Agenda packet — Dublin City Council, October 17, 2023 (part 1 of 5)

October 17, 2023 Dublin City Council Regular Meeting Agenda 1

COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Michael McCorriston, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Kashef Qaadri, Councilmember

Regular Meeting of the

DUBLIN CITY COUNCIL

Tuesday, October 17, 2023 Location: City Council Chamber 100 Civic Plaza
Dublin, CA 94568

REGULAR MEETING 7:00 PM

Additional Meeting Procedures

This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings

For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:

□ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, October 17, 2023. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.

□ Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.

□ When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.

□ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE
1 October 17, 2023 Dublin City Council Regular Meeting Agenda 2

3. ORAL COMMUNICATIONS

3.1 Certificate of Recognition of Council on American-Islamic Relations (CAIR) – San Francisco Bay Area
The City Council will present a certificate of recognition to the Council on American- Islamic Relations (CAIR) - San Francisco Bay Area.

STAFF RECOMMENDATION:

Present the certificate.

Staff Report
Attachment 1 - CAIR-SFBA Certificate of Recognition

3.2 Presentation of the World Polio Day Proclamation
The City Council will present the World Polio Day proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

Staff Report
Attachment 1 - World Polio Day Proclamation

3.3 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

4.1 Approval of the October 3, 2023 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the October 3, 2023 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the October 3, 2023 Regular City Council Meeting.

Staff Report
Attachment 1 - October 3, 2023 Regular City Council Meeting Minutes

4.2 Adopt an Addendum to Mitigated Negative Declaration, Approval of Plans and Specifications, Award of Contract to Goodfellow Bros. California, LLC, Waive a Minor Bid Irregularity, and Approval of a Budget Change for the Iron Horse Nature Park and Open Space - Phase 1 Project, CIP No. PK0422
The City Council will consider adopting an addendum to the 2013 Mitigated Negative Declaration, approving the plans and specifications, waiving a minor bid irregularity, and 2 October 17, 2023 Dublin City Council Regular Meeting Agenda 3

awarding a construction contract to Goodfellow Bros. California, LLC for the Iron Horse Nature Park and Open Space - Phase 1 Project. The project will construct the first phase of the 12.13-acre Iron Horse Nature Park and Open Space Park, located adjacent to the existing Iron Horse Regional Trail and Amador Valley Boulevard. The City Council will also consider approving a budget change to shift project funding from Fiscal Year 2024-25 to the current fiscal year.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Adopting an Addendum to the Mitigated Negative Declaration for the Iron Horse Nature Park and Open Space Project; 2) Adopt the Resolution Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to Goodfellow Bros. California, LLC for the Iron Horse Nature Park and Open Space - Phase 1 Project, CIP No. PK0422; and 3) approve the budget change.

Staff Report
Attachment 1 - Resolution Approving an Addendum to the Mitigated Negative Declaration for the Iron Horse Nature Park and Open Space Project
Attachment 2 - Exhibit A to the Resolution - Addendum to 2013 Adopted Initial Study/Mitigated Negative Declaration, Iron Horse Nature Park and Open Space Project Attachment 3 - Resolution Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to Goodfellow Bros. California, LLC for the Iron Horse Nature Park and Open Space Project - Phase 1, CIP No. PK0422 Attachment 4 - CIP No. PK0422
Attachment 5 - Bid Results
Attachment 6 - Resolution No. 166-13 Certifying the Iron Horse Nature Park and Open Space Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
Attachment 7 - Budget Change Form

4.3 Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8647, 8649, and 8650
The City Council will receive a notification of the City Engineer’s receipt of the Final Maps for review for Tracts 8647, 8649, and 8650, Francis Ranch Neighborhoods 3, 5, and 6.

STAFF RECOMMENDATION:

Receive the notification.

Staff Report

4.4 Quarry Lane Performing Arts Center (PLPA-2021-00041) On October 3, 2023, the City Council held a public hearing to consider the Quarry Lane School Performing Arts Center project located at 6237 and 6363 Tassajara Road. The project includes the construction of a 13,800-square-foot performing art center and related site, landscape, and parking improvements. The requested approvals include an amendment to the Planned Development Zoning Stage 1 and 2 Development Plans, Conditional Use Permit and Site Development Review Permit. The City Council adopted a Supplemental Mitigated Negative Declaration, approved a Conditional Use Permit and Site Development Review Permit, and introduced an Ordinance approving amendment to the Planned Development Zoning. The City Council is now being asked to waive the second reading and adopt the Ordinance approving the Planned Development Zoning Amendments.

3 October 17, 2023 Dublin City Council Regular Meeting Agenda 4

STAFF RECOMMENDATION:

Waive the reading and adopt the Ordinance Amending the Zoning Map and Approving an Amended Planned Development Zoning District and Related Stage 1 and Stage 2 Development Plans for the Quarry Lane School.

Staff Report
Attachment 1 - Ordinance Amending the Zoning Map and Approving an Amended Planned Development Zoning District and Related Stage 1 and Stage 2 Development Plans for the Quarry Lane School
Attachment 2 - City Council Staff Report dated October 3, 2023, without attachments

4.5 State Transportation Improvement Program (STIP) Grant Application for the Village Parkway Reconstruction and Complete Streets Project, CIP No. ST0323 The City Council will consider authorizing the City Manager, or designee, to file an application for grant funds from the State Transportation Improvement Program (STIP) for the Village Parkway Reconstruction and Complete Streets Project, CIP No. ST0323.

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurances to Complete the Village Parkway Reconstruction and Complete Streets Project, CIP No. ST0323.

Staff Report
Attachment 1 - Resolution Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurances to Complete the Village Parkway Reconstruction and Complete Streets Project, CIP No.

ST0323
Attachment 2 - CIP No. ST0323

4.6 Second Amendment to the Energy Savings Performance Contract with Willdan Energy
Solutions for the Citywide Energy Improvements Project, CIP No. GI0121 The City Council will consider approving a second amendment to the Energy Savings Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No. GI0121.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Second Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No. GI0121.

Staff Report
Attachment 1 - Resolution Approving a Second Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No. GI0121
Attachment 2 - Exhibit A to the Resolution - Second Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions
Attachment 3 - Energy Savings Performance Contract with Willdan Energy Solutions Attachment 4 - Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions
Attachment 5 - CIP No. GI0121

4 October 17, 2023 Dublin City Council Regular Meeting Agenda 5

4.7 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from September 1, 2023 – September 30, 2023, totaling $6,125,063.78.

STAFF RECOMMENDATION:

Receive the report.

Staff Report
Attachment 1 - Payment Issuance Report for September 2023

5. WRITTEN COMMUNICATION – None.

6. PUBLIC HEARING

6.1 Downtown Dublin Preferred Vision Implementation General Plan and Downtown Dublin Specific Plan Amendments
The City Council will consider amendments to the General Plan and the Downtown Dublin Specific Plan to further implement the Downtown Dublin Preferred Vision approved by the City Council in 2019. The amendments consist of adding Research and Development as a new land use, increasing the residential allocation by 465 units, decreasing the non-residential allocation by 300,000 square feet, increasing the height and floor area ratio in “The Core” area of the Retail District, and changes to setbacks. No specific development is proposed at this time. An Addendum to the Environmental Impact Report (EIR) has been prepared that concludes that all potential environmental effects were adequately addressed in the original EIR.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the Resolution Amending the General Plan and Downtown Dublin Specific Plan to Further Implement the Downtown Dublin Preferred Vision.

Staff Report
Attachment 1 - Resolution Amending the General Plan and Downtown Dublin Specific Plan to Further Implement the Downtown Dublin Preferred Vision Attachment 2 - DDSP Amendments Redlined Pages
Attachment 3 - CEQA Addendum
Attachment 4 - Planning Commission Resolution No. 23-07 Recommending that the City Council Amend the General Plan and Downtown Dublin Specific Plan Item 6.1 PowerPoint Presentation
Item 6.1 - SB 343

7. UNFINISHED BUSINESS

7.1 Community Facilities District Formation
The City Council will consider various actions to initiate proceedings to form a Community Facilities District at the East Ranch project location.

STAFF RECOMMENDATION:

Adopt the following: 1) Resolution Declaring Intention to Form a Community Facilities District and Levy Special Taxes in the City of Dublin Community Facilities District No. 2023-1 (East Ranch) to Finance Certain Public Services and the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District; and 2) Resolution Declaring Intention to Incur Bonded Indebtedness to Finance the 5 October 17, 2023 Dublin City Council Regular Meeting Agenda 6

Acquisition and Construction of Certain Public Facilities in and for City of Dublin Community Facilities District No. 2023-1 (East Ranch).

Staff Report
Attachment 1 - Resolution Declaring Intention to Form a Community Facilities District and Levy Special Taxes in the City of Dublin Community Facilities District No. 2023-1 (East Ranch)
Attachment 2 - Exhibit A to the Resolution - Rate and Method of Apportionment Attachment 3 - Resolution Declaring Intention to Incur Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City of Dublin Community Facilities District No. 2023-1 (East Ranch)
Attachment 4 - Public Comment
Item 7.1 PowerPoint Presentation

8. NEW BUSINESS

8.1 MCE Corporation Economic Evaluation and Comparative Analysis The City Council will receive a report evaluating the City’s costs over a five-year period for maintenance services provided by MCE Corporation. In addition, the report will include a comparative analysis relating to the maintenance services in neighboring jurisdictions of Brentwood, Pleasanton, and San Ramon.

STAFF RECOMMENDATION:

Receive the report.

Staff Report
Attachment 1 - MCE Maintenance Services and Subcontractors by Task List Attachment 2 - Fiscal Year 2022-23 Comparative Analysis Item 8.1 PowerPoint Presentation

9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

10. ADJOURNMENT

This AGENDA is posted in accordance with Government Code Section 54954.2(a)

If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.

Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings.

6 October 17, 2023 Dublin City Council Regular Meeting Agenda 7

Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
7 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.1
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Certificate of Recognition - Council on American-Islamic Relations (CAIR) - San Francisco Bay Area
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:

The City Council will present a certificate of recognition to the Council on American-Islamic Relations (CAIR) - San Francisco Bay Area.

STAFF RECOMMENDATION:

Present the certificate.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council would like to recognize the Council on American-Islamic Relations (CAIR) - San Francisco Bay Area on their 29th Anniversary, celebrating their ongoing support and advocacy for civil rights, efforts to protect and empower communities, and continued service to the Dublin community.

The Council on American-Islamic Relations is America’s largest Islamic civil liberties group, with regional offices nationwide. The CAIR-SFBA was founded in 1994 in response to growing anti- Muslim discrimination and Islamophobia across the nation. It has grown to be recognized as a leader and champion of justice for all Americans and serves nearly 250,000 Muslims residing in the nine Bay Area counties.
8

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STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) CAIR-SFBA Certificate of Recognition
9 Attachment 1

CERTIFICATE OF RECOGNITION
Given to

COUNCIL ON AMERICAN ISLAMIC
RELATIONS – SAN FRANCISCO BAY AREA
In recognition of the 29th Anniversary of CAIR-SFBA and in celebration of its ongoing support and advocacy for civil rights, efforts to protect and empower communities, and continued service to the Bay Area and Dublin community.

Presented by the
City Council of the City of Dublin
Dated: October 17, 2023

Mayor Melissa Hernandez Vice Mayor Michael McCorriston

Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 10 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.2
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Presentation of the World Polio Day Proclamation Prepared by: Marissa Clevenger, Administrative Technician EXECUTIVE SUMMARY:

The City Council will present the World Polio Day proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Polio is a highly infectious disease that is spread person to person, typically through contaminated water. It commonly affects children under the age of 5 and can attack the nervous system and lead to paralysis. The eradication of polio is one of Rotary’s longest standing and most significant efforts. Those efforts are providing much needed operational support, medical staff, laboratory equipment, and educational materials for health workers and parents.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
11

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ATTACHMENTS:
1) World Polio Day Proclamation
12 Attachment 1

A PROCLAMATION OF THE

CITY OF DUBLIN, CALIFORNIA
“World Polio Day”
WHEREAS, Poliomyelitis, also known as poliovirus or polio , is a highly infectious disease that is spread person to person, typically through contaminated water; and
WHEREAS, polio commonly affects children under the age of 5 and can attack the nervous system and lead to paralysis; and WHEREAS, there is no cure, but polio is preventable with a vaccine which has been administered to over 2.5 billion children in 122 cou ntries and polio cases have dropped by 99 .9% since 1988 when Rotary helped establish the Global Polio Eradication Initiative; and
WHEREAS, Rotary is a global network of 1.4 million neighbors, friends, leaders, and problem -solvers who see a world where people unite and take action to create lasting change – across the globe, in our communities, and in ourselves; and WHEREAS, the eradication of polio is one of Rotary’s longest standing and most significant efforts; and WHEREAS, these efforts are providing much needed operational support, medical staff, laboratory equipment, and educational materials for health workers and parents.

NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim October 24, 2023, as “World Polio Day” in the City of Dublin and encourages all citizens to join the fight for a polio-free world.

DATED: October 17, 2023

Mayor Melissa Hernandez Vice Mayor Michael McCorriston
_______
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 13 STAFF REPORT

CITY COUNCIL

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Agenda Item 4.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the October 3, 2023 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the October 3, 2023 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the October 3, 2023 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) October 3, 2023 Regular City Council Meeting Minutes DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the October 3, 2023 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
14 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: October 3, 2023

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 3, 2023
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, October 3, 2023, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1) CALL TO ORDER
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present
Kashef Qaadri, Councilmember Present
2) PLEDGE OF ALLEGIANCE
Mayor Hernandez recognized the passing of Senator Dianne Feinstein and asked for a moment of silence.
3) ORAL COMMUNICATIONS

3.1) Presentation of the Domestic Violence Awareness and Prevention Month Proclamation
The City Council presented the Domestic Violence Awareness and Prevention Month Proclamation to Tri-Valley Haven and Rewire Community.

3.2) Presentation of the Hindu American Awareness and Appreciation Month Proclamation
The City Council presented the Hindu American Awareness and Appreciation Month Proclamation.

Attachment 1
15 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 3, 2023

3.3) Employee Introduction
New City of Dublin Staff member, Stephanie Tsoi, Senior Accountant in the Finance Department, was introduced.

3.4) Public Comment
Marti Sutton provided public comment.

Namrata Berry provided public comment.
4) CONSENT CALENDAR

4.1) Approved the September 19, 2023, Regular City Council Meeting Minutes.

On a motion by Councilmember Qaadri, seconded by Councilmember Hu, and by unanimous vote, the City Council adopted the Consent Calendar.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Dr. Sherry Hu, Councilmember
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
5) WRITTEN COMMUNICATION – None.
6) PUBLIC HEARING

6.1) Quarry Lane School Performing Arts Center (PLPA-2021-00041) The City Council received a presentation regarding an application from Dr. Sabri Arac of Quarry Lane School, which proposed to construct a 13,800- square-foot performing arts center and related site, landscape, and parking improvements for the Quarry Lane School located at 6237 and 6363 Tassajara Road.

