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MINUTES - 04211998 - C1-C5
TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, Public Works Director DATE: April 21, 1998 SUBJECT: Approve Project, Plans and Specifications and Advertise for Bids for the 1998 Slurry Seal Project in the West, Central & East County Areas. Project No. 0672-6U2172 CDD-CP#98 -36. Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDED ACTIQN: APPROVE Project, Approve the Plans and Specifications and Advertise for bids for the Project and DETERMINE that the project is a California Environmental Quality Act Class 1c Categorical Exemption, and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. ADVERTISE for bids to be received on Tu y, May 26, 1998 :00'p.m. Continued on Attachment: SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR - _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON April 21, 1998 APPROVED AS RECOMMENDED VOTE OF SUPERVISORS X UNANIMOUS (ABSENT } AYES: NOES: ABSENT: ABSTAIN: MS:drg i hereby certify that this is a true and correct g:ldesignlbo198slurry seal copy of an action taken and entered on the Orig.Div: Public Works(Design) minutes of the Board of Supervisors on the Contact: Mike Schulte(313-2178) cc: County Admin.E.Kuevor date shown. April 21, 1998 Auditor-Controller Community Development ATTESTED: PW Accounting Construction PHIL BATCHELOR, Clerk of the Board Road Engineering of Supervisors and Co qty dministrator By 1 Deputy ............. ......... ......... ._....... ......... ......... ........__. 11.11 __ _. ......... ......... ......... ......... ......... 6/ SUBJECT: Approving Plans and Specifications for the 1998 Slurry Seal Project, West, Central & East County Areas. DATE: April 21, 1998 PAGE: 2 11. FINANCIAL IMPACT: The estimated contract cost of the project is $394,000, funded by RoadFunds (100%). 111. REASONS FOR RECOMMENDATION/BACKGROUND: The project is needed to extend the service life of the roadways. The project has been determined to be in compliance with the General Plan and is exempt from CEQA because it is minor alteration to an existing facility. The Public Works Director has filed with the Board of Supervisors the Plans and Specifications for the project. The general prevailing rates of wages,which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board and copies will be made available to any interested party upon request. IV. CONSEQUENCES OF NEGATIVE ACTION: If the project is not approved for advertising, it will not be constructed. CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT #0672-6U2172 CP# 98-36 PROJECT NAME: 1998 Slurry Seal Project PREPARED BY: Janet Frattini 6S DATE: April 1, 1998 APPROVED BY: ._ DATE: , t Z' /f--Is RECOMMENDATIONS: (✓) Categorical Exemption (Classic) ( ) Negative Declaration ( ) Environment Impact Report Required { ) Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The proposed project consists of the minor alteration of an existing facility that will restore the structural integrity to the road surface. Three sites will receive treatment and all work will occur within the existing right-of-way. The repairs will not involve an expansion of use beyond that previously existing. No removal of a scenic resource will occur as a result of the project. What changes to the project would mitigate the identified impacts . NIR USGS Quad Sheets Las Trampas, Richmond, Woodward Island Base Map Sheets# H6, M29, R15, Parcels # NIA GENERAL CONSIDERATIONS: 1. Location: Three sites will receive slurry seal treatment. Site 1 is located in the Manor Road/Hilltop Drive area of West County, Site 2 is in the Danville Boulevard area of Central County, and Site 3 is in the Discovery Bay Boulevard area of East County (Figures 1 & 2). 2. Project Description: The project consists of applying a road surface treatment (slurry seal) to approximately 443,000 square yards of roadway in three separate locations in the county. The surface treatment extends the life of the existing pavement and reduces deterioration by seating the surface from air and moisture. The amount of slurry seal to be applied to the roadway varies per site. Site 1 will use approximately 78,000 square yards, Site 2 approximately 112,000 square yards, and Site 3 approximately 253,000 square yards. 3. Does it appear that any feature of the project will generate significant public concern? [] yes [✓] no [] maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [] yes [✓I no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? Yes, the West County site is in the Richmond Sphere of Influence. h Acatex m ptls t u r rysea L 98 (Rev 2197) ............._. 1.11.1 _ ........ ........_... ......... ......... ......... ._....... ......... .._ ......... ......... ......... ......... ................. .... .. ....................................................,....r.................. FIGURE 1 Z o z Li m w a � z d 0 ® � LL -- m w W < z " d • < ~ a o c z u7 co 0U 77 < 0o < LiQ ~ • (.) 0 L F- <--i L.- J z Lj LJ < < w � 7 0 � - � •� C < Q c� Z Li L � I- 0 W. L. V C) • 0 ?_ z _j C < M. W 0 Gr ---`. FIGURE 2 CONTRA COSTA COUNTY PUBLIC WORK DEPARTMENT F� 1998 SLURRY SEAL PROJECT N0. 0672-6U2172-98 Site Map y SITE 1 a a .t L\ � `. �,� �we£,�� ``��'� ircz •. j�, \`YCE ,��.. tie J��� �.,y',,r y�Vt--i` . ''� xZ yk,z: \ �s..,t ...- `�. `,r, 3a�1/�'�r'•.�� _ _____._. er�Mrroed I aAy1 SITE — SITE 3 i f NOT TQ SCALE CommunityLJLJ�Contra Dennis M.Bury,A1CP Development Interim Community Development Director partment Costa County Administration Building bounty 651 Pine Street �� o 4th Floor, North Wing k Martinez,California 94553-0095 Phone: 335-1235 a�►r� April 2, 1998 County File #CP 98-36 Attention: Public Works Department Janet Frattini-Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CE!98-26, 19519 Slurr_y__.__Ual Prplact in theCotta County area_ In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970 (CEOA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: (x) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. W) The project is categorically exempt (Class—ic..). ( } The CEOA requirements are accommodated,by the EIR previously prepared for () A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department (unless appealed). (} Other: General Rule of Applicability [Section 15061 (b)(3)]. ( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. ( } The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter). i ) A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional information requested is received by the Community Development Department. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (610) 335-1210. Sincerely yours, Dennis M. Barry, AICP Community Development Director 7.. :gms shl`t V Office Hours Monday-Friday:8:00 a.m.-5:00 p.m. Office is closed the 1 st,3rd&5th Fridays of each month CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person:Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: , County File #CP98-36; 1998 Slurry seal Project : Project Description: The project consists of applying a road surface treatment (slurry seal) to approximately 443,OGO square yards of roadway in three separate locations in the county. The square footage of slurry seat varies per site. Site 1 will use approximately 78,000 square yards, Site 2 approximately 112,000 square yards, and Site 3 approximately 253,000 square yards. The surface treatment extends the life of the existing pavement and reduces deterioration by sealing the surface from air and moisture. Project location: Three sites will receive slurry seal treatment. Site 1 is located in the Manor Road/Hilltop Drive area of West County, Site 2 is in the Danville Boulevard area of Central County, and Site 3 is in the Discovery Bay Boulevard area of East County. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) — Other Statutory Exemption, Section_ Declared Emergency(Sec. 15269(0)) — General Rule of Applicability(Section 15061(b)(3) _ Emergency Project(Sec. 15269(b)or(c)) ✓ Categorical Exemption, 1c for the following reason(s): The proposed project consists of the minor alteration of an existing facility that will restore the structural integrity to the road surface. Three sites will receive treatment and all work will occur within the existing right-of-way. The repairs will not involve an expansion of use beyond that previously existing. No removal of a scenic resource will occur as a result of the project. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Janet Frattini County Clerk Fee$25 Due H:1noe'slsl uryseal98.noe _ ......... ......... ..._..._. ......... _. . . ._....... ......... ......... ......... .._...... ......... ......... ......... ..._.... ......... ......... TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: APRIL 21, 1998 SUBJECT: FORMER SOUTHERN PACIFIC TRANSPORTATION COMPANY RIGHT OF WAY, DANVI'LLE AREA Project No.: 4585-6G5575 SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE the Subordination Agreement between the County and the Central Contra Costa Sanitary District and AUTHORIZE the Board Chair to sign the Agreement on behalf of the County. DIRECT the Real Property Division to have the above-referenced document recorded in the Office of the County Recorder. B. APPROVE and AUTHORIZE the conveyance of an easement to the Central Contra Costa Sanitary District over the property described in Exhibit A attached hereto, pursuant to Government Code Section 25526.6, FIND that the conveyance of such easement is in the public interest and will not substantially interfere or conflict with the County's use of the property and AUTHORIZE the Board Chair to execute the Grant of Easement on behalf of the County. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. f, Continued on Attachment:�„cSIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON April 21, 1998 APPROVED AS RECOMMENDED x VOTE OF SUPERVISORS X UNANIMOUS{ABSENT AYES: NOES: } I hereby certify that this is a true and correct AYcopy of an action taken and entered on the ABSENT: ABSTAIN: DLC3:glo minutes of the Board of Supervisors on the G:1GrpData\Rea€Prop198-41Boa20-1.wpd date shown. April 21, 1998 Orig.Div: Public Works(R/P) ATTESTED: Contact: Donna Dawkins(313-2224) PHIL BATCHELOR, Clerk of the Board cc: County Administrator of Supervisors and Cmy Administrator P.W.Accounting Deputy Recorder(via R/P) By ., '�..._ .... .. ....... ...._... . .._...... ......... ......... ......... ...................................... _...... ......... ......... ......... ......... ._.................................................._.........................._.............._.. SUBJECT: FORMER SOUTHERN PACIFIC TRANSPORTATION COMPANY RIGHT OF WAY, DANVILLE AREA Project No.: 4585-505575 DATE: APRIL 21, 1998 PAGE: .2- II. Financial Impact: This action is necessary to complete settlement of litigation previously authorized by the Board on December 2, 1997. A copy of the Settlement Agreement and Mutual Release is on file with the Public Works Department, III. Reasons for Recommendations and Background: This is to correct a title dispute between the County and Southern Pacific as to the County's easement rights over a portion of the former Southern Pacific Right of Way purchased by the County from Southern Pacific in 1985. This action will insure the priority of the County's easement over that of the Sanitary District and will give the District the easement rights they desire to cover the pipeline that was installed in the County's easement pursuant to prior agreement with the Sanitary district. IV. Consequences of Negative Action: The County's easement rights will not be insured and a cloud may remain over the priority of the County's easement over the District's easement. . . .................................................................................................................................................................................................. ......... ..._....... ......... ._....... .......... ...._....... ._........ .. ........... ._........ ............ ....._....._........... EXHIBIT A PERMANENT EASEMENT REAL PROPERTY in the town of Danville, county of Contra Costa, state of California described as follows: PARCEL 48 Portion of the parcel of land described in the deed to Southern Pacific Transportation Company, formerly the Southern Pacific Railroad Company recorded on October 2, 1891 in Book 60 of deeds at page 402, Contra Costa County Records (60 D. 42) lying within a 15 foot wide strip of land the centerline of which is described as follows: Commencing at a standard monument at the intersection of the centerlines of School Street and Hartz Avenue as shown upon the map entitled "A Precise Section of the Streets and Highways Plan, Contra Costa County, San Ramon ValleyBoulevard and Hartz Avenue " recorded on October 24, 1966 in Book 5230 of Official Records of said county at page 517 (5230 O.R. 517); thence along the centerline of Hartz Avenue north 51 ° 45' 29" west 720.01 feet (north 51° 45' 33" west 720.00 feet - record) to a similar monument at the intersection of the centerlines of Short Street and Hartz Avenue as shown upon said map (5230 O.R. 517); thence leaving said centerline south 76° 25' 52" west 576.63 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 51 a 38' 43" east 106.58 feet; thence south 420 30' 29" east 270.45 feet; thence south 51" 43' 29" east 949.06 feet; thence south 67° 39' 24" east 315.27 feet to a point on the centerline of San Ramon Valley Boulevard as shown upon Sheet 12 of Record of Survey No. 2083 filed on August'8, 199 in Book 105 of Licensed Surveyors Maps at page 31 (105 L.S.M. 31), said point bears south 0° 59' 35" west 14.04 feet along said centerline of San Ramon Valley Boulevard from a standard monument on the centerline of the former Southern Pacific Right of Way as shown upon said map (105 L.S.M. 31). Lengthening or shortening the sidelines of said 15 foot wide strip of land to meet at angle points. �• z v 1 { � It No.5265 Safi C �t�o C:\MyFUeslwpdoca19902.048 A.P.N. 208-340-004 Exhibit A DP 9902-PCC 48 Page 1 of 2 5PTC October 10, 1997 EXCEPTING THEREFROM all that portion of the above described 15 foot strip lying northwesterly of the southeasterly line and its southwesterly projection of Parcel Nine described in the deed to Town of Danville Civic Improvement Corporation recorded on May 11, 1992 in Book 17492 of Official Records of said county at page 799 (17492 O.R. 799) and all that portion of said 15 foot strip lying within San Ramon Valley Boulevard as shown upon above referenced Record of Survey No. 2083 (105 L.S.M. 31). Bearings and distances are based on the California Coordinate System, Zone Ill (CCS27). Multiply distances by 1 .00009450 to obtain ground distance. C:%MyRWwpdocsk9902.048 A.P.N. 208-340-004 Exhibit A OP 9902-PCL 48 Page 2 of 2 SPTC October 10. 