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HomeMy WebLinkAboutMINUTES - 06202000 - C17-C21 . IIIIIIIIIIiIII11IIIIIIitIIIII111111IIIIIIIIIIIIII Recording Requested By: er Office CONTRA COSTA Co Record Contra Costs County Public Works Dept. STEPHEN L, WEIR C1erk�Recarder Construction Division DOC— 200 —� 32733_00 255 Glacier Drive Martinez, CA 94553 F, JUN 23, 2000 09:10:49 FRE $0.00 Return to: TtI Pd $0.00 Nbr-0000023080 lrelR9l1-1 WHEN RECORDED, RETURN TO CLERK BOARD OF SUPERVISORS BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for ) and NOTICE OF COMPLETION Byron Airport Automated Weather ) (C.C. § 3086, 3093) System ) Project No.4875-6X5339 RESOLUTION NO. OOI 314 The Board of Supervisors of Contra Costa County RESOLVES that: The County of Contra Costa on June 9, 1999 contracted with S.R. Hamilton Construction, Inc., for the installation of an automated weather observing system, with American Automobile Insurance Company as surety, for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of May 11, 2000. Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on June 20, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UIL,KEMA, DESAULNIER, CANCIAMILI A AND GERBER NOES: NONE A_ BSENT: Nm m CERTIFICATION AND VERIFICATION I hereby certify that this is a true and correct copy of an Contact: Mike Carlson (925)313-2321 action taken and entered on the minutes of the Board of Orig. Dept.:Public works(Const.) Supervisors on the date shown. cc: Record and Return Auditor Public works- Accounting ATTESTED: _ .1U F 20 y 2000 Construction, R. Bruno PHIL BATCHELOR, Clerk of the Board of Supervisors and - Env.,C.Sellgren County Administrator Traffic,S. Kersevan Contractor R9:kj By l+^+�"�" a Deputy VP WS4\SHARDATAIGrpOsta\ConsriBb120b4106Juno\20-9A WOS-eceopt.doc RESOLUTION NO. TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: June 20, 2000 SUBJECT: APPROVE THE STORMWATER UTILITY AREA AGREEMENT WITH THE CITY OF OAKLEY SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE Chair,Board of Supervisors for the Contra Costa County Flood Control and Water Conservation District(Flood Control District), to execute the Storrnwater Utility Area Agreement between the Flood Control District and the City of Oakley. Continued on Attachment: X SIGNATURE: .. RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JUNE 20, 2400 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct x UNANIMOUS (ABSENT manp ) copy of an action taken and entered on the minutes AYES: NOES: of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. ATTESTED: JULIE 20, 2004 PHIL BATCHELOR, Clerk of the Board G:\GrpData\Fldctl\SVvuF\BO\FCD-Oakleysw[JtilityAreaAgt.doc of Supervisors and County Administrator Orig.Div: Public Works Flood Control Contact: Linda Bulkeley—925/313-2238 C: CAC) PW—Accounting By SL•� ,Deputy B.Balbas,City of Oakley n.SUBJECT: APPROVE THE STORMWATER UTILITY AREA AGREEMENT WITH THE CITY OF OAKLEY PAGE: 2 DATE: June 20, 2000 II. Financial Impact: No impact to the General Fund. The Stormwater Utility Area Agreement (Agreement) pertains to the expenditure and administration of the stormwater utility assessment. III. Reasons for Recommendations and Background: The Flood Control District has administered the stormwater utility assessment for 16 cities and the unincorporated County area and will begin administering it for the City of Oakley in FY 200001. This assessment is the funding source for the Contra Costa Clean Water Program (also known as NPDES stormwater control activities). The Stormwater Utility Area Agreement sets forth the responsibilities of cities, County and Flood Control District regarding the collection, administration, distribution, and expenditures of stormwater utility assessment monies. The original Agreement was signed by the cities, County and Flood Control District in 1993 and was most recently amended on June 6, 2000. The City of Oakley has chosen to fund their participation in the Contra Costa Clean Water with the stormwater utility assessment. On May 9, 2000, at the City's request,the Flood Control District separated the City from the County's Stormwater Utility Area(No. 17),established Oakley's Stormwater Utility Area (No. 18) and adopted an assessment rate for FY 0001. City of Oakley and Flood Control District approval of the Stormwater Utility Area Agreement is the final step in the establishment of a stormwater utility assessment for the City of Oakley. The Stormwater Utility Area Agreement clarifies the administrative responsibilities of the City and Flood Control District for the collection, distribution, and expenditure of the assessment. The Stormwater Utility Area Agreement has been reviewed and adopted by the City of Oakley and is now being sent to the Board of Supervisors for approval. IV. Consequences of Negative Action: The Flood Control District will be unable to administer and disburse the stormwater utility assessment to the City of Oakley. STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF OAKLEY This AGREEMENT, entered into on the 27th day of March, 2000, is between the City of Oakley, a municipal corporation of the State of California, hereinafter"CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements, and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY.At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY"s