HomeMy WebLinkAbout08-10-17 Meeting Packet w agenda - LINKEDUKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN that the Ukiah Valley Basin Groundwater Sustainability
Agency (“Agency”) Board of Directors (“Board”) will hold its regular Board Meeting at:
1:30 P.M. - Thursday, August 10, 2017
Mendocino County Board of Supervisors Chambers,
501 Low Gap Road, Room 1070, CA 95482
AGENDA
1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. CONSENT ITEMS
a. Approval of Minutes from the July 13, 2017 Meeting
4. STAFF UPDATES
5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The Board will receive public comments on items not appearing on the agenda
and within the subject matter jurisdiction of the Agency. The Board will not enter
into a detailed discussion or take any action on any items presented during public
comments. Such items may only be referred to staff for administrative action or
scheduled on a subsequent agenda for discussion. Persons wishing to speak on
specific agenda items should do so at the time specified for those items. The
presiding Chair shall limit public comments to three minutes.
6. ACTION ITEMS
a. Discussion and Possible Action to Adopt a Resolution Adopting
a Conflict of Interest Code
The Board will review and adopt a Resolution adopting a conflict of
interest code.
b. Presentation, Discussion and Possible Action Regarding the
Development of Bylaws
The Board will receive an update on the bylaws development and provide
direction to staff.
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
c. Discussion and Possible Action Regarding the Department of
Water Resources’ (DWR) Solicitation Package for Groundwater
Sustainability Plans (GSP) and Projects
The Board will receive an update regarding DWR’s grant solicitation
package for the development of GSPs and options to submit a grant
application and will provide direction on pursuing grant funding.
7. DIRECTOR REPORTS
8. ADJOURNMENT
The Ukiah Valley Basin Groundwater Sustainability Agency complies with ADA requirements and upon
request, will attempt to reasonably accommodate individuals with disabilities by making meeting material
available in appropriate alternative formats (pursuant to Government Code Section 54953.2). Anyone
requiring reasonable accommodation to participate in the meeting should contact the Mendocino County
Executive Office by calling (707) 463-4441 at least five days prior to the meeting.
Please reference the Mendocino County website to obtain additional information for the Ukiah Valley
Basin Groundwater Sustainability Agency: http://www.mendocinocounty.org/uvbgsa
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 1
Item No.:3.a
Date:8/10/17
To:Board of Directors
Subject:Approval of Minutes from the July 13, 2017 Regular Meeting
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
Approval of Minutes from July 13, 2017 Regular Meeting.
Recommended Action:
Approve the July 13, 2017, meeting minutes.
Background:
The Agency convened on July 13, 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. -July 13, 2017
Mendocino County Board of Supervisors Chambers,
501 Low Gap Road, Room 1070, CA 95482
ACTION MINUTES
1. CALL TO ORDER AND ROLL CALL (1:30 P.M.)
Present: Director Alfred White, Director Jerry Cardoza, Director Brandi Brown, Director Douglas
Crane, and Chair Carre Brown. Chair Brown presiding.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by: Ms. Carmel J. Angelo.
3. CONSENT ITEMS
3(a) Approval of Minutes from the June 15, 2017, Meeting
Presenter/s: Chair Carre Brown; and Ms. Nicole French.
Board Action: Upon motion by Director Jerry Cardoza, seconded by Director Alfred White, and
carried unanimously; IT IS ORDERED that the minutes of the June 15, 2017, Ukiah Valley
Groundwater Sustainabilty Agency are hereby approved as revised with correction to the spelling
of Ms. Elizabeth Salomone’s name.
4. ACTION ITEMS
4(a) Discussion and Possible Action to Appoint an Agricultural Director
Presenter/s: Ms. Sarah Dukett; Ms. Devon Jones; and Ms. Carmel J. Angelo.
Public Comment: Mr. Chris Ruddick; Mr. Zac Robinson; and Mr. Levi Paulin.
Board Action: Upon motion by Director Alfred White, seconded by Director Jerry Cardoza, and
carried unanimously; IT IS ORDERED that Mr. Zac Robinson is appointed as Agricultural
Director and Mr. Levi Paulin is appointed as Alternate Agricultural Director of the Ukiah Valley
Basin Groundwater Sustainability Agency.
DIRECTOR ZAC ROBINSON PRESENT AT 1:45 P.M.
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
4(b) Discussion and Possible Action Regarding the Development of a Conflict of
Interest Code
Presenter/s: Ms. Sarah Dukett.
Public Comment: None.
