HomeMy WebLinkAboutStaff Report 5.A 05/01/2017Agenda Item #5.A
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DATE: May 1, 2017
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director, Public Works and Utilities
Leah Walker, P.E. — Environmental Services Manager
SUBJECT: Resolution to Approve Joint Exercise of Powers Agreement Creating the
Petaluma Valley Groundwater Sustainability Agency and Appoint a Primary
Director and Alternate Director to Groundwater Sustainability Agency Board
RECOMMENDATION
It is recommended that the City Council adopt a Resolution Approving a Joint Exercise of
Powers Agreement (JPA) Creating the Petaluma Valley Groundwater Sustainability Agency
(GSA) and Appoint a Primary Director and Alternate Director to the GSA Board.
BACKGROUND
At Council meetings and workshops on November 2, 2015, November 14, 2016, and December
19, 2016, the City Council expressed interest in participating in the formation of a Groundwater
Sustainability Agency and cooperating with other agencies towards the responsible, long -term
and sustainable management of the Petaluma Valley Groundwater Basin. The attachments to this
report provide background on the Sustainable Groundwater Management Act (SGMA), and the
steps taken with other agencies in Sonoma County to meet SGMA requirements. The GSA -
eligible entities in the Petaluma Valley Basin [Sonoma County Water Agency (SCWA), Sonoma
County, City of Petaluma, North Bay Water District (NBWD), and Sonoma Resource
Conservation District (SRCD)] have collectively developed a JPA to create a single basin -wide
GSA for the Petaluma Valley groundwater basin, and the governing board or council of each
entity is being asked to approve the JPA.
The staff report also provides an alternative resolution setting a public workshop to consider
authorizing the City of Petaluma to become a Groundwater Sustainability Agency (GSA) over
that portion of the Petaluma Valley Groundwater Basin that lies within the City limits of the City
of Petaluma, in the event the City Council believes exercising an option different from the staff
recommendation is warranted.
DISCUSSION
Summary of Prol4ress Since Last Workshop: Since the Council last discussed GSA formation
in December 2016, the primary issues of concern have been addressed. The voting structure in
the JPA maintains the requirement that the City and the County must vote in the affirmative for
any supermajority item such as budget, fees, and regulations. The Alternate Director may be an
elected council member or executive staff, whereas the Primary Director must be an elected. The
indemnity clause has been revised as requested by the City. The startup costs for the GSA have
been reduced and the initial funding allocation, presented herein, is considerably lower than
previously reported for either GSA option. The proposed JPA has been reviewed in detail by
staff and City Attorney to assure that the City's interests are met. Furthermore, a detailed
staffing plan has been developed utilizing existing Member Agency's staff to provide
administrative, technical, outreach and grant services to allow the Basin -wide GSA to begin
fiinctioning upon approval of the JPA by members. A loan from the County Treasurer was
investigated as a source of initial start-up funding, but has since determined not to be feasible.
Consequently, the GSA - eligible entities within the basin would be required to contribute start -up
resources as outlined in the JPA and presented herein. All Member Agencies are currently
planning to review the JPA for adoption by May 1.
Attachment 1 is a resolution for Council adoption for approval of the JPA and appointment of the
Primary and Alternate Directors of the GSA Board. Attachment 2 is an alternative resolution
setting June 5, 2017, for a public workshop on the City GSA option. Attachment 3 is a technical
memorandum that provides a detailed background of SGMA, including details on the basin -wide
and City GSA options.
Basin -wide Petaluma Valley GSA: The GSA formation committee, comprised of staff
representatives from the five GSA - eligible agencies in the Petaluma Valley Groundwater Basin,
developed the proposed JPA to create a basin -wide GSA as included in Attachment 4. Key
elements of the JPA include:
Governance:
• The GSA governing board will be comprised of one representative, with one vote each,
from each of the five GSA - eligible entities in the basin.
• The GSA board will establish a meeting schedule. For purposes of first year budgeting, it
is anticipated that the GSA board will meet six times per year.
• The JPA provides for the admittance of new members if an entity is GSA eligible, agrees
to the terms of the JPA, and pays any applicable financial obligations.
• Each JPA member shall appoint a Primary Director from the elected or appointed
officials of the member's governing body, and an Alternate Director from the same
members or from the executive staff of the member agency.
• Routine business of the GSA would be approved by simple majority vote of the Board
while a two - thirds super - majority would be required for approval of critical items such as
Groundwater Sustainability Plan (GSP) adoption, modification or alteration; assessments,
charges and fees; regulations and ordinances; annual budget; and appointment of a Fiscal
Agent and Treasurer.
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• The vote of the Directors for the City and County are required to approve a super -
majority item, giving City or County effective veto power to any critical issue.
• A unanimous vote of the Directors is required to impose financial contributions on
members. This is intended to ensure that no member is assessed a financial contribution
without its consent.
• The JPA enumerates the powers of the GSA as specifically granted by SGMA. In
addition, the JPA expressly states that nothing in the JPA is intended to limit the powers
of the member agencies. The GSA should, to the extent possible, coordinate with the
other GSAs within the County for administration, public communication and outreach,
and frameworks to support groundwater management. The JPA requires the GSA to hold
public meetings periodically to review the JPA and discuss whether any changes are
necessary or advisable.
• The JPA authorizes the Board to appoint an Administrator, who would handle day -to -day
activities of the GSA. The Administrator may be an employee of one of the member
agencies. The JPA designates the SRCD as the initial Interim Administrator.
• The JPA requires the Board to designate a Plan Manager to oversee the development and
implementation of the GSP. The proposed staffing plan envisions the technical staff of
SCWA assuming this role.
• The Sonoma County Treasurer shall serve as the initial Treasurer for the GSA. The Fiscal
Agent shall be appointed by the Board.
• A member may be terminated for breach of the JPA subject to unanimous consent of the
remaining Board directors. A member's voting privileges may be suspended for failure of
Director or Alternate to attend three consecutive meetings.
Advisory Committee:
• An advisory committee (AC) of 10 members will provide input to the GSA board on GSP
development, implementation of GSA policies, regulations, and other matters.
• The meeting schedule of the AC is not spelled out in the JPA; six AC meetings are
included in the first year budget.
• Each GSA member will appoint one AC member, and the GSA board will collectively
appoint the remaining five members to represent special interests in environment, rural
residential well owners, business community, agricultural, and at -large community
interest. Advisory Committee members must live in the GSA basin or represent an
organization with a presence in the GSA basin.
• Advisory Committee members serve a two -year term with no term limits.
Funding:
Initial start -up funding for the GSA is needed until a rate and fee structure is implemented, and
the GSA begins to collect fees from property owners within the GSA boundaries. This finding
would be provided by member agencies based on the commitment levels as shown below. Any
expended commitments by a member may be reimbursed by the GSA in the future to the extent
other funding sources, including fees, are available and to the extent permitted by law.
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TABLE: Member Agencv Financial Commitments for Year 1
Member
Total Initial
Commitment
Due by July
31, 2017
Remainder provided
as services, or billed
by the GSA as needed
Sonoma Resource Conservation District
$ 20,000
0
$ 20,000
North Bay Water District
$ 20,000
$ 6,600
$ 13,400
City of Petaluma
$143,333
$43,000
$100,333
County of Sonoma
$143,333
1 $43,000
1 $100,333
Sonoma County Water Agency
$143,333
1 $43,000
1 $100,333
• On -going funding will rely on future rate structure based on property - related fees
established in accordance with Propositions 218 and 26 requirements. All properties in
the GSA boundary may pay an annual fee based on a flat rate per parcel, plus a rate
based on the size of a parcel and groundwater use per parcel, or a combination of these or
other parameters. The formula for fair cost allocation to all constituents has not been
determined and would be among the first order of business for the new GSA Board. It is
proposed that three GSAs in the County coordinate on the future rate studies and legal
analysis.
• The GSA will determine how domestic wells are treated within the basin. Domestic wells
are referred to as "de minimis users" in SGMA, which use less than 2 acre -feet per year
for domestic purposes. The GSA will decide whether to regulate and whether to assess
fees, but the GSA cannot require metering of de minimis users. Furthermore, SGMA
prohibits the imposition of fees on de minimis users unless they are regulated by the
GSA. Thus, the GSA may not be able to assess fees on a potentially large number of
parcels within the basin until it adopts regulations, which not occur until the GSP is
completed in several years. This could impact the ability of the GSA to timely generate
sufficient revenues.
• State grant funding is expected to be available for some portion of the costs to develop
the GSP and implementation projects. The Sonoma County GSA - eligible agencies have
already received state funding for meeting facilitation and development of a uniform
groundwater data system. All three GSAs in the County would work cooperatively to
better compete for future grants and funding opportunities.
• Cost Estimate: The latest cost analysis prepared by the GSA formation workgroup and
City staff is detailed in Attachment 6. The initial Basin -Wide GSA costs for Year 1 are
$470,000 and for Year 2 are $560,000, for administrative /operational activities, advisory
body coordination, public involvement, GSP preparation, ongoing monitoring, and the
rate study. Estimated costs are lower than previous estimates to reflect fewer board
meetings per year and later start of GSP development. The City's share of the first year
GSA start -up costs is $143,333 as shown in the table above. This estimate does not
include City cost to support and participate in GSA activities, which would include an
estimated $27,000 per year in staff time. In the firture, the GSA rates are expected to be
sufficient to reimburse the start -up costs, however that cannot be guaranteed.
• Staffing Plan: The cost estimates for startup of the GSA have been reduced and
uncertainties clarified since the December workshop because SRCD has offered to serve
4
as the Interim Administrator for up to one year and also to provide well monitoring
services. SCWA has agreed to provide services for technical support, grant
administration, and outreach. Draft scopes of work for these activities are included in
Attachment 6. It is anticipated that the GSA board would approve interagency service
agreements with these member agencies at its first meeting to assure uninterrupted startup
of the new agency.
City GSA Alternative: Due to the required timing of the alternative to the recommended
action, an additional resolution is presented with this staff report. As an alternative, the Council
may choose to form a City GSA only for those parts of the Petaluma Valley Basin that are within
City limits. If the Council chooses this option, a public workshop must be held, as addressed in
the alternate resolution (Attachment 2). It is proposed that the date for a public workshop be
June 5, 2017. After the public workshop, the City would submit required documents to DWR by
the SGMA deadline of June 30, 2017. A City GSA would not include the entire City because
portions of the City lie outside the Petaluma Valley Groundwater Basin. SCWA, Sonoma
County, and SRCD may also be eligible entities under the City GSA option because their
boundaries encompass the City; however, it is uncertain as to whether they would opt to
participate formally in that role. If the Council opts to pursue a City GSA, there are strong
arguments in favor of recognizing a City GSA, because within Petaluma City limits, of all the
GSA eligible entities in the Petaluma basin, only the City of Petaluma possesses the power to
regulate land use, and the City possesses the broadest police powers, and is the sole retail water
supplier. Depending on how other Member Agencies choose to file, DWR may require the City
to begin a 90 -day process to negotiate with other proposed GSAs that boundaries that overlap
with City boundaries. The associated milestones and schedule for this option are shown in
Attachment 5.
The City GSA option would involve the following key elements:
• City Council serves as GSA board, with or without additional members representing
other GSA - eligible agencies.
• The City Council would appoint a Groundwater Sustainability Advisory Committee
(GSAC) to represent the interests of all beneficial uses and users of groundwater within
the GSA boundary. Members should represent commercial and industrial well owners,
agricultural and institutional well owners, the City's well field operators, environmental
interests, economic development interests, residential including irrigation well interests,
and an at -large community interest. A recommendation for the GSAC make up would be
developed after the City has held a public workshop on formation of a City GSA.
• City would continue to work cooperatively with the other GSAs, including their
members' agencies, as it has always done on regional water resources matters, on the
GSP, grants, MOUs for operational elements such as monitoring and GSP management,
and other cost sharing agreements.
• City commits to participate in the planning process to create a Petaluma Valley Basin -
wide GSP, including paying the fair share of the expenses attributed to the City GSA and
approving the final document. The City's share of the expenses for the GSP would be
negotiated with the rural GSA, and incorporated into the new GSP's fee structure.
• City commits to participate in information and resource sharing with other GSAs in the
County as described with the Basin -wide GSA option.
City commits to coordinated administration and enforcement of the GSP after adoption
by both GSAs in the Petaluma Valley Basin.
Administrative formation steps include publishing a public notice of the intent to form a
GSA; holding a public hearing; and adopting a resolution of formation, by -laws,
ordinances, and new authorities for the new GSA, as needed. Refer to milestone schedule
in Attachment 5 for formation steps and timeline.
