Loading...
HomeMy WebLinkAboutMINUTES - 01202004 - C1-C4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 20, 2004 by the following vote: 01 / AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/44 SUBJECT: Ratify prior decision of the Public Forks Director to fully close a portion of Bixler Road (between Balfour Road & Point of Timber) for 15 working days beginning December 29ffi- 31s`, 2003 &January 5"-20t',2004 from 7:00am through 4:30pm, for the purpose of installing underground utilities for Subdivision 5570 in conjunction with RA 1121, Byron area. (District M) RC-03-21 The Public Works Director having reported that prior approval has been granted to Hofmann Land Development to fully close Bixler Road, except for emergency traffic, for 15 working days beginning December 29 --31", 2003 &January 5h—20ffi, 2004, for the period of7:00am through 4:30pm, subject to the following conditions: 1. Traffic will be detoured via neighboring street per plan reviewed by Public Works. 2. All signing to be in accordance with the State of California:Manual of Traffic Controls. 3. Hofmann Development Company shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Have on file with the County Public Works Department at the Application and Permit Center a Certificate of Insurance in the amount of$1,000,000 for Comprehensive General Public Liability which names the County as an additional insured. 5. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol and the Fire District. IT IS BY THE BOARD RESOLVED that the action taken by the Public Works Director is approved. 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. RH:rm G:\CirpData\EngSvc\130\2004\01-20-04\RC-03-21 BO.doc Originator:Public Works(APQ ATTESTED: JANUARY 20, 2004 Contact: Bob Hendry(335-1375) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: CHP County Administrator Sheriff-Patrol Div.Comrnander By -� ,Deputy RESOLUTION NO.2004/ 44 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 20, 2004 SUBJECT: DETERMINE that the Bales Drive/Mountain View Boulevard Intersection Realignment project is a California Environmental Quality Act (CEQA) Class 1 Categorical Exemption; APPROVE the project and AUTHORIZE the Public Works Director or designee to advertise the project, Walnut Creek area. [CDD-CP#03-63] (District III) Project No. 0662-684012' Speci is Request(s)or eccsrnmendation(s)&Background&Justification L RECOMMENDED ACTION: DETERMINE that the Bales Drive/Mountain View Boulevard IntersectionRealignment project is a California Environmental Quality Act (CEQA) Class 1 Categorical Exemption, and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk,and AUTHORIZE the Public Works Director 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, and APPROVE the project, and AUTHORIZE the Public Works Director or designee to advertise the project. 3' • r s ' Continued on Attachment; k SIGNATURE. COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMI'T'TEE 4ZAPPROVE OTHER SIGNATURE (S): ACTION OF BO ON JANUARY 20, 2004 APPROVED AS RECOMMENDED X OTHER. VOTE OF SUPERVISORS Xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: _ ABSTAIN: I hereby certify that this is a true and correct copy of an T r:sr action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\ENVIRO\BO\2004\ Supervisors on the date shown. (01-20-04)CEQA-Bales Dr.-MtView Blvd IntersecRealign.doc Orig.Div: Public Works(Transportation) JANUARY 20 2004 Contact: Cece Sellgren(313-2296) ATTESTED: s cc: Administrator-Attu: E.Kuevor JOHN SWEETEN,Cleric of the Board of Supervisors and Auditor-Controller County Administrator Community Development—K.Piona Public Works: Accounting Construction -P.Edwards By �,Deputy Design. -S.Torchia Eng.Serv. -T.Torres SUBJECT: DETERMINE that the Bales Drive/Mountain View Boulevard.Intersection Realignment project is a California Environmental Quality Act (CEQA) Class 1 Categorical Exemption; APPROVE the project and AUTHORIZE the Public Works Director or designee to advertise the project, Walnut Creek area. [CDD-CP#03-631 (District III) Project No. 4662-684012' DATE: January 20, 2004 PACE: 2 II, FISCAL IMPACT: There is no impact to the County General Fund. The estimated project cost is$178,000, funded byArea of Benefit funds(100%). IIL REASONS FOR RECOMMENDATION/BACKGROUND: The project is located in the central county area on Bales Drive at Mountain View Boulevard in the unincorporated area of Walnut Creek. The purpose of this project is to realign the intersection at Bales Drive and Mountain View Boulevard to provide safe access onto Bales Drive from Mountain View Boulevard. Currently,the intersection has an acute angle,which makes the intersection less than optimal for drivers. There are no stop signs on Mountain View Boulevard,thus allowing drivers to make turns at nearly full speed onto Bales Drive. The realignment would include the installationn of a'TT-intersection to encourage traffic to slow down in order to make a turn onto Bales Drive. The project consists of the operation,repair,maintenance or minor alteration of existing facilities involving no