2008/06/24 City Council Resolution 2008-92RESOLUTION NO. 2008 -92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A MEMORANDUM OF UNDERSTANDING
REGARDING SONOMA -MARIN SAVING WATER PARTNERSHIP
WHEREAS, the City of Rohnert Park is committed to water conservation and requires
water conservation projects;
WHEREAS, the Memorandum of Understanding Regarding Sonoma - Marin Saving
Water Partnership (hereinafter "MOU ") encourages regional conservation measures, programs,
and reporting for the Sonoma County Water Agency water contractors; and
WHEREAS, the MOU determines the amounts to be budgeted and expended by each
Water Contractor and the Marin Municipal Water District for water conservation and maximizes
cost - effective water conservation by the parties to this MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a Memorandum of Understanding Regarding
Sonoma - Marin Saving Water Partnership by and between the City of Rohnert Park, a municipal
corporation, and the following public agencies:
Sonoma County Water Agency
City of Cotati
City of Petaluma
City of Santa Rosa
City of Sonoma
North Marin Water District
Valley of the Moon Water District
Marin Municipal Water District
Town of Windsor
DULY AND REGULARLY ADOPTED this 24th day of June, 2008.
CITY OF ROHNERT PARK
W..J/ — TiL o
P Mayor ATTEST:
lor'�,O"NIIRT
—
f _
xg
City
BREEZE: ABSENT SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
{ 23
24
25
26
27
28
29
30
DRAFT — 02/22/2008
Memorandum of Understanding
Regarding
Sonoma -Maria Saving Water Partnership
This Memorandum of Understanding (MOU) is made 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)
TOWN OF WINDSOR (Windsor)
SECTION 1 - RECITALS
(a) 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 (Transmission System) authorized by the Restructured
Agreement for Water Supply between and among the Agency and eight Water Contractors:
Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma, Windsor, NMWD, VOMWD, dated June
23, 2006, by means of which water is furnished to the parties thereto. The Agency furnishes
water to MMWD pursuant to 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 both of which were last amended by the Supplemental Water Supply Agreement
dated January 25, 1996 (MMWD Agreements).
31 (b) The Restructured Agreement authorizes the Agency to undertake or fund any
32 cost effective Water Conservation Project that has been approved by the Water Advisory
33 Committee (WAC).
Last printed 2/22/2006
Page 1 of 12
i (c) As of the date of this MOU, the WAC has approved $15 million for implementing
2 conservation measures over a ten -year period commencing with Fiscal Year 1997 -98.
3 (d) The Restructured Agreement establishes a Water Conservation Sub- Charge to
4 be deposited in a Water Conservation Fund created by the Agency. The Water Conservation
5 Fund shall be used only to pay or partially pay for the cost of Water Conservation Projects. The
6 aggregate amount of money to be received by the Agency from the Water Conservation Sub-
7 Charge for each fiscal year shall be sufficient to cover the Agency's estimate of the total cost of
8 all Water Conservation Projects for such fiscal year.
9 (e) The Restructured Agreement Section 1.12 sets forth the Water Conservation
to Requirements that the Water Contractors must implement and encourages said parties to
11 implement Water Conservation Projects that go beyond those requirements.
12 (f) The parties to this MOU recognize that establishing common water conservation
13 projects on a. regional basis and applicable across the political and jurisdictional boundaries of
14 each party may be a means of cost effectively conserving more water than would otherwise be
15 conserved on an individual agency -by- agency basis.
16 (g) The parties to this MOU further recognize that the Restructured Agreement
17 establishes a Water Conservation Subcommittee (the Subcommittee) of the Technical Advisory
18 Committee (TAC) to the WAC to make recommendations with respect to Water Conservation
19 Requirements pursuant to the Restructured Agreement.
20 SECTION 2 - DEFINITIONS
21 The terms used in this MOU that are defined in Section 1.2 of the Restructured
22 Agreement shall have the meaning set forth in said Section 1.2.
C,
Last printed 2/22/2008
Page 2 of 12
1 SECTION 3 — PURPOSE
2 The purpose of this MOU is to determine the amounts to be budgeted and
3 expended by each Water Contractor and MMWD for water conservation, identify Water
4 Conservation Projects that the Subcommittee will consider for recommendation to the TAC, and
5 maximize cost - effective water conservation by the parties to this MOU in Sonoma and Marin
6 Counties. To this end, the Sonoma County Water Agency 2005 Urban Water Management
7 Plan identifies a cumulative target to reduce potable water demand by the year 2030 through
8 implementation of water conservation, local supply and recycled water projects.
