Agenda — King City City Council, May 23, 2023 (part 2 of 2)

February 7, 2023
Steve Brown
SMB Environmental, Inc.

Via Email to: [email protected]
Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, City of King City Wastewater Treatment Plant Upgrade and Recycled Water Project, Monterey County
Dear Mr. Brown:

Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”) Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides:

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

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

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

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

CHAIRPERSON
Laura Miranda
Luiseño

VICE CHAIRPERSON
Reginald Pagaling
Chumash

SECRETARY
Sara Dutschke
Miwok

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

COMMISSIONER
Wayne Nelson
Luiseño

COMMISSIONER
Stanley Rodriguez
Kumeyaay

COMMISSIONER
[Vacant]

EXECUTIVE SECRETARY
Raymond C.

Hitchcock
Miwok/Nisenan

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

Page 2 of 2 ends

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

2. The results of any archaeological inventory survey that was conducted, including:
• Any report that may contain site forms, site significance, and suggested mitigation measures.

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

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

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

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

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

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

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

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

Sincerely,
Cody Campagne
Cultural Resources Analyst
Attachment
Amah Mutsun Tribal Band
Valentin Lopez, Chairperson
P.O. Box 5272
Galt, CA, 95632
Phone: (916) 743 - 5833
[email protected]
Costanoan
Northern Valley
Yokut
Amah MutsunTribal Band of
Mission San Juan Bautista
Irene Zwierlein, Chairperson
3030 Soda Bay Road
Lakeport, CA, 95453
Phone: (650) 851 - 7489
Fax: (650) 332-1526
[email protected]
Costanoan
Costanoan Ohlone RumsenMutsen Tribe
Patrick Orozco, Chairman
644 Peartree Drive
Watsonville, CA, 95076
Phone: (831) 728 - 8471
[email protected]
Ohlone
Esselen Tribe of Monterey
County
Tom Little Bear Nason, Chairman
P. O. Box 95
Carmel Valley, CA, 93924
Phone: (831) 659 - 2153
Fax: (831) 659-0111
[email protected]
g
Costanoan
Esselen
Indian Canyon Mutsun Band of
Costanoan
Kanyon Sayers-Roods, MLD
Contact
1615 Pearson Court
San Jose, CA, 95122
Phone: (408) 673 - 0626
[email protected]
Costanoan
Indian Canyon Mutsun Band of
Costanoan
Ann Marie Sayers, Chairperson
P.O. Box 28
Hollister, CA, 95024
Phone: (831) 637 - 4238
[email protected]
Costanoan
Ohlone/Costanoan-Esselen
Nation
Louise Miranda-Ramirez,
Chairperson
P.O. Box 1301
Monterey, CA, 93942
Phone: (408) 629 - 5189
[email protected]
Costanoan
Esselen
Salinan Tribe of Monterey, San
Luis Obispo Counties
Patti Dunton, Tribal Administrator
7070 Morro Road, Suite A
Atascadero, CA, 93422
Phone: (805) 464 - 2650
[email protected]
Salinan
Tule River Indian Tribe
Neil Peyron, Chairperson
P.O. Box 589
Porterville, CA, 93258
Phone: (559) 781 - 4271
Fax: (559) 781-4610
[email protected]
Yokut
Wuksache Indian Tribe/Eshom
Valley Band
Kenneth Woodrow, Chairperson
1179 Rock Haven Ct.

Salinas, CA, 93906
Phone: (831) 443 - 9702
[email protected]
Foothill Yokut
Mono
Xolon-Salinan Tribe
Karen White, Chairperson
P. O. Box 7045
Spreckels, CA, 93962
Phone: (831) 238 - 1488
[email protected]
Salinan
Rumsen Am:a Tur:ataj Ohlone
Dee Dee Ybarra, Chairperson
14671 Farmington Street
Hesperia, CA, 92345
Phone: (760) 403 - 1756
[email protected]
Costanoan
1 of 1
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code.

This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed City of King City Wastewater Treatment Plant Upgrade and Recycled Water Project, Monterey County.

PROJ-2023-
000541
02/07/2023 12:30 PM
Native American Heritage Commission
Tribal Consultation List
Monterey County
2/7/2023
February 22, 2023
Karen White, Chairperson
Xolon-Salinan Tribe
P.O. Box 7045
Spreckels, CA, 93962
C A ....

SENT VIA EMAIL AND POST OFFICE
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Chairperson Karen White:

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant (WWTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWTP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

The Native American Heritage Commission was contacted about the Proposed Project and provided us with a list of Native American individuals and organizations that may have knowledge of tribal and/or cultural resources in the Project Area as part of the AB 52 and Section 106 requirements. As a result, we are requesting that you please provide us with any information you may have about cultural resources or sites in the Project Area so that we can determine ways to protect those sites, including archeological sites and other locations of special value to Native Americans.

Thank you for your cooperation and assistance. I look forward to your earliest possible reply. If we do not receive a request from you (or your organization) within 30 days, we will assume that you do not want to have a formal consultation under AB 52 and/or Section 106 and agree that the Proposed Project would not have any impacts to known Tribal Cultural Resources that you are aware of. If you have any questions, please feel free to contact. me at [email protected] or at 831-385-3281 .

Sincerely,
Esmeralda Alvarez
Planning Technician
c: Steve Brown, Principal
City Holl, 212 South Vanderhurst Ave. King City, CA 93930 Tel: (831) 385-3281 • Fax (831) 386-5968 • www.kingcity.com Figure 1
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
!(
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WWTP
UT=")
UT=")
=")
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
12 ''
3,688 ft
10 ''
1,029 ft
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
8 ''
950 ft
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
8 ''
955 ft
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
8 ''
854 ft
6 ''
903 ft
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 1,100 550
Feet
Data Sources: King City, ESRI
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Kenneth Woodrow, Chairperson
Wuksache Indian Tribe/Eshom Valley Band
1179 Rock Haven Ct.

Salinas, CA, 93906
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Chairperson Kenneth Woodrow:

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant 0f'IWTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWTP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

The Native American Heritage Commission was contacted about the Proposed Project and provided us with a list of Native American individuals and organizations that may have knowledge of tribal and/or cultural resources in the Project Area as part of the AB 52 and Section 106 requirements. As a result, we are requesting that you please provide us with any infonnation you may have about cultural resources or sites in the Project Area so that we can determine ways to protect those sites, including archeological sites and other locations of special value to Native Americans.

Sincerely,
Esmeralda Alvarez
Planning Technician
c: Steve Brown, Principal
City Hall, 212 South Vanderhurst Ave. King City, CA 93930 Tel: (83 l) 385-3281 • Fax (831) 386-5968 • www.kingcity.com Figure 1
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
WWTP
UT=")
UT=")
=")
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
12 ''
3,688 ft
10 ''
1,029 ft
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
8 ''
950 ft
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
8 ''
955 ft
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
8 ''
854 ft
6 ''
903 ft
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 1,100 550
Feet
Data Sources: King City, ESRI
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

Sincerely,
Esmeralda Alvarez
Planning Technician
c: Steve Brown, Principal
City Hall, 212 South Vanderhurst Ave. King City, CA 93930 Tel: (831) 385-3281 • Fax (831) 386-5968 • www.kingcity.com Figure 1
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
WWTP
UT=")
UT=")
=")
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
12 ''
3,688 ft
10 ''
1,029 ft
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
8 ''
950 ft
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
8 ''
955 ft
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
8 ''
854 ft
6 ''
903 ft
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 1,100 550
Feet
Data Sources: King City, ESRI
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Patti Dunton, Tribal Administrator
Salinan Tribe of Monterey, San Luis Obispo Counties
7070 Morro Road, Suite A
Atascadero, CA, 93422
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Tribal Administrator Patti Dunton:

Engineering and/or survey accuracy
is not implied.

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant (1/1/WTP} Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWTP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Louise Miranda-Ramirez, Chairperson
Ohlone/Costanoan-Esselen Nation
P.O. Box 1301
Monterey, CA, 93942
'I
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Chairperson Louise Miranda-Ramirez:

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant (WWTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWf P and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

Sincerely,
Esmeralda Alvarez
Planning Technician
c: Steve Brown, Principal
City Hall, 212 South Vanderhurst Ave. King City, CA 93930 Tel: (831) 385-3281 • Fox (831) 386-5968 • www.kingcity.com Figure 1
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
WWTP
UT=")
UT=")
=")
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
12 ''
3,688 ft
10 ''
1,029 ft
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
8 ''
950 ft
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
8 ''
955 ft
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
8 ''
854 ft
6 ''
903 ft
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 1,100 550
Feet
Data Sources: King City, ESRI
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Ann Marie Sayers, Chairperson
Indian Canyon Mutsun Band of Costanoan
P.O. Box28
Hollister, CA, 95024
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Chairperson Ann Marie Sayers:

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant ()NWTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWTP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

The Native American Heritage Commission was contacted about the Proposed Project and provided us with a list of Native American individuals and organizations that may have knowledge of tribal and/or cultural resources in the Project Area as part of the AB 52 and Section 106 requirements. As a result. we are requesting that you please provide us with any information you may have about cultural resources or sites in the Project Area so that we can determine ways to protect those sites, including archeological sites and other locations of special value to Native Americans.

