HomeMy WebLinkAboutCC Res 5995 2010-04-26RESOLUTION NUMBER 5995
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION IN
CONNECTION WITH THE RIVERS END STAGING AREA AND
SAN GABRIEL RIVER BIKEWAY ENHANCEMENT PLAN
PROJECT AND MITIGATION MONITORING PROGRAM,
APPROVING THE PROJECT AND INSTRUCTING STAFF TO
FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY
OF ORANGE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1 . The City has received a grant for approximately $2,000,000
from the Rivers and Mountains Conservancy for improvements to the Rivers End
Staging Area ( "RESA ") and the San Gabriel River Bikeway Trail ( "Bikepath ")
(collectively, the "Project ").
Section 2 . The RESA presently includes: a paved surface parking lot, a
restaurant facility, and a City -owned maintenance structure. The City proposes to:
add landscaping and associated irrigation facilities; repave the existing parking
lot in some areas with asphalt; restripe the lot to create five ADA- compliant
parking spaces and add one parking space; install two new stone informational
kiosks at the two southern corners of the parking lot; install a stone entry
monument sign and entry gate at the First Street entrance; renovate and add
sidewalks; add signs and lighting; and add a series of seat walls to block wind-
blown sand from reaching the RESA. Windsurf Park, located along the eastern
boundary of the site, would be expanded to include additional turf, picnic tables,
benches, trash receptacles, and signage improvements. This area would also
include windsurfer board racks and rinse facilities. The Project also includes
native landscaping improvements along the southern and western boundaries of
this area, in addition to a block wall along the eastern boundary. A new tubular
steel fence and gate would be installed along the southern portion of the facility.
In total, the Project would add 0.61 -acre to the existing RESA, for a proposed
total of 3.31 acres.
Section 3 . The San Gabriel River Bikeway Trail is a paved regional
recreational trail along the eastern boundary of the San Gabriel River between the
cities of Azusa and Seal Beach. The City proposes to improve approximately 3.4
miles of the trail, from 1 -405 to the northern boundary of Rivers End parking lot.
Proposed improvements to the Bikepath are: resurfacing and restriping of the
existing trail; planting of native landscaping; installation of signage; installation of a
decorative concrete area with a cobblestone kiosk featuring a trail map and
interpretive sign, a drinking fountain, a concrete seat wall, and bicycle racks at the
southern terminus; installation of a viewing node containing concrete benches,
trash receptacles and native landscaping; and replacement of exotic landscaping
with native plantings.
Section 4 . The Project has been environmentally reviewed pursuant to
the provisions of the California Environmental Quality Act (Public Resources
Code Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000, et seq.). The City
engaged the services of the independent environmental consulting firm of RBF
Consulting ( "RBF'). RBF prepared an initial study pursuant to State CEQA
Guideline § 15025 (a). Based on the information contained in the initial study,
RBF concluded that the Project could have a significant effect on the
environment, but that mitigation measures could be implemented to reduce such
impacts to a less than significant level. Based upon this determination, RBF
prepared a Draft Mitigated Negative Declaration ( "MND ") in accordance with
CEQA Section 21080 (c) and Section 15070 of the State CEQA Guidelines.
S7296-0001\1 224754v l .doc
Resolution Number 5995
Notice of the preparation of the MND was posted and circulated for public review
and comment from February 5, 2010 through March 5, 2010. Copies of the MND
were delivered to members of the City Council, Planning Commission,
Environmental Quality Control Board (EQCB), affected agencies and interested
parties. EQCB held a hearing on February 24, 2010 and recommended adoption
of the MND. On March 18, 2010, the Planning Commission held a public hearing
to consider the MND and four comment letters received by the City during the
circulation period from: Southern California Gas Company (February 10, 2010),
California Department of Transportation (March 1, 2010), Bay City Partners
(March 5, 2010) and California Department of Transportation (March 9, 2010).
