HomeMy WebLinkAboutResolution 2018-073 N.C.S. 05/21/2018Resolution No. 2018-073 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO APPROVE THE
FIRST AMENDED MEMORANDUM OF UNDERSTANDING
REGARDING SONOMA-MARIN SAVING WATER PARTNERSHIP
WHEREAS, the City of Petaluma Water Demand and Supply Analysis, developed in
support of the 2025 General Plan, recommended a cost-effective water conservation program
that met sustained water offset requirements; and
WHEREAS, the City of Petaluma's water conservation program is designed to offset
potable water demand and improve the water use efficiency of its customers by offering
innovative conservation programs; and
WHEREAS, the City of Petaluma operates and maintains an extensive water supply,
storage and distribution system, whose primary source of water is wholesale water purchased
from the Sonoma County Water Agency (Agency); and
WHEREAS, the Agency operates and maintains a water supply transmission system
authorized by the Restructured Agreement for Water Supply (Restructured Agreement) between
and among the Agency and Water Contractors in Sonoma and Marin Counties; and
WHEREAS, the Restructured Agreement requires Water Contractors to implement
certain water conservation projects; and
WHEREAS, staff from the Agency and Water Contractors worked together to develop
the regional Memorandum of Understanding Regarding Sonoma -Marin Water Saving
Partnership (MOU) to more cost-effectively implement required water conservation projects and
to identify and develop new regional water conservation programs; and
WHEREAS, on March 3, 2008, the Water Advisory Committee (WAC) approved the
MOU and recommended that each Water Contractor adopt the Original MOU; and
WHEREAS, the MOU expires June 30, 2018; and
WHEREAS, staff from the Agency and Water Contractors formed the MOU Revision
Subcommittee to work together to develop the First Amended Memorandum of Understanding
Regarding Sonoma -Marin Saving Water Partnership (First Amended MOU) to continue the
collaboration for another 10 -year period; and
Resolution No. 2018-073 N.C.S. Page l
WHEREAS, on May 7, 2018, the WAC unanimously approved the First Amended
MOU; and
WHEREAS, the requirements of the MOU are consistent with Petaluma's water
conservation program, including support of efficient irrigation practices, incentives for purchase
and use of water efficient fixtures and appliances, commercial incentives, commitment of City
staff resources for program implementation, and collection and review of water conservation
data and information.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to Approve the First Amended Memorandum of
Understanding Regarding the Sonoma -Marin Saving Water Partnership.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the !�Jedas to
Council of the City of Petaluma at a Regular meeting on the 215' day of May 2018, m:
by the following vote:
City A�orney
AYES: Barrett, Mayor Glass, Vice Mayor Healy, King, Miller
NOES: None
ABSENT: Albertson, Kearney
ABSTAIN: None a„
r
ATTEST:
City Clerk _ Mayor
Resolution No. 2018-073 N.C.S. Page 2
Exhibit A
First Amended
Memorandum of Understanding
Regarding
Sonoma -Marin Saving Water Partnership
SECTION 1 — RECITALS
(a) The original Memorandum of Understanding ("Original (MOU")) was adopted on
December 14, 2010 by and between the following public agencies: Sonoma County Water
Agency (Agency), City of Cotati (Cotati), City of Petaluma (Petaluma), City of Rohnert Park
(Rohnert Park), City of Santa Rosa (Santa Rosa), City of Sonoma (Sonoma), North Marin Water
District, (NMWD), Valley of the Moon Water District (VOMWD), Marin Municipal Water District
(MMWD), and Town of Windsor (Windsor) (collectively, the "Parties"), and expires as of
[DATE].).
(b) The Original MOU established the Sonoma -Marin Saving Water Partnership
(SMSWP)
(c) The Sonoma County Water Agency ("Agency") was created by California state
legislation (Statutes of 1949, Chapter 994 as amended), The Agency operates and maintains a
water supply and transmission system authorized by the Restructured Agreement for Water
Supply (the "Restructured Agreement"), dated June 23, 2006, which is incorporated by reference
herein, between and among the Agency and the following eight (8) "Water Contractors": Cotati,
Petaluma, Rohnert Park, Santa Rosa, Sonoma, Windsor, NMWD, VOMWD, by means of which
water is furnished to the parties thereto.
