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HomeMy WebLinkAboutStaff Report 4.B 06/01/2020aw��LU Agenda Item #4.B ZggB DATE: June 1, 2020 TO: Honorable Mayor and Members of the City Council through City Manager; FROM: Peggy Flynn, City Manager Eric Danly, City Attorney SUBJECT: Adoption of Resolution Rescinding and Replacing Resolution No. 2020-056 Adopted May 4, 2020 Approving an Agreement between the City and SMART for Design and Construction of Corona SMART Station improvements. RECOMMENDATION It is recommended that the City Council adopt the attached resolution rescinding and replacing Resolution No. 2020-056 adopted May 4, 2020 approving an agreement between the City and SMART for construction of Corona SMART Station improvements and authorizing the City Manager to sign on behalf of the City an agreement with SMART substantially in accordance with the draft agreement included as Exhibit 1 to the resolution. BACKGROUND On May 4, 2020, the City Council adopted Resolution No. 2020-056 approving an agreement with SMART for the design and construction of the Corona Station. Staff now asks that the Council consider and adopt the attached resolution rescinding and replacing Resolution No. 2020-056 approving an agreement between the City and SMART for construction of Corona SMART Station improvements with additional supporting findings and determinations made pursuant to the California Environmental Quality Act (CEQA). The following summary provides additional background and information on this action. On May 16, 2016 the City Council approved Resolution No. 2016-076 N.C.S. repealing and replacing Resolution No. 2015-191 N.C.S. and modifying the City's Traffic Impact Fees to add funding for future SMART Station parking. Resolution No. 2016-076 responded to direction from the City Council at their December 7, 2015 meeting to modify the City's Traffic Impact Fees to add costs associated with achieving a second Petaluma SMART rail station at Corona Road as well as the right of way acquisition and construction cost assumptions for the Rainier Crosstown Connector and Interchange project. The City contracted with Willdan Financial Services to perform a nexus analysis to evaluate the City's ability to add Corona SMART station costs to the traffic impact fee program and the appropriate percentage of those costs applicable to future development. At that time, the second station was envisioned as a park-and-ride station for the Petaluma area, as illustrated in the Station Area Master Plan from 2013. An excerpt from the Station Area Plan depicting the Corona Station is attached as Attachment 3 to this staff report. SMART was working with Lomas Partners as a prospective developer to realize the second station and funding support from the Developer and the City was considered vital to increase the likelihood that Petalurna's second station was constructed as a subsequent phase of SMART construction. It was assumed at the time that funding for the station platform and rail improvements would be addressed through an agreement between SMART and Lomas Partners and that the City would fund a portion of the necessary costs for parking at the future SMART station. Willdan reviewed the extent to which costs associated with constructing a parking structure to support SMART ridership at the Corona station could be included in the traffic fee program. Willdan determined that there is a nexus for including SMART parking improvements in the fee program and that, similar to other transit improvements currently in the fee, 22.43% of the cost can be attributed to future development. The estimated cost to construct the needed parking improvements was $10,500,000, and based on the new development share of 22.43% identified by Willdan, an additional $2,355,134 in improvement costs to achieve traffic relief was added to the City's Traffic Impact Fee. The resulting increased Traffic Impact Fee has been charged on all projects subject to the Fee since adoption of the revised fee structure in 2016. Pertinent excerpts from 2016 amendments to the City's Traffic Impact Fee supporting the use of fee proceeds for Corona Station improvements are included as Attachment 4. DISCUSSION The City Council has recently approved most of the entitlements needed for the Corona Station Residential Project proposed by two Lomas Partners related entities, Lomas Corona Station LLC, and Lomas SMART LLC, referred to in this staff report and attachments as "Developer." The last remaining entitlements, the Conditional Use Permit and the Final Subdivision Map, have been deferred at the Developer's request and will not be presented for City Council action on June 1, 2020. With two exceptions, all of the entitlements for the Corona Residential Project include as a condition precedent that must be satisfied before the entitlements take effect that the City must have entered an agreement with SMART for construction of a second Petaluma SMART station at Corona. The exceptions are the ordinance approving a Development Agreement between Developer and the City, and the Development Agreement itself. A provision in the Development Agreement with Developer allows the City to terminate the Development Agreement without liability if the City does not reach an agreement with SMART on a second Petaluma station at Corona. As part of the entitlement package for the Corona Station Residential Project, the Development Agreement requires the Developer, in return for the benefits to the Developer under the Development Agreement, to dedicate a 1.27 acre parcel at the corner of Corona Road and North McDowell to SMART for parking associated with the Corona SMART Station. Additionally, the Development Agreement requires the Developer to deposit into escrow funds necessary to close escrow on the purchase of the Downtown SMART Property from SMART, the sale proceeds of which SMART will use to fund the Corona SMART Station improvements. These requirements are also contained in the agreement between Lomas SMART and SMART executed October 12, 2019. The initial scheduled closing for the Lomas/SMART purchase and sale agreement was May 19, 2020. The purchase and sale agreement has been amended to extend the closing date to the earlier of November 19, 2020, or when the City approves the entitlements for the Downtown SMART Property and the appeal period has expired. The Development Agreement between the City and Developer also provides for the City's depositing $2 million in Traffic Impact Fee proceeds into the Lomas/SMART escrow. Under the Development Agreement, the City contribution from Traffic Impact Fee proceeds will make up $2 million of the $8 million required to close escrow on the sale of the Downtown SMART property pursuant to the October 12, 2019 agreement between the Developer and SMART. Therefore, as specified in the Development Agreement, in addition to depositing into escrow a grant deed conveying the 1.27 acre parcel to SMART, the Developer also must deposit the $6 million balance into escrow needed to close escrow in accordance with the October 12, 2019 agreement between Developer and SMART, less the Developer's deposit. Staff originally hoped to present to the City Council a final agreement with SMART for a second station at Corona on February 24, 2020. It turned out, however, that additional discussion was required to arrive at agreement terms that could be approved by both the City Council and the SMART Board. On March 12, 2020, Tom Lyons, SMART's General Counsel, provided proposed revisions to the draft presented to the City Council on February 24. On March 13, 2020, Mayor Barrett, City Manager Peggy Flynn and City Attorney Eric Danly met with Supervisor and SMART Board Member David Rabbit, SMART General Manager Farhad Mansourian, and Tom Lyons to finalize the agreement for a second SMART station at Corona. Staff prepared a revised draft agreement reflecting the parties' discussions on March 13, 2020 and transmitted that draft to SMART on April 8, 2020. SMART staff sent further revised edits on April 15, 2020. We sent further comments on the draft agreement to SMART on April 20, 2020, and met online with Mr. Mansourian and Mr. Lyons on April 23 to finalize an agreement. The draft Corona Station Agreement being presented for City Council consideration (Exhibit 1 to Attachment 1) is the result of the April 23 meeting. A redline version of that agreement showing the revisions to the draft from the March 13 meeting is included as Attachment 2. The Corona Station Agreement included with this staff report is unchanged from the version considered and approved by the City Council on May 4, 2020, except for revisions as a result of the amended closing date under the Lomas/SMART purchase and sale agreement, and the City Council's direction to delay the second reading of Ordinance No. 2278 N.C.S approving an amendment to the Depot lease until after the SMART Board has acted to approved the Corona Station Agreement. Exhibit 1 to Attachment 1 is largely the same as the Corona Station Agreement presented to the City Council on February 24, but with some important changes. First, Exhibit 1 addresses the possibility that the proposal SMART receives for the Corona Station work exceeds the $8 million that SMART will receive for sale of the Downtown SMART property. Section 2.3 of the Agreement specifies that in that case, SMART would use the City's $2 million contribution, and match it with $2 million in SMART funds, for initial Corona Station costs, such as design, pre - construction costs and initial construction costs, while SMART works to obtain the necessary funding from state and/or federal sources to completely fund the Corona Station project. Exhibit 1 to Attachment 1 also includes a change requiring the City to indemnify SMART for a third party challenge to the Corona Station Agreement whether or not the City chooses to terminate the agreement before close of escrow; language requiring cooperation regarding an amendment to the City's lease agreement with SMART for the Depot property; a change requiring the City to issue SMART encroachment permits for the Corona Station work at no cost to SMART; a provision requiring the City Council to introduce an ordinance approving an amendment to the City's lease agreement with SMART for the Depot property by May 4, 2020. and a new "no -third -party - beneficiary clause" to the Agreement. The Corona Station Agreement that the City Council approved on May 4, 2020 included a requirement that the amendment to the Depot lease take effect by June 18, 2020. However, when the City Council introduced the ordinance approving the amendment, the Council gave staff direction to delay adoption of the ordinance until after the SMART Board has approved the Corona Station Agreement. As a result, the lease amendment effective date in the attached agreement has been revised accordingly. The draft City/SMART agreement for Corona Station provides for allocation of $2 million in City Traffic Impact Fee funds for Corona SMART Station improvements, which will provide traffic relief in Petaluma via commuter use of the Corona SMART Station in accordance with the Traffic Impact Fee amendments the City Council adopted on May 16, 2016, and the supporting nexus analysis. The agreement recognizes that the City's payment of $2 million allocated to the Corona SMART Station improvements is a critical element of achieving the Station and essential consideration for Developer's purchase of the Downtown SMART Property, as well as the City's approval of the associated Development Agreement between the City and Developer and the other entitlements concerning the Corona Station Residential Project. As noted above, it has been planned since the City updated its traffic development impact fees on May 16, 2016, that the City funding for the Corona station would come entirely from Traffic Impact fee proceeds, and that the City contribution would be allocated entirely to parking improvements for the station. However, as a result of changing cost estimates for the Corona Station project, the City's financial contribution will need to be designated more generally for the Corona station improvements, which may include design, station construction, parking improvements and other costs, pursuant to SMART's design/build contract. Accordingly, it has been necessary for the City to revisit its Traffic Development Impact Fee legislation to confirm that Traffic Fee proceeds may be used for Corona Station improvement costs more generally and not strictly for parking improvements. The justification or nexus for using Traffic Impact Fees for the Corona Station project remains the traffic relief that the second Petaluma station will provide. Because of the need to provide for the use of Traffic Impact Fee proceeds for Corona Station improvements generally, and to validate that use through further fee analysis, the Development Agreement between the City and Developer was revised to permit the City to supplement the City's Corona Station funding from another eligible source in case updated traffic fee analysis did not support funding the entire $2 million from Traffic Fee proceeds. Staff have consulted with Willdan, the consultants that prepared the 2016 update to the City's Traffic Impact fees regarding whether the City's current Traffic Impact fee revenues could permissibly be used for Corona Station costs more broadly (not just parking improvements). Willdan has confirmed that using City traffic fee proceeds for Corona Station costs generally as currently planned is permitted under the City's existing Traffic Impact Fee legislation because the nexus (traffic relief due to Corona Station SMART ridership) is the same, and the costs are also comparable. As a result, the City will not need to rely upon the extra flexibility incorporated into the Development Agreement with Developer to permit the City to use other funds than Traffic Fee proceeds for the Corona Station improvements. The City may rely entirely on Traffic Fee proceeds to provide $2 million toward the Corona Station project costs in accordance with the Development Agreement and the Corona Station Agreement with SMART. SMART has indicated that construction work for the Corona SMART Station must coincide with the construction work on the planned Windsor SMART station originally scheduled to begin in March 2020 while SMART's contractor is available to do the work. SMART intends to provide for the Corona Station work by issuing a change order to the design build contract for the Windsor station to add the Corona station work. Per the agreement between Lomas SMART and SMART, the payment for purchase of the Downtown SMART Property and dedication of 1.27 acres at Corona Road and McDowell Boulevard must occur before the scheduled closing on the Downtown SMART Property purchase. Although the Lomas/SMART purchase agreement closing has now been extended, SMART staff indicate that finalization of the Corona Station Agreement remains time sensitive in the context of SMART budget deliberations currently under way addressing among other issues budgetary challenges due to greatly reduced ridership and related fare revenues due to COVID-19. The proposed agreement between the City and SMART (Exhibit 1 to Attachment 1) requires SMART to design and construct station improvements to provide a second SMART station at Corona Road in the City subject to applicable regulatory approvals, including those of the California Public Utilities Commission and the Federal Rail Authority. SMART will be responsible for obtaining all governmental and other approvals required for construction of the Corona Station project. The Agreement provides that if the change order proposal for the Corona Station work does not exceed $8 million, then within 60 days of close of escrow on the Lomas SMART purchase of the Downtown SMART Property pursuant to the Developer/SMART Agreement, SMART will initiate a request for change order and proposal from SMART's existing train system contractor for design and construction of the Corona Station project. Alternatively, as noted above, the Agreement provides that if the Corona Station proposal exceeds $8 million, SMART will use the $2 million in City Funds and match it with $2 million in SMART funds to start design and construction work on the Corona Station while SMART seeks additional funding to complete the project. Per the City/SMART agreement, the City will deposit $2 million into the escrow account for the Developer/SMART purchase and sale agreement at least two business days before the close of escrow, so that the close of escrow on the purchase of the Downtown SMART Property can occur in accordance with the Developer /SMART Agreement, as amended. The City's contribution of $2 million to the cost of constructing the Corona Station Project will be the maximum City contribution to funding of the Corona Station project, and SMART will require no further funding from the City for completion of the Corona Station project (although additional funding from other sources may be necessary if the Corona Station Project costs exceed $8 million). Also, as noted above, the draft Agreement in Exhibit 1 also provides for the City and SMART amending the Depot Lease agreement between SMART and the City to provide for the City's and SMART's shared use of parking spaces on the Downtown Depot Property, and design and construction by SMART of new access, striping and related improvements on the Depot Property, as required as a result of sale and development of the Downtown SMART Property and loss of SMART parking on the Downtown SMART Property. Approval of the Corona Station Agreement on behalf of SMART is subject to SMART Board approval, just as it is subject to City Council approval on behalf of the City. Environmental Analysis The Corona Station Project was included in the environmental analysis conducted by the SMART District for the Sonoma -Marin Area Rail Transit Project, which resulted in a certified Environmental Impact Report (EIR), adoption of a Mitigation Monitoring Plan (MMP), and supplemental documentation (SCH 2002112033). The SMART Project EIR addresses the potential environmental effects of project components (inclusive of the Corona Station) and identifies mitigation measures to avoid, reduce or offset impacts. Petaluma City staff considered the EIR and reviewed the most recent MMP, dated January 2011. As certified in 2006, the SMART EIR conservatively identified the following significant and unavoidable (SU) impacts, but, based on current infonnation, both of these impacts can now be found to be less than significant (LTS) with mitigation: • T-1: Degraded level of service on local streets (SU if mitigation infeasible) • N-5: Train Horn noise (with quiet zones, impacts would be reduced to the LTS) As presented in the SMART DEIR, mitigation measure T-1 does not apply to the Corona Station because no level of service impact was identified for the Corona Station. Furthennore, the Corona Station will not result in significant and unavoidable impacts due to degraded level of service because level of service is no longer considered an environmental impact under CEQA (SB 743). In terms of potential train noise impacts, identified in SMART's DEIR, the Corona Station would not create a new crossing that would trigger new horn noise from trains, as a crossing already exists. Furthermore, the City of Petaluma has implemented quiet zones at all existing at -grade crossings citywide, which includes the existing crossing of Corona Road, adjacent to the Corona Station site. All other impacts identified in the SMART EIR were determined to be reduced to less than significant levels with mitigation. The Corona Station is an included project within the SMART Project EIR certified by the SMART District. No additional impacts that were not previously disclosed have been identified. In accordance with CEQA Guidelines Section 15096, the SMART District as the lead agency is responsible for implementing all applicable mitigation measures. As a responsible agency, the City of Petaluma has conducted a review of SMART's MMP for the Corona Station, Exhibit 2 to Attachment 1 hereto, which identified applicable measure to be implemented by SMART and supporting findings in accordance with CEQA Guidelines Section 15096. Thus, CEQA review in the form of an EIR has been completed for the Corona Station Project and no subsequent or supplement CEQA analysis is required. COUNCIL GOAL ALIGNMENT Approval of the Corona Station Agreement is in alignment with Workplan Item #22 to complete the second SMART station at Corona as included in the City Council goals for 2019-2021. FINANCIAL IMPACTS Approval of the Corona Station Agreement involves the City's contribution of $2 million for improvements associated with the Corona SMART station. The City's contribution will be sourced entirely from Traffic Impact Fee revenues. Ir W II1Q soIU 1301 liy Attachment 1: Resolution Approving the Corona Station Agreement between the City and SMART Exhibit 1: Draft Corona Station Agreement Exhibit 2: City of Petaluma CEQA Review of and CEQA Findings for Corona Station Attachment 2: Redline draft agreement showing changes to the draft reflecting the March 13, 2020 meeting with Supervisor Rabbitt, Mayor Barrett, and SMART and City staff Attachment 3: Excerpt from the 2013 Station Area Master Plan Attachment 4: Excerpt from the 2016 Traffic Impact Fee Amendment ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA RESCINDING AND REPLACING RESOLUTION NO. 2020-056 AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PETALUMA AND THE SONOMA MARIN AREA RAIL TRANST DISTRICT FOR DESIGN AND CONSTRUCTION OF CORONA STATION IMPROVEMENTS WHEREAS, Lomas Corona Station LLC, the owner of property at 890 North McDowell Boulevard, APN 137-061-019, in Petaluma ("Corona Property") and Lomas SMART LLC, which is in contract to purchase property owned by SMART located at 315 East D Street, APN 007-131- 003, in Petaluma ("Downtown SMART Property") are under the same management and ownership, and are referred to in this resolution as the "Developer;" and WHEREAS, the Downtown SMART property is adjacent to property owned by SMART located on A.P.N. 007-131-004 ("Depot Property") that contains SMART station and depot and other improvements and that is subject to a lease agreement between SMART and the City ("Depot Lease"), and the City licenses the Depot Property to the Downtown Business Association and the Petaluma Arts Alliance for office space use; and WHEREAS, Developer has submitted applications to the City for approval of development of the Corona Station Residential Project (the "Corona Project") on the Corona Property, including applications for a Zoning Text Amendment ("Corona Zoning Amendment"), a Development Agreement ("Development Agreement'), a Density Bonus and Development Concession/Incentive ("Corona Density Bonus"), a Tentative Subdivision Map ("Corona Tentative Map"), Conditional Use Permit ("Corona Use Permit'), and Site Plan and Architectural Review ("Corona SPAR") for a 110 unit residential project within the MU 1 B zone with Flood Plain -Combining (FP -C) Overlay, on the Corona Property; and WHEREAS, Developer is in contract with SMART to purchase the Downtown SMART Property which shall in turn be sold to the Hines company ("Hines") for development of a residential project ("Downtown Project') on the Downtown SMART Property; and WHEREAS, Developer has provided the City conceptual plans for the Downtown Project, but no application has been submitted to the City for the Downtown Project, and the conceptual plans for the Downtown Project indicate a project consisting of 402 residential units and ground floor tenant amenity uses; and •, WHEREAS, Developer plans to use the proceeds from Developer's sale of the Corona Project to purchase the Downtown SMART Property from SMART, and to sell the Downtown SMART Property to Hines, including City -approved alternative inclusionary housing compliance, but otherwise subject to future City approval of subsequent entitlement applications to be submitted by Hines; and WHEREAS, Developer's fee ownership of the Corona Property entitles Developer to engage in the development of the Corona Property in accordance with Section 23.030 of the City Development Agreement Requirements; and WHEREAS, Developer's contractual obligation to purchase the Downtown SMART Property in accordance with the Developer/SMART Agreement entitles the Developer to engage in Development of the Downtown SMART Property in accordance with Section 23.030 of the City Development Agreement Requirements subject to the terms of the Developer/SMART Agreement; and WHEREAS, the agreement between Developer and SMART dated October 12, 2019, as amended pursuant to the First Amendment dated as of April 28, 2020 ("Developer/SMART Agreement") is attached to and made a part of the Development Agreement, and in accordance with Section 9(a) of the Developer/SMART Agreement, as amended, the close of escrow on the purchase of the Downtown SMART Property is required to occur by the earlier of November 19, 2020, or when the City approves the entitlements for the Downtown SMART Property and the appeal period has expired; and WHEREAS, Section 2(a) of the Developer/SMART Agreement as amended requires as consideration for purchase of the Downtown SMART Property a payment of $8 million, and in accordance with Section 9(c) of the Developer/SMART Agreement, as amended, Developer must deposit into escrow the remainder of the $8 million purchase amount, less a non-refundable deposit already given by Developer and closing costs allocable to Developer by no later than 2 business days prior to the close of escrow; and WHEREAS, Section 9(d), the Developer/SMART Agreement as amended also requires Developer to dedicate to SMART 1.27 acres of land at the corner of McDowell Boulevard and Corona Road in Petaluma for the Corona SMART Station improvements, and the Corona Tentative Map includes such 1.27 acres of land as a remainder parcel; and WHEREAS, SMART intends to use the proceeds from sale of the Downtown SMART Property for the cost of design and construction of the Corona SMART Station on land at McDowell Boulevard and Corona Road in Petaluma, with terms regarding the design and construction of the Corona SMART Station being the subject of the proposed agreement to be 4 executed between SMART and the City pursuant to the authorization provided by this resolution; and WHEREAS, in 2016, the City contracted with Willdan Financial Services ("Willdan") to perform a nexus analysis to determine the City's ability to fund the cost of parking improvements for the Corona Station project from the City's traffic development impact fees; and WHEREAS, Willdan determined that a nexus exists for including parking structure improvements for the Corona SMART Station in the City's traffic impact fee program, that similar to other transit improvements included in the fee program, 22.43% of the cost of the Corona Station parking improvements could be attributed to future development, and that based on an estimated parking structure improvement cost of $10,500,000, $2,355,134 of the parking structure improvement costs could be recovered through an increase in the City's traffic impact fees; and WHEREAS, on May 16, 2016, the City Council approved Resolution No. 2016-076 N.C.S. repealing and replacing Resolution No. 2015-191 N.C.S and modifying the City's traffic impact fee program based on the Willdan analysis to add up to $2,355,134 in funding for parking improvements for the Corona SMART Station; and WHEREAS, the City has anticipated since updating City traffic impact fees on May 16, 2016 that City funding for the Corona SMART station would come entirely from traffic impact fee proceeds, and that City funding for the Corona SMART station would be allocated entirely to parking improvement costs; and WHEREAS, as a result of changing cost estimates for the Corona Station project, the City financial contribution must be designated more generally for Corona Station improvements, which may include station design, construction, parking improvements and other costs, pursuant to SMART's designibuild contract; and WHEREAS, Willdan, the consultants that prepared the 2016 update to the City's Traffic Impact fees have confirmed that using City traffic fee proceeds for Corona Station costs is permitted under the City's existing Traffic Impact Fee legislation because the nexus - traffic relief due to Corona Station SMART ridership - is unchanged, and the costs are also comparable, and, as a result, the City may rely entirely on Traffic Impact Fee proceeds to provide $2 million toward the Corona Station project costs; and WHEREAS, the attached, proposed City/SMART Agreement provides for allocation of $2 million in City funds for the Corona SMART Station improvements, which will provide traffic relief in Petaluma via commuter use of the Corona SMART Station consistent with the purposes of use of Traffic Impact fee proceeds for the Corona SMART Station; and WHEREAS, Developer's payment for purchase of the Downtown SMART Property in accordance with the Developer/SMART Agreement, the proceeds of which are to be used to fund construction of the Corona SMART Station, and Developer's dedication of 1.27 acres of land at McDowell Boulevard and Corona Road for the Corona SMART Station are critical elements of achieving the Corona SMART Station and essential consideration regarding the City's review of the Corona Project, the Downtown Project, and the Development Agreement; and WHEREAS, the City's payment of $2 million in City traffic impact fee proceeds allocated the Corona SMART Station improvements is also a critical element of achieving the Corona SMART Station and essential consideration for purchase of the Downtown SMART Property and the Development Agreement; and WHEREAS, SMART indicates that construction work for the Corona SMART Station must coincide with the construction work on the planned Windsor SMART station originally scheduled for March 2020, such that Developer's payment for the Downtown SMART Property and dedication of 1.27 acres at Corona Road and Mc Dowell Boulevard must occur before the scheduled closing on the Downtown SMART Property purchase for the Second Petaluma Station construction to proceed in conjunction with the Windsor station; and WHEREAS, the justification for entering into the Development Agreement with the Developer regarding the Corona Station Residential Project and the Downtown Project and the special long-term project considerations that make preservation of existing zoning requirements desirable throughout the life of the Corona Project, or so long as otherwise provided in the Development Agreement, consist of dedication of land for, and funding of, construction of the Corona SMART Station on land at McDowell Boulevard and Corona Road in Petaluma, as well as considerations regarding inclusionary housing compliance of the Corona and Downtown projects; and WHEREAS, the potential environmental impacts of the Corona Station Residential Project were identified and analyzed in accordance