Cost Estimate: The initial cost estimate for this option was $273,000 per year. The
estimate was based on a GSP cost of $850,000 over five years plus a 15% contingency
and assuming a 40% City cost share. The annual GSA costs are sensitive to the assumed
GSP cost split. At a 25% City cost share for the GSP, the annual GSA costs would be
about $244,000 per year and at 50 %, it would be $293,000. The City's share of the GSP
would be negotiated once the costs of the GSP and other pumpage data are known.
Recommendation and Next Steps: It is recommended that the Council approve the JPA to
create a basin -wide GSA for the Petaluma Valley Groundwater Basin to meet the requirements
of SGMA. In addition, it is recommended that Council appoint a Primary Director and Alternate
Director for the GSA board to represent the City at the first meeting scheduled to be held in June,
prior to the SGMA deadline of June 30, 2017 for filing with the Department of Water Resources
(DWR). Attachment 1 contains the resolution for this action, and if approved, would initiate the
following steps:
• Advise Petaluma Valley Basin GSA workgroup of the Council's direction.
• Attend initial GSA Board meeting and required public workshop in June 2017. At first
GSA meeting, consider approval of interlocal agreements between GSA and SRCD for
administration and monitoring services and with SCWA for outreach, grant
administration and technical services.
Basin -wide GSA submits Notice of Intent (NOI) to DWR by June 30, 2017.
Second meeting of GSA Board proposed in August 2017.
FINANCIAL IMPACTS
As noted, costs associated with the Basin -wide GSA are expected to be $43,000 in current fiscal
year and $100,333 in 2017/18. Funds are to be paid from Water Enterprise Fund, account code
6700.67100.54140 and are included in the existing and proposed budgets.
ATTACHMENTS
1. Resolution to Approve Joint Exercise of Powers Agreement (JPA) Creating the Petaluma
Valley Groundwater Sustainability Agency (GSA) and Appoint a Primary Director and
Alternate Director to GSA Board
2. Resolution to Set date of public workshop for the purpose of forming a City GSA
3. Joint Exercise of Powers Agreement
4, Technical Memorandum RE: Detailed Background Regarding SGMA Compliance and
GSA Formation Status
5. GSA Formation Milestone Schedule
6. Cost Summary for GSA Activities Years 1 and 2
7. Proposed Scopes of Work for Initial GSA Activities
6
Attachment 1
RESOLUTION APPROVING JOINT EXERCISE OF POWERS AGREEMENT (JPA)
CREATING THE PETALUMA VALLEY GROUNDWATER SUSTAINABILITY
AGENCY (GSA) AND APPOINTING A PRIMARY DIRECTOR AND ALTERNATE
DIRECTOR TO GSA BOARD
WHEREAS, Senate Bills 1168 and 1319, and Assembly Bill 1739, known collectively
as the Sustainable Groundwater Management Act of 2014 (SGMA), became law on September
16, 2014; and
WHEREAS, SGMA initially became effective on January 1, 2015; and
WHEREAS, the stated purpose of SGMA, as set forth in California Water Code section
10720. 1, is to provide for the sustainable management of groundwater basins at a local level by
providing local groundwater agencies with the authority and technical and financial assistance
necessary to sustainably manage groundwater; and
WHEREAS, SGMA gives local agencies including cities, counties and water districts
or agencies, authority to sustainably manage groundwater over the long -term; and
WHEREAS, SGMA requires the designation of Groundwater Sustainability Agencies
( "GSAs ") for the purpose of achieving groundwater sustainability through the adoption and
implementation of Groundwater Sustainability Plans ( "GSPs ") or an alternative plan; and
WHEREAS, SGMA gives broad powers to GSAs to achieve sustainability including
investigations, registration of groundwater wells, determination of sustainable yield of a basin,
measurement and limitation of groundwater extractions, assessment of fees for groundwater
management, and enforcement; and
WHEREAS, a GSA is required to assess the conditions in its local basin and to adopt a
locally -based Groundwater Sustainability Plan (GSP); and
WHEREAS, SGMA requires the formation by June 30, 2017 of a new GSA for each
medium and high- priority groundwater basin as designated by the California Department of
Water Resources (DWR); and
WHEREAS, GSPs must be completed by January 31, 2022 and be designed to achieve
basin sustainability within 20 years of adoption; and
WHEREAS, the Petaluma Valley Groundwater Basin, basin number 2 -01 in DWR
Bulletin No. 118, is designated by DWR as medium - priority; and
WHEREAS, the Petaluma Valley Groundwater Basin stretches from Penngrove south to
the Marin County line and San Pablo Bay, encompassing about 94 of the approximately 146
square miles of the Petaluma River Watershed, and includes approximately 77 percent of the
land area within the City of Petaluma; and
WHEREAS, The Sonoma County Water Agency and the City of Petaluma are currently
engaged in a 3 -year United States Geological Survey study of the Petaluma Valley basin initiated
in September 2014, to analyze groundwater use and conditions; and
WHEREAS, SGMA defines the entities eligible to act as a GSA as local agencies that
have water supply, water management, or land use responsibilities within a groundwater basin;
and
WHEREAS, the GSA - eligible entities in the Petaluma Valley Groundwater Basin are the
City of Petaluma, the County of Sonoma, the Sonoma County Water Agency, the North Bay
Water District, and the Sonoma Resource Conservation District; and
WHEREAS, the City and other GSA - eligible entities in the Petaluma Valley
Groundwater Basin have been working collaboratively since 2015 to form a basin -wide GSA;
and
WHEREAS, the City Council held meetings and workshops to discuss GSA formation
on November 2, 2015, November 14, 2016, and December 19, 2016; and
WHEREAS, public workshops have been held in the Petaluma Valley basin by the GSA -
eligible entities regarding SOMA and GSA formation on November 9, 2015, August 17, 2016,
and March 23, 2017; and
WHEREAS, SGMA authorizes a combination of local agencies to form a GSA by
entering into a joint powers agreement; and
WHEREAS, the GSA - eligible entities in the Petaluma Valley Groundwater Basin,
individually and collectively, have the goal of cost effective sustainable groundwater
management that considers the interests and concerns of all beneficial uses and users of
groundwater; and
WHEREAS, the GSA - eligible entities within the Petaluma Valley Groundwater Basin
are entities authorized by the Joint Exercise of Powers Act (Chapter 5 of Division 7 of Title 1 of
the California Government Code) ( "Act ") to create a GSA for the purpose of jointly exercising
those powers granted by the Act and any additional powers which are common among them;
and
WHEREAS, the GSA - eligible entities within the Petaluma Valley Groundwater Basin
have developed a Joint Execution of Powers Agreement for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
2. The Joint Exercise of Powers Agreement creating the Petaluma Valley Groundwater
Sustainability Agency, a draft of which is Attachment 4 to the staff report
accompanying this resolution, and which is hereby made a part of this resolution by
this reference as if set forth in this resolution in full, is hereby approved, and the
Mayor is authorized and directed to execute an agreement substantially in accordance
with the draft Joint Exercise of Powers Agreement on behalf of the City.
3. [insert Councilmember name] is hereby appointed as a Primary Director on
behalf of the City of Petaluma for the Petaluma Valley Groundwater Sustainability
Agency.
4. [insert Councilmember name or title of executive staff]_ is hereby appointed as an
Alternate Director on behalf of the City of Petaluma for the Petaluma Valley
Groundwater Sustainability Agency.
Attachment 2
RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AUTHORIZING THE
CITY OF PETALUMA TO BECOME A GROUNDWATER SUSTAINABILITY
AGENCY (GSA) OVER THAT PORTION OF THE PETALUMA VALLEY
GROUNDWATER BASIN THAT LIES WITHIN THE CITY LIMITS OF THE CITY OF
PETALUMA
WHEREAS, Senate Bills 1168 and 1319, and Assembly Bill 1739, known collectively
as the Sustainable Groundwater Management Act of 2014 (SGMA), became law on September
16, 2014; and
WHEREAS, SGMA initially became effective on January 1, 2015; and
WHEREAS, the stated purpose of SGMA, as set forth in California Water Code section
10720. 1, is to provide for the sustainable management of groundwater basins at a local level by
providing local groundwater agencies with the authority and technical and financial assistance
necessary to sustainably manage groundwater; and
WHEREAS, SGMA gives local agencies including cities, counties and water districts
or agencies, authority to sustainably manage groundwater over the long -term; and
WHEREAS, SGMA requires the designation of Groundwater Sustainability Agencies
( "GSAs ") for the purpose of achieving groundwater sustainability through the adoption and
implementation of Groundwater Sustainability Plans ( "GSPs ") or an alternative plan; and
WHEREAS, SGMA gives broad powers to GSAs to achieve sustainability including
investigations, registration of groundwater wells, determination of sustainable yield of a basin,
measurement and limitation of groundwater extractions, assessment of fees for groundwater
management, and enforcement; and
WHEREAS, a GSA is required to assess the conditions in its local basin and to adopt a
locally -based Groundwater Sustainability Plan (GSP); and
WHEREAS, SGMA requires the formation by June 30, 2017 of a new GSA for each
medium and high - priority groundwater basin as designated by the California Department of
Water Resources (DWR); and
WHEREAS, GSPs must be completed by January 31, 2022 and be designed to achieve
basin sustainability within 20 years of adoption; and
WHEREAS, the Petaluma Valley Groundwater Basin, basin number 2 -01 in DWR
Bulletin No. 118, is designated by DWR as medium - priority; and
WHEREAS, the Petaluma Valley Groundwater Basin stretches from Penngrove south to
the Marin County line and San Pablo Bay, encompassing about 94 of the approximately 146
square miles of the Petaluma River Watershed, and includes approximately 77 percent of the
land area within the City of Petaluma; and
1
WHEREAS, The Sonoma County Water Agency and the City of Petaluma are currently
engaged in a 3 -year United States Geological Survey study of the Petaluma Valley basin initiated
in September 2014, to analyze groundwater use and conditions; and
WHEREAS, SGMA defines the entities eligible to act as a GSA as local agencies that
have water supply, water management, or land use responsibilities within a groundwater basin;
and
WHEREAS, the City overlies a portion of the Petaluma Valley Groundwater Basin and
as the sole local agency with water supply, water management and land use responsibilities
within the City's corporate boundaries, is a GSA - eligible entity; and
WHEREAS, the City Council held meetings and workshops to discuss GSA formation
on November 2, 2015, November 14, 2016, and December 19, 2016; and
WHEREAS, public workshops have been held in the Petaluma Valley basin by the GSA -
eligible entities regarding SGMA and GSA formation on November 9, 2015, August 17, 2016,
and March 23, 2017; and
WHEREAS, the City desires to form a GSA to manage groundwater resources in the
basin beneath and within the City's jurisdictional boundaries; and
WHEREAS, the City intends that its GSA work cooperatively with the other GSA(s)
that have formed or will be formed in the Petaluma Valley basin to prepare one or more GSPs
by January 2020, so that groundwater resources in the Petaluma Valley basin will be properly
managed and sustainable in accordance with the provisions of SGMA; and
WHEREAS, SGMA grants GSAs powers and authorities to ensure sustainable
groundwater management; and
WHEREAS, Establishing a GSA within the City's jurisdictional boundaries will, among
other things, satisfy the requirements of SGMA within the City, establish the City as the local
groundwater management agency within City limits, permit the City's use of the authority
granted by SGMA, in addition to the City's existing powers as a California charter city,
including its land use, police and regulatory powers, and its status as a provider of retail water
supply within City limits and to users outside the City, to fulfill the purposes of SGMA and
provide for the ongoing health and sustainability of the Petaluma Basin, and preserve access to
grant funding and other opportunities available to GSAs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
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2. The City Manager is hereby authorized and directed to give notice that a public
hearing and workshop will be held on June 5, 2017, to consider authorizing the City
of Petaluma to become a GSA over that portion of the Petaluma Valley Groundwater
Basin that lies within the City limits of the City of Petaluma, and to take all other
steps necessary and convenient to permit the City of Petaluma to become and assume
the powers and obligations of a GSA in accordance with SGMA requirements.
r-
Attachment 3
Final Draft April 5, 2017
JOINT EXERCISE OF
POWERS AGREEMENT
creating the
PETALUMA V
GROUNDWA
SUSTAINABILITY_ AG
Table of Contents
RECITALS...........................................................................................................
............................... 1
AGREEMENTTERMS ....................................................................................... ...............................
2
ArticleI: Definitions ........................................................................................... ...............................
2
Section1.01
—Definitions .................................................................................... ...............................
2
ArticleII: Agency Creation ................................................................................ ...............................
3
Section 2.01
— Creation of the Agency ................................................................. ...............................
3
Section2.02
— Purpose of the Agency .................................................................. ...............................
3
ArticleIII:
Term ................................................... ............................... ............. ...............................
3
Section3.01—Term
............................................................................................ ...............................
