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).
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-.,-.,_~; Page 96 of 107
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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.
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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
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Mitigation Monitoring and Reporting Program '
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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
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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
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' '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
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Santa Monica Pier Emergency Gangway And Phase 4 Structural Upgrade IS/MND
August 2011
Page 101 of ]07
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' $ANTAMONICA PIER EMERGENCY GANGWAY AND PHASE4 STRUCTURAL' UPGRADE-INr
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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.
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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