STAFF REPORT
Meeting Date: September 12, 2023
To: Honorable Mayor & City Council
From: Robert Welch PE, Utilities General Manager
Subject: Santa Monica Basin Groundwater Sustainability Agency Attachments: 1. Resolution No. 17-R-13142, Memorandum of Understanding
2. First Amendment to the Memorandum of Understanding
INTRODUCTION
The Santa Monica Basin Groundwater Sustainability Agency (SMBGSA) was formed in 2017 in accordance with the California Sustainable Groundwater Management Act (SGMA) of 2014. The five member agencies of the SMBGSA, whose jurisdictions entirely or partially overlay the boundaries of the Santa Monica Groundwater Basin, include the City of Santa Monica, the City of Beverly Hills, the City of Los Angeles, by and through its Department of Water and Power, the City of Culver City and the County of Los Angeles. The five member agencies signed a Memorandum of Understanding (MOU) (Attachment 1) for the formation of the SMBGSA in May 2017. The Sustainable Groundwater Management Act (SGMA) requires the SMBGSA to understand the basin context, basin conditions, hydrogeological conceptual model and the basin water budget, as well as provide a description of the sustainable management criteria for the basin, stakeholder engagement, monitoring network planning and identification of project and management plans. The SMBGSA holds quarterly public workshops to engage all stakeholders in the Santa Monica Groundwater Basin.
DISCUSSION
The Santa Monica Basin has a surface area of approximately 31,637 acres, or 49.4 square miles, and underlies the northwestern part of the Coastal Plain of Los Angeles Groundwater Basin (Figure 1). A very small portion of the City of Beverly Hills lies within the northeastern most area of the Santa Monica Basin. The City currently does not have any plans to pump out of the Santa Monica Basin. However, by being a member of the GSA, the City has a seat on the GSA Board to explore potential opportunities in the future should they become available. Also, by being a partner on the GSA, it strengthens our relationship with the same agencies that overlap into other groundwater basins that the City currently extracts water.
BEVERLY
HILLS
.~
Meeting Date: September 12, 2023
Figure 1 - Santa Monica Basin
The SMBGSA was responsible for developing a Groundwater Sustainability Plan (GSP) pursuant to SGMA and the regulations issued in accordance therewith. The GSP is the first comprehensive groundwater assessment and management plan specific to the Santa Monica Basin, a medium-priority groundwater basin. A GSP is a 20-year plan to ensure that groundwater is managed sustainably within a groundwater basin in coordination with the land use plan for each member. One of the primary objectives of a GSP is to define a framework for sustainable groundwater management with consideration of the physical setting and beneficial uses and users of groundwater, consistent with the requirements of the SGMA. A GSP must also determine how the basin will achieve sustainable groundwater management within a 20-year period through monitoring and management actions. In general, sustainability means avoiding all of the following effects due to groundwater conditions occurring throughout the basin:
Chronic lowering of groundwater level indicating a significant and unreasonable depletion of supply if continued over a 50-year period, Significant and unreasonable reductions in groundwater storage, Significant and unreasonable seawater intrusion,
Significant and unreasonable degraded water quality including contaminant plume migration,
Significant and unreasonable land subsidence that substantially interferes with surface land uses, and
Depletions of interconnected surface waters that have significant and unreasonable adverse impacts on beneficial uses of the surface water. ' .. '
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Meeting Date: September 12, 2023
The Santa Monica Basin has historically been well-managed, and these adverse effects have not been experienced. However, mitigation measures are in place in the GSP to address these concerns should they arise.
In 2017, the SMBGSA was formed through an MOU. The MOU was executed by the City of Santa Monica, the City of Beverly Hills, the City of Los Angeles, by and through its Department of Water and Power, the City of Culver City and the County of Los Angeles. All parties desired to form the SMBGSA to essentially manage the Santa Monica Basin in compliance with the requirements of the SGMA, including the implementation of a GSP. The City desired to be a member agency because 596 acres of its land area was within the Santa Monica Basin, and the City may potentially pump groundwater within the Santa Monica Basin. Each member of the SMBGSA has equal voting power on matters and the MOU requires unanimous decision for a matter to pass.
The MOU provided that the SMBGSA is not a separate legal entity. Also, the MOU deferred cost-sharing obligations for future management of the SMBGSA. In 2019, an Amendment to the MOU (Attachment 2) was developed addressing the cost-share for the GSP where City of Santa Monica and LADWP were identified to share cost equally (50:50). At recent SMBGSA meetings, the SMBGSA Board has started discussing costshare options. Since the City Council deferred the prescribed cost-sharing until a later date, staff will need direction from City Council on a cost-sharing preference.
