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HomeMy WebLinkAbout1980-141 I I RESOLUTION NO. l� 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PHILLIPS, BRANDT, REDDICK (PBR) 3 RELATING TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1. The Mayor of the City of San Bernardino is 6 hereby authorized and directed to execute on behalf of said City 7 8 an agreement with Phillips, Brandt, Reddick (PBR) relating to the 9 preparation of a focused Environmental Impact Report, a copy 10 of which is attached hereto , marked Exhibit "I" and incorporated 11 herein by reference as fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a meeting thereof , held _, on the day of 1980 , by the following 16 vote, to wit: 17 AYES : Councilmen " z NAYS ABSENT: 22 City Clerk 23 The foregoing resolution is hereby approved ;,fir` day 2 � 1980 . i 25 ay r f thd City of an Bernardino 2 ,Approvp.d as to form: , .-/ 6 ; X f i 1 A G R E E M E N T 2 (Environmental Impact Report) 3 THIS AGREEMENT is entered into between the CITY OF SAN 4. BERNARDINO, a municipal corporation, referred to as "City" , and S PHILLIPS, BRANDT, REDDICK (PBR) , a California corporation, 6 i'� referred to as "Consultant" . 7 i! The parties agree as follows : II � g 1. Recitals. The California Environmental Quality Act 9 ;; and the City' s Environmental Impact Guidelines impose responsi- I 10 j' bility for the accuracy and reliability of all environmental im- 11 I' pact reports upon City, and said guidelines provide that the City it I 12 may retain qualified consultants to prepare environmental impact 13 (' reports for public and private projects . City expects that the 14 , owner of certain real property will submit a conditional develop- , 15 ment permit for sand and gravel excavation for processing. The ,E; real property is illustrated on Exhibit "A" attached to and incor- I 1? porated in this agreement. City has determined that a focused environmental impact report is necessary for all of said property described on Exhibit "A" prior to holding hearings for the pro- posed conditional development permit. Consultant represents to City that it possesses the skill and experience necessary to I 22 perform all work required for such focused environmental impact %3 report. Consultant further represents to City that it possesses i 2 ;; the professional qualifications, experience and expertise re- -5 !squired for the performance of the work required, and Consultant represents to City that it is well qualified to perform such i . ! ( services. City enters into this agreement in reliance upon 'i Consultant' s representations . r k 1 2. General. Consultant shall prepare a focused environ- 2 mental impact report for the real property illustrated on Exhibit 3 "A" , which is attached to and incorporated herein by reference. q. ` Said Environmental Impact Report shall be prepared by Consultant 5 , in accordance with the standards and requirements set forth in 6 the request for proposal , contained in Exhibit "B" attached 7 to and incorporated in this agreement. 8 3. Time of Performance. Consultant shall provide five 9 j! (5) copies of the rough draft environmental impact report to 10 I City' s Environmental Review Committee on or before May 20 , 1980. 11 '' Consultant shall provide thirty-five (35) copies of the corrected 12 idraft environmental impact report to City' s Environmental Review 13 , Committee on or before June 26 , 1980 . Consultant shall provide 14 to City' s Environmental Review Committee twenty-five (25) copies of a supplement, responding to comments made during the review A{ period, promptly upon the completion of the review period. The I report and supplement shall be in form and substance sufficient and adequate to satisfy all legal requirements for such a report for City' s purposes. 4. Compensation for Consultant' s Services. City shall pay to Consultant for the services provided for in this agreement 22 the sum of eighteen thousand dollars ($18 ,000 . 00) to be paid in 23 three equal installments , the first to be paid upon execution of 24 I'. this agreement, the second to be paid upon receipt of the rough I 25 ;', draft environmental impact report , and the third upon approval I, 2 ; of the report by the Mayor and Common Council . 