Cities Index.
1. Native American Monitoring Service Agreement

Anaheim City Council
April 16, 2024

Document
1. Native American Monitoring Service Agreement
Meeting
April 16, 2024
Body
Anaheim City Council
Original file
1.4 MB
Text extracted from the city's file for reading and search. Open the original on local.anaheim.net. That file is the official record.

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Comments and Responses (Exhibit B) December 2016
EXHIBIT B. MITIGATION MONITORING AND REPORTING PLAN
Introduction
In accordance with CEQA, an IS/MND that identified adverse impacts related to the construction activity for the Lincoln Avenue Wide ning Project (East Street to Evergreen Street) was prepared. The MND identified mitigation measures that would reduce or eliminate these impacts.

Section 21081.6 of the Public Resources Code and Sections 15091(d) and 15097 of the State CEQA Guidelines require public agencies to adopt a reporting and monitoring program for changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. A Mitigation Monitoring and Reporting Plan (MMRP) is required for the Proposed Project, because the IS/MND identified potentially significant adverse impacts related to construction activity, and mitigation measures have been identified to mitigate these impacts. Adoption of the MMRP will occur along with approval of the Proposed Project.

Purpose of the Mitigation Monitoring and Reporting Plan This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during the construction and operation of the Proposed Project, as required. The MMRP may be modified by the City of Anaheim during project implementation, as necessary, in response to changing conditions or other project refinements. The MMRP table has been prepared to assist the responsible parties in implementing the MMRP. This table identifies the category of significant environmental impact(s), individual mitigation measures, monitoring and mitigation timing, responsible person/agency for implem enting the measure, monitoring and reporting procedure, and notation space to confirm implementation of the mitigation measures. The numbering of the mitigation measures follows the numbering sequence in the IS/MND.

Roles and Responsibilities
The City of Anaheim Department of Public Works, as Lead Agency, is responsible for oversight of compliance of the mitigation measures in the MMRP.

Mitigation Monitoring and Reporting Plan
The column categories identified in the MMRP table are described below. • Mitigation Measure – This column lists the mitigation measures by number. • Monitoring Activity/Timing/Frequency/Schedule – This column lists the activity to be monitored for each mitigation measure, the timing of each activity, and the frequency/schedule of monitoring for each activity.
• Implementation Responsibility/Verification – This column identifies the entity responsible for complying with the requirements of the mitigation measure, and provides space for verification initials and date.
• Responsibility f or Oversight of Compliance/Verification – This column provides the agency responsible for oversight of the mitigation implementation, and is to be dated and initialed by the agency representative based on the documentation provided by the construction cont ractor or through personal verification by agency staff.

EXHIBIT A.

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan (Exhibit B) December 2016 • Outside Agency Coordination – this column lists any agencies with which the City of Anaheim Department of Public Works may coordinate for implementation of the mitigation measure. • Comments – this column provides space for written comments, if necessary.

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan (Exhibit B) December 2016 Exhibit B
Lincoln Avenue Widening Project (East Street to Evergreen Street) Mitigation Monitoring and Reporting Plan
Mitigation Measure
Monitoring
Activity/Timing/
Frequency/
Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
Air Quality
AQ-1: During construction, all rubber
tired dozers and graders shall be
California Air Resources Board
(CARB) certified Tier 3 or better.

Activity:

Verification that all
rubber tired dozers and
graders are CARB
certified Tier 3 or
better.

Timing:

During construction.

Frequency: As
necessary during
construction.

Project Contractor

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Possible
Coordination with
CARB.

Biological Resources
B-1: To avoid take of any species
protected under the Migratory Bird
Treaty Act (MBTA), if construction
activities occur within the bird breeding
season (February 15 through September
15) then a pre-construction nesting bird
survey shall be conducted no more than
30 days prior to the start of construction
by a qualified biologist. The nest
survey shall include the project site and
areas immediately adjacent to the site
that could potentially be affected by
project activities such as noise, human
activity, dust, etc. If active nests are
Activity:

Conduct survey if
construction is to
occur during breeding
season.

Biological monitoring
to avoid active nests
(if necessary).

Timing:
30 days prior to
construction.

During construction (if
necessary).

Project Biologist

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Possible
Coordination with
CDFW.

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan (Exhibit B) December 2016 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/
Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
found on or immediately adjacent to the
project site, then the qualified biologist
will establish an appropriate buffer zone
around the active nests, typically a 300-
foot radius for songbirds and a 500-foot
radius for raptors. Project activities
shall be avoided within the buffer zone
until the nest is deemed no longer active
by the biologist. The monitoring
biologist will monitor the nest(s) during
construction and document any
findings. Once the monitoring biologist
determines that the nest is no longer
active then the buffer area would no
longer be in effect.

Frequency:

Once during pre-
construction.

As necessary during
construction.

Cultural Resources
CR-1: In the event that any
archaeological materials are
encountered during ground-disturbing
Project-related activities, all activities
must be suspended in the vicinity of the
find. An archeologist shall be obtained
and empowered to halt or divert
ground-disturbing activities. A plan
must be instituted and completed before
ground-disturbing activities can
recommence in the area of the find to
allow for the recovery of the find. The
archeologist shall describe the find in a
professional report which shall receive
reasonable wide distribution. Any
recovered finds shall be prepared to the
point of identification. If determined to
Activity:

In the event of an
archaeological find,
conduct archaeological
monitoring.

