Ripon City Council
April 9, 2024

Ripon City Council Minutes
TUESDAY, APRIL 09, 2024 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session meeting was called to order at 5:30 PM.

PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.

ROLL CALL: Council Members Michael Restuccia, Dean Uecker, Gary Barton, Mayor Leo Zuber. Absent: Vice Mayor Daniel de Graaf.

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, City Clerk Lisa Roos, Deputy City Attorney Thomas Terpstra.

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 4 cases.
(2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code – 1214 S. Acacia Avenue.

Return to open session
Deputy City Attorney Terpstra said Council met in closed session to receive an update on pending litigation and property negotiations, staff was given direction and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

The meeting was called to order at 6:00 PM with Mayor Zuber leading in the Pledge of Allegiance to the Flag.

INVOCATION:

Pastor Brett Dood gave the invocation.

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ROLL CALL:

Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, Deputy City Attorney Thomas Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias, Kelly Donohue, Carla Bitters, Laura Brown, Steven Verver.

PUBLIC DISCUSSION:

Ramon Amaral, Field Representative for the Northern California Carpenters Union, said he is here tonight to request that the City adopt labor standards and prequalification language for future projects including the use of a State sponsored apprenticeship program where prevailing wage jobs would be required to request construction apprenticeship programs. Amaral said the apprenticeship program could be a better option than going through the traditional college.

Amaral said the other labor standard requested is the requirement that contractors offer health care to their employees.

Dale De Bie said he is concerned about the proposed signal because the consultant said the signal at E. Main St. would cause greater traffic delays at this time. He said he is confused why the signal would be installed if it would contribute to more of a delay. He said the residents do not know about this and he would appreciate people being able to know more about this.

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APPROVAL OF MINUTES:

1. CITY COUNCIL - REGULAR MEETING - MAR 12, 2024 6:00 PM Motion to approve the minutes of the Regular Ripon City Council Meeting of March 12, 2024.

RESULT: ADOPTED [4 TO 0]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Restuccia
ABSTAIN: Uecker
APPROVAL OF MINUTES:

2. CITY COUNCIL - WORKSHOP - APR 2, 2024 12:00 PM
Motion to approve the minutes of the City Council Workshop of April 2, 2024.

RESULT: ADOPTED [4 TO 0]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Restuccia
AWAY: Uecker
APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Restuccia requested Item 1.4A be pulled from the Consent Calendar for discussion.

Mayor Zuber requested Item 1.4C be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
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1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(March 2023 $277,588.30)
FY 2023-24 YTD: $3,380,569
FY 2022-23 YTD: $3,487,377
Highway Users Tax
(February 2023 $33,101.84)
FY 2023-24 YTD: $298,029
FY 2022-23 YTD: $284,379
SB1 Street & Road Tax
(March 2023 $28,362.40)
FY 2023-24 YTD: $295.974
FY 2022-23 YTD: $261,635
$270,403.26
$32,577.76
$32,831.05
TOTAL $335,812.07

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
$7,227.50
$2,260.00
$6,375.00

TOTAL $15,862.50
B. PATRICK CLARK CONSULTING
Professional Services – Labor Relations
Invoice #20240309 $1,125.00
C. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2023-2024 4th Quarter Deposits
Workers’ Compensation Program
Liability Program
$159,138.00
$109,177.00

TOTAL $268,315.00
D. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $7,875.00
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E. ENERGY STORAGE RESPONSE GROUP, LLC
Review of Safety Documents - Invoice #2105
(Funded by reimbursement agreement with Broad Reach Power) $15,000.00 F. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #13 $695,778.10
G. BASECAMP ENVIRONMENTAL, INC.

Lower Stanislaus River Multi-Use Trail
Project Environmental Assessment
Progress Payment – Invoice #52397 $1,200.00
Ripon Electrical Vehicle Charging Station
Final Payment – Invoice #52410 $281.25
TOTAL $1,481.25
H. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
2023 3rd & 4th Quarter Report & Annual Report
Invoice #2211794 $7,044.00
I. TERRACON CONSULTANTS, INC.

Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment - Invoice #TK88414 $691.00
J. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment - Invoice #02377 $4,202.28
K. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #29777 $425.00

1.3. Resolutions
A. RESOLUTION NO. 24-8

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING THE SAN JOAQUIN
COUNCIL OF GOVERNMENTS’

ANNUAL FINANCIAL PLAN FOR
FISCAL YEAR 2024-2025

ADOPTED BY THE COG BOARD
ON MARCH 28, 2024
This resolution accepts the San Joaquin
Council of Governments’ annual
financial plan that describes the proposed
transportation planning activities for
fiscal year 2024-2025.

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1.4. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Change Order No. 10
Approve Change Order No. 10 for
installation of gas and communication
conduits across Doak Boulevard in the
not to exceed amount of $70,966.50
(funding sources: Corp Yard AB1600
Fund, Enterprise Capital Funds, and
General Capital Fund).

C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. LOWER STANISLAUS RIVER BIKE TRAIL PROJECT
CEQA Approval Adopt the Mitigated Negative
Declaration Environmental Document
for the Lower Stanislaus River Bike
Trail Project and direct staff to file the
Notice of Determination.

E. PROCLAMATION
Ripon Christian High School Present a proclamation to Ripon Christian High School recognizing its
outstanding athletic accomplishments.

F. PROCLAMATION
Dennis Bitters Present a proclamation to Dennis Bitters for his 42 years of remarkable service to
the Ripon Consolidated Fire District,
including 21 years as the Fire Chief.

ITEMS PULLED FROM CONSENT

1.4A : PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 2 Fehr & Peers Approve and authorize the Mayor to sign
Amendment No. 2 to the Professional
Services Agreement with Fehr & Peers to
develop pavement delineation and sign bid
documents and assist the City in
coordinating with Caltrans to obtain an
Encroachment Permit in the not to exceed
amount of $29,715 (funding source:

Transportation PFFP Fund).

Council Member Restuccia said he is concerned about spending $29,000 to move forward with the project when the consultant for the project did not seem to be familiar City Council Page 7 April 9, 2024
with several aspects of the intersection including the fact that residents park along the street. He said he was concerned when the consultant said that their staff did not physically visit the project site and that the light would not help traffic at this point.

Restuccia said the suggestions made by the consultant, including a median, were unacceptable to him and at this point he is not in favor of moving forward with the project.

Vice Mayor de Graaf said he felt the study was insufficient and needs a better-detailed plan. He said he understands that the grant funding may come with a schedule and if so, then maybe the City does not move forward with that schedule. He said he would like to know if it is possible to break the project into phases and have a better-detailed plan, including more information on how this will impact the adjacent residents. City Administrator Werner said one of the items in the contract is a geometric design to help answer the questions that Council had. He said the consultant could be directed to do a preliminary geometric design, which would be roughly 30% of the full design. de Graaf said the traffic study showed there is a relatively short amount of time where traffic is impacted. He said that sometimes traffic signals hinder traffic more than help it when there is minimal traffic, but he believes the traffic signal could help with the early morning traffic.

Werner said the consultant appreciated the feedback from Council and would like to address those concerns as part of this scope. de Graaf said the consultant needs to put the design together and the City needs to sit down with residents and discuss it.

Council Member Barton said he agrees with Restuccia and did not find the presentation to be compelling. He said if the consultant understood the concerns then he is confused why they were not addressed before asking to move forward.

Barton asked when the public would have a chance to weigh in on this topic. He said there are many people at that intersection and in that neighborhood who will be significantly impacted.

Werner said staff could hold a workshop for the public, he said it would be good to get as many comments as possible in order to mitigate the concerns before the project moves forward.

Zuber asked if there is a time limit with the grant. Werner said yes, there is, but there may be some flexibility.

Werner said he would direct the consultant to use the current budget to do a preliminary geometric study and bring it back in a workshop to discuss the signal further. He said if Council decides to move forward after that, then this item can be brought back to Council.

Restuccia said he gets calls all the time, but he does not receive calls about this intersection. He said the workshop would be a great idea. He said that most of the residents realize this area will see heavier traffic during the busier parts of the day for City Council Page 8 April 9, 2024
about forty minutes and then the backup is gone. He said he does not think it warrants spending almost $750,000 at this time.

Restuccia said he thinks a public workshop allowing the public to bring their input forward is a good idea because they may see something that has been missed.

Direction was given to staff and no action was taken.

1.4C : SOUTH OF MAIN RESURFACING PROJECT
American Pavement Systems Award the contract for the South of Main Resurfacing Project to American Pavement
Systems in the amount of $1,576,800 and
authorize staff to proceed (funding source:
the Street & Road Fund and Coronavirus
Response and Relief Supplemental
Appropriations Act grant).

Mayor Zuber said there is a lot of street work in this project, and many people are going to have improved streets in their neighborhood. He said this is why for the last 4-5 years the Council and staff have worked to put money aside so the City can begin to move towards large-scale projects like this one, instead of a block here and there. Zuber said he wanted to thank staff for putting this together and budgeting appropriately for this.

Restuccia said he appreciated the color-coded map that staff presented showing the different street and roads project areas.

Council Member Barton asked if significant notice will be given to people in the neighborhood where the project will occur. City Administrator Werner said the contractor will be putting door hangers on each house with the dates where street parking is unavailable.

Motion to approve Item 1.4C to award the contract for the South of Main Resurfacing Project to American Pavement Systems.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
**END OF CONSENT CALENDAR**

PRESENTATION OF PROCLAMATIONS
Mayor Zuber presented a proclamation to Ripon Christian High School Athletes, in recognition of their outstanding athletic accomplishments.

Mayor Zuber presented a proclamation to Chief Dennis Bitters in honor of his 42 years of service to the Ripon Consolidated Fire District and his retirement.

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2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.

A. RIPON CONSOLIDATED FIRE DISTRICT FEE UPDATE
RESOLUTION NO. ______

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE RIPON

CONSOLIDATED FIRE PROTECTION

DISTRICT UPDATE OF THE FIRE

FACILITIES IMPACT FEE STUDY
DATED JUNE 20, 2023
This is a public hearing to consider the
Development Fee update for the Ripon
Consolidated Fire Protection District for all
new development.

Recommended Action: Approve the
resolution adopting the Ripon Consolidated
Fire Protection District’s update of the Fire
Facilities Impact Fee Study dated June 20,
2023.

Planning Director Zuidervaart said tonight's public hearing will be opened and any public testimony will be recorded. He said there will be no action taken at his public hearing and it will be postponed until a further date.

PUBLIC HEARING OPENED
No one from the public wished to speak at this time.

Deputy City Attorney Terpstra said the public hearing will stay open until this item is brought back before the Council. He said any comments will carry on to a future meeting.

REPORTS
Department Heads:

Planning Director Zuidervaart said there will be a Planning Commission on April 15, 2024 to consider the tennis courts at Ripon Christian School.

Director of Public Works Pease said March water usage was down 37% from 2013 numbers and 25% higher than last year’s numbers. He said staff made 27 contacts and 1 penalty was assessed.

Pease said residents are able to register for the Large Item Pick-Up program online.

City Council:

Council Member Restuccia said he wanted to thank everyone for coming to the First Responders Appreciation Day.

Council Member Uecker wanted to congratulate Chief Bitters on his retirement.

Council Member Barton said he wanted to thank Council Member and Mona Restuccia for hosting a wonderful event, First Responders Appreciation Day, and said it was a great event.

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Barton said he appreciated Chief Bitters and his years of work and looks forward to working with the new chief.

Barton said there was a strategic planning meeting held April 2, 2024 that was open to the public, and it was an informative meeting.

Vice Mayor de Graaf said he wanted to thank everyone for attending the meeting. de Graaf said he was unable to attend the First Responders Appreciation Day, but he looks forward to the event every year. He thanked everyone for their work on the event. de Graaf congratulated Chief Bitters and thanked him for his years of service.

There being no further business, the meeting was adjourned at 6:36 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, MARCH 12, 2024 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:00 PM
CLOSED SESSION: The closed session meeting was called to order at 5:01 PM.

PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.

ROLL CALL: Council Members Michael Restuccia, Gary Barton, Vice Mayor Daniel de Graaf, Mayor Leo Zuber. Absent: Dean Uecker.

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos.

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 3 cases.
(2) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Police Officers Association
(b) Ripon Sergeants Association
(c) Public Works Employees
(d) Unrepresented Employees
Return to open session.

City Attorney Terpstra said Council met in closed session to receive updates on pending litigation and labor negotiations. No reportable action was taken.

PLEDGE OF ALLEGIANCE:

The meeting was called to order at 6:00 PM with Mayor Zuber leading in the Pledge of Allegiance to the Flag.

INVOCATION:

Pastor Chris Williams gave the invocation.
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ROLL CALL:

Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Absent
Michael Restuccia Council Member Present
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Rod Wright.

PUBLIC DISCUSSION:

No one from the public wished to speak at this time.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting of February 13, 2024.

RESULT: ADOPTED [3 TO 0]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, Barton, Restuccia
ABSTAIN: de Graaf
ABSENT: Uecker

1. CITY COUNCIL - REGULAR MEETING - FEB 13, 2024 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Restuccia requested Item 1.2C be pulled from the Consent Calendar for discussion.

On behalf of the public, City Clerk Roos read the following public comment received via email. Mr. Brad wished to comment on Item 1.3C La Rue Communications and said that is a lot of money for a repeater that is far away. Mr. Brad said the tower at the fire station or the police station would have met the needs of the department if they had stayed with analog radios. He said the new system will have low voice quality and lack the ability to exchange photos but will still cost more.
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Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Restuccia
ABSENT: Uecker

1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Restuccia
ABSENT: Uecker

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(February 2023 $519,073.58)
FY 2023-24 YTD: $3,110,166
FY 2022-23 YTD: $3,209,789
Highway Users Tax
(January 2023 $31,142.18)
FY 2023-24 YTD: $265,451
FY 2022-23 YTD: $251,277
SB1 Street & Road Tax
(February 2023 $29,260.28)
FY 2023-24 YTD: $263,143
FY 2022-23 YTD: $233,273
$496,986.54
$34,410.25
$39,152.25
TOTAL $570,549.04
B. STATE OF CALIFORNIA
Vehicle License Fee FY 2022-23 Excess Funds
FY 2021-22: $16,378.93
$19,735.13
C. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
January 2024
February 2024
$1,271.90
$1,305.31
TOTAL: $2,577.21
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment - January 2024 $1,850.09
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E. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – December 2023 $21,994.08

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
$4,056.25
$1,430.00
$7,225.00

TOTAL $12,711.25
B. PRICE PAIGE & COMPANY
Audit Services
Final Payment – Invoice #32578 $4,550.00
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. US BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $82,911.27 E. US BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $16,278.13
F. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #61677 $7,502.10
G. LDA
Fleet Maintenance Facility Construction Management Services Progress Payment – Invoice #31/622-03-20 $4,199.58
H. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #12 $749,496.32
I. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan
Progress Payment - Invoice #02372 $85.00
J. FEHR AND PEERS
East Main Street Traffic Signal Project
Traffic Engineering Services
Progress Payment – Invoice #172329 $1,826.80
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K. BASECAMP ENVIRONMENTAL, INC.

Lower Stanislaus River Multi-Use Trail
Project Environmental Assessment
Progress Payment – Invoice #52367 $1,282.50
South County Water Project
Progress Payment – Invoice #52379 $1,181.25
Ripon Electrical Vehicle (EV) Charging Station
Final Payment – Invoice #52391 $1,371.25
TOTAL $3,835.00

1.3. Miscellaneous Items
A. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Change Order No. 9
Approve Change Order No. 9 for
electrical additions to power flush
valves and a credit for landscaping
modifications in the not to exceed
amount of $9,940 (funding sources:

Corp Yard AB1600 Fund, Enterprise
Capital Funds, and General Capital
Fund).

B. PROFESSIONAL SERVICES AGREEMENT
Stantec Consulting Services, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with Stantec Consulting
Services to evaluate the condition of
Well 9 and the feasibility of installing a
new well at the existing site in the not to
exceed amount of $193,145 (funding
source: Water Enterprise Capital Fund).

C. RADIO TOWER UPGRADES - RIPON PD CHANNEL 1
La Rue Communications Approve and authorize the purchase of radio tower equipment for Channel 1 to
replace the current outdated system in
the not to exceed amount of
$119,304.46 (funding source: General
Department Capital Fund).

D. PROCLAMATION
Ripon High School Present a proclamation to Ripon High
School recognizing its outstanding
athletic accomplishments.
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ITEMS PULLED FROM CONSENT

1.2C : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees $56,101.42
Council Member Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.

Council Member Restuccia left the meeting.

Motion to approve Item 1.2C Bank of Stockton Invoice.

RESULT: ADOPTED AS AMENDED [3 TO 0]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton
ABSTAIN: Restuccia
ABSENT: Uecker
Council Member Restuccia returned to the meeting.
**END OF CONSENT CALENDAR**

PRESENTATION OF PROCLAMATION
Mayor Zuber presented a proclamation to Rod Wright, Athletic Director for Ripon High School, in recognition for its outstanding athletic accomplishments.

2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.

A. COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS
Fiscal Year 2024-2025 A public hearing to provide residents the opportunity to hear recommendations on
proposed projects and provide comments
to the City Council.

Recommended Action: Approve the
recommended 2024-2025 CDBG and
HOME Program funding allocations and
direct staff to process the necessary
documentation with San Joaquin County to
facilitate this grant program.

Planning Director Zuidervaart said this is the annual public hearing for allocation of Community Development Block Grant (CDBG) and HOME funds. Staff is 1 Packet Pg. 16
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recommending a portion of funds be allocated the Senior Center Interior Rehab Project.

Zuidervaart said staff received project applications for Bethany Home's Meals on Wheels and a few from the County. Staff is recommending funding those requests.

PUBLIC HEARING OPENED
No one from the public wished to speak at this time.

PUBLIC HEARING CLOSED
Mayor Zuber asked for an update on the Senior Center Façade Project. Planning Director Zuidervaart said the Engineering Department is finalizing the specs on the façade improvements and outdoor dining area and it should go out in 2024.

Motion to approve the recommended 2024-2025 CDBG and HOME Programs funding allocations and direct staff to process the necessary documentation with San Joaquin County to facilitate this grant program.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Restuccia
ABSENT: Uecker

3. DISCUSSION ITEMS
A. EAST MAIN STREET TRAFFIC SIGNAL OPERATIONS STUDY
Discussion/No Action Representatives from Fehr & Peers will present the traffic operations study
findings and be available to answer any
questions.

City Administrator Werner said there is traffic signal planned at the East Main Street intersection and the City received a CMAQ grant for $480,000 to help with the cost of construction. He said Fehr & Peers was hired to evaluate the intersection to confirm the need for a traffic signal and advise staff regarding lane configurations and options to help mitigate cut-through traffic.

Werner introduced Albee Wei and said she was here representing Fehr & Peers and would present the completed traffic study and answer questions from Council.

Wei said the purpose of the study was to confirm the need for a traffic signal based on existing and future traffic volume, evaluate intersection lane configuration, recommend changes and consider using traffic signal to mitigate impact from regional cut-through trips.
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Wei said Level of Service (LOS) measures a driver’s experience on the road and at intersections, based on the speed and number of cars using the road. She said the LOS of a road is designated by a letter grade of A (free flow) to F (near gridlock). She said the intersection currently experiences low to moderate delay and queuing during peak AM and PM hours with regional cut-through traffic contributing to these delays.

Wei said they do not anticipate the hotel to significantly contribute to the traffic and the intersection is still rated A to B with the addition of the hotel. She said the traffic signal is warranted based on the high volume but not delay.

Wei said with the addition of a traffic signal and hotel the intersection would operate similarly with low delay during peak hours and would incur about 5-10 seconds of additional delay outside these hours. She said all movements would still operate at LOS D or better.

Wei said with the installation of a traffic signal, lanes would need to be reconfigured and said this can be done within the existing footprint. She said the installation of a traffic signal would provide an opportunity for multi-modal safety improvements such as crosswalk, pedestrian crossing signal, push button & locator tone.

Wei said at build-out volume, the intersection is anticipated to be between LOS D and F and this would warrant a signal for both volume and delay. Wei said Fehr & Peers suggests moving forward with the signal.

Council Member Barton asked for clarification on the proposed left hand turn lanes. Wei said this would provide the opportunity for left hand lanes to go at the same time. Barton asked if there is enough space for this. Wei said there is and it would better align the road.

Barton asked how the eastbound and westbound lanes would be configured. Wei said the eastbound and westbound currently have two approach lanes that are striped as left through lanes and a right lane and they would be restriped as dedicated left turn lanes.

Barton said there are times during the day where people come in from Oak Avenue and the Frontage Road and voiced concern for people making the left turn onto Oak Avenue.

Wei said normally they would recommend the installation of a median but because this is a neighborhood, it could be striped as a keep clear area.

Barton said there is often a backup on East Main going west and it is difficult to turn out of Oak Avenue into the left hand turn lane and asked if the left hand lane could be lengthened to help traffic. Wei said they would need to see if there is room, but the median would then be necessary.

Restuccia said part of the problem is people parking in front of their houses on East Main.

Restuccia said Council is considering installing a traffic signal for what amounts to less than a couple of hours a day for $750,000.
1 Packet Pg. 18
Minutes Acceptance: Minutes of Mar 12, 2024 6:00 PM (Approval of Minutes) City Council Page 9 March 12, 2024
Restuccia said traffic would backup with a light as opposed to moving regularly, albeit at a stop and go pace. He asked how the signal light is actually going to help traffic. Wei said in the simulation they created, the traffic does backup a bit but they were able to mitigate this with traffic signal timing. She said the signal could also be timed to give cut-through a longer red light.

Restuccia said the majority of traffic is local people who live in the neighborhood.

City Administrator Werner said the signal at Jack Tone has different timing for different times of the day.

Mayor Zuber said there is currently a two-way turn lane on the eastbound lane and asked what this would look like with the installation of a light and if people turning left into Starbucks would have to go further west to make their turn. Wei said no, the striping would be updated.

Barton asked if Fehr & Peers consulted with the Police Department and if that is part of their standard practice. Wei said no, the scope did not include a safety analysis. She asked Chief Sauer if there were any issues they need to know about. Sauer said just the comments Council had made regarding the backup in the morning.

Werner said typically the next step would be proceeding with design, and as the project design progressed, police and fire would then comment any concerns regarding the design.

Werner said this was an informational presentation, and said he has received many questions, as has Council, regarding this intersection and citizens have many of the same concerns and experiences that Council just discussed. Restuccia asked if there is a notice that goes out to the people who live in that area or a public hearing so the public can be informed and voice their concerns.

Werner said staff could set up a workshop for the public to attend.

Planning Director Zuidervaart said most City projects go through one of two processes, the first one is a minor site review, which is completed at staff level, and notices are sent to surrounding jurisdictions including fire and police so they can leave comments. If the Council desires more public input, the project could go through a major site review, which requires review and approval from the Planning Commission, and notices are sent to surrounding residents.

Council thanked Wei for the presentation.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Mar 12, 2024 6:00 PM (Approval of Minutes) City Council Page 10 March 12, 2024

REPORTS
Department Heads:

Planning Director Zuidervaart said there will be a short Planning Commission meeting in March to hold a public hearing that was noticed regarding the Ripon Reliability Project. He said staff is not prepared to present to the Commission yet, but because the public hearing was noticed, there will be one held.

Director of Public Works Pease said January water usage was down 9% from 2013 numbers and 5% from last year’s numbers. He said staff made 47 contacts but issued no penalties.

Pease said February water usage was down 28% from 2013 numbers and 7% from last year’s numbers. He said staff made 16 contacts but issued no penalties.

Pease said residents will be able to register for the Large Item Pick-Up program in April.

Pease said staff has been in contact with the Army Corp of Engineers and has provided the Corp with everything they need. He said the Corp had a meeting last week with parties that need to provide input. He said he is expecting to hear from the Corp next week.

Pease said he has been in contact with Contech, who would build the necessary structure, and with standard production time, the structure would be completed in September or October. He said he is waiting to hear back regarding an expedited production cost.

City Administrator Werner said he is helping in Engineering at this time. He said Well 19 and the Corp Yard are wrapping up construction. He said there is a cape seal project out to bid right now, a street maintenance project on River Road going out to bid in a couple weeks and the Senior Center Outdoor Seating area should be going out to bid in May 2024.

City Council:

Council Member Restuccia said Ripon First Responder Appreciation day is April 6.

Council Member Barton said he wanted to thank the Chamber of Commerce staff for a wonderful Almond Blossom Festival.

Vice Mayor de Graaf said he wanted to thank everyone for attending the meeting. de Graaf said Almond Blossom was fantastic and gets better every year.

Mayor Zuber said Initiative 21-0042A1 will be on the ballot in November. He said CalCities is asking cities to adopt resolutions in opposition. He said it was approved by the Business Roundtable and is supposed to be a way to let people control special taxes, but upon closer inspection, it actually takes away the City’s ability to work with the citizens regarding tax increase. He said the measure, if passed, is retroactive. He gave the Council a packet of information to read and will look to bring this forward for discussion at a future meeting. 1 Packet Pg. 20
Minutes Acceptance: Minutes of Mar 12, 2024 6:00 PM (Approval of Minutes) City Council Page 11 March 12, 2024
There being no further business, the meeting was adjourned at 6:52 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 21
Minutes Acceptance: Minutes of Mar 12, 2024 6:00 PM (Approval of Minutes) Ripon City Council Workshop Minutes
Informal Informational Meeting
DATE: TUESDAY, APRIL 2, 2024
PLACE: STOUFFER HALL, 1000 STOUFFER ST., RIPON, CA 95366 TIME: 12:00 PM

1. ROLL CALL
Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Michael Musca.

2. TOPICS OF DISCUSSION

STRATEGIC PLANNING WORKING SESSION
Discussion/No Action Council to discuss future policy goals and the implementation of those goals.

City Administrator Werner summarized the 2023-24 policy goals and what has been achieved during the last fiscal year.

Werner gave a financial overview including a review of the General Fund Reserve and Contingency Funds, AB1600 Capital Funds, Enterprise Operating and Capital Funds and Street and Roads Funds. He described the policies adopted for the Reserve Funds and the challenges of the AB1600 Capital Funds, Enterprise Funds and Street and Roads Funds. Werner reviewed Council’s approach to continue to fund important infrastructure projects in each fund.

City Clerk Roos provided an update on the Administrative Department, highlighting the investment returns for FY 2023-24. Roos summarized staff’s public outreach goals and progress including the website update, newsletter and electronic message center. Roos shared the Department’s 1-3 year goals.

Planning Director Zuidervaart reviewed the Growth Policy and led a discussion about the possibility of reinstating the Employee Home Loan Program. He provided an update regarding Accessory Dwelling Units and the changes being made by the State. Zuidervaart presented the Planning Department’s 1-3 year goals.
2 Packet Pg. 22
Minutes Acceptance: Minutes of Apr 2, 2024 12:00 PM (Approval of Minutes) City Council Page 2 April 2, 2024
Police Chief Sauer provided the crime statistics in the City highlighting the downward trend since 2019. He provided an update on Code Enforcement, the homeless, technology upgrades and staffing. Sauer presented the Police Department’s 1-3 year goals.

Public Works Director Pease led a discussion on the Department’s plans for water supply and wastewater treatment. Pease reviewed the growing list of regulatory compliance reports that the Department is working on. Pease gave an overview on the possibility of the Department selfperforming concrete and asphalt repairs and shared the Public Works Department’s 1-3 year goals.

Recreation Director Stevens reviewed the Department’s recreation programs, noting that signups have continued to grow since the shutdown during the pandemic. He presented the Recreation Department’s 1-3 year goals.

Werner shared information with the Council on the City’s staffing since 2008 and discussed the current organization chart of the Public Works Department and 3-5 year staffing projections for various departments.

Werner presented the Capital Projects Plan focusing on Capital Street and Road Project Phasing.

He reviewed Council’s direction and said staff is now developing projects by geographic area as opposed to construction method.

Werner presented the Capital Improvement Plan focusing on potential funding priorities, what his recommendations are and other items for Council to consider. Some of these recommended funding priorities and Council’s priorities included Signal at River/N. Ripon Road, Tennis Court Reconstruction and Community Center Parking Lot.

Werner recapped the highlights of the meeting including options for Council to consider. He summarized action items for staff and Council, which will be brought to future Council meetings for approval

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 4:11 PM.

KEVIN WERNER
City Administrator
2 Packet Pg. 23
Minutes Acceptance: Minutes of Apr 2, 2024 12:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 24
Attachment: 2024 01 advance (4188 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2300290 and 2300290AIssue Date: March 05, 2024Fiscal Year: 2023-2024Collection Period: January 24, 2024 - February 23, 2024Description: Streets and Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Heather Bui at 916-323-0740 or at [email protected].

City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Withheld/Return of
Funds due to
Delinquent Annual
Street Report Payment Amount Year To Date
Ripon City Treasurer 15,977 $11,050.09 $8,161.90 $5,303.59 $8,062.18 $0.00 $0.00 $32,577.76 $0.00 $32,577.76 $298,029.24

1.1.A.b
Packet Pg. 25
Attachment: fy2324_02hwycityra (4188 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2300301 and 2300301A
Issue Date: March 22, 2024
Fiscal Year: 2023-2024
Collection Period: February 01, 2024 - February 29, 2024 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.

For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].

City Population Payment Amount Year To Date
Ripon City Treasurer 15,977 $32,831.05 $233,485.67
1 of 1

1.1.A.c
Packet Pg. 26
Attachment: rmra_cities_remit_2324_mar23 (4188 : State of California) Invoice
Date
3/25/2024
Invoice #
332
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Review and comment on professional services
agreement for Stantec, review and comment on
proposed encroachment permit(s) for PG&E projects,
discuss with client.
3/5/2024 THT 295.00 663.75 2.25
Review and comment on proposed assignment of
development agreement, reimbursement agreement,
discuss with Ken.
3/6/2024 THT 295.00 663.75 2.25
Work on comments to RFP for Westside Specific
Plan.
3/11/2024 THT 295.00 811.25 2.75
Attend city staff meeting and agenda review, further
work on RFP review and comment, attend city
Council meeting and closed session.
3/12/2024 THT 295.00 1,327.50 4.5
Work on comment memo to client and research
specific plan as potential entitlement vehicle for West side annexation, follow-up with client regarding
Howard Jarvis tax measure and availability of
reconsideration, follow-up on other city Council
item.
3/13/2024 THT 295.00 737.50 2.5
Research and emails on political speech on private
property, meet with client on west side annexation
and planning effort.
3/14/2024 THT 295.00 885.00 3
Review and draft revisions to Stantec Consulting
agreement, calls, emails regarding upcoming code
enforcement cases.
3/18/2024 THT 295.00 958.75 3.25
3/23/2024 THT Further work on Assignment agreement for Dasco. 1.25 295.00 368.75 Discuss changes to Stantec agreement, revise current
version, discuss goal setting workshop topics, brief
research regarding same; discuss final inspection
issue for commercial project, streamlined process for
same.
3/25/2024 THT 295.00 811.25 2.75
$7,227.50

1.2.A.a
Packet Pg. 27
Attachment: Terpstra Invoices - March (4208 : Law Office of Thomas H. Terpstra) Invoice
Date
3/25/2024
Invoice #
333
Bill To
City of Ripon - Police Dept.

Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Neumiller & Beardslee's Invoice Number
346932(Paid in full by The Law Office of Thomas H.

Terpstra).
2,260.00 2,260.00
$2,260.00

1.2.A.a
Packet Pg. 28
Attachment: Terpstra Invoices - March (4208 : Law Office of Thomas H. Terpstra) Invoice
Date
3/25/2024
Invoice #
336
Bill To
City of Ripon - Noosa - Private Development
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-404
Total
Date Attorney Description Rate Hours Amount
Review and discuss staff report changes with client;
call from Waterman, review their proposed changes
to staff report and recommendation.
2/29/2024 THT 425.00 2.25 956.25
Review Engie memorandum and corresponding
documents regarding safety and related impacts from
battery storage project, discussing conference call
with applicant’s legal counsel, Waterman and Jolley,
work on written summary of consultant reports,
discuss staff report organization and incorporation of
related documents.
3/4/2024 THT 425.00 5.5 2,337.50
Telephone conferences with planning director, city
administrator, regarding project applicant’s responses
to safety issues.
3/5/2024 THT 425.00 1.25 531.25
3/11/2024 THT Calls to and from applicant’s attorney, client. 425.00 0.5 212.50 Emails to and from opposing counsel regarding
operating agreement concept, discuss with client.
3/13/2024 THT 425.00 0.5 212.50
Review new support letters, calls, emails to and from
Waterman, Jolley.
3/14/2024 THT 425.00 1.25 531.25
3/18/2024 THT Review and respond to client questions. 425.00 0.5 212.50 Calls, emails re operating agreement, staff report
revision.
3/20/2024 THT 425.00 1.25 531.25
Calls, emails to Waterman, client discuss revisions to
agreement, review new version.
3/25/2024 THT 425.00 2 850.00
$6,375.00

1.2.A.a
Packet Pg. 29
Attachment: Terpstra Invoices - March (4208 : Law Office of Thomas H. Terpstra) PC

CONSULTING

PATRICK CLARK CONSULTING
428 J Street, 4th Floor
Sacramento, CA 95814
Phone 916-838-2806

BILLING INVOICE
_________________________________________________________________ To City Administrato Date 3/24/24
City of Ripon Invoice # 20240309
259 N. Wilma Avenue
Ripon, CA 95366 Due: Net 30
Re City of Ripon
Period 2/1/24 to 2/29/24
_________________________________________________________________ Fees: $1,125.00
Expenses: $0
SubTotal: $1,125.00
Amount due: $1,125.00
MAKE ALL CHECKS PAYABLE TO: PATRICK CLARK CONSULTING.

THANK YOU FOR YOUR BUSINESS!!!

1.2.B.a
Packet Pg. 30
Attachment: City of Ripon Invoice #20240309 (4193 : Patrick Clark Consulting)

DETAILS
Date Hours
_________________________________________________________________________ February 4h 30m
_________________________________________________________________________ 2/26/24 4h 30m
Negotiations RPOA/RSA & OE3, travel.
_________________________________________________________________________ _________________________________________________________________________ Totals 4h 30m
$1,125.00

1.2.B.a
Packet Pg. 31
Attachment: City of Ripon Invoice #20240309 (4193 : Patrick Clark Consulting) Bill To

INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2024-0242
03/15/2024
$ 268,315.00
CRI090
2023/2024 4TH QUARTER DEPOSITS

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
800.541.4591
916.244.1199 Fax
04/29/2024
Workers' Compensation Program 159,138.00
Liability Program 109,177.00
TOTAL AMOUNT DUE $268,315.00
Please make check payable to CSJVRMA and remit payment to the above address.

Delinquent amounts shall be assessed at the rate of 1.5% per month simple interest computed daily.

CSJVRMA ACCEPTS ELECTRONIC PAYMENTS
To obtain ACH/wiring instructions, please contact Jim Elledge, Finance Manager.

[email protected] ~ (916) 244-1124 (Direct)

1.2.C.a
Packet Pg. 32
Attachment: RMA 2024-0242 Ripon (4194 : CSJVRMA 2023/2024 4th Quarter)

1.2.D.a
Packet Pg. 33
Attachment: Banc of America WasteWater payment (4197 : Banc of America - 2011 Waste Water Bonds)

1.2.D.a
Packet Pg. 34
Attachment: Banc of America WasteWater payment (4197 : Banc of America - 2011 Waste Water Bonds)

1.2.D.a
Packet Pg. 35
Attachment: Banc of America WasteWater payment (4197 : Banc of America - 2011 Waste Water Bonds) Energy Storage Response Group, LLC
PO Box 12639
Columbus, OH 43212
[email protected]

INVOICE

BILL TO
City of Ripon
259 North Wilma Rd
Ripon, CA 95366
INVOICE # 2105
DATE 11/27/2023
DUE DATE 12/27/2023
TERMS Net 30

PROJECT NAME
Ripon Reliability BESS

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
** Code Review Safety Documents Review 1 15,000.00 15,000.00 BALANCE DUE $15,000.00

1.2.E.a
Packet Pg. 36
Attachment: Invoice_2105_from_Energy_Storage_Response_Group_LLC (4210 : Broadreach Power - ESRG Invoice) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 13
DATE: 3/31/2024
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $9,137,798.24 LESS RETENTION: $456,889.92
APPROVED CONTRACT CHANGES: $548,701.00 PREVIOUSLY PAID AMOUNT: $8,680,908.32 CURRENT INVOICED AMOUNT: $732,398.00
LESS RETENTION: $36,619.90
TOTAL CONTRACT AMOUNT: $11,704,701.00 CURRENT AMOUNT DUE: $695,778.10 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $9,870,196.24 LESS RETENTION: $493,509.81
TOTAL PAID TO DATE: $9,376,686.43

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $1,834,504.76
Approx. % Complete: 84%
Work completed includes submittals, erosion control, landscaping, structural steel, doors and framing, glazing, tile work, painting, toilet and bath accessories, equipment install, metal building install, and electrical install.

INVOICE SUMMARY
Project consists of a new maintenance and operations building and vehicle wash for the City of Ripon Public Works Dept., including a repair and machine shop, office spaces, restrooms and locker rooms.