Although CEQA does not require a lead agency to prepare written responses to
comments received (see CEQA Section 21091 (d) and CEQA Guidelines Section
15088) the City elected to prepare written responses to the four comment letters
timely submitted. On March 18, 2010, after the conclusion of the circulation
period, Bay City Partners submitted a second comment during the Planning
Commission hearing. Once again, although under no legal obligation to respond
to the tardy submittal, Staff responded to the second comment letter at the
hearing, and the staff report for the Council public hearing likewise addresses the
letter. Further, Bay City Partners, the owner of property adjacent to the RESA
and a portion of the San Gabriel River Bikeway Trail, has proposed a change of
zone for their property from visitor serving hotel and open space land uses to
allow for residential development, visitor serving uses, and open space. At
present there is no specific development proposal, and it would be speculative to
analyze the potential impacts of an undefined Bay City project in conjunction with
the Project. Contrary to Bay City's allegations, conducting separate
environmental review for these two separate and distinct projects is not improper
"piecemealing." The City's CEQA analysis has included all aspects of its Project,
including the Bikeway and the RESA. The fact that Bay City has submitted a
zone change application without any specific development proposal for its
property does not somehow expand the City's repaving, landscaping and
associated minor improvements project into a development project of much
greater magnitude. Further, even if the piecemealing argument had merit, which
it does not, there is insufficient information with which to undertake a meaningful
CEQA review of some future Bay City project. CEQA does not require the City to
predict unspecified and uncertain future development, and does not require
analysis of speculative impacts.
Section 5 . On March 18, 2010, the Seal Beach Planning Commission
adopted the MND, subject to the required mitigation measures. On March 29, 2010
Bay City Partners (the "Appellant ") submitted a timely appeal of the Planning
Commission's action. Thus the Planning Commission's action does not constitute
the City's final decision in this matter.
Section 6. On April 26, 2010, the City Council considered the Project at a
duly noticed public hearing de novo. At the hearing, the Appellant's representative
and attorney spoke in favor of the appeal. For the first time (and long after the
public comment circulation period expired), the attorney for Bay City raised
additional arguments. The Bay City attorney argued that by repaving the parking lot
and bike trail, more people will visit the site thus creating more traffic. Staff
responded to the arguments. The City Council entered into the record the Initial
Study, the MND, the comments on the MND, the responses to the comments on
the MND, written and oral staff reports, correspondence, public testimony,
statement by the Appellant's attorney and all exhibits attached to the staff report.
Section 7 . Pursuant to Section 15074(b) of the State CEQA Guidelines,
the City Council independently reviewed and considered the contents of the Initial
Study, the MND, the comments on the MND, the responses to the comments on
the MND, written and oral staff reports, and public testimony (collectively, the
"Environmental Documentation ") prior to deciding whether to approve the Project.
Based on the Environmental Documentation, and the whole record before the City
Council, the City Council hereby finds that the MND prepared for the Project
reflects the independent judgment and analysis of the City Council and that there is
Resolution Number 5995
no substantial evidence that the approval of the Project, as mitigated, will have any
significant environmental impact. The City has addressed each of the identified
concerns within the Environmental Documentation. Moreover, although CEQA
does not require responses to comments concerning a mitigated negative
declaration, the City responded in writing to comments received.
Section 8 . Based upon the foregoing, and based upon substantial
evidence in the record before the City Council, the Council exercising its
independent judgment and analysis hereby finds:
1. Approval of the Project, with mitigation, will not result in a
significant effect on the environment.
2. 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.
3. There is not substantial evidence to suggest that the Project
will result in inadequate parking capacity. Further, because
the number of parking spaces will increase by 1 with Project
implementation, and because the improvements to the
facilities are not expected to substantially change the
number of persons coming to the area for recreational
purposes, the Project will not have significant traffic or
parking impacts.
4. The proposed Project will not necessitate any physical
changes to the City's maintenance structure and storage
yard or the adjacent privately -owned oil facility, and as such
does not have the potential to cause any adverse impacts to
the environment from any release of hazardous materials
associated with these existing facilities.
5. There is no evidence that climate change will cause short-
term flooding impacts on any component of the Project, and
unsubstantiated and speculative opinions or narratives in the
record do not constitute evidence that such impacts could
occur. The evidence in the record supports a conclusion
that no impacts in this regard will occur in the foreseeable
future.
6. Appellant's attorney stated that the Project will draw
additional visitors. There is no substantial evidence that the
Project will create more traffic. When viewed in conjunction
with the evidence in the record that supports the conclusions
reached in the MND, Appellant's unsubstantiated statements
do not constitute substantial evidence to the contrary.
