HomeMy WebLinkAboutMINUTES - 12142010 - C.18RECOMMENDATION(S):
APPROVE the CONVEYANCE of a Second Amendment to License Agreement between
SFPP, L. P., and Contra Costa County Flood Control and Water Conservation District
(District), for use of a portion of the District’s Right of Way along Walnut Creek Channel to
upgrade and expand SFPP, L.P. Phytoremediation System, Concord area.
FIND that the conveyance of the Amendment is exempt from the California Environmental
Quality Act (CEQA) under State CEQA guidelines pursuant to Article 5, Section 15061
(b)(3),
DIRECT the Director of Department of Conservation and Development (DCD) to file a
Notice of Exemption with the County Clerk.
DIRECT the Chief Engineer to arrange for payment of a $50.00 fee to the County Clerk for
filing and a $25.00 fee to DCD for processing of the Notice of Exemption.
DETERMINE that the conveyance of said Amendment is in the public interest and will not
substantially conflict or interfere with the District’s use of the property.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/14/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:DISTRICT IV - SEAT VACANT
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Carla Peccianti
925-313-2222
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 14, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: J. Carlson, Real Property, County Administrator, Auditor-Controller , T. Jensen, CCCFCWCD, T. Rie, CCCFCWCD, M. Consolacion, CCCFCWCD,
A. Clark, Finance
C. 18
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 14, 2010
Contra
Costa
County
Subject:Second Amendment to License Agreement, Concord area. (District IV) Project No. 7520-6B8377
AUTHORIZE the Chief Engineer, or designee, to execute the Amendment on
RECOMMENDATION(S): (CONT'D)
behalf of the District.
DIRECT the Real Property Division of the Public Works Department to cause said
Amendment to be delivered to SFPP, L.P.
FISCAL IMPACT:
In 2010 the District received an annual fee $3,407.00; in 2011 the fee will be increased
annually by ±4% for the remaining nine years of the License Agreement
BACKGROUND:
On August 17, 1999, the Board of Supervisors approved the original License Agreement
between the District and SFPP, L.P. that allowed “the planting, installing, maintaining,
using and removing sixty-one (61) poplar trees, together with the necessary irrigation
system and two monitoring wells” and referred to as a Phytoremediation System in the
District’s property. On April 5, 2010, the Board of Supervisors approved a First
Amendment to Licensee Agreement between the District and SFPP, L.P. that allowed for
“one (1) additional monitoring well, one (1) extraction well, twenty-two (22) additional
poplar trees, extended the term of the license for an additional ten years, increased the
yearly fee by ±4% for the remaining ten years; and increased the amount of the Bond to
$284,000.
SFPP, L.P. operates a petrochemical facility adjacent to the Walnut Creek Channel
(Channel), north of Imhoff Drive at 1550 Solano Way, Concord. The California Regional
Water Quality Control Board, San Francisco Bay Region (RWQCB), has required SFPP,
L.P. to perform remediation measures to lower toxin levels in the groundwater caused by
migration of petroleum hydrocarbons from their facility toward the Channel. The original
Licensee Agreement allowed the installation of a Phytoremediation System which was to
intercept and breakdown the contaminants in the groundwater which migrate toward the
Channel. Recent monitioring of the Phytoremediation System has revealed that ithe
current system is only providing minimal effectiveness in breaking down the
contaminants in the groundwater.
A Phytoremediation Enchancement Work Plan was prepared by TRC for SFPP, L.P. with
the purpose of applying additional remedial measures to mitigate off-site migration of
impacted groundwater. TRC’s enchanced Pythoremediation System calls for the removal
of all of the Poplar trees including the irigation system and replacing them with fifteen
(15) Arroyo Willow trees, fourteen (14) White Alder trees, fourteen (14) Autumn Purple
Ash trees and fifteen (15) Red Alder trees using the root management system called
TreeWell®. TreeWell® system uses a liner around the tree roots, forcing the roots to
grow down to the watertable rather than seeking the closest water source. In order for
SFPP, L.P. to plant the four varieties of trees using the TreeWell® system, they need to
enter into an Amendment with the District.
CONSEQUENCE OF NEGATIVE ACTION:
CONSEQUENCE OF NEGATIVE ACTION:
SFPP, L.P. will not be in compliance with the requirements of the RWQCB
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
ATTACHMENTS
Second Amendment
CEQA