COUNTY OF LOS ANGELESfile.lacounty.gov/SDSInter/bos/bc/038725_WWD21KagelCyn.pdf · county of los...

COUNTY OF LOS ANGELESDEPARTMENT OF PUBLIC WORKS

'To Enrich Lives Through Effective and Caring Service"

DONALD L. WOLFE, Director

900 SOUTH FREMONT A VENUEALHABRA, CALIFORNA 91803-1331

Telephone: (626) 458-5100ww.ladpw.org

ADDRESS ALL CORRSPONDENCE TO:P.O. BOX 1460

ALHAMBRA, CALIFORNA 91802-1460

January 12, 2006IN REPLY PLEASE

REFER TO FilE: W -0

The Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, CA 90012

Dear Supervisors:

LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 21, KAGEL CANYON,NEGATIVE DECLARATION FOR MEMORANDUM OF UNDERSTANDING FOR THEEXCHANGE OF WATER WITH THE CITY OF GLENDALE AND THE CITY OFLOS ANGELES THROUGH THE LOS ANGELES DEPARTMENT OF WATER ANDPOWER AND AUTHORITY TO EXECUTE THE MEMORANDUM OFUNDERSTANDINGSUPERVISORIAL DISTRICT 53 VOTES

IT IS RECOMMENDED THAT YOUR BOARD ACTING AS THE GOVERNING BODYOF LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 21, KAGEL CANYON:

1. Consider the enclosed Negative Declaration for the proposedMemorandum of Understanding for the Exchange of Water (see Exhibit Aof the enclosed Negative Declaration) between the Los Angeles CountyWaterworks District No. 21, Kagel Canyon (District); the City of Glendale;and the City of Los Angeles through the Los Angeles Department of

Water and Power (Los Angeles), find that the Memorandum ofUnderstanding for the Exchange of Water will not have a significant effecton the environment, that the Negative Declaration reflects the independentjudgment of the County, and approve the Negative Declaration.

2. Authorize the Director of Public Works, or his designee, to negotiate and

execute the proposed enclosed Memorandum of Understanding for theExchange of Water with Los Angeles and the City of Glendale.

The Honorable Board of SupervisorsJanuary 12, 2006

3. Find that the Memorandum of Understanding for the Exchange of Water

will have no adverse effect on wildlife resources and authorizePublic Works to complete and file a Certificate of Fee Exemption with theRegistrar-Recorder/County Clerk.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION

The purpose of this action is to authorize the Director of Public Works, or his designee,to execute a Memorandum of Understanding for the Exchange of Water that will allowthe District to receive up to 250 acre-feet of potable water per year from Los Angelesand will require the City of Glendale to provide equal quantities of replacement water toLos Angeles from the City of Glendale's stored groundwater credits in theSan Fernando Basin.

The District currently pays approximately $1,300 per acre-foot for emergency waterfrom Los Angeles. Under the Memorandum of Understanding for the Exchange ofWater, the District will pay to Los Angeles the sum of $200 per acre-foot for the cost oftreatment, delivery, metering, and billing services. The District will also pay to theCity of Glendale for each acre-foot of water a sum equal to the amount that the City ofGlendale would pay to buy water from the Metropolitan Water District of SouthernCalifornia. Based on the current Metropolitan Water District of Southern California'swater rate, the District's total new cost, including payment to Los Angeles, would be$653 per acre-foot. The Memorandum of Understanding for the Exchange of Water willprovide the District with water supply reliability and cost savings through

January 1, 2030, when the Memorandum of Understanding for the Exchange of Waterwill expire.

Implementation of Strateaic Plan Goals

The recommended action is consistent with the County Strategic Plan Goals of FiscalResponsibilty and Service Excellence by allowing us to purchase reliable, good qualitypotable water at a reasonable price to serve the District's customers.

FISCAL IMPACT/FINANCING

There wil be no negative fiscal impact as a result of this action.

The reduced water rates resulting from the execution of the proposed Memorandum ofUnderstanding for the Exchange of Water will save the District approximately$20,000 per year.


FACTS AND PROVISIONS/LEGAL REQUIREMENTS

Under the California Environmental Quality Act, any lead agency preparing a NegativeDeclaration must provide a public notice within a reasonable period of time prior tocertification of the Negative Declaration. To comply with this requirement, a PublicNotice was published in the San Fernando Valley Sun, the Los Anqeles Bulletin, andthe Metropolitan News Enterprise on September 1, 2005. Copies of the Negative

Declaration were provided to the Los Angeles Public Library, Lake View TerraceBranch, for public review. Notices were also mailed to agencies and interestedresidents affected by the proposed Memorandum of Understanding for the Exchange ofWater.

The public review period for the Negative Declaration ended on October 20,2005. Wereceived a letter in support of the Negative Declaration from Los Angeles and theCity of Glendale (see Exhibits C and D of the enclosed Negative Declaration).

Based upon the Initial Study of Environmental Factors, the Negative Declarationdetermined that the project will not have a significant effect on the environment.

Therefore, approval for the Negative Declaration is requested at this time.

Under the proposed Memorandum of Understanding for the Exchange of Water, theDistrict will continue to receive potable water from Los Angeles in a quantity not toexceed 250 acre-feet per year through the existing interconnection between the Districtand Los Angeles' water systems. The City of Glendale wil provide equal quantities ofreplacement water to Los Angeles from its stored groundwater credits in theSan Fernando Basin.

The District has consulted with County Counsel during the preparation of the proposedMemorandum of Understanding for the Exchange of Water and related environmentaldocuments. Prior to execution by the Director of Public Works, or his designee, theMemorandum of Understanding for the Exchange of Water will be executed byLos Angeles and the City of Glendale and approved as to form by County CounseL.

ENVIRONMENTAL DOCUMENTATION

The California Environmental Quality Act requires public agency decision makers todocument and consider the environmental implications of their action.

A fee must be paid to the California Department of Fish and Game when certain noticesrequired by the California Environmental Quality Act are filed with the


Registrar-Recorder/County Clerk. The County is exempt from paying this fee when theBoard finds that a project will have no impact on wildlife resources. The Initial Study ofEnvironmental Factors concluded that the proposed Memorandum of Understanding forthe Exchange of Water will have no adverse effects on wildlife resources.

Upon approval of the Negative Declaration by your Board, we will file a Certificate ofFee Exemption with the Registrar-Recorder/County Clerk. We will also file a Notice ofDetermination in accordance with the requirements of Section 21152(a) of the CaliforniaPublic Resources Code. A $25 handling fee wil be paid to theRegistrar-Recorder/County Clerk for processing.

IMPACT ON CURRENT SERVICES (OR PROJECTS)

Execution of this Memorandum of Understanding for the Exchange of Water wil haveno negative impact on current County services or projects.

CONCLUSION

Please return one adopted copy of this letter to Public Works, Waterworks and SewerMaintenance Division.

Respectfully submitted,

DONALD L. WOLFEDirector of Public Works

SK:lmBDL2204

Enc.

cc: Chief Administrative Office

Cou nty AssessorCounty Counsel

COUNTY OF LOS ANGELES - DEPARTMENT OF PUBLIC WORKS

NEGATIVE DECLARATION

WATER EXCHANGE AGREEMENT BETWEEN THE CITY OF GLENDALE,LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 21, KAGEL CANYON,

AND THE CITY OF LOS ANGELES THROUGH THELOS ANGELES DEPARTMENT OF WATER AND POWER

I. Project Description

The Los Angeles County Waterworks District No. 21, Kagel Canyon (District), willenter into an Exchange of Water Agreement (Agreement) with the City of Glendale(Glendale) and the City of Los Angeles (Los Angeles) through the Los AngelesDepartment of Water and Power (Draft Agreement is attached as Exhibit A). Underthis Agreement, the District wil continue to receive potable water from Los Angelesin a quantity not-to-exceed 250 acre-feet per year through an existing serviceconnection between the District and the Los Angeles Department of Water andPower. Glendale will provide equal amounts of replacement water to Los Angelesin the form of groundwater Stored Water Credits in the San Fernando Basin.Los Angeles will have the option to then pump this additional water to the extentpermitted under the Water Rights Judgment awarded in the City of Los Ange/es vs.City of San Fernando, et a/., Los Angeles Superior Court Case No. 650079.The District will compensate Glendale through Los Angeles for the water deliveredand pay Los Angelesfor the cost of treatment, delivery, metering, and billing of thedelivered water.

