HomeMy WebLinkAboutCC Resolution 14065 (PW Andersen Dr SMART)RESOLUTION NO. 14065
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE
ANDERSEN DRIVE/SONOMA MARIN AREA RAIL TRANSIT (SMART) RIGHT-OF-WAY
AT -GRADE CROSSING (ALTERNATIVE 6)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in 1997, the City extended Andersen Drive north from the intersection of
Francisco Boulevard West to A Street in Downtown San Rafael. As part of this road extension,
the City paved over the existing railroad track along the former Northwestern Pacific Railroad
right-of-way (now SMART right-of-way). The California Public Utilities Commission (CPUC)
authorized the construction of the road crossing, but ruled that this authorization would expire
once regular train service was scheduled through Andersen Drive. The CPUC ruling directed
that, once train service is scheduled through this crossing, the City must apply to CPUC for
authorization to continue utilization of this road crossing; and
WHEREAS, in the early 2000's, the Sonoma Marin Area Rail Transit Agency (SMART)
was formed to plan for use of the former Northwestern Pacific Railroad right-of-way for
commuter rail service from Cloverdale (Sonoma County) to Larkspur. In 2005, SMART
prepared and certified the Sonoma Marin Rail Transit Final Environmental Impact Report
(FEIR), which analyzed the environmental impacts of developing the commuter rail service from
Cloverdale to Larkspur. While the FEIR analyzed roadway crossings along the rail line, it
acknowledges that the Andersen Drive/SMART at -grade crossing (ref. Crossing MP 16.0) is not
permitted by CPUC, and thus the FEIR did not analyze the current at -grade crossing condition for
the establishment of rail service; and
WHEREAS, in 2006, the Marin and Sonoma voters passed Measure Q, establishing a
sales tax funding for the development of SMART. Phase 1 of SMART, the Initial Operating
System (IOS) is under construction and is scheduled to be completed in 2016; and
WHEREAS, SMART has sought and secured funding for Phase 2, which would extend
the commuter rail service from Downtown San Rafael to Larkspur Landing, which includes a
crossing at Andersen Drive. Federal funding was pursued and the extension project was subject to
environmental review under the National Environmental Protection Act (NEPA); and
WHEREAS, in 2014, in preparation for Phase 2, SMART requested that the City study
and address the Andersen Drive/SMART crossing consistent with the CPUC ruling, which is to
apply for and secure authorization to continue utilization of this crossing with the Phase 2
SMART operations. In response, the City identified and studied options/alternatives for this
crossing; and
WHEREAS, consistent with NEPA Guidelines, an Environmental Assessment was
prepared assessing the environmental impacts of the SMART extension from Downtown San
Rafael to Larkspur. This NEPA document entitled, Downtown San Rafael to Larkspur Extension
Environmental Assessment- SMART (December 2014) was completed and published. The
Environmental Assessment analyzed six Andersen Drive/SMART rail crossing
options/alternatives including Alternative 6, "At -Grade Crossing with Additional Storage
Capacity." On May 20, 2015, the U.S. Department of Transportation, Federal Transit
Administration issued a "Finding of No Significant Impact" (FONSI) based on this
Environmental Assessment. The Environmental Assessment can be accessed for review at
htti)://www2.sonomamarintrain.or2/index.vhD/docs/eir/; and
WHEREAS, the City staff selected Alternative 6 as the preferred crossing design to
pursue CPUC approval. As required by the California Environmental Quality Act (CEQA)
Guidelines, it was determined that the Alternative 6 proposal is defined as a `project,' making it
subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study
was prepared to determine the potential environmental impacts of the project. The Initial Study is
supported by several technical studies and reports, including the analysis of the seven crossing
options/alternatives. These crossing options/alternatives are presented in the City of San Rafael -
Andersen Drive- Report on Analysis of Alternatives to Accommodate Rail Service, Final Report
(January 2015) and the Report of Analysis of Alternatives to Accommodate Rail Service- Analysis
of Alternative 7 (memorandum dated October 9, 2015), which are incorporated as Appendix A of
the Initial Study; and
WHEREAS, in preparing the Initial Study, an offer of tribal consultation was made to
the local Native American Tribe (Federated Indians of Graton Rancheria) consistent with Public
Resources Code Sections 21080.3 and 21080.3.2 (AB 52). On September 15, 2015, the Federated
Indians of Graton Rancheria responded to the offer of consultation requesting specific mitigation
measures that require cultural monitoring during project construction. The Initial Study has
incorporated this request (Mitigation Measure C-1); and
WHEREAS, as demonstrated in the preparation of an Initial Study, the proposed project
would result in a number of significant environmental impacts for which mitigation is
recommended to reduce these impacts to a less -than -significant level. Therefore, consistent with
CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a
Mitigated Negative Declaration; and