9 SECTION 4 - COMMITMENT
10 (a) Each retail water provider signatory to this MOU (Cotati, Petaluma, Rohnert Park,
11 Santa Rosa, Sonoma, NMWD, VOMWD, MMWD and Windsor) commits to participate in the
12 following Regional Water Conservation Projects:
13 (1) Remain as members in good standing of the California Urban Water
14 Conservation Council ( CUWCC), implement the Best Management Practices (BMPs) of
15 water conservation as are promulgated by CUWCC from time to time in the
16 "Memorandum of Understanding Regarding Urban Water Conservation in California ", or
17 implement alternative water conservation measures that secure at least the same level
18 of water savings, and complete and timely file the annual CUWCC report form; and
19 implement or use best efforts to secure the implementation of any water conservation
20 requirements that may be added as terms or conditions of the Agency's appropriative
21 water rights permits or license, or with which the Agency must comply under compulsion
22 of regulation or law. The parties shall require metered billing of all customer accounts
23 they serve.
Last printed 2/22/2008
Page 3 of 12
1 (2) Implement the CUWCC BMPs either with: (i) internal staff, or (ii)
2 administered by the Agency through a Cooperative Funding and Administration .
3 Agreement between the party and Agency. It is understood that if a retail water provider
4 is maintaining compliance with any BMP, as determined by the CUWCC, further
5 participation in that BMP is at the discretion of the retail water provider.
6 (3) Implement New Construction Water Conservation Measures as
7 appropriate for the particular party from the list included herein as Attachment A: Draft
s New Construction Water Conservation Measures.
9 (4) Implement various water conservation measures as may be appropriate
10 for the particular party that go beyond the implementation of the CUWCC BMPs and as
11 contemplated by the Agency's 2005 Urban Water Management Plan and included in
12 Attachment B,
13 (5) Designate a staff member responsible for: (i) submitting the BMP C.
14 Implementation Report; (ii) coordinating interaction between that party's management
15 and council board with the Agency staff; (iii) representing the party on the Subcommittee
16 to propose any Water Conservation Project that will increase water conservation
17 amounts or efficiency, including CUWCC BMP compliance, Long Range and Annual
18 Water Saving Goals, and other water conservation related tasks as directed by the WAC
19 such as. addressing the Ahwahnee Water Principles, Leadership in Energy and
20 Environmental Design (LEED), or specific initiatives for regional benefit in the Sonoma-
21 Marin area.
22 (5) Provide customer service support (consumer billing, phone and CUWCC
23 BMP compliance data collection) for Agency staff administering Regional programs;
Last printed 2/22/2008
Page 4 of 12
1 (6) Provide financial data support and cost accounting data for Agency and
2 partner staff administering the regional or partner specific programs; and
3 (7) Provide staff support to review new development plans and construction
4 for consistency with regional water conservation recommendations of the Subcommittee
5 and when requested make said data information _ available to the Agency staff
6 administering regional programs.
7 (b) The Agency, signatory to this MOU, is committed to participate in Regional Water
8 Conservation Projects as defined herein, including:
9 (1) Remain as a member in good standing of CUWCC; implement the
10 applicable BMPs of water conservation as are promulgated by CUWCC from time to
11 time in the "Memorandum of Understanding Regarding Urban Water Conservation in
12 California ", or implement alternative water conservation measures that secure at least
( 13 the same level of water savings, and complete and timely file the annual CUWCC report
14 form; and implement or use best efforts to secure the implementation of any water
15 conservation requirements that may be added as terms or conditions of the Agency's
16 appropriative water rights permits or license, or with which the Agency must comply
17 under compulsion of regulation or law. The Agency shall require metered billing of all
18 customer accounts they serve.
Last printed 2/22/2008
Page 5 of 12
1 (2) Prepare and administer Funding and Administration Agreements with the
2 parties for carrying out regional Water Conservation Projects including, but not limited to,
3 Regional Residential and Commercial Clothes Washer Rebate, Regional Large
4 Landscape Water Use Survey, Regional Smart Controller Rebate, Regional Commercial
5 Water Use Assessment, and Regional End -Use Study.
6 (3) Compile necessary data and, in conjunction with the parties, publish an
7 annual report for the partnership detailing water conserved compared to plan and based
8 on best available techniques and industry standards.
