HomeMy WebLinkAboutItem 06 - COUNCIL READING FILE_g_City and County GSP MOADIW- --I .
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This Memorandum of Agreement ("MOX) is entered into by and between the City of
San Luis Obispo ("City"), the County of San Luis Obispo ("County"), the Edna Valley Growers
Mutual Water Company ("EVGMWC"), the Varian Ranch Mutual Water Company ("VRMWC"),
the Edna Ranch Mutual Water Company ("ERMWC") and the Golden State Water Company
("GSWC") (each referred to individually as a "Party" and collectively as the "Parties") for
purposes of coordinating preparation of a single groundwater sustainability plan for the
San Luis Obispo Valley Groundwater Basin.
WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate
Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable
Groundwater Management Act ("SGMA"), which became effective on January 1, 2015 and
which have been and may continue to be amended from time to time; and
WHEREAS, SGMA requires the establishment of a groundwater sustainability agency
("GSA!') or agencies for all basins designated as medium- or high -priority by the Department
of Water Resources ("DWR") on or before June 30, 2017; and
WHEREAS, SGMA further requires the adoption of a groundwater sustainability plan
("GSP") or coordinated GSPs for all basins designated by DWR as medium- or high -priority
and not subject to critical conditions of overdraft on or before January 31, 2022; and
WHEREAS, DWR has designated the San Luis Obispo Valley Groundwater Basin
(Basin No. 3-9) ("Basin") as a medium -priority basin not subject to critical conditions of
overdraft; and
WHEREAS, the County and the City have each decided to become the GSA within
their respective service areas overlying the Basin and have informed DWR of their decision
and intent to undertake sustainable groundwater management therein; and
WHEREAS, the County and the City desire to collectively develop a single GSP to
sustainably manage the Basin; and
WHEREAS, the County and the City further desire to include the other Parties to this
MOA who each constitute entities eligible to participate in a GSA (sometimes referred to
individually as a "Participating Party" or collectively as the "Participating Parties") in the
development of the GSP through the creation of the Groundwater Sustainability
Commission.
Page 1 of 9
NOW, THEREFORE, it is mutually understood and agreed as follows:
Section 1
Purpose
This MOA is entered into by the Parties for the purpose of establishing the manner
in which the City and the County, with input from the Participating Parties, will coordinate
in the development of a single GSP for the Basin that will be considered for adoption by the
City Council and the County Board of Supervisors and subsequently submitted to DWR for
approval. This MOA may also serve as the basis for continued cooperation among the City
and the County in the management of the Basin during the period between adoption of the
GSP by the City Council and the County Board of Supervisors and approval of the GSP by
DWR. As more specifically set forth in Section 10.3 below, this MOA shall automatically
terminate upon DWR's approval of the GSP for the Basin.
Section 2
Term
This MOA shall become effective on the date that the last of the six (6) Parties signs
("Effective Date") and shall remain in effect until terminated in accordance with Section 9.2
or Section 10.3 below.
Section 3
City and County Roles and Responsibilities
3.1 The City and the County shall workjointly to meet the objectives of this MOA.
3.2 The City and the County shall retain the services of a consultant(s) to meet
the objectives of this MOA, including, but not limited to, preparation of a GSP for the Basin
in accordance with the provisions set forth in Section 7 below.
3.3 The City and the County shall each designate a staff person(s) to participate
in the development of the GSP and related technical studies through, without limitation,
the provision of guidance and available data, in coordination with the consultant(s), and to
administer the Groundwater Sustainability Commission (e.g. to, among other things, timely
publish all agendas and take minutes).
3.4 The City and the County shall each be responsible for adopting the GSP and
implementing the GSP within their respective service areas. Notwithstanding the
foregoing, nothing contained in this MOA shall be construed as obligating either the City
Council or the County Board of Supervisors to adopt the GSP developed pursuant to this
MOA or as preventing either the City Council or the County Board of Supervisors from
adopting the GSP developed under this MOA in the event that the other elects not to adopt
it or in the event that the Groundwater Sustainability Commission fails to recommend
approval.
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3.5 The City and the County may lead certain Basin -wide public outreach and
stakeholder involvement to improve development of the GSP.
