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HomeMy WebLinkAbout4.03 San Ramon Rd Bypass + a /J�,c/y V+ 0 0 I STAFF REPORT CITY CLERK ��� CITY COUNCIL File #670-40 C /FOIZNI la 00-W DATE: October 21, 2014 TO: Honorable Mayor and City Councilmembers (14-____, -(,-- FROM: Christopher L. Foss, City Manager . SUBJECT: Adopt the Negative Declaration and Approve Amendment to the Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the San Ramon Road Bypass Storm Drain Project, CIP No. st1212 Prepared by Andrew Russell, Assistant Public Works Director/City Engineer EXECUTIVE SUMMARY: 1 The City Council will consider adoption of Negative Declaration and approval of an amendment to the cooperative agreement with Caltrans for the San Ramon Road Bypass Storm Drain project (the Project). City consultants prepared the Project Negative Declaration which was noticed and circulated for a 20-day public review period from August 20, 2014 to September 9, 2014. City and Caltrans staff prepared an amendment to Cooperative Agreement No. 4-2443 to extend the completion date of the project. 1 FINANCIAL IMPACT: j Under the terms of the Cooperative Agreement, Caltrans is funding the entire Project budget of 1 $892,000. There is no financial impact to the City associated with the adoption of the Project i Mitigated Negative Declaration and approval of the amendment to the cooperative agreement. t, RECOMMENDATION: I Staff recommends that the City Council adopt the Resolution Adopting the Negative Declaration and Approving an Amendment to the Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the San Ramon Road Bypass Storm Drain Project, CIP No. st1212. L. '' , _____rit .. , -44(( N./4:- 4 ubmitte By Reviewed By Public Works Director Assistant City Manager DESCRIPTION: The San Ramon Road Bypass Storm Drain Project consists of an installation of a new storm drain line along the west side of San Ramon Road between Shannon Avenue and Silvergate Drive. The new line will divert 10-acres of runoff from the current 16-acre watershed. The diverted runoff will flow through a new vegetated bio-retention basin located within the street 4 (;) 1 Page 1 of 3 ITEM NO. 4.3 V right-of-way just north of Silvergate Drive. The basin will remove trash and pollutants from the runoff and will be dry except during rain events. The basin provides mitigation for the Caltrans 1- 580 Altamont Pass Truck Climbing Lane project, which is scheduled to be complete in early 2016. The City of Dublin and Caltrans entered into a Cooperative Agreement No. 4-2443 in August 2012 (Attachment 3). In the Agreement, the City agreed to design, construct, and maintain the bio-retention basin and Caltrans agreed to fund the project, including the cost of basin maintenance for twenty (20) years. Subsequently, the City hired consultants to prepare the construction drawings and to complete the environmental documents. Per the cooperative agreement, the project design was to be completed by April 2013 and construction completed by December 2014. The project design was delayed by Staff in spring 2013 in order to seek consultation from California Department of Fish and Wildlife (CDFW) staff regarding potential enhancements to drainage areas upstream of the project site. Due to the proximity of the bio-retention basin, Staff considered expanding the project to include the upstream work. However CDFW permitting requirements, timelines, and associated project costs were deemed too onerous to integrate into the bio-retention basin project. Subsequently City and Caltrans staff met and agreed to recommend changes to the dates within the cooperative agreement. The proposed amendment to the agreement calls for project plans to be complete by December 31, 2014, and for project construction to be complete by December 31, 2016. Staff intends to bid and construct the project in early 2015. Environmental Review— Negative Declaration The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. An Initial Study was prepared to determine the level of environmental review necessary for the project. Based on the analysis in the Initial Study, it has been determined that the project will not have a significant effect on the environment; therefore a Negative Declaration was prepared for the project. The Negative Declaration was circulated for public review between August 20, 2014, and September 9, 20147 and comments were received from Dublin San Ramon Services District (DSRSD), Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7), and the State of California Department of Transportation (Caltrans). None of the comments identified any new or substantially more adverse environmental effects. DSRSD commented that the proposed project would not impact the District in providing water or wastewater services in the City of Dublin. This comment was noted and no response is required. Zone 7 questioned the type of rain event (5-year, 100-year, or other) the proposed facility is designed to accommodate. Staff's response is that the proposed bio-retention basin is designed to treat the high-frequency, low-intensity 0.2-inch per hour storm. Higher intensity storms will bypass the bio-retention basin and continue through the underground storm drain system. Also, the basin is designed with an overflow inlet at the downstream end, with inlet openings one-foot above the basin invert, which ensures that the basin will not overflow at its edges during higher intensity rainfall events. Caltrans commented that the Initial Study states that a California Fish and Wildlife Service Stream Alteration Agreement may be required, but was not identified in the Biological Resource Page 2 of 3 section of the Initial Study. Staff's response is that a Streambed Alteration Agreement will not be required for the project, based upon the biological resource assessment prepared for the project. Caltrans also asked for text corrections and suggested that impacts to archeological and paleontological resources be changed from "less than significant impact" to "no impact" within the Initial Study. These comments were noted and changed by reference in the Initial Study. The draft Resolution adopting the Negative Declaration is included as Attachment 2 to this staff report. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The notice of intent to adopt a Negative Declaration was published in the Valley Times on August 20, 2014. ATTACHMENTS: 1. Project Site Location Map 2. Resolution Adopting the Negative Declaration and Approving Amendment to the Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the San Ramon Road Bypass Storm Drain Project, CIP No. st1212 3. Exhibit "A" to the Resolution — Negative Declaration 4. Exhibit "B" to the Resolution —Amendment to the Cooperative Agreement with Caltrans Page 3 of 3 1 i i { 3 Attachment 9 , Location Map - San Ramon Road Bypass Storm Drain s r b � z 1 � t f New Storm Drain Line Vegetated Treatment Pond RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING THE NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH CALTRANS FOR THE SAN RAMON ROAD BYPASS STORM DRAIN PROJECT, CIP NO. ST1212 WHEREAS, the State of California Department of Transportation (Caltrans) is constructing the Interstate 580 Altamont Pass Truck Climbing Lane Project in Alameda County; and WHEREAS, the San Francisco Bay Regional Water Control Board (Regional Board) has required Caltrans to provide mitigation for impacts to water quality due to the construction of the truck climbing lanes; and WHEREAS, the State and Regional Board have agreed that Caltrans can provide a portion of the mitigation through the installation and maintenance of a vegetated stormwater treatment bio-retention basin on San Ramon Road north of Silvergate Drive, including construction of a storm drain line to divert flows to the bio-retention basin (Project); and WHEREAS, the City of Dublin and Caltrans entered into Cooperative Agreement No. 4- 2443 (Cooperative Agreement), on August 31, 2012, incorporated herein by reference, under which the City of Dublin agreed to install and maintain the Project improvements and Caltrans will agree to reimburse the City for Project costs in an amount not to exceed $892,000; and WHEREAS, per the Cooperative Agreement, the City is responsible for the preparation of Project environmental documentation in accordance with the California Environmental Quality Act; and WHEREAS, consistent with all requirements of the California Environmental Quality Act, the City prepared and circulated an environmental Initial Study and Draft Negative Declaration on the San Ramon Road Storm Drain Bypass Project for a 20-day public review period; and WHEREAS, during the public review period of August 20, 2014 to September 9, 20147 the City received three written comments on the Project and the proposed Negative Declaration, and none of the three comments identify any new or significant environmental impacts; and WHEREAS, the City prepared written responses to the comments, which comments and responses are included in the Negative Declaration, dated August 2014, and are incorporated herein by reference; and WHEREAS, the City Council has reviewed a Staff Report and the Negative Declaration at their meeting on October 21, 2014, prior to taking action on the Project; and WHEREAS, the location and custodian of the Negative Declaration and other documents that constitute the record of proceedings for the project is the Public Works Department, 100 Civic Plaza, Dublin, CA, 94568 Attn: Andrew Russell; and WHEREAS, Caltrans has prepared an amendment to the Cooperative Agreement extending the date to complete plans, specifications, and estimates to December 31, 2014, and extending the date to complete the Project to December 31, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council finds that on the basis of the whole record before it (including the Initial Study, Negative Declaration, comments and responses) that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that after reviewing and considering the Negative Declaration, the City Council of the City of Dublin does hereby adopt the Negative Declaration (including related comments and responses) for the San Ramon Road Storm Drain Bypass Project, attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Cooperative Agreement between Caltrans and the City of Dublin, extending the date to complete the Project plans, specifications, and estimates to December 31, 2014, and extending the date of Project completion to December 13, 2016. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment to the Cooperative Agreement, attached hereto as Exhibit "B". BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, together with duplicate executed copies of the Amendment to the Cooperative Agreement, to Caltrans for approval and processing. PASSED, APPROVED AND ADOPTED this 21st day of October 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk CITY OF DUBLIN CITY OF NEEGATME DEiCLARATION UBLINProject Title: San Ramon Road Drainage and Water. ua'lity Improvement 100 civic laza Project butilin,Cal.for�ia 94568 Pitons:(525)833-6650 Eax:(05)333=6651 Description of Project: Consideration of surface and subsurface stormwater facilities and water quality in provernents on San Ramon Road to improve surface water quality. Project.Location: Within the San Ramon Road right-of:way between :Shannon Drive to the north to Silvergate Drive to the south. Name of Proponent City of Dublin Attn:Andrew Russell;.City Engineer Public Works Department 100 Civic Plaza Dublin CA 94568 Determination: l.hereby find that the above project could not have a significant effect on the environment and a NEGATIVE tityeounell DECLARATIC}N'is hereby approveel, (925).833-66S0 City-Manager (925)833°6650 Community Development (92$)833.6610 EcouomlcD2vclopment (925J 8336650 Finance/Adman Service's (925)833,6640 r F 61 Fire Prevettu°" Andrew C.Russell City Engineer Date (9251833w6606 Human Resources (g.25)833-6605 Parki&Comm un,tyserores Copies of the Initial Study documenting the reasons to support the above l (925)556-4500 1 rain finding ereavailable.atthe City.of:Dublin,Public Works Department,10o Civic �9�5)a3�-6670 Plaza D � Publ[t Works)EnpTneering , Dublin,CA 94568,or by calling 025)$33"6630: (9251833.6630 Attachments Dublin. Date Published. 