Mayor Hernandez opened the Public Hearing.

Diya Jain provided public comment.

Poluk Sharma provided public comment.

Jaz Hayer provided public comment.

Niket Vakharia provided public comment.
16 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 3, 2023
Mayor Hernandez closed the Public Hearing.

On a motion by Councilmember Josey, seconded by Mayor Hernandez, and by unanimous vote, the City Council adopted Resolution No. 105-23 titled, “Adopting a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for a New Performing Arts Center at the Quarry Lane School;” waived the reading and introduced the Ordinance Amending the Zoning Map and Approving an Amended Planned Development Zoning District and Related Stage 1 and Stage 2 Development Plans for the Quarry Lane School; and adopted Resolution No. 106-23 titled, “Approving a Conditional Use Permit and Site Development Review Permit for a New Performing Arts Center at the Quarry Lane School.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Melissa Hernandez, Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
7) UNFINISHED BUSINESS – None.
8) NEW BUSINESS

8.1) Dublin Arts Center Operations Overview
The City Council received a report on the planned operation of the Dublin Arts Center and asked Staff clarifying questions.
9) OTHER BUSINESS
The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

By consensus, the City Council directed staff to prepare a Polio Day Proclamation and a Certificate of Commendation for the Council on American-Islamic Relations SF Bay Area (CAIR-SFBA).

By consensus, the City Council requested an update on the library improvements project. 17 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 3, 2023
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 9:06 PM.

Mayor
ATTEST:

City Clerk
18 STAFF REPORT

CITY COUNCIL

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Agenda Item 4.2
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Adopt an Addendum to Mitigated Negative Declaration, Approval of Plans and Specifications, Award of Contract to Goodfellow Bros. California, LLC, Waive a Minor Bid Irregularity, and Approval of a Budget Change for the Iron Horse Nature Park and Open Space - Phase 1 Project, CIP No. PK0422 Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will consider adopting an addendum to the 2013 Mitigated Negative Declaration, approving the plans and specifications, waiving a minor bid irregularity, and awarding a construction contract to Goodfellow Bros. California, LLC for the Iron Horse Nature Park and Open Space - Phase 1 Project. The project will construct the first phase of the 12.13-acre Iron Horse Nature Park and Open Space Park, located adjacent to the existing Iron Horse Regional Trail and Amador Valley Boulevard. The City Council will also consider approving a budget change to shift project funding from Fiscal Year 2024-25 to the current fiscal year.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Approving an Addendum to the Mitigated Negative Declaration for the Iron Horse Nature Park and Open Space Project; 2) Adopt the Resolution Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to Goodfellow Bros. California, LLC for the Iron Horse Nature Park and Open Space - Phase 1 Project, CIP No. PK0422; and 3) approve the budget change.

FINANCIAL IMPACT:

As approved in the 2022-2027 Capital Improvement Program Update (CIP), the total project cost for the Iron Horse Nature Park and Open Space project, CIP No. PK0422, is $11,643,500, with available funding of $9,425,000. The base bid for Phase 1 of the project submitted by Goodfellow Bros. California, LLC is $3,324,491, with four add-alternate items totaling $485,300 for future broadband infrastructure (fiber optic communications conduit and pull boxes). Staff does not recommend the inclusion of the add-alternate items. Staff does recommend, however, a 10% construction contingency of $335,000 to facilitate change orders for unforeseen construction 19

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issues, bringing the total potential construction contract amount to $3,659,491.

In addition to the construction contract, the Phase 1 project budget includes expenditures for utility and agency permit fees and soft costs, which include Staff time, consultant costs, and other miscellaneous costs. Staff estimates a total project cost of $5,400,000, which will require a budget change to shift Public Facilities Fee funding from Fiscal Year 2024-25 to the current year in the amount of $489,600. If approved, the budget adjustment will be reflected in the revised CIP worksheet. The proposed funding and costs are as follows:

Funding Source
Public Facilities Fee $7,081,000
State Park Grant $2,294,000
General Fund (Stagecoach Park shade structure) $50,000
Total Project Funding $9,425,000
Available Project Funding through FY 2023-24 $4,910,400 Project Costs – Phase 1
Base Bid $3,324,491
Construction Contingency $335,000
Utility/Agency Fees (DSRSD, County, KinderMorgan, Zone 7) $78,509 Soft Costs 1,662,000
Total Estimated Expenditures $5,400,000
Proposed Funding Shift to FY 2023-24 $489,600
DESCRIPTION:

The 2022-2027 Capital Improvement Program Update (CIP) includes the 12.13-acre Iron Horse Nature Park and Open Space Project, CIP No. PK0422, located adjacent to the existing Iron Horse Regional Trail between the northern City limit to just south of Amador Valley Boulevard. The first phase of the project will construct approximately 2,000 linear feet of new trail and will remove contaminated soil and a hazardous wooden trestle (a relic of its former use as a railroad corridor).

The project will also construct seating and gathering spaces, a shade structure, a bike rack and repair station, benches, interpretive signage, trail connections to Stagecoach Park and the Iron Horse Regional Trail, landscaping and wetland mitigation, a small arch culvert bridge, and replacement sidewalk along Amador Valley Boulevard at the trail crossing. Future phases of the project are dependent upon additional funding, will improve the balance of the 12.13 acres, and may include expanding the park land area through cooperation with the adjacent property owner, Zone 7 Water Agency.

Bid Process and Results
The City of Dublin issued the bid package for the Iron Horse Nature Park and Open Space Project – Phase 1 on July 27, 2023. The bid package was made up of 72 base bid items and four add- 20

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alternate items. The four add-alternate items included in the bid package were for installation of broadband communications infrastructure (conduit and pull boxes) for potential future fiber optic communications for City use. Six sealed bids were received on September 13, 2023, with base bids ranging from $3,324,491 to $5,459,063 and add-alternate bids ranging from $410,575 to $650,000. A summary of the bids is provided as Attachment 4. The low base bid was submitted by Goodfellow Bros. California, LLC.

Goodfellow Bros. California, LLC’s bid contained a minor bid irregularity in that one document was submitted, but mistakenly unsigned. Goodfellow Bros. California, LLC has since submitted the document with proper signature. The Public Contract Code and the City’s bid documents define this inconsistency as a “minor bid irregularity,” and authorize the City to “waive” these irregularities and proceed with the award of the contract.

Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council waive the minor bid irregularity and award the project construction contract to Goodfellow Bros. California, LLC, as the lowest responsive bidder. Staff is not recommending awarding the add-alternate bid items because Goodfellow Bros. California, LLC’s add-alternate bid was 2.7 times the engineer’s estimate. Staff is also recommending a budget change to shift $489,600 of Public Facilities Fee funding from Fiscal Year 2024-25 to the current year, Fiscal Year 2023-24, to cover estimated total project costs and to facilitate timely payment to the contractor and project consultants.

In order to facilitate the approval of contract change orders and avoid construction delay, it is requested that the City Manager be authorized to approve change orders up to the contingency amount of $335,000. The resolution will authorize this change as it relates to the project.

If the construction contract is awarded to Goodfellow Bros. California, LLC, Staff expects work to begin in November 2023, weather dependent. The project is anticipated to be complete in fall/winter 2024.

Community Workforce Agreement
On January 11, 2022, the City Council approved a Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County and its Affiliated Local Unions.

The CWA is applicable to public works projects valued at over $1,000,000 and ensures that there are no labor issues related to said projects and bolsters local efforts to connect residents with careers in the building and construction trades. The CWA includes a Local Hire Goal where 20% of all hours on a project are worked by Local Residents, who are defined as individuals that reside within Alameda County or within a 15-mile radius of City limits. The CWA also requires contractors to hire one new apprentice for the first $1,000,000 of construction costs, and an additional new apprentice for every $5,000,000 construction costs, based on the engineer’s estimate. Apprentices must work a minimum of 10% of the total craft’s work hours, but the CWA allows that apprentices may be deployed to another project to ensure the minimum number of hours are met.

Staff worked with a consultant, Workforce Integrity and Training Solutions, to prepare bid documents and solicit bids for the Iron Horse Nature Park and Open Space Project – Phase 1 that 21

Page 4 of 4 ends

comply with the provisions of the CWA. The provisions include the requirement that responsive bidders include an Agreement to be Bound to and by the CWA, and that all subcontractors of the successful bidder execute the Agreement to be Bound within 14 days after Notice of Award.

California Environmental Quality Act (CEQA)
On October 1, 2013, the City Council adopted Resolution No. 166-13 certifying the Iron Horse Nature Park and Open Space Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (“2013 MND/MMRP,” Attachment 5). As a part of the Phase 1 planning and design process for the project, an additional environmental review was conducted to determine if the Phase 1 portion of the project and related impacts have changed substantially from the original CEQA document. The additional environmental review has shown that Phase 1 of the project has not changed substantially from the originally reviewed project and would have no significant impacts beyond those identified in the 2013 MND/MMRP, which is documented in the Addendum to 2013 Approved Initial Study/Mitigated Negative Declaration, Iron Horse Nature Park and Open Space Project (Attachment 6). Therefore, no subsequent environmental review of the project is required.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted. A courtesy copy of this report was sent to Goodfellow Bros.

California, LLC.

ATTACHMENTS:
1) Resolution Approving an Addendum to the Mitigated Negative Declaration for the Iron Horse Nature Park and Open Space Project
2) Exhibit A to the Resolution - Addendum to 2013 Adopted Initial Study/Mitigated Negative Declaration, Iron Horse Nature Park and Open Space Project 3) Resolution Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to Goodfellow Bros. California, LLC for the Iron Horse Nature Park and Open Space Project – Phase 1, CIP No. PK0422
4) CIP No. PK0422
5) Bid Results
6) Resolution No. 166-13 Certifying the Iron Horse Nature Park and Open Space Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 7) Budget Change Form
22 Attachment 1
Reso. No. XX-23, Item X.X, Adopted 10/17/23 Page 1 of 2 RESOLUTION NO. XX - 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR THE

IRON HORSE NATURE PARK AND OPEN SPACE PROJECT
WHEREAS, the first phase of the Iron Horse Nature Park and Open Space project, CIP No. PK0422, (Project) is located in the Planned Development zone for which the City of Dublin adopted a General Plan Amendment and Planned Development Rezone with a related Stage 1/2 Development Plan for a future park site on October 1, 2013; and WHEREAS, on October 1, 2013 the City Council also approved the Iron Horse Nature Park and Open Space Master Plan to construct a 12.13-acre nature park and open space adjacent to the existing Iron Horse Regional Trail from the Dublin/San Ramon city limit to the confluence of Alamo and South San Ramon Creeks; and
WHEREAS, on October 1, 2013, the City Council adopted Resolution No. 166-13 adopting the Mitigated Negative Declaration (MND) for PLPA-2023-00044, consisting of the Initial Study/Negative Declaration, the Response to Environmental Comments, and the Mitigation Monitoring and Reporting Program for the Iron Horse Nature Park and Open Space project (2013 MND/MMRP); and
WHEREAS, on December 7, 2021, the City Council approved the filing of an application for the Local Assistance Specified Grant from the State of California, Natural Resources Agency, Department of Parks and Recreation, and the Office of Grants and Local Services in the amount of $2,294,000, which secured funding for the Project; and WHEREAS, the proposed improvements for the Project will include approximately 2,000 linear feet of new trail and park amenities from Amador Valley Boulevard to Stagecoach Park with spur trails connecting the Project to Stagecoach Park and to the existing Iron Horse Regional Trail; and
WHEREAS, the proposed improvements are consistent with the adopted 2022 Parks and Recreation Master Plan for which the City Council adopted Resolution No. 38-22 on April 19, 2022; and
WHEREAS, CEQA Guidelines Section 15162 provides guidance on when a subsequent environmental review document must be prepared; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, when taking subsequent discretionary actions in furtherance of a project for which a MND has been previously approved, the lead agency is required to prepare an addendum if some changes of additions to the MND are necessary but none of the conditions described in CEQA Guidelines Section 15162 have occurred; and
23 Reso. No. XX-23, Item X.X, Adopted 10/17/23 Page 2 of 2 WHEREAS, the City conducted an additional environmental review by preparing an addendum to determine if the proposed Project and related impacts have changed substantially from the original 2013 MND/MMRP (Addendum to 2013 Adopted Initial Study/Mitigated Negative Declaration), as shown in Exhibit A, attached hereto; and WHEREAS, the Addendum to 2013 Adopted Initial Study/Mitigated Negative Declaration provides an analysis showing that the proposed Phase 1 has not changed substantially from the originally reviewed Iron Horse Nature Park and Open project and would have no significant impacts beyond those identified in the 2013 MND/MMRP and concludes that preparation of a subsequent MND is not required; and
WHEREAS, the City Council considered the Addendum to 2013 Adopted Initial Study/Mitigated Negative Declaration at its October 17, 2023 regularly scheduled meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Addendum to 2013 Adopted Initial Study/Mitigated Negative Declaration for the Iron Horse Nature Park and Open Space project, attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED this 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
24 1003 West Cutting Boulevard, Suite 110
Pt. Richmond, CA 948904
510-215-3620
N
CE Project No. 891.06.55
S
eptember 14, 2023
L
aurie Sucgang
Assistant Public Works Director/City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
R
E: Addendum to 2013 Adopted Initial Study/Mitigated Negative Declaration Iron Horse Nature Park and Open Space Project – Phase 1 P
roject Description and Comparison
The Dublin City Council approved the Iron Horse Nature Park and Open Space Master Plan, as well as adopted the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program at its meeting on October 1, 2013. In the MND document, the project was described as follows:
“Proposed Park. A lthough no specific park design has been formally selected by the City of Dublin, the City has been exploring multiple concepts for future uses that could occur in the park and has developed a concept site plan with community participation and support. The City is aware of the close proximity of residential uses along the corridor and the concept site plan has a number of low-intensity uses that include a mix of quieter, passive uses near residential areas with a few nodes of more active uses. A limited number of small structures would be constructed on the park site, and several of the following uses are likely to be included in the future park plan:
• Re-aligned Iron Horse Regional Trail
• Realigned South San Ramon Creek
• Expanded Wetland Areas with Boardwalk Trails and Wildlife Viewing Platforms • Children's play area
• Gathering space/ outdoor classroom(s)
• A nature interpretative area
• Picnic areas
• Community garden
• Children's garden
Attachment 2
25 Page | 2 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 • A riparian forest
• Protected and/ or preserved wetlands
• Public restrooms
• Parking area
The City is currently undertaking a comprehensive community outreach program to identify park designs and additional uses may ultimately be selected. The proposed park will likely include providing pedestrian and bicycle linkages with surrounding residential areas east and west of the site as well as a connection to Dublin High School and Stagecoach Park, a local City park.

The park is also expected to include realignment of the South San Ramon Creek and relocation of the Iron Horse Trail so that the creek and the trail could have a curvilinear route and pathway through the park rather than being linear and adjacent to the park (as currently exists). If the final park plan were to include the realignment of the creek and trail, the parcels that currently comprise the creek channel and regional trail would continue to be owned by the Zone 7, although they would be integrated into the park development and would function as an extension of the space.

