CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, April 4, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.
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Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 3:00 p.m. on Monday, April 4, 2022. All comments submitted later than 3:00 p.m. will be sent to the City Council for their review and may not be read during the meeting.
Listening to a Zoom Meeting by Zoom Video Conference
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Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 4, 2022
Listening to a Zoom Meeting by Phone Only
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AGENDA
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.
3. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.
4. INVOCATION
Jennifer Laret with The Church of Jesus Christ of Latter-day Saints will give the invocation.
5. PRESENTATIONS
5.1. Presentation of Proclamation in Recognition of Fair Housing Month.
5.2. Presentation by the California Capital Airshow.
5.3. New Employee Introductions: Rob Nunley, Information Technology Manager by Kim JuranKarageorgiou and Farzana Kausar, Administrative Assistant I by Stacy Leitner, City Clerk.
5.4. Vice Mayor LInda Budge's Birthday on April 10, 2022.
6. PUBLIC COMMENT
Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference or by completing and submitting a Speaker Card to the City Clerk.
If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.
For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 4, 2022
less and to state name and community of residence.
Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda
7. COUNCIL REPORTS
8. CITY MANAGER'S REPORT
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of March 21, 2022 and the Special City Council Meeting of March 29, 2022.
Recommendation: Adopt the minutes.
9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 53- 2019-1 for General Services with MCE Corporation to Extend the Contract Term to June 30, 2024, which will Result in an Increase to the Contract Amount from $2,750,000 to an Amount not to Exceed $4,475,000 for Citywide Operations and Maintenance Support Services.
Recommendation: Adopt the Resolution.
9.3. Subject: A Resolution Approving the Interim Management Plan for White Rock/Rio Del Oro, CA Mine ID No. 91-34-0048, Operated by Granite Construction Company.
Recommendation: Adopt the Resolution approving the Interim Management Plan for White Rock / Rio Del Oro, CA Mine ID No. 91-34-0048.
9.4. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Re-authorizing Remote Teleconference Meetings of the City for the Period from April 7, 2022 to May 7, 2022.
Recommendation: Adopt the Resolution.
9.5. Subject: Planning Commission Nomination and Selection.
Recommendation: Continue the Planning Commission Member nomination and selection to the April 18, 2022 Regular City Council meeting.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
10.1. Subject: A Resolution Creating Special Tax Area Zone 33 and Introducing and Waiving the First Reading of an Ordinance Establishing a Special Tax for Transit-Related Services for the Grantline 220 Project.
Recommendation: Adopt the Resolution creating special transit tax area Zone 33; and to introduce and waive the first reading of the Ordinance, establishing a special tax for transitrelated services for the Grantline 220 project.
10.2. Subject: A Resolution Declaring a Protest Hearing and Authorizing the Mailing of Property Owner Ballot Relating to the Imposition of the Annual Stormwater Utility Fee for the Grantline 220 Project.
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 4, 2022
Recommendation: Adopt the Resolution.
11. PUBLIC HEARING ITEMS
11.1. Subject: General Plan Amendments to the Safety Element for the Multi-Jurisdictional Local Hazard Mitigation Plan and the Land Use and Circulation Element for The Preserve Project; Certification of an Environmental Impact Report, a Rezone, Development Agreement, and Tentative Subdivision Map for The Preserve Project DD9835.
Recommendation: 1. Adopt a Resolution Certifying The Preserve Environmental Impact Report and adopt the Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Report Program; 2. Adopt a Resolution approving a General Plan Amendment with associated exhibits, subject to the findings contained in the Resolution; and
3. Introduce and waive first reading of an Ordinance adopting the Rezone with associated exhibit, subject to the findings contained in the Ordinance; and 4. Adopt a Resolution approving a Tentative Subdivision Map with associated exhibits, subject to the findings contained in the Resolution; and 5. Introduce and waive first reading of an Ordinance adopting the Development Agreement for The Preserve Project, subject to the findings contained in the Ordinance.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Update on Fiscal Year 2022/23 Community Enhancement & Investment Fund Applications Received for Council Consideration.
Recommendation: Staff to introduce and provide an update on the Fiscal Year 2022/23 Community Enhancement & Investment Fund grant applications received for Council consideration.
12.2. Subject: Arts Strategic Plan Update and Discussion on the Upcoming Call for Public Art Proposals.
Recommendation: Staff to provide an update on the first two years of accomplishments (near-term actions) related to the Arts Strategic Plan, review the objectives for years three to five (mid-term actions), and receive feedback and discuss the focus of the current fiscal year's funding allocation for public art.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
14. ADJOURNMENT
ADDITIONAL INFORMATION
SPECIAL MEETINGS LISTED BELOW ARE SUBJECT TO CHANGE/CANCELLATION WITHOUT FURTHER NOTICE.
UNLESS THE COUNCIL ADOPTS A MOTION TO EXTEND THE MEETING, ANY ITEM THAT IS NOT INITIATED BEFORE 11:00 PM WILL BE CONTINUED TO THE NEXT DAY AT 5:30 PM OR SCHEDULED ON THE NEXT REGULAR MEETING AGENDA OF THE COUNCIL.
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, April 4, 2022
The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.
UPCOMING MEETINGS
April 18, 2022 5:30 PM Regular Meeting
April 26, 2022 5:30 PM Special Meeting/Work Session
May 2, 2022 4;00 PM Special Meeting/Regular Meeting
May 16, 2022 5:30 PM Regular Meeting
May 24, 2022 5:30 PM Special Meeting/Work Session
June 6, 2022 4:00 PM Special Meeting/Regular Meeting
June 20, 2022 5:30 PM Regular Meeting
June 28, 2022 5:30 PM Special Meeting/Work Session
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.
The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the April 4, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on April 1, 2022 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.
Signed April 1, 2022 at Rancho Cordova, California.
Stacy Leitner, CMC
City Clerk
ITEM 9.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, March 21, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.
DRAFT MINUTES
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:33 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.
3. PLEDGE OF ALLEGIANCE
Sheryl Longsworth led the pledge.
4. INVOCATION
Council Member Garrett Gatewood gave the invocation.
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 21, 2022
5. PRESENTATIONS
5.1. Proclamation Presentation in Recognition of Women's History Month.
6. PUBLIC COMMENT
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Rakesh Sehgal
2. Harry Khara
3. Joey Pennaman
4. Mandeep Singh
5. Fayzah Mughal
6. Helen Whelan-Bashaw
7. Anil Reddy
Mayor Terry closed the public comment period.
7. COUNCIL REPORTS
Council reported on events since the last meeting.
8. CITY MANAGER'S REPORT
City Manager Cyrus Abhar gave his report.
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Mayor Terry stated that Item 9.2 and Item 9.14 would be pulled for separate discussion.
ACTION: Motion to approve item 9.1 and item 9.3 through 9.13 by Budge second by Pulipati;
Motion passed with a 5:0 vote.
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of March 7, 2022.
Recommendation: Adopt the Minutes.
9.2. Subject: A Resolution of the City Council of the City of Rancho Cordova, State of California, Expressing Support and Solidarity with the People of Ukraine.
Recommendation: Adopt the Resolution.
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
ACTION: Motion to approve item 9.2 by Gatewood second by Sander; Motion passed with a 5:0 vote.
9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 56-2017-1 with Allied Waste Services of North America (DBA Republic Services) for the Implementation of the Residential Food Waste Collection Program.
Recommendation: Adopt the Resolution.
9.4. Subject: Approval of a Grant Application and Local Match Requirement for the Potential Health and Wellness Center at the Mills Crossing Civic Center.
Recommendation: Provide direction and approve the Resolution authorizing an application for, local match commitment to, and receipt of, Behavior Health Continuum
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 21, 2022
Infrastructure Program (BHCIP) grant funds.
9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 174-2019-1 with R.E.Y. Engineers, Inc. Extending the Term to December 31, 2023, Increasing the Contract Amount from $739,649 to an Amount not to Exceed $764,649 and Adding Services for the Cordova Vineyards/Lane Neighborhood Street Rehabilitation Project.
Recommendation: Adopt the Resolution.
9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2020-183-1 with Mark Thomas & Company, Inc. to Increase the Contract Amount from $206,800.00 to an Amount not to Exceed $319,235 and Extend the Contract Term to June 30, 2023 for the Soil Born Farms Parking Lot and Driveway Improvements Project at the American River Ranch to Increase Safety and Promote Livability.
Recommendation: Adopt the Resolution.
9.7. Subject: 2021 General Plan Annual Report to include the Housing Element and MultiJurisdictional Hazard Mitigation Plan Annual Report.
Recommendation: Receive the 2021 General Plan and Housing Element Annual Report to include the Multi-Jurisdictional Hazard Mitigation Plan as required by State law.
9.8. Subject: A Resolution Increasing the Annual Stormwater Utility Fee for Fiscal Year 2022-2023.
Recommendation: Adopt the Resolution.
9.9. Subject: A Resolution Approving the Final Map of the Ranch Village 8 Subdivision No.
FM-2021-002-05 and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Contract No. 2022-21 with K. Hovnanian at Jaeger Ranch LLC.
Recommendation: Adopt the Resolution.
9.10. Subject: A Resolution Declaring the City's intention to Impose an Annual Stormwater Utility Fee For the Maintenance of Storm Drainage and Flood Protection Systems for the Grantline 220 Project.
Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Grantline 220 project.
9.11. Subject: A Resolution Approving the Annexation of the Grantline 220 project to the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting and Landscape Maintenance).
Recommendation: Adopt the Resolution.
9.12. Subject: A Resolution Approving the Annexation of the Grantline 220 project into the City of Rancho Cordova Community Facilities District No. 2013-2 (Police Services).
Recommendation: Adopt the Resolution.
9.13. Subject: A Resolution Approving the Annexation of the Grantline 220 Project to the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens.
Recommendation: Adoption of the Resolution would approve Annexation Boundary
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 21, 2022
Map No. 4 for the Grantline 220 project to Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens) and approves the recording of the Annexation Boundary Map and the Notice of Special Tax Lien.
9.14. Subject: Planning Commission Member Nomination and Selection.
Recommendation: Continue the Planning Commission Member nomination and selection to the April 4, 2022 Regular City Council meeting.
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Brenda K. Gustin
2. Ken Green
3. Anil Reddy
Mayor Terry closed the public comment period.
ACTION: Motion to approve item 9.14 by Gatewood second by Pulipati; Motion passed with a 5:0 vote.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
Mayor Terry stated that item 10.1, 10.3, and 10.6 would be pulled for separate discussion.
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
ACTION: Motion to approve item 10.2, 10.4, and 10.5 by Budge second by Pulipati; Motion passed with a 5:0 vote.
10.1. Subject: A Resolution Approving the 2021 Community Development Block Grant (CDBG) Consolidated Annual Performance Evaluation Report for Submittal to the US Department of Housing and Urban Development.
Recommendation: Adopt the Resolution of the City Council of the City of Rancho Cordova submitting the 2021 CDBG Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (HUD).
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Fayzah Mughal
2. Fayzah Mughal
3. Conrad Mayer
Mayor Terry closed the public comment period.
ACTION: Motion to approve item 10.1. by Gatewood second by Pulipati; Motion passed with a 5:0 vote.
10.2. Subject: A Resolution Approving the Rio Del Oro Specific Plan, Implementation Plan for Elliott Homes, Inc. which Ensures that Elliott Homes, Inc. will Construct and Pay the Full Cost of Infrastructure Needed to Serve their Portion of the Plan Area.
Recommendation: Adopt the Resolution.
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 21, 2022
10.3. Subject: Goddard School - Tentative Parcel Map & Major Design Review - Project No.
PLND-0921-0008 & PLND-1121-0018 – Located at 3370 Zinfandel Drive; APN: 072- 2360-041-0000.
Recommendation: Determine the project exempt per Section 15315 (Minor Land Divisions) and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines; and Adopt the Resolution for a Tentative Parcel Map and Major Design Review.
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
ACTION: Motion to approve item 10.3 by None second by None; Motion passed with a 5:0 vote.
10.4. Subject: A Resolution Approving the City of Rancho Cordova's Adjusted Storm Drainage Impact Fee Schedule for 2022.
Recommendation: Adopt the Resolution approving the attached Storm Drainage Impact Fee Schedule.
10.5. Subject: Resolutions and an Ordinance Related to the Formation of the City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1.
Recommendation: Continue the public hearing to the May 16, 2022 City Council Meeting.
10.6. Subject: Dutch Bros. Coffee - Conditional Use Permit and Minor Design Review - Project No. PLND-1021-0013 - Located at the Southeast Corner of Sunrise Boulevard and Douglas Road in Anatolia Marketplace.
Recommendation: Adopt the Resolution.
Council Member Gatewood and Mayor Terry recused themselves due to a conflict of interest related to the proximity of their residences to the project location.
Vice Mayor Budge opened the public comment period. Seeing no speakers. Vice Mayor Budge closed the public comment period.
ACTION: Motion to approve item 10.6. by Sander second by Pulipati; Motion passed with a 3:0 vote.
AYES: Pulipati, Sander, and Budge
NOES: None
ABSENT: None
RECUSED: Gatewood and Terry
11. PUBLIC HEARING ITEMS
11.1. Subject: Project Sunrise Major Design Review and Rio Del Oro Phase 5 Final Map - Project No. PLND-0821-0001: Located within Rio Del Oro Specific Plan Parcel 71.
Recommendation: Adopt the Resolution for the Rio Del Ordo Phase 5 Final Map, Determine the Project Sunrise project Exempt from CEQA per Section 15183, consistent with the Community Plan, General Plan or Zoning for which an EIR was certified; and Adopt the Resolution for Project Sunrise Major Design Review.
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 21, 2022
Mayor Terry opened the public comment period. Seeing no speakers, Mayor Terry closed the public comment period.
ACTION: Motion to approve item 11.1. by Sander second by Gatewood; Motion passed with a 5:0 vote.
12. REGULAR CALENDAR ITEMS
12.1. Subject: A Resolution Adopting the Urban Forest Master Plan.
Recommendation: Adopt the Resolution.
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Fayzah Mughal
2. Fayzah Mughal
3. Angel Ball
Mayor Terry closed the public comment period.
ACTION: Motion to approve item 12.1. by Budge second by Pulipati; Motion passed with a 5:0 vote.
12.2. Subject: Discussion Regarding Mobile Home Park Subcommittee Members.
Recommendation: Reappoint subcommittee members.
Mayor Terry opened the public comment period. Seeing no speakers, Mayor Terry Closed the public comment period.
ACTION: Motion to appoint Council Member Gatewood and Mayor Terry to the Mobile Home Park Subcommittee Gatewood second by Pulipati;
Motion passed with a 3:2 vote.
AYES: Gatewood, Pulipati, and Terry
NOES: Sander
ABSENT: None
ABSTAIN: Budge
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.
14. ADJOURN TO CLOSED SESSION
Mayor Terry adjourned the meeting to closed session at 8:41 p.m.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Terry called the closed session to order at 8:41 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 21, 2022
Riley
16. CLOSED SESSION
Council will meet in closed session to discuss the following items:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (One Case).
Council Member Gatewood recused himself from Item 2 due to a conflict of interest related to a business interest.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1) Cordova Recreation and Park District v. City of Rancho Cordova, Sacramento Superior Court Case No. 34-2021- 80003705.
17. OPEN SESSION - REPORT OUT FROM CLOSED SESSION
City Attorney reported that staff was given direction and no reportable action was taken in closed session.
18. ADJOURNMENT
Mayor Terry adjourned the meeting in memory of Gene Humphrey at 9:09 p.m. ____________________________
Stacy Leitner, CMC
City Clerk
ITEM 9.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Tuesday, March 29, 2022
5:30 PM Special Meeting/Work Session
City Hall
2729 Prospect Park Drive, Rancho Cordova
DRAFT MINUTES
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:35 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley
2. PUBLIC COMMENT
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
3. SPECIAL MEETING ITEMS
3.1. Subject: Discussion of Proposed Projects/Programs for American Rescue Plan Act (ARPA) and Fiscal Year 2022/23 Measure R Funds.
Recommendation: Receive presentation and provide direction.
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Kayla Lopez
2. Brenda Gustin
3. Mark Berry
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, March 29, 2022
4. Sergio Diaz
5. Helen Whelan-Bashaw
6. Cathy Birch
7. Fayzah Mughal
8. Angel Ball
Mayor Terry closed the public comment period.
ACTION: Input was received regarding the Discussion of Proposed Project/Programs for American Rescue Act (ARPA) and Fiscal Year 2022/23 Measure R Funds.
3.2. Subject: Rancho Cordova Youth Center Branding Discussion.
Recommendation: Council discussion and direction to staff.
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
ACTION: Council requested that this item be brought back at the April 18, 2022 City Council Meeting for further discussion.
4. ADJOURNMENT
Mayor Terry adjourned the meeting at 7:50 p.m.
______________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.2.
DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Steve Harriman, Public Works Division Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 53-2019-1 FOR GENERAL SERVICES
WITH MCE CORPORATION TO EXTEND THE CONTRACT TERM TO
JUNE 30, 2024, WHICH WILL RESULT IN AN INCREASE TO THE
CONTRACT AMOUNT FROM $2,750,000 TO AN AMOUNT NOT TO
EXCEED $4,475,000 FOR CITYWIDE OPERATIONS AND
MAINTENANCE SUPPORT SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 53-2019-1 with MCE Corporation for citywide operations and maintenance services. The amendment would extend the contract term from June 30, 2022 to June 30, 2024, resulting in an increase to the contract amount from $2,750,000 to an amount not to exceed $4,475,000 for continued maintenance services.
BACKGROUND
The city currently contracts with MCE Corporation to provide a variety of Public Works operations and maintenance support services, including litter abatement and graffiti removal, pothole and sidewalk repair, weed abatement, storm response, street sign maintenance and replacement, homeless camp cleanup with the City’s Homeless Outreach Team, shopping cart retrieval, weed abatement, and after-hours emergency response for various issues. The work scope also includes daily maintenance and cleaning of the four light-rail stations in Rancho Cordova, which is provided by the City under an agreement with the Sacramento Regional Transit District. The proposed contract amendment is necessary to continue providing ongoing operations and maintenance support services.
FISCAL IMPACT AND FUNDING SOURCE
The Contract Amendment would be funded through a combination of special districts, Measure A, Gas Tax, Stormwater funds, Community Enhancement funds, operating budget, and the Sacramento Regional Transit District.
City Council Staff Report - Page 2 of 2
ATTACHMENT(S)
1. Resolution
2. Contract Amendment No. 53-2019-1
ITEM 9.2. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT 53-2019-1 WITH MCE CORPORATION TO EXTEND THE CONTRACT TERM TO JUNE 30, 2024, THAT RESULTS IN INCREASING THE CONTRACT AMOUNT FROM $2,750,000 TO AN AMOUNT NOT TO EXCEED $4,475,000 FOR CITYWIDE OPERATIONS
AND MAINTENANCE SUPPORT SERVICES
WHEREAS, the parties entered into a General Services Agreement (Contract No. 53- 2019) dated July 1, 2019, in the amount of $2,750,000 for citywide operations and maintenance support services; and
WHEREAS, adoption of this Resolution will authorize the City Manager to execute contract amendment no. 53-2019-1 with MCE to extend the contract term to June 30, 2024, resulting in an increase to the contract amount from $2,750,000 to an amount not to exceed $4,475,000; and
WHEREAS, these services will exceed the maximum amount the City Manager is authorized to approve; and
WHEREAS, funding for the contract amendment will be from a combination of special district funds, Measure A, Gas Tax, stormwater funds, Community Enhancement, operating funds, and the Sacramento Regional Transit District.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 53-2019-1 with MCE to extend the contract term to June 30, 2024, and increase the contract amount from $2,750,000 to an amount not to exceed $4,475,000 for citywide operations and maintenance services in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 4th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 53-2019-01
First Amendment to General Services Agreement between July 1, 2022 City of Rancho Cordova and MCE Corporation Page 1 of 2
FIRST AMENDMENT TO THE GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND MCE CORPORATION FOR CITYWIDE
OPERATIONS AND MAINTENANCE SUPPORT SERVICES
This First Amendment to the General Services Agreement ("Amendment") is made by and between the City of Rancho Cordova ("City") and MCE Corporation ("Contractor") as of July 1, 2022.
City and Contractor are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, the Parties entered into a General Services Agreement ("GSA") dated July 1, 2019 for the purpose of citywide operations and maintenance services; and WHEREAS, this Amendment will extend the term of the agreement from June 30, 2022 to June 30, 2024 and increase the contract amount from $2,750,000 to $4,475,000; and WHEREAS, the Parties agree that changes to the term provided for in the GSA are necessary in order for the City to continue receiving services by Contractor.
NOW, THEREFORE, the Parties hereto agree as follows:
AGREEMENT
1. The Parties agree to modify the end date of the GSA from June 30, 2022, to June 30, 2024. The first sentence of Section 2 of the GSA, "Term," is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2024, unless the term of the Agreement is otherwise terminated as provided for in Section 10."
2. Section 4 of the GSA, "Compensation of Contractor," provides for the City to pay Contractor $2,750,000. The Parties agree to amend Section 2 of the GSA in order to increase the compensation amount to pay Contractor for additional services. The first sentence of Section 4 of the GSA is amended to read as follows:
"The Contractor shall be paid $4,475,000 for the performance of the Services pursuant to this Agreement."
3. The document entitled "Rate Schedule," attached hereto as Exhibit A, shall replace and supersede the GSA's Exhibit A – Rate Schedule.
4. All other terms and conditions in the GSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
ITEM 9.2. ATTACHMENT 2
CONTRACT NO. 53-2019-01
First Amendment to General Services Agreement between July 1, 2022 City of Rancho Cordova and MCE Corporation Page 2 of 2
5. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA CONTRACTOR
____________________________ ______________________________ Cyrus Abhar, City Manager Steve Loweree, Sr. Vice-President Maintenance Division
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
Updated August 9, 2012
1948568.1
ITEM 9.2. ATTACHMENT 2
Labor Classification REGULAR TIME OVERTIME SUNDAY & HOLIDAY Superintendent $68.29 $99.02 $130.71
Foreman $49.75 $72.14 $95.22
Laborer 1 $40.38 $58.55 $77.29
Laborer 2 $37.16 $53.88 $71.12
Laborer 3 $30.13 $43.69 $57.67
Prevailing Wage
Construction Laborer $67.91 $87.60 $108.63
Sign Work $64.19 $82.81 $102.68
Paint/Stripe $69.76 $89.99 $111.59
Carpentry $84.19 $108.61 $134.67
Equipment
1 Ton Truck $10.72
Utility 3/4 Ton Truck $9.74
Standard 1/2 Ton Truck $7.14
Trailer $1.63
High Weed Mower $3.25
Chainsaw $2.16
Weed eater $2.16
Blower $2.16
Materials - Markup 15%
Sub-contractor - Markup 10%
City of Rancho Cordova
Streets Maintenance
Labor and Equipment Rates
July 1, 2022 to June 30, 2023
EXHIBIT A
RATE SCHEDULE
CONTRACT NO. 53-2019-01
ITEM 9.2. ATTACHMENT 2
City Council Staff Report – Page 1 of 3
MEMORANDUM
ITEM 9.3.
DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: June Cowles, Senior Planner
SUBJECT: A RESOLUTION APPROVING THE INTERIM MANAGEMENT PLAN FOR WHITE ROCK / RIO DEL ORO, CA MINE ID NO. 91-34-0048, OPERATED BY
GRANITE CONSTRUCTION COMPANY
PROPERTY OWNER:
Aerojet General Corp.
620 Coolidge Drive, Suite 100
Folsom, CA 95630
APPLICANT/DEVELOPER:
Granite Construction Company
P.O. Box 15287
Sacramento, CA 95851
PROJECT: Interim Management Plan for White Rock / Rio Del Oro, CA Mine ID No. 91-34- 0048, operated by Granite Construction Company
FILE: RC 06-224
LOCATION: North and South of White Rock Road, east of Sunrise Blvd.
