HomeMy WebLinkAbout2017-009 Atas. Basin GSA Agreement CITY OF ATASCA ER
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MEMORANDUM OF AGREEMENT
FORMIN THF.
ATASCADERO BASIN GROUNDWATER SUSTAINABILITY AGENCY
This Memorandum of Agreement ("Agreement") is made and entered into as of the
Effective Date by and between the City of Atascadcro,the City of Paso Robles, the County of
San Luis Obispo, and the Templeton Community Services District, sometimes each referred to
individually as a"Forming Party" and collectively as the"forming Parties," along with any
other entities eligible to participate in implementation of the Sustainable Groundwater
Management Act (Water Code §§ 10720 et seq.) ("SGMA") that are listed under Part 1 of
Exhibit A and are signatories to this Agreement,sometimes each referred to individually as a
"Participating Party" and collectively as the"Participating Parties," for purposes of forming the
Atascadero Basin Groundwater Sustainability Agency ("Agency") and setting forth the terms
pursuant to which the Agency shall operate. All entities that are signatories to this Agreement
are individually referred to as a"Party" and collectively referred to as the "Parties."
RECITALS
A. WHEREAS, the SGMA requires the establishment of a Groundwater
Sustainability Agency("GSA") for all basins designated as medium- or high-priority by the
California Department of Water Resources("DWR") on or before June 30, 2017; and
B. WITF.REAS, the SGMA further requires the adoption of a Groundwater
Sustainability Plan ("GSP") for all basins designated as medium-or high-priority by DWR and
not subject to critical conditions of overdraft on or before January 31, 2022 and those subject to
critical conditions of overdraft on or before January 31, 2020; and
C. WHEREAS, the DWR has identified the Atascadero Area Groundwater
Sub-basin of the Salinas Valley Basin as Basin No. 3-004.11 in its Bulletin 118 ("Atascadcro
Basin"); and
D. WHEREAS, the intent of the forming Parties is to form a single GSA, as
set forth in the SGMA, to encourage the Participating Parties to participate in the implementation
of the SGMA, and to proactively manage the Atascadcro Basin; and
E. WHEREAS, by signing this Agreement, each of the Parties represents
and warrants that it is either eligible to form, or eligible to participate in, a GSA under the
SGMA; and
F. WHEREAS, based on the foregoing responsibilities and authorities, the
Parties desire to create the Agency for the initial purpose of developing a GSP for the Atascadero
Basin pursuant to the SGMA, and for the subsequent purpose of implementing the GSP to
ensure the sustainable management of the Atascadero Basin as required by the SGMA; and
G. WHEREAS, the Parties have determined that the formation of the
Agency for such purposes may best be achieved through the cooperation of the Parties through
this Agreement; and
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H. WHEREAS,the Parties acknowledge that prior to the Effective Date, the
Atascadero Mutual Water Company has expended approximately$60,000 towards the
development of the GSP; and
1. WHEREAS, the Parties recognize that, during the development of the
GSP, it may be necessary to reconsider and possibly amend this Agreement under which the
Agency has been formed in order to effectively take all actions necessary to implement the GSP.
NOW,THEREFORE,in consideration of the promises and covenants contained herein,
the Parties agree as follows:
ARTICLE 1
CREATION OF THE AGENCY
1.1 Creation of the Atascadero Basin Groundwater Sustainability Agency. There is
hereby created pursuant to the SGMA, a GSA which shall be known as the Atascadero Basin
Groundwater Sustainability Agency, on the date that the last Forming Party executes this
Agreement("Effective Date"). The boundaries ofthe Agency shall be as set forth in Exhibit B
attached hereto and incorporated herein by this reference. Within thirty(30)calendar days after
the Effective Date of this Agreement,the Templeton Community Services District shall inform
the DWR of the formation of the Agency and the Agency's intent to undertake sustainable
groundwater management within the Atascadero Baste in accordance with the provisions of the
SGMA.
1.2 Purpose of the Agency. The purpose of the Agency is to serve as the GSA for the
entire Atascadero Basin and to develop, adopt, and implement a GSP for the entire Atascadero
Basin pursuant to the SGMA and other applicable provisions of law.
ARTICLE 2
TERM
This Agreement shall become effective on the Effective Date and shall remain in effect
until terminated pursuant to the provisions of Article 13 of this Agreement.
