HomeMy WebLinkAboutAGENDA BACKUP 11-15-90
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Central Contra Costa Sanitary LJistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
November 15, 1990
NO.
4. CONSENT CALENDAR c.
SUBJECT
DATE
November 7, 1990
AUTHORIZATION FOR P.A. 90-14 (ORINDA)
TO BE INCLUDED IN A FUTURE FORMAL
ANNEXATION TO THE DISTRICT
TYPE OF ACTION
ACCEPT ANNEXATION
FOR PROCESSING
S~~~Hf~YHall
Associate Engineer
INITIA T~)\lf!nC2~r ing Department
Construction Division
Orinda
(69C4)
Owner Address
Parcel No. & Acreage
Della T. Rowley
1881 Drake Drive
Oakland CA 94611
265-090-005 (0.25 Ac)
Remarks
Lead
Agency
Parcel
No.
Area
90-14
Existing house with
a failing septic
system; must connect
to the public sewer
system. CCCSD to
prepare "Notice of
Exemption"
CCCSD
ECOMMENDATION:
nnexation.
Authorize P.A. 90-14 to be included in a future formal
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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PROPOSED ANNEXATION
P.A.90-14
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Centra.. ~ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
November 15, 1990
NO.
4.
CONSENT CALENDAR d.
ACCEPT THE CONTRACT WORK FOR THE INSTAllATION OF
MEETING ROOM HVAC IMPROVEMENTS, DISTRICT PROJECT
NO. 10070, AND AUTHORIZE FILING OF NOTICE OF
COMPLETION
DATE
November 9, 1990
TYPE OF ACTION
SUBJECT
CONSENT CALENDAR
SUBMITTE,D BY L B I h
James . e c er
Senior Engineer
INITIA TING DEPT./DIV.
Plant Operations Department
ISSUE: Construction has been completed on the Installation of Meeting Room HV AC Project,
District Project No.1 0070, and the work is now ready for acceptance.
BACKGROUND: This project installed a larger, improved heating and air-conditioning system in
the Board of Directors' Meeting Room. The existing system operated poorly, resulting in
overheating, excessive cooling, and drafty air patterns. The new system with increased heating
and cooling capacity and improved controls will significantly improve these unsatisfactory
conditions.
The contract was awarded to the lowest responsible bidder, PM&M Electric, Inc., on August 13,
1990. The contractor was issued a Notice to Proceed on August 23, 1990. All work was
substantially completed by October 19, 1990, a month after the original completion date. The
delay results from removal of asbestos from the roof and installation of a new four-ply roof. A
change order for an extension of contract time and associated costs was negotiated with the
contractor.
It is appropriate to accept the contract work at this time. The Capital Improvement Budget
construction cost estimate was $70,000. The installation bid price was $66,000. The
equipment was pre purchased for $13,000. A deductive change order was negotiated for
$20,000. Additive change orders totaled $12,800. The reroof work performed under a separate
contract totaled $12,000. A detailed accounting of the project costs will be provided to the
Board of Directors at the time of project close-out.
RECOMMENDATION: Accept the contract work for the Installation of the Meeting Room HVAC
Project, District Project No.1 0070, and authorize filing of Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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Central Contra Costa Sanitary llistrict
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION
PAPER
BOARD MEETING OF
November 15, 1990
NO
4.
CONSENT CALENDAR e.
SUBJECT
DATE
ADVISE THE BOARD OF THE CLOSE OUT OF THE
ORINDA CROSSROADS PUMP STATION ODOR CONTROL
PROJECT (DP 4531 )
November 9 1 990
TYPE OF ACTION
INFORMATIONAL
SUBMl-1,;TED ax.. SKI" k
nonalu . Imcza
Senior Engineer
INITIATING ~E.PT",lXV. D t t/
t:nglneenng epar men
Construction Division
ISSUE: All work has been completed on the Orinda Crossroads Pump Station Odor
Control Project (DP 4531), and this project can now be closed out.
BACKGROUND: This project was designed to make two major improvements to the
existing Orinda Crossroads Pump Station. First, the foul air and office work space
airstreams were separated by ducting modifications to eliminate mixing of the two
airstreams. Second, a prefabricated odor control unit together with new fiberglass
ducting was installed. The foul air from the wet well is now directed via the new ducts
and fans through activated carbon and chemically treated media beds in the odor control
unit to eliminate all odor before the airstream is discharged into the atmosphere. A
location map is shown on Attachment A. This work was undertaken due to a large new
business complex being constructed next to the pump station and the close proximity of
the BART station. A more detailed description of this project is provided in the 1989-90
Capital Improvement Budget on page CS-66.
The contractor, Monterey Mechanical Company of Oakland, commenced work on August
30, 1989, and substantially completed all work on December 29, 1989. The original
contract completion date of December 5, 1989, was extended by change order to
December 29, 1989, to complete necessary additional electrical work. The Board of
Directors accepted the project on January 11, 1990.
Monterey Mechanical's original construction contract was for $124,000. There were
three change orders issued on the project totaling $1,647.54. These change orders were
necessary to compensate the contractor for extra work related to buried obstructions and
various electrical modifications. The total contract amount paid to Monterey Mechanical
Company was $125,647.54. After completion of the contract work, the portion of the
existing fence around the pump station facing Camino Pablo was replaced with a new
chain link fence with redwood slats to satisfy City of Orinda aesthetic concerns.
REVIEWED AND RECOMMENDED FOR BOARD ACT/ON
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INIT,W IDIV
SUBJECT
POSITION PAPER
ADVISE THE BOARD OF THE CLOSE OUT OF THE
ORINDA CROSSROADS PUMP STATION ODOR CONTROL
PROJECT (DP 4531 )
PAGE 2
DATE
OF 3
November 9 1990
The total budget for the project was $228,380. The total completed project cost is
$223,200, which is $5,180 less than the budget. The developer of the adjacent business
complex (Crossroads Associates) entered into an agreement with the District to contribute
$40,000 to the project construction budget. Although only $10,000 had been paid by
this developer prior to the foreclosure of the development project, District staff was
recently successful in collecting the remaining $30,000 contribution from the new
owners. Therefore, staff is now proceeding to close out the project account which will
result in $45,180 ($5,180 plus $40,000) being credited to the Collection System
Program.
RECOMMENDATION: This item is presented to the Board of Directors for information
only. No action is necessary.
13028-9/85
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PROJECT SITI:
LOCATION MAP
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ORINDA 'CROSSROADS
PUMPING STATION
SITE PLAN
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New Pre-Fabricated
Odor Control Unit
Central Contra Costa
Sanitary District
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Orinda Attachment.
Pump Station Odor Control Project A
(DP 4531)
2523-9/88
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Central Contra Costa Sanitary district
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION PAPER BOARD MEETING OF November 15, 1990
NO.
4. CONSENT CALENDAR f.
SUBJE~T
::iET DECEMBER 6, 1990 AS THE DATE FOR A
PUBLIC HEARING TO CONSIDER APPROVAL OF A
NEGATIVE DECLARATION AND APPROVAL OF THE
COUNTRY GARDENS/THIRD AVENUE SEWER
IMPROVEMENT PROJECT, DP 4615
DATE
November 9, 1990
TYPE OF ACTION
SET PUBLIC
HEARING DATE
SUBMITTED BY
Russell Leavitt
INITIATING DEPT /DIV
Engineering Department/
ISSUE: District practice is to hold a public hearing prior to Board consideration of
approval of a Negative Declaration.
BACKGROUND: At its December 6, 1990 meeting, the Board will be requested to
approve a Negative Declaration prior to approving the Country Gardens/Third Avenue
Sewer Improvement Project.
The project proposes to replace, relocate, relieve, or abandon various deteriorating sewer
pipes in the area of Pleasant Hill and Walnut Creek generally bounded by North Main
Street, Oak Park Boulevard, Camino Verde, and Alvarado Avenue (see Figure 1). The
goals of the project are to minimize recurring wet weather sewer overflows, correct
hydraulic deficiencies, and minimize future maintenance requirements in the project area.
This project is included in the 1990-91 Capital Improvement Budget beginning on page
CS-25. The estimated total project cost is $3,953,000.
It is customary to hold a public hearing to receive public comments on the Negative
Declaration during the Board Meeting at which the Negative Declaration is presented for
consideration of approval.
RECOMMENDATION: Set December 6, 1990, as the date for a public hearing to receive
public comment on the Negative Declaration for the Country Gardens/Third Avenue Sewer
Improvement Project, DP 4615.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
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Central Contra Costa Sanitary District
5019/mho{f Place Martinez, California 94553-4392 (415) 6893890 FAX: (415) 676-7211
DRAFT NEGATIVE DECLARATION
COUNTRY GARDENS/THIRD AVENUE
SEWER IMPROVEMENT PROJECT
ROGER J, DOLAN
General Manager
Chief Engineer
KENTON L ALM
Counsel for the District
(415) 938-1430
JOYCE E, MURPHY
Secretary of the District
PROJECT LOCATION
The Central Contra Costa Sanitary District proposes to replace,
relocate, relieve, or abandon various deteriorating sewer pipes
within the District's Watershed 23 in the area of Pleasant Hill and
Walnut Creek generally bounded by North Main Street, Oak Park
Blvd., Camino Verde, and Alvarado Avenue (see Figures 1 and 2 in
the attached Initial StUdy).
PROJECT DESCRIPTION SUMMARY
The goals of this project are to eliminate recurring wet weather
sewer overflows, correct hydraulic deficiencies, and minimize
future maintenance requirements in the project area. Table 1 in
the attached Initial Study lists the pipes to be replaced and
Figure 2 shows the location of these pipes. A detailed discussion
of the project description is presented in the attached Initial
Study.
MITIGATION INCORPORATED INTO THE PROPOSED PROJECT
Mitigation measures have been incorporated into the proposed
project to reduce or eliminate potentially significant construction
impacts. These measures are discussed in detail in the attached
Initial Study.
FINDINGS
As a Lead Agency, the District has conducted an Initial Study of
the proposed project to determine if the project may have a
significant effect on the environment. The Inital Study was
prepared by the environmental consulting firm of Michael Clayton &
Associates.
A community meeting will be held in the project area on November 7,
1990 to assess community concerns and receive comments on this
environmental document. A public hearing is expected to be held
before the District's Board of Directors on December 6, 1990, after
which the Board will consider approval of the Negative Declaration
and the proposed project.
@ Recycled Paper
I
The District finds that the attached Initial study adequately,
accurately, and objectively evaluates the proposed project's effect
on the environment. On the basis of this Initial study, it has
been determined that there is no substantial evidence before the
District that the project may have a significant effect on the
environment.
The District further finds that Public Resources Code Section
21081.6 regarding a mitigation monitoring program is not applicable
to this project since no changes or conditions of project approval
are required to mitigate potentially significant effects.
Proposed:
(~
1/-/- io
Date
Approved Pursuant to Resolution No.
Date
Joyce E. Murphy
Secretary
Central Contra Costa Sanitary District
COUJI'.rRY GUDBBS/DZRD AVI5IIUI5
SBllBR ~ PJtOJBc-.r
:na-.rxar. 8-.roDY
Prepared for:
central Contra Costa sanitary District
Prepared by:
Michael clayton , Associates
October 30, 1990
!'ADLE OF COItTBItTS
~
I. BACKGROUND . . . . . . . . . . . . . . . . . . . . . . 1
II. PROJBC!' DBSCRIP!'IOR . . . . . . . . . . . . . . . . . 1
Project Purpose and Need . . . 4
Project Design . . . . . . . . . . . . 5
Construction Process and Operations . . . 6
Construction staging and Logistics . . 12
Encroachment Permits and Easements . . 13
Proposed Mitigation Measures . 14
Project Phasing 22
Related Projects . 22
III. BRVIRONKBR'l'AL IKPAC!'S . . . . . . . . . . . . . . . . 24
Earth 24
Air 27
Water . . . . . 28
Plant Life . . 31
Animal Life 33
Noise 35
Light and Glare . . . 36
Land Use . 37
Natural Resources 38
Risk of Upset . 38
Population . 39
Housing . . . . . 40
Transportation/Circulation . 41
Public Services 44
Energy . 45
utilities 45
Human Health . 47
Aesthetics . 48
Recreation . . . . . 48
Cultural Resources . 49
Mandatory Findings of Significance . 50
IV. BRVIRONKBR'l'AL FIRDIRGS . . . . . . . . . . . . . . . . 53
V. PBRSORS AND ORGARIZATIORS CORSOLTBD . . . . . . . . . 54
VI. BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . 55
VII. LIST OF PRBPARBRS . . . . . . . . . . . . . . . . . . 55
06900015
APPENDIX A
List of I'iqures
Figure 1
Figure 2
Figure A-l
List of Tables
Table 1
06900015
TABLE 01' COIl'1'EII'1'S
(continued)
Approved Watershed 23 Sewer
Replacement Project Map
. . . . . . . .
Boundaries of Watershed 23 and the Country
Gardens/Third Avenue Project Area . . . . .
Proposed Country Gardens/Third Avenue Sewer
Improvement Project . . . . . . . . . . . .
Approved Watershed 23 Sewer Replacement
proj ect . . . . . . . . . . . . . . . .
Proposed Country Gardens/Third Avenue
Sewer Improvements . . . . . . . . . .
~
55
2
3
57
8
BBVIROBXBITTAL
CHBCKLIST
PORK
October 30, 1990
x. BACKGR01JIID
Name of PrODonent: Central Contra Costa Sanitary District,
Martinez, California
Address and Phone Number of ProDonent: 5019 Imhoff Place,
Martinez, California 94553-4392; 415/689-3890
Contact: Mr. Russell B. Leavitt, Planning Assistant
Date of Checklist Submitted: October 30, 1990
Aaencv Reauirina Checklist: Central Contra Costa Sanitary
District
Name of Proposed Project: Country Gardens/Third Avenue Sewer /
Improvement project
xx. PBOJB~ DBSCRIptIO.
The Central Contra Costa Sanitary District (District) proposes
to replace, relocate, relieve, or abandon various deteri-
orating sewer pipes in the area of Pleasant Hill and Walnut
Creek generally bounded by North Main Street, Oak Park
Boulevard, Vessing Road, and Alvarado Avenue.
The proposed Country Gardens/Third Avenue Sewer Improvement
Project is located within the Country Gardens and Third Avenue
Subareas of the District's Watershed 23. Watershed 23
encompasses the area west of the District's main sewer
interceptor line (A-line) between Gregory Lane on the north to
the Interstate 680/Highway 24 interchange on the south (Figure
1). The Country Gardens Subarea lies within the City of
Pleasant Hill and is bounded by Oak Park Boulevard to the
north, Putnam Boulevard to the east, Geary Road to the south,
and Pleasant Hill Road to the west. The Third Avenue Subarea
lies within the City of Walnut Creek and is bound by North
Main street to the east, Camino Verde to the west, Geary Road
to the north, and Alvarado Avenue to the south (Figure 2).
Goals of the proposed project are to 1) minimize the reoccur-
rence of overflows, 2) correct deficiencies, and 3) reduce
high maintenance requirements in the project area. Benefits
of the proposed project include: 1) reduced wet weather flows;
2) decreased maintenance; 3) decreased potential for over-
flows; 4) elimination of pipes with adverse grades, flat
06900015
1
1
...... Boundary of Country Gardensl
Third Avenue Project Area
aw.
- - - Boundary of Watershed 23
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BOUNDARIES OF WATERSHED 23
AND THE COUNTRY GARDENS!
THIRD AVENUE PROJECT AREA
Figure
1
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Pleasant Hill
Elementary School
Walnut
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ALVARADO
AVENUE
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Location of Proposed
Sewer Construction Work
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Location of Potential
Bore end .lack Pits
PROPOSED COUNTRY GARDENS/
THIRD AVENUE SEWER
IMPROVEMENT PROJECT
Figure
2
2523.9/88
3
grades, root problems, and grease problems; and 5) relief of
excess flows in hydraulicly deficient pipes.
Project Pu~o8e an4 ...4
When originally installed, the existing sewer collection
system in the Country Gardens and Third Avenue Subareas had
been sized to accommodate dry weather flows from projected
buildout of the project area (existing and planned develop-
ment), with an allowance for wet weather flows. However, the
District's Wastewater Collection System Master Plan (Camp,
Dresser & McKee 1986) concluded that earlier allowances for
wet weather flows were too low. The leading contributory
factors relating to the quantity of wet weather flows in the
project area are the age, type, and condition of the existing
sewer pipes.
Most of the sewer mains and trunks in the project area were
constructed prior to 1950. These mostly vitrified clay sewer
pipes are brittle and readily crack from ground settlement and
root intrusion. These older pipes generally were constructed
to a lower standard than sewer lines installed after 1956, and
contribute more wet weather flow than originally expected.
This flow is the result of rainwater entering the sewage
collection system through pipe deficiencies such as cracks and
loose joints. As evidence of this wet weather flow contribu-
tion, four separate manhole overflows were reported during
February 1986 rainstorms.
An analysis of the area sewers confirmed that portions of the
sewage collection system had inadequate capacity to accommo-
date the area's actual wet weather flows. Because of these
overflows, the District targeted Watershed 23 for future
reconstruction work. Preparation of the Country Gardens and
Third Avenue Facilities Planning Studies are largely results
of sewer collection system deficiencies identified in the
District's Wastewater Collection System Master Plan (Master
Plan; Camp, Dresser & McKee 1986). The Master Plan identifies
not only sewer collection system deficiencies, but recommends
sewer collection system improvements that will be required
before the year 1995.
The proj ect area sewers have relatively high maintenance
requirements due to grease buildup and root intrusion. Grease
buildup in the sewers generally is caused by food service
facilities (restaurants, schools, cafeterias, etc.) dis-
charging excessive amounts of cooking grease. Grease and
garbage grindings from homes are another major cause of grease
buildup. Sewer reaches experiencing grease problems within
the project area have relatively flat slopes which provide
inadequate scouring velocities. Since flow velocities along
these reaches are incapable of moving the grease, the sewer
06900015
4
pipes must be hydro flushed periodically. Root intrusion
problems are generally attributed to inferior joint construc-
tion or cracked pipes. In addition, roots often enter the
sewer pipes from root-infested side sewer pipes or lateral
sewer pipes. The removal of roots is usually accomplished by
using rodding machines. However, periodic maintenance of
sewers is necessary since roots often will regrow.
In summary, the proposed improvements would reduce the wet
weather flows in critical sewers and decrease the amount of
maintenance work required in the proj ect area. As the
remaining area sewer pipes and lateral sewer pipes continue to
age, however, wet weather flows are expected to increase.
Therefore, it is necessary to increase the overall capacity of
the area's sewage collection system to accommodate future wet
weather flows and avoid overflows.
Proj.c~ De.ian
The proposed project would add a relief trunk sewer to the
proj ect area and would replace older main and trunk sewer
pipes with pipes that have been sized to handle the expected
wet weather flows. Table 1 identifies the location and extent
of sewer pipe improvements. Figure 2 depicts the location of
sewer pipe improvements. About 90 percent of the replacement
and installation of main and trunk sewer pipes would be
conducted in public or private streets: the remainder of the
sewer work would be conducted on public or private property in
District easements.
The Country Gardens portion of the project includes replace-
ment of the existing sewer pipes along Hoover Avenue and
Putnam Boulevard: rehabilitation or replacement of the
existing sewer pipe between Vessing Road and Pleasant Hill
Elementary School: and replacement of the existing sewer pipe
along Geary Road, between Larkey Lane and Putnam Boulevard.
The Third Avenue portion of the project includes replacement
of the existing sewer pipes along 2nd Avenue, 3rd Avenue, Mayo
Lane, Larkey Lane, Adak Court, and Conejo Way: installation of
a new sewer pipe in a portion of Larkey Lane south of Adak
Court: and installation of a new relief sewer pipe along Buena
Vista Avenue between Al varado Avenue and Geary Road. Two
small portions of the new relief sewer pipe along Buena Vista
Avenue (between the EBMUD Mokelumne Aqueduct and Geary Road)
and between Alvarado Avenue and San Luis Road replace existing
sewer pipes. Installation of the relief sewer pipes is
intended to relieve existing sewer lines east of Buena Vista
Avenue.
In the Country Gardens portion of the proposed project, the
replaced sewer pipe would cross beneath the Contra Costa Canal
06900015
5
at Hoover Avenue and above the Canal at Putnam Boulevard. In
the Third Avenue portion of the proposed proj ect, the new
relief sewer pipe would cross beneath the EBMUD Mokelumne
Aqueduct at the Buena Vista Avenue/First Avenue intersection;
and the replaced sewer pipe would cross above the Mokelumne
Aqueduct at the Conejo Way/San Luis Road intersection.
Cons~ruc~ion Process an4 OD.ra~ion.
Construction of the proposed project would involve the
following steps: 1) site preparation; 2) trenching; 3) pipe
installation and construction of manholes; 4) backfilling and
compaction; 5) surfacing and paving; and 6) site restoration.
TrenChing is generally the most common method for replacing
sewer pipe.
site preparation would involve surface clearing in the sewer
rights-of-way, streets, or other areas in which proj ect
construction would be conducted. It would be necessary to
deactivate existing sewer lines which are to be removed,
abandoned, modified, or reconnected during site preparation.
To maintain sewer service during the construction process,
deactivated existing sewer lines would be bypassed by pumping
wastewater between manholes.
Excavation, backfilling, and compacting would involve removal
of asphalt and concrete pavement; excavation of trenches;
shoring, sheeting, and bracing of trenches; installation of
pipes and manholes: placement of backfill in trenches;
compaction of backfill in trenches; and temporary paving of
backfilled trenches. Placement of backfill in trenches would
involve preparation of the trench, installation of pipe
bedding, placement of pipe, placement of backfill above pipe
bedding, maintenance of trench backfill, and temporary paving
over the trench.
In some places, dewatering would be necessary during
trenching, installation of pipes and manholes, backfilling,
and compaction in order to keep excavated areas free from
groundwater during construction. Dewatered groundwater would
be pumped onto the street surface to flow into the storm
drainage system or would be pumped onto open ground to be
absorbed back into the soil.
Surfacing and paving would invol ve replacement of asphalt
concrete pavement, rock surfacing, and other street features
damaged during project construction. Paving would occur in
two phases, temporary and final. Temporary paving would
involve placement of paving material which would allow for the
short-term, safe use of streets by motorists. Final paving
would involve placement of a higher quality, permanent paving
after completion of construction work in an area. si te
06900015
6
restoration would involve in-kind replacement of structural
and landscape improvements damaged or removed during project
construction.
