HomeMy WebLinkAboutRESO 8024RESOLUTION NO. 8024
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO ADOPTING THE. 2000 URBAN WATER MANAGEMENT
PLAN TO BE SUBMITTED TO THE CALIFORNIA DEPARMENT
OF WATER RESOURCES
WHEREAS, the California Legislature has enacted the
Urban Water Management Planning Act, California Water Code
Sections 10610 -10656, as amended, which requires every urban
water supplier, as defined, providing water to more than 3,000
customers or supplying more than 3,000 acre-feet of water
annually to prepare an urban water management plan ("Plan") that
has as its primary objective the conservation and efficient use
of water; and
WHEREAS, the City of Palo Alto ("City") , a municipal
utility and chartered city, is an urban water supplier providing
water to a population over 60,000; and
WHEREAS, the Plan must be reviewed at least once every
five years by the City, which must amend the Plan, as necessary,
after it has conducted a review; and
WHEREAS, the Plan must be adopted by December 31, 2000,
after it is first made available for public inspection and a
public hearing is noticed and held, and it must be filed with
the California Department of Water Resources within thirty days
of adoption; and
WHEREAS, a properly noticed public hearing regarding the
Plan was held by the City Council on December 18, 2000; and
WHEREAS, the City. has prepared the Plan that will be
filed with the California Department of Water Resources by
December 31, 2000;
NOW, THEREFORE, the City of Palo Alto does RESOLVE as
follows:
SECTION 1. The Council hereby adopts the 2000 Urban
Water Management Plan of the City of Palo Alto, which shall be
filed with the. City Clerk. The City Manager or his designated
representative, the Director of Utilities, is hereby authorized
and directed to file the 2000 Urban Water Management Plan of the
City of Palo Alto with the California Department of Water
Resources on or before December 31, 2000.
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001222 syn 0071949
SECTION 2. Th~ Council
Water Code section 10652, the
resolution does not constitute
Environmental Quality Act, and
required.
finds that, under
adoption of the
a project under
no environmental
INTRODUCED AND PASSED: December 18, 2000
the California
Plan and this
the California
assessment if
AYES: BEECHAM, BURCH, EAKINS,
LYTLE, MOSSAR, OJAKIAN
FAZZINO, KLEINBERG, KNISS,
NOES:
ABSENT:
ABSTENTIONS:
APPROVED AS TO FORM:
~-
APPROVED: ~-· ~
. ~-~-~ ~'w~
~
)foiJdc ~ Clerk
Senior Asst. City Attorney
2
001222 syn 0071949
Contract No. 00-SNR-00241
ADVANCEMENTOFFUNDSCONTRACT
FOR CENTRAL VALLEY PROJECT
PURCHASE POWER AND WHEELING
Among the
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
and
CERTAIN CENTRAL VALLEY PROJECT
FIRM ELECTRIC SERVICE CONTRACTORS
Contract No.OO-SNR-00241
ADVANCEMENTOFFUNDSCONTRACT
FOR CENTRAL VALLEY PROJECT
PURCHASE POWER AND WHEELING
among the
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
and
CERTAIN CENTRAL VALLEY PROJECT
FIRM ELECTRIC SERVICE CONTRACTORS
Table of Contents
Section Page
1. PREAMBLE ..................................................................................................................... 1
2. EXPLANATORY RECITALS ........................................................................................ 1
.3. AGREEMENT ................................................................................................................. 2
4. TERM AND TERMINATION OF CONTRACT ............................................................ 2
5. DEFINITION OF TERMS ............................. : .................................................................. 3
6. PURCHASED POWER & WHEELING PROGRAM FUNDING .................................. 5
7. PARTICIPANTS' FUNDING COMMITMENTS ........................................................... 5
8. BILLING AND PAYMENT ............................................................................................ 6
9. CREDITING ..................................................................................................................... 7
10. EXHIBITS MADE PART OF CONTRACT .................................................................... 8
11. EXECUTION IN COUNTERPART ................................................................................. 8
12. GENERAL POWER CONTRACT PROVISIONS ......................................................... 8
Exhibit A (Participants)
Exhibit B (Methodology for Calculation of Fair Share Amount)
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ADVANCEMENTOFFUNDSCONTRACT
FOR CENTRAL VALLEY PROJECT
PURCHASE POWER AND WHEELING
among the
UNITED STATES
DEPARTMENTOFENERGY
WESTERN AREA POWER ADMINISTRATION
and
CERTAIN CENTRAL VALLEY PROJECT
FIRM ELECTRIC SERVICE CONTRACTORS
PREAMBLE: This Contract is made this _day of ________ , 2000,
pursuant to the Acts of Congress approved June 17, 1902 (32 Stat. 388); March 4, 1921
(41 Stat. 1404); January 12, 1927 (44 Stat. 957), August 26, 1937 (50 Stat. 844); and
August 4, 1977 (91 Stat. 565); and Acts amendatory or supplementary to the foregoing
· Acts; between the UNITED STATES OF AMERICA (United States), acting by and
through the Administrator, Western Area Power Administration (Western), Department
of Energy, Sierra Nevada Customer Service Region (SNR), represented by the officer
executing this Contract, and each of the FIRM ELECTRIC SERVICE CONTRACTORS
LISTED IN EXHIBIT A, hereinafter called Participants, or their successors and assigns;
sometimes hereinafter collectively called the Parties.
EXPLANATORY RECITALS:
2.1
2.2
The Parties entered into electric service contracts which provide, among other
things, for the sale of firm power by Western to each Participant.
SNR purchases power and transmission services in order to firm and deliver
electric service to its customers through SNR's integration Contract
No. 14-06-200-2948A (Contract 2948A) with the Pacific Gas & Electric
Company, through Contract No. 14-06-200-2947 A with the Pacific Gas &
Electric Company, San Diego Gas & Electric Company, and Southern California
Edison (California Companies), and through various long-term contracts with
Northwest power suppliers. SNR also enters into short-term power purchase
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3.
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arrangements in accordance with its rights and obligations under Contract 2948A.
These arrangements are included in SNR' s Purchase Power and Wheeling
(PP&W) Program, (see Section 5.6).
2.3 In addition to appropriations and reimbursable authority with other Federal
agency customers, Western uses various types of alternative funding
arrangements, as authorized by Congress, in order to fund its PP&W Program.
2.4 The Participants desire to advance funds to Western for SNR's existing long-term
purchased power and wheeling contracts as well as various short-term purchased
power and wheeling obligations. Advance funding of SNR's purchased power
and wheeling requirements, in lieu of or in addition to appropriations, will assist
SNR in meeting its contractual obligations to its customers and suppliers.
2.5 The Parties recognize that execution of this Contract will not require Participants
to pay more than they would otherwise pay for firm electric service from Western.
2.6 Interested Parties will negotiate, in good faith, a successor agreement to this
Contract, should such successor agreement be determined by the Parties to be
necessary or beneficial.
AGREEMENT: The Parties agree to the terms and conditions set forth herein.
TERM AND TERMINATION OF CONTRACT:
4.1 Term: This Contract shall become effective upon execution by Western and shall
remain in effect through December 31, 2004. Western will execute this Contract
when Western determines there are a sufficient number of Participants to allow a
viable PP&W Program.
2 Contract No.OO-SNR-00241
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5.
4.2 Termination: Western may terminate this Contract upon a one-year written
notice to each Participant. Any Participant may terminate its participation in the
Contract by giving written notice to Western not later than the first day of a Fiscal
year for termination to be effective the last day of that Fiscal year. For any
termination notice received later than the first day of a Fiscal year, such
termination shall become effective on the last day of the following Fiscal year.
DEFINITION OF TERMS: As used herein, the following terms shall have the
meanings set forth below when used with initial capitalization, whether singular or plural:
5.1 Contract Rate of Delivery: The maximum amount of firm power Western is
obligated to supply a Participant during any hour, as specified in their Firm
Electric Service Contract.
5.2 Fair Share Amount: The Participant's estimated share of Western's PP&W
Program costs as determined using the methodology specified in Exhibit B. Fair
Share Amounts include a prorata share of those costs associated with project use
and electric service contractors that are legally precluded from electing to
participate in this Contract, plus an estimate of pass-through wheeling costs
attributed to the Participant, if applicable. A Participants Fair Share Amount shall
not exceed its Maximum Creditable Amount.
5.3 Firm Electric Service Contract(s): The contract(s) between the Participant and
Western listed in Exhibit A that requires, among other things, payments by the
Participant to Western for electric service from the Sierra Nevada Region.
5.4 Fiscal Year: The Federal fiscal year, which currently is October 1 of any calendar
year through September 30 of the following calendar year.
3 Contract No.OO-SNR-00241
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5.5
5.6
5.7
5.8
5.9
Funding Commitment: The Participant's Fair Share Amount, as it may be
adjusted in accordance with Sections 6.2 and 7.4, plus any additional amount the
Participant agrees to pay in accordance with Section 7.3, for any fiscal year. The
Funding Commitment for each Participant shall be specified in Schedule 1.
Purchased Power and Wheeling Program CPP&W Program): Western's power
and transmission purchases used to firm and deliver electric service to its
customers and project use loads, through integration Contract 14-06-200-2948A
(Contract 2948A) with Pacific Gas & Electric Company, through Contract 14-06-
200-2947A with the California Companies, and through long-term power
purchase Contracts 92-SA0-30006 and 91-SA0-30005 with Pacificorp and
Contract 87-SA0-30002 with Enron Power Marketing, Inc., all as may be
superseded or amended. The PP&W Program also includes short-term power
purchases made by Western in accordance with its rights and obligations under·
Contract 2948A, including economic and load management purchases.
Additional transmission or other transaction-based costs may be associated with
short-term or existing long-term purchases.
Maximum Creditable Amount: For each Participant, the total amount payable to
Western under the Contract(s) listedin Exhibit A during any Fiscal year.
Power Bill: The monthly bill from Western for service provided under a
Participant's Firm Electric Service Contract(s).
Schedule 1: The document in which Western sets forth the Funding Commitment
and schedule for billing of advanced payments for each Participant for a Fiscal
. year, as it may be revised from time-to-time.
4 Contract No.OO-SNR-00241
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6.
7.
PP&W PROGRAM ADVANCE FUNDING:
6.1 Annually, on or before May 1, Western wi_ll determine the estimated cost and
components of the PP&W Program for the upcoming Fiscal year, and provide
each Participant with a Schedule 1.
6.2 The Parties understand the level of funding required for a Fiscal year may vary
depending upon, among other things, hydrologic conditions of the Central Valley
Project, customer loads, and market power prices. Should the required level of
funding change, Western may update the estimated annual cost of the PP&W
Program as necessary, and adjust each Participant's Fair Share Amount
accordingly, pursuant to the methodology set forth in Exhibit B. Any adjustment
to the Participant's Fair Share amount shall not exceed the amount Western can
credit against payments due Western from the Participant under any sales
contracts or agreements. In the event an adjustment is required, Western will
prepare a revised Schedule 1. In no event shall payments under the revised
Schedule 1 be required in less than thirty (30) days following Western's written
notice of such revision.
FUNDING COMMITMENTS:
7.1 _ The Participant agrees to make a monthly advance payment for its Fair Share
Amount. Western will determine each Participant's Fair Share Amount based on
the formula set forth in Exhibit-B. Funding commitments shall be for Fiscal year
blocks.
7.2 Each Participant's Funding Commitment shall not exceed its Fair Share Amount
for any Fiscal year, as it may be adjusted in accordance with Section 6.2 and 7 .4,
unless the Participant agrees to a larger Funding Commitment in accordance with
Section 7.3.
5 Contract No.OO-SNR-00241
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8.
7.3 In the event Western determines that the total of all Participants' Fair Share
Amounts will not be sufficient to fund Western's PP&W Program, Western will
request some or all of the Participants to agree to increase their Funding
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Commitment.
7.3 .1 Western will notify the Participants of the amounts and time frames in
which additional funds will be required.
7.3.2 Any Participant may agree to advance additional amounts, provided
Western can credit such amounts against payments due Western from the
Participant under any sales contract or agreement. If a Participant agrees to
an increased Funding Commitment, Western will prepare a revised
Schedule 1.
7.4 The Participant's Fair Share Amount may be re-determined by Western in the event
the Participant's Contract Rate of Delivery is changed, or its load is reduced to a
level insufficient to allow the crediting of advances on its monthly power,
transmission, or other bill from Western. In the event a Participant's Fair Share
Amount is reduced, Western may proceed in accordance with Section 7.3 if
necessary.
