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Resolution 1990-69 , . . SL- RESOLUTION NO. 90-69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING ALTERNATIVE SL (WINTER SURFACE DISCHARGE TO THE PAJARO RIVER AND SUMMER LAND TREATMENT) AS THE LONG TERM WASTEWATER MANAGEMENT PLAN FOR THE CITIES OF GILROY AND MORGAN HILL AND ADOPTING A MITIGATION MONITORING PLAN. WHEREAS, the wastewater treatment plant servicing the cities of Gilroy and Morgan Hill has nearly reached capacity, virtually all residential, commercial and industrial growth for the past few years has been very limited, and future growth will be severely curtailed unless additional sewage capacity is provided; and WHEREAS, at the direction of the two cities, James M. Montgomery Engineers analyzed alternatives for sewage treatment expansion as described in their Wastewater Management Alternative Analysis and Long Term Draft Project Report ("Montgomery Engineers Report") dated July 1984; and WHEREAS, for more than six years expansion of sewage treatment capacity has been studied by James M. Montgomery Engineers as consultants to the two cities, by the citizens Sewer Advisory Committee, by the Joint Powers Committee of the two City councils, and by the city Councils themselves; and WHEREAS, in 1986 the Council adopted a Long Term Wastewater Management Plan ("Plan"), described as alternative SL (Winter Surface Discharge to the pajaro River and Summer Land Treatment) as discussed in the Montgomery Engineers Report and the Final Environmental Impact Report for the Long Term Wastewater Management Plan of the cities of Gilroy and Morgan Hill dated March 1986, prepared by Earth Metrics Incorporated ("First Final EIR") , hereinafter referred to as the "Project"; and WHEREAS, prior to drafting an environmental impact report ("EIR") the lead agencies held two agency scoping meetings and three public scoping meetings both within and without the County of Santa Clara to provide an opportunity for interested persons to comment on topics they would like addressed in the EIR; and WHEREAS, such proj ect was the subj ect of a program EIR prepared for the cities of Gilroy and Morgan Hill as lead agencies, and the Council held a public hearing on the draft EIR on December 14, 1985 for public comment, and a public meeting on April 8, 1986 to consider the proposed First Final EIR; and WHEREAS, On July 29, 1986, by Resolution 86-45 the city Council of Gilroy, and on August 6, 1986 by Resolution 3075 the City Council of Morgan Hill, adopted the findings required by MITMON.DOC 01501-005 07/11/90 RESOLUTION NO. 90 - 69 -1- . . CEQA in connection with their adoption of Alternative SL for the Long Term Wastewater Management Plan; and WHEREAS, the City Councils of Gilroy and Morgan Hill held public hearings on the Plan alternatives on April 22, April 29, May 6, June 10, and June 24, 1986; and WHEREAS, two lawsuits were filed against the two cities, each seeking to overturn the selection of the alternative selected for the Plan. The suits were coordinated as the "Gilroy/Morgan Hill Environmental Cases", Judicial Council Coordination Proceeding No. 2043 (the "Lawsuit"); and WHEREAS, On June 29, 1988, Judge Peter G. Stone issued a Peremptory Writ of Mandate (the "writ") in the Lawsuit. The Writ rej ected most of the challenges that had been brought in the Lawsuit and upheld the adequacy of the First Final EIR in most respects, but did order that a new EIR be prepared to treat the following issues: a) Cumulative impacts to the waters of the pajaro River and pajaro Estuary b) Cumulative impacts on groundwater c) Cumulative impacts on waters of Monterey Bay d) Cumulative air pollution impacts e) Analysis of all potential significant impacts for which analysis was deferred to later stages of the project f) Analysis of whether mitigation measures exist to avoid or substantially lesson significant effects for which monitoring was proposed as sole mitigation g) Analysis of whether the above mitigations are feasible h) Appropriate findings regarding infeasibility of mitigations, if necessary; and WHEREAS, The cities have prepared a new Draft Eir dated January 1990. The Draft EIR was circulated for comment, and numerous comments were received in written form, as well as orally at a public hearing held on February 26, 1990. As a result of this process, a Final EIR dated May 1990 (the "Final EIR") was prepared, incorporating the Draft EIR, all comments received, responses to the comments, the transcript of the public hearing, and additions, deletions and changes to the Draft EIR; and WHEREAS, The cities at a joint special meeting held on June 11, 1990 each certified that the Final EIR was complete and in accordance with CEQA; and WHEREAS, The cities at a joint special meeting on July 11, 1990, held a public hearing to obtain public input on the choice of a Long Term Plan Alternative; and MITMON.DOC 01501-005 07/11/90 -2- . . WHEREAS, the Council has considered the oral testimony presented at those public hearings on alternatives under consideration as the Plan; and and written the various WHEREAS the Council, in balancing environmental concerns with economic, technical and feasibility considerations of the various alternatives has determined that Alternative SL (Winter Surface Discharge to the Pajaro River and Summer Land Treatment) , best suits their needs and those of the residents in the service area; and WHEREAS, CEQA requires that when approving a proj ect for which an EIR has been prepared, the lead agency must adopt a