Board Action: Upon motion by Director Alfred White, seconded by Director Douglas Crane, and
carried unanimously; IT IS ORDERED that the Ukiah Valley Basin Groundwater Sustainability
Agency approves in concept a simple Conflict of Interest Code similar to the sample Conflict Of
Interest Code found on the Fair Political Practices Commission website, and modeling the County
of Mendocino's Conflict of Interest Code and Russian River Flood Control and Water
Conservation District's Conflict of Interest Code;to be reviewed by the attorney for the Russian
River Flood Control and Water Conservation District.
4(c)Presentation, Discussion and Possible Action Regarding the Development of
Bylaws
Presenter/s: Ms. Sarah Dukett; Ms. Tamara Alaniz; and Ms. Devon Jones.
Public Comment: None.
Board Action: No action taken.
4(d) Discussion and Possible Adoption of the Proposed Fiscal Year 2017 18 Budget
Presenter/s: Ms. Sarah Dukett.
Public Comment: None.
Board Action: Upon motion by Director Brandi Brown, seconded by Director Alfred White, and
carried unanimously; IT IS ORDERED that the Ukiah Valley Basin Groundwater Sustainability
Agency approves the contribution of $5,000 towards the Agency’s operational costs by initial
members, including: Mendocino County, City of Ukiah, Upper Russian River Water Agency and
Russian River Flood Control; directs staff to include the initial contribution in the Agency Bylaws;
authorizes the County to invoice initial members upon adoption of the Bylaws; and adopts the
proposed FY 2017-2018 budget.
4(e)Discussion and Possible Action Regarding Informational Presentation on the
Mendocino County Water Agency Proposition 1 Grant to Develop an Initial
Groundwater Sustainability Plan
Presenter/s: Ms. Sarah Dukett; Mr. Chris Watt; and Mr. Brian Wallace.
Public Comment: Ms. Tamara Allaniz; Mr. Sean White; Ms. Susan Kanuff; and Ms. Devon Jones.
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
4(f)Informational Update on Facilitation Support Services Available for
Groundwater Sustainability Plan (GSP) Development through the
Department of Water Resources (DWR)
Presenter/s: Ms. Sarah Dukett.
Public Comment: None.
Board Action: No action taken.
4(g)Discussion and Possible Action Regarding an Additional Member on the
Technical Advisory Committee
Presenter/s: Chair Brown, and Ms. Sarah Dukett.
Public Comment: Ms. Tamara Alaniz.
Board Action: Upon motion by Director Alfred White, seconded by Director Zac Robinson, and
carried unanimously; IT IS ORDERED that the Ukiah Valley Basin Groundwater Sustainability
Agency adds one (1) representative from the California Land Stewardship Institute to the
Technical Advisory Committee and include the California Land Stewardship Institute in the
Memorandum of Understanding, designating Ms. Laurel Marcus or her designee as the
representative.
4(h) Update on the Groundwater Sustainability Agency (GSA) Notice Submitted to
the Department of Water Resources (DWR)
Presenter/s: Ms. Sarah Dukett.
Public Comment: None.
Board Action: No action taken.
5. DIRECTOR REPORTS
Presenter/s: Ukiah Valley Basin Groundwater Sustainability Agency Directors.
Public Comment: None.
6. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Presenter/s: Mr. Stephen Wing; and Ms. Sarah Dukett.
7. ADJOURNMENT (3:03 P.M.)
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
501 Low Gap Rd., Rm. 1010 Ukiah California 95482 (707)463-4441 fax (707)463-7237
________________________________
CARRE BROWN, Chair
Attest: BRANDI BROWN
Secretary
________________________________
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.:6.a
Date:8/10/17
To:Board of Directors
Subject:Discussion and Possible Action to Adopt a Conflict of Interest Code
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Joint Powers Agreement (JPA) requires that the Agency to adopt a local conflict of interest
code.
Recommended Action:
Adopt Resolution adopting the Ukiah Valley Basin Groundwater Sustainability Agency Conflict
of Interest Code.
Background:
Section 8.4 requires the Board adopt a local conflict of interest code pursuant to the provisions
of the Political Reform Act of 1974 (Government Code sections 81000, et seq.).
On June 15, 2017, the Board directed that members submit their preferred conflict of interest
code to the Agency and review submitted items at the next regular meeting.
On July 13, 2017, the Board approved in concept a simple conflict of interest code modeled after
the Russian River Flood Control and Water Conservation District’s (RRFC) code. RRFC offered
to have their attorney review the current conflict of interest code for revisions.