II. Findinq of No Siqnificant Effect

The project will not have a significant negative impact on the environment. Seeattached Initial Study.

III. Basis for Findinq of No Siqnificant Effect

Glendale will transfer a portion of its water credits to Los Angeles as replacementfor the potable water delivered to the District. Therefore, the proposed Agreementwill Jesuit in no net increase in pumping of groundwater from the San FernandoBasin. In addition, the implementation of the Agreement will not require

construction of new facilities or physical changes to the water systems involved.

Therefore, this Negative Declaration is filed pursuant to Section 15070 of theCalifornia Environmental Quality Act Guidelines.

Attach.

Page 1 of 5

INITIAL STUDY OF ENVIRONMENTAL FACTORS

1. Project Title

Water Exchange Agreement Between the City of Glendale, Los Angeles CountyWaterworks District No. 21, Kagel Canyon, and the City of Los Angeles through theLos Angeles Department of Water and Power.

2. Lead Aqency Name and Address

Los Angeles County Department of Public Works,Waterworks and Sewer Maintenance Division,P.O. Box 1460,

Alhambra, CA 91802-1460.

3. Contact Person and Phone Number

Ms. Eleni Hailu - (626) 300-3392

4. Project Location

The project location is the service area of the Los Angeles County WaterworksDistrict No. 21, Kagel Canyon (Exhibit B).

5. Project Sponsor's Name and Address

Los Angeles County Department of Public Works,Waterworks and Sewer Maintenance Division,P.O. Box 1460,

Alhambra, CA 91802-1460.

6. General Plan Desiqnation

N/A.

7. Zoninq

N/A.

Page 2 of 5

8. Description of Project

The Los Angeles County Waterworks District No. 21, Kagel Canyon (District), willenter into an Exchange of Water Agreement (Agreement) with the City of Glendale(Glendale) and the City of Los Angeles (Los Angeles) through the Los AngelesDepartment of Water and Power (Draft Agreement is attached as Exhibit A). Underthis Agreement, the Districtwill continue to receive potable water from Los Angelesin a quantity not-to-exceed 250 acre-feet per year through an existing serviceconnection between the District and the Los Angeles Department of Water andPower (LADWP). Glendale will provide equal amounts of replacement water to LosAngeles in the form of Groundwater Stored Water Credits in the San FernandoBasin. Los Angeles will have the option to then pump this additional water to theextent permitted under the Water Rights Judgment awarded in the City of LosAngeles vs. City of San Fernando, et al., Los Angeles Superior Court Case No.650079. The District will compensate Glendale through Los Angeles for the waterdelivered and pay Los Angeles for the cost of treatment, delivery, metering, andbilling of the delivered water.

9. Environmental Settinq and Surroundinq Land Uses

The District was originally established on December 9, 1935. The District currentlyoperates under a Domestic Water Supply Permit issued by the State Department ofHealth Services (DHS) on October 18, 1955.

The District is located in the Lake View Terrace area of North San Fernando Valley,and serves a population of approximately 978 customers in Kagel Canyon andadjacent unincorporated areas of Los Angeles County through 244 active serviceconnections (see Exhibit B). The District's service area spans roughly 134 acresand its distribution system consists of approximately seven miles of water mains.

The District uses two water supply sources, groundwater and purchased treatedwater, to serve its costumers. Groundwater extracted through three wells ownedand operated by the District, constitutes approximately 55 percent of the totalsupply. The remaining 45 percent of the District's water supply comes from treatedwater purchased from the LADWP through a 2-inch-diameter connection with theDistrict. .Because of persistent water quality problems with the District's groundwater wellsand the high cost of LADWP water, the District's water rates are currently very highin comparison to other local water purveyors. In recent years, the District hassought to improve the source water reliability while reducing the cost of the watersupply to its customers. The proposed Agreement will accomplish both objectivesby ensuring a reliable water supply to the District through the year 2030 at a costthat is approximately 50 percent of the current LADWP water rate.

Page 3 of 5

The proposed Agreement does not include any new construction of water façilities,infrastructure, or any other type of construction or land disturbance. The project,therefore, will not have any known environmental impacts to the project area.Furthermore, the project is not expected to induce growth through greater wateravailability, so there should not be economic, land use and planning, population andhousing, or public service effects.

10. Other Aqencies Whose Approval is Required (and Permits Needed)

City of Los AngelesCity of GlendaleCalifornia Department of Health Services - Drinking Water ProgramUpper Los Angeles River Area Watermaster

Page 4 of 5

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED

The environmental factors checked below would be potentially affected by this project, involving at least oneimpact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by thechecklist on the following pages.

Aesthetics _ Agriculture Resources

Cultural Resources

Public Services Recreation

_ Air Quality

_ Geology/Soils

_ Land Use/Planning

_ Population/Housing

_ Transportation/Traffic

_ Biological Resources

Hazards & Hazardous Materials

Mineral Resources

_ HydrologylWater Quality

Noise

_ Utilities/Service Systems _ Mandatory Findings of Significance

DETERMINATION: (To be completed by the Lead Agency)

On the basis of this initial evaluation:

-- i find that the proposed project COULD NOT have a significant effect on the environment, and aNEGATIVE DECLARATION will be prepared.

_i find that although the proposed project could have a significant effect on the environment, there will not

be a significant effect in this case because revisions in the project have been made by or agreed to bythe project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and anENVIRONMENTAL IMPACT REPORT is required.

_ I find that the proposed project MAY have a "potentially significant impact" or "potentially significantunless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed inan earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigationmeasures based on the earlier analysis as described on attached sheets. An ENVIRONMENTALIMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

_ I find that although the proposed project would have a significant effect on the environment, because all

potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTALIMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have beenavoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVEDECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required.

£Z. rJ~Signature

1cJ - 2h~ CJ 5Date

Eleni Hailu

Printed NameLos Anqeles County Department of Public WorksAgency

Page 5 of 5

EVALUATION OF ENVIRONMENTAL IMPACTS

EXCHANGE OF WATER AGREEMENT BETWEEN THE CITY OF GLENDALE,LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 21, KAGEL CANYON, AND THE

CITY OF LOS ANGELES THROUGH THELOS ANGELES DEPARTMENT OF WATER AND POWER

1) A brief explanation is required for all answers except "No Impact" answers that areadequately supported by the information sources a lead agency cites in the parenthesesfollowing each question. A "No Impact" answer is adequately supported if the referencedinformation sources show that the impact simply does not apply to projects like the oneinvolved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer shouldbe explained where it is based on project specific factors as well as general standards(e.g., the project will not expose sensitive receptors to pollutants based on a project specificscreening analysis).

2) All answers must take account of the whole action involved, including off-site as well ason-site, cumulative as well as project level, indirect as well as direct, and construction aswell as operational impacts.

3) "Potential Significant Impact" is appropriate if an effect is significant or potentially significant,or if the lead agency lacks information to make a finding of insignificance. If there are oneor more "Potential Significant Impact" entries when the determination is made, anEnvironmental Impact Report (EIR) is required.

4) "Less Than Significant With Mitigation Incorporation" applies where the incorporation ofmitigation measures has reduced an effect from "Potential Significant Impact" to a"Less Than Significant Impact." The lead agency must describe the mitigation measuresand briefly explain how they reduce the effect to a less than significant level (mitigationmeasures from Section XVIII, "Earlier Analysis," may be cross-referenced).

5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or otherCalifornia Environmental Quality Act process, an effect has been adequately analyzed in anearlier EIR or Negative Declaration. Section 15063(c)(3)(D). Earlier analyses are discussedin Section XViII at the end of the checklist.

6) Lead agencies are encouraged to incorporate into the checklist references to informationsources for potential impacts (e.g., general plans, zoning ordinances). See the samplequestion below. A source list should be attached and other sources used or individualscontacted should be cited in the discussion.

