HomeMy WebLinkAboutResolution 2008-193 N.C.S. 10/20/2008Resolution No. 2008-193 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE MEMORANDUM OF AGREEMENT
FOR THE BAY AREA RECYCLED WATER COALITION
FEDERAL LEGISLATIVE EFFORTS
WHEREAS, on May 19, 2008, the City Council adopted Resolution No. 2008-085
N.C.S. Adopting the City of Petaluma General Plan 2025 ("General Plan"), including its
Technical Appendix C, a Water Demand and Supply Analysis Report (2006); and,
WHEREAS, the General Plan and its Water Demand and Supply Analysis Report
identify recycled water as an essential source of water supply to meet potable water demand in
the City through 2025; and,
WHEREAS, General Plan Goal 8-G-3 requires the City to max-imize the use of recycled
water as a potable water offset to manage water demands and to meet regulatory requirements
for wastewater discharge; and,
WHEREAS, General Plan Goal 8-G-4 requires the City to manage the wastewater
collection and treatment system to address 100 percent capture and treatment. of the City's
wastewater in an economically and ecologically sound manner; and,
WHEREAS, Title XVI of the Reclamation Wastewater and Groundwater Study and
Facilities Act of 1992 (also known as Public Law 102-575) authorized a feasibility study of the
potential for development of demonstration and permanent facilities to reclaim water in the San
Francisco Bay Area, bringing Bay Area agencies together to study opportunities to use recycled
treated wastewater for beneficial uses; and authorized the planning, design and construction of
the San Jose Water Reclamation and Reuse Program; and,
WHEREAS, the Bay Area Recycled Water Coalition has been formed by various Bay
Area public agencies to coordinate efforts to seek federal funding for recycled water projects
pursuant to Public Law 102-575; and,
Resolution No. 2008-193 N.C.S. Page I
WHEREAS, the City of Petaluma has ongoing and planned projects and programs to
expand its treatment and use of recycled water, including but not limited to the Water Recycling
Facility and River Access Improvements Project and the Water Recycling Expansion Project
which could benefit from federal fund available pursuant to Public Law 102-575; and,
WHEREAS, membership in and cooperation with the Bay Area Recycled Water
Coalition may improve the City's access to federal grant. funds to partially defray the costs of
ongoing andlor planned recycled water projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PETALUMA that the City Manager is authorized and directed to execute the
Membership Addendum to the Memorandum of Agreement, Bay Area Recycled Water Coalition
(BARWC) Federal Legislative Efforts, attached to this resolution as Exhibit A, on behalf of the
City of Petaluma.
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
Council of the City of Petaluma at a Regular meeting on the 20`~ day~of October,
2008, by the following vote:
AYES: C3an~ett. Harris. Nau. O'L3ricn. Vice Manor Babbitt. Manor `fotliatt
NOES: None
ABSENT: Freilas
ABSTAIN: None
A7"PEST:
City Clerk
Resolution No. ?008-193 N.C.S.
City Atto
Page. 2
EXHIBIT A
MEMORANDUM OF AGREEMENT
BAY AREA RECYCLED WATER COALITION (BARWCj
FEDERAL LEGISLATIVE EFFORTS
This agreement is made and executed this .- day of , 2008, by and between the City of Mountain
View, aCharter City and Municipal Corporation; City of Palo Alto, a Charter City; City of Redwood City, a Charter
City; and the City of San Jose, a Municipal Corporation, and administering agency for the San Jase/Santa Clara
Water Pollution Control Plant, a joint powers agency formed pursuant to California Government Code section
6500, et seq.; the Delta Diablo Sanitation District ("DDSD"), a County Sanitation District formed pursuant to
California Health and Safety Code Section 4700 et seq.; North Coast County Water District, formed under the
County Water District .Act, California Water Code Section 30000, et. seq.; Santa Clara Valley Water District, a
Special District created by an act of the California Legislature, "PARTICIPATING AGENCIES," and the Bay Area
Clean Water Agencies, a joint powers agency formed pursuant to California Government Code section 6500 et
seq.