ARTICLE 3
POWERS
3.1 Agency Powers. The Agency shall possess the authority to exercise any and all
powers as are expressly set forth in the SGMA subject to all applicable limitations set forth
therein, In addition, if authorized by the GSP, each Party may take independent action under its
own jurisdictional authorities, and subject to all applicable limitations set forth in the SGMA,to
impose fees or enforce the GSP. The Agency may find it necessary to reconsider and possibly
amend this Agreement under which the Agency has been formed in order to effectively take all
actions necessary to implement the GSP.
3.2 Water Rights. As provided by the SGMA, including but not limited to Water
Code Section 10720.5(b), nothing in this Agreement or any GSP adopted pursuant to this
Agreement, determines or alters surface waterrights or groundwater rights under common law or
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a
any provision of law,permit, license, order, or decision that determines or grants surface water
rights.
3.3 Powers Reserved to the County and Cities. By entering into this Agreement, the
Cities of Atascadero and Paso Robles and the County of San Luis Obispo do not relinquish,
surrender, limit,or waive any of their rights, powers, or authorities, including but not limited to,
their real and personal property rights. The SGMA expressly reserves and preserves certain
powers and authorities to cities and counties, including, without limitation: (a) the issuance of
permits for the construction, modification or abandonment of groundwater wells;(b) Iand use
planning; and (c) groundwater management pursuant to city and county police powers that is not
in conflict with the GSP or with the other Parties'legal rights or obligations to serve water.
Neither the Voting Representative representing the County of San Luis Obispo nor the Voting
Representative representing the Cities of Atascadero and Paso Robles shall have the ability to
authorize the Agency to exercise or infringe upon any reserved powers and authorities(in this
case,the Agency must seek and receive authorization by formal action of the County of San Luis
Obispo Board of Supervisors or the Councils of the Cities of Atascadero and Paso Robles)and
this Agreement shall not be interpreted as limiting or ceding any reserved or preserved powers
and authorities held by the County of San Luis Obispo,the City of Atascadero, or the City of
Paso Robles.
3.4 Powers Reserved to the Templeton Community Services District, By entering
into this Agreement, the Templeton Community Services District does not relinquish, surrender,
limit or waive any of its powers or authorities, including but not limited to, its real and personal
property rights, and its rights as a community services district, and hereby expressly reserves and
preserves any and all such powers and authorities.
3.5 Powers Reserved to Atascadero Mutual Water Company. By entering into this
Agreement, the Ataseadero Mutual Water Company does riot relinquish, surrender, limit or
waive any of its rights, powers,or authorities, including, but not limited to, its water rights, its
real and personal property rights and its rights as a mutual water company, and hereby expressly
reserves and preserves any and all such rights,powers, and authorities.
3.6 Powers Reserved to ParticiRati�ng Parties other than Atascadero Mutual Water
Company. By entering into this Agreement, other Participating Parties do not relinquish,
surrender, limit or waive any of their powers orauthorities, including,but not limited to,their
real and personal property rights and their rights as a water system entity, and hereby expressly
reserves and preserves any and all such powers and authorities.
ARTICLE 4
EXECUTIVE CONMITTEE
4.1 Formation of the Executive Committee. The Agency shall be governed by an
Executive Committee ("EC")as illustrated in Part 2 of Exhibit A. The EC shall have both
Voting and Non-Voting Representatives as described in Part 2 of Exhibit A.
4.11 Voting Representatives. The term"Voting Representatives"means the
representatives on the EC eligible to vote on actionable business and affairs of the Agency. The
Voting Representatives on the EC shall includo elected official representatives from the
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following three large water systems(defined as a water system having more than 2,500 active
water service connections): the Atascadero Mutual Water Company,the City of Paso Robles,
and the Templeton Community Services District. The Voting Representatives on the EC shall
also include a representative from each of the following:the City of Atascadero, the County of
San Luis Obispo,and the other small water system entities who are signatories to this
Agreement. The Forming Parties and Participating Parties shall nominate or appoint Voting
Representatives to the EC in accordance with all legal requirements promptly and without delay.
All individual representatives serving on the EC, including alternate representatives, shall
annually file a statement of Economic Interests with the office of the County of San Luis
Obispo's Clerk-Recorder.