CONTRACT INFORMATION BILLING INFORMATION

1.2.F.a
Packet Pg. 37
Attachment: Invoice 13_Diede Construction, Inc (4201 : Diede Construction, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
Christiana Giedd
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
INVOICE # 52397
DATE 03/01/2024
DUE DATE 03/31/2024
TERMS Net 30

PROJECT
Lower Stanislaus River Multi-Use Trail Project

PERIOD DESCRIPTION QTY RATE AMOUNT
03/01/2024 Principal 1.50 200.00 300.00
03/01/2024 WP and
Graphics
9 100.00 900.00
Prepare for and conduct California Environmental
Quality Act (CEQA) public review process.

Services through the invoice date. Thank you. We
appreciate your business.

BALANCE DUE $1,200.00

1.2.G.a
Packet Pg. 38
Attachment: Invoice 52397_BaseCamp Environmental, Inc (4202 : BaseCamp Environmental, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52410
DATE 03/01/2024
DUE DATE 03/31/2024
TERMS Net 30

PROJECT
Ripon Electrical Vehicle (EV) Charging Staion

PERIOD DESCRIPTION QTY RATE AMOUNT
03/01/2024 Principal 1.25 225.00 281.25
Services through the invoice date. Preparation of
Visual Impact checklist as required by Caltrans
Environmental Dept. Thank you. We appreciate
your business.

BALANCE DUE $281.25

1.2.G.b
Packet Pg. 39
Attachment: Invoice 52410_BaseCamp Environmental, Inc (4202 : BaseCamp Environmental, Inc.) INVOICE Page 1 of 2
Invoice Number 2211794
Invoice Date March 25, 2024
Customer Number 84626
Project Number 184030139
Net Due in 30 Days or in accordance with terms of the contract Bill To
City of Ripon, CA
Accounts Payable
259 N Wilma Avenue
Ripon CA 95366
United States
Please Remit To
Stantec Consulting Services Inc. (SCSI)
13980 Collections Center Drive
Chicago IL 60693
United States
Federal Tax ID
11-2167170
Project Description: RIPN03-002 - City of Ripon GW Monitoring Reporting Stantec Project Manager: Butler, Thomas W
Authorization No: Change Order No.10
Authorization Date: March 1, 2022
Authorization Amount: $11,450.00
Authorization Previously Billed: $4,125.00
Authorization Billed to Date: $11,169.00
Current Invoice Due: $7,044.00
For Period Ending: March 1, 2024
Reporting Cycle: 2023
2023 Q1-Q4: Included in Change Order #10
Email invoices to: Carla Rodriguez / [email protected] Work completed this period involved production of the 3th and 4th quarter/annual GW monitoring reports.

1.2.H.a
Packet Pg. 40
Attachment: Invoice 2211794_Stantec (4203 : Stantec Consulting Services, Inc.) INVOICE Page 2 of 2
Invoice Number 2211794
Project Number 184030139

Top Task 223 2023 Reporting
Low Task 223.003 3rd Quarter Report (2023)
Professional Services
Category/Employee Hours Rate Current
Amount
Butler, Thomas W 8.50 250.00 2,125.00

8.50 2,125.00
Professional Services Subtotal 8.50 2,125.00
Low Task 223.003 Subtotal 2,125.00
Low Task 223.004 4th Quarter/Annual Report (2023)
Professional Services
Category/Employee Hours Rate Current
Amount
Butler, Thomas W 6.00 250.00 1,500.00
Butler, Thomas W 13.00 263.00 3,419.00

19.00 4,919.00
Professional Services Subtotal 19.00 4,919.00
Low Task 223.004 Subtotal 4,919.00
Top Task 223 Total 7,044.00
Total Fees & Disbursements $7,044.00
INVOICE TOTAL (USD) $7,044.00

1.2.H.a
Packet Pg. 41
Attachment: Invoice 2211794_Stantec (4203 : Stantec Consulting Services, Inc.)

INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Christiana Giedd
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TK88414
Terracon Consultants, Inc.

PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:

To:

NA191172B
$77,265.00
3/20/2024
3/16/2024
Project Number:

Billed to Date:

Invoice Date:

Services Through:

Project: Fleet Maintenance Facility
240 Doak Blvd
Ripon, CA
Materials Testing & Inspection Services
Date Report Description of Services Quantity Rate Total 3/13/24 NA191172B.0110 Anchor Installation Inspection 6.00 $86.00 $516.00 3/13/24 NA191172B.0110 Daily Report Fee 1.00 $95.00 $95.00 3/13/24 NA191172B.0110 Trip Charge (ea) 1.00 $80.00 $80.00 Invoice Total $691.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 3/20/2024 Page 1 of 1 Client #396776

1.2.I.a
Packet Pg. 42
Attachment: Invoice TK88414_Terracon (4204 : Terracon Consultants, Inc.) Invoice Summary
Description Amount
Trash Implementation Plan $4,005.00
Trash Implementation Plan Expenses $197.28
Description Total Budget Remaining
Budget ($)
Total Billed ($) Prior Billing ($) This Invoice
($)
Trash Implementation Plan $19,500.00 $15,212.72 $4,287.28 $85.00 $4,202.28 BUDGET TOTALS $19,500.00 $15,212.72 $4,287.28 $85.00 $4,202.28 TOTAL AMOUNT DUE $4,202.28
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 4/1/24
Due Date: 5/1/24
Total Amount: $4,202.28
Number: 02377
Invoice Period: 03/01/24 - 03/31/24
Terms: Net 30
Project Code: 045
WalletLink Pay Invoice

1.2.J.a
Packet Pg. 43
Attachment: 2024.04.01 Invoice (4207 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Professional Fees
Aleida
Hernan
dez
3/29/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Entering data entry forms. 1.00 $85.00 $85.00
Aleida
Hernan
dez
3/4/24 Administration
Assistance -
Billable
Trash
Implementation Plan
Typing up Notification Letter. 0.75 $85.00 $63.75
Administration Assistance - Billable 1.75 $148.75
Bob
Legge
3/29/2
4 Technical
Professional
Services I
Trash
Implementation Plan
Email exchanges with Kevin at City
of Ripon, Reviewing Trash
Assessment Forms and Maps,
Ground truthed photos with
assessment forms, uploaded
photos into folders, uploaded
folders into Ripon SharePoint

5.00 $165.0
0 $825.00
Bob
Legge
3/27/2
4 Technical
Professional
Services I
Trash
Implementation Plan
Review trash assessment
segments, organize and group
segments, train Kevin on how to
conduct assessments.Conduct
assessments.

8.25 $165.0
0 $1,361.
25 Technical Professional Services I 13.25 $2,186.
25 Colleen
Hunt
3/26/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Ripon field work prep; internal
communications with staff on field
work instructions.

1.00 $185.0
0 $185.00
Colleen
Hunt
3/25/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Build assessment frame. 2.00 $185.0
0 $370.00
Colleen
Hunt
3/18/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Assessment scheudling and
coordination.

0.25 $185.0
0 $46.25
Colleen
Hunt
3/14/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Build assessment frame. 1.50 $185.0
0 $277.50
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 4/1/24
Due Date: 5/1/24
Total Amount: $4,202.28
Number: 02377
Invoice Period: 03/01/24 - 03/31/24
Terms: Net 30
Project Code: 045
WalletLink

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Attachment: 2024.04.01 Invoice (4207 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Colleen
Hunt
3/6/24 Technical
Professional
Services II
Trash
Implementation Plan
Follow up to trash track change
letter.

0.25 $185.0
0 $46.25
Colleen
Hunt
3/5/24 Technical
Professional
Services II
Trash
Implementation Plan
Draft track change letter; distribute
to client.

1.00 $185.0
0 $185.00
Colleen
Hunt
3/4/24 Technical
Professional
Services II
Trash
Implementation Plan
Internal communication on tasks. 0.50 $185.0
0 $92.50
Technical Professional Services II 6.50 $1,202.
50 Bob
Legge
3/27/2
4 Travel Trash
Implementation Plan
Drive time from Windsor to Ripon,
around Ripon and return to Windsor
for purposes of trash assessments.

5.50 $85.00 $467.50
Travel 5.50 $467.50
Professional Fees 27.00 $4,005.
00 Reimbursable Expenses
Bob
Legge
3/27/2
4 Travel:Mileage Trash
Implementation Plan
Mileage from residence in Windsor
to Ripon, around Ripon and return
to residence for purposes of
conducting trash assessments
284.0
0 $0.67 $190.28
Travel:Mileage -- $190.28
Bob
Legge
3/27/2
4 Travel:Other Trash
Implementation Plan
Benicia Bridge Toll -- $0.00 $7.00
Travel:Other -- $7.00
Reimbursable Expenses 284.0
0 $197.28
TOTAL FEES/EXPENSES -- $4,202.
28 Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 4/1/24
Due Date: 5/1/24
Total Amount: $4,202.28
Number: 02377
Invoice Period: 03/01/24 - 03/31/24
Terms: Net 30
Project Code: 045
WalletLink

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Attachment: 2024.04.01 Invoice (4207 : Stone Creek Environmental Consulting)

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Attachment: Invoice 29777_WGR (4211 : WGR Southwest, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 04/09/2024
Subject: SJCOG Annual Financial Plan
This resolution accepts the San Joaquin Council of Governments’ annual financial plan that describes the proposed transportation planning activities for fiscal year 2024-2025.

Attachments:

1. SJCOG_AFP

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RESOLUTION NO. 24-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING THE SAN JOAQUIN COUNCIL OF
GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL
YEAR 2024-2025 ADOPTED BY THE COG BOARD ON
MARCH 28, 2024
WHEREAS, the San Joaquin Council of Governments’ Annual Financial Plan for fiscal year 2024-2025 was adopted by the COG Board on March 28, 2024; and WHEREAS, pursuant to the COG’s Joint Powers Agreement, following adoption of the budget by the COG Board, it is to be delivered to member agencies for ratification by each governing body; and
WHEREAS, the San Joaquin Council of Governments’ Annual Financial Plan has been filed with the City of Ripon.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon accepts the San Joaquin Council of Governments’ Annual Financial Plan for fiscal year 2024- 2025.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of April, 2024, by the following vote:

RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER:Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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SAN JOAQUIN COUNCIL OF GOVERNMENTS

555 E. Weber Avenue • Stockton, California 95202 • P 209.235.0600 • F 209.235.0438 • www.sjcog.org David Bellinger
CHAIR
Diane Lazard

VICE-CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF SAN

JOAQUIN
April 2, 2024
Kevin Werner
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
Dear Mr. Werner:

On March 28, 2024 the SJCOG Board adopted the Annual Financial Plan for FY 2024-25. Attached is the board staff report as well as a copy of the adopting resolution. Pursuant to SJCOG's Joint Powers Agreement, following adoption of the budget by the SJCOG Board, it is to be delivered to member agencies for ratification by each governing body. Approval by a majority of the governing bodies representing 55% or more of the county's population is considered ratification.

Therefore, SJCOG requests you place SJCOG's Annual Financial Plan for FY 2024-25 on a forthcoming agenda prior to June 30, 2024, for ratification.

The Annual Financial Plan implements the FY 2024-25 Overall Work Program (OWP) that was also adopted by the SJCOG Board on March 28, 2024.

The attached excerpt of the Annual Financial Plan (AFP) provides a summary of revenues and expenditures by cost category and line item comparing the approved FY 2024-25 budgets with the current year (FY 2023-24) adopted budget, as most recently amended, along with FY 2022-23 actual expenditures. Revenues and expenditures total $48,303,601.00. The approved AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program (OWP), however, presented in a traditional line-item format compared to the work element format of the OWP.

Readers should note several differences between SJCOG and its member agencies’ budgets:
• SJCOG revenue sources are quite different from our member agencies. • SJCOG employs staff on an at-will basis, vis-à-vis civil service and has its own employee handbook and policies.
• SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
• SJCOG employees are exempted from Social Security except for Medicare. • As noted below, SJCOG offers a defined contribution retirement plan to its employees. SJCOG has no CalPERS or post employments benefit obligations except limited sick leave conversion as noted.

The following assumptions are incorporated in the budget:

1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.

2. The AFP anticipates SJCOG to be fully staffed. The budget includes a 7.00 % pool that can be drawn upon for merit-based increases and potential promotions. The full impact of that pool is incorporated into the salary-driven benefits (retirement, Medicare, disability).

3. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by the International City Managers Association Retirement Program (Mission Square Retirement).
b. SJCOG employee vacation accruals are capped at two times the individual’s annual leave.
c. Upon separation with 50 years of age or 20 years of SJCOG employment, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health-related expenses. The conversion is based upon the employee’s salary at retirement.

DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) SJCOG staff would be pleased to appear before your policymakers to answer any questions they might have regarding this matter. We request ratification prior to June 30, 2024. Please let me know when this will be on your agenda. If you have any questions regarding this matter, don't hesitate to contact me at (209) 235-0584.

Thank you for your assistance.

Sincerely,

STEVE DIAL
Deputy Executive Director/Chief Financial Officer
Attachments:

R-24-24
FY 2024-25 Annual Financial Plan Staff Report
FY 2024-25 Annual Financial Plan Board Summary
DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) DocuSign Envelope ID: 3433DEA0-4B18-4190-BE15-A8077748EE36

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Attachment: SJCOG_AFP (24-8 : SJCOG Annual Financial Plan) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 04/09/2024
Subject: Fleet Maintenance Facility Change Order 10
RECOMMENDED ACTION:

Approve Change Order No. 10 for installation of gas and communication conduits across Doak Boulevard in the not to exceed amount of $70,966.50 (funding sources: Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).

BACKGROUND:

The Fleet Maintenance Facility Project was awarded to Diede Construction, Inc. at the December 13, 2022 City Council meeting for an amount of $11,156,000. The Fleet Maintenance Facility Project will involve the construction of a 12,500 square foot maintenance building and parking lot.

At the March 14, 2023 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $288,622 for raising the elevation of the existing berm at the Wastewater Treatment Plant disposal ponds in order to provide additional storage capacity.

At the June 13, 2023 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $1,466 for additional survey staking.

At the July 26, 2023 City Council meeting, Council approved Change Order No. 3 in the not to exceed amount of $132,150 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements.

At the August 8, 2023 City Council meeting, Council approved Change Order No. 4 in the not to exceed amount of $4,889 for countertop leg panels, additional concrete for sidewalk, and filling an underground concrete pipe.

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At the September 12, 2023 City Council meeting, Council approved Change Order No. 5 in the not to exceed amount of $62,905 for various contract changes related to unforeseen field conditions, electrical design changes, and new Modesto Irrigation District (MID) requirements.

At the November 14, 2023 City Council meeting, Council approved Change Order No. 6 in the not to exceed amount of $10,424 for an additional structural column, addition of power to electric trap primers, modifying existing storm drain manhole elevation, and piping credit.

At the December 12, 2023 City Council meeting, Council approved Change Order No. 7 in the not to exceed amount of $26,385 for additional grading and paving, restroom wall tile changes, fixture credit, and doorframe and hardware changes.

At the February 13, 2024 City Council meeting, Council approved Change Order No. 8 in the not to exceed amount of $11,920 for flagpole modifications, electric vehicle charging station conduit, and a credit for the removal of skylights from the contract.

At the March 12, 2024 City Council meeting, Council approved Change Order No. 9 in the not to exceed amount of $9,940 for electrical additions to power flush valves and a credit for omitted landscaping and an error on Change Order No. 8.

DISCUSSION:

The Fleet Maintenance Facility Project has the following contract changes:

PG&E Gas Conduit: The PG&E gas service point of connection location for the facility is further than what was shown on the original drawings and will need to extend across the entire width of Doak Boulevard; this will include additional trenching, piping, backfilling, road repair work, sidewalk repair and traffic control. The additional cost related to this change is $55,819.50.

Communication Conduit: Conduit for the communication lines will also need to be installed across the entire width of Doak Boulevard in order to provide service to the facility. This change will coincide with the above mentioned gas conduit change. The additional cost related to this change is $15,147.

The additional work is to be billed at a cost not to exceed $70,966.50 FISCAL IMPACT:

The attached Change Order No. 10 is in the amount of $70,966.50 and will be allocated to the Corp Yard AB1600 Fund (47.0%), Water, Sewer and Storm Enterprise Capital Funds (15.8%) and General Capital Fund (37.2%). The amended construction contract price is shown in Table 1.

Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-10) $ 619,667.50
Current Contract Price $ 11,775,667.50

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On December 13, 2022, City Council approved the total cost of the Fleet Maintenance Facility Project which included $1,115,600 for construction contingency. Change Order No. 1 did not utilize the project contingency because the work was performed at the Wastewater Treatment Plant disposal ponds. The total remaining contingency after subtracting Change Orders No. 2 through 9 is $855,521.

Attachments:

1. CO 10

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CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 10 DATE: 4/9/2024
PROJECT: Fleet Maintenance Facility Project SHEET 1 OF 1 SHEETS TO: Diede Construction, Inc.

NOTE: This change order is not effective until approved by the CITY ENGINEER.

Description Cost
Addition of the following items:

Gas Conduit across Doak PC #55 $55,819.50
Communication Conduit across Doak #55.1 $15,147.00
Total: $70,966.50
Not to Exceed Cost: Increase
Approval Recommended: Date:

Approved: Date:

Accepted, Date _____________________ Contractor
By ___________________________________ Title
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.

Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Change requested by the Engineer.

If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

All work shall be in accordance with City Standards.

Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$70,966.50
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 0 Calendar Day

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Attachment: CO 10 (4199 : Fleet Maintenance Facility Change Order 10) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 04/09/2024
Subject: Mitigated Negative Declaration Environmental Doc RECOMMENDED ACTION:

Adopt the Mitigated Negative Declaration for the Lower Stanislaus River Bike Trail project and direct staff to file the Notice of Determination.

BACKGROUND:

This document is an Initial Study/Mitigated Negative Declaration (IS/MND) for the Lower Stanislaus River Trail Project (project) in Ripon, California. The project site is located along and north of the Stanislaus River in the southern portion of Ripon (See figure 1 below). This IS/MND has been prepared in compliance with the requirements of the California Environmental Quality Act (CEQA). For the purposes of CEQA, the City of Ripon (City) is the Lead Agency for the project.

The project proposes to apply a 2.5-inch asphalt surface and aggregate base material to approximately 11,380 linear feet of existing dirt paths along the north bank of the Stanislaus River. The project would complete an existing Class 1 bike/walking path. The proposed paving work would occur on two segments:
1) From the existing bicycle path east of the State Route (SR) 99 bridges westerly to an existing paved trail near the end of South Stockton Avenue, and 2) From the end of Jack Tone Road westerly to the southwestern corner of the Jack Tone Golf Course.

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Figure 1
Attachments:

1. FINAL ISMND 3_27_24

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FINAL
INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION

FOR THE
LOWER STANISLAUS RIVER BIKE TRAIL PROJECT
Ripon, CA
MARCH 2024
Prepared for:

City of Ripon
259 Wilma Avenue
Ripon, CA 95366
Prepared by:

BaseCamp Environmental, Inc.
802 W. Lodi Avenue
Lodi, CA 95240

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) FINAL
INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION

FOR THE
LOWER STANISLAUS RIVER BIKE TRAIL PROJECT
Ripon, CA
MARCH 2024
Prepared for:

CITY OF RIPON
259 Wilma Avenue
Ripon, CA 95366
209-599-2108
Prepared by:

BaseCamp Environmental, Inc.
802 W. Lodi Avenue
Lodi, CA 95240
209-224-8213
www.basecampenv.com

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) ii
FINAL

INITIAL STUDY/

MITIGATED NEGATIVE DECLARATION
for the

LOWER STANISLAUS RIVER BIKE TRAIL PROJECT
April 2024

INTRODUCTORY NOTES
A Public Review Draft IS/MND was prepared by the City of Ripon, the Lead Agency for the project, and posted and distributed for public and agency review as required by the California Environmental Quality Act (CEQA). The public review extended from February 13, 2024, to March 14, 2024. The distribution list, legal notices and other information related to the public review period are shown in Appendix D of this document.

The City of Ripon received four comment letters on the on the Lower Stanislaus River Bike Trail IS/MND, which are shown in Appendix E; these comments are discussed briefly below:

Comment #1: San Joaquin Council of Governments Habitat Conservation Plan – The comment acknowledged the receipt of the document and indicated the project would be covered by the SJMSCP. This subject was addressed in the Public Review Draft IS/MND.

The comment did not raise any substantive environmental concerns that were not addressed in the Public Review Draft IS/MND. No response is needed.

Comment #2: PG&E – The comment states that the proposed project does not interfere with existing PG&E facilities or service. No response is needed.

Comment #3: Central Valley Regional Water Quality Control Board – The RWQCB submitted a letter outlining the State’s various water quality requirements that may apply to the project. The letter makes no specific reference to the project or the CEQA document and therefore requires no response.

Comment #4: San Joaquin Valley Air Pollution Control District – The comment made various air quality recommendations but no comment on the CEQA document itself. The APCD’s recommendations will be considered by the City staff and City Council during review of the project. No response is needed.

As discussed above, the comments received by the City do not warrant any changes to the Public Review Draft IS/MND, and no responses to these comments are needed; therefore, the unchanged Public Review Draft IS/MND makes up the remainder of this Final IS/MND. The Final IS/MND together with the comments received will be considered and adopted by the City of Ripon prior to action on the project.

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

CITY OF RIPON

COMMUNITY DEVELOPMENT DEPARTMENT
259 N. WILMA AVENUE
RIPON, CA 95366

NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Ripon has prepared an Initial Study (IS) of environmental effects and intends to adopt a Mitigated Negative Declaration (MND) for the Lower Stanislaus River Bike Trail project. The City of Ripon is the Lead Agency for this project under the California Environmental Quality Act (CEQA).

The project proposes to apply an asphalt surface on approximately 9,260 linear feet of existing dirt paths through recreational lands along the Stanislaus River.

The IS/MND analyzes the potential environmental effects of the project in accordance with CEQA and the State CEQA Guidelines. Based on this analysis, the IS/MND finds that the project will not involve any significant environmental effects, provided that the mitigation measures described in the IS/MND are implemented. The City has agreed to the mitigation measures and these measures will be adopted by the City of Ripon. There are no sites identified under Section 65962.5 of the Government Code located on or near the project site.

Copies of the IS/MND are available for public review at the Community Development Department at the address shown below and at the City’s website:
https://www.cityofripon.org/city_hall/departments/engineering The City will accept public and agency comments on the IS/MND during a 30-day review period that will begin on February 13, 2024 and end on March 14, 2024. Comments may be submitted by mail or e-mail as shown below:

City of Ripon
Engineering Department
Attn: Christiana Giedd, Senior Civil Engineer
259 N. Wilma Avenue
Ripon, Ca 93665
[email protected]
After completion of the public review, the City Council will consider adoption of the IS/MND and approval of the proposed project at their regularly scheduled meeting on April 8, 2024, at 6:00 p.m., at the address shown above.

Christiana Giedd, Senior Civil Engineer
City of Ripon

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) ii
TABLE OF CONTENTS
Page
Notice of Intent i
Mitigated Negative Declaration vi
Chapter 1.0 INTRODUCTION 1-1

1.1 Project Brief 1-1

1.2 Purpose of Initial Study 1-1

1.3 Project Background 1-2

1.4 Environmental Evaluation Checklist Terminology 1-3

1.5 Summary of Environmental Effects and Mitigation Measures 1-4 Chapter 2.0 PROJECT DESCRIPTION 2-1

2.1 Project Location 2-1

2.2 Project Details 2-1

2.3 Permits and Approvals 2-2
Chapter 3.0 ENVIRONMENTAL CHECKLIST FORM 3-1

3.1 Aesthetics 3-1

3.2 Agriculture and Forestry Resources 3-3

3.3 Air Quality 3-5

3.4 Biological Resources 3-10

3.5 Cultural Resources 3-20

3.6 Energy 3-23

3.7 Geology and Soils 3-24

3.8 Greenhouse Gas Emissions 3-28

3.9 Hazards and Hazardous Materials 3-30

3.10 Hydrology and Water Quality 3-33

3.11 Land Use and Planning 3-36

3.12 Mineral Resources 3-38

3.13 Noise 3-39

3.14 Population and Housing 3-41

3.15 Public Services 3-42

3.16 Recreation 3-43

3.17 Transportation 3-44

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) iii

3.18 Tribal Cultural Resources 3-46

3.19 Utilities and Service Systems 3-48

3.20 Wildfire 3-50

3.21 Mandatory Findings of Significance 3-52
Chapter 4.0 REFERENCES 4-1

4.1. Document Preparers 4-1

4.2 Documents Cited 4-1

4.3 Persons Consulted 4-4
Chapter 5.0 Notes Related to Evaluations of Environmental Impacts 5-1

APPENDICES
A. Air Quality Modeling Results
B. Biological Assessment
C. Cultural Resource Report

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) iv

LIST OF TABLES
1-1 Summary of Environmental Impacts and Mitigation Measures 1-9 3-1 San Joaquin Valley Air Basin Attainment Status 3-6
3-2 SJVAPCD Significance Thresholds and Project Emissions 3-8 3-3 Special-Status Species and Potential for Occurrence 3-12

LIST OF FIGURES
1-1 Regional Location Map 1-5
1-2 Street Map 1-6
1-3 USGS Map 1-7
1-4 Aerial Photo 1-8
2-1 Proposed Eastern Segment 2-4
2-2 Proposed Western Extension 2-5
2-3 Trail Cross Sections 2-6

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) v

LIST OF ACRONYMS AND ABBREVIATIONS USED IN THIS DOCUMENT AB Assembly Bill
ARB California Air Resources Board
BMP Best Management Practice
Cal Fire California Department of Forestry and Fire Protection CALGreen California Green Building Standards Code
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CNDDB California Natural Diversity Data Base
CO carbon monoxide
CO2e carbon dioxide equivalent
Corps U.S. Army Corps of Engineers
dBA A-weighted decibel
EIR Environmental Impact Report
EPA U. S. Environmental Protection Agency
FEMA Federal Emergency Management Agency
GHG greenhouse gas
IPaC Information for Planning and Consultation
IS/MND Initial Study/Mitigated Negative Declaration
ITMM Incidental Take Minimization Measure
LOS Level of Service
NAHC Native American Heritage Commission
NOx nitrogen oxides
PM10 particulate matter 10 micrometers or less in diameter PM2.5 particulate matter 2.5 micrometers or less in diameter RCEM Road Construction Emissions Model
ROG reactive organic gases
SB Senate Bill
SJCOG San Joaquin Council of Governments
SJVAPCD San Joaquin Valley Air Pollution Control District SJMSCP San Joaquin County Multi-Species Habitat Conservation and Open Space Plan
SR State Route
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
USFWS U.S. Fish and Wildlife Service
VMT vehicle miles traveled

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) vi
MITIGATED NEGATIVE DECLARATION
A. General Project Information
Project Title: Lower Stanislaus River Bike Trail
Lead Agency Name and Address: City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Contact Person and Phone Number: Christina Giedd, P.E.
209-599-2108
Project Location: Adjacent to Stanislaus River in Ripon, California Project Sponsor Name and Address: City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
General Plan Designation: RR (Resource Reserve), MS (Municipal Service), and CR (Commercial Recreation)
Zoning: RC (Resource Conservation), PS (Public, SemiPublic), and C5 (Commercial, Recreation) Project Description: The project proposes to apply an asphalt surface on approximately 11,380 linear feet of existing dirt
paths along the north bank of the Stanislaus River.

The project would extend an existing Class 1
bike/walking path in the southern portion of the
City of Ripon. Paving work would occur on two
segments of existing trail: The eastern segment
would extend east (upriver) from the existing Class
1 path to another segment of existing bike path east
of State Route 99; the western segment would
extend west from the existing Class 1 path to the
southwestern corner of the Jack Tone Golf Course.

Pavement along both new segments would be 12
feet wide, except for approximately 206 linear feet
of the eastern segment that would be 8 feet wide.

Surrounding Land Uses and Setting: The project site is along the north bank of the Stanislaus River. The eastern segment passes
through an open space area with an oak tree canopy
and passes beneath the State Route 99 bridge over

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the Stanislaus River before joining the existing trail
segment east of SR 99. The existing Ripon
Cogeneration plant is adjacent to this section. The
western segment passes by the Jack Tone Golf
Course and ponds that are part of the City’s
wastewater treatment facility. The Stanislaus River
riparian area is adjacent to and south of the western
segment.

Other Public Agencies Whose
Approval is Required: None
Have California Native American No consultation specific to this project requested. tribes traditionally and culturally
affiliated with the project area
requested consultation pursuant to
Public Resources Code Section
21080.3.1? If so, has consultation
begun?
B. Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” prior to mitigation, as indicated by the checklist on the following pages.

Aesthetics Agriculture/Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas
Emissions
Hazards/Hazardous
Materials
Hydrology/Water
Quality
Land Use Mineral Resources
Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service
Systems
Wildfire Mandatory Findings of
Significance

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C. Lead Agency Determination
On the basis of this initial evaluation:
⬜ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
⬜ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
⬜ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ⬜ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

CITY OF RIPON

Kevin Werner, City Manager Date

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1.0 INTRODUCTION

1.1 Project Brief
This document is an Initial Study/Mitigated Negative Declaration (IS/MND) for the Lower Stanislaus River Trail Project (project) in Ripon, California. The project site is located along and north of the Stanislaus River in the southern portion of Ripon (Figures 1-1 to 1- 5). This IS/MND has been prepared in compliance with the requirements of the California Environmental Quality Act (CEQA). For the purposes of CEQA, the City of Ripon (City) is the Lead Agency for the project.

The project proposes to apply a 2.5-inch asphalt surface and aggregate base material to approximately 11,380 linear feet of existing dirt paths along the north bank of the Stanislaus River. The project would complete an existing Class 1 bike/walking path. The proposed paving work would occur on two segments: 1) from the existing bicycle path east of the State Route (SR) 99 bridges westerly to an existing paved trail near the end of South Stockton Avenue, and 2) from the end of Jack Tone Road westerly to the southwestern corner of the Jack Tone Golf Course. The project would require site plan/design review approval by the City of Ripon, San Joaquin County, the California Department of Transportation (Caltrans), Union Pacific Railroad and the U.S. Army Corps of Engineers, and a buffer reduction by the Habitat Technical Advisory Committee of the San Joaquin Council of Governments (SJCOG) administrator of the San Joaquin County Open Space and Habitat Conservation Plan; SJCOG approval was obtained in March 2021.

1.2 Purpose of Initial Study
CEQA requires that public agencies consider and document the potential environmental effects of the agency’s actions that meet CEQA’s definition of a “project.” Briefly summarized, a “project” is an action that has the potential to result in direct or indirect physical changes in the environment. A project includes the agency’s direct activities as well as activities that involve public agency approvals or funding. Guidelines for an agency’s implementation of CEQA are found in the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

Provided that a project is not exempt from CEQA, the first step in the agency’s consideration of its potential environmental effects is the preparation of an Initial Study.

The Initial Study evaluates whether the project would involve “significant” environmental effects as defined by CEQA and identifies feasible mitigation measures that would avoid significant effects or reduce them to a level that would be less than significant. If the Initial Study does not identify significant effects, or if it identifies mitigation measures that would reduce all the significant effects of the project to a less-than-significant level, then the agency prepares a Negative Declaration or Mitigated Negative Declaration. If the project involves significant effects that cannot be readily mitigated, then the agency must prepare

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 1-2 March 2024 an Environmental Impact Report (EIR). The agency may also decide to proceed directly with the preparation of an EIR without preparation of an Initial Study.

The proposed project is a “project” as defined by CEQA and is not exempt from CEQA consideration. The City has determined that the project involves the potential for significant environmental effects and requires preparation of this Initial Study. The Initial Study describes the proposed project and its environmental setting, it discusses the potentially significant environmental effects of the project, and it identifies feasible mitigation measures that would avoid the potentially significant environmental effects of the project or reduce them to a level that would be less than significant. The Initial Study considers the project’s potential for significant environmental effects in the following subject areas:
● Aesthetics
● Agricultural Resources
● Air Quality
● Biological Resources
● Cultural Resources
● Energy
● Geology and Soils
● Greenhouse Gas Emissions
● Hazards and Hazardous
Materials
● Hydrology and Water Quality
● Land Use and Planning
● Mineral Resources
● Noise
● Population and Housing
● Public Services
● Recreation
● Transportation/Traffic
● Tribal Cultural Resources
● Utilities and Service Systems
● Wildfire
● Mandatory Findings of
Significance
The Initial Study concludes that the project would have potentially significant environmental effects, but that recommended mitigation measures would reduce all these effects to a level that would be less than significant. As of the distribution of the IS/MND for public review, the City intends to implement all of the recommended mitigation measures. This decision will be formally ratified upon adoption of the Negative Declaration by the City Council. As a result, the City has prepared a Mitigated Negative Declaration and notified the public of the City’s intent to adopt the Initial Study/Mitigated Negative Declaration. A copy of the City’s Notice of Intent, which indicates the time available for comment, is inside the cover of this document.

1.3 Project Background
The project is located along the Stanislaus River, which forms the southern boundary of Ripon and divides San Joaquin County from Stanislaus County. Through the City of Ripon, a mostly undisturbed riparian forest lines both the north and south banks of the river. The river is crossed only by the vehicle bridges at SR 99 and a pedestrian/bicycle bridge east of the SR 99 bridges. Land uses north of the Stanislaus River include a mix of recreational and industrial uses and open space areas. Notable land uses include the Ripon Cogeneration plant, the City’s wastewater treatment plant, and the Jack Tone Golf Course. Oak Grove Park is the most notable recreational and open space area in the project vicinity. The City

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 1-3 March 2024 has identified the Stanislaus River corridor as its most valuable natural resource because of the wide variety of wildlife and the numerous recreation opportunities it provides.

In October 1994, the City adopted its first ever Bicycle Route Master Plan, which proposed improvements that would initiate bicycle lanes, paths, and routes. The generally low traffic volumes make bicycle riding a popular recreational activity in Ripon. Today, the City is in the process of implementing the Master Plan. Currently, there are Class 1 bikeways along Santos Avenue, Hoff Drive, Jack Tone Road, Fulton Avenue, River Road, and Colony Road on the north side of SR 99 and along portions of Doak Boulevard on the south side of SR 99. Class 1 bike lanes have been delineated on South Jack Tone Road from West Main Street to Doak Boulevard and along sections of Doak Boulevard.

The project proposes to extend an existing Class 1 bikeway adjacent to and south of the City’s wastewater treatment plant to connect to another existing Class 1 bikeway adjacent to and east of SR 99; the proposed route has been established for more than 30 years. The sections proposed for improvement are east and west of the existing Class 1 bikeway; both unpaved sections are currently dirt trails approximately 8 feet in width. In 2004, the eastern section was sold to San Joaquin County and leased back to the City. The western section is owned and maintained by the City.

1.4 Environmental Evaluation Checklist Terminology
The project’s potential environmental effects are evaluated in the Environmental Evaluation Checklist shown in Chapter 3.0. The checklist includes a list of environmental considerations against which the project is evaluated. For each question, the City determines whether the project would involve: 1) a Potentially Significant Impact, 2) a Less Than Significant Impact with Mitigation Incorporated, 3) a Less Than Significant Impact, or 4) No Impact.

A Potentially Significant Impact occurs when there is substantial evidence that the project could involve a substantial adverse change to the physical environment; i.e., that the environmental effect may be significant, and mitigation measures have not been defined that would reduce the impact to a less than significant level. If there are one or more Potentially Significant Impacts identified in the Initial Study, an EIR is required.

An environmental effect that is Less Than Significant with Mitigation Incorporated is a Potentially Significant Impact that can be avoided or reduced to a level that is less than significant with the application of mitigation measures.

A Less Than Significant Impact occurs when the project would involve effects on an area of environmental concern, but the project would not involve a substantial adverse change to the physical environment and no mitigation measures are required.

A determination of No Impact is self-explanatory.

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 1-4 March 2024 Some existing regulatory requirements, including those established by the City and other agencies with jurisdiction, are routinely implemented in conjunction with new development and therefore function as measures that mitigate environmental impacts.

These requirements are described in this IS/MND as a part of the existing regulatory setting, along with how these requirements would tend to reduce or avoid the project’s environmental effects but are typically not listed as “mitigation measures” that require specific implementation and monitoring.

Where existing regulatory requirements are not adequate to reduce the project’s environmental impacts to a level that would be less than significant, this IS/MND recommends additional non-regulatory mitigation measures that are needed to reduce environmental impacts to less than significant. These mitigation measures are described in the appropriate technical section of Chapter 3.0 and are summarized in Table 1-1. As of the publication of the Notice of Intent for this project, these measures have been accepted by the City. In all cases for this project, these mitigation measures would avoid potentially significant impacts of the project or reduce them to a level that would be less than significant.

1.5 Summary of Environmental Effects and Mitigation Measures The pages following the figures contain Table 1-1, Summary of Impacts and Mitigation Measures. The table summarizes the results of the Environmental Checklist Form and associated narrative discussion of the project’s potential environmental effects in Chapter

3.0. The potential environmental impacts of the proposed project are summarized in the left-most column of this table. The projected level of significance of each impact without mitigation is indicated in the second column. Mitigation measures proposed to avoid or minimize significant environmental effects are shown in the third column, and the significance of the impact, after mitigation measures are applied, is shown in the fourth column.

