Fremont City Council Meeting: 12/06/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4740) DOC ID: 4740
Updated: 11/30/2022 2:18 PM by Alberto Quintanilla Page 1 I-880 INNOVATION BRIDGE AND TRAIL PROJECT - Public Hearing (Published Notice) to Consider Adoption of a Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Prepared and Circulated for the I- 880 Innovation Bridge and Trail Project (East Bay Greenway Reach 6) in Accordance with the Requirements of the California Environmental Quality Act (PWC8907)
Contact Persons:
Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the development of the I- 880 Innovation Bridge and Trail Project. This report recommends approval of environmental clearance for a new bicycle and pedestrian bridge and trail that will connect the City’s largest employment area with housing, recreation, and regional transit in the Warm Springs Innovation District. Informational Item “1” includes a Fact Sheet on the project location, scope and status.
BACKGROUND: The I-880 Innovation Bridge and Trail Project, also known as the East Bay Greenway Trail Reach 6 (the Project) is identified in the City’s General Plan and master plans for trails, bicycling, and pedestrians. The Project will complete the southernmost segment of the East Bay Greenway Regional Trail through the City of Fremont, and will connect land uses in the City’s Innovation District that are divided by the I-880 freeway, including: the Warm Springs/South Fremont BART station, new housing and commercial development, the Tesla Factory, the Bayside Business Park and the Bay Trail.
The Project’s scope includes a multi-use trail along Fremont Boulevard and Kato Road, an architecturally significant bicycle and pedestrian bridge crossing over I-880, a multi-use trail between Landing Parkway and Fremont Boulevard immediately north of Agua Caliente Creek, and a mid-block traffic signal at Fremont Boulevard.
DISCUSSION/ANALYSIS: As part of their 2018 Comprehensive Investment Plan, the Alameda County Transportation Commission (ACTC) approved the allocation of Measure BB funds for the Project in the amount of $1.901 million for the environmental clearance and preliminary design phases, and $3.553 million for the final design phase.
Subsequently, the consulting firm of TY Lin International (TY Lin) was selected to facilitate the Environmental Clearance, Preliminary Engineering, and Final Design for this Project.
The City Council approved a contract with TY Lin on September 18, 2018.
The Environmental Clearance process is nearing completion. At this time, staff recommends the City Council consider the potential environmental impacts, proposed mitigation measures, and adopt the Draft Mitigated Negative Declaration and Mitigation, Monitoring, Staff Report (ID # 4740) Meeting of December 6, 2022
Updated: 11/30/2022 2:18 PM by Alberto Quintanilla Page 2 and Reporting Program for the Project. Once adopted, the final design plans can be completed.
FISCAL IMPACT: The funds for this Project have been appropriated and budgeted into PWC8907, consisting of $5.454 million from Alameda CTC Measure BB sales tax funds, $100,000 from SB-1 State gas tax funds, and $1.556 million from Transportation Impact Fees.
ENVIRONMENTAL REVIEW:
Environmental Review and Mitigation Measures
An Initial Study and Draft Mitigated Negative Declaration (IS/MND) (Exhibit “A”) have been prepared and circulated for this project in accordance with the requirements of the California Environmental Quality Act (CEQA).
The Draft Mitigated Negative Declaration includes recommended mitigation mea sures, which, if adopted and implemented in accordance with staff’s recommendation, reduce all identified potentially significant impacts to less-than-significant levels. The environmental analysis identified concerns regarding potentially significant impacts related to paleontological resources (from earth moving activities such as grading and excavation), hazards (from potentially contaminated soils and/or groundwater encountered during construction), hydrology (from potentially contaminated groundwater encountered during dewatering activities), and noise (from vibration levels during construction activities associated with vibration sheet piling). These potentially significant impacts can be reduced to a less than significant level with mitigation. A summary of the mitigation measures includes the following: preparation and implementation of a Paleontological Mitigation Plan; conducting a Phase II Preliminary Site Investigation and incorporating the findings in the project specifications and approved Health and Safety Plans; preparation and implementation of a dewatering plan if required by the findings of the Phase II Preliminary Site Investigation; and implementation of vibration control measures. These mitigation measures will be required to be implemented as conditions of approval for this project and are provided in the Mitigation Monitoring and Reporting Program (MMRP) (Exhibit “B.”) . The MMRP outlines the process for implementation of the mitigation measures and responsibility for reporting.
Measures Incorporated During Construction (Not Mitigation) The City of Fremont has established standard development requirements to address resource protection (Fremont Municipal Code (FMC) Chapter 18.218). These requirements apply to air quality (construction-related emissions), biological resources (special-status species), cultural resources (notification of affiliated California Native American Tribes and accidental discovery of cultural resources), and noise (construction-related noise). In addition to FMC Chapter 18.218, the proposed project would also comply with the requirements of FMC Chapter 18.215, Tree Preservation. The requirements for tree protection typically apply to private property but for this proposed Project would also be applicable to trees within the public right-of-way to ensure tree removal and replacement is addressed consistently. The proposed project would also comply with the applicable City of Fremont Standard Details which are generic drawings that illustrate and describe a co mmon activity for improvements within the public right of way including Curb, Gutter, and Sidewalk; Signs, Streetlights, Utilities, Trails, and Other Miscellaneous; Traffic; and Staff Report (ID # 4740) Meeting of December 6, 2022
Updated: 11/30/2022 2:18 PM by Alberto Quintanilla Page 3 Landscape. The proposed project would comply with these standard development requirements and standard details, which are described in greater detail in the relevant topical area of the Initial Study (Exhibit “A”).
Public Review and Coordination
The IS/MND was circulated for public review from August 11, 2022, to September 12, 2022, in accordance with the requirements of CEQA. Notice was mailed to property owners within 300 feet of the project site and interested parties, and the documents were posted to the City’s environmental review webpage, the City’s Development Services Center and the State Clearinghouse in the Governor’s Office of Planning and Research. During the public review period, one written comment was received from the Department of Toxic Substances Control (DTSC) with recommendations pertaining to hazards and hazardous materials. Staff considered the comments and determined that the recommendations from DTSC are not required to reduce impacts to a less-than-significant level, but are sensible Best Management Practices (BMPs), and have therefore been included as Conditions of Approval.
Because these new Conditions of Approval are not required by CEQA and are not necessary to mitigate an avoidable significant effect, recirculation of the Mitigated Negative Declaration is not required per CEQA Guidelines Section 15073.5(c)(3). The introductory language of the MND has been amended to include the new Conditions of Approval, as shown in tracked changes in Exhibit A.
ATTACHMENTS:
• Draft Resolution - Innovation Bridge MND
• Exhibit A – Initial Study and Draft Mitigated Negative Declaration, PWC8907 • Exhibit B – Mitigation Monitoring and Reporting Program • Informational Item 1 – Project Fact Sheet
• Informational Item 2 – Response to Comments Memorandum
RECOMMENDATION: Approval of the following actions related to the I-880 Bicycle/Pedestrian Bridge and Trail Project (East Bay Greenway Trail Reach 6):
1. Hold the Public Hearing.
2. Adopt a Resolution making required findings pursuant to the California Environmental Quality Act, and adopting the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as shown in Exhibit “A” and Exhibit “B.”