RESOLUTION NO Adopted by the Sacramento City Council. July 14, 2015

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1 RESOLUTION NO Adopted by the City Council July 14, 2015 APPROVING THE PRELIMINARY PLANS AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE FOR THE VINCI AVENUE BRIDGE REPLACEMENT PROJECT (PN:T ) BACKGROUND A. On July 14, 2015 the City Council conducted a public hearing, for which notice was given pursuant City Code Section (A)(2) (a), (b), (c) received considered evidence concerning the Vinci Avenue Bridge Improvements Project. BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS: Section 1. Section 2. The Preliminary Plans for the Vinci Avenue Bridge Improvements Project are approved. The City Council finds as follows: A. The Project Initial Study identified potentially significant effects of the Project. Revisions to the Project made by or agreed to by the Project applicant before the proposed Mitigated Negative Declaration Initial Study were released for public review were determined by City s Environmental Planning Services to avoid or reduce the potentially significant effects to a less than significant level,, therefore, there was no substantial evidence that the Project as revised conditioned would have a significant effect on the environment. A Mitigated Negative Declaration (MND) for the Project was then completed, noticed circulated in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines the Local Environmental Procedures as follows: 1. On April 23, 2015, a Notice of Intent to Adopt the MND (NOI) dated April 23, 2015, was circulated for public comments for 30 days. The NOI was sent to those public agencies that have jurisdiction by law with respect to the proposed project to other interested parties agencies, including property owners within 500 feet of the Resolution July 14, 2015 Page 1 of 9

2 boundaries of the proposed project. The comments of such persons agencies were sought. 2. On April 23, 2015, the NOI was published in the Bulletin, a newspaper of general circulation, the NOI was posted in the office of the County Clerk. 3. The Initial Study was revised after public notice of its availability; however, none of the conditions requiring recirculation (CEQA Guidelines section (b)) is applicable to the project. The mitigation measures were replaced with either equal or more effective measures pursuant to Section of the CEQA Guidelines, revisions to the project do not result in new avoidable significant effects, the new information added to the Negative Declaration makes insignificant modifications. Section 3. Section 4. Section 5. Section 6. Section 7. The City Council has reviewed considered the information contained in the MND, including the Initial Study, the revisions conditions incorporated into the Project, the comments received during the public review process the hearing on the Project. The City Council has determined that the MND constitutes an adequate, accurate, objective complete review of the environmental effects of the proposed project. Based on its review of the MND on the basis of the whole record, the City Council finds that the MND reflects the City Council s independent judgment analysis that there is no substantial evidence that the Project will have a significant effect on the environment. The City Council approves the MND for the Project. Pursuant to CEQA section CEQA Guidelines section 15074, in support of its approval of the Project, the City Council adopts a Mitigation Monitoring Plan to require all reasonably feasible mitigation measures be implemented by means of Project conditions, agreements, or other measures, as set forth in the Mitigation Monitoring Plan. Upon approval of the Project, the City Manager shall file or cause to be filed a Notice of Determination with the County Clerk, if the project requires a discretionary approval from any state agency, with the State Office of Planning Research, pursuant to section 21152(a) of the Public Resources Code section of the State EIR Guidelines adopted pursuant thereto. Resolution July 14, 2015 Page 2 of 9

3 Section 8. Pursuant to Guidelines section 15091(e), the documents other materials that constitute the record of proceedings upon which the City Council has based its decision are located in may be obtained from, the Office of the City Clerk at 915 I Street,, California. The City Clerk is the custodian of records for all matters before the City Council. Table of Contents: Exhibit A - Mitigation Monitoring Plan Adopted by the City Council on July 14, 2015, by the following vote: Ayes: Noes: Abstain: Absent: Members Ashby, Guerra, Hansen, Harris, Jennings, Schenirer, Warren None None Member Carr Mayor Johnson Attest: Shirley Concolino Digitally signed by Shirley Concolino DN: cn=shirley Concolino, o=, ou=city Clerk, =sconcolino@cityofsacramento.org, c=us Date: :33:27-07'00' Shirley Concolino, City Clerk Resolution July 14, 2015 Page 3 of 9

4 Vinci Avenue Bridge Improvements Project (T ) Mitigation Monitoring Plan In January 1989, Assembly Bill 3180 went into effect requiring the City to monitor all mitigation measures applicable to this project included in the Mitigated Negative Declaration. For this project, mitigation reporting will be performed by the in accordance with the monitoring reporting program developed by the City to implement AB This Mitigation Monitoring Plan is being prepared for the Community Development Department, Environmental Planning Services, 300 Richards Boulevard, 3 rd Floor,, CA 95811, pursuant to the California Environmental Quality Guidelines, State Public Resources Code Project Name (number): Project Location: Project Description: Vinci Avenue Bridge Improvements Project (T ) The Vinci Bridge Replacement project is located in the, California. The existing bridge crosses Magpie Creek Diversion Channel approximately 0.35 mile east of the intersection of Vinci Avenue Dry Creek Road The existing Vinci Avenue bridge (Bridge #24C0224) is a two-lane, twospan, reinforced concrete-slab bridge located approximately 0.35 miles east of the intersection of Vinci Avenue Dry Creek Road. Constructed in 1970, the bridge carries Vinci Avenue over Magpie Creek diversion channel ties back into Vinci Avenue through approximately 182 feet of non-native grassl habitat east of the bridge. Improving the Vinci Avenue bridge will do the following: Increase the height of the bridge railing to meet City stards; Remove trucks from residential roads by connecting both sides of the bridge to Vinci Avenue therefore providing better access to Raley Boulevard Interstate 80; Provide pedestrian facilities by widening shoulders on Vinci Avenue. The Vinci Avenue bridge currently includes 30-inch metal beam guard rail barriers which do not meet the City stard safety recommendation of a minimum height of 42-inches. The proposed project will include installation of 42-inch concrete barriers. Additionally, since the bridge contains no shoulders, the project will also incorporate a 6-foot wide sidewalk on the south side of the bridge a 1.66-foot wide concrete strip on the north side for pedestrian maintenance purposes. Roadway improvements will also take place along Vinci Avenue. The proposed project will include the rehabilitation extension of approximately 0.40 miles of paved road will incorporate 5-foot widened shoulders.. 1 Resolution July 14, 2015 Page 4 of 9

5 CHECKLIST FOR THE VINCI AVENUE BRIDGE IMPROVEMENTS PROJECT (T ) / AIR QUALITY AQ-1: Route schedule construction traffic to avoid peak travel times as much as possible to reduce congestion related air quality impacts caused by idling vehicles along local roads. AQ-2: Metropolitan Air Quality Management District s Rule Fugitive Dust would be followed. The general requirements of Rule 403 are: 301 Limitations: A person shall take every reasonable precaution not to cause or allow the emissions of fugitive dust from being airborne beyond the property line from which the emission originates, from any construction, hling or storage activity, or any wrecking, excavation, grading, clearing of l or solid waste disposal operation. Reasonable precautions shall include, but are not limited to: Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the construction of roadways or the clearing of l Application of asphalt, oil, water, or suitable chemicals on dirt roads, materials stockpiles, other surfaces which can give rise to airborne dusts; Other means approved by the Air Pollution Control Officer. City Code Title 15 BUILDINGS AND CONSTRUCTION* Control of dust mud Any person who has been issued a permit for any work covered by this code shall take reasonable precautions to prevent control the movement of dust created by work activities to adjoining public or private property. Such dust shall be immediately settled by wetting the same. Work activities shall be stopped during periods of high winds that may carry dust from the job site before it can be settled by wetting. 2 Resolution July 14, 2015 Page 5 of 9

6 / The permittee shall be responsible for maintaining clean public streets, sidewalks alleys in the immediate vicinity of the job site during after the period of work activity. The permittee shall remove all mud dust from any public property which was deposited there by any activity related to the work. In order to prevent mud other material from entering any public sewer, the permittee shall properly pond any affected gutter to permit such material to settle shall remove such material from public property. This procedure shall be in accordance with the requirements policies of the city water sewer division. The permittee shall obtain any necessary permits for water from the manager of said division Dust control. All dust resulting from wrecking or demolition operations shall be immediately settled by wetting the same with water of sufficient quantity to prevent the dust from leaving the site of the demolition or wrecking project. Demolition shall be stopped during periods of high winds that carry the dust from the site before it can be settled by wetting. The permittee shall be responsible for maintaining clean public streets during such operation. The permittee must obtain the necessary permits for water from the manager of the division of water sewers pay for such permits for water used. The permittee shall wash off public property to remove all silt dust. In order to prevent such material from entering any public sewer, the permittee shall properly pond the gutter in order to permit such material to settle, it shall be then cleaned up hauled away. This procedure shall be followed in accordance with the requirements policies of the water sewers division. AQ-3: Basic Emission Control Practices The following practices describe exhaust emission control from diesel powered fleets working at a construction site. California regulations limit idling from both on-road off-road diesel powered equipment. The California Air Resources Board enforces the idling limitations. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes [required by California Code of Regulations, Title 13, sections 2449(d)(3) 2485]. Provide clear signage that posts this 3 Resolution July 14, 2015 Page 6 of 9

7 / requirement for workers at the entrances to the site. Although not required by local or state regulation, many construction companies have equipment inspection maintenance programs to ensure work fuel efficiencies. Maintain all construction equipment in proper working condition according to manufacturer s specifications. The equipment must be checked by a certified mechanic determine to be running in proper condition before it is operated. BIOLOGY BIO-1 2: If construction is planned to occur during the raptor or bird nesting season (February 15th September 15th) a preconstruction nesting survey shall be conducted by a qualified biologist within 7 days prior to vegetation removal. Vegetation surveyed for raptors shall include all trees, 10 feet or taller containing a dbh of 2 inches or greater, vegetation surveyed for birds shall include all trees, bushes, tall grasses emergent vegetation. Within 2 weeks of the nesting raptor bird survey, all vegetation cleared by the biologist shall be removed by the contractor. A minimum 500 foot no-disturbance buffer shall be established around any active raptor nest, a minimum 100 foot no-disturbance buffer shall be established around any active bird nest, to limit the impacts of construction activities. The contractor shall immediately stop work in the nesting area until the appropriate buffer is established is prohibited from conducting work that could disturb the birds (as determined by the project biologist in coordination with wildlife agencies) in the buffer area until a qualified biologist determines the young have fledged. Prior to during construction Mitigation measures shall be included in all construction documents for implementation during construction. 4 Resolution July 14, 2015 Page 7 of 9

8 / BIO-3: If construction on the existing bridge is planned to occur during the swallow nesting season, measures shall be taken to avoid impacts to migratory swallows. To protect migratory swallows, unoccupied nests will be removed from the existing bridge structure prior to the nesting season (February 15th September 15th). the nesting season, the bridge structure shall be maintained through the active removal of partially constructed nests. Swallows can complete nest construction in approximately 3 days. After a nest is completed, it can no longer be removed until an approved biologist has determined that all birds have fledged the nest is no longer being used. Prior to during construction Mitigation measures shall be included in all construction documents for implementation during construction. BIO-4: The Magpie Creek Channel all associated wetl vegetation shall be marked as Environmentally Sensitive Area (ESA) either staked or fenced with orange snow fencing to ensure the construction areas will not encroach further than the work limits designated in the environmental permits. the construction period, a qualified biologist shall inspect the construction limits periodically to ensure sensitive locations remain undisturbed. CULTURAL CR-1: If previously unidentified cultural materials are unearthed during construction, it is Caltrans policy to halt work in that area until a qualified archaeologist can assess the significance of the find. Additional archaeological survey will be needed if project limits are extended beyond the present survey limits. CR-2: Section of the Public Resources Code Section of the California Health Safety Code protect Native American burials, skeletal remains 5 Resolution July 14, 2015 Page 8 of 9

9 / grave goods, regardless of age provide method means for the appropriate hling of such remains. If human remains are encountered, work should halt in that vicinity the county coroner should be notified immediately. At the same time, an archaeologist should be contacted to evaluate the situation. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within twenty-four hours of such identification. CEQA details steps to be taken if human burials are of Native American origin. 6 Resolution July 14, 2015 Page 9 of 9