(d) The Agency furnishes water to MMWD pursuant to that certain Fourth Amended
Off-peak Water Supply Agreement, and that certain Agreement for Sale of Water Between the
Sonoma County Water Agency and Marin Municipal Water District, both of which were last
amended by the Renewal of the Third Amended Off-peak Water Supply Agreement and
Agreement for Sale of Water Between the Sonoma County Water Agency and Marin Municipal
Water District dated July 16, 2015 (collectively, the "2015 MMWD Agreements").
Resolution No. 2018-073 N.C.S. Page 3
(e) The Restructured Agreement authorizes the Agency to undertake or fund any cost
effective Water Conservation Project that has been approved by the Water Advisory Committee
("WAC").The Parties recognize that establishing common water conservation projects on a
regional basis and applicable across the political and jurisdictional boundaries of each Party
("Regional Water Conservation Projects") may be a means of cost- effectively conserving more
water than would otherwise be conserved on an individual agency -by -agency basis.
(f) The Restructured Agreement, at Section 1.12, sets forth the Water Conservation
Requirements that the Water Contractors must implement and encourages said parties to
implement Water Conservation Projects ("Local Water Conservation Projects") that go beyond
those requirements.
(g) The Restructured Agreement establishes a Water Conservation Sub -Charge to be
deposited in a Water Conservation Fund created by the Agency. The Water Conservation Fund
shall be used only to pay or partially pay for the cost of Water Conservation Projects. The
aggregate amount of money to be received by the Agency from the Water Conservation Sub -
Charge for each fiscal year shall be sufficient to cover the Agency's estimate of the total cost of
all Regional Water Conservation Projects for such fiscal year.
(h) The WAC approved Fifteen Million Dollars ($15,000,000) for implementing Water
Conservation Projects pursuant to the Water Conservation Plan dated June 29, 1998 over a ten-
year period commencing with Fiscal Year 1997-98, and an additional Fifteen Million Dollars
($15,000,000) pursuant to the Original MOU over a ten-year period commencing with Fiscal Year
2007-2008.
(i) The Parties further recognize that the Restructured Agreement establishes a
Water Conservation Subcommittee (the "Subcommittee") of the Technical Advisory Committee
("TAC") to the WAC to make recommendations with respect to Water Conservation Requirements
pursuant to the Restructured Agreement.
Resolution No. 2018-073 N.C.S. Page 4
Q) All Parties to this First Amended MOU will be granted representation on the
Subcommittee.
(k) This First Amended MOU shall be effective as of [DATE], the date this First
Amended MOU is executed by six (6) of the parties (the "Effective Date"), and supersedes all
previous agreements with respect to the subject matter hereof.
SECTION 2 - DEFINITIONS
Undefined capitalized terms used in this First Amended MOU shall have the meaning
ascribed to them in Section 1.2 of the Restructured Agreement.
SECTION 3 — PURPOSE
The purpose of this First Amended MOU is to determine the amounts to be budgeted and
expended by each Party for water conservation, allow new parties to join the Subcommittee to
make recommendations on Regional Water Conservation Projects for consideration by the TAC,
and to maximize cost-effective water conservation by the Parties in Sonoma and Marin Counties.
This First Amended MOU recognizes the commitment to reduce potable water demands to meet
or exceed the targets established by the Parties or the state.
SECTION 4 - COMMITMENT
(a) Each Party, except the Agency, commits to do all of the following:
(1) Remain as a member in good standing of the California Water Efficiency
Partnership ("Cal-WEP"), and implement or use best efforts to secure the implementation
of any water conservation requirements that may be added as terms or conditions of the
Agency's appropriative water rights permits or license, or with which the Agency must
comply under compulsion of regulation or law. The Parties shall require metered billing of
all customer accounts they serve.
Resolution No. 2018-073 N.C.S. Page 5
(2) Implement various water conservation measures, as may be appropriate
for the particular Party, that provide regional benefits and/or that may exceed the targets
established from time to time by the Parties or the state.
(3) Designate a staff member responsible for: (i) coordinating interaction
between that Party's management and council/board and the Agency staff; and (ii)
represent the Party on the Subcommittee to propose any Local or Regional Water
Conservation Project that will increase water conservation amounts or efficiency, including
water conservation related tasks as directed by the WAC such as regional collaboration
of water shortage contingency plans, regional outreach and messaging, or specific
initiatives for regional benefit in the Sonoma -Marin area.
