Agenda packet — San Luis Obispo City Council, October 4, 2022 (part 4 of 4)

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 78 h. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on any unpaved surface at the construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114;
j. Install wheel washers or other devices to control tracking of mud and dirt onto adjacent roadways where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. Roads shall be pre-wetted prior to sweeping when feasible;
l. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the SLOAPCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period, and to prevent transport of dust off-site. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Engineering and Compliance Division prior to the start of any grading, earthwork, or demolition.

AQ-3 Prior to initiation of ground-disturbing activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally occurring asbestos (NOA) in full compliance with SLOAPCD requirements and the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105). This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb ACM, the applicant must file an Asbestos ATCM exemption request with the SLOAPCD.

AQ-4 If ACM are determined to be present on-site, proposed earthwork, demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding ACM, including the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105) and requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations [CFR] Section 61, Subpart M – Asbestos). These requirements include, but are not limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and c. Implementation of applicable removal and disposal protocol and requirements for identified ACM.

AQ-5 All project-related earthwork and demolition of existing structures and/or infrastructure shall be conducted in compliance with applicable regulatory requirements, including the requirements stipulated in the NESHAP (40 CFR 61, Subpart M – asbestos). These requirements include, but are not limited to, notification to the SLOAPCD, an asbestos survey conducted by a Certified Asbestos Inspector, and applicable removal and disposal requirements of identified asbestos containing materials.

AQ-6 If during construction activities, paint is separated from existing infrastructure (e.g., chemically or physically), the paint waste shall be evaluated independently from the building material by a qualified hazardous materials inspector to determine proper management. All hazardous materials (e.g., lead based paint, etc.) shall be handled and disposed of in accordance with local, state, and federal regulations. If required, all lead work plans shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The applicant shall submit proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department.

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 79 Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the SLOAPCD, as necessary.

Biological Resources
BR-1 The Habitat Mitigation and Revegetation Plan shall include an assemblage of native flowering plants in order to provide pollination opportunities for western bumble bee and other insect species.

BR-2 Prior to construction, a biologist determined qualified by Caltrans and the CDFW shall survey the BSA for monarch butterfly roosts. If monarch butterfly roosts are observed, the biologist shall coordinate with Caltrans and the CDFW to establish an appropriate buffer zone to avoid direct impacts to roosts until roosting activity has ceased. Observations of monarch butterfly or other special-status species shall be documented on CNDDB forms and submitted to the CDFW upon project completion.

BR-3 During preconstruction surveys and/or during construction, any Pyrgulopsis spp. observed by biologists shall be relocated to suitable aquatic habitat outside of the area of impact.

BR-4 Prior to initiation of stream diversion/dewatering, a qualified biologist shall conduct a worker environmental training program, including a description of steelhead, steelhead critical habitat, its legal/protected status, proximity to the project site, avoidance/minimization measures to be implemented during the project, and the implications of violating FESA and permit conditions.

BR-5 In-stream work shall take place between June 15 and October 31 in any given year, when the surface water within San Luis Obispo Creek is likely to be at seasonal minimum. Deviations from this work window shall only be made with permission from the relevant regulatory agencies. During in-stream work, a qualified biologist that has experience in steelhead biology and ecology, aquatic habitats, biological monitoring (including diversion/dewatering), and capturing, handling, and relocating fish species shall be retained. During in-stream work, the biological monitor(s) shall continuously monitor placement and removal of any required stream diversions/dewatering and only the approved biologist shall capture stranded steelhead and other native fish species and relocate them to suitable habitat, as appropriate. The approved biologist(s) shall capture steelhead stranded as a result of diversion/dewatering and relocate steelhead to the nearest suitable in-stream habitat. The approved biologist(s) shall note the number of steelhead observed in the affected area, the number of steelhead relocated, and the date and time of the collection and relocation.

BR-6 During in-stream work, if pumps are incorporated to assist in temporarily dewatering the site, intakes shall be completely screened with no larger than 3/32-inch (2.38-millimeter) wire mesh to prevent steelhead and other sensitive aquatic species from entering the pump system. Pumps shall release the diverted water so that suspended sediment shall not reenter the stream. The form and function of pumps used during the dewatering activities shall be checked daily, at a minimum, by a qualified biological monitor to ensure a dry work environment and minimize adverse effects to aquatic species and habitats.

BR-7 Prior to and during construction activities, only USFWS-approved biologists shall participate in activities associated with the capture and handling of CRLFs.

BR-8 Ground disturbance shall not begin until written approval is received from the USFWS that the biologist(s) is qualified to do conduct the work, unless the individual(s) has/have been approved previously and the USFWS has not revoked that approval. Caltrans shall request approval of the biologist(s) from the USFWS.

BR-9 A USFWS-approved biologist shall survey the project area no more than 48 hours before the onset of work activities.

If any life stage of the CRLF is found and these individuals are likely to be killed or injured by work activities, the approved biologist shall be allowed sufficient time to move them from the site before work activities begin. The USFWS-approved biologist shall relocate the CRLFs the shortest distance possible to a location that contains suitable habitat and shall not be affected by the activities associated with the project. The relocation site should be in the same

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 80 drainage to the extent practicable. Caltrans shall coordinate with USFWS on the relocation site prior to the capture of any CRLFs.

BR-10 Before any activities begin on a project, a USFWS-approved biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of the CRLF and its habitat, the specific measures that are being implemented to conserve the CRLF for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions.

BR-11 A USFWS-approved biologist shall be present at the work site until CRLFs have been relocated out of harm’s way, workers have been instructed, and disturbance of the habitat has been completed. After this time, the City shall designate a person to monitor on-site compliance with minimization measures. The USFWS-approved biologist shall ensure that this monitor receives the training outlined in the measure above and in the identification of CRLFs. If the monitor or the USFWS-approved biologist recommends that work be stopped because CRLFs would be affected in a manner not anticipated by the USFWS, Caltrans, and the City during the review of the proposed action, they shall notify the resident engineer (the engineer that is directly overseeing and in command of construction activities) immediately. The resident engineer shall either resolve the situation by eliminating the adverse effect immediately or require that actions that are causing these effects be halted. If work is stopped, the USFWS, Caltrans, and the City shall be notified as soon as is reasonably possible.

BR-12 During project activities, trash that may attract predators shall be properly contained, removed from the work site, and disposed of regularly. Following construction, trash and construction debris shall be removed from work areas.

BR-13 All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from riparian habitat or water bodies and in a location from where a spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water). The monitor shall ensure contamination of habitat does not occur during such operations. Prior to the onset of work, Caltrans and the City shall ensure that a plan is in place for prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.

BR-14 Habitat contours shall be returned to their original configuration at the end of project activities. This measure shall be implemented in all areas disturbed by activities associated with the project, unless the USFWS, Caltrans, and the City determine that it is not feasible or modification or original contours would benefit the CRLF.

BR-15 The number of access routes, size of staging areas, and total area of activity shall be limited to the minimum necessary to achieve the project. Environmentally Sensitive Areas (ESAs) shall be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the impact to CRLF habitat; this goal includes locating access routes and construction areas outside of wetlands and riparian areas to the maximum extent practicable.

BR-16 Caltrans and the City shall attempt to schedule work for times of the year when impacts to CRLF would be minimal.

For example, work that would affect large pools that may support breeding would be avoided, to the maximum extent practicable, during the breeding season (November through May). Isolated pools that are important to maintain CRLFs through the driest portions of the year would be avoided, to the maximum degree practicable, during the late summer and early fall. Habitat assessments, surveys, and technical assistance between the USFWS and Caltrans during project planning shall be used to assist in scheduling work activities to avoid sensitive habitats during key times of year.

BR-17 To control sedimentation during and after project implementation, Caltrans and the City shall implement Best Management Practices (BMPs) outlined in any authorizations or permits issued under the authorities of the Clean Water Act that it receives for the specific project. If BMPs are ineffective, Caltrans shall attempt to remedy the situation immediately, in coordination with the USFWS.