Replacement of existing sewer pipe would involve removal or
abandonment of existing sewer pipe and placement of new sewer
pipe. Where appropriate, portions of the existing sewer line
would be abandoned instead of removed because alignment for
the replacement sewer line would be different than the
al ignment of the existing sewer line. Abandonment of existing
sewer pipe would involve allowing existing sewer pipe to
remain, plugging of existing sewer pipe, filling of the pipe
with sand or grout, and placement of new sewer pipe near the
abandoned sewer pipe. Plugging of abandoned sewer pipe would
be conducted through existing manholes; no excavation would be
necessary.
In general, the alignment of replaced or newly constructed
sewer pipe would be the centerline of streets, although this
alignment may vary based on the location of other utilities
beneath the streets. Trenches would be cut to a depth of 5-20
feet, depending on site conditions; and would be as wide as
the outside diameter of the sewer pipe proposed for that
location plus 8 inches on either side of the sewer pipe.
Placement of sheeting/shoring in a trench may widen the trench
by about an additional foot.
Vessing Road to Pleasant Bill Elementary School Aliqnment. At
the beginning of this alignment, the existing sewer pipe runs
beneath the driveway of a private residence within an existing
District easement. The District would either replace the
existing sewer pipe in the same location or re-align the sewer
pipe along a public asphalt pathway adjacent to the private
driveway. Under either scenario, replacement of the existing
sewer pipe would involve removal of private landscaping
between the driveway and pathway. If the sewer pipe is
aligned along the pathway, acquisition of a permanent easement
would be required.
This alignment also runs beneath a bridge that crosses
Murderer's Creek, an intermi ttent manmade channel. The
existing sewer pipe runs between two concrete pile supports on
opposite banks of the creek. The pile support on the
southeastern side of the creek provides partial support for
the bridge. To avoid dismantling of the bridge, new pile
supports would be constructed adjacent to the existing pile
supports, and the new sewer pipe would be placed between these
new pile supports. The existing sewer pipe would be cut and
plugged. Although the bridge would not be dismantled, it
would be closed to public use during construction along this
alignment, which could take 2-3 months. Pedestrians south of
Murderer's Creek would have to travel several blocks to use
06900015
7
TABLE 1. PROPOSED COUlf'l'RY GARDENS/THIRD AVENUE SEWER
XKPROVEKBNTS (a)
LOCATION
EXISTING (b)
Size Length
( in. ) ( ft. )
PROPOSED (c)
Size Length
( in. ) ( ft. )
Buena Vista Avenue
Geary Road
Third Avenue
Larkey Lane (Mallard
Drive to Geary Road)
Mayo Lane
Larkey Lane (Aleman
Court to Swan Court)
Buena Vista/Larkey Lane
easements
10
Second Avenue (from Henry
Lane to North Main Street)
Conejo Way (d)
Adak Court
Hoover Avenue
Putnam Boulevard
8
10
Vessing Road to Pleasant
Hill Elementary School
6-8
TOTALS:
06900015
8
6
8
800
400
8
10
15
18
8
1,350
10
6
1,250
8-10
6
1,675
8
400
12
6
250
8-12
6
1,225
e
6
1,425
8
8
1,425
8
6
625
8
6
8
600
1;000
18
400
2,300
18
21
725
8
15,850
509
950
2,100
800
1,350
1,250
1,675
400
500
1,225
1,425
1,425
800
2,100
1,200
1,575
725
20,000
( continued)
TABLE 1. PROPOSED C01JN'1'RY GARDENS/THIRD AVENUE SEWER
IMPROVEMENTS (continued) (a)
NOTES:
(a) Lengths are rounded to the nearest 25 feet; final lengths are
expected to be within approximately four percent of the total
footage shown; slight pipe size changes may be made in final
design to accommodate pipe slope conditions.
(b) When originally installed, these pipes were sized to handle
dry weather flows from planned project area buildout and
reasonable anticipated wet weather flows.
(c) These pipes are sized to handle greater wet weather flows
produced by increased wet weather infiltration and inflow.
(d) Replacement of the same size pipe at a different slope to
ensure better hydraulic conditions.
(e) Replacement with 8-10 inch lines or spot improvement and
sliplining would be performed along this easement where
warranted.
06900015
9
the bridge at the end of Bonnie Place for access to Pleasant
Hill Elementary School.
The replacement sewer pipe crossing the creek would be
designed to clear at least the 25-year stormwater flow in
Murderer's Creek and/or to withstand the impact of a large
object (e.g., a tree trunk) floating down the creek during a
high flow. All construction equipment would be placed on the
banks of the creek: no equipment would be staged in the creek
bed. The District estimates that the area of impact for work
along Murderer's Creek would be approximately 25 feet to each
side of the existing sewer pipe alignment.
At the location for replacement of the existing sewer pipe,
Murderer's Creek is relatively degraded - the crests of the
steep creek banks are compacted from human access and are
sparsely vegetated, the slopes of the creek banks show signs
of extensive erosion, dead woody and other plant material is
piled along the creek bed, and garbage is scattered throughout
the creek bed. Riparian and other types of vegetation at or
near the location for replacement of the existing sewer pipe
is relatively sparse. Trees and shrubs that may be removed
during the sewer replacement work include the valley oak
(Ouercus lobata), California buckeye (Aesculus californica),
yellow willow (Salix lasiandra), elm (Ulmus sp.), plum (prunus
sp.), and California wild rose (~californica).
The sewer replacement work along Murderer's Creek would be
conducted in accordance with California Department of Fish and
Game (CDFG) requirements under a Streambed Alteration
Agreement (1603 Permit). The District and construction
contractor would be required to meet or exceed all conditions
of the CDFG Streambed Alteration Agreement to minimize removal
of riparian vegetation: protect remaining riparian vegetation:
and prevent erosion and siltation in Murderer's Creek,
including conducting construction work in the summer.
The District and construction contractor would be required to
also comply with all conditions of the CDFG Streambed
Alteration Agreement for revegetation of riparian habitat
associated with the 2:1 mitigation for type and acreage of
riparian vegetation and the 3:1 mitigation for type and number
of riparian trees removed or damaged during replacement of the
existing sewer pipe across Murderer's Creek (see Proposed
Mitigation Measures section).
Buena vista Avenue/Larkey Lane Basements. The District's
Buena Vista Avenue/Larkey Lane easements are only 10 feet
wide, and access to the easements is relatively poor. The
easements are located in the rear and side yards of properties
fronting on Buena vista Avenue, Lynvale Lane, Margrave Court,
Keith Court, Carrerio Lane, Crown Court, San Luis Road, and
06900015
10
r-
Larkey Lane. Where access proves to be difficult, alternative
trenchless construction techniques may be used for replacement
of sewer pipe along this easement, because the existence of
several structures along the sewer pipe alignment would
preclude trenching. The alternative trenchless construction
technique likely to be used along this easement is sliplining.
In sliplining, a polyethylene pipe (PE) is either pushed or
pulled through an existing pipe, resul ting in a new pipe
within the old pipe. Replacement of sewer pipe along the
Buena Vista Avenue/Larkey Lane easements may involve removal
of private fencing, private landscaping, and annual weeds and
grasses. The private fencing and landscaping would be
replaced in accordance with District easement rights. Any
trees removed from the easements would not be replaced because
they would interfere with the District's ability to access its
facilities.
Adak Court to KokelUJIDe Aqueduct Alignment. Along this
alignment, new sewer pipe would be placed between the west end
of Adak Court and the Mokelumne Aqueduct. This portion of the
project would involve the installation of new sewer pipe along
the private driveway of 90 Adak Court, or between the private
driveways of 100 and 101 Adak Court. Installation of approxi-
mately 150 feet of new sewer pipe at either location would
take up to 2 weeks to complete.
Installation of new sewer pipe along the driveways would
involve the removal of private landscaping, including trees
and shrubs. If the new sewer pipe is installed along the
driveway of 90 Adak Court, the trench would be excavated to a
depth of approximately 15 to 20 feet deep due to the slope of
the driveway. In addition, the sewer pipe would be aligned to
minimize removal of trees and other significant landscaping.
If the new sewer pipe is installed between the driveways of
100 and 101 Adak Court, a garage addition at 100 Adak Court
would have to be removed. Permanent easements would be
required for construction at either location.
MokelUJIDe Aqueduct and Contra Costa Canal Alignments.
Placement of a new relief sewer pipe beneath the EBMOD
Mokelumne Aqueduct at the Buena Vista Avenue/First street
intersection, and replacement of an existing sewer pipe
beneath the Contra Costa Canal along Hoover Avenue would
require auger boring, also referred to as the bore and jack
process: and eliminate the need for open trenching, which
could harm the Aqueduct or Canal.
Auger boring consists of a rotary cutting head followed by an
auger to remove soil from the hole. A steel or concrete
casing is typically pushed in with the auger inside.
Underground access and exit for auger boring is accomplished
through excavation of installation and receiving pits.
06900015
11
Average distance between the two pits would be 60-70 feet.
The locations of potential bore and jack pits are shown in
Figure 2.
The replacement sewer line in Putnam Boulevard would cross
above the Contra Costa Canal. The replacement of sewer pipe
along the existing sewer line from the EBMOD Mokelumne
Aqueduct toward Cornwall Court near Conejo Lane would involve
removal of vegetation in a relatively disturbed area.
Vegetation to be removed includes annual weeds and grasses,
California blackberry (Rubus vitifolius), almond (prunus sp.) ,
plum (prunus sp.), and oleander (Nerium oleander). The almond
and plum trees are probably remnants from a former orchard.
Reconnection of Lateral Sewer Line.. A" lateral" is the sewer
line on private property which connects a building to the main
or trunk sewer line. At all locations where laterals are
connected to new sewer lines, overflow relief valves would be
installed to avoid potential back-up problems. The District
intends to install these overflow relief valves within the
street rights-of-way behind the curbs. Installation of these
valves may necessitate removal and replacement of private
landscaping in the yards of some residences. The extent of
disturbance to private landscaping would depend on the slope
of the lateral in relation to the depth of the new sewer line.
Construction staaina and Loqistics
The proposed project involves rehabilitation, replacement, or
installation of approximately 20,000 feet of sewer pipe. For
all trenching, the construction contractor would be required
to coordinate excavation of trenches and laying of sewer pipes
so that no more than one-hundred (100) linear feet of trench
would be open ahead of pipe laying during the normal workday.
Using standard trenching techniques, the average period during
which project construction would occur in front of anyone
residence or business is approximately six nonconsecutive days
- three days for installation of the new sewer line, two days
for reconnect ion of area laterals, and one day for final
paving.
A bore and jack pit, required as part of a bore and jack
operation, could exist for up to 30 days. It is projected
that double or triple crews would work simultaneously on the
proposed proj ect: however, only one crew would work on anyone
street. Overall, the time between initial trench excavation
and final trench paving in anyone location could be up to
four months. Construction of the proposed project is
scheduled to begin in February 1991.
Backfilling operations would closely follow pipe laying. No
trench would remain open overnight, as it would be backfilled
06900015
12
.~
or covered with temporary trench plates. The construction
contractor would be required to be required to backfill and
pave trenches as soon as possible after pipe laying.
\
The construction contractor would be required to need an area
of approximately 20 to 30 feet in width for construction.
This area would include an area for staging or positioning of
construction vehicles and equipment, an area for movement of
construction vehicles and equipment, an area for trench
excavation, and an area for short-term placement and storage
of materials removed during trench excavation. The area for
placement and storage of materials removed during trench
excavation or required for backfill would occupy approximately
5 feet on one side of the trench.
In areas with less that a 20-foot wide permanent easement
(e.g., the Buena Vista/Larkey Lane easements), a temporary
construction easement would be required for construction. The
construction contractor would be required to be required to
confine trench widths to dedicated rights-of-way or construc-
tion easements.
At one or more locations in the project area, staging areas
would be required to store pipe, construction equipment, and
other construction related material: and to minimize hauling
distances. Potential staging areas include undeveloped lots
or parking lots. The construction contractor would be re-
quired to provide traffic control at all staging areas as well
as along construction routes.
The types of sewer pipe that would be used in construction of
the proposed proj ect include: concrete pipe, ductile iron
pipe, steel casing, vitrified clay pipe, polyvinyl chloride
(PVC) pipe, and polyethylene (PE) pipe. Sheeting/shoring
material would be either steel sheet piling, aluminum jacks,
or wooden bracing. Backfill material would be either material
removed during trenching or aggregate hauled to the construc-
tion site. Trenches in existing streets would be backfilled
with Class 2 aggregate.
Encroachment Peralts and Basements
Encroachment permits would be required and obtained from the
City of Pleasant Hill and the City of Walnut Creek for the
proposed construction in city streets. According to the City
of Pleasant Hill, construction on major streets would have to
be limited to 9 A.M. to 4 P.M. to reduce traffic problems
(Winzler & Kelly 1988). According to the Pacific Gas &
Electric Company (PG&E), interferences of the proposed proj ect
with their facilities are not anticipated: however, PG&E would
review the final project construction plans (Dodson & Young
1989).
06900015
13
Encroachment permits or licenses for the proposed project
would be required and obtained from the East Bay Municipal
utility District and the u.s. Bureau of Reclamation for the
proposed work under the Mokelumne Aqueduct and Contra Costa
Canal, respectively. According to EBMUD, the District would
have to adhere to specific requirements regarding sewer pipe
clearances, sewer pipe material, and construction methods. In
addition, EBMOD would review the final project construction
plans (Dodson & Young 1989).
Some of the deficient sewer pipes in the project area are
located along backyards and private lanes. District easements
within the project area are generally either 5, 10, or 15 feet
in width. Three sewer lines in the project area are located
along appurtenant (non-exclusive) easements, also known as
Public utility Easements (PUEs). The easements provide a
right-of-way for all utilities including sewer pipes. The
appurtenant easements in the study area vary from 15 to 40
feet in length.
To provide sufficient access and working area for sewer pipe
replacement, granting of temporary construction easements may
be necessary along backyards and private lanes where existing
easements are less than 10 feet wide. Temporary construction
easements from private landowners would be required for
project construction along the Buena Vista/Larkey Lane
easement, Vessing Road to Pleasant Hill Elementary School
alignment, and Adak Court to Mokelumne Aqueduct alignment.
Proposed MitiqatioD Measures
The proposed project includes measures to avoid, minimize,
reduce, rectify, or compensate for construction-related
impacts. These measures are identified in the following
documents: Standard SDecifications for Desian and Construction
(Central Contra Costa Sanitary District 1986), Volume 2 of 3:
Technical S~ecifications proiect Manual for the Country
Gardens/Third Avenue Sewer Improvements (G.S. Dodson &
Associates 1990b), and Volume 3 of 3: proiect Plans for the
Countrv Gardens/Third Avenue Sewer ImDrovements (G.S. Dodson
& Associates 1990a).
The documents include measures for dust control: odor control:
erosion control: protection of soils: provision of adequate
drainage: construction equipment noise suppression: protection
and restoration of structures: precautions for working near
sensi ti ve and unique vegetation: protection and restoration of
vegetation, landscaping, and structural improvements: public
health and safety: community notification of construction
schedules: traffic and circulation control: posting of warning
signs along the Contra Costa Canal recreational trail and
bicycle path; and preservation of cultural resources. other
06900015
14
mitigation measures have been added to the proposed project
during the course of project design. These mitigation
measures are not included in the documents referenced above.
Descriptions of the maj or mitigation measures for the proposed
project are described below:
o .easures for protection of .oils
The construction contractor would be required to design and
implement a dewatering program to prevent removal of natural
soils during trenching, installation of pipes and manholes,
backfilling, and compaction.
o .easures for aaintenaDce of water quality
For proj ect construction in the area of the Contra Costa
Canal, the construction contractor would be required to
prevent dust, dirt, sewage, or any other substance from
polluting water in the Canal.
o .easures to .ini.i.e use of vater
To minimize the use of water for irrigation of vegetation and
private landscaping, the District would incorporate the use of
native, drought-tolerant plant species that provide food and
cover for wildlife for the in-kind replacement of vegetation
and private landscaping removed during project construction.
The District would consult with, and where possible, obtain
approval from property owners regarding in-kind replacement of
private landscaping with native, drought tolerant plant
species.
o .easures for provision of adequate drainage
The construction contractor would be required to finish grade
excavated surfaces to provide drainage away from streets and
structures to prevent puddling; and to provide full-time
standby equipment and personnel for emergency pumping of
water.
o .easures for protection and restoration of vegetation,
landscaping, and structural i.prove.ents.
During the course of site preparation, the construction
contractor would be required to protect trees and shrubs
adjacent to the sewer trench. The construction contractor
would be required to not remove trees or shrubs adjacent to
the sewer trench without authorization of the District
Engineer. Major roots or branches crossing the sewer trench
would not be cut if cutting would seriously injure or imperil
the safety of a tree.
06900015
15
All cut or broken limbs, roots, or branches of trees would be
trimmed and painted with tree seal. During trench excavation,
the construction contractor would be required to expose and
wrap roots four inches or greater in diameter; and trim and
coat with tree seal all roots two to four inches in diameter.
wi thin sewer easements or rights-of-way, the construction
contractor would be required to replace shrubs, fences, and
other improvements that must be removed to enable proj ect
construction, if allowed by the easement agreement. Removal
of trees larger than three inches at the base would not be
conducted without approval of the District Engineer. Outside
of sewer easements or rights-of-way, the construction con-
tractor would be required to replace-in-kind, to the extent
feasible, all trees, shrubs, fences, or other improvements
that must be removed to enable project construction through
arrangement with the property owner.
During the course of site restoration, the construction
contractor would be required to protect or restore landscape
improvements not removed during project construction. The
construction contractor would be required to maintain planting
of vegetation by fertilizing, watering, pruning, controlling
insects and diseases, guying, rewrapping, and performing other
operations for the promotion and establishment of root growth
and plant life. The construction contractor would be required
to replant or replace all landscape improvements that do not
survive this maintenance.
o measures for restoration of riparian vegetation and babitat
The construction contractor would be required to conduct sewer
replacement work along Murderer's Creek in accordance with
CDFG requirements under a streambed Alteration Agreement (1603
Permit). The District and construction contractor would be
required to comply with all conditions of the CDFG streambed
Alteration Agreement to minimize removal of riparian
vegetation; protect remaining riparian vegetation; and prevent
erosion and siltation in Murderer's Creek, including
conducting construction work in the summer.
The District and construction contractor would be required to
comply with all conditions of the CDFG streambed Alteration
Agreement for revegetation of riparian habitat associated with
the 2:1 mitigation for type and acreage of riparian vegetation
and the 3:1 mitigation for type and number of riparian trees
removed or damaged during replacement of the existing sewer
pipe across Murderer's Creek.
(Note: It is the policy of the California Department of Fish
and Game (CDFG) that there be no net loss of wetland acreage
or habitat value for any project in which riparian habitat is
06900015
16
removed or damaged. The CDFG requires a streambed Alteration
Agreement (1603 Permit) for any grading, construction, or
other work along the banks or within the bed of any creek,
stream, river, pond, or lake. The CDFG would require a
streambed Alteration Agreement for any work conducted along
Murderer's Creek. As a condition of the streambed Alteration
Agreement, the CDFG would require a 2:1 mitigation for the
type and acreage of riparian vegetation removed or damaged
during construction.
The CDFG would require the applicant to create (by installa-
tion, irrigation, and maintenance) an area of riparian habitat
that is equal to twice the acreage of riparian vegetation, and
contains the same species of shrubs and trees, as the riparian
vegetation removed or damaged during construction. As another
condi tion of the streambed Alteration Agreement, the CDFG
would require a 3: 1 mi tigation for the number and type of
riparian trees removed or damaged during construction.
The CDFG would require the applicant to replant (by
installation, irrigation, and maintenance) an area of riparian
trees and shrubs that contains three times the number and the
same species of riparian trees and shrubs as the riparian
vegetation removed or damaged during construction. The
applicant could combine the 2: 1 mitigation for removal or
damage to riparian vegetation and the 3: 1 mitigation for
removal to riparian trees into one overall mitigation
requirement and revegetation project.
The CDFG would accept a mitigation site that is either on or
off the project site. If the mitigation site is off the
project site, the CDFG would require the District to obtain a
binding memorandum and easement to install and maintain
riparian vegetation in perpetuity from the owner of the
property on which the revegetation would be conducted. The
CDFG would require that the riparian vegetation be installed
and well-established prior to the start of project construc-
tion. It should be noted that the CDFG may accept revegeta-
tion of a severely degraded or disturbed riparian area as
mitigation.
The extent of impacts of construction on riparian vegetation
would be outlined in the streambed Alteration Agreement. The
location and acreage of riparian vegetation and the number and
species of riparian shrubs and trees that would be removed or
damaged from construction would be determined by the District
or a consultant for inclusion in the streambed Alteration
Agreement. The Agreement would also include a set of
conditions for work in the riparian corridor that identify
when construction would be allowed: and how construction must
be conducted in order to avoid excessive erosion and
sedimentation, reduce removal and damage to vegetation, and
06900015
17
protect drainage water quality and vegetation. The CDFG would
also require that the applicant submit a mitigation plan for
revegetation of riparian habitat associated with the streambed
Alteration Agreement. The CDFG must approve the mitigation
plan prior to approval of the project, initiation of the
revegetation, and the start of project construction. The CDFG
would sign the streambed Alteration Agreement only after the
project is finalized.)
o measures for protection an4 restoration of structures an4
facilities.
To reduce impacts to existing and new structures during
project construction, all measures recommended in DCM/Joyal
Engineering (1990) would be incorporated into the proposed
project.
During the course of si te preparation, the construction
contractor would be required to protect pole lines, fences,
signs, survey markers and monuments, buildings and structures,
conduits and pipelines, sewer and water lines, and other
improvements or facilities within or adjacent to the sewer
trench. The construction contractor would be required to
replace all objects injured or damaged during the course of
project construction. During the course of site restoration,
the construction contractor would be required to protect or
restore improvements not removed during project construction
to a condition equal to that prior to project construction.
To reduce the risk of damage to utility pipelines in the area
of trench excavation, the construction contractor would be
required to use extreme caution during trench excavation
adjacent to existing utility lines: and would provide
temporary protection, support, and shoring of utility lines
where necessary.
Work near the Contra Costa Canal and the Mokelumne Aqueduct
would be conducted in accordance with the encroachment permits
or licenses issued by the u.s. Bureau of Reclamation and the
East Bay Municipal utilities District, respectively.