APN: 072-0370-105, 072-0370-104, and 072-0370-103
PLANNER: June Cowles, Senior Planner
RECOMMENDATION:
Adopt the Resolution approving the Interim Management Plan for White Rock / Rio Del Oro, CA Mine ID No. 91-34-0048.
RESULT OF RECOMMENDED ACTION:
Adoption of the Resolution would authorize staff to notify the State Department of Conservation of the approval of the Interim Management Plan.
BACKGROUND:
The status of the White Rock / Rio Del Oro mine operated by Granite Construction Company officially became “idle,” as defined by California’s Surface Mining and Reclamation Act (“SMARA”) (Public Resources Code section 2721.1) and Rancho Cordova Municipal Code (“City Code”) section 20.04.110. On February 2, 2022, the City received an Interim Management Plan (IMP) for the White Rock/Rio Del Oro site CA Mine ID #91-34-0048 (Attachment 2). The applicant stated that the Interim Management Plan is due to a decrease in market demand for the materials produced at the site.
City Council Staff Report – Page 2 of 3
The City Code definition of “idle” parallels the definition in SMARA, and provides as follows:
“‘Idle’ means surface mining operations curtailed for a period of one year or more by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.” Granite intends to resume active operations at the site as soon as market conditions will allow it.
As such, Granite filed an Interim Management Plan with the City of Rancho Cordova on February 2, 2022, as required by SMARA and City Code.
ANALYSIS:
RCMC Section 20.04.020: Interim Management Plan Administrative Procedure Administrative procedures for the processing of an interim management plan (“IMP”) are outlined in the SMARA statutes at Public Resources Code section 2770(h) and in City Code
20.04.110 as follows:
The operator is required to submit an IMP to the City for approval within 90 days of its surface mining operation becoming idle.
By statute, review and approval of an IMP is considered an amendment to an approved reclamation plan, but not a project for purposes of environmental review or CEQA. The key purpose for an IMP is to provide measures that the operator will implement to maintain the site in a safe and stable condition pursuant to SMARA and its permit conditions.
Another important tenant of an IMP is that the operator’s financial assurances (i.e., mechanism posted to ensure implementation of reclamation in accordance with the approved plan) is maintained as though the operation were still active.
The City is required to submit the IMP to the State Department of Conservation for review at least 30 days prior to approval by the City, RCMC Section 20.04.110(C). City staff complied with this requirement on February 21, 2022, see Attachment 3. The Division of Mine Reclamation reviewed the submitted IMP and had no comments, see Attachment 4. In addition, the City is required to approve or deny approval of an IMP within 60 days of receipt, unless a longer period is mutually agreed by the lead agency and operator, RCMC Title 23.Cordova Municipal Code section 20.04.110(D). If, prior to taking action on the IMP, the City feels the plan does not meet the requirements of SMARA, then the City shall notify the operator in writing of any deficiencies in the plan and the operator shall generally have 30 days to submit a revised plan for review and approval. Once a plan is approved, there is no formal process necessary to return from idle to active status. The operator would simply notify the City and report the site as active in its subsequent mine operator annual report (filed with the State and City).
The City has reviewed the IMP submitted by Granite and has determined that it meets requirements of SMARA and City Code and recommends approval by the City Council.
RECOMMENDED MOTION:
Staff recommends that the City Council adopt the Resolution to approve the Interim Management Plan for White Rock / Rio Del Oro, CA Mine ID No. 91-34-0048, operated by Granite Construction Company.
City Council Staff Report – Page 3 of 3
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution - Interim Management Plan
3. City Staff letter to Division of Mine Reclamation February 21, 2022
4. Office of Mine Reclamation Letter March 18, 2022
ITEM 9.3. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA
APPROVING AN INTERIM MANAGEMENT PLAN FOR WHITE ROCK/RIO DEL ORO, CA MINE ID NO. 91-34-0048, OPERATED BY GRANITE CONSTRUCTION COMPANY WHEREAS, Granite Construction (hereinafter referred to as Applicant) filed an Interim Management Plan (IMP) for review by the City of Rancho Cordova (hereinafter referred to as City) to approve, according to the attached Exhibit A, and WHEREAS, as stated in Rancho Cordova Municipal Code (RCMC) Section 20.04.110 by statute, the review and approval of an IMP is considered an amendment to an approved reclamation plan, but not a project for purposes of environmental review or California Environmental Quality Act (CEQA); and
WHEREAS, the submitted IMP meets the Surface Mining and Reclamation Act (SMARA) requirements; and
WHEREAS, the City Council is the appropriate authority to take action on the Interim Management Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Interim Management Plan accompanying diagrams (Exhibit A) as attached, and based on the following finding:
A. SMARA requirements
Finding: The IMP must meet the SMARA requirements;
Evidence: The IMP meets the SMARA requirements in that the project includes an approved Reclamation Plan and is annually inspected by the City and will continue to be inspected on an annual basis throughout the “idle” period. In addition, the operator’s financial assurances will be maintained throughout the “idle” period.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 4th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ITEM 9.3. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
ATTEST:
Stacy Leitner, CMC
City Clerk
White Rock/ Rio Del Oro
Interim Management Plan
The Surface Mining and Reclamation Act of 1975, Public Resources Code Section 2710 et seq. (SMARA) requires mining operations to submit an Interim Management Plan when an operation becomes idle. The following Interim Management Plan is prepared in accordance with Section 2770 (h) of the Public Resources Code. The mining status of the White Rock/Rio Del Oro site became “idle” on January 1, 2022, as defined in PRC Section 2721.1. Granite Construction Company (“Granite”) is requesting “idle” status because there was no production in 2021 and there is no anticipated production in 2022. However, surface mining activities are anticipated to occur at the site in the future. Granite is pursuing a 5‐year extension of CUP RC‐06‐224A which expires in 2022. Upon an increase in demand for aggregates in the area and subsequent increase in production/sales at the White Rock site, Granite will notify the City of Ranch Cordova of the change in mine status from idle to active.
The surface mining activities at the site that will continue while the mine site is “idle” include the mining of sand and gravel, production and sale of aggregate and construction materials, and stockpile management (See attached Mining and Reclamation Map).
Site Information
Site Name: White Rock/Rio Del Oro
CA Mine ID Number: 91‐34‐0048
Lead Agency: City of Rancho Cordova
Site Location/Description: The White Rock site is located North and South of White Rock Road, east of Sunrise Blvd. Operations at White Rock include sand and gravel mining, stockpile management and reclamation on approximately 1,300 acres of land (see attached map).
Mining and Reclamation Plan: #RC‐06‐224A, Approved on December 5, 2016 Previous Maximum Annual Production: 27,746 tons (2020 Reporting Year) Production While Idle: None currently anticipated.
Financial Assurance: $1,066,032.00 approved by the Lead Agency on 3/30/2021 Owner/Operator Information
Operator Name: Granite Construction Company
Mailing Address: P.O. Box 15287, Sacramento, CA 95851
Operator Telephone Number: (916) 855‐4400
Contact Person: Courtney DePorto
ITEM 9.3. ATTACHMENT 2 Exhibit A to the Resolution
Interim Management Plan
1. Financial Assurances will remain in effect for the duration of the IMP and will be increased or decreased as required based on the annual update to the Financial Assurance Cost Estimate (FACE).
2. Reclamation activities, including grading and revegetation will occur per the approved Reclamation Plan once mining at the site have ceased indefinitely. Revegetation via natural recruitment will be ongoing.
3. The following equipment and facilities will remain on‐site while the site is in “idle” status: scales, scale house building, portable crushing and screening equipment, and off‐ road equipment.
4. Stormwater drains internally and does not run off‐site. Protective BMP’s and the general site area are inspected quarterly as required by the CUP (See attached Quarterly Routine BMP Inspection Form). Maintenance and repairs will be conducted on an as needed basis. Erosion and sediment control issues are not anticipated to occur while the site is idle.
5. Noxious weed management within the mine site will be addressed concurrent with final site revegetation, where necessary.
6. All perimeter fences, gates, and landscaping will be maintained and inspected regularly.
All gates will remain locked when the site is unoccupied, and a “No Trespassing” sign will be maintained at the entrance.
7. This IMP will be reviewed and updated annually and will remain in effect for as long as the mining status of the site is “idle”.
Attachments:
A. Mining and Reclamation Map
B. Approved Financial Assurance Mechanism
C. Approved Financial Assurance Cost Estimate
D. Approved Mining and Reclamation Plan Permit
E. Quarterly Routine BMP Inspection Form
ITEM 9.3. ATTACHMENT 2 Exhibit A to the Resolution
Attachment A
Mining and Reclamation Map
ITEM 9.3. ATTACHMENT 2 Exhibit A to the Resolution
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community A
A
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0 1,000 2,000
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Ê
Rio Del Oro
Mining &
Reclamation
Brett Wong - Market Research Analyst
D:\. . .Environmental\NorCal_Enviro_Mining_Rec11x17.mxd Disturbed Area
Property Boundary
Proposed Mine Area in
2022
8/26/2021
Total Area Disturbed: 134 ac
Total Area Reclaimed: 0 ac
Total Area Subject to RP: 1,300 ac
42.7ac
ITEM 9.3. ATTACHMENT 2 Exhibit A to the Resolution
Attachment B
Approved Financial Assurance Mechanism
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Attachment C
Approved Financial Assurance Cost Estimate
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Attachment D
Approved Mining and Reclamation Permit
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Attachment E
Quarterly Routine BMP Inspection Form
ITEM 9.3. ATTACHMENT 2 Exhibit A to the Resolution
Quarterly Routine BMP Inspection Form
Areas Inspected Applicable (Yes/No) Notes
Aggregate Stockpiles
Aggregate processing
Returned Rubble
Aggregate Mining
Truck & Equip Wash
Equipment Painting
Areas
Sand Blasting
Vehicle/Equipment
Maintenance Shop
Air Compressors
Battery Storage
Used Brake Pads
Lubricant Storage
AST fuel and fueling
Haz Material Storage
Haz Waste Storage
Garbage Dumpsters
Paved Parking &
Outside Storage
Unpaved parking &
outside storage
Boneyard/surplus
equipment storage
Storm water Collection
Offsite trackout
Offsite cleanout of
trucks
Have identified corrective actions been implemented to correct deficiencies noted during inspection? Yes No
Date corrective Action completed: ______________
Signature:_____________________________________ Date:_________ ITEM 9.3. ATTACHMENT 2 Exhibit A to the Resolution
1 PLANNING DEPARTMENT
2729 Prospect Park Drive | Rancho Cordova, CA 95670
Phone: (916) 851-8750 | Fax: (916) 851-8762
February 21, 2022
Anji Amachree
Division of Mine Reclamation
715 P Street, MS 1905
Sacramento, CA95814
Subject: Granite Construction Company White Rock/Rio Del Oro Site, CA Mine ID# 91-34-0048, • INTERIM MANAGEMENT PLAN REVIEW
Dear Anji Amachree:
On February 2, 2022, the City of Rancho Cordova Planning Department received an Interim Management Plan (IMP) for the White Rock/Rio Del Oro site (CA Mine ID #91-34-0048) Attachment A. In accordance with Public Resources Code (PRC) 2770(h)(4)(B), the City of Rancho Cordova has reviewed the attached IMP and does not have any further comments. Therefore, the IMP satisfies the requirements of the PRC Section 2774. The City of Rancho Cordova is forwarding the Granite Construction Company Interim Management Plan to the Division of Mine Reclamation for comment.
If you have any questions, I can be contacted at [email protected] or at my direct phone line 916-851-8756.
Sincerely,
June Cowles, Senior Planner
City of Rancho Cordova
Attachment A: Granite Construction Company White Rock/Rio Del Oro Site, CA Mine ID# 91-34-0048 Interim Management Plan
ITEM 9.3. ATTACHMENT 3
Valley Region Office
P.O. Box 15287
Sacramento, CA 95851
Phone: 916-855-4400
www.graniteconstruction.com
February 2, 2022
City of Rancho Cordova
Planning Department
2729 Prospect Park Drive,
Rancho Cordova, CA 95670
Attention: June Cowles
RE: White Rock/Rio Del Oro Interim Management Plan
Dear Mrs. Cowles,
Construction Company (“Granite”) has enclosed the Interim Management Plan (IMP) for the White Rock/Rio Del Oro site (CA Mine ID #91‐34‐0048) operated by Granite.
Please feel free to contact me with any questions or concerns.
Sincerely,
Granite Construction Company
Courtney DePorto
Environmental Coordinator II
Valley Region
C: 916‐825‐5708
O: 916‐855‐4514
[email protected]
ITEM 9.3. ATTACHMENT 3
White Rock/ Rio Del Oro
Interim Management Plan
The Surface Mining and Reclamation Act of 1975, Public Resources Code Section 2710 et seq. (SMARA) requires mining operations to submit an Interim Management Plan when an operation becomes idle. The following Interim Management Plan is prepared in accordance with Section 2770 (h) of the Public Resources Code. The mining status of the White Rock/Rio Del Oro site became “idle” on January 1, 2022, as defined in PRC Section 2721.1. Granite Construction Company (“Granite”) is requesting “idle” status because there was no production in 2021 and there is no anticipated production in 2022. However, surface mining activities are anticipated to occur at the site in the future. Granite is pursuing a 5‐year extension of CUP RC‐06‐224A which expires in 2022. Upon an increase in demand for aggregates in the area and subsequent increase in production/sales at the White Rock site, Granite will notify the City of Ranch Cordova of the change in mine status from idle to active.
The surface mining activities at the site that will continue while the mine site is “idle” include the mining of sand and gravel, production and sale of aggregate and construction materials, and stockpile management (See attached Mining and Reclamation Map).
Site Information
Site Name: White Rock/Rio Del Oro
CA Mine ID Number: 91‐34‐0048
Lead Agency: City of Rancho Cordova
Site Location/Description: The White Rock site is located North and South of White Rock Road, east of Sunrise Blvd. Operations at White Rock include sand and gravel mining, stockpile management and reclamation on approximately 1,300 acres of land (see attached map).
Mining and Reclamation Plan: #RC‐06‐224A, Approved on December 5, 2016 Previous Maximum Annual Production: 27,746 tons (2020 Reporting Year) Production While Idle: None currently anticipated.
Financial Assurance: $1,066,032.00 approved by the Lead Agency on 3/30/2021 Owner/Operator Information
Operator Name: Granite Construction Company
Mailing Address: P.O. Box 15287, Sacramento, CA 95851
Operator Telephone Number: (916) 855‐4400
Contact Person: Courtney DePorto
ITEM 9.3. ATTACHMENT 3
Interim Management Plan
1. Financial Assurances will remain in effect for the duration of the IMP and will be increased or decreased as required based on the annual update to the Financial Assurance Cost Estimate (FACE).
2. Reclamation activities, including grading and revegetation will occur per the approved Reclamation Plan once mining at the site have ceased indefinitely. Revegetation via natural recruitment will be ongoing.
3. The following equipment and facilities will remain on‐site while the site is in “idle” status: scales, scale house building, portable crushing and screening equipment, and off‐ road equipment.
4. Stormwater drains internally and does not run off‐site. Protective BMP’s and the general site area are inspected quarterly as required by the CUP (See attached Quarterly Routine BMP Inspection Form). Maintenance and repairs will be conducted on an as needed basis. Erosion and sediment control issues are not anticipated to occur while the site is idle.
5. Noxious weed management within the mine site will be addressed concurrent with final site revegetation, where necessary.
6. All perimeter fences, gates, and landscaping will be maintained and inspected regularly.
All gates will remain locked when the site is unoccupied, and a “No Trespassing” sign will be maintained at the entrance.
7. This IMP will be reviewed and updated annually and will remain in effect for as long as the mining status of the site is “idle”.
Attachments:
A. Mining and Reclamation Map
B. Approved Financial Assurance Mechanism
C. Approved Financial Assurance Cost Estimate
D. Approved Mining and Reclamation Plan Permit
E. Quarterly Routine BMP Inspection Form
ITEM 9.3. ATTACHMENT 3
Attachment A
Mining and Reclamation Map
ITEM 9.3. ATTACHMENT 3
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community A
A
B
B
C
C
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1 1
0 1,000 2,000
Feet
Ê
Rio Del Oro
Mining &
Reclamation
Brett Wong - Market Research Analyst
D:\. . .Environmental\NorCal_Enviro_Mining_Rec11x17.mxd Disturbed Area
Property Boundary
Proposed Mine Area in
2022
8/26/2021
Total Area Disturbed: 134 ac
Total Area Reclaimed: 0 ac
Total Area Subject to RP: 1,300 ac
42.7ac
ITEM 9.3. ATTACHMENT 3
Attachment B
Approved Financial Assurance Mechanism
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Attachment C
Approved Financial Assurance Cost Estimate
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Attachment D
Approved Mining and Reclamation Permit
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Attachment E
Quarterly Routine BMP Inspection Form
ITEM 9.3. ATTACHMENT 3
Quarterly Routine BMP Inspection Form
Areas Inspected Applicable (Yes/No) Notes
Aggregate Stockpiles
Aggregate processing
Returned Rubble
Aggregate Mining
Truck & Equip Wash
Equipment Painting
Areas
Sand Blasting
Vehicle/Equipment
Maintenance Shop
Air Compressors
Battery Storage
Used Brake Pads
Lubricant Storage
AST fuel and fueling
Haz Material Storage
Haz Waste Storage
Garbage Dumpsters
Paved Parking &
Outside Storage
Unpaved parking &
outside storage
Boneyard/surplus
equipment storage
Storm water Collection
Offsite trackout
Offsite cleanout of
trucks
Have identified corrective actions been implemented to correct deficiencies noted during inspection? Yes No
Date corrective Action completed: ______________
Signature:_____________________________________ Date:_________ ITEM 9.3. ATTACHMENT 3
DocuSign Envelope ID: 748B0465-0BF5-4DCE-9650-5369EDD13C63 March 18, 2022
June Cowles
City of Rancho Cordova
Planning Department
2729 Prospect Drive
Rancho Cordova, CA 95670
Sent electronically to: [email protected] Gavin Newsom, Governor
David Shabazian, Director
INTERIM MANAGEMENT PLAN
WHITE ROCK / RIO DEL ORO MINE (CA MINE ID #91-34-0048)
Dear June Cowles:
The Department of Conservation’s Division of Mine Reclamation (Division) received an Interim Management Plan (IMP) for the White Rock / Del Oro (Mine) on February 21, 2022. The City of Rancho Cordova (City) is the lead agency under the Surface Mining and Reclamation Act of 1975 (SMARA; Public Resources Code [PRC] Section 2710 et seq.). The City submitted the IMP pursuant to PRC Section 2770(h)(2)(A). The Mine is operated by Granite Construction (Operator) and became idle on January 1, 2022.
Division Staff have reviewed the IMP submittal and have no comments at this time.
The Division looks forward to receiving the City’s 30-days’ notice that it intends to approve the IMP pursuant to PRC Section 2770(h)(4)(F).
Questions regarding this letter can be directed to Anji Amachree at 916-764-9086.
Please note that the Division receives electronic correspondences at [email protected].
Sincerely,
Anji Amachree, GIT David Rader, PG
Geologist Manager
Engineering & Geology Unit Engineering & Geology Unit
ec: Candice Longnecker, Designated Agent; [email protected] State of California Natural Resources Agency | Department of Conservation 715 P Street, MS 1905, Sacramento, CA 95814
conservation.ca.gov
ITEM 9.3. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 9.4.
DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: Adam Lindgren, City Attorney
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CORDOVA AND ON BEHALF OF COMMISSIONS AND COMMITTEES
CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT
CODE SECTION 54952(B) CONFIRMING THE STATE OF
EMERGENCY UNDER GOVERNMENT CODE SECTION 8625,
RECOGNIZING CONTINUED MEASURES TO PROMOTE SOCIAL
DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE CITY FOR THE PERIOD FROM APRIL 7, 2022 TO MAY 7, 2022
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would allow the City Council and the City’s other legislative bodies to continue to meet via teleconference (“virtually”) in a manner substantially similar to the manner in which they have met during the COVID-19 pandemic, if a proclaimed State of Emergency remains in effect and other requirements are satisfied.
BACKGROUND
All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct virtual meetings to slow the spread of COVID19. As a result of Executive Order N-29-20, City Staff set up virtual meetings for the City Council and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which allows local legislative bodies to continue to conduct meetings via teleconferencing under
City Council Staff Report - Page 2 of 3
specified conditions. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. On September 20, 2021, the City Council held a meeting in compliance with AB 361’s requirements for remote meetings.
In order for AB 361 to remain effective for meetings of the City’s legislative bodies, the City Council is required to make specified findings every 30 days. AB 361 allows a legislative body to continue holding meetings utilizing teleconferencing without complying with the standard teleconferencing requirements if a State of Emergency is proclaimed under Government Code section 8625, the City has reconsidered the emergency conditions, and if the local Public Health Officer continues to recommend social distancing measures to protect the public’s health and safety during local government meetings. These conditions are present.
Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. The potential spread of COVID-19 continues to threaten public health and safety during indoor public gatherings, including indoor gatherings of the Rancho Cordova City Council and other Rancho Cordova legislative bodies. In addition, the Sacramento County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.
SUMMARY
The attached Resolution makes the required findings that the current conditions exist to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the legislative bodies commissions and committees created by the City Council pursuant to Government Code section 54952(b). This will allow members of the public to safely observe and participate in local government meetings during the pandemic.
If a meeting is held via teleconference under AB 361, the following requirements apply:
1.Notices and agenda requirements remain the same under the Brown Act;
2.No physical location is required for public attendance or public comment.However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;
3.Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;
4.If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;
5.Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;
6.If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and
7.When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.
City Council Staff Report - Page 3 of 3
FISCAL IMPACT AND FUNDING SOURCE
The cost of continued remote access to Council meetings and the meetings of other City committees.
ATTACHMENT(S)
1. Resolution
ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 3
CITY OF RANCHO CORDOVA
CITY COUNCIL RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AND ON
BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT CODE SECTION 54952(b) CONFIRMING THE STATE OF EMERGENCY UNDER GOVERNMENT CODE SECTION 8625, RECOGNIZING CONTINUED
MEASURES TO PROMOTE SOCIAL DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY FOR THE PERIOD FROM April 7, 2022 TO May 7, 2022
WHEREAS, the City is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.
Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 20, 2021 the City held a meeting during a state of emergency under Government Code section 8625 and during a period of recommended social distancing by state and local officials while complying with Government Code section 54953(e)(2); and WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City continues to experience emergency conditions due to COVID-19, specifically, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) continues to threaten public health and safety during indoor public gatherings; and WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and
ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 3
WHEREAS, on July 30, 2021, the Sacramento County Health Officer issued an order requiring all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six feet (6’) from others outside of the household; and WHEREAS, the Sacramento County Health Officer’s order incorporates the CDC’s guidance for vaccinated and unvaccinated people; and
WHEREAS, the State has issued an order in effect to February 15, 2022 requiring everyone in California to wear a mask in indoor public spaces and workplaces; and WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953 as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the conditions of the state of emergency pursuant to Government Code section 8625 and proclaims that a local emergency persists throughout the City, affirms the Sacramento Health Order’s required and recommended measures to promote social distancing, and finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow the Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
Section 3. Remote Teleconference Meetings. City Staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) May 7, 2022 or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2022 Page 3 of 3
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova, this 4th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.5.
DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: PLANNING COMMISSION NOMINATION AND SELECTION
RECOMMENDATION
Continue the Planning Commission Member nomination and selection to the April 18, 2022 Regular City Council meeting.
RESULT OF RECOMMENDED ACTION
The items would be continued to the April 18, 2022 Regular City Council meeting.
BACKGROUND
At the regular meeting on March 21, 2022, the City Council continued this discussion to April 4, 2022 to provide additional time to complete the conflict of interest information gathering and review. It was indicated that it would be important that all Council members be present for the final selection. Not all five Council members will be present for the April 4th meeting and therefore, staff is requesting that this discussion be continued to the April 18th City Council meeting.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact.
