HomeMy WebLinkAboutAgenda Report - January 15, 2020 C-16AGENDA ITEM lcalb
9%.CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Cooperation Agreement
with Woodbridge Irrigation District and City of Stockton to Collectively Manage
Groundwater Resources
MEETING DATE: January 15, 2020
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Cooperation
Agreement with Woodbridge Irrigation District and City of Stockton
to collectively manage groundwater resources.
BACKGROUND INFORMATION: On August 29, 2014, the California Legislature passed comprehensive
groundwater legislation enacting the "Sustainable Groundwater
Management Act" (SGMA). Then Governor Brown signed the
legislation on September 16, 2014 and it became effective on January 1, 2015.
SGMA requires the formation of groundwater sustainability agencies (GSA's) and the development and
implementation of one or more groundwater sustainability plans (GSP's) for each groundwater basin
categorized by the California Department of Water Resources (DWR) as high- or medium -priority.
The Eastern San Joaquin Groundwater Authority (Authority) is a collaboration of agencies (including Lodi)
within San Joaquin County that, over the past two years, has collaboratively prepared a GSP in
accordance with the SGMA legislation. SGMA requires GSP adoption by all involved GSA's within the
Authority prior to the GSP submittal date of January 31, 2020. On November 20, 2019, upon conducting a
public hearing, Lodi City Council took action to adopt the GSP in its final form. The Authority is on
schedule to submit the GSP (separately approved by all GSA's within the Authority) to DWR by the
January deadline.
The SGMA legislation also allows GSAs to negotiate cooperation agreements between GSAs to jointly
manage groundwater resources with neighboring jurisdictions. This can be an advantage to the agencies
by sharing costs, resources and other efforts to secure future groundwater supplies and implement the
GSP in compliance with the SGMA.
Lodi, Stockton, and Woodbridge Irrigation District GSA's (Party or collectively Parties) share long term
interests in the Mokelumne River water supply, and since these GSA's have invested heavily to obtain
groundwater sustainability, staff from all three GSA's have initiated discussions and agree it would be
prudent to enter into a cooperative agreement (Agreement) to identify a framework under which Parties will
work together in cooperation to collectively and effectively manage groundwater and other resources
between their respective GSA's.
APPROVED:
ephen Schwabaue , City Manager
K:\WP\PROJECTS\WATER\SGMA\CC SGMA GSA WID_SCK_LODI_coop_agreement.doc 1/6/2020
Adopt Resolution Authorizing City Manager to Execute Cooperation Agreement with Woodbridge Irrigation District and City of Stockton to Collectively Manage
Groundwater Resources
January 15, 2020
Page 2
The proposed Agreement is intended to allow the Parties to maintain control and autonomy over their
respective water supplies, water facilities, and operations while encouraging cooperation for implementing
mutually beneficial projects and/or programs with other local GSA's consistent with the GSP and SGMA
legislation. The proposed Agreement will not require any contribution or commitment by any Party to share
or contribute assets or resources without prior Board or Council approval. Any Party may unilaterally
withdraw from the agreement at any time upon 30 days written notice to the other Parties.
FISCAL IMPACT: All Parties must mutually develop a budget and cost sharing agreement as
needed for any work to be performed under the Agreement. Both the
budget and cost sharing agreement must be approved by each Party's
governing body by unanimous vote before any financial expenditures or
obligations are incurred. At this time, no expenses associated with the
Agreement are planned.
FUNDING AVAILABLE: Not applicable.
Ck=Qk'Q2
Charles E. Swimley, Jr.
Public Works Director
CES/CES/tdb
Attachment
K:\WP\PROJECTS\WATER\SGMA\CC SGMA GSA WID_SCK_LODI_coop_agreement.doc 1/6/2020
EXHIBIT 1
COOPERATION AGREEMENT BETWEEN WOODBRIDGE IRRIGATION
DISTRICT, THE CITY OF LODI AND THE CITY OF STOCKTON
TO COLLECTIVELY MANAGE GROUNDWATER
RESOURCES
This Cooperation Agreement ("Agreement") is made and entered into as of this
day of 20 , by and between Woodbridge Irrigation District
("WID"), the City of Lodi, a Municipal Corporation ("Lodi") and the City of Stockton
("Stockton"), a municipal corporation organized under a Charter pursuant to Government Code
section 34101, and referred to herein as the "Party" or collectively as the "Parties."
