HomeMy WebLinkAbout11-09-17 Agenda PacketUkiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
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Item No.:3.a
Date:11/09/17
To:Board of Directors
Subject:Approval of Minutes from the September 14, 2017,Regular Meeting
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Approval of Minutes from the September 14, 2017,Regular Meeting.
Recommended Action:
Approve the September 14, 2017, Regular Meeting minutes.
Background:
The Agency convened on September 14, 2017.
Fiscal Summary:
N/A
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
1:30 P.M. - September 14, 2017
Mendocino County Board of Supervisors Chambers,
501 Low Gap Road, Room 1070, CA 95482
ACTION MINUTES
1. CALL TO ORDER AND ROLL CALL (1:34 P.M)
Present: Director Zachary Robinson; Director Alfred White; Director Jerry Cardoza; Director
Brandi Brown; and Chair Carre Brown. Chair Carre Brown presiding.
Absent: Director Douglas Crane.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by: Mr. Aaron Cuthbertson
3. CONSENT ITEMS
3(a)Approval of Minutes from the August 10, 2017, Meeting
Presenter/s: Chair Carre Brown.
Public Comment: None.
Board Action: Upon motion by Director Brandi Brown, seconded by Director Jerry Cardoza, and
carried (5/0/1, with Director Crane absent); IT IS ORDERED that the Board of Directors hereby
approves the Minutes of the August 10, 2017, meeting.
4. STAFF UPDATES
Presenter/s: Ms. Sarah Dukett.
5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Presenter/s: Ms. Tamara Alaniz; and Mr. Aaron Cuthbertson.
6. ACTION ITEMS
6(a)Presentation, Discussion and Possible Action Regarding the Development of
Bylaws
Presenter/s: Chair Carre Brown; Mr. Christian Curtis; and Ms. Sarah Dukett.
Public Comment: Ms. Tamara Alaniz.
Board Action: No action taken.
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
6(b)Discussion and Possible Action Regarding the Development of a Technical
Advisory Committee Memorandum of Understanding
Presenter/s: Chair Carre Brown; Ms. Sarah Dukett; Mr. Don Seymour; Ms. Tamara Alaniz; and
Ms. Patty Madigan.
Public Comment: Mr. Brian Wallace; and Mr. Aaron Cuthbertson.
Board Action: Upon motion by Director Jerry Cardoza, seconded by Director Brandi Brown, and
carried (5/0/1 with Director Crane absent); IT IS ORDERED that the Board of Directors hereby
creates a working group consisting of the Sonoma County Water Agency, County of Mendocino,
Russian River Flood Control, Mendocino County Resource Conservation District, California Land
Stewardship Institute, and Director White.
7. DIRECTOR REPORTS
Presenter/s: Board of Directors.
Public Comment: None.
8. ADJOURNMENT (2:26 P.M.)
________________________________
CARRE BROWN, Chair
Attest: BRANDI BROWN
Secretary
________________________________
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
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Item No.:6.a
Date:11/09/17
To:Board of Directors
Subject:Acceptance of Presentation Regarding the Mendocino Lake Complex Fire Disaster
Recovery Efforts
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Disaster Recovery Director Tammy Moss Chandler will provide an update on the County’s
recovery efforts.
Recommended Action:
Accept the presentation regarding the Mendocino Lake Complex Fire Disaster Recovery Efforts.
Background:
The County has been working with state and federal partners on the recovery process for the
communities of Redwood Valley and Potter Valley affected by the Fire. Recovery Director
Chandler will provide information on the recovery process,stabilization efforts and the
Watershed Emergency Response Team.
Fiscal Summary:N/A
Action:___________________________________________________
Motion:_____________________ 2nd:__________________________
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
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Item No.:6.b
Date:11/09/17
To:Board of Directors
Subject:Presentation, Discussion and Possible Action Regarding the Development of Bylaws
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Joint Powers Agreement (JPA) Requires that the Agency Adopt Bylaws as Soon as
Practicable After the First Board Meeting.
Recommended Action:
Adopt the Ukiah Valley Basin Groundwater Sustainability Agency Bylaws.
Background:
Section 18.3 requires at,or as soon as practicable after the first Board of Directors meeting,the
Board draft and approve Bylaws of the Agency to govern day-to-day operations of the Agency.
On June 15, 2017, the Board directed the creation of a working group to development the
bylaws. The working groups consist of:
Devon Jones, Mendocino County Farm Bureau
Tamara Alaniz, Russian River Flood Control
Sarah Dukett, Mendocino County
Carre Brown, Chair
The working group met on July 6 and 13, 2017,and drafted bylaws modeled after the West
Turlock Subbasin GSA. On August 10, 2017, the Board reviewed the draft bylaws and provided
feedback which was incorporated in the bylaw review by Mendocino County Counsel. On
September 14, 2017, Chief Deputy County Counsel Christian M. Curtis will provide an overview
of recommended changes for consideration.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Attached for review and adoption is the proposed bylaws.
Fiscal Summary:The bylaws include a $5,000 contribution from initial members and
mechanisms to raise additional funds in the future.
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
UKIAH VALLEY BASIN GROUNDWATER
SUSTAINABILITY AGENCY
BYLAWS
ADOPTED BY: INSERT ACTION
ADOPTED: October 12, 2017
These Bylaws are adopted and effective as of October 12, 2017, pursuant to the Joint Powers
Agreement of the UKIAH VALLEY BASIN GROUNDATER SUSTAINABILITY AGENCY.
