HomeMy WebLinkAboutREAL ESTATE, ENVIRONMENTAL & PLANNING MINUTES 10-23-17Jl Central Contra Costa Sanitary District
- 5019 Imhoff Place, Martinez CA 94553-4392
REGULAR MEETING OF THE
CENTRAL CONTRA COSTA
SANITARY DISTRICT
REAL ESTATE, ENVIRONMENTAL
& PLANNING COMMITTEE
MINUTES
Monday, October 23, 2017
9:00 a.m.
2nd Floor Conference Room
5019 Imhoff Place
Martinez, California
CnmmittPP
Chair Paul Causey
Member Tad Pilecki
Guest:
Dr. Carolyn Phinney, AgLantis Executive Director (left after Item 3.a.)
BOARD OF DIRECTORS:
PAUL H CAUSEY
President
JAMES A. NEJEDLY
President Pro Tem
MICHAEL R. MCGILL
TAD J PILECKI
DAVID R. WILLIAMS
PHONE: (925) 228-9500
FAX.- (925) 676-7211
www.centralsan.org
Staff.
Roger S. Bailey, General Manager
Elaine R. Boehme, Secretary of the District
Ann Sasaki, Deputy General Manager
Phil Leiber, Director of Finance and Administration
Jean -Marc Petit, Director of Engineering and Technical Services
Danea Gemmell, Planning & Development Services Division Manager
Lori Schectel, Environmental and Regulatory Compliance Division Manager
Paul Seitz, Collection System Operations Division Manager
Donna Anderson, Assistant to the Secretary of the District
Lupe Saldana, Administrative Services Supervisor
Anika Doria, Administrative Assistant Temp
1. Call Meeting to Order
Chair Causey called the meeting to order at 9:00 a.m.
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 2
2. Public Comments
None.
3. Items for Committee Recommendation to Board
a. Receive estimated schedule and budget for CoCo San Sustainable Farm
AgLantis Executive Director Dr. Carolyn Phinney handed out a revised version
of the estimated schedule provided in the agenda packet materials for this item
(see attached). Dr. Phinney stated that she was not aware until Friday
afternoon that pressure and flow of recycled water to the property was not
sufficient to meet the Fire Department's requirements. Therefore, the schedule
was revised to extend dates on certain affected activities to allow time to
resolve the issue. She briefly described the status and issues for each of the
forty activities listed on the schedule and responded to questions and
comments from the Committee on the activities noted below.
In response to a question from Chair Causey regarding the unresolved
recycled water issue and whether it will affect the schedule for the first crops,
Dr. Phinney explained that the crops to be planted just before the rainy season
will not need recycled water as the crops will be watered by rainfall.
In response to a question from Chair Causey regarding the length of time
before mulch piles are spread, Dr. Phinney explained that the first pile placed
last year was wood chips, not mulch, and that it could not be spread quickly
due to the rain. She explained that wood chips are no longer accepted, that
the entity donating mulch spreads it within a week after delivery, and that
presently there are no piles of mulch on the property.
Dr. Phinney stated that Activity 4 (Recycled Water Points of Connection) and
Activity 5 (Irrigation Plan Resubmittal) are waiting on installation of fire
hydrants. She said that Activity 6 (Title 22 Permit) will be done sooner but the
date was pushed out to allow for completion of the fire hydrants.
Dr. Phinney stated that for Activity 7 (C0A#1 Updated Site Plan) the Condition
of Approval (COA) was completed last week and she displayed a copy at the
meeting (see attached).
In response to Chair Causey's comment regarding Activity 8 (COA#3
Compliance Application) that the County had rejected the first compliance
report submitted in 2016, Dr. Phinney stated she had no information regarding
that because Central San submitted the report. Later in the meeting
Ms. Gemmell added that Dr. Phinney had been included in developing the
compliance report and had paid a $500 deposit and submitted the application
for COA#3.
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 3
Chair Causey asked if Activity 9 (COA#4 Compliance Report Submittal) was
an annual report. Dr. Phinney explained that the County asked that the report
be submitted in packages to be assembled later. She said that once the water
problem is resolved another packet will be submitted and again before the
greenhouse is built. As such, it is not an annual report. She stated that the
date for Activity 9 (COA#4 Compliance Report Submittal) was extended to
October 1, 2020 to allow time for building the greenhouse.
