HomeMy WebLinkAboutRES NO 43-99RESOLUTION NO. 4 3' 9 9
RESOLUTION MAKING FINDINGS AND APPROVING
NEGATIVE DECLARATION FOR THE ACQUISITION
AND USE OF FARMLAND FOR RECLAIMED TREATED
EFFLUENT WATER AND APPLICATION OF LOCALLY
GENERATED BIOSOLIDS RELATED TO THE EXPANSION
OF WASTEWATER TREATMENT PLANT NO. 2
WHEREAS, in accordance with Order No. 97-104 issued by the California
Regional Water Quality Control Board, Central Valley Region (June 20, 1997), the City of
Bakersfield proposes to acquire and use 990 acres of farmland to accommodate the previously
approved expansion of Wastewater Treatment Plant No. 2; and
WHEREAS, approximately 2,360 acres, as shown on attached Exhibit "A" are
under consideration for acquisition by the City; and
WHEREAS, the City will only acquire land from willing sellers; and
WHEREAS, said acquisition is targeted to be completed by July 1, 1999; and
WHEREAS, the Council of the City of Bakersfield, in accordance with provisions
of Government Code Section 21091 and City Council Resolution No. 68-98, CEQA
Implementation Procedures, the City Council conducted and held a public hearing on
WEDNESDAY, JANUARY 13, 1999, on the above-described proposed project, notice of time
and place of the hearing having been given at least ten (10) calendar days before the hearing
by publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, at said Council hearing several interested parties voiced concerns
over lands identified for potential acquisition; and
WHEREAS, the public hearing was closed and the item was referred to the
Water Board for review and to allow staff time to contact those who spoke at the January 13,
1999 hearing; and
WHEREAS, at the February 17, 1999, meeting of the Water Board staff
presented a project overview and status report to board members, including progress regarding
public contacts with those concerned about the project; and
WHEREAS, staff contacted all those who voiced concerns over the project and
the project has been adjusted to respond to all concerns voiced; and
WHEREAS, adjustments to the project included deletion of some areas for
acquisition consideration and additional mitigation measures; and
WHEREAS, the item was placed on the April 14, 1999, Council agenda for
approval of the proposed negative declaration for the project; and
WHEREAS, for the above-described project, an Initial Study was conducted and
it was determined that the proposed project would not have a significant effect on the
environment and a Negative Declaration, with mitigation, was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by the city staff and the City Council;
and
WHEREAS, On July 15, 1998, Kern County adopted a finding pursuant to
Government Code Section 65402 that the City's acquisition of additional farmland as described
is consistent with the Metropolitan Bakersfield 2010 General Plan and Kern County Year 2000
General Plan; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. The acquisition of 990 acres of additional farmland related to the expansion of
Wastewater Treatment Plant No. 2 is necessary for the public health, welfare and safety.
4. Mitigation measures as shown on attached Exhibit "B" are incorporated into the
project description, would avoid or reduce the impacts to less than significant.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings incorporated herein, are true and correct.
The Negative Declaration, as mitigated, for the above-described project is
hereby approved and adopted.
......... o0o .........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on APR Z t 1999, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio Cle~r of the
Council of the City of Bakersfield
APPROVED APR 14, 1999
BOB PRICE
MAYOR of Bakersfield
APPROVED as to form:
CARL HERNANDEZ, III
Assistant City Attorney
S :\J E N G\WWT2\wwt2-res .wpd
April 7, 1999
EXHIBIT A- LOCATION MAP
POTENTIAL FARMLAND ACOUISITION FOR
WASTEWATER TREATMENT PLANT #2 EXPANSION
HOSKING
32
lr3os, R28(
T31S, R2BE ~
(.:
." 10
I
C4/.,//NTE'CREX
,= DiGIORGLO RD.