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 81 construction activities, any diversions or barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate. Alteration of the streambed shall be minimized to the maximum extent possible; any imported material shall be removed from the streambed upon completion of the project.

BR-19 Unless approved by the USFWS, water shall not be impounded in a manner that may attract CRLFs.

BR-20 A USFWS-approved biologist shall permanently remove any individuals of exotic species, such as bullfrogs (Lithobates catesbeiana), crayfish, and centrarchid fishes, from the project area, to the maximum extent. The USFWSapproved biologist shall be responsible for ensuring their activities are in compliance with the California Fish and Game Code.

BR-21 If Caltrans and the City demonstrate that disturbed areas have been restored to conditions that allow them to function as habitat for CRLF, these areas shall not be included in the amount of total habitat permanently disturbed.

BR-22 To ensure that diseases are not conveyed between work sites by the USFWS-approved biologist, the fieldwork code of practice developed by the Declining Amphibian Task Force shall be followed at all times.

BR-23 Project sites shall be revegetated with an assemblage of native riparian, wetland, and upland vegetation suitable for the area. Locally collected plant materials shall be used to the extent practicable. Invasive, exotic plants shall be controlled to the maximum extent practicable. This measure shall be implemented in all areas disturbed by activities with the project, unless the USFWS, Caltrans, and the City have determined that it is not feasible or practical.

BR-24 Caltrans and the City shall not use herbicides as the primary method to control invasive, exotic plants. However, if Caltrans and the City determine the use of herbicides is the only feasible method for controlling invasive plants at a specific project site, the following additional measures shall be implemented to protect CRLF:
a. Caltrans and the City shall not use herbicides during the breeding season for CRLF. b. Caltrans and the City shall conduct surveys for CRLF immediately prior to the start of herbicide use. If found, CRLF shall be relocated by a qualified biologist to suitable habitat far enough from the project area that no direct contact with herbicide would occur.
c. Cape ivy and other invasive plants shall be cut and hauled out by hand and painted with glyphosate-based products, such as Aquamaster® or Rodeo®.
d. Licensed and experienced Caltrans staff or a licensed and experienced contractor shall use a hand-held sprayer for foliar application of Aquamaster® or Rodeo® where large monoculture stands occur at an individual project site.
e. All precautions shall be taken to ensure that no herbicide is applied to native vegetation. f. Foliar applications of herbicide shall not occur when wind speeds are in excess of 3 miles per hour. g. No herbicides shall be applied within 24 hours of forecasted rain. h. Application of herbicides shall be done by qualified Caltrans staff, City staff, or contractors to ensure that overspray is minimized, application is made in accordance with the label recommendations, and required and reasonable safety measures are implemented. A safe dye shall be added to the mixture to visually denote treated sites. Application of herbicides shall be consistent with the USEPA Office of Pesticide Programs Endangered Species Protection Program county bulletins. i. All herbicides, fuels, lubricants, and equipment shall be stored, poured, or refilled at least 100 feet from riparian habitat or water bodies in a location where a spill would not drain directly toward aquatic habitat.

Caltrans and the City shall ensure that a plan is in place for a prompt and effective response to accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.

BR-25 Upon completion of the project, Caltrans and the City shall ensure that a Project Completion Report is completed and provided to the USFWS Ventura Field Office. Caltrans and the City shall recommended modifications of the protective measures if alternative measures would facilitate compliance with the provisions of the consultation. In addition,

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 82 Caltrans shall reinitiate formal consultation in the event any of the following thresholds are reached as a result of the projects conducted under the provisions of the consultation associated with the Programmatic Biological Opinion:

Caltrans shall reinitiate consultation when, as a result of projects conducted under the provision of the consultation associated with the Programmatic Biological Opinion, any of the following occur:
a. 10 CRLF adults or juveniles have been killed or injured in any given year (for this and all other standards, an egg mass is considered to be a CRLF);
b. 50 CRLFs have been killed or injured in total;
c. 20 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been permanently lost in any given year;
d. 100 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been permanently lost in total; e. 100 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been temporarily disturbed in any given year; or
f. 500 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been temporarily disturbed in total.

BR-26 Prior to construction, a biologist determined qualified by Caltrans and the CDFW shall survey the BSA and, if present, capture and relocate any Coast Range newts and southwestern pond turtles to adjacent suitable habitat upstream or downstream of the BSA. Observations of these or other special-status species shall be documented on CNDDB forms and submitted to CDFW upon project completion. If these species or other CDFW Species of Special Concern aquatic species are observed during construction, they shall likewise be relocated to suitable upstream habitat by a qualified biologist.

BR-27 If feasible and regulatory approvals allow, tree removal shall be scheduled to occur from October 1 to January 31, outside of the typical nesting bird season, to avoid potential impacts to nesting birds. If tree removal or other construction activities are proposed to occur within 100 feet of potential habitat during the nesting season (February 1 to September 1), a nesting bird survey shall be conducted by a biologist determined qualified by Caltrans no more than 3 days prior to construction. If an active nest is found, a qualified biologist shall determine an appropriate buffer and monitoring strategy based on the habits and needs of the species. The buffer area shall be avoided until a qualified biologist has determined that juveniles have fledged.

BR-28 If least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo are observed within 100 feet of construction activities, a qualified biologist shall implement an exclusion zone and work shall be avoided within the exclusion zone until the least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo are located greater than 100 feet from project-related disturbance. If an active least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo nest is observed within 100 feet of the BSA, all project activities shall immediately cease and Caltrans shall contact the USFWS and CDFW within 48 hours. If required, Caltrans shall then initiate FESA Section 7 formal consultation with the USFWS and California Endangered Species Act (CESA) coordination for least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo and implement additional measures as necessary.

BR-29 Prior to demolition of the existing bridge, birds shall be excluded from the existing bridge. Nesting bird exclusion methods may include installation of exclusion netting, removing/knocking down nests before they contain eggs, or other methods approved by the CDFW. Installation of exclusion netting shall occur outside of the typical nesting season (i.e., implement exclusion methods from September 2 to January 31).

BR-30 Prior to demolition of the existing bridge, bats shall be passively excluded from the existing bridge with exclusion netting or other means. Installation of exclusion shall occur outside of the typical maternity roosting season (i.e., implement exclusion from September 2 to February 14).

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 83 BR-31 If tree removal is required during the bat maternity roosting season (February 15 to September 1), a bat roost survey shall be conducted by a qualified biologist within 3 days prior to removal. If an active bat roost is found, Caltrans shall coordinate with the CDFW to determine an appropriate buffer based on the habits and needs of the species. Readily visible exclusion zones shall be established in areas where roosts must be avoided using ESA fencing. Work in the buffer area shall be avoided until a qualified biologist has determined that roosting activity has ceased. Active bat maternity roosts shall not be disturbed or destroyed at any time.

BR-32 If it is determined that a substantial impact to pallid bat, western mastiff bat, or a maternity roost shall occur, then the City shall compensate for the impact through the development and implementation of a mitigation plan in coordination with the CDFW.

Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) jurisdictions in San Luis Obispo Creek. The HMRP shall be prepared in compliance with the guidelines provided in the Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines for South Pacific Division USACE (USACE 2015), the Checklist for Compensatory Mitigation Proposals (USACE 2008a), and the Final Rule for Compensatory Mitigation for Losses of Aquatic Resources. The HMRP shall identify proposed mitigation ratios to compensate for permanent and temporary impacts to jurisdictional areas expected from the project. The HMRP shall identify the proposed 1:1 restoration ratio in-kind for temporary impacts, a 2:1 restoration or enhancement ratio in-kind for permanent impacts resulting in degradation of ecological conditions, and a 3:1 restoration or enhancement ratio in-kind for permanent impacts resulting in permanent loss. The final mitigation requirements shall be determined through the permitting process and a final Compensatory Mitigation Plan will need to be approved by the USACE, CDFW, and RWQCB.