expansion of use beyond that 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 # 0662-684012 CP# t13-63 PROJECT NAME: Bales Drive/Mountain View Boulevard Intersection ReaLtg,tment PREPARED BY: Trina Torres M91 DATE: December 9, 2003 APPROVED BY: DATE; 12--36- 03 RECOMMENDATIONS: ( X ) Categorical Exemption (Class I ) 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 project consists of the operation,repair, maintenance or minor alteration of existing facilities involving no expansion of use beyond that existing. The project will not result in the removal of any scenic resource. � 4 What changes to the project would mitigate the identified impacts N/A USGS Quad Sheet Wlalnut Creek Base Map Sheet # 1'-13 Parcel #N/�1 GENERAL CONSIDERATIONS: 1. Location: The project is located in the central county area on Bales Drive at Mountain View Boulevard in the unincorporated area of Walnut Creek. (Figures 1-3) 2. Project Description: The purpose of this project is to realign the intersection at Bales Dr. and Mountain View Blvd. to provide safe access onto Bales Dr.from Mountain View Blvd. Currently,the intersection has an acute angle, which makes the intersection less than optimal for drivers. There are no step signs on Mountain View Blvd, thus allowing drivers to make turns at nearly full speed onto Bales Dr. The realignment would include the installation of a T-intersection to encourage traffic to slow clown in order to make a turn onto Bales Dr. The project consists of road excavation and widening, installing asphalt concrete(AC)paving(approx. 920 sq.ft.), storm drain pipes (approx. 24-inch by 150 ft.; 18-inch by 12 ft.), inlets,and other drainage improvements, adjusting utilities, manholes, drainage inlets, and mailboxes, conforming driveways, backfilling and grading to conform,re-striping the road,installing stop signs and turn lanes. A retaining wall (approx. 1 ft. by 60 ft.)will be installed on the north side of Mountain View Blvd., approximately 50 feet west of Bales Dr. During construction, one lane will remain open at all times. In order to minimize damage to trees,any roots exposed during excavation will be cut cleanly and tree branches and shrubbery may need trimming throughout the project. Deal property transactions,including right- of-way acquisition may be necessary in Support of this project. 3. Goes it appear that any feature of the project will generate significant public concern? [l yes [Xj no [l maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [ j YES [X] NO Agency Name(s) 5. Is the project within the Sphere of Influence of any city? Yes -Walnut geek rr G:\GrpData\EngSvc\ENVIR,^.,\2003 ProjectslCEQA\CatEX\Bales-MtView IntersecRea€ign.doc (Wage 1 of 1) CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Fine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sell rc�en Public Works Dept. Project Description, Common Name (if any) and Location: Bales D ve Mountain View Boulevard Intersection.I;iealrgnment, County File CP# 03-63. Project Description: The purpose of this project is to realign the intersection at Bales Dr. and Mountain View Blvd.to provide safe access onto Bales Dr.from Mountain View Blvd. Currently,the intersection has an acute angle,which makes the intersection less than optimal for drivers. There are no stop signs on Mountain View Blvd, thus allowing drivers to make turns at nearly full speed onto Bales Dr. The realignment would include the installation of a T-intersection to encourage traffic to slow down in order to make a turn onto BalesDr. The project consists of road excavation and widening,installing asphalt concrete(AC)paving(approx.920 sq. ft.),storm drain pipes(approx.24-inch by 150 ft.; 18-inch by 12 ft.),inlets,and other drainage improvements, adjusting utilities,manholes,drainage inlets,and mailboxes,conforming driveways,backfilling and grading to conform, re-striping the road, installing stop signs and tum lanes. A retaining wall (approx. 1 ft. by 60 ft.)will be installed on the north side of Mountain View Blvd., approximately 50 feet west of Bales Dr. During construction,one lane will remain open at all times. In order to minimize damage to trees,any roots exposed during excavation will be cut cleanly and tree branches and shrubbery may need trimming throughout the project. Real property transactions, including right-of-way acquisition may be necessary in support of this project. Proj. Locations The project is located in the central county area on Bales Drive at Mountain View Boulevard in the unincorporated area of Walnut Creek. 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)) ✓ Categorical Exemption, Class 1 for the following reason(s):The project consists of the operation,repair,maintenance or minor alteration of existing facilities involving no expansion of use beyond that 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: Trina Torres County Clerk Fee $50 Due G:1,GrpData\EngSvc\ENVIR0\2043 Projects\CEQA\N0E\Ba1es-MtView IntersecRealign.