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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROVING AND AUTHORIZING EXECUTION OF THE INTERIM AGREEMENT FOR PAYMENT OF CAPITAL COSTS
OF CLEAN WATER PROGRAM PROJECTS BETWEEN THE CRYSTAL SPRINGS COUNTY SANITATION DISTRICT, THE
COUNTY OF SAN MATEO, AND THE CITY OF SAN MATEO
WHEREAS, the City of San Mateo (“City”), the Crystal Springs County Sanitation District (“District”), and the County of San Mateo (“County”) (collectively, the “parties”), have previously entered into agreements dating back to 1955 which set forth their arrangements and relationships regarding the discharge, pumping, transmission, and treatment of wastewater; and
WHEREAS, the parties’ most recent agreement is the Sanitary Sewage Agreement made and entered into on July 18, 1989 (the “1989 Agreement”) and includes the Town of Hillsborough (“Town”); and WHEREAS, the parties’ wastewater is treated at the regional wastewater treatment plant (“WWTP”) operated by the City under a National Pollutant Discharge Elimination System (“NPDES”) permit issued by the San Francisco Bay Regional Water Quality Control Board; and WHEREAS, the parties have executed three Amendments to the 1989 Agreement to provide for allocation of costs for the design and construction of improvements to the Crystal Springs/El Cerrito Trunk Sewers and El Cerrito Relief Line, as required by Cease and Desist Order R2-2009-0020 issued by San Francisco Bay Regional Water Quality Control Board; and
WHEREAS, the Cease and Desist Order also required the City to conduct an evaluation of options to increase capacity at the WWTP to reduce and eventually eliminate a practice known as "blending" and the NPDES permits issued in 2013 and 2018 incorporate as special provisions the requirements of the Cease and Desist Order regarding WWTP capacity; and
WHEREAS, in accordance with the Cease and Desist Order and the NPDES permit special provisions, the City developed a comprehensive suite of capital improvement projects known as the Clean Water Program to eliminate sanitary sewer overflows and increase the capacity of both its sewer collection system and the WWTP; and
WHEREAS, the District and County do not benefit from some components of the Clean Water Program and are not required to participate in the cost of such components; and WHEREAS, negotiations on a fourth amendment to the 1989 Agreement, for the allocation and payments by the Town, District, and County for costs incurred by the City for the design and construction of certain CWP projects, stalled and bifurcated in 2022, which resulted in the City and Town pursuing an Interim Agreement to address the capital costs to be paid for by the Town; and WHEREAS, in June 2022, City Council adopted a resolution to approve and execute the Interim Agreement with the Town, which excluded the District and County; and WHEREAS, the District and County acknowledges their responsibilities to pay for their shares of the capital costs of the Clean Water Program and are willing to make payments toward such capital costs. The District’s and County’s percentage shares consist of project costs incurred by City beginning in October 2014 through the completion of construction of Clean Water Program Projects; and WHEREAS, the City desires to receive the payment of capital costs from the District and County and 6 7
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cooperate on other procedures between the agencies until a fourth amendment can be executed; and WHEREAS, a fourth amendment to the 1989 Agreement is still in discussion with the Town, District, and County to update terms related to the capital improvement costs for projects after the completion of the Clean Water Program, plus modifications to the method of calculating and sharing operational costs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The Clean Water Program projects include upgrades to the WWTP and the Dale Avenue Pump Station, construction of an Underground Flow Equalization System, and program management. The City prepared a Final Programmatic Environmental Impact Report (PEIR) for the Clean Water Program in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). The PEIR was certified by Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the CWP. The City prepared Addenda to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the project evaluated in the PEIR and Addenda.
2. In accordance with CEQA Guidelines section 15080 through 15093, the City prepared an Environmental Impact Report (EIR) for the Underground Flow Equalization Project (SCH No. 2018092013), and on October 21, 2019 the Council certified the Final EIR and adopted the requisite findings, statement of overriding considerations, and mitigation monitoring and reporting program.
3. The Interim Agreement for Payment of Capital Costs of Clean Water Program Projects between the Crystal Springs County Sanitation District, the County of San Mateo, and the City of San Mateo is approved.
4. The City Manager is authorized to execute the interim agreement, in substantially the form submitted, on behalf of the City. The City Manager is further authorized to amend the payment schedule.