HomeMy WebLinkAboutResolution 2006-087 N.C.S. 05/15/2006 Resolution No. 2006-087 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING CERTAIN AMENDMENTS TO THE MEMORANDUM
OF UNDERSTANDING REGARDING WATER TRANSMISSION SYSTEM CAPACITY
ALLOCATION DURING TEMPORARY IMPAIRMENT; AND AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING REGARDING WATER TRANSMISSION SYSTEM CAPACITY
ALLOCATION DURING TEMPORARY IMPAIRMENT, AS AMENDED
WHEREAS, the City of Petaluma ("City") and the Sonoma County Water Agency
("Agency") are parties to the Eleventh Amended Agreement for Water Supply ("the Eleventh
Amended Agreement"), under which the Agency supplies potable water to the City and to other
cities and districts (the "primary customers"); and,
WHEREAS, the Agency and its primary customers including the City, are parties to an
existing Memorandum of Understanding Regarding Transmission System Capacity Allocation
During Temporary Impairment (the "Existing MOU"), which allocated 84 million gallons per
day (mgd) of transmission system capacity during the summer months among the primary
customers; and,
WHEREAS, by Resolution No. 2005-161 N.C.S. dated September 19, 2005, the City
Council approved the Impairment MOU and authorized the Mayor to execute the Impairment
MOU; and,
WHEREAS, after adoption of Resolution No. 2005-161 N.C.S., the Impairment MOU
was amended; and, .
WHEREAS, the City wishes to approve and authorize execution of the Impairment
MOU as amended; and,
WHEREAS, the City prepared and filed a Notice of Exemption for the Impairment
MOU in accordance with CEQA and the State CEQA Guidelines; and,
WHEREAS, it can be seen with certainty that the amendments to the Impairment MOU
will not have a significant environmental impact; and,
WHEREAS, approval of the amendments to the Impairment MOU are in the interest of
the City and the public interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
Resolution No. 2006-087 N.C.S. Page 1
2. Approval of the following amendments to the Memorandum of Understanding
Regarding Transmission System Capacity during Temporary Impairment are exempt
from the California Environmental Quality Act (CEQA) pursuant to the California
Code of Regulations (Section 15061(b)(3)) because it can be seen with certainty that
there is no possibility that such approval will have a significant effect on the
environment.
3. The following amendments to the Memorandum of Understanding Regarding
Transmission System Capacity during Temporary Impairment are approved: removal
ofreference to Marin Municipal Water District.
4. The Mayor is directed and authorized to execute the Memorandum of Understanding
Regarding Transmission System Capacity during Temporary Impairment containing
the amendments above.
5. The Water Resources and Conservation Director is authorized and directed to file a
Notice of Exemption with the County Clerk in accordance with provisions of the
California Environmental Quality Act.
6. This Resolution shall. become effective. immediately.
7. All portions of this Resolution are severable. Should any individual component of
this Resolution be adjudged to be invalid and unenforceable by a body of competent
jurisdiction, then the remaining Resolution portions shall be and continue in full force
and effect, except as to those Resolution portions that have been adjudged invalid.
The City Council of the City of Petahima hereby declares that it would have adopted
this Resolution and each section, subsection, clause, sentence, phrase and other
portion hereof, irrespective of the fact that one or more section subsection, clause
sentence, phrase or other portion may be held invalid or unconstitutional.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A prove as
Council of the City of Petaluma at a Regular meeting on the 15`~ day of May, 2006, ~ ~ fo
by the following vote: ,,,,,jff ~
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City Auto ey
AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: Mayor Glass _
ABSTAIN: None
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ATTEST: ~C~v i'~ `-LJ ~ q
City Clerk V or
Resolution No. 2006-087 N.C.S. Page 2