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Fine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren'- Public Works Dept. Project Description, Common Name (if any) and Location: Bales Dt vell ountar'n View Boulevard Intersection.,ReaHgnment, County File QP# 03-63 Project Description: The purpose of this project is to realign the intersection at Bales Dr. and Mountain View Blvd.to provide safe access onto Bales Dr.from Mountain View Blvd. Currently,the intersection has an acute angle,which mares the intersection less than optimal for drivers. There are no stop signs on Mountain View Blvd, thus allowing drivers to make turns at nearly full speed onto Bales Dr. The realignment would include the installation of a T-intersection to encourage traffic to slow down in order to make a turn onto BalesDr. The project consists of road excavation and widening,installing asphalt concrete(AC)paving(approx.920 sq. ft.),storm drain pipes(approx.24-inch by 150 ft.; 18-inch by 12 ft.),inlets,and other drainage improvements, adjusting utilities,manholes,drainage inlets,and mailboxes,conforming driveways,backfilling and grading to conform, re-striping the road, installing stop signs and turn lanes. A retaining wall (approx. 1 ft. by 60 ft.)will be installed on the north side of Mountain view Blvd., approximately 50 feet west of Bales Car. During construction,one lane will remain open at all times. In order to minimize damage to trees,any roots exposed during excavation will be cut cleanly and tree branches and shrubbery may need trimming throughout the project. Real property transactions, including right-of-way acquisition may be necessary in support of this project. Proj. Location: The project is located in the central county area on Bales Drive at Mountain View Boulevard in the unincorporated area of Walnut Creek. 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)) +� Categorical Exemption, Class_fr for the following reason(s):The project consists of the operation,repair,maintenance or minor alteration of existing facilities involving;no expansion of use beyond that existing;. The project will not result in the removal of any scenic resource. Bate: By:_LL� 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: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVIR0\2003 Projects\CEQA\N0E\13a€es-MtView IntersecRealign.doe l J Y 00 Y' Vy.�l / b t O l t ODO 10 ;z- Do b D r F- 00 o 0 � rTl � I l A'"""*.+tU i'4Arwww ns.oe� ,g ar RerR tt..wed+ 4 g � Rw�lr �il'yer A�iMI 'tA ax � • +R� nrR iR Meo� a A.- '+e � ���t��� � � �� �►.. w .e, . 'fir py @� �"_�� � '4 aalw W.'f'die 4F �- w"" :+t '� .� *■ „w^ r OR � � t �ij�!!#tarif��3�F• A1tI{J►!l �y"h"` ++t` a�it ��. rf��a ¢'�,a"`o ,� t w R � ` ,!",R <� :!!a a !f,�Y,�;�..liiti�an'r"'"�'�►>�� � 6##� b^�� s e �i�� , &,.'�se s«►! ��. # ..of �.r4.a♦ �A `" # '�"�-'-�` i ���>!e•�� # r � WE l�°' Vl�.�'���,� g 4A-� rwak c�' • ��*s�� . fir��� KIM- 70r. -0112 rt�► ��aa 6 ¢iso � �n� 4i��'"�`"s����`+►I'+4� �,' R Q'��+$" �• �,r� '' y4.�' �'�a ���se,�. ���4i► ► r-. NIS, NU R Ne , '�� «� ■�,��lip �,��*'�l,�� � �° „t r���► ;�� �" k OE ,b Aer#r ilt re4♦ � Ia 3: �r4A1t�' ��+.." �e��`�'.S� TJ►/" � ���� 'OUB►���J i ' � � .,y�'�al► "44►k,�'*{*�,�t*'�,ir,�° �I�., ''�' 1I�� '� ass , ply ��T ,q"l�,r � �evt�,r'l, ��Q�'°��� �> �`���; ► 1 '1�1} .. '�,�. ♦ :. +moi►` ,fit, '+l+► ��� � #'` ,� �►. + �. 21114 ,�,�►�� # '��„ n'* �,ri►�►�r �,�r 'Ir.a. �i � +w ,� A1M h 11 M.v + w.�► 4 ` '� lipsettircflrew 1�l tit ti enxn � R ��r,si�'a6S� ^� " &'AAS p�4 � •„� ,per '” $ .� ��6$a'•" �4#!A9 4F r G� CCS C�J TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 20, 2004 SUBJECT: APPROVE Amendment No.1 to the Consulting Services Agreement with Nolte Associates Inc. Project No.:0676-6P4118-03 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Amendment No.1 to the Consulting Services Agreement with Nolte Associates Inc., modifying the effective date to November 28, 2003 ending March 31, 2005 and to increase the payment limit by$75,000 to a new payment limit of$375,000 to modify the scope of work and to provide engineering analysis and recommendations for potential safety improvements along Vasco Road, Brentwood area. ,,., . ECOMMENDATION OF COUNTY ADMINISTRATOR $ _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER. SIGNATURE S d ACTION OF BOAT N JANUARY 20, 200APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an VOTE OF SUPERVISORS action taken and entered on the minutes of the Board xx UNANIMOUS (ABSENT NONE ) of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: BF:Je G:1GrpDatalTrensEn912004180-TE1$0 Vasco Rd-Nolte lst emend.doc ATTESTED:. JANUARY 20,_ 2 004 Orig Div: Public Warks(Transportation Division) John Sweeten, Clerk of the Board of Supervisors and Contact: Sill Fernandez 313.2284 cc: E.Kuevor,CAO County Administrator Auditor-Controller Community Development PW Accounting Construction By , Deputy SUBJECT: APPROVE Amendment No.1 to the Consulting Services Agreement with Nolte Associates Inc. Project No.:0676-6P4118-03 GATE: January 20, 2004 PAGE: 2 H. Financiallmpact: This contract amendment allows for an additional $75,000 above the previously approved contract for$300,000, to be funded with Road Funds. 