Work in public streets would be conducted in accordance with
the encroachment permit of the City of Pleasant Hill or the
City of Walnut Creek.
o .easure. for public bealtb an4 safety
The construction contractor would be required to coordinate
excavation of trenches and laying of sewer pipes so that no
more than one hundred (100) linear feet of trench would be
open ahead of pipe laying during the normal workday. Back-
filling operations would closely follow pipe laying. The
06900015
18
construction contractor would be required to place temporary
pavement over backfilled trenches as soon as possible after
pipe laying. No trench would be allowed to remain open
overnight.
The construction contractor would be required to design and
implement the dewatering system to prevent injury to public or
private property, nuisance or menace to the public, and damage
or endangerment to adj acent structures. Where necessary,
trenches and other excavations would be properly shored,
sheeted, and braced to protect workers from the hazard of
caving ground and to protect existing and new structures.
The construction contractor would be required to provide free
access to all fire hydrants, water gates, meters, and private
driveways. The construction contractor would be required to
immediately dispose of wood slash and other debris removed
during cleaning and grubbing; and excess excavated material
and excavated material not suitable for use as backfill. The
construction contractor would be required to maintain barriers
on all work that is not safe for vehicle or pedestrian travel.
To minimize exposing the public to potential injury from
construction operations, the construction contractor would be
required to provide appropriate securi ty measures (e. q. ,
barricades and fencing) during project construction,
especially in the area of local schools, parks, and child care
centers. Work would be scheduled to avoid conflicts with
school activities as much as possible.
The construction contractor would be required to post warning
signs about project construction along the Briones-Mt. Diablo
Regional Trail approximately 100 feet from where the Mokelumne
Aqueduct intersects with Conejo Way. The warning signs would
be posted along both sides of the Briones-Mt. Diablo Regional
Trail opposite Conejo Way. The construction contractor would
be required to post warning signs along both sides of the
Contra Costa Canal recreational trail and bicycle path
opposite Putnam Boulevard and Hoover Avenue.
The construction contractor would be required to post signs
that direct pedestrians and bicyclists using the Contra Costa
Canal recreational trail and bicycle path and the Briones-Mt.
Diablo Regional Trail to specific routes to avoid the con-
struction zone and the crossing of Putnam Boulevard, Hoover
Avenue, Buena Vista Avenue, and Conejo Way.
For proj ect construction in the area of the Contra Costa
Canal, adequate barricades and warning signs would be
maintained at all times around excavations and hazardous
areas. The construction contractor would be required to
exercise extreme caution during project construction to
06900015
19
prevent people and equipment from falling into the Canal: and
to prevent dust, dirt, sewage, or any other substance from
polluting water in the Canal.
o .easures for control of traffic and circulation
The construction contractor would be required to provide a
detailed schedule of traffic control including time periods,
detours, road closure markings, and sign locations for
approval by the City of Pleasant Hill or the City of Walnut
Creek. The construction contractor would be required to
implement the traffic control plan during project
construction. The construction contractor would be required
to also provide traffic control at staging areas.
Where possible, one travel lane for vehicle movement would
remain open at all times during project construction in
streets. If short-term street closures are necessary, detour
routes would be established and local residents and emergency
service providers would be notified. The street closures
would be conducted in accordance with the encroachment permit
requirements extablished by the City of Pleasant Hill or the
City of Walnut Creek. All warning signs or delineators used
for night time conditions would be reflectorized or
illuminated. The construction contractor would be required to
add temporary asphalt concrete to the surface of backfilled
trenches to keep them smooth, free from ruts and potholes, and
suitable for normal traffic flow.
For proj ect construction in the area of the Contra Costa
Canal, the construction contractor would be required to
conduct work so as not to interfere with the travel of Contra
Costa Water oistrict (CCWO) vehicles and/or equipment through
the work area. The Contra Costa Canal operating road or a
detour road satisfactory to CCWO would be kept open at all
times during project construction.
o .easures to .ini.i.e disruption of access
To reduce short-term disruption of access when construction
proceeds in front of a private business, the construction
contractor would be required to provide signs that direct
business clients to alternate access and parking areas.
Homeowners would be advised to park in other areas when
construction is in progress in front of their homes. The
construction contractor would be required to provide free
access to all private driveways. If emergency access to the
driveway of a residence is required, the construction
contractor would be required to provide temporary emergency
access by laying down a trench plate between the construction
area and the driveway.
06900015
20
,-
The proposed project would involve temporary closure of the
bridge over Murderer's Creek off Vessing Avenue. The approved
Watershed 23 Sewer Replacement Project (see the Related
Projects section) would involve temporary closure of the
bridge over Murderer's Creek at the end of Bonnie Place. To
maintain one bridge access point to Pleasant Hill Elementary
School, the construction contractor would be required to
maintain at least one bridge open to public use at all times
during proj ect construction. The District would encourage the
Mt. Diablo Unified School District to avoid scheduling summer
school at Pleasant Hill Elementary School during the
construction period.
o ..aBur.. for protection of exi.ting utility lin..
The construction contractor would be required to be respon-
sible for contacting utility companies or agencies: and for
locating all utility facilities 5 (five) working days prior to
excavation in any area.
o ..asures to reduce noi..
To reduce temporary increases in noise from construction
activities and operations, the construction contractor would
be required to restrict construction work to weekdays and to
daytime hours acceptable to the cities of Walnut Creek and
Pleasant Hill: and would conduct site preparation as expedi-
tiously as possible to reduce the time spent using loud earth-
moving equipment.
o measures for protection of cultural resources
If prehistoric or historic resources are encountered during
proj ect construction, the construction contractor would be
required to follow the following standard procedures for
preservation of cultural resources required by state law or
recommended by the California Archaeological Inventory,
including:
1. Avoid alteration of the cultural materials and their
context (i.e., environment and surroundings).
2. Arrange for a cultural resource consultant to evaluate
the cultural resources and the project situation.
3. Do not collect cultural resources.
4. Record identified cultural resources on form DPR 422 (for
archaeological sites), form DPR 523 (for historic
properties), or similar forms.
06900015 21
I
(Prehistoric resources include chert or obsidian flakes,
projectile points, mortars and pestles; and dark, friable soil
containing shell and bone dietary debris, heat-affected rock,
or human burials. Historic resources include stone or adobe
foundations or walls; structures and remains wi th square
nails: and refuse deposits, often in old wells and privies.)
o .easure. for community ..arene.. of project construction
The District would maintain an active community relations
program throughout the construction phase of the project. A
Communi ty Relations Coordinator would be assigned to the
project to serve the following functions: 1) respond to all
questions, comments, and concerns raised by the communi ty
during construction: and 2) notify project area residents when
construction is approaching their neighborhood.
proiect Phasina
Phase I of construction of the proposed Country Gardens/Third
Avenue Sewer Improvement Project would occur from February to
October 1991 and include sewer improvement work at the
following locations: Mayo Lane, Second Avenue, Buena Vista
Avenue, Hoover Avenue, and Putnam Boulevard.
Phase I would also include work on Bonnie Lane, Bonnie Place
(between Bonnie Lane and Hoover Court), Geary Road (between
Bonnie Lane and Camino Verde), and Camino Verde under the
approved Watershed 23 Sewer Replacement Project (see Related
Projects section).
Phase II of construction of the proposed Country Gardens/Third
Avenue Sewer Improvement Project would occur from February to
Fall 1992 and include sewer improvement work at the following
locations: Geary Road, Third Avenue, Larkey Lane, Buena vista
Avenue/Larkey Lane easements, Conejo Way, Adak Court, Moke-
lumne Aqueduct, and Vessing Road to Pleasant Hill Elementary
School.
Phase II would also include work on Oak Park Lane, Vicki Lane,
and Vessing Road under the approved Watershed 23 Sewer
Replacement Project.
Related proiect.
The following public works projects are related to the
proposed proj ect: approved Watershed 23 Sewer Replacement
Project, proposed Pleasant Hill Sewer OVerflow Protection
Project, and planned street repaving projects by the cities of
Pleasant Hill and Walnut Creek.
06900015
22
Approved .a~ersbed 23 Sever Replac...n~ Proj.c~. The
Watershed 23 Sewer Replacement Project was approved by the
District in June 1989. This project involves the replacement
of sewer pipes on Geary Road, Camino verde, Bonnie Lane, Vicki
Lane, Vessing Road, and Oak Park Lane in Pleasant Hill (Figure
A-1 in Appendix A).
The proposed Country Gardens/Third Avenue sewer improvements
on Putnam Boulevard and Hoover Avenue specifically are being
proposed as replacements for the previously approved but
unconstructed wet weather sewer improvements along Hoover
Court, Oak Park Lane, and Oak Park Boulevard that were part of
the Watershed 23 Sewer Replacement Project.
By rerouting flows to Hoover Avenue and Putnam Boulevard, the
following impacts of the Watershed 23 Sewer Replacement
Project would be avoided: deep cuts along Oak Park Lane in
close proximity to Murderer's Creek, disturbance to private
landscaping and two large oak trees designated as heritage
trees by the City of Pleasant Hill, and constructability
impacts associated with traffic control and utility
interference along Oak Park Boulevard. Improvements to the
Oak Park Lane sewer line would be conducted without surface
disturbance through the use of a sliplining technique. Also,
the sewer improvements to Oak Park Boulevard and Hoover Court
may be avoidable.
Sewer improvements for the approved Watershed 23 Sewer
Replacement Project would be constructed under the same
construction contract as the Country Gardens/Third Avenue
Project (see Project Phasing section). Combining construction
of these projects would allow for coordination of street
disruption to minimize inconvenience for area motorists.
Proposed Pleasant Bill Sever OVerflow Protection proj ect. The
proposed Pleasant Hill Sewer OVerflow Protection Project
involves construction of a relief interceptor sewer from Oak
Park Boulevard north along Patterson Boulevard and eventually
to the District's wastewater treatment plant in Martinez. The
purpose of the project is to relieve wet weather flows
occurring in the existing Contra Costa Boulevard sewer
interceptor line and in several trunk sewer pipes which
connect to the Contra Costa Boulevard interceptor along the
way. The District is in the process of preparing an
Environmental Impact Report on the Pleasant Hill OVerflow
Protection Project, and construction of the project is planned
for 1992-1994.
Proposed Ci~y s~ree~ Repavinq Proj.c~.. The Cities of
Pleasant Hill and Walnut Creek have expressed interest in
coordinating various street repaving projects with the
proposed County Gardens/Third Avenue proj ect. Coordination of
06900015
23
these projects will reduce the need for disruption of streets
on a separate occasion for each project.
II I. BNVIROHKBH'l'AL IKPACTS
1. BARTH: Will the proposal result in:
a. Unstable earth oondi tions or in changes in geologic
substructures? Mavbe - insianificant.
The proposed sewer improvement project involves surface
clearing, removal of asphalt and concrete pavement, excavation
of trenches, shoring and sheeting of trenches, compaction of
backfill in trenches, and paving of backfilled trenches
associated with the trenching technique; and removal of soil
with a rotary cutting head and auger and placement of steel or
concrete casing in soil associated with the auger boring
technique.
These construction activities and operations would not be of
a magnitude to create significant unstable earth conditions.
However, excavation of trenches in clay soils and bedrock
could result in short-term instability of trench walls and
hazards to personnel and existing or new structures (OeM/Joyal
Engineering 1990). These potential hazards would not be
significant because the construction contractor would be
required to properly shore, sheet, and brace trenches to
protect workers from the hazard of caving ground and to
protect existing and new structures. Construction of the
proposed project would not entail alteration to any geologic
substructures.
b. Disruptions, displacements, compaction, or overcoveriDg
of the soil? Yes - insianificant.
The proposed sewer improvement project includes excavation of
trenches, Shoring and sheeting of trenches, compaction of
backfill in trenches, and paving of backfilled trenches
associated with the trenching technique: and removal of soil
with a rotary cutting head and auger and placement of steel or
concrete casing in soil associated wi th the auger boring
technique.
However, earth movement, grading, and compaction of the soil
associated with these techniques would not result in
significant disruptions, displacements, or compaction of the
soil because the amount of material proposed for movement,
grading, and compaction is not of a magnitude to create
significant soil disturbances; a majority of the proposed
proj ect invol ves the replacement of existing sewer pipes
beneath streets, and therefore a new type or location of soil
06900015
24
-
disturbance would not be created: and some of the material to
be moved, graded, and compacted is existing street material,
not soil.
The prop~sed sewer improvement project would result in
overcover1ng of the soil from placement of backfill in
trenches, paving of backfilled trenches, and construction of
concrete pile supports on the banks of Murderer's Creek. The
proposed project would not result in a significant
overcovering of the soil because the acreage and volume of
proposed backfill, asphalt and concrete paving, and concrete
pile supports is relatively small: concrete pile supports
already exist on the banks of Murderer's Creek: and a majority
of the proposed project involves placement of backfill and
repaving in existing streets where soil is presently
overcovered. In addition, the construction contractor would
be required to design and implement the dewatering system to
prevent removal of natural soils.
c. Change in the topography or ground sur~ace relie~
features? HQ.
Topography and ground surface relief features would not be
altered by the proposed sewer improvement project because the
project area is relatively flat and does not have significant
ground surface relief features: a majority of the proposed
proj ect involves short-term alteration of the surface of
existing, relatively level streets; and the project involves
restoration of ground surface alterations.
d. ~he destruction, covering or modification of any unique
geOlogic or physical feature.? Yes - insiqnificant.
Two unique physical features exist in the project area - the
Contra Costa Canal and the Moke1umne Aqueduct. The proposed
sewer improvement project would not result in destruction,
covering, or modification of these physical features because
auger boring, an alternative trenchless construction tech-
nique, would be used for the replacement of sewer pipes
beneath the Contra Costa Canal at Hoover Avenue and the
Moke1umne Aqueduct at Buena Vista Avenue.
In addition, the District and construction contractor would be
required to adhere to specific requirements regarding sewer
pipe clearance, sewer pipe material, and construction methods
identified by EBMOD and the u.s. Bureau of Reclamation for
construction in the area of the Moke1umne Aqueduct and the
Contra Costa Canal, respectively.
06900015
25
/-
e. Any increase in vind or water erosion of soils, either on
or off the site? Yes-insignificant.
The proposed project would result in short-term impacts to on-
site soils from wind and water erosion during construction
activities and operations. To reduce wind or water erosion of
soil and generation of dust, the construction contractor would
be required to provide adequate watering during project
construction, implement erosion control techniques, and design
and implement the trench dewatering system to prevent removal
of natural soils. The long-term potential for wind and water
erosion of soil at the project site would be eliminated
through placement of permanent asphalt and concrete pavement
over backfilled trenches and replacement of landscaping
removed during project construction.
f. changes in the deposition or erosion of beach sands, or
changes in siltation, deposition, or erosion which may
modify the channel of . river or stream or the bed of the
ocean or any bay, inlet or lake? HQ.
The proposed sewer improvement project includes construction
on the banks of Murderer's Creek. However, the District and
construction contractor would be required to comply with all
condi tions of the COFG streambed Alteration Agreement to
prevent erosion and sedimentation in the creek. Construction
of the proposed project would not result in sedimentation in
the Contra Costa Canal because a majority of project
construction would occur within streets, and auger boring
would be used for replacement of sewer pipe beneath the Contra
Costa Canal.
g. Exposure of people or property to geologic hazards such
as earthquakes, landslides, mudslides, ground failure, or
similar hazards? Yes - insianificant.
No landslides or mudslides occur wi thin the proj ect si te
(OCM/Joyal Engineering 1990). The project site is located
near recognized active faults: however, studies by the
California Division of Mines and Geology indicate that the
project site is not crossed by any known active fault traces.
Therefore, the danger of surface displacement due to fault
offset along an active faul t through the proj ect si te is
remote.
The primary seismic hazard at the project site is ground
shaking. The proposed sewer improvements would be subjected
to at least one moderate to severe earthquake that would cause
strong ground shaking at the project site (OCM/Joyal
Engineering 1990). Although the project area and proposed
sewer improvements would be subj ect to an earthquake, the
proposed replacement of existing sewer pipe or installation of
06900015
26
r-
new relief sewer pipe would not further expose people or
property to earthquakes or ground failure because the sewer
improvements would occur in a relatively flat area;
earthquakes in northern California traditionally result in
right lateral movement, which does not typically result in
elevation changes; and the proposed project does not involve
construction of buildings or other large, vertical structures.
Differential settlement of soils at the project site could
result in distortion or breakage of new sewer pipes at the
point of change between different subsurface materials.
Settlement within soft and/or loose soil layers could result
in damage to new sewer pipes. Excavation of trenches may
undermine support for adjacent utility lines, including gas,
water, storm drain, electrical, telephone, and cable
television main lines and service lines. Excavation of
trenches in clay soils and bedrock could result in short-term
instability of trench walls and hazards to personnel and
existing or new structures (OCM/Joyal Engineering 1990).
These potential hazards to existing or new structures would be
reduced through the implementation of measures identified in
OCM/Joyal Engineering (1990).
Mitiaation Measures
No mitigation measures are required or recommended.
2. AIR: will the proposal result in:
a. Substantial air _issions or substantial deterioration of
ambient air quality? HQ.
Fuel emissions and dust from operation of construction
equipment and vehicles would not result in a significant
decrease in air quality in the project area. The construction
contractor would be required to control dust by providing
adequate watering during project construction.
b. ~he creation of objectionable odors? Yes-
insi9nificant.
Construction of the proposed sewer improvement project would
result in the production of fuel emissions and other types of
fumes from the operation of construction equipment and
vehicles and during temporary and permanent paving with hot
asphalt over backfilled trenches.
In addition, the proposed project may result in the production
of disagreeable sewer odors during replacement of existing
sewer pipes. These odors would be most noticeable in the
proximity of construction zones. These emissions and odors
06900015
27
--
would not constitute a significant impact because they would
be generated on a short-term basis.
c. Alteration of air aov..ent, aoisture, or temperature, or
any change in cllaate, either locally or regionally? liQ.
Fuel emissions associated with the operation of construction
equipment and vehicles, slowed circulation of vehicles near
construction zones, and asphalt paving: and sewer odors would
contribute to the cumulative regional air pollution, but would
constitute a small Percentage of total air emissions in the
Bay Area Air Basin. These air emissions are not expected to
cause an alteration in regional air movements or climate.
xitiqation Xeasures
No mitigation measures are required or recommended.
3. WATBR: will the proposal result in:
a. Changes in currents, or the course of direction of water
aovements, in either aarine or fresh waters? HQ.
Al though the proposed sewer improvement proj ect includes
construction along Murderer's Creek, it would not result in
changes in currents or the course of direction of water
movements in the creek because the construction would occur on
the creek banks. Replacement of existing sewer pipes and
construction of new sewer pipes in the area of the Contra
Costa Canal or Mokelumne Aqueduct would not affect the flow of
water in these structures.
b. Changes in absorption rates, drainage patterns, or the
rate and aaount of aurface runoff? Yes -insianificant.
Absorption rates and drainage patterns at the project site
would be altered on a short-term basis during the period of
trench excavation. Excavation of trenches would result in a
short-term decrease in the area of impervious street surface,
which would result in a short-term increase in water
absorption rates and a decrease in the rate and amount of
water runoff on the project site. These rate changes would be
insignificant because the proposed trenched area is relatively
small, no more than 100 linear feet of trench would be open at
anyone time during anyone day on anyone street.
Excavation of trenches, placement of backfill in trenches, and
paving of backfilled trenches are operations that would not
significantly alter drainage patterns at the project site. In
addition, the construction contractor would be required to
06900015
28
finish grade excavated surfaces to provide drainage away from
streets and structures to prevent puddling.
-
c. Alterations to the course or flow of flood waters? HQ.
Wastewater flow can be separated into three separate
components: base wastewater flow, groundwater infiltration,
and rainfall-dependent inflow/infiltration. Base wastewater
flow originates from domestic and industrial sources and is
not affected by rainfall. Groundwater infiltration is
affected by groundwater levels which depend on rainfall, but
changes gradually (over days and weeks) rather then suddenly
(hour by hour during a storm). Rainfall dependent
inflow/infiltration responds directly to rainfall: peaks
within hours of when rain occurs: and varies widely from storm
to storm depending on the soil moisture level, which is a
function of antecedent rainfall (Dodson & Young 1989).
Preliminary capacity analyses of the existing wastewater
collection systems in the Country Gardens and Third Avenue
Subareas of the proposed project showed that the rainfall-
dependent inflow/infiltration component of wastewater flow in
these areas represents a substantial portion of the total
wastewater flow (Dodson & Young 1989, Winzler and Kelly 1988).
Benefits of the proposed sewer improvement project include:
reduced wet weather flows, decreased potential for overflows,
and relief of excess flows. Improvement of existing sewer
pipes and construction of new sewer pipes in the project area
would result in a decrease in rainfall-dependent
inflow/infiltration in the replaced sewer pipes and the
addition of new relief sewer pipes subject to
inflow/infiltration. These changes in rainfall-dependent
inflow/infiltration would not significantly alter the course
or flow of flood waters.
d. Change in the amount of surface water in any water body?
HQ.
The existing sewer system does not influence the water level
in any water body. The proposed sewer improvement project
would not influence the water levels in any water body.
Al though the proposed sewer improvement proj ect includes
construction along Murderer's Creek, it would not influence
the water level in the creek because construction would occur
on the creek banks. Replacement of existing sewer pipes and
construction of new relief sewer pipes in the area of the
Contra Costa Canal or Mokelumne Aqueduct would not affect the
flow of water in these structures.
06900015
29
e. Discharge into surface .ater., or in any alteration of
surface .ater quality, including but not limited to
temperature, dissolved oxygen, or turbidity? HQ.
The existing proj ect area sewer system does not encompass
discharge into surface waters or influence the water level in
any water body. The proposed sewer improvement project would
not encompass discharge into surface waters or influence the
water levels in any water body. The proposed sewer
improvement project includes construction along Murderer's
Creek, which may cause some erosion of the creek banks.
However, the District and construction contractor would be
required to comply with all conditions of the CDFG streambed
Al teration Agreement to prevent erosion and siltation in
Murderer's Creek, including conducting construction work in
the summer.
Replacement of existing sewer pipes and construction of new
sewer pipes in the area of the Contra Costa Canal or Mokelumne
Aqueduct would not affect the quality of water in these
structures. In addition, the construction contractor would be
required to prevent degradation of water quality in the Contra
Costa Canal.
f.
Alteration
groundwater?
of the direction or
Yes - insignificant.
rate
of
flow
of
Groundwater was encountered in several test borings conducted
at the project site. DCM/Joyal Engineering (1990) indicate
that groundwater would be encountered and groundwater levels
would fluctuate during construction of the proposed project;
and that groundwater inflow into excavations would vary widely
from minor seepage to locally significant inflow over the
proposed sewer pipe alignments. The proposed project includes
dewatering of trenches during project construction.
