APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
A RESOLUTION:
1. ADOPTING THE CITY OF OAKLAND VEGETATION
MANAGEMENT PLAN (“VMP”), WHICH: (A) DESCRIBES THE
ACTIONS THAT THE OAKLAND FIRE DEPARTMENT (“OFD”) WILL
TAKE OVER THE 10-YEAR PLAN TIMEFRAME TO REDUCE FIRE
HAZARD ON APPROXIMATELY NINETEEN HUNDRED AND
TWENTY-FOUR (1,924) ACRES OF CITY-OWNED LAND AND ALONG
THREE HUNDRED AND EIGHT (308) MILES OF ROADWAY IN THE
CITY OF OAKLAND’S DESIGNATED VERY HIGH FIRE HAZARD
SEVERITY ZONE (“VHFHSZ”), (B) MEETS OFD’S STATED GOALS OF
REDUCING WILDFIRE HAZARD ON CITY -OWNED LAND AND
ALONG CRITICAL ACCESS/EGRESS ROUTES, THEREBY REDUCING
THE LIKELIHOOD OF IGNITIONS AND EXTREME FIRE BEHAVIOR
TO ENHANCE PUBLIC AND FIREFIGHTER SAFETY, (C) AVOIDS OR
MINIMIZES IMPACTS TO NATURAL RESOURCES, AND (D)
CONTRIBUTES TO REGIONAL EFFORTS TO REDUCE WILDFIRE
HAZARD IN THE OAKLAND HILLS; AND
2. CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR
THE VMP THAT ANALYZES THE VMPS’S POTENTIAL SIGNIFICANT
IMPACTS AND MAKES CERTAIN FINDINGS CONCERNING
ENVIRONMENTAL IMPACTS, MITIGATION MEASURES, AND
ALTERNATIVES, AND ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM, ALL IN ACCOR DANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”).
WHEREAS, the series of historic wildfires throughout California and the Western United States in recent years demonstrates that the impacts of global climate change will continue to have potentially devastating local effects throughout the Oakland hills and region; including habitat destruction, loss of life, economic impacts, infrastructure damage, and public health hazards associated with air quality; and
3 WHEREAS, since 1923, more than a dozen major wildfires have impacted the Oakland hills, resulting in extensive damage, economic harm, and loss of life. Most notably, the 1991 Oakland/Berkeley firestorm burned over 1,500 acres, destroyed more than 3,000 homes, caused the deaths of 25 people, and injured over 150 people; and
WHEREAS, most of the Oakland hills fall within High or Very High Fire Hazard Severity Zones (“VHFHSZ”), as designated by the California Department of Forestry and Fire Protection), where vegetation must be actively managed to reduce the threat and devastating effects of future wildfires; and
WHEREAS, the VHFHSZ in the Oakland hills includes areas described as the Wildland Urban Interface (“WUI”), steep and varied terrain, hill slope development, and limited accessibility for emergency responders; and
WHEREAS, the Vegetation Management Plan (“VMP”), which is available for review at: https://cao-94612.s3.us-west-2.amazonaws.com/documents/ER23007_Att.-D-Revised- Vegetation-Management-Plan-Copy.pdf, covers more than 1,900 acres of City property plus treatment areas along approximately 300 miles of roadside. Vegetation management activities conducted on these lands currently include goat grazing on nine sites covering approximately 1,300 acres, vegetation clearing along 16 roadways (58 miles), monitoring for vegetation clearance along approximately 300 miles of road within the VHFHSZ (16.5 square miles), and brush clearance on critical City-owned properties (~332 acres); and
WHEREAS, the Oakland Fire Department (“OFD”) has been actively managing vegetation on City-owned property since 2003 to minimize wildfire hazard in the VMP area, utilizing various techniques, including grazing, hand crews, and limited mechanical treatments.
Goats have been used in large treatment areas, on City park land and open space where manual labor is cost-prohibitive or areas are inaccessible to mowing equipment or too steep for hand crews; and
WHEREAS, OFD has historically used hand labor to manage vegetation on urban and residential parcels, roadsides, and small treatment areas within larger parks or open space areas.
Mechanical equipment has also been used, typically to grade or disk fire trails, reduce ladder fuels (e.g., removing small trees), control highly flammable/rapidly spreading species, reduce surface fuels (e.g., mowing grasses), chip and spread trimmings and down material, thin vegetation, and maintain reduced or target fuel loads; and
WHEREAS, between 2004 and 2017, OFD conducted vegetation management activities throughout the Wildfire Prevention Assessment District ( “WPAD”), a City-funded special assessment district that coincides with the City’s VHFHSZ. This district financed the costs and expenses related to vegetation management, yard waste disposal, wildfire prevention education, and fire patrols in the Oakland hills; and
WHEREAS, the WPAD was disbanded in June, 2017. Although OFD has continued to conduct vegetation management activities on City-owned properties and along roads since 2017, due to funding constraints, these vegetation management activities have been conducted to a lesser degree than when the WPAD was in place, which results in increased fire risk; and
4 WHEREAS, development of the VMP includes a detailed field assessment of wildfire hazard, which was used to identify and classify existing vegetation community and land cover types into fuel models, and map areas with high ignition potential or where extreme wildfire behavior would be expected given current terrain and fuel conditions; and
WHEREAS, development of the VMP also included assessment and processing of geographic information system (GIS) datasets for variables influencing wildfire hazards in the VMP area, coordination with OFD personnel, fire behavior modeling, and significant public and stakeholder outreach to better understand current vegetation management activities and needs in the VMP area; and
WHEREAS, the VMP area encompasses City-owned parcels and areas within 30 feet of the edge of roadsides located within the City’s VHFHSZ, as designated by the California Department of Forestry and Fire Protection (“CAL FIRE”) and defined in Section 4904.3 of the Oakland Fire Code (Oakland Municipal Code Chapter 15.12). The VMP area also encompasses the area within 30-100 feet of the edge of roadsides in the City’s VHFHSZ where dead and dying trees (as determined by a Certified Arborist, Licensed Forester, or Fire Safety Expert) are present on City-owned property and could strike the road if they fell; and
WHEREAS, as described in Section 9 of the VMP, the goal of fuel treatment is to alter the structure, composition, and spacing of retained v egetation to moderate potential fire behavior. Retained vegetation can reduce wind exposure, retain soil and surface fuel moisture, and reduce the potential for soil erosion; and
WHEREAS, implementation of the VMP would involve thinning, pruning, removal, and otherwise modification of trees and vegetation within the VMP area to reduce the likelihood of a wildfire occurring and to minimize/slow the spread of a wildfire, should one occur; and
WHEREAS, the City has identified the following primary goals to guide the preparation and implementation of the VMP: (1) Reduce wildfire hazard on City-owned land and along critical access/egress routes within the City’s designated VHFHSZ; (2) Reduce the likelihood of ignitions and extreme fire behavior to enhance pu blic and firefighter safety; (3) Implement practices to avoid or minimize impacts to natural resources; and (4) Maintain an active role in regional efforts to reduce wildfire hazards in the Oakland hills; and
WHEREAS, the goals, objectives, and recommendations identified in the VMP are based on a combination of evaluating existing field conditions and current vegetation and fire risk conditions at City parcels; analyzing spatial datasets of environmental and wildfire risk factors in a GIS; conducting GIS-based analysis and modeling to identify areas that may be subject to extreme fire behavior; identifying locations within the VMP area that may present increased ignition potential or otherwise contribute to increased fire hazard; and receiving feedback and guidance from many stakeholders through various meetings, site visits, and written comments; and
WHEREAS, the development of the VMP will not only allow the City to adequately respond to and mitigate fire risks in the Oakland hills, but the development of a strategic plan for vegetation management may also lead to other funding opportunities to help pay for these efforts either through a new WPAD or other funding mechanisms; and 5 WHEREAS, the Council hereby considers the proposed VMP for adoption together with the Environmental Impact Report (“EIR”) that considers the environmental impacts of the VMP consistent with the California Environmental Quality Act (“CEQA”), and
WHEREAS, the path to this proposed formal adoption of the VMP has been extensive over the course of several years, with the effort to engage the community being sincere and consistent and the attention to feedback and detail being the focus in moving the proposed VMP forward; and
WHEREAS, on November 1, 2019, a Notice of Preparation of an EIR (“NOP”) for the Draft VMP was prepared in accordance with the CEQA Guidelines Section 15082 and was circulated to the Office of Planning and Research’s State Clearinghouse. The original scoping period, which ended on December 2, 2019, was extended to December 12, 2019, for a total of 41 days. The NOP is included in Appendix B of the prior DEIR (“2020 DEIR”); and
WHEREAS, to provide the public, as well as responsible and trustee agencies, an opportunity to ask questions and submit comments on the Draft VMP and the scope of the 2020 DEIR, the City held a scoping meeting on Wednesday, November 20, 2019; and
WHEREAS, comments received during the public scoping period were considered in the City’s CEQA evaluation and are summarized in Appendix B of the prior 2020 DEIR; and
WHEREAS, the prior 2020 DEIR was released for a 45-day public review and comment period on November 24, 2020. The public review period allowed the public an oppo rtunity to provide input to the lead agency on the prior 2020 DEIR.
WHEREAS, on December 16, 2020, the City Planning Commission agreed to extend the public comment period by fifteen (15) days from January 7, 2021, to January 22, 2021, for a total of sixty (60) days. The City also conducted a public meeting on the prior 2020 DEIR on December 16, 2020; and
WHEREAS, as a result of comments received on the prior 2020 DEIR, the City revised the Draft VMP to respond to and incorporate measures and recommendations fr om those comments. The prior 2020 DEIR was then revised and updated to the “Recirculated DEIR,” which evaluates changes to the VMP that arose from public comments; and
WHEREAS, the City prepared the Recirculated DEIR to disclose environmental impacts associated with the changes to the VMP. The City published the Recirculated DEIR on September 20, 2023, for a 45-day public comment period that ended on November 4, 2023. The City hosted one public meeting before the Planning Commission on November 1, 2023, at which time oral comments were received on the Recirculated EIR; and
WHEREAS, CEQA requires the lead agency to prepare a Final EIR (“FEIR”) that addresses all substantive comments received on the 2020 DEIR and Recirculated DEIR before approving a project that could have significant impacts on the environment. The FEIR must include a list of all individuals, organizations, and agencies that provided comments on the DEIR 6 and must contain copies of all comments received during the public review period along with the lead agency’s responses; and
WHEREAS, the FEIR, which is available at https://www.oaklandca.gov/projects/oaklan d-vegetation-management-plan, was available to the public and public agencies that provided comments at least ten (10) days prior to certifying the FEIR. At the close of the 10-day public agency review period, City Staff hereby recommends the City Council certifies the FEIR; and
WHEREAS, the City Council has reviewed the FEIR, considered City Staff’s recommendations, public testimony and public record, and hereby decides to certify the FEIR and adopt the VMP; and
WHEREAS, for significant impacts identified in the EIR that cannot be mitigated, findings of fact and a statement of overriding considerations must be included in the administrative record of approval, and are thus included in the CEQA Findings at Exhibit A attached hereto, for the VMP and, upon certification of the EIR and approval of the VMP, mentioned in the Notice of Determination (“NOD”) to be filed with Office of Planning and Research (“OPR”) and at the Office of the Alameda County Clerk pursuant to CEQA Guidelines section15093(c); and
WHEREAS, at its May 14, 2024 meeting, the Public Safety Committee of the City Council considered the VMP and Recirculated EIR and resulting FEIR and recommended that the City Council certify the EIR and adopt the VMP; and
WHEREAS, the City Council held a meeting on May 21, 2024 to review and consider the adoption of the VMP and certification of the EIR; and
WHEREAS, the VMP webpage on the City’s website, available at: https://www.oakland ca.gov/projects/oakland-vegetation-management-plan, includes extensive information on the timeline, progression and documents published throughout this process from 2017-present, including the VMP, 2020 and Recirculated DEIRs, and FEIR; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES HEREBY ORDAIN AS FOLLOWS:
RESOLVED: That the City Council finds and determines that the foregoing recitals to be true and correct and an integral part of the City Council’s decision, and hereby adopts said recitals as Findings in addition to the CEQA Findings at Exhibit A attached hereto; and be it
FURTHER RESOLVED: That the City Council, as the independent decision-making body for the lead agency, has independently reviewed, considered, and analyzed the VMP, the EIR, and its environmental findings; and be it
FURTHER RESOLVED: That the City Council hereby adopts the VMP, available at the following link: https://cao-94612.s3.us-west-2.amazonaws.com/documents/ER23007_Att.-D- Revised-Vegetation-Management-Plan-Copy.pdf and available by hand-copy at OFD, and further finds and determines that the public safety, health, convenience, comfort, prosperity and general welfare will be furthered by the adoption of the VMP; and be it 7 FURTHER RESOLVED: That the City Council, as the final decision-making body for the lead agency, hereby confirms, adopts and incorporates by reference into this Resolution (as if fully set forth herein) all the CEQA findings attached hereto at Exhibit A including rejecting alternatives as infeasible and adopting a Statement of Overriding Considerations, prior to taking action in adopting the VMP and EIR certification; and be it
FURTHER RESOLVED: That the City Council hereby certifies that the VMP EIR has been prepared in accordance with CEQA and adopts and certifies said EIR; and be it
FURTHER RESOLVED: That the City Council adopts and incorporates by reference into this Resolution as if fully set forth herein, as conditions of approval of the VMP and EIR, the Mitigation Monitoring and Reporting Program (“MMRP”) contained in Attachment A to Exhibit A (Attachment A to City’s CEQA Findings); and be it
FURTHER RESOLVED: That the record before this City Council relating to these actions include, without limitation, the following:
1. The VMP, with accompanying maps, papers and appendices;
2. all final staff reports, final decision letters and other final documentation and information produced by or on behalf of the City, including without limitation the EIR and supporting technical studies and appendices, and all related/supporting final materials, and all final notices relating to the VMP and EIR;
3. The City Council’s formal CEQA Findings, attached hereto at Exhibit A;
4. The MMRP, which can be found at Appendix A to the EIR and at Attachment A to Exhibit A;
5. all oral and written evidence received by the City Planning Commission, Public Safety Committee of the City Council, and City Council during the public hearings; and all written evidence received by the relevant City Staff before and during the public meetings; and
6. all matters of common knowledge and all official enactments and acts of the City, such as: (a) the General Plan; (b) Oakland Municipal Code; (c) Oakland Planning Code; (d) other applicable City policies and regulations; and (e) all applicable State and Federal laws, rules and regulations; and be it
FURTHER RESOLVED, that the City Council hereby authorizes the City Administrator or designee to make non-substantive, technical conforming changes (essentially correction of typographical and clerical errors and minor clarifications) to the VMP and/or this Resolution prior to formal publication, without returning to the City Council; and be it
FURTHER RESOLVED, that nothing in this Resolution shall be interpreted or applied to create any requirement, power, or duty in conflict with any Federal or State law; and be it 8 FURTHER RESOLVED: that the provisions of this Resolution, the adopted VMP, the CEQA Findings, or the certified EIR are severable. If a court of competent jurisdiction determines that a word, phrase, clause, sentence, paragraph, subsection, section, Chapter or other provision is invalid, or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions of these documents (that can be given effect without the invalid provision or application) and the application of those provisions to other persons or circumstances are not affected by that decision. The City Council declares that the City Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution; and be it
FURTHER RESOLVED: That the custodians and locations of documents, records, findings, environmental review documents, or other materials which constitute the record of proceedings upon which the City Council based their decision are respectively: (a) the Oakland Fire Department – 150 Frank H. Ogawa Plaza Suite 3354, Oakland, California 94612, and (b) the Office of the City Clerk, One Frank H. Ogawa Plaza, 1st Floor, Oakland, California 94612; and be it
FURTHER RESOLVED: That the City Administrator or designee is authorized to file a Notice of Determination (“NOD”) with the Clerk of the County of Alameda and any other appropriate agencies following the adoption of this Resolution.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
2646873v9 / bpm rev 4-30-24
9 EXHIBIT A
CITY’S CEQA FINDINGS
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 1
1 THE CITY OF OAKLAND’S CEQA FINDINGS:
Certification of the EIR, Rejection of Alternatives and Statement of Overriding Considerations In Support of Approval of the Oakland Vegetation Management Plan
I. INTRODUCTION
These findings are made pursuant to the California Environmental Quality Act (Pub. Res. Code section 21000 et seq; “CEQA”) and the CEQA Guidelines (Cal. Code Regs. title 14, section 15000 et seq.) by the City Council of the City of Oakland in connection with the Environmental Impact Report (“EIR”) prepared for the Oakland Vegetation Management Plan (“VMP”), with State Clearinghouse Number (“SCH #”): 2019110002.
These CEQA findings are attached and incorporated by reference into each and every staff report and resolution associated with the City Council’s approval of the VMP.
These findings are based on substantial evidence in the entire administrative record, and references to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.
II. PROJECT DESCRIPTION
1. The VMP Area: The VMP area encompasses City-owned parcels and areas within 30 feet of the edge of roadsides located within the City’s VHFHSZ, as designated by the California Department of Forestry and Fire Protection (“CAL FIRE”) and defined in Section 4904.3 of the Oakland Fire Code (Oakland Municipal Code Chapter 15.12).
Specifically, as shown in Figure ES-1 or the Recirculated DEIR, the area also encompasses the area within 30-100 feet of the edge of roadsides in the City’s VHFHSZ where dead and dying trees (as determined by a Certified Arborist, Licensed Forester, or Fire Safety Expert) are present on City-owned property and could strike the road if they fell. As described in Section 9 of the VMP, the goal of fuel treatment is to alter the structure, composition, and spacing of retained vegetation to moderate potential fire behavior. Retained vegetation can reduce wind exposure, retain soil and surface fuel moisture, and reduce the potential for soil erosion. Specifically, as shown in Figure ES-1, the VMP area includes 419 City-owned parcels, ranging in size from <0.1 acre to 235 acres and totaling 1,924 acres. For VMP planning purposes, parcels have been divided into the following categories: urban and residential, canyon areas, ridgetop areas, City park lands and open space, other areas, and road medians. The VMP also includes roadside areas along 308 miles of road within the City’s VHFHSZ, including surface and arterial streets, State Routes (SRs) 13 and 24, and Interstate 580 (I-580). The below table summarizes the categories, sizes, and quantities of City- owned parcels in the VMP area.
City parks, recreational and open space areas considered in the VMP include Beaconsfield Canyon, Garber Park, Dimond Canyon Park, Shepherd Canyon Park, Leona Heights Park, North Oakland Regional Sports Complex, Grizzly Peak Open Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 2
2 Space, City Stables, Sheffield Village Open Space, Knowland Park and Arboretum, King Estate Open Space Park, Joaquin Miller Park, Tunnel Road Open Space, Marjorie Saunders Park, and Oak Knoll.
2. City-owned Parcels within the VMP Area
Parcel Category Quantity Total Acreage
Urban and Residential 152 51.2
Canyon Areas 89 188.7
Ridgetop Areas 11 130.2
City Park Lands and Open Space 91 1,552.9
Other Areas* 43 24.5
Medians 33 6.1
Total: 419 1,923.6
* Other areas are developed City-owned properties in the VMP area that include fire stations (nos. 6, 7, 21, 25, and 28), City facilities (parking lots, police stations), paved areas, and parks and playgrounds.
The pattern of development and land uses within the VMP area (and VHFHSZ) creates conditions that can be described as representing either a wildland urban interface or a wildland urban intermix. Areas where urban development abuts vegetative fuels are known as the wildland urban interface (“WUI)”. This condition exists within the VMP area where structures abut City parklands and open space.
Areas where the density of housing units and structures is lower and/or the space between structures consists of vegetative fuels capable of propagating fire are more typically characterized as a wildland urban intermix (Intermix). This condition exists throughout the VMP area, most commonly where smaller undeveloped lots covered by vegetative fuels are situated between structures.
3. Project Goals and Objectives: The CEQA Guidelines call for the identification of objectives sought by a proposed project (CEQA Guidelines Section 15124[b]). A statement of objectives helps convey the reasons for considering approval of the VMP, including its intended benefits, and guides the development of a reasonable range of alternatives to evaluate in the EIR.
