The URL can be used to link to this page

Home My WebLink About2024-04-02 UVWA PacketPage 1 of 3 Water Executive Committee Special Meeting AGENDA Ukiah Valley Conference Center ♦ 200 South School Street ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/83268733029 Alternatively, you may view the meeting (without participating) by clicking on the date and name of the meeting at www.cityofukiah.com/meetings, then go to the media tab. April 2, 2024 - 5:00 PM ANNOUNCEMENT Pursuant to Government Code section 54952.3, let it be known that Water Executive Committee Members receive no compensation or stipend for simultaneous or serial order meetings of the Ukiah Valley Water Authority. 1.CALL TO ORDER AND ROLL CALL 1.a. Notice from the Ukiah Valley Water Authority 2.AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Valley Water Authority Board of Directors (Directors) welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments on non-agenda items. If you wish to submit written comments, please provide information to UVWA, located at 300 Seminary Avenue, Ukiah, CA 95482. 3.NEW BUSINESS 3.a. Committee Member Introductions and Secretary to Administer Oaths of Office. Recommended Action: Committee Members will introduce themselves, and the Secretary will administer the Oaths of Office. 3.b. Election of Officers: Chair, Vice Chair, Secretary, Treasurer, and Alternates. Recommended Action: Elect Chair, Vice Chair, Secretary, Treasurer, and Alternates. 3.c. Discussion and Adoption Regarding Order of Agenda. Recommended Action: Hold discussion and take action with possible additions or deletions of agenda sections; followed by approving by roll call vote the order of the agenda. Page 1 of 17 Updated Packet to Include Attachments 4-2-24 Page 2 of 3 3.d. Consideration of Adoption of Resolution Providing Public Notice of a Draft of Conflict of Interest Code, Recommended Action: Adopt resolution (1) providing public notice of a draft Conflict of Interest Code and seeking public comments after a 45-day comment period; (2) directing the Secretary to accept and consider any comments received and to forward the draft Conflict of Interest Code to the Fair Political Practices Commission after any needed revisions; and (3) directing Committee Members and Officers to file Statements of Economic Interest with the Clerk who should retain them. 3.e. Consideration of Adoption of Resolution Authorizing the Chair and Secretary to Take All Necessary Administrative Actions in Support of the Establishment and Operation of the Ukiah Valley Water Authority. Recommended Action: Adopt Resolution authorizing the Chair and Secretary to take all necessary administrative actions in support of the establishment and operation of the Ukiah Valley Water Authority. 3.f. Introduction to Key Terms of the Joint Powers Agreement creating the Ukiah Valley Water Authority. Recommended Action: Receive presentation. 3.g. Discussion Regarding Potential Conflicts of Interest. Recommended Action: Receive presentation and hold discussion. Attachments: None 4. UNFINISHED BUSINESS 5. ADMINISTRATIVE AND OPERATIONAL REPORT 5.a. SAFER Update. 5.b. Transition Update. 6. COMMITTEE MEMBER ANNOUNCEMENTS AND REPORTS 7. SET NEXT MEETING DATE 7.a. Consideration of Adoption of Resolution Establishing a Regular Meeting Date, Time, and Location. Recommended Action: Adopt resolution establishing a regular meeting date, time, and location. 7.b. Discussion, Consideration, and Possible Scheduling of a Next Meeting Date of May 7, 2024; and Any Additional Special Meeting Dates Thereafter. Recommended Action: Discuss and, if consensus agrees, approve of the May 7, 2024, at 5:00 p.m. date and time for the next meeting, and approve any other Special Meeting dates agreed upon. 8. ADJOURNMENT Please be advised that the Ukiah Valley Water Authority (UVWA) needs to be notified 24 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. UVWA complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the UVWA Directors after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts Page 2 of 17 Page 3 of 3 or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California; and at the Ukiah Valley Conference Center, located at 200 South School Street, Ukiah, California; not less than 24 hours prior to the meeting set forth on this agenda. Kristine Lawler, CMC/CPMC Dated: 3/29/24 Page 3 of 17 Ukiah Valley Water Authority Water Executive Committee Meeting Agenda, April 2, 2024 300 Seminary Avenue, Ukiah, CA 95482 cityofukiah.com/uvwa NOTICE The Ukiah Valley Water Authority will hold its first meeting of the Water Executive Committee on March 5th, 2024, at 5:00 pm at the Ukiah Valley Conference Center at 200 S. School Street, Ukiah, CA 95482. The Agenda and Meeting Packet will also be posted at on the Authority’s website. Any member of the public may address the Board of Directors concerning any item on the Agenda before or during its consideration of that matter, as appropriate. The President may limit the total amount of time allocated for public comment on particular issues to 3 minutes for each individual speaker. Please