Loading...
1991/03/12 City Council Resolution (3)RESOLUTION NO. 91 -57 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL FINDING AND DETERMINING THAT THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PUMP STATION EXPANSION PROJECT IS ADEQUATE AND CERTIFYING THE REPORT AS ADEQUATE AND AUTHORIZING THE ROHNERT PARK CITY MANAGER TO FILE A NOTICE OF DETERMINATION. WHEREAS on or about March 20, 1990 the City Council did determine that a draft environmental impact report should be prepared for the proposed expansion of the wastewater pump station in the City of Rohnert Park, and WHEREAS the City authorized and directed the firm of CH2M Hill to prepare a Draft Environmental Impact Report for the Pump Station Expansion project, hereinafter referred to as the DEIR, PSEP and did give notice that the 45 day period for comment on the DEIR, PSEP would commence on December 11, 1990, and WHEREAS on January 24, 1991 the Rohnert Park Planning Commission did hold a duly noticed public hearing at which public comments were received on the DEIR, PSEP, and WHEREAS at the conclusion of the hearing, the hearing was closed and the CH2M Hill was requested to respond to all comments to which no previous and relevant response had been made, and WHEREAS the Planning Commission did consider the comments of the public at its meeting of February 12, 1991, and WHEREAS after considering the DEIR, PSEP, the written comments made thereto together with the responses to the comments, the oral comments made at the public hearing on January 24, 1991 and the responses to those comments, the Planning Commission did recommend that the DEIR, PSEP be certified as the Final Environmental impact Report, Pump Station Expansion Project, hereinafter referred to as the DEIR, PSEP and that the City Council make the necessary findings to so certify the DEIR, PSEP, and WHEREAS on February 28, 1990 the Planning Commission did adopt Resolution No. 91 -06 making the recommendations set forth above, and WHEREAS the City Council did consider the DEIR, PSEP at a duly noticed public hearing on March 12, 1991, and WHEREAS the City Council did consider the DEIR, PSEP, the public comments and the responses to the public comments, the oral comments and statements made at the public hearing and after having considered all of the foregoing, finds and determines: I The Project The project consists of the expansion of the pumping capacity of the existing wastewater pump station located at 5661 Redwood Drive, Rohnert Park. The existing pump system consists of 4 pumps which receive sewage and pump it to a diversion structure which distributes it to storage ponds. The components of the pump system are shown on table 3 and on figure 4 at sheets 2 -4 and 2 -5 of the DEIR, PSEP. The proposed expansion would increase the pumping capacity of the pumping station from 13.0 million gallons per day (mgd) to 25 mgd. The proposal is to add a new energy efficient pump station west of and near the existing pump station. Four (4) pumps would be installed in phases as follows: Add three 3 mgd pumps for a 9 mgd capacity in 1991. Add one 3 mgd pump in the future based on monitoring actual flow increases. Other additions and alternatives in the existing pump system are set forth at sheets S -1 and S - -2 of the DEIR, PSEP. In addition to the expansion of the pumping facilities, the project consists of rerouting and enlarging the existing influent pipeline to the new pump station wet well, constructing an overflow intertie pipeline between the new pump station wet well and the existing pump station wet well, modification of the existing pipeline by sliplining or other methods, raising the levee at storage ponds 1 and 2 and the acquisition of other equipment or 2 pumping facilities to accommodate the project. The DEIR, PSEP specifically refers to all of the project components at sheets 5 -1 and 5 -2 and sheets 2 -1 to 2 -25. II Environmental Impacts of the project 1. Potential risk of avian botulism. 2. Vernal pools and rare plant populations near sliplining pits could be disturbed. 3. Potential erosion and sedimentation in creek channels. 4. Potential damage and loss of trees. 5. Geological sites may be disturbed. III Mitigation measures for Environmental Impacts of Project 1. The City Council will consider possible development of an avian botulism control plan to minimize the potential outbreak of botulism in waterfowl. Items that will be considered are removal of vegetation within ponds to minimize the attractiveness to waterfowl, netting of open water ponds and removing dead birds. 2. If interceptor sliplining is utilized, the City will also consider the location of access pits to avoid areas where rare plants or vernal pools are located. A distance of fifty (501) feet will be maintained between any possible vernal pools, watersheds or rare plant groups. Consideration will be given to the effect of erosion because of construction. An erosion control and revegetation plan will be considered. Sheets 3 -9 and 3 -10 of the DEIR, PSEP contain suggestions and guidelines for the reduction and control of erosion which the City will consider and implement whenever feasible. 3. Interceptor trenching will be limited to a 25 foot wide corridor along the right -of -way to minimize disturbance of existing vegetation. Temporary fencing of the construction area will be utilized to prevent encroachment onto sensitive areas. No encroachment upon the banks of the channel will be permitted. Areas of rare plants or vernal pools will be avoided. Efforts 3 will be made to preserve existing large trees. Any construction material within the drip line of trees will be removed. Tree replacement will be implemented wherever necessary. 