Agenda Item No. 9
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Raymond A. Casey, City Manager
Fermin Preciado, Director of Development S rvices/City Engineer FOR: City Council Meeting of January 10, 2022
SUBJECT: Resolution No. 2022-03 - Yucaipa Subbasin Groundwater Sustainability Plan RECOMMENDATION:
That City Council adopt Resolution No. 2022-03 authorizing the adoption of the Yucaipa Subbasin Groundwater Sustainability Plan and direct the Yucaipa Groundwater Sustainability Agency to file the YSGSP with the California Department of Water Resources no later than January 31, 2022.
BACKGROUND:
In September of 2014, the Governor signed into law Senate Bills 1168 and 1319, and Assembly Bill 1739, collectively known as the Sustainable Groundwater Management Act (SGMA) which imposed new requirements on local agencies focusing on sustainable groundwater management.
SGMA mandates that a Groundwater Sustainability Agency (GSA) be formed for each medium or high priority basin as defined in SGMA by June 30, 2017. The GSA is responsible for developing and implementing a Groundwater Sustainability Plan (GSP), which is due to the California Department of Water Resources by January 31, 2022. The Yucaipa Sub -Basin is a high priority basin as identified in SGMA.
According to SGMA, a GSP is required to address the following components related to the groundwater basin:
• A description of the physical setting and characteristics of the aquifer system underlying the basin.
• Measurable objectives, including interim milestones, to achieve the sustainability goal in the basin within 20 years of plan implementation.
• Planning and implementation horizons including the monitoring and management of the basin.
• Monitoring information and protocols that are designed to detect changes in groundwater level, groundwater quality and other indicators to avoid or minimize subsidence. • Coordination with City and County General Plans, Integrated Regional Water Management Plans and other planning documents.
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City Council Meeting of January 10, 2022
Yucaipa Subbasin Groundwater Sustainability Plan
On May 22, 2017, the City Council, adopted Resolution 2017-18, approving a Memorandum of Agreement (MOA) to form the Yucaipa Groundwater Sustainability Agency (YGSA) with the Cities of Calimesa and Redlands; the South Mesa Water Company; the South Mountain Water Company; the Western Heights Water Company; the Yucaipa Valley Water District; the San Bernardino Valley Municipal Water District (SBVMWD); and the San Gorgonio Pass Water Agency. The MOA was formally adopted by all agencies party to the Agreement and was submitted to the State Department of Water Resources.
The MOA required that each agency party to the agreement appoint a primary and alternate representative to the Governing Board of the YGSA. On August 14, 2017, the City Council designated the City Manager as the City's primary representative and the Director of Development Services/City Engineer as the City's alternate representative. Since formal approval of the MOA, members of the YGSA have met monthly and have completed important administrative and program goals necessary for the successful adoption of a GSP. Board meetings are subject to the Ralph M. Brown Act and Board meeting notices and agendas, meeting minutes and other GSA related documents are posted on the YSGA website ( www.ncaipasgma.org) . In -person Board meetings are conducted at the City of Yucaipa while virtual Board meetings have also been conducted via Zoom. The Board determined that contracts for professional services for work associated with the YSGA would be approved through SBVMWD with YSGA member agencies reimbursing SBVMWD for their share of associated costs.
SGMA provides the YSGA broad powers in the implementation of the YGSP and collaborative management of the Yucaipa Groundwater Subbasin. This includes the adoption of rules, regulations, ordinances and resolutions as may be necessary to manage and protect the basin. The YSGA also possess the legal authority to appropriate and acquire surface or groundwater rights, impose fees, and other regulatory actions. As a voting member of the YSGA, the City has a "seat at the table" to establish issues and policies that will have long-term impact to our City residents and business community. The City also has the opportunity to include the City's drainage and water related projects in the YGSP to further enhance funding and partnership opportunities with other member agencies, such as the Wilson III project that recently received funding from SBVMWD.
One of the early action items by the Board was the selection of a qualified consultant to prepare the YSGSP. In early 2018, the YGSA advertised Request for Proposals to develop the YSGSP and conducted interviews of qualified firms that responded to the Request for Proposals. The Board selected Dudek as the most qualified consultant to complete this project at their August 29, 2018 Board meeting. Dudek has extensive groundwater planning experience and had completed the first three preliminary draft GSPs for public review in California. In addition, the firm is actively involved with the preparation of multiple GSPs throughout the state. Dudek has experience working in the local area, including work in the Yucaipa, San Timoteo and Beaumont basins. Dudek is also under contract with the City to complete engineering design and environmental review work for several City Capital Improvement Program drainage projects. A contract with Dudek was approved by the SBVMWD Board of Directors at their October 16, 2018 Board meeting to complete the YSGSP for a fee of $814,500. -71-
City Council Meeting of January 10, 2022
Yucaipa Subbasin Groundwater Sustainability Plan
Another early action item by the Board was the submission of a grant application to the Department of Water Resources for funding from the 2017 Sustainable Groundwater Planning Grant Program.