4.1.2 Non-Voting Representatives. The term "Non-Voting Representatives"
means the representatives on the EC that are not eligible to vote on business and affairs of the
Agency. The Non-Voting Representatives on the EC shall include representatives from the
following: rural residential at-large,agricultural at-large and environmental at-large.
4.1.3 Representatives. The term "representatives"(used singular or plural
within the Agreement)includes both Voting Representatives and Non-Voting Representatives.
4.2 Duties of the EC. The business and affairs of the Agency, and all of its powers,
including without limitation all powers set forth in Article 3, shall be exercised by and through
the EC, except as may be provided pursuant to this Agreement,the Agency Bylaws,the GSP, or
by specific action of the EC.
4.3 Appointment of Representatives to the EC. The representatives to the EC shall be
appointed as follows:
4.3.1 The representative appointed by the Atascadero Mutual Water Company
shall be a duly-elected Atascadero Mutual Water Company board member whose appointment
shall be confirmed by the City of Atascadero CityCouncil as described in this article. The
Atascadero Mutual Water Company shall appoint a representative for consideration by the City
of Atascadero. The City of Atascadero may either confirm the appointment or reject the
appointment and request that the Atascadero Mutual Water Company submit a different
appointee. The City of Atascadero shall not confirm a representative to represent the Atascadero
Mutual Water Company that has not been appointed by the Atascadero Mutual Water Company;
however,the City of Atascadero retains the absolute discretion to confirm or reject any
appointment and to remove any representative at any time. The City shall provide the
Atascadero Mutual Water Company with the reason(s)for rejecting the appointment or removing
a representative.
4.3.2 The representative appointed by the City of Atascadero City Council shall
be a duly-elected member of the city council.
4.3.3 The representative appointed by the City of Paso Robles City Council
shal I be a duly-elected member of the city council.
4.3.4 The representative appointed by the County of San Luis Obispo Board of
Supervisors shall be a duly-elected supervisor from any district that has Iegislative territory over
the Atascadero Basin.
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4.3.5 The representative appointed by the Templeton Community Services
District Board of Directors shall be a duly-elected board member of the Templeton Community
Service District.
4.3.6 The representative appointed by the Participating Parties who constitute
small water systems as identified in Part 1 ofExhibit A shall be a duly-elected board member
from one of the Participating Parties whose appointment shall be confirmed by the County of
San Luis Obispo Board of Supervisors as described in this article. The Participating Parties who
constitute small water systems shall appoint arepresentative for confirmation by the County of
San Luis Obispo. The County of San Luis Obispo may either confirm the appointment or reject
the appointment and request that the Participating Parties who constitute small water systems
submit a different appointee. The County of San Luis Obispo shall not confirm a representative
to represent the Participating Parties who constitute small water systems that has not been
appointed by the Participating Parties who constitute shall water systems; however, the County
of San Luis Obispo retains the absolute discretion to confirm or reject any appointment and to
remove any representative at any time.
4.3.7 The representative for agriculture at-large shall be appointed by the Voting
Representatives of the EC via an application process established by the EC.
4.3.8 The representative for environmental at-large shall be appointed by the
Voting Representatives of the EC via an application process established by the EC.
4.3.9 The representative for rural residential at-large shall be appointed by the
Voting Representatives of the EC via an application process established by the EC.
4.4 Alternate Representatives to the EC. One(1) alternate representative shall be
appointed for each of the Voting Representatives, so that there will be six(6)alternate
representatives altogether. All alternate representatives shall be appointed in the same manner as
set forth in Article 4.3. Alternate representatives shall have no vote and shall not participate in
any discussions or deliberations of the EC unless appearing as a substitute representative due to
an absence or a conflict of interest of the relevant Voting Representative. If the Voting
Representative is not present, or if the Voting Representative has a conflict of interest which
precludes participation by the Voting Representative in any decision-making process of the EC,
the alternate representative appointed to act in his/her place shall assume all rights of the Voting
Representative, and shall have the authority to act in his/her absence, including casting votes on
matters before the EC. Alternate representatives are strongly encouraged to attend all EC
meetings and stay informed on current issues before the EC. The EC is not obligated to appoint
alternate representatives for Non-Voting Representatives but may decide to do so in the future by
simple majority vote of the EC.
