Seaside City Council
July 6, 2023

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, July 6, 2023
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ ___________________________________________________________________________________

VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS

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2. To participate in this meeting: Using the Zoom application on your smart phone, laptop, tablet or desktop and click on this link: https://ci-seaside-ca-us.zoom.us/j/81936832059 WEBINAR ID: 819 3683 2059

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Enter the meeting ID 819 3683 2059 when prompted. There is no participate code – press the pound sign # after the recording prompts you.

4. To make public comment, the following options are available:

Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting via Oral Comments: When the Chair calls for public comment, attendees can queue to speak with the “Raise Hand” feature. On the Zoom application, click the “Raise Hand” button. On the phone, press *9.

IN PERSON PARTICIPATION INSTRUCTIONS
Members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

Packet Page 1
City Council REGULAR Meeting July 6, 2023 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3-majority vote is required).

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.

6. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.

7. PRESENTATIONS
A. CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION

DIRECTOR, DAN MEEWIS)
B. PRESENTATION OF APRIL AND MAY 2023 HOUSES OF THE MONTH (NEIGHBORHOOD IMPROVEMENT COMMISSIONER, RAY RIORDAN)
C. SEASIDE POLICE AND FIRE "CHAMP" YOUTH CADET PROGRAM (FIRE

CHIEF MARY GUTIERREZ AND POLICE COMMANDER JUSTIN PASCONE )

8. CONSENT AGENDA
Packet Page 2
City Council REGULAR Meeting July 6, 2023 5:00 PM Agenda Page 3 A. APPROVE MINUTES FROM JUNE 15, 2023
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of December 17, 2022 through January 27, 2023, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending December 29, 2022 and January 20, 2023. Total Accounts Payable and Payroll for the above referenced period is $6,091,505.12.

C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of December 17, 2022 through January 27, 2023, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending December 29, 2022 and January 20, 2023. Total Accounts Payable and Payroll for the above referenced period is $30,929.39.

D. APPROVE PROCLAMATION RECOGNIZING JULY AS BEBE MOORE

CAMPBELL NATIONAL MINORITY MENTAL HEALTH AWARENESS MONTH RECOMMENDATION: Approve proclamation recognizing July 2023, as National Minority Mental Health Awareness Month in the City of Seaside.

E. APPROVE PROCLAMATION RECOGNIZING JULY 28, 2023, NATIONAL

BUFFALO SOLDIERS DAY
RECOMMENDATION: Approve a proclamation recognizing July 28, 2023, as National Buffalo Soldiers Day in the City of Seaside.

F. APPROVE A FEE WAIVER REQUEST FROM PAJARO VALLEY OHLONE COUNCIL FOR THEIR "RED DRESS DAY - HONORING INDIGENOUS
WOMEN" EVENT ON MAY 04, 2024
RECOMMENDATION: Approve the fee waiver request from Pajaro Valley Ohlone Indian Council for the use of Laguna Grande Hall on May 03, 2024, to set-up and Laguna Grande Combo and Seaside Room on May 04, 2024 to hold their event "Red Dress Day - Honoring Indigenous Women" in the amount of $1,041.00, the Organization to provide the City with the insurance of $122.00 and the nonrefundable portion of the deposit of $98.25.

G. APPROVE A FEE WAIVER FROM CALIFORNIA STATE UNIVERSITY

MONTEREY BAY'S DEPARTMENT OF SOCIAL WORK FOR THE USE OF THE

LAGUNA GRANDE HALL AND KITCHEN FOR THEIR MASTER OF SOCIAL WORK, NEW STUDENT ORIENTATION ON AUGUST 21, 2023
RECOMMENDATION: Approve a fee waiver request from California State University Monterey Bay's Department of Social Work for the use of Laguna Granda Hall and kitchen to hold their MSW New Student Orientation in the amount of $506.25, the Organization to provide the City with the non-refundable portion of the deposit of $98.25.

Packet Page 3
City Council REGULAR Meeting July 6, 2023 5:00 PM Agenda Page 4 H. APPROVE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) QUARTERLY REPORT
RECOMMENDATION: Approve the report as presented in the agenda packet.

I. APPROVE APPOINTMENTS TO THE ENVIRONMENTAL COMMISSION,

COMMUNITY SAFETY ADVISORY COMMISSION AND THE COMMISSION

ON JOBS, OPPORTUNITIES, AND BUSINESSES IN SEASIDE
RECOMMENDATION: Accept the appointments to Commissions as recommended by the Mayor.

J. APPROVE A REQUEST FROM BLACK LEADERS AND ALLIES

COLLABORATIVE FOR SPONSORSHIP IN THE AMOUNT OF FIFTEEN
HUNDRED DOLLARS ($1,500.00), AND USE THE CITY LOGO ON

PROMOTIONAL MATERIALS FOR THE MONTEREY COUNTY RACE
RELATIONS SUMMIT MEETING ON JULY 14, 2023 TO BE HELD AT

EMBASSY SUITES HOTEL IN SEASIDE
RECOMMENDATION: Approve the request and make a contribution to the Monterey County Race Relations Summit Meeting in the amount of $1,500.00 and allow the use of the City logo on promotional materials.

K. ADOPT A RESOLUTION AUTHORIZING A CONTRACTOR SERVICES

AGREEMENT WITH CALIFORNIA PREMIER RESTORATION FOR ON-CALL

PROPERTY CLEAN-UP SERVICES FOR AN AMOUNT NOT TO EXCEED
$75,000.00 AND TOTAL PROJECT COST, INCLUDING A 10%
CONGINGENCY OF $82,500.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a contractor services agreement with California Premier Restoration to perform OnCall Property Clean-Up Services for an amount not to exceed $75,000.00 and total project cost, including a 10% contigency of $82,500.00.

L. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT #3 TO INCREASE THE PROFESSIONAL
SERVICES CONTRACT BY AN AMOUNT NOT TO EXCEED $100,000.00

WITH KIMLEY-HORN TO PROVIDE ADDITIONAL CAMPUS TOWN PROJECT

MANAGEMENT SERVICES FOR A CUMULATIVE CONTRACT AMOUNT NOT TO EXCEED $555,200.00 TO BE REIMBURSED BY DEVELOPER OR PAID

FOR OUT OF THE FORT ORD REUSE AUTHORITY DEMOLITION BONDS RECOMMENDATION: Adopt resolution authorizing the City Manager to execute contract amendment #3 increasing the amount of the contract by $100,000 to provide increased services for the Campus Town project.

M. ADOPT A RESOLUTION CLARIFYING REGULATIONS RELATED TO THE

ALLOCATION OF WATER FOR ACCESSORY DWELLING UNITS
RECOMMENDATION: Adopt a Resolution clarifying that previously adopted regulations for Accessory Dwelling Units apply within the Seaside Municipal Water District service area.

Packet Page 4
City Council REGULAR Meeting July 6, 2023 5:00 PM Agenda Page 5 N. ADOPT A RESOLUTION AUTHORIZING THE MAYORS OF SEASIDE AND

OAXACA DE JUAREZ MEXICO TO ENTER INTO AN AGREEEMENT TO

APPROVE THE CITY OF SEASIDE DONATION OF SURPLUS SEASIDE FIRE

AND POLICE EQUIPMENT TO OAXACA DE JUAREZ FIRE DEPARTMENT,

AND HAVE A MUTUAL EXCHANGE OF TRAINING
RECOMMENDATION: Adopt a Resolution to enter into an agreement with Oaxaca De Juarez Mexico to donate surplus fire and police equipment to them.

9. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE NORTH FREMONT STREET

SIDEWALK GAP CLOSURE PROJECT MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND REPORTING

PROGRAM
RECOMMENDATION: Adopt the resolution approving the North Fremont Street Sidewalk Gap Closure Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS REQUESTS

1. Lobbyist RFP

11. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.

12. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Agency to Redevelopment Agency may adjourn to a Closed Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City Attorney. Public comments on these items are taken after being read by the City Attorney. For the public record, please state your name.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
RECOMMENDATION: Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: Danny Bakewell Jr., et. al. and City of Seaside Packet Page 5
City Council REGULAR Meeting July 6, 2023 5:00 PM Agenda Page 6 Under Negotiation: Purchase and Sale Agreement Terms
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: A portion of APN 031-151-055 located to the east of General Jim Moore Blvd./Generally South of Lightfighter commonly referred to as the Presidio of Monterey Fire Station
Agency Negotiators: City Manager, et. al.

Negotiating Parties:US Army and City of Seaside
Under Negotiation: price, terms of payment or both
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9- POTENTIAL LITIGATION (2 MATTERS)

13. ADJOURNMENT
Next Regularly Scheduled Meeting:

JULY 20, 2023
5:00 PM
The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

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DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, June 15, 2023
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco ABSENT: None

3. INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Kenneth Murray (Oceanview Baptist Church) led invocation. The pledge of allegiance was led by Mayor Pro Tem Pacheco.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Kenneth James, Laura Murray, Lisa Mitchell, Peter Kaiser, Mariam Smith, Susan Schivonni, Roselyn Green, Karla Lobo, Alvin Edwards, Ruthie Watts, Pastor Kenneth Murray

6. PUBLIC AGENCY COMMUNICATIONS
Alvin Edwards, Director, Division 1 – Monterey Peninsula Water Management District reported the budget will be discussed and voted on June 20, 2023.

7. PRESENTATIONS
A. MAYOR'S KEY TO THE CITY PRESENTED TO MR. BENNIE W. COOPER (MAYOR IAN N. OGLESBY)
Mayor Ian Oglesby presented the Key to the City to Mr. Bennie W. Cooper.

B. CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION

DIRECTOR DAN MEEWIS)
Director Meewis provided a presentation and reviewed the following upcoming events and responded to questions from the Council:
• Juneteenth Monterey County – June 17 – Laguna Grande Park • Here & Queer & Thriving, a pride open mic night – June 18 – Palenke Arts 6pm Packet Page 7
Thursday, June 15, 2023 City Council REGULAR Meeting Page 2 • Community Workshop for the Revised Public Draft Plan & 6th Cycle Housing Element Release – June 22 – Oldemeyer Center, 6-8pm
• Pollinator Celebration – June 24 – Lincoln Cunningham Park 10-12pm • Lincoln Cunningham & Havana Soliz Parks Concept Plan Community Outreach Event – June 24 - Lincoln Cunningham Park 9-11am
• Hot Cars & Cool Nights – June 30, July 28, August 25, September 29 – Broadway Ave 4-8pm
• July 4th Red, White, and Blues – July 4 – City Hall Lawn 1-4pm • City’s Teen Center and Seaside’s Classic Car Club presents Youth Summer Jam – July 8 – Seaside Teen Center 1-4pm
• Sunday Blues in the Park 2023 – July 9, July 16, July 23, July 30, August 6 – Laguna Grande Park 1-4:30pm
• Monterey Peninsula Obon Festival – July 9 – Monterey Peninsula Buddhist Temple 12-5pm
• Porsche Monterey Classic – August 14 – Porsche Monterey (1781 Del Monte) 4- 8pm
• Exotics on Broadway – August 19 – Broadway Ave 1-6pm
• Consours d’Lemons – August 19 – Seaside City Hall
• Concorso Italiano – August 19 - Bayonet & Blackhorse Golf Course • Tree Giveaway – Seaside Residents – bit.ly/seasidefreetree23 • CalFresh information
• Family & Community Support Program – (831) 899-6852
• Friends of Seaside Parks Association Park Clean Ups –June 17, June 24, July 1, July 8
• Monterey Bay F.C. Home Games – June 24, July 8, July 15 Follow us on social media: facebook.com/SeasideCA, Instagram: @cityofseaside, Twitter: @City_of_Seaside
C. MONTEREY COUNTY RACE RELATIONS SUMMIT MEETING (DIRRICK

WILLIAMS, FOUNDER & EXECUTIVE DIRECTOR OF BLACK LEADERS

AND ALLIES COLLABORATIVE)
Mr. Williams spoke to the City regarding the Race Relations Summit Meeting and invited the City Council to attend. The meeting will be held July 14, 2023 from10:00am – 3:30pm. Mr. Williams then responded to questions from the Council.

8. CONSENT AGENDA
Items 8B and 8K was pulled by Peter Kaiser. There were no comments from the public.

On motion by Council Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the Consent Agenda as presented, with the exception of Items 8B and 8K, which were pulled.

RESULT: 5-0-0-0
Packet Page 8
Thursday, June 15, 2023 City Council REGULAR Meeting Page 3 AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM MAY 30, MAY 31, AND JUNE 1, 2023 ACTION: Approved
B. APPROVE A PROCLAMATION RECOGNIZING JUNE 2023 AS PRIDE

MONTH IN THE CITY OF SEASIDE
Public Comment: Peter Kaiser, Karla Lobo, Juan Sanchez, Miriam Smith, Silvia Chi On motion by Council Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve a proclamation recognizing June 2023 as Pride Month in the City of Seaside.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Approved
C. APPROVE A PROCLAMATION DESIGNATING JULY 2023 AS PARKS AND

RECREATION MONTH
ACTION: Approved
D. APPROVE A FEE WAIVER REQUEST FROM SEASIDE HIGH SCHOOL FOR

COSTS ASSOCIATED WITH THE ANNUAL HOMECOMING PARADE ON
SEPTEMBER 01, 2023
ACTION: Approved
E. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE POLICE ACTIVITIES LEAGUE TO COVER THE COSTS

ASSOCIATED WITH THE SPORTS PROGRAM, INCLUDING THE

PURCHASE OF NEW EQUIPMENT, UNIFORMS, TOURNAMENT FEES,

INSURANCE, AND REGISTRATION COST FOR TRANSPORTATION
ACTION: Approved
F. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL BASEBALL TEAM FOR COSTS ASSOCIATED

WITH NEW EQUIPMENT AND UNIFORMS
Packet Page 9
Thursday, June 15, 2023 City Council REGULAR Meeting Page 4 ACTION: Approved
G. APPROVE THE REMOVAL OF THE 2-HOUR PARKING SIGNS IN FRONT OF THE JAGUAR - LAND ROVER - VOLVO DEALERSHIP AT 1711 DEL MONTE

BOULEVARD AS RECOMMENDED BY THE TRAFFIC ADVISORY

COMMITTEE
ACTION: Approved
H. ADOPT A RESOLUTION AMENDING THE CAPITAL IMPROVEMENT
PROGRAM TO INCLUDE THE LOCAL ROADWAY SAFETY PLAN PROJECT;

AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH
PARAMETRIX FOR AN AMOUNT NOT TO EXCEED $87,890.00, AND
APPROPRIATING $96,679.00 FROM THE GENERAL FUND TO THE

PROJECT ACCOUNT
ACTION: Adopted Reso #23-102
I. ADOPT A RESOLUTION APPROVING THE LAGUNA GRANDE REGIONAL

PARK TRAIL AND VEGETATION MAINTENANCE STRATEGY PROJECT

MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING

AND REPORTING PROGRAM, AND ADOPT THE LAGUNA GRANDE

REGIONAL PARK TRAIL MAINTENANCE STRATEGY
ACTION: Adopted Reso #23-103
J. ADOPT THE RESOLUTION MODIFYING THE CLASSIFICATION PLAN AND

POSITION ALLOCATION LIST TO ADD ONE RECREATION

SUPERINTENDENT, ONE PUBLIC WORKS SENIOR SERVICES

MANAGER/CITY ENGINEER AND DELETE ONE RECREATION

SUPERVISOR
ACTION: Adopted Reso #23-104
K. ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
EXECUTE RIGHT OF ENTRY TO MONTEREY 1 WATER (M1W) FOR THE

EXPANDED PURE WATER MONTEREY GROUNDWATER

REPLENISHMENT PROJECT
Public Comment: Peter Kaiser, Alvin Edwards
On motion by Council Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution to authorize the City Manager to execute Right of Entry to Monterey 1 Water (M1W) for the expanded Pure Water Monterey Groundwater Replenishment Project.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
Packet Page 10
Thursday, June 15, 2023 City Council REGULAR Meeting Page 5 NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #23-105
L. ADOPT A RESOLUTION AUTHORIZING A BUDGET TRANSFER OF
$65,000.00 OF NEIGHBORHOOD IMPROVEMENT COMMISSION (NIC)

FUNDS TO THE FERNANDO PARK IMPROVEMENT PROJECT
ACTION: Adopted Reso #23-106
M. APPROVE AND DECLARE A VACANCY ON THE ART & HISTORY

COMMISSION
ACTION: Approved and Declared

9. PUBLIC HEARING
A. ADOPT AN ORDINANCE AMENDING SEASIDE MUNICIPAL CODE
CHAPTER 12.04 STREET EXCAVATIONS AND ESTABLISHING A

MORATORIUM AGAINST CUTS ON RECENTLY RESURFACED STREETS

WITHIN THREE TO FIVE YEARS (SECOND READING - ROLL CALL VOTE) Public Works Director/Engineer Nisha Patel provided the presentation and responded to questions from the Council. There were no comments from the public.

On motion by Council Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to adopt an ordinance amending Chapter 12.04 Street Excavations of the Seaside Municipal Code updating inconsistencies with current organizational best practices for permitting, associated fees, resurfacing specifications, and liability insurance and establishing Sections 12.04.100, 12.04.110, 12.04.120 relating to a moratorium against cuts on newly improved streets, moratorium permit requirements, and moratorium restoration requirements.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Adopted Ord #2025

10. BUSINESS ITEMS
Packet Page 11
Thursday, June 15, 2023 City Council REGULAR Meeting Page 6 A. RECIEVE PRESENTATION AND DISCUSS THE MONTEREY ONE WATER

WASTEWATER SERVICE CHARGES (MIKE MCCULLOUGH, DIRECTOR OF

EXTERNAL AFFAIRS)
Mr. McCullough provided the presentation and responded to questions from the Council.

Public Comment: Alvin Edwards, Karla Lobo, Miriam Smith Recess: 7:36 p.m. – 7:59 p.m.

B. ADOPT A RESOLUTION APPROVING THE FISCAL YEAR 2023-2024

GENERAL AND OTHER FUNDS OPERATING BUDGET, CAPITAL OUTLAY

BUDGET, CAPITAL IMPROVEMENT BUDGET, FEE SCHEDULE,

INVESTMENT POLICY, POSITION CONTROL LIST, SALARY SCHEDULE,

THE APPROPRIATIONS LIMIT, THE CAPITAL IMPROVEMENT PLAN, AND

SET RESERVE AMOUNTS
Finance Director Victor Damiani provided the presentation and, along with Public Works Director/Engineer Nisha Patel, responded to questions from the Council.

Public Comment: Juan Sanchez, Sydney Johnson, Michelle Overmeyer, Julia Ramirez, Catherine Crockett, Robert Daniels, Miriam Smith, Carla, Lupe Hera On motion by Council Member Miller and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving the Fiscal Year 2023-2024 budget, and add $80,000 grant to Palenke Arts, and to discuss curb fees at a later date.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Adopted Reso #23-107

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
None.

B. FOLLOW UP ON PREVIOUS REQUESTS
None.

12. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS

AND REPORTS ON COMMITTEE ASSIGNMENTS
Packet Page 12
Thursday, June 15, 2023 City Council REGULAR Meeting Page 7 Reports provided.

13. CLOSED SESSION
City Attorney Damon read the closed session items and did not anticipate a read out.

There were no comments from the public on closed session items.

A. CONFERENCE WITH REAL PROPERTY NEGOGIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to as Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al.

Negotiating Parties: Danny Bakewell Jr., et. al. and City of Seaside Under Negotiation: Purchase and Sale Agreement Terms
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9- POTENTIAL LITIGATION (2 MATTERS)
Potential Litigation (2 Matters)
Upon return from closed session, City Attorney Damon did not have any announcements to report.

14. ADJOURNMENT
With no further business, the meeting adjourned at 11:15 p.m. in the memory and honor of Ewalker James, Elwood C. Williams, Harry Don Williams, Sr., and Gordon Donn Smith.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: July 6, 2023
SUBJECT: APPROVE AND FILE CITY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of December 17, 2022 through January 27, 2023, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending December 29, 2022 and January 20, 2023. Total Accounts Payable and Payroll for the above referenced period is $6,091,505.12.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting, the Council is provided a listing of the payroll and general checks issued since the last report so that the checks can be inspected and confirmed. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoices have been reviewed by the Finance Department prior to payment to ensure that they conform to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000.00 are as follows:
• $95,350.68 to 101 Builders, Inc. for Prof. services for upgrades to the Fire Station through October 31, 2022.
• $18,557.21 to Allstar Fire Equipment for Fire Department equipment: (4) fans and batteries.
• $20,533.80 to Assured Aggregates Company, Inc. for Purchase of construction Packet Page 14

Item No. 8.B. Page 2 of 4
materials for Blue Line Rd located at General Jim Moore Blvd & San Pablo Ave. • $10,683.40 to Backflow Prevention Specialists, Inc. for Prof. services for recycled water cross connection evaluation for the period of October 2022. • $203,956.57 to California-American Water for Purchase of emergency water when Seaside Municipal Water System went out for the periods of 6/23/21- 6/24/21 & 7/1/22-8/6/22.
• $23,773.69 to California-American Water for Water consumption for multiple City of Seaside service addresses. Billing period of 11/29/2022. Service addresses include city buildings, parks, fire hydrants, irrigation stations, and city affordable housing.
• $14,820.44 to California-American Water for Water consumption for multiple City of Seaside service addresses. Billing period of 12/27/2022. Service addresses include city buildings, parks, fire hydrants, irrigation stations, and city affordable housing.
• $13,280.67 to Disaster Kleenup Specialists for Encampment clean-up services for the periods of June & August 2022.
• $11,475.00 to Perry & Freeman for Professional legal services for the periods of 6/6/22-11/30/22.
• $17,093.00 to Montgomery & Assoc. Water Resource Consultants for Prof. services for Seaside Basin Watermaster Study for the periods of November & December 2022.
• $279,000.00 to Global Modular, Inc. for Construction of new City Hall staff trailer. • $264,512.00 to Granite Rock Company for Purchase of construction materials for the Pavement Rehab Project through November 30, 2022.
• $25,722.21 to Hinderliter, de Llamas & Associates for Prof. contract/audit services for the period of Quarter 1-2022.
• $66,004.45 to Kimley-Horn and Associates, Inc. for Prof. services for Intersection Control Evaluation Study through November 30, 2022.
• $11,000.00 to La Neta Murals for Payment #1 for the design and installation of the approved mural outside the Fire Station.
• $50,331.00 to Monterey Co. Convention & Visitor's Bureau for Jurisdiction Improvement Investment for FY2022-23 Quarters 2 & 3.
• $15,833.07 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of November 2022 for the 13 Seaside motels/hotels.
• $30,516.04 to Monterey Co. Sheriff-Coroner for Criminal Justice Information System for the quarter ending 12/31/2022.
• $19,680.10 to Monterey One Water for SCSD prof. services for Lift Station Maintenance during July-September 2022.
• $179,712.10 to Monterey Peninsula Engineering for Prof. services for Ellis Park Improvement project through November 2022.
• $167,079.35 to Monterey Peninsula Engineering for Prof. services for Ellis Park Improvement project through December 2022.
• $62,427.41 to Pacific Gas & Electric Co. for Collective accts for street lights, Packet Page 15

Item No. 8.B. Page 3 of 4
highway lighting, park lights and city office buildings. Service period ending 12/29/2022.
• $29,020.75 to Raimi & Associates, Inc. for Services for the Seaside General Plan during September & November 2022.
• $17,666.00 to State Water Resources Control Board for Annual permit fee for the period 7/1/2022-6/30/2023.
• $15,596.56 to Sturdy Oil Company for 1,692 gallons of regular gas (ethanol) and 696 gallons of clear diesel delivered to the public works department on 12/21/22; 1,300 gallons of regular gas (ethanol) and 504 gallons of clear diesel delivered to the public works department on 12/28/22.
• $18,264.16 to The Sohagi Law Group for Professional legal services for Petrovich Development & KB Bakewell Venture for the period of November 2022. • $43,888.84 to U.S. Bank-Calcard for City of Seaside purchase card transactions for the billing period of November 2022.
• $26,503.72 to Vista Environmental Consulting, Inc. for Campus Town Hazardous Materials for the period of 7/1/22-9/15/22.
• $32,952.98 to Wallace Group for September 2022 services for Fire Station Upgrades; Septmeber 2022 services for Ellis Park Improvements; November 2022 Services for Campus Town Water Augmentation Study; November 2022 services for On-Call Water Strategy.
• $13,198.79 to Whitson Engineers for November 2022 services for City Hall, Library & Police Deparment parking lot improvement; October 2022 services for Ellis Park Improvements; November 2022 services for Del Monte Manor LID Project.

The Net Payroll and Payroll benefits total was $3,046,461.49.

The remaining checks, totaling $1,246,609.64, include payments to vendors for operating expenditures.

The check report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Packet Page 16

Item No. 8.B. Page 4 of 4
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 17

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: July 6, 2023
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of December 17, 2022 through January 27, 2023, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending December 29, 2022 and January 20, 2023. Total Accounts Payable and Payroll for the above referenced period is $30,929.39.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting the Council is provided a listing of the payroll and general checks issued since the last report so that it can inspect and confirm these checks. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoice has been reviewed by the Finance Department prior to payment to ensure that it conforms to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced, and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000 are as follows:
• $30,209.73 to U.S. Bank St. Paul for Debt service payment for the Successor Agency to the Redevelopment Agency of the City of Seaside 2014 Tax Allocation Bond.

The Checks report is available on the City's website here:

Packet Page 18

Item No. 8.C. Page 2 of 2
https://www.ci.seaside.ca.us/194/Check-Draft-Register

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None

Packet Page 19

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: July 6, 2023
SUBJECT: APPROVE PROCLAMATION RECOGNIZING JULY AS BEBE

MOORE CAMPBELL NATIONAL MINORITY MENTAL HEALTH

AWARENESS MONTH

RECOMMENDATION
Approve proclamation recognizing July 2023, as National Minority Mental Health Awareness Month in the City of Seaside.

BACKGROUND
In May of 2008, the US House of Representatives announced July as Bebe Moore Campbell National Minority Mental Health Awareness Month. The goal of the resolution, sponsored by Rep. Albert Wynn and co-sponsored by a large bipartisan group were to:

1. Improve access to mental health treatment and services and promote public awareness of mental illness, and;

2. Name a month as the Bebe Moore Campbell National Minority Mental Health Awareness Month to enhance public awareness of mental illness and mental illness among minorities.

The City of Seaside advocates destigmatizing mental illness, especially in communities of color, by adopting this resolution and declaring July as Bebe Moore Campbell Minority Mental Health Awareness month in the City of Seaside.

FISCAL IMPACT
None.

ATTACHMENTS
Packet Page 20

Item No. 8.D. Page 2 of 2

1. Proclamation
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 21

City of Seaside

PROCLAMATION
Bebe Moore Campbell
National Minority Mental Health Awareness Month
July 2023
WHEREAS, the United States House of Representatives on May 21, 2008, and the United States Senate on June 2, 2008, adopted a resolution declaring the month of July as “Bebe Moore Campbell National Minority Mental Health Awareness Month”; and
WHEREAS, both Houses of Congress saw the need to name this month after the late Bebe Moore Campbell, a renowned African American author and founder of the Greater Los Angeles chapter of the National Alliance for the Mentally Ill (NAMI); and
WHEREAS, Every July, the National Alliance on Mental Illness (NAMI) leads the nation’s observance of the Bebe Moore Campbell National Minority Mental Health Awareness Month. The 2023 theme is “Culture, Community & Connection”, “culture, community, and connection are pillars that support and uplift Black, Indigenous, and people of color (BIPOC), individuals in the face of oppression and systemic racism.”; and
WHEREAS, Bebe Moore Campbell spent countless hours and days meeting with Representatives and Senators to highlight the need for a special month to highlight the issue of disparities in mental health treatment for African Americans and other people of color that often led to misdiagnosing and culturally incompetent treatment of members of Black Indigenous, People of Color (BIPOC) communities; and WHEREAS, Bebe Moore Campbell, in the founding of the Greater Los Angeles Chapter of NAMI, utilized that chapter to further educate the public at large and BIPOC communities specifically about the realities of mental illness in those communities, the importance of mental health treatment and care and reduce the stigma and cultural distrust of any government services that often deterred these communities from seeking such treatment; and
WHEREAS, The Village Project, Inc., a City of Seaside-based organization, continues to be a lead organization in the California Reducing Disparities Project (CRDP), helping to bring about State-recognized Culturally/Community Defined Evidence Practices (CDEP’s) as a means of providing effective culturally-and identity-informed services for members of BIPOC and LGBTQ+ communities; and WHEREAS, the month of July, especially, but for all months, generally, should serve to highlight the ongoing need for system change which will necessarily involve the recruitment, development and retention of many more mental health practitioners and programs from the BIPOC and LGBTQ+ communities to carry out this still much needed work in these historically unserved, underserved and inappropriately served communities.

NOW THEREFORE, I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, California, on behalf of the City Council do hereby proclaim July 2023 as Bebe Moore Campbell National Minority Mental Health Awareness Month in the City of Seaside. Ca.

______________________
Ian N. Oglesby, Mayor
July 6, 2023
Packet Page 22

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: July 6, 2023
SUBJECT: APPROVE PROCLAMATION RECOGNIZING JULY 28, 2023,

NATIONAL BUFFALO SOLDIERS DAY

RECOMMENDATION
Approve a proclamation recognizing July 28, 2023, as National Buffalo Soldiers Day in the City of Seaside.

BACKGROUND
Buffalo Soldiers Day commemorates the formation of the first Army regiment, comprised of African American soldiers. July 28, was designated as Buffalo Soldiers Day by Congress in 1992 to honor the courageous and well-disciplined soldiers for their example under the exceptional leadership of Colonel Charles Young.

The regiments played a major role in developing the western part of the nation. They traversed the frontier monitoring Native American populations, building roads, and protecting settlers, all while contending with challenging terrain, inadequate supplies and discrimination. These soldiers, known for their fierce bravery and fighting spirit, were dubbed "Buffalo Soldiers" by Native Americans during the American Indian Wars.

