HomeMy WebLinkAboutStaff Report 4.C-1 08/01/2005CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
4. C. 1.
August 1, 2005
Agenda Title: Resolution Certifying the 2005 Construction Meeting Date: August 1, 2005
Addendum to the Water Recycling Facility and River Access Meeting Time: ® 3:00 PM
Improvements EIR; Approving the Project Revisions; Making ❑ 7:00 PM
Findings of Fact; and Adopting a Revised Mitigation Monitoring
Program Therefore
Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ❑ New Business
® Unfinished Business ❑ Presentation
Department: Director: Contact Person:
Phone Number:
Water Resources & Michael Ban, P.E. Margaret Orr, P.E.
778-4589
Conservation
I
Cost of Proposal: N/A
Account Number:
Amount Budgeted: N/A
8299-C500402
Name of Fund:
Wastewater Fund
Attachments to Agenda Packet Item:
• Agenda Report
• Resolution (including Findings of Fact)
• Attachment A - EIR 2005 Construction Addenduun
• Attaclimment B —Revised Mitigation Monitoring Program
Summary Statement: Asa result of final design, several minor revisions to the Water Recycling Facility
and River Access Improvements Project were evaluated in the 2005 Construction Addendum. The
revisions include the addition of two temporary pipeline crossings of Ellis Creek, removal of several
outbuildings associated with the farmhouse, use of secondary recycled water during construction, and
minor revisions to the mitigation measures. As a result, the City has prepared an Addendum to the original
EIR certified in August 2002 and modified in April 2004. No new significant environmental effects have
been identified as a result of these revisions, and so an Addendum is the appropriate method of modifying
the EIR.
Recommended Citv Council Action/Suggested Motion: City Management recommends that the City
Council approve the resolution certifying the 2005 Construction Addendum, making Findings of Fact,
adopting the revised Mitigation Monitoring Program, and approving the proposed changes in the Water
Recycling Facility and River Access Improvements Project.
eviewed by Finance Director:
'Date: � 25
odav's Date:
7/20/05
Reviewed by City Attornev
Date:
Revision # and Date Revised:
#
ApACOnVIpy City Manager:
Date:
File Code: S:\water resources&
conservation\Wastewater\9012\phase 3 -
conslruction\City Council\August I, 2005\BIR 2005
Construction AddendunnTIR Agenda Bill & CC
Report Revised.doc
CITY OF PETALUMA, CALIFORNIA
AUGUST 1, 2005
AGENDA REPORT
FOR
Resolution Certifying the 2005 Construction Addendum to the Water
Recycling Facility and River Access Improvements EIR; Approving the
Project Revisions; Making Findings of Fact; and Adopting a Revised
Mitigation Monitoring Program Therefore
1. EXECUTIVE SUMMARY:
As a result of final design, several minor revisions to the Water Recycling Facility and River
Access Improvements Project were evaluated in the 2005 Construction Addendum. The
revisions include the addition of two temporary pipeline crossings of Ellis Creek, removal of
several outbuildings associated with the farmhouse, use of secondary recycled water during
construction, and minor revisions to the mitigation measures. As a result, the City has prepared
an Addendum to the original EIR certified in August 2002 and modified in April 2004. No new
significant environmental effects have been identified as a result of these revisions, and so an
Addendlun is the appropriate method of modifying the EIR.
City Management reconnnends that the City Council approve the resolution certifying the 2005
Construction Addendum, making Findings of Fact, adopting the revised Mitigation Monitoring
Program, and approving the proposed changes in the Water Recycling Facility and River Access
Improvements Project.
2. BACKGROUND:
The City proposes to construct the Ellis Creek Water Recycling Facility at 4104 Lakeville Highway,
adjacent to the City's oxidation ponds. The facility includes facilities to provide secondary
treatment for up to 6.7 million gallons per day (mgd) average dry weather flow, tertiary treatment for
up to 4 mgd, biosolids treatment to meet EPA Class B requirements for beneficial reuse, and
includes algae removal with treatment wetlands and polishing treatment wetlands for nutrient and
additional metals removal.
An EIR for the project was certified, findings made, and a statement of overriding considerations
adopted in August 2002. Revisions to the project were subsequently proposed and an EIR
addendum certified, findings made, and statement of overriding considerations adopted in May
of 2004. Since that time, final engineering design has proceeded and minor revisions in the
project are currently proposed. The Findings of Fact, which are included as part of the
resolution, are made relative only to the decision at hand: approval of minor revisions to the City
of ,Petaluma Water Recycling Facility and Marsh Acquisition, Enhancement, and Access
Improvements Project, as described in the 2005 Construction Addendum.
These minor revisions are as follows:
• Addition of two temporary pipeline crossings of Ellis Creek
• Removal of several outbuildings associated with the farmhouse
• Use of secondary recycled water during construction
• Minor revisions to the mitigation measures.
These minor revisions do not result in new significant impacts, and therefore, no changes to the
previously adopted statement of overriding considerations is required.
The 2005 Construction Addendum identified two significant impacts resulting from project revisions
that, with mitigation, can be reduced to less -than -significant levels: BIO -2, loss of bird nests or
wildlife nursery sites; and BIO -7, loss of wetlands or waters of the U.S. Also, minor changes have
been made to Mitigation Measure BIO -2b.
With respect to the two biological resources impacts, three mitigation measures have been adopted:
Measure BIO -2a, Active Raptor and Migratory Bird Nest Protection Program; Measure BIO -2b,
Rookery/Nest Protection Program; and Measure BIO -7, Create or Restore Wetlands and Water of
the U.S.
Regarding Impact BIO -2, loss of nests or wildlife nursery sites, Measure BIO -2a, Active Raptor and
Migratory Bird Nest Protection Program, and BIO -2b, Rookery/Nest Protection Program (as
modified in this Addendum), will identify nests and establish exclusion zones and seasonal
limitations in consultation with the California Department of Fish and Game to avoid disturbance
during the nesting season. These mitigation measures are feasible and will reduce the impacts to a
level below significance.
Regarding Impact BIO -7, loss of wetlands or waters of the U.S., Measure BIO -7 requires restoration
of temporary impacts to wetlands and compensatory creation of wetlands for permanent impacts,
thus reducing impacts to wetlands to a less -than -significant level. Land is available within the
project area for compensatory creation of riparian or wetlands habitats; therefore this mitigation
measure is feasible and will reduce impacts to wetlands to a level below significance.
Overall, there are no new significant unavoidable enviromnental impacts as a result of the final
design. The one significant unavoidable impact from the approved Project remains:
• Impact AG -1: Loss of approximately 149 acres of farmland on Parcels A and B
When the project was approved in August of 2002, a statement of overriding considerations was
adopted, explaining the City's reasons that the polishing wetlands and public educational and
recreational facilities were approved despite their significant impact on fannland.
The 2005 construction addendum is provided in Attachment A.
ALTERNATIVES:
Where a significant impact can be substantially lessened (i.e., mitigated to an "acceptable level")
solely by the adoption of mitigation measures, the lead agency, in drafting its findings, has no
obligation to consider the feasibility of alternatives with respect to that impact, even if the
alternative would mitigate the impact to a greater degree than the proposed Project. (Pub.
Resources Code, § 21002; Laurel Hills Homeowners Association, supra, 83 Cal.App.3d at p.
521; see also Kings City Farm Bureau v. City of Han ford (1990) 221 Cal.App.3d 692, 730-731;
Laurel Heights Improvement Association v. Regents of the University of California (1988) 47
Cal.3d 376, 400-403.)
4. FINANCIAL IMPACTS:
The modifications to the project allow for the use of secondary recycled water at the project site
for numerous construction related tasks such as dust control, hydraulic testing and irrigation.
This helps conserve potable water for use within the urban setting.