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ENVIRONMENTAL CHECKLIST FORM

EXCHANGE OF WATER AGREEMENT BETWEEN THE CITY OF GLENDALE,LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 21, KAGEL CANYON, AND THE

CITY OF LOS ANGELES THROUGH THE LOS ANGELES DEPARTMENT OFWATER AND POWER

Potential Less Than Less Than NoSignificant Significant Significant Impact

Impact With Mitigation ImpactIncorporation

I. AESTHETICS - Would the project:

a) Have a substantial adverse effect on a scenic vista? X

b) Substantially damage scenic resources, including,but not limited to, trees, rock outcrops, and historicbuildings within a State scenic highway? X

c) Substantially degrade the existing visual characteror quality of the site and its surroundings? X

d) Create a new source of substantial light or glarewhich would adversely affect day or nighttime viewsin the area? X

II. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmentaleffects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultureand farmland. Would the project:

a) Convert Prime Farmland, Unique Farmland, orFarmland of Statewide Importance (Farmland), asshown on the maps prepared pursuant to theFarmland Mapping and Monitoring Program of theCalifornia Resources Agency, to nonagriculturaluse? X

b) Conflict with existing zoning for agricultural use or aWillamson Act contract? X

c) Involve other changes in the existing environmentwhich, due to their location or nature, could result inconversion of Farmland to nonagricultural use? X

II. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or airpollution control district may be relied upon to make the following determinations. Would the project:

a) Conflict with or obstruct implementation of theapplicable air quality plan? X

b) Violate any air quality standard or contributesubstantially to an existing or projected air qualityviolation? X

c) Result in a cumulatively considerable net increaseof any criteria pollutant for which the project reççion X

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is nonattainment under an applicable Federal orState ambient air quality standard (includingreleasing emissions which exceed quantitativethresholds for zone precursors)?

d) Expose sensitive receptors to substantial pollutantconcentrations? X

e) Create objectionable odors affecting a substantialnumber of people? X

IV. BIOLOGICAL RESOURCES - Would the project:

a) Have a substantial adverse effect, either directly orthrough habitat modifications, on any speciesidentified as a candidate, sensitive, or special statusspecies in local or regional plans, policies, orregulations, or by the California Department of Fishand Game or U.S. Fish and Wildlife Service? X

b) Have a substantial adverse effect on any riparianhabitat or other sensitive natural communityidentified in local or regional plans, policies,regulations or by the California Department of Fishand Game or U.S. Fish and Wildlife Service? X

c) Have a substantial adverse effect on federallyprotected wetlands as defined by Section 404 of the

Clean Water Act (including, but not limited to,marsh, vernal pool, coastal, etc.) through directremoval, fillng, hydrological interruption, or othermeans? X

d) Interfere substantially with the movement of anynative resident, migratory fish, or wildlife species; orwith established native resident or migratory wildlifecorridors; or impede the use of native wildlifenursery sites? X

e) Conflict with any local policies or ordinances

protecting biological resources, such as a treepreservation policy or ordinance? X

f) Conflict with the provisions of an adopted HabitatConservation Plan; Natural CommunityConservation Plan; or other approved local,regional, or State habitat conservation plan? X

v. CULTURAL RESOURCES - Would the project:

a) Cause a substantial adverse change in thesignificance of a historical resource as defined inSection 15064.5? X

3

Potential less Than less Than NoSignificant Significant Significant Impact


b) Cause a substantial adverse change in the Xsignificance of an archaeological resource pursuantto Section 15064.5?

c) Directly or indirectly destroy a uniquepaleontological resource or site or unique geologicfeature? X

d) Disturb any human remains, including those interredoutside of formal cemeteries? X

Vi. GEOLOGY AND SOilS - Would the project:

a)Expose people or structures to potential substantial

adverse effects, including the risk of loss, injury, ordeath involving:

i) Rupture of a known earthquake fault, asdelineated on the most recent Alquist-PrioloEarthquake Fault Zoning Map issued by theState geologist for the area or based on othersubstantial evidence of a know fault? Refer toDivision of Mines and Geology SpecialPublication 42. X

ii) Strong seismic ground shaking? X

iii) Seismic-related ground failure, includingliquefaction? X

iv) landslides? X

b)Result in substantial soil erosion or the loss oftopsoil? X

c)Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of theproject, and potentially result in on- or off-sitelandslide, lateral spreading, subsidence,liquefaction, or collapse? X

d) Be located on expansive soil, as defined inTable 18-1-B of the Uniform Building Code (1994),creating substantial risks to life or propert? X

e) Have soils incapable of adequately supporting theuse of septic tanks or alternative wastewater

disposal systems where sewers are not available forthe disposal of wastewater? X

VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project:

a) Create a significant hazard to the public or theenvironment through the routine transport, use, ordisposal of hazardous materials? X

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b) Create a significant hazard to the public or the Xenvironment through reasonably foreseeable upsetand accident conditions involving the release ofhazardous materials into the environment?

c) Emit hazardous emissions or handle hazardous oracutely hazardous materials, substances, or wastewithin one-quarter mile of an existing or proposedschool? X

d) Be located on a site which is included on a list ofhazardous materials sites compiled pursuant toGovernment Code, Section 65962.5, and, as aresult, would it create a significant hazard to thepublic or the environment? X

e) For a project located within an airport land use planor, where such a plan has not been adopted, withintwo miles of a public airport or public use airport,would the project result in a safety hazard for peopleresiding or working in the project area? X

f) For a project within the vicinity of a private airstrip,would the project result in a safety hazard for peopleresiding or working in the project area? X

g) Impair implementation of or physically interfere withan adopted emergency response plan oremergency evacuation plan? X

h) Expose people or structures to a significant risk ofloss, injury, or death involving wildland fires,including where wildlands are adjacent to urbanizedareas or where residences are intermixed withwildlands? X

VIII. HYDROLOGY AND WATER QUALITY - Would the project:

a) Violate any water quality standards or waste

discharge requirements? X

b) Substantially deplete groundwater supplies orinterfere substantially with groundwater rechargesuch that there would be a net deficit in aquifervolume or a lowering of the lòcal groundwater tablelevel (e.g., the production rate of preexisting nearbywells would drop to a level which would not supportexisting land uses or planned uses for whichpermits have been granted)? X

c) Substantially alter the existing drainage pattern ofthe site or area, including through the alteration of

Xthe course of a stream or river, in a manner which

5



would result in substantial erosion or siltation on- oroff-site?

d) Substantially alter the existing drainage pattern ofthe site or area, including through the alteration ofthe course of a stream or river, or substantiallyincrease the rate or amount of surface runoff in amanner which would result in flooding on- or off-site? X

e) Create or contribute runoff water which wouldexceed the capacity of existing or planned stormwater drainage systems or provide substantialadditional sources of polluted runoff? X

f) Otherwise substantially degrade water quality? X

g) Place housing within a 1 DO-year flood hazard area

as mapped on a Federal Flood Hazard Boundary orFlood Insurance Rate Map or other flood hazarddelineation map? X

h) Place within a 1 DO-year flood hazard area structureswhich would impede or redirect flood flows? X

i) Expose people or structures to a significant risk ofloss, injury, or death involving flooding, includingflooding as a result of the failure of a levee or dam? X

j) Inundation by seiche, tsunami, or mudflow? X

IX. LAND USE AND PLANNING - Would the project:

a) Physically divide an established community? X

b)Conflict with any applicable land use plan, policy, orregulation of any agency with jurisdiction over theproject (including, but not limited to, the generalplan, specific plan, local coastal program, or zoningordinance) adopted for the purpose of avoiding ormitigating an environmental effect? X

c) Conflict with any applicable habitat conservationplan or natural community conservation plan? X

x. MINERAL RESOURCES - Would the project:

a) Result in the loss of availability of a known mineralresource that would be of value to the region andthe residents of the State? X

b) Result in the loss of availability of a locally-importantmineral resource recovery site delineated on a localgeneral plan, specific plan, or other land use plan? X

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XL. NOISE - Would the project result in:

a) Exposure of persons to or generation of noise levelsin excess of standards established in the localgeneral plan or ordinance or applicable standards ofother agencies? X

b) Exposure of persons to or generation of excessivegroundborne vibration or groundborne noise levels? X

c) A substantial permanent increase in ambient noiselevels in the project vicinity above levels existingwithout the project? X

d) A substantial temporary or periodic increase inambient noise levels in the project vicinity abovelevels existing without the project? X

e) For a project located within an airport land use planor, where such a plan has not been adopted, withintWo miles of a public airport or public use airport,would the project expose people residing or working

in the project area to excessive noise levels? X

f) For a project within the vicinity of a private airstrip,would the project expose people residing or workingin the project area to excessive noise levels? X

