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HomeMy WebLinkAboutAgenda Report - August 17, 2016 C-08CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-8 TM AGENDA TITLE: Adopt Resolution Approving Memorandum of Understanding Between City of Lodi and North San Joaquin Water Conservation District Regarding Sustainable Groundwater Management MEETING DATE: August 17, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving Memorandum of Understanding between City of Lodi and North San Joaquin Water Conservation District regarding sustainable groundwater management. BACKGROUND INFORMATION: The City of Lodi (City) on January 6, 2016, and North San Joaquin Water Conservation District (NSJWCD) on January 25, 2016, each elected to form independent Groundwater Sustainability Agencies (GSA's) as defined in the 2014 Sustainable Groundwater Management Act (SGMA). Under SGMA, GSA's are given broad authority to sustainably manage groundwater to achieve the State's groundwater sustainability goals. For this reason, forming an exclusive GSA is an attractive option for agencies that desire some level of autonomy relating to their groundwater management practices. The City's proposed GSA boundary is consistent with its City limits, however, it is currently overlapped by jurisdictional boundaries of Woodbridge Irrigation District (WID), the County and NSJWCD. WID chose to establish its GSA boundary exclusive of the City's proposed GSA boundary eliminating overlap. The County and NSJWCD , however, chose to overlap the City's GSA boundary when establishing their respective GSA boundaries. While agencies are entitled to form exclusive GSA's, if there is an overlap in jurisdictional boundaries, SGMA does not recognize the GSA as exclusive. Under SGMA, agencies that intend to practice groundwater management within overlapping jurisdictional boundaries are strongly encouraged to coordinate and seek agreement regarding the sustainable management of the underlying groundwater and the location of their respective GSA boundaries. The Memorandum of Understanding (MOU) between the City and NSJWCD regarding groundwater management demonstrates the cooperation between these two agencies required by SGMA to ensure that groundwater within the Sub -Basin will be managed sustainably. As part of this MOU, NSJWCD agrees to carve out the portion of its proposed GSA boundary that overlaps the City's proposed GSA boundary as shown in Exhibit A of the MOU. This action is a necessary step toward each agency's desire to establish an exclusive GSA. The County's GSA boundary continues to overlap all agencies within County jurisdiction. Based on discussions with County staff, it is expected that most, if not all, County GSA boundary overlap conditions will be resolved by the end of the calendar year. disk APPROVED: , _ Stephen chwabauer, ity anager K:\WP\PROJECTS\WATER\SGMA\CC City_NSJ_GSA overlap agmt.doc 8/8/16 Adopt Resolution Approving Memorandum of Understanding Between City of Lodi and North San Joaquin Water Conservation District Regarding Sustainable Groundwater Management August 17, 2016 Page 2 FISCAL IMPACT: The MOU does not include any changes to the receipt of each party's share of property tax revenues from the County or the receipt of fees, charges and assessments collected by the County on each party's behalf. FUNDING AVAILABLE: Not applicable. CE9 Charles E. Swimley, Jr. Public Works Director CES/CES/tdb Attachments cc: City Manager City Attorney North San Joaquin Water Conservation District Mr. Brad Nakagawa, Eastern San Joaquin County Groundwater Basin Authority Jennifer L. Spaletta, Attorney -at -Law K:\WP\PROJECTS\WATER\SGMA\CC City_NSJ_GSA overlap agmt doc 8/6/16 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT REGARDING SUSTAINABLE GROUNDWATER MANAGEMENT This Memorandum of Understanding ("MOU") is entered into as of 2016 by and between the City of Lodi, a municipal corporation ("City") and North San Joaquin Water Conservation District ("North San Joaquin"), collectively the "Parties." RECITALS A. City pumps groundwater from the Eastern San Joaquin Subbasin ("Subbasin") of the San Joaquin Valley Groundwater Basin and serves that water to the public within its service area. Some landowners within the City boundary also pump groundwater from the Subbasin for use on their lands within the City. B. North San Joaquin does not pump groundwater, but manages groundwater resources within its jurisdictional area of approximately 150,000 acres. Landowners within North San Joaquin's jurisdictional boundaries pump groundwater for use on their lands. Other entities, such as City, are located within North San Joaquin's jurisdictional boundaries and pump groundwater for delivery to customers as public water suppliers. C. The Parties are interested in the management of groundwater in the Subbasin and each have elected to serve as a groundwater sustainability agency (GSA) under the Sustainable Groundwater Management Act (Water Code sections 10720 — 10236.6 ("SGMA")). Specifically, City's City Council adopted Resolution No. 2016-03 electing to become a GSA for portions of the Subbasin within City's boundaries on January 6, 2016, and North San Joaquin's Board of Directors adopted Resolution No. 2016-01 electing to become a GSA for those portions of the Subbasin and the Cosumnes Subbasin