Sincerely,
Esmeralda Alvarez
Planning Technician
c: Steve Brown, Principal
City Hall, 212 South Vanderhurst Ave. King City, CA 93930 Tel: {831) 385-3281 • Fax (831) 386-5968 • www.kingcity.com Figure 1
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
WWTP
UT=")
UT=")
=")
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
12 ''
3,688 ft
10 ''
1,029 ft
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
8 ''
950 ft
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
8 ''
955 ft
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
8 ''
854 ft
6 ''
903 ft
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 1,100 550
Feet
Data Sources: King City, ESRI
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Kanyon Sayers-Roods, MLD
Indian Canyon Mutsun Band of Costanoan
1615 Pearson Court
San Jose, CA, 95122
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Kanyon Sayers-Roods:

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106} for tribal cultural resources, King City {City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant (WWTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWTP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

Thank you for your cooperation and assistance. I look forward to your earliest possible reply. If we do not receive a request from you {or your organization) within 30 days, we will assume that you do not want to have a formal consultation under AB 52 and/or Section 106 and agree that the Proposed Project would not have any impacts to known Tribal Cultural Resources that you are aware of. If you have any questions, please feel free to contact me at [email protected] or at 831-385-3281.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Tom Little Bear Nason, Chairman
Esselen Tribe of Monterey County
P.O. Box 95
Carmel Valley, CA. 93924
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Chairperson Tom Little Bear Nason:

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant (WVVTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWTP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Patrick Orozco, Chairman
Costanoan Ohlone Rumsen-Mutsen Tribe
644 Peartree Drive
Watsonville, CA, 95076
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Chairperson Patrick Orozco:

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act (Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation wi1h your organization to discuss the City's proposed Wastewater Treatment Plant (WWTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's WWTP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

Sincerely,
Esmeralda Alvarez
Planning Technician
c: Steve Brown, Principal
City Hall, 212 South Vanderhurst Ave. King City, CA 93930 Tel: (831) 385-3281 • Fax (831) 386-5968 • www.kingciiy.com Figure 1
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
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WWTP
UT=")
UT=")
=")
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
12 ''
3,688 ft
10 ''
1,029 ft
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
8 ''
950 ft
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
8 ''
955 ft
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
8 ''
854 ft
6 ''
903 ft
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 1,100 550
Feet
Data Sources: King City, ESRI
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

SENT VIA EMAIL AND POST OFFICE
February 22, 2023
Irene Zwierlein, Chairperson
Amah Mutsun Tribal Band of Mission San Juan Bautista
3030 Soda Bay Road
Lakeport, CA, 95453
RE: Request for Government-to-Government Consultation Under Assembly Bill 52 (AB 52) and Section 102 for King City's Wastewater Treatment Plant Upgrade and Recycled Water Project
Dear Chairperson Irene Zwierlein:

Sincerely,
Esmeralda Alvarez
Planning Technician
c: Steve Brown, Principal
City Halt 212 South Vanderhurst Ave. King City, CA 93930 Tel: (831) 385-3281 • Fax (831) 386-5968 • www.kingcity.com Figure 1
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
!(
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WWTP
UT=")
UT=")
=")
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
12 ''
3,688 ft
10 ''
1,029 ft
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
8 ''
950 ft
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
8 ''
955 ft
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
8 ''
854 ft
6 ''
903 ft
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 1,100 550
Feet
Data Sources: King City, ESRI
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

Pursuant towards compliance with the requirements of California's Assembly Bill 52 (AB 52) and Section 106 of the National Historic Preservation Act {Section 106) for tribal cultural resources, King City (City) is requesting a formal government-to-government consultation with your organization to discuss the City's proposed Wastewater Treatment Plant {WWTP) Upgrade and Recycled Water Project (Proposed Project). The Proposed Project is located at the City's VWlfrP and new recycled water pipelines would be placed in the streets throughout the City. See attached map for the proposed site improvements.

Thank you for your cooperation and assistance. l look forward to your earliest possible reply. If we do not receive a request from you (or your organization) within 30 days, we will assume that you do not want to have a formal consultation under AB 52 and/or Section 106 and agree that the Proposed Project would not have any impacts to known Tribal Cultural Resources that you are aware of. If you have any questions, please feel free to contact me at [email protected] or at 831-385-3281.

Engineering and/or survey accuracy
is not implied.

Figure A Alternative 5
PROJECT NAME | TM | CLIENT
Legend
WWTP Wastewater
Treatment Plant
UT=") Storage Tank and
Pump
!( Junctions
Proposed New Service
Road
Recycled Water
Pipelines (Diameter
[in], Length [ft])
Existing
Proposed
Potential Custumers
Agricultural
Irrigation
Roads
Responses From Tribes
P.O. Box 7045,
Spreckels, Ca. 93962
www.xolonsalinantribe.org
Karen R. White
Council Chair
xolon.salinan.heritaqe@.
qmail.com
Blaise Haro
Council Vice Chair
[email protected]
Thomas Ball
Council Secretary
[email protected]
George Larson
Council Treasurer
[email protected]
Counci l Members:

Janet Pura-Martinez
Devin Ball
Tribal Headwoman
Donna Haro - elder
"AAKLETSE"
[email protected]
Penny Pierce Hurtelder
Cultural Preservation
Facilitator
Phurt6 [email protected]
'XOLON SAL1NAN TRJBE
"PEOPLE OF THE OA.KS"
The Xolon Salilum Tribe are the People who have been referred to as the Salilum Indians from Missions San ft!liguel, San A11to11io and Soledad. We have always called ourselves "Xolon /11dia11s. " The Federal government called us the "Sali11a11s," because of the Salinas River that ru11s through most of our ancient territory; hence, we now call ourselves "The Xo/011 Sa/bum Tribe," so that everyone will know who we are. Our ancient People lived (documented) along the Central Coast of California, from the northern part of San Luis Obispo - to the Big Sur area to the nortlt - and i11/and to the Temblor Range.

February 24, 2023
Esmeralda Alvarez, Planning Technician
City Hall
212 South Vanderhurst Ave.

King City, CA 93930
Dear Ms. Alvarez,
We are in receipt of your AB52 consultation letter, regarding King City's Wastewater Treatment Plant Upgrade and Recycled Water Project. This Project falls within our Ancestral Territory. Chair White has forwarded this to me.

Be advised that we consider this project very important. Therefore, we request the following materials for review:
• A map layout of the project area.
• Any, and all, Cultural Site Reports.
• What type of ground disturbance will be involved?
• What depths of disturbance.
• Would it be possible to obtain a map that would reflect any creeks, and the Salinas River flow through King City.

Thank you again for contacting us, it is our pleasure to work on this project.

Looking forward to your response.

Sincerely,
Penny Pierce Hurt, Elder
Cultural Preservation Facilitator
Xolon Salinan Tribe
Cc: Karen White, Chair
From: KKLLC Admin <[email protected]>
Sent: Tuesday, March 7, 2023 3:58 PM
To: Esmeralda Alvarez <[email protected]>
Subject: King City's Wastewater Treatment Plant Upgrade and Recycled Water Project

miSmin Tuuhis [Good Day]
Kan rakat Kanyon Sayers-Roods. I am writing this on behalf of the Indian Canyon Band of Costanoan Ohlone People as requested, responding to your letter As this project’s Area of Potential Effect (APE) overlaps or is near the management boundary of a potentially eligible cultural site, I am interested in consulting and voicing our concerns. With some instances like this, usually we recommend that a Native American Monitor and an Archaeologist be present on-site at all times during any/all ground disturbing activities. The presence of a Native monitor and archaeologist will help the project minimize potential effects on the cultural site and mitigate inadvertent issues.

Kanyon Konsulting, LLC has numerous Native Monitors available for projects such as this, if applicable, we recommend a Cultural Sensitivity Training at the beginning of each project. This service is offered to aid those involved in the project to become more familiar with the indigenous history of the peoples of this land that is being worked on.

Kanyon Konsulting is a strong proponent of honoring truth in history, when it comes to impacting Cultural Resources and potential ancestral remains, we need to recognise the history of the territory we are impacting. We have seen that projects like these tend to come into an area to consult/mitigate and move on shortly after - barely acknowledging the Cultural Representatives of the territory they steward and are responsible for.

Because of these possibilities, we highly recommend that you receive a specialized consultation provided by our company as the project commences, bringing in considerations about the Indigenous peoples and environment of this territory that you work, have settled upon and benefit from.

As previously stated, our goal is to Honor Truth in History. And as such we want to ensure that there is an effort from the project organizer to take strategic steps in ways that #HonorTruthinHistory. This will make all involved aware of the history of the Indigenous communities whom we acknowledge as the first stewards and land managers of these territories.

Potential Approaches to Indigenous Cultural Awareness/History:
⭃Signs or messages to the audience or community of the territory being developed. (ex. A commerable plaque, page on the website, mural, display, or an Educational/Cultural Center with information about the history/ecology/resources of the land)
⭃Commitment to consultation with the Native Peoples of the territory in regards to presenting and messaging about the Indigenous history/community of the land (Land Acknowledgement on website, written material about the
space/org/building/business/etc, Cultural display of cultural resources/botanical knowledge or Culture sharing of Traditional Ecological Knowledge - Indigenous Science and Technology)
⭃Advocation of supporting indigenous lead movements and efforts. (informing one's audience and/or community about local present Indigenous community) We look forward to working with you.

Tumsan-ak kannis [Thank You]
Kanyon Sayers-Roods
Consultant / Tribal Monitor [ICMBCO]
Kanyon Konsulting, LLC

King City
Wastewater Treatment Plant and Recycled Water
Project
Final Draft
Initial Study / Mitigated Negative Declaration
SCH #:2023030751
SMB Environmental, Inc.

May 2023
Figure 4
Overview of Proposed Project
Little to No
Emergent
Vegetation
Project/Action Location
!(
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!(
WWTP
TU)"
=
TU")
=
TU")
=
10 ''
344 ft
10 ''
860 ft
Northeast Business Park Area
Arboleda
Development
Mills Ranch
Development
King City Golf Course
King City
Park
King City
High School
Salinas Valley
Fair Grounds
San Antonio
Park
King City
Cemetary District
Del Rey
Elementary School
King City Arts
Magnet School
Santa Lucia
School
Agricultural Area - Mission
Ranches Company, LLC
(1)
(15)
(12)
(13)
(6)
(8)
(9)
(10)
(11)
(5)
(2)
(4)
(7)
US 101
San Antonio Dr
Metz Rd
Bitterwater Rd
Broadway St
Canal St
Airport Rd
Lonoak Rd
Spreckels Rd
Pearl St
River Dr
N 3rd St
N 2nd St
N Russ St
Lewis St
S 3rd St
7th St
Willow St
Villa Dr
Industrial Way
3rd St
Central Ave
Broadway Cir
Sandringham St
S Mildred Ave
Cambridge Ave
Kings Pl
US 101
1st St
8 ''
3,652 ft
3,688 ft
12 ''
1,029 ft
10 ''
8 ''
3,722 ft
12 ''
2,180 ft
6 ''
1,901 ft
8 ''
1,850 ft
8 ''
2,419 ft
6 ''
1637 ft
12 ''
989 ft
950 ft
8 ''
8 ''
949 ft
6 ''
1,214 ft
12 ''
832 ft
12 ''
588 ft
12 ''
530 ft
8 ''
463 ft
8 ''
231 ft
955 ft
8 ''
8 ''
954 ft
6 ''
1023 ft
12 ''
1,001 ft
854 ft
8 ''
903 ft
6 ''
12 ''
669 ft
8 ''
464 ft
Last Revised: January 19, 2023 [ENTER PROJECT WISE PATH NAME TO MXD] For Example:pw://Carollo/Documents/Client/CA/ClientName/10265A00/Data/GIS/Figure_01_01.mxd O
0 550 1,100
Feet
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

Data Sources: King City, ESRI
Figure A Alternative 5
PROJECT NAME | TM | CLIENT
Legend
WWTP Wastewater
Treatment Plant
TU)"
= Storage Tank and
Pump
!( Junctions
Proposed New Service
Road
Recycled Water
Pipelines (Diameter
[in], Length [ft])
Existing
Proposed
Potential Custumers
Agricultural
Irrigation
Roads
Exhibit 4
King City WWTP and Recycled Water Project
Final IS/MND
May 2023 i
Table of Contents
Chapter 1 Introduction ................................................................................................ 1-1 Chapter 2 Comments Received .................................................................................. 2-1 Chapter 3 Responses to Comments .......................................................................... 3-1 Chapter 4 Revisions to the Public Draft IS/MND ...................................................... 4-1 Chapter 5 CEQA Findings and Determination: ......................................................... 5-1 Appendicies
Appendix A Mitigation Monitoring and Reporting Program .................................. A-1

King City WWTP and Recycled Water Project
Final IS/MND
May 2023 1-1
Chapter 1 Introduction
Pursuant to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000, et seq. and CEQA Guidelines), King City (City) prepared a Public Draft Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate potential environmental impacts associated with the City’s proposed Wastewater Treatment Plant (WWTP) and Recycled Water Project (Proposed Project).

The City is located in the Salinas Valley of Monterey County, California along the Salinas River and serves a population of 13,443 (2022). The City currently covers 3.9 square miles and is surrounded mostly by agricultural land. The City has a moderate climate with hot, dry summers, and cool, wet winters. Precipitation is almost entirely rain, with most of it falling during the sixmonth period from November to April. The elevation of the City is approximately 330-feet above sea level in the downtown area and approximately 290-feet above sea level at the City’s Wastewater Treatment Plant (WWTP)1
. The major transportation route in the area is State
Highway 101. The Union Pacific Railroad also serves the area. The City also has an airport, the Mesa Del Rey Airport.

The City’s Proposed Project is to replace the City’s existing WWTP headworks/ponds treatment system and construct a 2.0 mgd maximum month secondary wastewater treatment plant that meets regulatory requirements and planned area growth, as well as construct a 1.8 mgd average day tertiary recycled water treatment plant and approximately 5.3-mile pipeline distribution system that will help offset approximately 1,000 acre-feet per year of potable and agricultural water use in the community. A new access road to the WWTP will also be designed as the existing access road is currently in a farmer’s field and has limited to no access to the plant during winter months and flooding events. Both the secondary and tertiary treatment plants would be located within the existing treatment plant boundary. The tertiary recycled water treatment and distribution system is planned to serve agricultural and landscape irrigation users, as well as commercial/process uses.

On March 29, 2023, to initiate public review of the Draft IS/MND, the City filed a Notice of Completion (NOC) for the project with the Governor’s Office of Planning and Research (State Clearinghouse or SCH) and a Notice of Availability (NOA) with the County of Monterey and released the Public Draft IS/MND for a 30-day public review. The State Clearinghouse identified the Project with SCH # 2023030751. The 30-day public review period was established between March 29 and May 1, 2023, with copies of the Draft IS/MND available for review on the City’s website at https://www.kingcity.com/ and at the addresses below:

King City King City Library
City Hall, 212 South Vanderhurst Avenue 402 Broadway Street King City, CA 93930 King City, CA 93930
This Final IS/MND was prepared according to CEQA Guidelines and considers and incorporates all comments received by the State Clearinghouse and other agencies during the 30-day public review period. The purpose of this document is to clarify facts set forth in the Public Draft IS/MND, as necessary, to ensure accuracy. The City must consider the IS/MND, together with any comments received, before approving the Proposed Project (Public Resources Code Section 1 Source: Google earth elevation mapping
King City WWTP and Recycled Water Project
Final IS/MND
May 2023 1-2
21091(f); and CEQA Guidelines Section 15074). The City has no affirmative duty to prepare formal responses to comments on the Public IS/MND, but should have adequate information on the record explaining why the comment(s) do/does not affect the conclusion that there are no potential significant environmental effects. The City is required to, however, notify, in writing, any commenting agencies of the date of the meeting on the Proposed Project for which an IS/MND is prepared and will be decided upon for approval (Public Resources Code Section 21092.5(b); and CEQA Guideline Section 15073).

This Final IS/MND is being distributed to agencies, stakeholder organizations, and individuals who commented on the Public Draft IS/MND to ensure that interested parties have an opportunity to express their views regarding the environmental impacts of the project, and to ensure that information pertinent to permits and approvals is provided to decision makers for the City and CEQA responsible agencies. Comments from the public have been incorporated into the Final IS/MND for the City’s Planning Commission and City Council to consider whether to approve the Proposed Project. The City is scheduled to make a decision on the Proposed Project at its regularly scheduled City Council Meeting on May 23, 2023 at 6:00 p.m. in the City Hall Council Chambers, 212 South Vanderhurst Avenue, King City, CA 93930.

King City WWTP and Recycled Water Project
Final IS/MND
May 2023 2-1
Chapter 2 Comments Received
During the 30-day public review period (March 29 through May 1, 2023) the City received one (1) comment letter regarding the Proposed Project. The City has reviewed and considered all of the comments received as follows in Table 2-1 below. Copies of the comment letters received are attached.

TABLE 2-1

COMMENTS RECEIVED
Date Commenting Agency
Comment
Letter
April 27, 2023
Timothy W. Jimenez, Regional Engineer, Central Division Department of Water Resources
Division of Safety of Dams
P.O. Box 942836
Sacramento, CA 94236-0001
A

COMMENT LETTER A
A-1

King City WWTP and Recycled Water Project
Final IS/MND
May 2023 3-1
Chapter 3 Responses to Comments
This chapter evaluates the comments received during the 30-day public review period (March 29 through May 1, 2023). During the 30-day public review period (March 29 through May 1, 2023) the City received one (1) comment letter regarding the Proposed Project. The City has reviewed and considered all of the comments received and provides a response to each of those comments as provided for below.

COMMENT LETTER A – DIVISION OF SAFETY OF DAMS (DSOD)
Comment A-1. Comment Noted. Thank you for your comments. The City understands that DSOD has no comments on the WWTP and Recycled Water portions of the Proposed Project.

However, it has some concerns that the existing wastewater storage ponds could be under DSOD jurisdiction. Please see minor changes to the Public Draft IS/MND in Chapter 4 of this document.

In addition, and as requested, we are forwarding the existing As-Built Drawings for the existing wastewater storage ponds under separate cover as these plans are large in file size. Further, if DSOD would like to schedule a site tour/inspection, please contact Doreen Liberto at [email protected] or at 831-385-3281.

King City WWTP and Recycled Water Project
Final IS/MND
May 2023 4-1
Chapter 4 Revisions to the Public Draft IS/MND
This chapter shows revisions to the March 2023 document, subsequent to the document’s publication and public review. The revisions are presented in the order in which they appear in the Public Draft IS/MND and are identified by section and page number in respective chapters. These revisions are shown as excerpts from the Public Draft IS/MND, with strikethrough (strikethrough) text in indicate deletions and underlined (underlined) text to indicate additions. The following revisions are shown below.

On Pages 2-8 and 2-9 in Chapter 2 – Project Description and Alternatives, Table 4 - Potential Regulatory Requirements, Permits, and Authorizations for Proposed Project has been modified as shown below.

Table 4
Potential Regulatory Requirements, Permits, and Authorizations for Proposed Project Agency Type of Approval
Central Coast Regional Water Quality Control Board
• National Pollutant Discharge Elimination
System General Permit for Stormwater
Discharge Associated with Construction
Activities
• Recycled Water Use Permit
California Department of Safety of Dams • Jurisdictional Dam Permit/Authorization California Division of Occupational Safety and Health
• Construction activities in compliance with
CAL/OSHA safety requirements
Monterey Bay Air Resources District (MBARD)
• Authority to Construct
• Permit to Operate
King City WWTP and Recycled Water Project
Final IS/MND
May 2023 5-1
Chapter 5 CEQA Findings and Determination:

On the basis of this Final IS/MND for the King City WWTP and Recycled Water Project:

I find that the Proposed Project WOULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the Proposed Project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions in the Project and/or mitigation measures have been made by or agreed to by the City. As a result, a MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the Proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the Proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Proposed Project, nothing further is required.

Signature Date
Doreen Liberto, AICP Community Development Director___
Printed Name Title
11 May 2023
Appendix A
Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
King City
Wastewater Treatment Plant and Recycled Water Project
Final Initial Study / Mitigated Negative Declaration
SCH # 2023030751
Prepared for:

King City
City Hall, 212 South Vanderhurst Avenue
King City, CA 93930
Prepared by:

SMB Environmental, Inc.

May 2023
WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
2 INTRODUCTION
Pursuant to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000, et seq. and CEQA Guidelines), King City (City) prepared a Public Draft Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate potential environmental impacts associated with the City’s Wastewater Treatment Plant and Recycled Water Project (Proposed Project).

Precipitation is almost entirely rain, with most of it falling during the sixmonth period from November to April. The elevation of the City is approximately 330-feet above sea level in the downtown area and approximately 290-feet above sea level at the City’s Wastewater Treatment Plant (WWTP). The major transportation route in the area is State Highway 101. The Union Pacific Railroad also serves the area. The City also has an airport, the Mesa Del Rey Airport.

The Proposed Project is to replace the City’s existing WWTP headworks/ponds treatment system and construct a 2.0 mgd maximum month secondary wastewater treatment plant that meets regulatory requirements and planned area growth, as well as construct a 1.8 mgd average day tertiary recycled water treatment plant and approximately 5.3-mile pipeline distribution system that will help offset approximately 1,000 acre-feet per year of potable and agricultural water use in the community. A new access road to the WWTP will also be designed as the existing access road is currently in a farmer’s field and has limited to no access to the plant during winter months and flooding events. Both the secondary and tertiary treatment plants would be located within the existing treatment plant boundary. The tertiary recycled water treatment and distribution system is planned to serve agricultural and landscape irrigation users, as well as commercial/process uses.

On March 29, 2023, to initiate public review of the Draft IS/MND, the City filed a Notice of Completion (NOC) for the project with the Governor’s Office of Planning and Research (State Clearinghouse or SCH) and a Notice of Availability (NOA) with the County of Monterey and released the Public Draft IS/MND for a 30-day public review. The State Clearinghouse identified the Project with SCH #: 2023030751. The 30-day public review period was established between March 29 and May 1, 2023, with copies of the Draft IS/MND available for review on the City’s website at
https://www.kingcity.com/ and at the City’s offices at City Hall, 212 South Vanderhurst Avenue, King City, CA 93930 and at the King City Library at 402 Broadway, King City, CA 93930.

The City received one (1) comment letter during the 30-day public review period and has considered all comments received. The City then prepared a Final IS/MND according to CEQA Guidelines. Based on the Final IS/MND, the Proposed Project would not result in new significant impacts, substantially increase the severity of previously disclosed impacts, or involve any of the other conditions related to changed circumstances or new information that can require a subsequent or supplemental EIR under Public Resources Code section 21166 and CEQA Guidelines section 15162 beyond those impacts and conditions already identified in the City’s Public Draft IS/MND.

PURPOSE OF MITIGATION MONITORING AND REPORTING

PROGRAM
This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed in a satisfactory manner before and during project construction and operation. The MMRP may be modified by the City during project implementation, as necessary, in response to changing conditions or other refinements. Table A (included at the end of this document) has been prepared to assist the responsible parties in implementing the mitigation measures. The table identifies individual mitigation measures, monitoring/mitigation timing, and responsible person/agency for implementing the measure, monitoring and reporting procedure, and space to confirm implementation of the mitigation measures. The numbering of mitigation measures follows the numbering sequence found in the Public Draft IS/MND.

ROLES AND RESPONSIBILITIES
Unless otherwise specified herein, the City is responsible for taking all actions necessary to implement the mitigation measures under its jurisdiction according to the specifications provided for each measure and for demonstrating that the action has been successfully completed. The City, at its discretion, may delegate implementation responsibility or portions thereof to a licensed contractor or other designated agent. The City would be responsible WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
3 for overall administration of the MMRP and for verifying that City staff members and/or the construction contractor has completed the necessary actions for each measure.

The City shall designate a Project Manager1 to oversee implementation of the MMRP and who is primarily responsible for implementing the mitigation measures for the Proposed Project as described in this MMRP. Duties of the project manager include the following:
• Ensure that routine inspections of the construction site are conducted by appropriate City staff; check plans, reports, and other documents required by the MMRP; and conduct report activities.
• Serve as a liaison between the City and the contractor or project applicant regarding mitigation-monitoring issues.
• Complete forms and maintain reports and other records and documents generated by the MMRP.
• Coordinate and ensure that corrective actions or enforcement measures are taken, if necessary.

The responsible party for implementation of each item shall identify the staff members responsible for coordinating with the City on the MMRP.

REPORTING
The City’s Project Manager shall prepare a monitoring report, upon completion of the project, on the compliance of the activity with the required mitigation measures. Information regarding inspections and other requirements shall be compiled and explained in the report. The report shall be designed to simply and clearly identify whether mitigation measures have been adequately implemented. At a minimum, each report shall identify the mitigation measures or conditions to be monitored for implementation, whether compliance with the mitigation measures or conditions has occurred, the procedures used to assess compliance, and whether further action is required.
1 The City’s Public Works Director/City Engineer is primarily responsible for implementing and/or ensuring the implementation of the mitigation measures for the Proposed Project as described in this MMRP.

MITIGATION MONITORING AND REPORTING PLAN TABLE
The categories identified in Table A are described below. • Mitigation Measure – This column provides the text of the mitigation measures identified in the IS/MND.
• Timing – This column identifies the time frame in which the mitigation will take place.
• Implementation – This column identifies the party responsible for implementing compliance with the requirements of the mitigation measure
• Enforcement – This column identifies the party responsible for enforcing compliance with the requirements of the mitigation measure.
• Dated Signature for Verification of Compliance – This column is to be dated and signed by the person (either project manager or his/her designee) responsible for verifying compliance with the requirements of the mitigation measure.

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for
Verification of
Compliance

3.1 AESTHETICS
Mitigation Measure AES-1: Implement Visual Construction Best Management Practices. The City and/or its contractor shall remove construction debris and dispose of it at a licensed facility on a daily basis. In the event daily disposal is not determined to be practical, it must be stored on site as far from residential receptors as feasible and be screened from view. The contractor would also be required to remove any debris, mud or other soils from the site that was deposited on public roadways by construction-related traffic. Construction equipment and crew parking areas are to be staged in an orderly manner and as far as possible from existing residences. Site conditions are to be left in a clean and orderly manner at the end of each working day.

During
construction of
the Proposed
Project
King City King City

3.2 AGRICULTURAL RESOURCES
Mitigation Measure AGR-1: Early Notice of any Planned Closures or Detours on Existing Roadways. The City and/or its contractor shall provide early notice of any planned closures or detours on existing roadways serving existing agricultural operations to adjacent property owners and any farm lessee/operators. These notices should be provided no less than two weeks prior to these closures or detours. Regular updates about forthcoming closures or detours shall be provided to those impacted by these activities as well as being posted on local roadways so that adequate planning can be made for the movement of agricultural goods, equipment and personnel.

Prior to
construction of
the Proposed
Project
King City King City

3.3 AIR QUALITY
Mitigation Measure AIR-1: Basic Construction Mitigation Measures Recommended for ALL Proposed Construction Projects. During all phases of construction, the following procedures shall be implemented, as appropriate:
• Provide MBARD at least 10 working days’ notice prior to renovation, demolition, or construction activities. • Contact MBARD If old underground piping or other asbestos containing construction materials are encountered during trenching activities.
• Use clean air vehicles and construction equipment that conform to MBARD’s Tier 3 or 4 emission standards whenever possible.
• Water all active construction areas at least twice daily. Frequency should be based on the type of operation, soil, and wind exposure.
• Prohibit all grading activities during periods of high wind (over 15 mph). • Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days).

During
construction of
the Proposed
Project
King City King City
2 The City’s Public Works Director/City Engineer is primarily responsible for implementing and/or ensuring the implementation of the mitigation measures for the Proposed Project as described in this MMRP.