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) BaseCamp
Figure 1-1
BaseCamp Environmental REGIONAL LOCATION MAP
Humboldt
San Diego Imperial
Orange
Riverside
San Bernardino
Ventura Los Angeles
Santa Barbara
Kern San Luis
Obispo
Inyo
Tulare
Kings Monterey
Fresno
San
Benito
Mono
Madera
Mariposa
Tuolumne
Calaveras
Amador
El Dorado
Sacramento
Alpine
Santa
Clara
San
Joaquin
Contra
Costa
Merced
Marin
Napa
Yolo
Solano
Sutter
Placer
Nevada
Sierra
Plumas
Glenn Butte
Lake
Mendocino
Tehama
Colusa Yuba
Sonoma
Stanislaus Alameda
Santa Cruz
San Mateo
San Francisco
www.csac.counties.org
RIPON

PROJECT SEGMENTS

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BaseCamp Environmental STREET MAP
SOURCE: Google Maps
SEGMENT 1
SEGMENT 2

1.4.D
Figure 1-3
BaseCamp Environmental USGS MAP
SEGMENT 2
SEGMENT 1

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BaseCamp Environmental AERIAL PHOTO
SOURCE: Google Maps
SEGMENT 2
SEGMENT 1

1.4.D
TABLE 1-1

SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-9 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures

3.1 AESTHETICS
a) Scenic Vistas NI None required -
b) Scenic Resources and Highways NI None required -
c) Visual Character and Quality NI None required -
d) Light and Glare NI None required -

3.2 AGRICULTURE AND FORESTRY RESOURCES
a) Agricultural Land Conversion NI None required -
b) Agricultural Zoning and Williamson Act NI None required - c, d) Forest Land Conversion and Zoning NI None required - e) Indirect Conversion of Farmland of Forest Land NI None required -

3.3 AIR QUALITY
a) Air Quality Plan Consistency LS None required -
b) Cumulative Emissions LS None required -
c) Exposure of Sensitive Receptors to Pollutants LS None required - d) Odors and Other Emissions NI None required

3.4 BIOLOGICAL RESOURCES
a) Special-Status Species LS None required -
b) Riparian and Other Sensitive Habitats PS BIO-1: Prior to the start of construction work, the City shall contact the California Department of Fish and Wildlife (CDFW) to determine if the project would be subject to LS

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SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-10 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures
jurisdiction under Fish and Game Code Sections 1600- 1616, including the need for a Streambed Alteration Agreement. If CDFW determines that the project is subject to jurisdiction under Fish and Game Code Sections 1600- 1616, then the City shall implement all required provisions as determined by CDFW, including the conditions of the Streambed Alteration Agreement if required.
c) State and Federal Jurisdictional Wetlands NI None required - d) Fish and Wildlife Movement PS BIO-2: If construction commences during the general avian nesting season (March 1 through July 31), a preconstruction survey for all species of nesting birds shall be conducted. If active nests for any bird species are found, work in the vicinity of the nests shall be delayed until the young have fledged. No surveys shall be required if construction occurs outside the general avian nesting season.

LS
e) Local Biological Requirements LS None required -
f) Conflict with Habitat Conservation Plans NI None required -

3.5 CULTURAL RESOURCES
a) Historical Resources LS None required -
b) Archaeological Resources PS CULT-1: If any subsurface cultural resources are encountered during construction of the project, the City of Ripon Engineering Department shall be notified and all construction activities within 50 feet of the encounter shall be halted until a qualified archaeologist can examine these materials and determine their significance. If the find is determined to be significant, then the archaeologist shall recommend further mitigation measures that would
reduce potential effects on the find to a level that is less LS

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SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-11 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures
than significant. Recommended measures may include, but are not limited to, 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended
mitigation measures, and documenting mitigation efforts in a written report to the City’s Engineering Department, consistent with the requirements of the CEQA Guidelines. c) Human Burials LS None required -

3.6 ENERGY
a) Project Energy Consumption LS None required -
b) Consistency with Energy Plans. NI None required -

3.7 GEOLOGY AND SOILS
a-i) Fault Rupture Hazards NI None required -
a-ii) Ground Shaking NI None required -
a-iii) Other Seismic Hazards LS None required -
a-iv) Landslides NI None required -
b) Soil Erosion PS GEO-1: Prior to commencement of construction activity, the developer shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the project and file a Notice of Intent with the State Water Resources Control Board (SWRCB) in compliance with the Construction General Permit and City of Ripon storm water
requirements. The SWPPP shall be available on the construction site at all times. The developer shall incorporate an Erosion Control Plan consistent with all LS

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SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-12 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures
applicable provisions of the SWPPP within the site improvement and building plans. The developer also shall submit the SWRCB Waste Discharger’s Identification Number to the City prior to approval of development or grading plans.
c) Geologic Instability NI None required -
d) Expansive Soils NI None required -
e) Adequacy of Soils for Wastewater Disposal NI None required - f) Paleontological Resources and Unique Geological
Features
PS GEO-2: If any subsurface paleontological resources are encountered during construction of the project, the City of Ripon Engineering Department shall be notified and all construction activities within 50 feet of the encounter shall be halted until a qualified paleontologist can examine these materials and determine their significance. If the find is determined to be significant, then the paleontologist shall recommend mitigation measures that would reduce
potential effects on the find to a level that is less than significant. Recommended measures may include, but are
not limited to, 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended
mitigation measures, and documenting mitigation efforts in a written report to the City’s Engineering Department, consistent with the requirements of the CEQA Guidelines.

LS

3.8 GREENHOUSE GAS EMISSIONS
a, b) Project GHG Emissions and Consistency with
GHG Reduction Plans
LS None required -

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SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-13 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures

3.9 HAZARDS AND HAZARDOUS MATERIALS
a) Hazardous Material Transport, Use, and Storage NI None required - b) Release of Hazardous Materials LS None required -
c) Hazardous Materials Releases near Schools NI None required - d) Hazardous Materials Sites NI None required -
e) Public Airport Operations NI None required -
f) Emergency Response and Evacuations NI None required - g) Wildland Fire Hazards LS None required -

3.10 HYDROLOGY AND WATER QUALITY
a) Surface Water Quality PS Mitigation Measure GEO-1. LS b) Groundwater Supplies and Recharge NI None required - c-i, ii, iii) Drainage Patterns LS None required -
c-iii) Runoff LS None required -
c-iv) Flood Flows NI None required -
d) Other Flooding Hazards NI None required -
e) Conflict with Water Quality or Groundwater
Plans
NI None required -

3.11 LAND USE AND PLANNING
a) Division of Established Communities NI None required -

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SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-14 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures
b) Conflicts with Plans, Policies and Regulations Mitigating Environmental Effects
LS None required -

3.12 MINERAL RESOURCES
a, b) Availability of Mineral Resources NI None required -

3.13 NOISE
a) Exposure to Noise Exceeding Local Standards PS NOISE-1: The City shall establish the following as conditions of approval for any permit that results in the use of construction equipment on the project site:
• Construction activities shall be limited to the hours from 7:00 a.m. to 7:00 p.m. on weekdays. No
construction work shall occur on weekends or on
federally recognized holidays.
• All construction equipment powered by internal
combustion engines shall be properly muffled and
maintained. Mufflers shall be installed in accordance with manufacturers’ specifications.
• In accordance with State regulations, idling of construction equipment shall be limited to no more than five minutes.

LS
b) Exposure to Groundborne Vibration or Noise NI None required - c) Public Airport and Private Airstrip Noise NI None required -

3.14 POPULATION AND HOUSING
a) Unplanned Population Growth NI None required -

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SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-15 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures
b) Displacement of Housing or People NI None required -

3.15 PUBLIC SERVICES
a) Fire Protection NI None required -
b) Police Protection NI None required -
c) Schools NI None required -
d, e) Parks and Other Public Facilities NI None required -

3.16 RECREATION
a) Increased Demand on Existing Facilities NI None required - b) New or Expanded Recreational Facilities LS None required -

3.17 TRANSPORTATION
a) Conflict with Transportation Plans, Ordinances
and Policies
NI None required -
b) Conflict with CEQA Guidelines Section
15064.3(b)
NI None required -
c) Transportation Hazards NI None required -
d) Emergency Access NI None required -

3.18 TRIBAL CULTURAL RESOURCES
a, b) Tribal Cultural Resources PS Mitigation Measure CULT-1. LS

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SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Lower Stanislaus River Bike Trail IS/MND 1-16 March 2024 LEGEND: NI = No Impact; LS = Less Than Significant; PS = Potentially Significant Potential Impact
Significance
Before Mitigation
Measures Mitigation Measures
Significance
After Mitigation
Measures

3.19 UTILITIES AND SERVICE SYSTEMS
a) Relocation or Construction of New Facilities NI None required - b) Water Systems and Supply NI None required -
c) Wastewater Treatment Capacity NI None required -
d, e) Solid Waste Services NI None required -

3.20 WILDFIRE
a) Emergency Response Plans and Emergency
Evacuation Plans
NI None required -
b) Exposure of Project Occupants to Wildfire
Hazards
NI None required -
c) Installation and Maintenance of Infrastructure LS None required - d) Risks from Runoff, Post-Fire Slope Instability, or
Drainage Changes
NI None required -

3.21 MANDATORY FINDINGS OF SIGNIFICANCE
a) Findings on Biological and Cultural Resources PS Mitigation measures in Sections 3.4 and 3.5. LS b) Findings on Individually Limited but
Cumulatively Considerable Impacts
NI None required -
c) Findings on Adverse Effects on Human Beings NI None required -

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2.0 PROJECT DESCRIPTION

2.1 Project Location
The project is located along the north bank of the Stanislaus River in southern Ripon in San Joaquin County (see Figures 1-1 to 1-5). The project site is shown on two 7.5-minute U.S. Geological Survey quadrangle maps: the Salida map within Sections 29-32, Township 2 South, Range 8 East, and the Ripon map within Sections 31 and 36, Township 2 South, Range 8 East, both Mt. Diablo Base and Meridian. The latitude and longitude at the beginning of trail Segment 1 is 37.7293 degrees North and -121.1242 degrees West, respectively.

2.2 Project Details
The project proposes to extend an existing Class 1 bike path to provide for recreational pedestrian and bicycle uses, and to provide pedestrian accessibility in accordance with the Americans with Disabilities Act. To achieve this, existing dirt trails at the eastern and western ends of the existing bike path would be paved. The total length that would be paved would be 11,382 linear feet.

More specifically, the eastern segment would consist of approximately 7,500 paved linear feet (Figures 2-1 and 2-2). The eastern segment would begin at the eastern end of the existing bike path, near the City’s wastewater treatment plant, and extend eastward through the Stanislaus River riparian area, which is known as Oak Grove Park, a City park, to SR

99. This segment would extend further east under the SR 99 bridges over the Stanislaus River and would end at an existing Class 1 bike path east of SR 99 and south of South Parallel Avenue.

The western segment would consist of approximately 3,882 paved linear feet (Figure 2-2).

This segment 2 would begin at the western end of the existing bike path, just east of the Jack Tone Golf Course, and would follow the eastern boundary of the golf course, adjacent to an existing wastewater treatment pond, then turning westward through the Stanislaus River riparian area, ending at a point near the southwestern corner of the golf course.

Along most of the proposed alignments, the existing trails would be widened from the current 8 feet to 12 feet. Figure 2-3 shows the proposed trail cross sections. All the western segment and most of the eastern segment would be 12 feet in width. Approximately 206 linear feet of the eastern segment would remain at its current width of 8 feet; the purpose of the narrowed section is to minimize impacts on the adjacent habitat for valley elderberry longhorn beetle (see Section 3.4, Biological Resources).

New paving would consist of an asphalt surface approximately 2.5 inches thick placed on top of a compacted aggregate base approximately three inches thick. The existing dirt trails would be prepared by a skip loader or other small equipment so that base material and

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Two existing parking lots would be made available to the contractor as staging areas. One is behind the City’s CNG fueling station where Doak Boulevard meets South Stockton Avenue. This lot would be the staging area for work on the eastern segment. The other is at the end of Jack Tone Road near the golf course entrance, to be used for work on the western segment. For work on the western segment, the contractor can utilize the existing road around the wastewater treatment plant ponds if needed. For work on the eastern segment, the contractor may obtain access from the existing bicycle path east of SR 99.

After project completion, the two parking lots would serve as the main access points to the completed trail.

2.3 Permits and Approvals
The project development would require Site Plan/Design Review approval by the City.

Should the project be approved, any necessary building and grading permits from the City would be required. As a portion of the project site is currently being leased from San Joaquin County, County approval and any necessary permits must also be obtained.

Encroachment permits would need to be secured from Caltrans for work beneath SR 99, Union Pacific Railroad for work beneath their tracks, and the U.S. Army Corps of Engineers for work in areas under its jurisdiction.

The Stanislaus River riparian corridor is within the Stanislaus River Designated Floodway, which is under the jurisdiction of the Central Valley Flood Protection Board (CVFPB). As most of the project site is within the Designated Floodway, an encroachment permit from CVFPB would be required prior to the start of project construction work.

As noted in Chapter 1.0, Introduction, approval of a buffer reduction was required from the Habitat Technical Advisory Committee of SJCOG. The established buffer prohibits construction 20 feet outside the dripline of a blue elderberry shrub. SJCOG approval of the buffer reduction was obtained in March 2021. Section 3.4, Biological Resources, discusses the buffer issue in more detail.

1.4.D.a
Packet Pg. 93
Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Figure 2-1
BaseCamp Environmental PROPOSED EASTERN SEGMENT 1 SOURCE: Moore Biological

PROPOSED ROUTE
Alternative Route

1.4.D.a
Packet Pg. 94
Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Doak Blvd
dR nnuD
Ruess Ave
S High and l Ave
S Jack Tone Rd
Riverview East Cir
Miriam Way
. 0 250 500
Feet
Figure 4
Map Date: 12/20/2021
Aerial Source: NAIP (2019)
Aerial - West Section
F:\Projects\AKT\MXD\lower_stanislaus_river_bike_trail_aerial_figure_4.mxd Moore Biological
Consultants City of Ripon, CA
Lower Stanislaus River Trail
Project Site
BaseCamp
Figure 2-2
BaseCamp Environmental PROPOSED WESTERN EXTENSION
1 Packet P
Figure 2-3
BaseCamp Environmental TRAIL CROSS SECTIONS SOURCE : City of Ripon

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-1 March 2024

3.0 ENVIRONMENTAL CHECKLIST FORM

3.1 AESTHETICS
Except as provided in Public Resources Code Section 21099, would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect daytime or nighttime views in the area?
Environmental Setting
The vicinity of the project site is a mix of urban and industrial development which is adjacent to the Stanislaus River riparian area. The eastern segment passes through the riparian area; the western segment adjoins the riparian area. The eastern segment passes through a grove of oak trees, which is part of Oak Grove Park. The Ripon Cogeneration plant, the City’s CNG fueling station, Jack Tone Golf Course and the City’s wastewater treatment ponds are adjacent to or near the project.

The recently revised Appendix G of the CEQA Guidelines mentions California Public Resources Code Section 21099, which states that the aesthetic and parking impacts of residential, mixed-use residential, or employment center projects on an infill site within a transit priority area shall not be considered significant effects under CEQA. The project is not residential and is not in a designated transit priority area. Therefore, Public Resources Code Section 21099 does not apply to the project.

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a) Scenic Vistas.

Scenic vistas in the Ripon area include agricultural lands outside the City limits and distant views of the Coast Ranges to the west and the Sierra Nevada to the east. The project site is in a forested area where these views are not available. The project would have no impact on scenic vistas.
b) Scenic Resources and Highways.

Existing scenic resources in the vicinity include the riparian forest along the Stanislaus River and the oak trees in Oak Grove Park. The project is in these areas and would increase public accessibility to these scenic resources. The project would improve existing dirt trails; no trees or other vegetation would be removed. Existing scenic resources would not be affected by the project.

California’s Scenic Highway Program was created in 1963 to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways. There are only two officially designated State Scenic Highways within San Joaquin County: Interstate 5 from the Stanislaus County Line to Interstate 580, and Interstate 580 from Interstate 5 to the Alameda County Line (Caltrans 2017). Both are in southwestern San Joaquin County; neither of them is near the project site. SR 99 near the project site is not designated as a Scenic Highway. The project would have no impact on scenic resources or highways.
c) Visual Character and Quality.

As noted, the visual landscape of the project site and vicinity consists of the Stanislaus River and its associated riparian forest, a grove of oak trees as well as a golf course, the city’s wastewater treatment facility and other urban development. The project proposes to pave two existing dirt trails in or adjacent to the Stanislaus River riparian area; these areas are predominantly recreational open space and of high aesthetic value. The project proposes no other improvements to these trails and would involve no tree or other vegetation removal. As such, the existing open space character of the project site would not be substantially altered. Proposed improvements would increase public access to these resources and would provide expanded opportunities for their enjoyment.

The project does not propose any aboveground structures that would intrude upon the existing visual landscape. The project would have no impact on the visual character or quality of the project site.
d) Light and Glare.

There is no existing lighting on the project site. The project does not propose to install any new lighting facilities. The project does not propose any aboveground structures that may cause glare. The project would have no impact on light or glare.

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Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-3 March 2024

3.2 AGRICULTURE AND FORESTRY RESOURCES
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use, or conversion of forest land to non-forest use?
Environmental Setting
Agriculture is a key sector of the Ripon economy. Farmland in the Ripon area is found outside the City limits. A variety of crops are grown, the most significant of which are almonds and grapes.

The Important Farmland Maps, prepared by the California Department of Conservation as part of its Farmland Mapping and Monitoring Program, designate the viability of lands for farmland use, based on the physical and chemical properties of the soils and other factors.

The maps categorize farmland, in decreasing order of soil quality, as "Prime Farmland," "Unique Farmland," and "Farmland of Statewide Importance." Collectively, these categories are referred to as “Farmland” in the CEQA Checklist in Appendix G of the CEQA Guidelines and in this document. There are also designations for grazing land and for urban/built-up areas, among others. According to the 2018 Important Farmland Map of San Joaquin County, the most recent map available, the project site traverses land designated as Farmland of Local Importance, Semi-Agricultural and Rural Commercial Land, and Urban and Built-Up Land (California Department of Conservation 2018). None of these categories are considered “Farmland” for the purpose of CEQA.

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a) Farmland Conversion.

The 2018 Important Farmland Map of San Joaquin County indicates the project site traverses land designated as Farmland of Local Importance, Semi-Agricultural and Rural Commercial Land, and Urban and Built-Up Land. None of these designations are considered “Farmland” under CEQA Guidelines Appendix G. As such, the project would not convert any land designated as Farmland for other uses. The project would have no impact on Farmland conversion.
b) Agricultural Zoning and Williamson Act.

The project is in an area that is a mix of open space and urban development. No agricultural operations occur on lands in or adjacent to the area. None of the lands affected by the project are zoned for agricultural use by the City.

The Williamson Act preserves agricultural land by means of a contract between the landowner and local government that keeps the contracted land in agricultural use in exchange for a lower property tax assessment. There is no agricultural land on or in the project vicinity, there are no lands under a Williamson Act contract. The project would have no impact on agricultural zoning or Williamson Act contracts. c, d) Forest Land Conversion and Zoning.

There are no commercial forest lands on the project site or in the vicinity. The adjacent riparian forest is composed of non-commercial tree species. Oak trees near the eastern segment are in a City park and are not zoned for timber production. No other areas in the City or the project vicinity are zoned for timber production. The project would have no impact on forest land conversion or zoning.
e) Indirect Conversion of Farmland and Forest Land.

As noted, the project site is in an area that is a mix of recreational open space and urban development. There are no lands in agricultural production in the area. Because of this, the project would not lead to any indirect conversion of agricultural lands. As noted, there are no forest lands on the project site or in the vicinity, so the project would have no impact on indirect conversion of forest lands.

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Packet Pg. 100 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-5 March 2024

3.3 AIR QUALITY
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Environmental Setting
Air Quality Status
The project site is within the San Joaquin Valley Air Basin. The San Joaquin Valley Air Pollution Control District (SJVAPCD), which includes San Joaquin County, has jurisdiction over most air quality matters in the Air Basin. The SJVAPCD is tasked with implementing programs and regulations required by both the federal and California Clean Air Acts. Under their respective Clean Air Acts, both the federal government and the State of California have established ambient air quality standards for six criteria air pollutants:
ozone, particulate matter, carbon monoxide, nitrogen dioxide, sulfur dioxide, and lead.

California has four additional criteria pollutants under its Clean Air Act.

Table 3-1 shows the current attainment status of the Air Basin relative to the federal and State ambient air quality standards for criteria pollutants. Except for ozone and particulate matter, which are discussed below, the Air Basin is in attainment of, or unclassified for, all federal and State ambient air quality standards.

Air Pollutants of Concern
The San Joaquin Valley Air Basin is designated a nonattainment area for ozone. Ozone is not emitted directly into the air. It is formed when reactive organic gases (ROG) and nitrogen oxides (NOx), referred to as “ozone precursors,” react in the atmosphere in the presence of sunlight. Ozone is a respiratory irritant and an oxidant that increases susceptibility to respiratory infections and can cause substantial damage to vegetation and other materials. The SJVAPCD currently has a 2022 Plan for the 2015 8-Hour Ozone Standard and the 2023 Maintenance Plan and Redesignation Request for the Revoked 1- Hour Ozone Standard to attain federal ambient air quality standards for ozone; these and

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Packet Pg. 101 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-6 March 2024 other APCD plans for air quality maintenance and guide and support the APCD regulatory projects.

TABLE 3-1

SAN JOAQUIN VALLEY AIR BASIN ATTAINMENT STATUS
Criteria Pollutant
Designation/Classification
Federal Primary Standards State Standards
Ozone - One hour No Federal Standard Nonattainment/Severe Ozone - Eight hour Nonattainment/Extreme Nonattainment
PM10 Attainment Nonattainment
PM2.5 Nonattainment Nonattainment
Carbon Monoxide (CO) Attainment/Unclassified Attainment/Unclassified Nitrogen Dioxide (NOx) Attainment/Unclassified Attainment Sulfur Dioxide (SOx) Attainment/Unclassified Attainment Lead No Designation/Classification Attainment
Hydrogen Sulfide No Federal Standard Unclassified
Sulfates No Federal Standard Attainment
Visibility Reducing Particles No Federal Standard Unclassified Vinyl Chloride No Federal Standard Attainment
Source: SJVAPCD 2021.

The Air Basin is also designated a nonattainment area for respirable particulate matter, a mixture of solid and liquid particles suspended in air, including dust, pollen, soot, smoke, and liquid droplets. In the San Joaquin Valley, particulate matter is generated by a mix of rural and urban sources, including agricultural activities, industrial emissions, dust suspended by vehicle traffic, and secondary aerosols formed by reactions in the atmosphere. Health concerns associated with suspended particulate matter focus on those particles small enough to reach the lungs when inhaled; consequently, both the federal and state air quality standards for particulate matter apply to particulates 10 micrometers or less in diameter (PM10) and to particulates less than 2.5 micrometers in diameter (PM2.5), which are carried deeper into the lungs. Acute and chronic health effects associated with high particulate levels include the aggravation of chronic respiratory diseases, heart and lung disease, coughing, bronchitis, and respiratory illnesses in children. The SJVAPCD currently has a 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards to attain federal ambient air quality standards for PM2.5 and the 2007 PM10 Maintenance Plan to maintain its current PM10 attainment status.

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Packet Pg. 102 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-7 March 2024 In addition to the criteria pollutants, the ARB has identified other air pollutants as toxic air contaminants (TACs) - pollutants that may cause acute or chronic long-term health effects, such as cancer. Some TACs may cause adverse effects even at low levels. Diesel particulate matter is the most common TAC, generated mainly as a product of combustion in diesel engines. Other TACs are less common and are typically associated with industrial activities.

Air Quality Rules and Regulations
As previously noted, the SJVAPCD has jurisdiction over most air quality matters in the Air Basin. It implements the federal and California Clean Air Acts, and the applicable attainment and maintenance plans, through local regulations. The SJVAPCD has developed plans to attain State and federal standards for ozone and particulate matter, which include emissions inventories to measure the sources of air pollutants and the use of computer modeling to estimate future levels of pollution and make sure that the Valley will meet air quality goals (SJVAPCD 2015). A State Implementation Plan for CO has been adopted by the ARB for the entire state. The SJVAPCD regulations that would be applicable to the project are summarized below.

Regulation VIII (Fugitive Dust PM10 Prohibitions)
Rules 8011-8081 are designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and track out, landfill operations, etc.

Rule 4101 (Visible Emissions)
This rule prohibits emissions of visible air contaminants to the atmosphere and applies to any source operation that emits or may emit air contaminants.

Environmental Impacts and Mitigation Measures
In 2015, the SJVAPCD adopted a revised Guide for Assessing and Mitigating Air Quality Impacts (SJVAPCD Guide). The SJVAPCD Guide defines an analysis methodology, thresholds of significance, and mitigation measures for the assessment of air quality impacts for projects within SJVAPCD’s jurisdiction. Table 3-2 shows the CEQA thresholds of significance for pollutant emissions within the SJVAPCD. The significance thresholds apply to emissions from both project construction and project operations; the project would not involve any operational emissions.

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Packet Pg. 103 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-8 March 2024 TABLE 3-2

SJVAPCD SIGNIFICANCE THRESHOLDS AND PROJECT EMISSIONS
ROG NOx CO SOx PM10 PM2.5
SJVAPCD Significance Thresholds1 10 10 100 27 15 15
Construction Emissions2 0.04 0.34 0.34 <0.01 0.04 0.02
Above Threshold? No No No No No No 1 Applicable to both construction and operational emissions. 2 Maximum emissions in a calendar year.

Notes: ROG – reactive organic gases; NOx – nitrogen oxide; CO – carbon monoxide; SOx – sulfur oxide; PM10 – particulate matter 10 microns in diameter; PM2.5 – particulate matter 2.5 microns in diameter.

Sources: Road Construction Emissions Model ver. 9.0.0, SJVAPCD 2015a. a) Air Quality Plan Consistency.

The project’s construction emissions were estimated using the Road Construction Emissions Model (RCEM). The RCEM was originally developed to estimate emissions generated by road construction projects, but it has subsequently been modified to include projects that are linear in character, such as paved trails. The RCEM results for the project are available in Appendix A of this IS/MND, and a summary of the results is provided in Table 3-2 above. For the purposes of this analysis, all construction is assumed to occur within one month. While the construction time is expected to be shorter, the one-month period provides conservative estimates of pollutant emissions. The assumption used in this analysis may be considered a “worst case” condition for air quality impacts.

As indicated in Table 3-2, project construction emissions would be substantially below the significance thresholds established by SJVAPCD for criteria pollutant emissions. As the significance thresholds were established in part to ensure consistency with the objectives of air quality attainment plans adopted by the SJVAPCD, project construction emissions would be consistent with these plans.

While project construction emissions would not be significant, the project would still be required to comply with applicable SJVAPCD rules and regulations, which would further reduce potential air quality impacts. As noted, SJVAPCD Regulation VIII contains measures to reduce fugitive dust emissions during construction. Dust control provisions are also routinely included in site improvement plans and specifications, along with construction contracts. After construction work is completed, the project would not generate any air pollutant emissions, as only bicycle and pedestrian traffic would use the trail. Project impacts related to air quality plans would be less than significant. b) Cumulative Emissions.

As noted in a) above, project construction emissions would not exceed SJVAPCD significance thresholds. Future attainment of federal and State ambient air quality standards is a function of successful implementation of the SJVAPCD’s attainment plans.

Consequently, the application of significance thresholds for criteria pollutants is relevant to the determination of whether a project’s individual emissions would have a cumulatively

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Packet Pg. 104 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-9 March 2024 significant impact on air quality. Pursuant to the SJVAPCD’s guidance, if project-specific emissions would be less than the thresholds of significance for criteria pollutants, the project would not be expected to result in a cumulatively considerable net increase of any criteria pollutant for which the SJVAPCD is in nonattainment under applicable federal or State ambient air quality standards. As project construction emissions would not exceed SJVAPCD significance thresholds, the cumulative impacts of these emissions would be less than significant.

As noted in a) above, the project would not generate any air pollutant emissions after construction work is completed. Because of this, project operations would not contribute to cumulative increases in air pollutant emissions. The cumulative impacts of the project on air quality would be less than significant.
c) Exposure of Sensitive Receptors to Pollutants.

As defined in the SJVAPCD Guide, sensitive receptors include residences, schools, parks and playgrounds, day care centers, nursing homes, and hospitals (SJVAPCD 2015). There is only one land use that may be considered a sensitive receptor that is near the project site – the golf course adjacent to the western segment. However, users of the golf course would potentially be exposed only to construction air pollutant emissions. These emissions would be generated for no more than one month, and construction activities near the golf course would likely occur for less than one month. Also, construction emissions would cease once work is completed. As noted, the project would not generate any air pollutant emissions upon completion of construction work. Project impacts related to exposure of sensitive receptors to pollutants would be less than significant. d) Odors and Other Emissions.

The project is not expected to generate significant odors, other than possibly from construction activities involving diesel engines. Such emissions would be localized and would dissipate rapidly outside the project site. As noted, the nearest sensitive receptors would be the golf course, which would be exposed only temporarily, if at all, to construction emissions.

Potential health effects on sensitive receptors occur with long-term exposure to pollutants.

This includes diesel particulate matter, a TAC often associated with construction activities.

However, as noted, construction would be very small and would cease with the completion of project work, and length of exposure time would be short. Negative impacts of diesel particulate matter emissions come only with long-term exposure. The project would have no impact related to odors and other emissions.

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Packet Pg. 105 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-10 March 2024

3.4 BIOLOGICAL RESOURCES
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat
conservation plan?
Information for this section is provided primarily from a Biological Assessment conducted for the project by Moore Biological Consultants. Appendix B contains a copy of the assessment. Activities involved in the preparation of the Biological Assessment reviews of the California Natural Diversity Database (CNDDB) maintained by the California Department of Fish and Wildlife (CDFW) and of the Information for Planning and Consultation (IPaC) database maintained by the U.S. Fish and Wildlife Service (USFWS), review of USFWS critical habitat maps, and field surveys of the project site conducted on several days during 2020, 2021, and 2023.

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Packet Pg. 106 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-11 March 2024 Environmental Setting
Existing Vegetation
The project site consists of two segments of existing trail, most of which meanders along the north edge of the Stanislaus River riparian corridor and is within the understory of large oaks and other common Central Valley riparian tree and shrub species. Understory vegetation along and adjacent to the trail consists of highly disturbed ruderal grasses and weeds. Table 1 of the Biological Assessment provides a full list of plant species observed on the project site.

Oats, soft chess brome, ripgut brome, and foxtail barley are some of the most common grasses in the ruderal grassland vegetation found within the project site. Other species are intermixed with the grasses, such as bull thistle, morning glory, rancher’s fireweed, prickly lettuce, Canadian horseweed, and filaree. Dominant understory shrubs along and within close proximity to the project site include giant reed and willows. Other common understory species include wild grape, Himalayan blackberry, and California rose. Valley oaks, Fremont’s cottonwood, and box elder are the dominant tree species adjacent to and hanging over the project site. The eastern segment of the project site goes through existing oak woodlands.

There are also 85 blue elderberry shrubs within approximately 25 feet of the edges of the trail segments. The blue elderberry shrubs range from relatively small, isolated shrubs to a continuous shrub “hedge.” Blue elderberry shrubs provide habitat for the valley elderberry longhorn beetle, an insect listed under the Endangered Species Act (see below).

Existing Wildlife
Table 2 of the Biological Assessment provides a list of wildlife species observed on the project site. A variety of bird species was observed during the field surveys; the majority of these are common species found in riparian and urban areas of San Joaquin County.

Canada goose, American crow, black phoebe, red-tailed hawk, acorn woodpecker, spotted towhee, yellow-billed magpie, and house finch are representative of the avian species observed in and near the site.

Western gray squirrel and California ground squirrel were the only mammals observed during the field surveys. However, mammals common to riparian and urban areas are likely to occur on the project site. These include raccoon, coyote, black-tailed hare, striped skunk, and Virginia opossum. Species of small rodents, including mice and voles, also would likely occur.

Based on habitat types present, only a few amphibian and reptile species are expected to use habitats on the project site. Although none were observed, common species such as western fence lizard, Pacific chorus frog, gopher snake, common king snake, and common garter snake may occur on the site.

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Packet Pg. 107 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-12 March 2024 Special-Status Species
Special-status species are plant or wildlife species that are in one or more of the following categories:
● Legally protected under the federal Endangered Species Act, the California Endangered Species Act, or other regulations.
● Designated rare, threatened, or endangered and candidate species for listing by the USFWS.
● Considered rare enough by the scientific community and trustee agencies to warrant special consideration, particularly with regard to protection of isolated populations, nesting or denning locations, communal roosts, and other essential habitat. ● Considered rare or endangered under the conditions of CEQA Guidelines Section 15380, such as species identified on Lists 1A, 1B and 2 in the Inventory of Rare and Endangered Vascular Plants of California by the California Native Plant Society, and species that are considered sensitive or of special concern due to limited distribution or lack of adequate information to permit listing or rejection for state or federal status, such as those included on List 3 in the California Native Plant Society Inventory.

Table 3-3 provides a summary of the listing status and habitat requirements of specialstatus plant and wildlife species that have been documented in the greater project vicinity or for which there is potentially suitable habitat on the project site. This table also includes an assessment of the likelihood of occurrence of each of these species on the site. The evaluation of the potential for occurrence of each species is based on the distribution of regional occurrences (if any), habitat suitability, and field observations. A table with more detailed information is available in the Biological Assessment in Appendix B.

TABLE 3-3

SPECIAL-STATUS SPECIES AND POTENTIAL FOR OCCURRENCE
Common
Name
Scientific
Name
Fed.

Status1
State
Status2
CNPS
List3 Habitat
Potential for
Occurrence
Plants
Lesser
saltscale
Atriplex
minuscula
None None 1B Chenopod scrub,
playas, valley and
foothill grassland;
in sandy alkaline
soils.

Unlikely: the site does
not provide suitable
habitat.

Delta buttonceleryEryngium
racemosum
None E 1B Seasonally
inundated (usually
floodplain)
riparian scrub with
a clay substrate.

Unlikely: the site does
not provide suitable
habitat.

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Packet Pg. 108 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-13 March 2024 Common
Name
Scientific
Name
Fed.

Status1
State
Status2
CNPS
List3 Habitat
Potential for
Occurrence
Alkali-sink
goldfields
Lasthenia
chrysantha
None None 1B Vernal pools. Unlikely: there are no
vernal pools on the
project site.

California
alkali grass
Puccinellia
simplex
None None 1B Chenopod scrub,
meadows and
seeps, valley and
foothill grassland,
vernal pool
habitats; in
alkaline, vernally
mesic sinks, flats,
and lake margins.

Unlikely: the site does
not provide suitable
habitat.

Birds
Swainson’s
hawk
Buteo
swainsoni
None T N/A Breeds in stands of
tall trees in open
areas. Requires
adjacent suitable
foraging habitats
such as grasslands
or alfalfa fields
supporting rodents.

High: annual cropland
near the project vicinity
provides foraging
habitat for Swainson’s
hawks and trees on and
near the site are suitable
for nesting. Swainson’s
hawks likely nest along
the Stanislaus River
near the site, and a few
raptor stick nests were
observed in and near
the site.

Tricolored
blackbird
Agelaius
tricolor
None T N/A Requires open
water and
protected nesting
substrate, usually
cattails and
riparian scrub with
surrounding
foraging habitat.

Unlikely: while
emergent wetland
vegetation and riparian
scrub along the
Stanislaus River
provides potentially
suitable nesting habitat,
this species is unlikely
to occur in riparian
woodlands.

Least Bell’s
vireo
Vireo bellii
pusillus
E E N/A Nests in willow
thickets and other
shrubs, primarily
in southern
California riparian
forests.

Unlikely: although
vegetation near the site
may be suitable for
habitat, this species is
known primarily from
southern California.

Western
yellow-billed
cuckoo
Coccyzus
americanus
occidentalis
T E N/A Nests in mature
riparian forests,
along the broad,
lower floodbottoms of larger
river systems.

Very low: riparian
habitats along the
Stanislaus River may
provide suitable habitat.

There is one record of
this species along the
Stanislaus River,
approximately 6 miles

1.4.D.a
Packet Pg. 109 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-14 March 2024 Common
Name
Scientific
Name
Fed.

Status1
State
Status2
CNPS
List3 Habitat
Potential for
Occurrence
southwest of the West
Trail.

Mammals
Riparian
brush rabbit
Sylvilagus
bachmani
riparius
E E N/A Dense riparian
thickets along
large rivers in
Stanislaus and
southern San
Joaquin Counties.

Very low: dense
riparian vegetation
along the Stanislaus
River may provide
suitable habitat. The
nearest occurrence is
approximately 2 miles
southwest of the West
Trail at Caswell State
Park.

Riparian
(=San
Joaquin
Valley)
woodrat
Neotoma
fuscipes
riparia
E SC N/A Dense riparian
woodlands and
scrub along major
Central Valley
rivers.

Very low: dense
riparian vegetation
along the Stanislaus
River may provide
suitable habitat. The
nearest documented
occurrence is
approximately 2 miles
southwest of the West
Trail at Caswell State
Park.

Reptiles and Amphibians
California
tiger
salamander
Ambystoma
californiense
T T N/A Seasonal water
bodies without fish
(i.e., vernal pools
and stock ponds)
and grassland/
woodland habitats
with summer
refugia (i.e.,
burrows).

