SR 05-09-2017 9A
Ci ty Council
Report
City Council Meeting : May 9, 2017
Agenda Item: 9.A
1 of 6
To: Mayor and City Council
From: Susan Cline, Director , Public Works, Water Resources
Subject: Santa Monica Basin Groundwater Sustainability Agency Memorandum of
Understanding
Recommended Action
Staff recommends that the City Council:
1. Hold a Public H earing for the formation of a Groundwater Sustainability Agency
for the Santa Monica Groundwater Basin ;
2. Adopt the attached resolution acknowledging the City of Santa Monica’s election
to become a Groundwater Sustainability Agency ; and
3. Authorize the C ity Manager to negotiate and execute a Memorandum of
Understanding establishing the Santa Monica Basin Groundwater Sustainability
Agency .
Executive Summary
The local water agencies of City of Santa Monica, Los Angeles Department of Water
and Power, City o f Beverly Hills, City of Culver City, and Los Angeles County overly the
Santa Monica Groundwater Basin. The Sustainable Groundwater Management Act of
2014 empowers local agencies to adopt groundwater management plans to ensure
resilience for local water su pplies. In order to comply with the requirements of the Act,
these agencies have developed a Memorandum of Understanding (MOU) to establish
the Santa Monica Basin Groundwater Sustainability Agency to effectively manage
groundwater in the Santa Monica Groun dwater Basin. In order to meet the agency
formation deadline of June 30, 2017, the fully executed MOU and resolutions
acknowledging each local agency’s participation in the agency must be submitted to the
State Department of Water Resources. There is no immediate financial impact or
budget action necessary as a result of the recommended action.
Background
On September 16, 2014, Governor Brown signed a package of three bills to advance
sustainable groundwater management in California. The legislation, kn own as the
Sustainable Groundwater Management Act (SGMA), provides a framework for improved
management of groundwater by local authorities. The bills are SB 1168 (Pavley), SB
1319 (Pavley), and AB 1739 (Dickinson).
2 of 6
The legislation provides local agenci es with the tools to manage groundwater basins in
a sustainable manner over a long -term horizon and allows for limited state intervention
when necessary to protect groundwater resources. SGMA establishes a definition of
sustainable groundwater management, requires that local agencies develop
groundwater management plans and implement strategies to sustainably manage
groundwater resources, prioritizes basins with the greatest need (ranked as high and
medium priority), and sets a timeline for implementation a s follows:
June 30, 2017: Local Groundwater Sustainability Agencies (GSA) must be
formed.
January 31, 2020: Groundwater Sustainability Plans (GSP) must be completed
for basins in a critical condition of overdraft.
January 31, 2022: GSPs must be com pleted in all other high - and medium -
priority basins not currently in overdraft, including the Santa Monica Groundwater
Basin.
Twenty years after adoption of the GSP (2040 and 2042): All high - and medium -
priority groundwater basins must achieve sustainab ility.
The Santa Monica Groundwater Basin is categorized as a medium -priority basin. The
State prioritized groundwater basins utiliz ing eight specific criteria: overlying population,
projected growth of overlying population, public supply wells, total nu mber of wells,
irrigated acreage overlying the basin, reliance on groundwater as the primary source of
water, impacts on the groundwater, and other information deemed relevant by DWR.
SGMA provides GSAs with a broad array of new authorities. For example, it provides
local GSAs with the authority to conduct investigations, determine the sustainable yield
of a groundwater basin, measure and limit extractions, impose fees for groundwater
management, and enforce the terms of a Groundwater Sustainability Plan (GSP).
Nothing in SGMA is to be construed as authorizing a local agency to make a binding
3 of 6
determination of the water rights of any person or entity. In addition, SGMA states that
nothing in a GSP supersedes the land use authority of cities and counties.
SGMA includes provisions to promote engagement by interested parties in the
formation of a GSA and development and implementation of a GSP. GSAs must identify
key parties and maintain records that spell out how their interests will be included in
GSA oper ations and GSP development. SGMA requires the GSA to provide this
information to the California Department of Water Resources. The GSA is the primary
agency responsible for achieving sustainability within the mandated timeframe.
Discussion
The Sustainabl e Groundwater Management Act empowers local agencies to adopt
groundwater management plans that are tailored to the resources and needs of their
communities. Good groundwater management will provide a buffer against drought and
climate change, and contribu te to reliable water supplies r egardless of weather patterns.
For Santa Monica, development of a groundwater management plan for the entire
Santa Monica Groundwater Basin provides an opportunity to enhance its stated
objective to achieve water self -suffi ciency through a collaborative effort with other local
agencies overlying the basin.
Groundwater Sustainability Agency Formation
SGMA promotes coordinated management of an entire groundwater basin. A map of
the Santa Monica Groundwater Basin is provid ed in Attachment A. Any local agency or
combination of local agencies overlying a groundwater basin may form a groundwater
sustainability agency (GSA) for the basin. Attachment B provides a map of the local
agencies overlying the Santa Monica Groundwater Basin. A combination of local
agencies may form a GSA by joint powers agreement or memorandum of agreement or
other legal agreement. Local agencies have until June 30, 2017 to form a GSA. The
GSA applicant must notify the California Department of Water Re sources (DWR) of the
formation or establishment of a GSA within 30 days of final formation, and 90 days later
the applicant shall be the exclusive GSA as long as no other local agency submits a
4 of 6
notification of its intent to undertake groundwater management in all or a portion of the
same area.
