Purpose of Request

On January 9, 2007, the City Council awarded a contract to Pacific Hydrotech Corporation for �Package A� of the Burbank Water Reclamation Plant Equalization Basin Project (�the Project�).  Inadvertently, the Resolution prepared for the item (Resolution No. 27,396) did not include a provision for adoption of the Mitigated Negative Declaration (�MND�) even though the Staff Report mentioned the MND and requested that the Council adopt it.  This memorandum therefore requests Council approval of a Resolution adopting the MND.

The January 9, 2007 Staff Report, Resolution No. 27,396 and the Final MND are attached to this memorandum as Exhibits A, B and C.

Discussion

The Equalization Basin Project involves a number of improvements to the BWRP, mainly related to the plant�s disinfection processes.  As indicated in the January 9 Staff Report, �Package A� of the Project involves the installation of tanks, pumps and appurtenant equipment for a �chloramination system� as a means to maintain compliance with discharge limits set by the Regional Water Quality Control Board.

The January 9 Staff Report requested three actions by the Council � (1) approval of the contract documents and award a contract for construction to Pacific Hydrotech Corporation; (2) a budget amendment to allocate funds to the appropriate project account; and (3) adoption of a mitigated negative declaration.  Resolution No. 27,396 took care of Items 1 and 2, but did not address Item 3

The MND was prepared by Kennedy/Jenks Consultants and made available for public review on November 20, 2006.  A copy was submitted to the State Clearinghouse.  It includes the Initial Study and describes various recommended mitigation measures, all related to construction activities.  A Mitigation Monitoring Program is found in Appendix B.  The formal public review period concluded on December 27.  At the time of the submission of the January 9 Staff Report, no comments had been received from the public or any state agency.  (After the January 9 Staff Report was submitted, the City received a letter from the Native American Heritage Commission, whose comment led to a minor revision to the discussion of impacts on cultural resources in the Final MND (see page 37).)

Although the Council has already acted in the matter, there is still good reason to adopt the MND.  First and foremost, the MND covers both phases of the Project and its adoption now will enable the City to proceed with the second phase without further CEQA review.  Secondly, formal action on the MND will allow the City to file a Notice of Determination with the County and set a 30-day deadline for challenging the MND.

Accordingly, it is our recommendation that the Council approve a resolution adopting the MND for the Project.

Recommended Action:

If the Council concurs, the appropriate action would be a motion to adopt the resolution entitled �A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING A MITIGATED NEGATIVE DECLARATION (BURBANK WATER RECLAMATION PLANT EQUALIZATION BASIN PROJECT).�

cc:       Mary J. Alvord, City Manager

            Michael S. Flad, Assistant City Manager

            Bonnie L. Teaford, Public Works Director

            Rodney Andersen, Asst. Public Works Dir.�Wastewater

K:\PROJECTS\BWRP Equalization Project\Memo to council 3-6-07.doc

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