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HomeMy WebLinkAboutRESO 9757DocuSign Envelope ID: 851 D749D-DBA7-425B-8A3C-04590F8AC87C Resolution No. 9757 Resolution of the Council of the City of Palo Alto Adopting the Regional Water Quality Control Plant New Outfall Line Project Mitigated Negative Declaration for which an Initial Study was Prepared, in Accordance with the California Environmental Quality Act, and Adopting a Related Mitigation, Monitoring and Reporting Program, and Approving the Project Design RECITALS A. Prior to the adoption of this Resolution, the City of Palo Alto prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Regional Water Quality Control Plant ("RWQCP") New Outfall Line Project (the "Initial Study/Mitigated Negative Declaration") all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively "CEQA"). B. The RWQCP New Outfall Line Project (the "Project") analyzed under the Initial Study/Mitigated Negative Declaration would involve the installation of a new outfall pipe, rehabilitation of the existing.outfall pipe, and replacement the Renzel Marsh Pump. The new outfall pipe would extend approximately 2,402 linear feet, starting at the Regional Water Quality Control Plant and ending immediately adjacent to the existing outfall pipe's discharge point in an unnamed slough. Installation of the new outfall pipe would require open trenching and backfilling. The existing outfall pipe would be rehabilitated with flexible joint seals, but no open excavation would be required. A new pump would be installed to replace the existing pump that conveys treated water to the Renzel Marsh in order to improve efficiency. A more detailed description of the Project is set forth in the Initial Study/Mitigated Negative Declaration. C. The draft Initial Study/Mitigated Negative Declaration was made available for public comment from December 22, 2017 through January 31, 2018. D. The City of Palo Alto considered the comments received during the public review period and prepared a final Initial Study/Mitigated Negative Declaration. E. The Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in a number of signifi~ant effects on the environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level. F. In connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, RESO MND and Project -New Outfall Line 1 DocuSign Envelope ID: 851 D749D-DBA7-425B-8A3C-04590F8AC87C CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level. G. Whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires the lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-making body of the City of Palo Alto as lead agency for the Project (the "Mitigation Monitoring and Reporting Program" or "MMRP"). H. The City of Palo Alto is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project. I. The City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project, together with comments received on the Initial Study/Mitigated Negative Declaration, and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA. J. The Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Department of Public Works, located at 250 Hamilton Avenue, 6th Floor, Palo Alto, CA 94301 are available for inspection by any interested person at that location and are, by this reference, incorporated into this Resolution as if fully set forth herein. NOW, THEREFORE, THE COUNCIL OF THE CITY OF PALO ALTO HEREBY RESOLVES: SECTION 1. THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of Palo Alto, as lead agency for the Project. The City Council designates the Director of Public Works, at 250 Hamilton Avenue, 6th Floor, Palo Alto, CA 94301, as the custodian of documents and records of proceedings on which this decision is based. SECTION 2. THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the RESO MND and Project -New Outfall Line 2 DocuSign Envelope ID: 851 D749D-DBA7-4258-8A3C-04590F8AC87C 0 CITY OF PALO ALTO MITIGATION MONITORING+ REPORTING PROGRAM Environmental Impact AIR-1 Mitigation Measure AIR QUALITY Mitigation Measure AIR-1 During any construction period ground disturbance, the applicant shall ensure that the project contractor implements measures to control dust and exhaust. Implementation of the measures recommended by Bay Area Air Quality Management District (BAAQMD) and listed below would reduce the air quality impacts associated with grading and new construction to a less- than-significant level. The contractor shall implement the following best management practices that are required of all projects: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting Responsible for lmi.?_lementation Timing of Com~liance Applicant/Contractor During Construction Over-sight of lm~lementation Planning and Community Environment Department and Public Works Department City of Palo Alto • Mitigation Monitoring+ Reporting Program P a g e I 2 DocuSign Envelope ID: 851D749D-DBA7-4258-8A3C-04590F8AC87C Environmental Impact 810-1 Mitigation Measure equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]}. Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 9. The Contractor shall prepare a SWPPP, to be submitted and approved by the City prior to the start of construction 10. The Contractor shall install rumble strips for trucks exiting the site. BIOLOGICAL RESOURCES Mitigation Measure 810-1 Protocol level rare plant surveys shall be conducted within suitable habitat and during the blooming periods of Point Reyes bird's-beak, California seablite, and saline clover, in order to confirm the presence or absence of these species within the project site. Surveys for Point Reyes bird's beak and California seablite shall be conducted during the late season, June through October, and surveys for saline clover shall be conducted between April and June, based on the individual specie's blooming season. If these rare plant species are observed during surveys, they shall be avoided by construction if feasible. If avoidance is not feasible, seed shall be collected for replanting, or whole individuals transplanted to a nearby ResponsiJ;>le for lm1?_lementation Timing of Complianee Applicant/Contractor Prior to During, and After Construction Oversight of Implementation Planning and Community Environment Department and Public Works Department City of Palo Alto • Mitigation Monitoring+ Reporting Program P a g e I 3 DocuSign Envelope ID: 851 D749D-DBA7-425B-BA3C-04590FBAC87C Environmental lmt?_act BI0-2 Mitigation Measure protected area containing suitable habitat prior to construction, or stored for replanting in the construction area following completion of construction. Transplanted or reseeded individuals shall be monitored for a minimum of two years following construction to ensure transplantation success. If transplanted individuals do not successfully establish, seed or individuals from established and healthy local populations shall be collected and planted at the project site. Mitigation Measure BI0-2 The measures listed below shall be implemented prior to or during construction activities within or adjacent to potential SMHM habitat: a) Prior to ground disturbing activities within and adjacent to potential SMHM habitat, all vegetation within the Project footprint shall be removed using hand-operated tools in the presence of a qualified biological monitor (see below). b) Following vegetation removal, exclusion barriers and/or fencing shall be installed to exclude individuals of this species from areas of active construction. The design of the exclusion barriers and fencing shall be approved by a qualified biologist and shall be installed in the presence of a qualified biological monitor. The fence shall be made of a material that does not allow SMHM to pass through, and the bottom shall be buried to a depth of a minimum of 4 inches so that these species cannot crawl under the fence. All support for the exclusion fencing shall be placed on the inside of the Project footprint. c) A qualified biological monitor shall be present during wildlife exclusion fence installation and removal, and during all vegetation clearing and initial ground disturbance conducted in vegetation in and adjacent to marsh habitats. The monitor shall Rgspc;>nsible for lm~lemeliltation TJmlngof. Comt?_liance Applicant/Contractor Prior to and During Construction eversight of lmt?_lementation Planning and Community Environment Department and Public Works Department City of Palo Alto • Mitigation Monitoring+ Reporting Program P a g e I 4 DocuSign Envelope ID: B51D749D-DBA7-425B-8A3C-04590F8AC87C ~nvironmental Impact Mitigation Mea~ure have demonstrated experience in biological construction monitoring and knowledge of the biology of the listed species that may be found in the Action Area, including SMHM and CRR. The monitor(s) shall have the authority to halt construction, if necessary, if noncompliance actions occur. The biological monitor(s) shall be the contact person for any employee or contractor who might inadvertently kill or injure a listed species or anyone who finds a dead, injured, or entrapped listed species. Following vegetation removal in potential habitat areas, fence installation, and initial ground disturbance, the biological monitor shall still conduct weekly site checks to provide guidance for fence maintenance, provide environmental sensitivity training, and document compliance with permit conditions. d) The biological monitor shall provide an endangered species training program to all personnel involved in Project construction. At a minimum, the employee education program shall consist of a brief presentation by persons knowledgeable about the biology of listed species with potential to occur in the Action Area, and about their legislative protection to explain concerns to contractors and their employees involved with implementation of the Project. The program shall include a description of these species and their habitat needs; any reports of occurrences in the area; an explanation of the status of these species and their protection under State and Federal legislation; as well as a list of measures being taken to reduce impacts to these species during construction. e) Food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in solid, closed containers (trash cans) and removed at the end of each work day from the investigation site to eliminate an attraction to predators of listed Responsible for Implementation Tlmh1gQf Compliance Oversight of Implementation City of Palo Alto • Mitigation Monitoring+ Reporting Program P a g e I 5 DocuSign Envelope ID: B51D749D-DBA7-425B-8A3C-04590FBAC87C Environmental Impact BI0-3 Mitigation Measure species. f) At the end of each work period, all open trenches shall either be securely covered or shall have exit ramps installed to prevent entry and/or entrapment ofSMHM. g) If a listed species is observed at any time during construction, work shall not be initiated or shall be stopped immediately until the animal leaves the vicinity of the work area of its own volition. If the animal in question does not leave the work area, work shall not be reinitiated