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HomeMy WebLinkAbout2026-04-21 MCWD Packet1 UKIAH VALLEY WATER AUTHORIT r Millview County Water District Regular Meeting AGENDA 151 Laws Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link:httys:11us06web.i m. u0186293652807. Or you can call in using your telephone only: • Call (toll free) 1-888-788-0099 • Enter the Access Code: 862 9365 2807 April 21, 2026 - 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.a. 2026-03-17 Millview Minutes Recommended Action: Approve the Minutes of March 17, 2026. Attachments: 1. 2026-03-17 Millview Minutes.pdf 3. AUDIENCE COMMENTS ON NON -AGENDA ITEMS The Ukiah Valley Water Authority (UVWA) - Millview County Water District members welcome input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject_ The Brown Act regulations do not allow action to be taken on audience comments on non -agenda items. If you wish to submit written comments, please provide information to the UVWA-Millview, located at 151 taws Avenue, Ukiah, CA, 95482. 4. FINANCIAL REPORTS 4.a. Millview Balance Sheet 2-28-26 Attachments: 1. Millview Balance Sheet 2-28-26 4.b. Millview Check Register March 2026 Attachments: 1. Millview Check register March 2026 4.c. Millview Check Register February 2026 Attachments: 1. Millview Check register February 2026 4.d. YTD Budget Report; Millview 2-28-26 Attachments: Page 1 of 2 Millview YTD Budget Report 2-28-26 5. NEW BUSINESS 5.a. Consideration and Possible Action to approve a quote for a new motor and well rehab. Recommended Action: Staff recommendation to approve the quote. Attachments-. 1. Ukiah well 35 Motor swap and rehab 6. UNFINISHED BUSINESS 6.a. Discussion and Possible Action regarding a Common Interest Agreement Attachments: 1, UVWA.CommonlnterestAgreement. 7. ADMINISTRATIVE AND OPERATIONAL REPORTS 7.a. Report on Local Water Districts Projects. 7.b. Report on Eel -Russian Project Authority (ERPA) & Inland Water and Power Commission (IWPC). 7.c. Report on Ukiah Valley Water Authority (UVWA). 7.d. Report on Ackerman Bridge Update. 8. COMMITTEE MEMBER ANNOUNCEMENTS AND REPORTS 9. CLOSED SESSION 9.a. Govt. Code Section 54956.8 Conference with Real Estate Negotiators Jared Walker, Christopher Neary re: Waldteufel Prel 914 Water Right. Under discussion, price and terms. 10. SET NEXT MEETING DATE 10.a. May 19, 2026 Recommended Action: The next regular meeting is scheduled for May 19, 2026, unless there is no business to come before the Board. Attachments: None 11. ADJOURNMENT Please be advised that the Ukiah Valley Water Authority (UVWA)-Millview County Water District (MCWD) needs to be notified 24 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. UVWA-MCWD complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the UVWA-MCWD Board Members after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies. I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the Water District Office located at 151 Laws Ave., Ukiah, California; not less than 24 hours prior to the meeting set forth on this agenda. Kim Salor, Deputy City Clerk Dated: April 16, 2026 Page 2 of 2 i UKIAH VALLEY WATER AUTHORITY MILLVIEW COUNTY WATER DISTRICT MINUTES Regular Meeting WATER DISTRICT OFFICE CONFERENCE ROOM 151 Laws Avenue Ukiah, CA 95482 Virtual Meeting Link: htt s:Hus06web.zoom_us/i/86293652807. Ukiah, CA 95482 March 17, 2026 5:00 p.m. 1. CALL TO ORDER AND ROLL CALL The Millview County Water District (MCWD) met at a Regular Meeting on March 17, 2026, having been legally noticed on March 13,2026. The meeting was held in person and virtually at the following link: httcs:Ilus06web.zoom..u5118G293652807. Chair Prince called the meeting to order at 5:04 p.m. Roll was taken with the following Members Present: Michael DeMartini, Bryan Ross and Tim Prince. Members Absent: None. Staff Present: Jared Walker, MCWD General Manager; and Kim Saylor, Deputy Clerk. CHAIR PRINCE PRESIDING. 