Cities Index.
Attachment E - Draft Exhibit 3

Council Water Committee
October 13, 2022

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Attachment E - Draft Exhibit 3
Meeting
October 13, 2022
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Council Water Committee
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Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

City of
Stockton
RWCF Modifications Project – Outfall Relocation 1

CALIFORNIA ENVIRONMENTAL QUALITY ACT

SUPPLEMENTAL FINDINGS
In Connection with the
Regional Wastewater Control Facility Modifications Project

CITY OF STOCKTON

INTRODUCTION
The City of Stockton (City) is the lead agency under the California Environmental Quality Act (CEQA) for purposes of the Regional Wastewater Control Facility (RWCF) Modifications Project. The City certified the RWCF Modifications Project Environmental Impact Report (EIR) (State Clearinghouse No. 2018092017) on March 26, 2019. The City has prepared a supplement to the RWCF Modifications Project EIR (referred to as a Supplemental EIR) to address a change in the project.

CEQA prohibits an agency from approving or carrying out a project for which significant effects have been identified, unless the agency makes one or more of the following findings set forth in Public Resources Code (PRC) Section 21081, subdivision (a):
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.
(2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (See also California Code of Regulations [CCR], Title 14, Section 15091.)
When significant effects are subject to a finding under paragraph (3) of subdivision (a), it means that a significant and unavoidable environmental impact would result from project implementation. If this occurs, the public agency must find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment, if the agency approves the project (PRC Section 21081[b]).

CEQA requires public agencies to prepare a program for monitoring or reporting on the revisions that it requires in the project and the measures it has imposed to mitigate or avoid significant environmental effects (CCR, Title 14, Section 15097[a]).

Under PRC Section 21002.1, subdivision (d), the lead agency shall be responsible for considering the effects, both individual and collective, of all activities involved in a project.

The City, therefore, provides the following Supplemental Findings for the RWCF Modifications Project that concern potentially significant impacts to all resource areas considered in the environmental review of the Outfall Relocation Project and has adopted a Mitigation Monitoring and Reporting Program (MMRP) for the Outfall Relocation Project concurrent with these Supplemental Findings.

CEQA COMPLIANCE
The City has prepared a Supplemental EIR to address a change in the location of the outfall through which RWCF effluent would be discharged to the San Joaquin River (referred to herein as the Outfall Relocation Project, or “project”) relative to that described and assessed in the RWCF Modifications Project EIR certified in 2019. The Final Supplemental EIR assesses the potential environmental effects of implementation of the Outfall Relocation Project, identifies the means to eliminate or reduce potentially significant impacts, and evaluates a reasonable range of alternatives to the project. The Final Supplemental EIR consists of both the Draft Supplemental EIR, as amended through responses to comments, as well as a volume with formal responses to comments received on the Draft Supplemental EIR.

DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT
Supplemental Findings
City of Stockton
RWCF Modifications Project – Outfall Relocation 2
Pursuant to PRC Section 21081 and Title 14, CCR Section 15090, the City hereby certifies that it has received the Final Supplemental EIR, and reviewed and considered the information contained in the Final Supplemental EIR and received through public comments. The City additionally certifies that the Final Supplemental EIR was completed in compliance with CEQA (PRC Section 21000 et seq.) and the State CEQA Guidelines (CCR, Title 14, Section 15000 et seq.), and that the Final Supplemental EIR reflects the independent judgment and analysis of the City. The conclusions presented in these Supplemental Findings are based on the Final Supplemental EIR and all other evidence in the administrative record.

SUPPLEMENTAL FINDINGS
Having received, reviewed, and considered the Final Supplemental EIR and all other information in the administrative record, the City hereby adopts the following Supplemental Findings for the RWCF Modifications Project in compliance with CEQA and the State CEQA Guidelines. The City adopts these Supplemental Findings in conjunction with its approval of the Outfall Relocation Project component of the RWCF Modifications Project. In making these Supplemental Findings, the City ratifies, adopts, and incorporates by reference the analysis, determinations, and conclusions of the Final Supplemental EIR relating to environmental impacts and mitigation measures. The substantial evidence supporting these findings and conclusions is set forth in the Final Supplemental EIR and the record of proceedings.