Excavation and dewatering of trenches would result in an
insignificant alteration of the direction or rate of flow of
groundwater in the project area.
Groundwater infiltration is one of the three components of
wastewater flow. It is affected by groundwater levels which
depend on rainfall, but changes gradually (over days and
weeks) rather then suddenly (hour by hour during a storm).
Replacement of existing hydraulicly deficient sewer pipes
would decrease the groundwater infiltration component of
wastewater flow in the sewer system. However, construction of
a new relief sewer would increase the length and surface area
of sewer pipe subject to future groundwater infiltration. Any
changes in groundwater infiltration associated with the
proposed project would result in an insignificant alteration
in the direction or rate of flow of groundwater in the project
area.
06900015
30
g. Change in ~he quanti~y of ground waters, ei~her ~hrough
direct addi~ions or withdrawals, or ~hrough interception
of an aquifer by cuts or excavations? NQ.
See the response to Question 3a above.
h. Substantial reduction in the amount of water otherwise
available for public water 8upplies? NQ.
The proposed sewer improvement proj ect does not include
substantial water use or diversion, and therefore it would not
result in a reduction in the amount of water available for
public water supplies. Water would be required for trenching,
installation of pipes and manholes, backfilling, and
compaction; surfacing and paving; and dust control during
project construction. Water would also be required for
irrigation of vegetation and private landscaping removed
during project construction and replaced during site
restoration. To minimize the use of water for irrigation of
vegetation and private landscaping, the District would use
native, drought-tolerant plant species. These construction
operations would result in an insignificant increase in the
rate of use of water.
i. Exposure of people or property to water related hazards
such as flooding or tidal wave.? NQ.
Surface clearing, removal of asphalt and concrete pavement,
excavation of trenches, shoring and sheeting of trenches,
compaction of backfill in trenches, paving of backfilled
trenches, and use of al ternati ve trenchless construction
techniques for sewer pipe installation are construction
activities and operations that would not result in the
exposure of people or property to water related hazards such
as flooding or tidal waves. In addition, a benefit of the
proposed project is the decreased potential for sewer
overflows.
xitiaatioD Xeasures
No mitigation measures are required or recommended.
4. PLANT LZFE: will the proposal result in:
a. Change in the di versi ty of specie., or number of any
specie. of plants (including trees, shrubs, grass, crops,
and aquatic plants)? Yes - insianificant.
Replacement of existing sewer pipe in off-street locations,
such as along the Buena Vista Avenue/Larkey Lane easements,
would invol ve removal of private landscaping, trees, and
06900015
31
,~
annual weeds and grasses. Replacement of existing sewer pipe
between the Mokelumne Aqueduct and Manhole 23 would involve
removal of annual weeds and grasses, almond (prunus sp.), plum
(prunus sp.), and oleander (Nerium oleander). Installation of
running traps and clean-out devices in the front yards of
residences along some streets would involve the removal of
private landscaping. Replacement of the existing sewer pipe
across Murderer's Creek would involve removal of riparian and
other types of vegetation on the creek banks: valley oak
(Quercus lobata), California buckeye (Aesculus californica),
yellow willow (Salix lasiandra), elm (Ulmus sp.), plum (prunus
sp.), and California wild rose (~californica).
The proposed project includes several measures for the
protection and restoration of vegetation and private
landscaping (see proj ect Description - Proposed Mitigation
Measures). These measures include protection of trees and
private landscaping adjacent to or within the areas proposed
for site preparation and trench excavation; and restoration of
trees or private landscaping removed during proj ect
construction.
It is likely that annual weeds and grasses removed during
proj ect construction would not be restored. Removal of annual
weeds and grasses would be an insignificant impact of the
proposed project because these plants are common, adapted to
disturbed habitats, and can re-establish relatively quickly.
It is not known whether the oleander would be replaced;
removal of oleander would be an insignificant impact of the
proposed project because it is a common ornamental species.
Removal of the almond and plum trees would be an insignificant
impact because they are cultivated fruit/nut trees, are not
rare plant species, and would be replaced during site
restoration.
The District and construction contractor would be required to
comply with all conditions of the CDFG streambed Alteration
Agreement to minimize removal of riparian vegetation and
protect remaining riparian vegetation. The District and
construction contractor would be required to also comply with
all conditions of the CDFG streambed Alteration Agreement for
revegetation of riparian habi tat associated wi th the 2: 1
mitigation for type and acreage of riparian vegetation and the
3:1 mitigation for type and number of riparian trees removed
or damaged during replacement of the existing sewer pipe
across Murderer' s Creek (see Proposed Mitigation Measures
section).
06900015
32
b. Reduction of the nUllJ)ers of aDY UDique, rare, or
endanqered species of plants? H2.
Rare, threatened, or endangered plant species do not exist on
the project site.
c. Zntroduction of ne. species of plants into an area, or in
. ~arrier to the noraal replenishment of ezistinq
species? Yes - insiqnificant.
The proposed sewer improvement project includes the in-kind
replacement of vegetation and private landscaping during site
restoration. New species of plants could be introduced to the
project site if the trees or private landscaping replaced
during site restoration were not the same species or variety
as those removed during project construction. The District
would use either the same plant species or native, drought-
tolerant plant species for replacement of vegetation and
private landscaping removed during project construction.
Introduction of new plant species would not result in a
significant impact on vegetation at the project site.
d. Reduction in acreaqe of any aqricultural crop? H2.
The proposed sewer improvement project does not cross
agricultural land.
Mitioation Measures
No mitigation measures are required or recommended.
5. ANZMAL LZPZ: will the proposal result in:
a. chanqe in the diversity of species, or nUllJ)ers of any
species of aDimals (birds, land animals includinq
reptiles, fish and shellfish, benthic orqanisms, or
insects? Yes - insianificant.
Replacement of existing sewer pipe near and along the Buena
Vista/Larkey Lane easements would involve removal of private
landscaping, trees, and annual weeds and grasses that provide
habitat for animal life. However, these areas are relatively
small, heavily disturbed, and contain low quality wildlife
habitat. In addition, the proposed project includes measures
for restoration of trees or private landscaping removed during
project construction. Therefore, removal of vegetation would
result in an insignificant change in the abundance and
diversity of animal life at the project site.
Replacement of existing sewer pipe across Murderer's Creek
would involve removal of riparian and other types of
06900015
33
vegetation that provide habitat for animal life. The District
and construction contractor would be required to comply with
all conditions of the CDFG streambed Alteration Agreement to
minimize removal of riparian vegetation and protect remaining
riparian vegetation. The District and construction contractor
would be required to also comply with all conditions of the
CDFG streambed Alteration Agreement for revegetation of
riparian habitat associated with the 2:1 mitigation for type
and acreage of riparian vegetation and the 3:1 mitigation for
type and number of riparian trees removed or damaged during
replacement of the existing sewer pipe across Murderer's Creek
(see Proposed Mitigation Measures section).
Construction of the proposed sewer improvement project would
result in disturbance to animal species in habitat near and
along the Buena Vista/Larkey Lane easements, near the
Mokelumne Aqueduct, between Conejo Way and Cornwall Court, and
along Murderer's Creek. Animal species that presently use
these areas would be disturbed and displaced to other habitat
during construction. This disturbance and displacement of
animal life would result in an insignificant change in the
abundance and diversity of animal life at the project site.
b.
Reduction of the numbers of
endangered specie. of animal.?
any unique,
liQ.
rare,
or
The proposed sewer improvement project would not result in the
removal or degradation of habitat for any sensitive,
threatened, or endangered animal species.
c. Introduction of new species of animals into an area, or
resul t in a barrier to the migration or movement of
animals? liQ.
Surface Clearing, removal of asphalt and concrete pavement,
excavation of trenches, shoring and sheeting of trenches,
compaction of backfill in trenches, paving of backfilled
trenches, and use of al ternati ve trenchless construction
techniques for sewer pipe installation are construction
activities and operations that would not result in the
introduction of new animal species into the project area.
d. De~er~or~t~on to existing fish or wildlife habitat? ~
- 1ns19n1f1cant.
Replacement of existing sewer pipe near and along the Buena
Vista/Larkey Lane easements would involve removal of private
landscaping, trees, and annual weeds and grasses that provide
habitat for animal life. However, these areas are relatively
small, heavily disturbed, and contain low quality wildlife
habitat. In addition, the proposed project includes measures
for in-kind replacement of vegetation and private landscaping
06900015
34
removed during project construction, including the use of
native, drought-tolerant plant species that provide food and
cover for wildlife. Therefore, removal of vegetation would
result in an insignificant deterioration to existing wildlife
habitat at the project site.
Replacement of the existing sewer pipe across Murderer's Creek
would result in the removal of riparian and other types of
vegetation and may result in a small amount of erosion and
sedimentation in the creek bed. However, the District and
construction contractor would be required to comply with all
condi tions of the CDFG streambed Alteration Agreement to
minimize removal of riparian vegetation: protect remaining
riparian vegetation: and prevent erosion and siltation in
Murderer's Creek, including conducting construction work in
the summer.
The District and construction contractor also would be
required to comply with all conditions of the CDFG streambed
Al teration Agreement for revegetation of riparian habitat
associated with the 2:1 mitigation for type and acreage of
riparian vegetation and the 3: 1 mitigation for type and number
of riparian trees removed or damaged during replacement of the
existing sewer pipe across Murderer I s Creek (see Proposed
Mitigation Measures section).
Mitiqation Measures
No mitigation measures are required or recommended.
6. NOISB: Will the proposal result in:
a. Increases in .xistinq noise levels? Yes - insiqnificant.
Use of heavy equipment and human activity during construction
of the proposed sewer improvement project would result in a
temporary increase in noise levels at the proj ect site. Noise
would be generated by the voices of workers: radios: and
construction activities and operations such as site
preparation, cleaning and grubbing, removal of asphalt and
concrete pavement, trenching, installation of pipes and
manholes, backfilling, compaction, installation of sewer
pipes, and placement of asphalt and concrete pavement. The
proposed project would not result in a significant increase in
existing noise levels at the project site because noise would
be produced on a short-term basis and would not be produced
continuously on anyone day of construction.
Noise impacts on adj acent properties would depend on the
horsepower of the construction equipment used. It is
estimated that at a distance of 50 feet, the noise generated
06900015
35
by earth-moving equipment such as backhoes and tractors would
be between 75 to 80 dBA. Materials handling, stationary
pumps, generators, and compressors would generate
approximately 75 dBA. Noise levels generated from sheet pile
drivers and from pneumatic tools such as jackhammers would
range between 75 to 95 dBA. The highest construction-related
noise levels would be generated during asphalt and concrete
removal, trench excavation and shoring, and grading when
jackhammers, backhoes, pile drivers, tractors, and trucks may
be present at the project site.
To reduce the temporary increase in noise from construction
activities and operations, the construction contractor would
be required to restrict construction work to weekdays and to
daytime hours acceptable to the cities of Walnut Creek and
Pleasant Hill: and would conduct site preparation as
expeditiously as possible to reduce the time spent using loud
earthmoving equipment.
b. Bxposure of people ~o severe Doi.e levels? HQ.
See the response to Question 6a above.
Construction of the proposed project would generate increased
noise levels. However, due to the type of construction
activities and equipment used, the short-term increase in
ambient noise would not expose people to severe noise levels.
The most sensitive areas would be Hoover Avenue, Mayo Lane,
Third Avenue, and the Buena Vista/Larkey Lane easements, since
the right-of-way is narrower at these locations, and the
proximity to residences would result in greater disturbance
from increased noise levels. Sensitive noise receptors in the
project area also include schools, day care centers, park and
communi ty center, and churches located along Buena vista
Avenue, Putnam Boulevard, and Geary Road.
Mi~iaa~ioD Xeasures
No mitigation measures are required or recommended.
7. LIGHT UD GLARE: Will ~be proposal produce Dew liqbt or
qlare? Yes - insianificant.
The proposed sewer improvement project would result in the
insignificant, short-term production of light. The
construction contractor would be required to maintain
spotlights on all construction work that is not safe for
vehicle or pedestrian travel. For proj ect construction in the
area of the Contra Costa Canal, spotlights would be maintained
at all times around excavations and hazardous areas.
06900015
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xitiqation Xeasures
No mitigation Measures are required or recommended.
8. LARD USB: will the proposal result in:
a. Substantial alteration of the present or planned land use
of an area? 12.
The main land use in the proj ect area is single family
residential development. Other land uses in the proj ect area
include: st. Mary's Lutheran Church, Japanese Christian
Church, Woodlands Christian School, Contra Costa Christian
High School, Saybrook Learning Center Pre-School and Day Care,
Alice's Montessori Pre-School, Larkey Park, Community Resource
Center, Walnut Creek Pumping Plant, EBMUD Mokelumne Aqueduct,
Contra Costa Canal, Vetrano Grove Park, Briones-Mt. Diablo
Regional Trail (maintained by the East Bay Regional Park
District), Contra Costa Canal recreational trail and bicycle
path, dentist and chiropractor offices, Larkey Mini-Market and
Deli, Oak Park Liquor, a McCUlloch Service Dealer, Gem Motors,
Jarl 's Foreign Car, Matic' s MBZ, A Child's World clothing
store, and Contra Costa County Fire Protection District 2.
In general, the proposed proj ect would not result in the
substantial alteration of present or planned land uses along
streets and easements in the project area due to the nature of
the proposed project. No new land uses are proposed and no
indirect impacts affecting major land use changes are
anticipated. The proposed project would not result in the
construction or removal of buildings: and includes restoration
of fencing, vegetation, and landscaping removed during project
construction.
The anticipated average length of time that project construc-
tion would proceed in front of a residence or private business
is approximately six non-consecutive days. Therefore, exist-
ing access to homes or businesses would be disrupted on a
short-term basis. The District would advise homeowners to
park in other areas when construction is in progress in front
of their homes. If emergency access to the driveway of a home
is required, the construction contractor would be required to
provide temporary emergency access by laying down a trench
plate between the construction area and the driveway.
For businesses, the construction contractor would be required
to provide signs that direct business clients to alternate
access and parking areas. Short-term disruption of access to
and uses of homes or private businesses would result in an
insignificant adverse land use impact.
06900015
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Hitiaation Heasures
No mitigation measures are required or recommended.
9. NATURAL RESOURCBS: Will the proposal result in:
a. Zncrease in the rate of use of any natural resources?
Yes - insiqnificant.
Project construction activities and operations would not
resul t in an increase in the rate of use of air, soil,
vegetation, or wildlife. Removal of asphalt pavement or
private landscaping, trenching, installation of sheeting and
shoring in trenches, bed preparation, installation of sewer
pipe, placement of backfill, and repaving or replanting of
landscaping are activities and operations that would result in
a short-term increase in the rate of use of water. Water
would be required for trenching, installation of pipes and
manholes, backfilling, and compaction: surfacing and paving:
and dust control during project construction. Water would
also be required for irrigation of vegetation and private
landscaping removed during project construction and replaced
during site restoration. These construction activities and
operations would result in an insignificant increase in the
rate of use of water.
Hitiaation Heasures
No mitigation measures are required or recommended.
10. RISK OF UPSBT: Will the proposal involve:
a.
A risk of
substances
pesticides,
accident or
an explosion or the release of hazardous
(including, but not limited to, oil,
chemicals or radiation) in the event of an
upset conditions? Yes - insiqnificant.
The proposed sewer improvement project would not involve the
handling of hazardous substances. In the event of an accident
or upset conditions, a small amount of fuel or oil may leak
from construction vehicles and equipment. The construction
contractor would be required to maintain the construction
vehicles and equipment in good condition and to clean fuel,
oil, or grease accumulated at the construction site.
A risk of explosion would exist at the construction site
because proj ect construction would be conducted in street
right-of-ways and public utility easements where PG&E gas
lines are also located. However, the risk of explosion is
estimated to be insignificant because the location of PG&E gas
06900015
38
lines are known, and the construction contractor would be
required to be responsible for contacting all agencies
involved and locating all existing utility lines five working
days prior to excavation of any area. PG&E does not
anticipate interferences of the proposed project with their
facilities, but would review the final project plans (Dodson
& Young 1989).
Project construction in the proximity of utility lines would
involve the insignificant risk of breaking water mains and
storm drain lines and inundation of open trenches and
surrounding areas (See the utilities section below). The
construction contractor would be required to use extreme
caution during trench excavation adjacent to existing utility
lines: and shall provide temporary protection, support, and
shoring of utility lines where necessary.
b. possible interference with an emergency response plan or
an emergency evacuation plan? Yes -insignificant.
Construction of the proposed sewer improvement project,
especially staging of auger boring for sewer pipe replacement
beneath the Contra Costa Canal along Hoover Avenue, would
require interruption or detour of through traffic in some
streets. Appropriate signing would be put in place to
establish detour routes using surrounding streets. Providers
of emergency services would be notified of the detours and
detour routes. This disturbance to traffic circulation is not
expected to cause a significant impact to emergency response
plans or emergency evacuation plans.
Mitiaation Measures
No mitigation measures are required or recommended.
11. POPULATION: will the proposal alter the location,
distribution, density, or growth rate of the human population
of an area? HQ.
The District Waste Water Collection System Master Plan
identifies existing and future land use patterns within the
area served by the District as primarily single-family
housing, with some multi-family housing, commercial
development, and schools (Camp, Dresser & McKee 1986).
Additional single-family units, predominantly in the form of
in-fill development, were projected for construction
throughout the region. Since 1985, some of these dwellings
have been built and connected to the existing sewer collection
system (see also 12. Housing).
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The existing sewer collection system already has capacity for
dry weather flows from existing and planned development, but
has insufficient capacity to handle wet weather flows from
existing development (see Project Purpose and Need section).
The purpose of the proposed sewer improvement project is to
minimize future sewer overflows, correct hydraulic
deficiencies, and reduce high maintenance requirements in
existing sewers.
In addition to eliminating existing overflows, the proposed
sewer improvements would accommodate anticipated wet weather
flows from the continual aging of area sewers and from the
relatively smaller amount of wet weather flow anticipated from
newer sewers in new developments. Since the District already
has the capacity to serve the existing and planned development
in the project area, the proposed project is not expected to
substantially alter the location, distribution, density, or
growth rate of the human population in the area; and is not
considered to be a significant growth-inducing proposal.
Mitiaation Measur.s
No mitigation measures are required or recommended.
12. HOUSING: Will the proposal affect existing housing or create
a demand for additional housing? Yes - beneficial.
Land use projections developed by District Planning Division
staff in 1985, as part of preparation of the District Waste
Water Collection System Master Plan, indicated that future
land use patterns will remain similar to existing land use
patterns. In 1985 there were 2,125 single-family dwelling
units in the Country Garden Subarea of Watershed 23 (Winzler
& Kelly 1988) and 1,380 single-family dwelling units in the
Third Avenue Subarea of Watershed 23 (Dodson & Young 1989).
The number of dwelling units was expected to increase by 22
percent in the Country Gardens Subarea and by 13 percent in
the Third Avenue Subarea, for a total of 654 new dwelling
units. From 1985 to the present, some of these dwelling units
have been constructed and connected to the existing sewer
system.
The existing sewer system already has dry weather capacity for
existing and projected housing and the proposal is not
expected to create a demand for additional housing. The sewer
improvements proposed would correct existing hydraulic
deficiencies, reduce maintenance requirements, and minimize
future overflows in the project area. By minimizing potential
problems in local sewer lines, the proposed proj ect would have
a beneficial impact on existing housing.
06900015
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xitiqation Xeasures
No mitigation measures are required or recommended.
13. TRANSPORTATION/CIRCULATION: Will the proposal result in:
a. Generation of substantial additional vehicular movement?
1iQ.
The proposed project would not result in the generation of
additional vehicular movement. Improvement of the existing
sewer system would not result in the enhancement of existing
streets; construction of new streets; or construction of
additional residential, commercial, or industrial development.
Therefore, the proposed sewer improvements would not encourage
additional motorists to use streets in the project area.
b. Bffects upon existing parking facilities or demand for
ne. parking? Yes - insignificant.
Project construction activities and operations would result in
street closures, detours, and obstruction of parking areas
along streets in front of residences and businesses. The
obstruction of parking areas would be an insignificant impact
of the proposed project because it would occur on a short-term
basis. The maximum length of time that anyone aspect of
project construction would proceed in front of a residence or
business is approximately four non-consecutive days. In
addition, the construction contractor would be required to
provide emergency access to residences.
c. Substantial impact on existing transportation systems?
Ii2L
Project construction activities and operations would result in
street closures, street detours, and interruption of vehicular
traffic on streets in the project area. The interruption of
vehicular movement would be an insignificant adverse impact of
the proposed project because it would occur on a short-term
basis, and the proposed project includes a general traffic
control plan for the project area and a specific traffic
control plan for specific streets in the project area. The
general traffic control plan includes keeping one travel lane
for vehicle movement open at all times during project
construction where possible. The construction contractor
would be required to provide a detailed schedule of traffic
control including time periods, detours, road closure
markings, and sign locations for approval by District
Engineers.
06900015
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d. AI~era~ioD. ~o pre.eD~ pa~~erD. of circula~ioD or
.0vem.D~ of people and/or 900d.? Yes - insianificant.
Project construction activities and operations would result in
street closures, street detours, interruption of vehicular
traffic on streets, closure of the bridge across Murderer's
Creek off Vessing Road, and interference wi th use of the
Contra Costa Canal recreational trail and Briones-Mt. Diablo
Regional Trail by pedestrians and bicyclists. For access to
Pleasant Hill Elementary School, the bridge at the end of
Bonnie Place (several blocks away) would be the only
relatively convenient alternative for pedestrian access south
of Murderer's Creek.
The interruption of vehicular, pedestrian, and bicycle
movement along the streets; and the interruption of bicycle
and pedestrian movement along the trails and across the bridge
would be insignificant adverse impacts of the proposed proj ect
for the following reasons: 1) they would occur on a short-term
basis; 2) the proposed project includes a general traffic
control plan and specific traffic control plans for specific
streets; 3) the construction contractor would be required to
post warning signs about project construction approximately
100 feet from where Putnam Boulevard and Hoover Avenue cross
the Contra Costa Canal; 4) the construction contractor would
be required to keep one bridge over Murderer's Creek (either
the bridge off Vessing Road or off Bonnie Place) open at all
times during project construction; and 5) the District would
encourage the Mt. Diablo Unified School District to avoid
scheduling summer school at Pleasant Hill Elementary School
during the construction period.