II 12
BUE:N~ ~qSTA BLVO,
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24
LEGEND
EXISTING CI/Y FARM
PLANT NO, 2
[7"//~ CITY TREATMENT
~ FACILITIES
POTENTIAL LAHD
ACQ~IISITION
WREMOVED FROM
POTENTIAL ACQUISITION
=maremini ~ UMffS
I,m,, .__w AS OF 7/20/98
2010 GENERAL
· · · · PLAN BOUNDARY
PUBLIC CONCERN AREAS
O,~::~ MR. & MRS. COLSON
(~)M$, BAILEY
(~MR. VERNON STENDERUP
(~MR, ROBERT LoRUDE
(~I,4R. STEVE LEWIS
(~MR. CHARLES ARIAS
(~)MR. GERRY NELT
32 53
27 z,e Z5
34 35 36
0 I
SCALE IN M~.B
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OATIf; 4/7/99
EXHIBIT "B"
FARMLAND ACQUISITION:
WASTEWATER TREATMENT PLANT NO. 2 EXPANSION
MITIGATION MEASURES
Soils - Mitigation.
A. Comply with regulations as required by Order No. 97-104 issued by the California
Regional Water Quality Control Board, Central Valley Region (June 20, 1997).
B. Comply with the Biosolids Management Plan for Plant 2 (Carollo Engineers,
1997).
C. Adherence to State and Federal regulations related to use of treated effluent
water and application of biosolids would result in impacts to soils to a level less
than significant.
Water- Mitigation:
A. Comply with regulations as required by California Regional Water Quality Control
Board, Central Valley Region Order No. 97-104 (June 20, 1997).
B. Adherence to State and Federal regulations related to use of treated effluent
water and application of biosolids would result in impacts to soils to a level less
than significant.
Air Quality - Mitigation:
A. Compliance with the San Joaquin Valley Unified Air Pollution Control District's
Fugitive Dust Control Rules (Regulation VIII).
B. In order to reduce dust, the farm operator shall have controlled access to dirt
roads and farmland. Vehicles shall be limited to farm operation and wastewater
plant vehicles. Gates shall be locked to prohibit the general public from
accessing farmland.
C. Use existing roads to serve new sites where possible.
D. Plan new roads as far away from existing sensitive receptors as possible.
Wastewater- Mitigation:
A. Comply with regulations as required by California Regional Water Quality Control
Board, Central Valley Region Order No. 97-104 (June 20, 1997).
B. Adherence to State and Federal regulations related to use of treated effluent
water and application of biosolids would result in impacts to soils to a level less
than significant.
Exhibit "B"
Wastewater Treatment Plant 2 Expansion
Page 2
Incidental uses - Mitigation:
Upon the City receiving notice of the need to access project lands by utilities,
mineral interests, or others having rights of access to perform construction,
operations, and/or maintenance of facilities, the City shall coordinate with said
party to assure that project operations reasonably accommodate said party's
rights of access. Project operations shall be altered as necessary to
accommodate incidental uses for the purpose of promoting a safe and healthy
working environment.
Land use compatibility - Mitigation:
To address the concerns of adjacent water districts (Arvin-Edison Water Storage
District), in addition to the California Regional Water Quality Control Board requirements
for biosolid application setbacks, the following setback will be observed:
A. Three hundred feet from any surface water canals or drainage courses.
S:~JENG\WWT2\Exhb-mm.wpd
April 7, 1999
PROJECT OVERVIEW
FARMLAND ACQUISITION:
WASTEWATER TREATMENT PLANT NO. 2 EXPANSION
As a condition of the State Revolving Fund Loan, the City is required to acquire an additional
990 acres of farmland by July 1, 1999 for future effluent spreading operations. The acquisition
of farmland is also to comply with California Regional Water Quality Control Board, Central
Valley Region Order No. 97-104 (June 20, 1997) related to the expansion of Wastewater
Treatment Plant No. 2. The expansion was approved by the City Council in 1990, and is
consistent with the expected growth projections in the Metropolitan Bakersfield 2010 General
Plan. The City would only acquire lands from willing sellers. Application would occur on
farmland used for fodder, fiber and seed crops and would not occur on any crop used for human
consumption.
Use of treated effluent water to irrigate crops has been in practice for several decades without
controversy or negative consequences.
