HomeMy WebLinkAbout7736 RESOLUTION NO 7736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS TO ENTER
INTO A MEMORANDUM OF AGREEMENT TO JOINTLY FORM A GROUNDWATER
SUSTAINABILITY AGENCY FOR THE SAN TIMOTEO SUB-BASIN NO 8-02 08 AND TO
COORDINATE WITH OTHER GROUNDWATER SUSTAINABILITY AGENCIES
WHEREAS, in September 2014, Governor Jerry Brown signed into law the Sustainable
Groundwater Management Act ("SGMA"), which went into effect on January 1, 2015, and
WHEREAS, the legislative intent of the SGMA is to, among other goals, provide for
sustainable management of groundwater basins and sub-basins defined by the California
Department of Water Resources ("DWR"), to enhance local management of groundwater, to
establish minimum standards for sustainable groundwater management, and to provide specified
local agencies with the authority and teclnrnrcal and financial assistance necessary to sustainably
manage groundwater, and
WHEREAS, Water Code Section 10723(a) authorizes a local agency with water supply,
water management or local land use responsibilities,or a combination of local agencies,overlaying
a groundwater basil to elect to become a Groundwater Sustainability Agency ("GSA") under the
SOMA, and
WHEREAS, the City of Redlands, as depicted un map attached in Exhibit "A," overlies
portions of the San Trmoteo Sub-basin, which is identified by the California DWR Bulletin 118 as
Sub-basin.No 8-02 08 of the Upper Santa Ana Valley Groundwater Basin, and
WHEREAS, it accordance Water Code Section 10723(b) and Government Code Section
6066, a notice of public hearing was published in a newspaper of general circulation regarding the
City's intent to become a GSA for the San Trmoteo Sub-basal, as described in the notice, and
WHEREAS, becoming a GSA supports the City's ongoing efforts to use local water
supplies m a way that increases its availability for future generations within the region and to
ensure groundwater and drinking water sustainability within the area served,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redlands
Section 1 The City Council hereby approves the MOA for the geographical area depicted
on the map in Exhibit "A" attached to this Resolution
Section 2 City staff is directed to submit to DWR by June 30`i', 2017, the MOA attached
hereto as Exhibit "B "
Section 3 This City further detennmes that approval of this Resolution is exempt from
review under California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines
Section 15061(b) which provides that CEQA applies only to projects which have the potential for
causing a significant effect on the envirornnent This City Council finds with certainty that there
is no possibility the approval of this Resolution may have a significant effect on the environment
I 1cc1erk\Reso1utions\Res 7700-779917736-MOA for GSA for San Tunoteo Subbasin docx
Section 4 This Resolution shall be effective upon its adoption
ADOPTED, SIGNED AND APPROVED thi ' day of June, 2 17
Paul Barich, Mayor Pro Tempore
ATTEST
Je �eDon=ldsono,�City Clerk
I Icclerk\Resolutions\Res 7700-779917735 MOA for GSA for San Timoteo Subbasm docx
4
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 201'
day of June, 2017, by the following vote
AYES Councilmembers Gilbreath, Barich, Tejeda
NOES None
ABSENT- Councilmember Harrison; Mayor Foster
ABSTAIN None
JeqjjXe Donaldson, City Clerk
I lcclerk\Resolutions\Res 7700-779917736-MOA for GSA for San Tnnoteo Subbasin docx
MEMORANDUM OF AGREEMENT TO FORM A GROUNDWATER SUSTAINABILITY
AGENCY FOR PART OF THE UNADJUDICATED PORTION OF THE SAN TIMOTEO
SUBBASIN AND TO COORDINATE WITH OTHER GROUNDWATER SUSTAINABILITY
AGENCIES
This 2017 Memorandum of Agreement (MOA) is entered into by and among Beaumont Cherry Valley
Water District (BCVWD), Yucaipa Valley Water District (YVWD), City of Redlands (Redlands), and
San Gorgonio Pass Water Agency (SGPWA), which may be referred to herein individually as a "Party"
and collectively as the "Parties "
Pursuant to the Sustainable Groundwater Management Act (SGMA) and as further set forth herein,
the purposes of this MOA are to form a Groundwater Sustainability Agency (GSA) for part of the
