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Home My WebLink AboutMINUTES - 04271993 - 2.2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 27, 1993 SUBJECT: Approving Highway 4 Phase 3, Widening Project, Between Empire Avenue and Vintage Parkway in the Oakley Area. Project No. 4660-6X4013-92, CP # 92 - 85. Specific Request(s) or Recommendations) & Background & Justification I. RECOMMENDED ACTION: APPROVE Project, and FIND, on the basis of the initial study and all comments received and the responses to comments, that there is no substantial evidence that the project will have a significant effect on the environment, ADOPT the Negative Declaration in compliance with the California Environmental Quality Act, and DIRECT the Public Works Director to begin right of way acquisition and to prepare contract plans and specifications for construction. DIRECT the Director of Community Development to file a Notice of Determination and a Certificate of Fee Exemption: De Minimis Impact Finding with the County Clerk. DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk. 11. FINANCIAL IMPACT: The estimated project cost is $1,540,000 funded by Oakley/North Brentwood Area of Benefit (61%), State Transportation Partnership (10%) and Oakley/N. Brentwood Redevelopment Agency (29%). r Continued on Attachment: X SIGNATURE: . _ RECOMMENDATION.OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Ap r i 1 2 7 , 19 9 3 APPROVED AS RECOMMENDED OTHER The Board APPROVED the recommendations of the Public Works Director, and REFERRED to the Public .Works Director for response the letter of Dennis Barry on behalf of Cecilia Rodriques . VOTE OF SUPERVISORS XX UNANIMOUS (ABSENT- AYES: NOES: ABSENT: ABSTAIN: JDJ:jlg c\BO:bo23.t3 Orig. Div: Public Works (Design Division) cc: County Administrator I hereby certify that this Is a true and correct copy of Attn: E. Kuevor an action taken and entered on the minutes of the Contact: Joseph DiMaggio(313-2244) Board of Supervisors on the date shown. Auditor-Controller ATTESTED: -�'�,•-1i .2.7, / y`I-3 PW Accounting PHIL BA CHELOR,Clerk of the Board Construction of Supervisors and County Administrator Community Development By --- Deputy i Approving Highway 4 Phase 3, Widening Project, Between Empire Avenue and Vintage Parkway in the Oakley Area April 27, 1993 Page 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: i The project includes pavemen,t widening from two lanes to 4 lanes, landscaped median islands, storm drain pipes and a traffic signal. It is needed to alleviate congestion and improve traffic operations on Highway 4. i The project has been determined to be in compliance with the General Plan. A Negative Declaration of environmental significance pertaining to this project was published January 26, 1993. The Board has considered the negative declaration together with all comments received during the public review period and the responses to:ithose comments prepared by staff. This project has been found to be de minimis in its effect on the environment and is exempt from the $1,250.00 Fish and Game filing fee. i IV. CONSEQUENCES OF NEGATIVE ACTION: Dela in approving the ro'ect will result in a dela of design and construction and may jeopardize Y PP 9 P '1 Y g Y1 P funding. i i CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA,COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 851 PINE STREET 4TH FLOOR NORTH WING MARTINEZ. CALIFORNIA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany, Public Works Dept. Project Description, Common Name (if any) and Location: STATE ROUTE 4 WIDENING - PHASE 3; FROM EMPIRE AVENUE TO VINTAGE PARKWAY, OAKLEY, County File #CP 92-85: State Route 4 within the project limit is 36 feet wide with two 12-foot lanes and six-foot shoulders. It is proposed to be widened to four 12-foot lanes with 10-foot to 12-foot shoulders and 4.5-foot wide sidewalks. New sidewalks will be installed only where there is existing development without frontage improvements or where existing sidewalks are in the wrong place. The vacant undevelopedparcels will be required to install sidewalks when they are developed. A raised landscaped median with leftpturn lanes will be provided in some sections of the project. A traffic signal will be installed at the Teakwood Drive intersection and the timing of the signal will conform to an existing traffic signal at Empire Avenue and a new traffic signal to be installed next year by a developer at the Vintage Parkway intersection. 1 Road right-of-way widths will vary to retain all the existing improvements (e.g., curbs, sidewalks and soundwalls) at several locations within the project limits and to minimize the project's impacts. Right-of-way must be acquired from approximately 25 parcels. Overhead and underground utilities will also have to be relocated. 1 The project's features include the following: (1) The westerly 700 feet will be 80 feet curb-to-curb in 100 feet of right-of-way with an eight-foot curbed median 3); (2)The next 600 feet will be 80 feet curb-to-curb in 100 feet of right-of-way. The median will be replaced by a 12-foot left-turn lane; (3) The next 700 feet will be 85 feet curb-to-curb in 105 feet of right-of-way with a nine-foot curbed median; and (4) The easterly 1,100 feet will be 90 feet curb-to-curb in'110 feet of right-of-way with a 14-foot curbed median. 1 Subject project is located in the Oakley area of eastern Contra Costa County and consists of widening State Route 4 between Empire Avenue and Vintage Parkway. 1 The project will not have a significant effect on the environment. The project was approved on Pursuant to the provisions of,the California Environmental Quality Act: QAn Environmental Impact Report was prepared and certified. QThe Project,was encompassed by an Environmental Impact Report previously prepared for I ® A Negative beclaration was issued indicating that preparation of an Environmental Impact Report was not required. Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. ® The Project will not have a significant environmental effect. QThe Project will have,a significant environmental effect. i Mitigation measures were made a condition of approval of the project. A statement of overriding considerations was adopted. Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines. I 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. II Signature Title i Applicant: Department of Fish & Game Fees Due: County Public Works Dept. i EIR - $850 Total Due: $ 255 Glacier Drive Neg. Dec. - $1,250 Total Paid: $ Martinez, CA 94553 X DeMinimis Findings - $0 Attn: Janet Frattini X County Clerk - $25 Receipt #: Fa; l�t ATE OF CALIFORNIA PETE WILSON, Governor GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET 'm. :! SACRAMENTO, CA 95814 - ' RECEIVED M�",r Feb 25, 1993 E MRONMENTI:1_ PLANNER VICKIE GREMANY CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ , CA 94553-0095 Subject: STATE ROUTE 4 WIDENING SCH # 93013056 Dear VICKIE GREMANY: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call Michael Chiriatti at (916) 445-0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight-digit State Clearinghouse number so that we may respond promptly. Sincerely, Christine Kinne Acting Deputy Director, Permit Assistance RECEIVED CDMFEB 2 61993 CAMP DRESSER & McKEE INC. environmental engineers,scientists, One Walnut Creek Center planners,&management consultants 100 Pringle Avenue,Suite 300 Walnut Creek,California 94596 510 933.2900,Fax:510 93-1-4174 February 25, 1993 Mr. Mike Yeraka Oakley Water District P. O. Box 127 Oakley, CA 94561 Notice of Intent to Adopt a Negative Declaration for State Route 4 Widenin.Q - Phase 3 Dear Mike: Camp Dresser & McKee has reviewed the Notice of Intent to Adopt a Negative Declaration for Phase 3 of the State Route 4 Widening Project. We have no comments related to the environmental review portion of the project. CDM has already reviewed a set of preliminary plans and will continue to work with the County Public Works staff. Please feel free to contact Thomas Brightbill with any questions. Very truly yours, CAMP DRESSER & McKEE INC. Jon R. Toyoda, P.E. Associate cc: Ms. Vickie Germany, Contra Costa County Public Works Department Project File File 2519-110-GS-4.01 2519#1.062 Printed on recycled paper RECEIVED FEBF 2 5 5993 t ENVIRONMENTAL PLANNER February 23, 1993 Public Works Department Design Division Attention: Vickie Germany 255 Glacier Drive Martinez, CA 94553 Dear Ms. Germany: I have read the copy of the Notice of Intent to Adopt A Negative Declaration for SR4 Widening - Phase 3 in Oakley, . There are a number of concerns I wish to voice and address in this letter to you as follows: 1. If the widening of State Highway 4 in Oakley is to be widened how is this to impact my present property line? 2 . 1 anticipate and have checked with some local realtors in the area and all have stated that due to an expansion of the highway it will significantly decrease the present value of my property as much as $50, 000.00. (since most people do not want to live directly adjacent to now a major highway) . (I just had the house appraised in November of 1992 for $175,000. ) . Who will make up the difference in depreciated value of the home if the highway should be expanded should I sell my house in the future? (Cal Trans, the County, the State, the Developer?) . 3 . 1 foresee a major environmental impact as far as emissions from the cars and the noise level increase due to the expansion. Since I live directly on the corner of Teakwood and Highway 4 and as projected in your Plan, a stop light will 'be put in place, there will be more stop and go traffic thus causing more emissions to hover directly around my house (thus increasing the risk of cancer due to car emissions for my family) . The noise level will also increase significantly due the stop and go traffic due to the projected stop light. 4. Widening of State Highway 4 will also bring more semi- trucks onto the highway as a major route to various other cities. As it stands, a vast majority of the large semi trucks have used alternative routes due to that State Highway 4 was just a thorough- fare type one lane route for them. In bringing in more large semi trucks this will increase the amount of emission, definitely increasing the present noise level and also present more hazardous Ms. Germany Page 2 February 23, 1993 conditions to me and my family directly due to contaminated chemical, oil and or gas spills that may occur do to the increase in volume of semi's rolling through. 5. Who are the property owners who need to sign the "right- of-way's" as specified in your notice? 6. Where will the newly projected stop light be placed in proximity to my property line? 7. When was this Plan first developed and recorded with the County office? 