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CC 2012-11-13_08.h. MOU - County Integrated Regional Water Mgmt ProgramMEMORANDUM TO: CITY COUNCIL FROM: 4" TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE ClTY OF ARROYO GRANDE'S PARTICIPATION IN 'THE SAN LUIS OBISPO COUNTY'S INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM MEMORANDUM OF UNDERSTANDING DATE: NOVEMBER 13,2012 RECOMMENDATION: It is recommended that the City Council adopt a Resolution authorizing the City of Arroyo Grande to participate in the San Luis Obispo County Integrated Regional Water Management (IRWM) Program Memorandum of Understanding (MOU). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No new impacts are anticipated with the exception of potential staff time as needed to prepare grant application submittals. City staff already participates in meetings for the San Luis Obispo County Flood Control and Water Conservation District's Water Resources Advisory Committee (WRAC), which provides the forum for discussions involving the IRWM program. BACKGROUND: The State of California established the IRWM program as a means to integrate planning efforts and grant distributions within regional areas for water management related projects. Stakeholders within a region include municipalities, community service districts, agricultural and environmental interest groups, developers, and individuals. Each region prepares an IRWM plan which provides the governance to implement the funding of collaborative projects that focus on water supply, water quality protection and improvement, ecosystem preservation and restoration, groundwater monitoring and management and flood management. Our region is coterminous with the boundary of the San Luis Obispo County Flood Control and Water Conservation District (Flood Control District) and is comprised of three sub-regions: North-Coast, North County, and South County. The City of Arroyo Grande is located within the South County sub-region which includes Avila and San Luis Obispo to the north and extends southeast to Cuyama Valley. The Flood Control District is the lead agency for the Regional Water Management Group (RWMG), which is responsible for the implementation of the IRWM plan and is the entity that hosts the WRAC meetings. Item 8.h. - Page 1 CITY COUNCIL CONSIDERATION OF IRWM MOU NOVEMBER 13,2012 ANALYSIS OF ISSUES: To become a participating member of the IRWM program and to be eligible to apply for grant funding from the State, the City is required to sign the MOU. An agreement to participate in the IRWM program is non-binding and each member may independently implement water related projects and secure other funding sources. Participation may be terminated at any time upon a 30-day written notice. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Adopt the Resolution, authorizing participation in the MOU; 2. Do not adopt the Resolution; or 3. Provide direction to staff. ADVANTAGES: Participation in the IRWM program allows the City to participate in grant funding opportunities provided by the State's Proposition 84 grant program. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: None required. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, November 8, 2012. The Agenda and report were posted on the City's website on Friday, November 9, 2012. No public comments were received. Attachment: 1. MOU Item 8.h. - Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AU'THORIZING PAR'TICIPA'TION IN THE SAN LUIS OBISPO COUNTY'S INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM MEMORANDUM OF UNDERSTANDING. WHEREAS, the State of California has established an Integrated Regional Water Management (IRWM) planning and grant program pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); and WHEREAS, the Regional Water Management Group (RWMG) has been delegated the responsibility for the administration of the IRWM program, including establishing necessary procedures within the Memorandum of Understanding (MOU); and WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District is the Lead agency for the RWMG ; and WHEREAS, said procedures require all participants to commit to the MOU: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby: 1. Agrees to participate in the IRWM program as a signatory of the MOU; and 2. Appoints the Community Development Director to be the designated signatory. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was adopted this 13th day of November, 201 2. Item 8.h. - Page 3 RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE,CIN CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CW MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, ClN ATTORNEY Item 8.h. - Page 4 ATTACHMENT 1 San Luis Obispo County Region Integrated Regional Water Management Program Participants Memorandum of Understanding The undersigned agencies and organizations hereby agree as follows: 1. BACKGROUND The State of California has established an Integrated Regional Water Management (IRWM) planning and grant program pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Public Resource Code (PRC) Section 75001 et seq., also known as Proposition 84). This program is anticipated to be perpetuated andlor modified by future Bond acts. The IRW program provides guidance for collaborative efforts to manage all aspects of water resources in a region by crossing jurisdictional, watershed, and political boundaries to involve multiple agencies, stakeholders, individuals, and groups in order to address issues and differing perspectives of all entities involved through mutually beneficial solutions. Regions that develop IRW plans in accordance with the guidelines are eligible for certain water