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REPORT <br />January 27, 2003 <br />1 1.0.1 <br />To the Honorable Mayor and City Council <br />From the City Manager <br />Subject <br />Regional Water System - Implementation of Assembly Bill 2058 and Senate Bill 1870 <br />Recommendation <br />1. By Resolution, set the public hearing time (March 10, 2003) and place (City Hall — <br />Council Chamber) on whether to form, and become a member of, the Bay Area <br />Water Supply & Conservation Agency (BAWSCA) and direct the City Clerk to <br />arrange for publication of the resolution on or before 2/22/2003 (AB 2058). <br />2. By motion, appoint a Redwood City Council member to the office of Director of the <br />San Francisco Bay Area Regional Water System Financing Authority, established <br />pursuant to California Water Code Section 81600 et seq. for the term determined as <br />provided in Water Code Section 81631(b) (SB 1870) <br />Background <br />AB 2058 went into effect January 1, 2003, and authorizes the formation of BAWSCA. The <br />new law requires that all public agency members of the Bay Area Water Users Association <br />( BAWUA) adopt a resolution setting a public hearing on the question of whether to form <br />and become a member of the Bay Area Water Supply and Conservation Agency <br />(BAWSCA). City councils and boards of directors of several BAWUA member agencies <br />have recently adopted this first resolution and other agencies have agendized it for an <br />upcoming meeting. AB 2058 also requires that this resolution setting the public hearing be <br />published in a newspaper of general circulation at least two weeks before the hearing (the <br />resolution contains a specific reference to this publication requirement). Since this <br />procedure is mandated by the law, staff suggests that the notice be published twice during <br />the long period between 1/27 and 3/10. The boards of supervisors of San Mateo and <br />Santa Clara counties will appoint board members for the California Water Service <br />Company and the Stanford Trust, respectively. San Francisco can apply to become a <br />member. <br />SB 1870 went into effect January 1, 2003, and creates the San Francisco Bay Area <br />Regional Water System Financing Authority. The new law requires that all affected public <br />agencies' city councils or boards of directors appoint a duly elected member to the office of <br />Director of the Financing Authority by March 1, 2003. The mechanics of the appointment <br />are: <br />• The appointment is to be made at a regular public meeting of the City Council, <br />which has been properly agendized <br />• The appointment must be made by action of the entire City Council <br />• The appointment is for a 2 or 4 year term, to be determined by lot at a later date <br />• The action need not be memorialized in a resolution; a motion duly passed and <br />recorded in the meeting minutes is sufficient <br />