RRFC’s attorney reviewed their conflict of interest code to ensure current compliance for
potential use by the Agency. Attached is a draft conflict of interest code for consideration
modeled after RRFC. In addition,RRFC’s code is included as a reference.
Fiscal Summary:N/A
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________
BOARD OF DIRECTORS
UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
RESOLUTION NO. 17-02
RESOLUTION OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY
AGENCY ADOPTING A CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code section 81000, et seq.,
requires every state or local government agency to adopt and promulgate a Conflict of
Interest Code; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation,
section 18730 of Title 2 of the California Code of Regulations, which contains the terms
of a standard model Conflict of Interest Code, which can be incorporated by reference,
and which may be amended by the Fair Political Practices Commission after public
notice and hearings to conform to amendments to the Political Reform Act; and
WHEREAS, the Agency has determined that the Conflict of Interest Code and
Appendix A accurately sets forth the current organizational structure, their designated
positions, and the respective categories of financial interests which should be made
reportable.
THEREFORE, BE IT RESOLVED that:
1. The terms, set forth in the Conflict of Interest Code and Appendix A, are hereby
adopted and constitute the Conflict of Interest Code of the Ukiah Valley Basin
Groundwater Sustainability Agency.
2) All persons holding designated positions identified in Appendix A shall file statements
of economic interest pursuant to the Conflict of Interest Code.
PASSED AND ADOPTED by the Ukiah Valley Basin Groundwater Sustainability
Agency Board of Directors at a regular meeting duly held on the 10th day of August,
2017, by the following vote:
AYES:
NOES:
ABSENT:
WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED.
_________________________________
Carre Brown, Board Chair
Ukiah Valley Basin Groundwater Sustainability
Agency
ATTEST:
______________________________
Brandi Brown
Secretary
Ukiah Valley Basin Groundwater Sustainability
Agency
1
Ukiah Valley Basin Groundwater Sustainability Agency
CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) prohibits a public official from using
his or her official position to influence a governmental decision in which he or she has a financial
interest. Every state and local government agency must adopt a conflict of interest code that identifies
all officials and employees within the agency who make governmental decisions based on the positions
they hold. The individuals in the designated positions must disclose their financial interests as specified
in the agency’s conflict of interest code. The Fair Political Practices Commission has adopted a regulation
(2 California Code of Regulations 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 Appendix A, designating positions
and establishing disclosure categories, shall constitute the conflict of interest code of the Ukiah Valley
Basin Groundwater Sustainability Agency (Agency).
Individuals holding designated positions shall file their statements of economic interests with the County
of Mendocino Registrar’s Office, which will make the statements available for public inspection and
reproduction (Gov. Code Sec. 81008). All statements will be retained by the County of Mendocino
Registrar’s Office.
The Board of Directors may determine in writing that a particular consultant, although a “designated
position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully
comply with the disclosure requirements described in this section. Such written determination shall
include a description of the consultant’s duties and, based on that description, a statement of the extent
of disclosure requirements. The Board of Director’s determination is a public record and shall be
retained for public inspection in the same mannerand location as this Conflict of Interest Code.
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APPENDIX A
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Directors 1, 2, 3
Attorney for Agency 1, 2, 3
Executive Director 1, 2, 3
Engineer for Agency 1, 2, 3
Consultants 1, 2, 3
Category I:Investments or business positions in any business entity which, within the last two years, has
contracted, or in the foreseeable future may contract, with the Agency to provide services, supplies
materials, machinery or equipment. See Government Code Sections 82034, 87103, 87206.
Category 2:Income or promised income from any source which, within the last 12 months, has
contracted, or in the foreseeable future may contract, with the Agency to provide services, supplies
materials, machinery or equipment. See Government Code Sections 82030, 87103, 87207.
Category 3:Interest in real property located within the jurisdiction, or within two miles of the
boundaries of the Agency, including any leasehold, beneficial or ownership interest or option to acquire
such interest in real property. See Government Code Sections 82033, 87103, 87206.
1
Mendocino County Russian River
Flood Control & Water Conservation Improvement District
CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) prohibits a public official from using his or her
official position to influence a governmental decision in which he or she has a financial interest. Every state and
local government agency must adopt a conflict of interest code that identifies all officials and employees within
the agency who make governmental decisions based on the positions they hold. The individuals in the designated
positions must disclose their financial interests as specified in the agency’s conflict of interest code . The Fair
Political Practices Commission has adopted a regulation (2 California Code of Regulations 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 Appendix [or Appendices],
designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the
Mendocino County Russian River Flood Control & Water Conservation Improvement District (District).