Table of Contents
PREAMBLE.....................................................................................................................................................3
ARTICLE 1. THE AGENCY................................................................................................................................3
1.1 NAME OF AGENCY...............................................................................................................................3
1.2 OFFICE OF AGENCY. ............................................................................................................................3
1.3 POWERS..............................................................................................................................................3
ARTICLE 2. BOARD OF DIRECTORS................................................................................................................3
2.1 BOARD OF DIRECTORS........................................................................................................................3
2.2 PROCEDURE FOR APPOINTMENT OF BOARD MEMBERS....................................................................3
ARTICLE 3. BOARD MEETINGS.......................................................................................................................4
3.1 MEETINGS...........................................................................................................................................4
3.2 QUORUM. ...........................................................................................................................................4
3.3 ORDER OF BUSINESS...........................................................................................................................4
3.4 AGENDA..............................................................................................................................................4
3.5 ACTION BY THE BOARD.......................................................................................................................4
3.6 RULE OF ORDER. .................................................................................................................................5
ARTICLE 4. OFFICERS.....................................................................................................................................5
4.1 OFFICERS.............................................................................................................................................5
4.2 ELECTION OF OFFICERS.......................................................................................................................5
4.3 REMOVAL OF DIRECTORS....................................................................................................................5
4.4. REMOVAL OF OFFICERS. ....................................................................................................................5
4.5 VACANCIES..........................................................................................................................................5
4.6 RESIGNATION OF OFFICERS................................................................................................................5
4.7 RESPONSIBILITIES OF OFFICERS..........................................................................................................6
ARTICLE 5. BOARD COMMITTEES, WORKING GROUPS, ADVISORY COMMITTEES AND TECHNICAL
ADVISORY COMMITTEE.................................................................................................................................6
5.1 INTERNAL BOARD COMMITTEES.........................................................................................................6
5.2 WORKING GROUPS.............................................................................................................................6
5.3 ADVISORY COMMITTEES.....................................................................................................................6
5.4 TECHNICAL ADVISORY COMMITTEE....................................................................................................7
ARTICLE 6. AGENCY ADMINISTRATION, MANAGEMENT AND STAFFING.....................................................8
6.1 COLLABORATIVE MANAGEMENT........................................................................................................8
6.3 TREASURER AND CONTROLLER...........................................................................................................8
6.4 LEGAL COUNSEL..................................................................................................................................9
6.5 STAFFING STRATEGY REVIEW UPON COMPLETION OF THE GROUNDWATER SUSTAINABILITY PLAN9
ARTICLE 7. FINANCES....................................................................................................................................9
7.1 DEPOSIT AND DISBURSEMENT OF FUNDS..........................................................................................9
7.2 BUDGET.............................................................................................................................................10
7.3 CONTRACTS.......................................................................................................................................10
7.4 AGENCY FUNDING AND CONTRIBUTIONS........................................................................................10
ARTICLE 8. SPECIAL PROJECTS.....................................................................................................................10
8.1 PROJECTS...........................................................................................................................................10
8.2 MEMBER SPECIFIC PROJECTS............................................................................................................10
8.3 BOARD OF DIRECTORS APPROVAL....................................................................................................10
ARTICLE 9. DEBTS AND LIABILITIES.............................................................................................................11
ARTICLE 10. RECORDS RETENTION .............................................................................................................11
10.1 MAINTENANCE OF THE AGENCY RECORDS.....................................................................................11
10.2 RECORDS RETENTION POLICY AND SCHEDULE...............................................................................11
10.3 PUBLIC RECORDS ACT REQUESTS....................................................................................................11
ARTICLE 11. ETHICS AND CONFLICTS OF INTEREST.....................................................................................11
ARTICLE 12. AMENDMENT..........................................................................................................................11
ARTICLE 13. DEFINITIONS AND CONSTRUCTION........................................................................................12
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PREAMBLE
These Bylaws are adopted and effective as of October 12, 2017, pursuant to the Joint Powers
Agreement of the UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY (Agreement).
ARTICLE 1. THE AGENCY
1.1 NAME OF AGENCY.The name of the Agency created by the Agreement shall be the Ukiah Valley
Basin Groundwater Sustainability Agency (Agency).
1.2 OFFICE OF AGENCY.The principal office of the Agency shall be at the Mendocino County Water
Agency, 501 Low Gap Road, Room 1010, Ukiah, CA 95482, or at such other location as the Board may
designate by resolution.
1.3 POWERS.The powers of the Agency shall be as set forth in Article 5 of the Agreement.
ARTICLE 2. BOARD OF DIRECTORS
2.1 BOARD OF DIRECTORS.The Agency shall be governed by a Board of Directors (Board) as set forth
in Article 7 of the Agreement.
2.2 PROCEDURE FOR APPOINTMENT OF BOARD MEMBERS
2.2.1 Appointment. Each Member Agency is responsible for appointing a Board Member and an
alternate Board Member, pursuant to its own procedures and authorities. The appointment shall be
made by Resolution.
2.2.2 Notification. Each Member Agency shall notify the Agency when it appoints or changes its
Board Member and/or alternate Board Member.
2.2.3 Tribal Member. The six (6) Tribes within the Ukiah Valley identified as Redwood Valley
Rancheria, Coyote Valley Reservation, Pinoleville Pomo Nation, Potter Valley Rancheria, Guidiville
Rancheria and the Hopland Reservation, shall submit a letter nominating a Director and Alternative
Director. The Board shall confirm the nominee at a regular meeting and shall appoint the Tribal Director
upon simple majority vote of all Members.
