2006/09/12 City Council Resolution (9)RESOLUTION NO. 2006- 231
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE MEMORANDUM OF UNDERSTANDING REGARDING
WATER TRANSMISSION SYSTEM CAPACITY ALLOCATION DURING
TEMPORARY IMPAIRMENT BY AND BETWEEN THE SONOMA COUNTY
WATER AGENCY AND VARIOUS OTHER PARTIES
WHEREAS, the City of Rohnert Park is party to the Eleventh Amended
Agreement for Water Supply, and;
WHEREAS, the City of Rohnert Park has approved the Restructured Agreement
for Water Supply, and;
WHEREAS, Sonoma County Water Agency has determined that their water
delivery system is impaired during peak summer months, and;
WHEREAS, both the Eleventh Amended Agreement for Water Supply and the
Restructured Agreement for Water Supply provide that parties may agree to allocation of
water in lieu of provisions set forth in said agreements, and;
WHEREAS, the proposed Memorandum of Understanding Regarding Water
Transmission System Capacity Allocation During Temporary Impairment allocates water
in lieu of provisions in the aforementioned agreements.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert
Park that the Memorandum of Understanding Regarding Water Transmission System
Capacity Allocation During Temporary Impairment is hereby approved.
BE IT FURTHER RESOLVED, that Resolution 2005 -235 approving a previous
unexecuted version of the Memorandum of Understanding Regarding Transmission
System Capacity Allocation During Temporary Impairment is hereby rescinded.
DULY AND REGULARLY ADOPTED this 12th day of September 2006.
CITY OF RO
Mayor Tim Smith
ATTEST:
BREEZE: AYE FLORES: AYE MACKENZIE: AYE
VIDAK•MARTINEZ: EYE- SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
JONWRM 050106
Memorandum of Understanding Regarding
Water Transmission System Capacity Allocation
During Temporary Impairment
This Memorandum 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)
FORESTVILLE WATER DISTRICT (FWD)
NORTH MAR1N WATER DISTRICT (NMWD)
VALLEY OF THE MOON WATER DISTRICT (VOMWD)
TOWN OF WINDSOR (Windsor)
SECTION l - 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 Eleventh Amended
Agreement for Water Supply (Eleventh Amended Agreement) between and among the Agency
and eight public entities: Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma, FWD, NMWD,
VOMWD, dated October 25, 1974 and last amended January 26, 2001, by means of which water
is furnished to the parties thereto. The Agency furnishes water to Windsor pursuant to the
application for water service approved on April 1, 1987. Windsor is one of the Agency's "other
Agency customers" as that term is defined in the Eleventh Amended Agreement. The Agency
furnishes water to Marin Municipal Water District (MMWD) pursuant to the Third Amended
Offpeak 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.
(b) The Agency has proposed a Water Supply, Transmission, and Reliability Project
( WSTRP). As of the date of this agreement, the Agency is preparing an environmental impact
report for the project. The objective of the WSTRP is to provide a safe, economical, and reliable
water supply to meet the defined future needs of the Agency's service area. if the WSTRP is
approved by the Agency's Board of Directors and the new facilities described therein are fully
permitted, constructed, and operational, it is estimated that the WSTRP will increase the amount
of water that can be diverted by the Transmission System from the Russian River (a combination
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of re- diversion of stored water and direct diversion of available flows) to approximately 101,000
acre -feet per year, and increase the Transmission System's delivery capacity from 92 million
gallons per day (mgd) to approximately 149 mgd.
(c) All of the facilities authorized by the Eleventh Amended Agreement have not been
constructed. Limitations exist in the existing Transmission System. which may preclude reliable
delivery of some of the delivery entitlements enumerated in Sections 3.1 and 3.2 of the Eleventh
Amended Agreement.
(d) On January 4, 2005 the Board of Directors of the Agency adopted Resolution No. 05-
0007 declaring that the capacity of the water transmission system is temporarily impaired. One
of the projects authorized by the Eleventh Amended Agreement as well as prior agreements is
Collector No. 6 - a portion of the 20 mgd of collector capacity defined in Section 1.1(s) of said
agreement. As of the date of this MOU, installation of Collector No. 6 is nearly completed and it
is projected to be placed in service by the summer of year 2006. This project and its connecting
pipeline are designed to achieve a reliable monthly summertime production capacity of 92 mgd
from the Transmission System.