RECITALS
1. WHEREAS, Title KVI of the Reclamation Wastewater and Groundwater Study and Faci{ities Act of
1992 (also known as Public Law 102-575) authorized a feasibility study of the potential for
development of demonstration and permanent facilities to reclaim water in the San Francisco Bay
Area, bringing Bay Area agencies together to study opportunities to use recycled treated
wastewater for.beneficial uses; and authorized the planning, design and construction for the San
Jose Water Reclamation and Reuse Program; and
2. WHEREAS, the Bay Area Recycled Water Master Plan, completed in 1999, identified opportunities
to use 125,000 acre-feet per year (AF/yr) by 2010, and 240,000 AF/yr by 2025; and
3. WHEREAS, Bay Area agencies have invested nearly $300 million of local funds in water recycling
projects, and many more projects are ready to be built; and
4. WHEREAS, federal funding is essential to support these highly leveraged, locally managed, projects
to help ensure the security of water supplies for years to come; and
5. WHEREAS, Public Law 102-575 also provides a program for Federal participation (through cost
sharing) in specific water reuse projects up to certain amounts specified in the Act; and
6. WHEREAS, PARTICIPATING AGENCIES have identified 8 projects for which they wish to seek near-
term federal funding; and
7. WHEREAS, PARTICIPATING AGENCIES anticipate identifying future projects for which they may
wish to secure federal funding; and
8. WHEREAS, federal funding monies will not be available for any authorized project until such funds
have been specifically appropriated by Congress; and
9. WHEREAS, Public Law 102-575 requires that projects complete a feasibility determination process
administered through the United States Bureau of Reclamation and that specific authority for
funding be legislatively granted; and
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Resolution No. 2008-193 N.C.S. Page 3
10. WHEREAS, PARTICIPATING AGENCIES have collaborated in efforts to promote legislation
authorizing federal funding for Bay Area recycled water projects; and
11. WHEREAS, the United States House of Representatives on July 23, 2007, passed HR 1526
amending the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 and
authorizing the Bay Area Regional Water Recycling Program and a companion bill was introduced
in the Senate on May 24, 2007; and
12. WHEREAS, Senate Bill 2739, the Consolidated Natural Resources Ad of 2008, containing the HR
1526 language, was introduced on March 10, 2008 and passed by the full Senate on April 10,
2008; and
13. WHEREAS, PARTICIPATING AGENCIES desire to continue efforts to obtain necessary legislation
authorizing federal funding for Bay Area recycled water projects; and
14. WHEREAS, PARTICIPATING AGENCIES desire to collaborate in efforts to promote legislation to
appropriate federal funding for authorized projects and for other Bay Area projects that may be
authorized in the future.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED HEREIN, THE
PARTIES DO HEREBY AGREE AS FOLLOWS:
I. .DEFINITIONS
1. PARTIES: All Participating Agencies and the Bay Area Clean Water Agencies.
2. PARTICIPATING AGENCIES: Agencies that have recycled water projects authorized through Title
XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 (also known
as Public Law 102-575) or that intend to actively seek congressional authorization and
appropriation under the terms of this Agreement, for projects covered under Title XVI, and are
party to this Agreement.
3. AUTHORIZED PROJECT: A project that has been enacted into federal law.
II. MEMBERSHIP ELIGIBILITY
Any public agency in the nine-county Bay Area that is developing a recycled water project and has an
interest in securing federal participation through Title XVI can become a PARTICIPATING AGENCY upon
approval of such membership by a majority of the Parties and execution of the Membership Addendum
attached hereto as Attachment 1. Any Addendum must be approved on or before September 30 in
order to be effective for the forthcoming calendar year.
III. PARTICIPATION AND ROLES IN FEDERAL LEGISLATIVE EFFORTS
1. The PARTIES hereby agree that Bay Area Clean Water Agencies (BACWA), will be the legal
authority to represent PARTICIPATING AGENCIES in pursuit of the Title XVI grants under the
Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 (Public Law 102-575),
and will act as the regional entity on behalf of PARTICIPATING AGENCIES.