2. APPROVAL OF MINUTES a. Approval of the Minutes for February 17, 2026, Regular Meeting. Motion/Second: B. Ross /M. DeMartini to approve the Minutes for February 17, 2026 Regular Meeting, as submitted. Motion carried by the following roll call votes: AYES: DeMartini, Ross and Prince. NOES: None. ABSENT: None. ABSTAIN: None. 3. AUDIENCE COMMENTS ON NON -AGENDA ITEMS Ken Budrow had several comments/questions regarding JPA. Member Consensus to add an additional item to closed session on Mr. Neary's recommendation. Conference with Legal Counsel — Anticipated Litigation (Government Code Section 54956.9(d)(2)) Significant exposure to litigation (1 case) 4. NEW BUSINESS 5. UNFINISHED BUSINESS 6. ADMINISTRATIVE AND OPERATIONAL REPORT Presenter: Jared Walker, Millview Water Districts General Manager. a. Report on Local Water Districts Projects. River Intakes at the treatment plant are getting seasonal preparation, weed abatement and mowing. Willow lease purchase agreement for 151 Laws Ave (Willow Water District Building) is coming up on the City Council agenda. Willow fleet already sold to City of Ukiah for operational usage. b. Report on Eel -Russian Project Authority (ERPA) & Inland Water and Power Commission (IWPC). Last IWPC meeting was March 12, 2026 it was a long meeting with closed session items at the end. c. Report on Ukiah Valley Water Authority (UVWA). Last meeting was March 5, 2026, Next meeting April 2, 2026. d. Report on Ackerman Bridge Update. GM Walker has a wrap up meeting with the County to complete the project requirements. 7. COMMITTEE MEMBER ANNOUNCEMENTS AND REPORTS None. 8. SET NEXT MEETING DATE a. Discussion, Consideration, and Scheduling of Next Meeting Date with Meeting to be Held at the Water District Office Conference Room,151 Laws Avenue, Ukiah, CA 95482, at 5:00 p.m. Presenter: Jared Walker, MCWD General Manager. Member Consensus to schedule the next Regular meeting on April 21, 2026, at 5:00 p.m. 9. CLOSED SESSION Motion/Second: M. DeMartini/T. Prince to go into closed session at 6:02. Govt. Code Section 54956.8 Conference with Real Estate Negotiators Jared Walker, Christopher Neary re: Waldteufel Pre1914 Water Right. Under discussion, price and terms. Information received, direction given to staff. Conference with Legal Counsel — Anticipated Litigation (Government Code Section 54956.9(d)(2)) Significant exposure to litigation (1 case) Information received, no action taken. Member Consensus to bring this item back to the next meeting. Motion/Second: M. DeMartini/B. Ross to come out of closed session at 6:45. 10. 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Moorland Ave. Santa Rosa, CA 95407 T:707-584-9191 Estimate Quoted by Johnny Newkirk License No. 1033562, Class A General Engineering & C-57 Drilling Contractor C-10 Electrical Contractor & C-55 Water Treatment & C-16 Fire Protection & C6I/D21 Pumps and Machines DIR## 1000054366 City of Ukiah 3,00 -S eminaryAve. IN iah, CA 95482 UKH-035 Rehab 245 Carter Ln. Ukiah, CA 95482 Aaron Knowles Material GOULDS 60252 25HP MOTOR l Each 6,982.88 6,982.88 #6 FLAT JACKET PUMP WIRE 250 Ft $ 7.74 $ 1,935.00 3" 80D1 SPRING CHECK VALVE 1 Each $ 1,129.87 $ 1,129.87 BORESAVER CHEMICAL COMPOUND 27# BUCKET 27 Each $ 512.00 S 13,824.03 Labor Labor to install new 25HP motor 8 Hour $ 330.00 $ 2,640.00 Labor to brush and swab well 24 Hour $ 330.00 S 7,920.00 Taxable Other MISC MATERIAL I Lump Sum $ 1,193.59 $ 1,193.59 Project Notes & Exclusions IS. Quote is for time and materials. Pricing is valid for 30 da Material Total $ 23,871.78 Labor Total $ 10,560.00 Taxable Other Total $ 1,193.59 Non -Taxable Other Total Freight $ 1,068.76 Fuel Surcharge $ 712,51 Tax 7.75°/ $ 2,080.61 COMMON INTEREST AGREEMENT Regarding UKIAH VALLEY WATER AUTHORITY AND PURPOSES THEREOF 1. This Common Interest Agreement ("Agreement") is entered into and by Calpella County Water District ("Calpella"), Millview County Water District ("Millview"), Redwood Valley County Water District ("Redwood"), the City of Ukiah ("Ukiah"), and Willow County Water District ("Willow") (collectively, the "Members"), and the Ukiah Valley Water Authority (the "Water Authority") (collectively, the "Parties"). The Members are members of the Water Authority, a Joint Exercise of Powers Authority formed pursuant to the Joint Exercise of Powers Act (Gov. Code sections 6500 et seq.). Each of the Parties have been and continue to be engaged in discussions regarding powers and authorities of the Water Authority, including, but not limited to, the consolidation of the Members' various water systems, associated water rights, and applications for funding from the State of California. The Parties have a common interest in the successful prosecution, implementation, and defense of the various powers, authorities, and purposes discussed in the Joint Exercise of Powers Agreement, as is and may be amended, (the "JPA") and which formed the Water Authority (the "Common Interest") 2. In pursuit of the Common Interest, each of the Parties recognizes that the ability to freely share data, reports, studies, communications, and memoranda, and to coordinate their efforts related to the Common Interest without