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Home My WebLink AboutResolution 2004-101 N.C.S. 06/07/2004 resolution No.2004-101 l~T.C.S. of the City of Petaluma, California RE-CERTIFYING THE WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS PROJECT FINAL ENVIRONMENTAL IMPACT REPORT ADDENDUM, AND ADOPTING FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING REVISED MITIGATION MEASURES AND MONITORING PROGRAM WHEREAS, in 1938, the original wastewater treatment processes were constructed at 950 Hopper Street; and, WHEREAS, to meet the community's needs and changing regulatory requirements, various upgrades and additions to the wastewater treatment plant were conducted through the 1960s; and, WHEREAS, in 1972, the oxidation ponds were constructed at 4400 Lakeville Highway to provide additional treatment capacity; and, WHEREAS, in 1988, with influent flows exceeding 75% of the permitted capacity of the wastewater treatment facility, and necessary upgrades to the facility to increase treatment capacity and continue to meet the needs of the community were determined to be too costly, the City determined to replace the existing wastewater treatment facility; and, WHEREAS, in 1991 the City executed a Memorandum of Understanding with Envirotech Operating Services (EOS) to design, build, construct, own and operate (20 years) a new wastewater treatment facility (Resolution 91-107 N.C.S.); and, WHEREAS, on July 31, 1991, EOS submitted an application to the California Public Utilities Commission (CPUC) seeking an exemption from CPUC regulation under the California Local Government Privatization Act of 1985; and, WHEREAS, on October 21, 1991, Administrative Law Judge Ramsey determined that the MOU did not meet the requirements of the Public Utilities Code and ordered that "the application is denied without prejudice to refiling after amendment"; and, WHEREAS, in February 1992 EOS and the City:mutually agreed to rescind the MOU; WHEREAS, on June 20, 1994, following a report prepared by Ernst and Young, the City Council adopted Resolution 94-156 N.C.S., which directed that the Service Agreement Approach (privatization) be utilized for procurement of a new wastewater treatment facility; Resolution No. 2004-101 N.C.S. WHEREAS, on June 17, 1996, the City Council adopted Resolution 96-163 N.C.S., which certified the Final EIR documents, Resolution 96-164 N.C.S., which approved the project, and Resolution 96-165 N.C.S., which approved and authorized issuance of the Request For Proposal; and, WHEREAS, on July 17, 1996, the RFP was issued to five pre-qualified vendor teams; and, WHEREAS, in January 1997, the City received proposals from Montgomery United Water (MUW) and US Filter/EOS; and, WHEREAS, the Citizens' Wastewater Advisory Committee considered the proposals on May 28, 1997, June 3, 1997, June 4, 1.997, July 2, 1997, October 20, 1997, October 30, 1997, November 4, 1997, November 18, 1997, and on December 3, 1997; and, WHERAS, the City Council considered the proposals on July 7, 1997, September 8, 1997, September 15, 1997, September 22, 1997, September 29, 1997, October 6, 1997, December 3, 1997, and December 8, 1997; and, WHEREAS, on January 5, 1998, the City Council adopted Resolution 98-11 N.C.S., which selected MUW for contract negotiations; and, WHEREAS, negotiations with MUW on technical, legal and agreement issues began on . January 27, 1998 and proceeded through spring 1999; and, WHEREAS, on September 21, 1998, the City Council, recognizing the need for development of a public alternative to the proposed privatization project, approved preparation of the wastewater treatment. facility master plan; and, WHEREAS, on September 21, 1999, the City Council adopted Resolution No. 99-188, which terminated the privatization process and established City ownership of the new wastewater treatment facility. Reasons cited for this determination included, among others: ® Risk of Change Required Over 30-Year Contract'ferm. Changes in the City's needs may occur during the 30-year life of the contract. The City is at a disadvantage by being able to negotiate with only one party for changes in the facility's capacity. Requirement of Fair Market Value Purchase. In order for MUW to retain tax ownership, the City's option to purchase the facility at the end of the contract term would have to be at fair market value. The price of the facility could not be fixed in the contract, but would depend on the value of the facility at the time of the exercise of the option, thereby putting the City and ratepayers at risk of having to pay for part of the plant twice. ~ Lack of City Approval of Design. In order for MUW to retain tax ownership, Section 4.8.1 of the agreement limited the City's participation in the design process. Resolution No. 2004-101 N.C.S. Page 2 1 Third Party Services. In order for MUW to retain tax ownership, Section 5.2.4 would allow the Company to provide services to others (in addition to the City) at the Project Site. Inability to Agree On Contract Language. After extensive negotiations between the City and MLTW, specific contract language on the above and other critical issues could not be agreed upon. WHEREAS, on September 21, 1999, the City Council adopted Resolution 99-189 N.C.S., which approved the Wastewater Treatment Master Plan, with the understanding that the Master Plan's recommended project would be further reviewed to address questions asked by the City's independent wastewater professionals; and, WHEREAS, on October 29, 1999, the City issued a Request For Proposal for engineering services in support of the water recycling facility project (new wastewater treatment facility); and, WHEREAS, the City Council adopted Resolution 2000-66 N.C.S. on April 3, 2000, which authorized -the City Manager to execute a professional services agreement with Carollo Engineers for engineering services in support of Phase 1 -Project Report of the Water Recycling Facility Project; and, WHEREAS, five .alternatives for the new water recycling facility were presented at a Public Forum at the Community Center on June 14, 2000; and, WHEREAS, the City Council heard a discussion on the criteria for evaluating the _ alternatives on September 5, 2000; and, WHEREAS, the results of the analysis and comparison of the alternatives were presented at a Public Forum at the Community Center on November 8, 2000; and, WHEREAS, the City Council considered and discussed the Draft Water Recycling Facility Project Report (Carollo Engineers, November 2000) on November 20, 2000; and, WHEREAS, the City Council adopted Resolution 2000-214 N.C.S. on December 11, 2000, which approved the Water Recycling Facility Project Report (Carollo Engineers, November 2000), selected Alternative 5 -Extended Aeration as the preferred alternative for the new water recycling facility, and identified Option A -Wetlands as the preferred alternative for algae removal over Option B - DAFs; and, WHERAS, the City Council adopted Resolution 2000-215 N.C.S. on December 11, 2000, which authorized the City Manager to execute a professional services agreement with Carollo Engineers for professional engineering services in support of Phase 2 -Project Development of the Water Recycling Facility Project; and, Resolution No. 2004-]Ol N.C.S. Page 3 WHEREAS, the City Council considered the Water Recycling Facility Project and the Draft Water Recycling Facility Predesign Report (Carollo Engineers, November 2001) on November 14, 2001, November 28, 2001, December 17, 2001 and January 7, 2002; and, WHEREAS, the City Council adopted Resolution 2002-012 N.C.S. on January 7, 2002, which approved design parameters for the preferred alternative for the water recycling facility project and authorized completion of the environmental impact report; and, WHEREAS, the City prepared Water Recycling Facility and River Access Improvements Draft EIR (April 2002) and distributed it to the California State Clearinghouse and to all .responsible local, state and federal agencies involved in the project and made it available for public review; and, WHEREAS, the City Council held noticed public hearings on May 13, 2002, and May 20, 2002, during which all interested persons were provided an opportunity to comment on the adequacy of the Draft EIR; and, WHEREAS, the public review period for the Draft EIR began April 15, 2002, and closed May 29, 2002; and, WHEREAS, the City prepared Water Recycling Facility and River Access Improvements _ Final EIR and Response To Comments (.Iuly 2002), which responded to comments received on ' the Draft EIR. The Final EIR did not identify any new significant impacts that had not been previously evaluated in the Draft EIR. WI~EREAS, the City Council held a noticed public hearing on August 5, 2002, to consider the Final EIR; and, WHEREAS, that after due consideration, the Petaluma City Council adopted Resolution 2002-135 N.C.S. certifying the Final. Environmental Impact Report for the Water Recycling Facility and River Access Improvements Project and made the following findings on August 5, 2002. 1. The Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. 2. The documents referenced below constitute the Final Environmental Impact Report and were presented and considered along with both written and oral comments received during the public review period on the project and environmental documents: a. Water Recycling Facility and River Access Improvements Draft Environmental Impact Report, in two volumes (April 2002). b. Water Recycling Facility and River Access Improvements Final Environmental Impact Report and Response To Comments (July 2002). 3. The City Council, as the decision making body of the City of Petaluma, independently reviewed, analyzed and considered the information in the Final EIR Resolution No. 2004-101 N.C.S. Page 4 and found that the contents of the Final EIR reflect the independent judgment of the City of Petaluma 4. The Final EIlZ was published, made available and circulated for review and comment. WHEREAS, the project certified in the Final EIR included locating a portion of the treatment plant at 4400 Lakeville Highway, the current site of the City's oxidation ponds (APN 0680-010-025, 032 and 024), with polishing treatment wetlands located at 4100 Lakeville Highway (APN 068-010-026, and 017-170-002); and, WHEREAS, the City completed approximately 50% design of the facility in November 2002; and, WHEREAS, through the value engineering effort conducted in December 2002, it became apparent the alternative of locating the water recycling facility at 4100 Lakeville Highway and preserving the oxidation pond site for'its current function warranted further evaluation; and, WHEREAS, to construct the water recycling facility at the oxidation pond site would require the removal, drying and disposal of sludge from the aerated lagoon and oxidation pond no. 1, construction of a pipeline to deliver influent to oxidation pond no. 2, the construction of aerators in oxidation pond nos. 2 and 3 to maintain and improve treatment capacity, and require the placement of approximately 250,000 cubic yards of imported fill in the oxidation pond no. l; and, WHEREAS, a feasibility study determined that locating the water recycling facility at 4100 Lakeville Highway was feasible and yields many benefits; and, WHEREAS, the City Council adopted Resolution 2003-196 N.C.S. on August 18, 2003, which authorized the City Manager to execute an amendment to the professional services agreement with Carollo Engineers for engineering services. in support of locating the new treatment plant at 4100 Lakeville Highway; and, WHEREAS, the City Council authorized acquisition of approximately 261.33 acres of land in the 4000 block of Lakeville Highway for construction of the Water Recycling Facility and development of the Petaluma Marsh Acquisition, Enhancement and Access Project on September 8, 2003 through Ordinance 2161 N.C.S. for the purchase of real property described as Sonoma County Assessor's parcel nos. 068-010-026 and 017-010-002; and, WHEREAS, the City purchased Parcel nos. 068-010-026 and 017-010-002 in February 2004; and, WHEREAS, an Addendum to the Water Recycling Facility and River Access Improvements EIR was prepared to evaluate potential changes to the environmental affects of the Project due to the proposed Project revisions; and, Resolution No. 2004-101. N.C.S. Page 5 WHEREAS, the EIR Addendum concludes that the determinations of the Final EIR remain valid for the revised Project in that none of the Project modifications will have new significant impacts or substantially increase the severity of previously identified significant effects, or otherwise meet the requirements of CEQA Guidelines Section 15162 which outlines the standards by which subsequent EIRs are required; and, WHEREAS, the EIR Addendum was published on April 15, 2004 and was available for public review at the City of Petaluma City Hall, Petaluma Library, Petaluma Community Center, Petaluma Senior Center, and the Santa Rosa Junior College, Petaluma campus; and, WHEREAS, the City Council has considered the summary of revisions to the Water Recycling Facility and River Access hnprovements Project as evaluated in the Addendum