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HomeMy WebLinkAboutMINUTES - 04102007 - C.71 E SE L TO: BOARD OF SUPERVISORS, AS GOVERNING �'`�` �==._'•.. Contra BOARD OF THE FLOOD CONTROL & WATER ;:: = = =`•.. CONSERVATION DISTRICT - - Costa Mu FROM: MAURICE M. SHIU, CHIEF ENGINEER County fpA COUtj DATE: April 10, 2007 SUBJECT: ADOPT RESOLUTION 2007/ZSZ finding and declaring that an emergency exists and authorizing the Chief Engineer, Flood Control and Water Conservation District, to proceed in the most expeditious manner for the Lower Walnut Creek Interim Protection Measures project,Pacheco area.(Districts II&IV) Project No. 7520-6138345 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. ADOPT Resolution 2007/ finding and declaring an emergency, pursuant to Public Resources Code Section 21080(b) and Public Contract Code Sections 22035 and 22050, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action described in the resolution is necessary to respond to the emergency. CONTINUED ON ATTACHMENT: 0 SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR R OMMENDA)F F B ARD COMMITT —� APPROVE OTHER m ` SIGNATURE(S): ::L"4c ACTION OF BOA N APPROVED AS RECOMMENDED /ER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT < � ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Greg Connaughton(925)313-2270 GC:cw o' G:\TIdCtl\Board Orders 2005 Onward\2007 BO\Lower Walnut Creek Emergency BO ATTESTED 4-10-07.doc JOHN COLEN,CLERK OF THE BOARD OF SUPERVISORS cc: County Administrator Auditor-Controller Construction Public Works: BY: 'DEPUTY Maurice M.Shiu,Chief Engineer R.Mitch Avalon,Deputy Chief Engineer Greg Connaughton,Flood Control Paul Detjens,Flood Control SUBJECT: ADOPT RESOLUTION 2007/ finding and declaring that an emergency exists and authorizing the Chief Engineer, Flood Control and Water Conservation District, to proceed in the most expeditious manner for the Lower Walnut Creek Interim Protection Measures project,Pacheco area. (Districts H &IV) Project No. 7520-6B8345 DATE: April 10, 2007 PAGE: 2 of 3 2. DELEGATE to the Chief Engineer, or his designee, the authority to proceed in the most expeditious manner with the Lower Walnut Creek Interim Protection Measures project,to repair or replace the Lower Walnut Creek flood control facility, to take any directly related and immediate action required by the emergency, and to procure the necessary equipment,services,and supplies for those purposes,without giving notice for bids to let contracts. 3. DIRECT the Chief Engineer,or his designee,to make periodic reports to the Board of Supervisors,as required by Public Contract Code 22050, to enable the Board of Supervisors to review the emergency action and to determine whether there is a need to continue the emergency action. 4. DIRECT the Chief Engineer,or his designee,to prepare and file a Notice of Exemption with the County Clerk pursuant to Public Resources Code Section 21152(b) and to pay the required filing fee. 5. WAIVE the.County's Outreach Program requirements for contracts,equipment,services,and supplies procured for the above project. FISCAL IMPACT: The total cost of the project is unknown at this time. However, the cost to implement reasonable interim measures is not expected to exceed $10 million. The project will be funded by Flood Control Zone 3B. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The U.S.Army Corps of Engineers(Corps)constructed the Walnut Creek project over a thirty-year period starting in 1958. The Walnut Creek project consists of approximately 22 miles of flood control channels on Walnut,Grayson, Pacheco, Pine, Galindo, and San Ramon Creeks. The Lower Walnut Creek channel was constructed as the first phase of the project. The Contra Costa County Flood Control and Water Conservation District (District) gave assurances to the Corps that the channel would be maintained in accordance with the maintenance guidelines provided by the Corps. The Corps inspects the project annually; the last inspection occurred on September 26 and 27 and on October 10, 2006. The Corps, with a few exceptions, found the entire system to be in good repair. However, the Corps' inspection report noted a concern regarding the amount of accumulated sediment in the lower reaches of the Walnut Creek channel, roughly from the mouth of the creek up to Highway 4 near Buchanan Field Airport. The District is in the process of assessing the consequences of the sediment deposition and levee subsidence on the flood-carrying capacity of the channel. As a result of the catastrophic damage from Hurricane Katrina, the Federal government changed its processes for administering Federal Emergency Management Agency (FEMA) and Corps disaster assistance programs under PL 84-99. As a result,the Corps recently informed the District of its intent to provide a written notice in April 2007 requiring correction within one year of the maintenance concerns outlined in the last annual inspection report. Failure to take appropriate corrective.action will disqualify the District from receiving disaster assistance for storm damages to the Walnut Creek project. In addition,the Corps will be advising FEMA of the sediment issue in Lower Walnut Creek. FEMA may determine that a basis exists to require property owners in the adjacent flood plain to carry federal flood insurance. • SUBJECT: ADOPT RESOLUTION 2007/ finding and declaring that an emergency exists and authorizing the Chief Engineer, Flood Control and Water Conservation District, to proceed in the most expeditious manner for the Lower Walnut Creek Interim Protection