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HomeMy WebLinkAbout08.a. Consider request to allow trees to remain within District easementsCentral Contra Costa Sanitary District BOARD OF DIRECTORS 'Q'' POSITION PAPER Board Meeting Date: January 26, 2012 subject: REQUEST BY THE WALDEN DISTRICT IMPROVEMENT ASSOCIATION TO ALLOW TREES IN EASEMENTS WITHIN THE IRON HORSE CORRIDOR Submitted By: Initiating Dept. /Div.: Rick Hernandez, Senior Right of Way Agent Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Hernandez P. Seitz k J. Mi moto -Mills A. Farrell J e Kelly General Manager ISSUE: The Walden District Improvement Association (WDIA) has asked for permission to allow approximately 30 existing trees to remain within District easements. Staff has denied this request and WDIA has asked the Board to consider this matter. RECOMMENDATION: Deny the request by WDIA to allow seedlings or volunteer trees to remain within District easements within the Iron Horse Corridor (IHC). FINANCIAL IMPACTS: In 1985, the District spent approximately $5.4 million to acquire easements along the former Southern Pacific Railroad right of way to accommodate existing and future pipelines. If the Board were to grant WDIA's request, additional maintenance of existing sewers may be required due to potential root intrusion, and additional costs may be incurred to remove and mitigate the loss of trees when sewer repair or new construction is needed. ALTERNATIVES /CONSIDERATIONS: District Code (7.15.060 - B) prohibits trees, which are classified as Class Two encroachments, within District easements. The Board may grant or deny exceptions to this provision. BACKGROUND: Contra Costa County has developed a program to manage the use and development of the Iron Horse Corridor. As part of the program, the County notifies the District when proposed improvements or developments within the IHC have the potential to impact District facilities or District right of way. If such potential exists, the County will forward design plans to District staff for review. The District has maintained a consistent and clear policy of not permitting trees as shown in the correspondence to the County (Attachments 1 & 2). Recent IHC landscaping plans near the Walden Greens neighborhood in Walnut Creek (Attachment 3) proposed allowing new trees to be planted and existing seedlings or volunteer trees to remain within District easements. The seedlings are in an area of the easement that would eventually obstruct access for the proposed A -Line Relief Interceptor Project and possibly interfere with maintenance access to existing sewers. Staff asked the County to revise the plans so that the easements would remain clear of N: \ENVRSEC \Position Papers \Hernandez R\2012 \1- 26 -12 \PP IHC Trees in Trails Rev Final 1- 18- 12.doc Page 1 of 2 POSITION PAPER Board Meeting Date: January 26, 2012 Subject: REQUEST BY THE WALDEN DISTRICT IMPROVEMENT ASSOCIATION TO ALLOW TREES IN EASEMENTS WITHIN THE IRON HORSE CORRIDOR trees. The County complied with this request and changed the plans, removing or relocating the proposed trees to an area outside the District's easements. Subsequent to the County revising the plans, residents near the IHC objected to the removal of the existing seedlings from District easements. The WDIA is representing these residents in making requests to the County and the District to permit trees within the subject easements. There currently exist a number of mature trees along the edges of the easement and the IHC right of way. Trees along the edge of easements that contain deep sewers (as is the case with these existing trees) tend to be less problematic and are generally not removed or trimmed unless they interfere with a renovation project, obstruct maintenance operations, or begin to adversely impact the sewer. A typical section of the IHC and District facilities is shown on Attachment 4 which is an aerial map of the IHC. Attachment 5 includes photographs of the IHC at different locations. Occasionally, when trees are removed during a construction project, the District is required by a permitting agency to replace them in an area outside the easement. If the subject seedlings were allowed to remain within the IHC easements until construction of the proposed A -Line Relief Interceptor, they would be larger and more difficult to remove at that time. Additionally, permitting agencies could enact more stringent Heritage Oak tree removal policies over time. WDIA raised questions (Attachment 6) regarding the need for the proposed A -Line Relief Interceptor Project. These were addressed by staff in a letter to the president of WDIA, dated November 17, 2011 (Attachment 7). RECOMMENDED BOARD ACTION: Deny the request by the Walden District Improvement Association to allow existing tree seedlings or volunteer trees to remain within District easements along the Iron Horse Corridor. N: \ENVRSEC \Position Papers \Hernandez R\2012 \1- 26 -12 \PP IHC Trees in Trails Rev Final 1- 18- 12.doc Page 2 of 2 ATTACHMENT 1 Central Contra Costa Sanitary District October 11, 1999 Julia R. Bueren Assistant Public Works Director Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Dear Ms. Bueren: j, FAX: (925) 229-4624 �p1p1112,3 S, �► e C-W r Buns �4b� N N R®C�IV@d Cowin for w N&kv M25) 95&I' o r av 1 0fbd0rf '" Ems: '�+' MME K AO Rrxr S—WY of& aft"a � ��Z[Z9Z V Thank you for the opportunity to comment upon the Administrative Draft of the Landscape Element of the Iron Horse Corridor Management Program. As you know, Central Contra Costa Sanitary District has a history of supporting public usage of the Iron Horse Corridor. The District would like to make the following comments regarding its easement: • No trees or driplines are permitted within the easement. • Pull access must be maintained for maintenance crews. • Any actual landscape project will require a profile plan (three sets to scale) for review. • A 42 -inch sewer and twin 24 -inch forcemains are planned for construction from Greenbrook Drive in Danville south, for a distance of 4.5 miles beginning in 2003. • No benches, drinking fountains or any structures are allowed in our easement, so that maintenance work is not impaired. • Restroom facilities and drinking fountains cannot be plumbed to the interceptor line in the easement. • Water service lines for drinking fountains cannot cross the interceptor line. In the northern portion of the corridor, between Monument Boulevard and Ygnacio Valley Road, the District has a long range plan to construct a recycled water line. This would be an excellent and cost effective source of irrigation water for landscaping. Construction is currently scheduled for 2015 -2019, in order to take advantage of cost savings afforded by joint construction with the A -Line Relief Interceptor. If you have any questions, please call me at (925) 229 -7336. S' erely, /- U� v X L�� Curtis W. Swanson Environmental Services Division Manager CS:sm U:IADMIN\CS11HT -LTR. WPD ATTACHMENT 2 Central Contra Costa Sanitary District PHONE: (925) 228 -9500 FAX.- (925) 228 -4624 www. centralsan. ore May 25, 2011 Carrie Ricci Iron Horse Corridor Manager Contra Costa County 255 Glacier Drive Martinez, CA 94553 -4825 Dear Ms. Ricci: WALDEN GREEN LANDSCAPING PLAN PHASE II — 60% DESIGN REVIEW COMMENTS JAMES M. KELLY General Manager KENTONL. ALM Counsel for the District (510) 808 -2000 ELAINE R. BOEHME Secretary of the District Thank you for the opportunity to comment on the proposed landscaping plan for Walden Green Phase II. Based on the plans submitted to Central Contra Costa Sanitary District ( CCCSD), dated April 4, 2011, we are providing you the following design comments: 1. Landscaping irrigation mains must be kept out of the CCCSD easement. The plans appear to show a 3 -inch diameter main within the CCCSD easement. Irrigation laterals are acceptable at this location; however, CCCSD may require these to be removed during future construction projects. 2. Trees or drip lines are not permitted within the CCCSD easement. CCCSD is proposing to construct a new pipeline within the existing easement and new trees will impair access to the easement. 3. Volunteer trees, as shown on the plans, are not acceptable and must be removed as part of the proposed landscaping project. Please feel free to contact me at (925) 229 -7132, or rhern and (�centralsan.orq, if you have any questions or need additional information regarding these comments. Sincerely, Ricardo Hernandez x Senior Right of Way Agent RH /nap cc: S. Gronlund, CCCSD J. Miyamoto - Mills, CCCSD NARight -of -Way \Iron Horse Corridor (IHC) \IHC Sites \MR 2010 -095 Mayhew -Las Juntas Landscaping \Walden Green Comment Letter to County 5 -25 -11 RH.doe ® Recycled Paper ATTACHMENT 3 Fflay }}hew •Way c� p a ludEli - -Dr i 1titi '' a 7T= Oak�Park -8 Q ant Valley Via deb o �►, �'a� _ 1�. A t " U6 - IRON HORSE CORRIDOR Walden Greens Area `' 1�ieasant�,� Sun Hilt - - {_ !1 r � �cr td -- - + ; . Tre Blvd. t i 'i i' rrea, j Pioneer -4 AWL, J, V w = 2nd Ave -.a Walden 'Park _. 