Project Description and Background
The City is implementing modifications to its RWCF. Modifications to the RWCF are required to maintain compliance with the RWCF National Pollutant Discharge Elimination System (NPDES) permit, extend the useful life of existing facilities, improve working conditions for facility staff, and implement components of the City’s Capital Improvement and Energy Management Plan.

The RWCF currently consists of the main plant on the east side of the San Joaquin River and the tertiary plant on the west side of the river. RWCF effluent is discharged through an existing outfall to the San Joaquin River on the west bank using pipe siphons. The RWCF Modifications Project proposed to consolidate treatment facilities on the east side of the river at the main plant, but continue discharge of final effluent to the San Joaquin River using the existing outfall on the west bank. The City now proposes to discharge final effluent through a new outfall located on the east bank of the San Joaquin River adjacent to the main plant and abandon the existing west bank outfall in place. The proposed outfall includes reinstatement of an abandoned 60-inch reinforced concrete pipe that served as the outfall for the City’s treated wastewater effluent before circa 1970.

The Outfall Relocation Project consists of the following three primary elements:
 reinstatement of an existing 60-inch reinforced concrete pipe running from the RWCF to an abandoned outfall apron on the east bank of the San Joaquin River,
 modification of the outfall apron structure on the east bank to create a new outfall outlet, and  construction of a pipeline running from the Final Effluent Pump Station to the reinstated 60-inch reinforced concrete pipe.

Construction of the outfall would involve installation of a temporary cofferdam on the waterside of the San Joaquin River levee and removal of two trees at the site. Construction is expected to occur between July 1 through October 31.

Upon successful commissioning and reinstatement of the main plant outfall on the east side of the river, the existing outfall on the west side of the river would no longer be required and would be abandoned in place so that no discharge of RWCF effluent could occur through the existing outfall and all discharge would occur through the reinstated outfall on the east side of the river.

Absence of Significant New Information
The State CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when significant new information is added to the EIR after public notice is given of the availability of the draft EIR but before certification. New information includes: (i) changes to the project; (ii) changes in the environmental setting; or (iii) additional data or other information. Section 15088.5 further provides that:

DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT
Supplemental Findings
City of Stockton
RWCF Modifications Project – Outfall Relocation 3
[n]ew information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement.

Comments received on the Draft Supplemental EIR express a range of CEQA and non-CEQA issues, as discussed in Chapter 2 of the Final Supplemental EIR. Each comment has been responded to in the Final Supplemental EIR and none of the comments trigger the need to recirculate the Draft Supplemental EIR.

Having reviewed the information contained in the Draft and Final Supplemental EIR, and in the administrative record, including all comments received, as well as the requirements of State CEQA Guidelines Section 15088.5 and interpretive judicial authority regarding recirculation of draft EIRs, the City hereby finds that no significant new information was added to the Draft Supplemental EIR after the public review period. The City specifically finds with regard to comments on the Draft Supplemental EIR that: no new significant environmental impact would result from the Outfall Relocation Project or from the implementation of a mitigation measure; no substantial increase in the severity of an environmental impact would result; the City has not declined to adopt any feasible project alternative or mitigation measures considerably different from others previously analyzed that would clearly lessen the environmental impacts of the project; and the Draft Supplemental EIR is not so fundamentally and basically inadequate in nature that it precluded meaningful public review. Recirculation of the Supplemental EIR is, therefore, unnecessary and not required by CEQA.

Environmental Impacts Summary
This section summarizes the direct, indirect, and cumulative environmental impacts of the Outfall Relocation Project identified in the Final Supplemental EIR, and includes the findings regarding those impacts and any mitigation measures set forth in the Final Supplemental EIR. The Final Supplemental EIR contains a full explanation of each impact, mitigation measure, and the analysis that led the City to its impact conclusions.

Significant and Unavoidable Impacts
Pursuant to PRC Section 21081(b) and State CEQA Guidelines Section 15093, where the lead agency identifies significant adverse environmental impacts that cannot feasibly be mitigated to a less-than-significant level, the lead agency may nonetheless approve the project if it finds that specific economic, legal, social, technological, or other benefits of the project outweigh the unavoidable significant environmental impacts.

No significant and unavoidable impacts would occur with implementation of the project.

