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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: APRIL 16, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: NATIVE AMERICAN MONITORING SERVICE AGREEMENT
FOR THE LINCOLN AVENUE WIDENING FROM EAST STREET
TO EVERGREEN STREET PROJECT
ATTACHMENT (Y/N): YES ITEM # 08
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion, approve the Native American Monitoring Service Agreement (Agreement) for the Lincoln Avenue Widening from East Street to Evergreen Street Project with Kizh Nation Resources Management (KNRM), for an estimated amount not-to-exceed $135,000, and authorize and direct the Director of Public Works to execute the Agreement and to take any and all actions as are necessary to implement and administer the Agreement.
DISCUSSION:
On December 20, 2016, City Council, by Resolution, adopted a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Lincoln Avenue Street Widening from East Street to Evergreen Street Project (Project) supported by those findings required by the California Environmental Quality Act (CEQA).
The Project lies in an area where ancestral tribal territories resided during the late prehistoric periods. In accordance with Assembly Bill 52 Section 21080.3.1, the City coordinated with KNRM, a descendant tribe of the Gabrieleño Band of Mission Indians.
The Mitigation Monitoring Plan requires Native American consultation and monitoring by KNRM. This Agreement between KNRM and the City is needed for KNRM to provide a certified Native American Monitor to be on site during any and all ground disturbances (including but not limited to pavement removal, post hole digging, auguring, boring, grading, excavation and trenching) to protect any cultural resources which may be effected during construction. While the street may be located in an area that has been previously developed, there is still a possibility that significant cultural resources will be encountered during ground disturbance activities.
Based on the Agreement’s hourly rates and the construction contractor’s schedule for 100 days of ground disturbance, the estimated not-to-exceed amount for the mitigation monitoring by KNRM is $135,000 which includes a contingency of 40 extra days. This mitigation monitoring cost is passed through to the construction contractor in their construction contract with the obligation to comply with this Agreement and pay for these costs.
Native American Monitoring Service Agreement for the Lincoln Avenue Widening from East Street to Evergreen Street Project April 16, 2024
City Council awarded the construction contract for the Project to SEMA Construction on December 12, 2023. Construction is tentatively scheduled to start in the spring/summer of 2024 and should be completed by the summer of 2025.
IMPACT ON BUDGET:
Adequate funding is available from an M2 Grant and the Department of Public Works Restricted Transportation and Wastewater Fund in FY 2023/24 budget.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachment:
1. Native American Monitoring Service Agreement