'r 5. City' s Right to Audit Records . Consultant shall I; maintain and keep adequate books and records on a current basis I� I -2- i I recording all time expended by its personnel and all expenses 2 " incurred by Consultant in a form satisfactory to City and in 3 accordance with generally accepted accounting principles. Said 4 books and records and all supporting details shall be made avail- 5 able to City for purposes of audit at all reasonable times and 6 places. All such books and records shall be maintained by Con- 7 ; sultant for such periods of time as required by law; provided, I 8 however, notwithstanding any shorter periods of retention, all 9 books, records and supporting details shall be maintained for a 10 period of at least three (3) years after the completion of the 11 work provided for by this agreement. I, I 12 6. Consultant ' s Professional Status . Consultant accepts 13 the relationship of trust and confidence to be established be- 14 I' tween it and City. Consultant covenants with City that it will Jz exercise its best professional skill and judgment in furthering 16 the interest of City. Consultant shall be at all times herein 17 an independent contractor and not an employee or agent of City. 18 7. Assignability. The experience , skill and expertise =`E of Consultant is of the essence of this agreement. Consultant shall not assign (whether by assignment or novation) this agree- "E ment or delegate its duties hereunder in whole or in part or any I 22. ,'; right or interest hereunder without the prior written consent of is 23 !'; City except as for established subcontractors previously indicated: 24 '! in bid proposal and submission. Any assignment or attempt to U 25 ! assign this agreement without such prior written consent or by operation of law shall constitute cause for termination. 8 . Interest of Consultant. Consultant covenants that it i !! presently has no interest and shall not acquire any interest, I -3- Q 6 I direct or indirect, which would conflict in any manner or degree 2 with the performance of services required to be performed under 3 this agreement. Consultant further covenants that in the perform - 4 ance of this agreement no person having any such interest shall 5 be employed. 6 9. Publication, Reproduction and Use of Material . No 7 material produced in whole or in part under this agreement shall be subject to copyright in the United States or in any other 9 country. The reports and material furnished by Consultant to 10 City shall become the sole property of City and City shall have 11 unrestricted authority to publish, disclose, distribute and I 12 i, otherwise use, in whole or in part, any reports, data, or other 1,1 materials prepared under this agreement. 14 10. Termination of Agreement for Cause. If for any cause Consultant shall fail to fulfill in a timely and proper manner .6 its obligations under this agreement, or if Consultant shall ;7 violate any of the covenants , agreements or stipulations of this agreement, City shall thereupon have the right to terminate this agreement by giving written notice to Consultant of such termina- tion and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, 22 all finished and unfinished documents, data, studies , surveys, 23 '' drawings and reports or other material prepared by Consultant 24 ( under this agreement shall , at the option of City, become its r_} (; property and Consultant shall be entitled to receive just and Ii r' equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above , Consultant shall not be relieved I -4- I I of liability to City for damage sustained by City by virtue of 2 any breach of this agreement by Consultant, and City may withhold 3 any payments to Consultant for the purpose of set-off until such 4 time as the exact amount of damages due City from Consultant is 5 determined. 6 '' This agreement may not be terminated for cause if the i 7 1Ifailure to perform arises from unforeseeable cause beyond the g ;' control and without the fault or negligence of Consultant. I I 9 11. Termination for Convenience of City. City may I 10 i, terminate this agreement at any time by giving written notice to I� I 11 ' Consultant of such termination and specifying the effective date i 12 thereof at least fifteen (15) days before the effective date of 13 l; such termination. In such event, all finished and unfinished i 14 idocuments and other materials as described in paragraph 10 above I 15 ( shall , at the option of City, become its property. If the agree- 16 ; ment is terminated by City as provided herein, Consultant will be ?f , entitled to be paid all compensation for work performed to the 1s, : date of termination; provided that in no event shall the compen- sation of Consultant or reimbursable expenses exceed the maximum 2ts amounts provided for in this