To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Acquisition of Easement Rights from East Bay Municipal Utility District for storm damage repair on Wildcat Canyon Road, Orinda area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee to execute a temporary construction easement and agreement (TCE), for approximately 2,951 square feet of real property within Assessor’s Parcel No. 276-030-021 for staging and construction purposes and a grant of easement, for approximately 747 square feet of real property for drainage purposes associated with the Wildcat Canyon Road Slope Failure Repair project (pursuant to Streets & Highway Code Section 943 pursuant to Government Code 25350). ACCEPT the grant of easement and TCE from East Bay Municipal Utility District on behalf of the County.
APPROVE payment of $11,870 for administrative fees and property rights, and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to East Bay Municipal Utility District, 375 11th Street, MS 903
Oakland, CA 94607 to be forwarded to the Real Estate Division for delivery.
DETERMINE that the acquisition of the TCE and grant of easement is not subject to the California Environmental Quality Act (CEQA) as it can be seen with certainty that it will not have a significant effect on the environment pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines.
DIRECT the Real Estate Division to have the above-mentioned grant of easement recorded in the office of the County Clerk-Recorder.
FISCAL IMPACT:
No fiscal impact. One-time Payment of $11,870 from Local Road Funds Project 0672-6U6266.
BACKGROUND:
The Contra Costa County Wildcat Canyon Road Slope Failure Repair project (500 feet west of San Pablo Dam Road) is necessary to repair an embankment failure and reconstruct the roadway to restore two-way traffic to a stretch of roadway that was damaged during the 2023 winter storm events. The road is currently closed to all users. The work includes embankment repair by constructing a cantilever soldier pile wall and reconstructing a storm drain culvert that crosses under the roadway. The easements will have a nine-month term from April 1 through December 30, 2025. The payment of $11,870 is the total of $3,370 application fees, $4,500 TCE nine-month term, and $4,000 for the Drainage Easement.
On September 24, 2024, the Board of Supervisors approved the project and determined the project was exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 19 sections 15301(c) and 15302(c) which says the activity consists of the repair and reconstruction of an existing street and associated embankment failure, involving negligible expansion of use beyond that previously existing. (CP# 21-35)
CONSEQUENCE OF NEGATIVE ACTION:
The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications.