FOR THE COUNCIL MEETING OF JUNE 7, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Utilities
SUBJECT: PURCHASE AGREEMENT WITH THE CENTRAL COAST WATER
AUTHORITY FOR WATER FROM MOJAVE WATER AGENCY
RECOMMENDATION:
That the City Council adopt a Resolution approving a Purchase Agreement with the Central Coast Water Authority ("CCWA") underthe 2022 Supplemental Water Purchase Agreement Program for the purchase of water from Mojave Water Agency.
BACKGROUND:
The Central Coast Water Authority is a public entity organized undera joint exercise of powers agreement dated August 1, 1991, by the cities and special districts responsible forthe creation and maintenance of water resources in portions of Santa Barbara County.
The CCWA owns and operates a water treatment plant and pipeline that delivers water from the State Water Project ("SWP") to project participants in Santa Barbara and San Luis Obispo Counties, including the City of Santa Maria ("City"). The CCWA is the primary representative for Santa Barbara County in matters relating to the SWP.
In 1997, the City began receiving imported SWP water. Since then , the City has imported more than 210,000 acre-feet ("AF") of SWP water, annually delivering between 12,000 AF and 14,000 AF of blended water (SWP water and groundwater) to Santa Maria residents. The City has historically used SWP water to provide a blend of higher"quality' water to residents and businesses throughout the year, as SWP is softer than typical groundwater. Importantly, SWP water is also used to augment local supplies to meet peak -day demands during the longer, warmer days of summer.
The approved budgetfor the Utilities Department includes a line item for "Dry Year Water Purchases."This funding is used should the need arise forthe City to purchase additional water during dry years, or years of low SWP water allocation. The State of California Department of Water Resources ("DWR") has issued an extremely low allocation of SWP water deliveries for 2022 (currently five percent).
CCWA established a "2022 Supplemental Water Purchase Program" to identify, secure, and deliver supplemental water supplies to project participants when SWP supplies are reduced due to dry conditions. Supplemental water supplies are delivered through the SWP and CCWA facilities. The program requires each participant to state its purchase intent. Consistent with the intent of the approved budgetfor "Dry Year Water Purchases,"
the City entered a participation agreement with CCWA for the 2022 Supplemental Water Purchase Program and identified a goal of attaining 1,300 AF of supplemental water.
In the Supplemental Water Purchase Program Agreement, each agency is required to carry the costs associated with the administration of the program at the percentage of their declared intent to purchase water. Once CCWA identifies an opportunity, the City can choose whether to enter into the purchase portion of the agreement.
On April 5, 2022, the City Council adopted Resolution No. 2022-29 authorizing the execution of a Water Purchase Agreement with CCWA to procure water from the Casitas Municipal Water District. The City was able to secure 61 AF in that agreement. Since that agreement met only a small portion of the City's goal of attaining an additional 1,300 AF, staff pu rsued additional su pplemental water opportunRies through the 2022 Su pplemental Water Purchase Program with CCWA.
DISCUSSION:
CCWA has developed an opportunity to secure additional water supplies with Mojave Water Agency ("MWA"). CCWA and MWA have come to terms regarding the sale of MWA water to CCWA (Attachment "A"). MWA is willing to sell water at a cost of $2,000 per AF.
Due to limited availability based on the five percent allocation for SWP water, MWA has just 1,500 AF available for sale. Consistent with the terms of the 2022 Supplemental Water Purchase Program, the City is eligible to purchase 500 AF. This number may increase slightly if other CCWA participants choose notto enter the purchase agreement.
The purchase agreement was authorized by CCWA at its regularly scheduled meeting on May 26, 2022. In order to purchase the water, the City must execute the agreement and submit it along with payment to CCWA. Once approved and signed, the item will be submitted to DWRforapproval.
Since this agreement will meet only a portion of the City's goal of attaining an additional 1,300 AF, staff will continue to pursue supplemental water through the 2022 Supplemental Water Purchase Program with CCWA. Should additional opportunities for supplemental water become available, staff will return to City Council for authorization b enter a water purchase agreement. In addition, staff continues to identify and develop projects that provide additional resiliency for local groundwater supplies.
Altematives
The City can elect not to enter into the water purchase agreement with CCWA. However, the City has an identified need for additional water this year and there are very limited opportunities for water given the current drought and SWP allocation of five percent.
Fiscal Considerations
Water Resources Fund 002 line item "Dry Year Water Purchases" has $403,000 budgeted this fiscal year. However, $49,000 was previously spent for the Casitas Mutual Water District purchase agreement. Staff is requesting the City Council appropriate 2 adequate additional funds to meet the term of this agreement. The purchase price is estimated at $1,000,000 plus administration fees.
Impact to the City
The supplemental water will be used to augment local supplies to meet peak -day demands.
Impact to the Community
The City's ability to provide high -quality water is essential to the operation of the City.
Execution of this agreement is a continuation of the City's effort to accomplish this essential operation.
SHAD S. SPRINGER, P.E.
Director of Utilities
Attachment "A": CCWA Purchase Agreement — Mojave Water Agency 3 2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
CENTRAL COAST WATER AUTHORITY
2022 SUPPLEMENTAL WATER PURCHASE PROGRAM
PURCHASE AGREEMENT
re. MOJAVE WATER AGENCY
This Supplemental Water Purchase Program Purchase Agreement ("Agreement") is made as of 2022 by
CENTRAL COAST WATER AUTHORITY ("CCWA")
and
each signatory to this Agreement (each a "Contractor," and if more than one, "Contractors"). CCWA and Contractor are each a "Party" and together are the "Parties."
RECITALS
A. Pursuant to the Transfer of Financial Responsibility Agreement, the Santa Barbara County Flood Control and Water Conservation District ("SBCFCWCD") transferred to CCWA, and CCWA accepted and assumed, all rights and obligations to the State Water Supply Contract between SBCFCWCD and the Department of Water Resources ("DWR") that provides for the delivery of water from California's State Water Project to portions of Santa Barbara County.
B. Additionally, CCWA owns, operates and maintains water conveyance, storage and treatment facilities to deliver water made available to CCWA pursuant to the State Water Supply Contract to cities, water districts and other water purveyors and users in portions of Santa Barbara County pursuant to one or more water supply agreements (collectively, the "CCWA Participants").
C. CCWA and Contractor are parties to a water supply agreement ("Water Supply Agreement"), as amended from time to time, related to the matters described in Recitals A and B.
D. Due to persistent drought conditions, it is anticipated that the State Water Project will be unable to deliver to CCWA the quantity of water needed by CCWA for delivery to the CCWA Participants. Accordingly, CCWA implemented the 2022 Supplemental Water Purchase Program.
E. CCWA and Contractor entered into a 2022 Supplemental Water Purchase Program Participation Agreement ("Participation Agreement"). Pursuant to Contractor's Participation Agreement, CCWA has identified an opportunity to purchase a source of supply from Mojave Water Agency ("Seller") to supplement the supply provided for in Contractor's Water Supply Agreement ("Supplemental Water") on behalf of Contractor and Contractor has determined to participate in the purchase of Supplemental Water from Seller and has submitted to CCWA a Statement of Intent (as that term is defined in the Participation Agreement) related thereto. All
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ATTACHMENT "A"
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
references to the "purchase" of water herein include both transfers of water and exchanges of water.
F. The Parties anticipate that numerous approvals will be required to effectuate CCWA's acquisition of Supplemental Water from Seller and delivery to Contractor (the "Transfer/Exchange"), including DWR's approval of the Transfer/Exchange in the form of a contract ("DWR Approval Agreement"). The Parties also anticipate that the DWR Approval Agreement will require that SBCFCWCD, as party to the State Water Contract, execute the DWR Approval Agreement on behalf of CCWA and further, that as a condition precedent to executing the DWR Approval Agreement, SBCFCWCD will require that CCWA enter into an SBCFCWCD Agreement, as this term is defined in Paragraph 4.3 of this Agreement, to indemnify and release the SBCFCWCD from any liabilities arising from or related to the Transfer/Exchange.
G. The Parties desire to enter into this Agreement to set forth the rights, responsibilities and obligations of the Parties as it relates to the proposed Transfer/Exchange.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual representations, warranties, covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follow:
AGREEMENT
1. Purpose and Intent. The purpose of this Agreement is to provide for CCWA's acquisition and delivery of Supplemental Water from Seller on behalf of Contractor in exchange for Contractor's payment of its pro -rata share of CCWA's Total Expenses, as that term is defined in Paragraph 5.3, and assumption of all liability related to or arising under this Agreement or the Transfer/Exchange, should CCWA's Board of Directors approve the Transfer/Exchange. It is the intention of the Parties that neither CCWA, nor any CCWA Participant that is not a Party to this Agreement shall incur any expense or liability related to or arising under this Agreement or the related Transfer/Exchange.
2. Compliance with all Laws. The Parties' respective obligations pursuant to this Agreement are contingent upon compliance with all applicable laws and legal requirements associated with the Transfer/Exchange, including but not limited to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.) ("CEQA"), and securing any required consents, approvals, permits or orders necessary to effectuate the Transfer/Exchange. Contractor acknowledges that CCWA retains sole and absolute discretion with respect to whether to approve or not approve the Transfer/Exchange. CCWA is not restricted from considering any feasible mitigation measures and alternatives, including not approving the Transfer/Exchange.
3. Acquisition, Delivery, Acceptance and Assumption
3.1 CCWA agrees to acquire and deliver to Contractor, and Contractor agrees to purchase and accept delivery of, Supplemental Water to be provided to CCWA by Seller pursuant to, and subject to the terms and conditions of (a) the proposed agreement between CCWA and Seller ("Transfer/Exchange Agreement"), a copy of which is attached hereto as Exhibit A, and (b) the DWR Approval Agreement. The quantity of Supplemental Water being purchased by
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CCWA for Contractor ("Purchase Amount") shall be as stated in the table attached hereto as Exhibit B and incorporated herein.
4. Procedure and Conditions
4.1 CCWA Consideration of Transfer/Exchange. CCWA's Board of Directors will hold a regular meeting to consider whether to approve or deny the Transfer/Exchange Agreement by adopting a resolution or other appropriate document in compliance with the State Water Contract and all applicable laws and authorizing the CCWA Executive Director to execute all agreements necessary to effectuate the Transfer/Exchange, as further provided in this Paragraph
4. 4.2 Conditions of Approval. CCWA's Board of Directors' consideration of the Transfer/Exchange Agreement is expressly conditioned upon, and subject to, all of the following:
4.2.1 CCWA, acting in its sole and absolute discretion, shall comply with CEQA and all other applicable laws.
4.2.2 Contractor shall have delivered the deposit and all other payments due to CCWA pursuant to this Agreement and shall not be in default of this Agreement or Contractor's Participation Agreement.
4.2.3 Contractor shall have certified by resolution or other appropriate document all of the matters set forth in this Paragraph 4.2.3 and delivered said certification to CCWA. a. Contractor has complied with all applicable laws, including as b. Contractor has provided any required notices to public agencies and the public.
c. Contractor is informed and believes that the Transfer/Exchange will not harm other CCWA Participants or State Water Contractors. d. Contractor is informed and believes that the Transfer/Exchange will not adversely impact CCWA or State Water Project operations. applicable, CEQA.
e. Contractor is informed and believes that the Transfer/Exchange will not affect its ability to make all payments, including payments when due under the Water Supply Agreement and this Agreement.
f. Contractor has considered the potential impacts of the Transfer/Exchange within its service area.
4.1 CCWA Execution of Transfer/Exchange Agreement. In the event CCWA's Board of Directors approves the Transfer/Exchange, CCWA's Executive Director will endeavor to timely execute the Transfer/Exchange Agreement and deliver it to Seller and request DWR's approval of the Transfer/Exchange.
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4.2 CCWA Review of DWR Approval Agreement. Upon receipt of the proposed DWR Approval Agreement for the Transfer/Exchange, CCWA's Executive Director will endeavor to timely review the DWR Approval Agreement, and, if consistent with the terms and conditions of the Transfer/Exchange as set forth in the Transfer/Exchange Agreement, CCWA will endeavor to timely notify DWR, Seller and SBCFCWCD of CCWA's approval of the DWR Approval Agreement
4.3 SBCFCWCD Agreement As may be required to obtain the SBCFCWCD's execution of the DWR Approval Agreement, Contractor requests that CCWA execute an Assignment, Assumption and Indemnification Agreement in the form attached hereto as Exhibit C ("SBCFCWCD Agreement"). Upon CCWA's execution of the SBCFCWCD Agreement, as provided in this Paragraph 4.3, Contractor agrees to and shall be bound to CCWA under the terms of the SBCFCWCD Agreement, just as CCWA is bound to SBCFCWCD by the terms of the SBCFCWCD Agreement. Contractor also shall be bound to CCWA under the terms of any other commitments by CCWA in connection with the Transfer/Exchange, just as CCWA is bound under said commitments.
4.3.2 Provided that Contractor has satisfied all obligations and conditions precedent set forth in this Agreement, and further provided that CCWA's Board of Directors has approved the Transfer/Exchange and CCWA's Executive Director has determined that the DWR Approval Agreement is consistent with the Transfer/Exchange Agreement, CCWA's Executive Director will endeavor to timely execute and deliver the SBCFCWCD Agreement to SBCFCWCD and request SBCFCWCD' s execution of the DWR Approval Agreement on behalf of CCWA.
4.4 Delivery. In the event DWR approves the Transfer/Exchange pursuant to the terms and conditions of the State Water Contract and all contracting parties to the DWR Approval Agreement execute the DWR Approval Agreement, CCWA shall coordinate with DWR and arrange for delivery of the Supplemental Water to Contractor pursuant to the terms and conditions of the DWR Approval Agreement and Contractor's Water Supply Agreement. In the event of a conflict between this Agreement and the Water Supply Agreement, the terms and conditions of this Agreement shall prevail.
4.5 Failure of Conditions. In the event any of the conditions precedent in this Agreement are not satisfied by Contractor, or DWR approval is not obtained, or all contracting parties to the DWR Approval Agreement fail to execute the DWR Approval Agreement, CCWA may terminate this Agreement as provided in Paragraph 11.2.
5. Allocation of Costs; Deposit; Contractor Payment
5.1 Contractor shall pay to CCWA Contractor's pro -rata share of CCWA's Total Expenses (as defined in Paragraph 5.3), which pro -rata share shall be equal to Contractor's Purchase Amount divided by the sum of such quantities for all Contractors, as stated in Exhibit B.
5.2 In the event there is more than one Contractor, for Total Expenses arising from services that are of benefit to only one Contractor, that Contractor shall pay for the Total Expenses related to said services.
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5.3 "Total Expenses" shall include (i) all payments made by CCWA to Seller pursuant to the Transfer/Exchange Agreement ("Transfer/Exchange Agreement Expenses"), and (ii) all out-of-pocket expenditures made by CCWA pursuant to this Agreement ("CCWA Administrative Expenses"). CCWA Administrative Expenses shall include, but not be limited to, consultant and legal expenses, any expenses associated with CCWA's compliance with CEQA, any expenses associated with securing any required approvals, any expenses incurred by CCWA in defense of this Agreement, and any other costs related to or arising under this Agreement.
5.4 Deposit. Prior to execution of this Agreement, CCWA prepared and delivered to Contractor an estimate of the Contractor's anticipated financial obligations hereunder with respect to the Transfer/Exchange. Concurrently with execution of this Agreement, Contractor shall place on deposit with CCWA the amount stated in the estimate.
5.5 Invoices and Payments. In the event CCWA reasonably determines that the deposit paid by Contractor to CCWA pursuant to Paragraph 5.4 will be insufficient to cover Contractor's financial obligations hereunder, CCWA is authorized to deliver to the Contractor a revised estimate of those financial obligations and an invoice for an additional deposit. Contractor shall remit the amount stated in the invoice within thirty (30) days of receipt.
5.6 Reconciliation. Upon termination of this Agreement, CCWA shall provide to Contractor an accounting of the actual amounts Contractor is obligated to pay hereunder. Any overpayment by Contractor shall be promptly refunded by CCWA and any underpayment by Contractor shall be promptly paid to CCWA. For clarity, in the event that the DWR Approval Agreement is not executed and therefore that the Transfer/Exchange does not occur, CCWA shall only be obligated to refund Contractor's deposit of its Transfer/Exchange Agreement Expenses.
CCWA shall not be obligated to refund Contract's pro -rata share of incurred CCWA Administrative Expenses.
6. Cooperation; Contractor's Representative; Coordination Among Purchase Contractors
6.1 Cooperation. Contractor acknowledges that CCWA's ability to purchase and deliver Supplemental Water to Contractor, as provided in this Agreement, requires Contractor's cooperation. Contractor shall reasonably cooperate with CCWA, at CCWA's request, in all ways as may be necessary to carry out the terms and conditions of this Agreement.
