CC 2020-06-23_08f Groundwater Sustainability Agreement MOAMEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, ACTING CITY MANAGER/PUBLIC WORKS
DIRECTOR
BY: SHANE TAYLOR, UTILITIES MANAGER
SUBJECT: CONSIDERATION OF A MEMORANDUM OF AGREEMENT
REGARDING PREPARATION OF A GROUNDWATER SUSTAINABILITY
PLAN FOR THE SANTA MARIA RIVER VALLEY – ARROYO GRANDE
SUBBASIN
DATE: JUNE 23, 2020
SUMMARY OF ACTION:
Approval of a Memorandum of Agreement (MOA) for preparing a Groundwater
Sustainability Plan (GSP) for the Santa Maria River Valley – Arroyo Grande Subbasin.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no impact to financial resources. Approximately 80 hours of staff time will be
required to participate in the GSP preparation.
RECOMMENDATION:
It is recommended that the City Council approve the MOA regarding preparation of a
Groundwater Sustainability Plan for the Santa Maria River Valley – Arroyo Grande
Subbasin with the County of San Luis Obispo.
BACKGROUND:
On March 28, 2017, the City Council adopted a resolution directing the formation of a
Groundwater Sustainability Agency (GSA) over the non-adjudicated portion of the Santa
Maria Groundwater Basin within the Arroyo Grande city limits in compliance with the
Sustainable Groundwater Management Act of 2014 (SGMA). The Department of Water
Resources (DWR) approved the Arroyo Grande GSA.
On February 11, 2019 DWR released the final 2018 Basin Boundary Modifications. The
Santa Maria River Valley Basin – Arroyo Grande Subbasin was created which includes
the fringe area of the “old basin” that is not adjudicated. The new subbasin has been
identified as a very low priority basin.
The subbasin, per SGMA does not require a GSP; however, a Proposition 1 Sustainable
Groundwater Planning Grant was awarded to the County for GSP development within the
“fringe” areas of the old basin.
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF A MEMORANDUM OF AGREEMENT REGARDING
PREPARATION OF A GROUNDWATER SUSTAINABILITY PLAN FOR THE SANTA
MARIA RIVER VALLEY – ARROYO GRANDE SUBBASIN
JUNE 23, 2020
PAGE 2
The GSP will provide information necessary for the preparation of the Arroyo Grande
Creek Habitat Conservation Plan under development by the San Luis Obispo County
Flood Control and Water Conservation District (District).
ANALYSIS OF ISSUES:
The MOA provides for preparation of a GSP which will be funded by DWR and the District,
including the 10% local cost share which the City was slated to fund. The GSP will provide
all of the Flood Control District Zone 3 members valuable information. The City negotiated
for Zone 3 to fund the 10% match not to exceed $50,000. The MOA allows City staff to
participate in all aspects of the GSP preparation.
The GSP will include a hydraulic model of the subbasin. This model will be used to
understand how Lopez Dam releases effect the subbasin and how water can be
sustainably pumped while still providing sufficient water flow for the environment. The
information contained in the GSP will help complete the Habitat Conservation Plan (HCP)
for the Arroyo Grande Creek, which has been in development for 20 years. The HCP is
crucial to operation of Lopez Dam and how downstream releases are managed.
ADVANTAGES:
Approval of the MOA will provide a cooperative process between San Luis Obispo County
GSA and Arroyo Grande GSA to manage the Arroyo Grande Subbasin while the City will
maintain management rights of the portion of the subbasin in the City limits.
DISADVANTAGES:
The preparation of the GSP will require an estimated 80 hours of staff time.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve the MOA;
2. Do not approve the MOA; or
3. Provide direction to staff.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 8.f. - Page 2
Page 1 of 7
MEMORANDUM OF AGREEMENT REGARDING PREPARATION OF A
GROUNDWATER SUSTAINABILITY PLAN FOR
THE SANTA MARIA RIVER VALLEY - ARROYO GRANDE SUBBASIN
This Memorandum of Agreement (“MOA”) is entered into by and between the City of
Arroyo Grande (“City”) and the County of San Luis Obispo (“County”) (each referred to
individually as a “Party” and collectively as the "Parties") for purposes of coordinating
preparation of a single groundwater sustainability plan for the Santa Maria River Valley –
Arroyo Grande Subbasin.
