HomeMy WebLinkAboutMINUTES - 03232004 - C.17 jz
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�TO: BOARD OF SUPERVISORS e17
FROM: TRANSPORTATION, WATER AND INFRASTRUCTURE COMMITTEE
DATE: MARCH 23, 2004
SUBJECT: APPROVE LETTER OF MUTUAL UNDERSTANDING FOR THE INTEGRATED REGIONAL
WATER MANAGEMENT FLAN PROPOSED BY THE ABAG CALFED TASK.FORCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AN17 JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Nater Conservation District(District),or
designee, to execute the attached Letter of Mutual Understanding for the ABAG-CALKED Task Force's
Integrated.Regional Water Management Plan and to participate in the ABAG-CALFED Task Force effort with the
following restrictions:
* The District staff will participate in proportion to their interest and benefit in the effort and participate at a
level similar to other participants, but will not provide staff support for a whole committee or
subcommittee.
+ The District will make no financial commitment other than staff support outlined above.
II. Fiscal Impact:
None to General Fund. Some Flood Control District staff time will be required but the District will benefit from
the participation as outlined in the following report.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON MARCH 23, 2004 APPROVED AS RECOMMENDED _gXOTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT NOME )
AYES: _NOES: I hereby certify that this is a true and correct copy
ABSENT: — ABSTAIN: of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
RMA:izg
0:1GrpData\Admin\Mitch\bo\3004\BO 1R WMP.doc -
orig.DN: Public Works(Admin Svcs) MARCH
h'? 2004
Contact: Mitch Avalon(313-2203) ATTESTED. ��..rrCCll L.J
e: 1.Sweeten,CowutyAdministrator John Sweeten, Clerk of the Board of Supervisors
M.Shin,Public Works Director [� ry y+�
G.Connauinton,Flood Control and County Administrator
County Counsel
R.G4uian,CDD
S.Goetz,CDD
By + , Deputy
SUBJECT: APPROVE LETTER OF MUTUAL UNDERSTANDING FOR THE INTEGRATED REGIONAL
WATER.MANAGEMENT PLAN PROPOSED BY THE ABAG CALFED TASK FORCE
:DATE: MARCH 23, 2004
PAGE: 2
III. Backuound/Reasons for Recommendation:
The Association of Bay Area Governments'ABAG-CALVED Task Force engages Bay Area water agencies,local
government representatives, environmental groups, and the general public to address how conservation and
management of the Bay-Delta will help sustain the Bay Area's growing population and demands on the water
system.This is no small task,since the Bay-Delta encompasses over 100 water districts from Santa Clara County
to Yolo County, contains approximately 1,600 square miles of water, and is home to 130 fish species and one
million shorebirds. When the ABAG Executive Board voted to establish the ABAG-CALFED Task Force in
November 2000,the board wanted to ensure that local governments have a voice in the state and federal CALFED
Bay-Delta Program and contribute a valuable regional perspective. To meet the objectives of the ABAG-
CALFED
BAGCALFED Task Force,three Task Force Subcommittees were formed to focus on specific challenges.
Of these three Subcommittees,the Water Management Sub-Committee promotes research,education,planning,
and information exchanges among water agencies,local governments,planning professionals,and the public to
enhance regional water management.
Since mid 2003, members of the ABAG-CALFED Nater Management Sub-Committee have been working
cooperatively to address the need for an Integrated Regional Water Management Plan(IRWMP).As a result of
several meetings,the interested parties have drafted the attached Letter of Mutual Understanding(LOMU).The
LOMU lays out definitions,goals,and member interactions for the development of the IRWMP.The letter is non-
binding,and non-exclusive. The LOMU is meant to be a"handshake" agreement between the members and a
show of solidarity to CALFED of the agencies and districts in the Bay Area.
The LOMU has been purposely written to be non-binding and allows practically any entity(public,non-profit,
etc)to sign it and collaborate in the development of the IRWMP. One key goal of this varied agency and district
collaboration is to position the Bay Area to receive CALFED funding for projects. The third goal listed in the
LOMU states"to improve regional competitiveness for state and federal grant funding." The perception is that
Southern California entities are well organized and that a failure to collaborate in the Bay Area will mean missed
opportunities to share in State funding programs administered through CALFED.
The envisioned IRWMP is not meant to establish regional project priorities,not meant to place any one agency or
district over any other(including ABAG or its sub-committees),and not meant to obligate or restrict any entity in
any way.
