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HomeMy WebLinkAboutMINUTES - 12121990 - 1.69 r Q 1—®69 j TO: BOARD OF SUPERVISORS, FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 12, 1989 SUBJECT:REPORT from the Public Works Director, in response to the Board referral of October 179 1989, regarding the Upper Pine Creek project, Flood Control Zone 3B. Specific Request(s) or Recommendations) & Background & Justification I. RECOMMENDED ACTION: ACKNOWLEDGE receipt of a report from the Public Works Director in response to the Board referral of October 17, 1989, regarding the appropriateness of fencing installed and communication with property owners along Citrus Avenue and Pine Creek in Concord. II. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATIONBACKGROUND: The Board of Supervisors adopted resolution 89/695 on October 17, 1989 to condemn real property for the Upper Pine Creek project. At that time the Board heard comments, from two property owners subject to the condemnation, which disputed the appropriateness of the fence erected along the property lines and the timeliness of communications with the property owners. Pursuant to the referral of the Board, this report addresses the above noted property owner concerns: Continued on attachment: X yes Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other: Signature(s): Action of Board on: D Fr. 12 1989 Approved as Recommended_ Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF > Unanimous (Absent ) SUPERVISORS ON DATE SHOWN. Ayes: Noes: Absent: Abstain: Attested DEC 12 1989 Orig. Div.: PW (Design) Phil Batchelor, cc: County Administrator Clerk of the Board PW Road Engineering of Supervisors and Community Development County Administrator Attn: Gus Almquist GC/cw By , d/bo:pine.tl2 Deputy Clerk Page 2 d/bo:pine.tl2 Public discussion of the Corps of Engineer's Upper Pine Creek project began with a workshop meeting of the Flood Control Zone 3B (FCZ3B) advisory Board on June 13, 1984. The project intent and basic scope were outlined. On January 16, 1985 the FCZ3B Advisory Board met to hear a detailed description of the Corps' plan for Upper Pine Creek, supplement No. 4 to Design Memorandum No. 1. The drawings presented at the January 16, 1985 meeting showed a permanent fence installed immediately adjacent to existing private fences along the westerly boundary of the channel between Treat Boulevard and the Contra Costa Canal. The plans reflect the policy of both the Corps and the FCD to secure project sites by installing perimeter fencing. The policy is intended to reduce the risk of liability due to injury of the general public on project lands. Additional meetings of the FCZ3B Advisory Board were held on February 5, 1985 and March 6, 1985. The plan recommended by the Advisory Board included the fencing shown in the Corps' Design Memorandum. Notification of all Advisory Board meetings and the subsequent Board of Supervisor's hearings was sent to all owners of record whose property abutted the project. The Board of Supervisors considered the project on March 26, 1985 and directed the preparation of an EIR. The Draft EIR was distributed on September 3, 1985; again affected property owners were notified. Comments were received and the Final EIR was certified on December 13, 1985 and January 14, 1986 by the Planning Commission and the Board of Supervisors, respectively. The certified EIR included plans showing the installation of permanent fence next to existing private fences on the subject properties. On January 2, 1986, the property owners next to Pine Creek were notified of the Flood Control District's intention to acquire rights of way. The title search preliminary to appraisal revealed that, contrary to indications on the subdivision plans, the Flood Control District had only partial land rights encompassing the existing west channel levee. It was decided to modify the channel plan rather than acquire the lands already occupied by this levee. Accordingly the residents were notified on February 5, 1986 that land acquisition would not be necessary. The Corps revised the plans as requested by the FCD and construction began in May 1987. During construction it became evident that the plan provided an inadequate maintenance access corridor. The County Subdivision Ordinance requires a 21 foot wide access road on each side of channels exceeding an 80 foot top width. Between Treat Boulevard and San Gabriel Drive the Corps' Pine Creek Channel plan has a top width of 95 feet with 15 foot access roads. Additional access width was necessary to efficiently stage equipment for future desilting or bank repair. Therefore the FCD directed the Corps to install the fence on the alignment shown in the EIR. This decision was based on the need for efficient maintenance access and considered that the fence installation was as shown in the EIR and located in areas currently encumbered by levees and utility easements. The fence was installed completely outside of improved backyard areas and was further modified to avoid conflicts with trees and a private water distribution system. Final right of way drawings and descriptions reflecting the actual fence alignment were not completed until January 1989. The current acquisition process was initiated on February 3, 1989 when the District again notified the residents of the intent to appraise the property. IV. CONSEQUENCES OF NEGATIVE ACTION: None.