(e) The highest Peak Demand measured during an Agency billing month was 80 mgd in
August 2000. Although year -to -year increases in Peak Demand are highly variable due to
variations in summer weather, the average annual increase in Peak Demand historically has been
approximately 2 mgd. Due to the temporary impairment of the Transmission System capacity,
the water production capacity of the Transmission System may be exceeded during Summer
Months if Peak Demand continues to increase as it has historically.
(f) Section 3.5 of the Eleventh Amended Agreement provides how water will be apportioned
in the event of a temporary impairment of the capacity of the Transmission System.
(g) Since August of 2001, the parties to this MOU have been negotiating a new agreement,
termed the Restructured Agreement for Water Supply (Restructured Agreement) to replace the
Eleventh Amended Agreement.
(h) The parties recognize that in the near term during periods of high demand usually caused
by high temperatures, the deficiency in reliable Transmission System capacity may cause potable
water storage tank levels to become unacceptably low and unable to recover in response to each
day's demand. The parties further recognize that the best interim management option to counter
and reverse declining storage tank water levels is for the Agency's customers to: (1) use Standby
Local Supply Production Capacity and /or (2) reduce demand on the Transmission System by
shifting or temporarily delaying key large components of demand, such as large irrigation
accounts on automatic control systems.
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SECTION 2 - DEFINITIONS
The terms used in this MOU that are defined in Section l .l of the Eleventh Amended
Agreement shall have the meaning set forth in said Section LL In addition, the following terms
are defined for this MOU:
(a) "Standby Local Supply Production Capacity" means the potable water capacity from
surface supply lakes or wells that the parties to this agreement (other than the Agency) can
produce from their own facilities. Such production capacity may be: (1) sources of supply
permitted by the California Department of Health Services for regular and normal use but are
standing idle or are not being fully utilized at the time a hot spell event occurs or, (2) well water
sources which are permitted for use for short periods of time during emergencies.
(b) "Peak Demand" means the average day demand in mgd during the maximum use summer
months.
(c) "Special Operations Group" is the group described in Section 5 hereof.
(d) "Summer Months" means June, July, August and September. Measurements of use
during Summer Months are based on an Agency billing month, which may vary by several days
from the calendar period of an actual month.
(e) "Periods of Temporary Impairment," mean the Summer Months occurring during the
term of this MOU when the Transmission System is capable of reliably delivering an average of
no more than 92 mgd in a month, as solely determined by the Agency.
SECTION 3 - PURPOSE
The purpose of this MOU is to establish an equitable allocation of 92 mgd of water from
the Transmission System during Periods of Temporary Impairment and to implement a special
operational response in order to optimize allocation of the available supply, coordinate Standby
Local Supply Production Capacity, to avoid the necessity for the imposition of the water delivery
curtailments prescribed by Section 3.5 of the Eleventh Amended Agreement, or, if adopted,
Section 3.5 of the Restructured Agreement, to provide greater certainty for water contractors, and
to set forth the necessary cooperative actions and planning to mitigate or avoid the consequences
of Periods of Temporary Impairment. All other terms and conditions of the Eleventh Amended
Agreement or, if adopted, the Restructured Agreement, shall remain in full force and effect. In
the event the Restructured Agreement becomes approved during the term of this MOU, the
allocations set forth in Table I of this MOU shall continue to apply during the term of this MOU
and shall govern allocation of water during Periods of Temporary Impairment.
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SECTION 4 - TEMPORARY DELIVERY CAPACITY ALLOCATION
(a) The purpose of this MOU is set forth in Section 3. It is not the intent of this MOU to
diminish the delivery entitlements set forth in Sections 3.1, 3.2 and 3.3 of the Eleventh
Amended, or if adopted, Sections 3.1, 3.2 and 3.3 of the Restructured Agreement; nor shall
expansion of the average daily potable water capacity in mgd that the parties to this MOU, other
than the Agency, can reliably produce throughout the Summer Months from their own facilities,
or the implementation of any water conservation action, program or project or implementation or
expansion of any recycled water project that reduces potable water demand on the Transmission
System by any party to this MOU diminish said delivery entitlements.
(b) During the term of this MOU, whether or not the Restructured Agreement is fully
executed, each of the parties to this MOU agrees to use its best efforts to limit its demand on the
Transmission System during Periods of Temporary Impairment to the applicable rates set forth in
Table 1.
Table l
Peak Demand Allotments
for Summers of 2006 through 2008
_
Mgd
Cotati
1.9
Petaluma
17.1
Rohnert Park
5.4
Sonoma
3.8
Santa Rosa
39.1
Town of Windsor
1.5
Valley of the Moon WD
4.9
Forestville WD
0.9
Other Agency Customers (1)
1.7
North Marin Aqueduct (2)
15.7
Total
92.0
Notes:
(1) Forestville WD and Town of Windsor are shown separate from
Other Agency Customers.