The City has identified the following primary goals for the VMP:
a. Reduce wildfire hazard on City-owned land and along critical access/egress routes within the City’s VHFHSZ;
b. Reduce the likelihood of ignitions and extreme fire behavior to enhance public and firefighter safety;
c. Implement practices to avoid or minimize impacts to natural resources; d. Maintain an active role in regional efforts to reduce wildfire hazard in the Oakland hills;
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 3
3 The objectives of the VMP are as follows:
e. Reduce the likelihood of catastrophic wildfires by limiting ignition potential, reducing fuel loads, and modifying fuel arrangements on City- owned lands;
f. Reduce the likelihood of extreme fire behavior within the VMP area; g. Identify and define vegetation management actions that consider site- specific vegetation type, fuel hazard, treatment effectiveness, and ongoing maintenance requirements;
h. Identify and prioritize fuel treatment areas based on fuel loads and arrangements, terrain, topographic exposure, and proximity to roads and structures;
i. Retain vegetation where feasible to reduce wind exposure, retain soil and surface fuel moisture, and reduce the potential for soil erosion; j. Develop management recommendations that enable OFD to make informed, adaptive decisions on an annual basis (or more often as necessary) regarding vegetation management within the VMP area, considering the benefits of treatment, potential environmental effects, and treatment costs; k. Avoid, minimize, and/or reduce potential adverse effects of vegetation management on sensitive biological resources, water resources, aesthetics, soils, and slope stability;
l. Increase the ability of OFD and other responding agencies to suppress wildfire in the VMP area in order to minimize wildfire impacts to VMP area resources;
m. Routinely evaluate the effectiveness and implementation frequency of vegetation management actions within the VMP area.
4. Different Vegetation Management Techniques Evaluated: Different vegetation management techniques may be more effective at reducing, removing, or altering vegetation, depending on vegetation type, location, condition, and site configuration.
Given the dynamic nature of vegetation, a single treatment technique or management approach may not be appropriate for one site over time; therefore, an adaptive approach that provides more flexibility to adjust and select management techniques based on conditions on the ground is the preferred long-term approach. The goal remains to maintain vegetation conditions in accordance with the desired vegetation management standards, but the specific methods may evolve over time. Four categories of vegetation management techniques are proposed for use under the VMP:
a. Biological Techniques (Grazing) – Grazing is the primary biological vegetation management technique that uses livestock (e.g., goats, cattle, sheep) to reduce the fuel loading of live herbaceous growth, shrubs, and new growth of trees and prevent the expansion of brush/scrub into grasslands. Grazing is an effective Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 4
4 method in large treatment areas where manual labor would be cost-prohibitive as well as in areas that are inaccessible to mowing equipment or in areas too steep for hand crews. Typically, grazing is conducted from late spring through the end of summer to reduce fine fuels prior to the onset of peak fire season. Grazing management plans consider site-specific conditions, specify management objectives and standards, and identify animal stocking rates and use leve ls (typically measured in pounds per acre of residual dry matter), grazing season, and monitoring requirements and performance criteria.
b. Hand Labor Techniques – Hand labor techniques involve pruning, cutting, or removing trees, shrubs, and grasses by hand or using handheld equipment. Other hand labor treatments involve bark pulling, removing dead wood and litter, and mulching. Hand labor allows for selective management, pruning, thinning, or removal of targeted vegetation and is most effective for spot application on small areas or areas with difficult access or areas with sensitive species. The use of hand labor is focused on reducing ladder fuels, controlling highly flammable/rapidly spreading species (e.g., French broom), reducing surface fuels (e.g., g rasses, weeds, down material), thinning vegetation, maintaining fuel loads, and pruning tree canopies. Compared to other vegetation management techniques, hand labor techniques typically have a lower potential for adverse environmental effects because the work is specifically targeted and implemented, although heavy foot traffic associated with hand labor can result in surface soil compaction and increase erosion potential.
c. Mechanical Techniques – Mechanical techniques include fuel reduction methods that use motorized heavy equipment to remove or alter grass/herbaceous material (e.g., mowers, diskers) or woody material (e.g., masticators, feller - bunches). Mechanical treatment techniques rearrange vegetation structures, compact or chip/shred material, reduce ladder fuels, control highly flammable/rapidly spreading species, reduce surface fuels (e.g., mowing), and move material to staging areas for either reuse, off-site disposal, or composting; or burn piles. Constraints to mechanical equipment use include steep slopes, dense tree cover that prohibits access, saturated soils, and dry, high-fire hazard weather conditions where equipment use could result in ignition. Mechanical equipment is also typically not used for selective plant removal due to the large siz e of equipment. Typical mechanical equipment techniques to reduce fuel loads include grading, mowing, disking, mechanical cutting/crushing, chipping, tree removal, yarding, and creating fire and fuel breaks.
d. Chemical Techniques (Herbicide) – Chemical techniques involve the use of herbicides to kill vegetation or prevent growth and are typically used in combination with other types of fuel reduction treatments, such as mowing, trimming, pruning, and grazing. Herbicides have a high kill rate and prevent treated plants from setting seed. They can be applied selectively, minimizing impacts to seeds of other species residing in the soil. Application of herbicides and other chemicals is typically performed by hand and can include sponging, spraying, or dusting chemicals onto unwanted vegetation. The cut-and-daub treatment is another method that is effective to control regrowth and kill the portion of the plant remaining belowground. This treatment method involves Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 5
5 cutting the plant stalks or trunks and then directly applying the herbicide with a brush, sponge, or hand sprayer with a cloth tied around the nozzle to the cambium layer of the freshly cut stump or stem. Herbicides must be applied by a licensed and trained professional to ensure proper and safe use, handling, and storage of chemicals to treat vegetation. Only specific types of herbicides are proposed for use in the VMP. While use of glyphosate is proposed, the Roundup formulation of glyphosate would not be used under the VMP.
III. PUBLIC ENVIRONMENTAL REVIEW OF THE PROJECT
1. The Initial Publication of the Notice of Preparation: Pursuant to CEQA and the CEQA Guidelines, a Notice of Preparation of an EIR (“NOP”) for the VMP was prepared in accordance with the State CEQA Guidelines (CEQA Guidelines Section 15082) and was circulated to the Office of Planning and Research’s State Clearinghouse on November 1, 2019. The original scoping period started on November 1, 2019 for 31 days, ending on December 2, 2019. However, the scoping period was extended to December 12, 2019, to allow the public and interested parties additional time to comment on the scope of the prior 2020 DEIR and to correct the contact name and email address of Angela Robinson Piñon, the person receiving comments during the scoping period. Thus, the scoping period extended for a total of 41 days. The NOP presented general background information on the VMP, the scoping process, and the environmental issues to be addressed in the DEIR. Copies of the NOP were distributed by mail and email to a broad range of stakeholders, including state, federal, and local regulatory agencies and jurisdictions, utilities, and interested individuals in the area. In addition, the NOP was published on the City’s website (oaklandca.gov/documents/oakland-vegetation-management-plan-comment- period-extension).
2. Scoping Comments and Meeting: As described in more detail in Section 2.3.2, several public and stakeholder engagement meetings were conducted to support development of the initial Draft VMP and VMP. Six workshops/meetings were conducted in 2017 and 2018 during development of the initial Draft VMP. In addition to the public meetings, a number of additional phone calls, meetings, and on-site field meetings were held with stakeholders interested in the VMP to collect additional public input. The Oakland City Council, Public Safety Committee further directed the VMP development team to conduct additional outreach to park volunteer/stewardship groups to receive information on current activities being conducted in City parks that occur in the Revise Draft VMP area with the intent of incorporating volunteer/stakeholder input into annual vegetation management planning efforts described in the VMP. In total, 11 additional group meetings were held in spring 2019 with stakeholders interested in the initial Draft VMP and VMP.
To provide the public, as well as responsible and trustee agencies, an opportunity to ask questions and submit comments on the initial Draft VMP and the scope of the prior 2020 DEIR, the City held a public scoping meeting during the public scoping period. As described above, notices of the meeting were mailed to interested parties; in addition, scoping meeting information was published on the City’s website prior to The scoping meeting was held before the Oakland Planning Commission on Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 6
6 Wednesday, November 20, 2019, at 6:00 p.m. at Oakland City Hall, 1 Frank H.
Ogawa Plaza, Oakland.
3. The City also presented an update on the initial Draft VMP and prior 2020 DEIR as an item to the Oakland City Council, Public Safety Committee on Tuesday, December 3, 2019.
4. The City accepted verbal and written comments at the scoping meeting and the Public Safety Committee meeting, and accepted both written and electronic comments (via email) during the 41-day scoping period. During the scoping period, 41 comment letters were received. These comments were considered in the FEIR and are summarized in Appendix B to the FEIR.
5. Prior 2020 DEIR Distribution and Meeting: The prior 2020 DEIR was released for a 45-day public review and comment period on November 24, 2020. On December 16, 2020, the City Planning Commission, by motion, voted 4-0 to extend the public comment period 15 days from January 7, 2021 to January 22, 2021, for a total of 60 days. The City also conducted a public meeting on the prior 2020 DEIR on December 16, 2020.
6. Recirculated DEIR Distribution and Meeting: The City has prepared th e Recirculated DEIR to disclose environmental impacts associated with the changes to the VMP. Where any such impacts are significant, feasible mitigation measures and potentially feasible alternatives that would substantially lessen or avoid such effects are identified and discussed. The public was provided a 45-day public review period for the opportunity to provide input to the City on the Recirculated DEIR. During this period, the City held one public meeting to receive comments on the recirculated portions of the Recirculated DEIR on November 1, 2023 before the Planning Commission. Commenters and the Planning Commission provided oral comments at the meeting.
7. Preparation and Certification of the Final EIR: Once the public review period on the Recirculated DEIR closed, the City prepared an FEIR, which incorporated both the prior 2020 DEIR and this Recirculated DEIR by reference. The FEIR responds to (a) comments received during the circulation period for the prior 2020 DEIR, and (a) comments received during the recirculation period on the Recirculated DEIR. It contains those comments (including those made at public meetings), responses to those comments, and any revisions to the text of the DEIR. The FEIR will be reviewed by the City of Oakland Public Safety Committee and considered for approval by the City Council. Written/emailed and oral comments received in response to the Recirculated DEIR are addressed in the “Responses to Comments” section of the FEIR. The FEIR, in turn, informs the City’s exercise of its discretion as a lead agency under CEQA in deciding whether or how to approve the VMP.
8. The Administrative Record: The record, upon which all findings and determinations related to the approval of the VMP are based, includes the following:
a. The EIR and all documents referenced in or relied upon by the EIR.
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 7
7 b. All information (including written evidence and testimony) provided by City staff to the Planning Commission, Public Safety Committee of the City Council, and City Council relating to the EIR, the approvals, and the VMP.
c. All information (including written evidence and testimony) presented to the Planning Commission, Public Safety Committee of the City Council, and City Council by the environmental consultant and sub-consultants who prepared the EIR or incorporated into reports presented to these hearing bodies.
d. All information (including written evidence and testimony) presented to the City from other public agencies relating to the VMP or the EIR.
e. All final information (including written evidence and testimony) presented at any City public hearing or City workshop related to the Plan and the EIR.
f. For documentary and information purposes, all City-adopted land use plans and ordinances, including without limitation general plans, specific plans and ordinances, together with environmental review documents, all documents referenced in and relied upon in such environmental review documents, findings, mitigation monitoring programs and other documentation relevant to planned growth in the VMP area.
g. All other documents composing the record pursuant to Public Resources Code section 21167.6(e).
9. The custodian of the documents and other materials that constitute the record of the proceedings upon which the City's decisions are based is the Oakland Fire Department, 150 Frank H. Ogawa Plaza, Oakland, California and the Office of the City Clerk, One Frank H. Ogawa Plaza, Oakland, California.
IV. CERTIFICATION OF THE EIR
1. In accordance with CEQA, the City Council certifies that the EIR has been completed in compliance with CEQA. The City Council has independently reviewed the record and the EIR prior to certifying the EIR and approving the VMP. By these findings, the City Council confirms, ratifies, and adopts the findings and conclusions of the EIR as supplemented and modified by these findings. The EIR and these findings represent the independent judgment and analysis of the City and the City Council.
2. The City Council recognizes that the EIR may contain clerical errors. The City Council reviewed the entirety of the EIR and bases its determination on the substance of the information it contains.
3. The City Council certifies that the EIR is adequate to support all actions in connection with the approval of the VMP and all other actions and recommendations as described in the May 14, 2024 Public Safety Committee Agenda Report and subsequent City Council Agenda Report(s). The City Council certifies that the EIR is adequate to support approval of the VMP described in the EIR, each component and phase of the Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 8
8 VMP described in the EIR, any variant of the VMP described in the EIR, any minor modifications to the VMP or variants described in the EIR and the components of the VMP.
V. ABSENCE OF SIGNIFICANT NEW INFORMATION
1. The City Council recognizes that the Final EIR incorporates information obtained and produced after the 2020 DEIR and Recirculated DEIR were completed, and that the Final EIR contains additions, clarifications, and modifications. The City Council has reviewed and considered the Final EIR and all this information. The Final EIR does not add significant new information to the 2020 DEIR and Recirculated DEIR that would require recirculation of the EIR under CEQA. The new information added to the 2020 DEIR and Recirculated DEIR does not involve a new significant environmental impact, a substantial increase in the severity of a previously identified significant environmental impact, or a feasible mitigation measure or alternative considerably different from others previously analyzed that the City declines to adopt and that would clearly lessen the significant environmental impacts of the Project. No information indicates that the 2020 DEIR and Recirculated DEIR were inadequate or conclusory or that the public was deprived of a meaningful opportunity to review and comment on the 2020 DEIR and Recirculated DEIR. Thus, recirculation of these previous DEIRs is not required.
2. The City Council finds that the changes and modifications made to the EIR after the Recirculated DEIR was circulated for public review and comment do not individually or collectively constitute significant new information within the meaning of Public Resources Code section 21092.1 or CEQA Guidelines section 15088.5.
VI. MITIGATION MONITORING AND REPORTING PROGRAM (“MMRP”) AND
FINDINGS REGARDING IMPACTS
1. Public Resources Code section 21081.6 and CEQA Guidelines section 15097 require the City to adopt a monitoring or reporting program to ensure that the mitigation measures and revisions to the Project identified in the EIR are implemented. The Mitigation Monitoring and Reporting Program (“MMRP”) is set forth in Attachment A and incorporated by reference into Resolution Adopting the VMP and Certifying the FEIR, which is adopted by the City Council. This MMRP can also be found at Appendix A to the FEIR. The MMRP satisfies the requirements of CEQA.
2. The mitigation measures set forth in the MMRP are specific and enforceable and are capable of being fully implemented by the efforts of the City, the applicant, and/or other identified public agencies of responsibility. As appropriate, some standard conditions of approval and mitigation measures define performance standards to ensure no significant environmental impacts will result. The below table of mitigation measures adequately describes implementation procedures and monitoring responsibility in order to ensure that the VMP complies with the adopted standard conditions of approval and mitigation measures.
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 9
9 3. The City Council will adopt and impose the MMRP as enforceable conditions of approval for the Project. The City has adopted measures to substantially lessen or eliminate all significant effects where feasible.
4. The MMRP into and imposed upon the VMP approval will not themselves have new significant environmental impacts or cause a substantial increase in the severity of a previously identified significant environmental impact that were not analyzed in the EIR.
5. In accordance with Public Resources Code section 21081 and CEQA Guidelines sections 15091 and 15092, the City Council adopts the findings and conclusions regarding impacts and mitigation measures that are set forth in the EIR and summarized in the MMRP at Attachment A to these Findings. These Findings do not repeat the full discussions of environmental impacts, mitigation measures, standard conditions of approval, and related explanations contained in the EIR. The City Council ratifies, adopts, and incorporates, as though fully set forth herein, the analysis, explanations, findings, responses to comments and conclusions of the EIR. The City Council adopts the reasoning of the EIR, staff reports, and presentations provided by the staff as may be modified by these Findings.
6. The City Council recognizes that the environmental analysis of the VMP raises controversial environmental issues, and that a range of technical and scientific opinions exists with respect to those issues. The City Council acknowledges that there are differing and potentially conflicting expert and other opinions regarding the VMP. The City Council has, through review of the evidence and analysis presented in the record, acquired a better understanding of the breadth of this technical and scientific opinion and of the full scope of the environmental issues presented. In turn, this understanding has enabled the City Council to make fully informed, thoroughly considered decisions after taking account of the various viewpoints on these important issues and reviewing the record. These findings are based on a full appraisal of all viewpoints expressed in the EIR and in the record, as well as other relevant information in the record of the proceedings for the VMP.
VII. SIGNIFICANT BUT MITIGABLE IMPACTS
1. Under Public Resources Code section 21081(a)(1) and CEQA Guidelines sections 15091(a)(1) and 15092(b), and to the extent reflected in the EIR, the City Council finds that changes or alterations have been required in, or incorporated into, the components of the VMP that mitigate or avoid potentially significant effects on the environment.
The following potentially significant impacts will be reduced to a less than significant level through the implementation of VMP mitigation measures.
2. Table of Significant But Mitigatable Impacts in the MMRP: The MMRP fully sets forth the Significant But Mitigatable Impacts at Attachment A to these Findings.
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 10
10 VIII. SIGNIFICANT AND UNAVOIDABLE IMPACTS
1. Under Public Resources Code sections 21081(a)(3) and 21081(b), and CEQA Guidelines sections 15091, 15092, and 15093, and to the extent reflected in the EIR, the City Council finds that the following impacts of the Plan remain significant and unavoidable, notwithstanding the imposition of all feasible Standard Conditions of Approval and mitigation measures:
2. The VMP would result in one significant and unavoidable impact related to generating substantial temporary or periodic increase in ambient noise in violation of the City of Oakland noise thresholds (Section 3.10 of the prior 2020 DEIR, Impact NOI-1).
Mechanical treatment activities and the use of chainsaws during hand labor treatments would expose sensitive receptors to noise levels above the City’s daytime weekday noise threshold of 80 dBA, resulting in a significant and unavoidable impact.
IX. FINDINGS REGARDING THE CITY’S ALTERNATIVES ANALYSIS
1. The City Council finds that specific economic, social, environmental, technological, legal, or other considerations make infeasible the alternatives to the Project described in the EIR for the reasons stated below, and that despite the remaining significant unavoidable impact, the VMP should nevertheless be approved, as more fully set forth in Section XII below, Statement of Overriding Considerations.
2. The EIR evaluated a reasonable range of alternatives to the Project that was described in the Recirculated EIR (Chapter 5) which are hereby incorporated by reference. The alternatives analyzed in detail in the Recirculated EIR represent a reasonable range of potentially feasible alternatives that reduce one or more significant impacts of the Project and/or provide decision makers with additional information about a project that would include partial preservation of the existing building. These alternatives include: (1) Alternative 1: No Project Alternative; (2) Alternative 2: Reduced Vegetation Management Activities Alternative; (3) Alternative 3: No Herbicide Use Alternative; (4) Alternative 4: Reduced Herbicide Use Alternative; and (5) Alternative 5: Prior 2019 VMP Alternative.
3. The City Council certifies that it has independently reviewed and considered the information on the alternatives provided in the 2020 DEIR, Recirculated DEIR, and FEIR and in the record. The FEIR reflects the City Council’s independent judgment as to alternatives. The City Council finds that the VMP provides the best balance between the City's goals and objectives, and the VMP’s benefits as described in the Staff Report and in the Statement of Overriding Considerations below. While the Project may cause one significant and unavoidable environmental impact, mitigation measures identified in the EIR mitigate the VMP’s impacts to the extent feasible. The alternatives proposed and evaluated in the EIR are rejected for the following reasons.
Each individual reason presented below constitutes a separate and independent basis to reject the Project alternative as being infeasible, and, when the reasons are viewed collectively, provide an overall basis for rejecting the alternative as being infeasible.
4. Further Evaluation of Alternatives Considered: The following alternatives were considered based on public input and because they would meet most of the VMP Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 11
11 objectives, may be feasible, and would avoid or substantially reduce significant and unavoidable impacts of the VMP:
5. Alternative 1: No Project Alternative
a. Characteristics of this Alternative: Under the No Project Alternative, the City would not implement a VMP to guide and direct targeted vegetation management activities to minimize the potential for ignitions, crown fire, and extreme fire behavior on City-owned land and along access/egress routes. Instead, the City would continue to conduct vegetation management activities consistent with existing (2017 and 2018) operations (refer to Table
3.1-1 for a summary of vegetation management activities conducted between 2005 and 2018). Under the No Project Alternative, the City would conduct approximately 1,100 acres of goat grazing and approximately 152 acres of roadside treatment and other activities each year, using a combination of hand labor and mechanical techniques. Similar to existing conditions, no chemical techniques (i.e., herbicides) would be used.
b. It is important to note that the underlying need for increased targeted vegetation management activities proposed under the VMP―to reduce wildfire risk in the City portions of the VHFHSZ ―would remain unaddressed with implementation of the No Project Alternative. Without implementation of the VMP, the City would only be able to address a limited number of vegetation management activities annually based on the Public Works/OFD annual budget. By reducing the acreage of treatment that occurs in a given year compared to annual treatment acreages under the VMP, the No Project Alternative would fail to meet VMP goals and objectives. These goals and objectives, established in the midst of the region’s pattern of catastrophic wildfires, include reducing wildfire hazard on City-owned land and along critical access/egress routes within the City’s VHFHSZ; reducing the likelihood of ignitions and extreme fire behavior; implementing practices to avoid or minimize impacts to natural resources; reducing the likelihood of catastrophic wildfires by limiting ignition potential, reducing fuels loads, and modifying fuel arrangements on City -owned lands; and avoiding adverse effects to sensitive resources. The No Project Alternative would not meet the following VMP objectives: identifying site-specific vegetation management actions based on vegetation type, fuel hazard, treatment effectiveness, and requirements; identifying and prioritizing fuel treatment areas based on fuel load arrangements, terrain, topographic exposure, and proximity to roads and structures; developing management recommendations so that OFD can make informed vegetation management decisions that consider the benefits of treatment, environmental effects, and costs; routinely evaluating the effectiveness of the VMP; and increasing the ability of the OFD and responding agencies to suppress wildfire. c. As mentioned above, consideration of a No Project Alternative is required under CEQA Guidelines Section 15126(e)(1).
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 12
12 d. Impact Analysis: Annual goat grazing activities under the No Project Alternative would be consistent with the acreage treated under the proposed VMP. However, the area subject to hand labor and mechanical treatment techniques each year would be less than under the VMP, treating approximately 152 acres compared to an annual maximum of 563 acres of hand labor and mechanical treatment under the VMP. Thus, the No Project Alternative would have no impact related to construction in comparison to the VMP. Because no additional vegetation management activities would be completed under the No Project Alternative, no construction-related effects (e.g., air quality/GHG emissions, noise, traffic, and biological resources effects) would result because no additional construction-related vehicle trips, equipment operations, or ground disturbance would take place. e. Goat grazing activities would occur primarily between May and August, while hand labor and the use of mechanical equipment would occur year- round as needed. Under the No Project Alternative, OFD’s Fire Prevention Bureau would continue to operate an annual vegetation inspection program on public and private property in the VHFHSZ portion of the City, as mandated by City of Oakland Ordinance No. 11640. The inspection program identifies properties that are out of compliance with the City’s defensible space standards and requires that inspections be conducted until properties are brought into compliance. Without approval of the VMP, the inspection program and vegetation management activities would continue, dependent upon the Public Works/OFD annual budget and consistent with past OFD vegetation management activities.
f. Under the No Project Alterna tive, OFD would continue to conduct vegetation management activities using current equipment and techniques.
The City of Oakland Planning Code contains laws and standards that may be relevant to the VMP, in particular Section 17.120.050, Noise, and Section
17.120.060, Vibration. In addition, Section 17.120.04 from the City Planning Code establishes allowable noise level standards (City of Oakland 2020a). Because no changes in operation would take place, the No Project Alternative would result in no additional noise impact compared to the VMP, which would have a significant and unavoidable noise impact related to sensitive receptors.
g. The Oakland hills is one of the highest risk areas in the country for devastating WUI fires. Because no additional acreage of vegetation management activities would be conducted under the No Project Alternative compared to the VMP, the wildfire risk throughout the VHFHSZ would not be reduced and fire hazard conditions would likely worsen. As indicated in recent risk assessments (Dudek 2023), without improved vegetation management practices, fuel loads and fire risk will continue to increase (Stephens et al. 2012), and future catastrophic wildfires in the region are likely to result in greater impacts to life, property, and the environment.
Additionally, the No Project Alternative would not include the requirements established in the VMP for close coordination between OFD and local volunteer and stewardship groups active in the VMP area. Without clear Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 13
13 communication protocols in place between OFD and local stewardship groups, locally sponsored projects may conflict with City plans or goals for vegetation management, potentially resulting in greater environmental impacts.
h. Conclusion: In conclusion, the No Project Alternative would not meet any of the goals or objectives of the VMP, particularly reducing wildfire hazard on City-owned land and along critical access/egress routes within the City’s VHFHSZ. Although it would reduce the VMP’s significant and unavoidable noise impact on sensitive receptors and other significant impacts related to biological resources and other environmental resources, it would also fail to address the need for wildfire risk reduction identified by the City, OFD, stakeholders, and members of the public throughout the years-long initial Draft VMP and VMP development process.
i. Under the No Project Alternative, the City would fail to comply with the following plans and policies related to wildlife risk reduction and fuel management:
i. Governor Newsom’s Strike Force report (State of California 2019), which stated that the growing risk of catastrophic wildfires has created an imperative for the state to act urgently and swiftly to expand fire prevention efforts;
ii. CAL FIRE’s 2018 Strategic Fire Plan for California, which sets forth sets forth goals focused on fire prevention, improved natural resource management, and increased fire suppression efforts (CAL FIRE 2018);
iii. policies and objectives from the City of Oakland General Plan Open Space, Conservation, and Recreation Element (City of Oakland 1996); iv. goals and objectives of the California Forest Carbon Plan to reduce GHG and other carbon emissions associated with management activities, conversion, wildfire events, and other disturbances (Forest Climate Action Team 2018);
v. the BAAQMD’s 2017 Bay Area Clean Air Plan and Regional Climate Protection Strategy, which provide a road map for the BAAQMD’s future efforts to reduce air pollution (BAAQMD 2017); and vi. policies related to wildfire risk reduction from the City’s 2030 Equitable Climate Action Plan (City of Oakland 2020b).
6. Alternative 2: Reduced Vegetation Management Activities Alternative a. Characteristics of this Alternative: Alternative 2 is a modified version of the VMP with reduced annual treatment acreage. Under Alternative 2, the City would conduct approximately 1,100 acres of goat grazing and approximately 300 acres Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 14
14 of roadside treatment and other activities using a combination of hand labor, mechanical treatments, and herbicide treatments. Additionally, no vegetation management activities would occur on urban and residential treatment areas, which total 47.5 acres. While vegetation treatment activities would still occur in close proximity to sensitive uses, the use of equipment generating noise of 85 dBA at 50 feet (such as chainsaws) would be prohibited within 90 feet of sensitive receptors, and the use of equipment generating noise of 88 dBA at 50 feet (such as a chipper or excavator) would be prohibited within 130 feet of sensitive receptors. By reducing the acreage of treatment that occurs in a given year, vegetation would be more likely to become overgrown, resulting in a greater wildfire risk in the City portion of the VHFHSZ than under the VMP.
Additionally, urban and residential treatment areas are considered Priority 1 treatment areas; eliminating vegetation management activities adjacent to structures in these areas would result in a greater risk of catastrophic wildfires affecting structures than under the VMP and would conflict with the City’s defensible space guidelines. Alternative 2 was selected as an alternative to the VMP based on public input and because the restriction on equipment use near sensitive receptors would reduce significant and unavoidable noise impacts associated with mechanical treatment activities and the use of chainsaws during hand labor treatments.
b. Project Objectives: Alternative 2 would only partially meet VMP goals and objectives, such as reducing wildfire hazard on City-owned land and along critical access/egress routes within the City’s VHFHSZ; reducing the likelihood of ignitions and extreme fire behavior; reducing the likelihood of catastrophic wildfires by limiting ignition potential, reducing fuels loads, and modifying fuel arrangements on City-owned lands; identifying and prioritizing fuel treatment areas based on fuel loads arrangements, terrain, topographic exposure, and proximity to roads and structures; and increasing the ability of the OFD and responding agencies to suppress wildfire.
c. Impact Analysis: Goat grazing activities under Alternative 2 would be conducted consistent with the acres treated under the VMP; however, hand labor, mechanical, and herbicide techniques would be reduced from Revised VMP levels, treating approximately 300 acres annually compared to 598 acres under the VMP, with no treatment occurring in urban and residential parcels. Compared to the VMP, this alternative would reduce construction-related impacts associated with the VMP, including air pollutant and GHG emissions from operating equipment, traffic from vehicle and truck trips, and noise. The restrictions on the operation of loud construction equipment near sensitive receptors during hand labor treatments (i.e., chainsaws) and mechanical treatments (i.e., excavators and chippers) near sensitive receptors, noise levels would not exceed the City’s weekday daytime threshold of 80 dBA. Thus, Impact NOI-1 would be reduced from a significant and unavoidable impact under the VMP to a less-than- significant level. Similarly, Alternative 2 would result in fewer impacts to Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 15
15 sensitive habitats and nesting birds as a result of reducing the number of projects and overall ground disturbance relative to the VMP.
d. Reducing the acreage of vegetation treatment conducted on an annual basis would delay the reduction of fuel loads in individual treatment areas, however, resulting in an increased likelihood of ignition and catastrophic wildfires in the VHFHSZ compared with the VMP. A future wildfire in the region would likely be more damaging and result in greater impacts to life, property, and the environment than under the VMP. Additionally, deferring vegetation management projects could result in the need for emergency work that tends to be addressed without adequate planning. Further, because fewer projects would occur under this alternative and no activities would occur on urban and residential parcels, Alternative 2 may result in additional impacts not identified for the VMP, such as increased public safety risks. For example, without the increased level of inspection and management proposed in the VMP, the potential exists for fallen branches and trees located on City property to damage utility lines or existing structures (i.e., residences) on private property.
e. Conclusion: In conclusion, Alternative 2, the Reduced Vegetation Management Activities Alternative, would meet some of the goals or objectives of the VMP; however, the reduced annual acreage of treatment would slow OFD’s progress in addressing wildfire risk concerns. Although it would reduce the VMP’s significant and unavoidable noise impact on sensitive receptors and other significant impacts related to biological resources and other environmental resources, it would fail to fully address the need for wildfire risk reduction to the level identified by the City, OFD, stakeholders, and members of the public.
7. Alternative 3: No Herbicide Use Alternative
a. Characteristics of this Alternative: Alternative 3 is a modified version of the VMP that excludes the use of herbicides for vegetation management. Other vegetation management methods described in the VMP (i.e., grazing, hand labor techniques, and mechanical techniques) would be used in lieu of herbicides. Under Alternative 3, the City would conduct approximately 1,100 acres of goat grazing and approximately 563 acres of roadside treatment and other activities using a combination of hand labor and mechanical techniques. Under this alternative, no herbicides would be used (compared to an annual maximum of 35 acres of proposed herbicide treatment under the VMP). All other maintenance activities described in Chapter 2, Project Description, of this Recirculated DEIR would be conducted as described in the VMP.
b. Background: As background, in 2005, the City adopted Resolution 79133, which directed staff to evaluate the selective use of glyphosate and triclopyr for managing vegetation to reduce wildfire hazard in the City’s WPAD. To date, herbicides have not been used for vegetation management on City -owned property or along roadsides in the VMP area. This VMP EIR process evaluates the potential environmental effects of herbicide use. However, the City also received feedback Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 16
16 from the public during the initial Draft VMP and VMP development and scoping process to consider a “no herbicide” alternative to address concerns about the potential impacts of herbicide use in the City. As such, Alternative 3 reflects public input on early drafts of the initial Draft VMP.
c. Project Objectives: By eliminating herbicide treatment, Alternative 3 would be more likely to allow vegetation to become overgrown, increasing the wildfire risk and the potential for a catastrophic wildfire that would affect existing structures.
Alternative 3 would only partially meet VMP goals and objectives such as reducing wildfire hazard on City-owned land and along critical access/egress routes within the City’s VHFHSZ; reducing the likelihood of extreme fire behavior and catastrophic wildfires by limiting ignition potential, reducing fuels loads, and modifying fuel arrangements on City-owned lands; identifying and prioritizing fuel treatment areas based on fuel load arrangements, terrain, topographic exposure, and proximity to roads and structures; and increasing the ability of the OFD and responding agencies to suppress wildfire.
d. Impact Analysis: Alternative 3 would require additional follow-up vegetation management activities involving a combination of grazing, hand removal techniques, and mechanical removal in some areas due to rapid regrowth of certain highly flammable vegetation types when removed and not treated with herbicide.
Under Alternative 3, certain types of vegetation may be even more difficult to control without herbicides, resulting in persistent degraded habitat conditions.
Because grazing, hand removal, and mechanical vegetation removal techniques may be less effective than herbicides, this alternative may also require the City to remove certain rapidly spreading/high fire risk plants, including such plants as eucalyptus, acacia, French broom, Scotch broom, pampas grass, and jubata grass, on a more frequent basis. As such, an increase in use of hand labor and mechanical vegetation removal techniques across a greater area and on a more frequent basis would result in greater air pollutant emissions and more truck trips; in addition, greater noise effects could result, as this alternative would entail more worker trips and greater use of equipment, potentially near sensitive uses. Accordingly, this alternative would result in more potentially significant environmental impacts than the VMP.
e. Alternative 3 would eliminate potential effects related to accidental spills, use of herbicides, and other risks associated with herbicide use. However, impacts related to hazards and hazardous materials are not identified as significant and unavoidable impacts of the VMP because all such impacts associated with the VMP would be mitigated to a less -than-significant level. Significant and unavoidable noise impacts associated with mechanical treatment activities and the use of chainsaws during hand labor treatments identified for the VMP would remain with Alternative 3.
f. Feasibility: Due to the need for increased frequency of vegetation removal, under this alternative, the City and OFD would require a larger number of employees and many more hours to treat a similar area compared to herbicide use and would be Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 17
17 less effective, requiring more frequent treatment. It is estimated that if the City were to rely on hand removal and mechanical treatments in place of herbicide, it would cost the City up to 40 times more to treat these areas than under the VMP.
The cost for herbicide treatments, not including any associated physical treatments, is approximately $250-$500 per acre. This reflects a range of potential vegetation conditions, vegetation types, and densities. The cost for hand removal and mechanical treatments is estimated at approximately $1,000-$4,000 per acre, using the same range of site-specific conditions.
g. A key difference in comparing costs of herbicide treatment to hand removal and mechanical treatment is the reduced effectiveness of these treatments, requiring repeated applications up to five times to achieve the effectiveness of a single herbicide treatment (DiTomaso, Kyser, et al. 2013) (as shown in Appendix D, Biological Resources Information, of this Recirculated DEIR). Accounting for the need to conduct five work cycles with hand removal and mechanical treatments, the estimated treatment cost increases to $5,000-$20,000 per acre for hand removal and mechanical treatments compared to herbicide treatment. h. Over the course of the 10-year planning timeframe for the VMP, these differences in effort and increased costs by not using herbicide treatment would result in an added cost ranging from $1,660,000 to $6,825,000 by using hand removal and mechanical treatments in place of herbicide to achieve a similar level of vegetation management. Accordingly, even though this alternative would achieve some of the project objectives, the substantial increase in cost compared to the proposed VMP renders this alternative infeasible (Pub. Res. Code Section 21061.1.). i. Conclusion: In conclusion, Alternative 3, the No Herbicide Use Alternative, would meet some of the goals or objectives of the VMP; however, the elimination of herbicide use as an available vegetation management treatment would slow progress toward reducing fuel loads in the VMP area. This alternative would result in additional costs and staffing needs to conduct follow-up treatments in areas where mechanical and hand removal treatments are less effective than herbicide treatments. The significant and unavoidable noise impact of the VMP related to sensitive uses would not be reduced with this alternative and would likely be more severe than under the VMP because of the need for repeated hand labor or mechanical treatments in some locations.
8. Alternative 4: Reduced Herbicide Use Alternative
a. Characteristics of this Alternative: Alternative 4 is a modification of the VMP that would reduce, but not eliminate, herbicide application in the VMP area compared to the proposed VMP, which does not propose any reduction in herbicide use. Under Alternative 4, annual herbicide use would be reduced to a maximum of 10 acres of treatment for trees and 7.5 acres of treatment for shrubs (compared to the annual maximum of 20 acres of treatment for trees and 15 acres of treatment for shrubs under the VMP). Additionally, no herbicide application would occur within 100 feet of any creeks (which is 40 feet larger than the no-herbicide-use Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 18
18 buffer from creeks proposed in Mitigation Measure HAZ-5). Further, under this alternative, the City would use only non-Roundup™ formulations of glyphosate.
In contrast, the VMP allows non-Roundup™ formulations of glyphosate as well as triclopyr and imazapyr. Alternative 4 would only allow application of herbicides using the cut-and-daub application method with a hand brush or sponge; no hand spraying would be conducted under this alternative. The City would con duct approximately 1,100 acres of goat grazing, as with the VMP, along with approximately 580.5 acres of roadside treatment and other activities (a reduction from 598 acres with the VMP) using a combination of hand labor, mechanical, and herbicide techniques.
b. Background: As described above for Alternative 3, in 2005, the City adopted Resolution 79133, which directed staff to evaluate the selective use of glyphosate and triclopyr for managing vegetation to reduce wildfire hazard in the City’s Wildfire Prevention Assessment District. To date, herbicides have not been used for vegetation management on City-owned property or along roadsides in the VMP area. This initial Draft VMP and VMP EIR process evaluates the potential environmental effects of herbicide use. However, the City also received feedback from the public during the VMP development and scoping process to consider a “reduced herbicide” alternative to address concerns about the potential impacts of herbicide use in the City. As such, Alternative 4 reflects public input on early drafts of the initial Draft VMP.
c. Project Objectives: By reducing the acreage of herbicide treatment that occurs in a given year, vegetation would be more likely to become overgrown, increasing the wildfire risk and the potential for a catastrophic wildfire that would affect existing structures. Alternative 4 would only partially meet VMP goals and objectives such as reducing wildfire hazard on City-owned land and along critical access/egress routes within the City’s VHFHSZ; reduc ing the likelihood of ignitions and extreme fire behavior; reducing the likelihood of catastrophic wildfires by limiting ignition potential, reducing fuels loads, and modifying fuel arrangements on City-owned lands; identifying and prioritizing fuel treatment areas based on fuel loads arrangements, terrain, topographic exposure, and proximity to roads and structures; and increasing the ability of the OFD and responding agencies to suppress wildfire.
d. Impact Analysis: Annual goat grazing, hand labor, and mechanical treatments activities under Alternative 4 would be consistent with the acreage treated under the VMP, for a total of 563 acres. However, the area subject to herbicide techniques each year would be less than under the VMP, treating approximately 17.5 acres annually, compared to an annual maximum of 35 acres, with no herbicide treatment occurring within 100 feet of creeks. Compared to the VMP, this alternative would reduce potential effects to biological resources and water quality by limiting herbicide application to occur at least 100 feet from a creek (i.e., outside of riparian areas) and prohibit spraying which may result in drift. Further, although impacts related to hazards and hazardous materials are not identified as significant impacts of the VMP, Alternative 4 would reduce potential effects Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 19
19 related to accidental spills, chemicals, and other risks associated with herbicide use.
e. Reducing the acreage treated with herbicides on an annual basis would delay the reduction of fuel loads in individual treatment areas, however, increasing the likelihood of ignition and catastrophic wildfires in the VHFHSZ as vegetation conditions worsen. Under Alternative 4, certain types of vegetation may be more difficult to control with reduced herbicides, resulting in persistent degraded habitat conditions. Additionally, under this alternative, OFD would only use glyphosate and would be prohibited from using hand sprayers (only hand brushing or sponging would be conducted), which would reduce overall treatment options and effectiveness and increase costs. Glyphosate may not be as effective to treat certain types of vegetation as other herbicides (e.g., triclopyr, imazapyr), and excluding these herbicides may require the City to remove certain types of vegetation on a more frequent basis. As such, an increase in the frequency of herbicide application would result in more truck trips and air quality emissions, as well as more frequent ground disturbance.
f. Feasibility: Hand brushing or sponging under the cut-and-daub method is time consuming, requiring more labor, thereby increasing time and labor requirements for the City. As described in Alternative 3, areas proposed for herbicide treatment under the VMP if treated only with hand removal and mechanical treatments would require up to five additional treatment cycles to match the effectiveness of herbicide treatment (DiTomaso, Kyser, et al. 2013) (see Appendix D of this Recirculated DEIR for more information). Using the same methodology as described in Alternative 3 above, o ver the course of the 10 -year planning timeframe for the VMP these differences in effort and increased costs result in an added cost ranging from $831,250 to $3,412,500 for not using herbicide and using hand removal and mechanical treatments in place of herbicide to achieve a similar level of vegetation management. Accordingly, this alternative is financially infeasible.
g. Conclusion: In conclusion, Alternative 4, the Reduced Herbicide Use Alternative, would meet some of the goals or objectives of the VMP; however, restrictions on the types and amounts of herbicide use as an available vegetation management treatment would slow progress toward improvement of fuel loads in the VMP area compared to the proposed VMP. This alternative would result in additional costs and staffing needs to conduct follow-up treatments in areas where mechanical and hand removal treatments are less effective than herbicide treatments. The significant and unavoidable noise impact of the VMP related to sensitive uses would not be reduced with this alternative and would likely be more severe because of the need for repeated hand labor or mechanical treatments in some locations.
9. Alternative 5: Prior 2019 VMP Alternative.
a. Characteristics of this Alternative: Alternative 5 reflects the 2019 version of the VMP, which was analyzed under the prior 2020 DEIR. Alternative 5 would result Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 20
20 in slightly reduced annual treatment acreage compared to the VMP, as well as changes to the vegetation treatment standards. Under Alternative 5, the City would conduct approximately 1,100 acres of goat grazing and approximately 555 acres of roadside treatment and other activities using a combination of hand labor, mechanical treatments, and herbicide treatments. This al ternative would not include treatment of dead and dying trees on City-owned property within 30-100 of roadsides. By slightly reducing the acreage of treatment that occurs in a given year, vegetation would be more likely to become overgrown, resulting in a greater wildfire risk in the City portion of the VHFHSZ than under the VMP. Additionally, eliminating treatment of dead and dying trees within 30-100 feet from roadways would increase potential hazards from trees that could fall across roadways during a fire, compared to the VMP.
b. Compared to the VMP, this alternative would result in minor reductions in construction-related impacts associated with the VMP, including air pollutant and GHG emissions from operating equipment, and traffic from vehicle and truck trips.
Alternative 5 was selected as an alternative to the VMP to provide a comparison to the 2019 VMP evaluated in the prior 2020 DEIR.
c. Project Objectives: Alternative 5 would meet many of the VMP goals and objectives to reduce the wildfire hazard on City-owned land including reducing fuels loads, and modifying fuel arrangements on City-owned lands; identifying and prioritizing fuel treatment areas based on fuel loads arrangements, terrain, topographic exposure, and proximity to structures; and increase the ability of the OFD and responding agencies to suppress wildfire. However, the 2019 VMP would not reduce the wildfire hazard along critical access/egress routes or along roadways within the City’s VHFHSZ as effectively as the VMP that includes additional areas along roadways for the focused removal of dead and dying trees. d. Impact Analysis: Goat grazing activities under Alternative 5 would be conducted consistent with the acres treated under the VMP; however, hand labor, mechanical, and herbicide techniques would be slightly reduced from VMP levels, treating approximately 590 acres annually compared to 598 acres under the VMP.
Compared to the VMP, this alternative would slightly reduce construction-related impacts associated with the VMP, including air pollutant and GHG emissions from operating equipment, and traffic from vehicle and truck trips. Similarly, Alternative 5 would result in slightly fewer impacts to habitats and nesting birds as a result of reducing the annual maximum treatment acreage relative to the VMP.
Reducing the acreage of vegetation treatment conducted on an annual basis would delay the reduction of fuel loads in individual treatment areas, however, resulting in an increased likelihood of ignition and catastrophic wildfires in the VHFHSZ compared with the VMP. Eliminating treatment of dead and dying trees within 30- 100 feet from roadways would increase potential hazards from trees that could fall across roadways during a fire, compared to the VMP.
e. Feasibility: This alternative is considered feasible. In conclusion, Alternative 5, the Prior 2019 VMP Alternative, would meet many of the goals or objectives of Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 21
21 the VMP; however, the slightly reduced annual acreage of treatment and elimination of treatment of dead and dying trees within 30-100 feet from roadways would slow OFD’s progress in addressing wildfire risk concerns. Although it would slightly reduce the VMP’s significant impacts related to biological resources and other environmental resources, it would fail to fully address the need for wildfire risk reduction (particularly along roadways) to the level identified by the City, OFD, stakeholders, and members of the public.
10. Comparison of Alternatives: In accordance with CEQA Guidelines Section 15126.6(e)(2), this section compares the Recirculated DEIR alternatives and identifies the environmentally superior alternative among the alternatives. a. Alternative 1 (No Project Alternative) was not identified as the environmentally superior alternative because, although it would provide a reduction in vegetation management activities in the City portion of the VHFHSZ and thereby largely reduce construction-related impacts (e.g., air and GHG emissions, noise, traffic, biological resources) of the VMP, it would substantially increase the risk of wildfires in the region, resulting in greater impacts to life, property, and the environment.
b. Alternative 3 (No Herbicide Use) was not identified as environmentally superior because it would not reduce any significant and unavoidable impacts associated with the VMP. Alternative 3 would however, result in an incremental increase in truck trips, air pollutant emissions, and noise effects because this alternative would involve greater use of hand labor and mechanical techniques for vegetation management. Using hand labor and mechanical treatments in some locations may not be as effective at controlling highly flammable vegetation, particularly in areas that are difficult to access, and is anticipated to require additional follow -up treatments. Additionally, the increased use of hand labor and mechanical treatments would require more City staff, increasing costs, which would not be feasible for the City. This alternative would be fairly similar to the VMP and would avoid potential water quality impacts such as accidental spills and other impacts associated with herbicide use. In conclusion, Alternative 3 was not deemed environmentally superior because it would not reduce significant and unavoidable impacts associated with the VMP; would result in an increase in air quality emissions, truck trips, and noise effects adjacent to sensitive uses; may not be as effective at controlling vegetation.
c. Alternative 5 (Prior 2019 VMP Alternative) would slightly reduce the acreage of vegetation treatment completed in a given year, but would generally result in fairly similar impacts compared to the VMP, with slight decreases in impacts related to air pollutant and GHG emissions from operating equipment and traffic from vehicle and truck trips. Eliminating treatment of dead and dying trees within 30-100 feet from roadways would increase potential hazards from trees that could fall across roadways during a fire, compared to the VMP. This alternative would Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 22
22 not reduce any significant and unavoidable impacts associated with the VMP, and was therefore not identified as environmentally superior. d. Both Alternative 2 (Reduced Vegetation Management Activities Alternative) and Alternative 4 (Reduced Herbicide Use Alternative) would reduce the acreage of vegetation treatment completed in a given year, thereby resulting in less construction-related emissions, traffic on local roads, and other potential effects on biological resources. Between these two alternatives, Alternative 4 would result in less adverse effects to biological resources and water quality by limiting herbicide application to a maximum of 17.5 acres annually, limit herbicide application from occurring within 100 feet of a creek, limiting the City to the use of only one herbicide, and prohibiting spraying and allowing only hand brushing and sponging for herbicide application throughout the VMP area. The cut-and-daub method is time consuming, requiring more labor, thereby increasing costs for the City.
Additionally, because hand removal and mechanical treatments may still occur adjacent to sensitive receptors, significant and unavoidable noise effects would still occur under Alternative 4. Alternative 2, on the other hand, would prohibit the use of loud equipment near sensitive receptors, avoiding a significant and unavoidable noise impact on sensitive receptors. For this reason, Alternative 2 is considered the environmentally superior alternative of the alternatives to the VMP evaluated in the EIR.
e. Environmentally Superior Alternative: Considering the issues described above, the VMP is considered to be environmentally superior to the other identified alternatives. In comparison to the alternatives, the VMP provides the most appropriate balance of reducing wildfire hazard through limiting ignition potential, reducing fuel loads, and modifying vegetation in an effective manner; avoiding and minimizing impacts to the natural environment through implementation of practices; prioritizing management needs based on fuel loads, terrain, and proximity to roads and structures; and ensuring vegetation management needs are addressed in a reasonable timeframe to protect life and property and reduce public safety and wildfire hazards. The VMP would also ensure that vegetation management activities are conducted consistently in compliance with the methods and approaches identified in the VMP to reduce effects to natural resources and prevent excess and unnecessary vegetation removal. The VMP would also increase the ability of OFD to suppress wildfire in the VMP area, further protecting VMP area resources and require the routine evaluation of effectiveness of vegetation management activities.
X. THE CITY’S STATEMENT OF OVERRIDING CONSIDERATIONS
1. Findings of Economic, Legal, Social, Technological, Environmental, and Other Considerations Outweigh Significant, Unavoidable Impact. The City Council finds that each of the following specific economic, legal, social, technological, environmental, and other considerations and the benefits of the Project separately and independently outweigh the remaining significant unavoidable adverse impacts discussed above in Section X and is an overriding consideration independently warranting approval. The remaining significant unavoidable adverse impact identified Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 23
23 above is acceptable considering each of the overriding considerations that follow.
Each individual benefit/reason presented below constitutes a separate and independent basis to override each and every significant unavoidable environmental impact, and, when the benefits/reasons are viewed collectively, provide an overall basis to override each and every significant unavoidable environmental impact.
2. The VMP’s Overriding Project Benefits: Below are a list of the VMP’s Project Benefits, which all serve to reduce Wildfire Hazards in the Oakland hills in a pragmatic and strategic manner, so as to protect human life and property in one of the most fire prone areas in the State of California:
a. The VMP will reduce wildfire hazard on City-owned land and along critical access/egress routes within the City’s VHFHSZ;
b. The VMP will reduce the likelihood of ignitions and extreme fire behavior to enhance public and firefighter safety;
c. The VMP will implement practices to avoid or minimize impacts to natural resources;
d. The VMP will maintain an active role in regional efforts to reduce wildfire hazard in the Oakland hills;
e. The VMP reduces the likelihood of catastrophic wildfires by limiting ignition potential, reducing fuel loads, and modifying fuel arrangements on City-owned lands;
f. The VMP reduces the likelihood of extreme fire behavior within the VMP area;
g. The VMP identifies and define vegetation management actions that consider site-specific vegetation type, fuel hazard, treatment effectiveness, and ongoing maintenance requirements;
h. The VMP identifies and prioritizes fuel treatment areas based on fuel loads and arrangements, terrain, topographic exposure, and proximity to roads and structures to provide a pragmatic, strategic and organized approach to vegetation management;
i. The VMP retains vegetation where feasible to reduce wind exposure, retain soil and surface fuel moisture, and reduce the potential for soil erosion; j. The VMP has developed helpful management recommendations that enable OFD to make informed, adaptive decisions on an annual basis (or more often as necessary) regarding vegetation management within the VMP area, considering the benefits of treatment, potential environmental effects, and treatment costs;
k. The VMP, to the extent feasible, avoids, minimizes, and reduces potential adverse effects of vegetation management on sensitive biological resources, water resources, aesthetics, soils, and slope stability; l. The VMP increases the ability of OFD and other responding agencies to suppress wildfire in the VMP area to minimize wildfire impacts to VMP area resources;
m. The VMP will routinely evaluate the effectiveness and implementation frequency of vegetation management actions within the VMP area, which will help OFD monitor fire risk conditions and take measured approaches at fire suppression gradually over a 10-year period.
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 24
24 3. The City Council hereby finds that all the above VMP benefits clearly outweigh the one significant, unavoidable impact of excessive ambient noise of machinery used to manage vegetation. This ambient noise will only occur during the daytime hours and will be intermittent and time-limited based on where vegetation management activities are occurring on any given day. As a result, the benefits far outweigh the limited (in space and time) significant impact of excessive ambient noise levels due to vegetation management tools and machinery.
Oakland Public Safety Committee of the City Council and City Council July 14, 2024 Exhibit A To Resolution: City Council’s CEQA Findings Page 25
25 ATTACHMENT A
THE CITY’S MITIGATION MONITORING AND REPORTING PROGRAM
(“MMRP”)
Revised Vegetation Management Plan A-1 May 2024
Final Environmental Impact Report
APPENDIX A.
MITIGATION MONITORING AND REPORTING PLAN
The following mitigation monitoring and reporting program (MMRP) summary table includes the mitigation measures identified in the City of Oakland Vegetation Management Plan Project Environmental Impact Report (EIR). For each mitigation measure, this table identifies monitoring and reporting actions that shall be carried out, the party responsible for implementing these actions, and the monitoring schedule. This table also includes a column where responsible parties can check off monitoring and reporting actions as they are completed. It is the responsibility of the Contractor to ensure that actions required for all of the mitigation measures listed herein are included in the project plans and specifications. It is the responsibility of the City to review and confirm that all of the mitigation measure actions described herein are in the project plans and specifications.
Acronyms and Abbreviations
ATCM airborne toxic control measure
BAAQMD Bay Area Air Quality Management District
BMP best management practice
CARB California Air Resources Board
CASQA California Stormwater Quality Association
CDFW California Department of Fish and Wildlife
CDPR California Department of Public Resources
CESA California Endangered Species Act
CFR Code of Federal Regulations
CRLF California red-legged frog
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CRHR California Register of Historical Resources
CWA Clean Water Act
dBA A-weighted decibel
DBH diameter at breast height
EIR environmental impact report
ESA Endangered Species Act
EIR Environmental Impact Report
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act MLD Most Likely Descendent
MM mitigation measure
NAHC Native American Heritage Commission
NOA naturally occurring asbestos
City of Oakland A. Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-2 May 2024
Final Environmental Impact Report
NPPA Native Plant Protection Act
NRHP National Register of Historic Places
OFD Oakland Fire Department
Pub. Res. Code Public Resources Code
RWQCB Regional Water Quality Control Board
SOD sudden oak death
SR State Route
TCR tribal cultural resource
USACE United States Army Corps of Engineers
USEPA United States Environmental Protection Act
USFWS United States Fish and Wildlife Service
VMP Vegetation Management Plan
WPT Western pond turtle
City of Oakland A. Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-3 May 2024
Final Environmental Impact Report
Aesthetics
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
AES-1 Conduct Visual Reconnaissance Prior to
Implementing Tree Removal Activities to
Determine if Vegetation Relocation or Thinning
of Publicly Visible Treatment Areas is Necessary
The City will conduct a visual reconnaissance of
Revised Draft VMP treatment areas involving tree
thinning and removal to observe the surrounding
landscape and determine if vegetation
management activities will have a significant
effect on scenic vistas, public trails, or scenic
routes that have views of the treatment area. If
none are identified, treatments may be
conducted without additional mitigation.
1. N/A
2. N/A
3. N/A
1. Conduct a visual
reconnaissance of
Revised Draft VMP
treatment areas.
2. Identify opportunities to
potentially modify the
location of tree removal
activities if public
viewing points would be
significantly affected.
3. Thin adjacent vegetation
if no changes are
feasible.
1. Prior to the
start of
construction
2. Prior to the
start of
construction
3. During
construction, if
necessary.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-4 May 2024
Final Environmental Impact Report
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
If the City identifies that public viewing points
such as public trails or recreation areas with
extended views of a Revised Draft VMP
treatment area would be significantly affected,
prior to conducting vegetation treatment
activities, the City will identify opportunities to
potentially modify the location of tree removal
activities to reduce the visibility of removed
vegetation from public viewpoints. If no changes
are feasible without compromising the intended
vegetation management standards and goals
described in the Revised Draft VMP, the City will
thin adjacent vegetation to break up the linear
edges of treatment areas and reduce the contrast
between the treatment area and surrounding
vegetation.
AES-2 Staging (VMP BMP Gen-4)
Staging will occur on access roads, surface
streets, or other disturbed areas that are already
compacted and support only ruderal vegetation.
Similarly, all vegetation management equipment
and materials will be contained within the
existing service roads, paved roads, or other
predetermined staging areas. Staging areas for
equipment, personnel, vehicle parking, and
material storage will be sited as far as possible
from major roadways.
1. Comply with
specified staging
and equipment
requirements.
1. Ensure contractor
complies with staging
and equipment
requirements.
1. Prior to the
start of
construction
and during
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-5 May 2024
Final Environmental Impact Report
Air Quality
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
AQ-1 Fugitive Dust BMPs
The City and its contractors will implement the
following measures:
1. All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two
times per day.
2. All haul trucks transporting soil, sand, or
other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet
power vacuum street sweepers at least once
per day. The use of dry power sweeping is
prohibited.
4. All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour.
5. All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible
after grading unless seeding or soil binders
are used.
1. Comply with
items 1-8.
2. N/A
3. N/A
1. Ensure contractor
compliance with items 1-
8. 2. Retain a certified
mechanic to comply with
item 7.
3. Ensure appropriate city
staff person is contacted
if there are dust
complaints, per item 8.
1. During
construction
2. Prior to the
start of
construction.
3. During
construction,
if necessary.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-6 May 2024
Final Environmental Impact Report
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
6. Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to 5
minutes (as required by the California ATCM
identified in 13 CCR Section 2485). Clear
signage shall be provided for construction
workers at all access points.
7. All construction equipment shall be
maintained and properly tuned in accordance
with manufacturer’s specifications. All
equipment shall be checked by a certified
mechanic and determined to be running in
proper condition prior to operation.
8. 8. Post a publicly visible sign with the
telephone number and name of the City staff
person to contact regarding dust complaints.
Following the review of any dust complaints,
the City contact person shall respond and
take corrective action within 48 hours.
Assessments and responses to dust
complaints will be conducted in compliance
with the BAAQMD’s applicable particulate
matter rules and regulations, including but
not limited to Regulation 6.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-7 May 2024
Final Environmental Impact Report
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
AQ-2 Comply with Asbestos ATCM by
Obtaining an Approved Asbestos Dust
Mitigation Plan or Exemption
Revised Draft VMP-related ground-disturbing
activities greater than 1 acre within potential
NOA-containing areas (specifically areas near SR
13, Joaquin Miller Road, Skyline Boulevard, and
parcels near Lake Chabot) will be required to
comply with CARB’s 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 BAAQMD’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
Revised Draft VMP treatment activities to
minimize NOA emissions. The plan will also
address specific emission sources as identified by
the BAAQMD to be: track-out onto the paved
public road; active storage piles; inactive
disturbed surface areas and storage piles; traffic
on unpaved on-site 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
1. Prepare and
implement an
asbestos dust
mitigation plan.
2. Submit the plan
to the BAAQMD
prior to the start
of work.
1. Ensure the preparation
and implementation of
an asbestos dust
mitigation plan.
2. Ensure the plan is
submitted to the
BAAQMD and that work
does not start until it is
approved.
1. Prior to the
start of
construction
and during
construction.
2. Prior to the
start of
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-8 May 2024
Final Environmental Impact Report
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
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 BAAQMD for approval prior to
implementation and will not proceed with
Revised Draft VMP implementation until
BAAQMD has approved the plan and proposed
BMPs or an exemption is received.
GEO-1 Minimize Area of Disturbance (Revised
from VMP BMP GEN-2)
(See Geology, Soils, and Seismicity)
HAZ-1 Vehicle and Equipment Maintenance
(VMP BMP GEN-8)
(See Hazards and Hazardous Materials)
HAZ-4 Measures to Avoid or Minimize Adverse
Effects on People, Pets, or Other Non-Target
Organisms from Use of Herbicides
(See Hazards and Hazardous Materials)
HAZ-5 Standard Herbicide Use Requirements
(VMP BMP VEG-2)
(See Hazards and Hazardous Materials)
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-9 May 2024
Final Environmental Impact Report
Biological Resources
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
BIO-1 Provide Biologist Review and Worker
Training
1. Attend a biologist-
led environmental
training program.
1. Retain a qualified
biologist to review the
annual work plan each
year and provide
guidance regarding
special-status species,
sensitive habitats, and
mitigation measures,
and to provide an
environmental training
program.
1. Prior to the
start of
construction
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-10 May 2024
Final Environmental Impact Report
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
The City shall retain a qualified biologist to
review the annual work plan each year prior to
conducting proposed Revised Draft VMP
activities. The qualified biologist shall provide
detailed guidance to staff regarding special
status-species, sensitive habitats, and
implementation of relevant mitigation measures
described in this EIR. The qualified biologist shall
also develop and present an environmental
training program to all staff responsible for
performing Revised Draft VMP treatment
activities, including City contractors and
volunteers. The training program shall be
presented annually, at a minimum. Staff shall be
trained to recognize special-status species and
their habitats within the applicable Revised Draft
VMP treatment areas. The training shall include
maps and photos of known special-status species
populations and location of riparian corridors or
sensitive habitats. Staff shall also be trained to
use protective measures, including those
described in Mitigation Measures BIO-2a through
BIO-5, BIO-13, BIO-14, GEO-1, and HAZ-4 and
HAZ-5, to ensure that such species are not
adversely impacted by Revised Draft VMP
activities.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-11 May 2024
Final Environmental Impact Report
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
BIO-2a Avoid Special-Status Plant Species
(revised from VMP BMP BIO-3)
The City and its contractors shall ensure that,
before conducting treatment activities, Revised
Draft VMP treatment areas shall be surveyed for
special-status plants with the potential to occur
in the Revised Draft VMP area. Avoidance of
Presidio Clarkia is described in Mitigation
Measure BIO-4. To avoid and/or minimize
potential impacts on special-status plants, the
following actions shall be taken:
1. A qualified botanist shall conduct protocol-
level surveys for special-status plants within
the treatment area following survey methods
from CDFW’s Protocols for Surveying and
Evaluating Impacts on Special Status Native
Plant Populations and Natural Communities
(CDFW 2018), or most updated version.
Surveys shall be conducted during the
appropriate blooming period before
commencement of work.
1. N/A
2. Provide the City
with advance
notice of
construction
schedule and
anticipated start
date. Support site
access for qualified
biologist.
3. N/A
4. Comply with
biologist
recommended
measures.
5. N/A
6. Do not use
herbicide within
100 feet of special-
status plant
populations.
7. N/A
1. Retain a qualified
biologist to conduct
protocol-level surveys
for special-status
plants within the
treatment area.
2. Ensure qualified
biologist conducts
pre-construction
surveys of
construction work
area according to
CDFW protocol.
3. If special-status
species are not found,
ensure receipt of a
report from the
biologist documenting
findings.
4. If special-status
species are found,
work with biologist to
implement one or
more of listed
measures.
5. Ensure biologist
conducts follow-up
surveys, if needed.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction.
3. Prior to the
start of
construction,
if needed.
4. Prior to the
start of
construction,
as needed.
5. Prior to the
start of
construction,
if needed.
6. During
construction,
as needed.
7. During
construction,
as needed.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-12 May 2024
Final Environmental Impact Report
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion
Date and
Initials
2. If protocol-level surveys, consisting of at least
two survey visits (e.g., early blooming season
and later blooming season) during a normal
weather year, have been completed in the 53
years before implementation of the Revised
Draft VMP treatment project and no special-
status plants were found, and no treatment
activity occurred after the protocol-level
survey, treatment may proceed in that area
without additional plant surveys.
3. If special-status plants are not found, the
botanist will document the findings in a
report to the City and no further mitigation
will be required. Botanical survey reports will
be made available to the public upon
request.
4. If special-status plant species are present at
the treatment area based on the pre-
treatment survey, the City’s preferred
approach is to avoid causing any impacts to
the special-status species or its habitat, if
feasible. In the event that complete
avoidance is not possible, the qualified
biologist shall minimize impacts on the
species by implementing one or more of the
following measures, as appropriate based
upon the plant identified, the nature of the
treatment, and the location:
6. Ensure contractor
compliance with
herbicide use
restrictions.
7. Ensure biologist
determines if the
special-status plant
population will benefit
from treatment in the
occupied habitat area
If impacts to special-
status plant
populations cannot be
completely avoided or
minimized to a less
than significant level.
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A. Flag or otherwise delineate in the field
the special-status plant populations
and/or sensitive natural community to be
protected;
B. Allow adequate (large enough to avoid
direct or indirect impacts to the plants or
habitat) buffers around plants or habitat;
the location of the buffer zone shall be
shown on the contract documents and
marked in the field with stakes and/or
flagging in such a way that exclusion
zones are visible to personnel without
excessive disturbance of the sensitive
habitat or population itself (e.g., from
installation of fencing); and
C. Schedule vegetation treatment or other
activities to take place during dormant
and/or non-critical life cycle period.
5. If special-status plant species are identified at
the treatment area and treatment is not
planned for two years, the qualified biologist
will conduct a follow-up survey prior to
treatment to determine if the boundaries of
the population have shifted and to
implement the measures outlined in step (4)
above.
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6. Herbicides, if chosen as a Revised Draft VMP
treatment method, shall not be used within
100 feet of special-status plant populations.
7. If impacts to special-status plant populations
cannot be completely avoided or minimized
to a less than significant level, the City shall
implement the following measures:
City of Oakland Mitigation Monitoring and Reporting Plan
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The qualified botanist will determine if
the special-status plant population will
benefit from treatment in the occupied
habitat area even though some of the
individual plants may be adversely
affected during treatment activities. If
the qualified botanist determines that
treatment activities will be beneficial to a
special-status plant population, no
compensatory mitigation will be
required. For a treatment to be
considered beneficial to special-status
plants, the qualified botanist will
demonstrate that habitat function is
expected to improve with
implementation of the treatment such
that special-status plant populations
would expand, regenerate, or display
increased vigor after treatment
implementation. This determination will
consider and cite scientific studies
demonstrating that the species or a
similar species has benefitted from
increased sunlight from canopy opening,
eradication of invasive species, or
otherwise reduced competition for
resources. This determination will be
documented in the survey results letter
report. The City may consult with CDFW
and/or USFWS for technical information
regarding this determination.
If a qualified botanist determines that
treatment activities will not be beneficial
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to a special-status plant population, then
Mitigation Measure BIO-2b shall be
implemented.
BIO-2b Provide Compensatory Mitigation for
Special-Status Plant Species
The City shall prepare a Compensatory
Mitigation Plan and provide compensatory
mitigation for impacts on special-status plant
populations where such impacts are
unavoidable, and a qualified botanist has
determined that the treatment activity will not
be beneficial to the special-status plant
population The Compensatory Mitigation Plan
will detail the compensatory mitigation strategy
for unavoidable impacts on special-status plants.
Compensation for unavoidable impacts on
populations of special-status plants shall be
provided by a combination of preservation and
enhancement of those species’ populations. For
impacts on populations (including partial
populations) of a specific special-status plant
species, compensatory mitigation shall include
preservation, enhancement, and management of
lands that (a) already support equal or greater
numbers (and health) of individuals of that
species and (b) contain sufficient unoccupied
habitat to allow for an increase in populations (at
least equivalent to the number affected) through
habitat enhancement and management.
1. N/A
2. N/A
1. Prepare and
implement a
Compensatory
Mitigation Plan per
measure
specifications that is
submitted to CDFW
and/or USFWS (as
appropriate) for
review and comment.
2. Document the results
in a mitigation
monitoring report
until the success
criteria in the plan are
met.
1. Prior to the
start of
construction.
2. During
Mitigation,
following
construction.
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Compensatory mitigation may also include
creating off-site populations on mitigation sites
through seed collection or transplantation
and/or restoring or creating suitable habitat. To
determine the magnitude of the impact to the
entire population of the species, the number of
individuals affected will be determined by using
the highest number of individuals known to be
present in the impact area within the prior 10
years (if the impact area has undergone multiple
surveys in recent years). If the special-status
plant taxa impacted are listed under ESA, CESA,
or NPPA, the Compensatory Mitigation Plan will
be submitted to CDFW and/or USFWS (as
appropriate) for review and comment.
Success criteria for preserved and compensatory
populations shall include:
The extent of occupied area and plant
density (number of plants per unit area) in
compensatory populations would be equal to
or greater than the affected occupied
habitat.
Compensatory and preserved populations
would be self-producing. Populations would
be considered self-producing when:
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o plants reestablish annually for a
minimum of five years with no human
intervention such as supplemental
seeding; and
o reestablished and preserved habitats
contain an occupied area and flower
density comparable to existing occupied
habitat areas in similar habitat types in
the treatment area vicinity.
If off-site conservation includes dedication of
conservation easements, purchase of mitigation
credits, or other off-site conservation measures,
the Compensatory Mitigation Plan shall include
details of these measures, including information
on responsible parties for long-term
management, conservation easement holders,
long term management requirements, success
criteria such as those listed above and other
details, as appropriate to target the preservation
of long -term viable populations.
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If relocation efforts are part of the Compensatory
Mitigation Plan, the plan shall include details on
the methods to be used, including collection,
storage, propagation, receptor site preparation,
installation, long-term protection, and
management, monitoring and reporting
requirements, success criteria such as those
listed above, and remedial action responsibilities
should the initial effort fail to meet long-term
conservation requirements.
After the Compensatory Mitigation Plan has
been implemented, the City shall document the
results in a mitigation monitoring report until the
success criteria in the plan are met.
BIO-3. Seeding with Native Species (VMP BMP
BIO-10)
To minimize the potential for invasive plant
species to colonize exposed soils and
subsequently spread into adjacent listed plant
populations, the City and its contractors shall
reseed exposed soil resulting from Revised Draft
VMP activities as follows:
1. Reseed exposed
soil per measure
specifications.
2. Ensure that
contractor reseeds
exposed soil per
measure
specifications.
1. Following the
completion of
soil- disturbing
VMP activities.
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1. Sites where vegetation management
activities result in exposed soil shall be
stabilized to prevent erosion. Disturbed areas
shall be seeded with native seed as soon as is
appropriate after vegetation management
activities are completed. An erosion control
seed mix may be applied to exposed soils,
including down to the ordinary high-water
mark on stream banks.
2. The erosion control seed mix shall consist of
California native grasses (such as, but not
limited to Hordeum brachyantherum, Elymus
glaucus, Stipa pulchra, Danthonia californica,
and Festuca microstachys) or annual, sterile
seed. If feasible, the collection sources of
native seeds will be from local or regional
sources.
BIO-4. Avoid Presidio Clarkia Sensitive Time
Periods
1. Comply with listed
measures if stated
criteria are met.
1. Ensure contractor
compliance with listed
measures if stated
criteria are met.
1. Prior to the
start of
construction
and during
construction,
if needed.
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If Revised Draft VMP treatment activities,
including mowing and weed eating, are planned
within known habitat for Presidio clarkia (defined
as the median strips and roadside along Skyline
Boulevard and Chadbourne Way between
Crestmont Drive and Redwood Road, roadsides
along the north side of Kimberlin Heights Drive,
Colgett Drive, the roadside of Crestmont Drive at
the junction with Westfield Way, the roadside of
Old Redwood Road, and the portion of Joaquin
Miller Park located south of Skyline Boulevard
near the junction with Joaquin Miller Road), the
City and its contractors shall ensure that the
following processes are followed:
Annually prior to the implementation of
proposed Revised Draft VMP treatment
activities within Presidio clarkia known
habitat areas, a qualified botanist shall
conduct a survey of Presidio clarkia
distribution in areas where Revised Draft
VMP treatments are proposed during the
blooming period for this species (typically
May and June). The botanist shall mark the
limits of the Presidio clarkia distribution, and
no work shall occur in these areas until a
qualified botanist determines that the
Presidio clarkia have released their seeds,
which typically occurs in the late summer.
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If Revised Draft VMP treatments occur in
areas adjacent to marked Presidio clarkia
populations during the species growing
season prior to Presidio clarkia seed release,
a biological monitor shall be present during
treatment implementation. The biological
monitor shall monitor work crews to prevent
accidental entry into the Presidio clarkia
areas.
Herbicides, if chosen as a Revised Draft VMP
treatment method, shall not be used within
100 feet of Presidio clarkia known habitat
areas.
BIO-5. Grazing (revised from VMP BMP
BIO-6)
1. Livestock shall generally (in >80 percent of
situations) be excluded from riparian areas
where feasible, and shall be entirely (i.e.,
completely) excluded from streams with
steep banks. Grazing contractors shall
provide alternative water sources to avoid
livestock reliance on natural water sources.
Prior to conducting grazing on creekside
properties (as defined in the Creek
Protection Ordinance), the City shall obtain a
Creek Protection Permit.
1. Comply with listed
measures
pertaining to
grazing.
1. Ensure contractor
compliance with listed
measures pertaining
to grazing.
1. Prior to the
start of
construction
and during
construction.
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2. If temporary fencing is used during grazing
treatments, wildlife-friendly fencing design
shall be used. The fencing shall minimize the
chance of wildlife entanglement by avoiding
barbed wire, loose or broken wires, or any
material that could impale or snag a leaping
animal. The fencing shall be highly visible to
birds and mammals by using high-visibility
tape or wire, flagging, or other markers.
Fencing shall be constructed to allow wildlife
to jump over easily without injury by
installing the top wire low enough (no more
than approximately 40 inches high on flat
ground) to allow adult deer to jump over it.
3. Livestock shall be excluded from known
locations of special-status plant species and
mixed chaparral habitat. If a qualified
botanist determines that grazing would be
beneficial to a special-status plant species,
grazing may occur within the special-status
plant population under the direct supervision
of a qualified botanist.
4. Livestock shall be monitored to ensure over-
grazing of treatment areas does not occur.
Grasslands should not be grazed to less than
4 inches.
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5. Livestock shall be excluded from areas
treated with herbicide for, at a minimum, the
post-treatment exclusion period included on
the herbicide product label.
BIO-6. Trash Removal (revised from VMP BMP
BIO-7)
The City and its contractors shall be required to
keep all waste and contaminants contained and
remove them daily from the work site. Wildlife-
proof trash receptacles shall be used. Uneaten
human food and trash attracts predators of the
California red legged frog and Alameda
whipsnake. A litter control program shall be
instituted at each vegetation treatment site. All
workers shall ensure their food scraps, paper
wrappers, food containers, cans, bottles, and
other trash are deposited in covered or closed
trash containers. The trash containers shall be
removed from the vegetation treatment site at
the end of each working day.
1. Comply with listed
trash removal
measures.
1. Ensure contractor
compliance with trash
removal measures.
1. During
construction.
BIO-7. Protection of Alameda Whipsnake
(revised from VMP BMP BIO-5)
1. Prior to implementing vegetation treatments
in suitable Alameda whipsnake habitat
(within 500 feet of core habitat), personnel
involved in vegetation removal and earth-
disturbing activities shall participate in an
Environmental Awareness Training per
1. Attend an
Environmental
Awareness
Training per
Measure BIO-1.
2. N/A
1. Retain a qualified
biologist to conduct
an Environmental
Awareness Training
per Measure BIO-1.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction.
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Mitigation Measure BIO-1. Workers shall be
informed about Alameda whipsnake and
their habitat, conservation goals,
identification, and procedures to follow in
the event of a possible sighting.
2. Any coastal scrub and chaparral habitat
present within a vegetation treatment area
shall be inspected by a qualified biologist
prior to treatment to determine the presence
or potential presence of Alameda
whipsnakes.
3. To the maximum extent practicable,
vegetation clearing activities in coastal scrub
habitats shall be scheduled to avoid the
breeding period for the Alameda whipsnake
(March 15 through June 15).
4. A qualified biological monitor shall monitor
vegetation removal and ground disturbance
within Alameda whipsnake habitat, or other
activities that may result in take of Alameda
whipsnake. The biological monitor shall have
the authority to stop any work that could
result take of Alameda whipsnake. If an
Alameda whipsnake is observed, the snake
will be allowed to leave the area on its own
volition.
3. Work with the
City to schedule
vegetation
clearing activities
in coastal scrub
habitats outside
of the Alameda
Whipsnake
breeding period,
as feasible.
4. Listen to
recommendations
of biologist and
stop work if
needed. Resume
work only if
biologist says it’s
okay.
5. N/A
6. Do not use plastic
monofilament
netting of erosion
occurs.
2. Ensure biologist
inspects any coastal
scrub or chaparral
habitat prior to
treatment.
3. Work with the
contractor to
schedule vegetation
clearing activities in
coastal scrub habitats
outside of the
Alameda Whipsnake
breeding period, as
feasible.
4. Ensure biologist
monitors vegetation
removal and ground-
disturbing activities
within Alameda
Whipsnake Habitat.
5. Ensure biologist
monitors treatment
area for Alameda
Whipsnake prior to
the start of work and
checks equipment
and debris piles
before they are
moved.
3. Prior to the
start of
construction.
4. During
construction.
5. During
construction.
6. During
construction,
if needed.
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5. The biological monitor shall inspect the
treatment area for Alameda whipsnake each
day before work begins by checking debris
piles, and also beneath vehicles/equipment
before it is moved.
6. If erosion control is needed, plastic
monofilament netting or similar material
containing netting shall not be used, as
Alameda whipsnake may become entangled
in this material. Coconut coir matting or
tackified hydroseeding compounds are
acceptable alternatives.
6. N/A
BIO-8: Protection of California Red-legged Frogs
and Western Pond Turtles (based on VMP BMP
BIO-4)
If vegetation treatment areas are planned within
100 feet of aquatic habitat, the City and its
contractors shall implement the following
measures.
1. A qualified biologist shall conduct one
daytime survey for California red-legged frog
and western pond turtle within 48 hours
before commencement of vegetation
management activities.
1. Communicate
with the City
regarding planned
construction start
dates to support
biologist surveys.
2. Comply with all
biologist measures
and
recommendations.
3. N/A
4. Comply with
biologist buffer for
WPT.
1. Retain a qualified
biologist to conduct a
daytime survey for
CRLF and WPT within
48 hours before start
of construction, if
needed.
2. Ensure biologist
implements the listed
measures, if
applicable.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction
and during
construction.
3. Prior to the
start of
construction.
4. During
construction.
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2. If no California red-legged frogs or western
pond turtles are found within the activity
area during the survey, the work may
proceed.
3. If a California red-legged frog or western
pond turtle, or the eggs or hatchlings of
western pond turtle, are found within the
activity area during the survey or during VMP
activities, the qualified biologist shall
implement the following measures:
A. For vegetation management activities
that will take less than 1 day, conduct a
survey for red-legged frogs and western
pond turtles on the morning of and
before the scheduled work.
I. If no California red-legged frogs,
western pond turtles, or turtle nests
are found, the work may proceed.
5. Resume work in
buffer area only
when biologist
suggests it is okay.
6. N/A
3. For work that will take
more than one day,
ensure biologist a
survey for California
red-legged frogs and
western pond turtles
each morning before
the scheduled work
commences.
4. If WPT nest is found,
ensure biologist
implements a 100-
foot buffer zone
around the nest shall
be established and
maintained during the
breeding and nesting
season.
5. Provide notice to the
contractor when work
can resume, with
recommendation of
the biologist.
5. During
construction,
if needed.
6. During
construction,
if needed.
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II. If eggs or larvae of either species are
found, a 100-foot no-disturbance
buffer zone shall be established
around the location of the eggs.
Work may proceed outside of the
buffer zone; however, work within
the buffer zone shall be postponed
until the eggs have hatched and
young turtles have moved outside of
the work area. The monitoring
biologist shall determine the buffer
size based on the specific site
conditions and type of vegetation
management.
III. If an active western pond turtle nest
is detected within the treatment
area, a 100-foot buffer zone around
the nest shall be maintained during
the breeding and nesting season
(April 1-August 31). The buffer zone
shall remain in place until the young
have left the nest and moved outside
of the work area, as determined by a
qualified biologist.
IV. If adult or juvenile California red-
legged frogs or western pond turtles
are found, the qualified biologist
shall implement one of the following
two procedures:
6. If WPT or CRLF are
found, ensure
individual(s) are
captured and
relocated by a
qualified biologist
(with USFWS and/or
CDFW approval).
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a.) If, in the opinion of the qualified
biologist, the individual(s) are likely
to leave the work area on their own,
and work can be feasibly
rescheduled, a buffer zone shall be
established around the location of
the individual(s). Work may proceed
outside of the buffer zone. Work
within the buffer zone shall be
postponed until the individual(s)
have left the area, as determined by
the qualified biologist. The
monitoring biologist shall determine
the buffer size based on the specific
site conditions and type of
vegetation management.
