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HomeMy WebLinkAboutCC Res 5250 2004-06-14 1 1 1 RESOLUTION NUMBER !5~ ~O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED 'NEGATIVE DECLARATION, WEST END PUMP STATION RECONSTRUCTION PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIAtE DOCUMENTATION WITH THE COUNTY OF ORANGE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOL VB: WHEREAS, ,. the City has proposed to renovate an' existing pump station, the "West End Pump Station" to accommodate the 25-year storm event and reduce floodipg risks to e~isting development; and WHEREAS, staff has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on the subject Negative Declaration ended on April 12,2004. As of Apri115, 2004, The City has received comments on the proposed Mitigated Negative Declaration ~~ . 0' John Unrath, EQCB Board Member; o California Department of Transportation, District 12; o Orange County Fire Authority; o County of Orange - Resource and Development Management Department; o County of Los Angeles, Department of Public Works; o State Clearinghouse and Planning Unit; o State Clearinghouse and Planning Unit; o California Coastal Commission, South Coast Area Office; o City of Seal Beach Environmental Quality Control Board Minutes of March 31, 2004; and WHEREAS, the City's consultant, Culbertson, Adams & Associates, has prepared a "Responses to Comments for Initial StudyIMitigated Negative Declaration, West End Pump Station Reconstruction Project Mitigated Negative' Declaration" document to all of the above-received comments on the subject Initial StudyIMitigated Negative Declaration. A copy of that document was provided for the information of the City Council; and WHEREAS, the Environmental Quality Control Board reviewed the subject Initial Environmental Assessment and proposed Mitigated Negative Declaration on March 31,2004, and also provided comments, which are responded to in the "Responses to Comments" I document prepared by Culbertson, Adams & Associates; and WHEREAS, the City Council considered the adoption of the subject Mitigated Negative Declaration, Mitigatio~ Monitoring and Reporting Program, and , Responses to Comments documents, along with, a Staff Report on June 14, 2004, and received additional public comments;" and WHEREAS, the City has addressed each of these concerns within the Initial Study/Negative Declaration document. Moreover, although CEQA does, not require responses to comments made concerning a negative Resolution Number 5~ t(;D declaration, the City responded in writing to comments received, in the "Responses to Comments for Initial Study/Mitigated Negative Declaration, West End Pump Station Reconstruction Project Mitigated Negative Declaration" document dated June 2004. NOW, THEREFO~ BE IT RESOLVED, that the City Council hereby: 1. Finds that there is substantial evidence in the record that the project may have a significant effect on the environment, but mitigation measures imposed herein would avoid or mitigate the effects to a point where clearly no significant effect would occur and there is no substantial evidence in the record tha~ any significant effect would remain after mitigation. 1 2. Finds that there has been 'no evidence presented that the Mitigated Negative Declaration has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. 3. Adopts Mitigated Negative Declaration - West End Pump Station Reconstruction Project. t. 4. Approves and adopts as conditions of approval the Mitigation Measures set forth in "Exhibit A" of this resolution for the West End Pump Station Reconstruction Project 5. Determines that approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. The project consists of the renovation of an existing pump station to accommodate the 25-year storm. event and redu~e flooding risks to existing development at an existing pump station facility location with no existing vegetation or wildlife, and has no impact on wildlife resources, since there are no identified wildlife resources on or adjacent to the site. I 6. Finds that the foregoing findings are based on substantial evidence in the record, including without lin:ritation, the draft Mitigated Negative Declaration, staff reports and both oral and written testimony. The documents that comprise the record of the 'proceedings are on file ~th the Department 'of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. 