agreement. If termination is due to the fault of persons other than Consultant, Consultant will be 22 '[. entitled to be paid all compensation for work performed to the I' 23 : date of termination. Should this agreement be terminated due to I 24 jfault of Consultant, paragraph 10 hereof relative to termination 25 j! shall be applicable. ri 2� 12 . Changes. Should City require changes in the scope of C the services of Consultant to be performed hereunder, such changes ' t including any corresponding increase or decrease in the amount of I C �I Ii -5- I. F 1. Consultant' s compensation , which shall be mutually agreed upon by 2 and between City and Consultant, shall be incorporated in this 3 agreement only by written amendments hereto. 4 13 . Consultant to Hold Harmless. Consultant hereby agrees 5 to, and shall , hold City, its elective and appointive boards , 6 ' commissions, officers , agents and employees harmless from any 7 liability for damage or claims for damage for personal injury, 8 including death, as well as from claims for property damage which 9 may arise from Consultant ' s operations under this agreement, i 143 whether such operations be by Consultant or by any one or more 11 (; persons directly or indirectly employed by or acting as agent for 12 Consultant. Consultant agrees to and shall defend City and its 13 i' elective and appointive boards, commissions, officers , agents and 14 employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any xc� of the aforesaid operations . 7 14 . Time of Essence . Time is of the essence with respect to Consultant' s performance under this agreement. E 15 . Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail , postage prepaid, addressed as follows : 22 City of San Bernardino Phillips , Brandt, Reddick (PBR) Planning Director 18012 Sky Park Circle 23 300 North "D" Street Irvine, CA 92714 San Bernardino, CA 92418 ATTN: Tom Paradise 24 25 i i . . . . . . . . . . �i C3) . . . . . . . . . . -6-I. I 7 I The parties have executed this agreement on 2 q , 1980 . 3 CITY OF SAN BERNARDIN ATTEST: 4 I; r City Clerk �- 6 PHILLIP REDDICK ��2) 7 a Cake' n rp"o 'anon 9 D cael 8randman', Ph.D. �! Exe-u't_ive- President 10 11 I'i Approved as to form: 12 ii 13 �I' ity A torney 14 1C 16 17 t j 1 i i 22 23 24 I' I. i ? - -7- - •\!cam `�� L r+ ) I '.��JL� G'f G.' r •�LJ��I I.-' hu.,Us 11 1 OxL v„'i1JU 1. .i N r ♦r ly 'rl hJOl- _ r .. !Y Sr ,7` I • \ C .MANY ST t >J� •.0 r ,. 1.Y�:..,-.ice. '( s `. [•:rE r.. Noa l 0 1 - ►! \\ l Q ase Li 42 S7. f C •s 1- — y,. is t.•.- >. F, Ly��e Ghee = j �r _C1LIa Ofl E r SC's • F-\ = HXLI > T.>; �J� l. •--T.—'"' $>-„. w"r r�_ CCCCC .ElC 4.Ir.. �J e evf�� � ,•\\ ' .. � � ,�""", _',� (__-- ter' f r .. �` t-._ J'C 1 ���L•T:C��-^ ��---s._� rte` � �� � �..l�l C`�C____�� C �� l t ► DI fI f7(-r;— 4 L� EXHIBIT "A" - --- r l I�(____:— I r •"'�—�:� FOr USE D EPIIPQ�a+d EPTn'L Itr,�,P/ r t>T R PO�� P?0 OSED SAND & GRAVEL EXCAVATIOl, u _r�:_•.�, '�� ' .. .���,I��� FACILITY 1�l_ CITY OF SAN BERNARDINO January 24, 1980 Request for Proposal. Focused Environmental Impact Report for 75 acres, more or less, surface mining facility (Document to be prepared in full compliance with California Environmental Quality Act) . This is not a contract, but only a request for bid. Planning Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 a . PROJECT TITLE: Lytle Creek Surface Mining Facility -- See Location Map Exhibit "A" attached Request: Preparation of bid for a "Focused Environmental Impact Report" in com- pliance with the requirements of the California Environmental Quality Act (latest revised) . THE PROJECT: The project consists of a proposed sand and gravel excavation facility entailing approximately 75 acres of land located between 7th and Base Line Streets, west of Pennsylvania Avenue and adjacent to and east of Lytle Creek Wash dike. Application has been made to the City of San Bernardino for a conditional development permit (file reference No. 958) to undertake. the project pursuant to Ordinance No. 1991. In addition, City Ordinance No. 3857, which establishes procedures and policies for implementation of the State Surface Aining and Land Reclamation Act of 1975, would require the filing and approval of a Reclamation Plan for the proposed/existing surface mining operation. The project site currently consists of gently sloping vacant land bordered on the west by Lytle Creek Wash and County Flood Control District dike facilities. Scattered residences are located to the east and south and Base Line Street borders the northerly perimeter