Loading...
HomeMy WebLinkAboutResolution 2008-174 N.C.S. 09/08/2008Resolution No. 2008-174 N.C.S. of the City of Petaluma, California llIRECTING PREPARATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WATER RECYCLING EXPANSION PROGRAM WHEREAS, in 1938, the original wastewater treatment processes were constructed at 950 Hopper Street; and, WHEREAS, to meet the community's needs and changing regulatory requirements, various upgrades and additions to the wastewater treatment plant were conducted through the 1960s; and, WHEREAS, in 1972, the oxidation ponds were constructed at 4400 Lakeville Highway to provide additional treatment capacity; and, WHEREAS, in 1988, with influent flows exceeding 75% of the permitted capacity of the wastewater treatment facility, and necessary upgrades to the facility to increase treatment capacity and continue to meet the needs of the community were determined to be too costly, the City determined to replace the existing wastewater treatment facility; and, WHEREAS, in 1991 the City executed a Memorandum of Understanding with Envirotech Operating Services (EOS) to design, build, construct, own and operate (20 years) a new wastewater treatment facility (Resolution No. 91-107 N.C.S.); and, WHEREAS, on July 31, 1991, EOS submitted an application to the California Public Utilities Commission (CPUC) seeking an exemption from CPUC regulation under the California Local Government Privatization Act of 1985; and, WHEREAS, on October 21, 1991, Administrative Law Judge Ramsey determined that the MOU did not meet the requirements of the Public Utilities Code and ordered that ``the application is denied without prejudice to refiling after amendment"; and, WHEREAS, in February 1992 EOS and the City mutually agreed to rescind the MOU; and, WHEREAS, on June 20, 1994, following a report prepared by Ernst and Young, the City Council adopted Resolution 94-156 N.C.S., which directed that the Service Agreement Approach (privatization) be utilized for procurement of a new wastewater treatment facility; and, WHEREAS, on June 17, 1996, the City Council adopted Resolution 96-163 N.C.S., which certi~tied the Final E1R documents, Resolution 96-164 N.C.S., which approved the project, and Resolution 96-165 N.C.S., which approved and authorized issuance of the Request for Proposal; and, Resolution No. 2008-174 N.C.S. Page I WHEREAS, on July 17, 1996, the RFP was issued to five pre-qualified vendor teams; and, WHEREAS, on January 5, 1998, the City Council adopted Resolution 98-11 N.C.S., which selected MUW for contract negotiations; and, WHEREAS, negotiations with MUW on technical, legal and agreement issues began on January 27, 1998 and proceeded through spring 1999; and, WHEREAS, on September 21, 1998, the City Council, recognizing the need for development of a public alternative to the proposed privatization project, approved preparation of the wastewater treatment. facility master plan; and, WHEREAS, on September 21, 1999, the City Council adopted Resolution 99-188 N.C.S., which terminated the privatization process and established City ownership of the new wastewater treatment facility; and, WHEREAS, on September 21, 1999, the City Council adopted Resolution 99-189 N.C.S., which approved the Wastewater Treatment Master Plan, with the understanding that the Master Plan's recommended project would be further reviewed to address questions asked by the City's independent wastewater professionals; and, WHEREAS, on October 29, 1999, the City issued a Request for Proposals for engineering services in support of the water recycling facility project (new wastewater treatment facility); and, WHEREAS, the City Council adopted Resolution 2000-66 N.C.S. on April 3, 2000, which authorized the City Manager to execute a professional services agreement with Carollo Engineers for engineering services in support of Phase 1 -Project Report of the Water Recycling Facility Project; and, WHEREAS, five alternatives for the new water recycling facility were presented at a Public Foruin at the Community Center on June 14, 2000; and, WHEREAS, the City Council heard a discussion on the criteria for evaluating the alternatives on September 5, 2000; and, WHEREAS, the results of the analysis and comparison of the alternatives were presented at a Public Forum at the Community Center on November 8, 2000; and, WHEREAS, the City Council considered and discussed the Draft Water Recycling Facility Project Report (Carollo Engineers, November 2000) on November 20, 2000; and, WHEREAS, the City Council adopted