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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, ~o 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 ~8tl 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: ::;' :,.::.