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HomeMy WebLinkAboutResolution 2008-206 N.C.S. 11/03/2008Resolution No. 2008-206 N.C.S. of the City of Petaluma, California RESOLUTION OF THE COUNCIL OF THE CITY OF PETALUMA CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE PETALUMA WATER RECYCLING EXPANSION PROGRAM; APPROVING THE PROJECT; AND MAKING FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, the City of Petaluma proposes to implement. the Water Recycling Expansion Program under the General Plan 2025 for the purposes of maintaining compliance with the summertime discharge prohibition in the Petaluma River and providing an alternative water supply that will offset the use of potable water; and WHEREAS, the adoption and implementation of the WREP requires compliance with the California Envirommental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.); WHEREAS, the City of Petaluma has successfully operated a recycled water program since the 1970s that has allowed compliance with the summertime discharge prohibition in the Petaluma River and has provided valuable irrigation water to agricultural users; and WHEREAS, the City of Petaluma General Plan 2025 includes implementation of an expanded recycled water program to provide approximately 464 MG per year of recycled water to offset potable water use; and WHEREAS, the Notice of Preparation for the Water Recycling Expansion Program (WREP) Environmental Impact Report (EIR) was distributed to the State Clearinghouse and to interested and responsible local and state agencies on May 30, 2007; and WHEREAS, a public informational pre-scoping meeting was held at the Petaluma Community Center on May 31, 2007; and WHEREAS, a scoping meeting was held at the Petaluma Community Center on June 12, 2007; and WHEREAS, the prescoping and scoping meetings were noticed in the Press Democrat and Petaluma Argus Courier, and through email distribution; and WHEREAS, the scoping period ended on July 2, 2007; and WHEREAS, on April 7, 2008, after noticed public hearings before the Planning Commission and the City Council and following amulti-year process which evaluated the General Plan 2025 and its environmental impacts, the City Council certified the EIR for the General Plan 2025 update by adopting Resolution No. 2008-058 N.C.S.; and WHEREAS, on May 19, 2008, after noticed public hearings, the City Council adopted Resolution No. 2008-084 N.C.S. Making Findings of Fact, Adopting a Statement of Overriding Considerations and Adopting an Implementation Plan and Mitigation Monitoring Program in Resolution No. 2008-206 N.C.S. Vage I Support of the General Plan 2025, Pursuant to the California Environmental Quality Act, prior to City Council adoption of the General Plan 2025; and, WHEREAS, on May 19, 2008, the City Council adopted Resolution No. 2008-085 N.C.S. Adopting the General .Plan 2025, including the Water Demand and Supply Analysis Report (2006). With respect to water, the Plan. identified four primary water supply sources for the City: (1) potable water from Sonoma County Water Agency; (2) groundwater from City wells; (3) potable offset via recycled water; (4) and water use reduction through conservation. Direction was given by City Council to implement the recycled water program through the General Plan 2025 adoption; and, WHEREAS, the public comment period on the WREP Draft EIR began July 7, 2008; and, WHEREAS, a Notice of Availability of the Draft EIR was published in the Petaluma Argun Courier on July 3, 2008, and the Press Democrat on July 7, 2008, and was emailed and mailed on July 7, 2008, to various local agencies, interested groups and individuals; and, WHEREAS, the Draft EIR was distributed to federal, state and local governments and made available at City Hall, the Water Resource and Conservation Department, the Petaluma Library, the Senior Center, the Community Center, and the Chamber of Commerce; and, WHEREAS, the public comment period closed on August 20, 2008, after a 45-day public review period; and, WHEREAS, on August 26; and September 8, 2008, public hearings on the Draft EIR were held before the Petaluma Planning Commission and City Council, respectively; and, WHEREAS, during the 45-day public comment period, the City of Petaluma received six comment letters, which included 44 comments, on the Draft EIR; and, WHEREAS, written and oral comments to the Draft EIR have been received and responses to those comments have been prepared in the form of a Final EIR; and, WHEREAS, Section 21081(a) of the Public Resources Code requires the City Council to make one or more findings with respect to each significant adverse environmental effect of the WREP and to evaluate alternatives to the WREP; and, WHEREAS, findings regarding each significant adverse environmental effect of the WREP and mitigation measures which reduce each effect are set forth in Exhibit A; and, WHEREAS, Section 21081(a)(3) of the Public Resources Code requires the City Council to make one or more findings with respect to alternatives to the Project studied in the EIR if all significant effects of the Project are not mitigated to insignificance; and, WHEREAS, findings regarding alternatives to the Project studied in the EIR are set forth in Exhibit A; and WHEREAS, after identification and inclusion of all feasible mitigation, certain impacts will remain significant and unavoidable including cumulative increase in greenhouse gas Resolution No. 2008-206 N.C.S. Page 2 emissions, and cumulative traffic congestion, delays., access restrictions and hazards during construction; and, WHEREAS, Public Resources Code Section 21081(b) requires that the City Council find that specific economic, legal, social, technological or other considerations outweigh any significant environmental effects of the Project which cannot be fully mitigated; and, WHEREAS, a Statement of Overriding Considerations consisting of the City's findings and determination regarding the WREP's benefits as compared to its significant and unavoidable environmental effects is contained in Exhibit A; and, WHEREAS, CEQA Guidelines Section 1509(d) requires the City to adopt a program for reporting on the mitigation measures which have been incorporated into the WREP to lessen environmental effects; and, WHEREAS, pursuant to CEQA, a Mitigation Monitoring and Reporting Program has been prepared, and is contained in Exhibit B; and, WHEREAS, it is intended that future projects of the WREP which are consistent with the WREP EIR and the findings contained herein, will utilize the WREP EIR to satisfy CEQA requirements for evaluation of environmental effect of specific WREP projects. NOW, THEREFORE, BE IT RESOLVED that: 1. The Final EIR has been completed in compliance with CEQA. 2. In certifying the Final EIR, the City Council has considered the Final EIR, including the Draft EIR, the comments received on the Draft EIR and responses to such comments, all written and oral information presented to the Council, and other information in the Council's record of proceedings. 3. The EIR represents the independent judgment. and analysis of the City Council. 4. The City Council hereby certifies the Final EIR for the Water Recycling Expansion Program as complete and adequate and in compliance with CEQA. 5. The City Council hereby makes findings of fact and these findings are attached hereto as Exhibit A. 6. The City Council has balanced the potential adverse environmental impacts of the Project with the benefits of the Project, and hereby adopts a Statement of Overriding Considerations included in Exhibit A. 7. The City Council hereby adopts the Mitigation.. Monitoring Program for the Project included as Exhibit B. The City Council hereby approves the Water Recycling Expansion Program. 9. The City Council directs staff to implement the Near-Term Improvements immediately. Resolution No. 2008-206 N.C.S. Page 3 10. The Draft EIR, Final EIR, 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. 11. The Environmental Review Coordinator is directed to file a Notice of Determination for the revisions to the project adopted hereby. Under the power and authority conferred upon this Council by the Charter ol~ said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap roved as to Council of the City of Petaluma at a Regular meeting on the 3`d day of November, ~ i orin: 2008, by the following vote: ~ AYES: Barrett, Freitas, Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Cit~Attorney Resolution No. 2008-206 N.C.S. Page 4 EXHIBIT A TO RESOLUTION 2008-206 N.C.S. Statement of Findings, Facts, and Overriding Considerations Pursuant to the California Environmental Quality Act in Support of Adoption of the .Petaluma Water Recycling Expansion Program Findings of Fact Pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"}, 14 California Code of Regulations, Section 15000 et seq. ("CEQA Guidelines") and Sections 12.3.0 and 13.3.1 of the City of Petaluma Environmental Review Guidelines, the City Council hereby makes the following findings in support of approval of the Petaluma Water Recycling Expansion Program ("Project"). An Environmental Impact Report ("EIR") was prepared by the City of Petaluma ("City") for the Project. The EIR will be certified in the same action as approval of the .Project. The EIR consists of a Draft EIR and Final EIR. The EIR provides the basis for these findings and is incorporated by reference. I. Introduction and Project Description The Project consists of recycled water use for agricultural and urban uses within the Urban Growth Boundary of the City of Petaluma and unincorporated areas of Sonoma County south and east of the City. At build-out, the Project would provide approximately 650 MG per year of tertiary recycled water for urban reuse and approximately 375 to 420 MG per year of secondary recycled water for agricultural reuse for a total of 1,025 to 1,070 MG per year. Of the tertiary recycled water to be used, approximately 464 MG would contribute to potable offset. The Project requires conveyance facilities, including distribution pipelines, a 2.2-MG storage tank for tertiary treated recycled water, a 0.5 to 1.0-MG open reservoir for secondary treated recycled water, a new pump station, and associated connecting .pipelines and other appurtenances. The Project would occur in phases starting in 2009. Near-term conveyance improvements (pipelines and storage tank) were evaluated at a project level of detail; the remainder of the improvements and the use of recycled water were evaluated at a program level of detail. The EIR does not assess site-specific impacts of the Program-Level Improvements. Future approvals of the Program-Level Improvements will be subject to site-specific environmental review, at the level required by CEQA and State and/or local law. II. Findings as to Environmental Effects. A. Findings Regarding Impacts Which Remain Significant after Mitigation. The EIR identified four significant unavoidable impacts: Air Quality Impact AQ-C6, cumulative increase in greenhouse gas emissions, and three impacts which are related Transportation and Circulation Impacts , TR-C 1, C2, and C3 arising from potential cumulative traffic congestion, delays, access restrictions and hazards during construction which may arise if WREP project construction were to overlap with as yet unscheduled City, County, and/or CalTrans projects involving some of the same roadways. These traffic construction impacts would be temporary, lasting only during the time of active WREP construction With regard to Air Quality Impact AQ-C6, this impact is the same as the cumulative greenhouse gas emissions impact which was studied in the General Plan 2025 EIR and made the subject of findings and a Statement of Overriding Considerations at the time of adoption of the General Plan 2025, because the General Plan included implementation of the WREP. The General Plan 2025 and its EIR are incorporated by reference and summarized herein, particularly as to the Revised Draft General Plan 2025, "Air Quality: Greenhouse Gas Emissions" and the Revised Draft Environmental Impact Report Volume S.A; Appendix G.l , "Greenhouse Gas Emissions" Resolution No. 2008-206 N.C.S. Page 5 (November 2007). The General Plan 2025 EIR quantified GHG emissions, identified the most recently available GHG strategies from a variety of sources, including the California Air Resources Board, and incorporated an extensive list of GHG reduction policies and programs regarding resource conservation, energy efficiency, renewable energy, smart land use and multi-modal transportation. The City has identified extremely aggressive municipal and community goals for GHG reduction through its Resolution 2005-118. Evaluation and mitigation of the effects of climate change by local agencies is currently in a state of regulatory and technological uncertainty, and no State or regional body has yet adopted significance thresholds for determining environmental significance as to greenhouse gas emissions. As a result, measuring the effects of national, State and regional GHG reduction measures in Petaluma and the effect of local GHG reduction measures in Petaluma on the larger regional, State and global environment for CEQA purposes is also uncertain and difficult to quantify. Therefore, the General Plan 2025 EIR concluded that it cannot be determined to a reasonable degree of certainty that build-out under the General Plan 2025, which includes implementation of the WREP, will not result in a cumulatively considerable incremental contribution to the significant cumulative impact of global climate change. Therefore, this impact is considered significant and unavoidable. With regard to Transportation and Circulation Impacts TR-C 1, C2, and C3, a number of proposed construction projects in the WREP study area could have overlapping effects on traffic. These construction projects include street reconstruction and widening projects and pipeline replacement projects proposed by the City of Petaluma, the Sonoma County Public Works Department, and Caltrans. These projects will ultimately improve traffic flow, but would cause temporary traffic. congestion, delays, access restrictions and hazards during the construction period. In addition, the City of Petaluma is proposing a number of storm water, wastewater, and potable water utility projects, all of which would disrupt roadways and have construction-period impacts on traffic. Project Description Measure 1 1, Standard Traffic Control Procedures, requires the City to coordinate construction schedules to reduce overlapping of impacts. However, the number and extent of the other projects is not known at this time, and if other projects are constructed simultaneously with the program-level improvements, the WREP may make a considerable contribution to significant cumulative traffic impacts. Therefore, this impact is considered significant and unavoidable. B. Findings and Recommendations Regarding Potentially Significant Impacts Which Are Avoided or Reduced to Less-than-Significant by Mitigation. The EIR also identified 16 significant impacts that, with mitigation, can be reduced to less-than- significant levels. Table A-1 lists the 16 significant impacts and the mitigation that reduces the impact. Table A-l: Significant Impacts and Mitigation Measures that Reduce Impact to Less than Significant Significant Impact Mitigation Measure(s) that Reduces Impact to Less than Significant Land Use Impact LU-6 LU-1 Replacement of Open Space (convert public open space for Project facilities) Easements Agricultural and Soil Quality Impact AG-5 AG-1 Purchase Locally Grown or (damage vineyards from increased glassy-winged Inspected Plants shar shooter Hydrology and Water Quality Impact HWQ-1 (violate water quality standard or non-attainment HWQ-1 Pond or Dam Seepage of TMDL's; Hydrology and Water Quality Impact HWQ-5 HWQ-1 Pond or Dam Seepage (degrade groundwater quality at water wells) Resolution No. 2008-206 N.C.S. Pale 6 Significant Impact Mitigation Measure(s) that Reduces Impact to Less than Significant Noise Impact NOI-3 NOI-1 Pump Station Noise Control (generate noise levels exceeding regulations) BIO-la Avoid the Loss of Candidate, Sensitive or Special Status Species and Biological Resources Impact BIO-1 their Habitats BIO-1 b Rare, Threatened and (loss of protected species or its habitat) Endangered Plant Protection Program BIO-4a Native Wildlife Nursery Protection Pro ram BIO-2a Avoid Loss of Riparian Habitat or Biological Resources Impact BIO-2 Other Sensitive Natural Communities (effect on any riparian habitat) BIO-2b Avoid loss of Aquatic Habitat due to O en Reservoir Biological Resources Impact BIO-3 BIO-3 Avoid Fill and Other Impacts to (removal or fill of wetlands) Jurisdictional Waters and Wetlands BIO-4a Native Wildlife Nursery Protection Biological Resources Impact BIO-4 Program (interfere with migratory fish or wildlife) BIO-4b Avoid Blocking Major Wildlife Mi ration or Travel Corridor Biological Resources Impact BIO-5 g1O-5 Avoid Permanent Impacts to (loss of protected trees or Sonoma County critical Protected Trees habitat BIO-la Avoid the Loss of Candidate, Biological Resources Impact BIO-6 Sensitive or Special Status Species and (conflict with an adopted Habitat Conservation their Habitats Plan) BIO-1 b Rare, Threatened and Endan eyed Plant Protection Pro ram CR-1 a Identify and Avoid or Minimize Cultural and Paleontological Resources Impact CR- Impacts to Cultural Resources (Project 1 Level) (adverse change in significance of historical or CR-1 a .Identify and Avoid or Minimize archeological resources) Impacts to Cultural Resources (Program Level Cultural and Paleontological Resources Impact CR- CR-2 Evaluation and Treatment of 3 destro uni ue aleontolo ical resource Paleontological Resources Visual Resources Impact VR-2 VR-1 Landscape Screening inconsistent with Scenic Landscape Unit Visual Resources Impact VR-4 VR-1 Landscape Screening (inconsistent with General Plan 2025 policies Visual Resources Impact VR-5 (adverse effect on foreground or middleground VR-1 Landscape Screening views The full text of the mitigation measures is included in Chapter 3, Mitigation Monitoring Program of the EIR, which is adopted as part of the Resolution approving the Project. Impact LU-6 Will the WREP convert public open space for project facilities? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measures LU-1 requires a contribution of funds by the City to the Sonoma County Agricultural Preservation and Open Space District equal to the natural resources value of any open land or easement taken Resolution No. 2008-206 N.C.S. Yage 7 for the open reservoir and/or pump station envisioned in the later long-term phase of the WREP, should sighting of those improvements impact land protected by an open space easement. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. .Rationale: Because the open reservoir and pump station have not been sighted at this time, and may not be for some years, it is impossible to conclude in fhis EIR that there will be no significant impact on open space from those improvements. The near term improvements do not impact open space. Should future sighting have an open space impact, contribution of a like kind amount equal to the value of the resource taken will provide equivalent open space value. 2. Impact AG-5 Will the WREP cause damage to adjacent vineyards by increasing glassy- winged sharpshooter populations? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure AG-1 requires that all landscaping plants and materials be purchased from locally grown stock or from a nursery which has an approved monitoring program for the glassy-winged sharpshooter. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: Control of plants and landscaping materials introduced to the area of the WREP improvements will ensure that no glassy-winged sharpshooter-infected plants are used avoiding an increase in the glassy-winged sharpshooter population in the areas affected by the WREP. 3. Impact HWQ-1 Will operation of the WREP cause a violation of any narrative or numeric water quality standard or result in non-attainment of established TDMIs? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure HWQ-1 Requires the City to perform hydro-geologic studies at the time the open reservoir is sited in the later phase for the long-term improvements to determine the extent of any seepage expected at that location, and to adopt appropriate measures from a list of options identified to control seepage. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: The operation of the storage tank and pipelines will not release recycled water into groundwater or surface water. At the time a location for the open reservoir is chosen, and prior to its construction, hydro-geologic studies will determine how much, if any seepage can be expected to occur during operation of the reservoir. Based on that study, the City will require, it indicated by the likelihood of seepage, that control measure from a list of options be used, ranging from natural clay liners to synthetic liners, to a system of nearby wells to pump seepage to the surface and return it to the reservoir. This mitigation measure is mandatory, and therefore control of the seepage will mitigate this potential impact. 4. Impact HWQ-5Will the WREP degrade groundwater quality at existing or future drinking water wells, resulting in a public health hazard? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure HWQ-1 Requires the City to perform hydro-geologic studies at the time the open reservoir is sited in the later phase for the long-term improvements to determine the extent of any seepage expected at that location, and to adopt appropriate measures from a list of options identified to control seepage. Resolution No. 2008-206 N.C.S. Page 8 Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: The operation of the storage tank and pipelines will not release recycled water into groundwater or surface water. At the time a location for the open reservoir is chosen, and prior to its construction, hydrogeologic studies will determine how much, if any seepage can be expected to occur in operation of the reservoir. Based on that study, the City will require, if indicated by the likelihood of seepage, that control measure from a list of options be used, ranging from natural clay liners to synthetic liners, to a system of nearby wells to pump seepage to the surface and return it to the reservoir. This mitigation measure is mandatory, and therefore control of the seepage will mitigate this potential impact. 5. Impact NOI-3 Will operation of the WREP generate noise levels exceeding local regulatory criteria or cause a substantial permanent increase in ambient noise levels above existing levels at sensitive receivers in the vicinity? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure NOI-1 requires noise control measures at the pump station, when it is sited as part of the long-term improvements. Specific details, requirements, and performance standards for the plans and programs required by Mitigation Measure NOI-1 are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, incorporated herein by reference, and imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: The impact identified relates only to the. pump station proposed for a future site near the Petaluma Golf and Country Club. When it is sighted, location and design of the pump station will include noise control measures which are expected to reduce noise levels at least 10 to 1 S dBA, including, as appropriate, enclosing the pump station within a pump house, locating it away from existing residential land uses, designing of all pump station facilities with openings facing away from the nearest sensitive receptors, use of weather-stripped steel doors, caulking wall-roof intersection to be airtight; and additional noise controls as recommended by the noise control engineer, such as acoustical louvers, acoustically lined plenums or other treatments for quiet ventilation of the pump station building. 6. Impact BIO-1 Will the WREP result in the loss of any species identified as a threatened, endangered, candidate, sensitive orspecial-status species or its habitat? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure BIO-1 a requires the City to avoid the loss of candidate, sensitive or special status species and their habitats; BIO-1 b requires preparation of and conformance with a rare, threatened and endangered plant protection program; and BIO-4a requires implementation of a native wildlife nursery protection program. Specific details, requirements, and performance standards for the plans and programs required by Mitigation Measures BIO-1 a, 1 b and 4a are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, are incorporated herein by reference, and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: The mitigation programs provide for reconnaissance-level surveys and compliance with all applicable state and federal protocols for management of any affected species found in the project area. These surveys, protocols and a list of avoidance and compensatory measures for the various species warranting special review are found in Chapter 3 of the EIR, Mitigation Monitoring Program, and compliance requirements are imposed by the adoption of the Mitigation Monitoring Program as part of this Resolution.. Resolution No. 2008-206 N.C.S. Page 9 7. Impact BIO-2 Will the WREP have a substantial adverse effect on any riparian habitat or other sensitive natural community? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure BIO-2a requires the City to avoid the loss of riparian habitat or other sensitive natural communities; BIO- 2b requires fhe City to avoid loss of aquatic habitat due to open reservoir. Specific details, requirements and performance standards for the plans and programs required by Mitigation Measures BIO-2a and 2b a are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, are incorporated herein by reference and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: Potential impacts are identified as significant relating to the long term improvements, including the open reservoir, pump station and later phase pipelines. Sighting of these improvements will be required to avoid riparian habitat or other sensitive natural communities and/or replace them in kind at appropriate replacement ratios. This mitigation will be revisited and expanded if necessary, as part of additional environmental analysis when the long-term improvements are proposed for specific locations. 8. Impact BIO-3 Will the WREP hove a substantial adverse effect on protected waters through direct removal, filling or other means? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure BIO-3a requires the City to avoid the fill and other impacts to jurisdictional waters and wetlands as part of its sighting for the long term improvements. There is no impact from the near term improvements which requires mitigation. Specific details, requirements and performance standards for the plans and programs required by Mitigation Measure BIO-3 are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, are incorporated herein by reference and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: Potential impacts are identified as significant only relating to the long term improvements, including the open reservoir, pump station and later phase pipelines. Sighting of these improvements will be required to provide compensatory mitigation of permanent impacts at such time as those impacts are identified when the long term improvements are proposed for specific locations. 9. Impact BIO-4 Will the WREP interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure BIO-4a, the native wildlife nursery protection program, requires a preconstruction survey as to the storage tank and underground pipelines (the near-term improvements) to determine if active nests exist within 500 feet of the construction zone. and if so, to take actions to buffer and monitor so that nests are not disturbed. BIO-4a and 4b will apply to the long term improvements, when sited. BIO-4b requires the city to avoid blocking major wildlife migration or travel corridors. Specific details, requirements and performance standards for the plans and programs required by Mitigation Measure BIO-4a and 4b are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, are incorporated herein by reference and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Resolution No. 2008-206 N.C.S. Page 10 Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmentdl effect as identified in the EIR. Rationale: The near term improvements are subject to apre-construction survey of nesting activity, with buffering and monitoring required if any active nests are found within 500 feet of construction activity. Neither the storage tank nor the underground pipelines will present impassible barriers to other open space areas, and there is sufficient open space surrounding the tank site for animals to move around the structure. The same study, buffering and monitoring activity for active avian nests applies to the long-term improvements. There are no terrestrial species in the region of the. long-term improvements that use specific major migratory or travel corridors. If the long-term improvements involve construction at stream crossings or near streams, any construction would have to comply with California Department of Fish and Game ("CDFG") and National Marine Fisheries Service regulations for anadromous fishes, restricting in-stream activities to summer months and designing culverts and underpasses according to CDFG guidelines. 10. Impact BIO-5 Will the WREP result in the loss of protected trees or Sonoma County designated critical habitat? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure BIO-5 would apply to the long-term improvements, the open reservoir, pump station. and related pipelines and require avoiding permanent impacts on protected trees, should any be involved in later sighting of the long-term improvements. Specific details, requirements and performance standards for the program required by Mitigation Measure BIO-5 are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, are incorporated herein by reference and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in fhe EIR. Rationale: No trees will be damaged or removed for the near-term improvements. BIO-5 will apply to the long-term improvements, when sited, and will require the city to avoid damaging or removing protected trees or designated critical habitat. The long-term improvements are studied only at a program level in this EIR and will be subject to additional environmental review and. CEQA compliance before their location and construction can be approved, with additional information provided at that time. 11. Impact BIO-6 Will the WREP conflict with the provisions of an adopted Habitat Conservation Plan or other approved local, regional or state habitat conservation plan? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure BIO-1 a requires the City to avoid the loss of candidate, sensitive or special status species and their habitats; BIO-1 b requires preparation of and conformance with a rare, threatened and endangered plant protection program; and BIO-4a requires implementation of a native wildlife nursery protection program. Specific details, requirements and performance standards for the plans and programs required by Mitigation Measures BIO-1 a, 1 b and 4a are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, are incorporated herein by reference and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: There are seven habitat conservation plans which cover species or habitat that occurs within the WREP area, including the Sonoma sunshine, the Marin western flax, the California freshwater shrimp, steelhead, the California red-legged frog, the California clapper rail, and the salt marsh harvest mouse. Other than the Central California Coast steelhead ESU, no critical habitat has been identified for these species, although they are subject to recovery Resolution No. 2008-206 N.C.S. Pagel l plans or draft recovery plans. If any of the identified species are actually found in the project area, avoidance measures and detailed compensatory measures will be implemented as outlined in Chapter 3 of the EIR, Mitigation Monitoring Program, which will result in conditions consistent with the habitat conservation plans. 12. Impact CR-1 Will the WREP cause a substantial change in the significance of a historical or archeological resource as defined in Title 14, California Code of Regulations §15064.5 or have an adverse effect on any historic property that is included in, or eligible for inclusion in, the National Register of Historic Places? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure CR-la, will require the City to identify and avoid or minimize impacts to cultural resources.. Specific details, requirements and performance standards for the plans and programs required by Mitigation Measures CR-1 a are contained in Chapter 3 of the EIR, Mitigation Monitoring Program; are incorporated herein by reference and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: Although several archaeologic and historic resources are known to exist in the area of the near term project improvements, none would be significantly affected by the Project. Previously unknown archaeological and cultural resources may be discovered at the site of the near-term and long-term improvements, because the Petaluma area was once intensively occupied by Native American groups, and the project area contains topographic elements believed to be indicators of likely Native American settlement. If the project encounters any presently unknown prehistoric or historic period resources, or if sighting of the long-term improvements impacts any historic-period buildings or structures, the City will be required to identify and avoid any such resources. When avoidance is not possible, the potential significance of the resource would be evaluated using criteria established by the National Register of Historic Places and California Register of Historic Resources. If the resource is determined significant, mitigation measures meeting regulatory standards would be imposed, including but not limited to (1) designing project actions to conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and (2) conducting archeological data recovery in accordance with a research design approved by the relevant regulatory agencies, including report preparation and public interpretation. 13. Impact CR-3 Will the WREP directly or indirectly destroy a unique paleontological resource or site? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure CR-2 requires that any paleontological resources encountered in the construction of the near-term improvements, or potentially, in the later planning and construction of the long-term improvements will be identified, evaluated and avoided. When such resources cannot be avoided, they will be treated in accordance with standard guidelines for mitigation. Specific details, requirements and performance standards for the plans and programs required by Mitigation Measure CR-2 are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, are incorporated herein by reference and are imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: Based on geological mapping, there is potential for the presence of fossils in Petaluma Formation bedrock which would be excavated for the near-term storage tank improvement and some underground pipelines, as well as from the long-term improvements. Resolution No. 2008-206 N.C.S. Page 12 The City will be required to avoid or treat any encountered paleontological resources in accordance with standard preservation guidelines identified in the Mitigation Monitoring and Reporting Program, Chapter 3 of the EIR. 14. Impact VR-2 Will the WREP be inconsistent with the Sonoma County General Plan regarding Scenic Landscape Units? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure VR-1 requires landscape screening for the near-term storage tank improvement. Additional requirements and performance standards for Mitigation Measure VR-lare contained in Chapter 3 of the EIR, Mitigation Monitoring Program, incorporated herein by reference and. imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: The storage tank, overflow pipe, detention basin and pipeline from Adobe Road to the tank are within a Scenic Landscape Unit, but the pipeline will be underground and not visible. Consistent with County policies OS-2e and OS-2i, the tank is sited below an exposed ridgeline and would be partially buried to reduced visibility. Visible utilities will be undergrounded. The cuts in the hillside and the portion of the storage tank which would be visible from a portion of the Rooster Run Golf Course and from certain residences would be obscured by the landscape plan which requires planting of oak trees around the tank to minimize the visual contrast and blend with the surrounding oak woodlands. The prospective future location of the program level open reservoir may be in a Scenic Landscape Unit, but if so, would be sited below exposed ridgelines, would not create large cuts, and any visible utilities would be undergrounded. The reservoir will not exceed five feet in height. Numerous small agricultural reservoirs already exist in the area and the small reservoir would be consistent with these existing landscape features. The program level pipelines would be underground and not visible. The pump station would not be located in a Scenic Landscape Unit. Any change in the visual landscape from discontinuing irrigation on areas presently irrigated would merely mean that they would revert to brown summertime appearance, which is consistent with the rural scenic nature of agricultural hillsides in Sonoma County. 15. Impact VR-4 Will the WREP be inconsistent with the Petaluma General Plan goal to preserve the scenic and natural resources of the open ridgelines and hillsides? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure VR-1 requires landscape screening for the near-term storage tank improvement. Additional requirements and performance standards for Mitigation Measure VR-1 are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, incorporated herein by reference and imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen. this significant environmental effect as identified in the EIR. Rationale: Near-term and long-term pipelines would be below ground and not visible. The storage tank would be partially buried in a hillside and would not change or affect a ridgeline. Visible utilities will be undergrounded. The cuts in the hillside and the portion of the storage tank which would be visible from a portion of the Rooster Run Golf Course and from certain residences would be obscured by effects of the landscape plan which requires planting of oak trees in front of the tank. The disturbed slope behind the storage tank will be re-vegetated immediately after construction. In addition, the view of the storage tank from nearby residences in the vicinity of the Rooster Run Golt Course will be much less evident because of the nature of the views which would be scattered and filtered by tree canopies, fences and increased distance. One residence approximately 1400 feet west of the storage tank would have a view Resolution No. 2008-206 N.C.S. Page 13 of the storage tank. This residence sits on a hilltop at approximately 250 feet elevation, with views of the City and the hills to the east. The storage tank is nestled in hills across a small valley and views from the residence are semi-obstructed by numerous large trees around the residence. The long-term open reservoir would be located north of Lakeville Highway and west of Stage Gulch Road between elevation 300 and 400 feet. The highest elevation in the areas is 490 feet. The reservoir would have a low profile similar to numerous small agricultural reservoirs which already exist in the area and would be consistent with these existing landscape features. Utilities would be undergrounded and not visible. Therefore, the reservoir and associated facilities would not obstruct hilltop views or views of important natural features including the Sonoma Mountains, Petaluma River and western hills. 