In addition, for proj ect construction in the area of the
Contra Costa Canal, the construction contractor would be
required to conduct work so as not to interfere with the
travel of Contra Costa Water District (CCWD) vehicles and/or
equipment through the work area; and keep the Contra Costa
Canal operating road or a detour road satisfactory to CCWD
open at all times during project construction in that area.
e. AI~era~ioD. ~o .a~erborDe, rail or air ~raffic? Hg.
No water, rail, or air traffic routes cross the project site.
The Contra Costa Canal and Mokel umne Aqueduct cross the
proj ect site, but these waterways function as water conveyance
canals and are not used for transportation of water-borne
vehicles.
06900015
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f. Increase in traffic hazards to aotor vehicles, bicyclists
or ped.strians? Yes - insianificant.
The proposed sewer improvement project would increase traffic
hazards to motor vehicles, bicyclists, and pedestrians because
project construction activities and operations would result in
street closures, street detours, interruption of vehicular
traffic on streets, and an obstacle to use of the Contra Costa
Canal recreational trail and Briones-Mt. Diablo Regional Trail
by pedestrians and bicyclists. However, the proposed sewer
improvement project would not result in a significant increase
in traffic hazards because the proposed project includes a
general traffic control plan and specific traffic control
plans for specific streets in the project area.
The general traffic control plan includes keeping one travel
lane for vehicle movement open at all times, where possible,
during project construction: and would be implemented through
the use of signs, flaggers, reduced speeds, cones in streets,
and rerouting of traffic to alternative streets to eliminate
reduce hazards and confusion during project construction.
To minimize exposing the public to potential injury from
construction operations, the construction contractor would be
required to provide appropriate security measures (e.g.,
barricades and fencing) during project construction,
especially in the area of local schools, parks, and child care
centers. Work would be scheduled to avoid conflicts with
school activities as much as possible.
The construction contractor would be required to post warning
signs about project construction along the Briones-Mt. Diablo
Regional Trail approximately 100 feet from where the Mokelumne
Aqueduct intersects with Conejo Way. The warning signs would
be posted along both sides of the Briones-Mt. Diablo Regional
Trail opposite Conejo Way. The construction contractor would
be required to also post warning signs along both sides of the
Contra Costa Canal recreational trail and bicycle path
opposite Putnam Boulevard and Hoover Avenue.
The construction contractor would be required to maintain
barriers on all work that is not safe for vehicle or
pedestrian travel. For project construction in the area of
the Contra Costa Canal, adequate barricades, warning signs,
and lights would be maintained at all times around excavations
and hazardous areas. The construction contractor would be
required to exercise extreme caution during proj ect
construction to prevent people and equipment from falling into
the Canal.
06900015
43
xitiaation Xeasure.
No mitigation measures are required or recommended.
14. POBLZC SBRVZCBS: Will the proposal have an effect upon or
re.ult in a need for Dew or altered services iD any of the
following areas: fire protection, pOlice protection, school.,
parka or other recreational facilities, maintenance of public
facilities including roads, and other governmental services?
Yes - insignificant.
Existing public services in the vicinity of the proposed sewer
improvement project include schools, pre-SChools and day care
centers, a park and community center, and several churches.
These facilities are located along Geary Road and the Buena
Vista/Putnam Boulevard alignment.
The proposed sewer improvement project would not have an
effect upon or- result in a need for new or altered public
services such as schools, parks, or recreational facilities
because it is not a significant growth-inducing proposal.
During the construction phase, the proposed project may affect
emergency access for fire and police protection services.
However, the construction contractor would be required to keep
one travel lane open at all times where possible during
construction to reduce safety hazards and impacts to emergency
access.
For situations in which through traffic would be interrupted
along a street, such as the interruption of through traffic
along Hoover Avenue during auger boring beneath the Contra
Costa Canal, the construction contractor would be required to
establish a signed detour through nearby streets.
Construction equipment, primarily haul trucks, may cause
structural damage to existing street sections. This potential
adverse impact would depend on the existing street structure
and the type of construction vehicles and equipment used. It
is anticipated that structural damage to street sections from
use of haul trucks and heavy equipment near the construction
site would be insignificant. Removal of pavement and
excavation of trenches would disrupt the use of streets.
After completion of the sewer improvements, the construction
contractor would be required to place temporary pavement over
backfilled trenches to allow for safe use of streets by
vehicles. Final pavement would be placed after completion of
construction activities in an area and in coordination with
various street repaving projects by the Cities of Pleasant
Hill and Walnut Creek (see Related Projects section). No
increase in maintenance requirements for public streets is
06900015
44
expected to result from the proposed sewer improvement
project.
Mitigation Measures
No mitigation measures are required or recommended.
15. BNERGY: Will the proposal result in :
a. Use of substantial amounts of fuel or energy? 1!2.
Construction of the proposed sewer improvement project would
not involve the use of substantial amounts of fuel or energy.
Fuel or energy would be used on a short-term basis to power
construction vehicles and equipment, and infrequently on a
long-term basis to power maintenance vehicles and equipment.
Since the proposed project would result in the reduction of
maintenance requirements in the existing sewer collection
system, it has a potential beneficial impact on the long-term
need of fuel or energy for maintenance purposes.
b. Substantial increase in demand upon existing sources of
energy or require the development of new sources of
energy? ~
As the proposed sewer improvement project would not result in
use of a substantial amount of fuel or energy, it would not
result in a substantial increase in the demand upon existing
sources of energy or require the development of new sources of
energy.
Mitiaation Measures
No mitigation measures are required or recommended.
16. UTILITIES: Will the proposal result in a need for new
systems, or substantial alterations to the following
utilities: power or natural gas, communication systems, water,
sewer or septic, storm water drainage, and solid waste
disposal? Yes - insianificant.
Beneficial impacts on utility systems. Completion of the
proposed sewer improvement project would result in a
beneficial impact on sewer services to the project area.
Goals of the proposed project are to 1) minimize future
overflows, 2) correct deficiencies, and 3) reduce high
maintenance requirements in the project area. Benefits of the
proposed project include: 1) reduced wet weather flows; 2)
decreased maintenance; 3) decreased potential for overflows;
06900015
45
4) elimination of pipes with adverse qrades, flat qrades, root
problems, and qrease problems: and 5) relief of excess flows
in hydraulicly deficient pipes.
Potential adverse impacts on utili ty systems. See the
response to Question 10a above. The proposed sewer
improvement project would not result in a significant adverse
alteration to existinq utility systems. The proposed sewer
improvements would be constructed primarily within existing
street right-of-ways and public utility easements (PUE) where
several other utility lines are located. These utility lines
include qas mains and service lines; water mains and service
lines: and electrical, telephone, cable television, and storm
drain lines.
The proposed project includes the location of all utility
lines prior to trench excavation and avoidance of utility
lines durinq project construction. The construction
contractor would be required to use extreme caution during
trench excavation adjacent to existing utility lines: and
shall provide temporary protection, support, and shoring of
utility lines where necessary. According to PG&E,
interference of the proposed project with their facilities are
not anticipated: however, PG&E would review the final project
construction plans (Dodson & Young 1989).
Project construction in the vicinity of existing utility lines
involves the potential risk of damage to the lines and
temporary disruption of services to the project area.
However, since the proposed project includes measures to
reduce the risk of damage to utility lines, the probability of
disruption of services to the project area is low.
Replaced sewer pipe would cross the Contra Costa Canal and the
Mokelumne Aqueduct. Replacement of existing sewer pipe
beneath the Contra Canal along Hoover Avenue would be
conducted using auger boring to eliminate the need for
trenching which could harm the Canal. In addition, the
construction contractor would be required to exercise extreme
caution during project construction in the vicinity of the
Canal to prevent dust, dirt, sewage, or any other substance
from polluting water in the Canal.
Construction of a new relief sewer pipe beneath the Mokelumne
Aqueduct at the Buena Vista/First Avenue intersection would
also require auger boring to eliminate the need for trenching
which could harm the Aqueduct. The District and construction
contractor would be required to adhere to specific EBMUD
requirements regarding sewer pipe clearances, sewer pipe
material, and construction methods to avoid harm to the
Aqueduct. In addition, EBMUD would review the final project
construction plans (Dodson & Young 1989).
06900015
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Construction of the proposed sewer improvements would require
deactivation of existing sewer lines which are to be replaced,
abandoned, or modified. The project would also involve the
reconnect ion of all lateral sewer lines to new sewer lines.
The construction contractor would be required to maintain the
main and trunk sewer lines in working condition during all
phases of project construction, although an interruption of
sewer service to an individual building may be necessary for
part of a day while work is being performed on the lateral
sewer lines. The District would notify building occupants in
advance of any planned service interruptions.
Xitiaation Xeasure.
No mitigation measures are required or recommended.
17. HUMAN HBALTH: Will the proposal result in:
a. Creation of any health hazard or potential health hazard
(exoluding .ental health)? HQ.
Construction of the proposed sewer improvements would not
create any health hazard or potential health hazard. However,
some persons may view generation of noise and dust during
construction as creation of a health hazard. The construction
contractor would be required to reduce noise and dust
generation at the construction site through the application of
standard measures for noise and dust abatement.
A beneficial health impact of the proposed project would be a
reduction in the frequency and severity of raw sewage over-
flows onto city streets and public or private property. The
potential for area sewage overflows would be further reduced
with completion of the proposed Pleasant Hill Sewer Overflow
Protection Project (see Related Projects in section II).
b. Bxposure of people to potential health hazards? HQ.
In general, the proposed project does not include any aspects
which would expose people to potential health hazards. Con-
struction activities and operations in the proximity of
schools, pre-schools, day care centers, and parks could
attract the attention and curiosity of children, who could be
injured while exploring the construction site. The con-
struction contractor would be required to provide appropriate
security measures during project construction to avoid injury
to children.
xitiaation Xeasure.
No mitigation measures are required or recommended.
06900015
47
18. AESTHBTZCS: Will the proposal result in the obstruction of
any scenic "ista or "ie. open to the public, or will the
proposal result in the creation of an .esthetically offensi"e
site open to public "ie.? Yes -insignificant.
The proposed sewer improvement proj ect would change the
aesthetic appearance of the project area due to the presence
of construction vehicles and equipment, excavated trenches,
temporarily paved backfilled trenches, placement and storage
of materials removed during trench excavation, and
construction . materials and debris. However, the proposed
project would not result in the obstruction of scenic views or
in the creation of an aesthetically offensive site because all
sewer lines would be located underground, and the proposed
project includes site restoration by the construction
contractor.
Xitiqation Xeasures
No mitigation measures are required or recommended.
19. RECREATZON: Will the proposal result in an impact upon the
quality or quantity of existing recreational opportunities?
Yes - insianificant.
Construction of the proposed sewer improvement project would
result in an insignificant adverse impact on the quality of
existing recreational opportunities along the Contra Costa
Canal recreational trail and bicycle path and the Briones-Mt.
Diablo Regional Trail. Construction work near the Contra
Costa Canal and Mokelumne Aqueduct would interfere with the
movement of pedestrians and bicyclists and reduce the quality
of their recreational experience. However, the work would
proceed for a maximum of one month, and therefore disturbance
to users of the recreational trails would occur only on a
short-term basis.
In addition, the construction contractor would be required to
post warning signs about project construction along the
Briones-Mt. Diablo Regional Trail approximately 100 feet from
where the Mokelumne Aqueduct intersects with Conejo Way. The
warning signs would be posted along both sides of the Briones-
Mt. Diablo Regional Trail opposite Conejo Way. The
construction contractor would be required to post warning
signs along both sides of the Contra Costa Canal recreational
trail and bicycle path opposite Putnam Boulevard and Hoover
Avenue.
06900015
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,
xitiaation Xeasures
No mitigation measures would be required or recommended.
20. CULTURAL "SOURCBS:
a. Will the proposal result in the alteration of or the
destruction of a prehistoric or historic archaeological
.ite? H2L
It is unlikely that prehistoric or historic archaeological
remains or sites exist in the proj ect area. In a letter dated
12 July 1990, the California Archaeological Inventory (CAI)
indicates that the project area contains no recorded
prehistoric or historic archaeological sites listed with the
CAI. The letter also indicates that state and federal
inventories list no historic properties in the project area.
In addition, the proposed project would be conducted in areas
previously disturbed from residential development, commercial
development, and road construction: and therefore it is
unlikely that new prehistoric or historic archaeological
remains or sites would be found in these areas.
If prehistoric or historic resources are encountered during
proj ect construction, the construction contractor would be
required to follow standard procedures for preservation of
cultural resources required by state law or recommended by the
California Archaeological Inventory.
b. will the proposal result in adverse physical or aesthetic
effects to a prehistoric or historic building, structure,
or object? JiQ.
See the response to Question 20a above.
c. Does the proposal have the potential to cause a physical
change which would affect unique ethnic cultural values?
JiQ.
Site preparation, trenching, pipe placement and construction
of manholes, backfilling and compaction, surfacing and paving,
and site restoration are activities and operations that do not
have the potential to cause a physical change which would
affect unique ethnic cultural values in the project area.
d. Will the proposal restrict existing religious or sacred
uses within the potential impact area? JiQ.
No existing religious or sacred uses exist within the project
area.
06900015
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21. XANDA'1'ORY :rIIIDI.aS O:r 8Ia.I:rICUCB:
a. Doe. ~he project have ~he potential ~o lSegra4e the
f:lUality of ~he enviromaent, au1tstantially reduce ~he
babitat of a fiab or wildlife apeciea, cauae a fisb or
wildlife population ~o drop below .elf-sustaining levels,
~hreaten ~o eli.inate a plant or animal co_unity, reduce
~be number or restrict ~be range of a rare or endangered
plant or ani.al, or eli.inate impor~an~ example. of 'the
aajor periods of California bistory or prebistory? HQ.
The proposed sewer improvement project would result in the
removal of a small amount or number of private landscaping,
including ornamental trees, shrubs, and ground covers: and
annual weeds and grasses during site preparation and trench
excavation. The proposed project would also result in the
removal of riparian and other types of vegetation during
construction along the banks of Murderer's Creek.
The removal of vegetation would be an insignificant impact of
the proposed project for the following reasons: 1) annual
weeds and grasses are common, adapted to disturbed habitats,
and can re-establish relatively quickly: 2) ornamental trees,
shrubs, and ground covers are common plants used in public and
private landscaping: 3) the proposed project includes measures
for the protection of trees and private landscaping adjacent
to or within the areas proposed for site preparation and
trench excavation: 4) the proposed project includes compliance
wi th all conditions of the CDFG streambed Alteration Agreement
to minimize removal of riparian vegetation and protect
remaining riparian vegetation during construction along
Murderer's Creek: 5) the proposed proj ect incl udes si te
restoration, the in-kind replacement of all vegetation and
private landscaping removed during project construction: and
6) the proposed project includes compliance with all
condi tions of the CDFG streambed Alteration Agreement for
revegetation of riparian habi tat associated wi th then 2: 1
mitigation for type and acreage of riparian vegetation and the
3:1 mitigation for type and number of riparian trees removed
or damaged during construction along Murderer's Creek. The
proj ect si te does not contain any rare, threatened, or
endangered plant species, and therefore it would not involve
the removal of individuals or habitat for special status plant
species.
Removal of private landscaping, annual weeds and grasses
during site preparation and trench excavation: and removal of
riparian vegetation during construction along Murderer's Creek
would result in the removal or degradation of wildlife habitat
at the project site. Removal or degradation of wildlife
habitat would be an insignificant impact of the proposed
project for the following reasons: 1) the areas in which
06900015
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I
vegetation would be removed are small, heavily disturbed, and
contain low quality wildlife habitat: 2) the proposed project
includes site restoration, the in-kind replacement of all
vegetation and private landscaping removed during project
construction: 3) the proposed project includes compliance with
all conditions of the CDFG streambed Alteration Agreement for
revegetation of riparian habitat associated with the 2: 1
mitigation for type and acreage of riparian vegetation and the
3:1 mitigation for type and number of riparian trees removed
or damaged during replacement of the existing sewer pipe
across Murderer's Creek: and 4) the proposed project includes
several measures for the protection of trees and private
landscaping adjacent to or within the areas proposed for site
preparation and trench excavation. The project site does not
contain habitat for any sensitive, threatened, or endangered
animal species, and therefore it would not involve disturbance
to or removal of habitat for special status animal species.
The proposed project would not result in the alteration or
destruction of prehistoric or historic archaeological sites,
buildings, structures, or objects, as the project site does
not contain any identified prehistoric or historic resources,
and the proposed project includes measures for the
preservation of any cultural resources discovered during
project construction.
b. noe. the project have the potential to achieve short-
term, to the disadvantage of long-term, environmental
goals? (A short-term impact on the environment is one
which occurs in a relatively brief, definitive period of
time while long-term impacts will endure well into the
future.) liQ.
The proposed sewer improvement project is based on the
following long-term goals for improvement and maintenance of
the existing sewer collection system in the project area: 1)
minimize future overflows, 2) correct deficiencies, and 3)
reduce high maintenance requirements. Benefits of the
proposed project include: 1) reduced wet weather flows: 2)
decreased maintenance: 3) decreased potential for overflows:
4) elimination of pipes with adverse grades, flat grades, root
problems, and grease problems: and 5) relief of excess flows
in hydraulicly deficient pipes. Construction of the proposed
project would achieve these goals and benefits, and result in
a beneficial impact on utility services and in insignificant
adverse impacts on other resources in the project area.
c. Does the project have impacts which are individually
limited, but cumulatively considerable? (A project may
impact on two or more separate resources where the impact
on each resource is relatively small, J:>>ut where the
06900015 51
effect of the total of those impacts on the environment
is significant.) HQ.
The total or cumulative effect of insignificant impacts on
resources associated with the proposed sewer improvement
project would not result in a significant adverse impact on
the environment. With regard to cumulative impacts on
specific resources, the proposed project would contribute to
the cumulative impacts on few resources in the project area.
Fuel emissions associated with the operation of construction
equipment and vehicles, slowed circulation of vehicles near
construction zones, and asphalt paving; and sewer odors would
constitute an insignificant percentage of total air emissions
in the Bay Area Air Basin, but would contribute to the
cumulative regional air pollution.
Disturbance of soil and removal of vegetation for site pre-
paration and trench excavation would not contribute to the
cumulative loss and degradation of plant and animal habitat in
the region, because the proposed project includes both in-kind
replacement of vegetation during site restoration and revege-
tation of riparian habitat. site restoration and revegetation
of riparian habitat along Murderer's Creek could contribute to
the cumulative gain of animal and plant habitat in the region
through the planting of native, drought-tolerant plant species
that provide food and cover for wildlife; and improving the
present condition of Murderer's Creek. The proposed project
would also contribute to the cumulative improvement of the
sewer collection system in the project area.
d. Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly? Kg.
The proposed project would not cause significant adverse
effects on human beings. Replacement of existing sewer pipe
or installation of new sewer pipe in the project area would
not further expose people or property to earthquakes or ground
failure; includes Sheeting and shoring of trench walls to
reduce potential hazards to personnel, structures, and utility
lines from instability; would not result in significant
deterioration of ambient air quality, significant alteration
of water quality, significant reduction in water available for
public water supplies, exposure of people or property to
flooding or tidal waves, or creation of a health hazard; would
result in a temporary, insignificant production of fuel
emissions and fumes from operation of construction equipment
and vehicles; would resu1 t in a temporary, insignificant
increase in noise levels, but would not expose people to
severe noise levels: would not involve the handling or release
of hazardous substances; would involve an insignificant risk
of explosion associated with potential damage to gas lines;
06900015
52
would not create a demand for additional housing: would result
in a significant interference with an emergency response
plan/evacuation plan or a significant increase in traffic
hazards to motor vehicles, bicyclists, and pedestrians due to
implementation of a traffic control plan during project
construction: and would not create an aesthetically offensive
site open to public view because site restoration would be
conducted following project construction. A beneficial impact
of the proposed project on human beings would be improvement
of the existing sewer collection system and a decreased
potential for overflows.
XV. ID1VZROJDlBJJ'.rAL ..DlDDCJ8
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION WILL BE
PREPARED. )(
I find that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because the mitigation
measures described on the attached sheet have been added to
the project. A MITIGATED NEGATIVE DECLARATION WILL BE
PREPARED. 0
I find the proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IMPACT REPORT IS
PREPARED. 0
Date
lo.~o-qo
Signature ~.p~~
For G-..J....t ~ ()",.J.. '~-'1~
06900015
53
--
V. PBUOBS DD ORGUIIA~IOBS COBSULHD
Central Contra Costa Sanitary
District, Engineering Division
G.S. Dodson , Associates
Antkowiak, Andrew
Bremer, Mark
Collins, Bob
Central Contra Costa Sanitary
District, Construction Division
Central Contra Costa
District, Collection
Operations Department
Central Contra Costa Sanitary
District, Planning Division
Godsey, Tom
Central Contra Costa
District, Collection
Operations Department
John Carollo Engineers
Hoffman, Bob
Hopkins, Lee
Kelly, James
Sanitary
System
Sanitary
System
Leavitt, Russell
Central Contra Costa Sanitary
District, Planning Division
Mowers, Bob
Central Contra Costa
District, Collection
Operations Department
Schumacher, Chris
G.S. Dodson & Associates
Sanitary
System
Central Contra Costa Sanitary
District, Construction Division
Central Contra Costa Sanitary
District, Construction Division
Thom, Henry
Whitten, Bill
Zayak, Jackie
Central Contra Costa Sanitary
District, Planning Division
06900015
54
VZ. BZBLZOGDPBY
Camp, Dresser & McKee. 1986. Central Contra Costa Sanitary
District Wastewater Collection System Master Plan.
Submitted to Central Contra Costa Sanitary District.
Central Contra Costa Sanitary District. 1989. Negative
Declaration for Watershed 23 Sewer Replacement Project.
Central Contra Costa Sanitary District. 1986. Central Contra
Costa Sanitary District Standard specifications for
Design and Construction.
DCM/Joyal Engineering. 1990. Preconstruct ion Geotechnical
Engineering Investigation Report on the Country
Gardens/Third Avenue Sewer Improvements. Prepared for
Central Contra Costa District Project No. 4615.
Dodson & Young. 1989. Watershed 23, Phase II: Third Avenue
Area Collection System Facilities Planning Study.
Submitted to Central Contra Costa Sanitary District.
G.S. Dodson & Associates. 1990a. Volume 3 of 3: Project
Plans for the Country Gardens/Third Avenue Sewer
Improvements. Contract Documents for Central Contra
Costa Sanitary District Project No. 4615.
G.S. Dodson & Associates. 1990b. Volume 2 of 3: Technical
Specifications for the Country Gardens/Third Avenue Sewer
Improvements. Contracts Documents for Central Contra
Costa Sanitary District Project No. 4615.
