To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: APPROVE and AUTHORIZE the Public Words Director, or designee to execute the Covenant to Restrict Use of Property and Environmental Restriction between Contra Costa County and the State of California Department of Toxic Substances Control, Concord area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE AND AUTHORIZE the Public Works Director, or designee, to execute a Covenant to Restrict Use of Property and Environmental Restriction between Contra Costa County and the State of California Department of Toxic Substances Control (DTSC) for the Monument Corridor Trail Project; Assessor Parcel Nos. 127-210-026, 127-253-005, and 127-150-018; to protect human health, safety, and the environment.
AUTHORIZE payment to DTSC from the Iron Horse Corridor Fund in an amount not to exceed $50,000 for DTSC staff costs to prepare the Covenant.
DETERMINE that the execution and recordation of the Covenant is in the public interest and will not substantially conflict or interfere with the County’s use of the property.
DIRECT the Real Estate Division to have the Covenant recorded in the Office of the County Recorder.
FISCAL IMPACT:
The project is funded by the City of Concord and the Iron Horse Corridor Trust Fund.
BACKGROUND:
The City of Concord (City) received grant funding for the Monument Corridor Trail Project (Project). The project included the construction of a 1.6-mile-long shared use trail that begins just north of Monument Boulevard and ends at Market Street/Meadow Lane in Concord. The trail is located on a portion of the County owned Iron Horse Corridor (IHC), just north of Monument Boulevard at Mohr Lane to Mayette Avenue, which is approximately 1.1 miles. The project improvements included the construction of a 10-foot-wide asphalt concrete pathway with 3-foot-wide crushed aggregate shoulders, drought-tolerant landscaping, gates, bollards, drainage facilities, curb ramps, and emergency call boxes.
In July 2011, the City’s consultant, Geocon completed a Preliminary Site Investigation for the project. In October 2011, Geocon completed a Supplemental Investigation for site sampling services to further assess arsenic concentrations in surface soils associated with the former railroad corridor as recommended in the Preliminary Site Investigation.
On July 1, 2012, the City entered into a Professional Services Contract with Nichols Consulting Engineers, Chtd. to perform environmental services for the City during all phases of the City’s construction of the project. On July 1, 2013, the County and the City entered into an interagency agreement to share the costs of the consultant’s services.
On December 4, 2012, this Board approved a license agreement between the County and the City. The license agreement allows the City to construct and maintain the project and requires the City to provide the necessary clean up and protection from the contaminants within the IHC from Monument Boulevard to Mayette Avenue.
In 2017, the Concord City Council approved the Monument Corridor Trail Voluntary Cleanup Agreement between the City of Concord and DTSC to provide oversight activities for the Project. Upon review of the project, DTSC requested that a Covenant to Restrict Use of Property and Environmental Restriction be recorded on the property to ensure full protection of the environment and human health.
The City of Concord worked under the oversight of DTSC to establish the Final Operations and Maintenance Plan - Monument Corridor Trail Project, dated January 23, 2020, which was approved by DTSC, and is a long-term operation and maintenance plan designed to protect the users of the project and/or Licensed Premises from any of the contaminants of concern.
Upon approval of the Covenant, County staff will bring a request to this Board to amend the License Agreement with the City of Concord to document the City’s obligation to perform certain obligations of the County under the Covenant and require the City to reimburse the County for future costs of administering the Covenant, and future inspection and reporting requirements, as required by DTSC.
California Environmental Quality Act (CEQA)
In January 2012, the City of Concord, as the Lead Agency of the Project, determined the Project is exempt from CEQA pursuant to Article 19, Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the CEQA Guidelines as the Project involves negligible or no expansion of use, including bicycle and pedestrian trails, and consists of minor alterations in the condition of land and/or vegetation for the creation of bicycle lanes on existing rights of way. The Notice of Exemption was filed with the County Clerk on January 12, 2012.
CONSEQUENCE OF NEGATIVE ACTION:
The project will not fulfill the requirements of DTSC and the Covenant to Restrict Use of Property and Environmental Restriction.