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Res 17-043RESOLUTION NO. 17-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, SUPPORTING THE SAN DIEGO COUNTY WATER AUTHORITY'S LONG-TERM WATER SUPPLY PLAN AND LITIGATION AGAINST THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA WHEREAS, San Diego County's $222 billion economy and 3.3 million people depend on the San Diego County Water Authority ("Water Authority") and its member agencies to provide a reliable water supply at a reasonable cost; WHEREAS, the Water Authority is a member agency of the Los Angeles -based Metropolitan Water District of Southern California ("MWD"), which has historically supplied the Water Authority with water imported from the Colorado River and through the State Water Project; WHEREAS, following a severe drought in which San Diego County experienced 31 % cutbacks in 1991, and was threatened with 50% water supply cutbacks by MWD, a Declaration of Water Independence and Reliability was declared on July 3, 1996, by San Diego civic and business leaders; WHEREAS, over the past 20 years, the Water Authority and its member agencies have successfully transformed the San Diego region from being 95% dependent on MWD in 1990, to approximately 20% by 2020; WHEREAS, MWD has fought against the actions the Water Authority has taken to reduce its MWD water purchases including, among other things, establishing rates and charges intended to penalize San Diego and its diversification efforts; WHEREAS, these overcharges could cumulatively total more than $7 billion by 2040; WHEREAS, the Water Authority has filed four separate lawsuits against MWD, challenging these rates; WHEREAS, a San Francisco Superior Courtjudge has already ruled in the first two cases that MWD's rates are illegal, awarded the Water Authority more than $243 million in damages, costs, pre -judgment interest and attorneys' fees, and directed MWD by writ of mandate to set lawful rates; WHEREAS, MWD has appealed the Court's ruling, denies that it is required to limit its rates to no more than the cost of the services it provides, and has not changed its rates in response to the Court's ruling; Resolution No. 17-043 Page 2 WHEREAS, MWD has engaged and is continuing to engage in a number of highly questionable financial practices, including overcharging ratepayers $847 million from 2012- 2015 (of which, $189 million was collected from ratepayers in San Diego County, with $5,074,000 being overcharged to residents and business in Poway); spending more than $1.2 billion outside of its adopted budgets from 2013-2016; and making plans to spend billions more without having any plan for how it will allocate these costs; WHEREAS, MWD's current financial practices present a grave risk to the people and economy of Southern California; and WHEREAS, a reliable, cost -certain and diverse water supply is vital to the sustained prosperity of all San Diego County citizens and business enterprises. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, that the City of Poway supports fully the Water Authority's rate litigation against MWD that is necessary to recover illegal rates and charges that may be assessed by MWD, now and in the future: and BE IT FURTHER RESOLVED, that the City of Poway, supports fully the programs of the San Diego County Water Authority and its member agencies, on behalf of San Diego County, as a free and independent community, to continue to diversify San Diego County's water supply, free of any program or influence by, or subordination to MWD. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 18th day of July 2017. Steve Vaus, Mayor ATTEST: N chi &jfeld, CMC, City Clerk Resolution No. 17-043 Page 2 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-043 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of July 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ;6 ufe d, C IC, City Clerk City of Poway