City of Santa Monica GSA Involvement
The 50 -square mile Santa Monica Groundwater Basin underlies Santa Monica and
portions of Los Angeles , Beverly Hills and Culver City . In preparation for submitting
GSA formation d ocuments to the state Department of Water Resources by the June 30
deadline, City of Santa Monica staff, in concert with other agencies overlying the Santa
Monica Basin, including the Los Angeles Department of Water and Power, City of
Beverly Hills, Culver City, and the Los Angeles County Department of Public Works
(collectively, "the Parties") has developed a Memorandum of Understanding (MOU) for
the creation of the Santa Monica Groundwater Basin GSA. The MOU is provided as
A ttachment C to this report.
The Parties have indicated a preference to have the City of Santa Monica serve as the
point of contact on behalf of the Santa Monica Groundwater Basin GSA as well as the
lead in undertaking other obligations of the GSA. Santa Monica is the appropriate lea d
agency for the GSA as the predominant groundwater pumper in the basin over the last
20 -30 years. As the coordinating agency, Santa Monica would provide the single point
of contact with the State, prepare and file annual reports as required by SGMA,
admin ister service contracts, and coordinate the administrative functions of the GSA.
Existing staff will perform these duties.
The negotiating representatives intend to develop a unified GSP for the entire Santa
Monica Groundwater Basin. The assignment of SG MA implementation duties (including
data and cost sharing obligations) may be negotiated as part of the GSP. To date the
powers and duties of the Parties, individually and collectively, including cost sharing,
have yet to be fully negotiated so final decis ions on these may be deferred until the
GSP development process in order to expedite formation of the GSA.
Public Information Meeting
5 of 6
SGMA statutes require that a GSA consider all interests of all beneficial uses and users
of groundwater in the basin. This includes the interests of a variety of different
stakeholders, including beneficial users of water, environmental interests,
disadvantaged communities, tribes, and others. The agency must maintain a list of
persons interested in receiving notices rega rding plan preparation and other activities.
Toward this end, a public information meeting was held on April 12, 2017 at Windward
School in Mar Vista to provide potential stakeholders and interested parties an
opportunity to become informed about SGMA req uirements and status of local GSA
formation efforts. A list of stakeholders notified of the meeting and those in attendance
is included in Attachment D .
The application for formation of the GSA must be submitted to the State Department of
Water Resources by June 30, 2017. Included among the submittal requirements are
resolutions from the each of the agencies forming the GSA and the fully executed MOU.
The resolution attached herewith as Attachment E authorizes formation of the GSA and
Santa Monica’s par ticipation therein, and the MOU is the governance document for the
GSA. The May 9, 2017 Santa Monica City Council meeting serves as the required
Public Hearing for Santa Monica’s election to become part of a GSA for the Santa
Monica Groundwater Basin. No tice of this public hearing was published in the Santa
Monica Daily Press on April 25, 2017 and May 2, 2017. Similarly, Los Angeles
Department of Water and Power, City of Beverly Hills, City of Culver City, and Los
Angeles County Department of Public Work s have conducted Public Hearings. Copies
of the multiple resolutions and the fully executed MOU will be submitted to the State
Department of Water Resources by June 30, 2017.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will return to Council if specific budget actions are required
in the future.
6 of 6
Prepared By: Gil Borboa, Water Resources Manager
Approved
Forwarded to Council
Attachments:
A. Sant a Monica Basin Map with Subbasins
B. Santa Monica Basin Groundwater Sustainablity Agency Service Area Map
C. SGMA Stakeholder Notification
D. Santa Monica Basin Groundwater Sustainability Agency Resolution
E. Santa Monica Basin Groundwater Sustainability Agency Memora mdum of
Understanding
F. Written Comments
G. Powerpoint
S a n t a M o n i c a G r o u n d w a t e r B a s i n
à Š9 0
Y X Z 1 0
Y X Z 1 0
]\^4 0 5
]\^4 0 5
]\^4 0 5
C
h
a
r
n
o
c
k
S
u
b
b
a
s
i
n
O l y m p i c S u b b a s i n
C o a s t a l S u b b a s i n
C r e s t a l S u b b a s i n
A r c a d i a S u b b a s i n
B A L L O N A C R E E K
U n k n o w n
R U S T I C C A N Y O N C H A N N E L
L A C i t y C h a n n e l
U n k n o w n
U n k n o w n
U
n
k
n
o
w
n
0 1 2 0 .5 M i l e s
Ü
L e g e n d
S a n t a M o n i c a S u b b a s i n s
S a n t a M o n i c a B a s i n
H o l l y w o o d B a s i n
L A C i t y B o u n d a r y
O p e n C h a n n e l
F r e e w a y s
C i t y o f S a n t a M o n i c a
C i t y o f B e v e r l y H i l l s
C u l v e r C i t y
W e s t H o l l y w o o d
Sa
n
t
a
M
o
n
i
c
a
B
a
s
i
n
±
0
0
.
7
5
1
.
5
2
.
2
5
3
0.