SUA. 2. DEFINITIONS: As used in this AGREEMENT,the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment"shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. - Page 1 - The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance"shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co- permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed,and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. - Page 2 - 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area.All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures Monthly, DISTRICT shall charge CITY for Program Activity Costs_ Monthly, DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request 6. DISBURSEMENT OF FUNDS TO CITY/TOWNICOUNTY: Annually, but not later than January 1, May 1 and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. - Page 3 - 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Oakley County Flood Control District P.O. Box 6 255 Glacier Drive Oakley, CA 94561 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information - Page 4 - prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. CONTRA COSTA COUNTY FLOOD CITY OF OAKLEY CONTROL AND WATER CON ATION ICT By: By: Chair, Board of p rvisors City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of City Clerk Supervisors and County Administrator By: BQy: uty Recommended for Approval: Recommended for Approval: J. Michael Walford Brian M. Balbas Chief Engineer Acting City Engineer By: '' �l By' Form Approved: Form Approved: Victor J. Westman Elizabeth H. Silver County Counsel City Att ney By: •64" - ` By: Deputy Deputy - Pages - TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR. DATE: June 20, 2000 SUBJECT: STREET SWEEPING CONTRACT for COUNTY'S CLEAN WATER PROGRAM,ALAMO and SARANAP. Work Order No.: 6W7223 SPECIFIC REQUEST(S)OR RECOMMENDATI©N(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE AND AUTHORIZE Public Works Director or his designee to execute a County Clean Water Program contract with Universal Building Services in the amount of$65,000 for routine street sweeping in Alamo and unincorporated Walnut Creek (Saranap) through June 30, 2002. [Funding: Unincorporated County Clean Water Program, 94.8%; County-wide Landscaping District(LL-2), Zone 36, 5.2%] Continued on Attachment: X SIGNATURE:-,,, RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUNE 20, 2000 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS (ABSENT NONE copy of an action taken and entered on the minutes AYES: NOES: of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. ATTESTED: .TUNE 20, 2000 PHIL BATCHELOR, Clerk of the Board G:\GrpData\FldCtl\NPDES\BO\UBSswContract62000.doc of Supervisors and County Administrator Orig.Div: Public Works Flood Control Contact: Linda Bulkeley—(925)313-2238 c: PW—Accounting&Flood Control , Auditor-Control-Contracts By - �� � , eputy Universal Building Services Skip Epperly,Sp.Districts SUBJECT: STREET SWEEPING CONTRACT for COUNTY'S CLEAN WATER PROGRAM. DATE: June 20, 2000 PAGE: 2 II. Financial Impact: No impact to General Fund. Contract will be funded with stormwater utility assessments from the unincorporated areas (Fund 2517) designated to the County's Clean Water Program (94.8% and from County-wide Landscaping District (LL-2), Zone 36 (5.2%). Street sweeping of portions of Alamo was previously funded entirely with special district revenues. III. Reasons for Recommendations and Background: Adoption of this contract will result in monthly street sweeping of curbed streets in the unincorporated areas of Alamo and Walnut Creek(Saranap). Sweeping will be a new service for the Walnut Creek(Saranap)area and for the majority of the Alamo area. In the past, County-wide Landscaping District, Zone 36 funded monthly street sweeping along Danville Blvd, Livorna Road, Stone Valley Road and Miranda Avenue. Other unincorporated regions receiving routine street sweeping services are most of West County (El Sobrante, North Richmond, Rodeo, Crockett, Rollingwood and Montara Bay), unincorporated areas of Pacheco, Clyde, industrial north Martinez/Concord, Pleasant Hill, Discovery Bay and Bay Point. Delta Diablo Sanitary District pays and is responsible for service to Bay Point. The County's Clean Water Program will administer this contract. The contractor, Universal Building Services (UBS), competed with two other companies and presented the lowest overall bid. UBS is also successfully providing routine, street sweeping services in West, Central and East County communities. Routine street sweeping satisfies the goal of the County's Clean Water Program,to reduce, eliminate, and prevent stormwater pollution and is mandated by the California Regional Water Quality Control Boards through their joint Municipal Stormwater NPDES Permit with the County and cities of Contra Costa. This activity removes sediment, debris, and other contaminants that might normally enter the storm drain system and flow untreated to creeks and other natural waterways. The County's Clean Water Program is not responsible for non-routine street sweeping related to road improvements and maintenance (chip seal cleanup) and/or construction projects. IV. Consequences of Negative Action: No routine street sweeping will be provided to Alamo and Walnut Creek(Saranap). The County will not be in compliance with its Municipal Stormwater Permit with the State Regional Water Quality Control Board TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: June 20, 2000 SUBJECT: AMEND STREET SWEEPING CONTRACT for CITY OF OAKLEY. Work Order No.: 6W7226 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE AND AUTHORIZE Public Works Director or his designee to amend a contract with Universal Building Services to increase the payment limit by$48,198 to a new payment limit of$98,000 for routine street sweeping of additional curb miles in Oakley and to extend the term of the contract through June 30, 2001. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUNE 20, 2000 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS (ABSENT NONE ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. ATTESTED: JUNE 203 2000 G:\GrpData\Fldctl\NPDES\bo\U]3SOakleyContract62000.doc PHIL BATCHELOR, Clerk of the Board Orig.Div: Public Works Flood Control Contact: Linda Bulkeley—(925)313-2238 of Supervisors and County Administrator c: PW—Accounting&Flood Control Auditor-Controller-Contracts Universal Building Services City of Oakley By , Deputy g ' /* MSUBJECT: AMEND STREET SWEEPING CONTRACT for CITY OF OAKLEY. DATE: June 20, 2000 PAGE: 2 II. Financial Impact: No impact to General Fund. The County will fund the additional services through FY 99/00 of$1,015 with the County's Stormwater utility assessment (Fund 2517). The City of Oakley will fund the one-year extension of the contract for the amount of$47,183 with stormwater utility assessment revenue(Fund 2518) designated to Oakley's Clean Water Program. III. Reasons for Recommendations and Backgrounds Universal Building Services has been providing semi-monthly street sweeping of curbed streets in Oakley since May 1999 to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES)Permit. Adoption of this contract amendment will cover the cost of additional services and extend the current thirteen-month contract by one fiscal year. The County's Clean Water Program has administered this contract for the City during its first year of incorporation and has been asked to continue this service during fiscal year 2000/01. Several months after the inception of the contract,the City and the contractor identified several streets or portions of streets that the County had not included in the contract's original scope of service. The scope of service has been expanded to include these twelve streets or street portions totaling approximately 10 curb miles. Universal Building Services is requesting the same dollar rate per curb mile for the additional streets and for the performance of routine street sweeping in Fiscal Year 2000/01. The City, like the County, is required under its joint Municipal Stormwater NPDES Permit (Permit)with the Central Valley Regional Water Quality Control Board to routinely sweep curbed streets. Routine street sweeping removes sediment, debris, and other contaminants that might normally enter the storm drain system and flow untreated to creeks and other natural waterways. The original contract was signed in May 1999, prior to adoption of the County's SBE Program. Universal Building Services competed with four other companies and presented the lowest overall bid. Under normal circumstances,the County Clean Water Program would have contracted for two years of sweeping services, but chose a shorter one-year term to match Oakley's first year of incorporation. The City is satisfied with Universal Building Services performance and has requested a continuation of the current service level during FY 2000/01. Extension of the existing contract will satisfy the City's request. The routine street sweeping services provided by this contract are separate and have a different funding source than non-routine street sweeping related to road improvements and maintenance(chip seal cleanup) and/or construction projects. IV. Conse+q_uences of Negative Actions No routine street sweeping will be provided to Oakley. The County has agreed to provide street sweeping and other Clean Water Program services for the City. If this contract is not extended beyond June 30,2000, the City will not be in compliance with its Municipal Stormwater Permit with the State Regional Water Quality Control Board. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 20, 2000 SUBJECT: APPROVE THE WEST ALAMO CREEK AT BETTENCOURT BASIN PROJECT AND DETERMINE THAT THE PROJECT IS A CEQA CLASS 1D CATEGORICAL EXEMPTION IN THE DANVILLE/BLACKHAWK AREA. CDD-CP#00-23, PROJECT NO. 7521-6D9L83. Tp—ecific Request(s) or ecommen at ons ac groupd & Justification 1. RECOMMENDED ACTION: APPROVE West Alamo -Creek at Bettencourt Basin Project, located 30 feet downstream of inlet weir, Bettencourt Basin, and DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 1d Categorical Exemption, and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. r. Continued on Attachment: X SIGNATURE: 6"' t il-V RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JUNE 20, 2000 APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an VOTE OF SUPERVISORS action taken and entered on