3.6 The City shall be responsible for taking all legally required actions associated
with its appointment of the member and alternate member to the Groundwater
Sustainability Commission representing the City as set forth in Section 4.5, including,
without limitation, all applicable requirements under the Maddy Act (Government Code §§
54970 et seq.) and the County shall be responsible for taking all such actions associated
with its appointment of the member and alternate member to the Groundwater
Sustainability Commission representing the County and its confirmation of the members
and alternate members to the Groundwater Sustainability Commission representing the
Participating Parties as set forth in Section 4.4 and Section 4.3, respectively.
Section 4
Establishment of the Groundwater Sustainability Commission
4.1 The City and the County hereby establish the Groundwater Sustainability
Commission to serve as an advisory committee to the City Council and the County Board of
Supervisors in connection with preparation of the GSP and interim Basin management
actions subject to each Participating Party making its required contributions under Section
6(B).
4.2 The Groundwater Sustainability Commission shall be composed of five (5)
members: one (1) member representing the City, one (1) member representing the County,
one (1) member representing EVGMWC, one (1) member collectively representing VRMWC
and ERMWC and one (1) member representing GSWC.
4.3 Each of the Participating Parties shall nominate a member and an alternate
member to represent it on the Groundwater Sustainability Commission subject to
confirmation by the County Board of Supervisors with the exception that VRMWC and
ERMWC shall jointly nominate a member and an alternate member to represent them
subject to confirmation by the County Board of Supervisors. Said members shall serve at
the pleasure of the County Board of Supervisors and may be removed at any time provided
that the County Board of Supervisors shall have no authority to replace a removed
member with an individual who has not been nominated by the relevant Participating Party
or collection of Participating Parties.
4.4 The County Board of Supervisors shall appoint the member and alternate
member representing the County and said members shall serve at the pleasure of the
County Board of Supervisors.
4.5 The City Council shall appoint the member and alternate member
representing the City and said members shall serve at the pleasure of the City Council.
Page 3 of 9
4.6 All meetings of the Groundwater Sustainability Commission shall be
conducted in accordance with the Ralph M. Brown Act (Government Code §§ 54950 et seq.).
4.7 A majority of the members of the Groundwater Sustainability Commission
shall constitute a quorum for purposes of transacting business, except that less than a
quorum may vote to adjourn the meeting.
4.8 Each member of the Groundwater Sustainability Commission shall be
entitled to one (1) vote on any matter under consideration by the Groundwater
Sustainability Commission.
4.9 All advisory opinions submitted by the Groundwater Sustainability
Commission to the City Council and the County Board of Supervisors shall be supported by
a majority of the members, except for the recommendation to adopt the GSP or any
amendments thereto which shall be supported by at least four (4) of the members.
4.10 The County Board of Supervisors and the City Council may approve or reject
any advisory opinion submitted by the Groundwater Sustainability Commission provided
that in every case that the County Board of Supervisors or City Council rejects an advisory
opinion of the Groundwater Sustainability Commission related to the contents or adoption
of the GSP it shall do so only after holding a public hearing, at which time the members of
the Groundwater Sustainability Commission shall have the right to appear and address the
City Council and the County Board of Supervisors.
4.11 None of the members or alternate members shall be entitled to any
compensation from the County or the City for their service on the Groundwater
Sustainability Commission.
Section 5
Establishment of Additional Advisory Committees
The City Council and the County Board of Supervisors may from time to time jointly
establish one or more additional advisory committees or establish standing or ad hoc
committees to assist in carrying out the purposes and objectives of this MOA. Without
limiting the foregoing, it is anticipated that the City Council and the County Board of
Supervisors will establish a stakeholder advisory committee to the Groundwater
Sustainability Commission to consider the interests of beneficial uses and users not already
represented on the Groundwater Sustainability Commission consistent with Water Code
Section 10723.2.
Page 4 of 9
The City and the County agree to jointly fund the costs associated with
implementation of this MCA in accordance with and subject to the following:
A. Within sixty (60) days of the Effective Date and prior to each anniversary of
the Effective Date, City and County staff shall prepare an annual budget for the GSAs to
implement this MCA for approval by the City Council and the County Board of Supervisors.