ATTACHMENT(S)
None
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 10.1.
DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION CREATING SPECIAL TAX AREA ZONE 33 AND
INTRODUCING AND WAIVING THE FIRST READING OF AN
ORDINANCE ESTABLISHING A SPECIAL TAX FOR TRANSITRELATED SERVICES FOR THE GRANTLINE 220 PROJECT
RECOMMENDATION
Adopt the Resolution creating special transit tax area Zone 33; and to introduce and waive the first reading of the Ordinance, establishing a special tax for transit-related services for the Grantline 220 project.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution and Ordinance would assist the City in meeting the costs of providing transit-related services by creating a special tax area Zone 33 and establishing a special tax for transit-related services for the Grantline 220 project.
BACKGROUND
The City Council adopted Resolution No. 141-2005 on November 7, 2005, providing for a special tax for transit-related services to be imposed upon new development within the City.
Pursuant to that Resolution, a property owner approves a special tax on the parcels within a subdivision or project. The City Council then adopts a resolution creating a zone that encompasses the subdivision or project and an ordinance establishing the special tax.
The City Council, on June 7, 2021, adopted a resolution approving the Grantline 220 project, a 219-acre mixed-use community south of Douglas Road and east of Grantline Road. This annexation consists of the entire project area, currently owned by Lennar Homes. The provision of funding to provide transit-related services by approving a special tax was made a condition of approval for the project.
This item will establish tax area Zone 33, the boundaries of which will be contiguous to the boundaries of the Grantline 220 project- see Attachment 2. In addition to creating the special tax, the Ordinance will also set the date for the transit-related services tax election, which will
City Council Staff Report - Page 2 of 2
be held on May 24, 2022, at which time the ballot(s) will be tabulated by the City Clerk, and the results be declared at the City Council meeting on June 20, 2022.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the General Fund. Funds collected by this tax will be used to fund transit-related services.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution
3. Ordinance
4. Exhibit A to the Ordinance
5. Exhibit B to the Ordinance- Property Land Use Catagory
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, CREATING SPECIAL TAX AREA ZONE 33 FOR THE GRANTLINE 220
PROJECT
WHEREAS, it is the intention of the City Council to create Zone 33 within the City of Rancho Cordova Transit-Related Services Special Tax Area and authorize an election; and WHEREAS, it is the intention of the City Council to adopt an ordinance establishing a special tax for transit-related services within Zone 33; and WHEREAS, the City recognizes the need for increased transit-related services in Zone 33 and the difficulty of funding the current or increased level of services with revenues now available; and
WHEREAS, it is the intention of the City Council to direct the City Clerk to conduct an election by mail ballot pursuant to Elections Code Section 4000 and to be held on the earliest date permitted by law; and
WHEREAS, the City Council, on June 7, 2021, adopted a resolution approving the Grantline 220 project, a 219-acre mixed use community south of Douglas Road and east of Grantline Road. The provision of funding to provide transit-related services by approving a special tax was made a condition of approval for the project. This will be accomplished by the property owner(s) participation in the transit-related services special tax area; and WHEREAS, the transit-related services tax as inflated to Fiscal Year 2021-2022 is $119.94 per low density residential dwelling unit or low density residential dwelling unit equivalent, $95.94 per medium density residential dwelling unit or medium density residential dwelling unit equivalent, $71.96 per high density residential dwelling unit or high density residential dwelling unit equivalent, $3,075.01 per retail and service commercial acre, $2,643.26 per commercial mixed use or office acre, and $710.15 per light industrial acre, subject to an annual inflator formula based on the Consumer Price Index for the San FranciscoOakland-San Jose Area, or six percent, whichever is less. Multi-family residential units on a single parcel shall be assessed on a proportionately equivalent basis (e.g., a two-unit attached housing structure, such as a duplex, would be deemed to consist of two residential parcels for purposes of the transportation tax); and
WHEREAS, for the purposes of this Resolution, a “voter” entitled to vote on the creation of Zone 33 is a person who owns real property within Zone 33, as shown on the last equalized assessment role prepared by the Sacramento County Assessor’s Office, at the time that the City Council submits an ordinance authorizing the imposition of a transit-related services tax to the voters of Zone 33. At the time that the Council adopted this Resolution, there were zero (0) registered voters residing within Zone 33 and one property owner. Because the Transit-Related Services Special Tax will be imposed on property in Zone 33 and paid by the owner of the property, the Council finds that restricting the vote on the Transit-Related Services Special Tax to the property owner in Zone 33 is appropriate and consistent with the principles and requirements of California Constitution article XIIIC (Proposition 218).
ITEM 10.1. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows:
1. That portion of the City of Rancho Cordova shown on the Map, Exhibit A hereto is established as Zone 33 of the Rancho Cordova Transit-Related Services Special Tax Area.
2. That Ordinance, reviewed and approved by the City Council on the same date as the resolution, is to be presented for approval of the voters of Zone 33 by a mail ballot election, to be held on May 24, 2022. The ballot proposition shall read as follows:
“Shall Ordinance No. XX-2022 of the City Council of the City of Rancho Cordova be approved so as to authorize a special tax on property located in Zone 33 of the Rancho Cordova TransitRelated Services Special Tax Area to maintain the present level of transit-related services and provide additional funding for increased transit-related services?”
3. The City Clerk is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot pursuant to Elections Code Section 4000 and shall be held May 24, 2022.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 4th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
ASSESSOR'S PARCEL NO.
067-0040-010
GRANTLINE RD
CITY OF RANCHO CORDOVA
TRANSIT RELATED SERVICES SPECIAL TAX AREA
ANNEXATION 33
GRANTLINE 220 PROJECT
!
Legend
Annexation Boundary
ITEM 10.1. ATTACHMENT 2
Exhibit A to the Resolution
ITEM 10.1. ATTACHMENT 3
Ordinance No. XX-2022 Page 1 of 5
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA,
ESTABLISHING A SPECIAL TAX FOR TRANSIT-RELATED SERVICES FOR THE GRANTLINE 220 PROJECT SUBJECT TO VOTER APPROVAL
THE CITY COUNCIL OF THE CITY OF THE RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:
Section 1. Purpose, Intent and Authority.
It is of critical importance to the City Council of the City of Rancho Cordova that residents of and employees working in the City receive high quality transit-related services.
In carefully reviewing the City’s budget and revenue projections, it is clear to City staff that the City budget does not contain adequate funding to ensure the continued delivery of adequate high-quality transit-related services unless additional revenues are obtained.
It is the purpose and intent of this non-codified Ordinance to generate additional funds to pay for transit-related services by authorizing the levy of a tax on improved parcels of real property on the secured property tax roll of Sacramento County that are within Zone 33 of the Rancho Cordova Transit-Related Services Special Tax Area (the “Zone”).
This tax is a special tax within the meaning of Section 4 of the Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law. This tax is not an ad valorem property tax; it is an excise tax on the use of property. Because the revenue from the tax may be used only to fund transit-related services, it is also a special tax.
The revenues raised by this tax are to be used solely for the purpose of providing transit-related services as are deemed necessary by the City Council for the benefit of the residents and/or employees of Zone 33.
At the time that the Council adopted this non- codified Ordinance, there were zero (0) registered voters residing in Zone 33 and one property owner. Because the Transit-Related Services Special Tax will be imposed on property in Zone 33 and paid by the owner of the property, the Council finds that restricting the vote on the Transit-Related Services Special Tax to property owners in Zone 33 is appropriate and consistent with the principles and requirements of California Constitution article XIIIC (Proposition 218).
ITEM 10.1. ATTACHMENT 3
Ordinance No. XX-2022 Page 2 of 5
Section 2. Definitions.
The following definitions shall apply throughout this Ordinance.
A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Section 3(A) herein. The adjustments from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section 3(B) herein.
B. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area as published by the U.S.
Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised.
C. “Fiscal year" means the period of July 1 through the following June 30.
D. “Parcel" means the land and any improvements thereon, designated by an assessor’s parcel map and parcel number and carried on the secured property tax roll of Sacramento County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 33, nor any land or improvements owned by any governmental entity.
E. “Rancho Cordova Transit-Related Services Special Tax Area" means all the properties within the jurisdictional limits of the City of Rancho Cordova.
F. “Rancho Cordova Transit-Related Services Special Tax Area Zone 33 (the “Zone”) means that portion of the incorporated area of the City of Rancho Cordova located within the boundaries as shown on the map Exhibit A.
G. “Transit-Related Services” means providing, operating, maintaining and subsidizing transit services and all supporting facilities, infrastructure, programs and incentives that benefit the residents of the Rancho Cordova Transit-Related Services Special Tax Area, and shall be calculated and set according to the methodology described in Engineer’s Report County Service Area No. 10 and Benefit Zone No. 2 County of Sacramento, November 18, 2004, which established the methodology for the original service charge for Benefit Zone No. 2.
H. “Voter” means a person who owns real property within Zone 33, as shown on the last equalized assessment role prepared by the Sacramento County Assessor’s Office, at the time that the City Council adopts an ordinance authorizing the imposition of a transitrelated services tax to the voters of Zone 33.
Section 3. Amount and Level of Taxes.
The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.
ITEM 10.1. ATTACHMENT 3
Ordinance No. XX-2022 Page 3 of 5
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the amount of Tax per Parcel for a Land Use Code Category as set forth on Exhibit B hereto. The use code assigned to each parcel shall be reviewed and updated periodically.
Rates in Exhibit B shall be calculated and set according to the methodology described in Engineer’s Report County Service Area No. 10 and Benefit Zone No. 2 County of Sacramento, November 18, 2004, which established the methodology for the original service charge for Benefit Zone No. 2.
B. For Subsequent Fiscal Years:
In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year the tax is levied.
In June or July of each year, City Council shall determine the amount of taxes to be levied upon the parcels in Zone 33 for the then current fiscal year, as set forth below.
For each Land Use Category on Exhibit B, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows:
Tax Per Parcel
For then Current =
Fiscal Year
Tax Per Parcel
For Immediately
Preceding X
Fiscal Year
Consumer Price Index
from April of immediately
Preceding Fiscal Year to April of
then Current Fiscal Year
OR 6 percent, whichever is less
Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year.
C. Nature of Tax Levy.
The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.
Section 4. Collection and Administration.
A. Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.
B. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which Sacramento County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedures regarding exceptions, due dates,
ITEM 10.1. ATTACHMENT 3
Ordinance No. XX-2022 Page 4 of 5
installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes (as established by Sacramento County) shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
1. The secured roll tax bills shall be the only notices required for this tax, and
2. The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.
C. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
D. Use of Tax Revenue.
The revenue collected from the tax imposed by this ordinance shall be placed into a separate account and may be used only to fund transit-related services, including the costs of administering and collecting the tax and enforcing the provisions of this ordinance.
Revenue from the tax may be used for transit-related services citywide.
E. Refunds.
1. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City pursuant to this ordinance, it may be refunded as provided in this Section.
2. No refund may be made except upon a written claim verified by the person who paid the tax or by his or her guardian or conservator or the executor or administrator of his or her will or estate and stating the grounds upon which the claim is made. All claims filed pursuant to this subsection must be presented within one year after payment of the amount for which the claimant is seeking a refund.
3. No order of a refund may be made until a written claim therefor has been presented in accordance with this subsection. No suit for money, damages or a refund may be brought against the City until a written claim therefor has been presented to the City and has been acted upon or has been deemed rejected by the City, in accordance with this subsection. Only the person who filed the claim may bring such a suit, and if another person should do so, judgment shall not be rendered for the plaintiff.
F. Initiatives to Affect Tax.
Consistent with the California Constitution (art. XIIIC, § 3) the tax imposed by this ordinance may be affected by initiative. The procedures for qualification of such an initiative and the election on a qualified initiative shall be consistent with the California Constitution (art. 2, sec. 8), the California Elections Code (Chapter 3 of Division 9), and the Municipal Code. The minimum number of signatures necessary to qualify an initiative to affect the tax approved by this ordinance shall be equal to 5 percent of the votes in the City for all
ITEM 10.1. ATTACHMENT 3
Ordinance No. XX-2022 Page 5 of 5
candidates for Governor at the last gubernatorial election. The election on a qualified initiative to affect the tax shall be a regular citywide election. An initiative affecting the tax shall be approved only if at least two-thirds of the votes cast on the measure are in favor of its approval.
Section 5. Severability Clause.
If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of Zone 33 hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.
Section 6. Effective Date and Posting.
This Ordinance shall take effect immediately upon its approval by two-thirds of the voters voting within the Zone in an election to be held on May 24, 2022 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2023.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the _____ of _______ 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
ASSESSOR'S PARCEL NO.
067-0040-010
GRANTLINE RD
CITY OF RANCHO CORDOVA
TRANSIT RELATED SERVICES SPECIAL TAX AREA
ANNEXATION 33
GRANTLINE 220 PROJECT
!
Legend
Annexation Boundary
ITEM 10.1. ATTACHMENT 4 Exhibit A to the Ordinance
ITEM 10.1. ATTACHMENT 5
Exhibit B to the Ordinance
Amount of Tax per Parcel by Land Use Category
A. Residential Dwelling Units
As adjusted for inflation from the original base year, the amount of Tax per Parcel for fiscal year 2021-2022 for Residential Land Use Categories shall be $119.94 per low density residential dwelling unit or low density residential dwelling unit equivalent, $95.94 per medium density residential dwelling unit or medium density residential dwelling unit equivalent, or $71.96 per high density residential dwelling unit or high density residential dwelling unit equivalent (Multi-family residential units on a single parcel shall be assessed on a proportionately equivalent basis (e.g., a two-unit attached housing structure, such as a duplex, would be deemed to consist of two residential parcels for purposes of the TransitRelated Services Special Tax).
B. Non-Residential
As adjusted for inflation from the original base year, the amount of Tax per Parcel for fiscal year 2021-2022 for Non-Residential Land Use Categories (except Recreational and Agricultural) shall be $3,075.01 per retail and service commercial acre, $2,643.26 per commercial mixed use or office commercial acre, and $710.15 per light industrial acre.
C. Inflator Formula
The tax is subject to an annual inflator formula based on the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area, or six percent, whichever is less.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 10.2.
DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION DECLARING A PROTEST HEARING AND
AUTHORIZING THE MAILING OF PROPERTY OWNER BALLOT
RELATING TO THE IMPOSITION OF THE ANNUAL STORMWATER
UTILITY FEE FOR THE GRANTLINE 220 PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would declare the results of the property owner protest and, if there exists less than a majority protest, authorize the mailing of a ballot to the property owner to approve the levy of the fee to pay for maintenance of storm drainage and flood protection systems for the Grantline 220 project. The action also sets 1:30 p.m. on May 10, 2022 in the office of the City Clerk, as the time and date for the ballot tabulation for the matter.
BACKGROUND
The Grantline 220 project has a condition of approval which requires funding for operation and maintenance of the storm drainage system. This condition will be satisfied by the participation in the new Stormwater Utility Fee for storm drainage and flood protection services which is the subject of tonight’s action.
The property owner of the Grantline 220 project has requested the City annex the project to the City’s Stormwater Utility Fee pursuant to the California Health and Safety Code Section 5471 et seq. to provide the method of financing for storm drainage and flood protection services required to meet the condition.
On March 21 2022 Council adopted a resolution which established Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Stormwater Utility Fee (the “Procedures”) and designated April 4, 2022, at 5:30 p.m. as the time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Grantline 220 project.
City Council Staff Report - Page 2 of 2
DISCUSSION
The property owner has submitted a petition and waiver for the City to institute the proceedings to participate in the Stormwater Utility Fee. This annexation to the Stormwater Utility Fee will include the project generally known as the Grantline 220 project, see Attachment 2. The maintenance services to be funded include the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of the storm drain and flood protection systems.
Attachment 1 is the Resolution declaring the results of the property owner protest and authorizing the mailing of the property owner ballot, as required by Article XIII D of the California Constitution (also known as Proposition 218). The Resolution sets forth the tabulation of ballots on May 10, 2022, at 1:30 p.m. in the office of the City Clerk. The results of the mailed ballot election will be presented to City Council at their regularly scheduled meeting June 6, 2022, and additional actions will be recommended based on the ballot results.
A “Rate Analysis Report” was approved by City Council on September 4, 2014, by Resolution 103-2014 setting Fiscal Year 2014/2015 maximum annual Stormwater Utility Fee amount for each parcel proportionate to the estimated stormwater runoff for each parcel, see Attachment
3. The maximum annual fee will increase each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San Francisco-Oakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics. A sample of the Stormwater Utility Fees for Fiscal Year 2021-2022 are summarized in Attachment 4.
FISCAL IMPACT AND FUNDING SOURCE
There is no impact to the City’s General Fund. Funds collected by this fee will pay for maintenance of storm drainage and flood protection systems.
ATTACHMENT(S)
1. Resolution
2. Annexation Boundary Map
3. Stormwater (SWU) Rate and Analysis Report
4. Stormwater Utility Fee- Rate Sheet FY21-22
ITEM 10.2. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST
AND AUTHORIZING THE MAILING OF A PROPERTY OWNER BALLOT RELATING TO THE IMPOSITION OF AN ANNUAL STORMWATER UTILITY FEE FOR THE GRANTLINE 220
PROJECT
WHEREAS, this Council has received petitions and waivers from the owners of not less than 100% of the area of land proposed to be annexed into the Stormwater Utility Fee; and WHEREAS, on March 21, 2022, the City Clerk caused a notice of the time and place of the hearing thereon and on the proposed annexation to the Stormwater Utility Fee to be published and such public hearing was opened on April 4, 2022; and WHEREAS, the Council adopted Resolution 103-2014 approving a written report entitled, "Rate Analysis Report", dated September 4, 2014 (the "Written Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Stormwater Utility Fee is applicable (collectively, the "Identified Parcels") and the amount of the Stormwater Utility Fee for each such Identified Parcel for Fiscal Year 2014-15. The Written Report is on file in the office of the City Clerk and is available for public inspection; and
WHEREAS, this Council adopted a resolution which established Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Stormwater Utility Fee (the “Procedures”) and set the date of public hearing; and
WHEREAS, this Council has conducted the public hearing and all interested persons have been afforded the opportunity to be heard, and the City Council has considered all protests against the annexation to the Stormwater Utility Fee; and WHEREAS, there was no majority protest of the owner of the Identified Parcel subject to the Proposed Stormwater Utility Fee.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows:
1. The foregoing recitals are true and correct.
2. The City Clerk is hereby authorized and directed to mail a property owner ballot in accordance with law and the Procedures.
3. The date of the ballot tabulation shall be May 10, 2022 at 1:30 pm.
4. The date of the Council Meeting to report the results of the mailed ballot election shall be June 6, 2022 at 5:30 or as soon thereafter as the matter may be heard.
5. The City Council hereby designates Elizabeth Sparkman, Community Development Director,
ITEM 10.2. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
telephone number, (916) 851-8714 to answer inquiries regarding the ballot proceedings and procedural or technical matters.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on 4th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
ASSESSOR'S PARCEL NO.
067-0040-010
GRANTLINE RD
CITY OF RANCHO CORDOVA
STORMWATER UTILITY FEE AREA
ANNEXATION 34
GRANTLINE 220 PROJECT
!
Legend
Annexation Boundary
ITEM 10.2. ATTACHMENT 2
Rate Analysis Report
for the
Stormwater Utility Fee
For the
City of Rancho Cordova
August 7, 2014
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 1
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Introduction
The City of Rancho Cordova (City) is detaching from the County of Sacramento fee and is creating their own Stormwater Utility Fee, which is being levied per the California Health and Safety Code Section 5471 et seq.
The purpose of this Rate Analysis Report is to:
Review the Stormwater Utility Fee and improvements to be funded. Review the requirements of Article XIIID of the State Constitution (Proposition 218) relating to requirements for apportioning the costs associated with the City’s stormwater runoff system. Analyze and recommend an appropriate rate structure and provide estimated rates based on cost data information provided by the City.
Proposition 218 Requirements
This fee must comply with the provisions of Article XIIID of the California Constitution (Proposition 218). Section 6 of Proposition 218 has the following requirements for all “new, extended, imposed or increased” fees and charges:
1) “Revenues derived from the fee or charge shall not exceed the funds required to provide the property-related service.”
2) “Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.”
3) “The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel.” 4) “No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with [the assessment section of this code].” 5) “No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to property owners.” Background Information
In accordance with the Federal Clean Water Act of 1972, the United States Environmental Protection Agency (EPA) is required to establish regulations setting forth National Pollution Discharge Elimination System (NPDES) permit standards. The enactment of 1987 amendments to the Federal Clean Water Act (Act) of 1972 imposes permit requirements for discharge of storm waters. The Act allows the EPA to delegate its NPDES permitting authority to states with an approved environmental regulatory program. The State of California is one of the delegated states.
The responsibility for implementing various NPDES permits in the State of California has been delegated to the State Water Resources Control Board (SWRCB). The SWRCB administers NPDES authority through its nine Regional Boards. As an NPDES permittee, the City is required to manage stormwater pollution within its jurisdiction.
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 2
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx In order to provide for the safety of the residents of the City and protect property in the City from the damage associated with flooding and to meet the requirements of the NPDES permit, it is necessary to design, construct, operate, maintain, improve and replace storm drainage facilities which collect storm and surface water runoff and convey and treat such runoff in a safe manner to an acceptable point of discharge. It is also necessary to inspect, monitor, and take enforcement action related to illegal dumping, and illicit discharges. In order to properly fund such facilities and activities, the City has determined that it is necessary to impose on all developing properties in Rancho Cordova a user charge for storm drainage service.
Based on the 2030 General Plan and current specific plan areas, Rancho Cordova is expected to develop as shown in Table 1 below. The proposed boundary for the stormwater utility is shown in Appendix A.
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 3
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Table 1 – Land Use
A more detailed land use table by development area is shown in Appendix D.
This development is expected to require significant stormwater drainage and flood control facilities.
Based on the development area and improvements that were required in four (4) recent developments Land Use/ Zoning Description Total Acres Total Units
Residential:
LDR SF (2.1-6.0 DU/AC) 2,635 13,156
MD (6.1-12 DU/AC) 322 2,524
MDR MD (6.1-18.0 DU/AC) 1,852 13,231
MD (14.0-29.9 DU/AC) 60 885
HDR HD (18.1-40.0 DU/AC) 192 4,372
HD (30+ DU/AC) 30 825
Residential Total 5,090 34,993
Non-Residential:
VC Village Commercial 202
LTC Local Town Center 134
RTC Regional Town Center 172
BP Business Park 158
MP Industrial Park 283
Education:
HS/MS High School/Middle School 356
MS Middle School 20
ES Elementary School 102
Open Space & Public:
CP Community Park 313
P/QP Public/Quasi Public 37
NP Neighborhood Park 194
SWD Storm Water Detention 186
WP Wetland Preserve 745
DP Drainage Parkway 270
PR Private Recreation 63
OS Open Space 168
OS/P Open Space/Preserve 279
LC Landscape Corridors 123
GB Green Belts 54
ROW Right-of-way 596
BR/WP Reservoir / Wetland Preserve 528
S Sewer Lift Station / Utility Substa 14
Vacant (unknown dev plan) 595
Total Non-residential 5,590
Total Residential & Non-Res 10,680
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 4
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx within the County of Sacramento, Table 2 summarizes the improvements that are expected once development is complete.
Table 2 – Expected Improvements
Services Funded
Expenditures from the revenue generated from the Stormwater Utility Fee are intended to comply with the requirements set forth in the NPDES permit. The activities and services funded by this fee include, but are not limited to:
1. Administration and oversight of the requirements set forth in the NPDES permit to City departments, developments, and local agencies.
2. Respond to and investigate incidents of illicit discharges and illegal connections to the storm drain system.
3. Periodically inspect facilities for proper handling of materials, chemicals, pollutants, garbage, waste, and debris and prevent any discharges to the storm drain system.
4. Regularly clean and maintain catch basins, the flowline, and storm drainage facilities.
5. Installation and maintenance of water quality devices required to keep pollutants out of the storm drain system.
6. Discourage illegal dumping or discharge of pollutants into the storm drain system by stenciling all City-owned catch basins with a "No Dumping" message.
7. Augment public education and outreach programs in regards to the proper use and function of the storm drainage system and the receiving waters.
Infrastructure Type
Inlets 6,400 LF
Manholes 4,460 LF
66" Pipe 3,950 LF
60" Pipe 10,280 LF
54" Pipe 11,140 LF
48" Pipe 10,210 LF
42" Pipe 28,620 LF
36" Pipe 42,420 LF
30" Pipe 51,050 LF
27" Pipe 540 LF
24" Pipe 91,960 LF
21" Pipe 2,230 LF
18" Pipe 100,300 LF
15" Pipe 101,300 LF
12" Pipe 529,890 0
10" Pipe 4,170 0
Creeks and Channels 80 AC
Basins 320 AC
Quantity
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 5
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx
8. Develop programs to promote, publicize, and facilitate public reporting of illicit discharges to the storm drain system.
9. Encourage the proper disposal of household hazardous waste (HHW) to prevent the improper disposal to the storm drain system or to the sewer system.
10. Discourage the improper disposal of litter, garden clippings, leaves, and pet waste into the street or the storm drain system.
11. Capital replacement of storm drainage and flood control improvements at the end of the expected useful life for such improvements.
Rate Structure Analysis
Section 6.b of Article XIIID of the State Constitution (Proposition 218) states that:
“The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel.” and
“No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question.” By definition, all properties that shed stormwater into the City’s stormwater drainage system use, or are served by, the City’s stormwater drainage system. The amount of use attributed to each parcel is measurable by the amount of storm runoff contributed by the property, which is directly proportional to the amount of impervious area on a parcel (such as buildings and concrete). The more impervious area on a property, the more storm runoff the property generates, the more demand placed on the storm drain system.
The amount each parcel uses the stormwater drainage system is computed by the following formula:
(Parcel Area) x (Impervious Percentage) = Drainage Units The typical percent impervious (% Impervious) for land uses in the City, have been applied for the purposes of estimating the runoff generated by each property. These are shown in Appendix B.
The more Drainage Units a parcel has, the more storm run-off it generates, and the more it uses and impacts the stormwater drainage system.
It is standard practice to relate other land uses to a developed single family residential (SFR) parcel, instead of working exclusively with drainage units. The median size of a SFR parcel will be approximately 0.16 acre. Therefore, it makes sense to relate all parcels to this median residential property. The runoff from a 0.16-acre SFR parcel is set equal to one Drainage Measurement Unit (DMU) and this base DMU is calculated as follows:
(0.16 acres of area) x 50% = 0.0800 Impervious Area = 1 DMU
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 6
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Single Family Residential Parcels
As a SFR property increases in size over the median parcel size, the typical percentage of impervious area decreases, as shown in Appendix B. Conversely, as a SFR parcel decreases in size below the median parcel size, the typical percentage of impervious area increases, and such increase is typically proportional to the decrease in size. Therefore, SFR properties are separated into five (5) groups.
The median parcel area for each group was used and their DMUs are calculated as follows:
SFR Category DMU/ Formula
SFR1 – SFR parcels 0.16 acres or less 1.00 DMU
SFR2 – SFR parcels 0.17 - 0.25 acres 1.10 DMUs
SFR3 – SFR parcels 0.26 – 0.33 acres 1.175 DMUs
SFR4 – SFR parcels 0.34 – 0.50 acres 1.25 DMUs
SFR5 – SFR parcels greater than 0.50 acres 1.25 + [(acres – 0.50) x 5%] = DMUs
0.0800
Multi-Family Residential Parcels
Multi-Family Residential (MFR) units (including condominiums) are split into categories by the density, or number of dwelling units per acre (DU/Ac) as follows:
MFR Category Density % Impervious
MFR1 - High Density Greater than 18 DU/Ac 75%
MFR 2 - Med Density 10 – 18 DU/Ac 70%
Acreage x %Impervious = DMUs
0.0800
Condominium unit parcel areas are calculated by dividing the total area of the condominium complex (which includes the common area) by the number of condominium units, and the total imperviousness of the entire complex is attributed to each individual condo parcel in the complex. (This divides the runoff of the entire complex to each of the individual units.) Because these condominium common areas are taken into consideration in this manner, they are exempt from the charge.
Non- Residential Parcels
All non-residential parcel DMUs will be based on the impervious area (runoff coefficient) table shown in Exhibit B, using the following formula:
Acreage x %Impervious = DMUs
0.0800
All parcels draining into Rancho Cordova Stormwater Utility Fee-maintained drainage infrastructure are proposed to be charged the same user fee rate per DMU for stormwater runoff treatment. The Rancho Cordova Stormwater Utility Fee is proposed in perpetuity.
For the purposes of this report, City-maintained drainage infrastructure includes streets, pipes, inlets, outlets, and natural drainage courses. Parcels related to these types of property uses are exempt from the runoff charge, as they are part of the infrastructure being funded. Also exempt from the runoff charge is Caltrans right-of-way, because Caltrans handles its own runoff under a separate NPDES permit.
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 7
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Drainage units may be adjusted based on appeal from the property owner. See the Appeals Process below.
Table 3, below, provides a preliminary summary of DMUs for the various land uses in Rancho Cordova.
Table 3 – Drainage Measurement Unit Summary Table
Landuse Description
Number of
Units
Total Area
(acres)
Impervious
Area
(acres) DMUs
SINGLE FAMILY RESIDENTIAL (SFR1) 15,107 2,028 15,107.00 SINGLE FAMILY RESIDENTIAL (SFR2) 13,790 2,776 15,169.00 SINGLE FAMILY RESIDENTIAL (SFR3) 14 4 16.45
SINGLE FAMILY RESIDENTIAL (SFR4) -
SINGLE FAMILY RESIDENTIAL (SFR5) -
MULTI-FAMILY RESIDENTIAL (MFR1) 6,082 282 2,639.06
COMMERCIAL 666 499 6,240.00
INDUSTRIAL 283 226 2,830.00
SCHOOLS 478 239 2,985.00
PRIVATE RECREATION 63 16 195.31
PARKS/GREENBELTS 561 140 1,752.47
PUBLIC 51 15 190.13
TOTAL 34,993 7,190 47,124
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 8
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx Cost Estimate
Table 4 below shows the estimated costs to maintain infrastructure in the developing areas. Unit costs for maintenance were derived using budget information provided by the County, since the County currently maintains the storm drainage system. The budget information is shown in Appendix C.
Table 4 – Estimated Costs
Fee Calculations
The estimated annual costs for the proposed storm drain improvements are $5,401,709 as shown in Table 4 above. Dividing that by the total number of proposed DMU’s in Rancho Cordova (47,124), the maximum estimated annual Stormwater Utility Fee rate is $114.63 per DMU.
This would be the proposed maximum fee rate for fiscal year 2014-15. The maximum rate will be increased each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San Francisco-Oakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued, as determined by the Director of Public Works).
Estimated Quantity Unit Cost ($/unit) Total Cost/Year
Maintenance Costs:
Trunk Lines (larger than 24") - TV Lines 158210 LF $ 7.50 25 years $ 47,463.00 Drainage Lines 10"-24" Cleaning 829850 LF $ 3.00 10 years $ 248,955.00 Drainage Lines 10"-24" TV 829850 LF $ 7.50 25 years $ 248,955.00 Creek and Channel Maintenance and Repair 65070 LF $ 0.75 1 year $ 49,009.83 Pipe Repairs 998920 LF $ 0.45 1 year $ 451,380.43
Creeks and Channels Mowing 80 AC $6,825 1 year $ 546,000.00 Creeks and Channels Herbicides 80 AC $680 1 year $ 54,400.00 HydroMod Basin Maintenance 320 AC $4,830 1 year $ 1,545,600.00 Basin De-silt 320 AC $1,000 25 years $ 12,800.00
Basins Herbicides 320 AC $761 1 year $ 243,360.00
Replacement Costs:
Inlets 6400 EA $2,000 75 years $170,667
Manholes 4460 EA $3,500 75 years $208,133
66" Pipe 3950 LF $550 100 years $21,725
60" Pipe 10280 LF $475 100 years $48,830
54" Pipe 11140 LF $400 100 years $44,560
48" Pipe 10210 LF $325 100 years $33,183
42" Pipe 28620 LF $275 100 years $78,705
36" Pipe 42420 LF $225 100 years $95,445
30" Pipe 51050 LF $175 100 years $89,338
27" Pipe 540 LF $150 100 years $810
24" Pipe 91960 LF $125 100 years $114,950
21" Pipe 2230 LF $115 100 years $2,565
18" Pipe 100300 LF $105 100 years $105,315
15" Pipe 101300 LF $95 100 years $96,235
12" Pipe 529890 LF $85 100 years $450,407
10" Pipe 4170 LF $75 100 years $3,128
Total: $5,011,917
Annual Fee Administration: $45,000
Operating (Cash Flow) Reserve (10% of Maintenance Costs): $344,792 Estimated Total: $5,401,709
Frequency
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 9
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx The actual rate to be levied each year will be as approved by the City at a public hearing, after they consider an Annual Fee Report outlining the estimated annual costs of the program for the ensuing fiscal year.
Table 5 provides sample fee calculations for various land uses and parcel sizes.
Table 5 – Sample Calculations
The Preliminary Charge Roll, which is a listing of each parcel to be charged a fee and its proposed maximum fee for FY 2014-15, is on file in the office of the City Clerk.
Appeals Process
If a property owner disagrees with the calculation of his or her fee, based on the parcel area and estimated impervious percentage assigned to the property, then the property owner may appeal the calculation as follows:
1. Property owner must provide written documentation explaining the reason why the charge should be changed. This documentation must include:
a. The name, phone number, mailing address, and email address, if available, of the property owner.
b. The Assessor’s Parcel Number (APN) of the property in question.
2. If additional documentation is required or insufficient documentation was submitted, a representative of the Department of Public Works (Staff) will notify the property owner in writing.
3. Once Staff has determined that sufficient documentation has been submitted, Staff will perform the initial review. Staff will notify the property owner in writing within four (4) weeks from the time sufficient documentation was submitted as to whether or not the fee amount will be changed.
a. If the determination is to change the fee amount, then the new fee amount will be documented within the City’s fee database.
Land Use Description
Total Area
(acres)
Impervious
Area
(acres) DMUs Sample Fee
SINGLE FAMILY RESIDENTIAL (SFR1) 0.16 1.000 $ 114.63
SINGLE FAMILY RESIDENTIAL (SFR2) 0.22 1.100 $ 126.09
SINGLE FAMILY RESIDENTIAL (SFR3) 0.30 1.175 $ 134.69
SINGLE FAMILY RESIDENTIAL (SFR4) 0.40 1.250 $ 143.28
SINGLE FAMILY RESIDENTIAL (SFR5) 1.00 1.563 $ 179.10
MULTI-FAMILY RESIDENTIAL (MFR1) 5.00 3.75 46.875 $ 5,373.12 COMMERCIAL1 0.75 1.00 9.375 1,074.62 $
INDUSTRIAL 1.00 0.80 10.000 1,146.27 $
SCHOOLS 5.00 2.50 31.250 3,582.08 $
PRIVATE RECREATION 1.00 0.25 3.125 358.21 $
PARKS/GREENBELTS 2.00 0.20 2.500 286.57 $
PUBLIC 2.00 0.60 7.500 859.70 $
1 Average of Downtown and Neighborhood Commercial as shown in Appendix B ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Page 10
Q:\Sacramento\Storm Drain User Fee\Report\rancho cordova drainage fee rpt DRAFT 08.6.14.docx b. If the determination is that the fee should not be changed, the property owner can appeal Staff’s decision to the Director of Public Works. The appeal must be made in writing and returned no later than four (4) weeks from the date of mailing of Staff’s initial review decision. The Director of Public Works will notify the property owner in writing within four (4) weeks from the date of receipt of the appeal as to whether or not the fee amount will be changed.
If the owner of any parcel shall have reason to feel that the computation of the DMU for his/her parcel is not correct, that person may file an appeal with the Director of Public Works in the manner prescribed by the Director of Public Works. The Director of Public Works will consider all data provided by the appellant and shall render a decision in writing.
The decision of the Director of Public Works will be final with respect to City action on the appeal.
Appeals will be accepted annually up until June 30 for inclusion on the following fiscal year’s property tax roll submittal. However, if an appeal is granted by Staff or the Director of Public Works that does not permit inclusion for the following fiscal year’s property tax roll submittal, a reimbursement will be provided to the property owner by the City.
Respectfully submitted:
Harris & Associates
Dennis A. Anderson
Senior Project Manager
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report APPENDIX A
APPENDIX A
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report APPENDIX B
APPENDIX B
Runoff Coefficient
Land Use Impervious
Single Family Residential less than 0.166 acres 50%
Single Family Residential 0.166 acres to 0.250 acres 40% Single Family Residential 0.251 acres to 0.330 acres 30% Single Family Residential 0.331 acres to 0.500 acres 25% Single Family Residential Over 0.500 acres (excluding the first 0.500 acres) 5% High-Density Residential (including Apartments and Mobile Home Parks) 75% Condominiums 70%
Commercial Downtown Areas1 80%
Commercial Neighborhood Areas 70%
Industrial 80%
Schools 50%
Parks 25%
Greenbelts 10%
Footnotes:
1 City of Rancho Cordova Municipal Code Chapter 15.
Sources:
1. Yolo County City/County Drainage Manual, February 2010.
2. Stormwater Quality Design Manual for the Sacramento and South Placer Regions, May 2007.
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Appendix C
Appendix C
Cost Information
ITEM 10.2. ATTACHMENT 3
County of Sacramento/City of Rancho Cordova
Current Storm Drain Maintenance Costs
Repair Type
Actual Expenditures for FY
11/12
FY 13/14
Budget
County North OCUO Drain Line Upgrade or Repair 630,912.90 $ 630,912.90 $ OFFO Fence Repair 19,343.41 $ 19,343.41 $ OHKO Inlet Outfall Repair 455,724.02 $ 455,724.02 $ OMSO Erosion Control 26,189.60 $ 26,189.60 $ OY8O Manhole Repair 63,362.44 $ 63,362.44 $ RAMP ADA Compliant Ramp - $ - $ Overhead 36.39% 435,026.56 $ 435,026.56 $ $ 1,630,558.93 1,630,558.93 $
County South OCUO Drain Line Upgrade or Repair 105,317.24 $ 105,317.24 $ OFFO Fence Repair 35,802.01 $ 35,802.01 $ OHKO Inlet Outfall Repair 214,660.90 $ 214,660.90 $ OMSO Erosion Control - $ - $ OY8O Manhole Repair 8,585.40 $ 8,585.40 $ RAMP ADA Compliant Ramp - $ - $ Overhead 23.51% 85,667.45 $ 85,667.45 $ $ 450,033.00 $ 450,033.00
Rancho Cordova OCUO Drain Line Upgrade or Repair $ 222,809.74 $ 229,850.53 OFFO Fence Repair $ 26,326.14 $ 27,158.05OHKO Inlet Outfall Repair $ 224,877.26 $ 231,983.38OMSO Erosion Control $ - $ -OY8O Manhole Repair $ 4,498.84 $ 4,641.00RAMP ADA Compliant Ramp $ - $ -Overhead 23.51% $ 112,504.88 $ 116,060.03 $ 591,016.86 $ 609,692.99
Total LF of Pipes
County 7,865,755 7,865,755Rancho Cordova 1,349,271 1,349,271 Cost/LF of pipe for Repairs
County $ 0.26 $ 0.26
Rancho $ 0.44 $ 0.45
* Costs were increased for 12/13 based on comparing actual expenditures in 11/12 with actual expenditures in 12/13.
Pipe Repair Costs
Total Budget=Total Budget=Total Budget=
Budget Classification
8/6/2014
ITEM 10.2. ATTACHMENT
3
County of Sacramento/City of Rancho Cordova
Current Storm Drain Maintenance Costs
Repair Type
Actual
Expenditures FY
11/12
FY 13/14
Budget
County OCCO Inspect Channels 149,684.06 $ 149,684.06 $
ODSO Clean, Inspect trach Racks and Box Culverts 203,337.83 $ 203,337.83 $ OF8O Sandbag Distribution 5,184.60 $ 5,184.60 $ OFCO Drainage Response 82,451.66 $ 82,451.66 $ OFDO Concrete Channel Cleaning Bobcat 552,150.54 $ 552,150.54 $ OHWO Vegetation Removal County ForcesOJZO Clean and Inspect Outfall Structures 191,840.84 $ 191,840.84 $ OLCO Access Road Maintenance - $ - $ OLDO MowingOMPO Expose Pipe End Mechanically 2,720.90 $ 2,720.90 $ OMRO Channel Cleaning Mechanical 49,087.50 $ 49,087.50 $ OORC Rodent Control 32,695.06 $ 32,695.06 $ OTVD Tree Removal 79,463.44 $ 79,463.44 $ OVDO Dry Spoil Dumping 8,137.34 $ 8,137.34 $ OWCO Weed Control ChemicalOverhead 36.39% 493,691.29 $ 493,691.29 $ $ 1,850,445 1,850,445 $
County OCCO Inspect Channels $ 1,797.15 $ 1,797.15
ODSO Clean, Inspect trach Racks and Box Culverts $ - $ - OF8O Sandbag Distribution $ 2,464.80 $ 2,464.80OFCO Drainage Response $ 1,293.11 $ 1,293.11OFDO Concrete Channel Cleaning Bobcat $ 144,294.58 $ 144,294.58 OHWO Vegetation Removal County ForcesOJZO Clean and Inspect Outfall Structures $ - $ -OLCO Access Road Maintenance $ 57,345.54 $ 57,345.54 OLDO MowingOMPO Expose Pipe End Mechanically $ - $ -OMRO Channel Cleaning Mechanical $ 32,935.75 $ 32,935.75 OORC Rodent Control $ - $ -OTVD Tree Removal $ 214,736.46 $ 214,736.46 OVDO Dry Spoil Dumping $ - $ -
Creek and Channel Cleaning
Total Budget=
Budget Classification
8/6/2014
ITEM 10.2. ATTACHMENT 3
Repair Type
Actual
Expenditures FY
11/12
FY 13/14
Budget Classification Budget
OWCO Weed Control ChemicalOverhead 23.51% 106,945.71 $ 106,945.71 $ $ 561,813 561,813 $
Rancho Cordova OCCO Inspect Channels $ - $ -
ODSO Clean, Inspect trach Racks and Box Culverts $ 413.30 $ 413.30 OF8O Sandbag Distribution $ - $ -OFCO Drainage Response $ - $ -OFDO Concrete Channel Cleaning Bobcat $ 65,905.39 $ 65,905.39 OHWO Vegetation Removal County ForcesOJZO Clean and Inspect Outfall Structures $ - $ -OLCO Access Road Maintenance $ - $ -OLDO MowingOMPO Expose Pipe End Mechanically $ - $ -OMRO Channel Cleaning Mechanical $ - $ -OORC Rodent Control $ - $ -OTVD Tree Removal $ - $ -OVDO Dry Spoil Dumping $ - $ - OWCO Weed Control ChemicalOverhead 23.51% $ 15,592.45 $ 15,592.45 $ 81,911 $ 81,911
Total LF of Channels
Rancho Cordova (unlined) 74,628 74,628
Rancho Cordova (lined) 37,562 37,562Total Rancho Cordova 112,189 112,189 County (unlined) 1,677,768 1,677,768
County (lined) 216,153 216,153
Total County 1,893,920 1,893,920
Cost/LF of Channel for Cleaning:
County $ 1.27 $ 1.27
Rancho $ 0.73 $ 0.75
* Costs were increased for 12/13 based on comparing actual expenditures in 11/12 with actual expenditures in 12/13.
Total Budget=Total Budget=
8/6/2014
ITEM 10.2. ATTACHMENT
3
County of Sacramento/City of Rancho Cordova
Current Storm Drain Maintenance Costs
Activity Size/Location Cost/LF Frequency NotesPipes/ChannelsHydro Cleaning 6"-24" $ 10 years 3.00TV Lines all $ 25 years 7.50 Rancho $ each year 0.75 Within SWU Budget
Sac County $ 1.27
Pump Mainteance Covered within budget
Per County Staff Assume no pumps in new areas.
