HomeMy WebLinkAboutContracts & Agreements_99-2017 MEMORANDUM OF AGREEMENT TO FORM A
GROUNDWATER SUSTAINABILITY AGENCY
FOR THE YUCAIPA SUB-BASIN
(Sub-basin No. 8-02.07)
This 2017 Memorandum of Agreement ("MOA") is entered into by and among South Mesa
Water Company ("SOUTH MESA"), South Mountain Water Company ("SOUTH MOUNTAIN"),
Western Heights Water Company ("WESTERN HEIGHTS") and Yucaipa Valley Water District
("YVWD°), herein collectively referred to as the "WATER PURVEYORS", and the City of
Calimesa ("CALIMESA"), the City of Redlands ("REDLANDS") and the City of Yucaipa
("YUCAIPA"), herein collectively referred to as the "MUNICIPALITIES", and, the San Bernardino
Valley Municipal Water District ("SAN BERNARDINO VALLEY MUNICIPAL") and the San
Gorgonio Pass Water Agency ("SAN GORGONIO"), herein collectively referred to as the
'REGIONALS The MUNICIPALITIES are sometimes herein collectively referred to as the
"LAND USE AGENCIES ° Each of the above-described entities is individually referred to as a
"Party" and are collectively referred to as the "Parties" For purposes of this MOA, SOUTH
MESA, SOUTH MOUNTAIN and WESTERN HEIGHTS are collectively referred to as the
"MUTUALS", and, the Parties other than the MUTUALS are collectively referred to as the
"LOCAL AGENCIES "
Pursuant to the Sustainable Groundwater Management Act ("SGMA") and as further set forth
herein, the purpose of this MOA is to form a Groundwater Sustainability Agency ("GSA") for the
entire Yucaipa Sub-basin (Basin or Sub-Basin No 8-02 07) in order to preserve local
management and control of the Basin as set forth under SGMA
The County of Riverside ("RIVERSIDE") and the County of San Bernardino ("SAN
BERNARDINO"), collectively "COUNTIES," shall be considered "Stakeholders" but not Parties
to this MOA
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,
including commencing with Section 65350 5, and codified in Part 2 74 of Division 6 of the
California Water Code, commencing with Section 10720, and amending other provisions of the
California Government Code and California Water Code, and
WHEREAS, SGMA went into effect on January 1, 2015, and,
WHEREAS, various clarifying amendments to SGMA were signed into law in 2015 including
Senate Bills 13 and 226, and Assembly Sills 617 and 939, which were codified in part in
California Water Code Section 10723 6(a), authorizing a combination of local agencies to form a
GSA pursuant to a joint powers agreement, a memorandum of agreement, or other legal
agreement, and, California Water Code Section 10723 6(b), authorizing water corporations
regulated by the California Public Utilities Commission and mutual water companies to
participate in a GSA through a memorandum of agreement or other legal agreement, and
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WHEREAS, the legislative intent and effect of SGMA, as set forth in California Water Code
Section 107201, includes the following (1) to provide for the sustainable management of
groundwater basins, (2) to enhance local management of groundwater consistent with rights to
use or store groundwater and Section 2 of Article X of the California Constitution, and to
preserve the security of water rights in the state to the greatest extent possible consistent with
the sustainable management of groundwater (3) to establish minimum standards for
sustainable groundwater management, (4) to provide local groundwater agencies with the
authority and the technical and financial assistance necessary to sustainably manage
groundwater, (5) to avoid or minimize subsidence, (6) to improve data collection and
understanding about groundwater, (7) to increase groundwater storage and remove
impediments to recharge, (8) to manage groundwater basins through the actions of local
governmental agencies to the greatest extent feasible, while minimizing state intervention to
only when necessary to ensure that local agencies manage groundwater in a sustainable
manner and (9) to provide a more efficient and cost-effective groundwater adjudication process
that protects water rights, ensures due process, prevents unnecessary delay, and furthers the
objectives of SGMA, and,
WHEREAS, SGMA affords GSAs specific powers to manage groundwater in addition to existing
legal authorities, which powers may be used to provide the maximum degree of local control
and flexibility consistent with the sustainability goals of SGMA, and,
WHEREAS, SGMA includes several un-codified findings by the California Legislature, including
the determination that the people of the state have a primary interest in the protection,
management, and reasonable beneficial use of the water resources of the state, both surface
and underground, and that the integrated management of the state's water resources is
essential to meeting its water management goals, and,
WHEREAS, the Basin, as depicted in Exhibit A to this MOA, is identified by the California
Department of Water Resources Bulletin 118 as Sub-basin No 8-02 07 of the Upper Santa Ana
Valley Groundwater Basin, and is designated by DWR as medium-priority, and,
WHEREAS, California Water Code Section 10720 7 requires the Basin, as a medium-priority
basin that 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, in order to avoid designation as a probationary basin and become subject to direct
intervention and management by the State Water Board, California Water Code Section
10735 2 requires that, by June 30, 2017 a collection of local agencies must form a GSA or
prepare agreements to develop one or more GSPs that will collectively serve as a GSP for the
entire Bann, in the event that a local agency has not decided to become a GSA that intends to
develop a GSP for the entire Basin, and,
WHEREAS, the LOCAL_ AGENCIES have water supply, water management, and/or land use
responsibilities for their respective jurisdictional areas overlying the Basin and are local
agencies as defined by SGMA in California Water Code Section 10721(n), and thus each is
authorized by SGMA to become or form a GSA, and,
WHEREAS the LOCAL AGENCIES' individually have jurisdictional and/or service areas within
and their collective jurisdictional areas and/or service areas cover the entirety of the Basin, with
no gaps in coverage, and,
2017 Yucaipa Sub-basin MOA Page 2 of 21
S801-013 3088672 1
i
WHEREAS, the WATER PURVEYORS, including the MUTUALS produce groundwater and
provide water service within the Basin, and it is the Parties' shared intent to provide for
management-level participation by the MUTUALS in the GSA to the maximum extent allowed by
law without limiting any powers afforded to a GSA under SGMA, and,
WHEREAS, the REGIONALS are State Water Contractors, and have the rights and duties of
such, including for the delivery of State Water Protect Water within the Basin, 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 Board, the Parties agree that the YUCAIPA-GSA formed by this
MOA will cover the entire Basin, and,
WHEREAS, the Parties mutually desire and intend to work with local stakeholders and
interested parties in the Basin that are not Parties to this MOA, 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 is to form the YUCAIPA-GSA for the Basin as
specified herein pursuant to applicable provisions and requirements of SGMA, including
but not limited to California Water Code Sections 10723 and 10723 6
[I[ Approval of MOA and Formation of the YUCAIPA-GSA. Approval of this MOA and
formation of the YUCAIPA-GSA shall be accomplished by the LOCAL AGENCIES each
holding its own noticed public hearing pursuant to California Water Code Section
10723(b) and California Goverm7ent 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 YUCAIPA-GSA as specified in this MOA Approval of this MOA by the
MUTUALS shall be accomplished through their respective governing boards' duly
authorized procedures
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
A "Basin" refers to the Yucaipa Sub-basin, designated by the California Department
of Water Resources Bulletin 118 as Sub-basin No 8-02 07, as depicted in
Exhibit A to this MOA
B "DWR" means the California Department of Water Resources
2017 Yucaipa Sub basin MOA Page 3 of 21
SS01013 3088672.1
4
C "GSA" means a Groundwater Sustainability Agency, as defined by SGMA
D "GSP" means a Groundwater Sustainability Plan, as defined by SGMA
E "Memorandum of Agreement" or "MOA" refers to this Memorandum of
Agreement
F "SGMA" refers to the Sustainable Groundwater Management Act, of 2014, as
amended
G "State Water Board" means the California State Water Resources Control Board
H "YUCAIPA-GSA° refers to the Yucaipa Sub-basin GSA formed under this MOA
V 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
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 Votina Methodoloav The voting structure for matters pertaining to the