8. Was the developer, Kaufman and Broad, notified when they purchased the parcel lot for development via report, letter ? If they were notified, when were they notified and were they notified by mail, county recorder's office when they filed the claim on the parcel, or ??? If they were notified, did they have to sign any acknowledgment or release stating that they would disclose to potential buyer(s) of those affected parcels that an expansion of widening of State Route 4 in Oakley was to transpire within a certain time frame? 9 . When is the anticipated expansion of State Highway 4 to begin? How long will it take? 10. Is there any threat to my soil being contaminated by the expansion. Will it affect my current landscaping? 11. Where will utilities now be moved to? How will this affect my current services? Will there be any downtime and if so how much 'for each utility? . 12 . What kind of road closure will be affected by this expansion? Will Teakwood or Highway 4 directly be closed for prolonged periods of time thereby affecting thru traffic to residences? 13 . During what hours would work transpire? 14 . What is the anticipated length of time (days, weeks, etc. ) from beginning to the end of the project? 15. Is there any other homeowners and/or coalition set up against this expansion? 16. When will be next notified of anything? 17. Will the speed limit be increased to reflect this new expansion to four lanes? Ms. Germany Page 3 February 23, 1993 I. realize Oakley is' expanding due to the need for lower cost housing in the Bay Area, but I feel that widening of State Route Highway 4 will not help the current residents who bought their property years ago under the assumption that Oakley would remain a small bedroom community of East Contra Costa County. This is the first I heard the Highway 4 was to be expanded. If I had known, I certainly would have not bought a home directly on the corner of Highway 4 . I thought that this town was to remain small and quaint. I would appreciate your prompt written response to my questions as outlined above. ' I would like to be notified of any changes, etc. as to the next step on your calendar on this issue. Very truly yours, Karen/ M. Miller 5000 Teakwood Drive Oakley, CA 94561 Home: 625-4533 Work: 945-0747 LU Vm �,, �,•- -s Oki 74-el�f:� Lam` 0 A Cj 0. w `- =— Ls1 -w C_u� aLoL� a-H— wo do GL ... - r---� - - CU l S U�e vly �5 -ev'e--�V P o'Yt r o Y�d T' t in's i a vt t R/.2 Z4 Y -. - y . v lr T' sTvc�e P Y� ea- � � a 2 t v��S ve 11 r � (ems S Q rn e ern f� e e (o n +-hp- p v�o p e vL7�� 't-v ql,e CL 'on c YYl a 4t 1 RECEIVED LLFEB1 91993 ) r✓t �vT7 ¢�tF- EMOWABM PLANNER r a o f NVG- 5� 1 uree� NDO b 3 7 - �5_� —00,5r d 3 7 - I5U -00 ct-1 �oveh� i Jv O%V Jv �v vi 0 V� Y � �t - z � 3 fvt 1 3 r uj cc � CT) != .� / � / � �X3,1 �7L•'-G�>co fa Ui W t-";�C.G(: G �-� •'/i c:.-G G.':�'L �•G''_``—� .i'L-j�'L��G''/.C�.� �':r .rG•'L,,,,/ c LL V. r / ' ,;r ., y. r•: `v�fL-�_. �2� �snt=-L�-�' .��z-�'-��-�.' G�c-mac'� �• ' •`', �./G`�G �,![,,, �- -'�Z-�G�G 'LGl-� -�.%��,/t�'r� - �C�C�-Gam'.'• .; 1:' '«C 7�"' ' } xe lei 2q 7 4IED 1 SAL pt,p,NNER �4t _ 7 RECEIVLU FEB 2 3 1993 ENVIRONMENTAL PLANNER Public Works Department February 224 Design Division 255 Glacier Drive Martinez, Ca. 94553 Dear Vickie Germany, This is in reference to the widening of State Route 4 - Phase 3: from Empire Avenue to Vintage Parkway, Oakley, County File #CP 92-85 Our house is located at the northwest corner of Highway 4 and Brock Lane. According to the map on figure 4 the proposed changes will infringe on.our property approximately 30 feet from the existing roadway. This will place the new highway approximately 25-30 feet from our front door. According to the proposed map we will lose our parking places that are at the edge of our property, parallel to highway 4. We will also lose access to our front entrance. The line drawn down the side of Brock Lane on the proposed map indicates we will also lose parking on the side as well. The proposed changes will have a serious adverse effect on our environment. There will be a marked increase in the noise pollution as well as air pollution due to the closer proximity of the new road to our home. It will also significantly lower the property value and saleability of our home. For the above stated reasons we strongly protest the widening of the road unless the county agrees to purchase our home at its present value. Sincerely, rank B. and Jean Tarvin April 14, 1993 1-- Our File: Highway 4 - Empire to Vintage 2-- Project No.: 4660-6X4013-92 3--- Dear 4--: Thank you for your comments on the Initial Study of Environmental Significance for our project to widen State Highway 4 from Empire Avenue to Vintage Parkway in Oakley. You expressed several concerns which we hope to address in this letter. Within the project limits, Highway 4 is a conventional two-lane undivided highway with a 36 foot pavement width in a 60 foot right-of-way that carries regional and local traffic through Oakley. Developments adjacent to Highway 4 within the project area have dedicated additional right-of-way and have widened the pavement and constructed frontage improvements (curb, gutter, sidewalk and soundwalls) in the ultimate location for a four-lane facility. This proposed project will widen Highway 4 to provide two twelve- foot lanes and a ten-foot shoulder in each direction with a raised median from Empire Avenue to Vintage Parkway. Traffic signals will be installed at the Teakwood Drive intersection. A traffic signal will also be installed at the Vintage Parkway intersection by the adjacent developer. This project is the third phase of widening Highway 4. The first two phases completed the widening from State Route 160 to Empire Avenue. The project is needed to relieve existing congestion on Highway 4 and improve traffic operations at the intersections. Highway 4 serves as the only route available for east- west travel in East Contra Costa County. For most of its length, the highway provides a single lane in each direction, although some spot improvements exist where the road has been widened to its planned width. As a result of spot improvements, few sections exist where any improvement to capacity can be fully utilized, except for the improved section from State Route 160 to Empire Avenue. Traffic volumes on Highway 4 are not expected to increase as a result of this project. The project is intended to alleviate the existing congestion from the current level of traffic. Traffic counts on Highway 4 at Teakwood Drive show an average of 27,930 vehicles per day with 1898 vehicles in the evening peak hour. Projected traffic volumes for the year 2010 are 27,100 vehicles per day with 3,210 vehicles in the evening peak hour. Trucks account for approximately 10% of total traffic. This percentage is expected to decrease to approximately 6% upon completion of the Delta Expressway. 1-- April 14, 1993 Page -2- The widening project requires that we acquire a strip of frontage from approximately 25 parcels along Highway 4. When acquiring right-of-way for a project, an appraisal is prepared to determine the fair market value. The appraisal takes into account any improvements, including landscaping, paved drives, sheds, etc. within the acquisition area. Based on a review of the appraisal, an offer is made to the property owner for the full amount the acquiring agency has determined to be just compensation. In most cases, settlement is reached. In cases where we do not reach a settlement, the property rights are obtained through the eminent domain process. The Initial Study was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). This study found that the proposed project would not have a significant effect on the environment and recommended that a Negative Declaration be prepared. During the public review period, we received various comments, including several letters of concern regarding the issues of noise, air quality, dust, and vibration. A comprehensive response to all the comments received was prepared and is included with this letter as Attachment "A". The project is scheduled for approval of the Negative Declaration before the Board of Supervisors on April 27, 1993. The Board members will receive copies of the Initial Study, all comments received during the review period and responses to comments prior to making their decision. The item will be on the Board's Determination Calendar to allow members of the public to speak on the proposed action if they wish. Please contact our environmental planner, Vickie Germany, at (510) 313-2296 if you have any additional questions or concerns. Very truly yours, 41, . Dean H. Eckerson Senior Civil Engineer Design Division DEJp. a:\TP\Design\RESPHW4.t4 Enclosure cc: Members, Board of Supervisors D. Barry, Community Development M. Mitchell, Deputy PW Director M. Hollingsworth, Design K McNamar, Real Property V. Germany, Design J. DiMaggio, Design Phillip N. & Joann Lubner 2630 Main St. Oakley, CA 94561 Mr. & Mrs. Lubner ^ E Anthony Miguel Route 2, Box 143M Brentwood, CA 94513 Mr. Miguel ^E Edna Beck 2974 Main St. Oakley, CA 94561 :. Ms. Beck ^ E Frank B. & Jean Tarvin Route 1, Box 30 Oakley, CA 94561 Mr. & Mrs. Travin ATTACHMENT A RESPONSES TO COMMENTS NOISE The current noise levels along Highway 4 are between 70 - 80 dBA ("A"weighted decibel levels), which is typical of locations close to high traffic volumes. Existing land uses are thus exposed to noise levels in excess of noise abatement criteria of 67 dBA (exterior) established by the Federal Highways Administration for transportation projects. Noise levels typically do not change within the first 50 feet from the source to the reference point (this assumes a flat surface between the source and reference point). For the purposes of a noise analysis, the definition of"significant impact' was taken from the Contra Costa County General Plan Draft Environmental Impact Report (CCCGPDEIR) (1990), which states: 0 - 3 decibel increase - no significant impact; imperceptible increase 4 - 5 decibel increase - perceptible increase, but not significant impact; some negative community response; significant if standard exceeded 6+ decibel increase - significant effect on the environment Mitigation measures are proposed only if a transportation project results in a significant increase over existing conditions. Even then, mitigation measures must meet several criteria, such as a 5 dBA reduction, cost effectiveness, and barriers should intercept the line-of-sight from a 11.5 foot truck stack, before they are proposed. Gaps for driveways would permit noise intrusion and a 5 dBA reduction could not be achieved. Noise is dependent on several factors: number of vehicles, vehicle speed, vehicle type, roadway surface and gradient, distance to the receptor, ground surface (whether hard or soft), and shielding due to structures, hills, edge of roadway, etc. The proposed project will result in Tittle or no change in speed, the mix of vehicles, or'the volume of traffic; thus the primary changes in noise levels are