The main organizations behind the development of the LOMU and the pursuit of the IRWMP are the Bay Area
Water Agencies Coalition (BAWAC) and Bay Area Storm-Water Management Agencies Association
(BASMAA). These groups are very organized and have a long history of working together on several levels.
BAWAC'representatives proposed the development of the LOMU and the approach to developing the IRWMP.
Other participating agencies made comments on the LOMU as it evolved to its current form.
The general approach to developing the IRWMP is to break water uses into distinct service functions as shown in
the organization chart at the back of the attached LOMU. (The positions of the Technical Coordinating
Committees on the chart are not meant to imply authority or oversight.) The intended process is to have the
Technical Coordinating Committees gather and compare their short and long-term plans and goals and see how
they currently fit together and/or overlap. Once there is some global understanding, agencies in each service
function could identify and propose how they can integrate their plans.
SUBJECT: APPROVE LETTER OF MU'T'UAL UNDERSTANDING FOR THE INTEGRATED REGIONAL
WATER MANAGEMENT PLAN PROPOSED BY THE ABAG CALFED TASK FORCE
DATE: MARCH 23, 2004
PAGE: 3
After the review of plans within service functions is completed,the representatives from service functions will
look at other service function plans to see how inter-service function integration might be possible.At that stage
the ,goal would be to identify where existing linkages occur among plans of different service functions to see
where respective plans may be further integrated.A good example is to study how plans for wastewater treatment
and water recycling or habitat restoration could work together.
The most controversial issue encountered in the discussion regarding the IRWMP is land-use. ABAG has an
interest in working out land-use projection issues from an economic viability position.ABAG staff has stated that
it is unlikely that the economy could sustain the level of commercial development shown in the land-use plans of
all the jurisdictions. For example,it is unlikely that adjoining cities will both attract the same"big box"retailer,
though both may show that level of development in their general plan. On the other hand, the water supply
agencies are obligated to use the general plans for the forecasting of water supply needs and related planning.The
LOMUU acknowledges this"stress"on the integration of the plans and states,"Ongoing review of the impacts of
land-use decisions and general plan amendments on water supplies and infrastructure [will]help maintain that
integration." In other words,the land-use conflict/discrepancy issue will be dealt with(integrated)as the IRWMP
undergoes future reviews and updates in response to General Plan changes.
Contra Costa County Flood Control and Nater Conservation District Involvement and Benefits
Water supply agencies and wastewater treatment agencies are the most organized and well-funded participants in
this endeavor and may be able to quickly find clear modes of integration. Flood control agencies do not have as
much contact with each other and may not be as well funded.
Participation in developing the IRWMP is an important opportunity for the District for several reasons:
I. It will provide a forum to become better acquainted with other flood control agencies.
1 It will provide opportunity for District staff to learn what other agencies are doing and evaluate how current
operations could be changed to enhance the District's services.
3. It will provide District staff the opportunity to better understand CALFED's goals and provide an arena for
recognition from CALFED of its efforts to participate regionally in pursuing those goals. As a result, the
District will be in a better position to obtain funding through CALFED.
4. It will help identify opportunities to partner with other agencies to better serve the public and allow the
District to provide its services more effectively.
IV. Consegue3nces of Negative Action:
The District would not be able to cooperate with other sister stormwater agencies in the Bay Area to compare and
improve on our service delivery and program management plans.
Letter of Mutual Understandings
Integrated Regional 'Water :Management Plan
I. PURPOSE
The purpose of this document is to establish the mutual understandings of San Francisco Bay
Area agencies with respect to their joint efforts towards developing a San Francisco Bay Area
Integrated Regional Water Management flan(IRWMP).
2. GOALS
The goals of the IRWMP are:
2.1. Development of a comprehensive Integrated Regional Nater Management Plan to
facilitate regional cooperation in providing water supply reliability, water recycling,
water conservation,water quality improvement, storm water capture and management,
flood management, recreation and access, wetlands enhancement and creation, and
environmental and habitat protection and improvement.
2.2. To foster coordination,collaboration and communication between Bay Area agencies
responsible for water-related issues and to achieve greater efficiencies, enhance public
services, and build public support for vital plans and projects.
