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HomeMy WebLinkAboutMINUTES - 01162001 - C9 TO:M1 BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: JANUARY 16,2001 SUBJECT: ACQUISITION OF PROPERTY FOR PROJECT MITIGATION ALONG WATERFRONT ROAD IN THE MARTINEZ AREA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Regommended Action: A. DECLARE the Boards intent to acquire the Praxis Property on Waterfront Road for project mitigation and AUTHORIZE the Chief Engineer of the Flood Control and Water Conservation District to proceed with the acquisition process and environmental assessment, and to bring the project back for Board approval upon completion of the CEQA document and environmental assessment. B. AUTHORIZE the Chief Engineer of the Flood Control and Water Conservation District to negotiate an agreement with the Muir Heritage Land Trust and the East Bay Regional Park District for the purpose of acquisition of the mitigation site and it's restoration and long-term preservation, and bring the agreement back for Board approval. C. AUTHORIZE the Chief Engineer of the Flood Control and Water Conservation District to negotiate an agreement with the granting agency that will fund the acquisition of the mitigation property, if necessary, and bring the agreement back to the Board for approval. Continued on Attachment:_ ._._ SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JANUARY 16, 20CIPPROVED AS RECOMMENDED X_OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy UNANIMOUS(ABSENT NONE ) of an action taken and entered on the minutes of AYES: NOES: the Board of Supervisors on the date shown. ABSENT: ABSTAIN: Orlg.Div: Public Works(Admin Sves) Contact: Mitch Avalon(313.2203) ATTESTED: JANUARY 16, 2001 RMA:mw 0:\GtpDamlAdmintMitch\bo\2f10IU3mxisProperty BO1.16-Ol.doc PHIL BATCHELOR, Clerk of the Board of ee: P.Batchelor,County Administrator M.Shiu,Public Works Director Supervisors and County Administrator M.Avalon,Deputy Public Works Director T.Batt,Muir Heritage Land Trust D.Eckerson,Flood Control J. Law& Property Real I. unit 1Gopohik,Community Development Department N.Wenninger,East Bay Regional Park District By Deputy L Martinez,Tax Collector's Office 1I T.Worth,Trust for Public Land SUBJECT: ACQUISITION OF PROPERTY FOR PROJECT MITIGATION ALONG WATERFRONT ROAD IN THE MARTINEZ AREA. DATE: JANUARY 16, 2001 PAGE 2 II. Financial Impact: None other than staff time involved in the property acquisition process. Funding for the acquisition will be through a grant coordinated by the Muir Heritage Land Trust. III. Reasons for Recommendations and Background: There is a parcel of land located on Waterfront Road in the Martinez area, east of Interstate 680 and near the Walnut Creek Channel. The property, commonly known as the Praxis Property, is approximately 120 acres in size. The Flood Control District would like to acquire the property as a mitigation site for future Flood Control District projects in the area. The Flood Control District is planning a project on lower Walnut Creek Channel that will require mitigation from the regulatory agencies. The District will restore this property as mitigation for that project and other projects in the future. Strategically,the District would like to have a large parcel, such as this, to provide for project mitigation to enable the District to complete Flood Control infrastructure for the citizens of Contra Costa County. The Flood Control District has been working with the East Bay Regional Park District and the Muir Heritage Land Trust to acquire the property through the Tax Collector's Office. The property has been tax delinquent for several years. Staff has been working with the Park District and the Land Trust on an agreement outlining the roles and responsibilities and expectations that each of the three parties would have with respect to the property. Each party has a different interest in the acquisition of the property,but we are all working towards the acquisition,restoration and preservation of the property. The Flood Control District has a project proposed on the Walnut Creek Channel and would like to use the property as project mitigation by restoring an area of the property necessary for the mitigation required by the regulatory agencies. The Park District would like to provide trail connections in the area and develop a staging area on the property for access to the Bay Trail and to the Iron House Trail. The Land Trust would like to assure that the property is restored and preserved in its natural state and will provide the funding for the property acquisition through a grant. It was anticipated that the total process to acquire the property would take six months to a year to complete. The tax process alone is a minimum of six months, if everything goes smoothly. The role of the Land Trust is to come up with the funding for the property acquisition. The Land Trust has recently been able to secure the funds necessary to pay for the acquisition. The Tax Collector's Office has agreed to release the property for$617,000 in back taxes. The Land Trust has a commitment from the Trust for Public Lands to provide all of the $617,000 for property acquisition. The funding comes with a deadline to have the monies expended by the