PASSED AND ADOPTED on this 15th day of August 2022, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________________
Thai Nam Pham, City Clerk
9.2.a
Packet Pg. 579 Attachment: Draft Resolution - Flag Flying Fee Establishment (3909 : Establishment of Application Fees for Flying a Commemorative Flag at
Attachment A
General Administration
#Description Current Fee/Charge Unit Notes New Fee
Effective September 1, 2022
Miscellaneous City Code Section 7.1.(a)
17 Commemorative Flag Flying Application - with
Signature Verification New $552.00
18 Commemorative Flag Flying Application - without
Signature Verification New $25.00
9.2.b
Packet Pg. 580 Attachment: Exhibit A - Fee Amounts (3909 : Establishment of Application Fees for Flying a
City of Gilroy
STAFF REPORT
Agenda Item Title: Purchase of Five Dodge Durango Police Pursuit Vehicles Via Alameda County Tag-On Bid Process (Master Contract
No. 902035)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the Purchase of Five (5) Dodge Durango Police Pursuit Vehicles in the Amount of $276,825.55 from MY Jeep-Chrysler-Dodge-Ram Utilizing Alameda County Tag-On Bid Process and Authorize the City Administrator to Execute All Necessary Purchase Documents.
EXECUTIVE SUMMARY
11.1 Packet Pg. 581
Consistent with the adopted budget for FY 22 and FY 23, the Fleet Division budgeted for six police pursuit vehicles to replace aging vehicles in the City’s fleet. One vehicle was purchased in FY 22 and is being prepared for deployment. The remaining five vehicles had not been purchased due to lack of available vehicles primarily impacted by the chip shortage and Covid. Staff recently received notification of a short window to place an order for five 2023 police pursuit vehicles under a tag-on bid process issued by Alameda County. If the City does not act quickly to place the order, all of the 2023 police pursuit vehicles will be taken by other departments and it will be difficult to secure vehicles later in the year.
BACKGROUND
The City has not purchased any new police pursuit vehicles since FY 19. Gilroy’s police pursuit vehicles are heavily utilized and experience significant wear and tear. The Fleet Division services and repairs police vehicles to keep vehicles in a safe condition and ready for the high use deployment, however, the vehicles reach a point where they need to be replaced hence the budgeted vehicle replacements for FY 22 and FY 23.
Due to the limited availability of police pursuit vehicles at this time, staff researched the available cooperative bidding processes available to local government agencies like Gilroy to take advantage of purchasing power to get the most competitive pricing. In the course of this research, the City identified the tag-on bid available through the County of Alameda (Master Contract Number 902035). This tag-on bid was utilized for the single police vehicle purchased in FY 22 which allowed the Police Department to obtain a needed vehicle at a competitive price negotiated through the tag -on bid process. Any dealer can compete in the competitive bid process; however, a very competitive pricing structure must be included for a dealer to be awarded the bid. Dealers will offer very competitive pricing to focus on volume sales. MY Jeep-Chrysler-Dodge-Ram in Salinas was awarded the Alameda County bid following a competitive bidding process.
Staff did reach out to a local Gilroy dealership to see if similar pricing could be obtained, but at the time the dealer could not place orders for the vehicles needed. Since that time, the dealer has not contacted us with vehicle availability or updated pricing. Given the short window of time for orders to be placed to secure 2023 police pursuit vehicles, the best option is to take advantage of the Alameda County tag -on bid with a Salinas dealership in our region.
ANALYSIS
Police personnel that utilize the police pursuit vehicles on a daily basis developed specifications for the vehicles needed. The purchase will be for five 2023 Dodge Durango Pursuit vehicles. The cost per vehicle is $55,365.11 for a tota l expenditure of $276,825.55. The profit mark-up is a very competitive $2,500 per vehicle. Working with the Government Sales Manager at MY Jeep-Chrysler-Dodge-Ram in Salinas, an order for the five vehicles is now pending Council approval.
11.1 Packet Pg. 582
Due to the current limited inventory of police pursuit vehicles and the competitive pricing structure, other affordable alternatives are not feasible at this time.
FISCAL IMPACT/FUNDING SOURCE
A total of $481,000 is budgeted for six PD vehicle purchases in the adopted F Y 22 and FY 23 budget that was approved by Council in June 2021. As mentioned above, only one vehicle has been purchased thus far. As part of the mid -cycle budget adjustments staff will be asking to carry-forward the unspent FY22 fleet replacement budget to FY23.
As such, if approved, the purchase of these vehicles will be charged to the Fleet Fund in the amount of $276,825.55.
NEXT STEPS
With Council’s approval, staff will move forward with the purchase of the police pursuit vehicles. At this time, we do not have a firm delivery date, however, we estimate receipt of the vehicles in about six months. Once the vehicles are received, inspected, and accepted, the vehicles are outfitted for the Gilroy Police Department use and deployed in the field.
Attachments:
1. Gilroy PD quote for Five 2023 Dodge Durango Pursuit 08-02-22
2. Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22
11.1 Packet Pg. 583
$5,000 - Manage Economic Development marketing and advertising programs in conjunction with strategic partners to enhance economic development inquiries and increase opportunities to attract businesses to Gilroy.
$6,000 - Attend industry tradeshows with City’s economic development team to promote Gilroy as a business destination.
$4,000 - Partner with the City’s economic development team to do “hand-offs” of those businesses we have attracted to Gilroy.
$10,000 - Track existing inventory of available buildings and business sites within the community including public and private buildings and land areas.
% of dollars granted - Assist the City with facilitating grant programs for the business community.
$25,000 - Create a collaborative workforce development program between education and industry to give middle school, high school, and college students an opportunity to gain insights into career pathways to:
• Understand the short-term and long-term needs of Gilroy’s business community. • Coordinate efforts between GUSD, Gavilan College, the County of Santa Clara and other agencies to improve workforce training and job opportunities. • Provide opportunities for businesses and local organizations to participate in students’ career exploration.
• Develop internship and apprenticeship programs.
Report quarterly to the City Council on performance information related to all the above.
11.1.a
Packet Pg. 584 Attachment: Scope of Services (3920 : Agreement with Gilroy Chamber of Commerce)
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 15th day of August, 2022, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Gilroy Chamber of Commerce, having a principal place of business at 7471 Monterey Street, Gilroy, CA 95020.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on August 15, 2022 and will continue in effect through June 30, 2027 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.
11.1.b
Packet Pg. 585 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $50,000 anually. Beginning July 1, 2023, the annual amount shall increase each July 1st by the increase in the annual Consumer Price Index for the calendar year prior, in the Bureau of Labor Statistics Series CUURS49BSA0 .
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
11.1.b
Packet Pg. 586 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
11.1.b
Packet Pg. 587 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
• CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to CONSULTANT;
• CITY will not make disability insurance contributions on behalf of CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.
11.1.b
Packet Pg. 588 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
11.1.b
Packet Pg. 589 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
11.1.b
Packet Pg. 590 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
11.1.b
Packet Pg. 591 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
GILROY CHAMBER OF COMMERCE CITY OF GILROY
By: By:
Name: Mark Turner Name: Jimmy Forbis
Title: President/Chief Executive Officer Title: City Administrator Social Security or Taxpayer
Identification Number
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Packet Pg. 592 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign the President/CEO, who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, the City Administrator shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
11.1.b
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
11.1.b
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
11.1.b
Packet Pg. 596 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
-4- 4835-2267-0361v1
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H. NOTICES.
Notices are to be sent as follows:
CITY: City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: President/CEO
Gilroy Chamber of Commerce
7471 Monterey Street
Gilroy, CA 95020
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
11.1.b
Packet Pg. 597 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
-1- 4835-2267-0361v1
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EXHIBIT “B”
SCOPE OF SERVICES
The Gilroy Chamber of Commerce shall undertake marketing and economic activities on behalf of the City of Gilroy. The activities shall include the following:
1. Manage Economic Development marketing and advertising programs in conjunction with strategic partners to enhance economic development inquiries and increase opportunities to attract businesses to Gilroy.
2. Attend industry tradeshows with City’s economic development team to promote Gilroy as a business destination.
3. Partner with the City’s economic development team to do “hand-offs” of those businesses the Chamber attract to Gilroy.
4. Track existing inventory of available buildings and business sites within the community including public and private buildings and land areas.
5. Assist the City with facilitating grant programs for the business community.
6. Create a collaborative workforce development program between education and industry to give middle school, high school, and college students an opportunity to gain insights into career pathways to:
• Understand the short-term and long-term needs of Gilroy’s business community. • Coordinate efforts between GUSD, Gavilan College, the County of Santa Clara and other agencies to improve workforce training and job opportunities. • Provide opportunities for businesses and local organizations to participate in students’ career exploration.
• Develop internship and apprenticeship programs.
7. Report quarterly to the City Council on performance information related to all the above.
11.1.b
Packet Pg. 598 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
-1- 4835-2267-0361v1
LAC\04706083
EXHIBIT “C”
MILESTONE SCHEDULE
A quarterly report to the City Council on performance results shall commence with a report of the fourth quarter of calendar year 2022, then each subsequent quarter for the duration of this agreement.
11.1.b
Packet Pg. 599 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
4835-2267-0361v1
LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
Payments shall be made upon an invoice from the Gilroy Chamber of Commerce.
Invoices shall be issued quarterly to the City of Gilroy for $12,500 per quarter, to fund each of the below amounts proportionately, for the first year of the term.
Beginning 2nd year of the term, July 1, 2023, and annually thereafter, the initial contribution of $50,000 shall be adjusted by the change in the annual Consumer Price Index for the calendar year prior, in the Bureau of Labor Statistics Series CUURS49BSA0, and the amoun t shall be billed via quarterly invoices. The increase shall be applied proportionately to each of the below funding categories for the specific actions undertaken:
$5,000 - Manage Economic Development marketing and advertising programs in conjunction with strategic partners.
$6,000 - Attend industry tradeshows with City’s economic development team to promote Gilroy as a business destination.
$4,000 - Partner with the City’s economic development team to do “hand-offs” of those businesses the Chamber attract to Gilroy.
$10,000 - Track existing inventory of available buildings and business sites within the community including public and private buildings and land areas. $25,000 - Create a collaborative workforce development program between education and industry to give middle school, high school, and college students an opportunity to gain insights into career pathways
For assisting the City with facilitating grant programs for the business community, a percentage of the grant's administration fees, charges or the administrative portion of the dollars granted will be paid to the Chamber of Commerce. The specific amount will be determined on a case- by-case basis by the conditions and terms of each individual grant, and the discretion of the City Administrator, in discussion with the Chamber of Commerce.
Payments shall be net 30 days.
11.1.b
Packet Pg. 600 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
City of Gilroy
STAFF REPORT
Agenda Item Title: Gilroy Zoning Ordinance Update Progress Report Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Kraig Tambornini, Senior Planner
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Accept the Zoning Ordinance update progress report.
DISCUSSION
Preparation of an updated zoning code was initiated following adoption of the 2040 General Plan in November of 2020. The update is necessary to implement the new policies and programs that are found in the 2040 General Plan. In addition, the update will need to be reviewed for compliance with current State zoning and housing laws and there is an effort to develop a format that is more user-friendly.
11.2 Packet Pg. 601
The City’s consultant, Mintier-Harnish, and City staff began this effort in November 2020, following the adoption of the 2040 General Plan. The following actions have been completed to date:
➢ On December 6, 2021, staff informed the Council that two of the eight sections of the document (Articles) had been reviewed by City staff and returned to the consultant to incorporate edits. It was estimated at that time that the new code would be ready for review and adoption by the end of 2022.
➢ As of June 2022, staff has reviewed four of the eight articles and provided comments to the consultant to finalize and incorporate edits. Sign standards in Article III are still being reviewed by staff.
➢ In July 2022, the Consultant submitted drafts of Articles 6 and 7 for review. Staff continues to review and will spend the focus time to carefully review the drafts submitted by the consultant since comments have been extensive.
The zoning code is a complex and comprehensive set of land use laws and the review of the drafts provided by the Consultant to date have involved multiple parties, including internal City departments in addition to review by the City Attorney’s office. Comments and edits provided have been comprehensive and extensive, which has highlighted and emphasized the need for this on-going comprehensive and coordinated review. In response to public comments and Council feedback regarding issues that have come to the forefront of the City’s attention, staff has directed the consultant to develop draft standards on uses that include a drive-through, especially for those uses in the vicinity of residential uses and draft noise thresholds.
Updated Review Status
The following table summarizes the review status of each Article (the current Article that is being replaced is noted in italics).
In addition, the table briefly summarizes how noise and drive-through standards may be addressed.
NEW ARTICLE REVIEW STATUS
Article 1 - Enactment and
Applicability
Incorporates current Art.
Article I & II
Review was completed in December 2020.
Article 2 - Zoning and
Land Use Standards
Incorporates current Art. IV
thru XXX
Comments were sent to the consultant in March 2022 with direction to incorporate further edits.
This Article includes all zoning district standards including new Mixed Use and Employment Center districts.
Article 3 - Regulations in Staff review was substantially completed in June 2022, with
11.2 Packet Pg. 602
NEW ARTICLE REVIEW STATUS
All Zones
Incorporates current Art.
XXXI, XXXII, XXXIV,
XXXVII, XXXVIII, XXIX, XLI
& XLVI
comments sent to consultant to make further edits.
This Article includes performance standards including Noise.
Building, Code Enforcement, and Planning staff have
collaborated on review of the standards and have asked for nighttime noise thresholds to be included. Noise standards remain unchanged in all other respects.
The sign standards are still being reviewed by staff. The intent is to simplify the provisions, assure consistency with state law, maintain standards for specific uses such as car dealerships, and provide a flexible and uniform sign program option for large centers.
Article 4 - Standards for
Specific Land Uses
Incorporates current Art.
XXIII, XXV, XXXVI, XL,
XLI, XLII, XLIV, & LIV
These standards have not been received for staff review.
The Article is currently anticipated to be received in
September.
Staff asked the consultant to recommend new standards for drive-through uses in this Article. These uses are currently permitted by right except in downtown. Requirements that may be considered include:
• CUP review for drive-throughs within 300 feet or less of residential uses, or
• Prohibit drive-through uses near residential
• Require air quality assessment
• Increase stacking lane requirements
• Require traffic management
Article 5 -
Nonconforming
Regulations
Incorporates current Art.
XLVIII
Staff review was completed in January 2022 and the
consultant is working on revisions. No significant changes are anticipated.
Article 6 - Permit
Processing Procedures
Incorporates current Art.
XLV, L & LI
Staff received the draft Article in July 2022.
The Article implements all entitlement reviews. Direction has been given to consolidate minor use reviews, streamline review of planned development permits in existing PD’s, and lower review level for selected uses and architectural
reviews. Staff continues a careful review of the draft.
Article 7 – Administration
Incorporates current Art. LII
& LIII
Staff received the draft Article in July 2022. No significant changes are envisioned. Staff continues a careful review of the draft.
Article 8 – Definitions Updated definitions have not yet been received for staff review.
11.2 Packet Pg. 603
NEW ARTICLE REVIEW STATUS
Incorporates current Art. II New and expanded definitions are expected to provide more clarity. Some land use definitions were reviewed with Article
2. A draft of this Article is expected in September.
Zoning Map
This has not yet been submitted to staff for review. In addition to implementing the Mixed Use and Employment
Center, some minor zoning map corrections are needed.
The Draft Zoning Map will be provided for internal review once all zoning codes are near their final form and have been substantially completed. This will help minimize the duplication of efforts.
Updated Completion Timeframe
As there have been a significant number (and the comprehensive nature) of comments on the draft zoning codes has extended the anticipated timeline that staff expects will be needed to complete the comprehensive Zoning update. It should be noted, that there is no hard deadline for completion of the zoning code update, thus staff continues to prioritize other department workplan items that have time -specific requirements, most notably the housing element update.
The draft zoning code update is expected to be completed in spring of 2023.
Once the internal review of the draft zoning regulations is complete, the process will proceed as follows:
1. Final draft of the comprehensive zoning code (all Articles) and zoning map will be submitted to staff by the consultant to check fo r any errors, omissions, and verification of internal consistency, along with a review for compliance with State land use regulations.
2. The draft ordinance document and map will be released for public review and comment. This will include public meetings with the Planning Commission and City Council.
3. The consultant will finalize edits in response to comments and direction provided at these meetings.
4. The final ordinance document and map will be scheduled for hearing by the Planning Commission and then for consideration of adoption by the City Council.
These final steps are projected to take approximately six months.
11.2 Packet Pg. 604
CITY OF GILROY
PARKS OR RECREATION FACILITIES NAMING,
COMMUNITY AND MEMORIAL CONTRIBUTION, AND
GIFT AND SPONSORSHIP POLICY
DEFINITIONS AND METHODS OF RECOGNITION
A) Definitions
Donations/gifts: Funds, equipment, materials or services given to the City without expectation of a significant return or recognition.
Memorial: A physical feature intended to honor a deceased person. The primary intent of a memorial is not to recognize social contributions, importance, or historic significance, though the person being memorialized may also have such significance. May take various forms such as:
¾ Site furnishings, benches, trees, drinking fountains
¾ Monuments
¾ Donations of significant improvements i.e. a picnic area in memory of an individual
Recognitions, Tributes & Commemorations: Requests to honor or commemorate significant community contributions. Naming or dedication of a facility or distinct feature of a facility after a person or an event is a typical form of recognition, i.e.
DeBell-Uvas Preserve.
Corporate Sponsorship: The temporary or permanent naming of a facility or feature of a facility in exchange for significant donations from a for-profit corporation or business.
Gifting Sponsorship: The temporary or permanent naming of a facility or feature of a facility in exchange for significant donations from individuals, groups, families or non-profit organizations.
Historical Recognitions: A recognition or tribute that honors a person, place or event of historical nature. This includes:
a. Identification of places that are registered or designated historical by the State of California;
b. Commemorating an event that changed or influenced the course of history, i.e. a battle;
c. Identification of places of local historic significant, though not registered or designated as historic by the State of California;
d. Recognition of historically significant individuals.
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Packet Pg. 605 Attachment: 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY (3860 : Rename Gilroy Museum's Research Room
B) Methods of Recognizing Donations and Memorials
Commemorative Naming: A means of accomplishing memorial recognition, typically for the purpose of acknowledging extraordinary civic contributions and dedication. x Naming of a park or recreation facility or building
x Naming of a distinct feature within a park or recreation or building (i.e. sports field, play area)
Sponsorship Naming: Naming a facility or feature after an individual, business, organization or corporation in recognition of major donor contributions. Typically the sponsorship is done for a specified time period, such as 10 years, after which, the facility will be eligible for re-naming.
Monuments: A physical structure that is erected as a memorial, recognition, or gift acknowledgement. Monuments are generally intended to be visible and obvious to draw the attention of visitors or passing individuals.
Plaques: Size is no larger than 1 sq. ft., is typically placed on an object, or placed on a concrete base flush with ground or elevated no more than 4” above ground. Plaques are intended to be inconspicuous and to blend in seamlessly with the surrounding environment. Plaques placed above ground on concrete or on other pedestals, or that are otherwise conspicuous are considered monuments.
11.2.a
Packet Pg. 606 Attachment: 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY (3860 : Rename Gilroy Museum's Research Room
II.) PARK OR RECREATION FACILITY NAMING POLICY
A) Naming, Renaming of Park or Recreation Facilities or Features
Overview
The use of names based upon distinguishing characteristics, location, or historical usage, is a long-standing practice for the official naming of public sites and facilities. At the national level, naming of federal sites is overseen by the U.S. Board on Geographic Names. Among the key factors considered by the Board is use of names based on established, historical, and local usage. Not surprisingly, many agencies have adopted policies that are generally similar to those of the Board on Geographic Names, and which give priority to names based on geography, location, historical usage, and distinguishing characteristics.
At the same time, it is recognized that individuals and community organizations periodically wish to honor individuals or groups by naming park or recreation assets after them. The policy outlined below was developed to accommodate the desire for commemorative naming, where warranted, while still supporting the primary community values.
