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LEAD AGENCY AGREEMENT
FOR RAYMOND BASIN CONJUNCTIVE USE PROGRAM
This Lead Agency Agreement, hereinafter referred to as Agreement, is entered
into as of January 8, 80013 between The Metropolitan Water District of Southern
California, a public agency of the State of California, organized and existing under the
Metropolitan Water District Act of the State of California, hereinafter referred to as
"Metropolitan" and the public agencies that produce water from the Raymond Basin (the
cities of Alhambra, Arcadia, Pasadena, and Sierra Madre, Kinneloa Irrigation District, La
Canada Irrigation District, and San Gabriel County Water District) hereinafter
collectively referred to as the "Basin Public Agencies ".
RECITALS
A. Metropolitan is a public agency of the State of California engaged in
transporting, storing, and distributing water in the counties of Los Angeles, Orange,
Riverside, San Bernardino, San Diego, and Ventura, within the State of California.
B. The rights of the Basin Public Agencies to produce water from the
Raymond Basin were decreed by the Superior Court of the State of California in City of
Pasadena v. City of Alhambra et al., Los Angeles Superior Court No. Pasadena C -1323,
as modified and restated on March 26, 1984 (the "Raymond Basin Judgment "). The
utilization of groundwater storage capacity in the Raymond Basin, including the approval
of all storage accounts, is administered as provided in the Raymond Basin Judgment.
C. Metropolitan and the Basin Public Agencies desire to establish a process
to perform environmental review on: the proposed Raymond Basin Conjunctive Use
Program (the " RBCUP Project "), which may be executed at a future date. If executed,
the RB CUP Project would generally be comprised of a groundwater component
consisting of storage and extraction facilities and an East Valley Feeder component
(EVFE) consisting of an extension of Metropolitan's existing feeder. If the Project is
approved and constructed, the RBCUP Project will enable Metropolitan to use storage
capacity in the Raymond Basin and will improve Metropolitan's existing distribution
system that extends within the Raymond Basin.
D. If executed, the RBCUP Project will require the approval of more than one
public agency. The California Environmental Quality Act (CEQA-- Public Resources
Code 21000 et seq.) provides that where a project is to be carried out or approved by
more than one public agency, only one public agency shall be responsible for preparing
the environmental documentation. The Basin Public Agencies are entering into this
Agreement to provide that Metropolitan shall be the lead agency for purposes of CEQA
in preparing the environmental documentation for the RBCUP.
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NOW, THEREFORE, in consideration of the above recitals and of the mutual
promises contained, the Parties hereby agree as follows:
1. Scope of Work
Metropolitan and the Basin Public Agencies desire to perform environmental and
groundwater studies and to prepare the necessary environmental documentation pursuant
to the CEQA so that such necessary environmental documentation has already been
completed in the event that the RBCUP Project is approved. Metropolitan will be the
lead agency for the CEQA studies for the proposed RBCUP Project and will have full
discretion to fulfill the obligations of CEQA lead agency with respect to the proposed
RBCUP Project. Metropolitan will provide for the processing and preparation of any
required environmental documents. Metropolitan will fund the environmental and
groundwater studies and the preparation of CEQA documentation for the proposed
RBCUP Project in accordance with the provisions contained in this Agreement.
Metropolitan and the Basin Public Agencies have mutually developed and by this
Agreement approve the scope of work (Exhibit A "Scope of Work ") and budget to be
performed for the proposed RBCUP Project studies and CEQA documentation. Legal
work, in -house staff time, and any other work on the proposed RBCUP Project not
mutually approved in the scope of work shall not be subject to this Agreement and shall
be separate expenses of each Parry. Metropolitan will review and pay all invoices for
costs incurred producing the groundwater and environmental studies for the project to the
maximum amount stated in Article 4 below. The Scope of Work is anticipated to utilize
Raymond Basin baseline groundwater studies (Baseline Studies) that will be
accomplished and made available by the Basin Public Agencies.
2. Basis for RBCUP
Metropolitan and the Basin Public Agencies believe based on current information
that a minimum of 75,000 acre -feet of non - native water can be stored in the Raymond
Basin at any one time with no more than 25,000 acre -feet of water produced in any year.