note, California Law prohibits the Board from taking action on any matter during a regular meeting that is not on the posted Agenda unless the Board determines that it is an emergency or one of the other situations specified under Government Code Section 54954.2. Americans with Disabilities Act of 1990: Under this Act, a qualifying person may request that the District provide a disability-related modification or accommodation in order to participate in any public meeting of the District. Such assistance includes alternative formats for the agendas and agenda packets used for any public meetings of the District. Requests for assistance shall be made in person, in written form, or via telephone by calling (209) 364-6136. Requests must be received at least 18 hours prior to a scheduled public meeting. Page 4 of 17 Agenda Item 3c ORDER OF AGENDA – SAMPLE ITEMS 1. Call to Order and Roll Call 2. Approval of Minutes 3. Audience Comments on Non-Agenda Items 4. New Business 5. Unfinished Business 6. Administrative and Operational Reports 7. Committee Member Announcements and Reports 8. Set Next Meeting Date 9. Adjournment Page 5 of 17 Agenda Item 3d Page 1 of 3 UKIAH VALLEY WATER AUTHORITY RESOLUTION NO. 2024-XX RESOLUTION ADOPTING A DRAFT CONFLICT OF INTEREST CODE AND PROVIDING FOR A 45-DAY COMMENT PERIOD WHEREAS, the Ukiah Valley Water Authority (the “Water Authority”) is a Joint Exercise of Powers Authority, formed pursuant to the Joint Exercise of Powers Act (Government Code sections 6500, et seq.) created to administer, operate, and maintain its members’ water systems and combine those systems into a combined water system; and WHEREAS, the Water Authority is governed by a legislative body called the Water Executive Committee, which is comprised of two representatives from each of its members; and WHEREAS, the Water Authority’s members as of the date of this Resolution are: Millview County Water District, Redwood Valley County Water District, and the City of Ukiah; and WHEREAS, by its terms, the Joint Exercise of Powers Agreement (the “Agreement”) constituting the Water Authority provides that it comes into existence as of the date the last named Party signed the Agreement; and WHEREAS, the City of Ukiah was the last named Party to sign the Agreement on April 1st, 2024; and WHEREAS, the Water Authority is required by the Political Reform Act (Government Code, Sections 81000, et seq.) to adopt a conflict of interest code which identifies all agency officials and employees who make or participate in making governmental decisions and ensure compliance by its legislative body, staff, and consultants of that conflict of interest code; and WHEREAS, the Water Executive Committee intends this Resolution to put into place the needed steps for adoption of the Water Authority’s Conflict of Interest Code. NOW, THEREFORE, the Water Executive Committee of the Ukiah Valley Water Authority hereby resolves: 1. The Water Executive Committee finds that the above Recitals are true and correct. 2. This Resolution provides public notice of the attached draft Conflict of Interest Code, and the Ukiah Valley Water Authority hereby seeks public comments on the draft Conflict of Interest Code for a 45-day period. 3. The Secretary is hereby directed to accept and consider any comments received and to forward the draft Conflict of Interest Code to the Fair Political Practices Commission after any needed revisions. 4. The Members of the Water Executive Committee, Officers, and identified staff and consultants shall file Statements of Economic Interest with the Secretary, who shall retain them. Page 6 of 17 Agenda Item 3d Page 2 of 3 5. The Secretary is hereby authorized and directed to take such additional steps, and to execute such additional documents, as may be required or reasonably necessary to complete the action authorized by this Resolution. PASSED AND ADOPTED this 2nd day of April, 2024, in a duly noticed and open meeting of the Water Executive Committee by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Ukiah Valley Water Authority Chair ATTEST: _______________________________ Ukiah Valley Water Authority Secretary Page 7 of 17 Agenda Item 3d Page 3 of 3 CERTIFICATE OF SECRETARY OF THE UKIAH VALLEY WATER AUTHORITY, A California Joint Exercise of Powers Authority I, ______________________, do hereby certify that I am the duly authorized and appointed Secretary of the Ukiah Valley Water Authority, a California Joint Exercise of Powers Authority (the “Water Authority”); that the following is a true and correct copy of that certain resolution duly and unanimously adopted and approved by the Water Executive Committee, the legislative body of the Water Authority, on the 2nd day of April, 2024; and that said resolution has not been modified or rescinded and remains in full force and effect as the date hereof: IN WITNESS WHEREOF, I have executed this Certificate on this 2nd day of April, 2024. _______________________________ Ukiah Valley Water Authority Secretary Page 8 of 17 Agenda item 3e Ukiah Valley Water Authority Conflict of Interest Code UKIAH VALLEY WATER AUTHORITY