Policy
x It is the policy of the City to name park or recreation facilities in a manner that will provide an easy and recognizable reference for the City’s customers. Therefore, first priority in naming facilities shall be given to geographical location. x The geographic location may be based on the identification of the facility with a specific place, neighborhood, major street, or regional area of the City. x Facilities may also be named based on distinguishing, prominent, natural or geological features. This may be used in conjunction with a geographical location, for example, Three Rivers Peak.
x Names in common or historical usage have a secondary priority. x Names that honor a person who has made a distinct and significant contribution to the City of Gilroy will be considered in accordance with Section I.B.) Commemorative Dedications and Names.
x Naming that is done in exchange for major contributions will be considered in accordance with Section IV, Gift and Sponsorship Policy. x Conditions of property donation or deed shall be honored regarding name of facility, although a geographic or characteristic name is preferred. x Names that are similar to existing park or recreation facilities or properties in the Gilroy area should be avoided in order to minimize confusion.
x Property type and intended use may be designated in the name. x Park or recreation facilities named after an individual should include the geographic, natural, or geological features as part of the name, i.e. DeBell-Uvas Park Preserve
11.2.a
Packet Pg. 607 Attachment: 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY (3860 : Rename Gilroy Museum's Research Room
B) Commemorative Dedications and Names
Overview
The selection of commemorative names must be done in a manner that insures that there is broad based support for the naming and general acknowledgement that the contributions of the individual being honored are extraordinary, above and beyond the norm, and unique in quantity and quality of service. Extreme care and diligence must be exercised in the application of this policy to insure that the selection of honorees will withstand the test of time.
If the selection of individuals for commemorative naming or dedication is felt to be inconsistent or biased, then it could become a divisive force in the community and make future decisions on naming difficult and shrouded in controversy. It is the goal of this policy, therefore, to provide consistency in the evaluation of dedication and naming requests and to insure that this honor is bestowed to individuals in an equitable manner and based on common criteria. The dedication or commemorative naming of park or recreation facilities or features will be considered with the following guidelines:
Guidelines:
x Names or dedications that commemorate or may be construed to commemorate living persons will not be considered, except at the discretion of the City Council. x The person being honored must be deceased at least one year before a commemorative dedication or naming proposal will be considered. x The individual/organization must have demonstrated outstanding achievements, contributions to the community, and enrichment of the City. The contribution of the person being honored must have been uncompensated, extraordinary, significant, and unique, setting this individual apart from others who contributed to the community.
This may be evident by documented history such as articles in newspapers recognizing the individual’s contributions or previously received recognitions and awards.
x The person being honored by the dedication or naming should have had a direct and long term association with the feature or facility.
¾ Early or long-time settler –20 or more years
¾ Developer of the designated feature
¾ Restorer or maintainer of the feature
¾ Donor of the land to the City of Gilroy
¾ Person who played a large part in protecting the land or feature for public benefit ¾ Person who played a large part in providing community services through the feature or facility
x Contribution to the community was through our park or recreation system or programs. x Contributions to the park or recreation system were sustained over a long period of time.
11.2.a
Packet Pg. 608 Attachment: 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY (3860 : Rename Gilroy Museum's Research Room
x The named resource is pertinent to, or representative of, the individual’s contribution. x The proposal to commemorate an individual should contain evidence of broad based local support for the proposed name and its application, such as letters, editorials, and petitions.
x The costs of plaques, monuments, and replacement of signs resulting from, or done in conjunction with the dedication or commemorative naming will be borne by the individual, group, or organization sponsoring the request C) Procedure to Request Naming or Renaming or Commemorative Dedications of Park or Recreation Facilities
1. New Park or Recreation Facilities:
Naming of new parks or recreation facilities will be done through a community outreach process that provides opportunity for Gilroy’s residents to provide suggestions and input. Citizens may suggest the commemorative naming of a new park through this process.
a) Whenever possible, the naming of a new facility should occur in conjunction with the Master Plan process for that facility
b) The City will publicize the naming opportunity broadly including posting on the Channel 17, the City’s web page, and in local newspapers. The opportunity to name the facility will also be discussed during the community meetings for design of the facility.
c) Nominations for names will be submitted to Community Services Director on the Park Naming Nomination form
d) The Director and staff will review the nominations for compliance with the Cit y’s Park or Recreation Facility Naming Policy
e) Nominations that are found to be in compliance with the Park or Recreation Facility Naming Policy will be forwarded to Park and Recreation Commission for review and recommendation
f) The Parks and Recreation Commission will make a recommendation to Council based on their review of the nominations.
g) The recommended name will be forwarded to the City Council for their review and consideration. This may be done in conjunction with the approval of the facility Master Plan. Approval, modification, or denial of the proposed name is within the sole discretion of the City Council.
2. Re-naming of Existing Facilities and Features for Commemorative purposes
a) Applicant will complete the Commemorative Dedication and Names Application and submit to the Community Services Director.
b) Application shall include documentation of contributions of the person being honored c) Application shall include letters of support, articles, and similar documents which demonstrate broad based community support for re-naming d) The Director and staff will review the Commemorative Dedication and Names Application and determine if complies with the City’s Park or Recreation Facility Naming Policy.
11.2.a
Packet Pg. 609 Attachment: 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY (3860 : Rename Gilroy Museum's Research Room
e) If the application is found to be consistent with the City’s policy, it will be forwarded to the Parks and Recreation Commission for their review f) Applications that are determined by the Director to incomplete, without sufficient documentation, or otherwise inconsistent with the City’s policy will be returned to t he applicant with a letter explaining the reasons for rejection. The applicant may resubmit the name request with new or additional information that brings the request into compliance with the City’s policy.
g) The Community Services Director will submit the commemorative re-naming request to the Parks and Recreation Commission for their review. h) The Parks and Recreation Commission will make a recommendation to Council based on their review of the application.
i) The recommended name will be forwarded to the City Council for their review and consideration.
j) All decisions with respect to facility naming will be at the sole discretion of the City Council, which may choose not to grant any naming rights or recognitions for facility or feature of a facility. Approval, modification, or denial of the proposed name is within the sole discretion of the City Council.
11.2.a
Packet Pg. 610 Attachment: 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY (3860 : Rename Gilroy Museum's Research Room
11.2.b
Packet Pg. 611 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
11.2.b
Packet Pg. 612 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
11.2.b
Packet Pg. 613 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
11.2.b
Packet Pg. 614 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
11.2.b
Packet Pg. 615 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
11.2.b
Packet Pg. 616 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
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Packet Pg. 617 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
Guest column by Kat Teraji: Gilroy friends
fondly remember beloved teacher
PreviousNext
Kat Teraji
Local woman wrote de�nitive books on Gilroy history
Published in the February 22 – March 7, 2017 issue of Gilroy Life “Claudia made us feel comfortable, like we belonged, from the �rst moment we were in the youth group. That’s not easy to do with teenagers. She was safe and fun at the same time. Even after high school, she remained someone we could talk to. She would listen and only give advice if it was asked for … she was a steadfast source of support, strength and love for most of our lives.” These words of remembrance came from Katie Long Handelman, who 35 years ago belonged to a church youth fellowship led by Claudia Salewske and her husband Mike. They are part of the many expressions of appreciation that have �ooded in since Claudia died Christmas Day.
In her nearly 40 years as a Gilroy resident and member of the Gilroy United Methodist Church, the love, Wednesday 68 °F Thursday 92 ° / 55 °F
Friday 88 ° / 56 °F
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Guest column by Kat Teraji: Gilroy friends fondly remember beloved t... https://gilroylife.com/2017/02/18/guest-column-kat-teraji-gilroy-friends ... 1 of 4 7/20/2022, 10:22 AM
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Packet Pg. 618 Attachment: Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy Life (3860 : Rename Gilroy Museum's
Photo courtesy Kat Teraji Claudia
Salewske arranges �owers for a
memorial for a friend.
acceptance, and compassion expressed by Claudia reached into every corner of our community — volunteering with the Gilroy Historical Society, visiting the sick and injured, heading a team to feed the homeless, providing school supplies for migrant children. She wrote thousands of notes of support and
encouragement to friends, family, neighbors, colleagues, church members and students.
Fellow member of Gilroy’s historic 119-year-old Freely Received, Freely Given Book and Study Club, Sue Pate Ball recalls: “Claudia was the very best of people. Believe me, if you needed help of any kind, she was there for you. She took care of lots of people.
She would provide food, transportation, a shoulder to cry on, all with a smile and maybe a giggle.”
She often spoke about the joy of working with her partner in the Vision Literacy Program, Valentino Quistian. After one of their lively sessions, she said, “He has so much courage and patience and has made such steady, good progress over the nearly four years we’ve been working together. He’s anxious to progress further, so that made this a very great day.”
Claudia taught English and American literature at Gilroy High School. She also was the California Scholarship Federation advisor. Susan Freiberg, who worked with Claudia at GHS, said: “Claudia’s expertise and passion for writing helped our school create writing across the curriculum for all departments, which had a lasting impact on our graduates.” Janie Gillespie of GHS said: “She made colleagues and students alike just happy to be around her as she treated all like they were the most important person in the room.” Students fondly recall how she corrected everything in green ink, so as not to leave big “red marks” everywhere.
At San Jose State University, she taught English composition, children’s literature and technical writing.
She also supervised student teachers. Believing that history “informs the present and assists in decision- making for the future,” as she put it, Claudia developed the third-grade local history curriculum, which led to her writing in 1982 “Pieces of the Past” and in 2003 “Gilroy,” the de�nitive history of Gilroy, as part of Arcadia Publishing’s series, “Images of America.” Most recently Claudia was invaluable in helping to select the photos for the new downtown historical placards along the Gilroy Historic Paseo.
Her enthusiasm for music led her to collaborate in forming a local women’s singing sextuplet called Guest column by Kat Teraji: Gilroy friends fondly remember beloved t... https://gilroylife.com/2017/02/18/guest-column-kat-teraji-gilroy-friends ... 2 of 4 7/20/2022, 10:22 AM
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Packet Pg. 619 Attachment: Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy Life (3860 : Rename Gilroy Museum's
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“Spirit Sisters.” Her adeptness for interpreting lyrics and contributing sweet harmonies made her an absolute joy for members to sing with.
When her friend Nancy Moncada Blanco was going through one of the most dif�cult times in her life, Claudia wrote an encouraging message to her that Nancy has carried in her purse:
“There’s a beautiful thought from a Persian poet of the 13th century named Nizami, which has helped me get through some rough times in my life. Nizami tells us this: ‘In times of adversity be not without hope…for crystal rain falls from the blackest of clouds.’ To me, the ‘crystal’ is like a prism, and through it the sunlight breaks out of the ‘black clouds’ we sometimes have to deal with in many rainbows. You know of God’s promise to Noah and to all human life that His rainbows will always let us know that he is watching over us. And so He is watching over you, Nancy. Always remember this…and remember too that we all love you and want your happiness.”
Claudia liked to share this favorite quote by Joan Wester Anderson: “We can all be angels to one another.
We can choose to obey the still small stirring within, the little whisper that says, ‘Go. Ask. Reach out. Be an answer to someone’s plea. You have a part to play. Have faith.’” Spirit Sister Cheryl McElroy summed up Claudia’s impact: “We have walked with an angel for a very brief time.”
Kat Teraji wrote this guest column with help from Connie Rogers.
Author Recent Posts
Marty Cheek
Publisher at Gilroy Life
Marty Cheek is the publisher of Morgan Hill Life and Gilroy Life. He is also the co-author with Congressman Jerry McNerney of the book Clean Energy Nation: Freeing America From the Tyranny of Fossil Fuels. Email: [email protected] Phone: (408) 782-7575 Guest column by Kat Teraji: Gilroy friends fondly remember beloved t... https://gilroylife.com/2017/02/18/guest-column-kat-teraji-gilroy-friends ... 3 of 4 7/20/2022, 10:22 AM
11.2.c
Packet Pg. 620 Attachment: Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy Life (3860 : Rename Gilroy Museum's
Proclamation of the City of Gilroy
Whereas, Claudia Kendall Salewske was the author two well-known books about Gilroy history: Gilroy (2003) and Pieces of the Past (1982); and Whereas, Mrs. Salewske developed the third grade local history curriculum for Gilroy Unified School District in the early 1980s that is still being used today; and Whereas, Mrs. Salewske taught English and American literature at Gilroy High School for several years and was the advisor to the California Scholarship Federation. At Gilroy High School her expertise and passion for writing helped the high school create writing across the curriculum in all departments, which had a lasting impact on many graduates; and
Whereas, Mrs. Salewske later taught English composition, children’s literature and technical writing at San Jose State University for several years. There she also supervised student teachers; and
Whereas, for the last seven years Mrs. Salewske was a volunteer at the Gilroy Museum and helped select the photos for the history-themed paseo in downtown Gilroy.
She was a pillar of support to both the Gilroy Historical Society and the Gilroy Museum; and
Whereas, Mrs. Salewske was an exemplary citizen of greater Gilroy for nearly forty years, a friend and inspiring mentor to many, whose friendly gracious manner showed compassion, encouragement and support to all she met.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on behalf of the entire City Council, do hereby wish to recognize
CLAUDIA KENDALL SALEWSKE
for her many contributions and dedicated service to our fine City.
Mayor Roland Velasco
May 15, 2017
11.2.d
Packet Pg. 621 Attachment: Claudia's Proclamation (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance approving a Planned Unit Development Zoning Amendment (Z 21-04) for property
located on Gurries Drive (APN: 790-35-038, 039, & 054)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Cindy McCormick, Customer Service Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adopt the second reading of an ordinance appr oving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04).
ANALYSIS
At the August 1, 2022 Regular Meeting, the City Council considered and introduced an Ordinance approving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790 -35-038, 039, and 054 (file number Z 21-04). The Council motioned to read the Ordinance by title
11.3 Packet Pg. 622
only, waived further reading of the Ordinance, and then introduced the Ordinance (7-0-0 vote). No modifications to the draft Ordinance were proposed by the Council.
Council is now asked to adopt the Ordinance consistent with its August 1, 2022 action.
The Ordinance will take effect thirty (30) days from the date of Council action.
Attachments:
1. Vicinity Map
2. August 1, 2022 Staff Report
3. Proposed Ordinance
11.3 Packet Pg. 623
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Formal Council Position On the Proposed Sargent Ranch Quarry Project in South Santa Clara County Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Sharon Goei, Community Development Director
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Council consider adopting a formal position on the proposed Sargent Ranch Quarry Project in South Santa Clara County.
BACKGROUND
At its meeting on April 4, 2022, the City Council requested that the Draft Environmental Impact Report (Draft EIR, or DEIR) for the Sargent Ranch Quarry Project be agendized so that Council would have an opportunity to comment on the document and potentially take a formal position on the project.
11.4 Packet Pg. 624
Brief Project Description
The Sargent Ranch Quarry Project (Project) is a proposed sand and gravel mining operation that would include construction and operation of ag gregate processing facilities and related infrastructure such as access/maintenance roads and utilities. The purpose of the Project is to develop a feasible source of aggregate in close proximity to the Bay Area to meet regional demand for construction sand.
The Project is located on the Sargent Ranch property, approximately four (4) miles south of the City of Gilroy, and west of Highway 101, in an unincorporated area of southern Santa Clara County. See Attachment 1 for the location map. Mining and processing of the sand and gravel is proposed to take place on approximately 403 acres of the 5,154-acre Sargent Ranch property.
Mining operations would be conducted in four phases over 30 years. Each phase would be reclaimed upon completion of mining activities within that phase. At the end of the Project’s life, final reclamation of the last surface mining phase and the aggregate processing facility would occur. The Project requires the adoption of a Reclamation Plan and the issuance of a Conditional Use Permit from Santa Clara County.
This project does not lie within the jurisdiction of the City of Gilroy.
Draft Environmental Impact Report
Santa Clara County has prepared a Draft Environmental Impact Report to evaluate the Project’s potential for impacts to the environment in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines. On July 22, 2022, Santa Clara County published the DEIR for the Project for public review. The public comment period opens on July 25, 2022 and closes on September 26, 2022. The digital DEIR can be found on the County project website: https://plandev.sccgov.org/policies- programs/smara/sargent. A hard copy is available at the Gilroy Public Library. Public comments submitted to the County by September 26, 2022, will be included and responded to in the Final EIR.
ANALYSIS
The DEIR provides a detailed analysis of the proposed Project’s potentially significant effect on the environment. Under CEQA, a significant effect on the environment is defined as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the Project.
Based on the analysis in the DEIR, the Project wou ld result in significant impacts in the following areas: aesthetics, air quality, biological resources, cultural and tribal cultural resources, geology and soils, paleontological resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, and transportation.
11.4 Packet Pg. 625
Consistent with CEQA and CEQA Guidelines, the DEIR describes feasible mitigation measures to avoid or minimize significant adverse effects of the Project. While the DEIR has identified mitigation measures to eliminate or reduce some of the impacts to a less- than-significant level, other impacts remain significant even with the implementation of mitigation measures and are considered unavoidable adverse impacts of the Project.
Attachment 2 is an excerpt from the DEIR, “Summary of Impacts and Mitigation Measures,” that provides a summary of the environmental impacts, the significance of the impacts, proposed mitigation measures if any, and the significance of the impacts after implementation of the mitigation measures.
Significant and Unavoidable Impacts
Based on the DEIR, the following significant and unavoidable impacts would result from the Project.
1. Aesthetics: The Project would have a significant and unavoidable impact with regards to its effect on existing visual character or quality of public views of the site and its surroundings from U.S. 101, a County-designated scenic highway (Impact 3.2-1). Mitigation Measure 3.2-1 would lessen the severity of these impacts but not below the level of significance.
2. Air Quality: The Project would have a significant and unavoidable impact with regards to its effect on BAAQMD nitrogen oxides (NOx) thresholds and emissions of air pollutants (NOx, ROG, PM2.5, and PM10). Mitigation Measures 3.3-2a and
3.3-2b would reduce NOx thresholds but emissions of NOx would not be reduced below significance thresholds for project-specific or cumulative impacts (Impacts
3.3-1, 3.3-2 and 3.3-5).
3. Biological Resources: The Project would have a significant and unavoidable impact with regards to the Project’s interference with wildlife movement (Impact
3.4-15). Mitigation Measure 3.4-15 would reduce this impact but not below the thresholds of significance.
4. Cultural and Tribal Cultural Resources: The Project would have a significant and unavoidable impact with regards to changes in the significance of tribal cultural resources within the proposed area of development, and the Juristac (Huris-tak) Tribal Cultural Landscape (Impacts 3.5-4,3.5-5, and 3.5-9). Mitigation Measures 3.5-1, 3.5-3b, 3.5-4b and 3.5-5b would reduce the severity of these impacts, but not to a less-than-significant level.
5. Geology, Soils, and Paleontology: The Project would have a significant and unavoidable impact with regards to the Project’s potential to destroy paleontological resources important to Santa Clara County (Impact 3.7 -5).
Mitigation Measure 3.7-5 would not reduce impacts to a level of insignificance.
11.4 Packet Pg. 626
6. Transportation: The Project would have a significant and unavoidable impact with regards to the Project’s generation of additional Vehicle Miles Traveled (VMT), and no feasible mitigation is identified to reduce the impact (Impact 3.13 - 2).
Irreversible Impacts
An irreversible impact is defined by CEQA Guidelines as an impact that uses nonrenewable resources during the initial and continuing phases of the project. Based on the DEIR, buildout of the Project would commit nonrenewable resources during Project construction and ongoing utility services during Project operations. Some oil, gas, other fossil fuels, and nonrenewable resources would be consumed during Project operations and irreversible commitments of small quantities of nonrenewable resources would occur as a result of long-term Project operations. Irreversible extraction and consumption of aggregate material mined from the Project site would also occur as a result of Project operations.
Areas of Concern
The County has identified the primary areas of concerns to include the loss of biological habitat and compensatory mitigation, and the loss of cultural and tribal cultural resources, particularly those of importance to the Amah Mutsun Tribe of Costanoan/Ohlone Indians. Sargent Ranch is an area known as Juristac (Huris-tak) to the Amah Mutsun Tribal Band. Juristac lies at the heart of the ancestral lands o f the Amah Mutsun Tribe and is the location of ceremonial and sacred sites.
