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HomeMy WebLinkAboutCC Reso 2020-41 - Adopting EIR, Mitigation Program, and CEQA Findings for Landfill - RESO ONLY RESOLUTION NO. 2020-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING AN ENVIRONMENTAL IMPACT REPORT, MITIGATION MONITORING AND REPORTING PROGRAM, AND CEQA FINDINGS OF FACT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE PUBLIC WORKS UKAH LANDFILL CLOSURE PROJECT WHEREAS, the City of Ukiah (City) prepared an Environmental Impact Report for the Public Works Ukiah Landfill Closure Project (Proposed Project) in accordance with the requirements of the California Environmental Quality Act of 1970, as amended ("CEQA"), and state and local guidelines implementing CEQA; and WHEREAS, the City is the CEQA Lead Agency on the Proposed Project, and the City Council is the decision-making body for the Proposed Project; and WHEREAS, the City's Ukiah Landfill Ukiah Landfill is located approximately three miles east of the City of Ukiah within the unincorporated area of Mendocino County; and WHEREAS, waste disposal operations at the Ukiah Landfill began in 1955 at the eastern end of the landfill footprint and progressed upslope and westward; and WHEREAS, the Ukiah Landfill occupies approximately 40-acres of a 283.5-acre parcel having a maximum width of approximately 1,000-feet in the north-south direction and a maximum length of about 3,500-feet in the east-west direction; and WHEREAS, dwellings around the Ukiah Landfill property include a group of structures owned by the Vichy Springs Resort that are located within 500-feet of the City's south property line, but are well over 1,250 feet from the actual Ukiah Landfill area that is also separated visually by an elevation barrier/ridge; and WHEREAS, the method of operation during the Landfill's development was a fill and cover approach in a canyon/gully terrain; and WHEREAS, the Landfill operated as a nonhazardous Class III solid waste disposal site servicing the City of Ukiah and the surrounding area; and WHEREAS, the types of waste received included garbage, rubbish, demolition and construction waste, brush, stumps, large appliances diverted as scrap metal and street refuse; and WHEREAS, the Landfill ceased operations in September 2001; and WHEREAS, the City's Public Works Department oversees the City's efforts to properly close the landfill according to the applicable regulatory standards to protect the public health and safety and the environment; and WHEREAS, since the closing of operations in 2001, the City and its engineer (EBA Engineers) have been working with the various regulatory agencies and has evaluated numerous alternatives; and WHEREAS, the City has selected an engineered alternative using a synthetic tufted geotextile cover system instead of the clay layer and natural cover prescribed by 27 CCR § 21090 ("prescriptive clay layer") as the Proposed Project due to a variety of environmental, technical, and cost considerations resulting in part from being located on steep 2:1 vertical to horizontal slopes; and WHEREAS, the City prepared an EIR to evaluate potential impacts of the Proposed Project and evaluate alternatives pursuant to CEQA; and WHEREAS, the City issued a Notice of Preparation (NOP) of the EIR February 2, 2017 (SCH #2017022009); and WHEREAS, the NOP was circulated to the public, local, state, and federal agencies, and other 1 interested parties to solicit comments on the Proposed Project during the 30-day comment period; and WHEREAS, during the scoping period, the City held two (2) scoping meetings on February 15, 2017 to discuss the Proposed Project and to solicit public input as to the scope and content of the EIR; and WHEREAS, the NOP and comments received are available for review in the Public Draft EIR; and WHEREAS, in accordance with Sections 15087 and 15105 of the State CEQA Guidelines, the Public Draft EIR was circulated for public review and comment to lead and responsible agencies, as well as members of the public, for 45- days (November 13 through December 31, 2019 and was then extended through January 9, 2020); and WHEREAS, the Public Draft EIR disclosed that the construction of the Proposed Project would result in short-term/temporary construction related impacts that can be reduced to less-than- significant impacts with the implementation of mitigation measures and best construction practices as identified in the Public Draft EIR; and WHEREAS, operations of the Proposed Project would also generally result in less-than-significant impacts and/or any potentially significant impacts that can be reduced to less-than-significant levels with the implementation of mitigation measures and best practices as