14IIdG�xlcal�. Date Posted: j Date Notice Mailed; Considered by: as1a Oct: vvtvw.dUtilin.eagav NIO,D. f1.led: s Council Resolut on:No. San Ramon Road Drainage Improvement Project STUDYI NEGATIVE DECLARATION Lead Agency: City ®f Dublin Prepared By: Jerry Haag,Urban Planner August,2014 Table of Contents Project Sponsor &Contact Person..............................................................................2 Project Location and Context......................................................................................2 ProjectDescription........................................................................................................3 Environmental Factors Potentially Affected.............................................................8 Evaluation of Environmental Impacts.......................................................................9 Attachment to Initial Study.........................................................................................22 1. Aesthetics...............................................................................................22 2. Agricultural Resources.........................................................................23 3. Air Quality.............................................................................................23 4. Biological Resources.............................................................................23 5. Cultural Resources................................................................................24 6. Geology and Soils .................................................................................25 7. Greenhouse Gas Emissions..................................................................25 8. Hazards and Hazardous Materials ....................................................26 9. Hydrology and Water Quality............................................................27 10. Land Use and Planning........................................................................28 11. Mineral Resources.................................................................................29 12. Noise........................................................................ ..29 ............................. 13. Population and Housing......................................................................30 14. Public Services.......................................................................................30 15. Recreation...............................................................................................31 16. Transportation/Traffic.........................................................................31 17. Utilities and Service Systems...............................................................32 18. Mandatory Findings of Significance..................................................32 InitialStudy Preparers .................................................................................................34 Agencies and Organizations Consulted....................................................................34 References ......................................................................................................................34 City of Dublin Environmental Checklist/ Initial Study This Initial Study has been prepared in accord with the provisions of the California Environmental Quality Act(CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. Project Sponsor& Contact Person City of Dublin Public Works Department 100 Civic Plaza Dublin CA 94568 (925) 833 6630 Attn: Andrew Russell, PE, City Engineer Project Location and Context The City of Dublin Planning Area consists of approximately 18.76 square miles of land area lying in eastern Alameda County, also known as the Livermore-Amador Valley, or the Tri-Valley area.Surrounding jurisdictions include the City of San Ramon and unincorporated Contra Costa County to the north,unincorporated Alameda County to the east and west and the cities of Pleasanton and Livermore to the south. The project site lies within the public right-of-way of San Ramon Road between Shannon Road to the north and Silvergate Drive to the south.San Ramon Road is a four lane arterial roadway in the City of Dublin that extends to Pleasanton to the south to San Ramon to the north.North-south travel lanes are divided by a raised landscaped center median. Trees and other landscape material line the edge of the road. An approximately 10-foot wide multi-use recreational trail parallels the western edge of the roadway. In addition to pedestrian and bicycle use,the trail contains a "parcourse"recreational feature.A public pedestrian and bicycle trail exists along the eastern side of San Ramon Road,but is separated from travel lanes by landscaping. Surrounding land uses include low-density,single family residences east of San Ramon Road and a combination of low-density residences and a church on the west side of the road. City of Dublin Page 2 Initial Study/San Ramon Road Drainage Improvements June 2014 i Exhibits 1 and 2 show the location of Dublin in relation to surrounding communities and other major features. Project Description The City of Dubl'm is proposing to construct surface and subsurface.drainage improvements along the west side of San Ramon Road between Shannon Road and Silvergate Drive.Currently,stormwater runoff is collected along both sides of the street in underground pipes and an open culvert on the west side of the road.No provision exists for filtration of this water before it enters the regional drainage system. The City of Dublin is proposing to construct new drainage facilities on the west side of San Ramon Road whereby stormwater entering the system from upstream roads and private properties would be transported via a series of new underground pipes to a water quality pond located on the northwest corner of San Ramon Road and Silvergate Drive.The pond would encompass approximately 0.23-acre of surface area and would be sized to accommodate the maximum upstream runoff.After treatment in the pond, stormwater would re-enter the City and Zone 7 Water Conservation District regional storm drain system for ultimate disposal into San Francisco Bay to the west. All work for this project would be accomplished within City of Dublin right-of-way. No existing trees would be removed to construct planned drainage improvements.The existing public trail on the west side of San Ramon Road would be temporarily losed for construction and pedestrian traffic directed to the trail on the east side of the road. Project work will be limited to 8 a.m to 6 p.m.Monday through Friday with no work occurring on state and local holidays to minimize noise to surrounding neighborhoods.Exceptions may be granted by the Dublin City Engineer for extenuating circumstances. Public use of the trail on the west side of San Ramon Road would be limited during construction operations.Trail users would be safely directed to the existing trail on the east side of the road to avoid construction. More information on the proposed improvements are available for review at the Dublin Public Works Department,100 Civic Plaza,Dublin CA, during normal business hours. City of Dublin Page 3 Initial StudylSan Raman Road Drainage Improvements June 2014 SAN PABLO q Martinez q BAY. San so 680 Concord Rafael Richmond 580 Mill 107 Valley "Q . Walnut zq Creek Berkeley wo 0 Oakland Sao San Francisco �arh�a 5 A N San Leandro DUBLIN FHAN CISC.O 880 sao Daly City Livermore BAY poi Pleasanton Hayward 9 ¢eo San Mateo Fremont 1 Newark 0. Redwood City Half p Moon Bay Palo CD Alto � eeo 101 beo 200 Sunnyvale Santa Clara San Jose 1m 17 Exhibit i REGIONAL LOCATION CITY OF DUBLIN SAN RAMON ROAD DRAINAGE IMPROVEMENT PROJCT o z 4 s e ro m&s INITIAL STUDY `po Shann n Ave Project Site—� 0 4 Si/ve te Dr maaof\J ley�'1vd pUbCm 1-580 CITY OF DUBLIN Exhibit 2 SAN RAMON ROAD DRAINAGE IMPROVEMENT PROJECT INITIAL STUDY SITE CONTEXT IO a>• O m' e m m i M n M n i Z-U7 -Ql 3 fl IMINS MIS 3Nn NmvR F > Z Y1[ Y W O _ vQ aa_ as 6 � bb L — — v�i m }Y II' le ltr IN I Ics- biz III r. ,I + a ll N ° ' mama N > 6a � '�� _ w It Bd0 .all W cc a�� I t-a Z H � Z t I (1 O)b6Z - F,INs a YWWo>I. 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I Na 2 r All I� I r ul I Ii r - i37Un�a9-rL£ � Zl �£-9L£ , 1 w'rz uyLc j r PS. sl re£bl U d 9 t i,tLSS ZL'99+ I I I I + 16; I o I II 26 cc 9909u£nut I i n n�m I° )j f a f NI„rz)91`cb£^ul i� III r9A H S ,IV�tLN3Ql e rL£I^ul 1 1 I r •� W I I 1 I (tl 1b M dkl 10 1tl ' p� O WZ .I dp f 0 J s H�9�LS- + W r^ =_Ua gA99� 1111 3 ayo t (ru z6 tt£ us o tZ LU LU F'z �e m War rua att r i 1. o a tE13 o I I �II I: p2j t ud n 1 { I jl I+ F o �, I• II b l I moo'. I l 1 I a 9CIfiCN o .N ? \\ m QZpQW 1 o LIJ Co" 6 �17 Ur O W W W °° 1m Q ?IxOa I I ICL b '69�^�I i oc W E6g� f 145: ` I m r'�p 6p£L£I rca I x 11110� W I 1�4YQS -- 6 0 + 2LL ; I 3a I 1 j rl�it a w t-e-1 133H5 335 3NI,tCa.VW lj Ol HS 3 Gi ai1.V I +I }�T 0 O C LL W W I I I I I 0 J M O Z' n M n FU-taiD? 1.Project description: Consideration of surface and subsurface stormwater facilities on along San Ramon Road to improve surface water quality. 2.Lead agency/sponsor: City of Dublin 3. Contact person: Andrew Russell PE,City Engineer 4.Project location: San Ramon Road between Shannon Drive to the north to Silvergate Drive to the south 5. General Plan designation: 6. Surrounding Zoning: R-1,Single Family Residential &CN,Neighborhood Commercial 7. Other public agency required approvals: -California Fish&Wildlife Streambed Alteration Agreement(possible) City of Dublin Page 7 Initial Study/San Ramon Road Drainage Improvements June 2014 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"potentially significant impact" as indicated by the checklist on the following pages. -- Aesthetics -- Agricultural — Air Quality Resources -- Biological Resources -- Cultural Resources -- Geology/Soils -- Hazards and -- Hydrology/Water -- Land Use/ Planning Hazardous Materials Quality -- Mineral Resources -- Noise -- Population/Housin -- Public Services -- Recreation _ Transportation/ Circulation -- Utilities/Service — Mandatory Findings Systems of Significance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: X I find that the proposed project could not have a significant effect on the environment and a Negative Declaration will be prepared. _I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. _I find that the proposed project may have a significant effect on the environment and an Environmental Impact Report is required. I find that although the proposed project may have a"potentially significant impact" or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets. An Environmental Impact Report is required,but must only analyze the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects (a) have been analyzed in an earlier EIR or negative declaration pursuant to applicable standards, and b),have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration,including revisions or mitigation measures that are imposed on the proposed project,nothing further is required. City of Dublin Page 8 Initial Study/San Ramon Road Drainage Improvements June 2014 Signature: Date: Printed Name: J For: •f °i� Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except"no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A"no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g.the project falls outside a fault rupture zone). A"no impact" answer should be explained where it is based on project-specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action, including off-site as well as on- site, cumulative as well as project-level,indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less-than-significant with mitigation,or less-than-significant. "Potentially Significant impact"is appropriate if there is substantial evidence that an effect may be significant.If there are one or more"Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration:Less-than-Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less-than-Significant Impact."The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less-than-significant level (mitigation measures from Section XVII, "Earlier Analysis,"may be cross-referenced). 5) Earlier analyses may be used where,pursuant to the tiering,program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.Section 15063 (c) (3) (D).In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed.Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are"Less-Than-Significant with Mitigation Measures Incorporated," describe the mitigation measures City of Dublin Page 9 Initial Study/San Ramon Road Drainage Improvements June 2014 which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead Agencies are encouraged to incorporate into the checklist references to information sources for potential impacts(e.g. general plans).Reference to a previously prepared or outside document should,where appropriate,include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached and other sources used or individuals contacted should be cited for discussion. 