9 (4) Pursue partnerships with other utilities to implement regional water
10 conservation programs.
11
12 SECTION 5 — FUNDING
13 Funding for the Partnership shall be from the Agency Water Conservation Fund and
14 expenditures by the Water Contractors and MMWD. For Water Contractors the Agency shall
15 calculate and collect, as a part of the Operations and Maintenance charge, a Water
16 Conservation Sub- Charge, which monies shall be deposited in the Water Conservation Fund.
17 For MMWD, not party to the Restructured Agreement, an equivalent amount shall be included
18 as a component of the Operation and Maintenance Charge and shall be deposited in the Water
19 Conservation Fund.
20 The aggregate amount of money to be received by the Agency for each Fiscal Year and
21 deposited to the Water Conservation Fund shall be sufficient to cover the Agency's estimate of
22 the total cost of all regional Water Conservation Projects for such Fiscal Year.
23
Last printed 2/22/2008
Page 6 of 12
1 In addition to expenditures from the Water Conservation Fund noted above, from July 1,
2 2008 through July 20, 2018, a total of Fifteen Million Dollars ($15,000,000) shall be budgeted
3 and expended by the Water Contractors and MMWD to implement Water Conservation Projects
4 to achieve the quantifiable water savings established by the parties to this MOU. The
5 $15,000,000 shall be budgeted and expended by each Water Contractor and MMWD over the
6 next 10 years to support Water Conservation Projects benefiting the Water Contractors and
7 MMWD. The annual amount to be budgeted and expended by each Water Contractor is based
8 upon the prorated share of 3 -year average annual Agency water deliveries to each Water
9 Contractor and MMWD divided by the total Agency water deliveries to the Water Contractors
10 and MMWD for those 3 years. The annualized amount to be budgeted shall be as follows:
11 Cotati $25,375 (1.69 %); Petaluma $242,150 (16.14 %); Rohnert Park $120,100 (8.01 %); Santa
12 Rosa $557,325 (37.15 %); Sonoma $55,000 (3.67 %); North Marin $240,525 (16.04 %); Valley of
13 the Moon $72,200 (4.81 %); Windsor $10,600 (0.71 %) and MMWD $176,725 (11.78 %); based
l
14 upon water deliveries in 2004, 2005 and 2006. The above annualized amounts shall be
15 adjusted in fiscal years 2012 and 2015 on the same prorated basis noted above to reflect then
16 current 3 -year average annual revised water deliveries.
17 Revenue from the Water Conservation Sub- Charge collected from Windsor by the
18 Agency for all water diverted by Windsor directly from the Russian River using its own facilities,
19 whether under Windsor's water rights or Agency's water rights, shall be placed in a separate
20 account by the Agency and made available to Windsor as additional funding for Water
21 Conservation Projects.
Last printed 222212006
Page 7 of 12
I SECTION 6 - WAIVER OF RIGHTS
2 By signing this MOU, the parties do not waive or relinquish any legal or equitable right
3 that they might otherwise have with respect to any of the actions, activities, or obligations
4 contemplated by the Restructured Agreement, except as expressly provided herein.
5 SECTION 7 - AMENDMENT OF MOU
6 Amendments, revisions or modifications to this MOU shall be in writing and shall be
7 executed by all parties to this MOU.
8 SECTION 8 - THIRD PARTY CLAIMS
9 It is not the intent of the parties to this MOU to create any third party beneficiaries. Any
10 failure to perform under the terms of this MOU shall not create any claim or right by any
11 individual or entity not a party to this MOU.
12 SECTION 9 - ENTIRE AGREEMENT
. C
13 This writing is intended both as the final expression of agreement between and among
14 the parties hereto with respect to the included terms and as a complete and exclusive statement
15 of the terms of the MOU, pursuant to Civil Code §1896.