unadjudicated portion of the San Timoteo Subbasin (Basin), the members of which GSA shall be
BCVWD, YVWD, Redlands, and SGPWA (herein, the ST-GSA), and to establish that the ST-GSA will
coordinate with the Eastern Municipal Water District (EMWD) in its formation of a separate GSA for
another part of the unadudicated portion of the Basin within EMWD's service area
Recitals
WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and
1319, and Assembly Bill 1739, collectively known as the Sustainable Groundwater Management Act
(SGMA), codified in certain provisions of the California Government Code, commencing with Section
65350 5, and in certain provisions of the California Water Code, including but not limited to, Sections
5200 et seq and 10720 et seq , and
WHEREAS, SGMA went into effect on January 1, 2015, and thereafter various clarifying amendments
to SGMA were signed into law in 2015, including Senate Bills 13 and 226, and Assembly Bills 617 and
939, and
WHEREAS, the San Timoteo Subbasin (Basin), as further depicted in Exhibit A to this MOA, is
identified by the California Department of Water Resources (DWR) Bulletin 118 as Subbasin No 8-
02 08 of the Upper Santa Ana Valley Groundwater Basin, and is designated by DWR as medium
priority, and therefore, except as provided by SGMA, the Basin is subject to the requirements of
SGMA, and
WHEREAS, the Parties recognize and agree that a portion of the Basin (herein, the Adjudicated Area)
is subject to the Beaumont Basin adjudication and Judgment in the case referred to as San Timoteo
Watershed Management Authority v City of Banning, et al , Riverside County Superior Court Case
No RIC 389197, and that pursuant to SGMA Section 10720 8(a)(1), said portion of the Basin
generally is not subject to the requirements of SGMA and will not be managed by the ST-GSA, and
WHEREAS, SGMA Section 10720 7 requires the Basin, as a medium priority basin which is not
designated by DWR as being subject to critical conditions of overdraft, to be managed by a
Groundwater Sustainability Plan (GSP) or coordinated GSPs by January 31, 2022, and
WHEREAS, SGMA Section 10727(b) authorizes (1) a single GSP covering the entire Basin
developed and implemented by one GSA, (2) a single GSP covering the entire Basin developed and
implemented by multiple GSAs, or (3) multiple GSPs developed and implemented by multiple GSAs
and coordinated pursuant to a single coordination agreement that covers the entire Basin, and
2017 San Timoteo Subbasin MOA Page 1 of 12
WHEREAS, SGMA Section 10735 2 requires the formation of a GSA or multiple GSRs for the Basin
by June 30, 2017, and
WHEREAS, SGMA Section 10723 6(a) authorizes a combination of local agencies to form a GSA
pursuant to a point powers agreement, a memorandum of agreement, or other legal agreement, and
WHEREAS, BCVWD, YVWD, Redlands, and SGPWA are local agencies as defined by SGMA,
wherein each agency overlies at least a portion of the Basin and each has respective water supply,
water management, and/or land use responsibilities within the Basin, and thus each is authorized by
SGMA to become part of the ST-GSA, and
WHEREAS, in accordance with the terms of this MOA, and in furtherance of the shared intent of the
Parties to maximize funding opportunities for the Basin and avoid potential intervention in the Basin by
the State Water Resources Control Board, the Parties agree that the ST-GSA formed by this MOA will
cover the entire Basin except the Adjudicated Area of the Basin and that portion of the Basin that lies
within the service area of EMWD, for which EMWD intends to form a separate GSA as further
described below, and
WHEREAS, the Parties mutually desire and intend to work with local stakeholders and interested
entities in the Basin that are not Parties to this MOA, including but not limited to EMWD, the City of
Beaumont (Beaumont), the City of Calimesa (Calimesa), the County of Riverside Planning
Department, the County of San Bernardino Flood Control District, the San Bernardino Valley
Municipal Water District, the Beaumont Basin Watermaster, overlying landowners, and others to carry