within North San Joaquin's jurisdictional boundaries on January 25, 2016. D. The Parties are members of the Sustainable Groundwater Management Act Work Group for the Eastern San Joaquin County Groundwater Basin Authority, which group was formed to advise the Authority on governance issues relating to the establishment and integration of GSAs and the development of a Subbasin-wide groundwater sustainability plan ("SGMA Work Group"). E. City's municipal service area is partly contained within North San Joaquin's jurisdictional boundaries and, as such, creates an overlap of GSA management areas for each of the Parties. Under SGMA, local agencies that intend to undertake groundwater management in the same area are strongly encouraged to coordinate and seek agreement concerning the sustainable management of the groundwater basin that they overlie. F. The Parties desire to cooperate and coordinate to resolve issues attributable to the overlap of each of their GSA's boundaries to ensure that groundwater in the Subbasin is comprehensively and sustainably managed in accordance with SGMA. -1- G. Through this Agreement, the Parties have chosen to resolve the issue of overlapping GSA boundaries for purposes of GSA formation for the Eastern San Joaquin Subbasin under SGMA. Based on the above recitals, which the Parties agree are true and correct, the Parties agree as follows: AGREEMENT 1. Cooperative Groundwater Management Under SGMA. Lodi and North San Joaquin will cooperate as defined by SGMA to ensure that groundwater within the Subbasin is managed sustainably over the long term consistent with SGMA and California law related to groundwater rights. This cooperation shall extend to preparation of a SGMA sustainability plan for the Subbasin, or coordination of multiple plans within the Subbasin, if applicable. 2. Carve -out of Overlap Area. North San Joaquin agrees to exclude the portion of the Subbasin that City overlies, as shown on Exhibit A attached hereto and incorporated herein by reference, from North San Joaquin's GSA boundary for SGMA purposes. City will provide North San Joaquin with a GIS shape file of the Lodi GSA area. 3. Revenues Not Affected. Nothing in this MOU shall affect or impact the receipt of each Party's share of the property tax revenues from San Joaquin County or the receipt of fees, charges, and assessments collected by the County on each of the Party's behalf. The carve -out described in section 2 above is for GSA boundary purposes under SGMA only and shall not be construed to affect the City or North San Joaquin's legal and jurisdictional boundaries pursuant to California law. 4. Headings and Terminology. The headings of the sections of this MOU are for reference purposes only and may not be used to interpret this MOU's terms. 5. Joint Authorship and Interpretation. This MOU shall be deemed to have been prepared jointly by the Parties, so its terms, individually and as a whole, shall not be interpreted against either Party on the grounds that said Party prepared those terms. 6. Amendment and Addition of Parties. This MOU may be amended as circumstances necessitate by a written agreement executed by the Parties. Additional parties may join this MOU with the Parties' consent. 7. No Assignments. No Party may assign any rights or interests in this MOU without the written consent of the other Party, which shall not be unreasonably withheld. 8. Disputes. In the event of a dispute between the Parties concerning this MOU, they will consult in good faith to attempt to resolve the dispute. Either Party may initiate that consultation under this Section by sending an initiation notice to the other Party. -2- 9. Compliance with Laws. Each Party will comply with all laws, regulations, orders, and other legal obligations applicable to its efforts under this MOU. 10. Notices. All notices given by a Party under this Agreement will be deemed to have been given and received by the other Party: (a) immediately upon personal delivery; (b) three business days after the notice is deposited in the U.S. mail, with adequate first- class postage prepaid; or (c) the business day following facsimile or e-mail transmission, with return receipt requested and received. The following are the Parties' representatives and contact information for purposes of notices under this MOU: Lodi Stephen Schwabauer City Manager, City of Lodi 221 West Pine Street Lodi, CA 95240 Telephone: (209) 333-6702 Facsimile: (209) 333-6807 Email: sschwabauer@lodi.gov North San Joaquin Joe Valente President, Board of Directors P.O. Box E Victor, CA 95253 Telephone: (209) 368-2101 Facsimile: (209) 224-0349 E-mail: 11. Legal Capacity and Signatures. Each individual executing this MOU represents that he or she has the legal authority to do so on that Party's behalf. This MOU may be signed in counterparts and by facsimile or PDF signatures. 12. No Commitment to Actions with Environmental Impacts. The Parties do not intend to, and nothing in this MOU does, involve any commitment to any action that could cause a physical change in the environment. To the extent there is any dispute about whether any term of this MOU represents a commitment to such an action, that term shall be interpreted as not involving such a commitment. No Party subject to the California Environmental Quality Act (Public Resources Code §§ 21000-21189.3 ("CEQA")) shall make a commitment to any such action before conducting any environmental analysis required by CEQA. 13. Integration. This MOU states the Parties' entire agreement concerning its subject matter and incorporates and supersedes any prior agreements, representations, negotiations or understandings concerning that subject matter. 