8) This is a suggested form and lead agencies are free to use different formats; however,lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each agency should identify the significance criteria or threshold,if any,used to evaluate each question and the mitigation measures identified,if any,to reduce the impact to a less than significant level. City of Dublin Page 10 Initial Study/San Ramon Road Drainage Improvements June 2014 Environmental Impacts (Note: Source of determination listed in parenthesis.See listing of sources at end of checklist used to determine each potential impact). Note:A full discussion of each item is found Potentially Less Than Less than No following the checklist. Significant Significant Significant Impact Impact With Impact Mitigation 1.Aesthetics. Would the project: a)Have a substantial adverse impact on a scenic X vista? b)Substantially damage scenic resources, including but not limited to trees,rock X outcroppings and historic buildings within a state scenic highway? (Source: 1,5) c) Substantially degrade the existing visual character or quality of the site and its X surroundings?(Source: 1,3) d)Create a new source of substantial light or glare,which would adversely affect day or nighttime views in the area?(Source: 2,3) X 2.Agricultural Resources. Would the project: a) Convert Prime Farmland,Unique Farmland or Farmland of Statewide Importance,as show on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency,to a non-agricultural use?(Source: 1,3) b)Conflict with existing zoning for agriculture use or a Williamson Act contract?(1) X c) Conflict with existing zoning for,or cause rezoning of forestland(as defined by PRC Sec. 12220(g),timberland (as defined in X PRC Sec.4526),or timberland zoned Timberland Production (as defined in PRC Sec.51104(g)? (Source: 1,5) d)Result in the loss of forest land or conversion of forest land to non-forest use? (1,3) X e) Involve other changes in the existing environment that,due to their location or nature,could result in conversion of X farmland to a non-agricultural use or conversion of forestland to a non-forest use? (Source: 1,3) City of Dublin Page 11 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation 3.Air Quality(Where available,the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of X the applicable air quality plan? (Source: 1,5) b)Violate any air quality standard or contribute substantially to an existing or projected air X quality violation? (Source: 1,5) c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an X applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors? (1,5) d)Expose sensitive receptors to substantial X pollutant concentrations?(3) e)Create objectionable odors affecting a X substantial number of people? (2,3) 4.Biological Resources. Would the project a) Have a substantial adverse effect,either directly through habitat.modifications,on any species identified as a candidate, sensitive or special status species in local or X regional plans,policies or regulations,or by the California Department of Fish and Game or the U.S.Fish and Wildlife Service?(1,3) b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional X plans,policies or regulations or by the California Department of Fish and Game or the U.S.Fish and Wildlife Service?(1,3) c)Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh,vernal X pool,coastal,etc.)through direct removal, filling,hydrological interruption or other means? (3) City of Dublin Page 12 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation 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 X impede the use of native wildlife nursery sites? (3) e) Conflict with any local policies or ordinances X protecting biological resources,such as a tree preservation policy or ordinance? f)Conflict with the provision of an adopted Habitat Conservation Plan,Natural Community Conservation Plan or other X approved local,regional or state habitat conservation plan? (Source: 1,5) 5.Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as X defined in Sec. 150645?(Source: 1,3,5) b) Cause a substantial adverse change in the significance of an archeological resource X pursuant to Sec. 15064.5?(Source: 1,5) c) Directly or indirectly destroy a unique paleontological resource or unique geologic X feature?(Source: 1,3,5) d) Disturb any human remains,including those interred outside of a formal cemetery?(3) X 6.Geology and Soils. Would the project a) Expose people or structures to 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 Fault Zoning Map issued by the State X Geologist or based on other known evidence of a known fault?(Source: 1,3) ii)Strong seismic ground shaking?(1,5) X iii) Seismic-related ground failure,including X liquefaction? (Source: 1,5) iv)Landslides? (Source: 1,3) X b)Result in substantial soil erosion or the loss of X topsoil?(Source: 1,4)) City of Dublin Page 13 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation 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 X on-and off-site landslide,lateral spreading, subsidence,liquefaction or collapse? (1,5) d) Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code X (1994),creating substantial risks to life or property?(Source: 1,5) e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers X are not available for wastewater disposal? (2) 7.Greenhouse Gas Emissions. Would the project: a) Generate greenhouse gas emissions,either directly or indirectly,that may have a X significant impact on the environment?(1,5) b) Conflict with an applicable plan,policy or regulation adopted for the purpose of X reducing the emissions of greenhouse gases? 8.Hazards and Hazardous Materials. Would the project: a)Create a significant hazard to the public or the environment through the routine transport, X use or disposal of hazardous materials?(2. 5) b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the X release of hazardous into the environment? (5) c)Emit hazardous emissions or handle hazardous materials,substances,or waste X within one-quarter mile of an existing or proposed school?(Source: 1,3,5) City of Dublin Page 14 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation d)Be Iocated on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec.65962.5 X and,as a result,would it create a significant hazard to the public or the environment?(5) e) For a project located within an airport land use plan or,where such plan has not been adopted,within 2 miles of a public airport or X public use airport,would the project result in a safety hazard for people residing or working in the project area? (Source: 1,5) f)For a project within the vicinity of private airstrip,would the project result in a safety hazard for people residing or working in the X project area? (Source: 1,5) g)Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation X plan?(Source: 1,4) h)Expose people or structures to a significant risk of loss,injury or death involving wildland fires,including where wildlands X are adjacent to urbanized areas or where residences are intermixed with wildlands? (4) 9.Hydrology and Water Quality. Would the project: a)Violate any water quality standards or waste X discharge requirements?(Source: 1,4,5) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the X local groundwater table Ievel (e.g.the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source: 1,3) City of Dublin Page 15 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation c) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or X river,in a manner which would result in substantial erosion or siltation on-or off- site?(Source: 1,4,5) d) Substantially alter the existing drainage pattern of the site or areas,including through the alteration of a course or stream or river, X or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site?(Source: 1, 4) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or X provide substantial additional sources of polluted runoff?(Source: 1,4) f) Otherwise substantially degrade water X quality?(Source: 1,2,3) g) Place housing within a 100-year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood X delineation map? (Source: 1,4) h)Place within a 100-year flood hazard area structures which impede or redirect flood X flows?(Source: 1,4) i)Expose people or structures to a significant risk of loss,injury,and death involving X flooding,including flooding as a result of the failure of a levee or dam? (Source: 1,5) j) Inundation by seiche,tsunami or mudflow? X 10.Land Use and Planning. Would the project: a)Physically divide an established community? (Source: 1,3) X City of Dublin Rage 16 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation b)Conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction over the project(including but X not limited to the general plan,specific plan, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1,3) c)Conflict with any applicable habitat conservation plan or natural community X conservation plan? (Source: 1,3) 11.Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to X the region and the residents of the state? (1) b)Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan,specific X plan or other land use plan? (Source: 1) 12.Noise. Would the proposal result in: a)Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance,or X applicable standards of other agencies? (1) b)Exposure of persons or to generation of excessive groundborne vibration or X groundborne noise levels? (Source: 1,3) c)A substantial permanent increase in ambient noise levels in the project vicinity above X existing levels without the project?(1,3) d)A substantial temporary or periodic increase in ambient noise Ievels in the project vicinity X above levels without the project? (1,3) 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 X or public use airport,would the project expose people residing or working n the project area to excessive noise levels? (1,5) City of Dublin page 17 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation f) For a project within the vicinity of a private airstrip,would the project expose people X residing or working in the project area to excessive noise levels? (5) 13.Population and Housing. Would the project a)Induce substantial population growth in an area,either directly or indirectly (for X example,through extension of roads or other infrastructure)?(1,3) b) Displace substantial numbers of existing housing,necessitating the construction of X replacement housing elsewhere?(1,3) c)Displace substantial numbers of people, necessitating the replacement of housing X elsewhere?(Source: 1,3) 14.Public Services. Would the proposal: a)Would the project result in substantial adverse physical impacts associated with the provision of 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?(Source: 4) Fire protection? X Police protection? X Schools? X Parks? X Other public facilities X 15.Recreation: a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial X physical deterioration of the facility would occur or be accelerated? (Source: 4,5) b)Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? (Source: 1,2) City of Dublin Page 18 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation 16.Transportation and Traffic. Would the project. a) Conflict with an applicable plan,ordinance or policy establishing measures of effectiveness for the performance of the X circulation system,taking into account all modes of transportation,including mass transit and all non-motorized travel and relevant components of the circulation system,including but not limited to intersections, streets,highways and freeways,pedestrian and bicycle paths and mass transit? (Source: 1,4) b) Conflict with an applicable congestion management program,including but not limited to,Ievel of service and travel X demand measures,or other standards established by the county congestion management agency for designated roads or highways?-(Source: 1,4) c) Result in a change in air traffic patterns, including either an increase in traffic levels X or a change in location that results in substantial safety risks?(Source: 1,5) d)Substantially increase hazards due to a design feature(e.g.sharp curves or dangerous X intersections) or incompatible uses,such as farm equipment? (Source:4) e)Result in inadequate emergency access?(4) X f) Conflict with adopted policies,plans or programs regarding public transit,bicycle or pedestrian facilities or otherwise decrease the X performance of safety of such facilities?