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Home My WebLink AboutRESOLUTIONS - 02112020 - 2020/46AlamedaCounty SolanoCounty SacramentoCounty ContraCostaCounty SanJoaquinCounty ContraCostaCounty ÄÅ44 ÄÅ160 ÄÅ44 ÄÅ44 BethelIsland Byron Knightsen ShermanIsland WebbTract BaconIsland VictoriaIslandByronTract HollandTract JerseyIsland MandevilleIsland UnionIsland BouldinIsland TwitchellIsland PalmTract BradfordIsland VeniceIsland OrwoodTract Veale Tract AndrusIsland WoodwardIsland ConeyIsland QuimbyIsland DeckerIsland WinterIsland Oakley City ofAntiochGSA City ofBrentwoodGSA Pittsburg BixlerTractSanJoaquinRiver Old RiverOld RiverMiddle River False River Dutch Slough Conne c t i o n S l o u g h Pi p e r S l o u g h T a y l o r S l o u g h Rock SloughSand Mound SloughHolland CutFisherman's CutIndian Slou g h Woodward CanalSheep SloughFranksTract BigBreak ShermanLake CliftonCourtForebay LosVaquerosReservoir Broad Slough Little FranksTract ContraLomaReservoir AntiochMunicipalReservoir MarshCreekReservoir Dredgers Cut Victoria CanalItalian SloughWest Cana l Grant Line Canal California AqueductDelta Mendota CanalMokelumne River Sacramento RiverDiabloWaterDistrictGSA Discovery BayCommunity Services District GSA ContraCostaCountyGSA East ContraCostaIrrigationDistrictGSA ByronBethanyIrrigation DistrictGSA Groundwater Sustainability Agencies in the East Contra Costa Subbasin (5-022.19) 0 3 61.5 MilesThis map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.® Diablo Water District GSA Brentwood GSA Antioch GSA Byron-Bethany Irrigation District GSA East Contra Costa Irrigation District GSA Discovery Bay Community Services District GSA Water Providing District Irrigation District City Contra Costa County Contra Costa County GSA Map created 08/26/2019by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W East Contra Costa Subbasin City Limit Page 1 of 18 AMENDED AND RESTATED 1 MEMORANDUM OF UNDERSTANDING 2 3 Development of a Groundwater Sustainability Plan 4 for the East Contra Costa Subbasin, (DWR Basin 5-22.19, San Joaquin Valley) 5 6 This Amended and Restated Memorandum of Understanding for the Development of a 7 Groundwater Sustainability Plan for the East Contra Costa Subbasin, (DWR Basin 5-22.19, San 8 Joaquin Valley) (“MOU”) is entered into and effective this _____ day of _________________, 9 2020 (“Effective Date”) by and among the City of Antioch (“Antioch”), City of Brentwood 10 (“Brentwood”), Byron-Bethany Irrigation District (“BBID”), Contra Costa Water District 11 (“CCWD”), Contra Costa County (“County”), Diablo Water District (“DWD”), East Contra 12 Costa Irrigation District (“ECCID”), and Discovery Bay Community Services District 13 (“Discovery Bay”). Each of the foregoing parties to this MOU is sometimes referred to herein as 14 a “Party” and are collectively sometimes referred to as the “Parties.” 15 Recitals 16 A. In September 2014, the California Legislature enacted the Sustainable Groundwater 17 Management Act of 2014 (“SGMA”), which established a statewide framework for the sustainable 18 management of groundwater resources. That framework focuses on granting new authorities and 19 responsibility to local agencies while holding those agencies accountable. The framework also 20 provides for state intervention where a local agency fails to develop a groundwater sustainability 21 plan in a timely manner. 22 Page 2 of 18 B. The East Contra Costa Subbasin (“Basin”) is referred to as DWR Basin 5-22.19, 23 San Joaquin Valley, and is shown on the map attached hereto as Exhibit A and incorporated herein 24 by reference as if set forth in full. The Basin is located in eastern Contra Costa County. The 25 Parties collectively overlie all of the Basin. 26 C. Under SGMA, one or more local agencies may form a groundwater sustainability 27 agency (“GSA”), by memorandum of agreement, joint exercise of powers agreement, or other 28 agreement. (Wat. Code, §§ 10723(a), 10723.6.) The Parties desire for each Party to be the GSA 29 within all or a portion of that Party’s boundary. The Parties further desire to develop a governance 30 structure for the Basin to be considered during development of the groundwater sustainability plan 31 (a “GSP”) for the Basin (the “Basin GSP”). The Parties further desire to resolve areas of 32 jurisdictional overlap so that no two Parties serve as GSAs over the same area. The purpose of 33 this MOU