The City of Bakersfield shall only apply biosolids locally generated by Wastewater Treatment
Plants No. 2 and 3. The City has a proven track record for safe and responsible handling and
application of biosolids. For the past several decades, the City has used treated effluent water
and locally generated biosolids on farmland operations to grow fodder, fiber and seed crops not
used for human consumption. The City has not had a complaint or experienced health and
safety problems related to biosolids application. Farm operators using the biosolids are
required to post warning signs, secure farmlands from public access, and incorporate the
biosolids as soon as possible after delivery of biosolids to the farmland. Farm workers are
educated on safe biosolid handling practices. Studies and risk assessments indicate that farm
workers, who would have the most exposure to biosolids applications are adequately protected
by federal regulations regarding biosolids application (Cornell University Waste Management
Institute, 1996)
The City's wastewater treatment plants produce Class B biosolids. These biosolids are a
product of stringent regulations and processing by the wastewater treatment plants. First, the
City must comply with California Regional Water Quality Control Board, Central Valley Region
Order No. 97-104 (June 20, 1997), which ultimately governs the expansion of Wastewater
Treatment Plant No. 2. Order No. 97-104 requires to City to acquire an additional 990 acres of
farmland to have available for application of treated effluent water and application of locally
generated biosolids. Secondly, the City complies with the following State approved plans:
"Wastewater Treatment Plant 2, Operations and Maintenance Manual" Includes
policies and procedures related to the irrigation techniques and requirements to comply
with the public health regulations. The types of crops using treated effluent water and
locally generated biosolids are alfalfa, barley and pasture grasses.
"Biosolids Management Plan:" The plan determines the application rate and handling
procedures in processing and handling the biosolids.
Project Overview
Wastewater Treatment Plant 2 Expansion
Page 2
"Pretreatment Plan:" This program requires the City to identify and monitor industries
that have potential toxic pollutants to limit heavy metal discharge into the City's sewer
system, resulting in lower amounts of heavy metals carried into the biosolids generated
by the City's treatment plants.
"Annual Groundwater Quality Testing:" An annual report is submitted to the California
Regional Water Quality Control Board, Central Valley Region.
Many of the recommendations proposed by the Cornell study are also requirements of the City's
various plans in processing and applying biosolids, In addition, the City is required to comply
with all state and Federal regulations regarding the operations of its wastewater treatment
plants and resulting by-products, such as treated irrigation water, biosolids and groundwater
quality.
The site is located adjacent to or contains canals. The proposal will not result in changes to the
operations of the canals, in currents, the course or direction of surface water movements. The
project will not result in discharge into any surface water, alter surface water quality to a
significant degree, including but not limited to temperature, dissolved oxygen or turbidity.
Application of treated effluent water and biosolids shall be in conformance with State and
Federal regulations and in compliance with California Regional Water Quality Control Board,
Central Valley Region Order No. 97-104 (June 20, 1997).
Treated effluent water for irrigating farmland is surface irrigation and not deep percolation. This
technique and the implementation of the State approved application rate would not affect the
usable groundwater supply.
Based on the factual evidence that the City has a long history of complaint-free and responsible
use of treated effluent water and application of locally generated biosolids, the requirement to
comply with state and federal regulations, and State approved management plans, the City, as
lead agency, is of the opinion that the proposed project would not have a significant effect on
the environment as mitigated (Public Resources Code Section 21082(a). This determination is
further based on staff's determination that there exists no substantial evidence, in light of the
whole record before the Council, upon which a fair argument can be made that the proposed
project may have a significant effect on the environment (Government Code Section 21082.2(b-
d); CEQA Guidelines Section 15384(a)).
An Initial Study and Negative Declaration were prepared and circulated to responsible agencies
and interested parties. The Initial Study was sent to the State Clearinghouse for a 30 day public
review period (SCH 98101064), which ended on November 20, 1998. A notice of public hearing
was sent to all property owners within one half mile of the project site on October 16, 1998 and
November 20, 1998.
The City Council has reviewed the proposed negative declaration and all comments and
responses to the proposed environmental document in previously transmitted material. Those
who spoke in opposition to the project at the January 13, 1999, Council hearing were contacted
by staff and controversial areas of acquisition have been deleted from purchase consideration.
Project Overview
Wastewater Treatment Plant 2 Expansion
Page 3
The original project areas, and areas removed from consideration are depicted on the map
attached to the resolution.
On July 15, 1998, Kern County adopted a finding pursuant to Government Code Section 65402
regarding the City's acquisition of additional farmland as described. The County found the
acquisitions consistent with the Metropolitan Bakersfield 2010 General Plan and Kern County
Year 2000 General Plan.