Options
The City Council has several options to consider regarding commenting on the DEIR and/or electing to express its position on the Project. Council may take the following action(s):
• Comment, or decline to comment, on the Draft EIR.
• Indicate support or opposition to the Project, and authorize the Mayor, or designee, to submit a letter to Santa Clara County.
• Indicate support or opposition to the Project, and direct staff to prepare a resolution for Council consideration and adoption in September 2022. • Take no action.
For reference, the Cities of Morgan Hill, Santa Cruz, Santa Clara, and Sunnyvale have each adopted a resolution in opposition to the Project. The resolutions ar e included as Attachments 3 through 6.
NEXT STEPS
11.4 Packet Pg. 627
Dependent on Council direction.
PUBLIC OUTREACH
Santa Clara County is the Lead Agency for the Project. Staff of the County’s Department of Planning and Development is conducting the public outreach ef fort. City staff has signed up for public notifications about this project.
Attachments:
1. Attachment 1 - Sargent Ranch Location Map
2. Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures
3. City of Morgan Hill Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space
4. City of Santa Cruz Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space
5. City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space
6. City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space
7. Correspondence - Rogers, Connie
11.4 Packet Pg. 628
11.4.a
Packet Pg. 629 Attachment: Attachment 1 - Sargent Ranch Location Map (3928 : Consideration of Sargent Ranch Quarry Project and DEIR and provide
Summary
Sargent Quarry S-10 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Aesthetics
Impact 3.2-1: The Project would alter the visual
character of the Project site or scenic resources
visible from U.S. 101, a County-designated scenic
highway.
Mitigation Measure 3.2-1: Once constructed, the Applicant shall contour the screening berm to resemble surrounding land features, to the extent possible, and shall plant fast-growing native vegetation. The screening berm shall either be extended around the northern portion of the processing plant, or fencing and vegetation shall be used to further screen views of the processing plant from southbound traffic on U.S. 101.
Native vegetation and/or trees shall be planted around the northern portion of the processing plant to further screen views of the processing plant from viewpoints on southbound U.S. 101 that would not be blocked by the screening berm. The proposed final design for screening shall be reviewed by the County prior to construction in order to ensure that views of the processing plant are screened to the extent possible by a combination of the screening berm, fencing, and vegetation in order to achieve a natural appearance, to the extent possible.
Significant and Unavoidable
Impact 3.2-2: The Project could introduce a new
source of substantial light or glare.
None required. Less than Significant
Impact 3.2-3: The Project would contribute to
cumulative changes in visual character of public
views from U.S. 101, a County-designated scenic
highway.
Mitigation Measure 3.2-3: Implement Mitigation Measure 3.2-1. Significant and Unavoidable Impact 3.2-4: The Project could contribute to
cumulative increases in light and glare.
None required. Less than Significant
Air Quality
Impact 3.3-1: The Project would affect
implementation of the applicable air quality plans.
Mitigation Measure 3.3-1: Implement Mitigation Measures 3.3-2a and 3.3-2b, discussed in greater detail below under Impact 3.3-2.
Significant and Unavoidable
Impact 3.3-2: The Project would emit criteria air
pollutants ozone precursors (NOx and ROG), PM2.5,
and PM10, for which the region is in nonattainment
status.
Mitigation Measure 3.3-2a: The Project Applicant shall require that all off-road mobile equipment and Applicant-owned trucks powered by diesel used during the construction and operation phases of the Project meet USEPA Tier 4 engine standards for NOx (i.e., Tier 4 final). If implementation of this requirement is determined to not be feasible for given piece(s) or model(s) of off-road equipment, the Project Applicant shall substantiate the reason(s) for infeasibility and shall propose equipment with the next most restrictive tier status (e.g., Tier 3, Tier 2) and shall submit the documentation to the County of Santa Clara for review and approval at least 7 days prior to the planned use of the non-Tier 4 equipment.
Mitigation Measure 3.3-2b: The Project Applicant shall develop and implement a comprehensive dust control plan for Project construction and operation and shall submit the plan to the County Department of Planning and Development at least 90 days prior to the start of construction for review and approval.
Designate a person to implement and modify the Dust Control Plan as appropriate. The plan shall include but not be limited to the following elements based on BAAQMD recommended construction mitigation measures, most of which also apply to Project operations:
1. Water all active unpaved vehicle roadways at least twice a day during dry conditions to ensure that roadways are damp enough to suppress dust generation;
Significant and Unavoidable
11.4.b
Packet Pg. 630 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-11 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
2. All haul trucks transporting soil or sand off-site shall be covered;
3. Limit vehicle speeds to 15 miles per hour on all unpaved roadways and off-road areas (e.g., mining pits);
4. Prevent dirt track out on to public roadways by using wheel washers or other washing methods to ensure that tires or tracks on all trucks and equipment leaving the site are cleaned of dirt. The use of dry power sweeping is prohibited;
5. Remove any visible mud or dirt tracked-out onto Old Monterey Road using wet power vacuum street sweepers at least once per day;
6. Water, cover, or treat (with non-toxic soil stabilizers) exposed stockpiles of fine materials;
7. Water and/or treat inactive exposed soil areas including areas exposed within mining pits, to minimize dust generation from wind or other ground disturbances;
8. Apply water misting or spraying to all material transfer points, including export truck loading activities;
9. Post a publicly visible sign with the telephone number and person to contact at the County of Santa Clara regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations;
10. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph;
11. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established;
12. All trucks and equipment, including their tires, shall be washed off prior to leaving the site;
13. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6-to 12-inch compacted layer of wood chips, mulch, or gravel;
14. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than 1 percent; and
15. In the processing areas where vehicles and equipment travel, apply dust suppressant at least once per year in addition to watering and limiting travel speeds to 15 mph. Dust suppressants or gravel would be applied more often if visible dust clouds extending beyond the roadway are noted, or apply gravel to the areas.
Impact 3.3-3: The Project could expose sensitive
receptors to substantial pollutant concentrations.
None required. Less than Significant
11.4.b
Packet Pg. 631 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-12 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.3-4: The Project would not result in
odorous emissions adversely affecting a substantial
number of people.
None required. Less than Significant
Impact 3.3-5: The Project would contribute
nonattainment pollutants (ozone precursors, PM2.5,
and PM10) to cumulative increases in air pollutants.
Mitigation Measure 3.3-5: Implement Mitigation Measures 3.3-2a and 3.3-2b. Significant and Unavoidable Impact 3.3-6: The Project could contribute to
cumulative TAC concentrations.
None required. Less than Significant
Impact 3.3-7: The Project would not combine with
other, cumulative sources of odors in the Project
vicinity adversely affecting a substantial number of
people.
None required. Less than Significant
Biological Resources
Impact 3.4-1: Project activities would result in
adverse effects on special-status plant species.
Mitigation Measure 3.4-1a: The Applicant shall implement the following measures prior to any ground disturbance, vegetation removal, or other activities in natural (i.e., undeveloped) habitat for construction or for the start of mining activities associated with each new mining phase to ensure that impacts to special-status plants as a result of Project activities are avoided or minimized.
1. Preconstruction surveys for special-status plants shall be conducted by a qualified plant ecologist prior to all phases of ground disturbance or construction activity throughout the Project life. A focused survey during the appropriate bloom season for the 10 special-status plant species that could occur shall be conducted in any area of proposed ground disturbance and a surrounding 50- foot buffer area. Surveys must take place no more than four years before ground disturbance in any given area commences. Surveys shall be conducted in a year with near-average or above- average precipitation (i.e., precipitation that is at least 70% of the long-term average for the site, as determined using the 30-year climate normals from the PRISM Climate and Weather System [ https://prism.oregonstate.edu] or a similar source). Alternatively, these surveys may be conducted in a year of below-average precipitation if the target species are documented to be flowering/detectable at nearby reference populations despite the below-average rainfall. If surveys are conducted in a below-average rainfall year and detectability of a species at a reference population cannot be confirmed, then no impacts should occur in suitable habitat for that species until a survey can be conducted in an appropriate year (with adequate rainfall or detectability at a reference population). The purpose of the surveys shall be to assess the presence or absence of the potentially occurring species. If none of the target species are found in the impact area or surrounding 50-foot buffer, then no further mitigation measures shall apply. If any individual special-status plants are found in the impact area or 50-foot buffer, then the Applicant shall implement all of the following additional mitigation measures. • In consultation with a qualified plant ecologist, the Applicant shall redesign the Project to avoid direct and indirect impacts to the species to the extent feasible (e.g., via the establishment of an appropriately sized buffer of at least 50 feet or larger, as determined by a Less than Significant
11.4.b
Packet Pg. 632 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-13 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
qualified plant ecologist based on the avoided species and the type of nearby impacts). If all special-status plant occurrences can be avoided via an adequate buffer (as determined by a qualified plant ecologist), then no further mitigation is necessary. • If a qualified plant ecologist determines that avoidance is not feasible (including determining that the buffers around an occurrence are inadequate to avoid impacts), then the Applicant shall implement the following mitigation measures.
- Prior to initiation of impacts, a qualified plant ecologist will determine the extent of impacts based on the number of individuals impacted and the acreage of habitat occupied by each special-status plant species, based on the results of the preconstruction survey described above and the impact areas. - The Applicant shall provide compensatory mitigation through preservation and management of another, existing on-site or off-site population within Santa Clara County, or in neighboring portions of Santa Cruz, San Benito, or Monterey Counties within 30 miles of the Project area. First priority shall be areas located on Sargent Ranch, if other on-site populations are present. Off-site mitigation shall only be used if on-site mitigation cannot fully compensate for species losses. Habitat occupied by the affected species shall be preserved and managed in perpetuity at a minimum 2:1 mitigation ratio (at least two plants preserved for each plant affected, and also at least two occupied acres preserved for each occupied acre affected), for any impact to Congdon’s tarplant. This 2:1 mitigation ratio is not lower because Congdon’s tarplant is ranked 1B by the CNPS, and such species have declined significantly over the last century and are considered “rare, threatened, or endangered”. However, because no particularly high-quality habitat for Congdon’s tarplant is present in the Project area, a 2:1 mitigation ratio is sufficient to offset Project impacts. For the other nine special- status plant species that may to be impacted by the Project, habitat occupied by the affected species shall be preserved and managed in perpetuity at a minimum 1:1 mitigation ratio (at least one plant preserved for each plant affected, and also at least one occupied acre preserved for each occupied acre affected). This mitigation ratio is not higher than 1:1 because these other nine species have a CRPR of 4; such species are on the CNPS “watch list” because they are of limited distribution, but they are not as scarce or imperiled as CRPR 1B species, and therefore compensatory mitigation at a 1:1 ratio would adequately offset Project impacts to these species. - Alternatively, a contribution to the Santa Clara Valley Habitat Agency, in an amount determined in coordination with the agency, for maintenance of special-status plant species populations within the VHP Covered Area may be considered appropriate mitigation for impacts, if approved by the County Department of Planning and Development. This contribution shall be made prior to the initiation of impacts to special- status plants.
- Areas proposed to be preserved as compensatory mitigation for special-status plant impacts must contain verified extant populations of the CRPR-ranked plants that would be impacted. Mitigation areas shall be managed in perpetuity to encourage persistence
11.4.b
Packet Pg. 633 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-14 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
and even expansion of the preserved target species. Mitigation lands shall not be located on land that is currently publicly owned for resource protection unless substantial enhancement of habitat quality (e.g., removal of invasive plants, correction of over-grazing, introduction of appropriate grazing management) shall be achieved by the mitigation activities. The mitigation habitat shall be of equal or greater habitat quality compared to the impacted areas, as determined by a qualified plant ecologist, in terms of soil features, extent of disturbance, vegetation structure, and dominant species composition, and shall contain at least as many individuals of the species as are impacted by Project activities. The permanent protection and management of mitigation lands shall be ensured by the Applicant through an appropriate mechanism, such as a conservation easement to the County or other qualified entity approved by the County, which could be included in the conservation easement referenced in Mitigation Measure M 3.5-4b.
- If Project-specific compensatory mitigation occurs (instead of a contribution to the Santa Clara Valley Habitat Agency), a Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared by a qualified ecologist and implemented by the Applicant for the mitigation lands. The HMMP shall be prepared by a qualified plant or restoration ecologist. The HMMP shall be approved by the County Department of Planning and Development prior to the start of ground-disturbing activities that would impact special-status plants. The HMMP shall include, at a minimum, all of the following information:
o Summary of impacts on special-status plant species (including individuals and habitat) and the proposed mitigation;
o Description of the location and boundaries of the mitigation site and description of existing site conditions, including documentation of the occurrence of the special- status plant species for which mitigation is being provided; o Description of measures to be undertaken to enhance (e.g., through focused management that may include removal of invasive species in adjacent suitable but currently unoccupied habitat) the mitigation site for the focal special-status species; o Description of measures to transplant individual plants or seeds from the impact area to the mitigation site, if appropriate (which shall be determined by a qualified plant or restoration ecologist depending on the species and circumstances); o Proposed management activities to maintain high-quality habitat conditions for the focal species;
o Description of habitat and species monitoring measures on the mitigation site, including specific, objective final criteria and performance criteria, monitoring methods, data analysis, reporting requirements, monitoring schedule, etc. At a minimum, performance criteria shall include demonstration that any plant population fluctuations over the monitoring period do not indicate a downward trajectory in terms of reduction in numbers and/or occupied area for the preserved
11.4.b
Packet Pg. 634 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-15 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
mitigation population that can be attributed to management (e.g., that are not the result of local weather patterns, as determined by monitoring of a nearby reference population, or other factors unrelated to management);
o Contingency measures for mitigation elements that do not meet performance criteria; and
o Description of adaptive management , indicating how management may be adapted depending on climate change or other changes in site conditions and the process by which adaptive management decisions will be made and implemented, Mitigation Measure 3.4-1b: To minimize the potential for Project activities to result in the introduction and/or spread of invasive plants and Phytophthora (a plant-damaging water mold), the Applicant shall prepare and implement an Invasive Species and Phytophthora Management Plan (ISPMP). The ISPMP shall be approved by the County Department of Planning and Development prior to issuance of a grading permit by the County. The ISPMP shall detail the measures to be implemented to minimize the potential for the introduction and spread of invasive plants and Phytophthora during Project implementation, including during Project construction, operations, and reclamation. At a minimum, the ISPMP shall include a description of the following information:
1. How materials (including vegetation, soil, and construction materials) and construction personnel, vehicles, and equipment will move around the site and between on-site and off-site areas.
2. Measures that will be implemented to minimize the potential for introduction or spread of invasive plants and Phytophthora on equipment, tools, vehicles, and personnel, including (but not limited to) the following:
• Before arrival at the site, equipment, vehicles, and tools will be free of soil including debris on tires, wheel wells, vehicle undercarriages, and other surfaces. A high-pressure washer and/or compressed air may be used to ensure that soil and debris are completely removed. • Vehicles may be cleaned at a commercial vehicle or appropriate truck washing facility.
Vehicles that only travel and park on paved public roads do not require external cleaning.
The interior of vehicles and equipment (cabs, etc.) must be free of mud, soil, gravel, and other debris (vacuumed, swept or washed).
• Vehicle wash stations may be installed at entrances and exits to the site. All wastewater from those stations should be detained so that it does not enter natural waterbodies or areas of unimpacted vegetation.
• Small tools and equipment must be washed to be free of soil or other contamination and sanitized. Wood handles on tools should be sealed with a waterproof coating to make them easier to sanitize. Before sanitizing, remove all soil and organic material (roots, sap, etc.) from the surface. If necessary, use a detergent solution and brush to scrub off surface contaminants. The sanitizing agent may also be used as a cleaning fluid. Screwdrivers or similar implements may be needed to clean soil out of crevices or shoe treads. Brushes and other implements used to help remove soil need to be cleaned and sanitized after use.
11.4.b
Packet Pg. 635 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-16 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• After surface soil and contamination are removed, treat the surface with a sanitizing agent, allowing the appropriate contact time before use or rinsing. If surfaces are clean and dry, wet surfaces thoroughly and allow for the appropriate contact time. If the sanitizer has been used to help clean the surface, use fresh sanitizer to rinse off any dirty solution and again allow the required contact time. If treated surfaces are wetted with water, the sanitizing solution will become diluted. Apply enough sanitizer to completely displace the water film and then allow the required contact time. Sanitizing agents may be applied by using spray bottles and applied to thoroughly wet the surface. Observe all appropriate safety precautions to prevent contact with eyes or skin when using these agents.
• Sanitizing agents may include 70-90% ethyl or isopropyl alcohol (spray to thoroughly wet the surface and allow to air dry before use); freshly diluted bleach solution (0.525% sodium hypochlorite) for a minimum of 1 minute (due to corrosivity, not advised for steel or other materials damaged by bleach); 2000 ppm quaternary ammonium disinfectant for 1 min (or according to manufacturer recommendations), freshly made or tested to ensure target concentrations.
• Soles and uppers of footwear must be free of debris and soil before arriving at the site. Clean and sanitize footwear as described above.
• Before entering the job site, field workers will receive training that includes information on Phytophthora diseases and how to prevent the spread of these and other soil-borne pathogens by following approved phytosanitary procedures. • Do not bring more vehicles into work sites than absolutely necessary. Within the site, keep vehicles on surfaced or graveled roads whenever possible to minimize soil movement.
3. measures to revegetate temporarily impacted areas using appropriate seed mixes that do not contain invasive species and that are free from Phytophthora, shortly following completion of those impacts
4. measures for disposing of cleared vegetation so that Phytophthora on plant roots or invasive plant propagules are not spread to uncontaminated areas
5. measures for transporting and stockpiling soil so that Phytophthora or invasive plant propagules are not spread from contaminated soil (e.g., in runoff)
6. monitoring to ensure that the ISPMP is properly implemented and that infestations of invasive species or Phytophthora are detected before they become widespread or severe
7. methods of addressing any infestations of invasive species, or preventing infestations of Phytophthora from spreading
8. the means by which plant materials used in site restoration, during site reclamation, will be ensured to be free of invasive species and Phytophthora infestation Mitigation Measure 3.4-1c: To minimize impacts on special-status plants and animals, and sensitive habitats, the Applicant shall retain a qualified biologist to conduct an employee education training
11.4.b
Packet Pg. 636 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-17 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
session for employees working on all construction, operations, and reclamation activities, prior to those employees’ work on the Project. This training session can consist of in-person training or preparation of a video or similar presentation. Personnel shall be required to attend the presentation, which shall describe any special-status or sensitive species, and sensitive/regulated habitats, that may be present; avoidance, minimization, and conservation measures; legal protection of these animals; the boundaries of Project work areas; and other related issues, including any relevant conditions from resource agency permits obtained for Project implementation. A fact sheet or other supporting materials containing this information shall be prepared and distributed. Upon completion of training, employees will sign a form stating that they attended the training and understand all the conservation and protection measures.
Biological Resources (cont.)
Impact 3.4-2: Project nitrogen emissions would not
result in adverse effects on habitat for the Bay
checkerspot butterfly and rare serpentine-associated
plants located off-site.
None required. Less than Significant
Impact 3.4-3: Project activities would result in
adverse effects on special-status fish and their
habitat.