CONFLICT OF INTEREST CODE The Political Reform Act (Cal. Gov. Code, Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs., Section 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure categories shall constitute the Conflict-of-Interest Code of the Ukiah Valley Water Authority (the “Water Authority”). Those holding designated positions are designated employees or officials of the Water Authority and shall file their statements of economic interest with the Water Authority, which shall make the statements available for public inspection and reproduction. (Cal. Gov. Code, Section 81008). All statements shall be filed with the Water Authority and will be retained by the Water Authority. Page 9 of 17 Agenda item 3e Ukiah Valley Water Authority Conflict of Interest Code Appendix A Designated Positions DESIGNATED POSITIONS DISCLOSURE CATEGORIES Members of the Water Executive Committee…………………….………………..1, 2, 3 Legal Counsel………………………………………………………………………1, 2, 3 Consultants*……………………………………………………………………..…1, 2, 3 *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The Water Executive Committee may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Water Executive Committees’ determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Page 10 of 17 Agenda item 3e Ukiah Valley Water Authority Conflict of Interest Code Appendix B Disclosure Categories Individuals holding designated positions shall disclose interests pursuant to their assignment to the corresponding disclosure categories: Category 1 Investments and business positions in business entities, and income, including receipt of loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the Water Authority. The types of sources include, but are not limited to the following: Engineering services Construction contractors Hardware tools and supplies Freight and hauling Motor vehicles Petroleum products Photographic services, supplies and equipment Water quality testing Communications equipment and services Well drilling Electrical equipment Computer hardware and software Water treatment equipment, supplies and services Appraisal services Printing, reproduction, record keeping, etc. Office equipment Accounting services Real estate agent/brokers and investment firms Title companies Public utilities Banks and savings and loan institutions Page 11 of 17 Agenda item 3e Ukiah Valley Water Authority Conflict of Interest Code Financial audit services Consulting services, such as legal, energy and power, engineering, data processing, computers, labor relations, public relations, planning, economics, environmental, and appraisal Agricultural production Category 2 Interests in real property located within two miles of the boundaries of any of the member agencies of the Water Authority. Category 3 Investments and business positions in business entities, and income, including receipt of loans, gifts, and travel payments, from sources that have a claim pending or have filed a claim against the Water Authority within the last two years. Page 12 of 17 Agenda Item 3e Page 1 of 3 UKIAH VALLEY WATER AUTHORITY RESOLUTION NO. 2024-XX RESOLUTION AUTHORIZING THE CHAIR AND SECRETARY, ACTING TOGETHER, TO TAKE ALL NECESSARY ADMINISTRATIVE ACTIONS TO ESTABLISH AND INITIALLY ADMINISTER THE UKIAH VALLEY WATER AUTHORITY WHEREAS, the Ukiah Valley Water Authority (the “Water Authority”) is a Joint Exercise of Powers Authority, formed pursuant to the Joint Exercise of Powers Act (Government Code sections 6500, et seq.) created to administer, operate, and maintain its members’ water systems and combine those systems into a combined water system; and WHEREAS, the Water Authority is governed by a legislative body called the Water Executive Committee, which is comprised of two representatives from each of its members; and WHEREAS, the Water Authority’s members as of the date of this Resolution are: Millview County Water District, Redwood Valley County Water District, and the City of Ukiah; and WHEREAS, following the execution of the Joint Powers Agreement constituting the Water Authority, a number of administrative actions will need to be taken to make the necessary filings, reports, and applications to comply with various laws affecting the business of the Water Authority; and WHEREAS, to ensure accountability, transparency, and provide for the explicit authority to make these filings, reports, and applications, the Water Executive Committee desires to grant explicit authority and agency to its Chair and Secretary, acting together and in consultation with and reporting to the Water Executive Committee. NOW, THEREFORE, the Water Executive Committee of the Ukiah Valley Water Authority hereby resolves: 1. The Water Executive Committee finds that the above Recitals are true and correct. 2. The Water Executive Committee hereby authorizes the Chair of the Water Executive Committee, _____________________, and the Secretary of the Water Executive Committee, _______________________________, acting together, to make all necessary filings, reports, and applications to applicable federal, state, and local regulatory agencies to initiate, incorporate, and begin the business of the Water Authority. Such filings explicitly include filing with the Secretary of State, the State Controller, and the Mendocino Local Agency Formation Commission. 