A small vehicle parking lot is expected to be provided adjacent to Amador Valley Blvd.

Potable water and sewer lines would need to be extended to portions of the future park to support public restrooms. Recycled water lines would also be extended into portions of the project site for irrigation of future landscaped areas.

The operational hours of the park are expected to be daily, sunrise to sunset.” As funding became available and a grant was received, the first phase of the project began and the project had been further designed and refined since the adoption of the 2013 Initial Study (IS)/MND. Project improvements in the first phase will be consistent with the adopted Parks and Recreation Master Plan (City of Dublin 2022) and the approved Iron Horse Nature Park and Open Space Master Plan (City of Dublin 2013).

The first phase of the project will include a new 12-foot-wide asphalt concrete (AC) paved trail spanning approximately 2,000 linear feet with two-foot-wide aggregate base (AB) shoulders on either side. Park amenities will include a trail entry plaza just north of the Amador Valley Boulevard intersection; concrete pads to be used as outdoor classrooms and gathering spaces with seating; shade structures; and wayfinding and trail markers strategically located along the trail. Spur pedestrian trails will be constructed near the north end of Phase 1 to connect to the existing Iron Horse Regional Trail to the west and Stagecoach Park to the east. The amenities will conform to the City’s park signage standards and the East Bay Regional Park District (EBRPD) design standards.

Environmental testing of the railroad embankment has found that the Project contains arsenic contaminates as a result of former railroad activities. The project will remove approximately one to three feet of soil containing arsenic contaminates along the embankment and dispose of the soils off site at an appropriate disposal facility.

For the new AC trail alignment, after the arsenic contaminated soil is removed, approximately one additional foot of existing clayey subgrade soil will be removed and replaced with geogrid fabric and approximately one foot of aggregate base material. This will provide a stable base for the new AC Trail. The seating/gathering space concrete pads will also require approximately one foot of over-excavation, installation of geogrid fabric, and stabilization aggregate base material. The shade structures are anticipated to have approximately 30-inch diameter concrete foundation piers excavated up to eight feet deep.
26 Page | 3 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 Near the northern end of the first phase of the project a dilapidated (burnt) railroad trestle bridge associated with the railroad and containing creosote-coated wood will be removed and an arched culvert bridge and embankment will be constructed in its place.

CEQA Review
Since the adoption of the project’s IS/MND, the Tribal Cultural Resources, Energy, Wildfire, and VMT topic areas and other question changes have been added to the CEQA Appendix G checklist. Guidelines section 15162 provides guidance on when a subsequent document should be prepared. Essentially 15162 provides:

1. When an Environmental Impact Report (EIR) has been certified or a Negative Declaration (ND) adopted for a project, no subsequent EIR or ND shall be prepared for that project unless:
a. Substantial changes are proposed in the project
b. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions
c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous document shows:
i. The project will have one or more significant impacts not discussed in the previous EIR or ND; ii. Significant impacts previously examined will be substantially more severe than shown in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant impacts of the project, but the project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant impacts on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

2. If changes to a project or its circumstances occur or new information becomes available after adoption of a ND, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent ND, an addendum, or no further documentation.

The 2013 IS and MND was prepared prior to the addition of Tribal Cultural Resources, Energy, and Wildfire to the CEQA checklist. Since its adoption, traffic is no longer studied in terms of Level of Service (LOS), but rather as Vehicle Miles Travelled (VMT).

This addendum will serve as substantial evidence that subsequent CEQA review is or is not warranted. Once finalized, the addendum will be attached to the planning entitlement and staff report for consideration by the Planning Commission and/or City Council. Completion of the addendum may lead to a determination that the project is not consistent with the prior CEQA documents, or that it involves peculiar or special circumstances including, for example, a feature that was not included in or is not fully consistent with the IS/MND. In these instances, the need for, and level of, additional CEQA documentation will be determined through coordination with City staff. Assuming the addendum determines that no subsequent CEQA review is warranted, no public review of this environmental document is required, and it will serve as an addendum to the prior IS/MND and be provided to the decision-makers. Any project entitlements and permitting that go to a City of Dublin public 27 Page | 4 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 hearing will be subject to typical public review and comment as per the entitlement process, and the addendum will be provided to decision makers to inform their decision on the entitlement.

SUMMARY OF FINDINGS
The following environmental factors could be potentially affected by the revised project design:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards & Hazardous Materials
• Hydrology and Water Resources
• Noise
• Transportation
• Utilities
Based on the environmental evaluation performed for this addendum, the proposed project would have no additional significant impact after mitigation on any of these subject topics that were not previously addressed in the 2013 IS/MND.

Aesthetics
None of the proposed improvements or changes from the original park concept would have an aesthetic impact different from or greater than the impacts considered in the prior IS/MND. The proposed park improvements would be consistent with the adopted plan and visual impacts from structures and lighting were adequately considered in the IS/MND. The project’s aesthetic impacts are consistent with the prior CEQA analysis, mitigation, and approvals. While the Master Plan includes some new features, the additions are consistent with planned park uses and do not change the overall visual impact of the park. The project will comply with Mitigation Measure (MM) AES-1 related to light and glare. The overall visual impact of shifting from open space to the development of the Master Plan and nighttime lighting was found to be significant and unavoidable, and the statement of overriding considerations applies to the current project as well.

Agriculture and Forestry
None of the proposed improvements or changes from the original park concept would have an impact on Agriculture and Forestry different from or greater than the impacts considered in the prior IS/MND. The proposed park improvements would be consistent with the adopted plan and have no impact on Agriculture and Forestry.

Air Quality
None of the proposed improvements or changes from the original park concept would have an air quality impact different from or greater than the impacts considered in the prior IS/MND. The proposed park improvements would be consistent with the adopted Master Plan and air quality impacts were adequately considered in the 28 Page | 5 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 2013 IS/MND. The new projected air quality impacts are consistent with the prior CEQA analysis, mitigation, and approvals. While the Master Plan includes some new features, the additions are consistent with planned park uses and do not change the overall air quality impact of the project. It is relevant to note the regulatory environment has changed: the U.S. Environmental Protection Agency has required all new nonroad diesel engines to meet Tier IV standards since 2013. The California Air Resources Board (CARB) requires fleet owners to report their equipment tiers every year. Fleet size is determined by aggregate gross horsepower. CARB has determined that more than 50 percent of diesel equipment is now Tier 4f (Levine, Johanna, CARB, personal communication on December 13, 2022), which means construction emissions will be less than anticipated in the 2013 IS/MND analysis.

There are no new impacts related to the project that were not addressed in the 2013 IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the 2013 IS/MND. Nothing about the proposed site-specific project design would change the conclusions of the IS/MND or result in new or substantially more severe impacts, and no additional environmental review is needed for the project related to Air Quality.

Biological Resources
No notable changes have occurred on the site since the IS/MND was adopted. The type, size, and intensity of the development proposed on the project site would be consistent with the adopted Master Plan. While the proposed project is more refined than the general land use identified for the project site in the Master Plan, the proposed development is generally consistent with the IS/MND. Therefore, project-related impacts on Biological Resources would be consistent with and less than those identified in the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Biological Resources beyond what was analyzed in the IS/MND. There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND. The mitigation measures contained in the IS/MND adequately address potential impacts and reduce the potential impacts to a less than significant level.

Nothing about the proposed site-specific project design would change the conclusions of the IS/MND or result in new or substantially more severe impacts, and no additional environmental review is needed for the project related to Biological Resources
Cultural Resources
None of the proposed improvements or changes from the original park concept would have any impact on Cultural Resources different from or greater than the impacts considered in the 2013 IS/MND. The proposed park improvements would be consistent with the adopted plan and Cultural Resources impacts were adequately considered in the IS/MND. The project’s Cultural Resources impacts are consistent with the prior CEQA analysis, mitigation, and approvals.

While the Master Plan includes some new features, the additions are consistent with planned park uses and do not change the Cultural Resource impacts of the park.

There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND. Nothing about the proposed site-specific project design would change the conclusions of 29 Page | 6 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 the IS/MND or result in new or substantially more severe impacts, and no additional environmental review is needed for the project related to Cultural Resources.

Energy
Energy use and conservation was not studied in the 2013 IS/MND. The proposed park would be open only from sunrise to sunset. Nothing in the park's description has changed the park's energy consumption. There is nothing new that was not known about the energy use of the park at the time of the adoption of the 2013 IS/MND nor is there any change in circumstances. No further review is required.

Geology and Soils
The type, size, and intensity of the development proposed on the project site would be consistent with the adopted IS/MND. While the proposed project is more refined than the general land use identified for the project site, the proposed development is generally consistent with the IS/MND. Therefore, project-related impacts related to Geology and Soils would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Geology and Soils Resources beyond what was analyzed in the IS/MND. There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Greenhouse Gas Emissions
The adopted IS/MND determined that the proposed park improvements would have no impact on greenhouse gas emissions. Nothing about the proposed site-specific project design would change the conclusions of the Master Plan IS/MND or result in new or substantially more severe impacts, and no additional environmental review is needed for the project related to Greenhouse Gas Emissions.

Hazards and Hazardous Materials
The type, size, and intensity of the development proposed on the project site would be consistent with the adopted 2013 IS/MND. While the proposed project is more refined than the general land use identified for the project site, the proposed development is generally consistent with the IS/MND. It is relevant to note that environmental testing of the railroad embankment has found that the project contains arsenic contaminates as a result of former railroad activities. The project will remove approximately one to three feet of soil containing arsenic contaminates along the embankment and dispose of the soils off site at an appropriate disposal facility.

Additionally, creosote-coated wood from the dilapidated (burnt) railroad trestle will be removed and a new arch culvert bridge and embankment will be constructed in its place. These additions to the project will reduce the impacts related to hazards and hazardous material to no impact.

Therefore, project-related impacts related to hazards and hazardous materials would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to hazards and hazardous materials beyond what was analyzed in the IS/MND. There are no impacts peculiar to the project that were not addressed in the IS/MND, no new circumstances that would result in greater 30 Page | 7 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Hydrology and Water Quality
The type, size, and intensity of development proposed on the project site would be consistent with the adopted Master Plan. While the proposed project is more refined than the general land use identified for the project site in the Master Plan, the proposed development is generally consistent with the IS/MND.

Impacts related to Hydrology and Water Quality would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Hydrology and Water Resources beyond what was analyzed in the IS/MND. There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Land Use and Planning
The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Land Use and Planning beyond what was analyzed in the IS/MND. There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Mineral Resources
None of the proposed improvements or changes from the original park concept would have an impact on mineral resources different from or greater than the impacts considered in the prior IS/MND. The proposed park improvements would be consistent with the adopted Master Plan and have no impact on mineral resources.

Noise
There are no notable changes that have occurred on the site since the 2013 IS/MND was certified. The type, size, and intensity of development proposed on the project site would be consistent with the adopted Master Plan.

While the proposed project is more refined than the general land use identified for the project site in the Master Plan, the proposed development is generally consistent with the IS/MND. Therefore, project-related impacts related to Noise would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Noise beyond what was analyzed in the IS/MND. 31 Page | 8 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Population and Housing
There are no notable changes on the site since the 2013 IS/MND was certified. The type, size, and intensity of development proposed on the project site would be consistent with the adopted Master Plan. While the proposed project is more refined than the general land use identified for the project site in the Master Plan, the proposed development is generally consistent with the IS/MND. Therefore, project-related impacts related to Population and Housing would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Population and Housing beyond what was analyzed in the IS/MND. There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Public Services
There are no notable changes on the site since the IS/MND was certified. The type, size, and intensity of development proposed on the project site would be consistent with the adopted Master Plan. While the proposed project is more refined than the general land use identified for the project site in the Master Plan, the proposed development is generally consistent with the IS/MND. Therefore, project-related impacts related to Public Services would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Public Services beyond what was analyzed in the IS/MND. There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Recreation
None of the proposed improvements or changes from the original park concept would have an impact on Recreational resources different from or greater than the impacts considered in the prior IS/MND. The proposed park improvements would be consistent with the adopted Master Plan and have no impact on existing Recreational resources.

32 Page | 9 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 Transportation
No notable changes have occurred on the site since the IS/MND was adopted in 2013. While the proposed project is more refined than the general land use identified for the project site in the Master Plan, the proposed development is generally consistent with the IS/MND. Therefore, project-related impacts related to Transportation would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Transportation/Traffic beyond what was analyzed in the IS/MND. Traffic is no longer studied in terms of LOS, but rather as VMT since adoption of the 2013 IS/MND; however, as the project has not changed since the original Master Plan, no additional analysis is required. There are no impacts specific to the project that were not addressed in the IS/MND, no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Tribal Cultural Resources
The IS/MND analyzed impacts on tribal cultural resources in Section 5 “Cultural Resources.” Section 5, b-d identified the project site as having a high potential for encountering “prehistoric, Native American, or similar cultural resources.” It adopted MM CULT-2, which is an accidental finds measure.

However, there is nothing in the record that shows compliance with AB 52, which establishes a consultation process with tribes. The adoption of AB 52 and the requirement for tribal consultation is considered a significant change in circumstances. Accordingly, a Northwest Information Center (NWIC) search request was submitted, and those tribes identified were sent letters inviting consultation. A Cultural Resource Inventory report has been prepared and is attached hereto. It should be noted that no Tribal Cultural Resources were identified during this process, and as such, the project is not expected to result in new or substantially more severe impacts than those discussed in the 2013 IS/MND, and no additional environmental review is needed for the project.

Utilities and Service Systems
The project site is essentially undeveloped, and no notable changes have occurred on the site since the IS/MND was certified in 2013. As discussed in the project description, the type, size, and intensity of urban development proposed on the project site would be consistent with the adopted Master Plan. While the proposed project is more refined than the general land use identified for the project site in the Master Plan, the proposed development is generally consistent with the 2013 IS/MND. Therefore, project-related impacts related to Utilities and Service Systems would be consistent with the analysis and conclusions of the IS/MND. The infrastructure proposed as part of the project is consistent with the backbone infrastructure identified in the Master Plan and would not result in adverse environmental impacts related to Utilities and Service Systems beyond what was analyzed in the 2013 IS/MND. There are no impacts specific to the project that were not addressed in the IS/MND, 33 Page | 10 Addendum to a Mitigated Negative Declaration Addendum to Initial Study / Mitigated Negative Declaration September 2023 no new circumstances that would result in greater impacts, and there are no significant impacts that would be substantially more severe than disclosed in the IS/MND.

Wildfire
Exposure to fire was analyzed in Section 8h) “exposure of people or structures to significant risk to loss, injury or death involving wildland fires…” There is nothing that has changed from the prior IS/MND. The risk of wildfire was adequately discussed and found to present no impact. No further review is required.

