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HomeMy WebLinkAboutMINUTES - 08152000 - C24-C27 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: August 15, 2000 SUBJECT: Approve the continuation of the Joint Funding Agreement, dated October 1, 1999 with the United States Geological Survey for stream gaging for the period November 1, 2000 to October 31, 2001, San Ramon area Project No.: 7505-6178161 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE the continuation of the Joint Funding Agreement, dated October 1, 1999, with the United States Geological Survey (USGS)for stream gaging for the period November 1, 2000 to October 31, 2001, and AUTHORIZE the Chief Engineer to make payment for the Flood Control District's share of the cost. II. Financial Impact: The total cost of the stream gaging program for the period from November 1, 2000 to October 31, 2001 is $15,600. The Flood Control District's cost is $7,800 and USGS's cost is $7,800. There will be no impact to the General Fund. The Program will be funded entirely by Flood Control District fund 2505. Continued on Attachment: X SIGNATURE: RECOMMENDATION OIC BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON AUGUST 15, 2000 APPROVED AS RECOMMENDED.X_OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of VOTE OF SUPERVISORS the Board of Supervisors on the date shown. X UNANIMOUS(ABSENT IV } AYES: NOES: AUGUST 15, 2000 ABSENT: ABSTAIN:-- — ATTESTED: PHIL BATCHELOR, Clerk of the Board :\GGrp:1GrpDstatFldCtllAdministratloniBosrd Orders12000 80180 8-15-00 of Supervisors and County Administrator USGS.dnc Orig.Div.: Flood Control Engineering By --- s Deputy Contact: M.Weston(313-2292) C* Auditor-Controller PW Accounting z ` �_5 c SUBJECT: Joint Funding Agreement with the United States Geological Survey No.: 7505-6F8161 DATE: August 15, 2000 PAGE: 2 Ill. Reasons for Recommendations and Background: Since 1962, the USGS and the Contra Costa County Flood Control and Water Conservation District have been sharing the operation and maintenance cost of the stream gage on San Ramon Creek at San Ramon under the USGS's Cooperative Water Resources Investigation Program. Long term, continuous records of stream flow are essential to the calibration and verification of watershed runoff data used by the District's Engineering Division for the design of all drainage improvements in the County. The continuous record collected at this site is also recognized for its unchanged upstream land use over the past 38 years. As a result of this consistency, other agencies also use this stream flow record to calibrate rainfall-runoff models. The Joint Funding Agreement language is the same as the previous JFA dated October 1, 1996. !V. Consequences of Negative Action: Non approval of the agreement would result in the loss of opportunity to obtain shared data used to predict storm runoff and to design flood control improvements. '_'O A BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: AUGUST 15, 2000 SUBJECT: APPROVE the San Ramon Creak Storm Damage Repair at Alamo Square project and DETERMINE the project is a CEQA Class 1d Categorical Exemption, Alamo area Project No. 7520-689369-00 CDD-CP # 00-48 Specific Requests or Recommendations & Background & Justification 1. RECOMMENDED ACTION: APPROVE the San Ramon Creek Storm Damage Repair at Alamo Square project and, DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 1d Categorical Exemption, and DIRECT the Director of Community Development to file a Notice of Exemption With the County Clerk and, 1 Continued on Attachment: X SIONATUR RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON AUGUST 15, 2000 APPROVED AS RECOMMENDED X OTHER_ I hereby certify that this is a true and correct V�TE OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS (ABSENT IV ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: G:EngSvc\ENVIRO\2000Projects\MaintProjs\SanRamonCra@Alamo AUGUST 15 2000 Square\BoardOrder ATTESTED: Orig.Div: Public Works(Engineering Services Division) PHIL BATCHELOR, Clerk of the Board of Contact: T.Jensen, Maintenance(313-7008) Supervisors and County Administrator cc: Administrator-Attn: E. Kuevor Auditor-Controller Community Development-D. Foley Public Works: Accounting By _QM,-,j Construction L. Chavez, Engineering Services Deputy SUEJ�2CT: APPROVE the San Ramon Creek Storm Damage Repair at Alamo Square project and DETERMINE the project is a CEQA Class 1d Categorical Exemption, Alamo Area. Project No. 7520-689369-00 CDD-CP #00-48 DATE: August 15, 2000 PAGE: 2 RECOMMENDED ACTION (continued): AUTHORIZE the Chief Engineer to arrange for payment of a $25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Exemption. 