3. The Chair and the Secretary are to report all submitted filings, reports, and applications to the Water Executive Committee at the meeting immediately following any such submittal. 4. The Chair and the Secretary, acting together, are hereby authorized and directed to take such additional steps, and to execute such additional documents, as may be required or reasonably necessary to complete the action authorized by this Resolution. Page 13 of 17 Agenda Item 7e Page 2 of 3 5. The Chair and Secretary shall report all actions taken pursuant to this Resolution to the Water Executive Committee at the meeting immediately following said action. 6. The Water Executive Committee having granted the above authorities to the Chair and the Secretary, acting together, the Vice Chair is hereby authorized to execute this Resolution, and the Treasurer to attest, on behalf of the Water Executive Committee. PASSED AND ADOPTED this 2nd day of April, 2024, in a duly noticed and open meeting of the Water Executive Committee by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Ukiah Valley Water Authority, Vice Chair ATTEST : _______________________________ Ukiah Valley Water Authority, Treasurer Page 14 of 17 Agenda Item 7e Page 3 of 3 CERTIFICATE OF SECRETARY OF THE UKIAH VALLEY WATER AUTHORITY, A California Joint Exercise of Powers Authority I, ______________________, do hereby certify that I am the duly authorized and appointed Secretary of the Ukiah Valley Water Authority, a California Joint Exercise of Powers Authority (the “Water Authority”); that the following is a true and correct copy of that certain resolution duly and unanimously adopted and approved by the Water Executive Committee, the legislative body of the Water Authority, on the 2nd day of April, 2024; and that said resolution has not been modified or rescinded and remains in full force and effect as the date hereof: IN WITNESS WHEREOF, I have executed this Certificate on this 2nd day of April, 2024. ____________________________________ Secretary of the Ukiah Valley Water Authority Page 15 of 17 Agenda Item 7a Page 1 of 2 UKIAH VALLEY WATER AUTHORITY RESOLUTION 2024-XX RESOLUTION ESTABLISHING REGULAR MEETING DATES FOR THE WATER EXECUTIVE COMMITTEE WHEREAS, the Ukiah Valley Water Authority (the “Water Authority”) is a Joint Exercise of Powers Authority, formed pursuant to the Joint Exercise of Powers Act (Government Code sections 6500, et seq.) created to administer, operate, and maintain its members’ water systems and combine those systems into a combined water system; and WHEREAS, the Water Authority is governed by a legislative body called the Water Executive Committee, which is comprised of two representatives from each of its members; and WHEREAS, the Water Authority’s members as of the date of this Resolution are: Millview County Water District, Redwood Valley County Water District, and the City of Ukiah; and WHEREAS, the Water Executive Committee shall conduct its meetings in accordance with the Ralph M. Brown Act (Government Code sections 54950, et seq.), and, pursuant to said Act, the Water Executive Committee must adopt by formal action a regular meeting schedule. NOW, THEREFORE, the Water Executive Committee of the Ukiah Valley Water Authority hereby resolves: 1. The Water Executive Committee finds that the above Recitals are true and correct. 2. The Water Executive Committee establishes and sets the regular meeting schedule of the Ukiah Valley Water Authority for the first Tuesday of every month. 3. The Chair and the Secretary, pursuant to Resolution No. 01-2024, are hereby authorized and directed to take such additional steps, and to execute such additional documents, as may be required or reasonably necessary to complete the action authorized by this Resolution. PASSED AND ADOPTED this 2nd day of April, 2024, in a duly noticed and open meeting of the Water Executive Committee by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Ukiah Valley Water Authority Chair ATTEST: _______________________________ Ukiah Valley Water Authority Secretary Page 16 of 17 Agenda Item 7a Page 2 of 2 CERTIFICATE OF SECRETARY OF THE UKIAH VALLEY WATER AUTHORITY, A California Joint Exercise of Powers Authority I, ______________________, do hereby certify that I am the duly authorized and appointed Secretary of the Ukiah Valley Water Authority, a California Joint Exercise of Powers Authority (the “Water Authority”); that the following is a true and correct copy of that certain resolution duly and unanimously adopted and approved by the Water Executive Committee, the legislative body of the Water Authority, on the 2nd day of April, 2024; and that said resolution has not been modified or rescinded and remains in full force and effect as the date hereof: IN WITNESS WHEREOF, I have executed this Certificate on this 2nd day of April, 2024. _______________________________ Ukiah Valley Water Authority Secretary Page 17 of 17