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01/25/2010 F. On July 14, 2009, the SFPUC approved the Project by SFPUC Resolution No. 09- 0120 and, in so doing, adopted findings under CEQA, including a statement of overriding consideration for the Project's significant and unavoidable impacts, rejected project alternatives, and adopted a mitigation monitoring and reporting program. G. To the extent they are relevant to the City's decision to approve the Memorandum of Agreement for the Bay Division Pipeline No. 5 Project, the City concurs with and hereby incorporates by reference as though fully set forth herein SFPUC Resolution No. 09 -0120, including the CEQA findings, Statement of Overriding Considerations, and mitigation monitoring and reporting program. To the extent they are relevant to the City's decision to approve the Memorandum of Agreement for the Bay Division Pipeline No. 5 Project, the City specifically adopts and incorporates by reference as though fully set forth herein all findings made pursuant to CEQA set forth in SFPUC Resolution No. 09 -0120 and its attachments, including findings under CEQA Guidelines Sections 15091 and 15093, attached in part hereto and incorporated herein as Attachment A, and in part on file and made available in the City Clerk's Office and the City's website and incorporated herein by this reference. SFPUC Resolution No. 09 -0120, including the CEQA findings, statement of overriding considerations, and mitigation monitoring and reporting program, is a part of the record of this approval and may be found at the Planning Housing and Economic Development Department's web page on the City's website. The FEIR, in compact disk format, is also made available in the Office of the City Clerk and incorporated herein by this reference. H. The City has reviewed and considered the FEIR and finds that the FEIR is adequate for its use as the decision - making body for its consideration of the MOA. The City finds that approval of the MOA is within the scope of the Project and activities evaluated in the FEIR. I. City further finds that since the FEIR was finalized, there have been no substantial Project changes and no substantial changes in Project circumstances that would require major revisions to the FEIR due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the FEIR. J. City has not identified any feasible alternative or additional feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the Project would have on the environment. K. The SFPUC has already adopted the mitigation measures recommended in the FEIR and set forth in the mitigation monitoring and reporting program, has authority to implement the mitigation measures or to seek any required approvals for the mitigation measures, and such measures are within the responsibility and jurisdiction of SFPUC to implement. 2. The City Council approves and authorizes the City Manager or designee to execute the Memorandum of Agreement between the City of Redwood City and SFPUC and further authorizes the City manager or designee to execute amendments to the MOA and other documents as necessary to implement the Project within the City of Redwood City. 3. The City Council directs staff to prepare and file a Notice of Determination with the Clerk of the County. AT TY /RESO /RESO.1977 2 # 14996 012110 MUFF # 304