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Res10 14996
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Res10 14996
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Last modified
11/13/2019 12:25:00 PM
Creation date
10/11/2019 7:42:39 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
City Council
Date
1/25/2010
Description
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY MAKING FINDINGS AS A RESPONSIBLE AGENCY PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE CITY AND COUNTY OF SAN FRANCISCO FOR THE BAY DIVISION PIPELINE NO.5 PROJECT
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published on June 16, 2009. A Final Environmental Impact Report ( "FEIR ") was prepared by <br />the Department, consisting of the DEIR, any consultations and comments received during the <br />review process, any additional information that became available, the Comments and Responses <br />document, and several Errata Sheets, which made minor clerical corrections. Project files on the <br />FEIR are available for public review at the Department offices at 1650 Mission Street, San <br />Francisco, California. Copies of the DEIR and associated reference materials as well as the <br />C &R are also available for review at public libraries in San Francisco, Alameda, and San Mateo <br />Counties. <br />F. On July 9, 2009, the San Francisco Planning Commission, acting as lead agency <br />on behalf of the CCSF, certified the FEIR. On July 14, 2009 the SFPUC approved the Project, <br />and, in so doing, adopted findings under the California Environmental Quality Act ( "CEQA "), <br />Public Resources Code section 21000 et seq., including a statement of overriding considerations <br />for the Project's significant and unavoidable impacts, rejected project alternatives, and adopted a <br />mitigation monitoring and reporting program. <br />G. On January 25, 2010, City adopted findings under CEQA as a responsible agency, <br />incorporating by reference the CEQA findings of the CCSF, and adopted a mitigation monitoring <br />and reporting program, as applicable to its approval action. <br />H. Notwithstanding CCSF's reliance on its real estate rights and principles of <br />intergovernmental immunity in asserting its exemption from certain local fees and costs imposed <br />by local government entities, in light of current, adverse economic conditions and consequent <br />fiscal restraints affecting City's operating budgets, and to facilitate City's cooperation with <br />Project construction, including its ability to inspect the improvements and construction work to <br />be provided by CCSF in connection with Project construction, CCSF is willing to accept <br />imposition of certain fees and costs by City without prejudice to CCSF's ability to contest the <br />applicability of similar fees and costs with respect to future CCSF construction work in <br />connection with its regional water system. <br />NOW, THEREFORE, in consideration of their mutual covenants in this MOA, the parties <br />agree as follows. <br />1. TERM <br />This MOA shall become effective on the date ( "Effective Date ") it has been fully <br />executed and delivered by both parties, provided it has been authorized in a manner required by <br />law by CCSF and City. The term of this MOA shall continue in effect thereafter until the earlier <br />of (a) one (1) year after City's acceptance pursuant to Section 3.2(d) of all CCSF's MOA Work <br />(defined in Section 3.2(a) (b) the ninth (9 anniversary of the Effective Date, or (c) the date <br />this MOA is earlier terminated as provided herein. <br />If either party breaches a material term of this MOA without the other party's fault and <br />does not cure the breach within thirty (3 0) calendar days' notice by the non - breaching party, the <br />non - breaching party may terminate this MOA without any penalty or liability of either party to <br />the other; provided, however, if more than thirty (30) days are reasonably required for such cure, <br />the non - breaching party shall not have the right to terminate this MOA on account of such breach <br />if the other party promptly commences the cure within such thirty (30) -day period and diligently <br />prosecutes such cure to completion. <br />2. MEASURES FOR IMPROVEMENT OF PROJECT COORDINATION AND PUBLIC <br />OUTREACH AND COMMUNICATIONS <br />2.1. Press Releases <br />The parties will endeavor to provide advance notice to each other concerning all press <br />releases and other information created for public consumption concerning the Project within the <br />city limits of City and to otherwise comply with the provisions of CCSF's Communications and <br />Public Outreach Plan as stated in the attached Exhibit E . The parties designate the following <br />2 <br />City of Redwood City MOA ver 030910 <br />
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