with the requirements of the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, and an Initial Study/Mitigated Negative Declaration ("IS/MND") was prepared to address potential environmental impacts of the Project; and WHEREAS, pursuant to the State Development Agreement Law and the City Development Agreement Requirements, notice of a public hearing before the Planning Commission on the Corona Project Approvals, including the Development Agreement was mailed to all property owners within a 1,000 foot radius of the Corona Property, and a public hearing notice was published once in the Petaluma Argus Courier on October 17, 2019, twenty-seven days prior to the Planning Commission hearing on the Corona Project and the Development Agreement; and if WHEREAS, on November 12, 2019, November 19, 2019, and January 14, 2020, the Planning Commission held public hearings on the Corona Project Approvals, including the Development Agreement, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, at the November 19, 2019 public hearing on the Corona Project Approvals, including the Development Agreement, the Planning Commission considered the IS/MND prepared for the Corona Project, and deliberated on the IS/MND and the Corona Project Approvals, including the proposed Development Agreement, and by a vote of 5-2 adopted Resolution no. 2019-017 recommending approval of the IS/MND, Resolution no. 2019-018 recommending City Council denial of the Development Agreement, Resolution No. 2019-019 recommending denial of the Corona Density Bonus, and Resolution no. 2019-020 recommending denial of the Corona Tentative Map; and WHEREAS, at the January 14, 2020 public hearing on the Corona Zoning Amendment the Planning Commission by a vote of 6-1 adopted Resolution No. 2020-01 denying the Corona Zoning Amendment; and WHEREAS, on January 15, 2020 the Developer submitted an application appealing the Planning Commission's denial of the Corona Zoning Amendment; and WHEREAS, pursuant to the State Development Agreement Law and the City Development Agreement Requirements, notice of a public hearing before the City Council on the Project Approvals, including the Development Agreement, was mailed to all property owners within a 1,000 foot radius of the Corona Property, and a public hearing notice was published once in the Petaluma Argus Courier on January 16, 2020, 11 days prior to the City Council hearing on the Project Approvals, including the Development Agreement; and WHEREAS, on January 27, 2020 the City Council held a public hearing on the Corona Project Approvals, including the Development Agreement, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, at the January 27, 2020 public hearing on the Corona Project Approvals, including the Development Agreement, the City Council considered Planning Commission Resolution no. 2019-017 recommending approval of the IS/MND prepared for the Corona Project, Resolution no. 2020-001 denying the Corona Zoning Amendment, Resolution no. 2019-018 recommending denial of the Development Agreement, Resolution no. 2019-019 recommending denial of the Corona Density Bonus, and Resolution no. 2019-020 recommending denial of the Corona Tentative Map, and deliberated on the IS/MND and the Corona Project Approvals sought, including the Development Agreement; and ivi WHEREAS, following the January 27, 2020 public hearing on the Corona Project Approvals, the City Council continued the hearing to a date certain of February 10, 2020; and WHEREAS, the planned February 10, 2020 City Council meeting was cancelled; and WHEREAS, pursuant to the State Development Agreement Law and the City Development Agreement Requirements, notice of a public hearing before the City Council on the Corona Project Approvals on February 24, 2020, including the Development Agreement, was mailed to all property owners within a 1,000 radius of the Property, and a public hearing notice was published once in the Petaluma Argus Courier on February 13, 2020, 11 days prior to the City Council hearing on the Corona Project Approvals, including the Development Agreement; and WHEREAS, on February 24, 2020 the City Council held a public hearing on the Corona Project Approvals, including the Development Agreement, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, at the February 24, 2020 public hearing on the Corona Project Approvals, including the Development Agreement, the City Council considered Planning Commission Resolution no. 2019-017 recommending approval of the IS/MND prepared for the Corona Project, Resolution no. 2020-001 denying the Corona Zoning Amendment, Resolution no. 2019-018 recommending denial of the Development Agreement, Resolution no. 2019-019 recommending denial of the Corona Density Bonus, and Resolution no. 2019-020 recommending denial of the Corona Tentative Map, and deliberated on the IS/MND and the Corona Project Approvals sought, including a resolution approving the IS/MND, an ordinance approving the appeal and introducing the Corona Zoning Amendment, an ordinance introducing the Development Agreement, a resolution approving the Corona Density Bonus, and a resolution approving the Corona Tentative Map, and considered all of the information contained in the record concerning the proposed Project Approvals including the Development Agreement, and approved the Project Approvals, including the ordinance introducing the Development Agreement; and WHEREAS, in accordance with Article XI, Section 7, of the California Constitution, the City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, in accordance with Article, XI, Section S, of the California Constitution, as a charter City, the City may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in its charter, and with respect to municipal affairs, the City's ordinances and regulations shall supersede all inconsistent state laws; and 13 WHEREAS, in accordance with Article XI, Section 9, of the California Constitution, the City may establish, purchase and operate public works to furnish residents with light, water, power, heat, transportation, and means of communication; and WHEREAS, in accordance with Section 54 of the Petaluma Charter, the City, by and through its council and other officials, shall have and may exercise all powers necessary or appropriate to the municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution, and the specifications in the Petaluma Charter of any particular powers shall not be held to be exclusive or any limitation of the City's general grant of powers; and WHEREAS, in accordance with Section 54981 of the Government Code, the City may localcontract with any other • performance of municipal services or WHEREAS, in accordance with Section 105032 of the Public Utilities Code, the SMART Board has the power to own, operate, manage, and maintain a passenger rail system within the territory of the district, and to determine the rail transit facilities, including ancillary bicycle and pedestrian pathways, to be acquired and constructed by SMART, the manner of operation, and the means to finance them; and WHEREAS, in accordance with Section 105070 of the Public Utilities Code, SMART may make contracts and enter into stipulations of any nature whatsoever, employ labor, and do all acts necessary and convenient for the full exercise of SMART's granted powers; and WHEREAS, in accordance with Section 105085 of the Public Utilities Code, SMART may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real property of every kind within or without the district necessary to the full or convenient exercise of its powers, and may lease, mortgage, sell, or otherwise dispose of any real or personal property when in its judgment it is in the best interests of SMART to do so; and WHEREAS, in accordance with Section 105096 of the Public Utilities Code, SMART may acquire, construct, own, operate, control, or use rights-of-way, rail lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rail transit within and without the district, together with all physical structures necessary or convenient for the access of persons and vehicles thereto, including ancillary bicycle and pedestrian pathways, and may acquire or contract for any interest in or rights to the use or joint use of any or all such facilities; and WHEREAS, in accordance with Section 105101 of the Public Utilities Code, SMART may enter into agreements for the joint use of any property and rights by SMART and any city, public agency, or public utility operating transit facilities and may enter into agreements with any city, public agency, or public utility operating any transit facilities, wholly or partially within or without the district, for the joint use of any property of SMART or of the city, public agency, or public utility, or for the establishment of through routes, joint fares, transfer of passengers, or pooling agreements; and WHEREAS, the potential environmental impacts of the Sonoma Marin Area Transit (SMART) Project, inclusive of the Corona Station Project, were identified and analyzed in accordance with the requirements of CEQA by the lead agency, the SMART District, and an Environmental Impact Report was certified by resolution (No. 2006-05 and 2008-05) addressing potential environmental impacts of the Project (SMART EIR, SCH # 2002112033); and WHEREAS, the SMART District, as the lead agency, adopted a Mitigation Monitoring Plan (SMART MMP, January 2011), to be implemented for the SMART Project, inclusive the Corona Station Project; and WHEREAS, the SMART District, as the lead agency is responsible for implementing the adopted MMP, inclusive of all measures applicable to the Corona Station; and WHEREAS, the City of Petaluma, as a responsible agency, has reviewed the SMART EIR and has accepted the analysis and supporting documentation as adequate; and WHEREAS, the City of Petaluma, as a responsible agency, has reviewed the SMART EIR and MMP, and evaluated whether the City's actions to facilitate the Corona Station would result in any new or more severe significant environmental impacts, and none have been identified; and WHEREAS, the City of Petaluma, as a responsible agency, has determined based on the City's Review of the SMART MMP for Corona Station (Exhibit 2) and findings therein, that there have not been any changes to the project or in surrounding circumstances, or that there is any other relevant new information, that warrant subsequent or supplemental environmental review under CEQA Guidelines section 15162; and WHEREAS, the City of Petaluma, as a responsible agency, finds that development of the Corona Station will not result in any unmitigated significant unavoidable impacts on the environment, and that SMART has already adopted and committed to implementing all identified measures needed to mitigate identified impacts from the Corona Station to a less than significant level; NOW, THEREFORE, the Council of the City of Petaluma does hereby resolve as follows: 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. 15 2. Agreement Covered Under Certified EIR: Approval of the City/SMART Agreement is not subject to subsequent or supplemental environmental review because the environmental impacts from development and operation of the Corona Station have already been assessed in the SMART EIR and supporting documentation (SCH #2002112033). The City/SMART agreement relates to the provision of funds for the design and construction of the Corona SMART station, which was included in the certified EIR conducted for the SMART Project. No further environmental review is warranted. The Council adopts all CEQA Findings set forth in the attached "City of Petaluma CEQA Review of and CEQA Findings for Corona Station," a copy of which is attached hereto as Exhibit 2. 3. Resolution 2020-056 Rescinded. Resolution 2020-056 adopted May 4, 2020, is hereby rescinded and of no further force or effect. 4. Agreement for Corona Station Improvements Approved. The Agreement between the City of Petaluma and the Sonoma Marin Are Rail Transit District ("SMART") for Construction of Corona Station Improvements in the City of Petaluma and Related Matters ("Corona Station Improvements Agreement") which is attached to and made a part of this resolution as Exhibit 1 is hereby approved. 5. City Manager Authorized to Execute Agreement. The City Manager is hereby authorized and directed to execute an agreement for Corona Station Improvements with SMART substantially in accordance with that attached as Exhibit 1, subject to such changes to the agreement deemed necessary or appropriate by the City Manager and approved by the City Attorney to affect the intended purposes of this resolution. 6. Construction of the Corona Station Improvements Subject to All Applicable Laws. SMART's construction of the Corona Station Improvements shall be subject to compliance with all laws and regulatory approvals applicable thereto, including, without limitation, approvals required pursuant to the California Environmental Quality Act ("CEQA"). 7. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this resolution is severable. If any section, paragraph, sentence, clause or phrase of this resolution is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. 8. Resolution Effective Immediately. This Resolution shall take effect immediately upon its adoption. ADOPTED, SIGNED AND APPROVED this 1 st day of June, 2020. Teresa Barrett, Mayor Claire Cooper, City Clerk W FOUR 1111.19K Agreement between the City of Petaluma and the Sonoma Marin Area Rail Transit District for Construction of Corona Station Improvements in the City of Petaluma and Related Matters This agreement ("Agreement") is entered into as of , 2020 by and between the City of Petaluma, a California municipal corporation and charter city ("City"), and the Sonoma Marin Area Rail Transit District ("SMART"), a regional transportation district. Recitals A. Lomas Corona Station LLC, the owner of property at 890 North McDowell Boulevard, APN 137-061-019, in Petaluma ("Corona Property") and Lomas SMART LLC, which is in contract to purchase property owned by SMART located at 315 East D Street, APN 007-131- 003, in Petaluma ("Downtown SMART Property") are under the same management and ownership, and are referred to in this Agreement as the "Developer." B. The Downtown SMART property is adjacent to property owned by SMART, A.P.N. 007-131-004 ("Depot Property") that contains SMART station and depot and other improvements and that is subject to a lease agreement between SMART and the City ("Depot Lease"). The Depot Lease was originally entered on August 1, 2003. The original parties to the Depot Lease were the Northwestern Pacific Railroad Authority as property owner the Petaluma Community Development Commission as lessee. SMART succeeded the original property owner by operation of law and the Petaluma Community Development Commission assigned its interest as lessor to the City pursuant to an Assignment and Assumption Agreement dated August 22, 2013. The City licenses the Depot Property to the Downtown Business Association and the Petaluma Arts Alliance for office space use. C. The agreement between Developer and SMART dated October 12, 2019 , as amended pursuant to the First Amendment dated as of April 28, 2020 ("Developer/SMART Agreement"), provides for the close of escrow on the purchase of the Downtown SMART Property to occur by the earlier of November 19, 2020, or when the City approves the entitlements for the Downtown SMART Property and the appeal period has expired. 17 D. Section 2(a) of the Developer/SMART Agreement requires as consideration for purchase of the Downtown SMART Property a payment of $8 million, and in accordance with Section 9(c) of the Developer/SMART Agreement, Developer must deposit into escrow the remainder of the $8 million purchase amount, less a non-refundable $500,000 deposit already given by Developer and closing costs allocable to Developer by May 15, 2020. E. Section 9(e), the Developer/SMART Agreement also requires Developer to transfer all rights, title and interest in the remainder parcel to SMART of 1.27 acres of land at the corner of McDowell Boulevard and Corona Road in Petaluma and the Developer's Corona Tentative Map application includes such 1.27 acres of land as a remainder parcel. F. On October 12 2019 SMART entered into an agreement to sell SMART's Downtown property to Developer (for 8 million and 1.27 remainder parcel). G. City intends to place into the escrow for purchase of the Downtown SMART Property $2 million of the $8 million purchase price. The City contribution will be funded by traffic impact fee proceeds that were established in 2016 for this purpose, and will be used to fund Corona Station improvements which will provide traffic relief in Petaluma via commuter use of the Corona SMART station. H. Developer's payment for the Downtown SMART Property and dedication of 1.27 acres at Corona Road and Me Dowell Boulevard must occur by the scheduled closing on the Downtown SMART Property purchase in order for SMART to request a Change Order and proposal from SMART's existing train system contractor for the Second Petaluma Station design and construction to proceed approximately concurrently with the Windsor station. L In accordance with Article XI, Section 7, of the California Constitution, the City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations J. In accordance with Article, XI, Section 5, of the California Constitution, as a charter City, the City may make and enforce all ordinances and regnilations in respect to municipal affairs, subject only to restrictions and limitations provided in its charter, and with respect to municipal affairs, the City's ordinances and regulations shall supersede all inconsistent state laws. K. In accordance with Article XI, Section 9, of the California Constitution, the City may establish, purchase and operate public works to furnish residents with light, water, power, heat, transportation, and means of communication. L. In accordance with Section 54 of the Petahrnia Charter, the City, by and through its council and other officials, shall have and may exercise all powers necessary or appropriate to the :, municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution, and the specifications in the Petaluma Charter of any particular powers shall not be held to be exclusive or any limitation of the City's general grant of powers. M. In accordance with Section 54981 of • with any other local agency for the performance of municipal services or functions within the City's territory. N. In accordance with Section 105032 of the Public Utilities Code, the SMART Board has the power to own, operate, manage, and maintain a passenger rail system within the territory of the district, and to determine the rail transit facilities, including ancillary bicycle and pedestrian pathways, to be acquired and constructed by SMART, the manner of operation, and the means to finance them. O. In accordance with Section 105070 of the Public Utilities Code, SMART may make contracts and enter into stipulations of any nature whatsoever, employ labor, and do all acts necessary and convenient for the full exercise of SMART's granted powers. P. In accordance with Section 105085 of the Public Utilities Code, SMART may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real property of every kind within or without the district necessary to the full or convenient exercise of its powers, and may lease, mortgage, sell, or otherwise dispose of any real or personal property when in its judgment it is in the best interests of SMART to do so. Q. In accordance with Section 105096 of the Public Utilities Code, SMART may acquire, construct, own, operate, control, or use rights-of-way, rail lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rail transit within and without the district, together with all physical structures necessary or convenient for the access of persons and vehicles thereto, including ancillary bicycle and pedestrian pathways, and may acquire or contract for any interest in or rights to the use or joint use of any or all such facilities,. R. In accordance with Section 105101 of the Public Utilities Code, SMART may enter into agreements for the joint use of any property and rights by SMART and any city, public agency, or public utility operating transit facilities and may enter into agreements with any city, public agency, or public utility operating any transit facilities, wholly or partially within or without the district, for the joint use of any property of SMART or of the city, public agency, or public utility, or for the establishment of through routes, joint fares, transfer of passengers, or pooling agreements. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and SMART agree as follows: R I . Recitals. The above recitals are true and correct and are made a part of this Agreement. 2. Corona Station Project. 2.1 Within 60 days of close of escrow on the Developer's purchase of the Downtown SMART Property pursuant to the Developer/SMART Agreement, (1) SMART will initiate a request for change notice and proposal from SMART's existing Civil and System Contracts for design and construction of the Train System improvements; (Together "Corona Station Project") 2.2 Should the combined Corona Station Project Contract(s) proposals NOT exceed $8 million, SMART agrees to initiate a design/build Change Order to existing Contracts for Corona Station Project in SMART right of way located at , A.P.N. ("Corona Station Property") subject to the terms of this Agreement and to applicable regulatory requirements, including but not limited to, those of the California Public Utilities Commission ("CPUC") and the Federal Railway Administration ("FRA"). SMART will be responsible for obtaining all applicable regulatory approvals required for construction of the Corona Station Project. OR in the alternative 2.3 Should the combined Corona Station Project Contract(s) Proposals exceed $8 million SMART agrees to use the $2 million in City funding for the Corona Station Project, and to match the City funds with $2 million in SMART funding, and to progress as far as is reasonably possible toward completing design and construction of the Corona Station Project using the $4 million in combined City and SMART funding and to seek additional Regional, State or Federal funding needed to complete the construction of the Corona Station Project. Once SMART obtains the funding needed to complete the construction of the Corona Station Project, it will be allocated to completion of the Corona Station Project and the project will proceed to completion. 3. City Funding 3.1 City Funding. City will deposit $2 million in the escrow for the Developer /SMART agreement at least 2 business days before the close of escrow, so that the close of escrow on the Developer's purchase of the Downtown SMART Property can occur in accordance with Section 9(a) of the Developer/SMART Agreement as amended. The City's contribution of $2 million in City funds to the cost of constructing the Corona Station Project will be the maximum City contribution to funding of the Corona Station Project, and the City will not be required to provide further funding for completion of the Corona Station Project. In the event any challenge is brought by a third party concerning this Agreement or City's funding of this Agreement, prior to close of escrow City may terminate this Agreement in accordance with Section 7, below. 3.2 If City elects to defend such third parry challenge to this Agreement or City's funding of this Agreement or City terminates this Agreement, City shall indemnify, defend, W protect, hold harmless, and release SMART, its officials, officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees and costs) arising from or in connection with, or caused by any act, omission, or negligence of the City regarding this Agreement or City's Funding of this Agreement. 4. Corona Station Project/Depot Project Cooperation. The City and SMART agree to cooperate in good faith regarding the Corona Station Project in accordance with this Agreement. To the extent any construction of the Corona Station Project and/or the Downtown Depot Lease Amendment contemplated herein is subject to approvals of the City or SMART requires cooperation of the City regarding obtaining approvals from other government bodies, the City agrees to cooperate with SMART and not unreasonably withhold City approvals or encroachment permits which shall be issued at no cost to SMART and to cooperate with SMART concerning obtaining approvals from other government bodies. SMART agrees to cooperate with the City concerning City approvals and coordination related to construction of the Corona Station Project, such as concerning impacts of the Corona Station Project construction on City right of way and traffic, or obtaining City encroachment permits. 5. Depot Lease Amendment. On May 4th, 2020 City introduced an Ordinance approving an amendment to the Depot Lease which ordinance shall receive its second reading and be adopted no later than days after the SMART Board action to approve this Agreement, and such approval takes effect. City and SMART agree to amend the Depot Lease at no cost to SMART, to provide for City's and SMART's shared use of parking spaces on the Depot Property as follows: Upon construction of any needed improvements, signage and striping: (1) SMART patrons may use parking spaces at the Depot during SMART's operational hours and Tenant patrons may use parking spaces at the Depot during the tenants operational hours on a first come first serve basis (2) No other parking will be allowed including; no overnight parking or parking for any residential, retail or commercial uses (3) SMART will be responsible for enforcing parking and restrictions as per other SMART parking facilities. City will provide through other agreement or understanding with new owner of Downtown SMART Property for SMART's continued use of the parking on the Downtown SMART Property and preservation of the existing ingress/egress through the Downtown SMART property to the Depot Property until new owner commences development of the Downtown SMART Property. 6. Tenn. The Term of this Agreement will commence upon approval of this Agreement by the City Council and SMART Board, and expire upon SMART's completion of the Corona Station Project as delineated under Section 2.2 or in the alternative, upon the expenditure of $4 million in combined City and SMART funding to progress as far as is reasonably possible toward completing design and construction of the Corona Station Project as delineated under Section 2.3, subject to the terms of this Agreement and to applicable regulatory requirements, including but not limited to, those of the California Public Utilities Commission ("CPUC") and the Federal Railway Authority ("FRA"), unless sooner terminated or the Term is otherwise amended in accordance with Section 10. 21 7. Termination. 7.1 In the event any challenge is brought by a third parry concerning this Agreement or City's funding of this Agreement, the City may terminate this Agreement prior to close of Developer/SMART escrow in accordance with Section 3. The City and SMART may terminate this Agreement for cause following written notice to the other party or by mutual agreement. 7.2 Should escrow fail to close on the Downtown SMART property due to Developer's failure to fully perform under the Developer/SMART Agreement dated October 12, 2019, as amended, or should City terminate this Agreement prior to closing of escrow in response to a third party challenge to this Agreement or its funding, City shall be entitled to a refund from escrow of City's $2 million deposit and SMART shall have no further duties, responsibilities or obligations to CITY. 7.3 Upon the expiration of the Term in accordance with Section 6 above, SMART shall be deemed to have fully performed under this Agreement, this Agreement shall terminate and neither SMART nor City shall have further duties, responsibilities or obligations under this Agreement e. 7.4 Should City fail to timely perform its obligations under Section 3 or Section 5 of this agreement, SMART may terminate this agreement and SMART shall have no further duties, responsibilities or obligations to City. 8. Liability. This Agreement is not intended to create and may not be construed so as to create any liability of the parties or any standard of care of the parties in excess of that established pursuant to this Agreement and existing law applicable to the parties. Except as otherwise provided in Section 3 neither party will have any liability for the acts or omissions of the other party. 9. Remedies. The remedies available to the City and SMART for breach of the terms of this Agreement will be limited to (1) Specific performance of the obligations of the City to timely perform as provided for in Section 3 and 5 of this agreement (2) Specific performance of the obligations of SMART as provided for in Section 2, subject to the terms of this Agreement and to applicable regulatory requirements, including but not limited to, those of the California Public Utilities Commission ("CPUC") and the Federal Railway Authority ("FRA") 10. Amendment. This Agreement may only be amended by a writing signed by authorized representatives of each party. 11. Notice. Unless otherwise requested by a parry, all notices, demands, requests, consents or other communications which may be or are required to be given by either party to the other shall be in writing and shall be deemed effective upon service. Notices shall be deemed to have been properly given when served on the party to whom the same is to be given by hand delivery or by deposit in the United States mail addressed to the party as follows: 22 District: Farhad Mansourian, District Manager Sonoma -Marin Area Rail Transit District 5401 Old Redwood Highway Petaluma, CA 94954 City: Peggy Flynn, City Manager 11 English Street Petaluma, CA 94952 When a notice is given by a generally recognized overnight courier service, the notice, invoice or payment shall be deemed received on the next business day. When a notice or payment is sent via United States Mail, it shall be deemed received seventy-two (72) hours after deposit in the United States Mail, registered or certified, return receipt requested, with the postage thereon fully prepaid. In all other instances, notices, and payments shall be effective upon receipt by the recipient. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this paragraph. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Merger. This Agreement contains the entire understanding between the parties, and no statement, promise, or inducement made by either party or agents of the parties that is not contained in this Agreement shall be valid or binding; and this Agreement may not be enlarged, modified, or altered except in accordance with Section 10. 14. Authority. The undersigned represent and warrant that they each have the authority to execute and deliver this Agreement on behalf of each respective parry. 15. No Waiver. The waiver by any of the parties of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. 