4.5 EC Representatives' Terms of Office. Voting Representatives do not have terms
and may be removed or reappointed at the discretion of the appointing Party. Each Non-Voting
Representative on the EC shall be appointed for a term of four(4)years. A Non-Voting
Representative may be removed during his or her term or reappointed for multiple terms at the
discretion of the appointing entity. No individual representative may be removed in any other
manner, including by the affirmative vote of the EC, unless appointed in such manner(i.e.,the
at-large representatives for agriculture, rural residential, and environmental).
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4.6 Vacancies on the EC. A vacancy on the EC shall occur when a representative
resigns or is removed during his or her term or at the end of the representative's term as set forth
in Article 4.5. Upon the vacancy of a Voting Representative, his or her alternate representative
shall serve as Voting Representative until a newVoting Representative is appointed as set forth
in Article 4.3. Each appointing entity shall provide notice in writing to the EC of any changes in
their respective Voting Representative oralternate representative positions.
4.7 Adjustment to the EC. Any Party to the Agreement may petition the EC to amend
this Agreement to add or delete representatives to the EC_
4.8 Support of EC. Voting Representative Parties will provide"in-kind' support to
the EC such as staff resources,information, and facilities as needed to carry out the objectives of
the EC, such as technical support.
ARTICLE S
OFFICERS
5.1 Officers. Officers of the Agency shall be a Chair,Vice Chair, Secretary and
Treasurer. The Vice Chair shall exercise all powers of the Chair in the Chair's absence or
inability to act,
5.2 Appointment of Officers. Officers shall be elected annually by, and serve at the
pleasure of, the EC. Officers shall be elected annually by simple majority vote at the first EC
meeting,and thereafter at the first EC meeting following February I"of each year, or as duly
continued by the EC. An officer may serve formultiple consecutive terms,with no term limit.
Any officer may resign at any time upon written notice to the EC,and may be removed and
replaced by a simple majority vote of the EC.
5.3 Principal Office. The principal office of the Agency shall be within the Agency's
boundaries as established by the EC and may thereafter be changed by a simple majority vote of
the EC.
ARTICLE 6
EC MEETINGS
6.1 Initial Meeting, The initial meeting of the EC shall be hosted by the Templeton
Community Services District and held in Templeton,California. It is the will of the Parties to
arrange for the first meeting of the EC at the earliest time practicable after the Effective Date of
this Agreement.
6.2 Time and Place. The EC shall meet at least quarterly, at a date,time and place set
by the EC within the jurisdictional boundaries of one of the Forming Parties,and at such other
times as determined by the EC.
6.3 Special Meetings. Special meetings of the EC may be called by the Chair or by a
simple majority vote of the EC, in accordance with the provisions of Government Code Section
54956.
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6.4 Conduct. All meetings of the EC, including special meetings, shaI1 be noticed,
held and conducted in accordance with the Ralph M.Brown Act(Government Code §§ 54950 et
seg.).
6.5 Local Conflict of Interest Code. The EC shall adopt a local conflict of interest
code pursuant to the provisions of the Political Reform Act of 1974 (Government Code§§ 81000
et seq.)
ARTICLE 7
EC'VOTING
7.1 Quorum. Four(4) of the six(6) Voting Representatives shall constitute a quorum
for purposes of transacting affairs and business of the Agency, except that Iess than a quorum
may vote to adjourn the EC meeting.
7.2 EC Votes. EC Votes shall be proportioned as described in Part 2 of Exhibit A for
each Voting Representative. The voting tally from an actionable vote of the EC shall be the
summation of the voting proportion for each eligible Voting Representative in attendance at the
meeting for each aye and nay vote. A simple majority, as used throughout this Agreement, is a
decision based on the outcome that has more than fifty percent(50%)of the accumulated
proportioned votes of Voting Representatives in attendance and that are eligible to participate in
the vote. Part 3 of Exhibit A presents the EC Voting Matrix of Possible Outcomes, for the
purpose of an example,with all Voting Representatives in attendance and eligible to vote on an
actionable matter before the EC. A Voting Representative of the EC may be eligible to vote on
all affairs and business of the Agency unless disqualified because of a conflict of interest
pursuant to California law or the local conflict of interest code adopted by the EC.
7.3 Affirmative Decisions by the EC. Except as otherwise specified in this
Agreement, in the Agency Bylaws,or in the GSP, all affirmative decisions of the EC, including
election of EC officers, shall require a simple majority of the accumulated voting percentage of
the affirmative votes of the Voting Representatives in attendance at the EC meeting and
participating in voting on affairs and business of the Agency. If a Voting Representative and his
or her alternate representative are both disqualified from voting on a matter because of a conflict
of interest,those Voting Representative shall be excluded from the voting calculation.