of the site. The California Aqueduct traverses the length of the property in a north/south direction and 9th Street bisects the subject area in the east/west direction. The area is predominantly zoned for limited light industrial uses. However, the easterly sections fronting onto 9th Street are zoned open space. The ultimate usage of the land according to the City's General Plan is that of medium density residential uses on the east and the westerly half is in an open space and conservation designation of flood control and reservoir usage. The southwesterly portion of the project area is within the Algu.ist-Priolo Special Studies Zone as delineated by the California Division of Mines and Geology. The site is within an area designated as Zone C according to a Flood Insurance Study and not subject to flooding by the 500-year flood. The excavation operations, as currently proposed, would entail only excava- tion and movement of materials and no processing would occur at the site Materials would be conveyed from the site, as presently proposed, by a haul-road constructed on flood control land by agreement of the District and on private property owned by the project applicant (Fourth Street Rock Crusher) . No schedule has been provided as to the duration of the mining activity and it is currently proposed that reclamation of the site would occur through the replacement of inert materials such as acquired from dredging of nearby County Flood Control District silting basins or from construction projects in the general vicinity after removal of usable sand and gravel has occurred. Lytle Creek Surf. Min. Fac. P. 2 The proposed plan provides for approximately 2.1 million cubic yards of sand and gravel to be removed. Excavation is proposed to occur at a.5:1 slope angle along the 200 foot wide flood control easement adjacent to the Lytle Creek dike and at a 1 and 112:1 feet ratio on all remaining side Slopes. The maximum anticipated depth of excavation is currently proposed to be 80 feet. No setbacks are currently proposed for excavation activities on the site other than a 150-feet-wide setback for that easterly portion of the property which fronts onto Pennsylvania Avenue. A visual buffer is proposed at this location entailing fencing, berms and landscaping. ENVIRONMENTAL ISSUES: At the meeting of January 9, 1980, the Environmental Review Committee of the City of San Bernardino determined that a Focused Environmental Impact Report should be prepared on the project. The factors outlined in the attached Exhibit "B": City of San Bernardino Environmental Information Checklist have been identified as having the potential for significant adverse environmental impact. STUDY COMPONENTS: The Environmental Impact Report shall be prepared in response to the proposed surface mining project in accordance with the California Environmental Quality Act and shall provide necessary teat and maps outlining existing conditions, adverse impacts, and proposed and recommended mitigation measures as well as project alternatives. The text shall fully address, but not be limited to those concerns noted in the Initial Environmental Study (see Exhibit "B") as well as the following enumerated items: 1. Traffic - The project will cause an increase in truck traffic which may be significant in relation to the existing traffic load and capacity of the street system. Specifically, the section on traffic will need to address, but not limited to the following items: a. Location of truck routes to be constructed or public roads to be utilized in conducting excavation/reclamation operations. b. Determination if traffic signals and/or stop signs will be needed for external intersecting streets. c. Evaluation of adequacy of existing and planned transportation system to accommodate projected truck traffic as well as safety factors and other relevant issues. d. Potential costs related to public transportation system improvements and operation/maintenance costs resulting from the proposed Project. Lytle Creek Surf. Min. Fac. P. 3 2. Noise, Light - and Air Quality - The project could generate significant noise levels both in on-site excavation and off-site trucking operations; light glare from evening operations could potentially effect off-site residences and traffic on surrounding roads; air quality could be negatively impacted in the area from generated dust and the like. Discussion should specifically address mitigating measures including site design, equipment and operational methods and standards, and transport patterns proposed. 