HomeMy WebLinkAbout2000-11-14; Municipal Water District; 493; MOU w/ Water Authority for the ESPAB# 493
MTG. 1 l/14/00
DEPT. CMWD
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CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA
TITLE:
AUTHORIZATION TO SIGN A MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE SAN DIEGO
COUNTY WATER AUTHORITY FOR THE
EMERGENCY STORAGE PROJECT (ESP) CITY .,I?.$-@
RECOMMENDED ACTION:
Approve Resolution m authorizing the Executive Director, or his designee, to sign the Memorandum of
Understanding (MOU) with the San Diego County Water Authority for the Emergency Storage Project (ESP).
ITEM EXPLANATION:
At the March 9, 2000 Special meeting of the San Diego County Water Authority Board of Directors, the Board
directed Authority staff to proceed with the ESP as stated in current agreements with Olivenhain MWD and the City
of San Diego, and based on the economic assumptions and cost allocation of the Authority’s current rate structure.
At the April Board meeting, Authority staff presented a modified payment formula based on the existing rate
structure. Under this formula each member agency would continue to pay their non-commodity charges (stand-by
charge, capacity charge, property tax and IAC) on the existing basis and a percentage of those revenues would be
specifically dedicated to the ESP. The remaining ESP revenue requirement would be met by member agencies
through a fixed charge based on a 5 year historic rolling average of their annual imported water demands or
throughput in the Authority’s system.
This MOU serves as a prelude to contracts with those member agencies of the Water Authority that want contractual
arrangements. Until a long-term agreement is reached between the Authority and CMWD, the parties agree to
abide to the terms of this MOU. To date, all member agencies, with the exception of the Ramona Municipal Water
District, will be contracting with the Water Authority for the ESP. The Ramona MWD has requested to opt out of
the ESP and the Water Authority is currently considering that request.
ENVIRONMENTAL IMPACT:
The approval of this MOU does not qualify as a project pursuant to Section 15378 of CEQA.
FISCAL IMPACT:
As a result of this MOU, CMWD will be developing a long-term contract with the Water Authority to apportion its
share of the costs of the Emergency Storage Project. Based on the payment formula presented in the attached
MOU, there will be a continuation of the non-commodity charges for which the CMWD is presently responsible.
The Water Authority will institute a separate ESP charge, payable as a user charge or service charge to CMWD.
This ESP charge will be apportioned to CMWD according to imported water received from the Water Authority
based on a 5-year rolling average. As a result, CMWD will be responsible for this additional charge and the
CMWD Board may consider passing through this charge as part of its future commodity charges.
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Page 2 of Agenda Bill No. 233
Based on preliminary information from the Water Authority, the estimated cost of the Emergency Storage Project is
$550 million. Carlsbad’s yearly share of this cost could range from $15 1,000 in 2000 to a maximum of $88 1,000
in 20 12. This cost could be paid through the charge for water, the commodity charge. Based on assumptions of
future water demands, Carlsbad’s commodity charge could increase by $0.10 to $0.15 per unit over a 20-year
period, for its share of the ESP. This commodity rate portion of the increase would equate to approximately $2.40
for a residential customer using the average monthly water usage of 16 units.
These additional charges and alternate methods of financing these charges will be determined when the contract
with the Water Authority is developed.
EXHIBITS:
1. Memorandum of Understanding between the San Diego County Water Authority and the Carlsbad
Municipal Water District Regarding the Emergency Storage Project.