The Parties are located within the boundaries of the Eastern San Joaquin Groundwater Sub -
basin as defined by the Department of Water Resources Bulletin 118 ('Bulletin 118") and are
subject to the Sustainable Groundwater Management Act as defined below.
RECITALS
WHEREAS, on September 16, 2014 Governor Brown signed into law the Sustainable
Groundwater Management Act (Senate Bills 1168 and 1319 and Assembly Bill 1739) codified in
Part 2.74 of Division 6 of the California Water Code, commencing with section 10720 ("the Act
or SGMA"); and
WHEREAS, the Act went into effect on January 1, 2015; and
WHEREAS, the legislative intent of the Act was to provide sustainable management of
groundwater basins, to enhance local management of groundwater, to establish minimum
standards for sustainable groundwater management, and to provide local groundwater agencies
with the authority and the technical and financial assistance necessary to sustainably manage
groundwater; and
WHEREAS, the Act defines a local agency as a local public agency that has water supply,
water management or land use responsibilities within a groundwater basin; and
WHEREAS, the Act requires that basins designated as high priority be managed by one or
more Groundwater Sustainability Agencies ("GSA") and will be responsible for the development
and implementation of a Groundwater Sustainability Plan ("GSP"); and
WHEREAS, the Parties jurisdictional boundaries overlay the north and western portions
of the Eastern San Joaquin Groundwater Sub -basin ("Basin"), defined under Department of Water
Resources Bulletin 118 and designated a high-priority basin in critical overdraft; and
WHEREAS, the Parties have Mokelumne River water rights, long-term water supply
agreements, interests, water resources management, land use and/or other responsibilities within
this portion of the Basin; and
WHEREAS, the Cities of Lodi, Stockton and WID are local agencies as defined under the
Act and pursuant to the California Water Code Section 10723 et seq. and have elected to become
GSAs; and
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EXHIBIT 1
WHEREAS, the Act allows for multiple GSAs, interested in achieving cost-effective and
sustainable groundwater management through an adopted Basin GSP, to organize through a
cooperation agreement pursuant to California Water Code Section 10723 et seq.; and
WHEREAS, the Parties intend by this Agreement to set forth a framework under which
the Parties will work together in cooperation to collectively manage groundwater and other
resources between their GSAs in accordance with an adopted Basin GSP and in consideration of
the interests of all beneficial uses and the common good of all users of groundwater within their
GSAs, and to work cooperatively with other GSAs in the Basin as necessary; and
NOW, THEREFORE, it is mutually understood and agreed as follows:
I. PURPOSE AND INTENT
The Parties establish a cooperation agreement to jointly manage a portion of the Eastern
San Joaquin Sub -basin within their collective jurisdictions. The purpose of this Agreement is to
establish a framework to outline the intent and actions of the Parties.
It is each Party's intent, goal and objective to maintain control and autonomy over the
surface water supplies, water facilities, water operations, groundwater supplies, assets and other
interests to which each Party and each Party's constituents are legally entitled. Nothing in this
Agreement requires any contribution or commitment by a Party to share or otherwise contribute
that Party's water assets or other resources as part of the implementation of a GSP without that
Party's written consent.
The Parties, to the maximum extent permitted under SGMA, agree to implement the GSP
in its own service area or cause the implementation of the GSP in its own service area through
written agreement, delegation or other means. Further, the Parties under this Agreement shall
endeavor to not prohibit or impose conditions upon the drilling or construction of any new
permitted groundwater well developed for beneficial uses or operation of a water system within
the sphere of influence of another Party.
To further carry out the purpose and intent of the Agreement, the Parties agree to the
following actions:
(a) The implementation and management of a GSP within this cooperation or managed
area ("Area") with a boundary which includes the GSAs of the Parties as outlined on the
Eastern San Joaquin Subbasin GSA Area Map attached hereto as Exhibit A and made a
part hereof.
(b) The Parties may develop, fund and implement mutually beneficial projects/programs
and collaborate with other local GSAs and other agencies to implement and update the GSP
consistent with the goals, interests, authorities and responsibilities of the Parties.