3. - Geology and Hydrology - A discussion, evaluation and review of proposed grading with mitigations and geology of the site in terms of soils, fault zones, low lying water table, stability, land form alterations proposed, water quality, safety, aesthetics and alternatives to be provided. 4. Proposed Land Uses - The project could significantly effect future land uses planned in the area as well as effect existing surrounding uses of the land. An analysis of such is to be provided including compatibility of the proposed facility with surrounding existing and proposed land uses inclusive of alternatives and mitigations. 5. Physical Characteristics - An analysis of the physical characteristics of the proposed project in terms of alternative physical design characteristics and the like id to be included to determine compatibility alternatives, site Proposals and mitigation measures (see Item No. 7) . 6. Consumption - An energy demand analysis shall be provided in adherence to the State of California Environmental Impact Report Guidelines. 7. Reclamation Plan - Pursuant to City of San Bernardino Ordinances a reclamation plan shall be prepared by the consultant and included in the Environmental Impact Report from the data derived entailing the followinq: a. A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation. b. A description of the proposed use or potential uses of the land after reclamation. c. A description of the manner in which reclamation, adequate for the proposed use or potential uses will be accomplished, including a description of the manner of control of contaminants and disposal of mining waste and a description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition minimizing erosion and sedimenta- tion will occur. Lytle Creek Surf. Min, Fac. P. 4 d. An assessment of the effect of implementation of the Reclamation Plan on future mining in the area. 8. Depletion of Resources - A review and environmental analysis of the natural resources available on the site in the general area, depletion rate, replenishment potential for Lytle Creek, alternative extraction processes for the site. RESPONSIBILITIES: 1. The consultant selected will provide a total of five copies of the rought draft Focused Environmental Impact Report to the Environmental Review Committee; a total of 35 copies of the corrected draft Focused Environmental Impact Report to the Environmental Review Committee, and 25 copies of the comments and responses to comments after circulation of the Focused Environmental Impact Report. 2. The firm selected will be responsible for providing a rought draft document, a completed draft, all in compliance with the California Environ- mental Quality Act, responses to comments, attendance at Planning Commission Public Hearing, Mayor and Common Council Public Hearing, and responding accordingly to input received. . 3. The document will be prepared for the City of San Bernardino under the guidance of the Environmental Review Committee and attendance at a meeting of the Committee will be necessary after completion of the rought draft. 4. The fee will be paid in the following manner: One-third at initiation of the report; one-third upon submittal of the draft Environmental Impact Report; one-third upon certification by the Mayor and Common Council. 5. Each firm shall submit three copies of the bid proposal for the Focused Environmental Impact Report by 5:00 p.m. February 15, 1980, The proposal shall contain the following: a. A discussion of the project principal and the individual staff members who will be responsible for preparing the specific segments of the Focused Environmental Impact Report. b. A work schedule identifying deadlines that will provide a draft document submission by June 12, 1980, or sooner. c. A fixed bid price for preparation of the Draft Environmental Impact Report inclusive of all areas and attendance at meetings outlined in this section. Lytle Creek Surf, Min. Fac. P. 5 d. Inclusion of your Federal Employer I.D. Number, a Social Security Number in your bid proposal. e. A statement complying with the affirmative action laws currently applicable. 