Loading...
HomeMy WebLinkAboutContracts & Agreements_83-1997_CCv0001.pdf ��FpY t0l�;YAhpk�f SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT 101 East Redlands Boulevard, Suite 247 +'M new PO_ Box 1839, Redlands CA 92373-0581 Established in 1932 Telephone (909) 793-2503 • FAX (909) 793-0188 March 31, 1998 City Clerk's Office City of Redlands P.O. Box 3005 Redlands, CA 92373 Subject: First Amendment to Memorandum of Understanding Regarding Coordinated Planning Activities Pertaining to the Santa Ana RiverWash Area City Clerk: Please find enclosed the City of Redlands copy of the above captioned document which has been executed by all participating agencies. If you have any questions, please feel free to contact me at (909) 793-2503. Sincerely, 2��alo_r� D. Burnell Cavender General Manager BOARD Bert Marcum, 11 Arnold L. Wright Cheryl A. Tubbs GENERAL D_ Burnell Cavender, AICD OF Clare Henry Dav Sterling Woodbury Melody Henriques MANAGER DIRECTORS Manuel Aranda,Jr. Developed: August 13, 1997 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING REGARDING COORDINATED PLANNING ACTIVITIES PERTAINING TO THE SANTA ANA RIVER WASH AREA This FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING ("Memorandum") is entered into between the BUREAU OF LAND MANAGEMENT, an agency of the United States Department of Interior("BLM"); the CITY OF HIGHLAND, a general law city("Highland"); the CITY OF REDLANDS, a general law city("Redlands"); the COUNTY OF SAN BERNARDINO, representing both the County, a charter county, and the County Flood Control District, a special governmental district,("County"); and the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, a special governmental district(Conservation District), effective as of the date on which the last party hereto executes this Memorandum. EXPLANATORY RECITALS A. This Memorandum supersedes the original memorandum of understanding between the parties (except BLM) dated March 23, 1993. This Memorandum is developed to add the BLM as a member,to change the single advisory committee to a policy level committee and add a technical advisory committee at the senior staff level of the parties and other affected agencies, and establish the Conservation District as the permanent chair of the policy level committee. B. Highland and Redlands share a contiguous boundary in that area of San Bernardino County known as the Santa Ana River Wash and depicted on the map attached hereto as Exhibit -A" ("Wash"). By reason of development within their respective boundaries in the vicinity of the Wash, and because the residents and water users within Highland and Redlands satisfy a substantial portion of their beneficial water needs from groundwater captured and conserved within the Wash, Highland and Redlands each have an interest in the planning for, and implementation of, activities and uses within the Wash. C. A portion of the Wash is within the unincorporated territory of the County, and the County has an interest in the planning for and implementation of activities and uses within the Wash. The County has transportation plans which may include proposals to construct roadways over and adjacent to the Wash, and the County Flood Control District owns substantial amounts of properties and operates flood control facilities in the Wash. The County Flood Control District is also one of the local sponsors for the U. S. Army Corps of Engineers federally funded Seven Oaks Dam and Reservoir project, and is responsible for managing the project features within the Wash, as well as other flood control rights of ways and facilities. I D. The BLM manages public land of the United States located in the Wash. In 1909, Congress specifically withdrew these lands from the operation of the public land laws for the purpose of supporting water conservation. The BLM managed lands in the Wash were designated an Area of Critical Environmental Concern (ACEC) in 1996. Therefore,the BLM has an interest and regulatory authority in the planning for, and implementation of. activities in the Wash that could impact the ACEC designation of BLM lands in the Wash. - E. The Conservation District has as its primary purpose the conservation of waters of the Santa Ana River for the benefit of the residents, water users, and lands within its boundaries, and owns a substantial portion of the land within the Wash. The Conservation District owns and operates water conservation and water spreading facilities in the Wash, and intends over time to develop additional conservation facilities to continue to