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)