111. Reasons for Recommendations and Background: Vasco Road has been the source of much controversy and scrutiny regarding perceived safety issues. Nolte Associates has been hired to impartially review and assess the existing road geometry and mare recommendations and produce cost estimates for potential safety improvements. IV. Consequences of Negative Action: If the amendment is not approved, the project will be delayed. THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA ef� Adopted this Resolution on January 20, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 45 Deerings Water Cade,Uncodified Acts Act 1656 § 31 Wests Water Code,Appendix 64-31 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2004/ 4 5 approving and authorizing the conveyance of a Grant of Easement to the Walnut Creek School District for a pedestrian bridge. Project No. 7505-6178356 CDD-CP#0 1-3 8 Walnut Creek Area The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: Contra Costa County Flood Control and Water Conservation District acquired certain real property by deed recorded on January 21, 1970, in Book 6049 at page 379, in the Walnut Creek area. The Walnut Creek School District has requested an easement over a portion of said property,described in Exhibit"A"attached hereto,for a pedestrian bridge.This Board FINDS that the conveyance of such easement is in the public interest and Will not substantially conflict or interfere with the District's use of the property. The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act under State CEQA Guidelines, Section 15061(b)(3), and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerkand DIRECTS the Public Works Director to arrange for payment of the$25.00 handling fee to the County Clerk for filing and a$25.00 fee to Community Development for processing of the Notice of Exemption. This activity has been found to conform to the General Plan of the City of Walnut Creek. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to the Walnut Creek School District over the property described in Exhibit".A"attached hereto,pursuant to the above-referenced statutory authorities,and the Chair,Board of Supervisors,is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration for a processing fee in the amount of$2,500. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. ODR:eh I hereby certify that this is a true and correct G:\GrpData\RealPmp\2004-Files\BOS&RES\BR27A Ped bridgeWC.doc copy of an action taken and entered on the ContWept.: Public Works olds minutes of the Board of Supervisors on the Contact: Olivia D.Reynolds (313-2306) p cc: Public Works Accounting date shown. Public Works Records PW Engineering Services,T.Torres(via RIP) Grantee(via R/P) ATTESTED: JANUARY 20, 2004 Recorder(via R/P) JOHN SWEETEN,Clerk of the Board of Community Development Supervisors and County Administrator Board Orders Clerk Specialist,Adm. By Deputy RESOLUTION NO. 2004/45 ..DETERMINATION THAT AN ACTI'L. . IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PILE NO.: 7505-6F8356 CP NO.: 01-38 ACTIVITY NAME: Walnut Creek Channel Pedestrian Bridge Easement ©ATE: August 2, 2001 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY. The activity consists of granting a 20' by 52" easement that extends over a portion of Contra Costa County Flood Control and Water Conservation District (F.C. District)property, identified as the Walnut Creek Channel. The Walnut Creek School District is requesting an easement from the F.C. District in order to build a pedestrian bridge. As a condition of granting the easement, the F.C. District may remove the pedestrian bridge in the event it becomes damaged and/or impairs the channel or floodway capacity. The activity is located at the Walnut Creek Intermediate School on Walnut Boulevard in the City of Walnut Creek(Figs. 2-3). 'The easement will extend from the west side of the channel over the channel to the east side. The Walnut Creek School District will be responsible for obtaining CEQA compliance forthe actual work being done. General Plan Conformance from the City of Walnut Creek will be obtained. LOCATION: The property is located in the central county area, in the City of Walnut Creek (Figures 1-3). REVIEWED BY: DATE: D( Leig haven Planner III APPROVED BY: DATE: Community Development Representative G:\GrpData\EngSvc\ENVlR0t200' projects\CEQA only\Det.ExemptMalnut Crk Channel Ped-Bridge Easernent.