Conclusion
None of the proposed revisions or changes from the original park concept would have any impacts different from or greater than the impacts considered in the prior 2013 IS/MND. The proposed park improvements would be consistent with the adopted Master Plan and were adequately considered in the 2013 IS/MND. The project’s impacts are consistent with the prior CEQA analysis, mitigation, and approvals. While the Master Plan includes some new features, the additions are consistent with planned park uses and do not change the original impacts of the park.

Therefore, no subsequent CEQA review is warranted, and no public review of this environmental document is required. This document will serve as an Addendum to the prior IS/MND and be provided to the decision-makers for adoption.

Prepared by:

Gail Ervin, Ph.D.

Principal

Carlos Yanez, JD
Senior Environmental Planner

NCE
1003 West Cutting Boulevard, Suite 110
Richmond, CA 94804
(510)215-3620

Attachments:
34 Attachment A
Cultural Resource Inventory Report

35 MEMORANDUM

Date: March 8, 2023
To: City of Dublin
From: NCE
Subject: Sensitive Information Distribution

The documents delivered herein contain highly sensitive information concerning cultural resources within or adjacent to the project area (s). These are to be considered confidential documents and used by the California Environm ental Quality Act lead agency for planning purposes only. As required by NCE’s agreem ent with the California Historical Resources Information System, and following the California Code of Regulations, Section 15120 (d), these documents contain locational information pertaining to archaeological an/or sacred sites and are not to be shared with the public or anyone within the organization other than for planning purposes. If Native American Tribes, identified as part of Assembly Bill 52 for this project, have requested a review of the enclosed document(s), it is acceptable to share with them.

Please let us know if you have questions concerning the content of the deliverable.

Thank you,

NCE
36 City of Dublin
100 Civic Plaza
Dublin, CA 94568
Cultural Resources Inventory Report
Iron Horse Nature Park and Open Space Project
Dublin, Alameda County, California
March 2023
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
37 Cultural Resource Inventory Report
Iron Horse Nature Park and Open Space Project
Dublin, Alameda County, California

March 2023

Prepared on Behalf of:

City of Dublin
100 Civic Plaza
Dublin, CA 94568

Prepared for:

U.S. Army Corps of Engineers
San Francisco District
1455 Market Street
San Francisco, CA 94103

Prepared by:

Molly Laitinen, Staff Archaeologist
Charles Zeier, Senior Archaeologist
Jeremy Hall, Cultural Resources Manager
NCE
501 Canal Blvd., Suite I
Richmond, CA 94804

NCE Project No. 891.06.55

38 This Page Intentionally Left Blank

39 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

ADMINISTRATIVE SUMMARY DUBLIN, ALAMEDA COUNTY, CALIFORNIA CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
S-1

ADMINISTRATIVE SUMMARY
The City of Dublin (City) proposes to construct the Iron Horse Nature Park and Open Space Project (Project) located in Dublin, California. The purpose of the Project is to create a nature park and open space with a trail and recreation facilities to meet the current and future needs of Dublin residents. The Project area, or Area of Potential Effect (APE), will extend north from the intersection of Amador Valley Boulevard for approximately 2,000 feet along a former railroad embankment. An existing segment of the Iron Horse Trail is located west of and parallels the Project. Upon completion of all planned improvements, the new trail constructed as part of the Project will replace the paralleling segment of the existing Iron Horse Trail.

Project improvements will be consistent with the adopted Parks and Recreation Master Plan (City of Dublin 2022) and the adopted Iron Horse Nature Park and Open Space Master Plan (City of Dublin 2013).

NCE was retained by the City to provide regulatory compliance and permitting for the Project.

The Project requires compliance with Section 106 of the National Historic Preservation Act (NHPA) and the California Environmental Quality Act (CEQA). The U.S. Army Corps of Engineers (USACE) is the lead federal agency for Section 106 of the NHPA. The City will act as the lead agency for CEQA.

This report describes an archaeological inventory and monitoring of environmental boreholes within the APE conducted by NCE as an initial step in state and federal compliance processes.

All work was designed to comply with the current state, federal (USACE), and professional standards. An approximately 10.4-acre APE was defined for the Project which includes all areas where surface or sub-surface disturbance may occur. Every reasonable effort was made to identify any surface or buried expression of archaeological resources in the APE. As a result of this archaeological inventory and monitoring effort , no previously recorded or newly recorded archaeological resources were identified in the APE.

It is recommended that the Project will not affect archaeological resources based on the following considerations:
• No previously recorded or newly identified archaeological resources are present in the APE;
• Project-related activities will be limited to areas previously disturbed by the historic railroad, P-01-011774 (e.g., cut and fill embankment soils and ballast), underground utilities, and channelization of creeks and ditches around the railroad embankment.

Based on these considerations, it is recommended the Project will not impact archaeological or historical resources listed in or eligible for listing in the California Register (PRC Section 21083, 50201) or the National Register. Also, it is recommended that the Project will have no effect on cultural resources designated as historic properties and will meet the def inition of “no historic properties affected ,” as that term is defined in 36 Code of Federal Regulations Part 800.4(d)(1).

It is noted that architectural resources present in the APE are addressed by Yarbrough (2022) in a separate, stand-alone report. This report provides the results of an architectural inventory and evaluation of a former railroad grade and trestle (P-01-011774) that extends through the APE.
40 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

TABLE OF CONTENTS DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
i

TABLE OF CONTENTS
1 INTRODUCTION ................................................................................................. 1

1.1 Project Description........................................................................................ 1

1.2 Definition of Undertaking ............................................................................... 2

1.3 Area of Potential Effect .................................................................................. 2 2 CONSULTATION COMMUNICATIONS .................................................................. 4

2.1 Native American Coordination ........................................................................ 4

2.2 Other Interested Party Coordination ................................................................ 6 3 LITERATURE REVIEW ......................................................................................... 7

3.1 Previous Inventories ..................................................................................... 7

3.2 Previously Recorded Resources ....................................................................... 9

3.3 Historic Maps and Aerial Images Consulted ..................................................... 10

3.4 Prehistoric Overview ................................................................................... 10

3.5 Ethnographic Background ............................................................................ 10

3.6 Historic Overview ....................................................................................... 11

3.7 Environmental Setting ................................................................................. 12

3.7.1 Geology .............................................................................................. 12

3.7.2 Flora Fauna ......................................................................................... 13

3.7.3 Archaeological Sensitivity ...................................................................... 13 4 FIELD METHODOLOGY ..................................................................................... 14

4.1 Inventory Areas, Monitoring, and Field Methods .............................................. 14

4.2 Professional Qualifications ............................................................................ 15 5 INVENTORY RESULTS ...................................................................................... 16 6 ELIGIBILITY RECOMMENDATIONS ................................................................... 17 7 MANAGEMENT SUMMARY ................................................................................. 18

7.1 Summary .................................................................................................. 18

7.2 Determination of Effect................................................................................ 18

7.3 Other Considerations .................................................................................. 18 8 REFERENCES .................................................................................................... 20

LIST OF TABLES
Table 1. Tribal Representatives Identified by the NAHC. ................................................. 4 Table 2. Summary of Tribe Consultation Correspondence. .............................................. 5 Table 3. Previous Inventories within 0.25 Miles of the APE. ............................................ 7 Table 4. Previously Recorded Resources within 0.25 Miles of the APE. .............................. 9

41 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

TABLE OF CONTENTS DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
ii

LIST OF APPENDICES
Appendix A – Figures
Appendix B – Wilton Rancheria Inadvertent Discovery Mitigation Measure Appendix C – Native American Correspondence
Appendix D – Historical Society Correspondence
Appendix E – Records Search Results
Appendix F – Photos
42 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LIST OF ABBREVIATIONS DUBLIN, ALAMEDA COUNTY, CALIFORNIA CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
iii

LIST OF ABBREVIATIONS
AB Aggregate Base
AB-52 Assembly Bill 52
AC Asphalt Concrete
APE Area of Potential Effect
bgs Below Ground Surface
CEQA California Environmental Quality Act
City City of Dublin
CRF Code of Federal Regulations
DG Decomposed Granite
EBRPD East Bay Regional Park District
GLO General Land Office
NAHC Native American Heritage Commission
NHPA National Historic Preservation Act
NRCS Natural Resources Conservation Service
NWIC Northwest Information Center
PRC Public Resources Code
Project Iron Horse Nature Park and Open Space Project
SLF Sacred Lands File
SOI Secretary of the Interior
USACE U.S. Army Corps of Engineers
USGS U.S. Geological Survey
YAR Yarbrough Architectural Resources

43 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

INTRODUCTION DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
1 1 INTRODUCTION

1.1 PROJECT DESCRIPTION
The City of Dublin (City) proposes to construct the Iron Horse Nature Park and Open Space Project (Project) located in Dublin, California (Figures 1 and 2, figures provided in Appendix A). The purpose of the Project is to create a nature park and open space with a trail and recreation facilities to meet the current and future needs of Dublin residents. The Project area, or Area of Potential Effect (APE), will extend north from the intersection of Amador Valley Boulevard for approximately 2,000 feet along a former railroad emb ankment. An existing segment of the Iron Horse Trail is located west of and paralleling the Project. Upon ultimate completion of all planned improvements, the new trail constructed with the Project will eventually replace the paralleling segment of the exi sting Iron Horse Trail. Project improvements will be consistent with the adopted Parks and Recreation Master Plan (City of Dublin 2022) and the adopted Iron Horse Nature Park and Open Space Master Plan (City of Dublin 2013).

The Project will include a new 12 -foot-wide asphalt concrete (AC) paved trail spanning approximately 2,000 linear feet with two -foot-wide aggregate base (AB) or decomposed granite (DG) shoulders on either side. Park amenities will include a trail entry plaza just north of the Amador Valley Boulevard intersection; concrete pads to be used as outdoor classrooms and gathering spaces with seating; shade structures; and wayfinding and trail markers strategically located along the trail. Spur pedestrian trails will be constructed near the north end of the Project to connect to the existing Iron Horse Trail to the west and Stagecoach Park to the east. The amenities will conform to the City’s Wayfinding Signage Standards and the East Bay Regional Park District (EBRPD) design standards.

Environmental testing of the railroad embankment has found that the Project contains arsenic contaminates as a result of former railroad activities. The Project will remove approximately one to three feet of the existing soil and base rock making up the former railroad alignment containing arsenic contaminates along the embankment and dispose of the soils off site at an appropriate disposal facility. For the new AC trail alignment, after the arsenic contaminated soil is removed, approximately one additional foot of existing clayey subgrade soil will be removed and replaced with geogrid fabric and approximately one foot of crush rock material.

This will provide a stable subbase for the new AC trail. The gathering spaces and/or seating area concrete pads will also require approximately one foot of over-excavation, installation of geogrid fabric, and stabilization crush rock material. The shade structures are anticipated to have approximately 30-inch diameter concrete foundation piers excavated up to eight feet deep.

Near the northern end of the Project a dilapidated (burnt) railroad trestle associated with the former railroad and containing creosote-coated wood will be removed and a new culvert and embankment will be constructed in its place. In addition, two ne w spur trails will also be constructed from the railroad embankment, one to the east leading to Stagecoach Park and one west leading to the existing Iron Horse Regional Trail. Both spur trails will include an embankment ramp and culverts to convey existing drainage swales. 44 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

INTRODUCTION DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
2 Trimming of native trees, and removal of some native and non- native trees, shrubs and vegetation will be required to prepare the project site for earth moving activities and installation of park components. New planting and landscaping wi ll also be provided as well as new or modified gates and fencing.

1.2 DEFINITION OF UNDERTAKING
The Project requires compliance with Section 106 of the National Historic Preservation Act (NHPA) (36 Code of Federal Regulations [ CFR] Part 800) and the California Environmental Quality Act (CEQA) (Public Resource s Code [PRC] 21083.2 and 21084.1) . NCE has been retained to complete initial compliance with Section 106 of the NHPA and conduct Native American consultation under Assembly Bill 52 (AB-52) (PRC 21080.3.1). The U.S. Army Corps of Engineers (USACE) is the lead federal agency for Section 106 of the NHPA and the City will act as the CEQA lead agency.

This report describes an archaeological inventory of approximately 10.4 acres conducted by NCE as an initial step in the state and federal compliance process. All work was designed to comply with the current state, federal (USACE), and professional standards. Those standards state that the goals of an intensive archaeological inventory are to:
• Establish an APE,
• Identify prehistoric and historic period archaeological resources in the APE, • Evaluate identified resources as to their eligibility for listing in the California Register of Historical Resources (California Register) and the National Register of Historic Places (National Register), and
• Provide management recommendations for those properties considered eligible for the California Register and/or the National Register.

It is noted that Yarbrough Architectural Resources (YAR) is currently preparing an architectural inventory and evaluation of the former railroad grade and trestle (P-01-011774) that extends through the APE. As a result, this report does not address P-01-011774-related architectural features. In addition, a more extensive historic overview of the APE will be provided in the architectural report.

1.3 AREA OF POTENTIAL EFFECT
An approximately 10.4- acre APE was established for the Project (see Figure 2 ). The boundaries of the Area of Direct Impact and Area of Indirect Impact are c oincident for this Project; therefore, they are referenced herein as the APE. The APE consists of a former railroad embankment and associated trestle between an existing segment of the Iron Horse Trail to the west and an Alameda County road to the east. The APE is bounded on the south by Amador Valley Boulevard.

As discussed previously, ground-disturbing activities will include the construction of a new 12-foot-wide paved trail spanning 2,000 linear feet with two-foot-wide shoulders on either side. Before trail construction, up to four feet of soil will be excavated to remove arsenic- contaminated topsoils and provide space for geogrid fabric and stabilization crush rock material. Excavation for the classroom concrete pads will be up to one foot deep. The shade structures are anticipated to have approximately 30-inch diameter concrete foundation piers 45 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

INTRODUCTION DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
3 excavated up to eight feet deep. The railroad trestle will be removed, and a new culvert and embankment will be constructed in its place. The new culvert has not been designed yet and the maximum depth of excavation for this improvement is not yet known. However, a ll excavations will be in previously disturbed soils and will not result in excavation into native soils.

Proposed vertical elements consist of shade structures and trail signs . These new elements are considered minor and will not result in visual impacts on the built environment , archaeological resources, or architectural resources. During construction, there will be a temporary increase in construction traffic levels, dust, equipment noise, and vibrations.

46 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

CONSULTATION COMMUNICATIONS DUBLIN, ALAMEDA COUNTY, CALIFORNIA CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
4 2 CONSULTATION COMMUNICATIONS

2.1 NATIVE AMERICAN COORDINATION
As the lead federal agency for Section 106 of the NHPA, the USACE will conduct Native American consultation as identified in 33 CFR Part 325 and the USACE Tribal Consultation Policy (USACE 2012, 2013).

Following AB-52 as identified in PRC Section 21080.3.1(b)(2) of CEQA, Native American tribes identified by the Native American Heritage Commission (NAHC), must be invited to consult on projects. Native American correspondence was initiated with a le tter to the NAHC. The letter requested a search of their Sacred Lands File (SLF) and a contact list for regional tribes that may know of tribal cultural resources within or immediately adjacent to the APE. A response was received from the NAHC on June 14, 2022, which indicated negative SLF results within the vicinity of the APE. Inquiry letters were mailed on City letterhead to the tribes identified by NAHC (Table 1) on June 20, 2022.