establishment and implementation of the administrative components of the
YUCAIPA-GSA shall be by simple majority (51%) of the voting Parties, wherein
each WATER PURVEYOR, MUNICIPALITY and REGIONAL holds a single vote
V[ Rales and Responsibilities
A The YUCAIPA-GSA shall be controlled by a Governing Board comprised of one
representative of each of the Parties to this MOA
B The Parties agree to jointly establish their specific roles and responsibilities for
implementing this MOA including through the adoption of organizational
documents, management policies, rules and procedures
C The Parties agree to jointly develop and implement a GSP or coordinated GSPs
for the Basin in accordance with SGMA
D 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, including continuing 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,
2017 Yucaipa Sub-basin MOA Page 4 of 21
5861 013 3088672.1
metering monitoring hiring consultants, developing and maintaining list of
interested persons under California Water Code Section 10723 4, budgeting, and
other initial tasks as determined by the Parties
E The LOCAL AGENCIES shall coordinate with each other to cause all applicable
noticing and submission of required information to DWR regarding formation of
the YUCAIPA-GSA
V11 Funding and Budgeting The Parties shall work together to identify the costs, funding
needs and funding sources for the administration of the YUCAIPA-GSA and the
development and implementation of the GSP To the extent not otherwise funded in
accordance with or inconsistent with SGMA's provisions regarding GSA funding, the
PURVEYORS shall collectively bear seventy-five percent (75%) and the
MUNICIPALITIES and REGIONALS shall collectively bear twenty-five percent (25%) of
the cost of the creation and administration of the YUCAIPA-GSA, and within each group,
the Parties shall equally share in the costs of the creation and administration of the
YUCAIPA-GSA Nothing in this provision shall obligate any party to bear any portion of
the attorneys fees and legal costs of another Party
VIII Stakeholders The initially designated stakeholders are the COUNTIES The Parties
agree to work together in ensuring public outreach and involvement of the public and
other interested stakeholders throughout the SGMA process, including but not limited to
all beneficial uses and users of groundwater as provided in SGMA Section 10723 2
Stakeholders have no voting rights under Section V C and no cost sharing obligations
under Section VII of this MOA
Ix Term, Termination, and Withdrawal
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 After the YUCAIPA-GSA is officially established as the GSA for the
Basin, any Patty may decide, in its sole discretion, to withdraw from this MOA Dy
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 YUCAIPA-GSA with respect
to the non-withdrawing Parties In the event of withdrawal by one of the LOCAL
AGENCIES, the Parties shall meet and confer during the 90-day notice period
regarding (i) whether the withdrawing Party wishes to seek GSA status for a
portion of the Basin underlying the jurisdictional area or service area of the
withdrawing Party, (ii) whether, as a result of the withdrawal, a co-GSA
management or other arrangement with the withdrawing Party is necessary to
satisfy the requirements of SGMA, and (iii) any other issues and steps that are
necessary to avoid triggering probationary status of the Basin and State Water
Board intervention Any resolution of issues pertaining to withdrawal and any
2017 Yucaipa Sub-basin MOA Page 5 of 21
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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
X. 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
PARTIES
PURVEYORS
South Mesa Water Company
391 West Avenue L
Calimesa, California 92320
Attn Dave Armstrong, General Manager
Email smwcCcDverizon net
South Mountain Water Company
35 Capon Street
Redlands, California 92373
Attn Cecilia Griego, Water Resources Specialist
Email corieao(bcltvofredlands ora
Western Heights Water Company
32352 Avenue D
Yucaipa, California 92399
Attn William Brown, General Manager
Email w brownla)westernheiahtswater ora
Yucaipa Valley Water District
12770 Second Street
Yucaipa, California 92399
Attn Joseph, Zoba, General Manager
Email izoba(a)vvwd dst ca us
MUNICIPALS
City of Calimesa