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor -North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location Walnut Creek Channel Pedestrian Bridge Easement, County File#CP 01-38. project Description,The activity consists of granting a 20' by 52' easement that extends over a portion of Contra Costa County Flood Control and Water Conservation District (F.C. District) property, identified as the Walnut Creek Channel. The Walnut Creep School District is requesting an easement from the F.C. District in order to build a pedestrian bridge. As a condition of granting the easement, the F.C. District may remove the pedestrian bridge in the event it becomes damaged and/or impairs the channel or floodway capacity. The activity is located at the Walnut Creek Intermediate School on Walnut Boulevard in the City of Walnut Creek(Figs. 2-3). The easement will extend from the west side of the channel over the channel to the east side. The Walnut Creek School District will be responsible for obtaining CEQA compliance for the actual work being done. General Plan Conformance from the City of Walnut Creek will be obtained. Project Location; The property is located in the central county area, in the City of Walnut Creek (Figures 1-3). This project is exempt from CE0A 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)) Categorical Exemption for the fallowing reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on l received and posted this notice as required by California Public Resources Cade 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: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVlR0\2001 projects\CEQA only\N0E\Walnut Crk Channel Ped-Bridge Easement.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT A. . tice of Exemption Contra Costa County Community Development Department 651 Pine Street,4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 393-2296 Contact Person:Cece Sell ren - Public Works Dept. Project Description, Common Dame (if any) and Location Walnut Creek Channel Pedestrian Bridge Easement, County File#CP Q1-38. Project Description;The activity consists of granting a 20' by 52' easement that extends over a portion of Contra Costa County Flood Control and Water Conservation District(F.C. District) property, identified as the Walnut Creek Channel. The Walnut Creek School District is requesting an easement from the F.C. District in order to build a pedestrian bridge. As a condition of granting the easement, the F.C. District may remove the pedestrian bridge in the event it becomes damaged and/or impairs the channel or floodway capacity. The activity is located at the Walnut Creek Intermediate School on Walnut Boulevard in the City of Walnut Creek(Figs.2-3). The easement will extend from the west side of the channel over the channel to the east side. The Walnut Creek School District will be responsible for obtaining CEQA compliance for the actual work being done. General Plan Conformance from the City of Walnut Creek will be obtained. Project Location; The property is located in the central county area, in the City of Walnut Creek (Figures 9-3). 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)) Categorical Exemption for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. 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 Cade Section 21152(c). Said notice will remain pasted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Chive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVIR0\2001 projects\CEQA only\NOE\Walnut Crk Channel Ped-bridge Easernent.doc C7 S -C} a f-n r 1 f = n a Cri €� --, 0000 net a o. -;o C-4 14 S � S T}�o�as gr°Seta S ks VD ��y}� fS � 1 s CAA LIFFE LN `�. to '®" •��� � M "_°' � �� C I R ,t W:4 o� AV � f sj�1ARt± 'tai, ' �SOr� ' • 43a y " ems' All in 'gf > ' i� SISKIYO& c 1 �--`".--- CS t A • 0` W - US Cn 9, l y i ol a arm •.- d . act i D,+.��� e� �• d ''' y r•Y X '�� � �" We so V •1 hV EXHIBIT "A" Recorded at the request of. Walnut Creek School District After recording return to: Walnut Creek School District 960 Ygnacio Valley Rd. Walnut Creek, CA 94596 Attention: Rich Lowell A.P.N. 173-161-012 Walnut Creek Channel GRANT OF EASEMENT For good and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, (hereinafter "DISTRICT"), hereby grants to the Walnut Creek School District,a public entity(hereinafter"GRANTEE"), a nonexclusive right to a perpetual easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using a bridge for pedestrian purposes and incidents thereto across the Walnut Creek Channel, and appurtenances thereto, and for no other purposes whatsoever, along, and in all of the hereinafter described parcel of land situated in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A"AND "B" The foregoing grant is made subject to the following terms and conditions: 1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this easement (hereinafter the "Property") is for pedestrian' bridge crossing purposes. GRANTEE acknowledges and agrees that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this Grant of Easement are secondary and subordinate to the primary use of the Property by the DISTRICT, its successors and assigns.' GRANTEE shall not, at any time, use or permit the public to use the easement area in any manner that will interfere with or impair the DISTRICT's primary use of the Property. GRANTEE shall not fence said easement without the prior written approval of the DISTRICT, and shall remove any fencing when requested by DISTRICT to do so. GRANTEE shall not otherwise obstruct the easement area. 2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the Property and agrees never to assail or resist said title. 