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HomeMy WebLinkAboutC-192309'7,0-Yb Aft C /yz3 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. .rr. 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 F =1 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. Aakk Aftk 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. AIW^ .rr. 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] r. N' N H 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: V Gn%,i ai —uu11JG,L 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: A. By: %1(n,.. Title: City Attornev ATTEST: Ci�ff Clerk 0 H W H H a O Kinneloa Irrigation District Title: (� APPROVED AS TO FORM: City of Pasadena By: Title:_ APPROVED AS TO FORM: M�f MAZZI City of Sierra Madre APPROVED • `.► t . ..r 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: IN Title: ... 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) 0 .lk 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 -MM 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