HomeMy WebLinkAbout2024 -05 Resolution No. 24-05 Groundwater Fee RESOLUTION NO. 24-05
RESOLUTION NO. 24-05 OF THE UKIAH VALLEY BASIN GROUNDWATER
SUSTAINABILITY AGENCY ADOPTING A GROUNDWATER SUSTAINABILITY
FEE IN THE UKIAH VALLEY BASIN
RECITALS
WHEREAS, the State of California enacted the Sustainable Groundwater Management
Act(SGMA)in 2014 to provide for the sustainable management of groundwater basins,to enhance
local management of groundwater consistent with rights to use or store groundwater, to provide
local groundwater agencies with the authority and the technical and financial assistance necessary
to sustainably manage groundwater,and to manage groundwater basins through the actions of local
governmental agencies to the greatest extent feasible (Wat. Code § 10720.1 et seq.); and
WHEREAS, the stated purpose of SGMA is to provide for the sustainable management of
groundwater basins by providing groundwater sustainability agencies (GSAs) with the authority, and
technical and financial assistance necessary to sustainably manage groundwater resources; and
WHEREAS, said powers and authorities include, but are not limited to the imposition and
collection of fees on all applicable properties to fund regulatory activities within the GSAs'
jurisdictional boundaries; and
WHEREAS, the California Department of Water Resource (DWR) has designated the
Ukiah Valley Basin (DWR Bulletin 118 Basin Number 1-052) as a medium priority basin under
SGMA; and
WHEREAS, the Ukiah Valley Basin GSA is the exclusive GSA over the Ukiah Valley
Basin and developed a Groundwater Sustainability PIan (GSP) covering the entire basin, which
DWR approved on July 27, 2023; and
WHEREAS, the implementation of the Ukiah Valley Basin GSP requires exercising
regulatory powers and authorities provided in SGMA for all applicable parcels within the Ukiah
Valley Basin GSA's boundaries, including de minimis extractors (i.e., a person who extracts, for
domestic purposes, two acre-feet or less per year); and
WHEREAS, the Board of Directors of the Ukiah Valley Basin GSA seeks to impose a
groundwater sustainability fee as authorized by Water Code section 10730 to fund the costs of a
groundwater sustainability program, including implementation of the Ukiah Valley Basin GSP;
and
WHEREAS,the Ukiah Valley Basin Groundwater Sustainability Agency 2024 Regulatory
Fee Study ("Fee Study"), prepared by Hansford Economic Consulting LLC, a recognized public
finance and urban economic consulting firm for public, nonprofit, and private sector corporations,
has been provided to the Board of Directors and in which is set forth the proposed methodology
for charging a regulatory fee to be known as the Ukiah Valley Basin GSA Groundwater
Sustainability Fee ("Fee") for the purpose of managing the sustainability of Basin Number 1-052
that constitutes (1) a charge imposed for a specific benefit conferred directly to the payor that is
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not provided to those not charged, and (2) a charge imposed for a specific government service
provided directly to the payor that is not provided to those not charged; and
WHEREAS, the Fee Study shows that the fee adopted herein is not a tax, the amount is
no more than necessary to cover the reasonable costs of the governmental activity, and that the
manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the
payor's burdens on, or benefits received from, the governmental activity; and
WHEREAS, the Fee Study is hereby incorporated by reference into this Resolution; and
WHEREAS, the Ukiah Valley Basin GSA has determined that it will regulate de minimis
extractors pursuant to Resolution No. 24-04; and
WHEREAS, pursuant to Water Code section 10730(d), prior to imposing the Fee, the
Ukiah Valley Basin GSA has held a public meeting, at which written or oral presentations have
been made; and
WHEREAS, pursuant to Water Code section 10730(d), the Ukiah Valley Basin GSA
posted notice of the time and place of the public meeting at which the Fee will be considered, the
notice was published in the newspaper in compliance with Government Code section 6066, the
notice was posted on the Ukiah Valley Basin GSA's website and was mailed to interested parties,
and the data to support the Fee was available to the public at least 20 days before the Ukiah Valley
