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Home My WebLink AboutTC Res 2009-06-17 (12)RESOLUTION NO. 20-2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MITIGATED NEGATIVE DECLARATION AND ASSOCIATED MITIGATION MONITORING PROGRAMS FOR THE SAFE ROUTES TO SCHOOL (SR2S) AND NON-MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) IMPROVEMENT PROJECTS WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town of Tiburon is proposing to construct pedestrian improvements in the vicinity of the Del Mar Middle School as well as make improvements to three existing paths located at Raccoon Lane, Cayford Drive, and the pedestrian connector from Jefferson Drive to Reed Ranch Road. The physical improvements associated with this program would take place at twelve discontinuous locations throughout Tiburon and include sidewalk widening, repainting and enhancing crosswalk striping, improving sidewalk ramps, and improving paths and stairs. Said improvements are depicted on'drawings dated February 20, 2009 (8 sheets) for the SR2S project and October 15, 2008 (8 sheets) for the NTPP project, both sets of drawings prepared by Harrison Engineering, Inc., and on file and available for public review in the Tiburon Planning Division offices. B. The Tiburon Planning Division prepared an initial study, which concluded that there were no potentially significant environmental effects related to the project that could not be mitigated through implementation of the mitigation measures agreed to in advance by the Town. C. On April 24, 2009, a Draft Mitigated Negative Declaration was circulated for public and agency comment. Notices of such availability were mailed to persons and agencies as required by law, posted, and advertised in the Ark newspaper to announce a public review period that ended on May 27, 2009. The notice included information on the scheduled public hearing on the project application. Two comment letters were received during the comment period. D. The Town Council finds that no substantial evidence has been received that would support a fair argument that a significant environmental effect would result from the project after implementation of the mitigation measures. E. The Town Council finds that the Mitigated Negative Declaration reflects the Town Council's independent judgment and analysis. Tiburon Town Council Resolution No. 20-2009 June 17, 2009 F. The Town Council finds that the Custodian of Documents for the project is the Director of Community Development for the Town of Tiburon, whose offices are located at 1505 Tiburon Boulevard, Tiburon, California. Section 2. Adoption of Mitigated Negative Declaration. NOW, THEREFORE, BE IT RESOLVED that the Town-Council adopts the Mitigated Negative Declaration for the SR2S and NTPP projects. Section 3. Approval of Mitigation Monitoring _Programs. BE IT FURTHER RESOLVED that the Town Council hereby adopts mitigation monitoring programs for each project, as set forth in attached Exhibits "1" and "2", both incorporated herein. The Director of Community Development is directed to file the Notices of Determination with the Marin County Clerk and the Governor's Office of Planning & Research (State Clearinghouse) within five (5) working days of this approval. PASSED AND ADOPTED at a regular meeting of the Town Council on June 17, 2009, by the following vote: AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Berger, Collins, Fredericks, Slavitz Gram ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIAE CRANE IA P,TO CLERK Attachments: Exhibit 1 MMP for SR2S Exhibit 2 MMP for NTPP Tiburon Town Council Resolution No. 20-2009 June 17, 2009 2 EXHIBIT 1 MITIGATION MONITORING PROGRAM SAFE ROUTES TO SCHOOL (SR2S) The mitigation measures required to reduce the potentially-significant impacts of the project to a less-than-significant level are as follows: Mitigation Measure Cultural -1: 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 M Native American resources are encountered during construction, construction shall cease immediately 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 staff prior to the onset of construction. 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. Mitigation 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 this specific project there shall be no construction activities on Saturday or Sunday. Tiburon Town Council Resolution No. 20-2009 June 17, 2009 3 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 No. 20-2009 June 17, 2009 4 EXHIBIT 2 MITIGATION MONITORING PROGRAM NON-MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) The mitigation measures required to reduce the potentially-significant impacts of the project to a less-than-significant level are as follows: Mitigation Measure Cultural -1: If, during construction activities, any archaeological artifacts or human remains are encountered, the following measures shall be implemented: d. 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 duriconstruction, 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 e. 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. f. 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 staff prior to the onset of construction. 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. Miti!ation 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 this specific project there shall be no construction activities on Saturday or Sunday. Tiburon Town Council Resolution No. 20-2009 June 17, 2009 5 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 No. 20-2009 June 17, 2009 6