XII. POPULATION AND HOUSING - Would the project:

a) Induce substantial population growth in an area,either directly (e.g., by proposing new homes andbusinesses) or indirectly (e.g., through extension ofroads or other infrastructure)? X

b) Displace substantial numbers of existing housing,necessitating the construction of replacementhousing elsewhere? X

c) Displace substantial numbers of people,necessitating the construction of replacementhousing elsewhere? X

XIII. PUBLIC SERVICES

a) Would the project result in substantial adversephysical impacts associated with the provision ofnew or physically altered governmental facilities;need for new or physically altered governmentalfacilities; the construction of which could causesignificant environmental impacts in order tomaintain acceptable service ratios, response times,or other performance objectives for any of the public

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services:

Fire protection? X

Police protection? X

Schools? X

Parks? X

Other public facilities? X

XLV. RECREATION

a) Would the project increase the use of existingneighborhood and regional parks or otherrecreational facilities such that substantial physicaldeterioration of the facility would occur or beaccelerated? X

b) Does the project include recreational facilities orrequire the construction or expansion of recreationalfacilities which might have an adverse physicaleffect on the environment? X

XV. TRANSPORTATIONITRAFFIC - Would the project:

a) Cause an increase in traffic which is substantial inrelation to the existing traffic load and capacity ofthe street system (i.e., result in a substantialincrease in either the number of vehicle trips, thevolume to capacity ratio on roads, or congestion atintersections)? X

b) Exceed, either individually or cumulatively, a level ofservice standard established by the CountyCongestion Management Agency for designatedroads or highways? X

c) Result in a change in air traffic patterns, includingeither an increase in traffic levels or a change inlocation that results in substantial safety risks? X

d) Substantially increase hazards due to a designfeatu re (e.g., sharp curves or dangerousintersections) or incompatible uses (e.g., farmequipment)? X

e) Result in inadequate emergency access? X

f) Result in inadequate parking capacity? X

g) Conflict with adopted policies, plans, or programssupportinççalternative transportation (e.çç.,bus X

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turnouts, bicycle racks)?

XVI. UTILITIES AND SERVICE SYSTEMS - Would the project:

a) Exceed wastewater treatment requirements of theapplicable Regional Water Quality Control Board? X

b) Require or result in the construction of new water orwastewater treatment facilities or expansion ofexisting facilities, the construction of which couldcause significant environmental effects? X

c) Require or result in the construction of new stormwater drainage facilities or expansion of existingfacilities, the construction of which could causesignificant environmental effects? X

d) Have sufficient water supplies available to serve theproject from existing entitlements and resources, orare new or expanded entitlements needed? X

e) Result in a determination by the wastewatertreatment provider, which serves or may serve theproject, that it has adequate capacity to serve theproject's projected demand in addition to the

provider's existing commitments? X

f) Be served by a landfill with sufficient permittedcapacity to accommodate the project's solid wastedisposal needs? X

g) Comply with Federal, State, and local statutes andregulations related to solid waste? X

XVII. MANDATORY FINDINGS OF SIGNIFICANCE

a) Does the project have the potential to degrade thequality of the environment, substantially reduce thehabitat of a fish or wildlife species, cause a fish orwildlife population to drop below self-sustaininglevels, threaten to eliminate a plant or animal

community, reduce the number or restrict the rangeof a rare or endangered plant or animal, or eliminateimportant examples of the major periods ofCalifornia history or prehistory? X

b) Does the project have impacts that are individuallylimited, but cumu latively considerable?("Cumulatively considerable" means that theincremental effects of a project are considerable

when viewed in connection with the effects of pastprojects, the effects of other current projects, andthe effects of probable future projects.) X

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c) Does the project have environmental effects which Xwill cause substantial adverse effects on humanbeings either directly or indirectly?

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DISCUSSION OF ENVIRONMENTAL FACTORS

WATER EXCHANGE AGREEMENT BETWEEN THE CITY OF GLENDALE,LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 21, KAGEL CANYON,

AND THE CITY OF LOS ANGELES THROUGH THE LOS ANGELESDEPARTMENT OF WATER AND POWER

i. AESTHETICS - Would the project:

a) Have a substantial adverse effect on a scenic vista?

No impact. The proposed project does not include any new construction ofwater facilities, infrastructure, or any other type of construction or landdisturbance. Therefore, the project would not result in adverse impacts onscenic vistas.

b) Substantially damage scenic resources, including, but not limited to, trees,rock outcroppings, and historic buildings within a state scenic highway?

No impact. The proposed project would not substantially damage scenicresources. See I.a. above.

c) Substantially degrade the existing visual character or qualiy of the siteand its surroundings?

No impact. The proposed project would not substantially degrade the existingvisual character or quality of the site and its surroundings. See La. above.

d) Create a new source of substantial light or glare which would adverselyaffect day or nighttime views in the area?

No impact. The proposed project would not include additional lighting systemsor propose structures that could result in glare. See La. above.

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II. AGRICULTURE RESOURCES -In determining whether impacts to agriculturalresources are significant environmental effects, lead agencies may refer tothe California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Department of Conservation as an optional modelto use in assessing impacts on agriculture and farmland. Would the project:

a) Convert Prime Farmland, Unique Farmland, or Farmland of StatewideImportance (Farmland) as shown on the maps prepared pursuant to theFarmland Mapping and Monitoring Program of the California ResourcesAgency, to nonagricultural use?

No impact. The proposed project area is not used for agricultural purposes oras Farmland. Therefore, the project would not convert any Farmland tononagricultural use.

b) Conflct with existing zoning for agricultural use or a Willamson Actcontract?

No impact. There is no active agriculture and no Williamson Act issues in theproject area. Thus, the proposed project would not impact any existing zoningfor agricultural uses or cancellation of Williamson Act contracts.

c) Involve other changes in the existing environment which, due to theirlocation or nature, could result in conversion of Farmland tononagricultural use?

No impact. The proposed project does not involve changes in the existingenvironment that could result in the conversion of Farmland to nonagriculturaluse.

II. AIR QUALITY - Where available, the significance criteria established by theapplicable air qualiy management or air pollution control district may berelied upon to make the following determinations. Would the project:

a) Conflct with or obstruct implementation of the applicable air qualiy plan?

No impact. The proposed project does not include any construction or landdisturbing activities that would create air pollutants or require an air quality plan.Therefore, implementation of an air quality plan is not applicable for this project.

b) Violate any air qualiy standard or contribute substantially to an existing orprojected air qualiy violation?

No impact. The proposed project would not violate any air quality standard orcontribute substantially to an existing or projected air quality violation. See IIl.aabove.

-2-

c) Result in a cumulatively considerable net increase of any criteria pollutantfor which the project region is nonattainment under an applicable Federalor State ambient air qualiy standard (including releasing emissions whichexceed quantitative thresholds for ozone precursors)?

No impact. The proposed project would not result in a cumulativelyconsiderable net increase of any criteria pollutant for which the project region isnonattainment under any federal or state ambient air quality standard. See IIl.aabove.

d) Expose sensitive receptors to substantial pollutant concentrations?

No Impact. The proposed project would not expose sensitive receptors tosubstantial pollutant concentrations. See Ill.a above.

e) Create objectionable odors affecting a substantial number of people?

No Impact. The proposed project would not create objectionable odors.See IIl.a above.

IV. BIOLOGICAL RESOURCES - Would the project:

a) Have a substantial adverse effect, either directly or through habitatmodifications, on any species identified as a candidate, sensitive, orspecial status species in local or regional plans, policies, or regulations, orby the California Department of Fish and Game or U.S. Fish and WildlifeService?

No impact. The proposed project would not physically alter the project area inany way. Thus, the proposed project would have no impact on sensitive orspecial status species or their respective habitat.

b) Have a substantial adverse effect on any riparian habitat or other sensitivenatural community identified in local or regional plans, policies,regulations, or by the California Department of Fish and Game or U.S. Fishand Wildlife Service?

No impact. See IV.a above.

c) Have a substantial adverse effect on federally protected wetlands asdefined by Section 404 of the Clean Water Act (including, but not limited to,marsh, vernal pool, coastal, etc.) through direct removal, filing,hydrological interruption, or other means?


-3-

d) Interfere substantially with the movement of any native resident ormigratory fish or wildlife species or with established native resident ormigratory wildlife corridors, or impede the use of native wildlife nurserysites?


e) Conflict with any local policies or ordinances protecting biological

resources such as a tree preservation policy or ordinance?

No impact. The proposed project would not conflict with any local policies orordinances protecting biological resources. See IV. a above.

f) Conflct with the provisions of an adopted Habitat Conservation Plan;Natural Community Conservation Plan; or other approved local, regional,or State Habitat Conservation Plan?

No impact. The proposed project would not conflict with the provisions of anadopted Habitat Conservation Plan; Natural Community Conservation Plan; orother approved local, regional, or State Habitat Conservation Plan. See IV.aabove.

v. CULTURAL RESOURCES - Would the proiect:

a-d) Cause a substantial adverse change in the significance of a historicalor archaeological resource as defined in Section 15064.5; directly orindirectly destroy a unique paleontological resource, site, or uniquegeologic feature; or disturb any human remains, including thoseinterred outside formal cemeteries?

No impact. The proposed project doesnot involve any land alteration and thusno archaeological or paleontologic disturbances are possible within theproposed project scope. In addition, with no ground disturbing activitiesproposed, there would be no disturbances to potential burial sites or cemeteries.Therefore, there would be no impact on cultural resources.

-4-

Vi. GEOLOGY AND SOILS - Would the project:

a) Expose people or structures to potential substantial adverse effects,including the risk of loss, injury, or death involving:

i) Rupture of a known earthquake fault, as delineated on the most recentAlquist-Priolo Earthquake Fault Zoning Map issued by the stategeologist for the area or based on other substantial evidence of aknown fault? Refer to Division of Mines and Geology SpecialPublication 42.

No impact. The proposed project does not include any construction or landdisturbing activities. Therefore, the project would have no geologic orseismic impact on the project area.

ii) Strong seismic ground shaking?

No Impact. See Vl.a.i above.

ii) Seismic-related ground failure, including liquefaction?


iv) Landslides?


b) Result in substantial soil erosion or the loss of topsoil?


c) Be located on a geologic unit or soil that is unstable, or that would becomeunstable as a result of the project, and potentially result in on- or off-sitelandslide, lateral spreading, subsidence, liquefaction, or collapse?


d) Be located on expansive soil, as defined in Table 18-1-B of the UniformBuilding Code (1994), creating substantial risks to life or property?


-5-

e) Have soils incapable of adequately supporting the use of septic tanks oralternative waste water disposal systems where sewers are not availablefor the disposal of waste water?


VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project:

a) Create a significant hazard to the public or the environment through theroutine transport, use, or disposal of hazardous materials?

No impact. The proposed project does not involve the routine transport, use, ordisposal of hazardous materials.

b-c) Create a significant hazard to the public or the environment throughreasonably foreseeable upset and accident conditions involving therelease of hazardous materials into the environment or emit hazardousemissions or handle hazardous materials, substances, or wastes withinone-quarter mile of an existing or proposed school?

No impact. The proposed project would not involve potential explosives, wasteor any hazardous substances.

d) Be located on a site which is included on a list of hazardous materialssites compiled pursuant to Government Code, Section 65962.5, and, as aresult, would it create a significant hazard to the public or theenvironment?

No impact. The project site is not known to be a hazardous materials site.Therefore, the proposed project would not create a significant hazard to thepublic or the environment.

e) For a project located within an airport land use plan, or where such a planhas not been adopted, within two miles of a public airport or public useairport, would the project result in a safety hazard for people residing orworking in the project area?

No impact. The proposed project does not involve construction or landdisturbing activities within an airport land use plan orwithin a two-mile radius ofa public airport or public use airport. Therefore, the proposed project would notresult in safety hazards for people residing or working in the project area.

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f) For a project within the vicinity of a private airstrip, would the projectresult in a safety hazard for people residing or working in the project area?

No impact. The proposed project does not involve construction or landdisturbing activities in the vicinity of a private airstrip. Thus, the proposed projectwould have no impact relating to a safety hazard for people residing or workingin the project area.

g) Impair implementation of or physically interfere with an adoptedemergency response plan or emergency evacuation plan?

No impact. The proposed project would not impair or physically interfere withadopted emergency response or evacuation plans.

h) Expose people or structures to a significant risk of loss, injury, or deathinvolving wildland fires, including where wildlands are adjacent tourbanized areas or where residences are intermixed with wildlands?

No impact. The proposed project would not expose people or structures to anysignificant risks involving wildland fires. In fact, the project would improvereliability of water supply for fire protection in the project area. Therefore, theproposed project would not result in adverse impacts related to risks associatedwith wildland fires.

ViII. HYDROLOGY AND WATER QUALITY - Would the project:

a) Violate any water quality standards or waste discharge requirements?

No impact. The water provided by the Los Angeles Department of Water andPower to the Los Angeles County Waterworks District No. 21, Kagel Canyon, istreated potable water that meets all state and federal water quality standards. .In addition, the proposed project would not involve any discharges and thuswould not violate waste discharge requirements. Therefore, the project wouldhave no impact on the water quality standards or waste discharge requirements.

b) Substantially deplete groundwater supplies or interfere substantially withgroundwater recharge such that there would be a net deficit in aquifervolume or a lowering of the local groundwater table level (e.g., theproduction rate of preexisting nearby wells would drop to a level whichwould not support existing land uses or planned uses for which permitshave been granted)?

No impact. The proposed project would not influence the current groundwaterpumping activities in the project area. As a result, the project would not depletegroundwater supplies. Therefore, no impacts to groundwater supplies or

groundwater recharge are anticipated to occur.

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c-d) Substantially alter the existing drainage pattern of the site or area,

including through the alteration of the course of a stream or river, in amanner which would result in substantial erosion or silation on- or off-siteor substantially increase the rate or amount of sunace runoff in a mannerwhich would result in flooding on- or off-site?

No impact. The proposed project would not alter the present flow patterns.Therefore, the proposed project would have no impact on erosion, siltation, or onthe rate, or amount of surface runoff.

e) Create or contribute runoff water which would exceed the capacity ofexisting or planned storm water drainage systems or provide substantialadditional sources of polluted runoff?

No impact. The proposed project would not result in additional surface waterrunoff. Thus, there would be no impact on the existing or planned storm waterdrainage systems.

f) Otherwise substantially degrade water quality?

No impact. See VilLa. above.

g) Place housing within a 100-year flood hazard area as mapped on a FederalFlood Hazard Boundary or Flood Insurance Rate Map or other flood hazarddelineation map?

No impact. The proposed project would not place any housing within a1 OO-year flood hazard area.

h) Place within a 100-yearflood hazard area structures which would impedeor redirect flood flows?

No impact. The proposed project would not place any structures within a1 DO-year flood hazard area, which may impede or redirect flood flows.

i) Expose people or structures to a significant risk of loss, injury, or deathinvolving flooding, including flooding as a result of the failure of a levee ordam?

No impact. The proposed project would not expose people or structures to asignificant risk of loss, injury, or death involving flooding.

j) Inundation by seiche, tsunami, or mudflow?

No impact. The proposed project would not cause any inundation by seiche,tsunami, or mudflow.

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ix. LAND USE AND PLANNING - Would the project:

a) Physically divide an established community?

No impact. The proposed project does not include any new construction ofwater facilities, infrastructure, or any other type of construction or landdisturbance. Therefore, the project would have no impact on physically dividingan established community.

b) Conflict with any applicable land use plan, policy, or regulation of anagency with jurisdiction over the project (including, but not limited to, thegeneral plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect?

No impact. The proposed project does not conflict with any applicable land useplan, policy, or regulation of any of the agencies with jurisdiction.

c) Conflict with any applicable habitat conservation plan or natural

community conservation plan?

No impact. The proposed project would not conflict with any habitatconservation plan or natural community conservation plan adopted by anyagency or community.