3
ArticleIV:
Powers ...........................................................................................> ...............................
4
Section4.01—
Powers ................... ............................... .....................................................................
4
Section4.02
— Exercise of Powers ........... ............................... ................... ........ ........ ..............
5
Section 4.03
— Water Rights and Consideration of all Beneficial Uses and Users of Groundwater in
theBasin ................................................................ ............................... ............................
6
Section 4.04
— Preservation of Powers ............. ........ .................... ........ .... ...............................
6
ArticleV: Membership .................................................. .....I. ......... ................ ...............................
7
Section5.01—
Members ........................ ........ ........ ......... ........ `................ ...............................
7
Section5.02
—New Members ............... ....`... ......... ......... ........................... ...............................
7
Article VI:
Directors and Officers .................................................................... ...............................
7
Section 6.01—
Board of Directors,.... : .......... ................................ ...............................
7
Section 6.02
— Directors and Alternates .......... ................................................ ...............................
7
Section 6.03
- Officers of the Board ..... ........:.. ............................................... ...............................
8
Section 6.04
—Appointment of Officers of the Board .......................................... ............................... 8
Article VII::
Board Meetings and Actions .......................................................... ............................... 8
Section7.01
— Initial Meeting .... ........................................................................ ...............................
8
Section 7.02
— Regular Meeting Schedule ............................................................ ...............................
8
Section 7.03
— Conduct of Board Meetings .......................................................... ...............................
8
Section7.04
— Quorum ........................................................................................ ...............................
8
Section7.05
—Voting ........................................................................................... ...............................
8
Section 7.06
— Supermajority Voting Requirement .............................................. ...............................
9
Section 7.07
— Unanimous Voting Requirement .................................................. ...............................
9
Article VIII:
Board Committees ......................................................................... ...............................
9
Section 8.01
— Committees of the Board .............................................................. ............................... 9
Section 8.02
— Advisory Committee .................................................................... ............................... 9
Article IX:
Operations and Management .......................................................... ...............................
10
Section 9.01
— Administrator and Plan Manager ................................................ ...............................
10
Section 9.02
— Legal Counsel and Other Officers .............................................. ...............................
10
i
11
Section 9.03 — Employees and Management ...................... ...............................
Section 9.04 — Location of Public Meetings ....................... ...............................
Section9.05 — Bylaws ........................................................ ...............................
Section 9.06 — Official Seal and Letterhead ....................... ...............................
Section 9.07 — Conflict of Interest Code ............................ ...............................
Article X: Consideration and Financial Provisions .......... ...............................
Section 10.01— Establishment of Funds ............................ ...............................
Section 10.02 - Initial Agency Funding Commitments ..... ...............................
Section10.03 —Fiscal Year ................................................ ...............................
Section 10.04 — Treasurer and Annual Audit ........................... ................:....
Section 10.05 —Funds; Property; Bonds ...................... ......: ......... ....... ..
Section10.06 —Budget ................. ............................... ........ .......................
Section 10.07 — Payments To The Agency ................... ......... ......................
Article XI: Relationship of Agency And Its Members........: . ............. ........
Section 11.01 — Separate Entity ................ ............................... ........ ...........
Section 11.02 — Liabilities of the Agency Not Liabilities ofMembers............
Section 11.03 — Indemnity and Insurance ......... ........ ........ .............
Section 11.04 — Agreements With Member Agencies. ........ ....................
Section 11.05 — Withdrawal of Members ................... ......... .......................
Section 11.06 — Termination of Members ...................... .. ...............................
Section 11.07 — Continuing Obligations upon Withdrawal or Termination......
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S e t' 11 08 — Dissolution
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Section 11.09 — Disposition of Property Upon Termination of Agency or Board Determination of
Surplus............................. ........I ................................................................... ............................... 15
Article XIE Miscellaneous Provisions .............................................................. ............................... 15
Section 12.01 —Agreement Complete ................................................................ ............................... 15
Section12.02 Amendment .............................................................................. ............................... 15
Section 12.03 — Successors and Assigns ............................................................ ............................... 15
Section 12.04 — Dispute Resolution ................................................................... ............................... 16
Section 12.05 — Execution In Parts Or Counterparts .......................................... ............................... 16
Section 12.06 —Member Authorization ............................................................. ............................... 16
Section 12.07 — No Predetermination or Irretrievable Commitment of Resources .......................... 16
Section12.08 — Notices ...................................................................................... ............................... 16
Section 12.09 — Severability And Validity Of Agreement ................................. ............................... 17
Section 12.10 — Singular Includes Plural ........................................................... ............................... 17
SIGNATURELINES ......................................................................... ...............................
EXHIBITA ........................................................................................ ...............................
ii
....18
...19
EXHIBITB ................................................................................................... ............................... 20
iii
PETALUMA VALLEY GROUNDWATER
SUSTAINABILITY AGENCY JOINT EXERCISE OF
POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT ( "Agreement') forming
the Petaluma Valley Groundwater Sustainability Agency ( "Agency ") is made and entered into
as of Montb/Day/Year ( "Effective Date "), by and among the public agencies listed on the
attached Exhibit "A" (collectively "Members" and individually "Member ") for the purpose of
forming a Groundwater Sustainable Agency ( "GSA ") and achieving groundwater sustainability
in the Petaluma Valley Groundwater Basin.
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WHEREAS, the Members are authorized by the Joint Exercise of Powers Act (Chapter 5
of Division 7 of Title 1 of the California Government Code) ( "Act ") to create the Agency for the
purpose of jointly exercising those powers granted by the Act and any additional powers which
are common among them;
WHEREAS, the Members, individually and collectively, have the goal of cost effective
sustainable groundwater management that considers the interests and concerns of all beneficial
uses and users of groundwater;
WHEREAS, the Members encourage the Agency, once formed, to consider available
measures under SGMA and the SGMA regulations designed to promote sustainability and
1 f�
efficient supervision of the Basin, including the potential for the establishment of management
areas;
WHEREAS, in order to promote efficiency and sharing of resources, the Members,
individually and collectively, encourage coordination between and among GSAs in Sonoma
County; and
WHEREAS, the Members hereby enter into this Agreement to establish this Joint
Powers Authority to form a GSA and undertake the management of groundwater resources
pursuant to S GMA;
AGREEMENT TERMS
NOW THEREFORE, in consideration of the in
covenants, and conditions set forth in this Agreement, the
Section 1.01 —Definitions.
As used in this Agreement, unless the
terms hereinafter set forth shall be as follows:
(a) "Act" shall mean the Joint
Division 7 of Title 1 of the California Go
amendments thereto.
mutual promises,
e as follows:
of the
set forth in Chapter 5 of
6500, et seq., including any
(b) "Agreement" means this Petaluma Valley Groundwater Sustainability Agency
Joint Exercise of Powers Agreement.
(c) "Agency" shall mean the Petaluma Valley Groundwater Sustainability Agency,
which is a separate entity created by this Agreement pursuant to the Act.
(d) "Basin" shall mean the Petaluma Valley Groundwater Basin which is designated
basin number 2 -01 in Department of Water Resources' Bulletin No. 118 and as its boundaries
may be modified from time to time through the procedures described in California Water Code
section 10722.2 or by the Department of Water Resources under its separate authority.
(e) "Board of Directors" or "Board" shall mean the governing body of the Agency as
established by Section 6.01 of this Agreement.
(� "Bylaws" shall mean the bylaws adopted by the Board of Directors pursuant to
Section 9.05 of this Agreement to govern the day -to -day operations of the Agency.
(g) "Fiscal Year" shall mean July 1St through June 30th pursuant to Section 10.03 of
this Agreement.
(h) "Groundwater Sustainability Agency" or "GSA" shall have the meaning set forth
in California Water Code section 107210).
2 16
Q "Groundwater Sustainability Plan" or "GSP" shall have the meaning set forth in
California Water Code section 10721(k).
0) "Local Agency" or "Local Agencies" shall have the meaning set forth in
California Water Code Section 10721(n).
(k) ."Member" or "Members" shall mean the local agencies listed in the attached
Exhibit "A" that have executed this Agreement, including any new Members that may
subsequently join this Agency with the authorization of the Board, pursuant to Section 5.02 of
this Agreement.
0) "Plan Manager" shall mean the person df
preparation and implementation of the GSP and who has
for submitting the GSP, GSP amendments, annual reps
serving as the point of contact between the Agency and
The Plan Manager shall be a professional engineer,
hydrogeologist.
(m) "Primary Director" and "Alternate 1
Alternate Director appointed by a Member pursuant
rted by the Board to oversee the
delegated management authority
and five -year assessments and
department of Water Resources.
Pessional geologist or 'certified
hall mean a Primary Director or
6.02 ofthisAvreement.
(n) "Sustainable Groundwater Management Act" or "SGMA" shall mean the
comprehensive groundwater legislation collectively enacted and referred to as the "Sustainable
Groundwater Management Act" ( "SGMA ") as codified in California Water Code Sections
10720 et seq, and as may be amended in the future.
Article II:. Agency Creation
Section 2.01 Creation of the Agency
There is hereby created a joint powers agency known as the Petaluma Valley
Groundwater Sustainability Agency ("Agency"). The Agency shall be, to the extent provided by
law, a public entity separate from the Members of this Agreement.
..............._.......
The purpose of this Agreement, and the creation of the Agency, is to provide for the joint
exercise of powers common to the Members, to specifically include powers granted by SGMA,
for the purpose of cooperatively carrying out the requirements of SGMA, including, but not
limited to, serving as the GSA for the Basin.
Article III: Term
Section 3.01 — Term.
This Agreement shall become operative on the Effective Date provided that at least two
of the Members listed in Exhibit A have executed this Agreement by said date. If an eligible
agency listed in Exhibit A has not executed this Agreement by May 16, 2017, its membership
will be subject to the process for inclusion of new Members set forth in Section 5.02; provided,
3 Cq
however, that if an eligible agency is diligently pursuing approval of this Agreement by its
governing board and has obtained governing board approval not later than May 26, 2017, then
that agency may execute this Agreement and become a Member without complying with Section
5.02.
This Agreement shall remain in effect until terminated by the unanimous written consent
of all then active Members or until there are less than two Members remaining in the Agency;
provided, however, that this Agreement shall remain in effect during the term of any contractual
obligation or indebtedness of the Agency that was previously approved by the Board.
Article IV: Powers
Section 4.01— Powers.
The Agency shall possess the ability to exercise those powers specifically granted by the
Act and SGMA, subject to the terms of this Agreement. Additionally, the Agency shall possess
the ability to exercise the common powers of its Members related to the purposes of the Agency,
including, but not limited to, the following, subject to the terms of this Agreement:
4.1.1 To designate itself the GSA for the Basin pursuant to SGMA.
4.1.2 To adopt rules, regulations, policies, bylaws and procedures governing
the operation of the Agency and the adoption and implementation of the
GSP.
4.1.3 To develop, adopt and implement a GSP for the Basin pursuant to
SGMA.
4.1.4 To employ agents and
To obtain legal, financial, accounting, technical, engineering, and other
services needed to carry out the purposes of this Agreement.
4.1.6 To conduct studies, collect and monitor all data related and beneficial to
the development, adoption and implementation of the GSP for the
4.1.7 To perform periodic reviews of the GSP including submittal of annual
4.1.8 To register and monitor wells within the Basin.
4.1.9 To issue revenue bonds or other appropriate public or private debt and
incur debts, liabilities or obligations.
4.1.10 To exercise the powers permitted under Government Code section 6504
or any successor statute.
4.1.11 To levy taxes, assessments, charges and fees as provided in SGMA or
otherwise provided by law.
4 �l%
4.1.12 To regulate and monitor groundwater extractions as permitted by SGMA,
provided that this Agreement does not extend to a Member's operation of its
system to distribute water once extracted or otherwise obtained, unless and to
the extent required by other laws now in existence or as may otherwise be
adopted.
4.1.13 To establish and administer projects and programs for the benefit of the
Basin.
4.1.14 To cooperate, act in conjunction and contract with the United States, the State
of California, or any agency thereof, counties, municipalities, special districts,
groundwater sustainability agencies, public and private corporations of any
kind (including without limitation, investor -owned utilities and mutual water
companies), and individuals, or any of them, for any and all purposes
necessary or convenient for the full exercise of the powers of the Agency.
4.1.15 To accumulate operating and reserve funds and invest the same as allowed by
law for the purposes of the Agency and to invest funds pursuant to California
Government Code section 6509.5 or other applicable State Law.
4.1.16 To apply for and accept grants, contributions, donations and loans under any
federal, state or local programs for assistance in developing or implementing
any of its projects or programs in connection with any project untaken in the
Agency's name for the purposes of the Agency.
