City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01665 10/8/2024 Consent Item 2.
Memorandum of Agreement Amendment for RiverArc Project
File ID: 2024-01665
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to execute Amendment 1 to the Amended and Restated Memorandum of Agreement for the Planning and Early Design of the RiverArc Project (Amended MOA) to add the City of Roseville as a project partner.
Contact: Michelle Carrey, Supervising Engineer, [email protected], (916) 808-1438; Brett Ewart, Supervising Engineer, [email protected], (916) 808-1725; Sherill Huun, Division Manager, [email protected], (916) 808-1455; Pravani Vandeyar, Director, [email protected], (916) 808-3765; Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Amendment 1 to the Amended and Restated Memorandum of Agreement for the Planning and Early Design of the RiverArc Project
Description/Analysis
Issue Detail: Staff recommends Council approve Amendment 1 to the Amended MOA adding the City of Roseville as a RiverArc Project partner. The RiverArc Project (Project) provides a foundational, regional approach to water supply security for aquatic and terrestrial habitat, ecosystem improvement, and climate-change resiliency in the American River watershed. The Project seeks to strategically shift water supply diversions from the American River to the Sacramento River, using existing water supplies, to reduce reliance on the American River and increase instream flow opportunities in the Lower American River watershed.
Policy Considerations: The Amended MOA requires that amendments to add parties may only be made in writing upon approval by all of the Parties and their respective governing bodies.
Economic Impacts: None.
File ID: 2024-01665 10/8/2024 Consent Item 2.
Environmental Considerations: This report concerns administrative activities and governmental fiscal activities that do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(2) and (5) and, thus, are not a “project” subject to the provisions of CEQA [CEQA Guidelines Section 15060(c)(3)].
Sustainability: This project is consistent with the 2040 General Plan Policies: PFS-4.1 (Exercise and Protect Water Rights) which requires the City to exercise and protect its water rights and entitlements in perpetuity; PFS-4.2 (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; PFS-4.7 (Water Supply During Emergencies) which requires the City, to the extent feasible, to maintain adequate water supply during emergencies and; PFS-4.8 (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 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: Not applicable.
Local Business Enterprise (LBE): Not applicable.
Background: The City of Sacramento, Department of Utilities is a signatory to the Amended MOA for planning of the RiverArc Project, which authorizes a partnership of water purveyors to plan for shared use of the Natomas Central Mutual Water Company's diversion on the Sacramento River and to build pipelines and a water treatment plant for regional water supply. Until August 2024, there were three water purveyors in the partnership under the Amended MOA, which included the City of Sacramento (City), Placer County Water Agency (PCWA), and the Sacramento County Water Agency (SCWA). In August 2024, the City of Roseville’s city council voted to rejoin the RiverArc Partnership thus another amendment to the MOA is required.
The RiverArc Project Partners designated PCWA as the Administering Agency per the Amended MOA. PCWA is authorized to apply for, receive, and disburse funds for use in RiverArc Project planning or for other activities authorized by the Amended MOA. Additionally, the PCWA is authorized to enter into agreements with consultants and other agencies on behalf of the Partnership. PCWA is also responsible for administering changes to the Amended MOA as partners enter or leave the Partnership.
AMENDMENT 1 TO
AMENDED AND RESTATED MEMORANDUM OF AGREEMENT FOR
PLANNING AND EARLY DESIGN OF THE RIVERARC PROJECT
WHEREAS, Paragraph 7, subdivision (a) of the Amended And Restated Memorandum Of Agreement For Planning And Early Design Of The RiverArc Project (Agreement) provides that the Agreement may be amended in writing upon approval of all Parties and their respective governing bodies; and
WHEREAS, Paragraph 7 subdivision (b) of the Agreement provides that new parties can be added to the Agreement and such addition must be approved in writing by all Parties and memorialized through an amendment to this Agreement.
NOW, THEREFORE, the parties agree as follows:
1. The City of Roseville shall be added as a Party to the Agreement.
2. Paragraph 7, subdivision e, of the Agreement is hereby amended to include the City of Roseville to the list of Parties in that paragraph.
3. Paragraph 10, subdivision a., is amended as follows:
The first bullet point is amended to add the following sentence: Since the time of execution, Roseville commits a contribution to the local cost share match to WC-2376AH, as detailed in Revised Exhibit A.
