HomeMy WebLinkAboutResolutions - No. 2012-186�Y�1���[�1i•li•C���7�F�E:%1
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THIRD AMENDMENT OF 2003 WATER
SALE AGREEMENT BETWEEN WOODBRIDGE
IRRIGATION DISTRICTAND THE CITY OF LODI
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Third Amendment to the 2003 Water Sale Agreement between Woodbridge
Irrigation District and the City of Lodi permitting the retroactive banking of 2011 and 2012
water and agreeing to install additional filtration facilities and engage in storm water
management practices, as shown on ExhibitA attached hereto; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the amendment.
Dated: November 21, 2012
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I hereby certify that Resolution No. 2012-186 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 21, 2012, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
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RANDIJOHL
City Clerk
2012-186
JEXHIBI �J
THIRD AMENDMENT TO 2003 AGREEMENT FOR PURCHASE OF WATER
FROM WOODBRIDGE IRRIGATION DISTRICT BY CITY OF LODI
The CITY of LODI and the WOODBRIDGE IRRIGATION DISTRICT agree
that the May 13,2003 "Agreement for Purchase of Water from the Woodbridge Irrigation
District by the City of Lodi," as amended by the First Amendment on January 17, 2008
and by the Second Amendment on April 9, 2009, is further amended this _ day of
, 2012 as follows.
1. Section 3.e. of the Agreement is amended by the following deletion and insertion
on lines 3 and 4:
e. Commencing on January 1 of the seventh year following the year in which
execution of this Agreement occurs, the amounts payable to the District under paragraph
1, and the amounts payable to the District under subparagraphs 3.b. and 34 shall be
increased by two percent per year above the amounts payable during the preceding
calendar year. In the event that the annual change in the Consumer Price Index (CPI -W,
unadjusted U.S. average) published in December of each year by the United States
Bureau of Labor Statistics, commencing in December in the year preceding such seventh
year, has increased more than two (2) percent above the December Index of the prior
year, the increases in the amounts payable in the ensuing year shall be in the percentage
of that increase; provided that any such annual increase shall not exceed five percent
(5%).
2. A new subparagraph d. relating to additional banked water is inserted in Section
8. as follows:
d. Supplemental Tier II Banked Water Account. Lodi is unable to begin the
use of its 6,000 acre-foot annual water entitlement from the District in the year 2011, and
may be unable to use all of its 6,000 acre-foot entitlement in year 2012. District agrees
that Lodi shall have the right to bank the unused water during the years 2011 and 2012 in
a supplemental "Tier II banked water account" with the District, in addition to the
42,000 acre-feet of water already banked under paragraph 8.a., but not to exceed an
additional 12,000 acre-feet, under the following terms. Such Tier II banked water shall
be available to Lodi during the term of this Agreement (up to October 15, 2047), after all
of Lodi's 42,000 acre-feet of already -banked water under paragraph 8.a. and all of its
then -accrued deficiency banked water under paragraph 8.b., has been requested by and
made available to Lodi. The Tier II banked water shall be delivered to Lodi on its
request, at no additional charge, in such years at such times and in such amounts as the
District has additional water available, as determined solely by the District, that is in
excess of the District's delivery obligations in that year under the following:
a) the 6,000 a.f, contract water entitlement of Lodi,
b) the 6,500 a.f. contract water entitlement of Stockton,
c) any water that may be requested by Stockton that remains in its banked water
account,
d) Any water that either Lodi or Stockton are entitled to purchase under their
respective Agreements resulting from annexation of agricultural lands;
e) Any water Stockton desires to purchase under its existing contract with WID for
the purchase of additional available water (which is subject to Lodi's right to
purchase such additional water on a parity with Stockton).
3. The existing subsection 8.d. is renumbered to 8.e., as follows:
e. Except as provided in subparagraph a, no credits shall accrue for water
that is available to but is unused by the City.
4. A new Section 14.b. is inserted, as follows:
14.b. Improvements to City's Storm Drain System which discharges water into
District's South Main Canal. In order to minimize impacts to the quality of the water
conveyed by the District through its South Main Canal system, which is used by the
District to deliver water to its agricultural customers and to deliver water to the City of
Stockton for municipal purposes, and to comply with the City's obligation under its
Storm Water Management Plan which requires the City to reduce and eliminate pollutant
discharges to the maximum extent practicable from its storm water system into waters
tributary to waters of the U.S., City shall take the following steps to eliminate and reduce
from the waters discharged from the City's storm water system into the District Canal any
contaminants or toxic substances, including plant debris, fertilizers, pesticides, dirt,
wastes, or automotive fluids, that may be contained in said discharged waters:
• During the periods each year the District is conveying water in the South Main
Canal for delivery to its users (which begins on or after March 1 and ends on or
before October 31), City will reroute the drainage into the District's Canal from
the City's storm water system at its pump station at Century Station, into City's
DeBenedetti detention basin, for settling, storage and evaporation and percolation
into the groundwater basin. In the event the DeBenedetti basin fills, flows of
settled water will be redirected back to Century Station for discharge to the
District's Canal long enough to create additional storage and settling capacity in
the DeBenedetti basin. The process will be repeated as necessary to prevent the
direct discharge from the City's Storm Drain System into the District Canal during
the remainder of the period the District is scheduled to deliver water that season,
i.e., up to October 31.
• Installation and maintenance of a trash removal system capturing substantially all
of the Shady Acres water shed at a technically feasible location that utilizes
current available separation technology. The system shall be approved by the
District and will be designed with the capacity to remove trash and grass, but the
City only guarantees the installation of a system so designed.
(signatures on the following page)
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Dated: , 2012
ATTEST:
ANDERS CHRISTENSEN
District Secretary
Dated: ,2012
ATTEST
RANDI JOHL, City Clerk
WOODBRIDGE IRRIGATION DISTRICT
WILLIAM STOKES
President
APPROVED AS TO FORM:
DANIEL F. GALLERY
Attorney for Woodbridge Irrigation District
CITY OF LODI, a California municipal
corporation
KONRADT BARTLAM
City Manager
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
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11/02/12