Unlikely: there is no
suitable habitat on or
near the site. This
species occurs along the
edges of the valley floor
and foothills. The site is
not within designated
critical habitat for this
species.

Western
spadefoot
Spea
hammondii
None SC N/A Breeds and lays
eggs in seasonal
water bodies such
as deep vernal
pools or stock
ponds.

Unlikely: there is no
suitable aquatic habitat
on or near the site.

Northern
California
legless lizard
Anniella
pulchra
None SC N/A Sandy or loose
loamy soils under
sparse vegetation.

Unlikely: the project
site does not provide
high-quality habitat.

Fish
Central
Valley
steelhead
Oncorhynchus
mykiss irideus
T None N/A Riffle and pool
complexes with
adequate spawning
substrates within
Central Valley
drainages.

None: while the
Stanislaus River is
designated critical
habitat for this species,
the site does not
provide suitable habitat,
and the project will not

1.4.D.a
Packet Pg. 110 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-15 March 2024 Common
Name
Scientific
Name
Fed.

Status1
State
Status2
CNPS
List3 Habitat
Potential for
Occurrence
involve work in the
Stanislaus River where
this species is known to
occur.

Green
sturgeon
Acipenser
medirostris
T SC N/A Freshwater and
saltwater habitats;
spawn in
freshwater rivers.

Unlikely: the site does
not provide suitable
habitat, and the project
will not involve work
in the Stanislaus River.

Hardhead Mylopharodon
conocephalus
None SC N/A Clear, deep pools
with sand and
gravel bottoms in
tributaries to the
San Joaquin and
Sacramento River.

Unlikely: the site does
not provide suitable
habitat and the project
will not involve work in
the Stanislaus River.

Invertebrates
Valley
elderberry
longhorn
beetle
Desmocerus
californicus
dimorphus
T None N/A Elderberry shrubs,
usually in Central
Valley riparian
habitats.

High: there are several
mature blue elderberry
shrubs adjacent to the
project site. The stems
of some of the shrubs
had boreholes that may
have been created by
valley elderberry
longhorn beetles.

Vernal pool
fairy shrimp
Branchinecta
lynchi
T None N/A Vernal pools Unlikely: there are no
vernal pools on the site.

The site is not within
designated critical
habitat.

Conservancy
fairy shrimp
Branchinecta
conservatio
E None N/A Vernal pools. Unlikely: there are no
vernal pools on the site.

The site is not within
designated critical
habitat.

Vernal pool
tadpole
shrimp
Lepidurus
packardi
E None N/A Vernal pools Unlikely: there are no
vernal pools on the
project site. The site is
not within designated
critical habitat.

Crotch
bumble bee
Bombus
crotchii
None CE N/A Open grassland
and scrub habitats,
mainly in coastal
or southern
California.

Unlikely: species could
fly over the site on
occasion but would not
be expected to utilize
the site in a meaningful
capacity.

Western
bumble bee
Bombus
occidentalis
None CE N/A Meadows and
grasslands with
abundant floral
resources.

Unlikely: species may
fly over the site on
occasion but would not
be expected to utilize
the site in a meaningful

1.4.D.a
Packet Pg. 111 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-16 March 2024 Common
Name
Scientific
Name
Fed.

Status1
State
Status2
CNPS
List3 Habitat
Potential for
Occurrence
capacity, due to a lack
of floristic resources.

Monarch
butterfly
Danaus
plexippus
C None N/A Variety of habitats
in California;
larvae dependent
on milkweed.

Unlikely: the site does
not provide suitable
habitat. No extensive
areas of milkweed were
observed on the site.

Notes:
1 T = Threatened; E = Endangered; C = Candidate for listing. 2 T = Threatened; E = Endangered; CE = Candidate Endangered; SC=State of California Species of Special Concern. 3 1B = rare, threatened, or endangered in California and elsewhere.

Waters of the U.S. and Wetlands
Waters of the U.S., including wetlands, are defined under 33 Code of Federal Regulations 328 to include navigable waterways, their tributaries, and adjacent wetlands. Jurisdictional wetlands and Waters of the U.S. include, but are not limited to, most perennial and intermittent creeks and lakes, as well as adjacent wetlands such as riparian wetlands along the edges of rivers. Pursuant to a May 2023 Supreme Court decision, adjacent wetlands must have a continuous surface connection with a jurisdictional Water of the U.S. such that the wetland is indistinguishable from the adjacent water. Geographically and hydrologically isolated wetlands are outside federal jurisdiction. Federal and state agencies regulate these waters, mainly the U.S. Army Corps of Engineers (Corps) and the CDFW.

The Stanislaus River, which is adjacent to the project site, is a jurisdictional Water of the U.S., with the limits of jurisdiction being defined by the ordinary high water mark. There is a broad riparian corridor associated with the Stanislaus River. The lower-elevation portions of the riparian corridor support riparian vegetation and meet the definition of “adjacent wetlands”, also falling under Corps jurisdiction. There are no potentially jurisdictional Waters of the U.S. or wetlands of any type in or adjacent to the trail locations.

No areas meeting the technical and regulatory criteria of jurisdictional Waters of the U.S. or wetlands were observed in or adjacent to the trails.

In April 2019, the State Water Resources Control Board (SWRCB) adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State, which covers wetlands not regulated by federal agencies. This was subsequently revised in 2021. Geographically and hydrologically isolated wetlands outside federal jurisdiction are regulated by the jurisdictional Regional Water Quality Control Board as a Water of the State. No State jurisdictional wetlands were identified by the Biological Assessment.

1.4.D.a
Packet Pg. 112 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-17 March 2024 San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP)
The SJMSCP is a comprehensive program for assessing and mitigating the biological impacts of converting open space or biologically sensitive lands to urban development (SJCOG 2000). It has been adopted locally by San Joaquin County, the City of Ripon, and the other incorporated cities in San Joaquin County. The San Joaquin Council of Governments (SJCOG) implements the SJMSCP on a project-by-project basis.

The SJMSCP protects 97 wildlife species and 52 vegetative communities, many of which are listed or proposed for listing under federal and State Endangered Species Acts. The SJMSCP also protects many birds covered by the Migratory Bird Treaty Act and other sensitive species that may be of concern pursuant to CEQA, or species that are included on one of the California Native Plant Society lists. For the conversion of open space to nonopen space uses that affect covered plant, fish, and wildlife species, the SJMSCP provides three compensation methods: preservation of existing sensitive lands, creation of new comparable habitat on the project site, or payment of fees that would be used to secure preserve lands outside the project site. In addition to fee payments, the SJMSCP identifies and requires project applicants to abide by Incidental Take Minimization Measures (ITMMs), which are protection measures that avoid direct impacts of development on special-status species.

Environmental Impacts and Mitigation Measures
a) Special-Status Species.

As indicated in Table 3-3, most special-status species that could potentially occur in the project vicinity are unlikely to be found on the project site. This is primarily due to lack of suitable habitat or due to the project not having a substantial effect on suitable habitat.

However, two special-status species have a high potential of occurring on the project site:
● Swainson’s hawk, a bird species listed as threatened under the California Endangered Species Act. As noted in Table 3-3, annual cropland near the project vicinity provides foraging habitat for Swainson’s hawks, and trees on and near the project site are suitable for nesting. Swainson’s hawks likely nest along the Stanislaus River, and a few raptor stick nests were observed in trees along the existing trails. A few Swainson’s hawks were observed soaring over the site during some of the spring and summer field surveys. Swainson’s hawk could be disturbed by noise if they are nesting in or near the project site during construction. ● Valley elderberry longhorn beetle, an insect species listed as threatened under the federal Endangered Species Act. Habitat for this species is blue elderberry shrubs.

As noted, blue elderberry shrubs have been identified along and near the project site. The stems of some of the shrubs had boreholes that may have been created by the beetle. The valley elderberry longhorn beetle could be directly impacted by removal of mature elderberry shrubs. Grading near the blue elderberry shrubs could result in changes in drainage patterns or generation of dust, which may indirectly impact valley elderberry longhorn beetles by a reduction in habitat suitability.

1.4.D.a
Packet Pg. 113 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-18 March 2024 The project will participate in the SJMSCP. Standard ITMMs under the SJMSCP outline protective measures for Swainson’s hawk. If construction commences during the nesting season (between March 1 and July 31) and Swainson’s hawks are nesting in or adjacent to the site, a construction setback from the nest tree would be required until nesting is complete. The setback is calculated as twice the diameter of the dripline of the nest tree as measured from under the nest; it is usually less than 100 feet.

Standard ITMMs under the SJMSCP also outline protective measures for valley elderberry longhorn beetle, which are focused on the elderberry shrubs. The measures include a 20- foot no-construction “buffer” outside the dripline of blue elderberry shrubs and installation of protective fencing between the limits of disturbance and the buffers. For elderberry shrubs that cannot be retained or are within 20 feet of the limits of disturbance, the SJMSCP requires payment of per-stem fees for stems in excess of one inch in diameter at ground level. For elderberry shrubs that cannot be retained on a site and show evidence of valley elderberry longhorn beetle, the SJMSCP also requires the shrub be transplanted, if feasible.

Due to the presence of numerous blue elderberry shrubs along the edges of the proposed trails and associated project compliance with standard valley elderberry longhorn beetle ITMMs, the City requested a buffer reduction from the SJCOG in March 2021. The buffer reduction was granted, reducing the buffer from 20 feet to 0 feet, which is needed for project construction due to the proximity of numerous shrubs to the existing trails.

However, no shrubs will be removed, and the project will be required to stake, flag, and/or fence the shrubs throughout construction.

In summary, the project is expected to have a potential impact on only two special-status species: Swainson’s hawk and valley elderberry longhorn beetle. Compliance with the SJMSCP and the applicable ITMMs, as modified by the approved buffer reduction around blue elderberry shrubs, would reduce potential impacts on special-status species to a level that would be less than significant.
b) Riparian and Other Sensitive Habitats.

The project site is within the Stanislaus River riparian corridor, and the project would go through riparian woodland. However, the project would be built on existing dirt trails and does not propose the removal of existing large riparian vegetation, including blue elderberry shrubs. No other sensitive habitats were identified on the project site by the Biological Assessment.

The entire riparian corridor would likely be viewed by CDFW as subject to jurisdiction under Fish and Game Code Sections 1600-1616. Among other provisions, these sections of the Fish and Game Code would require a Streambed Alteration Agreement for any change to a river or stream that could substantially adversely affect fish and wildlife resources. The Biological Assessment recommends notification to CDFW due to the location of the project in the Stanislaus River riparian corridor. It is possible CDFW may determine a Streambed Alteration Agreement is not needed, as there will be no work in the bed or bank of the Stanislaus River and no removal of riparian vegetation. Nevertheless, in accordance with the Biological Assessment, a mitigation measure requiring notification

1.4.D.a
Packet Pg. 114 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-19 March 2024 to CDFW is presented. Implementation of this mitigation measure would reduce potential impact on riparian habitat to a level that would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures:

BIO-1: Prior to the start of construction work, the City shall contact the California Department of Fish and Wildlife (CDFW) to determine if the project would be subject to jurisdiction under Fish and Game Code Sections 1600-1616, including the need for a Streambed Alteration Agreement. If CDFW determines that the project is subject to jurisdiction under Fish and Game Code Sections 1600-1616, then the City shall implement all required provisions as determined by CDFW, including the conditions of the Streambed Alteration Agreement if required.

Significance After Mitigation: Less than significant
c) State and Federal Jurisdictional Wetlands.

The Biological Assessment did not identify any federal jurisdictional Waters of the U.S., including wetlands, on or adjacent to the project site. As noted, the Stanislaus River is a jurisdictional Water of the U.S., and riparian wetlands adjacent to the river may also fall under Corps jurisdiction. However, the project would not involve any work within the Stanislaus River or the adjacent riparian wetlands. As noted, no State jurisdictional wetlands were identified. The project would have no impact on State or federal jurisdictional wetlands.
d) Fish and Wildlife Movement.

As noted, the project would not involve any work within the Stanislaus River, so there would be no impact on fish movement. Trees, shrubs, and grasslands on the project site could be used by birds protected by the Migratory Bird Treaty Act of 1918 and/or Fish and Game Code of California, such as white-tailed kite, loggerhead shrike, and red-winged blackbird. Disruption of active nests or nesting behaviors by project construction would be a potentially significant impact. Implementation of mitigation described below would reduce impacts on migratory birds and their nests, if any are found, to a level that would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures:

BIO-2: If construction commences during the general avian nesting season (March 1 through July 31), a pre-construction survey for all species of nesting birds shall be conducted. If active nests for any bird species are found, work in the vicinity of the nests shall be delayed until the young have fledged. No surveys shall be required if construction occurs outside the general avian nesting season.

1.4.D.a
Packet Pg. 115 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-20 March 2024 Significance After Mitigation: Less than significant
e) Local Biological Requirements.

Chapter 16.46 of the Ripon Municipal Code establishes a Resource Conservation District, one of the purposes of which is to conserve and protect the natural resources along the Stanislaus River within the City’s boundaries. The Resource Conservation District allows public facility and park/recreation facility land uses with site plan review. As the project is a proposed recreational facility, it would be consistent with the provisions of Chapter

16.46. The City has no other ordinances or regulations applicable to biological resources.

Project impacts on local biological requirements would be less than significant. f) Conflict with Habitat Conservation Plans.

As discussed in a) above, the project would comply with the SJMSCP and its applicable ITMMs, as modified by the approved buffer reduction around blue elderberry shrubs. No other conservation plans apply to the project site. The project would have no impact related to conflict with habitat conservation plans or similar plans.

3.5 CULTURAL RESOURCES
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5?
b) Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? c) Disturb any human remains, including those interred
outside of formal cemeteries?
Environmental Setting
Information for this section is provided primarily by a Cultural Resources Technical Memorandum prepared by Solano Archaeological Services. Appendix C contains the technical memorandum, information in which was based on archival and historical map searches, Native American outreach, and a field survey.

The project site is situated within the San Joaquin Valley. Prehistoric populations in the valley were concentrated along river channels such as the Stanislaus River, as these were the areas with the richest available natural resources. The project site lies in the ethnographic territory of the Northern Valley Yokuts. Section 3.18, Tribal Cultural Resources, discusses the Yokuts in more detail. Archaeological research focused on the prehistory of the Ripon area has been limited and has been conducted almost entirely in the context of cultural resources management investigations.

1.4.D.a
Packet Pg. 116 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-21 March 2024 The first Europeans to take up land along the Stanislaus River near where the Ripon settlement would develop were a group of Mormons under the leadership of Brigham Young in 1846. Setting out by boat, they established a settlement which they called New Hope and planted the first wheat crop in San Joaquin County. The Mormons abandoned their settlement after flooding in January of 1847 inundated the country around their encampment. Several ferry crossings were established along the Stanislaus River near where Ripon would be established, along with the town of Stanislaus City or Stanislaus Station. One of the residents of this town was Amplias B. Crook. When Crook became the postmaster along the Southern Pacific Railroad route, he proposed a new name for the stop in honor of his hometown: Ripon, Wisconsin. The post office and Ripon, California were established on December 21, 1874.

Many of the local businesses supported the rapidly growing ranching and agricultural industries which boomed in the early 20th century following the founding of the South San Joaquin Irrigation District in 1908. In 1945, the City of Ripon was incorporated. Economic growth in Ripon and elsewhere in San Joaquin County remained limited throughout the first half of the 20th century. Much of the area retains its rural character today, although it has been impacted by the increased demand for housing and jobs created by the post-WWII population boom, and Ripon has increasingly become a bedroom community for the San Francisco Bay Area.

Environmental Impacts and Mitigation Measures
a) Historical Resources.

A records search request to the Central California Information Center at California State University Stanislaus found no documented cultural resources present on the project site, although five resources were recorded within one-half mile. A search of General Land Office maps indicated the presence of two residences near the proposed western segment.

Neither residence was apparently built on or immediately adjacent to the proposed alignment.

The field survey identified and recorded two historical resources, both segments of earthen levees along the north bank of the Stanislaus River. Due to a lack of association with historically significant events, lack of unique characteristics, and limited data potential, neither resource was considered eligible for listing in the California Register of Historical Resources. No buildings, features, or structures other than the Stanislaus River levee segments were built within or immediately adjacent to the project alignment. Therefore, project impacts on historical resources would be less than significant. b) Archaeological Resources.

As noted in a) above, a records search by the Central California Information Center search found no cultural resources within the project site. However, given the proximity of the project site to the Stanislaus River and the lack of extensive cultural resource investigations in the area, it is possible that project construction activities could unearth archaeological materials of significance that are currently unknown. Procedures to address archaeological discoveries if they should occur are set forth in the mitigation measure below.

1.4.D.a
Packet Pg. 117 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-22 March 2024 Implementation of this mitigation measure would reduce potential impacts on archaeological resources encountered during construction work to a level that would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures:

CULT-1: If any subsurface cultural resources are encountered during construction of the project, the City of Ripon Engineering Department shall be notified and all construction activities within 50 feet of the encounter shall be halted until a qualified archaeologist can examine these materials and determine their significance. If the find is determined to be significant, then the archaeologist shall recommend further mitigation measures that would reduce potential effects on the find to a level that is less than significant. Recommended measures may include, but are not limited to, 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City’s Engineering Department, consistent with the requirements of the CEQA Guidelines.

Significance after Mitigation: Less than significant
c) Human Burials.

The Central California Information Center search did not find any record of human burials.

However, it is conceivable that excavation associated with the project could uncover a previously unknown burial, particularly one of Native American origin.

CEQA Guidelines Section 15064.5(e) describes the procedure to be followed when human remains are uncovered in a location outside a dedicated cemetery. All work in the vicinity of the find shall be halted, and the County Coroner shall be notified to determine if an investigation of the death is required. If it is determined that the remains are Native American in origin, then the County Coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the Most Likely Descendants of the deceased Native American, and the Most Likely Descendants may make recommendations on the disposition of the remains and any associated grave goods with appropriate dignity. If a Most Likely Descendant cannot be identified or fails to make a recommendation, or the landowner rejects the recommendations of the Most Likely Descendant, then the landowner shall rebury the remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance.

Compliance with CEQA Guidelines Section 15064.5(e) would ensure that any human remains and associated grave goods encountered during project construction would be treated with appropriate dignity. Project impacts on human remains would be less than significant.

1.4.D.a
Packet Pg. 118 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-23 March 2024

3.6 ENERGY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Environmental Setting
Electricity is a major energy source for residences and businesses in California. In San Joaquin County, based upon the most recent information available, electricity consumption in 2019 totaled approximately 5,583 million kilowatt-hours, of which approximately 1,893 million kilowatt-hours were consumed by residential uses and the remainder by nonresidential uses (CEC 2021a). In 2019, natural gas consumption in San Joaquin County totaled approximately 259 million therms, of which approximately 89 million therms were consumed by residential uses and the remainder by non-residential uses (CEC 2021b).

Motor vehicle use also accounts for substantial energy usage. The SJCOG estimated countywide daily vehicle miles traveled (VMT) was 17,868,785 miles in 2015, which led to the consumption of approximately 511 million gallons of gasoline and diesel fuel (SJCOG 2018).

Environmental Impacts and Mitigation Measures
a) Project Energy Consumption.

Project construction would involve fuel consumption and use of other non-renewable resources. Construction equipment used for such improvements typically runs on diesel fuel or gasoline. The same fuels typically are used for vehicles that transport equipment and workers to and from a construction site. However, construction-related fuel consumption would be finite, short-term, and consistent with construction activities of a similar character. This energy use would not be considered wasteful, inefficient, or unnecessary.

Electricity may be used for equipment operation during construction activities. It is expected that more electrical construction equipment would be used in the future, as it would generate fewer air pollutant emissions. This electrical consumption would be consistent with construction activities of a similar character; therefore, the use of electricity in construction activities would not be considered wasteful, inefficient, or unnecessary, especially since fossil fuel consumption would be reduced.

1.4.D.a
Packet Pg. 119 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-24 March 2024 The project is intended to provide a recreational amenity to the City oriented to bicycle and pedestrian use. No motor vehicles would be allowed on the trails when completed.

Therefore, the project would not encourage fuel consumption. Moreover, no lighting would be installed, so the project would not increase electricity consumption. Energy consumption impacts would be less than significant.
b) Consistency with Energy Efficiency or Renewable Energy Plans.

The City has no energy conservation or renewable energy plans applicable to the project.

The project would have no impact related to these plans.

3.7 GEOLOGY AND SOILS
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.)
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on strata 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?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

1.4.D.a
Packet Pg. 120 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-25 March 2024 Environmental Setting
The City of Ripon is located near the northern end of the San Joaquin Valley, part of California's Great Valley geomorphic province. Geologically, the Great Valley is a northwest-trending, sediment-filled trough which extends more than 400 miles from the Tehachapi Mountains on the south, to the Cascade Range on the north. The sediments that fill the Valley consist of sequences of marine and continental deposits of clay, silt, sand, and gravel up to six miles thick. The Geologic Map of the San Francisco – San Jose Quadrangle (Wagner et al. 1991) designates the underlying geology of the project site as the Modesto Formation, consisting of Quaternary (geologically recent) sediments. The topography of the project site is essentially flat; the general slope of the area is from east to west.

A custom soils report for the project site vicinity indicated that the following soil types are on the project site (SCS 1992, NRCS 2021):
● Columbia fine sandy loam, drained – This is a very deep, somewhat poorly drained, nearly level soil on floodplains. Permeability is moderately rapid, and runoff is slow. The water and wind erosion hazard are slight. The expansive soil potential is low.
● Columbia fine sandy loam, partially drained – Same characteristics as Columbia fine sandy loam, drained. The main difference is that this soil has a high water table. ● Columbia fine sandy loam, channeled, partially drained – Similar to Columbia fine sandy loam, partially drained. However, the water erosion hazard is moderate. The landscape is channeled by intermittent drainageways.
● Dello sand, partially drained - This is a very deep, poorly drained, nearly level soil on floodplains. Permeability is rapid, and runoff is slow. The water erosion hazard is slight, but the wind erosion hazard is very severe. The expansive soil potential is low.

There are no active or potentially active faults in the Ripon vicinity. Active and potentially active faults associated with the better-known San Andreas system are located 60 miles west of the project site in the Coast Range area. The City of Ripon is subject to relatively low seismic hazards compared to other parts of California but may nonetheless be subject to relatively intense seismic shaking.

The Modesto Formation is considered to have a relatively high sensitivity for paleontological resources. Fossil specimens recovered from one location in Madera County underlain by the Modesto Formation included larger mammals such as mammoth, giant ground sloth, dire wolf, bison, and horse, along with smaller mammals, birds, reptiles, and amphibians (Caltrans 2015). The project site does not contain any known paleontological resources or unique geological features.

1.4.D.a
Packet Pg. 121 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-26 March 2024 Environmental Impacts and Mitigation Measures
a-i) Fault Rupture Hazards.

As noted, no active or potentially active faults have been identified in the Ripon area. As such, no fault rupture hazard is expected. The project would have no impact related to fault rupture.
a-ii) Ground Shaking.

As noted, the Ripon area is subject to ground shaking from faults outside San Joaquin County. However, the project is a bicycle/pedestrian trail with no aboveground improvements, such as light poles, that could pose a hazard to people or property. Also, the project site is in open space areas, so the project would not be near any structures that could be a hazard to people on the trail during a seismic event. The project would have no impact related to ground shaking.
a-iii) Other Seismic Hazards.

As noted, the project is a bicycle/pedestrian trail with no aboveground improvements, such as light poles, that could pose a hazard to people or property. The project is close to the Stanislaus River, so a seismic event could cause ground failure along the banks and potential liquefaction. However, such events would be infrequent, and while possible, the probability of people being harmed by these seismic hazards would be low. Therefore, project impacts are considered less than significant.
a-iv) Landslides.

The topography of the project site and surrounding area is relatively flat; therefore, landslides would not occur. The project would have no impact related to landslides. b) Soil Erosion.

The project proposes to pave existing dirt trails. This would eliminate potential erosion that may occur with the current exposure of soil to wind and water. However, project construction activities could loosen soils, making them more prone to wind or water erosion.

Land preparation for the project is expected to disturb more than one acre of land. For all projects that disturb one acre of land or more a Construction General Permit is required from the SWRCB. The permit requirements include preparation of a Storm Water Pollution Prevention Plan (SWPPP) by a Qualified SWPPP Developer to address potential water quality issues. A SWPPP specifies the Best Management Practices (BMPs) needed to avoid or minimize adverse water quality impacts. Construction BMPs fall within the general categories of Temporary Soil Stabilization, Temporary Sediment Control, Wind Erosion Control, Tracking Control, Non-Storm Water Management, and Waste Management and Materials Pollution Control. BMPs applicable to the project are incorporated in the SWPPP as required. BMPs are incorporated into project improvement plans and specifications,

1.4.D.a
Packet Pg. 122 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-27 March 2024 subject to the approval of the City Engineer. BMP function and effectiveness are monitored and reported, and remediation is required to address pollution occurrence.

Mitigation described below would require the project to obtain a Construction General Permit from SWRCB. Compliance with the mitigation measure would minimize the amount of sediment that leaves the construction site and potential construction water quality effects, thereby reducing soil erosion impacts to a level that would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures:

GEO-1: Prior to commencement of construction activity, the developer shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the project and file a Notice of Intent with the State Water Resources Control Board (SWRCB) in compliance with the
Construction General Permit and City of Ripon storm water requirements. The SWPPP shall be available on the construction site at all times. The developer shall incorporate an Erosion Control Plan consistent with all applicable provisions of the SWPPP within the site improvement and building plans. The developer also shall submit the SWRCB Waste Discharger’s Identification Number to the City prior to approval of development or grading plans.

Significance after Mitigation: Less than significant
c) Soil Instability.

The project site is relatively flat, and the soils on the project site have not been identified as being particularly unstable. The project proposes to pave existing dirt trails, which is not expected to induce instability. The project would have no impact on soil stability. d) Expansive Soils.

As described in the Environmental Setting above, all the soils on the project site have low shrink-swell potential. As such, the project is unlikely to experience any damage or other adverse effects from expansive soils. The project would have no impact related to expansive soils.
e) Adequacy of Soils for Sewage Disposal.

The project would not install any wastewater collection and disposal systems, including septic systems. Therefore, soil conditions regarding wastewater disposal are irrelevant to the project. The project would have no impact related to adequacy of soils for sewage disposal.

1.4.D.a
Packet Pg. 123 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-28 March 2024 f) Paleontological Resources and Unique Geological Features.

The project site is flat and contains no geological features that may be considered unique.

No known paleontological resources have been recovered from the project site. However, the project site is underlain by the Modesto Formation, which has been a source of paleontological finds. Because of this, it is conceivable that currently unknown resources may be uncovered during project construction activities. Procedures to address paleontological discoveries should they occur are set forth in the mitigation measure below.

Implementation of this mitigation measure would reduce potential impacts to a level that would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures:

GEO-2: If any subsurface paleontological resources are encountered during construction of the project, the City of Ripon Engineering Department shall be notified and all construction activities within 50 feet of the encounter shall be halted until a qualified paleontologist can examine these materials and determine their significance. If the find is determined to be significant, then the paleontologist shall recommend mitigation measures that would reduce potential effects on the find to a level that is less than significant. Recommended measures may include, but are not limited to, 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City’s Engineering Department, consistent with the requirements of the CEQA Guidelines.

Significance after Mitigation: Less than significant

3.8 GREENHOUSE GAS EMISSIONS
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?

1.4.D.a
Packet Pg. 124 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-29 March 2024 Environmental Setting
GHG Background
Greenhouse gases (GHGs) are gases that absorb and emit radiation within the thermal infrared range, trapping heat in the earth’s atmosphere. GHGs are both naturally occurring and are emitted by human activity. GHGs include carbon dioxide, the most abundant GHG, as well as methane, nitrous oxide, and other gases. GHG emissions in California in 2020, the most recent year for which data are available, were estimated at approximately 369.2 million metric tons CO2e – a decrease of approximately 24% from the peak level in 2004.

Transportation was the largest contributor to GHG emissions in California, with 37% of total emissions - a smaller share than in recent years, most likely due to reduced traffic volume during the COVID-19 lockdown. Other significant sources include industrial activities, with approximately 20% of total emissions, and electric power generation, both in-state and imported, with approximately 16% of total emissions (ARB 2022). No data on GHG emissions from Ripon are available.

The State of California has prepared Climate Change Assessments that provide scientific assessments on the potential impacts of climate change in California by region. Potential climate change impacts occurring in the San Joaquin Valley and adjacent areas include the following (Westerling et al. 2018):
● Acceleration of warming across the region and state.
● More intense and frequent heat waves.
● Higher frequency of catastrophic floods.
● More intense and frequent drought.
● More severe and frequent wildfires.

Unlike the criteria air pollutants described in Section 3.3, Air Quality, GHGs have no “attainment” standards established by the federal or State government. In fact, GHGs are not generally thought of as traditional air pollutants because their impacts are global in nature, while air pollutants mainly affect the general region of their release to the atmosphere (SJVAPCD 2015). Nevertheless, the U.S. Environmental Protection Agency (EPA) has found that GHG emissions endanger both the public health and public welfare under Section 202(a) of the Clean Air Act due to their impacts associated with climate change (EPA 2009).

GHG Emission Reduction Plans
The State of California has implemented GHG emission reduction strategies and legislation in recent years. In 2016, Senate Bill (SB) 32 was enacted. SB 32 extends the GHG reduction objectives of AB 32 by mandating statewide reductions in GHG emissions to levels that are 40% below 1990 levels by the year 2030. The State has adopted an updated Scoping Plan that sets forth strategies for achieving the SB 32 target. The updated Scoping Plan continues many of the programs that were part of the previous Scoping Plans,

1.4.D.a
Packet Pg. 125 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-30 March 2024 including the cap-and-trade program, low-carbon fuel standards, renewable energy, and methane reduction strategies. It also addresses, for the first time, GHG emissions from the natural and working lands of California, including the agriculture and forestry sectors (ARB 2017). The 2017 Scoping Plan is in the process of being updated.

The SJVAPCD adopted a Climate Change Action Plan in 2008 and issued guidance for development project compliance with the plan in 2009. The guidance adopted an approach that relies on the use of Best Performance Standards to reduce GHG emissions. Projects implementing Best Performance Standards would be determined to have a less than cumulatively significant impact. For projects not implementing Best Performance Standards, demonstration of a 29% reduction in project-specific (i.e., operational) GHG emissions from business-as-usual conditions is required to determine that a project would have a less than cumulatively significant impact (SJVAPCD 2009). The City of Ripon currently has no specific plans, programs, or ordinances directly related to global climate change or GHG emission reduction.

Environmental Impacts and Mitigation Measures
a, b) Project GHG Emissions and Consistency with GHG Reduction Plans.

GHG emissions from project construction were estimated using the RCEM; results are available in Appendix A of this IS/MND. Construction GHG emissions were estimated at

69.10 metric tons CO2e, assuming a one-month construction period (see Section 3.3, Air Quality). Again, the GHG emission estimate is conservative, as construction is not expected to take a full month. Construction emissions are temporary and would cease when project work is completed. As discussed in Section 3.3, there would be no operational air emissions associated with the project, including GHG emissions. Project impacts related to GHG emissions and reduction plans would be less than significant.

3.9 HAZARDS AND HAZARDOUS MATERIALS
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government

1.4.D.a
Packet Pg. 126 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-31 March 2024 Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Environmental Setting
Hazardous material sites of all statuses are recorded in the GeoTracker database, maintained by the SWRCB, and the EnviroStor database, maintained by the Department of Toxic Substances Control (SWRCB 2021, DTSC 2021). A search of both databases found no active hazardous material sites on or in the immediate vicinity of the project site. The nearest recorded active hazardous material site is Modesto Sand and Gravel, south of the Stanislaus River. A Leaking Underground Storage Tank site at the Ripon Corporation Yard was previously recorded, but this site has been remediated, and the case is closed.

Environmental Impacts and Mitigation Measures
a) Hazardous Material Transport, Use, and Storage.

The project is the extension of an existing bike/pedestrian path through the paving of existing dirt trails. The resulting trail would not require the use of hazardous materials; as such, no hazardous materials would need to be transported to or stored at the project site.

The project would have no impact on hazardous material transport, use, or storage. b) Release of Hazardous Materials.

As noted in a) above, the project would not require hazardous materials. Therefore, no opportunities for the release of hazardous materials would occur once construction work is completed.

Construction activities on the project site may involve the use of hazardous materials such as fuels and solvents, and thus create a potential for hazardous material spills. Construction and maintenance vehicles would transport and use fuels in ordinary quantities. Fuel spills, if any occur, would be minimal and localized and would not typically have significant adverse effects. Potential hazardous materials spills during construction are addressed in the required SWPPP, described in Section 3.7, Geology and Soils. In accordance with SWPPP requirements, contractors have absorbent materials at construction sites to clean up minor spills. Other substances used in the construction process would be stored in

1.4.D.a
Packet Pg. 127 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-32 March 2024 approved containers and used in relatively small quantities, in accordance with the manufacturers’ recommendations and/or applicable regulations.

In summary, the project would involve relatively little usage of hazardous materials, releases of which can be contained. No hazardous materials would be used after construction work is completed. Project impacts related to releases of hazardous materials would be less than significant.
c) Hazardous Materials Releases near Schools.

As noted in b) above, the project would not release any hazardous materials once the project is completed. The nearest school to the project site is Weston Elementary School, which is approximately one-half mile away from the entrance to the proposed western segment. The project would have no impact related to hazardous materials releases near schools. d) Hazardous Materials Sites.

As noted, a search of hazardous material databases found no active hazardous material sites recorded on or near the project site. The project would not encroach upon any hazardous material sites, and it would not bring project workers or users into contact with any contaminated sites. The project would have no impact related to hazardous material sites. e) Public Airport Operations.

There are no airports in or near the City of Ripon. The nearest public airport is the Modesto City-County Airport, approximately 11 miles to the southeast. Given this distance, the project would not expose users of the trails to safety hazards or excessive noise from operations at this airport. The project would have no impact related to public airport operations.
f) Emergency Response and Evacuations.

The project is a recreational amenity generally along the Stanislaus River. It is not on any streets or roadways that would be used by emergency vehicles responding to a call or that would be used to evacuate residents. Project construction would be located away from City streets, so no streets would be obstructed. The project would have no impact on emergency response or evacuations.
g) Wildland Fire Hazards.

The project traverses open space areas that are at potential risk of wildland fires. However, as the project is a paved trail, a wildland fire would do no significant damage. People on the proposed paved trails may be exposed to a wildland fire in the area, but the probability of people encountering a fire is low at any moment. Project impacts related to wildland fires are considered less than significant. Refer to Section 3.20, Wildfires, for a more detailed discussion on fire risks.

1.4.D.a
Packet Pg. 128 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-33 March 2024

3.10 HYDROLOGY AND WATER QUALITY
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the
basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river runoff or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off-site? ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of
polluted runoff?
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater management plan?
Environmental Setting
The Stanislaus River, the main surface water feature in the Ripon area, is adjacent to the project site. The river is a perennial stream, approximately 150 miles in length, that originates as three forks in the Sierra Nevada, then flows generally southwest to join the San Joaquin River southwest of Ripon. Annual mean water flow in the Stanislaus River has historically varied from 2,548 cubic feet per second to 44.9 cubic feet per second (USGS 2021). There are no other natural surface water features on or in the vicinity of the project site. The only other surface water features of significance in the area are the wastewater treatment plant ponds.

1.4.D.a
Packet Pg. 129 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-34 March 2024 The project site is within the Eastern San Joaquin Groundwater Subbasin, which underlies most of eastern San Joaquin County. Groundwater levels in some portions of the Subbasin have been declining for many years, while groundwater levels in other areas have remained stable or increased in recent years. While the total volume of groundwater in storage in the Subbasin has declined over time, the total fresh groundwater in storage was estimated at over 50 million acre-feet in 2015. The amount of groundwater in storage has decreased by approximately 0.01 percent per year between 1995 and 2015 (ESJGA 2019). As of Spring 2018, groundwater levels in the Ripon area ranged from 30 to 50 feet below ground surface (San Joaquin County FCWCD 2018).

Groundwater in the Subbasin is managed in accordance with the Eastern San Joaquin Groundwater Subbasin Groundwater Sustainability Plan, submitted to the California Department of Water Resources in January 2020 and subsequently approved. The Groundwater Sustainability Plan is designed to implement the objectives of the State’s Sustainable Groundwater Management Act, which are to conserve groundwater resources and to address overdraft of basins. The goal of the Groundwater Sustainability Plan is to achieve sustainable groundwater management of the Subbasin on a long-term average basis by increasing recharge and/or reducing groundwater pumping, while avoiding undesirable results such as degraded water quality and declining groundwater levels (ESJGA 2019).

According to the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency (FEMA), the project site is mostly within areas designated Zone A and Zone AE (Figure 12-1). Both zones denote areas inside the 100-year floodplain, which is an area subject to inundation by a flood with a chance of occurring on average once every 100 years. The 100-year flood is the standard flood hazard of concern to FEMA. Zone A has no determined base flood elevations, while Zone AE has determined elevations. Small portions of the project site are also designated Zone X, which is an area subject to inundation by a flood with a chance of occurring on average once every 500 years, or an area protected from a 100-year flood by levees (FEMA 2009a, 2009b).

