HomeMy WebLinkAboutD-1 Staff Report - MOU with AUSD Re Old Schoolhouse BuildingD-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, DIRECTOR OF COMMUNITY DEVELOPMENT
MARCO A. MARTINEZ, CITY ATTORNEY
DATE: FEBRUARY 22, 2022
SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF AZUSA
AND THE AZUSA UNIFIED SCHOOL DISTRICT CONCERNING THE TRANSFER
OF OWNERSHIP OF THE OLD SCHOOLHOUSE BUILDING
BACKGROUND:
The Old Schoolhouse building is located at 403 North Angeleno Avenue on the southwest corner of
Slauson Middle School. According to the Azusa Historical Society, it is the last remaining Azusa school
house circa early 1900's and represents important aspects of Azusa history. The structure was originally
built at the old Riley School location between Soldano Avenue and Pasadena Avenue on 4th Street. The
building, in and of itself, is considered valuable from an architectural standpoint due to it being one of the
only surviving single room wood framed school houses in the San Gabriel Valley. In 1946, it was saved
from demolition by the Azusa School Board of Trustees due to its historical significance and was relocated
to its present location where it has stood for the last 72 years.
Recently, the Azusa Unified School District (AUSD) prepared environmental documents pursuant to the
California Environmental Quality Act (CEQA) to allow the demolition or relocation of the Old
Schoolhouse (Draft EIR). Both the City of Azusa and the Azusa Historical Society submitted comments
on the Draft EIR and urged the AUSD to consider preservation of the Old Schoolhouse and relocation to
another site.
Discussions between City and AUSD officials culminated in a tentative agreement that would transfer
ownership of the Old Schoolhouse to the City of Azusa to relocate the structure to Veteran’s Park and
maintain the building for public benefit as a showcase house and/or museum. The attached MOU
memorializes these terms.
SCHEDULED ITEM
APPROVED
CITY COUNCIL
2/22/2022
Old Schoolhouse MOU
February 22, 2022
Page 2
RECOMMENDATION:
Staff recommends the Council consider the approval of:
1) Approval of a Memorandum of Understanding (MOU) between the City of Azusa and the Azusa
Unified School District (AUSD) concerning the transfer of ownership of the Old Schoolhouse
building, subject to additional changes determined appropriate by the City Manager and City
Attorney as a result of any comments from AUSD.
ANALYSIS:
On February 15, 2022, the AUSD Board of Trustees certified the environmental impact report for the Old
Schoolhouse building (Final EIR). That certification allows the City of Azusa, as a responsible agency,
to rely on the Final EIR and pursue funding to relocate the Old Schoolhouse building to Veteran’s Park.
The attached MOU describes the understanding between the City and AUSD concerning this proposal. It
provides:
1. The AUSD will continue to maintain the Old Schoolhouse Building at its present location,
while the City pursues funding to complete studies that will identify how to properly relocate and preserve
the building.
2. Once funding is identified and the consultant studies are completed, the City will issue a
“Notice to Proceed” to the AUSD Superintendent informing the AUSD of the City’s intent to take
ownership and coordinate the relocation. The Notice to Proceed will also require the AUSD to submit
documents to evidence the transfer of ownership of the building structure to the City.
3. Once coordinated, the City will be responsible for relocating the structure to Veteran’s Park
and assuring its preservation.
4. The City will have twelve (12) months to issue the Notice to Proceed (subject to two, 3-
month extensions).
If the City has not issued its Notice to Proceed during the allotted time, the AUSD may pursue other
actions it deems necessary. The MOU is currently being reviewed by the AUSD. Thus, they may have
modifications. For that reason, staff is requesting the City Council provide authority for the City Manager
and City Attorney to incorporate additional changes (that do not change the substance of the MOU)
FISCAL IMPACT:
Unknown. However, the City is pursuing grant opportunities that would pay for the consultant studies,
relocation and preservation of the building.
CEQA
As noted, the AUSD certified the Final EIR on February 15, 2022. The City, as a responsible agency, will
rely on the analysis, mitigation monitoring and reporting program in accordance with CEQA for the
relocation to Veteran’s Park.