Table 1. Tribal Representatives Identified by the NAHC.

Name Title Affiliation
Irenne Zwierlein Chairperson Amah MutsunTribal Band of Mission San Juan Bautista Tony Cerda Chairperson Costanoan Rumsen Carmel Tribe
Ann Marie Sayers Chairperson Indian Canyon Mutsun Band of Costanoan Kanyon Sayers-Roods Most Likely Descendant (MLD)
Contact
Indian Canyon Mutsun Band of Costanoan
Charlene Nijmeh Chairperson Muwekma Ohlone Indian Tribe of the SF Bay Area Monica Arellano Vice Chairwoman Muwekma Ohlone Indian Tribe of the SF Bay Area Katherine Perez Chairperson North Valley Yokuts Tribe
Timothy Perez Tribe Representative North Valley Yokuts Tribe Andrew Galvan Tribe Representative The Ohlone Indian Tribe Jesus Tarango Chairperson Wilton Rancheria
Steven Hutchason Tribal Historic Preservation
Officer (THPO)
Wilton Rancheria
Dahlton Brown Director of Administration Wilton Rancheria Kenneth Woodrow Chairperson Wuksache Indian Tribe/Eshom Valley Band Corrina Gould Chairperson The Confederated Villages of Lisjan Follow-up phone calls were made to all tribes identified by the NAHC on September 7, 2022.

To date, two tribes have responded: Amah Mutsun Tribal Band of Mission San Juan Bautista and Wilton Rancheria. Correspondence with the two tribes is detailed below.

On September 7, 2022, Irenne Zwie rlein, Amah Mutsun Tribal Band of San Juan Bautista Chairperson, responded via phone requesting cultural resources sensitivit y training be provided to construction workers prior to any ground di sturbing activities occurring for the Project.

On July 27, 2022, Venesa Kremer, Wilton Rancheria Cultural Resource Assistant and Lead Monitor, responded via email requesting to consult on the Project. She requested information 47 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

CONSULTATION COMMUNICATIONS DUBLIN, ALAMEDA COUNTY, CALIFORNIA CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
5 on the design, type of environmental review conducted for the Project, project alternatives, potential sign ificant effect, and recommended mitigation meas ures for direct, indirect, or cumulative impacts the Project may cause to tribal cultural resources . Ms. Kremer also requested tribe involvement in cultural surveys and access to any existing cultural resources assessments.

On January 30, 2023, a request to meet with Wilton Rancheria and copies of the archaeological and architectural assessment reports were sent to Ms. Kremer via email. On February 26, 2023, a virtual meeting occurred with Ms. Kremer, Lou Griffin, Wilton Rancheria Executive Director of Cultural Preservation Department, Laurie Sucgang, City Assistant Public Works Director/City Engineer, Andre Jadkowski, NCE Project Manager and Principal Engineer, Molly Laitinen, NCE Staff Archaeologist, and Christina Rathbone, NCE Project Archaeologist. During the meeting, Wilton Rancheria identified major railroad lines as highly archaeologically sensitive with the potential for railroad levees to contain disturbed midden soils as well as known burial sites located in proximity to the Project . The tribe considered providing tribal monitors and/or screening contaminated soil removed from the levee due to its potential to contain sensitive tribal cultural resources . However, considering archaeological review occurred of the soil samples taken for environmental testing and the nature of the contaminated soils, Wilton Rancheria determined the Project could move forward without tribal monitoring or tribal screening of the contaminated soils removed from the railroad levee.

Wilton Rancheria provided their mitigation measure language for inadvertent discoveries to be used during Project implementation. The mitigation measure is provided in Appendix B.

Wilton Rancheria inquired if interpretive signage was part of the Project to educate the public about the local tribes. The City indicated they and the community want to preserve Dublin’s history as much as possible. To achieve this, the shade structure is being designed to replicate the railroad trellis slated for removal and amenity areas will have educational signage discussing the natural environment. The City identified the signs as an opportunity for tribes to propose educational information that could potentially be displayed as well. Wilton Rancheria deferred providing tribal history to the Ohlone Tribe because the Project is located within the primary territory of the Ohlone Tribe.

Table 2 below provides a summary of correspondence attempted with all tribes identified by the NAHC. Consultation-related material, including the NAHC letter and response, an example of the tribal consultation letter sent, and email correspondence, is provided in Appendix C.

Table 2. Summary of Tribe Consultation Correspondence.

Representative Affiliation Letter Result Outreach Result Irenne Zwierlein
Amah Mutsun
Tribal Band of
Mission San Juan
Bautista
Letter received on
6/23/2022. No written
response to date.

On 9/7/2022, Ms. Zwierlein responded via phone.

She requested cultural resources sensitivity
training be provided to construction workers prior
to any ground disturbing activities occurring for
the Project.

Tony Cerda
Costanoan
Rumsen Carmel
Tribe
Letter received on
6/28/2022. No written
response to date.

On 9/7/2022, a call was attempted, but the
contact number provided by the NAHC was
disconnected.

Ann Marie Sayers
Kanyon Sayers-Roods
Indian Canyon
Mutsun Band of
Costanoan
Letters received on
6/23/2022. No written
response to date.

On 9/7/2022, voicemails were left for Ms. Sayers
and Ms. Sayers-Roods. No response to date.
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CONSULTATION COMMUNICATIONS DUBLIN, ALAMEDA COUNTY, CALIFORNIA CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
6 Table 2. Summary of Tribe Consultation Correspondence.

Representative Affiliation Letter Result Outreach Result Charlene Nijmeh
Monica Arellano
Muwekma Ohlone
Indian Tribe of
the SF Bay Area
Letter received on
6/23/2022. No written
response to date.

On 9/7/2022, voicemails were left for Ms. Nijmeh
and Ms. Arellano. No response to date.

Katherine Perez
Timothy Perez
North Valley
Yokuts Tribe
Letter received on
6/23/2022. No written
response to date.

On 9/7/2022, voicemails were left for Ms. Perez
and Mr. Perez. No response to date.

Andrew Galvan The Ohlone
Indian Tribe
Letter received on
6/28/2022. No written
response to date.

On 9/7/2022, a voicemail was left. No response
to date.

Jesus Tarango
Steven Hutchason
Dahlton Brown
Wilton Rancheria
Letter received on
6/23/2022. Email
response on 7/27/2022
detailed in next column.

On 9/7/2022, a voicemail was left for Mr.

Hutchason.

On 7/27/2022, Venesa Kremer, Wilton Rancheria
Cultural Resource Assistant and Lead Monitor,
responded via email requesting to consult on the
Project. She requested additional Project
information (e.g., design and environmental
assessments taking place)
and to be contacted to
discuss further.

On 1/30/2023, a request to meet with Wilton
Rancheria to discuss the Project was sent via
email. The email contained access to the
archaeological and architectural assessment
reports for the Project.

On 2/16/2023, a virtual meeting occurred with
representatives from Wilton Rancheria, the City,
and NCE. Wilton Rancheria determined the
Project can move forward without tribal
monitoring or review of removed contaminated
soils. The tribe requested their mitigation
measure language for inadvertent discoveries be
used. Wilton Rancheria hopes interpretive
signage is included in the Project.

Kenneth Woodrow
Wuksache Indian
Tribe/Eshom
Valley Band
Letter received on
6/28/2022. No written
response to date.

On 9/7/2022, a voicemail was left. No response
to date.

Corrina Gould The Confederated
Villages of Lisjan
Letter returned to
sender.

On 9/7/2022, a voicemail was left for Ms. Gould.

No response to date.

2.2 OTHER INTERESTED PARTY COORDINATION
The Dublin Historical Society was invited via email to provide additional historic resource information or concerns for the Project on June 16, 2022. On June 20, 2022, Historian Steve Minniear responded via email indi cating the historical society could provide additional information and also suggested the Museum of the San Ramon Valley and the Boone Farm Museum as additional research locations. Mr. Minniear was connected with YAR for continued consultations regarding historic architectural resources within the Project. Email correspondence is provided in Appendix D.
49 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LITERATURE REVIEW DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
7 3 LITERATURE REVIEW
The purpose of archival research is to create an understanding of work that has occurred in the area previously and the types of cultural resources present in the area and to build a historic context. Historic contexts are those patterns or trends in history by which a specific occurrence, property, or site is understood and its meaning (and ultimately its significance) within history is made clear. Before the onset of field inventory activities, NCE conducted sufficient archival research to inform expectations in the field and to develop an understanding of the historical context of the region. The archival research included a records search request from the Northwest Information Center (NWIC), and various historic maps (e.g., General Land Office [GLO] plat maps and U.S. Geological Survey [USGS] topographic maps). Emphasis was placed on the identification of previous archaeological inventories and sites within a quarter mile (0.25) of the APE, known as the archival study area. The records search result received from the NWIC (File# 21-1785) is provided in Appendix E.

3.1 PREVIOUS INVENTORIES
Archival research indicates 37 inventories have been conducted within the archival study area (Table 3). Twenty-seven of the inventories intersect the APE and are italicized in the table below. The majority of the inventories intersecting the APE are over 20 years old and were conducted as a regional archaeological study with a designated focus (e.g., northwest prehistoric overview or pre-contact ecology). The one inventory fully encompassing the APE was conducted in preparation for a r ecycled water distribution project (Wills 2011). An inventory following along the historic railroad was conducted for a proposed wastewater pipeline route (Holman and Chavez 1977).

Table 3. Previous Inventories within 0.25 Miles of the APE.

Report
Number
Title Author Year
S-000727 An Archaeological Reconnaissance of Two New Proposed Wastewater Pipeline Routes, Livermore-Amador Valley Water Management Agency, Alameda County, California
Miley Holman and David
Chavez
1977
S-000848 A Summary of Knowledge of the Central and Northern California Coastal Zone and Offshore Areas, Vol. III, Socioeconomic Conditions, Chapter 7: Historical & Archaeological Resources
David A. Fredrickson 1976
S-000934 Upper Alameda Creek Urban Study: Archaeology, History, Contemporary, Ethnic
David A. Fredrickson,
Marc M. Druckman, Rae
Eby-Burroughs, Susan
McMurray, and John
Hayes
1978
S-002021 Archaeological field reconnaissance of the proposed 600-acre Kemco development area in the city of Dublin, California (letter report) Miley Paul Holman 1979
S-002458 Overview of Prehistoric Archaeology for the Northwest Region, California Archaeological Sites Survey: Del Norte, Humboldt, Mendocino, Lake, Sonoma, Napa, Marin, Contra Costa, Alameda Neil Ramiller, Suzanne
Ramiller, Roger Werner,
and Suzanne Stewart
1981
S-002458a Prehistoric Archaeology Overview Northwest Region; California Archaeological Inventory, Volume I: Humboldt and Del Norte Counties
Suzanne Ramiller 1982
S-002458b Archaeological Overview of Mendocino and Lake Counties Roger H. Werner 1982 50 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LITERATURE REVIEW DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
8 Table 3. Previous Inventories within 0.25 Miles of the APE.

Report
Number
Title Author Year
S-002458c Prehistoric Archaeology Overview Northwest Region; California Archaeological Inventory, Volume 3: Napa and Sonoma Counties Suzanne Stewart 1982
S-002458d Archaeological Overview of Alameda, Contra Costa, and Marin Counties
Suzanne B. Stewart 1982
S-002458e Environmental Overview of the Northwest Region Neil Ramiller 1982 S-009462 Identification and Recording of Prehistoric Petroglyphs in Marin and Related Bay Area Counties
Teresa Ann Miller 1977
S-009583 Ecology of the Pre-Spanish San Francisco Bay Area David W. Mayfield 1978 S-009795 Late Prehistoric Obsidian Exchange in Central California Thomas Lynn Jackson 1986 S-016660 Prehistoric Rock Art of Alameda and Contra Costa Counties, California
Jeffrey B. Fentress 1992
S-017835 Biological Distance of Prehistoric Central California Populations Derived from Non-Metric Traits of the Cranium
Judy Myers Suchey 1975
S-018217 Cultural Resource Evaluations for the Caltrans District 04 Phase 2 Seismic Retrofit Program, Status Report
Glenn Gmoser 1996
S-020395 PCNs of the Coast Ranges of California: Religious Expression or the Result of Quarrying?
Donna L. Gillette 1998
S-030204 The Distribution and Antiquity of the California Pecked Curvilinear Nucleated (PCN) Rock Art Tradition.

Donna L. Gillette 2003
S-032596 The Central California Ethnographic Community Distribution Model, Version 2.0, with Special Attention to the San Francisco Bay Area, Cultural Resources Inventory of Caltrans District 4 Rural Conventional Highways
Randall Milliken, Jerome
King, and Patricia
Mikkelsen
2006
S-033239 Alameda Watershed, Natural and Cultural Resources: San Francisco Watershed Management Plan
David Chavez 1994
S-033600 Geoarchaeological Overview of the Nine Bay Area Counties in Caltrans District 4
Jack Meyer and Jeff
Rosenthal
2007
S-047983 Section 106 Cultural Resources Assessment, DSRSD Central Dublin Recycled Water Distribution and Retrofit Project, City of Dublin, Alameda County, California
Carrie D. Wills 2011
S-047983a BUR111208A; Section 106 Compliance for the Dublin San Ramon Services District (DSRSD) Central Dublin Recycled Water Distribution and Retrofit Project in Alameda County, California (Project #09- CCAO-165)
Milford Wayne
Donaldson
2012
S-048567 Zone 7 Water Agency, 2016 Maintenance Projects, Cultural Resources Survey Report
Heidi Koenig 2016
S-048927 The Economy and Archaeology of European-made Glass Beads and Manufactured Goods Used in First Contact Situations in Oregon, California, and Washington
Donald Scott Crull 1997
S-049780 San Francisco Bay-Delta Regional Context and Research Design for Native American Archaeological Resources, Caltrans District 4 Brian F. Byrd, Adrian R.

Whitaker, Patricia J.

Mikkelsen, and Jeffrey
S. Rosenthal
2017
S-049780a FHWA_2016_0615_001, Caltrans District 4 Archaeological Context Julianne Polanco 2016 51 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LITERATURE REVIEW DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
9 Table 3. Previous Inventories within 0.25 Miles of the APE.

Report
Number
Title Author Year
S-037500 Cultural Resources Records Search and Site Visit for T-Mobile West Corporation, a Delaware Corporation Candidate BA22803-A (DSA Dublin High School), 8151 Village Parkway, Dublin, Alameda County, California (letter report)
Carrie D. Wills 2010
S-037985 Archaeological Testing Report for the Arroyo Vista Project, City of Dublin, Alameda County, California
Paul Farnsworth 2011
S-040758 A Cultural Resources Study for a Proposed Recycled Water Expansion Project, Dublin, Alameda County, California
Virginia Hagensieker and
Janine M. Loyd
2012
S-040758a A Cultural Resources Study for a Proposed Recycled Water Expansion Project, Dublin, Alameda County, California (revised)
Virginia Hagensiker and
Janine M. Loyd
2013
S-040758b BUR_2015_0615_001; National Historic Preservation Act (NHPA) Section 106 Consultation for the Western Dublin Recycled Water Expansion Project, Alameda County, California (15-MPRO-110) Julianne Polanco 2015
S-046220 Zone 7 Water Agency, 2015 Maintenance Projects, Cultural Resources Survey Report
Heidi Koenig 2015
S-046220a Archaeological Monitoring Results - Zone 7 Water Agency 2015 Maintenance Projects (ESA #130626.04) (letter report)
Heidi Koenig 2015
S-052657 Cultural Resources Study of the Dublin High School Project Sprint/Nextel Site No. FN99XCO72, 8151 Village Parkway, Dublin, Alameda County, California 94568
Dana E. Supernowicz 2006
S-053003 Cultural Resources Survey Report, Zone 7 Water Agency 2018-2019 Channel Bank Repair Projects – Phase 2
Katherine Cleveland and
Heidi Koenig
2019
S-053003a COE_2018_1221_001, Section 106 Consultation for the proposed Zone 7 Water Agency Repair of 26 Bank Failures in Dublin and Pleasanton, Alameda County, California (Corps File Number 2018- 00434S).

Julianne Polanco 2019
S-053003b Archaeological Monitoring Results for 2018-2019 Channel Bank Repair Projects Phase 2 (ESA #160463.31) (letter report) Heidi Koenig 2019

3.2 PREVIOUSLY RECORDED RESOURCES
Archival research indicates three architectural resources have been formally recorded within the archival study area (Table 4). Resource P-01-011774 represents the remnants of an unnamed railroad grade and associated features located within the APE and the proposed alignment of the new trail. Resources P-01-011775 and P-01-012186 have been previously recorded within 0.25 miles of t he APE. P-01-011775 is a segment of the channelized South San Ramon Creek and P -01-012186 consists of the Alamo Canal. No prehistoric or historic archaeological resources have been previously recorded within the archival study area.

Table 4. Previously Recorded Resources within 0.25 Miles of the APE.

Site Number Age Description Last
Recorded
Eligibility
Status
Proximity
to APE
P-01-011774 Historic DSRSD 1 Unnamed Railroad Grade 2010 Not eligible Within P-01-011775 Historic DSRSD 2 S. San Ramon Creek Section 2010 Not eligible Adjacent P-01-012186 Historic Alamo Canal 2017 Not eligible Outside 52 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LITERATURE REVIEW DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
10 3.3 HISTORIC MAPS AND AERIAL IMAGES CONSULTED
Historic maps and aerial images reviewed as part of the present study included the following:
• 1866 GLO plat map for T.2S., R.1W. – depicts a blank portion of the map only labeled as Lot No. 37. Part of Rancho San Ramon (Amadore) • 1906 Pleasanton USGS topographic map (1:62,500) – depicts a dirt road in similar alignment with the present-day Iron Horse Trail
• 1941 Pleasanton USGS topographic map (1:62,500) – depicts a straightened alignment of the 1906 dirt road parallel to the unnamed railroad within the APE • 1953 Dublin USGS topographic map (1:24,000) – Depicts the same dirt road alignment as the 1941 map which is most likely the gravel road currently maintained by Alameda County. The map depicts the railroad alignment as “Southern Pacific”.

3.4 PREHISTORIC OVERVIEW
Prehistory in the San Francisco Bay Area is commonly referenced as three periods: the Early Period, the Middle Period, and the Late Period (Milliken et al. 2007). These three cultural periods are further subdivided based on economic patterns, socio -politics, trade networks, population density, and variations of artifact types.

The Early Period (Lower Archaic, 8000 –3500 B.C.) is characterized by geographic mobility, millingslabs, handstone, large wide -stemmed projectile points, and leaf- shaped projectile points (Milliken et al. 2007). A beginning shift to sedentism is indicated by the Early Period (Middle Archaic, 3500–500 B.C.) with cut shell beads and mortar and pestles documented in burials. Archaeological findings dating from the Middle Period, which includes the Lower Middle Period (Initial Upper Archaic, 500 B.C.– A.D. 430), and Upper Middle Period (Late Upper Archaic, A.D. 430–1050), indicates limited geographic mobility and longer-term base camps where diverse flora and fauna resources could be exploited. In addition to archaeological sites from this period being located in more diverse environments, milling tools, obsidian, and chert concave-base projectile points suggest a more diverse economic base. Mobility was replaced by the development of numerous small villages in the Upper Middle Period. The archaeological record indicates a dramatic cultural disruption around A.D. 430 evidenced by a sudden collapse of the Olivella saucer bead trade network. The Initial Late Period (Lower Emergent, A.D. 1050–1550) saw the development of large, central villages with specialized activity sites and political leaders. This period is characterized by the bow and arrow, a diversity of beads and ornaments, and small corner-notched projectile points.

3.5 ETHNOGRAPHIC BACKGROUND
Milliken (1995) compiled extensive ethnographic, historic, and archaeological data describing the Ohlone people as having occupied the Central Californian coast and general vicinity of the APE. The Ohlone occupied the area between San Francisco Bay in t he north to the Big Sur and Salinas Rivers in the south. This anthropological term encompasses many distinct villages containing their variations of culture and ideology (Koenig 2020). The language group spoken by the Ohlone is known as “Costanoan” and was originally derived from a Spanish word describing the coastal peoples of Central California (Levy 1978). Costanoan contains at least eight distinct languages spoken by distinct sociopolitical groups. The Huchiun people who 53 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LITERATURE REVIEW DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
11 spoke the Chochenyo dialect occu pied the area of present -day Alameda County and a large part of the East Bay (Levy 1978; Milliken et al. 2009).

The Ohlone engaged in hunting and gathering within coastal and open valley environments (Koenig 2020). They subsisted on a wide variety of resources including acorns, bulbs and tubers, grass seeds, antelope, deer, elk, bear, rabbit s, and other small mammals, and a variety of bird species. Private ownership of goods and songs was acknowledged by the Ohlone. Village ownership of rights to land and natural resources was enforced through monetary payment in the form of clamshell beads.

Ohlone society was severely disrupted by missionization, displacement, and disease after European contact (Koenig 2020). Today, the Ohlone have a strong presence in the San Francisco Bay Area with continued interest and activism for their historic and prehistoric past.

Nine culturally affiliated tribes are associated with the area containing and surrounding Dublin.

3.6 HISTORIC OVERVIEW
Spanish explorers Pedro Fages and Reverend Juan Crespi were the first Europeans to visit the East Bay area in 1772 (Koenig 2020). Mexico won independence from Spain in 1821, and in 1833 the Mexican government passed the Secularization Act to sell Spanish Mission land holdings to Mexican settlers (City of Dublin 2006). In 1835, Governor Jose Figueroa granted Jose Amador, a previous civilian administrator, 16,000 acres of former Mission San Jose land.

Near Alamilla Springs, Amador built a two- story Monterey -style adobe home that would become the first settlement of present-day Dublin. The land was known as Rancho San Ramon and Amador owned as many as 14,000 cattle, 4,000 sheep, and 400 horses in 1837.

Approximately 150 local Native Americans and Mexican laborers were employed as herders and ma kers of tallow s, soap, hides, blankets, saddles, and farm equipment. Rancho San Ramon lay at the crossroads of two Indian trails, later Spanish trails, and became a primary stopping point for travelers.

In 1846, California became an independent republic ending the Mexican Rancho era of California (City of Dublin 2006). After the Mexican American War, Amador was forced to sell parts of his property to pay for an extensive legal battle over his land titles. Two Irish immigrants, Michael Murray and Jeremiah Fallon purchased 245 acres each from Amador in 1852. Their homes were built in Alamilla Springs near Amador’s adobe. In 1853, James Witt Dougherty purchased 10,000 acres of Rancho San Ramon and lived in Am ador’s adobe with his family. By the late 1850s, the settlement consisted of several homes and a few civic, commercial, and religious buildings and was known as Amador's or Dougherty's Station. The Amador Hotel was built in 1860 and became a major stopping point for stagecoaches traveling between San Jose, Martinez, Stockton, and Oakland. By 1878, the settlement included a church, cemetery, school, general store, harness shop, blacksmith shop, shoe shop, and two hotels. Due to a large number of Irish American immigrants, the settlement was named after Ireland’s capital city, Dublin.

Dublin continued to be an important crossroads through the 1900s with the increase in automobile use and the construction of two major highways through the town (City of Dublin 2006). The north -south trending CA -21, now San Ramon Road, connected Benicia to San Jose. The east-west trending Lincoln Highway or Route 50, now Dublin Boulevard, connected 54 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LITERATURE REVIEW DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
12 the Bay Area to Sacramento, Tahoe, and continued further east. After World War II, suburban growth spread throughout the East Bay. In the 1960s and 1970s , Interstate 680 and Interstate 580 were constructed, greatly improving transportation routes in the Bay Area and encouraging residential development in the East Bay. By the mid-1970s, many of the historic buildings in Dublin were replaced by modern office buildings, shopping centers, and apartment complexes. Dublin became an incorporated city in 1982 and its population continued to grow through the 1990s. The Bay Area Rapid Transit Extension between Pleasanton and Dublin was completed in 1997. The rail line is yet another connection between Dublin and the rest of the Bay Area making the City an important commuter hub.

3.7 ENVIRONMENTAL SETTING

3.7.1 Geology
The APE is located in the Livermore-Amador Valley in eastern Alameda County. The regional geology of the valley is dominated by the San Andreas Fault System (Sloan 2006). The hills, part of the Diablo Range and larger Coast Ranges Province, of Contra Costa and Alame da Counties, are no more than a few million years old and are rising due to numerous active faults between the Pacific and North American Plates. The Hayward Fault runs north-south to the east of the APE and was initiated approximately 12 million years ago. The western Pacific Plate of the fault moves through the slow fault creep action shifting northwestward past the North American Plate. Much of the Hayward Fault is marked by linear valleys, landslides, offset streams, and springs that attracted the development of current East Bay communities.

Beneath the rolling grassland and oak hill landscape of the East Bay is a variety of rock types.

The range includes rocks that formed during Mesozoic subduction more than 100 million years ago to younger terrestrial deposits that were uplifted above sea level about 10 million years ago. The East Bay hills stretch from San Jose to San Pablo Bay and are still rising between the Hayward and Calaveras Faults. The hills are composed of marine and terrestrial sedimentary ro cks. This composition of rocks includes the 14 -million-year-old Claremont Formation and 12- million-year-old Orinda Formation; about two million years of rock are missing between them from fault action. The Claremont Formation is a whitish chert formation. The Orinda Formation is an alluvium deposit layered with sandstone and conglomerates including Franciscan rocks. Knowing the formation materialized through stream deposits into a lowland demonstrates how fault uplift over time reserved the topography in the East Bay (Sloan 2006).

The geologic units comprising the APE include Quaternary alluvium, or Livermore Gravel, described as a mixture of loose rocks and loosely consolidated sandstone, shale, and gravel deposits (USGS 2018). According to the Natural Resources Conservation Service (NRCS), the majority of the APE on the north end is comprised of Clear Lake clay and the south end of the APE contains Linne clay loam and Sunnyvale clay loam (NRCS 2022). Clear Lake and Sunnyvale clays are thick alluvium -derived clays typically found on basin and valley floors.

Linne clay loam is a thick weathered residuum derived from calcareous shale. 55 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

LITERATURE REVIEW DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
13 3.7.2 Flora Fauna
The majority of the APE consists of California annual grassland habitat (CBI 2022). These grasslands are dominated by non-native grasses and forbs ( H.T. Harvey and Associates 2019). Grasses include wild oat ( Avena sp.), meadow barley ( H. murinum), seaside barley (Hordeum marinum ssp. gussoneanum), Italian ryegrass , and soft chess. Common forbs include wild radish (Raphanus sativus), bristly ox tongue ( Helminthotheca echioides), and various species of geranium and filaree (Geranium spp. and Erodium spp.).

Common small mammals found in annual grasslands include California ground squirrels , Botta’s pocket gophers ( Thomomys bottae ), deer mice ( Peromyscus maniculatus ), and California voles. Larger mammals include Black -tailed deer ( Odocoileus hemionus columbianus) and coyotes (Canis latrans). Bird species foraging within grassland areas include the California scrubjay (Aphelocoma californica), mourning dove (Zenaida macroura), violet- green swallow, western bluebird (Sialia mexicana), lesser goldfinch (Carduelis psaltria), and house finch (Carpodacus mexicanus). Raptors typically seen in annual grasslands include the red-tailed hawk and white -tailed kite ( Elanus leucurus). Common reptiles and amphibians residing in this habitat include the western fence lizard (Sc eloporus occidentalis), northern Pacific rattlesnake (Crotalus oreganus ), California kingsnake ( Lampropeltis californiae ), gopher snake (Pituophis catenifer), western toad (Anaxyrus boreas), and Sierran chorus frog.

3.7.3 Archaeological Sensitivity
The California coast and San Francisco Bay have undergone significant landscape changes since humans began to inhabit the region more than 10,000 years ago. Such changes included an increase in sedimentation into streams and rivers and rising sea levels (Helley et al. 1979).

Well-developed buried soil profiles, or paleosols, often mark the interface between older land surfaces and Holocene-age landforms. These paleosols can preserve the previous landscape and potential archaeological material deposited before subseq uent sediment deposition (Meyer and Rosenthal 2007). Prehistoric archaeological sites are predicted to be more frequent in Late Holocene-age paleosols due to the increase in human populations throughout the Holocene. Conversely, older paleosols developed during the early Holocene or Pleistocene were inhabited by lower population levels and are considered less likely to have preserved archaeological material. Archaeological sites are most likely to be located near perennial water sources, on landforms that contain deposits from successive periods, and on flat landforms that prehistorically and historically remained above water sources (Meyer in Ruby 2010:29).

Considering the environmental context (i.e., undivided Quaternary alluvium) of the APE and previous d isturbance from the construction of the railroad and channelization, the archaeological sensitivity of the APE is considered low.

56 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

FIELD METHODOLOGY DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
14 4 FIELD METHODOLOGY
An intensive archaeological survey, or inventory, was conducted on April 13, 2022 .

Concurrently, 52 environmental boreholes were conducted and monitored by a qualified archaeologist between April 13 and April 18, 2022 (Figure 3).

4.1 INVENTORY AREAS, MONITORING, AND FIELD METHODS
The objective of the field inventory was to locate, describe, and evaluate cultural resources present within the APE. Fiel dwork was performed following applicable and accepted Federal and State standards where feasible. An intensive survey was conducted for the approximately

10.4-acre APE. Ground visibility was low across the APE due to vegetation coverage. Emphasis was placed on the examination of the visible bare soil, rodent burrows, and undisturbed or relatively undisturbed ground. Sufficient clear ground was present to ensure survey adequacy.

The objective of monitoring the environmental boreholes was to determine the pre sence or absence of subsurface cultural resources within the APE. The proposed scope of the sampling effort consisted of fifty boreholes located along the APE corridor, as well as two boreholes located at the railroad trestle abutments. All boreholes were hand augered using a standard

3.25-inch bucket. The subsurface samples were collected at intervals from 0- to 0.5-feet, 1.0-

1.5-feet, and 2.5 - to 3.0 -feet below ground surface (bgs). Near the trestle abutments, samples were collected at 0- to 0.5-feet, 2.0- to 2.5-feet, and 4.5- to 5.0-feet bgs. Careful attention was paid to the soil matrix. The condition, frequency, and class of any cultural materials identified would have been recorded if encountered. The lack of a subsurface deposit, feature, or culturally derived deposit served as an indicator that a site did not extend into the APE. The presence or absence of modern debris, standard stratigraphic indicators, and soil characteristics would have been relied upon to determine whether a subsurface deposit was intact.

If a cultural resource had been encountered, field personnel would have more thoroughly examined the immediate area to determine the type and extent of cultural material.

Archaeological and architectural components, including diagnostic artifacts, artifact concentrations, and features, would have been described in field notebooks, photographed using 10 megapixels or better cameras, and plotted using a mapping-grade GPS unit. If an archaeological or architectural site had been encountered, sufficient information would have been collected to allow for the completion of Department of Parks and Recreation (DPR) forms.

At least two overview photographs would have been taken per site to capture the general surroundings with attention paid to capturing the horizon (if possible) to aid in future relocation. Upon completion of the inventory, field data would have been downloaded from the GPS unit and differentially corrected. Resources, when identified, would have been plotted on both US GS 7.5 -minute base maps and aerial imagery for resource form maps. Field personnel would have collected descriptive data useful in the evaluation of a site’s eligibility for listing on the National and California Registers. No artifacts would have been col lected during the inventory. Survey and monitoring photos are in Appendix F. 57 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

FIELD METHODOLOGY DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
15 4.2 PROFESSIONAL QUALIFICATIONS
Molly Laitinen, NCE Staff Archaeologist, conducted the inventory , monitored environmental boreholes, and prepared the inventory report. This report has been reviewed by Charles Zeier, NCE Senior Archaeologist, and Jeremy Hall, NCE Cultural Resources Manager . Ms. Laitinen, Mr. Zeier, and Mr. Hall meet the Secretary of the Interior (SOI) standards for archaeology (36 CFR Part 61), and they are Registered P rofessional Archaeologists. Ms. Laitinen has six years of experience, Mr. Zeier has over 45 years of experience, and Mr. Hall has over 20 years of experience in cultural resource management and evaluation as part of State, Federal, and professional standards.

58 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

INVENTORY RESULTS DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
16 5 INVENTORY RESULTS
As a result of the present effort, no previously recorded prehistoric or historic archaeological resources were revisited, and no newly recorded prehistoric or historic archaeological resources were identified within the APE. Project construction within th e APE will be within areas previously disturbed during construction of the historic railroad, P-01-011774 (e.g., cut and fill embankment soils and ballast), underground utilities, and channelization of creeks and ditches around the railroad embankment.

One road (owned and maintained by Alameda County) within the APE is depicted on historic maps. However, field reconnaissance indicates the road has been extensively and continually modified, repaired, and upgraded. These changes are indicative of a normal progression of road changes based on local needs. Due to the continuous modifications and urbanization, the historic road within the APE no longer resemble s its original form. The road was not formally recorded as part of this Project.

Modern debris was present throughout the inventoried APE. All such items were “recent” (less than 50 years in age) and none were recorded.

As previously mentioned, YAR is currently preparing an architectural inventory and evaluation of the former railroad grade and trestle (P -01-011774) that extends through the APE.

Yarbrough’s ( 2022) architectural report provides f indings and recommendations for architectural resources within and adjacent to the Project.

59 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

ELIGIBILITY RECOMMENDATIONS DUBLIN, ALAMEDA COUNTY, CALIFORNIA CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
17 6 ELIGIBILITY RECOMMENDATIONS
No previously identified, National Register -eligible or California Register- eligible archaeological resources were identified within the APE. Further, neither prehistoric nor historic period archaeological resources were identified within the present APE as a result of the current inventory effort. In the absence of resources, there is no need to assess National, State, or local eligibility.

60 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

MANAGEMENT SUMMARY DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
18 7 MANAGEMENT SUMMARY

7.1 SUMMARY
The City proposes to construct the Project located in Dublin, California. The purpose of the Project is to create a nature park and open space with a trail and recreation facilities to meet the current and future needs of Dublin residents. Project improvements will be consistent with the adopted Parks and Recreation Master Plan (City of Dublin 2022) and the adopted Iron Horse Nature Park and Open Space Master Plan (City of Dublin 2013).

An APE was defined which includes all areas where surface or sub -surface disturbance may occur. The approximately 10.4-acre APE was surveyed and monitored following current state, federal (USACE), and professional standards. Every reasonable effort was made to identify any surface or buried expression of archaeological resources in the APE. As a result of t his archaeological inventory and monitoring , no previously recorded or newly recorded archaeological resources were identified in the APE.

7.2 DETERMINATION OF EFFECT
It is recommended that the Project will not affect archaeological resources based on the following considerations:
• No previously recorded or newly recorded National Register or California Register eligible archaeological resources are present in the APE; • Project-related activities will be limited to areas previously disturbed by the historic railroad, P-01-011774, (e.g., cut and fill embankment soils and ballast) underground utilities, and channelization of creeks and ditches around the railroad embankment.

Based on these considerations, it is recommended that the Project will not impact archaeological or historical resources listed in or eligible for listing in the California Register (PRC Section 21083, 50201) or the National Register. Also, it is recommended that the Project will have no effect on cultural resources designated as historic properties and will meet the definition of “no historic properties affected ,” as that term is define d in 36 Code of Federal Regulations Part 800.4(d)(1).

7.3 OTHER CONSIDERATIONS
Every reasonable effort was made to identify cultural resources within or adjacent to the APE.

It is recommended the C ity provides a workers environmental awareness program ( WEAP) conducted by either an SOI qualified archaeologist or locally affiliated Native American Tribe representative to contractors prior to any ground disturbing activities. If prehistoric or historic period resources are subsequently discovered that could be adversely affected by Project- related activities, all such activities should cease immediately. The City should implement the inadvertent discovery mitigation measure provided by Wilton Rancheria (see Appendix B) and appropriate tribal representatives should be contacted immediately.

Prehistoric burials might be found in the APE (none were apparent base d on an examination of the ground surface). In the event human remains are discovered, all work shall cease 61 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

MANAGEMENT SUMMARY DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
19 immediately, and all measures shall be made to secure and protect areas in which human remains and funeral objects are discovered. No photographs of human remains, or funeral objects will be permitted by construction workers and/or contract or subcontractors on the job site. Archaeological resources are not to be moved or taken from the project site and work should not resume until authorized. In the event human remains are discovered, the County Coroner and local law enforcement shall be notified within 24 hours of the discovery to conduct proper evaluation and treatment of the remains. The coroner and law enforcement agency with jurisdiction will evaluate the find to determine whether it is a crime scene or a burial. If human remains are determined to be associated with an archaeological site (burial), SHPO will be notified. The City will work with SHPO to determine measures to take. That office will contact the appropriate tribal representatives and consult on the disposition of the remains and any associated artifacts.

NCE prepared this report for use by the City as the intended beneficiary of this work.

Interpretations, conclusions, and recommendations contained within the report are based in part on the information presented in other reports that are cited in the text and listed in the references. This report is subject to limitations and qualifications inherent to the referenced documents.

62 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

REFERENCES DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
20 8 REFERENCES
City of Dublin
2006 Dublin Village Historic Area Specific Plan. City of Dublin, Dublin, California. 2013 Iron Horse Nature Park and Open Space Master Plan. Resolution No. 166-13: A Resolution of the City Council of the City of Dublin Adopting a Mitigated Negative Declaration of Mitigation Monitoring and Reporting Program for a General Plan Amendment and Planned Development Rezone with a Related Stage 1/2 Development Plan for The Future Iron Horse Nature Park and Open Space Project, PLPA-2013- 00044. City of Dublin, California.
2022 Parks and Recreation Master Plan. Resolution No. 38-22: A Resolution of the City Council of the City of Dublin Considering a CEQA Addendum and Adopting the 2022 Parks and Recreation Master Plan. City of Dublin, Dublin, California.

Conservation Biology Institute (CBI)
2022 California wildlife habitat relationships (WHR). Electronic document, https://databasin.org/maps/new/#datasets=b44e9a19ee954c00b5830836e6b8264c, accessed June 2022.

He
lley, Edward J., Lajoie, K. R., Spangle, W. E., and Blair, M. L. 1979 Flatland Deposits of the San Francisco Bay Region, California - their geology and engineering properties, and their importance to comprehensive planning, Geological Survey Professional Paper 943.

Holman, Miley, and David Chavez
1977 An Archaeological Reconnaissance of Two New Proposed Wastewater Pipeline Routes, Livermore-Amador Valley Water Management Agency, Alameda County, California. Report #S-000727 on file with the Northwest Information Center Rohnert Park, California.

H.T. Harvey and Associates
2019 Dublin Boulevard-North Canyons Parkway Extension Project Biological Resources Report. H.T. Harvey and Associates, Los Gatos, California.

Koenig, Heidi
2020 Lower Walnut Creek Restoration Project, North, Middle, and South Reach, Contra Costa County, Cultural Resources Survey Report. Report prepared on behalf of Contra Costa County Flood Control and Water Conservation District for submittal to U.S. Army Corps of Engineers, Sacramento District.

Levy, Richard
1978 Costanoan. In Handbook of North American Indians, Vol. 8, edited by Robert Heizer, pp 485-495. U.S. Printing Office, Smithsonian Institution, Washington D.C.

63 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

REFERENCES DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
21 Meyer, Jack, and Jeffrey Rosenthal
2007 Geoarchaeological Overview of the Nine Bay Area Counties in Caltrans District 4.

Prepared for Caltrans District 4.

Milliken, Randall T.
1995 A Time of Little Choice, The Disintegration of Tribal Culture in the San Francisco Bay Area 1769-1810. Ballena Press Anthropological Papers No. 43.

Milliken, Randall, Laurence H. Shoup, and Beverley R. Ortiz 2009 Ohlone/Costanoan Indians of the San Francisco Peninsula and their Neighbors, Yesterday and Today. Prepared for National Park Service, Golden Gate National Recreation Area.

Milliken, Randall, Richard T. Fitzgerald, Mark G. Hylkema, Randy Groaz, Tom Origer, David G. Bieling, Alan Leventhal, Randy S. Wiberg, Andrew Gottsfield, Donna Gillette, Viviana Bellifemine, Eric Strother, Robert Cartier, and David A. Fredrickson 2007 Punctuated Culture Change in the San Francisco Bay Area. In California Prehistory:

Colonization, Culture, and Complexity edited by Terry L. Jones and Kathryn A. Klar, pp. 99-124. AltaMira Press, New York.

Natural Resource Conservation Service (NRCS)
2022 United States Department of Agriculture, Natural Resources Conservation Service Web Soil Survey. Electronic document, http://websoilsurvey.nrcs.usda.gov/, accessed June 2022.

Ruby, A.
2010 Draft Archaeological Survey Report for the Monterey Peninsula Light Rail Transit Project. Prepared by Far Western Anthropological Group, Inc. Prepared for Parsons Corporation, San Francisco. On file with Environmental Science Associates, San Francisco.

Sloan, Doris
2006 Geology of the San Francisco Bay Region. University of California Press, Berkeley, California.

United States Army Corps of Engineers (USACE)
2012 Processing of Department of the Army Permits. Electronic document, https://www.gpo.gov/fdsys/pkg/CFR-2011-title33-vol3/pdf/CFR-2011-title33-vol3- part325.pdf, accessed October 18, 2018.
2013 U.S. Army Corps of Engineers Tribal Consultation Policy and Related Documents.

Electronic document,
https://www.spk.usace.army.mil/Portals/12/documents/tribal_program/USACE%20Nat ive%20American%20Policy%20brochure%202013.pdf, accessed October 18, 2018.

64 IRON HORSE NATURE PARK AND OPEN SPACE PROJECT

REFERENCES DUBLIN, ALAMEDA COUNTY, CALIFORNIA
CULTURAL RESOURCE INVENTORY REPORT MARCH 2023
22 United States Geological Survey (USGS)
2018 California Geologic Map Data. Electronic document, https://mrdata.usgs.gov/geology/state/map-us.html, accessed June 2022.

Wills, Carrie D.
2011 Section 106 Cultural Resources Assessment, DSRSD Central Dublin Recycled Water Distribution and Retrofit Project, City of Dublin, Alameda County, California. Report #S-047983 on file with the Northwest Information Center, Rohnert Park, California.

Yarbrough, Edward
2022 Architectural Identification & Evaluation Report: Iron Horse Nature Park and Open Space Project, City of Dublin, Alameda County, California. Yarbrough Architectural Resources, Saint Helena, California. Prepared for NCE on behalf of City of Dublin Parks and Recreation Department.

65 Appendix A

FIGURES

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APPROVEDREVISEDDATEDRAWNJOB NUMBERSOURCE
FIGURE
jhall6/16/20224/21/22mlaitinen891.06.55ESRI USGS Topo Maps 1Project Area Location Map
Iron Horse Nature Park
and Open Space Project
0 1,000 2,000
ft.
1:24,000
¯
Legend
Project Area
Alameda
County
Contra
Costa
County
County: Alameda
USGS 7.5' Quad Map: Dublin
TRS: T
.2S., R.1W., Sec. 360 10 20
mi.
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APPROVEDREVISEDDATEDRAWNJOB NUMBERSOURCE
FIGURE
jhall6/16/20224/22/2022mlaitinen891.06.55Bing Aerial Basemap 2Area of Potential Effect Map
Iron Horse Nature Park and Open Space Project
0 200 400
ft.
1 in. = 400 ft.
¯
Legend
APE
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APPROVEDREVISEDDATEDRAWNJOB NUMBERSOURCE
FIGURE
jhall6/17/20226/16/2022mlaitinen891.06.55Bing Aerial Basemap 3Environmental Borehole and Soil Sample Location Map
Iron Horse Nature Park and Open Space Project
0 100 200
ft.
1 in. = 200 ft.
¯
Legend
Project Area
Environmental Borehole/
Sample
B46
B41
B36
B31
B26
B21
B16
B11
B6
B1
B47
B42
B37
B32
B27
B22
B17
B12
B7
B2
B48
B43
B38
B33
B28
B23
B18
B13
B8
B3
B49
B44
B39
B34
B29
B24
B19
B14
B9
B4
B50
B45
B40
B35
B30
B25
B20
B15
B10
B5
B51
B52
70 Appendix B

WILTON RANCHERIA INADVERTENT DISCOVERY MITIGATION MEASURE

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72 Mitigation Measures for Inadvertent Discoveries

If potential tribal cultural resources (TCRs), archaeological artifacts, other cultural resources, articulated, or disarticulated human remains are discovered during construction activities, all work will cease within 100 feet of the find (based on the apparent distribution of the resources. Examples of potential cultural materials include but are not limited to midden soils, artifacts, chipped or worked stone, baked clay, shell, or bone.)