associated with the change in distance from the nearest traffic lane and the receptor. The proposed project will result in moving traffic lanes closer to some receptors, while at the same time moving lanes, and thus traffic, away from the receptors. The changed cross-section of the roadway results in traffic being spread out over a larger width of 80 - 90 feet (four lanes with a median), instead of 36 feet (two lanes with no median), which results in some receptors experiencing a slight increase in noise levels (not exceeding 3 dBA),while other receptors experience a slight decrease in noise levels, which reduces the overall noise level, all things being equal. No significant increase in noise levels occur. The older, single family residences along Highway 4 are inadequately setback (in terms of current noise levels) from the existing traffic lanes, which accounts for the high noise levels they receive. New residential developments are required to setback a minimum distance and/or to provide for noise attenuation measures. High traffic volumes and inadequate road capacity cause congestion within the project limits which contributes to the high existing noise levels noted above. The stop light at Highway 4 and Teakwood will improve traffic flow by reducing congestion levels, and this should not result in a significant increase in noise levels over existing conditions. Construction activities produce noise levels of at least 86 dBA at 50 feet. In order to minimize this impact, construction noise will be limited to 86 dBA at a distance of 50 feet during the hours of 7:00 a.m. and 7:00 p.m., on weekdays, and 9:00 a.m. and 7:00 p.m. on weekends (note that these time restrictions correct an error on the Initial Study and this change will be included in the contract specifications). Invoking time restrictions on construction activities implements a mitigation measure per the CCCGPDEIR. Time restrictions were also identified as a mitigation measure in the Draft Oakley/North Brentwood General Plan Revised Environmental Impact Report and Oakley Redevelopment Plan Environmental Impact Report (DONBGPEIR-ORPEIR) (1989). Construction of temporary plywood enclosures around stationary equipment or activity areas which produce excessive noise at nearby receptors shall be considered as an additional mitigation measure, if noise levels in excess of 86 dBA at 50 feet are produced. Unnecessary idling of machines will not be allowed, thus reducing construction noise levels. Construction noise will end upon completion of the project. AIR Air quality degradation is the result of several factors, such as vehicle age, vehicle speed, number of hot and cold starts of vehicles, local meteorological conditions, and congestion. As noted under Noise, the project will not result in a change in the number of vehicles, their speed, the age of the vehicles, the number of hot and cold starts or meteorological conditions. Air quality benefits often accrue with improved traffic flow. Congestion currently causes stop and go traffic, within the project limits, resulting in increased emissions of air pollutants. The proposed project will improve traffic flow and the level of service and is not expected to result in a significant increase in any of the criteria air pollutants. Free flow of traffic is an identified mitigation measure under the CCCGPDEIR. During construction, exhaust fumes and possibly objectionable odors will be emitted by machinery. To minimize this impact, contract specifications shall stipulate the use of properly tuned equipment and the elimination of unnecessary idling of machines when not in use. Minor air quality impacts due to construction activities will end upon completion of the project. DUST The underlying soil is Delhi Sand and wind erosion is slight when exposed. However, "dust" (e.g., wind blown sand and/or dirt) will be generated during construction activity. Measures to control dust, such as applying water or dust palliatives, shall be included in the contract specifications. The generation of dust will end upon completion of the project. Dust control is a mitigation measure identified in the DONBGPEIR-ORPEIR. VIBRATION As with noise, vibrations travel in wave fronts that move outward as their energy is "spread" over an ever increasing area. The more rapidly this area increases, the more quickly the energy loses its intensity. However, propagation of earthborne vibrations is complicated by the variations in soil through which they travel. Soil dampens vibrations, but the amount of attenuation is variable because of soil type, soil condition, soil stratification, and source frequency. Traffic and construction vibrations are mainly surface waves which generally attenuate rapidly with distance from source. CALTRANS has determined the"architectural damage risk level" to be 5 mm/sec or approximately 0.2 in/sec. Highway traffic vibrations (measured on freeway shoulders) have never exceeded 0.08 in/sec as measured from 15 feet from the centerline of the nearest lane. Thus, the risk of exceeding the architectural damage risk level is very low. "Annoyance"levels typically occur around 0.10 in/sec which is above the highest vibrations recorded for highway traffic. However, individual sensitivity is variable, with annoyance registered as low as 0.01 in/sec (or ten times lower than typical). This increased sensitivity is often a function of age and activity patterns. Elderly, retired residents engaged in passive pursuits routinely complain of vibration annoyance more often. Pile driving and pavement breaking vibrations are potentially damaging if they occur within 25 feet of buildings. No mitigation measures available other than using alternative methods such as drilling of pile holes exist. Delhi sand is rated as "good"for road fill with "good" compaction characteristics, which aids the attenuation of vibration. As with noise, the changed cross-section may affect the propagation of earthborne vibrations. Construction vibrations will end upon completion of the project. PLANNING HISTORY The Oakley Area General Plan Draft Environmental impact Report (OAGPDEiR) (1886) showed Highway 4 as 6-lanes through the project area and under the projected development scenario, the highest traffic volumes would occur on Highway 4 west of Old Town. Access controls (i.e., signals) were identified as being particularly important along Highway 4 because of the high volume of traffic. The OAGPDEIR noted that noise exposure over existing levels would be significantly increased due to the proposed development. Future developments would be required to setback from the planned ultimate roadway or noise barriers could be constructed. The Oakley Area General Plan (OAGP) (1987) notes that improvements and access controls will be needed to accommodate both existing and future traffic within the Oakley study area, which includes the area of the proposed transportation improvements. As with the OAGPDEIR, future residences should be setback from the improved roadway. The DONBGPEIR-ORPEIR shows Highway 4 from the intersection of Oakley Road to O'Hara as a 4-lane arterial which functions to move traffic to and from freeways and are of county-wide or intercity importance. Traffic volume will increase on Highway 4 through Oakley due to the proposed new development allowed under the DONBGPEIR-ORPEIR, even if the Delta Expressway was constructed. The traffic study for the DONBGPEIR- ORPEIR also assumed that major intersections would be signalized and the level of service would be improved over existing conditions. In addition, as part of the DONBGPEIR-ORPEIR, an air quality analysis was performed which showed that even at maximum traffic levels and minimum dispersion conditions, neither the 1-hour or 8-hour California or Federal standards for carbon monoxide would be exceeded. The CCCGPDEIR incorporated the traffic improvements recommended in the DONBGPEIR-ORPEIR. Proposed noise mitigation measures include the following: (1) public projects shall be designed and constructed to minimize long-term noise impacts on existing residents, and (2) construction activities shall be concentrated during the hours of the day that are not noise sensitive. For new residential developments, setbacks or noise barriers are two recommended noise measures. a:respon.com Contra Public Works DepYartment P Michael Watford Public Works Director Costa 255 Glacier Drive Martinez, California 94553-4897 Milton F.Kubicek County FAX: (510)313-2333 Deputy-Engineering Telephone: (510)313-2000 Maurice E.Mitchell April 14, 1993 Deputy Operations Maurice M.Shiu Deputy-Transportation S.Clifford Hansen Deputy-Administration Karen M. Miller Our File: Highway 4 - Empire to Vintage 5000 Teakwood Drive Project No. : 4660-6X4013-92 Oakley, CA 94561 Dear Ms. Miller: This is in response to your letter -of February 23, 1993 regarding our proposed project to widen Highway 4 from Empire Avenue to Vintage Parkway in Oakley. You expressed a number of questions and concerns which we would like to address in this letter. Each response item is numbered to correspond with the numbered items of concern in your letter. 1. Our project includes replacing the existing handicap ramp at the corner of Teakwood Drive and Highway 4 with the new State Standard ramp as required by Caltrans. This will require the acquisition of a small portion of right-of-way from the corner of your parcel to accommodate the new ramp. (Please refer to the enclosed sketch showing the proposed right-of-way location. ) You will be compensated for the right-of-way and any improvements within the acquisition area as part of the right-of-way acquisition process. 2 . The proposed widening of Highway 4 in the Oakley Area has been - planned for at least 6 years. Your subdivision was built in anticipation of this widening, so the sidewalk, soundwall and pavement were constructed at the ultimate location. Compensation to property owners in the project area is limited by law to those parcels that are required for the project right-of-way. We have constructed several road widening projects adjacent to subdivisions throughout Contra Costa County, and are not aware of any claims of decreasing values to the subdivision homes as a result of the road widenings. 