908 Park Avenue
Calimesa California 92399
Attn Bonnie Johnson, City Manager
Email biohnson(@citvofcalimesa net
City of Redlands
35 Caton Street
Redlands, California 92373
Attn Chris Diggs, Municipal Utilities and Engineering Director
Email cdigQs(a)citvofredlands ora
2017 Yucaipa Sub basin MOA Page 6 of 21
5801 013 30886721
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Attn Ray Casey City Manager
Email rcasev cDvucaioa orct
REGIONALS
San Bernardino Valley Municipal Water District
380 E Vanderbilt Way
San Bernardino, CA 92408
Attn Douglas Headrick, General Manager& Chief Engineer
Email douglash(absbvmwd com
San Gorgonio Pass Water Agency
1210 Beaumont Avenue
Beaumont, CA 92223
Attn Jeff Davis, General Manager and Chief Engineer
Email idavis(c sQDwa com
STAKEHOLDER&
COUNTIES
County of Riverside
4080 Lemon Street
Riverside, CA 92501
Attn Steve Horn, Senior Management Analyst, Executive Office
Email shorn(@rceo orq
County of San Bernardino
385 N Arrowhead Avenue
San Bernardino, CA 92415-0120
Attn Bob Page, Principal Management Analyst, Special Projects
Email bpaae(a)sbcounty aov
Any Party or Stakeholder 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 facsimile delivery, confirmed courier service, or on the fifth (5t'') calendar day
following deposit of the notice in registered first class mail
XI General Terms
A Amendments Amendments to this MOA require the unanimous written consent
of all Parties and approval by the Parties' respective governing boards
B Successors and Assigns The terms of this MOA shall be binding upon and inure
to the benefit of the successors-in-interest and assigns of each Party, provided,
however, that no transfer or assignment shall be effective until approved by the
2017 Yucaipa Sub basin MOA Page 7 of 21
5801 013 3038671.2
Parties in accordance with the provisions of Section V C of this MOA Once
succession and/or assignment has been approved, a former Party shall have no
further rights or obligations under 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, 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 San Bernardino,
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 Aareementllntearation 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 that 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 Yucaipa Sub-basin MOA Page 8 of 21
S80 1-013-3065472.2
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 `
[Signature Pages Follow]
2017 Yucaipa Sub basin MOA Page 9 of 21
SRO[00-306$67'1
Water Purveyor Party
SOUTH MESA TER COMPANY
By
Attest
IN, � e
��-c i. q �
Sec to Board Directors
A prove as to form
Co sel outh Mesa Water Company
Notices for the South Mesa Water Company shall be sent as follows,
Attention General Manager
391 West Avenue L
Calimesa, California 92320
With copies to
Michael Duane Davis, Esq
GRESHAM SAVAGE NGLAN&TILIDEN PC
550 East Hospitality Lane
Third Floor
San Bernardino, CA 92408
2017 Yucaipa Suez-basin MOA Page 10 of 21
5801-013-3 068672.1
Water Purveyor Party
SOUTH MOUNTAIN WATER COMPANY
By
Chris Diggs
President, Board of Directors
Attest
Charlotte Van Eck
Secretary/Treasurer
Notices for the South Mountain Wafter Company shall be sent as follows
Attention General Manager
101 E Olive Avenue
Redlands, California 92373
With copies to
2017 Yucaipa Sub-basin MOA Page 11 of 22
SSE
Water Purveyor Party
WESTERN HEIGHTS WATER COMPANY
r'.
8y
'resident Boar of Directors
Attest
Secretary Boa.d 6f'-lVi'reSors
rove as to form
��,1�/���.C1.1 frl�f_a�L�
Co nsel, estern Heights Water Company
Notices for the Western Heights Water Company shall be sent as follows
Attention General Manager
32352 Avenue D
Yucaipa, California 92.399
With copies to
Michae€ Duane Davis Esq
GRESHAM SAVAGE NOLAN&TILDEN PC
550 East Hospitality Lane
Third Floor
San Bernardino, CA 92408
2017 Yucaipa Sub basin MOA Page 12 of 21
Water Purveyor Party
YUCAIPA VALLEY WATER DISTRICT
By ..�� _
Presid�E oard 6_Di
Attest J"
Secr tary, Board of Directo
Ap roved as to,form
Co nu sel, aipa�lley Water District
Notices for the Yucaipa Valley Water District shall be sent as follows
Attention General Manager
12770 Second Street
Yucaipa, California 92399
With copies to
2017 Yucaipa Sub basin MOA Page 13 of 21
5801 013 3088672]
Municipality Party.
CITY OF CALJMESA
By
Acte MayoVC�#f� puncil
S retary,City Council
Approved as to form
dounsel, bk-y of Calimesa
Notices for the City of Cahmesa shall be sent as follows.
