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HomeMy WebLinkAboutMINUTES - 05051998 - C1-C5 e-1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 5, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Caneiamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Grant permission to completely close portions of 2nd Street, Home Street, Acme Street, and O'Hara Avenue, for the purpose of the Holy Ghost Parade, Oakley area. IT IS BY THE BOARD ORDERED that permission is granted to Flor do'Oakley Holy Ghost Committee to completely close portions of 2nd Street, Home Street, Acme Street, and O'Hara Avenue,except for emergency traffic,on Sunday July 19, 1998, from 9:30 a.m. to 1:30 p.m.,subject to the following conditions: 1. Traffic will be detoured via neighboring streets. 2. All signing to be in accordance with the State of California Manual of Traffic Controls. 3. The Flor do Oakley Holy Ghost Committee shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Have on file with the County a Certificate of Insurance in the amount of$1,000,000 for Comprehensive General Public Liability which names the County as an additional insured. 5. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol and the Fire District. :mw l hereby certify that this is a true and correct G:\GrpData\EngSvc\BO\BO5-5-98.wpd copy of an action taken and entered on the Originator: Public Works(APC) minutes of the Board of Supervisors on the Contact: John Capozzo(646-3607) date shown. May 5 , 1998 cc: CSP ATTESTED: Sheriff-Patrol Div.Commander PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By e _J'Z.d 1s Deputy TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: MAY 5, 1998 SUBJECT: Amendment to Agreement to Provide Services to the Contra Costa Transportation Authority Work Order No.: 3089 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE first amendment to agreementto provide right of way services to the Contra Costa Transportation Authority for the State Route 242 lane widening project and AUTHORIZE the Board Chair to sign the agreement on behalf of the County. I1. Financial Impact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. 111. Background and Reasons for Recommendations: Contra Costa Transportation Authority requires a variety of right of way services but has no right of way staff and has contracted with the County for these services. This amendment will raise the payment limit to cover the cost of additional work by county staff. IV. Conseguences of Negative Action: Less efficient goT nt because the Contra Costa Transportation Authority would have to hire additional riactors at greater expense. Continued on Attachment:® SIGNATURE: C l —RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _APPROVE `OTHER SIGNATURE(S): ACTION OF BOARD ON may 5 , T996 APPROVED AS RECOMMENDED xo VOTE OF SUPERVISORS xx UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: PBG:gpp g:\reaIprop\98-4\BO205-5.doc Brig. Div: Public Works (R/P) i hereby certify that this is a true and correct Contact: Paul Gavey(313-2220) copy of an action taker,: And entered on the cc: County Administrator minutes of the Board of Supervisors on the Auditor-Controller(via R/P) date shown. P. W.Accounting . .ATTESTED: May 5 , 199ri:) PHIL BATCHELOR, Clerk of the Board of Supervisors and Cou ty Administrator By ? Deputy ............. ......... ......... ......... ....._........._........ ......... ......... ......... ._....... ............ ..... . _.. ......... ......... ......... ................. _ . .. ...................................................................................... n CONTRA COSTA TRANSPORTATION AUTHORITY FIRST AMENDMENT TO OCTA AGREEMENT NO.72 WITH CONTRA COSTA COUNTY RI OGINAL FOR SR242 WIDENING PROJECT FEBRUARY 18,1998 WHEREAS,the Contra Costa Transportation Authority and Contra Costa County entered into Agreement No. 72 on July 16, 1997;and WHEREAS,the parties now wish to further amend the scope of work and increase the Total Agreement Value,now therefore be it MUTUALLY AGREED: (1) that Paragraph 3 of the Agreement