In 2007, the State of California approved SB 5 and a series of related Senate and Assembly bills that establish the State standard for flood protection in urban areas in the Central Valley as protection from the 200-year flood (i.e., a flood with a chance of occurring on average once every 200 years). New development in areas potentially exposed to 200-year flooding more than three feet deep is prohibited, unless the local land use agency certifies that 200-year flood protection has been provided. “New development,” as defined in Ripon Municipal Code Chapter 16.10 that incorporates SB 5 requirements, focuses on a new residence or a new building or construction that would result in an increase in allowed occupancy for an existing building. Since the project does not propose the construction of a building or expansion of an existing building, the SB 5 requirements do not apply.

Environmental Impacts and Mitigation Measures
a) Surface Water Quality.

As noted, the Stanislaus River is adjacent to the project site, but there are no other natural streams or bodies of water in the vicinity. Project construction, with associated ground disturbance, could lead to the conveyance of sediments in storm water. As described in

1.4.D.a
Packet Pg. 130 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-35 March 2024 Section 3.7, Geology and Soils, construction that causes one acre of ground disturbance or more is required to obtain a Construction General Permit, which contains provisions designed to reduce impacts on surface water quality. Mitigation Measure GEO-1 would require the project to obtain a Construction General Permit and to implement its conditions.

Upon completion of construction work, the project is expected to have no impact on surface waters. Given its limited footprint, the project is not expected to generate runoff in quantities that would convey sediments or other contaminants to the Stanislaus River. The project vicinity would remain open space in character, so any runoff would likely percolate into the ground before reaching the river. Within implementation of Mitigation Measure GEO-1, project impacts on surface water quality would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures: Implementation of Mitigation Measure GEO-1.

Significance after Mitigation: Less than significant
b) Groundwater Supplies and Recharge.

The project would not use groundwater or any other water supplies. The pavement would slightly reduce the existing area of groundwater recharge; however, the paved area would be small compared to the amount of open space in the area that would remain. The amount of reduced recharge that would occur upon project completion would be negligible. The project would have no impact on groundwater supplies or recharge. c-i, ii) Drainage Patterns.

The project would pave existing dirt trails, which means that precipitation that would otherwise be absorbed by the trails would drain to the adjacent sides. This change in drainage patterns would be negligible, as the project footprint would be small and the adjacent open space would be capable of accommodating any extra drainage without leading to erosion or localized flooding. Project impacts on drainage patterns would be less than significant.
c-iii) Runoff.

As noted above, the project is expected to generate minimal runoff once project work is completed. The excess runoff can be accommodated by the adjacent open space with no significant impact. As a bike/pedestrian trail, the project is not expected to be a source of significant contamination, unlike a motor vehicle road that would have deposits of vehicle fluids and metals. By contrast, the only potential source of contamination associated with the project would be rubber from bicycle tires, and this contamination would be minimal and would not be conveyed by runoff at a significant distance from the paved trail. Project impacts related to runoff would be less than significant. c-iv) Flood Flows.

Most of the project site is within a FEMA-designated floodplain. Given its location, it is expected that portions of the project would be flooded on occasion when water levels in

1.4.D.a
Packet Pg. 131 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-36 March 2024 the Stanislaus River rise. However, as a bike/pedestrian trail with no aboveground improvements, the project would not substantially impede or redirect any flood flows that may occur. The project would have no impact on flood flows. d) Other Flooding Hazards.

As noted, the project site may be subject to occasional flooding from the Stanislaus River.

There is also a potential for flooding that results from catastrophic failure of one or more of the upstream Stanislaus River dams from a major seismic event. The most significant potential failure would be that of New Melones Dam, which could inundate the entire Ripon area. However, as discussed in c-iv) above, the project would have no impact on flood flows, which would include flows from a possible failure of New Melones Dam. It should be noted that the risk of flooding from dam failure is considered very low, because the likelihood of dam failure is low (City of Ripon 2016a).

Levees have been established along portions of the Stanislaus River to protect adjacent lands from flooding. However, according to the Ripon General Plan, the City is outside designated Levee Flood Protection Zones, which are theoretical areas that could be flooded in the event of levee failure in levee-protected areas (City of Ripon 2016a). Therefore, the project would not be affected by any levee failures along the Stanislaus River, and in any case would have no impact on any flood flows.

The project site is not in an area designated a seiche or tsunami zone. As noted in Chapter

2.0, Project Description, the project would be required to obtain an encroachment permit from the CVFPB, which would minimize any potential impacts on flood facilities. The project would have no impact related to other flooding hazards. e) Conflict with Water Quality or Groundwater Plans.

As discussed in a) and c-iii) above, the project would have minimal impact related to drainage and potential contaminated runoff. As such, the project would not affect the implementation of applicable water quality plans. Also, as noted in b) above, the project would not use groundwater, so it would have no impact on the objectives and implementation of the Groundwater Sustainability Plan for the Subbasin. The project would not conflict with any water quality or groundwater sustainability plans, so it would have no impact on this issue.

3.11 LAND USE AND PLANNING
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

1.4.D.a
Packet Pg. 132 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-37 March 2024 Environmental Setting
As described in Section 3.1, Aesthetics and Visual Resources, the project site is set in an area that is a mix of urban development and open space. The project site is on or near the Stanislaus River. In the vicinity of the proposed eastern segment are oak woodlands, which are part of Oak Grove Park, the Ripon Cogeneration plant, and the City’s CNG fueling station. Land at the terminus of the proposed eastern segment consists of open space adjacent to the Stanislaus River. The proposed western segment is adjacent to Jack Tone Golf Course and the wastewater treatment plant ponds. North of the golf course and treatment ponds is a residential area.

The Ripon General Plan has applied several land use designations on and adjacent to the project site. In the proposed eastern segment, land use designations include HI (Heavy Industrial), MS (Municipal Service), OS (Open Space), and RR (Resource Reserve). In the proposed western segment, land use designations are mainly MS and CR (Commercial Recreation). Zoning is consistent with the General Plan land use designation. Land on and adjacent to the project site is zoned M2 (Heavy Industrial), PS (Public-Semipublic), and RC (Resource Conservation). Zoning on and near the western segment includes PS and C5 (Commercial Recreation).

The Ripon General Plan describes a residential growth accommodation program which sets an average annual residential growth rate during the planning period of the General Plan, along with a building permit allocation cap. The growth rate for any single year could vary, although City policy has been to maintain growth at 3% to 6% through the planning period.

A City resolution implementing this policy was adopted in 2017 and remains in effect.

Environmental justice is not an issue that CEQA explicitly requires to be addressed; however, the State of California has recently emphasized the incorporation of environmental justice in land use and environmental planning. State law defines “environmental justice” as “the fair treatment of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.” The State has enacted legislation that seeks to address the adverse environmental impacts of projects that disproportionately affect minority and/or lower-income communities, particularly those already burdened with environmental problems.

Environmental Impacts and Mitigation Measures
a) Division of Established Communities.

The project is being constructed in a mostly open space area behind industrial and municipal facilities. There are no residential communities located on or adjacent to the project site. The project would have no impact on the division of established communities.

1.4.D.a
Packet Pg. 133 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-38 March 2024 b) Conflicts with Plans, Policies and Regulations Mitigating Environmental Effects.

The project is a recreational amenity that is consistent with existing land uses and land use designations in the area. As the project is not a residential project, it would not conflict with the City’s residential growth accommodation program.

This IS/MND analyzed the potential environmental impacts of the project. It concluded that the project would have no environmental impacts that cannot be mitigated to a level that would be less than significant. As discussed in Section 3.4, Biological Resources, SJCOG has waived the elderberry bush buffer requirement set by the SJMSCP for the project, which would not remove any elderberry shrubs, though it would still comply with applicable ITMMs.

The project is a recreational amenity that would be available to all members of the public.

It is not expected to generate any pollution outside of construction activities, nor would it affect any resources such as water. Construction would not involve the loss of any housing or other facilities used predominantly by lower-income or minority groups. Therefore, the project is not expected to have any environmental justice impacts. The project would not conflict with plans, policies and regulations mitigating environmental effects. Impacts would be less than significant.

3.12 MINERAL RESOURCES
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
Environmental Setting
The Ripon General Plan does not identify any potentially valuable mineral resources in the Ripon area. The San Joaquin County General Plan Background Report identified significant mineral deposits in the County, based on California Division of Mines and Geology Mineral Classification maps. Neither the project site nor the Ripon area was identified as potentially containing known valuable mineral resources. Neither area was also identified as having oil or natural gas fields (San Joaquin County 2016).

1.4.D.a
Packet Pg. 134 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-39 March 2024 Environmental Impacts and Mitigation Measures
a, b) Access to Mineral Resources.

As noted, no significant mineral deposits nor oil or gas fields were identified on the project site or in the Ripon area. Therefore, the project would not affect access to any mineral resources. The project would have no impact on this issue.

3.13 NOISE
Would the project result in: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Generation of a substantial temporary or permanent
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? b) Generation of excessive groundborne vibration or
groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Environmental Setting
Assessment of noise impacts focuses on the “ambient" noise level, which is the allencompassing noise level associated with a given area. Ambient noise is composed of noise from various sources, both near and far. The main source of noise in Ripon is vehicle traffic on SR 99 and high-volume City streets such as Jack Tone Road and West Main Street.

Train operations on the Union Pacific Railroad tracks parallel and next to SR 99 are another significant noise source (City of Ripon 2016a).

Ripon Municipal Code Section 16.156.090 sets maximum exterior noise levels for land uses in the City. For single-family residences, the maximum exterior noise level is 60 Aweighted decibels (dBA) from 7:00 a.m. to 10:00 p.m., and 50 dBA from 10:00 p.m. to 7:00 a.m. By contrast, the maximum exterior noise level for heavy industrial uses is 75 dBA at all times. An additional five decibels are allowed for noise occurring during daytime hours only (7:00 a.m. to 7:00 p.m.).

1.4.D.a
Packet Pg. 135 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-40 March 2024 Environmental Impacts and Mitigation Measures
a) Exposure to Noise Exceeding Local Standards.

The project site is in an area with potentially noise-sensitive land uses. The golf course is adjacent to the proposed western segment, and residential areas are nearby. The eastern segment is proposed to go through Oak Grove Park.

The project proposes to extend an existing bike/pedestrian path by paving two dirt trails.

While the project may encourage additional bicycle and pedestrian traffic, such traffic is not a significant noise source. Therefore, this increased traffic is not expected to substantially increase ambient noise levels along the project site and the existing trail.

Because of this, the project would not have significant noise impacts on noise-sensitive land uses on or near the project site. In addition, since the project proposes no lighting, nighttime use is expected to be much less than daytime use, which would mean less noise that would reach any nearby residential areas during nighttime.

The most significant source of noise associated with the project would be construction equipment and vehicles working on the project site. Construction work would be temporary, and noise from such activity would cease when work is completed.

Nevertheless, residences north and east of the project site may be subject to short-term construction noise that exceeds City standards. This is a potentially significant impact.

Mitigation described below would reduce construction noise impacts to a level that would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures:

NOISE-1: The City shall establish the following as conditions of approval for any permit that results in the use of construction equipment on the project site:
● Construction activities shall be limited to the hours from 7:00 a.m. to 7:00 p.m. on weekdays. No construction work shall occur on weekends or on federally recognized holidays.
● All construction equipment powered by internal combustion engines shall be properly muffled and maintained. Mufflers shall be installed in accordance with manufacturers’ specifications.
● In accordance with State regulations, idling of construction equipment shall be limited to no more than five minutes.

Significance After Mitigation: Less than significant
b) Exposure to Groundborne Vibration or Noise.

Groundborne vibration is not a common environmental problem. It is typically associated with transportation facilities, although it is unusual for vibration from sources such as buses

1.4.D.a
Packet Pg. 136 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-41 March 2024 and trucks to be perceptible, even in locations close to major roads. Some common sources of groundborne vibration are trains, buses on rough roads, and construction activities such as blasting, pile-driving, and operating heavy earth-moving equipment. The only potential source of groundborne vibration associated with the project would be construction equipment. As described in a) above, construction work would be temporary. Bicycle and pedestrian traffic on the completed project would not generate groundborne vibrations. The project would have no impact related to groundborne vibrations or noise. c) Public Airport and Private Airstrip Noise.

As described in Section 3.9, Hazards and Hazardous Materials, there are no public airports in the vicinity of Ripon. There are no private airstrips in the vicinity of the project site.

Therefore, the project site would not place project users in an area where noise from airport or airstrip operations would be experienced. The project would have no impact on this issue.

3.14 POPULATION AND HOUSING
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
Environmental Setting
According to the 2020 U.S. Census, the population of Ripon was 16,013, an increase of approximately 12.0% from its 2010 population of 14,297 as recorded by the U.S. Census Bureau. As of January 1, 2020, the City of Ripon had an estimated 5,568 housing units - an increase from 5,129 in 2010. Of the total housing units in 2020, 4,522 were singlefamily detached units (typical houses), approximately 81.2% of the total (California Department of Finance 2020).

Environmental Impacts and Mitigation Measures
a) Unplanned Population Growth.

The project does not add residences or commercial/industrial activities that may induce population growth. It does not propose any new infrastructure that could stimulate

1.4.D.a
Packet Pg. 137 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-42 March 2024 development that could add to the Ripon population. As such, the project would have no impact on population growth, planned or unplanned.
b) Displacement of Housing or People.

The project would be constructed in an area with no housing. No housing or residents within would be displaced as a result of the project. The project would have no impact regarding the displacement of housing or people.

3.15 PUBLIC SERVICES
Would the project:
a) Result in substantial adverse physical impacts associated with the provision of, or the need for, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Environmental Setting
The project site is mostly within the City of Ripon, although some of the site is leased from San Joaquin County. Fire protection services are provided by the Ripon Consolidated Fire District. Police protection services are provided by the Ripon Police Department. The project site is within the boundaries of the Ripon Unified School District. Park and recreation services are provided by the City and the County (see Section 3.16 below). Other public services include the Ripon Memorial Library on Main Street.

Environmental Impacts and Mitigation Measures
a-i) Fire Protection.

The project is the extension of an existing bike/pedestrian trail by paving existing dirt trails.

It is not expected to generate an increase in demand for fire protection services such that new or expanded facilities would be required. The project would have no impact on fire protection services.

1.4.D.a
Packet Pg. 138 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-43 March 2024 a-ii) Police Protection.

The project is not expected to generate an increase in demand for police protection services such that new or expanded facilities would be required. The project would have no impact on police protection services. Paving of the existing trail will marginally improve access to the project area.
a-iii) Schools.

The project is not expected to generate an increase in population such that new or expanded school facilities would be required. The project would have no impact on school services. a-iv) Parks
While the project would expand an existing recreational facility (see Section 3.16, Recreation), the project is not expected to increase demand on existing parks, as it is not expected to generate an increase in population. No new or expanded park facilities would be required. The project would have no impact on parks. a-v) Other Public Facilities.

The project is not expected to generate an increase in population such that new or expanded library or other public facilities would be required. The project would have no impact on other public facilities.

3.16 RECREATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated?
b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment?
Environmental Setting
Park and recreation services within the Ripon City limits are provided by the City of Ripon.

The City Parks and Recreation Department manages 22 parks and six recreational facilities.

The proposed eastern segment would go through Oak Grove Park, a 55-acre park beyond the end of South Stockton Avenue. Oak Grove Park is a mostly undeveloped park with hiking and bicycling trails and access to the Stanislaus River.

1.4.D.a
Packet Pg. 139 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-44 March 2024 At the end of the proposed eastern segment is another City park, Army Corps Park. This park is a 30.5-acre facility along the Stanislaus River east of SR 99. A parking lot to this park is provided at the intersection of South Parallel Avenue and Reynolds Avenue. The park includes Ripon River Crossing, a bicycle and pedestrian bridge that crosses the Stanislaus River and provides a connection to Modesto. Army Corps Park has restroom facilities and a bicycle/pedestrian trail to the bridge, but it is mostly undeveloped.

Another recreational facility near the project site is the Jack Tone Golf Course, a privatelyowned 18-hole golf course and practice facility at the end of Jack Tone Road. The proposed western segment is proposed to be installed along the eastern and southern boundaries of the golf course.

Environmental Impacts and Mitigation Measures
a) Increased Demand on Existing Facilities.

As noted in Section 3.14, Population and Housing, the project is not expected to induce population growth. As such, it would not increase demand on existing parks and recreational facilities. The project would have no impact on existing recreational facilities, other than the existing bike/pedestrian trail as discussed below. b) New or Expanded Recreational Facilities.

The project proposes to extend an existing bike/pedestrian path in the City by paving two existing dirt trails – one through Oak Grove Park to the opposite side of SR 99, the other along the boundaries of Jack Tone Golf Course. This IS/MND has analyzed the potential environmental impacts of the proposed project and concluded that it would have no impacts that cannot be mitigated to a level that would be less than significant. Therefore, while the project would expand an existing recreational facility, impacts would be less than significant.

3.17 TRANSPORTATION
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle, and pedestrian facilities?
b) Conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
c) Substantially increase hazards to a geometric design feature (e g., sharp curves or dangerous intersections) or incompatible uses (e g, farm equipment)?
d) Result in inadequate emergency access?

1.4.D.a
Packet Pg. 140 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-45 March 2024 Environmental Setting
The project is the proposed extension of an existing Class I bike/pedestrian path. The existing path begins approximately at the end of South Stockton Avenue, going south past the City’s CNG fueling station. It then turns westward and goes behind the City’s wastewater treatment plant, approaching the Stanislaus River, before turning northward and finally turning westward and traveling along the wastewater treatment plant ponds before ending just west of the Jack Tone Golf Course. Dirt trails extend from each end of the existing path – one from the east end going through Oak Grove Park, the other from the west end following the eastern boundary of the golf course before going westward along the north bank of the Stanislaus River.

The Circulation Element of the Ripon General Plan contains a map showing a planned bicycle network for the City and nearby unincorporated areas (City of Ripon 2006). The map proposes the installation of several Class I bike paths, including a few in the vicinity of the proposed project. Currently, there are Class 1 bikeways along Santos Avenue, Hoff Drive, Jack Tone Road, Fulton Avenue, River Road, Colony Road, and along portions of Doak Boulevard. Class 1 bike lanes have been delineated on Jack Tone Road from West Main Street to Doak Boulevard and along sections of Doak Boulevard. In addition, a Class 1 bike path has been installed at Army Corps Park, along with a bicycle/pedestrian bridge across the Stanislaus River. The bridge has eliminated potential safety concerns arising from pedestrians and bicyclists using the SR 99 vehicle bridges.

Environmental Impacts and Mitigation Measures
a) Conflict with Transportation Plans, Ordinances, and Policies.

The project proposes the extension of the existing Class I bike path to the east and west.

This improvement would be consistent with plans for the expansion of the City’s bicycle network, as outlined in the Ripon General Plan. Other potentially applicable transportation plans are concerned mainly with roadway and public transit improvements. The project would not conflict with these proposed improvements. The project would have no impact on this issue.
b) Conflict with CEQA Guidelines Section 15064.3(b).

The State of California has recently added Section 15064.3 to the CEQA Guidelines, which is meant to incorporate SB 743 into CEQA analysis. SB 743 was enacted in 2013 with the intent to balance congestion management needs and the mitigation of the environmental impacts of traffic with statewide GHG emission reduction goals, mainly by developing an alternative mechanism for evaluating transportation impacts. Section 15064.3 states that VMT is the preferred method for evaluating transportation impacts, rather than the commonly used LOS. The VMT metric measures the total miles traveled by vehicles as a result of a given project. VMT accounts for the total environmental impact of transportation associated with a project, including use of non-vehicle travel modes.

1.4.D.a
Packet Pg. 141 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-46 March 2024 The OPR Technical Advisory identifies screening criteria that can be used to determine whether sufficient evidence exists to presume a project will have a less-than-significant VMT impact without conducting a detailed study. One of the criteria is that of a “small project,” which is defined as a project that generates 110 or fewer average daily vehicle trips (OPR 2018). The project is projected to generate no daily motor vehicle trips; all traffic would be bicycle or pedestrian. Therefore, the project is considered a “small project” per the OPR Technical Advisory.

Also, the OPR Technical Advisory states that projects that would not likely lead to a substantial or measurable increase in vehicle travel include the addition of new or enhanced bike or pedestrian facilities on existing streets/highways or within existing public rightsof-way (OPR 2018). The project is the extension of an existing bike path, so it would not increase motor vehicle traffic. Therefore, the project would not conflict with CEQA Guidelines Section 15064.3(b) and would have no impact on this issue. c) Transportation Hazards.

The project would pave and widen two existing dirt trails, thereby making them safer for use by bicycles and pedestrians. The project would not conflict with motor vehicle traffic, as the project proposes to extend an existing Class I bike path that separates bicycle and pedestrian traffic from motor vehicle traffic. The project would have no impact related to transportation hazards.
d) Emergency Access.

As described in Section 3.9, Hazards and Hazardous Materials, the project would not obstruct emergency vehicle access or potential evacuations. The paved trails would likely make access easier for emergency personnel in the adjacent areas. The project would have no impact on emergency access.

3.18 TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section
5020.1(k), or
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the
criteria set forth in subdivision (c) of Public Resources Code

1.4.D.a
Packet Pg. 142 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-47 March 2024 Section 5024.1, the lead agency shall consider the
significance of the resource to a California Native American tribe.

Environmental Setting
The project site lies in the ethnographically reported territory of the Northern Valley Yokuts, whose territory extended from the large bend in the San Joaquin River near Mendota north to the confluence of the San Joaquin and Calaveras Rivers. The Ripon area is located roughly in the northern third of the geographical range of the Yokuts. This diverse environment varies from tule marshes to dry plains and open oak woodlands.

The Yokuts lived in small seasonal camps geared towards hunting or acorn gathering and processing or in larger settlements centered on perennial water sources such as the San Joaquin River. Dwellings in the larger villages consisted of circular tule covered structures and more elaborate semi-subterranean pit houses. Ceremonial sweat houses and assembly chambers were often constructed within the more substantial villages. These larger settlements might include approximately 200 inhabitants constituting a small sub-tribe of the Yokuts. Yokuts material culture and technological systems were as varied as the environments in which they resided and reflected the diversity of the resources available for their use. Such resources included numerous fish species, shellfish, turtles, waterfowl, tule elk, pronghorn antelope, and the staple acorn.

In 2014, the California Legislature enacted AB 52, which focuses on CEQA consultation with Native American tribes on projects potentially affecting the tribes. The intent of this consultation is to avoid or mitigate potential impacts on “tribal cultural resources,” which are defined as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe.”
Under AB 52, when a tribe requests consultation with a CEQA lead agency on projects within its traditionally and culturally affiliated geographical area, the lead agency must provide the tribe with notice of a proposed project within 14 days of a project application being deemed complete or when the lead agency decides to undertake the project, if it is the agency’s own project. The tribe has up to 30 days to respond to the notice and request consultation; if consultation is requested, then the local agency has up to 30 days to initiate consultation.

Matters which may be subjects of AB 52 consultation include the type of CEQA environmental review necessary, the significance of tribal cultural resources, and project alternatives or appropriate measures for preservation or mitigation of the tribal cultural resource that the tribe may recommend to the lead agency. The consultation process ends when either (1) the resource in question is not considered significant, (2) the parties agree to mitigate or avoid a significant effect on a tribal cultural resource, or (3) a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. Regardless of the outcome, a lead agency is still obligated under CEQA to mitigate for any significant environmental effects, as explicitly noted in AB 52.

1.4.D.a
Packet Pg. 143 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-48 March 2024 Environmental Impacts and Mitigation Measures
a, b) Tribal Cultural Resources.

On behalf of the City, Solano Archaeological Services contacted the Native American Heritage Commission (NAHC) via an emailed letter on March 22, 2021 to request a Sacred Lands File search and a list of appropriate Native American tribal contacts for the proposed Project (Attachment B). On April 20, 2021, the NAHC replied that a search did not reveal the presence of any known Native American sites or properties within or near the project site.

The NAHC supplied a list of eight Native Americans, representing four tribes, to contact regarding requesting project recommendations and information on unrecorded cultural resources that may exist within or in the vicinity of the project area. Solano Archaeological Service subsequently mailed letters to these contacts representing the following tribes:

Confederated Villages of Lisjan, Northern Valley Yokuts, Tule River Indian Tribe, and Wilton Rancheria. No responses have been received from any of the tribal contacts on the NAHC list. The City has received requests for consultation on projects from two tribes: the Buena Vista Rancheria and the Torres Martinez Desert Cahuilla Indians . The requests dated from 2016 and were not specific to this project.

Based on the information above, the project site does not appear to encroach upon or otherwise affect any tribal cultural resources. However, given the proximity of the project to the Stanislaus River, it is possible that currently unknown tribal cultural resources could be encountered during project construction, including human burials. Section 3.5, Cultural Resources, describes potential impacts on archaeological resources and human burials.

Along with implementation of the provisions of CEQA Guidelines Section 15064.5(e), Mitigation Measure CULT-1 would minimize impacts on any archaeological resources encountered, including tribal cultural resources. With mitigation, project impacts on tribal cultural resources would be less than significant.

Level of Significance: Potentially significant
Mitigation Measures: Implementation of Mitigation Measure CULT-1.

Significance after Mitigation: Less than significant

3.19 UTILITIES AND SERVICE SYSTEMS
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?

1.4.D.a
Packet Pg. 144 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-49 March 2024 b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry, and multiple dry years?
c) Result in a determination by the wastewater treatment provider that would serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Environmental Setting
The City of Ripon provides wastewater collection and treatment services for City residents and businesses. The City’s treatment facility has a current capacity of 2.43 million gallons per day (City of Ripon 2017). Water service is provided by the City of Ripon. Ripon’s potable water system relies on four groundwater wells with a maximum pumping capacity of 7,000 gallons per minute, along with two aboveground storage tanks with a combined capacity of 4.0 million gallons (City of Ripon 2019).

The City of Ripon maintains a network of storm drains and detention basins. Stormwater is pumped into the Stanislaus River from basins in order to control flows (City of Ripon 2017).

All residential solid waste services are provided by the City of Ripon with waste going to the Lovelace transfer station. Solid waste collection services for commercial and industrial uses in the City of Ripon are provided by Gilton Solid Waste Management and Bertolotti Disposal, both franchisees of the City. Collected waste is transported to the Foothill Sanitary Landfill in Linden. Electrical and natural gas service in the City is mainly provided by PG&E, but the Modesto Irrigation District provides electrical service to some local industries and residential areas. Telephone service is provided by Frontier Communications, and cable television service is provided by Charter/Spectrum. The latter two utilities also provide Internet service.

Environmental Impacts and Mitigation Measures
a) Relocation or Construction of New Facilities.

The project proposes to pave existing dirt trails. No utility facilities currently exist on the project site, and the project does not propose to install any utilities. The project would have no impact regarding relocation or construction of new utility facilities.

1.4.D.a
Packet Pg. 145 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-50 March 2024 b) Water Systems and Supply.

The project would not install water facilities and therefore would not place demands on the City’s water supplies. The project would have no impact on water systems or supplies. c) Wastewater Treatment Capacity.

The project would not install wastewater facilities and therefore would not place demands on the City’s wastewater treatment plant. The project would have no impact on wastewater treatment capacity.
d, e) Solid Waste Services.

As a recreational amenity to be used by bicyclists and pedestrians, the project is not expected to generate solid waste such that collection service or landfill capacity would be required. The project would have no impact on solid waste services or regulations.

3.20 WILDFIRE
If located in or near State Responsibility Areas or lands classified as Very High Fire Hazard Severity Zones, would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Environmental Setting
Wildland fires are an annual hazard in San Joaquin County. Wildland fires burn natural vegetation on undeveloped lands and include rangeland, brush, and grass fires. Long, hot, and dry summers with temperatures often exceeding 100°F add to the County’s fire hazard.

Human activities are the major causes of wildland fires, while lightning causes the remaining wildland fires. High hazard areas for wildland fires are the grass-covered areas in the east and the southwest foothills of the County (San Joaquin County 2016). The City is not located within the identified hazard areas.

1.4.D.a
Packet Pg. 146 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-51 March 2024 The California Department of Forestry and Fire Protection (Cal Fire) has a Fire and Resource Assessment Program that identifies fire threat based on a combination of two factors: 1) fire frequency, or the likelihood of a given area burning, and 2) potential fire behavior (hazard). These two factors are combined in determining the following Fire Hazard Severity Zones: Moderate, High, Very High, Extreme. These zones apply to areas designated as State Responsibility Areas – areas in which the State has primary firefighting responsibility. The project site is not within a State Responsibility Area (Cal Fire 2007a).

However, the City is in a Local Responsibility Area (i.e., local fire district has primary firefighting responsibility), which also have designated Fire Hazard Severity Zones.

Portions of the north bank of the Stanislaus River have been placed in a Moderate Fire Hazard Severity Zone (Cal Fire 2007b).

Environmental Impacts and Mitigation Measures
a) Emergency Response Plans and Emergency Evacuation Plans.

As noted in Section 3.9, Hazards and Hazardous Materials, and Section 3.17, Transportation, the project would not obstruct emergency vehicle access or evacuation routes. The project would have no impact on this issue. b) Exposure of Project Occupants to Wildfire Hazards.

The project is the extension of a bike/pedestrian path. It would not be permanently occupied by any residents; as such, no occupants would be exposed to wildfires or to pollutant concentrations generated by wildfires. The project would have no impact on this issue. c) Installation and Maintenance of Infrastructure.

The project would extend a paved bike/pedestrian path. The proposed extension would improve the path in areas designated as a Moderate Fire Hazard Severity Zone. However, as a recreational amenity, the existing trail already provides recreational access to the area, and the project is not expected to exacerbate the existing risk of wildfire in the area. Project impacts related to exacerbation of wildfire hazards by infrastructure would be less than significant.
d) Risks from Runoff, Post-Fire Slope Instability, or Drainage Changes.

The project site is in a topographically flat area at the bottom of the San Joaquin Valley.

There are no streams or other channels that cross the site. As such, it is not expected that people or structures would be exposed to significant risks from changes resulting from fires in steeper areas, including downslope or downstream flooding or landslides. The project would have no impact related to risks from runoff, post-fire slope instability, or drainage changes.

1.4.D.a
Packet Pg. 147 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-52 March 2024

3.21 MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,
substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
a) Findings on Biological and Cultural Resources.

The biological resource impacts of the revised project were described in Section 3.4, Biological Resources. Cultural resource impacts were described in Section 3.5, Cultural Resources, and Section 3.18, Tribal Cultural Resources. Potentially significant environmental effects on biological and cultural resources were identified, but implementation of mitigation measures described in these sections would reduce these effects to a level that would be less than significant. b) Findings on Individually Limited but Cumulatively Considerable Impacts.

The cumulative impacts of development within the City of Ripon have been addressed in the Ripon General Plan EIR. The GPEIR identified several potentially significant cumulative effects, including impacts on biological resources, cultural resources, traffic, air quality, and utility and service systems, among others.

The proposed project would involve a contribution to some of these identified impacts. By and large, these contributions are minimal and would involve no change in the severity of potential impacts identified in the GPEIR. This IS/MND prescribes mitigation measures for project contributions that are identified as potentially significant. With the required implementation of mitigation measures, these potential effects would be reduced to a level that would be less than significant. None of the project impacts would be cumulatively

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Packet Pg. 148 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 3-53 March 2024 considerable, either in combination with other impacts associated with the project, or when considered in the context of the environmental impacts of other planned urban development.
c) Findings on Adverse Effects on Human Beings.

Potential adverse project effects on human beings were discussed in Section 3.3, Air Quality; Section 3.7, Geology and Soils (seismic hazards); Section 3.9, Hazards and Hazardous Materials; Section 3.10, Hydrology and Water Quality (flooding); Section 3.17, Transportation (traffic hazards); and Section 3.20, Wildfire. No adverse effects on human beings were identified in those sections.

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Packet Pg. 149 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 4-1 March 2024

4.0 REFERENCES

4.1 DOCUMENT PREPARERS
This IS/MND was prepared by BaseCamp Environmental, Inc. for use by and under the supervision of the City of Ripon. The following persons were involved in preparation of the IS/MND:

BaseCamp Environmental, Inc.

Charlie Simpson, Principal
Terry Farmer, AICP, Senior Environmental Planner
Krista Simpson, Associate Environmental Planner

4.2 REFERENCES CITED
California Air Resources Board (ARB). 2017. California’s 2017 Climate Change Scoping Plan. November 2017.
______. 2022. California Greenhouse Gas Emissions for 2000 to 2020: Trends of Emissions and Other Indicators. October 26, 2022.

California Department of Conservation, Division of Land Resources Protection, Farmland Mapping and Monitoring Program (FMMP). 2018. San Joaquin County Important Farmland 2018 (map).

California Department of Finance. 2020. Report E-5, Population and Housing Estimates for Cities, Counties, and the State, January 1, 2011-2020, with 2010 Benchmark.

Released May 1, 2020.

California Department of Forestry and Fire Protection (Cal Fire). 2007a. Draft Fire Hazard Severity Zones in SRA, San Joaquin County (map). Adopted on November 7, 2007.
______. 2007b. Draft Fire Hazard Severity Zones in LRA, San Joaquin County (map).

October 2, 2007.

California Department of Toxic Substances Control (DTSC). 2021. EnviroStor database.

Available online at www.envirostor.dtsc.ca.gov. Accessed May 19, 2021.

California Department of Transportation (Caltrans). 2015. Paleontological Evaluation Report and Preliminary Paleontological Mitigation Plan for the Madera 41 South Expressway Project, Madera County, California. Prepared by Cogstone Resource Management Inc. November 2015.

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Packet Pg. 150 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 4-2 March 2024 ______. 2017. Designated and Eligible California Scenic Highways. Available online at www.dot.ca.gov/design/lap/livability/scenic-highways/index.html. March 2017.

California Energy Commission (CEC). 2021a. Electricity Consumption by County – San Joaquin County 2019. Available online at ecdms.energy.ca.gov/ elecbycounty.aspx. Accessed August 20, 2021.
______. 2021b. Gas Consumption by County – San Joaquin County 2019. Available online at ecdms.energy.ca.gov/gasbycounty.aspx. Accessed August 20, 2021.

California Geological Survey. 2015. CGS Information Warehouse: Regulatory Maps.

Available online at http://maps.conservation.ca.gov/cgs/ informationwarehouse/index.html?map=regulatorymaps.

City of Ripon. 2006. City of Ripon General Plan. Adopted September 19, 2006. ______. 2016a. City of Ripon General Plan Community Health and Safety Element.

Amended October 13, 2016.
______. 2016b. 2015-2023 Housing Element. Prepared by De Novo Planning Group.

Adopted April 12, 2016.
______. 2017. City of Ripon 2015 Urban Water Management Plan. Prepared by Provost and Pritchard Consulting Group. November 2017.
______. 2019. City of Ripon Water Quality Report.

Eastern San Joaquin Groundwater Authority (ESJGA). 2019. Eastern San Joaquin Groundwater Subbasin Groundwater Sustainability Plan. November 2019.

Federal Emergency Management Agency (FEMA). 2009a. Flood Insurance Rate Map #06077C0782F, San Joaquin County, California. Effective date October 16, 2009. ______. 2009b. Flood Insurance Rate Map #06077C0801F, San Joaquin County, California. Effective date October 16, 2009.

Governor’s Office of Planning and Research (OPR). 2018. Technical Advisory on Evaluating Transportation Impacts in CEQA. December 2018.

Moore Biological Consultants. 2023. Lower Stanislaus River Multi-Use Trail, Ripon: San Joaquin County, California: Biological Assessment. October 17, 2023.

San Joaquin Council of Governments. (SJCOG). 2000. San Joaquin County MultiSpecies Open Space and Habitat Conservation Plan (SJMSCP). November 14, 2000.
______. 2018. 2018 Regional Transportation Plan/Sustainable Communities Strategy.

Adopted June 2018.

San Joaquin County. 2016. San Joaquin County General Plan Background Report.

Prepared by Mintier Harnish. December 2016.

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Packet Pg. 151 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 4-3 March 2024 San Joaquin County Flood Control and Water Conservation District (San Joaquin County FCWCD). 2018. Groundwater Report, Spring 2018.

San Joaquin Valley Air Pollution Control District (SJVAPCD). 2009. Final Staff Report – Climate Change Action Plan: Addressing Greenhouse Gas Emissions Impact under the San Joaquin Valley Air Pollution Control District. ______. 2015. Guide for Assessing and Mitigating Air Quality Impacts. Adopted March 19, 2015.
______. 2020. Ambient Air Quality Standards and Valley Attainment Status. Available online at valleyair.org/aqinfo/attainment.htm. Accessed April 3, 2020.

Solano Archaeological Services. 2021. Cultural Resources Inventory and Evaluation - Lower Stanislaus River Multi-Use Trail Project, City of Ripon, San Joaquin County, California. May 6, 2021.

State Water Resources Control Board (SWRCB). 2021. GeoTracker database. Available online at www.geotracker.swrcb.ca.gov. Accessed May 19, 2021.

U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS). 2021.

Custom Soil Resource Report for Eastern Stanislaus Area, California and San Joaquin County, California. March 23, 2021.

U.S. Department of Agriculture, Soil Conservation Service (SCS). 1992. Soil Survey of San Joaquin County, California.