In response to Chair Causey's inquiry on whether Activity 11 (COA#16 Trash
Enclosure Screening) required an enclosure now, Dr. Phinney explained that a
permanent enclosure is not required at this time and that she anticipates the
project will not produce a lot of trash, most likely a single can with a lid would
be needed and would not be visible from either road.
Chair Causey asked what the mention of "every three years" meant in
Activity 12 (COA#17 Absorbent Materials Onsite) because the milestone year
would be 2020 not 2017 as stated on the schedule. Dr. Phinney responded
she did not know and referred the response to Ms. Gemmell. Chair Causey
reminded Dr. Phinney that because this is an AgLantis project she or her
Project Manager are expected to respond to questions about the project
schedule, not staff.
In response to Chair Causey's concern that there is no date on Activity 13
(COA#21 Submit elevations of temp office 30 days prior to submittal of
building permit) even though many activities are dependent on the building
permit, Dr. Phinney clarified that the barn is not part of the project at this time.
It was included to avoid having to resubmit in the event funding for a barn were
to be available in the future.
Regarding Activity 14 (COA#23 30 -foot height limit; Submit elevations of all
buildings 30 days prior to building permit), Dr. Phinney explained that the
October 1, 2018 date is conservative, that she expects the greenhouse will be
built by spring or late summer, before the rainy season; she added that the
$50, 000 donation for it must be spent within two years.
Chair Causey commented that various dates have been moved out compared
to the dates in the schedule provided in the agenda materials. He noted that
the date for Activity 15 (COA#24 Submit elevation 30 days prior to submittal of
all building permits) was moved from February to October. Dr. Phinney
explained that activities with dates changed to October 1, 2018 were to allow
time to resolve the recycled water issue. Chair Causey asked why the water
issue affected Activity 15's milestone date. Dr. Phinney explained that the Fire
Department will not give approval until the water issue is resolved and nothing
can be built until then because the order of the approvals was set by the
County.
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 4
In response to Chair Causey's question regarding contact information on signs
for Activity #17 (COA#31 install temporary signs with BAA QMD rules),
Dr. Phinney explained that they are using temporary signs that are installed
and removed when work trucks start/stop. The signs have AgLantis contact
information on them.
Dr. Phinney explained that though there is an October date for Activity 18
(COA#32 Burrowing Owl Study 30 days before construction), walks on the site
will be ongoing even though they do not expect owls to burrow in highly
compacted soil.
Regarding Activity 19 (COA#34 Submit updated Geotechnical report), Member
Pilecki asked if the Flood Control District was asking for prior or post clean fill
information. Ms. Gemmell explained that the County would accept the original
Geotechnical report and the Soils Compaction report that was submitted for
the clean fill project grading permit. Additionally, a letter from the District would
be needed to certify that no additional digging or land movement has occurred
since last clean fill. Additionally, some excavation on the Kiewit property had
occurred during the clean fill project, but with respect to flood control levee
project that it is likely that new fill will be procured and stored on the District
portion of the property.
Chair Causey asked if the Geotechnical report included the foundation for the
greenhouse. Dr. Phinney said the greenhouse foundation was not big, that it
was just pillars foundation support; however, the Geotechnical report is not
complete until Ms. Gemmell writes the certification letter stating that there has
not been any disturbance to the soil in the area of the site and that the
previous Geotechnical report could be used. Ms. Gemmell said the Geotech
and grading were submitted and she will check the status of the written letter.
Regarding completion of Activity #22 (COA#35(e) install signage at Safety
Zone 2/4) and Activity #23 (COA#40 install signs w/noise control
requirements), Chair Causey noted he saw no signs installed. Dr. Phinney
explained that due to exposure to vandalism and the cost of the signs, the
signs are removable and during construction will be put up on Mondays and
taken down on Fridays, with no construction on weekends.
Dr. Phinney said that though Activity #25 (COA#46 Public Works - Submit
improvement plans) has been pushed out to February 2018, she expects it will
be completed in the next few weeks if the recycled water pressure issue is
resolved.