7/21/2008
Resolution No. 2008-193 N.C.S. Page 4
2. The PARTIES agree that BACWA will be listed as the entity submitting the authorization and
appropriation requests to members of Congress and that BACWA support of PARTICIPATING
AGENCY legislative efforts may include review of and signature on letters of support drafted by
PARTICIPATING AGENCIES, and attending hearings and/or meetings with congressional
representatives and their staff. BACWA will bill the PARTICIPATING AGENCIES for the costs it
incurs for these activities ("BACWA Administrative Costs") and the PARTICIPATING AGENCIES
agree to be individually liable for such BACWA Administrative Costs as provided in Section VI,
below. Any documents BACWA requests from a PARTICIPATING AGENCY to support its legislative
role will be prepared by the respective PARTICIPATING AGENCY at its own expense.
3. The PARTIES .agree that all appropriations requests pursuant to this AGREEMENT shall include
language directing USER to enter into grant agreements with the PARTICIPATING AGENCIES for
reimbursement of all eligible costs of the projects designated in the Appropriations Request List
developed by the PARTICIPATING AGENCIES pursuant to Section V of this AGREEMENT, in
accordance with the pro rata distribution formula set forth in Section VII below. Any agreement
required by USBR shall subject to PARTICIPATING AGENCY accepting the terms thereof.
4. PARTICIPATING AGENCIES agree to provide for their own projects all necessary in kind services
including providing background information, project or program descriptions, planning,
environmental review, federal feasibility documentation and determination, design, construction
and coordination, project or program status reports, meeting attendance, review of documents,
Board or Council resolutions (if needed), and any other staff support required to support federal
advocacy efforts. BACWA shall have no responsibility for provision of any of these services.
5. PARTICIPATING AGENCIES agree that all recycled water projects for which federal participation is
sought through Title XVI that meets the terms of this AGREEMENT shall enjoy the same Bay Area
wide legislative priority for funding and authorization regardless of project size or congressional
district in which the project is located.
6. Each PARTICIPATING AGENCY is committed to securing or assisting in securing the support of its
House of Representatives member(s) to actively advocate on behalf of the Bay Area Recycled
Water Coalition approach. Each PARTICIPATING AGENCY will request its House of Representative
member(s) to place the Bay Area regional recycled water Title XVI requests as a very high priority
in order to support and reward the regional approach, even if the list of projects for any given year
does not have a project in his/her district.
7. No later than September 30 of each calendar year, PARTICIPATING AGENCIES will select among
themselves one Agency to provide federal advocacy outside consulting service for the forthcoming
calendar year, including consultant contract management, facilitation and management of
meetings and accounting. All PARTICIPATING AGENCIES shall be considered third party
beneficiaries of the outside consultant contract and shall be entitled to receive all copies of
consultant's correspondence and reports. The outside consultant shall provide all required
lobbying disclosure documentation for each of the PARTICIPATING AGENCIES. Each
PARTICIPATING AGENCY agrees to be individually liable for its pro rata share of such consultant
costs ("PARTICIPATING AGENCY OUTSIDE COS?~S") as provided in Section VI, below.
IV. DETERM{NATION OF PROJECTS FOR AUTHORIZATION REQUESTS
Resolution No. 2008-193 N.C.S. Page ~
No later than September 30 of each calendar year, PARTICIPATING AGENCIES will determine which
projects will b_e_included_ in the authorization. requests for the_ following_cafend_ar year__and_will create _a
list of those projects. The list will include any recycled water project located within the nine-county Bay
Area where the public agency project sponsor is a PARTICIPATING AGENCY.
V. DETERMINATION OF PROJECTS FOR APPROPRIATION REQUESTS
No later than September 30 of each calendar year, PARTICIPATING AGENCIES shall review the
status of all AUTHORIZED PROJECTS to determine those projects that will meet both the following
criteria: (1) Project has completed or is in the process of completing the Title XVI Feasibility
Determination process administered by the United States Bureau of Reclamation; and (2) the
funded phase of the project will be completed no later than the end of the federal fiscal year of
the appropriation request (i.e. 2009 appropriation requests must be for work that will be
completed by September 30, 2009); and project otherwise meets all eligibility requirements for
funding under Pubic Law 102-575 as amended. Projects meeting these criteria will be eligible for
inclusion in the list of projects for which a federal funding allocation will be sought.