(c) The Parties will also have discretion under this Agreement to develop a separate GSP
if required for the Area and to work collaboratively with other GSAs within the Basin to
enter into coordination agreements as required under the Act. In addition, in the future, the
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EXHIBIT 1
Parties may decide to form a new entity in order to better serve the community as a GSA
under a Joint Powers Agreement or other legal agreement.
(d) The implementation of a GSP for the Area or in any coordination with other GSAs in
developing and implementing a Basin GSP will be consistent with the Parties' goals and
objectives.
(e) Nothing in this paragraph shall prevent the Parties from seeking reimbursement or
crediting for projects developed to meet the requirements of an agency to establish a
sustainable water supply.
H. RIGHTS AND RESPONSIBILITIES
This Agreement shall not confer on the Parties any power to alter any water right, contract
right, or any similar right held by the Parties individually or to amend any Party's water delivery
practices, course of dealing, or conduct, without the affected Party's express written consent, nor
shall the sharing of any intellectual property or other information or technical know-how of any
Party to create any right or license to such intellectual property, information or technical know-
how, except as may be expressly granted by the affected Party in writing.
All such intellectual property, information, and technical know-how that any Party may
share in connection with the Party's participation pursuant to this Agreement shall remain the sole
property of the affected Party.
Nothing in this Agreement shall be interpreted as superseding the land use authority, police
power, or any other authorities of a Party.
III. COORDINATING COMMITTEE
A Coordinating Committee will be established and made up of at least one staff member
from each Party and shall meet at least on a semi-annual basis or otherwise as needed.
The Committee shall develop a process to authorize, direct, and coordinate GSA activities
of the Parties, including the development, planning, financing, environmental review, permitting,
implementation, long-term monitoring, projects, and programs of the GSP for the Area, and/or for
the portion of a GSP developed and implemented for the Basin that is applicable to the Area. In
addition, the Committee may delegate tasks and responsibilities to other staff, organizations,
consultants and/or contractors on direction from their Governing Bodies.
The Committee shall keep their Governing Bodies apprised of its activities, and may from
time to time, attend Governing Body meetings for the purpose of seeking approval on proposed
actions, answering questions and providing information.
In addition to being responsible for development and implementation of the GSP or portion
of a Basin GSP for the Area, the Committee shall have responsibility for the following:
(i) Develop and implement a stakeholder participation plan as needed, pursuant to the
requirements of the Act and the GSP regulations that involves the public and area
stakeholders in developing and implementing the GSP.
EXHIBIT 1
(ii) Coordinate with other entities within and without the Basin regarding GSP
implementation and future updates as required by the Act and the GSP regulations.
(iii) Work cooperatively to develop agreement on specific actions, recommendations and
positions before communicating their GSA's positions on specific issues with other entities
within the Basin, whenever feasible.
(iv) Establish positions on GSP issues which may affect the other Parties to this Agreement
after majority approval of the Agreement by the Governing Bodies.
(v) Each Party's participation in this Agreement is at that Party's sole cost and expense.
(vi) The Parties shall mutually develop a budget and cost sharing agreement as needed for
any work to be undertaken under this Agreement. Both the budget and cost sharing
agreement shall be approved by the Governing Body of each Party by unanimous vote prior
to implementation and before any financial expenditures, financial obligations or liabilities
may be incurred by the Parties. Expenditures as well as any income, funding, grants or
other funds received by the Parties under this Agreement must be included within a budget
developed by the Committee.
IV. COMMUNICATION
To provide for consistent and effective communication between Parties, each Party agrees
to designate one staff representative as its central point of contact on matters relating to this
Agreement. Additional representatives may be appointed to serve as points of contact on specific
actions or issues.
All notices, statements, or payments related to implementing the objectives of this
Agreement shall be deemed to have been duly given if given in writing and either delivered
personally or mailed by first-class, registered, or certified mail as follows to the following
individuals or their successors:
Woodbridge Irrigation District
Anders Christensen, General Manager
PO Box 580
18750 N. Lower Sacramento Road
Woodbridge, CA 95258
widirrigation@gmail.com
Phone: 209-625-8438 Fax: 209-625-8663
City of Lodi
Steve Schwabauer, City Manager
221 West Pine Street
PO Box 3006
Lodi, CA 95241
sschwabauer@fodi.gov
Phone: 209-333-6700 Fax: 209-333-6807
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EXHIBIT 1
City of Stockton
John Abrew, Director
Department of Municipal Utilities
2500 Navy Drive
Stockton, CA 95206-1191
John.Abrew@stocktonea.gov
Phone: 209-937-8758 Fax: 209-937-8577
V. TERMINATION, WITHDRAWAL AND ADDITIONAL PARTIES
(i) Termination - This Agreement may be terminated upon unanimous written consent of
all the Parties.
(ii) Withdrawal - A Party may unilaterally withdraw from this Agreement without causing
or requiring termination of the Agreement, effective upon thirty (30) days written notice to
the remaining Parties. A Party that has withdrawn from this Agreement shall remain
obligated to pay its share of expenses and obligations as outlined in the budget and cost
share agreement included or accrued up to the date the Party provided notice of withdrawal.
A Party withdrawing from this Agreement shall expressly retain the right and responsibility
to serve as the GSA for the groundwater basin underlying its boundary or join with other
GSA entities in the basin to comply with the groundwater management activities required
under SGMA.
(iii) Additional Parties - Additional agencies may join the Agreement and become a Party
to the Agreement provided that the prospective new Party, (a) is eligible to join a
groundwater sustainability agency as provided under SGMA, (b) pays all previously
incurred costs that have benefited the new Party, (c) agrees in writing to the terms and
conditions of this Agreement and (d) is approved by all the Parties.
VI. AMENDMENT, INDEMNIFICATION AND INSURANCE
(i) Amendment - This Agreement may be amended only by a subsequent writing, approved
and signed by all Parties. Approval from a Party is valid only after that Party's Governing
Body approves the amendment at a public meeting. GSA staff, and individual Governing
Body members do not have the authority, express or implied, to amend, modify, waive or
in any way alter this Agreement of the terms and conditions hereof.
(ii) Indemnification - No Party, nor any officer or employee of a Party, shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be done by
another Party under or in connection with this Agreement. The Parties further agree,
pursuant to California Government Code section 895.4, that each Party shall fully
indemnify and hold harmless the other Parties and their respective agents, officers,
employees and contractors from and against all claims, damages, losses, judgments,
liabilities, expenses, and other costs, including litigation costs and attorney fees, arising
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EXHIBIT 1
out of, resulting from, or in connection with any work delegated to or action taken or
omitted to be taken by the indemnifying Party under this Agreement. Each Party shall
additionally include within any third -party contract entered into in furtherance of this
Agreement, provisions requiring the contractor, consultant or vendor to indemnify, defend,
and hold harmless the other Parties to the same extent as the contracting Party is
indemnified.
(iii) Insurance - Each Party shall include within any third -party contract entered into in
furtherance of this Agreement, provisions requiring the contractor, consultant or vendor to
provide insurance coverage to the other Parties equivalent to the coverage provided to the
contracting Party. Without limiting the foregoing and to extent the following policies are
required by the contract, the non -contracting Parties shall: (1) be named as additional
insured and provided coverage on a primary and non-contributory basis on the contractor,
consultant or vendor's policies of commercial general liability and business automobile
liability insurance and (2) be included in any waiver of subrogation endorsements issued
on the commercial general liability, business automobile liability and workers'
compensation/employer's liability policies.
VII. MISCELLANEOUS
(i) Execution in Counterpart - The Parties intend to execute this Agreement in counterparts.
It is the intent of the Parties to hold one (1) counterpart with single original signatures to
evidence the Agreement and to thereafter forward (# of Parties to Agreement) other original
counterparts on a rotating basis for all signatures. Thereafter, each Party shall be delivered
an originally executed counterpart with all Party signatures.
(ii) Term of Agreement - This Agreement shall become operative upon its execution by
each of the named Parties. The term of this Agreement is indefinite and will cease existence
only upon termination by the Parties.
(iii) Choice of Law - This Agreement is made in the State of California, under the
Constitution and laws of such State and is to be so construed.
(iv) Severability - If any provision of this Agreement is determined to be invalid or
unenforceable, the remaining provisions will remain in force and unaffected to the fullest
extent permitted by law and regulation.
(v) Entire Agreement - This Agreement 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 nor force and effect.
(vi) Construction and Interpretation - The Parties agree and acknowledge that this
Agreement has been developed through negotiation, and that each party has had a full and
fair opportunity to revise the terms of this Agreement. 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 Agreement.
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EXHIBIT 1
IN WITNESS WHEREOF, the Parties' hereto have executed this Agreement as of the
dates set forth below.
CITY OF STOCKTON
Lo
LAURIE MONTES
INTERIM CITY MANAGER
ATTEST:
ELIZA R. GARZA, CMC
CITY CLERK
APPROVED AS TO FORM:
JOHN M. LUEBBERKE
CITY ATTORNEY
CITY OF LODI
STEVE SCHWABAUER
CITY MANAGER
APPROVED AS TO FORM:
JANICE D. MAGDICH
CITY ATTORNEY
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EXHIBIT 1
WOODBRIDGE IRRIGATION
DISTRICT
APPROVED AS TO FORM:
COUNSEL
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RESOLUTION NO. 2020-13
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE COOPERATION AGREEMENT WITH
WOODBRIDGE IRRIGATION DISTRICT AND CITY OF STOCKTON
TO COLLECTIVELY MANAGE GROUNDWATER RESOURCES
WHEREAS, in 2014, the Governor signed legislation creating the Sustainable
Groundwater Management Act ("SGMA") "to provide local groundwater sustainability
agencies with the authority and technical and financial assistance necessary to
sustainably manage groundwater" (Wat. Code, § 10720, (d)); and
WHEREAS, the City of Lodi is a member of the Eastern San Joaquin
Groundwater Authority ("GWA"), formed to develop a groundwater sustainability plan
("GSP") and coordinate sustainable groundwater management in the Eastern San
Joaquin Subbasin. Wat. Code, § 10723.6(i) of SB 1168 states that "the following
agencies created by statute to manage groundwater shall be deemed the exclusive local
agencies within their respective statutory boundaries with powers to become a
Groundwater Sustainability Agency (GSA);" and
WHEREAS, the SGMA requires sustainable management through the
development of GSPs, which can be a single plan developed by one or more GSA or
multiple coordinate plans within a basin or subbasin (Wat. Code, § 10727); and
WHEREAS, the GWA submitted an Initial Notification to the Department of Water
Resources (DWR) on behalf of its members to jointly develop a GSP for the Eastern San
Joaquin Subbasin on February 8, 2017; and
WHEREAS, the City of Lodi's, the City of Stockton's, and Woodbridge Irrigation
District's jurisdictional boundaries overlay the north and western portions of the Eastern
San Joaquin Groundwater Subbasin (Basin), defined under Department of Water
Resources Bulletin 118 and designated a high-priority basin in critical overdraft; and
WHEREAS, the City of Lodi, the City of Stockton, and Woodbridge Irrigation
District have Mokelumne River water rights, long-term water supply agreements,
interests, water resources management, land use and/or other responsibilities within this
portion of the Basin; and
WHEREAS, the City of Lodi, the City of Stockton, and Woodbridge Irrigation
District intend by this agreement to set forth a framework under which they will
collectively manage groundwater and other resources between their GSAs, in
accordance with an adopted Basin GSP and in consideration of the interests of all
beneficial uses and the common good of all users of groundwater within their GSAs, and
to work cooperatively with other GSAs in the Basin as necessary; and
WHEREAS, staff recommends that the City Council enter into a Cooperation
Agreement with the City of Stockton and Woodbridge Irrigation District to jointly manage
a portion of the Eastern San Joaquin Subbasin within their collective jurisdictions.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Lodi City Council
does hereby:
1. Enter into a Cooperation Agreement between the City of Lodi, the City of
Stockton, and Woodbridge Irrigation District to jointly manage groundwater
resources within the Eastern San Joaquin Subbasin, a copy of which is attached
as Exhibit A and incorporated by this reference.
2. Authorize the Municipal Utilities Department to work in collaboration with the City
of Stockton and Woodbridge Irrigation District to implement the projects and
programs developed in the Groundwater Sustainability Plan (GSP) to comply
with the SGMA.
3. Authorize the City Manager or his designee to take whatever actions are
necessary and appropriate to carry out the purpose and intent of this Resolution;
and
4. Pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19,
Resolution No. 2019-223), the City Attorney is hereby authorized to make minor
revisions to the above -referenced document(s) that do not alter the
compensation or term, and to make clerical corrections as necessary.
Dated: January 15, 2020
I hereby certify that Resolution No. 2020-13 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 15, 2020, by the following
vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and Mayor
Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2020-13
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