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 5
She commented that in her opinion resolving the Fire Department requirement
is an issue that Central San may need to address for the Concord Naval
Weapons Station property and for any future recycled water projects requiring
building permit approval.
Chair Causey asked if she has considered installing a pump to resolve the fire
flow requirement issue. Dr. Phinney explained various options were
considered but had not considered a pump and that she will ask Mike Milani of
Milani & Associates, who has volunteered the engineering and site
development work for the project. Ms. Gemmell added that the Central San
Engineer has been looking at the model to see what can be done but there is
no answer as of yet.
In response to Mr. Bailey's question about who is providing recycled water to
the neighboring property, County Quarry, Ms. Gemmell said Central San
provides it as there is not potable water supply on Imhoff. The recycled water
system was not designed for fire flow purposes. She does not know how they
(County Quarry) are providing fire protection to their operation.
Chair Causey asked if the Fire Marshall had considered a sprinkler system.
Dr. Phinney responded she did not believe it had because the greenhouse
combustibility is low, that the only wood is the kick plate, and everything else is
metal and Plexiglas.
Dr. Phinney noted that completion of Activities 26 through 31 are dependent
on resolution of the recycled water issue.
With regard to Activity #32 (Construct Access Road), Dr. Phinney stated she is
waiting to get more recycled asphalt on site and hopes to have it in the next
few weeks so that the road could be done over the Thanksgiving holiday.
Chair Causey asked why the road was not done sooner since Central San had
built the access road nine months ago. Dr. Phinney explained that recycled
asphalt was considered impervious which activated C.3 requirements.
Ms. Gemmell further explained that at the March 24, 2017 Public Works
meeting the County announced that they were going to consider the recycled
asphalt road to be impervious so the road needed to be redesigned in the
improvement plans to account for these storm water requirements.
Dr. Phinney noted that Activities 33 and 36 must be completed before
construction of the greenhouse can begin.
In response to Chair Causey's question regarding use of recycled asphalt in
the greenhouse, Dr. Phinney explained that recycled asphalt will be used for
the pad because of microbial issues with soil and with metal and because the
recycled asphalt is at no cost.
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 6
Regarding Activity 37 (Construct Greenhouse), Dr. Phinney said she hopes
that they will start building this spring but there exists the possibility that other
requirements could be added by the County. She set the milestone date to
December 31, 2019 because she estimates the as-builts will be done by then.
Dr. Phinney clarified that Activity 38 (COA#26 Submit as -built photos 30 days
after construction of all buildings) was set to January 2021 in case they build
the barn.
Regarding Activity #39 (Install irrigation for demonstration vegetables), Chair
Causey asked why it was indicated as not applicable on the schedule.
Dr. Phinney said this activity was not applicable because the first crops will be
watered by rainfall and no irrigation will be necessary.
Dr. Phinney explained, as stated above, that Activity #40 (Plant demonstration
vegetables) does not require water because the first crop to be planted in
Zone 4 will go in very soon with the first rains of the season. The crops will
be planted in either dry manure or mulch and will be irrigated solely with
rain water.
Dr. Phinney explained that the greenhouse will get recycled water and is
addressed in Activity #5 but that now the fire hydrants are in a different place
and the plans need to be altered.
Chair Causey stated that some of the performance requirements in the
Performance Agreement section of the lease agreement are not listed in the
schedule, such as developing a teaching plan curriculum, providing a teaching
facility and sustainable curriculum, completing a long-term Strategic Plan, and
submitting performance requirements for years 4, 5 and 6, which are subject to
Board approval. He said it appears as if the schedule was prepared without full
consideration of the lease agreement terms.
Chair Causey also stated that the prior Business Plan was inadequate and
requested that a new Business Plan be provided.
In response to Chair Causey's request for clarification on the timeline for
providing delivery of food to the School District, Dr. Phinney explained that
crops will be planted in the next couple of weeks and will be harvested in the
spring of 2018.
The Committee noted that several County Conditions of Approval were not
listed in the schedule, specifically of concern was COA #51 on the County's
land use permit and submission to Public Works of all easements. Dr. Phinney
explained that Mike Milani (farm's engineer) is handling that item and that it is
in the schedule as part of the other Public Works approval items.