Repairs 2 crews year round SWU funds support thisHydromod Basin cost/acMaintenance $ annul 4,830.00 see detailed estimateHerbicides $ 2 x's/year 325.00 Additional costs
Pesticide Control Advisor $ annually 20,000.00Engineering admin support with regulatory agencies 10% of maint costs/yearSupervisors and managers 5% of maint costs/yearCreek and Channel Cleaning 8/6/2014
ITEM 10.2. ATTACHMENT
3
Basin Maintenance Costs Cost per Acre
Trash Clean‐up and Disposal (4 x's/year) $ 1,200
Mowing (2 x's/year) $ 200
Inspection 4 x's/year $ 1,600
Erosion Repair $ 800
Vegetation and Landscape Maintenance $ 800
Sub‐total $ 4,600
Over‐head Mark‐up (5%) $ 230 Total Cost $ 4,830
Hydromod Basin Maintenance
Inspection Includes: Examine gates, fences and access ramp for damage and overgrown vegetation, check basin slopes for erosion, excess vegetation, debris and animal burros, check flow line for excess vegetation and sediment, check for eriosion at water line, large/floating debris, and excess vegetation. Check for debris, creacks and instructure, and erosion at inlets and outlets. Also check access control racks for debris and to snrue they are locked and secured. Check riprap at inlet weir
ITEM 10.2. ATTACHMENT 3
City of Rancho Cordova August 7, 2014
Stormwater Utility Fee
Rate Analysis Report Appendix D
Appendix D
Detailed Land Use Data
ITEM 10.2. ATTACHMENT 3
Storm Drain User Fee
City of Rancho CordovaDecember 20, 2013 AC, Landuse & units derived from GIS/Aerials North Douglas II Heritage Falls Anatolia IV
Land Use/ Zoning Description AC Units AC Units AC Units AC Units AC Units AC 2012 Units
2012 AC Units AC 2013
Units
2012 AC 2013 Units 2012 Est.
Units
2013 AC Units AC Units AC Units AC Units GIS AC GIS Units GIS AC GIS Units Total Acres Total Units Residential:
LDR SF (2.1-6.0 DU/AC) 35.3 176 144.8 698 3.7 14 44.7 276 71.4 388 1,518.5 7,593 179.4 899 142.3 694 35.8 179 347.2 1,580 17.70 153.00 72.20 303.00 21.60 203.00 2,635 13,156 MD (6.1-12 DU/AC) 321.5 2,524 322 2,524
MDR MD (6.1-18.0 DU/AC) 83.8 556 290.0 2,334 a 94.2 528 28.2 287 42.8 227 54.4 402 256.0 2,048 43.7 286 c 105.4 685 17.5 192 146.8 1,389 92.10 525.00 450.8 2,831 146.4 941 1,852 13,231 MD (14.0-29.9 DU/AC) 60.4 885 60 885
HDR HD (18.1-40.0 DU/AC) 98.0 1,960 44.2 980 12.2 378 * 30.4 922 6.80 132.00 192 4,372 HD (30+ DU/AC) 29.5 825 * These may be Attached 30 825
Residential Total 119.1 732 524.7 4,742 94.2 528 31.9 301 87.5 503 125.8 790 1,872.5 11,601 588.8 4,689 259.9 1,757 53.3 371 524.4 3,891 17.7 153 171 960 22 203 450.8 2,831 146.4 941 5,090 34,993 Non-Residential:
VC Village Commercial 16.9 19.5 16.6 20.0 22.0 13.5 93.3 202 LTC Local Town Center 30.4 20.0 83.5 134
RTC Regional Town Center 0.9 113.0 58.4 172
BP Business Park 6.6 65.0 86.0 158
MP Industrial Park 283.0 283
Education:
HS/MS High School/Middle School 72.6 78.0 110.9 b 94.0 b 356 MS Middle School 20.0 20
ES Elementary School 21.2 10.6 54.0 5.50 10.8 102
Open Space & Public:
CP Community Park 11.4 60.7 7.8 107.0 44.9 29.3 52.3 313 P/QP Public/Quasi Public 2.0 3.2 7.5 12.3 10.6 1.1 37
NP Neighborhood Park 3.1 3.8 8.2 5.2 3.4 20.8 67.5 17.0 8.6 6.4 0.71 17.20 3.70 21.2 7.0 194 SWD Storm Water Detention 4.0 15.0 9.6 39.0 53.5 24.3 4.00 17.40 9.5 9.6 186 WP Wetland Preserve 55.8 43.8 81.0 54.5 510.0 745
DP Drainage Parkway 138.0 5.0 104.6 15.30 7.2 270PR Private Recreation 54.0 4.20 4.3 63 OS Open Space 144.5 22.0 0.60 0.80 168
OS/P Open Space/Preserve 12.0 45.6 174.0 47.7 279
LC Landscape Corridors 1.1 2.8 82.0 19.2 2.70 1.30 13.4 0.7 123 GB Green Belts 2.6 51.0 54
ROW Right-of-way 9.5 104.3 8.5 5.3 22.4 192.0 82.6 20.5 14.5 127.1 6.90 2.20 596 BR/WP Reservoir / Wetland Preserve 302.8 205.1 19.80 528 S Sewer Lift Station / Utility Substation 1.0 6.6 6.4 14 Vacant (unknown dev plan) 567.4 27.3 595
Total Non-residential 91.5 826.1 11.0 79.6 123.1 127.1 1,956.0 676.5 270.2 20.9 613.1 25.1 0.0 70.0 0.0 7.2 0.0 634.3 58.2 5,590 Total Residential & Non-Res 210.6 732.0 1,350.8 4,742.0 105.2 528.0 111.5 301.0 210.6 503.0 252.9 790.0 3,828.5 11,601.0 1,265.3 4,689.0 530.1 1,757.0 74.1 371.0 1,137.5 3,891.0 42.8 153.0 241.1 960.0 28.8 203.0 1,085.1 2,831.0 204.6 941.0 10,680 Notes: All data is from recent plans received in Nov 2013 unless specified otherwise. AC estimated a Arboretum has 2 MD residential classifications. The first line is for 6.1-13.9 DU/AC (instead of 6.1-18) Includes April 2012 b Acreage for all schools Amendment
c Suncreek has 2 MD residential classifications. The second line is for 12.1-18 DU/AC (instead of 6.1-18) Arista Del Sol Arboretum Douglas 98 Douglas 103 Grantline 208 Montelena Rio Del Oro Suncreek The Ranch (Sunridge) Sunridge Lot J Westborough Anatolia Sunridge Q:\Sacramento\Storm Drain User Fee\Land Use Summary and fee calculation 04.15.14.xlsx ITEM 10.2. ATTACHMENT
3
ITEM 10.2. ATTACHMENT 4
Stormwater Utility Fee
Sample of the Stormwater Utility Fees for Fiscal Year 2021-2022:
Table 1
Land Use Description
Total Area
(acres) Sample Fee
Single Family Residential (SFR1) 0.16 $137.62
Single Family Residential (SFR2) 0.22 $151.38
Single Family Residential (SFR3) 0.30 $161.72
Single Family Residential (SFR4) 0.40 $172.02
Single Family Residential (SFR5) 1.00 $172.02
Multi-Family Residential (MFR1) 5.00 $1,204.35
Commercial 1.00 $1,290.39
Industrial 1.00 $1,376.43
Schools 5.00 $860.26
Private Recreation 1.00 $430.11
Parks/Greenbelts 2.00 $172.02
Public Property (with structures) 2.00 $516.14
City Council Staff Report – Page 1 of 12
MEMORANDUM
ITEM 11.1.
DATE: April 4, 2022
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: GENERAL PLAN AMENDMENTS TO THE SAFETY ELEMENT FOR THE
MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AND THE LAND USE AND CIRCULATION ELEMENT FOR THE PRESERVE PROJECT;
CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, A REZONE,
DEVELOPMENT AGREEMENT, AND TENTATIVE SUBDIVISION MAP FOR THE PRESERVE PROJECT DD9835
___________________________________________________________________________ PRESERVE PROPERTY OWNERS:
Grantline Rd. LLC David B Whitlow Family 2005 Trust TDW Enterprises LP 3001 I Street, Suite 300 12525 Douglas Road 3001 I Street, Suite 300 Sacramento, CA 95816 Rancho Cordova, CA 95742 Sacramento, CA 95816 David/Alaina Divine 1985 Revocable Trust
9636 Clos Du Lac Circle
Loomis, CA 95650
PRESERVE APPLICANT/DEVELOPER:
Winn Communities
3001 I Street, Ste 300
Sacramento, CA 95816
PROJECT: The Preserve applicant is seeking approval of the Preserve project, which includes 439 single family residential lots and various park, open space and preserve parcels on 279 acres.
FILE: DD9835
LOCATION: The Preserve project is 279-acres west of Grant Line Road, north of Douglas Road, just north of the North Douglas Subdivision. The General Plan Amendment to the Safety Element applies city-wide
APN:
ZONING
073-0010-010 & 011 and 072-0300-001, 002, 005, and 008
Agricultural 80 (AG-80) and Industrial Reserve (IR)
RECOMMENDATION
1. Adopt a Resolution Certifying The Preserve Environmental Impact Report and adopt the Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Report Program and;
City Council Staff Report – Page 2 of 12
2. Adopt a Resolution approving a General Plan Amendment with associated exhibits, subject to the findings contained in the Resolution; and
3. Introduce and waive first reading of an Ordinance adopting the Rezone with associated exhibit, subject to the findings contained in the Ordinance; and
4. Adopt a Resolution approving a Tentative Subdivision Map with associated exhibits, subject to the findings contained in the Resolution; and
5. Introduce and waive first reading of an Ordinance adopting the Development Agreement for The Preserve Project, subject to the findings contained in the Ordinance.
RESULT OF RECOMMENDED ACTION
Adoption of the above-referenced resolutions and ordinances would permit development of The Preserve project and allow the applicant to submit for final maps and necessary improvement plans and building permits to begin construction of the proposed project and associated infrastructure. Additionally, approval of the General Plan Amendment would amend the Safety Element to include a link to the current (2021-2026) Multi-Jurisdictional Local Hazard Mitigation Plan, which was adopted on March 7, 2022.
SITE CHARACTERISTICS AND LOCATION
Currently, the 279.3-acre project site contains two single-family residences and associated outbuildings on the southern portion of the site, within parcels 072-0300-002 and -005. An orchard is located within the northeastern portion of the site within parcel 073-0010-011, and a third single-family residence and associated outbuildings are located on APN 072-0300-008.
The remainder of the site consists primarily of non-native grasses, with scattered trees located in the vicinity of the existing residences and associated access roads. The site is characterized by moderate rolling hills and flatlands interspersed with seasonal drainage corridors and wetlands. Additionally, Morrison Creek runs northeast to southwest through the project site.
Surrounding land uses include the Camden at Somerset Ranch residential subdivision directly to the south, vacant agricultural lands under a Williamson Act contract and a Teichert Aggregates Aggregate/Asphaltic Concrete site across Grant Line Road to the east, industrial/open space to the north, and vacant land approved for the development of the Rio Del Oro residential community immediately adjacent to the west.
City Council Staff Report – Page 3 of 12
Figure 1: Site Location
Figure 2: Project Site
City Council Staff Report – Page 4 of 12
GENERAL PLAN AMENDMENT (GPA)
Pursuant to Government Code Section 65358 (b), a General Plan shall be amended no more than four times in a calendar year. Each amendment may include more than one change to the General Plan. Therefore, the Resolution to amend the General Plan, includes amendments to three elements; one initiated by the City and two initiated by the Preserve project applicant.
Safety Element
On March 7, 2022, the City Council adopted the 2021-2026 Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP). The LHMP assess natural hazards of concern to Sacramento County and Cities within; evaluates risk to life safety, public health, property, and the environment; and evaluates mitigation measures to reduce these risks and vulnerabilities, minimize losses, and increase community resilience. The LHMP Goals are as follows; Goal 1: Minimize risk and vulnerability of the Sacramento County and Cities to the impacts of natural hazards and protect lives and reduce damages and losses to property, public health, economy, and the environment.
Goal 2: Improve public outreach, awareness, education, and preparedness for all hazards to minimize hazard related losses.
Goal 3: Improve the capabilities of the community to mitigate losses and to be prepared for, respond to, and recover from a disaster event.
Goal 4: Maintain FEMA Eligibility/Position Jurisdictions for Grant Funding.
The LHMP includes an Action Plan for each City within Sacramento County that identifies actions to be completed under the current Hazard Mitigation Plan. Adoption of the current (2021-2026) Multi-Jurisdictional Local Hazard Mitigation Plan into the City of Rancho Cordova General Plan Safety Element includes revised language and a link to the current (2021-2026) LHMP as follows (Attachment 9):
“The Local Hazard Mitigation Plan (LHMP) for Sacramento County planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. (Add a link to the LHMP)” Land Use and Circulation Element
The Preserve project site is located within the Grant Line West Planning Area of the General Plan. At the time the General Plan was adopted, anticipated land use for the area included Residential Mixed Density and Natural Resources but was given a land use designation of Grant Line West Planning Area. The plan area has various environmental constraints such as mine tailings, Vernal pools and Morrison Creek. These features provide various challenges to developing the area to the conceptual plan shown in Figure 3, below.
City Council Staff Report – Page 5 of 12
Figure 3: Conceptual Land Plan
The Applicant is requesting a GPA to change the land use designation of a portion of the property from Grant Line West Planning Area to Low Density Residential Figure 4. This land use designation would result in lesser density than what was contemplated in the conceptual plan. However, it provides the greatest preservation of the various natural resources and habitats that were listed above.
City Council Staff Report – Page 6 of 12
Figure 4: General Plan Amendment Exhibit
The Applicant is also requesting that a portion of Centennial Drive that runs through the project site, as depicted in Figure 5, outlined by a red circle, be removed from Figure C-1 of the General Plan Circulation Element. The Centennial Drive Memorandum (included in Attachment 4 Draft EIR) prepared for the proposed project assessed the potential impacts that could result from modifying Centennial Drive, a future roadway included in the General Plan and depicted in the Circulation Element’s Circulation Plan with Roadway System and Sizing map. If constructed as portrayed, Centennial Drive would consist of four lanes and run through the project site in an east-west direction. As noted in the Circulation Element, the City’s future circulation system, of which Centennial Drive would be a part, has been designed to create a complete transportation network that links together all parts of the City’s Planning Area through a variety of interconnected and overlapping modes and travel options. However, as part of the requested GPA, the stretch of Centennial Drive previously planned to run through the project site would not be constructed. Therefore, the Centennial Drive Memorandum evaluates the potential effects of eliminating the portion of Centennial Drive that would have run through the project site.
As part of analyzing the effects of modifying Centennial Drive, two versions of the City’s Travel Demand Model (TDM) were run to predict 2035 traffic volumes along project vicinity roadways, the first version of the model without modifications to Centennial Drive and the second version with the stretch of Centennial Drive between Americanos Boulevard and Grant Line Road removed. The resulting volumes from the two model runs were compared. The largest daily volume increase as a result of modifying Centennial Drive would occur along White Rock Road, immediately west of Grant Line Road. The largest daily volume decrease would be along the stretch of Centennial Drive that would still be constructed, immediately west of Americanos Boulevard. Minimal daily volume differences would occur along Sunrise Boulevard and Rancho
City Council Staff Report – Page 7 of 12
Cordova Parkway. Volumes are expected to fluctuate between increasing by almost 6,500 daily vehicles along White Rock Road to decreasing by 6,600 daily vehicles along Centennial Drive.
However, the Centennial Drive Memorandum concluded the change in daily volumes would not noticeably affect operations along any roadway segment.
Additionally, the Centennial Drive Memorandum included an LOS (Level of Service) analysis for select roadways in the vicinity of Centennial Drive, both with and without the Centennial Drive connection between Americanos Boulevard and Grant Line Road. Based on the evaluation, roadways are expected to operate in accordance with applicable LOS standards, both with and without the Centennial Drive connection between Americanos Boulevard and Grant Line Road.
Furthermore, the Centennial Drive Memorandum included a follow-up LOS analysis of previously analyzed roadway segments from the Rio del Oro Specific Plan EIR to determine to what extent modifying Centennial Drive would affect the previously evaluated roadways’ consistency with applicable LOS standards. The evaluation included analysis of SR 16. Based on the results, the modification of Centennial Drive would not result in any new inconsistencies with applicable LOS standards from what was previously identified in the Rio del Oro Specific Plan EIR.
The removal of Centennial Drive from the project site as depicted on Figure C-1 of the General Plan was thoroughly analyzed in the EIR. It was concluded that the removal of this section of Centennial Drive would not create inconsistencies with the roadway network LOS standards.
Figure 5 Circulation Plan with Roadway System and Sizing Map
City Council Staff Report – Page 8 of 12
REZONE (RZ)
The Applicant is seeking a rezone of 98.9 acres of the property from Agriculture 80 (AG-80) to RD-5. Per the Rancho Cordova Municipal Code (RCMC), this zone allows for residential development in the 4.1 to 5.0 dwelling units per acre range. The RD-5 zone is also a compatible zone with the General Plan land use designation of Low Density Residential. The residential development to the south has a zoning of RD-5 as well, with a similar overall density as the proposed project.
Figure 6: Rezone Exhibit
TENTATIVE SUBDIVISION MAP
The proposed project would include a Tentative Subdivision Map to subdivide the project site into 439 single-family residential lots as depicted in Figure 7 (Attachment 13). Lots on the western portion of the project site would generally be a minimum of 4,050 square feet (sf) (45 feet x 90 feet), with larger lots at the corners of each block. Lots in the central portion of the site would generally be a minimum of 5,775 sf (55 feet x 105 feet) with corner lots and others being larger, and lots in the eastern portion of the site would generally be a minimum of 4,725 sf (45 feet x 105 feet). Overall, the proposed lots would range from a minimum of 4,050 sf to a maximum of 9,416 sf. The units would include either an 18- or 20-foot setback from the front of the residence to the street. In addition, the proposed project would establish a 100-foot setback from Morrison Creek and would include park areas, community spaces, green infrastructure, and open space/preserve areas.
The proposed project would include two entry points from Raymer Way, as well as connection to the existing Camden at Somerset Ranch subdivision by way of an extension of Edington
City Council Staff Report – Page 9 of 12
Drive and a new connection to Thornburg Way. The streets would be between 32 and 50-feet wide (curb to curb), which would allow for emergency vehicle access within the minimum 20-foot street width requirement. The internal circulation system would consist of several drive aisles with circulation to all residences within the subdivision. The proposed project would include construction of five-foot attached sidewalks and three-foot gutters along the majority of internal streets. Six-foot margins along the sides of each street would allow for street parking.
Figure 7: Tentative Subdivision Map
As part of the proposed project, 185.3 acres of undeveloped land on the northern parcels would be retained as open space/preserve. Morrison Creek would be undisturbed within the open space area. The proposed project would include measures to protect the vegetation and habitats within the 185.3 acres of open space/preserve, including but not limited to, preserve fencing and long-term funding for management of the preserve. The areas designated for open space would maintain the IR or AG-80 zoning designation and would not require an amendment.
City Council Staff Report – Page 10 of 12
A total of 8.65 acres are planned for two park areas located at the northern end of the development area. The parks would be managed by the Cordova Recreation and Park District.
An additional 10.22 acres of land would be designated Community Spaces and Green Infrastructure, Figure 8.
Figure 8: Open Space and Park Exhibit
DEVELOPMENT AGREEMENT
The request also includes the adoption of a Development Agreement (DA) for the Preserve Project Under California law, development agreements grant ("vest") developers the right to proceed with development of a project in compliance with the local laws, terms, standards and requirements that are in effect at the time the City enters into the development agreement, subject to the limitations in the development agreement. Provided below is a summary of some of the more critical sections associated with the development of The Preserve Project. (Attachment 16 Development Agreement and Appendices).
4.1 Term – The terms of the DA is 20-years, with the option to extend by the Parties. 5.10 CC&R Enforcement and Property Maintenance Code – The Developer will record CC&R’s against the individual parcels. These CC&R’s include the City as a third-party beneficiary which gives the City the ability to enforce the duties and covenants if need be.
6 Park Development Fee and Community Places Fee Obligations – This section outlines the dedication and fee obligations of the Developer in regards to parks and community places.
City Council Staff Report – Page 11 of 12
8 Affordable Housing Plan – outlines the Developer’s obligation for affordable housing which in this case is $6,264.48 per single-family dwelling. They do not have an acreage obligation due to the gross acres of the project site being less than 100 acres.
ENVIRONMENTAL
The City of Rancho Cordova circulated an Initial Study and Notice of Preparation (NOP) of an EIR for the Project on October 5, 2019 to trustee agencies, the State Clearinghouse (SCH # 2019100515), and the public. A scoping meeting was held on November 13, 2019 in the City of Rancho Cordova. Those present at the scoping meeting included representatives from the following: the City of Rancho Cordova, Raney Planning and Management, and the Project applicant team.
The City of Rancho Cordova published a public Notice of Availability (NOA) for the Draft EIR on November 9, 2021, inviting comment from the general public, agencies, organizations, and other interested parties. The NOA was filed with the State Clearinghouse and the County Clerk and was published in a local newspaper pursuant to the public noticing requirements of CEQA.
The Draft EIR was available for public review and comment from November 9, 2021 to December 27, 2021.
The Draft EIR contains a description of the Project, description of the environmental setting, identification of project impacts, and mitigation measures for impacts found to be significant, as well as an analysis of project alternatives, identification of significant irreversible environmental changes, growth-inducing impacts, and cumulative impacts. The Draft EIR identifies issues determined to have no impact or a less-than-significant impact and provides analysis of potentially significant and significant impacts. The Draft EIR identified the following impacts that were determined to be significant and unavoidable, which requires the City Council to adopt a Statement of Overriding Considerations (Attachment 2):
Transportation
Impact 4.10-2 Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) under Existing Plus Project conditions? The City received eight comments on the Draft EIR during the public review period. Responses to each individual comment letter were prepared, and are available in Chapter 2, Responses to Comments, of the Final EIR. The Final EIR comprises the Draft EIR together with one additional volume that includes the comments on the Draft EIR submitted by interested public agencies, organizations, and members of the public; written responses to the environmental issues raised in those comments; revisions to the text of the Draft EIR reflecting changes made in response to comments and other information; and other minor changes to the text of the Draft EIR. No new information was received that would required recirculation of the Draft EIR under CEQA Guidelines section 15088.5. Attachment 4 Draft EIR and Appendices and Attachment 5 Final EIR and Appendices.
Habitat Conservation Plan
The City has adopted the South Sacramento Habitat Conservation Plan (SSHCP) in order to mitigate impacts on protected natural resources through a coordinated regional approach, which provides a variety of biological and economic benefits. The project is within the boundaries of the SSHCP and the Developer has applied for a Habitat Conservation Plan (HCP) permit with
City Council Staff Report – Page 12 of 12
the City. The Developer will pay the City a per-acre fee for impacts on protected natural resources, based upon the methodology established by the SSHCP. Prior to issuance of the SSHCP permit by the City, the Developer will obtain and have all necessary permits (federal, state, regional and/or local) to ensure compliance with the adopted SSHCP.
RECOMMENDED MOTIONS
1. Adopt a Resolution (Attachment 1) Certifying The Preserve Environmental Impact Report and adopting the Findings of Fact and Statement of Overriding Considerations (Attachment 2) and Mitigation Monitoring Report Program (Attachment 3) and;
2. Adopt a Resolution (Attachment 6) approving a General Plan Amendment with associated exhibits, subject to the findings contained in the Resolution (Attachments 7 through 9); and
3. Introduce and waive first reading of an Ordinance adopting the Rezone (Attachment 10) with associated exhibit (Attachment 11), subject to the findings contained in the Ordinance; and
4. Adopt a Resolution (Attachment 12) approving a Tentative Subdivision Map with associated exhibits Attachments 13 and 14), subject to the findings contained in the Resolution; and
5. Introduce and waive first reading of an Ordinance (Attachment 15) adopting the Development Agreement (Attachment 16) for The Preserve Project, subject to the findings contained in the Ordinance.
ATTACHMENT(S)
1. Resolution CEQA
2. Exhibit A to the Resolution - CEQA Findings
3. Exhibit B to the Resolution - MMRP
4. Draft EIR w. Appendices
5. The Preserve Final EIR
6. Resolution General Plan
7. Exhibit A to the Resolution - General Plan Land Use Map
8. Exhibit B to the Resolution - Circulation Element Figure
9. Exhibit C to the Resolution - Safety Element
10. Ordinance Rezone
11. Exhibit A to the Ordinance - Rezone Exhibit
12. Resolution Tentative Subdivision Map
13. Exhibit A to the Resolution - Project Plans
14. Exhibit B to the Resolution - COA
15. DA Ordinance
16. Exhibit A to the Ordinance - DA and Exhibits
ITEM 11.1. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 3
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
STATE OF CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT
AND ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING
CONSIDERATION AND MITIGATION MEASURES AND A MITIGATION
MONITORING AND REPORTING PROGRAM UNDER CEQA FOR THE PRESERVE PROJECT APPROVALS DD9835
WHEREAS, The Preserve (“Project”) includes subdivision of 279.3 acres to develop 440 single-family residences and associated parks, open space areas, and infrastructure to support the community. Of the 279.3 acres within the project site, 185.3 acres of currently undeveloped land on the northern parcels would remain as open space following development of the Project. A total of 8.65 acres are planned for two park areas located at the northern end of the development area, and an additional 9.77 acres of land would be designated Community Space. Finally, 0.45-acre of the project site would be designated green infrastructure which would include enhanced landscaped areas and trails with connection to the surrounding parks. Off-site improvements could be required, such as utility connection or road development to the east of the site boundary, as well as along Raymer Way up to the intersection with Grant Line Road. Other off-site improvements could include expansion of the roadway or modifications to Morrison Creek; and
WHEREAS, the environmental review of The Preserve Project commenced with the release of the Notice of Preparation on October 25, 2019 to public agencies and interested parties for consultation on the scope of the EIR; and WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was released for a 45-day public and agency review on November 9, 2021. The Draft EIR assesses the potential environmental effects of implementation of the Project, identifies means to eliminate or reduce potential adverse impacts, and evaluates a reasonable range of alternatives to the Project; and
WHEREAS, the City received eight comments on the Draft EIR during the public review period. Responses to each individual comment letter were prepared, and are available in Chapter 2, Responses to Comments, of the Final EIR. The Final EIR comprises the Draft EIR together with one additional volume that includes the comments on the Draft EIR submitted by interested public agencies, organizations, and members of the public; written responses to the environmental issues raised in those comments; revisions to the text of the Draft EIR reflecting changes made in response to comments and other information; and other minor changes to the text of the Draft EIR.
No new information was received that would required recirculation of the Draft EIR under CEQA Guidelines section 15088.5. The Final EIR is hereby incorporated in this document by reference; and
ITEM 11.1. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 3
WHEREAS, on April 4, 2022, the City Council held a public hearing on the Final EIR and Project approvals; and
WHEREAS, the Final EIR identified several potentially significant impacts that will be reduced to a less than significant level with specific mitigation measures.