6.2 Contractor's Representative. Upon Contractor's execution of this Agreement, Contractor shall provide to CCWA a written designation of representative, in a form approved by CCWA, identifying Contractor's authorized representative with full authority to grant, provide and enter into, by and on behalf of Contractor, any and all consents, approvals, instructions, authorizations or agreements by Contractor in connection with this Agreement (collectively, "Contractor Directions"). CCWA shall be entitled to rely upon, without inquiry, the full authority of Contractor's designated representative. Without limiting the foregoing, Contractor's representative shall be solely responsible for requesting and obtaining in advance any special or further authorizations on behalf of Contractor that may be necessary in connection with any Contractor Direction given to CCWA hereunder and CCWA may assume, without further inquiry, that all such authorizations have been obtained. Contractor may designate a different individual as
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its representative in connection with this Agreement at any time by providing written notice to CCWA pursuant to this Paragraph.
6.3 Coordination Among Contractors. If there is more than one Contractor, a committee shall be created with each Contractor's designated representative designated in Paragraph 6.2 (the "Committee"). The Committee shall be authorized to advise CCWA with respect to CCWA's duties under this Agreement, and to perform such other functions as the Contractors shall deem appropriate. Each member of the Committee shall have a weighted vote corresponding to each Contractor's Purchase Amount. A quorum shall consist of those members of the Committee holding at least 50% of the voting percentages. Committee decisions shall be made by the following vote:
6.3.1 If the Committee has two members, a majority of the voting percentages shall be necessary to adopt a motion.
6.3.2 If the Committee has three or more members, sixty percent (60%) of the voting percentages, plus the affirmative vote of at least two members, shall be necessary to adopt a motion.
7. Obligation in the Event of Default
7.1 Written Demand Upon Failure to Make Payment or Perform Obligation. Upon Contractor's failure to make any payment in full when due under this Agreement or to perform any other obligation hereunder, CCWA shall make written demand upon Contractor, and if such failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default. CCWA shall also provide a copy of the notice of such demand to any other Contractors. Upon failure of CCWA to perform any obligation of CCWA hereunder, Contractor shall make written demand upon CCWA, and if said failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default. Contractor shall also provide a copy of the notice of such demand to any other Contractors.
7.2 Failure to Make Payment. Upon Contractor's failure to make any payment, which failure constitutes a default under this Agreement or any other agreement related to this Agreement to which CCWA is a party, CCWA may terminate this Agreement as to such defaulting Contractor as provided in Paragraph 11.2.
7.3 Increase in Non -defaulting Contractor Costs. Upon the failure of any Contractor to make any payment under this Agreement, the pro -rata share of each non -defaulting Contractor shall be automatically increased (pro rata with the other non -defaulting Contractors) for the remaining term of this Agreement. Contractor acknowledges and agrees that Contractor's pro rata share of Total Expenses may increase as a result of a default by another Contractor.
7.4 Right of Recovery from Defaulting Contractor. If a Contractor shall fail or refuse to pay any amounts due to CCWA under this Agreement, the non -defaulting Contractors' increased obligations to make such payments shall not relieve the defaulting Contractor of its liability for such payments. Each non -defaulting Contractor shall have a right of recovery from the defaulting Contractor to the extent of such non -defaulting Contractor's respective increase in obligation caused by the defaulting Contractor. Any amounts received by CCWA from the defaulting
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Contractor for costs that were previously paid by a non -defaulting Contractor pursuant to Paragraph 7.3, shall be reimbursed by CCWA to the non -defaulting Contractors.
7.5 Transfer of Defaulting Contractor's Account. Upon the failure of any Contractor to make any payment which failure constitutes an uncured default under this Agreement, CCWA shall use its best efforts to transfer all or a portion of the Supplemental Water to which the defaulting Contractor is entitled for all or a portion of the remainder of the term of this Agreement to the non -defaulting Contractors on a pro rata basis. Notwithstanding that all or any portion of a defaulting Contractor's Supplemental Water is so transferred, any and all defaulting Contractors shall remain liable to CCWA and/or to any and all non -defaulting Contractors to pay the full amount of their costs in accordance with this Agreements as if such transfer has not been made.
S. Disclaimer of Liability
8.1 Contractor acknowledges and agrees that CCWA is in good faith facilitating the Transfer/Exchange on behalf of Contractor in exchange for Contractor's full reimbursement of Contractor's pro -rata share of CCWA's Total Expenses and full assumption of CCWA's liabilities related to or arising out of this Agreement and any related agreements pertaining to the Transfer/Exchange. As a result, it is the intent and agreement of the Contractor and CCWA that CCWA shall not incur any liability for such assistance to Contractor for any cause, except for CCWA's sole negligence, willful misconduct, or breach of contract.
8.2 To the maximum extent permitted by law, neither CCWA, nor any of its elected officials, officers, agents, employees, consultants, or attorneys, nor any of the CCWA Participants who are not also Parties to this Agreement, shall be liable to Contractor pursuant to this Agreement or otherwise for any claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses in the event any condition precedent to this Agreement is not satisfied, any approval required to permit the Transfer/Exchange is not obtained or is conditioned in any manner that is not acceptable to Contractor, or Supplemental Water is not delivered to CCWA, or CCWA is unable to deliver the Supplemental Water to Contractor for any reason, except for CCWA's sole negligence, willful misconduct, or breach of contract.
9. Indemnification and Defense
9.1 Indemnification. Contractor ("Indemnifying Party") agrees to indemnify, defend, protect and hold harmless CCWA and its officers, directors, employees, agents, consultants and attorneys and CCWA Participants who are not also Parties to this Agreement (each an "Indemnified Party" and collectively, the "Indemnified Parties") from and against any and all claims, actions, liabilities, damages, losses and expenses, including attorneys', paralegals', consultants', and experts' fees, costs and expenses, arising from or relating to this Agreement and any related agreements pertaining to the Transfer/Exchange, whether claims, actions, liabilities, damages, losses or expenses arise prior to or following termination or expiration of this Agreement, except to the extent any liability, loss, cost or expense is caused by the Indemnified Party's sole negligence, willful misconduct, or breach of contract.
9.2 Defense of Action. If requested by the Indemnified Party, the Indemnifying Party shall assume on behalf of the Indemnified Party, and conduct with due diligence and in good faith, the defense of such Indemnified Party with counsel reasonably satisfactory to the Indemnified
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Party; provided, however, that if the Indemnifying Party is a defendant in any such action and the Indemnified Party reasonably believes that there may be legal defenses available to it that are inconsistent with those available to the Indemnifying Party, the Indemnified Party shall have the right to select separate counsel to participate in its defense of such action at the Indemnifying Party's expense. If any claim, action, proceeding or investigation arises as to which the indemnity provided for in Paragraph 9.1 applies, and the Indemnifying Party fails to assume the defense of such claim, action, proceeding or investigation after having been requested to do so by the Indemnified Party, then the Indemnified Party may, at the Indemnifying Party's expense, contest or, with the prior written consent of the Indemnifying Party, which consent shall not be unreasonably withheld, settle such claim, action, proceeding or investigation. All costs and expenses incurred by the Indemnified Party in connection with any such contest or settlement shall be paid upon demand by the Indemnifying Party.
10. Remedies
10.1 If any of the Contractors to this Agreement does not timely perform its obligations set forth in this Agreement, CCWA shall be entitled to proceed to protect and enforce its rights as provided in this Agreement by such appropriate judicial proceedings as CCWA deems most effectual, either by suit in equity or by action at law, whether for the specific performance of any covenant or agreement contained herein or to enforce any other legal or equitable right vested by this Agreement or by law. The provisions of this Agreement and the duties of Contractor and of its elected officials, officers, agents, or employees shall be enforceable by CCWA by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction.
10.2 Contractor and CCWA agree that in the event of a default or breach of this Agreement, the other Party shall have all remedies in law or equity available to them, including specific performance and termination of this Agreement, and no remedy or election shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity.
11. Term; Termination
11.1 Except as otherwise provided in this Agreement, the term of this Agreement shall commence on the last date this Agreement is executed by all Parties ("Effective Date"), and shall continue until the termination of the DWR Approval Agreement, or until Contractor's final payment to CCWA of all costs attributable to this Agreement, whichever is later.
11.2 In the event any of the conditions required by this Agreement are not satisfied, CCWA may terminate Contractor's rights under this Agreement by providing notice of such termination to Contractor.
11.3 In the event Contractor fails to make any payment required by this Agreement, CCWA may terminate Contractor's rights under this Agreement by providing notice of such termination to Contractor and any other Contractors.
11.4 This Agreement may be terminated by CCWA at any time, provided all Purchase Contractors agree in writing thereto.
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11.5 Notwithstanding any provision in this Agreement to the contrary, the payment obligations of Contractor to CCWA under Paragraph 5 shall continue in full force and effect and the obligations set forth in Paragraphs 4.3, 7, 8, 9, and 10 shall survive in full force and effect until the expiration of the applicable statute of limitations, or any claim or litigation concerning this Agreement within the applicable statute of limitations is finally resolved, whichever occurs later.
12. General Provisions
12.1 Assignability. This Agreement shall not be assigned by Contractor without the prior written consent of CCWA, which consent shall not be unreasonably withheld. Any attempted assignment without the prior written approval of CCWA shall be void.
12.2 Attorneys' Fees. In any action to enforce or interpret this Agreement, the prevailing Party shall recover from the non -prevailing Party, in addition to any damages, injunctive or other relief, all costs (whether or not allowable as "cost" items by law) reasonably incurred by the prevailing Party at, before and after trial or on appeal, or in any bankruptcy proceeding, including attorneys' and witness (expert and otherwise) fees, deposition costs, copying charges and other expenses.
12.3 Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning. Any rule of contract interpretation to the effect that ambiguities or uncertainties are to be interpreted against the drafting party or the party who caused it to exist shall not be employed in the interpretation of this Agreement or any document executed in connection herewith, as each Party has participated in the drafting of this document and had the opportunity to have their legal counsel review it. The Recitals to this Agreement are incorporated herein and made a part hereof by this reference. The headings in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined.
Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The terms "person" and "party" include individuals, corporations, partnerships, trust, and other entities and associations. The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation."
12.4 Counterparts; Delivery by Email. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. The signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Any Party may deliver its signed counterpart of the Agreement to the other Party by email, and such delivery shall be deemed made and completed upon receipt of such email transmission by the other Party. Any Party delivering a signed counterpart by email agrees to promptly send the counterpart bearing its original signature to the other Party; provided that a delay or failure to do so shall not negate the effectiveness of the delivery made by the email transmission.
12.5 Due Authority. Each Party hereby represents and warrants that the individual(s) executing this Agreement are expressly authorized to do so on behalf of such Party and to bind that party to perform all acts required by this Agreement, and that the consent, approval, or
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execution of or by any additional person or party is not required to legally bind that party to the terms and conditions of this Agreement.
12.6 Entire Agreement; Modification. The making, execution and delivery of this Agreement have not been induced by any representations, statements, warranties or agreements other than those herein expressed. This Agreement constitutes the entire agreement and understanding of the Parties concerning the subject matter hereof. This Agreement supersedes all prior negotiations, agreements, representation and understandings of the Parties relating to the subject matter hereof, including Participation Agreements from prior years. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all Parties.
12.7 Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement.
12.8 Governing Law; Venue. This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California, without regard to principles of conflicts of laws. Venue for any disputes under this Agreement shall be in Santa Barbara County, California.