U.S. Environmental Protection Agency (EPA). 2009. Endangerment and Cause of Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act. Federal Register Vol. 74, No. 239, pp. 66496-66546. December 15, 2009.

U.S. Geological Survey. 2021. USGS Surface-Water Annual Statistics for California - USGS 11303000 Stanislaus River at Ripon, California. Available online at https://waterdata.usgs.gov/ca/nwis/annual/?referred_module=sw&amp;site_no=1 1303000&amp;por_11303000_9833=2208957,00060,9833,1941,2021&amp;year _type=W&amp;format=html_table&amp;date_format=YYYY-MMDD&amp;rdb_compression=file&amp;submitted_form=parameter_selection_list.

Accessed May 20, 2021.

Wagner, D. L., E. J. Bortugno, and R. D. McJunkin. 1991. Geologic Map of the San Francisco-San Jose Quadrangle, California, 1:250,000. California Division of Mines and Geology, Regional Geologic Map Series.

Westerling, Leroy, Josue Medellin-Azuara, Joshua Viers. 2018. San Joaquin Valley Summary Report. California’s Fourth Climate Change Assessment. Publication number: SUM-CCCA4-2018-003.

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Packet Pg. 152 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 4-4 March 2024

4.3 PERSONS CONSULTED
Christiana Giedd, Engineer, City or Ripon
Diane Moore M.S., Principal Biologist, Moore Biological Consultants Steve Mayo, SJCOG
Ken Zuidervaart, Director of Planning, Building & Economic Development, City of Ripon

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Packet Pg. 153 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 5-1 March 2024

5.0 NOTES RELATED TO EVALUATION OF
ENVIRONMENTAL IMPACTS
The following notes are included in the Environmental Information Checklist shown in Appendix G of the State CEQA guidelines. The notes provide guidance as to the proper use of the form.
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
4) “Negative Declaration: Less Than Significant with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

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Packet Pg. 154 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail IS/MND 5-2 March 2024 c) Mitigation Measures: For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances).

Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.

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Packet Pg. 155 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) APPENDIX A
AIR QUALITY MODELING RESULTS

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Packet Pg. 156 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Road Construction Emissions Model, Version 9.0.0
Daily Emission Estimates for -> Total Exhaust Fugitive Dust Total Exhaust Fugitive Dust Project Phases (Pounds) ROG (lbs/day) CO (lbs/day) NOx (lbs/day) PM10 (lbs/day) PM10 (lbs/day) PM10 (lbs/day) PM2.5 (lbs/day) PM2.5 (lbs/day) PM2.5 (lbs/day) SOx (lbs/day) CO2 (lbs/day) CH4 (lbs/day) N2O (lbs/day) CO2e (lbs/day) Grubbing/Land Clearing 2.34 19.33 20.42 3.62 0.82 2.80 1.34 0.76 0.58 0.05 4,738.40 1.47 0.04 4,788.10 Grading/Excavation 4.17 38.66 40.35 4.48 1.68 2.80 2.13 1.55 0.58 0.09 8,126.75 2.57 0.07 8,213.01 Drainage/Utilities/Sub-Grade 3.42 31.86 32.59 4.11 1.31 2.80 1.82 1.23 0.58 0.07 6,418.36 1.56 0.06 6,473.92 Paving 1.72 21.26 16.76 0.80 0.80 0.00 0.72 0.72 0.00 0.04 3,543.71 0.94 0.10 3,596.73 Maximum (pounds/day) 4.17 38.66 40.35 4.48 1.68 2.80 2.13 1.55 0.58 0.09 8,126.75 2.57 0.10 8,213.01 Total (tons/construction project) 0.04 0.34 0.34 0.04 0.01 0.02 0.02 0.01 0.00 0.00 68.37 0.02 0.00 69.10 Notes: Project Start Year -> 2024
Project Length (months) -> 1
Total Project Area (acres) -> 3
Maximum Area Disturbed/Day (acres) -> 0
Water Truck Used? -> No
Phase Soil Asphalt Soil Hauling Asphalt Hauling Worker Commute Water Truck Grubbing/Land Clearing 0 0 0 0 40 0
Grading/Excavation 0 0 0 0 40 0
Drainage/Utilities/Sub-Grade 0 0 0 0 0 0
Paving 0 479 0 120 50 0
CO2e emissions are estimated by multiplying mass emissions for each GHG by its global warming potential (GWP), 1 , 25 and 298 for CO2, CH4 and N2O, respectively. Total CO2e is then estimated by summing CO2e estimates over all GHGs.

Total Emission Estimates by Phase for -> Total Exhaust Fugitive Dust Total Exhaust Fugitive Dust Project Phases
(Tons for all except CO2e. Metric tonnes for CO2e) ROG (tons/phase) CO (tons/phase) NOx (tons/phase) PM10 (tons/phase) PM10 (tons/phase) PM10 (tons/phase) PM2.5 (tons/phase) PM2.5 (tons/phase) PM2.5 (tons/phase) SOx (tons/phase) CO2 (tons/phase) CH4 (tons/phase) N2O (tons/phase) CO2e (MT/phase) Grubbing/Land Clearing 0.00 0.02 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.21 0.00 0.00 4.78 Grading/Excavation 0.02 0.17 0.18 0.02 0.01 0.01 0.01 0.01 0.00 0.00 35.76 0.01 0.00 32.78 Drainage/Utilities/Sub-Grade 0.01 0.09 0.09 0.01 0.00 0.01 0.00 0.00 0.00 0.00 17.65 0.00 0.00 16.15 Paving 0.00 0.06 0.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9.75 0.00 0.00 8.97 Maximum (tons/phase) 0.02 0.17 0.18 0.02 0.01 0.01 0.01 0.01 0.00 0.00 35.76 0.01 0.00 32.78 Total (tons/construction project) 0.04 0.34 0.34 0.04 0.01 0.02 0.02 0.01 0.00 0.00 68.37 0.02 0.00 62.69 CO2e emissions are estimated by multiplying mass emissions for each GHG by its global warming potential (GWP), 1 , 25 and 298 for CO2, CH4 and N2O, respectively. Total CO2e is then estimated by summing CO2e estimates over all GHGs.

The CO2e emissions are reported as metric tons per phase.

Daily VMT (miles/day)
Total PM10 emissions shown in column F are the sum of exhaust and fugitive dust emissions shown in columns G and H. Total PM2.5 emissions shown in Column I are the sum of exhaust and fugitive dust emissions shown in columns J and K.

Ripon River Trail
PM10 and PM2.5 estimates assume 50% control of fugitive dust from watering and associated dust control measures if a minimum number of water trucks are specified.

Ripon River Trail
PM10 and PM2.5 estimates assume 50% control of fugitive dust from watering and associated dust control measures if a minimum number of water trucks are specified.

Total PM10 emissions shown in column F are the sum of exhaust and fugitive dust emissions shown in columns G and H. Total PM2.5 emissions shown in Column I are the sum of exhaust and fugitive dust emissions shown in columns J and K.

Total Material Imported/Exported
Volume (yd3/day)

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Packet Pg. 157 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) APPENDIX B
BIOLOGICAL ASSESSMENT

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Packet Pg. 158 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL CONSULTANTS
October 17, 2023
Mr. Charlie Simpson
BaseCamp Environmental
802 West Lodi Avenue
Lodi, CA 95240
Subject: “LOWER STANISLAUS RIVER MULTI-USE TRAIL”, RIPON: SAN JOAQUIN COUNTY, CALIFORNIA: BIOLOGICAL ASSESSMENT
Dear Charlie:

Thank you for asking Moore Biological Consultants to assist with the Lower Stanislaus River Multi-Use Trail project in Ripon, San Joaquin County, California (Figure 1). The purposes of this assessment are to describe existing biological resources in the project site, identify potentially significant impacts to biological resources from the project, and provide recommendations for how to reduce those impacts to a less-than-significant level. The work involved reviewing databases, aerial photographs, and documents, and conducting field surveys to document vegetation communities, potentially jurisdictional Waters of the U.S. and/or wetlands, and potentially suitable habitat for or presence of special-status species. This report details the methodology and results of our investigation.

Project Overview
The City of Ripon plans to widen and pave approximately 10,700 feet of existing trail along north edge of the Stanislaus River riparian corridor (see Project Plans in Attachment A). The existing trails are approximately 10 feet wide and consist of dirt and some gravels. The trails are utilized by pedestrians, bicyclists, and runners and will be improved to provide smoother surfaces to improve safety and provide ADA accessibility.
10330 Twin Cities Road, Suite 30 • Galt, CA 95632
(209) 745–1159 • Fax (209) 745-7513
e-mail: [email protected]

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Packet Pg. 159 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 0 1,000 2,000. Figure 1
Map Date: 07/25/2023
USGS
C:\FEC_INC\Projects\Moore Biological\Lower_Stanislaus_River_Bike_Trail\MXD\ripon_lower_stanislaus_river_bike_trail_usgs_figure_1.mxd City of Ripon, CA
Lower Stanislaus River Trail
Moore Biological
Consultants
Source: USGS 7.5' Quadrangles

SALIDA & RIPON, CA
Sections: 29,36
Township: 02S
Range: 07E,08E
^_ Study Area
Study Area

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Packet Pg. 160 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 3 October 17, 2023 The East Trail starts at an existing paved multi-use trail along the east side of Highway 99 and continues west approximately 7,400 feet to a paved multi-use trail south of the intersection of Doak Boulevard and South Stockton Avenue (Figures 2 and 3). There is an alternate section of trail at the west end of the East Trail that was initially considered but is not currently preferred.

The West Trail starts at an existing paved multi-use trail south of the intersection of South Jack Tone Road and Reuss Road and continues southwest approximately 4,760 feet to the southwest corner of the Jack Tone Golf Course (Figure 4).

Construction activity will primarily involve minor grading to widen some sections of the trail and paving. No vegetation will be removed, but work will occur in close proximity to numerous trees and shrubs. Following construction, vegetation and wildlife habitats adjacent to the trail will be comparable to those prior to construction.

Methods
California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB, 2020) was searched prior to the field surveys; an updated search was undertaken in July 2023 (CNDDB, 2023). The CNDDB search area included the USGS 7.5-minute Manteca, Avena, Ripon, and Salida topographic quadrangles, which encompass approximately 240+/- square miles around the site (Attachment B). The United States Fish and Wildlife Service (USFWS) IPaC Trust Resource Report of Federally Threatened and Endangered species that may occur in or be affected by projects in the project vicinity was also reviewed (Attachment B). This information was used to identify wildlife and plant species that have been documented in the project vicinity or that may have the potential to occur if suitable habitat is present. We also reviewed the IPaC and USFWS on-line-maps of designated critical habitat.

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Packet Pg. 161 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) UV99
Stanislaus River
.
0 250 500
Feet
Figure 2
Map Date: 06/21/2023
Aerial Source: Google Earth (04/22/2022)
East Trail – Aerial
C:\FEC_INC\Projects\Moore Biological\Lower_Stanislaus_River_Bike_Trail\MXD\ripon_lower_stanislaus_river_bike_trail_figure_2.mxd Moore Biological
Consultants City of Ripon, CA
Lower Stanislaus River Trail
¯ KEY
East Trail

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Packet Pg. 162 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Stanislaus River
.
0 250 500
Feet
Figure 3
Map Date: 06/21/2023
Aerial Source: Google Earth (04/22/2022)
East Trail – Aerial
C:\FEC_INC\Projects\Moore Biological\Lower_Stanislaus_River_Bike_Trail\MXD\ripon_lower_stanislaus_river_bike_trail_figure_3.mxd Moore Biological
Consultants City of Ripon, CA
Lower Stanislaus River Trail
¯ KEY
Alternate Trail Segment
East Trail

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Packet Pg. 163 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Dunn Rd
Stan islaus River
0 250
.
500
Feet
Figure 4
Map Date: 06/21/2023
Aerial Source:

Google Earth (04/22/2022)
West Trail – Aerial
C:\FEC_INC\Projects\Moore Biological\Lower_Stanislaus_River_Bike_Trail\MXD\ripon_lower_stanislaus_river_bike_trail_figure_4.mxd Moore Biological
Consultants City of Ripon, CA
Lower Stanislaus River Trail
¯ KEY
West Trail

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Packet Pg. 164 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 7 October 17, 2023 Field surveys of the site were conducted on May 27, December 23 and 29, 2020, March 15 and 16, and July 23, 2021, and March 15, April 5, and June 16, 2023.

The survey area included the trail as well as adjacent areas. The surveys consisted of walking throughout the site making observations of habitat conditions and noting surrounding land uses, habitat types, and plant and wildlife species. The survey included an assessment of the site for the presence or absence of potentially jurisdictional Waters of the U.S. (a term that includes wetlands) as defined by the U.S. Army Corps of Engineers (ACOE, 1987; 2008), and/or Waters of the State, including State Wetlands.

The site was also for searched for special-status species and potentially suitable habitat for special-status species (e.g., areas with unusual soils, blue elderberry shrubs, vernal pools). Additionally, trees in and near the site were assessed for the potential use by nesting raptors, especially Swainson’s hawk (Buteo swainsoni). The grassland areas in the site were searched for burrowing owls (Athene cunicularia) or ground squirrel burrows with evidence of past occupancy.

Blue elderberry shrubs (Sambucus nigra ssp. caerulea) growing within approximately 25 feet of the edges of the trail were mapped using a Trimble GeoXH Global Positioning System (GPS) unit. In a few areas where a continuous row of blue elderberry shrubs is growing parallel to the trail, each end of the location of each end of the “hedge” was recorded. As most of the blue elderberry shrubs or hedges had multiple stems, the location of the stem in closest proximity to the trail was mapped.

Results
GENERAL SETTING: The project site consists of two sections of trail, collectively referred to as the “project site” throughout much of this document, and referred to as the “East Trail” and “West Trail” when applicable. The project site is in Ripon, in San Joaquin, County California. The East Trail is in Section 29, in Township 2 South, Range 8 East of the USGS 7.5-minute Salida topographic quadrangle and

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Packet Pg. 165 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 8 October 17, 2023 the West Trail is in Sections 30 and 36, within Township 2 South, Range 7 East of the USGS 7.5-minute Ripon topographic quadrangle (Figure 1). The project site is along the north of the Stanislaus River riparian corridor and is at an elevation of approximately 50 feet above mean sea level.

Most of the trail meanders along the edge of the Stanislaus River riparian corridor (Figures 2, 3, 4 and photographs in Attachment C). The East Trail originates just east of Highway 99, meanders generally west just north of the Stanislaus River and continues to the west through oak woodlands before extending north along the edge of a wastewater treatment facility (Figures 2 and 3). An alternate trail segment is also depicted on Figure 3, which breaks from the main trail segment and meanders northwest through oak woodlands, ending at the same location near the wastewater treatment pond.

The West Trail originates just west of the wastewater treatment facility and east of the Jack Tone Golf Course. The trail meanders generally southwest, just south of the Jack Tone Golf Course and north of the Stanislaus River (Figure 4).

Surrounding land uses in this part of San Joaquin County are mixed, with agricultural parcels dominating lands to the south of the Stanislaus River and residential subdivisions and commercial development in Ripon, north of the project site. There is a wastewater treatment plant situated between the two trails, and just north of the Stanislaus River (Figures 3 and 4).

VEGETATION: a majority of the trail meanders along the north edge Stanislaus River riparian corridor and is within the understory of large oaks and other common riparian tree and shrub species. Understory vegetation along and adjacent to the trail is comprised of highly disturbed ruderal grasses and weeds.

Oats (Avena sp.), soft chess brome (Bromus hordeaceus), ripgut brome (B. diandrus), and foxtail barley (Hordeum murinum) are some of the most common grasses in the ruderal grassland vegetation found within the grasslands in the

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Packet Pg. 166 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 9 October 17, 2023 site. Other grassland species such as bull thistle (Cirsium vulgare), morning glory (Convolvulus arvensis), rancher’s fireweed (Amsinckia menziesii), prickly lettuce (Lactuca serriola), Canadian horseweed (Erigeron canadensis), and filaree (Erodium sp.) are intermixed with the grasses. Table 1 is a list of plant species observed in the site.

Dominant understory shrubs along the trails and within close proximity to the trails include giant reed (Arundo sp.), blue elderberry, and willows (Salix sp.).

Other common understory species include wild grape (Vitis californica), Himalayan blackberry (Rubus armeniacus), and California rose (Rosa californica).

Valley oaks (Quercus lobata), Fremont’s cottonwood (Populus fremontii), and box elder (Acer negundo) are the dominant tree species adjacent to and hanging over the trail.

There also numerous blue elderberry shrubs along the trail and in close proximity to the trail. The blue elderberry shrubs range from relatively small, isolated shrubs to a continuous shrub “hedge”. A total of 85 blue elderberry shrubs and hedges were located within approximately 25 feet of the edges of the trail (Figures A, B, and C in Attachment D and photographs in Attachment C).

WILDLIFE: A variety of bird species were observed during the field surveys; the majority of these are common species found in riparian and urban areas of San Joaquin County (Table 2). Canada goose (Branta canadensis), American crow (Corvus brachyrhynchos), black phoebe (Sayornis nigricans), red-tailed hawk (Buteo jamaicensis), acorn woodpecker (Melanerpes formicivorus), spotted towhee (Pipilo maculatus), yellow-billed magpie (Pica nuttalli), and house finch (Haemorhous mexicanus) are representative of the avian species observed in and near the site.

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Packet Pg. 167 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 10 October 17, 2023 TABLE 1

PLANT SPECIES OBSERVED IN THE SITE
Acer negundo box elder
Amsinckia menziesii rancher’s fireweed
Arundo donax giant reed
Avena sp. wild oat
Bromus diandrus ripgut brome
Bromus hordeaceus soft chess brome
Capsella bursa var. pastoris shepherd’s purse
Cirsium vulgare bull thistle
Claytonia perfoliata minor’s lettuce
Convolulus arvensis morning glory
Cynodon dactylon Bermuda grass
Daucus carota wild carrot
Dittrichia graveolens stinkwort
Erigeron bonariensis hairy fleabane
Erigeron canadensis Canadian horseweed
Erodium botrys filaree
Geranium dissectum dissected geranium
Geranium molle dove’s-foot crane’s-bill
Heterotheca grandiflora telegraph weed
Hordeum murinum foxtail barley
Lactuca serriola prickly lettuce
Lolium perenne perennial ryegrass
Lupinus sp. lupine
Malva neglecta common mallow
Malvella leprosa alkali mallow
Poa annua annual blue grass
Populus fremontii Fremont cottonwood
Quercus lobata valley oak
Raphanus sativa wild radish
Rosa californica California rose
Rubus armeniacus Himalayan blackberry
Rumex crispus curly dock
Salix laevigata polished willow
Salix sp. willow
Sambucus nigra ssp. caerulea blue elderberry
Trifolium hirtum rose clover
Urtica dioica stinging nettle
Vicia sativa common vetch
Vitis californica wild grape
Xanthium strumarium cocklebur

1.4.D.a
Packet Pg. 168 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 11 October 17, 2023 TABLE 2

WILDLIFE SPECIES OBSERVED IN THE SITE
Birds
Great blue heron Ardea herodias
Great egret Casmerodius albus
Snowy egret Egretta thula
Canada goose Branta canadensis
Mallard Anas platyrhynchos
Turkey vulture Cathartes aura
Cooper’s hawk Accipiter cooperi
Red-shouldered hawk Buteo lineatus
Red-tailed hawk Buteo jamaicensis
Northern harrier Circus hudsonius
Swainson’s hawk Buteo swainsoni
American kestrel Falco sparverius
Killdeer Charadrius vociferus
Black-necked stilt Himantopus mexicanus
Western sandpiper Calidris mauri
Western gull Larus occidentalis
Rock dove Columba livia
Anna’s hummingbird Calypte anna
Acorn woodpecker Melanerpes formicivorus
Williamson’s sapsucker Sphyrapicus thyroideus
Nuttall’s woodpecker Dryobates nuttallii
Northern flicker Colaptes auratus
Black phoebe Sayornis nigricans
Tree swallow Tachycineta bicolor
California scrub jay Aphelocoma californica
Yellow-billed magpie Pica nuttalli
American crow Corvus brachyrhynchos
Oak titmouse Baeolophus inornatus
Ruby-crowned kinglet Regulus calendula
Northern mockingbird Mimus polyglottos
Cedar waxwing Bombycilla cedrorum
European starling Sturnus vulgaris
Yellow-rumped warbler Setophaga coronata
Spotted towhee Pipilo maculatus
California towhee Pipilo crissalis
White-crowned sparrow Zonotrichia leucophrys
Brewer’s blackbird Euphagus cyanocephalus
House finch Carpodacus mexicanus
Mammals
California ground squirrel Otospermophilus beecheyi
Western gray squirrel Sciurus griseus

1.4.D.a
Packet Pg. 169 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 12 October 17, 2023 There are several potential nest trees in and near the site that are suitable for nesting raptors and other protected migratory birds. Given the presence of trees and shrubs in and near the site, and emergent wetland vegetation in the Stanislaus River, it is likely one or more pairs of raptors and a variety of songbirds nest in or adjacent to the site each year. Ground-nesting songbirds such as killdeer (Charadrius vociferus) and red-winged blackbird (Agelaius phoeniceus) may nest in the grasslands or on the ground in the site.

A variety of mammals common to riparian and urban areas likely occur in the project site. Western gray squirrel (Sciurus griseus) and California ground squirrel (Otospermophilus beecheyi) were the only mammals observed during the field surveys. Other common species such as raccoon (Procyon lotor), coyote (Canis latrans), black-tailed hare (Lepus californicus), striped skunk (Mephitis mephitis), and Virginia opossum (Didelphis virginiana) are expected to occur in the site on occasion. A number of species of small rodents including mice (Mus musculus, Reithrodontomys megalotis, and Peromyscus maniculatus) and voles (Microtus californicus) also likely occur.

Based on habitat types present, only a few amphibian and reptile species are expected to use habitats in the site. Although none were observed, common species such as western fence lizard (Sceloporus occidentalis), Pacific chorus frog (Pseudacris regilla), gopher snake (Pituophis melanoleucus), common king snake (Lampropeltis getulus), and common garter snake (Thamnophis sirtalis) may occur in the site.

AQUATIC RESOURCES: Waters of the U.S., including wetlands, are defined under 33 Code of Federal Regulations (CFR) 328 to include navigable waterways, their tributaries, and adjacent wetlands. State and federal agencies regulate these habitats and Section 404 of the Clean Water Act requires that a permit be secured prior to the discharge of dredged or fill materials into any Waters of the U.S. The California Regional Water Quality Control Board (RWQCB) implements Section 401 of the Clean Water Act by issuing 401 Certification in support of 404

1.4.D.a
Packet Pg. 170 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 13 October 17, 2023 permits. Many jurisdictional Waters of the U.S. in California are also Waters of the State, and also fall under the jurisdiction of CDFW. “Waters of the U.S.”, as defined in 33 CFR 328.4, encompasses Territorial Seas, Tidal Waters, and Non-Tidal Waters; Non-Tidal Waters includes interstate and intrastate rivers and streams, their tributaries, and their adjacent wetlands. The limit of federal jurisdiction of Non-Tidal Waters of the U.S. extends to the “ordinary high water mark” (OHWM). The OHWM is established by physical characteristics such as a natural water line impressed on the bank, presence of shelves, destruction of terrestrial vegetation, or the presence of litter and debris.

Wetlands are vegetated areas that meet specific vegetation, soil, and hydrologic criteria defined by the ACOE Wetlands Delineation Manual and Regional Supplement (ACOE, 1987; 2008). Wetlands that are adjacent to and hydrologically very closely associated with jurisdictional lakes, rivers, streams, and tributaries can also fall under ACOE jurisdiction as “adjacent wetlands”.

Pursuant to a May 2023 Supreme Court decision, adjacent wetlands must have a continuous surface connection with a jurisdictional Water of the U.S. such that the wetland is indistinguishable from the adjacent water. Geographically and hydrologically isolated wetlands are outside federal jurisdiction, but are regulated by RWQCB as a “Water of the State”.

Jurisdictional Waters of the U.S. and wetlands include, but are not limited to, most perennial and intermittent creeks and lakes, as well as adjacent wetlands such as riparian wetlands along the edges of rivers. Waters of the U.S., wetlands, and other aquatic habitats provide critical habitat components, such as nest sites and a reliable source of water, for a wide variety of wildlife species.

There are no potentially jurisdictional Waters of the U.S. or wetlands of any type in or adjacent to the trails. No areas meeting the technical and regulatory criteria of jurisdictional Waters of the U.S. or wetlands were observed in or adjacent to

1.4.D.a
Packet Pg. 171 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 14 October 17, 2023 the trails. The trails are situated on relatively high ground above the nearby Stanislaus River, with soils that appear to be well draining.

The Stanislaus River, which is adjacent to the site, is a jurisdictional Water of the U.S., with the limits of jurisdiction being defined by the ordinary high water marks.

There is a broad riparian corridor associated with the Stanislaus River. The lower-elevation portions of the riparian corridor support riparian vegetation and meet the definition of “adjacent wetlands”, also falling under ACOE jurisdiction.

The Stanislaus River falls under the jurisdiction of other agencies including CDFW, RWQCB, and the CVFPB. The entire riparian corridor, including the trails is a “Designated Floodway” under the jurisdiction of CVFPB, and would also be viewed by CDFW as subject to jurisdiction under Fish and Game Code Section 1600-1616.

SPECIAL-STATUS SPECIES: Special-status species are plants and animals that are legally protected under the state and/or federal Endangered Species Act or other regulations. The Federal Endangered Species Act (FESA) of 1973 declares that all federal departments and agencies shall utilize their authority to conserve endangered and threatened plant and animal species. The California Endangered Species Act (CESA) of 1984 parallels the policies of FESA and pertains to native California species.

Both FESA and CESA prohibit unauthorized “take” (i.e., killing) of listed species, with take broadly defined in both acts to include activities such as harassment, pursuit and possession. The federal Migratory Bird Treaty Act and Fish and Game Code of California protect special-status bird species year-round, as well as their eggs and nests during the nesting season. Fish and Game Code of California also provides protection for mammals and fish.

Special-status wildlife species also includes species that are considered rare enough by the scientific community and trustee agencies to warrant special

1.4.D.a
Packet Pg. 172 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 15 October 17, 2023 consideration, particularly with regard to protection of isolated populations, nesting or denning locations, communal roosts, and other essential habitats. The presence of species with legal protection under the Endangered Species Act often represents a constraint to development, particularly when the species are wide-ranging or highly sensitive to habitat disturbance and where proposed development would result in a take of these species.

Special-status plants are those which are designated rare, threatened, or endangered and candidate species for listing by the USFWS. Special-status plants also include species considered rare or endangered under the conditions of Section 15380 of the California Environmental Quality Act Guidelines, such as those plant species identified on Lists 1A, 1B and 2 in the Inventory of Rare and Endangered Vascular Plants of California (CNPS, 2023). Finally, special-status plants may include other species that are considered sensitive or of special concern due to limited distribution or lack of adequate information to permit listing or rejection for state or federal status, such as those included on CNPS List 3.

Table 3 provides a summary of the listing status and habitat requirements of special-status plant and wildlife species that have been documented in the greater project vicinity or for which there is potentially suitable habitat in the project area. This table also includes an assessment of the likelihood of occurrence of each of these species in the site. The evaluation of the potential for occurrence of each species is based on the distribution of regional occurrences (if any), habitat suitability, and field observations.

SPECIAL-STATUS PLANTS: Species of special-status plants identified in the CNDDB (2023) search include lesser saltscale (Atriplex minuscula), delta button celery (Eryngium racemosum), alkali-sink goldfields (Lasthenia chrysantha), and California alkali grass (Puccinellia simplex) (Table 3 and Attachment B). No additional special-status plants are identified in the USFWS IPaC Trust Resource Report (Attachment B).

1.4.D.a
Packet Pg. 173 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) TABLE 4

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED OR POTENTIALLY-OCCURRING IN THE PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status2
CNPS
List3 Habitat Potential for Occurrence in the Project Site Lower Stanislaus River Trail: Biology October 17, 2023
16 16
PLANTS
Lesser
saltscale
Atriplex
minuscula
None None 1B Chenopod scrub,
playas, valley and
foothill grassland; in
sandy alkaline soils.

Unlikely: the site does not provide suitable habitat for lesser saltscale. The nearest occurrence of lesser
saltscale in the CNDDB (2023) search area is
approximately 6 miles southwest of the West Trail.

Delta buttonceleryEryngium
racemosum
None E 1B Seasonally inundated
(usually floodplain)
riparian scrub with a
clay substrate.

Unlikely: the site does not provide suitable habitat for delta button-celery. The nearest occurrence of delta
button celery in the CNDDB (2023) search area is
approximately 2 miles southwest of the West Trail. This population of delta button celery is noted in the CNDDB as “likely extirpated” (i.e., it no longer exists).

Alkali-sink
goldfields
Lasthenia
chrysantha
None None 1B Vernal pools. Unlikely: there are no vernal pools in the site. The nearest occurrence this species in the CNDDB (2023)
search area is at the San Joaquin River National Wildlife Refuge, approximately 6 miles southeast of the site.

California
alkali grass
Puccinellia
simplex
None None 1B Chenopod scrub,
meadows and seeps,
valley and foothill
grassland, vernal pool
habitats; in alkaline,
vernally mesic sinks,
flats, and lake margins.

Unlikely: the site does not provide suitable habitat for California alkali grass. The nearest occurrence of this species in the CNDDB (2023) search area is
approximately 6 miles southeast of the site.

WILDLIFE
Birds
Swainson’s
hawk
Buteo swainsoni None T N/A Breeds in stands of tall
trees in open areas.

Requires adjacent
suitable foraging
habitats such as
grasslands or alfalfa
fields supporting
rodents.

High: annual cropland and open grassland near the
project vicinity provides foraging habitat for Swainson’s hawks and trees in and near the site are suitable for
nesting. Swainson’s hawk likely nests along the
Stanislaus River in at least one location near the site. A few raptor stick nests were observed in trees in and near the site. There are several occurrences of Swainson’s
hawks within a mile of the site, including a record along the East Trail.

1.4.D.a
Packet Pg. 174 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) TABLE 4

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED OR POTENTIALLY-OCCURRING IN THE PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status2
CNPS
List3 Habitat Potential for Occurrence in the Project Site Lower Stanislaus River Trail: Biology October 17, 2023
17 17
Tricolored
blackbird
Agelaius tricolor None T N/A Requires open water
and protected nesting
substrate, usually
cattails and riparian
scrub with surrounding
foraging habitat.

Unlikely: while emergent wetland vegetation and riparian scrub in and along the river provides potentially suitable tricolored nesting habitat, this species is unlikely to occur in riparian woodlands. The nearest occurrence of this
species in the CNDDB (2023) search area is
approximately 5.5 miles northwest of the West Trail.

Least Bell’s
vireo
Vireo bellii
pusillus
E E N/A Nests in willow thickets
and other shrubs,
primarily in southern
California riparian
forests.

Unlikely: although vegetation near the site may be
suitable for Least Bell’s vireo, this species is known to occur primarily in southern California. There are no
occurrences of this species in the CNDDB (2023) search
area.

Western
yellow-billed
cuckoo
Coccyzus
americanus
occidentalis
T E N/A Nests in mature riparian
forests, along the
broad, lower floodbottoms of larger river
systems.

Very low: although riparian habitats along the Stanislaus River may provide suitable habitat for western yellowbilled cuckoo, this species is primarily found in discrete areas along the Sacramento River in current day. There
is one record of this species in the CNDDB (2023) search area along the Stanislaus River, which is a historical
record (1973) and depicted as “Possibly Extirpated”,
approximately 6 miles southwest of the West Trail.

Mammals
Riparian brush
rabbit
Sylvilagus
bachmani
riparius
E E N/A Dense riparian thickets
along large rivers in
Stanislaus and
southern San Joaquin
Counties.

Very low: dense riparian vegetation along the Stanislaus River may provide suitable habitat for riparian brush
rabbit. The nearest occurrence of riparian brush rabbit in the CNDDB (2023) search area is approximately 2 miles
southwest of the West Trail at Caswell State Park.

Riparian
(=San Joaquin
Valley)
woodrat
Neotoma
fuscipes riparia
E SC N/A Dense riparian
woodlands and scrub
along major Central
Valley rivers.

Very low: dense riparian vegetation along the Stanislaus River may provide suitable habitat for riparian woodrat.

The nearest documented occurrence of this species in
the CNDDB (2023) search area is approximately 2 miles
southwest of the West Trail at Caswell State Park.

1.4.D.a
Packet Pg. 175 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) TABLE 4

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED OR POTENTIALLY-OCCURRING IN THE PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status2
CNPS
List3 Habitat Potential for Occurrence in the Project Site Lower Stanislaus River Trail: Biology October 17, 2023
18 18
Reptiles & Amphibians
California tiger
salamander
Ambystoma
californiense
T T N/A Seasonal water bodies
without fish (i.e., vernal
pools and stock ponds)
and grassland/
woodland habitats with
summer refugia (i.e.,
burrows).

Unlikely: there is no suitable habitat within or near the site for California tiger salamander. The nearest extant occurrence (i.e., one that is presumed to exist) of this species in the CNDDB (2023) search area is
approximately 5 miles southwest of the West Trail. The
site is not within designated critical habitat for California tiger salamander (USFWS, 2005a).

Western
spadefoot
Spea
hammondii
None SC N/A Breeds and lays eggs in
seasonal water bodies
such as deep vernal
pools or stock ponds.

Unlikely: there is no suitable aquatic habitat in the site to support western spadefoot. The nearest occurrence of
this species in the CNDDB (2023) search area is
approximately 3 miles southwest of the West Trail.

Northern
California
legless lizard
Anniella pulchra None SC N/A Sandy or loose loamy
soils under sparse
vegetation.

Unlikely: the project site does not provide high quality habitat for northern California legless lizard. The nearest occurrence of this species in the CNDDB (2023) search
area is an historical (1933 record) approximately 8 miles northeast of the East Trail.

Fish
Central Valley
steelhead
Oncorhynchus
mykiss irideus
T None N/A Riffle and pool
complexes with
adequate spawning
substrates in Central
Valley drainages.

None: the site does not provide suitable habitat for
Central Valley steelhead. The CNDDB (2023) depicts
Central Valley steelhead in portion of the Stanislaus
River adjacent to the site. The Stanislaus River is
designated critical habitat for this species (NOAA, 2005).

Green
sturgeon
Acipenser
medirostris
T SC N/A Freshwater and
saltwater habitats;
spawn in freshwater
rivers.

Unlikely: the site does not provide suitable habitat for green sturgeon. The CNDDB (2023) maps depicts green
sturgeon in portion of the Stanislaus River adjacent to the site. The site is not in designated critical habitat for green sturgeon (NOAA, 2009).

Hardhead Mylopharodon
conocephalus
None SC N/A Clear, deep pools with
sand and gravel
bottoms in tributaries to
the San Joaquin and
Sacramento River.

Unlikely: the site does not provide suitable habitat for hardhead and the project will not involve work in the
Stanislaus River. The nearest occurrence of hardhead in the CNDDB (2023) search area is approximately 2 miles
southwest of the West Trail.

1.4.D.a
Packet Pg. 176 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) TABLE 4

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED OR POTENTIALLY-OCCURRING IN THE PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status2
CNPS
List3 Habitat Potential for Occurrence in the Project Site Lower Stanislaus River Trail: Biology October 17, 2023
19 19
Invertebrates
Valley
elderberry
longhorn
beetle
Desmocerus
californicus
dimorphus
T None N/A Elderberry shrubs,
usually in Central Valley
riparian habitats.

High: there are numerous blue elderberry shrubs along
the trails. The stems of some of the shrubs had
boreholes that may have been created by valley
elderberry longhorn beetles. The nearest occurrence of
this species in the CNDDB (2023) search area is along
the lower Stanislaus River, approximately 2 miles
southwest of the West Trail.

Vernal pool
fairy shrimp
Branchinecta
lynchi
T None N/A Vernal pools. Unlikely: there are no vernal pools in the site. The nearest occurrence of vernal pool fairy shrimp in the
CNDDB (2023) search area is approximately 5.5 miles
southwest of the West Trail. The site is not in designated critical habitat for this species (USFWS, 2005b).

Conservancy
fairy shrimp
Branchinecta
conservatio
E None N/A Vernal pools. Unlikely: there are no vernal pools in the site. The nearest occurrence of Conservancy fairy shrimp in the
CNDDB (2023) search area is approximately 5.5 miles
southwest of the West Trail. The site is not in designated critical habitat for this species (USFWS, 2005b).

Vernal pool
tadpole shrimp
Lepidurus
packardi
E None N/A Vernal pools. Unlikely: there are no vernal pools in the site. The nearest occurrence of tadpole shrimp in the CNDDB
(2023) search area is approximately 3 miles southwest of the West Trail. The site is not in designated critical
habitat for this species (USFWS, 2005b).

Crotch bumble
bee
Bombus crotchii None CE N/A Open grassland and
scrub habitats mainly in
coastal or southern
California; rarely found
in the Central Valley.

Unlikely: Crotch bumble bee could fly over the site on
occasion, but would not be expected to utilize the site in a meaningful capacity. The nearest record of this species in the CNDDB (2023) search area is a large, nonspecific record around the City of Modesto, approximately 9 miles southeast of the East Trail.