(1) 17.Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality X Control Board? (Source: 4) City of Dublin Page 19 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the X construction of which could cause significant environmental effects?(4) c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the construction of X which could cause significant environmental effects? (4) d)Have sufficient water supplies available to serve the project from existing water X entitlements and resources,or are new or expanded entitlements needed? (4) e)Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X capacity to serve the project's projected demand in addition to the providers existing commitments? (Source:4) f)Be served by a Iandfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal,state and local statutes X and regulations related to solid waste? (5) 18.Mandatory Findings of Significance. a) Does the project have the potential to 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 X eliminate a plant or animal community, reduce the number of 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? City of Dublin Page 20 Initial Study/San Ramon Road Drainage Improvements June 2014 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation b)Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable" X means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c)Does the project have environmental effects which will cause substantial adverse effects X on human beings,either directly or indirectly? Source used to determine potential environmental impacts 1. Dublin General Plan and General Plan CEQA document 2. Biological Assessment 3. Site Visit 4. Discussion with City staff or service provider. 5. Other Source XVII.Earlier Analyses Earlier analyses used. Identify earlier analyses and state where they are available for review. None have been used in the preparation of this document. City of Dublin Page 21 Initial Study/San Ramon Road Drainage Improvements June 2014 Attachment to Initial Study Discussion of Checklist Legend PS: Potentially Significant LS/M:Less Than Significant After Mitigation LS: Less Than Significant Impact NI: No Impact 1.Aesthetics Project Impacts a) Have a substantial adverse impact on a scenic vista? LS.An existing multi-purpose pedestrian and bicycle path extends immediately adjacent to the proposed project area on the west side of San Ramon Road. Users of the trail can view distant foothill areas in Pleasanton to the south of Dublin as well as other foothills west of the site within Dublin.Proposed drainage improvements would be located underground (drainage pipes), or slightly below the existing topographic elevation of San Ramon to accommodate the proposed water quality pond.Although the public trail could be blocked for a limited period of time to allow for project construction,none of the proposed drainage facilities would permanently create a substantial impact to a scenic. This impact would be less-than-significant. b) Substantially damage scenic resources,including but not limited to trees,rock outcroppings and historic buildings within a state scenic highway?NI. The project area that would be affected by proposed drainage improvements does not contain any dwellings,major rock outcroppings, significant stands of trees or other scenic resources.In addition,none of the local roads within the project area (San Ramon Road,Shannon Drive or Silvergate Drive) are designed as state scenic highways (http://www.dot.ca.gov/hq/LandArch/scenic highways/).However,the Circulation and Scenic Highways Element of the Dublin General Plan and designates San Ramon Road as a scenic route. The applicable Implementing Policy of the General Plan directs the City to exercise design review for all projects visible from a designated scenic route.In this instance,proposed drainage and water quality improvements would not be significantly visible from San Ramon Road,so this impact would be less-than-significant. c) Substantially degrade the existing visual character or quality of the site and its surroundings? NI. Future construction of drainage improvements would be located within existing rights-of-way and within an urbanized portion of Dublin. Improvements would include underground drainage pipes and a ground-level water quality pond. None of these improvements would degrade the visual character of properties adjacent to the project area. No impact would result with respect to this topic. City of Dublin Page 22 Initial Study/San Ramon Road Drainage Improvements June 2014 d) Create light or glare?NI.No impacts would result with respect to this topic since no lights would be installed as part of the project. 2.Agricultural and Forestry Resources Project Impacts a-e) Convert Prime Farmland, conflict with agricultural zoning, convert prime farmland to a non-agricultural use or impact forest or timberland. NI.Proposed improvements would be located within an urbanized portion of Dublin that has been developed as roadway right-of-way.Therefore no impacts would result in terms of loss of agricultural lands, agricultural operations,Williamson Act contracts or any timberland or forests. 3. Air Quality Project Impacts a-c) Would the project conflict or obstruct implementation of an air quality plan,violate any air quality standards or result in cumulatively considerable air pollutants? LS.Approval of the Plan and construction of individual pedestrian and bicycle improvements pursuant to the Plan could create minor and less-than-significant short-term air quality impacts related to removal of portions of roadway to install new drainage pipes, construction of the proposed water quality basin other similar construction activities. These improvements would fall below the level of significance identified by the Bay Area Air Quality Management District(BAAQMD) (see BAAQMD Guidelines,May 2011). There would also be limited short-term use of vehicles for construction activities. No air quality plan would be violated and no air quality standards,including cumulatively considerable standards,would be exceeded. This impact would therefore be less-than-significant. d,e) Expose sensitive receptors to significant pollutant concentrations or create objectionable odors?NI.The proposed project would not exceed proposed Bay Area Air Quality Management District risks and hazards thresholds of significance since it would not generate any long-term air pollutants.The project would also not involve any industrial or similar activities that would create objectionable odors.No impacts would result with respect to this topic. 4. Biological Resources Project Impacts a) Have a substantial adverse impact on a candidate,sensitive,or special-status species? NI. The firm of WRA completed a biological reconnaissance assessment of the project site (City of Dublin Stormwater Improvements Project;Biological Resources Assessment, dated July 2014). This document is hereby incorporated City of Dublin Page 23 Initial Study/San Ramon Road Drainage Improvements June 2014 by reference into this Initial Study and is available for review at the Dublin Public Works Department during normal business hours. The WRA report documents the presence of two biological communities,six dominant plant species and four wildlife species on and adjacent to the project site.None of these include candidate, sensitive or special-status species. There would be no impact with respect to this topic. b, c) Have a substantial adverse impact on riparian habitat or federally protected wetlands? NI.No wetlands,waters of the US,waters of the state or riparian habitat has been documented on the project site in the WRA biological analysis. No impacts would result with respect to this topic. d) Interfere with movement of native fish or wildlife species?NI. No major structures would be constructed as part of the project that could block or interfere with native fish or wildlife species and no impact would result. e,f) Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation PIans or Natural Community Conservation Plans?NI. The project site lies within the Eastern Alameda County Conservation Strategy (EACCS)planning area. The City of Dublin utilizes the Conservation Strategy as guidance for environmental permitting for public projects, and private development projects are encouraged to use the EACCS as a resource as well. The Conservation Strategy embodies a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development, infrastructure, and other activities. The Conservation Strategy is neither a Habitat Conservation Plan nor a Natural Community Conservation Plan,but is a document intended to provide guidance during the project planning and permitting process to ensure that impacts are offset in a biologically effective manner.No impacts would therefore result. 5. Cultural Resources Project Impacts a) Cause substantial adverse change to significant historic resources?NI.Proposed drainage improvements would be located within public rights-of-way that contain no structures,historic or otherwise.No impacts are therefore anticipated with regard to historic structures. b, c) Cause a substantial adverse impact or destruction to archeological or paleontological resources? LS. Subsurface excavation would occur as a result of trenching for new drainage pipes and the water quality basin. All grading and excavation will be subject to City of Dublin General Plan Conservation Element Guiding Policy 7.7.1.2 that requires grading operations within the City to follow State regulations regarding stop-work and other procedures upon discovery of archeological and historic sites as set forth in the California Public Resources Code.Less-than-significant impacts would result with respect to this topic. City of Dublin Page 24 Initial Study/San Ramon Road Drainage Improvements June 2014 d) Disturb any human remains,including those interred outside of a formal cemetery? NI. There would be limited ground disturbance as a result of constructing proposed drainage improvements since most of the improvements would be along in or along existing roadways. Consistency with CEQA Guidelines Section 15064.5 (f), as required by the General Plan,will ensure that stop-work and appropriate review procedures would be followed in the unlikely event that human remains were discovered during project implementation.No impacts are anticipated with respect to disturbance of human remains. 6. Geology and Soils Project Impacts a) Expose people or structures to potential substantial adverse impacts,including loss,injury or death related to ground rupture,seismic ground shaking,ground failure, or landslides? NI. None of the proposed improvements would include structures that would accommodate residents, employees or visitors that could be affected by seismic events or landslides. Proposed drainage improvements would not significantly expose users to future seismic impacts.No impacts would therefore occur with respect to this topic. b) Is the site subject to substantial erosion andlor the loss of topsoil?LS.There could be Imited potential for soil erosion as a result of constructing proposed drainage improvements,including but not limited to trails, structures, drainage improvements. Adherence to normal and customary City of Dublin requirements of installing erosion control features near graded areas during the rainy season will ensure that less-than-significant impacts would occur with respect to soil erosion or loss of topsoil. c-d) Is the site located on soil that is unstable or expansive or result in potential lateral spreading, liquefaction,landslide or collapse?LS.Local soils in the western Dublin area may be unstable in terms of expansiveness, susceptible to liquefaction or lateral spreading, or contain other soil hazards.Proposed drainage improvements would be constructed to City of Dublin public works standards that normally and customarily provide for a preliminary soils and backfilling of trenching with competent soil to ensure this impact would be less-than-significant. e) Have soils incapable of supporting on-site septic tanks if sewers are not available?NI.No dwellings or other structures would be constructed as a part of this project that would require septic service. There would therefore be no impact with respect to this topic. 