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HomeMy WebLinkAbout2020-097 - Adopting the Mitigated Negative Declaration and Mitigationjmf 11/3/20 RESOLUTION NO. 2020-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE WELL NO. 29 IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City is proposing to improve and rehabilitate its Well No. 29, located at 722 West 1st Street, at the southeast corner of the intersection of South Flower Street and West 1st Street ("Proposed Project"). Well No. 29 was constructed in 1980 and has not been operational since late 2016. B. Well No. 29 is one of three wells pumping water from the groundwater basin to the Walnut Street Reservoir as part of the City's Walnut Pump Station System. Due to the age of the well and the deterioration of the well's capacity and equipment, the City wishes to rehabilitate Well No. 29 and reconfigure the existing site. Rehabilitation of the well is necessary to clean the louvered casing in an effort to regain the losses experienced in the specific capacity value of the well over time. C. The Proposed Project includes the construction of anew building, water pumping equipment, and related site improvements, as well as the relocation of an existing City -owned tennis court adjacent to the well site. D. The Proposed Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study/Mitigated Negative Declaration ("IS/MND") for the Proposed Project. E. Based on the IS/MND, the Proposed Project would have no impact or less than significant impacts in the following environmental areas: aesthetics, agriculture and forest resources, air quality, energy, greenhouse gases, hazards and hazardous materials, land use and planning, mineral resources, population and housing, noise, public services, recreation, utilities and services systems, and wildfire. The Proposed Project has the potential to have significant impacts on the following topics unless the recommended mitigation measures described in the IS/MND are incorporated into the Project: biological resources, cultural resources, geology and soils, hydrology and water quality, transportation, and tribal cultural resources. Resolution No.2020-097 Page 1 of 3 jmf 11/3/20 F. In accordance with California Public Resources Code section 21091 and State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration for the Proposed Project was circulated for a 20-day public review and comment period. No public comments were received. G. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the related Mitigation Monitoring and Reporting Program accompanying the Final Initial Study/Mitigated Negative Declaration ("Final IS/MND") in order to avoid or minimize adverse environmental impacts identified therein. H. On December 1, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to the Final IS/MND and the related Mitigation Monitoring and Reporting Program for the Proposed Project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Final Initial Study/Mitigated Negative Declaration prepared for the Proposed Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, the Final IS/MND adequately addresses the expected environmental impacts of the Proposed Project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the Proposed Project will have a significant impact on the environment. Section 3. The City Council hereby adopts the Final IS/MND and the related Mitigation Monitoring and Reporting Program, a copy of which is available at the City's Public Works Agency at 20 Civic Center Plaza, Santa Ana, CA 92702, and directs that a Notice of Determination be prepared and filed with the Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, including but not limited to: the Request for Council Action dated December 1, 2020, and exhibits attached hereto, and any public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations, section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Proposed Project will have the potential for any significant adverse effect on fish and wildlife. However, the payment of Fish and Game Department filing fees in conjunction with this project is at the ultimate determination of the California Department of Fish and Wildlife. Resolution No. 2020-097 Page 2 of 3 jmf 1113/20 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 1st day of December. 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. fTM . -f -L Jo n M. Funk Assistant City Attorney AYES: Councilmembers Bacerra. Mendoza, Penaloza, Pulido, Sarmiento, Solorio, Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council Resolution No 2020-097 to be the original City of Santa Ana on December 1, 2020. Date)a -3 -X DO do hereby attest to and certify the attached resolution adopted by the City Council of the 1 Daisy Gome Clerk of the Council City of Santa Ana Resolution No. 2020-097 Page 3 of 3