Individuals holding designated positions shall file their statements of economic interests with the County of
Mendocino Registrar’s Office, which will make the statements available for public inspection and reproduction (Gov.
Code Sec. 81008). All statements will be retained by the County of Mendocino Registrar’s Office.
The Board of Directors may determine in writing that a particular consultant, although a “designated position,” is
hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the
disclosure requirements described in this section. Such written determination shall include a description of the
consultant’s duties and, based on that description, a statement of the extent of dis closure requirements. The
Board of Director’s determination is a public record and shall be retained for public inspection in the same manner
and location as this Conflict of Interest Code.
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Directors 1, 2, 3
Attorney for District 1, 2, 3
General Manager 1, 2, 3
Engineer for District 1, 2, 3
Consultants 1, 2, 3
DISCLOSURE CATEGORIES
Category I: Investments or business positions in any business entity which, within the last two years, has
contracted, or in the foreseeable future may contract, with the District to provide services, supplies materials,
machinery or equipment. See Government Code Sections 82034, 87103, 87206.
Category 2: Income or promised income from any source which, within the last 12 months, has contracted, or in
the foreseeable future may contract, with the District to provide services, supplies materials, machinery or
equipment. See Government Code Sections 82030, 87103, 87207.
2
Category 3: Interest in real property located within the jurisdiction, or within two miles of the boundaries of the
District, including any leasehold, beneficial or ownership interest or option to acquire such interest in real
property. See Government Code Sections 82033, 87103, 87206.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 1 of 2
Item No.:6.b
Date:8/10/17
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:
Review draft bylaws and provide direction to staff.
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 and drafted bylaws modeled after the West Turlock
Subbasin GSA. Mendocino County’s Counsel is currently reviewing the draft bylaws. The
working group recommends the Board review the draft bylaws and provide comments and
direction. The Board’s comments and counsel review will be included in final draft bylaws for
adoption at the September meeting.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
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: INSERT DATE
These Bylaws are adopted and effective as of _____________,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. .................................................................................................................................4
ARTICLE 4. OFFICERS.....................................................................................................................................5
4.1 OFFICERS.............................................................................................................................................5
4.2 ELECTION OF OFFICERS.......................................................................................................................5
4.3 REMOVAL OF OFFICERS. .....................................................................................................................5
4.4 VACANCIES..........................................................................................................................................5
4.5 RESIGNATION OF OFFICERS................................................................................................................5
4.6 RESPONSIBILITIES OF OFFICERS..........................................................................................................5
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
6.2 CLERKING ASSISTANCE........................................................................................................................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..................................................................................................................................10
7.1 DEPOSIT AND DISBURSEMENT OF FUNDS........................................................................................10
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....................................................................................................11
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 INSPECTION RIGHTS........................................................................................................................11
10.4 MAINTENANCE AND INSPECTION OF AGREEMENT AND BYLAWS.................................................11
10.5 INSPECTION BY DIRECTORS.............................................................................................................11
10.6 PUBLIC RECORDS ACT REQUESTS....................................................................................................12
ARTICLE 11. ETHICS AND CONFLICTS OF INTEREST.....................................................................................12
ARTICLE 12. AMENDMENT..........................................................................................................................12
ARTICLE 13. DEFINITIONS AND CONSTRUCTION........................................................................................12
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PREAMBLE
These Bylaws are adopted and effective as of _____________, 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. 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 confirm to all required provisions of 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.
3.6 RULE OF ORDER.All rules of order not otherwise provided for In these Bylaws shall be
determined, to the extent practicable, in accordance with "Robert's Rules of Order;" provided, however,
5
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. An Officer may
succeed himself/herself and may serve any number of consecutive or non-consecutive terms.
4.3 REMOVAL OF OFFICERS.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 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.
4.5 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.
4.6 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 consistent with Robert’s Rules, unless overruled by the Board.
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4.6.2 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.
4.6.3 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.
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.
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.
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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.
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;
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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.
ARTICLE 6. AGENCY ADMINISTRATION, MANAGEMENT AND STAFFING
6.1 COLLABORATIVE MANAGEMENT.Except for the Agency's Treasurer function, Agency
administration and management will be conducted using 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.
6.1.1 Staffing Support for Agency Officers and Board Members. Staff will work together to
provide support for the Agency Officers and Board members. Board agenda and meeting materials will
generally be prepared by or reviewed by one or more members of the staff prior to being finalized.