waiving any privilege or confidentiality of said information, will be greatly enhanced by the abilities of the respective Parties' employees, experts, and legal counsel to communicate about these matters. At the same time, the Parties recognize that certain proceedings may very likely take place in front of federal or state agencies, other administrative entities, and courts of law. This recognition makes it imperative that the associated communication between the Parties and their respective experts and legal counsel associated with these matters remain privileged and confidential. Thus, the Parties each have an interest in sharing materials as further defined below, including but not limited to: data, modelling, assumptions, legal analyses, draft and final studies and plans, contingencies, and negotiation strategy associated with the Common Interest, all of which are considered by the Parties to be information covered by this Agreement. 3. Each of the Parties have consulted their respective attorneys both for separate purposes and for purposes within the Common Interest. The Parties believe that disclosure of certain privileged information among the Parties will advance the Common Interest (including legal interests), will further the interest of the disclosing Party, and is reasonably necessary to accomplish the purpose for which the disclosing Party's attorney was consulted. In this regard, the Parties wish to continue to pursue both their separate interests and the Common Interest, and to avoid any suggestions or claims of waiver of the protections of the attorney- client privilege, the work -product doctrine, and all other privileges or confidences, as are applicable. 4. The Water Executive Committee of the Water Authority may appoint an attorney licensed to practice law in California who shall then serve at the pleasure of the Water Authority. Until such appointment, and in accordance with the JPA, the City shall provide legal counsel to the Water Authority. Any such attorney shall act as counsel for the Water Authority until such time as the Water Executive Committee appoint a replacement counsel. The Parties, and each of them, acknowledge that joint representation of the Water Authority and any of the Members can constitute a conflict of interest and may raise issues associated with the duty of loyalty, client communication, and duty of confidentiality. It is the expectation of the Parties that the Water Authority will be staffed by staff persons working for the Members, particularly the City of Ukiah. In addition, the Water Executive Committee, the legislative body of the Water Authority, is made up of by directors of the Members. In addition, the Parties are sophisticated in their provisioning of legal services. For these reasons, the Parties are in good positions to evaluate this conflict of interest and by the approval of this Agreement the governing boards of the Parties agree to waive such potential conflicts of interest. In the event of actual litigation between any of the Parties, each Member shall be permitted to continue to retain its own counsel, but the Authority will be required to retain independent counsel. Legal counsel for the Water Authority, whether independent or provided by a Member, shall work cooperatively with Water Authority staff but shall report to the Water Executive Committee. 5. In order to effectively pursue matters related to the Common Interest, the Parties agree that, from time to time, the Common Interest is best served by exchanging oral, electronic, and/or written communications or documents which, in the absence of such sharing, would be protected from disclosure to any third party by the attorney -client privilege, the work product doctrine, the exceptions to disclosure provided to public agencies by the California Public Records Act, and/ or other applicable privilege or basis for maintaining material within the Common Interest as confidential. All such shared information is considered by the Parties, and will be treated in accordance with the provisions of this Agreement, as "Common Interest Material." 6. The purpose of this Agreement is to ensure that the exchange or disclosure of Common Interest Material in furtherance of the Common Interest does not diminish in any way the confidentiality of the Common Interest Material or be deemed to constitute a waiver of any privilege or other protection accorded to the Common Interest Material, and the Parties hereby declare their intent that no sharing of information as set forth above shall waive the attorney -client privilege, the attorney work product doctrine, any exception applicable under the CPRA, and/ or other applicable privilege, confidence, or basis for maintaining the Common Interest Material as confidential. 