No later than September 30 of each calendar year, PARTICIPATING AGENCIES will determine the
final list of projects; the associated project cost for which a federal funding allocation will be
sought through the Congressional budget process for the subsequent federal fiscal year; and the
percentage share each agency would receive of the total requested appropriation. This list shall
be the "Appropriation Request List.
3. Projects contemplated for federal fiscal year (FY) 2009 and FY 2010 appropriation requests .are
listed in Attachment 2. No later than September 30 of each year, beginning September 30, 2008,
the PARTICIPATING AGENCIES will modify Attachment 2 as necessary to select projects meeting
the above criteria for future year appropriations requests beginning with the calendar years 2009
and 2010 appropriation requests.
VI. COST SHARING
1. Annually commencing in 2009, PARTICIPATING AGENCIES will pay their pro rata share per project
of the cost to carry out PARTICIPATING AGENCY efforts to secure federal funding through Title XVI;
this shall consist of the reimbursement of BACWA Administrative and Outside Agency Costs as
defined in Section III above. The pro rata cost share attributable to a project for a given year will
be determined by dividing the total cost for PARTICIPATING AGENCY efforts by the total number
of projects for which authorization and/or appropriation will be sought in the subsequent calendar
year. A PARTICIPATING AGENCY that is unable or unwilling to pay federal advocacy costs may
request that its pro rata share per project be used for other consultant or administrative costs
and, if the PARTICIPATING AGENCY has a lobbyist on retainer in Washington D.C., may direct its
Washington D. C. lobbyist to assist in the federal advocacy program; notwithstanding however,
that each PARTICIPATING AGENCY shall pay its full pro rata share of the total cost as calculated
above.
2. No later than September 30 of each calendar year, the PARTIES will determine the total cost for
PARTICIPATING AGENCY efforts for the next calendar year and the pro rata cost share attributable
to each project. No later than November 30 of each calendar year, each PARTICIPATING AGENCY
will obtain the necessary Board/City Council approval. for funding of the next year's costs for its
respective project(s).
7/21/2008
Resolution No. 2008-1 y3 N.C.S.. P~~~
3. For calendar year 2008, the PARTICIPATING AGENCIES have entered into a separate agreement for
_ p_a_yment_of th_e_r pro._rata_shar_e p_er, project of#ederal advocacy_costs.
VII. D15TRIBUTION OF FEDERAL FUNDING
1. PARTICIPATING AGENCIES designate BACWA to serve as the legal entity to request amendments
to the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 for the
authorized projects.
2. When a federal appropriation is made, in accordance with the Final Appropriation List, BACWA
shall inform the United States Bureau of Reclamation (USER) of the percentage share that each
PARTICIPATING AGENCY should receive for its project(s) from the appropriation pursuant to an
individual project agreements} between the PARTICIPATING AGENCY and USER. Should the total
amount of the federal appropriation be less than the total amount sought for all authorized
projects in any given year, each PARTICIPATING AGENCY will receive its percentage share of the
lower appropriation, and BACWA shall inform USBR of the percentage shares.
3. BACWA shall have no responsibility and no liability for any PARTICIPATING AGENCY'S performance
of its obligations pursuant to its individual project agreement. with the United States Bureau of
Reclamation. Each PARTICIPATING AGENCY that receives a federal appropriation agrees to hold
harmless BACWA from any and all claims, causes of action or liabilities arising from or connected
to (1) the PARTICIPATING AGENCY'S acceptance and use of the federal appropriation andfor (2)
the project for which the appropriation was received.
4. Neither BACWA nor the PARTICIPATING AGENCIES are required to accept the USBR
proposed agreement terms. If USBR requires an agreement with BACWA, the terms of
which BACWA cannot agree, BACWA;s obligations under this Agreement shall terminate. If
the affected PARTICIPATING AGENCIES do not enter into the USBR agreement, the
affected Parties' obligations under this Agreement shall terminate.