11. FINANCIAL IMPACT: The estimated project cost is $ 50,000, funded by 100% Zone 3b Ill. REASONS FOR RECOMMENDATIONIBACKGROUND: The project includes the repair of an eroded streambank area with v6getated riprap. It is needed in order to stabilize the streambank. The project has been determined to be in compliance with the General Plan and is exempt from CEQA because it consists of repairing an existing flood control facility. The repair will not result in any expansion of use beyond that previously existing. The project will not result in the removal of any scenic resource. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. CONTRA PUBLIC WORKS DEPARTMENT ' 'COSTA . INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT# 7520-689369-00 CP# 00-48 PROJECT NAME: San Ramon Creek Storm Damage Repair at Alamo Square PREPARED BY: Leigh Cha a DATE: /29/00 APPROVED BY: DATE: , 1 RECOMMENDATIONS: (X) Categorical Exemption (Class 1 d) ( ) Negative Declaration ( ) Environmental Impact Report Required ( ) Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation Is based on the following: The proposed project consists of repairing an existing flood control facility. The repair will not result in any expansion of use beyond that previously existing. The project will not result in the removal of any scenic resource. What changes to the project would mitigate the identified Impacts N/A USGS Quad Sheet Las Trampas Ridge Base Map Sheet# R-15 Parcel#N/A GENERAL CONSIDERATIONS: 1. Location: West Bank of San Ramon Creek,just downstream of the Alamo Square Bridge in the Alamo area (Figures 1,2,3). 2. Project Description: The project consists of repairing bank erosion by excavating and removing unstable soil and replacing it with vegetated rock slope protection (RSP) (Figure 4). The slide has impacted a business parking lot at the top of bank. The parking lot will be repaired as a component of the project. The area to be stabilized is approximately 40' x 60' x 3'. San Ramon Creek is perennial and flows will need to be diverted around the project site. A water diversion system reviewed by the County and approved by the California Department of Fish and Game will be implemented to dewater the construction site. A sediment filter dam will be installed downstream of the project site to minimize sedimentation within the creek as a result of the project. The repair activity will be kept to the minimum necessary to accomplish the repair, and the work site will be kept clear of construction debris. Any alterations to channel grade will be returned to pre- construction conditions at the completion of the project. One non-native pine tree and one non-native bamboo shrub located adjacent to the parking lot may require removal in order to access the site. In addition, two pine tree stumps in the eroded area will require removal. There are several willow trees at the toe of slope. Every effort will be made to retain these willows in place; however,they may require removal. If removal is required, cuttings from the willows will be taken to use in the vegetated riprap repair. Best Management Practices (BMPs)will be utilized throughout the course of the project. These BMPs include installation of Environmentally Sensitive Area (ESA)fencing as the first order of work to clearly define the project limits and area of impact, as well as dewatering of the work site and installation of sediment filter barriers prior to initiation of construction. All stockpiles will be located outside of the streamzone. In addition, fueling and maintaining of equipment will occur at designated staging areas. The work site will be maintained in a clean condition on a daily basis. All bare slopes and vegetated riprap above the ordinary high water mark will be seeded with a mix including native species at the completion of the project. Based on the high level of urbanization, lack of riparian cover, emergent vegetation and deep pools, and the highly modified condition of the trapezoidal earthen channel, the habitat quality for California red-legged frog (Rana aurora draytonii') is poor. These habitat characteristics in addition to the presence of a silty/clayey substrate, and overall absence of suitable spawning and rearing habitat, make this section of San Ramon Creek poor habitat for Coho salmon (Oncorhynchus kisutch), Chinook salmon (Oncorhynchus tshawytscha) and California steelhead (Oncorhynchus mykiss iri#eus). 