Alternatively, the City Council could exercise its option to opt out of the MOU if preferred.
The estimated fees and costs associated with management of the SMBGSA and implementation of the GSP total approximately $887,580 for the next five years. One option discussed by the SMBGSA members was to pursue a pro-rata sharing of these costs, i.e., a 1/5 split of $887,580 ($177,516). Another option was a cost share based on percentage of jurisdictional land that is within the Santa Monica Basin. City staff and City Attorney’s Office recommend a rejection of a pro-rata split. Beverly Hills’ land area is only 2% of the total Santa Monica Basin, and if land area percentage were applied to those fees and costs, the City’s share would only be $17,520 based upon the table below.
Jurisdictional Authority
Area
Within
Plan
Area
(acres)
Percent
of Plan
Area
Percent
of Plan
Area
Without
State
Lands
Cost Share
Amount
Based on
Land Area
(5-year)
Plan Area
City of Los Angeles (DWP) 19,539 62% 65% $574,367
City of Santa Monica 5,165 16% 17% $151,830
City of Culver City 2,981 9% 10% $87,629
City of Beverly Hills 596 2% 2% $17,520
County of Los Angeles 1,913 6% 6% $56,234
State of California Lands (various agencies) 1,443 5%
Total 31,637 100% 100% $887,580
Meeting Date: September 12, 2023
A potential third option could be an average of three factors: land area percentage (2%), pro-rata split (20%), and percentage pumping in the Santa Monica basin (0%), equaling
7.33% which would be $65,020.
There are issues to be considered regarding potential groundwater pumping in the 596 acres within the City’s jurisdiction in the Santa Monica Basin. There are at least two issues that favor withdrawal. The potential location would be in the proximity of the recently capped oil wells, and there may be sensitivity within the community regarding drilling in this area. Also, there is concern about potential liability arising out of the Hillcrest litigation, as well as other potential future litigation involving the implementation of the GSP. Notably, there has been vocal opposition to the GSP at SMBGSA General Board meetings with multiple threats of future litigation.
Section 7 of the MOU requires 30 days’ advance notice of withdrawal and provides that each of the parties shall bear their share of incurred costs prior to the withdrawal.
There are also at least two issues that favor remaining in the SMBGSA. The City’s withdrawal from the SMBGSA would likely make it more difficult to take advantage of the remote possibility of future groundwater pumping within the City’s 596-acre land area within the Santa Monica Basin. Also, by withdrawing, the City’s relationship with the member agencies may be impacted which is important to consider given that the City does extract water from other groundwater basins that overlap their jurisdiction.
FISCAL IMPACT
To date, there have been no hard costs incurred by the City in the formation and participation of the SMBGSA. Costs have comprised mainly of City staff time and legal cost in support of staff. Costs will be revisited and brought back to the City Council once cost allocation structures were being considered amongst the participating members.
RECOMMENDATION
Staff seeks direction on (1) consideration of cost-share participation in the SMBGSA and (2) the City Council’s interest in the City remaining in or withdrawing from the SMBGSA.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
RESOLUTION NO. 17-R-13142
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS APPROVING A MEMORANDUM OF
UNDERSTANDING FOR THE FORMATION OF THE SANTA MONICA
BASIN GROUNDWATER SUSTAINABILITY AGENCY
WHEREAS, the California legislature enacted the Sustainable Groundwater Management Act ("SGMA") on September 16, 2014 intending to enhance local, sustainable management of groundwater resources; and
WHEREAS, SGMA authorizes public entities with water supply, water management, and/or land use responsibilities within a groundwater basin to form a Groundwater Sustainability Agency ("SGA") in order to implement SGMA within that particular basin; and WHEREAS, the Cities of Beverly Hills, Los Angeles (through its Department of Water & Power) and Culver City and the County of Los Angeles ("the Public Entities") have such responsibilities within the Santa Monica Basin, a groundwater basin identified as Basin Number
4.11.01 in California Department of Water Resources Bulletin 118 ("the Basin" hereinafter); and WHEREAS, the Public Entities wish to collectively manage the Basin and intend to work cooperatively to develop and implement a single Groundwater Sustainability Plan for the Basin in order to cost-effectively manage the Basin as a sustainable resource pursuant to SGMA in accordance with that document entitled "MEMORANDUM OF UNDERSTANDING FOR THE
FORMATION OF THE SANTA MONICA BASIN GROUNDWATER SUSTAINABILITY AGENCY" ("the MOU"), a copy of which is attached hereto as Exhibit "A".
NOW, THEREFORE, the Council of the City of Beverly Hills does resolve as follows:
Section 1. The City Council hereby approves the MOU, authorizes its execution and directs the City Staff to implement its provisions.
Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and his certification to be entered in the Book of Resolutions of the City Council of this City.
ADOPTED: June 13, 2017
Mayor of the City of Beverly Hills
B0785-l 567\2056425vl .doc
ATTEST:
APPROVED AS TO FORM:
LA~~~Mi:ER
City Attorney
-2-
B0785-l 567\2056425vl .doc
EXHIBIT A
Memorandum of Understanding for the Formation of the
Santa Monica Basin Groundwater Sustainability Agency
This 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 its 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 Management 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 supply, 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, water 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 jurisdictional 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 developing and implementing 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-effectively manage groundwater in the Santa Monica Basin.
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 Exhibit "A."
1.3 The SMBGSA shall be governed in accordance with this MOU and any bylaws hereinafter adopted by the Parties. If any conflict arises between this 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 perform 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 Monica 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 investigations and analyzing data.
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 serve as the coordinating agency on behalf of the SMBGSA to provide a single point of contact with DWR.
3.3 Santa Monica shall assume primary responsibility for coordinating the administrative 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 SGMA, 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 All 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, 2042. 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 Party shall pay its share of any expenses incurred or accrued in accordance with section 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.
8. AMENDMENTS AND WAIVER. No amendment or waiver of any provision of this MOU, nor consent to any departure, shall be effective 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. The 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 Monica
1212 5th Street, 3rd Floor
Santa Monica, CA 90401
(310) 458-8230
[email protected]
Beverly Hills
Shana Epstein
Public Works Director
455 North Rexford Drive
Beverly Hills, CA 90210
(310) 285-1000
[email protected]
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
LADWP
David R. Pettijohn
Director of Water Resources Division
111 North Hope Street, Rm 1460
Los Angeles, CA 90012
(213) 923-4806
David. [email protected]
Culver City
Charles D. Herbertson
9770 Culver Boulevard
Culver City, CA 90232
(310) 253-5630
[email protected]
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 superseding the land use authority of cities and counties, including the city or county general plans, 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 agent, 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 applicable 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 another Party.
18. SEVERABILITY. If one or more of the provisions contained in this MOU are invalid, illegal, or unenforceable in any respect, the validity, legality, 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.
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 EXECUTION. This Agreement may be executed in counterparts and each executed counterpart shall be effective as the original.
22. NO THIRD PARTY BENEFICIARIES. 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]
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
BOARD OF WATER AND POWER COMMISSIONERS
By:---------------
Date:
And:
DAVID H. WRIGHT
General Manager
BARBARA E. MOSCHOS
Secretary
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
ATTEST:
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
JOSEPH LAWRENCE
Interim City Attorney
CITY OF SANTA MONICA
a municipal corporation
By:---------- RICK COLE
City Manager
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
APPROVED AS TO FORM:
LARRY WIENER
City Attorney
CITY OF BEVERLY HILLS
By:----------
SHANA EPSTEIN
Director of Public Works
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
ATTEST:
JEREMY GREEN
City Clerk
APPROVED AS TO FORM:
CAROL SCHWAB
City Attorney
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
CITY OF CULVER CITY
By: _________ _
JOHN M. NACHBAR
City Manager
COUNTY OF LOS ANGELES
By:----------- RICHARD J. BRUCKNER
Director of Regional Planning
Exhibit A: Santa Monica Basin
Legend
B Santa Monica Basin
City of Los Angeles within Santa Monica Basin
(? Beverly Hills
Q Culver City
Q City of Santa Monica
Unincorporated County Areas
N
A 0 0375 075 15 225 3 -==--==----======i ___ Md111 I
I J
Attachment 2
ORIGINAL
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
FOR THE FORMATION OF THE SANTA MONICA BASIN
GROUNDWATER SUSTAINABILITY AGENCY
This First Amendment to Memorandum of Understanding for the formation of the Santa Monica Basin Groundwater Sustainability Agency (First Amendment), as of executed date, 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 its 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 Management 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 supply, 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, water management, or land use responsibilities within the Santa Monica Basin (Basin Number 4-11.01 DWR Bulletin 118) (Santa Monica Basin); and WHEREAS, the Santa Monica Basin has been designated as a medium priority basin; and
WHEREAS, the Parties desire to collectively manage the Santa Monica Basin within their jurisdictional 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 manage groundwater sustainably and cost-effectively in the Santa Monica Basin pursuant to the requirements of SGMA; and
WHEREAS, the Parties have entered into that certain Memorandum of Understanding for the Formation of the Santa Monica Basin Groundwater Sustainability Agency (MOU) in accordance with California Water Code section 10723.6; and WHEREAS, the Parties desire to authorize Santa Monica to develop the GSP in accordance with the terms and conditions of this First Amendment; and NOW, THEREFORE, incorporating the above recitals herein and exhibit attached, it is mutually understood and agreed by the Parties as follows:
1. AUTHORIZATION TO DEVELOP THE GSP. In addition to any duties assigned to Santa Monica under the MOU, Santa Monica shall develop the GSP, including, more specifically, the following tasks:
(i) The execution of a professional services agreement (PSA) with Dudek (Consultant).
