January 20, 2026
Public Works
DATE: January 20, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Tawfic Halaby, PE, Deputy Director of Public Works for
Operations & Maintenance
Hillal Hamdan, PE, Senior Civil Engineer
Subject:
Agreement with Contra Costa County Flood Control and
Water Conservation District for the Wildcat Creek Fish
Passage Project
FINANCIAL IMPACT: The proposed funding of $780,000 is included in the approved Fiscal Year 2025-2026 budget in the General
Capital Fund/Via Verdi Mitigation Project (Account String:
20136031-400642-23049).
PREVIOUS COUNCIL
ACTION:
February 28, 2017
STATEMENT OF THE
ISSUE:
An agreement with the Contra Costa County Flood
Control and Water Conservation District is required to
fund the Wildcat Creek Fish Passage Project and comply
with mandatory fish passage mitigation conditions
imposed by the California Department of Fish and Wildlife and the Regional Water Quality Control Board for the Via Verdi project.
RECOMMENDED ACTION:
ADOPT a resolution to APPROVE an agreement with the
Contra Costa County Flood Control and Water
Conservation District to remit $780,000 to satisfy the
City’s permit obligations associated with the Via Verdi Project and AUTHORIZE the City Manager or their
designee to execute necessary documents - Public
Works Department (Hillal Hamdan 510-621-1612/Tawfic
Halaby 510-620-5478/Robert Armijo 510-620-5477).
AGENDA
REPORT
January 20, 2026
DISCUSSION:
Background
In February 2017, Via Verdi roadway, the sole ingress/egress to the Sobrante Glen residential neighborhood of approximately 85 single family homes and about 100 apartment and condominium units, was damaged due to a landslide (Attachment 1). At its February 28, 2017, meeting, the Richmond City Council adopted Resolution 13-17, proclaiming the existence of a local emergency due to landslide damage on Via Verdi.
In response to the Via Verdi landslide, the City constructed an Emergency Access Road and worked with utility companies to relocate their facilities into the Emergency Access Road to provide uninterrupted vehicular access and utility services to the Sobrante Glen neighborhood. Starting in 2017, the City’s consultant conducted geotechnical investigations and then performed an alternatives analysis for possible solutions to address the landslide. The preferred alternative was the introduction of a culvert into San Pablo Creek to eliminate the threat of the landslide and was the lowest cost alternative. This alternative also minimized long-term operational and safety risks associated with continued slope instability. The design of the preferred alternative was initiated and the City engaged with federal, state, and local regulatory agencies including the United States Army Corps of Engineers, the California Department of Fish and Wildlife (CDFW), and the San Francisco Bay Regional Water Quality Control Board (Water Board), to secure the following regulatory permits for work in San Pablo Creek, adjacent to Via Verdi roadway:
California Department of Fish & Wildlife (CDFW)
Streambed Alteration Agreement 1600-2019-0169-R3 dated June 3, 2021; San Francisco Bay Regional Water Quality Control Board (Water Board) Clean Water Act Section 401 Water Quality Certification (WDID # 2 CS 430699) dated June 4, 2021; and
United States Army Corps of Engineers (USACE)
Individual Permit SPN-2010-00171 dated June 15, 2021.
Permit Requirements
The City is required to implement both riparian vegetation and fish passage mitigation measures, as outlined in the following excerpts from the CDFW and Water Board permits (Attachment 2 and 3). These requirements were conditions of project approval and are not discretionary. However, this item addresses only the fish passage mitigation measures. Riparian vegetation requirements will be brought forward under a separate item
California Department of Fish & Wildlife Streambed Alteration Agreement # 1600- 2019-0169-R3
Section 3.13 Offsite Mitigation Funding and Planning. Permittee shall submit no later than July 30, 2021, a funding plan for the fish passage and riparian vegetation mitigation requirements of this Agreement. The funding plan shall
January 20, 2026
identify a means to provide proof of sufficient financial assurances to ensure: (1) dedication of funds adequate to fully support construction of the selected fish passage mitigation option (e.g., Wildcat Creek Fish Ladder Retrofit Project), and (2) the construction, success, and long-term management and preservation of the selected riparian vegetation mitigation option (e.g., Rheem Creek enhancement and replacement). The funding plan shall include a detailed budget covering the expected project costs at each option, and a plan for holding and distributing the funds based upon the offsite projects’ timing. The funding plan shall describe details of the efforts performed by Permittee to secure funding in the necessary amounts in preparation for posting a bond, letter of credit, or other nonrevocable means of financial security to the San Francisco Bay Regional Water Quality Control Board. Multiple funding pathways shall be explored in parallel to ensure availability of funding. Monthly status reports on acquisition of funding shall be submitted to CDFW (see Contact Information) until funds have been secured and set aside via an acceptable security mechanism.