to be as follows: 1. Relocation of the project from Pond No. 1 at the City's oxidation pond site to Parcel nos. 068-010-026 and 017-010-002; 2. Extended aeration basins are replaced with oxidation ditches; 3. The bridge over Ellis Creek is no longer needed; 4. The east and west gate improvements are no longer needed; 5. Anew west gate located on Parcel nos. 068-010-026 and 017-010-002 is needed; 6. The existing pond site road improvements are no longer needed, except repaving of East Road; 7. The seasonal ponds were removed from the project; 8. The levee stabilization was removed from the project; 9. The river trail was removed from the project; 10. Two levee bridges with boat access at High Tide were removed; and 11. Storm water distribution wetlands will be completed as a future phase improvement; 12. Marsh restoration will be completed as a future phase improvement; and 13. The pipeline crossing near Pond 5 is deleted and replaced with 3 pipelines crossing near Pond 1; WHEREAS, the City Council has reviewed and considered the information contained in the Water Recycling Facility and River Access Improvements EIR Addendum as well as statements and comments presented at the public meeting of May 3, 2004. NOW, THEREFORE, ~E IT RESOLVEID, by the City Council that: 1. It re-certifies the Water Recycling Facility and River Access Improvements EIR as modified by the EIR Addendum; 2. It makes findings. of fact that changes or alterations have been required and incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the EIR as modified by the Addendum and these findings are attached hereto as Exhibit A; 3. It has balanced the potential adverse environmental impacts of the selected Project, and all other alternatives as described in the Final EIR as modified by the Addendum, Resolution No. 2004-] Ol N:C.S. Page 6 with the benefits of the Project, and adopts Exhibit B attached hereto as its Statement of Overriding Considerations; 4. It adopts the Revised Mitigation Monitoring Program incorporating the program adopted in the Final EIR with changes as outlined in the EIR Addendum (Exhibit C); 5. It finds that the Project revisions with new facilities placed on Parcel nos. 068-010- 026 and 017-010-002 is the preferred Project based upon the value engineering review and the Parcel A feasibility study relocation conclusion that the project is feasible, practical, and optimizes compliance with project objectives, and the Project as revised is hereby approved; 6. City Management is authorized to prepare final plans and specifications for the Water Recycling Facility; 7. City Management is authorized to name the new facility the "Ellis Creek Water Recycling Facility"; 8. City Management is authorized to pursue funding for construction. of the new facilities through revenue bonds if state revolving loan funds are unavailable; 9. The Certified EIR and the EIR Addendum and all documents constituting the Administrative Record, therefore, shall reside with the Environmental Review Coordinator of the City of Petaluma and be made available at the office of such. Coordinator at the Petaluma City Hall, 11 English Street, Petaluma, California; and 10. The Environmental Review Coordinator is directed to file a notice of Determination for the Project adopted hereby. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted. by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting on the .........7.cli day of .......,T~t~......................................., 20.Oa., by the following vote: • w••••••••••••••••••••• City Attorney AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt NOES: None ABSENT: ~ r None ~ ~ ATTEST: . . City Clerk• Mayor Council File Res. No. _.....Z.p~q,..]p.l....._..N.C.S. EXHIBIT A TO THE RESOLUTION APPROVING THE CITY OF PETALUMA WATER RECYCLING FACILITY AND MARSH ACQUISITION, ENHANCEMENT, AND ACCESS IMPROVEMENTS PROJECT FINDINGS OF FACT 1. Introduction The City proposes to construct new treatment facilities, capable of producing tertiary treated recycled water, at 4100 Lakeville Highway. Also, the project includes a set of improvements that will provide public recreational and educational amenities on parcels northwest of the existing oxidation pond site. These findings, as well. as the accompanying statement of overriding considerations, have been prepared in accordance with the California Environmental Quality Act, the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). The City of Petaluma is the lead agency for the environmental review of the Program and has the principal responsibility for its approval. 2. Findings The EIR and EIR Addendum identified two significant, unavoidable impacts: Agriculture Impact AG-1, doss of farmland and AG-C1, cumulative loss of farmland. The EIR also identified 11 significant impacts that, with mitigation, .can be reduced to less-than-significant levels: Groundwater Impact GW-1, degradation of groundwater . quality at existing. drinking water wells; Surface Water Quality Impacts WQ-1 and WQ- 2, exceedence of numeric- and narrative-based criteria; .Biological Resources Impact BIO-1, loss of individuals or occupied habitat of endangered species; BIO-2, loss of bird nests or wildlife nursery sites; BIO-4, loss of sensitive native plant communities;. BIO-5, disruption of fish or wildlife migration comdors; BIO-6, loss of aquatic habitat; BIO-7, loss of wetlands or waters of the U.S.; BIO-8, exposure of organisms to bioaccumulatory substances; and Transportation Impact TR-1, congestion along study area roadways. The EIR Addendum identified' the. same signif cant impacts with the exception of BIO-4. Due to the removal of the bridge across Ellis Creek from the project description, BIO-4, loss of sensitive native plant communities, was found to be less than significant. There are now only ten.. significant impacts that, with mitigation, will be reduced to less-than- significant levels. ' . With respect tv the tw.o agricultural impacts, loss of farmland and the cumulative loss of farmland, one mitigation measure was recommended by the EIR, but has not been adopted:, Measure AG-1, Maintain Maximum Acreage of Agricultural Production. Measure AG-1 would require the City to maintain the maximum acreage feasible in agricultural production on Parcels A and B, approximately 35 acres. Even with this reduction in impact, approximately 114 acres of farmland would be removed, and the impact would .remain significant after mitigation. The City has determined not to adopt Measure AG-1 because it (a) interferes with the project objectives, namely the educational and recreational use of Parcel A for trails and wildlife habitat; (b) agricultural production on 35 acres is a very small contribution to agriculture in the region; (c) current S\WR&C\WW\90121Gity Council\May 3, 2004\ Exhibit A to the Resolution Findings Addendum agricultural use of the property is not for high-value or unique crops; and (d) agricultural production so near the Water Recycling Facility could create conflicts between the two uses. Because the- Water Recycling Facility is surrounded by the Petaluma River on one side and agriculture on three sides, there is no other parcel which could feasibly attain the project objectives, without similar loss of agriculturally productive land. No other feasible mitigation has been identified, and these .impacts remain. significant after mitigation. Refer to Exhibit~B for the Statement of Overriding. considerations regarding these impacts. With respect to Groundwater Impact GW-1, degradation of groundwater quality at an existing drinking water well, one mitigation measure has been adopted: Measure GW-1, Drinking Water Well Protection Program. Because there is a drinking water well within one-quarter mile of'the project, Measure GW-1 requires the City to monitor water quality in this well before and after construction. If changes are detected after construction that are deemed deleterious to public health, the City will need to drill a new well, retrofit the existing well, or provide a wellhead. treatment system for the constituents that are causing the public health concern. Any one of these three alternate approaches is feasible and will reduce the impact to a level below significance. With respect to the two Surface Water Quality Impacts WQ-1 and WQ-2, exceedance of numeric- and narrative-based criteria, five mitigation measures have been adopted: Measure WQ-1a, Chromium Monitoring and Source Reduction; Measure WQ-lb, Nickel Monitoring and. Source Reduction Program; Measure WQ-1c, Bis(2-ethylhexyl)phthalate Effluent Monitoring and Source Reduction Program; Measure WQ-ld, Constituents not Monitored in Effluent Monitoring and Source Reduction Program; and Measure WQ-le, Dioxin/Furan Cogener Monitoring and Source Reduction. Program. Measures WQ-1 a through WQ-le require monitoring. of the specific constituents listed in their titles and, if necessary, control of the source of each constituent. The Source Reduction Program would establish or revise pretreatment limits or provide fore enforcement of these limits. Measure WQ-le would also reduce Impact WQ 2, bioaccumulation of dioxin/furan congeners, in the same manner. These mitigation measures are feasible and will reduce water quality impacts to a level below significance. With respect to the six biological resources impacts, seven mitigation measures have been adopted: Measure BIO-la, Aquatic Species Protection Program; Measure BI0-lb, Threatened and Endangered Plant Protection Program; Measure BIO-lc, Wildlife Protection Program; Measure BIO-2a, Active Raptor and Migratory Bird Nest Protection Program; Measure BIO-2b, Rookery Protection Program; Measure BIO-7; Create or Restore Wetlands and Water of the U.S.; and WQ-le, Dioxin/Furan Congener Monitoring and Source Reduction Program. Regarding Impact BIO-1, loss of individuals or occupied habitat of endangered species, Measures BIO=1a, lb; and lc will avoid impacts to rare and endangered plant and wildlife species or compensate :for any impacts by replacing or restoring them in kind and on site. Landis available within the project area for compensatory creation of habitats or transplantation of individuals. Mitigation Measure BI0-1a requires a Worker Environmental Awareness Training Program, limits ground-disturbing activity in Ellis S\WR&C\WW\9012\City Council\May 3, 2004\ 2 Exhibit A to the Resolution Findings Addendum Creek, relocates sensitye_species if encountered, requires revegetation, establishes buffer zones, creates or restores damaged aquatic habitat, identifies opportunities to improve habitat conditions within Ellis Creek, and controls erosion. Measure BIO-lb requires surveys for special-status plants, establishes exclusionary buffer zones around each. population site, and provides for a compensatory replacement program for affected plants. Measure BIO-lc, Wildlife Protection Program, -requires dogs to be leashed and the public to remain on established trails. These mitigation .measures are feasible and will reduce the impacts to a level below significance. Regarding Impact BIO-2, loss of nests or wildlife nursery sites, Measure BIO-2a, Active Raptor and Migratory Bird Nest Protection Program, and BIO-2b, Rookery- Protection Program, will identify nests and establish exclusion zones to avoid disturbance during both the nesting .and non=nesting season. ~ These mitigation measures are feasible and will reduce the impacts to a level below significance. Regarding Impact BIO-5, disruption of fish or wildlife migration corridors, mitigation measure BIO-la, described above, will ensure that steelhead could migrate up Ellis Creek during •migration periods despite pipeline construction under Ellis Creek. Measure PD-8, Construction Erosion and Spill Control Measures, requires Best Management Practices for erosion control.. This mitigation measure is feasible and. will reduce impacts to fish and wildlife migration to a level below significance. Regarding Impact BIO-6, loss of aquatic habitat, Measure BIO-la, described above, requires avoidance .of impacts to aquatic habitat where feasible: and compensation for any loss. This mitigation measure is feasible and will reduce impacts to aquatic habitat to a level below significance. Regarding Impact BIO-7, loss of wetlands or waters of the U.S., Measure BIO-7, requires revegetation of temporary impacts to wetlands and compensatory creation of wetlands for permanent impacts, thus reducing impacts to wetlands to ales-than-significant level. Land is available within the project area for. compensatory creation of riparian or wetlands habitats; therefore this mitigation measure is feasible and will reduce impacts to wetlands to a level below significance Regarding Impact BIO-8, exposure of organisms to bioaccumulatory substances, Measure WQ-le, described above, is feasible and will reduce impacts to a level below significance. With respect to Transportation Impact TR-I, congestion on study area roadways, two mitigation measures have been adopted: Measure TR-la, Reroute Construction Worker Trips and Measure TR-lb, Install Signage to Reroute Employee and Visitor Trips. Measure TR-la requires construction workers to enter and exit Lakeville Highway at McDowell. Boulevard before 9.:00 AM and after 4:00 PM. Measure TR-lb requires installation of an informational sign on Lakeville Highway at McDowell Blvd. indicating that the new wetlands park can be accessed by turning right on McDowell Blvd. and installation of a sign on Cypress Drive prohibiting a right turn from the Wetlands Park S\WR&C\WW\9012\City Council\May 3, 2004\ 3 Exhibit A to the Resoiotion Findings Addendum into Pine View Way between 4:00 .and 6:00 P1V1 on weekdays. These mitigation measures are feasible and. will reduce the impacts to traffic to a level below significance. 