identified in the Public Draft EIR; and WHEREAS, in connection with the approval of a project involving the preparation of a Public Draft EIR that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environment effects to a less-than-significant level; and WHEREAS, the Proposed Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code; and WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during project implementation; and WHEREAS, the Public Draft EIR found that the Proposed Project does not directly create or induce growth in the Ukiah area because it does not provide a significant number of additional permanent jobs nor does it approve land development; and WHEREAS, the Public Draft EIR found that the Proposed Projectwould not have any cumulatively considerable effects; and WHEREAS, the during the 45-day Public Review Period the City received four(4) comment letters —two (2) from public agencies and two (2) from Vichy Springs Resort on the Public Draft EIR; and WHEREAS, none of the comments, nor the City's responses, change any of the outcomes or conclusions in the Public Draft EIR which would require the re-circulation or cancellation of the Public Draft EIR; and WHEREAS, the City prepared a Final EIR document that responded to all of the comments received during the 45-day public review period, responded where appropriate to late comments and comments on the Final EIR, and also prepared a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the identified mitigation measures identified and proposed in the Public Draft EIR, and WHEREAS, all of the commenters on the Public Draft EIR have been given a copy of the Final EIR with the City's responses to those comments and have been invited to this City Council Meeting to express any issues and concerns they may have; and Page 2 of 3 WHEREAS, no public (or other) comments were received from the two public agencies in regard to the City's responses to their comments in the Final EIR; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UKIAH AS FOLLOWS: THAT THE CITY COUNCIL does hereby certify the Final EIR in compliance with CEQA and make the following findings: (1) it has independently reviewed, analyzed and based its decision on the whole of the record, which includes those items identified in Public Resources Code Section 21167.6(e), including, but not limited to, the Public Draft and Final EIR, the staff reports and other information in the administrative record. The City Council has considered the information contained therein, prior to acting upon or approving the Project, (2) the Public Draft and Final EIR prepared for the Proposed Project has been completed in compliance with CEQA and consistent with state and local guidelines implementing CEQA, and (3) the Public Draft and Final EIR represents the independent judgment and analysis of the City as lead agency for the Proposed Project. The City Council designates the City's Director of Public Works Department as the custodian of documents and records of proceedings on which this decision is based. THAT THE CITY COUNCIL does hereby adopt the MMRP prepared for the Proposed Project. The Public Draft, Final EIR, and MMRP are: (1) on file with the City at its Public Works Department at 300 Seminary Avenue, Ukiah, California 95482 and (2) available for inspection by any interested person. THAT THE CITY COUNCIL does hereby adopt the CEQA Findings of Fact that have been prepared for the Proposed Project. The CEQA Findings of Fact are: (1) on file with the City at its Public Works Department at 300 Seminary Avenue, Ukiah, California 95482 and (2) available for inspection by any interested person. THAT THE CITY COUNCIL does hereby authorize the Director of Public Works to file the Notice of Determination with the California State Clearinghouse and the Mendocino County Recorder- Clerk, along with a check for $3,393 for the required California Fish and Wildlife Filing Fee ($3,343) and the Mendocino County Processing Fee ($50) within five (5) days of this resolution as required by CEQA. THAT THE CITY COUNCIL does hereby adopt the Ukiah Landfill Closure Project, as currently written. The Public Works Integrated Master Plan is: (1) on file with the City at its Public Works Department at 300 Seminary Avenue, Ukiah, California 95482 and (2) available for inspection by any interested person. PASSED AND ADOPTED on August 5, 2020, by the following Roll Call Vote: AYES: Councilmembers Mulheren, Brown, Orozco, and Mayor Crane NOES: Scalmanini ABSTAIN: None ABSENT: None Dougla'g F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk Attachments: 1) Final Environmental Impact Report with Mitigation Monitoring and Reporting Program 2) CEQA Findings of Fact Page 3 of 3