Metropolitan and the Basin Public Agencies understand that the current estimate for
storage and extraction capacity may be changed based on new information provided by
the Baseline Studies and/or the environmental and groundwater studies developed and
incorporated into the CEQA documentation as specified in Exhibit A. The operation of
the proposed RBCUP Project groundwater component will be consistent with the
principles attached to this Agreement as Exhibit B( "Metropolitan's Groundwater Storage
Principles "). For purposes of this Agreement, Metropolitan's adopted principles are
hereby clarified to indicate that groundwater storage programs shall be designed so that
there are no negative water quality or supply reliability impacts to Metropolitan's
member agencies or to any other Basin water purveyor. The operation of the proposed
RBCUP Project will be further defined in a separate agreement. No agreement for
construction or operation of the Project will be executed without the prior certification of
the appropriate environmental documentation by Metropolitan and the Basin Public
Agencies as required by CEQA. No parties to this Agreement shall be committed to
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enter into a project agreement or to defend any resulting CEQA documentation in
litigation.
3. Agreement Administrator
For purposes of this Agreement, Metropolitan designates Ms. Kathleen Kunysz as
its Agreement Administrator. Metropolitan reserves the right to change this designation
upon written notice to the Basin Public Agencies. The Agreement Administrator shall
maintain good and accurate records of account, receipts and expenditures for the Project.
4. Maximum Amount Payable
Metropolitan agrees to fund the cost of the CEQA studies that it undertakes
hereunder, up to $210,000. Metropolitan will not be obligated to spend more than
$210,000 under the terms of this Agreement unless an increase is authorized in writing by
Metropolitan. The Basin Public Agencies shall not be obligated to fund any portion of
the cost of the CEQA studies under the terms of this Agreement.
5. Work Product
Any work product or reports prepared by consultants relating to the groundwater
component where Metropolitan pays any or all of the consultant's costs pursuant to this
Agreement, shall be the joint property of Metropolitan and the Basin Public Agencies.
Metropolitan and the Basin Public Agencies shall be provided with duplicate copies of all
such work product. Metropolitan and the Basin Public Agencies shall independently
review, timely comment on and determine the adequacy of the work product in order to
ensure completeness, accuracy and objectivity. The Basin Public Agencies may review
the work product with nonpublic agencies of the Raymond Basin Management Board to
provide their comments. Metropolitan shall make reasonable efforts to resolve any
disputes regarding the adequacy of the work product.
6. Indemnity
Metropolitan assumes all risk of injury to its employees, agents and contractors,
including loss or damage to property.
Metropolitan shall defend, indemnify and hold harmless the Basin Public
Agencies, their respective Boards of Directors, officers, employees and agents from and
against all claims, suits or causes of action for injury to any person or damage to any
property arising out of any intentional or negligent acts or errors or omissions arising out
of Metropolitan's or consultant's performance of obligations under this Agreement.
The Basin Public Agencies assume all risk of injury to their respective employees,
agents and contractors, including loss or damage to property.
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7. Termination
Any party may terminate this Agreement with or without cause by providing
written notice to the other parties not less than one hundred and twenty (120) business
days prior to an effective termination. The Agreement shall not extend beyond three
years from the date the agreement is entered into unless extended by mutual consent;
provided however, that Section 6 (Indemnity) and Sections 8 through 14 shall remain in
effect as to actions or failures to act under the Agreement during the period until notice to
terminate is given pursuant to this Section 7 (Termination).
Reimbursement
If the Project is not implemented and any of the Basin Public Agencies
implements a storage program that uses any portion of the groundwater studies or
environmental documentation provided by Metropolitan for the proposed RBCUP Project
as apart of this Agreement, that Basin Public Agency or Agencies shall reimburse
Metropolitan for the costs incurred in developing the portion of such studies and
environmental documentation used by the Basin Public Agency or Agencies.
9. Notices
Any notice or communication given under this Agreement shall be effective when
deposited, postage paid, with the United States Postal Services and addressed, if to
Metropolitan, as follows:
The Metropolitan Water District of Southern California
Post Office Box 54153
Los Angeles, CA 90054 -0153
Attention: Ms. Kathleen M. Kunysz
Tel. (213) 217 -6272 Fax (213) 830 -4551
and, if addressed to any other party, to such party in care of the following:
Raymond Basin Management Board
Post Office Box 686
La Canada Flintridge, CA 91012 -0686
Attention: Ron Palmer, Executive Officer
10. Severability
If any provision of this Agreement shall be held illegal, invalid or unenforceable,
in whole or in part, such provision shall be modified to the minimum extent necessary to
make it legal, valid and enforceable, and the legality, validity and enforceability of the
remaining provisions shall not be affected thereby.
