COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

January 15, 2010

BOARD MEETING DATE:

January 26, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Memorandum of Agreement with the City and County of San Francisco for the Construction of the Bay Division Pipeline Project Number 5

RECOMMENDATION:

Adopt a resolution:

1.

Accepting a California Environmental Quality Act Mitigation Monitoring and Reporting Program for the Bay Division Pipeline Project Number 5

2

Authorizing the execution of a Memorandum of Agreement (MOA) with the City and County of San Francisco, acting through its Public Utilities Commission, for the Construction of the Bay Division Pipeline Project Number 5

BACKGROUND:

The City and County of San Francisco (CCSF), acting through its Public Utilities Commission (SFPUC), owns and operates a regional water system that serves San Francisco and twenty-seven (27) wholesale water customers located in San Mateo, Santa Clara, and Alameda counties. The CCSF developed a Water System Improvement Program (WSIP) to increase the system’s ability to withstand major seismic events and droughts, and to meet future water demands. The WSIP includes the Bay Division Pipeline Number 5 (Project), which includes the installation of an additional pipeline within CCSF's right-of-way, for the benefit of County residents and businesses.

On December 23, 2008, CCSF published a Draft Environmental Impact Report (DEIR). After the 45-day public review period, the CCSF prepared responses and revisions to the DEIR based on the comments and information received. This material was presented in a “Draft Comments and Responses” (C&R) document, published on June 16, 2009.

A Final Environmental Impact Report (FEIR) was prepared by CCSF, consisting of the DEIR, the C&R document, several Errata Sheets, and additional information that became available after the DEIR was published. Project files on the FEIR are available for public review at the SFPUC offices, located at 1650 Mission Street, San Francisco, California. Copies of the DEIR and associated reference materials as well as the C&R are also available for review at public libraries in San Francisco, Alameda, and San Mateo Counties. On July 9, 2009, the San Francisco Planning Commission, acting as lead agency on behalf of the CCSF, certified the FEIR.

On July 14, 2009 the SFPUC approved the Project, adopted findings under the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., including a statement of overriding considerations for the Project's significant and unavoidable impacts, rejected project alternatives, and adopted a mitigation monitoring and reporting (MMR) program.

DISCUSSION:

The County Department of Public Works, acting as the responsible agency for a portion of the project lying within the unincorporated areas of San Mateo County, has reviewed the FEIR in accordance with CEQA guidelines. While the Project described in the FEIR will result in significant environmental effects that could not be mitigated to a "less than significant level", a variety of mitigation measures are planned and will be implemented per the MMR program. The County has not identified any alternative or additional feasible mitigation measures within its powers that would substantially lessen or avoid any significant impacts the Project would have on the environment. The SFPUC has already adopted the mitigation measures recommended in the FEIR, has authority to implement the mitigation measures or to seek any required approvals for the mitigation measures, and the County has no direct authority to implement the mitigation measures.

A brief summary of the impacts and mitigation measures are included in Attachment A.

County and CCSF have been cooperating to identify and address concerns relating to the construction of the portion of the Project located within County’s boundaries and/or in joint CCSF and County rights of ways. The recommended agreement requirements and concerns have been addressed in the MOA. The MOA with CCSF will ensure that all existing County facilities are removed and replaced in kind at no additional costs to the County.

County Counsel has reviewed and approved of the Resolution and Agreement as to form.

Adoption of this action contributes to the Shared Vision 2025 outcome of Collaborative Community by allowing our leaders to forge partnerships, promote regional solutions with informed and engaged residents and approach issues with fiscal accountability and concern for future impacts.

FISCAL IMPACT:

There is no impact to the General Fund, as this project is funded entirely by the City and County of San Francisco through its Public Utility Commission, SFPUC. Inspection costs for County Inspectors will be funded by encroachment permit fees paid by the SFPUC contractor as specified in the Memorandum of Agreement.

Attachments:

Attachment A