4.1.17 To acquire by negotiation, lease, and purchase, and to construct, hold,
manage, maintain, operate and dispose of any buildings, property, water
rights, works or, improvements within and without the respective boundaries
of the Members necessary to accomplish the purposes describe herein.
4.1.18 To sue or be sued in its own name.
sued
To exercise any additional powers conferred under SGMA or the Act or under
applicable law, insofar as such powers are needed to accomplish the purposes
of SGMA, including all powers granted to the Agency under Article 4 of the
Act which are in addition to the common powers of the Members, including
the power to issue bonds or otherwise incur debts, liabilities or obligations
to the extent authorized by the Act or any other applicable provision of law
and to pledge any property or revenues of the rights thereto as security for
such bonds and other indebtedness.
4.1.20 To exercise any power necessary or incidental to the foregoing powers in the
manner and according to the procedures provided for under the law applicable
to the Members to this Agreement and to perform all other acts necessary or
proper to fully carry out the purposes of this Agreement.
Section 4.02 — Exercise of Powers.
�t
In accordance with California Government Code section 6509, the foregoing powers shall
be subject to the restrictions upon the manner of exercising such powers pertaining to the County
of Sonoma.
Section 4.03 — Water Rights and Consideration of all Beneficial Uses and Users of
Groundwater in the Basin.
As set forth in California Water Code section 10723.2, and any future amendments to
SGMA, the GSA shall consider the interests of all beneficial uses and users of groundwater in
the Basin, as well as those responsible for implementing the GSP. Additionally, as set forth in
California Water Code section 10720.5(a), and any future amendments to SGMA, any GSP
adopted pursuant to this Agreement shall be consistent with Section 2 of Article X of the
California Constitution and nothing in this Agreement modifies the rights or priorities to use or
store groundwater consistent with Section 2 of Article X of the California Constitution, with the
exception that no extraction of groundwater between January 1, 2015 and the date the GSP is
adopted may be used as evidence of, or to establish or defend against, any claim of prescription.
Likewise, as set forth in California Water Code section 10720.5(b), and any future amendments
to SGMA, nothing in this Agreement or any GSP adopted pursuant to this Agreement determines
or alters surface water rights or groundwater rights under common law or any provision of law
that determines or grants surface water rights.
Nothing set forth in this Agreement is intended to abrogate the powers of any Member,
independent of the Agency, including but not limited to the Members' police power, as
applicable. The adopted GSP shall not authorize any water' supply augmentation to the Basin
with groundwater extracted from another groundwater basin within the jurisdiction of a Member
without the express consent of that Member.
Section 4.05 — Coordination between Basins.
In order to maintain consistency and the efficient use of resources, to the extent feasible,
the Agency shall endeavor to coordinate between and among the other Sonoma County GSAs for
administration, matters involving public communication and outreach, and for developing
frameworks to support groundwater management, which may include agreement to certain areas
of coordination, provided that the Agency shall retain its own authority and that such
recommendations are ratified by the Board. The Agency may clarify and acknowledge
coordination among the other GSAs through a document or agreement if deemed appropriate.
Section 4.06 — Public Meeting for Periodic Review of Agreement.
To ensure that the Agency's governance structure addresses the interests and concerns of
those affected by its activities, the Board shall conduct a public meeting at the following
milestones to review the terms and conditions of this Agreement and discuss whether any
amendments to this Agreement are necessary or advisable:
• Upon completion of the initial fee study
• Within three years of submittal of the GSP to DWR
• At least once every ten years after adoption of the GSP
At such public meeting the Administrator and Agency Counsel shall make a report to the
6-
Board recommending any amendments to the Agreement, and if directed by the Board shall draft
proposed amendments to this Agreement for consideration by the governing boards of each
Member. This section shall not preclude the Members from making amendments of this
Agreement at other times as deemed necessary or appropriate by the Members, in accordance
with Section 12.02 of this Agreement.
Article V: Membership
Section 5.01— Members.
The Members of the Agency shall be the local agencies listed on the attached Exhibit
"A ", so long as their Membership has not been withdrawn or terminated pursuant to the
provisions of Article XI of this Agreement.
Section 5.02 — New Members.
Upon submittal of an application for membership, new Members shall be admitted to the
Agency so long as: 1) the new Member is located or has jurisdictional boundaries within the
Basin; 2) the new Member is a local public agency or another entity authorized by SGMA that is
qualified to join the Agency under the provisions of SGMA and the Act; and 3) the new Member
agrees to the terms of this Agreement, including applicable financial obligations, which may be
an equal share of the unreimbursed Funding Commitments of the other Members pursuant to
Section 10.02 or as established pursuant to Section 10.07.
Once an application is accepted by the Board of Directors, this Agreement is executed by
an authorized representative of the new Member, and the new Member satisfies any applicable
financial obligations of the new Member, the attached Exhibit "A" shall be amended to reflect
the new Member, and such action by the Board shall not be subject to the requirements of
Section 12.02.
The Agency shall governed and administered by a Board of Directors ( "Board ")
which is hereby established and which shall be composed of one voting seat per Member. The
governing board shall be known as the "Board of Directors of the Petaluma Valley
Groundwater Sustainability Agency." All voting power shall reside in the Board.
Section 6.02 — Directors and Alternates.
Each Member shall appoint one Primary Director and one Alternate Director. The
Alternate Director shall serve and assume the rights and duties of the Primary Director when the
Primary Director is unable to attend a Board meeting. The Primary Director shall be an elected or
appointed official of the Member's governing body. The Alternate Director shall be an elected or
appointed official of the Member's governing body or executive staff of the Member agency.
Primary Directors and Alternate Directors shall serve at the pleasure of the Member appointing
them and they may be removed at any time, with or without cause, in the sole discretion of their
governing body. Each Primary Director and Alternate Director shall hold office until their
7'
successor is selected by their governing body and the Agency has been notified of the succession.
In the event that a Primary or Alternate Director ceases to be an official of the Member's
governing body or executive staff of the Member, that Director position shall become vacant and
that Member shall appoint a new Director.
Section 6.03 — Officers of the Board.
Officers of the Agency's Board shall consist of a Chairperson and Vice - Chairperson. The
Chairperson shall preside at all meetings of the Board, while the Vice - Chairperson shall perform
the duties of the Chairperson in the absence or disability of the Chairperson. The Chairperson
and Vice - Chairperson shall exercise and perform such other powers and duties as may be
assigned by the Board.
The Board shall annually elect the Officers of
Officers of the Board shall hold office for a term of one
and every calendar year and they may serve for multiple
may be removed and replaced at any time, with or with
that an Officer of the Board loses their position as a Pril
position shall become vacant and Board shall elect a ne
to serve the remaining Officer term.
from the Primary Directors.
nencing on January 1 of each
.......... _...........
e terms. Officers of the Board
by a Board vote. In the event
;tor, that Officer of the Board
From existina Board members
The initial meeting ofthe Board, which shall be held for purpose of meeting the
requirements of California Water Code Section 10723, including decision of the Agency to
serve as the GSA for the Basin, shall be held no later than June 30, 2017.
Section 7.02 — Regular MeetinLy Schedule.
The Board shall establish by ordinance, resolution, bylaws, or other procedure a regular
meeting time and place at the initial meeting of the Board. The Board may vote to change the
regular meeting time and place provided that the new location remains at a place overlying the
Basin.
Meetings of the Board of Directors shall be noticed, held, and conducted in accordance
with the provisions of The Brown Act (California Government Code sections 54950, et seq.).
Section 7.04 — Ouorum.
A quorum of the Board shall consist of a majority of the Board of Directors representing
the then current Members.
Section 7.05 — Voting.
Each Director shall have one vote. A majority vote of the Board is needed for the adoption
8
of any action, except those which require a super majority two - thirds vote or a unanimous vote.
Section 7.06 — Supermaiority Voting Requirement.
A supermajority vote is two - thirds of the Board, including the Directors representing the
City of Petaluma and the County of Sonoma. Items that require a supermajority vote to pass are
the following:
• GSP adoption, modification or alteration
• Adoption of assessments, charges and fees
• Adoption of regulations and ordinances
• Adoption or modification of annual budget
• Appointment of Treasurer, subject to the provisions of Section 9.03 and /or
Section 10.04
• Modifications to the composition and number of Advisory Committee members
Section 7.07 — Unanimous Voting Requirement.
Items that require a unanimous vote of the Board to pass include the following which
may be amended from time to time by unanimous approval of the Members:
• Financial commitments imposed on Members, whether through the budget
approval process or otherwise.
The Board of Directors may ;from time to time establish one or more advisory committees
or establish standing or ad hoc committees to assist in carrying out the purposes and objects of
the Agency. The Board shall determine the purpose and need for such committees and the
necessary qualifications for individuals appointed to them.
The Board shall establish an Advisory Committee. Meetings of the Advisory Committee
shall be noticed, held, and conducted in accordance with the provisions of The Brown Act
(California Government Code sections 54950, et seq.). Through the use of the Advisory
Committee, the Board shall ensure that the development of the GSP includes the meaningful
participation of all beneficial uses and users of groundwater and other interested parties in the
Basin.
Composition of the Advisory Committee is intended to represent the beneficial uses and
users of groundwater identified in SGMA. Committee members may not serve concurrently on
the GSA Board. Members must live or work within the Basin. A Committee member's
participation shall not violate the California Political Reform Act of 1974 (Gov. Code, § 81000 et
seq.), the provisions of California Government Code section 1090 et seq., or any other applicable
law. The Advisory Committee's purpose and membership is described in Exhibit `B."
9 6
Article IX: Operations and Management
Section 9.01 — Administrator and Plan Manager.
9.01.01 Administrator: The Sonoma Resource Conservation District shall serve as the
initial Interim Administrator for a period of up to one year, which may be extended by agreement
in accordance with Sections 9.03 and 11.04. Subsequent to formation of the Agency, the Board
may appoint an Administrator, from time -to -time as and when it deems appropriate. The
appointed Administrator may be an employee of one of the Members, in accordance with
Sections 9.03 and 11.04. If appointed, the Administrator shall serve at the pleasure of the Board
of Directors and his/her duties and responsibilities shall be set forth by a vote of the Board.
9.01.02 Plan Manager: The Board shall designate a Plan Manager. The Administrator
and Plan Manager may be the same individual. The Plan Manager shall serve at the pleasure of
the Board of Directors and his/her duties and responsibilities shall be set forth by the Board.
Section 9.02 — Legal Counsel and Other Officers.
The Agency may appoint General Legal Counsel who shall serve at the pleasure of the
Board. Subject to the limits of the Agency's approved budget, the Board shall also have the
power to appoint and contract by a vote of the Board for the services of other officers,
consultants, advisers and independent contractors as it may deem necessary or convenient for the
business of the Agency, all of whom shall serve at the pleasure_ of the Board. The appointed
General Legal Counsel and/or other appointed officers of the Agency may be employees or
contractors of one of the Members, in accordance with Sections 9.03 and 11.04. Appointment of
a General Legal Counsel from among Member employees' or contractors shall be subject to all
applicable Rules of Professional Responsibility, and notwithstanding anything to the contrary in
this Agreement, each of the Members expressly reserve and do not waive their rights to approve
or disapprove of potential conflicts of Agency General Legal Counsel.
In addition to, of in lieu of, hiring employees, the Agency may engage one or more Members to
manage any or all of the business of the Agency on terms and conditions acceptable to the Board
of Directors and the Member(s) -to be so engaged. Any Member so engaged shall have such
responsibilities as are set forth in the contract for such Member's services which shall be
approved by a majority vote of the Directors representing the non - contracting Member(s).
Section 9.04 — Location of Public Meetings.
At the initial meeting of the Board, the Board shall establish a location or locations for
public meetings of the Agency that complies with the requirements of the Ralph M. Brown Act,
including, but not limited to, Government Code section 54954.
Section 9.05 — Bylaws.
The Board shall adopt Bylaws governing the conduct of meetings and the day -to -day
operations of the Agency on or before the first anniversary of the Effective Date of this
Agreement.
10 �6
Section 9.06 — Official Seal and Letterhead.
The Board may adopt, and /or amend, an official seal and letterhead for the Agency by a
vote of the Directors.
Section 9.07 — Conflict of Interest Code.
At the initial meeting of Board, the Board shall begin the process for adoption and filing
of a Conflict of Interest Code pursuant to the provisions of the Political Reform Act of 1974.
Section 10.01 — Establishment of Funds.
The Board shall establish and maintain such fund!
generally accepted public agency accounting practices
accountability of all funds and report all receipts and dis
than a quarterly basis.