mitigation monitoring plan; NOW, THEREFORE, BE IT RESOLVED by the city council of the City of that alternative SL as described in the Montgomery Engineers Report and the Final EIR, and with those mitigations that are described in Resolution No. (the "CEQA Findings Resolution"), of even date herewith, which resolution makes the appropriate findings required by CEQA, is hereby adopted as the Plan for the cities of Gilroy and Morgan Hill. The Council hereby incorporates by this reference the mitigation measures for significant environmental effects relevant to alternative SL as described in the CEQA Findings Resolution and further described in the Final EIR, and hereby adopts such mitigation measures described in said resolution as part of the proj ect. The Council further adopts the following Mitigation Monitoring Plan as the mitigation monitoring plan for this project as required by CEQA. MITIGATION MONITORING PLAN In the following plan, each impact identified in the Final EIR for which mitigation is proposed is discussed in the same order as in the companion resolution of even date whereby the council adopted the findings required by CEQA. The identification of the finding (e.g., "Finding H1") is to the same finding as described in that the CEQA FIndings Resolution. Note that where responsibility for monitoring is given to officials of both cities (e.g., the "city Managers"), the officials identified may designate that only one of them shall be in charge of the monitoring on behalf of both cities. IMPACT DESCRIPTION: Location of land disposal sites in flood plain (Finding H1) . MITIGATION MEASURE(S): The 123 acres for SL will be selected from the 1,320 acres available, and to the extent possible should MITMON.DOC 01501-005 07/11/90 -3- . . be constructed outside the 100-year floodplain. Design and placement of ponds required within the 100 year floodplain shall be coordinated with the Santa Clara Valley Water District in order to minimize potential increased flooding hazards. MONITORING: Prior to recommending approval of final design to the ciy Councils, the city Managers shall verify that the floodplain is avoided in the location of the disposal sites. IMPACT DESCRIPTION: Oversaturation of ground water leading to potential spillage of effluent into lower aquifer (Finding H2) . MITIGATION MEASURE(S) : Instead of using underdrains or dewatering wells, the cities will mitigate this potential effect by drawing off sufficient treated effluent to use it as reclaimed water either on city lands for irrigation or for sale to commercial customers as necessary during the summer months. Monitoring of groundwater levels will be a standard part of the operations of the plant, and will be required by the terms of its discharge permit. This monitoring will enable the cities to determine when they are approaching the holding capacity of the land disposal sites. Prior to approaching this holding capacity, the cities shall arrange for such reclamation use in sufficient quantities to completely mitigate this potential effect. If it becomes impossible to find users (including the cities themselves) for sufficient quantities of effluent, then the cities shall purchase sufficient acreage (e.g., at sites 11 and/or 14 or similar property) to allow sufficient additional land disposal to prevent saturation of the disposal sites, and thus fully mitigate this impact. MONITORING: The city Managers shall receive periodic reports from the plant operators as to the status of groundwater levels and shall negotiate appropriate reclamation contracts for presentation to the Councils for approval. They shall report to the city Councils on the instigation of reclamation contracts, and shall recommend additional land purchases if necessary. IMPACT DESCRIPTION: soils (Finding H3) . MITIGATION MEASURE (S) : A survey will be conducted to locate any significant areas of dispersive soils along the pajaro River, downstream of the San Benito River confluence. If dispersive soils are found, river banks in these areas will be stabilized with vegetation to prevent erosion. River bank erosion caused by dispersive MONITORING: Prior to River, the City Managers undertake this survey and apppropriate contracts to commencing discharge to the Pajaro shall hire a qualified consultant to shall recommend to the city councils carry out the stabilization program. MITMON.DOC 01501-005 07/11/90 -4- ,;<-' . . The conduct of such program shall be monitored by the Public Works Inspectors of the cities. IMPACT DESCRIPTION: Impact on domestic users of pajaro water for drinking purposes (Finding WQ1) . MITIGATION MEASURE(S): Department should require alternative domestic water treatment. The San Benito County these domestic users to sources or use domestic Health secure water MONITORING: The city Managers shall notify the San Benito County Health Department at least one year prior to starting river discharge so that they may ensure that these mitigations are followed. IMPACT DESCRIPTION: Excessive levels of TDS in upper aquifer (Finding WQ2) . MITIGATION MEASURE(S): Local pretreatment ordinances will be expanded to include limits for TDS levels released into the wastewater system. These will include pretreatment limitations for TDS and water monitoring for water softener companies, as well as educational programs to inform the public of the TDS effects of using water softening equipment. In addition, the discharge will have to comply at all times with limits set by the Regional \'later Quality Control Board for TDS discharge in