end of March 2001. In working with the Tax Collector's Office, it seems possible for the Flood Control District,the Park District, and the Land Trust to meet the requirements of the Trust for Public Lands and achieve the acquisition. There are a lot of procedural tasks that have to be completed by March of 2001. This funding constraint accelerates a twelve-month process into a three-month process. As a result, we have already sent a letter to the Tax Collector's Office requesting them to begin the process for property acquisition. x SUBJECT: ACQUISITION OF PROPERTY FOR PROJECT MITIGATION ALONG WATERFRONT ROAD IN THE MARTINEZ AREA. DATE: JANUARY 16, 2001 PAGE 3 It should be noted that while this is a great opportunity, there are still several potential obstacles to overcome before the acquisition can go forward. An environmental assessment of the property will need to be performed prior to acquisition to determine the feasibility of the site for restoration and for use as mitigation. The assessment will include testing for hazardous materials,presence of endangered species that may hinder restoration work, and the restoration potential of the property given the soils, drainage, topography and other constraints. The environmental assessment will make sure there are no hazardous materials or other issues that would pose a liability for the Flood Control District and the County. We plan on moving forward with the acquisition process, even though there is a chance that the environmental assessment may indicate that acquisition is not in the best interest of the District, and the District may ultimately have to back out of the acquisition. Unfortunately, we do not have the time to perform the environmental assessment before initiating the acquisition process and must do them concurrently. Staff with the Flood Control District,Park District and Land Trust had been working together to determine the feasibility and process requirements for acquiring the property. Articles of Agreement between the three parties have been prepared as a precursor to a more formal agreement. Attached is a copy of the Articles of Agreement. These Articles of Agreement have been reviewed by staff at each of the three agencies but not formally approved. Staff is recommending the Board declare its intent to acquire the property and authorize the development and completion of a formal agreement with the Park District and the Land Trust. In addition, the granting agency,the Trust for Public Lands,may need a separate agreement to satisfy their funding deadline at the end of March, 2001, which will be before the property acquisition process is completed with the Tax Collector's Office.When the environmental assessment is complete and the CEQA document prepared,staff will have the information necessary for the Board to formally approve the project(acquisition). Staff will bring the agreements and project approval before the Board at that time. IV. Consequences of Negative Action: The mitigation parcel on Waterfront Road would not be acquired for project mitigation. ARTICLES OF AGREEMENT L Parties. The following "Articles of Agreement" are between the Contra Costa County Flood Control and Water Conservation District, the East Bay Regional Park District and the Muir Heritage Land Trust. 2. Purpose. The purpose of this agreement is to outline the roles and expectations of each party with regards to the acquisition, improvement and stewardship of property located in the Martinez area on Waterfront Road east of Interstate 680. The property, commonly known as the Praxis Property, (APlrl 159-310-030 and 031) consists of approximately 120 acres. The property has been tax delinquent for several years. Last year the property was placed for sale in a Tax Auction by the Tax Collector's Office. At that time, no offers were made on the property and it is still available for acquisition. The parties desire to work with the Tax Collector's Office to reach an agreeable sales price and to acquire the property for the purposes of restoration, mitigation and open space enhancement. The Flood Control District has a project proposed on the Walnut Creek Channel and would like to use the subject property as project mitigation by restoring an area of the property necessary for mitigation. If all of the property is not restored as mitigation for the Walnut Creek Channel project, then the Flood Control District would like to use the balance of the property, that is suitable for restoration, as mitigation for other projects, The Flood Control District would only fund the restoration of those parts of the property that are suitable for restoration. The balance of the property that is not suitable for restoration., or not used as part of a restoration project, would be left in its current state. When the Flood.Control District has restored all of the property it can restore,the property would be relinquished to another entity for long term stewardship. The District is in the business of flood control and not property conservation; it is best for all concerned that the long term steward of the property be better suited to property conservation. It is understood that the Flood Control District's interest in acquiring the property is for project mitigation. An environmental assessment of the property will be performed prior to acquisition to determine the feasibility of the site for restoration and as mitigation. The assessment will include testing for hazardous materials, presence of endangered species that may hinder restoration work, and restoration potential given the soils, drainage, topography, and other constraints. The Flood Control District will only participate in the property acquisition if the property is suitable for project mitigation and restoration. 