Item 12 - 10th Street and Flower Street Improvements

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Final Initial Studv and Mitiaated Neaative Declaration of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MILD) for the Project (Section 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MILD, the NAHC can mediate (Section 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no -work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Geology and Soils GEO-1: Unanticipated Discovery of Paleontological Resources. If paleontological resources are discovered during construction, all work must halt within a 100-foot radius of the discovery and a qualified paleontologist will be retained to evaluate the find. The paleontologist shall notify the lead agency if the find is significant. The paleontologist shall evaluate the significance of the find and shall have the authority to modify the no -work radius as appropriate, using professional judgment. The qualified paleontologist will evaluate the significance of the find and recommend appropriate measures forthe disposition of the find (e.g., fossil recovery, curation, data recovery, and/or monitoring). Construction activities may continue on other parts of the construction site while evaluation and treatment of the paleontological resource takes place. Noise N0I-1: Hours of Construction. Project construction shall be limited to the City standard exempted hours of 7:00 a.m. through 5:00 p.m., Monday through Friday. All Project construction is prohibited on Sundays. Tribal Cultural Resources TCR-1: Monitoring Agreement. Prior to the commencement of ground disturbing activities, the City shall extend the offer to enter into a tribal monitoring agreement with the Gabrieleno Band of Mission Indians— Kizh Nation, GabrielinoTongva Indians of California, and Juaneno Band of Mission Indians, Acjachemen Nation. The offer to execute a monitor agreement shall be made at least 30 days prior to the commencement ofany "ground -disturbing activity' for the subject project at all project locations (i.e., both on -site and any off -site locations that Final Mitigated Negative Declaration 3 October 2024 10th and Flower Street Park Project 2023-145