Basin GSA's public meeting to impose the Fee; and
WHEREAS, the Ukiah Valley Basin GSA General Manager and Counsel are hereby
authorized and directed to take such other and further steps as may be necessary or appropriate to
implement the intent and purpose of this resolution.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Ukiah Valley
Basin Groundwater Sustainability Agency as follows:
1. The Ukiah Valley Basin GSA hereby finds that the facts set forth in the Recitals to
this Resolution arc correct and establish the factual basis for the Ukiah Valley Basin
GSA's adoption of this Resolution; and
2. The Ukiah Valley Basin GSA finds that all prerequisites required before adopting
the Fee have been met, including the proper public noticing of the hearing and the
conduct of the public hearing; and
3. The Ukiah Valley Basin GSA approves the Regulatory Fee Study and finds that it
is the proper basis on which to establish the Fee, and that the Fee adopted herein is
not a tax, that the amount is no more than necessary to cover the reasonable costs
of the governmental activity, and that the manner in which those costs are allocated
to a payor bear a fair or reasonable relationship to the payor's burdens on, or
benefits received from, the governmental activity; and
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4. The Ukiah Valley Basin GSA hereby adopts the Fee, including a Fee on de minimis
extractors, residential, commercial, irrigated agriculture, and public water systems
using groundwater as set forth in Attachment A hereto; and
5. The General Manager of the Ukiah Valley Basin GSA is hereby authorized and
directed to file a certified copy of this resolution with the Auditor-Controller of the
County of Mendocino. Upon such filing, the County Auditor-Controller shall enter
on the County assessment roll opposite each lot or parcel of land the amount of fee
thereupon as shown in the levy roll. The fees shall continue to be collected at the
same time and in the same manner as County taxes are collected and all the laws
providing for collection and enforcement shall apply to the collection and
enforcement of the assessments. After collection by the County, the net amount of
the assessments,after deduction of any compensation due the County for collection,
shall be paid to the to the Ukiah Valley Basin GSA. Reference is hereby made to
the direct charge levy roll on file with the General Manager of the Ukiah Valley
Basin GSA, as it is too voluminous to be bound with this resolution. This roll file
contains a list of parcels and the amount to be collected for each parcel; and
6. The General Manager of the Ukiah Valley Basin GSA is hereby authorized and
directed to cause the direct billing of the fee for entities that do not receive a tax
bill; and
7. The General Manager and Legal Counsel of the Ukiah Valley Basin GSA are
hereby authorized and directed to take such other and further steps as may be
necessary or appropriate to implement the intent and purpose of this resolution.
PASSED AND ADOPTED on this 181h day of June 2024 by the following vote:
Chair McGourty: AL
Vice-Chair Crane:Secretary
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Director McNerlin: Nosa*
Director Nevarez: 1�Yevr�h
Director Gaska: A�
AYES: LA NOES: ABSENT: ABSTAIN:
By:
Chair Glenn McGourty
CERTIFICATION
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I certify that the foregoing Resolution was duly and regularly passed and adopted at a regular
meeting of the Ukiah Valley Basin Groundwater Sustainability Agency held on the 1 Sty' day of
June 2024, of which meeting all Directors were notified and at which meeting a quorum was
present at all times and acting.
By: Date:
`rhks- s" M c-Q A"A—, Secretary/Clerk of the Board of Directors of the Ukiah Valley Basin
Groundwater Sustainability Agency, County of Mendocino, State of California.
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UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
GROUNDWATER SUSTAINABILITY FEE
ATTACHMENT A
SECTION 1. DEFINITIONS
1.1 "Base Fee" means the Part I Fee allocated to acreage located within the Ukiah Valley
Basin boundary excluding Exempt Parcels.
1.2 "Basin" means the Ukiah Valley Basin as set forth in Bulletin 118 of the California
Department of Water Resources, as may be amended from time to time.