(4) Provide customer service support and data collection for Agency staff
administering Regional Water Conservation Projects.
(5) Provide financial data support and cost accounting data for the Agency and
the Party's staff administering the Regional Water Conservation Projects or Party- specific
Local Water Conservation Projects.
(6) Provide staff support to review new development plans and construction
for consistency with regional water conservation recommendations of the Subcommittee
and, when requested, make said data information available to the Agency staff
administering the Regional Water Conservation Projects.
Resolution No. 2018-073 N.C.S. Page 6
(7) Acknowledge that in coordination with the Subcommittee, the TAC will elect
a TAC member or designee to represent the Parties as their spokesperson for water
conservation and water efficiency policy.
(b) The Agency is committed to participate in Regional Water Conservation Projects
as defined herein, by doing all of the following, without limitation:
(1) Remain as a member in good standing of Cal-WEP, by implementing or
using best efforts to secure the implementation of any water conservation requirements
that may be added as terms or conditions of the Agency's appropriative water rights
permits or license, or with which the Agency must comply under compulsion of regulation
or law. The Agency shall require metered billing of all customer accounts it serves.
(2) Upon request of the other Parties, prepare and administer Funding and
Administration Agreements to provide staff support to carry out Local Water Conservation
Projects.
(3) Administer Regional Water Conservation Projects including, but not limited
to, the 2016 Regional Water Conservation Projects listed in Exhibit A attached hereto and
incorporated by reference herein.
(4) Compile necessary data and, in conjunction with the other Parties, publish
an annual report for the Parties detailing water conserved compared to plan and based on
best available techniques and industry standards.
(5) Pursue the addition of new parties to this First Amended MOU, including
but not limited to water suppliers along the upper Russian River, stormwater utilities, and
Groundwater Sustainability Agencies.
(6) Coordinate periodic information sharing meetings among the Parties.
(7) Pursue grants that will benefit the Parties in implementing Water
Conservation Projects.
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(8) In collaboration with the other Parties, prepare a strategic plan to promote
long term goals for the implementation of water conservation programs.
SECTION 5 — NEW PARTIES
Any public water system, stormwater utility, Groundwater Sustainability Agency, or local
or regional public entity operating along the upper Russian River or public entity that receives
water from the Russian River Watershed is eligible to become a party.
Upon approval of the TAC, based on a recommendation by the Subcommittee, an eligible
agency may become a party by:
(a) Paying an annual Water Conservation Fund fee to the Agency, for Regional Water
Conservation Projects, upon joining. The annual Water Conservation Fund fee for
each new party shall be based on either the methodology established in Section 6
(Regional Water Conservation Projects Funding) hereof, or a recommendation of the
Subcommittee that is approved by the TAC; and
(b) Agreeing to budget and expend funding for Local Water Conservation Projects based
on either the established methodology in Section 7 (Local Water Conservation Project
Funding) hereof, or a recommendation of the Subcommittee that is approved by the
TAC; and
(c) Executing this First Amended MOU and thereby agreeing to be subject to all
provisions herein, including, but not limited to, completing and attaching the form set
forth as Exhibit B to specify the amount to be contributed to the Water Conservation
Fund and the amount to be budgeted and expended for Local Water Projects.
All new parties will be granted representation on the Subcommittee and will be eligible to
participate in the Regional Water Conservation Projects. If annual fees are not paid to the Agency
by March 30 of each year, a party's membership in the SMSWP shall be terminated.
SECTION 6 — REGIONAL WATER CONSERVATION PROJECTS FUNDING
Resolution No. 2018-073 N.C.S. Page 8
Funding for the SMSWP shall be from the Agency Water Conservation Fund as
contributed to by the Water Contractors and MMWD pursuant to the Restructured Agreement.
For Water Contractors the Agency shall calculate and collect, as a part of the Operations and
Maintenance charge, a Water Conservation Sub -Charge, which monies shall be deposited in the
Water Conservation Fund, For MMWD and Agency Customers, not party to the Restructured
Agreement, an equivalent amount shall be included as a component of the Operation and
Maintenance Charge and shall be deposited in the Water Conservation Fund.