BR-34 Prior to construction, the City shall obtain a Section 404 Permit from the USACE, a Section 401 Water Quality Certification from the RWQCB, and a Section 1600 Streambed Alteration Agreement from the CDFW for projectrelated impacts that shall occur in areas under state and federal jurisdiction.

BR-35 Prior to construction, the City shall retain a qualified biological monitor(s) to monitor construction and ensure compliance with the avoidance and minimization efforts outlined within all project environmental documents. At a minimum, monitoring shall occur during initial ground disturbance activities and vegetation removal within the San Luis Obispo Creek corridor. Monitoring may be reduced to part time once initial disturbance and vegetation removal activities are complete. The duration of monitoring should be at least once per week throughout the remaining construction phases, unless specified otherwise by permitting agencies.

BR-36 Prior to construction, all personnel shall participate in an environmental awareness training program conducted by a qualified biologist. The program shall include a description of the sensitive aquatic resources within the BSA and the boundaries within which the project may be accomplished. If appropriate, the biologist may train and designate a representative of the City or other designee to provide training to subcontractors or personnel that shall be on-site for short durations during the project.

BR-37 Construction activities within jurisdictional areas shall be conducted during the dry season when stream flows will be at annual lows (June 15 and October 31) in any given year, or as otherwise directed by the regulatory agencies.

Deviations from this work window can be made with permission from the relevant regulatory agencies.

BR-38 Prior to initiation of any construction activities, including vegetation clearing or grubbing, sturdy high-visibility fencing shall be installed to protect the jurisdictional areas adjacent to the designated work areas. This fencing shall be placed so that unnecessary adverse impacts to the adjacent habitats are avoided. No construction work (including storage of materials) shall occur outside of the specified project limits. The fencing shall remain in place during the entire construction period, be monitored periodically by a qualified biologist, and be maintained as needed by the contractor.

BR-39 Prior to construction, a Storm Water Pollution Prevention Plan or Water Pollution Control Plan for the project shall be prepared. Provisions of this plan shall be implemented during and after construction as necessary to avoid and minimize erosion and stormwater pollution in and near the work area.

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 84 BR-40 Prior to construction, the contractor shall prepare a Hazardous Materials Response Plan to allow for a prompt and effective response to any accidental spills. Workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.

BR-41 During construction, erosion control measures (e.g., silt fencing, fiber rolls, and barriers) shall remain available onsite and shall be utilized as necessary to prevent erosion and sedimentation in jurisdictional areas. No synthetic plastic mesh products shall be used for erosion control and use of these materials on-site is prohibited. Erosion control measures shall be checked to ensure that they are intact and functioning effectively and maintained on a daily basis throughout the duration of construction. The contractor shall also apply adequate dust control techniques, such as site watering, during construction to protect water quality.

BR-42 During construction, the cleaning and refueling of equipment and vehicles shall occur only within a designated staging area and at least 100 feet (30 meters) from wetlands or other aquatic areas. At a minimum, equipment and vehicles shall be checked and maintained on a daily basis to ensure proper operation and avoid potential leaks or spills.

BR-43 During construction, trash shall be contained, removed from the work site, and disposed of regularly. Following construction, trash and construction debris shall be removed from the work areas. Vegetation removed from the construction site shall be taken to a permitted landfill to prevent the spread of invasive species. If soil from weedy areas (such as areas with poison hemlock [Conium maculatum] or other invasive exotic plant species) must be removed to an off-site location, the top 6 inches (152 millimeters) containing the seed layer in areas with weedy species shall be disposed of at a permitted landfill.

BR-44 During construction, no pets shall be allowed on the construction site.

Monitoring Program: These conditions and measures shall be noted on all grading and construction plans. The City Community Development Department and Natural Resources Manager shall verify compliance.

Cultural Resources
CR-1 In the event that historical or archaeological remains are discovered during earth-disturbing activities associated with the project, an immediate halt work order shall be issued and the City Community Development Director and City Public Works Director shall be notified. A qualified archaeologist shall conduct an assessment of the resources and formulate proper mitigation measures, if necessary. After the find has been appropriately mitigated, work in the area may resume. A Chumash representative shall monitor any mitigation excavation associated with Native American materials.

CR-2 In the event that human remains are exposed during earth-disturbing activities associated with the project, an immediate halt work order shall be issued and the City Community Development Director and City Public Works Director shall be notified. State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours.

Monitoring Program: These conditions shall be noted on all grading and construction plans. The City Community Development Department shall verify compliance.

Hazards & Hazardous Materials
HAZ-1 All project-related spills or leaks of hazardous materials shall be cleaned up immediately. Spill prevention and cleanup materials shall be located on-site at all times during construction.

HAZ-2 Prior to issuance of construction permits, soil sampling shall be conducted in areas of the South Higuera Street rightof-way where soil disturbance or excavation is proposed for the presence of hazardous materials, including aerially deposited lead (ADL) and hydrocarbons. Soil sampling shall be conducted by a licensed geologist or other qualified

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 85 professional as approved by the City. ADL sampling shall focus on unpaved areas and formerly unpaved areas within the right-of-way and shall be conducted in accordance with current Caltrans guidance documents. Analytes to be targeted should include gasoline-, diesel-, and oil-range hydrocarbons; volatile organic compounds; and fuel oxygenates. If contaminated soil is present, the appropriate abatement actions shall be implemented in accordance with applicable Caltrans Standard Special Provisions and other applicable standards.

HAZ-3 A Soil Management Plan and Health and Safety Plan shall be developed for the project to ensure contaminated soils excavated during project construction are handled, stockpiled, and disposed of in accordance with federal, state, and local regulations. Special handling, treatment, or disposal of ADL in soils during construction activities shall be consistent with the DTSC and Caltrans Soil Management Agreement for Aerially Deposited Lead-Contaminated soils (effective July 1, 2016).

HAZ-4 Prior to issuance of construction permits, yellow traffic striping and similar pavement parking materials shall be tested for presence of elevated levels of metals that would require removal and special disposal measures during construction per Caltrans Standard Special Provisions and other applicable standards.

Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development, SLOFD, and City Public Works Departments. Compliance shall be verified by the City during regular inspections.

Noise
N-1 For the entire duration of the construction phase of the project, the following BMPs shall be adhered to:
a. Stationary construction equipment that generates noise that exceeds 60 dBA at the project boundaries shall be shielded with the most modern noise control devises (i.e. mufflers, lagging, and/or motor enclosures). b. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust from pneumatically powered tools.
c. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-air exhaust shall be used. d. All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such as mufflers, engine enclosures, and engine vibration insulators, intact and operational. e. All construction equipment shall undergo inspection at periodic intervals to ensure proper maintenance and presence of noise control devices (e.g., mufflers, shrouding, etc.). f. Plan noisier operations and activities during times least sensitive to nearby receptors. g. Maintain good public relations with surrounding community members and provide frequent activity updates of all construction activities. Let all surrounding community members know that all noise-related complaints shall be directed to the City Public Works Department.

N-2 Construction plans shall note construction hours, truck routes, and all construction noise BMPs, and shall be reviewed and approved by the City Community Development and Public Works Departments prior to issuance of grading/building permits. The City shall provide and post signs stating these restrictions at construction entry sites prior to commencement of construction and maintained throughout the construction phase of the project. All construction workers shall be briefed at a preconstruction meeting on construction hour limitations and how, why, and where BMP measures are to be implemented. Noise-related complaints shall be directed to the City Public Works Department.

Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections.

Transportation

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 86 TR-1 At least 8 weeks prior to scheduled road closure, the City shall notify SLO Transit and local emergency service providers (including the SLOFD, SLOPD, and San Luis Ambulance Services) of road closure along Prado Road. The notice shall include dates and estimated duration of the closure, identify alternative access routes to properties made inaccessible by the closure (as applicable), and contact information available if there are issues or complaints.

