COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

June 26, 2003

BOARD MEETING DATE:

July 15, 2003

 

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Approval of a Mitigated Negative Declaration - Cupid's Row Canal Vegetation/Sediment Removal Project, San Bruno Flood Control Zone - San Bruno/San Francisco International Airport Area

 

Recommendation

1.

Acting as the Governing Board of the San Mateo County Flood Control District, hold a public hearing to consider comments to the Mitigated Negative Declaration on the Cupid's Row Canal Vegetation/Sediment Removal Project; then

 

2.

Close the hearing and adopt a resolution finding that:

 
 

a.

The Mitigated Negative Declaration is complete, correct and adequate, and prepared in accordance with the California Environmental Quality Act and applicable State and County guidelines;

     
 

b.

The Mitigated Negative Declaration reflects the independent judgment of your Board; and

     
 

c.

There is no substantial evidence that the project will have a significant effect on the environment based on the initial study, the implementation of the Mitigation Monitoring and Reporting Plan, comments received, and testimony presented and considered.

 

Previous Board Action

1.

Adopted Resolution No. 24669 in 1967 establishing the San Bruno Creek Flood Control Zone.

 

2.

Adopted Resolution No. 24671 in 1968 authorizing execution of an agreement with the City and County of San Francisco for the construction and maintenance of flood control facilities in the San Bruno Creek Flood Control Zone.

 

Key Facts

1.

Cupid's Row Canal, a segment of the Crystal Springs Channel, that is located between the BART tracks and San Bruno Avenue, was improved and is maintained with funds of the San Bruno Creek Flood Control Zone and San Francisco International Airport.

   

2.

We have been precluded since 1998 from clearing the Canal of vegetation and silt due to the permit requirements from state and federal regulatory agencies associated with the construction of the "BART to the Airport" facilities in this area.

   

3.

We are now in the process of the obtaining the necessary permits from the various regulatory agencies to clear the Canal.

   

4.

We believe that requiring the implementation of the conditions as outlined in the Mitigation Monitoring and Reporting Plan will allow your Board to certify the Mitigated Negative Declaration and allow us to obtain the necessary permits from the Army Corps of Engineers (COE), Department of Fish and Game (F&G) and Regional Water Quality Control Board (RWQCB).

 

Discussion

Cupid's Row Canal is a part of the flood control facility that transports storm water from the City of San Bruno across property that is owned by the San Francisco International Airport. The area adjacent to the Canal flooded this past winter just prior to BART completing its work and we responded to the emergency by placing a temporary barrier along the canal to reduce the potential for additional flooding from occurring. We are proposing to restore the Canal to its design capacity by removing accumulated sediment and vegetation that has been deposited or has grown in the Canal since the BART construction in the area began.

 

We retained a biological consultant to assist us in the evaluation of the work in this area as endangered species - the California red-legged frog and the San Francisco garter snake - are known to inhabit in the area based on the previous environmental work by BART, as well as actual sightings of the these species in the area.

 

The consultant prepared an initial environmental study as required by the California Environmental Quality Act and prepared a Mitigation Monitoring and Reporting Plan that is proposed to be used when the work is accomplished. The consultant concluded that the potential impacts to the environment can be mitigated to less than significant by implementing the recommendations in the Mitigation Monitoring and Reporting Plan.

 

The Plan, among other conditions, requires:

 

1.

Biological monitors approved by the United States Fish and Wildlife Service (USFWS) to be at the site and to monitor the work as it proceeds.

   

2.

A preconstruction and education session for all construction personnel and truck drivers that will be hauling the excavated material from the channel.

   

3.

Manual clearing of the growth near the channel to allow visibility by the equipment operator doing the work.

   

4.

The contract for hauling to be on a time and material basis to allow for the careful removal of the material from the work site.

   

5.

The use of the Airport's excavator that has been modified by replacing the hydraulic fluid with vegetable oil to reduce the impact of possible fluid leakage into the environment.

   

6.

Trapping, moving and temporarily housing the garter snakes at the Coyote Point Museum until the work is completed.

   

7.

Monitoring the snakes after they have been released back into the environment after the work has been completed.

 

We filed a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on June 13, 2003, and copies were hand delivered to the State Environmental Clearinghouse in Sacramento. The thirty-day public review period required by CEQA began with the filing of the Notice of Intent, and the final date for the public to submit written comments was July 14, 2003.

 

We will provide copies of all of the written comments submitted by July 14th for your consideration, in addition to any testimony that may be presented at the public hearing.

 

Vision Alignment

We believe our recommendation is consistent with the Shared Commitment to be a "responsive, effective and collaborative government," and Goal Number 20, "government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain," as the project will reduce the potential for flooding in response to the needs of the community, while protecting endangered species that reside in the project area.

 

Fiscal Impact

The estimated total cost of the project is $250,000 and is proposed to be financed with San Bruno Creek Flood Control Zone funds. These funds are available from property taxes levied in the Zone. The Airport reimburses the Zone for 1/2 of the cost of the work as provided by the Flood Control/Airport agreement entered into in 1968.

 

There is no impact to the General Fund.

 

A form of resolution ahs been approved by County Counsel.

 

We have sent a copy of this report to the Mayor of the City of San Bruno and to Mr. Robert Riechel and Ms. Monique Duval who have been spokespersons for the residents near the San Bruno Creek Flood Control facilities.