,counts as may be required by
Agency shall maintain strict
ants of the AL
enev on no less
In order to initially fund and operate the Agency, the Members shall each provide the
funding commitment amounts listed in the table below ( "Funding Commitment "), with the
Funding Commitment to be paid by the specified due dates below. Such Funding Commitments
may be made by payment to the Agency, providing services to the Agency through an agreement
with the Agency, or a combination of both. If any portion of a Member's Funding Commitment
is to be provided through a services agreement, the Agency and such Member shall strive to enter
into a services agreement by the initial due date.
The timeframe for payment of any remainder amounts shall be determined by the Board
of Directors based on the funding and operational needs of the Agency, and shall be due and
payable within thirty (30) days of issuance of an Agency invoice.
Member
Total Initial
Due by July
Remainder to
Commitment
31, 2017
be met as
provided for in
a services
agreement, or
billed by the
Agency as
needed
Sonoma Resource Conservation
$ 20,000
0
$ 20,000
District
North Bay Water District
$ 20,000
$ 6,600
$ 13,400
City of Petaluma
$143,333
$43,000
$100,333
County of Sonoma
$143,333
$43,000
$100,333
Sonoma County Water Agency
$143,333
$43,000
$100,333
11 21
To the extent the Agency is able to secure other funding sources in the future, and to the
extent permitted by law, the Agency shall reimburse the initial commitments on a proportionate
basis.
Section 10.03 — Fiscal Year.
The Fiscal Year of the Agency shall be July 1 through June 30.
Section 10.04 - Treasurer and Annual Audit.
The Sonoma County Auditor - Controller- Treasurer -Tax Collector shall act as the initial
Treasurer for the Agency. The Treasurer shall perform all usual and customary duties of his or
her office for the Agency, including but not limited to receiving all deposits, issuing warrants per
direction, and other duties specified in Government Code section 6505.5. The Board may
transfer the responsibilities of the Treasurer, by two - thirds supermajority vote -,of the Board in
accordance with Section 7.06, to any other person or entity as the law may permit at the time (see
e.g., Government Code section 6505.5). The Board shall cause an independent annual audit to
be made by a certified public accountant, or public accountant, in compliance with Government
Code section 6505
The Board may from time to time designate the officers and persons, in addition to those
specified in Section 10.04 above, who shall have charge of, handle, or have access to any funds
and /or property of the Agency. Pursuant to California Government Code section 6505.1, each
such officer and person shall file a bond in an amount designated by the Board.
Section 10.06 - Budget.
By a date no later than sixty (60) days before the end of each Fiscal Year, the Board shall
adopt a budget for the Agency for the ensuing Fiscal Year. The Board may authorize mid -year
budget adiustments. as needed.
All fees, costs and expenses incurred by the Agency may be funded from: (i) voluntary
contributions from third parties, such as grants; (ii) advances or loans from the Members or other
sources; (iii) bond revenue; (iv) taxes, assessments, fees and/or charges levied by the Agency
under the provisions of SGMA or otherwise provided by law; and, (v) subject to the unanimous
vote of the Board in accordance with Section 7.07, assessments on the Members to carry out the
activities of the Agency generally applicable to all Members.
Article XI: Relationship of Agency And Its Members
Section 11.01— Separate Entity.
In accordance with California Government Code Sections 6506 and 6507, the Agency
shall be a public entity separate and apart from the parties to this Agreement.
12
.1:Jq
Section 11.02 — Liabilities of the Agency Not Liabilities of Members.
In accordance with California Government Code section 6508.1, the debt, liabilities and
obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and
not of its Members. To the maximum extent permitted by law, including, but not limited to,
California Government Code Section 895.2 and following, as such statutes may be amended or
supplemented, and notwithstanding any contrary provision in this Agreement, the Members do
not intend hereby to be obligated either jointly or severally for the debts, liabilities or obligations
of the Agency.
Section 11.03 — Indemnity and Insurance.
11.03.01. Indemnity. Funds of the Agency may be used to defend, indemnify, and hold
harmless the Agency, each Member, each Director, and any officers, agents and employees of
the Agency for their actions taken within the course and scope of their duties while acting on
behalf of the Agency. To the fullest extent permitted by law, the Agency agrees to save,
indemnify, defend and hold harmless each Member, each Director, and any officers, agents and
employees of the Agency from any liability, claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest,
defense costs, and expert witness fees, where the same arise out of, or are attributable in whole or
in part to the conduct, activities, operations, acts, and omissions of the Agency.
11.03.02. Insurance. The Agency
insurance program in which one or more
Any and all insurance coverages provide
joined by the Agency, shall name each ai
arising out of or in connection with the o
performance of this Agreement. Minims
be set by the Agency in its ordinary cour
contractors and subcontractors to have in
coverages and provisions of the insuranc
to the approval of Agency Counsel.
hall be required to obtain insurance, or join a self -
f the Members participate, appropriate for its operations.
by the Agency, and /or any self - insurance programs
l every Member as an additional insured for all liability
,rations by or on behalf of the named insured in the
i levels of the insurance or self- insurance program shall
of business. The Agency shall also require all of its
trance appropriate for their operations. All amounts
policies identified in this Section 11.03B shall be subject
..... ......_
The Board may approve agreements with one or more Members that agree to undertake activities to
benefit the Agency and further its purposes by a majority vote of the Directors representing the
non - contracting Members.
Section 11.05 — Withdrawal of Members.
Any Member shall the have the ability to withdraw by providing ninety (90) days written
notice of its intention to withdraw. Said notice shall be given to the Board and to each of the
other Members.
A Member shall not be fiscally liable for an adopted budget provided that the Member
provides written notice ninety (90) days prior to the adoption of the budget.
In the event of a withdrawal, this Agreement shall continue in full force and effect among
the remaining members as set forth in Section 11.07 below.
13 0.9
Section 11.06 — Termination of Members.
Any Member's failure to meet its funding obligations pursuant to Sections 10.02 or
10.07 of this Agreement may be treated as a breach of this Agreement and the Board may'vote to
terminate such Member. Such termination shall be approved by unanimous consent of all
Directors except the Director of the Member proposed to be terminated. In lieu of termination,
the Board may in its discretion vote to suspend a Member's voting privileges for failure to meet
its funding obligations pursuant to Section 10.02 or 10.07 until the Member has satisfied its
funding obligations. Such suspension of voting privileges shall be approved by a supermajority
vote, as defined in Section 7.06 above but excepting the Director of the Member proposed to
have its voting privileges suspended. In the event a Member's voting privileges are suspended,
that Member shall not be counted for purposes of determining a majority or supermajority vote in
accordance with Sections 7.05 and 7.06. In the event of termination of a Member, this
Agreement shall continue in full force and effect among the remaining members as set forth in
Section 11.07 below, and such action by the Board shall not be subject to the requirements of
Section 12.02. Before terminating a Member for breach pursuant to this section, the Board must
satisfy the meet and confer requirements under Section 12.04. As part of the meet and confer
process, the Board and the Member proposed to be terminated may conduct mediation in
accordance with Section 12.04.
Any Member's failure to be represented by a Director or Alternate Director of the Member
for three consecutive meetings (regular or special); of the Board may be considered a breach of this
Agreement for which the Board may vote to suspend a Member's voting privileges for up to an
equivalent number of meetings missed. Such suspension of voting privileges shall be approved by
a supermajority vote, as defined in Section 7.06 above but excepting the Director of the Member
proposed to have its voting privileges suspended. In the event a Member's voting privileges are
suspended, that Member shall not be counted as a member of the Board for purposes of
determining a majority or supermajority vote in accordance with Sections 7.05 and 7.06.
Suspension of a Member's voting privileges under this section shall not excuse that
Member from its obligations under this Agreement, including but not limited to, continuing
financial commitments to the Agency and attendance at Board meetings.
Except as provided for -in Section 11.05, any withdrawal or termination of a Member,
shall not relieve the withdrawing or terminating Member of its financial obligations arising under
this Agreement prior to the effective date of the withdrawal or termination, including but not
limited to financial obligations or guarantees for loans provided by individual Members, if
applicable.
The withdrawal or termination of one or more Members shall not terminate this
Agreement or result in the dissolution of the Agency. This Agreement shall remain in full force
and effect among the remaining members, following the withdrawal or termination of any
Member, and the Agency shall remain in operation provided that there are at least two Members
remaining in this Agreement.
Section 11.08 — Dissolution.
The Agency may be dissolved at any time upon the unanimous vote of the Board and
14 _?O
approval of the Members' governing boards. However, the Agency shall not be dissolved until
all debts and liabilities of the Agency have been eliminated. Upon Dissolution of the Agency,
each Member shall receive its proportionate share (in proportion to the contributions made by
each Member) of any remaining assets after all Agency liabilities and obligations have been paid
in full. The distribution of remaining assets may be made "in kind" or assets may be sold and the
proceeds thereof distributed to the Members. This distribution shall occur within a reasonable
time after dissolution. No former member which previously withdrew or was terminated shall be
entitled to a distribution upon dissolution.
Section 11.09 — Disposition of Property Upon Termination of Agency or Board
Determination of Surplus.
Upon termination of this Agreement or upon determine
money is on hand, such surplus money shall be returned to the
contributed such monies in proportion to their contribution,,
applied to a Board designated reserve account. The Board shat
works, rights and interests of the Agency for sale to the indivi
based on highest bid. If no such sale is consummated, tl
properties, works, rights and interests of the Agency for sale in
Jon by the Board that any surplus
then Members of the Agency that
or such surplus money may be
any governmental agency, private entity or persons for good and
The foregoing constitutes
Agreement supersedes all prior
related to the subject matter of thi
This Agreement may be
Members, acting through their g
writing signed by each Member.
offer any surplus properties,
Zember and the sale shall be
and shall offer the surplus
lance with applicable law to
and complete Agreement of the Members. This
Ls and understandings, whether in writing or oral,
:nt that are not set forth in writing herein.
from time to time by the unanimous consent of the
bodies. Such amendments shall be in the form of a
The rights and duties of the Members may not be assigned or delegated without the
written consent of all other Members. Any attempt to assign or delegate such rights or duties in
contravention of this Agreement shall be null and void. Any assignment or delegation permitted
under the terms of this Agreement shall be consistent with the terms of any contracts, resolutions
or indentures of the Agency then in effect.
This Agreement shall inure to the benefit of and be binding upon the successors and
assigns of the Members hereto. This section does not prohibit a Member from entering into an
independent agreement with another agency regarding the financing of that Member's
contributions to the Agency or the disposition of proceeds, which that Member receives under
this Agreement so long as such independent agreement does not affect, or purport to affect, the
rights and duties of the Agency or the Members under this Agreement.
15 �I
Section 12.04 — Dispute Resolution.
In the event there are disputes and /or controversies relating to the interpretation,
construction, performance, termination, breach of, withdrawal from or other issue related to this
Agreement, the Members that are party to the dispute (the "Disputing Parties ") agree to meet and
confer in a good faith attempt to resolve the dispute. On the request of any Disputing Party to
meet and confer, the other Disputing Parties agree to provide available dates within 21 days of
the meet and confer request. The Disputing Parties may agree to schedule additional meet and
confer sessions. If the Disputing Parties are unable to resolve the dispute by meeting and
conferring, they shall mediate the dispute. The cost of any such mediation will be borne equally
by the Disputing Parties. If the Disputing Parties cannot agree on a mediator, they may select a
mediator by alternately striking names from a list of available mediators from JAMS or a similar
mediation service provider. The Disputing Parties will provide all other Members written notice
of any scheduled mediation and the issues subject to mediation at least 10 business days prior to
the mediation. One representative for each Member not party to the dispute and one Agency
staff representative may attend any mediation under this section to represent the Members' and
the Agency's interests related to the mediation. The cost of such representatives' attendance
shall be borne by the Members and the Agency so represented. The mediator may, in the
mediator's sole discretion limit the participation of representatives of Members not party to the
dispute and /or any Agency representative in the interest of successfully mediating the dispute.
No settlement of a dispute subject to this section will bind the Agency or any Members not party
to the dispute except to the extent the settlement is approved by the Agency Board by unanimous
vote of the Directors of the non - disputing Members.
This Agreement may be executed in parts or counterparts, each part or counterpart being
an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be
considered as constituting one complete original and may be attached together when executed by
the Members hereto. Facsimile or electronic signatures shall be binding.
The governing bodies of the Members have each authorized execution of this
Agreement, as evidenced by the signatures of their respective authorized representatives,
below.
Nothing herein shall constitute a determination by the Agency or any of Members that
any action shall be undertaken or that any unconditional or irretrievable commitment of
resources shall be made, until such time as the required compliance with all local, state, or
federal laws, including without limitation the California Environmental Quality Act, National
Environmental Policy Act, or permit requirements, as applicable, have been completed.
Section 12.08 — Notices.
