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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: December 9, 2003

Subject/Title: Approve a Resolution certifying the Environmental Impact Report for the Lone Tree Way – Union Pacific Railroad Undercrossing Improvements, CIP Project No. 336-3134 and authorize staff to move forward with the project.

Submitted by: Engineering: B. Grewal/P. Eldredge

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution certifying the Environmental Impact Report for the Lone Tree Way – Union Pacific Railroad Undercrossing, CIP Project No. 336-3134 and authorize staff to move forward with the project.

PREVIOUS ACTION
On May 7, 2002, the Planning Commission approved the Negative Declaration and determined that the 2002/07 Capital Improvement Program was consistent with the adopted Brentwood General Plan.

On May 28, 2002, the City Council adopted the 2002/07 Capital Improvement Program which included the Lone Tree Way – Union Pacific Railroad Undercrossing, CIP Project No. 336-3134.

On December 10, 2002, the City Council authorized staff to execute a Professional Service Agreement with Raney Planning & Management, Inc. (RPM) to prepare the Environmental Impact Report for the Lone Tree Way – Undercrossing Project, CIP Project No. 336-3134.

On October 14, 2003, the City Council authorized staff to execute a Professional Services Agreement with Mark Thomas & Company, Inc., for pre-design reports and exhibits, right-of-way surveys ongoing coordination with the Railroad and access alternatives for adjacent property owners for the Lone Tree Way / Union Pacific Undercrossing Project, CIP Project No. 336-3134

BACKGROUND
The Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134, will construct an underpass consisting of six travel lanes under the Union Pacific Railroad. This project will improve traffic flow, accommodate the widening currently under construction to the west and anticipated to the east, as well as fulfill the City’s requirement by the Public Utilities Commission for the allowance of an at-grade crossing of the same rail line at Sand Creek Road.

The City’s environmental consultant for this project, Raney Planning and Management (RPM), has prepared the subject EIR in accordance with the provisions of the California Environmental Quality Act (CEQA), which requires jurisdictional state and local government agencies to consider the environmental consequences of proposed projects. The intent of the subject EIR is to provide information concerning any potential environmental effects of the proposed project and to indicate possible ways to reduce or avoid potential significant effects. It is not the purpose of the EIR to either recommend approval or denial of the proposed project.

RPM has investigated and analyzed the environmental impacts of this project and identified appropriate mitigation measures, which are outlined addressed in the EIR. Comments have been solicited from the public and affected regulatory agencies at the Notice of Preparation and Draft EIR phases. All relevant comments and responses have been incorporated into the Final EIR document. No significant areas of controversy or unresolved substantive issues have arisen since distribution of the Notice of Preparation and the Draft EIR. All impacts were found to be mitigable to levels of insignificance. A mitigation monitoring program has been developed and incorporated into the EIR to ensure that the appropriate mitigation measures are properly administered.

The following categories of environmental effects and recommended mitigation measures were considered in the EIR:

• Land Use
• Biological Resources
• Transportation and Circulation
• Air Quality
• Hydrology and Water Quality
• Utilities and Safety
• Noise and Vibration

FISCAL IMPACT
There is no direct fiscal impact associated with approval of the EIR. Any costs associated with the appropriate mitigation measures have been accounted for in the project budget and will be implemented during the appropriate phase of the project.

Attachment:
Resolution
Site Map
Environmental Impact Report

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT FOR THE LONE TREE WAY UNION PACIFIC RAILROAD UNDERCROSSING IMPROVEMENTS, CIP PROJECT NO. 336-3134 AND AUTHORIZE STAFF TO MOVE FORWARD WITH THE PROJECT.

WHEREAS, on May 7, 2002, the Planning Commission approved the Negative Declaration and Determined that the 2002/07 Capital Improvement Program was consistent with the adopted Brentwood General Plan; and

WHEREAS, on May 28, 2002, the City Council adopted the 2002/07 Capital Improvement Program, which included the Lone Tree Way – Union Pacific Railroad Undercrossing, CIP Project No. 336-3134; and

WHEREAS, on December 10, 2002, the City Council authorized staff to execute a Professional Service Agreement with Raney Planning & Management, Inc. (RPM) to prepare the Environmental Impact Report for the Lone Tree Way – Undercrossing Project, CIP Project No. 336-3134; and

WHEREAS, on October 14, 2003, the City Council authorized staff to execute a Professional Services Agreement with Mark Thomas & Company, Inc., for pre-design reports and exhibits, right-of-way surveys ongoing coordination with the Railroad and access alternatives for adjacent property owners for the Lone Tree Way / Union Pacific Undercrossing Project, CIP Project No. 336-3134; and

WHEREAS, the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134, will construct an underpass consisting of six travel lanes under the Union Pacific Railroad; and

WHEREAS, this project will improve traffic flow, accommodate the widening currently under construction to the west and anticipated to the east, as well as fulfill the City’s requirement by the Public Utilities Commission for the allowance of an at-grade crossing of the same rail line at Sand Creek Road; and

WHEREAS, the intent of the subject EIR is to provide information concerning any potential environmental effects of the proposed project and to indicate possible ways to reduce or avoid potential significant effects; and

WHEREAS, no significant areas of controversy or unresolved substantive issues have arisen since distribution of the Notice of Preparation and the Draft EIR. All impacts were found to be mitigable to levels of insignificance.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby certify the Environmental Impact Report for the Lone Tree Way Union Pacific Railroad Undercrossing Improvements, CIP Project No. 336-3134 and authorize staff to move forward with the project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2003 by the following vote:
 

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