KEISER PARK MASTER PLAN

KEISER PARK MASTER PLAN Final Environmental Impact Report Prepared for May 2008 Town of Windsor

KEISER PARK MASTER PLAN Final Environmental Impact Report Prepared for May 2008 Town of Windsor 225 Bush Street Suite 1700 San Francisco, CA 94104 415.896.5900 www.esassoc.com Los Angeles Oakland Petaluma Portland Sacramento San Diego Seattle Tampa Woodland Hills 206050

TABLE OF CONTENTS Keiser Park Master Plan Final Environmental Impact Report Page 1. Introduction A. CEQA Process... 1-1 B. Organization of the Final EIR... 1-2 2. Changes to the Draft EIR A. Revisions to the Project Description... 2-1 B. Text Changes to the Draft EIR... 2-2 3. Commenters on the Draft EIR A. Agencies, Organizations, and Individuals Commenting in Writing... 3-1 4. Responses to Written Comments on the Draft EIR A. Department of Transportation (Caltrans)... 4-2 B. Native American Heritage Commission... 4-4 C. Tomaras and Ogas, LLP... 4-7 D. Windsor Coalition on Families and Youth... 4-12 E. Sonoma County Water Agency... 4-14 Keiser Park Master Plan i ESA / 206050 Final Environmental Impact Report May 2008

CHAPTER 1 Introduction A. CEQA Process On February 28, 2008 the Town of Windsor (Lead Agency) released for public review a Draft Environmental Impact Report (Draft EIR or DEIR) for the Keiser Park Master Plan. The 45-day public review and comment period on the Draft EIR began on February 28, 2008 and closed at 5:00 p.m. on April 14, 2008. The Draft EIR for the Keiser Park Master Plan, together with this response to comments document, constitute the Final Environmental Impact Report (Final EIR or FEIR) for the project. 1 The Final EIR is an informational document prepared by the Lead Agency that must be considered by decisionmakers (including the Windsor Town Council) before approving or denying the proposed project. The Town of Windsor (Lead Agency) has prepared this document pursuant to the California Environmental Quality Act (CEQA) Guidelines. Section 15132 of the CEQA Guidelines specifies the following: The Final EIR shall consist of: (a) (b) (c) (d) (e) The Draft EIR or a revision of that draft. Comments and recommendations received on the Draft EIR either verbatim or in a summary. A list of persons, organizations, and public agencies commenting on the Draft EIR. The response of the Lead Agency to significant environmental points raised in review and consultation process. Any other information added by the Lead Agency. This Final EIR incorporates comments from public agencies and the general public and contains appropriate responses by the Lead Agency to those comments. 1 The commonly used term EIR is used in this document to refer to the Draft EIR combined with this document. This document is referred to as Final EIR, its commonly used and practical title. Keiser Park Master Plan 1-1 ESA / 206050 Final Environmental Impact Report May 2008

1. Introduction B. Organization of the Final EIR This document contains information that responds to issues and comments raised during the public comment period on the Draft EIR. The document is organized as follows after this introductory chapter. Chapter 2, Changes to the Draft EIR, contains changes and corrections to the Draft EIR initiated by the Lead Agency or resulting from comments on the Draft EIR. Chapter 3, Agencies, Organizations and Individuals Commenting on the Draft EIR, lists all agencies, organizations, and persons that submitted written comments on the Draft EIR during the public review and comment period. The list also indicates the receipt date of each written correspondence. Chapter 4, Responses to Written Comments on the Draft EIR, contains comment letters received during the review and comment period. The responses to the comments are provided following each letter. Keiser Park Master Plan 1-2 ESA / 206050 Final Environmental Impact Report May 2008

CHAPTER 2 Changes to the Draft EIR The text changes presented in this chapter are initiated by Lead Agency staff or by comments on the DEIR. Changes include text corrections to the DEIR in cases where the existing text may have allowed for misinterpretation of the information. Throughout this chapter, newly added text is shown in underline format, and deleted text is shown in strikeout format. For changes initiated by comments on the DEIR, the alpha-numeric comment designator is indicated at the end of the revision in italics. Where no comment number is given, the change is initiated by the Town of Windsor. This Final EIR/Response to Comments document, combined with the Draft EIR, constitutes the Final EIR. 1 A. Revisions to the Project Description There were no changes to the text of the Project Description based on comments received. B. Text Changes to the DEIR The following text of the following mitigation measure is revised as follows: The text on p. 4.D-10of the DEIR, Mitigation Measure D-3 is revised as follows (Comment C-5): Mitigation Measure D-3: If human remains are encountered unexpectedly during construction excavation and grading activities, State Health and Safety Code 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC 5097.98. If the remains are determined to be of Native American descent, the Native American Heritage Commission (NAHC) shall be contacted within a reasonable timeframe. the coroner has 24 hours to notify the NAHC. The NAHC will then identify the person(s) thought to be the Most Likely Descendent of the deceased Native American., who will then help determine what course of action should be taken in dealing with the remains. The MLD shall thenn make recommendations, and engage in consultations concerning the treatment of the remains as provided in PRC 5097.98. 1 This Response to Comments document is also referred to as simply, Final EIR, its commonly used and practical title. Keiser Park Master Plan 2-1 ESA / 206050 Final Environmental Impact Report May 2008

CHAPTER 3 Commenters on the Draft EIR A. Agencies, Organizations, and Individuals Commenting in Writing The following agencies, organizations and individuals submitted written comments on the Draft EIR (DEIR) within the public comment period of February 28, 2008 through 5:00 p.m. on April 14, 2008, as officially noticed in the February 28, 2008 Notice of Release and Availability of the Draft EIR. The following lists correspondence in the order it was received by the Town of Windsor. (In cases where there is no official indication of the received date/time, reference is made to the date of the correspondence.) COMMENTORS Designator Public Agency, Organization, or Individual Correspondence Received Correspondence Dated A Department of Transportation (Caltrans) 4-10-08 4-7-08 B Native American Heritage Commission 3-10-08 3-3-08 C Tomaras and Ogas, LLP 4-1-08 4-1-08 D Windsor Coalition on Families and Youth 4/14/08 4/14/08 E Sonoma County Water Agency 4/14/08 4/11/08 Keiser Park Master Plan 3-1 ESA / 206050 Final Environmental Impact Report May 2008

CHAPTER 4 Responses to Comments on the Draft EIR This chapter includes copies of the written comment letters received during the public review period on the Draft EIR and responses to those written comments. No oral comments were received. Letters are presented in the order of the listing in Chapter 3, Commenters on the Draft EIR. Letters are generally listed chronologically according the date received indicated by the Town of Windsor. Each letter is identified by an alphabetical designator. Individual comments within each letter are identified by an alphanumeric designator that reflects the correspondence designator (alpha) and the sequence of the specific comment (numeric). Where responses result in changes to information in the Draft EIR, these changes are indicated in the response as well as Chapter 2 of this document, generally in order of its occurrence in the Draft EIR document. Keiser Park Master Plan 4-1 ESA / 206050 Final Environmental Impact Report May 2008

Comment Letter A

4. Responses to Written Comments Letter A: Department of Transportation A-1: As stated on page 4.K-7 of the DEIR, The Institute of Transportation Engineers (ITE) Trip Generation (2003) was not used in this analysis because the proposed land uses are better reflected in the survey data published in San Diego Traffic Generators (2002). The Developed Urban Park category in that survey included meeting facilities, swimming pools, ball fields and picnic areas. The San Diego Traffic Generator is a widely accepted trip generation resource in the traffic engineering community when ITE s Trip Generation land uses don t readily match a proposed project description. The Town s traffic consultant has reviewed the daily park trip rates for both the ITE and San Diego surveys and is confident that the lower rates used in the DEIR are appropriate because the uses in the San Diego survey align with the proposed uses under the Keiser Park Master Plan. Keiser Park Master Plan 4-3 ESA / 206050 Final Environmental Impact Report May 2008

Comment Letter B

Comment Letter B

4. Responses to Written Comments Letter B: Native American Heritage Commission B-1: As stated on page 4.D-7 of the DEIR under Methods, an archival search, Native American consultation, and archeological inventory survey were performed as part of the cultural analysis of the site. The record search failed to indicate the presence of any known artifacts in the Park. However, as absence of records does not preclude the existence of cultural resources, Mitigation Measures D-1 though D-4, outlined in the DEIR (with minor revisions to Mitigation Measure D-3 as shown in Chapter 2 of this FEIR) would protect any resources discovered during project construction. Keiser Park Master Plan 4-6 ESA / 206050 Final Environmental Impact Report May 2008

Comment Letter C TOMARAS & OGAS, LLP 10755-F SCRIPPS POWAY PARKWAY #281 SAN DIEGO, CALIFORNIA 92131 TELEPHONE (858) 554-0550 FACSIMILE (858) 777-5765 WWW.MTOWLAW.COM Kathryn A. Ogas Brenda L. Tomaras kogas@mtowlaw.com btomaras@mtowlaw.com April 1, 2008 VIA E-Mail and U.S. MAIL Ms. Donna Legge, Community Services Director Town of Windsor 9291 Old Redwood Highway P.O. Box 100 Windsor, CA 95492 Re: Comments on Draft Environmental Impact Report for the Keiser Park Master Plan Dear Ms. Legge: This comment letter is submitted on behalf of the Lytton Band of Pomo Indians (hereinafter, Lytton Band or Tribe ), a federally recognized Indian tribe and sovereign government. The Lytton Tribe submits the following comments on the Draft Environmental Impact Report (DEIR) for the Keiser Pakr Master Plan. We request that these comments, as well as any subsequent comments submitted by the Lytton Tribe, be included in the record for approval of the Project. REQUESTED NOTICE AND INVOLVEMENT As noted in our response to the SB18 notice for this Project, the Lytton Tribe formally requests, pursuant to Public Resources Code 21092.2, to be notified and involved in the entire environmental review process under CEQA during this Project. This includes adding the Tribe to your distribution list(s) for public notices and public circulation of all documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project.

Letter to Donna Legge Re: Keiser Park Page 2 Comment Letter C THE LEAD AGENCY MUST INCLUDE INVOLVEMENT OF AND CONSULTATION WITH THE TRIBE IN ITS REVIEW PROCESS It has been the intent of the Federal Government 1 and the State of California 2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other governmental concerns. The responsibility to consult with Indian tribes stems from the unique government-to-government relationship between the United States and Indian tribes. This arises when tribal interests are affected by the actions of governmental agencies and departments such as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within Lytton Tribe s traditional territory and the Tribe appreciates the Town of Windsor s willingness to consult with the Tribe on this Project, as well as to keep the Tribe informed of the progress of this Project. LYTTON TRIBA CULTURAL AFFILIATION TO THE PROJECT AREA AND PROJECT IMPACTS TO CULTURAL RESOURCES The Lytton Band is not opposed to this development project in the Town of Windsor. The Tribe s primary concerns stem from the project s likely impacts on Native American cultural resources. The Lytton Band has a legal and cultural interest in the proper protection of sacred places and all Pomo cultural resources. The Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Pomo village sites and archaeological items which would be displaced by development, and with the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of development and improvements the Project Area. The Pomo people traditionally occupied the geographical area known today as the County of Sonoma for thousands of years, including the area within the Town of Windsor. This is verified through stories and songs of the Pomo people that are cultural evidence of the Tribe s cultural affiliation with these lands. Occupation is also evidenced through the location of the Tribe s prior reservation, anthropological studies, archaeological studies, and histories of the area. In addition, Tribal ties to these territories have been maintained to the present day through cultural and governmental actions. Pursuant to the DEIR and discussions the Tribe has had with you and with the archaeological consultant, it appears that there are no known cultural resources in the Project area and ground disturbance will be within limited areas. Nevertheless, there is always a potential for inadvertent discoveries of cultural resources. Therefore, the Tribe requests that in 1 See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American Tribal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments. 2 See California Public Resource Code 5097.9 et seq. and Cal. Govt. Code 65351, 65352, 65352.3 and 65352.4.

Letter to Donna Legge Re: Keiser Park Page 3 Comment Letter C the case of discovery of new or additional sites, that the Town of Windsor re-evaluate the Project impacts to cultural resources and adopt appropriate mitigation measures to address such. Further, certain aspects of the Project will entail large amounts of ground disturbance (i.e., construction of the pools) and the Tribe would request that the Town of Windsor consider requiring archaeological monitoring during these phases of the Project. Given that Native American cultural resources may be affected by the Project, the Tribe should be allowed to be involved and participate with the Town of Windsor in developing all monitoring and mitigation plans for the duration of the Project. Finally, the Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for the Project must account for this. According to the California Public Resources Code, 5097.98, if Native American human remains are discovered, the Native American Heritage commission must name a most likely descendant, who shall be consulted as to the appropriate disposition of the remains. DRAFT EIR AND MITIGATION MEASURES Environmental Impact Reports must provide adequate protection for significant archaeological and cultural sites and adequately follow the provisions of CEQA and its Guidelines, including Calif. Pub. Res. Code 21083.2(b) (avoidance as preferred method of preservation of archaeological resources), CEQA Guidelines 15126.4(b)(3) (agencies should avoid effects on historical resources of archaeological nature), and CEQA Guidelines 15020 (lead agency responsible for adequacy of environmental documents). The Tribe appreciates that the Town of Windsor already has policies which require additional investigation of inadvertent finds and consultation with the Tribe in the creation of any necessary treatment plans. The Tribe would, however, like to suggest some revisions to mitigation measure D-3 since the text of PRC 5097.98 has recently been revised 3. The Tribe believes that the following revision to the mitigation measure will bring it in conformance with the actual text of the code section. Mitigation Measure D-3: If human remains are encountered unexpectedly during construction excavation and grading activities, State Health and Safety Code 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC 5097.98. If the remains are determined to be of Native American descent, the Native American Heritage Commission (NAHC) shall be contacted within a reasonable timeframe. the coroner has 24 hours to notify the NAHC. The NAHC will then identify the person(s) thought to be the Most Likely Descendent (MLD) of the deceased Native American., who will then help determine what course of action should be taken in dealing with the remains. The MLD shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in PRC 5097.98. 3 A copy of the current version of the Code is attached.

Letter to Donna Legge Re: Keiser Park Page 4 Comment Letter C The Lytton Tribe looks forward to working together with the Town of Windsor and other interested agencies in protecting any invaluable Pomo cultural resources found in the Project area. Should you have any questions, please do not hesitate to contact me. Very truly yours, TOMARAS & OGAS, LLP Brenda L. Tomaras Brenda L. Tomaras Attorneys for the Lytton Rancheria of California Enclosure

4. Responses to Written Comments Letter C: Tomaras and Ogas, LLP C-1: As stated on page 4.D-7 of the DEIR, a letter announcing the proposed project, with an attached map highlighting the location of the project area, was mailed to Lisa Miller, Tribal Administrator for the Lytton Rancheria Band of Pomo Indians on January 23, 2008. On February 11, 2008, a letter response was received from Brenda L. Tomaras of Tomaras & Ogas, LLP who represents the Lytton Band. Ms Tomaras reiterated the Tribe s commitment to the protection and preservation of Pomo artifacts and archaeological sites. Ms. Tomaras requested that special attention be given so as to ensure the protection of previously undiscovered resources and that if any Pomo artifacts or sites were discovered or human remains encountered during the course of project activities, the Tribe requests that they be contacted immediately. It was also requested that the Tribe be forwarded a copy of the cultural survey for comment, should permission be permitted. C-2: The Lytton Tribe s request for involvement in the CEQA review of the project has been noted. The Town will include the Tribe on future distribution lists for the project. The Tribe will be contacted for a face-to-face consultation on this Project if new information arises or inadvertent discoveries are made during construction. C-3: The Lytton Tribe s request for consultation with the Town on this project will be honored. The Town will keep the Tribe informed of the progress of this Project as stated in Response C-2. C-4: As noted in the DEIR, and acknowledged in the letter, the record search failed to indicate the presence of any known artifacts in the Park. However, as absence of records does not preclude the existence of cultural resources, Mitigation Measures D-1 though D-4, (with minor revisions to Mitigation Measure D-3 as shown in Chapter 2 of this FEIR) outlined in the DEIR would protect any resources discovered during project construction. C-5: The following text as been modified to address updates to the Code per PRC 5097.98, to read as follows: Mitigation Measure D-3: If human remains are encountered unexpectedly during construction excavation and grading activities, State Health and Safety Code 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC 5097.98. If the remains are determined to be of Native American descent, the Native American Heritage Commission (NAHC) shall be contacted within a reasonable timeframe. the coroner has 24 hours to notify the NAHC. The NAHC will then identify the person(s) thought to be the Most Likely Descendent of the deceased Native American., who will then help determine what course of action should be taken in dealing with the remains. The MLD shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in PRC 5097.98. Keiser Park Master Plan 4-11 ESA / 206050 Final Environmental Impact Report May 2008

Comment Letter D Windsor Coalition on Families and Youth Comments for Town of Windsor Council on Keiser Park Draft Environmental Impact Report Windsor Coalition on Families and Youth (WCOFY) The WCOFY is a local community group comprised of drug and alcohol counselors, Windsor Unified School District staff, town council members, and non-profit agency representatives working to prevent underage alcohol consumption in Windsor. The coalition is currently examining the environments and conditions in which youth drink alcohol. The WCOFY understands that the Draft EIR for Keiser Park at 700 Windsor River Road is being reviewed for the purpose of evaluating environmental effects of new construction in the park. The WCOFY also understands that there is no immediate plan to begin major construction; however would like to comment on the current environment in Keiser Park related to underage alcohol use. In October 2007, The Windsor Coalition on Families and Youth administered a survey to 181 teens at Windsor High School on the prevalence of and location in which youth drink alcohol. A large percentage of Windsor youth who were surveyed indicated that underage drinking occurs in local parks. Professional sources including school staff, non-profit agency providers, and substance use counselors, report that youth indicate Keiser Park as the most accessible and popular park in which to drink. Police and youth report that it is difficult to prevent underage drinking in Keiser Park even while police are patrolling the area. Youth are able to see the officer s car as it enters the park and given the layout, they are able to exit the park before an officer can reach them. Youth and professionals indicated that Keiser Park is an ideal place for underage drinking due to the layout, lack of lighting, and number of entrances/exits. The Coalition realizes that a Master Plan has been established for future construction and additions to the park. We respectfully submit these comments with the intent of advising the Council of the reported issues and to ask for consideration of these issues when preparing the finalized plan for the Keiser Park renovations. Respectfully, The Windsor Coalition on Families and Youth Contact Information: Suzy Gunter, MA Circuit Rider Productions, Inc. 9619 Old Redwood Highway Windsor, CA 95492 sgunter@crpinc.org (707) 838-6641 Ext. 260

4. Responses to Written Comments Letter D: Windsor Coalition on Families and Youth D-1: As described in the Project Description (Chapter 3) of the DEIR, and illustrated in Figure 3-3, implementation of the proposed Keiser Park Master Plan would provide additional recreational opportunities at the park. By developing Keiser Park with recreational facilities, lighting and new driveways, secluded areas that have been ideal for underage drinking would be fewer. In addition, as stated on page 4.J-6 of the DEIR, although the proposed park expansion has the potential to incrementally increase the number of calls for police protection services due to increased recreational activities a the park, it is unlikely to trigger the need for new or expanded police facilities. Keiser Park Master Plan 4-13 ESA / 206050 Final Environmental Impact Report May 2008

Comment Letter E

Comment Letter E

4. Responses to Written Comments Letter E: Sonoma County Water Agency E-1: As stated on page 4.G-8 of the DEIR, the proposed project would, in addition to the Sonoma County Agency s Flood Control Design Criteria, be required to adhere to the Sonoma County Stormwater Urban Stormwater Management Plan (SUSMP) and any post construction stormwater quality control measures that may apply. These measures are designed to protect local drainages from incurring additional flows that would impact flood capacities. E-2: As stated on page 4.G-1 of the DEIR, the proposed project site is located in the Mark West Creek Watershed and is adjacent to the Starr Creek. A tributary to Starr Creek runs across the project site. As mentioned above, the adherence to SUSMP requirements would ensure that the capacity of receiving waterways would be less than significant with implementation of source controls, if required. None of the project elements are located within the 100-year floodplain as stated on page 4.G-2 of the DEIR. The cumulative analysis, on page 4.G-9 of the DEIR, includes the various regulatory requirements which have been developed to control regional effects to water quality and flood capacities of waterways. Therefore, with adherence to these requirements the cumulative impact would be less than significant. Keiser Park Master Plan 4-16 ESA / 206050 Final Environmental Impact Report May 2008