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HomeMy WebLinkAboutItem J March 22, 1999 STAFF REPORT To: Mayor and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director of Development Services Subject: STATUS REPORT RE: BOLSA CHICA CHANNEL IMPROVEMENTS, COUNTY OF ORANGE SUMMARY OF REQUEST Receive and File Staff Report. DISCUSSION At the March 8, 1999 City Council Meeting, a citizen of College Park Fast addressed the Council regarding concerns related to the proposed channel improvements at the Bolsa Chica Channel, specifically the loss of vegetation areas and the resulting impact upon wildlife that utilize those vegetated areas. The City Council requested a status report of staff. On September 10, 1998 the City received a copy of the "Notice of Intent to Adopt a Mitigated Negative Declaration - Bolsa Chica Channel (CO2) Improvements", from the County of Orange. This document evaluated the environmental impacts of proposed improvements to Bolsa Chica Channel, involving the replacement of an existing rip-rap lined storm drainage channel with a concrete rectangular channel and asphalt maintenance roads from Belgrave Avenue to the I-405/22 interchange, in the Cities of Seal Beach, Los Alamitos and Garden Grove. The City also received a copy of the "Public Notice - Application for Permit No. 98-00638-YJC, from the U.S. Army Corps of Engineers relating to the permit application by the County of Orange for the same project. On September 28, 1998 the City Council considered a Staff Report regarding these two items and authorized the Mayor to a comment letter, expressing several concerns relating to the proposed project. Provided as attachments to the Staff Report were complete documents of the proposed Negative Declaration prepared by the County of Orange and the "Application for Permit" prepared by the Corps of Engineers. Agenda Item C:\My Documents\CEQA\Boise Chica Channel Neg Dee,CC SR3.doc\LW\03-I 1-99 Status Report- Bolsa Chica Channel Improvements City Council Staff Report March 22, 1999 The County of Orange provided responses to the comments of the City, and those responses were provided to the City Council on January 25, 1999. A copy of the comment letters approved by the City Council on September 28, 1998 are provided as Attachments 1 and 2, respectively. A copy of the response letter from the County of Orange is provided as Attachment 3. Staff has contacted the County of Orange to determine the status of the project. Final construction plans are being drawn and are anticipated to be completed in June/July 1999, with the project anticipated going to bid in late 1999, with an anticipated construction start date of April 2000. Project construction is anticipated to take approximately 1 year. The County has received the Section 404 permit from the Corps of Engineers and is discussing with the Corps a permit condition relating to off-site mitigation ratios for impacted habitat areas. The concerns expressed by area residents accustomed to the vegetation and birds within the current rip-rap channel are understandable. However, the channel is first and foremost a storm water drainage facility, vital to the health and safety of three communities. The project is an important component of adding substantial storm water carrying capacity. It would be ideal if the flood control objectives were compatible with those other desires. However, the threat of substantial property damage and even loss of life has been deemed the highest priority by Orange County and the U.S. Army Corps of Engineers, the project sponsor and permitting agency. RECOMMENDATION Receive and File Staff Report. NOTED AND APPROVED fa f/ ec4fr i Whittenberg, Director Keith R. Till Development Services Department City Manager Attachments: (3) Attachment 1: City of Seal Beach Comment Letter re: "Notice of Intent to Adopt a Mitigated Negative Declaration - Bolsa Chica Channel (CO2) Improvements", dated September 29, 1998 Bolsa Chica Channel Neg Dec,CC SR3 2 Status Report- Bolsa Chica Channel Improvements City Council Staff Report March 22, 1999 Attachment 2: City of Seal Beach Comment Letter re: "Public Notice/Application No. 98- 00638-YJC", U.S. Army Corps of Engineers, Los Angeles District, dated September 29, 1998 Attachment 3: Responses to City of Seal Beach Comment Letter re: "Notice of Intent to Adopt a Mitigated Negative Declaration - Bolsa Chica Channel (CO2) Improvements", County of Orange, dated December 2, 1998 Bolsa Chica Channel Neg Dec,CC SR3 3 Status Report-Bolsa Chica Channel Improvements City Council Staff Report March 22, 1999 ATTACHMENT 1 City of Seal Beach Comment Letter re: "Notice of Intent to Adopt a Mitigated Negative Declaration - Bolsa Chica Channel (CO2) Improvements", dated September 29, 1998 Bolsa Chica Channel Neg Dec,CC SR3 4 • • 1 f• nab 44 �1 a,.-,�.-- rk • - - ••' Bf • -- . - • -...5,1•K ,T..... ..2:-:••••j -O..-1.4:40 '-*''''-.4.. • ..trie ARear- A......r. .idc j�'ry f C C - r:• _ bEAI 1SfACH,U�UFO�NIICIY07J0 63 _ .7. 0.t.,- i.:-. .:44.4f1"3:-<---, 062)4314527 • 'r.'