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CC 2014-05-27_08.f. MND Leanna Drive Waterline ProjectMEMORANDUM TO: CITY COUNCIL ~ FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: ~;jf:KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT 14-001; APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; LOCATION -LEANNA DRIVE AND ARROYO GRANDE CREEK DATE: MAY 27,2014 RECOMMENDATION: It is recommended that the City Council adopt a Resolution adopting a Mitigated Negative Declaration, instructing the City Clerk to file a Notice of Determination (NOD), and approving design improvements for the Leanna Drive Creek Crossing Waterline Project. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The Capital Improvement Program budget and contract administration will be considered as a separate resolution at City Council after the bid process. BACKGROUND: On October 8, 2013, the City Council approved a consultant services agreement with Cannon Corporation (the "Consultant") in the amount of $83,508 for the design and construction support services for the Leanna Drive Creek Crossing Waterline Project (the "Project"). As part of the agreement, the Consultant prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for Project implementation. As the lead agency, the City is responsible for conducting the environmental review and determining the adequacy of the IS/MND with analyzing the potential environmental consequences of the Project. This Project was identified in the 2012 Water System Master Plan as the highest priority project. The existing 8" cast iron pipe encased in concrete was installed in 1960 under the Arroyo Grande Creek bed. The water main encasement is now exposed to creek flow and is subject to cracking and failure. A sewer force main was also installed next to the water main and the encasement has broken and failed. The force main was abandoned in place in 1970. The water line is one of two connections to customers in the Valley Gardens housing tract.. The line is important for system redundancy and reliability. Item 8.f. - Page 1 CITY COUNCIL CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT 14-001; APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; LOCATION – LEANNA DRIVE AND ARROYO GRANDE CREEK MAY 27, 2014 PAGE 2 PROJECT LOCATION: ANALYSIS OF ISSUES: The Project site is located in an unincorporated agricultural area between two urbanized portions of the City. The abandonment of the existing 8” water main and concrete encasement and replacement with a new HDPE main, which will be installed using horizontal directional drilling (HDD) under the creek, is the action the City intends to take to remedy the situation. Abandonment in place will eliminate the need for construction work in the creek channel and significantly reduce potential environmental impacts, permitting requirements and mitigation efforts. The IS/MND identifies biological resources, hazards and hazardous materials, and noise as environmental factors that would be potentially affected by the Project. These issues are discussed below. Item 8.f. - Page 2 CITY COUNCIL CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT 14-001; APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; LOCATION-LEANNA DRIVE AND ARROYO GRANDE CREEK MAY 27,2014 PAGE3 Biological Resources The Project is located at Arroyo Grande Creek near Leanna Drive between Valley Road and South Halcyon. In March 2014, Rincon Consultants, Inc. completed a Biological Resources Assessment (BRA) for the Project, including a field survey of the Project site conducted on January 29, 2014. The Biological Study Area (BSA) for the assessment begins approximately 480 feet from South Halcyon Road along the entrance for the Ken-Mar Gardens Mobile Home Park and extends east approximately 1, 7 40 feet through Arroyo Grande Creek and along the maintained dirt access road parallel to Leanna Drive. The BSA also includes a perpendicular reach beginning approximately 530 feet from the western boundary of the BSA and extending approximately 80 feet north between Ken-Mar Gardens Mobile Home Park to the west and Arroyo Grande Creek to the east. Three vegetation communities were identified within the BSA, during the field survey including: ruderal, developed, and mixed riparian. Ruderal habitat is found along the maintained dirt access road east of Arroyo Grande Creek and parallel to Leanna Drive. There is also a section of ruderal habitat parallel to Arroyo Grande Creek just outside the western bank and riparian corridor. This vegetation community is the most abundant, covering approximately 0.19 acre or 43% of the study area. Developed areas consist of a paved drive to Ken-Mar Mobil Home Park west of Arroyo Grande creek. This is the second most dominant community, covering approximately 0.17 acre or 39% of the study area. Mixed riparian habitat occurs along the segment of the BSA which traverses Arroyo Grande Creek. Mixed riparian habitat is the least abundant habitat in the BSA covering approximately 0.08 acre or 18% of the study area. The Project site contains