Significant and Potentially Significant Impacts Mitigated to a Less-than-Significant Level The following significant or potentially significant impacts identified in the Final Supplemental EIR will be reduced to less-than-significant levels through the implementation of the specified mitigation measures incorporated into the project.

Terrestrial Biological Resources
Impact 4.2-1: Potential for Project Construction to Result in Disturbance to or Loss of Special-Status Plant Species and Habitat
Special-status plants with potential to occur on the project site include plants associated with marsh, riparian, or aquatic habitat. Habitat suitable for some of these species is present within the San Joaquin River and on its banks. Temporary dewatering and ground disturbance for construction of the outfall could result in removal of or damage to special-status plants if present. This impact would be potentially significant.

Mitigation Measure: Mitigation Measure 4.2-1, “Protect and Mitigate Impacts on Special-Status Plants,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2-1 into the project will reduce the potentially significant impact on special-status plant species to a less-than-significant level because it will require that the project not result in unapproved take of these species and that any species losses will be compensated for. Therefore, the project with mitigation will not result in significant impacts to special-status plant species.

DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT
Supplemental Findings
City of Stockton
RWCF Modifications Project – Outfall Relocation 4
Impact 4.2-2: Potential for Project Construction to Result in Disturbance to or Loss of Western Pond Turtle
Implementation of the project would include temporary dewatering of a portion of the San Joaquin River and construction within the river channel. These project components could result in disturbance to or direct loss of western pond turtle, if present, within aquatic and upland habitat. This would be a potentially significant impact.

Mitigation Measure: Mitigation Measure 4.2-2, “Conduct Western Pond Turtle Preconstruction Surveys and Relocation,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2.-2 into the project will reduce the potentially significant impact on western pond turtles to a less-than-significant level because it will ensure that western pond turtles are removed from the site and that nest sites are protected so that project construction will not result in mortality of individuals. Therefore, the project with mitigation will not result in significant impacts to western pond turtles.

Impact 4.2-3: Potential for Project Construction to Result in Disturbance to or Loss of Burrowing Owl Implementation of the project would include ground disturbance that could result in disturbance to or direct loss of burrowing owls and their burrows, if present. This would be a potentially significant impact.

Mitigation Measure: Mitigation Measure 4.2-3, “Protect Burrowing Owls,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2-3 into the project will reduce the potentially significant impact on burrowing owls to a less-than-significant level because it will require that burrowing owls be avoided and protected from construction activity or that the City compensate for the loss of suitable occupied habitat because of construction activity. Therefore, the project with mitigation will not result in significant impacts to burrowing owls.

Impact 4.2-4: Potential for Project Construction to Result in Disturbance to or Loss of Swainson’s Hawk, White-Tailed Kite, and Other Nesting Raptors
Implementation of the project would include tree and other vegetation removal, and construction noise, which could result in disturbance to or direct loss of nesting Swainson’s hawk, white-tailed kite, and other nesting raptors, potentially resulting in nest abandonment, failure, or mortality of chicks and eggs. This would be a potentially significant impact.

Mitigation Measure: Mitigation Measure 4.2-4, “Protect Swainson’s Hawk, White-Tailed Kite, and Other Nesting Raptors,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2-4 into the project will reduce the potentially significant impact on Swainson’s hawk, white-tailed kite, and other nesting raptors to a less-than-significant level because it will require that project activities will not involve removing an active nest tree or disturbing nest sites. Therefore, the project with mitigation will not result in significant impacts to Swainson’s hawk, white- tailed kite, and other nesting raptors.

Impact 4.2-5: Potential for Project Construction to Result in Disturbance to or Loss of Song Sparrow (“Modesto” Population) and Other Nesting Birds
Implementation of the project would involve tree and other vegetation removal, which could result in disturbance to or direct loss of nesting song sparrow (“Modesto” population) and other nesting birds, potentially resulting in nest abandonment, nest failure, or mortality of chicks and eggs. This would be a potentially significant impact.

Mitigation Measure: Mitigation Measure 4.2-5, “Protect Song Sparrow (“Modesto” Population) and Other Nesting Birds,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2-5 into the project will reduce the potentially significant impact on nesting song sparrow (“Modesto” population) and other nesting birds to a less-than-significant level because it will require that project activities not remove an active nest or disturb nest sites.

DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT
Supplemental Findings
City of Stockton
RWCF Modifications Project – Outfall Relocation 5
Therefore, the project with mitigation will not result in significant impacts to song sparrow (“Modesto” population) and other nesting birds.

Impact 4.2-6: Potential for Project Construction to Result in Disturbance to or Loss of Special-Status Bats
Implementation of the project would include construction near a bridge and other structures that could potentially provide roost habitat for common and special-status bats, particularly pallid bat. Construction noise could disturb active bat colonies, causing them to abandon their roosts or young or affect foraging behavior, affecting the survival of young or adult bats. This would be a potentially significant impact.

Mitigation Measure: Mitigation Measure 4.2-6, “Protect Special-Status Bats,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2-6 into the project will reduce the potentially significant impact on pallid, or other special-status, bats to a less-than-significant level because it will require surveys to confirm that bats are absent from potential roost sites or avoid disturbance during sensitive periods for bats. Therefore, the project with mitigation will not result in significant impacts to special-status bats.

Impact 4.2-7: Potential for the Project to Result in Disturbance to or Loss of Waters of the United States and State
Construction of the proposed new outfall within the San Joaquin River would result in temporary dewatering of approximately 0.04 acre of the San Joaquin River and permanent fill of approximately 0.02 acre of waters of the United States and state because of apron demolition and placement of a steel pipe and riprap to create the new outfall. Therefore, implementation of the project would result in a substantial adverse effect on state and federally protected waters. Loss of wetlands and other waters of the United States and state would be a significant impact.

Mitigation Measure: Mitigation 4.2-7, “Compensate for Loss of Waters of the United States and State,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2-7 into the project will reduce the significant impact on waters of the United States and waters of the state to a less-than-significant level because it will ensure no net loss of functions and acreage of waters of the United States and waters of the state. Therefore, the project with mitigation will not result in significant impacts to waters of the United States and waters of the state.

Impact 4.2-8: Potential for Project Construction to Result in Disturbance to or Loss of Riparian Habitat
Construction of the proposed outfall along the San Joaquin River levee would result in direct removal of riparian vegetation. This would be a significant impact.

Mitigation Measure: Mitigation Measure 4.2-8, “Minimize Loss of Riparian Habitat,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.2-8 into the project will reduce the significant impact on riparian habitat to a less-than-significant level because it will require replacement planting of riparian trees and restoration of understory vegetation and channel contours at the site. Therefore, the project with mitigation will not result in significant impacts to riparian habitat.

Aquatic Biological Resources
Impact 4.3-3: Potential for Project Construction to Cause Direct Fish Injury or Mortality, Resulting in Impacts on Fish Populations
Construction of the cofferdam, subsequent dewatering of the area to provide a dry work area, and restoration of natural contours of the river postconstruction have the potential to cause direct mortality or injury to special-status fishes or other fish of the lower San Joaquin River. The potential for direct mortality or injury to special-status fishes would be minimized by limiting in-river construction activities to the July 1 to October 31 period and installing a cofferdam to hydraulically isolate the outfall installation from the river. The very limited injury or DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT
Supplemental Findings
City of Stockton
RWCF Modifications Project – Outfall Relocation 6
mortality that could potentially occur to non-special-status fish species would not occur at a level that would cause a reduction in their population. Nevertheless, it is possible that individual special-status fish could become stranded in the cofferdam footprint. The potential for direct mortality or injury to special-status fishes stranded within the cofferdam would constitute a substantial adverse effect on the special-status species and thus would be a potentially significant impact.

Mitigation Measure: Mitigation Measure 4.3-3, “Conduct Fish Rescue and Relocation Operation,” is hereby adopted and will be implemented as provided by the MMRP.

Finding: Incorporation of Mitigation Measure 4.3-3 into the project will reduce the impact to a less-than- significant level because construction will occur during the July 1 through October 31 when no Endangered Species Act-listed salmonid juveniles or delta smelt are expected to be in the project reach of the river and thus are not expected to become entrained within the cofferdammed area; any juvenile green sturgeon present in the river during construction that become entrained are hardy and will handle being rescue-seined and placed back into the river; most, if not all non-special status fishes that become entrained within the cofferdammed area will be safely removed and returned to the San Joaquin River before the start of construction work within the cofferdammed area; and any losses of small numbers of individual non-special-status fishes within the cofferdammed area will have no population-level effects on the species. Therefore, the project with mitigation will not result in significant impacts to fish populations.