3rd( Ave -- Walden-Rd= _l 7. r / ATTACHMENT 4 Iron Horse Corridor and Jones Road ATTACHMENT 5 Typical View of Iron Horse Corridor Manhole Covers Along Trail Typical Tree Seedling or Volunteer Tree T �._ �,� .... ..K. yam• •:: % "�! _;• Landscaped Section of Iron Horse Corridor ATTACHMENT 6 Walden District Improvement Association October 18, 2011 James Nejedly Board of Directors Central Contra Costa Sanitary District Via Email: Jim.Nejedly @garaventaent.com RE: Trees on Iron Horse Corridor within the Central Sanitary District Easement Dear Mr. Nejedly: Walden District Improvement Association has been asked by County Public Works to remove caged trees from the Iron Horse Corridor. The County previously approved protection of these trees without realizing they were within a CCCSD easement. We feel the request is not reasonable for the reasons outlined in the following document. We are asking the County Board of Supervisors through their Transportation, Water and Infrastructure Committee to revise County tree policies to not require tree replacement along established easements. In our analysis of the reasons given for preventing tree establishment we raised questions about the proposed need for the A -Line expansion in the Walden area given unclear projections of increased infiltration and inflow, the likely decrease in wastewater generation at the household level through conservation, and the lack of consideration in utilizing upstream wastewater treatment plants for recycled water generation near the point of use. Clarification of the A -Line Relief Interceptor project and timing would be appreciated. I plan on attending the Central Sanitary District Board meeting on Thursday, October 20, to request that the Central Sanitary District not insist on the removal of volunteer trees along the Iron Horse Corridor at this time. Thank you for your interest in this matter. Sincerely, James R' Hunt, President 2632 Cherry Lane Walnut Creek, CA 94597 Email: hunta:ce.berkele,,.edu; phone: 925 4512761 cc: Iron Horse Corridor Advisory Committee, via Carrie Ricci Brian Amador, Chair, Contra Costa Centre Area Municipal Advisory Council Steven Goetz, Contra Costa County, Conservation and Development, staff support to TWIC October 18, 2011 Protecting Volunteer Trees in the Walden Area of the Iron Horse Corridor Walden District Improvement Association The Walden District Improvement Association has been representing the residents in the unincorporated area of Walnut Creek surrounding the Pleasant Hill/Contra Costa Centre BART station for over 50 years. We are engaged in efforts to improve the local environment for residents and workers, but have found our efforts have run up against a counter intuitive tree policy for the Iron Horse Corridor. This document is our attempt at a summary of the events leading up to the current situation along our section of the Iron Horse Corridor where volunteer, protected trees are scheduled for removal. The Iron Horse Corridor runs the length of Central Contra Costa County and is a unique resource for utilities, alternative transportation, and recreation. The former railroad right -of -way was by necessity barren, but with the acquisition by the County, the corridor is reverting back to the oak - savannah plant community that was present on the valley floor prior to settlement. Residents and citizen groups are active in encouraging this restoration to provide shade, privacy, and a more natural experience. The Walden District Improvement Association is actively protecting volunteer trees that have sprouted along the Iron Horse Corridor from Walden Road on the south to Mayhew Way on the north. Contra Costa County Public Works gave Walden and local citizens permission to install wire mesh cages around approximately 43 volunteer trees starting in 2003. Annually Walden members remove weeds around these trees so that county staff can safely mow the weeds in the corridor for fire protection. The protected trees were in designated areas that did not impinge upon the East Bay Regional Park District trail easement or the intended transportation corridor. This volunteer led effort was threatened in 2011, when County Public Works informed Walden that seven cages for volunteer trees must be removed between Coggins Road and Mayhew Way because they were in a Central Contra Costa Sanitary District (CCCSD) easement. Additional caged trees were identified as being in the CCCSD easement between Walden Road and Jones Road. Photo 1 is an example of a caged oak tree along the Iron Horse Trail that is within the Sanitary District's easement. Final maps are still being prepared that designate trees within the CCCSD easement that the Sanitary District wants removed. If these trees are removed, citizens and local organizations will be less likely to spend their time and effort in these restoration activities. The Iron Horse Corridor is crowded with multiple easements and sometimes conflicting needs. The Iron Horse Trail is a critical link for central county residents to commute and exercise while isolated from automobiles. With the opening of the pedestrian bridge over Treat Blvd., the trail's use has increased dramatically. The corridor has overhead electrical systems on both sides that require access for maintenance, and the need for electrical reliability restricts the height of trees that have grown up under the wires at the corridor boundaries. There is a high pressure fuel line and a fiber optical cable running down the west side of the corridor. The State Fire Marshall is placing additional requirements on Kinder Morgan, the