PREPARED BY: RONALYN NONATO DATE OF MEETING: 6/19/17
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1) ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ENVIRONMENTAL REVIEW PHASE OF THE RANDY LANE DRAINAGE IMPROVEMENT PROJECT AND (2) DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION IN THE CONTRA COSTRA COUNTY CLERK’S OFFICE
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Administration/Operations section is an adopted policy item under the FY 2015-17 City Council Priority Workplan, effective October 1, 2016.
CEQA Compliance Statement
This resolution adopts the completion of the California Environmental Quality Act (CEQA) Initial Study / Mitigated Negative Declaration (IS/MND) determination report, technical studies, and regulatory permit applications. A Notice of Determination will be file with the Contra Costa County Clerk’s Office.
BACKGROUND
The City’s drainage is conveyed to either San Pablo Creek or Wildcat Creek, which both discharge into the San Pablo Bay. Historically, the City has experienced minor to severe flooding issues near the Randy Lane area. The area floods three to five times a year during the rainy season. Flooding occurs at the drop inlet (DI) located on Randy Lane near the intersection with Giant Road.
In April 2016, City contracted with Water Works Engineers (WWE) to conduct a study to identify, analyze, develop and compare options in resolving the drainage/flooding issues at this location. This Drainage Analysis Technical Memorandum (Memo) summarized the analysis and recommended upgrades to the drainage system to decrease the chance of future flooding incidents. On July 7, 2016, the City released a Request for Proposal (RFP) for engineering consultants to perform the civil engineering drainage design, environmental CEQA report, technical studies, regulatory permitting, geotechnical analysis/report and surveying for the Randy Lane Drainage Improvement project. Water Works Engineers Inc. presented the best overall proposal.
The project consists of the construction of a new storm drain and outfall into San Pablo Creek. The new storm drain would consist of an 18-inch diameter pipe along Randy Lane and a 24-inch diameter pipe along Giant Road which would discharge into San Pablo Creek next to the bridge near Road 20. The total pipe length would be approximately 570 feet. Trenches would be excavated up to nine feet in depth for the new storm drain pipes, and excavations for new storm drain manholes would be up to ten feet deep. The 24-inch diameter outfall would be installed in the bridge’s concrete abutment, or wall along the creek bank. The existing storm drain pipe would be capped and abandoned in place under Randy Lane and the private properties. The existing outfall to the creek, which is upstream of the bridge, would be abandoned in place. The work period is anticipated to occur before the winter months when flow is low in San Pablo Creek.
As part of the project, a CEQA Initial Study / Mitigated Negative Declaration (IS/MND) was required. The IS/MND identifies the potential environmental impacts of the proposed project and determines whether the project may have a significant effect on the environment and if so, what mitigation measures would be needed to avoid significant effects. The IS/MND was prepared pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines (14 California Code of Regulations 1500 et seq.), which requires that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before acting on those projects. See attached IS/MND report for the project.
This Initial Study (IS) has determined that the proposed project would result in potentially significant impacts on the following resources: biological, cultural, hazardous materials, noise, tribal cultural, utilities and mandatory findings of significance. The Initial Study explains that although the project could have a significant effect on the environment, revisions in the project have been made by or agreed to by the project proponent, and thus those impacts would be mitigated. A Mitigated Negative Declaration (MND) has been prepared as part of the report. It includes mitigation measures that would avoid or minimize potentially significant impacts to less than significant levels. To ensure mitigation measures are properly implemented, a Mitigation Monitoring and Reporting Program has been prepared and will be enforced during construction.
The 30-day public review period for the IS/MND began on May 10, 2017 and ended on June 9, 2017 for interested individuals and public agencies to submit written comments on the document. No comments were received during the review process. Once the City of San Pablo Council adopts the IS/MND, a Notice of Determination (NOD) will be filed with the Contra Costa County Clerk’s Office. A NOD is needed for permit processing.
Once the IS/MND is adopted, the City will send a notification package to California Department of Fish & Wildlife (F&W) for a Section 1602 permit. This permit is required by F&W to determine whether there will be a streambed alteration created by the discharge flowing from the new outfall into the concrete culvert. Concurrently, the City has submitted a Section 408 permit application to the Army Corp of Engineers’ (USACE Readiness Branch) through the Contra Costa Flood Control District (FCD). The Section 408 permit authorizes the Secretary of the Army to grant the alteration of USACE properties, such as the concrete culvert under San Pablo Creek bridge, through which the project’s new outfall is to be constructed. FCD manages the operations of the flood control channel while the USACE regulates it. Further coordination is being conducted to verify whether Sections 404/401 permits are needed. Such permits would be needed if a temporary structure, such as a dewatering weir, was to be constructed within the creek channel. The City plans to build the outfall portion of the project only when the concrete channel is dry. If construction is necessary when the culvert is not dry, a catchment device will be placed to collect all sediment and keep debris out of the creek. A Section 402 permit is needed if additional stormwater discharge is to be added into the creek. Since the project is only diverting the same amount of stormwater from one portion of the creek to another, this permit will not be necessary. All permits need to be acquired prior to advertising the project for bids. Completion of all permit review is anticipated by August 2017. Construction is expected to begin in September, 2017 which is before October 15, or the beginning of the USCE’s rainy reason.
FISCAL IMPACT
The project funds currently cover the design and permitting costs. It is anticipated additional funding will be needed to cover unanticipated mitigation requirements as well as construction expenses.
The City’s current contract with Water Works Engineers in the amount of $119,880 includes the task related to the CEQA process, which was done by North State Resources, Inc., WWE’s environmental sub-consultant. The contract is funded through the FY 2016/17 Capital Improvement Program Randy Lane Drainage Improvement project budget (320-3200-43600-RLN-DRN). At this time there is no fiscal impact in adopting an Initial Study with a Mitigated Negative Declaration.
ATTACHMENT
Randy Lane Drainage Improvement Project Initial Study / Mitigated Negative Declaration Report prepared for City of San Pablo Public Works / Engineering Department, by North State Resources, Inc., May 2017.