the discharge permit under which the plant will be operated. MONITORING: The city Managers shall propose ordinance revision to the cities for adoption treatment plant expansion. Compliance with requirements is monitored on an ongoing routine RWQCB. an appropriate prior to any RWQCB permit basis by the IMPACT DESCRIPTION: Accidental discharge due to plant failure, seismic even, etc. (Finding WQ3). MITIGATION MEASURE(S): The treatment plant shall be designed to include provisions for emergency storage capacity and emergency standby power to provide immediate response to plant shutdown or failure. Influent and effluent monitoring shall be required to detect industrial pretreatment failure and chemical spills. The design of the facilities and structures shall comply with seismic requirements of the current Uniform Building Code. MONITORING: The City Managers shall ensure that the final design of the plant incorporates these measures prior to recommending it to the Councils for approval. Ongoing monitoring of influent and effluent shall be reported to the City Managers by the plant operators on a periodic basis, as well as to the RWQCB pursuant to their normal procedures. MITMON.DOC 01501-005 07/11/90 -5- . . IMPACT DESCRIPTION: sites (Finding B1). Damage to trees adj acent to land disposal MITIGATION MEASURE (S) : Effluent shall be applied at the rates recommended in the Montgomery Engineers Report and consistent with proper engineering practice to avoid oversaturation. The final engineering plans for the land disposal areas shall avoid the riparian vegetation areas. MONITORING: The city Managers shall ensure that the final design of the land disposal areas avoids riparian vegetation areas prior to recommending it to the Councils for approval. ongoing monitoring of application rates shall be reported to the City Managers by the plant operators on a periodic basis, or more often if deemed appropriate by the City Managers. The City Managers shall have a biological assessment of possible damage to adacent trees performed periodically by a qualified biologist. They shall direct the plant operators to ensure that recommended changes in methods or rates of effluent application to the ponds are observed. IMPACT DESCRIPTION: Increased river flow affecting migration of Steelhead (Finding B2) . MITIGATION MEASURE(S): Large discharges to the river shall be timed with, to the extent possible, the commencement of winter rains and higher stream flows to minimize potential Steelhead migratory responses. MONITORING: The plant operators shall report all large discharges to the City Managers on a periodic basis, who shall reV1ew the information and direct any necessary changes in operation to ensure compliance with this condition. IMPACT DESCRIPTION: possible Steelhead avoidance due to copper or ammonia in discharge to pajaro River in the wet season (Finding B3A). MITIGATION MEASURE(S): Steelhead trout migration patterns in the pajaro River shall be monitored prior to commencing to discharge treated wastewater into the pajaro River channel, and also after the treatment plant is operational and wet season discharges are being made to the pajaro River. If avoidance responses are found to be occurring downstream of the Uvas/Carnadero Creek confluence, then measures to reduce residual ammonia and copper in treated wastewater will be implemented. (Note that although pretreatment for mercury is mentioned erroneously as a mitigation measure in the Final EIR, the data do not support the necessity for such pretreatment, so MITMON.DOC 01501-005 07/11/90 -6- . . the cities do not adopt it as a mitigation). Measures to remove residual ammonia consist of further denitrification. Measures to reduce copper consist of more stringent pretreatment regulation and/or modifications of the treatment process to extract copper. If is is found that Steel head avoidance does not occur downstream of the Uvas/Carnadero Creek confluence but does occur upstream of this confluence, then the outfall shall be relocated to a point below the Uvas/Carnadero Creek confluence. In any case, the cities believe that the impact will be fully mitigated. MONITORING: The City Managers shall hire a qualified biologist in advance of projected start of River discharge to undertake the biological survey monitoring related to the possible steelhead avoidance. Based on his work, the City Managers shall recommend either increased treatment/pretreatment or relocation of the outfall, as appropriate. IMPACT DESCRIPTION: Steelhead avoidance due to elevated temperature of river discharge (Finding B3B). MITIGATION MEASURE (S): Final treatment plant design shall incorporate suitable cooling facilities (such as cooling ponds, spray ponds, or cooling towers) to ensure that discharge temperatures do not exceed ambient river temperatures. MONITORING: The City Managers shall ensure that the final design of the plant incorporates these measures prior to recommending it to the councils for approval. ongoing monitoring of effluent temperatures shall be reported periodic to the City Managers, who shall direct adjustment of cooling facilities or operation if necessary. IMPACT DESCRIPTION: Impact on river fish due to increased erosion or turbidity (Finding B4) . MITIGATION MEASURE (S) : A survey will be conducted to locate any significant areas of dispersive soils along the Pajaro River, downstream of the San Benito River confluence. If dispersive soils are found, river banks in these areas will be stabilized with vegetation to prevent