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HomeMy WebLinkAboutMINUTES - 02262002 - C23 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: TRANSPORTATION, WATER&INFRASTRUCTURE COMMITTEE Supervisor Donna Gerber, Chair Supervisor Federal Glover,Member DATE: February 25,2002 SUBJECT: ACQUISITION OF PROPERTY BY THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR EXPANSION OF MARSH CREEK RESERVOIR. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND TSTIFICATION i. Recommended Action: APPROVE and AUTHORIZE the Chief Engineer of the Flood Control and Water Conservation District to proceed with CEQA compliance and pursue a purchase agreement for acquisition of 213 acres of property, for an agreed purchase price of$639,000, from the Cowell Ranch holdings, for future expansion of its Marsh Creek. Reservoir facility, as recommended by the Transportation, Water and Infrastructure Committee,Brentwood area. (District III) H. Financial lmuact: There is no fiscal impact to the County General Fund. The cost of the property is $639,000,based on an appraisal done by Trust for Public Lands. The monies for the acquisitiont e pro erty will co from Flood Control District Zone 1 funds. Continued on Attathment; X SIGNATURE: X RECOMMENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATURES}: : ACTION OF BOARD ON FEB. 26, 200 2APPROVED ASI hereby certify that this is a true and correct RECOMMENDEDOTHER copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: FEBRUARY 26, .002 VOTE OF SUPERVISORS JOHN SWEETEN,Clerk of the Board AYES: NOES---xx UNANIMOUS(ABN ) of Supervisors and County Administrator ABSENT: ABSTAIN: ar x G.%G+tpDats\FldC"dr=isWtionlBoard Ordm\2002 BO\Mmh Creek Support Letter2.doc By ,Deputy Orig.Div: Public Works Flood Control Contact:` Steve Wright(313-.2259) CAO County counsef PW Accounting K Avalon,Ac&Astration D.Hckersen,Flood Control K Laws,Real Property Tim Wordt,Trust rur'.Public Lands Bob Doyle,Bast Bay Regional Park District John Stevenson,City of Brentwood. y SUBJECT: ACQUISITION OF PROPERTY BY THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR EXPANSION OF MARSH CREEK RESERVOIR HATE. February 25,2002 PAGE 2 III. Reasons for Recommendations:;and Background: The Contra Costa County Flood Control and Water Conservation District(District)owns and maintains a number of flood protection facilities in the Marsh Creek Watershed. As a result of land use changes and recent hydrological analysis of the watershed, the District has undertaken a program to increase the level of flood protection to the appropriate level for the urbanized Brentwood area. As part of this program, the District needs to increase the storage capacity of the Marsh Creek Reservoir. The District would like to purchase a portion of the existing flowage easement surrounding the Marsh Creek Reservoir in order to enlarge the reservoir to provide adequate flood protection for the watershed. This proposed enlargement would also provide an opportunity to create additional wetland and riparian habitat. Marsh Creek Reservoir is situated in a small portion of the Cowell Ranch holdings. The District owns fee title to the reservoirand the dam. The District also has a flowage easement upstream of the reservoir that allows storm waters to inundate the land during large intensity storm events. The current flowage easement is defined with an upper elevation of 200 feet surrounding the reservoir, and the District will retain and continue to maintain the flowage easement in a natural state. The reservoir parcel is approximately 93 acres,and the flowage easement is 3'84 acres. The District proposes to acquire fee title to the portion of the flowage easement east of Marsh Creek(213 acres). This arrangement would help preserve the area west of Marsh Creek in the Briones Creek Watershed, which is described in the Interim Management Plan for the Cowell Ranch Acquisition Area as a particularly sensitive habitat area. In addition,we propose to enter into an operational agreement with East Bay Regional Park District(LBRPD) for the operation of the acquired property. The opportunities and benefits of the District's'plans for the proposed acquisition area include: • Creating approximately 20 acres of permanent wetland habitat • Increasing the riparian vegetation along Marsh Creek • Establishing Valley Oaks throughout the acquisition area • Increasing the level of flood protection for the watershed • Reducing the area of land surrounding the reservoir that is inundated with water during large intensity storm events • Offering a scenic easement to the California Department of Parks and Recreation(State Parks)over the area downstream of the dam on the east side adjacent to Marsh Creek Road. This easement would enhance their John Marsh House holdings and preserve the view shed from the historic house. • Creating opportunities for public access along trails • Reducing over-grazing by cattle:on the property The District's ultimate goal is to create riparian and wetland areas while increasing the storage capacity of the existing reservoir. The proposed prof ect will be consistent with the park and open space uses of the overall Cowell Ranch acquisition area and will include measures to integrate the expanded Marsh Creek Reservoir area into the open space system. The next step would be to develop a Reservoir Enhancement Plan. This plan would be developed with all the parties that maybe interested in the reservoir and its environs. There is currently a watershed planning effort underway in the Marsh Creek Watershed led by the Resource Conservation District(RCD). State SUBJECT: ACQUISITION OF PROPERTY BY THE FLOOD CONTROL AND WATER CONSERVATION DISTRICTFOR EXPANSION OF MARSH CREEK RESERVOIR. DATE: February 25, 2002 PAGE 3 Parks,the National Heritage Institute and the City of Brentwood are also active in the watershed. These agencies and other interested parties, along with the EBRPD, would be partners in developing the pian. In addition, the project would undergo environmental reviews by the.Department of Fish and Game(DFG)and regulatory agency approval prior to construction. Any other uses of the proposed acquisition area, such as trails, would be administered through a joint-use agreement with the District. It is understood that the Trust for Public Land is working with several parties to fund the acquisition of the Cowell Ranch. Additionally, it is understood that the East Bay Regional Parks District(EBRPD)will be stewards of the land once the acquisition is completed. It is the Flood Control'District's intention to work closely with the Trust for Public Land,EBRPD,and other interested parties in the watershed,to enhance the existing reservoir for the benefit of all. The efforts of the District are supported by the City of Brentwood and the Trust for Public Lands,but the overall acquisition effort will only become effective if all funds are obtained by the Trust for Public Lands to exercise their option on the entire Cowell Ranch holdings. IV, Consequences of Negative Action: Failure to allow staff to pursue acquisition ofthe above-described property may jeopardize efforts to provide needed future expansion of the Marsh Creek Reservoir flood control facility and provide appropriate flood protection to downstream property owners.