the minutes of the Board of X UNANIMOUS(ABSENT NONE ) Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JUNE 20, 2000 EC:df PHIL BATCHELOR, Clerk of the Board of Supervisors G:\GrpData\EngSvc\ENVIRO\2000projects\Board OrderslBoard Order and County Administrator West Alamo Cr @ Bettencourt Basln.doc Orig.Div: Public Works(Maintenance Div.) Contact: J. Fahy; (925)313-7912 By 9&6e� cc: Administrator-Attn: E.Kuevor Deputy 44 Auditor-Controller Community Development—D. Foley Public Works: Accounting J. Fahy, Maintenance C.Sellgren,Engineering Services SUBJECT: APPROVE THE WEST ALAMO CREEK AT BETTENCOURT BASIN PROJECT AND DETERMINE THAT THE PROJECT IS A CEQA CLASS ID CATEGORICAL EXEMPTION IN THE DANVILLE/BLACKHAWK AREA. CDD-CP#00-23, PROJECT NO. 7521-6D91-83. DATE: June 20, 2000 PAGE: 2 RECOMMENDED ACTION (continued): AUTHORIZE the Chief Engineer to arrange for payment of a $25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Exemption. 11. FINANCIAL IMPACT: The estimated project cost is $ 30,000.00 funded by FEMA (75%), STATE OES (18%), DRAINAGE AREA 1010 FEES (7%) Funds. 111. REASONS FOR RECOMMENDATION/BACKGROUND: The project is needed to stabilize this section of W. Alamo Creek and prevent further bank erosion. The project consists of repairing toe of bank erosion by excavating and removing unstable soil and replacing it with vegetated riprap. The section to be stabilized 60' x 20' x 3'. All vegetated riprap will be covered with soil and seeded above the ordinary high water mark. All bare slopes will be seeded with a native seed mix at the completion of the project. One tree planted for mitigation purposes may need to be removed as a result of constructing this project. In addition three mitigation plantings may be impacted through accessing the site. All mitigation plantings impacted will be replaced at a 3:1 ratio. The project has been determined to be in compliance with the General Plan and is exempt from CEQA because it consist of maintaining and repair of a existing flood control structure. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT # 7521-6D9L83 CP# 00-23 PROJECT NAME: West Alamo Creek Bank Repair, Bettencourt Basin PREPARED BY: Earl Crosby� DATE: May 10, 2000 APPROVED BY: DATE: RECOMMENDATIONS: (X) Categorical Exemption (Class 1d) ( ) Negative Declaration ( ) Environmental impact Report Required ( ) Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The proposed project consists of repairing an existing flood control facility. The repair will not result in any expansion of use beyond that previously existing. The project will not result in the removal of any scenic resource. What changes to the project would mitigate the identified Impacts N/A USGS Quad Sheet Diablo Base Map Sheet# U-19 Parcel # N/A GENERAL CONSIDERATIONS: Location: West Alamo Creek 30 feet downstream of inlet weir, Bettencourt Basin in the Danville / Blackhawk Area (Figures 1-3) Project Description: The project consists of repairing toe of bank erosion by excavating and removing unstable soil and replacing it with vegetated riprap (Figure 4). The section to-be stabilized 60' x 20' x 3'. Construction will occur during the summer, however, West Alamo Creek is perennial and flows will need to be diverted around the project site. A water diversion system reviewed by the County and approved by the CA Dept. of Fish and Game will be applied to dewater the construction site (Figure 5). A sediment filter dam will be installed downstream of the project site to minimize sedimentation within the creek / detention basin as a result of the project. The repair activity will be kept to the minimum necessary to accomplish the repair, and the work site will be kept clear of construction debris. Any alterations to channel grade will be returned to pre-construction conditions at the completion of the project. The contractor will determine access to the project site. All vegetated riprap will be covered with soil and seeded above the ordinary high water mark. All bare slopes will be seeded with a native seed mix at the completion of the project. One tree planted for mitigation purposes may need to be removed as a result of constructing this project. In addition three mitigation plantings may be impacted through accessing the site. All mitigation plantings impacted will be replaced at a 3:1 ratio. Best Management Practices (BMPs) will be utilized throughout the course of the project. For example, construction will occur during the dry season (June-September). Environmentally Sensitive Area fencing will be the first order of work to clearly dune the project limits and area of impact. Dewatering of work site and installation of sediment filter barriers will occur before the start of construction. Locating of stockpiles will be outside of streamzone, the only exception being the willow (Salix ssp.) cuttings and stakes. In addition, fueling and maintaining of equipment will occur at designated staging areas. Maintaining a clean work site will be employed daily. All bare slopes will be seeded with a native seed mix at the completion of the project. Based on the fairly rural character of the site, riparian cover, emergent vegetation and pools the habitat quality for CA. red-legged frogs is good. documented