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11. Jurisdiction and Venue
This Agreement shall be deemed a contract under the laws of the State of
California and for all purposes shall be interpreted in accordance with such laws. The
parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of
California and that the venue of any action brought thereunder shall be Los Angeles
County, California.
12. Waiver
No delay or failure by any party to exercise or enforce at any time any right or
provision of this Agreement shall be considered a waiver thereof or of such party's right
thereafter to exercise or enforce each and every right and provision of this Agreement. A
waiver to be valid shall be in writing but need not be supported by consideration. No
single waiver shall constitute a continuing or subsequent waiver.
13. Entire Agreement
a. This writing contains the entire Agreement of the parties relating to
the subject matter thereof; and the parties have made no agreements,
representations or warranties relating to the subject matter hereof which are not
set forth herein. Except as provided herein, this Agreement may not be modified
or altered without formal amendment thereto.
b. Notwithstanding the foregoing, and to realize the purpose of this
Agreement, the Agreement Administrator shall promptly notify the Basin Public
Agencies of any modification to the scope of work and budget developed for the
RBCUP Project pursuant to section 1 above.
14. Joint Drafting
The parties have participated in the drafting of this Agreement.
[Remainder of Page Intentionally Blank — Signature Page Follows]
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IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed as of the date first set forth above.
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By:
Ronald G
Chief Executive Officer
APPROVED AS TO FORM:
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oCity of Alhambra, a Municipal
corporation
By:
Jul J. Fu ntes
Title: City Manager
APPROVED AS TO FORM:
By:
os Mont
Title:—City Attorn
City of Arcadia
Title: City Manager
APPROVED AS TO FORM:
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By: %1(n,..
Title: City Attornev
ATTEST:
Ci�ff Clerk
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Kinneloa Irrigation District
Title: (�
APPROVED AS TO FORM:
City of Pasadena
By:
Title:_
APPROVED AS TO FORM:
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City of Sierra Madre
APPROVED •
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La Canada Irrigation District
By:
Title:
APPROVED AS TO FORM:
By: Gi 6,
Title: jL�
San Gabriel County Water District
By: 'Al-
Title: V ,Ay
APPROVED AS TO FORM:
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EXHIBIT A
SCOPE OF WORK
RBCUP CEQA DOCUMENTATION
TASK
MWD
Comments
COST
1. Definition of Project Description
NA
MWD/Pasadena/Foothill MWD will
Project Purpose
provide staff time to develop project
Identify Responsible and Permitting Agencies
description.
Facilities
M_ etropolitan Facilities
East Valley Feeder Extension to deliver State Project Water
– alignment and engineering description,
Pasadena/Foothill Facilities
location and number of existing /refurbished/new wells for
injection and appurtenances,
use of existing pipelines between wells and feeder extension,
location of wells to be used to withdraw stored water
Operation Alternatives
Alternative 1.
Storage of 75,000 AF State Project water /in -lieu over 4 yr period
Withdrawal of 25,000AFY during dry years or emergency
25 year program
Other Alternatives
TBD based on further analyses of Raymond Basin
(program sizing, alternate location of injection and extraction facilities as
needed to avoid/minimize significant adverse impacts)
2. Preliminary Engineering of Facilities
NA
MWD will provide preliminary
Perform preliminary engineering necessary to address feasibility, preliminary
engineering for East Valley Feeder
estimate of construction and operational costs, and to develop CEQA -level
Extension. Pasadena/Foothill
project description
MWD will provide preliminary
engineering for well designs.
Metropolitan East Valley Feeder Extension
$130,000
Feeder Extension Pipeline -- Preliminary design work: structural design,
hydraulic analysis, plan and profiles, utility search, design of tie -in to existing
service connections
Pump Station — Preliminary evaluation: pumping requirements, horsepower
requirements, preliminary design
Pasadena/Foothill Facilities
NA
Pasadena /Foothill MWD
Identification of facilities and preliminary design to be provided by
Pasadena/Foothill
3. Environmental Studies
(Based on proposed construction footprint/areas potentially affected)
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Characterize Existing Conditions in the Project Area
Feeder Extension pipeline alignment
Noise, air quality, traffic, biological resources (arroyo toad, other),
land use, cultural resources at construction locations, and other
adjacent sensitive resources and receptors.