Mitigation Measure 3.4-3: The Applicant shall implement the following measures and the “Aquatic Avoidance and Minimization Measures” contained in Table 6-2 of the VHP, during any Project construction activity, and during operational and reclamation activities as appropriate (e.g., equipment storage or refueling, or other activities that could result in spills) to minimize increases of peak discharge of stormwater and to reduce runoff of sediment and pollutants to protect water quality. The following measures to be implemented by the Applicant shall be monitored by the qualified biologist retained by the Applicant as described in Mitigation Measure 3.4-5, who shall be present to monitor construction activities during initial ground disturbance or vegetation clearing in any given area or Project phase.
a. No construction within creeks or riparian habitats shall occur during the wet season (October 15 to April 15, or as otherwise indicated by the conditions of resource agency permits). b. Ground disturbance shall be minimized so that only those phases of the Project and ancillary supporting facilities, including but not limited to road construction, conveyor installation and operation, and plant and rail construction, which are actively being constructed or being mined would be cleared/prepared.
c. The removal of riparian vegetation shall be minimized to the amount necessary to accomplish the required activity and comply with public health and safety directives. Any riparian vegetation to be removed shall be clearly identified on plans submitted to and approved by the County Department of Planning and Development prior to any riparian vegetation removal, along with evidence establishing why removal of such vegetation is necessary. d. Erosion control plans shall be submitted to and approved by the County Department of Planning and Development prior to initiation of ground disturbance and shall include the following:
• Control exposed soil by stabilizing slopes (e.g., with erosion control blankets) and protecting channels (e.g., using silt fences or straw wattles). Appropriate erosion control measures (e.g., fiber rolls, filter fences, vegetative buffer strips) shall be used on-site adjacent to creeks Less than Significant
11.4.b
Packet Pg. 637 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-18 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
or riparian vegetation. Fiber rolls used for erosion control shall be certified as free of noxious weed seed.
• Stockpiled soil shall be stabilized with geotextile or plastic covers. Sediments shall be stored and transported in a manner that minimizes water quality impacts. If soil is stockpiled, no runoff shall be allowed to flow back to the channel.
e. If high levels of groundwater in a work area are encountered and dewatering must occur, the water shall be directed into infiltration basins, holding ponds, or areas with vegetation to remove sediment prior to the water re-entering a creek.
f. Construction and mining waste shall be disposed of in designated areas and stormwater shall be prevented from flowing onto or off of these areas.
g. Personnel shall use the appropriate equipment for the job that minimizes disturbance to the stream bottom. Appropriately tired vehicles, either tracked or wheeled, shall be used depending on the situation.
Impact 3.4-4: Project activities would result in
adverse effects on California red-legged frogs and
their habitat.
Mitigation Measure 3.4-4a: The Applicant shall implement the following avoidance and minimization measures for all ground-disturbing activities throughout the life of the Project, including construction, operations, and reclamation, at access roads, bridges over Tar Creek and Sargent Creek, mining areas, and processing facilities, to minimize impacts on CRLF:
1. A biologist approved by the County and USFWS (hereafter “approved biologist”) shall be onsite during all activities that, in the opinion of the approved biologist and after consultation with USFWS, may result in impacts to individual CRLF. For example, once a work area is surrounded by exclusion fencing (as described below), any CRLF within that exclusion fencing have been relocated (as described below), and the qualified biologist has surveyed the area within the exclusion fencing well enough to determine that no CRLF are present, activities within the exclusion fencing and on other “developed” areas (e.g., roads and the processing plant) may proceed without the need for a biological monitor. The qualifications of the biologist(s) shall be submitted to the County and USFWS for review and written approval at least 15 calendar days prior to the date earthmoving is initiated at the Project site.
2. Prior to the initiation of any other protective measures, an approved biologist shall determine, in consultation with the USFWS, appropriate relocation sites for any adult, juvenile, or larval CRLF that may be observed during preconstruction surveys and monitoring and that need to be relocated. The approved biologist shall also determine, in consultation with the USFWS, how any CRLF showing evidence of poor health (which might indicate disease such as chytrid) should be handled or disposed of, to avoid translocating diseased individuals into habitat supporting healthy amphibians.
3. The Applicant shall install and maintain exclusion fencing around construction and mining zones, to prevent CRLF from moving into these areas. Exclusion fencing shall be at least 3 ft high, and the lower 6 inches of the fence shall be buried in the ground to prevent animals from crawling under. The remaining 2.5 ft shall be left above ground to serve as a barrier for animals moving on the ground surface. The fence shall be pulled taut at each support to prevent folds or snags. The Less than Significant
11.4.b
Packet Pg. 638 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-19 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Applicant shall inspect such fencing regularly (at least weekly) and maintain it in good condition throughout the construction and mining period.
4. The Applicant shall flag or fence construction and mining areas to identify areas where work is permitted to occur, and work activities shall be confined to these areas.
5. An approved biologist shall delineate sensitive habitat areas such as streams, wetlands, and riparian habitats outside the permitted work area with high-visibility flagging or fencing to prevent encroachment of construction and mining personnel and equipment into any sensitive areas during Project work activities. At no time shall equipment or personnel be allowed to enter, disturb, or otherwise adversely affect these sensitive habitat areas without prior written authorization from the County and USFWS.
6. No more than 24 hours prior to initial ground disturbance for each phase of construction or mining activity, an approved biologist shall conduct a preconstruction survey for the CRLF at the Project site.
• The survey shall consist of walking the Project limits and within the Project site to ascertain the possible presence of the species. The approved biologist shall investigate all areas that could be used by the CRLF for feeding, breeding, sheltering, movement, and other essential behaviors. This includes an adequate examination of mammal burrows, such as California ground squirrels or gophers.
• Each encounter with the CRLF shall be treated on a case-by-case basis in coordination with the USFWS, but the general procedure is as follows: (1) the animal shall not be disturbed if it is not in danger; or (2) the animal shall be moved to a secure location if it is in any danger.
These procedures are further described below:
7. When a CRLF is encountered, all activities which could result in the harassment, injury, or death of the individual shall be immediately halted. The approved biologist shall then assess the situation in order to select a course of action that would avoid or minimize adverse effects to the animal. To the maximum extent possible, contact with the frog shall be avoided and the Applicant shall allow it to move out of the hazardous situation to a secure location on its own volition. This procedure applies to situations where a CRLF is encountered while it is moving to another location. It does not apply to animals that are uncovered or otherwise exposed or in areas where there is not sufficient adjacent habitat to support the species should the individual move away from the hazardous location.
8. CRLF that are in danger shall be relocated and released by the approved biologist outside the construction or mining area within the same riparian area or watershed. If relocation of the frog outside the fence is not feasible (i.e., there are too many individuals observed per day), the approved biologist shall relocate the animals to a USFWS preapproved location. Prior to the initial ground disturbance, the Applicant shall obtain approval of the relocation protocol from the Service in the event that a CRLF is encountered and needs to be moved away from the Project site.
9. The approved biologist shall limit the duration of the handling and captivity of the CRLF to the minimum amount of time necessary to complete the task. If the animal must be held in captivity, it
11.4.b
Packet Pg. 639 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-20 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
shall be kept in a cool, dark, moist, aerated environment, such as a clean and disinfected bucket or plastic container with a damp sponge. The container used for holding or transporting the individual shall not contain any standing water.
10. No construction within creeks or riparian habitats shall occur during the wet season (October 15 to April 15, or as otherwise indicated by the conditions of resource agency permits). Outside of creeks and riparian habitats, when ground-disturbing activities in any given location commence between October 15 and April 15, daily monitoring by an approved biologist shall occur for the CRLF until April 16 or until all clearing and grubbing have been completed and the work area is completely surrounded by wildlife exclusion fencing, at which time CRLF would no longer be able to enter the work area.
11. To minimize harassment, injury death, and harm in the form of temporary habitat disturbances, all Project-related vehicle traffic shall be restricted to established roads, construction and mining areas, equipment staging, storage, parking, and stockpile areas. These areas shall be delineated by the Applicant in preconstruction surveys and shall be established in locations disturbed by previous activities whenever feasible unless otherwise approved by the County Planning Department.
12. Project-related vehicles shall observe a 15 mile per hour speed limit within construction and mining areas, except on County roads, and State and Federal highways. Off-road traffic outside of designated and fenced Project work areas shall be prohibited.
13. The Applicant shall ensure bio-swales and bio-filtration are installed at the Project site adjacent to roadways to avoid and minimize sediment loading and point source pollutants.
14. If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh not larger than 5 millimeters to prevent CRLF from entering the pump system.
Water shall be released or pumped downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, any barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate.
15. Uneaten human food and trash attracts crows, ravens, coyotes, and other predators of the CRLF.
A litter control program shall be instituted by the Applicant for construction, operations, and reclamation work. All workers shall ensure their food scraps, paper wrappers, food containers, cans, bottles, and other trash are deposited in covered or closed trash containers. The trash containers shall be removed from the Project area at the end of each working day.
16. No insecticides or herbicides shall be used during construction or operations where there is the potential for these chemical agents to enter creeks, streams, waterbodies, or uplands that contain suitable habitat for the CRLF.
17. No canine or feline pets or firearms (except for federal, state, or local law enforcement officers and security personnel) shall be permitted at the Project site to avoid and minimize harassment, injury, and death of the CRLF.
18. For onsite storage of pipes, conduits and other materials that could provide shelter for CRLF, the Applicant shall use an open-top trailer or some other means to elevate the materials above
11.4.b
Packet Pg. 640 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-21 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
ground. This is intended to reduce the potential for animals to climb into the conduits and other materials.
19. To the maximum extent practicable, no construction activities shall occur during rain events (i.e., when rain hits the ground) or within 24-hours following a rain event. Prior to construction activities resuming after a rain event, an approved biologist shall inspect the action area and all equipment/materials for the presence of CRLF.
20. To the maximum extent practicable, night-time construction shall be minimized or avoided by the Applicant because dusk and dawn are often the times when the CRLF is most actively moving and foraging. Because dusk and dawn are often the times when the CRLF is most actively moving and foraging, to the maximum extent practicable, earthmoving and construction activities will cease no less than 30 minutes before sunset and will not begin again prior to no less than 30 minutes after sunrise.
21. Plastic monofilament netting (erosion control matting), loosely woven netting, or similar material in any form shall not be used at the Project site because CRLF can become entangled and trapped in them. Any such material found on site shall be immediately removed by the approved biologist, construction or mining personnel, or the Applicant. Materials utilizing fixed weaves (strands cannot move), polypropylene, polymer or other synthetic materials shall not be used.
22. Trenches or pits one (1) foot deep or more that are going to be left unfilled for more than forty- eight (48) hours shall be securely covered by the Applicant with boards or other material to prevent the CRLF from falling into them, unless slopes leading out of the pits are suitable to allow CRLF to leave on their own. If this is not possible, the Applicant shall ensure wooden ramps or other structures of suitable surface that provide adequate footing for the CRLF are placed in the trench or pit to allow for their unaided escape. The trench, pit, or hole also shall be examined by the approved biologist each workday morning during construction at least one hour prior to initiation of work and in the late afternoon no more than one hour after work has ceased to ascertain whether any individuals have become trapped. If the escape ramps fail to allow the animal to escape, the approved biologist shall remove and transport it to a safe location or contact the USFWS for guidance.
23. The approved biologist(s) shall permanently remove any aquatic non-native wildlife species, such as bullfrogs and crayfish from the Project site, to the maximum extent possible.
Mitigation Measure 3.4-4b: The Applicant shall implement the following avoidance and minimization measures for certain operational activities:
1. Impacts on the known CRLF breeding pond in the Phase 2 geotechnical setback shall be avoided, if feasible, so that this pond is not lost (i.e., so that the pond is not removed, filled, or drained so that it no longer provides suitable amphibian breeding habitat). If loss of this pond is unavoidable, compensatory mitigation will be provided as described in Mitigation Measure
3.4-4c(3).
2. If mining activity that directly disturbs any pools or ponds within a mining pit, including retention basins, experiences a lull of at least 7 days, an approved biologist shall conduct a survey of the pool, pond, or basin for all life stages of the CRLF before mining in that
11.4.b
Packet Pg. 641 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-22 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
waterbody resumes. Any individuals detected shall be captured (e.g., via dipnet, seine, or other means suitable for the life stage in question) and relocated to the nearest habitat suitable for the life stage in question (e.g., egg masses and larvae shall be moved to other ponds or pools with suitable hydroperiod for successful metamorphosis) by the approved biologist.
3. The Applicant shall install wildlife exclusion fencing around the storage pond within the processing plant to prevent special-status species such as CRLF from entering the pond.
Exclusion fencing shall be at least 3 ft high, and the lower 6 inches of the fence shall be buried in the ground to prevent animals from crawling under. The remaining 2.5 ft shall be left above ground to serve as a barrier for animals moving on the ground surface. The fence shall be pulled taut at each support to prevent folds or snags. Such fencing shall be inspected regularly (at least weekly) and maintained in good condition throughout the period of the plant’s operation.
4. All lighting on the site, including security lighting (remain on throughout the night but shall be turned off if feasible) and lighting used during the plant’s hours of operation, shall be minimized in terms of intensity, height of lights, extent (i.e., dispersion around the processing plant), and spillover into adjacent areas. A detailed lighting plan shall be provided to the County Department of Planning and Development for review and approval as part of the processing plant building permit or any grading permit submittal, whichever occurs first. The lighting plan shall show the fixture locations and specifications. All lighting shall be pointed downward and shielded. A photometric plan shall be included showing the lumens (or other similar measurement) for each fixture at the site. Light spillover outside of the processing plant shall be limited, and no fixtures shall be installed on the east side of the processing plant.
5. Fencing with screening shall be installed around as much of the main plant as possible, as described in Mitigation Measure 3.4-15.2.
Mitigation Measure 3.4-4c: The Applicant shall provide compensatory mitigation for impacts to CRLF habitat as follows:
1. Prior to initiation of impacts, a qualified biologist will determine the extent of impacts on CRLF habitat based on the acreage of all non-developed habitat to be impacted. The pond in the Phase 2 geotechnical setback area and the pond immediately south of Phase 4 that will be altered hydrologically by mining will be considered breeding habitat, and all other non-developed habitat to be impacted will be considered nonbreeding habitat.
2. The Applicant shall provide mitigation to compensate for unavoidable impacts on CRLF nonbreeding habitat (e.g., upland habitat and nonbreeding aquatic habitat) through the preservation, management, and enhancement (e.g., through long-term management targeted toward this species) of high-quality habitat that is already occupied by the CRLF at a ratio of at least 2:1 (mitigation:impact), on an acreage basis, or as determined through the consultation and/or permitting process with USFWS. This 2:1 mitigation ratio is not lower because CRLF appear to regularly use the Project site and breed in or near impact areas, so that a 2:1 mitigation ratio is deemed necessary to offset Project impacts, but it is not higher because Project areas will
11.4.b
Packet Pg. 642 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-23 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
be restored to conditions suitable for CRLF following completion of mining. First priority for compensatory mitigation sites shall be areas located on Sargent Ranch. Off-site mitigation shall only be used if on-site mitigation cannot fully compensate for habitat losses.
3. The Applicant shall provide mitigation to compensate for unavoidable impacts on CRLF breeding habitat, including the pond in the Phase 2 geotechnical setback area (if it will be lost or permanently drained) and the pond immediately south of Phase 4 that will be altered hydrologically by mining, through one or both of the following methods, or equivalent or more effective methods as determined through the consultation and/or permitting process with USFWS:
• the creation of aquatic habitat suitable for CRLF breeding that could support the species at a 2:1 (mitigation:impact) ratio, on an acreage basis.
• the enhancement of degraded aquatic habitat that is unsuitable for use by CRLF, but that is in close proximity to areas of known occurrence and can be made more suitable for use via the eradication of aquatic predators (e.g., bullfrogs and predatory fish) at a 3:1 mitigation ratio, on an acreage basis.
First priority for compensatory mitigation sites shall be areas located on Sargent Ranch. Off- site mitigation shall only be used if on-site mitigation cannot fully compensate for habitat losses.
4. A qualified biologist shall develop an HMMP describing the measures that shall be taken to manage the created/enhanced breeding and upland habitat described above and to monitor the effects of management on the CRLF. The HMMP shall be submitted to the County Department of Planning and Development for review and approval prior to the start of any ground-disturbing activities. The County may retain a qualified biologist at the Applicant’s expense to peer-review the HMMP. The HMMP shall include the following:
• a summary of impacts on CRLF habitat and populations, and the proposed mitigation; • a description of the location and boundaries of the mitigation site and description of existing site conditions;
• a description of measures to be undertaken if necessary, to enhance (e.g., through focused management) the mitigation site for CRLF;
• proposed management activities, such as managed grazing, management of invasive plants, measures targeted at sustaining populations of burrowing mammals, or other measures to maintain high-quality habitat for CRLF;
• a description of species monitoring measures on the mitigation site, including specific, goals and objectives (such as maintaining or increasing abundance of CRLF or maintaining or improving habitat suitability), performance indicators and success criteria (such as presence or abundance of upland refugia or hydroperiod of breeding habitat), monitoring methods (such as sampling of upland refugia or monitoring of the hydroperiod of breeding habitat),
11.4.b
Packet Pg. 643 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-24 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
data analysis, reporting requirements, and monitoring schedule. At a minimum, performance criteria shall include occupation by the CRLF of created aquatic habitat; • a description of the management plan’s adaptive management component, including a description of how management may be adapted depending on climate change or other changes in site conditions and the process by which adaptive management decisions will be made and implemented, as well as contingency measures for mitigation elements that do not meet performance criteria; and
• a description of the funding mechanism for the long-term maintenance and monitoring of the mitigation lands.
Impact 3.4-5: Project activities would result in
adverse effects on California tiger salamanders
(CTS) and their habitat.
Mitigation Measure 3.4-5a: The Applicant shall implement all impact avoidance and minimization measures described in Mitigation Measures 3.4-4a and 3.4-4b for the CRLF to reduce impacts on CTS, and shall consult with CDFW (e.g., for approval of biologists and relocation areas, and for approval conditions in which no take of individual CTS is anticipated to occur within an area and site monitoring by the qualified biologist is no longer necessary) in addition to the County and USFWS for all measures involving CTS.
Mitigation Measure 3.4-5b:
1. Prior to initiation of impacts, a qualified biologist will determine the extent of impacts on CTS habitat based on the acreage of all non-developed habitat to be impacted.
2. The Applicant shall provide mitigation to compensate for unavoidable impacts on CTS nonbreeding habitat (e.g., upland habitat and nonbreeding aquatic habitat) through the preservation, management, and enhancement (e.g., through long-term management targeted toward this species) of high-quality habitat that is already occupied by the CTS at a ratio of at least 1:1 (mitigation:impact), on an acreage basis, or as determined through the consultation and/or permitting process with USFWS and CDFW. This 1:1 mitigation ratio is not lower because CTS are expected to be present on the Project site at least in low numbers, so that a 1:1 mitigation ratio is deemed necessary to offset Project impacts, but it is not higher because surveys have documented that the species is scarce in the Project area (so that effects of the Project on this species’ populations would be low), and Project areas would be restored to conditions suitable for CTS following completion of mining. If CTS are recorded breeding successfully in the stock pond in the Phase 2 geotechnical setback area and that pond is subsequently impacted, or in the pond adjacent to the Phase 4 mining area that will be impacted indirectly as a result of reduction in the pond’s watershed, the Applicant shall provide mitigation for impacts to those breeding habitats at a ratio of at least 1:1, on an acreage basis, or as determined through the consultation and/or permitting process with USFWS and CDFW; mitigation for lost breeding habitat shall consist of creation, preservation, and management of CTS breeding habitat. The same mitigation areas established for CRLF can be used for CTS if both species are documented to be present.
First priority for compensatory mitigation sites shall be areas located on Sargent Ranch. Off-site mitigation shall only be used if on-site mitigation cannot fully compensate for habitat losses.
Less than Significant
11.4.b
Packet Pg. 644 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-25 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
3. The HMMP described for CRLF in Mitigation Measure 3.4-6 will also describe the measures that shall be taken to manage the created/enhanced habitat and to monitor the effects of management on CTS. The HMMP shall be submitted to the County Department of Planning and Development for review and approval prior to the start of ground-disturbing activities. The County may retain a qualified biologist at the Applicant’s expense to peer-review the HMMP. The HMMP shall include the following:
• a summary of impacts on CTS habitat and populations, and the proposed mitigation; • a description of the location and boundaries of the mitigation site and description of existing site conditions;
• a description of measures to be undertaken if necessary to enhance (e.g., through focused management) the mitigation site for CTS, including creation of new breeding habitat (if the Project impacts areas known to have been used for successful breeding by CTS); • proposed management activities, such as managed grazing, management of invasive plants, measures targeted at sustaining populations of burrowing mammals, and other measures to maintain high-quality habitat for CTS;
• a description of species monitoring measures on the mitigation site, including specific, objective goals and objectives (such as maintaining or increasing abundance of CTS or maintaining or improving habitat suitability), performance indicators and success criteria (such as presence or abundance of upland refugia), monitoring methods (such as sampling of upland refugia), data analysis, reporting requirements, and monitoring schedule. At a minimum, performance criteria shall include demonstrated occurrence of CTS on the mitigation site;
• a description of the management plan’s adaptive management component, including a description of how management may be adapted depending on climate change or other changes in site conditions and the process by which adaptive management decisions will be made and implemented, as well as contingency measures for mitigation elements that do not meet performance criteria; and
• a description of the funding mechanism for the long-term maintenance and monitoring of the mitigation lands.