fuel line operator, resulting in increased visual inspections and new restrictions on where trees can grow. Contra Costa Water District has a water line running part of the length of the corridor. CCCSD has two sewer lines running the length of this section of the corridor, generally located under the Iron Horse Trail or to the east next to the corridor boundary. It is clear why the corridor remains the preferred location for utilities because construction does not impact narrow residential streets or major highways and there are few streets to cross. Since the surface is generally soil, and restoration following construction is easy compared to streets and residential property. It is clear that historical commitments and revenue - generating activities within the corridor are in conflict with increased public utilization. Contra Costa County manages the Iron Horse Corridor with a manager and an advisory committee. This group has recommended policies for corridor use and landscaping. Because the County has a three- for -one native tree replacement policy, there is a stated aversion to letting trees become established on land designated for other uses, either in the near term or possibly far into the future. Tree replacement is problematic in the corridor since there is limited access to irrigation water, and weed removal by hand is necessary to protect trees from mechanical mowing. In addition, the County's tree replacement policy is selectively applied when dealing with itself and other governmental agencies. The Contra Costa Water District donated two blue oak trees, matched by two others donated by a local resident and placed at the intersection of the Iron Horse and Canal Trails. These trees were compensation for the removal of a large tree during pipeline installation. Local residents are watering and weeding around these trees during the initial years of establishment. As another example, Kinder Morgan provided a financial donation to the County when they removed some trees growing on top of the fuel line. The approved policy for the Iron Horse Corridor is to prevent the planting or sprouting of trees along utility easements. The stated reason for preventing tree establishment within easements is that the trees will interfere with maintenance operations and tree replacement will become an added financial burden during construction of new facilities. Maintenance crews have not hanned the caged trees in the Walden area because of their enhanced visibility using some caution tape and weed removal around the base. Preventing tree establishment in anticipation of a possible project within the easement is Iogical if the project is actually going to happen in the near term. A busway or light rail system within the transportation corridor is realistically decades away, and precluding native tree growth is unreasonable. If the County removed the tree replacement requirement for the transit corridor, would opposition to trees in the easement disappear? The Central Contra Costa Sanitary District contributed funds to acquire the railroad right of way and obtain an easement for expansion of their A -Line Interceptor sewer. CCCSD has been planning an A -Line Relief Interceptor since 1991 when an environmental impact report was approved. The need for the A -Line Relief Interceptor was based on the capacity needed to accommodate population growth and increased wet weather flows (Draft Environmental Impact Report, 1991, Table 14, page N -6). The vast majority of the increased flows is produced by wet weather infiltration and inflow and a minor amount from population growth. The 1991 Report stated that the areas contributing to sewer flows south of Treat Blvd were at over 90% of their maximum development with the exception of the San Ramon area. According to the report the current A -Line Interceptor would be at capacity in 2010. The report does not state why infiltration and inflow increases when the service area is not expanding. Stephanie Gronlund, a staff member at CCCSD, provided on 8/19/2011 a set of PowerPoint slides with updates to the proposed project. The Collection System Master Plan in 2010 estimated the existing A -Line Interceptor is estimated to be at capacity in 2020 and construction should start within 10 years. A Preliminary Design Report was completed in 2000, but that report was not reviewed. CCCSD opposition to tree establishment along their easement appears to be driven by their desire to avoid future expenses associated with the County's tree replacement policy. Historically railroad right -of -ways were the logical place for essential infrastructures above and below ground. With the transition of these rights -of -ways into new uses, conflicts arise that require some rethinking of priorities and policies. The Iron Horse Corridor within Central Contra Costa County has become a linear