7. Greenhouse Gas Emissions Discussion: ab) Generate greenhouse gas emissions,either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan,policy or City of Dublin Page 25 Initial Study/San Ramon Road Drainage Improvements June 2014 regulation adopted for the purpose of reducing the emissions of greenhouse gases?LS. Proposed drainage improvements would slightly and incrementally increase greenhouse gas emissions in the short-term due to construction activities to trench for new drainage pipes,excavate and potentially off-haul for the construction of the water quality pond and repave streets where new drainage pipes would be installed.Such impacts would be less-than-significant due to the small size of proposed project.There would be no long-term increases in greenhouse gas emissions, since there would be very limited vehicle trips associated with the project for periodic maintenance nor would there be any type of other activity on the site that would generate any greenhouse gasses. 8.Hazards and Hazardous Materials Project Impacts a) Create a significant hazard to the public or the environment through the routine transport, use,or disposal of hazardous materials? NI.The proposed project would not involve the routine transport,use or disposal of significant amounts of hazardous materials since it would include drainage and water quality improvements with no use of any chemicals.No impacts would result. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment?LS. There would be limited disruption of existing ground surfaces in order to construct planned drainage and water quality improvements.Proposed construction would occur within public rights-of-way that have been previously disturbed for road construction and installation of underground utilities.No uses exist near the project site that could cause significant contamination of groundwater or nearby soil,including but not limited to auto service stations,dry cleaners or industrial uses.This impact is therefore anticipated to be less-than- significant. c) Emit hazardous materials or handle hazardous or acutely hazardous materials,substances, waste within one-quarter mile of a school?NI. The proposed project is not anticipated to emit or handle hazardous materials or substances since it would involve drainage and water quality improvements.No impacts would occur with respect to this topic. d) Is the site listed as a hazardous materials site?NI. The project area is not listed on the State of California Department of Toxics Substances Control list(the Cortese List) as of January 15,2014 (see www.calepa.ca.gov/Site.Cleanup/Cortese List.cfm). No impacts are therefore anticipated with respect to this topic. e,f) Is the site located within an airport land use plan of a public airport or private airstrip?NI. Although portions of Eastern Dublin are located within the Airport Influence Area of Livermore Municipal Airport,the project would not result in the construction of new residential or non-residential buildings so that no impacts would result. City of Dublin Page 26 Initial Study/San Ramon Road Drainage Improvements June 2014 g) Interference with an emergency evacuation plan?NI. Drainage improvements associated with the project would occur within public rights-of-way and would not limit the ability of nearby residents or visitors to evacuate this portion of Dublin in the event of an emergency.Proposed improvements would therefore not interfere with an emergency evacuation plan and no impact would result with respect to this topic. 9.Hydrology and Water Quality Project Impacts a) Violate any water quality standards or waste discharge requirements?LS.Proposed drainage and water quality improvements would largely be located on paved roads,trails and sidewalks.Future ground disturbing activities that could be undertaken such as trenching for new drainage pipes and grading to construct the proposed water quality pond, could result in erosion of unprotected graded areas during the rainy season.However,this potential impact would be less-than- significant by adherence to City of Dublin standard requirements of implementing erosion control features adjacent to graded areas during the rainy season. The proposed project would not generate any wastewater that could result in exceedances of waste discharge requirements at the local wastewater treatment facility. b) Substantially deplete groundwater recharge areas or lowering of water table?NI.Project improvements would not require substantial quantities of water that would deplete the local water table. Proposed drainage and water quality improvements would generally be constructed on existing paved surfaces so that significant quantities of new impervious,paved surfaces would not be created.No impacts would result with respect to this topic. c,d) Substantially alter drainage patterns, including streambed courses such that substantial siltation or erosion would occur or substantially alter drainage patterns or result in flooding, either on or off the project site?NI. Proposed improvements would generally be located on currently paved areas,primarily roadways, trails and sidewalks, so that significant amounts of new impervious surfaces would not be created. The project would include elements to accommodate existing stormwater runoff and to filter this water to minimize erosion and water pollution.Therefore, existing drainage patterns would not be significantly altered,including streambeds, such that a significant amount of erosion could occur. No impacts are anticipated with respect to this topic. e) Create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff?NI. The proposed project is intended to improve local water quality and, as necessary,increase the capacity of the local storm drain system.No new quantities of stormwater would be created. No impacts would occur with respect to this topic. City of Dublin Page 27 lnitial Study/San Ramon Road Drainage Improvements June 2014 f) Substantially degrade water quality?NI.As noted in the above responses, The purpose of the project is to improve local water quality by providing a water quality pond where none currently exists. No impacts would therefore occur with respect t this topic. g-i) Place housing within a 100-year flood hazard area as mapped by a Flood insurance Rate Map,or impede or redirect flood flow,including dam failure?NI. No residences would be constructed as part of the proposed project, so no impacts would result with respect to this topic. j) Result in inundation by seiche, tsunami or mudflows?NI.There are expected to be no impacts with regard to seiche, tsunami or mudflows,since the project site is located significantly east of San Francisco Bay and would not include habitable structures susceptible to mudflows. No impacts are anticipated with respect to this topic. 10. Land Use and Planning Project Impacts a) Physically divide an established community?NI. Project improvements would occur within existing public rights-of-way so as not to divide any existing communities. No impacts would occur with respect to this topic. b) Conflict with any applicable land use plan,policy or regulation?NI.The proposed does not include any proposed amendments to the Dublin General Plan or other land use regulatory policies or regulations that would affect environmental regulation. No impacts are anticipated with respect to this topic. c) Conflict with a habitat conservation plan or natural community conservation plan?NI. The City of Dublin lies within the Eastern Alameda County Conservation Strategy (EACCS)planning area. The City utilizes the Conservation Strategy as guidance for environmental permitting for public projects, and private development projects are encouraged to use the EACCS as a resource as well.The Conservation Strategy embodies a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development,infrastructure, and other activities. The Conservation Strategy is neither a Habitat Conservation Plan nor a Natural Community Conservation Plan,but is a document intended to provide guidance during the project planning and permitting process to ensure that impacts are offset in a biologically effective manner. There is no existing habitat conservation plan or natural community conservation plan for proposed drainage improvements. There would therefore be impacts with respect to this topic. City of Dublin Page 28 Initial Study/San Ramon Road Drainage Improvements June 2014 11.Mineral Resources Project Impacts a,b) Result in the loss of availability of regionally or locally significant mineral resources?NI. No impacts would occur to any mineral resources, since no such resources have been identified on the project site. 12.Noise Project Impacts a) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or noise ordinance or applicable standards of other agencies? NI.Proposed drainage and water quality improvements would not generate vehicle trips that could increase local noise levels or that would generate operational or mechanical noise. No impacts would result with respect to this topic. b) Exposure of people to excessive groundborne vibration or groundborne noise levels?NI. Drainage and water quality improvements would be limited in scale and use normal construction methods. They would also occur within existing streets or on adjacent public rights-of-way. No impacts would result with respect to this topic. c) Substantial permanent increases in ambient noise levels?NI. The long-term operation of proposed drainage and water quality facilities would not require use of noise producing mechanical equipment,with the exception of periodic maintenance. Overall, there would be no increases in permanent noise levels and no impact would result. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project?NI.Hours of project construction would be limited to 8 am.to 6 p.nn_Monday through Fridays as documented in the Project Description.No impacts would result. ef) Be located within an airport land use plan area,within two miles of a public or private airport or airstrip?NI Although portion of Eastern Dublin he within the Airport Influence Area of Livermore Municipal Airport,no significant noise contours from the airport extend north of the 1-580 freeway no impact would result with respect to this topic (source:Livermore Municipal Airport Land Use Compatibility Plan,2012). City of Dublin Page 29 Initial Study/San Ramon Road Drainage Improvements June 2014 13.Population and Housing Project Impacts a) Induce substantial population growth in an area,either directly or indirectly? NI.The project would include water quality and drainage improvements to upgrade existing systems within an urbanized, developed area.No structures would be built or other facilities constructed that could induce population growth within this portion of Dublin, either directly or indirectly. b,c) Would the project displace substantial numbers of existing housing units or people?All construction work that could be facilitated under the project would occur within public rights-of-way. No existing housing or residents would be displaced as a result of approving and implementing the proposed project. No impacts would occur with respect to this topic. 14.Public Services Environmental Imp acts a) Fire protection? NI.Proposed drainage and water quality improvements that would be constructed within public rights-of-way and would not result in new fire hazards or increase the number of calls for service for fire service. While proposed non-automotive transportation improvements could change existing circulation routes and add bicyclists and pedestrians to local roadways, such changes would not substantially impair emergency access. No new or expanded Fire Department facilities would be required to serve the proposed project, (Bonnie Terra,Alameda County Fire Department, 6/24/14) and no impacts would occur with respect to fire protection would occur. b) Police protection?NI.The project would not result in the construction of facilities that would increase the number of calls for service for the Dublin Police Services Department. The Department staff notes that approval and implementation of the Plan would not require expansion of existing police facilities or the construction of new police facilities to serve project components (Tom McCarthy, Public Police Services Department, 6/24/14).No impacts would occur with respect to this topic. c) Schools?NI. There would be no impact to the Dublin Unified School District,since no dwellings would be constructed that generates school-aged children. d) Other governmental service,including maintenance of public facilities? LS. There would be minimal and less-than-significant impacts with respect to maintenance of drainage and water quality facilities. Long-term impacts could include periodic bank stabilization and dean out of trash and debris. The need for maintenance would be minimal and is accomplished on a regular cycle by City crews (Andy— okay statement?). City of Dublin Page 30 Initial Study/San Ramon Road Drainage Improvements June 2014 e) Solid waste generation? LS.Construction of facilities that would be facilitated by the draft Plan would generate minor and less-than-significant amounts of solid waste in terms of construction debris and similar material from building proposed improvements. 