HomeMy WebLinkAboutResolution 2005-161 N.C.S. 09/19/2005 Resolution No. 2005-161 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING WATER
TRANSMISSION SYSTEM CAPACITY ALLOCATION DURING TEMPORARY
IMPAIRMENT; DETERMINING THAT THE MEMORANDUM OF
UNDERSTANDING REGARDING WATER TRANSMISSION SYSTEM CAPACITY
ALLOCATION DURING TEMPORARY IMPAIRMENT WILL NOT HAVE A
SIGNIFICANT ADVERSE EFFECT ON THE ENVIRONMENT; AUTHORIZING THE
COMMUNITY DEVELOPMENT DIRECTOR TO FILE A NOTICE OF EXEMPTION;
AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING REGARDING WATER TRANSMISSION
SYSTEM CAPACITY ALLOCATION DURING TEMPORARY IMPAIRMENT
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 n7onths among the primary
customers; and
WHEREAS, in February 2004, the Agency and its primary customers began negotiating
a new Impairment MOU;
WHEREAS, on January 4, 2005 the Board of Directors of the Agency adopted
Resolution No. OS-0007 declaring that effective as of the date that Collector No. 6 and its
connecting pipeline are fully operational, the reliable water production capacity of the water
transmission system is temporarily impaired, and is limited to a reliable delivery capacity of 92
mgd as a result of the temporary impairnlent; and
Resolution No. ?005-161 N.C.S. Page 1
WHEREAS, the Agency and its primary customers have negotiated a new Memorandum
of Understanding Regarding Transmission System Capacity during Temporary Impairment (the
"New MOU"), which allocates 92 mgd of transmission system capacity during the summer
months among the Agency's primary customers; and
WHEREAS, execution of the New MOU will give the Agency's primary customers,
including the City, greater certainty with respect to the amount of water available. for delivery
during the summer months; and
WHEREAS, City staff have reviewed the New MOU 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 Extended MOU may have a significant effect on the environment.,
for the reasons set forth in the Notice of Exemption; and
WHEREAS, City staff has prepared a Notice of Exemption for the New MOU in
accordance with CEQA and the State CEQA Guidelines; and
WHEREAS, approval and execution of the New MOU is in the interest of the City and
in the public interest;
NOW, THEREFORE, BE IT FURTHER 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 Memorandum of Understanding Regarding Transmission System
Capacity during Temporary Impairment 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
approval will have a significant effect on the environment.
3. The Memorandum of Understanding Regarding Transmission System Capacity
during Temporary Impairment is approved.
Resolution No. 2005-161 N.C.S. Page 2
4. The Mayor is directed and authorized to execute the Memorandum of Understanding
Regarding Transmission System Capacity during Temporary Impairment and that the
Mayor is authorized to approve minor, administrative changes to said document, if
any.
5. The Community Development 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 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.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 19°i day of September, form:
2005, by the following vote: ~ lG"~
City Attorney
AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau ,O'Brien, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None '
ATTEST:
City Clerk Mayor
Resolution No. 2005-161 N.C.S. Page 3