is amended to expand the"Services"to include tasks set forth in the attached letter from Contra Costa County,dated January 8, 1998;and (2) that Paragraph 4 of the Agreement is amended to increase the base work compensation by$27,500 to cover the increase in services referenced in item(1)above for an overall Total Agreement Value of$35,000;and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this first amendment to the Agreement as of the day and year above written. CONTRA COSTA COUNTY CONTRA COSTA TRANSPO TAT10N AUTHORITY Chair,Bo of Supervis rs F Barbara Guise,Chair Attest: Phil Batchelor Attest: Clerk of the Board of Supervisors �/�_ and County Administrator _� d'�C, " aar -,,,. RobertMcC xecutive Uirec Recommended to the County 11 Board of Supervisors for Approval Approved as to form&legality: By 4V Deputy Stan Taylor,Authority Counse B3 ' --' r" P cipal rty Agent By Pubic Works Director Approved as to Forth: Victor J.Westman, County Counsel eptaty Centra Public Works Department J.Michael LVaiford Public Works Director Costa 255 Glacier Drive County Martinez, California 94553-4897 ton F. bic y De FAX: (510) 313-2333 Deputy Engineering Telephone: (510) 313-2000 Patricia R. McNamee Deputy-Operations January 8, 1998 Maurice M.Shiu Deputy--transportation S. Clifford Hansen Deputy- Administration Susan Miller, Project Manager Contra Costa Transportation Authority 1340 Treat Boulevard, Suite 150 Walnut Creek, CA 94596 Dear Ms. Miller: Enclosed is a copy of my letter to you, dated September 9, 1997, where I reiterated the cost estimate for the State Route 242 project. At that time you told me that you had already obtained approval for $7,500 based on an estimate for oversight only and wanted the contract to be for that amount initially and then it would be raised later to cover condemnation if necessary. Since the project has required that we proceed with condemnation, we must ask for an increase in budget. As of December 1s' our charges totaled $5,444. With the difficulty in contacting and serving 12 property owners for one parcel, it appears that our costs will be on the high end of my original estimate. I also anticipate that our legal costs, which are not included in the $5,444, will be in line with my original estimate. Consequently, I am requesting that you seek an increase in our contract limit to $20,000 as we had originally proposed. If you have any questions or wish to discuss this further, please give me a call at 313-2220. Very truly yours, haul 4' avey 'Z , Principal Real . 6 party Agent PBG:pe:9pp G:1GrpDatatiRealPropM-2 Wiiller.wpd Enclosure -fb: BOARD OF SUPERVISORS s3 FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: May 5, 1998 SUBJECT: Agreement to Provide Services to the City of Fremont W.O. 3094 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i, Recommended Action: APPROVE Agreement to Provide Right of Way Services with the City of Fremont for various projects and AUTHORIZE the Board Chair to sign the Agreement on behalf of the County. If. Financial Impact: The City of Fremont will pay the actual costs for real property staff right of way services. III. Reasons for Recommendations and Backclround: The City of Fremont requires a variety of right of way services that are required by federal funding to be performed by a certified agency and desires to contract with the County for these services. IV. Consequences of Negative Action: Less efficient government because the City of Fremont would have to Contract with another certified agency at greater pease. Continued on Attachment: SIGNATURE: LJ ` RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURES): ACTION OF 130ARD ON May 5 , 1998 APPROVED AS RECOMMENDED ,_,,, VOTE OF SUPERVISORS x UNANIMOUS(ABSENT } AYES: NOES: ABSENT: ABSTAIN: DD:gpp G:kGrpDatakRealProp\98-4kB02-5May Orig. Div: Public Works(RIP) I hereby certify that this Is a true and correct Contact: Donna Dawkins(313-2224) copy of an action taken and entered on the cc: County Administrator minutes of the Hoard of Supervisors on the Auditor-Controller(via