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• Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut and fill operations and hydro seed area.
• Haul trucks shall maintain at least 2'0" of freeboard. • Cover all trucks hauling dirt, sand, or loose materials. • If/as appropriate, plant tree windbreaks on the windward perimeter of construction projects if adjacent to open land.
• Plant vegetative ground cover in disturbed areas as soon as possible. • All green waste (e.g., trees, shrubs, etc.) shall be disposed of via wood chipping or taken to a landfill instead of burning.
• Cover inactive storage piles.
• Install wheel washers at the entrance to construction sites for all exiting trucks. • Pave all roads on construction sites.
• Sweep streets if visible soil material is carried out from the construction site. • Post a publicly visible sign which specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the Monterey Bay Unified Air Pollution Control District shall be visible to ensure compliance with Rule 402 (Nuisance).
• Limit the area under construction at any one time.
• Limit the pieces of equipment used at any one time.
• Minimize the use of diesel-powered equipment (i.e., wheeled tractor, wheeled loader, roller) by using gasolinepowered equipment to reduce NOx emissions. • Limit the hours of operation for heavy-duty equipment. • Undertake project during non-zone season (November 1 – April 30). • Off-site mitigation
Mitigation Measure AIR-2: Comply with Asbestos ATCM by Obtaining an Approved Asbestos Dust Mitigation Plan or Exemption. VMP-related ground-disturbing activities greater than 1 acre within potential NOA containing areas (specifically areas disturbed acreage along Spreckels Road and the area bounded by Cemetery Road, Metz Road, and San Antonio Drive) will be required to comply with the California Air resources Board’s (CARB) airborne toxic control During
construction of
the Proposed
Project
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measures (ATCM) for NOA. The City and its contractors will prepare and implement an asbestos dust mitigation plan in compliance with the State Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations with the MBARD’s implementation requiring submission of an Asbestos Dust Mitigation Plan Application, which includes a checklist of BMPs that must be implemented. The plan will specify actions to be taken during construction activities to minimize NOA emissions. The plan will also address specific emission sources as identified by the MBARD to be: trackout onto the paved public road; active storage piles; inactive disturbed surface areas and storage piles; traffic on unpaved onsite roads; earthmoving activities; off-site transport of materials; and post-project stabilization of disturbed soil surfaces.

Specific measures to be implemented will include but not be limited to removing visible track out, keeping active storage piles covered or wet, controlling inactive areas or storage piles, maintain trucks and wet loads to prevent spillage, and limit vehicle speeds. The City and its contractors will submit the plan to MBARD for approval prior to implementation, and will not proceed with construction of the Proposed Project until MBARD has approved the plan and proposed BMPs or an exemption is received.

3.4 BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Surveys. If construction occurs between February 1 and September 15, nesting bird survey shall be conducted within 10 days prior to construction/ground disturbance activities. If surveys do not locate nesting birds, construction activities may be conducted. If nesting birds are located, no construction activity shall occur within 100 feet of nests until chicks are fledged. Once construction begins, a qualified biologist will continuously monitor nests to detect behavioral changes resulting from the project. If behavioral changes occur, work causing that change shall cease and the CDFW will be consulted for additional avoidance and minimization measures. If continuous monitoring of identified nests by a qualified wildlife biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250-feet around active nests of non-listed birds and a 500-foot no disturbance buffer around active nests of non-listed raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined that the birds are fledged and are no longer reliant upon the nest or parental care for survival. A preconstruction survey report shall be submitted to the lead agency immediately upon completion of the survey. The report shall detail appropriate fencing or flagging of the buffer zone and make recommendations on additional monitoring requirements. A map of the project site and nest locationsshall be included within the report. The biologist conducting the nesting survey shall have the authority to reduce or increase the recommended buff depending upon site conditions.

Prior to
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-2: Biological Monitoring. A qualified biological monitor shall be present during all earth-disturbing construction activities and draining of treatment ponds associated with construction of the project including, but not limited to, grading, excavations, tilling, draining and dredging. The biologist shall contact a morning clearance survey of the project area each day that ground disturbing activities are proposed. Special status animals (i.e., western spadefoot toad, coast range newt northern California legless lizard, western pond turtle, coast horned lizard and Salinas pocket mouse) captured during surveys or during construction monitoring shall be relocated to the nearest suitable habitat outside of the project area. A letter report shall be submitted to the County and CDFW within 30 days of relocation or asdirected byCDFW.

During
construction of
the Proposed
Project
King City King City
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Mitigation Measure BIO-3: Tricolored Blackbird Surveys. To the extent possible, the Proposed Project construction activities shall be timed to avoid the typical bird breeding season of February 1 through September 15. However, if Project construction activities that could disrupt nesting must take place during that time (i.e., February 1 through September 15), a qualified wildlife biologist shall conduct focused surveys for nesting tricolored blackbird to determine the presence or absence of the species or nesting colonies in the study area." Prior to
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-4: Tricolored Blackbird Colony Avoidance. If an active tricolor blackbird nesting colony is found during surveys, a minimum 300-foot no-disturbance buffer shall be installed and observed in accordance with CDFW requirements until the breeding season has ended or until a qualified biologist has determined that nesting has ceased and the young have fledged and are no longer reliant upon the colony or parental care for survival. It is important to note that tricolored blackbird colonies can expand over time and for this reason, CDFW recommends that an active colony be reassessed to determine its extent within 10 days prior to Project Construction.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-5: Tricolored Blackbird Take Authorization. In the event that a tricolored blackbird nesting colony is observed during survey consultation with CDFW is warranted to discuss whether the project can avoid take and if take avoidance is not feasible, to acquire all necessary permits pursuant to the California Fish and Game Code." Prior to
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-6: Burrowing Owl Preconstruction Surveys. Where suitable habitat is present on or in the vicinity of the project site, a qualified biologist shall conduct focused burrowing owl surveys following the California Burrowing Owl Consortium (1993) “Burrowing Owl Survey and Mitigation Guidelines" and the California Department of Fish and Game "Staff Report on Burrowing Owl Mitigation (2012)". Specifically, these documents suggest three or more surveillance surveys be conducted during daylight hours with each visit occurring at least three weeks apart during the peak breeding season of April 15th to July 15th when the burrowing owls are most detectable. In addition, CDFW advises that surveys include a minimum 500-foot survey radius around the project site.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-7: Burrowing Owl Avoidance. No disturbance buffers as outlined within the California Department of Fish and Game (2012) document noted above, shall be implemented prior to and during any ground disturbing activities and that impactsto occupied burrows be avoided unless a qualified biologist verifiesthrough noninvasive methods that either the birds have not begun egg laying and incubation or that juveniles from the occupied burrows and are foraging independently are capable of independent survival.

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-8: Burrowing Owl Eviction and Mitigation. If burrowing owls are found within these recommended buffers and avoidance is not possible, it is important to note that according to the California Department of Fish and Game (2012), evicting birds from burrows is not a take avoidance, minimization or mitigation method and isinstead considered a potentially significant impact under the California Environmental Quality Act. If it is necessary for the project construction to proceed, CDFW recommends that burrow exclusion be conducted by a qualified biologist Prior to and
during
construction of
the Proposed
Project
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and only during the non-breeding season before breeding behavior is exhibited and aft the burrow is confirmed empty through non-invasive methods such as surveillance. Mitigation in the form of replacement of occupied burrows with artificial burrows at a minimum ratio of one burrow collapsed to one artificial burrow constructed shall be implemented to mitigate the evicting of burrowing owls and the loss of burrows. Burrowing owls may attempt to colonize or recolonize an area that will be impacted. As such, CDFW recommends ongoing surveys at a rate that is sufficient to detect burrowing owl if they return.

Mitigation Measure BIO-9: Focused Least Bell's Vireo Surveys. In order to reduce potential project related impacts to the least bell's vireo, a qualifiedwildlife biologistshall conductsurveysfollowing the survey methodology developed by the U.S. Fish and Wildlife Service (2001) prior to project construction within the project area and a ½ mile buff around the project area. In addition, if project activities take place during the typical breeding season (February 1 through September 15), additional preconstruction surveys for active nests shall be conducted by a qualified biologist no more than 10 days prior to the start of project construction.

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-10: Least Bell's Vireo Buffer. If an active least bell's vireo nest is found during protocol or preconstruction surveys, a minimum 500-foot, no disturbance buff shall be implemented and maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest site or parental care for survival.

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-11: Least Bell's Vireo Nest Avoidance and Habitat Mitigation. In addition to avoiding occupied nests, CDFW recommends that impacts to known nests be avoided at all times of the year. Regardless of nesting status, if potential or known least bell's vireo nesting habitat (i.e., trees) is removed, CDFW recommends it be replaced with appropriate native tree species planted a ratio of 3:1 (replaced to removed) in an area that will be protected in perpetuity. This mitigation will off-set potential impacts of the loss of potential nesting habitat.

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-12: Least Bell's Vireo Take Authorization. If a 500- foot no-disturbance nest buffer is not feasible, consultation with CDFW is warranted and acquisition of required permits may be necessary prior to project construction in order to avoid unauthorized take pursuant to the California Fish and Game Code.

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-13: Preconstruction Survey for the America Badger. A pre-construction survey shall be conducted on the project site in order to locate occupied American badger dens within 100-feet of the Proposed Project site. The survey shall be conducted within 15-days of starting any grading, grubbing or oak tree removal.

Orange construction fencing, or other easily identifiable buff material, shall be installed under the direction of a project biologist in a manner sufficient to protect the dens from construction equipment. A buffer of 50-feet shall be used for occupied non-maternal dens. A buffer of 150- feetshall be installed if the den is determined to be a maternal pupping den. Construction activities shall not commence within the exclusion area until the badger has moved on its Prior to and
during
construction of
the Proposed
Project
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for
Verification of
Compliance
own accord. A pre-construction survey letter report shall be submitted to the City for review within one week after completion of the survey.

Mitigation Measure BIO-14: San Joaquin Kit Fox Surveys and Minimization. A qualified biologist shall conduct surveys to assess for the presence or absence of the San Joaquin kit fox. The survey area will consist of the entire project site and surrounding 500-foot buffer. In addition, recommendations made by the United States Department of Fish and Wildlife Service for the San Joaquin kit fox shall be followed during Proposed Project construction as noted below. The following measures are taken from the U.S. Fish and Wildlife Service’s Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior To or During Ground Disturbance (2011) and shall be implemented as specified below.
• Project-related vehicles shall observe a daytime speed limit of 15 mph throughout the Proposed Project site and all project areas except on County roads and State and Federal highways. This is particularly important at night when kit foxes are most active. Nighttime construction shall be minimized to the extent possible.