Section 9 . The foregoing findings are based on substantial evidence in
the record, including without limitation, the Initial Study, the draft MND, staff reports
and both oral and written testimony. The documents that comprise the record of
the proceedings are on file with the Department of Development Services, 211
Eighth Street, Seal Beach. The custodian of said records is the Director of
Development Services.
Section 10 . The City Council hereby adopts the Mitigated Negative
Declaration, and approves the Project.
Section 11 . The City Council hereby adopts the Mitigation Monitoring and
Reporting Program, attached hereto as Exhibit A and incorporated herein by this
reference, and imposes each mitigation measure as a condition of the Project's
approval. City staff shall be responsible for implementation and monitoring the
mitigation measures as described in Exhibit A.
Resolution Number 5995
Section 12 . The Council hereby instructs the Director of Development
Services to file a notice of determination with the County of Orange and
authorizes staff to proceed with all steps necessary to implement the Project. In
the event that any private property owner refuses to authorize use of its property
for the Project, or the City is otherwise unable to use such property for purposes
of implementing the Project, the City Council directs that staff not construct any
improvements on, or repave or restripe such property.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 26th day of April , 2010 by the
following vote:
AYES: Council Members (JA4T� )W. I //(Wffe0 . c.JWZf.'7'W !
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
0 4 Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5995 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 26th day of April , 2010.
Resolution Number 5995
EXHIBIT "A"
E SEAL 6
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
o Q
Responses to Comments and Mitigatio M o nit oring and Rep Pr ogram
r
3. MITIGATION MONITORING AND REPORTING PROGRAM
CEQA requires that when a public agency completes an environmental document which includes measures to
mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This
requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring
plan must be designed to ensure compliance during project implementation (Public Resources Code Section
21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting
Program has been prepared for the River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Project. This Mitigation Monitoring and Reporting Program is intended to provide verification that all applicable
Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will
include 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to
implement each mitigation; and 3) retention of records in the Project file.
This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the Project, but also
allows the City of Seal Beach flexibility and discretion in determining how best to monitor implementation. Monitoring
procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that
monitoring procedures took place and that mitigation measures were implemented.
Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves
the following steps:
• The City of Seal Beach distributes reporting forms to the appropriate entities for verification of compliance.
• Departments /agencies with reporting responsibilities will review the Initial Study, which provides general
background information on the reasons for including specified mitigation measures.
■ Problems or exceptions to compliance will be addressed to the City of Seal Beach as appropriate.
• Periodic meetings may be held during project implementation to report on compliance of mitigation
measures.
■ Responsible parties provide the City of Seal Beach with verification that monitoring has been conducted and
ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be
documented through existing review and approval programs such as field inspection reports and plan
review.
■ The City of Seal Beach prepares a reporting form periodically during the construction phase and an annual
report summarizing all project mitigation monitoring efforts.
■ Appropriate mitigation measures will be included in construction documents and /or conditions of
permits /approvals.
Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with
CEQA and would be permitted after further review and approval by the City of Seal Beach. Such changes could
include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate
improvements, and /or modification, substitution or deletion of mitigation measures subject to conditions described in
CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting
Program continues to satisfy the requirements of Public Resources Code Section 21081.6.
March 2010 17 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING CHECKLIST
Mitigation
Mitigation Measure
Monitoring and
Reporting
Monitoring
Party Responsible
VERIFICATION OF COMPLIANCE
Number
Process
Milestones
for Monitoring
Initials
Date
Remarks
AESTHETICS
AES -1
Construction equipment staging areas shall be
Review and
Prior to Project
City Development
located, to the greatest extent feasible, away from
Approval of
Grading Plan and
Services Department;
existing residential uses and utilize appropriate
Project Plans and
Specifications
City Public Works
screening (i.e., temporary fencing with opaque
Specifications,
Approval, During
Director or his
material) to shield views of construction equipment
Field Inspection
Construction
Designee;
and material. Staging locations shall be identified
Construction
on final development plans and grading plans.
Contractor
Compliance with this measure is subject to periodic
field inspection.