WHEREAS, CEQA Guidelines Section 15097 requires that a Mitigation Monitoring and
Reporting Program (MMRP) be prepared to identify how mitigation measures recommended in
the Initial Study will be implemented if the project is approved. The MMRP must identify how
the mitigation measures are met, the entity responsible for carrying out the mitigation and the
timing for completion of the mitigation. The MMRP must be approved prior to or concurrent
with the project. An MMRP has been prepared addressing these requirements and is presented in
attached Exhibit A to this resolution; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on December 15, 2015
(revised December 18, 2015), the City published a Notice of Intent to Adopt a Mitigated Negative
Declaration. The Initial Study/Mitigated Negative Declaration was made available for 40 -day
public review period. Comments received on the Initial Study/Mitigated Negative Declaration
were reviewed and responses have been provided by AECOM, as presented in a memorandum to
the City Council (dated January 27, 2016), which is on file with the City Clerk; and
WHEREAS, on February 1, 2016, the City Council held a duly noticed public hearing to
review and consider the Initial Study/Mitigated Negative Declaration and MMRP, considered all
oral and written public testimony and the written report of the Public Works and Community
Development Departments; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the City Clerk.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the Mitigated
Negative Declaration prepared for the Andersen Drive/SMART At -Grade Crossing (Alternative
6) based on the following findings:
The Initial Study/Mitigated Negative Declaration has been prepared in accordance with
CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael
Environmental Assessment Procedures Manual. Further, in preparing the Initial
Study/Mitigated Negative Declaration, the City followed the steps and procedures
required by Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) by offering
and completing tribal consultation with the local Native American Tribe (Federated
Indians of Graton Rancheria). As a result of this consultation, mitigation measures
required to address potential archaeological resources have been incorporated into the
Mitigated Negative Declaration.
2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum
of 30 days was observed for public comment (40 -days observed commencing on
December 15, 2015 and closing on January 25, 2016). Comments received during the
public review period have been reviewed and responses to these comments have been
provided and are presented in a Memorandum to the City Council from AECOM, dated
January 27, 2016, which is on file with the City Clerk.
The Mitigated Negative Declaration has been presented to the City Council who has
reviewed and considered the information in the Initial Study, which includes technical
studies and assessments supporting the findings and conclusions for adopting a Mitigated
Negative Declaration. Further, the City Council finds that the studies and assessments
prepared for the Initial Study are adequate and complete to support the adoption of a
Mitigated Negative Declaration.
4. The City Council has exercised its independent judgment in evaluating the Initial Study
and has considered the comments received during the public review period and public
hearing. Based on this review, the City Council has determined that the project will: a)
result in potentially significant impacts related to biological resources, cultural resources,
geology and soils, hazards and hazardous materials and noise for which mitigation
measures are required; and b) result in either no environmental impacts or impacts that
are deemed to be less -than -significant in other topic areas listed in the Initial Study
Checklist.
BE IT FURTHER RESOLVED that the City Council approves the Mitigation
Monitoring and Reporting Program (MMRP) to support approval of the Andersen Drive/SMART
At -Grade Crossing project (Alternative 6, At -Grade Crossing with Additional Storage Capacity)
based on the following findings:
1. The MMPR has been prepared consistent with the requirements of CEQA Guidelines
Section 15097 in that it: a) incorporates all mitigation measures recommended in the
Mitigated Negative Declaration; and b) includes the appropriate steps and requirements
to ensure that these mitigation measures are implemented and that impacts are reduced to
levels of less -than -significant.
2. The MMRP meets the requirements of Public Resources Code Sections 21080.3 and
21080.3.2 (AB 52) in that it acknowledges completion of required consultation with the
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local Native American Tribe and incorporates measures (Mitigation Measure C-1) to
ensure that the potential for encountering cultural resources are addressed during
construction.
I, ESTHER BEIRNE, City Clerk of the City of San Rafael hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City Council
of said City held on Monday, February 1, 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: Gamblin
ABSENT: COUNCILMEMBERS: Bushey
st ,
ESTHER C. BEIRNE, City Clerk
Attachment: EXHIBIT A- Mitigation Monitoring and Reporting Program (MMRP)
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