resources grant funding opportunities. In accordance with PRC Section 75001 (et seq.) and State IRW Program guidelines, a Memorandum of Understanding (MOU) (dated 2009), signed by eleven agencies within San Luis Obispo County, established a Regional Water Management Group (RWMG) for the San Luis Obispo County IRWM Region, and the San Luis Obispo County IRWM Region was officially accepted by the State in May 2009. The San Luis Obispo County IRW Region water resources stakeholders have determined the need to update the IRWM MOU in order to meet new State IRW guidelines, to clarify the governance structure for IRWM planning in the San Luis Obispo County IRW Region, and encourage broader participation. This MOU, in conjunction with the current IRWM Plan, sets forth the San Luis Obispo County IRWM Region's governance structure thereby allowing members and other stakeholders to understand how to participate in the IRWM Plan development and implementation. 2. PURPOSE, GOALS, AND APPROACH 2.1 Purpose. The purpose of this MEMORANDUM OF UNDERSTANDING (MOU) is to establish the mutual understandings among the San Luis Obispo County Region participants with respect to their joint efforts to develop and implement an Integrated Regional Water Management (IRWM) Plan for the San Luis Obispo County Region, including the definition of common IRWM terms, roles and responsibilities of IRWM Program Participants, and decision-making processes. 2.2 Goals. The goal .of the IRWM program is to provide a reliable, long-term, and high- quality water supply, and to establish a unified vision among the participants' goals for water quality improvement, ecosystem preservation, water supply protection and enhancement, ground water management and flood management, in the context of social justice and climate change adaptation, while protecting the environment. The adopted IRW plan will identify major water-related goals, objectives and conflicts within the region, consider a broad variety of water management strategies, identify the appropriate mix of water demand and supply management alternatives, water quality protections, flood management strategies, and environmental stewardship actions. 2.3 Approach. The San Luis Obispo County Region participants are specifying their shared intent to coordinate and collaborate on water management issues, giving consideration to disadvantaged communities and Native American tribes and their water related needs. In order to IRWM Memorandum of Understanding Page 1 of 8 Item 8.h. - Page 5 enhance participation of stakeholders, it will be necessary to work at a sub-regional level to better understand the water resources needs and priorities throughout the region. When applying for grants, the San Luis Obispo County Region will strive to distribute the grant funding request fairly across the geographic region. 'The goal is to distribute awarded funding from each grant cycle equally across the sub-regions (i.e. one quarter of the overall funding to benefit each of the three sub-regions' projectslprograms and one quarter of the overall funding to benefit regional projectslprograms), to the extent feasible. 3. DEFINITIONS 3.1 Integrated Regional Water Management Plan (Plan). A comprehensive plan for a defined geographic area which shall satisfy the requirements of California's IRWM Program. 3.2 San Luis Obispo County Region (Region). The geographic area of San Luis Obispo County, which is coterminous with the San Luis Obispo County Flood Control and Water Conservation District (District) boundary. 3.3 Local Agency. Any city, county, city and county, special district, joint powers authority, or other political subdivision of the state, a public utility as defined in Section 216 of the Public Utilities Code, or a mutual water company as defined in Section 2725 of the Public Utilities Code. 3.4 Program participants. Development and implementation of the Region's Plan is a collaborative effort undertaken by the Region's participants, as further discussed in Section 4. The effort is being led by the District, in partnership with the Regional Water Management Group, Water Resources Advisory Committee, Implementation Affiliates, and Interested Stakeholders. Only regional projects and programs to be implemented by those agencies which have adopted the Plan will be eligible for grant applications. The Region categorizes IRWM Program Participants into the following: 3.4.1 Regional Water Management Group (RWMG). A group in which three or more local agencies, at least two of which have statutory authority over water supply or water management, as well as those other persons who may be necessary for the development and implementation of the Plan, participate by means of this memorandum of understanding, in accordance with requirements of the California Water Code (CWC 5 10539). The Region's RWMG members are signatories to this MOU, have adopted the current Plan, and may designate a representative to participate in RWMG activities and its Working Group. The entities must be either a Local Agency or an IRS 501 (c)(3) nonprofit organization. The RWMG has the capacity to cany out projects (i.e. financial resources, management structure, adequate staffing). The agencieslorganizations that form the RWMG may have planning or implementation projects eligible for State IRWM grants. 3.4.2 Water Resources Advisory Committee (WRAC). This is the committee comprised of water purveyor, resource conservation district, environmental and agricultural, and other water resources representatives that was originally established in the 1940s to advise the District Board of Supervisors on water resource issues. The WRAC is a Brown Act committee that meets monthly, with the exception of July and August. Many participants are actively engaged in issues relevant to Plan development and implementation, and will represent important stakeholder groups throughout the program. 