Measures project,Pacheco area. (Districts H& IV)Project No. 7520-6B8345 DATE: April 10, 2007 PAGE: 3 of 3 On December 31,2005,during a 39-year storm event,the Lower Walnut Creek channel experienced flooding in the area near the confluence of Walnut and Grayson Creeks. On February 27,2007,District staff met with staff from the Central Contra Costa Sanitary District(CCCSD),which operates a major wastewater treatment plant south of the above confluence. During the discussion,which focused on potential flooding in the Lower Walnut Creek channel, CCCSD staff mentioned that they had conducted a field inspection following the December 31,2005,storm and had found that stormwater from the Lower Walnut Creek channel had overtopped a levee section adjacent to the CCCSD plant. Without emergency implementation of interim flood protection measures this year, it is likely that winter storms will continue to overtop the levees along the Lower Walnut Creek channel,resulting in potential flooding of the CCCSD plant, portions of Buchanan Field Airport, the nearby refinery property, and other commercial and residential properties in the area. On March 13, 2007, the Board of Supervisors received a report from the Transportation, Water and Infrastructure Committee(TWI Committee)regarding the maintenance, flood insurance,and disaster assistance issues related to the Lower Walnut Creek channel and approved the TWI Committee recommendations. Among the recommendations approved by the Board, District staff was directed to apply for dredging permits from the appropriate regulatory agencies and to identify interim measures to reduce the potential risk of flooding. In order to promptly address the potential flooding risk and take corrective action within the one-year period prescribed by the Corps,an emergency declaration is necessary. The District must immediately secure professional services to acquire dredging permits and to provide geotechnical engineering recommendations regarding interim measures to reduce the potential risk of flooding. Furthermore,if the District were to follow its normal construction contract advertisement and award process,the construction of interim protection measures could not begin until after the October 1 deadline for working in the creek set by the State Department of Fish and Game. Pursuant to the provisions of Sections 22035 and 22050 of the Public Contract Code,when the appropriate findings of an emergency are made by the Board of Supervisors, the normal bidding procedures are waived and repair or replacement work can begin immediately. We are,therefore,recommending that the Board make such findings and direct the Chief Engineer to proceed with the project and enter into any necessary contracts. CONSEQUENCES OF NEGATIVE ACTION: If the above recommendation is not adopted, implementation of interim protection measures in the Lower Walnut Creek channel will not occur until summer 2008,prolonging the potential flood risk to the CCCSD plant and to the other properties in the adjacent flood plain. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on April 10, 2007,by the following vote: AYES: NOES: 71 ABSENT: 13 OY7;_� ABSTAIN: RESOLUTION NO. 2007/ e1Z (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: FIND and DECLARE that an emergency exists and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, to proceed in the most expeditious manner with the Lower Walnut Creek Interim Protection Measures project,Pacheco area. (Districts R& IV)Project No. 7520-6138345 The Board of Supervisors of Contra Costa County, as the governing board of the Contra Costa County Flood Control and Water Conservation District (District), RESOLVES THAT: WHEREAS, The U.S. Anny Corps of Engineers (Corps) constructed the Walnut Creek project over a thirty-year period starting in 1958. The Walnut Creek proj ect consists of approximately 22 miles of flood control channels on Walnut, Grayson, Pacheco, Pine, Galindo, and San Ramon Creeks. The Lower Walnut Creek channel was constructed as the first phase of the project. The District gave assurances to the Corps that the channel would be maintained in accordance with the maintenance guidelines provided by the Corps. GC:cw I hereby certify that this is a true and correct copy of an G:\FldCtl\Board Orders 2005 Onward\2007 Resolutions action taken and entered on the minutes of the Board of \Lower Walnut Creek Emergency Reso 4-10-07.doc Supervisors on the date shown. Orig.Dept.:Public Works(Flood Control) u I� Contact Person:Greg Con naughton(925-313-2271) c cc: County Administrator Auditor-Controller ATTESTED: / d" Construction JOHN CULLEN rk of the Board of Supervisors and Public Works: Maurice M.Shin,Chief Engineer County Administrator R.Mitch Avalon,Deputy Chief Engineer Greg C nshton,Flood Control Paul Detjtje ,Flood Control By D RESOLUTION NO. 2007/ 2�z. SUBJECT: FIND and DECLARE that an emergency exists and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,to proceed in the most expeditious manner with the Lower Walnut Creek Interim Protection Measures project,Pacheco area. (Districts II&IV) Project No. 7520-6B8345 DATE: April 10, 2007 PAGE: 2 of 3 WHEREAS,the Corps inspects the project annually;the last inspection occurred on September 26 and 27 and on October 10, 2006. The Corps, with a few exceptions, found the entire system to be in good repair. However, the Corps' inspection report noted a concern regarding the amount of accumulated sediment in the lower reaches of the Walnut Creek channel, roughly from the mouth of the creek up to Highway 4 near Buchanan Field