4. An archeological site has been located in the interceptor corridor along the Laguna de Santa Rosa approximately 1.2 mile west of Stony Point Road, Santa Rosa. It may contain burials and intact features. The area has been subjected to previous archeological surveys. In order to prevent soil disturbance in the area two approaches to installation of the pipe will be considered. (1) As to areas that have already been disturbed and in which pipe has been installed previously, no impacts will occur. (DEIR, PSEP, page 3 -12). (2) As to the areas which would utilize interceptor sliplining, soil disturbance will be limited by locating access pits outside the site limits. In order to further mitigate the impacts of sliplining and trenching activities, the City will consider consulting an archeologist as necessary, in order to identify and protect archeological sites. If construction uncovers such material as chipped chest, obsidian tools, grinding implements such as mortars and pestles, this would serve as an indication that the services of an archeologist should be considered to allow evacuation of the site. (3) The DEIR, PSEP refers to more exact techniques of interceptor sliplining and trenching which the City and the contractor should consider in lessening the impact during construction. IV Monitoring and Reporting In accordance with Public Resources Code §21081.6 the City Council adopts the following reporting and monitoring program in order to mitigate or avoid significant effects on the environment. 1. With regard to the potential risk of avian botulism, in addition to the preparation of an Avian Botulism Control plan, the 4 City will require periodic reports showing the results of the project and how the control plan is operating. 2. In order to monitor the effects of erosion or sedimentation in creek channels which might impact vegetation, wildlife or aquatic habitat, an Erosion Control Plan will be implemented and monitored for a five year period. In connection with this plan the City will maintain liaison with the Army Corps of Engineers, the California Department of Fish & Game and the Sonoma County Water Agency. 3. With regard to trenching activities during construction, the City will monitor those activities through its construction department. If sensitive archeological areas are encountered the results of the excavation would be made available to a qualified archeologist or other soils expert so that the site may be examined early in the excavation process and a determination can be made by a person qualified to make the determination as to the effect of the excavation on any archeological remains and what additional efforts should be made to mitigate damages. In addition to a review of possible archeological sites the City's initial monitoring and reporting will include impact on trees in the right -of -way area of construction and limit well trenching wherever possible to the 25 foot wide corridor along the existing right -of -way. 'V General Findings The DEIR, PSEP has also considered the impact of the project on land use, traffic, air quality, noise, geology soils and seismistity, water quality and public services. (DEIR, PSEP, pages 4 -1 to 4 -8). The preparer of the DEIR, PSEP finds no significant impacts to these categories and the City Council adopts those findings. The proposed project is compatible with the Rohnert Park General Plan and no additional land is required for the project. The construction activities could have temporary and insignificant impacts upon traffic, air quality, noise and the other items mentioned above. No mitigation measures have been adopted other 5 than the usual measures taken with construction activities. The DEIR, PSEP analyzes the growth inducing impacts of the project at pages 5 -1 to 5 -21. The growth projections utilized were those found in the Rohnert Park General Plan, the Cotati General Plan and Projections 90 published by the Association of Bay Area Government, hereinafter referred to as "ABAG." Projections for growth in the Rohnert Park /Cotati /Sonoma State College area are found at page 5 -2 of the DEIR, PSEP and range from a total population of 45,000 in 1990 to a projected population of 60,100 in 2010. ABAG projections for population growth for the same period are somewhat greater and indicate a population of 66,500 for the same area to year 2010 (DEIR, PSEP page 5 -5). ABAG's projection of job growth in the same area total 11,420 jobs in 1990 and 31,535 jobs by 2010. As the DEIR, PSEP indicates at pages 5 -8 and 5 -9, using General Plan projections the expansion adequately serves the needs. Using the ABAG projections, the expansion would not accommodate projected growth requirements for waste water treatment. The DEIR, PSEP also addresses the growth inducing impacts of plan implementation. (DEIR, PSEP, pages 5 -14 to 5 -21). The Cities of Rohnert Park and Cotati both indicate that the General Plan does not induce development, rather it designates densities and intensities of development. The City has an obligation to provide housing and a means for those people who live in the area to find work opportunities in order to be able to support themselves. While it is true that by providing the capacity to treat additional waste water the probability is that development will use that capacity, it is also true that the City has an obligation to provide additional facilities including housing under state law. The City can, within reasonable limitations, focus on area and speed of growth within the area and the General Plan has considered those methods and has endorsed them. The Rohnert Park General Plan and the EIR approving the plan, together with the subsequent EIR's approved by the City discuss the methods of addressing problems associated with growth which are incorporated into this Resolution. 2 The City has and does recognize that it has a responsibility to expand and modernize its infrastructure and the rate the infrastructure is used has been addressed and is being implemented. The City Council has also considered alternatives to the project (DEIR, PSEP at pages 7 -1 to 7 -31) those alternatives include the following: 1. A 9 mgd expansion. 2. Enlargement of the existing pump station. 3. Construct the pump station at an alternate site. 4. No project. The impacts of the various impacts are discussed at the pages indicated. The City Council has considered the alternatives and certifies the project as proposed for the following reasons, among others: 1. If the no project alternative is selected the present system will not accommodate peak weather flows. A ten year storm is projected to result in sewage overflows in the City. The environmental damage caused by such a spill would be significant and will be aggravated by buildout of existing projects. 2. To locate the same project at another site violates environmental, economic and engineering considerations. 3. If a 9 mgd expansion were adopted, the ability of the plant to accommodate projected growth from 2000 to 2010 would not be available. There is no difference in the impact from construction of a 9 mgd expansion as opposed to a 15 mgd expansion. If a 9 mgd expansion is selected it is true that the environmental impact from the results of growth from the area served by the lower capacity plant would be less. In selecting the project as proposed for 12 mgd at the existing site, the City Council believes that sufficient capacity should be built into the system to accommodate future growth as planned and projected for a reasonable time in the future. To provide for capacity for a period less that 20 years 7 does not seem unreasonable in view of the other considerations. VI Statement of Overriding Considerations In accordance with Title 14, Section 15093 of the California Administrative Code the public agency should consider a statement setting forth specific reasons in support of its action if significant effects identified in the project are not mitigated. The City Council finds that the DEIR, PSEP contains measures which the City Council has adopted that will mitigate the impact of the project. In order to publicly set forth its position the City Council makes this further additional statement of overriding considerations. The General Plan adopted by 'the City and the DEIR, PSEP and all other EIRs recently considered by the City within the last nine months acknowledge that the size of the City as planned, projected and approved requires additional sewage disposal capacity. If it is necessary to provide the capacity to reach the requirements of projected, planned and approved municipal size the City Council does not consider such a determination irresponsible or inconsistent with previously approved projects or EIRs. 2. The City Council finds that it is prudent to have unused capacity in the system so that future projects, future emergencies, should they occur, and reasonably anticipated expansion can occur in an orderly fashion rather than on an emergency basis. Such emergency action is more costly and lacks the planning background that a well considered project provides. 3. The DEIR, PSEP finds that the present system cannot accommodate a ten year storm. To allow sewage to invade the public streets and threaten the public with sewage contamination is not responsible if the means are available to prevent it. 4. It is more reasonable to locate sewage expansion projects in areas already developed rather than locate the facilities in areas that are either undeveloped or overdeveloped. The former destroys open space and the latter unduly burdens existing urban facilities. Since Rohnert Park has not grown to its approved 8 General Plan projections, it is appropriate to consider approval of the project as proposed. 5. The City is expected to :be able to supply a certain quantity of housing each year. State law requires that each public agency provide low and moderate cost housing. ABAG requires that the housing be distributed around the bay area. The City has an obligation to be prepared to take its share of housing and to adequately provide to do so. VII Consideration After having considered the :DEIR, PSEP, the public comments thereto, the responses by CH2M Hill, the recommendations of the Planning Commission as set forth in Resolution No 91 -06 the City Council finds and determines that the DEIR, PSEP is adequate and should be approved and it is hereby is certified as the Final Environmental Impact Report Pump Station Expansion Project, hereinafter referred to as the FEIR, PSEP, and the City Manager of the City of Rohnert Park is directed to file a Notice of Determination in the office of the Sonoma County Clerk. Duly adopted this 12th day of March 1991. Dated: 7? Attest, City Ayes ( 5 ) Counci Noes ( 0 ) None Absent (0) None Abstain ( 0 ) None VIM Mayor sworth, Hopkins, Reilly, Spiro and Eck 0