Impact 3.4-6: Project activities would result in
adverse effects on western pond turtles and their
habitat.
Mitigation Measure 3.4-6: The Applicant shall implement all impact avoidance and minimization measures described in Mitigation Measures 3.4-3 for water quality and 3.4-4a and 3.4-4b for the CRLF for the western pond turtle, and CDFW will be consulted (e.g., for approval of biologists and relocation areas) in addition to the County for all measures involving this species.
Less than Significant
Impact 3.4-7: Project activities would result in
adverse effects on burrowing owls and their habitat.
Mitigation Measure 3.4-7: The Applicant shall implement the following measures (based on those contained within Condition 15 of the VHP) prior to groundbreaking activities for each phase of the Project (construction, operations, and reclamation) to ensure that individual burrowing owls are not injured or killed as a result of Project activities.
Less than Significant
11.4.b
Packet Pg. 645 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-26 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Prior to any ground disturbance associated with the Project (including vegetation removal; construction of individual Project components, such as roads, conveyor belts, and mining infrastructure; and ground disturbance associated with the start of mining activities associated with each new mining phase), a qualified biologist retained by the Applicant shall conduct preconstruction surveys in all suitable burrowing owl habitat areas on and within 250 feet of the area in which ground disturbance is proposed. To maximize the likelihood of detecting owls, the preconstruction survey shall last a minimum of three hours. The survey shall begin one hour before sunrise and continue until two hours after sunrise (three hours total) or begin two hours before sunset and continue until one hour after sunset. A minimum of two surveys shall be conducted (if owls are detected on the first survey, a second survey is not needed). Owls observed shall be counted and their location shall be mapped.
Surveys shall conclude no more than two calendar days prior to construction; thus, surveys must begin no less than four days prior to the start of construction, operations, or reclamation activities (two days of surveying plus up to two days between surveys and construction).
To avoid last-minute changes in schedule that may occur if burrowing owls are found, a preliminary survey may be conducted up to 14 days before construction. This preliminary survey may count as the first of the two required surveys, as long as the second survey concludes no more than two calendar days in advance of construction. Should the preconstruction survey determine the presence of burrowing owls on or within 250 feet the site, then the Applicant shall implement the following avoidance measures.
a. Avoidance during the Breeding Season. If evidence of burrowing owls is found during the breeding season (February 1 to August 31), all nesting or roosting sites that could be disturbed by Project construction shall be avoided during the remainder of the breeding season (if owls remain throughout the breeding season) or while the nest (i.e., a burrow occupied during the period February 1 to August 31) is occupied by adults or young (occupation includes individuals or family groups foraging on or near the site following fledging). Although burrowing owls are unlikely to nest on the Project site, there is a remote possibility that nesting may occur. Wintering owls in Santa Clara County often remain past February 1, at which time they cannot be distinguished from breeding birds. As a result, any owl present between February 1 and August 31 will be considered a potential breeder unless and until it leaves the site.
Avoidance shall include establishment of a 250-foot non-disturbance buffer zone around nests.
Construction may occur outside of the 250-foot non-disturbance buffer zone. Construction may occur inside of the 250-foot non-disturbance buffer during the breeding season only if the nest is not disturbed, and a qualified biologist retained by the Project Applicant develops an avoidance, minimization, and monitoring plan that is reviewed and approved by the CDFW prior to Project construction and meets all of the following criteria:
• A qualified biologist monitors the owls for at least 3 days prior to construction to determine baseline nesting and foraging behavior (i.e., behavior without construction). • The same qualified biologist monitors the owls during construction and finds no change in owl nesting and foraging behavior in response to construction activities.
11.4.b
Packet Pg. 646 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-27 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• If there is any change in owl nesting and foraging behavior as a result of construction activities, all disturbance activities shall cease within the 250-foot buffer. Construction shall not resume within the 250-foot buffer until the adults and juveniles from the occupied burrows have moved out of the Project area and 250-foot buffer. • If monitoring indicates that the nest is abandoned prior to the end of the nesting season (as would occur if a wintering owl lingered past February 1 and then eventually migrated to its breeding areas outside the region), and the burrow is no longer in use by owls, the non- disturbance buffer zone may be removed. The qualified biologist will excavate the burrow to ensure that no owls are present and to prevent reoccupation after receiving approval from CDFW.
b. Avoidance during the Non-Breeding Season. During the non-breeding season (September 1 through January 31), a 250-foot non-disturbance buffer shall be established around occupied burrows as determined by a qualified biologist. Construction activities outside of this 250-foot buffer are allowed. Construction activities within the 250-foot buffer are allowed if all of the following criteria are met in order to prevent owls from abandoning important overwintering sites:
• A qualified biologist monitors the owls for at least three days prior to construction to determine baseline foraging behavior (i.e., behavior without construction). • The same qualified biologist monitors the owls during construction and finds no change in owl foraging behavior in response to construction activities. • If there is any change in owl nesting and foraging behavior as a result of construction activities, all disturbance activities shall cease within the 250-foot buffer. • If the owls are gone for at least one week, the Project Applicant may request approval from the CDFW that a qualified biologist excavate usable burrows to prevent owls from re- occupying the site. After all usable burrows are excavated, the buffer zone will be removed and construction may continue. Monitoring must continue as described above for the non- breeding season as long as the burrow remains active.
c. Construction Monitoring. Based on the avoidance, minimization, and monitoring plan developed during construction, all non-disturbance buffer zones shall be established and maintained. A qualified biologist shall monitor the site consistent with the requirements described above to ensure that buffers are enforced and owls are not disturbed. The biological monitor shall also conduct training of construction personnel on the avoidance procedures, buffer zones, and protocols in the event that a burrowing owl flies into an active construction zone or within 250 feet of such zone.
d. Passive Relocation. Passive relocation shall only be allowed, with the approval of CDFW, during the non-breeding season (September 1 through January 31), and may only occur if the burrow needs to be removed or could collapse from construction activities. If passive relocation is allowed by CDFW, a qualified biologist shall passively exclude birds from their burrows during non- breeding season only by installing one-way doors in burrow entrances. These doors shall be in
11.4.b
Packet Pg. 647 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-28 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
place for at least 48 hours to ensure owls have left the burrow, and then the qualified biologist shall excavate the burrow to prevent reoccupation. Burrows shall be excavated using hand tools.
During excavation an escape route shall be maintained at all times. This may include inserting an artificial structure into the burrow to avoid having the overburden collapse into the burrow and trap owls inside.
Impact 3.4-8: Project activities would result in
adverse effects on tricolored blackbirds and their
habitat.
Mitigation Measure 3.4-8a: The Applicant shall implement the following measures (based on those contained within Condition 17 of the VHP) prior to groundbreaking activities for each phase of the Project (construction, operations, and reclamation), to ensure that active tricolored blackbird colonies, including active nests, eggs, and young, are not lost as a result of Project activities.
1. Prior to the initiation of any ground disturbance, vegetation removal, or other activities involving habitat impacts or movement of Project personnel, vehicles, or heavy equipment for construction or for the start of mining activities associated with each new mining phase that occur between March 15 and July 31, a qualified biologist retained by the Applicant shall conduct preconstruction surveys in all suitable tricolored blackbird habitat areas on and within 250 feet of the area in which construction or operational activities are proposed. The survey will be conducted no more than two calendar days prior to the start of the construction or operational activity. To avoid last minute changes in schedule that may occur if an active nest (i.e., a nest that is under construction or contains eggs or young) is found, the Project Applicant may also conduct a preliminary survey more than two calendar days before the start of construction, operations, and reclamation activities.
2. If any emergent vegetation develops in the bottom of an active mining pit (i.e., one that has not yet undergone complete reclamation), and more than one week of inactivity within 250 feet of that emergent vegetation occurs during the breeding season (March 15-July 31), a qualified biologist shall perform a survey for nesting tricolored blackbirds prior to the initiation of any subsequent Project activity within 250 feet of the emergent vegetation.
3. If a tricolored blackbird nesting colony is present, the qualified biologist will map the extent of suitable nesting habitat in which nesting is taking place (this suitable habitat may extend beyond the locations of actual nests). A 250-foot buffer will be applied between the edge of that nesting habitat and Project activities. This buffer may be reduced in areas with dense forest or other habitat features between the construction activities and the active nest colony, or where there is sufficient topographic relief to protect the colony from excessive noise or visual disturbance.
Depending on site characteristics, the sensitivity of the colony, and surrounding land uses, the buffer zone may also be increased beyond 250 feet.
4. If construction or operational activities take place during the breeding season when an active colony is present, a qualified biologist will monitor these activities to ensure that the 250-foot buffer zone is enforced. If monitoring indicates that Project activities outside of the buffer are affecting a breeding colony, the buffer will be increased if space allows (e.g., moving work areas farther away). If space does not allow, the Project activities causing disturbance of the colony will cease until the young have fledged or until the end of the breeding season, whichever occurs first.
The biological monitor will also conduct training of construction personnel on the avoidance Less than Significant
11.4.b
Packet Pg. 648 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-29 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
procedures, buffer zones, and protocols in the event that tricolored blackbirds fly into an active construction zone (i.e., outside the buffer zone).
Mitigation Measure 3.4-8b: If Project construction or operational activities will result in direct impacts (outside the breeding season) on nesting habitat known to have supported nesting tricolored blackbirds within the last five years (as identified in the CNDDB, through contact with local experts, and Project pre-activity surveys in Mitigation Measure 3.4-8a), compensatory mitigation for the loss of nesting habitat shall be provided. Prior to initiation of impacts on that nesting habitat, a qualified biologist will determine the acreage of nesting habitat (habitat used by nesting blackbirds in the previous five years) that will be impacted. Compensatory mitigation will be provided in the form of habitat preservation or creation at a ratio of 1:1 (on an acreage basis) and shall be described within the Project’s HMMP prepared for the CRLF and CTS as described in Mitigation Measures 3.4-4c and 3.4-5b. First priority for compensatory mitigation sites shall be areas located on Sargent Ranch. Off-site mitigation shall only be used if on-site mitigation cannot fully compensate for habitat losses.
Habitat to be preserved or created shall contain at least the same acreage of suitable nesting habitat for the tricolored blackbird as the amount of nesting habitat acreage lost, and the suitability of that habitat for nesting must be verified by a qualified biologist and reviewed and approved by the County Department of Planning and Development. A habitat protection easement ensuring that the use and development of the compensatory mitigation area shall be consistent with this purpose in perpetuity shall be granted by the Applicant to the County or other qualified entity approved by the County.
Impact 3.4-9: Project activities would result in
adverse effects on other special-status and
protected birds and their habitat.
Mitigation Measure 3.4-9: The Applicant shall implement the following measures prior to any ground disturbance, vegetation removal, or other activities involving habitat impacts or movement of Project personnel, vehicles, or heavy equipment for construction, for the start of mining activities associated with each new mining phase, and for the start of reclamation activities to ensure that active nests, eggs, and young of protected birds are not lost as a result of Project activities. a. To the extent feasible, construction, operational, and reclamation activities that involve vegetation removal or ground-breaking, or that occur near wooded or forested habitats likely to support large numbers of nesting birds, shall be initiated during the nonbreeding season for birds (generally September 1 through January 31). If these activities are scheduled to take place outside the nesting season, impacts on active nests of birds protected under the MBTA and California Fish and Game Code will be avoided.
b. Prior to the initiation of any ground disturbance, vegetation removal, or other activities involving habitat impacts or movement of Project personnel, vehicles, or heavy equipment for Project activities that occur between February 1 and August 31, a qualified biologist retained by the Applicant shall conduct preconstruction surveys for nesting birds. The survey will cover the portions of the Project site where construction/operations activities will be initiated as well as a 1- mile buffer for nesting eagles (in the event that eagles may nest in the vicinity during the Project’s lifetime), a 250-foot buffer for other raptors, and a 100-foot buffer for non-raptors (other than tricolored blackbirds, which are addressed in Mitigation Measures 3.4-8a and 8b). During each survey, the qualified biologist will inspect all potential nesting habitats (e.g., trees, shrubs, grasslands, wetlands, and other nesting substrate) within direct impact areas and the aforementioned buffers for active nests (i.e., nests with eggs or young). The survey will be conducted no more than two calendar days prior to the start of the construction or operational Less than Significant
11.4.b
Packet Pg. 649 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-30 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
activity. To avoid last-minute changes in schedule that may occur if an active nest is found, the Project Applicant may also conduct a preliminary survey more than two calendar days before construction.
c. If an active nest is found, a qualified biologist will determine the extent of a disturbance-free buffer zone to be established around the nest to ensure that it is not disturbed during Project implementation. The buffer distance is measured as the straight-line distance between an active nest and the activity. No Project-related activities that could physically disturb the nest, or any new Project-related activities (i.e., activities that were not ongoing when the nest was established) near the nest, will be performed within the buffer until the young have fledged or the nest has been determined to be inactive by a qualified biologist. Standard buffers are typically 100 feet for non- raptors and 250 feet for raptors other than eagles (for which the buffer may be up to 1 mile). A qualified biologist may determine that a reduced buffer is acceptable, taking into account dense vegetation, topography, or structures that will block Project activities from view; the life history and behavior of the bird species in question; and the nature (such as amount of noise, ground disturbance, or activity of personnel and equipment) of the proposed activity. If a reduced buffer is implemented, the qualified biologist will monitor bird behavior during work activities to the degree necessary to determine whether the buffer should be increase.
Impact 3.4-10: Project activities would result in
adverse effects on special-status bats.
Mitigation Measure 3.4-10a: The Applicant shall implement the following measures prior to any ground disturbance, vegetation removal, or other activities involving habitat impacts or movement of Project personnel, vehicles, or heavy equipment for construction or for the start of mining activities associated with each new mining phase to ensure that active pallid bat maternity roosts are not destroyed or disturbed as a result of Project activities.
1. A qualified biologist retained by the Applicant shall conduct a habitat assessment of any riparian or oak woodland within the Project area for high-quality pallid bat roost sites prior to the start of any activities that will result in the removal of trees, use of heavy equipment, or night lighting. The habitat assessment shall include all impact areas plus a surrounding 150-foot buffer. If the habitat assessment concludes that any trees proposed for removal, or within 150 feet of areas where heavy equipment will be operated or night lighting will occur, provide high-quality roosting habitat for pallid bats (e.g., large cavities), the qualified biologist shall conduct a focused emergence survey to determine whether the roost is occupied. The survey shall be performed within 15 days prior to the start of construction or operations activities in a given Project phase. The survey shall include monitoring of suitable cavities at dusk, on a warm, dry evening when bats would emerge, to determine whether bats exit the roosts. Surveys may necessitate multiple qualified biologists and the use of acoustic detection devices to ensure that any pallid bats present are detected. If no pallid bats are detected emerging during the survey, no further measures are necessary. If pallid bats are detected during the survey, the qualified biologist will identify an appropriate buffer to be maintained around the roost during the maternity season (April 1 through July 31). The dimensions of the buffer will be determined based on the nature of the construction or operational activities proposed near the roost tree, the presence of dense vegetation or topography between the Project activities and the roost, and any other relevant factors. No new activities (i.e., activities that were not ongoing when the maternity season began) will occur within the buffer around the roost tree during the maternity season.
Less than Significant
11.4.b
Packet Pg. 650 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-31 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
2. Pallid bat roost sites will be avoided and buffered, even outside the maternity season, if feasible. If it is infeasible to avoid the removal of a roost tree, whenever feasible the tree shall be removed only outside the maternity roost season and during seasonal periods of bat activity, when bats would be best able to find alternative roost sites. Thus, whenever feasible tree removal would occur only August 1 through October 15 or during March. Removal of these trees shall occur under the supervision of a qualified biologist via a two-phased process over two consecutive days.
In the afternoon of the first day, limbs and branches shall be removed by a tree cutter using chainsaws only. Limbs with cavities, crevices, or deep bark fissures shall be avoided, and only branches or limbs without those features shall be removed. This disturbance would cause bats to leave the roost that evening. On the second day, the entire tree shall be removed.
Mitigation Measure 3.4-10b: If a tree (or any other structure) containing a pallid bat maternity roost must be removed as part of the Project, a qualified biologist shall design and determine an appropriate location, on Sargent Ranch, for an alternative roost structure, based on the location of the original roost and habitat conditions in the vicinity. The roost structure shall be built to specifications as determined by a qualified biologist, or it may be purchased from an appropriate vendor, though the design must be approved by a qualified biologist. The structure shall be placed as close to the impacted roost site as feasible, though it will be located far enough from future Project activities so as to avoid disturbance of bats using the roost. The Applicant shall monitor the roost for three years or until occupancy is determined (whichever occurs first) to determine use by bats and submit annual reports verifying monitoring results to the County Department of Planning and Development Department.
Impact 3.4-11: Project activities would result in
adverse effects on mountain lions and their habitat.
Mitigation Measure 3.4-11: The Applicant shall implement Mitigation Measures 3.4-4c, 3.4-5b, and
3.4-15.
Less than Significant
Impact 3.4-12: Project activities would result in
adverse effects on San Francisco dusky-footed
woodrats and their habitat.
Mitigation Measure 3.4-12a: The Applicant shall implement Mitigation Measure 3.4-4b.
Mitigation Measure 3.4-12b: The Applicant shall implement the following measures prior to any ground disturbance, vegetation removal, or other activities in riparian or oak woodland for construction or for the start of mining activities associated with each new mining phase to ensure that impacts to active nests of woodrats as a result of Project activities are minimized.
No more than 15 days prior to initial vegetation removal or ground disturbance within suitable habitat for the San Francisco dusky-footed woodrat, for each phase of construction and mining, a preconstruction survey for woodrat nests shall be conducted by a qualified biologist retained by the Applicant. The survey shall consist of walking through all areas of suitable habitat within the Project work area looking for woodrat nests, both on the ground and in oak trees.
1. All woodrat nests detected within the survey area shall be flagged and mapped.
2. A minimum 10-foot buffer should be maintained between Project construction activities and each nest to avoid disturbance. A smaller buffer may be allowed if, in the opinion of a qualified biologist, removing the nest would be a greater impact than that due to Project activities.
3. If avoidance of active woodrat nests is not feasible (e.g., the nest is in the Project disturbance area) the woodrats shall be evicted from their nests prior to the removal of the nests and onset of ground-disturbing activities to avoid injury or mortality of the woodrats. The eviction of woodrats Less than Significant
11.4.b
Packet Pg. 651 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-32 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
and dismantling of woodrat nests shall begin no earlier than one hour before sunset to allow woodrats to escape under cover of dusk and avoid predators. A qualified biologist shall disturb the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the Project activity area. Subsequently, the nest sticks shall be relocated; these materials will be gathered onto a tarp and then piled at the base of a nearby tree or shrub outside of the activity’s impact area. The spacing between relocated nests shall not be less than 20 feet, if feasible, to avoid over-crowding.
4. If, during dismantling of a woodrat nest, young woodrats are detected, the nest will be left in place.
Qualified biologists will revisit the nest after 3 days to determine whether it is still active, or whether the mother relocated the young to another area. Once the nest is determined to be inactive or the young are large enough to disperse on their own, the nest will be dismantled and the nest materials relocated.
Impact 3.4-13: Project activities would result in
adverse effects on American badgers and their
habitat.