Recitals
WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate
Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable
Groundwater Management Act (“SGMA”), which became effective on January 1, 2015 and
which have been and may continue to be amended from time to time; and
WHEREAS, SGMA requires the establishment of a groundwater sustainability agency
(“GSA”) or agencies and the adoption of a groundwater management plan (“GSP”) or plans
for all basins designated as medium- or high-priority by the California Department of Water
Resources (“DWR”) but authorizes such activities within all basins defined in DWR Bulletin
No. 118 or as modified by DWR subject to certain enumerated exceptions; and
WHEREAS, on February 11, 2019, DWR released the Final 2018 Basin Boundary
Modifications, which created two separate subbasins out of the previously identified Santa
Maria River Valley Basin (DWR No. 3-012) (“Old Basin”) which included both an adjudicated
area (over which SGMA does not apply) and certain “fringe” areas, namely the Santa Maria
River Valley – Arroyo Grande Subbasin (DWR No. 3-012.02) (“Subbasin”) and the Santa
Maria River Valley – Santa Maria Subbasin (DWR No. 3-012.01); and
WHEREAS, although the Old Basin had been designated by DWR as a high-priority
basin, the Final SGMA 2019 Basin Prioritization Process and Results Document identifies
the Subbasin as a very low-priority basin; and
WHEREAS, prior to DWR’s creation of the Subbasin, both Parties decided to become
the GSA for the portion of the “fringe” areas of the Old Basin (i.e. those areas outside of the
adjudicated area) located within their respective service areas and informed DWR on their
decision and intent to undertake sustainable groundwater management therein; and
WHEREAS, also prior to DWR’s creation of the Subbasin, the County applied for and
was awarded a Proposition 1, Sustainable Groundwater Planning Grant (“Grant”) for GSP
development efforts within the “fringe” areas of the Old Basin and within the San Luis
Obispo Groundwater Basin; and
Item 8.f. - Page 3
Page 2 of 7
WHEREAS, the Grant Agreement between the County and DWR (“Grant Agreement”)
allocates $494,975 of the total Grant award to GSP development efforts within the fringe
areas of the Old Basin (Component 3) subject to the terms and conditions set forth in the
Grant Agreement, including, the condition that the County contribute a local cost share
equal to the amount of the Grant allocated to Component 3 (“Local Cost Share”); and
WHEREAS, although SGMA likely no longer requires the adoption of a GSP within
said areas, the Parties still desire to develop a GSP for the Subbasin given the existence of
the Grant (DWR has confirmed that use of Grant funds to fund the development of a GSP
within the newly created and prioritized Subbasin is consistent with the Grant and Grant
Agreement) and given that the technical analysis resulting from the development of the
GSP will likely provide information necessary for the preparation of the Arroyo Grande
Creek Habitat Conservation Plan under development by the San Luis Obispo County Flood
Control and Water Conservation District (“District”) as well as a better overall understanding
of the hydrogeologic processes in the Arroyo Grande Creek Watershed, both of which
would assist with effective management of the District’s Zone 3.
NOW, THEREFORE, it is mutually understood and agreed as follows:
S ection 1
Purpose
This MOA is entered into by the Parties for the purpose of establishing the manner
in which the Parties will coordinate in the development of a single GSP for the Subbasin
that will be considered for adoption by the City Council and the County Board of
Supervisors and that may be subsequently submitted to DWR for approval.
Section 2
Term
This MOA shall become effective on the date that the last Party signs (“Effective
Date”) and shall remain in effect until terminated in accordance with Section 8.1 below.
Section 3
City and County Roles and Responsibilities
3.1 The Parties shall work jointly to meet the objectives of this MOA.
3.2 The Parties shall retain the services of a consultant(s) to meet the objectives
of this MOA, including, but not limited to, preparation of a GSP for the Subbasin in
accordance with the provisions set forth in Section 4 and Section 6 below.
3.3 The Parties shall each designate a staff person(s) to participate in the
development of the GSP and related technical studies through, without limitation, the
provision of guidance and available data, in coordination with the consultant(s).
Item 8.f. - Page 4
Page 3 of 7
3.4 The Parties shall each be responsible for adopting the GSP and implementing
the GSP within their respective service areas. Notwithstanding the foregoing, nothing
contained in this MOA shall be construed as obligating either the City Council or the County
Board of Supervisors to adopt the GSP developed pursuant to this MOA or as preventing
either the City Council or the County Board of Supervisors from adopting the GSP
developed under this MOA in the event that the other elects not to adopt it.
3.5 The Parties may individually or jointly lead certain Subbasin-wide public
outreach and stakeholder involvement to improve development of the GSP in a manner
consistent with Section 4 below.
Section 4
Public Engagement
4.1 The Parties will collaborate jointly in coordination with the consultant(s) to
engage interested and affected stakeholders in the Subbasin regarding the development of
the GSP. The public engagement process may entail holding public meetings, workshops,
communicating through emails and postal mailings and establishing a web-based
communication portal. The City and County staff designated pursuant to Section 3.3 above
will provide regular updates to their respective governing bodies on the progress of the
GSP development.
