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Home My WebLink AboutMINUTES - 01102006 - U.1 I 1�4k�EfENG( t t I� /A E ` TO: BOARD OF SUPERVISORS Contra= `—"��' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: JANUARY 10, 2006 Sra cov>z C O U n ty SUBJECT: AUTHORIZE THE COUNTY TO PARTICIPATE IN THE NATURAL RESOURCES CONSERVATION DISTRICT EMERGENCY WATERSHED PROTECTION PROGRAM FOR STORM DAMAGE RELIEF (COUNTYWIDE) I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. AUTHORIZE participation by the County in the United States Department of Agriculture, Natural Resources Conservation District,Emergency Watershed Protection Program and AUTHORIZE the Public Works Director to send a letter req jesting assistance to the Natural Resources Conservation Service. 2. AUTHORIZE the Public Works Director, or designee, to execute a Cooperative Agreement with the Natural Resources Conservation Service for assistance under their Emergency Watershed Protection Program. This agreement will only be signed upon all the participating property owners agreei to sume the County's responsibilities and liability as the local sponsor in the gooperative Apgom CONTINUED ON ATTACHMENT: I SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO ARD COM MITTEEAPPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON p\ L C� p(o I APPROVED AS RECOMMENDED _)f-,� OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON YC UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: I DATE SHOWN. ABSENT: ABSTAIN: I Contact: RMA:lz G:\GrpData\Admin\Ivlitch\bo\2006\Emergency Storm Damage Relief 1-10-06,doc ATTESTED Q / t O f �o JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS cc: John Sweeten,CAO Silvano Marchesi,CC Mitch Avalon,PW Greg Connaughton,PW BY: DEPUTY Judy Lytle,PW Natural Resources Conservation Service i i SUBJECT: AUTHORIZE THE COUNTY TO PARTICIPATE IN THE NATURAL RESOURCES CONSERVATION DISTRICT EMERGENCY WATERSHED PROTECTION PROGRAM FOR STORM DAMAGE RELIEF(DISTRICT III) DATE: JANUARY 10, 2006 PAGE: 2 of 3 3. AUTHORIZE the Public Works Director, or designee, to execute agreements with the affected property owners where federal assistance has been requested. FISCAL IMPACT: None to the General Fund. The Federally required participation by the County will be paid by the property owners pursuant to an agreement with the County where the property owners agree to pay all costs and assume maintenance responsibility and hold the County harmlel s. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The storms we experienced on December`31, 2005 created significant damage throughout the County. Public property as well as private property was damaged as a result of creek bank erosion and landslides. Certain private property owners in the unincorporated county qualify for federal assistance under the Natural Resources Conservation Service, Emergency Watershed Protection Program. The federal assistance is contingent on the County acting as the local sponsor and executing a Cooperative Agreement. A private property owner cannot be the local sponsor. The Emergency Watershed lProtection Program provides 75% federal funding for the authorized repair work with a 25%local match. The Cooperative Agreement requires the County,as local sponsor,to do the following key items: • Provide 25% of the project costs. • Obtain any necessary land rights (e.g., access rights, temporary construction permits). • Acquire regulatory permits. • Provide operation and maintenance of the repair work. • Pay the Natural Resources Conservation Service administrative costs. • Hold Natural Resources Conservation Service harmless. The County desires to facilitate this federal lassistance for private property owners, however, cannot assume any responsibility for being the local sponsor as noted above. To protect the County, private property ownlirs will be required to execute a second agreement with the County where the property owners will be assuming the responsibility for funding the local cost share, assuming the maintenance responsibilities and holding the County harmless from liability. For example, one home located at 1411 Finley Lane in Alamo is in need of a creek bank stabilization repair. The Natural Resources Conservation Service is prepared to perform the work necessary to protect the home if the County agrees to be the local sponsor. Staff has discussed this program with the property owner and they have agreed to execute an agreement assuming the responsibilities of the local sponsor. The agreement will require the property owner to do the following: • Pay the local cost share of the repair. • Deposit the estimated local cost share (25%project costs) and estimated staff costs with the County upon execution of the agreement. • Pay for staff costs associated with the bank repair project, such as engineering support, environmental review and permitting, real property services, etc. • Pay for any mitigation required by regulatory permits. • Acquire necessary land rights to perform the work or alternatively pay for staff to acquire the land I M a SUBJECT: AUTHORIZE THE COUNTY TO PARTICIPATE IN THE NATURAL RESOURCES CONSERVATION DISTRICT EMERGENCY WATERSHED PROTECTION PROGRAM FOR STORM DAMAGE RELIEF(DISTRICT II1) DATE: JANUARY 10, 2006 PAGE: 3 of 3 rights necessary for the repair project. ® Pay the Natural Resources Conservation Service administrative costs. ® Assume all maintenance requirements. ® Hold the County and Natural Resources Conservation Service harmless. Although staff is aware of only one property owner at this time who would like to apply for this assistance, it is anticipated that others will likely apply once the program becomes more widely known. Staff recommends the Board approve authorization to participate in the Emergency Watershed Protection Program. Staff will prepare the agreements with the Natural Resources Conservation Service and the affected property owners. The agreement with the Natural Resources Conservation Service would not be executed until the property owner has executed their agreement and placed a cash deposit with the County. In addition, staff will be meeting with Natural Resources Conservation Service to determine the appropriate design and contracting roles. County staff prefers to not be performing design and contracting services. It should be noted that this same program was successfully implemented in 1982 after the severe storms in January of that year. CONSEQUENCES OF NEGATIVE ACTION I Property owners would not be eligible for federal assistance. i f � I'� 1 PUBLIC WORKS DEPARTMENT Contra Costa County 255 Glacier Drive Martinez, CA 94553 (925) 313-2000 DATE: January 10, 2006 TO: Board of Supervisors r� FROM: Maurice M. Shi , Public Works Director SUBJECT: EMERGENCY ITEM FOR JANUARY 10,2006 BOARD AGENDA The storms we experienced on December 31, 2005 created significant damage throughout the County. In discussions yesterday, with the Natural Resources Conservation Service, it was determined that certain private property owners in the unincorporated County could qualify for federal assistance under their Emergency Watershed Protection Program. This assistance is conditional on the County acting as the local sponsor. One home, in particular, located at 1411 Finley Lane in Alamo is in need 1iof immediate creek bank stabilization repair. The Natural Resources Conservation Service indicates that work needs to be done on the creek bank as quickly as possible to save the house. I It is recommended that the Board,by a two-thirds or greater vote,make the following findings and place the attached item on the Januar 2006 Agenda. ® There is a demonstrated need for the Board to take immediate action to authorize the Public Works Director to enter agreements to facilitate urgent creek bank stabilization repair. ® The agenda for this meeting was posted on January 6, 2006. The County was contacted about this matter on January 9, 2006, after the agenda was posted. Item: Authorize Public Works, Director to enter agreements with National Resources Conservation Service and affected property owners to facilitate creek bank stabilization repair. MMS:RMA:lz G;1GrpDataWdminNitch\2006\Emergency Board Item 1-10-06.doc c: J. Sweeten,CAO J.Enea,CAO S.Marchesi,County Counsel Clerk of the Board