3. Raps and Responsibilities. Each party agrees to the following roles and responsibilities with regards to the subject property: a. All Parties agree to do the following: ■ Recruit/Solicit other partners in the acquisition, restoration or stewardship of the property (i.e., City of Martinez, Central Contra Costa Sanitary District, Mount Diablo Audubon Society, etc.). W Recruit/Solicit long term steward of the property. Collaborate on developing a restoration assessment study for the property that will identify what portions of the property can be restored and how it could be accomplished. It should be noted that not all of the property may be suitable for restoration, and some portions may not be feasible to restore. 1 ARTICLES OF AGREEMENT ■ Recognize that a portion of the property may be utilized as part of the expanded outflow of the Walnut Creek Channel project, if the design for the lower Walnut Creek Channel project determines that extending the flows to the property would be beneficial for flood control in the watershed. ■ Identify funding and an entity to "restore" those portions of the property not restored by the Flood Control District, if the parties decide and agree that "restoration" of the balance of the property would be beneficial. b. East Bay Regional Park District agrees to: ■ Commission an appraisal of the property's current fair market value. ■ Provide trail planning and trail implementation on the property and in the area. ■ Assist in the preparation of grants to fund property acquisition. ■ Support the Flood Control District in its efforts to obtain a mitigation banking instrument with the regulatory agencies for any restoration of the property outside of the area needed for mitigation for the Walnut Creek Channel project. c. Muir Heritage Land Trust agrees to: ■ Prepare all grants for funding property acquisition. ■ Develop interpretive and educational program after property acquisition. ■ Assist in identifying appropriate long term steward for the property. ■ Work with any entities that propose a joint use project on the property, which is consistent with habitat restoration and open space enhancement. ■ Support the Flood Control District in obtaining any necessary agreements with the regulatory agencies for any restoration of the property outside of the area needed for mitigation for the Walnut Creek Channel project. The agreements would allow the District to get credit for future mitigation needs the District would have on future District projects. d. Contra Costa County Flood Control and Water Conservation District agrees to: ■ Accept fee title interest in the property. ■ Provide lead direction and funding on restoration of the property necessary to mitigate the District's lower Walnut Creek Channel project. ■ Provide lead direction and funding on restoration of any remaining portion of the property that has been determined to have restoration potential and is not needed for mitigation on the Walnut Creek Channel project. ■ Provide short term monitoring of restoration improvements as required by permitting regulatory agencies. ■ Design and implement restoration as needed to mitigate for lower Walnut Creek and other projects. 2 ARTICLES OF AGREEMENT 4. Expectations. The parties have the following expectations for this joint collaboration and partnership. a. East Bay Regional Park District ■ Obtain a trail connection through the area between the Ironhorse Trail and the Bay Trail at the Benicia Bridge. ■ Obtain a staging area within the subject property. b. Muir Heritage Land Trust ■ Obtain a wetland interpretive facility that does not conflict with the restoration and mitigation work. ■ Facilitate acquisition of a property that will be properly restored to its natural features. ■ Transfer ownership of the property to a public entity. C. Contra Costa County Flood Control District and Water Conservation District ■ Obtain a mitigation site for the Walnut Creek Channel project. ■ Obtain a potential mitigation banking site for any part of the property in excess of that needed to mitigate the Walnut Creek Channel project. ■ No long term maintenance obligation. ■ Support the grant application. ■ Design and implement the restoration plan for mitigation purposes. ■ Fund restoration of those portions of the property that are suitable for mitigation. 5. Issues. The following issues need to be discussed. ■ Regulatory agencies may require that a conservation easement be placed over the property in order to receive credit for future mitigation. Who would take "title" to the easement? ■ Will an endowment be required to maintain the site? If so,who would provide it? RMA:mw:tr G:\ DataWdmrn ivfitch\2004\00-12 Art cies of Agreement-Praxis Property.doc 3