Attention City Manager
908 Park Avenue
Calimesa,California 92320
With oopies to
2017 Yuce"Suh4xwn moA PVm 14 of 21
Municipality Party
CITY OF REDLANDS
By
Attest Paul W Foster, Mayor, City Council
—�/ A�ity
a.iJ ne DonaldsClerk
Approved as to form
Counsel, f Redlands
Notices for the City of Redlands shall be sent as follows
Attention City Manager
35 Capon Street
Redlands, California 92373
With copies to
2017 Yucaipa Sub-basin MOA Page 15 of 21
S801-013-3098672.1
RESOLUTION NO 7735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING A
MEMORANDUM OF AGREEMENT TO JOINTLY FORM A GROUNDWATER
SUSTAINABILITY AGENCY FOR THE YUCAIPA SUB-BASIN NO. 8-02 07 AND TO
COORDINATE WITH OTHER GROUNDWATER SUSTAINABILITY AGENCIES
WHEREAS, in September 2014, GoveMOr Jerry Brown sighed 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
Departinent of Water Resources (DWR), to enhance local management of groundwater, to
establish irlinimum standards for sustainable groundwater management, and to provide specified
local agencies with the authority and teclunical 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 SGMA, and
WHEREAS, the City of Redlands (City), as depicted in the snap attached hereto is
Exhibit "A', overlies portions of the basin, and is identified by the California DWR Bulletin 118
as Sub-basinn.No 8-02 07 of the Upper Santa Ana Valley Groundwater Basin; and
WHEREAS, in accordance with Water Code Section 10723(b) and Government Code
Section 6066, a notice of public hearing was published in a newspapei of general circulation
regarding the City's intent to become a GSA for the Yucaipa Sub-basin, as described in the
notice; and
WHEREAS, becoming a GSA supports the City's ongoing efforts to use local water
supplies in a way that increases its availability for future generations within the region and to
ensure groundwater and drnnlcing water sustainability within the area served,
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Redlands as
follows
Section 1 The City hereby elects to adopt the MOA for the geographical area depicted on
the map in Exhibit "A," attached to this Resolution.
Section 2 City staff is hereby directed to submit to DWR by June 01h2017, the MOA
attached to this Resolution as Exhibit "B "
Section 3, This City further determines that approval of thas Resolution is exempt from
review under California Environinental 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 environment This City Council finds with certainty that
I
[\cclerklRcsolucions\Rcs 7700 7799/7735 MOA for GSA for Yucaipa Subbasin.doc
there is no possibility the approval of this Resolution may have a significant effect on the
environment.
Section 4 This Resolution shall be effective upon its adoption
ADOPTED, SIGNED AND APPROVED this 6"' day of June, 2017
� z t
Paul W Foster, Mayoi
ATTEST-
ie Donaldson, City Clerk
2
1-1cc1crk\Rcso)udonARcs 7700 7799/7735 MOA foi GSA f03 Yucaipa 5ubbasin.dou
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 6t'day
of June, 2017, by the following vote
AYES Councilinernbers Harrison, Gilbreath, Barich, Tejeda, Mayor Poster
NOES, None
ABSTAIN None
ABSENT None
J a e Donaldson, City Clerk
3
1 lcclei•klResolut[onslRes 7700-779917735-MOA for GSA for Yocaspa Subbasm.doc
Municipality Party.
CITY OF YUCAIPA
By
Mayor, City Council
5t
Secretary, CiZ" ncil
Approves! as to form
0A 4 �y
Counsel, City of Yucaipa
Notices for the City of Yucaipa shall be sent as follows
Attention City Manager
34272 Yucaipa Boulevard
Yucaipa, California 92399
With copies to
2017 Yucaipa Sub-basin MOA Page 16 of 21
SS01--013--308S612.1
Regional Party
SAN BERNARDINO VALLEY MUNICIPAL WATER
DISTRICT `
By
president, Board of Directo
Attes
�r,�
ecretary, Bo rc3 Directors
Approved as to form
urtsei, San Bernardino Valley Municipal Water District
Notices for the San Bernardino Valley Municipal Water District shall be sent as follows
Attention General Manager
389 E Vanderbilt Way
San Bernardino, California 92498
With copies to
2417 Yucaipa Sub-basin MOA Page 17 of 21
S801 Oil DS9672.T
Regional Party
SAPS GORGONIO PASS WATER AGENCY
A 10
By,
President, Board of Dir for
Attest
?
Se Bard of Directors
Approved as to form
0"I�1/A
Coun 1, o onto
g Pra'ss 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 Yucaipa Sub basin MOA Page 18 of 21
S8D1-013-3688$72,1
COUNTY OF RIVERSIDE
{ OFLR►1, EXECUTIVE OFFICE ROB FIELD
1 '7f 4',¢ Ass ISTAWCOU TY EXECu 0")CER
ECONOMIC VUVELOFMEX17 GENCY
y� i
O * r1 * Q MICHAELT STOCK
U m AS515YANTCOUNEYEXECUTIVEOFFIcER
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PAUL McDONNELL
ASSISTANTCOUNTY FXEcUTIVEOFFICER
COUNTY FINANCE❑FICC rOR
GEORGE A JOHNSON
COUNTY E%ECUTIVE OFFICER
June 22, 2017
Mr Douglas Headrick
General Manager and Chief Engineer
San Bernardino Valley Municipal Water
District 380 E Vanderbilt Way
San Bernardino CA 92408
re Support for Yucaipa Sub-Basin GSA
Mr Headrick.