Winzler & Kelly. 1988. Country Gardens Area, Pleasant Hill:
Collection System Facilities Planning Study. Submitted
to Central Contra Costa Sanitary District.
VZX. LXST OP PRBPUBRS
Michael Clavton & Associates
Michael Clayton
Lisa Posternak
Marucia Britto
Anne Clemons
06900015
55
APPEHDIZ A
APPROVED WATERSHED 23
8BWBR RBPLACBKBN'l' PROJECT MAP
06900015
56
-:
--
Withers "Ye.
L
[
I[
[
[
cs
>-
~
is
8
PLEASANT HILL
WALNUT
CREEK
j'i
:J~
-,
@
existing HYler
Proposed sewer Improvement
.n.nJlt<<JUW Sewer abandonment
APPROVED WATERSHED 23
SEWER REPLACEMENT PROJECT
Figure
A-1
2523-9/18
57
.
Central Contra Costa Sanitary Ilistrict
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
olle,ynb.e.r- IS-
S9t:Jtemb8r 201 1990
NO
4.
CONSENT CALENDAR g.
SUBJECT
DATE
November 6, 1990
AUTHORIZE EXTENSION OF MEDICAL LEAVE OF
ABSENCE WITHOUT PAY FOR DON BALESTRIERI,
MAINTENANCE CREW MEMBER II, THROUGH 2/20/91
TYPE OF ACTION
MEDICAL LEAVE
OF ABSENCE
Cathryn Radin Freitas, Personnel Officer
INITIATING DEPT /DIV
Administrative/Personnel
SUBMITTED BY
ISSUE: Board approval is required for an Employee Medical Leave of Absence without pay for
longer than 30 days.
BACKGROUND: Don Balestrieri, Maintenance Crew Member II, has been off work since
September 27, 1989, for medical reasons. After Mr. Balestrieri's paid leave was depleted, the
Board granted him leave without pay on December 21, 1989, and subsequently extended that
leave on several occasions to November 30, 1990. Staff has been notified by the County
Retirement Office that additional time is required to resolve Mr. Balestrieri's request for disability
retirement.
It is requested that the Board extend his Medical Leave of Absence without pay until February
20, 1991, to allow the Retirement Board to reach a decision on his retirement request. The
department can accommodate Mr. Balestrieri's request.
RECOMMENDATION: Extend Leave Without Pay for Don Balestrieri, Maintenance Crew Member
II, through February 20, 1991.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIA TING DEPT IDIV
'I -'
~~
.,'---"\
1302A985 CRF PM
.
Centra. ~ontra Costa Sanitar} Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
November 15, 1990
NO.
4.
CONSENT CALENDAR h.
SUBJECT
DATE
November 13, 1990
TYPE OF ACTION
AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY
FOR BENJAMIN J. BELL, INSTRUMENT TECHNICIAN,
THROUGH APRIL 21, 1991
AUTHORIZE LEAVE
OF ABSENCE
SUBMITTED BY
INITIATING DEPT.lDIV.
Cathryn Radin Freitas
Administrative/Personnel
ISSUE: Board approval is required for an Employee Medical Leave of
Absence without pay for longer than 30 days.
BACKGROUND: Benjamin J. Bell has been off work for medical reasons since
August 24, 1990. He has been on sick leave since that time and has now
exhausted all of his available sick, vacation, and earned overtime leave.
RECOMMENDATION: Authorize Leave of Absence without pay for Benjamin J.
Bell through April 21, 1991.
INITIATING DEPT.lDIV.
~
1302A-9/85 CRF
REVIEWED AND RECOMMENDED FOR BOARD ACTION
.
Centra_ -:ontra Costa Sanitar~ ,Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
November 15, 1990
NO.
4.
CONSENT CALENDAR i.
SUBJECT
DIRECT STAFF TO SECURE THE SERVICES OF AN ARBI-
TRA TOR IN ACCORDANCE WITH THE APPROPRIATE
DISCIPLINARY APPEAL PROCEDURES FOR DISMISSAL
DATE
November 5, 1990
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT.lDIV
Paul Morsen, Deputy General Manager
Ad m inistrative
ISSUE: In accordance with the Memorandum of Understanding (M.O.U.) between the District
and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union,
Local No. One (Local No.1) the Board must employ an arbitrator to render a recommendation
when disciplinary actions are appealed to the Board level.
BACKGROUND: Plant Operations Department Manager Charles Batts has taken termination
action against Utility Worker Nicholas James" Jim" Maples for violation of the M.O.U. between
the Central Contra Costa Sanitary District and the Employees' Association, Public Employees'
Union, Local No.1, Article III, Section 3.2.B.4, Intentional or Gross Misconduct. The misconduct
included threats of physical violence against General Manager - Chief Engineer Roger Dolan and
Deputy General Manager Paul Morsen. Details of this matter have been provided to the Board
Personnel Committee previously.
Pursuant to a letter received from the Union on Mr. Maples' behalf (see attached), the Union is
requesting that the appeal to the General Manager - Chief Engineer be waived and the Board
direct staff to secure the services of an arbitrator. Due to the General Manager - Chief Engineer
and Deputy General Manager being a party in this matter, staff concurs with the Union that this
procedure is appropriate under the circumstances.
In matters that are appealed to the Board, the M.O.U. reads as follows:
A. "An employee, . . . may appeal the Hearing Officer's decision by appealing to the
Board via filing a written request for hearing with the Secretary of the District within five
(5) working days of receipt of the Hearing Officer's decision. The Secretary shall calendar
the matter at the next regularly scheduled Board Meeting in keeping with established
guidelines for calendaring an agenda item."
B. "The Board shall employ a neutral third party to hear the appeal and to recommend
action to the Board."
C. "The Board may adopt, reject, or modify the recommendation of the Board-appointed
neutral third party. The decision of the Board is the final action of the District."
RECOMMENDATION: Authorize staff to secure the services of an arbitrator in accordance with
the appeal procedures for dismissal of employees in the matter of Utility Worker Nicholas James
REVIEWED AND RECOMMENDED FOR BOARD ACTION
PM
PUBLIC EMPLOYEES UNION, LOCAL ONE
Mailing Address - P.O. Box 222, Martinez, CA 94553
Union Hall - 5034 Blum Road, Martinez, CA 94553
Phone (415) 228-1600
.~")-..-
October 29. 1990
Board of Directors
C~ntral Contra Costa Sanitary District
5019 Imhoff Place
Martinez, California 94553
Subject: Appeal of Dismissal of Nicholas James Maples in
Accordance with Section 3.4B
Dear Board Members:
I have been authorized to appeal the dismissal directly to the
Board of Directors as outlined in Section 3.3B of the contract
between Public Employees Union, Local #1 and the Sanitary
District.
The Union is proposing to eliminate Step A, inasmuch as we
believe that that step would be an exercise in futility. It is
our intention in making this appeal to move as quickly as we can
to Section 3.~B of the Contract which provides, "The Board shall
employ a neutral third party to hear the appeal and to recommend
action to the Board."
~
','
By taking this action, we believe that the issues surrounding the
proposed discipline will be brought forward in a manner that will
provide for a more open and honest evaluation of the charges.
Further, it is understood that Mr. Maples will remain in a paid
status until the end of the work day, November 2, 1990.
If the Sanitary District agrees to this proposal, we should
immediately notify the State Conciliation Services of our need
for a Hearing Officer through the normal channels of
communication.
'.
Sincerely,
PUBLIC EMPLOYEES UNION, LOCAL #1
iZvr/v&~
David V. Platt
Assistant General Manager
DP:omm
(DP0210)
cc: Jim Maples
Anne Mueller
.
Centra. ~ontra Costa Sanitar) .Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
November 15, 1990
NO.
4.
DATE
CONSENT CALENDAR j.
SUBJECT
DIRECT STAFF TO SECURE THE SERVICES OF AN ARBI-
TRA TOR IN ACCORDANCE WITH THE APPROPRIATE
DISCIPLINARY APPEAL PROCEDURES FOR SUSPENSION
November 5, 1990
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT.lDIV.
Paul Morsen, Deputy General Manager
Administrative
ISSUE: In accordance with the Memorandum of Understanding (M.O.U.) between the District
and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union,
Local No. One (Local No. 1) the Board must employ an arbitrator to render a recommendation
when disciplinary actions are appealed to the Board level.
BACKGROUND: Collection System Operations Department Manager John Larson has
recommended a three-day suspension without pay for Maintenance Crew Member II Frank Shea.
Mr. Shea is being disciplined for habitual absenteeism. He appealed this matter and received a
hearing under the discipline provisions of the current M.O.U. between the Central Contra Costa
Sanitary District and the Employees' Association, Public Employees' Union, Local No.1. Mr.
Shea was dissatisfied with the Hearing Officer's decision and is exercising his additional appeal
rights.
In matters that are appealed to the Board, the M.O.U. reads as follows:
A. "An employee, . . . may appeal the Hearing Officer's decision by appealing to the
Board via filing a written request for hearing with the Secretary of the District within five
(5) working days of receipt of the Hearing Officer's decision. The Secretary shall calendar
the matter at the next regularly scheduled Board Meeting in keeping with established
guidelines for calendaring an agenda item."
B. "The Board shall employ a neutral third party to hear the appeal and to recommend
action to the Board."
C. "The Board may adopt, reject, or modify the recommendation of the Board-appointed
neutral third party. The decision of the Board is the final action of the District."
RECOMMENDATION: Authorize staff to secure the services of an arbitrator in accordance with
the appeal procedures in the matter of Maintenance Crew Member II Frank Shea.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
PM
1302A-9/85
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
November 15, 1990
NO.
5.
SOLI D WASTE a.
November 6, 1990
SUBJECT
OBTAIN ADDITIONAL INFORMATION TO CONSIDER A
REQUEST FOR CONSENT TO THE SALE OF A 50 PERCENT
INTEREST IN ORINDA-MORAGA DISPOSAL SERVICE, INC.
TO ROBERT M. SLlEPKA
DATE
TYPE OF ACTION
CONSIDER OWNER-
SHIP CHANGE
SUBMITTED BY
Walter Funasaki, Finance Officer
INITIATING DEPT/DIV
Administrative/Finance & Accounting
ISSUE: In considering a request for consent to the sale of a 50 percent interest in Orinda-
Moraga Disposal Service, Inc., the Board of Directors determined that additional information was
required.
BACKGROUND: On November 1, 1990, the Board of Directors considered a request by
W. Douglas Lomow for consent to the sale of a 50 percent ownership interest in Orinda-Moraga
Disposal Service, Inc. (franchisee) to Robert M. Sliepka. In the course of the Board's
deliberation, it was indicated by Mr. Sliepka that he was purchasing a 50 percent interest in the
franchisee from the Navone family, and not from Mr. Lomow. The Board sought to obtain
clarification as to whether the purchaser of the franchisee was Mr. Lomow, or Mr. Lomow and
Mr. Sliepka, with equal ownership interests. The parties to the sale transaction were requested
to provide written clarification to the Board for its consideration at the November 15, 1990
Board Meeting.
The written clarification requested has been submitted in a letter provided as Attachment I. In
the letter, the parties to the sale provide the following information:
. The original intent of Mr. Lomow, as indicated in previous correspondence and statements
transmitted to the Board, was to purchase 100 percent of the franchisee, with the
possible sale by him of up to 50 percent to others. Mr. Lomow decided to sell a 50
percent interest to Mr. Sliepka.
. Due to delays in finalizing the sale between Mr. Lomow and the Navone family, it was
subsequently determined that the sale should be made by the Navone family directly to
Mr. Lomow and Mr. Sliepka, with each owning 50 percent of the franchisee.
. The terms of the sale agreement draft, which was reviewed by District staff, remain
unchanged except for the insertion of Mr. Sliepka as a co-buyer of the franchisee.
District staff will review the final sale agreement upon completion of the ownership change. If
the Board consents to the ownership change, Mr. Lomow and Mr. Sliepka should be advised by
letter that its consent should not be interpreted as ratification of the information submitted by
Mr. Lomow and Mr. Sliepka in connection with the sale of the franchisee, nor should assent to
any alteration of the obligations contained in the franchise agreement be inferred.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
fV1c
1302A-9/85
t)l~'f~IN ADDITIONAL INFORMATION TO CONSIDER A
REQUEST FOR CONSENT TO THE SALE OF A 50 PERCENT
INTEREST IN ORINDA-MORAGA DISPOSAL SERVICE, INC.
TO ROBERT M. SLlEPKA
POSITION PAPER
PAGE 2 OF 2
DATE
November 6, 1990
RECOMMENDATION: District staff recommends that the Board of Directors approve the request
for consent to the sale of an equal 50 percent ownership interest in the Orinda-Moraga Disposal
Service, Inc. by the Navone family to W. Douglas Lomow and Robert M. Sliepka.
ADS/Position Paper#3/50percen.pp
1302B-9/85
ATTACHMENT I
W. Douglas Lomow
2133 W. Boise Ave.
Boise, Idaho
83706
November 6, 1990
Mr. N. Carlson, President
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Re: Request to sell 50% of Orinda Moraga
Disposal Service to Robert M. Sliepka
Dear Mr. President and Board Members:
At the request of staff, this letter is to clarify the transaction captioned
above, as follows:
In September, Doug Lomow made the decision, in the interests of
all parties, to sell exactly half of his interest in Orinda Mor-
aga to Bob Sliepka;
For a number of reasons our originally contemplated closing was
delayed through September. With this occurence, counsel suggested
that we could streamline the transaction by having Bob become a
direct participant with Doug in the stock purchase from the Navones.
Such documentation was then prepared. All of the terms and conditions
of the stock sales agreement reviewed by CCCSD staff have otherwise
remained the same.
In early October all documents were signed, and all funds and docu-
ments were placed into escrow, where they remain, pending your
approval of this request.
In keeping with the Position Paper of October 25, 1990, we would request
that you approve this request at your next Board Meeting.
We would also wish to confirm that for all Operational and Day-to-Day
matters, the company contact will be George Navone. On all Rate and
Policy matters, the company contact will be Doug Lomow.
We trust that this is satisfactory.
consideration.
Thank you for you;-/Ci: -operation and
I
~n~erelY' c~;t _ ~~
W. ~omow G~NaVOne
W. Douglas Lomow
2133 W. Boise Ave.
Boise, Idaho
83706
November 14, 1990
Mr. N. Carlson, President
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, Ca. 94553
Re: Request to sell 50% of Orinda/Moraga
Disposal Service to Robert M. Sliepka
Dear Mr. President and Board Members:
Pursuant to my telephone discussion of today's date with Mr. Funasaki,
I regret that neither Mr. Sliepka nor I will be able to attend the Board's
November 15th meeting, due to previous commitments.
At the same time, your approval of this matter at the meeting of the 15th
is very important. We would ask that you act positively on this matter
at that time. If there are any questions, Mr. Navone will be in
attendance and both Mr. Sliepka and I will be available by telephone
from 3:30 p.m. to 5:00 p.m. PST at (208) 362-1222.
Thank you for your co-operation and consideration.
Sincerely,
/~
---
~~Q
//
W. Doug omow
cc: Ms. J. Murphy
Mr. W. Funasaki
Mr. G. Navone
Mr. R. Sliepka
.
Centra. ~ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
21
PAGE 1 OF
POSITION PAPER
BOARD MEETING OF
SUBJECT
NO.
6.
PERSONNEL a.
DATE
DENY THE APPEAL OF EMPLOYEES' ASSOCIATION, PUBLIC
EMPLOYEES' UNION, LOCAL NO.1. REGARDING THE RULE
OF FOUR. IN ACCORDANCE WITH ARBITRATOR'S
RECOMMENDATION
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT./DIV.
Paul Morsen, Deputy General Manager
Administrative
ISSUE: In accordance with the Grievance Procedure in the current Memorandum of
Understanding between the District and the Central Contra Costa Sanitary District Employees'
Association, Public Employees' Local No.1, the Board of Directors may adopt, reject, or modify
the recommendation of an appointed neutral third party (arbitrator) in appealed grievances.
BACKGROUND: On February 15, 1990, the Board directed staff to secure the services of an
arbitrator to determine if the District had improperly applied the terms of the M.O.U., Article III,
Section 10.1, Rule of Four, on two occasions during 1989. Section 10.1 states," Employees
may compete in a promotional examination process if there are four(4) or more qualified in-house
candidates. . ." The Union grieved that the language dictated the following conclusions:
· Employees who compete in a promotional examination need only take the exam;
they should not be required to pass the test. The District must select from among
all in-house candidates regardless of their ability to successfully compete;
· The District is unilaterally implementing language on the Rule of Four that was
rejected during the last contract negotiations; and
· Because the Union objected to the results of two recent examinations, the
District's past practice, which requires the passing of an examination(s) for
inclusion on an eligibility list, is invalid.
Franklin Silver, Esq. was selected as the arbitrator from a list submitted by the State of California
Mediation and Conciliation Service. The arbitrator's decision is attached. Mr. Silver ruled on the
issue of whether the Rule of Four requires the District to promote candidates if there are four
individuals currently employed who are minimally qualified. On page 20 of his Opinion, Mr.
Silver states his award as: 1) Article III, Section 10.1 of the M.O.U. does not require the
District to promote a District employee if there are four or more employees who are minimally
qualified; and 2) The grievance is denied.
RECOMMENDATION: Deny and dismiss the appeal of the Employees' Association, Public
Employees' Union, Local No. 1 as the final action of the District.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
M
"
IN ARBITRATION PROCEEDINGS
PURSUANT TO AGREEMENT BETWEEN THE PARTIES
In the Matter of a Controversy
between
CENTRAL CONTRA COSTA SANITARY
DISTRICT,
Employer,
OPINION AND AWARD
and
FRANKLIN SILVER,
ARBITRATOR
CENTRAL CONTRA COSTA SANITARY
DISTRICT EMPLOYEES' ASSOCIATION,
PUBLIC EMPLOYEES UNION, LOCAL
ONE,
October 29, 1990
Union.
RE: Rule of Four grievance
This dispute arises under the Memorandum of Understanding
between the parties, pursuant to which this Arbitrator was
selected to hear the evidence and issue an advisory decision.
A hearing was conducted on June 4, 1990 in Oakland, Califor-
nia, at which time the parties had the opportunity to examine
and cross-examine witnesses and to present relevant evidence.
Both parties submitted closing briefs, and the matter was
submitted as of October 1, 1990.
1
. ,
APPEARANCES:
On behalf of the Union:
Anne Mueller, Business Agent
Public Employees Union, Local 1
P.O. Box 222
Martinez, CA 94553
On behalf of the Employer:
Gerald R. Lucey and Denise M. Karr
Corbett & Kane
2000 Powell Street, Suite 1450
Emeryville, CA 94608
ISSUE1
Does Article III, Section 10.1 of the parties' MOU require
the District to promote an individual if there are four
individuals currently employed who are minimally qualified?
PERTINENT PROVISIONS OF THE MOU AND DISTRICT REGULATIONS
The MOU:
Article I. Section 2. Manaaement and Union Riahts
2.2 District Rights: The rights of the District
include, but are not limited to, the exclusive right
to . . . determine the procedures and standards of
selection for employment and promotion . . . ;
provided, however, that the exercise of such District
rights shall not conflict with the express provisions
of this memorandum.
Article III. Section 2. Grievance Procedure
2.3 Matters Subject to Grievance: Any complaint an
employee has concerning the interpretation or
application of rules, regulations, policies, or
procedures governing personnel practices, working
conditions, wages, hours, and other terms and
conditions of employment.
2.4 Matters Not Subject to Grievance: The Dis-
1 The issue has been formulated by the Arbitrator from
proposed issues submitted by the parties.
2
. .
trict's policies, rules, and regulations as such.
Article III. section 10. Examination Procedures
10.1 Rule of Four: When an opening occurs for a
position which is not included in the Personnel
Advancement POlicy, employees may compete in a
promotional examination process for the open position
if there are four (4) or more qualified in-house
candidates and the candidate selection process meets
Affirmative Action Guidelines.
When there are not sufficient qualified District
employees who apply for a position, the vacancy shall
be filled on an open-competitive basis. Any District
employee who meets the minimum qualifications of an
open position may apply for that position.
District Regulations:
4.16.010 Examinations. A. Except for those Board-
appointed positions . . . the District shall hold an
examination(s) to establish an eligibility list for
appointments to each class of position to be filled.
* * *
C. Examinations are categorized as follows:
1. Personnel Advancement Examination(s). * * *
2. Promotional examinations. * * *
3. Open examinations. If the position(s) cannot be
filled using the examination categories set out in
subsections C(l) and (2) of this section, examinations
shall be held on an open basis.
4.16.020 Grounds for disaualification. The District.
after examination may disqualify an applicant. . . on any
of the following grounds:
* * *
B. That the applicant does not successfully pass
each part of the examination procedure; . . .
4.16.030 Aooeal in case of disaualification. If an
applicant is disqualified as provided under Section
4.16.020, the applicant may appeal to the Board... . .
4.16.040 Gradinq standards. To qualify for appointment,
an applicant must pass each part of an examination. . . .
4.16.080 Apoointments.
* * *
B. The District shall make all other staff level
appointments from the appropriate District eligibility
list. The appointment may be offered to one of the three
3
. .._--~--
, . ~.
candidates having current highest standing on the
eligibility list. If a current eligibility list has less
than three candidates remaining on the list, appointment
may be offered to the remaining one or two eligible
candidates or the list may be abolished. . . .
FACTS
A. Procedural backaround.
The current grievance was filed on December 11, 1989 to
obtain an interpretation of article III, section 10.1 (Rule of
Four), and it requested as a remedy that the District cease and
desist from the practice of eliminating qualified in-house
candidates from competition for vacant positions when there are
four or more such candidates (see Jt. Ex. 2). Although this
grievance did not protest a specific action by the District, it
was filed following two previous disputes concerning promo-
tionalexaminations which had not resulted in conclusive
interpretations of section 10.1.
The grievance immediately preceding the current grievance
was filed on September 11, 1989, and it involved a pump
station operator promotional examination. In that case, seven
District employees who met the minimum qualifications applied
for the vacancy and were given an in-house promotional exam
pursuant to section 10.1. All of the seven applicants failed
the promotional exam, and the District thereafter opened the
examination to the public. A grievance was filed as a result
of the disqualification of the seven applicants, but the
grievance was disallowed on the grounds of timeliness. Some of
the original District applicants took the open examination and
4
passed it, and the position was ultimately awarded to one of
the District employees.