3.4.3 RWMG Working Group (Working Group). The Working Group will involve representatives from the RWMG who have technical expertise and are able to work on the details associated with IRWM efforts. The Working Group will engage stakeholders at a sub-regional level'in order to better understand the specific water resources needs and priorities of that sub- region. IRWM Memorandum of Understanding Page 2 of 8 Item 8.h. - Page 6 3.4.4 Implementation Affiliates. These entities will adopt the Plan by resolution, but would not be signatories of the MOU. The entities must be either a Local Agency or an IRS 50 1 (c)(3) nonprofit organization. The Implementation Affiliates have the capacity to carry out projects (i.e. financial resources, management structure, adequate staffing). In order to have a planning or implementation project eligible for State IRWM grants, agencies must be an Implementation Affiliate if they are not a part of the RWMG. 3.4.5 Interested Stakeholders. These individuals, organizations, and nonprofits (including those that are not IRS 50 1 (c)(3) nonprofit organizations) who are interested in the IRWM program. The Interested Stakeholders may sign a letter of support for the Plan, or otherwise provide input to the RWMG, but would not be eligible for directly receiving State IRWM grant funds. 3.5 Sub-regions. The Region's IRWM program seeks to engage stakeholders and understand the water resources needs of the Region. To adequately ensure this balanced access. and opportunity for participation in the IRWM program, the RWMG will utilize a sub-regional geographic structure, allowing more focused planning and local outreach efforts that are later brought into the context of the overall IRWM Region. These sub-regions have been deliberately defined in terms of logical planning and watershedl hydrogeologic unit boundaries. These "sub- regions" include the North Coast, North County, and South County (see Attachment 1). 3.6 Regional Projects or Programs. Projects or programs to be implemented by the RWMG and/or Implementation Affiliates are identified in the Plan and are based upon the State's IRWM Guidelines under which the current Plan was adopted, which includes but is not limited to: reducing water demand through agricultural and urban water use efficiency, increasing water supplies for any beneficial use, improving operational efficiency and water supply reliability, improving water quality, improving resource stewardship, and improving flood management. 3.7 Integration. Assembling into one document the water-related management strategies, projects, programs, and plans of the Region. The development and implementation of the Plan should demonstrate the RWMG is forming, coordinating and integrating separate efforts in order to function as a unified effort in a collaborative manner that balances interests and engages a variety of stakeholders and seeks to efficiently integrate regional resources. The Plan development will identify water management strategies for the Region and the priority projects and programs that demonstrate how these strategies work together to meet goals identified in Section 2. It will also identify regional benefits of linkages between projects and plans that address different primary water-related objectives (for example, identifying regional benefits of linkages between a water supply project and a flood management project in the same watershed). 4. IRWM PROGRAM PARTICIPANTS 4.1 Program Participant Structure. Elements of the Plan will be developed and implemented by the Program Participants. The RWMG, including the District as the Lead Agency, and the Implementation Affiliates are responsible for Plan development and implementation. 4.2 Plan Development and Implementation. The Region's Plan that was adopted by the District, developed in coordination with and approved by stakeholders in 2005, and updated in 2007, will be the basis for subsequent adopted Plans for the Region. The Working Group will propose changes to the previous versions of the Plan to comply with new State guidelines and incorporate new information and projects. Since a key element of the IRWM Program is integration, the RWMG will work with Program Participants to identify water management strategies for the Region and sub-regions and the priority projects that demonstrate how these strategies work together to meet the purpose and goals in Section 2. How each Program IRWM Memorandum of Understanding Page 3 of 8 Item 8.h. - Page 7 Participant contributes and participates in Plan development and implementation is described below: 4.2.1 Lead Agency. The District will act as the lead agency for Plan development, will execute this MOU, and will adopt the Plan in accordance with 4.3 and 4.4 below. The District will ultimately be responsible for the final production of the Region's Plan, hiring consultant(s) to develop the Plan, and presentations to stakeholders, submittal of IRWM grant applications, and execution and administration of grant agreements with the State. As the Lead Agency, the District will execute and administer agreements with RWMG members and Implementation Affiliates responsible for the implementation of projects that are awarded grants, including data collection relevant to grant agreements, project reporting, etc. Efforts described in Section 4.2.1 are subject to the availability of funding. 