MEMORANDUM OF UNDERSTANDING
By and Between
THE ORANGE COUNTY WATER DISTRICT
And
THE CITY OF ANAHEIM
For
OC RIVER WALK
WHEREAS, the City of Anaheim (“ANAHEIM”) is proposing to develop the OC River Walk Corridor (“CORRIDOR”) (see Exhibit A) by collaborating with various local agencies on projects to enhance an area in, on, and along the Santa Ana River (“River”) between Anaheim Coves and Orangewood Avenue, to provide various benefits to residents and visitors, including but not limited to flood control, ground water recharge, habitat, active transportation, and recreational improvements; and
WHEREAS, ANAHEIM has completed the OC River Walk Engineering Feasibility Study dated November 2021 (“Study”), which includes detailed investigations into the development and implementation of the CORRIDOR to fulfill ANAHEIM’s vision of transforming the River corridor into an iconic location and experience, to be known as the OC River Walk; and WHEREAS, ANAHEIM wishes to develop various public improvements in the CORRIDOR on Orange County Water District (“OCWD”) owned or controlled properties and/or OCWD easement areas; and
WHEREAS, ANAHEIM wishes to develop certain public improvements in the CORRIDOR using OCWD’s Groundwater Replenishment System (“GWRS”) water and/or Santa Ana River water, and to be managed and operated by OCWD in order to serve the respective interests of ANAHEIM and OCWD (individually, “PARTY”, collectively, “PARTIES”) and the public; and WHEREAS, OCWD enhances the safe yield of the groundwater basin through managed aquifer recharge; and
WHEREAS, OCWD currently uses the River and other nearby controlled properties to enhance groundwater recharge with the CORRIDOR; and
WHEREAS, it is the mutual desire of the PARTIES to enhance the CORRIDOR for reasons stated above and to negotiate in good faith while maintaining OCWD’S ability to maintain its operational requirements; and
WHEREAS, the PARTIES wish to enter into this Memorandum of Understanding (“MOU”) as a basis for their future negotiations for the development of the portions of the CORRIDOR and the joint use of OCWD property to the extent such use may be consistent with the CITY’S CORRIDOR public improvement plans.
NOW, THEREFORE, the PARTIES hereto establish the following principles to guide their future planning and negotiations on this matter:
1. For the purposes of this MOU, the following words are defined as follows:
a. PROJECT shall collectively mean the following five (5) elements of the seventeen “Opportunities” identified in the OC River Walk Engineering Feasibility Study, which is incorporated by reference herein1:
i. RIVER IMPOUNDMENT FACILITIES –inflatable dam structures in the River with rapid take-down capabilities to impound water behind them and creating water bodies in the River (individually, IMPOUNDMENT, collectively IMPOUNDMENTS), a GWRS water outlet turnout structure and supporting chemical addition (e.g., dechlorination, stabilization/conditioning, etc.) facilities necessary to supply GWRS water to the proposed IMPOUNDMENTS, and a pump station, and pipeline and appurtenant facilities including controls, and operation sequencing for both IMPOUNDMENT evacuation and recirculation pumping necessary to create semi- permanent water bodies in the River.
ii. RECONFIGURATION OF RIVER EMBANKMENTS – consists of modification of the River embankments along both east and west sides of the River, both north and south of Katella Avenue
iii. PEDESTRIAN AND BICYCLE BRIDGES - one bridge to be located north of Katella Avenue that will more safely connect pedestrians and bicycles to the Santa Ana River Trail and a second bridge north of Orangewood Avenue
iv. TRAIL EXTENSION/CONNECTIONS to the existing Anaheim Coves; and v. ART/EDUCATION/RECREATIONAL ELEMENTS along the CORRIDOR by ANAHEIM and OCWD.
2. The PARTIES may establish one or more joint committees to research or discuss any aspect of the issues pertinent to the development and joint use of the PROJECT. Any recommendations by such committees shall not be binding upon the parties unless and until incorporated into executed agreement(s) for the PROJECT.
3. The PARTIES will jointly establish the boundaries and recreational uses of the PROJECT, taking into consideration the security, environmental, and OCWD’s operational requirements and ANAHEIM’s desire to maintain open access to the CORRIDOR.
4. The PARTIES will develop a joint development plan for the PROJECT to assure that both PARTIES’ interests are addressed, and which will guide any PARTY actions required to meet the standards established in this MOU. That plan will become the basis of one or more agreements which shall govern all aspects of the joint use of the PROJECT. As part of the foregoing joint development plan for the PROJECT, a detailed site plan will be prepared which delineates those areas of the entire site which are (1) areas to be dedicated exclusively for OCWD use; and (2) areas to be used jointly for OCWD-related purposes and for public use. ANAHEIM acknowledges that any joint use of OCWD lands must consider OCWD lessees on the OCWD lands, and their rights under OCWD leases and permits.