JM:pjt
April 7, 1999
s:jeng\wwt2~po
CITY OF
WATER RESOURCES DEPARTMENT
GENE BOGART, Manager
FLORN CORE, Water Resources Director
PATRICK E. HAUPTMAN, Superintendent 326-3006
STEVE LAFOND. Forecasting and Records 326-3007
MAURICE RANDALL, Business Manager 326-3704
KERN RIVER DISPATCHER 326-3716
March 3, 1999
Mr. and Mrs. Robert Colson
2141 DiGiorgio Road
Bakers field, CA 93307
RE: WASTEWATER PLANT NO. 2 ~ Farmland Acquisition Sites
Dear Mr. and Mrs. Colson:
Thank you for your participation in the City of Bakers~eld's initial study to acquire
additional farmland for the expansion of Wastewater Plant No. 2. As a result of the public input
received and upon further review by staff, no additional farmland property located in Section 9
of T31 S, R38E will be considered for potential acquisition. This decision is due primarily to the
proximity of existing residents on DiGiorgio Road and the location of the Caliente Creek
floodplain to the potential farm sites.
Again, thank you tbr your input to this project. If you have any questions or need further
information at this time, please don't hesitate to call me.
Sincerely,
GEN E BOGART
Wate7 Resources Manager
GB:sr
Raul Rojas, Public Works Director
Jack Hardisty, Development Services Director
Don Anderson, Senior Property Agent
1000 BUENA VISTA ROAD
BAKERSFIELD CALIFORNIA 9331
(805) 326-3715
CITY OF
CALIFORNIA
WATER RESOURCES DEPARTMENT
GENE BOGART, Manager
FLORN CORE, Water Resources Director
PATRICK E. HAUPTMAN, Superintendent 326-3006
STEVE LAFOND, Forecasting and Records 326-3007
MAURICE RANDALL, Business Manager 326-3704
KERN RIVER DISPATCHER 326-3716
March 3, 1999
Nan's Land Trust
Attention: Ms. Bailey
25256 Terreno Drive
Mission Viejo, CA 92691-5528
RE: WASTEWATER PLANT NO. 2 - Farmland Acquisition Sites
Dear Ms. Bailey:
Thank you for your participation in the City of Bakers~eld's initial study to acquire
additional farmland for the expansion of Wastewater Plant No. 2. As a result of the public input
received and upon further review by staff, the farmland property located in Section 28 of T31 S,
R28E will no longer be considered as a potential acquisition site for this project.
Again, thank you for your input to this project. If you have any questions or need further
information at this time, please don't hesitate to call me.
Sincerely,
GENE BOGART
Water Resources Manager
GB:sr
CO:
Raul Rojas, Public Works Director
Jack Hardisty, Development Services Director
Don Anderson, Senior Property Agent
S:\I999MEMOS\BaileyLtrWWPIt2
1000 BUENA VISIA ROAD
BAKERSFIELD. CALIFORNIA 93311
(805) 326-371:5
CITY OF
.~_L~c, b ~',L~=c.L,L_o I CALIFORNIA
WATER RESOURCES DEPARTMENT
GENE BOGART, Manager
FLORN CORE, Water Resources Director
PATRICK E. HAUPTMAN, Superintendent 326-3006
STEVE LAFOND, Forecasting and Records 326-3007
MAURICE RANDALL, Business Manager 326-3704
KERN RIVER DISPATCHER 326-3716
March 5, 1999
Mr. Robert LeRude, Manager
Bear Mountain Recreation & Park District
10300 San Diego Street
Lamont, CA 93241
RE: WASTEWATER PLANT NO. 2 - Farmland Acquisition Sites
Dear Mr. LeRude:
Thank you for your participation in the City of Bakers~eld's initial study to acquire
additional farmland for the expansion of Wastewater Plant No. 2. As a result of the public input
received and in follow-up to our earlier conversation, an additional ¼ mile buffer will be provided
for the existing park located on Buena Vista Blvd. in Section 13 of T31S, R28E. The City has
subsequently reduced the potential acquisition area in Section 14 of T31S, R28E. to the southwest
quadrant of the section only. This will provide for a full mile of separation between the existing
park and the potential farmland acquisition site.
Again, thank you for your input to this initial project study. If you have any questions or
need further information at this time, please don't hesitate to call me.