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 7
Chair Causey said he was very troubled that the schedule was changed at the
last minute and commented that it demonstrates further how badly the project
has been managed to date. He stated that the Committee will accept this new
schedule but that Dr. Phinney needs to sign off on it instead of providing
reasons for changing it. He said he would like the AgLantis project manager to
meet with the Committee. Speaking on his own behalf, he said he is running
out of patience. If Dr. Phinney is now the manager, she needs to regularly
meet with the County.
Chair Causey stated that three years have elapsed and, in his opinion, the
Board may not continue to provide support for the project and may consider
ending it if vegetables are not produced as scheduled. He stated that
approximately $250,000 of District ratepayer funds has been expended so far
on the project, and he requested that staff stop providing support to AgLantis
effective immediately, stating that AgLantis should be self-supporting.
Discussion took place between the Committee and staff regarding:
reasons for changes to the schedule and delays in completing the project;
when Dr. Phinney was able to go onto the property, when Dr. Phinney took
charge of the project, and who was responsible for certain activities, etc. The
Committee and staff concurred that difficulty in meeting the County's
requirements, the County's preset order of approvals, gaining County
authorization to proceed, and unplanned requirements such as the fire flow
requirements, have all contributed to the project delays.
Member Pilecki said it appears that the County never gave the green light to
proceed with the project, so in his opinion the project is currently in Year 1.
He asked Ms. Gemmell if, given what has transpired and the discussion at this
meeting, AgLantis is in compliance with the lease agreement terms.
Ms. Gemmell reiterated what she reported to the Board on July 20, 2017, that
the situation is more like Year 1 now and a better estimation will most likely be
able to be given by the end of this calendar year.
The Committee instructed Dr. Phinney to incorporate the performance goals
stated in the lease agreement in the schedule and bring back the revised
schedule to the full Board on November 16, 2017, not the Committee.
Additionally, the Committee requested that an updated Business Plan be
prepared, as well as a quarterly report to the Committee commencing mid-
January 2018 which includes an updated schedule with explanation of any
variances/deviations from the schedule presented at this meeting and a one-
page financial summary that includes an "Actual" column for revenues and
donations received (including in-kind donations). There is no need for quarterly
presentations; a written report will suffice (updated schedule and progress on
tasks).
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 8
Dr. Phinney said the schedule she presented conforms with her beliefs.
Mr. Bailey confirmed that staff will facilitate obtaining the requested information
from Dr. Phinney in time for the item to be placed on the November 16, 2017
Board agenda.
The Committee informed Dr. Phinney that she needs to provide staff, via
Ms. Gemmell, her revised attachments on or before November 6 to be
included on the agenda for the November 16 Board meeting and that someone
from AgLantis should be present at the meeting to answer questions from the
Board. There will be no need for a presentation. Dr. Phinney indicated that she
would be available. The requested changes include:
Short summary overview of any updates or deviations to the budget and
schedule
• Budget document with "Actual" column for revenues and donations
received (including in-kind donations).
• Modified schedule with Lease terms added
o Updates to Business Plan
o Development of Teaching Plan Curriculum
o Goals submitted for produce donated to Schools/Food Bank
o Provide a teaching facility and start curriculum
o Long term Strategic Plan
o Performance Requirements for Years 4, 5 and 6
The Committee requested that a copy of the minutes of this meeting be
provided to Dr. Phinney.
Dr. Phinney thanked staff and the Committee and left the meeting.
COMMITTEE ACTION: Received the information and directed Dr. Phinney
bring back an amended schedule and budget to the Board at the
November 16, 2017 meeting.
4. Other Items
a. Receive information on Central San's records retention policy for sanitary
sewer overflow records subject to the Clean Water Act electronic reporting rule
Ms. Schectel reviewed the information in the agenda packet materials.
Chair Causey recommended that staff upload only the legally -required
documents and asked that staff obtain clarification from District Counsel on
Real Estate, Environmental & Planning Committee Minutes
October 23, 2017
Page 9
what must be uploaded to the California Integrated Water Quality System
Project (CIWQS) State Water Board website.
Chair Causey stated that he has noticed one agency uploads not only the full
report but also pictures, questions and copies of their notes, and expressed his
preference that Central San staff avoid uploading any record that is not
required to ensure the State does not retain it beyond the 5 -year Central San
retention period.