suitable habitat for nine (9) regional species of concern, including six (6) special status plant species and three (3) special status wildlife species. These species have all been previously documented by the California Natural Diversity Database (CNDDB), which is a program that inventories the status and locations of rare plants and animals in California, within a three-mile radius of the site. The mixed riparian habitat also has the potential to support nesting birds protected by the Federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC). The regional species of concern with potential to occur onsite include: • Hoover's bent grass (Agrostis hooven) • Straight-awned spineflower (Chorizanthe rectispina) • La Graciosa thistle ( Cirsium scariosum var. loncholepis) • Pismo clarkia (Clarkia speciosa ssp. immaculate) • San Bernardino aster (Symphyotrichum defoliatum) Item 8.f. - Page 3 CITY COUNCIL CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT 14-001; APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; LOCATION -LEANNA DRIVE AND ARROYO GRANDE CREEK MAY 27,2014 PAGE4 • Gambel's watercress (Nasturtium gambelil) • Pacific pond turtle (Actinemys marmorata) • Steelhead Trout (Oncorhynchus mykiss irideus) • California red-legged frog (Rana draytonil) In addition to regional species of concern, sensitive habitat types are also considered biological resources of regional concern that are protected. Three of the regional habitats of concern that have been previously documented within a three-mile radius of the project site were observed within the BSA. These include central dune scrub, central foredune, and coastal and valley freshwater marsh. The IS/MND indicates that there are no impacts to sensitive plant species. However, there are potentially significant impacts to special status wildlife species (Pacific Pond Turtle, California Red-Legged Frog and Steelhead Trout) and nesting birds. The measures contained in the Resolution mitigate these impacts to less than significant. Hazards and Hazardous Materials Human-caused hazards often occur as a result of modern activities and technologies. These potential hazards can include the use of hazardous materials and buildings that may be unsafe during a strong earthquake. A number of Federal and State agencies are responsible for the regulation of hazardous materials. The County of San Luis Obispo is responsible for enforcing State regulations, both in the City of Arroyo Grande and the County, governing hazardous substance generators, hazardous substance storage, and underground storage tanks (including inspections, enforcement, and removals). The San Luis Obispo County Environmental Health Department regulates the use, storage, and disposal of hazardous substances in the County by issuing permits, monitoring regulatory compliance, investigating complaints, and other enforcement activities. The proposed project includes the use of temporary construction equipment to horizontally bore, and horizontally install, an underground water line from one side of Arroyo Grande Creek to the other. These uses would not create a significant hazard to the public/environment involving hazardous materials. Construction materials, including fuels and oils, may be transported during construction, in compliance with existing regulations. The proposed project does not involve any uses that would create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Although a limited amount of hazardous materials would be present at the Project site (namely oil and gas for construction equipment and vehicles) during normal construction conditions, hazardous materials would not pose a substantial risk. However, there is the potential for spills to occur at the Project site, which would potentially impact the environment. Item 8.f. - Page 4 CITY COUNCIL CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT 14-001; APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; LOCATION-LEANNA DRIVE AND ARROYO GRANDE CREEK MAY 27,2014 PAGE 5 The measures contained in the Resolution mitigate impacts related to Hazardous Materials to less than significant. Noise Community noise levels are typically measured in terms of A-weighted decibel (dBA). Weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Equivalent noise level (Leq) is the average noise level on an energy basis for a specific time period. The duration of noise and the time of day at which it occurs are important factors in determining the impact of noise on communities. The Community Noise Equivalent Level (CNEL) and Day-Night Average Level (Ldn) account for the time of day and duration of noise generation. These indices are time-weighted average values equal to the amount of acoustic energy equivalent to a time-varying sound over a 24-hour period. The City's General Plan Noise Element and the San Luis Obispo County General Plan Noise Element do not specify noise thresholds for temporary noise sources; however the General Plans do contain stationary noise thresholds to preserve the tranquility of residential areas. According to