3 . An initial study of Environmental Significance was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) . This study found that the proposed project would not have a significant effect on the environment and recommended that a Negative Declaration be prepared. During the public review period, various comments were received on the environmental document, including several letters of concern regarding the issues of noise, air quality, dust, and vibration. A comprehensive response to all the comments received was prepared and is included with this letter as Attachment "A" . Please refer to this attachment for a discussion of the issues you have raised in item three of your letter. Ms. Miller April 14, 1993 Page -2- 4. Traffic volumes on Highway 4 are not expected to increase as a result of this project. The project is intended to alleviate the congestion which exists due to the current level of traffic. Traffic counts on Highway 4 at Teakwood Drive show an average of 27, 930 vehicles per day with 1898 vehicles in the evening peak hour. Projected traffic volumes for the year 2010 are 27, 100 vehicles per day with 3 , 210 vehicles in the evening peak hour. Trucks account for approximately 10% of total traffic. This percentage is expected to decrease to approximately 6% upon completion of the Delta Expressway. 5. The County will need to acquire a strip of land from approximately 25 parcels that front on Highway 4 . This includes a small acquisition from the corner of your parcel as discussed in Item 1. When acquiring the necessary right-of-way for a project, an appraisal is prepared to determine the fair market value of the real property. Based on a review of the appraisal, an offer is made to the property owner for the full amount the acquiring agency has determined to be just compensation. In most cases, a settlement is reached. In cases where we do not reach settlement, the property rights are obtained through the eminent domain process. 6. The poles for the new traffic signal will be placed in the sidewalk on each side of the handicap ramp depressions. (Please refer to the enclosed sketch showing the proposed signal location. ) 7. A Project Study Report addressing the proposed widening of State Route 4 between Route 160 and Lone Tree Way to a 4-lane divided roadway with intersection improvements was prepared by Caltrans. This report was approved by the County Board of Supervisors on February 2, 1988 . Phases 1 and 2 of the widening have been constructed from Route 160 to Empire Avenue. Phase 3 , from Empire Avenue to Vintage Parkway, is scheduled for construction in 1994. 8 . The developer of your subdivision (Subdivision No. 5674) was required to dedicate right-of-way along Highway 4 to provide for future widening and to construct the frontage improvements (curb, gutter, sidewalk and soundwall) in the ultimate location as a condition of the development. 9 . The project is scheduled to begin construction in the summer of 1994 and the construction activity is expected to last approximately 4 months. Ms. Miller April 14, 1993 Page -3- 10. Our project will not have any impact on your soil. Construction of the new handicap ramps at the corner of Teakwood Drive and Highway 4 will require the removal of some landscaping and replacement of a portion of the retaining wall at the corner of your property. 11. Some utility poles will be relocated along Highway 4 to allow for the road widening. However, no utilities in the vicinity of your property are likely to be affected and no delay in service is anticipated. 12 . No road closure will be allowed during construction. At least one lane of traffic in each direction will be maintained on Highway 4 . Access to Teakwood Drive will be maintained for the duration of the project. 13 . The contractor will be allowed to work during daylight hours. Construction activities that create delays in traffic will not be allowed during the morning and evening commute hours. The contractor will be required to comply with local noise ordinances and all noise producing operations will be conducted between the hours of 7: OO a.m. and 7: 00 p.m. on weekdays and between 9: 00 a.m. and 7: 00 p.m. on weekends. 14 . Construction of the project is expected to take approximately 4 months to complete. 15. We are not aware of any organized opposition to the project. We have received letters of concern similar to yours, from other residents along Highway 4 . The project has the support of the Oakley Municipal Advisory Council and is on the priority list for funding from the Oakley/North Brentwood Area of Benefit. 16. The project is scheduled for approval of the Negative Declaration before the Board of Supervisors on April 27, 1993 . The Board members will receive copies of the Initial Study, all comments received during the review period and responses to comments prior to making their decision. The item will be on the Board's Determination Calendar to allow members of the public to speak on the proposed action if they wish. 17. Upon completion of the environmental process, we will finalize the right-of-way drawings for submittal to Caltrans. The right-of-way appraisal and acquisitions process will not begin until Caltrans has approved the drawings and authorized acquisition. We anticipate the Caltrans review and approval this will take approximately 3 to 6 months. Following authorization by Caltrans, we will be contacting affected property owners to notify them of the appraisal process. Ms. Miller April 14, 1993 Page -4- 18. The speed limit on Highway 4 will not be increased as part of this project. I hope this has satisfactorily answered all of your questions and concerns. If you have any additional questions, please call me at (510) 313-2390 or contact our environmental planner, Vickie Germany at (510) 313-2296. Very truly yours, Dean H. Eckerson Senior Civil Engineer Design Division DE:fp a:\TP\Design\Miller.t4 Enclosures cc: Members, Board of Supervisors D. Barry, Community Development M. Mitchell, Deputy PW Director M. Hollingsworth, Design K. McNamer, Real Property V. Germany, Design J. DiMaggio, Design ATTACHMENT A RESPONSES TO COMMENTS NOISE The current noise levels along Highway 4 are between 70-80 dBA ("A"weighted decibel levels), which is typical of locations close to high traffic volumes. Existing land uses are thus exposed to noise levels in excess of noise abatement criteria of 67 dBA (exterior) established by the Federal Highways Administration for transportation projects. Noise levels typically do not change within the first 50 feet from the source to the reference point (this assumes a flat surface between the source and reference point). For the purposes of a noise analysis, the definition of"significant impact"was taken from the Contra Costa County General Plan Draft Environmental Impact Report (CCCGPDEiR) (1990), which states: 0 - 3 decibel increase - no significant impact; imperceptible increase 4 - 5 decibel increase - perceptible increase, but not significant impact; some negative community response; significant if standard exceeded 6+ decibel increase - significant effect on the environment Mitigation measures are proposed only If a transportation project results in a significant increase over existing conditions. Even then, mitigation measures must meet several criteria, such as a 5 dBA reduction, cost effectiveness, and barriers should intercept the line-of-sight from a 11.5 foot truck stack, before they are proposed. Gaps for driveways would permit noise intrusion and a 5 dBA reduction could not be achieved. Noise is dependent on several factors: number of vehicles, vehicle speed, vehicle type, roadway surface and gradient, distance to the receptor, ground surface (whether hard or soft), and shielding due to structures, hills, edge of roadway, etc. The proposed project will result in little or no change in speed, the mix of vehicles, or the volume of traffic; thus the primary changes in noise levels are associated with the change in distance from the nearest traffic lane and the receptor. The proposed project will result in moving traffic lanes closer to some receptors, while at the same time moving lanes, and thus traffic, away from the receptors. The changed cross-section of the roadway results in traffic being spread out over a larger width of 80 - 90 feet (four lanes with a median), instead of 36 feet (two lanes with no median), which results in some receptors experiencing a slight increase in noise levels (not exceeding 3 dBA),while other receptors experience a slight decrease in noise levels, which reduces the overall noise level, all things being equal. No significant increase in noise levels occur. The older, single family residences along Highway 4 are inadequately setback (in terms of current noise levels) from the existing traffic lanes, which accounts for the high noise levels they receive. New residential developments are required to setback a minimum distance and/or to provide for noise attenuation measures. High traffic volumes and inadequate road capacity cause congestion within the project limits which contributes to the high existing noise levels noted above. The stop light at Highway 4 and Teakwood will improve traffic flow by reducing congestion levels, and this should not result in a significant increase in noise levels over existing conditions. Construction activities produce noise levels of at least 86 dBA at 50 feet. In order to minimize this impact, construction noise will be limited to 86 dBA at a distance of 50 feet during the hours of 7:00 a.m. and 7:00 p.m., on weekdays, and 9:00 a.m. and 7:00 p.m. on weekends (note that these time restrictions correct an error on the Initial Study and this change will be included in the contract specifications). Invoking time restrictions on construction activities implements a mitigation measure per the CCCGPDEIR. Time restrictions were also identified as a mitigation measure in the Draft Oakley/North Brentwood General Plan Revised Environmental Impact Report and Oakley Redevelopment Plan Environmental Impact Report (DONBGPEIR-ORPEIR) (1989). Construction of temporary plywood enclosures around stationary equipment or activity areas which produce excessive noise at nearby receptors shall be considered as an additional mitigation measure, if noise levels in excess of 86 dBA at 50 feet are produced. Unnecessary idling of machines will not be allowed, thus reducing construction noise levels. Construction noise will end upon completion of the project. AIR Air quality degradation is the result of several factors, such as vehicle age, vehicle speed, number of hot and cold starts of vehicles, local meteorological conditions, and congestion. As noted under Noise, the project will not result in a change in the number of vehicles, their speed, the age of the vehicles, the number of hot and cold starts or meteorological conditions. Air quality benefits often accrue with improved traffic flow. Congestion currently causes stop and go traffic, within the project limits, resulting in increased emissions of air pollutants. The proposed project will improve traffic flow and the level of service and is not expected to result in a significant increase in any of the criteria air pollutants. Free flow of traffic is an identified mitigation measure under the CCCGPDEIR. During construction, exhaust fumes and possibly objectionable odors will be emitted by machinery. To minimize this impact, contract specifications shall stipulate the use of properly tuned equipment and the elimination of unnecessary idling of machines when