CONCLUSION:
The preceding discussion regarding project impacts reveals that significant effects identified in
the 2005 Construction Addendum have been substantially lessened by the adoption of feasible
mitigation measures, and therefore no further consideration of project alternatives need be
undertaken and the Addendum can be approved.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
Following City Coimcil approval of the 2005 Construction Addendum and direction regarding
award for construction of the facility, the outcomes or performance measurements that will
identify success or completion include procurement of corps permit, award of the construction
contract by the City Council, construction of the facility (safely, on schedule, within budget, and
following all environmental requirements), and operation and maintenance of the Ellis Creek
Water Recycling Facility.
The schedule for the project is shown in Table 1.
Table 1
Ellis Creels Water Recycling Facility
Anticipated Construction Schedule
Item Date
City Council Contract Award August 1, 2005
Notice -To -Proceed / Begin Construction August 31, 2005
Construction Phase September 2005 — September 2008
Start Up Phase October 2008 — March 2009
Project Completion April 2009
7. RECOMMENDATION:
City Management recommends that the City Council approve the resolution certifying the 2005
Construction Addendum, malting Findings of Fact, adopting the revised Mitigation Monitoring
Cl
Program, and approving the proposed changes in the Water Recycling Facility and River Access
Improvements Project.
RESOLUTION
I Resolution Certifying the 2005 Construction Addendum to the Water
2 Recycling Facility and River Access Improvements EIR; Approving the
3 Project Revisions; Making Finding of Fact; and Adopting a Revised
4 Mitigation Monitoring Program Therefore
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WHEREAS, in 1938, the original wastewater treatment processes were constructed at
950 Hopper Street;
WHEREAS, to meet the community's needs and changing regulatory requirements,
various upgrades and additions to the wastewater treatment plant were conducted through
the 1960s;
WHEREAS, in 1972, the oxidation ponds were constructed at 4400 Lakeville Highway
to provide additional treatment capacity;
WHEREAS, in 1988, with influent flows exceeding 75% of the permitted capacity of the
wastewater treatment facility, and necessary upgrades to the facility to increase treatment
capacity and continue to meet the needs of the community were determined to be too
costly, the City determined to replace the existing wastewater treatment facility,
WHEREAS, in 1991 the City executed a Memorandum of Understanding with
Envirotech Operating Services (EOS) to design, build, construct, own and operate (20
years) a new wastewater treatment facility (Resolution No. 91-107);
WHEREAS, on July 31, 1991, EOS submitted an application to the California Public
Utilities Commission (CPUC) seeking an exemption from CPUC regulation under the
California Local Government Privatization Act of 1985;
WHEREAS, on October 21, 1991, Administrative Law Judge Ramsey determined that
the MOU did not meet the requirements of the Public Utilities Code and ordered that "the
application is denied without prejudice to refiling after amendment';
WHEREAS, in February 1992 EOS and the City mutually agreed to rescind the MOU;
WHEREAS, on June 20, 1994, following a report prepared by Ernst and Young, the City
Council adopted Resolution No. 94-156, which directed that the Service Agreement
Approach (privatization) be utilized for procurement of a new wastewater treatment
facility;
WHEREAS, on June 17, 1996, the City Council adopted Resolution No. 96-163, which
certified the Final EIR documents, Resolution No. 96-164, which approved the Project,
and Resolution No. 96-165, which approved and authorized issuance of the Request For
Proposal;
WHEREAS, on July 17, 1996, the RFP was issued to five pre -qualified vendor teams;
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WHEREAS, in January 1997, the City received proposals from Montgomery United
Water (MUW) and US Filter/EOS;
WHEREAS, the Citizens' Wastewater Advisory Committee considered the proposals on
May 28, 1997, June 3, 1997, June 4, 1997, July 2, 1997, October 20, 1997, October 30,
1997, November 4, 1997, November 18, 1997, and on December 3, 1997;
WHERAS, the City Council considered the proposals on July 7, 1997, September 8,
1997, September 15, 1997, September 22, 1997, September 29, 1997, October 6, 1997,
December 3, 1997, and December 8, 1997;
WHEREAS, on January 5, 1998, the City Council adopted Resolution No. 98-11, which
selected MUW for contract negotiations;
WHEREAS, negotiations with MUW on technical, legal and agreement issues began on
January 27, 1998 and proceeded through spring 1999;
WHEREAS, on September 21, 1998, the City Council, recognizing the need for
development of a public alternative to the proposed privatization project, approved
preparation of the wastewater treatment facility master plan;
WHEREAS, on September 21, 1999, the City Council adopted Resolution No. 99-188,
which terminated the privatization process and established City ownership of the new
wastewater treatment facility. Reasons cited for this determination included, among
others:
Risk of Change Required Over 30 -Year Contract Term. Changes in the
City's needs may occur during the 30 -year life of the contract. The City is at a
disadvantage by being able to negotiate with only one party for changes in the
facility's capacity.
Requirement of Fair Market Value Purchase. In order for MUW to retain
tax ownership, the City's option to purchase the facility at the end of the contract
term would have to be at fair market value. The price of the facility could not be
fixed in the contract, but would depend on the value of the facility at the time of
the exercise of the option, thereby putting the City and ratepayers at risk of having
to pay for part of the plant twice.
1 Lack of City Approval of Design. In order for MUW to retain tax
ownership, Section 4.8.1 of the agreement limited the City's participation in the
design process.
1 Third Party Services. In order for MUW to retain tax ownership, Section
5.2.4 would allow the Company to provide services to others (in addition to the
City) at the Project Site.
/ Inability to Agree On Contract Language. After extensive negotiations
between the City and MUW, specific contract language on the above and other
critical issues could not be agreed upon.
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WHEREAS, on September 21, 1999, the City Council adopted Resolution No. 99-189,
which approved the Wastewater Treatment Master Plan, with the understanding that the
Master Plan's recommended project would be further reviewed to address questions
asked by the City's independent wastewater professionals;
WHEREAS, on October 29, 1999, the City issued a Request For Proposal for
engineering services in support of the water recycling facility project (new wastewater
treatment facility);
WHEREAS, the City Council adopted Resolution No. 2000-66 on April 3, 2000, which
authorized the City Manager to execute a professional services agreement with Carollo
Engineers for engineering services in support of Phase 1 — Project Report of the Water
Recycling Facility Project;
WHEREAS, five alternatives for the new water recycling facility were presented at a
Public Forton at the Community Center on June 14, 2000;
WHEREAS, the City Council heard a discussion on the criteria for evaluating the
alternatives on September 5, 2000;
WHEREAS, the results of the analysis and comparison of the alternatives were
presented at a Public Forum at the Community Center on November 8, 2000;
WHEREAS, the City Council considered and discussed the Draft Water Recycling
Facility Project Report (Carollo Engineers, November 2000) on November 20, 2000;
WHEREAS, the City Council adopted Resolution 00-214 on December 11, 2000, which
approved the Water Recycling Facility Project Report (Carollo Engineers, November
2000), selected Alternative 5 — Extended Aeration as the preferred alternative for the
new water recycling facility, and identified Option A — Wetlands as the preferred
alternative for algae removal over Option B — DAFs;
WHERAS, the City Council adopted Resolution 00-215 on December 11, 2000, which
authorized the City Manager to execute a professional services agreement with Carollo
Engineers for professional engineering services in support of Phase 2 —Project
Development of the Water Recycling Facility Project;
WHEREAS, the City Council considered the Water Recycling Facility Project and the
Daft Water Recycling Facility Predesign Report (Carollo Engineers, November 2001)
on November 14, 2001, November 28, 2001, December 17, 2001 and January 7, 2002;
WHEREAS, the City Council adopted Resolution 2002-012 on January 7, 2002, which
approved design parameters for the preferred alternative for the water recycling facility
project and authorized completion of the environmental impact report;
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I WHEREAS, the City prepared WaterRecyclilzgFacilio) and River Access
2 Iniprovenuents Draft EIR (April 2002) and distributed it to the California State
3 Clearinghouse and to all responsible local, state and federal agencies involved in the
4 Project and made it available for public review;
6 WHEREAS, the City Council held noticed public hearings on May 13, 2002, and May
7 20, 2002, during which all interested persons were provided an opportunity to comment
8 on the adequacy of the Draft EIR;
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WHEREAS, the public review period for the Draft EIR began April 15, 2002, and
closed May 29, 2002;
WHEREAS, the City prepared Water Recycling Facility and River Access
Improvements Final EIR and Response To Comments (Judy 2002), which responded to
comments received on the Draft EIR. The Final EIR did not identify any new significant
impacts that had not been previously evaluated in the Draft EIR.
