TEMPORARY EMERGENCY STORMWATER DISCHARGE
AND
TARA PARK SCHOOL SITE ONGOING DISCHARGE
LICENSE AGREEMENT
This Temporary Emergency Stormwater Discharge and Tara Park School Site License Agreement (“Agreement”) is entered into this _______day of______________________, 2026 (“Effective Date”), by and between the CITY OF MANTECA, a municipal corporation (“City”), and the SOUTH SAN JOAQUIN IRRIGATION DISTRICT, an irrigation district formed under the California Irrigation District Law (“District” or “SSJID”) (collectively, “Parties”).
RECITALS
A. District occupies extensive and various easements and fee-owned lands for the operation of its irrigation and drainage facilities. The District’s easements, whether of record, statutory, or prescriptive, and fee-owned lands are referred to as “District Property.” All District canals, pipelines, appurtenances, or other structures upon District Property are referred to collectively as “District Facilities;” and
B. The District and the City previously entered into that “South San Joaquin Irrigation District City of Manteca Storm Drainage Agreement” dated February 14, 2006 as amended by that “Amendment No. One to Storm Drainage Agreement Between South San Joaquin Irrigation District and City of Manteca” dated September 26, 2016 (collectively, “Storm Drainage Agreement”) which governs the City’s discharge of stormwater and other water to the District Facilities; and
C. The Storm Drainage Agreement authorizes the City’s use of specified District irrigation and drainage facilities for stormwater conveyance, subject to available capacity, District approval, and conditions necessary to protect District operations, in-District priorities, facility integrity, and water quality; and
D. The Storm Drainage Agreement further requires the City to comply with all applicable water quality laws and permits, to suspend discharges when necessary for District construction, maintenance, repair, or replacement work, and to indemnify, release, and hold the District harmless from claims arising from the City’s discharges, use of District facilities, or performance or nonperformance under the Agreement; and
E. Section 7(b) of the Storm Drainage Agreement allows for new connections for drainage of land outside the District’s service territory, at the discretion of the District and subject to conditions that may be imposed by the District; and
F. The City does not have sufficient infrastructure installed to provide terminal stormwater drainage for the southwestern part of the City, which is an area outside of SSJID’s ATTACHMENT 3
service territory; and
G. Currently, this area diverts stormwater to temporary retention basins (Basins) located at the northerly quadrant of McKinley Avenue and W. Atherton Drive, within the City limits; and
H. The Basins were designed and installed via development in accordance with the City of Manteca 2013 Storm Drain Master Plan, but do not adequately percolate and lack storage capacity in certain storm events, causing the City to seek permission from District to allow the City to discharge stormwater from the Basins into the District’s Drain 8 facility on a temporary, emergency basis; and
I. The City and Manteca Unified School District (“MUSD”) have jointly requested drainage service from the District for MUSD’s planned 17-acre Tara Park school site located at 3005 W. Woodward Avenue (“School Site”), which is within the City limits but outside the District service territory; and
J. The City proposes that the School Site drainage be collected in the Basins then discharged therefrom to District’s Drain 8; and
K. The District and the City agree that a temporary pipeline extending east from the Basins at the northerly quadrant of McKinley Avenue and W. Atherton Drive to Drain 8 would be the most readily available option for the City to discharge City and School Site stormwater from the Basins; and
L. The following terms and conditions shall pertain only to the described southwest portion of the City described, and shall only remain in effect for the term set forth in this Agreement and shall not amend or otherwise alter the express terms of the Storm Drainage Agreement.