B. Each of the Participating Parties shall be responsible for contributing the
following funds to help defray the costs of the Groundwater Sustainability Commission and
in consideration for their participation thereon within thirty (30) days of the Effective Date
and within thirty (30) days of each anniversary of the Effective Date:
EVGMWC
$28,200
VRMWC
$4,550
ERMWC
$4,550
GSWC
$12,700
C. Subject to City Council and County Board of Supervisor approval of the
annual budget, the City and County agree to fund the annual budget (less the contributions
set forth in Section 6(B)) in accordance with the percentage allocations set forth below.
Notwithstanding the foregoing and Section 10.1, the City Council and the County Board of
Supervisors may amend said percentage allocations without the agreement of the
Participating Parties.
County 70%
City 30%
D. It is anticipated that the vast majority of budgeted costs to be paid by the City
and the County will involve costs for consultant services. Consequently, most City and
County contributions will be paid in the manner described in Section 7 below.
Retention of Consultants
7.1 The County agrees to act as the contracting agent to retain the services of a
consultant(s) as described in Section 3.2 above.
7.2 Notwithstanding the foregoing, the County agrees that the City and one (1)
member of the Groundwater Sustainability Commission not representing the City or the
County designated by the Groundwater Sustainability Commission shall be included in the
I
selection of any consultant retained by the County pursuant to this MOA. More specifically,
Page 5 of 9
a staff representative from the City and the designated member of the Groundwater
Sustainability Commission shall be given an opportunity to review and approve all requests
for proposals prior to their release and to participate in the various stages of the selection
process, including, but not limited to, review of proposals and participation on interview
panels.
7.3 All consultant contracts entered into by the County pursuant to this MOA
shall include the following: (1) a provision requiring that the consultant name the City as an
additional insured, (2) an expected spend plan estimating the amount of the not to exceed
contract amount that the consultant expects to invoice each month, and (3) a provision
requiring that the consultant calculate both the County and City's share of each invoice
consistent with Section 6(C) and send monthly invoices to both the County and the City
showing the foregoing calculation.
7.4 Both the City and the County shall be responsible for remitting payment of
their share of each monthly invoice directly to the consultant within thirty (30) days of
receipt or within the time frame otherwise set forth in the consultant contract.
Section 8
Notice
8.1 To provide for consistent and effective communication among the Parties,
each Party shall designate a representative as its central point of contact on matters
relating to this MOA.
8.2 All notices, statements, or payments related to this MOA shall be deemed to
have been duly given if in writing and delivered electronically, personally or mailed by first-
class, registered or certified mail to the Parties at the addresses set forth in Exhibit A. The
Parties may update Exhibit A from time to time without formal amendment to this MOA.
Section 9
Withdrawal and Termination
9.1 Any Participating Party may unilaterally withdrawal from this MOA without
causing or requiring termination of this MOA. Withdrawal shall become effective upon
thirty (30) days written notice to the remaining Parties' designated addresses as listed in
Exhibit A. A Participating Party that has withdrawn from this MOA shall remain obligated to
pay its allocation of the current annual budget. If a Participating Party withdraws, the
Groundwater Sustainability Commission shall automatically be reconstituted to no longer
include a member or alternate member representing the withdrawing Participating Parry.
In addition, the withdrawing Participating Party's annual contribution as set forth in Section
6(B) for all subsequent years shall be allocated among the remaining Participating Parties
on a pro rata basis.
Page 6 of 9
9.2 This MOA may be terminated by either the City or the County upon thirty (30)
days written notice to all Parties' designated addresses as listed in Exhibit A. Upon
termination, any unused portion of the cost contributions described in Section 6(B) and
Section 6(C) as of the effective date of termination shall be returned to each Party on a pro
rata basis. If the City terminates this MOA, it shall remain obligated to pay its cost share
obligation under any existing consultant contract entered into by the County pursuant to
this MOA.
Section r
10.1 Subject to the exception set forth in Section 6(C), this MOA may be amended
only by unanimous written consent of all current Parties.
10.2 This MOA may be executed in counterparts.
10.3 This MOA shall automatically terminate upon DWR's approval of the adopted
GSP. Depending on the content of the GSP, the Parties may decide to enter into a new
agreement to coordinate GSP implementation.