16. Impact VR-5 Will the WREP cause an adverse effect on foreground or middle-ground views from a recreation area, other public use area or private residence? Mitigation measures which avoid or substantially lessen this impact: Mitigation Measure VR-1 requires landscape screening for the near-term storage tank improvement. Additional requirements and performance standards for Mitigation Measure VR-1 are contained in Chapter 3 of the EIR, Mitigation Monitoring Program, incorporated herein by reference and imposed by adoption of the Mitigation Monitoring Program as part of this resolution. Finding: Policies, changes or alterations have been required in, or incorporated into the WREP which avoid or lessen this significant environmental effect as identified in the EIR. Rationale: See Impacts VR-1 and VR-5, above. III. Alternatives to the Project The EIR identified an alternative to the lelmorini site for the 2.2-MG storage tank, known as the Manor Lane Alternative. Five additional significant impacts were identified if the tank were built at the Manor Lane Alternative site. Of the five impacts, four can be reduced to less-than- significant levels by mitigation, but noise impacts to the Adobe State Historic Park were identified as potentially unavoidable. No significant unavoidable impacts were identified at the lelmorini tank site. For these reasons the Manor Lane Alternative is rejected. The No Project Alternative did not meet the objectives of the Project to provide potable water offset and conserve groundwater and surface water supplies. In addition, it could have resulted in additional discharges of effluent to the Petaluma River with no feasible mitigation. It also has significant public service impacts, in that it does not accommodate the water supply needs for General Plan 2025 and does not allow the necessary increase in wastewater disposal capacity needed for Penngrove and Petaluma. For these reasons the No Project Alternative is rejected. The City Council finds that the consideration of alternatives to the WREP was in many respects limited by the decisions made in the General Plan 2025 as to necessary size and capacity of the WREP to meet the larger goal of providing a necessary portion of future water supply to serve the City through 2025 in the most environmentally sustainable and cost effective manner. The City Council finds that of the two alternatives, the No Project alternative is environmentally superior but does not meet the WREP objectives or the General Plan goals and policies the WREP is designed to meet and compelled to implement. In these somewhat unusual circumstances, it was not possible to develop a feasible alternative which is environmentally superior to the WREP itself. Resolution No. 2008-206 N.C.S. Nage 14 IV. Growth Inducing Impacts. The WREP is designed to provide a portion of the City's water supply and deal with a portion of the wastewater disposal capacity needed to accommodate growth consistent with the growth projections in the Petaluma General Plan 2025. Therefore, the WREP will induce growth by providing public services essential to serve future growth. The growth-inducing effects of the WREP are no greater than those of the General Plan, which were analyzed in the certified EIR for the General Plan 2025 (SC#2004082065), which is incorporated herein by reference. The General Plan EIR included the WREP improvements at a programmatic level, and included effects of the WREP in its analysis of growth-inducing impacts. Because the General Plan 2025 is self-mitigating to fhe fullest extent possible, it contains goals, policies and programs to reduce the impact of the growth it envisions to less than significant levels insofar as possible. The WREP permits only the rate of growth already studied in the General Plan 2025 EIR. The WREP would also allow a small amount of growth in the community of Penngrove, because the Ellis Creek Water Recycling Facility treats wastewater from Penngrove under an agreement with the County of Sonoma. The EIR for the County of Sonoma General Plan (Sonoma County 1986 SC # 1986072919) identifies a number of unavoidable effects of growth across the County, including Penngrove, in its Appendix E. V. Statement of Overriding Considerations CEQA requires a public agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its significant unavoidable impacts when determining whether to approve a project. The lead agency may deem significant and unavoidable adverse environmental effects "acceptable" if the specific legal, social, technological, or other benefits of a project outweigh the unavoidable adverse effects. Public Resources Code section 21081; CEQA Guidelines section 15093. As set forth in the preceding sections of these findings, the majority of potentially significant impacts of the WREP will be reduced to less-than-significant levels by mitigation measures listed in these findings. However, cumulative climate change and three construction-.related period impacts on traffic and circulation cannot be reduced to a level of insignificance even with the incorporation of .measures identified in the EIR. There is no feasible alternative to the WREP which would mitigate or avoid these significant environmental impacts and still achieve WREP and General Plan 2025 objectives. The City Council nonetheless chooses to accept these impacts because, in its view, the economic, social and other benefits that the WREP will produce ("overriding considerations") will outweigh its unavoidable adverse effects on the environment. This Statement of Overriding Considerations applies to those impacts which cannot be reduced to a level of insignificance by the application of all identified feasible mitigation measures. Those impacts are considered significant and unavoidable even if their impacts have been substantially lessened. As stated in Section IIA of these findings, the significant impacts of the WREP that cannot be mitigated to levels of insignificance are Air Quality Impact AQ-C6, cumulative increase in greenhouse gas emissions, and Transportation and Circulation Impacts TR-C 1, C2, and C3, cumulative traffic congestion, delays, access restrictions and hazards during construction. The overriding consideration which, on balance, outweighs the WREP's remaining significant and unavoidable effects are: 1. The WREP enhances reliability and adequacy of the City of Petaluma water supply by providing recycled water for non-potable uses to create a new source of water that is sustainable, drought proof, and readily available within the City of Petaluma. Resolution No. 2008-206 N.C.S. Nage I ~ 2. The WREP recycles approximately 1,025 to 1,070 million gallons (MG) a year of secondary and tertiary water to remain in compliance with regulatory permit requirements during the period of restricted discharge to the Petaluma River (May 1 through October 20). 3. The WREP provides a comprehensive, phased program to construct, improve and expand the facilities, conveyance systems and irrigation systems necessary for the distribution of recycled water to meet user demands as population build-out occurs under General Plan 2025. 4. The Project provides tertiary recycled water for irrigation and other uses as permitted under the California Code of Regulations Title 22 recycled water standards and replaces potable water from the City's water supply currently used for these purposes. The WREP therefore preserves valuable potable water for consumption and reduces the City's consumption of increasingly limited sources of groundwater and surface water. The City Council finds that the WREP -has been carefully .reviewed and that mitigations have been incorporated in the WREP to reduce all environmental effects to the extent possible. Nonetheless, the WREP may have certain environmental effects which cannot be avoided or substantially lessened. The City Council has considered each environmental effect which has not been mitigated to aless-than-significant level, as described in the EIR and these findings. The City Council has considered the economic, social, and environmental benefits of the WREP. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15093, the City Council has balanced the economic, social, and environmental benefits of the WREP against its unavoidable and unmitigated adverse environmental impacts and, based upon substantial evidence in the record, has determined that the benefits of the WREP outweigh the adverse environmental effects, and that the remaining significant and unavoidable impacts of the WREP are acceptable in light of the WREP's multiple benefits. The City Council further finds that any one of the WREP's benefits as contained in this Statement of Overriding Considerations is sufficient to outweigh the significant and unavoidable environmental impacts identified herein and render said impacts acceptable. Resolution No. 2008-206 N.C.S. Page 16 EXHIBIT B TO RESOLUTION 2008-206 N.C.S. CITY F PETe4LlJM PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING hROGRAM IVovEMBER 3, 2008 State Clearinghouse #2007052146 Resolution No. 2008-206 N.C.S. Page 17 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM TABLE OF CONTENTS MITIGATION MONITORING PROGRAM .............:.................................:..........................................1 Introduction .................................................................................................................. Compliance with Existing Programs ..........................................:................................. Measures Included in the Project ................................................................................. PD-1 Site and Design Facilities to Achieve Compatible Land Use ................ PD-2 Revegetate Temporarily Disturbed Sites ................................................ PD-3 Storm Water Pollution Prevention and Mitigation Plans ....................... PD-4 Slope Stabilization ................................................................................. PD-5 Reduce Risk of Damage due to Liquefaction ......................................... PD-6 Standard Engineering Methods for Expansive Soils .............................. PD-7 Standard Engineering Methods for Corrosive Soils .............:.:............... PD-8 Seismic Design to Resist Ground Shaking ............................................. PD-9 Construction Management Program ....................................................... PD-10 Mosquito Prevention Program ...............................................:.............. PD-1 1 Standard Traffic Control Procedures ........................................................ PD-12 Avoidance of Airport Land Use Conflicts ............................................. PD-13 Minimize Temporary and Permanent Visual Impacts ............................ PD l4 Ad' t F '1't D t A 'd W 11 d S t' S t ................... 4 ................... 6 ................... 7 ................... 8 .. ]0 ..................12 ..................13 .................. 14 .................. 15 .................. 16 .................. 17 .... 19 .... 20 .... 22 .... 23 .... 24 .... 26 - Jus acs i y es~gn o von e s an ep ~c ys ems ..............:........... PD-IS Lighting Design ...................................................................................... PD-16 Implement BMPs for Runoff, Erosion, and Agricultural Chemical Use PD-17 Frac-Out and Undercrossing Contingency Plan ........................................: PD- l 8 Protect. Creeks from Toxic Discharge .................................................... PD-19 Construction Noise Control .................................................................... PD-20 Air Quality Protection ............................................................................ PD-21 Riparian and Sensitive Habitat Protection ............................................. PD-22 Fence Foundation Remnants .................................................................. .............. 27 .................. 31 .................. 32 ........... . ...... 3 3 .................. 34 ........... 35 ........... 36 Mitigation Measures .....................................................................................:................................ 37 AG-1 Purchase Locally Grown or Inspected Plants ...........................................................38 LU-1 Replacement of Open Space Easements ..................................................................39 H WQ-1 Pond Seepage ......................................................................................................... 40 NOI-1 Pump Station Noise Control .....................................................................................41 BIO-1a Avoid the Loss of Candidate, Sensitive, or Special Status Species and their Habitat ..................................................:.........................................................................:.... 42 B10-1 b Rare, Threatened and Endangered Plant Protection Program .................................... 46 BIO-2a Avoid Loss of Riparian Habitat or Other Sensitive Natural Communities ................ 47 BIO-2b Avoid Loss of Aquatic Habitat due to Open Reservoir ..............................................48 BIO-3 Avoid Fill and Other Impacts to Jurisdictional Waters and Wetlands .....................49 City of Petaluma TOC-i Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 18 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-4a Native Wildlife Nursery Protection Program .........................................................50 B10-4b Avoid Blocking Major Wildlife Migration or Travel Corridors ................................ 51 BIO-5 Avoid Permanent Impacts to Protected Trees .....:....................................................52 CR-1 a Identify and Avoid or Minimize Impacts to Cultural Resources ................................. 53 CR-lb Identify and Avoid or Minimize Impacts to Cultural Resources .................................54 CR-2 Evaluation and Treatment of Paleontological Resources .......:........:..,...:...................... 55 VR-1 Landscape Screening ......................................................................................:.........56 City of Petaluma TOC-ii Winz/er & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 19 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM IN®~ 1 ~~~~I®1® IMI®~I~®~~1®~ 1 ~®~A\6'191 INTRODUCTION This Chapter presents the Mitigation and Monitoring Program for the Petaluma Water Recycling Expansion Program (WREP). The mitigation measures listed herein are required by law or regulation, are adopted by the City as part of the Project, or are recommended by the environmental team. The project measures or mitigation measures listed below have been identified in Chapter 4 Environmental Analysis, as feasible and effective in mitigating Project-related environmental impacts. The effectiveness of each measure is identified in this Chapter and discussed in detail in Chapter 4. Legal Basis The legal basis for the development and implementation of a Mitigation and Monitoring Program lies within the California Environmental Quality Act (CEQA), Sections 21002 and 21002.1: • Public agencies are not to approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects; and ® Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so. CEQA Section 21081.6 further requires that: the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall. be designed to ensure compliance during project implementation. 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. Program Implementation and Monitoring The City of Petaluma shall be responsible for overall implementation and administration of the Mitigation and Monitoring Program. The City may partner with others, such as tertiary and secondary water users,, who will need to implement the Program as well. The City shall designate a Coordinator to oversee implementation of the mitigation measures and ensure they are completed to the standards specified in the EIR. The Coordinator will also ensure that the mitigation measures are completed in a timely manner. Duties of the Coordinator include the following: o Coordinate with applicable agencies that have mitigation monitoring and reporting responsibility; v Coordinate activities with the construction manager; • Coordinate activities of all in-field monitors; m Develop work plan and schedule for monitoring activities; Coordination of activities of consultants hired by the City when such expertise and qualifications are necessary; • Routine inspections and reporting activities; City of Petaluma Page 1 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 20 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM o Plan checks; e Assure follow-up and response to citizen inquiries and complaints; a Develop, maintain, and compile Verification Report form(s); o Maintain the Mitigation Monitoring Checklist or other suitable mitigation compliance summary; and • Coordinate and assure implementation of corrective actions or enforcement measures, as needed. Measures Included in the Project This section presents a listing and description of measures and standards which have been incorporated into the project design. These measures are denoted by the "PD" in the measure name. 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 identified by the public and federal, state, and local agencies. Other measures were developed as a result of air quality, noise, 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 itplemented and monitored, and to assist the reader in understanding the commitments made by the City of Petaluma. This section 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 section contains a listing and description of mitigation measures recommended in Chapter 4 Environmental Analysis. The mitigation measures listed in this section 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 has 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. 