Old Schoolhouse MOU
February 22, 2022
Page 3
Prepared by: Prepared by:
Matt Marquez Marco A. Martinez
Director of Community & Economic Development City Attorney
Reviewed and Approved: Reviewed and Approved:
Nico De Anda-Scaia Sergio Gonzalez
Deputy City Manager City Manager
Attachment: Memorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
REGARDING OLD SCHOOLHOUSE BUILDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made this ___ day of
___________ 2022, by and between the AZUSA UNIFIED SCHOOL DISTRICT
(“DISTRICT”), a California School District, and the CITY OF AZUSA (“CITY”), a California
Municipal Corporation. DISTRICT and CITY are sometimes hereinafter referred to individually
as “Party” or collectively as “Parties.”
RECITALS
The Parties enter into this MOU on the basis of the following facts, understandings, and
intentions.
A.DISTRICT owns a historic school building place on property located at 403 North
Angeleno Avenue, in the City of Azusa, on the southeast corner of Slauson Middle School, more
commonly known as the Old Schoolhouse (“Building”).
B.On October 4, 2005, DISTRICT’S Board of Education (“Board”) adopted
Resolution #05-06:30, which established a process for removal of the Building by either
demolition or transfer of ownership to an interested government or nonprofit agency.
C.CITY expressed an interest in accepting the Building for the purpose of
preservation, relocation and display of the Building from the Slauson Middle School site to the
Veterans Freedom Park, located at 213 East Foothill Boulevard, in the City of Azusa (“CITY
Relocation Site”) (the “Project”).
D.Prior to commencement of the Project, the District prepared certain documents
required for compliance with the California Environmental Quality Act (CEQA) to determine
what, if any, effects the Project will have upon the environment, and either mitigating such
impacts or finding that the benefits of the Project outweigh any identified unmitigated impacts.
E.A Draft Environmental Impact Report (“Draft EIR”) was prepared and made
available for a 45-day public review period from June 12, 2019, through July 26, 2019.
F.On February 15, 2022 DISTRICT adopted a Resolution certifying an
Environmental Impact Report (“Final EIR”) setting forth the DISTRICT’S actions and
procedures during its environmental review of the Project, including the preparation of the
“CEQA Findings of Fact Regarding the Final Environmental Impact Report for the Removal of
Old Schoolhouse, State Clearinghouse No. 2018041074” (“Findings of Fact”) and the
“Mitigation Monitoring and Reporting Program” (“Monitoring Program”). A copy of the
Resolution is attached hereto as Exhibit “A” to this MOU.
G.Now that DISTRICT has complied with CEQA, CITY and DISTRICT wish to
enter into this MOU for the purpose of memorializing their understanding of the Project and
clarifying the steps required for CITY’s acceptance of the Building for the purpose of moving
and relocating it to the CITY Relocation Site.
Attachment 1
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NOW, THEREFORE, incorporating and in consideration of the mutual covenants
contained herein, parties mutually agree to the following:
MOU TERMS
SECTION 1. ACCEPTANCE & RELOCATION OF BUILDING
1.01 DISTRICT agrees to transfer ownership of the Building to CITY and CITY
agrees to accept ownership of the Building from DISTRICT for the purpose of preservation and
display on the CITY Relocation Site. DISTRICT shall provide CITY with documents
evidencing such transfer of ownership and relinquishing any right, title or control over Building
or its use.
1.02 DISTRICT and CITY understand and agree that CITY’s acceptance of ownership
of the Building is dependent upon certain studies being prepared by consultants who will advise
the Parties on proper methods to relocate, preserve and display the Building, both during the
relocation process and during the siting process (“Consultant Studies”). As a result, until such
Consultant Studies are completed, DISTRICT agrees to maintain and preserve the Building in its
current state and not allow further deterioration or disrepair.