Mitigation Measure 3.4-13: The Applicant shall implement the following measures prior to any ground disturbance, vegetation removal, or other activities in natural (i.e., undeveloped) habitat for construction or for the start of mining and reclamation activities associated with each new mining phase to ensure that injury or mortality of American badgers as a result of Project activities is avoided. a. Preconstruction surveys (occurring prior to all phases of ground disturbance or construction activity throughout the Project life) conducted for burrowing owls shall also be used to determine the presence or absence of badgers within the Project area, as well as within a 300-foot buffer around the Project area. If an active badger den is identified during preconstruction surveys, a construction-free buffer of 300 feet (or an alternate distance determined by a qualified biologist in consultation with CDFW) shall be established around the den if feasible. If a 300-foot buffer is infeasible, then the qualified biologist and CDFW shall determine whether a reduced buffer is preferable to evicting the badger (which would likely be the case for a single badger). b. During the period September 1 through the end of February, when young are unlikely to be present in a burrow, if a badger den is located within the Project footprint, the den shall be excavated by a qualified biologist to cause the badger to leave the area. Because badgers are known to use multiple burrows in a breeding burrow complex, multiple dense may need to be excavated. Ground disturbance can proceed only after all dens within the impact area have been excavated to ensure that no badgers are present below-ground/ c. During the period March 1 through August 31, when young could be present within a burrow, a biological monitor shall be present on the site during Project activities that occur within 500 feet of any known or suspected badger den to ensure the buffer is adequate to avoid direct impacts to individuals or den abandonment. Such monitoring shall occur until it is determined that young are of an independent age such that Project development would not result in harm to individual badgers. Once the biological monitor has determined that young badgers are old enough to leave their natal den or have vacated the site, the burrows can be excavated, and ground disturbance can proceed.
Less than Significant
11.4.b
Packet Pg. 652 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-33 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.4-14: Project activities would result in
substantial adverse effects on jurisdictional
wetlands, other waters, and riparian habitats.
Mitigation Measure 3.4-14a: Prior to issuance of any development permits, the Project Applicant shall compensate for the estimated loss of any jurisdictional wetlands, ponds, creeks, and riparian habitat that would occur over the Project’s permitted term through on-site or off-site restoration, creation, or enhancement of similar or higher-quality habitat, the purchase of mitigation credits, or a combination of these two approaches. A qualified biologist shall determine the extent of impacts based on the acreage of overlap of Project construction and operations/mining areas on wetlands, ponds, and riparian habitat, and the linear footage of creek channel within those Project impact areas. A minimum of a 1:1 (on an acreage basis for wetlands, ponds, and riparian habitat and a linear footage basis for creeks) replacement-to-loss ratio for in-kind habitat (or equivalent or greater as determined in coordination with the USACE, CDFW, and RWQCB during permitting) is required. Enhancement of existing, low-quality habitats (rather than restoration or creation) is acceptable if a substantial increase in ecological functions and values can be achieved, as determined by a qualified biologist in coordination with the USACE, CDFW, and RWQCB.
If mitigation is to be satisfied through purchase of mitigation credits in an agency-approved mitigation bank, such as the Pajaro River Mitigation Bank (for wetlands), proof of the purchase of credits shall be provided to the County Department of Planning and Development prior to the start of ground-disturbing activities. If mitigation is to be satisfied through Project-specific habitat restoration, creation, or enhancement, the mitigation shall be described in an HMMP, which shall be prepared by a qualified biologist retained by the Applicant and submitted to the County Department of Planning and Development for review and approval prior to the start of ground-disturbing activities. At a minimum, the HMMP shall include the following:
• A summary of Project impacts to jurisdictional habitats; • The location of all restoration, creation, or enhancement activities; • Detailed description of all restoration, creation, or enhancement activities; • Evidence of a suitable water budget to support any restored, created, or enhanced aquatic and riparian habitats;
• The species, amount, and location of plants to be installed in the created habitats; • The time of year for planting and the method for supplemental watering during the establishment period;
• Management and maintenance activities, such as weeding of invasive plants, providing for supplemental water, and repair of water delivery systems; • The monitoring period, which shall not be less than five years. • Criteria for mitigation efforts to be deemed a success; at a minimum, success for vegetated wetlands and riparian habitats would include at least seventy-five percent (75%) cover by native vegetation, or seventy-five percent (75%) survival of planted or seeded native riparian vegetation, within the target mitigation acreage by the end of year five; Less than Significant
11.4.b
Packet Pg. 653 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-34 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• Adaptive management procedures that accommodate the uncertainty that comes with restoration projects. These include, but are not limited to, measures to address colonization by invasive species, unexpected lack of water, excessive foraging of installed plants by native wildlife, and variable climatic conditions. This section will also describe the process by which adaptive management decisions will be made and implemented;
• A description of the financial mechanisms for funding of all monitoring activities and ensuring that the created aquatic and riparian habitats shall be preserved and managed in perpetuity.
Mitigation Measure 3.4-14b: The Project Applicant shall compensate for any loss of riparian habitat that occurs along Sargent Creek adjacent to or downstream from Phases 3 and 4 as a result of a reduction in streamflow as a result of mining. A baseline survey shall be conducted prior to initiation of any earth-moving in Phases 3 and 4 to document the areal extent of woody riparian vegetation, including mapping of canopy and native understory vegetation separately, within the entire reach of Sargent Creek downstream from Pits 3 and 4. Mapping of these same parameters shall then be conducted in the year following completion of reclamation in Phases 3 and 4 to determine whether any decline in the overall extent of woody riparian canopy or native understory within this reach has occurred and is caused by the Project. If any decline has occurred and is caused by the Project, compensatory mitigation shall be provided via the restoration, creation, or enhancement of riparian habitat, purchase of mitigation credits, or a combination of these two methods as described in Mitigation Measure 3.4-14a (or as otherwise required to provide equivalent or greater mitigation by regulatory agencies as a condition of Project permits), except that compensatory mitigation for temporary changes in hydrology during mining shall be provided at a minimum ratio of 1.5:1 (mitigation:impact), on the basis of the acreage of decline in canopy or native understory, whichever is greater, that has occurred since the baseline survey. This ratio is higher than the 1:1 replacement ratio specified in Mitigation Measure 3.4-14a due to the temporal loss in riparian habitat functions and values that will have occurred over the 20-30 year period and due to the higher-habitat quality along lower Sargent Creek.
Unless all mitigation is provided via purchase of credits from a mitigation bank, an HMMP describing Project-specific riparian habitat mitigation shall be prepared when the magnitude of the impact is known (i.e., after completion of Phases 3 and 4 mining) and the mitigation location is known. Aside from the mitigation ratio and the timing of preparation of the HMMP, mitigation shall occur exactly as described in Mitigation Measure 3.4-14a.
Impact 3.4-15: Implementation of the Project would
interfere substantially with wildlife movement.
Mitigation Measure 3.4-15: The Applicant shall implement the following measures to reduce the impacts of Project construction, operation, and reclamation on wildlife movement.
1. Fencing in and around the Project site shall be designed and configured to facilitate wildlife movement around areas of intensive Project activity, such as facilitating movement around the processing plant. Areas where fencing shall be designed to facilitate wildlife movement include fencing along the outer edge of the Tar Creek riparian corridor (on both sides of the creek); the eastern site boundary (along the edge of the existing railroad tracks), including the area north of Tar Creek adjacent to the existing residence; the southern boundary of the processing plant area; and areas immediately west and northwest of the processing plant area that would not be occupied by mining activity. Such fencing shall incorporate the following components.
Significant and Unavoidable
11.4.b
Packet Pg. 654 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-35 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
a. Barbed-wire fencing shall consist of no more than five strands. b. To facilitate wildlife crossing over and under fencing (except for fencing around the main plant, which should not be designed for wildlife entry), a gap of at least 20 inches shall be provided between the ground and the bottom wire, board, or rung to allow fawns to pass under the fencing, and the top wire shall be no more than 40 inches high to allow more mature deer to jump over.
c. Where fencing is not necessary for livestock management, a smooth (instead of barbed) wire shall be used for the top and/or bottom strands.
d. At intervals of no more than every 200 feet, a segment of fencing at least 8 feet long with wooden poles instead of a top strand of wire shall be provided to allow animals such as gray foxes, mountain lions, and bobcats to more easily cross over the fencing. e. No new fencing shall be installed along the entrance road or around the bridge over Tar Creek, with the exception of a gate to allow control of vehicle access to the site.
2. Fencing at least 10 feet in height shall be installed around as much of the processing plant as possible (on the north side adjacent to Tar Creek and as much of the east side as is feasible with construction of the rail spur), and screening fabric shall be installed on that fencing to prevent light spillover and block visible signs of physical activity (movement of people and equipment) from view of wildlife outside the processing plant. The fencing details and specifications shall be included in the Wildlife-Compatible Fencing Plan (described above) and reviewed and approved by the County Department of Planning and Development.
3. The bridge over Tar Creek shall be designed to maximize open space where wildlife can cross under the bridge (e.g., spaces between the abutments and top of bank shall be left as open as possible). No new fencing shall be added at or around the bridge. Engineering plans for the Tar Creek bridge shall be provided to the County Department of Planning and Development as part of the processing plant building per or any grading permit submittal, whichever comes first.
4. Along Old Monterey Road between its junction with U.S. 101 and the entrance to the Project site, the Applicant shall install signs shall be placed every ½-mile warning drivers to watch for animals and to observe the speed limit, which shall be no more than 25 miles per hour to minimize vehicle collisions and reduce vehicular noise. Such signage shall also be placed along the conveyor belt access/maintenance road, indicating a speed limit of no more than 15 miles per hour.
5. At intervals of no less than every 1,000 feet, the conveyor shall be elevated so that the bottom of the conveyor belt structure is at least 8 feet clear above the ground to facilitate movement of larger animals under the belt.
Impact 3.4-16: Project activities would conflict with
County ordinances and policies intended to protect
biological resources.
Mitigation Measure 3.4-16a:
1. Prior to removal of any oaks, or any other trees protected under Section Sec. C16-3 of the County’s Tree Preservation and Removal Ordinance, from the Project area, a tree removal plan and arborist report shall be submitted identifying the species type, acreage, diameter, and amount of canopy of oak trees or other protected trees proposed for removal. The report shall also Less than Significant
11.4.b
Packet Pg. 655 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-36 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
designate oak woodland as high-quality or medium-quality for the purposes of establishing the mitigation ratio. The arborist report shall be prepared by an I.S.A. Certified Arborist, Registered Professional Forester, or another professional approved by the County Department of Planning and Development. Reports may be submitted separately for the construction phase and by Project mining phase, prior to the start of tree removal within each phase.
2. The Applicant shall implement both of the following two measures to compensate for the loss of any oak woodland habitat to ensure that it complies with the County of Santa Clara Planning Office Guide to Evaluating Oak Woodlands Impacts.
• Planting Replacement of Oak Trees. New oak trees shall be planted on the Project site to compensate for lost oaks, though the planting of new oak trees shall not fulfill more than fifty percent (50%) of the mitigation requirement for the Project. The objective of tree planting shall be to establish new oak woodland at a ratio of 2:1 or 3:1 based on the condition of the oak woodland habitat: 2:1 replacement is required for medium-quality oak woodland habitat; and 3:1 replacement is required for high-quality oak woodland habitat. The following standard mitigation ratios shall be used, unless a different ratio is approved by the County Department of Planning and Development based on site- specific characteristics associated with the mining phases:
o For the removal of one small tree (5 to 18 inches): two 24-inch boxed trees or three 15-gallon trees.
o For the removal of 1 medium tree (18 to 24 inches): three 24-inch boxed trees or four 15-gallon trees.
o For the removal of a tree larger than 24 inches: four 24-inch boxed trees or five 15- gallon trees.
Tree replacement shall be with like species unless alternate species are approved by the County. A Tree Planting and Maintenance Plan shall be submitted for County review and approval showing species, size, spacing and location of plantings and the location and species of established vegetation. Tree plantings shall be monitored for five years following planting, and a survival rate of seventy-five percent (75%) shall be required.
Should the planted trees fail to meet the established performance and survival criteria, the Project Applicant shall be responsible for additional plantings and management activities necessary to ensure the long-term success of planted mitigation trees. • Conservation Easement. For mitigation of the remaining oak woodlands impacts not mitigated by planting replacement oak trees, existing native oak trees on or off the Project area shall be protected from future development through a conservation easement in perpetuity or fee title dedication to the County or other qualified entity approved by the County, through inclusion in the conservation easement referenced in Mitigation Measure 3.5-4b Oak woodland offered as mitigation must be configured in such a manner as to best preserve the integrity of the oak ecosystem and minimize the
11.4.b
Packet Pg. 656 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-37 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
ratio of edge to area. Priority should be given to conserving oak habitat adjacent to existing woodlands under conservation easements, public lands, or open space lands.
The protection of existing oak woodlands through conservation easements shall mitigate for the loss of oaks at a ratio equal to 2:1 (for medium quality oak woodland habitat) or 3:1 (for high quality oak woodland habitat) as determined by the County of Santa Clara Department of Planning and Development. Land proposed as mitigation, when viewed with adjacent protected conservation land, should not result in conserved parcels of less than one acre.
Mitigation Measure 3.4-16b: The Applicant shall provide mitigation to compensate for impacts to ordinance trees in compliance with Section Sec. C16-7 of the County’s Tree Preservation and Removal Ordinance. Mitigation provided per Mitigation Measure 3.4-16(2) for oak tree replacement will satisfy mitigation requirements for impacts to ordinance-sized oak trees. For other tree species, the Applicant will prepare a replanting and/or re-vegetation plan for all ordinance-sized trees to be removed.
Replacement trees shall be of a like kind and species of tree removed, if native and feasible, or of a kind and species to be determined by the Planning Department. The replacement tree(s) need not be in the same location of the tree removed, but the replacement trees will be planted somewhere on Sargent Ranch. Replacement tree size and ratio shall be as follows:
o For the removal of one small tree (5 to 18 inches): two 24-inch boxed trees or three 15-gallon trees.
o For the removal of 1 medium tree (18 to 24 inches): three 24-inch boxed trees or four 15-gallon trees.
o For the removal of a tree larger than 24 inches: four 24-inch boxed trees or five 15- gallon trees.
Impact 3.4-17: The Project activities could
contribute to the cumulative loss of special-status
plant species.
Mitigation Measure 3.4-17: The Applicant shall implement Mitigation Measures 3.4-1a, b, and c. Less than Significant Impact 3.4-18: The proposed Project could
contribute to cumulative increases in nitrogen
emissions that could result in adverse effects on
habitat for the Bay checkerspot butterfly and rare
serpentine-associated plants located off-site.
None required. Less than Significant
Impact 3.4-19: Project activities could contribute to
a cumulative degradation of habitat for special-
status fish.
Mitigation Measure 3.4-19: The Applicant shall implement Mitigation Measure 3.4-3. Less than Significant Impact 3.4-20: Project activities could contribute to
cumulative harm to protected terrestrial species and
loss of their habitats.
Mitigation Measures 3.4-20: The Applicant shall implement Mitigation Measures 3.4-1c, 3.4-4a through 3.4-4c, 3.4-5a and 3.4-5b, 3.4-6, 3.4-7, 3.4-8a and 3.4-8b, 3.4-9, 3.4-10a and 3.4-10b, 3.4-11,
3.4-12a and 3.4-12b, and 3.4-13.
Less than Significant
11.4.b
Packet Pg. 657 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-38 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.4-21 The Project activities could contribute
to the cumulative loss of jurisdictional wetlands,
other waters, and riparian habitats.
Mitigation Measures 3.4-21: The Applicant shall implement Mitigation Measures 3.4-1c, 3.4-14a and
3.4-14b.
Less than Significant
Impact 3.4-22: The Project activities could
contribute to the cumulative impairment of wildlife
crossings.
Mitigation Measure 3.4-22: The Applicant shall implement Mitigation Measure 3.4-15. Significant and Unavoidable Impact 3.4-23: The Project activities could
contribute to the cumulative loss of oaks and oak
woodlands.
Mitigation Measures 3.4-23: The Applicant shall implement Mitigation Measures 3.4-1b, 3.4-1c, 3.4- 16a, and 3.4-16b.
Less than significant
Cultural and Tribal Resources
Impact 3.5-1: The project would cause a substantial
adverse change in the significance of known
historical or archaeological resources.
Mitigation Measure 3.5-1
a. Resource Avoidance/Protection. Roads used by the Project, such as existing roads that cross identified resources (CA-SCL-577/H and CA-SCL-578/H) during construction, operations, and reclamation. If resources cannot be avoided, but grading shall be capped through use of durable materials to ensure that wear and tear by vehicles of the road surface does not disturb the road bed and damage archaeological deposits, or burials located underneath. No ground disturbance below the existing grade shall occur. In addition, fencing shall be used to prevent vehicles from leaving the access roads where they are adjacent to identified resource sites. The Applicant shall submit archaeological and historic resource protection plans to the County Department of Planning and Development for review and approval prior to any project construction. b. Archaeological Testing Program for Known and Unrecorded Resources. For areas where ground disturbance would occur, the Applicant shall retain a qualified archaeological consultant to prepare an Archaeological Testing Program (ATP) that covers each of the three project phases:
construction, mining, and reclamation. The ATP shall identify the type of archaeological resources that could potentially be disturbed by the proposed Project, the testing method to be used, and the locations recommended for testing based on sensitivity mapping for areas identified as having high to highest sensitivity, as well as and the location of known resources. The purpose of the ATP will be to determine whether archaeological materials are present and evaluate whether the materials constitute an historical resource. The ATP shall focus on areas that are of high to highest sensitivity, as well as those that are in the vicinity of CA-SCL-578/H, and would apply during all phases of the project. Disturbance shall not occur in areas where newly-discovered significant cultural resources are identified; newly-discovered significant cultural resources shall be avoided if feasible, with data recovery only if avoidance is not feasible, consistent with CEQA Guidelines § 15126.4(b).
The Applicant shall submit the draft ATP to the County Department of Planning and Development and to a designated representative of the Amah Mutsun Tribal Band for review. The County and Tribal representative shall have 45 days to review and comment on the draft ATP. The qualified Less than Significant
11.4.b
Packet Pg. 658 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-39 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
archaeological consultant shall then update the draft ATP to incorporate relevant comments and resubmit a final ATP to the County and Tribal representative. Testing shall not begin until the County Department of Planning and Development has approved the final ATP.
Testing shall be conducted by the archaeological consultant and observed by a monitor designated by the Amah Mutsun Tribal Band in accordance with the approved Archaeological Monitoring Program (AMP), as described further in Mitigation Measure 3.4-1c.
At the completion of activities associated with the ATP, the archaeological consultant shall submit a written report of findings to the County of Santa Clara Department of Planning and Development and Tribal representative for review. If, based on the ATP, the archaeological consultant finds that potentially eligible archaeological resources are present, the archaeological consultant shall consult (as part of one in-person meeting or conference call) with the County Department of Planning Development and the Tribal representative to determine if additional measures are warranted during testing. Additional measures that may be undertaken include specialized archaeological testing methods and/or an archaeological data recovery program. c. Archaeological Monitoring Program for Known and Unrecorded Resources. Following completion of the ATP, the Applicant shall prepare and the County Department of Planning and Development shall implement an Archaeological Monitoring Program (AMP) in consultation with the archaeological consultant and the Tribal representative. The AMP shall include the following:
• Prior to any ground-disturbing activities related to the development of the Project throughout the Project life, including access roads, the free-span bridge over Tar Creek, mining areas, and processing facilities, the following shall occur:
i. The County, in consultation with the archaeological consultant and Tribal representative, shall determine what Project activities shall be monitored. ii. All ground-disturbing activities (outside of the low sensitivity areas of Phases 1 and 2), such as demolition, excavation, grading, utilities installation, etc., shall require archaeological and Native American monitoring because of the risk these activities pose to potential buried archaeological resources and to their depositional context. • The Native American monitor shall be designated/approved by the Amah Mutsun Tribal Band to monitor ground-disturbing activities at the Project proponent’s expense. The terms of Native American monitoring shall be determined prior to the onset of monitoring activities, including requirements for prior notice of areas to be disturbed and provisions if a designated monitor is unavailable. The Native American monitor shall be notified at least 30 days prior to onset of construction, and at least 14 days in advance of when and where new ground disturbance will occur. The Native American monitor shall be present at all times that the archaeological monitor is present, unless the Native American monitor determines that his/her presence is not required at a particular location. If the Native American monitor does not arrive or is not present as scheduled, Project work may continue in the monitor’s absence..