AES -2
All construction - related lighting shall be located and
Review and
Prior to Project
City Development
oriented away from adjacent residential areas and
Approval of
Plan and
Services Department;
consist of the minimal wattage necessary to
Project Plans and
Specifications
City Public Works
provide safety at the construction site. A
Specifications
Approval; During
Director or his
Construction Safety Lighting Plan shall be
Construction
Designee;
submitted to the City Engineer for review
Construction
concurrent with the Grading Permit application.
Contractor
AES -3
The Project design shall include arrangement of
Review and
Prior to Project
City Development
on -site lighting so that direct rays would not shine
Approval of
Plan and
Services Department;
on or produce glare for adjacent street traffic and
Project Plans and
Specifications
City Public Works
residential uses near the Project site.
Specifications
Approval
Director or his
Development plans shall specify light fixtures that
Designee
comply with the standard of the Illuminating
Engineering Society IES) for full cutoff capability.
AIR QUALITY
AQ -1
During demolition, hauling, or other construction
Review and
Prior to Project
City Public Works
operations, excessive fugitive dust emissions shall
Approval of
Grading Plan and
Director or his
be controlled by regular water or other dust
Project Plans and
Specification
Designee;
preventive measures using the following
Specifications;
Approval; During
Construction
p rocedures, as specified in the SCAQMD Rule 403.
City Public Works
Construction /
Contractor
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March 2010 18 Mitigation Monitoring and Reporting Program
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Responses to Comments and Mitigation Monitoring and Reporting Program
Mitigation
Number
Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring
VERIFICATION OF COMPLIANCE
Initials
Date
Remarks
• Limit on -site vehicle speed to 15 miles
Department Field
Grading Activity
per hour.
Inspections
• Water material excavated or graded
sufficiently to prevent excessive amounts
of dust. Water at least twice daily with
complete coverage, preferably in the late
morning and after work is done for the
day.
• Water or securely cover material
transported on -site or off -site sufficiently
to prevent generating excessive amounts
of dust.
• Minimize area disturbed by clearing,
grading, earth moving, or excavation
operations so as to prevent generating
excessive amounts of dust.
• Indicate these control techniques in
Project specifications. Compliance with
the measure will be subject to periodic
site inspections by the City.
• Prevent visible dust from the Project from
emanating beyond the property line, to
the maximum extent feasible.
• Apply nontoxic chemical soil stabilizers
according to manufacturers'
specifications to all inactive construction
areas (previously graded areas inactive
for ten days or more).
7)
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March 2010 19 Mitigation Monitoring and Reporting Program _
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
Mitigation
Monitoring and
Monitoring
Party Responsible
VERIFICATION OF COMPLIANCE
Number
Mitigation Measure
Reporting
Milestones
for Monitoring
Process
Initials
Date
Remarks
• Trucks transporting soil, sand, cut or fill
materials, and /or construction debris to or
from the site must be tarped from the
p oint of origin.
AQ -2
Ozone precursor emissions from construction
Review and
Prior to
City Public Works
equipment vehicles shall be controlled by
Approval of
Construction /
Department;
maintaining equipment engines in good condition
Project Plans and
Grading Activity;
Construction
and in proper tune per manufacturer's
Specifications;
During
Contractor
specifications, to the satisfaction of the City
City Public Works
Construction
Engineer. Compliance with this measure shall be
Department Field
subject to periodic inspections of construction
Inspections
equipment vehicles by the City and included in
construction bid documents.
AQ -3
All trucks that are to haul material shall comply with
Review and
Prior to
City Public Works
California Vehicle Code Section 23114, with
Approval of
Construction /
Department;
special attention to Sections 23114(b)(F), (e)(2)
Project Plans and
Grading Activity;
Construction
and (e)(4) as amended, regarding the prevention of
Specifications;
During
Contractor
such material spilling onto public streets and roads.
City Public Works
Construction
This provision shall be provided in construction bid
Department Field
documents.