1.03 Upon completion of the Consultant Studies, CITY’S City Manager shall provide
DISTRICT’s Superintendent with a “Notice to Proceed” evidencing the effective date of the
proposed relocation and acceptance of the Building by CITY. DISTRICT’s Superintendent shall
provide City Manager with any and all documents required evidencing CITY’s ownership of
Building. Upon receipt of such documents, CITY and DISTRICT shall coordinate the relocation
date and access to the Building.
1.04 CITY, through CITY’S consultants and contractors shall undertake the relocation
in accordance with the approved Consultant Studies and the Final EIR and shall assure that the
Slauson Middle School Site is left in a safe and clean condition upon removal of the Building.
1.05 Upon completion of the relocation and placement of the Building on the City site
at Veteran’s Park, City Manager shall notify Superintendent of the termination of this MOU.
SECTION 2. TERM.
2.01 The term of this MOU shall begin upon execution by both Parties and shall expire
upon one of the following:
2.1.1 The relocation of the Building on the City site; or
2.1.2 Twelve months from the date of execution of this MOU by both parties.
Notwithstanding this Section 2.1.2, this MOU may be extended by DISTRICTS Superintendent
and CITY’S City Manager for two (2) and additional three (3) month periods or one additional
six (6) month period. If this MOU expires pursuant to this Section 2.1.2, DISTRICT and CITY
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shall have not further obligations to each other, except as may be described in Section 3.01 and
3.02.
SECTION 3. MISCELLANEOUS.
3.01 DISTRICT Indemnification. While the Building is located on the Slauson
Middle School Site, DISTRICT shall defend and indemnify CITY it’s officials, employees,
consultants and volunteers against, any and all claims, demands, liability, judgments, awards,
fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, attorneys’ fees,
and court costs related to this MOU and the DISTRICT’s preparation and adoption of the Final
EIR. This obligation shall survive the termination of this MOU.
3.02 CITY Indemnification. Once CITY provides DISTRICT’s Superintendent with
a Notice to Proceed with an effective date, CITY shall defend and indemnify DISTRICT’s
officials, employees, consultants and volunteers against, any and all claims, demands, liability,
judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages,
expenses, attorneys’ fees, and court costs related to CITY’s Relocation of the Building or the
CITY’s siting of the Building on the CITY Site or its preservation methods once the Building is
sited. This obligation shall survive the termination of this MOU.
3.03 Governing Laws and Venue. This MOU has been negotiated and executed in
the State of California and shall be governed by and construed under the laws of the State of
California. In the event of any legal action to enforce or interpret this MOU, the sole and
exclusive venue shall be a court of competent jurisdiction located in Los Angeles County,
California.
3.04 Severability. If any term or portion of this MOU is held to be invalid, illegal,
void or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this MOU shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this MOU as of the day first
above written when the final Party has signed this MOU.
[SIGNATURES ON NEXT PAGE.]
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AZUSA UNIFIED SCHOOL DISTRICT
By:
Board President
ATTEST:
Board Secretary
APPROVED AS TO FORM:
General Counsel
CITY OF AZUSA
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT “A”
DISTRICT EIR RESOLUTION
February 2022 | Final Environmental Impact Report
State Clearinghouse No. 2018041074
OLD SCHOOLHOUSE REMOVAL
Azusa Unified School District
Prepared for:
Azusa Unified School District
Contact: Arturo Ortega
Superintendent
546 South Citrus Avenue
Azusa, California 91702
626.858.6182
Prepared by:
PlaceWorks
Contact: Dwayne Mears, Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
info@placeworks.com
www.placeworks.com
OLD SCHOOLHOUSE REMOVAL FINAL EIR
AZUSA UNIFIED SCHOOL DISTRICT
Table of Contents
February 2022 Page i
W
Section Page
1. INTRODUCTION ........................................................................................................................... 1-1
1.1 INTRODUCTION ............................................................................................................................................. 1-1
1.2 FORMAT OF THE FEIR ................................................................................................................................. 1-1
1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES ................................. 1-2
2. RESPONSE TO COMMENTS ...................................................................................................... 2-1
OLD SCHOOLHOUSE REMOVAL FINAL EIR
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Table of Contents
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Febr uary 2022 Page 1-1
1. Introduction
1.1 INTRODUCTION
This Final Environmental Impact Report (FEIR) has been prepared in accordance with the California
Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and CEQA
Guidelines (California Administrative Code Section 15000 et seq.).
According to CEQA Guidelines, Section 15132, the FEIR shall consist of:
(a) The Draft Environmental Impact Report (DEIR) or a revision of the Draft;
(b) Comments and recommendations received on the DEIR either verbatim or in summary;
(c) A list of persons, organizations, and public agencies comments on the DEIR;
(d) The responses of the Lead Agency to significant environmental points raised in the review
and consultation process; and
(e) Any other information added by the Lead Agency.
This document contains responses to comments received on the DEIR for the Old Schoolhouse Removal
during the public review period, which began June 12, 2019, and closed July 26, 2019. This document has
been prepared in accordance with CEQA and the CEQA Guidelines and represents the independent
judgment of the Lead Agency. This document and the circulated DEIR comprise the FEIR, in accordance
with CEQA Guidelines, Section 15132.
1.2 FORMAT OF THE FEIR
This document is organized as follows:
Section 1, Introduction. This section describes CEQA requirements and content of this FEIR.
Section 2, Response to Comments. This section provides a list of agencies and interested persons
commenting on the DEIR; copies of comment letters received during the public review period, and
individual responses to written comments. To facilitate review of the responses, the comment letters received
have been reproduced and assigned a letter, A1, A2 and A3. Individual comments have been numbered for
the letter, and the letter is followed by responses with references to the corresponding comment number.
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1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES
CEQA Guidelines Section 15204 (a) outlines parameters for submitting comments, and reminds persons and
public agencies that the focus of review and comment of DEIRs should be “on the sufficiency of the
document in identifying and analyzing possible impacts on the environment and ways in which significant
effects of the project might be avoided or mitigated. Comments are most helpful when they suggest
additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the
significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is
determined in terms of what is reasonably feasible. …CEQA does not require a lead agency to conduct every
test or perform all research, study, and experimentation recommended or demanded by commenters. When
responding to comments, lead agencies need only respond to significant environmental issues and do not
need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made
in the EIR.”
CEQA Guidelines Section 15204 (c) further advises, “Reviewers should explain the basis for their comments,
and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion
supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered
significant in the absence of substantial evidence.” Section 15204 (d) also states, “Each responsible agency
and trustee agency shall focus its comments on environmental information germane to that agency’s statutory
responsibility.” Section 15204 (e) states, “This section shall not be used to restrict the ability of reviewers to
comment on the general adequacy of a document or of the lead agency to reject comments not focused as
recommended by this section.”
In accordance with CEQA, Public Resources Code Section 21092.5, copies of the written responses to public
agencies will be forwarded to those agencies at least 10 days prior to certifying the environmental impact
report. The responses will be forwarded with copies of this FEIR, as permitted by CEQA, and will conform
to the legal standards established for response to comments on DEIRs.
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2. Response to Comments
Section 15088 of the CEQA Guidelines requires the Azusa Unified School District (District) to evaluate
comments on environmental issues received from public agencies and interested parties who reviewed the
DEIR and prepare written responses.
This section provides all written responses received on the DEIR and the District’s responses to each
comment.
Comment letters and specific comments are given letters and numbers for reference purposes. Where
sections of the DEIR are excerpted in this document, the sections are shown indented. Changes to the DEIR
text are shown in underlined text for additions and strikeout for deletions.
The following is a list of agencies and persons that submitted comments on the DEIR during the public
review period.
Number Reference Commenting Person/Agency Date of Comment Page No.
Agencies & Organizations
A1 Azusa Historical Society, Board of Directors July 18, 2019 2-3
A2
City of Azusa, Matt Marquez, Economic and Community Development
Director July 29, 2019 2-7
A3
Governor’s Office of Planning and Research, State Clearinghouse, Scott
Morgan, Director July 29, 2019 2-13
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LETTER A1 – Azusa Historical Society, Board of Directors (4 pages)
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Attachment to Azusa Historical Society letter, page 1
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Attachment to Azusa Historical Society letter, page 2
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A1. Response to Comments Azusa Historical Society, Board of Directors, dated July 18, 2019.