The City of Seaside seeks to honor the Buffalo Soldiers' achievements in the face of adversity, which changed military philosophy and laid a foundation for minorities to work toward their own American dream.

FISCAL IMPACT
None.

ATTACHMENTS
Packet Page 23

Item No. 8.E. Page 2 of 2

1. Proclamation
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 24
City of Seaside

PROCLAMATION
National Buffalo Soldiers Day
WHEREAS, July 28
th
, is National Buffalo Soldiers Day, the holiday celebrating the contributions of some of the earliest African-American troops in the United States military, and WHEREAS, On July 28, 1866, recognizing the contributions of the more than 180,000 AfricanAmericans who fought to preserve the Union during the Civil War, the United States Congress established six regular Army Cavalry and infantry regiments of African-American enlisted soldiers; and WHEREAS, Organized at Grenville, Louisiana, and at Fort Leavenworth, Kansas, respectively, the 9th and 10th Cavalry regiments played key roles in the development of the western United States.

In addition to protecting settlers as they crossed the frontier via wagon trains and railroads, these skilled horsemen and soldiers assisted in the construction of roads and forts, in the pursuit of cattle thieves and other outlaws; and
WHERES, The origin of the term “Buffalo Soldiers” has a unique history that is much debated.

Various sources say the name originated with Cheyenne Native American warriors, during a battle in 1867 near Fort Hays, Kansas, Cheyenne warriors remarked that the African-American soldiers fought as fiercely and with much strength as buffaloes, while others say the name originated with the Comanche tribe. The Apache used the term because the soldiers had curly hair like bison. Yet another source recalls the Plain Indians using “Buffalo Soldiers” due to the coats they wore during the winter, since the “tribes” held the buffalo in high regard, the members of the 9th and 10th Cavalries proudly adopted the name "Buffalo Soldiers" as a badge of honor; and
WHEREAS, Members of the 9th and 10th Cavalry regiments also served in Virginia, Vermont, and New York, and answered the call to duty in places as far-flung as Cuba, Mexico, and the Philippines. They served alongside Theodore Roosevelt and his legendary Rough Riders at San Juan Hill, and they continued to prove their courage and mettle through two world wars and the conflict in Korea, the regiments eventually became two of the most highly decorated units in American military history; and
WHEREAS, July, 1902 the U.S. Army announced it would be building military quarters in Monterey, Monterey was eager to host, support and supply the Army, hoping it would help provide an economic boost and opportunity for its near 2,000 residents, November 10, 1902 the 1 st
Squadron of
the 9
th
Cavalry arrived, these 425 men were among the first African-Americans soldiers to be stationed in California, their encampment was in the hay fields near China Point in Pacific Grove an area now called Stanford University’s Hopkins Marine Station, and WHERAS, Private George Jonson (from Alabama), 9
th
Cavalry was the first person buried in the
cemetery at the Presidio of Monterey in 1904. Private Johnson’s burial caused the Presidio of Monterey to be the first integrated cemetery in the military, two of the easiest Buffalo Soldiers stationed at the Presidio of Monterey where Henry H. Smith and Louis Smith brothers of the late Wellington Smith, Sr., former Pastor of the First Baptist Church of Pacific Grove and founding member of the Monterey NAACP; and
WHEREAS, By the time of their integration in 1952, the Buffalo Soldiers had earned well over a dozen Congressional Medals of Honor, as well as numerous campaign and unit citations, we celebrate the great legacy of the Buffalo and acknowledge their special place of honor in the history of the United States; and
NOW THEREFORE, that I, Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim July 28, 2023, as Buffalo Soldiers Day. I urge all residents to observe this day with appropriate programs and activities.
_________________________
Ian N. Oglesby, Mayor
July 6, 2023
Packet Page 25

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: July 6, 2023
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM PAJARO VALLEY OHLONE COUNCIL FOR THEIR "RED DRESS DAY - HONORING
INDIGENOUS WOMEN" EVENT ON MAY 04, 2024

RECOMMENDATION
Approve the fee waiver request from Pajaro Valley Ohlone Indian Council for the use of Laguna Grande Hall on May 03, 2024, to set-up and Laguna Grande Combo and Seaside Room on May 04, 2024 to hold their event "Red Dress Day - Honoring Indigenous Women" in the amount of $1,041.00, the Organization to provide the City with the insurance of $122.00 and the non-refundable portion of the deposit of $98.25.

BACKGROUND
Pajaro Valley Ohlone Indian Council is requesting a fee waiver to help cover the cost associated with the event set-up on May 03, 2024, from 4:00 p.m. to 9:00 p.m. in the Laguna Grande Hall and their event "Red Dress Day - Honoring Indigenous Women" on Saturday, May 04, 2024, from 7:00 a.m. to 6:00 p.m. in the Laguna Grande Hall and Seaside Room at the Oldemeyer Center. They are a new group of closely affiliated professionals from the fields of public service, education, social services, and the arts.

Their mission is to "indigenize" Monterey County in the form of creating and producing several indigenous-focused events each year to represent our group leaders' areas of interest and expertise. Even though this organization is not based in Seaside, it does have a strong showing of Seaside residents who will benefit from this event in the City.

This is the second request for a Fee Waiver, for the Red Dress Day event, with the first one being approved in January of 2023. The City also co-sponsored last year's event.

Staff recommends that the fees be waived for the rental cost of the facility and that the organization pay the insurance of $122.00 and the non-refundable portion of the deposit of $98.25 to go towards the building maintenance fund.

Packet Page 26

Item No. 8.F. Page 2 of 2

FISCAL IMPACT
The approximate fees which are applicable to this request are:

Laguna Grande Hall Fee on 05/03/23 5 Hours @ $56.25
per hour
$ 281.25
Laguna Grande Combo Fee on 05/04/23 11 Hours @ $56.25
per hour
$ 618.75
Room Rental Fee - Seaside Room $ 141.00
Non-Refundable Portion Deposit $ 98.25
Insurance $ 122.00
TOTAL $1,261.25
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the insurance and the non-refundable deposit, the fiscal impact is $1,041.00 out of account 100.3672.

ATTACHMENTS

1. Pajaro Valley Ohlone Council Fee Wavier 2024

2. 501(c)(3) - Pajaro Valley Ohlone Council
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: July 6, 2023
SUBJECT: APPROVE A FEE WAIVER FROM CALIFORNIA STATE

UNIVERSITY MONTEREY BAY'S DEPARTMENT OF SOCIAL

WORK FOR THE USE OF THE LAGUNA GRANDE HALL AND

KITCHEN FOR THEIR MASTER OF SOCIAL WORK, NEW
STUDENT ORIENTATION ON AUGUST 21, 2023

RECOMMENDATION
Approve a fee waiver request from California State University Monterey Bay's Department of Social Work for the use of Laguna Granda Hall and kitchen to hold their MSW New Student Orientation in the amount of $506.25, the Organization to provide the City with the non-refundable portion of the deposit of $98.25.

BACKGROUND
California State University Monterey Bay (CSUMB) Department of Social Work is requesting a fee waiver to help cover the costs associated with their Masters of Social Work (MSW) New Student Orientation on Monday, August 21, 2023, from 9:00 a.m. to 4:30 p.m. in the Laguna Grande Hall at the Oldemeyer Center. Their New Student Orientation is to introduce their students to the local area and residents.

Staff recommends that the fees be waived for the rental cost of the facility and that the organization pay only the non-refundable portion of the deposit of $98.25 to go towards the building maintenance fund.

FISCAL IMPACT
Should the City Council approve the request for full fee waivers for the event, the approximate fiscal impact is as follows:

Packet Page 39

Item No. 8.G. Page 2 of 2
Laguna Grande Hall & Kitchen Fee 9 Hours @ $56.25 $506.25 Non-Refundable Deposit $ 98.25
TOTAL $604.50
Should the City Council approve staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $506.25.

ATTACHMENTS

1. CSUMB - Department of Social Work Fee Waiver & Rental Form - New Student Orientation 2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Melissa Broadston, ESCA Program Manager
DATE: July 6, 2023
SUBJECT: APPROVE ENVIRONMENTAL SERVICES COOPERATIVE

AGREEMENT (ESCA) QUARTERLY REPORT

RECOMMENDATION
Approve the report as presented in the agenda packet.

BACKGROUND

BACKGROUND
The Fort Ord Reuse Authority (FORA) officially closed all operations on June 30, 2020.

Prior to sunset, the City of Seaside and FORA entered into a Memorandum of Agreement nominating Seaside as FORA’s Environmental Services Cooperative Agreement (ESCA) Successor-In-Interest (Successor). Seaside is now responsible for performing the remaining Long-Term Obligations (LTO) management responsibilities related to U.S. Army (Army) Munitions and Explosives of Concern (MEC) on ESCA property until June 30, 2028. A summary of the ESCA remediation program to date is provided below. A quarterly report is required to be prepared and submitted to the Army after review and acceptance by the City Council.

FORA ESCA Remediation Program Background:

In 2007, the Army and FORA entered into an agreement for Army-funded ESCA for the removal of remnant MEC on 3,340 acres of the former Fort Ord. Under the ESCA terms, the Army awarded FORA approximately $98 million to perform Comprehensive Environmental Response Compensation and Liability Act (CERCLA) MEC cleanup on those parcels. FORA also entered into the Administrative Order on Consent (AOC) with the United States Environmental Protection Agency (EPA) and California Department of Toxic Substance Control (DTSC) (collectively referred to as regulatory agencies) defining FORA’s contractual conditions to complete the Army remediation obligations for the “ESCA parcels.” FORA received ESCA property ownership after EPA approval and Packet Page 50

Item No. 8.H. Page 2 of 4
gubernatorial concurrence under a Finding of Suitability for Early Transfer in 2009.

The ESCA properties received Records of Decision (ROD) documenting controls required to protect public health and safety and Land Use Control Implementation Plan (LUCIP) / Operation and Maintenance Plan (OMP) implementation, operation and maintenance ROD controls tailored to individual site conditions and historic MEC use. The final ESCA LUCIP/OMP documents were accepted by the Army and Regulators in February 2019.

These ESCA properties received the last EPA Remedial Action Completion letter in February 2019. The EPA issued a site-wide ESCA remedial completion certificate in April 2020.

Remedial Action Completion initiated the Army's long-term obligations on ESCA properties. To complete the ESCA and the AOC obligations, the Successor, Seaside, is required to complete a truncated series of tasks until the expiration in 2028 to include site investigation and monitoring, ensuring compliance with the land use controls for ESCA parcels by land holding jurisdictions, mitigation, monitoring, reporting for any potential or found munitions and explosives of concern, and public information and outreach regarding land use. Should any instances of MEC occur, the contractors of Arcadis, Inc., Weston Solutions, Inc. and Westcliffe Engineers, Inc. will assist with providing LTO support services.

ESCA QUARTERLY UPDATE
Jurisdiction Coordination
ESCA property could not be transferred to the jurisdictions until Army deed modifications and issuance of the Army CERCLA Warranties/Deed Amendments were completed. The ESCA property Army CERCLA Warranty and Deed modification documents were signed by FORA at Army Headquarters in Washington, D.C. and Recorded in Monterey County on June 26, 2020. The receiving jurisdictions signed and recorded these deeds and have final ownership of their ESCA properties. During a file audit, staff discovered that the ESCA properties were still showing FORA as the owner.

Corrections are in progress. Seaside is currently working with the City of Del Rey Oaks to complete the transfer of parcel E29a.1. Seaside is also working with the Army on the Army’s transfer of two Economic Development Conveyance parcels to Monterey Salinas Transit (Parcels L2.3 and L2.4.1). Coordination with the recorder/assessor’s office and jurisdictions continues for corrections in the Geographic Information System data.

Significant progress has been made to complete the Quit Claim Deeds that will convey the Comprehensive Environmental Response, Compensation and Liability Act warranties (not related to munitions) for several parcels transferred under the Finding of Suitability for Early Transfer, number 5. ESCA assisted with the execution of the CERCLA warranty for Parcel E4.7.2 which was recorded on May 31, 2023. Additionally, the CERCLA warranty for Parcels E4.3.2.2, E4.7.1, E5a.1, and L5.10.1 is very close to completion.

ESCA staff continues to host LTO Management, and Property, Planning, Police, and Property Manager Meetings with all land holding jurisdictions, as well as the EPA and Packet Page 51

Item No. 8.H. Page 3 of 4
DTSC, to discuss and review projects, or other activities as outlined by the LUCIPs related to their properties.

ESCA continued coordination to replace the Pollution Legal Liability insurance policy that will expire December 31, 2024.

ESCA is working with Monterey County for a smooth completion of data collection and subsequent development of the 22-23 Annual Land Use Control Report. It should be noted that DTSC had no comments on the 21-22 Annual Land Use Control Report. As noted above, ESCA continues to work closely with Monterey County’s Geographic Information Staff (GIS) to ensure that data corrections are made prior to the next (December 1, 2023) Land Use Control report submission. On April 19, ESCA met with Army and County officials to discuss corrections to the Assessor’s GIS data. This review and correction work is underway. ESCA provided jurisdictions with GIS data that they can download to their phone to better assist with onsite parcel and land use control verification. This assistance continues to be offered as new staff members on-board.

ESCA assisted with the review and coordination of the Veterans Cemetery Appreciation Wall Construction Support Plan which was finalized in May. ESCA notifications for the Seaside storm water infiltration system installation/repair project are still in progress.

Based on the history of the former Fort Ord as an Army base, munitions may be encountered during reuse of the property. ESCA outreach specific to the munitions safety awareness class at FortOrdSafety.com serves as an important resource to remind community members who might discover suspicious objects to follow the 3Rs of explosives safety – Recognize, Retreat, and Report. ESCA is responsible for the maintenance and participant tracking for the English and Spanish version of the free online training class at Fort Ord Safety.com. The training at FortOrdSafety.com supplements and compliments the Army’s on-site munitions safety training program as an important community asset for the use of the lands of the former Fort Ord.

Participation for this training remains robust. ESCA also provided “refresher” training to key staff at California State University Monterey Bay and was present during their Resource and Involvement Fair to provide outreach materials.

The ESCA team continues to conduct weekly patrols of Seaside’s ESCA properties and bi-weekly patrols of other ESCA properties. ESCA patrols also included debris removal.

With the recent atmospheric rain events, additional patrols were conducted to assess erosion and fence integrity.

ESCA provided program updates at the Army’s BRAC Cleanup Team meeting dedicated to munitions on May 12, 2023. ESCA also participated in outreach events related to new student orientation at California State University Monterey Bay on June 22 and June 26, 2023. ESCA is scheduled to participate in the Army’s outreach activities including updates at the July 14, 2023, Army BRAC Cleanup Team meeting for munitions Packet Page 52

Item No. 8.H. Page 4 of 4
response. ESCA will also participate in the Army’s July 15, 2023, 2023, Community Involvement Workshop, and July 18, 2023, Technical Review Committee meeting.

NEXT QUARTER GOALS
During the next quarter, the ESCA Program will be focusing on the following tasks. • ESCA “refresher” training will be provided to the remaining jurisdictions: Del Rey Oaks and California State University Monterey Bay.
• Continue coordination supporting completion of property transfers. • ESCA will also continue coordination with jurisdictions and extensive public outreach on the Munitions Recognition and Safety Training which is available at FortOrdSafety.com.
• ESCA will continue coordination of tasks related to the Pollution Legal Liability insurance.
• ESCA will continue weekly inspection and monitoring of activities on ESCA lands. • ESCA will continue follow-up of incidents of concern. • ESCA will continue assistance and coordination with munitions documentation such as after action reports, Construction Support Plans, and notifications for projects located on ESCA properties with soil disturbances of less than 10 cubic yards with a low probability of encountering munitions.
• Assist other jurisdictions with questions related to ESCA land use controls. • Initiate a “read your deeds” campaign with the other jurisdictions to ensure that the information and parcel boundaries are correctly reflected in the County’s GIS databases.

FISCAL IMPACT
None. The actual cost to Seaside of these Army obligations will be fully reimbursed.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 53

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: July 6, 2023
SUBJECT: APPROVE APPOINTMENTS TO THE ENVIRONMENTAL

COMMISSION, COMMUNITY SAFETY ADVISORY COMMISSION

AND THE COMMISSION ON JOBS, OPPORTUNITIES, AND

BUSINESSES IN SEASIDE

RECOMMENDATION
Accept the appointments to Commissions as recommended by the Mayor.

BACKGROUND
The Mayor appoints members to the City's Boards, Commissions and Committees, which serve as advisory boards to the City Council. The purpose of the advisory boards is to supplement the City Council's skills and abilities to help guide the organization toward its mission. They also serve as an important link between the City Council and the Community by providing direct involvement in policy-making and communication of vital information.

The Mayor makes appointments to these advisory boards, while the City Manager designates Department Heads or other staff members to serve as staff liaisons that regularly attend meetings and provide technical support.

The Mayor has made the following appointments:

APPLICANT ADVISORY BODY
Parvaneh Keivanfar Environmental Commission
Kalyn Foliaki Community Safety Advisory Commission
Gerald Daniel Commission on Jobs, Opportunities & Business in Seaside

FISCAL IMPACT
None.

Packet Page 54

Item No. 8.I. Page 2 of 2

ATTACHMENTS

1. Appointee Application - Parvaneh Keivanfar

2. Appointee Application - Kalyn Foliaki

3. Appointee Application - Gerald Daniel
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 55
Dominique Davis - Online Form Submittal: Application for Appointment to a City Board/Commission/Committee
From: <[email protected]>
To: <[email protected]>
Date: 6/7/2023 8:48 PM
Subject: Online Form Submittal: Application for Appointment to a City Board/Commission/Committee Application for Appointment to a City
Board/Commission/Committee
I'd like to serve on: Homeless Commission, Environmental Commission Name Parvaneh Keivanfar
Email Address [email protected]
Address 611 Malmedy Rd
City Seaside
State CA
Zip Code 93955
Phone Number 5304023640
Alternate Phone Number Field not completed.

Please list your background,
education, experience, and
special skills:

I have worked as an activist for environment and social issues.

Besides writing blogs, I volunteer to protect environment. I am an official California State Park volunteer and a guardian of endangered species in California. I have a passion for
environmental issues. I also volunteer at Text Line Crisis to help people who struggle emotionally. I am also passionate to solve social problems like homelessness. I would like to dedicate my time to serve on homeless commission to solve local issues.

I studied management for my Bachelor's and applied linguistics for my Master's. Right now I work at Defense Language
Institute.

Are you willing to file
Statements of Economic
Interest (Form 700)?
No
Are you able to attend
meetings during business
Yes

file:///E:/TEMP/XPGrpWise/6480ED0FCOSIS_PO100134373611EEF41/GW_00004.HTM 6/13/2023 Packet Page 56 hours? (Most Boards and
Commissions meet after 5
pm)
Comments: Field not completed.

Electronic Signature
Agreement
I agree.

Electronic Signature Keivanfar
Date 6/7/2023
Dear Applicant: As an employer with an Affirmative Action Program, we comply with Federal and State government record keeping, reports and other legal requirements. The completion of this data is voluntary and in no way affects your application to participate on any City Board, Commission or Committee. All data is kept in a separate confidential file by the Affirmative Action Office.

Name Parvaneh Keivanfar
Ethnic Origin
Email not displaying correctly? View it in your browser.

file:///E:/TEMP/XPGrpWise/6480ED0FCOSIS_PO100134373611EEF41/GW_00004.HTM 6/13/2023 Packet Page 57 Dominique Davis - Online Form Submittal: Application for Appointment to a City Board/Commission/Committee
From: <[email protected]>
To: <[email protected]>
Date: 6/7/2023 4:39 PM
Subject: Online Form Submittal: Application for Appointment to a City Board/Commission/Committee Application for Appointment to a City
Board/Commission/Committee
I'd like to serve on: Community Safety Advisory Committee Name Kalyn Foliaki
Email Address [email protected]
Address 1031 Sonoma Avenue
City Seaside
State CA
Zip Code 93955
Phone Number 8317606037
Alternate Phone Number 831760-0301
Please list your background,
education, experience, and
special skills:

My name is Kalyn Foliaki. I am 22 years of age and a proud resident of our beautiful Seaside. My family has lived in Seaside for almost 50 years. I attended San Carlos School for both elementary and middle school. Then, I moved on to
attend/graduate from Notre Dame High School. I recently transferred from MPC to ASU Online (through my Starbucks benefit) where I am working towards earning a Bachelor’s degree in Criminal Justice with a minor in Business
Administration. My goal is to work in law enforcement. I am involved in numerous organizations and institutions within Seaside and our peninsula. I served on this year’s Monterey County Civil Grand Jury (22-23) and will be serving again, in the capacity of an alternate, for 2023-2024. In fact, we will once again be sworn in next week at Salinas Superior Court. All in all, I am a dedicated and passionate individual, looking to serve my community/city even more.

Yes

file:///E:/TEMP/XPGrpWise/6480B2C0COSIS_PO100134373611EEBF1/GW_00004.HTM 6/7/2023 Packet Page 58 Are you willing to file
Statements of Economic
Interest (Form 700)?
Are you able to attend
meetings during business
hours? (Most Boards and
Commissions meet after 5
pm)
Yes
Comments: Field not completed.

Electronic Signature
Agreement
I agree.

Electronic Signature Kalyn Foliaki
Date 6/7/2023
Dear Applicant: As an employer with an Affirmative Action Program, we comply with Federal and State government record keeping, reports and other legal requirements. The completion of this data is voluntary and in no way affects your application to participate on any City Board, Commission or Committee. All data is kept in a separate confidential file by the Affirmative Action Office.

Name Kalyn Foliaki
Ethnic Origin
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file:///E:/TEMP/XPGrpWise/6480B2C0COSIS_PO100134373611EEBF1/GW_00004.HTM 6/7/2023 Packet Page 59 Dominique Davis - Online Form Submittal: Application for Appointment to a City Board/Commission/Committee
From: <[email protected]>
To: <[email protected]>
Date: 6/13/2023 6:13 PM
Subject: Online Form Submittal: Application for Appointment to a City Board/Commission/Committee Application for Appointment to a City
Board/Commission/Committee
I'd like to serve on: Community Development Advisory Committee, Youth Commission
Name Gerald Daniel
Email Address [email protected]
Address 1312 Noche Buena St
City Seaside
State CA
Zip Code 93955
Phone Number 8312202413
Alternate Phone Number 8312202413
Please list your background,
education, experience, and
special skills:

Local Seaside resident since 1982, homeowner and business owner. I have a Bachelor's degree in business from CSUMB - Monterey Bay. I'm a 22-year Army Veteran, local pastor and care about people.

Are you willing to file
Statements of Economic
Interest (Form 700)?
Yes
Are you able to attend
meetings during business
hours? (Most Boards and
Commissions meet after 5
pm)
Yes
Comments: Field not completed.

Electronic Signature
Agreement
I agree.

file:///E:/TEMP/XPGrpWise/6488B1C2COSIS_PO100134373611F2F81/GW_00004.HTM 6/28/2023 Packet Page 60 Electronic Signature Gerald Daniel
Date 6/13/2023
Dear Applicant: As an employer with an Affirmative Action Program, we comply with Federal and State government record keeping, reports and other legal requirements. The completion of this data is voluntary and in no way affects your application to participate on any City Board, Commission or Committee. All data is kept in a separate confidential file by the Affirmative Action Office.

Name Gerald Daniel
Ethnic Origin
Email not displaying correctly? View it in your browser.

file:///E:/TEMP/XPGrpWise/6488B1C2COSIS_PO100134373611F2F81/GW_00004.HTM 6/28/2023 Packet Page 61

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: July 6, 2023
SUBJECT: APPROVE A REQUEST FROM BLACK LEADERS AND ALLIES

COLLABORATIVE FOR SPONSORSHIP IN THE AMOUNT OF
FIFTEEN HUNDRED DOLLARS ($1,500.00), AND USE THE CITY

LOGO ON PROMOTIONAL MATERIALS FOR THE MONTEREY
COUNTY RACE RELATIONS SUMMIT MEETING ON JULY 14,
2023 TO BE HELD AT EMBASSY SUITES HOTEL IN SEASIDE

RECOMMENDATION
Approve the request and make a contribution to the Monterey County Race Relations Summit Meeting in the amount of $1,500.00 and allow the use of the City logo on promotional materials.

BACKGROUND
This report is to review a request from Dirrick Williams, Executive Director of Black Leaders and Allies Collaborative (BLAC), for sponsorship in the amount of fifteen hundred dollars ($1,500.00) and use of the City of Seaside logo on promotional materials for the Monterey County Race Relations Summit Meeting on July 14, 2023 to be held at Embassy Suites Hotel in Seaside.

At its June 15, 2023 meeting, the City Council received a presentation from Dirrick Williams, Executive Director of Black Leaders and Allies Collaborative (BLAAC) regarding its upcoming Monterey County Race Relations Summit Meeting on July 14, 2023 at Embassy Suites Hotel in Seaside.

Mr. Williams' presentation included background information about BLAAC, which is a non-profit organization that works to promote racial equity and social justice in Monterey County.

Packet Page 62

Item No. 8.J. Page 2 of 2
The premise of the Monterey County Race Relations Summit is that it will become an annual event that brings together community leaders, activists, and residents to discuss issues of race and racism. The summit is designed to build understanding and cooperation between different racial and ethnic groups in the community.

As a follow up to the presentation made in June, BLAAC is requesting a sponsorship of fifteen hundred dollars ($1,500.00) from the City of Seaside. This sponsorship would help to cover the cost of the summit, including the cost of speakers, workshops, and materials. In exchange for the sponsorship, BLAAC would agree to use the City of Seaside logo on all promotional materials for the summit.

The City of Seaside has a strong commitment to promoting racial equity and social justice. The Monterey County Race Relations Summit is an event that can help to build a more inclusive and equitable community.

BLAAC has been vetted through the process for a fee waiver and submitted proof of non-profit status and 501 3(c).

FISCAL IMPACT
The amount of fifteen hundred dollars ($1,500.00) is within the City Manager's authority to be funded by the Community Relations account (100-2010-1024).

ATTACHMENTS

1. BLAAC Inquiry Letter

2. BLAAC Fee Waiver Request Form

3. BLAAC IRS Determination Letter
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 63
Post Office Box 833
Seaside CA. 93950
Phone: 831.337.8995
[email protected]
www.blaac.org
Dominique Davis
City Clerk/Public Affairs
440 Harcourt Ave,
Seaside, CA 93955
Ms. Davis, Monday, May 8, 2023
As per your request, the following is the outline for the “Monterey Race Relations Summit Meeting,” scheduled for July 14th, 9am to 5pm, at Embasy Suites, Seaside.

The Race Relations Summit Meeting will bring together, for the first time in our county’s history, under non-crisis environment, will unite influencers, stakeholders, and leadership which will include prominent business, religious, civic, education, and community engagement organizations meet for the advancement of social awareness and equity.

The purpose of the “Race Relations Summit Meeting” is the unification, collaboration, and cross -pollination of leading offices, associations, and organizations of Monterey County as it relates to race relations, policies, and practices.

Our Objectives are:
 Heighten levels of understanding and awareness.
 To broaden network and collaboration opportunities regarding race relations and race related issues.  Inform and educate of available resources.
 Extract information regarding needs and limitations.

Ultimately, our goal is to further humanize the discussion and making of race related policies .

Packet Page 64
Our program will include:
 Keynote speaker Dr. Carol McKibben
 Unification exercises of NCBI.
 Guided discussions led by the DEIA team of “The Monterey Bay Aquarium.”  Land acknowledgement led by county Indigenous communities.  Dedicated time for community engagement organization introductions.  Catered Lunch
 Free Parking
 And public address by City Mayors
Our estimated attendance is 200 people, an actual head count will be provided anywhere from a week to 10 days prior to the event.

Leading the event will be Rev. Dirrick Williams, Executive Director, Black Leaders and Allies Collaborative.

Sponsors of the event include The Community Foundation, The Monterey Bay Aquarium, and Salinas Valley Health (formerly Salinas Valley Health Services).

The event is in collaboration with The Village Project, Inc., Monterey Bay Economic Partnership, League of United Latin American Citizens (LULAC), Juneteenth Coalition, and the Monterey County Civil Rights Office.

At this point our estimated cost is $12,500.00, the point of this letter is to ask for support in the way of endorsement by the City of Seaside. Secondarily a request for financial backing at the sum of $1,500.00 dollars for printing and wifi use at the facility.

Rev. Dirrick Williams
Founder/Executive Director
Black Leaders and Allies Collaborative
Packet Page 65
Tentative List of Requirements
July 14th Facility use = 830 to 500
Program = 10 to 330
Audio Visual Support MP4 Video
PowerPoint
PA System
Riser in front of Stage
Host/ Guest Affiliates Round table seating, 200 persons 20 - 6’ tables for lobby (Actual count TBD)
Registration table
Parking Included
Lunch Menu (200 to 250) Gluten Free / Nut Free / Low Sodium / Alcohol Free Beef Hamburger
Vegetarian Burger (Beyond Burger)
Chicken Breast (As replacement for Beef)
Full suite of condiments
Potato salad
Green salad
Dessert Menu Coffee / Decaf Coffee / Tea/ Water
Cookies / Gelato / Ice Cream
Packet Page 66
Fee Waiver Request Form
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800

CONTACT INFORMATION:

Organization: Black Leaders and Allies Collaborative (BLAAC) Name of Applicant: Dirrick Williams
Address: PO Box 833 City: Seaside State: CA
Phone: 831-337-8995 Email: [email protected]
EVENT INFORMATION:

Event Title: Monterey Race Relations Summit Meeting
Event Description: “…bring together, for the first time in our county’s history, under non-crisis environment, will unite influencers, stakeholders, and leadership which will include prominent business, religious, civic, education, and community engagement organizations meet for the advancement of social awareness and equity.”
Event Date: July 14, 2023 Room(s) Requested: N/A
Time (including set-up): _________ - _________ Approximate Number of Guests: ___200__ ADDITIONAL INFORMATION:

Reason for Requesting Fee Waiver: to ask for support in the way of endorsement by the City of Seaside. Secondarily a request for financial backing at the sum of $1,500.00 dollars for printing and wifi use at the facility.