An acceptable financial security shall be established by Permittee for both the fish passage and riparian vegetation mitigation requirements of this Agreement no later than December 31, 2021, unless an alternative timeframe has been approved by CDFW in coordination with other permitting agencies based on adequate demonstration of progress towards securing funds. Documentation that a security has been established and accepted by the San Francisco Bay Regional Water Quality Control Board shall be submitted to CDFW within 20 days of the transaction’s completion.
Water Board 401 Water Quality Certification (WDID # 2 CS 430699) Condition 28. Offsite Mitigation Funding and Planning. The Permittee shall submit, no later than July 30, 2021, acceptable to the Executive Officer, a plan for funding the Rheem Creek and Wildcat Creek offsite mitigation work. The funding plan shall identify a means to provide proof of financial assurances adequate to ensure (1) dedication of funds adequate to support construction of the above-described Wildcat Creek fish ladder retrofit based on communication with the Contra Costa County Flood Control District and other entities, and an estimated schedule for the retrofit project’s completion in a timely manner, and (2) the construction, success, and long-term management and preservation of the Rheem Creek work. The plan shall include a detailed budget covering the expected project costs at each site and a plan for holding and distributing the funds, which may depend upon the offsite project’s timing. The funding plan shall describe details of the Permittee’s efforts to secure funding in the necessary amounts in preparation for posting bonds, letters of credit, or other irrevocable means of financial security. Multiple funding pathways shall be explored in parallel to ensure availability of funding. Monthly status reports on acquisition of funding shall be submitted, acceptable to the Executive Officer, until funds have been secured and set aside via an acceptable security mechanism for each offsite project.
January 20, 2026
An acceptable financial security shall be established by the Permittee for both the Wildcat and Rheem creeks projects no later than December 31, 2021, unless an alternative timeframe has been approved by the Executive Officer based on adequate demonstration of progress towards securing funds. Documentation that a security has been created in a manner that will be usable for the intended purpose, to include communications with the landowners and/or parties responsible for implementation, shall be submitted to the Water Board within 20 days of completion of the transaction.
Agreement with Contra Costa County Flood Control And Water Conservation District
The Contra Costa County Flood Control And Water Conservation District’s (District) proposed Wildcat Creek Fish Passage Implementation Project (Project) includes retrofitting an existing fish ladder, widening a sedimentation basin, and modifying a flood control structure, and meets the City of Richmond’s Via Verdi mitigation requirements (Attachments 3 and 4).
There were no proposed fish passage projects in Richmond, and as documented in the CDFW and Water Board permits, in order to meet the Via Verdi project regulatory permit fish passage mitigation requirements, the City of Richmond agreed to provide mitigation funds to the District for their proposed Project. In 2021, the fish passage portion of the Project was estimated to cost $780,000 ($650,000 Engineer’s Estimate plus a 20% construction contingency). These funds are only for use on the fish passage portion of the project; the City is under no obligation to fund the non-fish passage portions of the Project.
In 2025, the District notified the City of Richmond of their intent to advertise the Project for construction, and requested the City enter into an agreement to remit the construction funds to the District (Attachment 5). Execution of this agreement represents the mechanism by which the City fulfills its long-standing permit obligations.
Staff Recommendation
City staff recommend the City Council adopt the resolution that authorizes the City Manager to enter into an Agreement with the District for the remittance of $780,000 to the District for the fish passage portion of the Project (Attachments 6). Approval of the resolution will bring the City into compliance with its Via Verdi CDFW and Water Board permit requirements and avoid potential regulatory enforcement actions or delays associated with noncompliance.
DOCUMENTS ATTACHED:
Attachment 1 – Location Map
Attachment 2 – Amendment of Streambed Alteration, Notification No. 1600-2019-0169- R3, Via Verdi Slope Stabilization Project
Attachment 3 – Contra Costa County Flood Control District Project Plans Attachment 4 – Wildcat Creek Fish Passage Implementation Project Site Map
January 20, 2026
Attachment 5 – Agreement with the Contra Costa County Flood Control And Water Conservation District
Attachment 6 – Resolution