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b.) If, in the opinion of the qualified
biologist, capture and removal of the
individual(s) to a safe location
outside of the work area is less likely
to result in adverse effects than
leaving the individual(s) in place and
rescheduling the work (e.g., if the
individual[s] could potentially hide
and be missed during a follow-up
survey), the individual(s) shall be
captured and relocated by a qualified
biologist (with USFWS and/or CDFW
approval, depending on the listing
status of the species in question),
and work may proceed.
B. For vegetation management that will
take more than 1 day, the qualified
biologist shall conduct a survey for
California red-legged frogs and western
pond turtles each morning before the
scheduled work commences.
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I. If an active western pond turtle nest
is detected within the treatment
area, a 100-foot buffer zone around
the nest shall be established and
maintained during the breeding and
nesting season (April 1-August 31).
The buffer zone shall remain in place
until the young have left the nest and
moved outside of the work area, as
determined by a qualified biologist.
II. If adult or juvenile California red-
legged frogs or western pond turtles
are found, the individual(s) shall be
captured and relocated by a qualified
biologist (with USFWS and/or CDFW
approval, depending on the listing
status of the species in question),
and work may proceed.
BIO-9: Protection of California Red-legged Frogs
from Herbicide Use (VMP BMP BIO-2)
In accordance with Mitigation Measure HAZ-
5, only herbicides approved for use by USEPA
and registered for use by CDPR shall be used
for vegetation management, and approved
herbicides shall be applied in accordance
with federal, state, and local regulations.
1. Comply with all
measures related
to the protection
of California red-
legged frogs.
1. Ensure contractor
compliance with
relevant measures.
1. During
construction.
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In accordance with Mitigation Measure HAZ-
5, no herbicides shall be applied in open
water or within 60 feet of streams.
In project areas identified as providing
suitable habitat for the California red legged
frog, the City shall ensure that any
applications of sprayable formulations of
herbicides shall:
1. be applied only when the air is calm or
moving away from red-legged frog
habitat;
2. begin in the portion of the work area
nearest the suitable habitat and proceed
away from the habitat; and
3. not be conducted within 40 yards upwind
of suitable habitat when air currents are
moving toward the habitat.
BIO-10: Minimize Impacts to Nesting Birds via
Site Assessments and Avoidance Measures
(revised from VMP BMP BIO-1)
When feasible, tree and shrub removal shall
be conducted outside of the typical bird
nesting season (February 1 and August 31).
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For activities occurring between February 1
and August 31, project areas shall be
surveyed by a qualified biologist for nesting
birds within 2 weeks prior to starting work. If
a lapse in project-related work of 2 weeks or
longer occurs, the treatment area shall be
resurveyed before project work can be
reinitiated.
If nesting birds are found, a buffer shall be
established around the nest and maintained
until the young have fledged. Appropriate
buffer widths are 250 feet for raptors,
herons, and egrets; 25 feet for ground-
nesting non-raptors; and 50 feet for non-
raptors nesting on trees, shrubs, and
structures. A qualified biologist may identify
an alternative buffer based on a site-specific
evaluation. No work shall occur within the
buffer without written approval from a
qualified biologist, for as long as the nest is
active.
The boundary of each buffer zone shall be
marked with fencing, flagging, or other easily
identifiable marking if work will occur
immediately outside the buffer zone.
All protective buffer zones shall be
maintained until the nest becomes inactive,
as determined by a qualified biologist.
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If monitoring shows that disturbance to
actively nesting birds is occurring, buffer
widths shall be increased until monitoring
shows that disturbance is no longer
occurring. If this is not possible, work shall
cease in the area until young have fledged
and the nest is no longer active.
BIO-11: Protection of Bat Colonies (VMP BMP
BIO-8)
To minimize impacts on special-status bats (e.g.,
pallid bat, western mastiff bat, and western red
bat) and large colonies of CEQA-relevant bats,
the City and its contractors shall implement the
following practices during tree trimming and
removal activities:
1. Comply with all
listed measures.
1. Ensure contractor
compliance.
1. During
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-35 May 2024
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1. If high-quality habitat for roosting bats (i.e.,
large trees with cavities of sufficient size to
support roosting bats, as determined by a
qualified bat biologist) is present, a qualified
bat biologist shall conduct a survey for
evidence of bat use within 2 weeks before
the commencement of work activities. If bat-
use evidence is observed, or if high-quality
roost sites are present in areas where
evidence of bat use might not be detectable
(such as a tree cavity), the biologist shall
conduct an evening survey and/or nocturnal
acoustic survey (as necessary) to determine if
a bat colony is present and to identify the
specific location of the bat colony.
2. If no active maternity colony or non-breeding
bat roost is located, work can continue as
planned.
3. If an active maternity colony or non-breeding
bat roost is located, work shall be
redesigned/rescheduled to avoid disturbance
of the roosts, if feasible.
City of Oakland Mitigation Monitoring and Reporting Plan
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4. If an active maternity colony is located and
work cannot be redesigned to avoid removal
or disturbance of the occupied tree or
structure, disturbance shall take place
outside the maternity roost season (March
15−July 31), and a disturbance free buffer
zone (determined by a qualified bat biologist
based on the roost situation and species’
sensitivity) shall be observed during this
period.
5. If an active non-breeding bat roost is located
and work cannot be redesigned to avoid
removal or disturbance of the occupied tree
or structure, the individuals shall be safely
evicted between August 1 and October 15 or
from February 15 to March 14. Bats may be
evicted through exclusion after notifying
CDFW. Trees with roosts that need to be
removed shall first be disturbed at dusk, just
before removal that same evening, to allow
bats to escape during the darker hours.
BIO-12: Protection of Dusky-footed Woodrats
(VMP BMP BIO-9)
1. Communicate
with the City
regarding planned
construction start
dates to support
biologist surveys.
1. Retain a qualified
biologist to conduct a
focused survey for
woodrat houses.
2. Preserve any woodrat
stick houses found, as
feasible.
1. Prior to the
start of
construction.
2. During
construction,
as needed.
City of Oakland Mitigation Monitoring and Reporting Plan
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1. If woodland, forest, or scrub habitat is
present in a treatment area, a qualified
biologist shall conduct a focused survey
for woodrat stick houses within the
treatment area, access routes, and
staging areas within seven days of the
commencement of treatment activities.
2. If a woodrat stick house is identified in a
work area, the City shall attempt to
preserve the nest and maintain an intact
dispersal corridor between the stick
house and undisturbed habitat. Retained
woodrat stick houses shall be marked
with high visibility construction fencing
or flagging to avoid accidental
encroachment on the stick house.
2. Work with City to
preserve and
avoid woodrat
houses.
3. N/A
3. Ensure the biologist
deconstructs the
woodrat house if it
cannot be avoided
and relocates it to the
nearest undisturbed
suitable habitat
3. During
construction,
as needed.
City of Oakland Mitigation Monitoring and Reporting Plan
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3. If the woodrat stick house cannot be
avoided, a qualified biologist shall
deconstruct the stick house by hand in a
phased approach and relocate the stick
house materials to the nearest
undisturbed suitable habitat. In the
phased dismantling process, each house
will be partially dismantled on the first
day, and the remainder will be
dismantled the next day, to encourage
dispersal of any woodrats present. If the
biologist observes that young are
present, dismantling shall cease.
Dismantling shall resume when the
biologist determines that the young have
left or are old enough to vacate under
their own volition.
BIO-13: Avoid Monarch Butterfly Host Plants
and Overwintering Sites
A qualified biologist or biological monitor
working under a qualified biologist shall
conduct pre-construction surveys for
milkweed (Asclepias spp.). Detected
milkweeds shall be inspected for evidence of
monarch butterfly eggs, larvae, or pupae.
1. Communicate with
the City regarding
planned
construction start
dates to support
biologist surveys.
2. Follow biologist
recommendations.
1. Retain a qualified
biologist to conduct
pre-construction
surveys for milkweed.
2. Ensure biologist
recommends
appropriate buffers, if
needed.
3. Ensure herbicide
requirements are
followed.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction,
if needed.
3. During
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
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Milkweeds found containing eggs, larvae, or
pupae of monarch butterflies shall be
avoided and protected with an appropriately-
sized buffer as determined by a qualified
biologist (at least 10 feet). The biologist shall
consider plant species characteristics and the
nature of the proposed treatment when
establishing the buffer.
No herbicides shall be applied within 60 feet
of milkweed occupied by any life stage of
monarch butterfly.
Vegetation treatment may proceed if a
qualified biologist determines that the
milkweeds (1) are not occupied by monarchs,
and (2) may benefit from treatment (such as
if the host plants have already set seed and
post-treatment conditions would favor them
over non-native weed species).
Prior to Revised Draft VMP activities in tree
groves comprised primarily or entirely of
pine, cypress, or eucalyptus, a qualified
biologist or biological monitor working under
a qualified biologist shall survey the grove for
aggregations of monarch butterflies during
the overwintering season (November 1 –
March 1).
3. Do not spray
herbicide within 60
feet of occupied
monarch habitat.
4. Only continue
vegetation
treatments if
biologist
determines it is
okay to do so.
5. N/A
6. Follow biologist
recommendations
and timeline.
4. N/A
5. Ensure biologist
monitors work in
applicable tree groves
during the
overwintering season.
6. Ensure biologist makes
appropriate
recommendations per
measure specifications.
4. During
construction,
if needed.
5. During
construction.
6. During
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
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If no monarch overwintering aggregations
are observed, Revised Draft VMP activities
may proceed if they occur prior to November
1. If Program activities are delayed beyond
November 1, then the grove shall be re-
surveyed.
If a monarch overwintering aggregation of
any size is detected, then no Revised Draft
VMP activities may take place inside the tree
canopy within 200 feet of the aggregation.
Activities outside of the canopy line but
within 200 feet (e.g., treatment of low-
growing vegetation outside of the tree grove)
may proceed if a qualified biologist or
monitor determines that the activity does
not pose a threat to the monarch
aggregation.
(i) Once the aggregation disperses
(typically by March), treatment of
vegetation within 200 feet of trees
where monarch aggregations were
observed may proceed if, as
determined by a qualified biologist or
monitor, it would not result in
significant adverse impacts to monarch
overwintering habitat.
City of Oakland Mitigation Monitoring and Reporting Plan
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(ii) Standing dead trees generally do not
contribute to monarch overwintering
habitat (Xerces Society 2017) and may
be removed within the grove, outside
of the overwintering period, as
determined appropriate by a qualified
biologist or monitor.
BIO-14: Avoid Crotch Bumble Bee Nests
Prior to ground-disturbing activities in
grassland or coastal scrub habitat, a qualified
biologist shall conduct a pre-construction
survey for nesting Crotch bumble bees.
Surveys shall focus on burrows and, when
feasible, shall be conducted during the
period of highest detection probability (April
through August) for this species.
If no state-listed bumble bee nests are
detected during the survey, Revised Draft
VMP activities may proceed.
If state-listed bumble bee nests are
detected, the qualified biologist shall
establish a non-disturbance buffer around
the nest (at least 10 feet) and no ground-
disturbing activities shall occur within the
buffer until the qualified biologist determines
that the nest is no longer active.
1. Communicate with
the City regarding
planned
construction start
dates to support
biologist surveys.
2. Comply with
biologist
recommendations.
1. Retain a qualified
biologist to conduct
pre-construction
surveys for nesting
Crotch bumble bees.
2. Ensure biologist
establishes an
appropriate
disturbance buffer
around nest, if
needed.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction,
as needed.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-42 May 2024
Final Environmental Impact Report
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BIO-15: Avoid Riparian Habitat and Develop and
Implement a Plan to Replace Affected Riparian
Habitat
The City’s preferred approach is to avoid causing
any impacts to riparian areas, if feasible. Before
implementation of treatment activities, the City,
under the direction of a qualified biologist, shall
flag or fence riparian areas to be avoided with
brightly visible construction flagging and/or
fencing. For unavoidable impacts to riparian
habitat, the City shall develop and implement a
plan to replace riparian habitat affected by VMP
activities.
For replacement of riparian habitat, native
riparian trees 4-6 inches dbh removed for the
Revised Draft VMP shall be replaced at a 2:1
ratio; native riparian trees larger than 6 inches
dbh shall be replaced at a 3:1 ratio. These
replacement trees shall be planted within
riparian zones in the Revised Draft VMP area.
Planted trees shall be monitored annually for 5
years to assess the effectiveness of replacement
efforts, and results shall be reported to CDFW.
The performance standard for success of the
mitigation shall be 65 percent survival of planted
trees after 5 years.
1. Communicate
with the City
regarding planned
construction start
dates to support
biologist surveys.
2. Comply with the
City’s plan to
replace riparian
habitat affected
by VMP activities.
Per measure
specifications.
1. Retain a qualified
biologist to flag or
fence riparian areas to
be avoided.
2. Develop and
implement a plan to
replace riparian
habitat affected by
VMP activities, per
measure
specifications.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction
and during
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
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Alternatively, the City may preserve existing
riparian habitat of equal or better value to the
affected riparian habitat through a conservation
easement at a sufficient ratio to offset the loss of
riparian habitat function.
BIO-16: Prevent the Spread of Invasive Plants
and Plant Pathogens
To minimize the spread of plant pathogens, the
City and its contractors shall require that all
equipment (including personal gear such as
boots) shall be cleaned of soil, seeds, and plant
material prior to arriving on a treatment site. All
soil and organic material (e.g., roots, sap) shall be
removed from the surfaces of equipment and
clothing. If necessary, a detergent solution and
brush shall be used to scrub surface
contaminants at a utility sink.
1. Comply with all
listed measures.
1. Ensure contractor
compliance with listed
measures.
1. During
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
Revised Vegetation Management Plan A-44 May 2024
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Tools and machinery used to prune, cut, or chip
trees infected with pitch canker disease shall be
cleaned and sterilized before being used on
uninfected trees or in uninfested areas. Tools
and machinery used to prune, cut, or chip trees
or shrubs in areas of known SOD infestation
(currently Garber Park, Shepherd Canyon,
Dimond Canyon Park, Joaquin Miller Park, Leona
Heights Park, Knowland Park, Sheffield Village,
and roadside areas of Skyline Boulevard) shall be
cleaned and sterilized before being used in a new
treatment area. Tools and machinery will be
cleaned and sterilized prior to being used in
proximity to known pallid manzanita
populations. Ethyl or isopropyl alcohol (70-90%),
10% solution of bleach (1 part household bleach
in 9 parts water), or a quaternary ammonium
disinfectant (such as Lysol®) may be used. Proper
use of ethyl or isopropyl alcohol involves
spraying to thoroughly wet the surface and
allowing to air dry before use. For freshly diluted
bleach solution, exposure for a minimum of 1
minute is required. As bleach solutions degrade
quickly, bleach solutions dispensed by spray
bottles must be made fresh daily. Due to
corrosivity, bleach solutions are not advised for
steel or other materials that could be damaged
by corrosion. Proper use of quaternary
ammonium disinfectant involves use according
to manufacturer recommendations.
City of Oakland Mitigation Monitoring and Reporting Plan
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Limbs and small pieces of wood from diseased
trees may be chipped and the mulch deposited
on site. Any material, including logs, that is
removed from the site should be tightly covered
with a tarp during transit and taken to the
nearest landfill or designated disposal facility for
prompt burial, chipping, and composting, or
burning. Diseased wood shall not be transported
beyond Alameda or Contra Costa County.
BIO-17: Avoid Impacts on Federally Protected
and State-Protected Wetlands and Waters, as
Feasible
To the extent feasible, Revised Draft VMP
activities shall avoid federally protected and
state-protected wetlands and waters. If Revised
Draft VMP treatments are planned to occur
within or immediately adjacent to wetlands or
waters, the City and its contractors shall restore
surface topography and drainage to pre-
implementation conditions. Where appropriate,
revegetation shall be implemented with site-
adapted native species.
1. Avoid federally
protected and
state-protected
wetlands and
waters during
construction, to
the extent
feasible.
2. Work with the City
to restore surface
topography and
drainage to pre-
implementation
conditions and to
revegetate, when
necessary.
1. Ensure contractor
avoids federally
protected and state-
protected wetlands
and waters during
construction, to the
extent feasible.
2. Work with the
contractor to restore
surface topography
and drainage to pre-
implementation
conditions and to
revegetate, when
necessary.
1. During
construction.
2. During
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
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BIO-18: Provide Compensatory Mitigation for
Unavoidable Impacts on Waters of the United
States and the State
1. N/A
2. N/A
1. Obtain necessary
permits to work in
Waters of the U.S. and
of the State.
2. Comply with related
mitigation in areas
where permanent loss
would result, as
needed, consistent
with CWA Section 404
permit, the Final Rule
on Compensatory
Mitigation for Losses
of Aquatic Resources
(73 Code of Federal
Regulations [CFR]
19594), and the
Regional
Compensatory
Mitigation and
Monitoring Guidelines
for the South Pacific
Division (U.S. Army
Corps of Engineers
[USACE] 2015, or
current version).
1. Prior to the
start of
construction.
2. During
construction
and following
the
completion of
construction.
City of Oakland Mitigation Monitoring and Reporting Plan
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Work within areas defined as waters of the U.S.
that includes placement of fill will require a Clean
Water Act (CWA) Section 404 permit and Section
401 Water Quality Certification. All work
proposed in jurisdictional waters of the U.S. must
be authorized under these permits, and the work
must comply with the general and regional
conditions of the permits. In areas where
permanent loss of jurisdictional waters or
wetlands would result, the City shall ensure that
mitigation is implemented such that no net loss
would occur for permanent impacts, consistent
with the terms of the CWA Section 404 permit,
the Final Rule on Compensatory Mitigation for
Losses of Aquatic Resources (73 Code of Federal
Regulations [CFR] 19594), and the Regional
Compensatory Mitigation and Monitoring
Guidelines for the South Pacific Division (U.S.
Army Corps of Engineers [USACE] 2015, or
current version). Compensatory mitigation may
include purchase of credits from an approved
mitigation bank or in-lieu fee program, or
creation, reestablishment, or enhancement of
wetlands in the Revised Draft VMP area or at an
off-site location. At a minimum, mitigation shall
be provided at a ratio that ensures no net loss of
the functions and values associated with the
affected resources.
City of Oakland Mitigation Monitoring and Reporting Plan
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GEO-1: Minimize Area of Disturbance (Revised
from VMP BMP GEN-2)
(See Geology, Soils, and Seismicity)
GEO-2: Erosion and Sediment Control Measures
(VMP BMP GEN-3)
(See Geology, Soils, and Seismicity)
HAZ-1: Vehicle and Equipment Maintenance
(VMP BMP GEN-8)
(See Hazards and Hazardous Materials)
HAZ-2: Vehicle and Equipment Fueling (VMP
BMP GEN-9)
(See Hazards and Hazardous Materials)
HAZ-3: On-Site Hazardous Materials
Management (VMP BMP GEN-5)
(See Hazards and Hazardous Materials)
HAZ-4: Measures to Avoid or Minimize Adverse
Effects on People, Pets, or Other Non-Target
Organisms from Use of Herbicides
(See Hazards and Hazardous Materials)
HAZ-5: Standard Herbicide Use Requirements
(VMP BMP VEG-2)
(See Hazards and Hazardous Materials)
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HAZ-6: Spill Prevention and Response (VMP
BMP GEN-7)
(See Hazards and Hazardous Materials)
HAZ-8: Existing Hazardous Materials (VMP BMP
GEN-6)
(See Hazards and Hazardous Materials)
HYD/WQ-1: Work Windows (VMP BMP GEN-1)
(See Hydrology and Water Quality)
Cultural Resources
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date
and Initials
CUL-1: Provide Sensitivity Training, Assess
Archaeological Sensitivity, and Survey Areas of
High or Highest Sensitivity
1. N/A
2. N/A
3. N/A
4. N/A
1. Ensure that City
workers receive
informal training
to educate them
about
archaeological
resources.
2. Work with a
qualified
archaeologist to
prepare adequate
training materials.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction.
3. Prior to the
start of
construction.
4. Prior to the
start of
construction.