A Native American Representative from the federally recognized, Wilton Rancheria will assess the significance of the find and make recommendations for further evaluation and treatment if necessary.

Culturally appropriate treatment that preserves or restores the cultural qualities and integrity of a Tribal Cultural Resource may be, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, construction monitoring of any further activities by a tribal representative, and or returning the objects to a location within the project area where they will not be subject to future impacts.

Wilton Rancheria does not consider curation of TCRs to be appropriate or respectful and requests that materials not be permanently curated, unless specifically requested by the Tribe.

If any human remains are discovered during construction activities, the County Coroner and the Native American Heritage Commission shall be contacted immediately. Upon determination by the County Coroner that the remains are Native American in origin, the Native American Heritage Commission will assign the Most Likely Descendant(s) (MLD) who will work the project proponents to define proper treatment and disposition.

After review of the find and consultation with the MLD, the authority to proceed may be accompanied by the addition of development requirements which provide for protection and preservation of the site and/or additional measures necessary to address the sensitive and unique nature of the site. All treatment recommendations made by the tribe and other cultural resources specialists will be documented in the confidential portion of the project record. Work in the area(s) of the cultural find may only proceed after authorization from the lead agency in coordination with the Tribe.

Please reach out to the tribe by using the contact information listed below. We appreciate your compliance and understanding in our endeavors to protect and preserve our tribal cultural resources.

Venesa Kremer
Cultural Resource Assistant
Lead Monitor
Wilton Rancheria- Cultural Preservation Department
Tel: 916.683.6000 ext. 2023
[email protected]

[email protected]
73 Appendix C

NATIVE AMERICAN CORRESPONDENCE

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75 Pt. Richmond, CA
501 Canal Blvd., Suite I
Pt. Richmond, CA 94804
(510) 215-3620

May 17, 2022

Ms. Christina Snider, Executive Secretary
California Native American Heritage Commission
1550 Harbor Boulevard, Suite 100
West Sacramento, California 95691

Dear Ms. Snider:

The City of Dublin (City) proposes to implement the Iron Horse Nature Park and Open Space Project (Project) located at located between Amador Valley R d. and Alcosta Bl vd., Dublin, California. The proposed Project would include the following features:

1. Re-location of the Iron Horse Trail to the east in the location of the historic railroad bed

2. Additional secondary pedestrian trails along the corridor

3. Better access at the northern boundary, along the northeast side and at Stagecoach Park

4. Restoration of the site with native vegetation representing oak woodlands, grasslands, riparian zones and wetlands

5. Trail head facilities

6. Community garden space

7. Picnic and play spaces for children

8. Collaboration with Zone 7 on their re-alignment of San Ramon Creek to improve flood management, water quality and naturalized system providing access to additional parkland for residents.

The Project requires compliance with the National Environmental Preservation Act (NEPA ), Section 106 of the National Historic Preservation Act (NHPA), and the California Environmental Quality Act (CEQA). NCE has been retained to complete initial compliance with Section 106 of the NHPA and AB-52 under CEQA. The Project is comprised of approximately 8-acres located within Township 2 South, Range 1 West, Section 36. Two maps are enclosed for your review.

Figure 1 is a location map of the project area at a 1:24,000 scale with a USGS 7.5’ quadrangle background (Dublin). Figure 2 is a detail map with aerial imagery.

Please provide a Native American contact list for within and near the project area. We also request that you conduct a search of your Sacred Lands database for any places of concern that may be located within or adjacent to the proposed project area.

If you have any questions, please feel free to contact me via email at [email protected] or by telephone (510-215-3620). I appreciate your assistance and look forward to hearing from you soon.

Sincerely,

Molly Laitinen
NCE | Staff Archaeologist
Enclosed: Tribal Consultation List Request Form; Figure 1 – Location Map; Figure 2 – Detail Map 76 Local Government Tribal Consultation List Request

Native American Heritage Commission
1550 Harbor Blvd, Suite 100
West Sacramento, CA 95691
916-373-3710
916-373-5471 – Fax
[email protected]

Type of List Requested
☐ CEQA Tribal Consultation List (AB 52) – Per Public Resources Code § 21080.3.1, sub s. (b), (d), (e) and 2108 0.3.2

☐ General Plan (SB 18) - Per Government Code § 65352.3.

Local Action Type:
___ General Plan ___ General Plan Element ___ General Plan Amendment

___ Specific Plan ___ Specific Plan Amendment ___ Pre-planning Outreach Activity

Required Information

Project Title:____________________________________________________________________ ________

Local Government/Lead Agency: ___________________________________________________________

Contact Person: ____________________________________________________________________ ______

Street Address: _____________________________________________________________________ ______

City:_____________________________________________________ Zip:__________________________

Phone:____________________________________ Fax:_________________________________________

Email:_____________________________________________

Specific Area Subject to Proposed Action

County:________________________________ City/Community: _______________________ ____

Project Description:

Additional Request
☐ Sacred Lands File Search - Required Information:

USGS Quadrangle Name (s):____________________________________________________________

____________________________________________________________

Township:_______ ____________ Range:________ ___________ Section(s):___ ________________ 77 Document Path: P:\Active Projects\Dublin - 891\891.06.55 - Iron Horse Nature Park and Open Space Project- Initial Tasks\GIS\AGP\Iron Horse Park - mlaitinen.aprx

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79 STATE OF CALIFORNIA Gavin Newsom, Governor

NATIVE AMERICAN HERITAGE COMMISSION

Page 1 of 2 ends

June 14, 2022

Molly Laitinen
NCE

Via Email to: [email protected]

Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Iron Horse Nature Park and Open Space Project, Alameda County

Dear Ms. Laitinen:

Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”)

Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides:

Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section.

The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for notification of projects in the tribe’s areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources.

The NAHC also recommends, but does not require that agencies should also include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as:

1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to:

CHAIRPERSON
Laura Miranda
Luiseño

VICE CHAIRPERSON
Reginald Pagaling
Chumash

PARLIAMENTARIAN
Russell Attebery
Karuk

SECRETARY
Sara Dutschke
Miwok

COMMISSIONER
William Mungary
Paiute/White Mountain
Apache

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

COMMISSIONER
Wayne Nelson
Luiseño

COMMISSIONER
Stanley Rodriguez
Kumeyaay

EXECUTIVE SECRETARY
Raymond C.

Hitchcock
Miwok/Nisenan

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov

Page 2 of 2 ends

• A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites;
• Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and
• If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.

2. The results of any archaeological inventory survey that was conducted, including:

• Any report that may contain site forms, site significance, and suggested mitigation measures.

All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10.

3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was negative.

4. Any ethnographic studies conducted for any area including all or part of the APE; and

5. Any geotechnical reports regarding all or part of the APE.

Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource.

This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process.

If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current.

If you have any questions, please contact me at my email address: [email protected].

Sincerely,

Cody Campagne
Cultural Resources Analyst

Attachment

81 Amah MutsunTribal Band of
Mission San Juan Bautista
Irene Zwierlein, Chairperson
3030 Soda Bay Road
Lakeport, CA, 95453
Phone: (650) 851 - 7489
Fax: (650) 332-1526
[email protected]
Costanoan
Costanoan Rumsen Carmel
Tribe
Tony Cerda, Chairperson
244 E. 1st Street
Pomona, CA, 91766
Phone: (909) 629 - 6081
Fax: (909) 524-8041
[email protected]
Costanoan
Indian Canyon Mutsun Band of
Costanoan
Ann Marie Sayers, Chairperson
P.O. Box 28
Hollister, CA, 95024
Phone: (831) 637 - 4238
[email protected]
Costanoan
Indian Canyon Mutsun Band of
Costanoan
Kanyon Sayers-Roods, MLD
Contact
1615 Pearson Court
San Jose, CA, 95122
Phone: (408) 673 - 0626
[email protected]
Costanoan
Muwekma Ohlone Indian Tribe
of the SF Bay Area
Charlene Nijmeh, Chairperson
20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
Phone: (408) 464 - 2892
[email protected]
Costanoan
Muwekma Ohlone Indian Tribe
of the SF Bay Area
Monica Arellano, Vice
Chairwoman
20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
Phone: (408) 205 - 9714
[email protected]
Costanoan
North Valley Yokuts Tribe
Katherine Perez, Chairperson
P.O. Box 717
Linden, CA, 95236
Phone: (209) 887 - 3415
[email protected]
Costanoan
Northern Valley
Yokut
North Valley Yokuts Tribe
Timothy Perez,
P.O. Box 717
Linden, CA, 95236
Phone: (209) 662 - 2788
[email protected]
Costanoan
Northern Valley
Yokut
The Ohlone Indian Tribe
Andrew Galvan,
P.O. Box 3388
Fremont, CA, 94539
Phone: (510) 882 - 0527
Fax: (510) 687-9393
[email protected]
Bay Miwok
Ohlone
Patwin
Plains Miwok
Wilton Rancheria
Jesus Tarango, Chairperson
9728 Kent Street
Elk Grove, CA, 95624
Phone: (916) 683 - 6000
Fax: (916) 683-6015
[email protected]
Miwok
Wilton Rancheria
Steven Hutchason, THPO
9728 Kent Street
Elk Grove, CA, 95624
Phone: (916) 683 - 6000
Fax: (916) 863-6015
shutchason@wiltonrancheria-
nsn.gov
Miwok
Wilton Rancheria
Dahlton Brown, Director of
Administration
9728 Kent Street
Elk Grove, CA, 95624
Phone: (916) 683 - 6000
[email protected]
Miwok
1 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code.

This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Iron Horse Nature Park and Open Space Project, Alameda County.

PROJ-2022-
003364
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Native American Heritage Commission
Tribal Consultation List
Alameda County
6/14/2022
82 Wuksache Indian Tribe/Eshom
Valley Band
Kenneth Woodrow, Chairperson
1179 Rock Haven Ct.

Salinas, CA, 93906
Phone: (831) 443 - 9702
[email protected]
Foothill Yokut
Mono
The Confederated Villages of
Lisjan
Corrina Gould, Chairperson
10926 Edes Avenue
Oakland, CA, 94603
Phone: (510) 575 - 8408
[email protected]
Bay Miwok
Ohlone
Delta Yokut
2 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code.

PROJ-2022-
003364
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Native American Heritage Commission
Tribal Consultation List
Alameda County
6/14/2022
83 June 20, 2022

Tony Cerda, Chairperson
Costanoan Rumsen Carmel Tribe
244 E. 1st Street
Pamona, CA 91766

SUBJECT: Iron Horse Nature Park and Open Space Project, CIP No. PK0422

Dear
Tony Cerda:

The City of Dublin (City) proposes to construct the Iron Horse Nature Park and Open Space Project (Project) located in Dublin, California. The purpose of the Project is to create a nature park and open space with a trail and recreation facilities to meet t he current and future needs of Dublin residents. The Project area will extend north from the intersection of Amador Valley Boulevard for approximately 2,000 feet along a former railroad embankment. An existing segment of the Iron Horse Trail is located west of and paralleling the Project. Upon ultimate completion of all planned improvements, the new trail constructed with the Project will eventually replace the paralleling segment of the existing Iron Horse Trail. Project improvements will be consistent with the adopted Parks and Recreation Master Plan and the adopted Iron Horse Nature Park and Open Space Master Plan.

The Project requires compliance with the California Environmental Quality Act (CEQA).

The City will act as the CEQA lead agency. NCE h as been retained to conduct Native American consultation under Assembly Bill 52 (AB-52) (PRC 21080.3.1).

The Project is comprised of 10.4-acres located within Township 2 South, Range 1 West, Section 36. Two maps are enclosed for your review. Figure 1 is a location map of the project area at a 1:24,000 scale with a USGS 7.5’ quadrangle background (Dublin).

Figure 2 is a detail map with aerial imagery.

A records search of the Project area and a quarter- mile (0.25) buffer was requested from the Northwest Information Center. Record search results indicate one architectural resource (P -01-011774) has been recorded previously within the Project area and two architectural resources (P-01-011775 and P-01- 012186) have been recorded previously within 0.25 miles of t he Project area. Resource P -01-011774 represents the remnants of an unnamed railroad grade and associated features; P -01- 011775 is a segment of the channelized South San Ramon Creek; and P-01 -012186 consists of the Alamo Canal. A search of the Native Ameri can Heritage Commission (NAHC) Sacred Lands File was requested for the Project area on May 17, 2022. The results of that search were negative.

An intensive archaeological survey and archaeological monitoring of 52 environmental boreholes within the Project area occurred between April 13 and April 18, 2022. No new cultural resources were identified during the inventory or monitoring efforts.

84 Iron Horse Nature Park and Open Space Project, Dublin, California Page 2

Please consider this letter and preliminary Project information as the initiation of AB - 52 consultation under CEQA. Please respond within 30 days of receipt of this letter if you would like to consult on this Project. Please provide a designated lead contact person if you have not provided that information to us already.

If you have any questions, please feel free to contact Molly Laitinen, the City’s consultant with NCE, via e-mail at [email protected] or by telephone at (408)-823- 4570. We appreciate your assistance and look forward to hearing from you soon.

Sincerely,

Laurie L. Sucgang, P.E.

Assistant Public Works Director/City Engineer

Enclosure: Figure 1 – Project Area Location Map
Figure 2 – Project Area Detail Map
NAHC Results Letter
NWIC Results Letter

cc: Molly Laitinen, NCE
85 Document Path: P:\Active Projects\Dublin - 891\891.06.55 - Iron Horse Nature Park and Open Space Project- Initial Tasks\GIS\AGP\mlaitinen\Iron Horse Park - mlaitinen.aprx

APPROVEDREVISEDDATEDRAWNJOB NUMBERSOURCE
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jhall6/16/20224/21/22mlaitinen891.06.55ESRI USGS Topo Maps 1Project Area Location Map
Iron Horse Nature Park
and Open Space Project
0 1,000 2,000
ft.
1:24,000
¯
Legend
Project Area
Alameda
County
Contra
Costa
County
County: Alameda
USGS 7.5' Quad Map: Dublin
TRS: T
.2S., R.1W., Sec. 360 10 20
mi.
86 Document Path: P:\Active Projects\Dublin - 891\891.06.55 - Iron Horse Nature Park and Open Space Project- Initial Tasks\GIS\AGP\mlaitinen\Iron Horse Park - mlaitinen.aprx

APPROVEDREVISEDDATEDRAWNJOB NUMBERSOURCE
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jhall6/16/20224/22/2022mlaitinen891.06.55Bing Aerial Basemap 2Project Area Detail Map
Iron Horse Nature Park and Open Space Project
0 200 400
ft.
1 in. = 400 ft.
¯
Legend
Project Area
87 STATE OF CALIFORNIA Gavin Newsom, Governor