Resolution Number 99-8-17-4349
RESOLUTION NO. 99-8-17-4
CERTIFYING EXPANDED INITIAL STUDY AND MITIGATION MEASURE -
APPLICATION TO APPROPRIATE WATER FROM THE SAN JUAN BASIN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING THE ADOPTION OF AN
EXPANDED INITIAL STUDY AND MITIGATION MEASURE PREPARED FOR
APPLICATION NO. 30696 TO THE CALIFORNIA STATE WATER
RESOURCES BOARD TO APPROPRIATE 3,325 ACRE FEET OF WATER
ANNUALLY FROM THE SAN JUAN BASIN
WHEREAS, the City of San Juan Capistrano and the Capistrano Valley Water
District and their predecessors have long relied upon water from the San Juan Basin to supply water
demands within their boundaries; and,
WHEREAS, historically, the amount of groundwater production within the City's
and District's service areas exceeded 3,400 acre-feet per year, and in the past five years has averaged
approximately 1,925 acre-feet per year; and,
WHEREAS, the City and District intend to increase their groundwater production
_ up to 3,325 acre-feet per year, to convert two existing water production wells to monitoring wells,
and to construct and operate one new water production well in their place (the "project"); and,
WHEREAS, the Mitigated Negative Declaration adopted by the San Juan Basin
Authority on August 1, 1999, for its desalter project analyzed cumulative environmental impacts
based on assumed production by the City and District in the amount of 3,400 acre-feet of
groundwater per year; and,
WHEREAS, the City and District have filed with the California State Water
Resources Control Board an application to appropriate water (Application No. 30696) out of an
abundance of caution in the event that this groundwater source is determined to be subject to the
State Board's permitting jurisdiction and the applicant's production does not satisfy the technical
requirements of their historically claimed pueblo water rights; and,
WHEREAS, in compliance with the California Environmental Quality Act (Public
Resources Code Section 21000, et seq.), the City and District have prepared an Expanded Initial
Study for a Mitigated negative Declaration; and,
WHEREAS, the City Council has completed all of the required review and
consideration as required by the California Environmental Quality Act; and,
WHEREAS, the City and District circulated the Mitigated Negative Declaration and
Expanded Initial Study on April 20, 1999, to Responsible and Trustee Agencies and other entities
and individuals, including the State Clearinghouse. This 30 -day review period closed on May 20,
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1999, as required by Section 15073(a) of the California Environmental Quality Act Guidelines. The
Expanded Initial Study and Mitigated Negative Declaration was circulated for a second 30 -day
public review to Responsible and Trustee Agencies and other entities and individuals, including the
State Clearinghouse on June 16, 1999, and ended July 16, 1999; and,
WHEREAS, the City and District have considered all comments received on the
Expanded Initial Study and Mitigated Negative Declaration and responded in writing; and,
WHEREAS, new information was added in response to public comments to clarify,
amplify or make insignificant modifications to the Mitigated Negative Declaration after its
circulation; and,
WHEREAS, the City and District have memorialized their commitment to mitigation
measures required for the project in the Mitigation Monitoring and Reporting Program attached as
Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby find and determine and order as follows:
1. That the City Council has considered the entire record for the Expanded Initial
Study and Mitigated Negative Declaration.
2. That the Expanded Initial Study and Mitigated Negative Declaration is
complete and adequate.
3. That the basis of the whole record before it, including the Expanded Initial
Study and comments received, there is no substantial evidence that the project will have a significant
effect on the environment and that the Mitigated Negative declaration reflects the City's independent
judgment and analysis.
4. That there is no substantial evidence that the project will have any potential
for adverse effect, either individually or cumulatively, on any wildlife resources habitat upon which
wildlife depends or other environmental resource.
5. That none of the revisions made to the Mitigated Negative Declaration after
its circulation in response to public comments is a "substantial revision" as defined in Section
15073.5 of the California Environmental Quality Act Guidelines (14 Cal. Code of Regs. Section
15000, et seq.).
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano, California, hereby certifies and adopts the Mitigated Negative Declaration, subject to
the following provisions:
1. The Mitigation Monitoring and Reporting Program attached as Exhibit "A"
is hereby approved and adopted and made a part of said certification.
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2. A report to the City Council and Capistrano Valley Water District Board of
Directors shall be made by the Director of Public Works on the status of the measures included in
the Mitigation Monitoring and Reporting Program on an annual basis.
3. The Expanded Initial Study and Mitigated Negative Declaration as revised to
respond to comments received thereon, constitute the environmental determination for the project.
4. The documents or other material which constitute the record of proceedings
upon which this decision is based are to be kept on file at the office of the Department of Public
Works, Capistrano Valley Water District, 32450 Paseo Adelanto, San Juan Capistrano, California,
in custody of the Director of Public Works.
5. The project is hereby approved and adopted.
6. The staff and legal counsel for the City and Capistrano Valley Water District
are authorized and directed t do all things necessary or appropriate to implement the project.
7. The Director of Public works is authorized and directed to prepare and file
a Notice of Determination in accordance with the provisions of Section 15075 of the California
Environmental Quality Act Guidelines.
PASSED, APPROVED, AND ADOPTED this 17th day of
August 1999.
IL -4 b eAAM
J HN GREINER, MAYOR
ATTEST:
CITY CLERI
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352
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
99-8-17-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of August 1999, by the
following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHT§OWCITY CLERK
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