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. City of Petaluma Page 2 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 21 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM Project and Mitigation Measure Format Table 3-1 explains the format of the measures. TABLE 3-1 Mitigation Measure Format XX-X Mitigation Measure Title This is the number and title of the mitigation measure. This is the only portion of the measure that is presented in Chapter 4 Environmental Analysis. In Chapter 4 the mitigation number and title are cited after the analysis discussion of each impact. Brief description of the Mitigation Measure. Alternatives: The alternatives for which this measure is recommended. Implementing Agency: The agency or individual that has the responsibility for implementing or performing the measure. Timing: Start: The appropriate time at which the measure is to be implemented. Complete: The appropriate time at which the measure is to be complete. Monitoring Agency: The public agency that has the responsibility for monitoring to insure that the mitigation measure is effective in mitigating the impact. Validation: The means by which the monitoring agency will verify that the measure has been carried out. Mitigation Monitoring Status Reporting The City shall compile a Mitigation Monitoring Status Report on an annual basis when any of the following conditions occur: construction; revegetation or compensatory habitat creation during the five- year monitoring period; first year of operation. The report shall contain the following: o Mitigation Monitoring Checklist to provide the status of every mitigation measure; o List of completed mitigation measures; o List of non-compliance incidences, with action taken or required; o Evaluation of the effectiveness of the mitigation measures; o Recommendations to improve mitigation effectiveness; and o Required modifications to the Mitigation and Monitoring Program to comply with legislation and policies adopted in the previous year (e.g. newly listed threatened species). City of Pefaluma Page 3 Wi.nzler & Kelly November 3, 20.08 02055 07 001 Resolution No. 2008-206 N.C.S. Page 22 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM COMPLIANCE WITH EXISTING PROGRAMS This section presents the applicable federal, state, regional, county, and local policies and regulations with which the Project may need to comply. Federal Archaeological and Historic Data Preservation.Act of 1974 Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977; Section 404 Code of Federal Regulations, Title 40 Parts 6, 51, and 93 Federal Antiquities Act of 1906 Federal Clean Air Act of 1970, amended 1977 and 1990 Federal Endangered Species Act of 1973, as amended Mining Law of 1872, amended 1988 National Historic Preservation Act of 1966, Sections 106 and 1 10 National Natural Landmarks Program, Historic Sites Act of 1935 Rivers and Harbors Act of 1899, Section 10 Surface Mining Control and Reclamation Act of 1977 State California Environmental Quality Act California Endangered Species Act California Clean Air Act California Occupational Safety and Health Administration (Cal-OSHA) California Deparnnent of Fish and Game Code Section 1602 California Department of Fish and Game Wildlife/Hardwood Management Guidelines (Revised 1994) California Division of Safety of Dams Regulations California Health and Safety Code, .Section 25500 et seq. -Hazardous Materials Release Response Plans andlnventory California Department of Transportation requirements for encroachment permits for work conducted on State highways Native Plant Protection Act (Fish and Game Code Section 1900-19]3) Public Resources Code, Sections 5097.5 and 30244 Public Resources Code, Sections 5020-5024 (California Register of Historic Places) Public Resources Code, Section 6301 et seq. Public Resources Code, Section 6501 et-seq. Title 8, California Code of Regulations, Section l 539 - 1541.1 -Excavations City of Petaluma Page 4 Winz/er & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 23 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM Title 8, California Code of Regulations, Sections 1539 - 1541.1 -Excavations Title 8, California Code of Regulations, Sections 1509 & 3203 -Injury and Illness Prevention Program Title 8, California Code of Regulations, Sections 1597 - 1599 -Vehicles, Traffic Control, Flaggers, Barricades, and Warning Signs Title 8, California Code of Regulations, Section 5194 -Hazard Communication Title 22, California Code of Regulations, Section 60301 et seq. -Reclaimed Water Title 22, California Code of Regulations, Section 66260.1 et seq. -California Hazardous Waste Regulations Regional Bay Area Clean Air Plan Bay Area Air Quality Management District Risk Management Policy Bay Area Air Quality Management District Rules and Regulations San Francisco Regional Water Quality Control Board Basin Plan Sonoma County Sonoma County Aggregate Resource Management Plan Sonoma County General Plan Sonoma County Tree Ordinance (No. 4014) Sonoma County Vineyard Erosion and Sediment Control Ordinance (N. 5216) Sonoma County Zoning Ordinance .Sonoma County Building Codes City of Petaluma Building and Grading Regulations Petaluma General Plan Petaluma Zoning Ordinance Petaluma Water Conservation Ordinance City of Petaluma Page 5 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 24 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM MEASURES INCLUDED IN THE PROJECT This section presents a listing and description of measures and standards that have been incorporated into the Project Description. City of Petaluma Page 6 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 2~ PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-1 Site and Design Facilities to Achieve Compatible Land Use The City of Petaluma shall attempt to achieve compatibility with the City's and County's General Plan, zoning code, and other regulations, to the extent feasible. The City shall site facilities to avoid creating land use conflicts due to incompatibility with adjacent uses or loss of natural or scenic resources, to the extent feasible. The City shall design facilities to achieve compatibility with neighborhood character, to the extent feasible. Implementing Agency: Timing: Monitoring Agency: Validation: City of Petaluma November 3. 2008 City of Petaluma Water Resources and Conservation Department Start: At onset of project design. Complete: Prior to the beginning of construction. City of Petaluma Report that 90% design plans conform with measure. Page 7 Winzler & Kelly 02055 07 001 Resolution No. 20Q8-206 N.C.S. Page 26 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-2 Revegetate Temporarily Disturbed Sites The City shall revegetate sites disturbed or scarred by construction activities. Revegetation of disturbed sites should occur prior to the start of the rainy season. The Revegetation Program shall include the following: Streams and other Waters of the U.S. Restore original contours and drainage patterns. o Prior to erosive weather events, implement stream bank stabilization measures such as placement of willow wattles at woody crossings and covering disturbed stream banks with a biodegradable fiber (jute) cloth, coconut fiber rolls, or another similar erosion control fabric. • If the disturbed or scarred site is in a riparian area, collect native seed stock or cuttings near the stream crossing (taking into consideration microclimate and time of year for propagation) to use for hydroseeding. ® Avoid use of soil amendments such as lime or fertilizers. • Spread a cover of straw, rice straw ifavailable, over disturbed soils and work into soil. e Apply an organically based tackifier on disturbed areas to reduce air and water erosion of soils. Upland Non-Urban Sites ® Restore pre-project topographic features. In those cases where full restoration is not possible, graded contours shall be rounded to emulate the natural landforms of the adjacent area. • Use drought-tolerant native plant species. o Collect seed material of woody and herbaceous plants from the construction corridor and/or adjacent undisturbed vegetation during a suitable season for each group of plants. Use potted plant materials to replace woody vegetation (i.e., trees and shrubs). o Apply dried seed material collected as specified earlier evenly to the finish-graded topsoil surface. Urban Sites ~• Restore pre-project topographic features. In those cases where full restoration is not possible, graded contours shall be rounded to emulate the natural landforms of the adjacent area. • Use species comparable to those removed from the disturbed area or use native, drought resistant species, if possible. Topsoil The first six inches of topsoil shall be stripped from areas to be occupied by structures, and areas to be excavated, graded, or filled. The stripped topsoil shall be stockpiled on-site, in designated areas and not mixed with other soils. Topsoil shall be stockpiled free from vegetation, trash, large stones, and other extraneous materials, to the extent possible. Stockpiled topsoil shall be protected from disturbance, rainfall, and erosion until it can be placed as final grade or otherwise reused. City of Petaluma Page 8 Winz/er & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 27 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM Planting Density and Survival Rate A survey shall be conducted to identify plant types and locations prior to the start of construction. Plants shall be installed, maintained, and replaced such that 120 percent of the original plant density is present on the five-year anniversary of plant installation. Monitoring Plant survival shall be monitored and summarized in an annual report. Annual reports shall include recommendations to be implemented to remediate the previous year's failures including replacement planting. Implementing Agency: City of Petaluma, Construction Manager Timing: Start: Prior to Final Completion. Completer Revegetation will be completed before completion of construction. Monitoring will continue annually for five years (if reseeding only than monitoring will occur the first year after application only). Monitoring Agency: City of Petaluma Validation: Prepare annual reports on success beginning with end of first growing season following construction. Conduct field monitoring on yearly basis for five years. Revegetate annually to meet success criteria (]20%) if success criteria not being met. City of Petaluma Page 9 Winz/er & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 28 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-3 Storm Water Pollution Prevention and Mitigation Plans Storm Water Pollution Prevention Plan (SWPPP) The City shall prepare asite-specific SWPPP, as applicable, for each construction area, and if special measures are necessary for a site, these measures shall be incorporated into the Plan. The Plan shall include but is not limited to the following elements: • Pollutant sources and construction implementation schedule. • Type of construction allowed during the rainy season. • General site and good housekeeping best management practices. • Erosion and sediment control best management practices. • Method of protection for new cut and fill slopes and soil stockpiles upon completion of permanent or temporary winter slopes. • Diversion of runoff away from construction areas that have been denuded or otherwise disturbed. • Retention of sediment on-site by the use of silt fences, hay bales, sedimentation basins, or other structures. • Monitoring, inspection and maintenance schedule for erosion and sediment control facilities. • Reduction of cut and fill along streams through the use of steepened side slopes, retaining walls and extended culverts. • Cutting vegetation off at ground level, leaving existing root systems intact. • Implement BMPs as needed to prevent increases in downstream runoff volume. • Post-construction storm water management plan. • Install of silt fencing or other erosion control material around culvert inlets along pipeline routes. Standard Urban Storm Water Mitigation Plan (SUSMP) The City shall comply with the SUSMP requirements for any applicable project components located within the County SUSMP boundary. The City shall prepare a Preliminary Storm Water Mitigation Plan, a Final Storm Water Mitigation Plan, and a Written Certification of Best Management Practices (BMPs) installation in accordance with SUSMP requirements. The Plans shall include the following elements: Preliminary Storm Water Mitigation Plan • Project description • Impervious surface and proximity worksheets • Estimated pre- and post-development runoff calculations • Identified pollutants of concern • Types of BMPs selected to mitigate pollutants • Types of BMPs selected to limit channel-forming discharges • Preliminary treatment control BMP sizing City of Petaluma Page 10 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 29 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM • Waiver documents, if any • Responsibility for BMP maintenance ® Location and conceptual design of BMPs on project drawings Final Storm Water Mitigation Plan • Detailed hydraulic calculations identifying the sizing criteria for each storm water treatment control BMP based upon the anticipated flow and/or volume. • Maintenance plan, including maintenance assurances and funding mechanism. • Plan view of the project showing all storm water related source and treatment control BMPs. The plan view may be included as part of the grading plan, site plan, other related plan, or on a separate plan sheet, included in the public improvement plans or building permit application. • Construction details for each source and treatment control BMP. Written Certification of BMPs Installation After the BMPs have been installed, the project designer shall prepare and sign a written certification that the BMPs were installed as intended by the designer, or for manufactured BMPs, as recommended by the manufacturer. The written certification of BMP installation must be received by the County before acceptance of public improvements for BMPs located within the public right-of- way or public easements. Implementing Agency: City of Petaluma, Construction Manager, Design Engineer Timing: Start: During the Project design phase. Complete: At the end of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: The City will monitor compliance with the Plans throughout construction. City of Petaluma Page 11 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Yage 30 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-4 Slope Stabilization The City of Petaluma shall utilize a licensed geotechnical engineer and, when appropriate, a structural engineer to conduct construction-level geotechnical investigation for facilities. If the geotechnical investigations identify hazards due to unstable slopes or_actively eroding soils, the engineer shall identify slope stability risk areas and provide engineering design and construction recommendations to stabilize slopes and soft or unstable soils. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Prior to the beginning of construction. Monitoring Agency: City of Petaluma Validation: Report that 90% design plans conform with measure. City of Petaluma Page 12 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 31 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-5 Reduce Risk of Damage due to Liquefaction Where facilities must be sited in areas with high liquefaction potential, as mapped by California Division of Mines and Geology, the City shall utilize a registered geotechnical engineer to conduct a detailed, facility-specific, soil analysis in areas. If the geotechnical investigations identify hazards due to liquefaction, the engineer shall identify risk areas and provide engineering design and construction recommendations to minimize damage. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Upon completion of construction. Monitoring Agency: City of Petaluma Validation: Report that 90% plans conform with measure. City of Petaluma Page 13 Winz/er & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 32 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-6 Standard Engineering Methods for Expansive Soils The City shall utilize a qualified soil scientist or engineer to conduct a detailed, facility-specific soil survey and determine which facilities require shrink swell prevention measures. The survey shall record soil type and soil properties (including shrink swell characteristics). Where the detailed pre-design soil analysis has identified the presence of expansive soils; the City shall implement standard geotechnical practices to substantially lessen or avoid potential impacts from expansive soils. Measures could include the following standard methods: • Removal of native soil and replacement with an engineered fill material not prone to shrinking and swelling; • Soil stabilization, such as lime treatment to alter soil properties to reduce shrink-swell potential to an acceptable level; or • Deepening footings or other support structures in the expansive soil to a depth where soil moisture fluctuation is minimized. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Upon completion of construction. Monitoring Agency: City of Petaluma Validation: Report that 90% design plans conform with measure. City of Petaluma Page 14 Winzler & Kelly November 3, 2008 020.55 07 001 Resolution No. 2008-206 N.C.S. Page 33 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-7 Standard Engineering Methods for Corrosive Soils The City shall utilize a qualified soil scientist or engineer to conduct a detailed, facility-specific soil survey and determine which facilities require corrosion prevention measures. The survey shall record soil type and soil properties (including pH, salinity, chloride, and active sulfides). The City shall design pipelines that traverse highly corrosive soils with non-corrodible materials or shall implement other effective corrosion avoidance and/or protection methods. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project-design. Complete: Upon completion of construction. Monitoring Agency: City of Petaluma Validation: Report that 90% design plans conform with measure. City of Petaluma Page 15 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 34 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-8 Seismic Design to Resist Ground Shaking The City of Petaluma shall reduce the risk of damage to facilities from strong ground shaking to the extent feasible. All project facilities sites are located in strong ground shaking areas due to the proximity of the San Andreas and Rogers Creek faults. Construction of all facilities and earth embankments shall incorporate earthquake-resistant design and materials that meet or exceed the current seismic engineering standards of the Uniform Building Code Seismic Zone 4 requirements. To decrease the amount of damage or period of interruption that may occur during a seismic event, the City of Petaluma may elect to increase the performance objective for a given facility beyond the code adopted minimums depending on the additional costs that may be incurred and site specific design considerations that may be required. Building codes are not intended to be applicable to some types of pipelines, pump station equipment that are not enclosed, and other types of non-building structures. However, there are generally accepted "consensus" standards that can be applied in a similar manner to adopted building code performance objectives. For all non-building structures, "consensus" standards will be used, when available, to set minimum performance objectives that allow for changes to occur to a pipeline or equipment during a seismic event but damage to be minimal. Again, the City of Petaluma may choose to raise the performance objective for a given non-building element beyond the "consensus" standard or minimum recommendation by the structural engineer, design specifications to decrease the amount of damage or period of interruption, depending on additional costs and require site specific design considerations. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Upon completion of construction. Monitoring Agency: City o~f Petaluma Validation: Report that 90% design plans conform with measure. City of Petaluma Page 16 Winz/er & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 35 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-9 Construction Management Program The City of Petaluma shall manage construction to avoid or minimize potential impacts to public health and safety, to the extent feasible. The City shall develop and implement a Construction Management Program (Program), which may include the following measures: • Excavations shall be guarded by readily visible barricades, rails or other effective means to avoid access by the public. • Local police, public works and fire departments for each jurisdiction (city, county and state) where construction is expected to occur, shall receive advance notification of construction activities. Local residents and businesses shall also be notified and access shall be maintained if possible. • Remove and clear away dry, combustible vegetation from construction sites in those areas that contain substantial forest fire risks and hazards, or are very high fire hazard severity zones as defined by California Division of Forestry and Fire Protection. Grass and other vegetation less than l8 inches in height.above the ground may be maintained where necessary to stabilize the soil and prevent erosion. Vehicles shall not park in areas where exhaust systems contact combustible materials. Fire extinguishers shall be available on the construction site when working in high fire hazard areas to assist in quickly extinguishing any small fires. The Construction Manager shall have on site the phone number for the local fire department(s) and shall have a phone available when working in high fire hazard areas should additional fire fighting capabilities be required. • Prior to construction, retain a Registered Environmental Assessor (REA) to perform a Hazardous Material Project Assessment following portions of the American Society of Testing Materials (ASTM) guidelines along pipeline corridors and near other project facilities to identify potential hazardous waste sites that may affect construction activities. If hazardous waste sites are discovered, during construction the City shall survey all pipeline alignments for contaminated soil and/or groundwater, recording the location, extent, and type of contamination. • In the vicinity of hazardous materials/waste release sites, construction activities related that require excavation or exposure of soil or groundwater shall be monitored by the contractor for subsurface contamination. The City shall notify responsible agencies if any hazardous materials/wastes are encountered. Monitoring shall include, at minimum, visual observation by personnel with appropriate hazardous materials training, including 40 hours of Hazardous Waste Operations and Emergency Response (HAZWOPER) training. • In the vicinity of hazardous materials/waste release sites, groundwater brought to the surface as a result of construction dewatering shall be handled in a manner appropriate to the construction.. related permits for dewatering. If contamination is suspected or noted during the construction phase, then the groundwater shall be containerized and analyzed for contamination by a laboratory, certified by the California Environmental Protection Agency (CaIEPA) Environmental Laboratory Accreditation Program (ELAP), using United States Environmental Protection Agency (USEPA)-approved analytical methods. Where contaminated groundwater is encountered, precautions shall be taken to assure that the installation of piping or other construction activities do not further disperse contamination. • All potentially contaminated materials encountered during construction shall 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 in accordance with the most recent edition of applicable federal, state, and local regulations, standards, laws, ordinances and codes including, but not limited to, those applicable to worker and public safety, training, licensing and certifications, compliance notifications, abatement, City of Petaluma Page 17 Winz/er & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 36 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM waste sampling, transportation, and disposal. Where conflicts occur, the most stringent requirements shall be adhered to. All evaluation, remediation, treatment, and/or disposal of hazardous waste shall be supervised and documented by qualified hazardous waste personnel. Implementing Agency: City of Petaluma, Design Engineer City of Petaluma, Construction Manager Timing: Start: At onset of design. Complete: At the completion of the construction phase. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% plans conform with measure. City of Petaluma Page 18 November 3. 2008 Winzler & Kelly 02.055 07 001 Resolution No. 2008-206 N.C.S. Nage 37 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-10 Mosquito Prevention Program (applicable to the Program-Level Improvements only) The City of Petaluma shall develop a Mosquito Prevention Program to ensure that the new secondary open reservoir facility is designed in a manner that minimizes favorable conditions for the development of potential mosquito habitat as described in the California Department of Health Services and the Marin/Sonoma Mosquito Abatement District's Criteria for Mosquito Prevention in Wastewater Reclamation or Disposal Projects. The criteria. identify three general principles of mosquito control: (l ) the manipulation of the physical features of the impoundment, (2) biological control, and (3) chemical control. Specific measures may include: • Water bodies may be of any shape but shall not have small coves or irregularities around the perimeter. • Side slopes shall be as steep as feasible, without jeopardizing slope stability. • Water bodies shall have an access ramp constructed on an inside slope for launching a small boat to conduct midge sampling and control. • A maintenance program for weeds and erosion control on the inner slopes of the water body. • Biological controls shall be used, such as stocking the reservoir with mosquito fish (Gambusia a~nis). • Irrigation sites shall not have water ponding. Implementing Agency: City of Petaluma, Design Engineer City of Petaluma, Recycled Water Monitor Timing: Start: The Program shall be developed during the design phase. The City shall begin monitoring during construction of the reservoir for conformance to physical features. The City shall monitor application sites monthly. The City shall respond to recommendations of the Marin/Sonoma Mosquito and Vector Control District when concerns are raised. Complete: Throughout the life of the Project. Monitoring Agency: City of Petaluma, Marin/Sonoma Mosquito and Vector Control District Validation: Report-that 90% plans conform with measure. Monitoring reports indicate if water is ponding. City of Petaluma Page 19 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 38 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-11 Standard Traffic Control Procedures The City of Petaluma shall adopt standard traffic control measures to minimize traffic congestion, traffic hazards, and damage to roads to the extent feasible. Construction flagging and signage, use of plates, and other safety measures shall be in conformance with the "California Manual on Uniform Traffic Control Devices" (California MUTCD). Other measures shall include: Encroachment Permits • Obtain all necessary Encroachment and Transportation Permits from the appropriate agencies. The City of Petaluma shall consult with the County of Sonoma Department of Transportation and Public Works (DTPW), Caltrans, and other affected agencies regarding site-specific details of construction prior to the preliminary design stage. Emergency Response, Transit and School Bus Routes • If temporary lane or road closures are required, the City shall contact emergency response (hospitals, police, tire, and ambulance), transit, and school bus providers and inventory the locations of their primary routes that may be affected by the construction. • Where construction necessitates lane or road closures along emergency response routes, the City shall recommend and obtain approval of alternate routes or other means from the affected service providers, at a minimum of one week prior to construction. • During construction, the City shall notify the service providers on a weekly basis of the timing, location, and duration of construction activities. Lane and Road Closures • Consistent with construction requirements, the minimum number of through traffic lanes shall be closed and the duration of such closures shall be minimized. Where construction requires closure of the road, temporary bypass roads may be built within the construction right-of--way allowing temporary access. • Where temporary road closure is necessary, a temporary road closure plan shall be developed by the construction manager and submitted to, and approved by, the Traffic Engineer of the affected jurisdiction. The temporary road closure plan shall include alternate detour routing and notification of local fire and police departments and emergency service, transit and school bus providers. • Pipelines crossing major freeways shall utilize tunneling methods so as not to disrupt the flow of traffic and commerce. Access to Businesses and Residences • The City shall provide public facilities, businesses, and residences within 500 feet of the construction zone with a notification packet that describes the construction activities scheduled for their neighborhood. • The City shall maintain pedestrian and vehicular access to public facilities, businesses, and residences along the route during commute hours, and shall minimize the closure of pedestrian and vehicular access at other times. Peak commute hours are between 7:00 AM and 9:00 AM in the morning and 4:00 PM and 6:00 PM in the evening. City of Petaluma Page 20 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 39 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM Repair Road Damage Prior to construction, the City shall prepare a summary of baseline conditions for roads scheduled to have construction on or adjacent to them. The survey shall identify road name, length, and width; surface type and condition; and shoulder surface type and condition. ® Within one year of completion of construction, roads damaged by construction traffic or pipeline construction shall be restored to their former state as near as may be possible. Park within Construction Easements o The City shall establish construction staging areas. Construction worker vehicles, construction equipment not in use, and stored materials shall be kept within the staging area. Designated areas within the construction easements shall be designed to accommodate all construction-related activity, and the designated areas shall be maintained for parking throughout the duration of the construction. Traffic Control Plans • The City shall prepare a Traffic Control Plan for those portions of the project that are within the Central Traffic District. The Plan would identify construction traffic routes, time of travel and other provisions for lessening construction traffic impacts in the central traffic district. Coordination of Construction Schedules ® The City shall coordinate construction schedules with the County of Sonoma and other City projects so as to minimize traffic congestion impacts to the extent feasible. For the near-term improvements, construction at the intersection of East Washington Street and Adobe Road would be phased with other projects proposed for that intersection. Implementing Agency Timing: Monitoring Agency Validation: City of Petaluma November 3. 2008 City of Petaluma, Design Engineer City of Petaluma, Construction Manager Start: During design the contractor shall be constrained to meet these criteria, during construction the construction manager will monitor conformance with bid documents. Complete: Implementation shall continue throughout construction. City of Petaluma, Construction Manager The City shall comply with this measure prior to starting construction near the affected roadway. Page 21 Winzler & Kelly 02055 07 001 Resolution Na 2008-20.6 N.C.S. Page 40 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-12 Avoidance of Airport Land Use Conflicts (applicable to the Near-Term Improvements only) The City of Petaluma shall notify the Federal Aviation Administration (FAA) of the proposed construction of the water storage tank on lelmorini Drive in accordance with the procedures outlined in F.A.R. Part 77, Subpart B and the California Public Utilities Code Sections 21658 and 21659. F.A.R. Part 77, Subpart B requires filing an executed copy of FAA Form 7460-1 (Notice of Proposed Construction or Alteration). The form can be completed and submitted online at www.oeaaa.faa.gov. The notice must be submitted at least 30 days before the earlier of the following dates: o The date the proposed construction or alteration is to begin. o The date an application for a construction permit is to be filed. The City shall design facilities to achieve compatibility with FAA measures for safety of air navigation. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Prior to the project bidding. Monitoring Agency: City of Petaluma Validation: Report that 90% design plans conform with measure. City of Petaluma Page 22 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 41 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-13 Minimize Temporary and Permanent Visual Impacts The City shall avoid or substantially lessen impacts by reducing construction disturbance, relocating facilities, or using design features to decrease visual contrast. Measures may include: • The size of construction zones and staging areas may be the minimum operable size. The location of such zones would be adjusted to minimize the visual impacts. • Alignments and locations of facilities may be adjusted to avoid visually sensitive features and conditions that would result in major landform alteration or mature landscape removal. Visually sensitive features may include significant stands of oaks and other mature trees, visually significant rock outcroppings, highly visible steep slopes, and highly visible roadside foreground areas. Facilities may need to be sited away from visible ridgelines. • On visual edges such as ridgelines, low profile design approaches for facilities, including above ground pipelines, may be employed. Roads and pipelines may be designed to lie parallel to existing terrain contours to minimize the visual contrast. • Utilize local rock types for road and pad surfacing material to minimize color contrast between engineered and natural land forms. • Provide for painting the pump station, control buildings, noise barriers and accessory structures a natural color, where applicable. Screening tray also take the form of architectural remedies such as designing a pump station to appear as a structure that would blend with the surrounding neighborhood. • If the pump station cannot be sited to avoid view obstruction from adjacent sensitive viewpoints, it shall be partially set into the ground to reduce height and mass. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: During design. Complete: Prior to the beginning of construction. Monitoring Agency: City of Petaluma Validation: Report on 90% plans to confirm consistency with measure. City of Petaluma Page 23 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 42 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-14 Adjust Facility Design to Avoid Wells and Septic Systems The City shall site facilities to avoid impacts to public or private wells or septic systems. Final design shall be prepared in accordance with CCR Title 17 and Title 22 separation guidelines. One or more of the following options shall be implemented, depending upon site-specific conditions: Septic System and Reserve Areas • Native, fine-grained, compacted soil or Controlled Low Strength Material (CLSM)I shall be used as backfill around pipelines when constructing greater than 25 feet but less than 50 feet from a septic system or reserve area. v CLSM shall be used as backfill around the pipeline when constructing between 15 and 24 feet from a septic system or reserve area. • If closer than 15 feet but not through a septic system or reserve area, portions of leachlines shall be relocated, if possible, in another portion of the property to obtain a minimum setback of 15 feet from the pipeline. CLSM shall be used as backfill over the pipeline (as referenced above). • Construction of the pipeline through or below a leachfield shall be avoided whenever feasible. if avoidance is infeasible, then the City shall contact the Sonoma County PRMD Well and Septic Division, and shall incorporate the Division's recommendations. • Relocation of septic system lines shall require a review and approval of plans by the property owner and the Sonoma County PRMD Well and Septic Division prior to leachline relocation. If leachlines that need to be relocated cannot be relocated due to limited space or poor soil conditions, other mitigations shall be implemented on a case- by-case basis by consulting with the Sonoma County PRMD Well and Septic Division personnel and property owner. Wells/Water Sources for Consumption • Pipelines shall not be constructed closer than 100 feet from a domestic well. • The horizontal distance between pressurized potable water and recycled water lines shall be at least 10 feet. Potable and recycled water lines shall not be installed in a common trench. • Where potable and recycled water lines cross, potable water lines shall be at least one foot above recycled water lines. • No irrigation with recycled water shall take place within 50 feet of any domestic water well unless all of the following conditions have been met: o A geological investigation demonstrates that an aquitard exists at the well between the uppermost aquifer being drawn from and the ground surface. o The well contains an annular seal that extends from the surface into the aquitard. o The well is housed to prevent any recycled water spray from coming into contact with the wellhead facilities. o The ground surface immediately around the wellhead is contoured to allow surface water to drain away from the well. o The owner of the well approves of the elimination of the buffer zone requirement. I Also known as Controlled Density Fill (CDF). City of Petaluma Page 24 Winz/er & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 43 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM Monitoring Wells e Pipe]ine trenches shall be set back a minimum of 5 feet from the center of a monitoring well. A 3-foot set back is permissible with approval of the San Francisco Bay Regional Water Quality Control Board. • Monitoring wells within the construction zone shall be clearly identified in the field prior to construction. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: During preliminary design. Complete: Prior to the beginning of construction. Monitoring Agency: City of Petaluma Validation: Report that 90% design plans conform with measure. City of Petaluma Page 25 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 44 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-15 Lighting Design The City shall design lighting for the storage tank and pump station 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. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: Certification of the EIR. Complete: Throughout the life of the project. Monitoring Agency: City of Petaluma Validation: Specifications for each construction contract. The design of the lighting will be verified during the review and certification of Final Engineering Drawings. The 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. If graffiti becomes an issue, the City may increase monitoring by adding lighting with motion sensors and cameras to protect the assets further. City of Petaluma Page 26 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 45 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-16 Implement BMPs for Runoff, Erosion, and Agricultural Chemical Use As a purveyor of recycled water, the City of Petaluma is required to ensure that all of the city's recycled water users are aware of their responsibilities regarding the proper use of recycled water. To ensure that users are informed of the proper use of recycled water, the City provides each recycled water user with a copy of "Guidelines for Recycled Water Users". These guidelines are consistent with those promulgated by the California State Department of Public Health (CDPH) to protect the health of the public and the employees of recycled water users. The guidelines for developing BMPs for efficient irrigation are located in the "Operational Control" section of the "Guidelines for Recycled Water Users". See the City of Petaluma, Recycled Water System, Notice of Intent (NOI) and the Water Reuse Program Technical Report and Engineering Report for the Production, Distribution, and Use of Recycled Water (City of Petaluma August 2005). The City shall meet the requirements of General Water Reuse Order 96-Oll authorizing municipal wastewater reuse by producers, distributors, and users of non-potable recycled wastewater and follow all provisions of the NOI. The City shall implement BMPs to prevent runoff, control erosion and infiltration, reduce water waste, and reduce impacts of agricultural chemical application on properties receiving recycled water for irrigation. The following measures, or alternative measures of equivalent effectiveness to those listed in Order No. 96-O1 ] (Refer to Appendix C of this document), shall be implemented, depending upon their applicability to site-specific conditions: Runoff ® Application method and rate shall consistently be equivalent to crop demand. • For frost control, application method and rate shall consistently be equivalent to crop protection need. • Irrigation methods shall be suitable to the site. ® Use measures that EPA has assembled about the best available, economically achievable means of reducing pollution of surface and ground water from agriculture in National Management Measures to Control Nonpoint Source Pollution from Agricz+lture (http://www.epa.gov/owow/npsJagmmJindex.html). Erosion a Agricultural practices shall be designed to retain soil in place on the hillside, using methods such as cover crops. Irrigation Practices ® Avoid over- or under-watering trees or shrubs; ® Prevent irrigation from spraying the trunks and bases of existing trees and shrubs, at least during the dry season; and o Avoid soil compaction around trees and shrubs. General ® Prospective recycled water customers must submit to the Recycled Water Program an Application for a Recycled Water Use Permit. For sites where recycled water is to be used inside a building, a more formal Engineering Report must be filed. Upon receipt of the permit application, the City of Petaluma shall conduct a plan check to verify that all design requirements are met. If not met, the City of Petaluma may require resubmittal of the missing City of Petaluma Page 27 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 46 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM information and/or drawings. For retrofit sites, the City shall conduct a site inspection, and notify the customer of any repairs or modifications required. Upon completion of construction (or site modifications), the City of Petaluma shall conduct a final inspection to verify that all design requirements have been met and across-connection test to verify that there are no interconnections between the potable and recycled water systems. All final conditions must be recorded on the site drawings. Final approval for service shall be indicated by the City of Petaluma issuing a Recycled Water Permit. The Permit includes the customer's signed permit application, along with a listing of site-specific requirements, if any. The permit shall be the binding agreement between the City of Petaluma and the user. Water Waste and Related Provisions o A customer shall not allow potable or recycled water waste. Water waste is defined as water use in outdoor areas resulting in runoff; or breaks or leaks in the water delivery system. • The Director may issue a written warning to anyone who violates the water waste prohibition. If a customer does not correct the violation within 72 hours of notification, or such other time as specified by the Director, the City may disconnect potable or recycled water service. Consumers shall .furnish, construct, install, own, operate, maintain and repair that portion of the potable or recycled water system on the consumer's premises which begins at the coupling on the consumer's side of the water meter. The City, as determined by the Director, may require the consumer at his(her own expense to adjust, replace, repair, maintain or discontinue the use of any potable or recycled water receiving or regulating equipment on the consumer's side of the meter. • Potable or recycled water service may be disconnected for the following reasons: o If the owner, occupant or consumer fails to comply with any of the regulations; or o For public health andlor safety reasons; or o If the. utility customer who has received notice of violation of the water waste provisions fails to correct the conditions which caused the violation with 15 days, or other reasonable time as determined by the Director; or o For breach of the Recycled Water Use Permit as defined in the Recycled Water Regulations. Urban Recycled Water Recycled Water User's Guide. The City shall at all times have a "Guideline for Recycled Water Users", The purpose of the Recycled Water User's Guide is to detail the requirements of the following rules and regulations as they apply to the City recycled water system: the adopted Mitigation Monitoring Program; the California Code of Regulations Title 22; other state and local rules and regulations related to the use of recycled water as they may be adopted or changed from time to time. Pursuant to the Recycled Water User's Guide, each user .site is inspected annually, new sites are inspected on installation, and regular contact with the City is required. New site inspections shall include: the site being installed per approved plans; appropriate signage, identification and markings for the recycled water system; mandatory cross-connection test; and mandatory irrigation coverage test to insure no runoff or overspray. Recycled Water Use Permit. The City shall issue to each recycled water customer a Recycled Water Use Permit for each site, which grants permission to use recycled water and requires City of Petaluma Page 28 Winz/er & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 47 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM the customer to use recycled water in accordance with the rules, regulations and standards of the Recycled Water User's Guide and all applicable state and local rules and regulations. • Designation of Site Supervisor. Each customer shall designate a Site Supervisor for each site covered by a Recycled Water Use Permit. The Site Supervisor must serve as a liaison with the City, and must have the authority to carry out the requirements of the Recycled Water User's Guide and Recycled Water Use Permit, including the operations and maintenance of the on-site recycled water system and prevention of potential hazards. In accordance with the Recycled Water User's Guide, the site supervisor is responsible for regular system monitoring and an annual self-inspection report, operating the irrigation system to prevent runoff, overspray, and control of off-site drift. The site supervisor must be available to the City 24 hours a day in case of emergency. • Operation and maintenance of customer equipment. Each customer shall operate and maintain the on-site recycled water system in accordance with the Recycled Water User's Guide and Recycled Water Use Permit. Notwithstanding compliance with this section, the City reserves the right to take any action necessary with respect to the operation of the customer's recycled water system to safeguard public health. • Entry upon customer's premises. As a condition of recycled water service for new customers and as a condition of continued recycled water service for existing customers, the customer shall permit the City to enter upon the customer's property during the City's normal working hours, or in case of emergency at any time, to inspect the customer's on-site recycled water system for compliance with the provisions of this chapter. • Enforcement of recycled water use rules and regulations. Violations related to the use of recycled water shall be subject to notices, penalties, fines, and termination of service. [t shall be the policy of the City of Petaluma to remedy a violation as soon as possible through a progressive enforcement policy that affords the user due process and carefully considers the seriousness of the violation before determining the appropriate enforcement actions(s). Water Efficient Landscape Policy • No turf or high-water-use plants shall be allowed on slopes exceeding 10%, or 25% where other project water saving techniques can compensate for the increased .runoff, and where need for such slopes is demonstrated. • No turf shall be allowed in areas eight feet wide or less. • All planted landscaped areas shall be irrigated with smart irrigation controllers. • Separate irrigation circuits shall be provided for each hydro zone and micro climate. • Pressure regulation shall be installed so that all components of the irrigation system operate at the manufacturer's recommended pressure. • Irrigation delivery systems shall be designed in such a manner that water does not run off or overspray onto adjacent pavement, sidewalks, structures or other non-landscaped areas. • Rain shut-off devices shall be installed on each irrigation controller. • Check valves shall be installed where elevation differential may cause low head drainage. • Sprinkler heads shall have matched precipitation rates on turf. Implementing Agency: City of Petaluma Timing: Start: Prior to the delivery of recycled water to any parcel. City of Petaluma Page 29 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 48 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM Complete: When the landowner no longer utilizes recycled water. Monitoring Agency: City of Petaluma Validation: Monitoring Reports (user and City) City of Petaluma Page 30 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 49 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-17 Frac-Out and Undercrossing Contingency Plan (applicable to the Program-Level Improvements only) The City shall develop and follow procedures to prevent the bentonite mix from being discharged into the Petaluma River and streams when installing pipelines using microtunnel or horizontal directional drilling. The plan will address how the contractor would manage pressures and the volume of lubricant used to prevent frac-out. The plan shall also address procedures to follow in the event afrac-out occurs. Drilling activities shall be visually monitored for any sign of lubricant frac-out and should frac-out occur, the contractor shall complete the following: o Stop pumping lubrication. • Locate the point and cause of the frac-out. e Contain the spill to the maximum extent possible. o Clean up the spill to the maximum extent possible. o Wait at least two hours before pumping lubrication near the frac-out point. to allow the ground to seal. o Reduce pumping pressure and volume in the area of the frac-out. • Notify all designated authorities that afrac-out occurred, including but not. limited to the California Department of Fish and Game. Implementing Agency: City of Petaluma, Design Engineer, front end requirements Timing: Start: Before and during construction under the Petaluma River or other streams or creeks where microtunnel or horizontal directional drilling construction methods are used. Complete: At the completion of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: The City of Petaluma shall monitor compliance on a schedule consistent with the intensity of construction and the presence of creeks. City of Petaluma Page 31 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 50 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-18 Protect Creeks from Toxic Discharge During construction, the City of Petaluma shall follow pertinent paragraphs of the Caltrans Manual, California Standard Specifications (Caltrans 1992), Section 7-1.OlG which begins, "The contractor will exercise every reasonable precaution to protect streams from pollution with fuels, oils, bitumens, calcium chloride, and other harmful materials." Measures shall include: ® Construction byproducts and pollutants such as oil, cement, and washwater shall be prevented from discharging into streams and shall be collected and transported to a landfill authorized to accept hazardous wastes. • No construction vehicles or equipment may be parked within the upland riparian corridor of any stream channel. ® Mobile equipment shall not be refueled or serviced within the riparian corridor. • Construction material storage areas containing hazardous or potentially toxic materials shall be bermed to prevent the discharge of pollutants to runoff water. These materials shall be stored under cover. • Utilize good housekeeping practices, safer alternative products where feasible, and employee training programs to prevent or reduce the discharge of pollutants to runoff water from construction activities. • Construction vehicles and equipment shall be maintained to prevent contamination of soil (from leaking hydraulic fluid, fuel, oil, and grease). Any restrictions on lubricants shall not include lubricants used for tunnel construction which will be permanently encased or isolated from the stream after construction is complete. o Concrete washout areas shall be designated. Wash-out of concrete vehicles and equipment shall be restricted to designated areas only. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At the start of construction. Complete: At the completion of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: The City of Petaluma shall monitor compliance on a schedule consistent with the intensity of construction and the presence of creeks. City of Petaluma Page 32 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 51 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-19 Construction Noise Control (applicable to the Program-Level Improvements only) The City shall implement noise control measures which could include the following as applicable: • Newer equipment with improved noise muffling shall be used. Equipment items shall have the manufacturers' recommended noise abatement measures, such as mufflers, engine covers, and engine vibration isolators intact and operational. • Construction equipment shall be inspected weekly to ensure proper maintenance and presence of applicable noise control devices (e.g., mufflers, shrouding, etc.). ® Where possible, hydraulic tools shall be used instead of pneumatic impact tools. • Sensitive noise receptors shall be specifically identified and notified in advance to keep windows and doors closed during peak construction activity. Sensitive noise receptors shall be notified when blasting will be conducted and instructed as to actions necessary to reduce noise impacts. • Heavy truck trips shall be routed over streets that will cause the least noise disturbance to residences or businesses in the vicinity of the Project site, when feasible. • Construction staging areas, maintenance yards, and other construction-oriented operations shall be avoided, if possible, within 500 feet of a sensitive receptor. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Prior to the beginning of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% design plans conform with measure. City of Petaluma Page 33 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page ~2 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-20 Air Quality Protection The City shall implement. air quality protection measures recommended by the BAAQMD to reduce diesel particulate matter and PM2 5 from construction operations to ensure that short-term health impacts to nearby sensitive receptors are avoided. o Water all active construction grading areas at least twice daily and more often during windy periods. Active areas adjacent to any residences should be kept damp at all times. e Cover all hauling trucks or maintain at least two feet of freeboard. o Pave, apply water at least twice daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas. • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas. Sweep streets daily (with water sweepers) if visible soil material is deposited onto adjacent roads. • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (i.e., previously- graded areas that are inactive for ]0 days or more). • Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles. o Limit traffic speeds on any unpaved roads to 15 mph. o Replant vegetation in disturbed areas within ] 0 days after the completion of construction. • Suspend construction activities that cause visible dust plumes that extend beyond the construction site. • Prohibit use of "dirty" equipment. Equipment with noticeably dirty emissions shall be prohibited from operation at the site until proper maintenance has been performed to reduce the visible emissions to acceptable levels. Opacity shall be used to measure "dirty" and as an indicator of exhaust particulate emissions from off-road diesel powered equipment. The project shall ensure that emissions from all construction diesel powered equipment used on the project site do not exceed 40 percent opacity for more than three minutes in any one hour. Any equipment found to exceed 40 percent opacity (or Ringelmann 2.0) shall be repaired immediately. o Reduce combustion emissions during construction as required in the California Air Resources Board Off-Road Diesel Rule. The "no idling" rule for in-use off-road diesel-fueled vehicles limits idling for such vehicles to no more than five minutes. Signs shall be clearly posted at the construction sites for the storage tank and reservoir indicating the idle times for construction- related equipment shall be minimized and noting that no diesel equipment shall idle for more than five minutes. Idling necessary to accomplish work for which a vehicle was designed (such as operating a crane) are exempt from the rule (see rule for additional exemptions). o Properly tune and maintain equipment in accordance with manufacturer specifications. o Stage construction equipment away from any sensitive uses. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Prior to the beginning of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% design plans conform with measure. City of Petaluma Page 34 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 53 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-21 Riparian and Sensitive Habitat Protection The City shall minimize impacts to all riparian areas, oak woodlands, and drainages within 50 feet of any construction area, construction staging area, or pipeline alignment. Silt fences or other fencing material shall be installed around the perimeter of the construction boundaries when construction activities occur within 50 feet of a wetland, riparian area,. or drainage. The City shall install silt fencing or other erosion control material around culvert inlets along pipeline routes to prevent sedimentation and other construction debris from entering the culvert.. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Install prior to the start of construction and maintain until construction complete. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% design plans conform with measure. City of Petaluma Page 35 Winz/er & Kelly November 3, 2008 D2055 0.7 001 Resolution No. 2008-206 N.C.S. Page 54 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM PD-22 Fence Foundation Remnants (applicable to the Near-Term Improvements only) The location of the foundation remnants identified in the Addendum Cultural Resources Study and California Environmental Quality Act Evaluation for the Petaluma Water Recycling Expansion Project shall be shown on construction plans and drawings. The construction contract(s) would specify that this location is to be protected with exclusion fencing and not entered. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Install prior to the start of construction and maintain until completion of construction on Ielmorini Road. Monitoring. Agency: City of Petaluma, Construction Manager Validation: Report that 90% design plans conform with measure. City of Petaluma Page 36 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 55 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM MITIGATION 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 and rehabilitate impacts resulting from construction of the project. Compliance with these mitigation measures would result in minimizing, rectifying, or reducing adverse environmental impacts. City of Petaluma Page 37 Winzler & Kelly November 3, 2008 020.55 07 001 Resolution No. 2008-206 N.C.S. Yage 56 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM AG-1 Purchase Locally Grown or Inspected Plants The City of Petaluma shall designate that the purchase of all plants for landscape screening or riparian restoration efforts shall be from locally grown stock or from a nursery that has an approved monitoring program for the glassy-winged sharpshooter. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At onset of project design. Complete: Prior to the start of landscaping or restoration. Monitoring Agency: City of Petalwna, Construction Manager Validation: Report that 90% design plans conform with measure. City of Petaluma Page 38 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 57 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM LU-1 Replacement of Open Space Easements (applicable to the Program-Level Improvements only) The City shall contribute funds to the Sonoma County Agricultural Preservation and Open Space District to compensate for land acquired for a facility on the District's land. The City's monetary contribution shall be equal to the open space and natural resource value of the land acquired for the facility. All monies contributed by the City shall be utilized in accordance with the Sonoma County Open Space Expenditure Plan. Implementing Agency: City of Petaluma Timing: Start: Upon certification of EIR. Complete: Prior to the beginning of construction on any land with a conservation easement. Monitoring Agency: City of Petaluma, Construction Manager Validation: A Memorandum of Agreement shall be signed between the City and the District prior to the beginning of facility construction. City of Petaluma Page 39 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 58 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM HWQ-1 Pond Seepage (applicable to the Program-Level Improvements only) When the open .reservoir is sited, the City shall retain a qualified professional to perform a hydrogeologic study of the site-specific conditions at the open reservoir to determine if seepage from the reservoir would substantially impact water quality. [f the study determines that seepage could have a substantial adverse impact on groundwater or surface water quality, the reservoir shall be lined and/or facilities shall be constructed to intercept the seepage and pump it back into the reservoir. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: From onset of project design for the open reservoir. Complete: Prior to the completion of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% design plans conform with measure. City of Petaluma Page 40 Winzler & Kelly November 3. 2008 02055 07 001 kesolution No. 2008-206 N.C.S. Page 59 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM NOI-1 Pump Station Noise Control (applicable to the Program-Level Improvements only) The City shall retain a qualified Noise Control Engineer to assist in the final design of the new pump station. The Noise Control Engineer shall be responsible for designing the following possible noise reduction measures that would reduce operational noise levels to meet City and County standards at residential receptors. • Enclose the pump station within a pump house. • Locate the pump station away from existing residential land uses. Design of all facilities such that all openings such as for ventilation and doors shall face away from the nearest sensitive receptors. This provides an approximate 10 to 15 dBA noise reduction. • Construct exterior doors for the facilities of metal assemblies that are weather stripped to form an airtight seal when closed. Weather stripped steel doors provide approximately 3 to 5 dBA additional noise reduction. • Caulk the wall-roof intersection to be airtight and treat any ventilation openings in the roof. • Additional noise controls may be necessary depending upon the final design (when known). The Noise. Control Engineer shall consider acoustical louvers, acoustically lined plenums, or other treatments for quiet ventilation of the building. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: During final design of the proposed Project. Complete: At the completion of final design. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% plans conform with measure. City of Petaluma Page 41 Winz/er & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 60 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-1a Avoid the Loss of Candidate, Sensitive, or Special Status Species and their Habitat The City of Petaluma shall, to the extent feasible, avoid take of state and federally listed or proposed species, state candidates for listing, CNPS List 1 B species, and occupied or critical habitat for these animal species. If avoidance is not feasible, compensation shall be provided as described below. Reconnaissance-level surveys shall be performed to determine whether the area potentially affected by the project may contain habitat suitable for such species. If the area does not contain suitable habitat, this shall be documented in a habitat assessment report and no further action is necessary. If the area does contain .suitable habitat, protocol-level surveys to determine presence or absence of target species shall be conducted prior to construction wherever habitats for these species will be impacted. Protocol-level surveys shall be conducted by qualified biologists familiar with the fauna and flora of Sonoma County. All protocol-level surveys shall be coordinated with the appropriate responsible agencies, i.e., U.S. Fish and Wildlife Service, National Marine Fisheries Service, and/or California Department of Fish and Game. If target species are found to be absent from the project area, then the Project shall obtain concurrence from the responsible agencies of that finding. No protocol-level surveys to determine presence or absence or further mitigation for impacts to target species are necessary under this measure if the species is found to be absent from the project area and if the responsible agencies concur with the finding. If federally- listed target species are found to occur within the study area and cannot be avoided, then the City shall obtain the appropriate authorization (a Biological Opinion or Section 10 permit) from the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service authorizing take of the federally-listed species or its occupied or critical habitat. For state-listed species, the City shall obtain the appropriate authorization (Section 2081) from the California Department of Fish. and Game authorizing take of the state-listed species or its occupied habitat. As part of this process, the Project shall submit asite-specific mitigation and compensation program for the affected resource acceptable to U.S. Fish and Wildlife Service, the National Marine Fisheries Service, or the California Department of Fish and Game, as applicable. If a species is listed as endangered, rare, or threatened. by the state or U.S., and either the habitat or individuals are found to occur within the study area and cannot be avoided, compensatory actions (examples of which are described below) shall be undertaken such that the number of individuals is not reduced and the range of the species is not restricted. Avoidance and compensatory measures which may be required for specific species are listed below: California Clapper Rail • Construction activity in occupied California Clapper Rail habitat may b.e limited to occur outside the breeding season for this species during the time frame of September 1 through January 15. • A minimum 200-foot buffer may be required to be clearly delineated around the boundary of occupied California Clapper Rail habitat that is located adjacent to a construction zone. • Within occupied habitat, construction may be limited to the minimum width corridor possible and not greater than 15 meter (50 feet) wide. The perimeter of the construction corridors may need to be clearly delineated. • Staging and materials storage areas may need to be located outside of occupied habitat for California Clapper Rail. City of Petaluma Page 42 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 61 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM California Tiger Salamander o The Project may need to avoid construction activities in all breeding ponds occupied by California tiger salamanders. • The Project may need to avoid construction activities in California tiger salamander terrestrial habitat within 500 meters (] 640 feet) of a known breeding pond. Between 500 meters and 2000 meters of a known breeding pond, construction or ground disturbing activities may be limited to occur in suitable terrestrial habitats (i.e., annual grasslands or oak savanna) that are contiguous to the known breeding pond unless the habitat is shown to be unoccupiedthrough protocol-level surveys. • Construction activities in occupied habitat may need to be limited to the dry season (June through October) when salamanders are not moving between terrestrial habitat and aquatic breeding habitat.. e Compensation for impacts to California tiger salamander habitat may need to include programs that address the various life stages of this species and would include purchase of mitigation credits or creation of habitat equivalent to the loss of habitat value. California Red-legged Frog ® The Project may need to use tunneling methods to cross creeks occupied by California red-legged frogs. If needed, bore pits may need to be located outside the riparian corridor along occupied frog streams and no vegetation would be removed along the streambank. • All storage and staging area may need to be located outside of California red-legged frog habitat. o Preconstruction surveys may need to be conducted in potential habitat areas by qualified biologists at least two weeks before initiation of activities in California red-legged frog habitat. If any life stage of the California red-legged frog is found within the project area, the City would need to contact the U.S. Fish and Wildlife Service for permission to move the animals or larvae. If movement of the animals is approved, aService-approved biologist may need to move the animals to an appropriate area within the same stream. A Service-approved biologist may need to'monitor all work within potential California red- legged frog habitat. • When work within a creek or pond occupied by California red-legged frogs cannot be avoided, work may need to be completed between April 1 and November 1. The work area may need to be limited to the minimum necessary to complete the project, and creek crossings should not exceed 15 meters (50 feet) in width. a Streams that are temporarily impacted by construction activities may require stream contours to be returned to their original condition. • [f permanent impacts to California red-legged frog habitat (i.e., ponds and streams) occur, they may need to be mitigated by creation of new habitat. Created ponds would have a hydroperiod sufficient to allow completion of breeding and larval development but be designed to dry completely by the fall to avoid colonization by predators. U.S. Fish and Wildlife Service may establish a buffer up to 300 feet around red-legged frog habitat. o Severely trimmed or removed riparian vegetation may need to be replaced. City of Petaluma Page 43 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 62 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM California Freshwater Shrimp • The Project may need to use tunneling methods to cross creeks where the crossing location is occupied by California freshwater shrimp. If required, bore pits may need to be located outside the riparian corridor along occupied shrimp streams and no vegetation would be removed along the streambank. • Construction activities may need to be restricted to the dry season (low flow period) to minimize transport of material from the project area downstream. • Project areas that are adjacent to streams that provide habitat for California freshwater shrimp may need to be surveyed prior to project activities (including removal of streamside vegetation) to insure that California freshwater shrimp are not present within the project area or downstream of the project area. ® Riparian vegetation that extends over or into the water or that has roots extending into the water may need to be preserved in a stream occupied by California freshwater shrimp. Riparian vegetation that does not provide cover or foraging areas for shrimp may be trimmed or removed. The amount disturbed may need to be restricted to the minimum necessary to complete the project. Severely trimmed or removed vegetation would be replaced. Steelhead (Central California Coastal ESU) • The Project~may need to use tunneling methods to cross creeks with 1) surface flow at the time of construction and 2) occupied at the time of construction by Steelhead. If bore pits are required, they may need to be located outside the riparian corridor along occupied streams and no vegetation would be removed along the streambank. • Riparian vegetation that extends over or into the water or that has roots extending into the water may need to be preserved in streams occupied by Steelhead. Vegetation that does not provide shade or shelter for this species may be trimmed or removed, subject to measures stipulated in the Biological Opinion or Section 10 permit for this species. The amount disturbed may need to be the minimum necessary to complete the project. Severely trimmed or removed vegetation shall be replaced. For Aquatic Species (California Tiger Salamander, California Red-legged Frog, California Freshwater Shrimp, Steelhead) Equipment maintenance and fueling areas for mobile equipment may need to be located at least 30 meters (100 feet) away from the creek bank. Fueling would be behind a containment barrier that would prevent any spilled or leaked fuel from running into the creek. Servicing of mobile equipment may need to be limited to within designated areas away from sensitive habitats. Motorized equipment used during construction or demolition activities may need to be checked for oil, fuel, and coolant leaks prior to initiating~work. Any equipment found to be leaking fluids would not be used in or within 30 meters of aquatic habitat features to minimize the chances of contaminating the habitat. • An erosion control plan and emergency response and cleanup plan may need to be prepared prior to beginning work adjacent to streams. The plan would detail the methods to contain sediment runoff into the creek .and to contain and cleanup spills of petroleum products or other hazardous materials in the work area. City of Petaluma Page 44 Winz/er & Kelly November 3, 2008 02055 07 001 Resolution No. 2008 206 N.C.S. Page 63 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM Salt Marsh Harvest Mouse • If permanent impacts to salt marsh harvest mouse habitat occur, they shall be mitigated by creation of new habitat equivalent to the habitat value lost. • Hand removal of salt marsh vegetation that the salt marsh harvest mouse relies upon may be necessary to avoid take of this species. • Installation of a barrier exclusion fence may be necessary to prevent salt marsh harvest mice from entering the work area. • The Project may need to use tunneling methods to cross underneath salt marsh harvest mouse habitat. Listed or CNPS List 7B P-ants • Listed or List 1 B plants within the project footprint may need to be transplanted to a mitigation site approved by the California Department of Fish and Game and U.S. Fish and Wildlife Service. Seed from plants unavoidably impacted may need to be collected and preserved for planting on an approved mitigation site. • Where construction activities unavoidably affect a listed or List 1 B plant species, corridor widths may need to be limited to a maximum of 15 meters (50 feet). • Al] storage and staging areas may need to be located outside listed or List 1 B plant habitat. • Mitigation projects shall be monitored annually for five years using success criteria developed in coordination with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: Design measures -During design, reconnaissance missions shall be done by environmental team members to include requirements for species protection in the constraints section of the contract documents. Construction measures - At the start of construction. Complete: Construction measures - at completion of construction. Monitoring -five years after construction. Monitoring Agency: City of Petaluma, Construction Manager, Environmental Manager Validation: Report that 90% plans conform with measure. Mitigation projects shall be monitored annually for five years using success criteria developed in coordination with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. City of Petaluma Page 45 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 64 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-1 b Rare, Threatened and Endangered Plant Protection Program The City of Petaluma shall avoid loss of individuals of a CNPS List 2, 3, or 4 (sensitive) plant species, to the extent feasible. If avoidance is infeasible, compensation shall be provided as described below. .Surveys for sensitive plant species shall be conducted by a qualified botanist during the bloom period. If the impacts from a project to List 2, 3 or 4 plant species exceed 15% of the known occurrences or populations in Sonoma County, then plants shall be relocated or compensatory mitigation shall occur. Measures may include: • Transplant plants within the permanent project footprint to a mitigation site. Seed from plants unavoidably impacted shall also be collected and preserved for planting. The transplanted plants or seeds should be reestablished on site if possible; otherwise, they .shall be established on a mitigation parcel. A monitoring plan shall be developed and implemented to document survival, establish success criteria, and establish remedial actions. • Replace sensitive plant populations permanently impacted by project activities. Develop and implement a monitoring plan to document survival, establish success criteria, and establish remedial actions. • Limit corridor widths to a maximum of ] 5 meters (50 feet) through plant habitat. o Mitigation projects shall be monitored annually for five years using success criteria developed in coordination with the California Department of Fish and Game. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: Design measures -During design reconnaissance missions shall be done by environmental team members to include requirements for species protection in the constraint section of the contract documents. Construction measures - At the start of construction. Complete: Construction measures - at completion of construction. Monitoring -five years after construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% plans conform to .measure. Mitigation projects shall be monitored annually for five years using success criteria developed in coordination with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. City of Petaluma Page 46 Winz/er & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Yagc 65 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-2a Avoid Loss of Riparian Habitat or Other Sensitive Natural Communities (applicable to the Program-Level Improvements only) A qualified biologist shall conduct a census of all riparian woody vegetation from the top-of--bank and/or drip-line of the tree or shrub canopy within the area permanently affected by the project. The census will include identification of riparian tree and shrub species, counts of stems, and diameter at breast height for those stems greater than 24-inches in diameter within the construction footprint. The City shall prepare a Riparian Mitigation and Monitoring Plan to include a planting palette, a conceptual planting plan, performance criteria, and procedures for maintenance and monitoring. The plan shall be written in sufficient detail for a CDFG 1602 Streambed Alteration Agreement. Mitigation shall be on site, if possible, at a ratio of 2:1, namely 2 acres of riparian forest for every acre impacted by construction. Mitigation sites will be preserved in perpetuity. Oak woodlands within the proposed construction corridors shall also be avoided to the extent practicable. An arborist report shall be prepared for protected trees in accordance with the requirements of the local ordinance that applies to the project (City of Petaluma or Sonoma County). If permanent impacts to protected trees cannot be avoided, then the City shall develop asite-specific compensatory program that complies with the local tree ordinances regarding mitigation ratio and approaches. Implementing Agency: City of Petaluma Timing: Start: Design measures - During design, reconnaissance shall be performed by environmental team members to include requirements for habitat restoration in the contract documents. Construction measures - At the start of construction. Complete: Construction measures - at completion of construction. Monitoring -five years after construction. Monitoring.Agency: City of Petaluma, Construction Manager, Environmental Manager Validation: Report that 90% plans conform with measure. Mitigation projects shall be monitored annually for five years using success criteria developed in coordination with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. City of Petaluma Page 47 Winzler & Kelly November 3, 2008 0205.5 07 001 Resolution No. 2008-206 N.C.S. Page 66 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-2b Avoid Loss of Aquatic Habitat due to Open Reservoir (applicable to the Program- Level Improvements only) The City shall avoid loss of aquatic habitat below the hillside open reservoir, to the extent feasible. Reconnaissance missions shall be conducted to site the reservoir, to the extent possible, at a location that does not directly impact or change the flow of a nearby stream. Where permanent impacts to aquatic habitat may occur, the City shall compensate for these impacts through the implementation of one or more of the following measures: • Natural streamflow may be diverted around each reservoir. • New habitat suitable for the species affected may be created or existing, degraded habitat for the species may be enhanced/restored. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: Design measures -During design, reconnaissance mission shall be done by environmental team with design engineer to select. location with the least impact to the environment. Construction measures - At the start of construction. Complete: Construction measures - at completion of construction. Monitoring -five years after construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% plans conform with measure. If mitigation projects are necessary, they shall be monitored annually for five years using success criteria developed in coordination with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. City of Petaluma Page 48 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C:S. Page 67 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-3 Avoid Fill and Other Impacts to Jurisdictional Waters and Wetlands (applicable to the Program-Level Improvements only) The City of Petaluma shall avoid permanent fill of jurisdictional waters and wetlands, to the extent feasible. Preconstruction surveys shall identify waters and wetlands according to state and federal regulations. If fill cannot be avoided, the City shall compensate for these impacts by creation, restoration, or preservation of wetlands and waters. The City shall prepare and implement a Waters and Wetlands Mitigation Plan (Plan) acceptable to the Corps, the Regional Water Quality Board, and Department of Fish and Game. The Plan shall be prepared by a biologist or horticulturalist with experience in native plant community and habitat restoration. Measures may include the following as applicable to the impacts and the project site: • Removal of sediments and foreign materials deposited by construction activities from jurisdictional waters. • Restoration of disturbed waters, wetlands or stream gradients to original contour and hydrologic condition. • Bank stabilization prior to the onset of winter using straw, matting, wattles, or other suitable means. • Reestablishment of riparian woodland and stands of sensitive status wetland plant cover using native seed stock, container plants, and/or cuttings collected from as close to the impact vicinity as possible. ® Protection and conservation of topsoil within riparian woodland and stands of sensitive status wetland plant cover. s Creation of compensatory wetland acreage to mitigate permanent impacts. Compensatory wetlands shall be in-kind, if practicable and, if feasible, compensatory waters or wetlands shall be located within the same watershed as the impacted waters/wetlands. Mitigation efforts may be consolidated in one or more compensatory waters/wetland mitigation projects. Out-of--kind compensatory wetlands, if constructed, shall provide equal or greater wetland function and value than impacted waters. Implementing Agency: City of Petaluma Timing: Start: At onset of design. Complete: Construction measures - at completion of construction. Monitoring -five years after construction. Monitoring Agency: City of Petaluma, Construction Manager, Environmental Manager Validation: Mitigation and revegetation success shall be monitored annually for five years using success criteria developed in coordination with the California Department of Fish and Game, appropriate Regional Water Quality Control Board(s), and the U.S. Army Corps of Engineers. City of Petaluma Page 49 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 68 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-4a Native Wildlife Nursery Protection Program A qualified biologist shall conduct pre-construction surveys of the project area at least two weeks prior to initiation of construction activities to determine if any active raptor or migratory bird nests occur within proposed construction corridor. A minimum 50-foot fence barrier shall be erected around the nest site of passerine (songbirds), 200-foot for raptor nests, and 500 feet for rookeries and maintained until the young have fledged and have left the nesting site. 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 be having a negative impact on the nesting birds. The monitor shall also monitor the nest to determine when the young have fledged. In addition, a qualified biologist shall survey pastoral and annual grasslands for dens of native mammals including American badger. If active dens are identified consultation shall be initiated with CDFG and their recommendation implemented. Implementing Agency: City of Petaluma Timing: Start: Design measures -During component design. Construction measures - At the start of construction. Complete: Construction measures - at completion of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: Birds monitored and protected during construction. City of Petaluma Page 50 Winz/er & Kelty November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 69 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-4b Avoid Blocking Major Wildlife Migration or Travel Corridors (applicable to the Program-Level Improvements only) The City of Petaluma shall avoid blocking major migration or travel corridors, to the extent feasible. Preconstruction surveys conducted by a qualified biologist shall identify major migration routes and travel corridors. Where impacts to migration or travel corridors cannot be avoided, the City shall compensate for these impacts through the implementation of one or more of the following measures: • Construction and maintenance activities may be timed to avoid seasonal migration or travel routes. • Mitigation efforts may provide an adequately sized, unobstructed corridor to natural open space that also provides habitat for the target species. These corridors would allow movement between the mitigation area and the occupied habitat. • Culverts or underpasses in streams occupied by steelhead, may be designed according to guidelines provided in CDFG's California Stream Habitat Restoration Manual. Implementing Agency: City of Petaluma, Design Engineer Timing: Start: At the beginning of design. Complete: At completion of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: Report that 90% plans conform with measure. Report identifying migration/travel corridors, if necessary. City of Petaluma Page 51 Winzler & Kelly November 3, 7008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 70 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM BIO-5 Avoid Permanent Impacts to Protected Trees (applicable to the. Program-Level Improvements only) The City of Petaluma shall avoid permanent impacts to protected trees (as defined by local Tree Ordinances or such regulations that are in effect at the time of start of construction), to the extent feasible. If permanent impacts cannot be avoided, sensitive trees and plant communities shall be replaced or restored. Measures may include: • If permanent impacts to sensitive trees are found to occur in the project area and cannot be avoided, then the City may develop asite-specific compensatory program for the affected resource. The compensatory program must be acceptable to the appropriate agency. • Trees larger than 6 inches in diameter may be subject to protection and compensation. • Protected trees, their protected perimeters and whether they are to be retained or removed would need to be clearly shown on all improvement plans. • Before the start of any work on the site, trees designated for protection on the approved site plan may need to be clearly delineated with a substantial barrier (steel posts and barbed wire or chain link fencing) at the protected perimeter, or limits established during the permit process. The delineation markers would remain in place for the duration of all work. A certified arborist may be needed to inspect trees within or adjacent to project area prior to initiation of construction activities. • When it is necessary to limb trees, prune branches, or prune roots within the right-of--way, work may need to be conducted by a certified arborist in accordance with accepted arboricultural practices, including the pruning standards published by the California Department of Forestry (Coast Region). This work would occur only as a means of protecting trees from damage or removal. • Trees to be removed may need to be clearly marked. Where practicable, trees and shrubs would be salvaged for replanting in temporarily disturbed areas. Where proposed facilities or construction activities must encroach upon the protected perimeter of a protected tree, special measures may be needed to avoid compaction and allow the roots to obtain oxygen, water, and nutrients. Implementing Agency: City of Petaluma Timing: Start: Design measures -During component design. Construction measures - At the start of construction. Complete: Construction measures - at completion of construction. If a compensatory program is implemented, then monitoring will commence for five years after construction. Monitoring Agency: City of Petaluma Validation: Report that 90% plans conform with measure. Mitigation projects shall be monitored annually for five years using success criteria developed by the City. City of Petaluma Page 52 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 71 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM CR-1a Identify and Avoid or Minimize .Impacts to Cultural Resources (applicable to the Near-Term Improvements only) The City of Petaluma shall avoid impacts to cultural resources, to the extent feasible. The treatment of cultural resources to be affected by the Project shall be addressed under applicable cultural resource laws and regulations. The following measures will be taken to address cultural resources in and around the near-term improvements: • In coordination with the State Water Resources Control Board (SWRCB), identify the Area of Potential Effect (APE) for the lelmorini/E. Washington Street improvements and the Browns Lane improvements. Based on the APE and coordination with the SWRCB the following additional tasks may be necessary: • Conduct additional archaeological survey and either augment the existing Archeological Survey Report or prepare anew expanded report based on the agency consultation; • Evaluate the significance of any identified resources, in consultation with the State Historic Preservation Officer (SHPO); • Prepare a Finding of (No) Historic Properties Affected; or a Finding of Adverse Effect; and • Develop and implement a Treatment Plan to resolve any identified adverse effects. • Because of the possible presence of subsurface archeological resources in the vicinity of the pipeline route, prior to the start of construction core samples shall be taken along a portion of the lelmorini pipeline route by a qualified archeologist. A Treatment Plan outlining the procedures to be taken in the event archeological or cultural materials are found will be prepared prior to the core samples being taken. The number and location of the core samples shall be determined in coordination with representatives of the. Sacred Sites Protection Committee of the Federated Indians of Graton Rancheria, and SWRCB. Based on the results of the core samples, a construction monitoring plan may be developed. The plan would identify when and where construction monitoring would be necessary and the actions to be taken if archeological resources are discovered. Implementing Agency: City of Petaluma Timing: Start: At onset of design. Complete: Before and during project construction. Monitoring Agency: City of Petaluma, Construction Manager. Validation: Completion of mitigation as necessary. City of Petaluma Page 53 Winzler & Kelly November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 72 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM CR-1 b Identify and Avoid or Minimize Impacts to Cultural Resources (applicable to the Program-Level Improvements only) The City of Petaluma shall avoid impacts to cultural resources, to the extent feasible. The treatment of cultural resources to be affected by the Project shall be addressed under applicable cultural resource laws and regulations. Consultation to address potential adverse effects to cultural resources may involve interested parties, and any additional agencies which assert jurisdiction over the project. A four-step process shall be implemented to address potential impacts and the requirements of the cultural resource laws and regulations. Once the final Area of Potential Effects (APE) for the project is selected, the first step will be identification of cultural resources within the APE. If cultural resources are identified, the second step will require that these resources be evaluated under appropriate significance criteria, in consultation with the State Historic Preservation Officer (SHPO), if necessary. If the resources are significant, the third step will be to determine whether they will be adversely affected by the project. The fourth step will involve avoidance or mitigation of any adverse effects to significant resources. Measures to minimize impacts may include: • Designing project actions to conform with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; • Adhering to the city's Historic Commercial District Design Guidelines; • Conducting archaeological data recovery in accordance with a research design approved by the relevant regulatory agencies; • Consulting with regulatory agencies and associated communities to ensure the appropriate treatment of any Traditional Cultural Properties which may be impacted by the project; and • Monitoring culturally sensitive areas. Implementing Agency: City of Petaluma Timing: Start: At onset of design. Complete: Before and during Project construction. Monitoring Agency: City of Petaluma, Construction Manager. Validation: Completion of mitigation as necessary. City of Petaluma Page 54 Winzler & Keiiy November 3. 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 73 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM CR-2 Evaluation and Treatment of Paleontological Resources If paleontological resources are encountered during project construction, all work within 25 feet of the find shall be .redirected and. a qualified paleontologist contacted to evaluate the find .and make recommendations. If the fossils are not significant, no further protection is necessary. If such fossils are found to be significant, they shall be avoided by construction activities. If the fossils cannot be feasibly avoided, a mitigation strategy will be developed that conforms to the guidance provided by the Society for Vertebrate Paleontology in Assessment and Mitigation of Adverse Impacts to Nonrenewable Paleontologic Resources: Standard Guidelines (Conformable Impact Mitigation Guidelines Committee 1995): The mitigation strategy may include, but is not limited to, data recovery and analysis, preparation of a data recovery report, accessioning recovered fossil material to an accredited paleontological repository, and public outreach and interpretation. Implementing Agency: City of Petaluma Timing: Start: During construction. Complete: Completion of construction. Monitoring Agency: City of Petaluma, Construction Manager. Validation: Completion of mitigation as necessary. City of Petaluma Page 55 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 74 PETALUMA WATER RECYCLING EXPANSION PROGRAM MITIGATION MONITORING PROGRAM VR-1 Landscape Screening The City of Petaluma shall plant drought tolerant, non-invasive shrubs and/or trees at facilities as appropriate to screen views from sensitive viewpoints (scenic vistas, designated local or State scenic resources, high volume travelways, recreation use areas, or other public use area) and to reduce visual contrast in off-site foreground views. All visible faces of reservoir berms shall be revegetated with drought tolerant, non-invasive grasses and where appropriate natural groupings of shrubs shall be planted adjacent to the dams or berms to reduce the visual contrast of the exposed face compared to the surrounding landscape. The area surrounding the exposed face of the storage tank shall be planted with oak trees. Spacing and size of the landscape screening shall be as effective as the visual simulation in the Draft EIR. Implementing Agency: City of Petaluma Timing: Start: During project design and construction. Complete: Prior to substantial completion of construction. Monitoring Agency: City of Petaluma, Construction Manager Validation: The City shall verify that landscaping is included in plans, and shall. monitor success of landscaping for five years after completing construction of a facility. City of Petaluma Page 56 Winzler & Kelly November 3, 2008 02055 07 001 Resolution No. 2008-206 N.C.S. Page 75