4.2 Each draft chapter and/or section of the GSP provided by the consultant(s)
will first be internally reviewed by the City and County staff designated pursuant to Section
3.3 above and then subsequently made available for public comment during a specified
comment period. Comments received during each such period will be considered prior to
compilation and publication of the complete draft GSP which will also be made available
for public comment during a specified comment period prior to either Party’s adoption of
the GSP.
Section 5
Funding
5.1 For each year during the term of this MOA, the City and County staff
designated pursuant to Section 3.3 above shall develop an annual budget to implement
this MOA.
5.2 Subject to approval of said budget by the County Board of Supervisors, the
County agrees to fund all costs included in such approved budget contingent on the prior
occurrence of the following: subsequent to recommendation / endorsement by the District
Zone 3 Advisory Committee, the District includes in its approved annual budget(s) an
amount equal to ten percent (10%) of the Local Cost Share required under the Grant
Agreement with respect to Grant funds expended / claimed in connection with Component
Item 8.f. - Page 5
Page 4 of 7
3, but not to exceed a total of $50,000, and the District remits said amount to County in
accordance with invoices issued by County. Nothing herein shall be construed as requiring
the County Board of Supervisors or the District Board of Supervisors to approve any
particular budget or budget item in any year.
Section 6
Retention of Consultants
6.1 The County agrees to act as the contracting agent to retain the services of a
consultant(s) as described in Section 3.2 above.
6.2 Notwithstanding the foregoing, the County agrees that no request for
proposals will be circulated until City staff approves the scope of work included therein and
that a City staff representative shall be invited to participate in the various subsequent
stages of the selection process, including, but not limited to, review of proposals and
participation on interview panels.
6.3 All consultant contracts entered into by the County pursuant to this MOA
shall include a provision requiring that the consultant name the City as an additional
insured and to indemnify and hold the City harmless from damages and costs caused in
whole or in part by any negligent or wrongful act, error or commission of consultant.
Section 7
Notice
7.1 To provide for consistent and effective communication between the Parties,
each Party shall designate a representative as its central point of contact on matters
relating to this MOA.
7.2 All notices, statements, or payments related to this MOA shall be deemed to
have been duly given if in writing and delivered electronically, personally or mailed by first-
class, registered or certified mail to the Parties at the addresses set forth in Exhibit A. The
Parties may update Exhibit A from time to time without formal amendment to this MOA.
Section 8
Termination
8.1 This MOA may be terminated by either Party upon thirty (30) days written
notice to the other Party’s designated address as listed in Exhibit A.
Item 8.f. - Page 6
Page 5 of 7
Section 9
Miscellaneous
9.1 This MOA may be amended only in a writing signed by both Parties.
9.2 This MOA may be executed in counterparts, each of which shall be deemed
to be an original, but all of which, when taken together, shall constitute one and the same
agreement. This MOA may be executed and delivered by facsimile or scanned signature by
either of the Parties and the receiving Party may rely on the receipt of such document so
executed and delivered by facsimile or email as if the original had been received.
9.3 This MOA is made in the State of California, under the Constitution and laws
of said State and is to be so construed.
9.4 If any provision of this MOA is determined to be invalid or unenforceable, the
remaining provisions shall remain in full force and unaffected to the fullest extent
permitted by law and regulation.
9.5 This MOA 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 no force and effect.
9.6 The Parties agree and acknowledge that this MOA has been developed
through negotiation, and that each Party has had a full and fair opportunity to revise the
terms of this MOA. 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
MOA.
[signatures to follow on next page]
Item 8.f. - Page 7
Page 6 of 7
IN WITNESS WHEREOF, the Parties have executed this MOA by authorized officials
thereof on the dates indicated below.
CITY OF ARROYO GRANDE COUNTY OF SAN LUIS OBISPO
By: ________________________ By: ________________________
Its: _________________________ Its: _________________________
Date: _______________________ Date: _______________________
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL EFFECT: LEGAL EFFECT:
By: ________________________ By: ________________________
Its: ________________________ Its: ________________________
Date: _______________________ Date: _______________________
Deputy County Counsel
June 3, 2020
Item 8.f. - Page 8
Page 7 of 7
EXHIBIT A
PARTY ADDRESS LIST
County of San Luis Obispo
County Government Center, Room 206
San Luis Obispo, CA 93408
Attention: John Diodati, Interim Public Works Director
City of Arroyo Grande
Public Works Department
1375 Ash Street
Arroyo Grande, CA 93420
Attention: Bill Robeson, Director
Item 8.f. - Page 9
THIS PAGE INTENTIONALLY LEFT BLANK
Item 8.f. - Page 10