is to coordinate the Parties’ activities related to each Party becoming a GSA, 34 development of the Basin GSP, and each Party’s future consideration of whether to adopt the Basin 35 GSP. 36 D. The Parties wish to collaborate in an effort to ensure sustainable groundwater 37 management for the Basin, manage the groundwater basin as efficiently as practicable balancing 38 the financial resources of the agencies with the principles of effective and safe groundwater 39 management, while retaining groundwater management authority within their respective 40 jurisdictions. The Parties desire to share responsibility for Basin management under SGMA. The 41 Parties recognize that the key to success in this effort will be the coordination of activities under 42 SGMA, and the collaborative development of the Basin GSP, which each Party may consider 43 adopting and implementing within its GSA management area. 44 Page 3 of 18 E. The Basin has been designated by the California Department of Water Resources 45 (“DWR”) as a medium-priority groundwater basin, which, under the terms of SGMA, means that 46 the Parties must submit a Basin GSP to DWR by January 31, 2022. 47 F. This MOU amends and restates the original Memorandum of Understanding, dated 48 May 9, 2017, and as amended on November 16, 2017. This MOU also recognizes changes that 49 reflect DWR’s determination that, for purposes of SGMA, the Basin is separate and distinct from 50 other portions of the Tracy Subbasin located in San Joaquin and Alameda Counties. The Basin is 51 located entirely within Contra Costa County. The Parties wish to memorialize and restate their 52 commitments by means of this MOU. 53 Understandings 54 1. Term. The term of this MOU begins on the Effective Date, which shall occur upon 55 execution of this MOU by all eight of the parties, and this MOU shall remain in full force 56 and effect until the earliest of the following events: (i) January 31, 2022, (ii) the date upon 57 which the Parties submit a Basin GSP to DWR, or (iii) the date upon which the Parties then 58 party to the MOU execute a document jointly terminating the provisions of this MOU. An 59 individual Party’s obligations under this MOU terminate when the Party withdraws from 60 the MOU in accordance with Section 4. 61 2. Development of the GSP 62 a. Parties to Become GSAs. Each Party, except Contra Costa Water District, agrees 63 to take the necessary actions to become the GSA for all or a portion of that area of 64 the East CC Basin that it overlies, as shown on Exhibit A, attached hereto, no later 65 than April 1, 2017, or shortly thereafter. The Parties shall jointly submit the Parties’ 66 Page 4 of 18 individual elections to become GSAs and this MOU to DWR prior to April 1, 2017, 67 or shortly thereafter. The Parties further agree to develop a governance structure 68 for the Basin to be considered during development of the Basin GSP 69 b. Single GSP. The Parties will collaborate to develop a single Basin GSP that, at a 70 minimum, satisfies the GSP requirements in the SGMA and the regulations 71 promulgated under the SGMA. The Basin GSP must include an analysis of 72 implementation costs and revenue sources, and must include an analysis of 73 governance structure options. The Basin GSP shall be drafted in a manner that 74 preserves, and does not purport to supersede, the land use authority of each city or 75 county, or the statutory authority of each special district, that is a party to this MOU. 76 The Basin GSP must include provisions for consultation between a GSA and any 77 public agency that the GSA overlaps before the GSA takes any action that may 78 relate to that public agency’s exercise of its statutory authority. Unless the Parties 79 later agree otherwise, it is intended that the Basin GSP will be implemented by 80 each Party within its respective GSA management area, and that the Parties will 81 coordinate their implementation of the Basin GSP. 82 c. Overlap Areas. Solely for the purpose of complying with the SGMA requirement 83 that GSA management areas not overlap, the Parties agree that there are no 84 overlapping GSA management areas, as shown on Exhibit A. This MOU does not 85 purport to limit any Party’s legal authority to utilize and deliver groundwater or 86 surface water throughout its jurisdictional boundary (as may be amended from 87 time-to-time), which may include area outside of a Party’s management area shown 88 on Exhibit A. 89 Page 5 of 18 d. Cooperation of Efforts. The Parties will designate staff who will endeavor to meet 90 monthly or more frequently if necessary to develop the terms of the Basin GSP in 91 an expeditious manner. 