Should member agency staff not be in agreement on any topic, the Agency Board Chair and Vice-Chair
will be consulted to provide the necessary direction. Any issue not resolvable by staff and the Agency
Board Chair and Vice-Chair will be referred to the full Board for decision.
6.1.2 Staffing for Development of GSA and GSP. Both staff from the Agreement member
agencies and other professional and technical staff from the member agencies will be involved in
providing staff support for the Agency. In addition, to the extent the Agency decides necessary, it may
hire outside consultants and/or employ staff.
6.2 CLERKING ASSISTANCE. The function of this position is to assist the Board and appointed
Secretary with the keeping of meeting minutes, preparation and posting of the agenda and record
keeping. The functions of this position will be performed by an assigned Mendocino County employee
and/or contracted by the Agency.
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 The County of Mendocino shall act as Treasurer and Controller for the Agency. The
Mendocino County Water Agency (MCWA) on behalf of the County will fulfill the duties of Treasurer and
Controller for the County. The County will establish a Trust Account to hold the funds of the Agency.
The Board will reimburse the County for the staff’s services for the Agency. Reimbursement will include
necessary staff time as well as the purchase and maintenance of any necessary materials and/or
equipment required by the Treasurer and Controller in order to complete the work.
6.3.2 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.
iv. Independent Audit. The annual independent audit will be coordinated by the
Mendocino County Auditor. The Trust Account will be included as part of MCWA annual audit
fulfilling the Controller provision in Section 12 of the Agreement. v. Exercise and perform such
other powers and perform such other duties as may be assigned to him/her by the Board.
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 collaborative 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.
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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
($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). The Treasurer shall invoice the initial Members and deposit
the funds in the Trust Account. 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.
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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.
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 INSPECTION RIGHTS.
10.3.1 Any Member may inspect the accounting books and records and minutes of the
proceedings of the Board and committees of the Board, at any reasonable time, for a purpose
reasonably related to such person's interest.
10.3.2 Any inspection and copying under this Section may be made in person or by an agent or
attorney or the entity entitled thereto and the right of inspection includes the right to copy.
10.4 MAINTENANCE AND INSPECTION OF AGREEMENT AND BYLAWS.The Agency will keep at its
principal executive office the original or copy of the Agreement and these Bylaws as amended to date,
which will be open to inspection by the Agency or any Member at all reasonable times during office
hours.
10.5 INSPECTION BY DIRECTORS. Every Director has the absolute right at any reasonable time to
inspect all non-confidential books, records, and documents of every kind and the physical properties of
the Agency. This inspection by a Director may be made in person or by an agent or attorney, and the
right of inspection includes the right to copy and make extracts of documents.
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10.6 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.
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 2
Item No.:6.c
Date:Board of Directors
To:8/10/17
Subject:Discussion and Possible Action Regarding the Department of Water Resources’
(DWR) Solicitation Package for Groundwater Sustainability Plans (GSP) and Projects
Consent Agenda Regular Agenda Noticed Public Hearing
Summary:
The Department of Water Resources will release the grant solicitation package for the
Groundwater Sustainability Planning Grant in August 2017. The application deadline for this
grant is October 2017 with funds projected to be awarded in December 2017. The Board will
need to provide direction on pursuing grant funding.
Recommended Action:
1. Authorize the Mendocino County Water Agency to apply for the Department of Water
Resources Proposition 1 Groundwater Sustainability Planning Grant.
2. Authorize the Mendocino County Water Agency to issue a Request for Proposals for the
Development of a Groundwater Sustainability Plan following the grant application submittal.
Background:
DWR is administering the Sustainable Groundwater Planning Grant Program (PGP), using
funds authorized by Proposition 1, to encourage sustainable management of groundwater
resources that support Sustainable Groundwater Management Act (SGMA). This PGP is making
a total of approximately $86.3 million available, with at least $10 million made available to
projects that serve Severely Disadvantaged Communities (SDACs) and the remaining amount
for planning, development, or preparation of GSPs. Eligible projects for this PGP must address
high and medium priority basins as identified in DWR Bulletin 118 or a non-adjudicated portion
of one of these basins.
Ukiah Valley Basin Groundwater Sustainability Agency
Agenda Summary
Page 2 of 2
Fiscal Summary:General Water Agency staff support was included in the adopted 17-18
budget and can be utilized for this project.
Action: ___________________________________________________
Motion:_____________________ 2nd:__________________________