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HomeMy WebLinkAboutReso 101-2010RESOLUTION NO. 101-2010 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH THE CITY AND COUNTY OF SAN FRANCISCO FOR THE CRYSTAL SPRINGS PIPELINE NO. 2 REPLACEMENT PROJECT; AND ADOPTING RESPONSIBLE AGENCY FINDINGS. WHEREAS, on December 9, 2009, the City and County of San Francisco published a Draft Environmental Impact Report (DEIR) for the Crystal Springs Pipeline No. 2 Replacement Project (Project); and WHEREAS, on September 30, 2010, the San Francisco Planning Commission certified the Final Environmental Impact Report (FEIR); and WHEREAS, on October 15, 2010, the San Francisco Public Utilities Commission considered the FEIR, found that it was adequate, adopted required California Environmental Quality Act (CEQA) findings, including a Statement of Overriding Considerations, adopted a Mitigation, Monitoring, and Reporting Program (MMRP), and approved the Project; and WHEREAS, the Project will replace and/or repair segments of a 19-mile, 60-inch diameter steel water main known as Crystal Springs Pipeline No. 2. Proposed work areas include intermittent sites along Palm Avenue, Park Way, Spruce Avenue and Randolph Avenue in the City of South San Francisco; and WHEREAS, the goal of this project is to ensure that the City and the region's water system infrastructure has a sustainable and reliable water supply; and WHEREAS, a Memorandum of Agreement is needed to memorialize the rights and obligations of the San Francisco Public Utilities Commission and the City of South San Francisco concerning the project, protect and provide for the potential replacement of impacted City property (curb, median, and gutter), further mutual cooperation, and provide for the means to address potential issues and concerns; and WHEREAS, to address these purposes, the City Attorney has negotiated a Memorandum of Agreement between the City and County of San Francisco and the City of South San Francisco for the Crystal Springs Pipeline No. 2 Replacement Project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves the Memorandum of Agreement with the City and County of San Francisco; and BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council hereby makes the findings attached hereto as Attachment A and incorporated herein pursuant to the California Environmental Quality Act ("CEQA"), Public -1- Resources Code section 21000 et seq., and the Guidelines implementing CEQA ("CEQA Guidelines") Code of Regulations, title 14, section 15000 et seq.; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the subject Memorandum of Agreement in a final form to be approved by the City Attorney. I hereby certify that the foregoing Resolution. was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 8th day of December 2010 by the following vote: AYES: Councilmembers Mark Addiego Pedro Gonzalez, and Karyl Matsumoto, Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin NOES: ABSTAIN: None ABSENT: ATTEST: ~''~., _ _ _ -__ i / City Clerk ~ / ,~ -2- ATTACHMENT A CITY OF SOUTH SAN FRANCISCO CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS RELATED TO THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION'S CRYSTAL SPRINGS PIPELINE NO. 2 REPLACEMENT PROJECT The City of South San Francisco ("City"), acting as a responsible agency under the California Environmental Quality Act (Cal. Pub. Res. Code Section 21000 et seq., hereinafter "CEQA"), hereby adopts the following findings of fact and law under CEQA, and the State CEQA Guidelines (Cal. Admin. Code Title 14, Section 15000 et seq., (hereinafter "CEQA Guidelines"), in conjunction with its approval of the Memorandum of Agreement ("MOA") between the City and the City and County of San Francisco ("CCSF"), acting through its Public Utilities Commission ("SFPUC"): A. CCSF, acting as lead agency under CEQA, certified a Final Environmental Impact Report (hereinafter "FEIR") for the Crystal Springs Pipeline No. 2 Replacement Project ("CSPL2 Project") on September 30, 2010. The State Clearinghouse Number for the FEIR is 2008112050. B. The CSPL2 Project is part of the regional Water System Improvement Program ("WSIP") developed by the SFPUC and funded through avoter-approved bond measure in 2002, to repair, replace, and seismically upgrade the system's aging water conveyance infrastructure. As determined by the SFPUC in the FEIR, environmental review for Project has proceeded independently of the overall WSIP because: (1) the purpose of the CSPL2 Project is to reduce the risk of pipeline failure in a major seismic event, and the CSPL2 Project will serve this function and is necessary regardless of whether any other WSIP project is constructed; (2) the construction of the CSPL2 Project will not increase the normal operating capacity of system, change the manner in which water is dispersed, increase the storage capacity of the system or increase or alter the nature of any treatment capacity of the system; and (3) any potential cumulative impacts associated with this CSPL2 Project are addressed in the FEIR. C. On October 15, 2010, the SFPUC approved the Modified Bridge Design Alternative ("Project") to the CSPL2 Project by SFPUC Resolution No. 10-0174 and, in so doing, adopted findings under CEQA ("CEQA Findings"). The CEQA Findings include extensive findings based on the FEIR regarding the Project's potential environmental impacts, the sufficiency of mitigation measures, responsibility for implementation of mitigation measures including a Mitigation, Monitoring, and Reporting Program ("MMRP"), adoption of the environmentally superior project alternative and rejection of remaining Project alternatives, and a statement of overriding circumstances regarding significant and unavoidable land use, traffic, and noise impacts. D. CEQA obligates a responsible agency to independently consider the environmental effects, as shown in an EIR, of the part of the project for which it has approval authority and to make certain findings described in CEQA Guidelines §§ 15091, 15093, 15096, and 15162. -3- E. The FEIR has been made available for review by City and the public and City has had the opportunity to review and consider the FEIR, which is available for public review at the custodian of the record San Francisco Planning Department offices at 1650 Mission Street, San Francisco, California. F. City finds that the approval action taken herein is within the scope of the Project and activities evaluated in the FEIR. City has reviewed and considered the CEQA Findings and MMRP and hereby incorporates by reference, as though fully set forth herein, SFPUC Resolution No. 10-0174. SFPUC Resolution No. 10-0174, including the CEQA findings, MMRP, and statement of overriding considerations is a part of the record of this approval and are available for review in the Engineering Division as well as the City Clerk's Office. G. City further finds that since the FEIIZ was certified, there have been no substantial Project changes and no substantial changes in Project circumstances that would require major revisions to the FEIR 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 FEIR. H. The SFPUC has adopted the mitigation measures recommended in the FEIR, as set forth in the MMRP, and has authority to implement the mitigation measures or to seek any required approvals for the mitigation measures. City has no direct responsibility for implementation of the MMRP. However, in the event that the identified mitigation measures require consultation, action, or approval by the City, City staff is hereby authorized to implement, coordinate or approve such mitigation measures in a manner consistent with applicable law. I. 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 Project would have on the environment. Furthermore, City finds that the Project is in the public interest because of the water supply's importance for the public safety and welfare, and that the Project's significant and unavoidable environmental impacts are acceptable due to the Project's benefits to the public, as further described in the CEQA Findings incorporated herein. -4-