(ii) Sole administration of the PSA, including payment to Consultant and exercise of all contract remedies set forth therein.
(iii) Ensuring timely conformance of the GSP in accordance with SGMA. (iv) Prior to initiating the development of the GSP, providing required notice to the Department of Water Resources in accordance with California Water Code section 10727.8
2. COORDINATION. Each Party hereby agrees to coordinate with Santa Monica during the development of the GSP, including, more specifically, performing the following tasks:
(i) Providing timely public notices within each Party's respective jurisdiction in accordance with California Water Code Section 10727.8 and Title 23, Section 353.6 of the California Code of Regulations. (ii) Within thirty (30) days of a written request by Santa Monica, providing all unprivileged information, data, or documentation within the custody of each Party's respective jurisdiction to Santa Monica, to ensure that the contents of the GSP conforms with SGMA requirements for contents of the GSP.
(iii) Assuming responsibility for obtaining required approvals for each Party's adoption of the GSP.
3. NO WAIVER OF RIGHTS TO ADOPT THE GSP. Nothing herein shall be construed to waive, modify, or void the requirement in the MOU for unanimous consent of the Parties to adopt the GSP.
4. PAYMENT OF COSTS FOR GSP. The costs of developing the GSP shall be allocated as follows:
(i) Santa Monica and LADWP shall share equally (50:50) in the responsibility for payment to Consultant in accordance with the PSA and Payment Schedule attached hereto as Exhibit "A." Culver City, Beverly Hills, and the County shall have no obligation to pay Consultant's costs. Santa Monica shall make all payments to Consultant in accordance with the PSA, and invoice LADWP on a
semi-annual basis on or about February 1 and August 1 for payments made to Consultant during the periods (July 1 - December 31) and (January 1-June 30), respectively. LADWP shall reimburse Santa Monica for 50 percent of undisputed costs paid by Santa Monica to Consultant in accordance with the PSA, within sixty (60) days of receiving an invoice from Santa Monica. In the event that LADWP disputes any costs of services provided under the PSA, LADWP shall provide written notice to Santa Monica explaining the basis for the dispute, and LADWP and Santa Monica shall meet and confer in good faith to resolve such dispute within sixty (60) days of the notice issued by LADWP.
(ii) Except as provided in subparagraph (i), above, each Party shall bear its own costs for development of the GSP.
5. DESIGNATION OF WATER ADVISORY COMMITTEE. In accordance with Water Code section 10727.S(a), the Parties hereby authorize Santa Monica to consult with the Santa Monica Water Advisory Committee for the purposes of developing the GSP.
6. TERM. This First Amendment shall become effective upon each Party's execution and shall terminate concurrently with the MOU.
7. MODIFICATION TO MOU. Except as expressly modified by this First Amendment, all other terms and conditions of the MOU shall be and remain in full force and effect.
[signature pages follow]
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
APPROVED AS TO FORM AND LEGALITY
MICHAEL N. FEUER, CITY ATTORNEY
DEPARTMENT OF WATER AND POWER
OF THE CITY OF LOS ANGELES BY
BOARD OF WATER AND POWER COMMISSIONERS
By:
Date:
And:
MARTIN L. ADAMS
General Manager and Chief Engineer
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
ATTEST:
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DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
~-
----------- ~ -----
LANE DILG
City Attorney
By, __ ;r:: -- ---------
RICK COLE
City Manager
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
APPROVED AS TO FORM:
diMMARKMAN
~/~
City Attorney
VERLY HILLS
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
ATTEST:
JE
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
CITY OF CULVER CITY
By: -~--.J~
JOHN M. NACHBAR
City Manager
COUNTY OF LOS ANGELES
By:-----------
RICHARD J. BRUCKNER
Director of Regional Planning
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as of the date and year written below:
APPR
a, l\f.'rlrTY
Lavr, lcu;ab,oa
COUNTY OF LOS ANGELES
8 Exhibit "A"
Payment Schedule
The not to exceed amount of the PSA with Dudek is $1,300,000. The not to exceed reimbursement amount for LADWP to Santa Monica is $650,000, based upon one-half of itemized progress billing from Dudek to Santa Monica pursuant to the PSA.