out the policy, purposes, and requirements of SGMA in the Basin
Agreement
NOW, THEREFORE, in consideration of the promises, terms, conditions, and covenants contained
herein, it is mutually understood and agreed as follows
Incorporation of Recitals The Recitals stated above are incorporated herein by reference
II. Purposes. The purposes of this MOA are to form the ST-GSA for part of the unadjudicated
portion of the Basin as specified herein pursuant to applicable provisions and requirements of
SGMA, including but not limited to SGMA Sections 10723 and 10723 6, and to establish that
the ST-GSA will coordinate with EMWD in its formation of a separate GSA for another part of
the unadudicated portion of the Basin within EMWD's service area
III Approval of MOA and Formation of the ST-GSA Approval of this MOA and formation of
the ST-GSA shall be accomplished by BCVWD, YVWD, Redlands, and SGPWA each holding
its own noticed public hearing pursuant to SGMA Section 10723(b) and Government Code
Section 6066 and at such hearing will consider approval of a Resolution by its governing board
to enter this MOA and jointly form the ST-GSA as specified in this MOA Upon the respective
approvals of such Resolutions and this MOA by BCVWD, YVWD, Redlands, and SGPWA,
there shall be established the ST-GSA as provided herein
IV Definitions The following terms, whether used in the singular or plural, and when used with
initial capitalization, shall have the meanings specified herein The Parties agree that any
definitions set forth herein are intended to be consistent with SGMA, and in the event of any
discrepancy between a defined term in this MOA and a defined term in SGMA, the terms of
SGMA shall control
2017 San Timoteo Subbasin MOA Page 2 of 12
A "Adjudicated Area" refers to that portion of the Basin that is subject to the Beaumont
Basin adjudication and Judgment in the case referred to as San Timoteo Watershed
Management Authonty v City of Banning, et al , Riverside County Superior Court Case
No RIC 389197, as further depicted in Exhibit A to this MOA
B "Basin" refers to the San Timoteo Subbasin, designated by the California Department
of Water Resources Bulletin 118 as Subbasin No 8-02 08, as further specified, and
depicted in Exhibit A to this MOA
C "BCVWD" means the Beaumont Cherry Valley Water District
D "DWR" means the California Department of Water Resources
E "EMWD" means the Eastern Municipal Water District
F "GSA" means Groundwater Sustainability Agency, as defined by SGMA
G "GSP" means Groundwater Sustainability Plan, as defined by SGMA
H "Memorandum of Agreement" or"MOA" refers to this Memorandum of Agreement
I "Party" or "Parties" refers individually or collectively to Beaumont Cherry Valley Water
District, Yucaipa Valley Water District, City of Redlands, and San Gorgonio Pass Water
Agency as signatories to this MOA
J "Redlands" means the City of Redlands
K "SGMA" refers to the Sustainable Groundwater Management Act
L "SGPWA" means the San Gorgonio Pass Water Agency
M "ST-GSA" refers to the San Timoteo Subbasin GSA formed under this MOA, the
members of which GSA are BCVWD, YVWD, Redlands, and SGPWA
N "YVWD" means the Yucaipa Valley Water District
V Boundaries of ST-GSA The boundaries of the ST-GSA, as further depicted in Exhibit B to
this MOA, shall be the entire Basin except the Adjudicated Area of the Basin as further
specified in this MOA and that portion of the Basin that lies within the service area of EMWD,
wherein EMWD intends to form a separate GSA for that portion of the Basin in accordance
with SGMA and without overlapping the boundaries of the ST-GSA as provided in this MOA
The Parties understand and agree that pursuant to SGMA Section 10720 8, the Adjudicated
Area of the Basin generally is not subject to the requirements of SGMA and will not be
managed by the ST-GSA
VI Coordination and Cooperation
A Continued Cooperation The Parties to this MOA will continue to meet, confer,
coordinate, and collaborate to discuss and develop technical, managerial, financial,
and other criteria and procedures for the preparation, governance, and implementation
of a GSP or coordinated GSPs in the Basin and to carry out the policy, purposes, and
requirements of SGMA in the Basin
2017 San Timoteo Subbasin MOA Page 3 of 12
B Points of Contact Each Party shall designate a principal contact person for that Party,
who may be changed from time to time at the sole discretion of the designating Party
The principal contact person for each Party shall be responsible for coordinating with
the principal contact persons for the other Parties in scheduling meetings and other
activities under this MOA
C Manaaement Areas The Parties acknowledge that SGMA, and provisions of the
SGMA regulations promulgated by DWR, including but not limited to Section 354 20
(23 C C R § 354 20), authorize the establishment of management areas for the
development and implementation of sustainable groundwater management within the
Basin, and accordingly the Parties acknowledge and agree that the establishment of
management areas within the Basin is a governance alternative that the Parties may
explore
VII Roles and Responsibilities
A The Parties agree to jointly establish their roles and responsibilities for implementing a
GSP or coordinated GSPs for the Basin in accordance with SGMA
B The Parties agree to work in good faith and coordinate all activities to carry out the
purposes of this MOA in implementing the policy, purposes, and requirements of
SGMA in the Basin and particularly within the boundaries of the ST-GSA
C BCVWD, YVWD, Redlands, and SGPWA, as members of the ST-GSA, shall
coordinate with each other to cause all applicable noticing and submission of required
information to DWR regarding formation of the ST-GSA
D As provided in this MOA, the Parties will continue to meet, confer, coordinate, and
collaborate to discuss and develop governance, management, technical, financial, and
other matters, including respective roles and responsibilities for activities such as, but
not limited to, the following modeling, metering, monitoring, hiring consultants,
developing and maintaining list of interested persons under SGMA Section 10723 4,
budgeting, and other initial tasks as determined by the Parties
VIII Funding and Budgeting The Parties shall mutually develop reasonable budgets and cost
sharing agreements or arrangements for work to be undertaken in carrying out SGMA in the
Basin
IX Stakeholders
A The Parties agree to work together in ensuring public outreach and involvement of the
public, other interested stakeholders, and other agencies such as EMWD that may be
responsible for implementing groundwater sustainability in the Basin throughout the
SGMA process, including but not limited to all beneficial uses and users of
groundwater as provided in SGMA Section 10723 2
B The Parties acknowledge, agree, and desire that the preparation, adoption, and
implementation of one or more GSPs for the Basin, and the ongoing process of
ensuring compliance with the requirements of SGMA in the Basin, will involve close
coordination and cooperation with stakeholders and other interested parties, including
but not limited to those identified in this MOA
X Term, Termination, and Withdrawal
2017 San Timoteo Subbasin MOA Page 4 of 12
A Term This MOA shall continue and remain in effect unless and until terminated by the
unanimous written consent of the Parties, or as otherwise provided in this MOA or as
authorized by law
B Withdrawal Any Party may decide, in its sole discretion, to withdraw from this MOA by
providing ninety (90) days written notice to the other Parties A Party that withdraws
from this MOA shall remain obligated to pay its share of costs and expenses incurred
or accrued under this MOA and any related cost sharing agreement or arrangement up
to the date the Party provides its notice of withdrawal as provided herein Withdrawal
by a Party shall not cause or require the termination of this MOA or the existence of the
ST-GSA with respect to the non-withdrawing Parties
1 In the event of withdrawal by BCVWD, YVWD, Redlands, or SGPWA from this
MOA and the ST-GSA, the Parties shall meet and confer regarding whether the
withdrawing Party wishes to seek GSA status for a portion of the Basin