7. Instructs the Director Of Development Services to file appropriate documentation with the County of Orange. PASSED, APPROVED AND ADO~ by the City Co~the City of Seal Beach at a meeting thereof held on the iLl- day of , ,2004, by, , the following vote: ) AYES: . Councilmembers Oniao 0~. ~<n ) . ~~ ~ (}/TlJ .?t-4 . a:l) Mayor ProTem NOES: Councilmembers ABSENT: Councilmembers 1 VACANT: Councilmembers ~~ . I'y1IMJ C CLERK I 1 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEA.CH ) Resolution Number 5~ 5 [) ~ I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Nuinber Dt7I. ~ D on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the C)~f Seal Beach, at a ~lar meeting thereof held on the I Lf' . day of Yn./ ' 2004. . @~. ~~A erk ,. "EXIllBIT A" MITIGATED NEGATIVE DECLARATION - WEST END PUMP STATION RECONSTRUCTION PROJECT ADOPTED MITIGATION MONITORING and REPORTING PROGRAM, dated June 14, 2004 Mitigation Measure (MM) AESTHETICS A-1 Prior to approval of construction documents, project plans including building elevations, wall details and landscaping shall be submitted for review and approval by the Director of Development Services to ensure the proposed design is compatible with adjacent development. Such plans shall provide for decorative plant materials along the westerly fenc~ to buffer publiC views from the bike trail along the San Gabriel River. A-2 Prior to approval. of construction documents, all project lighting shall be designed to confine all direct light rays to the project site and all lighting shall be directed downward where possible. GEOLOGY AND SOILS G-1 The City will comply with all recommendations identified within the Geotechnical Evaluation for the Seal Beach Stormwater Pumping Station dated June 21, 2001 prepared by Ninyo & Moore Geotechnical and Environmental Sciences Consultants. All recommendations of the certified geologist's analysis will be included in final project plans. Timing Responsible Party for Date Implementation Completed Comments Prior to approval of construction documents Director qf Development Services Prior to approval of construction documents Director of Development Services Prior to approval of construction documents Director of Public Works Resolution Number ?a ~V " . " ~, ,'II Mitigatior;1 M~a~!!t\.1M~};,~ ,,!."~.;.~':':l t.......:.-....... ~~r, Jl.......rfi G-2 Prior to comrrl~(~~~ot)Of.~co~~tnic1iJn activities, the 'pi~"eci~"cQntracto?(!!ihall ~, ~u J l \\I''''' " submit a drainage R ~oiiOt.1::'-control plan to the Director of PUblic Works for review and approval. Such plan shall clearly identify all best' management practices to be implemented during construction' and their location. Such plans shall contain provision for specifically identifying and protecting all 'nearby drainage features' (with sand bag barriers, filter fabric fences, straw bale filters, etc.) to prevent construction- related runoff and sediment from entering int~ these drainage features that ultimately deposit runoff into the Pacific Ocean. The drainage and erosion control plan. should make it clear that: (a) dry cleanup methods are preferred whenever possible and that if water cleanup is necessary, all runoff shall be collected to settle out sediments prior, to discharge from the site; all de-watering operations shall require filtration mechanisms; (b) concrete rinsates shall be collected and shall not be allowed into stonn drains; (c) good construction housekeeping shall be required (e.g., clean up all leaks, drips, and other spills immediately; refuel vehicles and heavy equipment off-site; keep materials covered and out of the rain (including covering exposed piles of soil and wastes); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather); and (d) all erosion and sediment controls shall be in place prior to commencement of grading and/or construction as well as at the end of each day. G-3 Prior to commencement of construction activities, an appropriate site shall be provided for placement of excavated soils not needed for recompaction at the project site. The identified site shall meet the approval of the Director of Development Services. The excess soils shall not be directed to a landfill. HYDROLOGY AND WATER QUALITY H-1 During construction activities requiring dewatering, the construction recommendations fqr, dewatering activities contained in the project geotechnical report prepared by Ninyo, & Moore, dated June, 21, 2001, shall be implemented. H-2 Prior to commencement of dewatering activities, a dewatering permit shall be obtained from the Regional Water