occurrences of this frog species within Alamo Creek watershed also contribute to the potential of their presence. Representatives of the Public Works Department met with a United States Fish and Wildlife Service (USFWS) biologist. The USFWS biologist determined the project as described is not likely to adversely affect CA red legged frogs with certain specific conditions. The conditions includes, preconstruction survey for CA red-legged frogs within one week of start date, diversion of flows, and working during the dry season (July-September). These conditions have been incorporated into our project's Best Management Practices. In addition, dispatching of bullfrogs (Rana cafesbeiana)will be conducted for the duration of the project. Coes It appear that any feature of the project will generate significant public concern? [] yes [X] no [] maybe (Mature of concern): 4. Will the project require approval or permits by other than a County agency? [X] yes a no Agency Name(s) CA Dept. of Fish and Game, San Francisco Bay Regional Water Quality Board and the U.S. Army Corp of Engineers 5, Is the project within the Sphere of Influence of any city? No G:\GrpData\Engsvc\ENVlRO\2DOO projectsWaint.proJs\West Alamo Cr.C Bettencourt BasKCat Ex W Alamo Cr Q Bettenc curt Basin.doc (Form Revised 2/97) CALIFORNIA ENVIRONMENTAL QUALITY ACT ` Nlotice 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 Selloren-Public Works r_e t Project Description, Common Name (if anyand Location. West Alamo Creek 30 feet downstream of Inlet weir, Bettencourt Basin, County File #:CP 00-23 Project gescription The project consists of rewiring toe of bank erosion by excavating and removing unstable soil and replacing it with vegetated riprap. The section to be stabilized 60'x 20'x 3'. Construction will occur during the summer, however,West Alamo Creek is perennial and flows will need to be diverted around the project site. A water diversion s stem reviewed by the County and approved by the CA Dept. of Fish and Game will be applied to dewater the construction site. A sediment filter dam will be Installed downstream of the project site to minimize sedimentation within the creek/detention basin as a result of the project. The repair activity will be kept to the minimum necessary to accomplish the repair, and the work site will be kept clear of construction debris. Any alterations to channel grade will be returned to pre-construction conditions at the completion of the project. The contractor will determine access to the project site. All vegetated riprap will be covered with soil and seeded above the ordinary high water mark. All bare slopes will be seeded with a native seed mix at the completion of the pro1'ect. One tree planted for mitigation purposes may need to be removed as a result of constructing this project. in addition three mitigation plantings may be impacted through accessing the site. All mitigation plantings Impacted will be replaced at a 3:1 ratio. Best Management Practices(BMPs)will be utilized throughout the course of the project. For example,construction will occur during the dry season(June-September), Environmentally Sensitive Area fencing will be time first order of work to clearly define the project limits and area of.Impact. Dewatering of work site and Installation of sediment filter barriers will occur before the start of construction. Locating bf stockplies will be outside of strearnzone,the only exception being the willow(Saffx ssp.)cuttings and stakes. In addition, fueling and maintaining of equipment will occur at designated staging areas. Maintaining a clean work site will be employed daily. All bare slopes will be seeded with a native seed mix at the completion of the project. Based on the fairly rural character of the site,riparian cover, emergent vegetation and pools the habitat quality for CA. red- legged frogs is good. Documented occurrences of this frog species within Alamo Creek watershed also contribute to the potential of their presence. Representatives of the Public Works Department met with a United States Fish and Wildlife Service (USFWS) biologist. The USFWS biologist determined the project as described is not likely to adversely affect CA red legged frogs with certain specific conditions. The conditions includes,preconstruction survey for CA red-legged frogs within one week of start date,diversion of flows, and working during the dry season (July-September). These conditions have been incorporated Into our project's Best Management Practices. Project location: The project is located on .West Alamo Creek 30 feet downstream of inlet weir, Bettencourt Basin, in the central county area In the Danville/Biackhawk Area. This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) — Other Statutory Exemption, Section _ .,._, Declared Emergency(Sec. 15269(a)) General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, Class 1 d for the following reason(s): The project consists of the repair of an existing damaged public facility. The repair will not involve an expansion of use beyond that previously existing nor result In the removal of any scenic resource. Date: By: Communi 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. 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