Notices authorized or required to be given pursuant to this Agreement shall be in writing
and shall be deemed to have been given when mailed, postage prepaid, or delivered during
16
working hours to the addresses set forth for each of the Members hereto on Exhibit "A" of this
Agreement, or to such other changed addresses communicated to the Agency and the Members
in writing.
Section 12.09 — Severability And Validity Of Agreement.
Should the participation of any Member to this Agreement, or any part, term or provision
of this Agreement be decided by the courts or the legislature to be illegal, in excess of that
Member's authority, in conflict with any law of the State of California, or otherwise rendered
unenforceable or ineffectual, the validity of the remaining portions, terms or provisions of this
Agreement shall not be affected thereby and each Member hereby agrees it would have entered
into this Agreement upon the same remaining terms as provided herein.
Section 12.10 — SinLular Includes Plural.
Whenever used in this Agreement, the singular form of any term includes the plural form
and the plural form includes the singular form.
17
IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and
regularly adopted by their respective Board of Directors or governing board, have caused their
names to be affixed by their proper and respective officers as of the day and year first above -
written.
SIGNATURE LINES
18
EXHIBIT A
MEMBERS
City of Petaluma
County of Sonoma
MG,
EXHIBIT B
Advisory Committee to the Agency Board of Directors
The advisory committee will have ten (10) members based on the interest group and
member agency designations described below:
Members shall each appoint one (1) at -large member.
Five (5) interest -based appointees shall be appointed by;the Board:
1. Environmental representative (from an organization with a presence
in the Basin)
2. Rural residential well owner
3. Business community
4. Agricultural interest (surface water or groundwater user)
5. At -large community representative (preference for disadvantaged
community interest))
The Board will appoint members to fill the interest -based seats. Interested
individuals from the community or local , organizations may apply to the Board,
designating in the application the seat that the applicant would intend to fill. Each
Member's governing body will appoint its at -large seat. Panel members may not serve
concurrently on the GSA governing board. Members must live or work within or
represent an organization with a presence in the Petaluma Valley Groundwater Basin,
identified by the Department of Water Resources current Bulletin 118.
The Board encourages interest groups ''to work together to recommend a single
candidate to fill that interest's seat. The Board will give strong consideration to
appointing, candidates that have the backing of multiple organizations or individuals
within that interest group and familiarity with groundwater and its management. The
Board will also give preference to applicants with experience working with diverse
community -based groups.
For the at- large community representative, the Board will give strong preference
to a representative who lives or works within a Disadvantaged Community (as defined in
SGMA), and will in any case give preference to appointees that can represent the
interests of disadvantaged populations or interests that are otherwise under - represented
on the Advisory Committee.
The Board will determine if alternates are necessary, and if so, the appointment
process.
The Board will establish a timeline and process for appointment of the initial
advisory committee following Agency formation. The initial Advisory Committee
appointments will include five seats with three -year terms (interest -based categories) and
five two -year terms (at- large). Following initial committee appointment, all terms will be
20
M_
two years. Appointees are not term- limited; however, they must apply for each term. If a
vacancy occurs for an interest -based seat before the end of the term, the Board will
appoint a new individual to complete the term. At -large vacancies shall be filled by the
appointing Member. By supermajority vote, the Board may add one or more additional
interest -based appointee positions to the Advisory Committee.
The Board can remove an interest -based committee member by vote if member is
not performing his or her responsibilities.
The purpose of the committee is to advise the Board on groundwater
sustainability plan development and implementation and Agency_ policies. The intent of
the committee is to provide community perspective and participation in the Agency. The
Advisory Committee will review and /or provide recommendations to the Board on
groundwater - related issues that may include:
• Development, adoption or amendment of the GSP
• Sustainability goals and objectives
• Technical and Reporting Standards, including Best
management and reporting
• Monitoring programs
• Annual Work Plans and Reports (including mandat
• Modeling scenarios
• Inter -basin coordination activities
• Project and management actions to achieve sustain
■ Grant funding proposals
■ Community outreach
■ Local regulations to implement SGMA
■ Fee nronosals
■ General advisory
data
milestone reports)
)ry Committee will not be involved in Agency budgets or day -to -day
personnel staffing or contracting.
Pursuant to Board direction, Agency staff will develop the annual work plan and
schedule for committee meetings. The Advisory Committee will adopt a charter and will
appoint a chair and vice - chair.
To inform Board decision making, the Advisory Committee will provide written
recommendations in reports. The recommendation reports will identify areas of
agreement and disagreement. The committee will strive for consensus when possible, but
reaching consensus is not necessary. Consensus means that everyone can at least "live
with it." When unable to reach consensus on recommendations, the committee will
outline the areas in which it does not agree, providing some explanation to inform Board
decision - making.
The committee may request that one or more committee members present its
recommendations to the Board, including areas of agreement and disagreement,
21
,9_1
consistent with committee deliberations. The Board will consider advisory committee
recommendations when making decisions. If the Board does not agree with the
recommendations of the Advisory Committee, the Board shall state the reasons for its
decision.
All Advisory Panel meetings are subject to the Brown Act and will be open to the
public. The GSA will announce panel meetings on its web site and through its regular
communication channels.
22 0
Attachment 4
CITY OF PETALUMA, CALIFORNIA
TECHNICAL MEMORANDUM
Public Works & Utilities Department
202 N. McDowell Boulevard, Petaluma, CA 94954
(707) 778-4546, Fax (707) 778 -4508
DATE: December 1, 2016
TO: SGMA Compliance and GSA Formation File
FROM: Dan St. John, KASCE — Director, Public Works and Utilities
Leah Walker, P.E. — Environmental Services Manager
SUBJECT: Detailed Background Regarding SGMA Compliance and GSA Formation Status
BACKGROUND
In September 2014, Governor Brown signed historic legislation, called the Sustainable
Groundwater Management Act (SGMA), which gives local agencies, including cities, counties
and water resources agencies, authority to manage groundwater sustainably over the long - tern.
SGMA requires the formation of a GSA for each medium and high - priority groundwater basin as
designated by the California Department of Water Resources (DWR) by June 30, 2017. Three of
Sonoma County's 14 groundwater basins, Santa Rosa Plain, Sonoma Valley and Petaluma
Valley, are designated as medium - priority and none of them is high - priority. A countywide map
showing these basins is included as Attachment 2. Under SGMA, the eligible member agencies
for a basin -wide Petaluma Valley GSA, besides the City, are Sonoma County (County), Sonoma
County Water Agency (SCWA), Sonoma Resource Conservation District (SRCD), and North
Bay Water District (NBWD). A map of the Petaluma Valley Basin with the boundaries of the
City and NBWD are shown in Attachment 3. As an alternative to a basin -wide GSA, SGMA
allows the City to form its own GSA within City limits.
The Petaluma Valley Groundwater Basin stretches from Penngrove south to the Marin County
line and San Pablo Bay, encompassing about 94 of the approximately 146 square miles of the
Petaluma River Watershed, as shown in Attachment 3. Financed by SCWA and the City, the
United States Geological Survey is conducting a study of the Petaluma Valley Basin to analyze
groundwater use and hydrogeological conditions using data from about 600 wells to define the
basin lithology. Preliminary geochemistry results indicates poor water quality in some portions
of the basin, including arsenic, confined to shallow alluviums with some elevated nitrate levels,
possibly from septic systems or historic agricultural activities. There are indicators of salt -water
intrusion, although not to significant levels. A digital groundwater model is under development,
which can be used to project sustainable yields and simulate effects of droughts and management
options, such as groundwater curtailments or groundwater recharge. Determining the effects of
continued groundwater use, and identifying efficient strategies for groundwater management are
�1
necessary to complete the requisite SGMA planning requirements and to assure that groundwater
continues to be a reliable back -up water supply for the City under its conjunctive use strategy.
Any local public agency or a combination of local agencies that has water supply, water
management, or land use responsibilities within a groundwater basin may elect to be a member
of the relevant GSA or form its own GSA. If multiple entities form a GSA, the organization must
be documented through a joint powers authority (JPA) or a memorandum of agreement (MOA).
The County would become the default GSA in any basin or portion of a basin where no other
entity steps forward by June 30, 2017. If the County declines to become the GSA, the State
Water Resources Control Board (SWRCB) will step in. Multiple agencies may request to be
designated as a GSA within a single basin. Each GSA must serve a discrete part of the basin with
no overlap with parts of the basin claimed by another GSA. If two or more GSAs are formed
within a single basin, then the GSAs must adopt one GSP, or coordinate on multiple GSPs
through a formal agreement. In Sonoma County, several public agencies are eligible to be a
member of two or three of the proposed GSAs. The County, SCWA, and SRCD can be in all
three while the North Bay Water District, whose boundaries are in the southern part of the
County, could participate in the proposed, basin -wide Petaluma Valley and Sonoma Valley
GSAs.
The City Council held a workshop on GSA formation on November 2, 2015, and two public
workshops conducted by the GSA formation committee were held at the Community Center on
November 9, 2015 and August 17, 2016. As discussed at these events, the function of a GSA is
to assess the conditions in its local basin and to adopt a locally based Groundwater Sustainability
Plan (GSP) by January 31, 2022. The GSP is designed to achieve groundwater sustainability in
the basin within 20 years in which groundwater is managed to acceptable sustainable yield over
a long period of time. The sustainable yield is the amount of groundwater that can be withdrawn
annually without causing the following undesirable results: chronically lowering groundwater
levels, seawater intrusion, degrading water quality, land subsidence or depletion of
interconnected surface water including creeks and rivers. If these milestones are not met, the
SWRCB may intervene, which could lead to loss of local control, possible curtailment of
water use or state - imposed fees.
SGMA empowers GSAs to use new management tools to achieve sustainability and lays out
specific goals and powers. GSAs may conduct investigations, require registration of groundwater
wells, determine the sustainable yield of a basin, measure and limit groundwater extractions,
construct and operate special projects, and make and enforce regulations based on the results of a
GSP. To accomplish this, the GSA may assess and collect rates and fees for groundwater
management in a manner consistent with State Proposition 218. SGMA requires coordination
between water supply agencies and land use planning agencies, and GSAs must consider land
use assumptions contained in local general plans when preparing the GSP. Conversely, the
responsible land -use planning agency is required to take into consideration findings and
recommendations of the relevant GSPs prior to any amendments to a general plan, which must
be referred to the local GSAs for review. The GSA will provide the local land use - planning
agency with groundwater impacts anticipated from any proposed land -use plan amendment,
including impacts to implementation of the GSP. GSAs can provide review and comment on
well construction applications, but counties will maintain permitting authority unless specifically
Ir
delegated to the GSA. Nothing in SGMA or a GSP may supersede the land use authority of cities
and counties, including their general plans, as applicable within a basin.
DISCUSSION
Two fundamental alternatives to meet the requirements of SGWA are detailed herein, namely:
1. Continue participation in a Basin -wide effort, with four other entities, to form and
manage the Petaluma Valley GSA.
2. Form a City GSA only for those parts of the Petaluma Valley Basin that are within City
limits, and coordinate with a "rural GSA" made up of the other GSA eligible entities to
establish and implement one Groundwater Sustainability Plan (GSP) for the basin.
The following sections describe the alternatives.
Basin -wide Petaluma Valley GSA Options: Since April 2015, a workgroup of GSA - eligible
agencies, the GSA formation committee, has been collaborating to implement SGMA and form
the proposed three basin -wide GSAs in the County. For Petaluma Valley, eleven meetings have
been held since August 2015 and included representatives from all five GSA - eligible agencies.
Topics discussed included ongoing facilitation needs, outreach, implementation costs and GSA
formation issues such as governance format, representation, funding, and stakeholder
involvement. The workgroup has developed an initial strategy for implementation of SGMA as
detailed in Attachment 3. The key recommendations of the formation committee are summarized
below.
Governance:
• The Petaluma Valley GSA governing board would be comprised of one representative
from each GSA - eligible entity, consisting of SCWA, County, City, NBWD, and SRCD.
• The primary representative for each entity would be a board or council member from the
GSA - eligible entity.
• The alternate representative would be a board or council member or an executive -level
staff person.
• Each GSA board member would have one equally weighted vote.
• Routine business of the GSA would be approved by simple majority vote of 3 out of 5
members.
• A super- majority consisting of 4 out of 5 members would be required for approval of
critical items such as adoption of bylaws, GSP including amendments, annual budget,
regulations, assessment of rates and fees, and appointment of a fiscal agent and treasurer.
• Affirmative vote of both the City and the County would be required for approval of a
super- majority motion, giving City or County an effective veto power to any critical
issue. The SRCD board has recently expressed its opposition to this effective veto
provision as stated in a letter from SRCD to the City on November 30, 2016.
Financing:
• "Gap" funding for the first several years of GSA operation until a rate and fee structure is
implemented would be identified before GSA formation. "Gap" funding would be needed
0
to "stand -up" the GSA, pay staff and consultants, develop and adopt a rate and fee
schedule, and begin development of the GSP.
