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HomeMy WebLinkAboutMINUTES - 03231999 - C11 e T0: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: March 23, 1999 SUBJECT: Approve Project, Plans and Specifications for the Grayson Creek Bypass— Phase 1 Project in the Pleasant Hill Area. Project No. 7520-688508-99 CDD-CP# 99-15 Specific Request(s) or Recommendation(s) & Background & Justification 1, RECOMMENDED ACTION: APPROVE Project, Approve the Plans and Specifications for the Grayson Creek Bypass— Phase 1 Project and APROVE Addendum to the Negative Declaration (CP#99-15) in compliance with the California Environmental Quality Act, (the custodian of which is the Chief Engineer who is located at 255 Glacier Drive, Martinez) and DIRECT the Director of Community Development to file a Notice of Determination and a Certificate of Fee Exemption: De Minimis Impact Finding with the County Clerk, and Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON Mach 23, 1999 APPROVED A5 RECOMMENDED VOTE of SUPERVISORS UNANIMOUS (ABSENT N�,n� _ } AYES: NOES: ASSENT: ABSTAIN: I hereby certify that this is a true and correct copy G:\GrpData\Design\Board Orders\BO 9999\ of an action taken and entered on the minutes of Grayson geek Phase 9 3-23.doc the Board of Supervisors on the date shown. Orig.Div: Public Works(Design Division) Contact: K. Ernigh(393-2233) ATTESTED: P7/, . V CC,. County Admin, E. Kuevor PHIL BATCHELOR,Clerk of the Aoard of Auditor-Controller Community Development,J.Frattini Supervisors and County Ad-nimistrator PW Accounting �� Construction By ,Deputy Design, L.Chavez Comm- ni� Contra Dermfs M.Safra MCP oma;:} n�-iy Dsvalgp ort Director Development Costa Department Cty County Aomi stmt€or. BjHding r 851 Ping Street , ` Floor, Norte Wing �dart€cez, California 94553-0095- P 455 3u0s9P oro: (925)335-1276 Date:March 3, 1999 County.File#CP 99-15 Public Works Department Attention:Leigh Chavez-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 dumber 5 Wde dum to Nog Dec). In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970(CEQA),it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: (V) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. ( } The project is categorically exempt(Class ). ( ) The CEQA 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). (V°) Addendum t©Negative Declaration ( ) 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(925)335-1213 and ask for Debbie Chamberlain. Sincerely yours Dennis M.Barry,AICD Community Development Director By: Com-x�z hAcegatbnns\pwdcega.Str Office sous Monday- F=riday;0:00 a.m.z 5:00 p.m. Off cc is closed the 1 st, 3rd&5th Fridays of each rno nth d r PROOF OF PUBLICATION CONTRACTORS The Chief En sneer will re- me STATE OF CALIFORNIA oseasedrks Dlic epdes at t Pub- RECEIVED County of Contra Costa Rich Building, 255 r lsder Drive, Martinez, California I am a citizen of the United States and a resident of the 94563-4897,on �ulntll 2yo'clockLLL- Genera; County aforesaid; I am over the age of eighteen years, W'6o time�ey;Ull be pub- and not a party to or interested in the above-entitled ll a aid read, for: matter. AYE 1. Ba > rPAfle. work description:In CLERKh .s I am the Principal Legal Clark of the Contra Costa Tithes, Stan Seo meters of twin 2.44. a newspaper of general circulation, printed and published 2• r or 2.74 meter diameter w �x eiterrhatve pipes ooratlfoi a# 2640 Shadelands Drive in the City of Walnut Creek, an outfall atntof�, man- County of Contra Costa, 94598, holes, and bulWheads and provide temporary fencing and re-sodding of the dis- And which newspaper hes been adjudged a newspaper of Curbed grass area. general circulation by the Superior Court of the County of E insets cost estimate: Contra Costa, Stats of California, under the date of $9s,000• October 22, 1934. Case Number 19764, A pre-bid meeting will be held on M©r day. April 12, The notice, of which the annexed is a printed co (set in 1999 at Works a.m. a the p copy Public Works Department to type not smaller than nonpareil), has been published in cover the county's Bidder each regular and entire issue of said newspaper and not Outreach Program.Prospec- in any supplement thereof on the following dates,to-wit: recommendedrs t not mattendance n da C.ontrect Documents Inciud- March 31 Ing pland ane viewed anftb- all in theear of 1999 shined at the Public works y Department,C.G.Bich Build- Ing, uild- e n z,2CeiGif EarOnVe e94556-M4% arti- 1 certify (or declare) under penalty of perjury that the Monde Thursday n:old foregoing is true and correct, &m.-1p2.Noon and :00Frlappy.me. To obfain pans, sped ca- Executed at Walnut Creek, California, Iona,a service charge is re- On this 31 day of March 1999 qquUlred In the amount of �. P21.N5 (eaiea tax Included). PLANS AND SPECIFICA- TIONS MAY BE ORDERED BY ..w,1...<.......... MAIL FOR AN ADDITIONAL Signature SHIPPING AND HANDLING FEE Cr$3.00. Checks shell Contra Costa Times be made payacia to 'The P O Box 4147 b el d the5 e Contra Costa'and Walnut Creek, CA 94596 dress.The n%da of not the (51©) 935-2525 guarantee cketlntimaforblddEng. Tna bid packet will not be sent overnight men. Proof of Publication of: This 0ontact.ls subect to ,attached is a copy of the€egal advertisement that Wn and compliance mire- published) menta pursuant to Govern merit Code,Section 12290. The Contractor ehal;possess a Class A or Clara G.12 Con- tractoes,License a?the time the Contract Is awarded. Bids must cover the entire project, and neither.partlal nor contl conWC gent bids wIA..be The successful bidder shall fumish a payment bond and a performance bond. The Board has ascertained the general prevailing rate of =diem s applicable to this par dwe�eprevailing flare of ti�tstr�CElark The of Iia th Board of Su- petvEsorar and Is Incorporated herein by reference thereto. the same as If set forth In tali herein. For an classification not Included En`the list, the minimum wage shall be the Cenerai prevailing rate for antra Costa County. The bid opening data may by extended by addericurn is sued by the AycY no islet than April 23 i999,In whioth A71sitbld inn toll be returned unopened and sealed bid proposals for the extended bid opening shall be submitted on or before May 11,at 2:00 tz m. and VAI be o reed record- ad ai the Barrie plat a epecl- By order of the Board of Su- ileo above.Ali prapoea, re- rvlsons as Me governing delved late wail tsa returned of the Cortre Coma The s Board reserves the County Pk>oti Conical and right to reject any and all bids water C helot at on District I Ph#Batchelor or any portion of any bid clerk of the { and/or waive any Irregularity Board of Supervisors in arty bid received. and Counttyy Adr inlstrator For re arding the By Susie Yuman,De uty project contact Kevin EtnE�h Dated:Match 24,1999 Dgn3DMafon, at (9253 LagafOCT5428 222 Publish March 31,1909 . SUBJECT: Approve Project, Plans and Specifications and Advertise for bids for the Grayson Creek Bypass Phase 1 Project in the Pleasant Hill area. CDD CP#99-15 DATE: March 23, 1999 PAGE: 2 DIRECT the Chief Engineer to arrange for payment of the $25.00 handling fee to the County Clerk. DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section 22037 of the Public Contract Code, and ADVERTISE for bids to be received on Tuesday, April 27, 1999, at 2:00 p.m. II. FINANCIAL IMPACT: The estimated contract cost of the project is $900,000, funded by Drainage Area 46 Fees (47%), Zone 313 Funds (43%), and City of Pleasant Hill Participation (10%). Ill. REASONS FOR REGI.IIV MENDATION/lBACKGROUND: The project is needed to provide future flood protection to the area. This project has been determined to be in compliance with the General Plan, A Negative Declaration of environmental significance pertaining to this project was approved on January 12, 1953 (Negative Declaration for the Drainage Area 46 Formation Proiect-� CP#37--122). The Addendum to the Negative Declaration consists of the following addition: Installation of a pipe stub on the County Flood Control bypass pipe that will allow the City of Pleasant Hill to tie into the County's bypass system On the basis of the previously adopted Negative Declaration (CP#87-122) and the Addendum (CP#99415), the proposed project could not have a significant effect on the environment. Since the revised project involves only minor technical changes or additions [CEQA Guidelines Section 15164(b)] to a previously adopted Negative Declaration, an addendum to the Negative Declaration, not a new Negative Declaration, is appropriate, Upon Board approval, the Addendum will be attached to the Negative Declaration for the Drainage Area 46 Formation Project. The Chief Engineer 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. ADDENDUM to the NEGATIVE DECLARATION for DRAINAGE AREA 46 FORMATION PROJECT County File # CP 9 9-15- Project# 7520-688508-98 Prepared by: Leigh Chavez, Planner Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, California 94553-4897 January 13, 1999 Environmental Planner (Chief Planning Official) Public Works Department Title��� Lead Agency: County of Contra Costa Date: ADDENDUM to the NEGATIVE DECLARATION for DRAINAGE AREA 46 FORMATION County File # CP 01 9-15" Project# 7520-688508-98 Prepared by: Leigh Chavez, Planner Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, California 94553-4897 January 13, 1999 ADDENDUM to the NEGATIVE DECLARATION for DRAINAGE AREA 46 FORMATION PROJECT County File #CP g9-1S Project # 7520-688508-98 PREFACE A Negative Declaration (which consisted of an Initial Study, Environmental Checklist and Environmental Evaluation)was prepared in May of 1987 for the Drainage Area 46 Formation project for the creation of three detention basins, installation of several creek bypass pipelines, and minor improvements within the existing creeks. This document serves as an Addendum to the Negative Declaration for the Drainage Area 46 Formation Project (County File CP#87 122-) and evaluates a minor technical addition to the project. Consequently, the Negative Declaration for the project consists of the Negative Declaration and the Addendum. The Contra Costa Community Development Department (CDD) is the lead agency for the project. On January 12, 1988, the Board of Supervisors (Board) certified the Negative Declaration, ordered the establishment of Drainage Area 46, enacted Ordinance No. 88-6 establishing drainage fees, and directed the Chief Engineer to file a Notice of Determination for the project with the County Clerk. CEQA PROCESS The California Environmental Quality Act (CEQA) prescribes that an Addendum [CEQA Guidelines Section 15164(b)] to a previously adopted Negative Declaration shall be prepared by either the lead agency or the responsible agency if minor technical changes or additions are necessary. In accordance with CEQA Guidelines Section 15164(d), the Board shall consider the Addendum along with the Negative Declaration prior to making a decision on the project. According to CEQA Guidelines Section 15164(c), an Addendum does not require circulation for public review but can be included in or attached to the Negative Declaration. As noted in the Preface, the Addendum is attached to the Negative Declaration for the Drainage Area 46 Formation Project (County File CP#87-122). 1 EXPLANATION OF ADDENDUM The Addendum to the Negative Declaration for the Drainage Area 46 Formation Project identifies a minor technical addition to the project. The addition is as follows: The City of Pleasant Hill proposed to tie drainage from their redevelopment area into Grayson Creek upstream of the confluence of Grayson Creek and Murderer's Creek. Clue to capacity issues associated with this reach of Grayson Creek, the County Flood Control District required that the drainage flows instead be tied into the bypass pipe system (to be located between the detention basin on the Pleasant Hill High School property and the confluence of Grayson Creek and Murderer's Creek) rather than directly into Grayson Creek (Figure 1). The minor technical addition to the project consists of the installation of a pipe stub on the County Flood Control bypass pipe (extending approximately 2' out from and perpendicular to the bypass pipe)that will allow Pleasant Hill to ultimately tie in with their 48" diameter corrugated metal pipe (CMP)to the County's bypass system. All environmental compliance requirements (including regulatory permits and CEQA compliance) necessary to route drainage from the Pleasant Hill Redevelopment Area to the County's bypass pipe system have been fulfilled by the City of Pleasant Hill (Final Environmental Impact Deport, Pleasant Hill Downtown Plan, Ell' Associates, 9/13/90). ADDITION TO THE NEGATIVE DECLARATION This section identifies the language which is added or changed (boldface type) or deleted ( to the text and figures of the Neg Dec. Project Description, pg. 2, paragraph 1, 5t�' sentence: During installation of the section of bypass pipe that will run along Grayson Creek between Gregory bane and Boyd Road, a pipe.stub will be Incorporated Into the project to allow the City of Pleasant Hill to ultimately tie In to the bypass pipeline with a 48" diameter corrugated metal pipe (CMP) that will help drain their redevelopment area. The pipe stub will extend approximately 2' out from and perpendicular to the bypass pipe. All environmental compliance requirements (including regulatory permits and CE«A) associated with routing the drainage from the Pleasant Hill Redevelopment Area to the County's bypass pipe system have been fulfilled by the City of Pleasant Hill (Final Environmental Impact Deport, Pleasant Hill Downtown Plan, EIP Associates, 9113190). Environmental Impact Analysis, pg. 2, item 1c: The pipe that the City of Pleasant Hill will be attaching to the 96 inch diameter bypass pipe will be 48 Inches diameter. The capacity of the bypass pipeline is sufficient to handle the additional water from the Pleasant Hill Redevelopment Area. 2 DETERMINATION On the basis of the previously adopted Negative Declaration and the Addendum, the proposed project could not have a significant effect on the environment. Since the revised project involves only minor technical changes or additions [CEQA Guidelines Section 15164(b)] to a previously adopted Negative Declaration, an addendum to the Negative Declaration, not a new Negative Declaration, is appropriate. CONTRA COSTA COUNTY ADDENDUM FINDINGS for the NEGATIVE DECLARATION for the DRAINAGE AREA 46 FORMATION PROJECT The following information is presented to comply with Section 15091 of the CEQA Guidelines for the Negative Declaration for the Drainage Area 46 Formation project. 1. Environmental Effect: Findings: There are no significant environmental impacts associated with this site for which the Addendum was prepared. STATEMENT OF FACTS a. The project to be developed pursuant to the Addendum to the Negative Declaration for the Drainage Area 46 Formation project is substantially similar to the project analyzed in the Negative Declaration. b. The Negative Declaration for the Drainage Area 46 Formation project consists of the Negative Declaration (Initial Study, Environmental Checklist, Environmental Evaluation) and the Addendum. The Negative Declaration was completed in compliance with CEQA. c. There are no substantial changes to the project, pursuant to the CEQA Guidelines Section 15162 (a) (1), which require major revisions of the Negative Declaration. d. There are no substantial changes in the circumstances, pursuant to CEQA Guidelines Section 15162 (a) (2), under which the Drainage Area 46 Formation project is undertaken. Circumstances remain substantially similar to the circumstances analyzed in the Negative Declaration. e. There is no new information of substantial importance, pursuant to CEQA Guidelines Section 15162 (a) (3), to the Drainage Area 46 Formation project which was not known and could not have been known with the exercise of reasonable diligence, when the Negative Declaration was adopted by the Board of Supervisors. 3 f. Only minor technical changes or additions [CEQA Guidelines Section 15164(b)] are necessary, therefore, it is appropriate to adopt the Addendum to the Negative Declaration. The changes to the Negative declaration made by the proposed Addendum do not raise important new issues about significant effects on the environment. The Addendum shall be considered along with the Negative Declaration prior to the Board making a decision on the implementation of the mitigation pursuant to CEQA Guidelines Section 15164(d). The findings are supported by substantial evidence in the administrative record and are based on the Negative Declaration for the Drainage Area 46 Formation project which was subject to public review. 4 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: Addendum to the Negative Declaration for the Drainage Area 46 Formation Project. The project is located in the central Contra Costa County area near the City of Pleasant Hill. Project Proponent: Contra Costa County Flood Control District 255 Glacier Drive Martinez, CA 94553 Project description: The Addendum identifies a minor technical addition to the project description identified in the Negative Declaration for Drainage Area 46 Formation Project JanuaU 1988). The minor addition consists of the installation of a pipe stub on the County Flood Control bypass pipe that will allow the City of Pleasant Hill to tie into the County's bypass system. Findings of Exemption; An Addendum to the Negative Declaration was prepared and the potential for adverse impacts was evaluated. Considering the record as a whole, there is no evidence that the proposed project will have a potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based on substantial evidence, the County of Contra Costa rebuts the presumption of adverse effect as listed at subsection (d) of Section 753.5 of the Fish and Game Code. Certification I hereby certify that the lead agency has made the above findings of fact and that based upon the Addendum to the Negative Declaration, the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. q 1 Environmental Planner (Chief Planning Official) Public Works Department Title: Lead Agency: Count r of Contra Costa Date: G:\GRPDATA\DESIGN\Enviro\99Projects\CEQAOnly\DA46-Deminimis (Form Revised 2197) CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION i CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ,CALIFORNIA 94553.0095 Telephone: (925)313-2296 Contact Person: Cece Sellgren, Environmental Planner Project Description,Common Name(if any) and Location: DRAINAGE AREA 46 FORMATION PROJECT— ADDENDUM#1, County File#CP 99-15. The Negative Declaration for the Drainage Area 46 Formation Project was approved on January 12, 1988 (County File#CP 87-122). This Addendum to the Negative Declaration for Drainage Area 46 Formation Project identifies a minor technical addition to the project. The minor technical addition to the project consists of the installation of a pipe stub on the County Flood Control bypass pipe that will allow the City of Pleasant Hill to tie in to the County's bypass system. The project is located in the central county area near the City of Pleasant Hill. The project was approved on March 16 1999 Pursuant to the provisions of the California Environmental Quality Act ( ) An Environmental Impact Report was prepared and certified (SCH# ) ( ) The Project was encompassed by an Environmental Impact Report previously prepared for (SCH# ). (X ) An Addendum to the Negative Declaration for Drainage Area 46 Formation Protect(CP#87-122)was prepared (CP#99-15) Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. (X ) The Project will not have a significant environmental effect. ( ) The Project will have a significant environmental effect. ( ) Mitigation measures were made a condition of approval of the project. ( ) A statement of overriding considerations was adopted. ( ) Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines., 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 Dept. of Fish &Came Fees Due: County Public Work Dept. EIR-$650 Total Due$ 215 Glacier Or Neg.Dec.-$1,250 Total Paid$ Martinez,CA 94553 X DeMinimis Finding-$0 Attn:Leigh Chavez X County Clerk-$25 Receipt#: Lcsd G:\GrpDatalDesPgn\ENVIRO\99Prc,ACEQAOnty1DA46NOD (Rev.314i99)