Inspections
BIOLOGICAL RESOURCES
BIO -1
In order to protect migratory birds, the mature trees
Pre - Construction
Prior to
City Development
on -site should be removed or relocated between
Survey for Nesting
Construction /
Services Director;
September 1 and January 31. If tree removal or
Birds if Vegetation
Grading Activity
Qualified Biologist
relocation occurs between February 1 and August
Removal Occurs
31, the City of Seal Beach shall have a pre-
Between February
construction survey conducted by a qualified
1 and August 31
biologist to identify any active nesting locations. If
the biologist does not find any active nests within
the impact area, construction will be allowed to
proceed. If the biologist finds an active nest within
the construction area and determines that the nest
may be impacted, the biologist will delineate an
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March 2010 20 Mitigation Monitoring and Reporting Program
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Mitigation
Mitigation Measure
Monitoring and
Reporting
Monitoring
Party Responsible
VERIFICATION OF COMPLIANCE
Number
Process
Milestones
for Monitoring
Initials
Date
Remarks
appropriate buffer zone around the nest depending
on the species and the type of construction activity.
Any active nests observed during the survey will be
mapped on an aerial photograph. Only construction
activities (if any), approved by the biological
monitor, will take place within the buffer zone until
the nest is vacated. The biologist shall serve as a
construction monitor during those periods when
construction activities shall occur near active nest
areas to ensure that no inadvertent impacts on
these nests shall occur. Results of the pre -
construction surrey and any subsequent
monitoring shall be provided to the California
Department of Fish and Game (CDFG) and any
other appropriate a enc .
CULTURAL RESOURCES
CUL -1
An archaeologist and a Native American Monitor
During Grading
During Grading
City Development
appointed by the City of Seal Beach shall be
and Excavation
and Excavation
Services Department;
present during earth removal or disturbance
Construction
activities related to grading and excavation during
Contractor; Qualified
construction. If any earth removal or disturbance
Archaeologist and
activities result in the discovery of cultural
Native American
resources, the construction contractor shall cease
Monitor
all earth removal or disturbance activities in the
vicinity and immediately notify the City - selected
archaeologist and /or Native American Monitor, who
shall immediately notify the City of Seal Beach
Director of Development Services. The City -
selected archaeologist shall evaluate all potential
cultural findings in accordance with standard
practice, City of Seal Beach requirements, and
other applicable regulations. Consultation with the
Native American Monitor, the Native American
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March 2010 21 Mitigation Monitoring and Reporting Program _
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Mitigation
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Monitoring
Party Responsible
VERIFICATION OF COMPLIANCE
Number
Mitigation Measure
Reporting
Milestones
for Monitoring
Process
Initials
Date
Remarks
Heritage Commission, and data/artifact recovery, if
deemed appropriate, shall be conducted.
CUL -2
If evidence of subsurface paleontological resources
Construction
During
City Development
is found during construction, excavation and other
Activities
Construction
Services Department;
construction activity in that area shall cease and
Construction
the construction contractor shall contact the City of
Contractor; Certified
Seal Beach Director of Development Services.
Paleontologist
With direction from the Director of Development
(if necessary)
Services, an Orange County Certified
Paleontologist shall prepare and complete a
standard Paleontological Resource Mitigation
Program.
CUL -3
Should any human bone be encountered during
Construction
During
City Development
any earth removal or disturbance activities, all
Activities
Construction
Services Department;
activity shall cease immediately and the City-
Construction
selected archaeologist and Native American
Contractor; Qualified
monitor shall be immediately summoned, who shall
Archaeologist and
then immediately notify the City of Seal Beach
Native American
Director of Development Services. The Director of
Monitor
Development Services shall contact the Coroner
(if necessary)
pursuant to Sections 5097.98 and 5097.99 of the
Public Resources Code relative to Native American
remains. Should the Coroner determine the human
remains to be Native American, the Native
American Heritage Commission shall be contacted
pursuant to Public Resources Code Section
5097.98.
CUL -4
If more than one Native American burial is
Construction
During
City Development
encountered during any earth removal or
Activities
Construction
Services Department;
disturbance activities, a "Mitigation Plan" shall be
Construction
prepared and subject to approval by the City of
Contractor; Qualified
Seal Beach Development Services Department.
Archaeologist and
Native American
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March 2010 22 Mitigation Monitoring and Reporting Program
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Monitoring and
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for Monitoring
VERIFICATION OF COMPLIANCE
Initials
Date
Remarks
The Mitigation Plan shall include the following
Monitor
procedures:
(if necessary)
Continued Native American Monitoring
• All ground disturbance in any portions of
the project area with the potential to
contain human remains or other cultural
material shall be monitored by a Native
American representative of the Most
Likely Descendant (MLD). Activities to
be monitored shall include all
construction grading, controlled grading,
and hand excavation of previously
undisturbed deposit, with the exception of
contexts that are clearly within
undisturbed soil profiles.