16 SECTION 10 -RELATION TO RESTRUCTURED AGREEMENT
17 The parties understand and agree that this MOU supplements the Restructured
18 Agreement for Water Supply and the MMWD Agreements. The parties agree that in the event
19 "of an inconsistency between this MOU and the Restructured Agreement for Water Supply (or,
20 for the Agency and MMWD, between this MOU and the MMWD Agreements), the provisions of
21 the Restructured Agreement for Water Supply (or, for the Agency and MMWD, the MMWD
22 Agreements) shall control.
Last printed 2/22/2008
Page 8 of 12
1 SECTION 11 -TERM OF MOU
2 The Memorandum of Understanding Regarding Sonoma -Marin Saving Water
3 Partnership shall become effective upon the signature of the parties hereto and shall remain in
r• .
4 effect until June 30, 2018 unless extended or terminated earlier.
5
6 SONOMA COUNTY WATER AGENCY
7
8
9
10 By: Date:
11 Chair, Board of Directors
12
13 ATTEST:
14
15
16 Clerk, Board of Directors
17
18
19 CITY OF COTATI
20
1, 21 By: Date:
22 Mayor
23
24 ATTEST:
25
26
27 City Clerk
28
29
30
31 CITY OF PETALUMA
32
33 By: Date:
34 Mayor
35
36 ATTEST:
37
38
39 City Clerk
40
41
Page 9 of 11 Last printed 2/22/2008
i CITY OF ROHNERT PARK
2
3 By: Date:
4 Mayor
5
6 ATTEST:
7
8
9 City Clerk
io
I1
12
13 CITY OF SANTA ROSA
14
15 By: Date:
16 Mayor
17
18 ATTEST:
19
20
21 City Clerk
22
23
24
25 CITY OF SONOMA
26
27 By: Date:
28 City Manager
29
3o ATTEST:
31
32
33 City Clerk
34
35
36 NORTH MARIN WATER DISTRICT
37
38 By: Date.:
39 President
40
41 ATTEST:
42
43
44 Secretary
45
46
Page 10 of 11
Last printed 2/22/2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
VALLEY OF THE MOON WATER DISTRICT
By: Date:
President
ATTEST:
Secretary
MARIN MUNICIPAL WATER DISTRICT
By: Date:
President
ATTEST:
Secretary
TOWN OF WINDSOR
By:
Mayor
ATTEST:
Town Clerk
4 T: %GM\SCWA \Sonoma Marin SWP%Sonoma Madn MOU draft FINAL 022208.doc
Date:
Page 11 of 11
Last printed 2/22/2008
ATTACHMENT A
NEW CONSTRUCTION WATER CONSERVATION MEASURES
Interior
(i) Toilets and associated flush valves shall be rated at not more than 1.0 gallons
per flush, or be a dual flush model approved by the District.
(ii) Urinals and associated flush valves shall be rated at not more than 1.0 gallons
per flush.
(iii) Shower heads shall have a rated flow of 2.0 gallons per minute or less.
(iv) Lavatory faucets shall have aerators or laminar flow deices together with flow
control inserts, valves, devices or orifices that restrict flow to a maximum of
approximately 1.5 gallons per minute.
(v) Laundry facility washing machines shall be front loading / horizontal axis models
with an Energy Star rating and a modified water factor of 5.5 or less.
(vi) Dishwashers shall be high efficiency models with an Energy Star rating that use
no more than 5 gallons per cycle.
(vii) Interior plumbing equipped with hot water recirculation system, hot water demand
type pump system or hot water thermo- siphon system.
Exterior
(i) Landscape designs that limit turf size (800 sf residential and 0 sf commercial)
and promote use of adequately amended soil, drought - tolerant native and /or low-
water use plants.
T: \GWSCWA \Sonoma Marin SWP\new construction we measures All A 02220B.doc Last printed 212212008
(ii) Efficient irrigation system design that applies water to each hydro -zone
separately with drip irrigation and /or matched precipitation sprinklers with a high
degree of uniformity.
(iii) Rain sensing devices that keep the irrigation controller from watering when it
rains.
(iv) Weather -based irrigation controllers.
(v) Irrigation -only services agree to use recycled water should recycled water
become available to that service.
