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Res P-11-19RESOLUTION NO. P -11 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 11 -01 EPHEMERAL TRIBUTARY TO RATTLESNAKE CREEK STREAMBANK STABILIZATION PROJECT APNS: 314 - 830 -01, 314 - 830 -02, 314 - 194 -33, 314 - 194 -34, 314 - 194 -36, 314 - 194 -37, 314 - 194 -38, 314 - 194 -39, 314 - 194 -48, 314 - 194 -55, AND 314 - 194 -66 WHEREAS, Environmental Assessment (EA) 11 -01; City of Poway, Applicant, proposes the construction of approximately 650 linear feet of channel streambank improvements along a Rattlesnake Creek tributary located between Kentfield Drive and Norwalk Street in the Residential Single Family -4 zone; and WHEREAS, the Resource Agencies have required the City to design and construct a permanent solution to the channel's past erosion problems; and WHEREAS, the City Council has read and considered the Agenda Report for the proposed project and has considered other evidence presented at the public hearing; and WHEREAS, on July 19, 2011, the City Council held a public hearing on the above - referenced item, to solicit comments from the public both pro and con. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1 : An Environmental Initial Study (EIS) Mitigated Negative Declaration (MND) and Mitigation Monitoring Program were completed for Environmental Assessment 11 -01. It was determined that while the project will not have a significant adverse impact on the environment, there could be potential impacts in the areas of biological and archeological resources. With the inclusion of the mitigation measures contained in the EIS and Mitigation Monitoring Program, shown as Exhibit A of this Resolution, all anticipated impacts can be mitigated to a level of less than significant. The City Council therefore approves a Mitigated Negative Declaration (MND) and the associated Mitigation Monitoring Program for the project. Section 2: The City Council hereby approves Environmental Assessment 11 -01, to allow the construction of approximately 650 linear feet of channel streambank improvements along a Rattlesnake Creek tributary located between Kentfield Drive and Norwalk Street, subject to the following conditions: A. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. The applicant shall comply with the Poway Municipal Code, and all other applicable codes and ordinances. Resolution No. P -11 -19 Page 2 B. Development on the site must comply with the Poway Noise Ordinance (Chapter 8.08 PMC). Construction work is specifically regulated by PMC 8.08.100, which states that it is unlawful to operate any single or combination of powered construction equipment at any construction site before 7:00 a.m. or after 5:00 p.m., Monday through Saturday, or at any time on a Sunday or holiday, except as provided in PMC 8.08.100. C. Prior to issuance of a Notice to Proceed, unless other timing is indicated, the contractor shall complete the following: 1. Submittal of a request for and hold a pre- construction meeting with a City Engineering Inspector. The contractor shall be responsible that necessary individuals such as, but not limited to, contractors, subcontractors, project civil engineer, and project soils engineer, must attend the preconstruction meeting. 2. The limits of grading shall be staked in the field prior to commencing grading. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor, and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. Construction crews should be made fully aware of these boundaries. 3. A separate erosion control plan shall be submitted for prevention of sediment runoff during construction that will contain Best Management Practices such as an effective method of hillside erosion and sediment control, a material storage site, measures to protect construction material from being exposed to storm runoff, and other means to effectively eliminate pollutants from entering the drainage channel. The contractor shall make provisions to ensure proper maintenance of all erosion control devices. 4. Erosion control, shall be installed and maintained from October 15 to April 15. The erosion control plan included in the bid package shall be followed and maintained. The developer shall make provisions to ensure proper maintenance of all erosion control devices. 5. Staging areas for equipment and materials should not be located in immediate proximity to the channel or on unmitigated habitat areas. The applicant shall contact the Planning Division to determine if a Temporary Use Permit is required for the staging areas. Resolution No. P -11 -19 Page 3 6. Non - supervised or non - engineered fill is not allowed. Rock disposal areas shall be graded in compliance with City- approved soils recommendations and the approved grading plans. 7. A Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in a public street rights -of -way or City -held easements. 8. If vegetation removal within the stream needs to occur between January 1 and September 15, a qualified biologist will conduct a survey for nesting birds within one week of the vegetation removal, and ensure no nesting birds will be impacted by the project. If nesting birds are present, no work will occur until the young have fledged and will no longer be impacted by the project. 9. The morning prior to clearing or grading, a qualified biologist shall flush or relocate animals to an appropriate habitat nearby. 10. Additional measures to avoid impacts to wildlife include (1) installation of perimeter exclusion fencing; and (2) the morning prior to clearing or grading, a qualified biologist shall flush or relocate animals to an appropriate habitat nearby. Following work activities, stabilized areas shall be planted and /or seeded with native plant species using local propagules to the extent possible. 11. All earth - moving activities necessary for the project shall be monitored by a qualified archaeologist who shall have the power to halt earth- moving activities if archaeological material is encountered. An archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for a Prehistoric Archaeologist shall evaluate the archaeological material using National Register of Historic Places eligibility Criterion D, determine the significance of the find, and provide proper management recommendations. Project personnel shall not collect cultural resources found. Prehistoric cultural material includes, but is not limited to, chert or obsidian flakes, projectile points, mortars, and pestles, dark friable soil containing shell and bone dietary debris, heat - affected rock, human burials, shell midden deposits, hearth remains, and stone and /or shell artifacts. Historic material including, but not limited to, stone or adobe foundations or walls, structures and remains with square nails, whole or fragmentary ceramic, glass or metal objects, wood, nails, brick, or other materials may occur within the project area in deposits such as old privies or dumps. Any identified cultural resources shall be recorded on DPR 523 historic resource recordation forms. 12. If paleontological resources are encountered during construction, all work shall be halted within a 30 -foot radius of the findings and a qualified Resolution No. P -11 -19 Page 4 paleontologist shall be retained to ascertain the nature of the discovery, the significance of the find, and provide proper management recommendations. Project staff shall not collect any paleontological resources found on site. 13. Obtain a tree removal permit prior to the grading and /or the removal of any tree. D. Compliance with the following conditions is required following construction of the project. 1. Environmental monitoring through the first two rainy seasons to ensure that native vegetation has established and continues to grow, and that the stabilization improvements are successful. Quarterly monitoring will be performed by a qualified restoration ecologist or biologist, and more frequent monthly monitoring will be performed by the City of Poway Public Works, especially during the rainy season to monitor conditions after storm events. 2. The graded and stabilized areas shall be landscaped with native plant species per the project plans using local plant cuttings to the extent possible. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 19th day of July 2011. Don Higginson, Mayor ATTEST: U a A. royan, MMC, City Clerk Resolution No. P -11 -19 Page 5 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 11 -19, was duly adopted by the City Council at a meeting of said City Council held on the 19th day of July 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE L A)Troyan, MMC, City'CIerk ity of-Poway