RIP) da#e shown. P.W.Accounting May 5 , 1998 Recorder(via R/P) ATTESTED; ` ~` — _-_- PHIL BATCHELOR, Clerk of the Board' of Supervisors and Cou5ty Administrator AGREEMENT FOR RIGHT OF WAY SERVICES 1. Ef etive Date and Parties. .Effective on April 1, 1998, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter referred to as "County"), and the CITY OF FREMONT, a municipal corporation(hereinafter referred to as "City"), hereby mutually promise and agree as follows: 2. Furn9-s&. The City is planning various federally funded and Measure "B" funded road projects to be constructed during the next few years. The City is not "certified" to monitor such projects and desires to contract with the County for right-of-way services since the County is "certified" to do the work as required by applicable State and Federal law. 3. Services by Coun The services to be rendered by County to City may include appraisal, appraisal review, negotiation, land rights document preparation, right-of-way acquisition, relocation, and/or supervision of independent contractors providing such services. County reserves the right to decline to provide services requested by City on a project by project basis. 4. Payment for Seni co City agrees to reimburse County for all labor costs and appropriate overhead for County Real Property Agents' labor including overtime',rates for evening or weekend work(See Appendix"A"for pay rates). City shall pay all acquisition settlement and any ether costs of acquisition such as title fees, recording fees, etc. Such payments shall be made within 30 days of receipt of billing by County. Maximum payment under this contract shall not exceed $25,000.00. 5. Mutual lndemn fication. County agrees to indemnify and hold harmless the City for the County's share of any and all claims, costs and liability for any damage,injury or death of or to any person or the property of any person,including attorneys fees, arising out of the willful misconduct or the negligent acts,errors or omissions of the County in the;performance of this Agreement, City agrees to indemnify and hold harmless the County for the City's share of any and all claims,costs and liability for any damage, injury or death of or to any person or the property of any person,including attorneys fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the City, its officers or employees. b. Indotn-dcut Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a City employee. 7. Term. The term of this agreement shad commence on the effective date hereof and shad end upon termination by either party upon 34 days written notice. The rights and obligations of Paragraph 5 "Indemnification" shall survive any such termination. COUNTYOF CONTRA COSTA CITY OF FREMONT By �\, kk�l- By Chair,Board o , upervisors Development&Environmental Services Director ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Approved as to Form: By `?t d j g,6 � BY Deputy City Attorney Recommended for Approval: Recommended to the County Board of Supervisors for A r va : By Risk Manager ,By clic Works Director By Real Property Agent By f Principal Real Property ent Approved as to Form: B Victor J. Westman, ountyCounsel cM&CON G:\GrpData\RealProp\98-4\CCCCON98.WPD APPENDIX "A" Req. OT Principal Real Property Agent 113.82 118.45 Supervising Real Property Agent 103.25 106.53 Senior Real Property Agent 91.60 93.54 Associate Real Property Agent 80.30 81.41 Assistant Real Property Agent 65.10 65.10 Senior Real Property Technical Assistant 61.19 60.93 Real Property Technical Assistant 54.75 54.02 Assistant County Surveyor 87.83 90.11 Engineering Tech Supervisor/Land Surveyor 71.43 72.20 Senior Engineering Technician 66.43 66.79 Journey Engineering Technician 48.54 47.76 Entry Engineering Technician 35.17 33.64 CADD Drafter 57.02 56.86 Note: Rates will change periodically due to contracted salary increases and increases in overhead charges. G:\GrpData\RealProp\FORMS\AG17BWPD.FRM (rev.2111 W) ............................... .......__.. .. ......... ......... ......... ......... ..._.._.. .._...... ......... ......... ......... ......... ........ ......... t✓. l TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: May 5, 1998 SUBJECT: APPROVE O'Hara Avenue Bike Path project and DETERMINE that the project is a class 1c Categorical Exemption, Oakley, Area. Project No.: 6662-6R4116, CDD-CP # 98 -30 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE Project, and DETERMINE that the project is a California Environmental Quality Act Class 1c Categorical Exemption, and DIRECT the Public Works Director to prepare contract plans and specifications for construction. n Continued on Attachment:-,? SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTR,4TOR _ RECOMMENDATION OF BOARD COMMiliIiii —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON May 5 , 1998 APPROVED AS RECOMMENDED x VOTE OF SUPERVISORS _X UNANIMOUS{ABSENT _ 1 AYES• NOES: ABSENT: ABSTAIN: AS:as: g: ngbos-S-98 I hereby certify that this is a true and correct copy of an action taken and entered on the Ortg.Div: Public Works(TE) minutes of the Board of Supervisors on the Contact Ai Schaal-313-2234 date shown. C county Administrator Aft E.Kuevor ATTESTED: May 5 , 1998 Auditortcontrahr PHIL BATCHELOR, Clerk of the Board PW Accounting of Supervisors and Couflty Administrator Design-J.l=rrattttini Construction By G titZ� - Deputy Community Development-A.Woods O'Hara Avenue Bike Fath May 5, 1998 Page#2 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 $25.04 handling fee to the County Clerk for filing of the Notice of Exemption. II. FINANCIAL IMPACT: The estimated project cost is $64,004, funded by a Transportation Development Act, Article 3 Grant (140%). 111. REASONS'FOR RECOMMENDATIONIBA+CKG.R JUND: The project includes constructing a five-foot wide asphalt concrete path on both sides of O'Hara Avenue from Laurel Road to Freedom High School. It is needed to provide an all weather path for bicyclists along O'Hara Avenue between Laurel Road and Freedom High School. The project has been determined to be in compliance with the {general Plan and is exempt from CEQA because the proposed project consists of the minor alteration of existing facilities with no expansion of use beyond previously existing. Constructing an asphalt concrete path will not result in the removal of a scenic resource. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. 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 Sellaren - Public Works Dent. Project Description, Common Name (if any) and Location: O Hara Avenue Bike Path, County File #CP 98-30: Project description: The proposed project consists of constructing a five foot wide asphalt concrete path on both sides of O Hara Avenue from Laurel Road to Vintage Drive on the west and Laurel Road to Neroly Road on the east. A'section of path on the west side from Neroly Road to Vintage Drive was included as part of the construction of f=reedom High School which was completed in the fall of 1997. The remaining length of the path on the west side measures approximately 3,000 linear feet, and the east side measures approximately 4000 linear feet. Constructing the path will provide a link from the residential areas to the high school and will tie into the existing sidewalk on the west side that was constructed from Neroly Road to Vintage Drive. Project location: O'Hara Avenue is located in the east county area of Oakley. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) — Other Statutory Exemption,Section Declared Emergency(Sec. 15269(a)) — General Rule of Applicability(Section 15061(b)(3) _ Emergency Project(Sec. 15269(b)or(c)) ✓ Categorical`Exemption, 1 c for the following reason(s): The proposed project consists of the minor alteration of existing facilities with no expansion of use beyond previously existing. Constructing an asphalt concrete path will not result in the removal of a scenic resource. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the fling date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Janet Frattini County Clerk Fee$25 Due H:1noe'sloharapath.mswnoe (Rev. 2/97) Community Contra Dennis M.Barry,AiCP Development Costa Community Development Director Department County Administration Building County 651 Pine Street 4th Floor, North Wing o� Martinez, California 945530095 Phone: 335-1235 March 31, 1998 L County File #CP 98-30 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 CP.99-2n, O'Hara Ava u,e,Bike Path,in the ClakhW-an&g. In conformance with Contra Costa County Guidelines for implementing the California Environmental duality Act of 1970 (CECIA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: W AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. (✓) The project is categorically exempt (Classlo_). ( ) The CEOA requirements are accommodated by the Elft previously prepared for {) A statement that an Elft 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). ( ) 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 (510) 335-1210. Sincerely yours, Dennis M. Barry, AICP Community Development Director By: :Qms shltt v CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT# 0662-6R4116 CP# 98-30 PROJECT NAME: O'Hara Avenue Bike Path PREPARED BY, Janet Frattini DATE: March 5, 1998 APPROVED BY: DATE: ' RECOMMENDATIONS: ✓} Categorical Exemption (Class_lc) ( } 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 existing facilities with no expansion of use beyond previously existing. Constructing an asphalt concrete path will not result in the removal of a scenic resource. What changes to the project would mitigate the identified impacts , N/A USES Quad Sheet Brentwood Base Map Sheet# H24 Parcel # N/A GENERAL CONSIDERATIONS: 1. Location: O'Hara Avenue is located in the east county area of Oakley,(Figures 1 & 2). 2. Project Description: The proposed project consists of constructing a five foot wide asphalt concrete path on both sides of O'Hara Avenue from Laurel Road to Vintage Drive on the west and Laurel Road to Neroly Road on the east. A section of path on the westside from Neroly Road to Vintage drive was included as part of the construction of Freedom High School which was completed in the fall of 1997. The remaining length of the path on the west side measures approximately 3,000 linear feet, and the east side measures approximately 4000 linear feet. Constructing the path will provide a link from the residential areas to the high school and will tie into the existing sidewalk on the west side that was constructed from Neroly Road to Vintage Drive. 3. Does it appear that any feature of the project will generate significant public concern? [] yes [./] no [I maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [] yes [./] no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? No. h:\catexmpt\nharabikepath.mswini (Rev 2197) FIGURE 1 Z a ` z w n w z <t CL ,, * LIJ Z � V >-i( < ' Z U z c, Cl) V � Q 7 C -- _j w -J ° o Z [G. Vo ° ry w L.J `�� LL) --� ct z G- ° i� < <L �- 0 Li r-) w° LLJ < b • V) < fW- �- C.) 0 cr n STAR ti t OAKU:1'� �r'r FIG1C .E w lOMf c NOME. <T A Df .,,,T+ �a ✓ -_y--' j ' .'sY• )tri ., - __{ ,..._:.: 1%�. iK 4 r��„ I n war wY .. k f, Mvf/ i[,,`, +Mit: S 'r cn {, r. m _ t y t� �_ # ;t.W.hV =µ. •1.1 f 1'I t t A1.MtlNf} i YY' to C i !'R EJ rJ` t 1 i 4� ``... „;._ _�.—..._ i.'tit, i.1 rF3f.S5 �� RD. rllra)r r}'st�l ;4H.In tt,tirli `- C <. z- ''t tlt()(,� i • :t.;i iJi�7tFIt l,t!(I{( � 7 .r - (}P. �i:_� +:tf!�(;. 1M�� 'Jl f. OA• �<' NEMLO(:+' DR c c. C}filtF#!{ f fiFY, ,c t!t•q. a..ARF f. .7 a y_ a.) � n " JN UtuSAN �uC g t i I I I f ('.; -ti!!.'.t fit i z c� x K t.{lt�E.Pl7. J " - _ _ - CNIANiI as LH WALtJUi 15LETUFI CF. "n WSTA r T s a PARK 1 r yYCr?aCKCIT G —TE CT. �'l' 4:(}nr}�ftf.cr, r� � �r�°o W4(JUGLEN- 'f G,PK, c[ >/ r J o 2 G' n }I ©'HARA CT. LLCIEs PC GATEWAY DR. = / :`'�� a� � c`�� � o�' n CD r�rffy o 0—LOCKE CT. FREEPORi C o6 al x SEOUOIA OR. c�� �" q� < t L R.c.Y r z C7 o f C CAVE E., `` c'�' � t 7Fd 1�✓ LARKSPUR C.T. m o 3 t PARK f HISTLE Cr. LAUREL z rl,ffi RD.