The other prior grievance involved an associate engineer
vacancy. Four District employees meeting the minimum qualifi-
cations applied for the examination, but only one of them,
Thomas Cheng, passed. The District then posted an open
examination, resulting in a grievance on behalf of Cheng filed
December 9, 1988. Following a grievance hearing, the District
offered the position to Cheng but under conditions by which the
District preserved its position that it had the right to
abolish an eligibility list with two or fewer candidates (Un.
Ex. 2). The Union, on the other hand, continued to take the
position that opening the examination when there were four
employees who met the minimum qualifications violated section
10.1.
B. Neqotiatinq historv.
The two witnesses on negotiating history were David Platt
and Gerald Lucey. Platt is the Union's assistant business
manager and has been the primary spokesperson for the Union at
all negotiations since 1981, which was the first set of
negotiations after the Union was certified as the exclusive
representative. Several business agents have been assigned to
the day-to-day administration of the MOU since 1981, and they
have worked under Platt's supervision. On occasion, such as
the Cheng grievance, Platt has had direct discussions with
District management concerning contract administration.
5
Lucey's law firm has represented the District since 1980, and
Lucey has functioned as the District's labor counsel since that
time. He was the District's chief spokesperson in 1985 and
1988 negotiations. Paul Morsen, the District's assistant
general manager, was chief spokesperson in 1981. Lucey is not
involved in the day-to-day management of the District unless
consulted.
Platt testified that the rule of four provision first came
out of the District policies and into the MOU during the 1981
negotiations,2 at which time the Union succeeded in changing it
from a rule of five to a rule of four in return for the
District's absolute right to conduct an open examination if
there is an insufficient number of "qualified District
employees" who apply for a position. Platt testified he did
not learn that the District interpreted section 10.1 to allow
the disqualification of minimally qualified District applicants
through the examination process, allowing the District to open
the examination to the public, until the 1988 negotiations.
In 1988, the Union initially proposed changing the rule of
four to a rule of one. At the following negotiating session,
the District presented its initial proposals, which included a
proposed modification of the language of section 10.1 making
the rule of four applicable if there were four or more
2 In addition to negotiations for MOUs, on several
occasions the Union and the District have met and conferred
about the District regulations governing examinations and
3ppointments (Tr. 69).
6
qu~lified in~ouse candidates "who apply, are tested, and pass
the testing process.,,3 According to Platt, the District
explained the proposal on the basis that many employees applied
for positions but did not take the test, and the District
wanted to require that everyone who applied take the test and
that at least four passed it (Tr. 12). Lucey testified that
there were several reasons for the proposal: There was a
problem of employees signing up and then not taking the test,
and in addition, the District wanted a larger pool of qualified
applicants in order to supply superior candidates and to meet
equal employment opportunity standards. Lucey initially
testified that his understanding of the past practice was that
if four District employees met the minimum qualifications and
applied for the test, only one actually had to take and pass
the test and the District would be required to promote that
individual (Tr. 39, 52). He later testified that this was
incorrect, and that if two or fewer applicants passed the test,
the general manager could invalidate eligibility list under the
District rules (Tr. 57). It is clear, however, that the
District's proposal was to allow the District to conduct an
open examination if at least four employee applicants did not
take and pass the in-house examination.
The Union strenuously opposed the District's proposal
throughout negotiations. The Union modified its proposal from
3 The District orally amended its rule of four proposal
to make it a rule of five, in response to the Union's proposal
for a rule of one.
7
a rule of one to a rule of three, and according to Lucey-this
was explained to mean that only one of the three needed to take
and pass the examination. The District withdrew its oral
proposal for a rule of five, but continued to insist that four
applicants should be required to take and pass the examination.
At one point the District offered to compromise by keeping the
rule of four, but with the department manager's right to
invalidate the test of three or fewer passed the test. Prior
to the final session, the Union dropped its proposal in favor
of the existing language. At the final negotiating session,
Platt identified four key, non-economic issues which needed to
be resolved. One of those issues was the rule of four, and
Lucey's contemporaneous notes reflect that Platt stated this
was an extremely serious issue and the Union would not allow
employees to vote on management's proposal. The notes show
Platt saying that this was a "bullshit issue," that the
District had the right to have qualified people, but that the
existing language did not lower standards and "if one passes
that's enough." (Tr. 46; Er. Ex. 4.) Following Platt's
comments, the District caucused for over an hour and agreed to
drop its rule of four proposal in favor of the existing
language.
c. Past oractice.
The District's personnel officer, Catherine Radin-Freitas,
testified that the District maintains files on all examina-
tions, both promotional and open, and that there have been 61
8
promotions since 1981, when the Union negotiated its first MOU.
From her review of the files, she determined that no one has
been promoted in this time period without passing a promotional
test. In addition, she testified that when employees take a
test but do not pass it they are sent a letter informing them
that they have not passed. As in the case of the pump station
operator applicants, if the District determines it will conduct
an open examination, the employees who failed are informed that
they can re-apply for the open examination.
POSITIONS OF THE PARTIES
The Union
The Union argues that whenever the word "qualified" is
used in section 10.1., it means "minimally qualified." Platt's
interpretation of the language should be given great weight, in
view of his role as the Union's chief spokesperson since the
first MOU. Thus, the first paragraph of section 10.1 addresses
the process if there are four or more minimally qualified
candidates, while the second paragraph controls if there are
fewer than four minimally qualified candidates. The District's
position that four candidates must pass an examination is
inconsistent with the history of the most recent negotiations,
when the District's proposal to that effect was rejected by the
Union. The Union has never agreed that any number of can-
didates must pass the examination.
There is no past practice which would allow elimination of
minimally qualified applicants. Platt was unaware of the
9
District's interpretation that it could eliminate minimally
qualified candidates until the most recent negotiations, and
the Union denied at that time that the District's proposal
conformed with past practice. The first violation of which the
Union was aware was the Tom Cheng grievance, and the second
violation was the pump station operator grievance. Neither of
these grievances resolved the contract interpretation issue.
Although Freitas testified that no individuals who failed an
examination have been promoted since 1981, she did not know how
many of the 61 examinations were changed to an open examination
due to fewer than four candidates passing the in-house
examination. Even if there was a past practice, that practice
was terminated when the District withdrew its proposal in favor
of the status quo.
Finally, the Union asserts that chapter 4.16 of the
District's regulations is superseded by the MOU. Article I,
section 2.2 of the MOU (District Rights) permits application of
the District's procedures for promotion only to the extent that
there is no conflict with the MOU. Chapter 4.16, however, is
in conflict with section 10.1, and the MOU was negotiated after
the adoption of chapter 4.16. Under the MOU, the only time the
District can nullify the internal promotion process is when
there are fewer than four minimally qualified candidates, and
this provision takes precedence over the conflicting provisions
of chapter 4.16.
For all of the above reasons, the Union argues that the
10
grievance should be sustained and t,h~ District should be
ordered to cease and desist from refusing to promote a District
employee when there are at least four minimally qualified
candidates.
The District
The District argues that MOU article III, section 10.1 is
not contrary to nor an exception to chapter 4.16 of the
District's regulations, and that those regulations provide that
before any applicant may be qualified for appointment, the
applicant must pass each part of the examination. section 10.1
merely permits District employees to "compete in a promotional
examination process" if four or more minimally qualified
employees apply for the opening. The rule of four, by its
terms, specifies who may apply and participate in the promo-
tional examination process, and chapter 4.16 governs the
process itself. Thus, the two provisions are complementary in
nature and designed to be applied in harmony.
While the Union presented no evidence of a past practice
which would support its position, the District's evidence is
that in all 61 examinations since 1982, the District has
applied the rule of four in conjunction with the requirements
of chapter 4.16. The Union has presented testimony as to its
"position" that part of the testing procedure is the probation-
ary period, but this does not constitute evidence of a past
practice. In addition, the 1988 negotiating history es-
tablishes that the Union acknowledged that at least one
11
candidate must past the examination, as demonstrated by Platt's
statements at the final negotiating session. All proposals to
change the rule of four were dropped in the negotiations,
maintaining the status quo that at least two candidates are
required to pass the examination.
The District has consistently applied chapter 4.16 to the
examination process since 1981, when the rule of four was
removed from the District regulations and placed in the MOU.
In addition, the District and the Union have met and conferred
with regard to its promotional procedures, and the Union has
agreed to those procedures. Because the history of the MOU,
the District regulations, the past practice, and statements
made during negotiations do not support the Union's position,
the grievance should be denied.
DISCUSSION
Article III, section 10.1 provides in pertinent part as
follows:
"When an opening occurs for a position . . . ,
employees may compete in a promotional examination process
for the open position if there are four (4) or more
qualified in-house candidates. . . .
"When there are not sufficient qualified District
employees who apply for a position, the vacancy shall be
filled on an open-competitive basis. .. "
In interpreting this language, the Union asserts that the
use of the word "qualified" means "minimally qualified," and
that only if there are not four minimally qualified District
employees is the District authorized to conduct an open
~v~mination. The Union is correct on the first point, i.e.
12
that "qualified" in section 10.1 means "minimally qualified."
with respect to the first paragraph, the parties agree that the
District is required to conduct a closed, promotional examina-
tion if there are four minimally qualified District employees
who apply. Under normal rules of contract interpretation, the
term should have the same meaning in the second paragraph as in
the first paragraph, and this is consistent with the syntax of
opening sentence of the second paragraph. Since that sentence
refers to qualified employees who apply for a position, and
since only minimum qualifications can be determined at the time
of application, the intended reference is to minimally
qualified District employees.
Therefore, section 10.1 provides that if there are four or
more minimally qualified in-house candidates, those employees
"may compete in a promotional examination process," and if
there are fewer than four minimally qualified District
employees, "the vacancy shall be filled on an open-competitive
basis." The question remains whether the District is precluded
by this interpretation of section 10.1 from disqualifying some
or all of the four in-house candidates and then giving an open
examination. The Union argues, in effect, that because
section 10.1 authorizes a promotional examination when there
are four minimally qualified District employees and an open
examination when there are fewer than four minimally qualified
District employees, that the two examination processes are
mutually exclusive. That is not, however, exactly what section
13
10.~ says. While the first paragraph provides that four
minimally qualified District employees may compete in a
promotional examination, it does not say that some or all of
the employees may not be disqualified in the examination. And
while the second paragraph provides that if there are fewer
than four minimally qualified District employees, the vacancy
will be filled through an open examination, it does not say
that this is the only time an open examination may be given.
Therefore, section 10.1 does not explicitly address whether
District employees may be disqualified in a promotional
examination, allowing the District to then give an open
examination.
Platt testified that section 10.1 was taken from the
District's regulations in 1981 and inserted in the MOU,
changing in the process the rule of five to the rule of four.
The rule of five or four, however, never established all
aspects of the examination process, and there is no negotiating
history to suggest that the parties intended section 10.1 to
entirely supplant District regulations governing examinations.
In fact, other provisions of the MOU recognize the continued
application of these regulations. For instance, article I,
section 2.2 (District Rights) recognizes the District's right
to "determine the procedures and standards of selection for
employment and promotion" so long as this does not conflict
with other provisions of the MOU. In addition, the grievance
procedure, in sections 2.3 and 2.4, makes the interpretation or
14
application of District rules and regulationsu_subject to_the
grievance procedure, while excluding from the grievance
procedure the substance of the regulations.4 Thus, the MOU
itself recognizes that the regulations continue to operate in
areas not controlled by specific provisions of the MOU.
As previously discussed, section 10.1 on its face does not
say that District employees may not be disqualified in a
promotional examination nor that an open examination may only
be given when there fewer than four minimally qualified
District employees. Since section 10.1 originated in the
District regulations, it is logical that other regulations
would address these issues. In fact, chapter 4.16 provides, in
sections 020 and 040, that an applicant may be disqualified
from appearing on an eligibility list and cannot qualify for
appointment if he or she has failed any portion of the
examination. 5 Section 010(C) provides the authority to
conduct an open examination if a position cannot be filed
through a promotional examination. Therefore, these sections
of the regulations address issues which are not addressed in
section 10.1, and on their face they provide the authority for
4 On the other hand, the evidence is that the Union has
met and conferred with the District over the substance of the
regulations governing examinations.
5 Significantly, an applicant who is disqualified may
appeal the disqualification under either section 2.3 of the
grievance procedure or section 4.16.030 of the regulations.
Apparently, none of the applicants who were disqualified in the
two examinations leading to this grievance filed such an
appeal.
15
the District to disqualify minimally qualified employees who
fail a promotional examination, and to conduct an open
examination if the position cannot be filled through a
promotional examination because no employee taking the
examination qualified, i.e. the situation in the pump station
operator grievance.
The Union argues, however, that as a result of the 1988
negotiations, section 10.1 must be interpreted to require the
promotion of a District employee whenever four minimally
qualified employees apply for the examination whether or not
any employees pass the examination. The District's proposal in
those negotiations was that the rule of four would apply if
there were four in-house candidates "who apply, are tested, and
pass the testing process." Both Platt and Lucey testified that
one of the expressed reasons for the proposal was to address
the problem of employees applying for the test and then not
taking it. Lucey testified in addition that the proposal was
intended to broaden the pool of qualified applicants for
operational and EEO purposes. The proposal was clearly
intended to increase to four the number of District employees
who would be required to pass the examination, and in dropping
the proposal the District agreed to restore the status quo,
which was, at a minimum, that to qualify for appointment a
candidate must take and pass an examination.6
6 Although the Union was not aware of any instances prior
to the Cheng grievance when the District failed to promote an
e~ployee following a rule of four promotional examination, the
16
The Union also argues that in negotiations the District
stated that its proposal was intended to conform with past
practice, and that in dropping the proposal the District
terminated in such past practice. The testimony as to what was
said in negotiations on this point failed, however, to provide
the context of the statement concerning past practice (Tr. 12).
Certainly, the District may have referred to a past practice of
disqualifying employees in the examination. The point of the
proposal, however, was to increase to four the number of
employees who would be required to take and pass the test, and
it seems unlikely that the District would have claimed that to
have been a past practice. The District does not now claim
that there was ever a practice of requiring four employees to
pass the test, nor was that the claim in either the Cheng
grievance or the pump station operator grievance, when the
District relied on its regulation allowing the abolition of a
list with fewer than three candidates. Therefore, the only
demand which was abandoned in negotiations was the demand that
at least four employees take and pass a promotional examina-
tion.
The above discussion addresses the issue as posed by both
the Union and the District in this case. The Union's issue was
stated more broadly, and it must be answered in the negative:
Section 10.1 does not require the District to promote an
evidence is that in the 61 examinations since 1982, no one has
~pen hired or promoted without first passing an examination.
17
employee if there are four current employees who are minimally
qualified. If none of the employees pass the examination, as
in the pump station operator grievance, none of them qualify
for appointment and the District is authorized to conduct an
open examination.
While in general arbitration is not designed to address
issues which are not necessary to the decision, the posture of
this case makes it appropriate to consider in addition the
situation when fewer than three employees pass the examination,
i.e. the situation in the Cheng grievance. That case poses a
much closer question. In stating its intention to conduct an
open examination, District management relied on regulation
4.16.080, which provides that if an eligibility list has fewer
than three candidates, the District has the discretion either
to offer the appointment to one of the two remaining candidates
or to abolish the list. As previously discussed, MOU section
10.1 authorizes an open examination when there are fewer than
four minimally qualified employees who apply, and regulation
010 authorizes an open examination when the position "cannot be
filled" using a promotional examination. When there are fewer
than three qualified candidates on an eligibility list,
however, the position can be filled because regulation 080
gives the discretion either to appoint one of the candidates or
to abolish the list. Therefore, neither the MOU nor the
regulations provides express authority to conduct an open
examination in this situation, and other evidence of the
18
parties' intent is necessary to answer this .question.
The evidence is not entirely clear whether the District
asserted in the 1988 negotiations that it had the right under
the regulations to conduct an open examination if fewer than
three employees passed the promotional examination, but the
District ultimately dropped its proposal that four employees
must pass the test when Platt made it clear that the Union
would fight that proposal and that the District's concern for
maintaining standards would be protected so long as one
employee passed the test. Therefore, in dropping this
proposal, the District agreed to restore the status quo, which,
at least in Platt's mind, was that only one employee was
required to pass the promotional examination.7 Since in
dropping its proposal, the District apparently did not assert
that at least three employees must pass the examination, this
negotiating history is susceptible to an interpretation that
the parties mutually recognized that only one employee must
pass the examination before the District would be precluded
from abolishing the list and conducting an open examination.
In summary, the MOU recognizes that the District's
regulations governing examinations apply so long as they are
not in conflict with the MOU. The regulations provide,
7 Platt testified that prior to the Cheng grievance the
Union had not been aware of any instances when the rule of
four, as interpreted by the Union, had been violated, and no
evidence was presented of any prior situation since the Union
negotiated its first MOU in which a promotional examination had
been disallowed and an open examination conducted.
19
tI
consistently with the MOU, that an employee must pass an
examination in order to qualify for an appointment and that if
the position cannot be filled through a promotional examination
the District may conduct an open examination. Therefore, the
precise issue posed by this grievance must be answered in the
negative.
AWARD
Article III, section 10.1 of the MOU does not require the
District to promote a District employee if there are four or
more employees who are minimally qualified. The grievance is
denied.
Dated: October 29, 1990
-:i?~~
Franklin Silver, Arbitrator
20
.
Centra =ontra Costa Sanitar} )istrict
BOARD OF DIRECTORS
POSITION
BOARD MEETING OF
November 1, 1990
PAPER
S~6tHORIZE THE AWARD OF CONTRACT TO NORTHERN
INDUSTRIAL CONSTRUCTION INC. FOR THE INSTALLATION
OF A DUPLEX STRAINER FOR FURNACE NO. 2, MULTIPLE
HEARTH FURNACE OPERATION IMPROVEMENTS PROJECT,
DISTRICT PROJECT NO. 10060
SUBMITTED BY
Ba T. Than
Assistant En ineer
INITIATING DEPT./DIV.
Plant 0 erations De artment
PAGE 1 OF
NO.
3. BIDS AND AWARDS a.
DATE October 24, 1990
TYPE OF ACTION
AUTHORIZE AWARD
ISSUE: On October 17, 1990, sealed bids for the installation of a duplex strainer for the Furnace
No.2, Multiple Hearth Furnace Operation Improvements Project, District Project No. 10060,
were received and publicly opened. The Board of Directors must award the contract to the
lowest responsible bidder or reject bids within 30 days of the opening date.
BACKGROUND: The Multiple Hearth Furnace (MHF) Operation Improvements project provides
modifications to improve the MHF installations and to bring the facilities to the state of current
technology. In Stage 5A, Phase I, of the Treatment Plant Expansion project, one Hellan
motorized strainer was installed to provide clean No.3 water to the wet scrubber system. One
phase of this project is to install a back-up duplex strainer for the furnaces. This will allow the
furnace to remain in operation while maintenance and repair work is performed on the strainers.
The Plant Operations Department (POD) staff has selected and pre-purchased two Hellan
strainers and their associated control panels.
Installation of back-up strainer for Furnace No. 1 was completed in July 1990. Plans and
specifications to install the duplex strainer for Furnace No.2 were completed by the POD staff
and were publicly advertised on October 1, 1990, and October 6, 1990. Three bids were
received and opened on October 17, 1990. A tabulation of the bids is shown in Attachment I.
An evaluation of the bids, conducted by the POD and Purchasing Section staff, concluded that
the lowest responsible bidder is Northern Industrial Construction, Inc., with a bid price of
$15,000. The additional funding required to complete this phase of the project is estimated to
be $20,900, as shown in Attachment II. The Engineer's estimate was $20,000.
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2. Since it
involves a minor alteration of the treatment plant's existing furnace operation, no expansion of
use would occur beyond that previously existing.
RECOMMENDATION: Authorize award of the construction contract in the amount of $15,000,
for installation of a duplex strainer for Furnace No.2, Multiple Hearth Furnace Operation
Improvement Project, District Project No.1 0060, to Northern Industrial Construction, Inc. as the
lowest responsible bidder.
INITIATING DEPT./DIV.
BI'
PflA
1302A-9/85
BTT
ARG
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ATTACHMENT II
INSTAllATION OF DUPLEX STRAINER FOR FURNACE NO.2
MULTIPLE HEARTH FURNACE OPERATION IMPROVEMENTS PROJECT
DISTRICT PROJECT NO. 10060
Post-Bid/Preconstruction Estimate
PERCENT
ITEM CONSTRUCTION
ITEM DESCRIPTION AMOUNT TOTAL CONTRACT
1 Construction Contract $15,000
2 Estimated Construction 3,000
Contingencies at 20 percent
3 Subtotal 18,000 100
4 Estimated Construction
Incidentals to Project Completion:
. Inspection $1,500
. Contract Management 800
. As-Built Drawings 600
5 Subtotal 2,900 16
6 Total Estimated Construction
Cost 20,900
.
Central Contra Costa Sanitary LJistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
November 1, 1990
NO
4.
CONSENT CALENDAR a.
SUBJECT
DATE
October 23, 1990
AUTHORIZATION FOR P.A. 90-13 (MARTINEZ)
TO BE INCLUDED IN A FUTURE FORMAL
ANNEXATION TO THE DISTRICT
TYPE OF ACTION
ACCEPT ANNEXATION
FOR PROCESSING
SU~T1ffi.Et; Hall
Associate Engineer
INITIA TI~'rriIEf~r ing Department
Construction Division
Parcel Area Owner Address
No. Parcel No. & Acreage
90-13 Martinez Edmond Gilbert
4990 Alhambra Avenue
Martinez CA 94553
366-140-006 (Portion)
7.65 Acres
Remarks
Lead
Agency
Future subdivision
7274 consisting of
15 single family
house. The city of
Martinez has
prepared a Negative
Declaration.
Martinez
RECOMMENDATION:
annexation.
Authorize P.A. 90-13 to be included in a future formal
REVIEWED AND RECOMMENDED FOR BOARD ACTION
nO~A 9,8',
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PROPOSED ANNEXATION
P.A. 90-13
.
Central Contra Costa Sanitary Oistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
NO
November 1, 1990 4. CONSENT CALENDAR b.
SUBJECT
DATE
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH
WALTER F. STRAUSS, ET UX, JOB 4065, MORAGA AREA
October 26 1 990
TYPE OF ACTION
APPROVE REAL
SUBMITTED BY
INITIATING DEPT 'DIV
Dennis Hall, Associate Engineer
Engineering Dept./Construction Div.
ISSUE: The property owner has requested the District's approval to allow encroachment of three
wooden retaining walls, a drainage pipe, four raised garden beds, and a potting arbor with
concrete slab floor over and within two District easements.
