Eastern Municipal Water District
California

Action/Info Item
4252

Approve and Authorize First Amendment to an Existing Purchase and License Agreement with Nuevo Meadows Land Company, LLC, for the Acquisition of Excess Soil from EMWD's Skiland Ponds

Information

Department:Plan of Service DivSponsors:
Category:Action/Info ItemMeeting Workflows:Board Planning Committee Workflow

Background

In May 2005, the District entered into a soil export and license agreement with Rio Bravo Development Company, LLC.  The agreement was subsequently assigned to PCCP Nuevo Lakes, LLC (PCCP).  The agreement expired in 2010, without implementation.

 

In 2015, Nuevo Meadows Land Company, LLC (NMLC), through its member PCCP, approached the District to renew the expired agreement (Subject Agreement). Subsequently, EMWD’s Board of Directors approved and authorized the Subject Agreement in October 2015.

 

The Subject Agreement allows for the export of excess soil from the District’s Skiland Pond during maintenance operations to an adjacent proposed project site which PCCP has conveyed to NMLC, namely, Tentative Tract Map 36635 (TTM 36635) as depicted in Exhibit A.  The soil will be used to raise the proposed pad elevations above the delineated flood-plain.  In addition, the agreement allows the export of up to 850,000 cubic yards, with a purchase price of $1.50 per cubic yard.  Furthermore, the agreement calls for NMLC to make a one-time payment of $25,000 towards EMWD’s annual maintenance related to the Skiland property.  The terms of the agreement specify that NMLC is responsible for obtaining all necessary permits and CEQA clearances prior to commencing work.  NMLC is also required to obtain EMWD’s approval of the proposed grading plan, to ensure slope protection and the restoration of satisfactory conditions on District property.

 

The Subject Agreement will expire upon the completion of the grading and soil export operations, but no later than November 1, 2020, unless extended by mutual agreement of the parties. To date, NMLC has not initiated grading and soil export operations in accordance with this agreement. Currently, NMLC is processing revisions to TTM 36635 with the County of Riverside, and therefore requires additional time to complete this process. NMLC asked EMWD to process a first amendment to the Subject Agreement as depicted in Exhibit B, extending the expiration date by one year, to November 1, 2021, provided that on or before October 1, 2020 NMLC has:

 

  1. Submitted facility plans and required plan check deposits to EMWD, for TTM 36635;
  2. Submitted required grading plans and plan check deposits to EMWD, for the soil export operations contemplated in the Subject Agreement; and
  3. Obtained any and all required permits and environmental clearances from jurisdictional agencies.

 

No appropriation of funds is requested as a result of this agreement.

Financial/Strat Plan/Enviro

FINANCIAL IMPACT:

There is anticipated revenue of up to $1.275 million related to the sale of excess soils.  In addition, there will be a one-time payment of $25,000, upon completion of the soil export and grading operations.

 

STRATEGIC PLANNING GOAL/OBJECTIVE:

Provide safe, reliable and cost-effective water supply portfolio that is sustainable and achieves an optimum balance of water resources including imported water, surface water, groundwater, wastewater treatment, reuse and resource recovery.

 

ENVIRONMENTAL IMPACT:

This item is not a project as defined in the California Environmental Quality Act Code of Regulations, Title 14, Chapter 3, Section 15378.

Recommendation

Approve and authorize the General Manager to execute first amendment to an existing purchase and license agreement with Nuevo Meadows Land Company, LLC, for the acquisition of excess soil from EMWD's Skiland Ponds.

Meeting History

Feb 13, 2020 3:30 PM  Board Planning Committee Regular Meeting
draft Draft
RESULT:RECOMMENDED FOR APPROVAL
Feb 19, 2020 3:00 PM  Board of Directors Special Meeting
draft Draft
RESULT:APPROVED [UNANIMOUS]
MOVER:Stephen J. Corona, Board Member
SECONDER:David J. Slawson, Board Member
YES:Ronald W. Sullivan, Philip E. Paule, Stephen J. Corona, Randy A. Record, David J. Slawson






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