1.4.D.a
Packet Pg. 177 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) TABLE 4

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED OR POTENTIALLY-OCCURRING IN THE PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status2
CNPS
List3 Habitat Potential for Occurrence in the Project Site Lower Stanislaus River Trail: Biology October 17, 2023
20 20
Western
bumble bee
Bombus
occidentalis
None CE N/A Meadows and
grasslands with
abundant floral
resources, current
range indicates its a
higher elevation
species; rarely found in
the Central Valley.

Unlikely: Western bumble bee may fly over the site on
occasion, but would not be expected to utilize the site in a meaningful capacity due to a lack of floristic resources.

The nearest occurrence of this species in the CNDDB
(2023) search area is approximately 5 miles north of the site.

Monarch
butterfly
Danaus
plexippus
C None N/A Variety of habitats in
California, primarily in
coastal areas; larvae
dependent on
milkweed.

Unlikely: the site does not provide suitable habitat for monarch butterfly and no extensive areas of milkweed
were observed in the site. Monarch butterfly may fly over the site during its migration. There are no occurrences of this species in the CNDDB (2023) within the search area.

1 T= Threatened; E = Endangered; C = Candidate for Listing; CE = Candidate Endangered. 2 T = Threatened; E = Endangered; SC=State of California Species of Special Concern 3 CNPS List 1B includes species that are rare, threatened, or endangered in California and elsewhere.

1.4.D.a
Packet Pg. 178 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 21 October 17, 2023 Special-status plants generally occur in relatively undisturbed areas in vegetation communities such as vernal pools, marshes and swamps, seasonal wetlands, riparian scrub, chenopod scrub, and areas with unusual soils. None of these vegetation communities occur in the site. The ruderal grassland along the edges of the trails is highly disturbed and does not provide suitable habitat for any of the plants in Table 3 or any other special-status plants.

Delta button celery could potentially occur within the Stanislaus River, although the habitat suitability is very low. This species is found in seasonally inundated (usually floodplain) riparian scrub with a clay substrate. Delta button celery is primarily found in delta waterways several miles west of the site and there is only one occurrence of this species in the 240+/- square mile CNDDB (2023) search area. While this species may potentially be present in the Stanislaus River, there will be no work near the bed and bank of the river as part of the project.

SPECIAL-STATUS WILDLIFE: The potential for intensive use of habitats within the project site by special-status wildlife species is moderate. Special-status wildlife species that have been recorded in greater project vicinity in the CNDDB (2023) include Swainson’s hawk, tricolored blackbird (Agelaius tricolor), western yellowbilled cuckoo (Coccyzus americanus occidentalis), riparian brush rabbit (Sylvilagus bachmani riparius), riparian woodrat (Neotoma fuscipes riparia), California tiger salamander (Ambystoma californiense), western spadefoot (Spea hammondii), northern California legless lizard (Anniella pulchra), Central Valley steelhead (Oncorhynchus mykiss), green sturgeon (Acipenser medirostris), hardhead (Mylopharodon conocephalus), valley elderberry longhorn beetle (Desmocerus californicus dimorphus), vernal pool fairy shrimp (Branchinecta lynchi), vernal pool tadpole shrimp (Lepidurus packardi), and Conservancy fairy shrimp (Branchinecta conservatio).

Although not included in the CNDDB search, least Bell’s vireo (Vireo bellii pusillus) and monarch butterfly (Danaus plexippus) were added to Table 3 because they are included in the IPaC Trust Resource Report (Attachment B).

1.4.D.a
Packet Pg. 179 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 22 October 17, 2023 The project site and surrounding areas may have provided habitat for a few of the special-status wildlife species listed in Table 3 at some time in the past.

However, construction and maintenance of the trail, wastewater treatment plant, nearby roads, and development, have substantially modified natural habitats within the greater project vicinity, including within the project site. Of the wildlife species identified in the CNDDB, Swainson’s hawk and valley elderberry longhorn beetle are the only species with potential to occur in the project site on more than a transitory or very occasional basis.

SWAINSON’S HAWK: The Swainson’s hawk is a migratory hawk listed by the State of California as a Threatened species. The Migratory Bird Treaty Act and Fish and Game Code of California protect Swainson’s hawks year-round, as well as their nests during the nesting season (March 1 through September 15).

Swainson’s hawks are found in the Central Valley primarily during their breeding season, a population is known to winter in the San Joaquin Valley.

Swainson's hawks prefer nesting sites that provide sweeping views of nearby foraging grounds consisting of grasslands, irrigated pasture, hay, and wheat crops. Most Swainson's hawks are migratory, wintering in Mexico and breeding in California and elsewhere in the western United States. This raptor generally arrives in the Central Valley in mid-March, and begins courtship and nest construction immediately upon arrival at the breeding sites. The young fledge in early July, and most Swainson's hawks leave their breeding territories by late August.

The CNDDB (2023) contains several records of nesting Swainson’s hawk in the greater project vicinity, including several within a mile of the project site, including one record surrounding the East Trail; Swainson’s hawk likely nests in trees along the Stanislaus River. There are several trees in and near the site suitable for nesting Swainson’s hawks and a few raptor stick nests were observed in trees along the trail. A few Swainson’s hawks were observed soaring over the site

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Packet Pg. 180 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 23 October 17, 2023 during some of the spring and summer field surveys. Swainson’s hawk could be disturbed by noise if they nested in or near the project site during construction.

The project will participate in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (HCP) (SJCOG, 2000). Standard Incidental Take Minimization Measures (ITMMs) under the HCP outline protective measures for Swainson’s hawk. In the event that construction commences during the nesting season (i.e., if construction starts between March 1 and August 31) and Swainson’s hawks are nesting in or adjacent to the site, a construction setback from the nest tree would be required until nesting is complete. The setback is calculated as twice the diameter of the dripline of the nest tree as measured from under the nest, and is usually less than 100 feet.

VALLEY ELDERBERRY LONGHORN BEETLE: The valley elderberry longhorn beetle (VELB) is listed as a federally threatened species and its host plant is the blue elderberry shrub. Eggs are laid on the leaves or stems of the shrubs and upon hatching, the larvae bore in to the stem where they remain for 2+/- years feeding on the interior portions of the stems. Following several larval instars, the larvae chew an exit hole in the stem, pupate, and emerge after approximately a month as an adult. The adults live only 4 to 5 days, mates, lays eggs, and dies. The nearest occurrence of VELB in the CNDDB (2023) search area is 2 miles southwest of the West Trail.

The USFWS (2017) Framework for Assessing Impacts to the Valley Elderberry Longhorn Beetle direct that activities that may damage or kill an elderberry shrub, such as trenching or paving, should be avoided by a ground disturbance set back of 20 feet from the drip line of the shrub. A number of measures are also recommended to avoid and minimize project impacts to VELB and/or its habitat including fencing, worker training, and timing of construction, among others. In cases where complete avoidance is not feasible, the Framework recommends compensatory mitigation for the loss of actual or potential VELB habitat.

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Packet Pg. 181 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 24 October 17, 2023 As described above, total of 85 blue elderberry shrubs and hedges were located within approximately 25 feet of the edges of the trail (Figures A, B, and C in Attachment D and photographs in Attachment C). Some of these shrubs are mature and arborescent in nature, making them highly suitable for VELB, which primarily occupy shrubs situated along riparian corridors. Valley elderberry longhorn beetle may occur within blue elderberry shrubs along the trail. The stems of some of the shrubs had boreholes that may have been created by VELB.

VELB could be directly impacted by removal of mature elderberry shrubs.

Grading in close proximity to the blue elderberry shrubs could also result in changes in drainage patterns or generation of dust, indirectly impacting valley elderberry longhorn beetles by a reduction in habitat suitability.

Standard ITMMs under the HCP outline protective measures for VELB, which are focused on the host plant (i.e., elderberry shrubs). The measures include a 20- foot no-construction “buffer” outside the dripline of blue elderberry shrubs and installation of protective fencing between the limits of disturbance and the buffers. For elderberry shrubs that cannot be retained or are within 20 feet of the limits of disturbance, the HCP requires payment of per-stem fees for stem in excess of one inch in diameter at ground level. For elderberry shrubs that cannot be retained on a site and show evidence of VELB, the HCP also requires the shrub be transplanted, if feasible.

Due to the presence of numerous blue elderberry shrubs along the edges of the trails and associated project compliance with standard VELB ITMMs, the City of Ripon requested a “buffer reduction” from San Joaquin Council of Governments in March 2021 (Attachment E). The buffer reduction was granted, reducing the buffer from 20 feet to 0 feet, which is needed for project construction due to the proximity of numerous shrubs to the existing trails. No shrubs will be removed and the project will be required to stake, flag, and/or fence the shrubs throughout construction.

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Packet Pg. 182 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 25 October 17, 2023 OTHER SPECIAL-STATUS SPECIES: Least Bell’s vireo and western yellow-billed cuckoo, are both not known from the area; least Bell’s vireo is known to occur primarily in southern California riparian systems and western yellow-billed cuckoo is primarily found in discrete areas along the Sacramento River. Tricolored blackbird may fly over or forage in the site on occasion, but there is no suitable nesting habitat in the site to support this species.

Dense and well-developed riparian thickets along the Stanislaus River are potentially suitable for riparian brush rabbit and riparian woodrat. However, neither species has been found upstream of Caswell State Park and both are unlikely to occur along the edge of the riparian corridor where the canopy is much more open.

There is no suitable breeding habitat within or near the site for Californian tiger salamander or western spadefoot. Northern California legless lizard is generally restricted to the low foothills, has not been documented in the area for almost 100 years, and is very unlikely to occur in close proximity to the trails.

Central Valley steelhead, green sturgeon, and hardhead occur within the Stanislaus River adjacent to the project site, but the river will not be disturbed as part of the project.

There are no vernal pools or seasonal wetlands in the site for vernal pool branchiopods (i.e., fairy, Conservancy, and tadpole shrimp). Lastly, monarch butterfly would not be expected to occur in the site due to a paucity of milkweed and this species is known more often in coastal environments in California.

Western bumble bee and Crotch bumble bee are not likely to occur in the site due to the limited range of these species in current day. Currently, western bumble bee is known to occur in higher elevations and Crotch bumble bee is primarily found in southern and coastal California habitats; both of these species are rarely seen in the Central Valley.

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Packet Pg. 183 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 26 October 17, 2023 CRITICAL HABITAT: The site is not in designated critical habitat of western yellowbilled cuckoo (USFWS, 2021), federally listed vernal pool shrimp or plants (USFWS, 2005a), for California tiger salamander (USFWS, 2005b), delta smelt (USFWS, 1994), valley elderberry longhorn beetle (USFWS, 1980), Central Valley steelhead (NOAA, 2005), green sturgeon (NOAA, 2009), delta smelt (USFWS, 1994), or other federally listed species (Attachment F).

The Stanislaus River, which situated to the south of the trails, is designated critical habitat for Central Valley steelhead (NOAA, 2005). The project will not involve work in the Stanislaus River, will not reduce the suitability of the river for Central Valley steelhead, and will have no adverse effects on Central Valley steelhead critical habitat.

WILDLIFE MOVEMENT CORRIDORS: Well-developed riparian corridors are often utilized for movement by wildlife species such as deer, coyote, red fox (Vulpes vulpes), and bobcat (Felis rufus), as well as a variety of amphibians, reptiles, and fish. While the Stanislaus River is a wildlife movement corridor, improvements to existing trails is not expected to adversely impact wildlife movement.

Conclusions and Recommendations
• The project site is two trails along the north edge of the Stanislaus River riparian corridor. Habitats adjacent to the trail include grassland, oak woodland, riparian woodland, and developed areas.
• There are no potentially jurisdictional Waters of the U.S. or wetlands in or adjacent to the trails. The Stanislaus River, which is adjacent to the site, is a jurisdictional Water of the U.S.; riparian wetlands adjacent to the river may also fall under ACOE jurisdiction. There will be no work within the Stanislaus River or adjacent riparian wetlands.

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Packet Pg. 184 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 27 October 17, 2023 • The Stanislaus River riparian corridor is within the “Designated Floodway” of the Stanislaus River, under the jurisdiction of CVFPB. Most of the project site is within the Designated Floodway. An encroachment permit from CVFPB will be needed prior to work in the Designated Floodway. • The entire Stanislaus River riparian corridor would also be viewed by CDFW as subject to jurisdiction under Fish and Game Code Section 1600- 1616. A notification to CDFW is recommended due to the location of the project in the Stanislaus River riparian corridor. It is possible CDFW may determine a Streambed Alteration Agreement is not needed as there will be no work in the bed or bank of the Stanislaus River and no removal or riparian vegetation.
• Due to a lack of suitable habitat, it is unlikely that special-status plants occur in the site.
• With the exception of Swainson’s hawk and VELB, no special-status wildlife species are expected to occur in or near the site on more than a very occasional or transitory basis. Swainson’s hawks could potentially nest in trees near the site and VELB may occur in the stems of some of the blue elderberry shrubs along the trails.
• Standard Take Avoidance measures outlined in the HCP for nesting Swainson's hawks will be required. These will include pre-construction surveys for nesting Swainson’s hawks within 0.5 miles of the site for construction activities between March 1 and September 15. If active nests are found, temporal restrictions on construction that are specified in the HCP will be required.
• Some of the take Avoidance measures outlined in the HCP for VELB will be required. A buffer reduction was granted by SJCOG, reducing the standard HCP buffer from 20 feet to 0 feet. No shrubs will be removed and

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Packet Pg. 185 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

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Packet Pg. 186
Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 29 October 17, 2023 CDFG (California Department of Fish and Game). 1994. Staff Report regarding Mitigation for Impacts to Swainson’s Hawks (Buteo Swainsoni) in the Central Valley of California. November.

CDFG. 2012. Staff Report on Burrowing Owl Mitigation. State of California, Natural Resource Agency, Department of Fish and Game. March 7.

CNDDB (California Natural Diversity Database). 2020. California Department of Fish and Wildlife’s Natural Heritage Program, Sacramento, California.

CNDDB. 2023. California Department of Fish and Wildlife’s Natural Heritage Program, Sacramento, California.

California Native Plant Society, Rare Plant Program. 2023. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39). Website http://www.rareplants.cnps.org
National Oceanic and Atmospheric Administration (NOAA). 2005. Endangered and Threatened Species; Designation of Critical Habitat for Seven Evolutionarily Significant Units of Pacific Salmon and Steelhead in California; Final Rule.

Federal Register 70 (170): 52488-52585. September 2, 2005.

NOAA. 2009. Endangered and Threatened Wildlife and Plants: Final Rulemaking to Designate Critical Habitat for the Threatened Southern Distinct Population Segment of North American Green Sturgeon; Final Rule. Federal Register 74 (196): 52299-52351. November 9.

Sawyer & Keeler-Wolf. 1995. A Manual of California Vegetation. California Native Plant Society, Sacramento. California.

SJCOG (San Joaquin Council of Governments). 2000. San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Stockton, California. November 15.

USFWS (United States Fish and Wildlife Service). 1980. Part II, Department of the Interior, Fish and Wildlife Service. 50 CFR Part 17. Listing the Valley Elderberry Longhorn Beetle as a Threatened Species with Critical Habitat.

Federal Register 45 No. 155, pp. 52803-52807, August 8.

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Packet Pg. 187 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Trail: Biology 30 October 17, 2023 USFWS. 1994. Final Critical Habitat for the Delta Smelt (Hypomesus transpacificus). Federal Register Vol. 59, No. 242, December 19, 1994, pp. 65256 – 65279.

USFWS. 2005a. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the California Tiger Salamander, Central Population; Final Rule. Federal Register Vol. 70, No. 162, August 23, 2005, pp. 49390 – 49458.

USFWS. 2005b. Part II, Department of the Interior, Fish and Wildlife Service. 50 CFR Part 17: Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon; Evaluation and Economic Exclusions from August 2003 Final Designation, Final Rule. Federal Register Vol. 70, No. 154, August 11.

USFWS. 2006. Part II, Department of the Interior, Fish and Wildlife Service. 50 CFR Part 17: Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for California Red-Legged Frog, and Special Rule Exemption Associated with Final Listing for Existing Routine Ranching Activities, Final Rule.

Federal Register Vol. 71, No. 71, April 13.

USFWS. 2017. Framework for Assessing Impacts to the Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus). U.S. Fish and Wildlife Service; Sacramento, California. 28pp.

USFWS. 2021. Part II, Department of the Interior, Fish and Wildlife Service. 50 CFR Part 17: Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo, Final Rule. Federal Register Vol. 86, No. 77, April 21.

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Packet Pg. 188 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Attachment A
Project Plans

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Packet Pg. 189 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

CITY OF RIPON

LOWER STAINISLAUS

RIVER MULTI USE
TRAIL

CITY OF RI P ON
I n c o r p o r a t e d 1 9 4 5
Al mo nd C ap i t o l o f t he Wo rl d N

CITY OF RI P ON
I n c o r p o r a t e d 1 9 4 5
Al mo n d C ap i t o l o f t he Wo rl d N

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Packet Pg. 190 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) CITY OF RI P ON I n c o r p o r a t e d 1 9 4 5 Al mo n d C ap i t o l o f t he Wo rl d N

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Packet Pg. 191 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) CITY OF RIP ON I n c o r p o r a t e d 1 9 4 5 Al mo nd C ap i t o l of t he Wo rl d N CITY OF RIP ON I n c o r p o r a t e d 1 9 4 5 Al mo n d C ap i t o l o f t he Wo rl d N

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Packet Pg. 192 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) CITY OF RI P ON I n c o r p o r a t e d 1 9 4 5 Al mo n d C ap i t o l o f t he Wo rl d N CITY OF RIP ON I n c o r p o r a t e d 1 9 4 5 l A mo n d C ap i t o l o f t he Wo rl d N

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Packet Pg. 193 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) CITY OF RI P ON I n c o r p o r a t e d 1 9 4 5 Al mo nd C ap i t o l o f t he Wo rl d N CITY OF RIP ON I n c o r p o r a t e d 1 9 4 5 l A mo n d C ap i t o l o f t he Wo rl d N

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Packet Pg. 194 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

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Packet Pg. 195 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Attachment B
CNDDB Summary Report and Exhibits & USFWS
IPaC Trust Report

1.4.D.a
Packet Pg. 196 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
Acipenser medirostris pop. 1
green sturgeon - southern DPS
AFCAA01031 Threatened None G2T1 S1
Agelaius tricolor
tricolored blackbird
ABPBXB0020 None Threatened G1G2 S2 SSC
Ambystoma californiense pop. 1
California tiger salamander - central California DPS
AAAAA01181 Threatened Threatened G2G3T3 S3 WL
Anniella pulchra
Northern California legless lizard
ARACC01020 None None G3 S2S3 SSC
Atriplex minuscula
lesser saltscale
PDCHE042M0 None None G2 S2 1B.1
Bombus caliginosus
obscure bumble bee
IIHYM24380 None None G2G3 S1S2
Bombus crotchii
Crotch bumble bee
IIHYM24480 None Candidate
Endangered
G2 S2
Bombus occidentalis
western bumble bee
IIHYM24252 None Candidate
Endangered
G3 S1
Bombus pensylvanicus
American bumble bee
IIHYM24260 None None G3G4 S2
Branchinecta conservatio
Conservancy fairy shrimp
ICBRA03010 Endangered None G2 S2
Branchinecta lynchi
vernal pool fairy shrimp
ICBRA03030 Threatened None G3 S3
Branta hutchinsii leucopareia
cackling (=Aleutian Canada) goose
ABNJB05035 Delisted None G5T3 S3 WL
Buteo swainsoni
Swainson's hawk
ABNKC19070 None Threatened G5 S4
Coccyzus americanus occidentalis
western yellow-billed cuckoo
ABNRB02022 Threatened Endangered G5T2T3 S1
Desmocerus californicus dimorphus
valley elderberry longhorn beetle
IICOL48011 Threatened None G3T3 S3
Elderberry Savanna
Elderberry Savanna
CTT63440CA None None G2 S2.1
Eryngium racemosum
Delta button-celery
PDAPI0Z0S0 None Endangered G1 S1 1B.1
Falco columbarius
merlin
ABNKD06030 None None G5 S3S4 WL
Great Valley Cottonwood Riparian Forest
Great Valley Cottonwood Riparian Forest
CTT61410CA None None G2 S2.1
Quad<span style='color:Red'> IS </span>(Salida (3712161)<span style='color:Red'> OR </span>Ripon (3712162)<span style='color:Red'> OR </span>Avena (3712171)<span style='color:Red'> OR </span>Manteca (3712172)) Query Criteria:

Report Printed on Monday, July 24, 2023
Commercial Version -- Dated July, 1 2023 -- Biogeographic Data Branch Page 1 of 2 Information Expires 1/1/2024
Selected Elements by Scientific Name
California Department of Fish and Wildlife
California Natural Diversity Database

1.4.D.a
Packet Pg. 197 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
Great Valley Mixed Riparian Forest
Great Valley Mixed Riparian Forest
CTT61420CA None None G2 S2.2
Great Valley Valley Oak Riparian Forest
Great Valley Valley Oak Riparian Forest
CTT61430CA None None G1 S1.1
Lasthenia chrysantha
alkali-sink goldfields
PDAST5L030 None None G2 S2 1B.1
Lepidurus packardi
vernal pool tadpole shrimp
ICBRA10010 Endangered None G3 S3
Linderiella occidentalis
California linderiella
ICBRA06010 None None G2G3 S2S3
Lytta moesta
moestan blister beetle
IICOL4C020 None None G2 S2
Mylopharodon conocephalus
hardhead
AFCJB25010 None None G3 S3 SSC
Neotoma fuscipes riparia
riparian (=San Joaquin Valley) woodrat
AMAFF08081 Endangered None G5T1 S1 SSC
Oncorhynchus mykiss irideus pop. 11
steelhead - Central Valley DPS
AFCHA0209K Threatened None G5T2Q S2
Puccinellia simplex
California alkali grass
PMPOA53110 None None G2 S2 1B.2
Rhaphiomidas trochilus
San Joaquin Valley giant flower-loving fly
IIDIP05010 None None G1 S1
Spea hammondii
western spadefoot
AAABF02020 None None G2G3 S3S4 SSC
Sylvilagus bachmani riparius
riparian brush rabbit
AMAEB01021 Endangered Endangered G5T1 S2
Record Count: 32
Report Printed on Monday, July 24, 2023
Commercial Version -- Dated July, 1 2023 -- Biogeographic Data Branch Page 2 of 2 Information Expires 1/1/2024
Selected Elements by Scientific Name
California Department of Fish and Wildlife
California Natural Diversity Database

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Packet Pg. 198 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) big tarplant
Delta button-celery
recurved larkspur
California alkali grass
Great Valley Valley Oak Riparian Forest
caper-fruited tropidocarpum
Great Valley Cottonwood Riparian Forest
Great Valley Mixed Riparian Forest
Delta button-celery
prairie wedge grass
Greene's tuctoria
alkali-sink goldfields
Coastal and Valley Freshwater Marsh
lesser saltscale
slough thistle Great Valley Valley Oak Riparian Forest
alkali-sink goldfields
Great Valley Cottonwood Riparian Forest
RIPON
AVENA
SALIDA

MANTECA

WESTLEY
PETERS

BRUSH LAKE

STOCKTON EAST

LATHROP

ESCALON

VERNALIS

RIVERBANK

SOLYO CERES

STOCKTON WEST FARMINGTON

CNDDB PLANT
Lower Stanislaus River Trail
City of Ripon, CA
Map Date: 07/25/2023; Source: CDFW
± 0 1 2
Miles
Study Area

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Packet Pg. 199 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) obscure bumble bee Crotch bumble bee
moestan blister beetle
valley elderberry longhorn beetle
merlin
riparian brush rabbit
tricolored blackbird
tricolored blackbird
western bumble bee
burrowing owl
tricolored blackbird
hardhead
vernal pool fairy shrimp
steelhead - Central Valley DPS
green sturgeon - southern DPS
steelhead - Central Valley DPS
American bumble bee
moestan blister beetle
moestan blister beetle
riparian brush rabbit
western ridged mussel
American bumble bee
western yellow-billed cuckoo
tricolored blackbird
tricolored blackbird green sturgeon - southern DPS
steelhead - Central Valley DPS
valley elderberry longhorn beetle
cackling (=Aleutian Canada) goose
song sparrow ("Modesto" population)
riparian brush rabbit
San Joaquin Valley giant flower-loving fly
cackling (=Aleutian Canada) goose
California tiger salamander - central California DPS
tricolored blackbird
pallid bat
cackling (=Aleutian Canada) goose
burrowing owl
cackling (=Aleutian Canada) goose
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
American bumble bee
moestan blister beetle
tricolored blackbird
yellow-headed blackbird
least Bell's vireo
burrowing owl
Swainson's hawk
Swainson's hawk
valley elderberry longhorn beetle
cackling (=Aleutian Canada) goose
cackling (=Aleutian Canada) goose
riparian (=San Joaquin Valley) woodrat
western ridged mussel
California tiger salamander - central California DPS
burrowing owl
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
valley elderberry longhorn beetle
tricolored blackbird
riparian brush rabbit
Swainson's hawk
Swainson's hawk
western spadefoot
Swainson's hawk
California linderiella
Swainson's hawk
riparian brush rabbit
hardhead
California tiger salamander - central California DPS
Swainson's hawk
western spadefoot
burrowing owl
burrowing owl
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk Swainson's hawk
Swainson's hawk Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
riparian (=San Joaquin Valley) woodrat
riparian brush rabbit
California tiger salamander - central California DPS
vernal pool fairy shrimp
vernal pool tadpole shrimp
riparian (=San Joaquin Valley) woodrat
RIPON
AVENA
SALIDA

MANTECA

WESTLEY
PETERS

BRUSH LAKE

STOCKTON EAST

LATHROP

ESCALON

RIVERBANK

SOLYO CERES

VERNALIS

FARMINGTON

CNDDB WILDLIFE
Lower Stanislaus River Trail
City of Ripon, CA
Map Date: 07/25/2023; Source: CDFW
± 0 1 2
Miles
Study Area

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Packet Pg. 200 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 1/19 IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area.

However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Location
San Joaquin and Stanislaus counties, California
Local office
Sacramento Fish And Wildlife Office
 (916) 414-6600
 (916) 414-6713
Federal Building
IPaC U.S. Fish & Wildlife Service

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Packet Pg. 201 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 2/19 Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846

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Packet Pg. 202 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 3/19 Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project-specific information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following:

1. Draw the project location and click CONTINUE.

2. Click DEFINE PROJECT.

3. Log in (if directed to do so).

4. Provide a name and description for your project.

5. Click REQUEST SPECIES LIST.

Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 1 2

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Packet Pg. 203 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 4/19

2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially affected by activities in this location:

Mammals
Birds
Amphibians
Insects

NAME STATUS
Riparian Brush Rabbit Sylvilagus bachmani riparius
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6189
Endangered
Riparian Woodrat (=san Joaquin Valley) Neotoma fuscipes riparia
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6191
Endangered

NAME STATUS
Least Bell's Vireo Vireo bellii pusillus
Wherever found
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/5945
Endangered
Yellow-billed Cuckoo Coccyzus americanus
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/3911
Threatened

NAME STATUS
California Tiger Salamander Ambystoma californiense
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/2076
Threatened

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Packet Pg. 204 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 5/19 Crustaceans
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

There are no critical habitats at this location.

NAME STATUS
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743
Candidate
Valley Elderberry Longhorn Beetle Desmocerus californicus dimorphus
Wherever found
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/7850
Threatened

NAME STATUS
Conservancy Fairy Shrimp Branchinecta conservatio
Wherever found
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/8246
Endangered
Vernal Pool Fairy Shrimp Branchinecta lynchi
Wherever found
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/498
Threatened
Vernal Pool Tadpole Shrimp Lepidurus packardi
Wherever found
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/2246
Endangered

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Packet Pg. 205 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 6/19 You are still required to determine if your project(s) may have effects on all above listed species.

Bald & Golden Eagles
There are bald and/or golden eagles in your project area.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list,click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

BREEDING SEASON
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

Additional information can be found using the following links:

Eagle Managment https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-takemigratory-birds Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservationmeasures.pdf NAME
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

Breeds Jan 1 to Aug 31
Golden Eagle Aquila chrysaetos
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1680
Breeds Jan 1 to Aug 31

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Packet Pg. 206 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 7/19 Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.

2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.

3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

To see a bar's probability of presence score, simply hover your mouse cursor over the bar.

Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

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Packet Pg. 207 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 8/19 probability of presence  breeding season  survey effort  no data To see a bar's survey effort range, simply hover your mouse cursor over the bar.

No Data ( )
A week is marked as having no data if there were no survey events for that week.

Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle
Non-BCC
Vulnerable
Golden Eagle
Non-BCC
Vulnerable
What does IPaC use to generate the potential presence of bald and golden eagles in my specified location?
The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply). To see a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.

What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.

What if I have eagles on my list?

1.4.D.a
Packet Pg. 208 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 9/19 If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Please contact your local Fish and Wildlife Service Field Office if you have questions.

Migratory birds
The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918.

2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:

Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-takemigratory-birds Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservationmeasures.pdf 1 2

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Packet Pg. 209 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 10/19

NAME BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

Breeds Jan 1 to Aug 31
Belding's Savannah Sparrow Passerculus sandwichensis
beldingi
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/8
Breeds Apr 1 to Aug 15
Black Tern Chlidonias niger
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3093
Breeds May 15 to Aug 20
Bullock's Oriole Icterus bullockii
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Mar 21 to Jul 25
California Gull Larus californicus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Mar 1 to Jul 31
California Thrasher Toxostoma redivivum
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Jan 1 to Jul 31
Cassin's Finch Carpodacus cassinii
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9462
Breeds May 15 to Jul 15
Common Yellowthroat Geothlypis trichas sinuosa
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/2084
Breeds May 20 to Jul 31

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Packet Pg. 210 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 11/19 Golden Eagle Aquila chrysaetos
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1680
Breeds Jan 1 to Aug 31
Lawrence's Goldfinch Carduelis lawrencei
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9464
Breeds Mar 20 to Sep 20
Marbled Godwit Limosa fedoa
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9481
Breeds elsewhere
Nuttall's Woodpecker Picoides nuttallii
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9410
Breeds Apr 1 to Jul 20
Oak Titmouse Baeolophus inornatus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9656
Breeds Mar 15 to Jul 15
Olive-sided Flycatcher Contopus cooperi
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3914
Breeds May 20 to Aug 31
Short-billed Dowitcher Limnodromus griseus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9480
Breeds elsewhere
Tricolored Blackbird Agelaius tricolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3910
Breeds Mar 15 to Aug 10

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Packet Pg. 211 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 12/19 Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.

2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence Western Grebe aechmophorus occidentalis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/6743
Breeds Jun 1 to Aug 31
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds elsewhere
Wrentit Chamaea fasciata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Mar 15 to Aug 10
Yellow-billed Magpie Pica nuttalli
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9726
Breeds Apr 1 to Jul 31

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Packet Pg. 212 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 13/19 probability of presence  breeding season  survey effort  no data in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.

3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

To see a bar's probability of presence score, simply hover your mouse cursor over the bar.

Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

To see a bar's survey effort range, simply hover your mouse cursor over the bar.

No Data ( )
A week is marked as having no data if there were no survey events for that week.

Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle
Non-BCC
Vulnerable
Belding's
Savannah
Sparrow

BCC - BCR
Black Tern
BCC Rangewide
(CON)
Bullock's Oriole

BCC - BCR
California Gull
BCC Rangewide
(CON)

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Packet Pg. 213 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 14/19 California
Thrasher
BCC Rangewide
(CON)
Cassin's Finch
BCC Rangewide
(CON)
Common
Yellowthroat

BCC - BCR
Golden Eagle
Non-BCC
Vulnerable
Lawrence's
Goldfinch
BCC Rangewide
(CON)
Marbled Godwit
BCC Rangewide
(CON)
Nuttall's
Woodpecker

BCC - BCR

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Oak Titmouse
BCC Rangewide
(CON)
Olive-sided
Flycatcher
BCC Rangewide
(CON)
Short-billed
Dowitcher
BCC Rangewide
(CON)
Tricolored
Blackbird
BCC Rangewide
(CON)
Western Grebe
BCC Rangewide
(CON)
Willet
BCC Rangewide
(CON)

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Packet Pg. 214 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 15/19 Wrentit
BCC Rangewide
(CON)
Yellow-billed
Magpie
BCC Rangewide
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.

To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the list of migratory birds that potentially occur in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets.

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering or migrating in my area?

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Packet Pg. 215 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 16/19 To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);

2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and

3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing).

Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of

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Packet Pg. 216 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 17/19 presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint.

On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.

Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

This location overlaps the following National Wildlife Refuge lands:

Fish hatcheries
There are no fish hatcheries at this location.

Wetlands in the National Wetlands Inventory
(NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

LAND ACRES
SAN JOAQUIN RIVER NATIONAL WILDLIFE REFUGE 6,530.65 acres

1.4.D.a
Packet Pg. 217 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 18/19 For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

This location overlaps the following wetlands:

NOTE: This initial screening does not replace an on-site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below.

Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis.

FRESHWATER EMERGENT WETLAND
PEM1C
PEM1Ax

FRESHWATER FORESTED/SHRUB WETLAND
PFOC
PFOA
PSSA
PSSC

FRESHWATER POND
PUBKx
PUBH
PUSKx
PUBHx
PUBFx

RIVERINE
R2UBH
R2UBHx
R4SBCx
R5UBFx
R5UBF
A full description for each wetland code can be found at the National Wetlands Inventory website

1.4.D.a
Packet Pg. 218 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 7/24/23, 12:20 PM IPaC: Explore Location resources
https://ipac.ecosphere.fws.gov/location/JDNTJWTMMJG2TGRBCRSYEFSTA4/resources 19/19 The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site.

Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies.

Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.

1.4.D.a
Packet Pg. 219 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Attachment C
Photographs

1.4.D.a
Packet Pg. 220 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
Elderberry Shrub #11, looking southeast from the east part of the East Trail; 03/15/21.

Existing bike path at the east end of the project site, looking northwest; 03/15/21. The proposed bike path will tie into the existing bike path.

1.4.D.a
Packet Pg. 221 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
Elderberry Hedge #22 (right), looking east from the east part of the East Trail; 03/15/21.

Elderberry Hedge #17 (left) and Elderberry Hedge #18 (right), looking northeast from the east part of the East Trail; 03/15/21.

1.4.D.a
Packet Pg. 222 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
The Stanislaus River, looking northeast from the approximate central part of the East Trail; 03/15/21.

Raptor stick nest within a tree a few hundred feet north of the proposed bike trail, looking northwest from the approximate central part of the East Trail; 03/15/21. There were a few raptor stick nests observed in trees from the bike path.

1.4.D.a
Packet Pg. 223 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
Oak woodland at the west part of the East Trail, looking east; 03/15/21.

Elderberry Shrub #53 (circled) and Elderberry Shrub #54 (right), looking northeast from the west part of the East Trail; 03/15/21.

1.4.D.a
Packet Pg. 224 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
Previously paved portion of the Eat Trail just east of the wastewater treatment ponds, looking south; 06/16/23. Elderberry Shrub #68 (circled) is located near this portion of the trail.

Open grassland and oak woodland at the west part of the East Trail, looking southwest; 04/05/23.

1.4.D.a
Packet Pg. 225 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
North end of the Alternate Trail Segment, looking south; 03/15/21.

North end of the East Trail, looking south; 06/16/23.

1.4.D.a
Packet Pg. 226 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
North end of the West Trail, looking south; 03/16/21.

Open grassland at the south part of the Alternate Trail Segment, looking southeast; 03/15/23.

1.4.D.a
Packet Pg. 227 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
Elderberry Shrub #73 (circled, left) and Elderberry Shrub #74 (circled, right) at the north part of the West Trail, looking southeast; 03/16/21.

North part of the West Trail, looking southwest; 03/16/21. The Jack Tone Golf Course is situated west of the West Trail.

1.4.D.a
Packet Pg. 228 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
West Trail, looking southwest from the south part of the trail; 03/16/21. The hedge to the left is a dense patch of giant reed (Arundo) that is routinely maintained.

Central part of the West Trail, looking west; 03/16/21.

1.4.D.a
Packet Pg. 229 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

MOORE BIOLOGICAL
South end of the West Trail, looking north; 03/16/21.

Elderberry Shrub #84 (circled, left) and Elderberry Shrub #85 (circled, right), looking northeast from near the south end of the West Trail; 06/16/23. This area was subject to a fire, but the shrubs at this location have resprouted.

