(11)AR 061609 MOU/Riverside - Laserfiche WebLink

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CITY OF COLTON ITEM #11 AGENDA REPORT FOR COUNCIL MEETING OF June 16, 2009 TO: Honorable Mayor and City Council FROM: City Manager and City Attorney SUBJECT: Memorandum of Understanding (MOU) between the City of Riverside and the City of Colton Regarding Mutual Cooperation on Matters o Regional Significance DATE: June 10, 2009 BACKGROUND On June 13, 2008, Riverside initiated the case entitled City of Riverside vs. City of Colton, San Bernardino Superior Court No. CIVSS807782, alleging that Colton's environmental analysis under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") of Wells 30 and 31 was inadequate and did not comply with CEQA (the "CEQA lawsuit"). Riverside indicated to Colton that it believed that the operation of Wells 30 and 31 would have an adverse impact on Riverside's adjacent water resources, including Flume Wells 2, 3, 4 and 6 (the "Flume Wells"). Riverside claimed in its lawsuit that the wells would have significant impacts on Riverside's water supply and that these impacts were required to be analyzed in an EIR. Shortly after the lawsuit was filed, the parties began extensive settlement discussions. The cities concluded that the well lawsuit was in fact reflective of a larger set of issues between the two cities and that any settlement of the lawsuit should also address other outstanding issues. Staff and legal counsel have been meeting regularly to discuss these issues and have agreed upon terms to address the number of outstanding issues. A Memorandum of Understanding (MOU) was drafted to address these issues. DISCUSSION For several years, Colton has been evaluating possible sites to drill new water wells to augment the City's water needs. The City's Water Facilities Master Plan includes the construction of eight new wells by the year 2010 in order to effectively meet the recommended water production capacity for the City. After extensive investigation, the City determined that the ideal location for two new wells would be at the intersection of Fogg and Congress Streets. In October 2007, the City prepared, pursuant to CEQA, an Initial Study for the Project. On the basis of the Initial Study, staff concluded that drilling the wells would not have significant environmental impacts under CEQA. Staff then prepared a Notice of Intent to Adopt a Negative