WHEREAS, the City Council held a noticed public hearing on August 5, 2002, to
consider the Final EIR;
WHEREAS, after due consideration, the Petaluma City Council adopted Resolution
2002-135 certifying the Final Environmental Impact Report for the Water Recycling
Facility and River Access Improvements Project and made the following findings on
August 5, 2002.
1. The Final Environmental Impact Report has been completed in compliance with
the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines.
2. The documents referenced below constitute the Final Environmental Impact
Report and were presented and considered along with both written and oral
continents received during the public review period on the Project and
environmental documents:
a. Water Recycling Facility and River Access Improvements Draft
Environmental Impact Report, in two volumes (April 2002).
b. Water Recycling Facility and River Access Improvements Final
Environmental Impact Report and Response To Comments (July 2002).
3. The City Council, as the decision malting body of the City of Petaluma,
independently reviewed, analyzed and considered the information in the Final
EIR and found that the contents of the Final EIR reflect the independent judgment
of the City of Petaluma
4. The Final EIR was published, made available and circulated for review and
comment.
WHEREAS, the Project certified in the Final EIR included locating a portion of the
treatment plant at 4400 Lakeville Highway, the current site of the City's oxidation ponds
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(APN 0680-010-025, 032 and 024), with polishing treatment wetlands located at 4104
Lakeville Highway (APN 068-010-026, and 017-170-002); and
WHEREAS, the City completed approximately 50% design of the facility in November
2002; and
WHEREAS, through the value engineering effort conducted in December 2002, it
became apparent the alternative of locating the water recycling facility at 4104 Lakeville
Highway and preserving the oxidation pond site for its current function warranted further
evaluation; and
WHEREAS, to construct the water recycling facility at the oxidation pond site would
require the removal, drying and disposal of sludge from the aerated lagoon and oxidation
pond no. 1, construction of a pipeline to deliver influent to oxidation pond no. 2, the
construction of aerators in oxidation pond nos. 2 and 3 to maintain and improve treatment
capacity, and require the placement of approximately 250,000 cubic yards of imported fill
in the oxidation pond no. 1; and
WHEREAS, a feasibility study determined that locating the water recycling facility at
4104 Lakeville Highway was feasible and yields many benefits; and,
WHEREAS, the City Council adopted Resolution No. 2003-196 on August 18, 2003,
which authorized the City Manager to execute an amendment to the professional services
agreement with Carollo Engineers for engineering services in support of locating the new
treatment plant at 4104 Lakeville Highway; and
WHEREAS, the City Council authorized acquisition of approximately 262 acres of land
in the 4000 block of Lakeville Highway for construction of the Water Recycling Facility
and development of the Petaluma Marsh Acquisition, Enhancement and Access Project
on September 8, 2003 through Ordinance No. 2161 N.C.S. for the purchase of real
property described as Sonoma County Assessor's Parcel Nos. 068-010-026 and 017-010-
002; and
WHEREAS, the City acquired Parcel Nos. 068-010-026 and 017-010-002 in February
2004 with the assistance of grant funding from the California Coastal Conservancy and
the Sonoma County Agricultural Preservation and Open Space District; and
WHEREAS, an Addendum to the Water Recycling Facility and River Access
Improvements EIR was prepared to evaluate potential changes to the environmental
affects of the Project due to the proposed Project revisions; and
WHEREAS, the EIR Addendum concluded that the determinations of the Final EIR
remain valid for the revised Project in that none of the Project modifications will have
new significant impacts or substantially increase the severity of previously identified
significant effects, or otherwise meet the requirements of CEQA Guidelines Section
15162 which outlines the standards by which subsequent EIRs are required; and
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2 WHEREAS, the EIR Addendum was published on April 15, 2004 and was available for
3 public review at the City of Petaluma City Hall, Petaluma Library, Petaluma Community
4 Center, Petaluma Senior Center, and the Santa Rosa Junior College, Petaluma campus;
5 and
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WHEREAS, the City Council adopted Resolution No. 2004-101 N.C.S. Re -certifying
Water Recycling Facility and River Access Improvements Project Final Environmental
Impact Report Addendum, and Adopting Findings and Statement of Overriding
Considerations, and Adopting Revised Mitigation Measures and Monitoring Program on
June 7, 2004.
WHEREAS, the City Council adopted Resolution No. 2004-092 N.C.S. Authorizing the
City Manager to Execute a Professional Services Agreement with The Covello Group for
Construction Management Services Task 1 and Task 2 for the City of Petaluma Ellis
Creek Water Recycling Facility Project on June 7, 2004; and
WHEREAS, the City Council adopted Resolution No. 2004-156 Authorizing General
Contractor and Electrical Subcontractor Prequalification for the City of Petaluma Ellis
Creek Water Recycling Facility Project on August 16, 2004; and
WHEREAS, the Site Plan and Architectural Review Committee approved the Project on
November 18, 2004; and
WHEREAS, the Petaluma Planning Commission considered the Project and the
proposed land use designations at 4104 Lakeville Highway on December 14, 2004, and
recommended the City Council approve the General Plan Amendment to the land use
designation of Public/Institutional, prezoning to Planned Community District (PCD) and
rezoning from Agricultural to Planned Community District, and annexation to the City of
Petaluma; and
WHEREAS, the City Council considered the Ellis Creek Water Recycling Facility on
February 7 and 28, 2004 and directed the Department of Water Resources and
Conservation to complete the contract documents for Alternative IA — Full Project With
Bid Alternate for the Ellis Creek Water Recycling Facility and issue the contract
documents to the following prequalified contractors for solicitation of bids for
construction
General Contractors
Slayden Construction
Kiewit Pacific Company
Monterey Mechanical
Balfour Beatty Construction, Inc.
Walsh Pacific Construction
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Electrical Contractors
Mass Electric
Contract Costa Electric
HGH Electric
Blocka Construction
Con J. Franke Electric
WHEREAS, on May 3, 2004, the City Council authorized City Management to prepare
final plans and specifications for the Water Recycling Facility and River Access
Improvements Project and these final plans and specifications have resulted in minor
revisions to the project description being proposed; and
WHEREAS, a Constriction Addendum (July 2005) to the Water Recycling Facility and
River Access Improvements EIR was prepared to evaluate potential changes to the
environmental affects of the Project due to the proposed Project revisions; and
WHEREAS, the 2005 Construction Addendum found that the determinations of the
Final EIR, as modified by the April 2004 Addendum, remain valid for the revised Project
in that none of the Project modifications will have new significant impacts or
substantially increase the severity of previously identified significant effects, or otherwise
meet the requirements of CEQA Guidelines Section 15162 which outlines the standards
by which subsequent Environmental Impact Reports are required; and
WHEREAS, the 2005 Construction Addendum was published on July 25, 2005 and was
available for public review at the City of Petaluma, City Hall, Department of Water
Resources and Conservation; and
WHEREAS, the City Council considered the summary of revisions to the Water
Recycling Facility and River Access hnprovements Project as evaluated in the 2005
Construction Addendum to be as follows:
1. Addition of two temporary pipeline crossings of Ellis Creek;
2. Removal of several outbuildings associated with the farmhouse;
3. Use of secondary recycled water during construction; and
4. Minor revisions to mitigation measures.
NOW THEREFORE BE IT RESOLVED, by the City of Petaluma City Council that:
1. It certifies the 2005 Construction Addendum to the Water Recycling Facility
and River Access Improvements EIR as modified by the April 2004 EIR
Addendum as having been prepared in accordance with CEQA;
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2._ It makes findings of fact that changes or alterations have been required and
incorporated into the project which avoid or substantially lessen the
significant environmental effects as identified in the Construction Addendum
and these findings are attached hereto as Exhibit A;
3. It finds that the project revisions do not cause new significant environmental
effects, and therefore, the Statement of Overriding Considerations adopted at
the time of the project approval in August 2002.and April 2004 is still
applicable and need not be modified;
4. It adopts the Revised Mitigation Monitoring Program incorporating the
program adopted in the Final EIR and the April 2004 Addendum with changes
as outlined in the 2005 Construction Addendum;
5. The Certified EIR, April 2004 EIR Addendum, 2005 Construction Addendum
and all documents constituting the Administrative Record, therefor, shall
reside with the Environmental Review Coordinator of the City of Petaluma
and be made available at the office of such Coordinator at the Petaluma City
Hall, 11 English Street, Petaluma, California; and
6. The Environmental Review Coordinator is directed to file a Notice of
Determination for the revisions to the project adopted hereby.
