City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01511 9/10/2024 Consent Item 3.
Authority to Make Payments to Various Joint Powers Authorities and Cost Sharing Agreements
File ID: 2024-01511
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to approve annual payments to:
1) Regional Water Authority (RWA) per the Amended and Restated Joint Exercise of Powers Agreement (2019-0786) in the amount of $99,060 for Fiscal Year (FY) 2024/25; 2) RWA per the Regional Water Efficiency Program (2007-0122) in the amount of $43,000 for FY2024/25;
3) Sacramento Groundwater Authority per the Joint Powers Agreement (JPA) (2000-0074A) creating the Sacramento-Groundwater Authority in the amount of $234,903 for FY 2024/25;
4) Northern California Water Association (NCWA) for services performed under the Joint Defense and Expert Cost Sharing Agreement (CSA) (2013-0773) in the amount of $25,000 for FY 2024/25;
5) Sites Project Authority Joint Exercise of Powers Agreement (2018-0738) in the amount of $40,000 for FY2024/25;
6) American River Joint Defense and Expert CSA (2016-1224) for services performed in the amount of $42,000 for FY2024/25;
7) RiverArc Project Administrative Fees (C2016-0506) for services performed in the amount of $100,000 for FY2024/25;
8) Common Interest Management Services Cost-Share for Bay-Delta Water Control Plan Amendments (C2021-0376) for services performed in the amount of $76,000 for FY2024/25;
9) Biological Opinion Services and Support (BOSS) (PRC002193) performed in the amount of $12,000 for FY2024/25; and
10) Authorize the annual payments for each of the agreements listed through FY2024/25.
Contact: Deanne Neighbours, Logistics Manager, [email protected], (916) 808- 3536; Anne Sanger, Government Affairs Manager; [email protected], (916) 808-1635; Pravani Vandeyar, Director, [email protected], (916) 808-3765; Department of Utilities
File ID: 2024-01511 9/10/2024 Consent Item 3.
Presenter: None
Attachments:
1-Description/Analysis
2-2019-0786 Amended and Restated Joint Exercise of Powers Agreement - RWA 3-2007-0122 Regional Water Efficiency Program - RWA
4-2000-0074A Sacramento Groundwater Authority JPA
5-2013-0773 Joint Defense and Expert CSA - Northern California Water Association (NCWA) 6-2018-0738 Sites Project Authority Joint Exercise of Powers Agreement 7-2016-1224 American River Joint Defense and Expert CSA 8-2016-0506 RiverArc Project Administrative Fees
9-2021-0376 Common Interest Management Services, Bay-Delta Water Control Plan Amendments Cost Share
10-PRC002193 Biological Opinion Services and Support
Description/Analysis
Issue Detail: The Department of Utilities (DOU) is a partnering member of a number of Joint Power Authorities and regional programs focused on regional water management. Annual dues and fees are required to maintain the City of Sacramento’s (City) participation in these programs. The specific Agreement payments are listed here and described more thoroughly in the Background section of this report below.
· Amended and Restated Joint Exercise of Powers Agreement (RWA) (2019-0786) · Regional Water Efficiency Program (RWA) (2007-0122)
· Sacramento Groundwater Authority JPA (2000-0074A)
· Joint Defense and Expert CSA NCWA (2013-0773)
· Sites Project Authority Joint Exercise of Powers Agreement (2018-0738) · American River Joint Defense and Expert CSA (2016-1224) · River Arc Administrative Fees (C2016-0506)
· Common Interest Management Services (CIMS), Bay-Delta Water Control Plan Amendments Cost Share (C2021-0376)
· Biological Opinion Services and Support (BOSS) (PRC002193) Policy Considerations: The City Manager possesses separate authority from the City Council to enter into and make payments for the agreements listed in this report. This report is provided to keep the Council apprised of the agreements and obtain supplemental authority when and if necessary.
Economic Impacts: None.
File ID: 2024-01511 9/10/2024 Consent Item 3.
Environmental Considerations: The annual dues and fees for various Joint Power Authorities and regional partnering programs has been determined to not be considered a “project” under the California Environmental Quality Act (CEQA) Guidelines. The action is a continuing administrative activity and an organizational or administrative activity that will not result in direct or indirect physical changes in the environment [CEQA Guidelines section 15378 (b) (2 and 5)] and is not subject to CEQA [CEQA Guidelines Section 15060(c)(3)].
