Loading...
HomeMy WebLinkAboutResolution 2017-061 N.C.S. 05/01/2017Resolution No. 2017 -061 N.C.S. of the City of Petaluma, California 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 Resolution No. 2017 -061 N.C.S. Page 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 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 SGMA 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. Resolution No. 2017 -061 N.C.S. Page 2 3. Council Member Mike Healy is hereby appointed as a Primary Director on behalf of the City of Petaluma for the Petaluma Valley Groundwater Sustainability Agency. 4. Director of Public Works and Utilities Dan St. John is hereby appointed as an Alternate Director on behalf of the City of Petaluma for the Petaluma Valley Groundwater Sustainability Agency. Under the power and authority conferred upon this Council by the Charter of said City. Resolution No. 2017 -061 N.C.S. Page 3