1997 .................................................................................................................................................................................................... __. ......... ......... ......... ......... ......... .._......................._............................................................_........... Recording Requested By: Central Contra Costa Sanitary District And when Recorded Mail to: Central Contra Costa Sanitary District 5049 Imhoff Place Martinez, CA 94553 Attn: Purchasing Portion of Assessor's Parcel No. 708.340-004 GRANT OF E01%,W VT THIS AGREEMENT, made and entered into this day of 9998, by and between Contra Costa County, a political subdivision of the State of California ('"Grantor"), and Central Contra Costa Sanitary District, a public corporation organized and existing under the laws of the State of California ("Grantee"), WITNESSETH: THAT the Grantor, fora good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, hereby grants to the Grantee and to its successors and assigns perpetual non-exclusive easements and right-of-way, as described herein and in Exhibit "A" for the purpose of constructing, altering, replacing, repairing, maintaining, and operating sanitary sewer pipelines and appurtenances, as the Grantee may see fit, in, under, along, and across that certain real property described in Exhibit ""A" WITH respect to the exercise of the rights herein granted, the parties hereto agree as follows: 1. The Grantor grants to the Grantee non-exclusive"Surface Access Easements"providing the Grantee the right to use the ground surface of the real property described in Exhibit "A" for all purposes necessary and ancillary to constructing, altering, ',replacing, repairing, maintaining, and operating sanitary sewer pipelines and related sewer facilities, including, but not limited to, access for pedestrians, vehicles, and equipment of all varieties. 2. The Grantor grants to the Grantee "Sub-Surface Facility Easements" as particularly described in Exhibit"Kwhich provides to the Grantee the right to construct, alter, replace, repair, maintain, and operate underground sewer pipelines and related sewer facilities in such configurations and in such sizes as determined by the Grantee. The Grantee shall enjoy full use of the easement as provided for herein. 3. Both the "Surface Access Easements" and the "Sub-Surface Facility Easements" are perpetual and non-exclusive. However, any "Sub-Surface Facility Easements"granted by the Grantor to any"user"other than the Grantee subsequent to this Grant of Easement and which overlap or overlay the "Sub-Surface Facility Easements"as described in Exhibit "A," shall require the"user"of the subsequent easement to enter into a common use agreement with the Grantee, approval of which shall not be unreasonably withheld, which shall contain, at a minimum, the following provisions: 1 ''I'll''...I.......11............................................................................................................................................................................. .......................................................................................................................................................... ......... a. The"user'shall remove or relocate their facility in a timely manner and at no cost to the Grantor or Grantee as reasonably necessary to accommodate the Grantee's right to construct, alter, replace, enlarge, repair, maintain, and operate the Grantee's pipelines. b. When the Grantee determines to undertake a project which shall necessitate the removal or relocation of the"users"facility within the Grantees "Sub-Surface Facility Easement,"the Grantee shall notify the"user'"of the need to remove or relocate said facility. The "user" shall submit a removal or relocation plan to the Grantee within thirty (30)calendar days of receipt of notice to do so. The Grantee shall review and comment on the plan within thirty (30) calendar days of its receipt. The "user' shall modify the plan to incorporate the Grantee's comments and resubmit the plan for Grantee's approval. The approval by the Grantee shall not be unreasonably withheld. C. Any damage done to the Grantee's facilities by the "user' shall be repaired by the Grantee and all costs shall be paid for by the"user." The""user";shall provide a bond or other surety acceptable to Grantee on or before the execution of the common use agreement by the Grantee, in a sufficient amount to the Grantee as a guarantee that the "user" shall remove or relocate their facilities upon notification to do so by the Grantee. d. The "user' shall defend, indemnify, save and hold harmless the Grantee and its officers and employees from any and all claims, costs and liabilities for any damages, injury or death arising from or connected with the performance hereof, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of I"user" or any other person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in the subsequent easement, save and except claims or litigation arising through the sole negligence or willful misconduct of the Grantee, who shall make good to and reimburse the Grantee for any expenditures including reasonable attorneys' fees, the Grantee may make by reason of such matters. "User"further agrees that the "user" shall save and hold the Grantee harmless from any and all damages arising out of inverse condemnation concerning such matters, save that the Grantee shall be responsible for a share of liability corresponding solely to the actual percentage of the cause in fact of the sewer facilities as deliberately designed and constructed. "User" further agrees to assume all joint and several liability for tort actions to the extent such liability exceeds the actual percentage of fault attributable to the actions of the Grantee and its officers and employees. 4. The construction of additional pipelines beyond those presently planned or the enlargement of the existing or planned pipelines shall be considered an expansion>of capacity. Prior to the Grantee's use of the easements described in Exhibit"A'"to expand capacity the Grantee shall submit plans or other appropriate documentation to the Grantor for approval. Approval shall be limited to a determination of interference of a permanent nature with the Grantor's use of the property as described in Exhibit "A". The approval by the Grantor shall not be unreasonably withheld. The Grantor shall provide comments to the Grantee in writing within 2 ,''''I'll........................................................................................................................................................................... ................................................................................................................................ thirty(30)calendar days if Grantor believes said expansion unreasonably interferes with the Grantor's use of the property described in Exhibit "A" as provided herein. 