Quality Control Board. Timing Prior to commencement of construction activities Prior to commencement of construction activities During construction activities Prior to commencement of dewatering activities Responsible Party for Date Implementation Completed Comments Director of Public Works "I 1 Director of Development Services Director of Public Works 1 Director of Public Works 1 1 1 Mitigation Measure (MM) H-3 Prior to commencement of construction activities, a Water Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or registered professional hydrologist to ensure conformance with the NPDES provisions of the Clean Water Act. NOISE N-1 Prior to commencement of construction activities, notice shall be provided to surrounding residents within 300 feet of the project site regarding anticipated construction activity dates and times when substantial noise and vibration are anticipated to occur. Prior td' distribution, the notice shall be reviewed and approved by the Director of Development Services. TRANSPORT A TIONITRAFFIC T -1 Prior to approval of construction documents, a construction access and staging plan. in consultation with the Oakwood Apartments property owner, shall- be submitted for review and approval by the Director of Public Works to ensure adequate residential access and parking will be provided during construction activities. T -2 Prior to the commencement of construction, the project contractor shall prepare a construction staging plan and access detour plan to ensure that no adverse impacts to public access occur during construction of the proposed project. Such plan shall be submitted to and meet with the approval of the City of Seal Beach City Engineer. Timing Prior to commencement of construction activities Prior to commencement of construction activities Prior to approval of construction documents Prior to the commencement of construction . . . . Resolution Number 5J.5D Responsible Party for Implementation Director of Public Works Director of Development Services Director of Public Works City Engineer Date Completed Comments Resolution Number ':)0 ,;;>0 PROOF OF PUBLICATION (2015.5 C.C.?) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer, of the SEAL BEACH SUN, a . t newspaper of general circulation, , printed and published weekly in the City of Seal Beach, County of Orange and which newspap'er has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of s~id newspaper and not in any supplement thereof on the following dates, tq-wit: ~II( all in the year 2004. Proof of Publication of ........~...........~.......................... ,2004. ............................................... I,: NOTICE OF iNTENT' f(:)/<:lfii::!, any comments ~m the ~iivirOn' "'! ' 'ADOPJ,A MlnGA'I'ED'/ ,i,,; p r'!,1e':lt~1 do~u~.,.el"!ta~!o,[l at the;;, ' NEGATIVE DECLARAtiON, 'm.e~tlng of the .En\"~!'1mental )r, March 11" 2004 "~t:''''"Y' ,.; ';; ...;QualllyCo'1troIBpard,C!nNll!rc/1'"l: ,thislstolnrormlh8~' "'~t pu,"t;,. ',312004 or'to Mr:'~I!~~~hlt.leij<~: , .,'.. ""be onorbeforaAnl'1.:2004l" " he: tha,ttl1e, City ,~", eal ~e"l!ch ,1 Mr~e)Whliten6ergP. ;,.....;:'.Il,~:.t.~.' : proposes,to !ldopt,a.Pv1ltlgated ." , ' -" 's" ":- Ne9ative Declaration for tM,tol-r' iQ!~ect?r,,ofp~ve!op,:"e~t. ,I!,r, ". '.Iowlng project" ,""-' ": .. 'if , vices . ,,' '.,y - '""';..;::...,...,~..r}~;,, , Project Title:' :. "~:.. '.~:".... :;:" ,;.Qlly o! Seal Bl!ach :;:.',~:::-:':;' '!,:..~c! 'lI'.!est End'P!lmp Station RecCi~ iii'211 I;lg~,!h'~treet . ,,":'~,~;~~..:.., '.!' ''',. structlon ProJecl , ',,', ....:' .') &~al, Be.a~h, q~ ,90740: ':" 'ProJlict De8erlp~on~~;-,."~' 'iI'; ;1',' If you Ii~ve a'1Y 9~es!!0r,ls o~' '. The 'project'proposes to reno- ,;.'~oul~ like .any addlllonallnfor , 'v!lteanexisting"pump.stationto '".matlC!n;-please c,all Mr, Mark ,,,accommodate the 25-year storm ...".Vukojillllc, P,E.; [)epuIy.CIIy EngI-. event and reaUC8 lIoodlng risks I neer, or Mr. L,ee 'tJliltle~be~g.. ,to existing develoPment. The pro- j.. Development SeMce~.Qlra,ctp!,:, Ject wllI'add twO electric pumps',,' ,at (562) 431-2527. , ' ", ' " . dlrectlY.~dJaceDtto t~~ exIsting i",",SEAL B~CH SUN 311!ll211~ pump f,aCllltieS on the Etast side. I ' , Inlet to the' new pump facility Is provldad lIirough a 1 Moot wide and &:foot high box culvert from the wet well area of the existing , pump station. A 208 ~uara-foot . building will house the.new pumps above an addad ,wet well. A slngle,48-lnch diameter dis- charge pipe,will be ~ad to ~ , , vey flows to.lhe San 'Gabriel' RIv8i': In.atfdItiat, a low flow diver- ,s~n l!yst!lm ~lI.