X. MINERAL RESOURCES - Would the project:

a) Result in the loss of availabilty of a known mineral resource that would beof value to the region and the residents of the state?

No impact. The proposed project would not deplete any known mineralresources.

b) Result in the loss of availabilty of a locally important mineral resourcerecovery site delineated on a local general plan, specific plan, or otherland use plan?

No impact. The project site is not identified as a mineral resource recovery sitein the local general plan, specific plan, or other land use plan. Therefore, theproposed project would have no impact on locally important mineral resourcerecovery site.

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Xl. NOISE - Would the proiect result in:

a) Exposure of persons to or generation of noise levels in excess ofstandards established in the local general plan or noise ordinance, orapplicable standards of other agencies?

No impact. The proposed project does not involve any construction or grounddisturbing activities associated with the proposed project. Thus, there would beno noise impacts with project implementation.

b) Exposure of persons to or generation of excessive groundborne vibrationor groundborne noise levels?

No impact. See Xl.a. above.

c-d) A substantial permanent increase in ambient noise levels in the projectvicinity above levels existing without the project or a substantialtemporary or periodic increase in ambient noise levels in the projectvicinity above levels existing without the project?


e-f) For a project located within an airport land use plan or, where such a planhas not been adopted, within two miles of a public airport or public useairport, would the project expose people residing or working in the projectarea to excessive noise levels or for a project within the vicinity of aprivate airstrip, would the project expose people residing or working in theproject area to excessive noise levels?


XII. POPULATION AND HOUSING - Would the proiect:

a) Induce substantial population growth in an area either directly (e.g., byproposing new homes and businesses) or indirectly (e.g., throughextension of roads or other infrastructure)?

No impact. The proposed project is not expected to result in population growthin the area directly or indirectly.

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b-c) Displace substantial numbers of existing housing, necessitating theconstruction of replacement housing elsewhere, or displace substantialnumbers of people necessitating the construction of replacement housingelsewhere?

No impact. The proposed project would not displace substantial number ofresidents or houses, which would create a demand for additional housingelsewhere.

XIII. PUBLIC SERVICE

a) Would the project result in substantial adverse physical impacts

associated with the provision of new or physically altered governmentalfacilties, need for new or physically altered governmental facilties, theconstruction of which could cause significant environmental impacts inorder to maintain acceptable service ratios, response times, or otherperformance objectives for any of the public services: Fire protection,police protection, schools, parks, other public facilities?

No impact. The proposed project would not affect public service and would notresult in a need for new or altered governmental services in fire protection,police protection, schools, parks, or other public facilities.

XLV. RECREATION

a) Would the project increase the use of existing neighborhood and regionalparks or other recreational facilties such that substantial physicaldeterioration of the facilty would occur or be accelerated?

No impact. The proposed project would not increase the use of existingneighborhood or regional parks.

b) Does the project include recreational facilties or require the constructionor expansion of recreational facilties, which might have an adversephysical effect on the environment?

No impact. The proposed project does not include nor require the constructionor expansion of any recreational facilities.

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XV. TRANSPORTATION/TRAFFIC - Would the project:

a) Cause an increase in traffic which is substantial in relation to the existingtraffic load and capacity of the street system (i.e., result in a substantialincrease in either the number of vehicle trips, the volume to capacity ratioon roads, or congestion at intersections)?

No impact. The proposed project does not include any new construction ofwater facilities, infrastructure, or any other type of construction or landdisturbance. Therefore, there would not be an increase in traffic to the projectarea as a result of project implementation.

b) Exceed, either individually or cumulatively, a level of service standardestablished by the County Congestion Management Agency for designatedroads or highways?

No impact. See XV.a. above.

c) Result in a change in air traffic patterns, including either an increase intraffic levels or a change in location, that results in substantial safetyrisks?

No impact. See XV.a. above.

d) Substantially increase hazards due to a design feature (e.g., sharp curvesor dangerous intersections) or incompatible uses (e.g., farm equipment)?

No impact. The proposed project does not involve any design for new facilitiesor infrastructure. Therefore, the project would have no impact on hazards due todesign features. See XV.a. above.

e) Result in inadequate emergency access?

No impact. The proposed project would not result in inadequate emergencyaccess. See XV.a. above.

f) Result in inadequate parking capacity?

No impact. The proposed project would not result in inadequate parkingcapacity. See XV.a. above.

g) Conflct with adopted policies, plans, or programs supporting alternativetransportation (e.g., bus turnouts, bicycle racks)?

No impact. The proposed project would not conflict with adopted policies,plans, or programs supporting alternative transportation.

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XVi. UTILITIES AND SERVICE SYSTEMS - Would the project:

a) Exceed wastewater treatment requirements of the applicable RegionalWater Qualiy Control Board?

No impact. The project would not result in contamination or an increase indischarge of wastewater that might affect wastewater treatment.

b) Require or result in the construction of new water or wastewater treatmentfacilties or expansion of existing facilties, the construction of which couldcause significant environmental effects?

No impact. The proposed project would not result in the construction of newwater or wastewater treatment facilities.

c) Require or result in the construction of new storm water drainage faciltiesor expansion of existing facilties, the construction of which could causesignificant environmental effects?

No Impact. The proposed project would not result in the construction of newstorm water drainage facilities or expansion of existing facilities.

d) Have sufficient water supplies available to serve the project from existingentitlements and resources, or are new or expanded entitlements needed?

No impact. The proposed project would not result in a need for additional watersupplies. Therefore, the project would have no impact on existing water supplyentitlements and resources.

e) Result in a determination by the wastewater treatment provider, which

serves or may serve the project that it has adequate capacity to serve theproject's projected demand in addition to the provider's existingcommitments?

No impact. No increase in the number of wastewater discharge facilities wouldoccur as a result of the proposed project. Therefore, the proposed project wouldhave no impact on wastewater treatment.

- f-g) Be served by a landfil with sufficient permitted capacity to accommodatethe project's solid waste disposal needs and comply with federal, state,and local statutes and regulations related to solid waste?

No impact. The proposed project would not generate solid waste.

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XViI. MANDATORY FINDINGS OF SIGNIFICANCE

a) Does the project have the potential to degrade the qualiy of theenvironment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number orrestrict the range of a rare or endangered plant or animal, or eliminateimportant examples of the major periods of California history orprehistory?

No impact. Based on findings in this environmental review, the proposedproject does not have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish and wildlife species, cause a fish orwildlife population to drop below self-sustaining levels, threaten to eliminate aplant or animal community, or eliminate important examples of the major periodsof California history or prehistory. Therefore, the impact of the proposed projecton plant community is not expected to cause an adverse impact to theenvironment.

b) Does the project have impacts that are individually limited, butcumulatively considerable? ("Cumulatively considerable" means that theincremental effects of a project are considerable when viewed inconnection with the effects of past projects, the effects of other currentprojects, and the effects of probable future projects?)

No impact. The proposed project would not have impacts that are individuallylimited but cumulatively considerable.

c) Does the project have environmental effects which would causesubstantial adverse effects on human beings, either directly or indirectly?

No impact. The proposed project would not have a direct or indirect detrimentalenvironmental impact on human beings.

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EXHIBIT AMEMORADUM OF UNDERSTANDING

FOR THE EXCHANGE OF WATER

BETWEEN AND AMONG THE

CITY OF GLENDALE,LOS ANGELES COUNTY WATERWORK DISTRICT NO. 21, KAGEL CANON,

ANDCITY OF LOS ANGELES THROUGH

THE LOS ANGELES DEPARTMENT OF WATER AND POWER

THIS AGREEMENT is made and entered into by and between the CITY OF

GLENDALE, hereinafter referred to as "Glendale"; the LOS ANGELES COUNTY

WATERWORK DISTRICT NO. 21, KAGEL CANON, hereinafter referred to as

"District"; and the CITY OF LOS ANGELES through the LOS ANGELES DEPARTMENT

OF WATER AND POWER, hereinafter referred to as "Los Angeles." Glendale, District, and

Los Angeles shall collectively be referred to as the "Parties."