2.2.4. Agricultural Member. The Agricultural Member shall meet the qualifications as described
in 7.1.2(a) of the Agreement. The Members shall be selected from a list of three (3) nominations
submitted from the Mendocino County Farm Bureau (MCFB), but the three (3) nominees need not be a
member of the organization. The MCFB shall submit a nomination letter and completed applications of
all three nominees. The MCFB must use the application approved by the Board of Directions (Appendix
A). The Board shall consider the nominees at a regular meeting of the Board and may interview the
nominees. The Board shall appoint the Agricultural Member and alternate member upon simple
majority vote of all Member Directors.
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ARTICLE 3. BOARD MEETINGS
3.1 MEETINGS.The Board shall meet regularly, at least once per quarter on the second Thursday of the
first month of the quarter, at 1:30 PM, at Mendocino County Board of Supervisors Chambers, 501 Low
Gap Road, Room 1070, Ukiah, CA 95482 and as often as needed. Special meetings of the Board may be
called by the Chair or any four directors by written request. Board meetings shall be conducted in
compliance with all applicable laws, and as further specified herein. Meeting agendas shall be posted 72
hours before each meeting in compliance with the requirements of the Ralph M. Brown Act.
3.2 QUORUM.In determining a quorum as defined by Section 9.1 of the Agreement, Alternate Directors
attending meetings shall not be counted as part of any meeting quorum unless such Alternate Director
is formally representing an absent appointed Director.
3.3 ORDER OF BUSINESS.In general, at the regular meetings of the Board, the following will be the
order of business:
3.3.1 Call to Order.
3.3.2 Roll Call.
3.3.3 Approval of Minutes of the Previous Meeting.
3.3.4 Public Comment Period
3.3.5 Staff Updates.
3.3.6 Agenda Items, including any appropriate combination of consent items, regular business
items, public hearing items or closed session items.
3.3.7 Directors Reports.
3.3.8 Adjournment.
3.4 AGENDA. Members may submit items for the agenda at a minimum of seven (7) days prior to the
publication of the agenda for any regular meeting. The agenda shall be published seventy-two (72)
hours prior to regular board meeting and twenty-four (24) hours prior to a special board meeting in
accordance with the Brown Act. Agenda publication shall conform to all required provisions of the
Brown Act.Nothing herein shall prohibit the board from considering any late-submitted or emergency
item to the extent permitted by the Brown Act.
3.5 ACTION BY THE BOARD.Action by the Board on all resolutions or ordinances shall be taken using
a roll call vote and shall be recorded in writing, signed by the Chair, and attested to by the Secretary. All
other actions of the Board shall be by motion recorded in written minutes. The clerk or Chair in an
absence of a clerk shall announce the results of the vote including the names of the Directors, if any,
voting in the minority.
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3.6 RULE OF ORDER.All rules of order not otherwise provided for In these Bylaws or applicable
statute, regulation, or other law shall be determined, to the extent practicable, in accordance with
"Robert's Rules of Order;" provided, however, that no action of the Board shall be invalidated or its
legality otherwise affected by the failure or omission to observe or follow "Robert's Rules of Order."
ARTICLE 4. OFFICERS
4.1 OFFICERS.The Officers of the Agency are the Chair, Vice-Chair, and Secretary, as provided for in
Article 10 of the Agreement. All Directors are eligible to serve as an Officer. The Chair and the Vice Chair
must be Directors.
4.2 ELECTION OF OFFICERS.At the first meeting of the Board, and every two (2) years hence,
nominations for the Officers will be made and seconded by a Director. If more than two Directors are
nominated for any one office, voting occurs until a nominee receives a majority of the votes cast. The
initial term of the elected Officers shall run from the date of their election to until the Board meeting
two years after the election. Thereafter, each Officer shall serve a term of two years. At the expiration of
the term, the Officer shall continue to fulfill the responsibilities of their office until such time as a
successor is appointed. An Officer may succeed himself/herself and may serve any number of
consecutive or non-consecutive terms.
4.3 REMOVAL OF DIRECTORS.Board Members and Alternate Board Members serve at the pleasure
of their appointing Member’s governing board and may be removed or replaced at any time.
Stakeholder Directors that no longer meet the qualifications set forth in section 7.1 of the JPA will be
automatically removed from the Board of Directors. A Stakeholder Director may be removed or
reappointed by a simple majority vote of the Board. Upon removal of a Board Member, the Alternate
Board Member shall serve as the Board member until a new Board member is appointed.
4.4. REMOVAL OF OFFICERS. Prior to the expiration of their term, an officer may be removed only by
a majority vote of the board or as a result of resignation, removal from or replacement on the board of
directors, or by operation of law.
4.5 VACANCIES.Any vacancy in the offices because of death, resignation, removal, disqualification, or
any other cause will be filled for the balance of the vacated term in the manner prescribed in these
Bylaws for regular appointments to that office; provided, however, that such vacancies may be filled at
any regular or special meeting of the Board. Alternate Directors shall serve as the Board member until a
new Board member is appointed. Members shall submit any changes in Director or Alternate Director
positions to the Board of Directors or Executive Director by written noticed signed by an authorized
representative from the Member. The written noticed must include a Resolution of the governing board
of the Member directing such change in the Director or Alternative Director position.
4.6 RESIGNATION OF OFFICERS.Any Officer may resign at any time by giving written notice to the
Board Chair or Secretary. Any resignation takes effect at the date of the receipt of that notice or at any
later time specified in that notice. Unless otherwise specified in that notice, the acceptance of the
resignation is not necessary to make it effective.
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4.7 RESPONSIBILITIES OF OFFICERS.
4.6.1 Chair of the Board. The Chair of the Board shall preside at meetings of the Board and
exercise and perform such other powers and duties as may be assigned to him/her by the Board or
prescribed by these Bylaws. The Chair shall have the power to enforce meeting decorum and rules of
order. The Chair shall rule on all questions of procedure, unless overruled by the Board.
4.7.2 Vice-Chair of the Board. The Vice-Chair of the Board shall fulfill all the duties of the Chair in
his/her absence and exercise and perform such other powers and duties as may be assigned to him/her
by the Board.
4.7.3 Secretary. The Secretary shall perform duties assigned by the Board, such duties shall
include, but not be limited to, the following:
i. Book of Minutes. Keep or cause to be kept, at the principal executive office of the
Agency or such other place as the Board may direct, a book of minutes of all meetings and
actions of Directors and Committees of the Agency, with the time and place of holding the
meeting, whether regular or special, and, if special, how authorized, the notice given, the names
of those present and absent at such meetings and the proceedings of such meetings. Minutes
will be in the form of Action Minutes.
ii. Notices and Other Duties. Prepare, give, or cause to be given, notice of, and agendas
for, all meetings and/or hearings of the Board and committees of the Agency.
iii. Exercise and perform such other powers and perform such other duties as may be
assigned to him/her by the Board.
ARTICLE 5. BOARD COMMITTEES, WORKING GROUPS, ADVISORY COMMITTEES AND
TECHNICAL ADVISORY COMMITTEE
5.1 INTERNAL BOARD COMMITTEES.The Board may establish temporary or permanent Board
Committees composed of two (2) Board Members to facilitate conduct of its work. Temporary Board
Committees will have a specific charge and operational duration not to exceed six months and are not
subject to the Brown Act. All Board Committees will provide regular updates to the full Board about
their activities and the progress of their work.
5.2 WORKING GROUPS.Informal working groups may be formed from time to time to provide
opportunities for a small subset of Directors to work with staff on specific planning, analytical, or
community engagement activities. Such working groups will have a defined area as the focus for its work
and may function for up to six months, and may include such membership as needed to accomplish the
objectives for which the working group was created, to the extent permitted by law.
5.3 ADVISORY COMMITTEES.Pursuant to Section 11 of the Agreement, the Board may establish one
or more advisory committees to assist in carrying out the purposes and objectives of the Agency.
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5.3.1 In establishing an Advisory Committee, the Board shall provide specific direction to the
Committee as to its charge, expected duration for completion of its charge, and a summary of the
resources, including staff or consultant support available to the Committee in performing its work.
5.3.2 Advisory Committee membership and appointments shall be at the Board's discretion
based on creating the membership needed to meet the purpose for which the Advisory Committee was
created.
5.3.3 The Board will ensure that at least one (1) member from the Board of Directors or Agency
employee attends and participates in each advisory committee meeting.
5.3.4 Any advisory committee shall exercise such powers as may be delegated to it, except that no
committee may:
i. Take any final action on matters which, under the Agreement, require approval by a
majority vote of the Board;
ii. Amend or repeal the Bylaws or adopt new Bylaws;
iii. Amend or repeal any resolution of the Board; or,
iv. Appoint any other committees of the Board or the members of these committees.
5.3.5 Advisory committees shall meet at the call of their respective committee chairs. All
advisory committee meetings shall be conducted in accordance with the Ralph M. Brown Act (California
Government Code sections 54950 et seq.). Minutes of committee meetings shall be recorded and upon
approval shall be distributed to the Board.
5.4 TECHNICAL ADVISORY COMMITTEE. Pursuant to Section 11 of the Agreement there shall be
established a technical advisory committee, the purpose of which shall be to provide advice to the Board
on issues of technical nature related to the activities of the Agency.
5.4.1 The technical advisory committee shall be comprised of at least one (1) representative of
each Member; one (1) representative for each of the Agricultural Stakeholders and the Tribal
Stakeholders; at least one (1) representative from the Sonoma County Water Agency; at least one (1)
representative from the Mendocino County Resource Conservation District; and at least one
representative from the California Land Stewardship Institute.
5.4.2 The technical advisory committee shall meet as directed by the Board of Directors, and
shall make recommendations to the Board of Directors as requested.
5.4.3 The role and responsibilities of the technical advisory committee will be established in a
Memorandum of Understanding between the Agency, the Mendocino County Resource Conservation
District, the Sonoma County Water Agency, and the California Land Stewardship Institute.
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5.4.3 Additional Members to the technical advisory committee may be added by
recommendation of the Board, followed by an amendment of the Memorandum of Understanding
signed by all parties.
5.4.4 The Technical Advisory committee shall exercise such powers as may be delegated to it,
except that no committee may:
i. Take any final action on matters which, under the Agreement, require approval by a
majority vote of the Board;
ii. Amend or repeal the Bylaws or adopt new Bylaws;
iii. Amend or repeal any resolution of the Board; or
iv. Appoint any other committees of the Board or the members of these committees.
