HomeMy WebLinkAboutMINUTES - 09102013 - C.36RECOMMENDATION(S):
SUPPORT language in the proposed 2013 Water Resources Development Act (WRDA) regarding removal of US
Army Corps of Engineers’ project authority for a discontinuous and bypassed segment of San Ramon Creek in the
City of Walnut Creek and AUTHORIZE the Chair of the Board of Supervisors to sign a letter of support. (100%
Flood Control District Funds)
FISCAL IMPACT:
Supporting this legislation will cost approximately $2,000 in staff costs, to be funded by Contra Costa County Flood
Control & Water Conservation District (FC District) funds.
BACKGROUND:
The Contra Costa County Flood Control & Water Conservation District (FC District) has worked with our partners—
the US Army Corps of Engineers (Corps), the City of Walnut Creek, and Macerich Development Company, to submit
language into both the Senate and House versions of the 2013 WRDA bill, which will deauthorize a portion of the
Corps Walnut Creek Flood Control Project, specifically the San Ramon Creek Culvert located within the Broadway
Plaza Shopping
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/10/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Tim Jensen (925) 313-2390
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: September 10, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: David Twa, County Administrator, Sharon Anderson, County Counsel, Lara DeLaney, County Administrator's Office, Steve Kowalewski, Deputy Chief
Engineer, Mike Carlson, Flood Control, Paul Detjens, Flood Control, Catherine Windham, Flood Control, Paul Schlesinger, Alcalde and Fay
C. 36
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:September 10, 2013
Contra
Costa
County
Subject:Support federal legislation in proposed 2013 WRDA Regarding Deauthorization of the San Ramon Creek Segment,
Walnut Creek. Project No. 7505-6F8139
BACKGROUND: (CONT'D)
Center in downtown Walnut Creek. The FC District, in conjunction with our local partners, has evaluated the
ownership and management of this flood protection system, and we have determined that this discontinuous and
bypassed segment of the Walnut Creek Project would benefit from a change in management and oversight. With
the deauthorization language in an approved WRDA bill, Congress would formally relinquish Corps oversight,
inspection, and funding for a small portion of the original Walnut Creek Flood Control Project and turn that
portion over to local responsibility.
The specific segment of San Ramon Creek (the “Segment”) covered by this request is a culvert constructed by the
Corps in 1971 and extends from Sta 4+27 to Sta 14+27, a distance of 1,000 feet. The segment is located within
the Broadway Plaza area of downtown Walnut Creek, between Nordstrom’s at Mt. Diablo Boulevard and Macy’s
near Newell Avenue. It is a portion of the larger 22-mile Walnut Creek Flood Control Project. The adjacent
downstream portion of San Ramon Creek and portions of the adjacent Las Trampas Creek culvert are managed by
the City of Walnut Creek. The adjacent upstream portion of San Ramon Creek is privately owned and maintained
under oversight from the City of Walnut Creek. In the 1970s, the Corps prepared preliminary plans to extend the
channelization of San Ramon Creek further upstream. This channelization plan was never implemented, and in
response to local requests that natural riparian corridors upstream and downstream from the Segment be
maintained, the Corps instead constructed the San Ramon Bypass, which was completed in 1991. As such, the
Segment no longer serves its original flood control function and is not needed for the remainder of the Walnut
Creek Project to function properly.
Upon deauthorization of the Segment from the Walnut Creek Project, the FC District intends to turn over
regulation of the Segment to the City of Walnut Creek, which currently regulates the adjacent downtown creeks
under its creek ordinance. The FC District would continue to own and maintain the remainder of the Walnut
Creek Project constructed by the Corps, including the San Ramon Bypass channel, under continued Corps
oversight. This change will reduce Federal expenditures for project oversight and emergency response, as well as
reducing FC District maintenance costs.
The FC District began the formal deauthorization process with the Sacramento District of the US Army Corps of
Engineers in January 2013. We understand that this process can take some time, and thus the WRDA language
was submitted to increase the success of this requested action.
Below is the language we are requesting support for in the Senate version of WRDA of 2013:
“Section 3006 (j): WALNUT CREEK, CALIFORNIA.—Beginning on the date of enactment of this Act, the
Secretary is no longer authorized to carry out the portion of the project for flood protection on Walnut Creek,
California, constructed in accordance with the plan authorized by section 203 of the Flood Control Act of 1960
(Public Law 86–645; 74 Stat. 488) that consists of the culvert on the San Ramon Creek constructed by the
Department of the Army in 1971 that extends from Sta 4+27 to Sta 14+27.”
We also support the similar language in the House version of WRDA, which we understand is moving through the
committee.
Staff recommends supporting the above language as presented in both the Senate and House (including
modifications during the bill finalization process) in the 2013 WRDA and authorizing the Chair of the Board of
Supervisors to sign a letter of support.
CONSEQUENCE OF NEGATIVE ACTION:
The Corps will continue to exercise its authority at the segment of San Ramon Creek, placing unnecessary Federal
requirements on the FC District, City, and property owner.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Letter of Support to Congress