3. Does it appear that any feature of the project will generate significant public concern? [ ] yes [X] no [] maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [X] yes [] no Agency Name(s) California Department of Fish and Game, California. Regional Water Quality Board and the U.S. Army Corps of Engineers 5. Is the project within the Sphere of Influence of any city? No G.\GrpData\EngSvc\ENVIRO\2004Projects\MaintProjs\SanRamonCr a@Alamosq\cater CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Vying, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510)313-2296 Contact Person:Cece S-ellgren- Public Works Not. Project Description,Common Name(if any)and Location: San Ramon Creek Storm Damage Repair at Alamo Square,County File MCP 04-48 Project Description: The project consists of repairing bank erosion by excavating and removing unstable soil and replacing it with vegetated rock slope protection(RSP)(Figure 4). The slide has impacted a business parking lot at the top of bank. The parking lot will be repaired as a component of the project. The area to be stabilized is approximately 40'x 60'x 3. San Ramon Creek Is perennial and flows will need to be diverted around the project site. A water diversion system reviewed by the County and approved by the California Department of Fish and Game will be implemented to dewater the construction site. A sediment filter dam will be Installed downstream of the project site to minimize sedimentation within the creek as a result of the project. The repair activity will be kept to the minimum necessary to accomplish the repair,and the work site will be kept clear of construction debris. Any alterations to channel grade will be returned to pre-construction conditions at the completion of the project. One non-native pine tree and one non-native bamboo shrub located adjacent to the parking lot may require removal In order to access the site. In addition,two pine tree stumps in the eroded area will require removal.There are several willow trees at the toe of slope. Every effort will be made to retain these willows In place, however,they may require removal. If removal is required,cuttings from the willows will be taken to use in the vegetated dprap repair. Best Management Practices(BMPs)will be utilized throughout the course of the project.These BMPs Include installation of Environmentally Sensitive Area(ESA)fencing as the first order of work to clearly define the project limits and area of Impact,as well as dewatering of the work site and installation of sediment filter barriers prior to initiation of construction. All stockpiles will be located outside of the streamzone. in addition,fueling and maintaining of equipment will occur at designated staging areas. The work site will be maintained in a clean condition on a dally basis. All bare slopes and vegetated riprap above the ordinary high water mark will be seeded with a mix including native species at the completion of the project. Based on the high level of urbanization,lack of riparian cover,emergent vegetation and deep pools,and the highly modified condition of the trapezoidal earthen channel, the habitat quality for California red-legged frog (Rana aurora draytonit)is poor. These habitat characteristics in addition to the presence of a silty/clayey substrate,and overall absence of suitable spawning and rearing habitat, make this section of San Ramon Creek poor habitat for Coho salmon (Oncorhynchus kisutch), Chinook salmon (Oncorhynchus ishawytscha)and California steelhead (Oncorhynchus mykiss irldeus). Project location:The project Is located on the west bank of San Ramon Creek,just downstream of the Alamo Square Bridge in the Alamo Area. This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section_ -,..., Declared Emergency(Sec. 15269(a)) , General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) 7X Categorical Exemption,_Class 1 d for the following reason(s): The project consists of repairing an existing flood control facility. The repair will not result in any expansion of use beyond that previously existing. The project will not result in the removal of any scenic resource. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public works Department 255 Glacier Drive Martinez,CA 94553 Attn: Lelah Chavez County Clerk Fee$50 Due G:\design\enviro12000Projects\MaintPro]\SanRamon@AlamoSglNOE z LJ CTS *lj U ,< CL Z CJ CJ � Q. W W f V) � I � © O C ) > 0z 0 0- 00 d 1-- ` • Li z w ij o. I-- c 0 r- cn w (� W LAJ , 0 CL U)m z ° �g `�„�✓• _ U C ���x d �. � �� Yy�" `4. Fit✓ '.i`'� e' 1 � a .��� s...`k�, C'i�^.` .�tkq�"t�. xY! .�,• �Y'fi .. 'P tj k �,�?�� xy �' t i�'�c��s� �,7�� ^r ,� ,� �� a• yam, b ltd"' t y u v. � ^�; "s� �'}stib •�e �k.�� r� t _..�. `�, *,�rt�•. �'�¢y tj•:�5.1'Y""'kYAy T#$_'?1";( `�,.ri � t.�tKt ��l• 1.*, f `' 'S�..Y r :,�Y�t, f.^� �'}Y` T ��"� xY s'.} r s. ,�1,� ✓. �s `'�"J• �r lye y ♦ �* r r + r rr �, iH ✓r rr' t i l `qi r,. �1' r'rrr✓r , iRy✓RY's ,.',ii ,iRr j �p• + yy S lI I�r�r JJ ,fr/rrrrr s li Iririr', i Ii,f i r° , 4• • rs, irrr '° + + r� r� ,r rr ,sr,+rr r �f i•, tt t4 s 1 N + w� } t r+y f M T t S YF S a 7 R j s !� FF i 7 t• J � a M + + F .4 A L .f q; ww J J7 • � y Js + + r J6' �+ RP iR Rt W 7N1 X7a R 9. d w Y'► va 9 CC 4 •,r pf OJX S~�k E WW b b T-0 +`S y if1 wlz. 13 -4 .o E`tI& ,-: TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: AUGUST 15, 2000 SUBJECT: WAIVER OF CONFLICT OF INTEREST SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE the Contra Costa Clean Water Program's Manager, or designee, to execute a waiver of conflict of interest and allow the law firm approved by the Program's Management Committee to represent the Contra Costa Clean Water Program and its component public agencies as to the National Pollutant Discharge Elimination System (NPDES) Permit appeals pending before the State Water Resources Control Board. (Countywide). II. Financial Impact: Legal expenditures are not expected to exceed $30,000 for these appeal proceedings. The cost will be borne on a pro-rata by the County, its nineteen (19) incorporated cities and Contra Costa County Flood Control &Water Conservation District who constitute the Contra Costa Clean Water Program. A provision has been made in the Contra Costa Clean Water's 2000/2001 fiscal year budget for these activities. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON AUGUST 151,- 2000 APPROVED AS RECOMMENDED X OTHER_ I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS X UNANIMOUS (ABSENT IV ) ATTESTED: AUGUST 15, 2000 AYES: NOES: PHIL BATCHELOR, Clerk of the Board ABSENT: ABSTAIN: of Supervisors and County Administrator G:\GrpData\NPDES\BO Res Contracts_Agmt\B0conflictwaiver81500.doc Orig.Div: Contra Costa Clean Water Program Contact: Donald Freltas (313.2373) CAO B j/y ' Deputy p y County Counsel a SUBJECT: AUTHORIZE the Contra Costa Clean Water Program's Manager, or designee, to execute a waiver of conflict of interest and allow the law firm approved by the Program's Management Committee to represent the Contra Costa Clean Water Program and its component public agencies as to the National Pollutant Discharge Elimination System (NPDES) Permit appeals pending before the State Water Resources Control Board. (Countywide). DATE: August 15, 2000 PAGE 2 111. Reasons for Recommendations and Background: The United States Environmental Protection Agency (EPA) promulgated rules under the Federal Clean Water Act mandating regulations under the National Pollutant Discharge Elimination System (NPDES) Permit process for stormwater discharges associated with urban runoff on November 16, 1090. As a result of these requirements, Contra Costa County, its incorporated cities and the Contra Costa County Flood Control & Water Conservation District created the Contra Costa Clean Water Program. The primary purpose of the Contra Costa Clean Water Program is to implement "Best Management Practices" (BMPs) as