5. In the event either the Grantor or the Grantee undertake construction or any variety of excavation within the easements described in Exhibit 'Wor immediately adjacent thereto, said party shall reasonably notify the other party and give said second party thirty (30) calendar days to review whether the proposed construction or excavation may impact their facilities or operations. 6. The Grantor is considering among other things, the possibility of developing a transit use such as an exclusive busway or fixed guideway system which may require the Grantor's use of certain portions of the real property within the areas described in Exhibit "A" as the "Surface Amass Easement"and"Sub-Surface Facility Easement." The Grantor retains the right to the reasonable use of all of the real property described in Exhibit "A"as long as the use is compatible with the Grantee's easement rights as set forth herein. The Grantor's right to the reasonable use includes the responsibility of the Grantor to maintain at the Grantor's expense all real property under its control, as described in Exhibit "N', and any immediately adjacent real property owned by the Grantor. Compatible surface uses by the Grantor of the "Surface Access Easement" shall include, but not be limited to, landscaping, fences, surface parking, trails, roads, streets, other utility facilities specifically provided for elsewhere in this Grant of Easement, or other paved surfaces for an exclusive transit way. Uses which are not compatible shall include, but not be limited to, buildings with foundations, multi-leveled parking facilities, embankments or other permanent structures with foundations (except as provided for in the January 6, 19% Settlement Agreement and Mutual Release between Grantor and Southern Pacific Transportation Company and the Correction Deed Recorded on as document No. ) which would prevent reasonable access for maintenance and repair of the sanitary sewer facilities. The Grantor also considers as a compatible use the placement of noise or retaining walls within the property described in Exhibit "A". It is the intent of the Grantor not to locate the foundation of a permanent wall within twelve (12)feet, and under no circumstance closer than ten (10)feet, of the center line of the "Sub-Surface Facility Easement" as described in Exhibit"A". A wall which has the ability to be readily removed and replaced can be considered for use within the above limits. The Grantor also considers compatible uses of all of the property described in Exhibit "A" as including the placement of transit station facilities such as loading platforms (of a minimal nature)and canopies or the placement of rails at crossovers and transitions over the "Sub- Surface Facility Easement"as described in Exhibit"A", as long as all reasonable efforts are extended to minimize such overlay. The Grantor agrees that in no event shall the rails for such a system be located over the Grantee's pipeline for more than 300 uninterrupted feet. 3 .................................................................... . ...................................................................................................................................................................................................... _. .. ... ...... ..._..... ......... ......... ......... ._.................................................................................................. e'l1 7. The Grantor is considering among ether things, the possibility of developing a transit use such as an exclusive busway or fixed guideway system which may require the Grantor's use of certain portions of the real property within the areas described in Exhibit "A" as the "Surface Access Easement"and "Sub-Surface Facility Easement." The Grantee proposes to construct, alter, repair, replace, maintain, and operate future and existing sewer pipelines within the easements described in Exhibit "A". Special protective measures may be required for the Grantee's sewer pipelines. The Grantee shall determine and provide the necessary protective measures at the sole cost and expense of the Grantee as long as the Grantor's proposed transit use is located outside of the"Sub-Surface Facility Easement". If the Grantor elects to overlay the transit system on the "Sub-Surface Facility Easement" as provided for in Condition 6., then the Grantee shall determine if additional protective measures are necessary and the Grantor shall bear the full cost and expense of the installation of the additional protective measures. In the event the Grantors overlay of the transit system on the Grantee's"Sub-Surface Facility Easement" requires the relocation or reconstruction of the Grantee's pipeline, laterals, or other facilities, the Grantor shall be responsible for all costs associated with the relocation or reconstruction. The Grantee shall act as the lead agency in the relocation or reconstruction of the Grantee's sewer facilities. The Grantor shall reimburse the Grantee for all of Grantee's expenses incurred in such relocation or reconstruction. The Grantee shall hold the Grantor harmless to the maximum extent allowed by the law, from any and all claims, costs, and liability for any damages to the Grantee's pipeline, and consequential damage resulting therefrom, due to the Grantor's construction or operation of a transit system or other surface use, to the extent that said damage to pipeline was caused by Grantee's failure to design and construct said pipeline with the necessary protective measures consistent with the surface uses and construction of the facilities associated therewith as set forth in Condition Nos. 6. and 7. of this Grant of Easement. This hold harmless condition specifically shall not apply in any event where the damage to the pipeline or consequential damage therefrom results from the negligence of the Grantor or its contractor or any agent thereof, or from construction or surface uses inconsistent with the terms set forth in Condition Nos. 6. and 7. of this Grant of Easement. In the event that damage to the Grantee's pipeline occurs due to the joint negligence of the Grantor or its contractor or any agent thereof and the Grantee, by failure to design and/or construct said pipeline with the necessary protective measures, each party shall be responsible for said portion of the damages in direct relation to its share of actual fault. 4 8. The Grantee presently owns and operates several underground pipelines pursuant to existing agreements with the Southern Pacific Transportation Company within the real property described in Exhibit "A". The grantor shall grant to the Grantee easements for these pipelines similar to those described herein and as provided for in Exhibit"A" Upon conveyance of the easements for these existing pipelines the Grantee shall relinquish all former rights as established in said existing agreements. In exchange the Grantor recognizes the Grantee's prior existing rights to construct, install, maintain, and operate sewer pipelines and appurtenances which are contained in said existing agreements and the Grantor agrees that Grantor's existing property rights and the rights it may acquire in the future shall in effect be subordinate to the above menti"A"d prior existing rights of the Grantee. Further, the Grantee shall not be required to relocate its existing sanitary sewer facilities within these areas. 