not in use. Minor air quality impacts due to construction activities will end upon completion of the project. DUST The underlying soil is Delhi Sand and wind erosion is slight when exposed. However, "dust" (e.g., wind blown sand and/or dirt) will be generated during construction activity. Measures to control dust, such as applying water or dust palliatives, shall be included in the contract specifications. The generation of dust will end upon completion of the project. Dust control is a mitigation measure identified in the DONBGPEIR-ORPEIR. VIBRATION As with noise, vibrations travel in wave fronts that move outward as their energy is "spread" over an ever increasing area. The more rapidly this area increases, the more quickly the energy loses its intensity. However, propagation of earthborne vibrations is complicated by the variations in soil through which they travel. Soil dampens vibrations, but the amount of attenuation is variable because of soil type, soil condition, soil stratification, and source frequency. Traffic and construction vibrations are mainly surface waves which generally attenuate rapidly with distance from source. CALTRANS has determined the"architectural damage risk level" to be 5 mm/sec or approximately 4.2 in/sec. Highway traffic vibrations (measured on freeway shoulders) have never exceeded 0.08 in/sec as measured from 15 feet from the centerline of the nearest lane. Thus, the risk of exceeding the architectural damage risk level is very low. "Annoyance"levels typically occur around 4.10 in/sec which is above the highest vibrations recorded for highway traffic. However, individual sensitivity is variable, with annoyance registered as low as 0.01 in/sec (or ten times lower than typical). This increased sensitivity is often a function of age and activity patterns. Elderly, retired residents engaged in passive pursuits routinely complain of vibration annoyance more often. Pile driving and pavement breaking vibrations are potentially damaging if they occur within 25 feet of buildings. No mitigation measures available other than using alternative methods such as drilling of pile holes exist. Delhi sand is rated as"good"for road fill with "good"compaction characteristics, which aids the attenuation of vibration. As with noise, the changed cross-section may affect the propagation of earthbome vibrations. Construction vibrations will end upon completion of the project. PLANNING HISTORY The Oakley Area General Pian Draft Environmental Impact Report (OAGPDEIR) (1986) showed Highway 4 as 6-lanes through the project area and under the projected development scenario, the highest traffic volumes would occur on Highway 4 west of Old Town. Access controls (i.e., signals) were identified as being particularly important along Highway 4 because of the high volume of traffic. The OAGPDEIR noted that noise exposure over existing levels would be significantly increased due to the proposed development. Future developments would be required to setback from the planned ultimate roadway or noise barriers could be constructed. The Oakley Area General Plan (OAGP) (1987) notes that improvements and access controls will be needed to accommodate both existing and future traffic within the Oakley study area, which includes the area of the proposed transportation improvements. As with the OAGPDEIR, future residences should be setback from the improved roadway. The DONBGPEIR-ORPEIR shows Highway 4 from the intersection of Oakley Road to O'Hara as a 4-lane arterial which functions to move traffic to and from freeways and are of county-wide or intercity importance. Traffic volume will increase on Highway 4 through Oakley due to the proposed new development allowed under the DONBGPEIR-ORPEIR, even if the Delta Expressway was constructed. The traffic study for the DONBGPEIR- ORPEIR also assumed that major intersections would be signalized and the level of service would be improved over existing conditions. In addition, as part of the DONBGPEIR-ORPEIR, an air quality analysis was performed which showed that even at maximum traffic levels and minimum dispersion conditions, neither the 1-hour or 8-hour California or Federal standards for carbon monoxide would be exceeded. The CCCGPDEIR incorporated the traffic improvements recommended in the DONBGPEIR-ORPEIR. Proposed noise mitigation measures include the following: (1) public projects shall be designed and constructed to minimize long-term noise impacts on existing residents, and (2) construction activities shall be concentrated during the hours of the day that are not noise sensitive. For new residential developments, setbacks or noise barriers are two recommended noise measures. a:respon.com • , 1 t 1 ts Vn V3� -,Z,7 c4l z It 1 11 ,oa - CONTRA PUBLIC WORKS DEPARTMENT • COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE FRE#WO#4013 CP#92-85 PROJECT NAME: State Route 4 Widening-Phase 3; from Empire Avenue to Vintage Parkway PREPARED BY: Aruna Bhat)Vickie GermanoDATE: January 15, 1993 REVIEWED BY:bggglF_' �TE: �u P .r 19, (pgZ RECOMMENDATIONS: U Categorical Exemption (Class ) [z] Negative Declaration Q Environment Impact Report Required Q Conditional Negative Declaration The Project Will Not Have a Significant Effect an the FvvhmmenL The Recommendation is Based on the Following: 1. The project will not create unstable earth conditions, changes in geologic substructures or increase the exposure of people or property to geologic or water related hazards. 2. There are no rare or endangered species of plants or animals in the project area No wetland areas or wildlife areas will be impacted and the project will not increase the rate of use of natural resources. 3. The project will not convert prime agricultural land to non-agricultural use or impair the agricultural productivity of prime agricultural land.The project will not disrupt or divide the physical arrangement of the community. 4. The project will increase the safety of the road and provide for the projected increase in traffic volumes from the current 27,000 average daily trip(ADT)to the projected 1995 ADT of 44,000. 5. Exposure to contaminated soils shall be mitigated by avoiding the area by alignment modifications, or through remedial actions, such as the removal of tanks and/or contaminated soils,or on-site treatment to deodorize and decontaminate soils thereby reducing the impact to a non-significant level. 6. The project does not have the potential to achieve short-term goals to the disadvantage of long term environmental goals. Construction of road improvements will create minor short-term temporary impacts,but no significant impacts will occur if the following best management practices are followed: 7. There will be no significant change in the air quality or water quality in the project area. Construction machinery and vehicles will emit exhaust fumes and possibly objectionable odors during construction which will temporarily deteriorate air quality. To minimithe impact, contract specifications shall stipulate the use of properly tuned and muffled equipment.Air quality impacts will also be reduced by eliminating unnecessary idling of machines when not in use. & During construction,traffic will be diverted within the pavement area.This will create a temporary inconvenience to the public; however, every effort will be made to minimize this inconvenience by installing sufficient signs warning about construction. Caltrans Standard Specifications Sections 7-1.08 & 7-1.09 and are included in the construction contract. 9. Construction noise will be restricted to 86 dBA at a distance of 50 feet during the hours of 7.00 a.m.and 7.00 pm.and 7.00 p.m.and 9.00 a.m.on weekends. Erecting temporary plywood enclosures around stationary equipment or activity areas which produce excessive noise at nearby receptors shall be considered. Initial Study State Route 4 Widening-Phase 3 Page Two January 15, 1993 10. Dust palliatives or water will be applied to minimize dust during construction 11. No work which will interfere with commute traffic on SR4 will be performed between 5:00 a.m.and 8:30 a.m.;nor between 4:30 p.m.and 6:30 p.m.During non-commute hours two lanes shall be kept open. What Changes to the Project Would Mitigate the Identified Impacts (List motion measures for any Significant Impacts and Conditional Negative Declaration} N/A LISGS Quad Sheet Brentwood Base Map Sheet* G-24 Parcel#Various GENERAL.CONSIDERATIONS: L Lavation: The project is located in the Oakley area of Contra Costa County and consists of widening State Route 4 (SR4) between Empire Avenue and Vintage Parkway (see Figure I)- 2. Project Description: SR4 within the project limit is 36 feet wide with two twelve foot lanes and six foot shoulders.It is proposed to be widened to four 12 foot lanes with 10 foot to 12 foot shoulders and 4.5 foot wide sidewalks. New sidewalks will be installed only where there is existing development without frontage improvements or where existing sidewalks are in the wrong place.The vacant undeveloped parcels will be required to install sidewalks when they are developed A raised landscaped median with left turn lanes will be provided in some sections of the project. A traffic signal will be installed at the Teakwood Drive intersection and the timing of the signal will conform to an existing traffic signal at Empire Avenue and a new traffic signal to be installed next year by a developer at the Vintage Parkway intersection. . Road right-of-way widths will vary to retain all the existing improvements(e.g.curbs, sidewalks&soundwalls)at several locations within the project limits and to mini-i the project's impacts.Right-of-way must be acquired from approximately 25 parcels. Overhead and underground utilities will also have to be relocated The project's features include the following, 1. The westerly 700 feet will be 80 feet curb to curb in 100 feet of right of way with an 8 foot curbed median (see Figure 2&Section A-1 of Figure 3). 2. The next 600 feet will be 80 feet curb to curb in 100 feet of right of way.The median will be replaced by a 12 foot left turn lane(see Figure 2&Section A- 2 of Figure 3). 3. The next 700 feet will be 85 feet curb to curb in 105 feet of right of way with a 9 foot curbed median (see Figure 2&Section A-3 of Figure 3). 4. The easterly 1100 feet will be 90 feet curb to curb in 110 feet of right of way with a 14 foot curbed median(see Figure 2&Section A-A of Figure 3). 3. Does it appear that any feature of the project will generate nt public m neem?[]Ya []no [x]maybe (Nature of concern):Construction impacts:Noise, traffic delays&dust. 4. WM the project require approval or permits by other than a County agency►[xl 7a 0 no Agency Name(s)Caltrans 5. 