~:co,nstiucted" :' to conyey drY:we~th8r',n~Yfs[to , , the el!!stlng ~ew"r ~.eTTH .,:~, " , Project l.oeallon:' :1':':~ ,..;".. > The' project is lotated' betWeen :1' '~!lO!J1t1 !ev8e,bfJtle,~ Gabriel :, IRiver aild,F.Irst Street; northerl}'.:, 'of WeICO!!1~'~a~,e" i~ the, Clty'of \ Seal BeaCh.,.. (.,,'j' ,,':!:... , Public Revlew:Perlod:.~, ' ,Mar.ch.,1~, ~Jo Ap,riIJ2., ' , 2004 " ....".", ""'0'- ' Publl~ ,~oniment Meeting:' .., .' Environmental Quality,Col1trol Board M~il,ting!;..I';I.':''"'!'''; I March 31, 2004 .,6:30 PM City , Council Chamber 211 Eighth ", Street.~ '~,H", 'IP,'" , -0' :.J'} . City Counell',Hearlng.Dale: May'10, 2004 ,... 7:00 l'M Hearing Location: : .' ' City of seai:eeach. CitY Hiiil,,211.. Eighth, Street. .Seal. Beach;, CA.: 90740 ...... ".r... ~ "., . J:;"II!~ . , . ' The Mitigated ,Negathie ,DBC-j larallon, 'Initial'f1tudy/Eriviro'-l', nmental Checltllst; and appllca-. ble techn!C81 sltlCies pertainlng'to~ the ,proposed, project, are: avalH able for publiC review at the: add"?s~,l,1e!o~:;f.ll!asl!,:Submi~:, I ~~)J~ ~,~ I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I 1 I 1 Resolution Number 5;;1 '60 PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALWORNIA, County of Orange I am a citizen of the United States and a resident of the county a.fore- said; I am over the age of eighteen years, and not a party to or inter~ ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL a~AC-.H SUN; a newspaper of general circulation, "- printed and published weekly in the City of Seal B~ach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A8?583; that the notice of which the annexed is a printed copy (set in'type not smaller than nonpareil), has been published in'each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: -- _..._.~fk7 all in the year 2004, Proof of Publication of ........................~..................... ........................~..................... !'N6TICE1d~.I~~~~T[I::il1-.,J Ofi;~oWs ,iO the :san'G~if~R!~f; '/~; :TO'ADOPT'A'MITIGATED ,,' .11",,~c;Idltlo!l.,.a,,'~'!V flow, a~verslon.' ,NEGATIVE DECLARATION:' ',;1 >sy~te"" will' be cdnstructed, to" "May 25'2004: "''"'''. :.','" 'j' . ,:i'coriveydiY'weathefI16Wli to the ' .;,.', I ': '; :'.;' , .., r\ '!;.;<:>:!~r ,,:' : ',' e1\lstl':!g se,w,ecsystem. ' I ,'Thisls,tojnfomith~gen"r8Jp~ti,.. '. ":':5,~.i;'~";!'.,;.'i?' ' ':' ',Iic thal the City of Seal BeachP(o-!.;.;~~r'?lect Loca~lon:,.. - '~~"': , poses.'to 'lIdopt a~Mjtigated",' ~if]18 project,ls kicated ~ ttie ' .. N~ativil Dei:iiira!iO~ for,\hljl,'ol-.!i .,.s~ift~.!evil,ii.:~1.tti" ~_~rf..~abnill : , lOWIng p'rojecwr. .,,,~,~.' :l.!;:"~,'~ ,'~'1.!!iVl!~'a"!d.tl~t Strljll!t,!north~r!y: ': \ ':'. ~::'t :!~':,: !:i;?',~{\.~;<J.<~:;~! 'ofWelcome<lLane;ln.the City, of ,p.ro)eC1 ,.!tltle:li4:"", ~ '''.'~I,~:~:i;:'i,:: .. i~ ~' Seal Beach,~.'~.l ,':'l!:!,'.'~: 'i, r West,,, End, Pump Stati'ein ";:, 'r.....~~,t;. ;,<, .. !', , RecOnstruction Project,' '!!' .:,$!,Ity Cqil!1!=II,H"artngJ~lIIte: " , '!""', ' <' ' ;1 ," ~J!J!.'l!;l,~, ~99:li;.'?;~Q..~~-;-~ , Prciject'Deilcrlptloh: r' ' ,1,~ '::.~: ,;',..,': :~ ': ';.:' ('-:--,....." :,:.. The : project' proposes tei reno~ ;;'!Hearlng'tol;8tlOn:' "I," ,I "; : ( l ~ ,Vate an exlsllng pump slatiori,t6" , C~y.of Seal Beach.;C;ity Hall. ! acCOmmodate the 25-year storm':~'- 2~ 1.Elghth Street,.,-.".. >". :. event and reduce flOoding riSKS":;I:~~~~r.~~.a.i;lilix~,~o!~p7,';.r'; ~ ,~~=s~~u.er:~=:w~'~; ,i"if '~oJ Ii~~ ~~;Yi~ue~ii6hs, or , directly adjacent to the existing ,wou!d..!lke any',addltlonal Infor.; , 'pump' faeililles on the east side. :.: mallo~~ pl!,asljl ~an"~r,: ~ar~', _ Inlet,to the new,pump facility; is !.. Vu~ojeYlc,_P.:.E.,.,Dep,uty C;lty' .. provided through a 1 O-foot wide' i l~ Engmeer, or. Mr. Lee Whittenberg, c,an,i:t:5:!99ihigh Ilox culvert frprri.;' . 'De1(elopment',~e.!V/c;e!(l.P.irector" : the wet Well area of the eXistI1i9,!;~!a!.l5~),4~1::2~?..,.......", i; pump stalion. A 208 square-fpot: "', Publlslied l{l:~,~eal BeaCh ~un ,'biiifdingwl1l house the i1ew pumps',: 5127/2004, " ',',.I,':, '_ " ;,above'an1addedwet:well,A!(lIn-':'j , , -. '-."''''-''''''':.':=-- ,;gle;A;8,lnch'diameter discliarge , 'pipe':wlll be added to convey' .,..:.~(~:,~,I::. I~~.:~~..~. ~f u: I certify (or declare) under penalty of perjury that the foregoing ,is true and correct . , 2004. 31 re J"rON PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430~ 7555