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the easement area, submit specific plans and specifications to the DISTRICT for review and approval. Such approval, together with any additional requirements to be in the form of a written permit issued by DISTRICT to GRANTEE. (b) Normal maintenance by GRANTEE of its facilities within the easement area, including inspection and cleaning of existing bridge, shall not require prior notice to the DISTRICT. GRANTEE shall perform maintenance of its facilities so as to prevent damage to the site. 4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES: DISTRICT reserves the right to require GRANTEE to modify its facilities,to relocate said facilities within the easement area or, at DISTRICT's sole discretion,to remove its facilities from the easement area at GRANTEE's sole expense. In the event that GRANTEE fails to commence the required work within thirty days after being directed to do so by DISTRICT, or such reasonable extension as DISTRICT may agree to in writing, or fails to complete the required work within a'time specified by DISTRICT, DISTRICT may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are removed from the current easement area GRANTEE shall promptly quitclaim to DISTRICT its interest in the vacated easement area. 5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities, landscaping or other improvements, removed or damaged as a result of the use of the easement area by GRANTEE, or any other person or entity acting under GRANTEE's direction or control, shall, at DISTRICT's discretion and direction, be repaired or replaced by DISTRICT, with all reasonable costs and expenses to be paid by GRANTEE (including but not limited to engineering costs and legal costs of collecting any unpaid expenses)or shall be repaired or replaced by GRANTEE, at the sole cost and expense of GRANTEE, equivalent to or better than their existing condition. In the event that GRANTEE fails to commence the required work within thirty days after being directed to do so by DISTRICT,or such reasonable extension as DISTRICT may agree to in writing,or fails to complete the required work within a reasonable time thereafter, DISTRICT may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 6. DAMAGE TO GRANTEE'S FACILITIES. DISTRICT shall have no responsibility for the protection, maintenance, damage to, or removal of GRANTEE's facilities, appurtenances or improvements,caused by or resulting from DISTRICT's use of the Property or work or operation thereon. It shall be the sole responsibility of the GRANTEE to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, if GRANTEE's properly marked, protected and maintained facilities are damaged by the sole, active negligence or willful misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cost and 2 expense or, at the discretion of and upon written notice from DISTRICT, the damage shall be repaired by GRANTEE and the pre-approved reasonable cost of such repair shall be paid for by DISTRICT. Under no circumstance shall DISTRICT have any liability to GRANTEE orto any other person or entity,for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to, any damage or destruction of any portion of the GRANTEE's facilities. GRANTEE hereby acknowledges that its sole remedy for any damage to or destruction of any portion of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable under this Grant of Easement, shall be to require DISTRICT to repair or replace the damaged or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. 7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non- exclusive. This easement is subject and subordinate to all existing rights, rights of way, licenses, reservations, franchises and easements of record, or that would be evident from a physical inspection or accurate survey of the Property, in and to the Property. DISTRICT shall have the right to require GRANTEE to modify, remove or relocate its facility within the easement area or to a similar easement to be granted to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate the DISTRICT's, or any other existing user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by Section 4 of this easement, including the rights and remedies contained therein. GRANTEE agrees to take all precautions required to avoid damage to the facilities of the existing users. If GRANTEE damages the facilities or improvements of any existing user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall be construed to prevent DISTRICT from granting other easements, franchises, licenses or rights of way over said lands, provided however, that said subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights hereunder. 8. INDEMNIFICATION,ASIS CONDITION OF PROPERTY: (a) In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with GRANTEE's use of the Property. GRANTEE shall indemnify, defend, save, protect and hold harmless, DISTRICT, its officers, agents, employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and unforeseeable consequential damages),liability,claims,suits,demands,judgments, orders, costs, fines, penalties or expense of whatever character, including but not limited to those relating to inverse condemnation, and including attorneys' fees, (hereinafter collectively referred to as "Liabilities")to persons or property, direct or consequential, directly or indirectly contributed to or caused by the granting of this easement, GRANTEE's operations,acts or omissions pursuant to this easement,or the GRANTEE's use of the easement, save and except Liabilities arising through 3 the sole negligence or sole willful misconduct of the DISTRICT, its officers or employees. GRANTEE acknowledges that Property subject to this easement is in a flood control area. GRANTEE agrees that GRANTEE shall never have, claim or assert any right or action against DISTRICT or the County of Contra Costa in the event of damage to or disruption of GRANTEE's facilities caused or contributed to by flooding or water, and shall indemnify, defend, save, protect and hold DISTRICT harmless from all Liabilities resulting from such damage or disruption. b. GRANTEE further agrees to defend, indemnify,save, protect and hold harmless, DISTRICT from any and all actual or threatened claims, costs, actions or proceedings to attack, set aside, void, abrogate or annul this grant of easement or any act or approval of DISTRICT related thereto. c. GRANTEE accepts the easement area in an "as is" physicalcondition, with no warranty, guarantee, representation or liability,express or implied on the part of the DISTRICT as to any matter, including but not limited to the physical condition of the Property and/or the condition and/or possible uses of the land or'any improvements thereon, the condition of the soil or the geology of the soil, the condition of the air, surface water or groundwater, the presence of known and unknown faults, the presence of any hazardous substance, materials, or other kinds of contamination or pollutants of any kind in the air, soil,groundwater or surface water, or the suitability of the Property for the construction and use of the improvements',thereon. It shall be the sole responsibility of GRANTEE, at its sole cost and expense,to investigate and determine the suitability of the soil, water, geologic, environmental and seismic conditions of the Property for the intended use contemplated herein, and to determine and comply with all building, planning and zoning regulations relative to the Property and -the uses to which it can be put. GRANTEE relies solely on GRANTEE's own judgment, experience and investigations as to the present and future condition of the Property or its suitability for GRANTEE's intended use and is not relying in any manner on any representation or warranty by DISTRICT. GRANTEE agrees that neither GRANTEE, its heirs,successors or assign shall ever claim have or assert any right or action against DISTRICT for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Property at the commencement of the easement or from the release of any hazardous substance in,on or around any part of the Property or in the soil, water, subsurface strata or ambient'air by any person or entity other than the DISTRICT following the commencement'of this easement. As used herein, "hazardous substance" means any substance, 'material or waste which is or may become designated, classified or regulated as being "toxic," "hazardous" or a "pollutant" under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way to restrict the right of GRANTEE to seek contribution or indemnity from any person or entity other than DISTRICT whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the Property. 4 d. To the extent permitted by law,GRANTEE shall indemnify,defend,save,protect and hold the DISTRICT harmless from and against any and all claims, demands, Liabilities, expenses (including without limitation attorneys fees and consultants fees), penalties,damages,consequential damages and losses,and costs(including but not limited to the costs of any required or necessary testing,remediation,repair, removal, cleanup or detoxification of the Property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of the easement), of any kind or nature, to the extent caused or contributed to by GRANTEE's operation or performance under this easement, or GRANTEE's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials(including petroleum)as a result of GRANTEE's construction, reconstruction,maintenance,use,replacement, or removal of its facilities, to the extent that such activities increase the costs attributable to the cleanup or remediation of such hazardous materials. e. The obligations contained in this section shall survive the expiration or other termination of this easement. 9. NO WARRANTIES: GRANTEE understands and acknowledges that DISTRICT makes no representations, warranties or guarantees of any kind or character, express or implied,with respect to the Property, and GRANTEE is entering into this transaction without relying in any manner on any such representation orwarranty by DISTRICT. 