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XIS j/4 !4' , l2' • /Z' i smadwa'R TNRit LAMr ' ?f�+t 1hNQ MW N4ME rMty b1ma shtnxDm A- A , SR4 WIDENING: EMPIRE AVE'. T4 VINTAGE PARKWAY SECTIONS ICTMTD V ` CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project TitleA L cation (Name and Address of Project Proponent; include county): State Route 4 Widening - Phase 3; from Empire Avenue to Vintage Parkway. The proposed project is located in the Oakley area of Contra Costa County. Proponent: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4897 Project Description: The project consists of widening State Route 4 between Empire Avenue and Vintage Parkway in the Oakley area. The road will be widened from the existing two lanes to four 12 foot lanes with 10 foot to 12 foot shoulders and 4.5 foot sidewalks. New sidewalks will be installed only where there is existing development without frontage improvements or where existing sidewalks are in the wrong place. The vacant undeveloped parcels will be required to install sidewalks when they are developed. A raised landscaped median with left turn lanes will be provided in some sections of the project. A traffic signal is proposed to be installed at the Teakwood Drive intersection and the timing of the signal will conform to an existing traffic signal at Empire Avenue and a new traffic signal to be installed next year by a developer at the Vintage Parkway intersection. indings of Exemption (attach required findings): An Initial Study was conducted to evaluate the potential for adverse impacts and considering the record as a whole, there is no evidence that the proposed project will have a potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based on substantial evidence, the County of Contra Costa rebuts the presumption of adverse effect as listed at subsection (d) of Section 753.5 of the Fish and Game Code. Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the Initial Study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Environmental Planner (Chief Planning Official) Public Works Department Title: Lead Agency: County of Contra Costa Date: VG:ab xdeminims.hwy CONTRA COSTA COUNTY CEQA ENVIRONMENTAL CHECKLIST FORM I. Background 1. Name of Proponent: Contra Costa County Public Works Department 2. Address and Phone Number of Proponent: 255 Glacier Drive Martinez, CA 94553-4897 (510) 313-2000 3. Date of Checklist Submitted: January 15, 1993 4. Name of Proposal, if applicable: State Route 4 Widening- Phase 3; from Empire Avenue to Vintage Parkway II. Environmental Impacts (Explanations of all significant, (S), answers are required on attached sheets.) *S *I 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? _ X d. The destruction, covering or modification of any unique geologic or physical features? _ X e. Any increase in wind or.water erosion of soils, either on or off the site? X L Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ X b. The creation of objectionable odors? _ X 2 *S *I C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ X 3. Water. Willthe proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? _ X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ X L Alteration of the direction or rate of flow of ground waters? _ X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? _ X i. Exposure of people or property to water related hazards such as flooding or tidal waves? _ X 4. Plant Life. Willthe proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ X b. Reduction of the numbers of any unique, rare or endangered species of plants? _ X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ X d. Reduction in acreage of any agricultural crop? _ X *Please Note: "S" is for significant; 'r is for insignificant. 3 *S *I 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? _ X b. Reduction of the numbers of any unique, rare or endangered species of animals? _ X C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ X d. Deterioration to existing fish or wildlife habitat? _ X 6. Noise. Willthe proposal result in: a. Increases in existing noise levels? _ X b. Exposure of people to severe noise levels? _ X 7. Light and Glare. Willthe proposal produce new light or glare? _ X 8. Land Use. Willthe proposal result in a substantial alteration of the present or planned land use of an area? _ X 9. Natural Resources. Willthe proposal result in: a. Increase in the rate of use of any natural resources? _ X 10. Risk of Upset. Willthe proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X 11. Population. Willthe proposal alter the location, distribution, density, or growth rate of the human population of an area? _ X *Please Note: "S" is for significant; "I" is for insignificant. 4 *S *I 12. Housing. Willthe proposal affect eldsting housing, or create a demand for additional housing? _ X 13. Transportation/Circulation. Willthe proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? _ X C. Substantial impact upon existing transportation systems? _ X d. Alterations to present patterns of circulation or movement of people and/or goods? _ X e. Alterations to waterborne, rail or air traffic? _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ X 14. Public Services. Willthe proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? _ X b. Police protection? _ X C. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? _ X 15. Energy. Willthe proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon eadsting sources of energy, or require the development of new sources of energy? _ X *Please Note: "S" is for significant; "I" is for insignificant. 5 *S *I 16. Utilities. Willthe proposal result in a need for new systems, or substantial alterations to utilities? X 17. Human Health. Willthe proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X b. Exposure of people to potential health hazards? _ X 18. . Aesthetics. Willthe proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ X 19. Recreation. Willthe proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ X 20. Cultural Resources. a. Willthe proposal result in the alteration of the destruction of a prehistoric or historic archaeological site? Archaeological survey will be conducted. X b. Willthe proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Building not listed on any historical register. _ X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ X d. Willthe proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? _ X *Please Note: "S" is for significant; "I" is for insignificant. 6 *S #I b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) _ X C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) _ X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III. Discussion of Environmental Evaluation. (see attachment) IV. Determination: On the basis of this Checklist and Environmental Evaluation: find that the proposed project COULD NOT have a significant u effect on the environment, and a NEGATIVE DECLARATION will be prepared. n I find that although the proposed project could have a significant u effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. r1 I find the proposed project MAY have a significant effect on the u environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date igna Reviewed By: VLG:vljz c:\rte4-p-h3\hwy4.chk (rev?/9 c:\rte4-ph3\hwy4.chk Note: "S" is for significant; v, is for insignificant. ENVIRONMENTAL EVALUATION State Route 4 Widening - Phase 3; from Empire Avenue to Vintage Parkway The project consists of widening State Route 4 between Empire Avenue and Vintage Parkway in the Oakley area. The road will be widened from the existing two lanes to four 12 foot lanes with 10 foot to 12 foot shoulders and 4.5 foot wide sidewalks. New sidewalks will be installed only where there is existing development without frontage improvements or where existing sidewalks are in the wrong place. The vacant undeveloped parcels will be required to install sidewalks when they are developed. A raised landscaped median with left turn lanes will be provided in some sections of the project. A traffic signal will be installed at the Teakwood Drive intersection and the timing of the signal will conform to an existing traffic signal at Empire Avenue and a new traffic signal to be installed next year by a developer at the Vintage Parkway intersection. Road right-of-way widths will vary to retain all the existing improvements (e.g. curbs, sidewalks & soundwalls) at several locations within the project limits and to minimize the project's impacts. Right-of-way must be acquired from approximately 25 parcels. Overhead and underground utilities will also have to be relocated. In the process of preparing the Checklist and conducting the evaluation, the following resources were reviewed: 1. Contra Costa Resource Mapping System 2. The County General Plan and EIR on General Plan 3. "Draft" Oakley Redevelopment Plan Environmental Impact Report 4. Negative Declarations prepared for Phase I and Phase II of SR4 widening 5. Records Search - Prehistoric & Historic Cultural Resources - Sonoma State University 6. Caltrans Standard Specifications 7. Rare Find - California Natural Diversity Data Base 8. Regional Transportation Improvement Program 9. Transportation Improvement Plan 10. Caltrans Route Concept Report 11. Landscape Guidelines for the Community of Oakley 12. Highway Design Manual 13. Hazardous Materials Assessment - Phase I 1. Earth (A - G) The project consists of the widening of State Route 4 from Empire Avenue to Vintage Parkway (see Figure 2). The minor grading of the surface will not result in unstable earth conditions, nor increase the exposure to geologic hazards. The County Resource Mapping System did not identify any unique geologic features or watercourses near the site. According to the County Resource Mapping System, Delhi Sand is found in the project area. The project will temporarily increase the exposure of the sand to wind erosion during the construction phase, but this impact is minor and temporary.Adherence to standard dust control and erosion control practices including, but not limited to general watering of exposed areas and/or use of chemical stabilizers will avoid this impact. These measures shall be incorporated into the construction contract. 1 Environmental Evaluation State Route 4 Widening - Phase 3 January 15, 1993 2. Air (A - C) During construction of the project, machinery and vehicles will emit exhaust fumes and objectionable odors which will temporarily deteriorate air quality at the project site. To minimize this impact,contract specifications shall stipulate the use of properly tuned and muffled equipment. Air quality impacts will also be reduced by eliminating unnecessary idling of machines when not in use. These measures could reduce construction period emissions by up to 50 percent. Implementation of dust control practices noted in #1 --Earth (A - G), will also avoid air quality impacts. Traffic congestion results in vehicles stopping,starting and idling, rather than traveling at a constant speed. This project will reduce congestion and, in turn, reduce vehicle emissions. The project is included in the Transportation Improvement Program (TIP) and the Metropolitan Transportation Commission has determined that no air quality studies will be required for this project. 