3. Alternatives Analysis Where a significant impact can be .substantially lessened {i.e., mitigated to an "acceptable level") solely by the adoption of mitigation measures, the .lead agency, in drafting its findings, has no obligation to consider the feasibility of alternatives with respect to that impact, even if the alternative. would mitigate the impact to a greater degree than the proposed Project. (Pub.. Resources Code, § 21002; Laurel Hills Homeowners Association, .supra, 83 Ca1.App.3d at p. 521; see also Kings City Farm Bureau v. City of Hanford (1990) 221 Ca1.App.3d 692, 730-731; Laurel Heights .Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376, 400-403.) The preceding discussion regarding project impacts reveals that most significant effects identified in the EIR have been substantially lessened by the adoption of feasible mitigation measures. As a legal matter, the Council,, in considering alternatives in these findings, need only determine whether any alternatives are environmentally superior with respect to those impacts not mitigated to a less than. significant level. If any alternatives are ,superior with respect. to those impacts, the Council is then required to determine whether the. alternatives are feasible. If the Council determines that no alternative is both feasible and environmentally superior with respect to the unavoidable significant impacts identified. in the EIR, then the Board may approve the proposed Program as mitigated, after adopting a statement of overriding considerations. Provided that potentially significant impacts of the project remain that have not been avoided or reduced to a less than significant level by the mitigation measures, the Council may determine to approve the project as mitigated, after adopting a statement of overriding considerations. "[I]f economic or social conditions make infeasible the mitigation of one or more significant adverse environmental effects of a project, such project may nevertheless be approved provided the project is otherwise permissible under applicable laws and regulations (§21002.1, subd. (c).)" (Laurel Hills Homeowners Association, at 521). The only significant unavoidable impacts of the project are AG-1, loss of farmland, and AG-C1, cumulative loss of farmland. Of the five other alternatives evaluated in the ElR (as mod. ified by the Addendum), only the No Project alternative has less impact upon agricultural lands than the Preferred Project (as modified in the Addendum). The No Project alternative does not meet any of the proponent's project objectives, and is therefore not a feasible alternative. Therefore, none of the other feasible alternatives have fewer impacts then the Preferred Project relative to significant unavoidable impacts. S\WR&C\WW\90]2\Gity Council\May 3, 2004\ 4 Exhibit A to the Resolution. Findings Addendum EXHIBIT B TO THE RESOLUTION APPROVING THE CITY OF PETALUMA WATER RECYCLING FACILITY AND MARSH ACQUISITION, ENHANCEMENT, AND ACCESS IMPROVEMENTS PROJECT STATEMENT OF OVERRIDING CONSIDERATIONS 1. Introduction "CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian. An agency shall prepare a statement of overriding considerations as described in CEQA Guidelines section 15093 to reflect the ultimate balancing of competing public objectives when the agency decides to approve a project that will cause one or more ,significant effects on the environment" (CEQA Guidelines, § 15021, subd. (d); see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401; CEQA Guidelines, § 15093). A statement of overriding considerations sets forth the reasons why the agency finds the project's "specific economic, legal, social, technological, or other benefits" render "acceptable" its "unavoidable adverse environmental effect." (CEQA Guidelines; § § 15093, subd. (a), 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b)). As. set forth in the City's. CEQA findings, the City, Council's approval of the Water Recycling Facility EIR Addendum (State Clearinghouse #200.1052089) will result in significant adverse environmental. effects that cannot be substaritially lessened or avoided even with the adoption of all feasible mitigation measures. The significant and unavoidable impact is: ® AG-1 Project will cause loss of farmland: Loss of approximately 149 acres of farmland on Parcels A and B, and ® AG-C1 Project will cause cumulative loss of farmland. The Council finds that there is no feasible way to further lessen or avoid these significant impacts. Despite these unavoidable impacts; the City Council chooses to approve the Project. because the public benefits render the significant and unavoidable effects acceptable. The,followingstatement.identifies the reasons that, in the Council's judgment, the benefits of the Project.as approved outweigh its unavoidable significant effect. 2. ®verriding Considerations Mitigation Measure AG-1, Maintain Maximum Acreage of Agricultural Production, was considered by the City during certification of the Water Recycling Facility and River Access Improvements EIR. Even with this mitigation however, approximately 114 acres of farmland on Parcels A and B will be converted for use by the Water Recycling Facility and Marsh Acquisition, Enhancement, and Access Irriprovements Project. Because this Mitigation Measure (a) interferes with the project objectives, namely the educational and S1WR8C\WW\9012\City Council\MAY 3, 2004\ Exhibit B to the ResolLtion SOC Addendum recreational use of Parcel A for trails and wildlife habitat; and (b) agricultural production on 35 acres is a very small contribution to agriculture in the region; (c) currently agricultural use of the property is not for high-value or unique crops; and (d) agricultural production so near the Water Recycling Facility could create conflicts between the two uses, the City determines not to adopt Measure AG-l. Because the Water Recycling, Facility is surrounded by the Petaluma River on one side and agriculture on three sides, and the facilities proposed for Parcel A must be adjacent to the rest of the Water Recycling Facility, there is no other parcel which could feasibly attain the project objectives, without similar loss of agriculturally productive land. No further feasible mitigation has been identified and impacts to farmland remain significant. Of the five alternatives evaluated in the EIR, all of them cause the same or greater loss of farmland, except the No Project Alternative. The No Project Alternative does not meet the project objectives, and in fact, creates three significant impacts not caused by the project. Therefore, the No Project Alternative is not an .acceptable means of reducing impacts to farmland. Implementation of the Water Recycling Facility and Marsh Acquisition, Enhancement, and Access Improvements Project would result in benefits,., including expansion of the wastewater treatment to accommodate growth foreseen in the City of Petaluma's General Plan; replacement of the existing wastewater treatment plant built in 1938 and in need of seismic safety upgrade; provision of tertiary treated water for urban and agricultural reuse; provision of polishing wetlands; improvement in water quality of water to be discharged. or reused for agricultural imgation; a buffer zone between the Water Recycling Facility and private land uses; and provision of a variety of educational and recreational facilities, such as .trails, visitor center, use of the existing farmhouse for public or city uses, visitor parking lot, educational kiosks. S\WR&C\WW\9012\City Council\MAY 3, 2004\ 2 Exhibit B to the Resolution SOC Addendum CITY O P~TALUlilllA, C~ALIFl ATE RECYCLING F`4CILIT'Y MARSH ACl1ISITlO', ENHNCEIUIET, AND ACCESS IIVIPOVE~MT ®JCT REVISED MITIGATION MONITORING POGAdill SCH # 20010:52089 April 16, 2004 Prepared by Parsons WATER RECYCLING fACLL;I'TY' AND RIVER ACCESS IMPROVEMENTS REVhSED MI'TIGATfON MONITORING PROGRAM Y ~ACKGROUiVD The legal basis. for the development and implementation of mitigation measures lies in the California Envir"onmental Quality Act (CEQA). Pursuant to Section 21002 of CEQA, public agencies .should not approve projects. as proposed .if there are feasible alternatives or feasible mitigation measures available which would substanfially lessen the significant environmental effects of such projects'. Subsection 21002.1 further requires that each public agency shall mitigate or avoid the significant effects on the environment' of projects it approves or carries out whenever i`t is feasible to do so. Assembly Bill. (AB) 3180 was enacted in 1989 to ensure that required mitigation. measures and project alternatives were implemented. AB 3180 specifies the public agency's responsibility to adopt a mitigation monitoring and reporting.program: SECTION I. Section 21081.6 is added to the Public Resources Code, to read: 21081.6. When making the findings required by subdivision (a) of Section 21081 or when adopting a .negative declaration pursuant. to .paragraph (2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the Project which it has adopted.. or made a condition of Project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to en"sure compliance during Project implementation. For those changes which have been required or incorporated into the Project at the request of an agency having jurisdiction by law over natural resources affected by the Project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. The monitoring program must be adopted when a public agency makes its findings under CEQA. so that. the program can be made a condition of Project approval in order to mitigate . significant effects on the environment. PURPOSE This Mitigation Monitoring Program is designed to serve as a tool for the evaluation of Project compliance with mitigation measures accepted from. the EIR. The basic objectives of the Mitigation Monitoring Program are to achieve the following: • To report to. the City Council, and the public, information regarding compliance with the EIR mitigation measures; and • To provide. assurance and documentation. that the studies and actions called for in the mitigation measures are being performed as planned. APRIL 16, .2004 PARSONS PAGE MMP-1 WATER RECYCLING F,A(CILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM ®OCUIIAENT FORMAT Compliance wfh Existing Programs This document presents the applicable federal, state, regional, county, and local policies and \ regulations• with which the project must comply.. Compliance with these policies and regulations will result in avoidance and/or minimization of adverse environmental impacts. Measures Included in the Project This document presents a listing and description of measures and standards which have been incorporated into the project design. The City has adopted these measures and incorporated them as part of the project in order to avoid or minimize potential environmental impacts. These measures represent standard engineering, design,. construction, and maintenance practices. The .process for the development of these measures began during the scoping and early planning phase of the project. Measures were developed to change the project and avoid potential impacts idenfified by the public and .federal, state, and local agencies. Other measures were developed as a result of geotechnical, biological, cultural, and hydrological analysis in order to avoid or minimize potential impacts. .Because these measures are part of the project; they do not qualify under the normal definition of mitigation. However, these measures have been included in this chapter to provide a mechanism to ensure that these. measures are implemented and monitored, and to assist the reader in understanding the commitments made by the City of Petaluma. This document includes measures to be implemented in all phases of the project, including ;planning .and design, construction,. operation, :and maintenance. Compliance with these measures will result in avoidance and/or minimization of adverse environmental impacts. Mitigation. Measures - This document 'incorporates mitigation measures recommended in Chapter 4, Environmental Analysis, of .the Water Recycling Facility and River Access Improvements EIR (2002) and revisions. made in the EIR Addendum (2Q04). The mitigation measures listed in this document are recommended by the consultant team to avoid or reduce environmental .impacts: As described above:. under Background, the City is required to mitigate impacts whenever it is feasible. Mitigation measures will be adopted by the City at the time of project approval. At that time,. the City bas the option of approving