The County of Riverside appreciates the commitment of the cities of Calimesa Redlands and Yucaipa,
San Bernardino Valley Municipal Water District,San Gorgonio Pass Water Agency, Yucaipa Valley Water
District, South Mesa Water Company, South Mountain Water Company, and Western Heights Water
Company to maintain local control of the Yucaipa Sub Basin and to work together through a
Memorandum of Agreement to sustainably manage the basin's groundwater resources in a way that
considers the interests of all beneficial uses and users
As the County is also eligible to serve as the Groundwater Sustainability Agency for the Yucaipa Sub
Basin, the County wishes to assure you that It does not intend to adopt a competing Groundwater
Sustainability Agency formation resolution and notification of the California Department of Water
Resources
Ifyou should have any questions, please contact me at 951-955-1110 or by email at aaannCa7rivco orci
Sincerely,
el
Alex Gann
Deputy County Executive Officer
ec Steve Van Stockum, Director, Riverside County Department of Environmental Health
Jeff Johnson, Deputy Director, Riverside County Department of Environmental Health
Jason Uhley, General Manager-Chief Engineer, Riverside County Flood Control
And Water Conservation District
ROBERT ANDERSEN COUNTY ADM]NISTRATNE CENTER
4080 LEMON STREET•FOURTH FLOOR•RIVERSIDE CALIFORNIA 92501 •(951)955-11 TO•FAX(951)955-1094
3B5 N Arrowhead Avenue 51" Floor San Bernardino CA 92415 Phone 909 387 4830 Fax 909 387 3029
SAN BhRNARDINO Board of Supervisors
COUNTY
May 23,2017
Mr Douglas Headrick
General Manager and Chief Engineer
San Bernardino Valley Municipal Water District
380 E Vanderbilt Way
San Bernardino,CA 92408
Re Support for Yucaipa Sub-Basin Groundwater Sustainability Agency
Mr Headrick
On May 23, 2017,the County of San Bernardino Board of Supervisors voted to communicate the County's support
of the cooperative efforts of the Yucaipa Sub-Basin Groundwater Sustainability Agency to manage groundwater in
the Yucaipa Sub-Basin (No 8-2 07)in compiiance with the California Sustainable Groundwater Management Act
The County appreciates the commitment of the cities of Caiimesa, Redlands and Yucaipa, San Bernardino Valley
Municipal Water District,San Gorgonio Pass Water Agency,Yucaipa Valley Water District South Mesa Water
Company,South Mountain Water Company,and Western Heights Water Company to maintain local control of the
Yucaipa Sub-Basin and to work together through a Memorandum of Agreement to sustainably manage the basin's
groundwater resources in a way that considers the interests of all beneficial uses and users
As the County is also etigible to serve as the Groundwater Sustainability Agency for the Yucaipa Sub-Basin,the
County wishes to assure you that the County does not intend to adopt a competing Groundwater Sustainability
Agency formation resolution and notification of the California Department of Water Resources To that end,on
March 7, 2017,the Board of Supervisors adopted a resolution that the County would not be the Groundwater
Sustainability Agency for 11 groundwater basins and sub-basins in the county,including Yucaipa Sub Basin A copy
of this resolution ss attached
If you should have any questions, please contact Bob Page, Principal Management Analyst, at(909)387-4384 or by
email at baaize0cao sbcounty Rov Thank you
Sincerely,
Robert A Lovingood
Chairman and First District Supervisor
13oard of Supervisors
County of San Bernardino
SUPERVISORSBOARD OF
DistrictChairmia.First District Mce ChaArman,Fourth District Fifth District
REPORTIRECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
May 23, 2017
FROM DENA M. SMITH, Interim Chief Executive Officer
County Administrative Office
SUBJECT SUPPORT FOR BEAR VALLEY BASIN AND YUCAIPA BASIN
GROUNDWATER SUSTAINABILITY AGENCIES
RECOMMENDATION(S)
1 Approve and authorize submission of letters of support for the cooperative efforts of cities,
water districts and wafer companies to manage groundwater in compliance with the California
Sustainable Groundwater Management Act in the following groundwater basins
a Bear Valley Basin (No 8-9)
b Yucaipa Sub-Basin (No 8-2 07)
2 Authorize the Chairman of the Board of Supervisors or the Chief Executive Officer to execute
similar letters of support, subject to review by County Counsel, for local agency efforts to
manage other groundwater basins in San Bernardino County that must comply with the