92 e. Contracting with Consultant & Cost Share Among the Parties. 93 (1) Contracting with Consultant. 94 A. Contract for the Preparation of the GSP. Brentwood, acting on 95 behalf of the other Parties, shall promptly enter into an agreement with Luhdorff and Scalmanini 96 (“Consultant”) for the preparation of the Basin GSP. 97 98 B. Annual Budgets and Scopes of Work. Not later than each 99 February 15, Brentwood shall obtain a proposed budget and scope from Consultant for services 100 during the upcoming fiscal year. Brentwood shall promptly provide the proposed budget and 101 scope to the other Parties and shall give the other Parties until each March 15 to review the 102 proposed budget and scope, and provide written comments to Brentwood. Such comments shall 103 include each Party’s determination as to whether it is willing to pay its share of the cost of such 104 work, as identified in Paragraph 2(e)(2). If, after each March 15, no Party has indicated in 105 writing that it is unwilling to pay its share of the cost of such work, the Consultant’s budget and 106 scope for the upcoming fiscal year shall be deemed approved and Brentwood shall take such 107 actions as may be necessary to cause Consultant to perform the services included in that budget 108 and scope of work. In the event that one or more Parties object to the proposed budget and scope 109 of work, the Parties shall promptly meet and confer to determine an appropriate course of action. 110 C. Payments by Parties to Brentwood. Brentwood shall, upon receipt 111 of Consultant’s monthly invoices, pay Consultant for services rendered during the previous 112 Page 6 of 18 month. Brentwood will promptly provide invoices to the other Parties identifying their shares of 113 the cost of the previous month’s work and such other Parties shall pay said invoices within 45 114 days of receipt. 115 (2) Cost-Share for Basin GSP. The costs associated with developing the 116 Basin GSP (“GSP Costs”), including but not limited to, any local cost-shares required by state or 117 federal grants, will be shared equally among the Parties. 118 119 A. In-Kind Services Provided by County. The County, at its sole 120 discretion, may satisfy its share of GSP Costs by providing in-kind services, which may include 121 but may not be limited to mapping, graphics, and database management services. The County 122 will provide written notice to the other Parties by the March 15 immediately preceding the fiscal 123 year stating either that the County will pay its share of GSP Costs in the fiscal year, or that the 124 County will provide in-kind services in lieu of paying its share of GSP Costs in the fiscal year. 125 In the case of payments to Consultant or other vendors where the County wishes to substitute in-126 kind services for direct payments, Brentwood shall allocate such invoices equally among the 127 Parties other than the County. Notwithstanding anything to the contrary contained herein, no 128 Party shall be obligated to pay the County for the value of any in-kind services provided by the 129 County, and the value of any in-kind services provided by the County shall only act as a credit 130 towards the County’s share of GSP Costs, as more particularly described in 2(e)(2)(B). 131 B. Annual Accounting. Brentwood shall prepare an annual 132 accounting by October 1 that shows all GSP Costs for the previous fiscal year and that identifies 133 in-kind services provided by the County and the County’s calculation of the value of those in-134 kind services. By July 30th following the end of a fiscal year, the County will provide 135 Page 7 of 18 Brentwood an accounting of the County’s in-kind services during the prior fiscal year, and any 136 carry-over value of in-kind services provided during any fiscal years preceding the prior fiscal 137 year. The value of the County’s in-kind services will be calculated based on (1) the then-current 138 fully-burdened hourly rates for County staff time, benefits, and overhead, and (2) the County’s 139 actual costs for any materials or supplies required to provide the in-kind services. 