7. Nothing in this Agreement shall be deemed to require that any Party share any particular information or material, including Common Interest Material, with any other Party, or to create or establish any right of any Party to request or demand any information or material, including Common Interest Material, from another Party. S. All written materials exchanged in accordance with this Agreement shall be clearly marked "PRIVILEGED AND CONFIDENTIAL - SUBJECT TO COMMON INTEREST AGREEMENT." The Parties shall use their best efforts to so mark all such written materials, and shall instruct all attorneys, paralegals, clerical, consultants, experts, and other personnel as to this requirement; provided, however, that failure to mark such exchanged materials shall not be treated as waiving any applicable privilege as to any materials not so marked. This requirement for marking of materials is prospective in nature and does not apply to materials previously exchanged pursuant to oral common interest agreements which did not include a requirement for such marking. 9. The Parties agree that this Agreement also pertains to information shared prior to this Agreement and in pursuance of the Common Interest. To the extent the Parties have previously agreed to a common interest and to share information in pursuance of that common interest, all information shared under such prior agreement(s) shall continue to be protected by all applicable privileges. This Agreement memorializes any earlier oral agreement(s) and incorporates and supersedes any prior written or oral agreements between any of the Parties pursuant to which Common Interest Material has been exchanged. 10. Except as expressly stated in writing to the contrary, any and all Common Interest Material obtained by any of the counsel from each other and:' or each other's clients has been and is being provided solely for the internal use of the Parties and their respective counsel in pursuance of the Common Interest and shall remain confidential and be protected from disclosure to any third party by the common interest privilege, the common interest doctrine, the respective Party's attorney client privilege, the attorneys' work product privilege, and/ or any other applicable privileges, confidences, and immunities. I I - All Common Interest Material shall be used solely in pursuance of the Common Interest; provided, however, that nothing in this paragraph shall limit the rights of the originating Party with regard to the use of infonnation developed by that Party or its counsel, without using or relying upon Common Interest Material, whether or not shared with the other Party, in any manner it wishes; provided further, no Party is required to treat information or material obtained from sources other than exchanges pursuant to this Agreement as Common Interest Material. 12. All communications, oral and written, between the Parties in matters related to the Common Interest, or among or between necessary persons acting on their behalf, including, but not limited to, counsel for the Parties and their paralegals, consultants, experts, agents, or others acting on behalf of a Party or the Parties in matters related to the Common Interest are conclusively presumed to be made pursuant to this Agreement and to convey Common Interest Material; unless, however, a Party to such communication, at the outset of such communication, specifies that the particular communication is not being made pursuant to this Agreement. 13. Each Party will take all necessary and appropriate measures to ensure that any person who is granted access to any Common Interest Material, or who participates in work on joint projects in pursuance of the common interest, or who otherwise assists counsel in connection with the performance of this Agreement, is familiar with the terms of this Agreement and complies with such terms as they relate to the duties of such person. Any such person shall, prior to accessing Common Interest Material, sign the attached Individual Acknowledgment and Agreement, and the Party Representative shall attest to that person's participation in the Common Interest and distribute an executed copy of the Individual Acknowledgment and Agreement to the other Parties. 