To: The Contra Costa County Flood Control and Water Conservation District Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Cost Sharing Agreement with the City of Brentwood for the Contra Costa County Flood Control and Water Conservation District’s Lower Sand Creek Basin Project.
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (FCD), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Cost Sharing Agreement (Agreement) with the City of Brentwood (City), to pay the City $90,376 to replace approximately 1,040 feet of an existing fence between the FCD’s Lower Sand Creek Basin property, identified as Assessor’s Parcel No. (APN) 019-110-030, and City-owned property on Sand Creek Road, between Shady Willow Lane and Fairview Avenue, identified as APNs 019-110-030, 019-110-032, and 019-110-046, in connection with the City’s Sand Creek Sports Complex project (City Project), Brentwood area.
CONSIDER the City’s California Environmental Quality Act (CEQA) Mitigated Negative Declaration (MND) for the City Project, dated May 2024, and Notice of Determination, filed August 16, 2024 (State Clearinghouse No. 2024051360); FURTHER CONSIDER whether there are any environmental effects connected with the portion of the City Project that the FCD is financing, i.e., replacing a portion of an existing boundary fence; and DETERMINE that there are no direct or indirect environmental effects connected with the portion of the City Project that the FCD is financing.
DIRECT the Chief Engineer, or designee, to file a CEQA Notice of Determination (FCD NOD) with the County Clerk and the State Clearinghouse, in accordance with CEQA’s requirements for a responsible agency, CEQA Guidelines section 15096(i).
AUTHORIZE the Chief Engineer, or designee, to pay the $50 filing fee to the County Clerk for filing the FCD NOD.
FISCAL IMPACT:
The Agreement requires the FCD to pay the City $90,376 from Flood Control Zone 1 funds to replace an existing fence between the FCD’s Lower Sand Creek Basin property and City-owned property on Sand Creek Road in Brentwood. (100% Flood Control Zone 1 Funds) Project No. 7562-6D8492
BACKGROUND:
The FCD plans to expand the existing Lower Sand Creek Basin on an FCD-owned parcel in the City. The purpose of the expansion is to attenuate stormwater flows from the upper Marsh Creek watershed to provide improved flood protection for downstream communities, including the City. The stormwater generated in the watershed will be conveyed by Sand Creek and local stormwater runoff to the basin where it will be stored and released slowly through the basin outlets, reducing peak flows and reducing the potential for flooding downstream properties.
The City is developing its City Project on an adjacent City-owned parcel. A 4-foot-tall chain-link fence approximately 1,040-feet in length currently separates the two parcels. The City Project requires the existing boundary fence to be replaced with a new 5-foot-tall fence and meet anti-climb standards. It is estimated that the cost to remove and replace the boundary fence will be $164,320, and the FCD is willing to contribute $90,376 toward the cost of that work.
The purpose of this Agreement is to set forth each party’s obligations with respect to the removal of the existing boundary fence and installation of the new boundary fence. It also includes mutual indemnity provisions for both parties and their respective governing bodies, officers, agents, and employees.
In accordance with CEQA Guidelines, the FCD is acting as a responsible agency for the City’s Project because it is financing a portion of the City Project. FCD staff have reviewed the City’s MND for the City Project, and they determined that there are no direct or indirect environmental effects from the activity the FCD is financing, i.e., replacing approximately 1,040 feet of an existing boundary fence. CEQA Guidelines section 15096(i) provides that the FCD should file its own Notice of Determination, and staff recommend filing that document with the County Clerk and State Clearinghouse.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the Agreement, the Agreement cannot be executed and the boundary fence between the FCD’s Lower Sand Creek Basin property and City-owned property may not be improved.