However, if it does occur, the speed limit shall be reduced to 10 mph. Off-road traffic outside of designated areas shall be prohibited.
• In order to prevent inadvertent entrapment of Kit foxes or other animals during project construction, all excavated, steep walled holes or trenches more than two feet deep shall be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of earthen fill or wooden planks shall be installed. Before such holes or trenches are filled, they should be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the California Department Fish and Wildlife Service and California Department of Fish and Game shall be contacted.
• Kit foxes are attracted to den-like structures such as pipes and may enter stored pipes or become trapped or injured. All construction pipes, culverts or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the California Fish and Wildlife Service has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved only once in order to remove it from the path of construction activity untilthe kit fox has escaped. • No firearms shall be allowed on the Proposed Project site. • Nopets,suchasdogsorcats,shallbepermittedontheProposed Project site in ordertopreventharassment, mortality of kitfoxes,ordestructionofdens.
• Use of rodenticides and herbicides in the project area shall be restricted in order to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture and other State and Federal legislation as well as additional project-related restrictions deemed necessary by the California Fish and Wildlife Service. If rodent control must be conducted, zinc phosphide should be used because of a proven lower risk to the kitfox.

Prior to and
during
construction of
the Proposed
Project
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• A representative shall be appointed by the project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured or trapped kit fox. The representative will shall be identified during the employee education program and their name and telephone number shall be provided to the California Fish and Wildlife Service. • An employee education program shall be conducted for any project that has anticipated impacts to the kit fox or other endangered species. This program shall consist of a brief presentation by persons knowledgeable in kit fox biology and legislative protection to explain endangered species concerns to contractors, their employees and military and/or agency personnel involved in the project. The program shall include the following: a description of the San Joaquin kit fox and its habitat needs, a report of the occurrence of kit fox in the project area, an explanation of the status of the species and its protection under the Endangered Species Act and a list of measures being taken to reduce impacts to the species during project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the previously referenced people and anyone else who may enter the project site. • Upon completion of the proposed project, all areas subject to temporary ground disturbances, including storage and staging areas, temporary roads, etc. shall be re-contoured if necessary and vegetated to promote restoration of the area to pre-project conditions. An area subject to "temporary" disturbance means any area that is disturbed during construction of the proposed project, but after project completion will not be subject to further disturbance and has the potential to be re-vegetated. Appropriate methods and plant species used to revegetate such areas shall be determined on a site-specific basis in consultation with CDFW and revegetation experts.
• In the case of trapped animals, escape ramps or structure should be installed immediately to allow the animal(s) to escape or the California Fish and Wildlife Service shall be contacted for map guidance. During the site disturbance and/or construction phase, any contractor or employee that inadvertently kills or injures a San Joaquin kit fox or who finds any such animal either dead, injured, or entrapped shall be required to reportthe incidentimmediately to theCity. In theeventthat any observations are made of an injured or dead kit fox, the U.S. Fish and Wildlife Service and CDFW shall be immediately notified by telephone. In addition, for notification shall be provided in writing within three working days of finding any such animal(s).

Notification shall include the date, time, location and circumstances of the incident. Any threatened or endangered species found dead or injured shall be turned over immediately to CDFW for care, analysis or disposition.
• New sightings of San Joaquin kit fox shall be reported to the California Natural Diversity Database (CNDDB). A copy of the reporting form and a topographic map clearly marked with the location of where the kit fox was observed shall also be provided to the U.S. Fish and Wildlife Service.

Mitigation Measure BIO-15: Oak Tree Avoidance and Protection. Native oak trees in and near the Project footprint shall be protected in place. If/as necessary, pruning may be conducted by a licensed Arborist in a manner that would not result in a decrease in tree health. The critical root zones (CRZs) of native oak trees shall be defined as an area of root space equivalent to 1.5 times the radius of the canopy dripline (e.g.: a 10-foot radius canopy has a CRZ of 15-feet around Prior to and
during
construction of
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Compliance
the trunk). Impacts include any ground disturbance within the CRZ, such as grading, trenching, parking vehicles, or staging materials. If appropriate and prior to commencement of construction, protective high visibility fencing shall be installed at the outer limit of the CRZ. The fencing shall be marked with signage indicating No Access – Tree Protection Zone or similar text. Fencing shall be maintained in good condition for the duration of construction. the Proposed
Project
Mitigation Measure BIO-16: Monitoring and As-Built Impact Report. If/as appropriate, a licensed Arborist or qualified Botanist shall inspect and approve any tree protective fencing prior to start of earthwork. If tree protection fencing placed at the limits of the CRZ must be temporarily removed to complete construction activities, an Arborist or Botanist shall be present. If grading or other ground disturbance occurs within oak tree CRZ, or if trimming or pruning of oak tree limbs/branches occur, the tree and area of impact shall be mapped in the field and recorded. Any roots of 1-inch diameter or greater that are exposed during grading that cannot be saved, should be cut clean with a sharp pruning tool or Sawzall.

Treatment of the cut roots is at the discretion of the Arborist. Upon completion of work, an As-built Impact Report will be provided to the City that will include an assessment of impacts that occurred during work. The report will include the number of impacted trees and type of mitigation recommended to reduce impacts to native oak trees (typically replaced at a 2:1 mitigation ratio for impacted oak trees and 4:1 ratio for removed oak trees).

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure BIO-17: Oak Tree Mitigation Plan. As/if appropriate, impacted and removed oaks documented in the As-built Impact Report shall be replaced using the appropriate mitigation ratio and a mitigation plan shall be prepared and approved by the City prior to the conclusion of construction activities. The mitigation plan shall incorporate the most current City standards for mitigating impacts to oak trees. Impacts to native trees with a DBH of 4 inches or greater shall be mitigated by planting additional trees on site. Oaks removed shall be replaced in kind at a 4:1 ratio (i.e., four replacement trees per one removed tree). Oaks impacted shall be replaced in kind at a 2:1 ratio. Removal of individual California bay trees shall be mitigated at a 2:1 ratio (i.e., two replacement trees per one removed tree). Replacement trees shall be a minimum of one gallon in size, of local origin, and of the same species as was impacted. Replacement trees shall be seasonally maintained (browse protection, weed reduction and irrigation, as needed) and monitored annually for at least five years. A mitigation monitoring plan will be prepared that outlines success criteria and provides a timeline for monitoring replacement oak trees. Annual reports will be provided to the City that will include monitoring results and recommendations for tree establishment success.

Prior to and
during
construction of
the Proposed
Project
King City King City

3.5 CULTURAL RESOURCES
Mitigation Measure CR-1: Conduct Pre-construction Survey and Avoidance of Identified Cultural Resources. Prior to and/or during the engineering and final design phase, a qualified professional archeologist or cultural resources specialist will provide a final pre-construction survey of the exact proposed pipeline alignment and placement of the Proposed Project facilities within the proposed construction corridor and ensure that the construction activities of the Proposed Project will not affect known archeological resources within the Project area (i.e., P-27-002322; P-27-002820; P-27-002923; and P-27- 002972) and the four resourceswithin ½-mile of the project area(i.e., P-27-001738; P-27-002613; P-27-002714; and P-27-003958) as identified by NWIC above. In the unlikely event that the Proposed Project could affect these resources, the proposed project facilities shall be constructed in a manner that will avoid damaging these resources. Specifically, the pipeline shall either be installed by avoidance of the resource by realignment of the pipeline or facility around or under the resource(s).

Prior to and
during
construction of
the Proposed
Project
King City King City
WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
12 Table A
Mitigation Monitoring and Reporting Plan
Kling City WWTP and Recycled Water Project
IS/MND
Mitigation Measure Timing Implementation2 Enforcement1
Dated Signature
for
Verification of
Compliance
CR-2: Cultural Resources Education and Monitoring. Prior to excavation and construction on the Project site, the City and its contractor (or any subcontractor(s)) shall be briefed by a qualified archaeologist provided by the City on the legal and/or regulatory implications of knowingly destroying historic or prehistoric cultural resources or removing artifacts such as, but not limited to, prehistoric groundstone, projectile points, shell middens, or debitage, human remains, historic materials such as, but not limited to, bottles or cans and other cultural materials from the project site.

Prior to any soil disturbing activities (especially beyond four feet deep), the qualified archaeologist shall monitor the excavation and be authorized to perform spot check monitoring of subsurface construction for potential cultural resources and analyze and evaluate those artifacts or resources that may be uncovered. The qualified archaeologist will also have the authority to temporarily halt excavation and construction activities in the immediate vicinity (within a 50-meter radius or approximately 164 feet) of a find if significant or potentially significant cultural resources are exposed and/or adversely affected by construction operations.

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure CR-3: Halt Work if Cultural Resources are Discovered. In the event that any prehistoric, archaeological, or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 100-feet of the resources shall be halted and after notification, the City shall consult with a qualified archaeologist to assess the significance of the find. If any find is determined to be significant (CEQA Guidelines 15064.5[a][3] or as unique archaeological resources per Section 21083.2 of the California Public Resources Code), representatives of the City and a qualified archaeologist shall meet to determine the appropriate course of action. In considering any suggested mitigation proposed by the consulting archaeologist in order to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is carried out.

Upon the
discovery of
suspected
human remains
King City King City
The State
Historic
Preservation
Office (SHPO)
Mitigation Measure CR-4: Stop Work if Paleontological Resources are Discovered. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground-disturbing activities, work will stop in that area and within 100-feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with and approval by the City.

