HomeMy WebLinkAboutResolution 2006-086 N.C.S. 05/15/2006 Resolution No. 2006-086 N.C.S.
of the City of Petaluma, California
APPROVING THE RESTRUCTURED AGREEMENT FOR WATER SUPPLY;
DETERMINING THAT THE RESTRUCTURED AGREEMENT FOR WATER SUPPLY
WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE ENVIRONMENT,
AND AUTHORIZING THE DIRECTOR OF WATER RESOURCES AND
CONSERVATION TO FILE A NOTICE OF EXEMPTION.; AND AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE THE RESTRUCTURED AGREEMENT
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 "Water Contractors"); and,
WHEREAS, the Agency and its Water Contractors, including the City, have negotiated a
new water supply agreement, called the Restructured Agreement for Water Supply
("Restructured Agreement"); and,
WHEREAS, the Restructured Agreement provides funding mechanisms to assist the
Agency to meet its obligations under the federal Endangered Species Act and other
environmental laws and to develop fishery mitigation, enhancement, and environmental
compliance activities and projects, and to encourage the development of recycled water projects
that will reduce potable water use and local water supply projects; and,
WHEREAS, the Restructured Agreement provides a funding mechanism for and will
encourage the development of water conservation programs by the Water Contractors and by
other Agency customers; and,
WHEREAS, the City has been an active participant in negotiations on the Restructured
Agreement since 2001; and,
WHEREAS, the City Council most recently considered the Restructured Agreement on
November 21, 2005 and February 27, 2006; and,
WHEREAS, Agency environmental specialists have reviewed the Restructured
Agreement for Water Supply and have determined that it is 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 approval of the
Restructured Agreement may have a significant effect on the environment; and,
WHEREAS, the City has prepared a Notice of Exemption for the Restructured
Agreement for Water Supply in accordance with CEQA, and the State CEQA Guidelines; and,
WHEREAS,. approval and execution of the Restructured Agreement is in the interest of
the City and in the public interest.
Resolution No. 2006-086 N.C.S. Page I
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.
2. Approval of the Restructured Agreement for Water Supply is 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 approvals will have a significant effect on the environment.
3. The Restructured Agreement for Water Supply is approved.
4. The Mayor is directed and authorized to execute the Restructured Agreement for
Water Supply.
5. The Director of Water Resources and Conservation 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 Petaluma 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.
RErERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appr ved s to
Council of the City of Petaluma at a Regular meeting on the 15`h day of May, 2006, fo
by the following voter
City ~Usrriey
AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: Mayor Glass
ABSTAIN: None
ATTEST: l~~
City Clerk V y
Resolution No. 2006-086 N.C.S. Page 2