�j t cc Q:: .1 Project Limit Cn -� U7 � O OAKLEYO Cr CSV, NUTIm s4' CT. J :r ``' GRAPEVINE KAY ` oRCTa CN. C CD LN. rs t3 f Cn CC K 0 CARPENTER RD. SHERMAN C VINTAGE DR. V, FREEDOM W z BROWNSTONE HIGH SCHOOL NEROiY � RU. PROJECT LIMITS 1 01HARA AVENUE PATH i .......... s �z CIS TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR BATE: May 5, 1998 SUBJECT: APPROVE Newell Avenue Pathway project and DETERMINE that the project is a class 1 c Categorical Exemption, Walnut Creek, Area. Project No.: 0882-684101, CDD-CP# 98 -29 SPECIFIC REQUESTS)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Project, and DETERMINE that the project is a California Environmental Quality Act Class 1c Categorical Exemption, and DIRECT the Public Works Director to prepare contract plans and specifications for construction. Continued on Attachment: SIGNATURR r ;+ ~i�� �✓ ` _,,,,,RECOMMENDATION OF COUNTY ADMIS RATOR _RECOMMENDATION OF BOARD COMM —APPROVE —OTHER SIGNA'TURE($): ACTION OF SOARD ON May 5 , 1998 APPROVED AS RECOMMENDED_.X_ VOTE OF SUPERVISORS X UNANIMOUS(ABSENT t APES: NOES: , ABSENT:— ABSTAIN: AS:as: I hereby Certify that this is a true and correct Tttransengfo-newells-s-98 Copy of an action taken and entered on the minutes of the Board of Supervisors on the orifi.Div: Public Works(TE) date shown. May. 5, 1998 Contact: AlSct A#-313-2234 EATTESTED. Atte:E.Kuevor c: CountyAdml„is . PHIL BATCHELOR, Clerk of the Board AuditorrControner of Supervisors and County Administrator PW Accounting n-J.Frettini By X Deputy Construction Community Development-A.Woods 4.r Newell Avenue Pathway May 5, 1998 Page#2 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. If. FINANCIAL IMPACT: The estimated project cost is $78,400, funded by a Transportation Development Act, Article 3 Grant(100%). III, REASONS FOR RECQMMENDATIONIBAC GROUND: The project includes constructing a crushed rock pedestrian path along the south side of Newell Avenue from Magnolia Way to Olympic Boulevard, and from Lilac Drive to just past Circle Drive. It is needed to provide an all weather path for the students that attend either the Park Mead Elementary School or the Doris Eaton School. The project has been determined to be in compliance with the General Plan and is exempt from CEQA because the proposed project consists of the minor alteration of existing facilities with no expansion of use beyond previously existing. Constructing an asphalt concrete path will not result in the removal of a scenic resource. IV. CONSMUgNCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT#0662-6R4101 CP# 98-29 PROJECT NAME: Newell Avenue Pathway (Lilac Dr. to Circle Dr. and Magnolia Way to Olympic Blvd.) PREPARED BY: an Frattini DATE: March 5, 1998 APPROVED BY: DATE: RECOMMENDATIONS: (t/) Categorical Exemption (Class-1c ( 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 project consists of a minor alteration to existing land conditions, within the existing roadway right-of-way, with no expansion of use. No scenic resources will be removed as a result of the activity, however, approximately 15 trees within the project limits may require root cutting and pruning. What changes to the project would mitigate the identified Impacts . N/A USGS Quad Sheet Walnut Creek Base Map Sheet# P13 Parcel # Various GENERAL CONSIDERATIONS: 1. Location: The project is located in the central county residential area of Walnut Creek (Figures 1& 2). 2. Project Description: The proposed project involves constructing an approximately 1000 linear foot pedestrian pathway on the south side of Newell Avenue. The first section will be constructed from Magnolia Way west to Olympic Boulevard measuring approximately 630 linear feet and the second section from Lilac Drive east to just past Circle Drive measuring approximately 375 linear feet (Figure 3). Approximately 15 mature trees are located at the edge of the proposed pathway. The trees show signs of stress from inadequate pruning practices, pollution from vehicular traffic, and soil compaction.l The presence of disease or insect activity is indicated on some trees. To minimize further damage and to protect the trees, measures such as hand excavation, pruning, and cutting tree roots in a flush manner, are incorporated into the project. These measures shall be performed in accordance with recognized standards of good arboricultural practices. The pathway Wil be constructed of crushed rack and compacted to farm a smooth surface. The pathway width of 48" may narrow to 36" at obstacles (e.g., trees and utility pules). However, the minimum width for a single wheelchair is 36"thus making the pathway accessible to all neighborhood residents. Four wheelchair ramps will be installed as part of the project on Circle Drive, Lilac Chive, Magnolia Way, and Olympic Boulevard. 