3
7
5
Mi
l
e
s
Le
g
e
n
d
Sa
n
t
a
M
o
n
i
c
a
B
a
s
i
n
Ci
t
y
o
f
L
o
s
A
n
g
e
l
e
s
w
i
t
h
i
n
S
a
n
t
a
M
o
n
i
c
a
B
a
s
i
n
Be
v
e
r
l
y
H
i
l
l
s
Cu
l
v
e
r
C
i
t
y
Ci
t
y
o
f
S
a
n
t
a
M
o
n
i
c
a
Un
i
n
c
o
r
p
o
r
a
t
e
d
C
o
u
n
t
y
A
r
e
a
s
Notifications of 4/12/17 Public Meeting sent to the following:
Organization Name
Department of Oil, Gas, and Geothermal Resources (DOGGR)
Ballona Creek Renaissance
Bel-Air Country Club
Brentwood Country Club
CA Water Science Center of the United States Geologic Survey
California American Water Company
California Department of Water Resources
California Environmental Justice Coalition
City of Beverly Hills
City of Los Angeles Bureau of Sanitation
City of Los Angeles District 11
City of Los Angeles District 5
City of Los Angeles Neighborhood Councils
City of Los Angeles Planning Department
City of Santa Monica Planning Department
City of Santa Monica Water Advisory Committee
City of Culver City
CWE
Dake Luna Consultants
Environment Now
Environmental Water Caucus
Friends of Ballona Wetlands
Gabrielino-Tongva Tribe
Golden State Water Company (owned by American States Water Company)
Heal the Bay
Hillcrest Country Club
Hillside Memorial Park Cemetery
Holy Cross Cemetery
LA County Department of Public Works (LACDPW)
LA County Planning Department
LA County Flood Control District
Greater LA County Integrated Regional Water Management, Los Angeles County Flood
Control District
LACDPW - Flood Control District, Stormwater Quality
LACDPW - Watershed Management
LACDPW Dominguez Watershed Advisory Council
LACDPW Dominguez Watershed Advisory Council
Larry Walker and Associates
Los Angeles Country Club
Los Angeles County Public Heath Department Drinking Water Program
Los Angeles Golf Academy
Los Angeles National Cemetery
Los Angeles Regional Water Quality Control Board
Los Angeles Regional Water Quality Control Board - Santa Monica Bay Restoration
Commission
Los Angeles Waterkeeper
Metropolitan Water District of Southern California - Resource Planning & Development
MNS Engineers, Inc.
Natural Resources Defense Councel (NRDC)
Office of Supervisor Mark Ridley Thomas - District 2
Office of Supervisor Sheila Kuehl - District 3
Palos Verdes Peninsula Land Conservancy
Penmar Golf Course
Rancho Park Golf Course
Riviera Country Club
San Gabriel and Lower LA Rivers and Mountains Conservatory
Sanitation Districts of Los Angeles County
South Bay Cities Council of Governments - Executive Director
Surfrider Foundation
The Bay Foundation (Santa Monica Bay)
The Dardanelle Group, Inc
University of California Los Angeles
US Army Corps of Engineers - LA District
VA Greater Los Angeles Health Care System (Including: Sawtelle VA, Women's Clinic, and
Hospital)
Veterans Home of California
Water Replenishment District of Southern California (WRD)
WELL Water Education for Latino Leaders
West Basin Municipal Water District
West Basin Municipal Water District
West Basin Water Association / Watermaster
Will Rogers State Historic Park
Attendance at 4/12/17 Public Meeting :
Organization Name
Ballona Creek Renaissance
Bel Air Country Club
Brentwood Country Club
California Division of Oil, Gas, and Geothermal Resources
California Division of Oil, Gas, and Geothermal Resources
City of Beverly Hills
City of Beverly Hills
City of Santa Monica
Culver City
Culver City
Environment Now
Geosyntec Consultants
Geosyntec Consultants
Golden State Water
Heal the Bay
ICF
Kris Helm Consulting
LA County Planning
LADWP
LADWP
LADWP
Los Angeles Waterkeeper
Resident - Culver City
Richard C. Slade & Associates LLC
Richard C. Slade & Associates LLC
Southern California Watershed Alliance
The Los Angeles Country Club
UCLA
UCLA Water Resources Group
Water Replishinment District
EXHIBIT A
Santa Monica Basin Groundwater Sustainability Agency Basin Map
EXHIBIT B
Memorandum of Understanding
Page 1 of 11
M emorandum of Understanding for the Formation of the
Santa Monica Basin Groundwater Sustainability Agency
T his Memorandum of Understanding for the formation of the Santa Monica Basin
Groundwater Sustainability Agency (MOU) is made and entered by and among the City
of Santa Monica (Santa Monica), a municipal corporation, the City of Los Angeles, by
and through i ts Department of Water and Power (LADWP), the City of Beverly Hills
(Beverly Hills), the City of Culver City (Culver City), and the County of Los Angeles
(County), each a “Party” and, collectively, the “Parties.”
WHEREAS , the Sustainable Groundwater Mana gement Act (SGMA), as enacted on
September 16, 2014, and codified in California Water Code Section 10720 et seq., is
intended to enhance local and sustainable management of groundwater; and
WHEREAS , SGMA authorizes local public agencies that have water su pply, water
management, or land use responsibilities within a groundwater basin to form a
Groundwater Sustainability Agency (GSA) to implement SGMA’s provisions within that
basin; and
WHEREAS , each Party is a local public agency that has water supply, wat er
management, or land use responsibilities within the Santa Monica Basin
(Basin Number 4 -11.01 DWR Bulletin 118) (Santa Monica Basin); and
WHEREAS , the Parties desire to collectively manage the Santa Monica Basin within
their jurisdiction al boundaries; and
WHEREAS , the Parties intend to work collaboratively with each other and other
interested parties to develop and implement a single Groundwater Sustainability Plan
(GSP) to sustainably and cost -effectively manage groundwater in the Santa Monica
Basin pursuant to the requirements of SGMA.
NOW , THEREFORE , incorporating the above recitals herein and exhibit attached, it is
mutually understood and agreed by the Parties as follows:
1. PURPOSE. This MOU is entered into by and among the Parties to
facilitate a cooperative and ongoing working relationship to comply with
SGMA in the Santa Monica Basin by, among other things, forming a GSA
and develop ing and implement ing a single GSP . This MOU is not intended
to form a new legal entity.
