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Legislative Public Meetings

File #: 25-252    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 2/12/2025 In control: Council and Authorities Concurrent Meeting
On agenda: 6/24/2025 Final action:
Title: Action on an Amendment to the Amended and Restated Water Supply Agreement between the City and County of San Francisco and its Wholesale Customers in Alameda County, San Mateo County and Santa Clara County, and Updated Tier 2 Drought Response Implementation Plan
Attachments: 1. Proposed Resolution Amending Water Supply agreement for Minimum Purchase and Tier 1, 2. Redline Amended Water Supply Agreement Showing Changes to Sections 3.07, 2.03 (C), 3.09, 9.07, E, E-3 and H, 3. Clean Amended Water Supply Agreement including Changes to Sections 3.07, 2.03 (C), 3.09, 9.07, E, E-3 and H, 4. Proposed Resolution Approving Updated Tier 2 Plan, 5. Tier 2 Drought Response Implementation Plan, 6. Summary of WSA Amendments Minimum Purchase Quantity, 7. Summary of WSA Amendments Tier 1 and Tier 2 Plan
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REPORT TO COUNCIL
SUBJECT
Title
Action on an Amendment to the Amended and Restated Water Supply Agreement between the City and County of San Francisco and its Wholesale Customers in Alameda County, San Mateo County and Santa Clara County, and Updated Tier 2 Drought Response Implementation Plan

Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In June 2009, the City of Santa Clara entered into a Water Supply Agreement with the City and County of San Francisco (San Francisco) and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (2009 WSA). The 2009 WSA establishes the terms by which the 26 Wholesale Customers purchase water from San Francisco's Regional Water System (RWS). The 2009 WSA builds upon the 1984 "Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County."

In September 2017, the Bay Area Water Supply and Conservation Agency (BAWSCA) and the Water Management Representatives (WMR) of the BAWSCA member agencies began reviewing the issue of Minimum Purchase Requirements, as described in Section 3.07.C of the WSA, and discussing the creation of a process to transfer minimum annual purchase quantities among the Wholesale Customers. Throughout 2017 and 2018, the WMR held multiple meetings during which the agencies currently subject to Minimum Purchase Requirements (Original Minimum Purchase Customers - Alameda County Water District, City of Milpitas, City of Mountain View and the City of Sunnyvale) and the other Wholesale Customers shared their interests and concerns regarding changes to the Minimum Purchase Requirements and allowing transfers of minimum annual purchase quantities.

In 2019, BAWSCA approved the 2018 Amended and Restated WSA (2018 WSA), at which time the Wholesale Customers expressed a collective interest in working together to de...

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