Well locations and any new appurtenant pipeline
$5,000
Pasadena /Foothill MWD will
Noise, air quality, traffic, biological resources (arroyo toad, other),
provide basic information based on
land use, cultural resources at construction locations, and other
their experience locating wells
adjacent sensitive resources and receptors.
within their service area.
Existnig use and management of the groundwater basin for water supplies
NA
Rely on existing data and
Surface spreading
information generated by Baseline
Groundwater Production
Studies.
Existing delivery of imported water
Groundwater Basin:
NA
MWD — CH2MHi11 report
Geohydrology of the basin and subbasins, connectivity to adjacent
basins
groundwater levels (fluctuation over time),
NA
Input from RBMB. Obtain data
from Baseline Studies.
water quality characterize different portions of basin as appropriate;
NA
Input from RBMB. Obtain data
and
from Baseline Studies.
compare to SWP water to be stored),
NA
MWD will provide data on SWP
water quality.
groundwater contamination and remediation efforts
NA
Input from RBMB. Obtain data
from Baseline Studies.
Evaluate Impacts of Facility Construction
$ 5,000
Evaluate impacts from construction of feeder pipeline and wells (including
appurtenances):
Noise, air quality, traffic, biological resources (arroyo toad, other), land use,
cultural resources at feeder pipeline and well (including appurtenances)
construction locations
Identify Mitigation Measures
$ 5,000
Identify mitigation measures to address impacts of facility construction
Evaluate Impacts of Facility/Program Operation
$ 5,000
Evaluate impacts of operation and maintenance of feeder pipeline and wells
(incl. appurtenances)
Noise, air quality, energy use, traffic, biological resources (arroyo
toad, other), land use, cultural resources at construction locations, and
other adjacent sensitive resources and receptors.
Identify Mitigation Measures
$ 5,000
Identify mitigation measures to address impacts of Facility Operation
Evaluation of operational impacts of groundwater storage and extraction
$40,000
Evaluation of Program — $15K
Hydrology and Water Quality, biological resources (arroyo toad,
Modeling Program - $25K
other), land use, and other adjacent sensitive resources and receptors.
Identify Mitigation Measures
$5,000
Input from RBMB.
Identify mitigation measures to address impacts of Program Operation
4. CEQA Document Preparation and Circulation for Public Review
$10,000
Writing of sections
Development of graphics
Printing
APW
Development of mailing list
Document mailing
Evaluation and response to comments
Correspondence with appropriate agencies
Applicable forms and fees required under CEQA
Newspaper/legal notification
TOTAL ESTIMATED COST: 1$210,000
EXHIBIT B
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Metropolitan's Groundwater Storage Principles
•
Regional Benefit — Groundwater storage programs must provide regional benefits to
increase dry -year supply (in accordance with the board's Water Surplus and
Drought Management Plan) and reduce capital costs associated with
Metropolitan's distribution system. Benefits must outweigh the risks involved
with developing the program.
• Partnership — Groundwater storage programs must have strong local support in order
to be successful. Partnership might also involve coordination of funds from
other sources (e.g., state /federal funds).
• Address Local Needs — When developing groundwater storage programs,
Metropolitan must consider the individual needs of the groundwater basin and
local communities. Programs should consider issues such as water quality,
reliability of supply financial benefits and groundwater level.
• No Unmitigated Negative Water Supply or Water Quality Impact — Groundwater
storage programs should be designed so there are no negative water quality or
supply reliability impacts to Metropolitan's member agencies.
• Financial Integrity — Programs should ensure the financial integrity of Metropolitan
and its member agencies consistent with the Strategic Plan Policy Principles
(principles) which was approved by the Board on December 14, 1999. The
Principles will be included in a new Strategic Plan to be adopted next year.
Investments made by Metropolitan for storage will not be used by local
agencies to reduce their demands for Metropolitan's imported supply in a
manner that threatens financial integrity. Participating member agencies
would commit to the purchase of fixed amounts of imported water from
Metropolitan.
• Phased Approach — Groundwater storage programs should be implemented in. phases.
At first, smaller -scale programs should be designed to meet overlying demand
in lieu of Metropolitan's surface deliveries. As the programs are operated,
levels of trust can be established and technical issues resolved. If successful,
these programs can be expanded to the point where groundwater can be
exported to other parts of the service area.
Shared Risk — There are risks associated with developing any water resource
program, including groundwater storage. Metropolitan should be willing to
share the appropriate risk of implementing groundwater storage programs
with local entities to the extent benefits outweigh the risks.
MWD Board Adoption! January 2000