2. SANTA MONICA BASIN GROUNDWATER SUSTAINABILITY AGENCY
2.1 The Parties hereby establish the Santa Monica Basin
Groundwater Sustainability Agency (SMBGSA) to sustainably and
cost -ef fectively manage groundwater in the Santa Monica Basin.
Page 2 of 11
2.2 The SMBGSA shall only operate within the collective jurisdictions of the
Parties within the boundaries of Santa Monica Basin, as depicted on the
map incorporated herein as Exhi bit “A.”
2.3 The SMBGSA shall be governed in accordance with this MOU and any
bylaws hereinafter adopted by the Parties. If any conflict arises between
t his MOU and the bylaws, the terms of this MOU shall govern
3 ROLES AND RESPONSIBILITIES OF THE PARTIES
3.1 Each Party covenants that it has the authority to perf orm the activities
required to accomplish the purposes of this MOU, and will cooperate to
implement the following activities and other activities consistent with
SGMA in the Santa Mon ica Basin:
a. Preparing and maintaining a list of interested parties.
b. Conducting public outreach and engagement.
c. Submitting notification of the formation of the SMBGSA
to the California Department of Water Resources (DWR).
d. Consulting and contracting with the United States,
State of California, and adjacent water agencies and
individual landowners.
e. Entering into coordination agreements with other
GSAs and watermasters .
f. Conducting investigation s and analyzing dat a .
g. Developing, adopting, and implementing a GSP.
h. Approving and collecting groundwater management fees.
i. Pursuing financial assistance through grants or similar
opportunities.
j. Obtaining third -party services for groundwater modeling,
data collection, reports, and other related tasks.
3.2 Santa Monica shall ser ve as the coordinating agency on behalf of the
SMBGSA to provide a single point of contact with DWR .
Page 3 of 11
3.3 Santa Monica shall assume primary responsibility for coordinating
t he admini strative functions of the SMBGSA, subject to the
terms of this MOU and the unanimous consent of the Parties.
4 MEETINGS AND DECISION MAKING PROCESS
4.1 Each Party shall appoint one representative (Party Representative) to
participate in the SMBGSA on its behalf. Each Party may appoint an
alternate representative (Alternate Representative) in case of the Party
Representative’s absence or inability to act. A Party may replace its
Party Representative or Alternate Representative at any time upon
providing notice to the other Parties.
4.2 The Party Representatives shall meet as necessary to fulfill the
obligations under this MOU and S G MA , including but not limited to
considering the interests of groundwater beneficial users located in the
Santa Monica Basin pursuant to California Water Code Section
10723.2 . Meetings shall be conducted in accordance with SGMA and
any bylaws hereinafter adopted by the Parties .
4.3 Al l actions undertaken by the SMBGSA shall be by unanimous consent
of the Parties. The Parties understand and agree that such consent may
require further action by the Parties’ respective governing bodies.
5 . FUNDING. Each Party shall bear its own costs until the SMBGSA becomes
the exclusive GSA in the Parties’ collective jurisdictions pursuant to California
Water Code Section 10723.8. No further costs will be undertaken by or
allocated to any of the Parties until a principle for cost distribution is agreed
upon and reflected in an amendment to this MOU, bylaws, or another binding
document .
6. TERM. This MOU shall become effective upon each Party’s execution and
shall terminate on January 31, 20 4 2 . The Parties may terminate this MOU
sooner by unanimous written consent.
7. WITHDRAWAL . Any Party may unilaterally withdraw from this MOU
without causing or requiring termination of the MOU upon providing 30 days
prior written notice to the other Parties. Any withdrawing P arty shall pay its
share of any expenses incurred or accrued in accordance with s ection 5 of
this MOU up to the date of withdrawal . The non -withdrawing Parties may elect
to continue implementation of SGMA jointly under this MOU for the
governance of the lands lying within the jurisdiction of the non -withdrawing
Parties .
Page 4 of 11
8. AMENDMENTS AND WAIVER. No amendment or waiver of any
provision of this MOU, nor consent to any departure, shall be effecti ve unless
in writing and signed by each Party, and then such waiver or consent shall be
effective only in the specific instances and for the specific purpose given.
9. NO LIABILITY. No Party, nor any board, director, officer, or representative
of a Party, shall be responsible for any damage or liability occurring by reason
of any other Party's performance or non -performance of its obligations under
this MOU.
10. NOTICES. All notices and other communications given under the terms of
this MOU must be in writing and served personally or by certified U.S. mail.
Any such notice shall be addressed to the Parties as set forth as follows or
to such other address as the Parties may hereafter designate by written
notice. T he date of receipt of the notice shall be the date of actual personal
service or three days after the postmark on certified mail.
Santa Monica
Gil Borboa
Water Resources Manager
City of Santa Monic a
1212 5 th Street, 3 rd Floor
Santa Monica, CA 90401
(310) 458 -8230
Gil.Borboa@smgov.net
LADWP
David R. Pettijohn
Director of Water Resources Division
111 North Hope Street , Rm 1460
Los A ngeles, CA 90012
(213) 923 -4806
David.Pettijohn@LADWP.com
Beverly Hills
Shana Epstein
Public Works Director
455 North Rexford Drive
Beverly Hills, CA 90210
(310) 285 -1000
lepste in@beverlyhills.org
Culver City
Charles D. Herbertson
9770 Culver Boulevard
Culver City, CA 90232
(310) 253 -5630
Charles.Herbertson@culvercity.org
County
County of Los Angeles
Mitch Glaser, Assistant Administrator
320 West Temple Street
Los Angeles, CA 90012
Phone: (213) 974 -4971
Fax: (213) 626 -0434
Page 5 of 11
11. WATER RIGHTS. Nothing herein shall be construed or interpreted as
authorizing the SMBGSA to make a binding determination regarding the
water rights of any person or entity, including, without limitation, any Party.
