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r-10601City Council Meeting: August 23, 2011 Santa Monica, California RESOLUTION NUMBER 10601 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA .ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE PIER GANGWAY AND PHASE 4 STRUCTURAL UPGRADE PROJECT WHEREAS, a Notice of Intent to Adopt an Initial Study and Mitigated Negative Declaration for the Pier Gangway and Phase 4 Structural Upgrade Project was published in the Santa Monica Daily Press on June 17, 2011, in compliance with the California Environmental Quality Act (CEQA) and the City of Santa Monica CEQA Guidelines; and WHEREAS, the Initial Study and Mitigated Negative Declaration was made available for public comment for 30-days, beginning on June 17th and ending on July 18th, 2011; and WHEREAS, on August 23, 2011, the City Council, as Lead Agency, reviewed the initial study and proposed Mitigated Negative Declaration and Mitigation Monitoring Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Initial Study identified potentially significant impacts, with respect to Aesthetics, Biological Resources, Construction Effects, Cultural Resources, Hazards & Hazardous Materials, Land Use/Planning, Noise, and Transportation/Traffic, and that these impacts would be reduced to less than significant levels with the incorporation of mitigation measures imposed on the project. SECTION 2. The City Council has reviewed and considered the Initial Study and Mitigated Negative Declaration, and the Mitigation Monitoring Plan, 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 adopts the Mitigated Negative Declaration. SECTION 4. Consistent with Public Resources Code Section 21081.6 (a) (1), the City Council adopts the Mitigation Monitoring Program, which is included as Exhibit A, to .mitigate or avoid significant effects of the project on the environment and ensure compliance during project implementation. 2 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 Public Works Department, Civil Engineering Division 1437 4th St. Suite 300, Santa Monica, California. The custodian of these records is Eric Bailey, Civil Engineer in the Civil Engineering Division of the Public Works Department. 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. APPROVED AS TO FORM: Exhibit A -Mitigation Monitoring and Reporting Program for the Pier Gangway and Phase 4 Structural Upgrade Project. 3 SANTA MONIGA PIER EMERGENCY GANGWAY AND PHASE 4 STRUCTURAL UPGRADE INITIAL STUDY/MND MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Santa Monica Pier Emergency Gangway and Phase 4 Structural Upgrade Project in compliance with Section 21081.6 of the Public Resources Code and Section 15097 of the CEQA Guidelines, which is required for all projects where an Environmental Impact Report or Mitigated Negative Declaration [MND) has been prepared. Section 21081.6 of the Public Resources Code sates: " ...the [lead] agency shall adopt a reporting or monitoring program from the changes made to the projector conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment...[and the program] shall be designed to ensure compliance during project implementation". The primary purpose of this MMRP is to ensure that the mitigation measures identified in the MND are implemented, thereby minimizing identified environmental effects. The City of Santa Monica is the Lead Agency for the proposed project. The MMRP for the proposed project will bq in place through all phases of project implementation. The Public Works Department shall be responsible for administering the MMRP activities to its staff, other City departments (e.g., Planning and Community Development Department), consultants, and/or contractors. The Public Works Department a will also ensure that mitigation monitoring is documented through reports and that "^~ deficiencies are promptly corrected. The designated environmental monitor (e.g., City building inspector, project contractor, certified professionals, etc., depending on the provisions specified below) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. The MMRP lists mitigation measures according to the same numbering system contained in the MND sections. Each mitigation measure is categorized by topic, with an accompanying ^ discussion of the following: ._ • The monitoring phase of the project during which the mitigation measure should be ® monitored (i.e., Operation, Construction, or Prior to Construction Activities); °- The monitoring frequency of the mitigation measures (i.e., during periodic field inspection); and • The enforcement agency (i.e., the agency with .the authority to enforce the mitigation measure). _._. _-_.__ o® -... -- _-__ _-.Santa Monica. Pier Emergency Gangway And Phase 4 Structural Upgrade 1S/MND --- ..:~ - -__._-- __- ---. ..-_ __,.: August 2011 -.,-.,_~; Page 96 of 107 a Z w O K U' z U N 0 Z Q Q z C7 U w w Q U Z Z Q N 3 ~ c v .~ ~ '~¢ C .. °~~ C ~ N 'W O~~ _~ ~: ~ -~-•C ~... °~ U ~ C D` L U •~- ~ i- ` C ~ C u. -~ O Q E ~,_ l:. c ~ o°a~ O rn N.. 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C<~ ', SANTA MONICA PIER EMERGENCY GANGWAY AND PHASE 4 STRUCTURAL UPGRADE.INITIAL STUDY/MND Mitigation Monitoring and Reporting Program ~,) ( Iii 1' I L,, ~~ ~ ~ ~ i' ~ ~,~ ~- ~, f i , ~ , t i ~i ~ ' ~ z ~ ~ , ~i , ~ ~ i, ~i~ ~ + r~~ i ~, ,~ i i ~ i ~; ~ I„ ~~~ i„ ~~, i I~. a, ~~ ~ t, ~ ~ I ~ Monitoring ~ Monitoring ~ , Enforcement Mltigationf~easure ~I , ., , ~ ~ I '. ~ ~ I ~ ` I i , '; -II- i Phase I- ~ J Frequency, ' Agency _.. . „ , , ,.. ,1 IV-1 Temporary #restle removal (or any beach-disturbing''activity) Prior to removal of As necessary Santa Monica shall be' scheduled d'utside of the grunion spawning season temporary Trestle at prior to trestle Public Works (March to August). close of Pier removal. Department construction activities. IV-2 If construction of the Pier structural upgrades overlaps the Prior to beach- As necessary Santa Monica grunion. spawning season, grunion monitoring shall be disturbing activities prior to site Public Works conducted prior to qny beach-disturbing activity occurring throughout disturbance Department during a predicted grunion run (refer to the California construction. when a grunion and/or CDFG Department of Fish and Game [CDFG] website for predicted run is predicted' spawning events, as spawning events occur bi-weekly). The by CDFG. monitoring shall be conducted by City staff or a qualified consultant, as deemed appropriate by CDFG. If grunion are observed by the monitor during the CDFG-predicted 'run period, the extent and location of the run shall be quantified using the Walker Scale (i.e., the scale of spawning intensity ranging from WO to W5, from least intense to most intense) and CDFG shall be notified regarding potential action, If the observed grunion spawning event is considered a significant run by CDFG (i.e., W4 or higher on the Walker Scale, or several thousand or more fish on a large portion of the beach), as determined by CDFG staff, construction activities occurring on the affected portion of the beach shall cease for the remainder of the two-week spawning cycle. If no grunion are observed, it is assumed that construction can proceed. ®® Santa Monica Pier Emergency Gangway And Phase 4 Structural Upgrade IS/MND August 2011 Page 98 of 707 SANTA PIER EMERGENCY GANGWAY AND PHASE 4 STRUCTURAL UPGRADE INITIAL D Mitigation Monitoring and Reporting Program ' ~t r ~ I i _ ~ i i l ~ ~ ~ ~ ~ I r , I ~ '' ~ ~ ' ~ ~ ~ j ~' j ~ i~ ~ ~ , '~ I . ~ I Monitoring, ~Monttoringi i Enforcement , { ~ "i' ~' ~ ~ Mitigatlrin!IiAeasure~ a; ~ ;Nhase guency~ ~'~ I Pre ~ A~en~y , , , VI-I The project shall conform to the Secretary, of the Interior's Prior to Construction As necessary Santa Monica Standards by providing appropriate preservation treatments Activities prior to Public Works of retained historic building fabric and features .(historic construction. Department fabricj, historically compatible new design and construction components, compatible in-kind replacement of removed ' historic features.. The project applicant shall engage a qualified historic preservation consultant, to review the proposed project. A qualified architectural historian, historic architect, or historic preservation professional is someone who satisfies the Secretary of the Interior's Professional Qualification Standards for History, Architectural History, or Architecture, pursuant to 36 CFR 61, and has at least 10 years experience in reviewing architectural plans for conformance to the Secretary's Standards and Guidelines. The project applicant shall undertake and complete construction in a manner consistent -with .the preservation consultant's recommendations to ` ensure that the project meets the Secretary of the Interior's Standards for rehabilitation. The preservation consultant shall review the final construction drawings for conformance to the Secretary of the Interior's Standards and prepare a memo commenting on the final project. A project that conforms to the Secretary of the Interior's Standards is considered fully mitigated under CEQA. VI-2 If archaeological .resources are encountered during Throughout As necessary Santa Monica implementation of the project, ground-disturbing activities Construction during Public Works shall temporarily be redirected from the vicinity of the find. excavation and Department The City shall immediately notify a qualified archaeologist of ground the find. The archaeologist shall coordinate with the City as disturbance. to the immediate treatment of the find until a proper site visit o® Santa Monica Pier Emergency Gangway And Phase 4 Structural Upgrade IS/MND -~ Auqust 2011 ,,,,,,_,,, Page 99 of 107 t i.. C r. ~, is .. .., I ~,~... ~~ i SANTA MONICA PIER EMERGENCY GANGWAY AND PHASE 4 STRUCTURAL UPGRADE In' r - ~f~ Mitigation Monitoring and Reporting Program is I t ~, E ~ , i ~ I~ < < i~ i ~ ~, I . ~ ," ~ (~ ~ I' ~ ~ 1 f ~ ~ .) , ' I L ' ` ~ ~ ~ ~ ~ , ~ 4i ~ I , I , i ~ i' ~ 4 I i i , ~ i ~,' ~ ~ - , Monitorlrig ~ * Monitoring ~ ~. I Enforcement , t ~-. Mitigdtion r ,~ ,~ I _ ~ ,_ . [wleasure ;~ ., - 'yi , . ~ ~ ~ ~ f~ i ~ Phase @ ~ y i Frequen Cy „ ~ . ,pgency i and evaluation is made by the archaeologist: The archaeologist shall be allowed to make an evaluation of the j find and determinerdppropriate treatment that may include the development and implementation of a data recovery investigation or preservation in place. All cultural resources recovered will be documented on California Department of Parks'' and Recreation Site Forms to be filed with the CHRIS- SCCIC. The archaeologist shall prepare a'final report about the find to be filed with the City and the CHRIS-SCCIC. The report shall include !documentation and' interpretation of ' resources recovered:including full evaluation of the eligibility with 7espect to the National Register of Historic Places and California Register of Historical Resources and CEQA. The City shall 'designate repositories in the event that resources are 7ecovered. The archaeologist shall also determine the need for archaeological monitoring for any additional ground- distuYbing activities in'the area of the find thereafter. VI-3 If human remains are encountered unexpectedly during Throughout As necessary Santa Monica construction excavation and grading activities, State Health Construction during Public Works and Safety Code Section 7050.5 requires that no further excavation and Department disturbance shall occur until the County Coroner has made ground the necessary findings as to origin and disposition pursuant to disturbance. PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the California Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. The City shall then under Q® Santa Monica Pier Emergency Gangway And Phase 4 Structural Upgrade IS/MND Augusf 2011 ........,.. Poge 100 of 107 SANTA MONICA PIER EMERGENCY GANGWAY AND PHASE CTURAL UPGRADE INITIAL STUD Mitigation Monitoring and Reporting Program d ~. I I I ~' ~ I r e I~~ •'; ~ ~ ~ ~ ~, ~. ~ ~ I ~ ~ ,i ` ~ ~ ,~, ~ ', i ~ ~~ I~ ~ i ~`+" ~ ~ ~ ~ ~ ~ ~ '~ Monitoring i Momtorintg Enforcement ~ i ~ ~ ~ ~i ~ i i I JMltigation~Measure Cllr , `I ~. ,,~ ~ , ,, , i c '. °' I ~ Phase ~ ;`~ ~~ ~ , I FrG;quency ~ ~. ~ :r , kgency , °~, ~ ' 'i take additional steps ds necessary in accordance with CEQA I ' Guidelines Section 15064.5(e) and Assembly 81112641. ' IX-1 Prior to demolition dctivities; the City shall conduct surveys of Prior to Demolition Prior to Issuance Santa Monica dll buildings and Pier structural elements to verify the Activities of Demolition Public Works preseride or absence of asbestos-containing materials and Permits .Department lead-b;dsed paint, as well. as conduct remediation or abatement in accordance with all applicable regulations dnd standards before any disturbance occurs. If the timber piles and bents are` found to contain harmful levels of preservatives, the structural features shall be treated in accordance all applicable regulations, including the use of protective equipment on workers and the disposal of the affected timber in a Class I, II, or III solid waste disposal facility. XI-1 If a staging and/or stockpiling area is required on the beach Throughout As necessary Santa Monica north of the Pier structure, the area shall be located as to Construction during Public Works maintain a minimum 20-foot-wide access buffer around the Activities construction. Department perimeter of the Pier. XIV-1 Diesel Equipment Mufflers. All diesel equipment shall be Throughout As necessary Santa Monica operated with closed engine doors and shall be equipped Construction during Public Works with factory-recommended mufflers. Further, all equipment Activities construction. Department not in use shall be turned off. XIV-2 Electrically-Powered Tools. Electrical power shall be used to Throughout As necessary Santa Monica run aircompressors and similar power tools. Construction during Public Works Activities construction. Department fl® Santa Monica Pier Emergency Gangway And Phase 4 Structural Upgrade IS/MND August 2011 Page 101 of ]07 __ f i. i _ 1~ ~ _ tee ~ ';~ tom. s~ _ i~_ ' $ANTAMONICA PIER EMERGENCY GANGWAY AND PHASE4 STRUCTURAL' UPGRADE-INr ', Mitigation',Monitoring and Reporting Program ~ '~ C ~ ` i .l ~4 I' ~~ ~ ~ i' ~ I ' ;,~ ~ r i ~ ~ ~ ' ~ ' ~~ ~ ~ ~ Monfforing ~ I Momtoring ~, Enforcement ~AihtlgationMeasure I I' ~ ~ ~ ',Phase ~~ ~ .Frequency _,J , Agency ''; XIX-1' Whenever construction equipment is required to cross the Throughout As necessary Santa Monica Strand Bicycle Path, flaggers shall be located on both sides of Construction during Public Works the equipment's path to warn bicyclists of the passing Activities construction. Department equipment and ensure bicyclist safety until the equipment ', has cleared the bicycle path. Additionally, construction vehicles shall be restricted to a maximum of 75 bicycle path crossings on any given construction day. L SJ® Sanfa Monica Pier Emergency Gangway And Phase 4 Structural Upgrade IS/MND Augusf 2011 Page 102 of 107 Adopted and approved this 23`d day of August, 2011. 1 Richard Bloom, Mayor I, Maria M. Stewart; City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10601 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23rd day of August, 2011, by the following vote: Ayes: Councilmembers: Holbrook, McKeown, O'Connor, O'Day, Shriver Mayor Pro Tem Davis, Mayor Bloom Noes: Councilmembers: None Absent: Councilmembers: None ATTEST: 40. Maria M: Stewart, City CI rk