VIII. DISPUTES
The PARTIES agree to follow this dispute resolution procedure:
1. Informal Conferral. If a dispute related to the interpretation, enforcement, or compliance with the
terms and provisions of this Agreement arises, the affected agencies will first attempt to resolve it
through informal discussions, which will include the persons identified as Agency Contacts in Section
IX below for the affected agencies. If such a dispute cannot be resolved in this matter within fifteen
(15) business days, the affected agencies will endeavor to settle the dispute through negotiation.
2. Negotiation. Not more than fifteen (15) business days after the conclusion of the informal conferral,
the aggrieved agency shall serve on the other affected agencies (a) written notice of the nature and
basis of the dispute, including any amount of money claimed, the provisions of the Agreement at
issue, and the facts in support of its position; and (b) a copy of all supporting documents. Within ten
(10) business days after service of the notice, the responding agencies shall serve on the aggrieved
agency (a) a written response setting out their position, including the provisions of the Agreement
relied on and the facts in support thereof; and (b} a copy of all supporting documents. Within ten
7{21/2008
Resolution No. 2008-193 N.C.S. Page 1
(10) business days after service of the response, the affected agencies shall meet to negotiate
resolution of the dispute. Each agency's negotiator shall be its general manager or city manager,
executive director, or their designee.
IX.
3. After negotiation, any affected agency may pursue any available legal remedy. The written notice
of the dispute and the written response and all documents produced, but not the subsequent
discussion, shall be admissible in any subsequent proceeding.
4. Pending resolution of the dispute, each PARTY must fulfill its payment obligations and
other responsibilities under this Agreement.
AGENCY CONTACTS
For each Participating Agency, a contact person is identified below. All communications regarding
activities covered by this Agreement wi{I be made to those contact persons. All notices pertaining to
this Agreement will be in writing and may be delivered by deposit in the U.S. mail, postage prepaid,
addressed in the case of each agency to the contact person listed. below:
City of Mountain View
Gregg Hosfeldt, Assistant Public Works Director
500 Castro Street/ P.O. Box 7540
Mountain View, CA 94039-7540
Delta Diablo Sanitation District
Caroline Quinn, District Engineer
2500 Pittsburg-Antioch Highway
Antioch, CA 94509-1373
City of Palo Alto
Daisy Stark, Contract Manager
250 Harnilton Avenue
Palo Alto, CA 94301
City of Redwood City
Roanne Ross, Whitley Burchett & Associates
1777 Oakland Blvd. Suite 200
Walnut Creek, CA 94596
City of San Jose, South Bay Water Recycling
Eric Rosenblum, Division Manager
c/o City of San Jose Municipal Water System
3025 Tuers Road
San Jose CA 95121
Bay Area Clean Water Agencies
Michele Pla, Executive Director
6114 LaSalle Ave, #456
Oakland, CA 94611-2802
X. AMENDMENTS
7/21/2008
North Coast County Water District
Cari Lemke, Assistant General Manager
2400 Francisco Blvd./P.O. Box 1039
Pacifica, CA 94044
Santa Clara Valley Water District
Pam John, Senior Civil Engineer
5750 Almaden Expressway
San Jose, CA 95118
Resolution No. 2008-193 N.C.S.
Page 8
This Agreement may be amended by a written document executed by all of the PARTIES hereto.
XI. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the PARTIES. Except as
expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties .hereto.
XII. TERMINATION
This Agreement may be terminated immediately at any time by written mutual consent of all PARTIES.
Upon provision of written notice of termination to all other PARTIES no later than October 3I, a
PARTICIPATING AGENCY may terminate its participation in this Agreement effective December 31 of the
current calendar year.
XIII. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original
and all of which together shall, constitute one and the same Agreement.