Resolution 00-214 N.C.S. on December 11, 2000, which approved the Water Recycling Facility Pf°oject Report (Carollo Engineers, November 2000), selected Alternative 5 -Extended Aeration as the preferred alternative for the new water recycling facility, and identified Option A -Wetlands as the preferred alternative for algae removal over Option B - DAFs; and, Resolution No. 2008-174 N.C.S. Page 2 WHEREAS, the City Council adopted Resolution 00-215 N.C.S. on December 11, 2000, which authorized the City Manager to execute a professional services agreement with Carollo Engineers for professional engineering services in support of Phase 2 -Project Development of the Water Recycling Facility Project; and, WHEREAS, the City Council considered the Water Recycling Facility Project and the Draft Water Recycling Facility Predesign Report (Carollo Engineers, November 2001) on November 14, 2001, November 28, 2001., December 17, 2001 and January 7, 2002; and, WHEREAS, the City Council adopted Resolution 2002-012 N.C.S. on January 7, 2002, which approved design parameters for the preferred alternative for the water recycling facility project and authorized completion of the environmental impact report; and, WHEREAS, the City prepared Water Recycling Facility and River Access Improvements Draft EIR (April 2002) and distributed it to the California State Clearinghouse and to all responsible local, state and federal agencies involved in the project and made it available for public review; and, WHEREAS, the City Council held noticed public hearings on May 13, 2002, and May 20, 2002, during which all interested persons were provided an opportunity to comment on the adequacy of the Draft EIR; and, WHEREAS, the public review period for the Draft EIR began April 15, 2002, and closed May 29, 2002; and, WHEREAS, the City prepared Water Recycling Facility and River Access Improvements Final EIR and Response to Comments (July 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; and, WHEREAS, the City Council held a noticed public hearing on August 5, 2002, to consider the Final EIR; and, WHEREAS, that after due consideration, the Petaluma City Council certified the Final Environmental Impact Report for the Water Recycling Facility and River Access Improvements Project on August 5, 2002; and, WHEREAS, the project certified in the Final EIR included .locating a portion of the treatment plant at 4400 Lakeville Highway, the current site of the City's oxidation ponds (APN 0680-010-025, 032 and 024), with polishing treatment wetlands located at 4100 Lakeville Highway (APN 068-010-026, and 017-170-002); and, WHEREAS, the City completed approximately 50% design of the facility.in November 2002; and, WHEREAS, through the value engineering effort conducted in December 2002, it became apparent the alternative of locating the water recycling facility at 4000 Lakeville Highway and preserving the oxidation pond site for its current function warranted further evaluation; and, Resolution No. 2008-174 N.C.S. Page 3 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 f 11 in the oxidation pond no. 1; and, . WHEREAS, a feasibility study determined that locating the water recycling facility at 4000 Lakeville I-Iighway was feasible and yields many benefits; and, WHEREAS, an Addendum to the Water Recycling Facility and River Access Improvements EIR was prepared to evaluate potential changes to the environmental effects 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, WHEREAS, the EIR Addendum was published on April 15, 2004 and was available for public review at the City of Petaluma City Hall, Petaluma Library, Petaluma Community Center, Petaluma Senior Center, and the Santa Rosa Junior College, Petaluma campus; and, WHEREAS, the City Council adopted Resolution 2004-101 N.C.S. Re-certifying the Water Recycling Facility and River Access lmprovements Project Final Environmental Impact Report Addendum, and Adopting Findings and Statement of Overriding Considerations, and Adopting Revised Mitigation Monitoring Program on June 7, 2004; and, WHEREAS, the City Council adopted Resolution 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 Site Plan and Architectural Review Committee approved the Project on November 18, 2004; and, WHEREAS, the Petaluma Planning Commission considered the Project arid the proposed land use designations at 4000 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, a Construction Addendum (July 2005) to the Water Recycling Facility and River Access Improvements EIR was prepared to evaluate