10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein continuously for a period of one year, or in the event GRANTEE abandons its facilities or fails to use the easement for the purpose for which it is granted, then all rights of GRANTEE in and to said lands shall thereupon cease and terminate and shall immediately revert to and vest in DISTRICT or its successors. Upon any such termination of GRANTEE's rights,GRANTEE shall, upon request by DISTRICT,and at GRANTEE's sole cost and expense, remove all of its facilities from the easement area and restore said Property to its original condition. Upon the failure of GRANTEE to do so, this work may be performed by DISTRICT at GRANTEE's expense, which expense GRANTEE agrees to pay to DISTRICT upon demand. GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in this regard. 11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of DISTRICT. 12. NO SECONDARY FIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of DISTRICT's adjacent lands lying outside of the aforesaid strip of land above described. 5 13. ENTIRE AGREEMENT: This grant of easement contains the entire agreement between the parties hereto and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 14. CONSTRUCTION: This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this grant of easement and their counsel have readand reviewed this grant of easement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. 15. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 20th day of JANUARY , 2004. CONTRA COSTA COUNTY FLOOD GRANTEE CONTROL & WATER CONSESVATION DI By By C alr, So d of vis Superors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } Jan. 20, 2404 On before me, EMELDA L. SHARP Deputy Clerk of the Board oSupeV!Trs, joy rCrista County,personally appeared UP• e era U over who is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. By: Deputy Clerk Farm Approved (07/99) Silvana Marches!,County Counsel G:\GrpData\Rea[Proper2004-Files\04-1\EA17PA-Mwork2 Pedestrian Bridge-WC.doc 1/6,104 6 tmUNDERWOOD & ROSENBLUM,INC. civil engineers and surveyors PUBLIC PEDESTRIAN BRIDGE EASEMENT LANDS OF CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT EXHIBIT "A" 9-23-03 AN that certain real property situate in the City of Walnut Creek,County of Contra Costa, State of California,described as follows. Being a 20 foot wide strip of land,crossing through a portion of that certain 52 foot wide strip of land, conveyed to Contra Costa County Flood Control&Water Conservation District,and described as Parcel 429, In that certain Geed, recorded on January 21, 1970, In Book 6049, Page 379, Contra Costa County Official Records, being more particulady described as follows: Beginning at the most northerly comer of Lands of Pacific Gas and Electric Company, as described in that certain Deed, recorded on October 12, 1951,in Book 1839, Page 315,Contra Costa County Official Records,said point also ging a comer on the southerly line of Lands of Walnut Creek School District,as described in that certain Deed, recorded on January 10, 1954,in Book 2416, Page 115, Contra Costa County Official Records; Thence, leaving said northerly comer of Lands of Pacific Gas and Electric Company,>N 790 12'02"E, 60.89 feet through said Lands of Walnut Creek School District to the centerilne of the said 52 foot wide strip of land known as Parcel 429; Thence, northerly along the centerline of said Parcel 429, N 150 09' 13°W, 71.05 feet,to the True Point of Beginning of this description; Thence,leaving said oenterfine line of Parcel 429, N 74°50'4r W,26.00 feet,to the westerly line of said Parcel 429, Thence, northerly along the westerly lute of Parcel 429, N 15°09' 13'W,20.00 feet; Thence, leaving said westerly line of Parcel 429, S 74,15 0'47"E, 52.00 feet,to the easterly line of said Parcel 429; Thence, southerly along the easterly line of Parcel 429, S 150 09' 13"E,20.00 feet, Thence, leaving said easterly line of Parcel 429,N 741150'47*W,26.00 feet,to the Tare Point of Beginning of the Parcel being herein described. Containing 1,048 square feet of land, more or less. jNND RO `OFC�l� 1630 Oakland Read,Surto A114 San.lose,CA 95131 Phone(408)453-1222 Fax(405)453-1207 www.uafidr.com EXHIBIT "B9' WALNUT CREEK SCHOOL DISTRICT 2416 O.R. 115 1-10-54 APN 173-162-011 P-G. & E. V) 1839 O.R. 315 t 10-12-51 APN 173-162---008 C.C.C.F.C. & W.C.D. C.C.C.F.C. & Q.C.D. PARCEL 429 PARCEL 314 1 426 O.R.5753 POINT OF BEGINNING 1 6049 O.R. 375 53 R.68 1 �21-70 11ALNU CRW SCHOOL DISl"IiICT N74'50'47"E N15`09'13"W 2437 O.R. 559 'fcn 12-12--54 26,00' 20.00' 04I 0141 hl a S15'09'13*E _ 71.0_5' �o `t 1 N15'09'13"W C14 N74'50 47 E 26.00' ` _ h DRAWING ED 342 1 0 TRUE POINT OF 515'09'13"E BEGINNING 20.00' FPARCELL AREA= 1,040 SQUARE FEET i C.C.C.F.C. & W.C.D. WALNUT CREEK SCHOOL DISTRICT 9430 O.R. 269 2333 O.R. 53 DRAWING ED 583.1 6-16-54 APN 173 .161--012 LAND f 4. Rose 6335 F C Al UNDERWOOD & PEDESTPAN BRIDGE EASEMENT Date: 9-23-03 • ROSENBLU'M, INC. WALMN tri SCHOOL DISMICT snare 1'-60' civil enginews and suffeilors Dwn by. MM 1530 OMund Road Sia A114 San Jose,Ca.95131 'WALNUT 0UM Ted.No.(408)453 1222 Fax No.(4W)453 1207 RMAMMIATE SCHOOL .lob Na. x{}0008 WALNUT tett CAUFORrtt