14. The Parties agree that, in the event any Party determines it no longer shares, or no longer will share, the Common Interest with the other Parties for any reason, that Party will promptly notify the other Parties of its intent to withdraw from this Agreement. The notice shall be given in accordance with this Agreement and the issuance of the notice of withdrawal shall terminate the Party's interest in this Agreement; provided, however, that the obligation of confidentiality and privilege with respect to Common Interest Material previously provided pursuant to this Agreement shall survive such withdrawal and termination. 15. If a Party or person identified in Sections 1 or 13 becomes subject to a bona fide requirement by law, regulation, deposition question, interrogatory, request for public information, records, or documents, including under the California Public Records Act, subpoena, civil investigative demand, or similar process (collectively, a "Requirement") to disclose any Common Interest Material, such Party: (i) will, upon receipt of the Requirement and prior to producing any Common Interest Material, immediately notify the other Parties of the existence, terms, and circumstances of such Requirement to the extent permitted by law and in accordance with that Party's legal counsel; and (ii) will cooperate fully with any other Party seeking a protective order. The Party that received the Requirement shall determine whether the requested or demanded Common Interest Material can be protected in accordance with the law. If, in the opinion of that Party, the requested or demanded Common Interest Material is not exempt from disclosure or production, that Party shall promptly notify the other Parties, each of whom shall have the right to seek a protective order that may be based upon a privilege the Party that received the Requirement might hold. If such an order is sought, the Party that received the Requirement will refrain from disclosing the requested or demanded Common Interest Material until such time as a final disclosure agreement or judicial determination is made concerning the Requirement; provided, however, that the Party that received the Requirement shall not be required to refrain from disclosing the requested or demanded Common Interest Material if doing so would violate the law. The costs and expenses for seeking any protective order pursuant to this paragraph shall only be borne by the Party(ies) opposing the Requirement. If a Party subject to a Requirement, who has complied with the notification and cooperation obligations described in this paragraph, is compelled, in the opinion of its legal counsel, to make disclosure of Common Interest Material or else stand liable for contempt or other substantial penalty, such Party: (i) will furnish only that portion of the Common Interest Material which is legally required pursuant to the terms of such Requirement as modified by any protective order; and (ii) will not be liable to any other Party for the disclosure of Common Interest Material. The Parties intend to consider sharing costs and other resources involved in protecting Common Interest Material from improper disclosure. The Parties acknowledge that such costs cannot be shared exactly equally all the time; therefore, should a Party that received a Requirement believe the costs of preventing improper disclosure of Common Interest Material are, have become, or will become disproportionate, the Parties agree to jointly consult to discuss whether and to what extent such costs should be shared. 16. Each of the Parties understands and acknowledges that each respective Party is represented exclusively by the Party's own counsel with respect to the Common Interest and that nothing in this Agreement transforms counsel for any Party into counsel for any other Party or creates an attorney -client relationship with any counsel other than the Party's own counsel. Each party also understands and acknowledges that counsel representing another Party owes an uncompromising duty of loyalty to its client and to no other Party, and that while all counsel subject to this Agreement have a duty to preserve the confidences disclosed to them pursuant to this Agreement, they will not act for any Party other than their own client with respect to the Common Interest. 17. Participation in this Agreement or in any effort related to the Common Interest shall not be the basis for a claim of conflict of interest or for recusal in any proceeding in which the Parties are or may be adverse to each other or where counsel for the Parties may represent adverse interests. The obligations under this paragraph will survive the termination or dissolution of this Agreement and will continue to bind each Party should that Party withdraw from this Agreement. 