BACKGROUND: Most of the proposed improvements will cross the 1 O-foot wide easement area
at right angles, with a minimum vertical clearance of six feet to the ductile iron sewer main. A
2-foot high wooden retaining wall with a 30-inch high metal fence on its top will be installed
along the northern edge of the 15-foot wide easement that crosses the property. The Strausses
will also install a 1 2-foot removable section in the ornamental fence which will be along the east
property line. The property owner has cooperated with District staff and has paid the District's
fee for processing the subject agreement.
Staff has determined that the improvements will not interfere with the present use of our sewer;
however, if the need should arise, the agreement requires the property owner to move the
improvements at his/her expense within 30 days of notice to do so.
This project (the proposed agreement) has been evaluated by staff and determined to be exempt
from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section
18.6, since it involves a minor alteration in land use limitations.
RECOMMENDATION: Approve the Agreement relating to Real Property with Walter F. Strauss,
et ux, Job 4065, and authorize the President of the Board of Directors and the Secretary of the
District to execute said agreement, and authorize the agreement to be recorded.
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I:J02A 9'8',
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\;---
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RETA\N\NG NCE ON TOP
30" \RON fE EN"
EASEtA
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----
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~~~ REMOVABLE SECTION IN
~ ORNAMENTAL IRON FENCE
POTTING ARBOR WITH CONCRETE FLOOR
10' SEWER EASEMENT
RAISED WOODEN PLANTERS
--
/
/
/
/
REAL PROPERTY AGREEMENT
Job 4065 - Parcel 2
Moraga Area
.
Central Contra Costa Sanitary lJistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
November 1, 1 990
NO
4.
CONSENT CALENDAR c.
SUBJECT
DATE
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH
FRANK S. TZENG, ET UX, JOB 4382, ALAMO AREA
October 26 1 990
TYPE OF ACTION
APPROVE REAL
SUBMITTED BY
INITIATING DEPT !DIV
Dennis Hall, Associate Engineer
Engineering Dept.lConstruction Div.
ISSUE: The property owner has requested the District's approval to allow encroachment of a
concrete pool deck over a District easement.
BACKGROUND: The proposed pool deck will be constructed within a portion of the existing 10-
foot wide sewer easement within the Tzeng's property. The encroachment will taper from 0 to
8 feet maximum over a distance of 50 feet. The existing eight inch A.B.S. sewer pipe, which
was constructed in 1988, is approximately eight feet deep. The property owner has cooperated
with District staff by providing construction drawings of the pool deck and has paid the District's
fee for processing the subject agreement.
Staff has determined that the improvements will not interfere with the present use of our sewer;
however, if the need should arise, the agreement requires the property owner to move the pool
deck at his/her expense within 30 days of notice to do so.
This project (the proposed agreement) has been evaluated by staff and determined to be exempt
from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section
18.6, since it involves a minor alteration in land use limitations.
RECOMMENDATION: Approve the Agreement relating to Real Property with Frank S. Tzeng, et
ux, Job 4382, and authorize the President of the Board of Directors and the Secretary of the
District to execute said agreement, and authorize the agreement to be recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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JOSRTY AGREmENT
4382
ALAMO AREA
.
Central Contra Costa Sanitary Oistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
November 1, 1990
NO
4.
CONSENT CALENDAR d.
SUBJECT
DATE
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH
JAMES S. WALLACE, ET UX, JOB 2343, MARTINEZ AREA
October 26 1 990
TYPE OF ACTION
APPROVE REAL
PROPERTY AGREEMENT
SUBMITTED BY
INITIATING DEPTDIV
Dennis Hall, Associate Engineer
EngineeringDepartment/Construction Division
ISSUE: The property owner has requested the District's approval to allow encroachment of two
retaining walls over a District easement.
BACKGROUND: The proposed walls will cross the easement area at right angles, with a
minimum vertical clearance of seven feet from the existing eight inch asbestos cement pipe
sewer main. The posts which support the retaining wall will be four feet clear (horizontally) of
the sewer pipe. The property owner has cooperated with District staff by providing construction
drawings of the retaining wall and has paid the District's fee for processing the subject
agreement.
Staff has determined that the improvements will not interfere with the present use of our sewer;
however, if the need should arise, the agreement requires the property owner to move the wall
at his/her expense within 30 days of notice to do so.
This project (the proposed agreement) has been evaluated by staff and determined to be exempt
from the California Environmental Quality Act (CEQA) under District CEOA Guidelines Section
18.6, since it involves a minor alteration in land use limitations.
RECOMMENDATION: Approve the Agreement relating to Real Property with James S. Wallace,
et ux, Job 2343, and authorize the President of the Board of Directors and the Secretary of the
District to execute said agreement, and authorize the agreement to be recorded.
110~A 9 8', 0 H
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REVIEWED AND RECOMMENDED FOR BOARD ACTION
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INITIA TING DEPT iDlV
STORM DRAIN.
& SAN. SEWER
EASEMENT
~
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LOT 21
PA.FikDA.l..e
PI..A.ZA. .
~ - ------ --d
LOT 23
SUBD.4456
REAL PROPERTY AGREEMENT
JOB 2343
I MARTINEZ AREA
.
Central Contra Costa Sanitary Oistrict
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
November 1, 1 990
NO.
4. CONSENT CALENDAR e.
SUBJECT
DATE
ACCEPT THE CONTRACT WORK FOR THE DEWATERING SYSTEM
IMPROVEMENTS PROJECT (DP 3791) AND AUTHORIZE THE
FILING OF THE NOTICE OF COMPLETION
October 26 1 990
TYPE OF ACTION
ACCEPT CONTRACT
WORK
SUBMITTED BY
INITIATING DEPTDIV
Munawar Husain, Associate Engineer
Engineering Department/Construction Division
ISSUE: Construction has been completed on the Dewatering System Improvements Project (D.P.
3791) and the work is now ready for acceptance.
BACKGROUND: Four new District-furnished sludge dewatering centrifuges were installed under
this project together with facilities to convey dewatered sludge to the multiple hearth furnaces.
Modifications were also made to auxiliary facilities such as odor control, polymer feed, and
sludge blending systems. This project is described in more detail in the 1990-91 Capital
Improvement Budget, pages TP-28 and TP-29. Attachment A is a location map for the subject
project.
The contract was awarded to the lowest responsible bidder, Dillingham Construction N.A. Inc.,
on March 3, 1988. The contractor was issued a Notice to Proceed on April 25, 1988. The
original contract completion date was January 15, 1990. The District began using the new
centrifuges in the spring of 1990 and substantial completion of punch list items occurred in
October, 1990. Negotiations are currently underway with the contractor to resolve the District's
assessment of liquidated damages and the contractor's claim for additional compensation for
extended overhead costs due to alleged District-caused project delays. The District has retained
sufficient contract funds to cover the liquidated damages which have been assessed.
It is appropriate to accept the contract work at this time. The total money allocated to this
project from the Capital Improvement Budget is $10,689,447. The estimated cost of the
pre purchased centrifuges is $1,430,000. The estimated cost of the design and installation of
the dewatering system improvements is $9,200,000. A detailed accounting of the project costs
will be provided to the Board at the time of project close out.
RECOMMENDATION: Accept the contract work for the Dewatering System Improvements
Project (D.P. 3791) and authorize the filing of the Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
U()~A 9.8',
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Central Contra Costa
Sanitary District
DEWATERING SYSTEM IMPROVEMENTS
(DP 3791)
Attchment
A
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
I
,
PAGE 1 OF
POSITION PAPER
BOARD MEETING OF
November 1, 1990 5~
SU~ffNSIDER A REQUEST BY W. DOUGLAS LOMOW FOR
CONSENT TO THE SALE OF A 50 PERCENT INTEREST
IN ORINDA-MORAGA DISPOSAL SERVICE, INC. TO
ROBERT M. SLlEPKA
DATE
SOLID WASTE a.
October 25, 1990
TYPE OF ACTION
CONSIDER OWNER-
SHIP CHANGE
SUBMITTED BY
Walter N. Funasaki, Finance Officer
INITIATING DEPT/DIV
Administrative/Finance & Accounting
ISSUE: A reQuest for the consent of the District to the sale of a 50 percent interest in Orinda-
Moraga Disposal Service, Inc. has been submitted by W. Douglas Lomow.
BACKGROUND: On May 31, 1990, the Board of Directors determined that the assignment of
the rights under the franchise agreement with Orinda-Moraga Disposal Service, Inc. (franchisee)
to W. Douglas Lomow should be approved. The Board's approval was officially made by
Resolution No. 90-068 on June 8, 1990 with a number of provisos, including the following:
"W. Douglas Lomow agrees that any transfer of any ownership of the newly formed
company, or any part thereof, to an entity or persons other than Mr. Lomow and his
immediate family shall reQuire an additional approval by the District Board of Directors. II
In a letter dated October 5, 1990 and received in the District offices on October 11, 1990, W.
Douglas Lomow reQuested the consent of the Board of Directors to the sale of a one-half interest
in Orinda-Moraga Disposal Service, Inc. The sale of 50 percent of the issued common stock of
the franchisee is to be made to Robert M. Sliepka, and would result in an eQual ownership
interest by Mr. Lomow and Mr. Sliepka. Upon completion of the sale, Mr. Sliepka will become
Chairman of the Board of Directors of the franchisee, and Mr. Lomow would continue in his
current capacity as President.
The same reQuest for information used in processing Mr. Lomow's earlier reQuest for the
assignment of the franchise has been completed by Mr. Sliepka. Additionally, the responses
originally submitted by Mr. Lomow on a copy of the franchise agreement, which provided
affirmation as to each section having been read and understood, have been endorsed by Mr.
SHepka, without exceptions; therefore, Mr. Sliepka also endorses the Qualifying comments
inserted by Mr. Lomow regarding Paragraphs 9, 10, and 29 of the franchise agreement. Copies
of these documents submitted on behalf of Mr. Sliepka have been provided to the Board of
Directors at an earlier date.
District staff and District Counsel have reviewed the information submitted to enable
consideration of the reQuest for the Board's consent to a change in the ownership structure of
the franchisee. Our review has not disclosed any operational or legal objections to the ownership
change.
/
REVIEWED AND RECO MENDED FOR BOARD ACTION
1302A-9/85
WF
PM
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. {'1&:- /"
Si:'Ci~SIDER A REQUEST BY W. DOUGLAS lOMOW FOR
CONSENT TO THE SALE OF A 50 PERCENT INTEREST
IN ORINDA-MORAGA DISPOSAL SERVICE, INC. TO
ROBERT M. SlIEPKA
POSITION PAPER
PAGE 2 OF 2
DATE
October 25, 1990
If the Board consents to the ownership change, Mr. lomow and Mr. Sliepka should be advised
by letter that its consent should not be interpreted as ratification of the information submitted
by Mr. Sliepka, nor should assent to any alteration of the obligations contained in the franchise
agreement be inferred.
RECOMMENDATION: District staff recommends that the Board of Directors renders its consent
to the sale of 50 percent of the common stock of Orinda-Moraga Disposal Service, Inc. by W.
Douglas lomow to Robert M. Sliepka.
O-MSale.PP
13028-9/85
.
Centre. -,.Contra Costa Sanitar).listrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
November 1, 1990
NO.
6. ENGINEERING a.
SUBJECT
DATE
ACCEPT GRANT OF EASEMENT FROM PRIVATE PROPERTY
OWNER FOR DISTRICT PROJECT 4539 PARCEL NO.1
IN WALNUT CREEK AT A TOTAL COST TO THE
DISTRICT OF $17,699
October 26, 1990
TYPE OF ACTION
ACCEPT GRANT
OF EASEMENT
SUBMITTED BY R I L.m.
ey . I JOco
Senior Engineering Assistant
INITIATING DEPT/DI~ngineering Department
Engineering Division
ISSUE: The Board of Directors' approval is required for accepting one (1) Grant of Easement.
BACKGROUND: The Arlene Drive Sewer Improvement Project consists of replacing
approximately 3,200 feet of existing 6- and 8-inch sewer mains in Arlene Drive between
Newell Avenue and Orchard Lane in Walnut Creek. These existing sewers have insufficient
capacity under wet weather conditions and have numerous maintenance problems. The
subject easement is one (1) of five (5) parcels required for construction of the project. Two
easement parcels have been acquired earlier and two more need to be acquired. The new
easements will accommodate a revised sewer alignment which will facilitate maintenance
efforts.
The District's agent, Associated Right-of-Way Services, negotiated the granting of the
easement, and staff recommends acceptance of this easement by the Board. Easement
Parcel No. 1 is being granted by Charles and Frances Murray at a cost of $17,699.
Sufficient funds are available in the budget for the Arlene Drive Sewer Improvement Project
for the purchase of this easement.
The District filed a Notice of Exemption under the District's California Environmental Quality
Act (CEQA) for the project on May 5, 1989. The Arlene Drive Sewer Improvement Project
is described in the 1990-91 Capital Improvement Budget (pg. CS-19).
RECOMMENDATION: Authorize the President of the District Board of Directors and the
Secretary of the District to accept the Grant of Easement for District Project 4539, Parcel',
at a total cost to the District of $17,699 and authorize the Grant of Easement to be
recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT/DIV.
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1302A-9/85 ~IL
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Page 2 of 2
SANITARY SEWER EASEMENT
If" 005
,6-4 - z
'71,.019
18~-~
ZII- 006
184 .
",tile
o~,\I(.
Arlene Dr. Sewer Improvement
DP 4539
PARCEL 1
184-211-007
MURRAY
2523.9 '66
.
Centre. Contra Costa Sanitar) .listrict
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION
PAPER
BOARD MEETING OF
November 1, 1990
NO.
6.
ENGINEERING b.
SUBJECT
ACCEPT GRANT OF EASEMENTS FROM PRIVATE PROPERTY
OWNERS FOR DISTRICT PROJECT 4654, PARCEL NO.3 IN
WALNUT CREEK AND PARCELS NO. 13 AND 14 IN CONTRA
COSTA COUNTY AT A COST OF $88,925
DATE
October 26, 1990
TYPE OF ACTION
ACCEPT GRANT
OF EASEMENTS
SUBMITTED BY
Rey I. Limjoco
Senior Engineering Assistant
INITIATING DEPT./DIV.
Engineering Department
Engineering Division
ISSUE: The Board's approval is required for accepting three (3) Grants of Easement.
BACKGROUND: Fourteen (14) easement parcels are required for construction of DP 4654,
1680/SR24 Sewer Relocations, Phase II. Three (3) of these parcels are being acquired by the
District and the remaining eleven (11) parcels are being acquired by Caltrans for the District.
The project consists of relocating approximately 10,700 feet of existing main and trunk
sewers ranging in size from 6 inches to 66 inches in diameter at fourteen (14) different sites
within the 1680/SR24 corridor between Walnut Creek and Pleasant Hill to accommodate
Caltrans' freeway widening and interchange modifications. This project is now under
construction.
To meet Caltrans' schedule, Associated Right-of-Way Services, Inc. (ARWS), the District's
agent, obtained Permits to Enter and Construct for the subject parcels before construction
commenced. ARWS has negotiated the subsequent granting of the permanent easements
for these three (3) parcels and staff recommends acceptance of the easements by the Board.
Easement Parcel No.3 is being granted by The Villas of Walnut Creek I Homeowners'
Association at a cost of $28,500. Easement Parcels No. 13 and No. 14 are being granted
by Homart Development Company at a cost of $60,425 for the two (2) parcels. Total cost
for the three (3) parcels is $88,925. All costs associated with Caltrans' portion of the
relocation project will be reimbursed, including the cost of acquisition of the subject
easements. The District filed a Notice of Exemption under District California Environmental
Quality Act (CEQA) guidelines for the project on October 23, 1989. The 1680/SR24 Sewer
Relocations Project is described in the 1990-91 Capital Improvement Budget (pg. CS-30).
RECOMMENDATION: Authorize the President of the District Board of Directors and the
Secretary of the District to accept the Grants of Easement for District Project 4654,
Parcels 3, 13, and 14 at a total cost to the District of $88,925, and authorize the Grant of
Easements to be recorded.
INITIATING DEPT./DIV.
MMENDED FOR BOARD ACTION
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SITE
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SANITARY SEWER EASEMENT
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THE VILLAS OF WALNUT CREEK
HOMEOWNERS ASSOCIATION
(CCI.R'S 1277e O.R. 299)
I REC. $0 .. 4]
I I AEC. 21S .. 1
(l!!J "ROPOSEO EASEMENT
1680/SR24
Sewer Relocations, Phase II
DP 4654
Page 2 of 3
G
PARCEL 3
THE VILLAS
. .. 12971 O.R. 595
~ !'c:i:r."'-~" 38',' AVE
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I I Z~ I HOMART DE:~.CO .~ I ;: l... 0 \
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Page 3 of 3
SITE
10' SANITARY SEWER
EASEMENT
, - 680 FWY.
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1680/SR24
Sewer Relocations, Phase II
DP 4654
PARCELS
13 & 14
HOMART
.
Centrt. Contra Costa Sanitar) ~istrict
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION PAPER BOARD MEETING OF
November 1, 1 990
SUBJA'UTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO
ALLOCATE $64,000 FROM COLLECTION SYSTEM PROGRAM
CONTINGENCY ACCOUNT FOR COMPLETION OF DIRECTIONAL
DRILLING DEMONSTRATION PROJECT, DISTRICT PROJECT
NO. 4293
NO.
6. ENGINEERING c.
DATE
October 29 1990
TYPE OF ACTION
ALLOCATE FUNDS
SUB"W"T1;DjY .
I ad . Pilecki
Senior Engineer
INITIATI.f::jG D.EPT./DLV
tnglneenng Department
Engineering Division
ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer
to allocate additional construction funds in excess of 15 percent of the Board approved final
project budget.
BACKGROUND: The Board of Directors, at its August 24, 1989 meeting, authorized the
General Manager-Chief Engineer to enter into a lump sum contract for a demonstration
project with FlowMole Corporation to install 6- and 8-inch sewer utilizing an innovative
trenchless boring technology. Two of the three project elements covered by the August 24,
1989, position paper have been successfully installed.
The District is now ready to proceed with the installation of the third and final project
element, a 450-foot sewer in Foye Drive, Lafayette. To complete the Foye Drive sewer, an
additional $64,000 is needed. Attachment 1 provides a detailed budget breakdown for the
additional items. The additional funding will pay for new scope items (connection of laterals,
field verification, and debeading equipment) and the additional cost associated with replacing
Collection System Operations Department (CSOD) construction staff with contractor forces.
Originally, FlowMole Corporation was to provide directional drilling and pulling of new pipe
and CSOD was to connect laterals, dig pits, supply material, and restore project sites.
Because of the project schedule and CSOD staffing limitations, CSOD will be unable to
provide construction support services for the third element of the demonstration project.
FlowMole Corporation will now be providing these services through the use of a
subcontractor.
In the present instance subcontracting will avoid increased costs due to potential delay of
FlowMole Corporation; it will allow District staff to further evaluate the suitability of the
directional drilling process; and it will allow the District to finish the Hall Drive Project during
the next construction season.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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1302A-9/85
SUBJE~IJTHORIZE SUBCONTRACTING OF WORK ON
DIRECTIONAL DRILLING DEMONSTRATION
PROJECT (DP4293) AND AUTHORIZE GENERAL MANAGER-
CHIEF ENGINEER TO ALLOCATE $64,000 FROM
COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT
POSITION PAPER
PAGE
2
OF
3
DATE
October 29, 1990
The first two demonstration sites allowed the District to evaluate the feasibility of utilizing
the directional drilling process for 6-inch gravity sewer installations. The Foye Drive
Demonstration site will test the ability of the directional drilling equipment to install an 8-inch
diameter sewer main, which is the District's normal minimum size. In addition, field
ev~luations will be conducted to determine the ability of the directional drilling process to
maintain design line and grade. If the Foye Drive Project is successful, the FlowMole
technology will be utilized on several upcoming District projects. A description of the project
can be found in the 1990-91 CIB starting on Page CS-68.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to allocate $64,000
from the Collection System Program Contingency Account.
13028-9/85
Page 3 of 3
ATTACHMENT I
DEMONSTRATION PROJECT
BUDGET SUMMARY
Access Pits, Manholes, Material, Pipe 1
Assembly, Site Restoration
25,000
Debeader (Joint Smoothing) Equipment
Extend and Connect Side Sewer Laterals 1
5,000
13,000
Field Verification
(Survey, Potholing, Soils, Engr)
8,000
Additional Field Services Required
on First Two Sites
1 3.000
Subtotal
64,000
Previous Budget Allocated to Project
134.200
TOTAL PROJECT COST
198.200
1 Work to be performed by Subcontractor
ceo
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
November 1, 1990
NO.
1.
PERSONNEL a.
October 25, 1990
SUBJECT
DENY APPEAL OF SUSPENSION BY WAYNE MASTEN,
PLANT OPERATOR II, IN ACCORDANCE WITH
ARBITRATOR'S RECOMMENDATION
DATE
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT IDIV
Paul Morsen, Deputy General Manager
Administrative
ISSUE: In accordance with the Grievance Procedure in the current Memorandum of
Understanding between the District and the Central Contra Costa Sanitary District Employees'
Association, Public Employees' Local No.1, the Board of Directors may adopt, reject, or modify
the recommendation of an appointed neutral third party (arbitrator) in appealed disciplinary
matters.
BACKGROUND: Following progressive discipline, Mr. Wayne Masten, Plant Operator II, was
suspended for two days without pay and one day held in abeyance for one year. If there were
no repeat violations during the one year, the remaining one day of suspension would be
withdrawn. He was suspended for failure to perform his duties as a Plant Operator II and
misconduct. Mr. Masten appealed his suspension to the Board in accordance with the
Memorandum of Understanding between the parties. The Board authorized the selection of an
arbitrator to hear the appeal and make a recommendation to the Board for their consideration.
Mr. Mathew Goldberg, Esq., served as the arbitrator and was selected from a list submitted by
the State of California Mediation and Conciliation Service. The arbitrator's decision has been
distributed to the Board under separate cover. He ruled on the issue of whether the District had
just cause for suspending Mr. Masten and, if not, what the remedy should be. In his opinion,
Mr. Goldberg states his recommendation as: 1) deny the grievance, and 2) uphold Mr. Masten's
suspension.
The Secretary of the District notified Mr. Masten on October 16, 1990, that this issue would be
on the Board's November 1, 1990, agenda. He was invited to attend if he desired.
RECOMMENDATION: Deny and dismiss the appeal of Mr. Wayne Masten, Plant Operator II, as
the final action of the District.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
uiTIATING Df?hL
1302A-9/85