12. LAND USE AUTHORITY. Nothing herein shall be interpreted as
s uperseding the land use authority of cities a nd counties, including the
city or county general plan s , within the Santa Monica Basin.
13. RELATIONSHIP OF PARTIES . The Parties shall remain at all times as to
each other, wholly independent entities. No Party shall have the authority to
incur any debt, obligation, or liability on behalf of another Party unless
expressly provided by written agreement of the Parties. No employee, agent,
or officer of a Party shall be deemed for any purpose whatsoever to be an
age nt, employee or officer of another Party.
14. GOVERNING LAW . This MOU shall be interpreted, construed, and
governed according to the laws of the State of California without regard to
conflict of law principles.
15. VENUE. Any suit, action, or proceeding brought under the scope of this MOU
shall be filed in the County of Los Angeles, State of California. The
foregoing, however, shall not limit any Party’s right to seek a change of
venue under applicabl e law.
16. NO ATTORNEYS’ FEES . The Parties agree that, in any action to enforce
the terms of this MOU, each Party shall bear its own attorneys’ fees and
costs.
17. JOINTLY DRAFTED . Each Party acknowledges that it was represented
by its legal counsel during the negotiation and execution of this MOU, and
that it has had a full and fair opportunity to review and revise the terms of
this MOU. Each Party further agrees that this MOU has been jointly drafted,
and that no term contained herein shall be construed against or in favor of
a nother Party.
18. SEVERABILITY. If one or more of the provisions contained in this MOU
are invalid, illegal, or unenforceable in any respect, the validity, legali ty, and
enforceability of the remaining provisions shall not be affected or impaired in
any manner.
19. HEADINGS. Section headings in this MOU are included for convenience
of reference only and shall not be given any substantive effect.
Page 6 of 11
20. ENTIRE AGREEMENT. This MOU constitutes the entire understanding of
the Parties with respect to the subject matter hereof and supersedes all prior
or contemporaneous agreements , whether written or oral, with respect
thereto.
21. COUNTERPART EXECUTIO N. This Agreement may be executed in
counterparts and each executed counterpart shall be effective as the
original.
22. NO THIRD PARTY BENEF ICIARIES. This MOU is not intended , and will not
be construed, to confer a benefit or create any right on a third party or the
power or right to bring an action to enforce any of its terms.
[signature pages follow]
Page 7 of 11
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as
of the date and year written below:
DEPARTMENT OF WATER AND POWER
OF THE CITY OF LOS ANGELES BY
BOA RD OF WATER AND POWER COMMISSIONERS
By: _____________________________________
DAVID H. WRIGHT
General Manager
Date: _____________________________________
And: _____________________________________
BARBARA E. MOSCHOS
Secretary
Page 8 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF SANTA MONICA
ATTEST: a municipal corporation
__________________________ By: ________________________
DENISE ANDERSON-WARREN RICK COLE
City Clerk City Manager
APPROVED AS TO FORM:
__________________________
JOSEPH LAWRENCE
Interim City Attorney
Page 9 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF BEVERLY HILLS
By: ________________________
SHANA EPSTEIN
Public Works Director
APPROVED AS TO FORM:
__________________________
JIM MARKMAN
City Attorney
Page 10 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF CULVER CITY
ATTEST:
__________________________ By: ________________________
JEREMY GREEN JOHN M. NACHBAR
City Clerk City Manager
APPROVED AS TO FORM:
__________________________
CAROL SCHWAB
City Attorney
Page 11 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
COUNTY OF LOS ANGELES
APPROVED AS TO FORM:
__________________________ By: __________________________
MARY C. WICKHAM RICHARD J. BRUCKNER
C ounty Counsel Director of Regional Planning
Ex
h
i
b
i
t
A
:
S
a
n
t
a
M
o
n
i
c
a
B
a
s
i
n
±
00
.
7
5
1
.
5
2
.
2
5
3
0.
3
7
5
Mi
l
e
s
Le
g
e
n
d
Sa
n
t
a
M
o
n
i
c
a
B
a
s
i
n
Ci
t
y
o
f
L
o
s
A
n
g
e
l
e
s
w
i
t
h
i
n
S
a
n
t
a
M
o
n
i
c
a
B
a
s
i
n
Be
v
e
r
l
y
H
i
l
l
s
Cu
l
v
e
r
C
i
t
y
Ci
t
y
o
f
S
a
n
t
a
M
o
n
i
c
a
Un
i
n
c
o
r
p
o
r
a
t
e
d
C
o
u
n
t
y
A
r
e
a
s
Page 1 of 11
M emorandum of Understanding for the Formation of the
Santa Monica Basin Groundwater Sustainability Agency
T his Memorandum of Understanding for the formation of the Santa Monica Basin
Groundwater Sustainability Agency (MOU) is made and entered by and among the City
of Santa Monica (Santa Monica), a municipal corporation, the City of Los Angeles, by
and through i ts Department of Water and Power (LADWP), the City of Beverly Hills
(Beverly Hills), the City of Culver City (Culver City), and the County of Los Angeles
(County), each a “Party” and, collectively, the “Parties.”