Notwithstanding the foregoing,an accumulated affirmative voting percentage of at least a two-
thirds(2/3, 66.67%) super majority vote ofthe EC's Voting Representatives shall be required to
approve any of the following: (a) the Agency Bylaws; (b) the annual budget; (c)the GSP for the
Atascadero Basin or any amendment thereto; and(d)termination of the Agency. Time is of the
essence in filling the EC seats and all seats shall be filled promptly and without undue delay.
ARTICLE 8
AGENCY ADMINISTRATION,MANAGEMENT AND OPERATIONS
The EC may select and implement an approach to Agency administration and
management that is appropriate to the circumstances and adapted to the Agency's needs as they
may evolve over time. The EC,or one or more of the Parties as may be decided by the EC,may
procure services on behalf of the Agency in accordance with California law. Details of the EC's
decision on Agency administration, management and operation shall be incorporated into the
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Agency Bylaws and reviewed and revised using the established process for revising the Agency
Bylaws.
ARTICLE 9
BYLAWS
The EC shall cause to be drafted, approve and amend Bylaws of the Agency to govern
the day-to-day operations of the Agency. The Agency Bylaws shall be adopted at or before the
first year anniversary of the EC's first meeting.
ARTICLE 10
ADVISORY COMINUTTEES
The BC may from time to time appoint one or more advisory committees or establish
standing or ad hoc committees to assist in carrying out the purposes and objectives of the
Agency. The EC shall determine the purpose and need for such committees and the necessary
qualifications for individuals appointed to them.
ARTICLE 11
ACCGIAVTENG PRACTICES
11.1 General. The Agency shall maintain strict accountability of all funds and a report
of all receipts and disbursements of the Agency.
11.2 Fiscal Year. Unless the EC decides otherwise,the fiscal year of the Agency shall
run concurrent with the calendar year.
11.3 Basis of Operating Costs. The Parties intend to operate the Agency on a cash-
basis through funding provided by the Parties. The Agency shall not incur any debt nor borrow
money through any commercial financial product without amending this Agreement.
11.4 BookkeepingPPartrty. The Party that manages the Agency's budget(`Bookkeeping
Party") shall receive and distribute monies and shall manage the budget for the costs and
expenses incurred by the Agency. The Bookkeeping Party shall be a Party to this Agreement.
The Atascadero Mutual Water Company shall be the initial Bookkeeping Party of the Agency
until such time as the EC adopts a change in the Party assigned to serve as the Bookkeeping
Party. Procurement for professional services for the development of the GSP that are subject to
reimbursement by the Parties pursuant to Article 12 shall follow the policies adopted by the
governing body of the Bookkeeping Party. Upon written request,Bookkeeping Party shall
provide to any Party,promptly and without undue delay, documents and other information
needed for an audit or any other accounting purpose.
ARTICLE 12
BUDGET AND EXPENSES
12.1 Budget Management_by the Bookkeeping Pagy and Agreement to Reimburse The
Bookkeeping Party agrees to manage the budget for the costs and expenses incurred by the
Agency pursuant to this Agreement in association with, such as, contracting for professional
services required for the development of the GSP; provided, however,that such management
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functions and activities shall in no way imply or provide any authority to the Bookkeeping Party
to make any unilateral decision(s)related to the contracting for professional services or any other
matter under this Agreement. The Parties intend to reimburse the Bookkeeping Party for their
fair-share of Agency costs as determined and adopted by the EC. All Parties shall develop their
own independent policies, procedures, and funds necessary to fulfill the payment of their fair-
share obligation of repayment to the Bookkeeping Party for the affairs and business of the
Agency. The Bookkeeping Party shall issue an invoice to a Party for its fair-share obligation,
and the Party shall make payment within 45 calendar days of the invoice date. Notwithstanding
the foregoing,no Party shall have any mandatory obligation to reimburse the Atascadero Mutual
Water Company(the Party funding GSP development prior to the forming of the Agency)for
costs incurred prior to the Effective Date and no Party shall have any obligation to reimburse the
Bookkeeping Party for any costs incurred after the Effective Date unless and until such
reimbursement is approved by the governing body of the Party in its sole and absolute discretion.
