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HomeMy WebLinkAboutReso - CC - 047-2005RESOLUTION NO. 47-2005 APPROVING MITIGATED NEGATIVE DECLARATION FOR EASTON CREEK SEWER TO J. HOWARD ENGINEERING CITY PROJECT NO. 81150 WHEREAS, the sanitary sewer system in the Easton Creek area is in need of rehabilitation in order to ensure that the system operates in a safe and healthful manner; and WHEREAS, an initial study of the proposed rehabilitation project determined that the project could potentially cause significant environmental impacts on the biological resources of Easton Creek if mitigation was not undertaken; and WHEREAS, the City was committed to mitigating these potential impacts in the design and conduct of the project; and WHEREAS, the City retained an independent consultant to prepare a mitigated negative declaration to ensure that specific mitigation measures were formulated to address these potential impacts; and WHEREAS, a mitigated negative declaration has been prepared with such measures as required by law, and those measures have been incorporated into the project and project specifications; and WHEREAS, notice of the preparation of the negative declaration has been given as required by law: and WHEREAS, the City Council has authorized an invitation for bids for the - CITY PROJECT 81150 - CONTRACT FOR EASTON CREEK SEWER REHABILITATION WHEREAS, on MAY 31, 2005, all bids were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, J. HOWARD ENGINEERING, submitted the lowest responsible bid for the job in the amount of $1,455,184.00; and WHEREAS, on June 20, 2005, a public hearing was held by the City Council at which time all interested persons could submit such testimony on the negative declaration and project as they wished; and WHEREAS, the City Council has considered the negative declaration in authorizing the project to proceed, and the negative declaration reflect's the City's independent judgment and analysis; and WHEREAS, there is no evidence that the mitigation measures identified by and imposed pursuant to the Mitigated Negative Declaration will reduce any potential, significant environmental impacts from the project to less than significant and that the project as mitigated will have a significant adverse environmental impact, NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, as follows: 1. The Mitigated Negative Declaration prepared for the Easton Creek Rehabilitation Project is approved. 2. The mitigation monitoring plan attached to this Resolution is approved and adopted. 3. The bid of J. HOWARD ENGINEERING, for the Easton Creek Rehabilitation Project in the amount of $1,455,184.00 is hereby accepted; and 4. The City Manager is hereby authorized and directed to execute an agreement on behalf of the City of Burlingame for and on behalf of the City of Burlingame with J. Howard Engineering for the Project. a -e ayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 20th day of JUNE , 2005, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, AND OWAHONY NOES: COUNCILMEMBERS: ABSENT: COLTNCILMEMEERS: NAGEL ty C rk s:�apablicworksdirlprojects\resolutimn ud MITIGATION MEASURES MANUAL EASTON CREEK SEWER REHABILITATION PROJECT City Project No. 81150 Biological Resources 1. that the contractor shall have a preconstruction survey conducted fifteen days before construction begins to confirm the absence of any fish or amphibian special of concern in any areas of remaining ponded water along Easton Creek. The survey shall be conducted by a United States Fish and Wildlife Services (USFWS) approved qualified biologist to ensure the absence of special -status species such as steelhead or the California red -legged frog. Additional conditions pertaining to the preconstruction survey may be required by the California Department of Fish and Game (CDFG) as part of their Streambed Alternation Agreement. The biologist qualifications and final preconstruction survey shall be reviewed and approved by the City Planner and Project Engineer before commencing construction; (Contractor with review by Planning, Public Works) 2. that any dewatering required to accomplish the proposed improvements shall be supervised by a USFWS approved and qualified biologist. In the remote instance that listed California red -legged frog or steelhead individuals or any other species on the rare and endangered species list are encountered, a USFWS approved biologist shall be retained to relocate individuals to a secure location outside the construction affected segment of the creek channel. Additional conditions pertaining to the preconstruction survey may be required by the California Department of Fish and Game (CDFG) as part of their Streambed Alternation Agreement; (Contractor with review by Planning, Public Works) 3. that removal of woody vegetation shall be minimized and all native trees shall be avoided. All native tree trunks within twenty (20) feet of construction activities shall be flagged in the field by a qualified biologist/arborist prior to initiation of any construction within the Easton Creek corridor. The flagged trees shall be approved in the field by the City Arborist prior to commencing construction activities. Construction personnel shall be instructed that all disturbances (hand or equipment excavation, pruning, equipment storage, etc.) shall be avoided within the tree drip line. No cutting of tree roots over 2" will be allowed with out the review of the project biologist who will submit a written report to the City Arborist; (Contractor with review by the City Arborist) 4. that Storm water Pollution Prevention Plan shall be prepared by a qualified engineer utilizing Best Management Practices addressing all water -quality, sedimentation, and erosion aspects of the proposed project. Approved protections shall be installed before any construction activities begin in the area. Review and approval of the plan shall be by the Chief Building Official and City Engineer; (Contractor with review by the Building Department and Public Works) 5. that the proposed project shall minimize disturbance to the bed or bank of Easton Creek, with all in -channel activities preformed by hand. Any disturbed channel bank or bed shall be restored to existing conditions as approved and certified by the project biologist. As necessary, in -channel activities shall be authorized by possible regulatory agencies, including the CDFG, US Army Corps, and Regional Water Quality Control Board (RWQCB), and all conditions required as part of any required agency authorization shall be implemented and adhered to as part of the project. This effort shall be reviewed during construction and approved by the City Engineer and qualified biologist hired by the Contractor as identified in items # land #2 above; (Contractor with review by the Public Works Department) 6. that construction activities within the creek channel shall be conducted during the dry summer season from April to October, avoiding adverse impacts on sensitive aquatic habitat. Heavy equipment shall be prohibited within the creek channel, and removal of mature trees and woody vegetation shall be avoided and only take place with the agreement of the project biologist as approved by the City Arborist; (Contractor with review by Public Works and City Arborist) 7. that construction hours shall be limited to city standards as specified in the Burlingame Municipal Code for all residential areas; and (Contractor with review by Public Works) 8. that the site shall be periodically sprayed as required by the City Engineer with water to control dust during any grading or major construction activities. Additional dust control shall be done in response to complaints from nearby neighbors. (Contractor with review by Public Works) Wfiles\environemental and CEQA\Easton Creek sewer\mitigation measures manual 6-20-05.doc -2-