T:lGM1SCWA \Sonoma Marin SWPtnew construction we measures AU A 02220B.doc Last printed 2/22/2008
ATTACHMENT B
TIER 2 WATER CONSERVATION.-MEASURES
T:%GMXScWA\Sonoma Marin SWMAttachmenl 8 022208.doc:
easure
Rain-sensor (shut
Existing Customers
off device) retrofit
Agency pays for the rain sensor,
T2 - 1
SF
on irrigation
homeowner pays for the optional
installation ($35).
controllers
Provide a rebate for customers who
remove irrigated turf grass and
replace it with low water using
Existing Customers
Cash for Grass (turf
plants. The rebate would require
T2 - 2
SF, W, CH
removal program)
that an appropriate irrigation system
be installed for the replacement
landscaping. Limited to -.$500 rebate
at $1.00 per square foot.
For dedicated irrigation customers,
All Dedicated
Financial
link a landscape water budget to a
T2 - 3
Irrigation Meter
Incentives for
retail water agency's rate schedule
Being Below Water
so that the dedicated irrigation meter
customers
Budget
customer pays less when their water
use is at or under their water budget.
Provide financial incentives/rebates
for selected permits and equipment
Existing CH
to convert mixed use meters to a
Customers with mixed
Financial Rebates
separate dedicated irrigation meter.
T2 - 4
water use (indoor and
for Irrigation
Model implementation program
outdoor)
Meters
after City of Santa Rosa's Service
Split program. Utility will provide a
water budget for the new irrigation
meter.
Provide an up to $450 rebate for the
purchase of a SMART irrigation
controller and associated signal fees
Existing Customers
Smart Irrigation
(up to $150). Assume one controller
T2 - 5
SF, MF, CH, IRR
Controller Rebates
for RSF and two for others.
Minimum participant requirements:
at least 500 sq ft of well maintained
turf irrigated with an automatic
irrigation control system.
For MF & CH customers with
Financial
landscape, provide rebates for
Existing Customers
Incentives/ Rebates
selected types of irrigation
T2 - 6
MF, CH, IPR
for Irrigation
equipment upgrade including rain
Upgrades
sensors. Model program after water
agencies such as EBMUD or Contra
Costa Water District.
Hotel retrofit
Following a free water audit, offer
T2 - 7
Existing Customers:
(w/financial
the hotel a rebate for equipment
CH
assistance) - CII
identified that would save water.
T:%GMXScWA\Sonoma Marin SWMAttachmenl 8 022208.doc:
ATTACHMENT B
TIER 2 WATER CONSERVATION MEASURES
TAGM\SCWA\Sonoma Marin SWMAttachment B 022208.doc
C.
Existing
Provide a rebate schedule for certain
efficient equipment such as air -
cooled ice machines, steamers,
washers, cooling towers, and spray
rinse valves.
Offer new accounts
reduced connection
fees for installing
Offer reduced water and sewer
efficient process
connection fees to new facilities to
equipment for
install water efficient equipment in
T2 - S
New Customers: CH
selected businesses
new facilities that goes above and
(restaurants,
beyond the building code
laundry mat,
requirements. Model program after
food/groceries and
Santa Rosa's BAT program.
hospital)
Provide a rebate for replacing
Existing Customers:
Synthetic Turf
existing turf with synthetic turf.
T2 - 9
SF (North Marin only)
Rebate
Market program to all irrigation
IRR
customers and single family for
North Marin only.
Provide a rebate or voucher for the
installation of a high efficiency toilet
(HET). HET are defined as any
T2 - 10
Existing Customers:
High Efficiency
toilet to flush 20% less than an
SF & MF
Toilet (HET)
ULFT and include dual flush
technology. Rebate amounts would
reflect the incremental purchase
cost.
Provide a rebate to encourage
homeowners to replace old
T2 - 11
Existing Customers:
Dishwasher New
inefficient dishwashers with new
SF
Efficient
efficient dishwashers (meeting
certain water efficiency standards,
such as gallons /load).
Provide a rebate for a standard list of
water efficient equipment. Included
CII Rebates -
would be x -ray machines,
T2 - 12
Existing Customers:
replace inefficient
icemakers, air - cooled ice machines,
CH
water using
steamers, washers, spray valves,
equipment
efficient dishwashers, replace once
through cooling, add conductivity
meters on cooling towers, etc.
Require that new building be fitted
T2 - 13
New Customers: CH
0.5 gal /flush urinals
with 0.5 gpf urinals rather than the
in new buildings
current standard of 1.0- gal/flush
models.
TAGM\SCWA\Sonoma Marin SWMAttachment B 022208.doc
C.