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Resolution 1989-42 ~ ~ RESOLUTION NO. 89 - 42 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SANTA CLARA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND APPROVING THE PLAN. WHEREAS, the California Health and Safety Code authorizes counties to prepare and adopt hazardous waste management plans; and WHEREAS, the County of Santa Clara prepared a Draft Hazardous Waste Management Plan (Plan) in April 1989 and revised it in July 1989 in response to comments received by cities and towns, local industry and environmental groups, the public-at-large, the County Tanner Advisory Committee for the Plan, County Board of Supervisors, and the California Department of Health Services; and WHEREAS, the State codes provide that the majority of the cities with a majority of the incorporated population must approve said Plan; and WHEREAS, the Draft Environmental Impact Report (SCH No. 87092903) on said Plan was prepared on April 1989 and transmitted by the County as Lead Agency to all concerned parties for review and comment; and WHEREAS, a Final Environmental Impact Report (EIR) was prepared, and reviewed and considered by the County at a public meeting held on July 11, 1989; and WHEREAS, the County, at its meeting of July 11, 1989, took action (1) finding that the Final EIR for this project had been reviewed and considered by the County, (2) certifying that the Final EIR complied with the requirements of the California Environmental Quality Act ((CEQA), (3) adopting the Monitoring Program designed to insure compliance with mitigation measures proposed in the EIR; and (4) adopting findings pursuant to section 21081 of CEQA; and WHEREAS, this city reviewed and considered the Plan containing the EIR, the Monitoring Program and all documents described herein; and WHEREAS, this city held a public meeting on August 7, 1989 , and has considered all written material and public testimony at the public meeting; and WHEREAS, the City of Gilroy is a Responsible Agency in the process of preparing and adopting the Santa Clara County Hazardous Waste Management Plan. -1- RESOLUTION NO. 89 - 42 ~ ~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows: 1. CEQA COMPLIANCE: The City of Gilroy hereby finds that the Environmental Impact Report ("EIR") is adequate and has been prepared in compliance with the California Environmental Quality Act (CEQA); and that it has reviewed and considered the information contained in the EIR prior to making a decision. 2. MONITORING PROGRAM: The City of Gilroy upon review and consideration of the Monitoring Program designed to insure compliance with mitigation measures proposed in the EIR hereby adopts the Program. 3. FINDINGS A. That the EIR identified potentially significant adverse impacts resulting from implementation of the Plan in the areas listed below. Appropriate mitigation measures have been identified for each of the potential impacts in the listed categories that will reduce those impacts to a less than significant level. Land Use Flora & Fauna Hydrology & Water Quality Transportation Geology & Soils Climate & Air Quality Noise, light, glare & Shadowing Visual/Aesthetic Cultural Resources Health & Safety Energy Public Services & Utilities B. That these mitigation measures consist of the following: (1) policies and siting criteria included in the Plan, (2) Federal, State and regional laws and regulations concerning hazardous waste and the CEQA and (3) local land use policies and regulations regarding hazardous waste and emergency response. C. That these mitigation measures will be carried out by the city at the time specific hazardous waste management projects under this Plan are proposed within the jurisdiction of the city. The adopted Monitoring Program will asure a continuing review function for compliance with the mitigation measures; and -2- RESOLUTION NO. 89 - 42 ~ ~ 4. ADOPTION OF PLAN: The City of Gilroy does hereby approve the Santa Clara County Hazardous Waste Management Plan, dated April 1989, as amended. PASSED AND ADOPTED this 7th day of August, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: PALMERLEE APPROVED: ATTEST: Ii ~lU~fk~ -3- RESOLUTION NO. 89 - 42 ~ ~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 89-42 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of August , 19 89 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of August 19 89. (Seal)