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HomeMy WebLinkAboutOCSD 19-07 RESOLUTION NO. OCSD 19-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1, PROJECT NO. P1-105, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING THE HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1, PROJECT NO. P1-105 WHEREAS, the Orange County Sanitation District (the "District") is presently considering the approval of a project known as the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105 (the "Project"); and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq. ("CEQA")) and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), the District, as lead agency, prepared an Initial Study/Mitigated Negative Declaration ("IS/MND") for the Project that analyzes the potential impacts of the Project and identifies applicable mitigation measures; and WHEREAS, the IS/MND found that the Project may have one or more significant environmental effects, but the District has agreed to revise the Project and incorporate feasible mitigation measures to eliminate or avoid all potentially significant environmental effects of the Project; and WHEREAS, the District has consulted with other public agencies and the general public, and provided such agencies and the public with the opportunity to provide written and oral comments on the IS/MND as required by CEQA, including a public review period of 30 days which commenced on April 26, 2019 and ended on May 28, 2019; and WHEREAS, the District has reviewed all comments received on the IS/MND and has prepared a Final MND that responds to all significant environmental issues raised during the review and consultation process; and WHEREAS, the comments received on the IS/MND, either in full or in summary, together with the District's responses, have been included in the Final MND for the proposed Project; and WHEREAS, the District has prepared a Mitigation Monitoring and Report Plan ("MMRP") for the implementation of, and compliance with, all feasible mitigation measures identified in the IS/MND and Final MND; and 1417263.1 OCSD 19-07-1 WHEREAS, the Final MND, including the comments received by the District on the IS/MND, and the MMRP have been presented to the District's Board of Directors (the "Board") for review and consideration prior to the District's approval of, and commitment to, the Project, and approval of the Final MND and MMRP is consistent with the provisions of CEQA. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1. The Board of Directors certifies that the Final MND, attached to this Resolution as Exhibit A, including comments and responses thereto, has been completed in compliance with CEQA and represents a complete and adequate description of the environmental conditions of the proposed Project; 2. The Board of Directors has independently reviewed and considered the Final MND together with all comments received during the public review process; 3. The Final MND reflects the independent judgment and analysis of the Board; 4. The Board of Directors finds on the basis of the whole record before it that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment; 5. The Board of Directors finds that the recommended mitigation measures contained in the Final MND shall be implemented and adopts the Mitigation Monitoring and Reporting Program ("MMRP"), included in Exhibit A, to ensure that all mitigation measures will be implemented; 6. The Final MND has been completed in compliance with the requirements of CEQA and is hereby adopted; 7. The Board of Directors approves the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105; 8. The documents and other materials that constitute the record of proceedings on which the Board of Directors decision is based are located at the District Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and the custodian for these documents is the Clerk of the Board; and 9. District staff is authorized and directed to file the Notice of Determination (NOD) and any other documents in accordance with the requirements of CEQA. 1417263.1 OCSD 19-07-2 PASSED AND ADOPTED at a regular meeting of the Board of Directors held July 24, 2019. David John h wver Board Chail n ATTEST: Kell A. L e, MMC Cler of t Board 1417263.1 OCSD 19-07-3 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-07 was passed and adopted at a regular meeting of said Board on the 24t" day of July 2019, by the following vote, to wit: AYES: Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones (Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy; Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva; F. Smith; Withers; Wanke and Yarc NOES: None ABSTENTIONS: None ABSENT: Chaffee; Nichols (Alternate); and Nagel IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 24t" day of July 24, 2019. 1 Kell A. e Cle k of t Board of Directors Orange County Sanitation District 1417263.1 OCSD 19-07-4