1.3 "Core Administrative Costs" means those costs typically incurred every year by the
Ukiah Valley Basin GSA to operate; examples include, but are not limited to, County
administration costs, insurance, legal costs, fee program administration, and Board and
committee costs.
1.4 "Exempt Parcels" means parcels owned by the Federal Government, and tribal lands
held in trust by the Federal Government.
1.5 "Fee" means the Groundwater Sustainability Fee charges as set forth herein.
1.6 "General Manager"means the General Manager of the Ukiah Valley Basin GSA.
1.7 "Group Fee" means the Part 2 Fee allocated to three groups of groundwater users
defined as Group 1, Group 2, or Group 3 Parcels.
1.8 "Group I Parcel"means a parcel that is located within the service boundary of a Public
Water System that is not defined as a Group 2 Parcel.
1.9 "Group 2 Parcel" means a parcel that is identified as growing crops for at least some
portion of the year using DWR's most recently released publicly available crop
mapping dataset, or a property with at least one medium, large, or nursery stock
cannabis license issued by Mendocino County as of June I of each year.
1.10 "Group 3 Parcel"means a parcel that has an improvements value determined by the
County Assessor for structurc(s)located on the property,and the property is not located
within the service boundary of a Public Water System but may be served by a State
Small Water System and is not identified as a Group 2 Parcel.
1.11 "Group 4 Parcel"means a parcel that is not an Exempt Parcel and is not in Groups
1, 2,or 3. The land is located outside Public Water System service provider boundaries
and is unimproved (not assessed by the County Assessor for any structure(s) located
on the property).
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1.12 "Jurisdictional Area" means those parcels of real property within the Basin and
straddling the Basin that use groundwater or surface water derived, extracted, or
otherwise obtained from within the Basin excluding therefrom any area for which the
Ukiah Valley Basin GSA has entered into an agreement that provides that the Fee shall
not be charged within such area, or any portion thereof.
1.13 "Part 1 Fee"means the imposition of that portion of the Fee that pays for the Core
Administrative Costs of the Ukiah Valley Basin GSA.
1.14 "Part 2 Fee" means the imposition of that portion of the Fee that pays for all other
regulatory costs incurred by the Ukiah Valley Basin GSA.
1.15 "Public Water System" means an entity owning or operating a system for the
provision of water for human consumption through pipes or other constructed
conveyances that has 5 or more service connections or regularly serves at least 25
individuals daily at least 60 days out of the year.
1.16 "Person" means the owner(s) of real property, or a Public Water System charged
the Fee.
1.17 "State Small Water System"means a water system with 2 to 14 connections that is
regulated by the Mendocino County Health Department.
1.18 "Ukiah Valley Basin GSA" means the Ukiah Valley Basin Groundwater
Sustainability Agency.
SECTION 2. ESTABLISHMENT OF FEE
2.1 There is hereby charged within the Jurisdictional Area a Fee pursuant to Section 10730
of the California Water Code, and as more fully set forth herein.
2.2 The Fee may consist of one or more of the following charges as follows:
2.2.1 Base Fee—With the exception of Exempt Parcels,all acreage of parcels within
the Ukiah Valley Basin boundary shall pay the Base Fee.The Base Fee is$4.07 per acre of property
within the Ukiah Valley Basin boundary for Fiscal Year 2025. The Base Fee is subject to an annual
adjustment as set forth in the Annual Fee Adjustment Section below.
2.2.2 Group Fees — All Public Water Systems serving at least some customers
located in the Jurisdictional Area and all Group 2 and Group 3 parcels in the Jurisdictional Area
shall pay the Group Fees. The Group 1 Fee is $0.1352 per thousand gallons of extraction; the
Group 2 Fee is $32.75 per cropped acre, and the Group 3 Fee is $34.67 per acre for Fiscal Year
2025. Group 4 parcels are not allocated Part 2 Fee costs; therefore, the Group 4 Fee is $0.00 for
Fiscal Year 2025. The Group Fees are subject to an annual adjustment as set forth in the Annual
Fee Adjustment Section below.
2.2.3 Annual Fee Adjustment - In order to keep pace with inflationary costs of
service in carrying out the Ukiah Valley Basin GSA's purposes for which the Fees are collected,
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the Board may adopt an annual fee increase based on annual data updates and the adopted budget.
In the event the required annual data updates are not performed and/or the budget is adopted later
than May, there shall be an automatic annual fee increase of 4% or the 12-month change (March
to March) in the West Region Consumer Price Index for All Urban Consumers (CPI-U)published
by the U.S. Department of Labor, Bureau of Labor Statistics, whichever is lower, and not less than
zero.
2.3 The Fee shall be payable to the Ukiah Valley Basin GSA as follows:
2.3.1 The Ukiah Valley Basin GSA shall determine those real properties that are
subject to the Fee and shall submit their Fee to the Auditor-Controller of the County of Mendocino,
who then shall enter on the County assessment roll opposite each lot or parcel of land the amount
of Fee thereupon as shown in the levy roll. The fees shall continue to be collected at the same time
and in the same manner as County taxes are collected and all the laws providing for collection and
enforcement shall apply to the collection and enforcement of the assessments.
2.3.2 For Persons who do not typically receive a property tax bill, the Ukiah Valley
Basin GSA shall mail a bill directly to the property owner at the address shown on the most recent
equalized tax roll or other address on file with the General Manager.
2.3.3 If any Person fails to pay the Fee as charged, that Person shall pay interest to
the Ukiah Valley Basin GSA at the rate of one percent (1%) per month on the delinquent amount
of the Fee and a ten percent(10%) penalty, pursuant to Water Code section 10730.6.
2.3.4 In addition to the interest and penalty set forth in Section 2.3.3, the Board of
Directors may elect to utilize any of the remedies available to it for failure to pay the Fee as set
forth in Water Code section 10730.6 or otherwise provided by law.
SECTION 3. APPEAL
3.1 Should a Person ("Appellant") wish to contest the Fee billed to their Public Water
System or property, the Appellant shall first be required to pay the Fee as charged. Within thirty
(30) days following payment of the Fee, the Appellant may file an appeal with the Ukiah Valley
Basin GSA, on a form approved by the General Manager, setting forth the basis upon which the
appeal is made. The appeal will be considered timely filed if, within the time allowed, the form is
1) postmarked, United States first class mail, 2) delivered to the General Manager or Clerk of the
Board of Directors by electronic mail, or 3) personally delivered to the General Manager.
3.2 Within thirty (30) days of filing the appeal, the General Manager shall meet with the
Appellant to discuss the basis of the appeal. The General Manager is authorized to grant the
appeal, in whole or in part, or deny the appeal. The determination shall be made no later than
fifteen (15) days following the meeting and shall be in writing and delivered to the Appellant in
the same manner as the filing of the appeal.
3.3 If the Appellant who filed the appeal is dissatisfied with the determination of the
General Manager, the Appellant may file an appeal to the Board of Directors within fifteen (15)
days of delivery of the determination, following the procedures for filing of an appeal as set forth
in Section 3.1, above.
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SECTION 4. PERIODIC REVIEW
4.1 Annually during the budget process, the Board of Directors shall review the Fee to
determine if the Fee is sufficient to cover expenses consistent with the California Constitution.
The Board of Directors may increase or decrease the Fee as necessary or appropriate in compliance
with the California Constitution.
4.2 At least every five (5) years, the Board of Directors shall perform a comprehensive
review of the Fee and its methodology to determine if the methodology for calculating and
charging the Fee continues to be appropriate or should be changed. The Board of Directors may
authorize the retention of a consultant to assist with the review and shall hold at least one public
meeting to receive testimony from the public regarding the Fee. Any change in methodology for
calculating and charging the Fee shall be subject to the requirements of the California Water Code
and the California Constitution.
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