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HomeMy WebLinkAboutReso 178-03 AlmoCrkBkePath03-08RESOLUTION NO. 178 - 03 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF DUBLIN ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM' AND AWARDING CONTRACT NO. 03-08, ALAMO CREEK BM PATH PROJECT, AMADOR VALLEY BOULEVARD TO NORTH CITY LIMITS WHEREAS, the City of Dublin proposes to construct a 12-foot wide public bicycle path along the westerly side of Alamo Creek between Amador Valley Boulevard and the northerly Dublin City limits on an existing gravel maintenance road; and WHEREAS, the City prepared an Initial Study to evaluate the potential environmental impacts of constructing and operating the bicycle path. Based on the Initial Study, the City prepared a Mitigated Negative Declaration dated July 2003 (attached as Exhibit A and incorporated herein by reference) and circulated it for public review from July 7, 2003, through AugUst 5, 2003; and WHEREAS, the City received eight letters commenting on the Mitigated Negative Declaration. Although not required by CEQA, the City prepared written responses to the comments. The comment letters and the City's responses are attached as Exhibit B and incorporated herein by reference. The responses provide the City's good faith, reasoned analysis of the environmental issues raised in the comments, including but not limited to the following, 1. The bike path project involves minor physical improvements related to paving the existing Zone 7 gravel maintenance road. These improvements are described and analyzed in the Mitigated Negative Declaration, and mitigation measures are proposed for identified potentially significant construction impacts, for example, air quality and noise. The City concluded that potential physical and construction impacts will be less than significant. 2. The bike path would open the improved maintenance road for public use for pedestrian and non-motorized bicycle use; Zone 7 maintenance tracks would continue to use the paved path. Much of the public testimony and comments on the draft Mitigated Negative Declaration addressed the potential environmental effects of public use of the bike path, such as increased noise to adjoining residents, potential disturbance of wildlife, increased crime and police calls, and potential safety hazards to path users from waters in the creek. The public use issues analyzed in the Mitigated Negative Declaration were considered again as responses were prepared to individual comments. The City concluded that potential impacts related to public use of the path will be less than significant. 3. CEQA prOvides a low threshold for preparation of an EIR. The City appropriately reviewed the project and comments submitted on the Mitigated Negative Declaration under the fair argument standard to determine if there was substantial evidence, ofa fair argument that the bike path project could have a significant effect on the environment, thus requiring preparation of an EIR rather than the Mitigated Negative Declaration. Using this standard, the City determined that although the project is controversial, neither the project as analyzed in the Mitigated Negative Declaration nor public comments on the document met the fair argument standard, and no EIR was required. The comments often reflected disagreement with the project and varying opinions about its effects, but the opinions were not supported by substantial evidence to meet the fair argument standard. · I 4. Preparation of a Mitigated Negative Declaration was appropriate under CEQA because there is no substantial evidence that the project as mitigated could resuk in significant or potentially significant environmental effects; and WHEREAS, the proposed bike Path is shown on the adopted General Plan Circulation Element Bikeways map, Figure 5-3a; and ' WHEREAS, the proposed bike path was among the CIP projects reviewed by the Planning Commission and found consistent with the General Plan pursuant to Government Code sections 65401 and 65402 through Resolution 03-28, dated June 10, 2003; and l WHEREAS, the City of Dublin did, on August 5, 2003, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans, SpecifiCations, and Modifications for Contract No. 03-08, Alamo Creek Bike Path Project - Amador Valley Boulevard to North City Limits, authorized by the City Council on May 20, 2003, which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the City Engineer, who prepared a Staff Report reviewing the project and recommending that the bid hereinafter mentioned is the lowest and best bid for doing said work; and WHEREAS, the City Council considered the Staff Report, the Mitigated Negative Declaration, comments on the Mitigated Negative Declaration and response! thereto, and all written and oral testimony at a duly noticed public hearing on August 19, 2003; and WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is contained in attached Exhibit C, and is incorporated herein by reference; and ~-IEREAS, the location and custodian of the documents which constitute the record of proceedings for the project is the City of Dublin Public Works~ Department, 100 Civic Plaza, Dublin, CA 94568, Attn: Steven Yee. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds as follows: A. The foregoing recitals are tree and correct and made a part of this resolution. B. The potential environmental effects of the Alamo Creek Bicycle Path project have been analyzed in the Initial Study/Mitigated Negative Declaration, which determined that the project will not have a significant effect on the environment with the application of mitigation measures identified in the Mitigated Negative Declaration. The mitigation measures are also reflected in a Mitigation Monitoring and Reporting Program, which ensures that they will be implemented through the bike path project· There is no substantial evidence in light of the whole record before the City that the project as mitigated could have a significant effect on the environment. ~ C. The Mitigated Negative Declaration has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Enviromental Guidelines. D. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed bicycle path. BE IT FURTHER RESOLVED that based on the aforementioned f'mdings, the City Council hereby adopts the Mitigated Negative Declaration for the Alamo Creek Bicycle Path project, consisting of Exhibits A and B, as described heretofore and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit C, which is incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council hereby awards City of Dublin Contract No. 03-08 to the lowest responsible bidder therefor, to wit, Grade Tech, Inc., at a bid of One Hundred Fifty-Six Thousand, Six Hundred Thirty-Nine Dollars and Fifty Cents ($156,639.50), the particulars of which bid are on file in the Office of the City. PASSED, APPROVED AND ADOPTED this 19th day of August, 2003. AYES: Councilmembers McCormick, Sbranti and Zika and Mayor Lockhart NOES: Councilmember Oravetz ABSENT: None ABSTAIN: None K2/G/8-19-03/reso-alamo ck bike path. doc (Item 7.1) Mayor g:XmiscprojLMamo Creek Bike Pathkreso award 3