• Exposure and removal of each burial
shall be monitored by a Native American.
Where burials are clustered and
immediately adjacent, one monitor is
sufficient for excavation of two adjoining
burials.
• Excavation of test units shall be
monitored. Simultaneous excavation of
two test units if less than 20 feet apart
may be monitored by a single Native
American.
• If screening of soil associated with burials
or test units is done concurrently with and
adjacent to the burial or test unit, the
Native American responsible for that
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March 2010 23 Mitigation Monitoring and Reporting Program _
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Party Responsible
for Monitoring
VERIFICATION OF COMPLIANCE
Initials
Date
Remarks
burial or test unit will also monitor the
screening. If the screening is done at
another location, a separate monitor shall
be required.
• All mechanical excavation conducted in
deposits that may contain human
remains (i.e., all areas not completely
within undisturbed soil profiles) shall be
monitored by a Native American.
Notification Procedures for New Discoveries
• When possible burials are identified
during monitoring of mechanical
excavation, or excavation of test units,
the excavation shall be temporarily halted
while the find is assessed in consultation
with the lead field archaeologist. If the
find is made during mechanical
excavation, the archaeologist or Native
American monitoring the activity shall
have the authority to direct the equipment
operator to stop while the find is
assessed. If it is determined that the find
does not constitute a burial, the
mechanical excavation shall continue.
• If the find is determined to be a human
burial, the lead archaeologist shall
immediately notify the Site Supervisor for
the developer, as well as the Principal
Investigator. The Principal Investigator
shall immediately notify the MLD and the
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March 2010 24 Mitigation Monitoring and Reporting Program
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Monitoring
Milestones
Party Responsible
for Monitoring
VERIFICATION OF COMPLIANCE
Initials
Date
Remarks
Director of Development Services for the
City of Seal Beach.
Identification of Additional Burials
• For all discovered human burials,
attempts shall continue to be made to
locate additional burials nearby through
hand excavation techniques. This shall
be done through the excavation of 1 x 1
meter exploratory test units (ETUs)
placed along transects extending radially
from each identified burial or burial
cluster. The spacing of the ETUs shall
be determined upon consultation with the
Project Archaeologist and the MLD. The
radial transects shall be designed to test
areas within 50 feet (15 meters) from the
edge of each burial or burial cluster.
Excavation of these units shall be limited
to areas containing intact cultural deposit
(i.e., areas that have not been graded to
the underlying undisturbed soil profiles)
and shall be excavated until the
undisturbed soil profiles are encountered,
or to the excavation depth required for
the approved grading plan. The soil from
the ETUs along the radial transects shall
be screened only if human remains are
found in that unit.
• Controlled grading shall be conducted
within these 50 -foot heightened
investigation areas with a wheeled motor
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March 2010 25 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation M onitoring and Reporting Program
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grader. The motor grader shall use an
angled blade that excavates 1 to 2 inches
at a pass, pushing the soil to the side to
form a low windrow. Monitors shall follow
about 20 feet behind the motor grader,
examining the ground for evidence of
burials.
• When a burial is identified during
controlled grading, the soil in windrows
that may contain fragments of bone from
that burial shall be screened. At a
minimum this shall include the soil in the
windrow within 50 feet of the burial in the
direction of the grading.
• If additional burials are found during
controlled grading, additional ETUs will
be hand excavated in the radial patterns
described above.
Burial Removal and Storage
• Consultation with the MLD shall occur
regarding the treatment of discovered
human burials. If the MLD determines it
is appropriate to have discovered human
remains pedestaled for removal, that
activity shall be conducted in a method
agreed to by the MLD.
• After pedestaling or other agreed upon
burial removal program is completed, the
top of a burial shall be covered with
p aper towels to act as a cushion, and
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then a heavy ply plastic will be placed
over the top to retain surface moisture.
Duct tape shall be wrapped around the
entire pedestal, securing the plastic bag
and supporting the pedestal. Labels
shall be placed on the plastic indicating
the burial number and the direction of
true north in relation to the individual
burial. Sections of rebar shall be
hammered across the bottom of the
pedestal and parallel to the ground.