Less-than-Significant Impacts or Less Than Cumulatively Considerable Impacts The following less-than-significant impacts or less than cumulatively considerable impacts are identified in the Final Supplemental EIR.

Hydrology and Water Quality
 Impact 4.1-1: Potential for Project Construction to Affect Water Quality  Impact 4.1-2: Potential for Project Construction to Cause Increased Erosion or Affect Flood Flows  Impact 4.1-3: Potential for Project Operations to Affect Water Quality  Impact 4.1-4: Potential for the New Outfall to Cause Increased Erosion or Affect Flood Flows Aquatic Biological Resources
 Impact 4.3-1: Potential for Project Construction-related Alterations in Aquatic and Riparian Habitat to Affect Aquatic Species
 Impact 4.3-2: Potential for Project Construction-Related Underwater Noise and Vibration to Affect Fish and Their Prey Organisms
 Impact 4.3-4: Potential for the RWCF’s Thermal Plume in the San Joaquin River to Thermally Block or Substantially Delay the Migrations or Movements of Fishes Past the New Outfall  Impact 4.3-5: Potential for the RWCF Effluent Discharge to Cause Mortality or Chronic Adverse Sublethal Effects on Fish, Phytoplankton, Zooplankton, or Macroinvertebrates Moving through the Thermal Plume  Impact 4.3-6: Potential for the Abandoned-in-Place Outfall Structure to Affect Movements of Fishes or Increase Predation on Special-Status Fishes
 Impact 4.3-7: Potential for the New East Bank Outfall Structure and Thermal Plume to Cause Increased Predation on Special-Status Fishes
Cumulative
 Hydrology and Water Quality
 Terrestrial Biological Resources
 Aquatic Biological Resources
DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT
Supplemental Findings
City of Stockton
RWCF Modifications Project – Outfall Relocation 7
Alternatives
The Draft Supplemental EIR evaluated a reasonable range of alternatives to the Outfall Relocation Project, including the No-Project Alternative, followed by identification of an environmentally superior alternative. Because of the project purpose and objectives (i.e., relocation of the RWCF river outfall to further consolidate facilities, maximize ability to discharge by gravity flow, and comply with NPDES permit limitations), alternatives that feasibly attain most of these project objectives are limited. The No-Project Alternative and Diffuser Outfall Alternative were carried forward for detailed analysis in the Draft Supplemental EIR with regard to whether they would reduce or avoid the significant impacts of the project.

The City finds that no new alternatives have been identified and that the feasibility of the analyzed alternatives has not changed since the Draft Supplemental EIR was circulated for public review. The City certifies that it has independently reviewed and considered the information on alternatives provided in the Draft Supplemental EIR and the administrative record, and finds, for the reasons set forth below, that each of the following alternatives cannot feasibly attain, either at all or to the same extent as the proposed project, one or more of the project objectives or fails to avoid or substantially lessen the significant effects of the project.

1. No-Project Alternative
The No-Project Alternative constitutes no change to the RWCF Modifications Project; thus, the City would continue to implement the project as described in the RWCF Modifications Project EIR. Under the No-Project Alternative, the existing outfall on the west bank of the San Joaquin River would be used to discharge effluent from the RWCF to the San Joaquin River. This would require the installation of 2,000 linear feet of pipeline to connect the final effluent pump station to the outfall on the west bank of the river. The new construction would occur on land, and no in-river construction would occur. After the modified RWCF on the east side of the river is operational, the siphon and pumps would be required to operate 100 percent of the time to move effluent to the existing west-bank outfall. Because the existing west-bank outfall would continue to be used, requiring continued pumping of final RWCF effluent for discharge to the river, and compliance with the RWCF NPDES permit temperature limitations would be less certain, the No-Project Alternative does not meet any of the project objectives.

2. Diffuser Outfall Alternative
The Diffuser Outfall Alternative would move the outfall to the same new location identified for the project and would involve the same primary construction and installation elements described for the project except that the discharge of treated effluent to the San Joaquin River would go through a multiport bottom diffuser outfall instead of the side bank outfall as planned for the project. The preliminary design efforts identified a 72-inch diffuser outfall with a length of 130 feet and ten 16-inch ports in alternating directions as the most applicable configuration for wastewater discharge. The diffuser would be oriented perpendicular to river flow and centered in the river channel. Additionally, the diffuser ports would be angled 15 degrees from horizontal. The Diffuser Outfall Alternative may not fully achieve compliance with the RWCF NPDES permit temperature limitations, thus would not achieve all the project objectives.

3. Environmentally Superior Alternative
The State CEQA Guidelines require identification of an environmentally superior alternative from among the range of reasonable alternatives that were evaluated (Section 15126.6[e]). Table 6-1 of the Draft Supplemental EIR summarizes the environmental analyses for the Outfall Relocation Project alternatives. The No-Project Alternative would result in reduced environmental impacts compared to the project; however, it would not attain any of the project objectives. The Diffuser Outfall Alternative would result in environmental impacts similar to the project; however, it would not attain the project objective to comply with NPDES permit limitations for temperature as well as the project would.

Although the State CEQA Guidelines stipulate that an EIR shall identify an environmentally superior alternative from among the alternatives to the project, in this instance, the Diffuser Outfall Alternative would not result in fewer significant environmental impacts, relative to the Project. Moreover, neither alternative can fully achieve all three Project objectives. All significant impacts of the project can be mitigated to a less-than-significant level, and the proposed project best meets the project objectives.

DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT
Supplemental Findings
City of Stockton
RWCF Modifications Project – Outfall Relocation 8
Additional Findings

1. These Supplemental Findings incorporate by referenc e in their entirety the text of the Supplemental EIR.

Without limitation, this incorporation is intended to elaborate on the scope and nature of the project, related mitigation measures, and the basis for determining the significance of such impacts.

2. All of the environmental effects of the Outfall Relocation Project have been adequately addressed in the Supplemental EIR and have been mitigated to a less-than-significant level or avoided.

3. Section 15093(b) of the State CEQA Guidelines provides that when the decision of the public agency results in the occurrence of significant impacts that are not avoided or substantially lessened, the agency must state in writing the reasons to support its actions. The Supplemental Findings address all of the potentially significant impacts associated with implementation of the Outfall Relocation Project. The Supplemental EIR concluded that the impacts associated with the project are less than significant with the adoption of identified mitigation measures. As a result, the adoption of a Statement of Overriding Considerations for the project is not required.

4. The State CEQA Guidelines Section 15074 requir es the lead agency approving a project to adopt an MMRP for changes to the project that it adopts or makes a condition of project approval in order to ensure compliance during project implementation. The Stockton City Council adopts the MMRP for the Outfall Relocation Project and the specific mitigation measures will be monitored in conjunction with the City’s MMRP process.

RECORD OF PROCEEDINGS
For purposes of CEQA and these Supplemental Findings, the record of proceedings consists of the following documents and other evidence, at a minimum:
 the RWCF Modifications Project EIR certified by the Stockton City Council on March 26, 2019;  the Supplemental EIR for the project, including, without limitation, the Draft Supplemental EIR, Final Supplemental EIR, and all of their appendices;
 all studies, EIRs, maps, rules, regulations, guidelines, permits and other documents and materials incorporated by reference in any portion of the EIRs;
 the MMRP for the project;
 matters of common knowledge, including but not limited to federal, state, and local laws and regulations, including, without limitation, City’s adopted CEQA Procedures, and other adopted plans, policies, and programs;
 any documents expressly cited in these Supplemental Findings; and  all materials not otherwise identified which are expressly required to be in the record of proceedings by PRC Section 21167.6(e).

CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials which constitute the record of proceedings are located at the City of Stockton Municipal Utilities Department. Copies of those documents are, and at all relevant times have been and will be, available upon request at the following address. The custodian of the record of proceedings may be contacted as follows:

City of Stockton
Municipal Utilities Department
2500 Navy Drive
Stockton, CA 95206
209.937.8700
DRAFT EXHIBIT 3

ATTACHMENT E
DRAFT

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