Airport. The District is in the process of assessing the consequences of the sediment deposition and levee subsidence on the flood-carrying capacity of the channel. WHEREAS, as a result of the catastrophic damage from Hurricane Katrina, the Federal government changed its processes for administering Federal Emergency Management Agency (FEMA) and Corps disaster assistance programs under PL 84-99. As a result, the Corps recently informed the District of its intent to provide a written notice in April 2007 requiring correction within one year of the maintenance concerns outlined in the last annual inspection report. Failure to take appropriate corrective action will disqualify the District from receiving disaster assistance for storm damages to the Walnut Creek project. In addition,the Corps will be advising FEMA of the sediment issue in Lower Walnut Creek. FEMA may determine that a basis exists to require property owners in the adjacent flood plain to carry federal flood insurance. WHEREAS, on December 31, 2005, during a 39-year storm event, the Lower Walnut Creek channel experienced flooding in the area near the confluence of Walnut and Grayson Creeks.. On February 27, 2007, District staff met with staff from the Central Contra Costa Sanitary District (CCCSD), which operates a major wastewater treatment plant south of the above confluence. During the discussion,which focused on potential flooding in the Lower Walnut Creek channel,CCCSD staff mentioned that they had conducted a field inspection following the December 31,2005,storm and had found that stormwater from the Lower Walnut Creek channel had overtopped a levee section adjacent to the CCCSD plant. Without emergency implementation of interim flood protection measures this year,it is likely that winter storms will continue to overtop the levees along the Lower Walnut Creek channel,resulting in potential flooding of the CCCSD plant, portions of Buchanan Field Airport,. the nearby refinery property, and other commercial and residential properties in the area. WHEREAS, on March 13, 2007, the Board of Supervisors received a report from the Transportation, Water and Infrastructure Committee(TWI Committee)regarding the maintenance,flood insurance,and disaster assistance issues related to the Lower Walnut Creek channel and approved the TWI Committee recommendations. Among the recommendations approved by the Board, District staff was directed to apply for dredging permits from the appropriate regulatory agencies and to identify interim measures to reduce the potential risk of flooding. WHEREAS,in order to promptly address the potential flooding risk and take corrective action within the one-year period prescribed by the Corps, an emergency declaration is necessary. The.District must immediately secure professional services to acquire dredging permits and to provide geotechnical engineering recommendations regarding interim measures to reduce the potential risk of flooding. Furthermore, if the District were to follow its normal construction contract advertisement and award process,the construction of interim protection measures could not begin until after the October 1 deadline for working in the creek set by the State Department of Fish and Game. SUBJECT: FIND and DECLARE that an emergency exists and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,to proceed in the most expeditious manner with the Lower Walnut Creek Interim Protection Measures project,Pacheco area. (Districts II&IV) Project No. 7520-6B8345 DATE: April 10, 2007 PAGE: 3 of 3 WHEREAS,pursuant to the provisions of Sections 22035 and 22050 of the Public Contract Code,when the appropriate findings of an emergency are made by the Board of Supervisors, the normal bidding procedures are waived and repair or replacement work can begin immediately. We are, therefore, recommending that the Board make such findings and direct the Chief Engineer to proceed with the project and enter into any necessary contracts. NOW, THEREFORE BE IT RESOLVED, that the County Board of Supervisors FINDS and DECLARES,based on the evidence set forth above,pursuant to Public Resources Code Section 21080(b) and Public Contract Code Sections 22035 and 22050,that an emergency exists,that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action described in this resolution is necessary to respond to the emergency; and. BE IT FURTHER RESOLVED, that the County Board of Supervisors DELEGATES to the Chief Engineer or his designee the authority to proceed in the most expeditious manner with the Lower Walnut Creek Interim Protection Measures project, to repair or replace the Lower Walnut Creek flood control facility,to take any directly related and immediate action required by the emergency, and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and BE IT FURTHER RESOLVED,that the County Board of Supervisors DIRECTS the Chief Engineer or his designee to make periodic reports to the Board of Supervisors, as required by Public Contract Code 22050,to enable the Board of Supervisors to review the emergency action and to determine whether there is.a need to continue the emergency action; and BE IT FURTHER RESOLVED,that the County Board of Supervisors DIRECTS the Chief Engineer or his designee to.prepare and file a Notice of Exemption with the County Clerk pursuant to Public Resources Code Section 21152(b) and to pay the required filing fee; and BE IT FURTHER RESOLVED,that the County Board of Supervisors WAIVES the County's Outreach Program requirements for contracts, equipment, services, and supplies procured for the above project.