NOW THEREFORE BE IT FURTHER RESOLVED, by the City Council that:
1. The above recitals are true and correct and hereby declared to be findings of the
City Council of the City of Petaluma.
2. The Resolution shall become effective immediately.
3. All portions of this Resolution are severable. Should any individual component
of this Resolution be adjudged to be invalid and unenforceable by a body of
competent jurisdiction, then the remaining Resolution portions shall be and
continue in full force and effect, except as to those Resolution portions that have
been adjudged invalid. The City Council of the City of Petaluma hereby declares
that it would have adopted this Resolution and each section, subsection, clause,
sentence, phrase and other portion hereof, irrespective of the fact that one or more
section subsection, clause sentence, phrase or other portion may be held invalid or
unconstitutional.
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SAwater resources & conservation\Wastewater\9012\phase 3 - construction\City Council\August I, 2005\EIR
2005 Construction Addendum EIR 2005 Construction Add Resolution.doe
FINDINGS OF FACT
15
EXII= A TO THE RESOLUTION APPROVING REVISIONS TO
THE CITY OF PETALUMA WATER RECYCLING FACILITY AND
MARSH ACQUISITION, ENHANCEMENT, AND ACCESS IMPROVEMENTS PROJECT
FINDINGS OF FACT
1. Introduction
The City proposes to construct the Ellis Creek Water Recycling Facility at 4104
Lakeville Highway, adjacent to the City's oxidation ponds. The facility includes
facilities to provide secondary treatment for up to 6.7 million gallons per day (mgd)
average dry weather flow, tertiary treatment for up to 4 mgd biosolids treatment to meet
EPA Class B requirements for beneficial reuse, and includes algae removal with wetlands
and polishing with wetlands. The project includes a set of improvements that will
provide public recreational and educational amenities.
These findings have been prepared in accordance with the California Environmental
Quality Act, the CEQA Guidelines (Cal. Code Regs., title 14, §15000 et seq.). The City
of Petaluma is the lead agency for the environmental review of the Program and has the
principal responsibility for its approval.
An EIR for the project was certified, findings made, and a statement of overriding
considerations adopted in August 2002. Revisions to the project were subsequently
proposed and an EIR addendum certified, findings made, and statement of overriding
considerations adopted in April of 2004. These findings are available for review at the
City of Petaluma, Department of Water Resources and Conservation. Since that time,
final engineering design has proceeded and minor revisions in the project are currently
proposed. These Findings of Fact are made relative only to the decision at hand:
approval of minor revisions to the City of Petaluma Water Recycling Facility and Marsh
Acquisition, Enhancement, and Access Improvements Project, as described in the 2005
Construction Addendum.
These minor revisions currently being adopted do not result in new significant impacts,
and therefore, no changes to the previously adopted statement of overriding
considerations is required.
2. Findings
The 2005 Construction Addendum identified two significant impacts resulting from
project revisions that, with mitigation, can be reduced to less -than -significant levels:
BI0-2, loss of bird nests or wildlife nursery sites; and 13I0-7, loss of wetlands or waters
of the U.S. Also, minor changes have been made to Mitigation Measure BI0-2b.
With respect to the two biological resources impacts, three mitigation measures have
been adopted: Measure BI0-2a, Active Raptor and Migratory Bird Nest Protection
Program; Measure 13I0 -2b, Rookery/Nest Protection Program; and Measure BI0-7,
Create or Restore Wetlands and Water of the U.S.
16
Regarding Impact BIO -2, loss of nests or wildlife nursery sites, Measure BIO -2a, Active
Raptor and Migratory Bird Nest Protection Program, and BI0-2b, Rookery/Nest
Protection Program (as modified in this Addendum), will identify nests and establish
exclusion zones and seasonal limitations in consultation with the California Department
of Fish and Game to avoid disturbance during the nesting season. These mitigation
measures are feasible and will reduce the impacts to a level below significance.
Regarding Impact BIO -7, loss of wetlands or waters of the U.S., Measure BIO -7, requires
restoration of temporary impacts to wetlands and compensatory creation of wetlands for
permanent impacts, thus reducing impacts to wetlands to a less -than -significant level.
Land is available within the project area for compensatory creation of riparian or
wetlands habitats; therefore this mitigation measure is feasible and will reduce impacts to
wetlands to a level below significance.
3. Alternatives Analvsis
Where a significant impact can be substantially lessened (i.e., mitigated to an "acceptable
level') solely by the adoption of mitigation measures, the lead agency, in drafting its
findings, has no obligation to consider the feasibility of alternatives with respect to that
impact, even if the alternative would mitigate the impact to a greater degree than the
proposed Project. (Pub. Resources Code, § 21002; Laurel Hills Homeowners
Association, supra, 83 Cal.App.3d at p. 521; see also Kings City Fain Burealt v. Cit) of
Hanford (1990) 221 Ca1.App.3d 692, 730-731; Laurel Heights Improvement Association
v. Regents of the University of California (1988) 47 Cal.3d 376, 400-403.)
The preceding discussion regarding project impacts reveals that significant effects
identified in the 2005 Construction Addendum have been substantially lessened by the
adoption of feasible mitigation measures, and therefore no further consideration of
project alternatives need be undertaken.
17
ATTACHMENT A
EIR 2005 CONSTRUCTION ADDENDUM
IK
ATTACHMENT B
REVISED
MITIGATION MONITORING PROGRAM
CITY OF PETALUMA, CALIFORNIA
WATER RECYCLING FACILITY
AND MARSH ACQUISITION, ENHANCEMENT,
AND ACCESS IMPROVEMENTS PROJECT
REVISED
MITIGATION MONITORING PROGRAM
00
mRffti t t:'
July 25, 2005
REVISED MITIGATION MONITORING
PROGRAM
BACKGROUND
The legal basis for the development and implementation of mitigation measures lies in the
California Environmental Quality Act (CEQA). Pursuant to Section 21002 of CEQA, public
agencies should not approve projects as proposed if there are feasible alternatives or feasible
mitigation measures available which would substantially lessen the significant environmental
effects of such projects. Subsection 21002.1 further requires that each public agency shall
mitigate or avoid the significant effects on the environment of projects it approves or carries
out whenever it is feasible to do so.
Assembly Bill (AB) 3180 was enacted in 1989 to ensure that required mitigation measures
and project alternatives were implemented. AB 3180 specifies the public agency's
responsibility to adopt a mitigation monitoring and reporting program:
SECTION I. Section 21081.6 is added to the Public Resources Code, to read:
21081.6. When making the findings required by subdivision (a) of Section 21081 or
when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21081, the public agency shall adopt a reporting or monitoring program for the
changes to the Project which it has adopted or made a condition of Project approval in
order to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designed to ensure compliance during Project
implementation. For those changes which have been required or incorporated into the
Project at the request of an agency having jurisdiction by law over natural resources
affected by the Project, that agency shall, if so requested by the lead or responsible
agency, prepare and submit a proposed reporting or monitoring program.
The monitoring program must be adopted when a public agency makes its findings under
CEQA so that the program can be made a condition of Project approval in order to mitigate
significant effects on the environment.
