Loading...
HomeMy WebLinkAboutResolution 2001-080 N.C.S. 04/02/2001• y Resolution No. 2001-080 N.C.S. of the City of Petaluma, California AUTHORIZTNG THE ADOPTION OF FINDINGS AND DETERMINATIONS AND STATEMENT OF OVERRIDING CONSIDERATIONS IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY AGT'RELATING TO THE ELEVENTH AMENDED AGREEMENT FOR WATER SUPPLY WHEREAS, the Sonoma County Water Agency (Agency),. as the lead agency for the Water Supply and Transmission System Project (Project), prepared an Environmental Impact Report (EIR) dated October 1998, that discloses the potential environmental impacts of the Project, and among the purposes of the Project is the provision of~a,safe, reliable and economical water supply tomeet. the defined future needs of the Agency's service area, and~the defined future water needs of the Agency's water supply contractors, including the City of Petaluma (City).; and WHEREAS, the Project EIR incorporated by reference the projected future land uses documented in city and county general plans and related environmental documentation for the areas in which the Project could supply water; and WHEREAS, the City of Petaluma General Plan establishes that future land uses within the City were appropriately projected and environmentally documented, and that information has been provided by the City concerning the water supply .required to serve said land uses was also incorporated in the Project EIR; and WHEREAS, the Project EIR identified potentially significant. adverse impacts on the environment, including significant unavoidable impacts as a result of construction and implementation of the Project, and the Board of Directors of the Agency, on November 17, 1998, considered the environmental effects; of the Project as represented in the EIR, and thereafter adopted Resolution 98-1423, certifying the EIR as having been completed in accordance and compliance with the California Environmental Quality Act (CEQA), and- thereafter, on December 15, 1998, the Board adopted specific findings, mitigation measures., a monitoring program and a statement of overriding considerations as conditions of approval for the Project., by Resolution 98-1614, and approved the Project, and thereafter filed a Notice of Determination, dated December 15, 1998, in accordance with. the provisions of the CEQA; and WHEREAS, the Eleventh Amended Agreement for Water Supply (Amendment 11) will implement portions of the Water Supply and Transmission System Project, and the environmental impacts of Amendment 11 are evaluated in the Water Supply and Transmission System Project EIR; and WHEREAS, in August 2000 the Agency conducted an Environmental Analysis to assess whether a subsequent. or supplemental ETR, or other environmental document was. required pursuant to the California Environmental Quality Act (CEQA) for the Project, and that Enviromnenta~l Analysis concluded there were no changes in circumstances or new information that was not known at the time the Water Supply and Transmission System Project EIR was certified that will result in substantially more severe or new significant impacts beyond those described in the previous EIR; and WHEREAS,. the Agency Board of Directors on August 22, 2000 adopted Resolution 00-102.1., finding that there were no changes in circumstances or new information not known at the time the Water Supply and Transmission System Project EIR was certified that will result in substantially more severe or new significant impacts beyond those described in the previous EIR, and that no subsequent or supplemental EIR, or other environmental document is required prior to proceeding with Amendment 11, and approved Amendment 11; and WHEREAS, the City of Petaluma also has assessed whether a subsequent or supplemental EIR, or other environmental document was required pursuant to the California Environmental Quality Act (CEQA) for the Project or Amendment 11, and has concluded that there have been no changes in circumstances or new information which was not known at the time the Water Supply and Transmission System Project EIR. was certified that will result in substantially more severe or new significant impacts beyond those described in the previous EIR; and WI~EREAS, the Agency, in order to implement. its. decision to approve said Project, has requested that the Agency's water supply contractors;approve execution of Amendment. l 1, and in response to said request the City Council of Petaluma, acting as a Responsible Agency pursuant to CEQA and the State CEQA Guidelines, has considered the environmental effects of Amendment 11, as disclosed and documented in the Final EIR prepared by the Agency for the Project, in connection with the City's consideration of Amendment 11, as well as all findings made by the Agency related to the Project. NOW THEREFORE BE IT RESOLVED, by the City Council of Petaluma, acting as a Responsible Agency under CEQA, and Having. considered the EIR for the Project certified by the Agency, all public testimony, and all comments and evidence, written and oral, related to the Project and Amendment 11, the City Council of~Petaluma, hereby finds, determines and declares as follows: 1. All of the above findings are.true .and. correct.; the City of Petaluma adopts and incorporates herein. by reference the findings and determinations made by Agency Board of Directors on December 15, 1998 by Resolution 98-16.14, attached hereto, and August 22, 2000 by Resolution 00-1021, attached hereto, in connection wifh approval of the Project, insofar as those findings and determinations apply to implementation of said Project to serve the City of Petaluma by means of the measures provided for in Amendment 11. 2. In addition to the Statement of Overriding Considerations incorporated herein from Water Agency Resolution 98-1614, the Petaluma City Council finds and determines that, based on evidence set forth in the administrative record, the Petaluma Aqueduct is currently vulnerable to 2 mechanical, structural, .and electrical outages that could substantially reduce the City's water supply, that the facil~~ities to be~eonstructed pursuant ~ta~ Amendment 11 are critical to ensure that the citizens of the City of Petaluma have a safe and reliable water supply to ensure protection of public health, safety and welfare, and that this cr-itical need outweighs the unavoidable significant environmental risks and impacts identified in the EIR~ for the .Project certified by the Agency, all public testimony, and all comments and evidence, written and oral, related to the Project and Amendment 11. 3. There have been no changes in circurnstances or new information that will result in substantially more severe or new significant impacts beyond. those described in the previous EIR and that require preparation of a subsequent or supplemental environmental document, pursuant to CEQA. Under the power and auU~ority conferred upon this Council by the Charter of said City. REFERENCE: I hereby czrtify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on April 2, 2001 by the following vote: Approved as to form: AYES: Thompson, Healy, O'Brien, Maguire, Moynihan NOES: Torliatt, Cader-Thompson ABSENT: None ATTEST: ~,' _ City Q erk SOMACH, SIMMONS & DUNN Special Counsel Mayor _`ti - -~ ,r 3