9. If the Grantee performs any work within the limits of the real property described in Exhibit "A" the Grantee shall restore the surface of the ground to its condition prior to the commencement of the work at the Grantee's sole cost and expense. 10. If the Grantee proposes to do work of a non-emergency nature which may interfere with the Grantor's operation of the transit system the Grantee agrees that, prior to start of that work the Grantor and the Grantee shall enter into an agreement providing a work plan and schedule which minimizes the effect of the work on the operation of the transit system. Interference shall be defined as any action requiring termination or limitation of revenue service and would include any excavation, interruption of propulsion power supply, or penetration of the transit corridor by construction equipment. The parties shall act in an expeditious manner to reach an agreement, and shall not unreasonably delay the Grantee from accomplishing said non-emergency work. In the event that either party identifies an emergency situation, said party shall notify the second party immediately of said emergency situation. Emergency;shall be defined as a situation which causes discontinuation of the operation of the Grantee's pipelines or of the operation of the transit service, or a situation which presents an immediate threat to the operation of the Grantee's pipeline or the operation of the transit service. An emergency shall additionally include any rupture, leakage or other damage to the sewer system which creates a present or an immediate threat of creating a health hazard or dangerous sanitation condition and where the hazard or dangerous condition cannot be corrected by immediate measures not affecting operations of the transit system thereby allowing for the permanent corrective measures on a non-emergency basis. In the event of an emergency situation, the Grantee shall not be responsible for any loss of transit revenue or other damages to the Grantor resulting from the inconvenience or interruption of service on the Grantor's transit system, so long as the Grantee makes every reasonable effort to immediately alleviate the cause of the emergency situation in a manner which minimizes the impact on the Grantor's transit system operation. 5 11. The Grantor and the Grantee shall require all contractors or contractors assigns who shall undertake construction on any portion of the real property described in Exhibit"A"to list the other party as an additional insured on the contractor's project policy and further require the contractor to indemnify both parties in a like manner. 12. The description of the easements contained herein are based on the best available information. When a more precise location of either existing or proposed pipelines has been determined by either field surveying or detailed engineering data, the Grantor and the: Grantee shall affect an adjustment (increase and/or decrease)to the easements provided for herein in order to produce the final easement as intended by this conveyance. 13. The Grantee shall defend, indemnify, save, and hold harmless the Grantor and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from or connected with the performance of this Grant of Easement and the design, construction, operation, and maintenance of all sewer facilities currently within or which may be constructed within the easements described in Exhibit"N', due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of the Grantee or any person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in Exhibit"K and any immediately adjacent real property owned by the Grantor, and shall make good to and reimburse the Grantor for any expenditures, including reasonable attorney's fees, the Grantor may make by reason of such matters. The'Grentee further agrees that the Grantee shall be responsible for any and all damages arising out of inverse condemnation concerning the design and construction of sewer facilities in existence or to be built within the easements described in Exhibit "A„ solely to the extent of the share of the damages proved corresponding to the Grantee's actual portion of the overall fault. The Grantor shall defend, indemnify, save, and hold harmless the Grantee and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from or connected with the performance of this Grant of Easement and the design, construction, operation, and maintenance of all surface and subsurface use facilities, solely or jointly owned or controlled by the Grantor, including the existing condition as well as the future maintenance of the surface of the real properties described in Exhibit 'Wand any immediately adjacent real property owned by the Grantor, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of the Grantor or any person under its control, including but not limited to liability arising from injury or death to members of the public using its real property, and shall make good to reimburse the Grantee for any expenditures, including reasonable attorney's fees, the Grantee may make by reason of such matters. The Grantor further agrees that the Grantor shall save and hold the Grantee harmless from any and all damages arising out of inverse condemnation concerning all the Grantor's activities occurring within the real property described in Exhibit "A" and any immediately adjacent real property owned by the Grantor, save that the Grantee shall be responsible for a share of the liability corresponding solely to its actual liability. 6 14. This Grant of Easement shall inure to the benefit and shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. CONTRA COSTA COUNTY CENTRAL CONTRA COSTA SANITARY DISTRICT' By: By: Cha(S, Board 6i Supervisors President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California State of California ) County of Contra Costa) on April 21, 1998 , before me, Phil Countersigned: Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared J].2n RObez'S personally known to me(or proved to me on the basis of Joyce E. Murphy satisfactory evidence)to be the person whose name is Secretary of the Central Contra Costa subscribed to the within instrument and acknowledged to Sanitary District me that he/she executed the same in his/her authorized capacity,and that by his/her signature on the instrument, the person,or the entity upon behalf of Approved as to form: which the person acted,executed the instrument. B 5Y� 1 Kenton L. Alm y Deputy Clerk District Counsel Approved as to Form: Victor J. Westman Z;;unsel y NW910 GAGrpDa ReWProp\9 4kCCCSD.WPD 7 _._........____...... ........... ............ __ _ .................... _..................... ......._.. ......... ._........ ........ .. . . . .............................................................................................................................................................................................................. ......... .._._.... ......... ......... ..._..... ._....... ......... ......... ......... ......... ......... ......... EXHIBIT A PERMANENT EASEMENT REAL PROPERTY in the town of Danville, county of Contra Costa, state of California described as follows: PARCEL 48 Portion of the parcel of land described in the deed to Southern Pacific Transportation Company, formerly the Southern Pacific Railroad Company recorded on October 2, 1891 in Book 60 of Deeds at page 402, Contra Costa County Records (60 D. 42) lying within a 15 foot wide strip of land the centerline of which is described as follows: Commencing at a standard monument at the intersection of the centerlines of School Street and Hartz Avenue as shown upon the map entitled "A Precise Section of the Streets and Highways Plan, Contra Costa County, San Ramon Valley Boulevard and Hartz Avenue " recorded on October 24, 1966 in Book 5230 of Official Records of said county at page 517 (5230 O.R. 517); thence along the centerline of Hartz Avenue north 51' 45' 29" west 720.01 feet (north 51° 45' 33" west 720.00 feet - record) to a similar monument at the intersection of the centerlines of Short Street and Hartz Avenue as shown upon said map (5230 O.R. 517); thence leaving said centerline sough 76* 25' 5.2" west 676.63 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 510 38' 43" east 106.58 feet; thence south 42° 30' 29" east 270.45 feet; thence south 51° 43' 29" east 949.06 feet; thence south 670 39' 24" east 315.27 feet to a point on the centerline of San Ramon Valley Boulevard as shown upon Sheet 12 of Record of Survey No. 2083 filed on August 8, 1994 in Book 105 of Licensed Surveyors Maps at page 31 (105 L.S.M. 31), said point bears south 0" 59' 35" west 14.04 feet along said centerline of San Ramon Valley Boulevard from a standard monument on the centerline of the former Southern Pacific', Right of Way as shown upon said map 005 L.S.M. 31). Lengthening or shortening the sidelines of said 15 foot wide strip of land to meet at angle points. A. sL �• � 3> . W31/99 Na.6285 C.NMyR*9jwpdocet9902.048 A.P.N. 206-340•004 Exhibit A DP 9903-PCL 48 Pepe i of 2 SPTC October 10, 1997 EXCEPTING; THEREFROM all that portion of the above described 15 font strip lying northwesterly of the southeasterly line and its southwesterly projection of Parcel Nine described in the deed to Town of Danville Civic Improvement Corporation recorded on May 11, 1992 in Boole 17492 of Official Records of said county at page 799 (17492 O.R. 799) and all that portion of said 15 foot strip lying within San Ramon Valley Boulevard as shown upon above referenced Record of Survey No. 2083 (105 L.S.M. 31). Bearings and distances are based on the California Coordinate System, Zone 111 (CCS27). Multiply distances by 1.00009450 to obtain ground distance. C.WyFHWwpdocs%#02.048 A.P.N. 208-340-004 Exhibit A OP 9902•PCL 48 Pape 2 of 2 SPTC October 10.1997 errs t CENTRAL CONTK. fi,4RY DISTRICT � �,�,_� SEWER i 17492 j0-R- 799 1 a C 1 , ra ; % � rn 'sLo t� 1 'O C� 'a..rr--•-15' 7.5 rn t O A �y ? FOUND STANDARD} MONUMENT PER 105 LSM 31 Allatx ro �AN© EXP. 12-31-9�J d w No.5265 � 0f CAL}F � N EtFiAYVN BY: CHECKED BY: GAR THOMAS BRO.: JOB NO.: EAC 9802 - 653A2 9902 7SCALE: E: CO.ASSMT.NO.: PARCEL NO.: 1"•120' i DAT 10-10-97 A-P.N. 208-340-004 48 __.._.. ._....._. ..._..... ._....... ......... ......... ......_.. _-.._.......__. . . ........ ......... ......... ......... ......... ......... ....._.................................................................................................. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Contra Costa County Public Works 255 Glacier Drive Martinez, CA 94553 Attn: Donna Dawkins agEORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR EASEMENT INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER. PRIORITY THAN THE LIEN OF ANOTHER EASEMENT THIS SUBORDINATION AGREEMENT is made and entered into as of April �, 1998, by and between Central Contra Costa Sanitary District ("Central San") and Contra Costa County,, a political subdivision of the State of California (the "County") . RECITALS A. Central San is the holder/grantee of an easement for its sewer pipelines, which easement was recorded on August 9, 1990, as Instrument No. 90-162565, in Book 16040, Page 703 of the official Records of Contra Costa County, California (the "Central San Easement") ; B. The County is the holder/grantee of an easement for a transit system, recreation and utilities, which easement ("County Easement") was conveyed by Grant Deed dated December 3, 1985 (the "Grant Deed") , and was recorded on December 9, 1985, as Instrument No. 85-181262, in the Official Records of Contra Costa County, California; C. The Grant Deed was corrected by the recordation of a Correction Grant Deed dated , 1997 ("Correction Grant Deed") , which was recorded on , 1998, as Instrument No. in the Official Records of Contra Costa County, California, to clarify the legal description and correct certain provisions with regard to Parcel 48 referenced in the Grant Deed; D. The County is granting to Central San a new fifteen feet wide easement ("New Sewer Easement") for sewer lines over the southern portion of Parcel 48; and E. In exchange for County's grant to Central San of the New Sewer Easement, Central San will specifically subordinate the Central San Easement to the County Easement pursuant to this Agreement. NOW THEREFORE, for valuable consideration and the mutual covenants and conditions contained herein, the County and Central San hereby agree as follows: 1 ..................................................................................................................................................................................................................................... . .......__.. .._._...... ......... ......... ......... ......... ........... .......... ......... ......... .......... ........ ......... 1. Subordination. The Central San Easementand the lien created thereunder shall be and remain at all times subject and subordinate to the County Easement, as amended by the Correction Grant Deed. 2. Acknowledagment- of Centrala me t. Notwithstanding the execution and recording of this Agreement and the lien priority of the County Easement over the Central San Easement thereby created, the County and Central San acknowledge the continuing existence of the Central San Easement and the continuing validity of its terms following such execution and recording. The County agrees that the use of the County Easement shall be compatible with Central San's easement rights as set forth in the Central San Easement. 3. Future SubsurftceUses of Centrala ase e . The County agrees that prior to allowing any subsurface use of the area encompassed by the Central San Easement differing from that existing upon execution of this Agreement, by any user other than Central San following the execution of this Agreement, the County shall require any such subsurface user to enter into a common use agreement with Central San, approval of which ;shall not be unreasonably withheld by Central San, which shall 'contain, at a minimum, the provisions contained in Section 3 (a)-(d) of the Central San Easement. 4. Governing aw. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 5. Authority. The parties hereto executing this Agreement have full and complete authority to execute these presents on behalf of the entity whom he or she represents. 6. Counterparts. This Agreement may be executed in any number of counterparts each of which shall be deemed an original hereof, and all such counterparts shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be duly executed and delivered as of the date first above written. CONTRA COSTA COUNTY, a political subdivision of the State of California By: Its. Chair Beard of Supervisors CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its. 2 11 ... .._....