(3)AR 121509 Environmental Addendum

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SANBAG Minute Action. Attached as Exhibit F is the 2008 Traffic Light Synchronization Program Project Scope, Cost, Schedule and Benefit Baseline Agreement between SANBAG and California Department of Transportation. The Court expressed concern that, based on the City's response to comments, it appeared that SANBAG was still only preparing a Request for Proposal for Tier 4 of SANBAG's Valley Signal Synchronization Program, which would mean that Tier 4 was not funded or scheduled. However, since the April 2008 date of the response to comments letter, Tier 4 has been fully funded and scheduled. The design contract for Tier 4 has been awarded, and the 11 -month design stage is in process. The Tier 4 construction will begin immediately after the design process and is slated for completion by December 2011. (May 20, 2009 SANBAG Minute Action, Agenda Item 3; 2008 Traffic Light Synchronization Program Project Scope, Cost, Schedule and Benefit Baseline Agreement between SANBAG and California Department of Transportation.) Consequently, the SANBAG Valley Signal Synchronization Program, Tier 4, as a funded and scheduled project, can be relied on in determining the Project's traffic baseline. Additionally, as the Court stated in the Ruling on page 11, lines 5-7, if the City could rely on future traffic projects, such as Tier 4, in determining the Project baseline, the description of the level of service at the intersections would be accurate. As illustrated above, the City can rely on the Tier 4 projects and, thus, the description of level of service is accurate. 4. Sufficiency of Traffic Impact Mitigation Measures The Court stated in its Ruling that Rialto's claim of insufficient mitigation measures? is a derivative of the claim that the estimate of the traffic generated by the Project was deficient. (These apparent deficiencies were a result of the High -Cube Warehouse square footage, traffic growth and signal synchronization issues discussed above.) The Court previously stated that since these traffic estimates are not supported by the administrative record, the mitigation measures were insufficient. However, the additional information and analysis above now supports a finding that the traffic estimates are sufficient. Specifically, the confirmation above regarding the basis for the square footage (with respect to the High -Cube Warehouse square footage) ensures that the estimate of traffic generated by the Project was accurate. Similarly, the analysis in this Addendum clarifies how traffic from the Project was incorporated into the traffic growth projections. Finally, confirmation of the status of the SANBAG Valley Signal Synchronization Program, Tier 4, as being funded and scheduled, supports the inclusion of these improvements in the environmental baseline for the Project. Accordingly, based on the above analysis, the City determines that the traffic estimates and conclusions forming the basis for the determination of mitigation measures is now sufficient, and therefore the mitigation measures described in the EIR and the MMRP are likewise sufficient. Rialto claims that the City failed to allocate adequate monetary contributions/fair share fees to Rialto. 10 wc-141612