Approval of the Project will therefore require adoption of mitigation findings and a Mitigation Monitoring and Reporting Program; and
WHEREAS, the Final EIR, and the City Council April 4, 2022 staff report, regarding the Draft EIR and Final EIR, including the analysis of the public comments, reflect the City’s independent judgement and analysis; and WHEREAS, the location and custodian of the Draft EIR and Final EIR and other documents that constitute the record of proceedings for the Project is the City of Rancho Cordova Planning Department, 2729 Prospect Park Drive, Rancho Cordova, CA 95670. The Draft EIR and Final EIR and documents relating to the Project are available for review in the City Planning Department.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL FO THE CITY OF RANCHO CORDVOA, does hereby resolve as follows:
1. The foregoing recitals are true and correct and made a part of this resolution.
2. The City Council has reviewed and considered the Draft EIR and Final EIR (collectively, “Final EIR”) as well as the public comments and staff’s analysis of the comments.
3. Based on its review of the foregoing documents, the City Council makes and adopts the following findings relating to the CEQA review for the Project prior to approving the Project:
A. The Final EIR has been completed in compliance with CEQA and the CEQA Guidelines.
B. The City Council has independently reviewed and considered the information contained in Final EIR, prior to making its decision on the proposed Project.
C. The Final EIR reflects the City Council’s independent judgment and analysis on the potential environmental impacts of the proposed Project. The Final EIR provides information to the decision makers and the public on the environmental consequences of the proposed Project.
D. The Final EIR adequately describes the proposed Project, its significant environmental impacts, mitigation measures, and a reasonable range of alternatives to the proposed Project.
4. The City Council hereby adopts all findings required under CEQA regarding environmental impacts of the Project, mitigation measures and alternatives, adopts a Statement of Overriding Considerations, and adopts a Mitigation Monitoring and Reporting Program (Exhibit B) set forth in the CEQA Findings of Fact and Statement of Overriding Considerations attached hereto as (Exhibit A); and incorporated herein by reference, all in compliance with the requirements of CEQA.
ITEM 11.1. ATTACHMENT 1
Resolution No. XX-2022 Page 3 of 3
Effective Date: This Resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 4th day of April, 2022 by following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR
THE PRESERVE PROJECT
REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE, SECTION 21000 ET SEQ)
The California Environmental Quality Act (CEQA) requires the City of Rancho Cordova (City), as the CEQA lead agency to: 1) make written findings when it approves a project for which an environmental impact report (EIR) was certified, and 2) identify overriding considerations for significant and unavoidable impacts identified in the EIR.
These findings explain how the City, as the lead agency, approached the significant and potentially significant impacts identified in the EIR prepared for The Preserve Project (Project). The statement of overriding considerations identifies economic, social, technological, and other benefits of the Project that override any significant environmental impacts that would result from the Project.
As required under CEQA, the Final EIR describes the Project, adverse environmental impacts of the Project, and mitigation measures and alternatives that would substantially reduce or avoid those impacts. The information and conclusions contained in the EIR reflect the City’s independent judgment regarding the potential adverse environmental impacts of the Project.
The Final EIR (which includes the Draft EIR, comments on the Draft EIR, responses to comments on the Draft EIR, and revisions to the Draft EIR) for the Project, examined alternatives to the Project that were not chosen as part of the approved Project (Part C. of this document). References to the Draft EIR in this document refer to the Draft EIR, as modified by the Final EIR.
The Findings of Fact and Statement of Overriding Considerations set forth below (“Findings”) are presented for adoption by the City Council (Council) as the City’s findings under CEQA (Public Resources Code, §21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq.) relating to the Project. The Findings provide the written analysis and conclusions regarding the Project’s environmental impacts, mitigation measures, alternatives to the Project, and the overriding considerations, which in this Council’s view, justify approval of the Project, despite its environmental effects.
CERTIFICATION OF THE FINAL EIR
The City Council of the City of Rancho Cordova (the “City Council”) certifies that it has been presented with the Final EIR and that it has reviewed and considered the information contained in the Final EIR prior to making the following findings.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Pursuant to CEQA Guidelines Section 15090 (Title 14 of the California Code of Regulations, Section 15090) the City Council certifies that the Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council certifies the Final EIR for the Project as described above.
The City Council further certifies that the Final EIR reflects its independent judgment and analysis.
FINDINGS
Having received, reviewed, and considered the Final EIR and other information in the record of proceedings, the City Council hereby adopts the following findings in compliance with CEQA and the CEQA Guidelines:
Part A: Findings regarding the environmental review process and the contents of the Final EIR.
Part B: Findings regarding the significant environmental impacts of the Project and the mitigation measures for those impacts identified in the Final EIR and adopted as conditions of approval.
Part C: Findings regarding the reasonableness of the range of alternatives evaluated in the Final EIR.
Part D: Statement of Overriding Considerations.
The City Council certifies that these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed in the Final EIR. The City Council adopts the findings and the statements in Parts A, B, C, and D for the Project.
In addition to the findings regarding environmental impacts and mitigation measures, Part E, below, identifies the custodian and location of the record of proceedings, as required by CEQA.
Part F describes the Mitigation Monitoring and Reporting Program for the Project.
As described in Part F, the City Council hereby adopts the Mitigation Monitoring and Reporting Program as set forth in Exhibit A to these findings.
Part A. Environmental Review Process
Notice of Preparation and Scoping Meeting
On October 25, 2019, the City issued a Notice of Preparation announcing the intended preparation of the Draft EIR and describing its proposed scope. The Notice of Preparation had a 30-day review period until November 25, 2019. The City held a public scoping meeting for the Draft EIR on November 13, 2019, in Rancho Cordova City Hall, for the purpose of informing the public and receiving comments on the scope of the
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
environmental analysis to be prepared for the Project. No comments from the public were received at the scoping meeting.
The City received eight comment letters during the comment period on the Notice of Preparation, from State, regional, and local agencies and organizations.
Preparation of the EIR
The City completed the Draft EIR for the Project and, beginning on November 9, 2021, the City made the Draft EIR available for review and comment. A notice of availability was published and the period for receipt of comments on the Draft EIR remained open for 45 days. Copies of the Draft EIR document were made for review on the CEQA website at https://ceqanet.opr.ca.gov/2019100515/3, and at the City’s website at https://www.cityofranchocorodova.org/departments/communitydevelopment/planning/ planning-division-document-library. During the comment period, the City received eight comment letters, from a State agencies, groups, and a local resident.
The Final EIR was completed and available to commenting public agencies on or before April 1, 2022.
The Final EIR contains all of the comments received during the public comment period, together with written responses to significant environmental issues raised in those comments, which were prepared in accordance with CEQA and the CEQA Guidelines.
The City Council finds and determines that the Final EIR provides adequate, good faith, and reasoned responses to all comments raising significant environmental issues.
Absence of Significant New Information
CEQA Guidelines Section 15088.5 requires that a lead agency recirculate an EIR for further review and comment when significant new information is added to the EIR after public notice is given of the availability of a Draft EIR, but before certification of the Final EIR. New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project proponent declines to implement. Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. The Guidelines provide examples of significant new information under this standard, which include the following:
1. A new significant environmental impact that would result from the Project (or any alternative) or from a new mitigation measure proposed to be implemented.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance.
3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the Project (or an alternative), but the Project's proponents decline to adopt it.
4. The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.
Having reviewed all the information in the record, the City Council finds that no significant new information has been added to the Final EIR since public notice was given of the availability of the Draft EIR. No new or substantial changes to the Draft EIR were proposed as a result of the public comment process. The Final EIR responds to comments and makes only minor technical changes, clarifications or additions to the Draft EIR. The minor changes, clarifications, or additions to the Draft EIR do not identify any new significant impacts or substantial increase in the severity of any environmental impacts, and do not include any new mitigation measures that would have a potentially significant impact. Therefore, the City Council finds that recirculation of the EIR is not required.
Differences of Opinion Regarding the Impacts of the Project In making its determination to certify the Final EIR and to approve the Project, the City Council recognizes that a range of technical and scientific opinion exists with respect to certain environmental issues. The City Council acknowledges that it has acquired an understanding of the range of this technical and scientific opinion by its review of the Draft EIR, the comments received on the Draft EIR and the responses to those comments in the Final EIR, as well as testimony, letters, and reports regarding the Final EIR and its own experience and expertise in these environmental issues. The City Council acknowledges that it has reviewed and considered, as a whole, the evidence and analysis presented in the Draft EIR, the evidence and analysis presented in the comments on the Draft EIR, the evidence and analysis presented in the Final EIR, the information submitted on the Final EIR, and the reports prepared by the experts who prepared the EIR, by the City’s consultants, and by staff, addressing those comments. The City Council acknowledges that it has gained a comprehensive and well-rounded understanding of the environmental issues presented by the Project. The City Council acknowledges that in turn, this understanding has enabled the City Council to make its decisions after weighing and considering the various viewpoints on these important issues. The City Council accordingly certifies that its findings are based on full appraisal of all of the evidence contained in the Final EIR, as well as the evidence and other information in the record addressing the Final EIR.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Part B. Impacts and Mitigation Measures
The City Council acknowledges that these findings provide the written analysis and conclusions of the City Council regarding the environmental impacts of the Project and the mitigation measures identified by the Final EIR and adopted by the City Council as conditions of approval for the Project.
1. Significant or Potentially Significant Impacts Mitigated to a Less-ThanSignificant Level.
The following significant and potentially significant environmental impacts of the Project, including cumulative impacts, are being mitigated to a less-than-significant level and are set out below. Pursuant to Section 21081(a)(1) of CEQA and Section 15091(a)(1) of the CEQA Guidelines, as to each such impact, the City Council, based on the evidence in the record before it, finds that changes or alterations incorporated into the Project by means of conditions or otherwise, mitigate, avoid or substantially lessen these significant or potentially significant environmental impacts of the Project to a less-than-significant level. The basis for the finding for each identified impact is set forth below.
Air Quality, Greenhouse Gas Emissions, and Energy
Impact 4.1-3 Would the Project expose sensitive receptors to substantial pollutant concentrations?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.1-3 Prior to the initiation of any ground-disturbing activities, the project applicant shall ensure that all heavy-duty off-road diesel-powered equipment to be used during the grading phase of construction of the proposed project (including owned, leased, and subcontractor equipment) shall be CARB Tier 4 or cleaner.
In addition, all off-road equipment working at the construction site must be maintained in proper working condition according to manufacturer’s specifications. Idling shall be limited to five minutes or less in accordance with the In-Use Off-Road Diesel Vehicle Regulation as required by CARB. Portable equipment over 50 horsepower must have either a valid SMAQMD Permit to Operate (PTO) or a valid statewide Portable Equipment Registration Program (PERP) placard and sticker issued by CARB.
The aforementioned requirements shall be noted on improvement plans and submitted for review and approval by the City of Rancho Cordova Community Development Department.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Finding: Implementation of Mitigation Measure 4.1-3 would reduce impacts related to exposure of nearby sensitive receptors to an increased concentration of diesel particulate matter to a less-than-significant level.
Impact 4.1-7 Would the Project lead to generation of greenhouse gas (GHG) emissions that may have a significant impact on the environment or conflict with an applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs? Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.1-7 To achieve Tier 1, BMP 1, the project applicant shall commit to one of the following options:
A. All structures proposed as part of the project shall be construction without natural gas infrastructure; or
B. Off-site credits shall be purchased in order to reduce annual greenhouse gas (GHG) emissions by 571.93 MTCO2e per
year. Credit purchases shall adhere to all of the following:
1. Off-site credits shall be real, quantifiable, permanent, verifiable, enforceable, and additional, consistent with the standards set forth in California Health and Safety Code Section 38562, subdivisions (d)(1) and (d)(2).
Such credits shall be based on protocols that are
consistent with the criteria set forth in subdivision (a) of Section 95972 of Title 17 of the California Code of
Regulations. Such credits must be purchased through
one of the following:
(i) A California Air Resources Board (CARB)-
approved registry, such as the Climate Action
Reserve, the American Carbon Registry, and
the Verified Carbon Standard;
(ii) Any registry approved by CARB to act as a
registry under the California Cap and Trade
program; or
(iii) Through the California Air Pollution Control
Officers Association (CAPCOA) GHG Rx and
the Sacramento Metropolitan Air Quality
Management District (SMAQMD);
(iv)In the event that no credits meeting these
criteria are available within California, the
applicant may purchase credits elsewhere so
long as: (a) the Governor or the Governor’s
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
designee has made the findings set forth in
Government Code Section 12894; (b) and these
findings have been submitted to the Legislature;
and (c) California has accepted the credits as
meeting the linkage standards contained in
Government Code Section 12894 or its
successor statute.
2. The applicant must show that the emission reductions from identified projects are real, permanent through the duration of the project (if it is a one-time purchase), enforceable, and are equal to the pollutant type and
amount of the project impact being offset. In addition, any off-site purchase shall be subject to review and
approval by the City of Rancho Cordova Community
Development Department.
Should the applicant select Option B, it is noted that the provisions of Mitigation Measure 4.1-9 still apply in full.
Proof of compliance shall be submitted for review and approval by the City of Rancho Cordova Community Development Department prior to approval of final improvement plans.
4.1-8 To achieve Tier 2, BMP 2, all single-family residences included as part of the proposed project shall include EV ready infrastructure.
Proof of compliance shall be submitted for review and approval by the City of Rancho Cordova Community Development Department prior to approval of final improvement plans.
4.1-9 To achieve Tier 2, BMP 3, off-site credits shall be purchased in order to reduce annual greenhouse gas (GHG) emissions by 617.30 MTCO2e per year. Credit purchases shall adhere to all of the following:
1. Off-site credits shall be real, quantifiable, permanent, verifiable, enforceable, and additional, consistent with the standards set forth in California Health and Safety Code Section 38562, subdivisions (d)(1) and (d)(2). Such credits shall be based on protocols that are consistent with the criteria set forth in subdivision (a) of Section 95972 of Title 17 of the California Code of Regulations. Such credits must be
purchased through one of the following:
(i) A California Air Resources Board (CARB)-approved
registry, such as the Climate Action Reserve, the
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
American Carbon Registry, and the Verified Carbon
Standard;
(ii) Any registry approved by CARB to act as a registry under the California Cap and Trade program; or
(iii) Through the California Air Pollution Control Officers Association (CAPCOA) GHG Rx and the Sacramento
Metropolitan Air Quality Management District
(SMAQMD);
(iv)In the event that no credits meeting these criteria are available within California, the applicant may purchase credits elsewhere so long as: (a) the Governor or the
Governor’s designee has made the findings set forth in
Government Code Section 12894; (b) and these
findings have been submitted to the Legislature; and
(c) California has accepted the credits as meeting the
linkage standards contained in Government Code
Section 12894 or its successor statute.
2. The applicant must show that the emission reductions from identified projects are real, permanent through the duration of the project (if it is a one-time purchase), enforceable, and are equal to the pollutant type and amount of the project impact being offset. In addition, any off-site purchase shall be subject to review and approval by the City of Rancho Cordova
Community Development Department.
Finding: Implementation of Mitigation Measures 4.1-7, 4.1-8, and 4.1-9 would reduce operational GHG emissions to the level that the project’s incremental contribution to this significant cumulative impact is less than cumulatively considerable.
Biological Resources
Impact 4.2-1 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on special-status plant species? Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.2-1(a) Prior to initiation of ground-disturbing activities within the Raymer Way Offsite, the project applicant shall comply with SSHCP AMM Plant-1 (Rare Plant Surveys). Though stinkbells is not considered an SSHCP Covered Species, the special-status plant surveys conducted per PLANT-1 shall identify whether the species is present in the survey area. If any special-status plant species are found to be present during the focused survey(s), Mitigation Measure 4.2-1(b) shall be implemented. If special-status plant species are not found to
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
be present during the focused survey(s), then no further action is required. A written summary of the survey results shall be submitted to the City of Rancho Cordova Community Development
Department.
PLANT-1 (Rare Plant Surveys): If a Covered Activity project site contains modeled habitat for Ahart’s dwarf rush (Juncus leiospermus var. ahartii), Bogg’s Lake hedge-hyssop (Gratiola heterosepala), dwarf downingia (Downingia pusilla),
Legenere (Legenere limosa), pincushion navarretia
(Navarretia myersii), or Sanford’s arrowhead (Sagittaria sanfordii), the Covered Activity project site will be surveyed for the rare plant by an approved biologist and following the California Department of Fish and Wildlife (CDFW) rare plant survey protocols (CDFG 2009) or the most recent CDFW rare plant survey protocols. An approved biologist will conduct the field surveys and will identify and map plant species
occurrences according to the protocols. See Chapter 10 (of the SSHCP) for the process to submit survey information to the Plan Permittee and the Permitting Agencies.
4.2-1(b) If any SSHCP-covered plants are determined to be present within the Raymer Way Offsite, SSHCP PLANT-2 (Rare Plant Protection) shall be implemented. If any special-status plant species are determined to be present, a mitigation plan shall be prepared for review and approval by the City of Rancho Cordova; mitigation may include harvesting and transplanting of impacted bulbs into a preserved area with suitable habitat. Avoided areas containing species shall be fenced with orange construction fencing. PLANT-2 (Rare Plant Protection): If a rare plant listed in AMM PLANT-1 is detected within an area proposed to be
disturbed by a Covered Activity or is detected within 250 feet of the area proposed to be disturbed by a Covered Activity, the Implementing Entity will assure one unprotected
occurrence of the species is protected within a SSHCP
Preserve before any ground disturbance occurs at the project site.
Finding: Implementation of Mitigation Measures 4.2-1(a) and (b) would reduce impacts on special-status plant species to a less-than-significant level.
Impact 4.2-2 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on special-status invertebrates?
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.2-2(a) Prior to initiation of ground-disturbing activities, the project applicant shall submit a South Sacramento Habitat Conservation Plan (SSHCP) permit application package to the City of Rancho Cordova to request that the incidental take coverage provided by City’s SSHCP Incidental Take Permit (ITP) be extended to the proposed activities. The City of Rancho Cordova shall review the SSHCP permit application for consistency with all of the SSHCP requirements and provide the South Sacramento Conservation Agency with a copy of the SSHCP requirements for tracking purposes. The project applicant shall be responsible for paying all SSHCP development fees associated with obtaining coverage from the City of Rancho Cordova. Any proposal to provide land in fee title, or provide a conservation easement in lieu of paying all or part of the required SSHCP development fees, shall include a consistency analysis in the application that sufficiently shows that the proposal is consistent with the SSHCP Conservation Strategy.
4.2-2(b) The project applicant shall comply with SSHCP requirements and all relevant AMMs set forth in the SSHCP Permit obtained for the proposed project.
4.2-2(c) Prior to approval of grading and improvement plans and prior to initiation of any groundbreaking activity associated with the proposed project, or timed as required by the applicable permits if the proposed project is constructed in phases, the project applicant shall ensure that mitigation for impacts to aquatic features and other habitat for special-status species has been implemented through the SSHCP In-Lieu Fee Program or by other methods agreeable to the USACE, RWQCB, USFWS, CDFW, City, and South Sacramento
Conservation Agency as appropriate, depending on agency jurisdiction.
Finding: Implementation of Mitigation Measures 4.2-2(a), (b), and (c) would reduce impacts on special-status invertebrates to a less-than-significant level.
Impact 4.2-3 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on special-status amphibian species?
Mitigation Measures: The following mitigation measures have been adopted to address this impact:
Western Spadefoot
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
4.2-3(a) The project applicant shall comply with SSHCP AMMs WS-1 through WS-6.
WS-1 (Western Spadefoot Work Window): Grounddisturbing Covered Activities within western spadefoot modeled habitat (Figure 3-17 [of the SSHCP]) will occur outside the breeding and dispersal season (after May 15 and before October 15), to the maximum extent practicable.
WS-2 (Western Spadefoot Exclusion Fencing): If Covered Activities must be implemented in modeled habitat (Figure 3- 17) after October 15 and before May 15, exclusion fencing will be installed around the project footprint before October 15, and the project site must be monitored by an approved
biologist following rain events. Temporary high- visibility construction fencing will be installed along the edge of work areas, and silt fencing will be installed immediately behind the temporary high-visibility construction fencing to exclude western spadefoot from entering the construction area.
Fencing will remain in place until all construction activities within the construction area are completed. No project
activities will occur outside the delineated project footprint. If a western spadefoot is encountered, refer to WS-6, below. WS-3 (Western Spadefoot Monitoring): If Covered
Activities must be implemented in modeled habitat (Figure 3- 17 [of the SSHCP]) in the breeding and dispersal season (after October 15 and before May 15), an approved biologist experienced with western spadefoot identification and
behavior will monitor the project site, including the integrity of any exclusion fencing. The approved biologist will be on site daily while construction- related activities are taking place, and will inspect the project site daily for western spadefoot prior to construction activities. The approved biologist will also train construction personnel on the required avoidance
procedures, exclusion fencing, and protocols in the event that a western spadefoot enters an active construction zone (i.e., outside the buffer zone). If a western spadefoot is
encountered, refer to WS-6, below.
WS-4 (Avoid Western Spadefoot Entrapment): If a
Covered Activity occurs in western spadefoot modeled habitat (Figure 3-17 [of the SSHCP]), all excavated steep-walled holes and trenches more than 6 inches deep will be covered with plywood (or similar material) or provided with one or more escape ramps constructed of earth fill or wooden planks at the
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
end of each work day or 30 minutes prior to sunset, whichever occurs first. All steep-walled holes and trenches will be inspected by the approved biologist each morning to ensure that no wildlife has become entrapped. All construction pipes, culverts, similar structures, construction equipment, and construction debris left overnight within western spadefoot modeled habitat will be inspected for western spadefoot by the approved biologist prior to being moved. If a western spadefoot is encountered, refer to WS-6 below.
WS-5 (Erosion Control Materials in Western Spadefoot
Habitat): If erosion control (BMP-2) is implemented within western spadefoot modeled habitat (Figure 3-17 [of the
SSHCP]), non-entangling erosion control material will be used to reduce the potential for entrapment. Tightly woven fiber netting (mesh size less than 0.25 inch) or similar material will be used to ensure that western spadefoots are not trapped (no monofilament). Coconut coir matting and fiber rolls containing burlap are examples of acceptable erosion control materials.
WS-6 (Western Spadefoot Encounter Protocol): If Covered Activities must be implemented in modeled habitat (Figure 3- 17) during the breeding and dispersal season (after October 15 and before May 15), and a western spadefoot is
encountered during construction activities, the approved biologist will notify the Wildlife Agencies immediately.
Construction activities will be suspended in a 100-foot radius of the animal until the animal leaves the project site on its own volition. If necessary, the approved biologist will notify the Wildlife Agencies to determine the appropriate procedures related to relocation. If the animal is handled, a report will be submitted, including date(s), location(s), habitat description, and any corrective measures taken to protect the western spadefoot within 1 business day to the Wildlife Agencies. The biologist will report any take of listed species to the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife immediately. Any worker who inadvertently injures or kills a western spadefoot or who finds dead, injured, or entrapped western spadefoot(s) must immediately report the incident to the approved biologist.
Western Pond Turtle
4.2-3(b) Prior to initiation of ground-disturbing activities, pre-construction surveys shall be conducted per SSHCP AMM WPT-1. If western
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
pond turtles are detected, WPT-2 through WPT-9 shall be implemented.
WPT-1 (Western Pond Turtle Surveys): If the SSHCP
western pond turtle modeled habitat maps (Figure 3-19 [of the SSHCP]) show that modeled habitat for western pond turtle is present within a Covered Activity’s project footprint or within 300 feet of a project footprint, then an approved biologist will conduct a field investigation to delineate western pond turtle aquatic habitat within the project footprint and within 300 feet of the project footprint. In addition to the SSHCP land cover types shown in Figure 3-19 (of the SSHCP), western pond turtle aquatic habitat includes, but is not limited to, lowgradient streams and creeks, open water, freshwater marsh, and rice fields. Adjacent parcels under different land
ownership will be surveyed only if access is granted or if the parcels are visible from authorized areas. The Third-Party Project Proponent will map all existing or potential sites and provide those maps to the Local Land Use Permittees and the Implementing Entity. Locations of delineated western pond turtle habitat must also be noted on plans that are submitted to a Local Land Use Permittee. The applicant will use this information to finalize project design. Covered Activities may occur throughout the year as long as western pond turtle habitat is identified and fully avoided. Otherwise, Covered Activities must comply with WPT-2 through WPT-9. See
Chapter 10 (of the SSHCP) for the process to conduct and submit survey information.