2.3. To improve regional competitiveness for State and Federal grant funding.
3. DEFINITIONS
3.1. Integrated Regional eater Management Plan. The plan envisioned by state
legislators and state resource agencies is one that integrates the management plans of all
water-related agencies in a region, in this case the San Francisco Bay Area, in order to
foster coordination, collaboration and communication among those agencies and to assist
decision-makers in awarding grants and other funding. The plan will address water
supply,water quality,wastewater,recycled water, water conservation, stormwater/flood
control,watershed planning, and aquatic habitat protection and restoration.
3.2. Integration of land-use planning and water supply planning. Bay Area water supply
agencies are responsible for supplying water to meet the demands of their customers.
Periodically, water supply agencies update their water supply plans to address changes in
land-use and/or population projections within the areas they service. When updating
water supply plans,water supply agencies consult with local land-use agencies and rely
on approved local land-use plans,usually general plans,within their jurisdiction to
formulate demand projections and plan for infrastructure improvements. Some water
suppliers consult with other regional planning data., including the regional Association of
Bay Area.Governments(ABAG)land-use,jobs and population projections. To the
extent that ABAG projections are consistent with local land-use plans, they are also used
in the water supply planning process. Where there are discrepancies between the local
1
land-use plan and ABAG projections,water supply agencies must rely on the local land-
use plan for water supply planning. Because the water supply agencies develop
their demand projections by consulting local land-use plans or regional planning data
based on regional land-use plans, there is an inherent integration of land-use planning
and water supply planning, Ongoing review of the impacts of land-use decisions and
general plan.amendments on water supplies and infrastructure help maintain
that integration.
3.3. Agency. A public entity,be it a special district, city or other governmental entity,
responsible for providing, or authorized to provide, one or more services in the areas of
water supply,water quality, wastewater, recycled water, water conservation,
stormwater/flood control,watershed planning and aquatic habitat protection and
restoration.
3.4. Service function. A.water-related individual service function provided by an agency,
i.e. water supply,water quality, wastewater,recycled water, water conservation,
stormwater/flood control, watershed planning or aquatic habitat protection and
restoration.
3.5. Management pian. An agency's plan that addresses how that agency will provide
service in the future in one or more of the following service functions: water supply,
water quality, wastewater,recycled water, water conservation, stormwater/flood control,
watershed planning or aquatic habitat protection and restoration.
3.6. Integration.. Assembling into one document all the water-related management plans in
the San Francisco Bay Area. The first phase would be to list the plans"horizontally"
within each service function across and among the responsible agencies. Then the plans
would be categorized and linked"vertically"to identify where existing linkages occur
among plans of separate service functions and to see where plans of separate service
functions may further interrelate, e.g. wastewater treatment and water recycling or
habitat restoration.
3.7. Service-Function Technical Coordinating Committees. A committee comprised of
representatives appointed by each agency participating in this IRWMP effort in an
individual service function, or closely related service function, in the San Francisco Bay
Area to compile the agencies' management plans that relate to that service function.
.Agencies will not only include those already participating in a Bay Area-wide similar
service-function association such as Bay Area Water Agencies Coalition (BAWAC),
Bay Area Clean Water Agencies (BACWA), and Bay Area Stormwater Management
Agencies Association (BASMAA),but other agencies involved in the same service
function, such as those in the North Bay. Representatives of non-agency organizations
(please see"I12.WMP project participants"below)may be invited to participate as
interested parties. An appropriate entity would facilitate a technical coordinating
committee that would compile plans dealing with watershed management, habitat and
fisheries restoration., and related issues. Many agencies,because of the multi-function
I
responsibilities will participate in more than one technical advisory committee. A few
may participate in all of them.
3.8. San Francisco Bay Area Technical Coordinating Committee. The committee
comprised of two or three representatives selected from each of the service-function
technical coordinating committees to integrate the management plans of all the Bay Area
agencies. Representatives of non-agency organizations(please see "IRWMP project
participants"below)may be invited to participate. Agency committee members will
define the process of compilation including format, schedules and ground rules for the
service-function technical coordinating committees and its own committee to ensure
process consistency and uniformity.
4. IRV*q " PROJECT PARTICIPANTS
4.1. Public agencies. Public agencies, which have developed the management plans, are
responsible to their respective electorates, and are devoting staff and financial assets to
the process,will take the lead as described in"Approach to developing the IRWMP"
below. These agencies will be the signatories to this letter of mutual understandings.
4.2. Contributing entities. Other entities, such as environmental groups, are considered
valuable contributors and will continue to be invited and encouraged to participate.