A1-1 The commenters state that the Azusa Historical Society Board of Directors are opposed
to the demolition of the Old Schoolhouse. The commenters indicate that the Old
Schoolhouse is the last remaining schoolhouse circa 1990s and the building is considered
valuable from an architectural and historical standpoint.
The District shares the Historical Society’s concern over the potential demolition of the
Old Schoolhouse. The District has selected the Relocated and Rehabilitation for Reuse
Alternative and is working with the City of Azusa to relocate the Old Schoolhouse to
Veterans Freedom Park.
A1-2 The commenters state that the Azusa Historical Society has frequently provided tours of
the Museum located at the Durrell House to elementary school children, which include
tours of “mock-up” turn-of-the-century classrooms. The commenters opine that there
is an opportunity to create a partnership with the District so that students can visit the
preserved Old Schoolhouse. The commenters state that due to the Old Schoolhouse’s
local significance as a cultural and historical landmark, that it also meets the criteria for
state designation.
As indicated on page 5.1-10 in Chapter 5.1, Historical Resources, of the Draft EIR, the Old
Schoolhouse is eligible for listing in the California Register of Historic Resources under
Criteria 1 and 3. The proposed project would relocate the Old Schoolhouse to Veterans
Freedom Park. As the Draft EIR includes the same conclusion as the commenter, no
changes to the analysis are required.
A1-3 The commenters urge the District to consider preservation and restoration of the Old
Schoolhouse. The commenters also attached two copies of the Notice of Availability for
the Draft EIR (see the Societies attachments of the Notice of Availability, pages 2-4 and
2-5).
The District agrees that relocation and preser vation of the Old Schoolhouse is
preferable and selected the Relocated and Rehabilitation for Reuse Alternative. The
District is working with the City of Azusa to relocate the Old Schoolhouse to Veterans
Freedom Park.
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LETTER A2 – City of Azusa, Matt Marquez, Economic and Community Development Director (2 pages)
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Page 2-8 PlaceWorks
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A2. Response to Comments from City of Azusa, Matt Marquez, Economic and Community
Development Director, dated July 29, 2019.
A2-1 The commenter indicates that the Initial Study and Notice of Preparation (IS/NOP)
and the Draft EIR do not list the City of Azusa as a responsible agency for the
proposed project.
While the District disagrees with the City concerning its designation as a responsible
agency under CEQA, the District has selected the Relocated and Rehabilitation for
Reuse Alternative and is working with the City of Azusa to relocate the Old
Schoolhouse to Veterans Freedom Park. The District shares the City’s concern over the
Old Schoolhouse and looks forward to its successful relocation.
A2-2 The commenter opines that the Draft EIR’s assertion, that the proposed project would
not require approval from any public agencies, is incorrect. The commenter states that
City of Azusa Municipal Code Section 55-49 would apply to the proposed project, and
that Government Code Sections 53094 and 53097 are applicable to the proposed
project.
The District is not subject to the City of Azusa’s Municipal Code Section 55-49 and its
procedures for demolition of a potential landmark. While disagreeing with the City’s
comment, the District has selected the Relocated and Rehabilitation for Reuse
Alternative and is working with the City of Azusa to relocate the Old Schoolhouse to
Veterans Freedom Park.
The District has decided to move forward only with the removal of the Old
Schoolhouse and will not proceed with development of a parking lot. This eliminates
the issues raised about Government Code sections 53094 and 53097.
A2-3 The commenter states that the City reserves the right to designate the property as a
historic landmark and/or to nominate the Old Schoolhouse structure for listing on the
California Register of Historic Resources, after which the demolition would require a
certificate of appropriateness from the City. The commenter reiterates that the City
should have been listed as a responsible agency and that the District must comply with
all requirements for responsible agencies under CEQA vis-a-vis the City.