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Although vegetation management activities can
occur all year round, the City will ensure that
City workers and members of stewardship
groups who assist with implementing the VMP
will receive informal training in the form of a
brochure to educate them about the need to
avoid and protect significant archaeological
resources. The material will be developed by a
qualified archaeologist meeting the U.S.
Secretary of the Interior’s guidelines for
professional archaeologists. The material will
include relevant information regarding sensitive
cultural resources, including applicable
regulations, protocols for avoidance, and
consequences of violating state laws and
regulations. The material will also describe
appropriate avoidance and minimization
measures for resources that could be discovered
and will outline what to do and whom to contact
if potential archaeological resources or artifacts
are encountered. The requirement for
confidentiality and culturally appropriate
treatment of any finds of significance to Native
Americans, consistent with Native American
tribal values, will be underscored.
During development of the VMP annual work
plan, the maps that depict the archaeological
sensitivity of each treatment area will be
reviewed by OFD and compared to the proposed
VMP treatment activities. If the work plan
includes ground-disturbing techniques in areas
3. Ensure OFD
reviews
archaeological
sensitivity maps
for each
treatment area
during
development of
the VMP annual
work plan.
4. If ground-
disturbing
techniques are set
to occur in areas
with high
sensitivity, modify
the work plan to
include non-
ground-disturbing
techniques, or,
retain a qualified
archaeologist to
survey prior to the
start of work.
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identified as having high or highest sensitivity,
either the work plan will be modified to use non-
ground-disturbing techniques, or the treatment
area will be surveyed by a qualified
archaeologist. If archaeological resources are
identified, Mitigation Measure CUL-2 will be
implemented.
CUL-2: Avoid Use of Techniques that Cause
Ground Disturbance within Known
Archaeological Historical Resources
1. Either avoid
areas that have
been identified
as archaeological
sites, or work
with the City to
conduct an
evaluation study.
2. If a site is
evaluated and
found to be
eligible for
listing, preserve
the site in place,
as feasible.
1. Either avoid areas
that have been
identified as
archaeological
sites, or work with
the contractor to
conduct an
evaluation study.
2. If a site is
evaluated and
found to be
eligible for listing,
preserve the site
in place, as
feasible.
1. Prior to the
start of
construction
and during
construction.
2. During
construction,
as needed.
3. During
construction,
as needed.
4. During
construction,
as needed.
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One known archaeological site (Skyline Ranch)
that appears eligible for listing in the
CRHR/NRHP exists within the VMP area, and
four previously recorded sites in the VMP area
have not been evaluated for eligibility.
Additionally, other sites may be identified in the
future during VMP-related activities or through
cultural resources studies for other City projects.
Archaeological sites that have been identified
but not evaluated can be treated by avoidance
or by conducting an evaluation study. If a site is
evaluated and determined not to be eligible for
listing in the CRHR/NRHP, future avoidance of
any kind is not required. If a site is found to be
eligible, preservation in place is the preferred
treatment under Section 15126.4(b)(3) of the
CEQA Guidelines. As such, grazing and
mechanical techniques, along with hand labor
activities that cause ground disturbance, would
not be implemented within the site boundaries
and a 10-foot buffer. Alternatively, though not
preferred, data recovery studies of eligible sites
could take place, and the OFD would then be
able to use any VMP method deemed
appropriate.
3. Halt grazing,
mechanical
treatments, or
ground-
disturbing hand
labor activities
occur within ten
feet of a site that
is found eligible
for listing.
4. If preservation in
place of a site
that is listed for
eligibility is not
feasible, work
with City and
OFD to set-up
data recovery
studies of all
eligible sites and
evaluate which
VMP methods
are appropriate.
3. Ensure no grazing,
mechanical
treatments, or
ground-disturbing
hand labor
activities occur
within ten feet of
a site that is found
eligible for listing.
4. If preservation in
place of a site that
is listed for
eligibility is not
feasible, set-up
data recovery
studies of all
eligible sites and
work with OFD to
evaluate which
VMP methods are
appropriate.
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CUL-3: Response Measures for Potential
Unknown Archaeological Resources and Tribal
Cultural Resources
If evidence of any subsurface archaeological
features or deposits (e.g., lithic scatters, midden
soils, historic era mining, farming, or
construction materials) is discovered during VMP
treatment activities, all ground-disturbing
activity in the area of the discovery shall be
halted within 50 feet of the find until a qualified
archaeologist can assess the significance of the
find and make recommendations. If the finds are
of Native American origin, a Native American
representative from a traditionally and culturally
affiliated tribe will be notified and invited to
assess the significance of the find and make
recommendations in collaboration with the
archaeologist. If the site can be protected in
place and avoided, no further action is
necessary. Further evaluation for CRHR eligibility
and treatment will be required if the resource
cannot be protected and avoided. Such
evaluations shall be conducted by a qualified
archaeologist and, if the site is of Native
American origin, in consultation with a Native
American representative from a tribe with a
traditional and cultural affiliation with the
project area.
If, after evaluation, a resource is considered
significant, or is considered a tribal cultural
1. Halt work within
50 feet if any
evidence of
subsurface
archaeological
features or
deposits are
found.
2. Do not resume
work until
qualified
archaeologist
states it is okay.
3. Follow all
archaeologist
recommendations.
4. N/A
5. N/A
1. Ensure that work
is halted within 50
feet of any
archaeological
discoveries.
2. Retain a qualified
archaeologist to
assess the finding
of the resource(s)
and make
recommendations
about the
significance and
appropriate
timeline to
resume work
activities.
3. Ensure contractor
compliance with
archaeologist
recommendations.
4. Ensure proper
CEQA process is
followed, if
needed.
1. During
construction,
if needed.
2. During
construction,
if needed.
3. During
construction,
if needed.
4. During
construction,
if needed.
5. During
construction,
if needed.
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resource, all preservation options shall be
considered as required by CEQA (see Pub. Res.
Code Section 21084.3), including avoidance of
the resource, possible capping, data recovery,
and/or mapping. Treatment that preserves or
restores the cultural character and integrity of a
tribal cultural resource may include tribal
monitoring, culturally appropriate recovery of
cultural objects, and reburial of cultural objects
or soil.
If artifacts are recovered from significant
prehistoric archaeological resources or tribal
cultural resources, the first option shall be to
transfer the artifacts to an appropriate tribal
representative. If possible, accommodations
shall be made to re-inter the artifacts near the
site. If no other options are available, recovered
prehistoric archeological material will be housed
at a qualified curation facility.
The results of the identification, evaluation,
and/or data recovery program for any
unanticipated discoveries shall be presented in a
professional-quality report that details all
methods and findings, evaluates the nature and
significance of the resources, analyzes, and
interprets the results, and distributes this
information to the public.
5. Ensure
appropriate
handling and
transfer of
artifacts.
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CUL-4: Stop Work if Human Remains Are
Unearthed during Project Activities
1. Halt work within
50 feet if any
evidence of
human remains is
found and
contact County
Coroner.
2. N/A
1. Ensure work is
halted within 50
feet if any
evidence of human
remains is found
and County
Coroner is
contacted.
2. If remains are
found to be of
Native American
descent, City will
work with MLD
and County
Coroner to
determine proper
treatment of the
remains and take
appropriate steps
to ensure that
additional human
interments, if
present, are not
disturbed
1. During
construction,
if needed
2. During
construction,
if needed.
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California law protects Native American human
burials, skeletal remains, cremated remains, and
items associated with Native American burials
from vandalism and inadvertent destruction.
Consistent with the California Health and Safety
Code Sections 7050.5 and 7052 and the
California Native American Historical, Cultural,
and Sacred Sites Act, if suspected human
remains are found during treatment activities,
potentially damaging ground-disturbing
activities within 50 feet of the remains will be
halted immediately, and the Alameda County
Coroner shall be notified immediately to
determine the nature of the remains. The
Coroner shall examine all discoveries of
suspected human remains within 48 hours of
receiving notice of a discovery (Health and
Safety Code Section 7050.5[b]). If the remains
are determined to be those of a Native
American, the Coroner shall contact the NAHC
by phone within 24 hours of making that
determination (Health and Safety Code Section
7050.5[c]). The NAHC shall then assign a most
likely descendant (MLD) to serve as the main
point of Native American contact and
consultation. Following the coroner’s findings,
the MLD, in consultation with the City, shall
determine the ultimate treatment and
disposition of the remains and take appropriate
steps to ensure that additional human
interments, if present, are not disturbed. The
responsibilities for acting upon notification of a
discovery of Native American human remains
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are identified in the California Native American
Historical, Cultural, and Sacred Sites Act.
Geology, Soils, and Seismicity
Mitigation Measures
Contractor
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Schedule
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GEO-1: Minimize Soil Disturbance (Revised from
VMP BMP GEN-2)
To reduce the potential for erosion and loss of
topsoil, the City and its contractors shall
implement the following measures during ground-
disturbing activities:
To minimize impacts to natural resources,
the City and its contractors shall limit the
area of ground disturbance to the
minimum footprint necessary to meet
the goals and objectives of the vegetation
management activity.
This will be accomplished by determining
a perimeter of work activity around the
vegetation treatment site that will not
exceed 25 feet from the treated
vegetation. Entry and exit points to the
treatment will be clearly defined.
1. Determine a
perimeter of
work activity
that will not
exceed 25 feet
from the
treated
vegetation
and define all
entry and exit
points.
1. Ensure the
determination
and
implementation of
an appropriate
perimeter of work
activity that will
not exceed 25 feet
from the treated
vegetation and
define all entry
and exit points.
2. Ensure that
disturbing
activities are
halted when soils
are saturated, or,
within one week
following one or
more inches of
rain if needed, as
determined by
field inspection.
1. During
construction
2. During
construction, if
needed.
3. During
construction.
4. During
construction.
5. During
construction.
6. During
construction.
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Ground-disturbing activities will not occur
when soils are saturated, or within one
week following an inch or more of rain,
unless the ground is consistently firm and
can support the weight of machinery or
livestock (during grazing) without
creating ruts, as determined by soil field
inspection.
The City and its contractors shall leave
stumps from removed trees and shrubs
intact, with stump heights not exceeding
6 inches, as measured from the uphill
side.
When heavy equipment is used, the City
and its contractors shall utilize low
ground pressure equipment, to the
extent feasible.
The City and its contractors shall not use
heavy equipment on unstable slope
areas, slopes with gradients exceeding
65%, slopes with gradients between 50%
and 65% where the erosion hazard rating
is high or extreme, or slopes with
gradients over 50% that lead without
flattening to sufficiently dissipate water
flow and trap sediment before reaching a
stream or other water resource.
2. Halt ground-
disturbing
activities
when soils are
saturated, or,
within one
week
following one
or more
inches of rain
if needed, as
determined
by field
inspection.
3. Leave stumps
from removed
trees and
shrubs intact,
per measure
specifications.
4. Utilize low
ground
pressure
equipment, as
feasible.
3. Ensure that
stumps or shrubs
are left intact, per
measure
specifications.
4. Ensure the use of
low ground
pressure
equipment, as
feasible.
5. Ensure that the
listed
requirements are
followed for
heavy equipment
on slopes.
6. Ensure that the
contractor
regrades of
recontours areas
subject to soil
disturbance from
heavy equipment,
as needed.
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The City and its contractors shall regrade
or recontour any areas subject to soil
disturbance from heavy equipment,
including dragging or skidding of trees or
other material.
5. Follow listed
requirements
for the use of
heavy
equipment on
slopes.
6. Regrade or
recontour
areas subject
to soil
disturbance
from heavy
equipment, as
needed.
GEO-2: Erosion and Sediment Control Measures
(VMP BMP GEN-3)
The City and its contractors shall implement the
following measures:
Upland soils exposed by maintenance
activities shall be seeded and stabilized using
erosion control fabric or hydroseeding.
1. Comply with all
listed measures.
1. Ensure contractor
compliance with listed
measures.
1. During
construction.
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Erosion control fabrics shall consist of natural
fibers that biodegrade over time. No plastic or
other non-porous material shall be used as
part of a permanent erosion control approach.
Plastic sheeting may be used to protect a
slope from runoff temporarily, but only if
there are no indications that special-status
species would be affected by the application,
as determined by a qualified biologist.
Erosion control materials shall be absent of
monofilament material or netting that can
entrap wildlife.
Erosion control measures shall be installed
according to manufacturer’s specifications.
Appropriate measures include, but are not
limited to, the following:
o silt fences
o straw bale barriers
o brush or rock filters
o storm drain inlet protection
o sediment traps
o sediment basins
o erosion control blankets and mats
o soil stabilization (e.g., tackified straw with
seed, jute, or geotextile blankets,
broadcast and hydroseeding)
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All temporary construction-related erosion
control methods (e.g., silt fences) shall be
removed at the completion of the project.
The City and its contractors shall comply with
California Stormwater Quality Association
(CASQA) Construction BMPs guidance and
specifications on implementation of the
erosion control measures listed above (see
also www.casqa.org/resources/bmp-
handbooks/construction):
o SC-3. Sediment Basins
o SC-4. Straw or Sand Bag Barriers
o SC-5. Sediment Traps
o SC-6. Silt Fences
o SS-1. Erosion Control Blankets, Mats, and
Geotextiles
o VR-1. Brush or Rock Filters
o VR-4a. Temporary Outlet Protection
o VR-4b. Storm Drain Inlet Protection
o WD-1. Earth Dike
o WD-1. Slope Drain
o WD-3. Temporary Drains and Swales
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GEO-3: Geotechnical Evaluation
City staff shall determine on a case-by-case basis
whether to retain a qualified professional (e.g.,
engineering geologist or geotechnical engineer) to
conduct a geotechnical reconnaissance to
evaluate the potential impacts of Revised Draft
VMP treatment activities on future landslide
potential if:
Habitable structures are located within 100
feet of the toe of the slope downhill of the
treatment area and
The prescribed treatment would include the
use of heavy equipment or machinery and
substantial ground-disturbing activities (i.e.,
this measure would not apply to methods
such as hand treatment, weed eating, or
herbicide treatment), and one or more of the
following conditions is identified:
o The treatment area is listed as “unstable,”
“many landslides” on applicable slope
stability mapping; or
o The average slope steepness of the
treatment area is greater than 10 degrees
(about 18 percent); or
1. N/A 1. Retain a qualified
engineering
geologist or
geotechnical
engineer to
conduct a
geotechnical
reconnaissance if
the following
situations apply.
1. Prior to the
start of
construction
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o There is visible evidence of landslide
activity (e.g., scarps, crooked trees,
landslide-generated debris piles) within
the treatment area, as documented by a
field reconnaissance visit.
GEO-4: Stop Work if Paleontological Resources
Are Unearthed during VMP Treatment Activities
If evidence of any paleontological resources (e.g.,
fossilized remains of plants and animals) is
discovered during Revised Draft VMP treatment
activities, the City and its contractors shall halt all ground-disturbing activity within 20 feet of the
find until a qualified professional paleontologist
can assess the significance of the find and make
recommendations. If the site can be protected in
place and avoided, no further action is necessary.
Further evaluation and treatment shall be
required if the resource cannot be protected and
avoided. Such evaluations shall be conducted by a
qualified paleontologist. Treatment may include
preparation and recovery of fossil materials for an
appropriate museum or university collection and
may include preparation of a report describing the
finds. The City shall be responsible for ensuring
that the consulting paleontologist’s
recommendations for treatment are
implemented.
1. Halt ground-
disturbing
activities
within 20 feet
of all
paleontological
findings, if
needed.
2. Comply with
City and
qualified
paleontologist.
1. Ensure that
ground-disturbing
activities within 20
feet of all
paleontological
findings is halted,
if needed.
2. Provide a qualified
paleontologist to
evaluate any
findings, if needed
and comply with
all paleontologist
recommendations.
1. During
construction,
if needed.
2. During
construction,
if needed.
BIO-5: Grazing (revised from VMP BMP BIO-6)
(See Biological Resources)
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AES-2: Staging (VMP BMP GEN-4)
(See Aesthetics)
HYD/WQ-1: Work Windows (VMP BMP GEN-1)
(See Hydrology and Water Quality)
Greenhouse Gas Emissions
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
AQ-1: Fugitive Dust BMPs
(See Air Quality)
Hazards and Hazardous Materials
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date
and Initials
HAZ-1. Vehicle and Equipment Maintenance
(VMP BMP GEN-8)
The City and its contractors shall implement the
following measures:
All vehicles and equipment shall be kept
clean. Excessive buildup of oil and grease
shall be prevented.
1. Comply with all
listed measures.
1. Ensure contractor
compliance with all
listed measures.
1. During
construction.
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Incoming vehicles and equipment (including
delivery trucks and employee and
subcontractor vehicles) shall be checked for
leaking oil and fluids. Leaking vehicles or
equipment shall not be allowed on-site.
No heavy equipment shall operate in a
running stream.
No equipment shall be serviced in the creek
channel or immediate floodplain.
If necessary, servicing of equipment at the
job site shall be conducted in a designated,
protected area to reduce threats to water
quality from vehicle fluid spills. Designated
service areas shall not connect directly to
the ground, surface water, or storm drain
system. The service area shall be clearly
designated with berms, sandbags, or other
barriers. Secondary containment, such as a
drain pan, shall be used to catch spills or
leaks when removing or changing fluids.
Fluids shall be stored in appropriate
containers with covers and recycled or
disposed of properly off-site.
If emergency repairs are required in the
field, only those repairs necessary to move
equipment to a more secure location shall
be conducted in the channel or floodplain.
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Equipment shall be cleaned of any sediment
or vegetation before being transferred and
used in a different watershed, to avoid
spreading sediment, pathogens, or
exotic/invasive species.
Vehicle and equipment washing can take
place on-site only as needed to prevent the
spread of sediment, pathogens, or
exotic/invasive species. No runoff from
vehicle or equipment washing shall be
allowed to enter water bodies, including
creek channels and storm drains, without
being subjected to adequate filtration (e.g.,
vegetated buffers, hay wattles or bales, and
silt screens). The discharge of decant water
from any on-site wash area to water bodies
or areas outside of the active project site is
prohibited.
HAZ-2. Vehicle and Equipment Fueling (VMP
BMP GEN-9)
The City and its contractors shall implement the
following measures:
No fueling shall be done in stream channels
(top-of-bank to top-of-bank) or immediate
floodplain.
1. Comply with all
listed measures.
1. Ensure contractor
compliance with
all listed measures.
1. During
construction.
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All off-site fueling sites (i.e., on access roads
above the top-of-bank) shall be equipped
with secondary containment and avoid a
direct connection to soil, surface water, or
the storm drainage system.
For stationary equipment that must be
fueled on-site, secondary containment, such
as a drain pan or drop cloth, shall be used to
prevent accidental spills of fuels from
reaching soil, surface water, or the storm
drain system.
HAZ-3: On-Site Hazardous Materials
Management (VMP BMP GEN-5)
The City and its contractors shall implement the
following measures:
An inventory of all hazardous materials used
(and/or expected to be used) at the work
site and the end products that are produced
(and/or expected to be produced) after
their use shall be maintained by the
worksite manager.
As appropriate, containers shall be properly
labeled with a “Hazardous Waste “label and
hazardous waste shall be recycled or
disposed of properly off-site at an
appropriate hazardous waste facility.
1. Comply with all
listed measures.
1. Ensure contractor
compliance with
all listed measures.
1. During
construction.
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Contact of chemicals with precipitation shall
be minimized by storing chemicals in
watertight containers or in a storage shed
(completely enclosed), with appropriate
secondary containment to prevent any
spillage or leakage.
Petroleum products, chemicals, cement,
fuels, lubricants, non-storm-drainage water,
and water contaminated with the
aforementioned materials shall not contact
soil and shall not be allowed to enter
surface waters or the storm drainage
system.
All toxic materials, including waste disposal
containers, shall be covered when not in use
and located as far as possible from any
direct connection to the storm drainage
system or surface water.
All trash that is brought to a project site
during maintenance activities (e.g., plastic
water bottles, lunch bags or other trash)
shall be removed from the site daily.
HAZ-4: Measures to Avoid or Minimize Adverse
Effects on People, Pets, or Other Non-Target
Organisms from Use of Herbicides
1. Post signs for
herbicides with no
intervals listed, if
needed.
1. Ensure signs are
posted for
herbicides with
no listed
intervals, if
needed.
1. During
construction,
if needed.
2. During
construction.
