ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member _________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE TIER 2
DROUGHT RESPONSE IMPLEMENTATION PLAN PURSUANT TO SECTION
3.11.C OF THE AMENDED AND RESTATED WATER SUPPLY AGREEMENT
WHEREAS, the City of Hayward (Hayward) is one of twenty-six (26) agencies in San Mateo, Santa Clara and Alameda Counties (Wholesale Customers) which purchase water from the City and County of San Francisco (San Francisco) pursuant to a Water Supply Agreement entered into in 2009, and amended in 2018, 2021 and 2025 (WSA). Collectively these 26 agencies are referred to in the WSA as Wholesale Customers; and
WHEREAS, Section 3.11 of the WSA addresses situations when the San Francisco Regional Water System (RWS) has insufficient water to meet the full demands of all users.
Section 3.11.C provides that during periods of water shortage caused by drought, the San Francisco Public Utilities Commission (SFPUC) will allocate available water between its retail customers and the Wholesale Cust omers collectively, in accordance with a schedule contained in the Water Shortage Allocation Plan set forth in Attachment H to the WSA (Tier 1 Plan); and
WHEREAS, Section 3.11.C authorizes the Wholesale Customers to adopt a Drought Allocation Plan, includ ing a methodology for allocating the available water among the individual Wholesale Customers (Tier 2 Plan) , which was originally adopted by the Wholesale Customers’ governing bodies in 2011. The WSA also commits the SFPUC to honor allocations of water un animously agreed to by all Wholesale Customers or, if unanimous agreement cannot be achieved, water allocations that have been adopted by the Board of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA). The WSA also provides that the SFPUC can allocate water supplies as necessary during a water shortage emergency if no agreed upon plan for water allocation has been adopted by the 26 Wholesale Customers or the BAWSCA Board of Directors; and
WHEREAS, Commencing in January 2022, representatives of each of the Wholesale Customers began me eting and developed a set of principles to serve as guidelines for an equitable allocation methodology, and to develop formulas and procedures, in order to implement those principles; and
ATTACHMENT III
WHEREAS, The Tier 2 Plan, has been endorsed by all of the Wholesale Customer representatives who participated in the formulation process and they have each recommended that it be formally adopted by the governing body of their respective agencies; and
WHEREAS, BAWSCA has advised Hayward that the other twenty-five Wholesale Customers have already adopted resolutions approving the updated Tier 2 Plan and Hayward is the only remaining agency; and
WHEREAS, The Tier 2 Plan allocates the collective Wholesale Customer share of RWS supply made available by the SFPUC among each of the 26 Wholesale Customers through December 31, 2034 and is coordinated with the term of the WSA, and extension and renewal terms.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the updated Tier 2 Drought Response Implementation Plan.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to sign the approved updated Tier 2 Drought Implementation Plan among the Wholesale Customers in the form approved by the Wholesale Customers.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward