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HomeMy WebLinkAboutCC Reso 2020-44 - Authorizing Application to Join Upper Russian River Water Agency RESOLUTION NO. 2020-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN APPLICATION TO JOIN THE UPPER RUSSIAN RIVER WATER AGENCY WHEREAS: 1. The City of Ukiah was incorporated as a general law city in 1876; and 2. The Upper Russian River Water Agency is a Joint Powers Authority, as defined by California Government Code section 56047.7, formed pursuant to Chapter 5 of Division 7 of Title 1 of the California Government Code (Sections 6500, ff) (the "Joint Exercise of Powers Act") and created through a joint powers agreement dated December 29, 2014 (the Joint Powers Agreement"); and 3. Article 11 of the Joint Powers Agreement provides for the "Addition of Constituents," which provides further that"[a]ny public agency that is a purveyor of water, or an operator of a sewer treatment or collection system, or both, which is located within the Russian River Watershed may apply to become a Constituent. The Board may approve the application, approve it with conditions or reject the application. The application shall be deemed completed when each of the governing bodies of the Constituents signifies ratification of the action of the Board and delivers such resolution to the Secretary of the Agency[]"; and 4. Article 1 defines "Constituents" to "refer[] to Willow [County Water District], Redwood Valley [County Water District], Calpella [County Water District] and Millview [County Water District]"; and 5. In addition to other rights to divert water, the City of Ukiah holds the two most senior municipal rights to divert water in the Ukiah Valley: a pre-1914 appropriative right and a 1954 appropriative right, and exercises its water rights to deliver water to its 16,000 residents and is therefore properly understood to be"a purveyor of water ... located within the Russian River Watershed"; and 6. The City of Ukiah provides wastewater collection and treatment for about two-thirds of the City's residents and operates its own wastewater treatment plant and is therefore properly understood to be "an operator of a sewer treatment or collection system ... located within the Russian River Watershed"; and 7. The City of Ukiah desires to join the Upper Russian River Water Agency so that it may participate in developing and implementing a bright and sustainable future for its residents and all of Ukiah Valley. NOW, THEREFORE, the City Council does hereby resolve: 1. The City of Ukiah shall submit an application, pursuant to the Joint Powers Agreement, to become a Constituent of the Upper Russian River Water Agency. 2. The City Manager or his designee is authorized to take any and all actions necessary to submit such an application. 3. The City Council thanks the Boards of Directors of the Upper Russian River Water Agency and of the Constituents for their thoughtful consideration of this Resolution and the impending application and looks forward to a constructive partnership with its neighbors. PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Ukiah, conducted in accordance with the Governor's March 12, 2020, Executive Order N-25-20 regarding teleconferencing of Meetings under the Ralph M. Brown Act, and signed in Ukiah, California, this 5th day of August, 2020. AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None r Douglas'. . Crane, Mayor ATTEST: Kristine Lawler, City Clerk