16. Time of the Essence. Time is of the essence in this Agreement and each of its provisions. 17. No Third Party Beneficiaries. Nothing in this Agreement, expressed or implied, is intended to or shall confer upon the Developer (Lomas Corona Station LLC), any subsequent owner of the "Corona Property"/ "Downtown SMART Property", any successor or assign, or any Person other than the parties to this agreement any legal or equitable right, benefit or remedy of any nature under or by reason of this Agreement. 23 IN WITNESS WHEREOF, authorized representatives of the City and SMART have each executed this Agreement as of the date first written above. City of Petaluma By: Peggy Flynn, City Manager Attest: By: Claire Cooper, City Clerk Approved as to form: By: Eric W. Danly, City Attorney Sonoma Marin Area Rail Transit District By: Farhad Mansourian, General Manager Approved as to form: By: Thomas F. Lyons, District Counsel 24 EXHIBIT 2 CITY OF PETALUMA CEQA REVIEW OF AND CEQA FINDINGS FOR CORONA STATION The City of Petaluma is considering an agreement with SMART to facilitate construction of the Corona Station. As documented further below, SMART previously completed environmental review for its entire (then -proposed) rail system, including the Corona Station, in 2006, in compliance with the California Environmental Quality Act (CEQA). This environmental review included the June 2006 Final Environmental Impact Report for the Sonoma -Marin Area Rail Transit Project. That EIR was subject to various addenda, a supplemental EIR, and a supplemental mitigated negative declaration, though none of those subsequent documents are relevant to the Corona Station. SMART has since constructed most of the rail system project identified in the 2006 EIR and is now operating it, but the Corona Station remains to be developed. As the City is taking action to facilitate the Corona Station, the City is a "responsible agency" under CEQA, whereas SMART remains the "lead agency." As a responsible agency, the City is obligated to review and consider the 2006 EIR and related CEQA documents, to consider whether its actions to facilitate the Corona Station may result in any significant environmental impacts, and to ensure that all feasible mitigation measures are adopted to the extent necessary to mitigate such impacts. (CEQA Guideline § 15095, subds. (e) through (h).) The City must also review the 2006 EIR to determine whether there have been any changes to the project or in surrounding circumstances, or whether there is any other relevant new information, that warrant subsequent or supplemental environmental review under CEQA Guidelines section 15162. The City has thus reviewed each of the potentially significant impacts identified in the 2006 EIR in order to assess the extent to which each impact is relevant to the Corona Station, whether necessary measures to mitigate such impacts have been adopted, and whether its analysis and conclusions remain valid today. The City's analysis is reflected in this document in the form of notations and comments on the February 2011 SMART Mitigation Monitoring Plan ("MMP"). This analysis identifies the mitigation measures set forth in the 2006 EIR and related subsequent CEQA documents and specifies which of those measures apply to the Corona Station. Based on this analysis, the City finds that development of the Corona Station will not result in any unmitigated significant unavoidable impacts on the environment, and that SMART has already adopted and committed to implement all identified measures needed to mitigate identified impacts to a less than significant level. The City has no role in the implementation of any of the identified mitigation measures, with the limited exception of one measure the City has already adopted and implemented (Mitigation Measure N-5). The City thus does not need to itself adopt any further mitigation measures for Corona Station in its capacity as a responsible agency. The 2006 SMART EIR did tentatively identify two impacts as potentially significant and unavoidable, but neither of these impacts apply to the Corona Station and neither warrant the City's adoption of a statement of overriding considerations. They areas follows: • Impact T-5 (Implementation of the proposed project may lower the service level of several local streets): The 2006 EIR found that implementation of the project could result in significant level of service (LOS) impacts at one or more intersections in other jurisdictions. While it identified mitigation measures for all such impacts, it conservatively identified these impacts as potentially significant and unavoidable (SU) in the event any of those measures proved to be infeasible. But it did not identify any such LOS impacts at the Corona Station site. Moreover, in any event, LOS is no longer a metric that CEQA allows for use to measure environmental impacts, and CEQA instead requires consideration of a project's impacts relating to "Vehicle Miles Traveled" (VMT). Of course, the Corona Station will necessarily reduce VMT and thus will not result in significant traffic impacts. • Impact N-5 (Train horns would cause a substantial increase in ambient noise levels in the project vicinity): In order to mitigate the noise impacts on of train horns and other audible warning devices by installing crossing controls, the 2006 EIR proposed mitigation measure N-5, which contemplated that local jurisdictions may apply to the Federal Rail Administration (FRA) for designation as a Quiet Zone, where audible warning devices are not required. The 2006 EIR conservatively identified noise impacts from train 25 horns as being a potentially significant and unavoidable impact, given the then -uncertainty as to whether such quiet zones would be approved by FRA. However, the City did successfully apply for such a quiet zone designation and the FRA has approved it. The City thus finds that this measure has been implemented and that this impact can and has been mitigated to a level of less than significant. The City further finds, pursuant to CEQA Guidelines section 15161, that there have been no relevant changes in the SMART Project or surrounding circumstances, and no other relevant new information, warranting any supplemental or subsequent environmental review for the Corona Station project, and that the 2006 EIR adequately addresses the environmental impacts of that station. This finding is based in part on the following separate CEQA analyses: • The City recently prepared a Mitigated Negative Declaration for development of Corona Station Residential Project adjacent to the Corona Station, and that document includes an updated site-specific analysis of the project area that discloses no new impacts not already analyzed in the 2006 EIR. • Prior to that, on June 17, 2013, the City Council adopted the Petaluma SMART Rail Station Areas: TOD Master Plan, for which the Council adopted a separate Mitigated Negative Declaration that likewise included analysis of the future development of the Corona Station, finding no significant unmitigated impacts. The following text is taken verbatim from the February 2011 SMART MMP, with additional annotations provided specific to the Corona Station: 6"►T/_1:4r►yIk0ECT�III [i] LN IT MLlIIII Ice] NI'Ll[rl w_1L. The original Mitigation Monitoring Plan (MMP) for the SMART project was included in Chapter 5 of the 2006 Final EIR and was adopted by the SMART Board in 2006. The Final Supplemental Environmental Impact Report (FSEIR, Draft SEIR published in March 2008; Final SEIR published in July 2008) and the Final Supplemental Mitigated Negative Declaration for the Todd Road Operations and Maintenance Facility (FSMND, Draft SMND published in October 2010 and Final SMND published in January 2011) address the potential environmental effects of supplemental project components and identify additional mitigation measures for these new or changed project components. An MMP for the FSEIR was adopted by the SMART Board in July 2008. An MMP for the FSMND was adopted by the SMART Board along with the SMND in January 2011. The mitigation measures from the FEIR, FSEIR, and FSMND are all combined in Table 1 and constitute the complete MMP for the SMART project. The MMP also addresses environmental compliance measures (see Table 2). Measures adopted as part of the FSEIR or FSMND are noted as such. As required by Public Resources Code section 21081.6, subdivision (a)(1), the Sonoma -Marin Area Rail Transit District (SMART), in adopting Findings of Fact pertaining to the environmental commitments and mitigation measures described in the certified Final EIR, also adopts this Mitigation Monitoring, Plan (MMP). The MMP is designed to ensure that, during Project Implementation, SMART and any other responsible parties comply with the feasible mitigation measures adopted by the District and described in this document. Unless otherwise specified in the following descriptions of responsibility for monitoring, the custodian of the documents comprising the record of proceedings for the SMART's decision is the General Manager for the SMART Board of Directors. The location of the record of proceedings is the Sonoma -Marin Area Rail Transit District, 4040 Civic Center Drive, Suite 200, San Rafael, California 94903. GENERAL MONITORING AND ENFORCEMENT PROCEDURES SMART, as the lead agency for the project, will retain primary responsibility for ensuring that project activities meet the mitigation program requirements and other permit conditions imposed by participating regulatory agencies. SMART and any monitors it may designate are responsible for mitigation monitoring that will occur during project construction and operation. The contractors selected to construct and operate the project will be responsible for submitting all documentation and reports to SMART in a timely manner to demonstrate compliance with specified mitigation requirements. SMART has the responsibility for implementation of mitigation requirements and will be capable of terminating contractors who do not demonstrate the desire and commitment to comply with adopted mitigation requirements. 26 In addition to SMART's responsibility for mitigation implementation and monitoring, other agencies also have responsibility for ensuring or guiding implementation of certain measures. Relevant measures relate to regulatory or statutory requirements administered by these agencies. Examples of these shared responsibilities include Streambed Alteration Permits (California Department of Fish and Game [CDFG]), jurisdictional wetlands determinations and mitigation (U.S. Army Corps of Engineers), issues related to special -status species (CDFG and U.S. Fish & Wildlife Service). SMART will coordinate with these agencies to ensure that implementation of mitigation measures meets the appropriate requirements. MITIGATION MEASURES Table 1 describes the mitigation measures proposed in the FEIR, FSEIR, and FSMND to offset or reduce significant or potentially significant impacts. For each mitigation measure, the table lists the location where the mitigation is to be implemented, the monitoring and reporting action for the mitigation, the effectiveness criteria of each mitigation measure, which agency is responsible for implementing the mitigation, and the timing for implementation of the mitigation. 27 Table 1. SMART Project Mitigation Monitoring Program Geology, Soils and Seismicity IMPACT G-1 Excavations may encounter shallow or perched groundwater, which would require dewatering and potential discharge that could cause erosion of soil. City of Petaluma CEQA Findings as to Corona Station Applicability MITIGATION MEASURE Mitigation Measure G-1: Implement erosion control Best Management Practices (BMP) such Applies. As the lead agency responsible for construction as settling basins, the covering of soil stockpiles, runoff diversions, silt fences, and dewatering of the Corona Station, SMART has committed to sediment filtersocks. Site-specific measures shall be determined during pre -construction implementation of this mitigation measure. The City has planning. no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Location Areas of excavation where there is a potential to encounter shallow or perched groundwater Monitoring / Reporting Action Erosion control measures will be monitored by the contractor. Effectiveness Criteria Implementation of appropriate BMPs will limit erosion within the project area. Responsible Agency Sonoma -Marin Area Rail Transit (SMART) District Timing Prior to the start of construction activities. IMPACT G-2 Temporary excavations and dewatering may induce ground failure and settlement to adjacent structures. MITIGATION MEASURE Mitigation Measure G-2: Implement properly designed restraint and shoring systems to avoid unstable excavations. The proper shoring design depends on the soil type, the extent of groundwater seepage, the height or depth of the excavation, the inclination of the excavation and the amount of time that the excavation will remain open. These factors can be developed during the geotechnical investigation and recommendations made to structural engineers responsible for the design. When excavations are made adjacent to sensitive structures (i.e., buildings of historic significance, equipment with little tolerance to settlement, or critical facilities and utilities), monitoring of ground surface and structures shall occur so that the amount of settlement or movement does not exceed acceptable levels. Location Areas adjacent sensitive structures where excavations would occur. Monitoring / Reporting Action When excavations are made adjacent to sensitive structures (i.e., buildings of historic significance, equipment with little tolerance to settlement, or critical facilities and utilities), monitoring of ground surface and structures by a qualified geologist shall occur so that the amount of settlement or movement does not exceed acceptable levels. Applies, presuming railway itself has little tolerance to settlement and is a critical facility. No nearby historic structures. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Effectiveness Criteria Adherence to appropriate Uniform Building Code (UBC) foundation design criteria so that structures and facilities can withstand various ground -moving forces which could impact the proposed project. Responsible Agency SMART District Timing Prior to and during project construction. IMPACT G-3 Portions of the rail alignment are susceptible to erosion from surface runoff, particularly sloping areas adjacent to drainage swales and creeks and rivers. MITIGATION MEASURE Mitigation Measure G-3: Implement erosion control measures including hydro seeding or erosion control materials on areas that have been graded or disturbed. Additionally, maintain and repair drainage structures (e.g., culverts, drop inlets, etc.) on cut and fill slopes to minimize long term erosion. Licensed civil engineers shall develop properly designed stormwater runoff collection structures and finished contours for new stations, rail sidings, and earthwork to maximize long-term slope stability. Location Graded or disturbed areas and those areas that have slopes underlain or covered by loose sandy soils as well as localized areas adjacent to drainage outlets and unprotected abutment shoreline areas subject to wave action, such as the Petaluma River. Monitoring / Reporting Action Erosion control measures will be monitored by the contractor during construction with ongoing monitoring by the SMART District following construction. Effectiveness Criteria Implementation of appropriate erosion control measures and properly designed stormwater collection structures will limit erosion within the project area. Applies. Southern portion of station site may overlap with Zone AE, within the 100 year floodplain. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 29 Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability Responsible Agency SMART District Timing During and following project construction. IMPACT G-4 The entire rail alignment and proposed structures are susceptible to significant groundshaking from earthquakes. MITIGATION MEASURE Mitigation Measure G-4: A site-specific geotechnical Investigation report shall be prepared Applies. Site is located within Zone 8, Very Strong, of as part of final project design, and its recommendations for seismic design parameters per Mercalli Intensity Shaking Severity Level. SMART is UBC code shall be incorporated into the proposed project design. This report shall include an responsible for implementing this measure; the City has in-depth study of the regional seismicity and site-specific geologic conditions, including a no role in its implementation. The City finds that SMART probabilistic seismic hazard analysis that incorporates risk-based evaluations of exceedance has adopted this mitigation measure and that it will of certain peak ground accelerations. Measures to reduce impacts would include ground mitigate this impact to a level of less than significant for improvement such as soil mixing, jet grouting, soil densification, pile supported structures, etc. the Corona Station. The use of specific measures will depend on soil type and stratigraphy, which will be determined during final design. Implementation of geotechnical design recommendations shall be verified during construction by monitoring of construction activities by a qualified geotechnical consultant. After any significant earthquake in the area resulting in felt shaking (also after major rainstorms), the constructed rail line should be immediately inspected. This inspection would be for possible damage and delineation of areas requiring temporary speed reductions, maintenance or more substantial repair work before resumption of train service. Location Project rail alignment from Cloverdale to Larkspur. Monitoring / Reporting Action Implementation of geotechnical design recommendations shall be verified during construction by monitoring of construction activities by a qualified geotechnical consultant. Effectiveness Criteria Seismic design parameters per UBC code shall be incorporated into the proposed project design. Responsible Agency SMART District Timing Part of final engineering design. IMPACT G-5 Fault rupture can cause damage to above ground and underground built struc- tures by horizontal or vertical displacement at the ground surface. MITIGATION MEASURE Mitigation Measure G-5: Evaluation of fault rupture hazard shall be undertaken during Not Applicable. No known faults traverse the Corona subsurface geotechnical investigations as discussed in Mitigation Measure G-3 for this Station Site. Presumed that MM G-4 above will segment using guidelines specified in Special Publication 42 of CGS. The evaluation shall confirm. determine the specific design features that will be most appropriate for implementation. Location Throughout the project corridor. 30 Monitoring / Reporting Action A qualified geologist will evaluate the fault rupture hazard during project design. Effectiveness Criteria Completion of hazard evaluation. Responsible Agency SMART District Timing Part of final engineering design. IMPACT G-6 Segments of the proposed project corridor would be subject to liquefaction during strong groundshaking events. MITIGATION MEASURE Mitigation Measure G-6: Proper subsurface investigation shall be conducted in areas with liquefaction potential prior to construction as detailed in Mitigation Measure G-4. This investigation should include Standard Penetration Test borings, laboratory grain size analysis and liquefaction analysis. The subsurface investigation would identify the potential for liquefaction and identify design features to reduce the potential for liquefaction. Geotechnical design recommendations shall be incorporated into final project designs and verified during construction by monitoring of construction activities by a qualified geotechnical consultant. Applies. Site has high potential for liquification per site specific Geotechnical Investigation performed for Corona Residential. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 31 Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability Location Throughout the project corridor. Liquefaction potential is most significant in areas with thicker deposits of granular alluvium (Russian River) and moderately significant near drainages with interbedded granular and cohesive sediments. The CGS has prepared liquefaction suscep- tibility maps of the San Francisco Bay Area that show relative risks of liquefaction. These areas are generally low-lying stream or drainage courses with high groundwater. Monitoring / Reporting Action A qualified geologist will conduct subsurface investigations in areas with potential for lique- faction and will monitor construction activities to insure geotechnical design recommendations are incorporated into the final project design. Effectiveness Criteria Adherence to appropriate geotechnical design features included as part of the project to pro- tect against geotechnical hazards such as liquefaction. Responsible Agency SMART District Timing Part of final engineering design and during project construction. IMPACT G-7 Portions of rail alignment may be susceptible to landslide and slope movement. MITIGATION MEASURE Mitigation Measure G-7: Minimize slope disturbance by performing scaling of loose rock, Not Applicable. Site is flat with minimal slope. and install rock fall netting, soil nails or rock bolts as necessary. Conduct geotechnical evaluations of slope stability, including static and pseudo -static analysis to determine factors of safety and whether mitigation measures such as buttressing, retaining walls slope or rock bolting are appropriate. Implementation of the recommendations for mitigating long-term landslide impacts shall be verified by monitoring of construction activities. Location Along the proposed alignment, several areas have been identified with these conditions includ- ing the slopes immediately adjacent to both portals of Tunnel #3 and #4, which presently exhibit rock falls and shallow slumping. Monitoring / Reporting Action Aqualified geologist will conduct geotechnical evaluations of slope stability priorto construction. Effectiveness Criteria Appropriate stabilizing measures will be incorporated to prevent slope movement. Responsible Agency SMART District Timing Before and during project construction. IMPACT G-8 Proposed new stations south of Windsor and north of the Petaluma River would be susceptible to expansive soils and some new structures would be subject to corrosion. 32 MITIGATION MEASURE Mitigation Measure G-8: The project shall incorporate one of the following three measures to reduce the impact of expansive soils: (1) remove expansive soil and replace with select, non - expansive, engineered fill; (2) lime treatment of expansive soil; or (3) placement of structures on drilled piers or foundation elements founded on deeper, non -expansive bearing strata. Location Corrosive soils, found along tidal flats have a different impact in that they are aggressive only towards steel and concrete. New pilings, bridges and exposed concrete structures would be susceptible to these impacts. Monitoring I Reporting Action During final design a qualified geologist will determine the appropriate measure to be imple- mented in order to reduce the effect of expansive soils. Effectiveness Criteria New structures will be designed and built with appropriate methods to reduce the impact of expansive soils. Responsible Agency SMART District Timing Prior to project construction. Applicable. Site has high to very high plasticity and expansion potential per site specific Geotechnical Investigation performed for Corona Residential. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 33 MITIGATION MEASURE Mitigation Measure G-9: Where corrosive soils are encountered, the project shall incorporate one or more of the following measures, as appropriate: epoxy coating of reinforcing steel, use of Type 5 Portland cement in structural concrete, or soil treatment to neutralize pH in the soil or reduce excessive chloride and sulfate concentrations in the soil Location Corrosive soils, found along tidal flats have a different impact in that they are aggressive only towards steel and concrete. New pilings, bridges and exposed concrete structures would be susceptible to these impacts. Monitoring J Reporting Action During final design a qualified geologist will determine the appropriate measure to be imple- mented in order to reduce the effect of corrosive soils. Effectiveness Criteria New structures will be designed and built with appropriate methods to reduce the impact of corrosive soils. Responsible Agency SMART District Timing Prior to project construction. Water Resources IMPACT WR -1 Project construction could cause a temporary increase in surface erosion, sedimentation and stream alterations due to the use of earthmoving equipment. Applies. Presumes that G-4 above will identify corrosive potential. Corona Residential Geotechnical Investigation performed Corrosivity tests and recommendation additional testing may be needed. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 34 MITIGATION MEASURE Mitigation Measure WR -1a: The proposed project shall comply with the National Pollutant Applies. Site is greater than 1 acre. SMART is Discharge Elimination System (NPDES) permit process which requires project applicants to responsible for implementing this measure; the City file a Notice of Intent (NO]) and prepare and submit a Storm Water Pollution Prevention Plan has no role in its implementation. The City finds that (SWPPP). The SWPPP must contain a detailed mitigation plan for erosion and sediment SMART has adopted this mitigation measure and that control, including plans for implementing BMPs for the control of stormwater runoff, erosion it will mitigate this impact to a level of less than and sedimentation. BMPs include structural treatment controls. Structural treatment controls significant for the Corona Station. are engineered facilities designed for the treatment of storm water runoff. They use infiltration, retention/detention and biofiltering techniques to remove pollutants. Vegetated swales and buffer strips, infiltration systems, bioretention systems, extended detention basins, ponds and constructed wetlands, media filtration systems, and oil/water separators are examples of structural treatment controls for storm water quality. The type of structural Location In construction locations where drainage patterns exists. Monitoring 1 Reporting Action None Effectiveness Criteria Adherence to SWPPP and SUSMP. Responsible Agency SMART District, Regional Water Control Board, City of Santa Rosa, Counties of Sonoma and Marin Timing Prior to and during project construction MITIGATION MEASURE Mitigation Measure WR -1 b: The project shall comply with the requirements for a Streambed Alteration Agreement for those portions of the project that would be completed along the banks of various surface waterbodies. In order for any work to be completed around the various surface waterbodies, Section 401 of the Clean Water Act would be applicable. Section 401 requires any applicant for a federal permit that conducts any activity that may result in a discharge of pollutants to first obtain a Water Quality Certification (WQC) from the State. As a condition of the project, 401 Certifications and Section 404 permits will be obtained. Section 404 of the Clean Water Act establishes programs to regulate the discharge of dredged and fill material in waters of the U.S., including wetlands. Location Around waterbodies subject to Sections 401 and 404 of the federal Clean Water Act. Monitoring 1 Reporting Action None .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Effectiveness Criteria Adherence to performance standards included under a Water Quality Certification obtained from the State of California and a Section 404 permit obtained from the US Army Corps of Engineers. 35 Table 1. SMART Project Mitigation Monitoring Program Responsible Agency _ SMART District, US Army Corps of Engineers ... ....... Timing Prior to project construction. IMPACT WR -5 Placement of new structures or fill material within a designated 100 -year floodplain could increase flooding upstream of the structures. MITIGATION MEASURE Mitigation Measure WR -2: Design structures and other improvements on the site so as not to raise flood levels. Specific designs shall be based on site-specific hydrologic studies conducted during the final design stage of the proposed project. Said studies will be submitted to the State Water Resources Control Board and the two RWQCBs for review. When feasible, construction within the floodplain shall be avoided or minimized. When construction within the floodplain is unavoidable, efforts will be made to restore the floodplain, as necessary, to restore flood capacity. Location Within designated 100 -year floodplains. Monitoring I Reporting Action Site-specific hydrologic studies will be conducted and incorporated into project design. Effectiveness Criteria Site improvements designed to not raise flood levels. Floodplain restoration undertaken in areas where floodplain construction is unavoidable. Responsible Agency SMART District Timing During final engineering design and post -construction. Hazardous Materials IMPACT HM -1 There is the potential for encountering phenol, creosol or ADL during construction. City of Petaluma CEQA Findings as to Corona Station Applicability Applies. Portion of the site overlaps with Zone AE, within the 100 year floodplain. Northwest most corner is not within Zone AE. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 36 MITIGATION MEASURE Mitigation Measure HM -1: Samples of soil shall be submitted for analysis for phenol and creosol compounds if track shoulder re -grading or excavations associated with bridge improvements are undertaken. Sampling of soil will also be based on available historical information and/or previous sampling data sampling and analysis and will be modified to include other potential contaminants such as metals, petroleum hydrocarbons, polychlorinated biphenyls (PCB) and polynuclear aromatic hydrocarbons (PAH) where warranted. Samples of soil are recommended to be submitted for analysis for lead if improvements to the road crossings are required to determine if these compounds are present and have the potential to impact disposal or release to the environment. If phenol and creosol compounds or ADL are present in the soil, then preparation of a Site Mitigation Plan (SMP) will be required to address potential exposure of workers to impacted soil in order to comply with applicable waste handling and disposal regulations (if offsite disposal of soil is necessary). At a minimum, BMPs in the SMP should include provisions for excavation and grading of impacted soil, stockpiling and testing of contaminated soil, dust and odor control measures and health and safety requirements for working with impacted soil. To comply with AB 939 requirements, which dictate guidance for source reduction, recycling and composting, and environmentally safe transformation and land disposal of solid wastes, railroad ties and steel that are replaced during construction of the project will be recycled or re -used as appropriate. Location Track shoulders, bridges and grade crossings where re -grading or excavations would occur. Monitoring / Reporting Action Analyze soil samples from areas where track shoulder re -grading or excavations associated with bridge improvements are undertaken or where improvements to the road crossings are required. If phenol and creosol compounds or ADL are present in the soil, a Site Mitigation Plan (SMP) will be required to address potential exposure of workers to impacted soil in order to comply with applicable waste handling and disposal regulations (if offsite disposal of soil is necessary). At a minimum, BMPs in the SMP should include provisions for excavation and grading of impacted soil, stockpiling and testing of contaminated soil, dust and odor control measures and health and safety requirements for working with impacted soil. Applicable. Site was under clean up oversight regulated by RWQCB. Geotracker accessed May 13, 2020 indicates Cleanup Program Site is closed. This measure thus already has been successfully implemented for this site. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 37 Table 1. SMART Project Mitigation Monitoring Program Effectiveness Criteria Adherence to the SMP and implementation of best management practices (BMPs) identified in the plan. Responsible Agency SMART District Timing Prior to the start of re -grading or excavation activities. IMPACT HM -2 In areas where soil excavation or excavation to shallow or perched groundwater is anticipated, there is a low to moderate potential to encounter contaminated soil and groundwater. MITIGATION MEASURE Mitigation Measure HM -2: Precautions, including sampling of soil and groundwater prior to work activities in the areas where proposed excavations are planned and preparation of a SMP, shall be implemented, where necessary. If naturally occurring asbestos is encountered, the project shall comply with the CARB Asbestos Airborne Toxic Control Measures regulation (17 CCR, Section 93105), which requires local air district review and approval of an asbestos dust mitigation plan. An Asbestos Dust Mitigation Plan must specify dust mitigation practices which are sufficient to ensure that no equipment or operation emits dust that is visible crossing the property line. If contaminated materials are encountered during construction activities, the local Fire Certified Unified Program Agency (CUPA) will be notified immediately. A qualified environmental consultant shall monitor soil and air and dust emissions during construction activities in these locations to identify whether potential hazards exist and whether special handling of soil and groundwater is required. Specially trained workers can be utilized to handle contaminated soil/groundwater and SMP implementation measures (i.e., use of personal protective equipment) can be utilized to mitigate potential exposures to contaminated soil/groundwater and additional releases to the environment. Construction -related impacts of soil excavation and groundwater dewatering in contaminated areas can be mitigated through implementation of BMPs, such as conducting daily health and safety meetings to discuss planned work in areas where contaminated soil/groundwater could be encountered. Mitigation measures to protect the public include limiting access (i.e., fencing and site security) to the railroad corridor during construction activities and implementation of BMP measures to prevent offsite migration of contaminated soil and groundwater. Location Areas where proposed excavations are planned including the following locations: properties with documented releases of petroleum hydrocarbon constituents and solvents to soil and groundwater are present within 1/4 mile of the proposed Healdsburg, Santa Rosa Railroad Square, Santa Rosa Jennings Avenue, Rohnert Park, Petaluma — Corona Road, Downtown Petaluma, and Downtown San Rafael Stations. The proposed Windsor maintenance facility is just west of the former Ecodyne Cooling property, which had a release from a gasoline UST and release of wood treatment chemicals to the soil and groundwater. City of Petaluma CEQA Findings as to Corona Station Applicability Applicable. Site is was under clean up oversight regulated by RWQCB. Geotracker accessed May 13, 2020 indicates Cleanup Program Site is closed. This measure thus already has been successfully implemented for this site. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. KN Monitoring / Reporting Action If contaminated materials are encountered during construction activities, the local Fire Certified Unified Program Agency (CUPA) will be notified immediately. A qualified environmental consultant shall monitor soil and air and dust emissions during construction activities in these locations to identify whether potential hazards exist and whether special handling of soil and groundwater is required. Specially trained workers can be utilized to handle contaminated soil/groundwater and SMP implementation measures (i.e., use of personal protective equipment) can be utilized to mitigate potential exposures to contaminated soil/groundwater and additional releases to theenvironment. Effectiveness Criteria Appropriate handling of contaminated materials by trained workers will limit potential impacts. Responsible Agency SMART District, Bay Area Air Quality Management District, Counties of Sonoma and Marin Timing During project construction, prior to the start of excavation. 39 Table 1. SMART Project Mitigation Monitoring Program IMPACT HM -3 Eleven bridges along the corridor have the potential to contain LBP and/or asbestos. MITIGATION MEASURE Mitigation Measure HM -3: Sampling activities shall be conducted in locations where asbestos containing materials or lead-based paint (LBP) are anticipated to identify whether potential hazards exist and whether special precautions to prevent workers from exposure to LBP or asbestos are necessary during bridge/overcrossing renovation and or/demolition. If friable asbestos materials are identified during bridge inspections, these materials shall be safely removed and properly disposed using procedures established by OSHA and the BAAQMD/NSCAPCD. Bridge workers shall be protected through the use of proper protective equipment. Standard procedures shall be used for capturing LBP during bridge cleaning (e.g., sand blasting) and preventing it from being released into the environment. Proper containment shall be employed for all bridge maintenance activities to prevent LBP from impacting the environment. Location Those bridges that would either be upgraded or replaced as part of the proposed project Monitoring / Reporting Action If friable asbestos materials are identified during bridge inspections, these materials shall be City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. No bridge. MITIGATION MEASURE Mitigation Measure T-1: Mitigation at appropriate locations shall include restriping of existing Not Applicable. LOS is no longer CEQA impact. roadways and traffic control improvements such as signal timing and phasing modifications, where appropriate (see also Mitigation Measure T-2). Location Various locations along the project corridor. Monitoring / Reporting Action Periodic monitoring of local traffic operations where improvements have been made. Effectiveness Criteria With implementation of appropriate mitigation measures, there would be a continuation of existing service levels on local streets. safely removed and properly disposed using procedures established by the Occupational Safety and Health Administration (OSHA) and the Bay Area Air Quality Management District (BAAQMD) / North Sonoma County Air Pollution Control District (NSCAPCD). Bridge workers shall be protected through the use of proper protective equipment. Standard procedures shall be used for capturing LBP during bridge cleaning (e.g., sand blasting) and preventing it from being released into the environment. Proper containment shall be employed for all bridge maintenance activities to prevent LBP from impacting the environment. Effectiveness Criteria Appropriate removal of asbestos by trained workers will limit potential impacts. Responsible Agency SMART District, BAAQMD, NSCAPCD Timing Prior to the start of project construction. Transportation IMPACT T-5 Implementation of the proposed project may lower the service levels on several local streets. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. No bridge. MITIGATION MEASURE Mitigation Measure T-1: Mitigation at appropriate locations shall include restriping of existing Not Applicable. LOS is no longer CEQA impact. roadways and traffic control improvements such as signal timing and phasing modifications, where appropriate (see also Mitigation Measure T-2). Location Various locations along the project corridor. Monitoring / Reporting Action Periodic monitoring of local traffic operations where improvements have been made. Effectiveness Criteria With implementation of appropriate mitigation measures, there would be a continuation of existing service levels on local streets. Responsible Agency SMART District and local jurisdictions Timing Concurrent with project implementation. MITIGATION MEASURE Mitigation Measure T-3 (Hamilton): SMART shall pay its fair share cost of signalizing the Not Applicable to Corona Station. Highway 101 northbound ramp at Nave Drive and the southbound ramp at Alameda del Prado, at such time as signal warrants and/or traffic engineering studies indicate this action would be desirable. Signalization would be subject to Caltrans approval. [MR] Location Near Hamilton station site Monitoring / Reporting Action Conduct signal warrants at identified intersections and monitor local traffic operations where improvements have been identified. When warrants and monitoring determine need for improvements, establish fair share cost for proposed project. Effectiveness Criteria City of Novato determines that SMART has submitted payment for its fair share cost for mitigation measures. With implementation of appropriate mitigation measures, there would be a continuation of acceptable service levels on local streets. Responsible Agency SMART District and local jurisdictions Ek Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability Timing Concurrent with project implementation. MITIGATION MEASURE Mitigation Measure T-5 (Hamilton) SMART shall pay its fair share cost of mitigating impacts Not Applicable to Corona Station. on the intersection of Main Gate Road and Nave Drive. Mitigation would consist of adding a northbound right turn arrow (known as an "overlap phase") to serve northbound right turn traffic (Nave Drive right turn into Main Gate Road); and lengthening the existing northbound right turn lane to a length appropriate to serve the traffic demand. "ER] Location Near Hamilton station site Monitoring I Reporting Action Conduct signal warrants at identified intersections and monitor local traffic operations where improvements have been identified. When warrants and monitoring determine need for improvements, establish fair share cost for proposed project. Effectiveness Criteria City of Novato determines that SMART has submitted payment for its fair share cost for mitigation measures. With implementation of appropriate mitigation measures, there would be a continuation of acceptable service levels on local streets. Responsible Agency SMART District and local jurisdictions Timing Concurrent with project implementation. IMPACT T-8 Traffic operations and level of service would decline at three intersections during the a.m. peak hour and four intersections during the p.m. peak hour near the Downtown San Rafael Station. MITIGATION MEASURE Mitigation Measure T-2: The implementation of the proposed project signaling and Not Applicable. communication system shall include coordination and integration with the adjacent traffic signals to allow for progression of other non -conflicting traffic movements. In addition, a grade crossing protection system shall be provided, which would include a hardware interconnection of the train detection system to the railroad crossing gates to allow the gates to stay up while the train is stopped at the station; the train operator would activate the crossing gates and flashers only when the train is ready to leave the station. Coordination and integration with the adjacent traffic signals in downtown Santa Rosa and Petaluma and the grade crossing protection system would minimize traffic impacts and reduce unnecessary delays and queues to less than significant. Location Along the rail corridor through downtown Santa Rosa, Petaluma and San Rafael. Monitoring I Reporting Action Periodic monitoring of local traffic operations where improvements have been made. Effectiveness Criteria With implementation of an integrated signal system, there would be a continuation of existing service levels on local streets. Responsible Agency SMART District and local jurisdictions 42 Timing Concurrent with project implementation. 43 Table 1. SMART Project Mitigation Monitoring Program Noise and Vibration IMPACT N-1 The proposed project would temporarily cause increased noise levels associated with construction equipment and activities. MITIGATION MEASURE Mitigation Measure N-1: In order to reduce construction noise at nearby receptors, the following noise abatement measures shall be implemented for construction contracts: • When practical, construction operations shall not occur between 7:00 p.m. and 7:00 a.m. or on weekends or holidays in residential areas. • Each internal combustion engine shall be equipped with a muffler of a type recommended by the manufacturer. Other measures to reduce noise levels that may be implemented where appropriate include: • Turning off construction equipment during prolonged periods of non-use. • Requiring contractors to maintain all equipment and train their equipment operators to increase efficiency of operation. • Locating stationary noise -generating equipment away from noise -sensitive receptors such as residences. Location While construction would occur along the entire length of the corridor, at most locations con- struction activities would be minor and of limited duration. Construction noise would be intermittent over the duration of the proposed project, varying with the time of day and stage of construction. Construction noise impacts would depend on the type, amount, location, and duration of construction activities. The construction noise impacts would be limited to the immediate vicinity of these improvements. Monitoring / Reporting Action Noise monitoring during construction would determine which abatement measures should be implemented to achieve the greatest levels of construction noise reduction. Effectiveness Criteria Implementation of appropriate noise abatement measures would reduce construction noise levels. Responsible Agency SMART District's construction contractor would be required to comply with applicable local sound control and noise level rules, regulations and ordinances. Timing During project construction activities. IMPACT N-3 The Windsor Station operations may cause a permanent increase in ambient noise levels in the project vicinity. MITIGATION MEASURE Mitigation Measure N-3: Install a solid barrier at the Windsor Station to separate the park- and-ride lot from residential uses. City of Petaluma CEQA Findings as to Corona Station Applicability Applicable. Noise sensitive receptors exist to the north of the tracks and are approved for development adjacent to the station (Corona Residential). SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Not Applicable to Corona Station. Location Windsor Station Monitoring / Reporting Action None Effectiveness Criteria Further reduction of noise in the vicinity of the park-and-ride lot. Responsible Agency SMART District Timing Prior to initiation of passenger rail service. IMPACT N-4 The proposed maintenance facility would cause a permanent increase in ambient noise levels in the project vicinity. MITIGATION MEASURE Mitigation Measure N-4: Construct a noise barrier or enclosure of the vehicle lay-up area at the Cloverdale Maintenance Facility. Location Cloverdale Maintenance Facility Monitoring / Reporting Action None Effectiveness Criteria Further reduction of noise in the vicinity of the maintenance facility. Responsible Agency SMART District Not Applicable to Corona Station. 45 Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability Timing Prior to initiation of passenger rail service. IMPACT N-5 Train horns would cause a substantial increase in ambient noise levels in the project vicinity. MITIGATION MEASURE Mitigation Measure N-5: Limit the use of train horns and other audible warning devices by Applies and implemented. Petaluma has adopted quiet installing crossing controls that meet Federal Railroad Administration (FRA) requirements and zone ordinance for all existing crossings citywide. The City obtain Quiet Zone designations for crossings along the corridor. Local jurisdictions may apply finds that SMART has adopted this mitigation measure to the FRA for designation as a Quiet Zone, where audible warning devices are not required. and that it will mitigate this impact to a level of less than significant for the Corona Station. Location Grade crossings along the corridor. Monitoring I Reporting Action Submittal of Quiet Zone applications by local jurisdictions; if required, implementation of Wayside Horn Systems. Effectiveness Criteria Implementation of FRA Quiet Zone regulations would reduce impacts from train horns. Responsible Agency SMART District Timing During operation of passenger rail service. Energy IMPACT E-1 Construction and maintenance of the proposed project would require indirect energy consumption. MITIGATION MEASURE Mitigation Measure E-1: Implement energy conservation measures during construction Applies. SMART is responsible for implementing this such as: measure; the City has no role in its implementation. • Using energy efficient measures at rail stations, such as solar panels; The City finds that SMART has adopted this • Reducing idling of trucks delivering construction material; mitigation measure and that it will mitigate this impact to a level of less than significant for the • Consolidating material delivery; and Corona Station. • Scheduling material delivery during off-peak hours, to allow trucks to travel without traffic and at fuel-efficient speeds (45-55 mph). Location At construction locations along the project corridor. Monitoring I Reporting Action Documentation from SMART District and contractor demonstrating compliance. Effectiveness Criteria Reduction in energy consumption during construction. Responsible Agency SMART District Timing During project construction. .N Biological Resources IMPACT BR -1 Project construction would cause damage to sensitive upland vegetation and wildlife habitat within temporary work areas. MITIGATION MEASURE Mitigation Measure 1311-1a: Construction access, staging, storage, and parking areas shall be located on ruderal or developed lands to the extent possible. Vehicle travel adjacent to wetlands and riparian areas shall be limited to existing roads and designated access paths. Sensitive natural communities (i.e., wetlands, waters, riparian zones and oak woodlands) shall be conspicuously marked in the field (including suitable buffer zones) to minimize impacts on these communities, and work activities shall be limited to outside the marked areas. The minimum distances for these buffer zones will be determined for each site during consultation with the appropriate resource agencies. Location Throughout the project corridor. Monitoring I Reporting Action Biological monitors shall be present during project construction. Effectiveness Criteria Construction zones are maintained. Sensitive natural communities are marked, and work activities conducted outside these areas. Responsible Agency SMART District Applies and conforms. Project site is limited to ruderal lands with prior disturbance. No wetlands, waters or riparian or oak woodlands are present onsite. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 47 Table 1. SMART Project Mitigation Monitoring Program Timing Prior to and during project construction. MITIGATION MEASURE Mitigation Measure BR -1b: Qualified biologists shall monitor construction activities that could potentially cause significant impacts on sensitive biological resources. A worker education program shall be developed and presented to all construction personnel before they start work on the proposed project. The program shall summarize relevant laws and regulations that protect biological resources, discuss sensitive habitats and special -status species with the potential to occur in the work zone, explain the role and authority of the biological monitors and review applicable avoidance and minimization measures to protect sensitive species and habitats. Location Throughout the project corridor. Monitoring I Reporting Action Biological monitor will oversee construction activities that could impact sensitive biological resources, and present worker biological education to all workers in the project zone before they start work. Effectiveness Criteria Construction activities with the potential to impact biological resources are monitored, and worker biological education is completed for all workers before starting work in the project zone. Responsible Agency SMART District Timing During project construction. IMPACT BR -2 There could be temporary disturbance of wetlandsMaters of the United States. MITIGATION MEASURE Mitigation Measure BR -1a; and Mitigation Measure BR -2a: In -stream construction shall be confined to the dry or low -flow season of April 15 to October 15. During in -stream construction, dewatered areas and temporary culverts shall be limited to the minimum area necessary. Pumps used for dewatering shall have agency -approved fish screens installed to minimize intake of fish into pumps. Diversion structures shall be left in place until all in -stream work is completed. Temporary culverts and all construction materials and debris shall be removed from the affected area prior to reestablishing flow and prior to the rainy season. Location In and adjacent to all wetlands and watercourses in the project corridor, which are mapped and included in the Wetlands Report. Monitoring I Reporting Action Biological monitor ensures that in -stream seasonal and construction restrictions are followed and agency -approved fish screens are utilized on dewatering pumps. Effectiveness Criteria Seasonal and other restrictions on in -stream construction will be followed, agency -approved fish screens utilized, and construction materials removed prior to the rainy season. Responsible Agency SMART District City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable to Corona Station. There are no sensitive biological resources that will be affected. BR -2a: Not Applicable to Corona Station. There is no in -stream construction required. Timing During project construction and post -construction. MITIGATION MEASURE Mitigation Measure BR -2b: A qualified biological monitor shall be present during critical construction periods (e.g., grubbing and clearing, culvert installation, pouring concrete) in all streams and wetland areas. If a listed or protected species is encountered, work shall be stopped immediately at that location, the appropriate agency or agencies US Fish & Wildlife Service (USFWS), National Oceanic Atmosphere Administration (NOAA), Fisheries and/or California Department of Fish & Game (CDFG) shall be notified, and work shall not resume at that location prior to the agencies' approval, or as agreed to in prior consultation with the agencies. Location In and adjacent to all wetlands and watercourses in the project corridor, which are mapped and included in the Wetlands Report. Monitoring I Reporting Action Biological monitor is present during critical construction periods, and is responsible forstopping work in the event a protected species is encountered, and notifying the appropriate agency for consultation on how to proceed. Biologists prepare daily monitoring logs and periodic reports, which are submitted to SMART. Effectiveness Criteria Critical construction activities are monitored, and the appropriate agency is consulted whenever a listed species is encountered. Not Applicable to Corona Station. There are no streams or wetlands that will be affected. Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability Responsible Agency SMART District, USFWS, NOAA Fisheries, CDFG Timing During project construction. MITIGATION MEASURE Mitigation Measure BR -2c: Upon completion of the proposed project, all temporarily disturbed Not Applicable to Corona Station. There are no streams natural areas, including stream banks, shall be returned to original contours to the extent or wetlands that will be affected. feasible. Affected wetlands, stream banks or stream channels shall be stabilized prior to the rainy season and/or prior to reestablishing flow. For wetland areas, the top six inches of native topsoil should be stockpiled and replaced following work. Wetland and riparian vegetation shall be reestablished asappropriate. Location Throughout the project corridor Monitoring I Reporting Action None Effectiveness Criteria All disturbed natural areas will be returned to pre -construction state to the extent feasible. Responsible Agency SMART District, CDFG Timing Post -construction. IMPACT BR -3 There could be disturbance of nesting birds due to construction activities. MITIGATION MEASURE Mitigation Measure BR -3a: To the extent feasible, trees and shrubs in the construction zones shall be trimmed or removed between September 1 and January 31 to reduce potential impacts on nesting birds. If vegetation must be removed during the period from February 1 to August 31, a qualified wildlife biologist shall conduct pre -construction surveys for nesting birds. If an active nest is found, the bird shall be identified to species and the approximate distance from the closest work site to the nest estimated. No additional measures need be implemented if active nests are more than the following distances from the nearest work site: (a) 300 feet for raptors; or (b) 75 feet for other non -special -status bird species (for California clapper rail and California black rail see Mitigation Measure BR -12). If active nests are closer than those distances to the nearest work site and there is the potential for destruction of a nest or substantial disturbance to nesting birds due to construction activities, a plan to monitor nesting birds during construction shall be prepared and submitted to the USFWS and CDFG for review and approval. Disturbance of active nests shall be avoided to the extent possible until it is determined that nesting is complete and the young havefledged. Location Throughout the project corridor. Monitoring / Reporting Action Pre -construction survey reports shall be prepared and submitted to SMART. Locations of active nests shall be recorded. If bird nests are found within an applicable radius of the work site, the nest shall be monitored and disturbance avoided to the extent possible. Effectiveness Criteria To the extent feasible, vegetation removal is scheduled during the non -nesting season. Exclusion zones are established on active nests during the nesting season. Applies. Corona Residential identified preconstruction survey for nesting birds pursuant to MBTA. However, with respect to the Corona Station itself, SMART has adopted this measure and will be responsible for implementation of this measure and the City will have no further role in it. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 50 Responsible Agency SMART District Timing Prior to and during project construction. MITIGATION MEASURE Mitigation Measure BR -3b: If construction is likely to occur during the nesting season of cliff Not Applicable There are no bridges associated with swallows (March 1 to July 31), bridges shall be periodically inspected for swallow nests by a Corona Station. qualified biologist prior to the onset of bridge demolition and/or new bridge construction. Nests shall be knocked down by a biologist prior to being one-third completed. Inspection of the bridges shall start in late February. Alternative methods to prevent cliff swallow nesting on the bridge may be used with prior approval by the CDFG. Location All bridges along the project corridor. Monitoring / Reporting Action Surveys, nest removal and inspection of removed nests are reported to CDFG. Effectiveness Criteria No swallow nests are located on bridges scheduled for demolition or new construction. Responsible Agency SMART District, CDFG Timing Prior to and during project construction. Ri Table 1. SMART Project Mitigation Monitoring Program IMPACT BR -4 The proposed project could result in the introduction or spread of noxious weeds in the project corridor. MITIGATION MEASURE Mitigation Measure BR -4: During construction activities, the following measures shall be implemented to the extent feasible to reduce the spread of exotic (non-native) invasive plants in temporary work areas and throughout the project corridor: • Minimize vehicle travel through weed -infested areas. • Minimize soil disturbance and the removal of existing vegetation (non-native [FEIR uses the word exotic rather than non-native] or native) to the extent feasible during construction activities. Location • Use only certified weed -free straw and mulch or weed -free fiber roll barriers or sediment logs. • Use only certified weed -free native seed mixes and native plants that are appropriate to the pre-existing or adjacent natural habitat for revegetation. [Not applicable to the Downtown Novato station site or other urban sites where there is no existing natural habitat] • Monitor all erosion -control and revegetation sites for weed infestations at least twice yearly during the growing season, for at least three years after construction. • At sites where restoration is required, remove pre-existing invasive species, such as Arundo donax, that are growing in the right-of-way. Throughout the project corridor. Monitoring / Reporting Action Erosion control and revegetation sites will be monitored for weed infestations during and following construction by the qualified biologist. Erosion control and revegetation sites are monitored for weeds for three years following construction. Effectiveness Criteria Introduction and spread of weed infestation is minimized. Responsible Agency SMART District Timing During project construction and for three years following construction. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable to Corona Station. The site is highly disturbed with past industrial uses. 52 Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability IMPACT BR -5 The proposed project would result in the loss or alteration of wetlands1waters of the United States. MITIGATION MEASURE Mitigation Measure BR -5a: To replace impacted wetlands, a habitat restoration plan shall be Not Applicable to Corona Station. There are no developed and implemented to enhance wetland and riparian habitats in undeveloped wetlands that will be affected. portions of the right-of-way. Habitat shall be restored or replaced at a minimum 1:1 ratio of acres of these habitats permanently impacted. The ratio of 1:1 would be appropriate for mitigating relocation of a seasonal ditch, where the new ditch would be constructed on-site and parallel to the existing ditch. Many of these ditches provide minimal function, and there would be minimal temporal loss if the replacement ditch is constructed first. Replacement ratios of 3:1 would be appropriate for off-site mitigation of fill of high-quality wetlands such as vernal pools or coastal salt marsh. Restoration efforts shall focus on areas where current conditions are degraded due to erosion, unstable slopes or abundance of invasive exotic plant species. Elements of the plan could include slope stabilization, control of invasive weeds, and reestablishment of appropriate native vegetation. Performance standards that are accepted by the resource agencies for site revegetation shall be specified in the plan. These standards could include a minimum 80 percent success rate of plants reestablished or acres restored. The restored areas shall be monitored for a minimum of three years and remedial measures taken, such as replanting vegetation or enhancing additional areas, if the performance standards are not met. Preliminary reviews of the SMART project corridor have identified 12 sites, covering 3.2 acres, where conditions appear to be suitable for vernal pool restoration and/or enhancement. These sites are located between MP 51- MP 63. They are dominated with herbaceous vegetation, underlain with poorly draining soils, adjacent to compatible land uses, and within 6 miles of the pools that would be affected. At these sites, individual site prescriptions would be developed based on specific soil and hydrologic conditions. Further investigations would confirm underlying soils, map local hydrology and identify potential watershed areas. These data would then be used to first prioritize all of the sites for enhancement or pool creation, and then develop site specific prescriptions on the highest ranking sites up to the area required to mitigate vernal pool impacts associated with the project. Site-specific prescriptions would quantify and delineate grading and landshaping requirements to recreate or enhance ponded conditions. Grading would follow the site prescriptions and take place during the dry season. The pools would then be inoculated with material from the pools that would be filled during project construction, but before the raining season. Annual vegetation monitoring would take place for at least three years until the mitigation sites achieve adequate cover with species typical of vernal pools. Location Wetlands and riparian habitat along the project corridor. 53 Monitoring / Reporting Action Development of a habitat restoration plan to replace impacted wetlands and riparian habitat along the project corridor. Annual survey to monitor success rate of re-established plants. Vegetation monitoring of created vernal pools would take place on an annual basis until the mitigation sites achieve 65 percent cover with species typical of vernal pools. Monitoring would take place for a minimum of three years. Effectiveness Criteria The habitat restoration plan restores or replaces habitat at a minimum 1:1 ratio; a 3:1 ratio will be used for high-quality wetlands. Performance standards that are accepted by the resource agencies for site revegetation shall be specified in the plan. These standards could include a minimum 65 percent success rate of plants re-established or acres restored. Responsible Agency SMART District, resource agencies Timing Minimum of three years monitoring of restored areas post -construction. Remedial measures, such as replanting vegetation or enhancing additional areas, taken if the performance standards are not met. 54 Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability MITIGATION MEASURE Mitigation Measure BR -5b: In the event that habitat restoration and enhancement within the Not Applicable. There are no wetlands. right-of-way is insufficient to compensate for all wetland losses resulting from the proposed project, SMART shall provide additional, off-site compensation as needed to achieve a minimum 1:1 replacement ratio for affected wetland areas. Location Wetlands and riparian habitat along the project corridor. Monitoring / Reporting Action Compensation shall be documented in ACOE permit conditions. Effectiveness Criteria None Responsible Agency SMART District, US Army Corps of Engineers Timing Post -construction. MITIGATION MEASURE MM BR -17 (Hamilton): Design the Hamilton Station to avoid on-site wetlands. "EIN Location Wetlands at the Hamilton station site Monitoring / Reporting Action Development of a site plan that avoids identified wetland areas Effectiveness Criteria Site visits by qualified wetlands biologist will confirm that the site plan will avoid onsite wetlands. Responsible Agency SMART District, resource agencies Timing Final engineering/site design phase. MITIGATION MEASURE Mitigation Measure BR -19: Relocate project components to avoid wetland areas to the Not Applicable. There are no wetlands. extent feasible. Before construction begins, the site plan shall be revised in order to relocate project components (including the secondary access to the maintenance facility site, the multi -use pathway, and parking lots) so that potential wetland impacts are avoided to the extent feasible. Clw t N01 Location Wetlands on the Todd Road OMF site. Monitoring / Reporting Action Site plan and documented efforts to avoid wetland impacts to be submitted to SMART District prior to final design. Effectiveness Criteria Site plan avoids wetland impacts to the extent feasible. Responsible Agency SMART District Timing Prior to final design. IMPACT BR -6 The proposed project would result in the loss or alteration of vernal pools. MITIGATION MEASURE Implementation of a habitat restoration plan or off-site compensation for vernal pools, pursuant Not Applicable. There are no vernal pools. to the provisions of Mitigation Measure BR -5a and BR -5b would reduce this impact to aless than significant level. 55 IMPACT BR -7 MITIGATION MEASURE The proposed project would result in the loss or alteration of riparian vegetation. Impacts to riparian vegetation are minimized under environmental compliance measures, including conditions of CDFG Streambed Alteration Agreements. Measures BR -2c and BR -5a would further reduce this impact to a less -than -significant level. Not Applicable. There is no riparian vegetation. Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability IMPACT BR -8 The proposed project would result in the loss of oak woodlands and removal of individual protected trees. MITIGATION MEASURE Mitigation Measure BR -6: This measure addresses impacts on both individual trees and oak Not Applicable. There are no oak woodlands or woodland habitat. A qualified arborist shall conduct a tree survey within the project corridor, individual protected trees. prior to ground -disturbing activities, to identify trees that would be removed or potentially affected by the proposed project and trees that can be avoided. Where it is feasible to avoid protected trees, keep vehicles and mechanical equipment outside the dripline of these trees. In areas where oaks or other protected trees cannot be avoided, replace trees removed with the same native tree species at a minimum 3:1 ratio, or as required by applicable ordinance(s). SMART shall conduct monitoring for ten years following planting to verify that trees have successfully reestablished. Prior to construction, an oak woodland restoration plan shall be developed and provided to CDFG for concurrence. The plan shall include the total acreage of temporary and permanent impacts to all oak woodland habitat. Areas shall be mapped using aerial photographs and provided to CDFG for concurrence. All temporary and permanently disturbed areas shall be mitigated at a 1:1 ratio for creation and preservation of new oak woodlands or a 3:1 ratio for preservation of existing habitat. To ensure a successful creation effort, all mitigation plantings shall be monitored and maintained (including irrigation as necessary) for ten years. At the end of the ten-year monitoring program, the canopy cover shall equal or exceed percent cover mapped at the disturbed sites. If the cover requirements are not meeting these goals, SMART is responsible for replacement planting, additional watering, weeding, invasive exotic eradication, or any other practice, to achieve these requirements. All replacement plants shall be monitored with the same requirements for ten years after planting. An annual status report on the mitigation shall be provided to CDFG by December 31 of each year for the first 5 years and a final report at year ten. This report shall include the percent cover of each species (relative abundance) and average height of both tree and shrub species for each separate area planted. The number of each species of plants installed, an overview of the revegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. Sites should be maintained in perpetuity and managed under an approved management plan. Location Throughout the project corridor, notably between Windsor and Santa Rosa 57 Monitoring / Reporting Action Prior to ground disturbance, a tree survey report shall be prepared to document pre -disturbance conditions. Planted trees shall be monitored annually for 10 years. An annual status report on the mitiga- tion shall be provided to CDFG by December 31 of each year for the first 5 years and a final report at year ten. This report shall include the percent cover of each species (relative abundance) and average height of both tree and shrub species for each separate area planted. The number of each species of plants installed, an overview of the revegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. Effectiveness Criteria After 10 years, the canopy cover shall equal or exceed percent cover mapped at the disturbed sites. Responsible Agency SMART District, CDFG Timing Prior to project construction and for 10 years following construction. Table 1. SMART Project Mitigation Monitoring Program IMPACT BR -9 The proposed project could result in the obstruction or alteration of wildlife corridors. MITIGATION MEASURE Mitigation Measure BR -7: In non -urban areas of the corridor that are not directly adjacent to Highway 101 and where a safety structure or wall is proposed to be installed between the proposed bicycle/pedestrian pathway and railway, intermittent gaps shall be placed along the barrier to allow passage of wildlife. These gaps shall be at least three feet wide, extending from ground level to the top of the structure, and be spaced no farther apart than every quarter -mile where feasible within existing or potential wildlife movement corridors along the right-of-way. In addition to gaps, wildlife tunnels shall be installed at appropriate locations to facilitate the movement of animals across the safety structure. Gaps and tunnels shall be located in the following areas: • Rural lands between Cloverdale and northern Santa Rosa where the right-of-way is at least 0.25 mile from Highway 101; and • Between Main Gate Road (MP 23.6) and Smith Ranch Road (MP 21.0) in Marin County. Gaps shall also be placed on both sides of bridge crossings of Mark West Creek and other major non -urban stream corridors to enable wildlife passage through these areas. Gaps shall not be located in or adjacent to urban or residential areas. To facilitate movement of amphibians and other small wildlife across the safety structure, its design shall include openings at the bottom that are approximately 2 inches in diameter. Location Rural lands between Cloverdale and northern Santa Rosa where the right-of-way is at least 0.25 mile from Highway 101; and between Main Gate Road (MP 23.6) and Smith Ranch Road (MP 21.0) in Marin County. Also on both sides of bridge crossings of Mark West Creek and other major non -urban stream corridors. Monitoring / Reporting Action None Effectiveness Criteria Gaps for wildlife passage are located no farther than one quarter -mile apart in wildlife habitat areas, and tunnels placed in specified rural areas. Responsible Agency SMART District Timing During final engineering design. IMPACT BR -10 The proposed project could result in the loss of individuals or habitat of special -status plant species. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. Station is in urbanized area surrounded by residential development. 59 MITIGATION MEASURE Mitigation Measure BR -8a: Within three years prior to project construction activities that could affect vernal pool habitats in the Santa Rosa Plain, conduct the botanical survey protocol for federally endangered plant species in the Santa Rosa Plain. The protocol would require two years of botanical surveys, three times over the impact area each year, to determine possible impacts on Sonoma sunshine, Burke's goldfields, Sebastopol meadowfoam and many -flowered navarretia. For other sensitive plant species, plant surveys shall be conducted as needed to supplement those conducted in 2003 and pursuant to established agency protocols. Prior to construction, botanical survey results shall be provided to CDFG and USFWS for concurrence. Location Vernal pool habitats in the Santa Rosa Plain, specifically south of the Windsor between Shiloh Road and Aviation Boulevard (MP 60.7), and north of Santa Rosa between Fulton Road and the intersection of the Barnes Road and Dennis Lane (MP57.6-57.9). All areas where sensitive plant habitat exists. Monitoring I Reporting Action Pre -construction botanical survey results to identify and map locations of special -status plant species shall be provided to CDFG and USFWS. Effectiveness Criteria None Responsible Agency SMART District Timing Within three years prior to project construction. Not Applicable. Station site is highly disturbed with former industrial activities. Lacks suitable habitat for special status plant species. Table 1. SMART Project Mitigation Monitoring Program MITIGATION MEASURE Mitigation Measure BR -8b: In the event that populations or individuals of sensitive plant City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. Station site is highly disturbed with former industrial activities. Lacks suitable habitat for special status plant species. Not Applicable. Station site is highly disturbed with former industrial activities. Lacks habitat. a species are found in the project corridor, the following measures shall be implemented: • Sensitive plant species that are found within the right-of-way but not where construction would occur shall be protected by installing temporary plastic fencing outside the population perimeter with "Sensitive Habitat Area" signs posted on the outside of the fence. Monitoring shall occur during and following construction to insure compliance with plant protection. • To the extent feasible, sensitive plant locations shall be avoided during final project design. Where it is not feasible to avoid sensitive plant locations within the project corridor and the affected species is a non -listed annual that is sensitive pursuant to CEQA, seed collection and transplanting is proposed in suitable areas of the right-of-way outside of proposed construction. • If an affected sensitive plant is a non -listed perennial, native plant nursery propagation is proposed as well as right-of-way planting outside of construction areas. All planting sites would be chosen for their suitability for the species being planted at that site. • All sensitive plant restoration and planting sites shall be protected as described in bullet point one above and monitored for five years. • Potential impacts on state- or federally listed species would necessitate consultation with the CDFG and/or USFWS and mitigation meeting the resource agency requirements. This could include off-site mitigation and mitigation bank investments, similar to those that have been established in the Santa Rosa Plain. Any retention areas would be held and managed in perpetuity under agency -approved management plans. Location Throughout project corridor, especially in vernal pool habitats. Monitoring / Reporting Action Plant survey results shall be reported to CDFG and USFWS. Qualified biologists shall monitor exclusion fencing to ensure its effectiveness during construction. All sensitive plant restoration and planting sites shall be monitored for five years. Effectiveness Criteria Protective fencing is maintained for the duration of construction. 80% survival of plants in restoration sites. Responsible Agency SMART District, CDFG, USFWS Timing During project construction and for five years following construction. IMPACT BR -11 The proposed project could result in the loss of individuals or habitat of Cali- fornia linderiella. MITIGATION MEASURE Implementation of Mitigation Measures BR -2c, and BR -5a would apply to this species and would reduce the impact to less than significant. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. Station site is highly disturbed with former industrial activities. Lacks suitable habitat for special status plant species. Not Applicable. Station site is highly disturbed with former industrial activities. Lacks habitat. a IMPACT BR -12 The proposed project could result in the loss or disturbance of individuals of Central California Coast coho salmon, California Coastal chinook salmon and Central California Coast steelhead. MITIGATION MEASURE Implement Mitigation Measures BR -1a, BR -1b, BR -2a, BR -2b, BR -2c. Mitigation Measure BR -9a: For work in stream zones (DEIR Table 3.9-5) that harbor federal or state -listed salmonid fish, SMART shall consult with NOAA Fisheries and CDFG and Implement protection measures specified in consultation with those agencies. Location The following streams along the project corridor: Porterfield Creek, Icaria Creek, Unnamed Creek, Peterson Creek, Foss Creek, Russian River, Mark West Creek, Santa Rosa Creek, Copeland Creek, Lichau Creek, Willow Brook, Petaluma River, Novato Creek, and Miller Creek. Monitoring I Reporting Action SMART biologist will consult with NOAH Fisheries and CDFG to implement protection mea- sures for streams containing salmonid fish. Effectiveness Criteria Protection measures for salmonids will be implemented in consultation with appropriate agencies. Responsible Agency SMART District, NOAA Fisheries, CDFG Timing Prior to and during project construction. Not Applicable. Station site does not overlap with stream. 62 Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability MITIGATION MEASURE Mitigation Measure BR -9b: In streams that harbor state- or federally listed salmonid fish species, in -stream work shall not start before July 1 and shall be completed by October 15, unless otherwise approved by appropriate agencies. Location The following streams along the project corridor: Porterfield Creek, Icaria Creek, Unnamed Not Applicable. No in stream work is required. Creek, Peterson Creek, Foss Creek, Russian River, Mark West Creek, Santa Rosa Creek, Copeland Creek, Lichau Creek, Willow Brook, Petaluma River, Novato Creek, and Miller Creek. Monitoring I Reporting Action Qualified biologists shall monitor construction activities in or near streams. Effectiveness Criteria In -stream work in streams containing salmonid fish will take place only between July 1 and October 15. Responsible Agency SMART District, NOAA Fisheries, CDFG Timing During project construction. IMPACT BR -13 The proposed project could result in the loss or disturbance of individuals of Pacific lamprey, Russian River tule perch, and Sacramento splittail. MITIGATION MEASURE Implementation of Mitigation Measures BR -2a, BR -2b and BR -2c to protect stream habitats Not Applicable. Station site does not overlap with stream. would reduce this impact to a less than significant level. IMPACT BR -14 The proposed project could result in the loss or disturbance of individuals or habitat of the California tiger salamander. 63 MITIGATION MEASURE Mitigation Measure BR -10a: For areas where construction would occur within the range of Not Applicable. Station site does contain suitable CTS the California tiger salamander in Sonoma County (i.e., non -urban areas between Windsor breeding or estivation habitat. and Penngrove), SMART will comply with the Santa Rosa Plain Conservation Strategy and shall consult with the USFWS and CDFG to obtain authorization for activities that could affect this species and implement all applicable protection measures specified through this consultation. Protection measures shall be focused on locations where California tiger salamander habitats have been identified within and adjacent to the right-of-way and where California tiger salamander could potentially be affected as determined in consultation with the USFWS. Protection measures could include, but would not be limited to, the following: • Where impacts on potential CTS breeding habitats can be avoided, establish site-specific exclusion zones to protect these areas. Install temporary plastic fencing around the exclusion areas with "Sensitive Habitat Area" signs posted and clearly visible on the outside of the fence. • Where it is not feasible to avoid work within or adjacent to potential CTS breeding sites, limit work in these areas to the period from June 1 to October 14 or when the ponds are dry. • From October 15 to May 31 within potential CTS dispersal habitat, minimize operation of proposed project vehicles and equipment at night off pavement during rain events and within 24 hours following rain events, and check under vehicles parked overnight off pavement before moving them. Location CTS habitat on the Santa Rosa Plain between Windsor and Penngrove. Monitoring I Reporting Action A Biological Assessment shall be submitted to USFWS, which will document compliance with Santa Rosa Plan Conservation Strategy for construction activities within CTS range. Effectiveness Criteria CTS protection measures are consistent with the Santa Rosa Plan Conservation Strategy. Responsible Agency SMART District Timing Prior to project construction. MITIGATION MEASURE Mitigation Measure BR -10b: If permanent loss of occupied or potential CTS breeding habitat Not Applicable. Station site does contain suitable CTS cannot be avoided, compensation shall be provided through protection and enhancement of breeding or estivation habitat. CTS habitat within the right-of-way, purchase of off-site mitigation credits, and/or contribution to regional conservation and recovery efforts for the species as determined in consultation with the USFWS and CDFG. Location CTS habitat on the Santa Rosa Plain between Windsor and Penngrove. Monitoring I Reporting Action Compensation shall be documented in agreements with USFWS and CDFG. Effectiveness Criteria CTS habitat is enhanced within the right-of-way. Off-site mitigation credits are purchased. Monetary contributions are made to regional species recovery efforts. Responsible Agency SMART District, USFWS, CDFG Timing Post -construction. M Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability MITIGATION MEASURE Mitigation Measure BR -18: Implement construction -related avoidance and minimization Not Applicable. Station site does contain suitable CTS measures for California tiger salamander (CTS) from the Programmatic Biological breeding or estivation habitat. Opinion issued to projects permitted by the U.S. Army Corps of Engineers. The following would apply during construction in CTS breeding or upland habitat areas, unless waived by the USFWS: • CTS at onsite breeding sites (if any) shall be translocated to appropriate breeding sites identified by USFWS and CDFG prior to construction. • Upland CTS habitat that may be impacted shall be fenced prior to construction to exclude CTS from entering the project site. Fences with ramps to allow CTS onsite to move to adja- cent habitat offsite and translocation may be required. • A USFWS-approved biological monitor shall be onsite during initial site grading where CTS have been found. • The biological monitor shall conduct a training session for all construction workers before work is started on the project. • Before the start of work each day, the biological monitor shall check for animals under any equipment such as vehicles and stored pipes. The biological monitor shall check all exca- vated steep -walled holes or trenches greater than one foot deep for any CTS. Any CTS that are discovered shall be translocated. • Access routes, number and size of staging areas, and work areas, shall be limited to the minimum necessary to achieve project goals. Routes and boundaries of the roadwork shall be clearly marked prior to initiating construction/grading. • All foods and food -related trash items shall be enclosed in sealed trash containers atthe end of each day, and removed from the site every three days. • No pets shall be allowed on the projectsite. • No more than a maximum speed limit of 15 mph shall be permitted. • All equipment shall be maintained such that there shall be no leaks of automotive fluids such as gasoline, oils, orsolvents. • Hazardous materials such as fuels, oils, solvents, etc., shall be stored in sealable con- tainers in a designated location that is at least 200 feet from aquatic habitats. All fueling and maintenance of vehicles and other equipment and staging areas will occur at least 200 feet from any aquatic habitat. • Grading and clearing shall be conducted between April 15 and October 15 depending on the level of rainfall and/or site conditions. • Project areas temporarily disturbed b construction activities shall be re -vegetated with locally -occurring native plants. (Il'ji Location CTS habitat on the Todd Road OMF site. 65 Monitoring / Reporting Action A Biological Assessment shall be submitted to USFWS, which will document compliance with Santa Rosa Plan Conservation Strategy for construction activities within CTS range. Effectiveness Criteria CTS protection measures are consistent with the Santa Rosa Plan Conservation Strategy and incorporated into construction plans. Responsible Agency SMART District Timing Prior to and during project construction. 99 Table 1. SMART Project Mitigation Monitoring Program IMPACT BR -15 The proposed project could result in the loss or disturbance of individuals or habitat of the northwestern pond turtle (NWPT). MITIGATION MEASURE Mitigation Measure BR -11: A qualified biologist shall conduct a pre -construction survey for NWPT no more than 14 days prior to construction in suitable aquatic habitats within the project corridor, including stream crossings, drainage ditches, and culverts. A combination of visual and trapping surveys may be performed with authorization from the CDFG. If this species is found near any proposed construction areas, impacts on individuals and their habitat shall be avoided to the extent feasible. If occupied habitat can be avoided, an exclusion zone shall be established around the habitat and temporary plastic fencing shall be installed around the buffer area with "Sensitive Habitat Area" signs posted and clearly visible on the outside of the fence. If avoidance is not possible and the species is determined to be present in work areas, the biologist with approval from CDFG may capture turtles prior to construction activities and relocate them to nearby, suitable habitat out of harm's way (e.g., upstream or downstream from the work area). Exclusion fencing should then be installed if feasible to prevent turtles from re-entering the work area. For the duration of work in these areas the biologist should conduct monthly follow-up visits to monitoreffectiveness. Location Riparian zones, wetlands, and culverts along the project corridor, including known locations in Healdsburg (MP 69.6) and Miller Creek (MP 22.1). Monitoring / Reporting Action Pre -construction NWPT surveys under agency authorization, and possible relocation of turtles in harm's way. Monthly monitoring of exclusion fencing areas, if installed. Effectiveness Criteria Biological surveys are conducted prior to construction. If NWPT is found, work exclusion zones are established, or the individuals are relocated and the area monitored to prevent re-entry. Responsible Agency SMART District, CDFG Timing Prior to and during project construction. IMPACT BR -16 The proposed project could result in the loss or disturbance of individuals or habitats of the salt -marsh harvest mouse (SMHM), California clapper rail and California black rail. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. Station site does contain suitable habitat for pond turtles. 67 MITIGATION MEASURE Mitigation Measure BR -12: For areas where the construction activities would occur within or adjacent to salt marsh or brackish marsh habitats, consult with the USFWS and CDFG to determine locations where salt -marsh harvest mouse, California clapper rail and California black rail could potentially be affected by the proposed project. All applicable protection measures specified through consultation with these agencies would be implemented during project construction. Protection measures could include, but would not be limited to, the following: • A qualified biological monitor shall be present during all work activities in or adjacent to salt marsh and brackish marsh habitats between Petaluma and Novato. • In areas where one or more of these species is determined to be potentially affected, work activities shall be confined to the existing railroad grade to the extent feasible. Staging, access and parking areas shall be located outside of salt marsh and brackish marsh habitats. • Avoidance measures for SMHM could include installation of temporary exclusion barriers to prevent SMHM from entering work areas during construction. For California clapper rail and California black rail, protection measures could include avoiding work activities during the nesting season (March 1 to July 31) within 300 feet of areas identified as suitable nesting habitat for these species. • If any of these species is detected during work activities, work shall be stopped immediately at that location and the USFWS and/or CDFG shall be contacted within two working days. Work shall not resume at that location until authorization is obtained from the USFWS and CDFG (for the SMHM and California clapper rail) or from the CDFG (for the California black rail), unless prior approval has been granted by these agencies. Not Applicable. Station site does contain habitats that would support these species. Table 1. SMART Project Mitigation Monitoring Program Location Salt marsh or brackish marsh habitats. For SMHM, salt marshes south of Petaluma and east to Port Sonoma, and grasslands adjacent to these marshes; it has been seen on the east bank of the Petaluma River and in the Petaluma Marsh near the right-of-way, between Novato and Petaluma. For CBR, in the right-of-way between San Rafael and Port Sonoma. For CCR, particularly along the Bay margin and in Petaluma Marsh; it has been seen along Corte Madera Creek, and also near the mouth of San Rafael Creek, and in the tidal marshes of Novato Creek, both 0.5 mile from the Ignacio -Port Sonoma segment. Monitoring / Reporting Action A Biological Assessment shall be prepared and submitted to USFWS. Biological monitors shall submit daily monitoring logs and periodic compliance reports to SMART. Effectiveness Criteria Habitat for salt marsh harvest mouse, California clapper rail, and California black rail is iden- tified, and appropriate protection measures implemented during construction, in consultation with resource agencies. Responsible Agency SMART District, CDFG, USFWS Timing Prior to and during project construction. IMPACT BR -17 The proposed project could result in disturbance or injury to special -status bats. MITIGATION MEASURE Mitigation Measure BR -13: A qualified biologist shall conduct a pre -construction survey for bats at bridges that have sufficient thermal cover for bat roosting, abandoned buildings and old structures prior to demolition or construction at these sites. Bats should be determined to be absent or flushed from roost locations prior to demolition of buildings. If flushing of bats from buildings is necessary, it shall be done by the biologist during the non -breeding season from October 1 to March 31. When flushing bats, structures shall be moved carefully to avoid harming individuals, and torpid bats given time to completely arouse and fly away. During the maternity season from April 1 to September 30, prior to building demolition or construction, a qualified biologist shall determine if a bat nursery is present at any sites identified as potentially housing bats. If an active nursery is present, disturbance of bats shall be avoided until the biologist determines that breeding is complete and young are reared. Location Bridges, abandoned buildings, or old structures along project corridor; potential bat habitat has been identified in buildings at the Cotati, Santa Rosa—Jennings Avenue, and Healdsburg station sites. Monitoring 1 Reporting Action A biologist will survey potential bat roosting habitat prior to construction and flush bats, if pre- sent, between October 1 and March 31 (outside of breeding season). Between April 1 and September 30, pre -construction bat nursery surveys will be conducted and disturbance of bat nurseries will be avoided until young are reared. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. Station site does not contain bridges, buildings, or other old structures that would support bat species. Effectiveness Criteria Pre -construction bat surveys are conducted. Outside breeding season, bats are carefully flushed from structure; during breeding season, nurseries are monitored and disturbance avoided until young are reared. Responsible Agency SMART District Timing Prior to project construction. IMPACT BR -18 The proposed project could result in train collisions with wildlife. MITIGATION MEASURE Mitigation Measure BR -14: A qualified biologist shall conduct monitoring surveys to assess wildlife collision impacts along the entire corridor at least two times a year, once during spring and once during fall, for the first three years of train operation. The results shall be reported to the CDFG and, if federally listed or migratory bird species are affected, to the USFWS. If the CDFG or USFWS determines that collision impacts are excessive or adverse effects on federal- or state -protected species (including listed species, migratory birds and raptors) are occurring, remedial measures (e.g., redesign of structures and gaps) shall be developed and implemented in consultation with these agencies. Location Throughout the project corridor. Not Applicable to Station. 70 Table 1. SMART Project Mitigation Monitoring Program Monitoring / Reporting Action Biological monitor will survey the project corridor twice annually for three years to assess wildlife City of Petaluma CEQA Findings as to Corona Station Applicability Timing Prior to and during project construction. MITIGATION MEASURE Mitigation Measure BR -15b: For all herbicide applications during right-of-way maintenance, Applicable. SMART is responsible for implementing this herbicides shall be used only according to label directions, applications shall be confined to measure; the City has no role in its implementation. The within the right-of-way and appropriate BMPs shall be followed to prevent uncontrolled release City finds that SMART has adopted this mitigation of chemicals. Only aquatic -approved herbicides shall be used for vegetation control adjacent measure and that it will mitigate this impact to a level of to open water and wetland habitats. less than significant for the Corona Station. Location Throughout the project corridor. Monitoring 1 Reporting Action Pesticide applications are reported to Sonoma and Marin Counties' agricultural commissioners. Effectiveness Criteria Herbicides shall be used according to directions, use shall be confined to the right-of-way, BMPs shall be followed and only aquatic -approved herbicides used adjacent to wetlands and other waters. Responsible Agency SMART District 71 collision impacts, and report results to appropriate agencies. If needed, remedial measures to reduce collision impacts will be developed in consultation withagencies. Effectiveness Criteria In the event of excessive impacts or effects on protected species, remedial measures are developed in consultation with wildlife agencies. Responsible Agency SMART District Timing Post -construction. IMPACT BR -19 The proposed project could result in disturbance to stream zones, special - status species and nesting birds during railway operations and maintenance activities. MITIGATION MEASURE Mitigation Measure BR -15a: SMART shall consult with the resource agencies (USFWS, Not Applicable. Station site does not contain habitats NOAA Fisheries and CDFG) to develop habitat and species protection measures for that would support these species. scheduled and emergency maintenance activities to minimize impacts on wetlands, streams, riparian habitats, and special -status species. Location Riparian zones, wetlands, and sensitive species habitats throughout the project corridor. Monitoring / Reporting Action Consultation with appropriate agencies to develop habitat and species protection measures for special -status species and sensitive habitat areas. Effectiveness Criteria Species and habitat protection measures developed in consultation with resource agencies. Responsible Agency SMART District, CDFG, NOAA Fisheries, USFWS Timing Prior to and during project construction. MITIGATION MEASURE Mitigation Measure BR -15b: For all herbicide applications during right-of-way maintenance, Applicable. SMART is responsible for implementing this herbicides shall be used only according to label directions, applications shall be confined to measure; the City has no role in its implementation. The within the right-of-way and appropriate BMPs shall be followed to prevent uncontrolled release City finds that SMART has adopted this mitigation of chemicals. Only aquatic -approved herbicides shall be used for vegetation control adjacent measure and that it will mitigate this impact to a level of to open water and wetland habitats. less than significant for the Corona Station. Location Throughout the project corridor. Monitoring 1 Reporting Action Pesticide applications are reported to Sonoma and Marin Counties' agricultural commissioners. Effectiveness Criteria Herbicides shall be used according to directions, use shall be confined to the right-of-way, BMPs shall be followed and only aquatic -approved herbicides used adjacent to wetlands and other waters. Responsible Agency SMART District 71 Timing Post -construction. Visual Resources IMPACT V-1 The presence of project -related construction equipment and other construction activities would create temporary visual disturbance MITIGATION MEASURE Mitigation Measure V-1: SMART shall install temporary fencing where views from adjacent Applicable. SMART is responsible for implementing this residences are adversely affected during construction. These areas shall be identified in measure; the City has no role in its implementation. The greater detail during design review and the type of temporary fencing selected, as part of the City finds that SMART has adopted this mitigation measure design review. Fencing materials would remain in place until finish work has been completed. and that it will mitigate this impact to a level of less than significant for the Corona Station. Location Construction areas where construction activities could significantly impact views from nearby residences (areas and fencing type to be determined during final design review) Monitoring / Reporting Action Temporary fencing installed during construction in designated Effectiveness Criteria Fencing meets applicable local standards and reduces visual impacts of construction on adjacent residences Responsible Agency SMART District 72 Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability Timing IMPACT V-2 Development of stations, including park-and-ride lots and maintenance facilities, would introduce new sources of nighttime light to their surrounding areas. MITIGATION MEASURE Mitigation Measure V-2: Fixture types, cut off angles, shields, lamp arm extensions, and pole Applicable. SMART is responsible for implementing this heights will be determined, in consultation with the local jurisdictions. measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Location Station sites and OMF site Monitoring / Reporting Action Light fixture types, angles, and heights selected and designed to minimize nighttime light impacts (in consultation with the local jurisdictions). Effectiveness Criteria Light fixtures at stations and OMF meet all applicable standards regarding nighttime light and minimize nighttime light impacts on surrounding areas. Responsible Agency SMART District Timing During final design. IMPACT V-3 The bicyclelpedestrian safety structure would add a dominant feature in areas where there is open space and no nearby structures. MITIGATION MEASURE Mitigation Measure V-3: To reduce the adverse visual impacts of the proposed bicycle/ Applicable. SMART is responsible for implementing this pedestrian safety structures where there is no intervening landscaping or structures such as measure; the City has no role in its implementation. The existing privacy fencing, the safety structure associated with bicycle/pedestrian pathway shall City finds that SMART has adopted this mitigation be designed to fit in contextually with adjacent nearby fencing via the use of different materials measure and that it will mitigate this impact to a level of or landscaping. SMART shall work with local jurisdictions and property owners to select the less than significant for the Corona Station. structure that minimizes visual impacts and provides additional vegetation or other design elements to integrate the safety structure to a greater extent into the viewshed while providing adequate safety. Location Areas where the bicycle/pedestrian safety structure will be the dominant visual feature Monitoring / Reporting Action Safety structure will be designed to fit in visually with nearby fencing through selection of materials and landscaping. Effectiveness Criteria Aesthetics of safety structure meet all applicable standards of local jurisdictions; visual impacts of safety structure are minimized. Responsible Agency SMART District 73 Timing During final design Historic, Archaeological, and Cultural Resources IMPACT HR -1 Disturbance of historic Healdsburg Station turntable could occur as a result of construction activities. MITIGATION MEASURE Mitigation Measure HR -1: Exclusionary plastic mesh fencing shall be installed and Not Applicable. maintained to prohibit equipment from impacting the structure. [applies to historic Healdsburg station turntable] Location Healdsburg Station. Monitoring I Reporting Action None Effectiveness Criteria Mesh fencing is installed to prohibit equipment from impacting the historic turntable. Responsible Agency SMART District Timing During construction. 74 Table 1. SMART Project Mitigation Monitoring Program IMPACT HR -3 Proposed changes to the Santa Rosa Railroad Square Station landscaping could affect the historic character of the Railroad Square District. MITIGATION MEASURE Consult and coordinate with the City of Santa Rosa regarding the design of station facilities to ensure that any adverse impacts are less than significant. Mitigation Measure HR -2: Any new street furniture, train platform, or shelters shall be sympathetic to the local historic character, and landscaping spatial patterning, and be designed in concert with the Santa Rosa Community Development Department City Cultural Heritage Board. The City's historic district fencing guidelines shall be consulted in the proposed bicycle/pedestrian pathway designs. [applies to Santa Rosa Railroad Square Station site] Location Santa Rosa Station Monitoring I Reporting Action Alterations and additions to the station will be designed in consultation with the City Community Development Department and historic district fencing guidelines. Effectiveness Criteria Alterations and additions to the station are designed in concert with applicable standards and are consistent with the historic character of the station. Responsible Agency SMART District Timing During final engineering design. IMPACT HR -4 Inappropriate rehabilitation techniques could affect the historic Petaluma Station. MITIGATION MEASURE Limit future renovations to the station to minor retrofitting, addition of street furniture and con- struction of the two proposed train platforms. Mitigation Measure HR -3: Any proposed rehabilitation, changes, alterations and additions shall comply with City of Petaluma policy, which requires conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. These guidelines shall be consulted for any proposed street furniture and construction of the two proposed train platforms. [applies to Petaluma Station] Location Petaluma Station. Monitoring / Reporting Action Rehabilitation, alterations and additions to Petaluma Station will comply with Interior's Standards for the Treatment of Historic Properties. Effectiveness Criteria Renovations, changes, and additions to Petaluma Station are minimized and consistent with applicable standards and the historic character of the station. Responsible Agency SMART District City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. Not Applicable. This measure applies to downtown Petaluma not the Corona Station. 75 Timing During final engineering design. IMPACT HR -5 Railroad construction would affect historic features associated with a section of trackwork that retains integrity. MITIGATION MEASURE Mitigation Measure HR -4: Prior to construction, a report shall be prepared by a professional Not Applicable. architectural historian and shall be accompanied by requisite sets of large format camera Historic American Landscape Survey (HALS) Level II black -and -white 8 -by -10 inch archival quality prints produced by a professional photographer. A minimum of twenty views shall be documented (five landscape perspectives at one -mile intervals, trestle profiles, culvert profiles, and telephone pole alignments) and two sets of prints, plus the report, shall be sent to the California State Library in Sacramento and the Petaluma Museum. The report and accompanying photography would provide a permanent record of this section of the former NWP track and right-of-way. This record would preserve the historic information and context for this section of track. [applies to historic trackwork — MP 31.3 to 36.7] Location Historic track near Petaluma. Monitoring / Reporting Action Archival quality photographs will be sent to the California State Library and Petaluma Museum, and a report prepared by an architectural historian. 76 Table 1. SMART Project Mitigation Monitoring Program Effectiveness Criteria Photographs and a report of the historic section of track are recorded and preserved. Responsible Agency SMART District Timing Prior to project construction. IMPACT HR -6 Proposed rehabilitation of the Russian River Railroad Bridge could impact the integrity of the bridge. MITIGATION MEASURE Mitigation Measure HR -5: The following shall be conducted prior to any rehabilitation effort: a report shall be prepared by a professional architectural historian and shall be accompanied by requisite sets of large format camera Historic American Engineering Record (HAER) Level II black -and -white 8 -by -10 inch archival quality prints taken by a professional photographer. A minimum of twelve views shall be documented (two profiles, two centerline shots, four abutment shots, and four engineering details) and two sets of prints shall be sent to the California State Library in Sacramento and the Healdsburg Museum. Measured drawings shall be prepared of the structure under the supervision of a qualified architectural historian. After this effort, the bridge shall be rehabilitated using Secretary of the Interior Guidelines and Standards. The new concrete members shall be colored to match the existing metal to lower the visual impacts to less than significant levels. [applies to Russian River bridge and Haystack Bridge — for Haystack, a set of prints and drawings to be sent to the Petaluma Museum.] Location Russian River Railroad Bridge. Monitoring / Reporting Action Archival quality photographs will be sent to the California State Library and Healdsburg Museum, and drawings prepared by an architectural historian. Effectiveness Criteria Archival quality photographs taken by a professional photographer, and drawings prepared by an architectural historian. The bridge is rehabilitated according to Interior Guidelines and Standards. Responsible Agency SMART District Timing Prior to and during project construction. IMPACT HR -7 Proposed replacement of the Petaluma River Haystack Bridge would affect the significance of this historical resource. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable 77 MITIGATION MEASURE Implement Mitigation Measure HR -2, with a set of prints and drawings sent to the Petaluma Museum. Mitigation Measure HR -6 [applies to Haystack Bridge]: Advertisements shall be placed in local newspapers, and historical advocacy groups that may be interested in acquiring the bridge shall be contacted. Arrangements shall be made for the relocation of the historic structure with its subsequent rehabilitation and adaptive re -use at its new site, including compliance with all State Historic Building Code requirements. Should efforts to relocate the structure fail, one or more of the following actions should be implemented to mitigate the loss: Location 1. Commemoration of the structure with an enclosed display of text and photos designed by a local professional historical consultant to be placed on the passenger cars at the primary entrance, or alternatively at the Petaluma Station. 2. Salvage of significant materials of the historic structure for conservation in a historical display located at the former bridge site. 3. Incorporation of the historic structure's operator's cab and truss system into the design of the new bridge. Petaluma River Haystack Bridge. Monitoring I Reporting Action Interest groups will be contacted who may wish to acquire the historic bridge; potential re -use will comply with State Historic Building Code requirements. Effectiveness Criteria Historic bridge relocated and reused at new site; or, loss of historic structure mitigated through commemoration at the site, salvage of materials, or incorporation into the new structure. Responsible Agency SMART District Not Applicable. This measure does not apply to the Corona Station. Table 1. SMART Project Mitigation Monitoring Program Timing During final engineering design and during project construction. IMPACT HR -8 Proposed bicyclelpedestrian pathway safety structures could cause adverse visual impacts on adjacent historic resources. MITIGATION MEASURE Mitigation Measure HR -7: Where tall safety structures are required in close proximity to historic resources, design safety structures similar to the surrounding historical landscape. For example, structures should be built with similar materials (e.g., horizontal wooden planks and vertical wooden posts near historic wooden structures or brick near historic brick buildings). Adjacent property owners and local government shall be consulted about the design details of the safety structures and landscaping, safety structures should be consistent with applicable local historic preservation policies and guidelines. Location Along bicycle/pedestrian pathway. Monitoring / Reporting Action Property owners and local government will be consulted about design details of safety structures, which should be consistent with local preservation policies and guidelines. Effectiveness Criteria Safety structures will be designed using similar materials and style to nearby historic resources, and property owners and local governments consulted about design details. Responsible Agency SMART District Timing During final engineering design. IMPACT AR -1 Several locations exist within the project corridor that have a high probability to contain historic or prehistoric archaeological deposits. MITIGATION MEASURE Mitigation Measure AR -1: Because of the high probability for the presence of historic or prehistoric artifact deposits, an Extended Phase I archaeological study is recommended at these sites (listed in DEIR, page 3-264) in locations where ground disturbances are planned. If an archaeological site is discovered, additional fieldwork (Phase II testing) may be required to establish site boundaries and determine each site's eligibility for listing on the National Register of Historic Places (NRHP). If a site is determined to be eligible, consultation shall be initiated with the State Historic Preservation Officer (SHPO) and other appropriate consulting parties to either avoid the site or to develop a data recovery plan. Extended Phase I archaeological testing is generally comprised of a series of systematically placed vertical holes that are slightly wider than the width of a shovel blade. Shovel test pits are typically excavated to sterile subsoil or the maximum practical depth to which soil material can be removed by shovel, usually just over a meter. During excavation, care is taken that soil strata are recognized and artifacts from each stratum are bagged separately. A profile is then produced and soils are classified by type and Munsell colors. Location Sensitive cultural sites throughout the project corridor. City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. No historic structures at the Corona Station site. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 79 Monitoring I Reporting Action An Extended Phase I archaeological study will be conducted at these sites, followed by :1 Phase II testing if a site is discovered. Effectiveness Criteria Archaeological studies conducted at sites with a high probability of containing culturally sig- nificant materials. If sites are found, further study is conducted to establish boundaries and determine significance. Responsible Agency SMART District Timing Prior to project construction. IMPACT AR -2 Subsurface historic archaeological deposits associated with the Coast Miwok ethnographic village north of Cotati could be impacted by construction. MITIGATION MEASURE Mitigation Measure AR -2: Archaeological and Native American monitoring is recommended in Not Applicable. this area because subsurface historic and possibly prehistoric archaeological deposits could be impacted by construction. [applies to Coast Miwok ethnographic village north of Cotati, Downtown Novato and Hamilton station sites] Location North of Cotati. Monitoring I Reporting Action Archaeological and Native American monitors present during construction activities. :1 Table 1. SMART Project Mitigation Monitoring Program Effectiveness Criteria Archaeological and Native American monitors present during construction to evaluate poten- tial impacts to any subsurface cultural materials found in the area. Responsible Agency SMART District Timing During project construction. IMPACT AR -3 Ground disturbing construction activities could adversely affect unknown potentially important subsurface cultural materials in the vicinity of the Marin Civic Center Station. MITIGATION MEASURE Mitigation Measure AR -3: If construction personnel locate buried cultural materials, work shall be halted or shifted to another area and a qualified archaeologist shall be contacted to determine proper treatment of the find. Location Vicinity of Marin Civic Center Station. Monitoring I Reporting Action An archaeologist will evaluate any buried cultural materials found during construction. Effectiveness Criteria If buried cultural materials are found, work is stopped and an archaeologist contacted to eval- uate the find. Responsible Agency SMART District Timing During project construction. IMPACT AR -4 Eleven culturally sensitive historic and prehistoric sites have been identified in the area that extends north from the Marin/Sonoma county line to the Haystack Bridge south of Petaluma. MITIGATION MEASURE Mitigation Measure AR -4: Trackwork shall be avoided or undertaken in a manner to avoid ground disturbance beyond the current track limits (e.g., by undertaking construction from the existing track) in the most culturally sensitive railroad segments. The Federated Indians of Graton Rancheria have asked that any archaeological site identified within those boundaries be depicted as an "environmentally sensitive area" on railroad maps. Furthermore, maintenance trucks shall avoid driving through this area until boundary definition, evaluation and site capping is completed at the site within the railroad right-of-way. If it is not possible to avoid impacts along this railroad segment, boundary definition would also be warranted at each site to determine if trackwork has the potential to impact the sites. Avoidance of all ground disturbances that could create impacts is recommended at the following sites: two historic foundations; a buried concrete wall within the railroad right-of-way; a prehistoric site north of Penngrove; and a prehistoric site south of San Rafael at Simms. If avoidance is not feasible, then the sites would require evaluation for NRHP/CRHR eligibility. [applies to 11 sites from Marin/Sonoma County line to Haystack Bridge, south of Petaluma] City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 91 Location Culturally sensitive sites from the Sonoma County line to Haystack Bridge. Monitoring / Reporting Action Archaeological site definition or NRHP/CRHR evaluation will be undertaken at culturally sen- sitive sites if ground -disturbing activities are not avoidable. Effectiveness Criteria Ground -disturbing activity at culturally sensitive sites along the right-of-way avoided, or, if unavoidable, archaeological site definition or historic site evaluation conducted prior to such activity. Responsible Agency SMART District Timing Prior to project construction. Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability IMPACT AR -5 Any replacement bridgework has the potential to disturb potentially significant archaeological resources since prehistoric and historic archaeological sites are often located on stream banks or near the confluence of steams. MITIGATION MEASURE Mitigation Measure AR -5: Of the five bridges and trestles located between MP 31 to MP 37, Not Applicable. the open deck trestle between MP 35 and MP 36 should be avoided. If the trestle needs to be replaced, then archaeological site determination (Extended Phase I testing), Phase II eligibility testing, and possible data recovery would be required. The remaining four bridges would require monitoring by a qualified archaeologist and a Native American monitor. Archaeological sites near bridges located at MP 85 and between MP 43 to MP 44 would require boundary definition. If the sites would be impacted by bridgework, then evaluation would be required prior to bridge removals. Location Trestle between MP 35 and MP 36, and archaeological sites between MP 43 and 44, and at MP 85. Monitoring I Reporting Action Archaeological site determination if the open deck trestle between MP35 and 36 needs replace- ment, and boundary definition and potential evaluation for the sites at MP 43-44 and MP85. Effectiveness Criteria Appropriate archaeological site evaluations conducted if construction could impact potentially significant archaeological sites. Responsible Agency SMART District Timing Prior to project construction. IMPACT AR -6 Site preparation and use of some of the proposed pre -construction staging areas could disturb unknown and potentially significant cultural resources. MITIGATION MEASURE Mitigation Measure AR -6: If ground disturbances are planned and staging areas cannot be Applicable. SMART is responsible for implementing this avoided, an archaeologist shall be present for all grading or other ground disturbing activities measure; the City has no role in its implementation. The planned in the staging area. In the vicinity of the staging areas near Ignacio, if ground City finds that SMART has adopted this mitigation disturbances are planned, an archaeologist and Native American monitor should be present measure and that it will mitigate this impact to a level of for all grading or other ground disturbing activities planned in the staging area. less than significant for the Corona Station. Location Pre -construction staging areas, particularly near Ignacio. Monitoring I Reporting Action Archaeological monitor present for ground -disturbing activities in staging areas; a Native American monitor should also be present for staging areas near Ignacio. Effectiveness Criteria Grading and other ground -disturbing activities overseen by appropriate monitors. Responsible Agency SMART District Timing Prior to project construction. NN IMPACT CR -3 Ground disturbing construction activities could adversely affect subsurface deposits associated with a previously demolished historic structure. MITIGATION MEASURE Mitigation Measure CR -3 (Hamilton Station Site): Because of the possibility of the Not Applicable. presence of historic or prehistoric artifact deposits, an Extended Phase I archaeological study is recommended at this site in locations where ground disturbances are planned. The purpose of the Extended Phase I study is to establish the presence or absence of an archaeological deposit within an area that may be impacted as a result of project implementation. Extended Phase I archaeological testing is generally comprised of a limited series of systematically placed excavation units in the area of potential impacts. If an archaeological deposit is identified during the Extended Phase I archaeological excavation, additional fieldwork (Phase II testing) may be required to establish site boundaries and evaluate the deposit for it's potential for eligibility for listing in the NRHP/CRHR. If a site is determined to be eligible, consultation shall be initiated with the SHPO and other appropriate consulting parties to either avoid impacts to the site or to develop and implement a data recovery plan (Phase III). Location Hamilton station site :E Table 1. SMART Project Mitigation Monitoring Program City of Petaluma CEQA Findings as to Corona Station Applicability Monitoring / Reporting Action Completion of Phase I study and summary report. Completion of Phase II study, if deemed necessary. Consultation with agencies, as described in mitigation measure. Effectiveness Criteria Compliance with agency protocols Responsible Agency SMART District Timing During final engineering design and prior to construction Table 2 outlines all the various environmental compliance measures which will be implemented by SMART in order to avoid or minimize potential environmental impacts during construction and operation of the project. The table lists those measures which would occur during project construction first followed by a breakdown of measures by issue areas which would be implemented as part of the operation of the project Table 2. SMART Project Environmental Compliance Measures Construction Require contractor to develop and implement construction phasing/sequencing and traffic management plans to minimize traffic impacts during construction. This plan will include: defining each construction operation, approximate duration, and necessary traffic controls to maintain access for vehicles; limiting off-site construction -related hauling and movement of heavy equipment to daytime hours and off-peak travel demand periods; providing alternative access and notice of detours to local neighborhoods; encouraging construction workers to use public transportation and carpool in areas where limited parkinq is available. Confine construction access, mainline track reconstruction and construction of new sidings to existina riaht-of-wav, where possible. Conduct additional special -status plant surveys prior to project implementation, consistent with California Department of Fish & Game (CDFG) reauirements. Consult with the Regional Water Quality Control Board (RWQCB) and CDFG, as necessary, regarding stream crossings and minimization of impacts on water quality and biological resources. Repair in place small and medium size railroad bridges and replace or rehabilitate existing structures such as bridges within the original footprint, to minimize the physical effects at water crossinas. on the floodplain and anv surroundina sensitive bioloaical areas. City of Petaluma CEQA Findings as to Corona Station Applicability Applies. Not Applicable Not Applicable Not Applicable Not Applicable Use of appropriate controls for pollution prevention during servicing and fueling of construction vehicles including: • Perform fueling and servicing only in designated areas located as far as practicable from stream zones and wetland areas. • When fueling, do not "top off' tanks. • Carry spill containment kits in all construction vehicles. • Use a secondary containment such as a drain pan or drain cloth when fueling to catch spills. • Train all project construction personnel and subcontractors in proper fueling, servicing, and clean-up procedures. • Report all fluid spills immediately. • Store hazardous materials as far as practical from stream zones and wetland areas. • Develop and implement a contingency plan for possible leaks and spills of hazardous materials. Surface water runoff from affected areas would be dispersed in accordance with the Not Applicable measures required under a SWPPP from the RWQCB and under a Standard Urban Storm Water Mitigation Plan (SUSMP) as developed by the City of Santa Rosa and County of Sonoma. Develop a Stormwater Pollution Prevention Plan (SWPPP) for construction activities in or Applicable. SMART is responsible for implementing this adjacent to waterways or wetlands, best management practices (BMPs) shall be measure; the City has no role in its implementation. The implemented to minimize erosion and sedimentation. BMPs would include the following City finds that SMART has adopted this mitigation types of activities: measure and that it will mitigate this impact to a level of • Control sheet flow and run off from all disturbed areas using ditches, berms, weed free less than significant for the Corona Station. wattles, straw bales, and siltfencina. Table 2. SMART Project Environmental Compliance Measures • Cover or stabilize loose soil and exposed slopes prior to the onset of rainy season and any time that rain is forecast within 24 hours. • Use geo textile fabric or protective mats where feasible to minimize ground damage where vehicle travel through wetlands or other saturated soil areas cannot be avoided in temporary work areas. • Apply gravel to a depth of three inches to access roads used during the rainy season. • Install silt fencing and fiber rolls around soil and gravel stockpiles between October 15 and April 15 to prevent sedimentation in nearby watercourses and wetlands. • Hydroseed disturbed areas before October 15 with a mixture of native and non-invasive plants that provide protection from erosion. The seed mixtures should be developed for each site based on local conditions. • Stabilize stream banks prior to October 15 with riprap, native plantings, willow wattles or other biotechnical slope stabilization techniaues. Implement air quality BMPs such as the following measures, where appropriate: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require that all trucks to maintain at least two feet of freeboard. • Sweep streets as required (with water sweepers) if visible soil material is carried onto adjacent public streets. • Enclose, cover, water twice daily or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). • Limit traffic speeds on unpaved roads to 15 miles perhour. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Replant vegetation in disturbed areas as quickly as possible. • Use cleanest available engines, including alternative -fueled construction equipment when feasible. • Minimize equipment idling time. City of Petaluma CEQA Findings as to Corona Station Applicability Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. • Maintain orooerly tuned eauioment. Conduct a worker orientation program prior to and during construction activities to summarize Not Applicable relevant laws and regulations that protect historic resources and review applicable avoidance and minimization measures to protect resources. No Have a qualified cultural resources monitor present for grading or other ground disturbing activities planned in areas of potential archaeological sensitivity. Ensure proper design of restraint and shoring systems in order to prevent unstable excavations. Use "green building" materials where practical. Avoid construction noise in early and late hours. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Work with local jurisdictions and transit providers in the preparation and administration of the Applicable. SMART is responsible for implementing this construction phasing/sequencing and traffic management plan. measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Location Throughout the rail corridor, as warranted. Monitoring / Reporting Measures are to be implemented by the construction contractor, with ongoing monitoring, as Action needed, by the SMART District following construction. Effectiveness Criteria Adherence to appropriate and applicable regulatory requirements to assure successful implementation of compliance measures. Responsible Agency The SMART District will retain primary responsibility for implementing the construction - related compliance measures. Additional agencies that will assist include: • CDFG, for review of special -status plantsurveys • RWQCB, for consultation regarding stream crossings and minimization of impacts on water quality and biological sources. • RWQCB and Counties of Sonoma and Marin, for approving and implementing SWPPP and BMPs for minimizing erosion and sedimentation. Table 2. SMART Project Environmental Compliance Measures . Bay Area Air Quality Management District and Northern Sonoma County Air Pollution Control District, for implementation of BMPs for minimizing air pollution emissions Timing During and following project construction. Security/Public Safety In advance of start-up operations, SMART will designate an Emergency Response Coordinator to develop and implement a coordinated Emergency Preparedness Plan in consultation with local emergency responders. It will also hire a Public Safety Assessment (PSA) consultant to assist in the preparation of the plan which will include measures to address fire, safety, health, and security emergencies. SMART will submit the Emergency Preparedness Plan to the Federal Railroad Administration (FRA) for approval prior to initiation of passenger rail service. The Emergency Preparedness Plan will: • Establish chain of command that assigns responsibilities of railroad personnel and acknowledges authority of emergency responders. • Delineate functions and responsibilities for railroad operating personnel and control center personnel. • List telephone numbers of railroad personnel and emergency responders who must be notified in the event of an accident, in milepostorder. • Develop criteria for determining whether an emergency exists and requires assistance from emergency responders. • Establish procedures for notifying emergency responders and defining incident responsibility. • Establish communication protocol between train and dispatcher, emergency responders, and within train based on chain of command, role and responsibilities of conductor. • Address care and evacuation of passengers. • Address joint operations with other railroads sharing right-of-way. • Develop a construction safety plan aimed at fire prevention. Incorporate security enhancements into SMART's capital and operating plans. Such improvements include security design considerations for vehicles and stations, on-going personnel and passenger awareness training sessions, alternative back up external communications capabilities. and in -vehicle Dublic address systems. Provide system security for railway operations, either in-house or by contract. Contracted services could include local police, county sheriffs personnel or private security personnel. Fare inspectors would also be part of system security and provide additional surveillance to deter crime. City of Petaluma CEQA Findings as to Corona Station Applicability Implement training per the FRA rule of railroad personnel and those who interact with the railroad in emergency situations, including police, fire and heath emergency responders. A required training session for non -railroad personnel includes briefings in railroad and passenger train operations, right-of-way safety issues, equipment, forcible entry and evacuation, train crew personnel, hazards, emergency exits, grade crossings, and bridges and tunnels. Request the US Department of Homeland Security (DHS) to conduct a comprehensive vulnerability assessment of the proposed oroiect corridor. Adhere to state and federal regulations to promote public safety and discourage trespassing. Standard safety measures include fencing, signage, and other physical impediments at appropriate locations designed to promote safety and minimize pedestrian/train accidents. In addition, appropriate set back for bicycle/pedestrian pathway, safety structure between bicycle/pedestrian pathway and rail tracks and use of heavy DMU vehicles compatible with freiaht trains. In order to educate the community, and school children in particular, about safety issues around the rail tracks, work with Operation Lifesaver.' Operation Lifesaver is a nationwide, non-profit information safety program dedicated to educating the public on how to reduce crashes, injuries, and fatalities at at -grade rail crossings and on railroad rights-of-way. This free public service creates awareness of the hazards that may occur on railroad property and at at -grade crossings in particular. Operation Lifesaver has developed an outreach education program specifically for children. SMART proposes to sponsor in -school education in advance of start -UD of the oroiect. 'Operation Lifesaver, available: http://www.oli.org/. 91 Table 2. SMART Project Environmental Compliance Measures City of Petaluma CEQA Findings as to City finds that SMART has adopted this mitigation measure Corona Station Applicability and that it will mitigate this impact to a level of less than Gate and lock all tunnels at dusk for security and safety purposes. significant for the Corona Station. Design station and facility lighting to avoid light and glare on residential areas and to protect To address safety issues, maintain clearly defined access for non -motorized modes during nighttime views. measure; the City has no role in its implementation. The construction. Where roadways and sidewalks are impassable for bicycles and pedestrians, City finds that SMART has adopted this mitigation sign and maintain safe alternate routes and pathways during construction. Coordinate with less than significant for the Corona Station. Marin and Sonoma Counties, local jurisdictions, fire and police departments, and transit Applicable. SMART is responsible for implementing this water for landscaping requirements, where feasible. providers. City finds that SMART has adopted this mitigation Inspect the line during and after major storm and/or flooding events. measure and that it will mitigate this impact to a level of Location Throughout the rail corridor. Monitoring 1 Reporting Periodic monitoring by the SMART District and local jurisdictions to verify that all security/ Action public safety measures are being implemented. Effectiveness Criteria Adherence to FRA approved emergency preparedness plan, and to state and federal regulations to promote public safety associated with the use and maintenance of the railroad corridor. Responsible Agency The SMART District will retain primary responsibility for implementing the security/public safety—related compliance measures. Additional agencies that will assist include: • Federal Railroad Administration, for review and approval of SMART's Emergency Pre- paredness Plan • Local police, Sonoma and Marin County Sheriff's, local fire departments and health emer- gency responders. Timing Prior to and following initiation of rail service. Aesthetics Consult with adjacent property owners and local governments about the design details of the Applicable. SMART is responsible for implementing this safety structures and landscaping along the rail right-of-way. measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Consult with local jurisdictions regarding rail station designs to ensure visual compatibility. Applicable. SMART is responsible for implementing this 92 measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Design station and facility lighting to avoid light and glare on residential areas and to protect Applicable. SMART is responsible for implementing this nighttime views. measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Use drought tolerant native species for proposed landscaping/screening and use recycled Applicable. SMART is responsible for implementing this water for landscaping requirements, where feasible. measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. 92 Location Throughout the corridor, as warranted. Monitoring / Reporting Documentation from SMART demonstrating compliance. Action Effectiveness Criteria Implementation of design details; where feasible, use of drought tolerant native species and recycled water for landscaping. Responsible Agency SMART District, with assistance from property owners and local jurisdictions Timing Prior to project construction Traffic Implement an interconnected and adaptive traffic signal sequencing and coordination system in downtown San Rafael to minimize vehicle delay (see Section 3.6, Implement roadway improvements at 3rd and Netherton (addition of dual southbound right - turns), as an option, in the Downtown San Rafael Station area to minimize traffic congestion (see Section 3.6_ Transoortation)_ Implement traffic signal timing and sequencing and a grade crossing protection system adjacent to downtown Petaluma and Santa Rosa Railroad Square stations to provide coordination and integration of the train detection system with adjacent traffic signals to minimize delays and allow for progression of other non -conflicting traffic movements (see Section 3.6. Transnortation). Work with each city/town's traffic engineer to evaluate the need for traffic signal timing and sequencing and a grade crossing protection system at intersections adjacent to station locations to minimize delay, and implement if warranted (see Section 3.6, Transportation). Location Along the rail corridor through downtown San Rafael, Petaluma and Santa Rosa. Monitoring / Reporting Periodic monitoring of local traffic operations where improvements have been made. Action Effectiveness Criteria With implementation of compliance measures, there would be a continuation of existing ser- vice levels on local streets. Responsible Agency SMART District, with assistance from City of San Rafael, City of Petaluma and City of Santa Rosa. Not Applicable Not Applicable Not Applicable Applicable. SMART is responsible for implementing this measure; the City will cooperate with SMART in its implementation. 93 Table 2. SMART Project Environmental Compliance Measures Timing Prior to and following project construction. Water Quality/ Utilize the bicycle/pedestrian pathway as maintenance access for the railway to minimize Biological Resources disturbance of biological resources and adjacent properties. Develop bio -filtration swales or other appropriate pollutant runoff controls to accommodate surface runoff from the rail improvements, stations, maintenance facility, and park-and- ride facilities, where appropriate. Develop and implement a habitat restoration plan, in consultation with appropriate agencies, City of Petaluma CEQA Findings as to Corona Station Applicability Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Not Applicable Not Applicable Not Applicable 01 to replace sensitive habitat and trees within the nroiect riaht-of-way. where feasible. Coordinate with the Sonoma County Water Agency (SCWA) regarding modifications to bridaes and culverts and other construction activities adiacent to SCWA facilities. Install signage along the bicycle/pedestrian pathway, where appropriate, to discourage disturbance of sensitive habitats. Signs shall explain the importance of local habitat, wildlife, and-te-al reouirement- to ctav nn tha nat_h_ Location Throughout the rail corridor. Monitoring / Reporting None Action Effectiveness Criteria Adherence to SWPPP and SISMP; also adherence to habitat restoration plan. Responsible Agency SMART District, RWQCP, City of Santa Rosa, Counties of Sonoma and Marin; CDFG. Timing Prior to and following project construction. Biological Resources Preservation of Mature Oak Trees. The construction plan for station sites shall contain detailed provisions for the protection of existin mature oak trees and these provisions shall be conveyed to all construction perll Location Hamilton station site Monitoring/Reporting Construction contractor to submit to SMART District: construction plan for review and Action approval, and proof of construction personnel briefing. Periodic field monitoring by SMART District to ensure proper protection of oak trees. Effectiveness Criteria Oak trees are properly fenced and otherwise protected from construction activities. Responsible Agency SMART District Timing Plans provided prior to construction; monitoring during construction City of Petaluma CEQA Findings as to Corona Station Applicability Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Not Applicable Not Applicable Not Applicable 01 Air Quality Implement control measures for NOXand diesel particulate matter, which include: use of Applicable. SMART is responsible for implementing this advanced emission control technology (high -efficiency catalytic after -treatments, such as measure; the City has no role in its implementation. The catalyzed diesel particulate filters, selective catalytic reduction systems, NOx adsorbers, or City finds that SMART has adopted this mitigation equivalent) and use of ultra low sulfur (15 ppm) fuel. measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Limit train idling to 15 minutes in all locations, except the maintenance facility shop where an Applicable. SMART is responsible for implementing this emissions collection hood is utilized (see Section 3.5.6).. measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Strongly consider use of biodiesel and hybrid engine alternatives. Location Throughout the rail corridor. Monitoring I Reporting None. Action Effectiveness Criteria Adherence to applicable BAAQMD and NSCAPCD requirements Responsible Agency SMART District., with assistance from BAAQMD and NSCAPCD Timing Prior to and following project construction. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Noise Assist local jurisdictions in Implementing FRA "quiet zones" where permissible to reduce use Applies. Quite zone have been implemented citywide in of train horns (See Section 3.7 Noise). Supplementary safety measures required for Quiet Petaluma including at the adjacent at grade crossing of Zones are included in project funding, if such measures are approved by the FRA. Corona Road. This measure thus has already been successfully implemented. Use continuous welded rail for reduction in noise/vibration. Applicable. SMART is responsible for implementing this measure; the City has no role in its implementation. The City finds that SMART has adopted this mitigation measure and that it will mitigate this impact to a level of less than significant for the Corona Station. Location Throughout the rail corridor. Monitoring / Reporting Documentation from SMART demonstrating compliance. Action Effectiveness Criteria None. Responsible Agency SMART District Timing Prior to, during and following project construction. Geology/Slope In areas with slopes, develop properly designed stormwater runoff collection systems and Stability finished contours for new stations, rail sidings, and earthwork to maximize long-term slope stability. Location In construction locations where drainage patterns exists. 95 Monitoring / Reporting None. Action Effectiveness Criteria Adherence to SWPPP and SUSMP. 0 Table 2. SMART Project Environmental Compliance Measures Responsible Agency Timing Cultural Resources Location Monitoring/Reporting Action Effectiveness Criteria Responsible Agency Timing SMART District, RWQCB, Counties of Sonoma and Marin, City of Santa Rosa. Prior to and during project construction. If paleontological remains are discovered during construction, construction would cease or be directed away from the discovery, and the potential resource would be evaluated by a qualified paleontologist. The paleontologist would recommend appropriate measures to record, preserve, or recover the resource [I�v fpt i4iI3] Todd Road OMF site Paleontological evaluation if paleontological remains are discovered during construction. Paleontologist evaluates potential impacts to any subsurface paleontological materials found in the area. SMART District During construction City of Petaluma CEQA Findings as to Corona Station Applicability Not Applicable 97 Attachment 2 Agreement between the City of Petaluma and the Sonoma Marin Area Rail Transit District for Construction of Corona Station Improvements in the City of Petaluma and Related Matters This agreement ("Agreement") is entered into as of , 2020 by and between the City of Petaluma, a California municipal corporation and charter city ("City"), and the Sonoma Marin Area Rail Transit District ("SMART"), a regional transportation district. Recitals A. Lomas Corona Station LLC, the owner of property at 890 North McDowell Boulevard, APN 137-061-019, in Petaluma ("Corona Property") and Lomas SMART LLC, which is in contract to purchase property owned by SMART located at 315 D Street, APN 007- 131-003, in Petaluma ("Downtown SMART Property") are under the same management and ownership, and are referred to in this Agreement as the "Developer." B. The Downtown SMART property is adjacent to property owned by SMART, A.P.N. 007-131-004 ("Depot Property") that contains SMART station and depot and other improvements and that is subject to a lease agreement between SMART and the City ("Depot Lease"). The Depot Lease was originally entered on August 1, 2003. The original parties to the Depot Lease were the Northwestern Pacific Railroad Authority as property owner the Petaluma Community Development Commission as lessee. SMART succeeded the original property owner by operation of law and the Petaluma Community Development Commission assigned its interest as lessor to the City pursuant to an Assignment and Assumption Agreement dated August 22, 2013. The City licenses the Depot Property to the Downtown Business Association and the Petaluma Arts Alliance for office space use. C. The agreement between Developer and SMART dated October 12, 2019 ("Developer/SMART Agreement'), provides for the close of escrow on the purchase of the Downtown SMART Property to occur on May 19, 2020. D. Section 2(a) of the Developer/SMART Agreement requires as consideration for purchase of the Downtown SMART Property a payment of $8 million, and in accordance with Section 9(c) of the Developer/SMART Agreement, Developer must deposit into escrow the remainder of the $8 million purchase amount, less a non-refundable $500,000 deposit already given by Developer and closing costs allocable to Developer by May 15, 2020. E. Section 9(e), the Developer/SMART Agreement also requires Developer to :. i to SMART 1.27 acres of land at the comer of McDowell Boulevard and Corona Road in Petaluma and the Developer's Corona Tentative Map application includes such 1.27 acres of land as a remainder parcel. c Oil October 12 2019 SMART entered into anaoreemerit to sell SMART's Downtown property to Developer (for 8 million and 1.27 remainder parcel), � It City intends to place Hito the escrow for purchase of the Downtown SMART Propertv $2 million of the $8 million purchase price. The Citv contribution will be furided by traffic impact fee proceeds that were established in 2016 for this purpose, and will be used to fund Corona Station improvements which will provide traffic relief in Petaluma via C0111111LIter use of the Corona SMART station. H. Developer's payment for the Downtown SMART Property and dedication of 1.27 acres at Corona Road and Me Dowell Boulevard must occur by the scheduled closing on the Downtown SMART Property purchase on May 19, 2020 in order for SMART to request a Change Order and proposal from SMART's existing train system contractor for the Second Petaluma Station design and construction to proceed approximately concurrently with the Windsor station. 1. In accordance with Article XI, Section 7, of the California Constitution, the City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. J. In accordance with Article, X1, Section 5, of the California Constitution, as a charter City, the City may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in its charter, and with respect to municipal affairs, the City's ordinances and regulations shall supersede all inconsistent state laws. K. In accordance with Article XI, Section 9, of the California Constitution, the City may establish, purchase and operate public works to furnish residents with light, water, power, heat, transportation, and means of communication. L. In accordance with Section 54 of the Petaluma Charter, the City, by and through the municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution, and the specifications in the Petaluma Charter of any particular powers shall not be held to be exclusive or any Iii-nitan of the City's general grant of powers. M* M. In accordance with Section 54981 of the Government Code, the City may contract with any other local agency for the performance of municipal services or functions within the City's territory. N. In accordance with Section 105032 of the Public Utilities Code, the SMART Board has the power to own, operate, manage, and maintain a passenger rail system within the territory of the district, and to determine the rail transit facilities, including ancillary bicycle and pedestrian pathways, to be acquired and constructed by SMART, the manner of operation, and the means to finance them. O. In accordance with Section 105070 of the Public Utilities Code, SMART may make contracts and enter into stipulations of any nature whatsoever, employ labor, and do all acts necessary and convenient for the full exercise of SMART's granted powers. P. In accordance with Section 105085 of the Public Utilities Code, SMART may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real property of every kind within or without the district necessary to the full or convenient exercise of its powers, and may lease, mortgage, sell, or otherwise dispose of any real or personal property when in its judgment it is in the best interests of SMART to do so. Q. In accordance with Section 105096 of the Public Utilities Code, SMART may acquire, construct, own, operate, control, or use rights-of-way, rail lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rail transit within and without the district, together with all physical structures necessary or convenient for the access of persons and vehicles thereto, including ancillary bicycle and pedestrian pathways, and may acquire or contract for any interest in or rights to the use or joint use of any or all such facilities,. R. In accordance with Section 105101 of the Public Utilities Code, SMART may enter into agreements for the joint use of any property and rights by SMART and any city, public agency, or public utility operating transit facilities and may enter into agreements with any city, public agency, or public utility operating any transit facilities, wholly or partially within or without the district, for the joint use of any property of SMART or of the city, public agency, or public utility, or for the establishment of through routes, joint fares, transfer of passengers, or pooling agreements. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and SMART agree as follows: 1. Recitals. The above recitals are true and correct and are made a part of this Agreement. 2. Corona Station Project We 2.1 Within 60 days of close of escrow on the Developer's purchase of the Downtown SMART Property pursuant to the Developer/SMART Agreement, (1) SMART will initiate a request for change and proposal from SMART's existing ,.' r r h l ystem for design and construction of the ::, i Corona Station Project'" . IF :. II'I 1111 SMART agrees to initiate adesign/build Change Order, » O"II for Corona Station Project in SMART right of way located at , A.P.N. ("Corona Station Property") x L . II li : Iln p';.. ll lk 1ll I! l II I 1 � a n a SMART will be responsible for obtaining all applicable regulatory approvals required for construction of the Corona Station Project. e r do ¢ g D SMART 7,o { }�� a:JL"nd �`'�taa. IL 'a�.a § H543iii1 t��.. SLj's"a �1 t��,. l�1vG����ti+�'v ae ��I�r$• Property for a poricad of ( year"') in order touse the 2 million in City funding for the Corona Station Project, and to match the City funds with $2 million in SMART funding, and to progress as far as is reasonably possible toward completing design and construction of the Corona Station Project Usingthe $4 million in conlbincd City and SMART titndin,g, 4A nl;i''rl xI additional cornplete the ion of II, : n. n ,' - II % .'',.:" O,acc SMA" '1` obtains the titndin �accdcd to conaplctc the construction of the Corona Station Project, it will be allocated to completion of the Corona Station Project and the project will proceed to completion. 1 X'G "„' •„ °".. l'e lu IIII p .q; n.., Ile .- n �Y� .M ..II' • , �` I o-„ x x _ i — � r �. �,' -';i'ry N a 3. 3,1 City Funding. City will deposit $2 million in the escrow for the Developer /SMART agreement by May 15, 2020, so that the close of escrow on the Developer's purchase of the Downtown SMART Property can occur by May 19, 2020, in accordance with Section 9(a) of the Developer/SMART Agreement. The City's contribution of $2 million in City funds to the cost of constructing the Corona Station Project will be the maximum City contribution to funding of the Corona Station Project, and the City will not be required to provide further funding for completion of the Corona Station Project. In the event any challenge is brought by a third party concerning this Agreement or City's funding of this Agreement, pP- City may terminate this Agreement in accordance with Section 7, below. u ^'M . � ..,, lµ . � % ?r •.,., � :.,,, lµ . � "^ ' . ', I a , % ", „ ',: i � ., o-, w II 7 .. .,. N F F tl a "M„ , If City elects to defend such third party challenge to this Agreement or City's funding of this Agreement; „,II terminate this Agreement, City shall indemnify, defend, protect, hold harmless, and release SMART, its officials, officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees and costs) arising from or in connection with, or caused by any act, omission, or negligence of the City regarding this Agreement or City's Funding of this Agreement. 4. Corona Station Project,'l m'',. r: xn , Cooperation. The City and SMART agree to cooperate in good faith regarding the Corona Station Project in accordance with this Agreement. To the extent any construction u : • s, rl',• ill i x. rt Il Lease Amendment contemplated herein is subject to approvals of the City or SMART requires cooperation of the City regarding obtaining approvals from other government bodies, the City agrees to cooperate with SMART and not unreasonably withhold City approvals or encroachment permits x . t.. F and to cooperate with SMART concerning obtaining approvals from other government bodies. SMART agrees to cooperate with the City concerning City approvals and coordination related to construction of the Corona Station Project, such as concerning impacts of the Corona Station Project construction on City right of way and traffic, or obtaining City encroachment permits. 5. Depot Lease Amendment. Cn � i"_ 4111, ' City will introduce atl Ordinance approving ati arnendnlcnt to the Depot lease which approval shall be effective 110 later than June 1811/July 1, 2020. City and SMART agree to amend the Depot Lease x r", ° p.. i ".: =,,; i' A Cli I; _ • ... , , ii ,:',i� w ' , I''.; i� ., ..'a N ". i° II '' w,. d U'',; v � N II II n ",,:', w u ', "'..+. w , . ... . , to provide for City's and SMART's shared use of parking spaces on the Depot Property as follows: Upon construction of any needed improvements, signage and striping: (1) SMART patrons may use parking spaces at the Depot during SMART's operational hours and Tenant patrons may use parking spaces at the Depot during the tenants operational hours on a first come first serve basis (2) No other parking will be allowed including; no overnight parking or parking for any residential, retail or commercial uses (3) SMART will be responsible for enforcing parking and restrictions as per other SMART parking facilities. City will provide through other agreement or understanding with new owner of Downtown SMART Property for SMART's continued use of the parking on the Downtown SMART Property and preservation of the existing ingress/egress through the Downtown SMART property to the Depot Property until new owner commences development of the Downtown SMART Property. 6. Tenn. The Tenn of this Agreement will commence upon approval of this Agreement by the City Council and SMART Board, and expire upon SMART's completion of the Corona Station Project ,., : ,u.n o p � Ir''.; i� u' �, ."' u . ":: it '•. a '. ,; ' .. � u': p'. .. �.. � �.. ,., , x n':.. I� I, r .' ^I �',' N.. r;, Ir ° ,.,,,• ,' , ,h „ �.,.,; "' .II^fi - ,,liY',.- �V'.: II, .n. ,',^. °','. .IIS subject to the terms of this Agreement and to applicable regulatory requirements, including but not limited to, those of the California Public Utilities Commission ("CPUC") and the Federal Railway Authority ("FRA"), unless sooner terminated or the Term is otherwise amended in accordance with Section 10. 7. Termination. In the event any challenge is brought by a third parry conceraailag this Agreement or City's 1undJng, of tills Aarcement, the City may terminate this Agrccancllt I -p" V,rll A -re- Caen , m accordance with Section 34 The City and SMART may terminate this Agreement for cause following written notice to the other party or by mutual agreement. hould escrow fail to close on the Downtown SMART property due to Developer's failure to fully perform Jorii I ;'' 1 1 or should City terminate this Agreement prior to closing of escrow in response to a third party challenge to this Agreement or its funding, City shall be entitled to a refund from escrow of $2 million deposit and SMART shall have no further Po > ,., , 1, obligations to CITY. II • ,; '',','„' All .h ”, �: "'� II'.:' II ., h II h .n ^ ^ u II 6 1, r R l, Ai$".` . u "". V II �, M' II II ., Aa§',. iicither '14:I"n, II T Iior City "�. "s toundcr this Agreement C4TYe L 1 R i"Tv Ir" II .,"II' r.'I ��_ y. I/ M 1'• ., Il" .,.�V "/I 8. Liability. This Agreement is not intended to create and may not be construed so as to create any liability of the parties or any standard of care of the parties in excess of that established pursuant to this Agreement and existing law applicable to the parties. Except as otherwise provided in Section 3 neither party will have any liability for the acts or omissions of the other party. 9. Remedies. The remedies available to the City and SMART for breach of the terms of this Agreement will be limited to (1) Specific performance of the obligations of the City to timely perform as provided for in Section 3 °: i:: of this agreement (2) Specific performance of the obligations of SMART x.', ',: ,subject to the terms of this Agreement and to applicable regulatory requirements, including but not limited to, those of the California Public Utilities Commission ("CPUC") and the Federal Railway Authority ("FRA") 10. Amendment. This Agreement may only be amended by a writing signed by authorized representatives of each party. 11. Notice. Unless otherwise requested by a party, all notices, demands, requests, consents or other communications which may be or are required to be given by either party to the other shall be in writing and shall be deemed effective upon service. Notices shall be deemed to 103 have been properly given when served on the party to whom the same is to be given by hand delivery or by deposit in the United States mail addressed to the party as follows: District: Farhad Mansourian, District Manager Sonoma -Marin Area Rail Transit District 5401 Old Redwood Highway Petaluma, CA 94954 City: Peggy Flynn, City Manager 11 English Street Petaluma, CA 94952 When a notice is given by a generally recognized overnight courier service, the notice, invoice or payment shall be deemed received on the next business day. When a notice or payment is sent via United States Mail, it shall be deemed received seventy-two (72) hours after deposit in the United States Mail, registered or certified, return receipt requested, with the postage thereon fully prepaid. In all other instances, notices, and payments shall be effective upon receipt by the recipient. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this paragraph. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Merger. This Agreement contains the entire understanding between the parties, and no statement, promise, or inducement made by either party or agents of the parties that is not contained in this Agreement shall be valid or binding; and this Agreement may not be enlarged, modified, or altered except in accordance with Section 10. 14. Authority. The undersigned represent and warrant that they each have the authority to execute and deliver this Agreement on behalf of each respective party. 15. No Waiver. The waiver by any of the parties of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. 16. Time of the Essence. Time is of the essence in this Agreement and each of its provisions. 17. No Third Party Beneficiaries. Nothinz in this Auccincnt, expresscd or implied, is intended to or shall confer upon the Developer (Lomas Corona Station LLC), any subsequent owner of the "Corona Property"/ "Downtowi7 SMART Property",any sUccessor or assig1n, or any Person other than the parties to this agreement any legal or equitable right, benefit or remedy of any nature tinder or by reason of this Agreement. IN WITNESS WHEREOF, authorized representatives of the City and SMART have each executed this Agreement as of the date first written above. City of Petaluma By: Peggy Flynn, City Manager Attest: By: Claire Cooper, City Clerk Approved as to form: By: Eric W. Danly, City Attorney Sonoma Marin Area Rail Transit District By: Farhad Mansourian, General Manager Approved as to form: By: Thomas F. Lyons, District Counsel 105 1.4 Station Areas 1.4 Station Areas Sonoma -Marin Area Rail Transit (SMART) is a passenger train and multi -use pathway project located in Sonoma and Marin counties. SMART will provide rail service along 70 miles of the historic Northwestern Pacific Railroad align- ment, connecting urban and rural residents of the two counties with jobs, education and health care services in the region. The project revives the long -dormant but pub- licly owned railroad right of way, serving 14 stations from Cloverdale in Sonoma County to the San Francisco -bound ferry terminal in Larkspur in Marin County. Attachment 3 Chapter I: Introduction Due primarily to the economic recession, SMART's revenues are not sufficient to build the entire project as expected by 2014. The SMART Board of Directors - 12 elected officials representing jurisdictions along the cor- ridor - voted in November 2010 to develop the project in phases. The first phase, a 37 -mile rail and trail project connecting the county seats and population centers of San Rafael and Santa Rosa, is scheduled for completion by late 2015. Extensions north and south will be developed as ad- ditional funding is identified. Petaluma Station Area Master Plan 106 .14 r, 0„ Hcaldsburg rr a Wndsor JermingsAvenue Santa Rosa Ralfroad,kilam Ralmn rt Farb catati '4 Road Downtown No"'°Noyth Hamlitan Mari" Ci**k Canter San Rafiwt M'Ru r5,; pFR. SMART S#.o'itn... ...... ... .. 8. �, m., s � Urbuzi .Arrwaa , .1ta t,u Petaluma Station Area Master Plan 106 Chapter 1: Introduction Within the city of Petaluma there are two planned sta tions that will serve Sonoma -Marin Area Rail Transit (SMART). The planned Downtown Petaluma Station will be located at the renovated historic rail depot located adjacent to Lakeville Street and bounded by East Washington Street and East D Street. The Downtown Petaluma Station will provide easy access to the Downtown, the Turning Basin area and the Copeland Street Transit Mall. 1.4 Station Areas The Corona Road Station will be located in northwestern Petaluma in the vicinity of the intersection of Corona Road and North McDowell Boulevard. This site will likely include a significant park-and-ride component while also benefiting from improved access to employment, housing, health services like the Petaluma Health Center, and stu- dent services like Santa Rosa Junior College. The Corona Road Station will be built as part of the second phase. Petaluma Station Area Master Plan 107 lot e \" \ ^: Corona Road Station a ..a x Downtown Petaluma Station i m ` 141 i BOUNDARIES L_ City Limits Urban Growth Boundary (UGB) Rivers and Creeks ae ti Petaluma Station Area Master Plan 107 Chapter 1: Introduction 1.4 Station Areas N Q A -Y J U, Corona Road Station Area a. Petaluma Station Area Master Plan 108 2.9 Corona Road Station Area M114 • • 1 _ • . � � F . I •i _tel 1t� ! Chapter 2: Vision Overview The Corona Road Station will be located in northwestern Petaluma in the vicinity of the intersection of Corona Road and North McDowell Boulevard. In the short-term, the Corona Road SMART Station will likely function as a suburban park-and-ride station. However, in the long term, the Corona Road Station Area may evolve to include transit -oriented development. S �rt�8'd�@&8'1tiiAa PCil.�ii5'?r"a..&;;n.FR•ti,¢Y:;.�1^,'t8':,.ai_+„�lAe-'V?8xt Petaluma Station Area Master Plan 109 Chapter 2: Vision 2.9 Corona Road Station Area Petaluma Station Area Master Plan 16.61 acres 4.07% 81.39 acres Land Use Very Low Density Residential 3.27% Low Density Residential The map above indicates the land use within the Corona.,.,., 8.56 acres Road Station Area (1/2 mile from Station Parcel). The I High Density Residential Station Area is approximately 674 acres, of which 408 is FM Mobile Homes mapped with a land use (remaining 266 acres is composed Neighborhood Commercial primarily of area outside of the UGB, Street ROW, and Community Commercial Highway ROW). The primary land uses are Business Park 4.45 acres (23%) Low Density Residential (20%), and Mobile Homes Mixed Use (14%). Outside of the area designated as Business Park, Business Park 13% of the site has a Commercial (Neighborhood or Com- Public/Semi Public munity) or Mixed-use designation. 42% has some form of Education residential designation, but it is primarily low density. Industrial City Park Open Space Total Petaluma Station Area Master Plan 16.61 acres 4.07% 81.39 acres 19.93% 13.36 acres 3.27% 58.64 acres 14.36% 8.56 acres 2.10% 35.20 acres 8.62% 12.06 acres 2.95% 94.90 acres 23.23% 21.55 acres 5.28% 4.45 acres 1.09% 35.75 acres 8.75% 6.74 acres 1.65% 19.28 acres 4.72% 446.94 acres 100% W 2.9 Corona Road Station Area Chapter 2: Vision Corona Road Opportunity Sites The opportunity sites surrounding the Corona Road Sta- tion are primarily the undeveloped sites or underutilized sites immediately adjacent to the Station Area. The area that has been identified as a UGB Possible Expansion Area to the northeast of Corona Road and the Rail Tracks provides another large opportunity site. How- ever, the expiration of the UGB limits was recently extend- ed to 2025 by ballot initiative and the findings required to incorporate this land into city limits makes it unlikely to be available for redevelopment in the near term. Underutilized sites along N. McDowell Blvd. near the in- tersection at Corona Rd have the potential to redevelop as TOD in the future. Similar to the Downtown, the intent of the Master Plan is not to force the existing uses out, but to provide a vision so that over time as the area develops, TOD will become the highest and best use for these par- cels, providing the land owners with the opportunity and economic incentive to redevelop. The U.S. Post Office Facility that may be closing in 2013 will become a priority opportunity site should it close. Petaluma Station Area Master Plan 111 Chapter 2: Vision Connectivity Improvements In the both the short and long term development scenar- ios, the Corona Station Area will benefit from improved access to the surrounding employment centers, health care facilities, the junior college, and housing. With many of these destinations being located outside the typical walking radius for the station, additional consideration should be given to bicycle and transit connections and facilities in this area The drawing on the opposite page highlights the recom- mended Access and Connectivity improvements within the station area. Additional information on these im- provements can be found in Chapter 5 (Access, Connec- tivity, and Parking). Information regarding the Market Demand and Housing for the Corona Road Station Can be found in Chapter 3 and Chapter 4 respectively. The plan below provided by SMART is the most recent plan proposed for the Corona Road Station at the time of the writing of this document. 2.9 Corona Road Station Area i `Y ^ " Petaluma Station Area Master Plan UWA Chapter 2: Vision Crosswalk Safety lniprov( Mul'ti-Use Path Crossings Bike Parking Station SMART Station Future Multr-Use Path New Streets Unpaved Path New Sidewalks, SMARTR611 Line Existing Off -Street Path New Off -Street Path New Bike Lanes Existing Bike Lanes Existing Signed On-Stree New Signed On -Street Bi� Planned Station Sits Half -Mile Station Buffer N Petaluma Station Area Master Plan 2.9 Corona Road Station Area .Wav 01untain 113 Attachment 4 EXHIBIT A City of Petaluma Traffic Mitigation Fe@. ('11 ' - F hni Prepared by City of Petaluma May 2016 27 This addendum updates Table 3-3 and Tables 3-6 through 3-12 of the Traffic Mitigation Fee Program Update prepared by Fehr & Peers (August 2012). The revised tables incorporate updated cost figures associated with the Redevelopment Supplement of the fee program, establishes a new land use category and fee for gas/service stations, update the methodology from the 2012 fee study, and incorporate new improvement costs associated with parking for the SMART stations and increase the amount of the fee to support right of way acquisition for the Rainier Avenue Extension and Interchange project. Table 3-3 provides the estimated cost of improvements provided by the City of Petaluma. The updated table amends the cost estimates for the Rainier Avenue Extension and Interchange and adds the new SMART station parking to the list of improvements. Improvement Rainier Avenue Extension and Interchange — locally preferred alternative (Alt 2) Caulfield Lane Extension Old Redwood Highway Interchange Improvements Caulfield Lane/Payran Street Intersection Improvements Petaluma Boulevard/Magnolia Avenue — Payran Street Intersection Construction of New Intersections Throughout the City' Traffic Signal Upgrades Throughout the City2 Pedestrian/Bicycle Improvements Throughout the City, Transit Improvements Throughout the City6 Redevelopment Supplement$ SMART Station (350 Parking Spaces)' Total Estimated Costs Total Project Other Net City Cost Cost Funding $114,983,5001 $25,258,4032 $89,725,097 $63,082,240 $8,521,0463 I $54,561,1944 $43,115,000 $40,235,01051 $2,879,990 $5nn,nnn $ - $500;000 $500,000 $ - $500,000 $2,250,0007 $ - $2,250,000 $1,885,000 $ - $1,885,000 $27,389,000 $ - I $27,389,000 $2,500,000 $ - I $2,500,000 $9,972,739 $ - I $9,972,739 $10,500,000 $ -' $10,500,000 $276,677,479 $74,014,459 I $202,663,020 Notes: 1. Covers modified diamond interchange configuration alternative (Alternative 2 of Rainier Avenue Project Study Report), based on cost estimates of Jacobs 2009. 2. Funding includes $7.5M in former Petaluma Community Development Commission (PCDC) funds allocated by City Council and $23AM in local roadway construction costs and dedicated ROW to be covered by development adjacent to the project. 3. Cost of local roadway construction covered by development adjacent to the site. Other funding includes $2,012,726 fair share contribution from Quarry Heights project. 4. Covers bridge only. 5. Funding includes $11.3M in former Petaluma Community Development Commission (PCDC) funds allocated by City Council and $28.9M in a combination of Measure M, SLPP, developer contributions, and Assessment District 21 funds. 6. Includes bus stop improvements, real time transit information system, and signal priority system for transit. 7. Cost reflects six intersections to be constructed. Cost estimate based on 3 signalized intersections and 3 roundabouts. 8. Represents the $18.8M in former Petaluma Community Development Commission (PCDC) agreements currently disputed 28 by the CA Department of Finance (see notes 2 & 5 above). The City will collect this supplement pending resolution of the status of these funds. If the PCDC agreements are recognized, as the City believes they must be, the TMF will be adjusted to remove the Redevelopment Supplement. Adjusted to $9,972,739 to reflect 2014 Bond Proceeds of $8,836,001. 9. Parking needs identified in SMART White Paper No. 11 (February 2008) Source: City of Petaluma, 2015. Table 3-6 presents the growth projections used in the analysis. Compared to the projections used in the 2012 analysis, 65 accessory dwelling units, and 16 gas/service station fuel positions have been added to the growth scenario. Land Use Category Unit 2007 2012 2025 Single -Family DwellingI Dwelling 119 Unit + Unit I 18,251 Multi -Family Dwelling Unit I Dwelling 2,558 879 I Unit 29% Accessory Dwelling Unit Dwelling 2,624 58% Unit I 5,449 I Senior Housing Dwelling 1,554 ! 23,087 I Unit 28% Office KSF 5,820 Hotel/Motel I Room I 682 Commercial/Shopping I KSF I 4,421 Industrial/Warehouse I KSF 5,504 Education I Student 18,036 Institution KSF ( 1,432 Gas/Service Station Fuel I 142 Position Source: City of Petaluma, 2015. 18,266 19,796 2,820 I 6,380 Total Growth % (2012 to Growth 2025) 1,530 8% 3,560 126% 65 1,612 1,731 119 7% 6,044 I 8,676 2,632 44% 682 879 I 197 29% 4,524 7,148 I 2,624 58% 5,027 I 5,449 I 422 8% 18,036 ! 23,087 I 5,051 28% 1,432 1,432 - 0% 142 158 16 11% 29 Table 3-7 recalculates the dwelling unit equivalent (DUE) factors, using updated data from the Institute of Traffic Engineers Trip Generation Handbook, 9th Edition, and SANDAG's Brief Guide of Vehicular Traffic Generation Rates (July 2002). The "Percent New Trips" column need only be multiplied by the peak hour trip rate in order to estimate vehicle trips per unit. Vehicle trips per unit for each land use is then divided by the vehicle trips per single family dwelling unit to determine the DUE factor for each land use. Peak Hour % New Land Use Category Unit s VT per Unit DUE per Trip Trips2 Unit' Rate' Dwelling Single -Family Dwelling Unit 1.01 86% 0.87 1.00 Unit Multi -Family Dwelling Unit' Dwelling 0.62 86% 0.53 0.61 Unit Accessory Dwelling Unit" Dwelling 0.28 86% I 0.24 i 0.28 Unit I a Senior Housing' Dwelling 0.27 86/0 0.23 0.27 Unit Office' KSF 1.49 77% 1.15 1.32 Hotel/Motel Room 0.59 58% 0.34 0.39 Commercial/Shopping' KSF 3.73 45% 1.68 1.93 Industrial/Warehouse' KSF 0.86 79% ( 0.68 ( 0.78 Education10 Student 0.15 57% I 0.09 ( 0.10 Institution" KSF 0.55 64% , 0.35 , 0.41 Gas/Service Station13 Fuel Position 13.38 21% I 2.81 I 3.23 Notes: 1. ITE Trip Generation, 8th Edition, 2008. Rates based on PM peak hour of adjacent traffic. 2. SANDAG Brief Guide of Vehicular Traffic Generation Rates, July 2002. 3. VT (vehicle trip) per unit = peak hour trip rate * % new trips. 4. DUE per unit = VT per unit / VT per single-family dwelling unit 5. ITE Apartment rate used. 6. ITE Senior Adult Housing - Detached rate used. 7. ITE General Office Building (PM peak hour) rate used. 8. ITE Shopping Center rate used for all commercial uses. 9. ITE Industrial Park rate used for all industrial uses. 10. ITE Elementary school (PM peak hour generator) rates used for all educational uses. 11. ITE Church rate used for all general institutional uses, 12. Assuming one person on average lives in accessory unit, use ITE peak hour rate of 0.28 per person. 13. ITE Service Station w/Convenience Market used. Source: Fehr & Peers, 2012. Willdan, 2015. 30 Table 3-8 recalculates the growth in DUE using the revised DUE factors from the preceding table. The growth per dwelling unit, thousand square feet, hotel room, student or fuel position is multiplied by the corresponding DUE factor from Table 3-7 to convert projected growth into DUEs. Using the revised growth scenario and revised DUE factors results in a growth increment of 12,772 DUEs, compared to the 9,096 calculated in the City's 2014 analysis. Total DUEs at buildout have also increased. These adjustments result in new development representing a larger share of total build out DUEs, compared to the 2014 analysis (22.43% v. 19.53%). Land Use Category Unit Total ' DUE per Growth Unit Single -Family Dwelling I Dwelling Unit 1,530 Unit Multi -Family Dwelling Unit I Dwelling Unit I 3,560 Accessory Dwelling Unit I Dwelling Unit I 65 Senior Housing I Dwelling Unit I 119 Office ( KSF I 2,632 Hotel/Motel I Room I 197 Commercial/Shopping I KSF ( 2,624 Industrial/Warehouse I KSF I 422 Education Student I 5,051 Institution KSF i - Gas/Service Station Fuel Position 16 Total New Development DUEs Total Build Out DUEs4 Percentage of Total Build Out DUEs HKII1] 0.61 0.28 0.27 1.32 0.39 1.93 0.78 0.10 U.41 3.23 Growth Converted to DUEs 1,530 2,185 18 32 3,477 78 5,071 330 03 U 52 12,772 56,941 22.43% Notes: 1. Table 3-6: City of Petaluma Travel Demand Model Land Use Projections 2. Table 3-7: City of Petaluma DUE Conversion Factors 3. While a growth in student enrollment is projected, no new schools are anticipated to be constructed. 4. Total Build Out DUEs = DUE per unit * 2012 land use projections (Table 3-6) + total new development DUEs 5. Percentage of Total Build Out DUEs = Total New Development DUEs / Total Build Out DUES Source: Fehr & Peers, 2012. Willdan, 2015. 31 Table 3-9 recalculates new development's share of the intersection projects included in the TIF. Adjustments have been made to projects where the fair share is equal to the new development's share of DUES at buildout. After the adjustments, a larger share of projects has been allocated to new development compared to the 2012 analysis ($1,668,224 v. $1,646, 472). Table 3-10 recalculates new development's share of pedestrian/bicycle projects. The "new miles contribution" is equal to: minimum new miles for new DUE / new miles X new value. This results in an allocation of $8,978,853 worth of pedestrian and bicycle improvements to new development. Existing Bicycle Miles per DUE AN New DUES I Cross -Town Intersection Net City Cost New Development Potential Fee Reliever?2 Share Contribution Industrial @ Corona $300,000 Yes 100% $300,000 Rainier and Maria I $450,000 Yes 100% $450,000 Caulfield and Ely I $450,000 Yes 100% $450,000 Casa Grande / McDowell I $450,000 No I 22.43% I $100,934 Lindberg/Lakeville I $300,000 Yes I 100% $300,000 South McDowell/Lakeville I $300,000 No I 22.43% I $67,290 Total $2,250,000 -- I -- I $1,668,224 Notes: 1. Based on Traffic Impact Mitigation Fee Program Update Memo from the City dated 5/1/12. 2. Based on discussions with the City. Out of the six intersections encompassing the $2.25M cost, only four relieved crosstown traffic and were included 100% in the final fee contribution total. 3. See Table 3-8 City of Petaluma Growth in DUES for calculation detail. Source: Fehr & Peers, 2012. Willdan, 2015. Table 3-10 recalculates new development's share of pedestrian/bicycle projects. The "new miles contribution" is equal to: minimum new miles for new DUE / new miles X new value. This results in an allocation of $8,978,853 worth of pedestrian and bicycle improvements to new development. Existing Bicycle Miles per DUE 0.0017 New DUES I 12772 Minimum Miles for new DUE I 21.6 New Miles' I 65.80 New Valuer I $27,389,000 New Miles Contribution I $8,978,853 % of Total Cost 33% Notes 1. City of Petaluma, 2012 2. 2012 Land Use (per Table 3-6 Travel Demand Model) * DUE per unit (per Table 3-7 DUE Conversion Factors) 3. See Table 3-8 Growth in DUE. 4. =Miles for new DUE/New Miles * New Value Source: Fehr & Peers, 2012. Willdan 2015. 32 Table 3-11 recalculates new development's share of circulation improvement projects based on the adjustments in the preceding tables. In total, $173.4 million in improvement costs are allocated to 12,772 DUES of growth, resulting in a fee of $13,577 per DUE. Potential Fee Contribution $89,725,097 $54,561,194 $2,879,990 $500,000 $500,000 $1,668,224 I� $422,803 I $8,978,853 $560,746 $9,9/2,/.39 $2,355,134 $1,278,262 $173,403,042 12,772 $13,577 $12,949 33 New Improvement Net City Cost Development Share Rainier Avenue Extension and Interchange — locally $89,725,097 100.00% preferred alternative Caulfield Lane Extension $54,561,194 100.00% Old Redwood Highway Interchange Improvements $2,879,990 100.00% Caulfield Lane/Payran Street Intersection $500,000 100.00% Improvements Petaluma Boulevard/Magnolia Avenue — Payran I $500,000 I 100.00% Street Intersection Construction of New Intersections Throughout the $2,250,000 74.14% Cityl Traffic Signal Upgrades Throughout the City' I $1,885,000 I 22.43% Pedestrian/Bicycle Improvements Throughout the I $27,389,000 I 32.78% City Transit Improvements Throughout the City' I $2,500,000 I 22.43% Redevelopment Supplement $9,972,739 100.00% SMART Station (350 Parking Spaces)' $10,500,000 22.43% Administration Costs' -- -- Total I $202,663,020 I -- Projected Growth in DUES' Fee Per DUE Prior Fee per DUES Notes: 1. See Table 3-9 Construction of New Intersections Fee Contributions for calculation detail. 2. See Table 3-8 City of Petaluma Growth in DUES for calculation detail. 3. See Table 3-10 Pedestrian/Bicycle Contribution Calculation for detail. 4. Provided by the City of Petaluma, 2012. 5. Based on Fee per DUE contained in 2015 Addendum 1. Source: Fehr & Peers, 2012. Willdan, 2015. City of Petaluma, 2016. Potential Fee Contribution $89,725,097 $54,561,194 $2,879,990 $500,000 $500,000 $1,668,224 I� $422,803 I $8,978,853 $560,746 $9,9/2,/.39 $2,355,134 $1,278,262 $173,403,042 12,772 $13,577 $12,949 33 Table 3-12 presents the revised traffic impact fees. The revised fee per DUE from Table 3-11 is multiplied by the revised DUE factors from Table 3-7 to determine the fee per land use category. a ®. Land Use Type Unit DUnip1er Fee per DUE 2 Fee Single -Family Dwelling Unit Dwelling Unit 1.00 $13,577 Multi -Family Dwelling Unit I Dwelling Unit I 0.61 I $8,334 Accessory Dwelling Unit Dwelling Unit I 0.28 I I $3,764 Senior Housing I Dwelling Unit I 0.27 I I $3,629 Office I KSF I 1.32 I $17,933 Hotel/Motel ( Room I 0.39 $13,577 I $5,349 Commercial/Shopping I KSF I 1.93 I $26,236 Industrial/Warehouse ( KSF 0.78 I $10,619 Education Student I 0.10 I I $1,336 Institution I KSF I 0.41 I I $5,502 Gas/Service Station I Fuel Position I 3.23 I I $43,919 Notes: 1. Table 3-7 City of Petaluma DUE Conversion Factors 2. Table 3-11 City of Petaluma Circulation Improvements Fee Contributions Source: Fehr & Peers, 2012. Willclan, 2015 34