Initial funding could be provided by some or all of the member agencies as cash
contribution, services -in -lieu of cash, loans, or loan guarantees.
A loan from the County treasury to the GSA for "gap" funding, guaranteed by one or
more member agencies, is being considered. The loan would be paid off once the GSA
rate structure is implemented, though it is not clear when or how the repayment would
occur. While estimates are in progress, the loan could be $500,000 to $1,000,000 or
more.
• The rate structure would be established based on proportionate benefit so that all water
users would pay an annual fee based on size of acreage, number of parcels, or
groundwater use, or a combination of these or other parameters.
Advisory Committee:
• An advisory body would be created to provide input to the GSA Board on GSP
development, implementation of GSA policies, and other matters.
• Advisory committee would have 10 members.
• The five GSA member agencies would appoint one member each.
• GSA board collectively would appoint five additional members to represent the following
special interests: environmental, rural residential well owner, business community,
agricultural, and an at -large community representative.
• Members would live in the GSA basin or represent an organization with a presence in the
GSA basin.
• Members would serve a two -year term with no term limits, but must be reappointed after
each term to continue.
• Protocols for application for membership, meetings, and decision - malting would be
developed.
GSA Structure:
One GSA with one GSP is proposed per basin, and each would develop its own legal agreement
and voting structure. Each GSA would be responsible to implement SGMA in its specific
groundwater basin, exercise all GSA authorities, and develop and implement the GSP. In
developing the proposed structure, three governance options were considered: One countywide
GSA; Separate GSAs for each basin, or the recommended "Hybrid Model" where three separate
GSAs would be formed but they would share countywide resources and coordinate on
management and regulatory decisions. Close coordination of all three GSAs would include sharing
of technical and management resources to help control costs. Information and resource sharing
between basins would include sharing of contracts for necessary professional services and legal
research, and would involve all major activities and policies to support groundwater management,
e.g. data management systems, new well registration requirements and approach to rate - making.
However, each GSA would retain its own authorities and adopt its own regulations developed
through coordination with the other GSAs. More detailed information on the GSA - eligible local
agencies in each basin, a Decision - Making Framework, Agreements and Considerations for
Forming Groundwater Sustainability Agencies in Sonoma County is included in Attachment 4.
Draft principles for developing governance options are included as Attachment 5.
Financing:
Funding is needed to support the GSA for administration, GSP development, operations
including enforcement, and any special projects. Per SGMA, user fees and rates would come
from assessments, charges and fees levied by the GSA upon properties within the basin. The
makeup of these rates and fees will be addressed in a future rate study. Some State funding may
be available for GSP development and for future projects, but is expected to be very limited.
Collaboration between GSAs will improve competition for funding as a region based on input
from DWR. SCWA recently submitted a funding request for additional facilitation services to
assist in the development of GSAs and previously received a $250,000 grant from DWR on
behalf of the GSA eligible agencies to develop the database needed for SGMA implementation.
Outreach:
SGMA requires strong public engagement. The GSA outreach subcommittee formed to
coordinate communication and public involvement during the GSA formation process will
continue a robust outreach effort after the GSAs are formed. Accomplishments include rollout of
a website devoted to SGMA in Sonoma County, public workshops to provide background on
SGMA and GSA development progress to the public and stakeholders, and development of
educational materials for use by all GSA - eligible entities. Monthly updates to interested
stakeholders announce recent developments and opportunities for engagement. Future outreach
will include public hearings as required by SGMA, paid ads, flee media, website and social
media posts, and regular newsletters to interested parties.
Next Steps and Timeline:
The following schedule is proposed in order to meet the June 30, 2017, GSA - formation deadline:
October - November
Continue to refine start-up cost estimates and start-up funding
proposals. Develop GSA staffing plans, coordination with other
basins, and outreach
November - December
Draft JPA agreements based on input from councils, boards and
the public
March 2017
Hold third series of public workshops on final governance and
start-up funding proposals
February -March
Draft final JPA documents and initiate interagency loan.
April
Public hearing on GSA formation
May
Notify DWR of GSA formation
June 30, 2017
GSA is formed
City GSA Option: The option would involve designating the City as the GSA with the Council
serving as the GSA board. SCWA is also a Citywide GSA eligible agency, though it is uncertain
whether they would opt to formally participate in that role. For a City only GSA, the City is the
most appropriate GSA entity due to its land use regulatory authority within City limits. The City
GSA option would likely involve the following key attributes:
City Council serves as the Citywide GSA board.
The City Council would appoint a Groundwater Sustainability Advisory Committee to
represent the interests of all beneficial uses and users of groundwater within the GSA
43
boundary. Members should represent commercial and industrial well owners, agricultural
and recreational well owners, the City's well field operations, environmental interests,
economic development interests, residential well interests, and at large. While a seven
member GSAC was discussed at the latest workshop, a recommendation for the GSAC
make up would be developed after the City has held a Public Hearing on the City GSA
option.
• A nexus exists between the GSA and the City's Water System. The formation and
operation of a Citywide GSA will assure groundwater availability to support the City's
conjunctive use water supply strategy. Therefore, there exists a nexus between the cost of
the GSA and the cost of providing reliable potable water supply to the City's customers.
The costs of a City GSA would be included as a fixed cost in the City's water rate
analysis, and shared equitably between all customer classes based on its mutual benefits.
By including the GSA related costs in the current rate study and rate setting process, the
City would remain compliant with the requirements of State Proposition 218.
• Commitment to participate in the planning process to create a Petaluma Valley Basin -
wide GSP, including paying the City's fair share of the expenses. The City's share of the
expenses for the GSP would be negotiated with the rural GSA.
• Commitment to participate in information and resource sharing as described with the
Basin -wide GSA option.
• City commits to coordinated administration and enforcement of the GSP after adoption
by both GSAs in the Petaluma Valley Basin.
• Commitment to a robust outreach program utilizing the City's existing outreach
capabilities including websites, social media, workshops, and customer mailers. May also
include sharing services with the Countywide GSAs Outreach program where
appropriate, and media placements.
• Develop and maintain list of interested parties and describe how interests of all beneficial
uses and users of groundwater will be considered in the development and operation of the
GSA and development and implementation of the GSP.
• Administrative formation steps including publishing public notice of GSA formation,
holding a public hearing, adopting resolution of formation, and adoption of by -laws,
ordinances, and new authorities for the new GSA. It would be expected that the City
would hold a public hearing in January or February and then return to Council with a
resolution to form a Citywide GSA in February or March. The City would submit its
notice of intent to form a GSA within 30 days of the approval of the resolution.
44
Attachment 5
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Public Works & Utilities Department
202 N. McDowell Boulevard, Petaluma, CA 94954
(707) 778 -4546 Fax (707) 778 - 4508 E -mail. PUBLICWORKS@ci petaluma. ca. us
DATE: March 28, 2017
TO: John Brown, City Manager
FROM: Dan St. John, F.ASCE, Director
SUBJECT: GSA Implementation Schedule
46
ATTACHMENT 6
Preliminary DRAFT - For Discussion Purposes Only
Estimated Level of Effort for Staffing GSA Activities - Annual for Years 1 and 2
Petaluma Valley - Delayed GSP Tasks
Estimated Cost Year 1 $ 474,893
Estimated Cost Year 2 $ 559,851
Notes:
(1) It is anticipated that all member agencies will be involved in and have input on many, if not all, listed tasks in relation to the member
agencies particular interests. Task leads are identified for member agencies that would be leading or performing the tasks on behalf of the
GSA (either as reimbursable work or work conducted as part of that agencies financial contribution to the GSA).
Total Cost
Shared
Across
Basins
Task Lead (1)
GSA Board Meeting Activities
Prepare and notice meeting agendas and staffing for 6 meetings per year; Election of
Officers; Appoint Treasurer, Attorney; Establish Bylaws; Administer Advisory Body
Appointments; Develop Staffing Plan for Board consideration; Develop Draft Budget for
Board consideration; Solicitation and Contracting for Financing Options Consultant
RCD
Year 1 Activity /Task Total
$ 102,434
Year 2 Activity /Task Total
$ 59,826
Advisory Body Meetings
Prepare and notice meeting agendas /staffing of 6 meetings per year; Meeting Facilitation
of 6 meetings per year
RCD
Year 1 Activity /Task Total
$ 51,340
Year 2 Activity /Task Total
$ 51,340
Community /Stakeholder Engagement
Website update and maintenance; Media advisories; Public Workshops (as needed)
SCWA
Year 1 Activity /Task Total
$ 22,370
Year 2 Activity /Task Total
$ 22,370
Financing Options Study
Legal Options Study; Engineering study; Initial Rate Study
x
RCD
Year 1 Activity /Task Total
$ 130,932
Year 2 Activity /Task Total
$ 130,932
Ongoing Monitoring Activities
Existing Groundwater Level Monitoring; Existing Streamflow /Seepage Monitoring;
SCWA, PRMD, RCD,
City
Year 1 Activity /Task Total
$ 21,645
Year 2 Activity /Task Total
$ 21,645
Initial GSP development tasks
Technical Consultant(s) -- solicitation, selection & contracting; Work Plan for GSP
Development
x
SCWA, City to
participate
Year 1 Activity /Task Total
$ 80,640
Year 2 Activity /Task Total
$ 223,000
Grant Applications /Administration
Proposition 1 Sustainable Groundwater Management Grant Application; Others /review
potential opportunities
x
SCWA, RCD, City to
participate
Year 1 Activity /Task Total
$ 16,160
Year 2 Activity /Task Total
$ 1,365
Miscellaneous
Industry training, workshops, professional assocations; Legislative Advocacy; Fiscal Agent;
Treasurer; General Administration (15 %)
x I
SCWA, NBWD, City to
participate
Year 1 Activity /Task Total
$ 49,373
Year 2 Activity /Task Total
$ 49,373
Estimated Cost Year 1 $ 474,893
Estimated Cost Year 2 $ 559,851
Notes:
(1) It is anticipated that all member agencies will be involved in and have input on many, if not all, listed tasks in relation to the member
agencies particular interests. Task leads are identified for member agencies that would be leading or performing the tasks on behalf of the
GSA (either as reimbursable work or work conducted as part of that agencies financial contribution to the GSA).
Attachment 7
Proposed Scopes of Work for Initial GSA Activities
By Member Agencies
41
Sonoma Resource Conservation District
Proposed Scope of Work for Administrative Services
for the
Petaluma Valley Groundwater Sustainability Agency
"f�
DRAFT— For Discussion Purposes Only
RESOURCE CONSERVATION DISTRICT
1221 Farmers Lane, Suite F 707.569.1448
Santa Rosa, CA 95405 www.SonomaRCD.org
March 23, 2017
Subject: Scope ofWork for Interim Administrator, Petaluma Valley Groundwater Sustainability
Agency
The Interim Administrator will perform the following duties, in consultation with the working group
comprised of staff from each GSA Member.
GSA Board Meeting Activities
— In consultation with the Board Chair and Plan Manager, prepare agendas for 6 Board meetings
per year
— Notice all meetings in accordance with the Brown Act
— Staff all meetings and record minutes
— Establish and maintain list of Directors and Alternate Directors, and records of required trainings
and disclosures
— Work with Legal Counsel to draft Bylaws and Conflict of Interest Code for Board consideration
— Establish process for advisory body appointments and facilitate Board review of applications
— With member agency staff, develop Staffing Plan for Board consideration
— Develop Draft Budget for Board consideration
Advisory Committee Meeting Activities
- Prepare agendas for 6 Advisory Committee meetings per year
— Notice all meetings in accordance with the Brown Act
— Staff all meetings and record minutes
— In consultation with Advisory Committee Chair, develop written recommendation reports for
the Board,
— Pursuant Board direction, develop annual workplan and schedule for Advisory Committee
meetings
— Establish and maintain list of Advisory Committee members, including terms
Contracting /Financing Options Study
— Solicit and prepare contracts for Board consideration for GSA - related professional services
including but not limited to meeting facilitator, auditor, and consultants for finance options
study and rate study. This does not include technical consulting services related to Groundwater
Sustainability Plan preparation, which would be solicited /prepared by the Plan Manager and
reviewed by the Administrator prior to Board consideration.