the Noise Elements, the maximum acceptable noise exposure from stationary noise sources is 70 dB from 7 a.m. to 10 p.m. and 65dB from 10 p.m. to 7 a.m. In addition, Section 9.16.030.G of the Arroyo Grande City Ordinance and section 23.06.042h of the San Luis Obispo County Noise Ordinance state noise sources associated with work performed by the City or private or public utilities in the maintenance or modification of its facilities are exempt from noise standards. Construction activity noise levels at and near the proposed project construction areas would fluctuate depending on the particular type and duration of uses of various pieces of construction equipment. Construction activity would entail excavation, drilling, and finish grading. The main sources of noise during construction activities would be the heavy machinery used in excavation and horizontal drilling. Noise from construction activities may intermittently dominate the noise environment in the immediate area of construction. There are two residential neighborhoods adjacent to the project area. Maximum noise levels associated with the use of heavy equipment at the construction site can range from about 78 to 84 dBA at 50 feet from the source, depending upon the types of equipment in operation at any given time and phase of construction (U.S. Department of Transportation, 2006). Noise generated by digging, drilling, and finishing activities associated with short-term installation of the water line would result in an increase in noise at the nearest residences. The measures contained in the Resolution mitigate impacts related to Noise impacts to less than significant. ALTERNATIVES: The following alternatives are provided for the City Council's consideration: • Adopt the Resolution approving the Mitigated Negative Declaration and directing the City Clerk to file a Notice of Determination (NOD); Item 8.f. - Page 5 CITY COUNCIL CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT 14-001; APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; LOCATION-LEANNA DRIVE AND ARROYO GRANDE CREEK MAY 27,2014 PAGES • Modify and adopt the Resolution; • Do not adopt the Resolution; • Provide direction to staff. ADVANTAGES: Adopting the MND allows the City to proceed with the Project, which is identified as a high priority project for the City. DISADVANTAGES: There are no disadvantages identified by staff. ENVIRONMENTAL REVIEW: Staff has reviewed the proposed project in accordance with the California Environmental Quality Act (CEQA) Guidelines and prepared a Mitigated Negative Declaration. PUBLIC NOTIFICATION AND COMMENT: A Notice of Availability of the IS/MND was sent to property owners and tenants located within 300' of the project site, and fifteen (15) copies of the IS/MND with Notice of Completion was sent to the State Clearinghouse for distribution to various State reviewing agencies. The IS/MND was posted on the City's website on Wednesday, April 16, 2014 for public review. The Agenda was posted in front of City Hall on Thursday, May 22, 2014. The Agenda and report were posted on the City's website on Friday, May 23, 2014. No public comments were received. Item 8.f. - Page 6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING DESIGN IMPROVEMENTS FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; CAPITAL IMPROVEMENT PROJECT NO. 14-001; LOCATED AT LEANNA DRIVE AND ARROYO GRANDE CREEK WHEREAS, the Leanna Drive Creek Crossing Waterline Project (the "Project") was identified in the 2012 Water System Master Plan as the highest priority; and WHEREAS, on October 8, 2013 the City Council approved a consultant services agreement with Cannon Corporation in the amount of $83,508 for the design and construction support services for the Project; and WHEREAS, on May 27, 2014, at a duly noticed public meeting the City Council considered Capital Improvement Project No. 14-001 consisting of certain design improvements for the Project including the abandonment of the existing 8" water main and concrete encasement and replacement with a new HOPE main, which will be installed using horizontal directional drilling (HOD) under the creek; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for the Project. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public meeting pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a Mitigated Negative Declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this Project. Further, the City Council finds that said Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, directs the City Clerk to file a Item 8.f. - Page 7 RESOLUTION NO. Notice of Determination, and hereby approves the design improvements for Capital Improvement Project No. 14-001, copies of which are on file with the Community Development Department. On motion by Council Member ___ , seconded by Council Member ___ , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 2ih day of May, 2014. Item 8.f. - Page 8 RESOLUTION NO. TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 8.f. - Page 9 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.f. - Page 10