5.4.5 Technical advisory committees may meet at the call of their respective committee chairs.
All advisory committee meetings shall be conducted in accordance with the Ralph M. Brown Act
(California Government Code sections 54950 et seq.). Minutes of committee meetings shall be recorded
and distributed upon approval to the Board.
5.4.6 In the event that a technical advisory committee includes a quorum of the Board of
Directors, including alternates, then all meetings of that committee shall be noticed and treated as joint
meetings of the technical advisory committee and the Board of Directors.
ARTICLE 6. AGENCY ADMINISTRATION, MANAGEMENT AND STAFFING
6.1 COLLABORATIVE MANAGEMENT.Except for the Agency's Treasurer and Controller functions,
Agency administration and management will be determined by resolution of the board. The Agency
intends to initially utilize a collaborative staffing model in which the professional and technical staff of
the member agencies work together to provide staff leadership, management and administration of the
agency. The Board, however, shall have the authority to adopt such staffing solutions as it determines
appropriate to meet the Agency’s needs and are consistent with the terms of the JPA Agreement.
6.3 TREASURER AND CONTROLLER.The Treasurer shall be the depository and have custody of all
the money of the Agency from whatever source, and shall provide strict accountability of Agency funds
in accordance with Government Code Sections 6505 and 6505.5. The Treasurer shall possess the powers
of, and shall perform those functions required by Government Code Sections 6505, 6505.5, and all other
applicable laws and regulations, including any subsequent amendments thereto. The Controller of the
Agency shall cause an independent audit of the Agency’s finances to be made by a certified public
accountant in compliance with California Government Code Section 6505. The Treasurer and Controller
shall comply strictly with the provisions of statutes relating to their duties found in Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the California Government Code.
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6.3.1 Pursuant to Government Code section 6505.5, the Treasurer for the County of Mendocino
shall act as Treasurer for the Agency.
6.3.1.1 Treasurer's Duties. Particularly, the Treasurer shall perform, but not be limited to, the
following duties:
i. Books of Account. Keep and maintain, or cause to be kept and maintained, adequate
and correct books and records of accounts of the properties and business transactions of
Agency, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital,
retained earnings, and other matters customarily included in financial statements. The books of
account will be open to inspection by any Director at all reasonable times.
ii. Deposit and Disbursement of Money and Valuables. Consistent with the provisions of
Article 12 of the Agreement, deposit all money and other valuables in the name and to the
credit of the Agency within such depository funds and accounts as may be designated by the
Board; disburse the funds of the Agency as may be ordered by the Board; and render to the
Board, whenever requested, an account of all of his/her transactions as Treasurer and of the
financial condition of the Agency.
iii. Treasurer Report. On a quarterly basis provide the Directors with a Treasurer’s report
that includes a summary of revenue and expenditure activity to date for the current fiscal year.
6.3.2 Pursuant to Government Code section 6505.5, the Mendocino County Auditor shall
perform the functions of the Controller of the Agency.
6.3.2.1 Independent Audit. The annual independent audit will be conducted or coordinated by
the Mendocino County Auditor pursuant to Government Code section 6505(b).
6.4 LEGAL COUNSEL.The Board of Directors may appoint legal counsel as it deems appropriate and
may request that Members utilize their counsel on Agency business when requested by the Board.
6.5 STAFFING STRATEGY REVIEW UPON COMPLETION OF THE GROUNDWATER
SUSTAINABILITY PLAN.The staffing model for the Agency will be reviewed and revised as needed. In
particular, the performance of the collaborative staffing model in meeting the Agency's needs and the
proposed role of the Agency in developing the GSA and GSP will be considered when determining the
potential future staffing needs of the Agency. Future staffing of the Agency shall be in accordance with
Article 13 of the Agreement.
ARTICLE 7. FINANCES
7.1 DEPOSIT AND DISBURSEMENT OF FUNDS. All funds of the Agency shall be deposited in one or
more depository accounts as may be designated by the Board. Such accounts shall be independent of
any account owned by or exclusively controlled by any of the Members. No disbursements of such funds
shall be made unless the disbursements have been approved in the annual operating budget, or
otherwise specifically approved by the Board. Disbursements of not more than one thousand dollars
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($1,000) may be issued pursuant to the Treasurer's sole signature. Disbursements in excess of one
thousand dollars ($1,000) may only be issued upon the signature of the Treasurer and Chair, or in the
Chair's absence, the Vice-Chair. The Treasurer may establish and implement a protocol allowing for
electronic signatures by the Chair or Vice-Chair in order to facilitate efficient operation of the Agency.
7.2 BUDGET.The Agency shall operate pursuant to an operating budget to be adopted prior to the
beginning of each new fiscal year. The Agency shall endeavor to operate each year pursuant to an
annual budget so that projected annual expenses do not exceed projected annual revenues. Budget
adjustments to the annual budget shall be reviewed and acted upon by the Board at a regularly or
specially scheduled Board meeting occurring after January 1 of each calendar year. The Board may take
action to amend the budget at other times if circumstances require more immediate action.
7.3 CONTRACTS.The Agency shall utilize the County of Mendocino procurement process for
professional services, including use of the County’s contract boilerplate, legal review and contract
administration. All contracts require approval by the Agency Board of Directors. The contract
administration for the Agency will be reviewed and revised as needed.
7.4 AGENCY FUNDING AND CONTRIBUTIONS. In order to provide the needed capital to initially
fund the Agency, the Agency shall be initially funded by a contribution from initial Members in the
amount of five thousand dollars ($5,000). In subsequent years, the Agency may be funded through
additional voluntary contributions by all Members, and as otherwise provided in Chapter 8 of SGMA
(commencing with Section 10730 of the Water Code).