140 i. Upon written notice to the other Parties no later than 15 141 days after receiving Brentwood’s annual accounting, any Party other than the County may 142 dispute the County’s calculation of the value of the in-kind services that the County provided 143 during the fiscal year for which the accounting is prepared, but no Party may challenge the value 144 of in-kind services that were carried over from any fiscal year preceding the fiscal year for which 145 the accounting is prepared. In the event that one or more Parties provide notice of a dispute 146 under this subparagraph, the Parties shall promptly meet and confer in an effort to resolve the 147 dispute to the satisfaction of all Parties. The County’s obligation to make any payments to other 148 Parties under Paragraph 2(e)(2)(B)(ii) shall be tolled until the County receives, from each 149 disputing Party, written notice that the dispute has been resolved to the disputing Party’s 150 satisfaction. 151 ii. Except as expressly provided in Paragraph 2(e)(2)(B)(i), in 152 the event that Brentwood’s annual accounting shows that the value of the in-kind services 153 provided by the County during the fiscal year for which the accounting is prepared, plus any 154 carry-over value for in-kind services provided in any preceding fiscal years, is less than the 155 individual contributions of the other Parties during the fiscal year for which the annual 156 accounting is prepared, the County shall provide, by the November 30 following receipt of the 157 annual accounting, payments to each of the other Parties sufficient to equalize the values of the 158 Page 8 of 18 Parties’ contributions during the fiscal year for which the accounting is prepared. In the event 159 that Brentwood’s annual accounting shows that the value of the in-kind services provided by the 160 County during the fiscal year for which the accounting is prepared, plus any carry-over value for 161 in-kind services provided in any preceding fiscal years, is greater than the individual 162 contributions of the other Parties, Brentwood shall credit the County with the difference and 163 carry over that excess contribution to be credited towards the value of the County’s in-kind 164 services provided in the subsequent fiscal year. 165 f. Approval of the GSP. The Parties agree that the Basin GSP will become effective 166 for each Party when all of the Parties adopt the Basin GSP. 167 3. Savings Provisions. This MOU shall not operate to validate or invalidate, modify or affect 168 any Party’s water rights or any Party’s obligations under any agreement, contract or 169 memorandum of understanding/agreement entered into prior to the effective date of this 170 MOU. Nothing in this MOU shall operate to convey any new right to groundwater to any 171 Party. Each Party to this MOU reserves any and all claims and causes of action respecting 172 its water rights and/or any agreement, contract or memorandum of 173 understanding/agreement; any and all defenses against any water rights claims or claims 174 under any agreement, contract or memorandum of understanding/agreement. 175 4. Withdrawal. Any Party shall have the ability to withdraw from this MOU by providing 176 sixty (60) days written notice of its intention to withdraw. Said notice shall be given to 177 each of the other Parties. 178 a. A Party shall not be fiscally liable for expenditures following its withdrawal from 179 this MOU, provided that the Party provides written notice at least sixty (60) days 180 prior to the effective date of the withdrawal. A withdrawal shall not terminate, or 181 Page 9 of 18 relieve the withdrawing Party from, any express contractual obligation to another 182 Party to this MOU or to any third party incurred or encumbered prior to the 183 withdrawal. 