Complaints shall be directed to the City Public Works Department.

TR-2 Construction Traffic Management Plan. Prior to the issuance of each building permit, the construction contractor shall meet with the City Public Works department to determine traffic management strategies to reduce, to the maximum extent feasible, traffic congestion, impacts to bicyclists and pedestrians, impacts to public transit services, and impacts to emergency service providers during construction of the project. The construction contractor will develop a construction management plan for review and approval by the Public Works department. The plan shall include at least the following items and requirements:
x A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane closure procedures, sidewalk closure procedures, signs, designated construction access routes, and temporary traffic control measures for automobile, bicycle, and pedestrian traffic.
x Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures will occur.
x Location of construction staging areas for materials, equipment, and vehicles. x Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety; and provision for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant.
x Temporary construction fences to contain debris and material and to secure the site. x Provisions for removal of trash generated by project construction activity. x A process for responding to and tracking complaints pertaining to construction activity. Complaints shall be directed to the City Public Works Department.
x Provisions for monitoring surface streets used for truck routes so that any damage and debris attributable to the trucks can be identified and corrected, including regular street sweeping within the project vicinity. x Location and signage of bicycle and pedestrian detours. Safe access for pedestrians and bicyclists shall be maintained to the greatest extent possible throughout the duration of construction activities. x In the event the Prado Road Bridge Replacement Project is under construction at the same time as the US 101/Prado Road Interchange Project during any portion of the construction schedule, at least one connection from US 101 to the City street network shall be maintained at all times (e.g., via the Prado Road/South Higuera intersection or Elks Lane/South Higuera intersection). The Construction Traffic Management Plan shall include measures that identify the necessary steps that would be taken by the construction contractor and the City to ensure this connection is maintained.

The plan may also include, but is not limited to, the following measures:
x Signal timing modification and/or optimization at surrounding intersections; x Restriping at surrounding intersections to improve traffic flow; and

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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 87 x Installation of temporary signalization at the Higuera Street/Elks Lane intersection prior to closure of the Prado Road Bridge.

It is anticipated that recommendations of the Construction Traffic Management Plan for temporary signing, striping, signalization of the S. Higuera/Elks Lane intersection, and other construction traffic control would be incorporated into the project Plan, Specification, and Estimate (PS&E) and developed in the context of the City Municipal Code Construction and Fire Prevention Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which address other issues such as hours of construction onsite, limitations on noise and dust emissions, and other applicable items.

Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development and City Public Works Departments. Compliance shall be verified by the City during regular inspections.

Tribal Cultural Resources
TCR-1 A qualified archaeologist and Native American monitor shall be present during all project related construction activities that result in disturbance of native soil that may contain tribal cultural resources. Monitoring activities shall be conducted in accordance with a Monitoring Plan as approved by the City Community Development Department.

The plan shall include provisions such as:
a. List of personnel involved in the monitoring activities including a Native American monitor; b. Description of how the monitoring shall occur;
c. Description of monitoring frequency;
d. Description of circumstances that would result in the “work diversion,” in the case of discovery, at the project site;
e. Description of procedures for diverting work on the site and notification procedures; f. Description of monitoring reporting procedures; and
g. Description of the procedures for reburial of artifacts and/or human remains within identified areas on the project site or other suitable location.

Monitoring Program: This measure shall be noted on all project grading and building plans for review and approval by the City Community Development and City Public Works Departments. Compliance shall be verified by the City during regular inspections.

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RESOLUTION NO. _____ (2022 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE

DECLARATION FOR THE PRADO BRIDGE REPLACEMENT PROJECT

AND ASSOCIATED UTILITY UNDERGROUNDING DISTRICT

ORDINANCE
WHEREAS, The Prado Bridge Replacement Project and associated Utility Undergrounding District Ordinance necessitates the preparation of an Initial StudyMitigated Negative Declaration; and WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Prado Bridge Replacement project and was circulated for public, tribal, and agency review from July 15 to August 15, 2022; and
WHEREAS, City staff has completed all public and agency noticing requirements pursuant to the California Environmental Quality Act and held a public meeting at the City Corporation Yard (25 Prado, San Luis Obispo) on July 26, 2022 to solicit comments on the proposed project and associated environmental document.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Environmental Review. Based upon all evidence in the record before it, including an initial study, the City Council hereby adopts the Final Initial Study – Mitigated Negative Declaration (IS-MND) prepared and circulated for this project, and adopts all of the findings related to the Project:
a) The Prado Bridge Replacement Project IS-MND was prepared and circulated for public review in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. It reflects the lead agency’s independent judgement and analysis, and it adequately addresses potential environmental impacts associated with the proposed Project; and b) The publicly circulated IS-MND addresses overhead utility relocation required to implement the Prado Bridge Replacement Project, and has been clarified to specify the undergrounding of existing overhead utilities within the project area consistent with the proposed Utility Undergrounding District Ordinance. The clarifications are minor, the area of project disturbance would not change, no additional significant effects would occur, and no new or modified mitigation measures would be required. Therefore, pursuant to CEQA Guidelines Section 15073.5, recirculation of the IS/MND is not required prior to adoption by the City Council; and
c) There is no substantial evidence that the Project will have a significant effect on the environment as mitigated in accordance with the measures identified in the IS-MND; and

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d) All potentially significant environmental effects were analyzed adequately in the referenced IS-MND, subject to the following mitigation measures being incorporated into the Project and subject to the mitigation monitoring program in the IS-MND, which is hereby adopted:

Air Quality
AQ-1 The SLOAPCD recognizes the public health risk reductions that can be realized by idle limitations for both on- and off-road equipment. The following idle restricting measures are required for the construction phase of projects:

1. Idling Restrictions Near Sensitive Receptors for Both On- and OffRoad Equipment.

1. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations;

2. Diesel idling while equipment is not in use is not permitted;

3. Use of alternative-fueled equipment is recommended
whenever possible; and

4. Signs that specify the no-idling requirements must be posted and enforced at the construction site.

2. Idling Restrictions for On-Road Vehicles. Section 2485 of California Code of Regulations Title 13 limits diesel-fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds and licensed for operation on highways. It applies to California- and non-California-based vehicles.

In general, the regulation specifies that drivers of said vehicles:

1. Shall not idle the vehicle’s primary diesel engine while vehicle is not in use, except as noted in Subsection (d) of the regulation; and

2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation.

Signs must be posted in the designated queuing areas and job sites to remind drivers of the no-idling requirement. The specific requirements and exceptions in the regulation can be reviewed at the following web site: www.arb.ca.gov/msprog/truck-idling/2485.pdf.

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3. Idling Restrictions for off-Road Equipment. Off-road diesel equipment shall comply with the no-idling requirement. Signs shall be posted in the designated queuing areas and job sites to remind off-road equipment operators of the no-idling requirement.

AQ-2 Throughout the construction phase of the project, the project applicant shall implement the following measures to minimize impacts to sensitive receptors and to significantly reduce fugitive dust emissions. These fugitive dust mitigation measures shall be shown on grading and building plans:

1. Reduce the amount of disturbed area where possible;

2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 miles per hour. Reclaimed (non-potable) water should be used whenever possible;

3. All dirt stockpile areas should be sprayed daily or covered with tarps or other dust barriers, as needed;

4. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil-disturbing activities;

5. Exposed ground areas that are planned to be reworked at dates greater than 1 month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established;

6. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the SLOAPCD;

7. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used;

8. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on any unpaved surface at the construction site;

9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114;

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10. Install wheel washers or other devices to control tracking of mud and dirt onto adjacent roadways where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site;

11. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. Roads shall be pre-wetted prior to sweeping when feasible;

12. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the SLOAPCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Engineering and Compliance Division prior to the start of any grading, earthwork, or demolition.

1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD;

2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and

3. Implementation of applicable removal and disposal protocol and requirements for identified ACM.

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AQ-5 All project-related earthwork and demolition of existing structures and/or infrastructure shall be conducted in compliance with applicable regulatory requirements, including the requirements stipulated in the NESHAP (40 CFR 61, Subpart M – asbestos). These requirements include, but are not limited to, notification to the SLOAPCD, an asbestos survey conducted by a Certified Asbestos Inspector, and applicable removal and disposal requirements of identified asbestos containing materials.

If required, all lead work plans shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The City shall document proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department.

BR-3 During preconstruction surveys and/or during construction, any Pyrgulopsis spp. observed by biologists shall be relocated to suitable aquatic habitat outside of the area of impact.

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BR-5 In-stream work shall take place between June 15 and October 31 in any given year, when the surface water within San Luis Obispo Creek is likely to be at seasonal minimum. Deviations from this work window shall only be made with permission from the relevant regulatory agencies. During in-stream work, a qualified biologist that has experience in steelhead biology and ecology, aquatic habitats, biological monitoring (including diversion/dewatering), and capturing, handling, and relocating fish species shall be retained. During in-stream work, the biological monitor(s) shall continuously monitor placement and removal of any required stream diversions/dewatering and only the approved biologist shall capture stranded steelhead and other native fish species and relocate them to suitable habitat, as appropriate. The approved biologist(s) shall capture steelhead stranded as a result of diversion/dewatering and relocate steelhead to the nearest suitable in-stream habitat. The approved biologist(s) shall note the number of steelhead observed in the affected area, the number of steelhead relocated, and the date and time of the collection and relocation.

BR-6 During in-stream work, if pumps are incorporated to assist in temporarily dewatering the site, intakes shall be completely screened with no larger than 3/32-inch (2.38- millimeter) wire mesh to prevent steelhead and other sensitive aquatic species from entering the pump system. Pumps shall release the diverted water so that suspended sediment shall not reenter the stream. The form and function of pumps used during the dewatering activities shall be checked daily, at a minimum, by a qualified biological monitor to ensure a dry work environment and minimize adverse effects to aquatic species and habitats.

BR-7 Prior to and during construction activities, only USFWS-approved biologists shall participate in activities associated with the capture and handling of CRLFs.

BR-9 A USFWS-approved biologist shall survey the project area no more than 48 hours before the onset of work activities. If any life stage of the CRLF is found and these individuals are likely to be killed or injured by work activities, the approved biologist shall be allowed sufficient time to move them from the site before work activities begin. The USFWS-approved biologist shall relocate the CRLFs the shortest distance possible to a location that contains suitable habitat and shall not be affected by the activities associated with the project. The relocation site should be in the same drainage to the extent practicable. Caltrans shall coordinate with USFWS on the relocation site prior to the capture of any CRLFs.

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BR-10 Before any activities begin on a project, a USFWS-approved biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of the CRLF and its habitat, the specific measures that are being implemented to conserve the CRLF for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions.

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BR-15 The number of access routes, size of staging areas, and total area of activity shall be limited to the minimum necessary to achieve the project. Environmentally Sensitive Areas (ESAs) shall be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the impact to CRLF habitat; this goal includes locating access routes and construction areas outside of wetlands and riparian areas to the maximum extent practicable.

BR-16 Caltrans and the City shall attempt to schedule work for times of the year when impacts to CRLF would be minimal. For example, work that would affect large pools that may support breeding would be avoided, to the maximum extent practicable, during the breeding season (November through May). Isolated pools that are important to maintain CRLFs through the driest portions of the year would be avoided, to the maximum degree practicable, during the late summer and early fall. Habitat assessments, surveys, and technical assistance between the USFWS and Caltrans during project planning shall be used to assist in scheduling work activities to avoid sensitive habitats during key times of year.

BR-18 If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh not larger than 1/5 inch (5.08 millimeters) to prevent CRLFs from entering the pump system. Water shall be released downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, any diversions or barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate. Alteration of the streambed shall be minimized to the maximum extent possible; any imported material shall be removed from the streambed upon completion of the project.

BR-19 Unless approved by the USFWS, water shall not be impounded in a manner that may attract CRLFs.

BR-20 A USFWS-approved biologist shall permanently remove any individuals of exotic species, such as bullfrogs (Lithobates catesbeiana), crayfish, and centrarchid fishes, from the project area, to the maximum extent. The USFWS-approved biologist shall be responsible for ensuring their activities are in compliance with the California Fish and Game Code.

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BR-22 To ensure that diseases are not conveyed between work sites by the USFWSapproved biologist, the fieldwork code of practice developed by the Declining Amphibian Task Force shall be followed at all times.

1. Caltrans and the City shall not use herbicides during the breeding season for CRLF.

2. Caltrans and the City shall conduct surveys for CRLF immediately prior to the start of herbicide use. If found, CRLF shall be relocated by a qualified biologist to suitable habitat far enough from the project area that no direct contact with herbicide would occur.

3. Cape ivy and other invasive plants shall be cut and hauled out by hand and painted with glyphosate-based products, such as Aquamaster® or Rodeo®.

4. Licensed and experienced Caltrans staff or a licensed and experienced contractor shall use a hand-held sprayer for foliar application of Aquamaster® or Rodeo® where large monoculture stands occur at an individual project site.

5. All precautions shall be taken to ensure that no herbicide is applied to native vegetation.

6. Foliar applications of herbicide shall not occur when wind speeds are in excess of 3 miles per hour.

7. No herbicides shall be applied within 24 hours of forecasted rain.

8. Application of herbicides shall be done by qualified Caltrans staff, City staff, or contractors to ensure that overspray is minimized, application is made in accordance with the label recommendations, and required and reasonable safety measures are implemented. A safe dye shall be added to the mixture to visually denote treated sites. Application of herbicides shall be consistent with the USEPA Office of Pesticide Programs Endangered Species Protection Program county bulletins.

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9. All herbicides, fuels, lubricants, and equipment shall be stored, poured, or refilled at least 100 feet from riparian habitat or water bodies in a location where a spill would not drain directly toward aquatic habitat.

BR-25 Upon completion of the project, Caltrans and the City shall ensure that a Project Completion Report is completed and provided to the USFWS Ventura Field Office.

Caltrans and the City shall recommend modifications of the protective measures if alternative measures would facilitate compliance with the provisions of the consultation. In addition, Caltrans shall reinitiate formal consultation in the event any of the following thresholds are reached as a result of the projects conducted under the provisions of the consultation associated with the Programmatic Biological Opinion:

Caltrans shall reinitiate consultation when, as a result of projects conducted under the provision of the consultation associated with the Programmatic Biological Opinion, any of the following occur:

1. 10 CRLF adults or juveniles have been killed or injured in any given year (for this and all other standards, an egg mass is considered to be a CRLF);

2. 50 CRLFs have been killed or injured in total;

3. 20 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been permanently lost in any given year;

4. 100 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been permanently lost in total;

5. 100 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been temporarily disturbed in any given year; or

6. 500 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been temporarily disturbed in total.

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BR-26 Prior to construction, a biologist determined qualified by Caltrans and the CDFW shall survey the BSA and, if present, capture and relocate any Coast Range newts and southwestern pond turtles to adjacent suitable habitat upstream or downstream of the BSA. Observations of these or other special-status species shall be documented on CNDDB forms and submitted to CDFW upon project completion. If these species or other CDFW Species of Special Concern aquatic species are observed during construction, they shall likewise be relocated to suitable upstream habitat by a qualified biologist.

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BR-31 If tree removal is required during the bat maternity roosting season (February 15 to September 1), a bat roost survey shall be conducted by a qualified biologist within 3 days prior to removal. If an active bat roost is found, Caltrans shall coordinate with the CDFW to determine an appropriate buffer based on the habits and needs of the species. Readily visible exclusion zones shall be established in areas where roosts must be avoided using ESA fencing. Work in the buffer area shall be avoided until a qualified biologist has determined that roosting activity has ceased. Active bat maternity roosts shall not be disturbed or destroyed at any time.

BR-33 Prior to issuance of construction permits, the City shall prepare a Habitat Mitigation and Revegetation Plan to assist project planners in preparing agency permit applications associated with the permanent and temporary impacts to U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) jurisdictions in San Luis Obispo Creek. The HMRP shall be prepared in compliance with the guidelines provided in the Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines for South Pacific Division USACE (USACE 2015), the Checklist for Compensatory Mitigation Proposals (USACE 2008a), and the Final Rule for Compensatory Mitigation for Losses of Aquatic Resources. The HMRP shall identify the proposed 1:1 restoration ratio in-kind for temporary impacts, a 2:1 restoration or enhancement ratio in-kind for permanent impacts resulting in degradation of ecological conditions, and a 3:1 restoration or enhancement ratio in-kind for permanent impacts resulting in permanent loss. The final mitigation requirements shall be determined through the permitting process and a final Compensatory Mitigation Plan would need to be approved by the USACE, CDFW, and RWQCB.

BR-34 Prior to construction, the City shall obtain a Section 404 Permit from the USACE, a Section 401 Water Quality Certification from the RWQCB, and a Section 1600 Streambed Alteration Agreement from the CDFW for project-related impacts that shall occur in areas under state and federal jurisdiction.

The duration of monitoring should be at least once per week throughout the remaining construction phases, unless specified otherwise by permitting agencies.

BR-36 Prior to construction, all personnel shall participate in an environmental awareness training program conducted by a qualified biologist. The program shall include a

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description of the sensitive aquatic resources within the BSA and the boundaries within which the project may be accomplished. If appropriate, the biologist may train and designate a representative of the City or other designee to provide training to subcontractors or personnel that shall be on-site for short durations during the project.

BR-40 Prior to construction, the contractor shall prepare a Hazardous Materials Response Plan to allow for a prompt and effective response to any accidental spills. Workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.

BR-41 During construction, erosion control measures (e.g., silt fencing, fiber rolls, and barriers) shall remain available on-site and shall be utilized as necessary to prevent erosion and sedimentation in jurisdictional areas. No synthetic plastic mesh products shall be used for erosion control and use of these materials on-site is prohibited. Erosion control measures shall be checked to ensure that they are intact and functioning effectively and maintained on a daily basis throughout the duration of construction. The contractor shall also apply adequate dust control techniques, such as site watering, during construction to protect water quality.

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BR-43 During construction, trash shall be contained, removed from the work site, and disposed of regularly. Following construction, trash and construction debris shall be removed from the work areas. Vegetation removed from the construction site shall be taken to a permitted landfill to prevent the spread of invasive species. If soil from weedy areas (such as areas with poison hemlock [Conium maculatum] or other invasive exotic plant species) must be removed to an off-site location, the top 6 inches (152 millimeters) containing the seed layer in areas with weedy species shall be disposed of at a permitted landfill.

BR-44 During construction, no pets shall be allowed on the construction site.

Cultural Resources
CR-1 In the event that historical or archaeological remains are discovered during earthdisturbing activities associated with the project, an immediate halt work order shall be issued and the City Community Development Director and City Public Works Director shall be notified. A qualified archaeologist shall conduct an assessment of the resources and formulate proper mitigation measures, if necessary. After the find has been appropriately mitigated, work in the area may resume. A Chumash representative shall monitor any mitigation excavation associated with Native American materials.

Hazards and Hazardous Materials
HAZ-1 All project-related spills or leaks of hazardous materials shall be cleaned up immediately. Spill prevention and clean-up materials shall be located on-site at all times during construction.

HAZ-2 Prior to issuance of construction permits, soil sampling shall be conducted in areas of the South Higuera Street right-of-way where soil disturbance or excavation is proposed for the presence of hazardous materials, including aerially deposited lead (ADL) and hydrocarbons. Soil sampling shall be conducted by a licensed geologist or other qualified professional as approved by the City. ADL sampling shall focus on unpaved areas and formerly unpaved areas within the right-of-way and shall be conducted in accordance with current Caltrans guidance documents.

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Analytes to be targeted should include gasoline-, diesel-, and oil-range hydrocarbons; volatile organic compounds; and fuel oxygenates. If contaminated soil is present, the appropriate abatement actions shall be implemented in accordance with applicable Caltrans Standard Special Provisions and other applicable standards.

Transportation
TR-1 At least 8 weeks prior to scheduled road closure, the City shall notify SLO Transit and local emergency service providers (including the SLOFD, SLOPD, and San Luis Ambulance Services) of road closures along Prado Road. The notice shall include dates and estimated duration of the closure, identify alternative access routes to properties made inaccessible by the closure (as applicable), and contact information available if there are issues or complaints. Complaints shall be directed to the City Public Works Department.

TR-2 Construction Traffic Management Plan. Prior to the issuance of construction permits, the construction contractor shall meet with the City Public Works Department to determine traffic management strategies to reduce, to the maximum extent feasible, traffic congestion, impacts to bicyclists and pedestrians, impacts to public transit services, and impacts to emergency service providers during construction of the project. The construction contractor shall develop a construction management plan for review and approval by the Public Works Department. The plan shall include, at minimum, the following items and requirements:
 A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane closure procedures, sidewalk closure procedures, signs, designated construction access routes, and temporary traffic control measures for automobile, bicycle, and pedestrian traffic.

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 Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures will occur.
 Location of construction staging areas for materials, equipment, and vehicles.
 Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety.
 Temporary construction fencing to contain debris and material and to secure the site.
 Provisions for removal of trash generated by project construction activity.
 A process for responding to and tracking complaints pertaining to construction activity. Complaints shall be directed to the City Public Works Department.
 Provisions for monitoring surface streets used for haul and truck routes so that any damage and debris attributable to construction-related trips can be identified and corrected, including regular street sweeping within the project vicinity.
 Location and signage of bicycle and pedestrian detours. Safe access for pedestrians and bicyclists shall be maintained to the greatest extent possible throughout the duration of construction activities.  In the event the Prado Road Bridge Replacement Project is under construction at the same time as the US 101/Prado Road Interchange Project during any portion of the construction schedule, at least one connection from US 101 to the City street network shall be maintained at all times (e.g., via the Prado Road/South Higuera intersection or Elks Lane/South Higuera intersection). The Construction Traffic Management Plan shall include measures that identify the necessary steps that would be taken by the construction contractor and the City to ensure this connection is maintained.

The plan shall also incorporate, at minimum and to the extent feasible, the following recommendations of the Construction Traffic Analysis (CCTC 2021) prepared for the project:
 Signal timing modification and/or optimization at surrounding intersections;
 Restriping at surrounding intersections to improve traffic flow; and  Installation of temporary signalization at the Higuera Street/Elks Lane intersection prior to the closure of the Prado Road Bridge.

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It is anticipated that the recommendations of the Construction Traffic Management Plan for temporary signing, striping, and signalization of the South Higuera intersection, and other construction traffic control measures would be incorporated into the project Plan, Specification, and Estimate (PS&E) and developed in the context of the City Municipal Code Construction and Fire Prevention Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which address other issues such as hours of construction onsite, limitations on noise and dust emissions, and other applicable items.

1. List of personnel involved in the monitoring activities including a Native American monitor;

2. Description of how the monitoring shall occur;

3. Description of monitoring frequency;

4. Description of circumstances that would result in the “work diversion,” in the case of discovery, at the project site;

5. Description of procedures for diverting work on the site and notification procedures;

6. Description of monitoring reporting procedures; and

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7. Description of the procedures for reburial of artifacts and/or human remains within identified areas on the project site or other suitable location.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2022. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

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ORDINANCE NO . 767 (1978 Series )

AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO

GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY ,

ITS SUCCESSORS AND ASSIGNS, THE FRANCHIS E
(1) TO USE, FOR TRANSMITTING AND DISTRIBUTIN G

ELECTRICITY SUITE D

FOR LIGHTING BUT FOR USE BY CONSUMERS FOR ANY

AND ALL LAWFUL PURPOSES OTHER THAN LIGHTING ,

ALL POLES, WIRES, CONDUITS AND APPURTENANCE S

WHICH ARE NOW OR MAY HEREAFTER BE LAWFULL Y

PLACED AND MAINTAINED IN THE PUBLIC STREET S

AND PLACES WITHIN THE CITY OF SAN LUIS OBISPO ,

UNDER THAT CERTAIN FRANCHISE OF GRANTEE AC -
QUIRED PURSUANT TO SECTION 19 OF ARTICLE XI

OF THE CONSTITUTION OF THE STATE OF CALIFORNIA ,

AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT
ON OCTOBER 10, 1911 ; (2) TO CONSTRUCT, MAINTAIN

AND USE IN SAID PUBLIC STREETS AND PLACES AL L

POLES, WIRES, CONDUITS AND APPURTENANCES WHEN -

EVER AND WHEREVER SAID CONSTITUTIONAL FRANCHIS E

IS NOT NOW NOR SHALL HEREAFTER BE AVAILABL E

THEREFOR, NECESSARY TO TRANSMIT AND DISTRIBUT E

ELECTRICITY SUITED

FOR, AND FOR USE BY CONSUMERS FOR, ANY OR ALL
LAWFUL PURPOSES ; AND (3) TO UTILIZE SAID POLES , '

WIRES, CONDUITS AND APPURTENANCES IN SAID PUBLI C

STREETS AND PLACES FOR TRANSMITTING ELECTRICIT Y
_ FOR USE OUTSIDE THE

BOUNDARIES OF THE CITY FOR ANY AND ALL LAWFUL

PURPOSES, AND PROVIDING THE TERMS AND CONDITION S
OF THE FRANCHISE SO GRANTED .

BE IT ORDAINED by the Council of the City of San Lui s
Obispo as follows :

AG :ktm 3/8/7 8
rev .6 7
rev . 4/78
O 767

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SECTION 1 . DEFINITIONS .

Whenever in this ordinance the words and phrases herein - after in this section defined are used, they shall have th e respective meanings assigned to them in the following definitions :
(a) The word "grantee" shall mean Pacific Gas and Electri c Company, and its lawful successors or assigns ;
(b) The word "city" shall mean the City of San Lui s
Obispo, a municipal corporation of the State of California , in its present incorporated form or in any later reorganized , consolidated, enlarged or reincorporated form ;
(c) The word "streets" shall mean the public streets, ways , alleys and places as the same now or may hereafter exis t within city, including State highways, now or hereafte r established within city, and freeways hereafter establishe d within city ;
(d) The phrase "poles, wires, conduits and appurtenances " shall mean poles, towers, supports, wires, conductors, cables , guys, stubs, platforms, crossarms, braces, transformers , insulators, conduits, ducts, vaults, manholes, meters, cut - outs, switches, communication circuits, appliances, attachments, appurtenances and, without limitation to the foregoing , any other property located or to be located in, upon, along , across, under or over the streets of city, and used or usefu l in transmitting and/or distributing electricity .
(e) The phrase "construct, maintain and use" shall mea n to construct, erect, install, operate, maintain, use, repair , or replace ;
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(f) The phrase "constitutional franchise" shall mean th e right acquired through acceptance by grantee or its predecessor in estate of the offer contained in the provision s of Section 19 of Article XI of the Constitution of the
State of California, as said section existed prior to it s amendment on October 10, 1911 .

SECTION 2 . GRANT OF FRANCHISE .

The franchise (1) to use, for transmitting and distributing electricity suited for lighting but for
use by consumers for any and all lawful purposes other than lighting , all poles, wires, conduits and appurtenances which are now or ma y hereafter be lawfully placed and maintained in the streets withi n city under the constitutional franchise of grantee ; (2) to construct , maintain and use in said streets all poles, wires, conduits an d appurtenances whenever and wherever the constitutional franchis e of grantee is not now nor shall hereafter be available therefor , necessary to transmit and distribute electricity suited for, and fo r use by consumers for, any or all lawful purposes ; (3) to utiliz e said poles, wires, conduits and appurtenances in said publi c streets and places for transmitting electricity for use outside th e boundaries of city for any and all lawful purposes is hereb y granted to Pacific Gas and Electric Company, its successors an d assigns .

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SECTION 3 . RELOCATION OF FACILITIES .

Grantee of this franchise shall relocate, without expens e to city, any poles, wires, conduits and appurtenances theretofor e installed, and then maintained or used under this franchise, i f and when made necessary by any lawful change of grade, alignmen t or width of any streets by city, including the construction of an y subway or viaduct, or any other conflict with a municipal government purpose .

SECTION 4 . TERM .

Said franchise shall be indeterminate, that is to say , said franchise shall endure in full force and effect until th e same shall, with the consent of the Public Utilities Commissio n of the State of California, be voluntarily surrendered or abandoned by grantee, or until the state or some municipal or publi c corporation thereunto duly authorized by law shall purchase b y voluntary agreement or shall condemn and take under the powe r of eminent domain, all property actually used and useful in th e exercise of said franchise and situate in the territorial limit s of the state, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeite d for noncompliance with its terms by grantee .

SECTION 5 . CONSIDERATION .

Grantee of said franchise shall during the term thereo f pay to city a sum annually which shall be equivalent to two percen t (2%) of the gross annual receipts of grantee arising from the use , operation or possession of said franchise ; provided, in case th e AG :ktm 6/5/78 -4-

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State Legislature raises the minimum percentage allowable, th e new rate shall apply ; and provided, however, that such paymen t shall in no event be less than a sum which shall be equivalent t o one-half percent (1/2%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of city unde r said franchise and said constitutional franchise .

In addition to the foregoing, grantee shall pay to cit y within thirty (30) days of the issuance by the Public Utilitie s Commission of a certificate of convenience and necessity t o exercise the franchise the sum of Ten Thousand Dollars ($10,000 .00) .

If, at any time after the payment of said sum, it shall be adjudge d that said franchise did not become effective or was or is invalid , or if the grantee shall, at any time, be prevented by the city o r by judgment procured by any other person from exercising the same for any reason other than noncompliance with its terms by th e grantee, then said sum of Ten Thousand Dollars ($10,000 .00) shal l be forthwith repaid by the city to the grantee .

SECTION 6 . REPORTS .

Grantee shall file with the City Clerk within three (3 ) months after the expiration of the calendar year, or fractiona l calendar year, following the date of the granting hereof, an d within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing i n detail the total gross receipts of grantee during the precedin g calendar year, or such fractional calendar year, from the sal e of energy within city . Grantee shall pay to city within fiftee n (15) days after the time for filing such statement, in lawfu l AG :ktm 3/8/78 -5 -
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money of the United States, the aforesaid percentage of its gros s receipts for such calendar year, or such fractional calendar year , covered by such statement . Any neglect, omission or refusal b y grantee to file such verified statement, or to pay said percentag e at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and of all right s of grantee hereunder .

SECTION 7 . AUTHORITY FOR GRANT .

This franchise is granted under the Indeterminat e
Franchise Act of 1937 and pursuant to Article XIII of the Charte r of the City of San Luis Obispo, adopted in 1955, and no othe r authority .

SECTION 8 . COMPLIANCE WITH LAWS .

All facilities or equipment of grantee that grantee shal l construct, maintain and use or remove, pursuant to the provisions of the franchise granted herein shall be accomplished in accordanc e with the ordinances, rules and regulations of city now or as here - after adopted or prescribed which are not in conflict with th e paramount authority of such rules, regulations and orders as ar e promulgated or approved by or are filed with the Public Utilitie s Commission or other governmental authority having jurisdiction i n the premises .

SECTION 9 . ADMINISTRATIVE PRACTICES .

Grantee is herewith charged with the responsibility o f preparing, with the cooperation of city, a manual of administrativ e AG :ktm 6/5/78 -6-

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practices which shall govern the installation and removal of grantee' s facilities in the streets of city which shall include, but not b e limited to, cathodic protection practices . Once each year, commencing with the first full calendar year of the franchise grante d herein, it is to be the joint responsibility of grantee and city to review and update such administrative practices . Both grantee and city are charged with the duty to review and update such administrative practices by a method of mutual cooperation which shal l take into consideration the reasonable needs and convenience o f each party ; provided that said administrative practices and th e terms and conditions thereof shall be at all times subject t o approval of the City Council as expressed by appropriate legislative action, and shall not conflict with the paramount authorit y of such rules, regulations and orders as are promulgated or approve d by or are filed with the Public Utilities Commission or other govern - mental authority having jurisdiction in the premises .

Following the preparation of said manual, and its approva l by the City Council, it shall govern the practices of the grante e in its installation and removal of grantee's facilities in th e streets of city .

SECTION 10 . CITY RESERVED POWERS .
(a) City reserves the right for itself to lay, construct , erect, install, use, operate, repair, replace, remove, relocate , regrade or maintain below surface or above surface improvement s of any type or description in, upon, along, across, under or ove r the streets of the city . City further reserves the right to re - locate, remove, vacate or replace the streets themselves . If the AG :ktm 6/5/78 -7-

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necessary exercise of the aforementioned reserved rights is made necessary in order to accommodate a municipal government purpos e and conflicts with any poles, wires, conduits and appurtenance s of grantee constructed, maintained and used pursuant to the pro - visions of the franchise granted hereby, whether previously constructed, maintained and used or not, grantee shall, without cos t or expense to city after written notice from the City Administativ e Officer, or his designated representative, and request to do so , begin the physical field construction of changing the location o f all facilities or equipment so conflicting . Grantee shall procee d promptly to complete such required work .
(b) Irrespective of any other provision of this ordinance , grantee's right to construct, maintain and use, or remove poles , wires, conduits and appurtenances thereto shall be subject at al l times to the right of city, in the reasonable exercise of it s police power in response to a direct and immediate threat to th e health or safety of the public, to require the removal or relocatio n of said poles, wires, conduits and appurtenances thereto at th e sole cost and expense of grantee .

SECTION 11 . REPAIR COSTS .

Grantee shall pay to city on demand the cost of al l
repairs to city property made necessary by any of the operation s of grantee under the franchise granted hereby ; provided, however , that grantee may make repairs to streets, sidewalks, curbs an d gutters itself at its own cost in accordance with city specifications if the same can be done without undue inconvenience t o the public use of the streets .

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SECTION 12 . FORFEITURE .

This franchise is granted upon each and every conditio n herein contained, and shall be strictly construed against grantee .

Nothing shall pass by the franchise granted hereby to grante e unless it be granted in plain and unambiguous terms . Each o f said conditions is a material and essential condition to th e granting of the franchise . If grantee shall fail, neglect o r refuse to comply with any of the conditions of the franchis e granted hereby, and if such failure, neglect or refusal shal l continue for more than thirty (30) days after written deman d by the City Administrative Officer for compliance therewith, the n city, by the City Council, in addition to all rights and remedie s allowed by law, thereupon may terminate the right, privilege an d franchise granted in and by this ordinance, and all the rights , privileges and the franchise of grantee granted hereby shal l thereupon be at an end . Thereupon and immediately, grantee shal l surrender all rights and privileges in and to the franchise grante d hereby . No provision herein made for the purpose of securing th e enforcement of the terms and conditions of the franchise grante d hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions , but the remedies and procedure outlined herein or provided, includin g forfeiture, shall be deemed to be cumulative .

SECTION 13 . ACQUISITION AND VALUATION .

Nothing in this ordinance or in the franchise grante d
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to acquire property of grantee through the exercise of city' s power of eminent domain, or through voluntary agreement betwee n city and grantee . In the event that city chooses to exercis e its power of eminent domain, it shall do so in accordance wit h the procedures provided by the general law of the State o f California for the condemnation of public utility property .

The valuation of such property for condemnation purposes shal l be made in accordance with such general law .

SECTION 14 . UNDERGROUNDING .
(a) It is the city's intent to underground all utilitie s as expeditiously as possible .
(b) Presently, grantee is engaged in a program of converting to underground certain of its facilities in accordanc e with Decision No . 73078 of the California Public Utilities Commission . At this time, said decision requires grantee to budge t prior to the end of each calendar year, certain sums of money fo r said program for the next succeeding year and allocate these sum s to undergrounding projects in the various governmental jurisdictions throughout grantee's entire service territory on th e basis of the number of customers in each governmental jurisdiction .

Grantee shall at all times use its best efforts to accomplish a s much conversion in the city as may be accomplished through the allocation or reallocation of funds by the California Publi c Utilities Commission pursuant to Rule 20 .

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(c) In addition to the foregoing, grantee agrees to permit city to install its conduits in grantee's trenches upon payment of city's proportionate share of trenching costs . Sai d conduits shall include, but not be limited to, conduits fo r street lighting, traffic signals and fire alarm systems .

SECTION 15 . HOLD HARMLESS .

Grantee of the franchise granted hereby shall indemnify , save and hold harmless, city and any officers and employees thereo f against and from all damages, judgments, decrees, costs and expenditures which city, or such officer or employee, may suffer, o r which may be recovered from, or obtainable against city, or suc h officer or employee, for, or by reason of, or growing out of o r proximately resulting from the exercising by grantee of any or al l of the rights or privileges granted hereby, or by reason of an y act or acts of grantee or its servants or agents in exercisin g the franchise granted hereby, and grantee shall defend any sui t that may be instituted against city, or any officer or employe e thereof, by reason of or growing out of or proximately resultin g from the exercise by grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of grantee , or its servants or agents, in exercising the franchise grante d hereby .

SECTION 16 . EFFECTIVE DATE .

This ordinance shall become effective thirty (30) day s after its final passage unless suspended by a referendum petitio n filed as provided by law .

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SECTION 17 . WRITTEN ACCEPTANCE .

The franchise granted hereby shall not become operative until written acceptance thereof shall have been filed by th e grantee with the City Clerk .

SECTION 18 . PUBLICATION AND PUBLICATION COSTS .

This ordinance, together with the ayes and noes, shal l be published once in full, at least three (3) days prior to it s final passage in the Telegram-Tribune, a newspaper publishe d and circulated in said city .

The grantee of said franchise shall pay to the city a
sum of money sufficient to reimburse it for all publicatio n expenses incurred by it in connection with the granting thereof ; such payment to be made within thirty (30) days after the cit y shall have furnished such grantee with a written statement o f such expense .

INTRODUCED AND PASSED TO PRINT by the Council of the Cit y of San Luis Obispo at a regular meeting thereof held on the 18t h day of July , 1978, on motion of Councilman Jorgensen, seconde d by Councilman Settle , and on the following roll call vote :

AYES : Councilmen Dunin, Jorgensen, Petterson, Settle & Mayor Schwart z NOES : None
ABSENT : Non e
ATTEST :

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Approved as to form : Approved as to content :

WENDT, MITCHELL, SINSHEIMER ,
de la MOTTE & LILLE Y
City Attorney
By Allen Grimes
'C ;;Ir<31
City Administrate Office r
Director of Public Service s
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ORDINANCE NO . 76 7
FINALLY PASSED this 1st day of August , 1978 ,
on motion of Councilman Settle seconded by
Councilman Jorgensen on the following roll call vote :

AYES : Councilmen Jorgensen, Petterson, Settle and Mayor Schwart z NOES : None
ABSENT : Councilman Duni n
ATTEST :

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San Luis Obispo City CouncilOctober 4, 2022

San Luis Obispo City Council
October 4, 2022