ARTICLE 8. SPECIAL PROJECTS
8.1 PROJECTS.The Agency intends to carry out activities in furtherance of its purposes and consistent
with the powers established by the Agreement with the participation of all Members.
8.2 MEMBER SPECIFIC PROJECTS.In addition to the general activities undertaken by all Members of
the Agency, the Agency may initiate specific projects or litigation that involves less than all Members.
No Member shall be required to be involved in a project that involves less than all the Members
8.2.1 PROJECT AGREEMENT. Prior to undertaking any project or litigation that does not involve
all Member Agencies, the Members electing to participate in the project shall enter into a Project
Agreement. A Member may elect not to participate in a specific project or litigation matter by written
notice in accordance with Section 14.3 of the Agreement. Each Project Agreement shall provide specific
terms and conditions in accordance with Section 14.3 of the Agreement.
8.3 BOARD OF DIRECTORS APPROVAL. The Board of Directors shall have the authority to
disapprove any Project Agreement upon a determination that the Project Agreement has specific,
substantial adverse impacts upon Members that have not executed the Project Agreement.
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ARTICLE 9. DEBTS AND LIABILITIES
The debts, liabilities and obligations of the Agency are not and will not be the debts, liabilities or
obligations of any or all of the Members. However, nothing in this Article or in the Agreement prevents,
or impairs the ability of, a Member or Members, from agreeing, in a separate agreement, to be jointly
and/or severally liable, in whole or in part, for any debt, obligation or liability of the Agency, including
but not limited to, any bond or other debt instrument issued by the Agency.
ARTICLE 10. RECORDS RETENTION
10.1 MAINTENANCE OF THE AGENCY RECORDS.The Agency will keep:
10.1.1 Adequate and correct books and records of account; and of the Board.
10.1.2 Minutes in written form of the proceedings of its Board, and committees, and advisory
committees, if any.
10.1.3 Approved Resolutions and Agreements.
10.1.4 All such records will be kept at the Agency's principal office.
10.2 RECORDS RETENTION POLICY AND SCHEDULE. The Board may review and adopt a Records
Retention Policy and Schedule that specifies the retention period of different categories of materials.
Implementation of this Policy will be the responsibility of Agency staff if adopted.
10.3 PUBLIC RECORDS ACT REQUESTS. The Agency shall comply with Government Code Section
6250 et seq. known as the California Public Records Act. The Agency may review and adopt a Public
Access to Records policy. Implementation of this Policy will be the responsibility of Agency staff if
adopted.
ARTICLE 11. ETHICS AND CONFLICTS OF INTEREST
The Agency shall be subject to the conflict of interest rules set forth in the Political Reform Act
(commencing with Section 81000 of the Government Code of the State of California) and Sections 1090
et seq. of the Government Code of the State of California, and the Agency shall adopt an ethics policy as
well as a conflict of interest code as required and as provided by the implementing regulations of the
Political Reform Act.
ARTICLE 12. AMENDMENT
These Bylaws may be amended from time to time by resolution of the Board duly adopted upon
majority of the Board at its regular or special meeting; provided, however, that no such amendment
shall be adopted unless at least thirty (30) days written notice thereof has previously been given to all
members of the Board. Such notice shall identify the Article to be amended, the proposed amendment,
and the reason for the proposed amendment.
12
ARTICLE 13. DEFINITIONS AND CONSTRUCTION
Unless specifically defined in these Bylaws, all defined terms shall have the same meaning ascribed to
them in the Agreement. If any term of these Bylaws conflicts with any term of the Agreement, the
Agreement's terms shall prevail, and these Bylaws shall be amended to eliminate such conflict of terms.
Unless the context or reference to the Agreement requires otherwise, the general provisions, rules of
construction, and definitions in the California Civil Code will govern the construction of these Bylaws.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 1
Item No.:6.c
Date:11/09/17
To:Board of Directors
Subject:Discussion and Possible Approval of a Letter of Support for the Proposition 1
Sustainable Groundwater Planning Grant Application
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Board will review a letter of support to be included in the Proposition 1 Sustainable
Groundwater Planning Grant Application.
Recommended Action:
Approve the Letter of Support for the Proposition 1 Sustainable Groundwater Planning Grant
Application.
Background: On August 10, 2017, the Board authorized the Mendocino County Water Agency
to apply for the Department of Water Resources Proposition 1 Groundwater Sustainability
Planning Grant.
Fiscal Summary:N/A
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
November 9, 2017
Director Grant Davis
Department of Water Resources
1416 9th Street
Sacramento, CA 95814
RE: Letter of Support – Sustainable Groundwater Planning Grant
Dear Director Davis:
In May of 2017, the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA) was
created to lead the continuing effort to improve groundwater management practices in the
region. The UVBGSA members represent the Upper Russian River Water Agency, Russian River
Flood Control and Water Conservation and Improvement District, City of Ukiah, and
Mendocino County. In addition, our organization has two Stakeholder Directors representing
the tribal and agricultural community.
The UVBGSA supports the submittal of an application by Mendocino County, on behalf of the
UVBGSA, to the Department of Water Resources for a Sustainably Groundwater Planning Grant
available through Proposition One to encourage sustainable management of groundwater that
supports the implementation of the Sustainable Groundwater Management Act (SGMA).