18. The obligations of the Parties with respect to any aspect of the protection of Common Interest Material from improper disclosure survive the withdrawal of a Party for any reason and survive the complete resolution of any action or proceeding related to the Common Interest. 19. This Agreement shall not constitute or be interpreted, construed, or used as evidence of any admission of liability, law, or fact, a waiver of any right or defense, or an estoppel against any Party. However, nothing in this Agreement is intended or should be construed to limit, bar, or otherwise impede the resolution of any dispute between the Parties. 20. The effective date of this Agreement shall be the date it is executed by the Parties. 21. All modifications of this Agreement must be in writing and signed by an authorized representative of each Party. 22. Additional parties may be added to this Agreement upon: a) approval by the Water Executive Committee; and b) valid execution by the additional party; provided, however, that any such additional party first executes the JPA and is thus a Member of the Water Authority. 23. This Agreement shall be interpreted under the substantive laws of the State of California without regard to choice -of -law principles. If any provision of this Agreement is found invalid or unenforceable, then the balance of this Agreement shall remain in full force and effect. 24. Nothing in this Agreement shall be construed to waive any rights, claims, or privileges which any Party shall have against the other party or any other person or entity. 25. This Agreement does not form a joint venture or partnership by or among the Parties. Unless otherwise expressly agreed to in writing by the Parties, no Party shall be entitled to compensation or reimbursement from any other Party for the participation of its employees, officers, agents, servants, contractors, or attorneys in the defense of any threatened or asserted claims subject to this Agreement or for the costs of participation in this Agreement. 26. This Agreement may be signed in separate counterparts, each of which shall be binding on all Parties who are signatory to any counterpart. 27. The Parties hereby authorize this Agreement to be executed upon the facsimile or electronic signatures of the authorized representatives of the respective Parties and agree that such facsimile or electronic signature shall be valid and binding as though original signatures had been provided. 28. All notices pursuant to this Agreement shall be in writing and shall be given using one of the following methods: hand -delivery; registered or certified mail, postage pre -paid, return receipt requested; nationally recognized courier service; or e-mail. Any notice shall be deemed delivered five (5) business days after such mailing date, except that any notice hand - delivered or sent via overnight delivery service or e-mail shall be deemed delivered one (1) business day after the dispatch date. Notices shall be addressed to the Parties at the addresses or a -mails set forth below. A Party's address may be changed by written notice to the other Parties. 29. Each signatory, by signing this Agreement, warrants his or her authority to bind his or her respective Party and to act as the Party Representative for purposes of this Agreement. 30. Nothing in this Agreement modifies or alters any prior agreements between the Parties. In the event of a conflict with the terms of this Agreement and some other agreement between the Parties, the terms of whichever agreement was executed earlier shall prevail. Calpella County Water District: Date: Printed Name: Title: Address: Phone: Email: Millview County Water District: Date: Printed Name: Title: Address: Phone: Email: Redwood Valley County Water District: Date: Printed Name: Title: Address: Phone: Email: (Party) COMMON INTEREST AGREEENT INDIVIDUAL ACKNOWLEDGEMENT AND AGREEMENT By signing below, 1, (individual's name) _ , with and for , acknowledge I have read and understand the terms of the Common Interest Agreement and agree to abide by the terms of the Common Interest Agreement. Date: Printed Name: Title: By signing below, I, (Party Representative) , attest the above individual is an authorized agent of (Party) _ for purposes of the Common Interest Agreement. Party: Printed Name: Title: