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HomeMy WebLinkAboutTC Res 2008-09-17 (2) RESOLUTION NO. 43-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING AN UPDATED TIBURON BICYCLE AND PEDESTRIAN MASTER PLAN AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town of Tiburon is proposing to adopt a comprehensively updated Bicycle and Pedestrian Master Plan (BPMP). The BPMP addresses a variety of issues related to bicycle and pedestrian transportation in Tiburon while meeting the California Bicycle- Transportation Act requirements for such Plans. B. The Tiburon Planning Division prepared an Initial Study for this project and determined that a Mitigated Negative Declaration was appropriate for the project pursuant to the requirements of the California Environmental Quality Act (CEQA). D. On August 13,2008, a Draft Mitigated Negative Declaration (DMND) was completed and the mitigation measures identified were agreed to by the Town. Notices of the availability of the DMND were publicly posted and advertised in the Ark newspaper to announce a 30-day public review and comment period from August 15, 2008 to September 15, 2008 on the Initial Study/Draft Mitigated Negative Declaration, in conformance with CEQA requirements. A notice of public meeting on the Draft Mitigated Negative Declaration and the project was also publicly posted, and published in the Ark newspaper. E. The Town Council held a duly noticed public meeting on September 17,2008 and heard and considered testimony from interested persons. The Town Council found that no substantial evidence in support of a fair argument that the project would result in an adverse impact on the environment had been received, and that adoption of the Mitigated Negative Declaration was in order. The Town Council further found that the Tiburon Bicycle and Pedestrian Master Plan Update would be consistent with polices within the Circulation Element of the Tiburon General Plan, specifically the policy that encourages connection of Downtown pedestrian and bicycle trails with other trails in Tiburon (Policy C-22), and the policy calling for pedestrian routes, especially for school children, for all neighborhoods (Policy C-24). The Town Council found that adoption of the BPMP would further the goals and objectives of the General Plan and would be consistent with it. TIBURON TOWN COUNCIL RESOLUTION 43-2008 SEPTEMBER 17. 2008 Section 2. Adoption of Mitigated Negative Declaration. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the Mitigated Negative Declaration for the project. Section 3. Adoption of Bicycle Pedestrian Master Plan & Mitigation Monitoring Program. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the Bicycle and Pedestrian Master Plan and the Mitigation Monitoring Program for the Plan, attached hereto as Exhibit" A" and incorporated herein. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 17, 2008, by the following vote: AYES: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz NOES: COUNCILMEMBERS: None ATTE/sr: )1,{//, (" (~'. .... (Llc ".' . "J II DIANE CRANE IACOPI, TOwN CLERK TIBURON TOWN COUNCIL RESOLUTION 43-2008 SEPTEMBER 17, 2008 2 EXHIBIT 'A' MITIGATION MONITORING PROGRAM TIBURON BICYCLE AND PEDESTRIAN MASTER PLAN UPDATE FILE # S2008-01 The mitigation measures required to reduce the potentially-significant impacts of the project to a less-than-significant level are as follows: Mitieation Measure Air Quality - 1: Construction sites shall be watered during construction to reduce fugitive dust impacts on air quality. Implementation Procedure: The Building Inspector or Contract Inspector shall observe all construction sites during inspections to ensure effectiveness of watering on minimizing fugitive dust impacts. Non-Compliance Sanction: Failure to comply with site watering requirements or observation of fugitive dust will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods. Mitieation Measure Cultural-I: If, during construction activities, any archaeological artifacts or human remains are encountered, the following measures shall be implemented: a. Construction shall cease and a qualified archaeologist shall visit the site to address the find. The Marin County Medical Examiner's office shall be notified to provide proper direction on how to proceed. If any Native American resources are encountered during construction, construction shall cease immediately until a Native American descendant, appointed by the Native American Heritage Commission of the State of California, is able to evaluate the site, make further recommendations, and be involved in mitigation planning. b. Any artifacts or samples collected as part of the initial discovery or monitoring must be properly conserved, catalogued, analyzed, evaluated, and curated in a manner consistent with current professional archaeological standards. c. The project sponsor is responsible for notifying the contractor in writing of the possibility of such findings and shall provide proof of this communication to the Town Planning Division staff prior to the onset of construction. TIBURON TOWN COUNCIL RESOLUTION 43-2008 SEPTEMBER 17, 2008 3 Implementation Procedure: Contractor or sub-contractor shall follow the mitigation procedure in the event that archaeological artifacts or human remains are encountered during construction activities. Non-Compliance Sanction: Failure to comply with the mitigation procedure will result in stop work orders, fines, penalties, and prosecution under applicable state and federal laws. Mitieation Measure Noise - 1: All construction activity shall comply with the Town's limitations on construction hours as set forth in Chapter 13 of the Tiburon Municipal Code. However, for projects included in the Bicycle-Pedestrian Master Plan, there shall be no construction activities on Saturdays, Sundays, or Town-observed holidays. Implementation Procedure: Ensure contractor or sub-contractor is aware of the Town's limited construction hours, including those for use of heavy equipment. Building inspector shall ensure that these appear on the job card. Building inspector and Police Department would enforce this measure. Non-Compliance Sanction: Police Department and/or Building Inspector to issue citations and/or halt construction. TIBURON TOWN COUNCIL RESOLUTION 43-2008 SEPTEMBER 17. 2008 4