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R-10236RESOLUTION NO. 102~~, (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PALISADES BLUFF IMPROVEMENT PROJECT WHEREAS, a Notice of Intent to Adopt an Initial Study and Proposed Mitigated Negative Declaration for improvement of the Palisades Bluff was published in the Santa Monica Daily Press on February 5, 2007, in compliance with the California Environmental Quality Act (CEQA) and the City of Santa Monica CEQA Guidelines; and WHEREAS, the Initial Study and Proposed Draft Negative Declaration were made available for public comment for 30 days, beginning on February 5, 2007, and ending on March 7, 2007; and WHEREAS, On August 14, 2007, the City Council, as Lead City Agency, reviewed the Initial Study .and Proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Initial Study for the Palisades Bluff Improvement Project identified potentially significant impacts, with respect to geology and soils, construction effects, biological resources, hydrology and water quality, cultural resources, aesthetics and. neighborhood effects and that these impacts would be reduced to less than significant levels with the incorporation of mitigation measures imposed on the project. 1 SECTION 2. The City Council has reviewed and considered the Initial Study and Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program, together with any comments received during the public review process, prior to acting on the project. SECTION 3. The City Council finds, based on the whole record before it, including the Initial Study and Mitigated Negative Declaration, and any comments received, that with incorporation of the proposed mitigation measures there is no substantial evidence that the project will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis. Therefore, the City Council hereby approves the Mitigated Negative Declaration. SECTION 4. Consistent with Public Resources Code Section 21081.6 (a) (1), the City Council adopts the Mitigation Monitoring and Reporting Program, which is included as Attachment A, to mitigate or avoid significant effects of the project. on the environment and ensure compliance during project implementation. SECTION 5. Consistent with Public Resources Code Section 21081.6 (a) (2), the documents which constitute the record of proceedings for approving this project are located in the Environmental & Public Works Management Department, Civil Engineering and Architecture Division, 1437 4th Street, Suite 300, Santa Monica, California. The custodian of these records is Spiros Lazaris, Civil Engineer. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. AS TO FORM: 2 Mitigation Monitoring and Reporting Program Santa Monica Palisades Sluffs Improvement Project IS/MND Prepared for: City of Santa Monica EPWM Civil Engineeringand Architecture Department 1918 Main Street, Suite 300 Santa Monica, CA 90405 Prepared by: Rincon Consultants, Inc. 790 East Santa Clara Street Ventura, California 93001 July 2007 Santa Monica Palisades Bluffs Improvement Project IS/MND Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Santa Monica Palisades Bluffs Improvement Project proposed in the City of Saz1ta Monica, California. Public Resources Code Section 21081.6(a) requires that a Lead Agency adopt an MMRP prior to approving a project in order to mitigate or avoid significant impacts that have been identified in an Intial Study/Mitigated Negative Declaration. The purpose of the MMRP is to ensure that the required mitigation measures identified in the Initial Study/Mitigated Negative Declaration are implemented as part of the overall project implementation. In addition to ensuring implementation of mitigation measures, the MMRP provides feedback to agency staff and decision-makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. The following table summarizes the mitigation measures for each issue area identified in the Initial Study/Mitigated Negative Declaration for the Santa Motuca Palisades Bluffs Improvement Project. The table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring frequency; and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification. These columns would be filled out by the monitoring agency or party and would document monitoring compliance. Where an impact was identified to be less than significant, no mitigation measures were required. This MMRP will be used by City staff or the City's consultant to determine compliance with permit conditions. Violations of these conditions may cause the City to revoke the operating permit. City of Santa Monica 2 Santa Monica Palisades Bluffs Improvement Project IS/MND Mitigation Monitoring and Reporting Program Mitigation Measure/Condition of Approval Action Required When Monitoring Monitoring Responsible Compliance Verification to Occur Frequency Agency or Party Initial Date Comments AESTHETICS AES-1 Vegetated Covering of Groutcrete. Areas of Installation of vegetation After groutcrete Periodically Landscape large groutcrete implementation shall be revegetated covering, and verification application. after Architect with native hydroseed, or covered with a native by landscape architect that groutcrete approved by vegetation mat or blanket. The vegetated covering shall vegetation covering application, Santa Monica use native species matching the existing bluff habitat obscures difference and upon EPWM, Civil including but not limited to: Atriplex spp. [spp, means between treated and project Engineering and. several species], Saltbushes; Calysfegia cyclostegi, untreated areas. completion. Architecture Morning Glory; Calysfegia macrostegia; Castille/a affinis, Indian Paintbrush; Chorizanthe orcuttiana, Spineflower; Coreopsis gigantean, Giant Coreopsis; Coreopsis maritime, Sea-Dahlia; Dudleya spp.; Encelia californica, California; Erigeron glaucus, Seaside Daisy; Eriophyllum staechadifolium, Wooly Sunflower; Haploppappus spp, Goldenbush; Malacotrhix saxati/is; Marah macrocarpus, Wild Cucumber; Opuntia littoralis, Cholla; and Rhus integrifolia, Lemonadeberry. The revegetation shall be used to soften and blend the treated areas with the surrounding natural areas to ensure that a viewer from Pacific Coast Highway or the California Incline would not be able to discern the difference between the treated and natural areas and shall be subject to the review and approval of a licensed landcape architect. This treatment process shall first only be undertaken in areas that are not visible from Pacific Coast Highway or the California Incline and shall only be undertaken in other areas if the initial treatment rocess is successful. BIOLOG ICAL RESOURCES BIO-1 Nesting Season Survey. If the construction of Survey for active nests Within one week Once prior to Santa Monica the proposed bluff improvements are to occur during the within 250 feet of proposed prior to any project EPWM, Civil nesting season (March 1 through September 15), a improvements. construction activity Engineering and search for active nests shall be conducted within one occurring during occurring Architecture week prior to construction by a qualified biologist. If March 1- during nesting active nests are located within 250 feet of the proposed September 15. season. improvements and are potentially sensitive, then construction work should be delayed in that area until after the nesting season or until the young are no longer de endent u on the nest site. City of Santa Monica 3 Santa Monica Palisades Bluffs Improvement Project IS/MND Mitigation Monitoring and Reporting Program Mitigation MeasurelCondition of Approval Action Required When Monitoring Monitoring Responsible Compliance Verification to Occur Frequency Agency or Party Initial Date Comments CONSTRUCTION EFFECTS CON-1 Construction Traffic Management Plan. In Review and approval of Prior to issuance of Once prior to Santa Monica consultation with Caltrans, the City shall prepare and construction traffic permits. issuance of EPWM Building implement a Construction Traffic Management Plan to management plan. permits. and Safety provide for traffic management during bluff improvement Division activities. The TMP shall focus on informing the motoring public and affected parties of construction Periodically activities and dates. This plan shall be subject to review Field verification during During during and approval by the City and, at a minimum, shall construction. construction. construction. include the following: • A public information program to advise motorists of impending construction activities (e.g., mailed notices to properties in the surrounding area, portable message signs, and information signs at the construction site); • Approval from the City for any construction detours or construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g., haul routes); • Timely notification of construction schedules to all affected agencies (e.g., Police Department, Fire Department, Department of Environmental and Public Works Management, and Department of Planning and Community Development); • Coordination of construction work with affected agencies five to ten days prior.to start of work; • A traffic control plan for the streets surrounding the work area, including specific information regarding the project's construction and activities that will disrupt normal traffic Flow; • Avoiding dirt and demolition material hauling and construction material delivery durin the mornin and afternoon eak City of Santa Monica 4 Santa Monica Palisades Bluffs Improvement Project IS/MND Mitigation Monitoring and Reporting Program Mitigation Measure/Condition of Approval Action Required When Monitoring Monitoring Responsible Compliance Verification to Occur Frequency Agency or party Initial Date Comments traffic periods and cleaning of streets and equipment as necessary; • Scheduling and expediting of work to minimize disruption of and interference with the adjacent vehicular and pedestrian traffic Flow. Weekday daytime work on City streets shall primarily be pertormed between the hours of 9:00 AM and 3:00 PM; • Limiting of queuing of trucks to onsite to the extent feasible; • Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffc through work areas; • Storage of construction material and equipment within the designated staging area and limitation of equipment and material visibility to the public; • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica; and • The City of Santa Monica shall coordinate construction activity associated with the Bluffs project with activities associated with the California Incline Replacement Project. In particular, improvements associated with the Bluffs Improvement project shall be completed prior to the commencement of construction activities associated with the California Incline. CULTURAL RESOURCES CR-1 Stop Work Order. If cultural resource remains Review and approval of If cultural Once for Santa Monica or paleontological resources are encountered during cultural resource resources are review of the EPWM, Civil construction or land modification activities, the assessment and, if encountered cultural Engineering and City of Santa Monica 5 Santa Monica Palisades Bluffs Improvement Project IS/MND Mitigation Monitoring and Reporting Program Mitigation MeasurelCondition of Approval Action Required When Monitoring Monitoring Responsible Compliance Verification to Occur Frequency Agency or Party Initial Date Comments applicable procedures established under CEQA shall be necessary, verification of during grading or resources Architecture. followed. In this event, work shall stop, and the City compliance with any construction. assessment shall be notified at once to assess the nature, extent, remediation plan. and, if and potential signifcance of any cultural or necessary, paleontological resources. If such resources are periodically determined to be significant, appropriate actions to during mitigate impacts to the resources shall be implemented. remediation. Depending upon the nature of the find, mitigation could involve avoidance, documentation, or other appropriate actions to be determined by a qualified archaeologist. CR-2 Procedures for Discovery of Human Verifcation that procedures In the event that If necessary, Santa Monica Remains. If human remains are unearthed, State in Section 7050.5 of the human remains periodically EPWM, Civil Health and Safety Code Section 7050.5 requires that no California Health and are discovered during Engineering and further disturbance shall occur until the County Coroner Safety Code are followed. during grading or construction. Architecture has made the necessary fndings as to origin and construction. disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely Descendent (MLD) of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. HAZARDS AND HAZARDOUS MATERIALS HAZ-1 Aerially Deposited Lead (ADL)Soil Sampling and analysisof Prior to issuance Once prior to Santa Monica Sampling. Prior to issuance of permits for the proposed suspected soil. of permits. issuance of EPWM, Civil Bluff improvements, a Preliminary Site Investigation Determination of proper permits. Engineering and shall be performed in compliance with Caltrans ADL handling and disposal of Architecture Testing Guidance (March 16, 2001). The Preliminary contaminated soil if found. Site Investigation shall include soil borings in the locations of future Bluff improvement borings to a minimum depth of 2.5 feet below ground surface (bgs) using hand auger sampling methods. All soil samples from the ADL investigation shall be analyzed for the presence of total lead following EPA Test Method 6010. The regulatory criteria for determining whether soils are to be classified as "hazardous waste' for materials handling and disposal purposes based on metal content City of Santa Monica 6 Santa Monica Palisades Bluffs Improvement Project ISlMND Mitigation Monitoring and Reporting Program Mitigation Measure/Condition of Approval Action Required When Monitoring Monitoring Responsible Compliance Verification to Occur Frequency Agency or Party Initial Date Comments are contained in the California Code of Regulations Title 22, Section 66261.24. The Total Threshold Limit Concentration (TTLC) for ADL is 1,000 milligrams per kilogram (mg/kg) and the Soluble Threshold Limit Concentration (STCL) for lead is 5.0 milligrams per liter (mg/q. In the event that ADL is discovered in excess of TTLC or STLC, the soil shall be excavated, put into 55- gallon drums, and transported to a licensed landfill for proper disposal. In addition: • Handling of materials containing ADL shall result in no visible dust migration. The contractor shall have a means of dust control available at all times while handling material in work areas containing ADL. • Project construction activities shall be conducted in compliance with Caltrans Guidelines associated with aerially deposited lead. This requirement shall be included in construction contracts. HAZ-2 Construction Monitoring. During the drilling Qualified environmental During bore hole Ongoing. Santa Monica of the boreholes into the Bluffs as a part of the proposed scientists shall be onsite to drilling. Civil Bluffs improvement project (to the west of the four monitor and sample soil Engineering and former gasoline service stations) a 40-hour Hazwoper- during bore hole drilling. Architecture trained environmental scientist shall be onsite to monitor the soil for hydrocarbons and volatile organic compounds (VOCs). These contaminants may be present in the soil or groundwater from an undocumented release from one of the four former gasoline service stations. The environmental scientist shall examine the excavated soil that is coming out of the boring for visual and olfactory indications of contamination. In addition, the scientist shall use a photoionization detector (PID) to measure VOC concentrations within the worker breathing zone and in _ the excavated soil to screen for contamination. If contaminants are suspected, soil samples shall be obtained and analyzed to determine whether there are contaminants, and if present, to determine the type and City of Santa Monica 7 Santa Monica Palisades Bluffs Improvement Project IS/MND Mitigation Monitoring and Reporting Program Mitigation MeasurelCondition of Approval Action Required When Monitoring Monitoring Responsible Compliance Verification to Occur Frequency Agency or Party Initial Date Comments concentrations of contaminants. The sampling results are to be used to make a determination as to where to transport the material for offsite disposal, or to determine if the soils can be used onsite. If contaminants are detected, the results of the soil sampling shall be forwarded to the local regulatory agency (City of Santa Monica Environmental Program Division. The agency shall review the data and determine if any additional investigation or remedial activities are deemed necessary. HAZ-3 Procedure for Suspected Contaminants. If Sampling and analysis of In the event that If necessary Santa Monica contamination is identified in the water that is to be suspected groundwater draining periodically EPWM, Civil discharged from the Bluffs slope that will be collected discharge, if necessary. groundwater is during Engineering and through the proposed drainage system, it shall be discolored, construction. Architecture treated prior to discharging to the storm drain system. odgrous or Please note that any discharge to the storm drain suspected of system requires and NPDES permit issued by the contamination. Regional Water Quality Control Board. Treatment options include the use of granulated activated carbon. The water being discharged from the slope would be piped into the carbon units. The system would be gravity fed to allow the water to flow through the canisters for treatment of organic chemicals. Periodic monitoring and maintenance of the carbon filtration system would be needed in accordance with an NPDES permitthat would need to be obtained from the Regional Water Quality Control Board. NOISE N 1 Diesel Equipment Mufflers. All diesel Field verification of During Periodically Santa Monica equipment shall be operated with closed engine doors compliance. construction. during EPWM, Civil and shall be equipped with factory recommended construction. Engineering and mufflers. Architecture N 2 Electrically-Powered Tools. Electrical power Field verification of During Periodically Santa Monica shall be used to run air compressors and similar power compliance. ~ construction. during EPWM, Civil tools. construction. Engineering and Architecture City of Santa Monica 8 Santa Monica Palisades Bluffs Improvement Project IS/MND Mitigation Monitoring and Reporting Program Mitigation Measure/Condition of Approval Action Required When Monitoring Monitoring Responsible Compliance Verification to Occur ~ Frequency Agency or Party Initial Date Comments N 3 Timing Restrictions. The noisiest phases of Field verification of During Periodically Santa Monica construction shall be restricted to between the hours of compliance. construction. during EPWM, Civil 10:00 AM and 3:00 PM, Monday through Friday, in construction. Engineering and accordance with Section 4.12.110(d) of the Santa Architecture Monica Municipal Code. N-4 Additional Noise Attenuation Techniques. Field verification of During Periodically Santa Monica For all noise generating construction activity on the compliance. construction, during EPWM, Civil project site, additional noise attenuation techniques shall construction. Engineering and , be employed to reduce noise levels to City of Santa Architecture Monica noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. N-5 Construction Sign Posting. In accordance Field verifcation of During Periodically Santa Monica with Santa Monica Municipal Code Section 4.12.120, the compliance. construction, during EPWM, Civil project applicant shall be required to post a sign construction. Engineering and informing all workers and subcontractors of the time Architecture restrictions for construction activities. The sign shall also include the City telephone numbers where violations can be reported and complaints associated with construction noise can be submitted. City of Santa Monica 9 Adopted and approved this 14th day of August, 2007. ~ Richard Bloom, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 1023;~(CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of August, 2007, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver Mayor Bloom, Mayor Pro Tem Katz Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ~~ Maria Stewart, Ci Clerk