HomeMy WebLinkAbout8290RESOLUTION NO 8290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AS A MEMBER OF THE YUCAIPA GROUNDWATER SUSTAINABILITY
AGENCY TO ADOPT THE GROUNDWATER SUSTAINABILITY PLAN FOR
THE YUCAIPA SUBBASIN (BASIN NO 8-002.07)
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 Bills 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 Groundwater Sustainability Agency ("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
WHEREAS, the legislative intent and effect of SGMA, as set forth in California Water
Code Section 10720 1, 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 Water 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,
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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 Yucaipa Subbasin ("SUBBASIN") is identified by the California
Department of Water Resources Bulletin 118 as Sub -basin No 8-002 07 of the Upper Santa Ana
Valley Groundwater Basin, and is designated by the California Department of Water Resources
("DWR") as a high -priority basin, and
WHEREAS, California Water Code Section 10720 7 requires the SUBBASIN, as a high -
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") by January 31, 2022, and
WHEREAS, South Mesa Water Company ("SOUTH MESA"), South Mountain Water
Company ("SOUTH MOUNTAIN"), Western Heights Water Company ("WHWC") 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 ("SBVMWD") and the San Gorgonio Pass Water
Agency ("SGPWA"), herein collectively referred to as the "REGIONALS", entered into a
Memorandum of Agreement ("MOA") in June 2017 to form a GSA called the Yucaipa
Groundwater Sustainability Agency ("YUCAIPA GSA"), and
WHEREAS, each of the above -described entities is individually referred to as a "PARTY"
and are collectively referred to as the "PARTIES" SOUTH MESA, SOUTH MOUNTAIN and
WHWC are collectively referred to as the "MUTUALS", and, the PARTIES other than the
MUTUALS are collectively referred to as the "LOCAL AGENCIES," and
WHEREAS, The County of Riverside ("RIVERSIDE") and the County of San Bernardino
("SAN BERNARDINO"), collectively referred to as the "COUNTIES," are stakeholders but not
PARTIES in the YUCAIPA GSA, and
WHEREAS, CALIMESA submitted a written Notice of Withdrawal dated November 19,
2018 and the Yucaipa GSA subsequently acknowledged the withdrawal of CALIMESA from the
Yucaipa GSA at the January 23, 2019 YUCAIPA GSA Board meeting; and
WHEREAS, the LOCAL AGENCIES have water supply, water management, and/or land
use responsibilities for their respective jurisdictional areas overlying the SUBBASIN and are local
agencies as defined by SGMA in California Water Code Section 10721(n), and thus each is
authorized by SGMA to 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 that cover the entirety of the
SUBBASIN, with no gaps in coverage, and
WHEREAS, the WATER PURVEYORS, including the MUTUALS, produce
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groundwater and provide water service within the SUBBASIN, and
WHEREAS, the REGIONALS are State Water Contractors, and have the rights and
duties of such, including for the delivery of State Water Project Water within the SUBBASIN,
and
WHEREAS, the PARTIES have worked with local stakeholders and interested parties
in the SUBBASIN that are not PARTIES in YUCAIPA GSA to carry out the policy, purposes,
and requirements of SGMA in the SUBBASIN, and
WHEREAS, the YUCAIPA GSA has developed a GSP for the SUBBASIN as required by
SGMA, and
WHEREAS, the YUCAIPA GSA has provided the public notices required by California
Water Code section 10727 8, including a Public Outreach and Engagement Plan, informing the
public on how to participate in the development of the GSP, and
WHEREAS, the YUCAIPA GSA has held numerous public meetings where elements of
the GSP for the SUBBASIN have been presented and discussed, and where the general public has
been provided the opportunity to comment on the various elements of the GSP, and
WHEREAS, due to the COVID-19 pandemic and Executive Order N-29-20 that suspended
the requirement to hold public meetings at physical locations, the YUCAIPA GSA held online
public meetings and provided details in the public notices informing the public how to participate
in the online meetings, and
WHEREAS, the YUCAIPA GSA has received written public comments on the various
elements of the GSP, which have been reviewed and commented on, where and as appropriate, as
part of the GSP, and
WHEREAS, the YUCAIPA GSA announced a community engagement meeting (i.e ,
public hearing) for November 16, 2021, as required by California Water Code section 10728 4 for
the purposes of considering public comments before adopting a GSP for the SUBBASIN, and
WHEREAS, the GSP for the SUBBASIN contains all the elements required by California
Water Code sections 10727.2 and 10727 4, and
WHEREAS, after its filing with DWR, the GSP for the SUBBASIN will be subject to a
further public review period, and will undergo review by DWR for a period not exceeding two
years, and
WHEREAS, the GSP for the SUBBASIN will be subject to further updating during the
DWR review period, and periodically thereafter via annual reports due every April 1 and
evaluation reports at least every 5 years or when the GSP is amended, and
WHEREAS, it is now necessary and appropriate for the City Council to consider the
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adoption of the GSP for the sustainable management of the SUBBASIN, and authorizes the
adoption of the GSP for the sustainable management of the SUBBASIN and directs the
YUCAIPA GSA to file the GSP with DWR no later than the date required by SGMA,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS
Section 1. The above Recitals are true and correct
Section 2. The GSP for the SUBBASIN is approved
Section 3 The City Council of the City of Redlands hereby authonzes the adoption of
the GSP for the SUBBASIN and directs the YUCAIPA GSA to file the GSP with the DWR no
later than January 31, 2022, as required by SGMA
Section 4 The City Manager and City Attorney are hereby authonzed and directed to
take such other and further actions as may be necessary or appropnate to implement the intent and
purposes of this resolution
ADOPTED, SIGNED AND APPROVED this 18th .. y of Jan , 2022
Paul T Banch, Mayor
ATTEST
anne Donaldson, City Clerk
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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 18th day
of January, 2022
AYES Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher, Mayor Banch
NOES None
ABSENT None
ABSTAINED None
Donaldson, City Clerk