Have you received a Fee Waiver in the past?  Yes, the event was on ____________  No What is your organization’s tax identification number? 85-4147729 What percentage of your members or participants resides in Seaside? 60% Is your organization based in Seaside?  Yes  No
Is your organization able to provide liability insurance?  Yes  No N/A Will alcohol be served or sold at your event?  Yes  No N/A Applicant Signature: _____________________________ Date: May 8, 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (For Office Use Only)
Fee Waiver Request:  Approved  Denied  Appealed
Security Deposit Required?  Yes  No
DocuSign Envelope ID: C61BD501-3EA1-400B-863A-D1428611D9EE 6/30/2023
Packet Page 67
Fee Waiver Request Form
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800

Staff Signature: ______________________ Date: June 30, 2023 Notes: This request is for a co-sponsorship in the amount of $1,500.00; and a request to use the City’s logo on promotional material related to the event. The application was duly reviewed according to the City’s fee waiver process. This event is free to the public.

DocuSign Envelope ID: C61BD501-3EA1-400B-863A-D1428611D9EE Packet Page 68
Fee Waiver Request Form
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800

POLICY REGARDING ROOM RENTAL FEES AND WAIVERS
Fees may be waived for activities that benefit the majority of Seaside residents. Any new organizations requesting fee waivers are required to submit a letter of intent and complete the Fee Waiver Request form to the Recreation Services Department. The application will be submitted to the City Manager or his designee for review and approval. In the event that the fee waiver request is denied by the City Manager, the request can be appealed to the City Council. Applicants must demonstrate that the following criteria are satisfied:

1. At least 60% of the organization’s membership must consist of Seaside residents. The organization must provide documentation verifying membership residency.

2. The organization must be a 501(C)3 non-profit or public benefit organization and provide taxpayer identification number.

3. The organization must provide an in-kind service/donation to benefit and augment the City of Seaside. A written statement must be submitted with the application outlining specific donations and/or services provided by the organization to the City of Seaside.

FEE WAIVERS FOR MEETING ROOMS

1. Meetings are limited to four hours.

2. All organizations receiving fee waivers must give seven days notice of cancellation. If no notice is given of cancellation, the City reserves the right to deny further fee waiver requests.

3. Due to limited space, organizations may not request fee waivers for any more than one meeting room use per year; fee waivers are not intended to provide for ongoing weekly or monthly meeting use.

4. No faith based organizations may apply for fee waivers due to the separation of church and state.

AUDITORIUM RENTAL FEE WAIVER
Organizations requesting the use of the Auditorium must:

1. Pay the non-refundable portion of the deposit per event.

2. An organization requesting use of the auditorium for a special event or meeting may receive no more than one fee waiver request within a 90-day period.

3. Provide special event liability insurance. The following is required:
a. Provide an “Occurrence Made” liability insurance policy, naming the city as additionally insured, with limits of $1 million per occurrence and $2 million aggregate. A copy of that policy must be provided to the Recreation Services Department.

OR
b. Purchase Special Event Liability insurance through the Recreation Services Department at the time of fee waiver request. This insurance covers not only the city, but also those renting the facility.

4. Fundraising activities of any nature do not qualify for fee waivers.

5. Special events may be required to provide security at renter’s expense. A photocopy of the contract must be on file with the Recreation Services Department. The number of security guards required is determined by the nature of the event and the numbers in attendance. *A City-sanctioned organization is defined as “any community based group or organization that in cooperation with the Recreation Services Department, provides an entertainment, recreation and/educational service benefiting the citizens of Seaside.” **All deposits are placed in the maintenance and janitorial fund designated for the upkeep and repair of the Oldemeyer Center.

DocuSign Envelope ID: C61BD501-3EA1-400B-863A-D1428611D9EE Packet Page 69
Packet Page 70

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: July 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A CONTRACTOR

SERVICES AGREEMENT WITH CALIFORNIA PREMIER

RESTORATION FOR ON-CALL PROPERTY CLEAN-UP SERVICES
FOR AN AMOUNT NOT TO EXCEED $75,000.00 AND TOTAL
PROJECT COST, INCLUDING A 10% CONGINGENCY OF
$82,500.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a contractor services agreement with California Premier Restoration to perform On-Call Property Clean-Up Services for an amount not to exceed $75,000.00 and total project cost, including a 10% contigency of $82,500.00.

BACKGROUND
On May 5, 2023, the City sent out a Request for Proposals for On-Call Property Cleanup Services for a qualified and responsible company or contractor available to provide on-call clean-up services to remove personal property stored on public property, including homeless encampments, alley ways, and other public property as needed.

Staff selected California Premier Restoration for this contract.

A Request for Proposals (RFP) was originally released on February 16, 2023, and proposals were due on March 16, 2023. The City received zero (0) proposals in response to the RFP. The RFP was noticed in the Monterey County Weekly on February 16, 2023 and several consultants were notified directly of the published RFP. On May 5, 2023, the City requested proposals from qualified contractors and California Premier Restoration was selected by staff.

Packet Page 71

Item No. 8.K. Page 2 of 2
California Premier Restoration was selected based on their experience and competitive pricing. Engineering staff negotiated the contract with California Premier Restoration for an amount not to exceed $75,000.00.

Staff recommends the City Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a contractor services agreement (Attachment 2), with California Premier Restoration for the amount not to exceed $75,000.00 to perform On-Call Property Clean-Up Services.

FISCAL IMPACT
The contract with California Premier Restoration is for time and materials for a not to exceed cost of $75,000.00. They will invoice us monthly based on the clean-up work performed in the previous month. This contract was anticipated and included in the FY 2023/2024 budget. A 10% contingency of $7,500.00 will be used on an as needed basis by authorization of the City Manager.

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 72
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AGREEMENT FOR CONTRACTOR SERVICES WITH

CALIFORNIA PREMIER RESTORATION FOR ON-CALL PROPERTY CLEAN-UP SERVICES FOR AN AMOUNT NOT TO EXCEED $75,000.00 AND TOTAL PROJECT COST, INCLUDING A 10% CONTINGENCY OF $82,500.00
WHEREAS, a formal on-call contractor is needed to 1) cleanup homeless encampments, and 2) respond to other cleanup actions as may be requested by the City; and
WHEREAS, on February 16, 2023, staff issued a Request for Proposals (RFP) to solicit proposals from eligible firms to provide on-call property clean up services and no proposals were received on March 16, 2023; and
WHEREAS, on May 5, 2023 staff requested proposals from ten (10) contractors; and WHEREAS, California Premier Restoration (CPR) was selected to perform on-call clean-up services based on their proposal; and
WHEREAS, the On-Call Property Clean-Up Project (Project) was adopted in the fiscal year Fiscal Year 2023/2024 annual budget (100-8430-2073); and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Agreement for Contractor Services with California Premier Restoration to provide On-Call Property Clean-Up services for an amount not to exceed $75,000.00; and
BE IT FURTHER RESOLVED, the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 10% contingency for written amendments up to $7,500.00 and extensions to the Agreement such that the total value does not exceed $82,500.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of July, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Packet Page 73
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: July 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT #3 TO INCREASE THE

PROFESSIONAL SERVICES CONTRACT BY AN AMOUNT NOT TO
EXCEED $100,000.00 WITH KIMLEY-HORN TO PROVIDE

ADDITIONAL CAMPUS TOWN PROJECT MANAGEMENT

SERVICES FOR A CUMULATIVE CONTRACT AMOUNT NOT TO
EXCEED $555,200.00 TO BE REIMBURSED BY DEVELOPER OR

PAID FOR OUT OF THE FORT ORD REUSE AUTHORITY

DEMOLITION BONDS

RECOMMENDATION
Adopt resolution authorizing the City Manager to execute contract amendment #3 increasing the amount of the contract by $100,000 to provide increased services for the Campus Town project.

BACKGROUND
Due to staff changes in the Economic Development and Community Planning Department, the City of Seaside has vacancies in key roles that provide project management and oversight of major functions for the Campus Town Development Project. In order to keep the Campus Town Project and other projects in the City moving forward, the City hired Kimley-Horn to provide project management and other services to the City. Kimley-Horn, in particular, who has a unique combination of skills, knowledge, and abilities that are directly aligned to the needs of the City of Seaside for the Campus Town Development project. All fees and costs presented by this contract do not impact the General Fund, but instead are either reimbursed by the developer of Campus Town or paid for by the FORA demolition bonds.

The City Manager executed an agreement with Kimley-Horn to provide project Packet Page 125

Item No. 8.L. Page 2 of 3
management and development services support for Campus Town Development Project in the amount of $24,900 on March 3, 2022. The contract was amended and extended in April 2022 to provide for a year of project management and other services for a year (April 2022-April 2023) at the rate of $25,000.00 per month (or $300,000). This amendment proposes to extend the contract through January 30, 2024 for ongoing project management services and allocates $180,200.00 for subconsultant fees, for a total contract amount of $455,200.00. Amendment #3 would allocate an additional $100,000 for subconsultant fees for a contract total amount not to exceed $555,200.00.

The City continues to need the services and requested another proposal from KimleyHorn. The staff reviewed the proposal and determined the project scope and budget were reasonable.

With the new scope, Kimley-Horn may perform the following but not limited duties related to the Campus Town Development Project: Generally, those items are listed on Attachment 1 to the letter proposal of Kimley-Horn:

1. Project Management
a. Meeting Coordination
b. Project Schedule
c. Project correspondence and documentation
d. Retention of subconsultant, as needed and approved by the City.

2. Final Map
a. MMRP and COA General Conformance
b. Subdivision Improvement Agreement, draft in collaboration with the city for recommendation of
approval
c. CFD (done)
d. Applicant Cost Estimate Review
e. Title Clean-up – assist and follow-up with In-House Counsel f. License Agreement with Army – Assist staff in coordinating and documenting g. Staff Report Preparation

3. Affordable Housing
a. Coordinate with the City in identifying compatible sites for off-site affordable housing b. Planning Review and recommendation approval in collaboration with the City c. Coordinate with MCWD on Water Allocation
d. Affordable Housing Agreement & Reporting Process
e. CEQA review for compliance
f. Staff Report Preparation

5. Building Permits for Phase IA (KB-Reimbursement, Project Specific) a. Planning Review and General Conformance with underlying entitlements (Specific Plan, FEIR and
Packet Page 126

Item No. 8.L. Page 3 of 3
Associated Conditions) for City staff designee sign-off • Site Plan/Plot Plan
• Architectural Plans and details
• Landscape Plans and details
b. Public Work Review for city staff designee sign-off
Relocation of Fire Station No.2
• Preparation and or review of Request for Proposal of environmental and design scope of services
• Coordination with consultants and City staff

FISCAL IMPACT
Strategic Plan: Yes. Campus Town is a priority project for the City for housing and economic development
Fiscal: No Impact to General Fund. All costs covered by Reimbursement Agreement with Developer or FORA Demolition Bonds

ATTACHMENTS

1. Resolution-Amendment #3 Kimley Horn

2. Exhibit A- PSA Amendment 3

3. Professional Services Agreement Amendment #2

4. Campus Town Scope of Services

5. Professional Services Agreement

6. Professional Services Agreement Amendment #1
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 127
Meeting Date: 1/5/23
Item #: 8.F.

RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER EXECUTE CONTRACT AMENDMENT #3 INCREASING THE PROFESSIONAL SERVICES

CONTRACT WITH KIMLEY-HORN BY AN AMOUNT NOT TO EXCEED
$100,000.00 TO PROVIDE ADDITIONAL CAMPUS TOWN PROJECT

MANAGEMENT SERVICES FOR A CUMULATIVE CONTRACT AMOUNT NOT TO EXCEED $555,200.00
WHEREAS, due to staff changes in the Economic Development and Community Development Department, the City of Seaside has vacancies in key roles that provide project management and oversight of major functions for the Campus Town Development; and
WHEREAS, the City has commenced with recruitment to fill multiple positions and hire a consultant on an interim basis to continue the City's progress on the Campus Town Project.

WHEREAS, Staff has identified one consultant, Kimley-Horn in particular that has the unique combination of skills, knowledge, and abilities that are directly aligned to the needs of the City of Seaside for the Campus Town Development project.

WHEREAS, on March 3, 2022, the City Manager approved a Professional Services Agreement with Kimley-Horn in the amount of $24,900.00, to provide project management and development services support for the Campus Town Development Project; and
WHEREAS, on or about April 30, 2022, the City Manager approved Amendment #1 to the Professional Services Agreement with Kimley-horn to continue to provide project management and development services support for the Campus Town Development Project and related projects for a not to exceed amount of $25,000.00 a month through and including April 30, 2023 for a total amount of $300,000.00; and WHEREAS, on or about January 30, 2023, the City increased the Professional Services Agreement to provide for subconsultant services and additional project management costs for a total amount not to exceed $455,200.00.

WHEREAS, the subconsultant services are required to be increased by an Packet Page 128
amount not to exceed $100,000.00 increasing the total contract amount not to exceed $555,200.00; and
WHEREAS, the costs of this contract increase will primarily be paid for through the FORA Bond proceeds for demolition activities on the former Fort Ord while the project management portions of the contract will be reimbursed by the Developer; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable and within the approved budget; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute Amendment #3 to the Professional Services Agreement with Kimley-Horn, in substantially the form as attached as Exhibit A, as such form may be finally reviewed and approved by the City Attorney, to continue to provide project management, subconsultant, and development services support for the Campus Town Development Project and related projects in the total amount of $555,200.00 through January 30, 2024.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of July, 2023, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 129
CONTRACT AMENDMENT #3

PROFESSIONAL SERVICES
City of Seaside
Date: June 29, 2023 Change Requested by: _X_ City/District ___ Consultant Contract Date Project Name
___03/03/2022__ ___Campus Town Project Management Services To (Consultant): Kimley-Horn Associates, 1100 W. Town & Country Road, Suite 700, Orange, CA 92868
You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project. The purpose of this addendum is to provide additional professional services related to the project named above.

The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section C, “Compensation”
The City shall pay Consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed twenty-five thousand dollars ($ 25,000) per month starting February 1, 2023, through January 31, 2024, for services described Exhibit A and Subconsultant fee estimated at one-hundred eighty-thousand and two-hundred dollars ($180,200) with an additional not to exceed $100,000, for a total estimated fee of five hundred and fifty-five thousand and two-hundred dollars ($555,200).
.

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CONTRACT AMENDMENT #2

PROFESSIONAL SERVICES
City of Seaside
Date: January 25, 2023 Change Requested by: _X_ City/District ___ Consultant Contract Date Project Name
___03/03/2022__ ___Campus Town Project Management Services To (Consultant): Kimley-Horn Associates, 1100 W. Town & Country Road, Suite 700, Orange, CA 92868
You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project. The purpose of this addendum is to provide additional professional services related to the project named above.

The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section C, “Compensation”
The City shall pay Consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed twenty-five thousand dollars ($ 25,000) per month starting February 1, 2023, through January 31, 2024, for services described Exhibit A and Subconsultant fee estimated at one-hundred eighty-thousand and two-hundred dollars ($180,200), for a total estimated fee of four-hundred and fifty-five-thousand and twohundred dollars ($455,200).

MODIFY the following text in Section D, “Expenses”
City will reimburse for professional services and expenses at cost upon submission of receipts.

Expenses incurred specific to Campus Town efforts are considered in addition to Compensation and are passed through to the Campus Town Developer.

MODIFY the following text in Section F, “Term”
The term of this agreement shall commence on January 30, 2023, with contract beginning on February 1, 2023, and terminate January 31, 2024.

ADDITION the following text in Sub-Section G of Section O, “Miscellaneous” By execution of this Agreement, Amendment or Task Order, Client understands Consultant will retain Subconsultant to provide the services described herein solely for the administrative convenience of the Client. Client acknowledges that Consultant will not: engage in the work with the Subconsultant; direct the work of the Subconsultant; or review the work product of Subconsultant, nor will the Consultant be held liable for the Subconsultant’s work in any way.

See contract for balance of addition.

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Original Contract
Amount
Previous CCO
Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$24,900 $25,000/ month $25,000/ month
$180,200
$455,200
Amendment 1
Contract Time
Original
Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months April 30, 2023 9 months January 31, 2024
SUBMITTED BY:

Nisha Patel
Public Works Director/ City Engineer
Signature Name and Title Date
CITY APPROVAL BY:

Jaime N. Fontes
City Manager
Signature Name and Title Date
CONSULTANT ACCEPTANCE BY:

Nikki Kerry
Principal
Signature Name and Title Date
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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services January 25, 2023
Submitted Electronically
Ms. Nisha Patel
Public Works Director/ City Engineer

CITY OF SEASIDE
440 Harcourt Avenue
Seaside, CA 93955
RE: Campus Town – Project Contract Services Letter Agreement Dear Ms. Patel:

Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to City of Seaside (“Client”) for providing project management and general civil, planning and landscape oversight for the processing of subdivision, improvement plans, building plans and associated agreements specific to the Campus Town Redevelopment Project (“Project”) and related project efforts, located on the Fort Ord Reuse Authority (FORA) property. This redevelopment project is understood to be undertaken by KBBakewell (“Applicant”) through separate agreement(s) previously negotiated and executed with the Client.

The scope of services can be generally described as follows:

SCOPE OF SERVICES
a. Kimley-Horn and Associates, Inc. (Kimley-Horn) will provide as-needed consulting services to the Client for general development services support specific to the Project and related project efforts, which can consist of: strategic planning, entitlement, State policy, CEQA and permitting guidance, review work products prepared by Client or Client’s Consultant Team (contracted separately), help direct Client’s staff in deliverable preparation, communicate with the Agencies as appropriate, and attend in-person and virtual meetings as directed by Client. See Attachment 1, “Outline of Anticipated Work Effort.” b. To fulfill this role, Kimley-Horn will require a blend of Kimley-Horn staff consisting of administrative and other professional technical support staff typical of entitlement and land development project management functions. Where reasonably applicable both junior and senior staff will be employed to execute the tasks requested.
c. Kimley-Horn consulting services will be provided by means of virtual video and tele-conference calls, email correspondence, occasional in-person meetings, such as City Council, Planning Commission or Milestone Meetings specifically directed by the Client. Consistent onsite Kimley-Horn staff is NOT anticipated for this effort. Travel time and related travel expenses for in-person meetings shall be reimbursed per the terms and conditions of this agreement.

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services d. Kimley-Horn will rely upon Client’s staff to provide all project financial and legal analysis and directives.

This also includes preparation of review fees, development impact fees, transportation impact fees, etc. for the Project.
e. It is understood that the Client will make all decisions related to the Project, agreements with and directives to the Applicant, as well as review and approve any efforts undertaken by Kimley-Horn on their behalf. f. The Applicant shall be responsible to furnish all Project design/construction documents and reports, as required by the Client, municipal code, state and federal jurisdiction, and development agreements. KimleyHorn will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the Client, Applicant or by others for whom the Consultant is not legally responsible. The Client acknowledges that verifying the accuracy and completeness of such items is not part of the Consultant’s scope of services.
g. Kimley-Horn shall not provide design services, direction, or construction documents for the Project, unless a separate specific Task Order agreement outlining the scope and fee for such services is issued. h. The rates provided in Attachment 2 are effective through June 2023. Subsequent rate increases will be reviewed in June of each year, starting June 2023. The actual rate increase will vary based on then current conditions.

FEE
Kimley-Horn will perform the Scope of Services described above “T&M Budget” on a labor fee plus expense basis, up to $25,000 in labor fees per month (“base monthly labor fee”). Should Scope of Services fee exceed the set per month basis, Kimley-Horn will notify the Client and determine if requested services be moved to following month, or if necessary, receive authorization to exceed the base monthly fee for defined services and estimated fee. Labor fee will be billed on an hourly basis according to our then-current rates (enclosed). Services specific to Campus Town will be invoiced separately from general consultant services related project efforts under the responsibility of the city, per direction from City staff.

As related to these as-needed tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

ADDITIONAL SERVICES IF REQUIRED
Should other distinct Kimley-Horn consulting services, such as preparation of civil drawings, landscape drawings, CEQA documents, marketing, etc., be requested then a separate proposal outlining these scopes of services will be prepared and presented to Client for approval. Such Additional Services, once approved by Client, will be contracted for under a separate individual Task Order.

SCHEDULE
The Client and Kimley-Horn shall mutually identify and agree on deliverable dates as reasonably applicable, with the expected time from to take through Phase IA of Campus town and into Subsequent Phases.

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services

DELIVERABLES
Kimley-Horn will provide deliverables that coincide with the requested services, which can include entitlement summaries, environmental summaries, preliminary development schedules, checklists, reporting documents, etc.

Deliverables will be confirmed with the Client prior to initiating.

ACCEPTED
CITY OF SEASIDE KIMLEY-HORN AND ASSOCIATES, INC.

BY: BY: Nikki Kerry, P.E. (CA 58449)
TITLE: TITLE: Principal
DATE: DATE: January 25, 2023
ATTACHMENTS:

1. Outline of Anticipated Work Effort

2. Kimley-Horn Rate Schedule

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 1
Outline of Anticipated Work Effort

PROJECT SPECITIC, PROJECT REIMBURSEMENT

1. Project Management
a. Meeting Coordination
 Scheduling
 Meeting Notes
 Follow-up Actions
b. Project Schedule
 In coordination with City staff and Applicant prepare Master schedule for Phase 1A  Provide bi-weekly updates
 Monthly Report of Action that Occurred, Projected Actions for following Month and Critical Milestone Status
c. Project correspondence and documentation
d. Retention of subconsultant, as needed and approved by City.

2. Final Map
Map and improvement plans are assumed to be final and approved by staff. a. MMRP and COA General Conformance
b. Subdivision Improvement Agreement, draft in collaboration with the city for recommendation of approval
c. CFD (prepared by others) – assist in coordinating for city approval d. Applicant Cost Estimate Review
e. Title Clean-up – assist and follow-up with In-House Counsel f. License Agreement with Army – Assist staff in coordinating and documenting g. Staff Report Preparation

3. Affordable Housing
a. Coordinate with City in identifying compatible sites for off-site affordable housing b. Planning Review and recommendation approval in collaboration the City c. Coordinate with MCWD on Water Allocation
d. Affordable Housing Agreement & Reporting Process
e. CEQA review for compliance
f. Staff Report Preparation

4. MCWD Coordination
a. LAFCO Annexation
b. Infrastructure Agreement

5. Building Permits for Phase IA (KB-Reimbursement, Project Specific) a. Planning Review and General Conformance with underlying entitlements (Specific Plan, FEIR and Associated Conditions) for City staff designee sign-off  Site Plan/Plot Plan
 Architectural Plans and details
 Landscape Plans and details
b. Public Work Review for city staff designee sign-off
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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services  Finished Grading
 Infrastructure (supplemental, and in-tract)
 Landscape Improvements
 Encroachment
c. Model Home Review
d. Code Compliance Review
e. Application Processing in collaboration with the City

RELATED PROJECT EFFORTS, CITY RESPONSIBILITY

6. Demolition
a. Permitting oversight and coordination of city activities b. License Agreement, draft for in-house council
c. Staff support as needed

7. CFD
a. Coordination with CFD consultants.
b. Staff report preparation
c. Staff support as needed

8. Public Easements
a. Coordination with Public Works on review and approval b. Coordination with the Applicant and their consultant team

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 2
Kimley-Horn Rate Schedule
Hourly Labor Rate Schedule
Classification Rate
Analyst I $120 - $165
Analyst II $145 - $210
Professional $200 - $240
Senior Professional I $230 - $285
Senior Professional II $315 - $375
Senior Technical Support $100 - $235
Technical Support $95 - $155
Support Staff $80 - $140
Subject to annual adjustment thereafter
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up.

Sub-Consultants will be billed per the Contract
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: July 6, 2023
SUBJECT: ADOPT A RESOLUTION CLARIFYING REGULATIONS RELATED

TO THE ALLOCATION OF WATER FOR ACCESSORY DWELLING
UNITS

RECOMMENDATION
Adopt a Resolution clarifying that previously adopted regulations for Accessory Dwelling Units apply within the Seaside Municipal Water District service area.

BACKGROUND
Water is a scarce resource in the City of Seaside and its surrounding area. In 1995 the City of Seaside created a Water Allocation Program to manage the City's limited supplies of water. This Water Allocation Program allocates water to categories of land use development in order to ensure that the remaining water supplies are used to support development that will have the greatest community impact. Allocation of water to individual projects is overseen by the Monterey Peninsula Water Management District (MPWMD). For residential projects, the MPWMD calculates water demand based upon the number of fixture units (ie toilets, sinks, bathtubs, etc) determined through formulas developed by the District.

In November 2020, in order to address the critical need for more housing in the City, the City Council passed a series of four Resolutions intended to facilitate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) within the City of Seaside by allocating five acre-feet of water from the City's Water Allocation Program and establishing the conditions under which that water could be provided to a particular project. The City established a purchase price of $2,500 per fixture unit (which would be waived if the unit was dedicated as an affordable unit), as well as a maximum of 6.8 fixture units per ADU or JADU. Over 140 ADUs have either been constructed or are in the permitting process based on this water allocation.

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Item No. 8.M. Page 2 of 2
The City is served by three different water service providers: California American Water Company (CAWC), a private entity; Seaside Municipal Water District (SMWD), which is operated by the City of Seaside; and the Marina Coast Water District (MCWD), a county water district. The attached map shows the service area boundaries for these providers. The City was recently informed by MPWMD that the water credits being tracked through the City's Water Allocation Program only applied to those properties located within the service area for CAWC. At the time of passage of the Resolutions referenced above, it had been the understanding of the City that the Water Allocation Program applied to both the CAWC and the SMWD service areas. As a result, the previously adopted Resolutions are unclear as to whether they apply only to projects within the CAWC service area or the SMWD service area as well.

The attached Resolution clarifies that the purchase price for water set forward in Resolution 20-99 as well as the limit of 6.8 fixture units per ADU or JADU applies to projects both within the CAWC and the SMWD. The previously allocated 5 acre-feet of water will apply only to those properties within the CAWC service area; properties within the SMWD would be able to obtain additional water credits for the construction of ADUs and JADUs if they are otherwise compliant with local and State Laws.

FISCAL IMPACT
No significant fiscal impact is associated with this Item.

ATTACHMENTS

1. Seaside Muni ADU City Council Resolution 2023-07-06

2. Seaside Water District Boundaries
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE CLARIFYING

THE APPLICABILITY OF PREVIOUSLY ADOPTED RESOLUTIONS REGARDING

THE ALLOCATION OF WATER FOR ACCESSORY DWELLING UNITS WITHIN

THE SEASIDE MUNCIPAL WATER DISTRICT
WHEREAS, Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (JADUs) are a critical form of infill development that can be affordable and offer important housing choices for property owners; and
WHEREAS, affordable housing is a priority in the city and ADUs provide housing opportunities for low income and very low income renters; and WHEREAS, individual sites in the City of Seaside are served by either California American Water Company (“CAWC”), the Seaside Municipal Water District (“SMWD”), or the Marina Coast Water District (“MCWD”); and
WHEREAS, on November 19, 2020, the Seaside City Council adopted Resolution 20-99 setting a purchase price of $2,500 per fixture unit based upon the most recently available charges assessed by neighboring cities; and
WHEREAS, also on November 19, 2020, the Seaside City Council adopted Resolution 20-100 allocating 5 acre-feet of water to its Residential Accessory Dwelling Unit Program and adopted Resolution 20-101 to provide an updated water allocation table; and
WHEREAS, also on November 19, 2020, the Seaside City Council adopted Resolution 20-102 specifying that the maximum water allocation for an ADU or JADU was 6.8 fixture units; and
WHEREAS, the City has been notified by the Monterey Peninsula Water Management District (“MPWMD”) that the 5 acre-feet of water previously allocated was applicable only to the CAWC service area, and that it was not necessary to allocate water within the SMWD service area to allow for the development of ADUs.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside hereby clarifies that:
a) The purchase price for fixture units as defined in Resolution 20-99 shall be applicable to all net new fixture units for ADUs and JADUs within both the CAWC and SMWD service areas; and
b) New fixtures located within SMWD or MCWD shall not be credited against the five acre feet of water allocated by the City Council in Resolution 20-100; and c) The maximum number of fixture units in any new ADU or JADU within the CAWC or SMWD service areas shall be 6.8 fixture units.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 6th day of July, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST: ________________________
Ian N. Oglesby, Mayor
City of Seaside
_____________________________
Dominique Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.N.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Mary Gutierrez, Fire Chief
DATE: July 6, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE MAYORS OF

SEASIDE AND OAXACA DE JUAREZ MEXICO TO ENTER INTO AN

AGREEEMENT TO APPROVE THE CITY OF SEASIDE DONATION

OF SURPLUS SEASIDE FIRE AND POLICE EQUIPMENT TO

OAXACA DE JUAREZ FIRE DEPARTMENT, AND HAVE A MUTUAL

EXCHANGE OF TRAINING

RECOMMENDATION
Adopt a Resolution to enter into an agreement with Oaxaca De Juarez Mexico to donate surplus fire and police equipment to them.

BACKGROUND
On September 18, 2022 the City of Seaside and the Municipality of Oaxaca de Juarez became sister cities and executed an agreement (“Sister City Agreement”), committing to reach future agreements and cooperate on projects that include, but are not limited to, institutional development and exchange of goods and services. The fire departments of the City of Seaside and the Municipality of Oaxaca de Juarez would like to develop opportunities for a mutual exchange of training and education in multiple fire department disciplines to include, incident command, structural firefighting, wildland firefighting, hazardous materials incident training, drone deployment, auto extrication, volunteer firefighter mentoring and training, and public education programs. In addition, the City of Seaside’s public safety departments would like to donate surplus equipment to the Municipality of Oaxaca de Juarez to assist in the delivery of services to the community they serve. Further, this Agreement would authorize, as the Sister City’s respective budgets allow, for the exchange of firefighter personnel to travel to Oaxaca and to Seaside for ongoing collaborative educational opportunities. This Agreement is intended to be an implementing Programmatic agreement to that Sister City Agreement.

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Item No. 8.N. Page 2 of 2
Subject to the terms and conditions of this Agreement, Donor transfers all rights, title and ownership of the following equipment from the Seaside Fire Department Equipment Donation:
16 - Turnout coats (Structural Protection)
16 - Turnout Pants (Structural Protection)
4 – GX 160 Honda Blowers (For Structural Firefighting Smoke Removal) 1 – Stihl Rotary Saw (For Ventilation or Extrication)
2 – GX 100 Honda Amkus Power Units (Power Unit for Rescue Tool) 1 – Amkus Rescue Combi -Tool (For Vehicle Auto Extrication) Subject to the terms and conditions of this Agreement, Donor transfers all rights, title and ownership of the following equipment from the Seaside Police Department Surplus Equipment Donation:
31 - Kenwood handheld radios with base chargers
25 - Harris handheld radios with base chargers

FISCAL IMPACT
No Fiscal Impact

ATTACHMENTS

1. Oaxaca Equipment Donation Agreement 2023

2. Resolution Donation of Fire and Police Equipment to Oaxaca.6-29 Final Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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SURPLUS EQUIPMENT DONATION AGREEMENT
This Equipment Donation Agreement (the “Agreement”) is made by and between THE CITY OF SEASIDE (“Donor”) and MUNICIPALITY OF OAXACA DE JUAREZ (“Oaxaca”).

1. Background. On September 18, 2022 the City of Seaside and the Municipality of Oaxaca de Juarez became sister cities and executed an agreement (“Sister City Agreement”), committing to reach future agreements and cooperate on projects that include, but are not limited to, institutional development and exchange of goods and services. The fire departments of the City of Seaside and the Municipality of Oaxaca de Juarez would like to develop opportunities for a mutual exchange of training and education in multiple fire department disciplines to include, incident command, structural firefighting, wildland firefighting, hazardous materials incident training, drone deployment, auto extrication, volunteer firefighter mentoring and training, and public education programs. In addition, the City of Seaside’s public safety departments would like to donate surplus equipment to the Municipality of Oaxaca de Juarez to assist in the delivery of services to the community they serve. Further, this Agreement would authorize, as the Sister City’s respective budgets allow, for the exchange of firefighter personnel to travel to Oaxaca and to Seaside for ongoing collaborative educational opportunities. This Agreement is intended to be an implementing Programmatic agreement to that Sister City Agreement.

2. The Equipment. Subject to the terms and conditions of this Agreement, Donor transfers all rights, title and ownership of the equipment described in the attached Schedule - A (Fire and Police Surplus Equipment”) to the Municipality of Oaxaca De Juarez for their professional use. Title to the Equipment will vest in Oaxaca upon the Equipment’s arrival in Oaxaca.

Promptly upon receipt of Equipment by Oaxaca De Juarez, Donor will provide any documents necessary to record the transfer of title in the Equipment. The transfer does not include or convey any license, title, or other rights in any patents, trademarks, copyrights, knowledge or other intellectual property of any kind.

3. No Payment. Donor and Oaxaca De Juarez agree that each party’s performance of this Agreement constitutes full consideration and that Oaxaca is not obligated to pay for the Equipment.

4. Use of Equipment. Oaxaca may use the Equipment for any purpose it deems appropriate and there is no expectation of reversion of the Equipment to Donor under any circumstances whatsoever.

5. Transportation of Equipment. Donor shall work with recipient regarding delivery method of donated equipment to Oaxaca De Juarez.

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6. Warranties. Donor warrants that:
a. The Equipment has no known dangerous defects; and,
b. There are no claims, judgments, liens or other encumbrances of any kind whatsoever against or upon title to the Equipment; and,
c. No customs laws, tax laws or other laws or regulations applicable to the Equipment or its export or import, have been broken.

7. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions, or deletions to this Agreement shall be in writing and executed by the authorized representatives of both parties.

8. Governing Law. This Agreement and the rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the laws of the State of California, and the exclusive venue for any legal proceedings arising from or incident to this Agreement shall be the state courts sitting in Monterey County, California.

For the Municipality of Oaxaca De Juarez For the City of Seaside of the State of California Of the State of Oaxaca of the United Mexican States Of the United States of America __________________________ ________________________________ Name: Oswaldo Garcia Jarquin Name: Ian N. Oglesby
Title: Mayor Title: Mayor
Date: Date:

Approved as to Form:
__________________________ ________________________________ Name: Sheri L. Damon Name: Dominique L. Davis
Title: City Attorney Title: City Clerk
Date: Date:

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Schedule “A” – 2023 Fire and Police Surplus Equipment Donation Seaside Fire Department Equipment Donation
16 - Turnout coats (Structural Protection)
16 - Turnout Pants (Structural Protection)
4 – GX 160 Honda Blowers (For Structural Firefighting Smoke Removal) 1 – Stihl Rotary Saw (For Ventilation or Extrication)
2 – GX 100 Honda Amkus Power Units (Power Unit for Rescue Tool) 1 – Amkus Rescue Combi -Tool (For Vehicle Auto Extrication) Seaside Police Department Surplus Equipment Donation
31 - Kenwood handheld radios with base chargers
25 - Harris handheld radios with base chargers
{N0005607.1} 2
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE DONATION OF FIRE AND POLICE DEPARTMENT SURPLUS

EQUIPMENT TO THE MUNICIPALITY OF OAXACA DE JUAREZ
WHEREAS, On September 18, 2022 the City of Seaside and the Municipality of Oaxaca de Juarez became sister cities and executed a Sister City Agreement; and WHEREAS, both cities are committed to reach future agreements and cooperate on projects that include, but are not limited to, institutional development, training and exchange of good and services; and
WHEREAS, the fire departments of the City of Seaside and the Municipality of Oaxaca de Juarez would like to develop opportunities for a mutual exchange of training and education in incident management, firefighting tactics and strategy, drone deployment, auto extrication, hazardous materials mitigation, volunteer firefighter mentoring and training and public education programs; and WHEREAS, the City of Seaside Fire and Police Departments would like to make donation(s) of surplus fire and police equipment to the Municipality of Oaxaca de Juarez to assist in the delivery of services to the community they serve; and WHEREAS, the Agreement would authorize for the exchange of firefighter personnel to travel to Oaxaca and to Seaside for ongoing collaborative educational opportunities; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside do hereby direct the City of Seaside City Manager to execute on behalf of the City Council, a fire and police department surplus equipment donation agreement, in a form substantially as attached Exhibit A as finally approved by the City Attorney, to the municipality of Oaxaca De Juarez.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of July, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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APPROVED:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: July 6, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE NORTH FREMONT

STREET SIDEWALK GAP CLOSURE PROJECT MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING

AND REPORTING PROGRAM

RECOMMENDATION
Adopt the resolution approving the North Fremont Street Sidewalk Gap Closure Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

BACKGROUND
The City of Monterey's City Council approved funding to design and prepare the environmental document for the North Fremont Gap Closure project on June 20, 2017, as part of their 2017/18 Neighborhood Improvement Program for $300,000. The City of Monterey's Neighborhood and Community Improvement Program (NCIP) committee rescoped the project on April 4, 2019. On May 7, 2019, The City of Monterey's City Council approved Resolution 19-057 for NCIP project number 37n1950 for the North Fremont Bike and Pedsestrian Improvement from Cassonova to Canyon Del Rey (North Side) (CW--7) Project. As such, the project was added to the City of Monterey's work program, where it became a Public Works and Engineering project and the Community Development Department initiated environmental review. After the City of Monterey received community and Transportation Agency for Monterey County (TAMC) feedback, the design and environmental efforts were further supplemented with $81,344.70 of Measure X (TAMC's 2016 Transportation Safety and Investment Plan ballot measure) funds to revise the project scope, which included widening the bridge and modifying the foundation of the proposed structure.

The project includes four milestones:

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Item No. 9.A. Page 2 of 4

1. Preparation of construction drawings

2. Environmental Review

3. Permitting

4. Construction
The City of Monterey's Public Works Department has substantially completed construction drawings. In this action, staff requests the City Council consider adopting the environmental document, which is the second milestone. Further milestones include obtaining project permits and construction.

Previous Project History
There is currently a gap in the existing sidewalk along the north side of North Fremont Street, between Cassanova Avenue and Canyon Del Rey Boulevard (California State Route 218). The gap prevents continuous pedestrian movement in this location, where pedestrians must either cross North Fremont Street to use the sidewalk, use the travel lane, or negotiate an uneven dirt path beyond the safety guardrail. The purpose of the project is to connect/complete the sidewalk and improve safety by providing a pathway for pedestrian and cyclist connectivity along the north side of North Fremont Street with a Class I multi-use trail.

The gap closure project was previously included as part of the North Fremont Bicycle and Pedestrian Access and Safety Improvements Project, Federal Aid Project No, ATPL5086 ()34), which included improvements on North Fremont Street between Casa Verde Way and Canyon Del Rey Boulevard. The previous project included the design of a wall retaining across a small intermittent creek adjacent to the westbound lanes of North Fremont Street. The original wall design was proposed to be a cantilevered retaining wall found on cast-in-drilled-hole (CIDH) p[iles and located very close to, and possibly encroaching into, an Environmentally Sensitive Habitat Area (ESHA).

Because the contractor bids were received for the construction of the wall under the previous project, the City of Monterey opted to postpone awarding a construction contract for the segment between Casanove Avenue and Canyon Del Rey Boulevard in order to study other design alternatives. As a separate project, The City of Monterey studied the feasibility and comparative merits of the original retaining wall design and an alternative design using a pre-fabricated truss span. After reviewing both options and assessing cost and environmental issues, the City chose to pursue the truss span design.

Project Description
The proposed project consists of a prefabricated steel truss bridge with concrete abutments at either end. Construction for the Project would begin with excavating to the bottom abutment footing/pile cap elevation. If in design, CIDH piles are determined Packet Page 162

Item No. 9.A. Page 3 of 4
to be needed, then a similar CIDH pile construction sequence as described above, would need to take place. Rebar placement for the abutment components, pouring concrete, and allowing it to cure would then take place, proceeded by backfilling operations. Simultaneously, while all the on-site work is being done, the steel truss bridge can be fabricated. The steel truss bridge would be prefabricated off-site and shipped in two or three segments to the site to be assembled and erected into place.

To complete bridge construction, the walkway deck would need to be installed. The walkway deck would be designed with a steel grate to allow water and natural light to pass through. The structure will consist of painted (black) steel, and low-profile lighting is proposed for safety.

The truss would span 130 feet, connecting to improved Class I trail approaches at both ends. Curbs and gutters would be replaced along a portion of the road frontage, and two oak trees would require removal. The resulting project, approximately 500 feet in total length, would connect Cassanova Avenue to Laguna Grande Park and Canyon Del Rey Boluvard. All would be done outside of the riparian/ESHA limits. Periodic maintenance would be required for the bridge structure. Vegetation would need to be controlled and topped so that it does not overgrow and impact the bridge from below.

In addition, occasional repainting of the bridge would be necessary to prolong its lifespan.

Analysis
Unless exempted, CEQA requires environmental review of discretionary projects proposed to be carried out or approved by public agencies. (Public Resources Code section 21080.) If a proposed activity is a project and is not exempt from CEQA, the City ordinarily must prepare an "initial study" to determine whether the project will have significant effect on the environment. (City Attorneys' Dep't., League of Cal. Cities, The Municipal Law Handbook (Cont. Ed. Bar 2022 §11.26) When the initial study identifies potentially significant impacts, but the revisions made to the project before public review of the negative declaration clearly reduces impacts to a level of insignificance, a mitigated negative declaration is prepared.

The Initial Study/Mitigated Negative Declaration (ISMND) identifies significant impacts to biological resources, cultural resources, noise, tribal cultural resources, and mandatory findings of significance. The mitigation measures listed in (Exhibit B) are proposed to reduce the impact to less than significant.

Alternatives to Consider
The City Council could decide not to adopt the mitigated negative declaration. The City Council could conclude that the mitigation measure in a mitigated negative declaration is infeasible or otherwise undesirable. The Council may adopt a substitute measure of equal or greater efficacy without recirculating the document if the substitution is considered at a public meeting and the City Council makes a written finding that the measure is of equal or greater efficacy and will not itself cause any potential significant effect on the environment.

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Item No. 9.A. Page 4 of 4
(City Attorneys' Dep't, League of Cal Cities, The Municipal Law Handbook (Cont. Ed. Bar 2022, § 11.35.)

FISCAL IMPACT
The City of Monterey Neighborhood and Community Improvement Program (NCIP) Committee awarded $300,000 to prepare the construction drawings and environmental documents for the North Fremont Street Sidewalk Gap Closure Project. The project was further supplemented with $81,334.70 of Measure X funds. Project permits and construction are not yet funded. However, the certification of the environmental document will help the project become closer to being "shovel-ready", so it will most likely rank higher for future grant applications.

ATTACHMENTS

1. EIS Exhibit A

2. Mitigation and Monitoring Exhibit B

3. Pictures Exhibit C

4. Resolution COM MND
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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North Fremont Street
Casanova to Canyon Del Rey Sidewalk Gap Closure
Environmental Initial Study
Prepared for:

City of Monterey
Public Review Draft
December 2022
Prepared by:

Exhibit A
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City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page ii
Table of Contents
Introduction & Purpose ....................................................................................................................1

1.1 Purpose and Scope of the Initial Study .........................................................................................1

1.2 Summary of Findings.....................................................................................................................1

1.3 Initial Study Public Review and Outreach Process........................................................................1

1.4 Report Organization......................................................................................................................2 Description of Proposed Project.......................................................................................................3

2.1 Project Background, Location, and Setting...................................................................................3 Location.................................................................................................................................................3 Background and Purpose ......................................................................................................................3 Site Conditions and Setting...................................................................................................................3 Project Characteristics..........................................................................................................................4 Initial Study Checklist........................................................................................................................6

3.1 Project Information.......................................................................................................................6 Environmental Analysis.....................................................................................................................9

4.1 Aesthetics......................................................................................................................................9

4.2 Agriculture and Forestry Resources............................................................................................11

4.3 Air Quality ...................................................................................................................................13

4.4 Biological Resources....................................................................................................................17

4.5 Cultural Resources......................................................................................................................21

4.6 Energy .........................................................................................................................................23

4.7 Geology and Soils........................................................................................................................25

4.8 Greenhouse Gas Emissions.........................................................................................................28

4.9 Hazards and Hazardous Materials ..............................................................................................30

4.10 Hydrology and Water Quality .....................................................................................................33

4.11 Land Use and Planning................................................................................................................36

4.12 Mineral Resources ......................................................................................................................38

4.13 Noise ...........................................................................................................................................39

4.14 Population and Housing..............................................................................................................42

4.15 Public Services.............................................................................................................................43

4.16 Recreation...................................................................................................................................45

4.17 Transportation ............................................................................................................................46

4.18 Tribal Cultural Resources............................................................................................................48 Exhibit A
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4.19 Utilities and Service Systems ......................................................................................................50

4.20 Wildfire........................................................................................................................................52

4.21 Mandatory Findings of Significance............................................................................................54 Report Preparers.............................................................................................................................56 References ......................................................................................................................................57 List of Tables
Table 1: Project Construction Emissions.....................................................................................................14 List of Figures
Note: All figures are at the end of the document.

Figure 1: Project Location
Figure 2: Site Plan
Figure 3: Surrounding Land Uses
Figure 4: Jurisdictional Boundaries
Figure 5: Truss Bridge Concept
Figure 6: Site Photographs
Figure 7: Truss Bridge Rendering
Figure 8: Vegetation Communities
Figure 9: Tree Removal
Appendices
Appendix A: CalEEMod Air Quality and Greenhouse Gas Emissions Modeling Appendix B: Biological Resources Memo
Appendix C: Cultural Resources Report
Exhibit A
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City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 1

INTRODUCTION & PURPOSE

1.1 Purpose and Scope of the Initial Study
This Initial Study has been prepared to determine and identify the potential environmental effects of construction and operation of the North Fremont Street Sidewalk Gap Closure Project (“Project”) in the City of Monterey. This study has been prepared pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, Section 21000, et seq.).

As a bicycle/pedestrian facility designed to bridge an existing sidewalk gap and enhance bicycle and pedestrian connections at the boundary of the cities of Monterey and Seaside, the Project is expected to provide certain benefits in terms of non-motorized mobility and safety. As such, the scope of this Initial Study focuses on the physical environmental effects of constructing a short bridge structure adjacent to North Fremont Street on the edge of Laguna Grande Park. Primary issues studied are biology, cultural resources, and water quality; however, the Initial Study addresses all area of the standard checklist within CEQA Guidelines Appendix G.

The lead agency is the public agency with primary responsibility over a proposed project. Where two or more public agencies will be involved with a project, CEQA Guidelines Section 15051 provides criteria for identifying the lead agency. In accordance with CEQA Guidelines Section 15051(b) (1), “the lead agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose.” Based on the criteria above, the City of Monterey (City) is the lead agency for the proposed project.

The conclusions herein are based on CEQA standards, professional judgement, field review and available public documents. This Initial Study constitutes substantial evidence supporting the conclusion that preparation of an EIR is not required prior to approval of the project by the City and provides the required documentation under CEQA.

1.2 Summary of Findings
The project would have beneficial impacts, less than significant impacts, or no impacts in all analysis categories except as identified below. Beneficial impacts of the project include improved recreational opportunities, network connectivity, improved pedestrian safety, and opportunities for non-motorized transportation.

Environmental issues that could have effects requiring mitigation include biological resources (protection and avoidance of Environmentally Sensitive Habitat Area) and tribal and cultural resources (protection of inadvertently discovered resources).

1.3 Initial Study Public Review and Outreach Process
This Project has been previously addressed as part of the North Fremont Bicycle and Pedestrian Access and Safety Improvements project, Federal Aid Project No. ATPL-5086 (034), which included improvements on North Fremont Street between Casa Verde Way and Canyon Del Rey Boulevard. The City held multiple public information meetings about the North Fremont Bicycle and Pedestrian Access Exhibit A
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and Safety Improvements project, including the sidewalk gap component, at North Fremont Business District meetings in June 2015, March 2016, August 2016, May 2017, and March 2019; Transportation Agency for Monterey County Bicycle & Pedestrian Committee meetings in November 2015 and March 2017; Casanova Oak Knoll Neighborhood Association meetings in October 2016 and June 2018; and a North Fremont Open House in May 2018. City staff and consultants have also provided project information to responsible agencies regarding the environmental review process.

The Initial Study will be available for public review for no less than 30 days: the period of public review will initiate on December 22, 2022, and comments will be received through January 23, 2023. At the close of public review, the City will consider public comments on the environmental document prior to making a decision on the Project.

1.4 Report Organization
This document has been organized into the following sections:

Section 1.0 – Introduction. This section provides an introduction and overview describing the conclusions of the Initial Study.

Section 2.0 – Project Description. This section identifies key project characteristics and includes a list of anticipated discretionary actions.

Section 3.0 – Initial Study Checklist. The Environmental Checklist Form provides an overview of the potential impacts that may or may not result from project implementation.

Section 4.0 – Environmental Evaluation. This section contains an analysis of environmental impacts identified in the environmental checklist.

Section 5.0 – Report Preparers.

Section 6.0 – Report References. This section identifies resources used to prepare the Initial Study.

Exhibit A
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City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 3

DESCRIPTION OF PROPOSED PROJECT

2.1 Project Background, Location, and Setting
Location
The North Fremont Street Sidewalk Gap Closure Project (Project) is located in the cities of Monterey and Seaside, California, and crosses the boundary line of Monterey and Seaside. The project limits extend along the north edge of North Fremont Street between Canyon Del Rey Boulevard on the east and Casanova Avenue on the west. See Figure 1. The Project is located within the California Coastal Zone.

Background and Purpose
There is currently a gap in the existing sidewalk along the north side of North Fremont Street, between Casanova Avenue and Canyon Del Rey Boulevard (also known as California State Route CA-218). The gap prevents continuous and safe pedestrian movement in this location, where pedestrians must either cross North Fremont Street to use the sidewalk, use the travel lane, or negotiate an uneven dirt path beyond a metal guardrail. The purpose of the Project is to connect/complete the sidewalk and provide a safe pathway for pedestrian and cyclist connectivity along the north side of North Fremont Street with a Class I multi-use trail. See Figure

2. The gap closure was previously addressed as part of the North Fremont Bicycle and Pedestrian Access and Safety Improvements project, Federal Aid Project No. ATPL-5086 (034), which included improvements on North Fremont Street between Casa Verde Way and Canyon Del Rey Boulevard. The previous project included the design of a wall retaining the proposed embankment for sidewalk continuation, across a small intermittent creek, adjacent to the westbound lanes of North Fremont Street. The original wall design was proposed to be a cantilevered retaining wall founded on cast-in-drilled-hole (CIDH) piles and located very close to – and possibly encroaching into - an Environmentally Sensitive Habitat Area (ESHA).

Because of the contractor bids received for the construction of the wall under the previous project, the City opted to postpone awarding construction for the segment between Casanova Avenue and Canyon Del Rey Boulevard in order to study other design alternatives. As a separate project, the City studied the feasibility and comparative merits of the original retaining wall design and an alternative design using a pre-fabricated truss span. After reviewing both options and assessing cost and environmental issues, the City chose to pursue the truss span design.

Site Conditions and Setting
North Fremont Street transitions from a four-lane street to a five-lane street at the intersection with Canyon Del Rey Boulevard. Southwest of the intersection, North Fremont has two Exhibit A
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eastbound lanes and a left-turn lane separated by a raised median from the two westbound lanes. North Fremont Street traverses Canyon Del Rey (a northwest-southeast trending canyon), spanning over a partially culvertized intermittent creek. The creek located at the base of the canyon and flowing northwesterly towards Laguna Grande.

The site has limited sidewalk access for cyclists and pedestrians as the sidewalk extending from the west side of Canyon Del Rey Boulevard, along North Fremont Street, dead-ends approximately 160 feet southwest from the western corner of the North Fremont Street/Canyon Del Rey Boulevard intersection. Sidewalk and other improvements along the north side of North Fremont Street, extending from Casa Verde Way to approximately 30 feet northeast of the intersection with Casanova Avenue, have recently been completed as part of a previous project mentioned earlier. Current sidewalk discontinuity – the “gap” - is approximately 500 feet.

The existing project site on North Fremont Street between Casanova Avenue and Canyon Del Rey Boulevard consists of a sloped terrain with an approximate maximum elevation difference of 30 feet from the top of the roadway to the base of the canyon within the ESHA. As previously mentioned, the ESHA exists downslope Canyon Del Rey and downslope from North Fremont Street’s northern edge. North Fremont Street appears to have been built by bridging over an existing intermittent creek with a culvert, and filling Canyon Del Rey. Similarly, south of North Fremont Street, the canyon is thought to have been filled and the creek culvertized, to develop the land for what is now an existing Safeway retail center. A Pacific Gas & Electric (PG&E) power substation is located west of the canyon, with a driveway extending north from North Fremont Street. See Figure 3. Just east of the sidewalk gap, approximately 30 feet from the end of sidewalk is a bus stop made up of a concrete slab extending beyond the sidewalk and bus stop sign.

The Project is located where City of Monterey, City of Seaside, and Caltrans ROW interface. See Figure 4. The Project spans outside of City of Monterey ROW into City of Seaside ROW. In addition, the project affects parcel APN 013-142-005 owned by the City of Seaside within the City of Monterey. The Project will be located outside of Caltrans ROW.

Project Characteristics
The Project consists of a prefabricated steel truss bridge with concrete abutments at either end.

See Figure 5. Construction for the Project would begin with excavating to the bottom of abutment footing/pile cap elevation. If in design, CIDH pile are determined to be needed, then a similar CIDH pile construction sequence as described above, would need to take place. Rebar placement for the abutment footing/pile cap, abutment stem, backwall, and wingwall would follow. Forming of abutment components, pouring concrete, and allowing it to cure would then take place, proceeded by backfilling operations. Simultaneously, while all the on-site work is being done, the steel truss bridge can be fabricated. The steel truss bridge would be prefabricated off-site and shipped in two or three segments to the site, to be assembled and erected into place.

To complete bridge construction, the walkway deck would need to be installed. The walkway Exhibit A
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deck would be a steel grate design to allow water and natural light to pass through. The structure will consist of painted (black) steel, and low-profile lighting is proposed for safety.

The truss would span 130 feet, connecting to improved Class I trail approaches at both ends. Curb and gutter would be replaced along a portion of the road frontage, and two oak trees would require removal. The resulting project, approximately 500 feet in total length, would connect Casanova Avenue to Laguna Grande Park and Canyon Del Rey Boulevard. All work would be performed outside of the riparian/ESHA limits.

Periodic maintenance would be required for the bridge structure. Vegetation would need to be controlled and topped so that it does not overgrow and impact the bridge from below. In addition, occasional repainting of the bridge would be necessary to prolong its lifespan.

Exhibit A
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INITIAL STUDY CHECKLIST

3.1 Project Information

1. Project title:

North Fremont Street Sidewalk Gap Closure Project

2. Lead agency name and address:

City of Monterey, 580 Pacific Street, Monterey, CA 93940

3. Contact person and phone number:

Fernanda Roveri, AICP, Principal Planner, (831) 646-3885

4. Project location:

East edge of north side of North Fremont Street, between Casanova Avenue and Canyon Del Rey Blvd (SR 218) Portions of APN 013-142-004; 013-142-005; 011-381-006; and public right of way in the cities of Monterey and Seaside

5. Project sponsor's name and address:

Same as above

6. General plan designation:

City of Monterey: Parks and Open Space; City of Seaside: Parks and Open Space

7. Zoning:

City of Monterey: Open Space (OS); City of Seaside: Open Space and Recreation (OSR)

8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) Construction of an approximately 130’ prefabricated bicycle and pedestrian bridge to connect an existing gap in the sidewalk along North Fremont Street on the border of the City of Seaside and City of Monterey. The project involves limited ground disturbance and fill for the span’s abutments, curb and gutter improvements, paved sidewalk/trail approaches on each side of the span, and removal of up to four existing oak trees.

9. Surrounding land uses and setting: Briefly describe the project's surroundings:

Active roadway (North Fremont Street), PG&E substation, Canyon Del Rey Boulevard; single family residence; Laguna Grande Park

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)
City of Seaside

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Exhibit A
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A notification of consultation opportunity was emailed on February 8, 2022, to all tribes listed by the Native American Heritage Commission as tribes that are traditionally and culturally affiliated with the geographic area of the Project. Three tribes responded with comments or requests for consultation, and resulting mitigation measures MM 5, MM 6a-b, and MM 9 were included to address stated concerns. Consultations were initiated on February 8, 2022, and concluded on December 16, 2022. Additional information is contained within Section 4.5, Cultural Resources, and 4.18, Tribal Cultural Resources.

NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. ▣ ▣
▣
▣
▣
Exhibit A
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Exhibit A
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North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 9

ENVIRONMENTAL ANALYSIS

4.1 Aesthetics

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic
vista? X
a) Substantially damage scenic resources,
including but not limited to trees, rock
outcroppings, and historic buildings within a
state scenic highway?
X
b) Substantially degrade the existing visual
character or quality of public views of the
site and its surroundings? (Public views are
those that are experienced from publicly
accessible vantage point). If the project is in
an urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
X
c) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area? X
a) Have a substantial adverse effect on a scenic vista? No impact. The Project is located along a heavily traveled roadway (North Fremont Street) with no nearby scenic vistas. There are no elevated, publicly accessible vantage points toward the site that would be considered scenic vistas.
b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?
Less than significant impact. North Fremont Street is not a state scenic highway, and there are no historic buildings or rock outcroppings on or adjacent to the immediate Project area. The only potentially scenic resource in the immediate vicinity of the Project are the trees and brush associated with the oak woodland and riparian habitat adjacent to North Fremont Street.

Exhibit A
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The construction of the truss bridge will require minor grading for abutments and will require the removal of up to four oak trees within the project alignment (see Section 4.4, Biology). The bridge will also span the existing Canyon Del Rey drainage channel, over a stand of riparian vegetation. However, the introduction of the bridge structure will not substantially alter or damage these resources from a visual or aesthetic perspective. The truss bridge is a pedestrian and bicycle facility designed to be compatible with park and open space settings.
c) Substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than significant impact. The Project is located on the interface of an urban environment and public park/undeveloped land near the intersection of two major thoroughfares, North Fremont Street and Canyon Del Rey Boulevard. Photographs of the site from these public viewpoints (roadways) are shown in Figure 6. An additional vantage point is shown from the Laguna Grande Court neighborhood, where a parcel owned by the City of Seaside is fenced and gated from public access. Two private single-family homes accessed from a shared driveway off Laguna Grande Court are the closest structures to the project location and have the clearest, albeit private, view of the Project location.

Based on the existing visual character of the sight and relatively low quality of public views and viewing experience in this location, implementation of the Project will not significantly degrade the existing condition. Figure 7 shows a before and after visualization of the site after implementation. The most prominent visual feature, a bicycle/pedestrian truss span designed to complement the park setting, will be consistent with the existing setting and could be considered a visual enhancement to the immediate area.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than significant impact. The truss bridge and access points would have low intensity lighting for nighttime safety. However, this light source will not be substantial, create glare, or affect day or nighttime views in the area.

Exhibit A
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4.2 Agriculture and Forestry Resources

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to non-forest use? X
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Exhibit A
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c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No impact. The Project location is an urban area along an existing roadway. The strip of right of way affected by the Project is not classified as farmland, has no forest land value, would not conflict with agricultural zoning, nor result in other changes that could result in the conversion of farmland.

Exhibit A
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4.3 Air Quality

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan? X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Result in other emissions (such as those
leading to odors adversely affecting a
substantial number of people?
X
a) Conflict with or obstruct implementation of the applicable air quality plan? Less than significant impact. The Air Quality Plan focuses on reduction of ozone levels within the NCCAB. As identified by the MBARD, emissions of ozone precursors (i.e., nitrogen oxides [NOX]) that conflict with the population projections on which the Air Quality Plan is based, are not accommodated in the Air Quality Plan for ozone and would have a significant cumulative impact unless offset.

The proposed Project would result in the construction and operation of a new trail connection. The Project would not generate additional population, add additional traffic, or add jobs or housing.

Therefore, implementation of the proposed Project would not result in conflicts with or obstruction of implementation of the Air Quality Plan. MBARD guidance for analysis of air quality impacts of planning documents consists of assessing consistency with the Air Quality Plan. This analysis is presented below and indicates no impact for ozone and ozone precursors, such as NOX.

In addition, the proposed Project’s construction and operation emissions would not exceed MBARD thresholds as noted below. The NCCAB is currently in non-attainment for State ozone and PM10 standards which represents an existing cumulatively significant impact within the NCCAB. Ozone precursors include reactive organic gases (ROG) and NOX. The Project would not exceed quantitative thresholds for either of these ozone precursors. Similarly, PM10 thresholds also would not be exceeded Exhibit A
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for construction or operation of the Project. Therefore, the Project would not make a considerable contribution to this existing, cumulatively significant impact. Impacts would be less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less than significant impact. Project construction activities would generate short-term emissions of criteria air pollutants. The criteria pollutants of primary concern within the Project area include ozoneprecursor pollutants (i.e., ROG and NOX) and PM10 and PM2.5. Construction-generated emissions are short term and temporary.

The regional construction emissions associated with development of the proposed Project were calculated using Sacramento Metropolitan Air Quality Management District (SMAQMD)’s Road Construction Emissions Model (Version 9.0.0). For the purposes of the air quality analysis, site disturbance would be approximately 0.2 acres and construction is estimated to be approximately eight months. Total earthwork would include approximately 500 cubic yard (cy) of total fill and 90 cy of total cut including excavation. This would result in approximately 410 cy of import. Typical construction detail equipment includes cement and mortar mixers, graders, scrapers, rollers, pavers, tractors, loaders, and air compressors. The MBARD employs only one quantitative threshold in connection with the abovereferenced criteria air pollutants to determine construction-related air quality impacts: it uses a threshold of 82 lbs/day of PM10 for determining significance of construction-related emissions. Table 1:

Project Construction Emissions, shows construction emission.

Table 1: Project Construction Emissions
Emissions Source
Pollutant (pounds/day)
ROG NOx CO SO2 PM10 Total PM2.5 Total
2021 9.91 113.65 71.52 0.18 6.49 4.48
Threshold --- --- --- --- 82 ---
Exceed Threshold NA NA NA NA No NA
Source: SMAQMD Road Construction Emissions Model v. 9.0.0 and Appendix A

1. The reduction/credits for construction emission mitigations are based on mitigation included in CalEEMod and as typically required by the MBARD (Basic Control Measures). The mitigation includes the following: replace ground cover on disturbed areas quickly, water exposed surfaces twice daily, and proper loading/unloading of mobile and other construction equipment.

As shown in Table 1, construction of the proposed Project would result in a maximum of 6.49 lbs/day of PM10, which is below the MBARD threshold of 82 lbs/day of PM10. Further, the proposed Project would be required to comply with MBARD’s dust control rules. Therefore, impacts would be less than significant, and no mitigation would be required.

Long-term operational emissions are typically attributed to vehicle trips (mobile emissions), the use of natural gas (energy source emissions), and consumer products, architectural coatings, and landscape maintenance equipment (area source emissions). Implementation of the proposed Project would result in a new trail connection. The Project would not generate additional population, add additional traffic, Exhibit A
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North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 15
add stationary sources, or add jobs or housing. Therefore, operational emissions are less than significant and no mitigation is required.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than significant impact. The Project will result in no mobile source emissions. Temporary emissions form construction equipment and construction methods will be limited in scope. The nearest homes, in the Casanova neighborhood, will not experience substantial concentrations during work hours.

Under CEQA, residences, schools, daycare centers, and healthcare facilities, such as hospitals, or retirement and nursing homes, are considered sensitive receptors. The nearest sensitive receptor to the Project site is located approximately 25 feet north of the site. The proposed Project would result in the construction and operation of a new trail connection. The Project would not generate additional population, add additional traffic, or add jobs or housing. Therefore, the Project would not result in a substantial increase in traffic-related pollutant concentrations that could affect sensitive receptors.

Further, the dust and equipment exhaust emissions during construction would be minimal and would be controlled by compliance with MBARD Rule 400 (Visible Emissions). Rule 400 limits discharge of visible air pollutant emissions into the atmosphere from any emission source for a period or periods aggregating more than three minutes in any one hour, as observed using an appropriate test method, prohibited.

Construction and Operation Period Toxic Air Contaminant Impacts A toxic air contaminant (TAC) is an air pollutant that may cause or contribute to an increase in mortality or serious illness, or that may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air; however, their high toxicity or health risk may pose a threat to public health even at low concentrations. The health risk associated with high concentrations of diesel exhaust PM10 from construction equipment has a carcinogenic and chronic effect, but no short-term acute effect is currently recognized. The Project could potentially expose sensitive receptors to temporary health hazards associated with TACs due to the operation of construction equipment. However, concentrations of mobile source diesel particulate matter would only be present during temporary construction activities, and as previously shown in Table 1, PM10 emissions associated with construction activities would be well below the 82 lbs/day threshold established by MBARD. Furthermore, the Project operation emissions were negligible; therefore, no operational TAC impacts would occur. Compliance with MBARD recommended dust control measures would further reduce PM10 emissions. The health risk associated with construction emissions would be less than significant and no mitigation is required. d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
No impact. Construction activities associated with the Project may generate detectable odors from heavy duty equipment (i.e., diesel exhaust), as well as from architectural coatings and asphalt offgassing. Any construction-related odors would be short-term in nature and cease upon Project completion. The nature of the Project as a trail gap closure would not result in other odors that would affect people in the area. Therefore, no impacts would occur.

Exhibit A
Packet Page 182
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 16
Standard Conditions and Requirements
AQ SC-1: MBARD Rule 400 – Visible Emissions. Project applicants shall not discharge of visible air pollutant emissions into the atmosphere from any emission source for a period or periods aggregating more than three minutes in any one hour, as observed using an appropriate test method, is prohibited.

AQ SC-2: MBARD Fugitive Dust Control. Although the Project would not exceed thresholds of significance for PM10, MBARD recommends the use of the following Best Management Practices for the control of short-term construction generated emissions in any event:
▪ Water all active construction areas at least twice daily. Frequency should be based on the type of operation, soil, and wind exposure.
▪ Prohibit all grading activities during periods of high wind (over 15 mph). ▪ Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days). ▪ Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut and fill operations and hydroseed area.
▪ Haul trucks shall maintain at least 2'0" of freeboard. ▪ Cover all trucks hauling dirt, sand, or loose materials. ▪ Plant vegetative ground cover in disturbed areas as soon as possible. ▪ Cover inactive storage piles.
▪ Install wheel washers at the entrance to construction sites for all exiting trucks. ▪ Pave all roads on construction sites. Sweep streets if visible soil material is carried out from the construction site.
▪ Post a publicly visible sign which specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the Monterey Bay Air Resources District shall be visible to ensure compliance with Rule 402 (Nuisance). ▪ Limit the area under construction at any one time.

Exhibit A
Packet Page 183
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 17

4.4 Biological Resources

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
X
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
X
Exhibit A
Packet Page 184
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 18
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Less than significant impact. The project is located on the edge of Laguna Grande Park. Some portions of the park have high biological value; however, the portion immediately adjacent to North Fremont Street is highly disturbed and regularly maintained. 1 Much of this area is denuded or sparsely vegetated with weedy plant species. The remainder of the area consists of degraded riparian and oak woodland communities and a horticultural garden planted with native and non-native plants, shrubs and trees. See Figure 8, Vegetation Communities.

Canyon Del Rey Creek runs through the project site and supports a highly degraded riparian corridor.

The riparian area within the project site has been significantly disturbed as a result of adjacent development, stormwater infrastructure maintenance, and on-going management efforts specific to homeless encampments. Riparian vegetation comprises about 0.37 acres near the project site.

The oak woodland community near the project site is dominated by coast live oak trees and acacia trees, with an understory of blackberry and English ivy. The Acacia, a non-native species, has recently invaded the oak woodland community and is co-dominant with coast live oak. Approximately 1.3 acres of oak woodland was documented near the project site; however, this community is north of and not affected by the project’s impact area.

The horticultural garden near the project site (located at the corner of North Fremont Street and Canyon Del Rey Boulevard is planted with species such as coast live oak, sage, and two buckwheat species.

These buckwheat species are the host plants of the federally Endangered Smith’s blue butterfly (SBB).

However, these buckwheat plants were planted in an urban landscape and are isolated from other populations of suitable habitat for SBB. Additionally, the nearest occurrence of SBB is nearly on mile from this population (CDFW, 2019), and dispersal data from capture-recapture studies indicate that most adults have a home range of no more than a few acres. As such, SBB is unlikely to utilize the nearby buckwheat population. The project’s limits of construction will also avoid this population.

No other special status species were identified within the project site or are expected to occur within the site due to lack of suitable habitat and the urbanized and degraded nature of the site. For these reasons, the project will not significantly degrade habitat that supports such species and impacts would be less than significant based on CEQA thresholds.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Less than significant with mitigation incorporated. The project could result in impacts to riparian habitat, waters of the U.S. and/or state. The project area lies within the California Coastal Zone (Coastal zone), including portions of the Seaside Coastal Zone’s Laguna Grande Subarea and the Monterey Coastal Zone. Currently, the City of Seaside has a certified Local Coastal Program (LCP) while the City of 1 Denise Duffy & Associates, August 2019
Exhibit A
Packet Page 185
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 19
Monterey’s LCP is currently undergoing a comprehensive update. The LCPs from both agencies address coastal resources, including the protection of biological and wetland resources.

Riparian habitat is regulated by the California Department of Fish and Wildlife (CDFW) under the Lake and Streamed Alteration Program and is also potentially and Environmental Sensitive Habitat Area (ESHA) where it occurs within the Coastal Zone. Oak woodland habitat is also potentially EHSA under the Seaside Land Use Plan and is protected under both cities’ tree removal ordinances.

Canyon Del Rey Creek is potentially a water of the U.S. and/or waters of the state, which are regulated under the Clean Water Act by the Army Corps of Engineers (ACOE) and the Regional Water Quality Control Board (RWQCB), respectively. Within the Coastal Zone, waters of the U.S. and state are also potentially ESHA. No wetlands were identified within the project site.

Although the project design avoids the riparian habitat and Canyon Del Rey Creek, the following mitigation measure will ensure that adequate safeguards are in place to protect these resources during construction.

MM 1 Fencing and Monitoring. Riparian habitat and potential waters of the U.S. and State shall be avoided during construction with protective fencing. A biological monitor will supervise the installation of protective fencing and monitor at least once per week until construction is complete to ensure that fencing remains intact and work crews are properly avoiding the habitat area. If all riparian areas and waters are avoided, no additional mitigation is necessary.

MM 2 Construction Best Practices. To protect water quality and riparian vegetation during construction, the following measures shall be included on the construction specifications and documents:
• Project contractor shall ensure that trenching, excavating, backfilling and other activities that involve substantial soil disturbance adjacent to riparian vegetation and Canyon Del Rey Creek are planned and implemented with a qualified hydrologist, engineer or erosion control specialist, and shall utilize standard erosion control techniques to minimize erosion and sedimentation near sensitive areas. • Stationary equipment such as motors, generators, and welders located within 100 feet of the creek shall be stored overnight at staging areas and shall be positioned over drip pans.
• No debris, soil, silt, sand, oil, petroleum products, cement, concrete or washings thereof shall be allowed to enter, or be placed where they may be washed by rainfall or runoff, into riparian areas or Canyon Del Rey Creek. • All construction debris and associated materials shall be stored in staging areas and shall be removed from the work site upon completion of the project. • Cleaning or refueling of equipment shall take place within turnouts or staging areas at least 50 feet from riparian areas and Canyon Del Rey Creek. • All refueling shall be conducted over plastic bags filled with sawdust or other highly absorbent material. Clean-up materials for spill shall be kept on hand at all times.

Any accidental spills of fuel or other contaminants shall be cleaned up immediately.

Exhibit A
Packet Page 186
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 20
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological? Less than significant impact. Canyon Del Rey Creek is a potential water of the U.S. and is addressed under b) above. No other wetlands were identified in the project area. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than significant with mitigation incorporated. The project could interfere with the movement of migratory wildlife (avian) species during construction, but would not interfere with native terrestrial species or wildlife corridors. Individual oak trees that would be removed for the project are close to the roadway, isolated specimens, and not within denser oak woodland habitat nearby. Nonetheless, these trees could provide foraging and roosting opportunities for migratory birds. To ensure that impacts to nesting birds are avoided, the project shall implement the following mitigation measure. Trees to be removed are shown in Figure 9.

MM 3 Preconstruction Bird Surveys. The applicant shall schedule all on-site tree removal and grading to occur between August 31th and March 1st of any given year to avoid the Central Coast bird nesting season. If this schedule is not practical, the project sponsor shall fund the engagement of a qualified biologist to conduct preconstruction nesting bird surveys no more than two weeks prior to removal of trees and grading. If no active bird nests are observed, no additional measures are required. If nesting birds are observed, the biologist will establish a buffer zone where no tree removal or grading will occur until the biologist confirms that all chicks have fledged. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than significant with mitigation incorporated. The project will require the removal of up to four mature live oak trees, located in the City of Monterey and City of Seaside. Removal of oak trees is regulated by the ordinances of both cities.

MM 4 Tree Replacement. Prior to removal of oak trees, the lead agency shall follow the tree removal permit process of both Monterey and Seaside. Upon completion of construction, final site work shall include oak tree replacement at a 1:1 ratio, or as specified by local tree ordinances.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No impact. The project site is not subject to any such adopted plans. While the City of Seaside LCP and Implementation Plan identifies a 50-foot setback of development from ESHA areas, this requirement does not apply if such a setback is infeasible, and/or if “development” is a public recreational facility such as trail. Both of these exemptions apply.

Exhibit A
Packet Page 187
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 21

4.5 Cultural Resources

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in
the significance of a historical resource
pursuant to in § 15064.5?
X
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to § 15064.5?
X
c) Disturb any human remains, including
those interred outside of dedicated
cemeteries?
X
a) Cause a substantial adverse change in the significance of a historical resource pursuant to in § 15064.5?
No impact. A Phase I Archaeological Survey was conducted for the North Fremont Pedestrian, Bicycle, and Transit Project (Archaeological Consulting, December 2014). The area containing the “sidewalk gap” was part of that project, and therefore was reviewed by this assessment. The 2014 assessment concluded that no historical resources were present and site conditions have not substantially changed.

As a result, there would be no impact or substantial adverse change to a historical resource. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
c) Disturb any human remains, including those interred outside of dedicated cemeteries? Less than significant with mitigation incorporated. The Phase I Archaeological Survey concluded that the project area of potential effect (APE) contains no evidence of significant cultural resources, and that the project should not be delayed for archaeological resources (see also Section 4.18, Tribal Cultural Resources, associated mitigation measure MM 9). Although no historical or archaeological resources were located on the project site, the region in which the site is located is known to have been occupied by native peoples. Additionally, because the possibility of previously unidentified (buried) cultural resources can be found during any earth disturbance, the following standard mitigation measures have been included:

MM 5 Cultural Awareness Training. Prior to commencing any ground disturbing work at the project site, construction managers and personnel shall participate in cultural and tribal Exhibit A
Packet Page 188
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 22
sensitivity training conducted by a qualified archaeologist approved by the City of Monterey Planning Division. At minimum, the training shall explain (1) applicable statutes, regulations, and enforcement provisions; (2) the prehistoric and historic environment setting and context, including information regarding the local tribal groups; and (3) what prehistoric and historic archaeological deposits look like at the surface and when exposed during construction. Construction personnel shall not be permitted to operate equipment within the project area unless they have attended the training. A list of names of all personnel who attended the training shall be submitted to the City of Monterey Planning Division.

MM 6a Discovery of Cultural Resources. During project construction, if any archeological, paleontological, or tribal resources (e.g., evidence of past human habitation or fossils) are found, the project applicant and/or its contractor shall cease all work within 50 feet of the discovery and notify the City of Monterey Planning Division immediately. Cultural and/or tribal cultural resources may include prehistoric archaeological materials such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock, as well as historic materials such as glass, metal, wood, brick, or structural remnants. The project applicant and/or its contractor shall retain a qualified archaeologist, or paleontologist if applicable, to evaluate the finds and, subject to review and approval by the City, develop appropriate treatment measures for the inadvertently discovered resources. Such measures may include avoidance, preservation in place, excavation, documentation, curation, or other appropriate measures. (Health and Safety Code Section 7050.5). The City shall consult with appropriate Native American representatives in determining appropriate treatment measures for unearthed cultural resources if the resources are prehistoric or Native American in nature.

MM 6b Discovery of Human Remains. If human remains or cultural resources associated with a burial (i.e. grave goods) are discovered during construction, the project applicant and/or its contractor shall immediately cease all ground disturbing work on the site and all work within 50 feet of the find and notify the City of Monterey Planning Division and the Monterey County Coroner, according to California Health and Safety Code Section 7050.5.

If the Coroner determines the remains to be Native American, the Coroner shall notify the Native American Heritage Commission. All involved parties shall follow the procedures in CEQA Guidelines Section 15064.5(d) and (e) and Public Resources Code section 5097.98. The Commission will designate a Most Likely Descendant (MLD) who will be authorized to provide recommendations for management of the Native American human remains and any associated materials or objects (Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5). Authorization to resume construction shall only be given by the City after consultation with the most likely descendent and shall include implementation of all appropriate measures to protect any possible burial sites or human remains.

Exhibit A
Packet Page 189
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 23

4.6 Energy

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
X
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
X
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than significant impact. The Pacific Gas & Electric Company (PG&E) provides electricity and natural gas service to the Project area. The proposed Project would enhance pedestrian and bicycle safety, and increase connectivity and mobility. The Project would result in a nominal increase in electricity and natural gas demand. This nominal increase represents an insignificant percent increase compared to overall demand in PG&E’s service area. Therefore, projected electrical and natural gas demand would not significantly impact PG&E’s level of service.

During construction, transportation energy use depends on the type and number of trips, vehicle miles traveled, fuel efficiency of vehicles, and travel mode. Transportation energy use during construction would come from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel and/or gasoline. The use of energy resources by these vehicles would fluctuate according to the phase of construction and would be temporary. Most construction equipment during demolition and grading would be gas-powered or diesel-powered, and the later construction phases would require electricity-powered equipment.

Impacts related to transportation energy use during construction would be temporary and would not require expanded energy supplies or the construction of new infrastructure; impacts would not be significant.

During operations, energy consumption associated with the sidewalk gap closure would be nominal.

Furthermore, the Project site and surrounding areas are highly urbanized with numerous gasoline fuel facilities and infrastructure. Consequently, the proposed Project would not result in a substantial demand for energy that would require expanded supplies or the construction of other infrastructure or expansion of existing facilities. Additionally, fuel consumption associated with vehicle trips generated by Exhibit A
Packet Page 190
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 24
the proposed Project would not be considered inefficient, wasteful, or unnecessary. The proposed Project would not result in wasteful, inefficient, or unnecessary consumption of energy resources.

Therefore, impacts are considered less than significant, and no mitigation is required. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than significant impact. The Project is an infrastructure improvement that would utilize almost no energy, except what may be required for low intensity safety lighting. The Project would not generate any new automobile traffic or require energy use. Additionally, as discussed further in Threshold 4.8 (b), the proposed Project would be consistent with the California Air Resources Board (CARB) Scoping Plan measures as well as the overall goals of the Monterey Climate Action Plan (2016). AMBAG’s 2040 Metropolitan Transportation Plan/Sustainable Communities Strategy (MTP/SCS) establishes GHG emissions goals for automobiles and light-duty trucks for 2020 and 2035 as well as an overall GHG target for the project region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of EOs 5-03-05 and B-30-15. The levels of fuel consumption and GHG partly result from the region’s reliance on petroleum-based gasoline and diesel fuels, as well as the average fuel efficiency of vehicles. The Project is consistent with regional strategies to reduce passenger vehicle miles traveled (VMT). The proposed Project is a trail connection, which would not generate new trips in the Project area, thus reducing congestion and energy consumption. The Project would not conflict with the stated goals of the MTP/SCS. Therefore, the Project would not interfere with AMBAG’s ability to achieve the region’s post-2020 mobile source GHG reduction targets (and thus reduce energy consumption) outlined in the 2040 MTP/SCS. Potential impacts are considered less than significant, and no mitigation is required.

Exhibit A
Packet Page 191
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 25

4.7 Geology and Soils

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.

X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure,
including liquefaction?
X
iv) Landslides? X
b) Result in substantial soil erosion or the loss
of topsoil?
X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
risks to life or property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
X
Exhibit A
Packet Page 192
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 26

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
X
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No impact. According to readily available fault zone mapping, the Project location is not subject to rupture of a known earthquake fault.
ii. Strong seismic ground shaking?
Less than significant impact. The Project is an infrastructure facility that is not occupied. Although the structure (and surroundings) could be subject to seismic ground shaking during an earthquake, the Project will not directly or indirectly cause adverse effects (such as injury or death) due to shaking. The structure will need to be designed to current structural codes to address the potential for ground shaking and structure stability.
iii. Seismic-related ground failure, including liquefaction? Less than significant impact. According to a geotechnical evaluation conducted for North Fremont improvements (North Fremont Street Improvements, Monterey, CA, Geotechnical Exploration, ENGEO, November 2016), local soils in the vicinity of the Project consist of non-engineered fill associated with the filling of Canyon Del Rey when the area was developed. However, based on the exploration findings, ENGEO found the probability of seismic hazards, such as ground failure, liquefaction and lateral spreading, to be low. ENGEO also provides the opinion that the proposed improvements will not be affected by expansive soils.
iv. Landslides?
Less than significant impact. While the project will span a hillside below, its abutments will be engineered and anchored. The presence of a bridge structure in this location will not cause potential significant adverse effects to people or property.
v. Result in substantial soil erosion or the loss of topsoil? Exhibit A
Packet Page 193
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 27
Less than significant impact. The Project will require 500 cy of total fill and 90 cy of total cut including excavation (approximately 410 cy of import) of material for surface grading and structure footings.

Construction and water quality best practices as required by existing codes and regulations will limit erosion on the relatively small construction footprint of the project. Design features such as footing placement away from slopes and footing depths will minimize erosion during and following construction.
b) Result in substantial soil erosion or the loss of topsoil? Less than significant impact. As discussed above, construction and water quality best practices as required by existing codes and regulations will limit erosion on the relatively small construction footprint of the project. All abutments will be engineered and anchored. Design features such as footing placement away from slopes and footing depths will minimize erosion during and following construction. Also, since the Project is not on agricultural lands, loss of topsoil at the site is less of a concern.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than significant impact. See a) iii above.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than significant impact. See a) iii above.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No impact. The Project will not generate or dispose of wastewater. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than significant impact. According to ENGEO, the local soils are primarily non-engineered fill material. There are no rock outcroppings or geologic features that will be disturbed or destroyed by the construction footprint, and thus the risk of impact is considered less than significant.

Exhibit A
Packet Page 194
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 28

4.8 Greenhouse Gas Emissions

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
X
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
X
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than significant impact. Similar to the findings under Air Quality, the Project will have no operational impacts. Construction impacts will be of short duration and will not directly or indirectly trigger any greenhouse gas emission thresholds.

Construction GHG emissions were estimated using Sacramento Metropolitan Air Quality Management District (SMAQMD)’s Road Construction Emissions Model (Version 9.0.0). For the purpose of this environmental analysis, Project construction is expected to occur over an approximately eight-month period. Construction activities would include land clearing, grading, drainage/utilities, and paving.

Although neither the City of Monterey nor the MBARD has adopted GHG emission significance thresholds, the Project’s estimated GHG emissions (about 821.10 MT/ CO2e year) are well below the significance threshold of 1,100 MTCO2e per year used in neighboring air districts and the 2,000 MT of CO2e/year threshold that had been under consideration by the MBARD. Further, annual construction would total 27.4 MTCO2e per year when amortized over a project lifetime of 30 years. The proposed Project’s GHG emissions would be below the 2,000 MTCO2e/year threshold currently being considered by MBARD, therefore impacts would be less than significant. Construction GHG emissions would be less than significant and no mitigation is required.

Implementation of the proposed Project would result in a new trail connection. The Project would not generate additional population, add additional traffic, add stationary sources, or add jobs or housing.

Operationally, the Project would have no GHG emissions. Therefore, impacts would be less than significant. Operational GHG emissions would be less than significant and no mitigation is required.

Exhibit A
Packet Page 195
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 29
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than significant impact. The Project would provide an important bicycle and pedestrian connection not only to the adjacent sidewalks but also to the future FORTAG trail nearby. Encouraging nonmotorized transportation and enhancing opportunities for access to trail networks is consistent with the Coastal Act, local city circulation plans, and MBARD polices. The proposed Project would comply with all MBARD applicable rules and regulations during construction and would not interfere with the State’s goals of reducing GHG emission to 1990 levels by 2020 as stated in AB 32; a 40 percent reduction below 1990 levels by 2030 as noted in SB 32; and, an 80 percent reduction in GHG emissions below 1990 levels by 2050 as stated in EO S-3-05. Therefore, the proposed Project would have a less than significant impact on GHG emissions.

Exhibit A
Packet Page 196
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 30

4.9 Hazards and Hazardous Materials

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
X
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
X
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
X
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project
result in a safety hazard or excessive noise
for people residing or working in the project
area?
X
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
X
Exhibit A
Packet Page 197
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 31

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
X
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than significant impact. The sidewalk gap closure project will result in the incidental use of hazardous materials (such as fuels for construction equipment) to construct the truss bridge and abutments. However, the construction and installation of this structure will not result in significant risk due to the transport of hazardous materials and will not result in the disposal or routine use of such materials. As a static bridge structure, the project will no create upset conditions or risk of accidental releases of hazardous materials.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No impact. The project will not emit or handle hazardous or acutely hazardous materials or substances, and is not located within one-quarter mile of a school (Google Maps, 2019). d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No impact. A search of the Envirostor database concluded that the Project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No impact. The Project is located within two miles of Monterey Regional Airport; however, it is a bridge structure and pathway that will not result in people working or residing in the area that could create a safety hazard.

Exhibit A
Packet Page 198
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 32
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No impact. The project is a bridge structure and pathway that could not interfere with any emergency response or evacuation plans. The project would likely provide increased safety and pedestrian mobility off of the roadway if there were a local emergency.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less than significant impact. The Project is located at the south edge of Laguna Grande Park. The land area immediately adjacent to the truss bridge and pathway is currently undeveloped, consisting of grassland and sparse oak woodland. It is possible for these grasslands and park lands could be subject to wildland fire. The project would not expose people to a significant risk of loss, injury or death; however, the truss bridge structure itself, once constructed, could sustain losses in such a fire. This risk reflects the existing environmental condition, and the project would not cause any significant impacts upon construction.

Exhibit A
Packet Page 199
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 33

4.10 Hydrology and Water Quality

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Violate any water quality standards or
waste discharge requirements or otherwise
substantially degrade surface or ground
water quality?
X
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the project
may impede sustainable groundwater
management of the basin?
X
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:

X
i. Result in substantial erosion or
siltation on- or off-site? X
ii. Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite?
X
iii. Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff?
X
iv. Impede or redirect flood flows? X
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
X
Exhibit A
Packet Page 200
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 34

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
X
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than significant impact. The project will require a small area of ground disturbance for construction of abutments, and approximately 5,560 square feet of additional impervious surface at each bridge approach where it connects to the existing sidewalk system and the new bridge. The quantity of surface area is above the threshold for stormwater treatment, however the project is exempt from the stormwater permit per section B.1.b.ii since stormwater flows from the new impervious areas will drain to a landscaped area on North Fremont, and project construction will require a range of typical BMPs to prevent impacts to surface water quality consisting of inlet protection, hydroseeding disturbed slopes, fiber rolls, and silt fences to protect sensitive areas. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
No impact. The Project will result in no water demand and therefore will not decrease groundwater supplies.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site? Less than significant impact. As noted above, project construction will require some earth moving and excavation for the bridge abutments and connection. However, the Project will be required to incorporate several BMPs into the project plans and implement those measures during construction, as already required by the City’s stringent stormwater measures. ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
Less than significant impact. The Project will result in an incidental increase in impervious surface that will be controlled by storm drain infrastructure constructed as part of the larger North Fremont roadway Exhibit A
Packet Page 201
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 35
improvements. Changes to the rate and amount of surface runoff will be negligible, and certainly will not increase to the point of causing flooding.
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
Less than significant impact. Existing storm drain facilities have been constructed in the immediate vicinity of the bridge project. As a bicycle and pedestrian bridge, the Project will not result in substantial sources of polluted runoff or exceed the capacity of exiting storm drain systems. iv. Impede or redirect flood flows?
No impact. The nearest drainage is Canyon Del Rey, directly below the proposed span, which receives flows from upstream through a culvert under North Fremont Boulevard. The Project will span this existing facility and will not impede or redirect existing flows in any way. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
No impact. The site is not in a flood hazard, tsunami or seiche zone, and any inundation – if it occurred – would not release pollutants from the project.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than significant impact. As identified above, the Project will be subject to the city’s stringent water quality control measures during construction, and will have no effect on groundwater resources.

Exhibit A
Packet Page 202
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 36

4.11 Land Use and Planning

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Physically divide an established
community? X
b) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
X
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No impact. As a trail and truss structure intended to bridge an existing gap in connectivity, the Project will not physically divide the community and in fact should result in beneficial impacts by providing a safe route for non-motorized travel between the Casanova neighborhood and nearby commercial areas.

Completing the Project and connecting the sidewalk gap in this location is consistent with the circulation elements of both the City of Seaside and City of Monterey general plans, as the Project will improve safety and connectivity. Recognizing the policies of the City of Seaside Local Coastal Program for the Laguna Grande sub area, the project has identified and avoids the small area of potential coastal Environmentally Sensitive Habitat Areas (ESHA) below the truss bridge. Consistent with LCP policy and provisions of the Coastal Act, environmental conditions have been verified on the ground to determine the location and quality of resources, and those resources have been avoided to the greatest extent feasible through project design (NCR-CZ 1.2.B).

The Seaside LCP contains specific policies for the Laguna Grande Area relative to protection of visual resources, vegetation management, water quality management, and public access and recreation. The Project is wholly consistent with public access and recreation policies (PAR-LG 1.1.A, B, and C), which seek to enhance pedestrian and bicycle connectivity to existing recreational and open space areas within the Coastal Zone. Visual resource policies (NCR-LG 2.1.A and B) address “building height” and bulk, viewshed improvements around the park, and call for local “gateway guidelines” along the Fremont Corridor adjacent to Laguna Grande Park. As a pathway and truss bridge, the Project will be consistent with these policies. The Project will serve as a visually inviting structure that calls attention to pathways Exhibit A
Packet Page 203
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 37
and recreational opportunities, and may also serve as a visual “gateway” feature for southern end of the park. The project will also provide residents a better connection to the regional FORTAG trail system.

The City of Monterey is currently preparing a comprehensive update to its Local Coastal Program. Until that plan is completed and adopted, projects within the City’s coastal zone are regulated by the existing (1980s) LCP as periodically amended, and the California Coastal Act. As a project that avoids environmentally sensitive areas, will not affect water quality, provides enhanced coastal access and will not affect visual resources, the Project is consistent with the City’s LCP and Coastal Act. The Project will have no impact with the relevant provisions of these plans.

Exhibit A
Packet Page 204
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 38

4.12 Mineral Resources

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
X
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific
plan or other land use plan?
X
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No impact. The Project location and nature of the improvements will result in no impacts with respect to mineral resources. There are no known mineral resources located within the area of ground disturbance.

Exhibit A
Packet Page 205
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 39

4.13 Noise

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
X
b) Generation of excessive groundborne
vibration or groundborne noise levels? X
c) For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose
people residing or working in the project
area to excessive noise levels?
X
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less than significant impact with mitigation incorporated. The Project would involve construction activities which would be temporary and have a short duration resulting in periodic increases in the ambient noise environment. Construction would begin in early-2021 and last approximately eight months, with the noisiest construction phases (earth moving and construction of abutments) estimated at four months or less. Construction activities would require the use of graders, scrapers, tractors, bulldozers, backhoes, dozers, air compressors and other typical equipment. At a distance of 25 feet, construction noise levels would range between 82 dBA and 94 dBA2. The loudest equipment at 94 dBA at 25 feet would be a crane and jack hammer. Additionally, the crane would be used for only an estimated two days to place the bridge. The remaining construction equipment is an average of 88 dBA at 25 feet. Construction activities would be temporary and would not produce excessive levels of noise with implementation of standard conditions and measures (i.e., replacing construction machinery to be 2 Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, September 2018.

Exhibit A
Packet Page 206
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 40
equipped with properly operating noise attenuation devices, designating haul routes away from sensitive receptors, and locating staging areas away from receptors).

The City prohibits construction noise between 7:00 p.m. and 7:00 a.m. Monday to Friday, and 6:00 p.m. to 8:00 a.m. Saturday and 5:00 p.m. to 10:00 a.m. Sunday. The permitted hours of construction recognize that construction activities undertaken during daytime hours are a typical part of living in an urban environment and do not cause a significant disruption. Adherence to the City’s allowable hours of construction would ensure construction noise would be less than significant. Implementation of Mitigation Measure 7 which requires best practices, such as placing construction equipment as far as possible from sensitive receptors and using mufflers, would reduce construction noise impacts on adjacent noise-sensitive land uses to a less than significant level.

Operationally, the Project would include a trail and therefore would not generate new vehicle trips.

Therefore, the Project would not result in a traffic-related noise increase, thus, potential impacts associated with mobile source noise would be less than significant. Additionally, the Project would not introduce new stationary noise sources into the area. Impacts would be less than significant and mitigation measures are not required for operation of the bridge. b) Generation of excessive groundborne vibration or groundborne noise levels? Less than significant impact with mitigation incorporated. Project construction can generate varying degrees of groundborne vibration depending on the construction procedure and type of construction equipment used. The effect on buildings located near a construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver buildings. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Groundborne vibrations from construction activities rarely reach levels that damage structures. The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations (i.e., 0.20 inch/second). Groundborne vibration decreases rapidly with distance. Based on the FTA data, vibration velocities from typical heavy construction equipment operations that would be used during Project construction range from 0.003 to 0.210 inches per second peak particle velocity (PPV) at approximately 25 feet from the source of activity. The nearest sensitive receptors to the Project site is approximately 25 feet north of the Project site. Vibration from construction activities experienced at the nearest sensitive residential uses (25 feet) would range between 0.003 and 0.21 inches per second PPV for non-pile driving equipment. The maximum vibration from construction equipment would be the vibratory roller at 0.21 inches per PPV at 25 feet. This would exceed the 0.20 inches per second PPV threshold from the FTA. Implementation of Mitigation Measure 8 would require vibratory rollers to operate more than 20 feet from structures. With implementation of Mitigation Measure 8, vibration from construction activities experiences at the nearest adjacent building would be reduced below the

0.2 inches per second PPV threshold. Impacts would be less than significant.

Operations of the trail would not generate groundborne vibration that could be felt at surrounding uses.

The Project would not involve railroads or heavy truck operations, and therefore would not result in vibration impacts at surrounding uses. The Project would not generate excessive groundborne vibration during construction or operations. Impacts would be less than significant and mitigation measures are not required.

Exhibit A
Packet Page 207
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 41
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No impact. The Monterey Regional Airport is located approximately 0.4 miles south of the proposed Project site. The Project is located outside the 65, 70 and 75 dBA CNEL contours for aircraft activities associated with Airport. Therefore, the proposed Project would not be exposed to aircraft overflight noise that exceeds the City’s exterior noise exposure thresholds. There are no private airstrips within the Project site vicinity, thus, no impact would occur in this regard.

Mitigation Measures
MM 7: Prior to the initiation of construction, the City of Monterey City Engineer shall ensure that all project plans and specifications stipulate that:
▪ All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers;
▪ Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible;
▪ During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers; ▪ During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors; and
▪ Operate earthmoving equipment on the construction site, as far away from vibration sensitive sites as possible.

MM 8: Prior to the issuance of a grading permit, the City’s Building Division shall confirm that vibratory rollers capable of generating vibration levels above 0.2 inches per second PPV shall not be used within 20 feet of adjacent residences. If the contractor can demonstrate that vibratory rollers have vibration levels of less than 0.2 inches per second PPV, then they shall be allowed to operate within the 20-foot buffer zone.

Exhibit A
Packet Page 208
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 42

4.14 Population and Housing

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
X
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No impact. The Project is an infrastructure improvement that will not result in population growth or displace existing housing.

Exhibit A
Packet Page 209
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 43

4.15 Public Services

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project result in:
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:
i) Fire protection? X
ii) Police protection? X
iii) Schools? X
iv) Parks? X
v) Other public facilities? X
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?
Exhibit A
Packet Page 210
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 44
No impact. The Project is an infrastructure improvement that will not generate additional demand or affect performance standards for fire protection, police protection, schools or other public facilities.

Even though the pathway and truss bridge are adjacent to Laguna Grande Park, the Project will not result in the need for new or physically altered park facilities elsewhere. For these reasons, the Project will have no environmental effect on existing public services.

Exhibit A
Packet Page 211
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 45

4.16 Recreation

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
X
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
X
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than significant impact. The Project would not generate additional population near existing parks and recreational facilities such as Laguna Grande Park. An increase in people is typically what causes increased use and deterioration of existing facilities. Connecting the sidewalk gap in this location may allow pedestrians or cyclists to more easily access the park, but any increase in usage would be incidental and less than significant.

The Project is a trail segment and truss bridge which may be used for recreational purposes. The physical effects of constructing the project are addressed throughout this Initial Study.

Exhibit A
Packet Page 212
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 46

4.17 Transportation

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
X
b) Would the project conflict or be
inconsistent with CEQA Guidelines section
15064.3, subdivision (b)?
X
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
No impact. One of the primary objectives of the Project is to provide a safe pathway for cyclists and pedestrians to travel along the north side of North Fremont Street. Safe, non-motorized travel along a dedicated pathway in this location is consistent City of Monterey and City of Seaside planning documents, including the respective circulation elements of each jurisdiction’s general plans. As such, the Project will have no significant environmental impacts with respect to program or plan conflicts. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less than significant impact. CEQA Guidelines Section 15064.3 addresses new requirements for analyzing vehicle miles traveled (VMT). Subdivision (b)(2) notes that transportation projects that reduce, or have no impact on, VMT should be presumed to cause a less than significant transportation impact. That is the case for this Project.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Exhibit A
Packet Page 213
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 47
Less than significant impact. One of the primary objectives of the Project is to improve safety along North Fremont by providing a safe pathway for pedestrians and cyclists. The Project will not alter the geometry or operation of North Fremont Street along the right of way and will remove existing dangerous conditions caused by pedestrians and cyclists who currently traverse the “gap” in an unsafe manner immediately adjacent to travel lanes. The pathway will cross in front of the entrance to the PG&E substantiation; however, this driveway is not regularly used and does not pose a significant safety hazard to users of the Project.
d) Result in inadequate emergency access?
No impact. The pathway and truss bridge structure will not require emergency access, and actually may provide enhanced access along North Fremont to emergency responders in the event of a local emergency.

Exhibit A
Packet Page 214
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 48

4.18 Tribal Cultural Resources

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place, cultural
landscape that is geographically defined in
terms of the size and scope of the landscape,
sacred place, or object with cultural value to
a California Native American tribe, and that
is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k)?
X
ii) A resource determined by the lead agency,
in its discretion and supported by substantial
evidence, to be significant pursuant to
criteria set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying
the criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1, the
lead agency shall consider the significance of
the resource to a California Native American
tribe?
X
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i)Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? Exhibit A
Packet Page 215
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 49
ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Less than significant impact with mitigation incorporated. Also see Section 4.5 of this Initial Study (Cultural Resources). The 2014 Phase 1 Archaeological Survey that included the project site resulted in negative findings for archaeological or cultural resources, including tribal resources. However, the City recognizes the potential to uncover buried or previously unidentified resources, and mitigation measures MM 5 and MM 6a-b are in place if such resources are discovered during construction.

Outreach to tribes was conducted in 2014 because the sidewalk gap project was part of a larger package of North Fremont Street roadway improvements that underwent separate CEQA review.

Representatives from several tribes were contacted and informed of the project (Archaeological Consultants, 2014, Appendix C). These tribes included the Amah Mutsun Tribe, Aman Mutsun Tribal Band of Mission San Juan Bautista, Esselen Nation, Coastanoan Rumsen Carmel Tribe, Trina Marine Ruano Family, Indian Canyon Band of Coastanoan, and the Ohlone Coastanoan Esselen Nation.

Pursuant to Public Resources Code section 21080.3.1, outreach to tribes was initiated on February 8, 2022, and concluded on December 16, 2022, exclusively for the North Fremont Street Sidewalk Gap Closure Project, as described in this Initial Study. A notification of consultation opportunity was emailed on February 8, 2022, to all tribes listed by the Native American Heritage Commission as tribes that are traditionally and culturally affiliated with the geographic area of the Project. Three tribes (Indian Canyon Band of Costanoan Ohlone People, Ohlone/Costanoan-Esselen Nation, and Esselen Tribe of Monterey County) responded with comments or requests for consultation, and resulting mitigation measures MM 5, MM 6a-b, and MM 9 were included to address stated concerns. The tribal representatives requested information on any findings during construction, recommended that construction crews be trained in cultural sensitivity, and that a Native American Monitor be present within the project site during ground disturbing activities. These requests are reflected in mitigation measures MM 5 and MM 6a-b (see Section

4.5, Cultural Resources), in addition to MM 9, detailed below, which addresses the presence of a Native American Monitor. With implementation of MM 5, 6a-b, and 9, impacts will be less than significant.

MM 9 Native American Monitoring. At least ten (10) business days prior to conducting ground disturbing activities, the City will notify the three tribes, specifically the Indian Canyon Band of Costanoan Ohlone People, the Ohlone/Costanoan-Esselen Nation, and the Esselen Tribe of Monterey County, who requested to have a Native American monitor on site. Each tribe may designate one monitor to be on site and conduct monitoring during the project. As this is a working construction site, each monitor must sign a release and liability waiver prior to conducting monitoring onsite.

Exhibit A
Packet Page 216
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 50

4.19 Utilities and Service Systems

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
X
b) Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
X
c) Result in a determination by the wastewater
treatment provider which serves or may
serve the project that it has adequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
X
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?
X
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Exhibit A
Packet Page 217
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 51
Less than significant impact. Construction of the Project along the edge of right of way on North Fremont involves minor relocation and configuration of drainage facilities associated with the pathway (see Section 4.10, Hydrology and Water Quality). The Project will have no impact on electric power, natural gas, or telecommunications systems. The PG&E substation is immediately adjacent to the site but will not be affected by the Project.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No impact. The Project will not require a water supply or generate wastewater. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than significant impact. The Project will result in small amounts of solid construction waste but will not create a permanent waste stream. This temporary and limited amount of construction waste will not exceed standards, local infrastructure, or negatively impact solid waste reduction goals and regulations. The solid waste from construction activities will be properly disposed of according to current law.

Exhibit A
Packet Page 218
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 52

4.20 Wildfire

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
X
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
X
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
X
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Exhibit A
Packet Page 219
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 53
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No impact. The Project, a pathway and truss bridge structure, is not located in a state responsibility area or a very high fire severity zone. The Project does not create a source of fire, or exacerbate wildfire risk.

Exhibit A
Packet Page 220
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 54

4.21 Mandatory Findings of Significance

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Does the project:
a) Have the potential to substantially degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to
eliminate a plant or animal community,
substantially reduce the number or restrict
the range of a rare or endangered plant or
animal or eliminate important examples of
the major periods of California history or
prehistory?
X
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects)?
X
c) Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
X
a) Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than significant impact with mitigation incorporated. As addressed under Biological Resources, the City acknowledges that the project is immediately adjacent to an environmentally sensitive habitat Exhibit A
Packet Page 221
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 55
area (ESHA) consisting of a riparian drainage in the coastal zone. However, the Project as designed and mitigated will avoid direct or indirect effects to this area, and therefore will not affect habitat values for fish, wildlife or endangered plant species. As addressed under Cultural Resources and Tribal Cultural Resources, the Project as mitigated will have a less than significant impact on California historic or prehistoric resources.
b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than significant impact. The Project is a unique bridge facility. The incremental effects as described in this Initial Study are largely site specific and will not combine with the effects of other projects to create cumulatively considerable effects. Other nearby or related projects could include the North Fremont Street roadway improvements that have recently been constructed, and the FORTAG regional trail that will be near the project along Canyon Del Rey Boulevard. These projects provide some level of cumulative benefit as they provide opportunities for non-motorized travel. In terms of construction, construction timelines are not concurrent with these projects, limiting the potential to combine to create a cumulatively considerable effect.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than significant impact. As evidenced within this initial study, the Project has little potential to cause adverse effects on human beings from environmental concerns such as air quality, noise or exposure to geologic or hazardous materials risks. The nature of the Project will not generate a new or permanent population that will be exposed to environmental concerns, and the Project will actually improve safety along this portion of North Fremont Street.

Laguna Grande Park, immediately adjacent to the Project, is intermittently occupied by homeless individuals or groups, some of whom camp near the project area. Construction activity in this immediate area could potentially affect encampments or cause some homeless individuals or groups to relocate due to the presence of construction workers and equipment. However, any such activity or interface would not be expected to result in adverse effects to this population, and camping in the park is prohibited.

Exhibit A
Packet Page 222
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 56

REPORT PREPARERS
Lead Agency
City of Monterey
Andrea Renny, P.E., P.T.O.E., Public Works Director
Fernanda Roveri, AICP, Principal Planner
Matthew Buggert, Associate Planner
Consultants
Kimley-Horn and Associates, Inc.
10 Almaden Boulevard, Suite 1250
San Jose, CA 95113
Frederik Venter, P.E., Vice President/Traffic Engineer
Tad Stearn, CEQA Project Manager
Ace Malisos, Technical Manager
Sophia Lai, Environmental Analyst
Noemi Wyss, Environmental Analyst
Denise Duffy & Associates
Josh Harwayne, Consulting Biologist
Exhibit A
Packet Page 223
North Fremont Sidewalk Gap Closure Project
City of Monterey Initial Study/Mitigated Negative Declaration December 2022 Page 57

REFERENCES
Archaeological Consulting. Phase I Archaeological Survey for the North Fremont Pedestrian, Bicycle, and Transit Project. December 2014.

California Geological Survey (CGS). 2020. Earthquake Zones of Required Investigation. Available at:
https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed on April 14, 2020.

California Department of Toxic Substances Control (DTSC). 2020. Envirostor. Available at:
https://www.envirostor.dtsc.ca.gov/public/.

Denise Duffy & Associates, Biological Resources Memorandum for North Fremont Street. April 2020.

ENGEO. North Fremont Street Improvements, Monterey, CA, Geotechnical Exploration. November 2016.

City of Monterey. General Plan. 2016.

City of Monterey. Municipal Code.

City of Seaside. General Plan. 2003.

City of Seaside. General Plan EIR. 2004.

City of Seaside. Local Coastal Program. 2013.

City of Seaside. Municipal Code.

Google. 2019. Google Maps.

Exhibit A
Packet Page 224
Not to scale
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Source: Google Earth, 2020Figure 1: Project LocaƟ on
North Fremont Street
Kolb Avenue
Fremont
Cassanova Avenue
English Avenue
Ramona Avenue
Canyon Del Rey Boulevard
Boulevard
Hannon Avenue
Dela Vina Avenue
Casa Verde Way
Fairground Road
Airport Road
Sequoia Avenue Project Area
Exhibit A
Packet Page 225
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Figure 2: Site PlanSource: Kimley-Horn, 2020
Exhibit A
Packet Page 226
Not to scale
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Source: Google Earth, 2020
Figure 3: Surrounding Land Uses
Exhibit
A
Packet Page 227
Not to scale
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Source: Kimley-Horn, 2020Figure 4: JurisdicƟ onal Boundaries

MONTEREY CITY LIMITS

SEASIDE CITY LIMITS

CALTRANS
LIMITS
Exhibit
A
Packet Page 228
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Figure 5: Truss Bridge Concept
Note: Bridge shown in image colored for graphic purposes. Actual bridge steel may be painted black. Source: Kimley-Horn, 2020; Short Span Steel Bridge Alliance, 2012 Exhibit
A
Packet Page 229
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Figure 6: Site PhotographsSource: Kimley-Horn, 2020
Exhibit A
Packet Page 230
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Before
AŌ er
Note: Bridge shown in image colored for graphic purposes. Actual bridge steel may be painted black.

Figure 7: Truss Bridge Rendering
Source: Kimley-Horn, 2020
Exhibit
A
Packet Page 231
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on
Source: Denise Duff y & Associates, Inc., 2019
Figure 8: VegetaƟ on CommuniƟ es
Exhibit A
Packet Page 232
North Fremont Sidewalk Gap Closure Project
IniƟ al Study/MiƟ gated NegaƟ ve DeclaraƟ on Not to scale Trees to be removed
Legend

FREMONT BLVD
CANYON DEL REY BLVD/SR-218
Figure 9: Trees to be Removed
Source: Kimley-Horn, 2020
Exhibit
A
Packet Page 233
Appendix A
CalEEMod Air Quality and Greenhouse Gas Emissions Model Outputs Exhibit A
Packet Page 234
Welcome to the Road Construction Emissions Model, Version 9.0.0 User Instructions
This spreadsheet system contains the following individual worksheets:
1 This worksheet of User Instructions
2 Updates
3 Emission Estimates
4 Data Entry
5 Non-default Off-road Equipment
6 EMFAC2017
7 On-road Mitigation EF
8 OFFROAD Convert
9 Off-road Tier 4 EF
10 OFFROAD HP & LF
11 OFFROAD EF
12 x-ref
The Emission Estimates worksheet calculates a project's emissions in pounds per day (and tons) by project phase and tons over the entire construction period.

The worksheet can be used to estimate emissions for both vehicle exhaust and fugitive dust. The methodology used to estimate fugitive dust emissions is a simplified methodology involving estimates of the maximum area (acreage) of land disturbed daily. Detailed fugitive dust emission estimates associated with individual materials handling operations and/or activity/vehicle types cannot be conducted with this version of the model.

The Emission Estimates worksheet cannot be modified directly, it is a protected worksheet. It can only be modified indirectly by entering information for the project in selected areas of the Data Entry worksheet.

Even though all or portions of several worksheets are protected, the individual formulas used in the calculations can be seen by the user.

The Data Entry worksheet includes several areas that can be modified by the user.

User instructions in the Data Entry worksheet are highlighted in red.

On the Data Entry worksheet, the user has two options for entering project data: required data and optional data. Required data is entered in the data input section (yellow cells). That required data is then used by the worksheet to calculate default values for the project.

The user can override the default values (blue cells) calculated for a project and is encouraged to do so if project specific information is available. Due to the difficulty in developing reliable default values for road construction projects, the user is encouraged to enter as much site specific information as is available for the project being analyzed.

The Data Entry Worksheet also includes a button that allows the user to clear previously entered data. This button is found just at the top of and to the right of the data entry portion of the worksheet.

When projects are discontinuous, the user must make adjustments to the spreadsheet manually, since the program cannot be setup to anticipate unexpected project delays. #VALUE! <- This error message may occur during use of the spreadsheets. This occurs whenever the user enters a non numeric value, including a space character, into a cell that is used to calculate a numeric value.

Consequently, to erase values entered into the spreadsheets, use the delete key instead of the space bar! http://www.airquality.org http://www.ramboll.com/
Karen Huss John Grant
[email protected] [email protected]
916/874-4881 415/899-0706
The last seven of these worksheets - EMFAC2017, On-road Mitigation EF, OFFROAD Convert, Off-road Tier 4 EF, OFFROAD HP & LP, OFFROAD EF and x-ref - cannot be modified by the user.

They are protected worksheets.

Note: Information in this worksheet is based on conversations with knowledgeable individuals at the Sacramento Metropolitan Air Quality Management District, the California Department of Transportation, the California Air Resources Board, the U.S. EPA, and private industry involved in road construction. Also, the 26th edition of Walker's Building Estimator's Reference Book (1999) was used in the development of this spreadsheet. This spreadsheet was prepared by Jones & Stokes, TIAX LLC and Ramboll Environ with the financial support and direction of the Sacramento Metropolitan Air Quality Management District.

Exhibit A
Packet Page 235
Road Construction Emissions Model, Version 9.0.0
Updates Log
Changes from previous version of Road Construction Emissions Model (Version 8.1.0 to 9.0.0) (updated by SMAQMD 04/22/18 with assistance from Ramboll) 1) Project length changed to include calendar years 2014 through 2040.

2) On-road vehicle emission factors have been updated to EMFAC2017 version 1.0.2. 3) Off-road emission rates updated to include calendar years 2014 through 2040. 4) Average Offroad HP by Equipment Type updated to be consistent with CalEEMod (version 2016.3.2) 5) Modified 'Data Entry' tab to calculate NOx start emissions form heavy duty trucks in "soil hauling", "asphalt hauling" and "water truck" section (Version 7.1.5 to 8.1.0) (updated by SMAQMD 05/09/16 with assistance from Ramboll ENVIRON US Corporation) 1) Project length changed to include calendar years 2014 through 2025.

2) Added a new project type: Type 4: Other Linear Project Type. Note that there are no default vehicle or equipment activities available for the Project Type 4.

3) Emissions estimates were extended to include SOx, CH4, N2O and CO2e. 4) Updated off-road equipment emission factors and default average horsepower by equipment type to be consistent with CalEEMod (version 2013.2.2).

5) On-road vehicle emission factors have been updated to EMFAC2014. 6) Revised pollutant order for consistency throughout the calculator. 7) Added flexibility for users to specify a non-default number of working days per month. 8) Modified soil hauling import and export quantity and haul truck capacity data requests to allow users to specify soil hauling activity by phase.

9) Soil hauling emissions are now estimated separately for each construction phase. 10) Added a new feature to allow users to provide asphalt hauling quantities by phase in the "Data Entry" tab. 11) New component added where the user can specify construction start date and duration by phase. 12) The maximum daily emissions calculation was modified to sum emissions from overlapping construction phases. 13) Water truck activity can be specified and emissions estimated for the paving phase. 14) Mitigation options were added for on-road vehicles and off-road equipment. Emissions calculations include the effects of mitigations if a mitigation option is selected by the user. 16) New table of total project emissions with units of tons/phase was added in the "Emission Estimates" tab. 17) Removed table of daily emissions in metric units from the "Emission Estimates" tab. 18) Removed unnecessary data from all tabs.
(Version 7.1.4 to 7.1.5) (updated by SMAQMD 12/11/13 with assistance from ENVIRON Corporation) 1) Grubbing and Land Clearing Phase calculation of active months in 2007, 2017, 2019 fixed. 2) Soil Hauling Emissions calculation to select override if it exists for round trips/day. 3) Worker Commute Emissions calculation of starting and hot soak emissions; drainage phase PM10 emission rate. (Version 6.3.2 to Version 7.1.0, 7.1.1, 7.1.2, 7.1.3 & 7.1.4) (updated by SMAQMD 8/2/13) 1) EMFAC2011 emission factors added (previous EMFAC versions dropped). 2) OFFROAD2011 emission factors added (and fixed error). 3) OFFROAD2007 for categories not in OFFROAD2011 (and fixed error) 4) Project length changed to include calendar years 2009 through 2025. 5) Average Offroad HP by Equipment Type calculation updated and corrected 6) Load Factor Adjustment deactivated (default load factors already incorporated in ARB's calculation of emission factors) 7) Crawler Tractor equipment added to model
8) Air Compressors ROG & Default Excavators calculation on Data Entry sheet corrected. 9) Default equipment list updated
10) Corrections to Worker Commute Emissions calculations 15) Model allows user to estimate emissions from non-default off-road equipment for all phases and for all project types. Non-default off-road equipment specification must be included by equipment type for horsepower, number of equipment, load factor, hours of operation and emission factors in the "Non-default Off-road Equipment" tab. 4) Water Truck Emissions calculation to select number of months for Grubbing and Land Clearing Phase; maximum acreage/day after 2025.

Exhibit A
Packet Page 236
Road Construction Emissions Model, Version 9.0.0
Daily Emission Estimates for -> Total Exhaust Fugitive Dust Total Exhaust Fugitive Dust Project Phases (Pounds) ROG (lbs/day) CO (lbs/day) NOx (lbs/day) PM10 (lbs/day) PM10 (lbs/day) PM10 (lbs/day) PM2.5 (lbs/day) PM2.5 (lbs/day) PM2.5 (lbs/day) SOx (lbs/day) CO2 (lbs/day) CH4 (lbs/day) N2O (lbs/day) CO2e (lbs/day) Grubbing/Land Clearing 1.14 9.93 12.30 2.42 0.52 1.90 0.86 0.47 0.40 0.02 2,125.50 0.58 0.05 2,153.83 Grading/Excavation 9.91 71.52 113.65 6.49 4.59 1.90 4.48 4.09 0.40 0.18 18,059.41 4.72 0.59 18,352.16 Drainage/Utilities/Sub-Grade 3.85 33.66 39.59 3.73 1.83 1.90 2.07 1.68 0.40 0.07 6,519.29 1.44 0.09 6,582.53 Paving 1.29 13.51 13.49 0.70 0.70 0.00 0.61 0.61 0.00 0.03 2,776.03 0.57 0.15 2,833.55 Maximum (pounds/day) 9.91 71.52 113.65 6.49 4.59 1.90 4.48 4.09 0.40 0.18 18,059.41 4.72 0.59 18,352.16 Total (tons/construction project) 0.49 3.82 5.51 0.37 0.23 0.14 0.24 0.21 0.03 0.01 891.83 0.22 0.03 905.09 Notes: Project Start Year -> 2021
Project Length (months) -> 8
Total Project Area (acres) -> 0
Maximum Area Disturbed/Day (acres) -> 0
Water Truck Used? -> Yes
Phase Soil Asphalt Soil Hauling Asphalt Hauling Worker Commute Water Truck Grubbing/Land Clearing 0 0 0 0 200 40
Grading/Excavation 410 0 630 0 1,120 40
Drainage/Utilities/Sub-Grade 0 0 0 0 720 40
Paving 0 100 0 150 320 40
CO2e emissions are estimated by multiplying mass emissions for each GHG by its global warming potential (GWP), 1 , 25 and 298 for CO2, CH4 and N2O, respectively. Total CO2e is then estimated by summing CO2e estimates over all GHGs.

Total Emission Estimates by Phase for -> Total Exhaust Fugitive Dust Total Exhaust Fugitive Dust Project Phases
(Tons for all except CO2e. Metric tonnes for CO2e) ROG (tons/phase) CO (tons/phase) NOx (tons/phase) PM10 (tons/phase) PM10 (tons/phase) PM10 (tons/phase) PM2.5 (tons/phase) PM2.5 (tons/phase) PM2.5 (tons/phase) SOx (tons/phase) CO2 (tons/phase) CH4 (tons/phase) N2O (tons/phase) CO2e (MT/phase) Grubbing/Land Clearing 0.01 0.09 0.11 0.02 0.00 0.02 0.01 0.00 0.00 0.00 18.70 0.01 0.00 17.19 Grading/Excavation 0.35 2.52 4.00 0.23 0.16 0.07 0.16 0.14 0.01 0.01 635.69 0.17 0.02 586.04 Drainage/Utilities/Sub-Grade 0.12 1.04 1.22 0.11 0.06 0.06 0.06 0.05 0.01 0.00 200.79 0.04 0.00 183.93 Paving 0.02 0.18 0.18 0.01 0.01 0.00 0.01 0.01 0.00 0.00 36.64 0.01 0.00 33.93 Maximum (tons/phase) 0.35 2.52 4.00 0.23 0.16 0.07 0.16 0.14 0.01 0.01 635.69 0.17 0.02 586.04 Total (tons/construction project) 0.49 3.82 5.51 0.37 0.23 0.14 0.24 0.21 0.03 0.01 891.83 0.22 0.03 821.10 CO2e emissions are estimated by multiplying mass emissions for each GHG by its global warming potential (GWP), 1 , 25 and 298 for CO2, CH4 and N2O, respectively. Total CO2e is then estimated by summing CO2e estimates over all GHGs.

The CO2e emissions are reported as metric tons per phase.

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

N. Fremont Sidewalk Gap Closure
PM10 and PM2.5 estimates assume 50% control of fugitive dust from watering and associated dust control measures if a minimum number of water trucks are specified.

N. Fremont Sidewalk Gap Closure
PM10 and PM2.5 estimates assume 50% control of fugitive dust from watering and associated dust control measures if a minimum number of water trucks are specified.

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

Total Material Imported/Exported
Volume (yd3/day)
Exhibit A
Packet Page 237
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Road Construction Emissions Model Version 9.0.0
Data Entry Worksheet
Optional data input sections have a blue background. Only areas with a yellow or blue background can be modified. Program defaults have a white background.

The user is required to enter information in cells D10 through D24, E28 through G35, and D38 through D41 for all project types.

Please use "Clear Data Input & User Overrides" button first before changing the Project Type or begin a new project.

Input Type
Project Name N. Fremont Sidewalk Gap Closure
Construction Start Year 2021 Enter a Year between 2014
and 2040 (inclusive)
Project Type 1) New Road Construction : Project to build a roadway from bare ground, which generally requires more site preparation than widening an existing roadway

2) Road Widening : Project to add a new lane to an existing roadway 3) Bridge/Overpass Construction : Project to build an elevated roadway, which generally requires some different equipment than a new roadway, such as a crane

4) Other Linear Project Type: Non-roadway project such as a pipeline, transmission line, or levee construction Project Construction Time 8.00 months
Working Days per Month 22.00 days (assume 22 if unknown) Predominant Soil/Site Type: Enter 1, 2, or 3 1) Sand Gravel : Use for quaternary deposits (Delta/West County) 2) Weathered Rock-Earth : Use for Laguna formation (Jackson Highway area) or the Ione formation (Scott Road, Rancho Murieta) 3) Blasted Rock : Use for Salt Springs Slate or Copper Hill Volcanics (Folsom South of Highway 50, Rancho Murieta) Project Length 0.11 miles
Total Project Area 0.19 acres
Maximum Area Disturbed/Day 0.19 acres
Water Trucks Used? 1 1. Yes

2. No
Material Hauling Quantity Input
Material Type Phase Haul Truck Capacity (yd3
) (assume 20 if
unknown) Import Volume (yd3
/day) Export Volume (yd3/day)
Grubbing/Land Clearing
Grading/Excavation 20.00 410.00
Drainage/Utilities/Sub-Grade
Paving
Grubbing/Land Clearing
Grading/Excavation
Drainage/Utilities/Sub-Grade
Paving 20.00 100.00
Mitigation Options
On-road Fleet Emissions Mitigation Select "2010 and Newer On-road Vehicles Fleet" option when the on-road heavy-duty truck fleet for the project will be limited to vehicles of model year 2010 or newer

Off-road Equipment Emissions Mitigation
Select "Tier 4 Equipment" option if some or all off-road equipment used for the project meets CARB Tier 4 Standard Will all off-road equipment be tier 4?
The remaining sections of this sheet contain areas that can be modified by the user, although those modifications are optional.

No Mitigation
Select "20% NOx and 45% Exhaust PM reduction" option if the project will be required to use a lower emitting off-road construction fleet. The SMAQMD Construction Mitigation Calculator can be used to confirm compliance with this mitigation measure (http://www.airquality.org/Businesses/CEQA-Land-Use-Planning/Mitigation).

Please note that the soil type instructions provided in cells E18 to E20 are specific to Sacramento County. Maps available from the California Geologic Survey (see weblink below) can be used to determine soil type outside Sacramento County.
http://www.conservation.ca.gov/cgs/information/geologic_mapping/P ages/googlemaps.aspx#regionalseries
3 Note: Required data input sections have a yellow background.

Soil
Asphalt
No Mitigation
All Tier 4 Equipment
(for project within "Sacramento County", follow soil type selection instructions in cells E18 to E20 otherwise see instructions provided in cells J18 to J22)
1 To begin a new project, click this button to
clear data previously entered. This button
will only work if you opted not to disable
macros when loading this spreadsheet.

Data Entry Worksheet 4
Exhibit A
Packet Page 238
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Note: The program's estimates of construction period phase length can be overridden in cells D50 through D53, and F50 through F53.

Program Program
User Override of Calculated User Override of Default
Construction Periods Construction Months Months Phase Starting Date Phase Starting Date Grubbing/Land Clearing 0.80 1/1/2021
Grading/Excavation 3.20 1/26/2021
Drainage/Utilities/Sub-Grade 2.80 5/4/2021
Paving 1.20 7/29/2021
Totals (Months)
Note: Soil Hauling emission default values can be overridden in cells D61 through D64, and F61 through F64.

Soil Hauling Emissions User Override of Program Estimate of User Override of Truck Default Values Calculated User Input Miles/Round Trip Miles/Round Trip Round Trips/Day Round Trips/Day Daily VMT Miles/round trip: Grubbing/Land Clearing 30.00 0 0.00
Miles/round trip: Grading/Excavation 30.00 21 630.00
Miles/round trip: Drainage/Utilities/Sub-Grade 30.00 0 0.00 Miles/round trip: Paving 30.00 0 0.00
Emission Rates ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Grubbing/Land Clearing (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Grading/Excavation (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Draining/Utilities/Sub-Grade (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Paving (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Grubbing/Land Clearing (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Grading/Excavation (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Draining/Utilities/Sub-Grade (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Paving (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Hauling Emissions ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Pounds per day - Grubbing/Land Clearing 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tons per const. Period - Grubbing/Land Clearing 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Pounds per day - Grading/Excavation 0.59 1.58 9.18 0.30 0.20 0.02 2,583.08 0.03 0.41 2,704.76 Tons per const. Period - Grading/Excavation 0.02 0.06 0.32 0.01 0.01 0.00 90.92 0.00 0.01 95.21 Pounds per day - Drainage/Utilities/Sub-Grade 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tons per const. Period - Drainage/Utilities/Sub-Grade 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Pounds per day - Paving 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tons per const. Period - Paving 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total tons per construction project 0.02 0.06 0.32 0.01 0.01 0.00 90.92 0.00 0.01 95.21 Note: Asphalt Hauling emission default values can be overridden in cells D91 through D94, and F91 through F94.

Asphalt Hauling Emissions User Override of Program Estimate of User Override of Truck Default Values Calculated User Input Miles/Round Trip Miles/Round Trip Round Trips/Day Round Trips/Day Daily VMT Miles/round trip: Grubbing/Land Clearing 30.00 0 0.00
Miles/round trip: Grading/Excavation 30.00 0 0.00
Miles/round trip: Drainage/Utilities/Sub-Grade 30.00 0 0.00 Miles/round trip: Paving 30.00 5 150.00
Emission Rates ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Grubbing/Land Clearing (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Grading/Excavation (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Draining/Utilities/Sub-Grade (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Paving (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Grubbing/Land Clearing (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Grading/Excavation (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Draining/Utilities/Sub-Grade (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Paving (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Emissions ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e
Pounds per day - Grubbing/Land Clearing 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tons per const. Period - Grubbing/Land Clearing 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Pounds per day - Grading/Excavation 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tons per const. Period - Grading/Excavation 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Pounds per day - Drainage/Utilities/Sub-Grade 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tons per const. Period - Drainage/Utilities/Sub-Grade 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Pounds per day - Paving 0.14 0.38 2.19 0.07 0.05 0.01 615.02 0.01 0.10 643.99 Tons per const. Period - Paving 0.00 0.00 0.03 0.00 0.00 0.00 8.12 0.00 0.00 8.50 Total tons per construction project 0.00 0.00 0.03 0.00 0.00 0.00 8.12 0.00 0.00 8.50 8 Data Entry Worksheet 5
Exhibit A
Packet Page 239
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Note: Worker commute default values can be overridden in cells D121 through D126.

Worker Commute Emissions User Override of Worker
User Input Commute Default Values Default Values
Miles/ one-way trip 20 Calculated Calculated
One-way trips/day 2 Daily Trips Daily VMT
No. of employees: Grubbing/Land Clearing 5 10 200.00
No. of employees: Grading/Excavation 28 56 1,120.00
No. of employees: Drainage/Utilities/Sub-Grade 18 36 720.00 No. of employees: Paving 8 16 320.00
Emission Rates ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Grubbing/Land Clearing (grams/mile) 0.02 1.10 0.10 0.05 0.02 0.00 339.80 0.00 0.01 342.28 Grading/Excavation (grams/mile) 0.02 1.10 0.10 0.05 0.02 0.00 339.80 0.00 0.01 342.28 Draining/Utilities/Sub-Grade (grams/mile) 0.02 1.10 0.10 0.05 0.02 0.00 339.80 0.00 0.01 342.28 Paving (grams/mile) 0.02 1.10 0.10 0.05 0.02 0.00 339.80 0.00 0.01 342.28 Grubbing/Land Clearing (grams/trip) 1.18 2.95 0.34 0.00 0.00 0.00 72.81 0.08 0.04 85.39 Grading/Excavation (grams/trip) 1.18 2.95 0.34 0.00 0.00 0.00 72.81 0.08 0.04 85.39 Draining/Utilities/Sub-Grade (grams/trip) 1.18 2.95 0.34 0.00 0.00 0.00 72.81 0.08 0.04 85.39 Paving (grams/trip) 1.18 2.95 0.34 0.00 0.00 0.00 72.81 0.08 0.04 85.39 Emissions ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e
Pounds per day - Grubbing/Land Clearing 0.03 0.55 0.05 0.02 0.01 0.00 151.43 0.00 0.00 152.80 Tons per const. Period - Grubbing/Land Clearing 0.00 0.00 0.00 0.00 0.00 0.00 1.33 0.00 0.00 1.34 Pounds per day - Grading/Excavation 0.20 3.08 0.28 0.11 0.05 0.01 848.01 0.02 0.02 855.69 Tons per const. Period - Grading/Excavation 0.01 0.11 0.01 0.00 0.00 0.00 29.85 0.00 0.00 30.12 Pounds per day - Drainage/Utilities/Sub-Grade 0.13 1.98 0.18 0.07 0.03 0.01 545.15 0.01 0.02 550.09 Tons per const. Period - Drainage/Utilities/Sub-Grade 0.00 0.06 0.01 0.00 0.00 0.00 16.79 0.00 0.00 16.94 Pounds per day - Paving 0.06 0.88 0.08 0.03 0.01 0.00 242.29 0.01 0.01 244.48 Tons per const. Period - Paving 0.00 0.01 0.00 0.00 0.00 0.00 3.20 0.00 0.00 3.23 Total tons per construction project 0.01 0.19 0.02 0.01 0.00 0.00 51.17 0.00 0.00 51.63 Note: Water Truck default values can be overridden in cells D153 through D156, I153 through I156, and F153 through F156.

Water Truck Emissions User Override of Program Estimate of User Override of Truck Default Values Calculated User Override of Default Values Calculated User Input Default # Water Trucks Number of Water Trucks Round Trips/Vehicle/Day Round Trips/Vehicle/Day Trips/day Miles/Round Trip Miles/Round Trip Daily VMT Grubbing/Land Clearing - Exhaust 1 5 5 8.00 40.00
Grading/Excavation - Exhaust 1 5 5 8.00 40.00
Drainage/Utilities/Subgrade 1 5 5 8.00 40.00
Paving 1 5 5 8.00 40.00
Emission Rates ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Grubbing/Land Clearing (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Grading/Excavation (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Draining/Utilities/Sub-Grade (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Paving (grams/mile) 0.43 1.14 6.49 0.21 0.15 0.02 1,859.78 0.02 0.29 1,947.39 Grubbing/Land Clearing (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Grading/Excavation (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Draining/Utilities/Sub-Grade (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Paving (grams/trip) 0.00 0.00 3.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Emissions ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e
Pounds per day - Grubbing/Land Clearing 0.04 0.10 0.61 0.02 0.01 0.00 164.00 0.00 0.03 171.73 Tons per const. Period - Grubbing/Land Clearing 0.00 0.00 0.01 0.00 0.00 0.00 1.44 0.00 0.00 1.51 Pounds per day - Grading/Excavation 0.04 0.10 0.61 0.02 0.01 0.00 164.00 0.00 0.03 171.73 Tons per const. Period - Grading/Excavation 0.00 0.00 0.02 0.00 0.00 0.00 5.77 0.00 0.00 6.04 Pounds per day - Drainage/Utilities/Sub-Grade 0.04 0.10 0.61 0.02 0.01 0.00 164.00 0.00 0.03 171.73 Tons per const. Period - Drainage/Utilities/Sub-Grade 0.00 0.00 0.02 0.00 0.00 0.00 5.05 0.00 0.00 5.29 Pounds per day - Paving 0.04 0.10 0.61 0.02 0.01 0.00 164.00 0.00 0.03 171.73 Tons per const. Period - Paving 0.00 0.00 0.01 0.00 0.00 0.00 2.16 0.00 0.00 2.27 Total tons per construction project 0.00 0.01 0.05 0.00 0.00 0.00 14.43 0.00 0.00 15.11 Note: Fugitive dust default values can be overridden in cells D183 through D185.

User Override of Max Default PM10 PM10 PM2.5 PM2.5
Acreage Disturbed/Day Maximum Acreage/Day pounds/day tons/per period pounds/day tons/per period Fugitive Dust - Grubbing/Land Clearing 0.19 1.90 0.02 0.40 0.00 Fugitive Dust - Grading/Excavation 0.19 1.90 0.07 0.40 0.01 Fugitive Dust - Drainage/Utilities/Subgrade 0.19 1.90 0.06 0.40 0.01 Fugitive Dust
Data Entry Worksheet 6
Exhibit A
Packet Page 240
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Off-Road Equipment Emissions
Default
Grubbing/Land Clearing Number of Vehicles Override of Default ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Override of Default Number of Vehicles Program-estimate Default Equipment Tier (applicable only
when "Tier 4 Mitigation" Option Selected) Equipment Tier Type pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day Model Default Tier Model Default Tier Aerial Lifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Air Compressors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Bore/Drill Rigs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Cement and Mortar Mixers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Concrete/Industrial Saws 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Cranes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Crawler Tractors 0.55 2.44 6.97 0.26 0.24 0.01 760.36 0.25 0.01 768.56 Model Default Tier Model Default Tier Crushing/Proc. Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 Model Default Tier Model Default Tier Excavators 0.46 6.54 4.31 0.21 0.19 0.01 1,000.38 0.32 0.01 1,011.17 Model Default Tier Model Default Tier Forklifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Generator Sets 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Graders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Off-Highway Tractors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Off-Highway Trucks 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Construction Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other General Industrial Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Material Handling Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pavers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Paving Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Plate Compactors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pressure Washers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pumps 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rollers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rough Terrain Forklifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rubber Tired Dozers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rubber Tired Loaders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Scrapers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Signal Boards 0.06 0.30 0.36 0.01 0.01 0.00 49.31 0.01 0.00 49.56 Model Default Tier Model Default Tier Skid Steer Loaders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Surfacing Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Sweepers/Scrubbers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Tractors/Loaders/Backhoes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Trenchers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Welders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 User-Defined Off-road Equipment If non-default vehicles are used, please provide information in 'Non-default Off-road Equipment' tab ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Type pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Grubbing/Land Clearing pounds per day 1.07 9.28 11.63 0.49 0.45 0.02 1,810.06 0.57 0.02 1,829.30 Grubbing/Land Clearing tons per phase 0.01 0.08 0.10 0.00 0.00 0.00 15.93 0.01 0.00 16.10 Mitigation Option

0.00 0.00
N/A

0.00 0.00
N/A
N/A

0.00 N/A

0.00 Number of Vehicles

0.00 N/A
N/A
N/A
Equipment Tier
Data Entry Worksheet 7
Exhibit A
Packet Page 241
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Default
Grading/Excavation Number of Vehicles Override of Default ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Override of Default Number of Vehicles Program-estimate Default Equipment Tier (applicable only
when "Tier 4 Mitigation" Option Selected) Equipment Tier Type pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day Model Default Tier Model Default Tier Aerial Lifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Air Compressors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Bore/Drill Rigs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Cement and Mortar Mixers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Concrete/Industrial Saws 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Cranes 0.41 1.98 4.85 0.20 0.18 0.01 558.74 0.18 0.01 564.76 2 Model Default Tier Model Default Tier Crawler Tractors 1.10 4.87 13.94 0.52 0.48 0.02 1,520.73 0.49 0.01 1,537.12 Model Default Tier Model Default Tier Crushing/Proc. Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4 Model Default Tier Model Default Tier Excavators 0.92 13.09 8.61 0.42 0.38 0.02 2,000.77 0.65 0.02 2,022.34 Model Default Tier Model Default Tier Forklifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Generator Sets 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 Model Default Tier Model Default Tier Graders 0.91 3.53 11.85 0.38 0.35 0.01 1,283.37 0.42 0.01 1,297.19 Model Default Tier Model Default Tier Off-Highway Tractors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Off-Highway Trucks 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Construction Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other General Industrial Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Material Handling Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pavers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Paving Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Plate Compactors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pressure Washers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pumps 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3 Model Default Tier Model Default Tier Rollers 0.57 5.64 5.77 0.35 0.32 0.01 762.27 0.25 0.01 770.48 Model Default Tier Model Default Tier Rough Terrain Forklifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rubber Tired Dozers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3 Model Default Tier Model Default Tier Rubber Tired Loaders 1.03 4.80 11.59 0.39 0.36 0.02 1,815.68 0.59 0.02 1,835.29 4 Model Default Tier Model Default Tier Scrapers 3.72 28.02 42.81 1.67 1.53 0.06 5,871.65 1.90 0.05 5,934.95 1 Model Default Tier Model Default Tier Signal Boards 0.06 0.30 0.36 0.01 0.01 0.00 49.31 0.01 0.00 49.56 Model Default Tier Model Default Tier Skid Steer Loaders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Surfacing Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Sweepers/Scrubbers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 Model Default Tier Model Default Tier Tractors/Loaders/Backhoes 0.37 4.52 3.79 0.22 0.21 0.01 601.80 0.19 0.01 608.28 Model Default Tier Model Default Tier Trenchers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Welders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 User-Defined Off-road Equipment If non-default vehicles are used, please provide information in 'Non-default Off-road Equipment' tab ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Type pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Grading/Excavation pounds per day 9.09 66.75 103.57 4.16 3.83 0.15 14,464.32 4.67 0.13 14,619.98 Grading/Excavation tons per phase 0.32 2.35 3.65 0.15 0.13 0.01 509.14 0.16 0.00 514.62 Mitigation Option
N/A
Number of Vehicles

0.00 0.00

0.00 0.00

0.00 0.00

0.00 N/A
N/A
N/A
N/A
N/A
N/A
Equipment Tier
Data Entry Worksheet 8
Exhibit A
Packet Page 242
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Default
Drainage/Utilities/Subgrade Number of Vehicles Override of Default ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Override of Default Number of Vehicles Program-estimate Default Equipment Tier (applicable only
when "Tier 4 Mitigation" Option Selected) Equipment Tier pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day Model Default Tier Model Default Tier Aerial Lifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Air Compressors 0.29 2.42 2.04 0.13 0.13 0.00 375.26 0.03 0.00 376.75 Model Default Tier Model Default Tier Bore/Drill Rigs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Cement and Mortar Mixers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Concrete/Industrial Saws 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

1.00 Model Default Tier Model Default Tier Cranes 0.41 1.98 4.85 0.20 0.18 0.01 558.74 0.18 0.01 564.76 Model Default Tier Model Default Tier Crawler Tractors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Crushing/Proc. Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Excavators 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Forklifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Generator Sets 0.36 3.68 3.17 0.17 0.17 0.01 623.04 0.03 0.00 625.23

1.00 2 Model Default Tier Model Default Tier Graders 0.45 1.77 5.92 0.19 0.17 0.01 641.68 0.21 0.01 648.60 Model Default Tier Model Default Tier Off-Highway Tractors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Off-Highway Trucks 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Construction Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other General Industrial Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Material Handling Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pavers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Paving Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Plate Compactors 0.04 0.21 0.25 0.01 0.01 0.00 34.48 0.00 0.00 34.65 Model Default Tier Model Default Tier Pressure Washers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Pumps 0.38 3.74 3.21 0.18 0.18 0.01 623.04 0.03 0.00 625.28 Model Default Tier Model Default Tier Rollers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Rough Terrain Forklifts 0.12 2.29 1.61 0.06 0.06 0.00 333.77 0.11 0.00 337.37 Model Default Tier Model Default Tier Rubber Tired Dozers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rubber Tired Loaders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

1.00 4 Model Default Tier Model Default Tier Scrapers 0.93 7.00 10.70 0.42 0.38 0.02 1,467.91 0.47 0.01 1,483.74 1 Model Default Tier Model Default Tier Signal Boards 0.06 0.30 0.36 0.01 0.01 0.00 49.31 0.01 0.00 49.56

1.00 Model Default Tier Model Default Tier Skid Steer Loaders 0.08 1.39 1.00 0.04 0.04 0.00 200.20 0.06 0.00 202.36 Model Default Tier Model Default Tier Surfacing Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Sweepers/Scrubbers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

3.00 2 Model Default Tier Model Default Tier Tractors/Loaders/Backhoes 0.56 6.78 5.69 0.34 0.31 0.01 902.70 0.29 0.01 912.42 Model Default Tier Model Default Tier Trenchers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Welders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 User-Defined Off-road Equipment If non-default vehicles are used, please provide information in 'Non-default Off-road Equipment' tab ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Type pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Drainage/Utilities/Sub-Grade pounds per day 3.68 31.58 38.80 1.73 1.64 0.06 5,810.13 1.43 0.05 5,860.71 Drainage/Utilities/Sub-Grade tons per phase 0.11 0.97 1.20 0.05 0.05 0.00 178.95 0.04 0.00 180.51 Mitigation Option

0.00 0.00
Number of Vehicles

0.00 0.00

0.00 0.00

0.00 N/A
Equipment Tier
N/A
N/A
N/A
N/A
N/A
N/A
Data Entry Worksheet 9
Exhibit A
Packet Page 243
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Default
Paving Number of Vehicles Override of Default ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Override of Default Number of Vehicles Program-estimate Default Equipment Tier (applicable only
when "Tier 4 Mitigation" Option Selected) Equipment Tier Type pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day Model Default Tier Model Default Tier Aerial Lifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Air Compressors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Bore/Drill Rigs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Cement and Mortar Mixers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Concrete/Industrial Saws 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Cranes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Crawler Tractors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Crushing/Proc. Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Excavators 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Forklifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Generator Sets 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Graders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Off-Highway Tractors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Off-Highway Trucks 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Construction Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other General Industrial Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Other Material Handling Equipm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Pavers 0.25 2.90 2.60 0.13 0.12 0.00 455.06 0.15 0.00 459.97 1 Model Default Tier Model Default Tier Paving Equipment 0.19 2.54 1.94 0.10 0.09 0.00 394.46 0.13 0.00 398.71 Model Default Tier Model Default Tier Plate Compactors 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pressure Washers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Pumps 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Rollers 0.19 1.88 1.92 0.12 0.11 0.00 254.09 0.08 0.00 256.83 Model Default Tier Model Default Tier Rough Terrain Forklifts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rubber Tired Dozers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Rubber Tired Loaders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Scrapers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Model Default Tier Model Default Tier Signal Boards 0.06 0.30 0.36 0.01 0.01 0.00 49.31 0.01 0.00 49.56 Model Default Tier Model Default Tier Skid Steer Loaders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Surfacing Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Sweepers/Scrubbers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 Model Default Tier Model Default Tier Tractors/Loaders/Backhoes 0.37 4.52 3.79 0.22 0.21 0.01 601.80 0.19 0.01 608.28 Model Default Tier Model Default Tier Trenchers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Model Default Tier Model Default Tier Welders 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 User-Defined Off-road Equipment If non-default vehicles are used, please provide information in 'Non-default Off-road Equipment' tab ROG CO NOx PM10 PM2.5 SOx CO2 CH4 N2O CO2e Type pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day pounds/day 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Paving pounds per day 1.06 12.15 10.61 0.58 0.53 0.02 1,754.72 0.56 0.02 1,773.35 Paving tons per phase 0.01 0.16 0.14 0.01 0.01 0.00 23.16 0.01 0.00 23.41 Total Emissions all Phases (tons per construction period) => 0.46 3.56 5.08 0.21 0.20 0.01 727.19 0.22 0.01 734.64 Mitigation Option

0.00 0.00
Number of Vehicles

0.00 0.00

0.00 0.00

0.00 N/A
N/A
N/A
Equipment Tier
N/A
N/A
N/A
N/A
Data Entry Worksheet 10
Exhibit A
Packet Page 244
Road Construction Emissions Model, Version 8.1.0 4/6/2020 Equipment default values for horsepower and hours/day can be overridden in cells D403 through D436 and F403 through F436.

User Override of Default Values User Override of Default Values Equipment Horsepower Horsepower Hours/day Hours/day
Aerial Lifts 63 8
Air Compressors 78 8
Bore/Drill Rigs 221 8
Cement and Mortar Mixers 9 8
Concrete/Industrial Saws 81 8
Cranes 231 8
Crawler Tractors 212 8
Crushing/Proc. Equipment 85 8
Excavators 158 8
Forklifts 89 8
Generator Sets 84 8
Graders 187 8
Off-Highway Tractors 124 8
Off-Highway Trucks 402 8
Other Construction Equipment 172 8
Other General Industrial Equipment 88 8
Other Material Handling Equipment 168 8
Pavers 130 8
Paving Equipment 132 8
Plate Compactors 8 8
Pressure Washers 13 8
Pumps 84 8
Rollers 80 8
Rough Terrain Forklifts 100 8
Rubber Tired Dozers 247 8
Rubber Tired Loaders 203 8
Scrapers 367 8
Signal Boards 6 8
Skid Steer Loaders 65 8
Surfacing Equipment 263 8
Sweepers/Scrubbers 64 8
Tractors/Loaders/Backhoes 97 8
Trenchers 78 8
Welders 46 8

END OF DATA ENTRY SHEET
Data Entry Worksheet 11
Exhibit A
Packet Page 245
Appendix B
Biological Resources Memo
Exhibit A
Packet Page 246

Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING
Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341 1 April 9, 2020
Tad Stearn
Kimley-Horn |
824 Bay Avenue,
Suite 10, Capitola,
CA 95010
RE: North Fremont Street Transit Project
Dear Ms. Stern,
DENISE DUFFY & ASSOCIATES, Inc. (DD&A) was contracted to identify sensitive habitats and special status plant and wildlife species including potential environmentally sensitive habitat areas (ESHA) under the California Coastal Act within or adjacent to the North Fremont Street Transit Project (project) site. This assessment is a requirement of the Preliminary Environmental Study (PES) form provided to the City of Monterey (City) by the California Department of Transportation (Caltrans) on September 2, 2014. The project is located between Casa Verde Way in the City of Monterey and Kimball Avenue in the City of Seaside, California. A portion of the project site is located in the California Coastal Zone (Coastal Zone). This area is located near the intersection of North Fremont Street and Canyon Del Rey Boulevard and includes portions of the Seaside Coastal Zone’s Laguna Grande Subarea and the Monterey Coastal Zone. Currently the City of Seaside has a certified Local Coastal Plan that is applicable to the project and the City of Monterey does not.

The project consists of the improvement to the roadway to increase bicyclist safety and provides a designated bus lane. Attached to this memo is a graphic which shows the extent and distribution of biological resources that have the potential to be impacted by the project and a project site plan. The project employs a pedestrian bridge to span all sensitive habitats and avoids impacts to biological resources through design. The project will avoid all impacts to biological resources, including potential ESHA.

METHODS
A biological survey was conducted by DD&A Associate Environmental Scientist, Jami Davis, on September 17, 2014. The purpose of the survey was to assess the environmental conditions, general habitat features, potential sensitive habitat features, any potential for special status species at the site and within the local vicinity, in order to inform the design of the project. Prior to the site visit, special status plant and wildlife species occurrence records in the United States Geological Survey Monterey quadrangle from the California Natural Diversity Data Base (CNDDB) (California Department of Fish and Wildlife, 2014) and information regarding biological resources in the Seaside Land Use Plan were reviewed. Habitats within the project site were characterized in the field. An additional survey was conducted on April 6
th to confirm the site conditions were consistent with the earlier survey.

RESULTS
The project site is located within an urbanized area in the City of Monterey and a small portion of the City of Seaside. Because the vast majority of the project site is developed, the field survey focused on the open space areas located near the intersection of North Fremont Street and Canyon Del Rey Boulevard.

This area is part of the Laguna Grande Park. While portions of the park have high biological values, the portion immediately adjacent to North Fremont Street is highly disturbed and regularly maintained. A Exhibit A
Packet Page 247
Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341 2 large portion of the area is denuded or covered with large piles of woodchips from trees that were removed on-site or from other locations. The remainder of this area is a maintained garden and horticultural setting, planted with native and non-native plants, shrubs and trees; disturbed riparian; and oak woodland.

The native plant garden is present at the corner of North Fremont Street and Canyon Del Rey Boulevard, which includes species such as coast live oak (Quercus agrifolia), black sage (Salvia mellifera), and two buckwheat species (Eriogonum sp.). No special status plants were identified within the garden. One species present, dune buckwheat (E. parvifolium), is the host plant for the federally listed Smith’s blue butterfly (Euphilotes enoptes smithi); however, these individuals are horticultural plantings in an urban horticultural setting, and as such are unlikely to support the Smith’s blue butterfly (Arnold, 1983). No other habitat for special-status wildlife species is present within the garden.

Riparian vegetation is present adjacent to the Canyon Del Rey Creek channel and includes Arroyo willow (Salix lasiolepis) and blackberry (Rubus sp.) (Figure 1). The portion of the riparian habitat on the north and east slopes of the channel has been significantly disturbed as a result of adjacent development and ongoing management specific to homeless encampments. The oak woodland area1 is dominated by coast
live oak trees with an understory of blackberry and non-native English ivy (Hedera helix) and periwinkle (Vinca sp.).

Canyon Del Rey Creek runs through the project site. The creek runs into a culvert just south of Safeway, which daylights just north of North Fremont Street. The open channel begins approximately 50 feet from the edge of the roadway. The channel is approximately 15 feet wide at the culvert, but quickly narrows to approximately six feet wide. The creek runs in the open channel for about 140 feet before entering another culvert, and again daylighting closer to Laguna Grande Lake.

CONCLUSION
Sensitive resources within the area evaluated include riparian and oak woodland habitats, and Canyon Del Rey Creek (Figure 1). Riparian habitat is regulated by the California Department of Fish and Wildlife (Department) under their Lake and Streambed Alteration Program and is also potentially an Environmentally Sensitive Habitat Area (ESHA) where it occurs within the Coastal Zone. Oak woodland habitat is identified in the Seaside Land Use Plan as potential ESHA. Canyon Del Rey Creek is potentially waters of the U.S. and/or waters of the state, which are regulated under the Clean Water Act by the Army Corps of Engineers (ACOE) and Regional Water Quality Control Board, respectively.

Within the Coastal Zone, waters of the U.S. and state are also potentially ESHA. No wetlands or special status plants or wildlife were identified within the project site or vicinity and none are expected to occur based on lack of vegetation and the urbanized and disturbed nature of the area.

Figure 1 identifies the location of the potential ESHA within the vicinity of the project site. The current site plan shows avoidance of any impacts to these resources. As a result, there are no impacts to biological resources and no regulatory permitting required. It is recommended that the following avoidance measures are made project conditions to ensure total avoidance of biological resources during construction:

1. A qualified biological monitor shall supervise the installation of protective fencing for all sensitive biological resources adjacent to the project site prior to the initiation of construction.

2. A qualified biological monitor shall continue to monitor the site through construction as, necessary to ensure the contractor is maintaining the fencing and containing all project activities outside of fenced biological resources.

Exhibit A
Packet Page 248
Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341 3 If you have any questions of comments please feel free to contact me.

Sincerely,
Jami Davis
Associate Environmental Scientist
[email protected]
REFERENCES CITED:

Arnold, R.A., 1983. Ecological studies of six endangered butterflies (Lepidoptera: Lycaenidae): Island biogeography, patch dynamics, and design of habitat preserves. Univ. Calif. Publ. Entomology 99: 1- 161.

California Department of Fish and Wildlife. 2014. California Natural Diversity Data Base. Available online at: https://www.dfg.ca.gov/biogeodata/cnddb/
Exhibit A
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MONTEREY CITY LIMITS

SEASIDE CITY LIMITS

CALTRANS
LIMITS
N. FREMONT GAP CLOSURE - EASEMENT EXHIBIT
MARCH 2020
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Appendix C
Cultural Resources Report
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For Planning Department: Yes No N/A See text
Evidence of: Sacred/Religious site ___ _X_ ___ _______
Native American Remains ___ _X_ ___ _______
Anything of Archaeological Significance ___ _X_ ___ _______ Findings of Historical Significance ___ _X_ ___ _______

ARCHAEOLOGICAL CONSULTING
P.O. BOX 3377
SALINAS, CA 93912
(831) 422-4912
PHASE 1 ARCHAEOLOGICAL SURVEY

FOR THE NORTH FREMONT BOULEVARD

PEDESTRIAN, BICYCLE, AND TRANSIT PROJECT,

MONTEREY AND SEASIDE, MONTEREY COUNTY, CALIFORNIA
by
Mary Doane, B.A., and Gary S. Breschini, Ph.D., RPA
December 5, 2014
Prepared for
Denise Duffy & Associates
SUMMARY: PROJECT 5035
RESULTS: NEGATIVE
LINEAR: <1 MILE
SITES: NONE
UTMG: NE 6.0292/40.5090 TO SW 6.0181/40.5050
MAP: USGS 7.5 MINUTE SEASIDE QUADRANGLE
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1 INTRODUCTION
In October 2014 Archaeological Consulting was authorized by Josh Harwayne of Denise Duffy & Associates to prepare a Phase 1 Archaeological Survey report for a project on North Fremont Boulevard in Monterey and Seaside, Monterey County, California.

As part of our methodology in the preparation of this report, we have conducted: 1) a background records search at the Northwest Information Center of the California Historical Resources Information System (CHRIS), located at Sonoma State University; 2) A Sacred Lands File Search with the Native American Heritage Commission and consultation with locally affiliated Native Americans, and 3) a field survey of the project area. The following report contains the results of these investigations as well as our conclusions and recommendations.

PROJECT LOCATION AND DESCRIPTION
The project proposes Pedestrian, Bicycle and Transit improvements to North Fremont Boulevard, in the Cities of Monterey and Seaside, Monterey County, California (see Maps 1 and 2, and APE Maps 1-8). The Universal Transverse Mercator Grid (UTMG) coordinates for the approximate ends of the project area are as follows: NE 6.0292/40.5090 to SW 6.0181/40.5050 on the USGS 7.5 minute Seaside Quadrangle (1947; photo-revised 1983).

At the time of the field assessment, the project APE was paved. Soil was visible adjacent to the pavements adjacent to many parts of the APE. Overall, soil visibility was considered adequate for the purposes of this survey.

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2 PROJECT METHODOLOGY
The methodology used in the preparation of this report included three primary steps, as follows:

Background Research
The background research for this project included an examination of the archaeological site records, maps, and project files of the Northwest Information Center of the California Historical Resources Information System, located at Sonoma State University. In addition, our extensive files and maps were examined for supplemental information, such as mention of historic or prehistoric resources in the general area. These literature searches are undertaken to determine the locations and nature of any recorded archaeological resources in and near to the project area, and the scope and findings of any previous archaeological research or reconnaissance projects.

Established by the California Office of Historic Preservation, the regional Information Centers are the local repository for all archaeological reports prepared under cultural resource management regulations. A background literature search at the appropriate regional Information Center is required by state guidelines and current professional standards. Following completion of a project, a copy of the report must be deposited with that organization.

Native American Consultation
A Sacred Lands search was initiated with the Native American Heritage Commission on October 3, 2014. The search was completed on November 14, 2014.

The commission recommended consultation with locally affiliated Native Americans and provided a list of individuals from several bands to contact for such consultation. Initial contact was made by mail or email, followed by telephone if a timely response was not received.

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3 Field Survey
The field survey, conducted by Mary Doane and Gina Kay on October 9, 2014, consisted of a “general surface reconnaissance” of all areas adjacent to the paved APE which could reasonably be expected to contain visible cultural resources and which could be viewed without major vegetation removal or excavation.

RESULTS OF THE ASSESSMENT
Background Research
The project area lies within the currently recognized ethnographic territory of the Costanoan (often called Ohlone) linguistic group. Discussions of this group and their territorial boundaries can be found in Breschini, Haversat, and Hampson (1983), Kroeber (1925), Levy (1978), Margolin (1978), and other sources. In brief, the group followed a general hunting and gathering subsistence pattern with partial dependence on the natural acorn crop. Habitation is considered to have been semi-sedentary and occupation sites can be expected most often at the confluence of streams, other areas of similar topography along streams, or in the vicinity of springs. These original sources of water may no longer be present or adequate. Also, resource gathering and processing areas and associated temporary campsites are frequently found on the coast and in other locations containing resources utilized by the group. Factors, which may influence the locations of these sites, include the presence of suitable exposures of rock for bedrock mortars or other milling activities, ecotones, the presence of specific resources (oak groves, marshes, quarries, game trails, trade routes, etc.), proximity to water, and the availability of shelter. Temporary camps or other activity areas can also be found along ridges or other travel corridors.

Research of the files at the Northwest Information Center and the review of our records and maps found no prehistoric archaeological sites and seven historic Exhibit A
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4 cultural resources recorded within one kilometer of the project area. These resources include several structures within the Naval Postgraduate School as well as the Old Del Monte Hotel historic district within the Naval Postgraduate School.

The Southern Pacific Railroad and the Del Rey Oaks PG&E transmission tower are also recorded as historic resources.

The Fremont Boulevard alignment appears on the 1913 USGS Monterey Quadrangle. The 1941 USGS Monterey Quadrangle depicts structures, mostly along the north side of the alignment, bordering the current project APE.

Several previous studies have included or touched on the project area (Sawyer et al. 2000; Doane and Haversat 2006; Doane and Breschini 2006, 2007, and 2009; Holm, Chao and Holson 2011). No resources were found in the project APE during previous surveys.

Native American Consultation
A Sacred Lands File Search was initiated on October 3, 2014. The response was not received until November 14. On November 17 consultation requests were sent to the various Native Americans on the list provided by the NAHC. Three consultants responded by email. We called and talked to several more and left voice mail messages with the rest on December 4, 2014. No new information was provided by the several consultants.

Field Research
None of the materials frequently associated with prehistoric cultural resources in this area (dark midden soil containing fragments of weathered marine shell, flaked or ground stone, bone fragments, fire-affected rock, etc.) were observed during the field survey.

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5 There was no surface evidence of potentially significant historic period archaeological resources seen within the project APE
The small areas of visible soil adjacent to pavements were tan to white sand that contained many imported rocks and other fill materials.

CONCLUSIONS AND RECOMMENDATIONS
Based upon the background research and the field assessment, we have concluded that the project APE contains no evidence of significant cultural resources. For this reason we make the following recommendation:
• The proposed North Fremont Boulevard project should not be delayed for archaeological reasons.

Because of the possibility of unidentified (e.g., buried) cultural resources being found during any earth disturbance, we recommend that the following standard language, or the equivalent, be included in any permits issued for the project:
• If potentially significant archaeological or historic resources are accidentally discovered during construction, work shall be halted until the find is evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated, with the approval of the lead agency, and implemented.

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6 REFERENCES
Breschini, G. S., T. Haversat, and R. P. Hampson
1983 A Cultural Resources Overview of the Coast and Coast-Valley Study Areas [California]. Coyote Press, Salinas.

Doane, M. and G. S. Breschini
2007 Phase 1 Archaeological Reconnaissance for the Marina Coast Water District, Regional Urban Water Augmentation Project, Recycled Water Component, Northern Segment, in Marina, Ord Community, Seaside and Monterey, Monterey, Monterey County, California. Report on file with the Northwest Information Center, Sonoma State University. 2009 Preliminary Archaeological Reconnaissance for the CaliforniaAmerican Water Company Improvement Project 1, PRV Stations in the Coastal Zone, In Monterey and Seaside, Monterey County, California.

Report on file with the Northwest Information Center, Sonoma State University.

Doane, M. and T. Haversat
2006 Phase 1 Archaeological Reconnaissance for the Marina Coast Water District, Regional Urban Water Augmentation Project, Recycled Water Component, Northern Segment, in Marina and Seaside, Monterey, Monterey County, California. Report on file with the Northwest Information Center, Sonoma State University.

Holm, L., K. Chao and J. Holson
2011 Archaeological Assessment for the City of Monterey 2011 Sewer Rehabilitation Project, Monterey County, California. Report on file with the Northwest Information Center, Sonoma State University.

Kroeber, A. L.
1925 Handbook of the Indians of California. Bureau of American Ethnology Bulletin 78.

Levy, R.
1978 Costanoan. Pp. 485-495 in Handbook of North American Indians, Vol. 8, California. Smithsonian Institution, Washington, D.C.

Margolin, M.
1978 The Ohlone Way. Heyday Books, Berkeley.

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7 Attachment 1

CHRIS DOCUMENTATION
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8 Attachment 2

NATIVE AMERICAN CONSULTATION
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ARCHAEOLOGICAL CONSULTING
P.O. BOX 3377
SALINAS, CA 93912
(831) 422-4912
Fax (831) 422-4913
December 5, 2014
AC 5035
Josh Harwayne
Denise Duffy & Associates
947 Cass St., Suite 5
Monterey, CA 93940
Re: North Fremont Boulevard project
Dear Mr. Harwayne:

At your request we initiated a search of the sacred lands file with the Native American Heritage Commission (NAHC) on October 3, 2014. Attached please find a copy of the response, dated November 17, 2014 from Katy Sanchez of the NAHC. As you will see there was no specific site information found in their files regarding the project area, which lies within traditional Ohlone territory. She recommended that we make additional contacts with other Native American sources of information regarding the potential for cultural resources in the project area. Because these Native American peoples are not a federally recognized tribe, there is no single person or group who represents all of them. A sample copy of the letters regarding your project that were sent on November 24, 2014 to the Native American contacts on the NAHC list is also attached.

I have received an email response from Ed Ketchum, historian of the Amah Mutsun Tribal, who referred me to the Esselen Nation. I also received a response from Irenne Zwierlein and Michelle Zimmer of the Aman Mutsun Tribal Band of Mission San Juan Bautista. They recommend that construction crews be trained in cultural sensitivity and monitors when necessary.

I called the other consultants on December 4, 2014. Val Lopez referred me to the Esselen Nation for information. Tony Cerda of the Costanoan Rumsen Carmel Tribe requested information on any findings that may occur during the project.

Ramona Garibay of the Trina Marine Ruano Family was unfamiliar with the area.

Ann Marie Sayers of the Indian Canyon Band of Costanoan had no specific information or concerns with the project area. I left voice messages for Louise Miranda-Ramirez and Christianne Arias of the Ohlone/Coastanoan-Esselen Nation, and with Jakki Kehl.

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Although the Native Americans offered no information specific to sites in the project area, they wish to know of any significant discoveries during the project.

Because of their concern for the preservation of the cultural resources which comprise their heritage, the listed Native Americans should be informed of the of the discovery of any previously unknown cultural resources which may occur during the course of this project. A continuing sensitivity to their concerns and the inclusion of interested Native Americans in this project will be greatly appreciated by them.

If I should receive further information or requests for consultation from other Native Americans, I will provide a supplement to this summary letter.

Please feel free to call if you have any further questions or need additional information in this matter.

Yours truly,
Mary Doane
Mary Doane
Cc. Native American Heritage Commission
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ARCHAEOLOGICAL CONSULTING
P.O. BOX 3377
SALINAS, CA 93912
(831) 422-4912
Fax (831) 422-4913
October 3, 2014
AC 5035
Debbie Pilas Treadway
State Of California
Native American Heritage Commission
Via email: [email protected]
Re: Sacred Lands File search request
Dear Debbie:

We have just started a Phase I Archaeological Survey for the proposed North Fremont Boulevard Project in Monterey and Seaside, Monterey County. We do not yet have the results of the CHRIS search for recorded archaeological sites in and near the project area.

We are contacting your office for information on possible Native American Sacred sites or concerns in the project area. Would you please search your Inventory of Sacred Lands to determine whether the project area contains any such resources in Township 15S/Range 1E (see attached map from the USGS 7.5 Minute Seaside Quadrangle).

We are prepared to contact local Native Americans for their comments on the proposed project area if you will provide us with the names and addresses on your current list for this part of Monterey County.

If you have any questions about this request, please do not hesitate to contact our office.

Yours truly,
Mary Doane
Mary Doane
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ARCHAEOLOGICAL CONSULTING
P.O. BOX 3377
SALINAS, CA 93912
(831) 422-4912
Fax (831) 422-4913
November 24, 2014
AC 5035
Tony Cerda
Coastanoan Rumsen Carmel Tribe
240 E. 1st St.

Pomona, CA 91766
Re: North Fremont Boulevard Project in Monterey and Seaside Dear Tony:

We are in the process of completing a Phase I Archaeological Survey for the proposed North Fremont Boulevard Project in Monterey and Seaside Monterey County, California (see Map attached). The current project proposes pedestrian, bicycle and transit improvements within the existing Fremont Boulevard right-of-way.

The Northwest Information Center has found no prehistoric archaeological sites within the project area or within one kilometer of the project area. There are several historic resources recorded within one kilometer.

We are contacting you for additional information on Native American Sacred Lands or other native resources that may be in or near the project area and subject to project impacts. Please contact me at your earliest convenience with your response or concerns.

If you have any questions about this request, please do not hesitate to contact our office.

Yours truly,
Mary Doane
Mary Doane
Attachment
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2/8/2022 Mail - Fernanda Roveri - Outlook
https://outlook.office365.com/mail/sentitems/id/AAQkAGM5MDQ1ZjE2LWVlZTEtNDZmZS1iOGZiLWQ3YmJkMzA4OTE4MwAQAO2tOu9rMV1LjSbSo… 1/1 Notification of Consultation Opportunity, pursuant to Pub. Resources Code § 21080.3.1 Fernanda Roveri <[email protected]>
Tue 2/8/2022 10:53 AM
To: Fernanda Roveri <[email protected]>
Bcc: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Tom Little Bear Nason <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Susan Morley <[email protected]>; Jana Nason <[email protected]>; Brenna Wheelis <[email protected]>; Cari Herthel <[email protected]>
Dear Tribal Representave,
The purpose of this email is to satisfy the notification requirements of AB 52 at Pub. Resources Code § 21080.3.1. The City of Monterey has decided to undertake the following project.

Project Title: North Fremont Street Sidewalk Gap Closure Project Lead Agency Name and Address: City of Monterey, 580 Pacific Street, Monterey, CA 93940 Contact Person, Email, and Phone Number: Fernanda Roveri, AICP, Principal Planner, [email protected], (831) 242-8788
Project Location: The project is located at the east end of North Fremont Street (north side only) between Casanova Avenue and Canyon Del Rey Boulevard (State Route 218), on portions of APNs 013-142-004- 000, 013-142-005-000, and 013-142-006-000, and on public right-of-way in the cities of Monterey and Seaside.

Project Sponsor’s Name and Address: City of Monterey, 580 Pacific Street, Monterey, CA 93940 General Plan Designation: City of Monterey: Parks and Open Space; City of Seaside: Parks and Open Space Zoning: City of Monterey: Open Space; City of Seaside: Open Space and Recreation Description of Project: The project is the construction of an approximate 130-foot long prefabricated bicycle and pedestrian bridge to connect an existing gap in the sidewalk along North Fremont Street on the border of the City of Seaside and City of Monterey. The project involves limited ground disturbance and fill for the span’s abutments, curb and gutter improvements, paved sidewalk/trail approaches on each side of the span, and removal of up to four existing oak trees.

Pursuant to PRC § 21080.3.1. (b), you have 30 days from the receipt of this email to request consultation with the City of Monterey. Please contact Principal Planner Fernanda Roveri at (831) 242-8788 or at [email protected] should you have any questions regarding this project.

Respectfully,
Fernanda Roveri
Principal Planner
(831) 242-8788
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Packet Page 288
 





 


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!#/$# XYZ[\[]\^_`YZa bcdefdghibiheejc klmnopqprlsll Exhibit A
Packet Page 289
North Fremont Sidewalk Gap Closure Project Exhibit B
Mitigation Monitoring and Reporting Program
Mitigation Measure Implementation and
Monitoring/Reporting
Responsibility
Timing Requirements Reporting
Requirements &
Verification of
Compliance (Completed
As Part of Project)
MM 1 Fencing and Monitoring. Riparian habitat
and potential waters of the U.S. and State shall be
avoided during construction with protective
fencing. A biological monitor will supervise the
installation of protective fencing and monitor at
least once per week until construction is complete
to ensure that fencing remains intact and work
crews are properly avoiding the habitat area. If all
riparian areas and waters are avoided, no
additional mitigation is necessary.

Public Works
Department
During Construction
MM 2 Construction Best Practices. To protect
water quality and riparian vegetation during
construction, the following measures shall be
included on the construction specifications and
documents:
• Project contractor shall ensure that
trenching, excavating, backfilling and other
activities that involve substantial soil
disturbance adjacent to riparian vegetation
and Canyon Del Rey Creek are planned
and implemented with a qualified
hydrologist, engineer or erosion control
specialist, and shall utilize standard erosion
control techniques to minimize erosion and
sedimentation near sensitive areas.

Public Works
Department
Prior and During
Construction
Packet Page 290
North Fremont Sidewalk Gap Closure Project Exhibit B • Stationary equipment such as motors, generators, and welders located within 100
feet of the creek shall be stored overnight
at staging areas and shall be positioned
over drip pans.
• No debris, soil, silt, sand, oil, petroleum
products, cement, concrete or washings
thereof shall be allowed to enter, or be
placed where they may be washed by
rainfall or runoff, into riparian areas or
Canyon Del Rey Creek.
• All construction debris and associated
materials shall be stored in staging areas
and shall be removed from the work site
upon completion of the project.
• Cleaning or refueling of equipment shall
take place within turnouts or staging areas
at least 50 feet from riparian areas and
Canyon Del Rey Creek.
• All refueling shall be conducted over plastic
bags filled with sawdust or other highly
absorbent material. Clean-up materials for
spill shall be kept on hand at all times. Any
accidental spills of fuel or other
contaminants shall be cleaned up
immediately.

MM 3 Preconstruction Bird Surveys. The
applicant shall schedule all on-site tree removal
and grading to occur between August 31th and
March 1st of any given year to avoid the Central
Coast bird nesting season. If this schedule is not
practical, the project sponsor shall fund the
engagement of a qualified biologist to conduct
preconstruction nesting bird surveys no more than
two weeks prior to removal of trees and grading. If
no active bird nests are observed, no additional
Public Works
Department
Prior to Construction
Packet Page 291
North Fremont Sidewalk Gap Closure Project Exhibit B
measures are required. If nesting birds are
observed, the biologist will establish a buffer zone
where no tree removal or grading will occur until
the biologist confirms that all chicks have fledged.

MM 4 Tree Replacement. Prior to removal of oak
trees, the lead agency shall follow the tree removal
permit process of both Monterey and Seaside.

Upon completion of construction, final site work
shall include oak tree replacement at a 1:1 ratio, or
as specified by local tree ordinances.

Public Works
Department
Prior to Project Final
MM 5 Cultural Awareness Training. Prior to
commencing any ground disturbing work at the
project site, construction managers and personnel
shall participate in cultural and tribal sensitivity
training conducted by a qualified archaeologist
approved by the City of Monterey Planning
Division. At minimum, the training shall explain (1)
applicable statutes, regulations, and enforcement
provisions; (2) the prehistoric and historic
environment setting and context, including
information regarding the local tribal groups; and
(3) what prehistoric and historic archaeological
deposits look like at the surface and when
exposed during construction. Construction
personnel shall not be permitted to operate
equipment within the project area unless they have
attended the training. A list of names of all
personnel who attended the training shall be
submitted to the City of Monterey Planning
Division.

Public Works
Department
Prior to Commencing
Ground Disturbing Work
MM 6a Discovery of Cultural Resources. During
project construction, if any archeological,
paleontological, or tribal resources (e.g., evidence
of past human habitation or fossils) are found, the
project applicant and/or its contractor shall cease
all work within 50 feet of the discovery and notify
Public Works
Department
During Construction
Packet Page 292
North Fremont Sidewalk Gap Closure Project Exhibit B
the City of Monterey Planning Division
immediately. Cultural and/or tribal cultural
resources may include prehistoric archaeological
materials such as flaked and ground stone tools
and debris, shell, bone, ceramics, and fire-affected
rock, as well as historic materials such as glass,
metal, wood, brick, or structural remnants. The
project applicant and/or its contractor shall retain a
qualified archaeologist, or paleontologist if
applicable, to evaluate the finds and, subject to
review and approval by the City, develop
appropriate treatment measures for the
inadvertently discovered resources. Such
measures may include avoidance, preservation in
place, excavation, documentation, curation, or
other appropriate measures. (Health and Safety
Code Section 7050.5). The City shall consult with
appropriate Native American representatives in
determining appropriate treatment measures for
unearthed cultural resources if the resources are
prehistoric or Native American in nature.

MM 6b Discovery of Human Remains. If human
remains or cultural resources associated with a
burial (i.e. grave goods) are discovered during
construction, the project applicant and/or its
contractor shall immediately cease all ground
disturbing work on the site and all work within 50
feet of the find and notify the City of Monterey
Planning Division and the Monterey County
Coroner, according to California Health and Safety
Code Section 7050.5. If the Coroner determines
the remains to be Native American, the Coroner
shall notify the Native American Heritage
Commission. All involved parties shall follow the
procedures in CEQA Guidelines Section
15064.5(d) and (e) and Public Resources Code
Public Works
Department
During Construction
Packet Page 293
North Fremont Sidewalk Gap Closure Project Exhibit B
section 5097.98. The Commission will designate a
Most Likely Descendant (MLD) who will be
authorized to provide recommendations for
management of the Native American human
remains and any associated materials or objects
(Public Resources Code Section 5097.98 and
Health and Safety Code Section 7050.5).

Authorization to resume construction shall only be
given by the City after consultation with the most
likely descendent and shall include implementation
of all appropriate measures to protect any possible
burial sites or human remains.

MM 7: Prior to the initiation of construction, the
City of Monterey City Engineer shall ensure that
all project plans and specifications stipulate that: ▪ All construction equipment, fixed or mobile, shall be equipped with properly operating
and maintained mufflers;
▪ Construction noise reduction methods such
as shutting off idling equipment, installing
temporary acoustic barriers around
stationary construction noise sources,
maximizing the distance between
construction equipment staging areas and
occupied residential areas, and use of
electric air compressors and similar power
tools, rather than diesel equipment, shall
be used where feasible;
▪ During construction, stationary construction
equipment shall be placed such that
emitted noise is directed away from
sensitive noise receivers;
▪ During construction, stockpiling and vehicle
staging areas shall be located as far as
practical from noise sensitive receptors;
and
Public Works
Department
Prior to Initiation of
Construction
Packet Page 294
North Fremont Sidewalk Gap Closure Project Exhibit B
▪ Operate earthmoving equipment on the
construction site, as far away from vibration
sensitive sites as possible.

MM 8: Prior to the issuance of a grading permit,
the City’s Building Division shall confirm that
vibratory rollers capable of generating vibration
levels above 0.2 inches per second PPV shall not
be used within 20 feet of adjacent residences. If
the contractor can demonstrate that vibratory
rollers have vibration levels of less than 0.2 inches
per second PPV, then they shall be allowed to
operate within the 20-foot buffer zone.

Building Department Prior to Issuance of a
Grading Permit
MM 9 Native American Monitoring. At least ten
(10) business days prior to conducting ground
disturbing activities, the City will notify the three
tribes, specifically the Indian Canyon Band of
Costanoan Ohlone People, the
Ohlone/Costanoan-Esselen Nation, and the
Esselen Tribe of Monterey County, who requested
to have a Native American monitor on site. Each
tribe may designate one monitor to be on site and
conduct monitoring during the project. As this is a
working construction site, each monitor must sign
a release and liability waiver prior to conducting
monitoring onsite.

Public Works
Department
10 Days Prior to
Conducting Ground
Disturbing Activities
Packet Page 295
Figure 1
Project Location
Figure 2
Project Design
Packet Page 296
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE NORTH FREMONT STREET SIDEWALK GAP CLOSURE

PROJECT MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM
WHEREAS, there is currently a gap in the existing sidewalk along the north side of North Fremont Street, between Casanova Avenue and Canyon Del Rey Boulevard (also known as California State Route CA-218); and
WHEREAS, the gap prevents continuous pedestrian movement in this location, where pedestrians must either cross North Fremont Street to use the sidewalk, use the travel lane, or negotiate an uneven dirt path beyond a metal guardrail; and WHEREAS the purpose of the North Fremont Street Sidewalk Gap Closure Project is to connect/complete the sidewalk and provide safety improvements to the pathway for pedestrian and cyclist connectivity along the north side of North Fremont Street with a Class I multi-use trail; and
WHEREAS, the proposed project is located in both the cities of Monterey and Seaside.

The City of Seaside adopted Resolution 21-38 allowing Monterey to serve as the lead agency for the environmental review, and the City of Seaside is the responsible agency for the project. Both cities will need to certify the environmental document; and WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration was posted according to the California Environmental Quality Act (CEQA) Section 15072 and a Draft Initial Study and Mitigated Negative Declaration (IS/MND) were circulated for public review for the required 30 day public review period, from December 22, 2022 to January 23, 2023 (CEQA Section 15073), during which time all related documents were made available at the Monterey City Hall Planning Office and on the City’s website; and WHEREAS, the IS/MND discloses that the project could result in potentially significant environmental impacts associated with biological resources, cultural resources, noise, tribal cultural resources, and mandatory findings of significance. Mitigation Measures have been required that will reduce the potential impacts to a less-than-significant level; and WHEREAS, no comment letters were received during the public review period. There is no evidence before the City indicating that the proposed project could cause significant adverse environmental effects which have not already been considered, analyzed, and mitigated in the IS/MND; and
Packet Page 297
WHEREAS, the City of Monterey has prepared a Mitigation Monitoring and Reporting Program (MMRP) (Exhibit B) that will be implemented to ensure compliance with mitigation measures and critical timing of these measures; and
WHEREAS, the City of Monterey City Council, at a properly noticed public hearing on March 7, 2023, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside that it hereby adopts a Mitigated Negative Declaration and Mitigation Monitoring Report and Program for the North Fremont Street Gap Closure project, attached hereto as Exhibits A and B based on the following Finding:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of July by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 298