Miscellaneous
— Participate in Public Workshops as needed
— Maintain all official records of the Agency and respond to Public Records Act requests as needed
— Serve as Fiscal Agent, including accounts payable and receivable, financial reporting to Board,
and facilitating the audit
— Obtain insurance for the Agency
— Develop seal /letterhead for Agency
— Coordinate legislative advocacy activities as needed
— Participate in industry training, workshops, and professional associations as needed
— Communicate as needed with Administrators from other Sonoma County basins
Budget
Description
Unit
Rate
Total
GSA Board Meeting Activities
Administrator
310
$110
$34,100.00
Administrative Assistant
237
$85
$20,145.00
Other Support Staff
62
$85
$5,270.00
subtotal
$59,515.00
Advisory Body Meeting Activities
Administrator
80
$110
$8,800.00
Administrative Assistant
80
$85
$6,800.00
subtotal
$15,600.00
Contracting /Financing Options Study
Administrator
80
$110
$8,800.00
Administrative Assistant
16
$85
$1,360.00
subtotal
$10,160.00
Miscellaneous
Administrator
67
$110
$7,370.00
Administrative Assistant
262
$85
$22,270.00
subtotal
$29,640.00
Total $114,915.00
0
Sonoma Resource Conservation District
Proposed Scope of Work for Groundwater Monitoring
for the
Petaluma Valley Groundwater Sustainability Agency
DRAFT — For Discussion Purposes Only
RESOURCE CONSERVATION DISTRICT
1221 Farmers Lane, Suite F 707.569.1448
Santa Rosa, CA 95405 www.SonomaRCD.org
March 27, 2017
Subject: Scope of Work for Groundwater Elevation Monitoring in the Petaluma Valley
Groundwater Basin
Existing CASGEM Well Network in the Petaluma Valley Groundwater Basin
The existing well network for the California Statewide Groundwater Elevation Monitoring ( CASGEM)
program, currently managed by the City of Petaluma, is comprised of nine wells. Five are former public
supply wells that are located within the City's boundaries. The remaining four wells in the monitoring
network are privately owned. One private well is located in the north part of the basin between
Penngrove and Cotati. There are two private wells in east Petaluma, one just east of the City limits on
Adobe Road, the other in the hills to the east of the wastewater treatment plant on Lakeville Highway.
The fourth private well is southeast of Petaluma at the Sonoma Raceway near Highway 37.
Table 1- Existing Groundwater Monitoring Well Network in the Petaluma Valley Basin
IMMA
Screen
R.P.
G.S.
Internal
Well ID
Elev.
Elev.
Latitude
Longitude
Last Read
Depth
Depth(s)
1- Station 1441
39
38.5
38.2648
122.6443
11/6/2014
562
52 -253,
280 -538
2- Tahola
47
46
38.2562
122.6259
11/6/2014
425
305 -385
3- Garfield
59
58
38.2581
122.6168
11/6/2014
360
220-320,
340 -360
90 -180,
4- Miwok
21
18
38.2357
122.6094
11/6/2014
460
300 -380,
440 -460
5- Casa De
20.5
18
38.2341
122.6031
11/6/2014
229
89 -149,
Arroyo
209 -229
6- Sears Point
122.5
121
38.1531
122.4876
11/25/2014
276
75 -95,
135 275
40 -250,
7- PG&E
110
108
38.1503
122.3451
1/27/2015
426
320 -338,
406 -426
118 -138,
8- St. John
310.5
310
38.3096
122.7098
6/12/2015
419
238 -258,
388 -418
9- Cardinaux
241.5
240
38.2342
122.5525
05/05/2015
370
30 -370
IMMA
Data Gaps: The network does not include wells in the northwest part of the basin, nor in
the southwest part of the basin closer to the Petaluma River. The SRCD will plan to outreach to existing
DWR- monitored wells, and to landowners it has worked with in the past, including landowners near the
southern reach of the Petaluma River where there is currently a data gap. After the first year, the need
for installing permanent monitoring wells in key areas throughout the basin will be evaluated.
Figure 1 - Actively Monitored Wells for the CASGEM Program in the Petaluma Valley Groundwater
Basin
DWR- Monitored (green), City -Owned (orange), and City - Monitored (blue)
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Scope of Work
Groundwater Elevation Monitoring in the Petaluma Valley Groundwater Basin for the Groundwater
Sustainability Agency FY 2017- 2018
TASK 1: Groundwater Elevation Monitoring and Outreach
- Outreach and secure new participants for the Petaluma Valley GSA Groundwater
Elevation Monitoring Program.(PVGEMP). Conduct initial site visits to the new wells
before fall 2017 and gather available information on new participant wells including well
depth, screened interval, ground surface and reference point elevations, and
latitude /longitude coordinates.
- Obtain new landowner access agreements for all new and existing GM program
participants.
- Call and coordinate with all participants and the City of Petaluma to schedule two
rounds of semi - annual monitoring visits.
- Conduct groundwater elevation monitoring and collect data on all participating wells
except for the City of Petaluma wells for fall of 2017 and spring of 2018.
TASK 2: Contract Management and Data Reporting
Draft quarterly contract progress reports and invoices.
Process, digitize, map, and submit data to the Sonoma County Water Agency and the
Petaluma Valley Groundwater Sustainability Agency by May 31" each year for spring
measurements and November 30th each year for fall measurements.
Draft a final report of groundwater monitoring data findings and present to the GSA
governing board with input from SCWA and the City of Petaluma, by June 2018.
�6
Sonoma County Water Agency
Proposed Scope of Work for
Grant Application and Management Services,
Outreach and Communication Services,
and
Technical Services
for the
Petaluma Valley Groundwater Sustainability Agency
zip
DRAFT— For Discussion Purposes Only
Scopes of Work for Services by Sonoma County Water Agency Staff
Year 1 Fiscal Year 2017/2018
Petaluma Valley Groundwater Sustainability Agency
Total Estimated Costs: $181,500 (including optional services of $22,000)
Scope A: Grant Application & Management Services: $17,500
Task A -1: Grant Application
Water Agency staff will monitor and report on funding opportunities related to DWR's Sustainable
Ground Water Planning Grant Program (next opportunity tentatively scheduled for summer of 2017). If
the Groundwater Sustainability Agency chooses to pursue funding opportunity, staff will coordinate,
prepare, and submit a grant proposal in compliance with the grant program guidelines and specific
proposal solicitation package requirements. Tasks will include the following:
• Assemble team of technical, administrative, and financial staff.
• Prepare templates, make assignments, and create schedule to ensure application is submitted
on time.
• Prepare drafts of project narrative, budget, and schedule; circulate to appropriate staff for
review and comment.
• Collect supplemental documents required to be submitted with application, such as letters of
support, resolution from governing board, maps, studies, or reports.
• Finalize and submit application according to DWR requirements.
Task A -2: Grant Management
If the grant is awarded, Water Agency staff will provide grant administration and management for
Groundwater Sustainability Agency.
• Act as primary contact with grant agency to prepare grant agreement, including scope,
schedule, and budget.
• Assist in meeting grant compliance requirements, including standard terms and conditions, and
project deliverables.
• Monitor grant schedule and budget.
• Coordinate with Groundwater Sustainability Agency members and sub - recipients to implement
grant project in a timely manner.
• Prepare quarterly progress reports for grant agency.
• Prepare and process invoices for match and reimbursement
• Coordinate and submit all deliverables required under grant agreement.
• Oversee grant closeout process.
61
DRAFT— For Discussion Purposes Only
Scope B: Outreach and Communication Services: $34,000 (Including Optional Services of
$12,000)
Task B -1: Ongoing Outreach: $22,000
Water Agency staff will continue existing outreach and communications program during the initial GSA
formation period, working in coordination with the Interim Administrators and the SGMA outreach
working group. Tasks will include the following:
Scheduling and coordination of community meetings, including:
• Finding location; date; time
• Drafting agendas in coordination with Interim Administrators
• Advertising meeting
• Preparing materials and presentations
• Coordinating note taking and feedback
o Setting up and breaking down meetings
• Issuing monthly updates on activities to the Interested Parties list.
• Maintaining the Interested Party List, including ensuring that the Interested Parties list can be
targeted to each basin (if targeted emails are needed).
• Updating website on a monthly basis (minimum).
• Developing content, graphics and place paid advertisements to publicize for GSA Board and
Advisory Committee meetings in community and regional newspapers, including the Argus-
Courier, the Sonoma Index - Tribune and The Press Democrat.
• Developing content for, and coordinating approval and issuance of press releases.
• Coordinating social media messaging with all GSA member agencies.
Task B -2: Optional Direct Mail Outreach: $12,000
If funding is available, developing, printing and mailing an informational flyer to all well owners in the
Bulletin 118 Basin.
N
DRAFT — For Discussion Purposes Only
Scope C: Technical Services: $130,000 (Including Optional Services of $10,000)
Task C -1: Initiate GSP Preparation: $90,000
Water Agency staff will provide technical services related to initiating the Groundwater Sustainability
Plan (GSP) for the Petaluma Valley Groundwater Basin in Year 1. Services are anticipated to include the
following:
• Serve as primary contact with DWR and interface with USGS and other State and Federal
agencies for technical matters related to development of the GSP.
• Prepare and present background information, summarizing current understanding of
groundwater conditions based on findings of USGS study and other relevant studies and
monitoring activities, to Advisory Committee and GSA Board.
• Develop a Work Plan for GSP development, which will include a proposed scope of work,
schedule, and estimated budget, in consultation with working group comprised of staff from
each GSA member.
• Develop outline and template for Work Plan in consultation with inter -basin
coordination group from other Sonoma County medium - priority basins.
• Develop Draft Work Plan for Petaluma Valley Groundwater Basin and present to
Advisory Committee.
• Address any Advisory Committee input /recommendations and revise Draft Work Plan,
as necessary.
• Present Draft Work Plan to GSA Board for consideration.
• Address any GSA Board input /recommendation, as necessary and prepare Final Work
Plan.
Solicit technical consultant(s), as needed, for assistance in developing GSP.
• Assess need(s) for technical consultant(s) for developing GSP or components of GSP.
• Pending assessment of need(s) and in consultation with staff from each GSA member
agency and inter -basin coordination group, develop solicitation for technical services,
coordinate review of solicitation responses, and prepare contract with selected firm for
Board consideration.
Initiate development of Basin Setting for GSP (consistent with Subarticle 2, sections 354.14
through 354.18 of GSP Regulations) utilizing information from the USGS study and other
available sources. Present information and draft materials to Advisory Committee and GSA
Board for background and input. Initial activities proposed for Year 1 include preliminary
evaluation and preparation of draft materials related to:
• Hydrogeologic Conceptual Model (description of principal aquifers and aquitards,
general water quality conditions, principal uses of each aquifer, hydrogeologic cross -
sections, surficial geology and soils, description and assessment of basin boundaries,
data gaps and uncertainty analysis, delineation of recharge and discharge areas,
imported water supplies)
• Groundwater Conditions (description of groundwater elevation trends over time,
groundwater elevation hydrographs and contour maps, groundwater quality issues)
6
DRAFT — For Discussion Purposes Only
o Water Budget (summary of historical water budget and future scenarios from USGS
study /model, identify data gaps in historical and ongoing data collection)
Task C -2: Ongoing Monitoring Coordination: $15,000
Water Agency staff will provide technical services to support ongoing and expanded monitoring within
the Petaluma Valley Groundwater Basin, including:
Prepare and present background information to the GSA for consideration in assuming the role
of Monitoring Entity for the California Statewide Groundwater Elevation Monitoring (CASGEM)
Program (currently performed by the City of Petaluma)
Should the GSA Board elect to assume the role of Monitoring Entity for CASGEM, Water Agency
staff will coordinate the collection, compilation and reporting of groundwater -level data to DWR
pursuant to CASGEM requirements, including development of a revised CASGEM Work Plan for
submittal to DWR, in coordination with monitoring outreach activities performed by the
Sonoma RCD and the City of Petaluma.
Develop and present proposals for the expansion and refinement of monitoring networks
compliant with requirements for monitoring networks described in the GSP Regulations to the
Advisory Committee and GSA Board for consideration. This will include defining objectives of the
monitoring network to monitor groundwater and surface water conditions. Perform an
assessment of current monitoring protocols with those required by GSP regulations
Task C -3: Technical Support for Financing Options Study: $15,000
Water Agency staff will provide technical services, as- necessary, to support development of a financing
options study in consultation with staff of GSA members, inter -basin coordination group and
consultant(s). Such services may include:
Refined estimates of groundwater demands by water -use sector based on data from available
information, studies and computer models.
Processing of computer model output from groundwater flow model of water budget estimates
for Bulletin 118 basin portion of model domain.
Task C -4: Optional As- Needed Technical Support to the GSA Board: $10,000
Water Agency staff will provide as- needed technical support to the GSA Board pursuant to GSA Board
priorities and direction. Such services may include:
Pending the timing of future Basin Boundary Modification request periods established by DWR
and upon request by the GSA Board, Water Agency staff would compile and present technical
information to the Advisory Committee and GSA Board for consideration in determining
whether to pursue any basin boundary modification requests from DWR.
�0