Upon discovery
of the
suspected
paleontological
remains
King City King City
Mitigation Measure CR-5: Halt Work if Human Remains are Found. If human remains are encountered during excavation activities conducted for the Proposed Project, all work in the adjacent area shall stop immediately and the Monterey County Coroner’s office shall be notified. If the Coroner determines that the remains are Native American in origin, the Native American Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered human remains and any associated burial goods.

Upon discovery
of the
suspected
human remains
King City King City

3.6 GEOLOGY AND SOILS
WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
13 Table A
Mitigation Monitoring and Reporting Plan
Kling City WWTP and Recycled Water Project
IS/MND
Mitigation Measure Timing Implementation2 Enforcement1
Dated Signature
for
Verification of
Compliance
Mitigation Measure GEO-1: Perform Geotechnical Investigation. The City shall require a design-level geotechnical study to be prepared prior to project implementation to determine proper design and construction methods, including any cathodic protection measures needed for installing the pipelines in these soils.

Prior to
construction of
the Proposed
Project
King City King City

3.7 HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-1: Store, Handle, Use Hazardous Materials in Accordance with Applicable Laws. The City shall ensure that all construction-related and operational hazardous materials and hazardous wastes shall be stored, handled, and used in a manner consistent with relevant and applicable federal, state, and local laws. In addition, construction-related and operational hazardous materials and hazardous wastes shall be staged and stored away from stream channels and steep banks to keep these materials a safe distance from near-by residents and prevent them from entering surface waters in the event of an accidental release.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure HAZ-2: Properly Dispose of Contaminated Soil and/or Groundwater. If contaminated soil and/or groundwater is encountered or if suspected contamination is encountered during project construction, work shall be halted in the area, and the type and extent of the contamination shall be identified. A contingency plan to dispose of any contaminated soil or groundwater will be developed through consultation with appropriate regulatory agencies.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure HAZ-3: Equipment Inspection and Maintenance. The City shall ensure that well-maintained equipment will be used to perform the work, and except in the case of a failure or breakdown, equipment maintenance will be performed off-site. Equipment will be inspected daily by the operator for leaks or spills. If leaks or spills are encountered, the source of the leak will be identified, leaked material will be cleaned up, and the cleaning materials will be collected and properly disposed. Spills, leaks, and other problems of a similar nature will be resolved immediately to prevent unnecessary effects on state and federally listed species and their habitats. A plan for the emergency cleanup of any spills of fuel or other material will be available on site, and adequate materials for spill cleanup will be maintained on site.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure HAZ-4: Fueling Activities. The City will protect state and federally listed species and their habitats from pollution due to fuels, oils, lubricants, and other harmful materials. Vehicles and equipment that are used during the Proposed Project will be fueled and serviced in a manner that will not affect federally listed species or their habitats.

Machinery and equipment used will be serviced, fueled, and maintained on uplands in a “safe” area (i.e., outside of sensitive habitats) and will be located outside of suitable habitats for federally listed species, to prevent contamination.

Fueling equipment and vehicles will be kept more than 200-feet away from aquatic habitats (i.e., waters of the U.S. and Waters of the State), and more than 100-feet away from suitable terrestrial habitats for federally listed species. Exceptions to this distance requirement may be allowed for large cranes, pile drivers, and drill rigs, if they cannot be easily moved.

The City will establish a temporary fuel containment basin if these buffers cannot be maintained. Fueling will be conducted in accordance with procedures to be developed in a Spill Prevention and Pollution Control Plan.

During
construction of
the Proposed
Project
King City King City
WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
14 Table A
Mitigation Monitoring and Reporting Plan
Kling City WWTP and Recycled Water Project
IS/MND
Mitigation Measure Timing Implementation2 Enforcement1
Dated Signature
for
Verification of
Compliance
Mitigation Measure HAZ-5: Equipment Staging. The City shall ensure that no staging of construction materials, equipment, tools, buildings, trailers, or restroom facilities will occur in a floodplain during flood season, even if staging is only temporary.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure HAZ-6: Properly Dispose of Hydrostatic Test Water. Dewatering and of the pipelines during hydrostatic testing during construction as well as any dewatering as a result of operations and maintenance activities shall be discharged to land and not into any creeks, drainages, or waterways and shall require prior approval from the Central Coast Regional Water Quality Control Board.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure HAZ-7: Develop and Maintain Emergency Access Strategies. In conjunction with Mitigation Measure Traffic-1: Develop a Traffic Control Plan identified below in the Traffic and Transportation section, comprehensive strategies for maintaining emergency access shall be developed. Strategies shall include, but not limited to, maintaining steel trench plates at the construction sites to restore access across open trenches and identification of alternate routing around construction zones. Also, police, fire, and other emergency service providers shall be notified of the timing, location, and duration of the construction activities and the location of detours and lane closures.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure HAZ-8: Fire Prevention and Control. The City shall comply with all federal, state, county and local fire regulations pertaining to burning permits and the prevention of uncontrolled fires. As appropriate, the following measures shall be implemented to prevent fire hazards and control of fires:
• Prior to construction, the City shall develop and implement a fire prevention and suppression plan for the Proposed Project for those activities that have a risk of starting a wildfire. • A list of relevant fire authorities and their designated representative to contact shall be maintained on site by City and/or construction personnel.
• Adequate firefighting equipment shall be available on site in accordance with the applicable regulatory requirements.
• The level of fire hazard shall be posted at the construction office (where visible for workers) and workers shall be made aware of the hazard level and related implications. • The City or its contractor shall have sufficient fire suppression equipment to handle any possible fire emergency that could be caused by the Proposed project’s construction activities. As appropriate, this shall include, although not be limited to, water trucks; portable water pumps; chemical fire extinguishers; hand tools such as shovels, axes, and chain saws. Specifically, the City or its contractor shall supply and maintain in working order an adequate supply of fire extinguishers for each crew engaged in potentially combustible work such as welding, cutting, and grinding.

During
construction of
the Proposed
Project
King City King City
WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
15 Table A
Mitigation Monitoring and Reporting Plan
Kling City WWTP and Recycled Water Project
IS/MND
Mitigation Measure Timing Implementation2 Enforcement1
Dated Signature
for
Verification of
Compliance
• All equipment shall be equipped with spark arrestors. • In the event of a fire, the City or its contractor shall immediately use resources necessary to contain the fire.

The City or contractor shall then notify local emergency response personnel. • Any and all tree-clearing activities (if any) are to be carried out in accordance with local rules and regulations for the prevention of forest fires.
• Burning shall be prohibited.
• Flammable wastes shall be removed from the construction site on a regular basis. • Flammable materials kept on the construction site must be stored in approved containers away from ignition sources.
• Smoking shall be prohibited on the construction site, except at designated safe areas with proper cigarette disposal containers.

3.8 HYDROLOGY AND WATER QUALITY
Mitigation Measure HWQ-1: Implement Construction Best Management Practices. To reduce potentially significant erosion and siltation, the City and/or its selected contractor(s) shall obtain a Stormwater Pollution Prevention Permit (SWPPP) and implement Best Management Practices and erosion control measures as required by the Central Coast RWQCB. Best Management Practices to reduce erosion and siltation shall include the following measures: Avoidance of construction activities during inclement weather; limitation of construction access routes and stabilization of access points; stabilization of cleared, excavated areas by providing vegetative buffer strips, providing plastic coverings, and applying ground base on areas to be paved; protection of adjacent properties by installing sediment barriers or filters, or vegetative buffer strips; stabilization and prevention of sediments from surface runoff from discharging into storm drain outlets; use of sediment controls and filtration to remove sediment from water generated by dewatering; and returning all drainage patterns to pre-existing conditions.

Prior to and
during
construction of
the Proposed
Project
King City King City
Mitigation Measure HWQ-2: Implement Recycled Water Best Management Practices. In order to help reduce the potential effects of increased salt loading potential as a result of using recycled water, the City shall:
• Ensure that water is applied consistent with Title 22 requirements and in amounts (frequency and intensity) which meet the demands of the plant (agronomic rates), but not in excessive amounts such that salts buildup in the soil beyond the root zone and/or otherwise are leached to groundwater; • Ensure that adequate soil drainage is maintained;
• Ensure that salt-sensitive plants are not to be sprayed wet; and • Addressing sodium and alkalinity concerns through addition of water and soil amendments, including addition of gypsum.

During
construction of
the Proposed
Project
King City King City
WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
16 Table A
Mitigation Monitoring and Reporting Plan
Kling City WWTP and Recycled Water Project
IS/MND
Mitigation Measure Timing Implementation2 Enforcement1
Dated Signature
for
Verification of
Compliance
• Monitor the groundwater TDS levels both upstream and downstream of the City and WWTP and Report results to the Central Coast RWCB on a quarterly and annual basis.

3.11 NOISE
Mitigation Measure NOI-1: Limit Construction Hours. Construction activities will be limited to the least noisesensitive times and will comply with the City noise ordinances. Construction, alteration, repair or land development activities within the downtown business and residential area(s) shall be allowed on weekdays between the hours of 7 a.m. and 5 p.m., on Saturdays between the hours of 8 a.m. and 5 p.m. No construction shall be permitted on Sundays. Due to having no nearby sensitive receptors, construction, alteration, repair or land development activities at the WWTP area shall be allowed seven days a week between the hours of 6 a.m. and 7 p.m. No construction outside of these windows shall occur without prior written permission/authorization from the Public Works Director.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure NOI-2: Locate Staging Areas away from Sensitive Receptors. The City’s construction specification shall require that the contractor select staging areas as far as feasibly possible from sensitive receptors.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure NOI-3: Maintain Mufflers on Equipment. The City’s construction specifications shall require the contractor to maintain all construction equipment with manufacturer’s specified noise-muffling devices.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure NOI-4: Idling Prohibition and Enforcement. The City shall prohibit and enforce unnecessary idling of internal combustion engines. In practice, this would mean turning off equipment if it will not be used for five or more minutes.

