(11)AR 061609 MOU/Riverside - Laserfiche WebLink

Browse Search

Riverside Memorandum of Understanding June 16, 2009 City Council Meeting Page 2 Declaration and a Draft Negative Declaration. In November 2007, Riverside submitted written comments expressing concerns over the possibility that the new wells would negatively impact Riverside's Flume Well #2, which is located approximately 850 feet from the proposed Project location. Riverside wanted the City to, among other things, perform a groundwater hydrology study to analyze the impacts from the wells. In Staff's opinion, Riverside did not provide sufficient evidence to justify the hydrology study and recommended Project approval on the basis of a Negative Declaration. On December 19, 2007, the City Council voted to adopt the Negative Declaration and approved the Project. Six months later, on June 13, 2008, Riverside filed its Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief. On July 17, 2008, City and Riverside staff began settlement discussions, as mandated by CEQA. At that meeting, several additional issues of mutual concern were discussed, including the Riverside Groundwater Aquifer Storage and Recovery System (the "Recharge Project"), the Pellissier Ranch Specific Plan, the Groundwater Management Plan for Riverside Basin, the John W. North Sewer Discharge Permit, and the RIX Facility. Since the initial settlement meeting in July, staff and counsel have met regularly to discuss these issues. Most recently, terms of a proposed MOU have been developed and are discussed in detail below. MEMORANDUM OF UNDERSTANDING - SUMMARY AND ANALYSIS OF PROPOSED TERMS A. Wells 30 and 31 Litigation Colton agreed to make Wells 30 and 31 available for a pump test, which was conducted between January 19, and January 23, 2009. The results were documented in a draft Pump Test Report, showing that the operation of Colton Wells 30/31 appears to have a very small impact on the water levels at Riverside's Flumes wells. The cost to conduct the pump test was $47,360. Based upon the impact thresholds provided by Riverside, the 40 -year impact on all the Flume Wells as a result of the operation of Wells 30/31 would be approximately $29,240. Riverside will reimburse Colton the difference between the costs to conduct the pump test and the estimated 40 year impacts ($18,120). Riverside will dismiss with prejudice the CEQA lawsuit and support Colton's efforts to obtain required permits for Wells 30 and 31 from other permitting agencies. B. Riverside Groundwater Aquifer Storage and Recovery System The Riverside Groundwater Aquifer Storage and Recovery System (the "Recharge Project"), is a proposed project to capture and recharge Santa Ana River storm water and imported water, on and near Riverside's Flume Well Tract property located in Colton. The proposed project currently includes spreading basins and facilities for the diversion of water from the Santa Ana River to those basins. Colton has requested that the proposed project also include recreational features and be configured to accommodate local circulation requirements for South Colton. Under the MOU, Riverside will agree to consider and study the addition of these components into the proposed project. Riverside also agrees to fund the cost of Recharge Project environmental analysis, including any recreational elements associated with the improvements. Riverside and Colton agree to jointly seek grant funding, from federal and/or state funds, for the Recharge Project on terms that are mutually acceptable. 2