11.4.b
Packet Pg. 659 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-40 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• The archaeological monitor and Native American monitor shall advise Project contractors to be alert for evidence of archaeological resources, how to identify archaeological resources, and of appropriate protocol in the event of discovery of an archaeological resource. • The archaeological monitor and Native American monitor shall be present on the Project area according to a schedule agreed upon by the archaeological consultant and County (generally during ground-disturbing activities) until the County has, in consultation with the Project archaeological consultant and Tribal representative, determined that Project construction activities in the particular disturbance area could have no effects on significant archaeological deposits.
• The archaeological monitor shall record and be authorized to collect soil samples and material of archaeological or historical interest as warranted for analysis. • If an intact archaeological deposit is encountered, ground-disturbing activities in the vicinity of the deposit shall cease. The archaeological monitor shall temporarily redirect ground- disturbing activities until the deposit is evaluated. The archaeological consultant shall immediately notify the County Department of Planning and Development of the encountered archaeological deposit. The archaeological consultant shall make a reasonable effort to assess the identity, integrity, and significance of the encountered archaeological deposit, and present the findings of this assessment in a report submitted to the County and Tribal representative. Should archaeological resources with ties to Native Americans be discovered, the archaeological monitor shall immediately notify the County Coordinator of Indian Affairs.
The draft AMP shall be submitted to the County Department of Planning and Development and to a designated representative of the Amah Mutsun Tribal Band for review. The County and Tribal representative shall have two weeks to review and comment on the draft AMP. The qualified archaeological consultant shall then update the draft AMP to incorporate relevant comments and resubmit a final AMP to the County and Tribal representative. Testing shall not begin until the County has approved the final AMP.
d. Archaeological Data Recovery Program for Known and Unrecorded Resources If an eligible archaeological resource is determined to be present as part of the ATP or AMP, then the Applicant shall implement an archaeological data recovery plan (ADRP) to be prepared by the Applicant. The archaeological consultant, County Department of Planning and Development staff, and Amah Mutsun Tribal Band representative shall consult (as part of one conference call or in- person meeting) on the scope of the ADRP prior to preparation of a draft ADRP.
The ADRP shall be consistent with the requirements of CEQA Guidelines Section 15126.4(b)(3). It shall identify how the proposed data recovery program will preserve the relevant information the archaeological resource contains, identify what scientific/historical research questions are applicable to the resource, what data classes the resource possesses, and how the data classes would address applicable research questions. Destructive data recovery methods shall not be applied to portions of the archaeological resources if nondestructive methods are practical. The scope of the ADRP shall also include the following elements:
11.4.b
Packet Pg. 660 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-41 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• Descriptions of proposed field strategies, procedures, and operations; • Additional measures that should be undertaken if Native American resources are unearthed; • Description of selected cataloguing system and artifact analysis procedures; • Description of and rationale for field and post-field discard and deaccession policies; • Consideration of an off-site public interpretive program during the course of the ADRP; • Recommended security measures to protect the archaeological resource from vandalism, looting, and non-intentionally damaging activities;
• Description of proposed final report format and distribution of results; and • Description of the procedures and recommendations for the curation of any recovered data having potential research value, identification of appropriate curation facilities, and a summary of the accession policies of the curation facilities.
The draft ADRP shall be submitted to a designated representative of the Amah Mutsun Tribal Band and to the County Department of Planning and Development for review. The Tribal representative and County shall have two weeks to review and comment on the draft ADRP. The qualified archaeological consultant shall then update the draft ADRP to incorporate relevant comments and resubmit a final ADRP to the County and Tribal representative. Data recovery shall not begin until the County has approved the final ADRP. e. Final Archaeological Resources Report for Known and Unrecorded Resources. The Applicant shall retain the services of the archaeological consultant, who shall submit a Draft Final Archaeological Resources Report (FARR) to the County Department of Planning and Development describing the historical significance of discovered archaeological resources and describing the archaeological and historical research methods employed in the archaeological testing/monitoring/data recovery programs undertaken. Information that may put at risk (such as resource locations) any archaeological resource shall be provided in a separate removable insert within the final report. Once approved by the County, copies of the FARR (including any formal site recordation forms and/or documentation for nomination to the National Register of Historic Places and California Register of Historic Resources) shall be distributed to the California Archaeological Site Survey Northwest Information Center, County of Santa Clara Department of Planning and Development, and Tribal representative.
Impact 3.5-2: Implementation of the proposed
Project could damage unrecorded subsurface
prehistoric and historic archaeological resources.
Mitigation Measure 3.5-2: Implement Mitigation Measure 3.5-1. Less than Significant
11.4.b
Packet Pg. 661 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-42 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.5-3: The Project could disturb any human
remains, including those interred outside of
dedicated cemeteries.
Mitigation Measure 3.5-3a: Implement Mitigation Measures 3.5-1.
Mitigation Measure 3.5-3b: In the event that human remains are discovered during ground-disturbing activities and/or grading at the site, the Applicant shall stop all activity within a 50-foot radius of the find.
The County Coroner shall be notified immediately and shall make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is necessary (as required by Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, Title 14 California Code of Regulations Section 15064.5(e), and County Ordinance Number B6-18). If the remains are determined to be Native American, the Coroner shall notify the NAHC within 24 hours of this determination. Once the NAHC identifies the most likely descendants, the descendants shall make recommendations regarding proper burial (including the treatment of grave goods). No further disturbance of the site shall be made except as authorized by the County Coordinator of Indian Affairs and NAHC in accordance with the provisions of state law and the County Ordinance.
Less than Significant
Impact 3.5-4: The Project would cause a substantial
adverse change in the significance of tribal cultural
resources.
Mitigation Measure 3.5-4a: Implement Mitigation Measures 3.5-1 and 3.5-3b.
Mitigation Measure 3.5-4b: To partially offset and compensate for impacts to the three specific TCRs, and to compensate for the loss and disturbance of those portions of the physical landscape of the JTCL that are within the Project site, the property owner/applicant shall record a conservation easement in accordance with Civil Code section 815 et seq. The conservation easement shall be conveyed by the property owner/applicant to any entity identified in Civil Code section 815.3, and verified by the County prior to any ground disturbance. The conservation easement shall include a minimum two acres for every one acre disturbed by the Project (total disturbed acreage of the Project is 403.3 acres), and shall include the Project site itself upon completion of reclamation. In addition, the conservation easement shall include an area outside the Project site of comparable size to the acreage disturbed by the Project. The boundaries of the offsite easement shall be determined by the County in consultation with the Amah Mutsun Tribal Band, and shall include areas and/or resources that are of particular important in their contribution to the JTCL, such as identified tribal cultural resources, riparian areas and /or specific oak trees.
The conservation easement shall prohibit all uses and development that are not already legally occurring prior to Project approval, except for environmental restoration activities, including biological resource compensatory mitigation measures identified in this EIR and restoration of the JTCL, which may be allowed with the appropriate governmental approval and permits. Consistent with Public Resources Code section 21084.3(b)(3), this mitigation measure will ensure the land within the conservation easement is substantially preserved and/or restored in its current natural state, thereby preventing development or disturbance from new uses that could adversely affect the JTCL.
Significant and Unavoidable
Impact 3.5-5: The Project would cause a substantial
adverse change in the significance of the Juristac
Tribal Cultural Landscape.
Mitigation Measure 3.5-5a: Implement Mitigation Measures 3.5-1, 3.5-3b and 3.5-4b. Significant and Unavoidable
11.4.b
Packet Pg. 662 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-43 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Mitigation Measure 3.5-5b: Prior to commencement of any vegetation removal or ground disturbance, the Project Applicant shall prepare and submit, to the satisfaction of the Director of Planning, or Director’s designee, evidence that the following actions have been satisfied:
i. After seeking consultation with the Amah Mutsun Tribal Band (AMTB), refine the plant list provided in Appendix F of Gathering Voices Past and Present (2021) to identify those plants that contribute to the significance of the JTCL as a Tribal Cultural Resource, and that could be present within the Project site.
ii. Prepare a survey of the Project site to identify the plant species identified in the plant list. iii. Determine the extent of Project impacts based on the number of individuals impacted and the acreage of habitat occupied by each plant species on the plant list. The survey shall be conducted by a qualified plant biologist.
iv. Plant species:
(a) For species on the plant species that are also federal or state-listed special-status plant species, implement Mitigation Measure 3.4-1, which requires compensatory mitigation for the loss of special- status plants.
(b) For species on the plant list that are not federal or state-listed special-status, compensatory mitigation shall be provided by preservation and management of another, existing on-site or off-site population within the JTCL boundary. Habitat occupied by the affected species shall be preserved and managed in perpetuity at a minimum 1:1 mitigation ratio (at least one plant preserved for each plant affected, and also at least one occupied acre preserved for each occupied acre affected for the affected plant species).
v. In addition to 1:1 preservation as described in 3.5-5b.iv, the restoration area shall be enhanced by transplanting individual plants or seeds from the Project site as appropriate. vi. Plant species in the preservation areas shall be monitored using specific, objective final criteria and performance criteria, monitoring methods, data analysis, reporting requirements, and monitoring schedule. At a minimum, performance criteria shall include demonstration that any plant population fluctuations over the monitoring period do not indicate a downward trajectory in terms of reduction in numbers and/or occupied area for the preserved mitigation population that can be attributed to management (i.e., that are not the result of local weather patterns, as determined by monitoring of a nearby reference population, or other factors unrelated to management).
Impact 3.5-6: The Project could contribute to
cumulative adverse changes in known historical or
archaeological resources.
Mitigation Measure 3.5-6: Implement Mitigation Measure 3.5-1. Less than Significant Impact 3.5-7: The Project could contribute to
cumulative adverse changes in unrecorded
subsurface prehistoric and historic archaeological
resources
Mitigation Measure 3.5-7: Implement Mitigation Measure 3.5-1. Less than Significant
11.4.b
Packet Pg. 663 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-44 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.5-8: The Project could contribute to
cumulative disturbance of human remains, including
those interred outside of dedicated cemeteries.
Mitigation Measure 3.5-8: Implement Mitigation Measures 3.5-1 and 3.5-3b. Less than Significant Impact 3.5-9: The Project could contribute to
cumulative adverse changes in the significance of
tribal cultural resources.
Mitigation Measure 3.5-9: Implement Mitigation Measures 3.5-1 and 3.5-3b, 3.5-4b and 3.5-5b. Significant and Unavoidable Energy
Impact 3.6-1: Construction, operation and
maintenance, and reclamation of the Project would
increase the use of energy resources, but would not
result in significant wasteful, inefficient, or
unnecessary consumption of energy.
None required. Less than Significant
Impact 3.6-2: Construction, operation and
maintenance, and reclamation of the Project could
conflict with or obstruct a state or local plan for
renewable energy or energy efficiency.
None required. Less than Significant
Impact 3.6-3: The Project could contribute to
cumulative increases in the energy use.
None required. Less than Significant
Geology, Soils, and Paleontological Resources
Impact 3.7-1: Seismic hazards could cause adverse
effects including the risk of loss, injury, or death
during a seismic event.
None required. Less than Significant
Impact 3.7-2: Excavation of quarry pits and
reclamation would increase the potential for slope
instability and slope failure.
Mitigation Measure 3.7-2a: This mitigation measure applies to the mining pits during mining and reclamation. Throughout the mining operation and reclamation slope grading, the Applicant shall retain a licensed geotechnical engineer to inspect the mining area and monitor construction of the quarry cut slopes twice annually and each time a new 30-foot bench has been excavated. Upon completion of each inspection, the geotechnical engineer shall submit a report to the County and Applicant detailing observations of subsurface conditions, descriptions of potential in-slope failure mechanism (i.e., failure planes, faults, jointing, existing failure planes, and groundwater seepage) or any other concerns regarding the stability of the cut slopes. The geotechnical engineer shall prescribe remedial actions that shall be implemented by the Applicant. Remedial actions could include adjustments to proposed slope configurations (i.e., decreasing slope angle or attitude), additional groundwater seepage management, removal of failure-prone materials, and/or performing additional data collection and slope stability monitoring. After the report has been reviewed and approved by the County Department of Planning and Development, the Applicant shall implement the remedial actions in compliance with a timeline established by the County.
Less than Significant
11.4.b
Packet Pg. 664 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-45 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Mitigation Measure 3.7-2b: This mitigation measure applies to the mining pits during mining. During quarry operation, the Applicant shall implement a combination of the following measures to ensure slope stability:
• Localized layback, earth buttresses, and/or stabilization fills of individual slopes to accommodate for unfavorable bedding. This measure would be required when bedding is observed to be oriented and inclined and/or daylights toward the mining pit. This condition could indicate inherent instability in the slope.
• Remedial grading to remove in-place clayey topsoil/colluvium below the proposed stockpiles. This measure would remove potentially unstable or weak topsoil and loose colluvium from the base of the stockpile to ensure the stockpile is founded on competent material, reducing the likelihood of failure.
• Waste pile buttress fills or backfill to contain or mitigate surficial and/or minor translational failures.
This measure would be implemented when beds are observed to be oriented and inclined and/or daylight toward the mining pit and appear to have the potential to fail. • For groundwater seepage, dewatering by horizontal drains, deep cutoff trenches, or gabion buttresses. Removal of groundwater would be necessary to reduce failure potential in a slope.
Groundwater increases the potential of failure by adding weight to the slope and reducing the friction forces in soils and rock.
Observation and inspection during excavation of the quarry pits by a California Certified Engineering Geologist retained by the Applicant shall occur at a minimum of twice per year or any time that mining operations encounter conditions that vary significantly from conditions described in the Project’s geotechnical slope stability report, for the term that the quarry is operational. The Engineering Geologist shall submit a report for review and approval to the County of Santa Clara Department of Planning and Development recommending any additional operational measures deemed necessary to ensure slope stability.
Mitigation Measure 3.7-2c: This mitigation measure applies to the mining pits during reclamation.
Prior to reclamation slope grading, the Applicant shall develop proposed final slope configurations that address and improve the factors of safety (FS) that are less than 1.0 under seismic loading conditions.
The Applicant shall demonstrate in its analysis, that a pseudo static FS of 1.0 or greater will be achieved by mitigation strategies such as placement of soil buttresses at the toe of slopes vulnerable to failure under seismic loading. In conjunction with Mitigation Measures 3.7-2a and 3.7 2b, the analysis and mitigation strategies prescribed by the measure would provide the supplemental information needed to demonstrate compliance with SMARA at reclamation.
Impact 3.7-3: Activities associated with
construction, mining and reclamation could result in
accelerated erosion and loss of topsoil.
None required. Less than Significant
11.4.b
Packet Pg. 665 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-46 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.7-4: The site soils would not be
incompatible with the proposed On-Site Wastewater
Treatment System (OWTS).
None required. Less than Significant
Impact 3.7-5: Project excavation and grading could
adversely affect paleontological resources.
Mitigation Measure 3.7-5: This measure applies to construction of the Phase 3 and 4 conveyor belt and access road within areas mapped as Etchegoin Formation (Te) with a PFYC of 4 (high), as well as to all ground-disturbing activities (whether considered construction or operation) within the mining pits (Phases 1 through 4) and geotechnical setback areas.
The Applicant shall retain a qualified paleontologist meeting Society of Vertebrate Paleontology (SVP) standards to oversee the preparation of a paleontological resources monitoring plan (PRMP). The PRMP shall be prepared prior to the start of construction and mining activities, reviewed and approved by the County Department of Planning and Development, and implemented by a qualified paleontologist. The PRMP shall provide guidance for paleontological field surveys, fossil sampling, spot checking/monitoring, reporting, curation, and on-call response to fossil discoveries that occur for the duration of the Project construction and operation. The PRMP shall detail the following components:
a) Worker Training. The qualified paleontologist shall prepare and implement a worker training program to inform construction and mining personnel of the possibility for fossil discoveries. The training program shall provide an overview of the paleontological sensitivity of the site and the potential to uncover fossil remains. The training program shall instruct personnel to immediately inform their supervisor if any bones, teeth, or other substantial fossil remains are unearthed. In such a case, workers shall immediately cease activity within a 50-foot radius of the discovery site until a qualified paleontologist can examine and evaluate the find per item (b) below. Work may not resume in the discovery area until it has been authorized by the County. The training shall be provided to new personnel prior to beginning work on the site and such trainings should be coordinated with the site manager and should coincide with spot checking/sampling visits.
Verification of training will be provided as an appendix to the annual report submitted to the County Department of Planning and Development described in item (f). b) Evaluation and Salvage of Fossils. If any bones, teeth, or other fossil remains are unearthed in the course of ground disturbance, work will cease as directed in item (a) and a qualified paleontologist will examine and evaluate the find. In the event that the qualified paleontologist deems the fossil significant according to SVP Guidelines (2010) and recommends it for curation, the qualified paleontologist shall propose salvage measures in consultation with the Applicant, and the salvage measures shall be reviewed and approved by the County Department of Planning and Development and shall be carried out by or under the direct supervision of the qualified paleontologist. Curation shall follow the process directed in item (e). c) Paleontological Survey. At least 30 days prior to the start of surface disturbance in any new portion of the Project site that is not low potential (e.g., at the beginning of the Project construction period, when construction on the Phase 3 and 4 access road and conveyor belt begins, or when excavation of a new mining phase begins), a paleontological survey shall be conducted by a qualified paleontologist for the area to be disturbed to allow for in situ documentation and collection of surficial fossils. Following each survey, a paleontological survey memorandum shall Less than significant for construction;
significant and unavoidable for
operation.
11.4.b
Packet Pg. 666 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-47 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
be prepared. The first survey memorandum prior to the start of construction shall be submitted immediately upon completion to the County Department of Planning and Development.
Subsequent surveys during the life of the Project can be compiled and submitted as part of the annual paleontological mitigation report described in item (f). d) Spot Checks During Mining. A qualified paleontologist shall conduct periodic spot checks (at least six times per year) for the duration of mining activities that impact native Etchegoin Formation (Te), unnamed claystone (Tn), and Pleistocene older alluvium (Qoa). This includes all of Phases 1 through 4. The qualified paleontologist shall check for the presence of any recently uncovered macrofossils or layers that should be sampled for microfossils. The need for, frequency, and timing of the spot checks shall be outlined in the PRMP, and during implementation the actual need, frequency, and timing shall be based on the PRMP and coordinated with the Applicant based on real-time excavation activities and locations. The frequency of spot-checking efforts in a given portion of the quarry area may be reduced at the recommendation of the qualified paleontologist with approval from the County Department of Planning and Development if it is determined that only previously disturbed, imported, or Holocene-age alluvial sediments are being impacted, or if sediments are deemed to be non- conducive to fossil preservation. Dates and results of spot checks shall be recorded and reported as described in item (f).
e) Sample Identification and Curation. The qualified paleontologist shall ensure that all fossils and bulk matrix samples collected at the Project site during work stoppages (if resources are found during ground disturbance), paleontological surveys, or spot checks are removed to a secure paleontological laboratory within 30 days of collection from the field for preparation to the point of identification and curation in accordance with SVP Guidelines (2010). All data, including the results of the analysis and research on the fossil collection, shall be compiled along with the fossil specimen inventory and detailed paleontological locality forms, maps, and photos for inclusion in the annual paleontological mitigation report described in item (f). f) Annual Reporting. The annual paleontological mitigation report shall be submitted to the County Department of Planning and Development and, if fossils are discovered, to the University of California Museum of Paleontology (or other equivalent fossil repository). The annual paleontological mitigation report shall also include dates of field work, results of spot checking, survey and sampling, fossil analyses, significance evaluation, conclusions and future recommendations, locality forms, and an itemized list of specimens. Detailed survey reports and verification of new mining personnel paleontology trainings shall be included as appendices. The PRMP shall identify an annual due date for the report.
Impact 3.7-6: The Project would contribute to the
cumulative loss of paleontological resources.