6. Finally,in order to facilitate the proposal review process, it is requested that proposal format conform, where possible, to the general outline offered below: Section I: Introductory statement regarding general approach proposed, philosophies, and the like. Section II: Program description keyed numerically to the environmental issues out- lined earlier under "Study Components", (items No. 1 through 8 ) as well as the depth of analysis proposed to be undertaken for each element. Section III. Discussion and/or graphic display detailing proposed study time frame. Section TV: Outline of meetings and conferences proposed to be attended as well as attending representatives. Section V: Number and types of documents/maps to be provided. Section VI: Project costs. Section VII:' Description 'of project management duties and responsibilities as well as any subcontractor's responsibilities including proposed project staff and brief statements as to individual qualifications. Section VIII: Background information, as deemed appropriate, relating company qualifi- cations and experience, individual resumes, and the like. • t.•f 3i _C� �`r--� ''',1'Y'j),}y-U�'(I'L_-/�i(QyL�J1F1r�_ w • , S s 131v T Il t:tr___. 1 L1J��UL11 oRauCAR JO lM 11 � ♦...NAKK )i ' 5 1�------'T� rtT..c o LI�.� St.nJOL T Rppf EV lY7 & - r.a Sl h TF1Y• T Y •5: S1 �_ 4 f:vXN1 } 6. KR1 T racR�.is RIOYISY lu + •, ♦ � OO If 4 ST YI4.:k1a 1t w w • < � �� ]T 4 ` 1 A H ut if RANd Kttfl �° •� J}�•�+16N Uta ST �a .11 aaC Q� o� CSC � \�� uN*tVON I 74 �r r• •Sr S g HALL .,�, .v:pR 5 Y' 9 in unU• �� C E-0 av � ✓.-fOa�✓r� / •� ,1 t 1 sr OWES rf 1T _• I at-V7 T------- , .ten C.Y 3T Yi C IPr T _ .._ __ __ __ — 1.. ___- f rE r?• - - wMCM•M•-.-_� �_ I r. r7 EXHIBIT "A" FOCUSED ENVIRONMENTAL IMPACT REPORT F PROPOSED SAND & GRAVEL EXCAVATION FACILITY 1 �----- � f I� ♦ ----ter-; � ' L n� ,��, ;�•t.,M,r Sf' ENV IRON MEN fAL Rr:VILLI C0 �71"IE E Cc' T Hr"' C ITY OF SAN BERNARD INO, CALIFORNIA ENVIRONMENTAL INFORMATION CHECKLIST 1. BACKGROUND 1. Date this Checklist prepared January 15, 1980 2 . Name, Address and phone Number of Developer Owner: htr. & P4rs. Norm Johnson/Fourth Street Rock Crusher, P.O. Box 469, San Bernardino, CA 92402 3 . Name/type & general location of development Surface mining operations for sand & gravel extraction located north of 7th Street, south of Baseline and west of Pennsylvania. II. ENVIRONMENTAL IMPACTS : (Explanation of all "yes" and "maybe" questions are required on attached sheets) 1. Earth. Will the proposal result in: Yes Maybe N a. Unstable earth conditions or in changes X in geologic substructures? — b. Disruptions, displacements , compaction or X overcovering of the soil. '- c . Change in topography or ground surface X relief features? d. The destruction, covering or modifica- X tion of any unique geologic or physical features? e . Any increase in wind or water erosion of X soils , - either on or off the site? fc Changes in deposition or erosion of beach sands ,, or changes in siltation, deposition or erosion which may modify the channel of a river or stream? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides , mudslides , ground failure, or similar hazards? X 2 . Air Will the proposal result in: 'a. Substantial air emissions or deterioration X of ambient air quality? b. The creation of objectionable odors? X c . Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 3 . Water . Will the proposal result in : a. Changes in currents , or the course or direction of -rater movements (in either marine or fresh waters) ? X ^1_ YES h1AY3E «E? b. Changes in absorption rates , drainage patterns , or the rate and amount of surface water runoff? X c. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground water? X g. Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavation? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i . Exposure of people or property to water related hazards (i.e. flooding)? X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs , grass, crops , microflora and aquatic plants)? X b. Reduction of the numbers of any unique, rate or endangered species of plants? X c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop? X 5. Animal Life. Will the proposal res.ul t in: a. Change in the diversity of species , or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce new light or glare either temporary or permanent? X -2- :x YES. MAYBE 110 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of area? X 9. Natural Resources. Will the proposal result in: a, Increase in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resources? X 10. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil , pesticides, chemicals or radiation) in the event of an accident or upset conditions? X 11 . Population. Will the proposal alter the location distribution, density, or growth rate of the human population of an area? X 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities , or demand for new parking? X c. Substantial impact upon existing transportation X systems? d. Alterations to present patterns of circulation or movement of people and/or goods? X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered govern- mental services in any of the following areas : a. Fire protection? _X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f.. Other governmental services? (If so, please list) X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing sources of energy, or require the development of new. sources of energy? X -3- No Yes Maybe 16 . Utilities . Will the proposal result in _ _ X a need for new systems , or substantial . alterations to the followirIg utili ties : a . Power or natural gas ? X b . Communication Systems ? — X c . Water? _ X d . Sewer or Septic tanks? .� X e . Storm water draitiage? _ X f. Solid waste and disposal? i X 17 • Human Health. Will the proposal res�u�t' in: a. Creation of any health hazard or potential health hazard (exclud- ing mental .health? X b. Exposure of people to potential health hazards? X 18 . Aesthetics . Will the proposal result in the oUstruct•ion of any scenic vista or view open to the public , or will the proposal result in the creation of an aesthetically offensive site open to X public view? - 19 . Recreation: Will the proposal result a in an impact upon the quality of ex- isting recreational opportunities? X 20. Archeological/Historical. Will the proposal result in an alteration of a significant archeological or historical site, struc- ture , object or building? X 21. Redevelopment . Is the proposed project ocated within a Redevelopment project X area? .- 22 . Mandatory Finding of Significance . a. Does the project have the potential to degrade the quality of the envir- onment ) substantially reduce the habitat of a fish or wildlife species , cause a fish or wildlife population to drop below self sustaining levels , threaten to eliminate a plant or animal community, reduce the number or restr- ict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Calif- X ornia history or prehistory? _ -4- YES MAYBE NO b. Does the project have the potential to achieve short-term, to the disadvantage of long-term environmental goals? (A short-term on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well. into the future) . X c . Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more seperate resources where the impact on each resource is relatively small) but where the effect of the total of those impacts on the environment is significant) . X d. Does the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly? _ X III Discussion of Environmental Evaluation (Explanations of All "Yes". and "Maybe" Answers) See attached "Exhibit A: Location Map" and "Exhibit B: Discussion of Environmental Evaluation" IV Determination On the basis of this initial evaluation: We find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. We find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in his case because the mitigation measures described on an attached sheet have been added to the project . A NEGATIVE DECLARATION WILL BE PREPARED . X We find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA --�..,.-t►�� Gam• ' (SECRETARY DATE: 5 III . EXHIBIT B: DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued) The project consists of a proposed sand and gravel excavation facility entailing approximately 75 acres of land located between 7th and Baseline Streets, west of Pennsylvania Avenue and adjacent to and east of Lytle Creek Wash dike. The project site currently consists of gently sloping vacant land bordered on the west by Lytle Creek Wash and County Flood Control District dike facili- ties. Scattered residences are located to -the east and south and Baseline Street borders the northerly parimeter of the site. The California Aqueduct traverses the length of the property in a north-south direction and 9th Street bisects the subject area in an east-west direction. The area is predominantly zoned for limited light industrial uses. However, the easterly sections fronting on to 9th Street are zoned single family residential and -the southwesterly section is zoned open space. The ultimate useage of the land according to the City's General Plan is that of medium density residential uses on the east and the westerly half is in an open space and conservation designation of flood control and reservoir.useage. The southwesterly portion of the project area is within the Alquist-Priolo Special Studies Zone as delineated by the California Division of Mines and