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 [✓] no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? Yes, Walnut Creek. h:\catexmpt\newel12.msWni (Rev 2197) COMMUNITY DEVELOPMENT DEPARTMENT CONTRA COSTA COUNTY DATE: March 31, 1998 TO: Public Works Department Attention: Janet Frattini - Design Division FROM: Dennis M. Barry, AICD, Community Development Director By: Debbie Chamberlain, CE(4A Coordinator Via: Audrey Woods ` SUBJECT: CEQA REVIEW, PROJECT ,#CP 98-29, Newell Avenue Pathway Attached are the following environmental documents relative to the above-referenced project which have been reviewed by the Community Development Department. Please review the documents to determine if there are any posting periods and/or hearings required before the Board of Supervisors can take action on the project. These documents should be kept in the project file for future reference. W } Initial Study of Environmental Significance (copy of original-to be returnedafter GPC-MR hearing). ( ) Copy of the Notice of Exemption (w/receipt). (The original is: on file in Community Development Department; on file with the County Clerk; _ __ being returned for filing in project file.) ( ) Copy of the Notice of Determination. (The original is: on file in 'Community Development Department; on file with the County Clerk; being returned for filing in project file.) ( ) Notice of Negative Declaration - including mai€out list. { ) Draft EIR. () Mandatory Referral for General Plan Conformance. (Required/exempt) ( ) Proof of Publication W) Letter of CEQA determination (d) Comments:'NOE on file waiting for Board Approval. {) TWO COPIES OF THE NOTICE OF EXEMPTION/DETERMINATION ARE ATTACHED. WHEN YO ►l- HAVE SCH_ED.ULED_T-HI IT 11tL WITH_THE.BOAR_o-, PI..EASE_S1=ND�ONl<CC}F'Y BA�`K T.C3 lEttf W-TH-A NOTE S_TA I_1tI.G 11E_DATF THE_B-QARD-CE-S_UP.ERVIS BSE TQ-HEAR THE ITEM. When the Board of Supervisors takes action on the project, it must "review" and "consider" the environmental impact report or negative declaration, together with any comments received during the public review process. They must then adopt the environmental document bafnre approving the project. You must, therefore, provide copies for each member of the Board of the respective environmental impact report, notice of negative declaration, or the notice of exemption, along with any comments received during the review period. They must review and consider these items before approving the project. If they do not physically have the documents, they cannot consider them. In the case of projects which are exempt from CEQA, the Board Order should concur,in the determination that the project is categorically exempt, and direct the filing of the Notice of Exemption. PLEASE NOTIFY US, WITHIN 2 DAYS OF THE BOARD HEARING ON THIS PROJECT, WHAT ACTION THE BOARD TOOK SO`THAT WE CAN INITIATE THE FILING OF THE NOTICE OF EXEMPTION OR NOTICE OF DETERMINATION WITH THE COUNTY CLERK. THE FILING OF THESE NOTICES,STARTS THE STATUTE OF LIMITATIONS ON COURT CHALLENGES TO THE APPROVAL UNDER CEQA. HENCE, THE FILING OF THESE NOTICES ARE IMPORTANT SINCE IT LIMITS THE COUNTY'S LIABILITY. 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Q' \ c�, ,'��'� m- Mn"6 s T" �.eP � i:. f \ tY�GRFbX__-.. `�j f�fi•-Yetv'F .� 1 G ! t \ 4 BRiME/ -, -�+ V;CY CJ [v v o _ .. __4 __ F}. ♦CV trRs€ ' .�' v 1 � - 4.` . .�'tv� Aoa'i s d Pry id .- •�.cC,._,,,,Si-.��.:: - —♦s:....�.-_.\......_._..1'>....� 1.___—....r�.1__...,�`1 .1�y-..._jal?