PURPOSE
This Mitigation Monitoring Program is designed to serve as a tool for the evaluation of
Project compliance with mitigation measures accepted from the EIR. The basic objectives of
the Mitigation Monitoring Program are to achieve the following:
To report to the City Council, and the public, information regarding compliance with
the EIR mitigation measures; and
• To provide assurance and documentation that the studies and actions called for in the
mitigation measures are being performed as planned.
City uC Petaluma Water Recycling facility & River Access Improvements EIR Page MMP -1
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
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.
ADMINISTRATION
The Director of the Water Resources and Conservation Department and/or his/her designee
will be responsible for overall implementation and administration of the Mitigation
Monitoring Program. In order to carry out the mitigation monitoring program, the Director
will designate a staff person to serve as coordinator among the various agencies and
departments. This person (Coordinator) will ensure that each mitigation measure is
implemented to the standards specified in the EIR and is completed in a timely manner. If
current staffing within the Department cannot absorb the work demand to implement the
program, a private contractor will be hired to manage and coordinate the mitigation
monitoring and reporting program. The contractor will serve under the direction of the
Director.
Administration of the Mitigation Monitoring Program will include the following:
• Documentation of permit approvals by other agencies;
• Compliance with conditions of project approval;
• Routine inspections and reporting activities;
• Plan checks;
• Coordination of activities of consultants hired by the City when such expertise and
qualifications are necessary;
• Coordination with applicable agencies that have mitigation monitoring and reporting
responsibilities (if any);
• Follow-up and response to citizens' complaints;
• Development of a work plan and schedule for monitoring activities;
• Maintenance of a mitigation monitoring checklist or other suitable mitigation
compliance summary;
• Implementation of corrective actions or enforcement measures, as needed;
• Preparation of reports of the status of implementation and monitoring of mitigation
measures; and
• Monitoring of financial resources associated with the program.
MITIGATION MEASURE FORMAT
Table 3-1 presents the format for each mitigation measure and the information that each
measure will contain.
City of Petaluma water Recycling Facility River Access improvements ElR Page MMP -3
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
Date:
Location:
Construction Sheet No.:
Condition:
VERIFICATION REPORT
Arrival Time:
Discipline:
❑ Archaeology
❑ Biology
❑ Soils/Geology
❑Other
Departure:
❑ Dust/Air Quality
❑ Noise
Compliance: ❑ Acceptable ❑ Unacceptable ❑ Delay Activity
❑ Remedial Action Implemented
❑ Work Stopped
❑ Follow-up Conference Required
Activity:
Observations:
Recommendations:
By:
Receipt By Project Supervisor:
Signature:
Comments/Actions:
Report Approval:
Date:
Copies to:
Date Entered to Environmental Monitoring File:
By:
City of Petaluma Water Recycling Facility & River Access Improvements FIR
July 25, 2005 Revised Mitigation Monitoring Program — 2005
Time:
Page MMP -5
04-205503
Table 3-2
Mitigation Monitoring Checklist
Mitigation Measure
Implementing Agency
Monitoring Agency
PD -12 Inspect and Test for Lead-based
Construction Manager
City of Petaluma
Paint and Asbestos Containing
Material (ACM) in any
Buildings at 950 Hopper Street
that will be Demolished
PD -13 Mosquito Prevention
I City of Petaluma
City of Petaluma
PD -14 Construction Air Quality
Design Engineer
City of Petaluma
Controls
PD -15 Permitting and Control of Toxic
City of Petaluma I
City of Petaluma
Air Contaminants
PD -16 Odor Control
Design Engineer and
City of Petaluma
Plant Operator
PD -17 Construction Noise Mitigation
Construction Manager
City of Petaluma
Measures
and City of Petaluma
PD -18 Operational Noise Mitigation
Design Engineer
City of Petaluma
Measures
PD -19 Protection of Historic and
City of Petaluma
City of Petaluma
Archaeological Resources.
PD -20 Protection of Previously
Design Engineer and
City of Petaluma
Undiscovered Historic and
Construction Manager
Archeological Resources.
PD -21 Landscaping Design
Design Engineer
City of Petaluma
PD -22 Lighting Design
Design Engineer and City
City of Petaluma
of Petaluma
PD -23 Fire Protection
Design Engineer and City
City of Petaluma
of Petaluma
Mitigation Measures
LU -1 Annexation and Change of
City of Petaluma
City of Petaluma
General Plan Land Use
Designation and Zoning
City of Petaluma
July 25, 2005
Water Recycling Facility & River Access Improvements EIR
Revised Mitigation Monitoring Program — 2005
Status
Comments
Page MMP -7
04-205503
Mitigation Measure
TR -la Reroute Construction Worker
Trips
TR -lb Install Signage to Reroute
Employee and Visitor Trips
City of Petaluma
July 25, 2005
Table 3-2
Mitigation Monitoring Checklist
Implementing Agency Monitoring Agency Status Comments
Construction Manager City of Petaluma
City of Petaluma City of Petaluma and
Construction Manager
Source: Parsons Hartand Bartholomew & Associates Inc., 1999
Water Recycling Facility & River Access Improvements EIR Page MMP -9
Revised Mitigation Monitoring Program — 2005 04-205503
California Department of Fish and Game Wildlife/Hardwood Management Guidelines (Revised
1994)
California Endangered Species Act (CESA) (Fish and Game Code Sec. 2050-2098)
California Government Code, Sec. 65962.5, Hazardous Waste and Substances Sites List (Cortese
List
California Health and Safety Code, Sections 2270-2294, Mosquito Abatement
California Health and Safety Code, Section 25500 et seq. - Hazardous Materials Release
Response Plans and Inventory
California Native Plant Protection Act (Fish and Game Code Section 1900-1913)
California Occupational Safety and Health Administration (Cal -OSHA)
California Wetlands Conservation Policy 1993
Porter -Cologne Water Quality Control Act
Public Resources Code, Sections 5020-5024 (California Register of Historic Places)
State Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays,
and Estuaries of California (State Implementation Policy)
State Water Resources Control Board Antidegradation Police Implementation for NPDES
Permitting (APU90-004)
Title 8, California Code of Regulations (CCR), Sec. 25500 et seq., Hazardous Material Storage
Title 8, California Code of Regulations (CCR), Sec. 1500-1938, California Construction Safety
Regulations
Title 8, California Code of Regulations (CCR), Sec. 1539-1541.1, Excavations
Title 8, California Code of Regulations (CCR), Sec. 1509 & 3203, Injury and Illness Prevention
Program
Title 8, California Code of Regulations (CCR), Sec. 1597-1599, Vehicles, Traffic Control,
Flaggers, Barricades, and Warning Signs
Title 8, California Code of Regulations (CCR), Sec. 5194, Hazard Communication
Title 22, California Code of Regulations (CCR), Sec. 60301 et seq., Recycled/Reclaimed Water
Title 22, California Code of Regulations, Section 66260.1 et seq. - California Hazardous Waste
Regulations
Uniform Building Code (UBC) as amended locally
City of Petaluma Water Recycling Facility & River Access Improvements BIR Page MMP -11
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
MEASURES INCLUDED IN THE PROJECT
This section presents the measures the City decided to incorporate into the project.
PD -1 Uniform Relocation Assistance
Description: To mitigate for the loss of a dwelling unit and disruption of
farming operations, the City shall develop and approve a relocation
assistance program in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies of 1970, which
will govem all of the acquisition and displacement actions of the
project. The affected property owner and tenants, depending on
eligibility, would be afforded various services and forms of
compensation in accordance with the provisions of this act.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing:
Monitoring Agency:
Validation:
City or Petaluma
July 25, 2005
Start: Upon certification of the EIR and after land acquisition.
Complete: Prior to the start of construction.
City of Petaluma
Compensation of affected property owners and tenants shall be
agreed upon in writing.
