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HomeMy Public PortalAbout2016.073 (04-05-16)RESOLUTION NO.2016.073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR WELL NO. 22 (CIP NO. 67.894) IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City's proposed Water Well No. 22 ( "Project ") involves the installation of pump house facilities and site improvements to enable operation of the existing well; and WHEREAS, an Initial Study ( "IS ") and Mitigated Negative Declaration ( "MND ") were prepared for the City by Tetra Tech, Inc. to evaluate if implementation of the Project would have a significant effect on the environment, pursuant to the California Environmental Quality Act; and WHEREAS, the IS and a notice of intent to adopt a MND were duly noticed and circulated for a 20 -day public review period March 3, 2016- March 23, 2016; and WHEREAS, all Interested Parties desiring to comment on the MND were given the opportunity to submit written and oral comments on the adequacy of the MND up to and including the close of the Public Hearing on the Project before the City Council on April 5, 2016; and WHEREAS, the IS and MND represents the City's independent judgment and analysis; and WHEREAS, on April 5, 2016, the City Council conducted a Public Hearing on the Project, during which opportunity was given #o address the adequacy of the MND. All comments on the IS and MND raised during the public and agency comment period and at the Public Hearing on the Project were considered by the City Council; and WHEREAS, the City Council was presented with and /or had the opportunity to review all of the information in the administrative record; and WHEREAS, after the conclusion of the such Public Hearing, the City Council considered all oral and written comments and a staff recommendation for approval of the MND and reviewed and considered the information in the IS and MND, public and agency comments on the IS and MND, the administrative record, and the staff report for completeness and compliance with CEQA, the CEQA Guidelines and any and all applicable requirements, and WHEREAS, the Project has been the subject of an IS and MND under CEQA pursuant to Section 15070 and following of Title 14, Division 6, Chapter 3 ( "CEQA Guidelines "). The MND has been completed in compliance with the intent and requirements of CEQA, CEQA Guidelines and any and all other applicable requirements. The City Council has considered the information contained in the IS and MND and the whole record in considering the Project and related actions; and WHEREAS, the documents, constituting of the record of proceedings upon which this decision is based, are located at the City of Lynwood Public Works Department; and WHEREAS, mitigation measures as listed in the MND have been incorporated as conditions of approval for the Project, and which the City Council has reviewed, finds legally adequate, and in order to ensure compliance, hereby adopts said conditions to mitigate or avoid significant environmental effects; and WHEREAS, pursuant to CEQA and CEQA Guidelines, the City Council finds on the basis of, and after review of, the who record before it (including the IS, the MND, and any and all comments received, and in light of expert and other evidence submitted), that there is no credible, substantial evidence that the Project as revised and mitigated, may have a significant effect on the environment as to any issue raised. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. After careful consideration of the matter, the City Council hereby adopts the Mitigated Negative Declaration for the Project and the Mitigation and Reporting Program, which was presented to the City Council on April 5, 2016 and circulated for a 20 -day public review period from March 3, 2016 through March 23, 2016 and is on file with the City of Lynwood Public Works Department. Section 2. That this resolution shall take effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. [THIS SPACE INTENTIONALLY LEFT BLANK] 2 PASSED, APPROVED and ADOPTED this 5th day of April 2016. Edwin Hernandez, Mayor ATTEST: Maria Quinonez, J. Arnoldo Beltran, City Clerk City Manager APPROVED AS TO FORM fit/' David A. Garcia, City Attorney APPROVED AS TO CONTENT: r Raul budinez II, P.E. Director of Public Wo / City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of April, 2016, and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SANTILLAWBEAS, SOLACHE AND MAYOR HERNANDEZ NOES: NONE ABSENT: MAYOR PRO TEM CASTRO ABSTAIN: NONE Maria Ouibonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016.073 and is on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of April, 2016. Maria Quinonez, City Clerk