4.3. Regulatory agencies. These agencies, such as the Bay Area Regional Water Quality
Control Board, will be invited to participate. If they cannot participate in work
meetings,representatives of the technical coordinating committees will keep them
advised of project progress and seek guidance as may be needed.
4.4. California Bay-Delta Authority. Staff from the Authority will be invited to provide
advice and direction as appropriate and to serve as linkage between the Bay Area region
and the California Bay-Delta Program.
5. MUTUAL UNDERSTANDINGS
5.1. Need for a San Francisco Bay Area IRWMP
5.1.1. To foster increased coordination, collaboration and communication between San
Francisco Bay Area water-related agencies that may result in cost efficiencies and
better service to the public.
5.1.2. Also,representatives of state resource agencies and state legislators have
suggested that state grants and other funding criteria will involve some level of
Integrated Regional Nater Management Planning.
5.2. Subject matter scope of the IRWMP. The IRWMP will include, but may not
necessarily be limited to,water supply, water quality, wastewater, recycled water, water
conservation, stormwaterlflood control, watershed planning and aquatic habitat
3
protection and restoration. It is acknowledged that the management plans of each
individual public agency are based, in part, on appropriate land-use plans. Therefore, the
resultant IRWMP will by design have incorporated the land-use plans and assumptions
intrinsic to the respective water-related service function.
5.3. Geographical scope of the IRWMP. The San Francisco Bay Area for this is defined as
the nine Bay Area counties d Alameda, Contra Costa, Marin,Napa, San Francisco, San
Mateo, Santa Clara, Solano, and Sonoma—even though some areas of some counties
and individual agencies may lay outside the San Francisco Bay Area Watershed.
5.4. Approach to developing the IRWIYiP
5.4.1. A reasonable approach towards developing the IRWMP is first for the agencies
involved in an individual service function as defined above to create a technical
coordinating committee whose members work together to compile their individual
management plans to see where cooperative efforts could be employed. The
document also would serve to identify needs and potential solutions for the
service function and list projects that may qualify for funding under various state
and federal grant and loan programs. Once compiled, the IRWMP will not
supersede any individual agency's management plan.
5.4.2. The proposed forum for this regional planning effort is the associations,
coalitions, or other entities to which the majority belong, inviting others agencies
and entities to participate in the effort. As mentioned above, those associations
include BAWAC for water supply and quality; BACWA for wastewater and
recycled water; and BASMAA for stormwater. An appropriate entity would lead
efforts to compile plans dealing with watershed management and habitat and
fisheries restoration.
5.4.3. The service-function technical coordinating committees also should refer to any
already completed and on going compilation efforts such as the Bay Area
Regional Water Recycling Program (BARWRP) and the Napa Salt Marsh Project
for information and input.
5.4.4. (ince there has been a compilation of plans for the separate, service-function
areas, the San Francisco Bay Area Technical Coordinating Committee will place
all the plans into one integrated document. As stated above in"definitions,"the
first phase would be to list the plans"horizontally"within each service function
across and among the responsible agencies. Then the plans would be categorized
and linked"vertically"to identify where existing linkages occur among plans of
separate service functions and to see where plans of separate service functions
may further interrelate, e.g. wastewater treatment and water recycling or habitat
restoration.
5.4.5. Attached is a diagram that illustrates the process described above.
4
5.5. Decision-making. Consensus will be sought in the event the need for a decision arises.
5.6. Approval of the IRWMP. Because the IRWMP is the technical work product of a
collaborative effort among agencies with separate and distinct governance structures, the
IRWMP is not subject to approval by any one agency, group, organization or entity.
5.7. Additional efforts. This Letter does not address any Bay Area regional action that may
be taken by elected or appointed policymakers during or after the preparation of the
IRWMP.
5.8. Non-binding nature. This document and participation in this IRWMP effort are non-
binding, and in no way suggest that an agency may not continue its own planning and
undertake efforts to secure project funding from any source. An agency may withdraw
from participation at any time.
5.9. Project development and/or funding priorities. The IRWMP effort will not suggest
any priority of project development or funding.
5.10. Personnel and financial resources. It is expected that agencies will contribute the
personnel and financial resources necessary to develop the IRWMR Should the
assistance of one or more consultants be required, a separate cost-sharing letter will be
prepared and signed by the agencies.
