COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

April 28, 2011

BOARD MEETING DATE:

May 10, 2011

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 Crystal Springs Pipeline No. 2 Replacement Project

RECOMMENDATION:

Adopt a Resolution:

A.

Accepting a California Environmental Quality Act Mitigation Monitoring and Reporting Program for the Crystal Springs Pipeline No. 2 Replacement Project ; and

B.

Authorizing the President of the Board to execute a Memorandum of Agreement between the City and County of San Francisco, acting through its Public Utilities Commission, and the County of San Mateo for the Construction of the Crystal Springs Pipeline No. 2 Replacement Project.

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 Crystal Springs Pipeline No. 2 Replacement Project (Project), which includes the replacement of pipeline within CCSF's right of way, as well as within the boundaries of property/rights of way owned or controlled by the County, for the benefit of, among others, the County residents and businesses. This work will result in the removal of improvements on the surface of properties and rights of way owned and/or used by the County, and one of the primary purposes of the Memorandum of Agreement (MOA) is to ensure that such improvements are replaced on acceptable terms at no cost to the County.

On December 10, 2009, 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 September 8, 2010.

A Final Environmental Impact Report (FEIR) was prepared by CCSF, consisting of the DEIR, the C&R document, and several Errata Sheets. 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 and San Mateo Counties. On September 30, 2010, the San Francisco Planning Commission, acting as lead agency on behalf of the CCSF, certified the FEIR.

On October 15, 2010, 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, modified design 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 cannot be mitigated to a "less than significant level", a variety of mitigation measures are planned and will be implemented per the MMR program. After consideration of the record in this matter, County staff has been unable to identify any alternative or additional feasible mitigation measures within the County’s 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 them, and the County has no direct authority to implement them.

A copy of the CCSF resolution, Findings, and MMR Program are posted on the Department of Public Works Website for additional information. 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. As noted, the MOA with CCSF will ensure that all existing county facilities are removed and replaced in kind at no cost 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.

Attachment:

Exhibit “A” – Summary of Impacts and Mitigation Measures