When a number of parallel rebar sections
have been placed this way, they shall be
lifted simultaneously, cracking the
pedestal loose from the ground. The
pedestal shall then be pushed onto a
thick plywood board and lifted onto a
pallet. A forklift shall carry the pallet to a
secure storage area or secure storage
containers located on the subject
property.
• If another agreed upon burial removal
program is utilized, that method shall be
carried out in a manner agreed upon
after consultation with the MLD and
concurrence by the Director of
Development Services.
Study of Burial Remains
• If the burials are removed in pedestal and
are incompletely exposed, osteological
studies are necessarily limited to
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determination (if possible) of age, sex,
position, orientation, and trauma or
pathology. After consultation, and only
upon written agreement by the MLD,
additional studies that are destructive to
the remains may be undertaken,
including radiocarbon dating of bone or
DNA studies. If the MLD determines that
only non - destructive additional studies
may be allowed, one shell may be
removed from each burial and submitted
for radiocarbon dating. The assumption
here is that the shell would have been
part of the fill for the burial pit, and
therefore would provide a maximum age
for the burial.
• The MLD may indicate a willingness to
consider some additional exposure and
study of the skeletal material removed
from the sites. Such study would not
involve removal of the remains from the
project area, but rather would be
undertaken near the storage area. To
the extent allowed by the MLD, the bones
would be further exposed within the
existing pedestals or other medium
containing the human remains and
additional measurements taken.
Consultation with the MLD regarding the
feasibility of these additional studies prior
to reburial would occur.
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River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
3s,�fi,• '�au
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Repatriation of Burials and Associated Artifacts
Once all portions of the project area have been
graded to the underlying culturally sterile marine
terrace deposits, or to the excavation depth
required for the approved grading plan, the
repatriation process shall be initiated for all
recovered human remains and associated artifacts.
Once a reburial site has been identified and
prepared, the remains and associated artifacts
shall be transported from the secure storage area
to the site for reburial. Appropriate ceremony will
be undertaken during this process at the discretion
of the MLD.
Additional Studies
Considerable additional data relating to regional
research issues may be uncovered if substantial
numbers of human burials and other archaeological
features are encountered during the construction
monitoring for the development. If this occurs,
additional analysis shall be conducted. The
analysis shall be designed to more completely
address the research issues discussed in the
approved "Research Design," and to provide
additional mitigation of impacts to the sites in light
of the new finds. The following studies would be
potentially applicable:
• Radiocarbon Dating. In considering
the implications of the burials in
interpreting site use and regional
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settlement, it is critical to assess the
time range represented by the
interments. Do they correspond to the
full temporal range of site use, or only
a limited timeframe? Although direct
dating of the bones may not be
possible due to the destructive nature
of the radiocarbon technique, the MLD
may approve the removal of a single
shell from the interior of each burial for
dating. Although this shall not provide
a direct date of the burial, assuming
the shell was part of the burial fill it
should provide a maximum age (that
is, the burial should not be older than
the shell). In addition, an equivalent
number of additional samples from
non - burial contexts would also be
taken for comparative purposes.
These data would provide a more
secure measure of the intensity of
occupation during different periods.
• Sediment Cores. Dating results
obtained to date on the Hellman
Ranch /John Laing Homes properties
may suggest a possible link between
the use of the sites within the project
area and the productivity of the
adjacent lagoon and estuary systems.
To assess this link using independent
environmental data on the subject
property, two sediment cores will be
taken from suitable locations of the
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March 2010 30 Mitigation Monitoring and Reporting Program
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property. Sediments in the cores shall
be examined and described in the field
by a geologist, and samples collected
for dating and pollen analysis. These
data shall then be used to help
reconstruct the habitats present on the
property during the periods the sites
were occupied. This analysis shall be
included in the final report
documenting the testing, data
recovery, and construction monitoring
phases of this investigation.
• Comparative Studies. The substantial
assemblage of artifacts recovered
during the monitoring on the Hellman
Ranch /John Laing Homes properties
provides a basis for comparison with
other sites and shall contribute to an
understanding of regional patterns.
This analysis shall be included in the
final report (see below).
