HomeMy WebLinkAboutMINUTES - 04202004 - C17 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL & WATER CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: APRIL 20, 2004
SUBJECT: NORTH GATE ROAD PROPERTY CONSERVATION EASEMENT REFERRAL TO FINANCE
COMMITTEE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
Refer to Finance Committee a request for an extension of time to complete the conservation easement document
on the surplus parcel of the Pine Creek Detention Basin.
II. Fiscal Impact:
The Flood Control District will receive$1.559 million for a conservation easement on the parcel the District owns
on North Gate Road. Pursuant to an agreement with the State Department of Water Resources all revenue
generated from the conservation easement must go towards Flood Control infrastructure improvements in the
Walnut Creek watershed.
Continued on Attachment: X SIGNATURE.
_RECOMMENDATION OF COUNTY ADMINTI TRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APRIL 70, 2M7PPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE )
AYES: NOES: 1 hereby certify that this is a true and correct copy
ABSENT: ABSTAIN: of an action taken and entered on the minutes of
NLMS:R_MA:iz
G:1GrpData\Admin\Mitch\bo\2004\4.20NorthgateConservatinEasement.dos the Board of Supervisors on the date shown.
Attachment
Orifi.Div: Public Works(Admin Svcs)
Contact: Mitch Avalon(3i3-2203)
c: J.0.Cor sughtuniyoodCostrol ATTESTED. .APRIL 205 '2004
G.CatmaughEon,Flood Cotrtrai 1
Real
K.Laws, its Development Dept.
Co
6.Barry,Community John Sweeten, Clerk of the Board of Supervisors
S.Anderson,County Counsel /+ /y
P.Roche,CommunityDevelopment Dept. and County Administrator
Joanna Hannah,Mt,Diablo Gateway Alliance
Seth Adams,Save Mt.Diablo
Naney Wenninger,EBRPD
Kevin Safine,City of Walnut Creek
By , deputy
SUBJECT: NORTH GATE ROAD PROPERTY CONSERVATION EASEMENT REFERRAL,TO FINANCE
COMMITTEE
DATE: APRIL 20, 2004
PAGE: 2
III. Reasons for Recommendations and Bachground:
On May 21,2002,the Board of Supervisors approved in concept a conservation easement on the 36-acre parcel
the Flood Control District owns on North Gate Road in the Walnut Creek area,adjacent to the Milton F.Kubicek
(Pine Creek)Detention Basin. Since that time District staff has been working with the East Bay Regional Park
District, Save Mt. Diablo, the City of Walnut Creek, and the Mt. Diablo Gateway Alliance to develop a
conservation easement document. Attached is a letter from the Mt.Diablo Gateway Alliance,dated March 21,
2000, which outlines the concept of the conservation easement. When the Board approved the concept of a
conservation easement on the property,they gave the proponents two years to complete the document and provide
the funding necessary to complete the transaction. Although the parties of interest have been diligently working
on the conservation easement, the easement document has not been completed and the parties of interest have
requested the County to extend the deadline for completion of the document. Staff supports the requested
extension and believes the documents can be completed within two to three months.
IV. Consequences of Nezative Action:
This item would not be referred to the Finance Committee.
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Mount Dfab to CTae
ENSURINCr PRESERVATION OF OUR SCENIC,CORRIDOR
March 21, 2000
Mr. Mitch Avalon, Director
Contra Costa County Flood Control District
255 Glacier Drive
Martinez, CA 94553.4897
Re: Proposal to Acquire a Conservation Easement on 36-Acre Pine Creel;. Detention
.Basin, Shown in the Assessor's Records as APN 138-150,0037, 138.160.001,
138,-160-002, 13$-160003, 138-170.001 and 138-170.007.
Dear Mitch:
We appreciate that representatives of the Mount Diablo gateway Alhafice had the opportunity to
meet with you and Supervisor Gerber on March 11. As a result of this productive meeting, in
accordance with our vernal understanding, we are prepared to make an,offer consistent with the
following stated terms:
I. 'The subject parcel' retained by the CCC flood Control District, as essential
to the m*anagernent of the adjacent,downstream detention basin. It will be preserved
in perpetuity via creation of a conservation easement benefiting the public and to be
held by a local agency for joint uses including: public open space and recreational
uses, watershed and water quality protection, wetland preservation, and wildlife.
habitat restoration and enhancement projects, such as those benefiting state .or
federally listed species including the California red-legged frog.
The consideration for the Easement,based on recent appraisals and expected returns
to the District were the property sold, but with the understanding that the appraisals
are for "highest and best use and do not include passible additional development
costs andmitigations which could decrease a potential sale price,is to be$1,559,000.
"The funding consideration for the easement is to be obtained through a public/private
partnership which might include the State of California,
3. This proposal is subject to the ratifxcaeion by the.Contra Costa. County,'Board of,
Supervisors. The term within which funding comer fitments will be procured is to be
by July 31, 2002, or 24 months from signing of a Memorandum of Understanding
approved by the Contra Costa County Board of Supervisors,whichever is longer.
Mr. Mitch Avalon
March 21, 2000
Page Two
4, The conservation easement mayinclude joint uses acceptable to the funding partners
and the District within designated areas of the parcel,to be limitedin size and located
as described in the easement language. Such acceptable joint uses might include:
A.) as a deposit site for dredged materials from the adjacent detention basin,
subject to environmental analysis and subject to use of these deposited materials to
recreate more natural contours on the site without harming the visual corridor from
the detention basin to the state and regional parks,
B.) for wetland and wildlife enhancement or mitigation projects,
C.) recreational staging and trails segments for adjacent State, regional or
local parks and trails,
D.) a small administrative building for one of these park agencies,
E.) equestrian uses such as an equestrian center.
5. Our time line chart be updated and monitored every sixty (64) days to insure that
significant benchmarks are being met in the process of developing a successful
partnership.
We understand your dedication to your primary obligation of water management. We trust that our
proposal provides adequate consideration.
4 /4d
` It77
Mount Diablo Gateway Alliance
cc: Supervisor Donna Gerber