5.11. Other on-going regional efforts. Development of the IRWMP is separate from efforts
of other organizations to develop water-related plans on a regional basis. These other
plans include,but are not limited to, Water Bond Coalition efforts, Department of Water
Resources (DWR)Bulletin 160 development and California Bay-Delta Authority's
regional plans development and approach. As the IRWMP is developed,work products
can be shared with these separate efforts to provide them with the most current
information.
5.1.2. Reports and communications. Technical coordinating committees will regularly
report on their progress to the agencies they represent and the associations or
organizations to which they belong that are involved in the IRWMP process.
5.13.Termination. Because the IRWMP will require periodic review and updating for use
into the future, it is envisioned that the joint efforts of those involved will be ongoing
and in maintaining a living document. Thus this document will remain as a reflection of
the understandings of the participants. As indicated, individual signatories of this Letter
may terminate their involvement at any time.
5
6. SIGNATORIES TO THE LETTER OF:MUTUAL UNDERSTANDINGS
We, the undersigned representatives of our respective agencies, acknowledge the above as our
understanding of how the San Francisco Bay Area Integrated Regional Mater Management Plan
will be developed.
Signature Signature
Paul Piraino Arthur R. Jensen
Printed name Printed name
Alameda County,Water District Bay Area Water Users Association
Agency Agency
Date Date
Signature Signature
'halter J. Bishop Dennis Diemer
Printed name Printed name
Contra Costa Water District East Bay MMunicipal Utility District
Agency Agency
Date Date
6
Signature Signature
Patricia Martel Stanley M. Williams
Printed name Printed name
San Francisco Public Utilities Commission Santa Clara Valley Water District
Agency Agency
Date bate
Signature Signature
Randy-Poole Dale Myers
Printed name Printed name
Sonoma County Water Agency Zane 7 Water Agency
Agency Agency
Date Date
7
Signature Signature
Printed name Printed name
Bay Area Chan Water-Agencies Bay Area Stonnwater Management Agencies
Agency Association
Agency
Date Date
Signature Signature
North Bay Watershed Santa Clara Basin Watershed Management
Printed name Initiative
Printed name
Agency Agency
Date Date
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GAGtpData\Admin\SHIU\2003\12 December\IRWMP LMU.doc
Coordination and Development of an
Integrated Regional Water Management Pian
for the San Francisco Bay Area
November 25, 2003 (draft)
San Francisco Bay Area
Technical Coordinating Committee
Technical Coordinating Technical Coordinating Technical Coordinating Technical Coordinating
Committee: Committee: Committee: Committee:
Bay Area Water Bay Area;Clean Bay Area'Stormwater North Bay Watershed
Agencies Coalition Water Agencies Management Agencies Association/
(BAWAC)/lorth Bay (BACIA) Association Santa Clara Basin
Water Agencies (BAMAA) WMI/others
Service Function(s):on(s): Service Function(s): Service Function(s): Service Function(s):
Water Supply/ 'wastewater/ Stormwater Management/ Watershed
Water Quality Recycled Water Flood Control Management/
Habitat Protection/
Restoration
San Francisco Bay Area Technical Coordinating Committee Composition and Duties:
•Composed of two or three representatives from each of the service function technical coordinating committees.
Representatives from organizations that are not public agencies may also be invited to participate.
•Defines the process for data compilation including format, schedule, and ground rules for the service function
technical committees and for its own committee to ensure process consistency and uniformity.
•Compiles the plans for separate service functions into single, integrated document.
•Does not prioritize projects or approve the individual plans compiled through the data compilation effort.
Organization and Association Duties(BAWAC,BACWA,BBASNIAA,other organizations, etc.):
•Provides regional forum for compilation of individual agency service function plans into regional service
function plans.
•Invites agencies that are not members to participate in the data compilation effort.
•Forms servicefunction technical coordinating committees.
Technical Coordinating Committee Composition and Duties:
•Composed of representatives from each agency participating in the IRWMP effort in an individual service
function. Many agencies will participate in more than one committee; some will participate in all of them.
•Representatives from organizations that are not public agencies may be invited to participate as interested
parties.
•Compiles and integrates individual agencies plans relating to a specific service function. The compilation
efforts should refer to existing compilation efforts such as the Bay Area Regional Water Recycling Program
study.
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G:\GtpData\Admin\SH1U\2d03\12 December\IRWMP Coord Structure 11-25-03.doc