meet the future water needs of the residents, water users, and lands withing the Conservation District. Many of these facilities may be developed as a result of, or pursuant to, mining and reclamation on Conservation District lands within the Wash. F. The parties mutually desire to enter into this Memorandum and to create an organizational structure to review programs, offer recommendations regarding proposed activities within and affecting the Wash, and to facilitate coordinated planning of private and governmental activities within the Wash. NOW THEREFORE, Highland, Redlands, the County, BLM, and the Conservation District agree as follows: I Creation and Membership of Coordinating Committee. There is hereby created a Santa Ana River Wash Area Coordinating Planning Activities Committee ("SARWACPAC"or the "Wash Committee") for the purpose of facilitating the implementation of coordinated planning programs within the Wash. 1.1. The Wash Committee shall have a Policy Action Committee (PAC) composed of one representative from each party's highest governing, legislative decision-making, and/or policy-making body; i.e., City Council, Board of Supervisors (Appropriate District), or Board of Directors, etc, unless changed in accordance with paragraph 7 below, 1.2. The Wash Committee shall also have Technical Advisory Committee (TAC} which is advisory to the PAC. The TAC shall be composed of a representative from the staff of each agency that owns or uses land, or has zoning or other land use approval permitting authority over land located in the Wash. A list of these agencies is provided at Exhibit"B." The list may be changed with approval of the PAC. Attendance at TAC meetings shall not be limited to TAC members, and the PAC may expand or otherwise modify the TAC, or create associate or other classes of TAC members, in its discretion. 1.3. Each party shall, within 30 days of the effective date of this Memorandum, designate one primary and one alternate member to serve as that party's 2 representatives to the Wash Committee, both PAC and TAC. 2. Internal Organization of the Wash Committee. 2.1. The PAC shall meet no less than twice annually or more frequently as may be called by the Chairperson based on the need to be informed about specific information or the need to initiate implementation of specific actions. Any two of the members of the PAC may request to the Chairperson that a meeting be called. The TAC shall meet as necessary when called by the Chairperson to expedite actions for a specific issue. 2.2. The PAC shall be chaired by the representative of the Board of Directors of the Conservation District. The TAC shall elect its own leadership. 2.3. Meetings of the PAC and TAC shall be conducted in the offices of the Conservation District. The Conservation District shall provide staff support for the PAC and TAC, which shall include the preparation of meeting agendas, minutes, and distribution of other materials as may be requested by members of the PAC and TAC. Any member of the PAC or TAC may request to the Conservation District that an item be placed on their respective agenda. 2.4. Three members present at a PAC meeting shall constitute a quorum for the transaction of business. However, except as otherwise specified herein, any action of the PAC shall require the unanimous vote of all members (or their alternates)in attendance at the meeting. The TAC will typically not vote, but seek consensus. When necessary, a report to the PAC shall contain both majority and minority views. 2.5. As necessary, the Chair of the TAC may establish an ad hoc group to work on a specific issue assigned by the PAC or identified by a TAC member. The ad hoc group shall report its findings to the TAC, and PAC as appropriate. 3. Advisory Nature of the.Wash Committee. The Wash Committee shall have no ultimate administrative, legislative, or adjudicative powers, and shall have no power to bind any of the parties to the Memorandum. However, the Wash Committee may both provide recommendations to the parties and other public and private entities on matters pertaining to the Wash, and facilitate coordination of planning efforts by the parties relating to Wash activities. The Wash Committee shall have no independent staff, any financial resources required by the Wash Committee may be provided voluntarily by one or more of the parties. 