erosion. MONITORING: Prior to commencing discharge to the Pajaro River, the City Managers shall hire a qualified consultant to undertake this survey and shall recommend to the City councils apppropriate contracts to carry out the stabilization program. The conduct of such program shall be monitored by the Public Works Inspectors of the cities. IMPACT DESCRIPTION: Biologic impacts due to variable rate of discharge (Finding B5). MITMON.DOC 01501-005 07/11/90 -7- . . MITIGATION MEASURE(S): The treatment plant will be designed and operated so as to moderate daily fluctuations and to release effluent at a nearly constant rate. For example, flow equalization basins and/or sufficient retention ponds will be constructed to retain wastewater during peak production periods to be released at a more steady rate throughout the day and night. Shading will be encouraged around retention ponds to reduce some warming of the water by the sun. MONITORING: The city Managers shall ensure that the final design of the plant incorporates these measures prior to recommending it to the Councils for approval. Daily flow rates shall be reported to the City Managers by the plant operators on a periodic basis, and they shall direct any necessary changes in operations to comply with this requirement. IMPACT DESCRIPTION: wildlife impacts due to sandbar breaching (Finding B6). MITIGATION MEASURE(S): The frequency of sandbar breaching at the pajaro Lagoon shall be monitored prior to and after discharges from the wastewater treatment plant operation. If the frequency of sandbar breaching increases significantly from treatment plant discharges and adversely affects fish and wildlife habitat, then a culvert or pump will be installed. The installation of a culvert or pump will regulate water levels to prevent significant changes in salinity or temperature, which will reduce this impact to insignificance. MONITORING: The City Managers shall hire a qualified consultant to monitor sandbar breaching at least two years prior to anticipated river discharge. After commencement of discharge, they shall determine, based upon an appropriate time period for observation at the recommendation of the consultant, whether the culvert or pump is required. If it is, they shall recommend so to the city councils and ensure that it is built. IMPACT DESCRIPTION: Biologic impact due to pipeline construction (Finding B7). MITIGATION MEASURE(S): The final engineering plans will avoid the riparian vegetation areas where feasible. Every attempt will be made to avoid impacts to sensitive and significant botanical resources (trees with trunk diameters greater than 18" in diameter). Potential impacts to Red-legged Frog and California Tiger Salamander will be avoided by surveying the actual locations where habitat would be disturbed by construction and avoiding any habitat that is actively in use by either of the species. Construction impacts to riparian habitat will be reduced to insignificance by the following mitigation measures: Construction operations (including grading) MITMON.DOC 01501-005 07/11/90 -8- . . shall be restricted to the pipeline construction corridors to the extent possible to minimize vegetation loss. Construction activity shall occur out of the riparian corridor, except where designated and where replacement mitigation has been approved. A buffer zone of 25' in width, measured outward from the riparian corridor, should be established. All construction activities, including storage of materials, discarding of spent material, and construction staging should occur outside of the buffer zone. The buffer zone should be fenced with plastic mesh "snow fencing" or chain link fencing prior to construction, such that the integrity of the Duffer is maintained. The loss of riparian habitat will be mitigated by the permit requirements of the Department of Fish and Game, calling for a one to one replacement (or greater) of impacted riparian habitat. MONITORING: The City Managers shall hire a qualified biologist to conduct the surveys referred to above, and shall verify that his recommendations are incorporated in the design. The construction mitigations shall be monitored by the Public Works Inspectors, reporting to the City Managers as part of normal construction contract supervision. IMPACT DESCRIPTION: Harm to riparian vegetation metals (Finding B9). due to heavy MITIGATION MEASURE (S) : Vegetation along the paj aro River shall be monitored downstream of the discharge point to determine if any adverse impacts are resulting from uptake of heavy metals present in the effluent. If it is determined that heavy metals are adversely affecting riparian vegetation, more stringent pretreatment standards will be implemented to reduce these metals. MONITORING: The city Managers shall hire a qualified biologist to conduct this biologic assessment and monitoring program, which shall include adequate baseline analysis prior to any discharge, as well as field measurements and surveys no less at times recommended by the consultant. The Managers shall supervise the biologist's work and recommend any necessary changes to the City Councils to implement by ordinance. IMPACT DESCRIPTION: Biologic impacts due to nickel in effluent (Finding B10). MITIGATION MEASURE (S) : Effluent discharged to the paj aro River will receive industrial pretreatment and comply with Basin Plan effluent limitations. In addition, nickel concentrations in treated wastewater will be reduced sufficiently through treatment and pretreatment to maintain existing concentrations of nickel in the pajaro River during both wet season discharge and dry season land disposal. MITMON.DOC 01501-005 07/11/90 -9- . . MONITORING: The city Managers shall concentrations through reports by the plant periodic basis to verify that concentrations appropriate levels. This will also be part supervision by the RWQCB. monitor nickel operators on a are kept at the of normal permit IMPACT DESCRIPTION: Secondary effect on fisheries (Finding B12). MITIGATION MEASURE(S): with respect to modifications to the channels of the pajaro River or Uvas Creek, impacts should be mItigated by complying with the requirements of a Stream Alteration Agreement from the California Department of Fish and Game, which would include provisions to mitigate any impacts to the riparian habitat. Protection of the riparian habitats is currently covered by several development policies of the city of Gilroy: for example, requiring that in natural drainage areas development be restricted for a greater distance of 250 feet from the center of a stream, or within the 100-year flood plain. Increased runoff is reduced by requiring that areas within the Llagas Creek storm drainage system be connected to that system, while developments outside that area require detention basins. Morgan Hill is also requiring detention basins where appropriate to reduce runoff into stream corridors. Dumping of toxic chemicals is expected to continue to be regulated by existing laws, including the pretreatment ordinances. In summary, while urban development can be expected to have potentially significant biological impacts, it is expected that continued application of existing practices and regulations, and continuing review of development applications for conformance with General Plan policies and procedures will mitigate these effects. MONITORING: The Planning Directors of the two cities shall review applications for development projects for conformance with the cities' general plans, and to ensure that these measures to protect stream corridors are followed. The City Managers shall ensure that the final design of any construction work to the pajaro complies with Department of Fish and Game requirements, and the cities' Public Works inspectors shall inspect the construction for compliance. IMPACT DESCRIPTION: Short-term air quality construction impacts (Finding AQ1). MITIGATION ME~SURE (S) : Standard dust-control construction measures required by the BAAQMD (as set out in detail in Table 3.5.6 in the Final EIR) to minimize potential particulate impacts resul ting from construction acti vi ties will be implemented to reduce these impacts to an insignificant level. MONITORING: These mitigations will be monitored by the MITMON.DOC 01501-005 07/11/90 -10- . . Directors of Public Works for the cities as part of normal contract supervision for public works contracts, with inspections by City Public Works inspectors. IMPACT DESCRIPTION: Odor from plant operations (Finding AQ2) . MITIGATION MEASURE(S): Odor impacts will be fully mitigated through the use of standard odor controls in the design of the facilities. The facility headworks will be covered and the recovered off-gases will be scrubbed. Potential headworks odors may also require in-sewer chemical treatment to reduce hydrogen sulfide. Standard odor control engineering techniques shall be included in the design of the primary clarifiers. The influent flow measuring structures shall be covered with subsequent off- gas scrubbing if adverse odors occur at this process point. MONITORING: The City Managers shall ensure that the final design of the plant incorporates these measures prior to recommending it to the Councils for approval. The City Managers shall determine (based upon complaints received, consultation with the BAAQMD and/or other data) if headworks odors are excessive; if so, they shall require appropriate in-sewer chemical treatment to reduce hydrogen sulfide. IMPACT DESCRIPTION: Secondary air quality impacts due to growth (Finding AQ3) MITIGATION MEASURE (S) : The secondary air quality impacts resulting from growth-related emissions will be partially mitigated by policies and mitigations set forth within the transportation, land use, and/or air quality elements of the General Plans of Gilroy and Morgan Hill. These mitigation measures fall into two groups: transportation control measures and land use measures. Transportation control measures are strategies designed to reduce vehicle trips, shorten vehicle trips or shift trips to nonautomobile modes. Land use measures attempt to develop a land form or land use mix that makes the transportation control measures more feasible or effective. The City of Gilroy is in the process of adopting an updated Circulation Element to its General Plan, which contains the goal of developing and maintaining a balanced transportation system. Specific policies to accomplish that goal are detailed in the Final EIR at page 3.5-15. The city of Gilroy is currently developing an Air Quality Element to its General Plan. This will include and perhaps strengthen the transportation and land use measures elsewhere in the Plan, and examine additional measures to reduce air quality degradation. The Morgan Hill General Plan also includes goals, policies, or actions in the Circulation and Land Use Elements that coincide with air quality planning goals. MONITORING: The Planning Director of Gilroy shall verify MITMON.DOC 01501-005 07/11/90 -11- . . that the above-referenced General Plan update is completed. Both Planning Directors shall then verify on a project by project basis that the relevant policies and development standards of their general plans that relate to reducing air quality impacts are taken into consideration in the approval process for new projects. IMPACT DESCRIPTION: Disturbance of cultural resources (Finding CR1) . MITIGATION MEASURE(S): Prior to project construction, cultural resource testing of the selected disposal acreage shall be undertaken, including field mapping, sampling and excavation. Final design of land disposal areas will avoid, to the extent feasible, any significant cultural resources identified by the archaeological testing. If a significant cultural resource disturbance is unavoidable, a data recovery program will be implemented under the direction of a qualified archaeologist to preserve the cultural information at the disturbed site. Should archaeological resources (prehistoric or historic cultural materials) be encountered during subsurface construction, work in that area will be stopped and an archaeologist notified. provisions of current state law must then be followed. Should human remains be encountered, the County Coroner's office shall be contacted. If the remains are of Native American origin, the procedures set forth in Section 7050.5 of the California Health and Safety Code shall be followed. As part of final site design the local Indian community should be consulted to insure mitigation of potential impacts to burial sites and other cultural resources of value to tribal customs. MONITORING: The City Managers shall hire a qualified consultant to do the testing and shall verify that the appropriate testing is done and that the final design complies with this mitigation measure. The provisions above regarding procedures to be followed if cultural resource materials are encountered during construction shall be written into the construction contract and monitored by the 'Cities' Public Works Directors as part of normal supervision of a public contract, with inspections by Public Works inspectors. IMPACT DESCRIPTION: Growth-inducing effect (Finding GI1) . MITIGATION MEASURE (S) : The proj ect is designed for the purpose of accommodating the planned growth of the cities. Development of the wastewater treatment plant will be phased to allow adjustments as necessary in the timing and amount of capacity to match the actual rate of growth for Gilroy and Morgan Hill, as governed by their General Plans and growth management MITMON.DOC 01501-005 07/11/90 -12- . . programs. The complete implementation of any al ternati ve will expand wastewater treatment plant capacity to 14.9 mgd. This capacity would be required based upon ABAG and Montgomery Engineers' growth projections for the year 2008. However, growth in Gilroy and Morgan Hill is managed under their General Plans, by Gilroy's Residential Development Ordinance and initiative Measure E in Morgan Hill, and may not reach the 2008 predictions. The phasing of capacity gives the cities the ability to limit the project to conform with actual growth. MONITORING: The Planning Directors of the cities shall continue to monitor their actual and expected growth. The Planning Directors shall review each development proposal for conformity with the cities' growth policies. The city Managers shall ensure that any recommended expansions of the plant are consistent with such growth. IMPACT DESCRIPTION: possible change in jobs/housing balance (Finding GI2) . MITIGATION MEASURE(S): appropriate policies for Morgan Hill presently have jobs and housing, described element of Gilroy's General along with the General Plan, Continuing implementation of the balanced growth. Both Gilroy and policies for achieving a balance in in the Urban Growth and Development Plan and through growth regulations, in Morgan Hill. MONITORING: The Planning Directors shall review each development application for compliance with the cities' policies on balanced growth to ensure compliance with this measure. IMPACT DESCRIPTION: Residential pressures in San Benito County (Finding GI3) . MITIGATION MEASURE (S) : continued implementation of City policies for a balance between jobs and housing in Gilroy and Morgan Hill as described in mitigation measure GI2 above will minimize this effect. San Benito County and the cities of San Juan Bautista and Hollister have jurisdiction and control over housing growth within their boundaries to limit development. These jurisdictions are urged to control housing growth within their boundaries in order to prevent or limit the adverse environmental affects resulting therefrom by use of their general plans and appropriate growth control ordinances as necessary. MONITORING: The Planning Directors shall review each development application for compliance with the cities' policies on balanced growth to ensure compliance with this measure as described above. The City Managers shall cause written notification to be given to San Benito County and Hollister of MITMON.DOC 01501-005 07/11/90 -13- . . this recommendation of the Final EIR. IMPACT DESCRIPTION: Impact on residents from acquisition of property for site 19 (Finding LU1). MITIGATION MEASURE(S): Final selection of suitable percolation pond land disposal areas within each candidate site shall avoid, to the extent possible, sites with residential uses. Owners of property rights which must be acquired will receive fair market value for such rights. MONITORING: The City Managers shall verify that final design complies with this requirement for site selection. Approval by