The Bookkeeping Party thusly is not obligated to expend monetary resources and perform any
duties of the Agency until the other Parties have appropriated the funds from their governing
authorities to fulfill their fair-share obligation to fund the Agency. All Parties shall notify the EC
and the Bookkeeping Party, at or around the start of the Party's fiscal year,that they have
obtained appropriations through their governing authority to fund their fair-share obligation of
the Agency throughout the Agency's fiscal year.
12.2 Cost Allocation to the Parties. The EC will annually approve the Agency's fiscal
year budget of costs that the governing authority for each Party will consider appropriating and
funding as described within this Agreement. The fair-share cost allocation of costs shall be
proportioned to the Parties as presented in Table 1. The EC shall review the cost allocation upon
approval-of the GSP by D WR.
TABLE 1. Agency's Cost Allocation to the Parties
Party Variable Cost
Allocation
Atascadero Mutual Water Company 43-percent
City of Atascadero I-percent
C!ty of Paso Robles 22- ercent
County of San Luis Obispo 16-percent
Participating Parties who Constitute Small I-percent
Water Systems in aggregate)
Templeton Communi Services District 17- ercent
TOTAL 100-percent
ARTICLE 13
LIABILITY AND INDEMNITY
13.1 Liability and Indemnity Except to the extent that a Party takes an action as the
Agency's representative as expressly approved by the EC, no Party, nor any of its officers, its
employees, or its employees and contractors(collectively"Affiliates")of a Party, shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
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done by another Party under or in connection with this Agreement.The Parties further agree,
pursuant to California Government Code Section 895.4,that each Party shall fully indemnify and
hold harmless each other Party and its Affiliates from and against all claims, damages, losses,
judgments, liabilities, expenses,arising from any action taken or omitted to be taken, by such
indemnifying Party under this Agreement,except to the extent that a Party takes an action as the
Agency's representative as expressly approved by the EC. As to those actions for which a Party
takes an action as the Agency's representative as expressly approved by the EC,,the Parties may
determine appropriate allocations ofrisk and indemnifications prior to the EC's approval of the
action. The EC may not require a Party to take an action as the Agency's representative that may
result in the Party having liability under this Article 13.1 without the Party's consent.
13.2 Withdrawal. Any Party may unilaterally withdraw from this Agreement effective
upon sixty(50) calendar days written notice to the remaining Parties and the EC.
13.3 Effect of Withdrawal. When a Forming Party or the Atascadero Mutual Water
Company unilaterally withdraws from this Agreement without a concurrently executed
agreement with one of the other Forming Patties authorizing such other Forming Party to
participate in the Agency over the withdrawing Party's jurisdiction that overlies the Basin, or a
GSA coordination agreement as defined by the SGMA,this Agreement will terminate. When a
Participating Party other than the Atascadero Mutual Water Company unilaterally withdraws
from this Agreement, it will not terminate this Agreement and may only affect the information
presented in Exhibit A, said exhibit may be changed and distributed to the remaining Parties by
simple administrative correspondence approved by the EC. Any Party who withdraws shall
remain obligated to pay its share of all properly authorized liabilities and obligations incurred or
accrued by or on behalf of the Agency in accordance with this Agreement prior to the notice date
of such withdrawal in accordance with Articles 12 and 13.
13.4 Termination of Agency. This Agreement and the Agency can be terminated by
super majority of the EC, provided that each Party shall remain obligated to pay its share of all
properly authorized liabilities and obligations incurred or accrued by or on behalf of the Agency
in accordance with this Agreement prior to the notice date of such withdrawal in accordance with
Articles 12 and 13.
13.5 Return of Contribution. Upon termination of this Agreement,any surplus money
on-hand shall be returned to the Parties in proportion to their contributions made.
ARTICLE 14
NISCELLANE®US PROVISIONS
14.1 No Predetennination or irretrievable Commitment of Resources. Nothing herein
shall constitute a determination by the Agency orany Parties hereto that any action shall be
undertaken,or that any unconditional or irretrievable commitment of resources shall be made,
until such time as the required compliance with all local, state or federal laws, including without
limitation, the California Environmental Quality Act(Public Resources Code §§ 21000 et seq.),
or permit requirements, as applicable, has been completed and funding has been approved by the
relevant governing body.