The UVBGSA will utilize the funds to develop a Ukiah Valley Groundwater Sustainability Plan
(UVGSP) to preserve and enhance the economic and environmental health and well-being for
the Ukiah Valley through the regional stewardship and comprehensive management of water
and groundwater resources in a practical, cost-effective, sustainable and responsible manner.
The proposal will build on previous work conducted by Mendocino County under the
Department of Water Resources’ Counties with Stressed Basins Grant. The proposal focuses on
the development of an UVGSP to ensure the long-term sustainability of the Ukiah Valley Basin’s
water supply, and the continued resiliency of the Russian River ecosystem. The UVGSP will
provide a roadmap for the region’s future over a 50 year planning horizon.
The region’s water management community has successfully worked together for the past two
years to develop this new organization. The UVBGSA, along with our community partners and
stakeholders will benefit from the comprehensive planning actions that are included in the grant
application. The funds from this grant would be extremely beneficial in helping our rural region
meet the sustainability goals set forth in SGMA.
We hope the State recognizes the important and beneficial effort that is occurring in the Ukiah
Valley and awards a Sustainable Groundwater Planning Grant to the region. Thank you again
for your leadership on this important issue that affects all sectors of life in the Ukiah Valley.
Sincerely,
Carre Brown, Chair
Ukiah Valley Basin Groundwater Sustainability Agency
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 1
Item No.:6.d
Date:11/09/17
To:Board of Directors
Subject:Discussion and Possible Action Regarding Informational Presentation on the
Mendocino County Water Agency Proposition 1 Grant to Develop an Initial
Groundwater Sustainability Plan
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Mendocino County Water Agency was awarded a Proposition 1 Sustainable Groundwater
Planning Grant from the Department of Water Resources. The project started in September
2016. The Mendocino County Water Agency’s consultant LACO Associates will provide an
updated on the progress of the grant.
Recommended Action:
Receive the presentation on the County’s Proposition 1 Grant to develop an Initial Groundwater
Sustainability Plan.
Background:
On June 13, 2017, the Board received a presentation from the Mendocino County Water Agency
regarding the progress of the Proposition 1 Grant to Develop an Initial Groundwater
Sustainability Plan. On September 14, 2017, the Board requested a follow up presentation on
the preliminary results from the grant.
Fiscal Summary:N/A
Action: ___________________________________________________
Motion:_____________________ 2nd:_________________________
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.:6.e
Date:11/09/17
To:Board of Directors
Subject:Discussion and Possible Action Regarding the Development of a Technical Advisory
Committee Memorandum of Understanding
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Discuss the Development of a Technical Advisory Committee (TAC)Memorandum of
Understanding (MOU)Between the Agency, the Mendocino County Resource Conservation
District, Sonoma County Water Agency and the California Land Stewardship Institute. Review
the Draft Ukiah Valley Technical Advisory Committee Framework.
Recommended Action:
Provide direction regarding the development of a TAC MOU between the Agency, the
Mendocino County Resource Conservation District, Sonoma County Water Agency and the
California Land Stewardship Institute.
Background:
During the Ukiah Valley Basin Sustainable Groundwater Management Act Implementation
Formation Committee process the group discussed the creation of a TAC MOU. At the January
2017 meeting a working group (Tamara Alaniz, Jay Jasperse, Don Seymour, Patricia Hickey, and
Sarah Dukett) was convened to draft an MOU between the GSA and the members of the
Technical Advisory Committee members who are not representing GSA Directors (the
Mendocino County Resource Conservation District and Sonoma County Water Agency). At the
February meeting, the working group had agreed to submit a draft MOU framework to the
Formation Committee for consideration.At the March meeting, the formation committee
discussed the framework and provided feedback.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
On July 13, 2017, the Board of Directors approved adding the California Land Stewardship
Institute to the Technical Advisory Committee. On August 10, 2017, the Board directed to bring
back an item to discuss the development of the TAC MOU.
On September 14, 2017, the Board created a TAC MOU working group consisting of: Director
White, Tamara Alaniz, Don Seymour, Sarah Dukett, Patty Madigan and Laurel Marcus. On
October 4, 2017, the working group met to further refine the framework and MOU development.
Attached is the updated MOU framework from the October 4, 2017, working group meeting for
Board review.
Fiscal Summary:N/A
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
Ukiah Valley Technical Advisory Committee Draft MOU Framework
This document presents a draft framework for a Technical Advisory Committee (TAC) to support
the Ukiah Valley Basin Groundwater Sustainability Agency (GSA).
1. Parties:
• Ukiah Valley Basin Groundwater Sustainability Agency
• Mendocino County Resource Conservation District
• Sonoma County Water Agency
• California Land Stewardship Institute (CLSI)
2. Goals
Provide technical information and expertise to the GSA for informed decision making in support
of SGMA and sustainable water management. Support and coordinate groundwater and
surface water management in the Ukiah Valley Basin and Upper Russian River watershed to
support sustainable water management and compliance with the Sustainable Groundwater
Management Act (SGMA), including consideration of the interests of beneficial uses and users
of groundwater as defined by SGMA.
3. Key Principles of Agreement - Recitals
Clarify the present status of groundwater sustainability in the Ukiah Basin.
Surface and groundwater supplies are connected – Sustainable groundwater and surface water
management can only be achieved if both surface water supplies (Potter Valley diversions, Lake
Mendocino, Russian River and Russian River tributaries) and Ukiah Valley groundwater are
managed in a coordinated manner.