3. Water (A - I) According to the Contra Costa Resource Mapping System, the project site is not in a floodplain or wetlands area. Additionally,there are no watercourses or flows in the project area that could be altered, impaired or discharged into. Two underground storage tanks were identified along the alignment by the consultants in the Phase I environmental assessment. If a release h occurred from this tank both soil and groundwater near the alignment may be impacted. Secondary environmental concerns in the project area are.the residual pesticides within surface soils (due to past agricultural usage) and background contaminants associated with roadway use since SR4 has been in use since the early 1900s. Phase II environmental assessment shall be performed and if contamination is found, either the area shall be avoided or remedial measures shall be taken such as removal of tanks and contaminated soils, thereby mitigating the impact. Water flow will not be impaired as a result of project improvements. . If water is used to minimize dust during construction, conservation measures will be employed as per County Ordinances # 91-24 and reiterated in #92-20.The curb to curb width will be increased by approximately 44-54 feet. Additional runoff created by the road widening project will be mitigated by constructing curbs with gutters to convey runoff to existing drain lines. Drainage Area 29 C Line G will receive runoff from the west end of the project and Line A will receive runoff from the center of the project. Runoff from the east end of the project will be discharged into Drainage Area 29D Line AA. 4. Plant Life (A - B, D) The County Resource Mapping System, field review and Rare Find showed no unique, threatened, or endangered species of plants in the project area. The land use in the project area consists predominantly of single family homes and undeveloped parcels.The plant life in the single family area is typical of that associated with single family developments and the undevelop 2 Environmental Evaluation • State Route 4 Widening - Phase 3 January 15, 1993 parcels have weedy species. The road widening will result in the removal of landscaping at various parcels and several trees from an orchard which is not a significant impact. (C) The landscaped median proposed in portions of the project area is similar to that installed for Phase I.The proposed landscaping is consistent with the "Landscape Guidelines for the Community of Oakley". 5. Animal Life (A-D) The project will not encroach upon habitat of any unique, threatened or endangered species of animals according to the County Resource Mapping System, field review and Rare Find. The removal of the landscaping and several trees from an orchard will not have a significant effect on the environment since they do not provide habitat for any unique,threatened or endangered species of animals. At the southeast intersection of State Route 4 and Empire Avenue is a shopping center (see Figure 4). The remaining project area consists predominantly of residential and undeveloped parcels and there is no removal of fish or wildlife habitat. 6. Noise (A) The County Resource Mapping System for the project area indicate a noise range of 60-65 dBA for the year 1990. The dominant source of noise in the project area is traffic on State Route 4 itself. A lesser amount of noise is generated by traffic on cross streets - Empire Avenue and Oakley Road. There are no significant stationary sources of noise in the project area. A noise study was conducted by Environmental Consulting Services for the Phase I of SR4 widening- from Big Break Road to Empire Avenue. The Phase III widening begins at the point where Phase I ends i.e. Empire Avenue. The noise study computed the Ldn at 4 locations and determined that noise levels in the 70 to 80 dBA range (typical of locations close to high traffic volumes),therefore present maximum ambient noise levels exceed FHWA noise criteria. No noise- related mitigation of existing conditions is proposed. The Highway Design Manual and the County's General Plan Noise Element implementation measure requires a noise barrier to achieve a minimum attenuation of 5 decibels. Acoustical studies report that a change in noise levels of 3dBA or more is needed to be perceived by the normal human ear. The portion of the State Route 4 between Empire Avenue and Vintage Parkway has a number of driveways providing access to residences directly from the roadway making it impossible to construct a soundwall without gaps. The gaps in the soundwall reduce their effectiveness and they will not reduce existing noise levels by 5 dBA. Widening of the roadway is not anticipated to significantly change the noise levels (i.e., an increase of 12dBA or greater) within the project limits. As currently undeveloped or large-parcel residential properties develop, they will be required to provide access from side streets and soundwalls will be required at that time. Under these 3 Environmental Evaluation • State Route 4 Widening - Phase 3 January 15, 1993 circumstances, unbroken soundwalls can be constructed. The newer developments along Route 4 have incorporated soundwalls in the development (see Figure 4 and Figure 5). B) In general, construction activities produce noise levels of 86 dBA at 50 feet which is well below the threshold of pain of 120-140 dBA. The best management practices noted in #2 - Air, will reduce construction noise levels and shall be incorporated as part of the construction contract. The contractor shall also consider erecting temporary plywood enclosures around stationary equipment or activity areas which produce excessive noise at nearby receptors. 7. Light and Glare The road widening project will include the addition of light fixtures in the sidewalk. Street lights will not be installed in front of vacant undeveloped parcels. The light fixtures will not produce any significant increase in light or glare to any of the residences nearby and will only improve the safety of the motorists and the pedestrians. The pavement width will increase secondary glare, but the landscaped median will screen head light glare, limit the view of pavement and provide a visual separation for motorists. 8. Land Use The existing land uses within the project limit consists of older single family homes, new sing. family subdivisions and vacant undeveloped parcels. To the north of SR4, the General Plan designates single family residential (5.0 - 7.3 units/acre). To the south of SR4, there is a combination of low multiple family residential (7.4 - 11.9 units/acre) and single family residential (5.0 - 7.3 units/acre). The area is within Subarea #2 of the unpublished Oakley Redevelopment Plan. The widening of the highway to four lanes is consistent with this plan and is incorporated in the Oakley Redevelopment Plan and the County General Plan along with other major road improvement projects. The project.will require acquisition of right of way(width varies) from approximately 25 parcels as shown on Figures 4, 5 & 6. The project involves the removal of one residence (APN:037-150-007) located on a County-owned parcel near Vintage Parkway (see Figure 6).The removal of one single family.home out of a total of approximately 30 single family homes that are along the highway is not a significant impact. 9. Natural Resources Implementation of the project will involve the use of paving materials (i.e. asphalt) which will not significantly impact this resource. The use of oil and gasoline to operate the machinery for construction purposes is negligible and of a short term, temporary nature. The temporary 4 Environmental Evaluation State Route 4 Widening - Phase 3. January 15, 1993 expenditure of resources will end with the completion of the project. It is likely that when the project has been completed the long term use of gasoline and motor oil will be reduced due to the more efficient flow of traffic. County ordinances regarding the conservation of water as noted in #3 - Water (A - I) will apply. Best management practices noted in #2 - Air will also minimize the consumption of natural resources. 10. Risk of Upset (A) Standard construction safety practices will be followed during construction to ensure no accidental release of hazardous substances or increase the potential for exposure to these substances.The USGS Brentwood Quad sheet with its respective No.7 Pipeline Transmission Lines and Wells Overlay from the Community Development Department showed only the presence of a major power line in the vicinity of the project area which will be relocated since the County has prior rights. A Phase I environmental assessment was conducted by Subsurface Consultants, Inc. in September 1992. The study did not identify any active gas or oil wells within 2000 feet of the project area. An exposed natural gas pipeline was observed just west of 2920 Main Street (Figure 6). Two underground storage tanks were also identified along the alignment: (1) at 100 Brock Lane approximately 10 feet north of the proposed alignment, and (2) at 2683 Main Street about 200 feet south of the proposed alignment (Figure 4). Construction activities, such as trenching and excavation of the top 3 feet of soil, could disturb potentially contaminated soils. However, mitigation measures, such as avoiding the area (so as not to disturb potentially contaminated soils) by alignment modifications, removal of tanks and/or contaminated soils, or on-site treatment to deodorize and decontaminate soils (through a thermal oxidation process for example) shall occur upon confirmation of contamination by the County's Phase II environmental assessment. With these measures, potential hazardous materials impacts would not be significant. (B) The project has the potential of interfering with an emergency response, but emergency response agencies in the area shall be notified prior to the onset of construction and any road closures. During construction, it will be necessary to close lanes and shift traffic. This impact will be mitigated by installing sufficient signs warning about the construction and work hours will be restricted as mentioned in #13 - Transportation/Circulation (C & D). 