`t- _..i; '. ?''�P„1� Y.71 7`' °?z-T `'�'(Y`5_' _ t.. z„ NOT TO SCALE FIGURE 3 ` as snine Y J d � LaS � C] Q t!1 v � rte. •. ,. �„ -{" ., „' {7 S ibd 4 N!M 1 I-- 0 X 4 vj N Z z � z x In N � AZA 4 , 7o � o Q,�Ao\-j P cn o vi �; > cv Lija s s st t M 0 Z uj i s �of tt M c 0 w s tz v I � till to 0 t C } s¢ < 1 U s s «. s J _ cu ONIM3t3 s r— _ s NOT TO SCALE Community Contra Dennis M.Barry,AICP Development Costa Community Development Director Department County Administration Building 651 Pine Street 4th Floor, North Wing �� ° Martinez, California 94553•00195 .t . Phone: sz 335-1235 /�° March 31, 1998 sr"i COf1N'� : County File #CP 98-29 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 CP�1R �► Ne {t Am-anua Pati way-_(Lttac-Dr._Lo_Ciecte_Dx_.Acsti.MaWalia.WET to ONrnpic_B1s_ to conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970(CEQA), it has been determined that your project wAl not have a significant effect on the environment. Your project falls within the following category: W AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. (d) The project is categorically exempt (Class--Ic.). ( } The CE03A 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 appealedl. Q Other: General Rule of Applicability [Section 150161 (b)13)[. { ) 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). ( } 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 (5103) 335-12101. Sincerely yours, Dennis M. Barry, AICP Community Development Director :gms shtlt ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .... ....... ......._.. ......... ......... ......... ......... ......... .._...... ......... ......... ........ ............ . ..... ......... 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: Newell Avenue Pathway (Lilac Dr. to Circle Dr. and Magnolia Way to Olympic Blvd.) County File #CP 98-29; Project Description: The proposed project involves constructing an approximately 1000 linear foot pedestrian pathway on the south side of Newell Avenue. The first section will be constructed from Magnolia Way west to Olympic Boulevard measuring approximately 630 linear feet and the second section from Lilac Drive east to just past Circle Drive measuring approximately 375 linear feet. Approximately 15 mature trees are located at the edge of the proposed pathway. The trees show signs of stress from inadequate pruning practices,pollution from vehicular traffic, and soil compaction. The presence of disease or insect activity is indicated on some trees.To minimize further damage and to protect the trees, measures such as hand excavation, pruning, and cutting tree roots in a flush manner, are incorporated into the project. 'These measures shall be performed in accordance with recognized standards of good arboricultural practices. The pathway will be constructed of crushed rock and compacted to form a smooth surface. The pathway width of 48"may narrow to 36"at obstacles(e.g., trees and utility poles). However,the minimum width for a single wheelchair is 36"thus making the pathway accessible to all neighborhood residents. l=our wheelchair ramps will be installed as part of the project on Circle Drive, Lilac Drive, Magnolia Way, and Olympic Boulevard. Project location: The project is located in the central county residential area of Walnut Creek. This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) _ Other Statutory Exemption,Section_ Declared Emergency(Sec. 15269(a)) _,,,, General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15268(b)or(c)) Categorical Exemption, 1c for the following reason(s):The project consists of a minor alteration to existing land conditions, within the existing roadway right-of-way, with no expansion of use. No scenic resources will be removed as a result of the activity, however, approximately 15 trees within the project limits may require root cutting and pruning. Date: BT Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on 1 received and pasted 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 Atte: Janet Fr ,ettini County Clerk Fee$25 Due H:\noe's\newe112.mswnoe (Rev.2197)