Sustainability: The approval of these dues is consistent with the 2035 General Plan Policies: U
2.1.1 (Exercise and Protect Water Rights) which requires the City to exercise and protect its water rights and entitlements in perpetuity; U 2.1.2 (Increase water supply sustainability), which requires the City to maintain a surface water/groundwater conjunctive use program, which uses more surface water when it is available and more groundwater when surface water is limited; U 2.1.7 (Water Supply During Emergencies) which requires the City, to the extent feasible, to maintain adequate water supply during emergencies and; U 2.1.9 (New Development) which requires the City to ensure that water supply capacity is in place prior to granting building permits for new development.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: In partnering with other agencies, the City is pooling its staff and financial resources regionally to engage in legislative or regulatory matters that will improve its water supply reliability, maintain its water entitlements, and improve efficiency by reducing costs. Additional rationale is provided in the background section.
Financial Considerations: Sufficient funding exists in the approved DOU FY2024/25 applicable Operating Budgets and the RiverArc Project (I14510200, Fund 6005). Future payments under the various agreements will be subject to available funding in the applicable budget and fiscal year.
There are no General Funds allocated or planned for this project.
Local Business Enterprise (LBE): Not Applicable.
Background: Staff requests authorization for the following payment obligations:
RWA Membership Dues - The City joined the RWA Amended and Restated Joint Exercise of Powers Agreement 2019-0786 to serve and represent the regional water supply interests and assist the members of the RWA in protecting and enhancing the reliability, availability, affordability, and quality of water resources. The agreement was restated in 2013.
RWA Water Efficiency Program - The City entered into City contract 2007-0122 in 2007 to provide school education, public outreach and other water conservation Best Management Practices utilizing widespread messaging.
File ID: 2024-01511 9/10/2024 Consent Item 3.
Sacramento Groundwater Authority Membership Dues - The Sacramento Groundwater Authority was established in 1998 to manage the groundwater basin north of the American River.
NCWA Joint Defense and Expert CSA - The Parties are cooperating on efforts to analyze, review, comment on and participate in various quasi- judicial, quasi-legislative, administrative and other regulatory proceedings related to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ("Bay-Delta"), which are likely to result in regulatory action affecting litigation by, or against, the Parties.
Sites Project Authority Joint Exercise of Powers Agreement - The Sites Reservoir is an off-stream reservoir that will have the capacity to store up to 1.8 million acre-feet. City agreement 2018-0738 was established to allow the City to participate in part of the governing authority to implement the project. The purpose of the Authority is to establish an independent special agency to serve as a proponent and facilitator; to design the facility and potentially acquire property; and to construct, manage, govern, and operate Sites Reservoir and related facilities. The City and Sacramento County Water Agency (SCWA) have entered into an agreement that allows for participation in the Authority on a rotational basis, with the City and SCWA participating for one-year terms while the agreement is in effect.
American River Joint Defense and Expert CSA - The parties are cooperating on efforts to protect their water rights and water supplies, and to analyze, review, and comment on various proposals that could affect or impair those water rights and supplies. Those proposals include, but are not limited to, the State Water Resources Control Board (SWRCB) development of amendments to the Bay-Delta Water Quality Control Plan (WQCP) and implementation of any such amendments; the Central Valley Project (CVP) Municipal and Industrial Shortage Policy; the development and implementation of biological opinions for Reclamation’s operations of the CVP; the Department of Water Resources’ operation of the State Water Project; and the Water Forum’s Lower American River flow management standard. One or more of these
proposals may result in adversarial quasi-legislative or quasi-judicial administrative proceedings, litigation in state or federal courts or both.
RiverArc Administrative Fees - The City of Sacramento is a partner in the RiverArc project which will reduce the water diversions off the American River. The project will help protect the American River ecosystem and improve water supply reliability for the City of Sacramento as well as the region.
Common Interest Management Services (CIMS), Bay-Delta Water Control Plan Amendments Cost Share - The California State Water Resources Control Board is in the process of updating the Sacramento San Joaquin Bay Delta Water Quality Control Plan. The City of Sacramento is a partner in a joint effort (CIMS) to create an alternative voluntary agreement which will provide habitat, funding and flows to the rivers that are part of the plan update area.
File ID: 2024-01511 9/10/2024 Consent Item 3.
Biological Opinion Services and Support (BOSS) - The City of Sacramento is a partner in a joint effort (BOSS) to participate in the current development of the Biological Opinion for the Reinitiation of Consultation for the Long-Term Operation of the State Water Project and Central Valley Water Project. The last Biological Opinion for the Long-Term Operation was issued in 2020.
C2019-0786