11 & 12. Population & Housing The road widening will not, of and by itself, alter the location, distribution, density, or growth rate of human population in the area as the project is consistent with the County General Plan. The widening of the road does not involve the relocation or removal of any structures other than one structure that is owned by the County, as noted in #8 -Land Use. 13. Transportation/Circulation (A & B) Widening of State Route 4 will not generate additional traffic except during construction when vehicles associated with those activities will utilize the local street system. Based on field reviews, there are no parking facilities in the limits. The project will not create a demand for new parking since the project does not change any land use as noted in #8 - Land Use. 5 Environmental Evaluation State Route 4 Widening - Phase 3 January 15, 1993 (C & D) The project will have a temporary impact on the existing transportation system since it will be necessary to close lanes and shift traffic during construction. This impact will be mitigated by installing sufficient sips warning about the construction. No work which could interfere with commute traffic on SR4 shall be performed between 5:00 a.m. and 8:30 a.m., nor between 4:30 p.m. and 6:30 p.m. During non commute hours two lanes shall be kept open. The road widening project is consistent with the Regional Transportation Improvement Program, adopted by the Metropolitan Transportation Commission; the Contra Costa County transportation planning goals and the Caltrans Route Concept Report. A left turn lane is proposed at the intersection of SR4 and Gardenia Avenue. However, the parcel to the north of SR4 at this intersection is undeveloped at this time and no access is required to the parcel. The left turn lane will be striped off and will not be used until the parcel to the north is developed. (E & F) The project will not alter waterborne, rail or air traffic as no water, rail or air transportation and facilities are located in the immediate vicinity of the project area. Every feasible measure will be taken to ensure the public's safety while construction is ongoing per Sections 7-1.08 & 7-1.09 of Caltrans Standard Specifications entitled Public Safety. The project when completed will increase the safety of the pedestrians because of the addition of sidewalks and a traffic light at the intersection of SR4 and Teakwood Drive. . 14. Public Services (A- D, F) The road widening will not increase the need for fire or police protection, schools, paras or other governmental services. (E)The road improvements will require periodic maintenance which will be performed by Caltrans. 15. Energy (A- B) Minor amounts of non-renewable fuel resources will be consumed during construction,but this is a'*short-term, temporary impact. This impact will be reduced to an insignificant level by eliminating unnecessary idling of machines when not in use and by using properly tuned equipment as mentioned in #2 - Air (A - C) and #9 - Natural Resources. 16. Utilities The project will result in the relocation of phone, cable T.V., and overhead electric lines. Underground water and sewer lines also will be relocated. All relocation activities shall be coordinated with the appropriate utility agencies to minimize any significant impact on the environment. 17. Human Health (A & B) The proposed project has the potential to release hazardous substances due construction. Potential health hazards due to accidental petroleum spills will be minimized by following best management,practices noted in #10 (A) - Risk of Upset. Air quality which could affect human health can be minimized by the measures noted in #2 - Air and #6 - Noise. 6 Environmental Evaluation State Route 4 Widening - Phase 3 January 15, 1993 Three sites adjacent to the proposed alignment may contain contaminated soils which could pose a health hazard if exposed during construction activities, such as trenching and excavation of the top 3 feet of soil. However, the mitigation measures described in #10 (A) and the use of dust suppression techniques as noted in #1 (A - G) would reduce the risk of exposure to a non- significant level. 18. Aesthetics No negative long-term aesthetics will result from the project. The sight of construction equipment may be visually unattractive, but this is a minor and short term impact lasting approximately four months. The landscaped median proposed in portions of the project area will provide an aesthetically improved environment. 19. Recreation No recreational opportunities will be impacted due to this project since the County Resource Mapping System and the field review did not identify any recreational opportunities in the project area. 20. Cultural Resources (A-D) No historical or archaeological sites exist in the project vicinity according to the County Resource Mapping System. The California Archaeological Inventory at Sonoma State University has performed a records check for Cultural Resources.They indicated that there is a low possibility of prehistoric and historic cultural resources and that further study was not recommended. 21. Mandatory Findings of Significance (A-D) Due to construction equipment, air quality will be temporarily degraded at the project site. However, no permanent long term impacts will result (see #2 - Air). There are no cumulative impacts associated with the project. No endangered species of plants or animals are within the project area. There will be no encroachment upon any habitat or elimination of any animal, fish,' or wildlife community (see #4 & 5 - Plant and Animal Life). Measures shall be taken which avoid or remediate contaminated soils (see #10 - Risk of Upset). In addition, there will be no adverse environmental effects on human beings (see #17 - Human Health). V\r e4-ph3\hwy4.sum 7 t11,Ii.�i•.W t.'..i. — - .... .__.��.t _t I is .,.. /, , •.L _._•,} Q � � via a 1.is cir .2 .......... ....... 4. .4 IL POOARVOA 4 X103 POOlv.n j,° - x 4c ...... 'tiff..w�• .�, � ,. t f � K ' 1 � L•.c ► ..�,. f w 090-C?I-LEO :Ndd ; j w r, fr e 1 ! t x ' " rIL Ck Rol.I. 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NAME:-�6 e L PHONE: A-171 - 7/8 ADDRESS: YIS D CrIY: I am speaking formyse OR ;c �q MS Check one: (NAME OF ORGANIZATION) &es2p rvJq„J s I wish to speak on Agenda Item # My comments will be: general for - against I wish to speak on the subject of S I do not wish to speak but leave these comments for the Board to consider. fiyyze .e z e , z Z2�1 Iq �,e�<sel ,6Q,ok- TP SPGRs 1. Deposit the "Request to Speak form (on the reverse side) in the box next to the speakers' microphone before your item is to be considered. .2. You will be called to make your presentation. Please speak into the microphone. 3. Begiri,`ly stating'your name and address: whether;you .are speaking 'for yourself or as a representative of an organization. 4..' Give.the.Clerk a.copy of your presentation or support documentation, if available. 5. Please limit your,presentation.-to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.) N O '. - 1 3 - Z F- K 1 1 � _ DENNIS BARRY REAL ESTATE SERVICES 4130 CANYON ROAD LAFAYETTE, CA . 94549 PHONE: 510-284-7115 FAX : 510-284-7116 R . Mitch Avalon Contra Costa County Public Works Department 255 Glacier Drive Martinez , Ca . 94553 November 13, 1992 Re: Rodrigues Property North West Corner Vintage Parkway and Highway 4 Dear Mr . Avalon ; I refer to vour letter of August 28, 1992 and also your letter of July 28 , 1988 . On November 19, 1992 , Cecilia Rodriques will be present at a court hearing which could possibly be the last time that she will ever be able to call attention to matters which the Hofmann Company has never addressed . Also there are some very important questions which arise frora the pending construction of the signal light at the intersection and the ancillary modifications and widening which will take place on Highway 4 in front of the Rodrigues house . The plans show an acceleration lane which angles from the corner to a point just beyond the front door of the front entrance . As shown on the enclosed plan , the slope easement actually is on the front steps. I have enclosed a sketch which shows an alternate driveway access from Vintage Parkway at a point directly across from the entrance to the Centro Mart . While the ingress and egress is perhaps more acute with respect to the distance from the intersection to the existing driveway , curb cuts and driveways were provided to both properties on the east side of the parkway but not on the west side . 1, page 2 No matter what future plans will call for on the Rodrigues property , the only feasible entrance from Vintage Parkway will be at the location shown on the aforementioned sketch . We would appreciate it , if you can let us know before the 19th court date , whether or not this alternate driveway entrance could be provided at the time of construction of the signal light . It would seem only fair that this access be provided as it was across the Parkway . As it stands , Mrs . Rodrigues has been left with a vertical wall. , a street light and a storm water inlet exactly were the only feasible entrance would be . While the vertical wall will be addressed at the court hearing on November 19th , these items and those to be mentioned below will not be . It is very important that you try to give us some insight as soon as possible . As you know, the condemnation trial tools place over two and a half years ago , however the juries decision has been appealed and Mrs . Rodriques will not know the outcome for some time . In any case, there is no provision for severance damages to reimburse the property owner for the matters mentioned here , so they can only be resolved , by the County requiring the developer to take care of them. You have mentioned previously that a caution light would be required on Vintage parkway . Will that be installed at the time that the signal light is built? Specifically with reference to your letter of July 28 , 1988 : 1 . The property corners have never been set and Mrs . Rodrigues is not aware of the location of the property lines as they stand after the condemnation . 2 . Dave Lennon never had his foreman contact Cecilia to ask where to locate a water meter . The water maim is now on the hast side of Vintage Parkway and it is unsure whether a service line could be brought to the west side . 3 . There should be a lateral and a field drain installed when the curb is extended to the west so that the low area at the corner of Mrs . Rodrigues ' property can drain into the storm system . Presently it floods during heavy rains . 4 . A sewer line , a water line, an electrical supply and other utilities , ran the 800 feet , more or less from Highway 4 to the rear of the property , down the east property line , dating back to 1950. 3 - 92 FFR: I 1 - 1 P P . 04 page 3 Severance from the utilities and flood control have not been handled here in such a way that I can evaluate it for Mrs. Rodrigues. When water sits on the corner of the property, and does not get into the storm system, it seeps into the ground and makes it ' s way into the basement of the house. This is a final effort to try and provide Cecilia with the answers to some of these questions . I sincerely hope that you can give us a response by the first of the week. Your prompt reply would be appreciated . fVery yTTruly Yo , Dennis Barry cc Cecilia Rodrigue 050 Main St . Oakley , CA . $4561-