RECITALS

WHEREAS, District supplies water to customers in an unincorporated area of

Los Angeles County known as "Kagel Canyon", identified on the map attached hereto as Exhibit

A; and

WHEREAS, Glendale and Los Angeles share pumping rights and each have an account

for baned or stored water supplies in the San Fernando Basin under the terms of the Water

Rights Judgment, as that term is defined herein; and

WHEREAS, Glendale, Distrct, and Los Angeles agree to an exchange of water to

supply water to the District, under the terms and conditions specified herein; and

WHEREAS, Los Angeles has notified the Californa Departent of Health Services of

this Agreement.

NOW, THEREFORE, in consideration of the provisions and mutual promises herein

contained, IT IS AGREED:

1

I. DEFINITIONS

For puroses of this Agreement, the following definitions shall apply:

"Biling Period" means each two-month period of time during which Los Angeles

provided, and biled for, Delivered Water to the District.

"Delivered Water" means the amount of metered water actually delivered to the

District by Los Angeles through the WW21 Service Connection.

"MWD Rate" means the Metropolitan Water Distrct of Southern Californa, Tier 1

Full Service Treated Volumetrc Cost ($443 per acre-foot as of January 1, 2005). The

MWD Rate is updated each Januar 1.

"Stored Water Credits" means and refers to the credits for "Stored Water" (as

defined in Section 2.1 (36) ofthe Water Rights Judgment) in the San Fernando Valley

Basin, granted to Los Angeles and Glendale under the tenns of the Water Rights

Judgment.

"Stored Water Credit Account" means Los Angeles' and Glendale's respective

accounts of Stored Water Credits under the tenns of the Water Rights Judgment.

"Water master" means the Upper Los Angeles River Area (ULAR) Watennaster.

"Water Rights Judgment" means and refers to the judgment in the action entitled

City of Los Angeles v. City of San Fernando, et al., Los Angeles Superior Court Case

No. 650079, as may be amended from time to time.

"WWD 21" means the Distrct.

"WWD 21 Service Connection" means and refers to the existing Los Angeles

municipal water system metered service connection supplying the Distrct, presently

located at 11302 Kagel Canyon Street, bearng Los Angeles' Service

Number 3007949.

"Year" or "Agreement year" as used in this Agreement, means the period of time

commencing October 1 and ending September 30 of the following calendar year.

2

II. DELIVERY AND EXCHANGE OF WATER

A. Los Angeles wil deliver the quantity of water as may be accepted by the District

through the WW 21 Service Connection, in a quantity not to exceed 250 acre-feet per

year/1 08,900 biling unts per year (1 biling unit equals = 100 cubic feet). Glendale wil provide

equal amounts of replacement water to Los Angeles in the form of transfers of groundwater

Stored Water Credits in the San Fernando Basin. Distrct wil compensate Glendale, through Los

Angeles, in the maner set forth in Section III below, for the quantities of water delivered

(Delivered Water) through the WW 21 Service Connection, and pay Los Angeles for the

delivery, metering, and biling of the Delivered Water, also as set forth in Section IILA below.

B. Los Angeles wil receive from Glendale replacement water in the form of Stored

Water Credits. The amount of the Stored Water Credits shall be equivalent to the amount of

Delivered Water. With the assistance of the Watermaster, Glendale's Stored Water Credit

Account wil be debited, and Los Angeles' Stored Water Account wil be credited as set forth in

Section IILD below. Los Angeles will have the option to pump this water when it chooses to the

extent permitted under the Water Rights Judgment, by law, and by jurisdictional regulatory

bodies.

C. The Distrct shall take reasonable steps to ensure that the Delivered Water is used

only within the District's service terrtory limits.

D. The District shall accept from Los Angeles no greater quantity of water as its

customers may require for reasonable and beneficial uses, limited to residential and commercial

uses. Provided, however, that the maximum quantity of water delivered by Los Angeles to the

Distrct and the maximum amount of Stored Water Credits transferred from Glendale to

Los Angeles, by way of this exchange Agreement, shall not exceed 250 acre-feet per year.

E. All water taken by the Distrct from the service connection with Los Angeles shall

be water in a like condition to that served to other customers of Los Angeles.

3

F. Glendale shall have no obligation to Los Angeles, District or to the public with

respect to the Delivered Water, including, but not limited to: water service, water quality,

interrptions, pressure, maintenance, repairs, or biling matters. District and Los Angeles, jointly

and severally, shall indemnfy, defend, and hold harless Glendale, its offcers, agents and

employees against any claim, loss, or liability arsing out of or relating to the Delivered Water

and Delivered Water service.

III. PAYMENT, BILLING, AND ACCOUNTING FOR WATER CREDITS

A. District's Compensation to Glendale for Delivered Water

Following receipt of a Statement of Water Delivered (Statement) pursuant to

Section IILC below, District wil compensate Glendale by makng payment to Los Angeles, for

Glendale's account, for the Delivered Water at the MWD Rate in effect at the time of delivery of

the Delivered Water. In tur, Los Angeles wil be responsible for remitting to Glendale all

payments made by the Distrct for Glendale's account. Glendale's biling rate to the District

shall be adjusted automatically to any new MWD Rate, with a 30-day notice to District,

concurently with any change in the MWD Rate.

B. District's Payment to Los Angeles for Water Service

Following receipt of a Statement pursuant to Section III.C below, District wil pay

Los Angeles, for Los Angeles' own account, for the delivery, metering, and biling ofthe

Delivered Water at the rate of $200.00 per acre-foot. Additionally, and automatically, in the first

month of the Agreement year, the then-curent per acre-foot price for the delivery, metering, and

biling of the water delivered shall be multiplied by the percentage change in the consumer price

index (CPI) for the month of Januar ofthe then-curent agreement year for the Los Angeles-

Riverside-Orange County Indexes All Urban Consumers, published by the Bureau of Labor

Statistics of the U.S. Deparment of Labor, ITom the month of Januar of the previous year. The

resulting product shall be the new per acre-foot price for the delivery, metering, and billing ofthe

water delivered for next year. Los Angeles shall promptly notify the paries ofthe change. In no

event shall the per acre-foot price for the delivery, metering, and billng ofthe water delivered

for any year be less than the per acre-foot price for the expiring year.

4

C. Biling Procedure

For each Biling Period, Los Angeles shall invoice the District for the delivery

and metering of Delivered Water by the 30th day following the end of the Biling Period in

which the Delivered Water was delivered. Los Angeles shall concurently provide Glendale with

a copy of the invoice, along with a Statement. The Statement shall contain both: 1) the amount

of payment due to Glendale for Glendale's account for the Delivered Water durng the Billing

Period pursuant to Section IILA above; and 2) the amount of reimbursement due to Los Angeles

for Los Angeles' account for the Delivered Water durng the Billng Period under Section IILB

above. District shall reimburse Los Angeles for said items within 30 days of receipt ofthe

Statement. Failure by the District to timely pay the reimbursement can result in Los Angeles'

termination of this Agreement following 60 days' written notice of termination delivered to the

Distrct. Notwithstanding the foregoing, this Agreement shall not terminate if the failure to pay

is due to a dispute over the amount ofthe payment, in which case the Agreement wil continue

while the paries attempt to resolve said dispute. Upon request, Los Angeles shall provide

Glendale and/or District with copies of or access to any and all information and documentation

as may reasonably be required to verify the amount of Delivered Water or any information

contained in the Statement.

D. Water Rights Credits

Upon receipt of the District's full payment for Delivered Water durng the

previous Biling Period, Glendale shall transmit to the Watermaster and to Los Angeles a written

notice (Notice of Approval) in the form attached hereto as Exhibit "B" and incorporated herein

by this reference approving the transfer of Stored Water Credits from Glendale's Stored Water

Credit Account to Los Angeles' Stored Water Credit Account. Unless and until Glendale

affirmatively approves the Statement by submitting a Notice of Approval for each Biling Period,

no Stored Water Credits shall be transferred for that Biling Period.

Upon receipt of Glendale's Notice of Approval, the Watermaster wil account for

the exchange of Stored Water Credits by debiting Glendale's Stored Water Credit Account and

crediting Los Angeles' Stored Water Credit Account in an amount equal to the amount of

Delivered Water delivered to Distrct durng the preceding Billng Period, as reflected in the

Notice of ApprovaL. For puroses ofthe Watermaster's accounting under the Water Rights

5

Judgment, the transfer of Stored Water Credits shall reduce Glendale's Stored Water Credits

only, unless Glendale specifies otherwise in a wrtten notice to the Watennaster. The transfer of

Water Credits shall not be deemed to be a reduction of Glendale's accumulated import retu

water credits or an extraction of physical solution water under the Water Rights Judgment.

iv. BREACH

Each Pary's rights and obligations under this Agreement shall not be affected, excused

or delayed by any disputes between the other two paries or upon the Watennaster's refusal or

failure to proceed according to this Agreement.

The waiver of any Party of any breach of any provision ofthis Agreement shall not

operate or be constred as a waiver of any subsequent breach ofthat same or any other provision.

V. EFFECTIVE DATES/TERMINATION

This Agreement shall be effective on the date it is executed by all Paries and wil expire

by its own operation on January 1,2030, unless sooner tenninated as provided herein.

Notwithstanding the foregoing, Glendale shall have the right to reduce the quantity of water to

which the Distrct is entitled under this Agreement ftom 250 acre-feet anually to 150 acre-feet

anually upon providing six months' prior wrtten notice of said reduction to all other Paries. In

addition, Glendale shall have the right to tenninate this Agreement upon providing one year's

prior written notice oftennination to all other Parties. Also, notwithstanding the foregoing,

Los Angeles shall have the paramount right to tenninate this Agreement to the extent the Charer

of the City of Los Angeles requires Los Angeles shall have said right by law.

VI. INDEMNITY

Subject to paragraph II.F ofthis Agreement, and notwithstanding the provisions of

Governent Code Section 895 et. seq., each Pary shall indemnfy and hold harless every other

Pary, and its offcers, deparents, employees, agents and representatives, ftom and against any

and all claims, demands, losses, costs and/or liabilities which are due to and/or arse ftom any

6

acts, errors, or omissions of said Pary, its officers, deparments, employees or agents, occurng

in the performance of this Agreement.

VII. NOTICES

All notices provided under this Agreement must be in writing and, unless otherwise

provided herein, shall be deemed validly given on the date either: (1) personally delivered to the

address indicated below; or (2) on the third business day following deposit, postage prepaid,

using certified mail, retu receipt requested, in any U.S. Postal mailbox or at any U.S. Post

Offce; or (3) on the date of transmission by facsimile to the facsimile number provided below.

All notices, demands, or requests shall be addressed to the following:

Director of Water Resources

Los Angeles Deparment of Water and Power

111 N. Hope Street, Room 1460

Los Angeles, CA 90012

Facsimile: (213) 367-1131

Water Services Administrator

Glendale Water and Power

141 N. Glendale Avenue, Leve14

Glendale, CA 91206

Facsimile: (818) 552-2852

Director of Public Works

Los Angeles County Deparent of Public Works

Waterworks and Sewer Maintenance Division

900 S. Fremont Avenue

Alhambra, CA 91803

Facsimile: (626) 300-3385

7

Upper Los Angeles River Area Watermaster

ULAR Watermaster Offce

111 N. Hope Street, Room 1450

Los Angeles, CA 90012

Facsimile: (213) 367-0939

VIII. OTHER PROVISIONS

A. Any changes, modifications, deletions, alterations to, or extensions of this

Agreement must be in wrting, and signed by all Paries hereto.

B. No Party may assign, delegate, or otherwise transfer any of its benefits and/or

obligations under this Agreement. This Agreement is intended only for the benefit of the Paries

thereto and does not, nor shall it be interpreted to convey any benefits to any nonsignatory to this

Agreement. Any attempted assignent shall be void for all purposes and shall constitute a

material breach upon which any other Party may immediately terminate or suspend this

Agreement.

C. Should any part, term, or provision of this Agreement or any document required

herein to be executed be declared invalid, void or unenforceable, all remaining pars, terms, and

provisions hereof shall remain in full force and effect and shall in no way be invalidated,

impaired, or affected thereby.

IN WITNESS WHEREOF, the Paries hereto have caused this Agreement to beexecuted in triplicate.

DEPARTMENT OF WATER AND POWER OFTHE CITY OF LOS ANGELES BY

BOAR OF WATER AND POWER COMMISSIONERSOF THE CITY OF LOS ANGELES

Date: By:General Manager

And:Secretary

8

Approved "As to Form and Legality"Date: By:

Date:

Approved "As to Form"Date:

Date:

Approved "As to Form"Date:

By:Principal Deputy County Counsel

Deputy City Attorney

CITY OF GLENDALE

By:City Manager

By:Deputy City Attorney

LOS ANGELES COUNTY WATERWORKDISTRICT NO. 21, KAGEL CANON

By:

Director of Public Works

9

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DA TE DRAWN CHECK'DREV 1 S IONS

WATERWORKS AND SEWER MAINTENANCE DIVISION

DEPARTMENT OF PUBL i C WORKS

LOS ANGELES COUNTY DATE: 1i/ozWATERWORKS DISTRICT NO. 21 ORAWN SY J.KITTOKAGEL CANYON CHECKED BY

WATER DISTRIBUTION KEY INDEXSYSTEM

SCALE 1" LlOO'

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EXHIBIT Cltæ (Cnit (O~ Jl~ Æm~ænæ~

ANTONIO R. VILLARAIGOSAMayor

RONALD F. DEATON, General Manager

October 12, 2005

Mr. Donald L. WolfeDirector of Public WorksCounty of Los Angeles Department of Public WorksP.O. Box 1460Alhambra, California 91802-1460

Dear Mr. Wolfe:

Subject: Comments on Draft Negative Declaration and Initial Study on theproposed Water Exchange between the Los Angeles County WaterworksDistrict No. 21 and the Cities of .Glendale and Los Angeles

The Los Angeles Department of Water and Power (LADWP) has reviewed the draftNegative Declaration (ND) and Initial Study (IS) for the proposed water exchangebetween the Los Angeles County Waterworks District No. 21, the City of Glendale, andthe City of Los Angeles through LADWP. We concur that the proposed water exchangewill not have a significant negative impact on the environment and therefore support thefindings of the NO and iS.

We noticed that the Draft Memorandum of Understanding (MOU) for the waterexchange presented in Exhibit A contains an older version of the MOU. LADWPrequests that the final NO and IS contain the most recent version of the MOU(enclosed). The.inclusion of the older MOU has no bearing on the finding of the ND andiS and should not require the preparation of a new NO and IS.

If you have any questions, please contact Mr. Mario Acevedo of my staff at(213) 367-0932.

Sincerely,~.kThomas M. ErbDirector of Water Resources

MA:mm

Enclosure

c: Mr. Mario Acevedo

Water and Power Conservation... a way of lifeILL North Hope Street, Los Angeles, California 90012-2607 Mailng address: Box 51111, Los Angeles 90051-5700

Telephone: (213) 367-4211 Cable address: DEWAPOLA . ~~ii ma ff "'wa. '-

~' or GLl.'1D","¡,.!,.." 'Í(v:4:Jl1. .. . ~

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EXHIBIT 0CITY OF GLENDALE, CALIFORNIACity Attorney

613 East Broadway, Room 220

Glendale, California 91206-4394

(818) 548-2080 Fax (818) 547-3402www.ci.glendale.ca.us

October 20, 2005

Fred Pfaffle, Esq.Assistant County CounselCounty of Los AngelesPost Office Box 1460Alhambra, CA 91802-1460 .__'d'~

".

Re: Los Angeles County Waterworks D'istrict No. 21, Kagel CanyonWater Exchange Agreeme the Cities of Glendale and LosAngeles (Draft Negative Declaration and Initial Study)

Your File: W-O

Dear Fred:

The City of Glendale has reviewed the Draft Negative Declaration relative to theKagel Canyon Water Exchange Agreement referenced above. Glendale has nocOl1ments regarding the draft document other than the fact that the attachedversion of the Agreement (Exhibit A) is not the final version of the contract.

Very truly yours,~~Christine A.. odinezAssistant City AttomeyGlendale Water &, Power

Cc: Ignacio Troncoso, GWP Director

Peter Kavounas, GWP Water Services AdministratorJulie Conboy, Deputy City Attorney, LADWP

oWE RECYCL

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