HomeMy WebLinkAboutReso - CC - 045-2009RESOLUTION NO. 4s — ?nnu
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
ADOPTING FINDINGS FOR PURPOSES OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
IN CONNECTION WITH APPROVAL OF A WATER SUPPLY AGREEMENT
WITH THE CITY AND COUNTY OF SAN FRANCISCO
WHEREAS, the City of Burlingame (City) purchases water from the City and County of San
Francisco (San Francisco) pursuant to a Settlement Agreement and Master Water Sale Contract
entered into in 1984, which will expire on June 30, 2009; and
WHEREAS, the San Francisco Public Utilities Commission (SFPUC or Commission) operates
the Regional Water System which delivers water to communities in Alameda, San Mateo and
Santa Clara Counties, as well as to customers within San Francisco; and
WHEREAS, engineering reports prepared by and for the SFPUC staff identified serious
deficiencies in the Regional Water System which exposed its Bay Area customers to the threat of
an extended interruption in water delivery in the event of a major earthquake; and
WHEREAS, acting in response to directions from the State Legislature (California Water -
Code Section 73500 et seq.), in 2002 the SFPUC adopted a Water System Improvement Program
(WSIP) to address these deficiencies, ensure the Regional Water System's ability to deliver water
meeting Safe Drinking Water Act standards, and otherwise improve the Regional Water System's
capabilities of meeting customer needs; and
WHEREAS, the San Francisco Planning Department prepared a Program Environmental
Impact Report (PEIR) to evaluate the potential environmental impacts of implementing the WSIP
and the Bay Area Water Supply and Conservation Agency (BAWSCA), of which City is a
member, reviewed and commented on the draft PEK and
WHEREAS, the San Francisco Public Utilities Commission certified the Final PEIR on
October 30, 2008 in its Motion No. 17743, which motion is on file with City; and
WHEREAS, on October 30, 2008, the SFPUC reviewed and considered the PEIR prepared for
the WSIP, adopted findings required by the California Environmental Quality Act (CEQA),
including a mitigation monitoring and reporting program and a statement of overriding
considerations, and approvedtheWSIP in its Resolution No. 08-0200, which resolution is on file
with City; and
WHEREAS, on October 30, 2008, the SFPUC also endorsed selected Water Supply Elements
for the new Water Supply Agreement, which are consistent with the WSIP evaluated in the Final
PEIR, in its Resolution No. 08-0201, which resolution is on file with City's Public Works
Department; and
WHEREAS, the SFPUC, on April 28, 2009, approved a Water Supply Agreement with its
wholesale customers, including City, and recommended that they likewise approve it; and
WHEREAS, prior to acting on the Water Supply Agreement and the accompanying individual
Water Sales Contract, the City Council desires to make certain findings pursuant to 14 California
Code of Regulations Section 15096.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds as follows:
1. City has reviewed the information contained in the Final PEIR that is relevant to its
approval of the Water Supply Agreement and has reviewed the CEQA findings contained in
SFPUC Resolution No. 08-0200, including the Statement of Overriding Considerations and the
Mitigation Monitoring and Reporting Program, which are adopted to the extent they are relevant
to the City's decision to approve the Water Supply Agreement.
2. The SFPUC has already adopted the mitigation measures recommended in the
PEIR, has authority to implement the mitigation measures or to seek any required approvals for
the mitigation measures, and City has no direct authority to implement the mitigation measures,
which may be funded in part with revenues from the Water Supply Agreement.
City has reviewed and considered the Final PEIR and finds that the Final PEIR is
adequate for its use as the decision-making body for its consideration of the Water Supply
Agreement and Individual Water Sales Contract.
4. Approval of the Water Supply Agreement and Individual Water Sales Contract is
within the scope of the WSIP and activities evaluated in the Final PEIR.
Subsequent to the time the Final PEIR was finalized, there have been no substantial
project changes and no substantial changes in project circumstances that would require major
revisions to the Final PEIR due to the involvement of new significant environmental effects or an
increase in the severity of previously identified significant impacts, and there is no new
information of substantial importance that would change the conclusions set forth in the Final
PEIR.
6. City has not identified any feasible alternative or additional feasible mitigation
measures within its powers that would substantially lessen or avoid any significant effect the
WSIP would have on the environment; and
BE IT FURTHER RESOLVED that the City Manager prepare and file a Notice of
Determination with the County Clerk promptly upon the Council's approving the Water Supply
Agreement and an Individual Water Sales Contract with San Francisco.
PASSED AND ADOPTED this 18th day of May, 2009, by the following vote.
AYES: DEAL, KEIGHRAN, NAGEL, BAYLOCK, O'NAHONY
NOES: NONE
ABSENT: NONE
Ann Keighran, May
TO FORM:
Gus'Guinan, City Attorney
ATTEST:
Mary Ellen Kearney, City Clerk