California Sustainable Groundwater Management Act for which the County has previously
notified the California Department of Wafer Resources that the County will not serve as the
Groundwater Sustamability Agency
(Presenter Bob Page, Principal Management Analyst, 387-5425)
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS AND OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Providing letters of support to local agencies forming Groundwater Sustainability Agencies
(GSRs) will not result in the use of additional Discretionary General Funding (Net County Cost)
BACKGROUND INFORMATION
Effective January 1, 2015, the California Sustainable Groundwater Management Act (SGMA)
requires local water and land use agencies to sustainably manage 127 groundwater basins and
sub-basins (basins) that have been designated by the California Department of Water Resources
(DWR) as medium or high priority SGMA mandates that one eligible local agency or multiple
eligible local agencies form a GSA for each of these basins by June 30, 2017 with the
responsibility of developing and implementing a Groundwater Sustainability Plan (GSP)
Page 1 of 3
cc. CAO-Smith Record of Acti e Board of Supervisors
CAO-Page w/Letters of Support APP ECci~`�CbN�S �C/aLENDAR)
CAO-Shea ,,,��
File-Administrative Office w/copy TY OF SAh bERNARMNO
of LettersO�`Beard of SupierVis&s
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5124/17 i
MOTION E � ...AYE SECOND 1,S MOVE AYE
ITEM 55 �1 r y ti 2 13 4 5
LAURA H Wt-. .e C K OF THE OARD
BY
fire 71216 DATED- May 23, RDINO
SUPPORT FOR BEAR VALLEY BASIN AND YUCAIPA BASIN
GROUNDWATER SUSTAINABILITY AGENCIES
MAY 23, 2017
PAGE 2 OF 3
DWR has designated Bear Valley Basin as medium priority DWR has also defined the
boundaries of the Bear Valley Basin in its Bulletin 118 and assigned it No 8-9 The City of Big
Bear Lake, the Big Bear City Community Services District and the Big Bear Municipal Water
District have formed the Bear Valley Basin Groundwater Sustainability Agency (Bear Valley Basin
GSA), a joint powers authority that became effective on April 26 2017 with the purpose to
become the exclusive GSA for the Bear Valley Basin
DWR has designated Yucaipa Sub-Basin as medium priority DWR has also defined the
boundaries of the Yucaipa Sub-Basin in its Bulletin 118 and assigned it No 8-2 07 Negotiations
of a Memorandum of Agreement (MOA) regarding the formation of a GSA for the Yucaipa Sub-
Basin completed in April The MOA was circulated for approval by June from the governing
bodies of the following parties to the MOA the cities of Calimesa, Redlands and Yucaipa, San
Bernardino Valley Municipal Water District, San Gorgonio Pass Water Agency, Yucaipa Valley
Water District, South Mesa Water Company, South Mountain Water Company, and Western
Heights Water Company
Before either GSA can be the exclusive GSA for their respective basin; SGMA requires that they
hold a noticed public hearing to adopt a resolution to become the exclusive GSA The Bear Valley
Basin GSA hearing is scheduled for lviay 25, 2017 The parties to Yucaipa Sub-Basin GSA MOA
will hold separate public hearings on various dates before June 30, 2017 The GSAs will then
have 30 days to notify DWR of their decisions, providing among other things a map of the service
areas of the parties within each basin (attached) and a list of all beneficial uses and users of the
groundwater and how their interests will be considered in the operation of the GSAs and the
development and implementation of their GSPs
DWR will post the notices on its SGMA Portal on its website (sgma water ca gov/portal/#intro)
Other eligible local agencies in each basin, including the County, will then have 90 days to file a
competing GSA notice If no competing notices are filed with DWR, the Bear Valley Basin GSA
and Yucaipa Sub-Basin GSA will become the exclusive GSAs for their basins On March 7, 2017
(Item No 20), the Board of Supervisors (Board) adopted a resolution that the County would not
be the GSA for 11 groundwater basins and sub-basins in the county, including Bear Valley Basin
and Yucaipa Sub-Basin The Board adopted a similar resolution covering five other basins on
January 10, 2017 (Item No 21)
The parties to these GSAs requested that the County support their efforts If approved by the
Board, the recommended letters will be provided to the Bear Valley Basin GSA and Yucaipa Sub-
Basin GSA