The District is not subject to the City of Azusa’s Municipal Code Section 55-49 and its
procedures for demolition of a potential landmark. However, the District is working
with the City to relocate the Old Schoolhouse to Veterans Freedom Park. The City will
be free to nominate the building for listing on the California Register of Historic
Resources.
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A2-4 The commenter indicates that the neither the Draft EIR nor the IS/NOP provided
substantial evidence to support an explanation as to how the parking lot would comply
with the City’s Stormwater and Urban Runoff Pollution Prevention Ordinance, Azusa
Municipal Code Section 60, or with state or regional water quality control board
requirements under the NPDES program.
The District has decided to move forward only with the removal of the Old
Schoolhouse and will not proceed with development of a parking lot. This eliminates
the issues raised about Government Code sections 53094 and 53097.
A2-5 The commenter states that neither the IS/NOP nor the Draft EIR provide substantial
evidence as to whether the parking lot would result in an increase in stormwater runoff,
for which the City has an obligation under its MS4 permit to control and for which
mitigation may be required under CEQA. The commenter indicates that this issue was
raised in the City’s IS/NOP comment letter, however, Section 3.31 on page 3-3 of the
Draft EIR, states that the parking lot option would “filter stor mwater runoff,” and that
this statement does not constitute substantial evidence.
The District has decided to move forward only with the removal of the Old
Schoolhouse and will not proceed with development of a parking lot. This eliminates
the issues raised about Government Code sections 53094 and 53097.
A2-6 The commenter states that according to CEQA Guidelines, Section 15126.6(e)(2), if the
no-project alternative is the environmentally superior alternative, as is the case in the
Draft EIR, then the EIR must also identify “an environmentally superior alternative”
from among the other alternatives. The commenter states that the “Relocate to Another
District Property and Rehabilitate for Reuse” is the environmentally superior alternative
as it meets all but two of the project objectives.
Table 7-1 on page 7-13 of the Draft EIR identifies three alternatives that would be
environmentally superior to the proposed project. Relocation to Another District
Property and Rehabilitate for Reuse is shown as environmentally superior to the
proposed project. This alternative is discussed beginning on page 7-11 of the Draft EIR.
The District has chosen to implement the relocation alternative and looks forward to the
successful transfer of the Old Schoolhouse to Veterans Freedom Park.
A2-7 The commenter opines that, as a responsible agency for the proposed project, if the
City concludes that the Final EIR is inadequate under State CEQA Guidelines Section
15050 and 15096, the City must either challenge the adequacy of the EIR in court,
assume the lead agency status, or require preparation of a subsequent EIR. The City
looks forward to the preparation of the Final EIR or recirculated Draft EIR that
ensures the environmental review of the proposed project is adequate for the City’s
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purposes, and adequately ascertains, discloses, and feasibly mitigates all potential
environmental impacts of the proposed project.
The District has chosen to implement the relocation alternative and is working with the
City to relocate the Old Schoolhouse to Veterans Freedom Park. With relocation of this
building, the project would have no significant impacts. Recirculation of the Draft EIR
is unnecessary.
A2-8 The commenter states that the Old Schoolhouse has a rich history in the City and its
potential demolition is of significant concern to the City. The commenter states that,
once the District has fully complied with CEQA, the City would encourage the District
to only move forward if the environmentally superior alternative, which is the “Relocate
to another District Property and Rehabilitate for Reuse,” is chosen.
The District is pleased to work with the City on the relocation of the Old Schoolhouse
to Veterans Freedom Park. No further response is necessary.
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LETTER A3 – Governor’s Office of Planning and Research, State Clearinghouse, Scott Morgan, Director (1
page)
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A3. Response to Comments from Governor’s Office of Planning and Research, State
Clearinghouse, Scott Morgan, Director, dated July 29, 2019.
A3-1 The commenter indicates that the State Clearinghouse submitted the EIR to selected
state agencies for review and received no comments from state agencies during the
review period. The commenter states that the Project complied with the State
Clearinghouse review requirements for draft environmental documents.
The comment does not address the adequacy of the Draft EIR as it pertains to CEQA;
therefore, no further response is necessary.