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I4.2 Notices. Notices to a Party shall be sufficient if delivered to the respective
representative or clerk of the Party. Delivery may be accomplished by U.S.Postal Service,
private mail service or electronic mail.
14.3 Amendment. This Agreement may be amended or modified at any time only by
subsequent written agreement approved and executed by all of the Forming Parties, and said
amendment shall become effective on the date it is executed by the last Forming party. An
Participating Party may execute the amendment atany reasonable time offered the amendment.
14.4 Entire Agreement. This Agreement constitutes the full and complete agreement
and understanding of the Parties with respect to the subject matter contained herein. This
Agreement supersedes all prior agreements and understandings,whether in writing or oral,
related to the subject matter of this Agreement that are not set forth in writing herein.
14.5 Severability. If any provision of this Agreement is determined to be invalid or
unenforceable, the remaining provisions will remain in force and unaffected to the fullest extent
permitted by law and regulation.
14.6 Successors and Assignment. A successor to a Party's rights and obligations shall
succeed to that Party's rights and obligations under this Agreement. The rights and duties of a
Party may not be assigned or delegated except to a successor to that Party's general rights and
obligations created or designated under the Iaws governing that Party. Any attempt to assign or
delegate such rights or duties in contravention of this Agreement shall be null and void.
14.7 PaLty Authorization. The governing bodies of the parties have each authorized
execution of this Agreement, as evidenced by their respective signatures below.
14.8 Effective Date. The Effective Date is the date that the last Forming Party
executed this Agreement.
14.9 Countemarts. This Agreement may be executed in several counterparts, each of
which shall be regarded as an original and all which shall constitute one and the same document.
[SIGNATURES ON]FOLLOWING PAGESI
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PARTICIPATING PARTIES
ATASCADERO MUTUAL,WATER COMPANY
APPROVED AS TO FORM AND LEGAL EFFECT
By: By:
Title: Title:
Date: Date:
APPROVED AS TO FORM ARID LEGAL�CT
By: By:
Title: Title:
Date: Date:
APPROVED AS TO FORM AND LFGAL EFFECT
By: By:
Title: Title:
Date: Date:
APPROVED AS TO FORM AND LFGAL EFFECT
By: By:
Title: Title:
Date: Date:
Filename:GSA MOA Atascadero Basin(FINAL 170406) Page 13
E,XHIBIT A
PARTIES AND EXECUTIVE COIt'IWT'I'EE OF THE
ATASCADERO BASIN GROUNDWATER.SUSTAINABILITY AGENCY
Filename:GSA MOA Atascadero Basin(FIS!AL I70406)
EXHIBIT A to the Momorandum of Agreament forming tho Atascadero Basin Groundwater Sustainability Agency
PART 2-Executive Committee of tho Ataseadero Basin Oroundvvater Sustainablllty Aaenev
PART 1-Parties of the Atascadero Basin Groundwater SuMalnabinty Aacnev
Vq(jazaepLegQf�a the E"C', a Commkfec
FORMWQ PARTIES
Large Wafr systems(eystems ni'h mom ton 2.600 acl.w s rotor service wnna0Dm) OIMr R•pra••rtauve•(waa wr7r)
ltraa Water System Rep dewti.n(20%Vem Each)
CrryofPaso Robles (10.67%Voa) (13.31%vote1 110%vote)
TernialetonCommunity ServresDisbict Au•ew3/n T•agtaeon County orsan C d Rvq-.Wtl-
IAecalWassr CRY°f Pew Cunm'Cm,dy (L-SUIshISM1u4ODIs7w AasrJd•ro ler Ods•rBman
Land Uler9m►Il Water Sy.t•vas Cempanr Aobk. Saav;ces lautt waNr Sysx.-1) (land llsa) wwreyam•
City K A'ascedero
Chanty of San Luis Ob'spo
floo,VONnp RepmSentallves of the FrcrufNo CommWee(No Votes]
P96J1FfPAj]NfiPAR F7ES
Rural Res'daNlal I Agdc_1[ural Emlronmentet
Large Water Systema(6y61ems a/21 m0-s t17n 2.500 acl'.ve v ter smco wn1104t10f13) 111 La AtLa U Ald.xye
Atascednro Mua al Water Company - RepresentelSvr ReprosonLsuro ROPr.sc ntnlvo
Otha,S-11 Wear Sya1r (Ist mey be psOlal,end Ie subject 10 chtmge)
Atascadero state Hospla Na.:
Garden Farms Commurilty Water District RohrteIv9:l./,'uuasweCG .iia•antTerhslal&moonG•oua,forCk.-SM,enI'm appointmentdMr,-M11A1K-and aermele'ep'eaerWa s
Sena Meryedte RsnUt Mutes)Webr Compony Wr the VOLN RCp1Cse11;W4s aru IM eppol-daerid ow Mp is tat ses forme NO VOEng Rcprcamutvos.