(2) Apportionment of deliveries into the North Marin Aqueduct is
governed by the agreement: Intertie Agreement Between NMWD
and MMWD dated March 11, 1993.
(c) During Periods of Temporary Impairment, the liquidated damages provided for in Section
3.3(b) of the Eleventh Amended Agreement, or, if adopted, Section 3.13 of the Restructured
Agreement, shall apply. Liquidated damages will be assessed only if a party takes water from
the Transmission System in an amount in excess of its average during month delivery limits as
set forth in Sections 3.1, 3.2 and 3.3 of the Eleventh Amended Agreement or, if adopted, the
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Average Daily Rate of Flow During Any Month delivery limits as set forth in Sections 3.I , 3.2
and 3.3 of the Restructured Agreement. The parties further agree. however. that the provisions
of Sections 3.1(c) and (d) of the Eleventh Amended Agreement or, if adopted. Sections 3.1(c)
and (d) of the Restructured Agreement, shall not apply during the 12-month period following the
date this MOU is terminated.
(d) Table I may be amended by the affirmative vote of more than fifty percent (50 %) of the
total weighted voting power which must be cast by at least six of the parties to this MOU, or
their authorized representatives. For the purpose of this paragraph, all of -the parties to the
Eleventh Amended Agreement, except the Agency, shall have weighted voting power
proportional to their average during month water delivery entitlement expressed in mgd as set
forth in Section 3.1 of the Eleventh Amended Agreement. The Agency and Windsor shall have
weighted voting power proportional to 1.2 mgd and 1.5 mgd respectively. Should the parties
hereto that have Table 1 allocations less than the delivery entitlements provided in Sections 3.1,
3.2 and 3.3 of the Eleventh Amended Agreement or, if adopted, Sections 3.1. 3.2 and 3.3 of the
Restructured Agreement require more transmission system capacity, same shall be
accommodated to the extent that transmission system capacity supplied by the Agency is
available.
(e) Table I does not address limitations in aqueduct capacity. The maximum capacity
downstream of Ely Booster is limited and, consistent with the provisions of the Eleventh
Amended Agreement, flows are subject to detailed operating procedures set by Petaluma,
NMWD, MMWD and the Agency. It is the intent of these procedures to preserve the depth of
water storage in the Agency's Kastania Tank above 15 feet for the benefit of Petaluma.
Maximum capacity of the Annadel- Sonoma Aqueduct is limited and flows are subject to detailed
operating procedures set by Sonoma, VOMWD and the Agency. It is the intent of these
procedures to preserve storage in the Agency's Sonoma Tanks and to assure optimal flow and
pressure conditions in the Sonoma Aqueduct.
(f) The parties agree that consideration of construction of the following facilities are of the
highest priority; and, subject to environmental review, funding and all applicable laws and
regulations, including the applicable conditions of the Eleventh Amended Agreement or, if
adopted, the Restructured Agreement, the Agency agrees to use best efforts to cause these
planned facilities to be completed so that the following objectives can be met at the earliest
possible date:
1. To alleviate shortages in diversion capacity, construction of Collector 6.
2. To alleviate shortages south of Ely Booster Station on the Petaluma Aqueduct,
construction of the South Transmission System Project.
3. To alleviate shortages south of Eldridge Tanks on the Sonoma Aqueduct, construction
of the aqueduct segment between Eldridge Tanks and Madrone Road.
4. To alleviate shortages south of Oakmont, construction of a portion of the Annadel-
Sonoma pipeline from Pythian Road to Henno Road pipeline.
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5. To alleviate storage shortages, construction of Kawana Tank 11 facilities.
(g) The parties further agree that it is a high priority to achieve and maintain 20 mgd of
standby pump and collector capacity as authorized by the Eleventh Amended Agreement, and the
Agency agrees, subject to environmental review, funding and all applicable laws and regulations,
including the applicable conditions of the Eleventh Amended Agreement or, if adopted, the
Restructured Agreement, to use best efforts to achieve this objective by completing the necessary
facilities at the earliest possible date.
SECTION 5 -- SPECIAL OPERATIONAL RESPONSE
During the term of this MOU, the General Manager or City Manager of each party, or his
or her designee, shall designate a representative for a Special Operations Group, which shall
meet as frequently as necessary. The Special Operations Group shall be headed by a
representative of the Agency and shall be comprised of key operations personnel. The chief
mission of the Special Operations Group shall be (1) to optimize coordinated operation of the
Transmission System and Local Supply Production Capacity, and (2) to coordinate and
implement potential voluntary water demand reductions, for the purpose of meeting the
reasonable needs of the Regular Customers. The Special Operations Group shall:
1. Identify, quantify and categorize Local Supply Production Capacity facilities of each of
the parties.
2. Examine prior weather conditions and other appropriate records and data, and design
appropriate responses to various weather scenarios.
3. Identify significant water users whose demand could be temporarily reduced, establish
communications with account operations staff, and develop a cooperative voluntary
means of reducing demand. Initially this effort should target irrigation sites owned by the
parties or other government agencies.
4. Work cooperatively in the event that demands on the transmission system exceed
capacity to implement a suitable response based upon use of Local Supply Production
Capacity and reducing demands on the transmission system.
SECTION 6 — OTHER EFFORTS
(a) The parties agree to maintain active membership in the California Urban Water
Conservation Council and implement the urban water conservation Best Management Practices
as established and from time to time and amended by said Council.
(b) Each party hereto expresses its intent to actively pursue and implement water
conservation measures designed to reduce demand, on the Transmission System during the
Summer Months throughout the term of this MOU. Annually, on a date to be set by the
Chairperson of the Water Advisory Committee, the parties hereto shall be surveyed and report in
JONWRM 7 -13 -05 Page 6 of 11
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writing and describe specific measures implemented and progress achieved in reducing demand
on the Transmission System during the Summer Months.
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SECTION 7 - WAIVER OF RIGHTS
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 Eleventh Amended Agreement or, if executed, the Restructured Agreement,
except to the extent specifically superseded by this MOU.
SECTION 8 - AMENDMENT OF MOU
Except as expressly authorized in Sections 4(d) and 11, amendments, revisions or
modifications to this MOU shall be in writing and shall be executed by all parties to this MOU.
SECTION 9 - THIRD PARTY CLAIMS
It is not the intent of the parties to this MOU to create any third party beneficiaries. Any
failure to perform under the terms of this MOU shall not create any claim or right by any
individual or entity not a party to this MOU.
SECTION 10 - 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 MOU, pursuant to Civil Code § 1856.
SECTION 11 - TERM OF MOU
The Memorandum of Understanding Regarding Water Transmission System Capacity
Allocation During Periods of Temporary Impairment, dated March 1, 2001 shall terminate and
this MOU shall become effective upon the signature of the parties hereto and shall remain in
effect until September 30, 2008 unless terminated earlier by a vote of more than fifty percent
(50 %) of the total weighted voting power which must be cast by at least six of the parties to this
MOU. Voting power shall be the same as defined in Section 4(d) hereof. For the purposes of
this section, votes shall be cast by resolution adopted by the governing board of each voting
party and shall be delivered to each of the parties hereto. Not later than July 1, 2007, the parties
agree to meet, review and consider the reliable capacity of the Transmission System and Local
Supply Production Capacity and other pertinent factors, and determine whether or not and under
what terms this MOU should be extended. Extension of this MOU is not subject to weighted
voting and shall require the approval of all the parties hereto.
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SONOMA COUNTY WATER AGENCY
By: Date:
ATTEST:
Deputy County Clerk
CITY OF COTATI
By: Date:
Date:
Date:
Approved as to form:
, /11w, I
11y Attorney
Page 9 of 11
Mayor
ATTEST:
Citv Clerk
CITY OF PETALUMA
By:
Mayor
ATTEST:
City Clerk
CITY OF ROHNERT PARK
By: --
Mayor
ATTEST:
City Clerk
IONWRM 7 -13 -05
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Date:
Date:
Approved as to form:
, /11w, I
11y Attorney
Page 9 of 11
CITY OF SANTA ROSA
Bv:
Mayor
ATTEST:
City Clerk
CITY OF SONOMA
By:
Mayor
ATTEST:
City Clerk
Date:
Date:
FORESTVILLE COUNTY WATER DISTRICT
By: Date:
President
ATTEST:
Secretary
NORTH MARIN WATER DISTRICT
By: Date:
President
ATTEST:
Secretary
)ONWRM 7 -13 -05 Page 10 of 11
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VALLEY OF THE MOON WATER DISTRICT
By: Date:
President
AT ES1
Secretary
TOWN OF WINDSOR
By:
Mayor
ATTEST:
Town Clerk
Date:
Page I 1 of 11
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