1.4.D.a
Packet Pg. 230 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Attachment D
Elderberry Shrub Inventory & Exhibits

1.4.D.a
Packet Pg. 231 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Table 1. Elderberry Shrub Locations
Shrub # Cluster/Hedge (feet)* Distance from Trail (feet)** 1 C 20.0 2 C 4.0 3 C 31.0 4 C 11.5 5 H (72) 1.5 6 C 9.0 7 C 5.0 8 C 2.5 9 C 11.0 10C 5.0
11C 19.0
12C 20.0
13C 20.0
14C 19.0
15C 31.0
16C 13.5
17 H (86) 2.5
18 H (142) -3.0
19 H (71) 7.5
20 H (191) 0.0
21C 38.0
22 H (103) 13.5
23C 29.0
24C 24.0
25C 19.0
26C 31.0
27C 8.0
28C 20.0
29C 6.0
30C 5.5
31C 10.0
32C 20.0
33C 26.0
34C 21.0
35C 22.5
36C 5.0
37 H (77) 7.5
38C 3.0
39C 9.0
40C 21.5
41C 9.5
42C 22.0
43C 15.0
* C = individual shrub or shrub cluster; H = "linear hedge" parallel to trail ** Distance in feet between edge of trail and elderberry stem

1.4.D.a
Packet Pg. 232 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Table 1. Elderberry Shrub Locations (continued)
Shrub # Cluster/Hedge (feet)* Distance from Trail (feet)** 44C 19.0
45C 9.0
46C 14.0
47C 31.0
48C 24.0
49C 21.0
50C 23.0
51C 41.0
52C 15.0
53C 4.0
54C 12.0
55C 9.0
56C 20.0
57C 8.0
58C 15.0
59C 14.0
60C 19.0
61C 32.0
62C 30.5
63C 39.0
64C 18.0
65C 18.0
66C 16.0
67C 33.0
68C 21.0
69C 21.5
70C 5.0
71C 10.0
72 H (34) 8.5
73C 11.0
74C 15.0
75 H (28) 0.5
76C 14.0
77C 33.0
78 H (61) 5.0
79 H (47) 9.0
80C -1.0
81 H (81) 6.5
82 H (48) 9.0
83C 16.0
84C 10.0
85C 14.0
* C = individual shrub or shrub cluster; H = "linear hedge" parallel to trail ** Distance in feet between edge of trail and elderberry stem

1.4.D.a
Packet Pg. 233 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) !(!( !(!(!( !(
!(
!(!( !(
!(
!(
!(
!(
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UV99
17 Stanislaus River
21 3
4 6
7 9 8
26 11 10
12 14 13
15 16
21 23 27 25 24
20 18
5 22
19 . 0 250 500
Feet
Figure A
Map Date: 06/21/2023
Aerial Source: Google Earth (04/22/2022)
East Trail – Elderberry Shrubs
C:\FEC_INC\Projects\Moore Biological\Lower_Stanislaus_River_Bike_Trail\MXD\ripon_lower_stanislaus_river_bike_trail_figure_A.mxd Moore Biological
Consultants City of Rip on, CA
Lower Stanislaus River Trail
¯ KEY
!( Shrub
Shrub Cluster
East Trail

1.4.D.a
Packet Pg. 234 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) !(
!(
!(
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65 68
67 66
Stanislaus River
28 29 30
3231
33 36 35
38 39
40 42 41
43 44
45 46
48 47
49 5251 50
53 55 54
56 57
58 59 60
61 62
63 64
69 34
37 . 0 250 500
Feet
Figure B
Map Date: 06/21/2023
Aerial Source: Google Earth (04/22/2022)
East Trail – Elderberry Shrubs
C:\FEC_INC\Projects\Moore Biological\Lower_Stanislaus_River_Bike_Trail\MXD\ripon_lower_stanislaus_river_bike_trail_figure_B.mxd Moore Biological
Consultants City o f Ripo n, CA
Lo wer Stanislaus River Trail
¯ KEY
!( Shrub
Shrub Cluster
Alternate Trail Segment
East Trail

1.4.D.a
Packet Pg. 235 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) !(
!(
!(
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!(
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!(
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Dunn Rd
76 Stan islaus River
83 80
75 85
84 77
74 73
71 70
82 81
79 78
72 0 250
.
500
Feet
Figure C
Map Date: 06/21/2023
Aerial Source:

Google Earth (04/22/2022)
West Trail – Elderberry Shrubs
C:\FEC_INC\Projects\Moore Biological\Lower_Stanislaus_River_Bike_Trail\MXD\ripon_lower_stanislaus_river_bike_trail_figure_C.mxd Moore Biological
Consultants City o f Ripo n, CA
Lo wer Stanislaus River Trail
¯ KEY
!( Shrub
Shrub Cluster
West Trail

1.4.D.a
Packet Pg. 236 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Attachment E
Elderberry Buffer Reduction Request (March
2021 SJCOG Habitat Technical Advisory
Committee Staff Report)

1.4.D.a
Packet Pg. 237 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) March 2021
HTAC

STAFF REPORT
SUBJECT: Lower Stanislaus River Multi-Use Trail,
Buffer Reduction
RECOMMENDED ACTION: Motion to Approve Recommendation to SJCOG, Inc. to Allow a Revision to the
Incidental Take Minimization Measures for
Valley Elderberry Longhorn Beetle (VELB)
Buffers
DISCUSSION:

SUMMARY:

The project applicant, City of Ripon, is requesting a revision to the Incidental Take Minimization Measures for Valley Elderberry Longhorn Beetle (VELB) Buffers under the San Joaquin Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) through the City of Ripon. The project site is located on north side of the Stanislaus River, at and west of the Highway 99 overcrossing, in the City of Ripon in the Central Zone (attachments 1 &2).

RECOMMENDATION:

SJCOG, Inc. staff recommends the HTAC recommend to the SJCOG, Inc. Board to allow a revision to the Incidental Take Minimization Measures for Valley Elderberry Longhorn Beetle (VELB).

FISCAL IMPACT:

If the project’s request for a revision to ITMMs for VELB is approved, SJCOG, Inc. will be provided mitigation for the project impacts as required under the SJMSCP for approximately

2.535 acres. The impacts for this project would consist of 2.535 acres of Natural (R) habitat impacts.

1.4.D.a
Packet Pg. 238 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) BACKGROUND:

This project consists of widening and paving two sections of the trail along the north edge of the Stanislaus River riparian corridor. The “East Trail” starts at an existing paved multi-use trail along the east side of Highway 99 and continues west approximately 6,664 feet to another paved trail along the east edge of the wastewater treatment plant ponds. The “West Trail” starts at an existing paved multi-use trail along the west edge of the wastewater treatment plan ponds and continues west approximately 4,761 feet. Each trail is approximately 10 feet wide on average and used by pedestrians, bicyclists, and runners. The trails’ improvements will consist of paving and widening the existing dirt trail to provide ADA accessibility. No vegetation will be removed; however, work will be limited to minor grading and surface improvements (attachment 3).

For the proponents to construct the site improvements for the Lower Stanislaus River Multi-Use Trail Project, the project will impact potential Valley Elderberry Longhorn Beetle (VELB) habitat within the suggested 20-foot buffer along certain sections of the trail. As identified in Section 5.2.2 of the Plan, HTAC, on a case by case review, can establish a setback and buffer zone to be used by the project in place of the 20 feet from the dripline of the elderberry plant suggested.

Because construction of portions of the project will be within the suggested 20-foot dripline buffer areas, the project proponent has requested a reduction in the buffer to a 0- foot setback along the Lower Stanislaus River Multi-Use Trail. No elderberry stems will be removed throughout the construction process.

The reduction of these buffers is necessary for the construction of this project. All other ITMM measures for VELB will remain standard. Reducing the buffer for VELB will allow the project to construct up to 0-feet of the existing VELB canopies. However, the project will be required to meet all other ITMM measures for VELB, such as biological surveying efforts consisting of placing brightly colored flags or fencing surrounding the elderberry shrubs throughout the construction process.

The SJMSCP GIS habitat layer classifies the project site as Natural (R) Habitat.

If the buffer reduction is allowed, the total disturbed area will consist of approximately 2.535 acres of Natural (R) impacts. The project applicant will be responsible for mitigating for the habitat impacts that is consumed by this project by either paying the appropriate fees at the time of ground disturbance or dedicating land in lieu of a fee at the appropriate SJMCP ratio.

1.4.D.a
Packet Pg. 239 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Adjacent Vegetation and Land Use
Location SJMSCP Vegetation Map
Classification
Habitat Type Category Actual Use Of
Property
Site Urban (U) and Natural (R) Urban (U) and Natural (R) Urban (U) and Natural (R) North Urban (U) Urban (U) Urban (U)
South Natural (R) Natural (R) Natural (R)
East Urban (U), Natural (R) Urban (U), Natural (R) Urban (U), Natural (R) West Urban (U), Natural (R) Urban (U), Natural (R) Urban (U), Natural (R) COMMITTEE ACTIONS:
• Habitat Technical Advisory Committee: Action Required • SJCOG, Inc. Board: March 25th if Recommended
ATTACHMENTS:

1. General Location Map

2. Project Location Map

3. Project Site Map
Prepared by: Laurel Boyd, Associate Habitat Planner

1.4.D.a
Packet Pg. 240 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) ATTACHMENT 1

1.4.D.a
Packet Pg. 241 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) ATTACHMENT 2

1.4.D.a
Packet Pg. 242 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

1.4.D.a
Packet Pg. 243 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) ATTACHMENT 3

1.4.D.a
Packet Pg. 244 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Attachment F
Designated Critical Habitat

1.4.D.a
Packet Pg. 245 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) RIPON
AVENA
SALIDA

MANTECA

WESTLEY
PETERS

BRUSH LAKE

STOCKTON EAST

LATHROP

ESCALON

VERNALIS

RIVERBANK

SOLYO CERES

STOCKTON WEST FARMINGTON

CRITICAL HABITAT
Lower Stanislaus River Trail
City of Ripon, CA
Map Date: 07/25/2023; Source: USFWS; NOAA
± 0 1 2
Miles
Study Area
Green Sturgeon
Steelhead
Delta smelt
Vernal pool fairy shrimp/Conservancy fairy shrimp

1.4.D.a
Packet Pg. 246 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) APPENDIX C
CULTURAL RESOURCE REPORT
The cultural resources report and information included in the report are confidential. This information is available to qualified reviewers at the offices of the City of Ripon.

1.4.D.a
Packet Pg. 247 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) APPENDIX D
PUBLIC REVIEW MATERIAL

1.4.D.a
Packet Pg. 248 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc)

CITY OF RIPON

COMMUNITY DEVELOPMENT DEPARTMENT
259 N. WILMA AVENUE
RIPON, CA 95366

NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Ripon has prepared an Initial Study (IS) of environmental effects and intends to adopt a Mitigated Negative Declaration (MND) for the Lower Stanislaus River Bike Trail project. The City of Ripon is the Lead Agency for this project under the California Environmental Quality Act (CEQA).

The project proposes to apply an asphalt surface on approximately 9,260 linear feet of existing dirt paths through recreational lands along the Stanislaus River.

The IS/MND analyzes the potential environmental effects of the project in accordance with CEQA and the State CEQA Guidelines. Based on this analysis, the IS/MND finds that the project will not involve any significant environmental effects, provided that the mitigation measures described in the IS/MND are implemented. The City has agreed to the mitigation measures and these measures will be adopted by the City of Ripon. There are no sites identified under Section 65962.5 of the Government Code located on or near the project site.

Copies of the IS/MND are available for public review at the Community Development Department at the address shown below and at the City’s website:
https://www.cityofripon.org/city_hall/departments/engineering The City will accept public and agency comments on the IS/MND during a 30-day review period that will begin on February 13, 2024 and end on March 14, 2024. Comments may be submitted by mail or e-mail as shown below:

City of Ripon
Engineering Department
Attn: Christiana Giedd, Senior Civil Engineer
259 N. Wilma Avenue
Ripon, Ca 93665
[email protected]
After completion of the public review, the City Council will consider adoption of the IS/MND and approval of the proposed project at their regularly scheduled meeting on April 8, 2024, at 6:00 p.m., at the address shown above.

Christiana Giedd, Senior Civil Engineer
City of Ripon

1.4.D.a
Packet Pg. 249 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 3/26/24, 2:10 PM Lower Stanislaus River Bike Trail
https://ceqanet.opr.ca.gov/2024020401 1/4
Lower Stanislaus River Bike Trail
Summary
Contact Information
SCH Number
2024020401
Lead Agency
City of Ripon
Document Title
Lower Stanislaus River Bike Trail
Document Type
MND - Mitigated Negative Declaration
Received
2/9/2024
Present Land Use
RR (Resource Reserve), MS (Municipal Service), CR (Commercial Recreation/ RC (Resource Conservation), PS (Public, Semi-Public) and C5 (Commercial, Recreation)
Document Description
The project proposes to apply an asphalt surface on approximately 11,380 linear feet of existing dirt paths along the north bank of the Stanislaus River.

Name
Christiana Giedd
Agency Name
City of Ripon
Job Title
Senior Civil Engineer
Contact Types
Lead/Public Agency
Address
259 N Wilma Ave
Ripon, CA 95366
Phone

1.4.D.a
Packet Pg. 250 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 3/26/24, 2:10 PM Lower Stanislaus River Bike Trail
https://ceqanet.opr.ca.gov/2024020401 2/4
Location
(209) 599-2108
Email
[email protected]
Coordinates
37°43'20"N 121°8'35"W
Cities
Ripon
Counties
San Joaquin
Regions
Citywide
Cross Streets
None. North Bank of Stanislaus River
Zip
95366
Total Acres
11, 380 ln ft
State Highways
99 Railways
None
Airports
None
Schools
RUSD
Waterways
Stanislaus River
Township
2S
Range
8E
Section
29-32
Base
MDBM

1.4.D.a
Packet Pg. 251 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 3/26/24, 2:10 PM Lower Stanislaus River Bike Trail
https://ceqanet.opr.ca.gov/2024020401 3/4
Notice of Completion
Attachments
State Review Period Start
2/13/2024
State Review Period End
3/14/2024
State Reviewing Agencies
California Air Resources Board (ARB), California Department of Fish and Wildlife, Bay Delta Region 3 (CDFW), California Department of Fish and Wildlife, North Central Region 2 (CDFW), California Department of Forestry and Fire Protection (CAL FIRE), California Department of Parks and Recreation, California Department of Transportation, District 10 (DOT), California Department of Water Resources (DWR), California Highway Patrol (CHP), California Native American Heritage Commission (NAHC), California Natural Resources Agency, California San Joaquin River Conservancy (SJRC), California State Lands Commission (SLC), Central Valley Flood Protection Board, Delta Protection Commission, Delta Stewardship Council, Office of Historic Preservation, State Water Resources Control Board, Division of Water Quality, California Regional Water Quality Control Board, Central Valley Sacramento Region 5 (RWQCB) State Reviewing Agency Comments
California Regional Water Quality Control Board, Central Valley Sacramento Region 5 (RWQCB) Development Types
Recreational (Paving of River Trail 11, 380 linear feet) Local Actions
Paving of River Trail, Recreational Improvement
Project Issues
Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Drainage/Absorption, Flood Plain/Flooding, Geology/Soils, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities/Service Systems, Wetland/Riparian, Wildfire Local Review Period Start
2/13/2024
Local Review Period End
3/14/2024
Draft Environmental Document [Draft IS, NOI_NOA_Public notices, OPR Summary Form, Appx,] NOI Ripon River Trail Ripon River Trail ISMND 2-6-24
Summary Form Ripon River Trail
PDF 54 K PDF 63198 K
PDF 579 K
Notice of Completion [NOC] Transmittal form
NOC Ripon River Trail PDF 316 K
State Comment Letters [Comments from State Reviewing Agency(ies)]

1.4.D.a
Packet Pg. 252 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 3/26/24, 2:10 PM Lower Stanislaus River Bike Trail
https://ceqanet.opr.ca.gov/2024020401 4/4
Disclaimer: The Governor’s Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at [email protected] or via phone at (916) 445-0613. For more information, please visit OPR’s Accessibility Site.
2024020401_RWQCB Comment PDF 376 K

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Packet Pg. 253 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Summary Form for Electronic Document Submittal Form F
Print From
Lead agencies may include 15 hardcopies of this document when submitting electronic copies of Environmental Impact Reports, Negative Declarations, Mitigated Negative Declarations, or Notices of Preparation to the State Clearinghouse (SCH). The SCH also accepts other summaries, such as EIR Executive Summaries prepared pursuant to CEQA Guidelines Section 15123. Please include one copy of the Notice of Completion Form (NOC) with your submission and attach the summary to each electronic copy of the document.

SCH #:

Project Title:

Lead Agency:

Contact Name:

Email: Phone Number:

Project Location:

Project Description (Proposed actions, location, and/or consequences).

Identify the project’s significant or potentially significant effects and briefly describe any proposed mitigation measures that would reduce or avoid that effect.

City County
Revised September 2011
Lower Stanislaus River Bike Trail
City of Ripon
Christiana Giedd, P.E.
[email protected] 209-599-2108
Ripon San Joaquin
The project proposes to apply an asphalt surface on approximately 11,380 linear feet of existing dirt paths along the north bank of the Stanislaus River. The project would extend an existing Class 1 bike/walking path in the southern portion of the City of Ripon. Paving work would occur on two segments of existing trail: The eastern segment would extend east (upriver) from the existing Class 1 path to another segment of existing bike path east of State Route 99; the western segment would extend west from the existing Class 1 path to the southwestern corner of the Jack Tone Golf Course. Pavement along both new segments would be 12 feet wide, except for approximately 206 linear feet of the eastern segment that would be 8 feet wide.

Riparian and Other Sensitive Habitats- Prior to the start of construction work, the City shall contact the California Department of Fish and Wildlife (CDFW) to determine if the project would be subject to jurisdiction under Fish and Game Code Sections 1600-1616.

Fish and Wildlife Movement- If construction commences during the general avian nesting season (March 1 through July 31), a pre-construction survey for all species of nesting birds shall be conducted.

Archaeological Resources- If any subsurface cultural resources are encountered during construction of the project, the City of Ripon Engineering Department shall be notified and all construction activities within 50 feet of the encounter shall be halted until a qualified archaeologist can examine these materials and determine their significance.

Soil Erosion- Prior to commencement of construction activity, the developer shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the project and file a Notice of Intent with the State Water Resources Control Board (SWRCB) in compliance with the Construction General Permit and City of Ripon storm water requirements.

Paleontological Resources and Unique Geological Features-If any subsurface paleontological resources are encountered during construction of the project, the City of Ripon Engineering Department shall be notified and all construction activities within 50 feet of the encounter shall be halted until a qualified paleontologist can examine these materials and determine their significance. (For further information in Summary Table 2.1 of IS/MND)

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Packet Pg. 254 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) continued
If applicable, describe any of the project’s areas of controversy known to the Lead Agency, including issues raised by agencies and the public.

Provide a list of the responsible or trustee agencies for the project.

None
None

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Packet Pg. 255 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) APPENDIX E
PUBLIC REVIEW COMMENTS

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Packet Pg. 256 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) S J C O G, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0574 ● Email: [email protected] San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)

SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.

To: Christiana Giedd, City of Ripon, Engineering Department From: Laurel Boyd, SJCOG, Inc. Phone: (209) 235-0574 Email: [email protected] Date: March 21, 2024
Local Jurisdiction Project Title: Notice of Intent to Adopt a Mitigated Negative Declaration for the Lower Stanislaus River Bike Trail Project
Assessor Parcel Number(s): 261-160-02, 259-340-11, -12, 257-300-20 Local Jurisdiction Project Number: N/A
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Urban, Multi-Purpose Open Space, and Natural Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist.

Dear Ms. Giedd:

SJCOG, Inc. has reviewed the project referral for the Notice of Intent to Adopt a Mitigated Negative Declaration for the Lower Stanislaus River Bike Trail Project. This project consists of applying an asphalt surface on approximately 11,380 linear feet of existing dirt paths along the north bank of the Stanislaus River. The project would extend an existing Class 1 bike/walking path in the southern portion of the City of Ripon. Paving work would occur on two segments of the existing trail: The eastern segment would extend east (upriver) from the existing Class 1 path to another segment of existing bike path east of State Route 99; the western segment would extend west from the existing Class 1 path to the southwestern corner of the Jack Tone Golf Course. Pavement along both new segments would be 12 feet wide, except for approximately 206 linear feet of the eastern segment that would be 8 feet wide. The project site along the north bank of the Stanislaus River and mostly west of State Route 99, in the City of Ripon (APN: 261-160-02, 259-340-11, 257-300-20).

The City of Ripon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.

This Project is subject to the SJMSCP. This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org
Please contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
 Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance  SJMSCP Incidental take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or

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c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.  Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.

If you have any questions, please call (209) 235-0574.

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Packet Pg. 258 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) 3 | SJCOG, Inc.

S J C O G, Inc.

San Joaquin County Multi-Species Habitat Conservation & Open Space Plan 555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438

SJMSCP HOLD
TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Other: ___________
FROM: Laurel Boyd, SJCOG, Inc.

DO NOT AUTHORIZE SITE DISTURBANCE

DO NOT ISSUE A BUILDING PERMIT
DO NOT ISSUE __________ FOR THIS PROJECT
The landowner/developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs.

If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.

Project Title: NOI to Adopt a MND for the Lower Stanislaus River Bike Trail Project Assessor Parcel #s: 261-160-02, 259-340-11, -12, 257-300-20 T _______, R______, Section(s): _____
Local Jurisdiction Contact: Christiana Giedd
The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP.

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Packet Pg. 259 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Plan Review Team
Land Management
[email protected]
Public
March 12, 2024
Rayanna Beck
BaseCamp Environmental, Inc.
802 West Lodi Ave
Lodi, CA 95240
Re: Ripon River Trail
Dear Rayanna Beck,
Thank you for providing PG&E the opportunity to review the proposed plans for Ripon River Trail dated 2/13/2024. Our review indicates the proposed improvements do not appear to directly interfere with existing PG&E facilities or impact our easement rights.

Please note this is our preliminary review and PG&E reserves the right for additional future review as needed. This letter shall not in any way alter, modify, or terminate any provision of any existing easement rights. If there are subsequent modifications made to the design, we ask that you resubmit the plans to the email address listed below.

If the project requires PG&E gas or electrical service in the future, please continue to work with PG&E’s Service Planning department: https://www.pge.com/cco/.

As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.

If you have any questions regarding our response, please contact the PG&E Plan Review Team at [email protected].

Sincerely,
PG&E Plan Review Team
Land Management

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Packet Pg. 260 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Central Valley Regional Water Quality Control Board
14 March 2024
Christiana Giedd
City of Ripon
259 North Wilma Avenue
Ripon, CA 95366
[email protected]

COMMENTS TO REQUEST FOR REVIEW FOR THE MITIGATED NEGATIVE

DECLARATION, LOWER STANISLAUS RIVER BIKE TRAIL PROJECT, SCH#2024020401, SAN JOAQUIN COUNTY
Pursuant to the State Clearinghouse’s 09 February 2024 request, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has reviewed the Request for Review for the Mitigated Negative Declaration for the Lower Stanislaus River Bike Trail Project, located in San Joaquin County.

Our agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state; therefore our comments will address concerns surrounding those issues.

I. Regulatory Setting
Basin Plan
The Central Valley Water Board is required to formulate and adopt Basin Plans for all areas within the Central Valley region under Section 13240 of the Porter-Cologne Water Quality Control Act. Each Basin Plan must contain water quality objectives to ensure the reasonable protection of beneficial uses, as well as a program of implementation for achieving water quality objectives with the Basin Plans. Federal regulations require each state to adopt water quality standards to protect the public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act. In California, the beneficial uses, water quality objectives, and the Antidegradation Policy are the State’s water quality standards. Water quality standards are also contained in the National Toxics Rule, 40 CFR Section 131.36, and the California Toxics Rule, 40 CFR Section 131.38.

The Basin Plan is subject to modification as necessary, considering applicable laws, policies, technologies, water quality conditions and priorities. The original Basin Plans were adopted in 1975, and have been updated and revised periodically as required, using Basin Plan amendments. Once the Central Valley Water Board has adopted a Basin Plan amendment in noticed public hearings, it must be approved by

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Packet Pg. 261 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail Project - 2 - 14 March 2024 San Joaquin County
the State Water Resources Control Board (State Water Board), Office of Administrative Law (OAL) and in some cases, the United States Environmental Protection Agency (USEPA). Basin Plan amendments only become effective after they have been approved by the OAL and in some cases, the USEPA. Every three (3) years, a review of the Basin Plan is completed that assesses the appropriateness of existing standards and evaluates and prioritizes Basin Planning issues. For more information on the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, please visit our website:
http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/ Antidegradation Considerations
All wastewater discharges must comply with the Antidegradation Policy (State Water Board Resolution 68-16) and the Antidegradation Implementation Policy contained in the Basin Plan. The Antidegradation Implementation Policy is available on page 74 at:
https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/sacsjr_2018

05.pdf
In part it states:

Any discharge of waste to high quality waters must apply best practicable treatment or control not only to prevent a condition of pollution or nuisance from occurring, but also to maintain the highest water quality possible consistent with the maximum benefit to the people of the State.

This information must be presented as an analysis of the impacts and potential impacts of the discharge on water quality, as measured by background concentrations and applicable water quality objectives.

The antidegradation analysis is a mandatory element in the National Pollutant Discharge Elimination System and land discharge Waste Discharge Requirements (WDRs) permitting processes. The environmental review document should evaluate potential impacts to both surface and groundwater quality.

II. Permitting Requirements
Construction Storm Water General Permit
Dischargers whose project disturb one or more acres of soil or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), Construction General Permit Order No. 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). For more information on the Construction General Permit, visit the State Water Resources Control Board website at:

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Packet Pg. 262 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail Project - 3 - 14 March 2024 San Joaquin County
http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.sht ml
Clean Water Act Section 404 Permit
If the project will involve the discharge of dredged or fill material in navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the United States Army Corps of Engineers (USACE). If a Section 404 permit is required by the USACE, the Central Valley Water Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If you have any questions regarding the Clean Water Act Section 404 permits, please contact the Regulatory Division of the Sacramento District of USACE at (916) 557-5250.

Clean Water Act Section 401 Permit – Water Quality Certification If an USACE permit (e.g., Non-Reporting Nationwide Permit, Nationwide Permit, Letter of Permission, Individual Permit, Regional General Permit, Programmatic General Permit), or any other federal permit (e.g., Section 10 of the Rivers and Harbors Act or Section 9 from the United States Coast Guard), is required for this project due to the disturbance of waters of the United States (such as streams and wetlands), then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities. There are no waivers for 401 Water Quality Certifications. For more information on the Water Quality Certification, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/water_issues/water_quality_certificatio n/
Waste Discharge Requirements – Discharges to Waters of the State If USACE determines that only non-jurisdictional waters of the State (i.e., “nonfederal” waters of the State) are present in the proposed project area, the proposed project may require a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. Under the California Porter-Cologne Water Quality Control Act, discharges to all waters of the State, including all wetlands and other waters of the State including, but not limited to, isolated wetlands, are subject to State regulation. For more information on the Waste Discharges to Surface Water NPDES Program and WDR processes, visit the Central Valley Water Board website at:https://www.waterboards.ca.gov/centralvalley/water_issues/waste_to_surface_wat er/
Projects involving excavation or fill activities impacting less than 0.2 acre or 400 linear feet of non-jurisdictional waters of the state and projects involving dredging activities impacting less than 50 cubic yards of non-jurisdictional waters of the state may be eligible for coverage under the State Water Resources Control Board Water Quality Order No. 2004-0004-DWQ (General Order 2004-0004). For more information on the General Order 2004-0004, visit the State Water Resources Control Board website at:

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Packet Pg. 263 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail Project - 4 - 14 March 2024 San Joaquin County
https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/200 4/wqo/wqo2004-0004.pdf
Dewatering Permit
If the proposed project includes construction or groundwater dewatering to be discharged to land, the proponent may apply for coverage under State Water Board General Water Quality Order (Low Threat General Order) 2003-0003 or the Central Valley Water Board’s Waiver of Report of Waste Discharge and Waste Discharge Requirements (Low Threat Waiver) R5-2018-0085. Small temporary construction dewatering projects are projects that discharge groundwater to land from excavation activities or dewatering of underground utility vaults. Dischargers seeking coverage under the General Order or Waiver must file a Notice of Intent with the Central Valley Water Board prior to beginning discharge.

For more information regarding the Low Threat General Order and the application process, visit the Central Valley Water Board website at:
http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/ wqo/wqo2003-0003.pdf
For more information regarding the Low Threat Waiver and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/waiv ers/r5-2018-0085.pdf
Limited Threat General NPDES Permit
If the proposed project includes construction dewatering and it is necessary to discharge the groundwater to waters of the United States, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Dewatering discharges are typically considered a low or limited threat to water quality and may be covered under the General Order for Limited Threat Discharges to Surface Water (Limited Threat General Order). A complete Notice of Intent must be submitted to the Central Valley Water Board to obtain coverage under the Limited Threat General Order. For more information regarding the Limited Threat General Order and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/gene ral_orders/r5-2016-0076-01.pdf
NPDES Permit
If the proposed project discharges waste that could affect the quality of surface waters of the State, other than into a community sewer system, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. A complete Report of Waste Discharge must be submitted with the Central Valley Water Board to obtain a NPDES Permit. For more information regarding the NPDES Permit and the application process, visit the Central Valley Water Board website at: https://www.waterboards.ca.gov/centralvalley/help/permit/

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Packet Pg. 264 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) Lower Stanislaus River Bike Trail Project - 5 - 14 March 2024 San Joaquin County
If you have questions regarding these comments, please contact me at (916) 464-4684 or [email protected].

Peter Minkel
Engineering Geologist
cc: State Clearinghouse unit, Governor’s Office of Planning and Research, Sacramento

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Packet Pg. 265 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) March 13, 2024
Christiana Giedd
City of Ripon
Engineering Department
295 N. Wilma Avenue
Ripon, CA 93665
Project: Initial Study and Mitigated Negative Declaration for the Lower Stanislaus River Bike Trail Project
District CEQA Reference No: 20240182
Dear Ms. Giedd,
The San Joaquin Valley Air Pollution Control District (District) has reviewed the Initial Study and Mitigated Negative Declaration (IS/MND) from the City of Ripon (City) for the Lower Stanislaus River Bike Trail Project. Per the IS/MND, the project consists of the application of asphalt on approximately 11,380 linear feet of existing dirt paths to extend an existing bike/walking path (Project). The Project is located adjacent to the Stanislaus River in Ripon, CA.

The District offers the following comments at this time regarding the Project:

Construction Emissions
The District recommends, to further reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating

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March 13, 2024
Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: https://ww2.valleyair.org/rules-and-planning/current-district-rulesand-regulations. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (209) 557-6446.

District Rule 9510 - Indirect Source Review (ISR)
The District has reviewed the information provided and determined that there is no construction of a new building, facility, or structure, or reconstruction of a building, facility, or structure for the purpose of increasing capacity or activity.

Therefore, the project does not meet the definition of a "Development Project”, as defined in District Rule 9510 section 3.13, and District Rule 9510 requirements and related fees do not apply to the Project.

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: https://ww2.valleyair.org/compliance/demolitionrenovation/ District Rule 4601 (Architectural Coatings)
The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII,

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March 13, 2024
specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at: https://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx Information about District Regulation VIII can be found online at:
https://ww2.valleyair.org/dustcontrol
Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

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Packet Pg. 268 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) San Joaquin Valley Air Pollution Control District Page 4 of 4 District Reference No: 20240182
March 13, 2024
District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Dylan Casares by e-mail at [email protected] or by phone at (559) 230-6574.

Sincerely,
Tom Jordan
Director of Policy and Government Affairs
For: Mark Montelongo
Program Manager
cc: Rayanna Beck
BaseCamp Environmental, Inc.
802 West Lodi Ave
Lodi, CA 95240
[email protected]

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Packet Pg. 269 Attachment: FINAL ISMND 3_27_24 (4209 : Mitigated Negative Declaration Environmental Doc) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 04/09/2024
Subject: Proclamation - Ripon Christian High School
RECOMMENDED ACTION:

Present a proclamation to Ripon Christian High School in recognition of its outstanding athletic accomplishments.

Attachments:

1. Proclamation-Ripon Christian

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Attachment: Proclamation-Ripon Christian (4195 : Proclamation - Ripon Christian High School) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 04/09/2024
Subject: Proclamation - Dennis Bitters
RECOMMENDED ACTION:

Present a proclamation to Dennis Bitters for his 42 years of remarkable service to the Ripon Consolidated Fire District, including 21 years as the Fire Chief.

Attachments:

1. Proclamation-Bitters

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Attachment: Proclamation-Bitters (4198 : Proclamation - Dennis Bitters) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/09/2024
Subject: Second Amendment to Fehr & Peers Services Agreement RECOMMENDED ACTION:

Approve and authorize the Mayor to sign Amendment No. 2 to the Professional Services Agreement with Fehr & Peers to develop pavement delineation and sign bid documents and assist the City in coordinating with Caltrans to obtain an Encroachment Permit in the not to exceed amount of $29,715 (funding source: Transportation PFFP Fund).

BACKGROUND:

In order to install a traffic signal at an intersection, certain minimum warrants are required to be met, as defined by the California Department of Transportation. Staff has analyzed the intersection of East Main Street and Highway 99 and found that this intersection meets the minimum requirements for the installation of a traffic signal.

At the September 10, 2019 City Council meeting, the City Council authorized staff to submit a grant application for the installation of this signal. Ultimately, the City received a $480,000 grant for the intersection improvements that would also include a traffic signal.

At the February 14, 2023 City Council meeting, Council approved the Professional Services Agreement with Fehr & Peers in the not to exceed amount of $35,000 to design the traffic signal for the East Main Traffic Signal Project. The project will install a traffic signal at the intersection of East Main Street and Highway 99 Northbound on/off ramps. Currently traffic is controlled with stop signs.

At the August 8, 2023 City Council meeting, Council approved Amendment No. 1 to the Professional Services Agreement with Fehr & Peers in the not to exceed amount of $31,500 in order to perform additional traffic analysis to determine benefits of a traffic signal at this intersection.

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DISCUSSION/ANALYSIS:

At the March 9, 2024 City Council meeting, Fehr & Peers reviewed the traffic analysis for the East Main and Highway 99 intersection. The following is a summary of the presentation:
 The intersection is currently controlled by a 4-way stop and operates at an overall Level of Service of B, but during AM peak hour the intersection operates at a Level of Service D. During times when there is a larger volume of cut-through traffic at the intersection, the Level of Service is also negatively impacted.
 If the intersection was to remain a 4-way stop, for future conditions with the increased traffic at that intersection, the overall Level of Service will be reduced to D, but during AM peak hour, the Level of Service is F. With a traffic signal installed to mitigate the increased traffic volume, the overall Level of Service is C, including while operating during the AM peak hours.
 With the implementation of a traffic signal, changes to the lane configuration will be required as summarized below:
o Dedicated left-turn lanes on all approaches
o Shared through/right lane on southbound and eastbound approaches o Dedicated right-turn lane on northbound to dissipate off-ramp queue o Dedicated right-turn lane on westbound to clear access to neighborhood  A traffic signal timing can be programmed to prioritize local traffic movement in order to reduce delays throughout the day.

Staff has requested a change order from Fehr & Peers to provide the following technical assistance in order to prepare the plans necessary to bid the project:
 Develop plans for the recommended intersection lane configuration required to implement a traffic signal at this intersection.
 Coordinate the Cal Trans encroachment permit to install the traffic signal.

FINANCIAL IMPACT:

The attached Amendment No. 2 to the Professional Services Agreement with Fehr & Peers has a not to exceed amount of $29,715, which will amend the total contract amount to $96,215. This expense will be paid for through the Transportation PFFP fund. The current balance of this fund is $1,878,000.

Attachments:

1. Amendment 2_Fehr & Peers - signed
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Amendment No. 2 Professional Services Agreement - Page 1 of 1 E. Main Street Traffic Signal Project
Fehr & Peers
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

FEHR & PEERS
This Amendment to the Professional Services Agreement dated February 14, 2023 (“Amendment”) is made and entered into on, April 9, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Fehr & Peers (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, whichever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,

1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Twenty Nine Thousand Seven Hundred Fifteen Dollars ($29,715) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the General Services Agreement dated February 14, 2023, shall remain in full force and effect.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF RIPON CONSULTANT
Leo Zuber, Mayor Kristin D. Calia, P.E.
for
a
Packet Pg. 276 Attachment: Amendment 2_Fehr & Peers - signed (4206 : Second Amendment to Fehr & Peers Services Agreement) 1013 Galleria Boulevard | Suite 255 | Roseville, CA 95678 | (916) 773-1900 | Fax (916) 773-2015 www.fehrandpeers.com
March 25, 2024
Mr. Kevin Werner
City Engineer
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
Subject: Proposal for Additional Services for the East Main Traffic Signal Project Dear Mr. Werner:

Thank you for contacting Fehr & Peers to assist you with the traffic engineering design services for signalizing the East Main Street/State Route 99 Northbound Ramps intersection. This scope of work is prepared for additional services on the project to develop pavement delineation and sign plans, specifications, and estimates (PS&E), assist the City in coordinating with Caltrans, and provide bidding and construction support services for the pavement delineation and signing.

Our detailed scope of work is included in Exhibit A. Fehr & Peers will perform this work on a time-andmaterials basis for a cost not-to-exceed $29,715. Invoices will be submitted monthly for services rendered and are due and payable upon receipt. Exhibit B contains our cost estimate for the additional services described in Exhibit A. We expect to prepare PS&E within eight weeks of receiving the base files from the City. We can typically respond to comments and submit revised PS&E within four weeks of receipt.

We look forward to continuing our work with you on this project. If you have any questions or comments, please contact me at (916) 773-1900.

Sincerely,

FEHR & PEERS
Kristin D. Calia, P.E.

Principal
RS23-4251

EXHIBIT A
a
Packet Pg. 277 Attachment: Amendment 2_Fehr & Peers - signed (4206 : Second Amendment to Fehr & Peers Services Agreement) East Main Traffic Signal
March 25, 2024