Water Recycling Facility & River Access Improvements EIR Page MMP -13
Revised Mitigation Monitoring Program — 2005 04-205503
PD -3 Liquefaction Protection
Description: The City shall densify or solidify soil as necessary where site
specific conditions are identified that are liquefaction -prone. Over -
excavation and replacement of liquefiable soil will be viable for
some of the construction. Vibro-replacement or compaction
grouting would also be effective, especially in areas of deeper
excavation or trenching. Special foundation designs (e.g., pile or
structural slab) may be appropriate for structures such as the new
structures near existing Pond No. 10. Piles are not required for
new facilities in existing Ponds No. 1 and 4.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: Design Engineer
Timing: Start: Upon certification of the EIR
Complete: At completion of construction
Monitoring Agency: City of Petaluma
Validation: Design phase geotechnical report.
City of Petaluma water Recycling Facility & River Access Improvements EIR Page MMP -13
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
PD -5 Standard Engineering Methods for Expansive Soils
Description: The City shall implements standard geotechnical practices for
expansive soils, testing according to American Society for Testing
and Materials (ASTM) standards, and proper choice of materials
shall be required.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: Design Engineer
Timing: Start: Upon certification of the EIR
Complete: Upon completion of construction
Monitoring Agency: City of Petaluma
Validation: Design phase geotechnical report.
City of Petaluma Water Recycling Facility & River Access Improvements EIR
July 25, 2005 Revised Mitigation Monitoring Program — 2005
Page MMP -17
04-205503
PD -7 Groundwater Monitoring and Management
Description: The City shall monitor groundwater conditions around the site
shall be monitored on a regular basis. Sampling of the three
monitoring wells bordering the existing facility on the Lakeville
site shall be supplemented by the addition of a fourth well, located
downgradient from the proposed wetlands area (see Figure 4.4-1).
This new well shall be installed and all four wells sampled prior to
construction of new facilities. Following construction, the four
wells shall be analyzed annually. Samples shall be analyzed for the
constituents listed in Table 4.4-1, at a minimum. Additionally any
constituents that are detected above the NPDES limits in the
facility effluent should be added to the monitoring well analyze
list. Monitoring shall include water level measurements. Should
any groundwater contamination be determined to be resulting from
the facilities, corrective action, such as source control
(pretreatment) or additional treatment, shall be taken.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing: Start: Prior to the start of construction
Complete: Five years after completion of construction
Monitoring Agency: City of Petaluma
Validation: Annual report of monitoring results and Technical Memo
describing corrective actions.
City of Petaluma Water Recycling Facility & River Access Improvements EIR Page MMP -19
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
Construction Site Best Management Practices (BMPs)
ID
BMP Name
NS -3
Paving and Grinding Operations
NS4
Temporary Stream Crossing
INS -5
Clear Water Diversion I
NS -6
Illicit Connection/Illegal Discharge Detection and Reporting
NS -7
Potable Water/Irrigation
NS -8
Vehicle and Equipment Cleaning
NS -9
Vehicle and Equipment Fueling
NS -10
Vehicle and Equipment Maintenance I
Waste Management and Materials Pollution Control
WM-1
Material Delivery and Storage
WM-2
Material Use
I WM-3
Stockpile Management
WM-4
Spill Prevention and Control
WM-5
Solid Waste Management
WM-6
Hazardous Waste Management
WM-7
Contaminated Soil Management
WM-8 Concrete Waste Management
WM-9 Samtary/Septic Waste Management
WM-10 Liquid Waste Management
Source: Calcium 2000.
In addition, stormwater runoff collected on the Parcel A/B treatment
facilities site during operation shall be diverted into the wastewater
treatment system. Stom-twater runoff from the visitors parking lot on
Parcel A shall be treated either by diversion into the wastewater
treatment system or installation of a retention basin/vegetated swale at
the bottom of the lot.
Construction within the Petaluma River or the lower 300 feet of Ellis
Creek shall be performed from a barge and with divers when appropriate.
Excavation underwater shall be done with pressurized water.
City of Petaluma Water Recycling Facility & River Access Improvements EIR Page MMP -21
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
PD -9 Conduct Phase II Site Assessment at Hopper Street to Assess the
Potential for Contamination beneath the Sludge Lagoons
Description: The 1994 Phase I Site Assessment at 950 Hopper Street noted that
the soil materials beneath the sludge lagoons may contain metals
and other substances found in sewage influent. Therefore, the City
shall perform a Phase 11 Site investigation (e.g., collection of soil
or groundwater samples) for the lagoons. A State of California
certified hazardous waste lab using EPA -approved analytical
methods shall perform the laboratory analysis.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing: Start: Upon certification of the EIR
Complete: Prior to the start of demolition of Hopper Street
facilities
Monitoring Agency: City of Petaluma
Validation: Phase 11 Site Assessment
City of Petaluma Water Recycling Facility & River Access Improvements EIR Page MMP -23
July 25, 2005 Itevised Mitigation Monitoring Program -2005 04-205563
PD -11 Test Suspected and Properly Dispose of Contaminated Soils and
Groundwater at Hopper Street
Description: In areas where contamination of soil and groundwater is suspected
or known, the City shall contain groundwater brought to the
surface as a result of dewatering in Baker tanks or similar
containment devices or immediately dispose of or remediate on site
as recommended by the Phase H investigation. At a minimum, this
would allow the suspended solids associated with dewatering to
settle out before discharge, if discharge is allowable. Depending
on the Phase It investigation, and the probability of groundwater
being contaminated based on visual or other evidence, samples
would be collected and analyzed. A State of California certified
hazardous waste laboratory using EPA -approved analytical
methods should perform the laboratory analyses. The types of
analyses should be based on the likely contaminants) and on local
permitting requirements.
All potentially contaminated materials encountered during project
demolition/construction activities 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 following applicable
regulatory agency regulations and/or guidelines. All evaluations,
remediation, treatment and/or disposal of hazardous waste shall be
supervised and documented by qualified hazardous waste
personnel (having received a minimum of 40 hours HAZWOPER
training).
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: Construction Manager
Timing: Start: Upon completion of Phase Il investigation
Complete: Upon completion of construction
Monitoring Agency: City of Petaluma
Validation: The City of Petaluma shall ensure the use of qualified hazardous
waste personnel, review the results of any hazardous waste
analysis, and monitor any necessary containerization program.
City of Petaluma Water Recycling Facility & River Access Improvements EIR Page MMP -25
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
PD -13 Mosquito Prevention
Description: The City shall continue consulting with the Marin/Sonoma
Mosquito and Vector Control District in designing and developing
the wetlands and storage ponds. The City of Petaluma shall
comply with the Marin/Sonoma Mosquito and Control District's
criteria for mosquito prevention in wastewater reclamation or
disposal projects. The District's design and mosquito prevention
criteria shall be incorporated into the project's Wetlands
Management Program. For example, wetlands that are operated as
shallow water areas (less than one foot) should be properly graded
to facilitate drainage and ditched to provide access for mosquito
fish. Among the District's design recommendations are that ponds
should not have small coves or irregularities (although the ponds
may be of any shape), that side slopes should be as steep as
possible, and that dead algae, vegetation and debris should be
routinely removed to minimize mosquito habitat.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing: Start: Upon certification of the EIR
Complete: Prior to the start of construction
Monitoring Agency: City of Petaluma
Validation: Marin/Sonoma Mosquito and Control District shall review design
of wetlands and storage ponds.
City of Petaluma
July 25, 2005
Water Recycling Facility & River Access Improvements EIR Page MMP -27
Revised Mitigation Monitoring Program — 2005 04-205503
• Prior to demolition activities, identify any hazardous
building materials or soils that may be disturbed during
construction/demolition. If hazardous materials are
identified, consult with the BAAQMD's Enforcement
Division to ensure that demolition activities will comply
with BAAQMD Regulations.
• Install wheel washers for all exiting trucks, or wash off the
tires or tracks of all trucks and equipment leaving the site or
other equivalent measure.
• Optional — If necessary, install windbreaks, or plant
trees/vegetative windbreaks at the windward side(s) of
construction areas. ,
• Optional — Suspend excavation and grading activity when
winds (instantaneous gusts) exceed 25 mph and visible dust
emission cannot be prevented from leaving the construction
site(s).