the respective city Councils of all settlements with property owners shall be deemed compliance with the requirement for compensation. IMPACT DESCRIPTION: Loss of agricultural land due to growth (Finding LU2) . MITIGATION MEASURES: Phasing of the expansion of treatment plant capacity to match actual growth as governed by the cities' growth management programs rather than predicted growth reduces the impact of this effect. MONITORING: The Planning Directors of the cities shall continue to monitor their actual and expected growth. The Planning Directors shall review each development proposal for conformity with the cities' growth policies. The City Managers shall ensure that any recommended expansions of the plant are consistent with such growth. IMPACT DESCRIPTION: Disposal of solid wastes (Finding PS1). MITIGATION MEASURE(S): The cities should enter into agreements with landfill operators or make other arrangements to provide for such disposal. The cities of Morgan Hill and Gilroy and the San Martin area currently have a franchise agreement with the South Valley Refuse Disposal Company of Gilroy for secondary solid waste disposal service. Refuse is disposed of at the Company's Pacheco Pass landfill, with current remaining capacity beyond the year 2010. MONITORING: Continuing approval by the cities of agreements such as the above to provide for the disposal of solid waste shall be deemed compliance with this requirement. The city Managers shall advise the Councils in advance of the expiration of any such solid waste disposal agreements so that new or extended agreements may be negotiated. MITMON.DOC 01501-005 07/11/90 -14- . . IMPACT DESCRIPTION: Growth-induced impacts on public services (Finding PS2). MITIGATION MEASURE (S) : New development occurring in the cities should be evaluated for effects on service providers and conditions of mitigation imposed as required on the development, including but not limited to, formation of assessment districts and imposition of development impact fees to finance expansion of services. New development in the unincorporated area is' controlled by the County of Santa Clara and it is within County jurisdiction and authority to similarly regulate such growth. The Morgan Hill Unified School District and Gilroy Unified School District should consider methods to increase school capacity, including year-round school terms and double sessions, in addition to financing provided by the state funds or new development impact fees. MONITORING: The Planning Directors shall evaluate each proposed new development on a project by project basis for its effect on public services and recommend conditions to the Councils to mitigate public service impacts. The City Managers shall give written notice t,o the County and the two school districts of this recommendation of the Final EIR. IMPACT DESCRIPTION: Traffic effects due to growth (Finding T1) . MITIGATION MEASURE(S): The cities of Gilroy and Morgan Hill will continue to plan and fund traffic improvements identified to accommodate growth pursuant to their General Plans. They will monitor traffic growth as new developments are approved, and impose traffic mitigation measures if required to increase capacity along major routes in the Cities to accommodate expansion of Highway 101 and State Route 152. The State Department of Transportation, Caltrans, is currently planning the improvement of State Route 152 from two to four lanes between State Route 156 and Bell Station. Construction is scheduled to be completed by 1992. Caltrans plans to widen State Route 152 between State Route 156 and U.S. Highway 101 by the year 2000. Long-range plans also call for the widening of U.S. Highway 101 to eight lanes between State Route 152 and Bernal Road, and to six lanes between Gilroy and the San Benito County line to the south. These projects will be completed before the year 2000. MONITORING: The city Engineers shall evaluate each proposed new development on a project by project basis for compliance with the cities' traffic policies and recommend appropriate mitigating conditions to the Councils as well as recommending appropriate MITMON.DOC 01501-005 07/11/90 -15- . . improvements to be planned and funded by the Cities. Managers shall give written notice to Caltrans recommendation of the Final EIR. The City of this IMPACT DESCRIPTION: Cumulative discharges of TDS to upper semi- perched aquifer (Finding CU1). MITIGATION MEASURE(S): See discussion related to Finding WQ2 for the mitigations to be implemented by the cities. In addition, The Regional Water Control Board is urged to apply similar mitigations to other dischargers. - MONITORING: wi th regard to the contributions from the treatment plant itself, the city Managers shall propose an appropriate ordinance revision to the cities for adoption prior to any treatment plant expansion. Compliance with RWQCB permit requirements is monitored on an ongoing routine basis by the RWQCB. with respect to the contributions of other dischargers, the City Managers shall give written notice to the RWQCB of this recommendation of the Final EIR. IMPACT DESCRIPTION: Water quality impact of cumulative discharge of copper to Pajaro River in the dry season (Finding CU2) . MITIGATION MEASURE(S): With regard to copper resulting from the treatment plant effluent seepage, pretreatment for copper and/or wastewater treatment shall be undertaken to maintain concentrations in the river at or below current levels in the dry season. The Regional Water Quality Control Board is also urged to adopt more stringent standards for other dischargers to reduce this potential impact to a level of insignificance. MONITORING: The City Managers shall ensure that the final design of the plant incorporates suitable treatment for copper prior to recommending it to the Councils for approval and/or shall recommend appropriate changes to the pretreatment ordinace for approval. ongoing monitoring of influent and effluent shall be reported to the City Managers by the plant operators on a periodic basis, as well as to the RWQCB pursuant to their normal procedures. with regard to regulating other dischargers, the City Managers shall give written notice to the RWQCB of this recommendation of the Final EIR. IMPACT DESCRIPTION: Cumula~ive removal of riparian habitat due to flood control work (Finding CU3) . MITIGATION MEASURES: Mitigation for the from construction of a line or outfall would be compliance with the California Department of permi t requiring a minimum one to one (1: 1) riparian impacts provided for by Fish and Game replacement (or MITMON.DOC 01501-005 07/11/90 -16- . . greater) of impacted riparian habitat. See also discussion of mitigation measures related to Finding B7, above. Mitigation for riparian vegetation removal from flood control maintenance (by Santa Cruz County Public Works Department) would require sufficient channel enlargement or levee construction so that the channel could accommodate peak flood flows without removing channel vegetation. The Santa Cruz County Public Works Department is urged to undertake such mitigation MONITORING: The City Managers shall verify that the appropriate permit is obtained. Compliance with the permit during construction shall be monitored by the Public Works Directors with inspection by publ ic Works inspectors. The city Managers shall give written notice to the Santa Cruz County Public Works Department of this recommendation of the Final EIR. IMPACT DESCRIPTION: Sandbar breaching due to cumulative discharges (Finding CU4). MITIGATION MEASURES: The frequency of sandbar breaching at the pajaro Lagoon shall be monitored prior to and after discharges from the ~3stewater treatment plant operation. If the frequency of sandbar breaching increases significantly from treatment plant discharges and adversely affects fish and wildlife habitat, then a culvert or pump will be installed. The installation of a culvert or pump will regulate water levels to prevent significant changes in salinity or temperature, which will reduce this impact to insignificance. MONITORING: The City Managers shall hire a qualified consultant to monitor sandbar breaching sufficiently in advance of anticipated river discharge to develop an adequate baseline analysis. After commencement of discharge, they shall determine, based upon an appropriate time period for observation at the recommendation of the consultant, whether the culvert or pump is required. If it is, they shall recommend so to the City Councils and ensure that it is built. IMPACT DESCRIPTION: Riparian impacts due to increased cumulative runoff from communities in San Benito and Santa Cruz Counties (Finding CU5). MITIGATION MEASURES: The quantity and quality of runoff into the pajaro River could be controlled by implementation of local storm drainage standards requiring the construction of storrnwater retention systems and the installation and maintenance of grease and sediment traps. As discussed in finding B12 above, the Cities are undertaking these mitigation measures for their own part, but cannot completely mitigate this cumulative effect by themselves. Other public entities in which this growth may occur are urged to MITMON.DOC 01501-005 07/11/90 -17- . . undertake similar mitigation measures to reduce the cumulative effect of urban runoff. MONITORING: See discussion above related to Finding B12 for the monitoring program for the mitigations undertaken by the Cities. In addition, the City Managers shall give written notice to the two counties and to all local cities therein of this recommendation of the Final EIR. IMPACT DESCRIPTION: Cumulative impacts on regional air quality (Finding CU6). MITIGATION MEASURES: See discussion above related to Finding AQ3 for the mitigations to be undertaken by the cities themselves. The Cities shall also give written notice to the Bay Ar.ea Air Quality Management District, and each other similar district covering San Benito, Santa Cruz and Monterey Counties of the recommendations for mitigations given in the Final EIR and the findings. MONITORING: See discussion above related to Finding AQ3 for the monitoring program for the mitigations to be undertaken by the cities. In addition, the City Managers shall give written notice to the Bay Area Air Quality Management District, and each other similar district covering San Benito, Santa Cruz and Monterey Counties of the recommendations for mitigations given in the Final EIR and the findings. PASSED AND ADOPTED this special meeting of the following called vote: 24th day of September ,1990, at a Gilroy City Council by the AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: HALE NOES: ABSTAINING: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ;I.~ MITMON.DOC 01501-005 07/11/90 -18- .,. . . -, . ,. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 90-69 is an original resolution, duly adopted by the Council of the City of Gilroy at a special meeting of said Council held on the 24th day of September ,19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 26th day of September 19 90. (Seal)