The last bullet point is amended to add the City of Roseville to the list of parties.
4. Exhibit A to the Agreement is replaced with Revised Exhibit A, attached to this Amendment 1.
IN WITNESS THEREOF, the Parties have executed this Amendment 1 to the Agreement as of the dates written below.
[SIGNATURE PAGES TO FOLLOW]
REVISED EXHIBIT A
FISCAL CONTRIBUTIONS SUMMARY
RiverArc Project Party1
Fiscal Year
2016/17 to 2023/24
Contributions2,3
Additional WCB
Grant
Cost Share Match Subtotal4,5 Amendment 16,7 Revised Total
Placer County Water Agency (PCWA) $ 712,500.00 $ 200,000.00 $ 912,500.00 $ 100,000.00 $ 1,012,500.00 City of Sacramento (Sacramento) $ 712,500.00 $ 200,000.00 $ 912,500.00 $ 100,000.00 $ 1,012,500.00 Sacramento County Water Agency (SCWA) $ 712,500.00 - $ 712,500.00 $ 100,000.00 $ 812,500.00 California American Water (CalAm) $ 654,199.10 $ 75,000.00 $ 729,199.10 - $ 729,199.10 City of Roseville $ 88,223.00 - $ 88,223.00 $ 944,277.00 $ 1,032,500.00 Rio Linda/Elverta Community Water District $ 86,012.00 - $ 86,012.00 - $ 86,012.00
TOTAL CONTRIBUTIONS $ 2,965,934.10 $ 475,000.00 $ 3,440,934.10 $ 1,244,277.00 $4,685,211.10
Notes:
1. Reflects all current and previous Parties per 2016 Memorandum of Agreement (MOA) Amendments 1, 2, and 3.
2. Amounts shown are reflective of any surplus funds that were returned to the withdrawing Party at the time of withdrawal.
3. Amounts shown are reflective of Parties’ (PCWA, Sacramento, SCWA, and CalAm) equal share of partnership contributions totaling, $700,000, to the Wildlife Conservation Board’s (WCB) Streamflow Enhancement Grant Program local cost share requirement.
4. Amounts are not reflective of “Administrative Expenses” incurred by the Administering Agency under the terms of Section 3.b of this MOA, which includes but are not limited to, expenses incurred in utilizing staff time and resources of the Administering Agency.
5. Amounts are not reflective of any internal, in- house, or administrative costs or expenses incurred by any Party related to that Party's obligations under Section 7 and 8 of this MOA. Those costs or expenses are the sole responsibility of that Party.
6. Reflects Fiscal Year (FY) 2024/25 annual contribution of $100,000. RiverArc Project’s FY is from July 1 to June 30. Annual contributions are set according to Section 8 of this MOA.
7. Roseville’s re-entry balance consists of the following: 1) FY 2016/17 through FY 2023/24 annual contributions of $712,500 in arrears; 2) WCB Grant Cost Share Match of $200,000 in arrears; 3) FY 2016/17 through FY 2023/24 administrative fees of $20,000 comparable to previous non-administrative support from PCWA, Sacramento, and SCWA; 4) FY 2024/25 annual contribution of $100,000, future year contributions are subject to budgetary approval by Roseville’s governing body. The City of Roseville has $88,223 in available credit from prior FY 2016/17 to 2018/19 contributions to the RiverArc Project. The outstanding re-entry balance for Roseville participation is $944,277, after available credit has been applied. FY 2024/25 contributions will be invoiced by August 31, 2024, and payable within 30 days of approval of the Amendment 1 to Amended and Restated Memorandum of Agreement for Planning and Early Design of the RiverArc Project by Roseville’s governing body. The remaining balance of $844,277 is due by July 2025 or the final RiverArc EIR completion date, whichever is later.
Placer County Water Agency
_________________________________ ______________________________ Robert Dugan, Chair of the Board Date Placer County Water Agency
ATTEST:
_________________________________
Lori Young
Clerk to the Board
City of Sacramento
By: _________________________________ ______________________________ Title Date
Approved as to Form:
_________________________________
Title
ATTEST:
_________________________________
Title
Sacramento County Water Agency
_________________________________ ______________________________ Name, Title Date Sacramento County Water Agency
ATTEST:
_________________________________
Name
Title