WPT-2 (Western Pond Turtle Work Window): Maintenance
and improvements to existing structures may occur
throughout the year as long as western pond turtle habitat is identified and avoided, and movement of equipment is
confined to existing roads. Otherwise, construction and ground-disturbing Covered Activities must be conducted
outside of western pond turtle’s active season. Construction and ground-disturbing activities will be initiated after May 1 and will commence prior to September 15. If it appears that construction activities may go beyond September 15, the appropriate Plan Permittee will contact the Local Land Use Permittee and the Implementing Entity as soon as possible, but not later than September 1, to determine if additional measures are necessary to minimize take.
WPT-3 (Western Pond Turtle Monitoring): If a Covered
Activity is occurring in western pond turtle modeled habitat
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
(Figure 3-19 [of the SSHCP]), an approved biologist
experienced with western pond turtle identification and behavior will monitor the project site, including the integrity of any exclusion fencing. The approved biologist will be on site daily while construction-related activities are taking place in aquatic habitat or within 300 feet of aquatic habitat, and will inspect the project site daily for western pond turtle prior to construction activities. The approved biologist will also training construction personnel on the required avoidance procedures, exclusion fencing, and protocols in the event that a western pond turtle enters an active construction zone (i.e., outside the buffer zone).
WPT-4 (Western Pond Turtle Habitat Dewatering and
Exclusion): If construction activities will occur in western pond turtle aquatic habitat, aquatic habitat for the turtle will be dewatered and then remain dry and absent of aquatic prey (e.g., crustaceans and other aquatic invertebrates) for 15 days prior to the initiation of construction activities. If complete dewatering is not possible, the Implementing Entity will be contacted to determine what additional measures may be
necessary to minimize effects to western pond turtle. After aquatic habitat has been dewatered 15 days prior to
construction activities, exclusion fencing will be installed extending a minimum of 300 feet into adjacent uplands to isolate both the aquatic and adjacent upland habitat.
Exclusionary fencing will be erected 36 inches above ground and buried at least 6 inches below the ground to prevent turtles from attempting to burrow or move under the fence into the construction area. In addition, high-visibility fencing will be erected to identify construction limits and to protect adjacent habitat from encroachment of personnel and equipment.
Western pond turtle habitat outside construction fencing will be avoided by all construction personnel. The fencing and work area will be inspected by the approved biologist to ensure that the fencing is intact and that no turtles have entered the work area before the start of each work day.
Fencing will be maintained by the contractor until completion of the project. If, after exclusion fencing and dewatering, western pond turtles are found within the project footprint or within 300 feet of the project footprint, the Third-Party Project Proponent will discuss the next best steps with the
Implementing Entity and Wildlife Agencies.
WPT-5 (Avoid Western Pond Turtle Entrapment): If a
Covered Activity occurs within western pond turtle modeled
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
habitat (Figure 3-19 [of the SSHCP]), all excavated steepwalled holes and trenches more than 6 inches deep will be covered with plywood (or similar material) or provided with one or more escape ramps constructed of earth fill or wooden planks at the end of each work day or 30 minutes prior to sunset, whichever occurs first. All steep-walled holes and trenches will be inspected by the approved biologist each morning to ensure that no wildlife has become entrapped. All construction pipes, culverts, similar structures, construction equipment, and construction debris left overnight within western pond turtle modeled habitat will be inspected for western pond turtle by the approved biologist prior to being moved.
WPT-6 (Erosion Control Materials in Western Pond Turtle Habitat): If erosion control (BMP-2) is implemented within western pond turtle modeled habitat (Figure 3-19 [of the SSHCP]), non-entangling erosion control material will be used to reduce the potential for entrapment. Tightly woven fiber netting (mesh size less than 0.25 inch) or similar material will be used to ensure that turtles are not trapped (no
monofilament). Coconut coir matting and fiber rolls containing burlap are examples of acceptable erosion control materials. WPT-7 (Western Pond Turtle Modeled Habitat Speed
Limit): Covered Activity construction and maintenance
vehicles will observe a 20-mile-per-hour speed limit within western pond turtle modeled upland habitat (Figure 3-19 [of the SSHCP]).
WPT-8 (Western Pond Turtle Encounter Protocol): If a
western pond turtle is encountered during construction
activities, the approved biologist will notify the Wildlife Agencies immediately. Construction activities will be
suspended in a 100-foot radius of the animal until the animal leaves the project site on its own volition. If necessary, the approved biologist will notify the Wildlife Agencies to determine the appropriate procedures related to relocation. If the animal is handled, a report will be submitted, including date(s), location(s), habitat description, and any corrective measures taken to protect the turtle, within 1 business day to the Wildlife Agencies. The biologist will report any take of listed species to the U.S. Fish and Wildlife Service
immediately. Any worker who inadvertently injures or kills a western pond turtle or who finds one dead, injured, or
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
entrapped must immediately report the incident to the
approved biologist.
WPT-9 (Western Pond Turtle Post-Construction
Restoration): After completion of ground- disturbing Covered Activities, the applicant will remove any temporary fill and construction debris and will restore temporarily disturbed areas to pre-project conditions. Restoration work includes such activities as re-vegetating the banks and active channels with a seed mix similar to pre-project conditions. Appropriate methods and plant species used to re-vegetate such areas will be determined on a site-specific basis in consultation with the Implementing Entity. Restoration work may include
replanting emergent aquatic vegetation and placing
appropriate artificial or natural basking areas in waterways and wetlands. A photo documentation report showing preand post-project conditions will be submitted to the Implementing Entity 1 month after implementation of the restoration.
Finding: Implementation of Mitigation Measures 4.2-3(a) and (b) would reduce impacts on special-status amphibian species to a less-than-significant level.
Impact 4.2-4 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on burrowing owl?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.2-4 Prior to initiation of ground-disturbing activities, the project applicant shall comply with SSHCP AMMs WBO-2 through WBO-7. If western burrowing owl is found within the survey area, WBO-3 through 7 shall be implemented as required based on the results of surveys conducted per WBO-2.
WBO-1 (Western Burrowing Owl Surveys): Surveys within modeled habitat are required for both the breeding and nonbreeding season. If the project site falls within modeled habitat, an approved biologist will survey the project site and map all burrows, noting any burrows that may be occupied.
Occupied burrows are often (but not always) indicated by tracks, feathers, egg shell fragments, pellets, prey remains, and/or excrement. Surveying and mapping will be conducted by the approved biologist while walking transects throughout the entire project site plus all accessible areas within a 250- foot radius from the project site. The centerline of these
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
transects will be no more than 50 feet apart and will vary in width to account for changes in terrain and vegetation that can preclude complete visual coverage of the area. For example, in hilly terrain with patches of tall grass, transects will be closer together, and in open areas with little vegetation, they can be 50 feet apart. This methodology is consistent with current survey protocols for this species (California Burrowing Owl Consortium 1993). Adjacent parcels under different land ownership will be surveyed only if access is granted or if the parcels are visible from authorized areas. If suitable habitat is identified during the initial survey, and if the project does not fully avoid the habitat, pre-construction surveys will be required. Burrowing owl habitat is fully avoided if projectrelated activities do not impinge on a 250- foot buffer established by the approved biologist around suitable
burrows. See Chapter 10 (of the SSHCP) for the process to conduct and submit survey information.
WBO-2 (Western Burrowing Owl Pre-Construction
Surveys): Prior to any Covered Activity ground disturbance, an approved biologist will conduct pre-construction surveys in all areas that were identified as suitable habitat during the initial surveys. The purpose of the pre-construction surveys is to document the presence or absence of burrowing owls on the project site, particularly in areas within 250 feet of construction activities. To maximize the likelihood of detecting owls, the pre-construction survey will last a minimum of 3 hours. The survey will begin 1 hour before sunrise and
continue until 2 hours after sunrise (3 hours total), or begin 2 hours before sunset and continue until 1 hour after sunset.
Additional time may be required for large project sites. A minimum of two pre-construction surveys will be conducted (if owls are detected on the first survey, a second survey is not needed). All owls observed will be counted and their location will be mapped. Surveys will conclude no more than 2
calendar days prior to construction. Therefore, the Third-Party Project Proponent must begin surveys no more than 4 days prior to construction (2 days of surveying plus up to 2 days between surveys and construction). To avoid last-minute changes in schedule or contracting that may occur if
burrowing owls are found, the Third-Party Project Proponent may also conduct a preliminary survey up to 15 days before construction. This preliminary survey may count as the first of the two required surveys as long as the second survey
concludes no more than 2 calendar days in advance of
construction.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
WBO-3 (Burrowing Owl Avoidance): If western burrowing owl or evidence of western burrowing owl is observed on the project site or within 250 feet of the project site during preconstruction surveys, then the following will occur:
During Breeding Season: If the approved biologist finds evidence of western burrowing owls within a project site during the breeding season (February 1 through August 31), all project-related activities will avoid nest sites during the remainder of the breeding season or while the nest remains occupied by adults or young (nest occupation includes
individuals or family groups foraging on or near the site following fledging). Avoidance is establishment of a minimum 250-foot buffer zone around nests. Construction and other project-related activities may occur outside of the 250-foot buffer zone. Construction and other project-related activities may be allowed inside of the 250-foot non-disturbance buffer during the breeding season if the nest is not disturbed, and the Third-Party Project Proponent develops an avoidance, minimization, and monitoring plan that is approved by the Implementing Entity and Wildlife Agencies prior to project construction based on the following criteria:
o The Implementing Entity and Wildlife Agencies
approve of the avoidance and minimization plan
provided by the project applicant.
o An approved biologist monitors the owls for at least 3 days prior to construction to determine baseline
nesting and foraging behavior (i.e., behavior without
construction).
o The same approved biologist monitors the owls during
construction and finds no change in owl nesting and
foraging behavior in response to construction activities.
If there is any change in owl nesting and foraging behavior as a result of construction activities, the approved biologist will have authority to shut down activities within the 250-foot buffer. Construction cannot resume within the 250-foot buffer until any owls present are no longer affected by nearby construction activities, and with written concurrence from the Wildlife Agencies.
If monitoring by the approved biologist indicates that the nest is abandoned prior to the end of nesting season and the burrow is no longer in use, the non-disturbance buffer zone may be removed if approved by the Wildlife Agencies. The
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
approved biologist will excavate the burrow in accordance with the latest California Department of Fish and Wildlife guidelines for burrowing owl to prevent reoccupation after receiving approval from the Wildlife Agencies.
The Implementing Entity and Wildlife Agencies will respond to a request from the Third-Party Project Proponent to review the proposed construction monitoring plan within 21 days.
During Non-Breeding Season: During the non-breeding
season (September 1 through January 31), the approved
biologist will establish a minimum 250-foot non-disturbance buffer around occupied burrows. Construction activities outside of this 250-foot buffer will be allowed. Construction activities within the non-disturbance buffer will be allowed if the following criteria are met to prevent owls from abandoning over- wintering sites:
o An approved biologist monitors the owls for at least 3 days prior to construction to determine baseline
foraging behavior (i.e., behavior without construction). o The same approved biologist monitors the owls during
construction and finds no change in owl foraging
behavior in response to construction activities.
o If there is any change in owl foraging behavior as a
result of construction activities, the approved biologist will have authority to shut down activities within the
250-foot buffer.
o If the owls are gone for at least 1 week, the Third-Party Project Proponent may request approval from the
Implementing Entity and Wildlife Agencies that an
approved biologist excavate usable burrows and install
one-way exclusionary devices to prevent owls from reoccupying the site. After all usable burrows are excavated, the buffer zone will be removed and
construction may continue.
Monitoring must continue as described above for the nonbreeding season as long as the burrow remains active. WBO-4 (Burrowing Owl Construction Monitoring): During construction of Covered Activities, 250-foot construction buffer zones will be established and maintained around any occupied burrow. An approved biologist will monitor the site to ensure that buffers are enforced and owls are not disturbed.
The approved biologist will also train construction personnel
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
on avoidance procedures, buffer zones, and protocols in the event that a burrowing owl flies into an active construction zone.
WBO-5 (Burrowing Owl Passive Relocation): Passive
relocation is not allowed without the express written approval of the Wildlife Agencies. Passive owl relocation may be allowed on a case-by-case basis on project sites during the non-breeding season (September 1 through January 31) with the written approval of the Wildlife Agencies if the other measures described in this condition preclude work from continuing. Passive relocation must be done in accordance with the latest California Department of Fish and Wildlife guidelines for burrowing owl. Passive relocation will only be proposed if the burrow needing to be removed or with the potential to collapse from construction activities is the result of a Covered Activity. If passive relocation is approved by the Wildlife Agencies, an approved biologist can passively
exclude birds from their burrows during the non-breeding season by installing one-way doors in burrow entrances.
These doors will be in place for 48 hours to ensure that owls have left the burrow, and then the biologist will excavate the burrow to prevent reoccupation. Burrows will be excavated using hand tools only. During excavation, an escape route will be maintained at all times. This may include inserting an artificial structure into the burrow to avoid having materials collapse into the burrow and trap owls inside. Other methods of passive relocation, based on best available science, may be approved by the Wildlife Agencies over the 50-year Permit Term.
WBO-6 (Burrowing Owl Timing of Maintenance
Activities): All activities adjacent to existing or planned Preserves, Preserve Setbacks, or Stream Setback areas will be seasonally timed, when safety permits, to avoid or
minimize adverse effects on occupied burrows.
WBO-7 (Rodent Control): Rodent control will be allowed only in developed portions of a Covered Activity project site within western burrowing owl modeled habitat. Where rodent control is allowed, the method of rodent control will comply with the methods of rodent control discussed in the 4(d) Rule
published in the U.S. Fish and Wildlife Service’s (2004) final listing rule for tiger salamander.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Finding: Implementation of Mitigation Measure 4.2-4 would reduce impacts related to the burrowing owl to a less-than-significant level.
Impact 4.2-5 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on raptors and nesting birds? Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.2-5(a) Prior to initiation of ground-disturbing activities, the project applicant shall comply with SSHCP AMMs RAPTOR-2 through RAPTOR-4.
Raptor surveys conducted per RAPTOR-2 shall include surveying for golden eagle although it is not a SSHCP Covered Species. If raptor species (including golden eagles) are found nesting within the survey area, RAPTOR-3 and RAPTOR-4 shall be implemented as required based on the results of surveys conducted per RAPTOR-2. The following AMMs do not apply to Swainson’s hawk or burrowing owl, as specific AMMs have been developed for such covered raptor species and are included in separate mitigation measures. RAPTOR-2 (Raptor Pre-Construction Surveys): Preconstruction surveys will be required to determine if active nests are present with a project footprint or within 0.25 mile of a project footprint if existing or potential nest sites are found during initial surveys and construction activities will occur during the raptor breeding season. An approved biologist will conduct pre-construction surveys within 30 days and 3 days of ground- disturbing activities within the proposed project footprint and within 0.25 mile of the proposed project footprint to determine presence of nesting covered raptor species. Preconstruction surveys will be conducted during the raptor breeding season. If a nest is present, then RAPTOR-3 and RAPTOR-4 will be implemented. The approved biologist will inform the Land Use Authority Permittee and Implementing Entity of species locations, and they in turn will notify the Wildlife Agencies.
RAPTOR-3 (Raptor Nest/Roost Buffer): If active nests are found within the project footprint or within 0.25 mile of any project-related Covered Activity, the Third-Party Project Proponent will establish a 0.25 mile temporary nest
disturbance buffer around the active nest until the young have fledged.
RAPTOR-4 (Raptor Nest/Roost Buffer Monitoring): If
project-related Covered Activities within the temporary nest
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
disturbance buffer are determined to be necessary during the nesting season, then an approved biologist experienced with raptor behavior will be retained by the Third-Party Project Proponent to monitor the nest throughout the nesting season and to determine when the young have fledged. The approved biologist will be on site daily while construction-related activities are taking place within the disturbance buffer. Work within the temporary nest disturbance buffer can occur with the written permission of the Implementing Entity and Wildlife Agencies. If nesting raptors begin to exhibit agitated behavior, such as defensive flights at intruders, getting up from a brooding position, or flying off the nest, the approved biologist/monitor will have the authority to shut down
construction activities. If agitated behavior is exhibited, the biologist, Third-Party Project Proponent, Implementing Entity, and Wildlife Agencies will meet to determine the best course of action to avoid nest abandonment or take of individuals.
The approved biologist will also train construction personnel on the required avoidance procedures, buffer zones, and protocols in the event that a covered raptor species flies into an active construction zone (i.e., outside the buffer zone).
4.2-5(b) A qualified biologist shall conduct a preconstruction nesting bird survey of all areas associated with construction activities, and a 100- foot buffer around such areas, within 14 days prior to
commencement of construction if construction occurs during the nesting season (February 1 through August 31). If active nests are found for any SSHCP Covered Species, the applicable SSHCP AMM(s) TCB-3 through -5, SWHA-3 through -4, WBO-3 through-6, and RAPTOR-3 through-4 shall be implemented. If active nests are found for any other species, a no-disturbance buffer around the nest shall be established. The buffer distance shall be established by a qualified biologist in consultation with the CDFW. The buffer shall be maintained until the fledglings are capable of flight and become independent of the nest, to be determined by a qualified biologist.
Once the young are independent of the nest, further measures are not necessary.
Finding: Implementation of Mitigation Measures 4.2-5(a) and (b) would reduce impacts on raptors and nesting birds to a less-than-significant level.
Impact 4.2-6 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on Swainson’s hawk?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
4.2-6 Prior to initiation of ground-disturbing activities, the project applicant shall comply with SSHCP AMMs SWHA-2 through SWHA-4. If
Swainson’s hawk nesting is found within the survey area during the pre-construction survey conducted per SWHA-2, then SWHA-3 and SWHA-4 shall be implemented as required based on the results of surveys conducted per SWHA-2.
SWHA-2 (Swainson’s Hawk Pre-Construction Surveys):
Pre-construction surveys will be required to determine if active nests are present within a project footprint or within 0.25 mile of a project footprint if existing or potential nest sites were found during initial surveys and construction activities will occur during the breeding season (March 1 through
September 15). An approved biologist will conduct preconstruction surveys within 30 days and 3 days of grounddisturbing activities to determine presence of nesting Swainson’s hawk. Pre-construction surveys will be conducted during the breeding season (March 1 through September 15).
If a nest is present, then SWHA-3 and SWHA-4 will be
implemented. The approved biologist will inform the Land Use Authority Permittee and Implementing Entity of species
locations, and they in turn will notify the Wildlife Agencies. SWHA-3 (Swainson’s Hawk Nest Buffer): If active nests are found within the project footprint or within 0.25 mile of any project-related Covered Activity, the Third-Party Project Proponent will establish a 0.25-mile disturbance buffer around the active nest until the young have fledged, with concurrence from the Wildlife Agencies.
SWHA-4 (Swainson’s Hawk Nest Buffer Monitoring): If
nesting Swainson’s hawks are present within the project footprint or within 0.25 mile of any project-related Covered Activity, then an approved biologist experienced with
Swainson’s hawk behavior will be retained by the Third-Party Project Proponent to monitor the nest throughout the nesting season and to determine when the young have fledged. The approved biologist will be on site daily while constructionrelated activities are taking place within the buffer. Work within the temporary nest disturbance buffer can occur with the written permission of the Implementing Entity and Wildlife Agencies. If nesting Swainson’s hawks begin to exhibit
agitated behavior, such as defensive flights at intruders, getting up from a brooding position, or flying off the nest, the approved biologist will have the authority to shut down
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
construction activities. If agitated behavior is exhibited, the biologist, Third-Party Project Proponent, Implementing Entity, and Wildlife Agencies will meet to determine the best course of action to avoid nest abandonment or take of individuals.
The approved biologist will also train construction personnel on the required avoidance procedures, buffer zones, and protocols in the event that a Swainson’s hawk flies into an active construction zone (i.e., outside the buffer zone).
Finding: Implementation of Mitigation Measure 4.2-6 would reduce impacts on Swainson’s hawk to a less-than-significant level.
Impact 4.2-7 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on tricolored blackbird? Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.2-7 Prior to initiation of ground-disturbing activities, the project applicant shall comply with SSHCP AMMs TCB-2 through TCB-5. If tricolored blackbirds are found within the survey area during the preconstruction survey conducted per TCB-2, then TCB-3 through TCB5 shall be implemented as required based on the results of surveys conducted per TCB-2.
TCB-2 (Tricolored Blackbird Pre-Construction Surveys):
Pre-construction surveys will be required to determine if active nests are present within a project footprint or within 500 feet of a project footprint if existing or potential nest sites were found during design surveys and construction activities will occur during the breeding season (March 1 through
September 15). An approved biologist will conduct preconstruction surveys within 30 days and within 3 days of ground-disturbing activities, and within the proposed project footprint and 500 feet of the proposed project footprint to determine the presence of nesting tricolored blackbird. Preconstruction surveys will be conducted during the breeding season (March 1 through August 31). Surveys conducted in February (to meet pre-construction survey requirements for work starting in March) must be conducted within 14 days and 3 days in advance of ground-disturbing activities. If a nest is present, then TCB-3 and TCB-4 will be implemented. The
approved biologist will inform the Land Use Authority
Permittee and the Implementing Entity of species locations, and they in turn will notify the Wildlife Agencies.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
TCB-3 (Tricolored Blackbird Nest Buffer): If active nests are found within the project footprint or within 500 feet of any project-related Covered Activity, the Third-Party Project Proponent will establish a 500-foot temporary buffer around the active nest until the young have fledged.
TCB-4 (Tricolored Blackbird Nest Buffer Monitoring): If nesting tricolored blackbirds are present within the project footprint or within 500 feet of any project-related Covered Activity, then an approved biologist experienced with
tricolored blackbird behavior will be retained by the ThirdParty Project Proponent to monitor the nest throughout the nesting season and to determine when the young have
fledged. The approved biologist will be on site daily while construction-related activities are taking place near the disturbance buffer. Work within the nest disturbance buffer will not be permitted. If the approved biologist determines that tricolored blackbirds are exhibiting agitated behavior, construction will cease until the buffer size is increased to a distance necessary to result in no harm or harassment to the nesting tricolored blackbirds. If the biologist determines that the colonies are at risk, a meeting with the Third-Party Project Proponent, Implementing Entity, and Wildlife Agencies will be held to determine the best course of action to avoid nest abandonment or take of individuals. The approved biologist will also train construction personnel on the required
avoidance procedures, buffer zones, and protocols in the event that a tricolored blackbird flies into an active
construction zone (i.e., outside the buffer zone).
TCB-5 (Timing of Pesticide Use and Harvest Timing on
Agricultural Preserves): On SSHCP Agricultural Preserves, pesticides (including herbicides) will not be applied from January 1 through July 15.
Finding: Implementation of Mitigation Measure 4.2-7 would reduce impacts related to tricolored blackbirds to a less-than-significant level.
Impact 4.2-8 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on special-status bats? Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.2-8 Prior to initiation of ground-disturbing activities, the project applicant shall comply with SSHCP AMMs BAT-2 through BAT-4. Winter
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
hibernaculum surveys conducted per BAT-2 shall also include surveying for pallid bat although it is not an SSHCP Covered Species. If winter hibernacula of western red bat or pallid bat are found within the survey area, then BAT-3 through BAT-4 shall be implemented as required based on the results of surveys conducted per BAT-2.
BAT-2 (Winter Hibernaculum Pre-Construction
Surveys): If the Third-Party Project Proponent elects not to avoid potential winter hibernaculum sites within the project footprint plus a 300-foot buffer, additional surveys are required. Prior to any ground disturbance related to Covered Activities, an approved biologist will conduct a preconstruction survey within 3 days of ground-disturbing activities within the project footprint and 300 feet of the project footprint to determine the presence of winter
hibernaculum sites. Pre-construction surveys will be
conducted during the winter hibernaculum season
(November 1 through March 31). If a winter hibernaculum is present, then BAT-3 and BAT-4 will be implemented. The
approved biologist will inform the Land Use Authority
Permittee and Implementing Entity of species locations, and they in turn will notify the Wildlife Agencies.
BAT-3 (Winter Hibernaculum Buffer): If active winter
hibernaculum sites are found within the project footprint or within 300 feet of the project footprint, the Third-Party Project Proponent will establish a 300-foot temporary disturbance buffer around the active winter hibernaculum site until bats have vacated the hibernaculum and the Implementing Entity and Wildlife Agencies concur.
BAT-4 (Bat Eviction Methods): An approved biologist will determine if non-maternity and non-hibernaculum day and night roosts are present on the project site. If necessary, an approved biologist will use safe eviction methods to remove bats if direct impacts to non-maternity and nonhibernaculum day and night roosts cannot be avoided. If a winter hibernaculum site is present, Covered Activities will not occur until the hibernaculum is vacated, or, if necessary, safely evicted using methods acceptable to the Wildlife Agencies.
Finding: Implementation of Mitigation Measures 4.2-8 would reduce impacts on specialstatus bats to a less-than-significant level.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Impact 4.2-9 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on American badger?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.2-9 A qualified biologist shall conduct a preconstruction survey for American badger within 14 days prior to commencement of construction, and results of the survey shall be provided to the City’s Community Development Department. If badgers or dens with signs of recent badger use are detected (i.e., fresh scat, claw marks), CDFW shall be consulted and a non-disturbance buffer shall be established around any active dens. The den(s) shall be monitored daily by the qualified biologist during construction. Work shall not occur within the non-disturbance buffer until the qualified biologist determines that the badger(s) have left the work area, or as determined in consultation with CDFW.
Finding: Implementation of Mitigation Measures 4.2-9 would reduce impacts on American badger to a less-than-significant level.
Impact 4.2-10 Would the Project have a substantial adverse effect on riparian habitat or other sensitive natural community, or State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.2-10(a) Prior to approval of grading and improvement plans and prior to initiation of any groundbreaking activity associated with the proposed project, the project applicant shall ensure that authorization pursuant to Clean Water Act (CWA) Section 404 from the U.S. Army Corps of Engineers (USACE) and CWA Section 401 from the Central Valley Regional Water Quality Control Board (RWQCB) is obtained. CWA Section 404 authorization is anticipated to be obtained through a Letter of Permission issued by USACE under the SSHCP ARP, and CWA Section 401 authorization is anticipated to be obtained through an individual Water Quality Certification issued by the RWQCB under the SSHCP ARP.
The construction contractor shall adhere to all conditions outlined in the permits. The project applicant shall ensure that the proposed project replaces, restores, or enhances on a “no net loss” basis (in accordance with the USACE and the Central Valley RWQCB) the
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
acreage of all wetlands and other waters of the U.S. that would be removed, lost, and/or degraded due to project implementation, either through the SSHCP In-Lieu Fee Program or by other methods agreeable to the USACE, the Central Valley RWQCB, and the City, as appropriate, depending on agency jurisdiction, and as determined during the Section 401 and Section 404 permitting processes.
4.2-10(b) Prior to approval of grading and improvement plans and prior to initiation of any groundbreaking activity associated with the proposed project, the project applicant shall ensure that a CDFW 1602 Streambed Alteration Agreement has been obtained. The
construction contractor shall adhere to all conditions outlined in the Streambed Alteration Agreement.
4.2-10(c) The project applicant shall comply with SSHCP AMM STREAM-2 and a 100-foot setback from Morrison Creek shall be established.
Only allowed compatible uses described in the SSHCP shall be sited within the setback.
STREAM-2 (UDA Stream Setbacks): A 100-foot setback
measured from the top of the bank on both sides of the stream channel will be applied to all streams listed in Table 5-1 (see Table 4.2-1 below) (see also Figure 2-4 [of the SSHCP]). If a stream reach supports woody riparian vegetation, the setback will be equal to the riparian edge plus 25 feet or will be the setback defined above, whichever is greater. If trails are located within the Stream Setback, the nearest edge of the trail will be located at least 50 feet from the top of the bank.
Table 4.2-1
Stream Setback Minimum Requirements in the
Urban Development Area
Stream
Minimum Setback (from the Top of
Bank Measured in Aerial Perspective)
on Both Sides of the Stream
Elder Creek 100 feet
Frye Creek
100 feet or as depicted as part of the NewBridge
development project hardline Preserve (see
SSHCP Appendix K)
Gerber Creek 100 feet
Morrison Creek 100 feet
Central Paseo
100 feet or as depicted as part of the Cordova
Hills development project hardline Preserve
(see SSHCP Appendix K)
Sun Creek
100 feet or as depicted as part of the Sun Creek
development project hardline Preserve (see
SSHCP Appendix K)
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
4.2-10(d) Implement Mitigation Measure 4.2-2(c).
Finding: Implementation of Mitigation Measures 4.2-10(a), (b), (c), and (d) would reduce impacts related to riparian habitats, other sensitive natural communities, or State or federally protected wetlands to a less-than-significant level.
Impact 4.2-12 Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.2-12 Prior to removal of any protected trees (as defined by Chapter 19.12 of the City’s Municipal Code) within the project site and off-site improvement areas, a tree removal permit shall be procured from the City. In addition, tree species that are native to the Central Valley and Sierra Nevada foothills such as interior live oak (Quercus wislizeni), valley oak (Quercus lobata), blue oak (Quercus douglasii), Fremont cottonwood (Populus fremontii), black walnut (Juglans hindsii), and western redbud (Cercis occidentalis) shall be incorporated into the planned landscaping design in public spaces such as open space, parks, and parkways. Enough plantings of such native trees shall be incorporated into the landscaping such that the number of surviving native trees after five years is equal to or greater than the number of non-native trees removed. Landscaping plans detailing the tree species to be planted shall be provided to the City for approval prior to tree removal.
Finding: Implementation of Mitigation Measures 4.2-12 would reduce conflicts with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, to a less-than-significant level.
Impact 4.2-14 Would the Project result in cumulative loss of habitat for specialstatus species? Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.2-14 Implement Mitigation Measures 4.2-1 through 4.2-11.
Finding: Implementation of Mitigation Measures 4.2-14 would reduce impacts related to the cumulative loss of habitat for special-status species to a less-than-cumulatively considerable level.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Cultural and Tribal Resources
Impact 4.3-2 Would the Project cause a substantial adverse change in the significance of a unique archeological resource pursuant to CEQA Guidelines, Section 15064.5 or disturb human remains, including those interred outside of dedicated cemeteries?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.3-2 The following requirements shall be included through a notation on all project improvement plans prior to the issuance of grading permits, to the satisfaction of the City Engineer.
In the event subsurface deposits believed to be cultural or human in origin are discovered during construction, all work shall halt within a 50-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for precontact and historic archaeologist, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find:
If the professional archaeologist determines that the find does not represent a cultural resource, work may resume
immediately, and agency notifications are not required. If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, he or she shall immediately notify the City of Rancho Cordova and applicable landowner. The project
applicant shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined in Section 15064.5(a) of the CEQA Guidelines. Appropriate treatment measures that preserve or restore the character and integrity of a find may be, but are not limited to, processing materials for reburial, minimizing handling of historical objects, leaving objects in place within the landscape, construction monitoring of further construction activities, and/or returning objects to a location within the project area where they will not be subject to future impacts. Work shall not resume within the no-work radius until the applicant, through consultation, as
appropriate, determines that the site either: 1) is not a historical resource under CEQA, as defined in Section
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
15064.5(a) of the CEQA Guidelines; or 2) that the treatment measures have been completed to the City’s satisfaction. If the find includes human remains, or remains that are potentially human, he or she shall ensure reasonable
protection measures are taken to protect the discovery from disturbance (Assembly Bill [AB] 2641). The archaeologist shall notify the City of Rancho Cordova and the Sacramento County Coroner (per Section 7050.5 of the Health and Safety Code). The provisions of Section 7050.5 of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 shall be implemented. If the Coroner
determines the remains are Native American and not the
result of a crime scene, the Coroner shall notify the NAHC, which then shall designate a Native American Most Likely Descendant (MLD) for the proposed project (Section 5097.98 of the PRC). The designated MLD shall have 48 hours from the time access to the property is granted to make
recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC shall mediate (Section 5097.94 of the PRC).
If an agreement is not reached, the landowner shall rebury the remains where they shall not be further disturbed (Section 5097.98 of the PRC). The burial shall also include either recording the site with the NAHC or the appropriate
information center, using an open space or conservation zoning designation or easement, or recording a reinternment document with Sacramento County (AB 2641). Work shall not resume within the no-work radius until the City, through consultation as appropriate, determines that the treatment measures have been completed to their satisfaction.
Finding: Implementation of Mitigation Measure 4.3-2 would reduce impacts related to archeological resources or the disturbance of human remains to a less-than-significant level.
Impact 4.3-3 Would the Project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code (PRC) Section 21074?
Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.3-3(a) Implement Mitigation Measures 4.3-2.
4.3-3(b) Prior to initiation of ground-disturbing activities associated with the proposed project, a consultant and construction worker tribal cultural
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
resources awareness brochure and training program for all personnel involved in project implementation shall be developed in coordination with interested Native American Tribes. The brochure shall be distributed and the training shall be conducted in coordination with qualified cultural resources specialists and Native American Representatives and Monitors from culturally affiliated Native American Tribes before any stages of project implementation and construction activities begin on the project site. The program shall include relevant information regarding sensitive tribal cultural resources, including applicable regulations, protocols for avoidance, and consequences of violating State laws and regulations. The worker cultural resources awareness program shall also describe appropriate avoidance and minimization measures for resources that have the potential to be located on the project site and shall outline what to do and whom to contact if any potential tribal cultural resources are encountered. The program shall also underscore the requirement for confidentiality and culturally-appropriate treatment of any find of significance to Native Americans and behaviors, consistent with Native American Tribal values. Documentation of the brochure and training program (i.e., a sign-in sheet) shall be submitted along with all applicable reports to the City’s Community Development Department.
4.3-3(c) Prior to the start of ground-disturbing activities associated with the proposed project, the project applicant and construction contractor(s) shall implement the following measures to minimize the potential for destruction of or damage to existing or previously undiscovered burials, archaeological, and tribal cultural resources and to identify any such resources at the earliest possible time during projectrelated earthmoving activities:
Native American monitors from culturally affiliated Native American Tribes shall be invited to monitor the vegetation grubbing, stripping, grading or other ground-disturbing activities in the project area to determine the presence or absence of any cultural resources. Native American
representatives from cultural affiliated Native American Tribes act as a representative of their Tribal government and shall be consulted before any ground-disturbing activities begin. Native American representatives and Native American
monitors have the authority to identify sites or objects of significance to Native Americans and to request that work be stopped, diverted or slowed if such sites or objects are identified within the direct impact area. Only a Native American representative shall recommend appropriate
treatment of such sites or objects.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Compliance with the aforementioned measures shall be documented and submitted with applicable reports to the City’s Community Development Department.
4.3-3(d) Develop a standard operating procedure, points of contact, timeline and schedule for the project so all possible damages can be avoided or alternatives and cumulative impacts properly accessed.
If potential tribal cultural resources, archaeological resources, other cultural resources, articulated, or disarticulated human remains are discovered by Native American Representatives or Monitors from interested Native American Tribes, qualified cultural resources specialists or other project personnel during construction activities, work shall cease in the immediate vicinity of the find (based on the apparent distribution of cultural resources), whether or not a Native American Monitor from an interested Native American Tribe is present. A qualified cultural resources specialist and Native American Representatives and Monitors from culturally affiliated Native American Tribes shall assess the significance of the find and make recommendations for further evaluation and treatment as necessary. These recommendations shall be documented in the project record.
If adverse impacts to tribal cultural resources, unique archeology, or other cultural resources occurs, then consultation with Wilton Rancheria regarding mitigation contained in the Public Resources Code Sections 21084.3(a) and (b) and CEQA Guidelines Section 15370 shall occur, in order to coordinate for compensation for the impact by replacing or providing substitute resources or environments.
Finding: Implementation of Mitigation Measures 4.3-3(a), (b), (c), and (d) would reduce impacts related to tribal cultural resources to a less-than-significant level.
Geology and Soils/Mineral Resources
Impact 4.4-3 Would the Project be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse, or be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code? Mitigation Measures: The following mitigation measure has been adopted to address this impact:
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
4.4-3 The Improvement Plan submittal shall include a final geotechnical engineering report produced by a California Registered Civil Engineer or Geotechnical Engineer for review and approval by the Rancho Cordova Community Development Department. The report shall address and make recommendations on the following:
A. Road, pavement, and parking area design;
B. Structural foundations, including retaining wall design (if applicable);
C. Grading practices;
D. Erosion/winterization;
E. Special problems discovered on-site, (i.e., open bodies of water, expansive/unstable soils, etc.); and
F. Slope stability.
Once approved by the Rancho Cordova Community Development Department, two copies of the final report shall be provided to the Rancho Cordova Community Development Department and one copy to the Rancho Cordova Building and Safety Division for its use.
It is the responsibility of the developer to provide for engineering inspection and certification that earthwork has been performed in conformity with recommendations contained in the report.
Finding: Implementation of Mitigation Measures 4.4-3 would reduce impacts related to the Project being located on an unstable geological unit, landslides, lateral spreading, subsidence, liquefaction, collapse, and expansive soil to a less-than-significant level.
Impact 4.4-5 Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.4-5 Should construction or grading activities result in the discovery of unique paleontological resources, all work within the vicinity of the discovery shall cease. The City of Rancho Cordova Community Development Department shall be notified, and the resources shall be examined by a qualified paleontologist at the developer’s expense, for the purpose of recording, protecting, or curating the discovery as appropriate. The paleontologist shall submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. Work may only resume in the area of discovery when the preceding work has occurred.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Finding: Implementation of Mitigation Measure 4.4-5 would reduce impacts on unique paleontological resources or sites or unique geologic features to a less-than-significant level.
Hazards and Hazardous Materials
Impact 4.5-2 Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment?
Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.5-2(a) Prior initiation of demolition or construction activities associated with the proposed project, the project applicant shall complete and submit, for both the underground storage units identified on APNs 073-0010-011 and 072-0300-008, a Consolidated Application For Authority to Remove Under Ground Storage Tanks to the
Sacramento County Environmental Management Department (EMD) for review. Upon issuance of a permit (Authority Letter to Remove) from the EMD, removal of the UST shall proceed in accordance with all permit conditions, including, but not limited to, inspection, testing, and plan/report submittal requirements.
4.5-2(b) Prior initiation of demolition or construction activities associated with the proposed project, the project applicant shall retain a licensed contractor to remove the existing 55-gallon drum located on APN 072-0300-008, to the northeast of the existing residence. The drum shall be disposed of in accordance with all applicable federal, State, and local regulations related to the handling, transport, and disposal of hazardous waste. Proof of safe disposal shall be provided to the Community Development Department.
4.5-2(c) Prior to issuance of a demolition permit for any on-site structures, the project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Community Development Department an asbestos and lead survey. If asbestoscontaining materials or lead-containing materials are not discovered during the survey, further mitigation related to asbestos-containing materials or lead containing materials shall not be required. If asbestos-containing materials and/or lead-containing materials are discovered by the survey, the project applicant shall prepare a work plan to demonstrate how the on-site asbestos-containing materials and/or lead-containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal-OSHA)
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Administration regulations and disposed of in accordance with all CalEPA regulations, prior to the demolition and/or removal of the onsite structures. The plan shall include the requirement that work shall be conducted by a Cal-OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the Community Development Department for review and approval.
Materials containing more than one (1) percent asbestos that is friable are also subject to SMAQMD regulations. Removal of materials containing more than one (1) percent friable asbestos shall be completed in accordance with SMAQMD Rule 902.
4.5-2(d) Prior to issuance of a demolition permit for any on-site structures, the project applicant shall retain the services of a licensed environmental professional to prepared a Phase II Environmental Assessment (ESA) for the project site. The Phase II ESA shall evaluate, at a minimum, potential lead contamination in the soils in the vicinity of the structures located on APN 072-0300-008, as well as potential termiticide contamination in the soils in the vicinity of the wooden structures located on APN 072-0300-002 and APN 072-0300-008. In the event that the lead and/or termiticide contamination is determined to occur, the project applicant shall implement all recommended measures in the Phase II ESA necessary to address such hazards. Such measures may include, but shall not be limited to, capping contaminated soil in place and deed-restricting the subject property, excavation and off-haul of contaminated soils by a licensed contractor, or other appropriate methods deemed acceptable by the Sacramento County Environmental Management Department (EMD).
4.5-2(e) Prior to Improvement Plan approval, the applicant shall hire a licensed well contractor to obtain a well abandonment permit from the Sacramento County Environmental Management Department (EMD) for all on-site wells, and properly abandon the on-site wells, pursuant to Department of Water Resources Bulletin 74-81 (Water Well Standards, Part III), for review and approval by the EMD. In addition, prior to Improvement Plan approval, the project applicant shall ensure that any on-site septic systems are abandoned in compliance with applicable EMD standards. Verification of abandonment shall be ensured by the City of Rancho Cordova Community Development Department.
4.5-2(f) If unidentified or suspected contaminated soil or groundwater evidenced by stained soil, noxious odors, or other factors, is encountered during site preparation or construction activities at the
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
project site, work shall stop in the area of potential contamination, and the type and extent of contamination shall be identified by a Registered Environmental Assessor (REA) or qualified professional.
The REA or qualified professional shall prepare a report that includes, but is not limited to, activities performed for the assessment, summary of anticipated contaminants and contaminant concentrations, relevant environmental screening levels for identified contaminants, whether the contaminants exceed ESLs, thus warranting remediation, and recommendations for appropriate handling and disposal. Site preparation or construction activities shall not recommence within the contaminated areas until any necessary remediation identified in the report is complete. The report and verification of proper remediation and disposal shall be submitted to the City of Rancho Cordova Community Development Department for review and approval.
Finding: Implementation of Mitigation Measures 4.5-2(a) through (f) would reduce impacts related to the release of hazardous materials into the environment to a less-thansignificant level.
Hydrology and Water Quality
Impact 4.6-1 Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during construction?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.6-1 Prior to the commencement of ground-disturbing activities, the project applicant shall submit, and obtain approval of, a Spill Prevention Countermeasure and Control Plan (SPCC) to the Sacramento County Environmental Management Department. The SPCC shall specify measures and procedures to minimize the potential for, and effects from, spills of hazardous, toxic, or petroleum substances during all construction activities, and shall meet the requirements specified in the Code of Federal Regulations, Title 40, Part 112.
Finding: Implementation of Mitigation Measure 4.6-1 would reduce impacts related to water quality during construction to a less-than-significant level.
Impact 4.6-2 Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during operations?
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Mitigation Measures: The following mitigation measures have been adopted to address this impact:
4.6-2 Prior to approval of final project improvement plans, the project applicant shall submit a detailed Best Management Practice (BMP) and water quality maintenance plan to the City for review and approval. The BMP and water quality maintenance plan shall meet the standards of the City’s NPDES Permit (No. CAS0085324), the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for New Development and Redevelopment, and the Stormwater Quality Design Manual for the Sacramento region. Site design measures, source control measures, hydromodification management, and Low Impact Development (LID) standards, as necessary, shall be incorporated into the design and shown on the improvement plans.
4.6-3 Prior to approval of final project improvement plans, the project applicant shall submit a maintenance covenant to the City for review and approval. The maintenance covenant shall be recorded with the property deed and executed following property ownership to ensure the long-term maintenance of stormwater quality measures.
Finding: Implementation of Mitigation Measures 4.6-2 and 4.6-3 would reduce impacts related to water quality during operations to a less-than-significant level.
Noise
Impact 4.8-1 Would the Project result in the generation of a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Mitigation Measures: The following mitigation measure has been adopted to address this impact:
4.8-1 The following criteria shall be noted on project Improvement Plans.
Improvement Plans shall be submitted to the City’s Community Development Department for review and approval.
Consistent with Section 6.68.090 of the Rancho Cordova Municipal Code, noise-generating construction activities shall be limited to the hours of 6:00 AM to 8:00 PM on weekdays and 7:00 AM to 8:00 PM on weekends.
Finding: Implementation of Mitigation Measure 4.8-1 would reduce impacts related to the generation of a substantial temporary increase in ambient noise to a less-than-significant level.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Initial Study
Impact I-d: Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Mitigation Measures: The following mitigation measure has been adopted to address this impact:
I-1 Prior to the approval of Improvement Plans and issuance of Building Permits for any development on the project site, the project applicant shall submit a lighting plan for the project to the City of Rancho Cordova Planning Division for review and approval. The lighting plan shall include, but not necessarily be limited to, the following provisions:
Shield or screen lighting fixtures to direct the light downward and prevent light spill on adjacent properties;
Place and shield or screen flood and area lighting needed for construction activities and/or security so as not to disturb adjacent residential areas and passing motorists;
For public lighting, prohibit the use of light fixtures that are of unusually high intensity or brightness (e.g., harsh mercury vapor, low-pressure sodium, or fluorescent bulbs) or that blink or flash;
Use appropriate building materials (such as low-glare glass, low-glare building glaze or finish, neutral, colored paint and roofing materials), shielded or screened lighting, and
appropriate signage to prevent light and glare from adversely affecting motorists on nearby roadways; and
The proposed location, mounting height, and aiming point of all outdoor lighting used during project operations and/or construction.
Finding: Implementation of Mitigation Measure I-1 would reduce impacts related to light or glare to a less-than-significant level.
2. Significant and Unavoidable Impacts.
The following significant environmental impacts of the Project, including cumulative impacts, are unavoidable and cannot be mitigated in a manner that would reduce the significant impact to a less-than-significant level. Notwithstanding disclosure of these impacts, the City Council elects to approve the Project due to overriding considerations as set forth below in Part D, Statement of Overriding Considerations.
ITEM 11.1. ATTACHMENT 2
Exhibit A to the Resolution
Transportation
Impact 4.10-2 Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) under Existing Plus Project conditions?
Mitigation Measures: The following mitigation measures have been adopted to address this impact to the extent feasible:
4.10-2(a) Prior to approval of Improvement Plans, the project applicant shall include in the Improvement Plan submittal a Trail System Plan detailing the applicant’s construction of a portion of the regional trail system in the vicinity of the project site. The Trail System Plan shall be subject to review and approval by the City of Rancho Cordova Community Development Department.
4.10-2(b) Prior to the recording of a Final Map, the project applicant shall pay a fair share contribution to provide monetary support for the City’s transportation services, as determined by the City of Rancho Cordova Community Development Department. The charges for residential and non-residential development will fund these transportation services as determined appropriate by the City Council. Supplemental transportation services may include, but are not limited to, the following:
Transit Shuttle – shuttle for residents and/or employees between residential areas, employment centers, shopping and service centers and light rail stations and/or other public transit options;
Guaranteed Ride Home – free taxi rides and rental cars for ride sharers in case of an emergency;
Transit Subsidies – financial assistance to encourage residents and employees to use transit or other alternative transportation measures;
Transportation Plans for employers and/or resident groups – plans which guide employers and resident groups on the
implementation of trip reduction programs, such as ride share matching or other similar programs;
Education Programs – various programs such as education of transit options, home office set up, alternative commute opportunities;
Infrastructure Support – additional bike racks and lockers, transportation alternative and ride share informational boards/kiosks, and transit facilities;
Transportation Coordinator Training and Support – instruction in mobility (transportation alternatives) for residential groups and work site coordinators; and