14. Admissions. This MOU is for the purpose of coordination of planning efforts of public agencies as GSAs under SGMA only and does not represent a legal position, admission, or waiver by either party as to any substantive matter related to water rights. WHEREFORE, the Parties execute this MOU as of the date first written above. [SIGNATURES FOLLOW ON THE NEXT PAGE] -3- LODI NORTH SAN JOAQUIN City of Lodi, a municipal corporation By: By _ ti Attest: Stephen Schwabauer President Valente City Manager President of the Board of Directors Jennifer M. Ferraiolo Approved as to form: Janice D. Magdich, City Attornede y -4- ///, it.vz/r / • Document Path: K:\WP\DEV_SERV\Developments\Commercial-Industrial\Lodi Shopping Center\improvement agreement\final\GSA Map V2.mxd Date: 8/3/2016 EXHIBIT A Groundwater Sustainability Agency Boundary Map City of Lodi GSA Boundary :727/14 WID GSA NSJWSD GSA Exclusion Area* 7222. NSJWCD GSA Boundary per MOU N S 0 0.5 1 Miles 2 Referenced agency boundaries are based on the best available information and are shown for reference purposes only. * Portion of NSJWCD excluded from NSJWCD GSA boundary for SGMA purpose RESOLUTION NO. 2016-154 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING MEMORADUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND THE NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT REGARDING SUSTAINABLE GROUNDWATER MANAGEMENT WHEREAS, the City of Lodi (City) on January 6, 2016, and North San Joaquin Water Conservation District (NSJWCD) on January 25, 2016, each elected to form independent Groundwater Sustainability Agencies (GSA's) as defined in the 2014 Sustainable Groundwater Management Act (SGMA); and WHEREAS, the City's proposed GSA boundary is consistent with its City limits, however, it is currently overlapped by jurisdictional boundaries of Woodbridge Irrigation District, the County, and NSJWCD; and WHEREAS, while agencies are entitled to form exclusive GSA's, if there is an overlap in jurisdictional boundaries, SGMA does not recognize the GSA as exclusive; and WHEREAS, the Memorandum of Understanding between the City and NSJWCD regarding groundwater management demonstrates the cooperation between these two agencies required by SGMA to ensure that groundwater within the sub -basin will be managed sustainably; and WHEREAS, staff recommends that the City Council approve the Memorandum of Understanding between the City of Lodi and North San Joaquin Water Conservation District regarding sustainable groundwater management. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Memorandum of Understanding between the City of Lodi and North San Joaquin Water Conservation District regarding sustainable groundwater management; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City of Lodi. Dated: August 17, 2016 I hereby certify that Resolution No. 2016-154 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None NNIFE�. FER IOLO City Clerk 2016-154 CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www .loci! .aov August 10, 2016 Jennifer Spaletta, Attorney -At -Law 225 West Oak Street Lodi, CA 95240 STEPHEN SCHWABAUER City Manager JENNIFER M, FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT Adopt Resolution Approving Memorandum of Understanding Between City of Lodi and North San Joaquin Water Conservation District Regarding Sustainable Groundwater Management Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 17, 2016. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If yoga hive any questions about the item itself, please call me at (209) 333-6706. Charles E. Swimley, Jr. Public Works Director CES/tdb Enclosure cc: City Clerk CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi.gov August 10, 2016 Eastern San Joaquin County Groundwater Basin Authority 1810 East Hazelton Avenue Stockton, CA 95201 Attn: Mr. Brad Nakagawa STEPHENSCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Approving Memorandum of Understanding Between City of Lodi and North San Joaquin Water Conservation District Regarding Sustainable Groundwater Management Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 17, 2016. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If yqu have any questions about the item itself, please call me at (209) 333-6706. Chars E. Swimley, Jr. Public Works Director CES/tdb Enclosure cc: City Clerk CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www lodi.gov August 10, 2016 North San Joaquin Water Conservation District 498 East Kettleman Lane Lodi, CA 95240 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Approving Memorandum of Understanding Between City of Lodi and North San Joaquin Water Conservation District Regarding Sustainable Groundwater Management Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 17, 2016. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If y` u have any questions about the item itself, please call me at (209) 333-6706. k)4 es E. Swimley, Jr. '�Public Works Director CES/tdb Enclosure cc: City Clerk