2. Board of Directors of the Carlsbad Municipal Water District: Resolution No. fM7
R:\CMWDUkafl of AE3 for MOU on Emergency Storage (ESP).doc
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RESOLUTION NO. 1107
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) AUTHORIZING
THE EXECUTIVE DIRECTOR TO SIGN A MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN DIEGO COUNTY WATER
AUTHORITY AND CMWD
WHEREAS, at its March 9, 2000 Board meeting the San Diego County Water Authority
directed Authority staff to proceed with the Emergency Storage Project (ESP) as stated in current
agreements with the Olivenhain Municipal Water District and the City of San Diego, and based on
economic assumptions and cost allocations of the Water Authority’s current rate structure; and
WHEREAS, at the April 27, 2000 San Diego County Water Authority Board meeting,
Authority staff presented a modified payment formula for the ESP based on the existing rate
structure; and
WHEREAS, under this formula each member agency would continue to pay their non-
commodity charges on the existing basis and a percentage of those revenues would be
specifically dedicated to the ESP; and
WHEREAS, the remaining ESP revenue would be met by member agencies through a
fixed charge based on a 5 year historic rolling average of the annual imported water demands;
and
WHEREAS, the Board of Directors of the CMWD has reviewed the MOU and concur with
its terms;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
Municipal Water District, as follows:
1. That the above recitations are true and correct.
2. That the Carlsbad Municipal Water District will endeavor to reach a contractual long-
term agreement with the Water Authority to pay for its share of the ESP; and
3. That the Executive Director, or his designee, is authorized to sign this Memorandum of
Understanding with the San Diego County Water Authority for the Emergency Storage
Project.
1 PASSED, APPROVED AND ADOPTED at a special meeting of the Board of Directors of
2 the Carlsbad Municipal Water District held on the 14th day of November ,200O by
3 the following vote, to wit:
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AYES: Board Members Lewis, Hall, Finnila and Nygaard
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NOES: None
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MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN
DIEGO COUNTY WATER AUTHORITY AND THE CARLSBAD
MUNICIPAL WATER DISTRICT REGARDING THE
EMERGENCY STORAGE PROJECT
The San Diego County Water Authority (“SDCWA”) and the Carlsbad Municipal
Water District (“Carlsbad MWD”) have executed this memorandum of understanding
(“MOU”) with respect to the SDCWA’s Emergency Storage Project (“ESP”).
INTRODUCTION
1. The ESP consists of development of new and enhancement of existing pumps,
pipelines, dams, reservoirs and other facilities and improvements that, upon
completion, will result in approximately 90,100 acre-feet of additional water
storage capacity under the ownership and control of the SDCWA for use when the
SDCWA’s imported water supplies are interrupted or reduced due to a shortage of
supplies from its regular sources or a failure of an imported water facility
(Emergency). In addition to providing emergency water storage capacity, the ESP
will enhance the SDCWA’s operational flexibility and water delivery capabilities
for the benefit of its member agencies.
2. In furtherance of the ESP, SDCWA has entered into a contract with the Olivenhain
Municipal Water District, including that certain “Agreement between the San
Diego County Water Authority and the Olivenhain Municipal Water District for
the Emergency Storage Project (Joint Use of Olivenhain Reservoir Site)”
[Olivenhain Agreement].
3. In furtherance of the ESP, SDCWA has entered into contracts with the City of San
Diego, including that certain “Agreement between the San Diego County Water
Authority and the City of San Diego for the Emergency Storage Project
(Expansion of San Vicente Reservoir)” and that certain “Agreement between the
San Diego County Water Authority and the City of San Diego for the Emergency
Storage Project (Joint Use of Lake Hodges Dam and Reservoir).” [San Diego
Agreements] which allow the SDCWA, in exchange for the benefits and
consideration specified in the San Diego Agreements, to utilize the facilities and
infrastructure of the City of San Diego in furtherance of the regional goal of
maintaining adequate emergency storage for the entire San Diego region.
4. During the planning and approval process for ESP, SDCWA made certain
assumptions regarding the amount of water in local water supplies and storage
owned and controlled by the various SDCWA member agencies. However, these
assumptions were made for planning purposes only and SDCWA has not relied
and is not relying on any specific amount of water that is or may be available to
Carlsbad MWD on account of its local supplies or storage.
5. In furtherance of the ESP, SDCWA has entered into, or anticipates entering into,
numerous other contracts necessary for the implementation of the ESP as
described in the Final Environmental Impact Statement / Environmental Impact
Report as certified by the SDCWA Board of Directors.
