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HomeMy WebLinkAboutResolution 2012-137 N.C.S. 09/10/2012 • Resolution No. 2012-137 N.C.S. of the City of Petaluma, California ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE DOWNTOWN TRESTLE REHABILITATION PROJECT, SELECTING ALTERNATIVE 1 TO REHABILITATE THE TRESTLE STRUCTURE WHEREAS, the Downtown Railroad Trestle, built in 1922 on the west bank of the Petaluma River in downtown Petaluma, is currently in poor condition and fenced off from public use; and, WHEREAS, the City of Petaluma is desirous to complete a project to rehabilitate this structure; and, WHEREAS, the Sonoma Marin Area Rail Transit agency, the owner of the trestle, is supportive of the rehabilitation project; and, WHEREAS, the San Francisco Bay Area Conservancy Program, administered by the Coastal Conservancy, has awarded $475,000 toward the planning and design of the Downtown Railroad Trestle Rehabilitation Project (the"Project"); and, WHEREAS, the Project supports Conservancy goals by improving public access to the Bay through the connection of land and water based trails and promotes open space accessible to urban populations for recreational and educational purposes; and, WHEREAS, staff has worked with an engineering design consultant to develop design criteria and alternative rehabilitation and reconstruction approaches; and, WHEREAS, city staff presented the alternative approaches at three public meetings held on December 14, 2011, February 6, 2012, and June 26, 2012 and received support for the rehabilitation approach, Alternative l; and, WHEREAS, the Revised and Recirculated Environmental Assessment and Initial Study/Proposed Mitigated Negative Declaration for the Downtown Trestle Rehabilitation Project dated August 8, 2012 ("Revised MND") was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), and concludes that there is no substantial evidence that the Project as mitigated, will have a significant adverse effect on the environment; and, WHEREAS, an Historic Resource Evaluation was completed for the Project which concludes that the trestle appears to be eligible for the California Register of Historic Resources, but not eligible for the National Register of Historic Resources; and, WHEREAS, a mitigation and monitoring plan incorporating all mitigation measures identified in the Revised MND has been prepared for the Project and set forth as Appendix A to the Revised MND; and, Resolution No. 2012-137 N.C.S. Page 1 WHEREAS, a Notice of Intent to Adopta Mitigated Negative Declaration for the Project providing for a 30-day public comment period in compliance with CEQA, and a notice of public meeting to be held on September 10, 2010 before the City Council was published in the Argus- Courier on August 9, 2012, posted with the Sonoma County Clerk and the State Clearing House, and mailed to all persons within 500 feet of the Project, as well to all persons having requested special notice of said proceedings; and, WHEREAS, on June 26, 2012, at a duly noticed public meeting, the Historical and Cultural Preservation Committee (l-ICPC) completed its review of the Project and all comments and documents, including but not limited to the Revised MND, and recommended to the City Council that it adopt the Revised MND, and the proposed Mitigation Monitoring and Reporting Program, select Alternative 1, Rehabilitation, for the Project and approve the initiation of the design and specification documents; and, WHEREAS, on September 10,2012, at a duly noticed public meeting, the Petaluma City Council reviewed the Revised MND, all supporting documents including but not limited to the Revised MND, the recommendation of the 1-ICPC, staff reports and related materials, and all public comments and evidence presented at or before the meeting; and, WHEREAS, the Mitigated Negative Declaration, Revised MND, supporting studies, comment letters, staff reports and other related Project and environmental documents ("the Record") are available for review in the City Public Works and Utilities Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Public Works and Utilities Department, 11 English Street, Petaluma, CA 94952, Attn: Larry Zimmer, Capital Improvements Division Manager. NOW, THEREFORE BE IT RESOLVED that the City Council of the City hereby finds that: 1. The City Council has reviewed the Revised MND and considered all comments made at or prior to the public meeting on the Project. 2. The Revised MND reflects the independent judgment and analysis of the City as lead agency for the Project. 3. The Revised MND identifies mitigation measures which are imposed upon the Project as conditions of approval. 4. A Mitigation Monitoring and Reporting Program is included as Appendix A to the Revised MND to ensure compliance with adopted mitigation measures. 5. The Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code. 6. On the basis of the entire Record, all potential impacts can be avoided or reduced to a level of insignificance by mitigation measures which are incorporated into the Project and/or attached to the Project as conditions of approval and there is no Resolution No. 2012-137 N.C.S. Page 2 substantial evidence that the Project, as conditioned, will have a significant effect on the environment. BE IT FURTHER RESOLVED by the City Council that: 1. The Revised MND is hereby adopted. 2. The Mitigation Monitoring and Reporting.Program presented herewith as Appendix A to the Revised MND is hereby adopted. 3. Staff is directed to proceed with design and specification documentation for the Project, Alternative 1, Rehabilitation. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap, .ved as to Council of the City of Petaluma at a Regular meeting on the 10th day of September, 'orm: 2012.by the following vote' Ci ttorney AYES: Albertson. Barrett, Mayor Glass, Harris. Healy. Kearney, Vice Mayor Renee NOES: None ABSENT: None ABSTAIN: None �/�ry' ID— 6/X\ /IJL� '"' Imo,// City Clerk Mayor Resolution No. 2012-137 N.C.S. Page.3