4.2.2 RWMG. Members will execute this MOU and adopt the Plan in accordance with 4.3 and 4.4 below. RWMG members will designate a representative with clear authority to represent the agency or organization, provide expertise, provide information in a timely manner, participate in meetings, review and approve technical documents as needed, and will provide the District with their designated representative's contact information. This representative will be eligible to participate on the Working Group. All RWMG members, whether or not their representative is participating in the Working Group, hereby agree to provide information sufficient to meet State guidelines for their regional projects and programs to be included in the Plan and participate in the review of the Plan. RWMG members will consider integrating projects and programs with other agencies when possible, especially with disadvantaged communities and Native American tribes, in accordance with State IRWM Guidelines. RWMG members responsible for the implementation of regional projects and programs awarded grant funding will be responsible, through contract with the District, for complying with the provisions of the District's grant agreement with the State. The RWMG will provide updates to the WRAC and seek WRAC support of recommendations at key decision points. 4.2.3 WRAC. The WRAC will provide a forum for public meetings1 workshops related to Plan development and implementation at key decision points. The WRAC will review and comment on the RWMG recommendations to the District's Board of Supervisors at key decision points. 4.2.4 Working Group. Representatives of the Working Group will be designated by the RWMG member and will have clear authority to represent the agency or organization, provide expertise, provide information in a timely manner, participate in meetings, review and approve technical documents as needed, and will provide the District with their designated representative's contact information. The District will provide materials with sufficient lead time for RWMG member and Working Group engagement. The Working Group will develop information, draft documents and recommendations pertaining to the Plan update consistent with current State IRWM Guidelines during Plan development. Efforts are anticipated to include stakeholder outreach, collection and incorporation of updated data, etc. The Working Group will develop information and recommendations for IRWM program planning and implementation, stakeholder outreach, and pursuit of funding opportunities. All RWMG members will participate in the process to select the Region's IRWM projects and programs for grant applications by way of the Working Group, who will conduct projectlprogram solicitations and evaluations, and will make recommendations on grant funding allocations. The Working Group will need to conduct sub-regional public meetings during Plan development and implementation to facilitate stakeholder participation. 4.2.5 Implementation Affiliates. Implementation Affiliates shall adopt the Plan in accordance with Section 4.3. Implementation Affiliates will designate a representative with clear authority to represent the agency or organization, provide expertise, provide information in a timely manner, participate in meetings, review and approve technical documents as needed, and will provide the District with their designated representative's contact information. All IRWM Memorandum of Understanding Page 4 of 8 Item 8.h. - Page 8 Implementation Aff~liates will provide information suff~cient to meet State guidelines for their regional projects and programs to be included in the Plan and participate in the review of the Plan and for implementation activities, such as project status updates, project reporting, data collection, etc. Implementation Affiliates will consider integrating projects and programs with neighboring agencies when possible, especially with disadvantaged communities and Native American tribes, in accordance with State RWM Guidelines. Implementation Affiliates responsible for the implementation of regional projects and programs awarded grant funding will be responsible, through contract with the District, for complying with the provisions of the District's grant agreement with the State. 4.2.6 Interested Stakeholders. Interested Stakeholders may participate in the Plan development and implementation process by way of participation at WRAC andlor RWMG meetings. Interested Stakeholders that are not WRAC members will be notified when an IRWM program item will be reviewed by the WRAC if they request inclusion on the IRWM contact list (Section 5.6). Sub-regional meetings will be required to ensure Interested Stakeholders, including disadvantaged communities, who may not necessarily be able to attend WRAC meetings, can participate in Plan development and implementation. 4.3 IRWM Plan Adoption. Plan approval and adoption will be required of the governing bodies of RWMG members and Implementation Affiliates. Plan updates to meet new State guidelines, add new RWMG Members, add or remove and evaluate regional projects and programs, or other updates to information do not require Plan re-adoption. Significant changes to the Plan, including revised goals and objectives, revised methodologies (such as methodology for evaluating, ranking, and prioritizing projects and programs), revised regional boundaries, or other changes deemed significant by the RWMG and the Lead Agency, will require Plan re-adoption via the decision-making process described in Section 4.5. 