15.Recreation Project Impacts a) Would the project increase the use of existing neighborhood or regional parks?NI. Implementation of the Plan would not increase local or regional park use in Dublin since the total population of Dublin would not be increased nor would proposed water quality and drainage improvements be located on or adjacent to a local or regional park.No impact would occur. b) Does the project include recreational facilities or require the construction of recreational facilities?NI.No such features are included in the proposed project and no impact would occur. 15.Transportation/Traffic Project Impacts ab) Conflict with applicable plans related to the effectiveness of the circulation system, including all modes of travel,including intersections,streets,highways and other components or conflict with an applicable congestion management program, including level of service standards, travel demand measures and other applicable standards?NI. The project does not include any components that would generate permanent vehicle trips or increase existing volumes of motorized vehicles on local roads, regional roads or CMA-designated roads. A small number of vehicle trips would be generated for periodic maintenance of proposed facilities.It is likely such trips would occur during non-commute hours so that there would be no addition to any congested intersections or roads. No impacts are anticipated with respect to increasing motorized traffic volumes on local,regional and CMA designated roadways. c) Result in a change of air traffic patterns?NI. The proposed project would have no impact on air traffic patterns,since it involves drainage and water quality improvements and no changes to air traffic patterns would occur. d) Substantially increase hazards due to a design feature or incompatible use?NI.none of the proposed improvements would have any impact on vehicular design improvements so that no impact would occur with respect to any design hazard. e) Result in inadequate emergency access?NI.Proposed drainage and water quality improvements would occur within public rights-of-way and would not require emergency access.No impacts would occur with respect to this topic. City of Dublin Page 31 Initial Study/San Ramon Road Drainage Improvements June 2014 f) Conflict with adopted policies,plans or programs supporting alternative transportation modes?NI. The proposed drainage and water quality improvements would not include any habitable space that would generate vehicular trips so that no impact would occur with respect to this topic. 16.Utilities and Service Systems Environmental Impacts a) Exceed wastewater treatment requirements of the RWQCB?NI.No impact would result with respect to this topic,since no structures would be constructed that would generate any wastewater flows.With respect to surface water quality standards, the City of Dublin will ensure that any grading or trenching operations undertaken will comply with the Alameda County Clean Water Program and other applicable water quality regulations. If necessary,installation of erosion control facilities will be required for construction during the rainy season, consistent with standard City requirements. b,d,e) Require new water or wastewater treatment facilities or expansion of existing facilities, are sufficient water supplies available and is adequate wastewater capacity available to serve the project?LS.No impacts would result with respect to these topics, since no structures that use water or generate wastewater during project operation would be constructed as part of the project. Minor amounts of water would be required for the initial construction period. c) Require new storm drainage facilities?Refer to Item"c"in Section 9,Hydrology. fg) Solid waste disposal? LS.Small and less-than-significant quantities of solid waste would be generated by construction activities of transportation improvements envisioned in the Plan.No long-term contributions to solid waste would occur, since no uses would be approved that would generate solid waste. 17.Mandatory Findings of Significance a) Does the project have the potential to 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 of 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?No. The preceding analysis indicates that there would be no potential impacts to fish and wildlife habitats,fish and wildlife populations, rare or endangered plant or wildlife species threaten or eliminate a plant or animal community,restrict the range of any rare or endangered species or eliminate any important examples of California history or prehistory. b) Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are City of Dublin Page 32 Initial Study/San Ramon Road Drainage Improvements June 2014 considerable when viewed in connection with the effects of past projects,the effects of other current projects and the effects of probable future projects). No such cumulatively considerable impacts have been identified in the Initial Study. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?No.No such impacts have been discovered in the course of preparing this Initial Study. City of Dublin Page 33 Initial Study/San Ramon Road Drainage Improvements June 2014 Initial Study Preparers Jerry Haag,Urban Planner,project manager and author Thomas Fraser,WRA,biological resources Agencies and Organizations Consulted The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin Gary Husingh,PE,Public Works Director Andrew Russell,PE, City Engineer References Dublin General Plan, City of Dublin,Updated through June 2013 Parks and Recreation Master Plan, City of Dublin,2006 update City of Dublin Page 34 Initial Study/San Ramon Road Drainage Improvements June 2014 October 7,2014 City of Dublin San Ramon Road Drainage Improvement Project Response to Environmental Comments Introduction The City of Dublin issued a Mitigated Negative Declaration for this project on August 14, 2014,to ensure California Environmental Quality Act compliance. The proposed project would include surface and subsurface stormwater facilities on along San Ramon Road to improve surface water quality. The project site is located on San Ramon Road between Shannon Drive to the north to Silvergate Drive to the south. The Mitigated Negative Declaration was published and circulated for a 20-day review as required by CEQA and CEQA Guidelines. Three comment letters were received: • Comment Letter 1:Dublin San Ramon Services District dated 8/26/14 • Comment Letter 2: Zone 7 Flood Control &Water Conservation District dated 9/2/14 • Comment Letter 3: Caltrans dated 9/9/14 Following is a response to these comments. Letter 1: Dublin San Ramon Services District Comment: The District does not anticipate that the proposed project would impact the District in providing potable water,recycled water or wastewater collection and treatment services in the City of Dublin. Response:This comment is noted and no further response is required. Letter 2: Zone 7 Flood Control &Water Conservation District Comment:The commenter asks which type of rain event(5 year, 100-year or other)the proposed facility is designed to accommodate. This information will be useful to the District in their operations page 2 Response:The proposed bioretention basin has been sized based on the Alameda County C3 Calculator, Combination Flow and Volume Method.The basin is sized to treat a storm with a 0.2"/hr intensity.The storm drain pipe system in San Ramon Road is designed to divert low flows (corresponding to a storm with 0.2"/hr intensity and less) to the basin,while allowing higher flows to bypass the outlet to the basin and continue in the piped storm drain system.In the event that the basin is inundated with runoff in a major storm event,the basin is outfitted with an overflow inlet at the downstream end, with side openings 1.0' above the basin invert elevation to ensure that basin will not overflow its edges. Letter 3: Caltrans Comment 3.1:The commenter notes that page 7 of the Initial Study states that a California Fish&Wildlife Service Stream Alteration Agreement may be required for this project.However,the need for such an Agreement was not identified in the Biological Resource section of the Initial Study. Response:This comment is noted. Based on the results of the biological resource assessment prepared by WRA, a Streambed Alteration Agreement will not be required for this project. Comment 3.2:The commenter requests that the text of the Initial Study be revised to show that references to"Shannon Road"be changed to "Shannon Avenue." Response: This comment is noted and has been changed by reference in the Initial Study document. Comment 3.3: The commenter requests that the "Greenhouse Gas Emissions"be added to page 8 of the document and that sections 5b and 5c should read as "no impact"if the project site is not located within an archeological or paleontological resource. Response:This comment is noted and has been changed by reference in the Initial Study document. page 3 MND Comment Letters Dublin San Ramon 7051 Dublin Boulevard phone(9251828.0515 Services District Dublin,CA94568-3018 fax(925)829-3[80 W61er,tvnsteware,-,recycled'.'/o ter mvvidsrsd,com r-3rrr::IV :c7 AUG 2720m August 26,2014 PUBLIC WOF3K,q Andrew Russell,City Engineer Letter 1 City of Dublin, Public Works Dept. 100 Civic Plaza Dublin,CA 94568 Subject: Comments- Notice of Intent to Adopt a Negative Declaration San Ramon Drainage Improvement Project (between Shannon Drive and Silvergate Drive) Dear Mr.Russell: Thank you for the opportunity to review and comment on the Notice of Intent to Adopt a Negative Declaration for the San Ramon Road Drainage Improvement Project, located between Shannon Drive to the north and Siivergate Drive to the south. This location in the City of Dublin is within the service area where Dublin San Ramon Services District (DSRSD) currently provides potable water service, recycled water service and wastewater collection services. This specific report does not anticipate any changes by the City that would impact DSRSD in providing potable water, recycled water or wastewater collection and treatment services in the City of Dublin. We also agree that the project for surface and subsurface stormwater facilities and water quality improvements on San Ramon Road would have a less than significant impact on the environment. Sincerely, STANLEY KOLODZIE,`P.E. Associate Engineer SK/ST CC" Rhodora Biagtan,DSRSD Steven Delight, DSRSD N:\ENGDEPI\CEQA\DSRSD Response to CEQA DocumentsNCty of Dublin\201ACommenls on NO[to Adopt a Neg Dec-San Ramon Rd Drainage IP 8- 26-14.doec ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 7 100 NORTH CANYONS PARKWAY•t VERMORE,CA 94551•PHONE(925)454-5000•FAX(925)454-5727 September 2,2014 f Letter RECEIVED City of Dublin-Public Works Department L etter 2 n Attn:Andrew Russell,City Engineer 100 Civic Plaza P U[31_1(, t/+!n {CS Dublin CA 94568 Re: IS/ND for City of Dublin's San Ramon Road Drainage Improvement Project Dear Andrew: Zone 7 Water Agency(Zone 7)has reviewed the referenced IS/ND in the context of Zone 7's mission to provide drinking water,non-potable water for agriculture/irrigated turf,flood protection,and groundwater and stream management within the Livennore-Amador Valley. We have the following comments-for your consideration: • The IS/ND specifies that the design for the.23 acre basin will accommodate maximum upstream runoff;however,there is no indication as to which type of rain event(i.e.,5 year or 100 year.). It would be very useful to Zone 7 to understand under which type of rainfall event the basin will be. sized to accommodate. We would also welcome any other details on how the water quality pond will operate. A reply in the coming weeks with this information,either in-our outside of the context of your CEQA document would be appreciated. We appreciate the opportunity to comment on this project. If you have any questions on this letter, please feel free to contact me at(925)454-5005 or via email at erank(Ei)zone^walencom. Sincerely, Elke Rank cc: Carol Mahoney,Jeff Tang,file STATL'OF CALWORMA--CALIFORNIA STATE TRANSPORTATION AQn,'CY UUMUND BROWN Jr Gmmor DEPARTME NT OF TRANSPORTATION f . DISTRICT 4 P.O-BOX 23660 OAKLAND,CA 94623-0660 PHONE (510)286-6053 Serious DronghL PAX (510)286-5559 ' Help sme iralerl TI'Y 711 fir, T ME 1) 1StV}Y.C�O1,Ch.2QV September 9,2014 (1}3I_P(,', W( RK,13 ALAVAR030 Mr.Andrew Russell,PE Letter.3 ; City of Dublin Public Works Department Dublin,CA 94568 Dear Mr.Russell: San Ramon Road Drainage Project—Negative Declaration The California Department of Transportation(Caltrans)appreciates the opportunity to review the above named project,The following comments are based on the Negative Declaration we received on August 20,2014. Division ofEnviromnentalAnalysls 3-1. Page 7,of the Initial Study indicated that"California Fish and-Wildlife Streambed Alternation Agreement"may be required for this project.However,the assessment of impact,specifically the Biological Resources(on page 23-24),has no mention of the need for this agreement.Please clarify. Design 3.2 Please correct the text"Shannon Road"to"Shannon Avenue"in the Initial Study/Negative Declaration to be consistent with the exhibits. 