Invest in science and technology – Develop a common scientific understanding of the processes
that control the occurrence, distribution, and quality of groundwater in the Ukiah Valley basin
and surface water in the Upper Russian River/Lake Mendocino system. (re-word – illustrate TAC
is designed to respond to needs of the Board)
Regional collaboration and coordinated management is more effective and efficient – No single
entity can solve the region’s water issues. A regional effort that leverages available resources
to comply with SGMA, the Russian River biological opinion, surface water rights/ regulations
and other requirements will result in a more efficient and effective response to address
persistent water reliability issues in the Upper Russian River watershed. Cooperative action will
also improve the region’s position the region to obtain state and federal funding.
Education and Outreach - Coordination and participation in education and outreach for the
purpose of preparation and implementation of an Ukiah Valley Basin Groundwater
Sustainability Plan.
Add section on the purpose of the TAC to provide advice to the Board on issues of technical
nature related to the activates of the Agency.
4. Scope of Activities:
• Provide review and comments regarding technical data and analyses in support of
SGMA implementation and management of Russian River/Lake Mendocino water
supplies.
• Provide review and comment on the Ukiah Valley groundwater sustainability plan.
• Provide a forum to share information, discuss and coordinate various activities that
could affect water resource management in the Upper Russian River Watershed and the
Ukiah Valley basin.
• Identify and develop water management programs and activities of mutual interest for
consideration by each parties’ governing board (see section 6).
• Coordinate and partner where mutually agreeable on grant funding opportunities.
• Review and provide comment on other items referred to the TAC by the GSA.
•
5. TAC Representation, Roles, and Governance
5.1 Representation
The TAC will consist of:
• Representatives from all Ukiah Valley GSA member agencies responsible for
implementing SGMA in the Ukiah Valley Basin
• Representative from the Sonoma County Water Agency which has legal and regulatory
obligations to manage water supply in Lake Mendocino and maintain minimum in-
stream flows in the Russian River
• Representative from the Mendocino County Resource Conservation District which has
responsibilities for water management in Mendocino County including the Upper
Russian River Watershed in Mendocino County. Representative from the Mendocino
County Resource Conservation District works with landowners, managers, and
communities on voluntary programs and projects that protect water quality and
Formatted: Indent: Left: 0.5", No bullets
or numbering
promote water conservation in Mendocino County including the Upper Russian River
Watershed in Mendocino County.
• Representative from the California Land Stewardship Institute (CLSI) which works
extensively with agricultural property owners in the Ukiah Valley Basin completing
scientific monitoring and land and water management
5.2 Decision-Making
Rules for achieving consensus to make decisions/recommendations – The TAC shall strive for
consensus (agreement among all representatives) in all of its decision making. Working toward
consensus is a fundamental principle. Consensus means that all group members either fully
support or can live with the decision or overall decision and believe that their member agency
can as well. In reaching consensus, some TAC representatives may strongly endorse a particular
proposal while others may accept it as “workable.” Others may be only able to “live with it.”
Still others may choose to “stand aside’ by verbally noting a disagreement, yet allowing the TAC
to reach a consensus without them. Any of these action still constitutes consensus.
The TAC is consensus seeking but shall not limit itself to strict consensus if 100% agreement
among all representatives cannot be reached after all interests and options have been
thoroughly identified, explored, and discussed.
How will TAC’s recommendations be presented to and considered by GSA Board – To inform
GSA decision making, the TAC will provide recommendations in reports and presentations to
the GSA Board that are reflected in meeting materials and minutes. The recommendation
reports will identify areas of agreement and disagreement among TAC members. The TAC
may also request that one or more committee members present its recommendations to the
GSA, including areas of agreement and disagreement, consistent with TAC deliberations. The
GSA will consider TAC recommendations when making decisions. If the governing board does
not agree with the recommendations of the TAC, the governing board shall state the reasons
for its decision.
Meeting schedule and ground rules – The TAC will set their annual meeting calendar at their
January meeting. Dates and locations of meetings will be posted on the GSA website. A notice
of TAC meetings will be posted at the meeting venue at least seventy-two hours in advance of
each meeting. These meetings will be announced by email to TAC members and interested
parties that contact the Secretary of the TAC.
6.0 Activities and Programs of Mutual Benefit:
• Review and provide comment to the draft Groundwater Sustainability Plan.
• Review and provide comment on other items referred to the TAC by the GSA.
• Collaboration on USGS Russian River Watershed study/coupled watershed/groundwater
model development.
• Data sharing/collaboration to support update of Upper Russian River/Lake Mendocino
reliability study.
• Coordination of monitoring programs that will be used to support implementation of
SGMA, improved water management and forecast informed reservoir operations (FIRO)
for Lake Mendocino.
• EvaluatePursue new water supply projects (e.g., recycled water, conjunctive use
programs) that are aligned with SGMA and improve Upper Russian River/Lake
Mendocino water supply reliability;
• Promote conservation/water use efficiency to promote water supply resiliency;
• Collaboratively pursue Upper Russian River drought contingency plans to reduce
impacts of water shortages.
• Collaboration/coordination related to Potter Valley Project relicensing process.
• Coordinate and pursue funding opportunities to support initiatives of mutual interest.
7.0 Other MOU Elements
Adding New Members
Amendment process – The MOU can be amended in writing signed by all parties.
Process of Adopting – Adoption in counterparts