2021-MAR-26 PRAR Response
Total Page:16
File Type:pdf, Size:1020Kb
March 26, 2021 VIA EMAIL: RE: Public Records Act Request Received March 17, 2021, Providing Documents Dear Mr. Fulmer, This letter responds to your request for records under the California Public Records Act (Gov. §§ 6250 - 6276.48), received via email on March 17, 2021. You requested the following information: Any and all contractual agreements, current and expired, between LACSD and the Arrowhead Lake Association (ALA). In response to your request above, District staff have located and are providing the responsive documents listed below, via email attachments. Agreements Between LACSD and ALA • 1997 MOU Regarding Watershed Cost Sharing • 2002 Agreement for Water Service • 2007 Agreement Regarding Protection of Beneficial Uses of Lake Arrowhead • 2008 Agreement to Install and Operate Groundwater Well No. 8 • 2012-2013, 2018 Reduced Fee Rental Agreement Weekdays & Off Season • 2015 Settlement and Mutual Release Agreement • 2019 S&T 7100 Evaluation ofApproaches to Determine Mixing and Assimilation ofReuse Effluent Project • 2020 Agreement Regarding Protection of Beneficial Uses of Lake Arrowhead If you have any questions concerning this letter, please feel free to contact me at (909) 336 -7117 or [email protected]. Sincerely, 11'~---~~J Kathleen Field Executive Assistant Cc: Catherine Cerri, General Manager Email attachments Water/Wastewater Systems P.O. Box 700 Lake Arrowhead, CA 92352 (909) 336-7100 (909) 337-3145 Fax MEMORANDUM OF UNDERSTANDING REGARDING WATERSHED MANAGEMENT COST SHARING BETWEEN LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT AND ARROWHEAD LAKE ASSOCIATION ' THIS ~MORANDUM OF UNDERSTANDING (M:OU) is entered into this Lf__.6day ~~ , 1997, by and between the Lake Arrowhead Comm -Se'es District, a public agency (DISTRICT) th whose fiscal year ends June 30 , and the Arrowhead Lake Association, a California non-profit corporation (ASSOCIATION), whose fiscal year ends st March 31 • RECITALS WHEREAS, the DISTRICT and the ASSOCIATION have a mutual primary interest in preserving the water quality and the water' supply associated with the Lake Arrowhead Watershed, and WHEREAS, mfurtherance ofsaid interests, the DIS'IRICT and the ASSOCIATION des:ire to participate in a cost-sharing arrangement for certain water quality and water supply projects associated with the protection and management ofthe Lake Arrowhead Watershed. NOW THEREFORE, the parties agree as follows: 1. ANNUAL BUDGET DEVELOPMENT . On or before February 1st ofeach year during the term ofthis MOU, representatives ofthe DISTRICT and ASSOCIATION shall jointly develop a watershed management budget (BUDGET), fully docrunenting the cost ofwatershed management water quality and supply activities (WATERSHED MANAGEMENT ACTMTIES) that are proposed to be performed by the DISTRICT and the ASSOCIATION during the upcoming BUDGET year. The BUDGET year is identified in Section (2) below. WATERSHED MANAGEMENT ACTMTIES are identified in Section (4) below. The BUDGET cost amounts for any given BUDGET year shall not exceed the maximum BUDGET cost amounts which are identified in Section (5) below. 2. BUDGET YEAR The BUDGET year shall be 1:l}e period July 1st of a given year, to June 30th ofthe subsequent year, which is consistent with the DISTRICT fiscal year. 3. APPROVAL OF THE BUDGET BY THF, l)ISTRICT BOARD. OF DIRECTORS AND THE ASSOCIATION BOARD OF DIRECTORS Each year during the term ofthis MOU, on or before the first day of their respective Fiscal Years, the DISTRICT Board ofDirectors and the ASSOCIATION Board ofDirectors will each respectively make a determination as to whether the DISTRICT and the ASSOCIATION approve the BUDGET for the upcoming BUDGET yeax-, The Budget, so approved, snail be reflected in the DISTRICT's and the ASSOCIATION's annual budget pursuant to the normal procedures for adoption ofthe DISTRICT's and the ASSOCIATION's annual budget. WATERSHED MANAGEMENT COST SHARING MOU JULY 9, 1997 PAGE 2 . ·------------- ------- 4. WATERSHED MANAGEMENT ACTIVlffiS TO BE INCLUDED IN THE BUDGET The DISTRICT and the ASSOCIATION agree that certain WATERSHED MANAGEMENT ACTMTIES are necessary to maintain the Lake Arrowhead Watershed as both a water supply and recreational water body. Such certain WATERSHED MANAGEMENT ACTIVITIES are identified in Exhibit 1 to this MOU. These certain WATERSHED MANAGEMENT ACTIVITIES are the only activities to be included in the BUDGET. No activities other than those included in Exhibit (1) shall be included in the BUDGET unless such activities are added to Exhibit (1) by an amendment to the MOU. Exhibit (1) a,lso sets forth the party that shall be responsible for performance ofspecific WATERSHED MANAGEMENT ACTIVITIES. 