until the appropriate agency is contacted and has made a decision on how to proceed with work activities. The biological monitor shall direct the contractor on how to proceed accordingly. The biological monitor or any other persons at the site shall not pursue, capture, handle, or harass any species observed. Mitigation Measure BI0-3 Construction of the project within the RWQCP and airport grounds shall be timed to occur within the CRR nesting season so that construction in other areas closer to suitable habitat and outside of existing areas of disturbance may be completed outside of the nesting season. Construction of the new outfall pipeline that would occur within the existing levee and the small reach of construction that would occur within the unnamed slough would avoid the CRR nesting season. Protocol level surveys for CRR shall be completed prior to construction to provide information regarding the location of nesting rails. However, based on a variety of factors, construction shall occur both within and outside of the CRR breeding season. Specifically: • Construction of the new outfall pipeline within the levee and in the unnamed slough (between Station 14+00 and 27+49) shall occur between September 1 and January 31 to avoid the CRR breeding season. Responsible for Implementation Timing of Compliance Applicant/Contractor During Construction Oversight of Implementation Planning and Community Environment Department and Public Works Department City of Palo Alto • Mitigation Monitoring+ Reporting Program P a g e ! 6 DocuSign Envelope ID: B51D749D-DBA7-425B-8A3C-04590F8AC87C Environmental Impact BI0-4 BI0-5 Mitigation Me~sure • In-water construction in the unnamed slough shall be completed between September 1 and November 30 to avoid the windows for both CRR and listed fish species. Mitigation Measure BI0-4 To avoid impacts to burrowing owl, a pre-construction burrowing owl survey shall be conducted by a qualified biologist of potential habitat areas (the Airport apron and along the adjacent levee berm top) at most 14 days from the initiation of project activities, irrespective of time of year. If burrowing owl is detected on the site, a no-disturbance buffer around the active burrow shall be enacted until work is finished or a qualified biologist confirms the burrow is no longer in use. This buffer shall be 250 feet if work is conducted in the area during the nesting season (February 1 -August 31) and 160 feet if work is conducted in the area outside of the nesting season. If the burrow cannot be avoided and work is to be conducted outside the nesting season, burrowing owls shall be passively excluded from the site following the procedures outlined in the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). Mitigation Measure BI0-5 All in-water work (i.e., in tidal areas at the unnamed slough) shall be conducted between June 15 and November 30 and will incorporate all avoidance measures listed in the regulatory permits. Installation of sheet piles in tidal waters, if necessary, shall occur by the use of a vibratory hammer during low tide. If impact pile driving is necessary, an evaluation of potential hydroacoustic impacts to fish shall be required, and if necessary additional measures shall be employed to ensure that underwater sound is reduced to levels that Responsible for Implementation Timing of Compliance Applicant/Contractor Prior to and During Construction Applicant/Contractor During Construction Oversight of Implementation Planning and Community Environment Department and Public Works Department Planning and Community Environment Department and Public Works Department City of Palo Alto • Mitigation Monitoring+ Reporting Program P a g e I 7 DocuSign Envelope ID: B51D749D-DBA7-425B-BA3C-04590FBACB7C Enviranmental lmp_act CULT-1 Mitig~tian Mei_!$Ure plastic netting or fixed aperture netting. • A spill prevention and control plan shall be required as part of project specifications to minimize the chance of toxic spills. Spill kits shall be present for any work adjacent to open waters. All spills of oil and other hazardous materials shall be immediately cleaned u and contained. Any hazardous materials cleaned up or used on-site would be properly disposed of at an approved disposal facility. • Litter and Waste Management -Waste collection areas shall be designated on-site. Only watertight dumpsters and trash cans shall be used and inspected for leaks. Dumpsters and cans shall be inspected at the end of each work day when it is raining or windy. Waste collection shall occur regularly. Litter shall be picked up daily. CULTURAL RESOURCES Mitigation Measure CULT-1 If buried materials are encountered, all soil disturbing work shall be halted at the location of any discovery until a qualified archaeologist or paleontologist completes a significance evaluation of the find(s) pursuant to Section 106 of the National Historic Preservation Act (36CFR60.4) and CEQA guidelines (§15064.S[f]), and the State Lands Commission Attorney has been contacted to consult. Prehistoric archaeological site indicators include: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire-affected stones. Historic period site indicators generally include: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., Responsible for lm~lementation Timingaf Compliance Applicant/Contractor During Construction Oversight of Implementation Planning and Community Environment Department and Public Works Department City of Palo Alto • Mitigation Monitoring+ Reporting Program P a g e I 9