RES-2008-058RESOLUTION NO. 2008R 058
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT NO. 2007-
061057, (ii) ADOPTING FINDINGS OF FACT IN
CONNECTION THEREWITH, AND (iii) ADOPTING
MITIGATION MONITORING PLAN NO. 151.
WHEREAS, the City of Anaheim desires to construct a new 10 million gallon
potable water storage tank at 770 South Nohl Canyon Road in the City of Anaheim (the
"Project and
WHEREAS, the City of Anaheim is the lead agency for the preparation and
consideration of environmental documents for said Project, as defined in the California
Environmental Quality Act of 1970, as amended, and the State of California Guidelines for the
Implementation of the California Environmental Quality Act; and
WHEREAS, said Project is subject to compliance with the provisions of the
California Environmental Quality Act of 1970, as amended, "CEQA and the State of
California Guidelines for the Implementation of the California Environmental Quality Act (the
"State CEQA Guidelines since said Project requires approval of the following proposed
discretionary actions by the City of Anaheim (i) approval of the Project, and (ii) such future
discretionary actions described in the Draft Environmental Impact Report No. 2007 061057 (the
"Draft EIR" also known by the City of Anaheim as EIR No. 2008 00338), which actions shall
hereinafter be collectively referred to herein as the "Discretionary Actions and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the
Draft EIR and has consulted with other public agencies and the general public, and given them
an opportunity to comment on said Draft EIR as required by the provisions of CEQA and the
State CEQA Guidelines; and
WHEREAS, the City of Anaheim has evaluated the comments received from
public agencies and persons who reviewed the Draft EIR and has prepared responses to the
comments received during the public review period; and
WHEREAS, in conformance with Section 15132 of the State CEQA Guidelines,
said comments and recommendations received on the Draft EIR, either verbatim or in summary;
a list of persons, organizations and public agencies commenting on the Draft EIR; the responses
of the City of Anaheim to significant points raised in the review and consultation process;
revisions to the Draft EIR; and Mitigation Monitoring Plan No. 151 (Appendix "A have been
compiled in the Response to Comments document and together with the Draft EIR comprise the
Final Environmental Impact Report No. 2007 061057 (the "Final EIR for said Project, a copy
of which is on file with the Public Utilities Department and incorporated herein by this reference
as if set forth in full; and
WHEREAS, in conformance with the requirements of CEQA and State CEQA
Guidelines, the City of Anaheim has prepared, or caused to be prepared, Environmental Impact
Report Findings of Fact Regarding Nohl Canyon Water Storage Project, relating to the Final
EIR, a copy of which is on file in the Public Utilities Department and incorporated herein by this
reference as if set forth in full; and
WHEREAS, the City of Anaheim desires and intends to use the Final EIR as the
environmental documentation required by CEQA and the State CEQA Guidelines for each of the
above referenced Discretionary Actions to the extent authorized by law; and
WHEREAS, the Draft EIR, Response to Comments document which contains the
Mitigation Monitoring Plan No. 151, and the draft of the Findings of Fact, have been presented
to and independently considered by the Public Utilities Board of the City of Anaheim for review
and consideration prior to the final approval of, and commitment to, said Project; and
WHEREAS, the Public Utilities Board did, at its December 6, 2007 meeting,
upon consideration of the information, documentation, and evidence presented, unanimously
recommend that the City Council certify the Final EIR, adopt the Findings of Facts in connection
therewith, and adopt Mitigation Monitoring Plan 151; and
WHEREAS, the City Council did hold a public hearing at the Civic Center in the
City of Anaheim on April 22, 2008, at 5:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the applicable provisions of the Anaheim
Municipal Code to hear and consider evidence for and against the Final EIR and the Project and
to investigate and make findings in connection therewith; and
WHEREAS, said Final EIR has been presented to the City Council for review and
consideration prior to the final approval of, and commitment to, said Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the City of Anaheim does hereby certify Final Environmental Impact Report No.
2007 061057, adopting the Findings of Fact for the Project in connection therewith, a copy of
each of which is on file with the Public Utilities Department and which are incorporated herein
by this reference as if set forth in full, and determines that said Final Environmental Impact
Report No. 2007 061057 fully complies with CEQA, reflects the independent judgment of the
City Council, and is adequate to serve as the environmental documentation for the Discretionary
Actions.
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BE IT FURTHER RESOLVED that pursuant to Section 21081.6 of the Public
Resources Code, the City Council hereby adopts that certain monitoring program described as
the "Mitigation Monitoring Plan No. 151" to mitigate or avoid significant effects on the
environment and to ensure compliance during Project implementation, a copy of which is on file
with the Public Utilities Department and is incorporated herein by this reference as if set forth in
full.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 22nd day of April 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CI6ERKOFcnYOFAAiEIM
67462.2\akott 3
CITY OF ANAHEIM
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MAYOR OF THE CITY OF ANAHEIM