AGREEMENT
1. DEFINITIONS
a) “Storm Drainage Agreement” means collectively, the “South San Joaquin Irrigation District City of Manteca Storm Drainage Agreement” dated February 14, 2006, and “Amendment No. One to Storm Drainage Agreement Between South San Joaquin Irrigation District and City of Manteca” dated September 26, 2016. b) “Drain 8” means the District’s drainage facility known as Drain 8, including all appurtenant structures. Drain 8 consists of a rubber-gasketed reinforced concrete pipe system varying in size from forty-eight inches (48”) to sixty-six inches (66”) in diameter and terminating at the confluence with Drain 7 and the upstream end of the FCOC in southwest Manteca.
c) “Ongoing” means the annual discharge allowance for the School Site that extends ATTACHMENT 3
beyond the City’s short-term, emergency basis until the City’s Zone 39 South Drain trunk line and outfall are operational and available to serve the school site.
2. AUTHORIZATION
a) SSJID grants to the City, a revocable license for the temporary emergency stormwater discharge from the City’s existing retention basins located at McKinley Avenue and W. Atherton Drive (“City License”).
b) SSJID also grants to the City, a revocable license for the ongoing discharge of stormwater from MUSD’s School Site until such time that the City’s Zone 39 South Drain trunk line and outfall are operational and available to serve the School Site (“School Site License”).
c) The above-described points of discharge shall connect to the District’s Drain 8 through means of a temporary connection and pipeline. A schematic of the pump location, pipeline alignment, and connection point are shown on Exhibit “A.” The City shall not alter or deviate from the approved schematic without written authorization from the District.
d) The watershed from which the stormwater originates is depicted on Exhibit “B,” and nothing herein grants the City the right to drain water from any other lands or facilities without prior written authorization from the District. e) Nothing herein grants the City a permanent right to discharge stormwater from the Basins to Drain 8 or any other District facility, except for the flows from the School Site which are authorized for ongoing discharge until the City’s Zone 39 outfall is operational.
f) Authorization for stormwater discharge under this Agreement shall be subject to the general terms of the Storm Drainage Agreement, and additional terms and conditions set forth in this Agreement. This Agreement does not modify District boundaries, responsibilities, water rights, or the existing Storm Drainage Agreement between the Parties.
3. IMPROVEMENT REQUIREMENTS
The City shall provide the District, prior to any connection to Drain 8, plans and supporting documentation sufficient for District review and approval, and shall include, at a minimum, the following:
a) A City-owned flow meter, installed at the City’s discharge connection to Drain 8, capable of displaying instantaneous flow rate and totalizeddischarge volume; b) An isolation valve outfitted with an SSJID lock;
c) The pumping location and proposed discharge flow rate; d) Pipeline alignment, diameter, length, and material;
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e) The proposed improvement plans including construction details; f) The pump system watershed and associated stormwater collection and conveyance system.
4. DISCHARGE CONDITIONS
a) General Discharge Requirements. All stormwater discharged to District Facilities pursuant to this Agreement shall be discharged through the City’s connection to Drain 8 and shall be automatically controlled through the City’s SCADA/telemetry system in accordance with the Storm Drainage Agreement. Discharge shall only occur when sufficient capacity is available within District conveyance facilities to safely receive the discharge without causing canals to be overfilled or pipelines to be pressurized beyond safe limits. Stormwater that cannot be safely discharged shall be retained until sufficient capacity becomes available.
A flow meter capable of displaying instantaneous flow rate and totalized discharge volume shall be owned, operated, maintained, repaired, calibrated, and replaced as necessary by the City at the City’s discharge connection to Drain 8. Meter data shall be used to document compliance with the applicable discharge limitation and annual reporting requirements of Section 7.
The City shall be responsible for the operation, maintenance, repair and reliable performance of the pump, SCADA/Telemetry system, controls, flow meter, and associated City facilities necessary to comply with the requirements of this Agreement.
b) City and School Site Discharge Authorization in Effect. During any period in which both the City’s temporary emergency discharge authorization and the School Site ongoing discharge authorization are in effect, stormwater originating from the authorized City watershed and the School Site may be conveyed, stored, managed, and discharged collectively through the City’s stormwater system. The City and MUSD shall not be required to separately meter or attribute individual discharge volumes based upon the specific source of stormwater within the authorized watershed. All discharges shall remain subject to available capacity within District Facilities and all other requirements of this Agreement. c) School Site License Discharges Following Termination of City License.
Following termination of the City License, whether by expiration of term, voluntary termination, or revocation, an annual discharge volume of 16 acre feet shall remain authorized through the City’s connection to Drain 8 for the sole purpose of providing ongoing stormwater drainage capacity for the School Site under the School Site License until the City’s Zone 39 South Drain conveyance and outfall facilities are operational and available to serve the School Site.
Compliance with the annual discharge volume limitation shall be determined based ATTACHMENT 3
upon the total volume discharged through the City’s connection to Drain 8 during each July 1 through June 30 reporting period. The District shall not be responsible for determining or verifying the specific source of stormwater discharged through the connection.
The City and MUSD may manage, allocate, store, or utilize the authorized discharge capacity among themselves as they determine appropriate, provided that the total annual discharge volume and maximum discharge rate authorized under this subsection are not exceeded and all other requirements of this Agreement are satisfied. Any agreement, allocation, or accounting between the City and MUSD regarding use of the authorized discharge capacity shall be solely their responsibility and shall not create any additional obligation or responsibility of the District.
Nothing in this subsection shall be construed to reinstate or extend the City’s temporary emergency discharge authorization after its expiration or termination, nor shall use of the authorized School Site discharge capacity increase the total discharge volume or rate otherwise authorized under this subsection. d) Operational Failures. The City shall promptly correct any malfunction or failure of the pump, SCADA/telemetry system, controls, flow meter, or associated facilities that could result in an unauthorized or uncontrolled discharge to District Facilities. Any such failure shall be reported to the District in accordance with Section 7 of this Agreement.
e) Regulatory Compliance. The City shall be solely responsible for its compliance with all applicable local, state, and federal stormwater permitting requirements in association with discharges of stormwater pursuant to this Agreement.
5. TERM, EXTENSION, REVOCATION, AND TERMINATION
a) License for City’s Temporary, Emergency Stormwater Discharge (“City License”)
(i) The City License shall commence on the Effective Date of this Agreement, and shall automatically terminate on August 1, 2027, unless terminated earlier, extended, or revoked as set forth herein.
(ii) The City License may be extended by the SSJID General Manager upon written request by the City. Any such extension shall not extend beyond August 1, 2029.
Approval of an extension is at the discretion of the SSJID General Manager, and is conditioned upon the following: City’s compliance with all of the terms of this Agreement, including those relating to the City’s obligations with respect to the revocable School Site License; City’s reasonable progress toward completion and District-City joint approval of the FCOC Master Plan; development, adoption, ATTACHMENT 3
and implementation of the associated FCOC Improvements Implementation and Funding Program; implementation of the recommended FCOC improvements; and reasonable advancement of the City’s Zone 39 South Drain conveyance and outfall facilities.
(iii) Should City request extension of the City License, it shall do so in writing no later than July 15 of each year for which an extension is requested. The City’s request shall include the following:
(1) A status report regarding the City’s progress in the completion and approval of the FCOC Master Plan and the development, adoption and implementation of the associated FCOC Improvements Implementation and Funding Program, including progress made during the preceding year and anticipated activities for the upcoming year; and
(2) Completion of the annual report, as required by Section 7 of this Agreement. (iv) City may terminate the City License upon thirty (30) days’ notice to District. (v) SSJID may revoke the City License for cause in the event of City’s breach of one or more terms of this Agreement. Prior to revocation, SSJID shall provide City written notice of the breach, and City shall have thirty (30) days to cure said breach. Should City fail to cure the breach within the thirty (30) days, SSJID shall revoke the City License and City’s rights thereunder shall immediately terminate.
b) School Site License
(i) The School Site License shall commence on the Effective Date of this Agreement, and shall remain in effect until such time as City’s Zone 39 conveyance and outfall facilities become operational and are able to receive runoff from the School Site.