. September 29, 1998 FILE COPY FLEASGCULATE: George Britton, Manager Lw ✓✓ 4 Environmental & Project Planning Services Division �— �CG '__ Planning and Development Services Department RETURN TO FOR FILING P. O. Box 4048 , Santa Ana, CA 92702-4048 Dear Mr. Britton: SUBJECT: City of Seal Beach Comments re: "Notice of Intent to Adopt a Mitigated Negative Declaration - Bolsa Chica Channel (CO2) Improvements" The City Council of the City of Seal Beach has reviewed the above referenced Draft Mitigated Negative Declaration regarding proposed improvements to the Bolsa Chica Channel. The City of Seal Beach strongly supports the proposed improvements to this channel. The safety of the residents adjoining the Bolsa Chica Channel will be greatly increased by the successful completion of the project, alleviating a flooding problem from this portion of Orange County, and our community in particular. In reviewing the subject document, the City concurs with the proposed mitigation I measures relating to Water, Transportation/Circulation, Air Quality, Noise, Biological Resources and Aesthetic impacts identified in the Mitigated Negative Declaration. The proposed mitigation measures are felt to be adequate to reduce potential impacts to the adjoining residential areas to a level as insignificant as possible for these identified areas. The City of Seal Beach does have a concern regarding the response to Item 3e of the Initial Study. The response does not address the issue of impact of a high water table on the proposed project. During excavation work, a high water table may be encountered, resulting in significant unstable soil condition. The City requests further evaluation of the water table and the preparation of a de-watering plan, if the water table is determined to be a significant concern. The City would also request the ability to review and provide comments on the de-watering plan. C:\My Document:\CEQA\Bolsa Chia Channel Neg Dec,CC Letet.doc\LW109-28-98 City ofSeal Beach Comment Letter re: "Notice of Intent to adopt a Negative Declaration- Bolsa Chico Channel(CO2)Improvements" September 28. 1998 The City of Seal Beach does have a concern regarding the response to Item 4b of the Initial Study. The response does not address the exposure of people or property to water related hazards such as flooding during the term of the project construction, which will include the winter storm season of 1999-2000. The City of Seal Beach requests the preparation of an "Interim Stormwater Protection Plan" to address the safety of property and structures during the winter storm season. This issue is vitally important to the residents of Seal Beach, which adjoin the Bolsa Chica Channel, as they have experienced flooding during the winters of 1995, 1993 and 1992. The City of Seal Beach also has concerns regarding the response to Items 5a and 5e of the Initial Study. The response does address the ability of the City to approve a haul route access plan prior to the initiation of construction activities. Included as a part of this plan should be any detour plans to accommodate construction activities with special attention to vehicle drivers, pedestrians and bicyclists, and a parking plan for construction worker vehicles. These plans will be required to be reviewed and approved by the City of Seal Beach Public Works Department prior to initiation of construction activities. In addition, there is a City-owned 12" water line located in the channel at the I- 405/22 Freeway. Particular attention needs to be given to the protection of the integrity of that line during the channel improvement project. The City requests the ability to review project construction plans prior to initiation of construction activities in the immediate area of the water line to ensure adequate protection of this water line. The City of Seal Beach appreciates the inclusion of our community in reviewing the "haul route access plan", and the hours of construction activity restrictions set forth. These measures will help ensure the project is not unduly intrusive to our residents. Thank you for your consideration of the comments of the City of Seal Beach. Please do not hesitate to contact Mr. Lee Whittenberg, Director of Development Services at (562) 431-2527, extension 313, if you have any questions regarding this matter Sincerely, eor E. Brown,/ Mayor City of Seal Beach Distribution: Seal Beach City Council Seal Beach Planning Commission Bolsa Chica Channel Neg Dec,CC Letter.doc 2 City of Seal Beach Comment Letter re: • "Notice of Intent to adopt a Negative Declaration- Bolsa Chica Channel(CO2)Improvements" September 28, 1998 Seal Beach Environmental Quality Control Board Seal Beach Archaeological Advisory Committee City Manager City Engineer Director of Development Services Bolsa Chica Channel Neg Dec,CC Lener.doc 3 Status Report-Bolsa Chica Channel Improvements City Council Staff Report March 22, 1999 ATTACHMENT 2 City of Seal Beach Comment Letter re: "Public Notice/Application No. 98-00638-YJC", U.S. Army Corps of Engineers, Los Angeles District, dated September 29, 1998 I Bolsa Chica Channel Neg Dec,CC SR3 5 Y. fir. t^atoim�/glrtia `\ wn _ CI(Y MALL s 41)1.IGH)H S?xE '� • SifA►1•SAACH.CAI-004,41A 957.11)153-79• -.'1414*".. ' > . •�. X562)131.7527 e .�.. September 29, 1998 FILE COPY PLEASE CIRCULATE: LW.�LHP - U.S. Army Corps of Engineers, Los Angeles District RETUr."J TO 0 if FILING Regulatory Branch ATTN: CESPL-CO-R-98-00638-YJC P. O. Box 532711 Los Angeles, CA 90053-2325 Dear Mr. Chung: SUBJECT: "PUBLIC NOTICE/APPLICATION NO. 98-00638-YJC", Bolsa Chica Channel, Orange County, California The City Council of the City of Seal Beach has reviewed the above referenced Application for Permit regarding proposed improvements to the Bolsa Chica Channel. The City of Seal Beach strongly supports the proposed improvements to this channel. The safety of the residents adjoining the Bolsa Chica Channel will be greatly increased by the successful completion of the project, alleviating a flooding problem from this portion of Orange County, and our community in particular. In reviewing the subject document, the City concurs with the determinations of the Corps regarding this project and urges the issuance of the requested permit to the County of Orange. The City has separately commented to the County of Orange regarding their proposed "Mitigated Negative Declaration" for this project. Any concerns regarding implementation of the project, and its impact upon our residents, would be addressed by the County of Orange. Thank you for your consideration of the comments of the City of Seal Beach. Please do not hesitate to contact Mr. Lee Whittenberg, Director of Development Services at (562) 431-2527, extension 313, if you have any questions regarding this matter Sincerely, ge B wn City of Seal Beach I C:\My Documents\CEQA\USACOE Notice Letter,Bola Chica Channel.doc\LW\09.28-98 I City of Seal Beach Comment Letter to U.S.Army Corps of Engineers re: "Public Notice/Application No. 98-00638-YJC"- Bolsa Chica Channel, Orange County September 28, 1998 Distribution: Seal Beach City Council Seal Beach Planning Commission Seal Beach Environmental Quality Control Board Seal Beach Archaeological Advisory Committee City Manager City Engineer Director of Development Services USACOE Notice Letter,Bolsa Chica Channel.doc 2 Status Report-Bolsa Chica Channel Improvements City Council Staff Report March 22, 1999 ATTACHMENT 3 Responses to City of Seal Beach Comment Letter re: "Notice of Intent to Adopt a Mitigated Negative Declaration - Bolsa Chica Channel (CO2) Improvements", County of Orange, dated December 2, 1998 I Bolsa Chica Channel Ncg Dec,CC SR3 6 FILE CTHOMAS B. MATHEWS � O� DIRECTOR 1" County of Orange � O:; 300 N. FLOWER ST. C") I'7 THIRD FLOOR '. � o`�0iti1 Planning & Development Services Department SANTA ANA, CALIFORNIA �LIFOR4 MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 834-4643 FAX# 834-2771 DEC 2 S98 George E. Brown Mayor, City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Subject: Bolsa Chica Channel Improvements Dear Mr. Brown: Environmental and Project Planning Services Division (EPPSD) staff has reviewed subject letter and offers the following responses: Comment: The City requests further evaluation of the water table and the preparation of a de- watering plan, if the water table is determined to be a significant concern. The City would also request the ability to review and provide comments on the de-watering plan. Response: Research has been completed to determine the level of groundwater and existing soil conditions and is being finalized into a formal Materials Report. As part of the Plans and Special Provisions for this project along with the need to comply with Section 401 of the Clean Water Act, the Contractor will be required to submit a dewatering plan for review and approval of County of Orange's Public Facilities & Resources Department(PFRD). Although we do not see the need for this dual review process, we will honor the City's request. Comment: The response (4b) does not address the exposure of people or property to water related hazards such as flooding during the term of the project construction,which will include the winter storm season of 1999-2000. The City of Seal Beach requests the preparation of an Interim Stormwater Protection Plan. Response: It is the County's practice to place in the Plans and Special Provisions, language that will identify the Contractor as the responsible party for insuring that construction of the project will not put local residents in danger. The Contractor is required to carry adequate liability insurance. Comment: Included as part of this plan should be any detour plans to accommodate construction activities with special attention to vehicle drivers, pedestrians and bicyclists, and parking plan for construction worker vehicles. Response: Please see Mitigation 5.1 on page 5 of Negative Declaration IP 98-097 which addresses detour and parking issues. I I • Comment: There is a City owned 12"water line located in the channel at the I-405122 freeway. Particular attention needs to be given to the protection of the integrity of that line during the channel improvement project. Response: Since the Orange County Flood Control Act requires local agency approval prior to awarding of a construction contract, each City impacted by the project will receive a complete set of Plans and Special Provisions. The Plans and Special Provisions, which are presently being prepared, will identify this permitted water line as a facility that needs to be protected in place. Should you have any questions or desire additional information please feel free to call me or contact Lisa Cibellis directly at(714) 834-2089. Very truly yours, George Britton, Manager Environmental and Project Planning Division