Mr. Seitz noted that for several overflows he has submitted photos because
while attending training and conferences, Mr. Jim Fischer with the Water
Quality Control Board instructed enrollees to include photos with the overflow
reports in CIWQS. He shared that destruction of 2008 to 2013 records has not
been done due to a settlement agreement with California River Watch. They
will be destroyed after the settlement agreement term ends.
Mr. Bailey noted that staff also needs to consider what is in the best interest of
the District to determine what to upload to CIWQS. Chair Causey clarified that
he is not referring to the information retained indefinitely in Central San
databases, rather he is concerned with retention of paper and electronic
documents.
COMMITTEE ACTION: Received the information.
5. Announcements
None.
6. Future scheduled meetings:
Menday, November 20, 2017 at 9:00 a.m-.
cn-racr
Monday, November 27, 2017 at 9:00 a.m. (new date)
Monday, December 18, 2017 at 9:00 a.m.
2018 Meeting Dates To Be Determined
The Committee moved the November 20 Committee Meeting to November 27.
7. Suggestions for future agenda items
None
8. Adjournment — at 10:55 a.m.
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Item 3.a.
(Committee Handout 2 of 2)
CoCo San Sustainable Farm - 5 -Year Estimated Schedule July 2017 to July 2022
Current Period: 1 Plan Duration 19 Actual Start ■%Complete
PERIODS
Community Education (Continuous)
December 31, 2022
1
60
1
60
20%
1
2
3
4 5
6 7 8
9
10 11 12
13 14 15 16 17
18
ACTTY
IVI
May 1, 2019
PLAN
PLAN
ACTUAL
ACTUAL
0%
Jul/
Nov/
Feb/
Aug/
Jan/ Jul/
Oct/
Jan/ Jul/
Oct/ Jan/ Jul/ Oct/
5
addressed)
June 1, 2018
START
DURATION
START
DURATION
PERCENT
Oct
Jan
Apr
May/ Dec
Mar Apr/J Sept
Dec
Mar Apr/J Sept
Dec Mar Apr/J Sept Dec
Jan/M
COA#1 Updated Site Plan
MILESTONE DATE
PERIOD
(MOS)
PERIOD
(MOS)
COMPLETE
17
18
18
Jul 18 18
19 un 19 19
19
20 un 20 20
20 21 un 21 21 21
ar 22
1
Fundraising & In -Kind Donations (Continuous)
3
30
50%
10
COA#15 RPZ Fencing Installation
July 31, 2017
1
1
1
1
100%
December 31, 2022
1 1
60
1
60
50%
0%
12
COA#17 Absorbent Materials Onsite (Every 3 years)
March 31, 2017
2
Community Education (Continuous)
December 31, 2022
1
60
1
60
20%
I ■ ■ '
3
Mulch Spreading (yearly)
January 31, 2018
1
3
1
3
70%
Recycled Water Points of Connection (include
4
August Fire comments)
May 1, 2019
4
12
0%
Irrigation Plan Resubmittal (comments
5
addressed)
June 1, 2018
4
6
33%
6
Title 22 Permit
June 1, 2018
4
6
1
0%
7
COA#1 Updated Site Plan
October 31, 2017
1
4
1
2
100%
8
COA#3 Compliance Application
July 31, 2017
1
1
1
1
100%
9
COA#4 Compliance Report Submittal
October 1, 2020
3
30
50%
10
COA#15 RPZ Fencing Installation
July 31, 2017
1
1
1
1
100%
11
COA#16 Trash Enclosure Screening
October 1, 2020
11
3
0%
12
COA#17 Absorbent Materials Onsite (Every 3 years)
March 31, 2017
1
1
1
1
100%
13
COA#21 Submit elevations of temp office 30 days prior
to submittal of building permit
N/A
0%
14
COA#23 30 -ft height limit; Submit elevations of all
buildings 30 days prior to building permit
October 1, 2018
5
2
0%
Page 1
CoCo San Sustainable Farm - 5 -Year Estimated Schedule July 2017 to July 2022
Current Period: 1 Plan Duration , Actual Start ■%Complete
PERIODS
1
2 3 4 5 6 7
8
9
10 11 12 13 14 15 16 17 18
ACTIVITY
PLAN
��
PLAN
D�Ui�AIIC���
ACTUAL.