(ii) SSJID may revoke the School Site License for cause in the event of City’s breach of one or more terms of this Agreement. Prior to revocation, SSJID shall provide City written notice of the breach, with a courtesy copy to MUSD, and City shall have thirty (30) days to cure said breach. Should City fail to cure the breach within the thirty (30) days, SSJID shall revoke the School Site License and City’s rights thereunder shall immediately terminate.
ATTACHMENT 3
c) City Removal of Drain 8 Connection and Restoration of District Property and Facilities
Within thirty (30) days of the termination or revocation of the City License or the School Site License, whichever occurs last, the City shall, at its sole expense, disconnect and remove the City’s connection to Drain 8, including all associated pipelines and appurtenant facilities, and shall restore the affected District facilities and property to a condition acceptable to the District, as determined by the Engineering Department Manager.
6. CONSIDERATION AND PAYMENT OF COSTS
In recognition that the areas authorized to discharge to the District’s facilities through this Agreement are outside of the District’s service territory, the City shall pay the District an Out-of-District service fee and a Routine Maintenance fee, as required in the Storm Drainage Agreement.
The initial annual fees due under this Agreement shall be paid within thirty (30) days following the Effective Date. Thereafter, the City shall pay the applicable annual fees to the District no later than August 31 of each year.
The annual Out-of-District service fee shall be calculated as 1/50th of the District’s then current annexation charge, assessed on the total out-of-district acreage authorized pursuant to this Agreement during the applicable year.
South San Joaquin Irrigation District annexation charge ÷ 50 × authorized out-ofDistrict acreage The Routine Maintenance fee shall be calculated as 4.5% of the City of Manteca’s portion of the 1% ad valorum property tax, prorated for the total out-of-District acreage authorized to discharge pursuant to this Agreement during the applicable year.
City of Manteca’s portion of the 1% Ad Valorum Property Tax Revenue ÷ City of Manteca Area (acres) × 4.5% (SSJID Routine Maintenance Assessment) × authorized out-of-District acreage
7. REPORTING
a) Annual Reporting. City shall submit an annual report to the District by August 1 of each year. The annual report shall include the following items for the preceding July 1 through June 30 reporting period:
(i) Dates of all Discharges
(ii) Total volume discharged through the City’s connection to Drain 8 (iii) Peak discharge rate
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(iv) Any significant operational issues
i. The City shall not be required to separately identify or allocate volumes discharged under the City License and the School Site License.
Compliance with applicable annual discharge volume limitations shall be determined based upon the total volume discharged through the City’s connection to Drain 8 during the applicable reporting period. b) Event-Based Reporting. Any SCADA/control failures, unauthorized discharges, or other significant operational incidents shall be reported within forty-eight (48) hours of the occurrence of the incident.
8. NOTICES
a) Notices pursuant to this Agreement shall be provided as follows:
To SSJID
Forrest Killingsworth, Engineering Department Manager
([email protected])
To City of Manteca
Michael Selling, City Engineer ([email protected])
b) For operational communications related to this Agreement:
SSJID:
The Emergency On-Call number for SSJID is (209)249-4632.
Forrest Killingsworth, Engineering Department Manager
([email protected])
Joe Hasten, Irrigation Services Supervisor ([email protected]) Shawn Ussery, Facilities Inspector ([email protected]) City:
The Emergency On-Call number for City Collections is (209) 639-4892 (Storm Drain Pump Stations and Pipeline Issues).
If the Collections phone isn’t answered, additional contact numbers are:
Collections Supervisor, Derek Perry, (209) 678-8218
Wastewater Operations Manager, Dustin Valiquette, (209) 217-6450 Director of Utilities, George Montross, (209) 456-7389
9. INDEMNIFICATION
City agrees to indemnify, release and hold the District harmless from claims, demands, ATTACHMENT 3
obligations, liabilities, lawsuits, administrative proceedings, or any other actions arising out of discharges under this Agreement to District’s Drain 8, the permission granted to City in this Agreement or its performance, nonperformance or negligent performance of its obligations in this Agreement, including, but not limited to, damage to persons, damage to property, including private property or to District facilities or other public property, inverse condemnation, or negligent or non-compliance with the Clean Water Act, Porter Cologne Water Quality Control Act or any other Water Quality Rule, or court decision.
Such indemnity shall include all fines and penalties and the reasonable costs and expenses, including court costs and reasonable attorneys’ fees, of District and its officers, directors, employees, agents and attorneys. The provisions of this paragraph will survive the termination of this Agreement.
10. MISCELLANEOUS
a) Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the parties with respect to the temporary emergency and ongoing stormwater discharges authorized herein. All prior written and oral communications, including correspondence, drafts, memoranda, and representations relating specifically to the negotiation of this Agreement, are superseded in their entirety by this Agreement. Nothing in this Section, or this Agreement, shall supersede, replace, or otherwise modify the Storm Drainage Agreement.
b) Amendments. This Agreement may be amended only by a written document executed by both the Parties and approved as to form by the Parties’ respective Attorneys.
c) Assignment. Neither Party may assign rights or obligations under thisAgreement without prior written consent of the other Party.
d) Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. e) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin. f) Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’fees. g) Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation.
The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest.
JAMS shall provide the parties with the names of five qualified mediators. Each ATTACHMENT 3
party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. h) Execution. This Agreement may be executed in several counterparts, eachof which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties. i) Signatures. Signatures for execution of this Agreement may be made electronically and in counterpart.
TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: SOUTH SAN JOAQUIN
IRRIGATION DISTRICT
Gary Singh, Mayor Glenn Spyksma, Board President
Toni Lundgren, City Manager Peter M. Rietkerk, General Manager ATTEST:
Cassandra Candini-Tilton
Director of Legislative Services
APPROVED AS TO FORM: APPROVED AS TO FORM:
Kousha Mckeenejad, Deputy City Attorney Mia S. Brown, GeneralCounsel ATTACHMENT 3
EXHIBIT A
INTERIM RETENTION BASIN
CITY STORM DRAIN
DETENTION BASIN
EXISTING CITY STORM DRAIN
FORCE MAIN TO SSJID DRAIN 8
TEMPORARY PUMPING
EQUIPMENT AND INTAKE FROM
THE INTERIM RETENTION BASIN
PROPOSED ±1,791 LF OF 12” PVC OUTFALL
LINE TO EXISTING CITY STORM DRAIN
SYSTEM. 2’ MINIMUM DEPTH OF COVER.
CONNECT AND DISCHARGE
INTO EXISTING CITY STORM
DRAIN FORCE MAIN
EXISTING SSJID DRAIN 8
EXISTING 18”
OUTFALL TO SSJID
EXISTING STORM DRAIN PUMP STATION WITH SCADA CONTROL
TARA PARK SCHOOL SITE
PROPOSED TARA PARK
SCHOOL SITE DISCHARGE
PIPE
PROPOSED DETENTION BASIN
EXPANSION TO ACCOMMODATE THE TARA PARK SCHOOL SITE FLOWS W. Woodward Avenue
PROPOSED TARA PARK
SCHOOL SITE FLOWMETER
EXISTING STORM DRAIN
FORCE MAIN FROM THE
STORM DRAIN BASIN
EXISTING STORM DRAIN
FORCE MAIN FROM THE
PROPOSED TARA PARK
:HARGE
EMPORARYPU
UIPMENTAN
.,,....·-·-·- ·- ·-·-·-· CONNECT AND DISCHARGE
EXISTING CITY STORM
IN
EXISTING l,;ITY ::STORM URAl l'J;- ,.
FORC 113~=
State Route 120
18 ATTACHMENT
3 STORMWATER
DETENTION
BASIN
EXHIBIT B
STORMWATER WATERSHED
INTERIM RETENTION
BASIN
TARA PARK
SCHOOL SITE
±16 ACRES
DENALI
SUBDIVISION
±71 ACRES
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ATTACHMENT 3