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HomeMy WebLinkAbout55A - RESO - PROPOSED INTERSECTION MODIFICATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: J'TTLY 6, 2009 TITLE: RESOLUTION CERTIFYING FINAL 3UPPLEMSNTAL EIR NO. 2009-1 FOR PROPOSED FAIRHAVEN/LINCOLN CLOSURE AND SANTA CLARA/LINCOLN INTERSECTION MODIFICATION ~~< CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution certifying Final Supplemental Environmental Impact Report No.2009-1 for the proposed Fairhaven/Lincoln Closure and Santa Clara/ Lincoln intersection modification. DISCUSSION The Southern California Regional Rail Authority (SCRRA) prepared an Environmental Impact Report (EIR) in 2002 to complete the final 1.8-mile segment of improvements to stations and track to improve operations for passenger and freight service on the Los Angeles to San Diego Corridor. The Final EIR was certified on June 4, 2002. The installation of a second main track and related intersection, roadway, and landscaping improvements were completed as proposed in the Final EIR in April 2007. Since completion of the project, new information has been received with regard to design safety enhancements that will require additional environmental analysis, in accordance with the California Environmental Quality Act (CEQA) Guidelines. Changes to the road right-of-way at the intersection of Fairhaven/Lincoln Avenues resulted in inadequate turn radii for large trucks making a left turn from westbound Fairhaven Avenue to southbound Lincoln Avenue. As a result, in May 2007 the City closed Lincoln Avenue at the request of California Public Utilities Commission (CPUC) to all traffic from Fairhaven Avenue to Park Lane until this issue is resolved. The City has considered several changes to the original project to address the issues along Lincoln Avenue at the Fairhaven and Santa Clara Avenue intersections. However, based on a directive give by the CPUC the only viable solution is to reconfigure Fairhaven Avenue to terminate as a cul-de-sac east of the railroad tracks. This option would also allow the intersection to qualify for a quiet zone. 55A-1 Resolution Certifying SEIR No.2009-1 July 6, 2009 Page 2 Therefore, the City has decided to proceed with the CPUC's directive and permanently close Fairhaven Avenue at Lincoln Avenue. Two-way traffic would be maintained on Lincoln Avenue from Park Lane to Santa Clara Avenue. At the intersection of Santa Clara and Fairhaven, a traffic signal is recommended to better facilitate traffic movement. Also, the roadway profile along Lincoln Avenue at its intersection at Santa Clara will be modified to improve roadway safety. In order to implement these changes for the two intersections, CEQA requires the preparation and approval of a Final Supplement to the Santa Ana Second Main Track Environmental Impact Report (Final SEIR). The Final SEIR describes the proposed project and evaluates the potential environmental effects of the project. The environmental issues analyzed in the SEIR include aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, land use and planning, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. On January 27, 2009 a Notice of Preparation and Initial Study was circulated for a 30-day public review period for the preparation of the Draft SEIR No. EIR 2009-1. Issues raised by the agencies and the community included: 1) potential traffic impacts from Fairhaven/Lincoln intersection modification, 2) potential noise impacts, and 3) potential air quality impacts. The SEIR was then prepared based on information provided in the IS, as well as issues expressed in the comments to the NOP. In accordance with CEQA, a Draft SEIR was circulated for review and comment by the public, local, regional and state agencies and interested parties on March 6, 2009 for a 30-day review period. Only three comment letters were received during the public review period. All three were from public agencies and two agencies had no comments. The third agency, the CPUC, had comments concerning access to the rail right-of-way for rail maintenance vehicles at the Fairhaven/Lincoln intersection. The CPUC also recommended that a new railroad crossing pre-signal be installed at the Santa Clara/Lincoln intersection for westbound traffic to prevent traffic from queuing onto or near the tracks and to prevent vehicles from getting trapped between the railroad crossing gates. The CPUC's recommendations and directive concerning the Fairhaven closer have been incorporated into the final design for the two railroad crossings and are reflected in the revised project descriptions in the Final SEIR. 55A-2 Resolution Certifying SEIR No.2009-1 July 6, 2009 Page 3 Staff is requesting that Council adopt a resolution certifying the Final SEIR for the proposed Fairhaven/Lincoln and Santa Clara/Lincoln intersection modifications (Exhibit 1). By adopting this resolution, OCTA can proceed with constructing the proposed modifications as part of the total package of Rail-Highway Grade Crossing Safety Enhancements for Orange County. In summary, the City has evaluated the comments on environmental issues received from persons or agencies. In accordance with CEQA, each of the public agencies and interested parties that comment on the Draft SEIR will be provided a response to their comments. Additionally, since the environmental analysis concluded that all impacts associated with the project were determined to be less than significant, no Mitigation Monitoring Program or Findings of Fact and Statement of Overriding Considerations are required. ENVIRONMENTAL IMPACT The environmental analysis contained in the Final SEIR concludes that all impacts associated with the project are identified as less than significant (Exhibit 2). FISCAL IMPACT The cooperative agreement with OCTA for Railroad Grade Crossing Safety Enhancements and Quiet Zone Improvement Projects requires a local match of 12 percent in City funds. The estimated cost to the City for these intersection modifications is $113,000. This number may be slightly adjusted pending final design after the Final SEIR is certified. Funds have been allocated in the Measure M - Turnback Fund (account no. 32- 551-6631, project 09-1745-C). ,, ` l ames G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: S n Francisco Gutierrez Executive Director Finance & Management Services Agency 55A-3 RESOLUTION 2009-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR FAIRHAVEN/LINCOLN AND SANTA CLARA/LINCOLN INTERSECTION MODIFICATIONS, SUPPLEMENT TO THE SANTA ANA SECOND MAIN TRACK ENVIRONMENTAL IMPACT REPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. As part of the proposal to construct a second track to replace the single track from the north city limits to Santa Ana Boulevard (the "Double Track project"), an Environmental Impact Report ("EIR") was prepared and certified. After certification, it was determined that the intersection of Fairhaven and the new Double Track could require additional safety enhancements. Additional environmental review was conducted covering the proposal to close the intersection of Fairhaven and Lincoln for the foreseeable future ("the Project"). B. Notice of Preparation (NOP) and Initial Study for the additional environmental review necessary to consider the Project was released fora 30-day public review period from January 27, 2009 to February 26, 2009. C. A Draft Supplement to an Environmental Impact Report ("DSEIR"), attached hereto as Exhibit "A" and by this reference incorporated herein, for the Project (State Clearinghouse #2008101006) was prepared and circulated on March 6, 2009 for a shortened 30-day public review period pursuant to the California Environmental Quality Act ("CEQA") as amended (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Code of Regulations Section 15000 et. seq. D. Notice was provided to the public, government agencies and all other interested parties that they may submit written comments on the NOP and DSEIR to the City. E. A Final Supplement to an Environmental Impact Report ("FSEIR"), attached hereto as Exhibit "B" and by this reference incorporated herein, for the Project has been prepared in accordance with CEQA as amended (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Code of Regulations Section 15000 et. seq.) and incorporates the DSEIR with changes and revisions thereto, 55A-4 comments received on the DSEIR, a list of persons, organizations and public agencies that commented on the DSEIR, and the written responses to comments. F. No significant environmental impacts were identified in the DSEIR or the FSEIR, pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code, no written findings for alternatives and significant environmental impacts are required. G. No mitigation measures were required to reduce or avoid significant environmental impacts of the Project, and for this reason no Mitigation and Monitoring Program is required pursuant to Section 21081.6 of the Public Resources Code. H. The City Council has reviewed the FSEIR and accompanying attachments. I. An Initial Study, DSEIR, and FSEIR have been prepared, advertised, and circulated for public comment pursuant to the California Environmental Quality Act. Section 2. The City Council has reviewed and considered the environmental documentation and information included in the staff report prior to certifying the FSEIR in Exhibit "B" hereto, and finds and determines that the FSEIR fully addresses the potential environmental impacts, and that the document reflects the independent judgment of the City Council. Section 3. The City Council hereby certifies the FSEIR for the Project incorporated in this Resolution by reference, based on the information and findings presented in the staff report, supporting exhibits and attachments, and the following: A. The FSEIR for the Project has been prepared in compliance with CEQA and the State CEQA Guidelines; and B. The information contained in the FSEIR for the Project provides an adequate assessment of the potentially significant impacts incurred by the Project. Section 4. The City Council declares that should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Resolution shall remain in full force and effect. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 55A-5 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 55A-6 Attachments: Exhibit A -Draft Fairhaven/Lincoln and Santa Clara/ Lincoln Intersection Modifications, Supplement to the Santa Ana Second Main Track Environmental Impact Report (2000091065). SCH #2008101006. March 2009 Exhibit B -Final Fairhaven/Lincoln and Santa Clara/ Lincoln Intersection Modifications, Supplement to the Santa Ana Second Main Track Environmental Impact Report (2000091065). SCH #2008101006. April 2009 55A-7 55A-8