park, transit way, and utility corridor. Well over 15 million dollars of landscape and trail improvements have been invested to this end in the Walnut Creek area alone, including the pedestrian bridges over Ygnacio and Treat, Walden I, and soon Walden 11 landscaping. The role of trees within this system is confused and would benefit from a clarifying review, discussion and revision. Contact Information: James R. Hunt, President, Walden District Improvement Association Phone: 925 451 2761, email: hunt @ce.berkeley.edu Photo 1. Example of a caged oak tree along the Iron Horse Trail. Photo courtesy of Peter Duncan. ATTACHMENT 7 Central itary District PHONE: (925) 228 -9500 FAX, • (925) 228 -4624 wim centralsan. ore November 17, 2011 JAMESM. KELLY General Manager KENWN L. " Counsel for the District (510) 808 -2000 James R. Hunt, President Walden District Improvement Association ELAINE R BOEHME Secretary ofthe District 2632 Cherry Lane Walnut Creek, CA 94597 Dear Dr. Hunt, VOLUNTEER TREES IN THE IRON HORSE CORRIDOR WITHIN THE CENTRAL CONTRA COSTA SANITARY DISTRICT ( CCCSD) A -LINE INTERCEPTOR SEWER EASEMENT Thank you for your thoughtful letter and comments to our Board of Directors at their meeting on October 20, 2011. We also acknowledge that your organization has worked to protect volunteer trees along the Iron Horse Trail. Unfortunately, the easement where these trees have grown, which was acquired by CCCSD for existing sewers and future construction, must be protected for that use. CCCSD's principal mission is protection of public health and the environment through collection, treatment and disposal of the wastewater generated in central Contra Costa County. The need for a future A -Line Relief Interceptor (ALRI) sewer along our Iron Horse Corridor easement between Ygnacio Valley Road in Walnut Creek and Meridian Park Boulevard in Concord is based on application of our current wastewater capacity planning and design criteria. To preclude surcharging or wastewater overflow to the environment, CCCSD has selected a conservative design flow criteria for its largest interceptors; that is, at ultimate build -out of CCCSD's service area, these sewers shall convey a sewer flow event with a 20 -year return frequency. The most recent update of CCCSD's Collection System Master Plan (2010) indicates that the ALRI will ultimately be needed to convey this design flow. Though CCCSD's current plan for this needed project calls for design beginning in 2019, and construction to follow in 2022, the actual timing will be determined by simulating progressively larger sewer flow events (i.e., 5- year, 10 -year, 15 -year and 20 -year return frequency) for projected tributary areas, sewer condition and development levels in successive decades: i.e., for 2020, 2030 and 2040. While it is likely that per capita discharge of base wastewater (sanitary sewage) will decline somewhat due to water conservation, and it is possible that some wastewater may be diverted to satellite treatment for landscape irrigation reuse, the overwhelming majority of CCCSD's design flow is projected to be seasonal -high groundwater infiltration (GWI) and rainfall- induced inflow and infiltration (1 /1). You asked why CCCSD assumes that 1/1 will 9 Recycled'aper increase disproportionately to population growth. Drawing on work done for the East t f' Infiltrationlinflow Study conducted in the 1970s and 1980s, CCCSD adopted an 1/1 predi' ions;; model based on allowing increased 1/1 rates over time due to pipeline deterioration in various pipe materials for both existing and future sewers. Since pipeline renovation or replacement is cost effective only after a reasonable service life, 1/1 due to deterioration must be tolerated within the limits prescribed in our prediction model. This projected increase in 1/1 is unrelated to population growth. Once again, thank you for your comments and the opportunity to explain CCCSD's need to protect its easement rights in the Iron Horse Corridor for existing sewers and future sewer construction. We will calendar consideration of your request by the Board of Directors at either their January 12, 2012, or January 26, 2012 meeting. Since we understand that you wish to address the Board when they consider this issue, please let me know which of these dates would be most convenient for you. At the meeting, staff will recommend to the Board that the volunteer trees be removed in keeping with our District Code and past practice regarding the use of easements. If you have further questions or would like additional information, you may contact me at 925- 229 -7335, or by email: jm2e-centralsan.org. Sincerely, r4 Jarred Miyamoto- Mills Environmental Services Division Manager JM2:sdh cc: Carrie Ricci, Contra Costa County Iron Horse Corridor Coordinator N: IENVRSEC %dminUlyamoto- MillsXLetters%2011 \Trees -in- Trails 11- 17- 11.doc Page 2 of 2