10.4 This MOA is made in the State of California, under the Constitution and laws
of said State and is to be so construed.
10.5 If any provision of this MOA is determined to be invalid or unenforceable, the
remaining provisions shall remain in full force and unaffected to the fullest extent
permitted by law and regulation.
10.6 This MOA constitutes the sole, entire, integrated and exclusive agreement
between the Parties regarding the contents herein. Any other contracts, agreements,
terms, understandings, promises or representations not expressly set forth or referenced
in this writing are null and void and of no force and effect.
10.7 The Parties agree and acknowledge that this MOA has been developed
through negotiation, and that each Party has had a full and fair opportunity to revise the
terms of this MOA. Consequently, the normal rule of construction that any ambiguities are
to be resolved against the drafting party shall not apply in construing or interpreting this
MOA.
[signatures to follow on next page]
Page 7 of 9
IN WITNESS WHEREOF, the Parties have executed this MOA by authorized officials
thereof on the dates indicated below.
CITY OF SAN LUIS OBISPO
By:
Its:
Date:
APPROVED AS TO FORM AND
LEGAL EFFECT:
By:
Its:
Date:
EDNA VALLEY GROWERS
MUTUAL WATER COMPANY
By:
Its:
Date:
EDNA RANCH MUTUAL
WATER COMPANY
By:
Its:
Date:
COUNT-�rIJLUIS OBISPO
B
iu
Date
APPROVED AS TO FORM AND
LEGAL EFFECT:
By:
— --
Its:.
Date:l�
VARIAN RANCH MUTUAL
WATER COMPANY
By:
Its:
Date:
GOLDEN STATE WATER COMPANY
By: _
Its:
Date:
Page 8 of 9
IN WITNESS WHEREOF, the Parties have executed this MOA by authorized officials
thereof on the dates indicated below.
CITY OF SAN LUIS OBISPO
By:
Its:
Date:
APPROVED AS TO FORM AND
LEGAL EFFECT:
By:
Its:
Date:
EDNA VALLEY GROWERS
MUTUAL WATZ:R COMPANY
BY:
Date: t /2-
EDNA RANCH MUTUAL
WATER COMPANY
COUNTY OF SAN LUIS OBISPO
By: JOHN PESCHONG
Its: OlVao"ObISPO,
Date: Ja-nuc-qrV '3, 20115
APPROVED AS TO FORM AND
LEGAL EFFECT: AVM:
Tommy Gong, County Clerk , Recor(Jer and
By: Ex-Officio; Clerk of the Board of Supervisors
&ANDY CUR-FIEN'S
sy..-W- - - woom
Its:
Date:
VARIAN RANCH MUTUAL
WATER COMPANY
By:
Its:
Date:
GOLDEN STATE WATER COMPANY
By: By:
Its: Its:
Date:
Date:
Page 8 of 9
IN WITNESS WHEREOF, the Parties have executed this MOA by authorized officials
thereof on the dates indicated below.
