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RES-2021-096RESOLUTION NO. 2021-o 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 2021-002 FOR GROUNDWATER TREATMENT PLANTS PHASE B AND GROUNDWATER SUPPLY WELLS NOS. 60 AND 61 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 Groundwater Treatment Plants Phase B and Groundwater Supply Wells Nos. 60 and 61 Project ("Project"); and WHEREAS, the Project consists of, among other things, installing groundwater treatment facilities, installing new piping electrical equipment, rehabilitating water supply wells, installing two new water supply wells, and installing new emergency backup generators 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 August 2, 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. 2021-002 ("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-4-1, MM-18-1, and MM-18-2 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-4-1, MM-18-1, and MM-18-2 are hereby replaced by new mitigation measures MM-4-1, MM-18-1, and MM-18-2 and will serve as substitute mitigation measures which are more effective than the deleted measures. Substitute mitigation measures MM-4-1, MM-18-1, and MM-18-2 are hereby incorporated into the Mitigated Negative Declaration and Mitigation Monitoring Plan. 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. 2 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 2L_ day of octoher , 2021, by the following vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM ATTEST: CITY C ERK OF THE CITY OF ANAHEIM #143730 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. 2021-096 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of October. 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia and O'Neil NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of October, 2021. 01.1 C4CLK OFTHE CITY OF ANAHEIM (SEAL)