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HomeMy WebLinkAbout2018-08-28 - RESOLUTIONS - JPA BY AND AMOUNG MEMBERS OF THE SCV GROUNDWATER S (2)RESOLUTION NO. 18-62 RESOLUTION OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO APPROVE THE JOINT EXERCISE OF POWERS AGREEMENT BY AND AMONG THE MEMBERS OF THE SANTA CLARITA VALLEY GROUNDWATER SUSTAINABILITY AGENCY WHEREAS, the Sustainable Groundwater Management Act of 2014, California Water Code section 10720 et. seq. (SGMA), went into effect on January 1, 2015, and various clarifying amendments to SGMA, including Senate Bills 13 and 226 and Assembly Bills 617 and 939, were signed in 2015 and became effective on January 1, 2016; and WHEREAS, the legislative intent of SGMA is to provide for the sustainable management of California's groundwater basins, to enhance local management of groundwater, to establish minimum standards for sustainable groundwater management, and to provide local agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater; and WHEREAS, the Santa Clarita Valley Groundwater Sustainability Agency (SCV-GSA) was formed pursuant to the Sustainable Groundwater Act to be the Groundwater Sustainability Agency (GSA) for the Santa Clara River Valley East Subbasin, groundwater basin number 4- 4.07 (Basin), per the State of California, Department of Water Resource (DWR) Groundwater Bulletin 118; and WHEREAS, the members are all local public agencies with water supply, water management, and/or land use responsibilities in at least some portion of the Basin and as a result, each has the statutory authority to participate in the GSA for the Basin; and WHEREAS, the basin, identified and designated by the Department of Water Resources Bulletin 118 as Subbasin No. 4-4.07, is a high priority basin and therefore, is subject to the requirements of SGMA; and WHEREAS, SGMA Section 10735.2 required the formation of one or more GSAs to manage the Basin by June 30, 2017. SGMA Section 10723.6 authorizes multiple local agencies in a basin to form a GSA by way of memorandum of agreement or other legal agreement; and water supply, water management, or land use responsibilities within a groundwater basin may decide to become a GSA over that basin (California Water Code Sections 10721 and 10723); and WHEREAS, SGMA provides that a combination of local agencies may form a GSA by a Joint Exercise of Powers Agreement (JPA), a Memorandum of Understanding (MOU), or other legal agreement (Water Code Section 10723.6); and WHEREAS, the City of Santa Clarita overlies a portion of the Santa Clara River Valley East Subbasin, groundwater basin number 4-4.07 per the State of California, Department of Water Resources (DWR) Groundwater Bulletin 118, which has been designated by the State of California as a high priority basin; and Page 1 of 4 WHEREAS, the City of Santa Clarita has land use responsibilities within the Santa Clara River Valley East Subbasin; and WHEREAS, it is beneficial to the health, safety, and water supply reliability of the Santa Clarita Valley to retain local jurisdiction and control over groundwater resources within the Santa Clara River Valley East Subbasin; and WHEREAS, Castaic Lake Water Agency, Newhall County Water District, Los Angeles County Waterworks District No. 36, Val Verde, the Santa Clarita Water Division, the City of Santa Clarita, and the County of Los Angeles formed the SCV-GSA by the MOU dated May 24, 2017. The parties to the MOU set forth their intention and reserved the right to prepare a JPA to assume the role of the SCV-GSA; and WHEREAS, Santa Clarita Valley Water Agency (SCV Water) is the successor to Castaic Lake Water Agency, the Santa Clarita Water Division, and Newhall County Water District, which were dissolved, pursuant to Senate Bill 634, Chapter 833 (SB 634). In addition, SB 634 required SCV Water to dissolve Valencia Water Company, a large private retail water provider in the area whose stock was owned by SCV Water, and transfer its assets into SCV Water. This transfer was accomplished in January 2018 and as a result, the Valencia Water Division is operated as a retail service division and is part of the public agency, SCV Water; and WHEREAS, under SGMA and pursuant to Government Code Section 6500, et seq., a combination of local agencies may form a GSA through a JPA; and WHEREAS, the members have determined that the sustainable management of the Basin pursuant to SGMA may best be achieved through the cooperation of the members operating through a JPA; and WHEREAS, the Joint Exercise of Powers Act of 2000 ("Act") authorizes the members to create a joint powers authority and to jointly exercise any power common to the members and to exercise additional powers granted under the Act; and WHEREAS, based on the foregoing legal authority, as well as the authority granted in SGMA, the members desire to create a joint powers authority for the purpose of taking all actions deemed necessary by the joint powers authority to ensure sustainable management of the Basin as required by SGMA; and WHEREAS, the governing board of each member has determined it to be in the member's and public's best interest that this agreement be executed; and WHEREAS, this JPA supersedes and terminates the previously executed MOU and the joint powers authority created herein herby assumes the role of the SCV-GSA. Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Clarita, California, does hereby: SECTION 1. Elect that the City of Santa Clarita will participate as a member of the SCV- GSA to manage groundwater within its statutory boundaries of the Basin pursuant to the JPA by and among the members of the SCV-GSA. SECTION 2. Authorize the City Manager or his designee to execute the JPA by and among the members of the SCV-GSA. SECTION 3. Authorize the City Manager or his designee to coordinate with the other members of the SCV-GSA to provide a copy of this resolution and all other necessary documentation to the DWR within 30 days and to otherwise comply with the requirements of Water Code Section 10723.8. SECTION 4. Authorize the City Manager or his designee to coordinate with the other members of the SCV-GSA to maintain a list of interested parties regarding the SCV-GSA pursuant to Water Code Section 10723.4. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28`t' day of August 2018. ATTEST: CITY CLERK DATE: Z f -5 / y- Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do herby certify that the foregoing Resolution No. 18-62 was duly passed and adopted by the City Council of Santa Clarita at a regular meeting, thereof, held on the 28`" day of August 2018, by the following vote: AYES: COUNCILMEMBERS: Kellar, McLean, Miranda, Smyth, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK Page 4 of 4 1