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: Design Engineer
Timing: Start: At the start of construction
Complete: Upon the completion of Project construction
Monitoring Agency: City of Petaluma
Validation: Specifications for each construction contract.
City of Petaluma Water Recycling Facility & River Access Improvements FIR Page MMII.29
.July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-245503
PD -16 Odor Control
Description: The City shall ensure proper design and operation of the facilities
to reduce the potential for odor complaints. The design and
operation of facilities shall ensure conformance with BAAQMD
Regulation 7. Ten or more complaints or five or more verified
complaints over a 90 -day period would indicate that an odor
problem with the proposed facility exists. Additional
mitigation/abatement measures, such as scrubbers or further
oxidation processes, shall be taken to eliminate any substantial
odor problems
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: Design Engineer and Plant Operator
Timing: Start: Upon certification ofEIR
Complete: On-going during operation of project
Monitoring Agency: City of Petaluma
Validation: A complaint monitoring program and Technical Memo describing
additional abatement measures if required.
City of Petaluma Nater Recycling Facility & River Access Improvements EIR Page MMP -31
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
Validation: The City will perform daily checks to ensure compliance with this
measure. The City will respond to complaints from private citizens
regarding construction noise within 24 hours.
Construction noise shall be monitored at the property line during
high noise generating activity to determine compliance with local
noise criteria. The sound level should not exceed 60 dBA Ley for
occupied properties. In the event that the noise criteria are
exceeded, the construction activities shall be reviewed to determine
additional mitigation measures to further reduce the construction
noise. The telephone number of the Noise Disturbance
Coordinator shall be made available to the residents around the
project site so that annoyed residents would be able to report their
complaints.
City of Petaluma Water Recycling Facility & River Access Improvements EIR
July 25, 2005 Revised Mitigation Monitoring Program — 2005
Page MMP -33
04-205503
PD -19 Protection of Historic and Archaeological Resources
Description: The Citv shall evaluate the HODDer Street facility, the
communication facility, and the railroad evade for historical
significance. The sites shall be recorded. manned. and
nhotogranhed by a qualified architectural historian to DPR
standards on DPR 523 series forms. All site records and
evaluation documentation shall be submitted to the State Historic
Preservation Officer nrior to anv construction on the res_nective
Lakeville Hiahwav or Honner Street sites.
The Citv shall implement a Historic Pronertv Treatment Plan
(HPTP) for the farmhouse complex to mitigate adverse impacts
that cannot be avoided by the Proiect. The HPTP must meet the
requirements of the Memorandum of Agreement Among the
California State Water Resources Control Boar. United States
Army CorDs of Engineers. the Citv of Petaluma. and the California
State Historic Preservation Officer Regarding Construction of the
Ellis Creek Water Recvcline Facilitv Proiect. Sonoma County_
California (MOA).
The Citv shall implement the following elements of the HPTP. as
stated herein, or as reouired by the California Office of Historic
Preservation.
Avoidance during Construction
• Use protective fencing and monitoring to avoid impacts to
components of the Masciorini Ranch such as the residence and
much of the associated landscaping, dock remains on Ellis
Creek, and landing Diling remains on the Petaluma River.
Establish an Environmentallv Sensitive Area (ESA) around the
dock and landing nilina remains by the installation of high -
visibility exclusionary fencing.
Interaretation / Public Particination
• Develop a brochure with interconnected historical
intemretation of the Petaluma River. Northwestern Pacific
Railroad. and the Masciorini Ranch.
• Meet with the Sonoma Countv Historical Societv and the
Petaluma Museum to obtain input for the ureD_ aration of the
interpretive brochure.
• Make brochures available at the nearbv Petaluma Visitors
Center. local schools. Petaluma Museum. local library. and at
City or Petaluma Water Recycling Facility & River Access Improvements EIR Page MMP -35
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
ESAs. 2) to ensure that anv significant features that may have
been missed during Dreconstruction identification are recorded
and DroDerly treated. and 3) to identifv archaeological resources
that may occur but could not be addressed in advance of
construction because thev were deeolv buried or covered by
buildings or structures that could not be moved during
oreconstruction identification (Advisory Council on Historic
Preservation 1989:49).
• Conduct monitoring_ by a Proiect Archaeologist with
anDroDriate regional experience to ensure that prehistoric and
historical cultural materials are preserved and to ascertain
whether or not construction may continue or should be
redirected after the unexpected discovery of anv cultural
materials.
• The Proiect Archaeologist will have the authoritv to
temporarily halt construction onerations within 50 feet of an
unanticipated find to determine if significant cultural resources
are present and if thev will be adverselv affected by continuing
construction operations. Work may continue outside a 50 -foot
radius of the find.
• In the event that cultural resources are exposed during
construction. the Proiect Archaeologist will immediatelv Ston
work at the location of the fmd or if the Proiect Archaeologist
is not present, a responsible member of the construction crew
Will Ston work at the find. The Environmental Manager (or
other designated individual including the Construction
Manager) will be notified of the discovery and the temDorary
work stoppage. The Proiect Archaeologist. if not present when
the find is discovered, will be immediatelv notified by the
Environmental Manager.
• The Proiect Archaeologist will immediately notifv the State
Water Board if cultural resources over 45 vears old are exposed
during construction. Fomially record finds over 45 vears old
on DPR 523 forms and recommend measures to avoid adverse
effects to it during construction.
Reduce Visual Effects
• Incoroorate rural building design (Dole barn) at the main
electrical building so that it will be in keening with the Ranch's
historical setting.
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July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
PD -20 Protection of Previously Undiscovered Historic and Archaeological
Resources
Description: If subsurface archaeological or historical remains are discovered
during construction, work in the area shall stop immediately and a
qualified professional archaeologist shall be consulted to develop,
if necessary, further mitigation measures to reduce any
archaeological impact to a less than significant level before
construction continues.
If human burials are encountered, all work in the area will stop
immediately and the Sonoma County coroner's office shall be
notified immediately. If the remains are determined to be Native
American in origin, both the Native American Heritage
Commission and any identified descendants must be notified and
recommendations for treatment solicited (CEQA Section 15064.5);
Health and Safety Code Section 7050.5; Public Resources Code
Section 5097.94 and 5097.98).
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: Design Engineer and Construction Manager
Timing: Start: Upon certification of the EIR
Completion: Completion of construction
Monitoring Agency: City of Petaluma
Validation: A qualified professional archaeologist shall be consulted if
subsurface archaeological or historical remains are discovered.
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July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
PD -22 Lighting Design
Description: The City shall design lighting for the administration and
maintenance buildings, treatment facilities and parking areas to
utilize shielded, low -intensity light sources. Locate light sources
low and directed away from off-site viewers. Direct personnel to
tum lights on only when needed; do not operate exterior lighting
continuously or automatically.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: Design Engineer and City of Petaluma
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.
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July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
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.
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July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
GW -1 Drinking Water Well Protection Program
Description: The City shall monitor water quality in the nearby drinking water
well before and after construction. If changes are detected after
construction that are deemed deleterious to public health, one of
the following measures, or an equivalent measure, shall be
implemented:
■ Drill a new well further from the Water Recycling Facility
• Retrofit the existing well, e.g., provide a deeper casing
■ Provide wellhead treatment system for the constituents that
are causing the public health concern.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing:
Monitoring Agency:
Validation:
City of Petaluma
July 25, 2005
Start: After certification of the EIR
Complete: Five years after completion of construction
City of Petaluma
Annual monitoring and Technical Memo describing corrective
measures if necessary.