CITY OF S N LUIS O O
COUNTY OF SAN LUIS OBISPO
By:
By:
Its:
Its:
Date: (
�'
Date:
APPROVED AS TO FORM AND
APPROVED AS TO FORM AND
LEGAJEF CT:
LEGAL EFFECT:
By:
By:
/�,. r,
Its: / f-I � a`t-c li`h,► � of�
Its: �r.�i�Z� /
Datd: 1(
Date: A[ '• 6,
EDNA VALLEY GROWERS
VARIAN RANCH MUTUAL
MUTUAL WATER COMPANY
WATER COMPANY
By:
By:
Its:
Its:
Date:
Date:
EDNA RANCH MUTUAL
GOLDEN STATE WATER COMPANY
WATER COMPANY
By:
By:
Its:
Its:
Date:
Date:
Page 8 of 9
UUM
PARTY ADDRESS LIST
County of San Luis Obispo
County Government Center, Room 206
San Luis Obispo, CA 93408
Attention: Wade Horton, Public Works Director
City of San Luis Obispo
Utilities Department
879 Morro Street
San Luis Obispo, CA 93401-2710
Attention: Carrie Mattingly, Utilities Director
Edna Valley Growers Mutual Water Company
4910 Edna Road
San Luis Obispo, CA 93401
Attention: Bob Schiebelhut, President
Varian Ranch Mutual Water Company
2060 Varian Circle
Arroyo Grande, CA 93420
Attention: James Lokey
Edna Ranch Mutual Water Company
5665 Edna Ranch Circle
San Luis Obispo, CA 93401
Attention: Andy Mangano
Golden State Water Company
2330 A Street, Suite A
Santa Maria, CA 93455
Attention: General Manager, Coastal District
Page 9 of 9
PARTY ADDRESS LIST
County of San Luis Obispo
County Government Center, Room 206
San Luis Obispo, CA 93408
Attention: Wade Horton, Public Works Director
City of San Luis Obispo
Utilities Department
879 Morro Street
San Luis Obispo, CA 93401-2710
Attention: Carrie Mattingly, Utilities Director
Edna Valley Growers Mutual Water Company
4910 Edna Road
San Luis Obispo, CA 93401
Attention: Bob Schiebelhut, President
Varian Ranch Mutual Water Company
2060 Varian Circle
Arroyo Grande, CA 93420
Attention: James Lokey
Edna Ranch Mutual Water Company
5665 Edna Ranch Circle
San Luis Obispo, CA 93401
Attention: Andy Mangano
Golden State Water Company
2330 A Street, Suite A
Santa Maria, CA 93455
Attention: General Manager, Coastal District
Page 9 of 9
IN WITNESS WHEREOF, the Parties have executed this MOA by authorized officials
thereof on the dates indicated below.
CITY OF SAN LUIS OBISPO
By:
Its:
Date:
APPROVED AS TO FORM AND
LEGAL EFFECT:
By:
Its:
Date:
EDNA VALLEY GROWERS
MUTUAL WATER COMPANY
By:
Its:
Date:
EDNA RANCH MUTUAL
WATER COMPANY
By:
Its:
Date:
COUNTY OF SAN LUIS OBISPO
By:
Its:
Date:
APPROVED AS TO FORM AND
LEGAL EFFECT:
By:
Its:
Date:
VARIAN RANCH MUTUAL
WATER OMPANY
By:. L2''�
Date:
GOLDEN STATE WATER COMPANY
By: _
Its:
Date:
Page 8 of 9
IN WITNESS WHEREOF, theParties have executed this. MOA by authorized officials
thereof on the dates indicated below.
CITY OF SAW LUIS OBISPO
COUNTY OF SAN LUIS OBISPO
By:
By:
Its:
Its:
Date:
'Date:
APPROVED AS TO FORM AND
APPROVED AS TO FORM AND
LEGAL EFFECT:
LEGALVIFFECT:
By:
BY:
Its:
Its:
Date:
Date:
EDNA VALLEY GROWERS
VARIAN RANCH MUTUAL
MUTUAL WATER COMPANY
WATER COMPANY
By:
By:
Its:
Its:
Date:
Date:
EDNA�ANCH MUTUAL
GOLDEN STATE WATER COMPANY
W)A-1.Z_ IPANY
By: Q
By:
Its: Elv
Its:
Date: — IIA-1 1-7
V I ,
Date:
Page 8 of 9
IN WITNESS WHEREOF, the Parties have executed this MOA by authorized officials
thereof on the dates indicated below.
CITY OF SAN LUIS OBISPO
COUNTY OF SAN LUIS OBISPO
By:
By:
Its:
Its:
Date:
Date:
APPROVED AS TO FORM AND
APPROVED AS TO FORM AND
LEGAL EFFECT:
LEGAL EFFECT:
By:
By:
Its:
Its:
Date:
Date:
EDNA VALLEY GROWERS
VARIAN RANCH MUTUAL
MUTUAL WATER COMPANY
WATER COMPANY
By:
By:
Its:
Its:
Date:
Date:
EDNA RANCH MUTUAL
GOLDEN STATE WATER COMPANY
WATER COMPANY
By:
By: -fil.L
Its:
Its: Sl: Vi'i L PK61aL14+
Date: Date: � .3 k;-Di l
Page 8 of 9