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Resolution - 2004-85RESOLUTION NO. 2004-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL .ASSESSMENT AND CERTIFYING THE STATE ENVIRONMENTAL DOCUMENT, PURSUANT TO THE • CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 19709 AS AMENDED WHEREAS, the City of West Covina obtained competitive State grant funding through the Los Angeles County Metropolitan Transportation Authority to complete conceptual design and environmental documentation for capacity enhancements along South Azusa Avenue; and WHEREAS, a report has been completed that defines optional improvements and mitigation measures to improve traffic operations on South Azusa Avenue, and, the report satisfies California Environmental Quality Act (CEQA) and State and local guidelines, rules, regulations and procedures adopted pursuant thereto; and State and Federal environmental requirements; and WHEREAS, the improvements are considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, the City of West Covina is acting as the lead agency for the environmental review of above -referenced project; and WHEREAS, during the environmental assessment process, the City has encouraged open and broad public participation, and has provided the opportunity for citizens, professional disciplines and public agencies to critically evaluate the environmental documents and the environmental impacts of the proposed actions through public hearings and consultation with public agencies and private organizations; and WHEREAS, the EIWEA includes mitigation measures and monitoring requirements as recommended by staff for project impacts, as identified in the Study; and WHEREAS, non-compliance with any of the aforementioned mitigation measures as determined by the monitoring department/agency and any measures taken to correct said non- compliance shall be immediately reported to the Planning Department; and WHEREAS, tl}e City is bound to any aforementioned mitigation measures and/or monitoring or reporting requirements; and WHEREAS, the EIR/EA has been independently reviewed by City staff and reflects the independent judgment of the City; and WHEREAS, said EIR/EA concludes that all potential adverse impacts associated with the project, can be mitigated to a level of insignificance; and WHEREAS, the City did, on the September 9, 2003, Planning Commission meeting; April 7, 2004, and June 2, 2004, Town Hall meetings conduct duly advertised public hearings as prescribed by law, and considered evidence presented by the Planning Commission of the City of West Covina, and other interested parties. NOW THEREFORE, the City Council of the City of West Covina, California, has reviewed • and considered the information contained in the EIR/EA with respect to this project and does resolve as follows: SECTION 1. In accordance with Section 15090 of the Guidelines, after receiving and considering all determinations, studies, documents, and recommendations, as well as other appropriate public comments, the City Council of the City of West Covina, California, hereby certifies that: 1. The final EIR has been completed in compliance with CEQA and the Guidelines. 2. The final EIR was presented to the City Council and the City Council has reviewed and considered the information contained in the final EIR, all comments submitted to the final EIR at noticed public hearings at which the project was considered, and the final EIR's responses to those comments prior to approving the South Azusa Avenue Capacity Enhancement Study and such other actions as may be authorized to the City Council. • 3. The EIR reflects the independent judgment of the City Council and contains sufficient information and analysis to allow the City Council to make an informed decision, considering the environmental implication of the proposed project, mitigation measures, and alternatives. SECTION 2. That the City Council of the City of West Covina finds with respect to the adverse environmental impacts detailed in the EIR/EA: 1. That based on the infonnation set forth in the EIRJEA, mitigation measures incorporated into the project's conceptual design and included as conditions of approval have mitigated the potential adverse environmental impacts to a level of insignificance. 2. That the City Council finds that all significant environmental effects identified in the EWEA have been reduced to an acceptable level in that all significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened through the implementation of mitigation measures included in the EIR/EA. Pursuant to sections 15090 and 15091 of the CEQA Guidelines, the City Council adopts the findings contained in Table ES-1, Summary of Impacts and Associated Mitigation Measures, at page VI of the final EIR. SECTION 3. The City Council approves and adopts the Mitigation Monitoring Program contained in the final EIR. SECTION 4. The City Clerk shall certify to the passage of this Resolution. APPROVED AND ADOPTED this I9`h day of October, 2004. Mayor Michael L. Miller ATTEST: City Clerk Janet Berry I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 19`h day of October, 2004, by the following vote of the City Council: • AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSENT: None ABSTAIN: None City Clerk Janet Berry APPROVED AS TO FORM: CityAttomey Arnold Alvarez-Glasman 2