RES-2021-036RESOLUTION NO. 2021- 036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PLAN
NO. 2021-001 FOR GROUNDWATER TREATMENT
IMPROVEMENTS AT LA PALMA, LINDA VISTA,
BOYSEN PARK, AND ENERGY FIELD SITES SUPPORTED
BY THOSE FINDINGS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Anaheim ("Anaheim") proposes to implement
groundwater treatment improvements at the La Palma, Linda Vista, Boysen Park, and Energy
Field sites ("Project"); and
WHEREAS, the Project consists of, among other things, installing groundwater
treatment facilities, installing new piping electrical equipment, rehabilitating water supply wells,
installing a new water supply well, and installing a new emergency backup generator and other
site improvements at as more fully described in the mitigated negative declaration referenced
below; and
WHEREAS, Anaheim is the lead agency for the preparation and consideration of
environmental documents for the Project, as defined in the California Environmental Quality Act
and the State of California Guidelines for the Implementation of the California Environmental
Quality Act (collectively, "CEQA"); and
WHEREAS, a draft initial study and mitigated negative declaration ("Mitigated
Negative Declaration") was prepared by Anaheim and was circulated for a 30 -day
public/responsible agency review on February 25, 2021, in compliance with the requirements of
CEQA; a complete copy of the draft document is on file and can be viewed in the Anaheim
Public Utilities Department, Administration and Risk Services Division; and
WHEREAS, in conformance with CEQA, a Mitigation Monitoring Plan No.
2021-001 ("Mitigation Monitoring Plan") has been prepared for the Project and circulated with
the Mitigated Negative Declaration and includes a program for reporting on and monitoring
mitigation measures for the Project; a complete copy of the Mitigation Monitoring Plan is on file
and can be viewed in the Anaheim Public Utilities Department, Administration and Risk
Services Division; and
WHEREAS, Anaheim conducted its own independent analysis of the Mitigated
Negative Declaration and Mitigation Monitoring Plan prior to releasing it for public review and
determined that the Mitigated Negative Declaration and Mitigation Monitoring Plan were
appropriate as there is substantial evidence the Project would not result in any significant
environmental impacts; and
WHEREAS, the Anaheim City Council has reviewed and considered the
Mitigated Negative Declaration, Mitigation Monitoring Plan, the comments received to date and
the responses prepared and intends to take actions on the Project in compliance with CEQA; and
WHEREAS, the Mitigated Negative Declaration and the Mitigation Monitoring
Plan have been attached to the staff report for this environmental approval and the approval of
the Project and, by this reference, are incorporated into this Resolution as if fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
The foregoing recitals are true and correct.
2. The Anaheim City Council has independently reviewed and considered
the Mitigated Negative Declaration, the Mitigation Monitoring Plan and the whole record before
it (including, the initial study and comments received) and, based on the foregoing, the Anaheim
City Council hereby finds that all environmental impacts of the Project with mitigation measures
are below a level of significance and there is no substantial evidence supporting a fair argument
that the Project will have a significant effect on the environment.
3. The Anaheim City Council finds the Mitigated Negative Declaration and
Mitigation Monitoring Plan have been completed in compliance with CEQA.
4. The Anaheim City Council finds that the Mitigated Negative Declaration
represents the independent judgment and analysis of Anaheim as lead agency for the Project.
5. The Anaheim City Council further finds that the Mitigated Negative
Declaration is adequate to serve as the required CEQA environmental documentation for the
Project, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring Plan
for the Project.
6. The Anaheim City Council desires to delete mitigation measures MM -
BIO -1, MM -BIO -2, MM -CUL -1, and MM -TCR -1 of the Mitigated Negative Declaration and
Mitigation Monitoring Plan with more effective mitigation measures attached to the staff report
accompanying this resolution. The deleted MM -13I0-1 and MM -BIO -2 are hereby replaced by
new mitigation measures MM -13I0-1 and MM -13I0-2 and will serve as substitute mitigation
measures which are more effective than the deleted measures. Also, the deleted MM -CUL -1, and
MM -TCR -1 are hereby replaced by new mitigation measures MM -CUL -1, MM -TCR -1, MM -
TCR -2, and MM -TCR -3 and will serve as substitute mitigation measures which are more
effective than the deleted measures. Substitute mitigation measures MM -13I0-1, MM -BIO -2, M -
CUL -1, MM -TCR -1, MM -TCR -2, and MM -TCR -3 are hereby incorporated into the Mitigated
Negative Declaration and Mitigation Monitoring Plan.
2
7. The Records and Information Manager for the Anaheim Public Utilities
Department is the custodian of the records of the proceedings on which this decision is based.
The records are located at 201 S. Anaheim Blvd., Suite 1101, Anaheim, CA 92805.
8. The Anaheim City Council directs staff to file a notice of determination
with the County of Orange within five working days of the adoption of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 27 day of A ri 1 , 2021, by the following vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Brandman, Moreno, Valencia, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
ATTEST:
ITY CL RK OF THE CITY OF ANAHEIM
#141464
3
OF ANAHEIM
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-036 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 27th day of April, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia,
and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of May, 2021.
{. ERK OF THE CITY OF ANAHEIM
(SEAL)