pollution prevention activities throughout the County. The State Water Resources Control Board's San Francisco Bay Regional Water Quality Control Board issued its first five (5) year Joint Municipal NPDES Permit in 1993; and, reissued its second Joint Municipal NPDES Permit in July, 1999. San Francisco Baykeeper and "Just Economics for Environmental Health" challenged the Program's 1999 reissued Joint Municipal NPDES Permit. The State Water Resources Control Board has notified the Contra Costa Clean Water Program that the petitions were filed and the administrative appeal procedures are now underway. Legal representation is necessary to protect the Program's interests. The Contra Costa County City Attorneys' Association created an ad hoc committee focused specifically on Program issues. The Ad Hoc Committee includes the City Attorneys for Antioch, San Pablo and Walnut Creek. These attorneys will be recommending legal representation for the Program. The Program's Management Committee, which is its decision-making body, will base their approval on their recommendation. In order to contract with a law firm, a waiver of any potential conflict of interest in connection with such employment needs to be signed. Signing the waiver of conflict of interest will allow the selected firm to contract with the Program in time to meet the State appeals response deadline of September 13, 2000. IV. Consequences of Negative Action: Without the Board's authorization, the waiver of conflict of interest cannot be signed; and, the State's appeal response deadline of September 13, 2000 will not be met. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: AUGUST 15, 2000 SUBJECT: BUCHANAN FIELD AIRPORT—CONSENT TO ASSIGNMENT OF COUNTY'S LEASE WITH SERVICO CONCORD, INC. FOR THE SHERATON CONCORD HOTEL TO WB CONCORD, LLC SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or his designee, to EXECUTE, on behalf of the County, a Consent and Agreement of Lessor, and any other documents related to the sale of the Sheraton Concord Hotel or to the assignment of the County's lease with Servico Concord, Inc. for the Sheraton Concord Hotel, and to the Tenant's leasehold encumbrance therefore, subject to review by County Counsel. H. Financial Impact: There will be no financial impact from this action. County's lease with the Tenant provides that Tenant will reimburse County for all of County's staff time spent in considering this matter. Continued on Attachment. X StGNATU : RECIM MEN DT 1171N 0 U N f Y AlkVIIN P I KA RECOMMENDATION OF BOARD CO TEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON AUGUST 15, 200 PPROVED AS RECOMMENDED_X_OTHER VOTE OF SUPERVISORS Ty ; ___2L UNANIMOUS(ABSENT— o AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an DLM:DA:kd action taken and entered on the minutes of the Board 110/13015d.doc of Supervisors on the date shown. Orig.Div: Public Works(Airports Division) Contact: (Dick Awenius 313-2227) cc: County Administrator ATTESTED: AUGUST 15, 2000 Public Works Director Public Works Accounting PHIL BATCHELOR, Clerk of the Board of Supervisors Auditor/Controller and County Administrator Federal Aviation Administration Aviation Advisory Committee Servico Concord,Inc. By Deputy SUBJECT: BUCHANAN FIELD AIRPORT—CONSENT TO ASSIGNMENT OF COUNTY'S LEASE WITH SERVICO CONCORD, INC. FOR THE SHERATON CONCORD HOTEL TO WB CONCORD, LLC DATE: AUGUST 15, 2000 PAGE 2 Ill. Reasons for Recommendations and Background: County owns the land underlying the Concord Sheraton Hotel (Hotel), and leases that land to Servico Concord, Inc. (Servico) for Servico's ownership and operation of the Hotel. Servico now desires to sell the Hotel, and to assign its lease with County to WB Concord, LLC, a Delaware limited liability company (WB). WB intends to encumber its leasehold interest with a loan from Salomon Brothers Realty Corp., which leasehold encumbrance will not be effective without County's consent. Neither party desires to materially alter any term of the lease. County Counsel will review all documents before they are executed. IV. Consequences of Negative Action: County will not execute the Consent and Agreement of Lessor, or any other documents related to the assignment or encumbrance of the Sheraton Concord Hotel.