underlying the service area or management area of the withdrawing Party The
Parties also may meet and confer regarding issues such as (i) whether the ST-
GSA, or one or more of the non-withdrawing Parties, wishes to retain GSA
status over the affected portion of the Basin, (ii) whether to enter a co-GSA
management or other arrangement with the withdrawing Party, and (iii) whether
to address the GSA issues in a different manner Any resolution of such and
other GSA issues shall be undertaken in a manner that satisfies all
requirements of SGMA and DWR, including any requirement to file new GSA
notices
XI Notice Provisions
All notices required by this MOA shall be made in writing and delivered to the respective
representatives of the Parties at their respective addresses as follows
Attn General Manager
Beaumont Cherry Valley Water District 1210 Beaumont Avenue
Attn General Manager Beaumont, California 92223
560 Magnolia Avenue
Beaumont, California 92223 Yucaipa Valley Water District
Attn General Manager
12770 Second Street
City of Redlands Yucaipa, California 92399
Attn MUED Director
35 Capon Street
Redlands, California 92373
San Gorgonio Pass Water Agency
Any Party may change the address to which notices are to be given under this MOA by
providing all other Parties with written notice of such change at least fifteen (15) calendar days
prior to the effective date of the change All notices shall be effective upon receipt and shall
be deemed received upon confirmed personal service, confirmed courier service, or on the
fifth (5t") calendar day following deposit of the notice in registered first class mail
XII General Terms
2017 San Timoteo Subbasin MOA Page 5 of 12
A Amendments Amendments to this MOA require unanimous written consent of all
Parties and approval by the Parties' respective governing bodies
B Successors and Assians The terms of this MOA shall be binding upon all successors
in interest and assigns of each Party, provided, however, that no Party shall assign its
rights or obligations under this MOA without the signed written consent of all other
Parties to this MOA
C Waiver No waiver of any provision of this MOA by any Party shall be construed as a
further or continuing waiver of such provision or any other provision of this MOA by the
waiving Party or any other Party
D Authorized Representatives Each person executing this MOA on behalf of a Party
hereto affirmatively represents that such person has the requisite authority to sign this
MOA on behalf of the respective Party
E Exemption from CEQA The Parties recognize and agree that, pursuant to SGMA
Section 10728 6 and Public Resources Code Section 21065, neither this MOA nor the
preparation or adoption of a GSP constitute a "project" or approval of a project under
the California Environmental Quality Act (CEQA) or the State CEQA Guidelines, and
therefore this MOA is expressly exempt from CEQA review
F Governina Law and Venue This MOA shall be governed by and construed in
accordance with the laws of the State of California Any suit, action, or proceeding
brought under the scope of this MOA shall be brought and maintained to the extent
allowed by law in the County of Riverside, California
G Attornev's Fees Costs and Expenses In the event of a dispute among any or all of
the Parties arising under this MOA, each Party shall assume and be responsible for its
own attorney's fees, costs, and expenses
H Entire Agreement/Integration This MOA constitutes the entire agreement among the
Parties regarding the specific provisions of this MOA, and the Parties hereto have
made no agreements, representations or warranties relating to the specific provisions
of this MOA which are not set forth herein
I Construction and Interpretation The Parties agree and acknowledge that this MOA
has been developed through a negotiated process among the Parties, and that each
Party has had a full and fair opportunity to review the terms of this MOA with the advice
of its own legal counsel and to revise the terms of this MOA, such that each Party
constitutes a drafting Party to this MOA Consequently, the Parties understand and