3.3 Please add"Greenhouse Gas Emissions"to the table on page 8 of the document.Additionally, page 13,sections 5b)and 5c)should read as a"No impact"if the project area is not within an archeological or paleontological resource. "Provide a safe,Yusta arable,integrated cold e6lelent transportation system to enhance Cal ffornla's ecwtonly and livability" Mr.Andrew Russell/City of Dublin September 9,2014 Page 2 Should you have any questions regarding this letter,please contact Luis Melendez of my staff at (510)286-5606 or leis nielendez@dot,ca.aov.. Sincerely, "�. ••�.. �.i ...--.............- ERIK ALM,AICP District Branch Chief Local Development-Intergovernmental Review "Provide a safe,sustainable,inl egrrrtedarde#Icienllransporlation system to enhance Califonria'secononry anditinbillry" 04-Ala 580 PM R4.7/R8.2 Truck Climbing Lane Mitigation 04-4A07U4/ 0400020643 District Agreement No. 4-2443-A1 i I AMENDMENT N4, 1 TO AGREEMENT THIS AMENDMENT NO, 1 TO AGREEMENT, ENTERED INTO EFFECTIVE on 2014, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation,referred to herein as "CALTRANS,"and the CITY OF DUBLIN, a body politic and a municipal corporation of the State of California, referred to herein as "CITY," RECITALS 1. CALTRANT S and CITY ("PARTIES") entered into a Cooperative Agreement (District Agreement No. 4-2443) on August 31, 2012, defining the terms and conditions under which to collaborate on mitigating the impacts of a highway improvement project ("PROJECT") consisting of construction of a Truck Climbing Lane on Interstate 580 in the City of Dublin, in Alameda County. 2. The PROJECT impacts ("IMPACTS") comprise 9.71 acres of added or reworked impervious surface within the jurisdictional boundaries of the State Water Resources Control Board's Region 2 ("WRCB"). In response to WRCB's 401 Certification, Condition 10, CALTRANS is to provide 7.69 acres of offsite stormwater treatment within the Arroyo Las Positas watershed for the purpose of partial mitigation of IMPACTS. The said stozrnwater treatment is referred to in the Agreement as "MITIGATION PROJECT." 3. As stipulated in Exhibit A of the Agreement, CITY is to assist CALTRANS by implementing MITIGATION PROJECT and by providing all of the required maintenance on the installed MITIGATION PROJECT for a minimum period of twenty (20) years. Under the Agreement, the PS&E for MITIGATION PROJECT was to be completed by April 15, 2013, which is past. The Agreement is set to terminate on December 31, 2014. 4. PARTIES have determined that MITIGATION PROJECT will not be completed before December 31, 2014. The purpose of this Amendment 1 is to extend the Agreement for two years to allow sufficient time for completion of MITIGATION PROJECT. PARTIES also wish to update Exhibit A of the Agreement(Scope of District Agreement Nlo. 4-2443-A1 Work) to revise the PS&E completion date therein from April 15, 2013, to'DeCember 31, 2014-. IT IS THEREFORE MUTUALLY AGREED: 1. Article 16 of Section III of the Agreement (titled It Is Mutually Agreed) is hereby revised in its entirety to read as follows: 16 This Agreernerit shall terminate upon satisfactory completion of MITIGATIONPROJECT or December 31, 2016, whichever comes first. Hotivever all indemnification, document retention, audit, claims, environmental, legal challenge, hazardous material, operation, maintenance, and ou,nership articles will remain in effect until terminated or modified in writing by mutual agreement. 2. Article A, Section 3 (titled Bioretention Unit Project Design Development) of Exhibit A (Scope of Work) of the Agreement is hereby revised in its entirety to read as follows: A) CITY shall prepare the Plans, Specifications and Estimateg (PS&E) in accordance tivith guidelines, design standards, and requirements approved by the CITE, for the installation of the Bioretention Unit as outlined in Section 1 above. The PS&E completion shall be within one year starting the effective date of this Agreement, or before December 31, 2014, 3. All other terms and conditions of the Agreement (District Agreement No. 4- 2443) shall remain in full force and effect. 4. This Amendment No. 1 to the Agreement is herby deemed to be a part of District Agreement No. 4-2443. 2 District Agreement No. 4-2443-A1 PARTIES declare that: 1. Each PARTY is an authorized legal entity under federal law and/or California state law. 2. Each PARTY has the authority to enter into this Amendment to the Agreement. 3. The people signing this Amendment to the Agreement have the authority to do so on behalf of their.public agencies. STATE OF CALIFORNIA CITY OF DUBLIN Department of Transportation By: By: Helena(Lenka) Culik-Caro City Manager Deputy District Director, Design Certified as to budgeting of funds: Kevin M. Strough District Budget Manager 3 04-Ala 580 PM R4.7/RR.2 Truck Climbing Lane mitigation 04-4A07U4/ 0400020643 District Agreement No. 4-2443 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE on / 2012, is between the STATE OF CALIFORNIA, acting by an Cough its bepartment of Transportation, referred to herein as "CALTRANS," and the CITY OF DUBLIN, a body politic and a municipal corporation of the State of California, referred to herein as "CITY."' RECITALS 1. CALTRANS and CITY, hereinafter referred to as"PARTIES,"pursuant to Streets and Highways Code sections 114 and/or 130, are authorized to enter into this Agreement. 2. CALTRANS is constructing the Interstate Route 580 Truck Climbing Lane project.in Alameda County, referred to-herein as "PROJECT." 3. PROJECT resulted in the addition of 9.71 acres of adder/or reworked impervious surface within the jurisdictional boundaries of the State Water Resources Control Board's Region 2; referred to herein as"IMPACTS." 4. The State Water Resources Control Board (referred to herein as Vv`RCB) issued to CALTRANS a 401 Certification (dated May 06, 2011) for PROJECT, referred to herein as "401" and incorporated herein by this reference. As partial mitigation for IMPACTS, Additional Condition 10 of 401 requires that CALTRANS provide 7.69 acres of offsite stormwater treatment within the Arroyo Las Positas watershed,referred to herein as "MITIGATION PROJECT." 5. CITY desires to assist CALTRANS by implementing MITIGATION PROJECT as set forth in this Agreement and further described in Exhibit A and made a part of this Agreement. CITY will also perform any and all required maintenance on the installed MITIGATION PROJECT for a period of no less than 20 years. 6. PARTIES have determined that the total cost of constructing MITIGATION PROJECT and performing the necessary maintenance for a period of no less than 20 years is$892,000 as detailed in Exhibit B, attached hereto and made a part of this Agreement. District Agreement No. 4-2443 7. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum of Understanding(MOU) or agreement relating to PROJECT. 8. PARTIES now define herein below the terms and conditions under which this Agreement will be implemented. SECTION I CITY-AGREES: 1. All work performed by CITY, or performed on CITY's behalf,shall be performed in accordance with all state and federal laves, regulations,policies, procedures, and standards. 2. To implement MITIGATION PROJECT as described in attached Exhibit A, attached. .hereto and made a part of this Agreement. In the event that a subsequent amendment to PERMIT or modification of Additional Condition 10 of 401 by the WRCB results in additional work not covered by this Agreement (referred to herein as"ADDITIONAL WORK"), this Agreement will be amended to include the completion of ADDITIONAL WORK as well as any additional funding required for the completion of said ADDITIONAL WORK. 3. To perform all necessary maintenance on the completed MITIGATION PROJECT facilities for a period of no less than 20 years. 4. To submit one invoice to CALTRANS within thirty(30)ealendar days of execution of this Agreement in the amount of$100,000, which represents the initial deposit for work performed pursuant to this Agreement. To submit, thereafter, to CALTRANS itemized invoices monthly and in arrears for costs incurred for work performed.related to MITIGATION PROJECT. Total invoices submitted(including the initial deposit) shall not exceed a total amount of$892,000, which amount represents CALTRANS' total financial obligation as set forth in this Agreement. Said invoices will meet format and content requirements specified by CALTRANS and shall be submitted to the CALTRANS Project Manager for approval and forwarding to the appropriate Accounting Office for payment. 5. Within (30) days of receipt ©f STATE's first payment of$100,000,to subunit written verification that CITY has deposited$40,000 of that sum into an interest bearing account. Said$40,000 shall be used by CITY to perform any and all required maintenance activities' on the completed MITIGATION PROJECT facilities. CITY further agrees to deposit any of STATE's funds that are not utilized to construct PROJECT into said interest bearing account and to utilize said fiends for maintenance activities only. 6. To use one hundred.percent(100%) of CALTRANS' funds provided pursuant to this Agreement, in order to satisfy CITY's obligation and responsibilities set forth in this Agreement. 2 r District Agreement No, 4-2443 7. If work performed under this Agreement is done under contract(not completed by CITY's own employees) and is governed by the California Labor Code's definition of a "public work" (section 1720(a)(a)), CITY will conform to sections 1720— 1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 8. To include wage requirements in all contracts for"public work" and will require their contractors and consultants to include prevailing wage requirements in all agreement- funded subcontracts for"public work," 9. To use all of CALTRANS's funds, including any interest accrued thereon, on only those qualified activities that will satisfy MITIGATION PROJECT. 10. To notify CALTRANS in writing five(5) days prior to the construction start date of MITIGATION PROJECT. 11. To notify CALTRANS in writing and obtain CALTRANS' concurrence prior to making changes to MITIGATION PROJECT, including changes that may-affect the location of said PROJECT. 12. To submit written notification to CALTRANS when MITIGATION PROJECT construction has been completed. 13. To retain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and to make such materials available at the respective offices of CALTRANS at all reasonable times for three(3) years after the termination date of this Agreement. CALTRANS, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CITY that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished when requested. SECTION II CALTRANS AGREES; 1, To provide CITY with a copy of 401 and to subsequently notify and provide copies of all subsequent amendments thereto, or correspondence, if any, which may affect MITIGATION PROJECT or maintenance thereof. 2. To deposit with CITY within thirty(30) calendar days of receipt of CITY's signed invoice, the amount of$100,000 for the first invoice and thereafter to deposit with CITY within thirty(30) calendar days after receipt of each subsequent monthly invoice, all approved actual costs incurred for work performed related to the construction of MITIGATION PROJECT for a total of$892,000 (including the initial deposit) which amount represents CALTRANS' total financial obligation as set forth in this Agreement. 3 District Agreement No. 4-2445 3. Upon receipt of all MITIGATION PROJECT reports, plans, and other documents submitted by CITY, CALTRANS will review,comment, and forward, if applicable, to State Water Resources Control Board. SECTION III IT IS MUTUALLY AGREED; I. All obligations of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission(CTC). 2. All applicable laws, rules and policies relating to the use of federal or state funds shall apply notwithstanding other provisions of this Agreement. 3. CITY shall allow representatives of CALTRANS access to the location'of the MITIGATION PROJECT located outside of SHS right of way for the purpose of verification and monitoring of performance of MITIGATION PROJECT and maintenance thereof 4. CITY agrees to ensure that after MITIGATION PROJECT is constructed, the installed facilities will be maintained, operated, and managed to all applicable CITY and CALTRANS standards. 5. The party that discovers HM will immediately notify the other party(ies) to this Agreement. HM-1 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by MITIGATION PROJECT or not. HM-2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed by MITIGATION PROJECT. 6. CALTRANS, independent of MITIGATION PROJECT, is responsible for any HM-I found within the existing SHS right of way. CALTRANS will undertake or cause to be undertaken HM management activities related to HM-1 with minimum impact to PROJECT schedule and will pay all costs associated with HM management activities related to HM-1. 7. CITY, independent of MITIGATION PROJECT, is responsible for any HM-I found within MITIGATION PROJECT limits and outside the existing SHS right of•way. CITY will undertake or cause to be undertaken HM management activities related to HM-I with minimum impact to MITIGATION PROJECT schedule, and CITY will pay, or cause to be paid, all costs associated with HM management activities related to HM-1. 4 District.Agreement No. 4-2443, 8. If HM-2 is found within the limits of MITIGATION PROJECT, the public agency responsible for advertisement, award, and administration (AAA) of the MITIGATION PROJECT construction contract will be responsible for HM-2 management activities. Any management activity cost associated with HM-2 is a MITIGATION PROJECT construction cost. 9. Management activities associated with either HM-I or HM-2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 10. CALTRANS' acquisition of or acceptance of title to any property on which any hazardous material is found will proceed in accordance with CALTRANS's policy on such acquisition. 1 l: In the event that MITIGATION PROJECT facilities are affected by a future CALTRANS, . or CITY project, the agency responsible for said project shall replace the affected portion of MITIGATION PROJECT facilities at no cost to the other party. Any and all required maintenance of replacement facilities will be completed by CITY with the funding described in Section I, Article 5 of this Agreement. 12. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, or maintenance of the SHS and public facilities different from the standard of care imposed by law. 13. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under or in connection with any work, authority,.or jurisdiction conferred upon CALTRANS under this agreement. It is understood and agreed that CALTRANS will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/of its agents under this agreement. 14. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this agreement_ It is understood and agreed that CITY will fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name,kind, and description brought forth under,-but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this agreement. 5 District Agreement No. 4-2443 15. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the PARTIES hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto. 16. This Agreement shall terminate upon satisfactory completion of MITIGATION PROJECT or December 31, 2014, whichever comes first. However all indemnification, document retention, audit, claims, environmental, legal challenge, hazardous material, operation, maintenance, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 6 District Agreement No, 4-2443 PARTIES declare that: I. Eacb PARTY is an authorized Iegal entity under federal law and/or California state law. 2. Each PARTY has the authority to enter into this Agreement. 3. The people signing this Agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA CITY OF DUBLIN Department of Transportation By: r By: Deputy District Director City Manager Approved as to form and procedure: ved as to form: &A A kft Attorney ttorney Department of Transportation Certified as to budgeting of funds: Dis 'c Manager Certified as to financial terms and conditions: A ounting Ad n strator 7 i District Agreement No. 4-2443 EXHIBIT A SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for completion of the, Bioretention Unit project within the-CITY's right of way,which includes environmental compliance, contract design development, construction administration, maintenance, and reporting requirements. Section 1. Bioretention Unit Project To Be Completed A) CITY shall design and implement a project that will retrofit the existing drainage system and install a Bioretention Unit near.the intersection of San Ramon Road and Silvergate Drive. The project.sliall be based on the conceptual proposal that was approved by the San Francisco RWQCB (Attachment 1): The Bioretention Unit shall provide stormwater treatment for a minimum of 7.69 acres of impervious surface. B)The Bioretention Unit consists of the following elements:. a. Retrofit of existing drainage system,which include installation of 1,640 f1 of pipes b. Drainage structures to allow the inflow of stormwater into the Bioretention Unit and the outflow from the Bioretention Unit into CITY drainage system c. Construction of 14,300 SQFT of Bioretention Unit, which will include surface planting, tree, and shrub planting around the Bioretention Unit d. Widening of existing ditch•from 2 ft to 4 ft e. Installation of 4 ft path to be used as maintenance access to the Bioretention Unit f. Chain-link fence and gate for maintenance access Section 2. Environmental Compliance A) CITY will be the California Environmental Quality Act (CEQA) Lead Agency and CALTRANS will be the CEQA responsible agency for the Bioretention Unit project which will be located outside of CALTRANS right of Way. CITY shall be responsible for the preparation of the environmental' documentation to comply with CEQA: CALTRANS shall review, comment, and concur (if applicable) with the environmental document. B). CITY shall obtain all necessary permits, agreements, or approvals from the applicable regulatory agencies for implementation of the Bioretention Unit as described in Section 1 of this Exhibit. Section 3. Bioretention Unit Project Design Development A) CITY shall prepare the Plans, Specifications 'and Estimates (PS&E) in accordance with guidelines, design standards, and requirements approved by the CITY, for the installation of the Bioretention Unit as outlined in Section 1 above. The PS&E completion shall be within one year starting the effective date of this Agreement, or before April 15, 2013. - B) A-copy of the PS&E for-the Bioretention Unit shall be submitted to CALTRANS for. CALTRANS' review, comment, concurrence andlor approval at. appreciate stages of development. 8 R District Agreement No. 4-2443 Section 4. Construction Administration A) CITY shall advertise, award, and administrate the construction contract, for the Bioretention Unit project according to the PS&E. B) CITY shall notify CALTRANS in writing five (5) calendar days prior to the construction start date of the Bioretention Unit project. C) CITY shall notify CALTRANS in writing and obtain CALTRANS' concurrence and/or approval prior to making any changes to the approved PS&E. D) CITY shall, within 180 calendar days following the contract completion and acceptance of the construction, furnish CALTRANS with a complete set of"As-Built" plans for the Bioretention Unit. The submittal must also include all CALTRANS requested contract records, including survey documents and Records of Surveys (to include monument perpetuation per the Land Surveyor Act, section 5771). CITY shall submit a complete set of acceptable full-sized reproducible "As-bunt" plans on a CD-ROM in MicroStation or AutoCAD format. Section 5.Maintenance and Reporting Requirements A) Following completion of the Bioretention Unit construction, the Bioretention Unit shall be incorporated into CITY's inventory of stormwater treatment facilities and shall be maintained by the CITY thereafter. B) CITY- shall ensure the Bioretention Unit is properly maintained following Alameda County C.3 Stormwater Technical Guidance to enable their full pollutant removal functionality, including but not limited to, effective removal of trash, suspended solids and petroleum-based pollutants, for no less than 20 years. C) City shall submit written bank verification to CALTRANS that CITY has deposited $40,000.00 into an interest bearing account for the maintenance of the Bioretention Unit installed within the CITY for a 20 year life of service. D) CITY shall submit a report in electronic format detailing the installation of the Bioretention Unit within ten (10) days following completion of all construction work, including but not limited to the following information: 1. Date of construction completion 2. Total cost of the project 3. Name, address, and telephone number of the maintenance entity that will be maintaining the Bioretention Unit 4. Any changes that occurred during construction(if any) E). CITY shall subunit an annual maintenance report in electronic format on the Bioretention Unit to CALTRANS by October I" each year for twenty (20) years including, but not limited to the following information: 1. Date of maintenance - 2. List of maintenance activities performed 3. General operation and condition of Bioretention Unit 4. Any recommendations based on the maintenance review 9 i I District Agreement No. 4-2443 It is acceptable for the CITY to provide an excerpt of their annual National Pollutant Discharge Elimination System (NPDES) report to the San Francisco Bay Regional Water Quality Control Board which also documents maintenance activities of water-treatment measures in the CITY system. The excerpt must address the items listed above in the annual maintenance reporting. 10 m m . . l M ® 0 f \ 0 § 2 \ • 7G _ \ Q 2 k > / o 2 \ k \ { § § $ w 6p f 4 / > \ 2 E 6 / R E 3 S 2 2 9 N a o m o 7 + 0 \ # G ? % Q q y A 2 i U 2 J A f . cd 3 CD � e . u § 0 5 / / % 2 \ / 4& f \ . \ \ I bD - 0 _ \ / 2 \ # > $ \ 3 _ u § k $ 2 § ° ° 9 % E \ $ / § § ; \ 2 k \ 2 2 . % un § •§ 74 RESOLUTION NO. 100 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY-OF-DUBLIN APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR SAN RAMON ROAD BYPASS STORM DRAIN, CIP PROJECT 960428 WHEREAS, the State of Califiomia Department of Transportation (Calirans) is constructing the Interstate 580 Altamont Pass Truck Climbing Lane Project in Alameda County; and' . WHEREAS, the San F=rancisco Bay Regional dater Control Board (Regional Board) has required Caltrans to provide mitigation for impacts to water quality due to the construction-of the truck climbing lanes; and WHEREAS, the State and Regional Board' have agreed that Caltrans can .provide a portion of the mitigation through the installation and maintenance of a vegetated stormwater treatment pond on San Ramon Road north of Silvergate Drive, including construction of .a storm drain line to divert flows to the pond; and WHE=REAS, Caltrans has prepared Cooperative Agreement 'No. 4-2443 (Cooperative Agreement), .under which the City will agree to install and maintain .the improvements and Caltrans will agree'to reimburse the City for these costs in an amount not.to exceed $892,000. NOW, THEREFORE,,BE IT RESOLVED that-the-City Council of-the City of-Dublin does hereby approve the Cooperative Agreement between Caltrans and,the City of Dublin. 'BE IT =FURTHER 'RESOLVED .that the City Manager is authorized -to execute the agreement, attached hereto as:ExihibitA. •BE'IT-FUR.THER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this'Resolution, together with duplicate executed copies of the Cooperative Agreement,lo, Caltrans for approval and.processing. 'PASS8D, APPROVED AND ADOPTED .this 19th day of June, 2012, by the following vote: -AYES: Councilmembers Biddle, Hart,-Hilden brand,.Swaiwell,and Mayor Sbranti 'NOES: None :ABSENT: None ABSTAIN: None ATTEST- Mayor City Cleric -Reso•No. .100.12,Adopted 6-19-12,Item 4.2 Page 1 of 1