4. Purposes of the Wash Committee. The purposes of the Wash Committee may include, but shall not be limited to, the following: a. Review of general plan designations and zoning and building regulations adopted by Highland, Redlands, and the County with respect to the Wash, and evaluation of the compatibility and consistency of land use regulations within the Wash. 3 b. Review land use planning proposals initiated by the BLM with respect to public lands in the Wash, and evaluate the compatibility and consistency of such proposals with Wash planning activities. C. Review and evaluation of proposed programs within the Wash to replenish or recharge local groundwater supplies. d. Review and evaluation of proposed sand and gravel excavation operations and activities within the Wash, including such operations and activities within land owned by the Conservation District and other lands. e. Review and evaluation of proposals to construct highways and regional and local roadways across or in the vicinity of the Wash. f. Review and evaluation of proposals for flood control facilities within, or which would impact, the Wash, including proposals for operation of the Seven Oaks Dam and Reservoir. 9- Review and evaluation of proposals for the management of candidate and listed threatened and endangered flora and fauna species in the Wash, including the currently proposed County Multi-Species Habitat Conservation Plan. h. Review and evaluation of documentation prepared under the California Environmental Quality Act, Public Resources Code Section 21000, et se ("CEQA") pertaining to activities within or which may impact the Wash, and facilitate the coordination of CEQA documentation and activities pertaining to matters affecting the Wash. i. Review and evaluation of plans,permits, and supporting documentation prepared under the Surface Mining and Reclamation Act, Public Resources Code Section 2710, et.seq. ("SMARA") pertaining to existing and proposed mining and mineral extraction activities within or which may impact the Wash; and facilitate coordination of SMARA processing with respect to proposed mining and mineral extraction activities within the Wash. j. Review and evaluation of plans, permits, or proposals for groundwater cleanup or other groundwater remedial programs that affect, or would be affected by, water conservation activities within the Wash. k. Review and evaluation of plans, permits, or proposals for parks and recreation programs that affect or would be affected by activities within the Wash. 1. Review and evaluation of proposals for the installation of any utility in, on, or across the Wash which may impact the current or planned operations of other agencies in the Wash. M. Review and evaluation of proposals for water rights associated with the Santa Ana River and its tributaries that affect or could affect water conservation and other activities within the Wash. S. No Liability. No party shall be liable for any act or omission of any other party hereto. 6. Notices: Any notice, instrument, or other writing required to be given or delivered by this Memorandum shall be by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: 4 If to Highland: Community Development Director City of Highland 27215 Baseline Highland, CA 92')46 If to Redlands: Community Development Director City of Redlands P.O. Box 3005 Redlands, CA 92373 If to the County: Supervisor, 3' District County of San Bernardino 385 North Arrowhead Avenue San Bernardino, CA 92415-0110 If to the BLM Area Manager, California Desert District Bureau of Land Management P.O. Box 2000 North Palm Springs, CA 92258-2000 If to the Conservation District: General Manager San Bernardino Valley Water Conservation District P.O. Box 1839 Redlands, CA 92373-0581 Or such other person or address as any party may direct to the other in writing. 7. Expansion of the PAC. Upon written approval of all of the then existing parties to the PAC,the membership of the PAC may be expanded to include other public entities. Any entity so included shall select representatives in the manner set forth in Paragraph I above, and shall then have all of the rights and obligations of a member of the PAC. 8. Withdrawaland Termination. Any party may withdraw from the Wash Committee by written notice to the remaining parties. Unless otherwise agreed in writing,this Memorandum and the Wash Committee shall continue so long as two or more parties desire to maintain the Wash Committee. 9. Amendmenttothe Memorandum. This Memorandum may be amended by written instrument duly executed on behalf of all of the parties to this Memorandum. 