BILLING AND PAYMENT:
8.1 Monthly payments shall be made by the Participants in amounts and at times as
requested by Western. Beginning four (4) months prior to Western requiring the
funds for the PP&W Program, Western will bill the Participant for a one-month
advance payment based on Schedule 1. If practicable, monthly advances will not
exceed Western's ability to credit the Participant within the following three (3)
months. Payments will be collected monthly, at least ninety (90) days in advance of
6 Contract No.OO-SNR-00241
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Western's estimated obligation; Except, That Western anticipates the last billing to
have been completed by October 1, 2004.
4 8.2 The Participant will continue to be billed separately for its power and pass-through
5 transmission purchases from Western in accordance with its Firm Electric Service
6 Contract.
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Western shall reduce the billing or cease billing the Participants until such time as
advance funds are required.
12 8.4 The funds from each Participant will be held in a non-interest-bearing Western trust
13 account(s). Disbursements from that trust account(s) will be made as needed to
14 comply with this Contract.
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16 9 CREDITING:
17 9.1 Each Participant will receive a credit on its monthly Power Bill for the amount of its
18 advance in the Western billing month following receipt of the advance. To the
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degree practicable, the credit will be equal to its previous month's advance. If the
entire credit cannot be applied to a Participant's Power Bill, Western may apply
credits to other bills due Western by the Participant, or the credit balance may be
carried forward and applied to future bills on sales contracts or agreements. If the
Participant's bills are not large enough to apply the credit within three (3) months,
Western shall issue the Participant a payment from unobligated funds in the trust
account referenced in Section 8.4. Such payment shall be for the amount of any
credit balance attributable to advances made three or more months prior unless
other arrangements are agreed to between Western and the Participant.
7 Contract No.OO-SNR-00241
1 9.2 Upon termination of this Contract, Western will reconcile each Participant's
2 account. The Participant will be billed for any amount due artd Western will credit
3 the Participant's bill under any of its current sales contracts or agreements with
4 Western for any amount owed the Participant by Western. If the Participant's
5 bill(s) is less than the amount of the credit, Western will issue the Participant a
6 payment for the difference from the trust account referenced in Section 8.4.
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EXHIBITS MADE PART OF CONTRACT: Inasmuch as the "Participants" to this
Contract and the "Methodology for Calculation of Fair Share Amount" may change
10 during the term hereof, they will be set forth in Exhibits A and B, respectively. Exhibit
11 A may be revised by Western as necessary to reflect changes in the customers who are
12 advancing funds to Western under this Contract. Exhibit B may be revised in
13 accordance with its terms. Exhibits A and B are attached hereto and made a part hereof,
14 and shall be in full force and effect in accordance with their terms until respectively
15 superseded by subsequent exhibits.
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17 11. EXECUTION IN COUNTERPART: This Agreement may be executed in a number of
18 counterparts and shall constitute a single document with the same force and effect as if
19 each Party had signed all other counterparts.
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21 12. GENERAL POWER CONTRACT PROVISIONS: The General Power Contract
22 Provisions, effective July 10, 1998, attached hereto, are hereby made a part of this
23 Contract, the same as if they had been expressly set forth herein; Provided. That the word
24 Contractor in the General Power Contract Provisions shall mean Participant for the
25 purposes of this Contract.
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8 Contract No.OO-SNR-00241
1 IN WITNESS WHEREOF, the Parties have caused this Contract to be executed the day
2 and year first above written.
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WESTERN AREA POWER ADMINISTRATION
By: __________________________ ~---
Title: ____ ___,P,_,o~w=e=r-"'"M=ar=ke=t=in~g'-"'M=an=a"=g=er.__ ___ _
Address: __ _____,1""""1'--'-4_,P-=ar=k=s=ho=r=e-=D=n"'-'·v"""'e _____ _
Folsom. CA 95630-4710
9 Contract No.OO-SNR-00241
1 IN WITNESS WHEREOF, the Parties have caused this Contract to be executed the day
2 and year first above written. The signatories hereto represent that they have been appropriately
3 · authorized to enter into this Contract on behalf of the Party for whom they sign.
4
5 CITY OF PALO ALTO
6 ~ By: __ ~---1---+-":::__---fL-+----------7
Attest~ __I} j _
9 By: ~-t'J -&~
10 Title:77t,~"J1v'=
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8 Title: ---=C=::...l~~~· f-tyL-.!-fi1.L..::~t.=w,:...:..:~,_'f~l/' ____ _
Address: __ C_,..:.....,/,.,._t; ----"'--0 -=--f~A--"H !t-=-t~--"/1_,__/lz_'r:J __
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10 00-SNR-00241