potential changes to the environmental effects of the Project due to certain proposed Project revisions; and, Resolution No..2008-174 N.C.S. Page 4 WHEREAS, after due consideration, the City Council certified the Water Recycling Facility and River Access Improvements EIR Construction Addendum and adopted the revisions to the project on August 1, 2005; and, WHEREAS, on August 1, 2005 the City Council awarded the Construction Contract for the Ellis Creek Water Recycling Facility to Kiewit Pacific Co.; and, WHEREAS, in the course of construction the construction manager requested a change in the construction truck route for ingress at the Water Recycling Facility site; and, WHEREAS, a Construction Addendum (February 2006) to the Water Recycling Facility and River Access Improvements EIR was prepared to evaluate potential changes to the environmental effects of the Project due to the proposed Project revisions; and, WHEREAS, after due consideration, the City Council certified the Water Recycling Facility and River Access Improvements EIR 2006 Addendum and adopted the revisions on April 3, 2006; and, WHEREAS, on June 5, 2006 the City Council considered the Water Demand and Supply Analysis Report, which identified a maximum day demand for tertiary treated water of 6.7 mgd; and, WHEREAS, the Certified Water Recycling Facility and River Access Improvements EIR analyzed a project that would tertiary treat 4.0 mgd; and, WHEREAS, an Addendum (April 2007) to the Water Recycling Facility and River Access Improvements EIR was prepared to evaluate potential changes to the environmental effects of the Project due to the minor changes to the project required to increase the capacity of tertiary treatment from 4.0 to 6.7 mgd and add luminaries for improved security; and, WHEREAS, the April 2007 Addendum found that the determinations of the Final EIR, as modified by the 2004 Addendum, 2005 Construction Addendum and 2006 Construction 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 151.62 which outlines the standards by which subsequent EIRs are required; and, WHEREAS, the April 2007 Addendum was published in April, 2007, and was available for public review at the City of Petaluma City Hall, and was considered by the City Council together with the Final EIR, as modified by the 2004 Addendum, 2005 Construction adderidum and 2006 Construction Addendum; and,, WHEREAS, the City Council adopted Resolution 2007-080 N.C.S. Re-certifying the Water Recycling Facility and River Access Improvements Project Final Environmental Impact Report Addendum as modified by the 2004 Addendum, 2005 Construction Addendum, and 2006 Construction Addendum, and 2007 Addendum as having been prepared in accordance with CEQA was re-certified on May 7, 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 Resolution No. 2008-174 N.C.S. Page 5 General Plan 2025 and its environmental impacts, the City Council certified the EIR for the General Plan 2025 update by adopting Resolution 2008-058 N.C.S.; and, WHEREAS, on May 19, 2008, after noticed public hearings, the City Council adopted Resolution 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 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 2008-085 N.C.S. Adopting the General Plan 2025, including the Water Demand and Supply Analysis Report (2006); and, WHEREAS, on August 26, 2008, the Petaluma Planning Commission considered the Draft. EIR and unanimously approved a motion to receive written and oral comments on the. Water Recycling Expansion Program Draft Environmental Impact Report, recommend that the City Council direct preparation of the project Final Environmental Impact Report and add to the FEIR information about what magnitude of earthquake was considered in the reservoir design and clarify the relationship of the pipeline to the west side of the City to the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council that the Director of Water Resources and Conservation is directed to prepare a Final EIR with any revisions deemed necessary to respond to all significant environmental issues and comments submitted to the City at or before the conclusion of the public hearing. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the ~ ~~ro ed as to Council of the City of Petaluma at a Regular meeting on the 8`h day of September, f rm: 2008, by the following vote: AYES: Barrett, Freitas. Harris. Nau. O'Brien, Vice Mayor Babbitt, Mayor "forliatt NOES: None ABSENT: None ABSTAIN: Nonc ATTEST: L~[ J ul/ U( j'- City Clerk ~J City Resolution No. 2008-U4 N.C.S. Page 6