5 IN WITNESS WHEREOF,the parties hereto have entered into this Memorandum as of the day and year set forth above,the last of which shall be the effective date of this Memorandum. CI OF HIG AN APPROVED AS TO FORM: Afity Attorney tt t0S ey ;000 Attest, City Clerk CITY OF REDLANDS APPROVED AS TO FORM: Mayor City Attorney Attest:_ City Clerk COUNTY OF SAN BERNARDINO APPROVED AS TO FORM: Chairperson, Board of Supervisors County Counsel Attest: Clerk of the Board BUREAU OF LAND MANAGEMENT APPROVED AS TO FORM: Area Manager, Palm Springs-South Coast Resource Area Counsel SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT APPROVED AS TO FORM: President, Board of Directors General Counsel Attest: Board Secretary 6 IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum as of the day and year set forth above, the last of which shall be the effective date of this Memorandum. APPROVED AS TO FORM: CITY OF HIGHLAND City Attorney Mayor Attest: City Clerk CITY Ok REDLA S APPROVED AS TO FORM: Mayc;Y City Attorney Attest: Ci Clerk COUNTY OF SAN BERNARDINO APPROVED AS TO FORM: Chairperson, Board of Supervisors County Counsel Attest: Clerk of the Board BUREAU OF LAND MANAGEMENT APPROVED AS TO FORM: Area Manager, Palm Springs-South Coast Resource Area Counsel SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT APPROVED AS TO FORM: President, Board of Directors General Counsel Attest: Board Secretary 6 IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum as of the day and year set forth above, the last of which shall be the effective date of this Memorandum. CITY OF HIGHLAND APPROVED AS TO FORM: Mayor City Attorney Attest: City Clerk CITY OF REDLANDS APPROVED AS TO FORM: Mayor City Attorney Attest: City Clerk ACson F SAN B ARDINO and acting as body o he Flood Control District APPROVED AS TO FORM: SEP oar of Supervisors County Counsel Attest: �rk of the Board BUREAU OF LAND MANAGEMENT APPROVED AS TO FORM: Area Manager, Palm Springs-South Coast Resource Area Counsel SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT APPROVED AS TO FORM: President, Board of Directors Gen Attest: �.��F S fJA�rRGf Board Secretary SIEPJED AND DucumENT : `# f MAN IF Tri ,4 B, - ---- 6 IN WITNESS WHEREOF,the parties hereto have entered into this Memorandum as of the day and year set forth above, the last of which shall be the effective date of this Memorandum. CITY OF HIGHLAND APPROVED AS TO FORM: Mayor City Attorney Attest:_ City Clerk CITY OF REDLANDS APPROVED AS TO FORM: Mayor City Attorney Attest:_ City Clerk COUNTY OF SAN BERNARDINO APPROVED AS TO FORM: Chairperson, Board of Supervisors County Counsel Attest: Clerk of the Board BUREAU OF LAND MANAGEMENT APPROVED AS TO FORM: AD( Area Manager, Pal Springs-South Coast Resource Area NOT REQUIRED Counsel SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT APPROVED AS TO FORM: President, Board of Directors General Counsel Attest: Board Secretary 6 IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum as of the day and year set forth above, the last of which shall be the effective date of this Memorandum. CITY OF HIGHLAND APPROVED AS TO FORM: Mayor City Attorney Attest:_ City Clerk CITY OF REDLANDS APPROVED AS TO FORM: Mayor City Attorney Attest:_ City Clerk COUNTY OF SAN BERNARDINO APPROVED AS TO FORM: Chairperson, Board of Supervisors County Counsel Attest: Clerk of the Board BUREAU OF LAND MANAGEMENT APPROVED AS TO FORM: Area Manager, Palm Springs-South Coast Resource Area Counsel SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT APPROVED AS TO FORM: zz Aag - Pre ent, Board of gtec/—tors General Co el Board Secretary 6 Awe or ap .. ... �" �kk :r,r 'I Ill 30- 'B. COUNfy"I EXHIBIT f11111 LIST OF WASH COMMITTEE MEMBER AGENCIES Policy Action Committee (PAC) Bureau of Land Management City of Highland City of Redlands County of San Bernardino Water Conservation District Technical Advisory Committee (TACE Bureau of Land Management City of Highland City of Redlands County of San Bernardino (Planning Dept) County Flood Control District Water Conservation District U. S. Fish& Wildlife Service California Dept of Fish & Game U. S. Army Corps of Engineers MWD of Southern California San Bernardino Valley MWD Orange Co Planning Dept Dept of Water Resources San Gorgonio Pass Water Agency East Valley Resource Cons District CALTRANS CALTRANS (Environ) East Valley Water District Inland Valley Development Auth City of San Bernardino Water Dept Robertson's Ready Mix Sunwest Materials Nature Conservancy Environmental Organizations* * Associate members,such as the Tri-County Conservation League, Sierra Club,Autobohn Society, League of Women Voters, and other similarly focused interest groups. I