6. The timely and successful completion of the ESP is critical to the ability of the
SDCWA to meet the emergency water storage needs within its jurisdiction and to
prevent economic disruption and personal suffering caused by limited water
supplies. The businesses and people of San Diego County have endured extensive
shortages of water in recent years. It is imperative that the ESP be completed in a
timely fashion, making effective use of the limited financial resources of the
public in general and the SDCWA in particular, in order to reduce hardship and
meet water needs in a water shortage emergency.
7. SDCWA and Carlsbad MWD desire to provide mutual commitments and
assurances to the financing, construction, maintenance and operation of the ESP
for the public health, safety and welfare. Carlsbad MWD has requested the
establishment of its commitments and assurances through a long-term contract.
STATEMENTS OF UNDERSTANDING
1. SDCWA will construct the ESP in phases as a multi-year project with each phase
of construction to be awarded and completed according to the terms of the
Olivenhain and San Diego Agreements.
2. A long-term agreement, based upon this Memorandum of Understanding, will be
developed between SDCWA and Carlsbad MWD. Until that long-term agreement
is made, SDCWA and Carlsbad MWD, as a matter of legislative commitment but
not contract, agree to abide by the terms of this Memorandum of Understanding.
3. Only after a member agency complies with SDCWA Resolution No. 2000-7 will
the SDCWA permit the member agency not to participate in ESP or its funding.
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4. SDCWA water stored pursuant to the ESP will be available for delivery to
SDCWA member agencies whenever the SDCWA’s imported water supplies are
interrupted or reduced such that the SDCWA is unable to obtain imported water to
supplement local supplies so that its member agencies can meet 75 percent of their
demands. The ESP facilities will also be available for use in non-emergency
situations to enhance the operational flexibility and water delivery capabilities of
the SDCWA for the benefit of its member agencies and to maintain the water
quality of SDCWA’s stored water. Except as necessary for water quality and
operational exchanges as set forth in the Reservoir Regulating Plans to be
developed pursuant to the Olivenhain and San Diego Agreements, SDCWA water
stored for emergencies in ESP facilities will not be used by SDCWA for delivery
to its member agencies whenever the SDCWA is able to obtain imported water
from the Metropolitan Water District of Southern California (MWD), or other
sources, in amounts sufficient to supply its member agencies with water.
5. The SDCWA will establish revenues for the ESP as follows:
a. The basic formula for ESP revenues is: Total Annual Revenue Requirement for
ESP (debt service and operation and maintenance costs) minus ESP Pro Rata
Share of Taxes and Charges (property tax or tax in lieu payments plus standby
charge plus capacity charge plus infrastructure access charge multiplied by ESP
percentage of total capital cost) equals Amount of Revenue to be Generated by
ESP Charge Payable as a User or Service Charge for Water.
b. Beginning on January 1 of each calendar year, the ESP Charge will be
apportioned to Carlsbad MWD according to the ratio obtained by dividing the
amount of imported water received (Imported Water Supply) by Carlsbad
MWD over the five previous fiscal years (July 1 through June 30) by the
amount of imported water received by all member agencies over the five
previous fiscal years. The Imported Water supply shall be the sum of the
imported water Carlsbad MWD receives from facilities owned by the SDCWA
or MWD. The amount of Imported Water Supply will be calculated based
upon a 5-year rolling average beginning with the five most recent fiscal years
of the SDCWA, updated annually (e.g., the calendar year 2001 ESP Charge
would be based on the historic average of Imported Water Supply for the1996
through 2000 fiscal years). Agricultural customers have agreed during
emergencies to a reduction in deliveries at twice the rate of system-wide
reductions (Agricultural Water). The additional water made available through
these reductions (Additional Agricultural Cutback Water) will be made
available to commercial and industrial customers. Neither local water
transported through local facilities nor Agricultural Water, would be included
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in the determination of the historic average of Imported Water Supply received
by Carlsbad MWD.
c. The ESP Charge will be applied to all SDCWA member agencies except
member agencies, if any, that are not participating in ESP pursuant to SDCWA
Resolution No. 2000-7.