Salta Ysabal Ranch Mutual Water ConWny
Temptetcn Cemotary D�s:dtt
Walntt Nils Mutual Water Company
PART 3-Famitiv0 Corllmittoe17ot(pRltatrltc oiPosslble Outcomes fAll Reprewmaltv0s In A"ondance anll Llltr)bro
64r�ro simple
Eargc l U3 ge 2 1ar9K 3 Co'..ory Auscedero Other. Voa San Vote Sum hajomy L]rOt l Lampe 2 Lampe 3 C.-ty Ataw dere otbers Vete Sum Vote Sum M•jodty
20.00: 20.Oof. mos,% Me". 17.33% 14.00% U.A No Na v susdl 20.70% 20.00% Sano% 16.87% 13.33% 10.00% YesNo ) P..Tall
r !' Y Y Y Y 100.00% 0.00% Pass Y N N Y Y Y 60.00% M. ass
Y Y Y Y Y N 90.00% 70.00% Pass 1 N N Y Y N Sa00% 60A0% Fal
Y Y Y Y N Y 8&671 13.33% Pose V' N N Y N Y 45.67% 53,33% FYI
Y Y Y \ Y Y .83.33% 7067% Pass Y ti N N Y Y 43.33% 56.67% IMI
Y Y Y Y N N 76.67% 23.33% Pass Y N N Y N N 3&87% e3.33% F971
Y Y V V Y N r3.n% 26.117% Par. Y N N N Y N 33.33% 6667% FYI
Y Y Y N N Y 70.00% 30DO% Pass Y N N N N Y 30.00% 7010% Fru
Y Y Y Y N N W W1`6 40Ac% Pass Y N, N N N N 20.00% 8QD0% Fal
Y Y N Y Y V 83.00'1 2000% Pass N h N Y Y Y 40.00% 60.00% Fan
Y Y N Y Y N 70.00% 30-OC% Pass N N N Y Y N 33.00% 70.00% Fait
Y Y N Y N Y 6&873: 3133% Pau N N N Y N Y 25.67% 7133% rau
Y Y N Y Y 6133% 36.G7% 1-ass ,\t N N N Y Y 23.31% Mel% Fad
Y Y N Y '1 N 56.67% 43X% Pats N N N Y N N 1067% 83.33% Fad
YY N N Y N 53.33% 4667% Pru N h N N Y N 1317% 8667% FYI
YI N N I Y M00% 50-00% Fel N K N N N Y SOLOQ% 9010% FW
V Y N N N' 40 OC% 60AMC Fd N N N N N N 0.00% 100.00% F.11
Fae-%IX•nBn A d Atss Oasts GSA r3P1 Fy03
EXMIT B
BOUNDARY MAP OF THE
ATASCADER®BASIN GROUNDWATER SUSTAINABILITY AGENCY
Filename:GSA MOA A=adero Basin(FINAL 170406)
Exhibit B - Boundary Map of the Atascadero Basi QEKNJK9ER s-2
DATE GalJ9t17
Groundwater Sustainability Agency A'.TACHMENT
`I WeVnut Haus MVVC �'
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3
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Santa Marparta Ranch MYJC
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Legend
Atascadero Stale Hospital - - Rinconada Fault
Atascadero Mutual Water Company Salinas River
City of Paso Robles % Basin Intersect City of Atascadero
® Garden Farms Water District ® Basin Intersect Paso Robles
- Santa Margarita (CSA 23) `___; City of Atascadero City Limits
- Santa Margarita Ranch Mutual Water Atascadero Basin and the GSA
Santa Ysabel Ranch Mutual Water i Boundary(DWR Basin No. 3-004.11)
Templeton Cemeterj District
Templeton Community Services District t
0 0.75 1.5 3
® Walnut Hills Mutual Water Company Maes , Date 4ro:201?
6