Timing:

During ground
disturbing construction
activities.

Frequency: As
necessary during
construction.

Qualified Archaeologist

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan (Exhibit B) December 2016 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/
Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
be of scientific/historical value,
recovered materials shall be deposited
with a local institution with facilities for
their proper curation, analysis, and
display. Final disposition and location
of the recovered materials shall be
determined by the City of Anaheim.

Hazards and Hazardous Materials
HM-1: Prior to any lane closures, the
City of Anaheim (or its contractor) shall
prepare a Traffic Control Plan that is
submitted for review and approval to
the Public Works Department to ensure
proper access to residences and
businesses by emergency vehicles
during construction and to maintain the
flow traffic.

Activity:

Preparation of a
Traffic Control Plan.

Timing:

Prior to any lane
closures.

Frequency: As
necessary during
construction.

Project Contractor

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Noise
N-1: During all project site
construction, the construction
contractors shall equip all construction
equipment, fixed or mobile, with
properly operating and maintained
mufflers, consistent with
manufacturers’ standards. The
construction contractor shall place all
stationary construction equipment so
that emitted noise is directed away from
the noise sensitive receptors nearest the
project site.

Activity:

Verify that all
equipment is equipped
with properly
operating and
maintained mufflers
and staged in areas
away from noise
sensitive receptors.

Timing:

During construction
(as necessary).

Project Contractor

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan (Exhibit B) December 2016 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/
Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
Frequency: As
necessary during
construction.

N-2: The construction contractor shall
locate equipment staging in areas that
will create the greatest distance between
construction-related noise sources and
noise-sensitive receivers nearest the
project site (i.e., to the center) during all
project construction.

Activity:

Stage equipment in
areas away from noise
sensitive receptors.

Timing:

During construction
(as necessary).

Frequency: As
necessary during
construction.

Project Contractor

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

N-3: The construction contractor shall
limit haul truck deliveries to the same
hours specified for construction
equipment (between the hours of 7:00
a.m. to 7:00 p.m. on any day). The
contractor shall design delivery routes
to minimize the exposure of sensitive
land uses or residential dwellings to
delivery truck-related noise.

Activity:

Limit haul truck
deliveries and
minimize exposure of
sensitive land use or
dwellings to delivery
or truck related noise.

Timing:

During construction
(as necessary).

Frequency: As
necessary during
construction.

Project Contractor

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan (Exhibit B) December 2016 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/
Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
N-4: The operation of construction
equipment that generates high levels of
vibration, such as large bulldozers and
loaded trucks, shall be prohibited within
50 feet of the existing off-site
residential homes during project
construction. Instead, small rubber-
tired bulldozers shall be used within 50
feet of nearby sensitive receiver
locations during project construction.

Activity:

Use of small rubber-
tired bulldozers within
50 feet of nearby
sensitive receiver
locations during
project construction.

Timing:

During construction
(as necessary).

Frequency: As
necessary during
construction.

Project Contractor

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

N-5: The construction contractor shall
utilize an asphalt rubber hot mix
(ARHM) overlay to reduce the noise
levels associated with vehicle tires
traveling over pavement on Lincoln
Avenue between East Street and
Evergreen Street.

Activity:

Use of an asphalt
rubber hot mix
(ARHM) overlay to
reduce noise.

Timing:

During construction
(as necessary).

Frequency: As
necessary during
construction.

Project Contractor

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Lincoln Avenue Widening Project (East Street to Evergreen Street) Final Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Plan (Exhibit B) December 2016 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/
Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
Paleontological Resources
PR-1: The City of Anaheim Public
Works Department (or its contractor)
shall ensure that any substantial
excavations in the project area below
the uppermost layers, be closely
monitored by a qualified
paleontological monitor to quickly and
professionally collect any specimens
without impeding development. Also,
sediment samples shall be collected and
processed to determine the small fossil
potential in the project area. Any
fossils recovered during mitigation shall
be deposited in an accredited and
permanent scientific institution for the
benefit of current and future
generations.

Activity:

Conduct
paleontological
monitoring during
substantial excavations
in the project area.

Timing:

During substantial
excavation
construction activities.

Frequency: As
necessary during
construction.

Qualified
Paleontologist

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Tribal Cultural Resources
TCR-1: Native American Consultation
and Monitoring. The City of Anaheim
Public Works Director, or designee,
shall provide the Gabrieleño Band of
Mission Indians – Kizh Nation with the
Project grading plan for review prior to
construction. The need for Native
American Monitoring of ground-
disturbing activities shall be evaluated
and agreed to by the Public Works
Director, tribal representatives, and a
professional archeologist.

Activity:

Native American
Consultation.

Timing:

Prior to construction.

Frequency: As
necessary during
construction.

City of Anaheim
Department of Public
Works

Initials

Date

City of Anaheim
Department of Public
Works

Initials

Date

Possible
coordination with
the Gabrieleño
Band of Mission
Indians – Kizh
Nation.

← All documents from this meeting