12.9 Legal Advice. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions of this Agreement.
12.10 No Agency. This Agreement shall not create, nor shall it be construed to create, any agency, partnership or similar relationship among the Parties.
12.11 Notices. All notices, approvals, acceptances, requests, demands and other communications required or pennitted under this Agreement, to be effective, shall be in writing and shall be delivered, either in person or by email or by Federal Express or other similar overnight delivery service, to the Party to whom the notice is directed at the address of such Party provided in the signature block of this Agreement. Any communication given by email shall be deemed delivered on such mailing date and any communication given by overnight service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its email and overnight service addresses by giving the other party written notice of its new addresses.
12.12 Severability. If any provision of this Agreement or its application to any Party or circumstance is held invalid or unenforceable, then the remainder of this Agreement and the affected provision to the extent it is not so held shall remain valid and enforceable and in full force and effect. The forgoing shall not apply, however, if the invalid or unenforceable provision in question or, as applicable, the portion or application thereof held invalid or unenforceable, is a fundamental and material provision of this Agreement.
12.13 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
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3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
12.14 Third Party Beneficiary: Enforcement. The Parties agree that this Agreement is for the benefit of (i) Contractor, (ii) CCWA, (iii) other Purchase Contractors, and (iv) all CCWA Participants, and all of the aforementioned entities and persons shall be entitled to enforce the provisions of this Agreement.
12.15 Time of the Essence. Except as otherwise provided in this Agreement, time is of the essence with respect to this Agreement and the performance of each and every obligation contained in this Agreement.
12.16 Time for Performance. Notwithstanding any provision of this Agreement to the contrary, in the event a Party fails to perform any obligation under this Agreement (other than an obligation to pay money) because of strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, government or judicial actions, inclement weather or other causes beyond its reasonable control, that failure will not constitute a default under this Agreement, and the performance in question will be excused during the period in which the cause for failure continues.
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24184216
3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
CENTRAL COAST WATER AUTHORITY
By: Date:
Name: Ray A. Stokes
Title: Executive Director
Approved as to form:
Brownstein Hyatt Farber Schreck
By:
Name: Stephanie Osier Hastings
Notices:
Central Coast Water Authority
255 Industrial Way
Buellton, CA 93427
Attn: Ray Stokes, Executive Director
Telephone: (805) 688-2292
Email: [email protected]
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24184216
3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
CITY OF SANTA MARIA
By:
Name: Shad Springer
Title: Director of Utilities
Approved as to form:
Tom Watson, City Attorney
By:
Title: City Attorney
Notices:
City of Santa Maria
2065 East Main Street
Santa Maria, CA 93454
Attn: Shad Springer, Director of Utilities
Telephone: (805) 925-0951, ext. 7211
Email: [email protected]
Date:
24184216
3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
CITY OF SANTA BARBARA
By:
Name: Joshua Haggmark
Title: Water Resources Manager
Approved as to form:
Daniel S. Hentschke, Assistant City Attorney
By:
Tide: Assistant City Attorney
Notices:
City of Santa Barbara
630 Garden Street
Santa Barbara, CA 93101
Attn: Joshua Haggmark, Water Resources Manager
Telephone: (805) 564-5393
Email: [email protected]
Date:
24184216
3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
rc. Mojave Water Agency
LA CUMBRE MUTUAL WATER COMPANY
By:
Name: Mike Alvarado
Title: General Manager
Approved as to form:
Griffith & Thomburgh
By:
Name: Donald Boden
Notices:
La Cumbre Mutual Water Company
695 Via Tranquila
Santa Barbara, CA 93110
Attn: Mike Alvarado, General Manager
Telephone: (805) 967-2376, ext. 115
Email: [email protected]
Date:
Exhibit A: Transfer/Exchange Agreement between CCWA and Seller Exhibit B: Contractor's Purchase Amount and Share of Total Expenses Exhibit C: Form of SBCFCWCD Agreement
24184216
3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
Exhibit A
Transfer/Exchange Agreement between CCWA and Seller
24184216
3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
Exhibit B
Contractor's Purchase Amount and Share of Total Expenses 2022 Mojave Water AgenyA44nrd Pordwse
based on
ddlvey
goal Statement of Intent Estimated 5/Ai
nefvery Goal IAFI %Allocation (AF) Water (Aft III $ 2.000 M Cumbra Mutual Water Co. 600 15% 500 131 $
City of Lora Marla 1,300 33% 1000 5%
Pry of Santa Barbara 2.000 51% 1000 769 $
461.538
1,538.462
3.900 100% 2500 1.5% 5 3/700.000
24184216
3/19/2022
2022 Supplemental Water Purchase Program
Purchase Agreement
re. Mojave Water Agency
Exhibit C
Form of SBCFCWCD Agreement
24184219
3/19/2022
Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
ASSIGNMENT, ASSUMPTION, INDEMNIFICATION AND RELEASE AGREEMENT Mojave Water Agency Transfer
THIS RELEASE, ASSUMPTION AND INDEMNIFICATION AGREEMENT (the "Agreement") made as of [DATE], 2022, by and between Santa Barbara County Flood Control and Water Conservation District (the "District") and the Central Coast Water Authority ("CCWA") (each, a "Party" and collectively, the "Parties"), with reference to the following facts and intentions.
RECITALS:
A. The District is party to a long-term water supply contract with the Department of Water Resources of the State of California ("DWR") ("Water Supply Contract") that provides for the delivery of water from the State Water Project ("SWP") to Santa Barbara County.
B. CCWA was formed by individual water providers located in the County of Santa Barbara pursuant to a joint exercise of powers agreement. In 1991, the District and CCWA entered into the Transfer of Financial Responsibility Agreement, which, among other things, obligates CCWA to accept responsibility for all financial obligations of the District under the Water Supply Contract. CCWA contracts with its member agencies and other water users (collectively, "CCWA Participants") for the delivery of SWP to the CCWA Participants.
C. On March 18, 2022, in light of developing drought conditions throughout California, DWR notified the parties that contract with DWR for SWP water ("State Water Contractors") that SWP deliveries would be reduced to five percent of each State Water Contractor's annual allocation of the SWP water supply for the upcoming water year.
D. CCWA, on behalf of several CCWA Participants, currently needs water to supplement its annual SWP water supplies. For that purpose, CCWA seeks to purchase from Mojave Water Agency ("MWA") up to 1,500 acre-feet ("AF") of the 2022 Annual Table A Amount, as that term is defined in the State Water Contract, allocated to MWA ("Transfer"). MWA is headquartered in San Bernardino County and MWA's service area is in San Bernardino County.
E. For Table A Water delivered to CCWA, CCWA shall pay MWA a rate of $2,000 per AF. Banks Pumping Plant shall be the point of transfer. The water is to be delivered and used entirely within CCWA's service area by December 31, 2022.
F. The terms and conditions of the proposed Transfer are described in the 2022 Water Transfer Letter Agreement between CCWA and MWA ("Agreement"), a true and correct copy of which is attached hereto as Exhibit A and incorporated herein
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Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
by this reference. The terms and conditions of the Transfer are further described in the agreement, SWPAO # , between the District, MWA, and DWR that provides DWR's approval of the Transfer ("DWR Agreement"), a true and correct copy of which is attached hereto as Exhibit B and incorporated herein by this reference.
G. On IDATE], 2022, CCWA's Board of Directors adopted Resolution No. 0022 - approving the Transfer and agreeing to be bound by the DWR Agreement, a true and correct copy of which is attached hereto as Exhibit C and incorporated herein by this reference.
H. On [DATE], 2022, in compliance with the California Environmental Quality Act, CCWA's Executive Director filed a Notice of Exemption for the Transfer with the Clerk of the Board in Santa Barbara and San Bernardino counties and with the State Clearinghouse in conformance with the procedures provided for the filing of such notices in the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
I. CCWA has requested that the District enter into the DWR Agreement "on behalf of CCWA."
J. The Parties desire to enter into this Agreement to set forth the rights, responsibilities and obligations of the Parties as it relates to the DWR Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated into the operative provisions of this Agreement by this reference, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. Assignment. Effective as of the effective date of the DWR Agreement, the District does hereby assign, transfer, and set over to CCWA, without recourse and without representation or warranty of any kind, all of the District's right, title and interest in, to and under the DWR Agreement and all liabilities and obligations of the District arising from or under the DWR Agreement.
2. Assumption. Effective as of the effective date of the DWR Agreement, CCWA accepts such assignment without recourse and without representation or warranty of any kind, and assumes all of the liabilities and obligations of the District arising from or under the DWR Agreement, including any and all obligations to make payments, indemnifications or reimbursements thereunder, and agrees to be bound by andto keep, perform and observe the terms, covenants and conditions placed on the District under the DWR Agreement. CCWA agrees to be bound by said DWR
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Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
Agreement to the same extent as if it had been an original party to said instrument and accepts and agrees to perform all of the obligations of the District therein.
3. Indemnification and Release. CCWA hereby releases and forever acquits, discharges and holds harmless and shall indemnify the District from and against any and all liabilities (at law or in equity), obligations, liens, claims, orders, rulings, losses, damages, assessments, fines, penalties, injuries, demands, actions, judgments, suits, costs, expenses or disbursements of any kind (including reasonable attorneys' fees and costs) which may at any time be imposed on, incurred by or asserted against the District by CCWA, any of its affiliates or any third party, based on, resulting from, in any way relating to, in connection with or arising out of the DWR Agreement, excluding any such loss or damage to the extent caused by the District's active negligence, sole negligence, willful misconduct, or breach of contract.
4. Governing Law and Jurisdiction. The validity and interpretation of this Agreement shall be governed by the laws of the State of California.
5. Waiver. Any waiver or failure to declare a breach as a result of the violation of any term of this Agreement shall not constitute a waiver of that term or condition and shall not provide the basis for a claim of estoppel or waiver by any Party to that term or condition.
6. Counterparts. The Parties may execute this Agreement in counterpart. The Parties agree to accept electronic signatures as original signatures.
7. Authorization. Each signatory represents and warrants that he or she has the appropriate authorization to enter into this Agreement on behalf of the Party for whom he or she signs.
8. Notices. All communications or notices in connection with this Agreement shall be in writing and either hand -delivered or sent by U.S. first class mails, postage prepaid, or electronic mail followed by written notice sent by U.S. mails and addressed to the Parties as follows:
Santa Barbara County Flood Control
and Water Conservation District
Matthew Young, Water Agency
Manager
130 East Victoria Street, Suite 200
Santa Barbara, CA 93101-2019
Tel: (805) 568-3542
[email protected]
24186623.1
DRAFT 05/19/22
Central Coast Water Authority
Ray Stokes, Executive Director
255 Industrial Way
Buellton, CA 93427-9565
Tel: (805) 697-5214
[email protected]
Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
9. Construction and Interpretation. The Parties agree and acknowledge that the terms of this Agreement have been negotiated by the Parties and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument to be drafted, or in favor of the party receiving a particular benefit under this Agreement.
10. Entire Agreement and Amendment. This Agreement is the entire understanding of the Parties in respect of the subject matter hereof. There are no other promises, representations, agreements or warranties by any of the Parties. This Agreement may only be amended by a writing signed by all of the Parties. Each Party waives its right to assert that this Agreement was affected by oral agreement, course of conduct, waiver or estoppel.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
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DRAFT 05/19/22
Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
DISTRICT
SANTA BARBARA COUNTY FLOOD
CONTROL AND WATER CONSERVATION
DISTRICT
Water Agency Manager
APPROVED AS TO FORM:
County Counsel
By:
County Counsel
CCWA
CENTRAL COAST WATER AUTHORITY
By:
Ray Stokes, Executive Director
APPROVED AS TO FORM:
General Counsel
By:
Brownstein Hyatt Farber Schreck
Stephanie Osier Hastings
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Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
EXHIBIT A
Letter Agreement
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Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
EXHIBIT B
DWR Agreement
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Assignment, Assumption, Indemnification and Release Agreement Central Coast Water Authority 2022 Supplemental Water Purchase Program Mojave Water Agency Transfer
Exhibit C
Resolution No. 2022- 7
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DRAFT 05/19/22
Notice of Exemption
To: Office of Planning and Research
Post Office Box 3044, Room 113
Sacramento, California 95812-3044
Clerk of the Board
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101
Clerk of the Board
Ventura County
800 S. Victoria Avenue
Ventura, CA 92415
From: Central Coast Water Authority
255 Industrial Way
Buellton, CA 93427
Project Title: Central Coast Water Authority and Mojave Water Agency 2022 Transfer of Table A Water Location — Specific: Existing State Water Project (SWP) facilities to existing turnouts in Santa Barbara and Ventura Counties. The SWP includes facilities located throughout the State of California. The SWP is owned and operated by the California Department of Water Resources (DWR), headquartered in Sacramento, California. Santa Barbara County Flood Control and Water Conservation District contracts with DWR for the delivery of SWP water to Santa Barbara County (SWP Contract). The Central Coast Water Authority (CCWA) has assumed responsibility for the SWP Contract. CCWA is headquartered in Santa Barbara County and CCWA's service area is located in Santa Barbara County. The Mojave Water Agency (MWA) contracts contracts with DWR for the delivery of SWP water to San Bernardino County. MWA is headquartered in Apple Valley and MWA's service area is located in San Bernardino County.
Location — County: Santa Barbara and San Bernardino Counties Description of Activity: Due to prolonged drought conditions and low SWP 'Table A Amount" for 2022, CCWA currently needs additional water supplies to supplement its 2022 supplies. MWA will make available 1,500 acre-feet (AF) of MWA's 2022 Annual Table A Amount, as that term is defined by the State Water Contract, for transfer to CCWA. CCWA will pay MWA a rate of $2,000 for every AF of water purchased, which will occur on execution of an agreement with DWR which incorporates the terms and conditions of the transfer. The point of delivery for the transfer is Banks Pumping Plant, a DWR facility, and all water delivered to CCWA shall be used entirely within CCWA's service area.
Name of Public Agency Approving or Carrying Out Activity: Central Coast Water Authority. Other approving agencies include: California Department of Water Resources, Santa Barbara County Flood Control and Water Conservation District, and Mojave Water Agency.
Exempt Status:
❑ Ministerial
❑ Declared Emergency
❑ Emergency Project
® Categorical Exemption
❑ Statutory Exemption (Not a Project Under CEQA)
24184239
Reasons why activity is exempt:
a. The transfer will facilitate the delivery of SWP water from one SWP contractor to another, using only existing DWR facilities and existing facilities in Santa Barbara and San Bernardino Counties and is intended to meet existing uses of water and would not support new development or a change in land use. (14 Cal. Code Regs. §§ 15061(b)(2), 15061(b)(3), 15301.)
b. The transfer is entirely within the authorized SWP place of use. c. None of the exceptions to use of an exemption set forth in CEQA Guidelines section 15300.2 apply and the Transfer will not have a significant impact on the environment.
Agency Contact Person: Ray Stokes
Signature:
Ray Stokes
Title: Executive Director, Central Coast Water Authority 24184239
Telephone: (805) 688-2292
Date:
Date received for filing OPR:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING A PURCHASE AGREEMENT WITH THE CENTRAL COAST WATER AUTHORITY (CCWA) UNDER THE 2022 SUPPLEMENTAL WATER
PURCHASE AGREEMENT PROGRAM FOR THE PURCHASE OF WATER FROM
MOJAVE WATER AGENCY
WHEREAS, the Central Coast Water Authority is a public entity organized under a joint exercise of powers agreement dated August 1, 1991, by the cities and special districts responsible for the creation and maintenance of water resources; and WHEREAS, CCWA is composed of eight members from public agencies, including the City of Santa Maria ("City"), with each member agency represented on the CCWA Board of Directors; and
WHEREAS, the State of California Department of Water Resources issued a five percent allocation of State Water Project water deliveries for 2022; and WHEREAS, to meet the needs of CCWA participants, CCWA initiated the 2022 Supplemental Water Purchase Program; and
WHEREAS, on March 18, 2022, the Director of Utilities executed the 2022 Supplemental Water Purchase Program Participation Agreement with CCWA; and WHEREAS, CCWA negotiated terms for the purchase of water from Mojave Water Agency as identified in the Central Coast Water Authority 2022 Supplemental Water Purchase Program Purchase Agreement re: Mojave Water Agency; and WHEREAS, the City wishes to enter into a Purchase Agreement with CCWA consistent with the terms identified between CCWA and Mojave Water Agency.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, as follows:
1. Authorize and direct the City Manager, or designee, to execute the Purchase Agreement with CCWA, consistent with the terms negotiated with Mojave Water Agency, attached to the Council Agenda Report as Attachment A, is incorporated herein by reference; and
2. Authorize appropriation of necessary funds in the Water Resources Enterprise Fund 002 to meet the terms of the agreement referenced above; and
3. Authorize and direct the Chief Deputy City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 7th day of June 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Departme t Director
Ci Ma ager
2