agree that no rule of construction shall be applied to resolve any ambiguities against
any particular Party as the drafting Party in construing or interpreting this MOA
J Force Maieure No Party shall be liable for the consequences of any unforeseeable
force majeure event that (1) is beyond its reasonable control, (2) is not caused by the
fault or negligence of such Party, (3) causes such Party to be unable to perform its
obligations under this MOA, and (4) cannot be overcome by the exercise of due
diligence In the event of the occurrence of a force majeure event, the Party unable to
perform shall promptly notify the other Parties in writing to the extent practicable It
shall further pursue its best efforts to resume its obligations under this MOA as quickly
as possible and shall suspend performance only for such period of time as is
necessary as a result of the force majeure event
2017 San Timoteo Subbasin MOA Page 6 of 12
K Execution in Counterparts This MOA may be executed in counterparts, each of which
shall be deemed an original and all of which when taken together shall constitute one
and the same instrument
L No Third Partv Beneficiaries This MOA is not intended, and will not be construed, to
confer a benefit or create any right on a third party or the power or right of any third
party to bring an action to enforce any of the terms of this MOA
M Timing and Captions Any provision of this MOA referencing a time, number of days,
or period for performance shall be measured in calendar days The captions of the
various articles, sections, and paragraphs of this MOA are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content,
terms, or intent of this MOA
IN WITNESS WHEREOF, the Parties hereto have approved and executed this MOA as of the
respective dates specified in the adopting Resolution of each Party as provided above in Article III of
this MOA
[The remainder of this page has been intentionally left blank]
[Signature pages to follow]
2017 San Timoteo Subbasin MOA Page 7 of 12
BEAUMONT CHERRY VALLEY WATER DISTRICT
By
President, Board of Directors
Attest
Secretary, Board of Directors
Approved as to form
Counsel, Beaumont Cherry Valley Water District
Notices for the Beaumont Cherry Valley Water District shall be sent as follows
Attention General Manager
560 Magnolia Avenue
Beaumont, California 92223
With copies to
2017 San Timoteo Subbasin MOA Page 8 of 12
CITY OF REDLANDS
By
Mayor 3 U R 7 H P S R U H, City Council
Attest
& L W \ & O H U N, City Council
Approved as to form
Counsel, City of Redlands
Notices for the City of Redlands shall be sent as follows
Attention MUED Director
35 Cajon Street
Redlands, California 92373
With copies to
2017 San Timoteo Subbasin MOA Page 9 of 12
SAN GORGONIO PASS WATER AGENCY
By
President, Board of Directors
Attest
Secretary, Board of Directors
Approved as to form
Counsel, San Gorgonio Pass Water Agency
Notices for the San Gorgonio Pass Water Agency shall be sent as follows
Attention General Manager
1210 Beaumont Avenue
Beaumont, California 92223
With copies to
2017 San Timoteo Subbasin MOA Page 10 of 12
YUCAIPA VALLEY WATER DISTRICT
By
President, Board of Directors
Attest
Secretary, Board of Directors
Approved as to form
Counsel, Yucaipa Valley Water District
Notices for the San Gorgonio Pass Water Agency shall be sent as follows
Attention General Manager
12770 Second Street
Yucaipa, California 92399
With copies to
2017 San Timoteo Subbasin MOA Page 11 of 12
N
O
- ._ _—_ -—- l ; �j�%•y,�i� ''_ Forest ~� r
�=cn `
a � r
� Cin RI en tone - - fj�7.d1- � ��I � �• � / � 1 ! �
wh
O R.dl auris i}j',: �L f_ irne� -,CD _
I,. CRAE/fON HI L�'�3��• INI+u. .-t- - - yj _ J
07
ov
07
1 _
N ".fir'A t7�;
3 _ Yu colpo •I,
0 _ YUCA IPA VALLEY
S M70 U N 7-AIN 5 - -- - - Q ! � ' •
• �A��( p; BURRO FIATS
t l I T l �• r, t�f�,: Z' ii
MORENO VALLEY
:'r
—60— ' "d
B.mnmg G 0 P G 0 N 1 0 PASS
7 N N I N
Moreno 0
Valley
7
R1.0 ch,Url' ,.
Reserre
Base
n ral BER NASCONI HILLS
'Golf _
ru -tR N A PwjStam Ar
' - licreatwn Amo � •
� ri Ar � �/ � f• _
1•rr '�{
I
'R mo aEYPr ..
0 VALE
CD
O VRA IS VALLEY .r..__. ��' �rr� ...._
N