Geology. The site is within an area designated as Zone C according to a Flood Insurance Study and not subject to flooding by the 500-year flood. The excavation operations, as currently proposed, would entail only excava- tion and movement of materials and no processing would occur at the site. Materials would be conveyed from the site, as presently proposed, by a haul-road constructed on flood control land by agreement of the District and on private property owned by the project applicant (Fourth Street Rock Crusher) . No schedule has been provided as to the duration of the mining activity and it is currently proposed that reclamation of the site would occur through the replacement of inert materials such as acquired from dredging of nearby County Flood Control District silting basins or from construction projects in the general vicinity after removal of useable sand and gravel has occurred. The proposed plan provides for approximately 2.1 million cubic yards of sand and gravel to be removed. Excavation is proposed to occur at a 5:1 slope angle along the 200 foot wide flood control easement adjacent to the. Lytle Creek dike and at a 12:1 feet ratio on all remaining side slopes. The maximum anticipated depth of excavation is currently proposed to be 80 feet. No setbacks are currently proposed for excavation activities on the site other than a 150-foot-wide setback for that easterly portion of the property which fronts onto Pennsylvania Avenue. A visual buffer is proposed at this location entailing fencing, berms and landscaping. Initial Study findings indicate the following as based upon the above information and as related numerically to the environmental checklist: 1 . The project would entail a major alteration of the existing land form in that steep cuts of 12:1 feet are generally proposed to a maximum anticipated depth of 80 feet. Such may have the effect of creating unstable earth conditions, increasing erosion and dust emission and the like. In addition, portions of the project site are within a fault study zone thereby potentially exposing people to earthquake, landslides and related hazards. A II. ­ EXHIBIT B: DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued) Page 2 2. The project excavation and/or reclamation activities occurring at the site could potentially effect surface water conditions as well as adversely effect underlying water tables. 6. 13. 14. On site activities as well as off-site vehicular movement by heavy load-bearing trucks could expose surrounding residences as well as on-site personnel to high noise levels. The latter could also increase traffic hazards, impact vicinity circulation and effect maintenance of public roads. 18. The proposal could result in a potentially aesthetically offensive site open to the public view and impacting surrounding residential areas in that visual buffering of the site is currently proposed for that area fronting onto Pennsylvania Avenue only. 9. The proposal would effect a natural resource in that sand and gravel deposits represent. a valuable mineral resource and replenishment is . dictated by the frequency and severity of rainfall and deposition occurring as flood water volumes drop in those areas where gradients flatten. 8. The proposal could result in a substantial alteration to the planned land use of the area, especially so since a concerted reclamation pro- gram has as yet not been proposed which would provide plans for re-use of the pits once exhausted and a time frame and methodology under which such would be accomplished. ITEM NO. 22a The project has the potential of degrading the existing environment. ITEM NO. 22b The project has the potential of achieving short-term uses vs. long-term environmental goals in light of the land uses anticipated for the site and geological and hydrological conditions. ITEM NO. 22c the project may have impacts on public services and facilities. ITEM NO. 22d Because of these mandatory findings of significance and the need for further study of such factors as geology, hydrology, transportation, noise, reclamation plans, and the like, it is recommended that a focused environ- mental impact analysis be completed. • 1r I �� � Gt4!rT 1 ��A�� 1rw rc>P•r.> r urovlSr T rr , W'I -Q,05kltiv A), 'Awl 1t ` lJ�' ! � r t•KA•NI,LiN •t: a U iz oar ol HAIL •crc>y ���---����1!! �->.� _ _ „s,. )7( i 9 r IF r- M � W:/AYJiv f a 1^O FJ F { )T LA :JJ _ - -Tr- "'� __ ___ •/ ` EXHIBIT °A'► ; FOCUSED ENIVIROMMENTAL IMPACT REPORT` � AV EL PRO, OSED SAID & GRAJEL EXCAVATIOfi t_ FACILITY IL_'. II I l ]PI