__................................................................................................................................ _....._._ ......... ......... ......... ......... .................................................................................................................... Dated Aril 21 1998 STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) On April 21, 1998 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Jim Rogers who is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the some in his/herttheir authorized capscity(ies),and that by his/her/- their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. By: .r . rLoa � Deputy Cleric _._._... ......... ......... ......... ......... ...._.... _ ............_..__.... ......... ......... ......... ......... ......... ......... ......... ._................. . ....................................................................................................................................... . ............................................... State of California } } County of Centra Costa } On this day of in the year 1998, before me, , personally appeared personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executedthe same in his/her/their authorized capacty(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public, State of California (Seal) 4 ......... ......... ......... ......... ......... _ ........ ............... ......... ......... ......... ......... ......... ......... ......... ......... ..._..... ._ . _.. ......._. ......... ......... _....... .......... .................... Recorded at the request of: C. 10 Contra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Ronald Babst THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 21, 1998, by the following vote: AYES: Supervisors U.ilkema, Gerber, DeSaulnier, Canci.amilla, and Rogers NOES: None ABSENT: None RESOLUTION NO. 981193 ABSTAIN: None (S. & H. Code §8330 et. seq.) SUBJECT: VACATION OF STORM DRAIN EASEMENT-TREAT BLVD AT OAK ROAD Subdivision 6907 W.O. 8328 Walnut Creek Area The Board of Supervisors of Contra Costa County RESOLVES THAT: This summary vacation of a public service easement no longer required for storm drain purposes, is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. A description of the portion to be vacated is attached hereto as Exhibit "A" and incorporated herein by reference. This vacation request is for an easement which has been superseded by relocation and there are no other public facilities located within the easement (S. & H. Cade Section 8333). This vacation requestis part of a larger parcel project for which the Board REVIEWED and APPROVED on August 13, 1996, and ADOPTED the Negative Declaration pursuant to State Law and County CEQA Guidelines. The project has been determined to conform to the County's General Plan. This Board' declares that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and excerption described in attached Exhibit "A". From and after the date this Resolution is recorded, the portion vacated no longer constitutes a public service easement. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. Orig.Dept.: Public Warks(RIP) l hereby certify that this Is a true and correct cc: Public f�via �p? copy of an action taken and entered on the Records Ma RIP) minutes of the Board of Supervisors on the County counsel date shown. Recorder(via RIP) Applicant: A€iquot ATTESTB D: *-� /t ]lit t'25 Ryan►ndustrtal Court,Suite los PHIL BATCH LC?R, Clark of the Board San Ramon,CA 94583 VR pp of Supervisors and County Administrator G:�Grpt�ata\ReatPropl "\V40-21-4 By - � Deputy _. . ...... ......._. ......... ......... ......... ......... ......... ......... ....._... ......... ._ ..........._..._...... ......... ......... .._..... ......... ......... ......... ......... ........ ......... ......... ......... y Aw ALIOU EXHIBIT "A" CONTRA COSTA COUNTY DOES HEREBY VACATE ALL RIGHT, TITLE AND INTEREST SAID COUNTY MAY HAVE IN THAT REAL PROPERTY SITUATE IN COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE, AN EASEMENT FOR DRAINAGE PURPOSES, PER THAT CERTAIN DOCUMENTS TITLED RESOLUTION NO. 801919, RECORDED OCTOBER 10, 1980, AS DOCUMENT NUMBER 80-135793, IN BOOK. 10044 AT PAGE 408, OFFICIAL RECORDS OF CONTRA COSTA COUNTY. 95052.2 LEGAL"A" JkA` DI f.. E y.�+r�tr Miry{ PLANNERS CIVIL ENGINEERS . SURVEYORS 125 Ryan Industrial Cf., Suite log . San Ramon,California 94583 ♦ (510) 838-5544 / FAX(510)838-5557 .__ ...._....... ......... .__-.... .. __. ......... ......... ......... .......... ........ ......... ......... ......... ......... ......... ......... ......... _ _. . __._.._._._. .. _....... ......... ......... ......... ........... .f...... ......... 6,."l TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 21, '1998 SUBJECT: Hearing on Transportation Development Act, Article 3 Funding for Bicycle and Pedestrian Projects for fiscal Year 1998/99. Project No. : 0676-6P1025 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTiFICATION 1. Recommended Action: APPROVE the recommendation for allocating the Transportation Development Act, Article 3 Funds for bicycle and pedestrian projects for fiscal year 1998199 and D'I'RECT the Public Warks Director to forward the list to the Metropolitan Transportation Commission for final approval and allocation of funding effective July 1, 1998. Continued on Attachment: X SIGNATUR RECOMMENDATION OF BOARD COMMIT7EE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON April 21, 1998 APPROVED AS RECOMMENDED VOTE OF SUPERVISORS x UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: g:\transengkbobr98te\B021.TDA.wpd I hereby certify that this Is a true and correct Orifi.Div: Public Works(TE) Copy of an action taken and entered on the Contact: Julie Bueren(925)313-2342 - minutes of the Board of Supervisors on the c: Public Works Accounting date shown. M.Jackson,GO-Bike r 11C +22.12 194 ' J.Champlin,Health services ATTESTED: B.Bates.MTC PHIL BATCHELOR, Clerk of the Board City County Engineering Advisory Committee Members of supervisors and County Administrator Countywide Bicycle Advisory Committee Members r By ";�" -��� ]f'"��. �' Deputy .._.__._. ......... ......... ......... ...........__.. ............ ......... ......... ......... ......... . ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... ....... ......... 