4.4 Personnel and Financial Resources. It is expected that Program Participants will contribute the resources necessary to fulfill the responsibilities listed within Section 4 of this MOU. Program Participants that receive implementation grant funding, shall contribute a proportionate share of non-project costs associated with the grant agreement, based on awarded implementation funding (for example, contributing toward the cost of updating the Plan, should that be a condition of grant award).. 4.5 Decision Making. The RWMG shall develop IRWM program materials and will make recommendations to the Lead Agency at key decision points of the IRWM program. Written input will be sought between the representatives of RWMG members in the event the need for a decision arises that cannot be brought forth to the RWMG before a decision needs to be made. The District, by way of its Public Works Department, shall notify the RWMG agencies of recommendations being taken to the District's Board of Supervisors for action. The District's Board of Supervisors may approve, alter, or return any said recommendation of the RWMG. Furthermore, if the District's Board of Supervisors intends to alter an item or proposition approved by the RWMG, the District's Board of Supervisors shall set forth in writing its findings, after which the Board will hold a public hearing. The RWMG agencies shall have the right to appear and address the District's Board of Supervisors. 5. MUTUAL UNDERSTANDINGS 5.1 Need for the Region's IRWM Plan 5.1.1 To improve communication and cooperation between public and private agencies and minimize conflict-generated solutions. 5.1.2 To enhance our existing water management efforts by increasing stakeholder awareness of important issues, providing more opportunities for collaborative efforts and improving efficiencies in government and water management. IRWM Memorandum of Understanding Page 5 of 8 Item 8.h. - Page 9 5.1.3 To qualify for state grants and other funding opportunities only available to those regions which have developed IRWM plans. 5.2 Subject matte; scope of the IRWM Plan. The Plan focuses on water supply, water quality protection and improvement, ecosystem preservation and restoration, groundwater monitoring and management, and flood management as these are the most prevalent water resource issues facing the Region. 5.3 Geographical scope of the IRWM Program. The Region for this memorandum is coterminous with the boundary of San Luis Obispo County. This is an appropriate geographic region for integrated regional water management planning because it encompasses all aspects of water management generally within the same physical, political, environmental, social, and economic boundaries. The Region may engage stakeholders within the three sub-regions in order to better understand the specific water resources needs and priorities of that sub-region, which would then be incorporated into the context of the greater IRWM Region planning and implementation. The Region is bordered by the Greater Monterey County IRWM region to the north, the Santa Barbara County and Watersheds Coalition of Ventura County IRWM regions to the south, and the Kern County IRWM region to the east. Water resources issues that overlap neighboring regional boundaries are either covered by existing cooperative water management plans (i.e. Nacitone Watershed Management Plan), adjudication (i.e. Santa Maria Groundwater Basin), and operational agreements (i.e. Nacimiento Reservoir), or have no defining water resource management issue. All of these items are to be included in the Region's Plan consistent with the plans of neighboring regions. The RWMG will continue to coordinate with neighboring regions to address additional water resources issues and possible integrated water management strategies in our respective IRWM plans. 5.4 Non-binding nature. This document and participation in the IRWM program efforts are nonbinding, and in no way suggest that a RWMG member or Implementation Affiliate may not continue its own planning and undertake efforts to secure project funding from any source. An agency1 organization may withdraw from participation in accordance with Section 5.7. 5.5 Other on-going regional efforts. Development of the Plan is separate from efforts of other organizations to develop water-related plans on a regional basis. As the Plan is developed, work products can be shared with these separate efforts to provide them with current information. 5.6 Reports and communications. The WRAC, an IRWM contact list, and the District's website will serve as the forum for updates and correspondence relating to the IRWM program and Plan development. 5.7 Termination. Because the Plan will require periodic review and updating for use into the future, it is envisioned that the joint efforts of those involved will be ongoing in maintaining a living document. Thus this MOU will remain as a reflection of the understandings of the RWMG Members. As indicated, parties to this MOU may terminate their involvement at any time, but must provide all RWMG agencies with 30 days' advance notice of intent to terminate. 5.8 Superseded Prior MOU. This MOU supersedes the MOU dated April 21,2009 (2009 MOU). 5.9 Counterparts. This MOU may be executed in counterparts and has the same force and effect as if all the signatures were obtained in one document. IRWM Memorandum of Understanding Page 6 of 8 Item 8.h. - Page 10 6. SIGNATORIES TO THE MEMORANDUM OF UNDERSTANDING We, the undersigned representatives of our respective agencies or organizations, acknowledge the above as our understanding of how the San Luis Integrated Regional Water Management Plan will be developed. signature printed name agency date IRWM Memorandum of Understanding Page 7 of 8 Item 8.h. - Page 11 Attachment 1 - San Luis Obispo County IRWM Region and Sub-Regions Map I 1 IRWM Memorandum of Understanding Page 8 of 8 It e m 8 . h . - P a g e 1 2