EXECUTED AND APPROVED ON BEHALF OF EACH AGENCY AS SIGNIFIED BY THE SIGNATURES BELOW:
PARTIES:
Bay Area Clean Water Agencies:
Michele Pla, Executive Director Counsel
City of Mountain View:
Kevin Duggan, City Manager
Counsel
City of Palo Alto:
Frank Benest, City Manager
City of Redwood City:
Counsel
Peter Ingram, Interim City Manager Counsel
7/21/2008
Resolution No. 2008-193 N.C.S. Page 9
City of San Jose:
Debra Figone, City Manager Counsel
Delta Diablo Sanitation District (DDSD):
Gary Darling, General Manager Counsel
North Coast County Water District (NCCWD):
Kevin O'Connell, General Manager Counsel
Santa Clara Valley Water District:
Olga Martin-Steele, Chief Operating Officer Counsel
Attachment 1- Membership Addendum
Attachment 2 - Appropriation Request
7/Z1/2008
Resolution No. 2008-193 N.C.S. Page ~;l
ATTACHMENT 1
- MEMBERSHIP-ADDENDUM- -
This Addendum to the Memorandum of Agreement for the Bay Area Recycled Water Coalition
(BARWC) Federal Legislative Efforts (the "Agreement") is made on (date) , by the
(name of agency) , (the "Agenry") a (state legal capacity, i.e. a municipal corporation)
for the purpose of becoming a PARTICIPATING AGENCY as that term is defined in the
Agreement. The Agreement is incorporated by reference in and made a part of this Addendum.
The Agency acknowledges that it has received a copy of the Agreement and after thorough
review of the Agreement desires to become a Participating Agency under the Agreement. The
Agreement contemplates the inclusion of Participating Agencies by a process of voluntary execution of
this Addendum and a majority vote of the Participating Agencies to approve inclusion of the signatory as
a Participating Agency.
The governing body of the Agency certifies that the Agency has a recycled water project
authorized through Title XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act
of 1992 or intends to actively seek congressional authorization and appropriation, for projects covered
under Title XVI.
Inconsideration for the mutual promises set forth in the Agreement, the governing body of the
Agency hereby agrees to accept and perform all duties, responsibilities and obligations required of a
Participating Agency as set forth in the Agreement. Further, the governing body authorizes its
or his/her designee to sign all documents necessary to implement the
Agreement.
The contact person and notice address for the Agency are:
Date
(Name of Agency)
By:
Chairperson
The Agreement and the Addendum are approved as to form:
By: ,Attorney for PARTICIPATING AGENCY
7/21/2008
Resolution No. ?008-193 N.C.S. Page I I
ATTACHMENT 2
MEMORANDUM OF AGREEMENT
BAY AREA RECYCLED WATER COALITION (BARWC)
APPROPRIATION REQUEST
PARTICIPATING REQUESTED APPROPRIATION
ELIGIBLE PROJECT AGENCIES FY 09 FY 2010
Palo Alto/Mountain View/Moffett
Area Water Reuse Project Palo Alto & Mountain
View
$5,000,000
Pittsburg Recycled Water Project DDSD $1,750,000
Antioch Recycled Water Project DDSD $2,250,000
North Coast County Recycled Water
Project (aka Pacific) NCCWD $2,500,000
Redwood City Recycled Water
Project .Redwood City $1,100,000
South Santa Clara County Recycled
Water Project SCVWD $7,000,000
South Bay Advanced Recycled Water
Treatment Facility SCVWD
$8,250,000
San Jose Area Water Reclamation
and Reuse Project San Jose $8,000,000
TOTAL $20,600,000 $15,250,000
APPROPRIATION REQUEST
PERCENT SHARES for FY 2009
PARTICIPATING REQUESTED A PPROPRIATION
ELIGIBLE PROJECT AGENCIES FY 09 Percent Share
Palo Alto/Mountain View/Moffett
Area Water Reuse Project Palo Alto & Mountain
View
$5,000,000
24.27
Pittsburg Recycled Water Project DDSD $1,750,000 8.5%
Antioch Recycled Water Project DDSD $2,250,000 10.92%
North Coast County Recycled Water
Project (aka Pacifica) NCCWD $2,500,000 12.14%
Redwood City Recycled Water
Project Redwood City $1,100,000 5.34%
San Jose Area Water Reclamation
and Reuse Project San Jose $8,000,000 38.83%
TOTAL $20,600,000 100%
7/zi/2oo8
Resolution No. 2008-193 N.C.S. Page IZ