alternate mitigation measures, if they can be shown to be effective and feasible. Some of the mitigation measures will only be implemented during the final planning and detailed design of the project. They often require the refinement of the final project design to accommodate particular environmental constraints Other mitigation measures are intended to be implemented. prior; to, during, and immediately following project construction. These measures generally require the construction manager to follow certain constraints during construction.. and- to repair and rehabilitate impacts resulting from construction of the project. Finally, there are mitigation measures to be implemented during operation of the project. APRIL .1,6, 2004 PARSONS PAGE MMP-2 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVfSED MITIGATION MONITORING PROGRAM These .measures generally: require monitoring of operations over time and the modification of those operations- to reduce adverse environmental impacts. Compliance. with all of these measures would result in the reduction of adverse environmental impacts. /Q?DIVIINISTRATIOIV The Director of the Water Resources and Conservation Department and/or his/her designee will be responsible for overall implementation and administration of the Mitigation Monitoring Program. In order to carry out the mitigation monitoring program, the .Director will designate a staff person to serve as coordinator ..among the various agencies and departments. This person (Coordinator) will .ensure. that each mitigation measure is implemented to the standards specified in the EIR and is .completed in a timely manner. If current staffing within the Department cannot absorb the work demand to implement the program, a ;private contractor will be hired to manage and coordinate the mitigation monitoring and. reporting program. The contractor will serve under the direction of the Director. Administration of the Mitigation Monitoring Program will include the following: ® Documentation of permit approvals by other agencies; ® Compliance with conditions of project approval; . • Routine inspections and reporting .activities; ® Plan checks; • Coordination of activities of consultants hired 'by the City when such expertise and qualifications are necessary; • Coordination with applicable agencies that have: mitigation monitoring and reporting responsibilities (if any); • Follow-up and.response to citizens' complaints; • Development of a work plan and schedule for monitoring activities; o Maintenance of a mitigation monitoring checklist or other suitable mitigation compliance summary; • Implementation of corrective actions or enforcement measures, as needed; Preparation of reports of the status of implementation and monitoring of mitigation measures;. and • Monitoring of financial resources; associated with the program. ~IIITIGATION AflEASURE FORMAT Table 3-1 presents the format for each mitigation measure and the information that each measure will contain. APRIL 16,.2004 PARSONS PAGE MMP-3 WATER RECYCLING FACJ,LJTY AND RIVER ACCESS IMPROVEMENTS REVIrSE°D 'M`ITLGATION MONITORING PROGRAM IMPLEMENTATION Each responsible individual or agency listed as a "Monitoring Agency" in the Mitigation Monitoring .Program will be responsible for determining whether the mitigation measures contained within the monitoring program have been implemented: A Monitoring Agency may submit a Verification Report. Form (see page 3-6) or other verification report to the Coordinator that documents compliance with each of :the mitigation measures for which they are. responsible. Based on the information provided by the reports, the Coordinator will .maintain a mitigation monitoring checklist that documents the completion status. of all required mitigation measures as shown in Table 3-2. Prior to issuance of grading or building permits, the Coordinator will review the mitigation monitoring program checklist to ensure that the Project design is in compliance with all mitigation. measures that are required to be implemented as a condition ofthe permit. ENFORCEMENT If a responsible individual or agency determines that compliance has not been achieved, a written notice shall be delivered to the Director or Coordinator describing the non-compliance and requiring compliance within a specified period. of time. If non-compliance still exists at the expiration. of the specified period of time, construction maybe halted, and/or remedies shall be required, as appropriate and at the discretion ofthe Director. :APPROVAL AND CHANGES "This Mitigation Monitoring Program is adopted in conjunction with the Final EIR and project aapprovals for the project. Subsequentchanges to the Mitigation Monitoring Program may be ~~approved by the Director if deemed to meet the intent of said mitigation. APRIL 76, 2004 PAR&ONS PAGE MMP-4 WATER REG`YCLING FAC111TY AND RIVER ACCESS IMPROVEMENTS RE'VIS'ED MITIGATfON MONITORING PROGRAM VERIFICATION.REPORT Date: Arrival Time: Departure: Location: Discipline: ? Archaeology ? Dust/Air Quality ? Biology ? Noise ? Souls/Geology Construction. Sheet No.: ?Other Condition: Compliance: ? Acceptable ? Unacceptable ? Delay Activity ? Remedial Action Implemented ? Work Stopped ? Follow-up Conference Required Activity: Observations: Recommendations: By: Report Approval: Receipt:By Project Supervisor: Signature: Date: Time: Comments/Actions: Copies to: Date Entered to Erivronmental Monitoring File: By: APRIL 16, 2004 PARSONS PAGE MMP-5 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM Mitigation Monitoring .Checklist Mitigation Measure Implementing Agency Monitoring Agency Status Comments Measures Included in the Project: PD-1 Uniform Relocation Assistance Cityof Petaluma City o'f Petaluma PD-2 Purchase Locally Grown or Design Engineer City of Petaluma Inspected Plants PD-3 Licjuefaction,Protecton Design Engineer City ofPetaluma PD-4 Seismic Resign to Resist Design Engineer City of Petaluma Ground Shaking PD-5 Standard Engineering Methods Design Engineer City of Petaluma for Expansive Soils PD-6 Standard Engineering,Methods Design Engineer City ofPetaluma for Corrosive Soils PD-7 Groundwater Monitoring and City ofPetaluma City of Petaluma Management PD-8 Erosion; Stormwater Runoff; Construction Manager City ofPetaluma & San and Spill Control Measures and Design Manager Francisco Bay RWQCB PD=9 Conduct Phase II Site City ofPetaluma City ofPetaluma Assessment at Hopper Street to Assess the Potential for Contamination beneath the Sludge Lagoons PD-10 Monitor Soil and Groundwater Construction Manager City ofPetaluma During Demolition/ Construction for Evidence of Hazardous Waste at Hopper Street PD-11 Test Suspected and Properly City of Petaluma City of Petaluma Dispose of Soils and Groundwater at Hopper Street • APRIL 16, 2004 PARSONS PAGE 3-6 .WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS - REVISED MITIGATION MONITORING PROGRAM Mitigation:'Monitoring Gheckli'st Mitigation Measure Implementing Agency Monitoring Agency Status Comments . PD-12 Inspect'and Test for Lead=based. Construction Manager City of.Petaluma Paint and Asbestos Containing. Material (ACM) in any Buildings at 950 Hopper Sireef that will be Demolished ' PD-13 Mosquito Preverifion City of Petaluma City of Petaluma PD-14 Coristruction:Air Quality Design Engineer City of Petaluma Controls PD-15 Permitting and Control of Toxic. City of Petaluma City of Petaluma Air Contaminants PD-16 Odor Control Design Engineer and City of Petaluma Plant Operator PD-17 Construction Noise Mitigation Construction Manager City of Petaluma . Measures and City of Petaluma PD-18 Operational:Noise...Mitigation Design Engineer City of Petaluma ' Measures PD-1.9 Protection of Historic and City of Petaluma City'of Petaluma. • Archaeological Resources. PD-20 Protection of Previously Design Engineer acid City of Petaluma Undiscovered Historic and Construction Manager Archeological Resources. PD-21 Landscaping Design Design Engineer City of Petaluma PD-22 Lighting Design Design Engineer and City City of Petaluma of Petaluma PD-23 Fire Protection Design Engineer and City City of Petaluma of Petaluma Mitigation Measures LU-1 Annexation and Change of City of Petaluma City of Petaluma General Plan Land Use Designation and Zoning APRIL 16, 2004 PARSONS PAGE 3-7 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM Mitigation Monitoring Checklist Mitigation. Measure Implementing Agency Monitoring Agency Status Comments GW-1 Drinking Water Well Protection City of Petaluma City of Petaluma Program WQ-1 a Chromium Monitoring and City of Petaluma. City of Petaluma Source Reduction Program: WQ-lb NickeLMonitoring and Source City of.Petaluma City of Petaluma Reduction Program _ WQ-lc Bis(2-etliylhexyl)phthalate City of'Petaluma City of Petaluma Effluent Monitoring and Source Reduction Program WQ-ld Constituents not Monitored in City of Petaluma City of Petaluma Effluent Monitoring and Source Reduction WQ-1 e Dioxin/Furan Congener City of Petaluma City of Petaluma Monitoring and Source Reduction Program BIO-1a Aquatic Species Protection City of Petaluma City of,Petaluma and Program Construction Manager _ BIO-I-b Rare, Threatened and City of Petaluma City of Petaluma Complete No rare, threatened or Endangered Plant Protection Summer 2003 endangered plants found Program during surveys. BIO-lc Wildlife Protection Program City of Petaluma City of Petaluma and Construction Manager BIO-2a Active Raptor and Migratory City of Petaluma City of Petaluma and Bird Nest Protection Program Construction Manager BIO-2b Rookery Protection Program City of Petaluma City of Petaluma and Construction Manager - ' BIO-7 Create or Restore Wetlands and City of Petaluma and City of Petaluma Waters of the U.S. Design Engineer APRIL 16, 2004 PARSONS PAGE 3-8 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM ~ Mitigation Monitoring Checklist IVlitigation iVleasure Implementing Agency IVlonitoring Agency Status Comments TR-la Reroute'Gonstruction:Worker Construction.Manager City .ofP.etaluma Trips- TR-lb Install Signage to Reroute: City of Petaluma City of Petaluma and Employee and Visitor Trips Construction Manager Source: Parsons Harland Bartholomew & Associates Inc., 1999 APRIL 16,..2004 PARSONS PAGE 3-9 WATER RECYCiLIN.G FACILITY AND RIVER ACCESS IMPROVEMENTS .REVISED MITIGATION MONITORING PROGRAM COMPLIANCE' WITH EXISTING PROGRAl1AS This section presents the applicable federal, state, regional, county, and local policies and regulations that' the project components are required to comply with. Compliance with these policies and regulations, and future modifications thereof, is required, and will result in avoidance and/or minimization of adverse environmental impacts. Federal Archaeological and Historic Data Preservation Act of 1974 California Toxics Rule Clean Air Act of 1970, amended 1977 and 1990 Clean Water Act of 1977, amending the Water Pollution Control Act Comprehensive.Environmental Response, Compensation and Liability Act of 1980, amended by the Superfund amendment and Reauthorization Act of 1986 Emergency Preparedness and Community Right-to-Know Act tEndangered Species Act of 1973, as amended (FESA) .Migratory Bird Treaty Act of 1918 National Historic Preservation Aet of 1966, amended 1976 and 1.980, Sections 106 and 110 ' Resources Conservation and Recovery Aet Rivers and Harbors Act of 1899, Section 10 U.S. EPA's 304(a) Gold Book (Water Quality Criteria) LT.S. EPA Federal Toxics rule Water- Pollution Control Act; as amended by the Clean Water Act of 1977; Section 4'04 State Accidental Release Prevention and Hazardous Waste Control Laws Alquist-Priolo Earthquake Fault Zone Act California Clean Air Act California Department of ,Fish and Game Stream Bed Alteration Agreement (Fish and Game Code Section 1601=1603) APRIL 1'6, 2004 PARSONS PAGE 3-10 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITOR"ING PROGRAM California Department of Fish and Game Wildlife/Hardwood Management Guidelines (Revised 1994) California Endangered Species Act (CESA) (Fish and Game Code Sec. 2050-2098) California Government Code, Sec. 65962.5, Hazardous Waste and Substances Sites List (Cortese List California Health and Safety Code, Sections 2270-2294, Mosquito Abatement California Health. and Safety Code, Section 25500 et seq. -Hazardous Materials Release Response Plans and Inventory California Native-Plant Protection Act (Fish and Game Code Section 1900-1913) California Occupational .Safety and Health Administration (Cal-0SHA) California Wetlands Conservation Policy .1993 Porter-Cologne Water Quality Control Act Public Resources Code, Sections 5020-5024 (California Register of Historic Places) ?State Policy for.Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (State Implementation Policy) "S ate Water Resources Control Board Antidegradation Policy Implementation for NPDES Permitting (APU 90-004) Title 8, California Code of Regulations (CCR), Sec. 25500 et seq., Hazardous Material Storage Title 8, California Code of Regulations (CCR), Sec. 1.:500-1938, California Construction Safety Regulations Title 8, California Code of Regulations (CCR), Sec. 1539-1541.1., Excavations Title 8, California Code of Regulations (CCR), Sec. 1509 & 3203, Injury and Illness Prevention .Program Title 8, California Code of Regulations (CCR), Sec. 1597-1599, Vehicles, Traffic Control, Flaggers, Barricades, and Warning Signs Title 8, California: Code of Regulations (CCR), Sec. 5194, Hazard Communication Title 22, California Code of Regulations (CCR), Sec. 60301 et seq., Recycled/Reclaimed Water Title 22, California Code of Regulations, Section 66260.1 et seq.:- California Hazardous Waste Regulations Uniform Building Code (UBCj as amended locally APRIL 16, 2004 PARSONS PAGE 3-1 J WATER RECYCLING FA,C'IL~IT'Y' A;ND RIVER ACCESS IMPROVEMENTS RrEV`15;ED MITIGATION MONITORING PROGRAM Water Quality Control Plan for the San Francisco Bay Basin: (1'.995) Regional Bay Area Clean Air Plan Bay Area Air Quality Management District Risk Management`Polcy Bay Area Air Quality Management District Rules and Regulations Sonoma County Sonoma County General Plan Sonoma County Tree Ordinance (No. 4014) Sonoma County Zoning Ordinance Sonoma County Building Codes Petaluma Petaluma General Plan `Petaluma Building and Grading Regulations Petaluma Zoning Ordinance Petaluma City Ordinance No. 185:6, Heritage & Landmark Trees APRIL 16, 2004 PARSONS PAGE 3-12 WATER RECYCLING FACILITY A,ND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM MEASURES INCLUDED'1N THE PROJECT This section presents the measures the City decided to incorporate into the project. PD-1 Uniform Relocation Assistance Description: To mitigate for the loss of a dwelling unit and disruption of farming operations, the City shall develop and approve a relocation assistance program in accordance with the Uniform Relocation. Assistance and Real Property Acquisition Policies of .1970, which will govern all of the acquisition .and' displacement actions of the project. The affected property owner and tenants, depending on eligibility, would be afforded various services and forms of compensation in accordance with the provisions of this act. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: Upon certification of the EIR and after land acquisition. Complete: Prior to the start of construction. 1VIonitoring Agency:: City of Petaluma Validation: Compensation of affected property owners and tenants sfrall be • agreed upon in writing. APRIL 16, 2004 PARSONS PAGE 3-13 WATER RECYCLING FAC.f;LJ'TY AND RIVER ACCESS IMPROVEMENTS . REVhSED MITIGATION M'ONITORING' PROGRAM PD-2 Purchase Locally Grown or.lnspected Plants Descriptions The City of Petaluma shall designate that the purchase of all plants ' for the wetlands and. restoration .efforts shall be from locally grown stock or from a nursery that :has an approved monitoring program for the glassy-winged sharpshooter. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing. Agency: Design Engineer 'l'iming: Start: Upon certification of the EIR Complete: Prior to the start of'landscaping or restoration Monitoring Agency: City of Petaluma Validation: Specifications for restoration and landscaping contracts APRIL 16, 2-004 PARSONS PAGE 3-14 WATER RECYCLING 'FaACILIT`Y ,A,ND R'IVE.R ACCESS, IMPROVEMENTS RE`V'IS.ED MITIGATION MONITORING PROGRAM PD-3 Liquefaction Protection Description: The City shall densify or solidify oil as necessary where site specific conditions are identified that are liquefaction-prone. Overexcavation anti replacement of liquefiable soil will be viable for some of the construction. Vibro-replacement or compaction grouting. would also be effective, especially in areas of deeper excavation or trenching. Special foundation designs (e.g., pile or structural slab) may be appropriate for structures such as the new structures near existing Pond' No'. 1.0. Piles are not required for new facilities in existing Ponds No. 1 and 4. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing-Agency: Desgn'Engneer Timing: Start: Upon certification of the E]R Co>tx?plete: At completion of construction 1Vlonitoring Agency: City of Petaluma Validation-: Speci_fcations for each construction contract. APRIL 16, 2004 - PARSONS PAGE 3-f5 WATER RECYCLING FACILITY AND RIVER AGGE.SS LMPROVEMENTS R.EVI:SED MI"TIGATION MONITORING PROGRAM PD-4 Seismic Design to Resist Groupd'Shaking Descripton< The City shall take 'into ,account the high probability of strong seismic ground shaking; by incorporating design features that accommodate lateral movements. and flexibility. Construction of all facilities and earth. embankments should. meet UBC standards for Seismic Zone 4, Seismic :Source Type A, ,and Seismic Coefficients of 0.44 Na (Ca) and 0.64 Na (Cv). UBC soil profile type for the site is Sd and near source factors for the Rodger's :Creek fault are 1.19 (Na) and 1.58 (Nv). New facilities should be designed in accordance with the '.Sonoma County building codes which incorporate the seismic design .for Zone 4 provisions of the 1997 Uniform Building Code.. Lead Agency: City of Petaluma Water Resources :and Conservation Department Implementing Agency: DesgnEngineer Timing: Start: Upon certification of the EIR Complete: Upon completion of'consfiruetion . ..Monitoring Agency: City of Petaluma Validation: Specifications for each construction contract APRIL 76, 2004 PARSONS PAGE 3-16 WATER RECYCLING 'FACILITY A,Nq -R-IVER ACCESS IMPROVEMENTS RE,VIS,ED MITIGATION MONITORING PROGRAM PD-5 Standard Engineering fVlethods ;for'Expansi've Soils Description; The City shall implements standard geotechnical practices for expansive soils, testing.accordng to American Society for Testing and Materials (ASTM) standards; and proper choice of materials shall be required. Lead. Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Design Engineer Timing: Start: Upon certification of the EIR Complete: Upon completion of construction Monitoring Agency: `City of Petaluma Validation: Specifications for each construction contract APRIL 16, 2004 PARSONS PAGE 3-17 WATER RECYCLfN'G FACLCI"TY AND RIVER ACCESS IMPROVEMENTS REVISED. MITIGATION MONITORING PROGRAM PD-6 Standard Engineering Methods for Corrosive Soils Description.: The City shall sample sols.for coi-rosivity and remove affected soils. Facilities shall,b'e constructed of materials not susceptible to corrosion or designed to provide corrosion protection. .Lead Agency:. City of Petaluma Water Resources and Conservation Department Implementing Agency: De_sgn,Engineer Timing: Start: Upon certification of the EIR Complete: Upon completion. of construction 1Vlonitoring Agency:' City of Petaluma Validation.: Specifications for each construction contract APRIL 16, 2004 PARSONS PAGE 3-18 WATER RECYCLING.FACILIT`Y .A`ND RIVER .ACCESS IMPROVEMENTS - R:EV'I'SE~D MiTIGATI.ON MONITORING PROGRAM - PD-7 Groundwater Monitoring and Management Description;. The City shall monitor groundwater conditions around the site shall be monitored on a regular basis. Sampling of the three monitoring wells bordering~the existing facility on the Lakeville site shall be supplemented by the addition of a fourth well, located downgradient from the proposed'wetlands area (see Figure 4.4-1). This new well shall be installed and. all four wells sampled prior to construction of new facilities.. Following- construction, the four wells shall be analyzed annually. Samples shall be analyzed for the constituents listed in Table 4.4-.L, at a minimum. Additionally any constituents that are detected above the NPDES limits in the facility effluent should be added'to the.monitoring well analyte list. Monitoring shall include water level measurements: Should any groundwater contamination be, determined to be resulting from the facilities, corrective action,. such as source control (pretreatment) or . additional treatment, shall be taken. Lead. Agency:: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: Prior to the start of construction Complete: Five years after completion of construction `1Vlonitoring Agency: City of Petaluma Validation': Annual report of monitoring results and Technical Memo describing corrective actions. APRIL 16, 2004 PARSONS PAGE 3-19 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM PD-8 Erosion, Stormwater Runoff, and Spill Control Measures Description: The City shall develop and implement measures designed to prevent significant construction impacts. to water quality. Examples of possible measures include the following: Construction Sife Best Management Practices (BMPs) ID ~ BMP Name Temporary Soil Stabilization SS-1 Scheduling SS 2 Preservation of Existing Vegetation SS-3 Hydraulic Mulch SS-4 Hydroseeding SS-5 Soil Binders SS-6 Straw Mulch S$-7 Geotextiles, Plastic Covers, & Erosion Control Blankets/Mats SS-8 Wood Mulching SS-9 Earth Dikes/Drainage Swales & Ditches SS-10 Outlet Protection/Velocity Dissipation Devices SS-11. Slope Drains Temporary Soil Stabilization SC-1 Si1t.Eence SC 2 Desilting Basin SC-3 Sediment Trap SC-4 Check Dam SC-5 Fiber Rolls SC-6 Gravel Bag`Berm SC-7 :Street Sweeping and Vacuuming SC-8 Sandbag Barrier SC-9 Straw Bale Barrier SG-10 Storm Drain Inlet Protection Wind Erosion Control WE-.1 Wind Erosion Control Tracking Control TC-1 Stabilized Construction Entrance/Exit TC-2 Stabilized. Construction,Roadway TC 3 EntrancelOutlet Tire Wash Non-Storm Water fVlanagement NS-1 Water Conservation Practices NS-2 Dewatering Operations APRIL 16, 2004 PARSONS PAGE 3-20 WATER RECYCLING FACIiL,IiTY AN;D RIVER ACCESS IMPROV"EME,NT'S REVISED M:I'TIGATION MONITORING PROGRAM Construction .Site Best Management Practices. (BMPs) ID BMP Name NS-3 Paving and Grinding Operations NS-4 Temporary Stream Crossing NS-5 Clear Water Diversion NS-6 Illicit Connection/Illegal Discharge Detection and Reporting NS-7 Potable Water/Irrigation NS-8 Vehicle and Equipment Cleaning NS-9 Vehicle-and Equipment Fueling NS-10 Vehicle and Equipment 1Vlaintenance - Waste Management and Materials Pollution :Control WM-1 Material Delivery and Storage WNI; 2 Matezial Use WM-3 Stockpile Management WM-4 Spill Prevention and Control WM-5 'Solid Waste Management WM-6 Hazardous Waste Management. WM-7 .Contaminated Soil Management WM-8 Concrete Waste Management WM-9 Sanitary/Septic Waste Management WM-10 Liquid Waste Management . Source: Caltr2ns 2000. In addition, stormwater runoff collected on the Parcel A/B treatment facilities site during operation shall be: diverted into the wastewater treatment system. Stormwater .runoff .from the visitors parking lot on ' Parcel A shall. be treated either by diversion into the wastewater treatment system or installation of a retention basin/vegetated swale at the bottom of the lot. Construction. within the Petaluma River or the lower portions of Ellis • Creek shall be performed from "a barge and. with divers when appropriate. Excavafion'underwater shall be done with pressurized water. Dead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Construction Manager Timing: Start: Prior to start of construction Complete: Upon completion of construction APRIL 16, 2004 PARSONS PAGE 3-21 • WATER RECYCLING FA.GILITY A'ND RIVER ACCESS IMPROVEMENTS REVISED MIT'1GATION MONITORING PROGRAM 1Vlonitoring Agency: City of Petaluma and -San. Francisco Bay Regional Water Quality Control Board Validation: Storm Water Pollution Prevention Plan APRIL 16, 2004 PARSONS PAGE 3-22 WATER RECYCLING FACILITY AND RIVER ACCESS LMPROVE,MENTS REVISED M•I~TIGATION MONITORING PROGRAM PD-9 Conduct :Phase II Site .Assessment at Hopper Street to Assess the Potential for Contamination beneath the Sludge Lagoons Description: The 1994 Phase I Site Assessment at 950 Hopper Street noted that the soil materials beneath the sludge lagoons may contain metals . and other substances found in sewage influent. Therefore; ,the City shall perform ~a Phase II :.Site investigation (e.g., collection of soil or groundwater samples) for the lagoons. A State of California certified hazardous waste .lab using EPA-approved analytical methods shall perform. the laboratory analysis. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timings Start: Upon certification of the EIR Complete: Prior. to the start of demolition of Hopper Street facilities 1Vlonitorng Agency: City of Petaluma Validation: Phase II Site Assessment APRIL 16, 2004 PARSONS PAGE 3-23 WATER RECYC"LING .FA.CILITY .AND RIVER ACCESS IMPROVEMENTS REVISED 'MfTIGATION MONITORING PROGRAM PD-10 Monitor Soil and Groundwater during Demolition/construction for Evidence of Hazardous UVaste at Hopper Street Description: The City shall include ,monitoring by the contractor for subsurface contamination in compliance with the California Department of Occupational Safety and Health (Cal/OSH) for all demolition construction activities related to the demolition at Hopper Street that xequre excavation or exposure of soil in areas suspected of containing soil. or ,groundwater contamination. This monitoring would, at a minimum, "include visual observation by personnel with appropriate hazardous materials training, including 40 hours. of Hazardous Waste~Operations and Emergency Response (HAZWOPER) training as required by Cal/OSH for workers engaged in hazardous waste operations. Lead. Agency: Cityof Petaluma Water Resources and Conservation Department Implementing Agency: Construction Manager Timing: Start: At the start of construction Complete: Upon completion of construction Monitoring Agency: City of Petaluma - : Validation: Review of personnel training records to ensure use of appropriately trained personnel. APRIL 16, 2004 PARSO/JS PAGE 3-24 WATER RE'CYCLJ'NG F'AC'I.CITY AND RIVER ACCESS IMPROVEMENTS REVI:SE;D MITLGATION MONITORING PROGRAM PD-11 Test' Suspected and Properly Dispose of Contaminated Soils and Groundwater at Hopper Street lmescription' In areas where contamination of soil and groundwater is suspected or known, the City shall contain groundwater brought to the surface as a result- of dewatering in Baker tanks or similar containment devices or immediately dispose of or remediate on site as recommended by the:-Phase II investigation. At a minimum, this would allow the suspended solids associated with d`ewatering to ' settle out before discharge, if discharge is allowable.. Depending on the Phase II investigation, and the probability of .groundwater being contaminated based on visual or other evidence, samples would be collected and analyzed. A State of California certified hazardous waste laboratory using EPA-approved analytical methods should perform the laboratory analyses. The types of analyses should be based on the likely contaminant(s) and. on local permitting requirements. All potentially contaminated materials encountered during project demoltion/constructon activities hall be evaluated in the context of applicable local, state and federal regulations and/or guidelines. governing hazardous waste: All materials deemed to be hazardous shall be remediated and/or disposed of following .applicable regulatory agency regulations. and/or guidelines.. All evaluations, remediation, treatment and/or disposal of hazardous waste shall be supervised and documented by qualified hazardous waste personnel (having received a minimum of 40 hours HAZWOPER training). Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Construction Manager Tim"ing: Start": Upon completion of Phase: II investigation Complete: Upon completion of construction Monitoring Agency: City of Petaluma Validation: The City of Petaluma .shall ensure the use of qualified hazardous waste .personnel, review the results of any hazardous .waste analysis, and monitor any necessary containerization program. APRIL 16, 2004 PARSONS PAGE 3.25 WATER RECYGL,ING FAC.I,LITY AND RIVER .ACCESS IMPROVEMENTS . REVISED MITIGATION MONITORING PROGRAM PD-12 Inspect and Test for Lead-based Paint and Abestos Containing IVlaterial (ACM) .Any Buildings a# 950 Hopper Street that will be Demolished Description: The City shall inspect (and test as necessary) all buildings subject to demolition for asbestos containing. material (ACM) and lead- based paints. Certified inspectors and consultants shall perform the work (i.e., CaUOSH certification for asbestos workers and California Department of Health Services certification for lead workers). The City of Petaluma or its demolition contractor shall notify the Bay Area Air Quality Management District before dernolifion commences if the asbestos survey identifies. ACM .exceeding the threshold amounts specified in state regulations. :Certified contractors shall perform any required remediation. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Construction Manager - Timing: Start: Upon certification of the EIR Complete: Prior to the start of demolition Monitoring Agency: City of Petaluma Validation: :Review personnel certification records and pre-demolition. inspection records to ensure compliance and carry out necessary notification and remediation. APRIL 16, 2004 PARSONS PAGE 3-26 \ WATER RECYCLING FAC~IL„ITY AND RIVER ACCESS IMPROUE,MENTS R;EV,I(SED M'IT'f;GA?lON MONITORING PROGRAM PD-13 Mosquito Prevention Description: The City shall. continue consulting with the Marin/Sonoma Mosquito and Vector Control District in designing and. developing the wetlands and storage ,ponds. The City of Petaluma shall comply with. the MarinXSonoma Mosquito and. Control District's criteria for mosquito prevention in wastewater reclamation or disposal projects: The ,District's design and mosquito prevention criteria shall be incorporated into the project's Wetlands Management Program. For example; wetlands that are operated as shallow water areas (less than one foot) should be .properly graded to facilitate drainage and ditched.. to provide access for mosquito fish. Among the District's design recommendations are that ponds should not have small coves or irregularities (although the ponds may be of any shape), that side slopes ..should be as steep as possible; and that dead algae, vegetation and debris should be routinely removed to minimize mosquito habitat. Lead Agency: City of Petaluma Water Resources and Conservation Department 'Implementing Agency: City of Petaluma ":Timing: Start: Upon certification of the. ElR Complete: Prior to the start of construction ~~`Monitoring Agency: City of Petaluma Validation: Marin/Sonoma Mosquito and Control District shall review design of wetlands and storage ponds. APRIL 16, 2004 PARSONS PAGE 3-27 WATER RECYCLING F-ACI,LI'TY A.ND RIVER ACCES".S IMPROVEMENTS REVISED. MITIGATION MONITORING PROGRAM PD-14 'Construction Air Quality Controls Description: The BAAQMD considers air quality impacts associated with construction activities to be less.than significant, if all applicable control measures recommended in their CEQA guidelines are implemented.. The City shall incorporate the following into construction contract specif cations: I ® Water all active construction areas with the potential to generate significant amounts of dust at least twice daily and more often during windy periods. Watering is the single- most effective measure to control dust emissions from construction sites. P"roper. watering could reduce dust emissions by over 75%. ® Cover all trucks hauling dirt or maintain at least two feet of freeboard. Dust-proof chutes shall be used as appropriate to load debris onto trucks during any demolition. ® Pave, apply water two times daily, or apply (non-toxic) soil stabilizers on all unpaved. access roads, parking areas, and staging areas at construction sites. ® Sweep daily (with water sweepers) all paved access roads, parking areas, and staging: areas and sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads. ® Hydro seed or apply ,(non-toxic) soil stabilizers to inactive construction areas (previously graded areas that are inactive for 10 days or more). ® Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles. o Limit traffic speeds on ariy%unpaved roads to 15 mph. ® Install sandbags or other erosion control measures to prevent silt runoff to public roadways. i • Replant vegetation in disturbed areas as quickly as possible.` . ® Properly maintain construction equipment. This measure could reduce emissions of ROG, NOx and PM10 by about 5%. . APRIL 16, 2004 PARSONS PAGE 3-28 WATER RECYCLING FACILITY A.ND RIVER ACCESS IMPRO'VE'MENTS REVISED 'MwI.TIGATION MONITORING PROGRAM • Prior to demolition. activities, identify any hazardous building materials or soils that may be disturbed during construction/dernolition. If hazardous materials are identified, consult" with the BAAQMD's Enforcement Division to ensure that demolition activities will comply with BAAQMD Regulations. , ® Optional -Install wheel washers .for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. , • Optional - If necessary, install windbreaks, or plant trees/vegetative windbreaks at the windward side(s) of construction areas. • Optional -Suspend excavation. and grading activity when. winds (instantaneous gusts) exceed 25 mph and visible dust emission cannot be prevented from leaving the construction site(s). :Lead Agency: City of Petaluma Water Resources and Conservation Department `I'mplementing Agency: Design Engineer .Timing: Start: At the start of construction . Complete: Upon the completion of Project construction Monitoring. Agency: City of Petaluma Validation: Specifications for each construction contract APRlL 16, 2004 PARSONS PAGE 3-29 WATER RECYCLING FAC,ILdTY' AMID RIVER ACCESS IMPROVEMENTS 'REV6SE'D Ml"TLGATION MONITORING PROGRAM PD-15 Permitting and Con#rol of"Toxic i4ir. C'ontamihants Description: The City shall obtain all neeessarypermits from the BAAQMD. If necessary, the project; shall incorporate control equipment to reduce exposure of the public to insignificant levels. Control measures, such as carbon absorption systems, shall be implemented if necessary to reduce air toxic emissions. 1Lead Agency: City of Petaluma. Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: Upon certification of EIR. Complete: Prior to start of Project operation. Monitoring Agency: City of Petaluma Validation: BAAQMD permits and Technical Memo describing control measures if needed. .APRIL 16, 2004 PARSONS PAGE 3-3.0 WATER RECYCLING FA.eCIL1T'`Y AN;;D RIVER ACCESS 6MPROVEMENTS RE'V`ISED MITIGATION MONITORING PROGRAM PD-16 Odor Control Description: The City shall ensure proper design and operation of the facilities to reduce the potential for odor corriplaints. The design and operation of facilities: shall ensure conformance with BAAQMD Regulation 7. Ten or more complaints or five or more verified . complaints over a 90-day period would indicate that an odor .problem with. the proposed facility exists. Additional mitgation/abatement measures, such as scrubbers or further oxidation processes, shall be taken to eliminate any substantial odor problems Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Design Engineer and Plant Operator Timing: Start:, Upon certification of EIR Complete: On-going during operation of project 1Vlonitoring Agency: City of Petaluma a Validation: A complaint monitoring program and Technical Memo describing. additional abatement measures if required. APRIL 16, 2.004 PARSONS PAGE 3-31 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM PD-17 Construction Noise Mitigation Measures Description: The City shall .incorporate the following conditions in related construction contract agreements: a Construction .Scheduling. Limit noise-generating construction activities, including. truck traffic coming to and from the site for any purpose, to daytime, weekday, non-holiday hours (7:00 am to 6:00 pm). Construction Equipment. Mufflers and Maintenance. Properly muffle and maintain all construction. equipment powered by internal combustion engines. ® Idling Prohibitions. Prohibit unnecessary idling of internal combustion engines. e Equipment Location and Shielding. Locate all stationary noise- generating construction equipment such as air compressors as far as practical from existing .nearby residences and other noise- sensitive land uses. Acousfical'ly shield such equipment. e Quiet Equipment Selection. Select quiet construction equipment, particularly air- ,compressors, whenever possible. Fit motorized equipment with proper mufflers in good working order. ® Noise Disturbance Coordinator. Designate a "noise. disturbance coordinator" who will be responsible for responding to any local complaints about construction noise: The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and would require that reasonable .measures warranted. to correct the problem be implemented. Conspicuously post a~telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Construction Manager/City of Petaluma Timing: Start: During construction Complete: At the completion of construction Monitoring Agency: City of Petaluma APRIL 16, 2004 PARSONS PAGE 3-32 WATER RECY'GL.I::NG FACILITY' A'ND RIVER AQCESS ITJiPROVEMENTS RE'VIS'ED MITIGATLON MONITORING PROGRAM Validation: The City will perform~.d'aily checks to ensure compliance with this measure. 'Th'e City will;;respond to complaints from private citizens regarding construction noise. within 24 hours. Construction noise shal'1 be monitored at the nearest noise-sensitive receptor locations(s) outside the project boundaries, during high noise generating .activity to determine compliance with local noise criteria. In .the event that the noise criteria are exceeded, the construction activities shall be reviewed to determine additional mitigation measures to further reduce the construction. noise. The telephone number of the Noise Disturbance Coordinator shall be made available to the residents around the project site so that annoyed residents would be able to report their complaints. APRIL 16, 2004 PARSONS PAGE 3-33 WATER RECYCLING FAC,;I,LI,TY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM PD-18 Operational Noise Mifigation Measures . Description: As part of the design process the City .shall retain an acoustical engineer to ensure that the noise levels produced by mechanical equipment at the Lakeville facility do not exceed County standards. Potential measures may include; Acoustical enclosures at noise producing equipment ® Alternative equipment selections with lower noise emissions o Mufflers for equipment exhaust systems Lead Agency: City of Petaluma Water Resources and Conservation Department ' Implemen#ing Agency: Design Engineer Timing: Start: During final design of theproposed Project Complete: At completion of final design Monitoring Agency: City of Petaluma Validation.: Specifications for each construction contract APRIL !6, 2004 PARSONS PAGE 3-34 WATER RECYGC;fNG_ FAG'I,CITY' AND RIVER ACCESS IMPROVEMENTS REVISED 'M"I`TIGATION MONITORING PROGRAM PD-19 Protection of Historic and Archaeological Resources Description: In order to preserve cultural resource"s, the City shall perform subsurface testing, evaluation for significance, and/or recordation for the four sites, when avoidance is not feasible. The Hopper Street facility, the communication facility, Site C-757 (to the extent it is located. on City property), :and the farm complex on Lakeville Highway shall be recorded, mapped, and photographed by a qualified professional architectural historian to Department of Parks and Recreation (DPR) standards on current DPR 523 series forms. The Hopper Street facility shall be evaluated for significance to the NRHP. All site records and evaluation documentation shall be submitted to: he State Historic Preservation Office for Section 106 compliance prior to any construction activities on the site. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma -Timing: Start: Upon certification of the EIR Completion: Prior to construction ;:w :Monitoring Agency: City of Petaluma Validation: Recordation for the four sites APRIL 16, 2004 PARSONS PAGE 3-35 WATER RE`CY°CLING FAGILIT`Y.AND RLVER ACCESS IMPROVEMENTS REVIS'"ED MITIGATION MONITQR:I:NG PROGRAM • PD-20 Protection of Previously Undiscovered Historic and Archaeological Resources Description: If subsurface archaeological or historical remains are discovered during construction, work in the area shall stop immediately and a qualified professional archaeologist shall be consulted to develop, if necessary, further mitigation measures to reduce any archaeological impact to a less than significant level before construction continues. If human burials are encountered, :all work in the area. will stop immediately and the Sonoma County coroner's: office shall be notified immediately. If the remains are determined. to be Native American in origin, both the Native American Heritage Commission and any identified descendants must be notified and recommendations for treatmentso'licited (CEQA Section 1.5064.5); Health and Safety Code :Section 7050.5; Public Resources Code Section 5097.94 and 5097.98). Lead Agency: City of Petaluma Water Resources and Conservation Department 'Implementing Agency: Design Engineer and Construction Manager r Timing: Start: Upon certification of the EIR Completion: Completion of construction • Monitoring Agency:. City ofPetaluma Validation: A qualified professional archaeologist shall be consulted if subsurface archaeological or historical remains are discovered. APRIL 16, 2004 PARSONS PAGE 3-36 WATER RECYGLING.EA.CILITI' A:ND RIVER ACCESS IMPROVEMENTS 'REV'I'S'ED MIT"IGATION MONITORING PROGRAM PD-21 Landscaping Design IDescription: The City shall provide landscaping to screen views of the site from northwest-bound Lakeville Highway and residents east of the highway. Landscape °materials in the form of .mature and fast- growing trees (such as the poplars already on site) and other appropriate vegetation at the te's southwestern perimeter would screen the view from. northwest-bound travelers. Where technically feasible, locate ;.new facilities on the southwest portion of the site to increase the viewing distance from the highway. Design the landscaping, buildings and facilities in character with the ,surrounding agricultural uses and subject to site plan and architectural.. review. If new fencing is necessary along Lakeville Highway, locate new fencing for the. wetlands area away from the highway with a landscape buffer between the highway and the fence. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Design Engineer . "Timing: Start: During construction. Complete: Within one year of completing construction of a Project component. 'Monitoring Agency: City of Petaluma Validation:- Specifications for landscape and restoration contracts A'PRlL 16, 2004 PARSONS PAGE 3-37 • WATER RECYCLING FACILITY .AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM ' PD-22 Lighting Design Description: The City shall design lighting for the administration • and maintenance buildings, treatment facilities and parking areas to utilize shielded, low_intensity light sources. Locate light sources low and directed away from off-site viewers. Direct personnel to turn lights on only when needed; do ,not operate exterior lighting continuously or automatically. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Design Engineer and City ofPetaluma Timing: ~ Start: Certification of the EIR Complete: Throughout the life of the project Monitoring Agency: City ofPetaluma Validation: Specifications for each construction contract. The design of the lighting will be verified during the review and certification of Final Engineering Drawings. Thee City will check compliance with installation of the specified lighting and controls during regular inspections of construction. The City will monitor conformance with the operational criteria as part of regular reviews of operation procedures. APRIL 16, 2004 PARSONS PAGE 3-38 WATER R.EC'YC'.LING F.ACILIYY .A,ND R~.INER ACCESS LMPROVEMENTS R:E`VIS'ED' MIfiIGATION MONITORING .PROGRAM PD 23 Fire Protection Description: The City shall provide sprinklers 'in new buildings. In addition to the sprinklers, there will Abe a requirement to install a weather station at the site. This will provide the Fire Department with. weather information in the event. of any potential release of hazardous chemicals iri the future. Fire alarms shall be .installed at the site.. This will quickly alert employees of fire danger and allow them to evacuate the area. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: Design Engineer and City of Petaluma Timing: Start: At start of construction Complefe: Upon completion of construction Monitoring. Agency: City of Petaluma Validation€ Specifications for each construction contract APRIL 16, 2004 PARSONS PAGE 3-39 WATER RECYCLING FACILfTY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM LITIGATION MEASURES This section contains mitigation measures to be implemented. prior to; during; and immediately following project construction. These measures. generally require the construction manager to follow certain constraints during construction and to repair arid'rehabilitate impacts .resulting from construction of the project. Compliance with these mitigation measures would result in minimizing, rectifying, or reducing .adverse environmental impacts. APRIL 16, 2004 PARSONS PAGE 3-40 ~ WATER RECYCLING F-A CPL PTY AND RIVER ACCESS IMPROVEMENTS RE,'VISEq MITIGATION MONITORING PROGRAM LU-1 Anroexation and Change' of General Plan Land Use Designation and Zoning; Description:. The City shall apply •for annexation of Parcels A and B prior to construction of project facilities and change the General Plan Land Use Designation and zoning to a designation that allows allow for public facilities on the site (i.e., Public. and Institutional Land Use Designation and General Industrial .zone). As part of annexation, . the Urban Growth Boundary shall be revised to include Parcels A and B. Lead Agency: Cityof Petaluma Water Resources and Conservation Department dmplement'ing Agency: City of Petaluma Timing: Start: After approval of the project Complete: Prior to the start of construction Monitoring Agency: City of Petaluma Validation: Copy of the LAFCO resolution approving annexation. APRIL 1.6, 2004 PARSONS PAGE 3-44 WATER RECYCLING FACILITY AND RIVER ACCESS IMP"ROVEMENTS REVISED MITIGATION MONITORING PROGRAM GW-1 Drinking Water Well Protection Program Description: The City shall monitor water quality in the nearby drinking water well before and after construction. If changes are .detected after construction that are deemed deleterious to public health, one of the following measures, or an equivalent measure, shall be implemented: ® Drill a new well further from the Water Recycling Facility ¦ Retrofit the existing well, e.g., provide a deeper casing ¦ Provide wellhead treatment system for the constituents that are causing the public health concern. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: After certification of the EIR Complete: Five years after completion of construction • 1Vlonitoring Agency: City of Petaluma 'Validation` Annual monitoring and Technical :Memo describing corrective measures if necessary. APRIL 16, 2004 PARSONS PAGE 3-42 WATER RECYCLING, FACIL,IT'Y AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORJNG PROGRAM WQ-1a Chromium Monitoringand Source Reduction Program Description.: The City shall implement a Chromium. Monitoring- Program to determine if the concentration of chromium in wastewater will cause a significant impact on the receiving water if discharged and, if necessary, identify and control the .source of chromium to avoid causing an impact in receiving waters and to comply with the . anticipated mass emissions limit: If three consecutive samples of chromium during the discharge season exceed the lowest CTR or Basin Plan criterion for chromium. (currently 11 µg/L), the City shall .implement a Chromium Source Control Program. Under this program, the City will establish. or revise as necessary local pretreatment limits for chromium and will provide for enforcement of these limits. Typical chromium sources are industries involving the following uses of chromium: fabrication of alloys; preparation of alloy steels to enhance corrosion and heat .resistance; fabrication of plated products .for decoration or increased wear resistance; production of non-ferrous alloys to impart special qualities to the alloys; textile industry use in dyeing, silk treating, printing; and moth proofing wool; leather industry use for tanning; photographic fixing baths; and fuel additives' and propellant additives. Lead. Agency: City of Petaluma Water Resources and Conservation Department - .Implementing Agericy: Cty.of Petaluma Tirriing: Start: After certification of the EIR Complete: Ongoing Monitoring Agency: City of Petaluma Validation: Annual monitoring reports and Technical Memo describing source reduction program. if needed. APRIL 16, 2004 PARSONS PAGE '3-43 WATER RECYCLING FACILITY AND RJVE'R ACGE'SS' CMPROVEMENT'S REVISED MITIGATION MONITORING PROGRAM WQ-1 b Nickel Monitoring and Source Reduction Program Program IDescription; The City shall implement a Nickel Monitoring Program to determine if the concentration of nickel in wastewater will cause a significant impact on the receiving water if discharged and, if necessary, identify and control the source of nickel to avoid causing an :impact in receiving waters and to comply with the anticipated mass emissions. limit. If three consecutive samples of nickel exceeds the lowest CTR or Basin Plan criterion for nickel (currently 7.1 µg/L), the City shall implement a Nickel Source Control Program. Under this program, the City will establish or revise as necessary local pretreatment limits for nickel and will provide for enforcement of these: limits. Typical nickel source's are manufacturing processes involving the following uses of nickel: plating; for various alloys such as new silver, Chinese silver, German silver; for coins, electrotypes, lightning rod tips; electrical contacts and electrodes, spark plugs, machinery parts; as a catalyst for hydrogenation of organic substances; in the manufacture stainless steels and nickel chrome resistance wire; and for coloring glass. • Lead.Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: After certification of the EIR Complete: Ongoing Monitoring Agency: _ City of Petaluma Validation: Annual monitoring reports. and Technical Memo describing source .reduction program if needed. APRIL 16, 2004 PARSONS PAGE 3-44 WATER RECYCLING FACLL,ITY AND RIVER ACCESS IMPROVEMENTS R.:E'V'I'SED 'M`ITIGATION MONITORING PROGRAM ` WQ-1 c Bis(2-ethylhexyl)phthalate Effluent Monitoring and Source Red'ucti'on Program Description:: The City shall .implement a Bs(2-ethylhexyl)plthalate Effluent Monitoring: Pr"ogr"ain to determine if the concentrations of bis(2- ethylhexyl)phthalate in :effluent will cause a significant impact' on the receiving water if discharged. Monitoring shall be done at least twice a year for a period of at least three years. If three consecutive samples during discharge sea. son of bs(2-ethylhexyl)phthalate `results in receiving water concentrations that exceed the. water quality criterion, the City shall implement a source control program for bis(2-ethylhexyl)phthalate. ,Under this program, the City will establish local pretreatment limits and provide for enforcement of these limits. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: After certification of the:E1R Complete: Five years after completion of construction Monitoring .Agency: City of Petaluma Validation: .Annual monitoring reports and Technical Memo describing source reduction program if needed. APRIL 16, 2004 PARSONS PAGE 3-45 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM WQ-1 d Constituents not IVlonitored in Effluent Monitoring and Source Reduction Description: The City shall implement an Unmeasured Priority Pollutant Monitoring Program 'to .determine- if the concentrations of aldrin, 2,3,7,8-TCDD, acrolein, and acrylonitrile in effluent will cause a significant impact on the receiving water if discharged. Monitoring -shall be done at least twice a year for a period of at least three years. If three consecutive samples during discharge season of any of these .compounds results in receiving water concentrations that. exceed the water .quality criterion, the City shall implement a source. control program for that compound. Under this program, the City will. establish local pretreatment limits and provide for enforcement of these limits. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma 'M'iming: Start: After certification of the EIR . Complete.: Five years after completion of construction Monitoring Agency: City of Petaluma ' Validation: Annual monitoring reports and Technical Memo describing source reduction program ~if needed. APRIL 76, 2004 PARSONS ~ PAGE 3-46 WATER RECYCLING FACILITY AND RIVER A'GCESS IMPROVEMENTS REVISED MITIGATION MONITOR.I'NG PROGRAM UVQ-1e DiozinlFuran Congener Monitoring and Source.Reduction Program Description: The City shall implement a Dioxin/Furan Congener Monitoring Program to determine if the concentration of dioxin/furan congeners in wastewater will cause, a significant impact on the receiving water if discharged and, if necessary, identify and control the source of dioxin/furan congeners to avoid causing an impact in receiving waters and to comply with the anticipated mass emissions limit.. If the. TEF normalized concentration of three consecutive samples. of a dioxin/furan congener exceeds the lowest CTR or Basin Plan criterion. for :2,3,7,8-TCDD (currently 0.014 µg/L) or any future CTR or Basin Plan. criterion established for-that congener, the City shall implement a Dioxin/Furan Congener Source Reduction Program for non-atmospheric sources of dioxin/furan congeners. Under. this program, the City will establish local pretreatment limits for non-atmospheric sources. of the dioxin/furan congener and will provide for enforcement of -these limits. Lead Agency: City of Petaluma Water Resources and. Conservation Department • Implementing Agency: City of Petaluma Timing.: Start; After certification of the EIR Complete: Ongoing Monitoring Agency: City of Petaluma Validation: Annual :monitoring reports. and Technical Memo describing source reducfion program if needed. 'APRIL 16, 2004 PARSONS PAGE 3-47 WATER RECYGL.ING FACILITY A.ND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM BIO-1 a ,Aquatic Species Protection Program Description: Thee City shall :implement an Aquatic Species Protection Plan,~as follows: • A Worker Environmental Awareness Training Program for construction personnel shall be provided. • Any ground-disturbing construction activity in Ellis Creek (i.e., in the bank or bed of the channel) shall be 1) conducted when no or low freshwater flow from upstream into the work area (which will potentially be tidal at the time of construction) is occurring to avoid downstream transport of sediment. and impacts on any migrating salmonid fish, or other rare aquatic species; and 2) conducted between coffer dams around which any tidal or stream .flow shall be routed. Prior to coffer .dam installation, a qualified biologist shall seine the area. between the dams aril the, area within25 feet of the dams to determine if sensitive, species are present. If sensitive species are present, they should be relocated in consultation with NMFS, USFWS and DFG consistent with federal and State regulations. • Facilities shall be located and constructed using methods that minimize the oss of existing riparian vegetation. Unavoidable loss of riparian vegetation shall be mitigated by planting sufficient riparian vegetation of like species so as to compensate for the loss. • A 20-foot buffer zone .from the top of the bank of Ellis Creek shall be established, where feasible, and .fenced .during construction. • If aquatic habitat .must. be removed, create or restore like habitat on site at a compensatory ratio of 1:1'(1 acres of restored habitat for every 1 `acre impacted) or as required by the Corps of Engineers or Regional Water Quality Control Board. Identify opportunities to improve current habitat conditions within Bllis Creek and implement, where feasible. Cropped upland is available as mitigation sites for salt marsh, freshwater marsh,. or stream impacts. Shollenberger Park also has sites available for mitigation for river habitat impacts. ® Best management: practices shall be implemented to control erosion, sedimentation, and runoff of pollutants. As an appropriate example, .best management practices are decribed in the CAltrans Storm Water Quality Handbooks: APRIL 16, 2004 PARSONS PAGE 3-48 WATER RECYCLING FACfLITY ,A.ND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM Construction Site Best Management Practices Manual .(November 2000),. Refer ~to PD-8 for a potential list. ~ These shall be implemented as necessary under the supervision of the construction manager. Detailed specifications shall be incorporated onto bid. documents and construction drawings. • Construction and grading activities that would affect Ellis Creek, or upland. areas that might erode into the creek, shall be restricted to the dry season. Lead Agency: City of Petaluma Water Resources .and Conservation Department Implementing Agency: City of Petaluma Timing: Start: Before start of construction. of the affected area Complete: Upon completion of construction Monitoring Agency: City of Petaluma and Construction Manager Validation: Annual report APRIL 16, 2004 PARSONS PAGE 3-49 WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM BIO-1 b Rare, Threatened and :Endangered Plant Protection Program Description: The City shall retain a qualified biologist to conduct floristically- .based surveys for special-status plants in accordance with the CDFG's "Guidelines for Assessing the Effects of Proposed Developments on Rare and Endangered Plants and Plant Communities" prior to initiation of construction activities. The purpgse of these surveys will.. be to locate and identify any special- status plants that may occur in the proposed construction zone. If special-status plants are located during the surveys, exclusionary _ buffer zones (recommend a minimum 20-foot buffer, where feasible) shall be established around each population site. Mesh fencing shall be installed at the boundary of the exclusionary buffer zone prior to initiation of construction activities. If complete avoidance cannot be achieved, the City shall submit a site-.specific mitigation and compensation program for the affected plants in consultation with the CDFG. The mitigation program shall include the results of the ,surveys, delineation of suitable habitats for restoration or planting of rare species, procedures for obtaining seed. before construction, and performance standards for success of the mitigation program. Sufficient areas exist along Ellis Creek and elsewhere on the site to create or restore plant communities if needed. . ~ .Lead ;Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start:- ,After certification of the EIR start of construction Complete: Upon completion of construction Monitoring Agency: City ofPetaluma Valid'ationi Annual report APRIL 16, 2004 PARSONS PAGE 3-50 WATER RECYCLING FACI,LIT'Y A"N°O RIVER ACCESS IMPROVEMENTS R-EV.I`SE,D MITIGATION MONITORING PROGRAM B10-1 c Wildlife Protection Program Description: The City'shall implement rules of thepublie areas on:Parcels A and B to require dogs to be ..leashed. at all times. In addition, rules will be established requiring the public to remain on established trails. Lead Agency: City of Petaluma Water Resources and Conservation Department . and City of Petaluma Parks and Recreation Department Implementing Agency: City of Petaluma Timing: Start:. Upon completion of construction Complete: Throughout the life of the project Monitoring Agency: City of Petaluma and Construction Manager Validation: Copy ofrules APRlL 16, 2004 PARSONS PAGE 3-51 WATER RECYGLLN.G FAC-,I,LITY AND RIVER ACCESS IMPROVEMENT'S REVf-SED MITIGATION MONITORING'PROGRAM BIO-2:a Active Raptor and ~Nligratory Bird Nest Protection Program Description: The . City shall retain a qualified biologist to conduct pre- construction surreys to determine if any active raptor or migratory bird nests occur within 500 feet of the project area at least two weeks prior to initiation of eonstrucfion activities. If active nests are. located in the tudy area, construction exclusion zones shall be established around each active nest. Appropriate construction exclusion .zones shall be established through consultation with CDFG. Construction activities shall be prohibited within exclusion zone until the end of the nesting season. During construction, a qualified biologist shall monitor each nest to evaluate potential :nesting disturbances .caused by the construction activities. The monitor shall have the .authority to stop construction if it appears to behaving a negative impact on the nesting raptors. The monitor shall also monitor the nest to determine when, the young have, fledged .and submit weekly reports to the CDFG and the City of Petaluma throughout the nesting season. Lead Agency: City of Petaluma Water Resources :and Conservation Department Implementing Agency: City of Petaluma Timing: Start: After certification of the EIR start. of construction Complete: Upon completion of construction Monitoring Agency: City of Petaluma and Construction Manager ' Validation: Annual report APRIL 16, 2004 PARSONS PAGE 3-52 WATER RECYCLING FACILITY,A'ND RIVER ACCESS IMPROVEMENTS ' REVISED M1T7GATION MONITORING PROGRAM BIO-2b 'Rookery Protection Program Description: A qualified biologist will conduct pre-construction surveys to determine if rookeries or other nests occur within 5.00 feet. of the project area. A construction exclusion zone shall be maintained around each rookery between January 15-.and June 15 to ensure that no construction activities occur within 500 feet of an active rookery (personal. communication, Wilcox 2001). " If an active rookery is found, a qualified. biologist shall monitor the rookery to evaluate potential. disturbances -caused by the construction activities. The monitor shall have the authority to stop construction if it appears to be having a negative impact on the .rookery. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: After cerfification of the EIR start of construction Complete: Upon completion of construction ce ~ Monitoring Agency: City of Petaluma and Construction Manager Validation: Annual report APRIL 76, 2004 PARSONS PAGE 3-53 WATER RE;GYC"LING FACILI'TY.A:ND RIVER AGGESS IMPROVEMENTS REVISED MITIGATION MONITORING PROGRAM BIO-7 Create or Restore Wetlands and'VUaters of the U.S. Description: The City shall prepare a Conceptual Wetland Mitigation and Monitoring Plan that requires revegetation of temporary impacts to wetlands and. compensatory creation of wetlands for permanent impacts. The Plan shall include a planting palette, a conceptual. planting plan, performance. criteria, and procedures for maintenance and monitoring. Mitigation will be on site and in . kind, if possible. ' Compensatory mitigation for' permanent impacts shall be .provided at a.ratio of .1:1, that is, 1 acres of wetland habitat created for every acre .filled, or at the rati°o prescribed by the Corps of Engineers or Regional Water Quality Control Board. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing Agency: City of Petaluma and Design Engineer Timings Start: After certification of the EIR start of construction . Complete:- Upon completion of construction ~ - 1Vlonitoring. Agency: City of Petaluma Validation: Annual. report APRIL 16; 2004 PARSONS PAGE 3-54 • WATER RECY~Ct9.NG FACICI'T.•Y AND, RfVER ACCESS IMPROVEMENTS R'E:VISE,D 'M•ITIGATION .MONITORI'N'G PROGRAM TR-1 a Reroute Construction Worker Trips Description: Before 9:00 AlVI and after 4:0.0 PIvi, and after the new access road _ is constructed, construction workers shall be required to enter and ' exit Lakeville Highway at McDowell Boulevard. Lead Agency: City of Petaluma Water Resources and Conservation Department Implementing; Agency: Construction Manager Timing: Start: At start of construction. • Complete: Upon completion of construction. Monitoring Agency:' City of Petaluma Validation: Specifications in each construction contract APRIL 16, 2004 PARSONS PAGE 3-55 I ~ WAT'ER RECYCLING FACILITY AND RI'V'ER ACCESS IMPROVEMENTS RE'V15ED MITIGATION MONITORING PROGRAM TR-1.b . Install Signage to Reroute Employee and VisitorTrips Description: The City shall install an informational sign on Lakeville Highway just west of the intersection with McDowell Blvd., indicating that the new wetlands park. can be accessed by turning. right on McDowell. Blvd. in. addition, the City shall install a sign as visitors leave the wetlands park to prohibit a right turn into Pine View between 4:00 and 6:00 P1VI on weekdays. Lead Agency:. City of Petaluma Wafer Resources and Conservation Department Implementing Agency: City of Petaluma Timing: Start: Upon completion of construction Complete: Throughout the life of the project Monitoring Agency: City of Petaluma and Construction Manager Validation: Copy of signage APRIL 16, 2004 PARSONS PAGE 3-56