If local agencies in any of the other 14 basins covered by the Board's January 10 and March 7
resolutions request support of their GSA, approval of Recommendation No 2 will authorize the
Chairman of the Board or the Chief Executive Officer to execute similar letters of support, subject
to review by County Counsel
5/23/17 a`#55
SUPPORT FOR BEAR VALLEY BASIN AND YUCAIPA BASIN
GROUNDWATER SUSTAINABILITY AGENCIES
MAY 23, 2017
PAGE 3 OF 3
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A Akins, Deputy County Counsel, 387-
5001) on May 5, 2017, Finance (Stephenie Shea, Administrative Analyst 387-4919) on May 8,
2017, and County Finance and Administration (Katrina Turturro, Deputy Executive Officer, 387-
5423) on May 8, 2017
5123/17#55
RESOLUTION NO 2417-I8 C(OPY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, APPROVING THE MEMORANDUM
OF AGREEMENT TO FORM A GROUNDWATER
SUSTAINABILITY AGENCY FOR THE YUCAIPA SUB-BASIN
WITH THE CITIES OF CALIMESA AND REDLANDS; THE
SOUTH MESA WATER COMPANY, THE SOUTH MOUNTAIN
WATER COMPANY, THE WESTERN HEIGHTS WATER
COMPANY; THE YUCAIPA VALLEY WATER DISTRICT; THE
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT,
AND THE SAN GORGONIO PASS WATER AGENCY
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,
including commencing with Section 65350 5, and codified in Part 2 74 of Division 6 of the
California Water Code, commencing with Section 10720, and amending other provisions of the
California Government Code and California Water Code, and
WHEREAS, various clarifying amendments to SGMA were signed into law in 2015,
including Senate Bills 13 and 226, and Assembly Bills 617 and 939, which were codified in part
in California Water Code Section 10723 6(a), authorizing a combination of local agencies to
farm a Groundwater Sustainability Agency (GSA) pursuant to a joint powers agreement, a
memorandum of agreement, or other legal agreement, and, Califomia Water Code Section
10723 6(b), authorizing water corporations regulated by the California Public Utilities
Commission and mutual water companies to participate in a GSA through a memorandum of
agreement or other legal agreement, and
WHEREAS, the Yucaipa Sub-Basin (Basin) is identified by the California Department of
Water Resources (DWR) Bulletin 118 as Sub-Basin No 5-02 07 of the Upper Santa Ana Valley
Groundwater Basin, and is designated by DWR as a medium priority basin; and
WHEREAS, California Water Code Section 10720 7 requires the Basin, as a medium
priority basin that is not designated by DWR as being subject to critical conditions of overdraft,
to be managed by Groundwater Sustainability Plan by January 31,2022, and
WHEREAS, the Cities of Yucaipa, Calimesa and Redlands, the Yucaipa Valley Water
District, the South Mountain Water Company, the San Bernardino Valley Municipal Water
District, and the San Gorgonio Pass Water Agency have water supply, water management,
and/or land use responsibilities for their respective jurisdictional areas overlying the Basin and
are local agencies as defined by SGMA, and thus each is authorized by SGMA to become or
form a GSA, and
WHEREAS, the South Mesa Water Company and the Western Heights Water Company
produce groundwater and provide water service NA ithin the Basin, and it is the intent to provide
for management-level participation by these Water Companies in the GSA
WHEREAS, the City held a public hearing on May 22, 2017, after publication of notice
pursuant to Government Code Section 6066 to consider adoption of this Resolution, and
WHEREAS, adoption of this Resolution does not constitute a "Project" under the
California Environmental Quality Act (CEQA) pursuant to 15060(c)(3) and 15378(b)(5) of the
State CEQA Guidelines because it is an administrative action that does not result in any direct or
indirect physical change in the environment
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS
Adopt Resolution No 2017-18 approving the Memorandum of Agreement to form a
Groundwater Sustainability Agency for the Yucaipa sub-basin with the Cities of Calimesa and
Redlands, the South Mesa Water Company, the South Mountain Water Company, the Western
Heights Water Company, the Yucaipa Valley Water District, the San Bernardino Valley
Municipal Water District, and the San Gorgonio Pass Water Agency
PASSED,APPROVED, and ADOPTED this 22nd day of May, 2017
l 144
DICK RIDDELL, MAYOR
ATTEST
c LL,�
JENNIFERSH LAND, CITY CLERK