GEN:i BOGART
Water Resources Manager
GB:sr
CO:
Raul Rojas, Public Works Director
Jack Hardisty, Development Services Director
Don Anderson, Senior Property Agent
St\ 1999LETTERSXLeR udeLtrWWPIt2
1000 BUENA VISTA ROAD
BAKERSFIELD, CALIFORNIA 93311
,>4
(aos)
CITY OF
WATER RESOURCES DEPARTMENT
GENE BOGART, Managcr
FLORN CORE, Water Resources Director
PATRICK E. HAUPTMAN, Superintendent 326-3006
STEVE LAFOND, Forecasting and Records 326-3007
MAURICE RANDALL, Business Manager 326-3704
KERN RIVER DISPATCHER 326-3716
April 5, 1999
Mr. Steve Coilup, Engineer-Manager
Arvin-Edison Water Storage District
P. O. Box 175
Arvin, CA 93203-0175
RE: WASTEWATER PLANT NO. 2 - Farmland Acquisition Sites
Dear Mr. Coilup:
This letter is in follow-up to our previous discussions regarding the City's effluent farming
operations in the vicinity of the Arvin-Edison W.S.D. wasteway channel and spillway basin. As
a result of public input and comments received from Mr. Steve Lewis, your staff engineer, several
mitigation measures and land site adjustments will be implemented as a result of comments
received.
From the public review period and City Council hearing held on January 13, 1999, we
have received additional input from property owners at potential acquisition sites located in the
west 1/2 of Section 33 adjacent to the Arvin-Edison spillway basin. These property owners do not
wish to pursue negotiations for purchase so these properties will be removed as potential
acquisition sites at this time. The so-called "Spencer" property, which includes 165 acres located
in the southwest quarter of Section 28, was purchased by the City in late 1998 through a tax sale
conducted by the U. S. Department of Agriculture and will ultimately be added to the City
farming operations.
Before bringing this land into production for use of effluent, the City will need to master
plan the irrigation system to make it compatible with the existing City farm operations. Setbacks
of 100 feet for effluent deliveries will be maintained from property lines which will also allow a
buffer area to provide piezometers to be installed at one-half mile intervals at a minimum depth
of 40 feet to monitor any potential groundwater migration. As discussed with your staff engineer
Steve Lewis, bio-solids application setbacks would be maintained at a minimum of 300 feet from
surface water channels, unlined canals and waterways.
1000 BUENA VISTA ROAD
BAKERSFIELD, CALIFORNIA 93311
(805) 326-3715;.,i:"
Until the master planning for the farming operation is completed, the "Spencer" parcel will
be farmed with groundwater and surface water available from the Kern Island canal (Central
Branch). We will be in contact with your office as we progress in the design of the effluent
irrigation and distribution system.
Again, thank you for your input to this project. If you have any questions or need further
information at this time, please don't hesitate to call me.
Sincerely,
GENE BOGART
Water Resources Manager
GB:sr
CC:
Steve Lewis, Arvin-Edison W.S.D., Staff Engineer
Raul Rojas, Public Works Director
Jack Hardisty, Development Services Director
Don Anderson, Senior Property Agent
CITY OF
WATER RESOURCES DEPARTMENT
GENE BOGART, Manager
FLORN CORE. Water Resources Director
PATRICK E. HAUPTMAN, Superintendent 326-3006
STEVE LAFOND, Forecasting and Records 326-3007
MAURICE RANDALL, Business Manager 326-3704
KERN RIVER DISPATCHER 326-3716
March 3, 1999
Mr. Charles Arias
2001 DiGiorgio Road
Bakers field, CA 93307
RE: WASTEWATER PLANT NO. 2 - Farmland Acquisition Sites
Dear Mr. Arias:
Thank you for your participation in the City of Bakersfield's initial study to acquire
additional farmland for the expansion of Wastewater Plant No. 2. As a result of the public input
received and upon further review by staff, no additional farmland property located in Section 9
of T31S, R38E will be considered for potential acquisition. This decision is due primarily to the
proximity of existing residents on DiGiorgio Road and the location of the Caliente Creek
floodplain to the potential farm sites.
Again, thank you for your input to this project. If you have any questions or need further
information at this time, please don't hesitate to call me.
GENE BOGART
R ~
Water esources Manager
GB:sr
CC:
Raul Rojas, Public Works Director
Jack Hardisty, Development Services Director
Don Anderson, Senior Property Agent
1000 BUENA VISTA ROAD
BAKERSFIELD. CALIFORNIA 93311
(805) 326-3715: ::;'
:,.::.