6. SDCWA and Carlsbad MWD will fix Carlsbad MWD’s payment obligation in a
long-term contract according to the formula set forth in paragraph 5.
7. The SDCWA will administer ESP water as follows:
a. When the water supply available to the region, including imported water and
local supplies (Regional Water Supply), drops below 100 percent of demand
due to an Emergency, the SDCWA will estimate the duration of the
Emergency and the amount of imported water supplies that remain available.
Then the SDCWA will determine the level of service that each member agency
could expect without the delivery of water from the ESP during the estimated
duration of the Emergency. Such determination will be based upon:
i. The estimated demands of each member agency for the duration of the
emergency, and
ii. The estimated amount of water available from Local Supplies for the
duration of the emergency, up to an amount of water no greater than four
average months of demand.
b. Should there be insufficient Regional Water Supplies to meet a minimum of 75
percent of system-wide demand, water from the ESP will be used to
supplement Regional Water Supplies to maintain a 75 percent, or if
sustainable, a higher, system-wide level of service.
c. When water is allocated during emergencies, the Additional Agricultural
Cutback Water will be allocated to commercial and industrial customers to
raise their level of service above the system wide level to the extent possible.
d. Should there be insufficient supplies available to the region, including ESP
supplies (Total Regional Water Supplies), to meet a minimum of 75 percent of
system-wide demand, the SDCWA will allocate Total Regional Water Supplies
to the extent possible such that supplies to customers receiving Agricultural
Water will be reduced at twice the rate of system-wide reductions, and that all
remaining demands will be supplied in amounts sufficient to provide an equal
level of service.
e. In determining the amount available to each member agency from its Local
Supplies, the SDCWA will consider all sources of water owned, available, or
under the operational control of the member agency that the SDCWA estimates
would meet a demand for water in the member agency’s service area during
the estimated duration of the Emergency, up to a limit of four average months
of demand. These sources include water stored in surface water reservoirs or
groundwater basins, water recycling projects, brackish groundwater
desalination, seawater desalination, or any other locally controlled and
available supply that can help meet that agency’s demand for water during the
estimated duration of the emergency. In determining Local Supplies available
to a member agency, the SDCWA will also take into consideration the physical
capacity of an agency’s water distribution system and its actual ability to
deliver water for end uses.
8. The SDCWA does not expect any member agency to maintain any specific
amount of water in storage for emergencies.
9. Recycled water supplies will be deducted from an agency’s total water demands
prior to determining its 75 percent level of service. This is because during an
emergency it is expected that recycled water customers will continue to receive a
100 percent level of service unless physically interrupted due to the emergency
and, recycled supplies are distributed through an independent system pursuant to
health and safety regulations that restrict reclaimed water use.
10. The description in this MOU of the typical process to be used by SDCWA for the
allocation of ESP water is not intended to give SDCWA any control over Carlsbad
MWD’s local supplies. Such control, if any, must be based upon a separate
agreement between SDCWA and Carlsbad MWD or other delegation in the event
of a duly declared emergency. Unless otherwise authorized by law in an
emergency or by contract with Carlsbad MWD, SDCWA will request the
cooperation of Carlsbad MWD to utilize Carlsbad MWD’s local supply to meet the
needs of one or more of the SDCWA’s other member agencies. Such cooperation
by Carlsbad MWD shall be at Carlsbad MWD’s sole discretion.
11. With respect to the implementation of the Olivenhain and San Diego Agreements,
SDCWA will coordinate with Olivenhain and San Diego, respectively, to jointly
eliminate impacts on their respective facilities, consistent with the terms of the
Olivenhain and San Diego Agreements.
12. The SDCWA will develop a Water Shortage Management Plan for Authority
water, including ESP water, which is consistent with the terms of this MOU, the
Olivenhain Agreement, and the San Diego Agreements.
SAN DIEGO COUNTY
WATER AUTHORITY
Maureen A. Stabletbn
General Manager
San Diego County Water Authority
CARLSBAD MUNICIPAL WATER
DISTRICT
General Manager u
General Counsel
Carlsbad MWD