During
construction of
the Proposed
Project
King City King City
Mitigation Measure NOI-5: Equipment Location and Shielding. Locate all stationary noise-generating construction equipment such as air compressors and standby power generators as far as possible from homes and businesses.

During
construction of
the Proposed
Project
King City King City

3.16 TRAFFIC AND TRANSPORTATION
Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan. As is consistent with existing policy, the City shall require the contractor to prepare and implement effective traffic control plans to show specific methods for maintaining traffic flows. Examples of traffic control measures to be considered include: 1) use of flaggers to maintain alternating one-way traffic while working on one-half of the street; 2) use of advance construction signs and other public notices to alert drivers of activity in the area; 3) use of “positive guidance” detour signing on alternate access streets to During
construction of
the Proposed
Project
King City King City
WWTP and Recycled Water Project King City
Mitigation Monitoring and Reporting Program
17 Table A
Mitigation Monitoring and Reporting Plan
Kling City WWTP and Recycled Water Project
IS/MND
Mitigation Measure Timing Implementation2 Enforcement1
Dated Signature
for
Verification of
Compliance
minimize inconvenience to the driving public; 4) provisions for emergency access and passage; and 5) designated areas for construction worker parking.

Mitigation Measure TRA-2: Return Roads to Pre-construction Condition. Following construction, the City shall ensure that road surfaces that are damaged during construction are returned to their pre-construction condition or better.

After
construction of
the Proposed
Project
King City King City

3.17 TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-1: Notify and Invite Local Native American Tribes to be Present During Project Construction Activities. The City shall notify and invite the Xolon Salinan Tribe, Indian Canyon Band of Costanoan Ohlone People, and all of the identified Native American Tribes within the Project Area that requested to be present during the construction of the Proposed Project. The Tribes would be responsible for their own expenses for any and all monitoring services performed by them.

Prior to
construction of
the Proposed
Project
King City King City
Mitigation Measure TCR-2: Halt Work if Tribal Cultural Resources are Discovered. In the event that any tribal cultural resources are discovered during ground disturbing activities, all work within 100-feet of the resources shall be halted and after notification, the City shall consult with a qualified archaeologist and local tribes to assess the significance of the find. If any find is determined to be significant as a unique tribal cultural resource, the City shall treat the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including to, but not limited to, the following:
• Protecting the cultural character and integrity of the resource; • Protecting the traditional use of the resource; and
• Protecting the confidentiality of the resource.

In considering any suggested mitigation proposed by the consulting archaeologist and/or the appropriate tribe in order to mitigate impacts to any tribal cultural resources find, the City shall determine whether avoidance is feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted and coordinated with the appropriate tribe(s). Work may proceed on other parts of the project site while mitigation measures for tribal cultural resources or other unique archaeological resources are carried out.

During
construction of
the Proposed
Project
King City King City
Exhibit 5
01222.0024/891815.1 1
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING APPROVING THE

AMENDED WASTEWATER TREATMENT PLAN AND RECYCLED WATER PROJECT

AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORT PLAN FOR THE KING CITY WASTEWATER TREATMENT PLAN AND RECYCLED WATER PROJECT (SCH NO. 2023030751) WHEREAS, the City’s current Wastewater Treatment Plant (WWTP) is outdated and in need of expansions; and
WHEREAS, on September 12, 2017, the City Council (Council) approved a Master Plan for the City’s wastewater collection system and a Facility Plan for the WWTP; and WHEREAS, the improvements proposed in 2017 would result in the construction of a new (upgraded) wastewater treatment facility intended to comply with new discharge requirements, produce unrestricted re-use quality recycled water and provide adequate treatment capacity for the next 20 years; and
WHEREAS, in 2020, an Initial Study (IS) was prepared in accordance with the California Environmental Quality Act (CEQA) on the 2017 Wastewater Treatment Plan Improvement Project (2017 Project) design which involved the construction of a new wastewater treatment facility intended to comply with new discharge requirements, produce unrestricted re-use quality recycled water and provide adequate treatment capacity for the next 20 years and involve: 1) the construction of new wastewater treatment facilities which will provide 1.3 million gallons per day (mgd) of secondary treatment capacity after completion of Phase I of construction with an ultimate total facility capacity of 1.7 to 2.2 mgd; and staff concluded that a Mitigated Negative Declaration (MND) would be applicable to the 2017 Project; and
WHEREAS, the first public review period on the 2020 IS/MND was from April 28, 2021 to May 27, 2021 with letters received from the Monterey Bay Air Resources District (MBARD) and the California Fish and Wildlife (F&W) Department; and WHEREAS, after conducting additional biological studies and responding to comments, the 2020 IS/MND was re-circulated for public review (SCH No. 2021050084); and
WHEREAS, the City desires to expand the description of the 2017 Project to include and approve the Wastewater Treatment Plan and Recycled Water Project to add purple pipes throughout the City and replace the existing WWTP headworks/ponds treatment system and construct a 2.0 mgd maximum month secondary wastewater treatment plant that meets regulatory requirements and planned area growth; construct a

1.8 mgd average day tertiary recycled water treatment plant; construct approximately 5.3- mile pipeline distribution system potable and agricultural water use in the community; and to construct supporting infrastructure; and
01222.0024/891815.1 2
WHEREAS, in September 2021, the California Regional Water Quality Control Board, Central Coast Region adopted a new General Order regulating municipal wastewater treatment facilities of 100,000 gallons per day capacity and larger, and as a result of the new General Order, the 2017 Project was modified and expanded to include additional recycling “purple” pipes throughout the City; and WHEREAS, on July 12, 2022, the Council authorized awarding a contract to Carollo Engineering to expand the design of the Wastewater Treatment Plant Project to include a recycled water component; and
WHEREAS, to reflect the expanded design, and pursuant to CEQA (Cal. Pub. Res.

Code § 21000 et. seq) and the State Guidelines (14 Cal. Code Regs § 15000 et. seq), a new IS/MND was prepared and routed for public review; and WHEREAS, on February 22, 2023, a Tribal Consultation letter pursuant to AB 52 and Section 102 was sent to several Native America Tribes, and on February 24, 2023, the Xolon Salinan Tribe sent a letter requesting additional information the requested information was provided by the City and environmental consultant on March 29, 2023; and
WHEREAS, on March 29, 2023, a Notice of Completion (NOC) and Notice of Availability (NOA) on the Draft IS/MND were filed with the State Clearinghouse and County of Monterey and released for a thirty (30) day review period, and the review period was from March 20, 2023 to May 1, 2023, attached as Exhibit 1- Public Review Draft IS/MND (SCH #2023030751); and
WHEREAS, the IS/MND concluded that the Wastewater Treatment Plan and Recycled Water Project would not have a significant effect on the environment because revisions to the Wastewater Treatment Plan and Recycled Water Project and/or mitigation measures can be made to reduce the level to less than significant; and WHEREAS, the IS/MND includes mitigation measures and a Mitigation Monitoring and Reporting Plan; and
WHEREAS, on May 23, 2023, the Council of the City of King considered and approved the amended Wastewater Treatment Plan and Recycled Water Project, and the Draft IS/MND, Final MND, and Mitigation Monitoring and Reporting Plan, attached as Exhibit 1.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of King as follows:

1. Recitals. The City Council finds that the recitals are true and correct, and incorporates the same herein as if set forth in full.
01222.0024/891815.1 3

2. CEQA Findings. The City Council finds and determines that there is no substantial evidence in the record that the Wastewater Treatment Plan and Recycled Water Project may have a significant effect on the environment as identified by the updated MND. The City Council finds that an Environmental Assessment/Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines, and reflects the Council’s independent judgement and analysis. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed Project could have a potentially significant effect on the environment, based on its independent judgement and analysis, the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where no significant effect on the environment will occur, and there is no substantial evidence in the record that this Project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The project-specific mitigation measures included in the project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment. As such, the City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the Project has been adequately environmentally assessed as required by CEQA.

3. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council approves and adopts a Mitigated Negative Declaration (SCH No. 2023030751) for the Project (Exhibit 1), included the associated Mitigation Monitoring and Reporting Program (Exhibit 1), as the Project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The City of King Community Development Department located at 212 S. Vanderhurst Avenue, King City CA, is designated as the custodian of the documents and other materials that constitute the record of proceedings upon which the decision is based. The City Council authorizes the Director, or designee, to execute and file with the Monterey County Clerk, as appropriate, a Notice of Determination for approval of the project. The Wastewater Treatment Plan and Recycled Water Project Mitigated Negative Declaration, which consists of the Initial Study/Draft Mitigated Negative Declaration, Comments and Responses to Comments, and the Mitigation Monitoring and Report Program, was completed in accordance with the requirements of the CEQA, and the CEQA Guidelines (Exhibit 1).

4. Project Findings. The City Council finds that the Project is consistent with the City’s General Plan.
01222.0024/891815.1 4

5. Project Approved. For all the foregoing reasons, and each of them, the City Council approves Wastewater Treatment Plan and Recycled Water Project.

6. Effective Date. This Resolution shall become effective immediately.

PASSED AND ADOPTED by the City Council of the City of King on 23rd May 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mike LeBarre, Mayor
ATTEST:
____________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
_______________________
Roy Santos, City Attorney

King City City CouncilMay 23, 2023

King City City Council
May 23, 2023