The Parties that are not Customers of the Agency shall annually fund Regional Water
Conservation Projects in an amount recommended by the Subcommittee and approved by the
TAC, which funds shall be deposited in the Water Conservation Fund.
The aggregate amount of money to be received by the Agency for each Fiscal Year and
deposited to the Water Conservation Fund shall be sufficient to cover the Agency's estimate of
the total cost of all Regional Water Conservation Projects for such Fiscal Year.
SECTION 7- LOCAL WATER CONSERVATION PROJECTS FUNDING
In addition to contributions to the Water Conservation Fund noted in Section 6 herein, from
July 1, 2018 through June 30, 2028, a total of Fifteen Million Dollars ($15,000,000) shall be
budgeted and expended by the Water Contractors and MMWD, collectively, to implement Local
Water Conservation Projects to achieve the quantifiable water savings. The amount to be
internally budgeted and expended annually by each Water Contractor and MMWD for Local Water
Conservation Projects (Annualized Amount) shall be budgeted and expended over the next ten
(10) years to support Local Water Conservation Projects benefiting the Water Contractors and
MMWD. The Annualized Amount to be budgeted and expended by each Water Contractor and
MMWD shall be based upon the prorated share of three- (3) year average annual total water
supplied for potable distribution, including SCWA deliveries and potable water production by each
Water Contractor and MMWD. The Annualized Amount to be budgeted shall be as follows: Cotati,
Seventeen Thousand Five Hundred Dollars ($17,500), (1.16%); Petaluma, One Hundred Seventy
Resolution No. 2018-073 N.C.S. Page 9
One Thousand Five Hundred Dollars ($171,500), (11.44%); Rohnert Park, Ninety -Four Thousand
Three Hundred Dollars ($94,300), (6.28%); Santa Rosa, Three Hundred Seventy Four Thousand
Four Hundred Dollars ($374,400), (24.96%); Sonoma, Thirty Nine Thousand Eight Hundred
Dollars ($39,800), (2.66%); North Marin Water District, One Hundred Sixty Eight Thousand
Dollars ($168,000), (11.20%); Valley of the Moon Water District, Fifty Three Thousand Four
Hundred Dollars ($53,400), (3.56%); Windsor, Sixty Eight Thousand Six Hundred Dollars
($68,600), (4.58%) and Marin Municipal Water District, Five Hundred Twelve Thousand Four
Hundred Dollars ($512,400), (34.16%); based upon total annual water production in fiscal year
2015, 2016 and 2017. The above Annualized Amounts shall be adjusted in fiscal years 2022 and
2025 on the same prorated basis noted above to reflect the then -current three- (3) year average
annual total water production. The addition of new parties will not alter the Annualized Amounts
nor the cumulative total amount to be budgeted and expended by the Water Contractors and
MMWD for Local Water Conservation Projects.
To support Local Water Conservation Projects, new parties to this First Amended MOU
shall budget and expend an Annualized Amount of at least 175% of their Water Conservation
Fund fee.
Revenue from the Water Conservation Sub -Charge collected from Windsor by the Agency
for all water diverted by Windsor directly from the Russian River using its own facilities, whether
under Windsor's water rights or Agency's water rights, shall be placed in a separate account by
the Agency and made available to Windsor as additional funding for Water Conservation Projects.
SECTION 8 - WAIVER OF RIGHTS
Resolution No. 2018-073 N.C.S. Page 10
By signing this MOU, the Parties do not waive or relinquish any legal or equitable right
that they might otherwise have with respect to any of the actions, activities, or obligations
contemplated by the Restructured Agreement, except as expressly provided herein.
SECTION 9 - AMENDMENT OF FIRST AMENDED MOU
Amendments, revisions or modifications to this First Amended MOU shall be in writing and
shall be executed by all Parties hereto. The addition of new parties to the MOU pursuant to
Section 5 shall not be construed as an amendment requiring any further approval or execution of
any of the other Parties.
SECTION 10 -THIRD PARTY CLAIMS
It is not the intent of the Parties to this First Amended MOU to create any third -party
beneficiaries. Any failure to perform under the terms of this First Amended MOU shall not create
any claim or right by any individual or entity not a party to this First Amended MOU.
SECTION 11 - ENTIRE AGREEMENT
This writing is intended both as the final expression of agreement between and among the
Parties hereto with respect to the included terms and as a complete and exclusive statement of
the terms of the First Amended MOU, pursuant to California Civil Code §1896.
SECTION 12 - RELATION TO RESTRUCTURED AGREEMENT AND MMWD AGREEMENTS
The Parties understand and agree that this First Amended MOU supplements the
Restructured Agreement and the MMWD Agreements. The Parties agree that in the event of an
inconsistency between this First Amended MOU and the Restructured Agreement (or, for the
Agency and MMWD, between this First Amended MOU and the MMWD Agreements), the
provisions of the Restructured Agreement (or, for the Agency and MMWD, the MMWD
Agreements) shall control.
Resolution No. 2018-073 N.C.S. Page 11
SECTION 13 -TERM
The First Amended Memorandum of Understanding Regarding Sonoma -Marin Saving
Water Partnership shall become effective upon the signature of six (6) of the Parties and shall
remain in effect until June 30, 2028, unless extended or terminated earlier. Other of the Parties
may sign on as of or after the effective date.
SECTION 14 — COUNTERPART SIGNATURES
This First Amended MOU may be executed in counterparts, and each executed counterpart shall
have the same force and effect as an original instrument and as if all of the Parties to the
aggregate counterparts had signed the same instrument.
Resolution No. 2018-073 N.C.S. Page 12
SONOMA COUNTY WATER AGENCY
By:
Chair, Board of Directors
ATTEST:
Clerk, Board of Directors
Date:
CITY OF COTATI
By: Date:
Mayor
ATTEST:
City Clerk
CITY OF PETALUMA
By:
Mayor
ATTEST:
City Clerk
Date:
CITY OF ROHNERT PARK
By: Date:
Mayor
ATTEST:
City Clerk
Resolution No. 2018-073 N.C.S. Page 13
CITY OF SANTA ROSA
By:
Mayor
ATTEST:
City Clerk
CITY OF SONOMA
By:
City Manager
ATTEST:
City Clerk
Date:
Date:
NORTH MARIN WATER DISTRICT
By: Date:
President
ATTEST:
Secretary
VALLEY OF THE MOON WATER DISTRICT
By: Date:
President
ATTEST:
Secretary
Resolution No. 2018-073 N.C.S. Page 14
MARIN MUNICIPAL WATER DISTRICT
ATTEST:
President
Secretary
TOWN OF WINDSOR
Ac
ATTEST:
Mayor
City Manager
Town Clerk
Date:
Date:
Resolution No. 2018-073 N.C.S. Page 15
Exhibit A
2016 Regional Water Conservation Projects
• Regional Multi -Media Outreach Campaign
• Partnership website promotion
• Water Education materials available for local schools
• Sonoma County Green Business Program
• Qualified Water Efficient Landscaper (English and Spanish training, including graywater
training)
• Annual Eco -Friendly Garden Tour
• Russian River/ Bay Friendly Landscaping
• Water Smart Plant labels in local nurseries
• Daily Acts Community Resilience Challenge
• Master Gardener's Garden Sense Program
• Representation at the Sonoma County Fair
• Green Car Wash Certification
• Legislative Tracking
• Water Wise Gardening website for Sonoma and Marin counties
• Water Smart Plant Cards
• Do -It -Yourself Energy and Water Savings Toolkit
Resolution No. 2018-073 N.C.S. Page 16
Exhibit B
Contribution Amount Form
for New, non -Water Agency Customer Signatory
(to be completed and attached to the First Amended MOU)
Regional Water Conservation Projects Funding
[Organization Name] shall pay an annual Water Conservation Fund fee to fund Regional Water
Conservation Projects in the amount of
per the recommendation by
the Subcommittee and approved by the TAC, which amount shall be deposited in the Water
Conservation Fund,
Local Water Conservation Project Funding
[Organization Name] shall internally budget and expend at least 175% of their Water Conservation
Fund fee as their Annualized Amount to support Local Water Conservation Projects or an amount
recommended recommendation by the Subcommittee and approved by the TAC equivalent to
For [Organization Name]
By: _
Name:
Title:
Date:
Resolution No. 2018-073 N.C.S. Page 17