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The City of Oakland or its contractors shall
implement the following measures to avoid or
minimize effects on non-target entities from
application of herbicides for the VMP:
Reentry intervals included on the product
label shall be followed and enforced for
workers and the public. In instances where a
reentry interval is not provided on the
herbicide product label, a reentry interval of
at least 48 hours shall be implemented.
Signs shall be installed on all sides of the
treatment area clearly stating the date of
treatment and reentry interval and
describing potential hazards to people and
pets from entering the area prior to the
close of the reentry interval.
Where herbicides are applied in public parks
or publicly accessible areas or in open space
areas within 30 feet of public-use trails, or
in any other situations where it is
reasonably possible that people or pets
could enter treated areas, fencing or other
material preventing entry shall be
temporarily installed around the treated
area for the duration of the reentry interval
to prevent access.
Spray application methods shall not be used
when wind velocities are greater than 7
miles per hour. Spray application methods
2. Implement barrier
fencing to protect
from public
herbicide use, where
needed.
3. Halt the spray of
herbicides when
winds reach seven
miles per hour and
avoid spraying
within 100 feet of
residences and
public areas.
2. Ensure contractor
implements
herbicide barrier
fencing, where
needed.
3. Ensure herbicide
spray is halted
when winds are
seven miles per
hour or greater
and that no
herbicide is
sprayed within
100 feet of
residences or
public areas.
3. During
construction,
if needed.
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shall not be used within 100feet of any
residences or public use areas.
HAZ-5: Standard Herbicide Use Requirements
(VMP BMP VEG-2)
The City and its contractors shall implement the
following measures:
Herbicides shall not be used in areas within
0.25 mile of schools. Only hand or
mechanical vegetation removal shall be
used within 0.25 mile of schools.
Herbicides (if selected as a vegetation
management technique) shall be applied
only if hand or mechanical vegetation
removal is not feasible, and at no times
within 0.25 mile of schools as described
above.
Only herbicides and surfactants that have
been approved for use by the U.S.
Environmental Protection Agency (USEPA)
and are registered for use by the California
Department of Pesticide Regulation (CDPR)
shall be used for vegetation control
activities.
1. Only use approved
herbicides and do
not spray within
0.25 miles of a
school.
2. Halt the spray of
herbicide within 48
hours of predicted
rain.
3. Use the lowest rate
of herbicides
possible to
complete project
objectives.
1. Ensure contractor
complies with
herbicide
application
requirements.
2. Ensure the spray
of herbicide is
halted within 48
hours of predicted
rain.
3. Ensure the lowest
rate of herbicide is
used to complete
project objectives.
1. During
construction.
2. During
construction,
as needed.
3. During
construction.
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Herbicide application shall be consistent
with Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) label instructions
and use conditions issued by USEPA, CDPR,
and the Alameda County Agricultural
Commissioner.
Herbicides shall not be applied within 48
hours of predicted rainfall.
The lowest recommended rates of
herbicides and surfactants that achieve
project objectives shall be utilized to
achieve desired control. Cut-and-daub
application of herbicides shall be used
where feasible to reduce the amount of
herbicide used. This is anticipated to be on
the stumps of removed eucalyptus and
acacia trees.
An indicator dye may be added to the tank
mix to help the applicator identify areas that
have been treated and to better monitor
the overall application.
Herbicides shall not be applied in open
water or within 60 feet of streams.
HAZ-6: Spill Prevention and Response (VMP
BMP GEN-7)
1. N/A
2. N/A
3. N/A
4. N/A
1. Provide adequate
training for new
city field
personnel.
1. Prior to the
start of
construction.
2. Prior to the
start of
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City personnel shall prevent the accidental
release of chemicals, fuels, lubricants, and non-
storm-drainage water into channels by
following these measures:
1. New City field personnel shall be trained
appropriately in spill prevention, hazardous
material control, and cleanup of accidental
spills.
2. Equipment and materials for cleanup of
spills shall be available on site at all times,
and spills and leaks shall be cleaned up
immediately and disposed of at a hazardous
waste facility.
3. City field personnel shall ensure that
hazardous materials are handled properly,
and natural resources are protected by all
reasonable means.
4. Spill prevention kits shall always be in close
proximity when City personnel are using
hazardous materials (e.g., at crew trucks
and other reasonable locations). All City
field personnel shall be advised of these
locations.
5. N/A 2. Ensure the
availability of spill
kits and other
materials for spills
on site.
3. Ensure hazardous
materials are
handled properly
throughout the
duration of
project activities.
4. Provide routine
inspections of all
work sites,
vehicles, and
equipment for
proper hazardous
material handling.
5. Report significant
spills, if needed.
construction
and during
construction.
3. During
construction.
4. During
construction.
5. During
construction,
if needed.
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5. City personnel shall routinely inspect the
work site, vehicles, and equipment to verify
that spill prevention and response measures
are implemented and maintained properly.
All leaks shall be repaired promptly. Drip
pans shall be used to catch leaks until
repairs are made.
For small spills on impervious surfaces,
absorbent materials shall be used to
remove the spill, rather than hosing it
down with water. For small spills on
pervious surfaces such as soil, the spill
area shall be excavated and properly
disposed of rather than being buried.
Absorbent materials shall be collected
and disposed of properly and promptly.
All significant spills of hazardous
materials, including oil, shall be
reported immediately. To report a spill:
(1) Dial 911 or your local emergency
response number; and (2) Call the
Governor’s Office of Emergency Services
Warning Center, (800) 852-7550 (24
hours).
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HAZ-7: Review Proximity of Proposed
Treatment Sites to Known Hazardous Materials
Clean-up Sites and Implement Safety Measures
The City of Oakland and/or its contractors shall
evaluate the proximity of proposed treatment
sites to known hazardous material cleanup
sites. This review shall include examination of
the planned treatment activity footprint in
relation to records of hazardous materials sites
in the State Water Resources Control Board's
GeoTracker database and the Department of
Toxic Substances Control’s EnviroStor database.
If the proposed treatment activity is located on
or within 100 feet of a documented hazardous
material contamination site, for which cleanup
activities have not been completed or
successful, the City of Oakland and/or its
contractors shall commission a Phase I
Environmental Site Assessment to more full
characterize the past land uses and potential for
soil and/or groundwater contamination to occur
at or in close proximity to the site.
If the Phase I Environmental Site Assessment
demonstrates a reasonable likelihood that
contamination remains within the proposed
treatment activity’s area of disturbance, the
City of Oakland and/or its contractors shall
commission a Phase II Environmental Site
Assessment, including soils testing, to
characterize the extent of the contamination
1. With the City,
evaluate the
proximity of
proposed
hazardous
material cleanup
sites to treatment
areas.
2. Commission a
Phase 1
Environmental
Site Assessment, if
needed.
3. Commission a
Phase II
Environmental
Site Assessment
and follow all
relevant
recommendations,
if needed.
1. With the
Contractor,
evaluate the
proximity of
proposed
hazardous
material cleanup
sites to treatment
areas.
2. Commission a
Phase 1
Environmental
Site Assessment, if
needed.
3. Commission a
Phase II
Environmental
Site Assessment
and follow all
relevant
recommendations,
if needed.
1. Prior to the
start of
construction.
2. Prior to the
start of
construction.
3. Prior to the
start of
construction
and during
construction,
if needed.
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and develop ways to avoid the contaminated
areas during treatment activities. Alternatively,
if the Phase I Environmental Site Assessment
demonstrates no potential for soil vapor off-
gassing of hazardous gases, then non-ground-
disturbing treatment methods may be used on
the site. The City of Oakland shall follow all
recommendations of the Phase II Environmental
Site Assessment and conduct the proposed
treatment to avoid areas of contamination, to
the extent feasible. In the event that it is not
feasible to avoid all areas of contamination, the
City of Oakland and/or its contractors shall
follow all applicable laws regarding
management of hazardous materials and
wastes. This includes proper disposal of any
contaminated soil in a hazardous waste landfill
and ensuring that workers are provided with
adequate personal protective equipment to
prevent unsafe exposure.
HAZ-8: Existing Hazardous Materials (VMP
BMP GEN-6)
The City and its contractors shall implement the
following measures:
1. Dispose of
previously
unknown
hazardous
contaminants at an
appropriate facility.
1. Ensure proper
disposal of
hazardous
contaminants.
2. Contact the
Alameda County
Public Health
Department, if
needed.
1. During
construction,
if needed.
2. During
construction,
if needed.
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If previously unknown hazardous
contaminants, including oil, batteries, or
paint cans, are encountered during
vegetation management work, City
personnel will carefully remove and dispose
of hazardous materials at an appropriate
hazardous waste disposal facility. In the
event that hazardous contaminates are
discovered that are beyond the means of
the City’s disposal capabilities, then the City
will contact Alameda County Public Health
Department to determine what measures
need to be implemented to address the
hazardous materials and ensure that the
work site is safe for people and the
environment.
City personnel will wear proper protective
gear when handling hazardous materials. All
contaminated materials will be stored in
appropriate hazardous waste containers for
transport and disposal at a permitted
hazardous waste facility.
2. Coordinate with the
City if hazardous
contaminates are
found that are
beyond the City’s
means of disposal.
3. Wear proper
protective apparel
when handling
hazardous
materials.
3. Wear proper
protective apparel
when handling
hazardous
materials.
3. During
construction,
as needed.
HAZ-9: Proper Handling and Disposal of
Contaminated Soil and Groundwater
Prior to initiating ground-disturbing activities
(e.g., disking, grading, etc.), the City of Oakland
or its contractors will inspect the soil or
groundwater (if readily observable) for the
presence of possible contamination. If
indicators of contamination (e.g., foul odor,
1. With the City,
inspect the soil or
groundwater for
the presence of
possible
contamination.
1. With the
contractor, inspect
the soil or
groundwater for
the presence of
possible
contamination.
1. Prior to the
start of
construction
2. Prior to the
start of
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staining or sheen, etc.) are found, the City of
Oakland or its contractors will then test the soil
or groundwater. If the lab results confirm
contamination is present, the soil or
groundwater will be treated as hazardous, and
any contaminated materials will be disposed of
at an approved hazardous waste disposal
facility. In removing potentially contaminated
soil or groundwater, workers will wear
protective clothing and equipment to limit their
exposure.
2. If found, coordinate
with the City so
proper testing can
occur.
3. If testing confirms
contamination,
materials should be
treated and
disposed of as
hazardous and
proper protection
should be worn.
2. If found,
coordinate with
the contractor so
proper testing can
occur.
3. If testing confirms
contamination,
materials should
be treated and
disposed of as
hazardous and
proper protection
should be worn.
construction,
if needed.
3. Prior to the
start of
construction,
if needed.
TRA-1: Maintain Traffic Flow
(See Transportation)
TRA-2: Traffic Control and Public Safety
(See Transportation)
Hydrology and Water Quality
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
HYD/WQ-1: Work Windows (VMP BMP GEN-1)
The City and its contractors shall implement the
following measures:
Hand pruning and hand removal of vegetation
may occur year-round, except when wheeled
or tracked equipment needs to access a site by
1. Comply with
listed
measures.
1. Ensure contractor
compliance with
listed measures.
1. During
construction, as
needed.
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crossing a creek, ponded area, or secondary
channel.
When wheeled or tracked equipment needs to
access the site by crossing a creek, ponded
area, or secondary channel, this shall occur
only when the appropriate permits have been
obtained from the City, CDFW, and the RWQCB
and only when there is no flow in the creek, or
when the width of the wet creek is less than 3
feet (typically June 1 – October 15).
Vegetation treatment shall not occur within 48
hours of significant rainfall (0.25-inch of rain
within a 12-hour period or greater).
Herbicide applications (if selected as a
vegetation management technique) shall only
occur between June 15 and November 15, with
an extension through December 31 or until the
first occurrence of local rainfall greater than 0.5
inch is forecasted within a 24-hour period
following planned application events.
Work shall occur during daylight hours, except
in the case of emergency.
GEO-1: Minimize Soil Disturbance (Revised from
VMP BMP GEN-2)
(See Geology, Soils, and Seismicity)
GEO-2: Erosion and Sediment Control Measures
(VMP BMP GEN-3)
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(See Geology, Soils, and Seismicity)
HAZ-1: Vehicle and Equipment Maintenance (VMP
BMP GEN-8)
(See Hazards and Hazardous Materials
HAZ-2: Vehicle and Equipment Fueling (VMP BMP
GEN-9)
(See Hazards and Hazardous Materials)
HAZ-3: On-Site Hazardous Materials Management
(VMP BMP GEN-5)
(See Hazards and Hazardous Materials)
HAZ-5: Standard Herbicide Use Requirements
(VMP BMP VEG-2)
(See Hazards and Hazardous Materials)
HAZ-6: Spill Prevention and Response (VMP BMP
GEN-7)
(See Hazards and Hazardous Materials)
HAZ-8: Existing Hazardous Materials (VMP BMP
GEN-6)
(See Hazards and Hazardous Materials)
BIO-5: Grazing (revised from VMP BMP BIO-6)
(See Biological Resources)
City of Oakland Mitigation Monitoring and Reporting Plan
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Minerals
Mitigation Measures
Contractor
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Monitoring
Schedule
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Initials
None required
Noise
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
NOI-1: Limit Work Near Sensitive Receptors
To reduce noise levels below the City’s 80 dBA
weekday daytime threshold, in areas within 90
feet of sensitive receptors, minimize the frequency
and duration of chainsaw use during hand labor
treatment activities. In areas within 130 feet of
sensitive receptors, minimize the use of
mechanical treatments (excavator, chipper).
1. Minimize the
use of
chainsaws
during hand
labor
treatments
within 90 feet
of sensitive
receptors,
and of
excavators
and chippers
within 130
feet of
sensitive
receptors.
1. Ensure that
contractor
complies with
minimizing the
use of stated
equipment
within sensitive
receptor
thresholds.
1. During
construction.
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NOI-2: Notify Sensitive Receptors Near Treatment
Areas
Notify sensitive receptors located within 150 feet
of treatment areas at least one week prior to
commencement of treatment work.
1. N/A 1. Ensure sensitive
receptors within
150 feet of
treatments are
notified one
week prior to
start of work.
1. Prior to the
start of
construction.
Recreation
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
REC-1: Provide Notification of Temporary Trail
Closures
If a treatment project requires temporary trail
closures, the City and its contractors will
implement the following measures:
Provide signage at trailheads at least one week
prior to temporary trail closure indicating the
location and period of closure as well as any
trail detours. Notification of treatment activity
and trail closure will also be posted on the
City’s website. All signage will be removed once
work is complete.
Provide road guards to usher recreationalists
around hazardous areas where activities
impede on a road or trail.
1. Comply with
listed
measures, as
needed.
1. Comply with
listed measures,
as needed.
1. Prior to the start
of construction
and during
construction, as
needed.
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Provide fencing around the active work area to
protect recreationalists, as necessary.
HAZ-4: Measures to Avoid or Minimize Adverse
Effects on People, Pets, or Other Non-Target
Organisms from Use of Herbicides
(See Hazards and Hazardous Materials)
Transportation
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
TRA-1: Maintain Traffic Flow
The City and its contractors will implement the
following measures:
To the extent feasible, work will be staged and
conducted in a manner that maintains two-way
traffic flow on roadways in the vicinity of the
work site.
Heavy equipment and haul traffic will be
avoided in residential areas to the greatest
extent feasible. When no other route to and
from the site is available, heavy equipment and
haul traffic through residential areas shall be
restricted to the hours of 8 a.m. to 5:30 p.m.,
Monday through Friday.
If heavy equipment or hauling is required
beyond the hours above, the City or its
contractor will provide notice to adjacent
1. Comply with
listed staging
requirements
to maintain
traffic flow.
2. Restrict the
use of heavy
equipment
and haul
traffic to
stated hours.
3. Work with
City to notify
property
owners if
heavy
equipment
or hauling is
1. Ensure
contractor
compliance with
staging
requirements
for traffic flow.
2. Ensure
contractor
compliance with
stated hours for
heavy
equipment and
haul traffic.
3. Work with
contractor to
notify property
owners if heavy
equipment or
1. Prior to the start
of construction
and during
construction.
2. During
construction.
3. During
construction, if
needed.
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property owners 48 hours in advance of such
activities.
needed
beyond
stated hours.
hauling is
needed beyond
stated hours.
TRA-2: Traffic Control and Public Safety
The City and its contractors will implement the
following measures:
In the event that work activities require the
temporary closure of any traffic lanes, the City
will implement measures to guide traffic (such
as signage and flaggers), safeguard
construction workers, provide safe passage of
vehicles, and minimize traffic impacts through
the duration of work activities. The City also
will notify local emergency service providers
regarding any planned lane closures.
For any other work within or near the roadway
that could pose a hazard to the public, the City
will install/implement appropriate measures,
such as fences, barriers, flagging, guards,
and/or signs, to give adequate warning and
provide protection from the potentially
dangerous condition.
For work activities along or near roadways with
sidewalks and bike routes/lanes, the City will
implement measures to ensure the safe
passage of pedestrians and bicyclists around
the work site.
Public transit access and routes will be
maintained in the vicinity of the work site. If
public transit will be affected by temporary
1. N/A
2. N/A
3. N/A
1. Guide traffic,
protect crews,
minimize impacts,
and notify local
emergency service
providers if traffic
lanes must be
closed.
2. Install and
implement
appropriate road,
sidewalk, and bike
lane measures if
needed.
3. Consult transit
authorities if
public transit will
be impacted by
project activities.
1. During
construction, if
needed.
2. During
construction, if
needed.
3. During
construction, if
needed.
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Tribal Cultural Resources
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
CUL-1: Provide Sensitivity Training, Assess
Archaeological Sensitivity, and Survey Areas of
High or Highest Sensitivity
(See Cultural Resources)
CUL-2: Avoid Use of Techniques that Cause
Ground Disturbance within Known Archaeological
Historical Resources
(See Cultural Resources)
CUL-3: Response Measures for Potential Unknown
Archaeological Resources and Tribal Cultural
Resources
(See Cultural Resources)
CUL-4: Stop Work if Human Remains Are
Unearthed during Project Activities
(See Cultural Resources)
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
road closures and require detours, the City will
consult affected transit authorities and keep
them informed of project activities.
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Utilities
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
None required
Wildfire
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
WLD-1: Fire Prevention
The City and its contractors shall implement the
following measures:
All vegetation management and portable
equipment with internal combustion engines
shall be equipped with spark arrestors.
Work crews shall not conduct vegetation
treatment activities during Red Flag Day and
Fire Weather Watch warnings, except in the
case of emergency.
During the high fire danger period (April 1–
December 1), work crews shall:
o Have appropriate fire suppression
equipment available at the work site.
o Keep flammable materials, including
flammable vegetation slash, at least 10 feet
away from any equipment that could
produce a spark, fire, or flame.
1. Use spark
arrestors for
all
equipment
with internal
combustion
engines.
2. Stop work
during Red
Flag and Fire
Watch
warnings,
unless an
applicable
emergency
occurs.
1. Ensure the use of
spark arrestors.
2. Ensure no work
occurs during Red
Flag and Fire
Watch warning
days. In case of
emergency,
communicate
with contractor
and allow work to
continue.
3. Ensure contractor
compliance with
listed measures
during high fire
danger period.
1. During
construction
2. During
construction, if
necessary.
3. During
construction.
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o Not use portable tools powered by
gasoline-fueled internal combustion
engines within 25 feet of any flammable
materials unless a round-point shovel or
fire extinguisher is within immediate reach
of the work crew (no more 25 feet away
from the work area).
3. Comply with
applicable
measures
during the
high fire
danger
period.
HAZ-1: Vehicle and Equipment Maintenance (VMP
BMP GEN-8)
(See Hazards and Hazardous Materials)
GEO-1: Minimize Soil Disturbance (Revised from
VMP BMP GEN-2)
(See Geology, Soils, and Seismicity)
GEO-2: Erosion and Sediment Control Measures
(VMP BMP GEN-3)
(See Geology, Soils, and Seismicity)
GEO-3: Geotechnical Evaluation
(See Geology, Soils, and Seismicity)
Cumulative Impacts
Mitigation Measures
Contractor
Responsibility City Responsibility
Monitoring
Schedule
Completion Date and
Initials
BIO-1 through BIO-16
(See Biological Resources)
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NOI-1 and NOI-2
(See Noise)