This application was prepared and submitted by SBVMWD with input and cooperation from the YGSA Board. In early 2018, the DWR announced a grant award of $815,100 for the preparation of the GSP and associated activities. $220,000 of grant funds was used to offset the costs associated with groundwater infiltration testing with the remaining $595,100 of grant funds applied towards the cost of the GSP, which left an estimated balance of $219,500 that would be funded by the members of the YSGA.
The MOA requires the Water Purveyors (South Mesa Water Company, South Mountain Water Company, Western Heights Water Company, and the Yucaipa Valley Water District) collectively bear seventy-five percent (75%) of the cost of the creation and administration of the GSA; and the Municipalities and Regionals (San Bernardino Valley Municipal Water District, San Gorgonio Pass Water Agency, and the cities of Calimesa, Redlands and Yucaipa) collectively bear the remaining twenty-five percent (25%). As there were originally five (5) Municipal and Regional agencies signatory to the MOA, the City of Yucaipa was responsible for five percent (5%) of the total costs associated with the GSA, or approximately $11,000. On November 19, 2018, the Calimesa City Council took formal action on the Notice of Withdrawal from the GSA. The MOA allows any Party to the MOA to withdraw by providing ninety day written notice to the other Parties. With the City of Calimesa's withdrawal, the Municipal and Regional Agencies were reduced to four agencies, resulting in a cost share of 6.25% of all costs, resulting in an increase of the City of Yucaipa's cost responsibility for preparation of the YSGSP from $11,000 to $13,750.
This amount was included in the FY2019/2020 Budget approved and adopted by the City Council at the June 22, 2020 City Council Meeting.
DISCUSSION:
The YSGSP presented for City Council review and approval is the culmination of a three-year collaborative effort by the major stakeholders overlying the Yucaipa Subbasin to address sustainable groundwater management over the YSGSP 50-year planning period. DWR designated the Yucaipa Subbasin a high priority basin primarily due to its reliance on groundwater for water supply. However, the study indicates that this Subbasin is not in a state of critical overdraft. Under SGMA, GSA's "have the responsibility for adopting a Plan that defines the basin setting and establishes criteria that will maintain or achieve sustainable groundwater management".
SGMA defines sustainable groundwater management as the "management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results". Undesirable results, as defined in SGMA, are any of the following effects caused by groundwater conditions occurring throughout the basin:
Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. • Significant and unreasonable reduction of groundwater storage. -72-
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Yucaipa Subbasin Groundwater Sustainability Plan
• Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies (the Yucaipa Subbasin has not experienced significant and undesirable degradation of water quality).
• Significant and unreasonable seawater intrusion (seawater intrusion is not possible for the Yucaipa Subbasin as it is an inland basin).
• Significant and unreasonable land subsidence that substantially interferes with surface land uses (land subsidence is unlikely to produce significant and undesirable results in the foreseeable future).
• Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water.
The Yucaipa Subbasin had experienced marked declines in groundwater levels prior to the mid-2000s.
The declining trends in groundwater levels ceased, however, following the importation of water via the State Water Project (SWP) into the Subbasin in 2004 and with the groundwater recharge elements constructed as part of many of the City's drainage projects promoting passive groundwater recharge from storm flows into the aquifer. This passive recharge and the importation of SWP water supplemented some of the local groundwater production in the Yucaipa Subbasin to where the annual rate of groundwater production fell within estimates of the safe yield for the Subbasin. A portion of the imported SWP water, when available, was discharged to spreading basins to promote artificial recharge to the principal aquifer in the Subbasin.
Groundwater production continues to be the major contribution to the water supply in the Yucaipa Subbasin and, therefore, warranted evaluation to characterize sustainability and identify significant and undesirable results in regards to lowering water levels and reduction in groundwater storage.
Groundwater dependent ecosystems (GDEs) have been identified adjacent to drainage channels in the Yucaipa Subbasin and warranted evaluation on whether groundwater production from the principal aquifer may cause significant and undesirable results to GDEs dependent on shallow groundwater and surface water.
This YSGSP is organized as follows (a copy of this document is on file with the City Clerk) and will be discussed in more detail during the presentation of this item to the City Council:
The Executive Summary provides an overview of the YSGSP and a description of groundwater conditions in the basin.
• Chapter 1, Introduction, includes the purpose of the YSGSP, the sustainability goal, and information relating to the administration of the Plan and the area covered by the Plan. • Chapter 2, Basin Setting describes, in depth, the hydrogeologic setting of the Plan Area, including a description of current and historical conditions related to each undesirable result defined under SGN A. Chapter 2 also provides a summary of the groundwater modeling and water budget components established for the Plan Area.
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Yucaipa Subbasin Groundwater Sustainability Plan
• Chapter 3, Sustainable Management Criteria, describes criteria by which the YSGSA has defined conditions that constitute sustainable groundwater management for the basin, including the process by which the YSGSA has characterized undesirable results, and established minimum thresholds and measurable objectives for each applicable sustainability indicator.
• Chapter 4, Projects and Management Actions, consists of a description of the projects and management actions the YSGSA has determined will achieve the sustainability goal for the basin, including projects and management actions to respond to changing conditions in the basin.
• Chapter 5, Plan Implementation, provides an estimate of YSGSP implementation costs, a schedule for implementation, and a plan for annual reporting and periodic (5-year) evaluations.
The YSGSP identified that the Plan Area is not currently experiencing undesirable results with regard to the chronic lowering of groundwater elevations, reduction of groundwater in storage, land subsidence and depletion of surface water as a result of groundwater production from the principal aquifer that threatens GDEs. The importation of SWP water as a supplemental source of water and passive recharge from storm flows, both as direct use and through artificial recharge in the various spreading basins, has allowed the YGSA member agencies to reduce groundwater production in the management areas to levels below their respective estimated sustainable yields. The basins used for recharge include the Wilson Creek and Oak Glen Creek basins that were designed to capture storm water, but are primarily used to artificially recharge the Subbasin using surplus SWP water delivered by the SWP East Branch Extension. The Wilson Creek Basins and Oak Glen Creek Basins/Corridor have contributed an average 1,900 acre-feet per year (AFY) and 470 AFY, respectively, since 2011.
The other existing storm water capture basins (Tennessee Street Basins, Fremont Street Basin, Dunlap Channel and Wildwood Creek Basin) are estimated to capture approximately 1,800 AFY. These projects provide additional benefits including improving water quality in surface waters by reducing stormwater runoff volumes and providing wildlife habitat.
The YSGSA did not include any new projects in the future water budget analysis because the management areas are not projected to experience undesirable results over the 50-year planning and implementation horizon. However, the YSGSA did identify proposed projects that have been designed, permitted, and are undergoing development or will in the near future. These include the Wilson III Basins, the Pendleton Avenue Low Water Crossing and Basins, and the Upper Wildwood Creek Basin. The projects funded by the City of Yucaipa (with major funding also provided by SBVMWD for the Wilson III Basins) are designed to capture storm water flows and enhance recharge to the Subbasin. The estimated average annual recharge contribution is approximately 1,500 AF.
These basins will be located in the North Bench management area and will provide additional opportunities to capture and recharge stormwater flows, thereby reducing the reliance on imported water to meet the basin measurable objectives.
The completion of this YSGSP represents a key milestone in achieving groundwater sustainability within the Plan Area by 2042 as required by SGMA. The YSGSP documents a viable path, -74-
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Yucaipa Subbasin Groundwater Sustainability Plan
determined by the YGSA in collaboration with stakeholders, and informed by the best available information, to achieving the sustainability goal within the Yucaipa Subbasin. The YSGA conducted Public Engagement and Workshop meetings on January 27, 2021 and on November 16, 2021. In addition, the YSGSP document was available for public review and comment from November 2, 2021 through December 3, 2021. If approved, Resolution 2022-03, will be forwarded to the YGSA who will compile the signatures and resolutions of all YGSA member agencies, and will submit the final documents to the California Department of Water Resources prior to January 31, 2022.
FISCAL IMPACT:
The total estimated costs associated with the City's participation in the YGSA and the preparation of the YSGSP is in the amount of $25,000. This includes the City's share of the costs ($13,750) associated with the Dudek contract previously mentioned and other administrative costs. The amount of $25,000 is included in the FY2021/2022 Capital Improvement Program Budget for the YGSA effort.
The estimated annual costs for implementation of the YSGSA, which includes the required data collection, monitoring, validating and uploading data to the data management system, and submission of annual reports to the DWR, is $170,000, of which the City's share would be $10,625. The City's ongoing participation in the implementation of the plan, including the monitoring and management, will help ensure that the Yucaipa groundwater basin will reach long term sustainability as future development occurs consistent with the City's General Plan. In addition, the identification of the future City of Yucaipa drainage projects in the plan enhances the grant funding and partnership opportunities that allows those projects to be constructed sooner to provide enhanced passive groundwater recharge opportunities further reducing reliance on imported water.
Attachments: Resolution 2022-03
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RESOLUTION NO.2022-03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, STATE OF
CALIFORNIA, AS A MEMBER OF THE YUCAIPA GROUNDWATER
SUSTAINABILITY AGENCY TO ADOPT THE GROUNDWATER SUSTAINABILITY PLAN FOR THE YUCAIPA SUBBASIN (BASIN NO. 8-002.07)
WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319, and Assembly Bill 1739, collectively known as the Sustainable Groundwater Management Act ("SGMA"), codified in certain provisions of the California Government Code, including commencing with Section 65350.5, and codified in Part 2.74 of Division 6 of the California Water Code, commencing with Section 10720, and amending other provisions of the California Government Code and California Water Code; and, WHEREAS, SGMA went into effect on January 1, 2015; and, WHEREAS, various clarifying amendments to SGMA were signed into law in 2015, including Senate Bills 13 and 226, and Assembly Bills 617 and 939, which were codified in part in California Water Code Section 10723.6(a), authorizing a combination of local agencies to form a Groundwater Sustainability Agency ("GSA") pursuant to a joint powers agreement, a memorandum of agreement, or other legal agreement; and, California Water Code Section 10723.6(b), authorizing water corporations regulated by the California Public Utilities Commission and mutual water companies to participate in a GSA through a memorandum of agreement or other legal agreement; and,
WHEREAS, the legislative intent and effect of SGMA, as set forth in California Water Code Section 10720.1, includes the following: (1) to provide for the sustainable management of groundwater basins; (2) to enhance local management of groundwater consistent with rights to use or store groundwater and Section 2 of Article X Water of the California Constitution, and to preserve the security of water rights in the state to the greatest extent possible consistent with the sustainable management of groundwater; (3) to establish minimum standards for sustainable groundwater management; (4) to provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater; (5) to avoid or minimize subsidence; (6) to improve data collection and understanding about groundwater; (7) to increase groundwater storage and remove impediments to recharge; (8) to manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner; and (9) to provide a more efficient and cost-effective groundwater adjudication process that protects water rights, ensures due process, prevents unnecessary delay, and furthers the objectives of SGMA; and, WHEREAS, SGMA affords GSAs specific powers to manage groundwater in addition to existing legal authorities, which powers may be used to provide the maximum degree of local control and flexibility consistent with the sustainability goals of SGMA; and, WHEREAS, SGMA includes several un-codified findings by the California Legislature, -76-
including the determination that the people of the state have a primary interest in the protection, management, and reasonable beneficial use of the water resources of the state, both surface and underground, and that the integrated management of the state's water resources is essential to meeting its water management goals; and,
WHEREAS, the Yucaipa Subbasin ("SUBBASIN") is identified by the California Department of Water Resources Bulletin 118 as Sub -basin No. 8-002.07 of the Upper Santa Ana Valley Groundwater Basin, and is designated by the California Department of Water Resources ("DWR") as a high -priority basin; and,
WHEREAS, California Water Code Section 10720.7 requires the SUBBASIN, as a high - priority basin that is not designated by DWR as being subject to critical conditions of overdraft, to be managed by a Groundwater Sustainability Plan ("GSP") by January 31, 2022; and, WHEREAS, South Mesa Water Company ("SOUTH MESA"), South Mountain Water Company ("SOUTH MOUNTAIN"), Western Heights Water Company ("WHWC") and Yucaipa Valley Water District ("YVWD"), herein collectively referred to as the "WATER PURVEYORS"; and the City of Calimesa ("CALIMESA"), the City of Redlands ("REDLANDS") and the City of Yucaipa ("YUCAIPA"), herein collectively referred to as the MUNICIPALITIES"; and the San Bernardino Valley Municipal Water District ("SBVMWD") and the San Gorgonio Pass Water Agency ("SGPWA"), herein collectively referred to as the "REGIONALS", entered into a Memorandum of Agreement ("MOA") in June 2017 to form a GSA called the Yucaipa Groundwater Sustainability Agency ("YUCAIPA GSA"), and, WHEREAS, each of the above -described entities is individually referred to as a "PARTY" and are collectively referred to as the "PARTIES". SOUTH MESA, SOUTH MOUNTAIN and WHWC are collectively referred to as the "MUTUALS"; and, the PARTIES other than the MUTUALS are collectively referred to as the "LOCAL AGENCIES," and, WHEREAS, The County of Riverside ("RIVERSIDE") and the County of San Bernardino ("SAN BERNARDINO"), collectively referred to as the "COUNTIES," are stakeholders but not PARTIES in the YUCAIPA GSA, and,
WHEREAS, CALIMESA submitted a written Notice of Withdrawal dated November 19, 2018 and the Yucaipa GSA subsequently acknowledged the withdrawal of CALIMESA from the Yucaipa GSA at the January 23, 2019 YUCAIPA GSA Board meeting, and, WHEREAS, the LOCAL AGENCIES have water supply, water management, and/or land use responsibilities for their respective jurisdictional areas overlying the SUBBASIN and are local agencies as defined by SGMA in California Water Code Section 10721(n), and thus each is authorized by SGMA to form a GSA; and,
WHEREAS, the LOCAL AGENCIES' individually have jurisdictional and/or service areas within and their collective jurisdictional areas and/or service areas that cover the entirety of the SUBBASIN, with no gaps in coverage; and,
WHEREAS, the WATER PURVEYORS, including the MUTUALS, produce -77-
groundwater and provide water service within the SUBBASIN; and, WHEREAS, the REGIONALS are State Water Contractors, and have the rights and duties of such, including for the delivery of State Water Project Water within the SUBBASIN; and,
WHEREAS, the PARTIES have worked with local stakeholders and interested parties in the SUBBASIN that are not PARTIES in YUCAIPA GSA to carry out the policy, purposes, and requirements of SGMA in the SUBBASIN; and,
WHEREAS, the YUCAIPA GSA has developed a GSP for the SUBBASIN as required by SGMA; and,
WHEREAS, the YUCAIPA GSA has provided the public notices required by Water Code section 10727.8, including a Public Outreach and Engagement Plan, informing the public on how to participate in the development of the GSP; and,
WHEREAS, the YUCAIPA GSA has held numerous public meetings where elements of the GSP for the SUBBASIN have been presented and discussed, and where the general public has been provided the opportunity to comment on the various elements of the GSP; and, WHEREAS, due to the COVID-19 pandemic and Executive Order N-29-20 that suspended the requirement to hold public meetings at physical locations, the YUCAIPA GSA held online public meetings and provided details in the public notices informing the public how to participate in the online meetings; and,
WHEREAS, the YUCAIPA GSA has received written public comments on the various elements of the GSP, which have been reviewed and commented on, where and as appropriate, as part of the GSP; and,
WHEREAS, the YUCAIPA GSA announced a community engagement meeting (i.e., public hearing) for November 16, 2021, as required by Water Code section 10728.4 for the purposes of considering public comments before adopting a GSP for the SUBBASIN; and, WHEREAS, the GSP for the Subbasin contains all the elements required by Water Code sections 10727.2 and 10727.4; and,
WHEREAS, after its filing with DWR, the GSP for the Subbasin will be subject to a further public review period, and will undergo review by DWR for a period not exceeding two years; and,
WHEREAS, the GSP for the SUBBASIN will be subject to further updating during the DWR review period, and periodically thereafter via annual reports due every April 1 and evaluation reports at least every 5 years or when the GSP is amended; and, WHEREAS, it is now necessary and appropriate for the City Council of the City of
Yucaipa to consider the adoption of the GSP for the sustainable management of the SUBBASIN, and authorizes the adoption of the YSGSP for the sustainable management of the SUBBASIN and directs the YUCAIPA GSA to file the GSP with DWR no later than the date required by SGMA;NOW, THEREFORE,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
1. The above Recitals are true and correct findings of the Yucaipa City Council.
2. The Yucaipa Subbasin Groundwater Sustainability Plan is approved.
3. The City of Yucaipa hereby authorizes the adoption of the YSGSP for the SUBBASIN and directs the YUCAIPA GSA to file the YSGSP with DWR no later than January 31, 2022, as required by SGMA.
4. The City Manager (or his designee) is hereby authorized and directed to take such other and further actions as may be necessary or appropriate to implement the intent and purposes of this resolution.
PASSED, APPROVED AND ADOPTED on this 1 Oth day of January 2022. -79-