184 b. In the event of a Party’s withdrawal, this MOU shall continue in full force and effect 185 among the remaining Parties. Further, a Party’s withdrawal from this MOU does 186 not, without further action by that Party, have any effect on the withdrawing Party’s 187 decision to be a GSA. A withdrawing Party shall coordinate the development of its 188 groundwater sustainability plan with the other Parties to this MOU. 189 5. CEQA. Nothing in this MOU commits any Party to undertake any future discretionary 190 actions referenced in this MOU, including but not limited to electing to become a GSA and 191 adopting the Basin GSP. Each Party, as a lead agency under the California Environmental 192 Quality Act (“CEQA”), shall be responsible for complying with all obligations under 193 CEQA that may apply to the Party’s future discretionary actions pursuant to this MOU, 194 including electing to become a GSA and adopting the Basin GSP. 195 6. Books and Records. Each Party shall have access to and the right to examine any of the 196 other Party’s pertinent books, documents, papers or other records (including, without 197 limitation, records contained on electronic media) relating to the performance of that 198 Party’s obligations pursuant to this Agreement, providing that nothing in this paragraph 199 shall be construed to operate as a waiver of any applicable privilege and provided further 200 that nothing in this paragraph shall be construed to give either Party rights to inspect the 201 other Party’s records in excess of the rights contained in the California Public Records Act. 202 7. General Provisions 203 Page 10 of 18 a. Authority. Each signatory of this MOU represents that s/he is authorized to execute 204 this MOU on behalf of the Party for which s/he signs. Each Party represents that it 205 has legal authority to enter into this MOU and to perform all obligations under this 206 MOU. 207 b. Amendment. This MOU may be amended or modified only by a written instrument 208 executed by each of the Parties to this MOU. 209 c. Jurisdiction and Venue. This MOU shall be governed by and construed in 210 accordance with the laws of the State of California, except for its conflicts of law 211 rules. Any suit, action, or proceeding brought under the scope of this MOU shall 212 be brought and maintained to the extent allowed by law in the County of Contra 213 Costa, California. 214 d. Headings. The paragraph headings used in this MOU are intended for convenience 215 only and shall not be used in interpreting this MOU or in determining any of the 216 rights or obligations of the Parties to this MOU. 217 e. Construction and Interpretation. This MOU has been arrived at through 218 negotiations and each Party has had a full and fair opportunity to revise the terms 219 of this MOU. As a result, the normal rule of construction that any ambiguities are 220 to be resolved against the drafting Party shall not apply in the construction or 221 interpretation of this MOU. 222 f. Entire Agreement. This MOU constitutes the entire agreement of the Parties with 223 respect to the subject matter of this MOU and supersedes any prior oral or written 224 Page 11 of 18 agreement, understanding, or representation relating to the subject matter of this 225 MOU. 226 g. Partial Invalidity. If, after the date of execution of this MOU, any provision of this 227 MOU is held to be illegal, invalid, or unenforceable under present or future laws 228 effective during the term of this MOU, such provision shall be fully severable. 229 However, in lieu thereof, there shall be added a provision as similar in terms to such 230 illegal, invalid or unenforceable provision as may be possible and be legal, valid 231 and enforceable. 232 h. Waivers. Waiver of any breach or default hereunder shall not constitute a 233 continuing waiver or a waiver of any subsequent breach either of the same or of 234 another provision of this MOU and forbearance to enforce one or more of the 235 remedies provided in this MOU shall not be deemed to be a waiver of that remedy. 236 i. Necessary Actions. Each Party agrees to execute and deliver additional documents 237 and instruments and to take any additional actions as may be reasonably required 238 to carry out the purposes of this MOU. 239 j. Compliance with Law. In performing their respective obligations under this MOU, 240 the Parties shall comply with and conform to all applicable laws, rules, regulations, 241 and ordinances. 242 k. Liability. Each Party agrees to indemnify and hold every other Party to the 243 Agreement, and their officers, agents and employees, free and harmless from any 244 costs or liability imposed upon any other Party, officers, agents, or employees 245 arising out of any acts or omissions of its own officers, agents or employees. 246 Page 12 of 18 l. Third Party Beneficiaries. This MOU shall not create any right or interest in any 247 non-Party or in any member of the public as a third party beneficiary. 248 m. Counterparts. This MOU may be executed in one or more counterparts, each of 249 which shall be deemed to be an original, but all of which together shall constitute 250 but one and the same instrument. 251 n. Notices. All notices, requests, demands or other communications required or 252 permitted under this MOU shall be in writing unless provided otherwise in this 253 MOU and shall be deemed to have been duly given and received on: (i) the date of 254 service if served personally or served by electronic mail or facsimile transmission 255 on the Party to whom notice is to be given at the address(es) provided below, (ii) 256 on the first day after mailing, if mailed by Federal Express, U.S. Express Mail, or 257 other similar overnight courier service, postage prepaid, and addressed as provided 258 below, or (iii) on the third day after mailing if mailed to the Party to whom notice 259 is to be given by first class mail, registered or certified, postage prepaid, addressed 260 as follows: 261 262 City of Antioch 263 City Manager 264 P.O. Box 5007 265 Antioch, CA 94531-5007 266 Telephone: (925) 779-7011 267 Facsimile: (925) 779-7003 268 269 Page 13 of 18 City of Brentwood 270 City Manager 271 150 City Park Way 272 Brentwood, CA 94513 273 Phone: (925) 516-5400 274 Fax: (925) 516-5441 275 276 Byron Bethany Irrigation District 277 General Manager 278 7995 Bruns Road 279 Byron, CA 94514-1625 280 Telephone: (209) 835-0375 281 Facsimile: (209) 835-2869 282 283 Contra Costa Water District 284 General Manager 285 Contra Costa Water District 286 P. O. Box H20 287 Concord, CA 94524 288 Phone (925) 688-8032 289 Fax (925) 688-8197 290 291 292 293 Page 14 of 18 Contra Costa County 294 Director, Department of Conservation and Development 295 30 Muir Road 296 Martinez, CA 94553 297 Phone (925) 674-7866 298 299 Diablo Water District 300 Attn: General Manager 301 P.O. Box 127 302 87 Carol Lane 303 Oakley, CA 94561 304 Phone: (925) 625-3798 305 Fax: (925) 625-0814 306 307 East Contra Costa Irrigation District 308 General Manager 309 1711 Sellers Avenue 310 Brentwood, CA 94513 311 Phone: (925) 634-3544 312 Fax: (925) 634-0897 313 314 315 316 317 Page 15 of 18 Discovery Bay Community Services District 318 C/O: General Manager 319 1800 Willow Lake Road 320 Discovery Bay, CA 94505-9376 321 Telephone: (925) 634-1131 322 Facsimile: (925) 513-2705 323 324 8. Signatures. The Following signatures attest each Party’s agreement hereto. 325 [Remainder of page left blank. Signatures on next pages.] 326 327 Page 16 of 18 CITY OF ANTIOCH 328 329 By: ______________________________________ Date: ____________________ 330 Rowland E. Bernal Jr., City Manager 331 APPROVED AS TO FORM: 332 333 By: ______________________________________ Date: ____________________ 334 Thomas Lloyd Smith, City Attorney 335 336 CITY OF BRENTWOOD 337 338 By: ______________________________________ Date: ____________________ 339 Terrence Grindall, Interim City Manager 340 341 APPROVED AS TO FORM: 342 343 By: ______________________________________ Date: ____________________ 344 Damien Brower, City Attorney 345 346 BYRON BETHANY IRRIGATION DISTRICT 347 348 By: ______________________________________ Date: ____________________ 349 Rick Gilmore, General Manager 350 351 CONTRA COSTA WATER DISTRICT 352 353 By: ______________________________________ Date: ____________________ 354 Stephen J. Welch, General Manager 355 356 357 358 Page 17 of 18 APPROVED AS TO FORM: 359 360 By: ______________________________________ Date: ____________________ 361 District Legal Counsel 362 363 CONTRA COSTA COUNTY 364 365 By: ______________________________________ Date: ____________________ 366 John Kopchik, Director of 367 Conservation and Development 368 APPROVED AS TO FORM: 369 Sharon L. Anderson, County Counsel 370 371 By: ______________________________________ Date: ____________________ 372 Deputy County Counsel 373 374 DIABLO WATER DISTRICT 375 376 By: ______________________________________ Date: ____________________ 377 Dan Muelrath, General Manager 378 379 EAST CONTRA COSTA IRRIGATION DISTRICT 380 381 By: ______________________________________ Date: ____________________ 382 Aaron Trott, General Manager 383 384 DISCOVERY BAY COMMUNITY SERVICES DISTRICT 385 386 By: ______________________________________ Date: ____________________ 387 Michael R. Davies, General Manager 388 389 Page 18 of 18 EXHIBIT A 390 391