• Animal Interments. Animal interments
may be discovered within the project
area. Because these are not human
remains, somewhat more intensive
study is possible. Because these
features are uncommon and represent
very culture- specific religious
practices, they are useful in
reconstructing cultural areas during
certain times in prehistory. Analysis of
animal interments will include: 1
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March 2010 31 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
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exposure to determine burial position;
(2) photo documentation; (3)
examination of skeleton for age /sex;
traumatic injury, pathology, butchering,
or other cultural modification; (4)
radiocarbon dating; and (5)
examination of grave dirt for evidence
of grave goods or stomach contents.
Curation
Cultural materials recovered from the cultural
resources monitoring and mitigation program for
the development shall be curated either at an
appropriate facility in Orange County, or, in
consultation with the City, at the San Diego
Archaeological Center.
Preparation of Final Report
The final technical report shall be prepared and
submitted to the City within 12 months of the
completion of the archeological field work. The
report shall conform to the guidelines developed by
the California Office of Historic Preservation for
Archaeological Resource Management Reports
(ARMR). It will be prepared in sufficient quantity to
distribute to interested regional researchers and
Native American groups. It shall thoroughly
document and synthesize all of the findings from all
phases of the cultural resources program. Funding
shall be provided by the landowner.
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March 2010 32 Mitigation Monitoring and Reporting Program
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan
Responses to Comments and Mitigation Monitoring and Reporting Program
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Monitoring
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GEOLOGY AND
SOILS
GEO -1
The improvement plans shall include an Erosion,
Review and
Prior to Project
City Department of
Siltation and Dust Control Plan to be approved by
Approval of
Plan and
Public Works
the City of Seal Beach Department of Public
Erosion, Siltation
Specifications
Works. The Plan's provisions may include
and Dust Control
Approval
sedimentation basins, sand bagging, soil
Plan
compaction, revegetation, temporary irrigation,
scheduling and time limits on grading activities, and
construction equipment restrictions on -site. This
plan shall also demonstrate compliance with South
Coast Air Quality Management District Rule 403,
which regulates fugitive dust control.
HYDROLOGY AND WATER QUALITY
HWQ -1
The City shall comply with the Santa Ana
Submittal of NO1
Prior to Site
City Public Works
RWQCB's requirements for construction projects.
to the Santa Ana
Disturbance;
Department; City
Prior to any site disturbance, the City shall submit a
RWQCB;
Ongoing During
Development
Notice of Intent (NO1) to the Santa Ana RWQCB.
Submittal of a
Construction
Services
Should a SWPPP be required, the City shall
SWPPP
Department; Santa
maintain the SWPPP on -site at all times and shall
Ana RWQCB
conform to the SWPPP during construction.
NOISE
NO1 -1
To minimize short-term construction noise impacts
Review and
Prior to Approval
City Development
on surrounding uses, the following measures shall
Approval of
of Project Plans
Services Department;
be implemented. These measures shall be
Project Plans and
and
City Public Works
included in either a construction management plan
Specifications;
Specifications;
Department
or noted on construction plans to be approved by
City Field
Prior to Grading
the City of Seal Beach.
Inspections
Activity; During
Construction
• All construction equipment, fixed or
mobile, shall be equipped with properly
operating and maintained mufflers;
• Construction noise reduction methods
such as shutting off idling equipment,
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installing temporary acoustic barriers
around stationary construction noise
sources, maximizing the distance
between construction equipment staging
areas and occupied residential areas,
and use of electric air compressors and
similar power tools, rather than diesel
equipment, shall be used where feasible;
• During construction, stationary
construction equipment shall be placed
such that emitted noise is directed away
from sensitive noise receivers;
• During construction, stockpiling and
vehicle staging areas shall be located as
far as practical from noise sensitive
receptors;
• Operate earthmoving equipment on the
construction site, as far away from
vibration sensitive sites as possible; and
• A Project sign shall be shall be clearly
posted at the primary construction
entrance, as an information resource for
surrounding property owners and
residents. The sign shall include the
following minimum Project information:
Project name, general contractor, normal
construction hours, normal workdays,
and local telephone number of the Job
Superintendent. If the City or the Job
Superintendent receives a complaint, the
Superintendent shall investigate, take
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March 2010 34 Mitigation Monitoring and Reporting Program
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appropriate corrective action, and report
the action taken to the City.
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