Mitigation Measure 3.7-6: Implement Mitigation Measure 3.7-5 (requiring worker training, surveys, spot checks, curation, and annual reporting).
Significant and Unavoidable
11.4.b
Packet Pg. 667 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-48 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Greenhouse Gas Emissions
Impact 3.8-1: The Project would generate
greenhouse gas emissions directly and indirectly,
contributing to global climate change.
Mitigation Measure 3.8-1a: Prior to the commencement of the construction activities, the Applicant shall purchase offset credits in the amount of 7,408 metric tons CO2e. This amount represents amortized construction emissions plus estimated first year operational emissions. The Applicant shall provide verification to the County that carbon offset credits have been purchased.
The Applicant shall prioritize offsets within Santa Clara County, BAAQMD boundaries, the rest of California, and from other states with offset laws at least as strict as California’s, in order of preference.
The carbon offset credits shall be real, permanent, quantifiable, verifiable, additional, and enforceable, as defined by 17 CCR 95802. Offset protocols must also be consistent with CARB requirements under 17 CR 95972. Carbon offsets must meet these requirements and be purchased from offset programs verified by a recognized third-party registry such as the American Carbon Registry, Verra, or Climate Action Reserve. For each subsequent year of Project operations, the Applicant shall choose one of the following options.
1. Option 1: The Applicant shall continue to make the offset payment each subsequent year in the complete amount of 7,408 metric tons CO2e.
2. Option 2: The Applicant shall purchase offset credits in the amount of 7,408 metric tons CO2e minus the difference between 7,408 metric tons and the actual CO2e emissions that the project generated in the prior year. Based on actual Project construction and/or subsequent year operational activities that resulted in GHG emissions, the Applicant shall calculate annual GHG emissions, including consideration of any measures that have been taken to reduce project GHG emissions, and provide emissions estimates to the County for review and approval. Within 60 days of County approval of the estimated emissions, the Applicant shall provide verification to the County that carbon offset credits have been purchased for the amount identified by the County- approved emissions estimates.
Mitigation Measure 3.8-1b: For construction and operational off-road equipment, the Applicant shall replace diesel and gasoline-powered vehicles with electric or other low or zero-GHG emissions equipment as feasible, based on availability of the technology and whether the cost would be prohibitive. In addition, biodiesel or renewable diesel shall replace traditional petroleum-based diesel to fuel off-road equipment where feasible, based on availability of the technology and whether the cost would be prohibitive. Any resulting changes to the Project fleet or fuel type shall be reflected in the calculations of GHG emissions for Option #2 of Mitigation Measure 3.8-1a. Prior to the commencement of construction activities, and every five years afterward, the Applicant shall provide the County with a report for County review and approval describing the feasibility of using low carbon-emitting equipment and fuels for the Project.
Mitigation Measure 3.8-1c: If and when electric haul trucks are used for product hauling associated with the Project, the Applicant shall install conduit and EV charging stations at locations where trucks will be parked or idling. The Applicant shall notify the County when installation of conduit and EV charging stations is completed, following which the County shall verify installation. Any resulting changes to the Project fleet shall be reflected in the calculations of GHG emissions for Options #2 in Mitigation Measure
3.8-1a. This mitigation measure will also reduce future NOx emissions from trips to the site.
Less than Significant
11.4.b
Packet Pg. 668 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-49 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.8-2: The Project could conflict with an
applicable plan, policy, or regulation adopted for the
purpose of reducing the emissions of GHGs.
Mitigation Measure 3.8-2: Implement Mitigation Measures 3.8-1a through 3.8-1c. Less than Significant Hazards and Hazardous Materials
Impact 3.9-1: The Project would routinely transport,
use, and disposal of hazardous materials, which
could pose a risk to human health and/or the
environment.
None required. Less than Significant
Hazards and Hazardous Materials (cont.)
Impact 3.9-2: The Project could create a hazard to
the public or the environment through accidental
release of existing soil contaminants, such as
historic pesticide residues, into the environment.
Mitigation Measure 3.9-2: The Project Applicant shall analyze and remove suspected residual pesticides in corral on-site soils. This measure applies to construction and mining and applies only to the corral area soils identified in the Phase I Environmental Site Assessment. Specifically, the Applicant shall implement the following:
a) Prior to issuance of a grading permit or any soil-disturbing activities, including placement of overburden material, within the corral area (shown on Figure 3 in Appendix H), the Project Applicant shall have soil samples collected and analyzed by a qualified environmental professional to determine if residual pesticides are present in on-site soils within the corral area. If residual pesticides are detected at levels that exceed regulatory thresholds, the geographical and vertical extent of contamination shall be identified, and recommendations for a Health and Safety Plan and methods for cleanup shall be implemented, as applicable. This work shall be performed under the oversight of the County’s Site Cleanup Program (SCP) within the Department of Environmental Health (DEH) Site Mitigation Programs (County of Santa Clara 2021b) with copies of all documentation provided to the County Department of Planning and Development. b) If residual pesticides are present at the corral site, then the Applicant shall have soils containing pesticides removed from the site and characterized and disposed of according to the California Hazardous Waste Regulations. Contaminated soil that exceeds regulatory thresholds shall be handled by trained personnel using appropriate personal protective equipment (PPE) and engineering and dust controls, in accordance with local, state, and federal laws, such as those enforced by Cal/OSHA and the Bay Area Air Quality Management District (BAAQMD). Any contaminated soils that are removed from the site shall be disposed of at a licensed hazardous materials disposal site.
Less than Significant
Impact 3.9-3: The Project would contribute to the
cumulative increases in the risk of exposure to
hazardous materials.
Mitigation Measure 3.9-3: Implement Mitigation Measure 3.9-2. Less than Significant
11.4.b
Packet Pg. 669 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-50 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Hydrology and Water Quality
Impact 3.10-1: Project construction grading and
other activities would substantially degrade surface
or groundwater quality.
Mitigation Measure 3.10-1: Implement Mitigation Measure 3.4-4 from Section 3.4, Biological Resources.
Less than Significant
Impact 3.10-2: Project operation and subsequent
reclamation of the Project site would not
substantially degrade surface or groundwater
quality.
None required. Less than Significant
Impact 3.10-3: The Project would not substantially
decrease groundwater supplies through affecting
groundwater quality such that the Project may
impede sustainable groundwater management of the
basin.
None required. Less than Significant
Impact 3.10-4: Project activities would not have an
adverse impact on groundwater production in local
groundwater wells.
None required. Less than Significant
Impact 3.10-5: The Project would not substantially
increase regional consumptive use of groundwater
or reduce recharge, thereby decreasing availability
of groundwater.
None required. Less than Significant
Impact 3.10-6: The Project would not impede
sustainable groundwater management of a
groundwater basin.
None required. Less than Significant
Impact 3.10-7: The Project would not substantially
alter existing drainage patterns in a manner that
would result in substantial erosion or siltation on or
off site, increased runoff, or adverse impacts on
water quality or related to flood flows.
None required. Less than Significant
Impact 3.10-8: The Project would not risk release of
pollutants due to Project inundation in a flood hazard
zone, or due to impeding or redirecting flood flows.
None required. Less than Significant
Impact 3.10-9: The Project would not conflict with
the CCRWQCB Basin Plan or obstruct
implementation of a sustainable groundwater
management plan.
None required. Less than Significant
11.4.b
Packet Pg. 670 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-51 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.10-10: The Project would n contribute to
significant cumulative degradation of water quality.
Mitigation Measure 3.10-10: Implement Mitigation Measure 3.4-4 from Section 3.4, Biological Resources, during Project construction.
Less than Significant
Impact 3.10-11: The Project would not contribute to
significant cumulative increases in the consumption
of groundwater supply.
None required. Less than Significant
Mineral Resources
Impact 3.11-1: The Project could result in the loss of
a valuable mineral resources or loss of a locally
important mineral resource recovery site.
None required. Less than Significant
Impact 3.11-2: The Project could contribute to
cumulative loss of availability of a known mineral
resource or loss of a locally important mineral
resource recovery site.
None required. Less than Significant
Noise and Acoustics
Impact 3.12-1: Project construction would result in
temporary increases in ambient noise levels in the
Project vicinity.
None required. Less than Significant
Impact 3.12-2: Project operations would
permanently increase ambient noise levels in the
vicinity of the Project.
None required. Less than Significant
Impact 3.12-3: Use of conventional earth moving
equipment during construction, operation, and
reclamation could generate groundborne vibration
and groundborne noise levels.
None required. Less than Significant
Impact 3.12-4: The Project would not result in a
cumulatively considerable contribution to a
significant noise or vibration impact.
None required. Less than Significant
Transportation
Impact 3.13-1: The Project would not conflict with
County of Santa Clara policies addressing the
circulation system, including transit, roadway,
bicycle, and pedestrian facilities.
None required. Less than Significant
Impact 3.13-2: The Project would generate
substantial additional VMT.
No mitigation available. Significant and Unavoidable
11.4.b
Packet Pg. 671 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-52 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.13-3: Project construction could increase
roadway hazards due to the presence of large
construction trucks, temporary lane closures and
detours.
Mitigation Measure 3.13-3: Construction Traffic Control Plan The Applicant shall require the construction contractor to prepare and submit a Construction Traffic Control Plan to the County of Santa Clara Department of Public Works and Caltrans District 4 for approval prior to the onset of construction. The Construction Traffic Control Plan shall be prepared in accordance with the California Department of Transportation Transportation Management Plan Guidelines (2015) and shall include, at a minimum, the following:
a. Restricting or limiting heavy vehicle traffic to and from the Project site to occur outside the peak commute hours (7:00-9:00 a.m. and 4:00-6:00 p.m.);
b. Timing of deliveries of heavy equipment and building materials to occur outside the peak commute hours;
c. Directing construction traffic with a flag person;
d. Placing temporary signing, lighting, and traffic control devices if required, including, but not limited to, appropriate signage along access routes to indicate the presence of heavy vehicles and construction traffic;
e. Ensuring access for emergency vehicles to the Project site; f. Temporarily closing travel lanes or delaying traffic during materials delivery or the construction of roadway improvements;
g. Storing construction equipment on-site during construction; h. Identifying and using truck routes acceptable to Caltrans and the County for construction-related heavy trucks;
i. Maintaining access to any adjacent properties; and,
j. Specifying both construction-related vehicle travel and oversize load haul routes, minimizing construction traffic during the a.m. and p.m. peak hours.
Less than Significant
Impact 3.13-4: The Project could result in
inadequate emergency access.
Mitigation Measure 3.13-4: Implement Mitigation Measure 3.13-3, Construction Traffic Control Plan. Less than Significant Impact 3.13-5: The Project would contribute to
cumulative increases in vehicle miles traveled.
No mitigation available. Significant and Unavoidable
Impact 3.13-6: The Project would contribute to
significant cumulative increases in roadway hazards
and/or interference with emergency access.
Mitigation Measure 3.13-6: Implement Mitigation Measure 3.13-3, Construction Traffic Control Plan. Less than significant Utilities and Service Systems
Impact 3.14-1: The Project would increase demand
for water supply.
None required. Less than Significant
11.4.b
Packet Pg. 672 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-53 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.14-2: The Project would generate
additional solid waste.
None required. Less than Significant
Impact 3.14-3: Project construction and operation
would comply with federal, state, and local
management and reduction statutes and regulations
related to solid waste.
None required. Less than Significant
Impact 3.14-4: The project would contribute to
cumulative increases in demand for water supply.
None required. Less than Significant
Impact 3.14-5: The project would contribute to
cumulative increases in generation of solid waste.
None required. Less than Significant
Wildfire
Impact 3.15-1: The Project could exacerbate wildfire
risks and could thereby expose people to pollutant
concentrations from a wildfire or expose people or
structures to risk of loss, injury, or death involving
wildland fires.
None required. Less than Significant
Impact 3.15-2: The Project could expose people or
structures to risks, including downslope or
downstream flooding or landslides, as a result of
runoff, post-fire slope instability, or drainage
changes.
None required. Less than Significant
Impact 3.15-3: The Project could result in a
cumulatively considerable contribution to a
significant cumulative impact related to wildfire.
None required. Less than Significant
11.4.b
Packet Pg. 673 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
11.4.c
Packet Pg. 674 Attachment: City of Morgan Hill Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.c
Packet Pg. 675 Attachment: City of Morgan Hill Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.d
Packet Pg. 676 Attachment: City of Santa Cruz Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.d
Packet Pg. 677 Attachment: City of Santa Cruz Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
RESOLUTION NO. 21-9037
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
I N SUPPORT OF THE EFFORTS OF THE AMAH MUTSUN
TRIBAL BAND TO PRESERVE SARGENT RANCH/JURISTAC AS
OPEN SPACE
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara is located within the ancestral lands of Tamyen-speaking O hlone peoples, whose descendants today belong to the Muwekma Ohlone Tribe, Amah M utsun Tribal Band and other tribal nations;
WHEREAS, the City of Santa Clara supports the efforts of the Indigenous peoples of our region to heal from historical trauma, regain access to their sacred cultural heritage sites and restore their cultural and spiritual traditions;
W HEREAS, the Debt Acquisition Company of America, doing business as Sargent Ranch M anagement Company, has applied to the County of Santa Clara for a conditional use permit for a proposed sand and gravel mining operation with aggregate processing facilities on a pproximately 320 acres of Sargent Ranch, within an area known as Juristac to the Amah M utsun Tribal Band;
WHEREAS, the protection of culturally sensitive resources and natural open space areas is an i mportant objective as set forth in the California Environmental Quality Act (CEQA); WHEREAS, Juristac is the location of historic ceremonial and sacred sites, comprising a l andscape of paramount cultural and spiritual importance to the Amah Mutsun Tribal Band; W HEREAS, the Amah Mutsun Tribal Band maintains that the 320 acres of proposed mining pits, overburden piles, roads, and processing facilities would irreparably harm Mutsun cultural resources, landscape features, and the spiritual integrity of Juristac; WHEREAS, the Tribal Council of the Amah Mutsun Tribal Band has taken a unanimous stand in o pposition to the Sargent Quarry Project and is requesting the support of surrounding communities in efforts to protect their sacred grounds; Resolution/Supporting the protection of the sacred lands of Juristac Page 1 of 3 Rev: 11/22/17
11.4.e
Packet Pg. 678 Attachment: City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
WHEREAS, Sargent Ranch/Juristac is an open space area of exceptional regional significance and habitat value as recognized by the Santa Clara Valley Habitat Agency, the Santa Clara Valley Open Space Authority, and regional conservation organizations, and is of such significance as to bring benefit to the City of Santa Clara as well as the region as a whole; WHEREAS, the Sargent Ranch area is identified in the Santa Clara Valley Habitat Conservation Plan and other regional habitat connectivity studies as a critically important wildlife corridor linking the Santa Cruz Mountains, Gabilan Mountains, and Diablo Range; the City of Santa Clara's 2010-2035 General Plan names the Santa Clara Valley Habitat Conservation Plan as part of the City's vision of regional land use and transportation planning and coordination [6.2.2]; WHEREAS, the City of Santa Clara aspires to advance leadership in sustainability through i nitiatives and efforts that include support for regional open space and habitat preservation, protection of air and water quality, and the dedication of public trails; WHEREAS, as demonstrated by the City of Santa Clara's efforts to preserve and steward the 40-acre Ulistac Natural Area, a historic Tamyen Ohlone cultural site located within city limits, the City supports the protection and preservation of Indigenous cultural heritage sites; W HEREAS, it is a goal of the City of Santa Clara, as outlined in the 2010-2035 General Plan, to protect and preserve cultural resources, as well as archaeological sites [5.6.3-G 1]; and, WHEREAS, the City of Santa Clara supports the rights of Indigenous peoples to access, m aintain, and protect their religious and cultural sites, as enshrined in Article 12 of the United N ations Declaration on the Rights of Indigenous Peoples.
N OW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
That the City Council of the City of Santa Clara supports the efforts of the Amah Mutsun Tribal Band to preserve Sargent Ranch/Juristac as open space in perpetuity and to regain access to their cultural and spiritual sites at Juristac. //
Resolution/Supporting the protection of the sacred lands of Juristac Page 2 of 3 Rev: 11 /22/17
11.4.e
Packet Pg. 679 Attachment: City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
2. That the City Council of the City of Santa Clara urges the County of Santa Clara to deny a pproval of permits for the proposed Sargent Quarry Project.
3. Effective date. This resolution shall become effective immediately.
H EREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
A ND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 14T" DAY OF DECEMBER, 2021, BY THE FOLLOWING VOTE:
AYES: COUNCILORS: Becker, Chahal, Hardy, Jain, Park, and Watanabe, a nd Mayor Gillmor
N OES: COUNCILORS: None
A BSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Resolution/Supporting the protection of the sacred lands of Juristac Page 3 of 3 Rev: 11 /22/17
11.4.e
Packet Pg. 680 Attachment: City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.f
Packet Pg. 681 Attachment: City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.f
Packet Pg. 682 Attachment: City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.f
Packet Pg. 683 Attachment: City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
August 8, 2022
Re: Sargent Ranch Quarry application
Dear Mayor Blankley and Council Members,
We ask you to enact a resolution urging Santa Clara County to deny the application for a quarry on the Sargent Ranch property. We also ask you to direct staff to make official comments on the Draft Envi- ronmental Impact Report. The proposed quarry would be located four miles south of our city, is within our sphere of influence, and our residents would bear the brunt of its impacts.
Based on our review of the DEIR, the following “significant and unavoidable impacts” (none can be fully mitigated) would have a permanent detrimental effect on health, environment, and quality of life within Gilroy, in addition to conflicting with several of our General Plan 20/40 policies:
1. Aesthetics—The visual character from US 101 at our southern gateway, which the County has desig- nated a scenic highway, would be severely jeopardized. General Plan policy NCR 1.6 calls for “devel- oping and applying preservation tools to protect open space areas in and around the city”.
2. Air Quality—Several of the air pollution elements would cause a clear health threat. General Plan Goal EJ 1 asserts a commitment to environmental justice and the inclusion of those most impacted by environmental problems in decision making. That means our own Gilroy residents!
3. Transportation/Traffic —The addition of 240 one-way trips of heavy gravel trucks/day would severely impact the already heavy traffic and pavement quality on Hwy 101, even with the addition of the planned third lanes. See General Plan M 7.1 and M 7.2 about mobility and agency cooperation.
4. Biological Resources—The project would impede natural wildlife movement and biodiversity be- tween the Santa Cruz and Diablo Ranges. See General Plan NCR 1.1 and NCR 1.6 about Habitat Plan Compliance (Gilroy is a member), and our community values set forth in this NCR Chapter.
5. Geology, Soils, and Paleontology—This project would permanently damage the natural terrain and resources. It has the potential to destroy paleontological resources, since it is the heritage land of our local Amah Mutsun tribe. This conflicts with General Plan Policy NCR 1.5.
6. Cultural and Tribal Resources—This project would desecrate the Juristac Tribal Cultural Landscape because it would use irreplaceable natural resources in violation of their beliefs. See General Plan NCR 5.4 which calls for “...the preservation of historical and archaeological sites”.
Chapter 8 of our General Plan 20/40—Natural and Cultural Resources—begins with the following:
“Gilroy’s location in the southern Santa Clara Valley, surrounded by hills, streams, and agriculture, is one of the many reasons that residents love living here. Gilroy has a proud, multi-cultural heritage that spans centuries. These sensitive natural and cultural resources are critical to Gilroy’s vibrancy and prosperity, and therefore deserve protection.”
Members of Gilroy Growing Smarter have met to discuss this issue in depth. In light of the above, we are asking you, our City Council Members, to spare our residents the serious health and environmental impacts this project would bring, honor our General Plan 20/40, direct staff to officially comment on the DEIR, and ultimately enact a resolution denying the quarry application.
Sincerely,
Connie Rogers, Chair
Gilroy Growing Smarter
Keeping Gilroy Healthy & Beautiful
Connie Rogers | Chair
Phone 408-842-8494 | Website GilroyGrowingSmarter.org
Email [email protected]
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Packet Pg. 684 Attachment: Correspondence - Rogers, Connie (3928 : Consideration of Sargent Ranch Quarry Project and DEIR and provide direction)