2 Hearing on Transportation Development Act, Article 3 Funding for Bicycle and Pedestrian Projects for Fiscal Year 1998/99. April 21, 1998 11. Financiallmpact: No impact to County {general fund 111. Reasons for Recommendations and Background: In 1978, a procedure was recommended by the Mayors Conference and adopted by the County Board of Supervisors to ensure countywide consensus in allocating the Transportation Development Act (TDA), Article 3 funds for bicycle and pedestrian projects. In 1991, the Metropolitan Transportation Commission (MTC) required TDA applicants to have the proposed projects reviewed by a city or countywide bicycle advisory committee. The cities and the County were solicited for projects in October 1997. The proposed projects were reviewed by a city's bicycle advisory committee or by the Countywide Bicycle Advisory; Committee (CBAC) in November and their input was incorporated into the final applications submitted in December 1997. MTC estimated that $511,151 is available for programming in Fiscal Year 1998/99. Thirteen applications were submitted totaling $972,000. The proposed projects were jointly field reviewed by the City County Engineering Advisory Committee's TDA Subcommittee and a CBAC Subcommittee. The TDA Subcommittee then developed a recommendation on funding and forwarded it to the City County Engineering Advisory Committee (CCEAC)for their consideration and approval. The CCEAC approved the funding recommendation at their February 5, 1998 meeting and forwarded it to the Mayors Conference. The Mayors Conference heard and approved the recommendation at their March 5, 1998 meeting. CCEAC now requests that the Board of Supervisors approve the recommendation for the 1998/99 TDA, Article 3 funds and forward it to MTC for final approval' and funding allocation. 3 Hearing on Transportation Development Act, Article 3 Funding for Bicycle and Pedestrian Projects for Fiscal Year 1998/99. April 21, 1998 FUNDING RECOMMENDATION Project Requested Funding Recommended Funding 1 Bicycle Safety Education Program (Contra Costa $40,245.04 $40,245.00 County) 2 Pinole Creek Trail Cap Closure (City of Pinole) $40,000.00 $40,000.00 3 San Pablo Ilam Road Bicycle Detection (Contra $42,500.00 $0.00 Costa County) 4 Upper Happy Valley Road Walkway (City of $100,000.00 $65,000.00 Lafayette) 5 Newell Avenue Pathway - Phase ll (Contra Costa $83,000.00 $55,000.00 County) 6 Freitas Load Trail Bridge (Town of Danville) $201,919.00 $140,656.00 7 Farm Bureau Road Pathway- Phase II (City of $25,150.00 $25,150.00 Concord) 8 Loveridge Road Bicycle Improvement Project (City $180,000.00 $61,100.00 of Pittsburg) 9 EBMUD/Mokelumne Trail (City of Antioch) $90,000.00 $0.00 10 O'Hara Avenue Pathway (Contra Costa County) $59,000.00 $59,000.00 11 Lafayette/Moraga Bikeway (Walnut Creek) $50,000.00 $0.00 12 Paso Nogal Pedestrian Crossing Improvement $35,000.00 $0.00 (City of Pleasant Hill) 13 Marsh Creek Trail Undercrossing of Balfour Road $25,000.00 $25,000.00 (City of Brentwood) Total $971,814.04 $511,1',51.00 $26,000 requested from Fiscal Year 98/99. $14,245 from fiscal year 94/95. 1. Bicycle Safety Education Program The Subcommittee is very supportive of the efforts of this program and recommends full funding of the 5% allowed. In addition, the Subcommittee recommends funding the balance of the 1994/95 allocation. $14,245 was spent on the program, but not billed within the correct time frame. The money was reallocated to Contra Costa County's TDA funds. Therefore, it is part of the $511,151 available. -................................................................................................................................................................. ....................................-... 4 Hearing on Transportation Development Act, Article 3 Funding for Bicycle and Pedestrian Projects for Fiscal Year 1998/99. April 21, 1998 2. Pinole Creek Trail Gap Closure The Subcommittee recommends funding for this project, but strongly suggests the trail be placed on the opposite side of the creek of what is proposed. This would provide a better crossing of Pinole Valley Road and provide more direct access to the school. The City of Pinole has agreed to explore the possibility of changing the trail location with the Flood Control District. 3. San Pablo Dam Road Bicycle Detection The Subcommittee recommends no funding for this project. It is thought to be too costly for the benefit. 4. Upper Happy Valley Road Walkway The Subcommittee supports this project and is impressed by the level of commitment of funds from the homeowners group. However, the TDA request is high and the City of Lafayette was asked to look at opportunities for phasing. The $65,000 recommended allows the City to build a usable path. 5. Newell Avenue Pathway - Phase 11 The Subcommittee supports this project as it furthers the effort of a previous TDA grant to complete a facility that serves neighborhood schools. However, the initial funding request was high and the County was asked about the potential for phasing. Instead of phasing the project, the County proposes to contribute the design and construction for the project, reducing the request to $55,000. This amount is recommended. 6. Freitas Road Trail Bridge The Subcommittee supports this project, as it is an important link in a trail network. However, the Town of Danville's initial request of$201,919 was considered high and they were asked to find some matching funds. The Town has agreed to fund approximately $60,000, reducing their request to $140,605 which is recommended. 7. Farm Bureau Road Pathway The Subcommittee supports this project as it closes a gap in an existing pathway/sidewalk system and recommends full funding. .................................................................................................... 5 Hearing on Transportation Development Act, Article 3 Funding for Bicycle;and Pedestrian Projects for Fiscal Year 1958/99. April 21, 1998 8. Loveridge Road Bicycle Improvement Project The Subcommittee considers this to be a good project. However the request of $180,000 was considered high and the City was asked to look at phasing. They submitted a phased proposal and reduced their request to$61,000. This amount will fund two usable sections of the project and is recommended. 9. EBM'UD/Mokelumne Trail The Subcommittee does not feel this project is a good use of TDA funds. The project proposed would only partially address the existing problems with the trail and the design would not meet current standards. No funding is recommended. 10.O'Hara Avenue Pethwav This project will serve the new high school and benefit a large number of people. The Subcommittee recommends full funding. 11.Lafayette/Moraga Bikeway The Subcommittee liked the concept of a trail through the downtown that would connect the Lafayette Moraga Trail to the Iron Horse Trail. However, the Subcommittee has concerns about how usable the proposed segment would be and thought a more sequential approach would be better. The Subcommittee felt more project development work was needed to address the creek crossings and the intersection with California Boulevard. Therefore, no funding is recommended for this project. 12.Paso Noaal Pedestrian Crossing Improvement The Subcommittee agrees with the need to improve the crossing, but feels the concept for the improvement needs further development and that other alternatives should be explored. No funding from this cycle is recommended. 13.Marsh Creek Trail Under Crossing of Balfour Road The Subcommittee supports this project and appreciates the work Brentwood has done to address the concerns from the prior year's application. Full funding is recommended. IV. Conse auences of Negative Action: Failure to approve the funding recommendation will result in a delay in the MTC process of allocating TDA funds in the Contra Costa County area. DATE: '� " / 9 ITEM! CONSIDEREDWITHr • • • • • • a • • • r • • • • • • s • • • LISTEDIN ERROR. . . . . . . . . . . . . . . . . . . . . . DELETED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .