Resolution 13434CITY OF ALAMEDA RESOLUTION N013434
MAKING FINDINGS REGARDING THE MITIGATION OF POTENTIALLY SIGNIFICANT
ENVIRONMENTAL IMPACTS AND OVERRIDING CONSIDERATIONS FOR THE EAST
BAYSHORE RECYCLED WATER PROJECT
WHEREAS, on June 11, 2001, the East Bay Municipal Utility District Board of Directors,
as Lead Agency under the California Environmental Quality Act (CEQA), certified the East
Bayshore Recycled Water Project Final Environmental Impact Report (FEIR) and made findings
pursuant to section 21081 of the Public Resources Code; and
WHEREAS, the construction of new pipeline to deliver recycled water to the City of
Alameda is contemplated within the FEIR; and
WHEREAS, pursuant to section 15096(h) of the CEQA Guidelines, the City as a Responsible
Agency must consider the certified FEIR and make Findings that project environmental impacts
have been mitigated to a less than significant level and/or that the Project has benefits which override
or outweigh the unavoidable environmental impacts; and
WHEREAS, the City Council, upon a consideration of the East Bayshore Recycled Water
Project Final Environmental Impact Report, makes the findings regarding the mitigation of
potentially significant environmental impacts and overriding considerations for the East Bayshore
cc
Recycled Water Project attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the findings
attached as Exhibit A.
NOTICE. Pursuant to Public Resources Code Section 21167, a judicial challenge to the City
Council's action on the findings regarding the mitigation of potentially significant environmental
impacts and overriding considerations for the East Bayshore Recycled Water Project must be
brought within thirty (30) days after the filing of a notice of determination.
C:\ WPDOCS\DATA \6RECYH2O.EIR
EXHIBIT A
FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE IMPACTS
Most of the impacts associated with the proposed East Bayshore Recycled Water Project would
occur during construction. Although construction impacts are short term, they can pose significant
disruptions to the community in which they are located. Construction of the East Bayshore Recycled
Water Project would affect businesses, residences and other members of the community in Alameda.
Construction impacts to these affected communities include noise and dust from construction
equipment and the temporary lane closures of City streets in which pipelines will be installed.
There are two potentially significant and unavoidable effects from the East Bayshore Recycled
Water Project. Mitigation Measures proposed in the Final EIR for the East Bayshore Recycled
Water Project will lessen the impacts of these effects, but may not completely mitigate adverse
environmental impacts to a less- than- significant level.
Significant and Unavoidable Impact: On- street parking will be reduced during construction,
both by the East Bayshore project and by cumulative projects in the area.
Findings: Mitigation measures in the Final EIR for the East Bayshore Recycled Water
Project would partially mitigate parking loss, but short-term reductions in available parking
cannot be avoided. Due to the constraints associated with construction in city streets, none
of the alternative pipeline routes would eliminate impacts to on- street parking. All feasible
mitigation measures have been adopted, but some parking would be unavoidably lost during
the construction period. Provision of replacement parking in the construction area would not
be feasible because construction will move through any given area so quickly. Construction
is only expected to last about a week for each block.
Facts in Support of Findings: Because the East Bay Municipal Utility District has agreed to
Mitigation TR -8 from the Final EIR for the East Bayshore Recycled Water Project, such
impacts have been lessened but not fully avoided or reduced to a less- than - significant level.
Mitigation TR -8 specifies:
A month before construction along street segments, EBMUD or the construction contractor
would be required to post the streets on which construction would occur, notifying
businesses, residents and visitors that construction would be occurring, when the
construction would occur, that on- street parking would be removed, and the duration of such
removal. During construction, construction worker parking and construction truck staging
parking would be restricted to an on -site location or an off- street location obtained by either
EBMUD or the contractor.
1
2. Significant and Unavoidable Impact: Construction of the project would expose the public to
high noise levels.
Findings: Even with the implementation of proposed mitigation measures in the Final EIR
for the East Bayshore Recycled Water Project, it is expected that there would be short-term
significant noise impacts during construction. Additional mitigation such as temporary noise
barriers would not be feasible, because construction in residential areas takes place within
city streets, and barriers would block access to driveways. None of the pipeline route
alternatives would avoid noise impacts.
Facts in Support of Findings: Because the East Bay Municipal Utility District has agreed to
Mitigation N-1 from the Final EIR for the East Bayshore Recycled Water Project, such
impacts have been lessened but not fully avoided or reduced to a less- than - significant level.
Mitigation N -1 specifies:
The District will incorporate into contract specifications for all Project components the
following measures:
Alameda Booster Pump Station Site: The following noise control
implemented:
easures
be
a. Construction will comply with Alameda Noise Ordinance hourly limits,
which prohibit construction during the nighttime hours.
b. If planned parks adjacent to this site are developed and completed prior to
project construction and there are passive recreational uses located within 200
feet of this site, trucks will utilize best available noise control techniques
(including mufflers and use of intake silencers). In addition, if pile driving is
required, quieter procedures will be used such as pre - drilling holes and using
engine and pneumatic exhaust controls to ensure that exhaust noise from pile
driver engines are minimized to the extent feasible.
2. Alameda Pipelines: The following noise control measures will be implemented:
Pipeline alignments should be located at least 50 feet away from sensitive
receptors.
Pile driving should be avoided within 100 feet of sensitive receptors. If pile
driving is required, the District will incorporate into the contract
specifications the requirements listed under Mitigation Measure 3j.
2
c. Where pipeline alignments would be located adjacent to school and child care
uses, construction should occur on weekend or school vacation days to the
extent feasible, avoiding weekday daytime hours when they are operation.
d. Construction will comply with Alameda Noise Ordinance hourly limits when
constructing all pipelines, which prohibits construction during the nighttime
hours.
e. Feasible noise controls listed under Mitigation Measures 3e through 3i will
be implemented.
3. Jacking and Drilling Pits: The following noise control measures will be
implemented:
a. Proposed drilling and jacking pits must be located at least 100 feet from any
commercial or industrial uses and use of rock drills or pneumatic equipment
for more than 10 days or on weekends/holidays should be avoided within 150
feet of any commercial or industrial uses.
b. Feasible noise controls listed under Mitigation Measures 3e through 3i will
be implemented.
FINDINGS REGARDING SIGNIFICANT EFFECTS MITIGATED TO LESS -THAN-
SIGNIFICANT LEVELS
A. Transportation
Potentially Significant Impact: Lane closures due to project construction would cause
restricted access to commercial and public service buildings.
Findings: The project includes specific mitigation that would reduce the access impacts to
a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted Mitigation
Measure TR -2 from the Final EIR for the East Bayshore Recycled Water Project. Mitigation
TR -2 specifies:
Convenient access to driveways and buildings in the vicinity of work would be maintained
as much as possible. Advance notice of all construction activities would be given to property
owners by mailing to both owner addresses and site addresses along the pipeline route about
one month in advance of construction. Any access restrictions would be as brief as possible,
and open trenches would be plated over at the end of the day to ensure access is available.
3
2. Potentially Significant Impact: Lane closures due to project construction will cause delays
and potentially rerouting of emergency vehicles.
Findings: The project includes specific mitigation that would reduce traffic delays to a less
than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure TR -3 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation TR -3 specifies:
EBMUD or the contractor would submit traffic control plans at least 15 days prior to the start
of construction. The plan would be approved by all agencies having jurisdiction and would
conform to the requirements of the agency having jurisdiction regarding traffic signs,
flashing lights, barricades and other traffic safety devices used to control traffic. Outside of
work hours or when work is not in progress, roadways would `be restored to normal
operation, with all excavation backfilled or steel plated. For all locations described above,
where LOS would deteriorate to an unacceptable level, construction would need to avoid
peak hours, occurring in the early morning, late evening or on weekends (or during midday
hours between 9:00 a.m. and 3:30 p.m. in certain mixed -use, residential or retail areas) in
order to avoid reducing the number of travel lanes during periods of peak traffic demand. In
addition it is recommended that construction avoid peak hours where crossing State Highway
on -ramps and off -ramps as well as at the following locations, where LOS is already F:
Roadway Segments
Webster Street (Alameda) northbound - LOS F (AM and PM) from LOS D under
existing conditions.
Intersections
Webster Street & Atlantic Avenue (Alameda) — LOS F (AM and PM) from LOS C
under existing conditions.
3. Potentially Significant Impact: Lane closures due to project construction would cause transit
delays.
Findings: The project includes specific mitigation that would reduce transit delays to a less
than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure TR -5 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation TR -5 specifies:
4
Transit providers would be notified one month in advance of construction so they may
relocate any affected bus stops, as well as notify patrons that there may be delays during
construction and how long the construction period would last. During the period of
construction along these identified routes, bus riders would be notified by posting
construction schedules informing riders of the potential for delays. Information would be
posted at bus stops as well as inside buses on these routes. If the construction does cause
noticeable delays, some minor revisions to bus schedules may be warranted. Otherwise, if
it is determined that construction does not cause noticeable schedule delays, no additional
notification or action would be necessary.
4. Potentially Significant Impact: Lane closures due to project construction could interfere with
special activities such as farmers markets or street fairs.
Findings: The project includes specific mitigation that would reduce the project impacts on
special activities to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure TR -6 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation TR -6 specifies:
The District will take special events into consideration in scheduling of construction and will
avoid construction in special event areas when activities are occurring.
5. Potentially Significant Impact: Project construction traffic
motor vehicles, bicyclists, and pedestrians.
ill increase
raffle hazards to
Findings: The project includes specific mitigation that would reduce traffic hazards to a less
than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure TR -7 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation TR -7 specifies:
Proper plans and signage would need to be in place to direct pedestrians and bicyclists away
from closed facilities and towards nearby alternative routes. For the select locations where
two -way traffic would need to be directed over one travel lane, flaggers would need to be
stationed to direct traffic in a safe and efficient manner. Bicycle organizations such as the
East Bay Bicycle Coalition and BikeAlameda would be notified in advance of construction.
5
B. Visual and Aesthetic Resources
Potentially Significant Impact: Pipeline construction could cause an adverse effect on
foreground or middleground views from high volume travelways, City parks, and other
public use areas.
Findings: The project includes specific mitigation that would reduce visual effects of
construction to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure VA -2a from the Final EIR for the East Bayshore Recycled Water
Project. Mitigation VA -2a specifies:
During the final design stage of the pipelines, staging areas shall be located within the project
alignment to avoid visually sensitive features such as parks. Construction areas will be
designed to avoid conditions that would result in major landform alteration or mature
landscape removal and will be kept to a minimum operable size in order to minimize the
visual impacts of construction areas. Disturbance outside of the construction zone shall be
limited and the number of staging areas kept to a minimum. In addition, the impacted cities
would review all construction zones and staging areas as part of excavation permits.
Construction zone size shall be clearly indicated on the final engineering drawings.
Construction will be phased to reduce impacts to visual quality. Revegetation and restoration
will occur in disturbed park areas. Once the pipeline has been installed in such areas, the
landscape shall be revegetated and restored to pre- construction conditions, thereby
maintaining the existing visual quality of the area.
2. Potentially Significant Impact: The booster pump station could be visible from a new park
planned in the vicinity of the site in Alameda.
Findings: The project includes specific mitigation that would reduce visual effects of the
pump station to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure VA -2b from the Final EIR for the East Bayshore Recycled Water
Project. Mitigation VA -2b specifies:
The booster pump station in Alameda shall be fenced for security purposes, and will be
constructed out of materials and designed to blend visually with the existing structures on
the property, and with the surrounding environment.
6
C. Hazardous Materials
1. Potentially Significant Impact: The project has the potential to expose workers or the public
to hazards from a known hazardous waste site.
Findings: The project includes specific mitigation that would reduce hazardous waste
impacts to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure HA -1 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation HA -1 specifies:
A Phase I Site Assessment that summarizes the reported releases of hazardous materials
within the project area shall be prepared prior to construction. Additional investigations
(e.g., Phase II Site Investigation) shall be performed, as necessary. The Phase I Site
Assessment may include a review of regulatory agency case files, a site survey of the project
area and contacting property owners, property operators, or the lead agency providing
oversight of the ongoing investigations or remediation to determine the site's current status.
A Phase II Site Investigation (e.g., collection of soil or groundwater samples) shall be
performed in areas where the Phase I Site Assessment indicates that contaminants may be
present in soil arid groundwater. A Phase I Site Assessment is not necessary within the FISC
or Alameda NAS properties, which have been studied as part of ongoing redevelopment of
the area. However, the District shall coordinate with the City of Alameda and Navy prior
to construction to obtain up -to -date information regarding ongoing remediation activities.
General mitigation measures are provided for potential impacts associated with encountering
contaminated soil or groundwater media. These mitigation measures address the areas of
potential impacts from proposed construction activities.
All construction activities related to the project that require excavation or exposure of soil
in areas suspected of containing soil or groundwater contamination shall include monitoring
by the contractor for subsurface contamination in compliance with the California Department
of Occupational Safety and Health (Cal/OSHA). This monitoring would, at a minimum,
include visual observation by personnel with appropriate hazardous materials training,
including 40 hours of Hazardous Waste Operations and Emergency Response
(HAZWOPER) training as required by Cal/OSHA for workers engaged in hazardous waste
operations.
In areas where contamination of soil and groundwater is suspected, groundwater brought to
the surface as a result of construction dewatering shall be contained in Baker tanks or similar
containment devices. At a minimum, this would allow the suspended solids associated with
dewatering to settle out before discharge, if discharge is allowable. Depending on the
proximity to known contaminated plumes, and the probability of groundwater being
7
contaminated based on visual or other evidence, samples would be collected and analyzed.
A State of California certified hazardous waste laboratory using EPA - approved analytical
methods should perform the laboratory analyses. The types of analyses should be based on
the likely contaminant(s) and on local permitting requirements. All discharges of dewatered
groundwater would be subject to permitting by the Regional Board.
EBMUD shall obtain any required permits and incorporate permit requirements in the
construction documents so that permit restrictions can be included in contractor's scope of
work.
All potentially contaminated materials encountered during project construction activities
shall be evaluated in the context of applicable local, state and federal regulations and/or
guidelines governing hazardous waste. All materials deemed to be hazardous shall be
remediated and/or disposed of following applicable' regulatory agency regulations and/or
guidelines. All evaluations, remediation, treatment and/or disposal of hazardous waste shall
be supervised and documented by qualified hazardous waste personnel (having received a
minimum of 40 hours HAZWOPER training).
The excavation contractor shall apply the same construction and waste management
procedures in all areas where marsh crust may be encountered, consistent with those
procedures approved in the Excavation Permit issued by the City of Alameda for the Fleet
Industrial Supply Center Facility and Alameda Naval Air Station.
The excavation contractor shall prepare site - specific Health and Safety Plans for project sites
where work will be done at known hazardous waste sites that have not received a notice of
clean closure (i.e., where contaminants may still be present in soil or groundwater). The
Health and Safety Plans shall include at minimum, notification to construction workers of
the site history with respect to hazardous materials, engineering controls, monitoring of the
site, and security measures to prevent unauthorized entry to the construction site. Workers
shall meet all Federal and State requirements for hazardous waste operations including
current training certifications.
D. Geology and Seismicity
1. Potentially Significant Impact: Project facilities will be located in areas with soils and
groundwater conditions that are susceptible to liquefaction during an earthquake.
Findings: The project includes specific mitigation that would reduce the liquefaction impacts
to 'a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure GS -3 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation GS -3 specifies:
8
Methods to densify and solidify soil may be necessary during construction. Overexcavation
and replacement of liquefiable soil will be viable for much of the pipeline construction.
Vibro - replacement or compaction grouting would also be effective, especially in areas of
deeper excavation or trenching. Special foundation designs (e.g. mats or piers) may be
appropriate for structures such as the facilities at the Waste Water Treatment Plan (treatment
facilities, reservoir and pump station) and the booster pump station. The crossing of the
Oakland Inner Harbor will be directionally drilled at a depth sufficient to protect this section
of the pipeline from liquefaction damage. Emergency shutoff valves will be placed at key
locations to minimize water releases in the event of pipe rupture, which would increase the
potential for liquefaction.
2. Potentially Significant Impact: Project facilities are subject to damage from earthquake -
induced strong ground shaking.
Findings: The project includes specific mitigation that would reduce the ground shaking
impacts to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure GS -4 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation GS -4 specifies:
Construction of pipeline should take into account the high probability of strong seismic
ground shaking, by incorporating design features that accommodate lateral movements and
flexibility. Seismic shutoff valves will be placed at key locations to minimize water releases
in the event of pipe rupture. Construction of all facilities should meet UBC standards for
Seismic Zone 4, Seismic Source Type A, and Seismic Coefficient (Ca) of 0.36 Na. Facilities
should be designed in accordance with the County building codes which incorporate the
seismic design for Zone 4 provisions of the 1997 Uniform Building Code.
E. Biological Resources
Potentially Significant Impact: The project could cause loss of individuals or occupied
habitat of the Western burrowing owl.
Findings: The project includes specific mitigation that would reduce effects on burrowing
owl to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure BIO -1 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation BIO -1 specifies:
A qualified biologist will conduct western burrowing owl pre- construction surveys along the
right -of -way and in adjacent work areas where there is no pavement or no existing structures
9
to follow the protocols outlined by the University of California at Santa Cruz Predatory
Research Group. If owls are found, the project will follow the protocols outlined by the
UCSC Predatory Research Group. The principal elements of this protocol are:
O
one round of pre - construction surveys
installation of one -way doors on occupied burro
ildlife biologist
® removal of nests and eggs to a rearing facility by a permitted wildlife biologist
• pre- construction fencing around occupied burrows in or near the project work areas
2. Potentially Significant Impact: The project could cause loss of active raptor nests, migratory
bird nests, or wildlife nursery sites.
Findings: The project includes specific mitigation that would reduce the potential disruption
of wildlife during construction to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure BIO -3 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation BIO -3 specifies:
Surveys will be conducted at Aquatic Park before construction starts. If active nests are
found all work within 500 feet of the nest will cease until a wildlife biologist observes
fledglings leaving the nest for the season. Trees with active raptor nests will be fenced with
bright orange fencing and the perimeter cordoned off and posted until the wildlife biologists
makes the final determination of nest occupancy.
3. Potentially Significant Impact: The project could destroy wetlands or other waters of the U.S.
Findings: The project includes specific mitigation that would reduce wetlands impacts to a
less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure BIO -7 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation BIO -7 specifies:
Pre - construction fencing of Section 404 wetlands and waters of the United States is
recommended at Aquatic Park in Berkeley. Its purpose is to eliminate any chance of
inadvertent filling of jurisdictional wetlands and waters; particularly where micro - tunneling
or jack -and -bore activities are proposed. If the wetland along the north side of Main Street
is affected by pipeline construction, the District will restore the wetland in accordance with
10
the conditions of a 404 permit issued by the U.S. Army Corps of Engineers. Due to the low
quality of this wetland it is expected that restoration of the existing wetland will provide
sufficient mitigation.
F. Hydrology and Water Quality
1 Potentially Significant Impact: The project has the potential to degrade surface water quality.
Findings: The project includes specific mitigation that would reduce water quality impacts
to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure HWQ -2 from the Final EIR for the East Bayshore Recycled Water
Project. Mitigation HWQ -2 specifies:
To prevent water quality degradation during construction the District will:
Submit a Notice of Intent to the State Water Resources Control Board to have project
construction activities covered under NPDES General Permit CAS000002 (General
Pei uiit).
In accordance with the terms of the General Permit, EBMUD shall prepare and
implement a Storm Water Pollution Prevention Plan (SWPPP) covering all
construction activities. The SWPPP shall identify effective Best Management
Practices (BMPs) that have been demonstrated to be effective in preventing storm
water pollution caused by runoff occurring during construction.
Before and during storm events, ,EBMUD shall monitor, the effectiveness of storm
water pollution prevention BMPs at all construction sites. EBMUD shall maintain
all BMPs to assure that they remain fully effective. EBMUD shall modify or replace
BMPs that not found to be sufficient to prevent storm water pollution.
To address operational water quality concerns, the District will:
0
Consider site improvements for new facilities and parking lots that include BMPs
that are effective for preventing post - construction storm water pollution caused by
urban runoff, including grassy swales and vegetated filter strips and features
presented in the Bay Area Stormwater Management Agencies' "Start at the Source
— Design Manual for Stormwater Quality Protection and Site Planning for Urban
Stream Protection".
11
G. Air Quality
1. Potentially Significant Impact: The project could violate an air quality standard or contribute
substantially to an existing or project air quality violation if dust emissions are not
controlled.
Findings: The project includes specific mitigation that would reduce construction period air
quality impacts to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure AQ -2 from the Final ER for the East Bayshore Recycled Water Project.
Mitigation AQ -2 specifies:
Construction activities must comply with the "Basic Control Measures" for dust emissions
as outlined in the BAAQMD CEQA Guidelines. These requirements include:
Water all active construction sites at least twice daily.
2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at construction sites.
5. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
H. Historic and Archaeological Resources
Potentially Significant Impact: The project could disturb known, potentially - eligible National
Register properties, including archaeological, historical, architectural and native
American/traditional heritage resources.
Findings: The project includes specific mitigation that would reduce the potential impacts
on cultural resources to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure CR -1 from the Final EIR for the East Bayshore Recycled Water Project.
Mitigation CR -1 specifies:
12
The following sites would be monitored by a qualified archaeologist during pipeline
trenching:
West of Webster Street, particularly along the Marina Village Parkway and Tynan
Avenue Alignments, site of the United Engineering Works/Union Iron
WorksBethlehem- Alameda Shipyard (Alameda)
In the event that buried prehistoric cultural deposits are discovered as a result of the
recommended archaeological monitoring program, construction work in the vicinity of the
finds should cease until the project archaeologist, in consultation with the State Water
Resources Control Board (SWRCB)/Division of Clean Water Programs Cultural Resources
Officer, the State Historic Preservation Officer (SHPO), and the designated
Ohlone /Costanoan Most Likely Descendant, has determined the nature, integrity and
potential for National Register of Historic Places (NRHP) eligibility of the resource.
In the context of a Federally reviewed and permitted project, the significance of
archaeological resources is measured by the National Register of Historic Places (NRHP)
criteria; these criteria, by which the NRHP eligibility of historic properties is judged, are
essential because they "indicate what properties should be considered for protection from
destruction or impair went' (36CFR60.2). Any action as part of an undertaking, that would
affect significant cultural resources is subject to review and comment under Section 106 of
the National Historic Preservation Act of 1966. Historic properties and archaeological sites
that are listed, or eligible for listing, in the NRHP must be preserved or otherwise managed
in accordance with the regulations of the Advisory Council on Historic Preservation
(36CFR800). Insignificant cultural remains usually do not require management consideration
unless they possess other qualities covered by the National Environmental Policy Act. CEQA
Guidelines for managing historically significant resources (Section 15064.5[0 are generally
complied with by meeting the Section 106 requirements.
Guidelines for specific strategies for the treatment of archaeological resources are presented
in the Secretary of the Interior's Standards and Guidelines for Archaeological
Documentation (48FR44734- 44737). Mitigation programs for addressing potential impacts
should be prepared within that context, based on specific finds, circumstances and potentials
for NRHP eligibility.
Essentially two mitigation strategies would be available for the EBMUD East Bayshore
Recycled Water Project: avoidance of the resource or data retrieval through excavation.
Avoidance of resources would be difficult, if not impossible, and it is prudent to assume that
excavation would probably be the measure implemented for mitigating impacts to NRHP
eligible resources. All archaeological work. on NRHP eligible and potentially- eligible
properties should be conducted in accordance with Treatment of Archaeological Properties:
A Handbook (ACHP 1990) and Archaeology and Historic Preservation: the Secretary of the
Interior's Standards and Guidelines (48FR44716- 44742). Specific field methodologies
13
should be developed for specific resources within the context of a research design/ treatment
plan. Investigations should be performed under the supervision of experienced professionals
whose education and experience meet or exceed the Secretary of the Interior's Professional
Qualifications Standards (48FR44738- 44739).
In dealing with prehistoric sites, the project sponsor and consulting archaeologist should
ensure that all Federal and State laws and regulations regarding Native American concerns
are strictly adhered to. A Native American consultant (Most Likely Descendant) should
monitor prehistoric archaeological excavation programs. If human remains are encountered
during construction, State Health and Safety Code Section 7050.5 states that no further
disturbance shall occur until the County Coroner has made the necessary findings as to origin
and disposition pursuant to Public Resources Code 5097.88.
Upon completion of field investigations for both prehistoric and historic resources,
comprehensive technical reports should be prepared that describe the archaeological project's
goals and methods, and present its findings and interpretations. The report should integrate
the important archaeological data recovered through excavation with the information
gathered through archival research, and address relevant research considerations. The final
report(s) should include the following elements: executive summary; statement of scope;
project location and setting; previous research summary; research goals and the strategies
that guided research, testing and data recovery; field and lab methods; archival research;
archaeological context; artifact descriptions consideration of ',research problems and
questions; conclusions and additional recommendations; references cited; and appendices
(reports of technical analyzes).
Copies of preliminary and final report(s) should be provided to the SHPO, SWRCB and the
Historical Resources Information System, Northwest Information Center at Sonoma State
University.
2. Potentially Significant Impact: The project could disturb unknown archaeological resources.
Findings: The project includes specific mitigation that would reduce the potential impacts
on unknown archaeological resources to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measure CR-2 from the Final'EIR for the East Bayshore Recycled Water Project.
Mitigation CR -2 specifies:
Construction crews would be briefed regarding the possibility of finding archaeological
remains during excavation for pipelines, and would be informed of the required procedures
in the event of such a discovery. In the event that unsuspected archaeological remains are
uncovered during construction, land alteration work in the general vicinity of the find would
be halted and a qualified archaeologist would be consulted. Prompt evaluations could then
14
be made regarding the finds and an appropriate course of action could be implemented. If
prehistoric archaeological deposits are discovered, local Native American organizations
would be consulted and involved in making cultural resources management decisions. All
such procedures would be conducted within National Historic Preservation Act Section 106
and CEQA requirements and guidelines. If resources are discovered, the treatment
procedures detailed in Mitigation Measure CR -1 would be implemented.
Cumulative Impacts
1. Potentially Significant Impact: The effect of pipeline construction on cultural resources could
potentially contribute to the cumulative loss of cultural resources that has occurred in the
project over the years.
Findings: The project includes specific mitigation that would reduce the potential impacts
of construction on cultural resources to a less than significant level.
Facts in Support of Findings: The East Bay Municipal Utility District has adopted
Mitigation Measures CR -1 and CR -2 from the Final EIR for the East Bayshore Recycled
Water Project.
STATEMENT OF OVERRIDING CONSIDERATIONS
There are two potentially significant and unavoidable adverse environmental effects of the East
Bayshore Recycled Water Project: temporary loss of on- street parking along pipeline routes during
construction and temporary exposure of the public to high noise levels during construction. Both
of these impacts are short-term, and there will be no long -term significant adverse impacts of the
Proj ect.
The Planning Board hereby finds that the following economic, legal, social, technological, or other
benefits of the project override and outweigh the above - referenced two potentially significant and
unavoidable adverse environmental effects of the Project and makes this statement of overriding
considerations to support its action to recommend approval of the Alameda Water Reuse Ordinance.
Conservation of Water Resources. By supplying recycled water in lieu of potable water for
irrigation and industrial purposes, the East Bayshore Recycled Water Project conserves
potable water for domestic consumption.
2. Provision of Reliable Drought- Resistant Water Supply. Recycled water is a reliable water
supply that is not limited in times of drought. Users will have ample supplies of recycled
water even in times of drought. This will enable the maintenance of high - quality
landscaping and turf areas in parks and other landscaped areas, thereby benefiting the
community as a whole.
15
3. Avoidance of Service Impacts. Without the proposed project, the East Bay Municipal Utility
District would have inadequate water supplies to meet projected demands. The service area
would experience water shortages in times of drought, requiring that the District impose
strict water rationing. The East Bayshore Project is part of the District's Water Supply
Master Plan, which is aimed at limiting drought restrictions to 25 percent of normal water
demand levels when a worst case drought occurs. The project is part of the District's water
recycling program, which has been established with the objective of ensuring adequate
drinking water supply for current and future East Bay customers.
MITIGATION MONITORING PROGRAM
A Mitigation Monitoring Program, Appendix A, is also adopted to insure that all relevant mitigation
measures identified in the Final EIR for the East Bayshore Recycled Water Project and these
findings will be implemented.
C: \WPDOCS\DATA \6RECYH2O.FIN
16
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
19th day of February, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr, and Mayor
Appezzato - 5.
NOES:
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereun
20th day of February, 2002.
None.
o set my h
xed the official seal of said City this
Lara Weisiger, City CYerk
City of Alameda