ACTUAL
D�Ui�AIIC�
Jul/
Oct
Nov/ Feb/ Aug/ Jan/
Jan Apr May/ Dec Mar Apr/J
Jul/
Sept
Oct/
Dec
Jan/ Jul/ Oct/ Jan/ Jul/ Oct/
Mar Apr/J Sept Dec Mar Apr/J Sept Dec Jan/P
MLESTONE DATE
PMOD
(MOS)
PERICID
(MOS)
COMPLETE
17
18 18 Jul 18 18 19 un 19
19
19
20 un 20 20 20 21 un 21 21 21 ar 2:
15
COA#24 Submit elevations 30 days prior to submittal of
all building permits
October 1, 2018
5
2
0%
16
COA#25 Submit permanent sign program 30 days prior to
submittal of building permit for signs
N/A
0%
17
COA#31 Install temporary signs with BAAQMD rules
July 31, 2017
1
1
1
1
100%
18
COA#32 Burrowing Owl Study 30 days before
construction
October 1, 2018
1
60
1
60%
19
COA#34 Submit updated geotech report (Danea Letter)
April 1, 2018
2
6
0%
20
COA#35(a) Submit building plans & elevations to ALUC
October 1, 2018
9
1
0%
21
COA#35(c) Submit annual report to ALUC by April 1
April 1, 2018
3
1
0%
22
COA#35(e) Install signage at Safety Zone 2/4
July 31, 2017
1
1
1
1
100%
23
COA#39 Submit indemnity agreement with County
July 31, 2017
1
1
1
1
100%
24
COA#40 Install signs w/ noise control requirements
July 31, 2017
1
1
1
1
100%
25
COA#46 Public Works - Submit improvement plans
February 1, 2018
2
6
90%
26
COA#55/56/60/61 Public Works - Submit grading &
drainage plans compliant with NPDES & C.3
February 1, 2018
2
6
90%
27
COA#59 Flood Control- Submit grading & drainage plans,
if impacts FC ROW
N/A
0%
28
Adv. Note (F) Submit building Plans to Fire
February 1, 2018
2
6
80%
Page 2
CoCo San Sustainable Farm - 5 -Year Estimated Schedule July 203.7 to July 2022
Current Period: 1 Plan Duration L Actual Start ■%Complete
PERIODS
1
2 3 4
5
6
7
8
9
10
11 12 13 14
15
16 17 18
ACINITY
PLAN
START
PLAN
DURATION
ACTUAL
START
ACTUAL
DLJRAT10N
PERCENT
Jul/
Nov/ Feb/
Aug/
Jan/
Jul/
Oct/
Jan/
Jul/ Oct/ Jan/
Jul/ Oct/
Oct
Jan Apr May/
Dec
Mar
Apr/J
Sept
Dec
Mar
Apr/J Sept Dec Mar
Apr/J
Sept Dec Jan/N
MILESTONE DATE
PERIOD
(MOS)
PERIOD
(MOS)
COMPLETE
17
18 18 Jul 18
18
19
un 19
19
19
20
un 20 20 20 21
un 21
21 21 ar 22
29
Fire Dept- Added Site Improvement Plans per August
letter: Fire Hydrants, etc
May 1, 2018
4
6
20%
30
Fire Dept -Review
March 1, 2018
2
6
75%
31
Fire Dept -Construct added Improvements per August
letter
October 1, 2018
5
6
0%
32
Construct Access Road
July 1, 2018
4
3
0%
33
Electrical trenching (Construction service)
October 1, 2018
5
3
0%
34
Construct Greenhouse Pad
October 1, 2018
5
3
0%
35
Submit PG&E Application for temp power
October 1, 2018
5
3
0%
36
Contra Costa County Building Review/Permit
October 1, 2018
5
3
10%
37
Construct Greenhouse
December 31, 2019
5
18
0%
38
COA#26 Submit as -built photos 30 days after
construction of all buildings
January 31, 2021
14
3
0%
39
Install irrigation for demonstration vegetables
N/A
0 c
40
Plant demonstration vegetables
December 31, 2017
2
1
0%
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