WHEREAS , the Sustainable Groundwater Mana gement Act (SGMA), as enacted on
September 16, 2014, and codified in California Water Code Section 10720 et seq., is
intended to enhance local and sustainable management of groundwater; and
WHEREAS , SGMA authorizes local public agencies that have water su pply, water
management, or land use responsibilities within a groundwater basin to form a
Groundwater Sustainability Agency (GSA) to implement SGMA’s provisions within that
basin; and
WHEREAS , each Party is a local public agency that has water supply, wat er
management, or land use responsibilities within the Santa Monica Basin
(Basin Number 4 -11.01 DWR Bulletin 118) (Santa Monica Basin); and
WHEREAS , the Parties desire to collectively manage the Santa Monica Basin within
their jurisdiction al boundaries; and
WHEREAS , the Parties intend to work collaboratively with each other and other
interested parties to develop and implement a single Groundwater Sustainability Plan
(GSP) to sustainably and cost -effectively manage groundwater in the Santa Monica
Basin pursuant to the requirements of SGMA.
NOW , THEREFORE , incorporating the above recitals herein and exhibit attached, it is
mutually understood and agreed by the Parties as follows:
1. PURPOSE. This MOU is entered into by and among the Parties to
facilitate a cooperative and ongoing working relationship to comply with
SGMA in the Santa Monica Basin by, among other things, forming a GSA
and develop ing and implement ing a single GSP . This MOU is not intended
to form a new legal entity.
2. SANTA MONICA BASIN GROUNDWATER SUSTAINABILITY AGENCY
2.1 The Parties hereby establish the Santa Monica Basin
Groundwater Sustainability Agency (SMBGSA) to sustainably and
cost -ef fectively manage groundwater in the Santa Monica Basin.
Page 2 of 11
2.2 The SMBGSA shall only operate within the collective jurisdictions of the
Parties within the boundaries of Santa Monica Basin, as depicted on the
map incorporated herein as Exhi bit “A.”
2.3 The SMBGSA shall be governed in accordance with this MOU and any
bylaws hereinafter adopted by the Parties. If any conflict arises between
t his MOU and the bylaws, the terms of this MOU shall govern
3 ROLES AND RESPONSIBILITIES OF THE PARTIES
3.1 Each Party covenants that it has the authority to perf orm the activities
required to accomplish the purposes of this MOU, and will cooperate to
implement the following activities and other activities consistent with
SGMA in the Santa Mon ica Basin:
a. Preparing and maintaining a list of interested parties.
b. Conducting public outreach and engagement.
c. Submitting notification of the formation of the SMBGSA
to the California Department of Water Resources (DWR).
d. Consulting and contracting with the United States,
State of California, and adjacent water agencies and
individual landowners.
e. Entering into coordination agreements with other
GSAs and watermasters .
f. Conducting investigation s and analyzing dat a .
g. Developing, adopting, and implementing a GSP.
h. Approving and collecting groundwater management fees.
i. Pursuing financial assistance through grants or similar
opportunities.
j. Obtaining third -party services for groundwater modeling,
data collection, reports, and other related tasks.
3.2 Santa Monica shall ser ve as the coordinating agency on behalf of the
SMBGSA to provide a single point of contact with DWR .
Page 3 of 11
3.3 Santa Monica shall assume primary responsibility for coordinating
t he admini strative functions of the SMBGSA, subject to the
terms of this MOU and the unanimous consent of the Parties.
4 MEETINGS AND DECISION MAKING PROCESS
4.1 Each Party shall appoint one representative (Party Representative) to
participate in the SMBGSA on its behalf. Each Party may appoint an
alternate representative (Alternate Representative) in case of the Party
Representative’s absence or inability to act. A Party may replace its
Party Representative or Alternate Representative at any time upon
providing notice to the other Parties.
4.2 The Party Representatives shall meet as necessary to fulfill the
obligations under this MOU and S G MA , including but not limited to
considering the interests of groundwater beneficial users located in the
Santa Monica Basin pursuant to California Water Code Section
10723.2 . Meetings shall be conducted in accordance with SGMA and
any bylaws hereinafter adopted by the Parties .
4.3 Al l actions undertaken by the SMBGSA shall be by unanimous consent
of the Parties. The Parties understand and agree that such consent may
require further action by the Parties’ respective governing bodies.
5 . FUNDING. Each Party shall bear its own costs until the SMBGSA becomes
the exclusive GSA in the Parties’ collective jurisdictions pursuant to California
Water Code Section 10723.8. No further costs will be undertaken by or
allocated to any of the Parties until a principle for cost distribution is agreed
upon and reflected in an amendment to this MOU, bylaws, or another binding
document .
6. TERM. This MOU shall become effective upon each Party’s execution and
shall terminate on January 31, 20 4 2 . The Parties may terminate this MOU
sooner by unanimous written consent.
7. WITHDRAWAL . Any Party may unilaterally withdraw from this MOU
without causing or requiring termination of the MOU upon providing 30 days
prior written notice to the other Parties. Any withdrawing P arty shall pay its
share of any expenses incurred or accrued in accordance with s ection 5 of
this MOU up to the date of withdrawal . The non -withdrawing Parties may elect
to continue implementation of SGMA jointly under this MOU for the
governance of the lands lying within the jurisdiction of the non -withdrawing
Parties .
Page 4 of 11
8. AMENDMENTS AND WAIVER. No amendment or waiver of any
provision of this MOU, nor consent to any departure, shall be effecti ve unless
in writing and signed by each Party, and then such waiver or consent shall be
effective only in the specific instances and for the specific purpose given.
9. NO LIABILITY. No Party, nor any board, director, officer, or representative
of a Party, shall be responsible for any damage or liability occurring by reason
of any other Party's performance or non -performance of its obligations under
this MOU.
10. NOTICES. All notices and other communications given under the terms of
this MOU must be in writing and served personally or by certified U.S. mail.
Any such notice shall be addressed to the Parties as set forth as follows or
to such other address as the Parties may hereafter designate by written
notice. T he date of receipt of the notice shall be the date of actual personal
service or three days after the postmark on certified mail.
Santa Monica
Gil Borboa
Water Resources Manager
City of Santa Monic a
1212 5 th Street, 3 rd Floor
Santa Monica, CA 90401
(310) 458 -8230
Gil.Borboa@smgov.net
LADWP
David R. Pettijohn
Director of Water Resources Division
111 North Hope Street , Rm 1460
Los A ngeles, CA 90012
(213) 923 -4806
David.Pettijohn@LADWP.com
Beverly Hills
Shana Epstein
Public Works Director
455 North Rexford Drive
Beverly Hills, CA 90210
(310) 285 -1000
lepste in@beverlyhills.org
Culver City
Charles D. Herbertson
9770 Culver Boulevard
Culver City, CA 90232
(310) 253 -5630
Charles.Herbertson@culvercity.org
County
County of Los Angeles
Mitch Glaser, Assistant Administrator
320 West Temple Street
Los Angeles, CA 90012
Phone: (213) 974 -4971
Fax: (213) 626 -0434
Page 5 of 11
11. WATER RIGHTS. Nothing herein shall be construed or interpreted as
authorizing the SMBGSA to make a binding determination regarding the
water rights of any person or entity, including, without limitation, any Party.
12. LAND USE AUTHORITY. Nothing herein shall be interpreted as
s uperseding the land use authority of cities a nd counties, including the
city or county general plan s , within the Santa Monica Basin.
13. RELATIONSHIP OF PARTIES . The Parties shall remain at all times as to
each other, wholly independent entities. No Party shall have the authority to
incur any debt, obligation, or liability on behalf of another Party unless
expressly provided by written agreement of the Parties. No employee, agent,
or officer of a Party shall be deemed for any purpose whatsoever to be an
age nt, employee or officer of another Party.
14. GOVERNING LAW . This MOU shall be interpreted, construed, and
governed according to the laws of the State of California without regard to
conflict of law principles.
15. VENUE. Any suit, action, or proceeding brought under the scope of this MOU
shall be filed in the County of Los Angeles, State of California. The
foregoing, however, shall not limit any Party’s right to seek a change of
venue under applicabl e law.
16. NO ATTORNEYS’ FEES . The Parties agree that, in any action to enforce
the terms of this MOU, each Party shall bear its own attorneys’ fees and
costs.
17. JOINTLY DRAFTED . Each Party acknowledges that it was represented
by its legal counsel during the negotiation and execution of this MOU, and
that it has had a full and fair opportunity to review and revise the terms of
this MOU. Each Party further agrees that this MOU has been jointly drafted,
and that no term contained herein shall be construed against or in favor of
a nother Party.
18. SEVERABILITY. If one or more of the provisions contained in this MOU
are invalid, illegal, or unenforceable in any respect, the validity, legali ty, and
enforceability of the remaining provisions shall not be affected or impaired in
any manner.
19. HEADINGS. Section headings in this MOU are included for convenience
of reference only and shall not be given any substantive effect.
Page 6 of 11
20. ENTIRE AGREEMENT. This MOU constitutes the entire understanding of
the Parties with respect to the subject matter hereof and supersedes all prior
or contemporaneous agreements , whether written or oral, with respect
thereto.
21. COUNTERPART EXECUTIO N. This Agreement may be executed in
counterparts and each executed counterpart shall be effective as the
original.
22. NO THIRD PARTY BENEF ICIARIES. This MOU is not intended , and will not
be construed, to confer a benefit or create any right on a third party or the
power or right to bring an action to enforce any of its terms.
[signature pages follow]
Page 7 of 11
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as
of the date and year written below:
DEPARTMENT OF WATER AND POWER
OF THE CITY OF LOS ANGELES BY
BOA RD OF WATER AND POWER COMMISSIONERS
By: _____________________________________
DAVID H. WRIGHT
General Manager
Date: _____________________________________
And: _____________________________________
BARBARA E. MOSCHOS
Secretary
Page 8 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF SANTA MONICA
ATTEST: a municipal corporation
__________________________ By: ________________________
DENISE ANDERSON-WARREN RICK COLE
City Clerk City Manager
APPROVED AS TO FORM:
__________________________
JOSEPH LAWRENCE
Interim City Attorney
Page 9 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF BEVERLY HILLS
By: ________________________
SHANA EPSTEIN
Public Works Director
APPROVED AS TO FORM:
__________________________
JIM MARKMAN
City Attorney
Page 10 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF CULVER CITY
ATTEST:
__________________________ By: ________________________
JEREMY GREEN JOHN M. NACHBAR
City Clerk City Manager
APPROVED AS TO FORM:
__________________________
CAROL SCHWAB
City Attorney
Page 11 of 11
IN WITNESS WHEREOF , each Party hereby has caused this MOU to be executed as
of the date and year written below:
COUNTY OF LOS ANGELES
APPROVED AS TO FORM:
__________________________ By: __________________________
MARY C. WICKHAM RICHARD J. BRUCKNER
C ounty Counsel Director of Regional Planning
Ex
h
i
b
i
t
A
:
S
a
n
t
a
M
o
n
i
c
a
B
a
s
i
n
±
00
.
7
5
1
.
5
2
.
2
5
3
0.
3
7
5
Mi
l
e
s
Le
g
e
n
d
Sa
n
t
a
M
o
n
i
c
a
B
a
s
i
n
Ci
t
y
o
f
L
o
s
A
n
g
e
l
e
s
w
i
t
h
i
n
S
a
n
t
a
M
o
n
i
c
a
B
a
s
i
n
Be
v
e
r
l
y
H
i
l
l
s
Cu
l
v
e
r
C
i
t
y
Ci
t
y
o
f
S
a
n
t
a
M
o
n
i
c
a
Un
i
n
c
o
r
p
o
r
a
t
e
d
C
o
u
n
t
y
A
r
e
a
s
1
Vernice Hankins
From:Mike <mike@mikeantos.com>
Sent:Sunday, April 30, 2017 12:44 PM
To:Gil Borboa
Subject:SGMA Comments
To whom it concerns,
Santa Monica deserves credit for taking the lead in the development of a GSA for the Santa Monica
Basin. Partnering with other interest ed parties is also wise and producti ve, whether or not required. Were
either City of Los Angeles Bureau of Sanitation or West Basin MWD considered for inclusion in the GSA
MOU? BOS will be a source of recycled water for groundwater recharge. And, West Basin MWD manages a
hydrologically-connected groundwater basin (albeit one that is adjudicated), is also a potential customer for
BOS recycled water, and is considering high-carbon o cean desalination, all of whic h will have impacts on the
Santa Monica Basin.
I would encourage the process to include those two agencies.
Mike Antos, Ph.D.
626.226.6691
Item 9-A
5/9/17
1 of 2 Item 9-A
5/9/17
It
e
m
9-
A
5/
9
/
1
7
2
of
2
It
e
m
9-
A
5/
9
/
1
7
SUST AINABLE GR OUNDW AT ER MANA GEMENT A CT
(SGMA)
GROUND WA TER SUST AINABILITY AGENCY FORMA TION
PUBLIC HEARING
MA Y 9, 2017
GIL BORBO A, P .E., W AT ER RESOURCES MANA GER, CITY OF SANT A MONICA
Sustainable Manag ement
“Management and use of gr ound wat er in a
manner tha t can be maintained during the
planning and implementa tion horiz on without
causing undesira ble results .”
CW C §10721(u)
•Dev elop a Gr ound wa ter Sustainability Plan (GSP )
•Conduct studies
• Re gister and monitor gr ound wa ter we lls
• Re quire repor ts of gr ound wa ter ex tr action
• Implement capital pr ojects to meet goals
• Assess fees to cov er cost of gr ound wa ter manag ement
Gr ound wa ter Sustainability Ag encies (GSAs ) are empo we red to:
Santa M onica Basin Groundwa ter Sustainability Agency –SMBGSA
Go ver nance Structur e
•MOU acceptable gov er nance str uctures
•GSA f or mation restricted to Local Ag encies: A local public entity with
wa ter supply , w ater manag ement, or land use responsibilities
•Basins are required to hav e GSA ’s cov ering the entire basin
•If par t of a basin is not cov ered, County presumed to be the GSA f or
the un -cov ered area
Public Hearings r equir ed for Agency for ma tion
•LADWP , May 2, 2017
•Santa Monica,May 9, 2017
•LA County ,May 23, 2017
•Culver City , May 30, 2017
•Be ver ly Hills , June 13, 2017
Santa M onica Basin Gr ound wa ter Sustainability Ag ency
(SMBGSA)
Ke y Implementation Dates
•Public inf or mation meeting f or GSA For mation: April 12, 2017
•Designated Public Hearings fo r GSA fo rm ation, MOU ag encies
May/June 2017
•Filing of SMBGSA with Dept. of Wa ter R esources due June 30, 2017
•Final Gr ound wa ter Sustainability Plan due Januar y 31, 2022
•Implementation of Plan (Sustainability Ac hiev ed) Januar y 31, 2042
•By adopting the pr oposed R esolution, Santa Monica will join the
cities of Bev er ly Hills , Culv er City , the Los Ang eles D WP , and Los
Ang eles County to f or m the SMBGSA
•There is no immediate fiscal impact to Santa Monica; ho we ve r,the
GSA will in the future define cost sharing ter ms and arrang ements
in a separate agreement whic h will be presented to eac h of the
gov er ning bodies f or appr ov al
1.Hold a Public Hearing for the formation of a Groundwater Sustainabilit y
Agency for the Santa Monica Groundwater Basin ;
2.Adopt the attached resolution acknowledging the City of Santa Monica’s
election to become a Groundwater Sustainability Agency ;and
3 .Authorize the City Manager to negotiate and execute a Memorandum of
Understanding establishing the Santa Monica Basin Groundwater
Sustainability Agency .
Re commended Action:
Sustainability in G ro und wa ter Manag ement ac hiev ed
by addressing Undesir able R esults:
•Chr onic Lo we ring of gr ound wa ter lev els
•Re duction of Stor ag e
•Degr aded W ater Quality
•Seaw ater Intr usion
•Land Subsidence
•Surface W ater Depletion
CW C §10721(w)
Creating Gr ound wa ter Sustainability Plans (GSPs)
•Comprise one plan that cov ers entire basin, or
•Comprise mu ltiple plans created b y different ag encies
•Ph ysical description of basin
• Identify undesir able results , establish threshold and trigg ers
• Establish monitoring pr ogr am & manag ement pr ovisions
• Measure and repor t pr ogress ev ery 5 y ears