5. The PARTIES hereto agree to negotiate in good faith for the purpose of developing and executing one or more agreements based upon the terms of the MOU whereby:
a. ANAHEIM will be responsible for:
i. Obtaining all access rights, permitting, funding, and design for the PROJECT. 1 The Parties are not approving the PROJECT, or any portion thereof, via this MOU. This MOU is instead intended to provide a framework for the future development and negotiation of the PROJECT, which can be expanded or constricted in the future as the PARTIES may mutually agree. ii. Constructing the PROJECT.
iii. Modifying and/or relocating existing OCWD infrastructure within OCWD-owned or controlled properties and/or easement areas within the PROJECT. iv. Assuming role as lead agency for CEQA and related environmental compliance for the development of the PROJECT and for any modifications from existing use required for the PROJECT. OCWD shall be designated as a Responsible Agency.
ANAHEIM will provide OCWD with an administrative draft version of any environmental documents prepared for the development of the PROJECT and respond to OCWD comments on the draft documents prior to releasing the environmental documents for public review.
v. During and after construction of the PROJECT, providing maintenance and security of the PROJECT and acting as the liaison to the adjoining property owners with the exception of the operation and maintenance of the RIVER IMPOUNDMENT FACILITIES.
vi. During and after construction of the PROJECT, providing insurance in coverage and amounts acceptable to both parties.
vii. CITY will indemnify OCWD from damage or injuries which occur on OCWD property, which is attributable to CITY'S maintenance or construction operations or resulting from public use and access. OCWD will indemnify the CITY from damages or injury on the CITY developed areas, which is attributable to the OCWD’s maintenance or construction operations.
b. ANAHEIM will provide the following to OCWD:
i. Reasonable Property access rights for OCWD to access, for maintenance and operation of the RIVER IMPOUNDMENT FACILITIES.
ii. Ownership and operational control of the RIVER IMPOUNDMENT FACILITIES once they are constructed.
iii. Reimbursement of annual operation and maintenance costs of the RIVER IMPOUNDMENT FACILITIES; amounts to be specified in future license and operations agreements.
iv. All costs associated for future replacements of the RIVER IMPOUNDMENT FACILITIES.
v. Reimbursement for all costs required to comply with CEQA, and to obtain and maintain regulatory permits for discharge to the Santa Ana River and other regulatory actions necessitated by the PROJECT, including but not limited to monitoring wells and recurring annual fees.
c. OCWD will:
i. Provide reasonable access to the public within OCWD-owned or controlled properties and/or easement areas to connect future and existing trails to Anaheim Coves.
ii. Accept ownership and operational control of the RIVER IMPOUNDMENT FACILITIES once they are constructed.
iii. Endeavor to impound only GWRS water, when available (as determined by OCWD) and determine operating water levels in and release of water from the RIVER IMPOUNDMENTS.
iv. Obtain and maintain any required NPDES or Porter Cologne discharge permit(s) for the RIVER IMPOUNDMENTS from the Santa Ana Regional Water Quality Control Board (“Regional Board”).
d. The PARTIES shall develop appropriate wording for displays and signage highlighting the use of GWRS water, OCWD’s use of the River, the use of OCWD lands for trail amenities, historical and natural amenities of the area and other features as determined desirable by the PARTIES.
6. To minimize the impact of construction activities upon OCWD use, the PARTIES shall meet regularly both before and during the construction period to discuss the construction schedule and any impact of construction activities upon OCWD use.
7. ANAHEIM will apply for and be responsible for managing State, Federal, and local grants for the design and development of the PROJECT.
8. OCWD-owned or controlled property and/or easements will not be used as security for any debt.
9. However, except for said obligation to negotiate and work together in good faith in developing the framework for the PROJECT, nothing contained herein shall be deemed a binding commitment upon or enforceable promise by either party.
10. Attached hereto as Exhibit “A” and incorporated by reference herein, is a conceptual depiction of the PROJECT showing the proposed improvements to be contemplated under the aforementioned agreement(s). Said Exhibits, and any related definitions, estimates, figures, or valuations are included herewith to signify the intent of this MOU, and the parties hereto agree and understand that said definitions, estimates, figures, or valuations may vary during the design and construction process associated with the project. The Exhibits are subject to revision based upon the agreement(s) for the site.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the City of Anaheim and the Orange County Water District have entered into this MOU as of the dates set forth below.
CITY OF ANAHEIM ORANGE COUNTY WATER DISTRICT
By:____________________ By: ______________________
Denis Bilodeau, President
Date: __________________ Date: ____________________
By: ______________________
John Kennedy, General Manager
Approved as to form: Approved as to form:
xx, City Attorney Rutan & Tucker, LLP
By: _____________________ By: _____________________
Attested To:
By: ______________________
City Clerk for City of Anaheim
Exhibit A
OC River Walk Master Plan