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Revised Mitigation Monitoring Program — 2005 04-205503
WQ-1b Nickel Monitoring and Source Reduction Program Program
Description: The City shall implement a Nickel Monitoring Program to
determine if the concentration of nickel in wastewater will cause a
significant impact on the receiving water if discharged and, if
necessary, identify and control the source of nickel to avoid
causing an impact in receiving waters and to comply with the
anticipated mass emissions limit. If three consecutive samples of
nickel exceeds the lowest CTR or Basin Plan criterion for nickel
(currently 7.1 µg/L), the City shall implement a Nickel Source
Control Program. Under this program, the City will establish or
revise as necessary local pretreatment limits for nickel and will
provide for enforcement of these limits. Typical nickel sources are
manufacturing processes involving the following uses of nickel:
plating; for various alloys such as new silver, Chinese silver,
German silver; for coins, electrotypes, lightning rod tips, electrical
contacts and electrodes, spark plugs, machinery parts; as a catalyst
for hydrogenation of organic substances; in the manufacture
stainless steels and nickel chrome resistance wire; and for coloring
glass.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency:
Timing:
Monitoring Agency:
Validation:
City of Petaluma
July 25, 2005
City of Petaluma
Start: After certification of the EIR
Complete: Ongoing
City of Petaluma
Annual monitoring reports and Technical Memo describing source
reduction program if needed_
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Revised ititigation Monitoring Program — 2005 04-205503
WQ-1d Constituents not Monitored in Effluent Monitoring and Source
Reduction
Description: The City shall implement an Unmeasured Priority Pollutant
Monitoring Program to determine if the concentrations of aldrin,
2,3,7,8-TCDD, acrolein, and acrylonitrile in effluent will cause a
significant impact on the receiving water if discharged.
Monitoring shall be done at least twice a year for a period of at
least three years. If three consecutive samples during discharge
season of any of these compounds results in receiving water
concentrations that exceed the water quality criterion, the City shall
implement a source control program for that compound. Under
this program, the City will establish local pretreatment limits and
provide for enforcement of these limits.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing:
Monitoring Agency:
Validation:
Start: After certification of the EIR
Complete: Five years after completion of construction
City of Petaluma
Annual monitoring reports and Technical Memo describing source
reduction program if needed.
City of Petaluma Water Recycling Facility & River Access Improvements EIR Page NIMP-49
July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
BI0-1a Aquatic Species Protection Program
Description: The City shall implement an Aquatic Species Protection Plan, as
follows:
• A Worker Environmental Awareness Training Program for
construction personnel shall be provided.
• Any ground -disturbing construction activity in Ellis Creek
(i.e., in the bank or bed of the channel) shall be 1)
conducted when no or low freshwater flow from upstream
into the work area (which will potentially be tidal at the
time of construction) is occurring to avoid downstream
transport of sediment and impacts on any migrating
salmonid fish, or other rare aquatic species; and 2)
conducted between coffer dams around which any tidal or
stream flow shall be routed. Prior to coffer dam
installation, a qualified biologist shall seine the area
between the dams and the area within 25 feet of the dams to
determine if sensitive species are present. If sensitive
species are present, they should be relocated in consultation
with NMFS, USFWS and DFG consistent with federal and
State regulations.
• Facilities shall be located and constructed using methods
that minimize the loss of existing riparian vegetation.
Unavoidable loss of riparian vegetation shall be mitigated
by planting sufficient riparian vegetation of like species so
as to compensate for the loss.
• A 20 -foot buffer zone from the top of the bank of Ellis
Creek shall be established, where feasible, and fenced
during construction.
• If aquatic habitat must be removed, create or restore like
habitat on site at a compensatory ratio of 1:1 (1 acres of
restored habitat for every 1 acre impacted) or as required by
the Corps of Engineers or Regional Water Quality Control
Board. Identify opportunities to improve current habitat
conditions within Ellis Creek and implement, where
feasible. Cropped upland is available as mitigation sites for
salt marsh, freshwater marsh, or stream impacts.
Shollenberger Park also has sites available for mitigation
for river habitat impacts.
• Best management practices shall be implemented to control
erosion, sedimentation, and runoff of pollutants. As an
appropriate example, best management practices are
described in the Caltrans Storm If'ater Quality Handbooks:
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July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
610-1 b Rare, Threatened and Endangered Plant Protection Program
Description: The City shall retain a qualified biologist to conduct floristically -
based surveys for special -status plants in accordance with the
CDFG's "Guidelines for Assessing the Effects of Proposed
Developments on Rare and Endangered Plants and Plant
Communities" prior to initiation of construction activities. The
purpose of these surveys will be to locate and identify any special -
status plants that may occur in the proposed construction zone.
If special -status plants are located during the surveys, exclusionary
buffer zones (recommend a minimum 20 -foot buffer, where
feasible) shall be established around each population site. Mesh
fencing shall be installed at the boundary of the exclusionary buffer
zone prior to initiation of construction activities.
If complete avoidance cannot be achieved, the City shall submit a
site-specific mitigation and compensation program for the affected
plants in consultation with the CDFG. The mitigation program
shall include the results of the surveys, delineation of suitable
habitats for restoration or planting of rare species, procedures for
obtaining seed before construction, and performance standards for
success of the mitigation program. Sufficient areas exist along Ellis
Creels and elsewhere on the site to create or restore plant
communities if needed.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing: Start: After certification of the EIR start of construction
Complete: Upon completion of construction
Monitoring Agency: City of Petaluma
Validation: Annual report
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July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503
BI0-2a Active Raptor and Migratory Bird Nest Protection Program
Description: The City shall retain a qualified biologist to conduct pre -
construction surveys to determine if any active raptor or migratory
bird nests occur within 500 feet of the project area at least two
weeks prior to initiation of construction activities.
If active nests are located in the study area, construction exclusion
zones shall be established around each active nest. Appropriate
construction exclusion zones shall be established through
consultation with CDFG. Construction activities shall be
prohibited within exclusion zone until the end of the nesting
season.
During construction, a qualified biologist shall monitor each nest
to evaluate potential nesting disturbances caused by the
construction activities. The monitor shall have the authority to
stop construction if it appears to be having a negative impact on the
nesting raptors. The monitor shall also monitor the nest to
determine when the young have fledged and submit weekly reports
to the CDFG and the City of Petaluma throughout the nesting
season.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing: Start: After certification of the EIR start of construction
Complete: Upon completion of construction
Monitoring Agency: City of Petaluma and Construction Manager
Validation: Annual report
City of Petaluma
July 25, 2005
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Revised Mitigation Monitoring Program — 2005 04-205503
13I0-7 Create or Restore Wetlands and Waters of the U.S.
Description:
The City shall prepare a Conceptual Wetland Mitigation and
Monitoring Plan that requires revegetation of temporary impacts to
wetlands and compensatory creation of wetlands for permanent
impacts. The Plan shall include a planting palette, a conceptual
planting plan, performance criteria, and procedures for
maintenance and monitoring. Mitigation will be on site and in
kind, if possible.
Compensatory mitigation for permanent impacts shall be provided
at a ratio of 1:1, that is, 1 acres of wetland habitat created for every
acre filled, or at the ratio prescribed by the Corps of Engineers or
Regional Water Quality Control Board.
Lead Agency:
City of Petaluma Water Resources and Conservation Department
Implementing Agency:
City of Petaluma and Design Engineer
Timing:
Start: After certification of the EIR start of construction
Complete: Upon completion of construction
Monitoring Agency: City of Petaluma
Validation: Annual report
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July 25, 2005 Revised ktitigation Monitoring Program — 2005 04-205503
TR -1 b Install Signage to Reroute Employee and Visitor Trips
Description: The City shall install an informational sign on Lakeville Highway
just west of the intersection with McDowell Blvd., indicating that
the new wetlands park can be accessed by turning right on
McDowell Blvd. In addition, the City shall install a sign as visitors
leave the wetlands park to prohibit a right turn into Pine View
between 4:00 and 6:00 PM on weekdays.
Lead Agency: City of Petaluma Water Resources and Conservation Department
Implementing Agency: City of Petaluma
Timing: Start: Upon completion of construction
Complete: Throughout the life of the project
Monitoring Agency: City of Petaluma and Construction Manager
Validation: Copy of signage
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July 25, 2005 Revised Mitigation Monitoring Program — 2005 04-205503