5. MAXIMUM BUDGET COSTAMOUNTS The DISTRICT and the ASSOCIATION agree that the BUDGET for WATERSHED MANAGEMENT ACTIVITIES identified in Exhibit (1) shall not be exceeded, except for a COST OF LIVING INCREASE, as identified in Section (6) below. The maximum amount for any WATERSHED MANAGEMENT ACTIVITY shall be referred to as the MAXIMUM BUDGET COST AMOUNT for that activity. :MAXIMUM BUDGET COST AMOUNTS are identified in Exhibit (2) to this MOU. The MAXIMUM BUDGET COST AMOUNTS identified in Exhibit (2) shall be updated annually, based on a COST OF LIVING INCREASE, as identified 111 Section (6) below. No MAXIMUM BUDGET COST AMOUNT identified in the .annually updated Exhibit (2) shall be exceeded :in the BUDGET unless such MAXIMUM BUDGET COST AMOUNT is increased by an amendment to the MOU. WATERSBEDMANAGEMENTCOSTSHAlUNGMOU JULY9, 1997 J>AGE3 ------------············--· () 6. COST OF LIVING INCREASE During February ofeach year during the term of this MOU, the MAXIMUM BUDGET COST AMOUNTS identified in Exhibit (2) shall be updated, based on a COST OF LIVING INCREASE. The COST OF LIVING INCREASE sball be based on the U.S. Department ofLabor, Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers, Percent Change for Los Angeles - Anaheim - Riverside, for the Year Ending the preceding January. Exhibit (2) shall be dated according to the month and year that it is updated in accordance with Section (5) and the updated Exhibit (2) sha11 replace the prior Exhibit (2). 7. PERCENTAGE OF COST SHARING BY THE DISTRICT AND THE ASSOCIATION The DISTRICT agrees that certain of the WATERSHED MANAGEMENT ACTMTIES identified in this MOU would need to be performed by the DISTRICT were it to maintain the Lake Arrowhead Watershed exclusively as a potable water supply. The ASSOCIATION agrees that certain ofthe WATERSHED MANAGEMENT ACTIVITIES identified in this MOU would need to be performed by the ASSOCIATION were it to maintain. the Lake Arrowhead Watershed exclusively as a recreational water body. The DISTRICT and the ASSOCIATION agree to share the costs ofthe certain WATERSHED MANAGEMENT ACTIVITIES identified in this MOU equally. Therefore the DISTRICT and the ASSOCIATION shall each contribute fifty percent (50%) ofthe total amount of each BUDGET. WATERSHED MANAGEM:ENT COST SHARING MOU JULY 9, 1997 PAGE 4 8. COSTS VARYING FROM THE AMllJNT ORIGINALLY BUDGETED~ APPROVAL OF BUDGET AMENDMENT BY THE DISTRICT AND TBE ASSOCIATION In the event that during any applicable BUDGET year, the anticipated costs to be incurred for the WATERSHED MANAGEMENT ACTMTIES included in the BUDGET are substantially greater than the approved BUDGET, the DISTRICT and the ASSOCIATION may develop an amendment to the BUDGET (BUDGET AMENDMENT). The BUDGET AMENDMENT shall be submitted to the DISTRICT Board ofDirectors and the ASSOCIATION Board ofDirectors for approval. Any such BUDGET AMENDMENT request shall be made by either party within a reasonable period oftime and in a diligent manner as soon as the applicable party makes such discovery and shall not be postponed until the end of such BUDGET year. The DISTRlCT Board ofDirectors and the .ASSOCIATION Board of Directors shall then in good faith consider the BUDGET AMEND:MENT. The BUDGET AMENDMENT shall not, however, exceed fue MAXIMUM BUDGET COST AMOUNT without an amendment to the MOU. If a party proceeds with WATERSHED MANAGEMENT ACTMTIES that exceed the approved BUDGET prior to approval of a BUDGET AMENDMENT, said party understands that those costs shall not be covered under this MOU . unless the BUDGET AMENDMENT is approved. WATERSHED MANAGEMENT COST SHARING MOU JULY 9, 1997 PAGE 5 9. PAYMENT Each year's BUDGET shall identify costs associated with DISTRICT performance ofcertain W ATERSH{;D MAINTENANCE ACTMTIBS and ASSOCIATION performance ofcertain WATERSHED MANAGEMENT ACTMTIES for that BUDGET year. The BUDGET shall further identify the total net amount due to either the DISTRICT or the ASSOCIATION for WATERSHED MANAGEMENT ACTMTIES for that BUDGET year, once the fifty percent (50%) cost sharing for all activities is calculated. By August 1 ofeach year the DISTRICT and the ASSOCIATION shall each provide a full accounting ofthe actual costs incurred related to the BUDGET for the prior BUDGET year, and a final amount due to either the DISTRICT or the ASSOCIATION, as appropriate, shall be· · · · ·· determined. Such amount due shall be paid by September 1. Should the final amount due exceed the BUDGET amount, an appropriate BUDGET-Alv.lENDMENT must be made, as identified fu Section (7). 10. INDEPENDENT PROJECTS OF THE DISTRICT All cons1:n,tction woi;~gp.ducted by the DISTRICT in the performance ofany ofthe WATERSHED MANAGEMENT ACTMTIES identified in this MOU shall be the sole and absolute responsibility ofthe DISTRICT. The ASSOCIATION shall not be responsible for any aspect ofthe WATERSHED MANAGEMENT ACTMTIES undertaken