Note from TheGardeningSnail: This page was prepared by running a PDF Image File through a program which converts Image to Print. My apologies for any textual Gremlins that may have crept in. I may also have broken up some of the larger paragraphs and highlighted a few sections.
Meeting Date: May 16, 2017
AGENDA ITEM: Public Hearing, Discussion and Possible Adoption of Resolution Approving Memorandum of Understanding Forming the Merced Irrigation-Urban Groundwater Sustainability Agency and Declaring Its Intention To Fulfill Its Commitment To The Sustainable Groundwater Management Act As Part Of The Merced Irrigation Urban Groundwater Sustainability Agency
MEETING DATE: May 16, 2017
PREPARED BY: Mario Gouveia, City Engineer Jose M. Sanchez, City Attorney
1. Staff recommends the City Council open the public hearing and then at the conclusion of the public hearing consider the adoption of Resolution No. as presented, which authorizes execution of a Memorandum of Understanding forming the Merced Irrigation Urban Groundwater Sustainability Agency (MIUGSA).
BACKGROUND AND ANALYSIS
The Sustainable Groundwater Management Act (SGMA) was passed in September of 2014 and became law on January 1, 2015. SGMA requires all high and medium priority groundwater basins to be managed by one or more groundwater sustainability agencies (GSA).
These GSA(s) will have the authority, and obligation, to develop one or more groundwater sustainability plans (GSP) that develop solutions for the long-term sustainable management of local groundwater resources. The GSP(s) needs to be adopted by either January 31, 2020 or January 31, 2022, depending on whether or not the particular subbasin is in a condition of critical overdraft as further discussed below.
Each groundwater subbasin must have all of its geographic area covered by one or more GSA(s) by June 30, 2017. There is 1 groundwater basin underlying portions of Livingston, the Merced Groundwater Subbasin – Critically Overdrafted Basin (GSP due January 31, 2020).
The proposed action relates to the creation of MIUGSA, a GSA that will, along with other GSAs, sustainably manage the Merced Groundwater Subbasin. Livingston has been working with various agencies for the last two years to develop the MIUGSA.
The Merced Groundwater Subbasin is expected to be managed by three GSAs, namely a Merced County GSA, Turner Island GSA, and the proposed MIUGSA. Collectively, the goal is to develop a single GSP to coordinate the management of groundwater resources for the basin as a whole. The signatory agencies to the three GSAs have, so far, committed to develop a single GSP for the entire basin.
The public agencies to be included in the MIUGSA are: City of Merced, City of Atwater, City of Livingston, Winton Water and Sanitary District, Planada Community Services District, Le Grand Community Services District, and the Merced Irrigation District. The boundary of the MIUGSA is generally the footprint of MID boundary. There are approximately 2,317 acres within Livingston that would lie within the proposed boundaries of proposed MIUGSA. This area lies within the City of Livingston city limits.
The process to achieve and implement the MIUGSA is:
1) Each Agency authorizes execution of the MOU;
2) Each Agency publishes a notice of a public hearing per SGMA requirements;
3) Each Agency holds a public hearing per SGMA requirements.
Livingston is satisfying each of these steps at this meeting. MID will then compile all this information including all required documentation per SGMA to file for a single GSA e.g. the MIUGSA, anticipated around the end of May 2017.
At this point staff recommends the City Council hold the Public Hearing, consider all testimony received, and then discuss and act on staff’s recommendation adopting the attached resolution which would authorize the City Manager to execute the final version of the MOU and submit to the California Department of Water Resources for consideration and approval.
1. Resolution No. 2017-_ of the City Council of the City of Livingston Approving The Merced Irrigation-Urban Groundwater Sustainability Agency Memorandum Of Understanding And Declaring Its Intention To Fulfill Its Commitment To The Sustainable Groundwater Management Act As Part Of The Merced Irrigation-Urban Groundwater Sustainability Agency
2. Memorandum of Understanding Forming the Merced Irrigation-Urban Groundwater Sustainability Agency" (MIUGSA MOU)
RESOLUTION NO. 2017-—
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE MERCED IRRIGATION-URBAN GROUNDWATER SUSTAINABILITY AGENCY MEMORANDUM OF UNDERSTANDING AND DECLARING ITS INTENTION TO FULFILL ITS COMMITMENT TO THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT AS PART OF THE MERCED IRRIGATION-URBAN GROUNDWATER SUSTAINABILITY AGENCY
WHEREAS, on September 16, 2014, Governor Edmund G. Brown, Jr. signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act (SGMA); and
WHEREAS, SGMA requires all high and medium priority groundwater basins, as designated by the California Department of Water Resources (DWR) Bulletin 118, to be managed by a Groundwater Sustainability Agency (GSA); and
WHEREAS, the Central Valley Groundwater Basin (Basin) has been designated by DWR as a high priority basin and the Department of Water Resources (DWR) has designated the Merced Groundwater Subbasin as a critically overdrafted basin; and
WHEREAS, SGMA authorizes any local agency, with water or land management authorities, overlying the Basin to elect to become a GSA within the Basin; and
WHEREAS, the City of Merced, the City of Atwater, the City of Livingston, Winton Water and Sanitary District, Planada Community Services District, Le Grand Community Services District, and Merced Irrigation District are parties who have collectively negotiated the "Memorandum of Understanding Forming the Merced Irrigation-Urban Groundwater Sustainability Agency" (MIUGSA MOU); and
WHEREAS, the MIUGSA MOU is comprised of local agencies as defined under the SGMA and are therefore eligible to serve as an individual GSA within the Basin, or to join other parties in an MOU to serve as a GSA within the Basin; and
WHEREAS, Section 10723.2 of the SGMA requires that a GSA consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans; and
WHEREAS, Section 10723.8 of the SGMA requires that a local agency electing to be a GSA notify the DWR of its election and intention to undertake sustainable groundwater management within a basin; and
WHEREAS, Livingston City Council held a public hearing at 7:00 PM on Tuesday, May 16, 2017 at the Livingston City Council Chambers, 1416 "C" Street, Livingston, CA 95334, after publication of notice pursuant to Government Code section 6066 to consider the adoption of this Resolution; and
WHEREAS, the Livingston City Council wishes to exercise the powers and authorities of a GSA granted by the SGMA through the MIUGSA MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
I. The Livingston City Council hereby elects to become a party of the MIUGSA MOU for that portion of the Merced Groundwater Subbasin lying within its boundaries and authorizes the City Manager to execute the MIUGSA MOU on behalf of the City in a form approved by the City Attorney.
2. The MIUGSA will develop an outreach program to include all stakeholders to ensure that all beneficial uses and users of groundwater are considered.
3. The City of Livingston has been authorized by the MIUGSA MOU to submit to the DWR a notice of intent to undertake sustainable groundwater management in accordance with the SGMA (Part 2.74 of the Water Code).
4. The notice of intent to the DWR shall include the boundaries of the Merced Groundwater Subbasin that the MIUGSA intends to manage, a copy of this resolution, a list of interested parties developed pursuant to Section I0723.2 of the SGMA, and an explanation of how their interests will be considered in the development and operation of the GSA and the development and implementation of the MIUGSA groundwater sustainability plan.
5. This Resolution shall take effect immediately after its passage.
Passed and adopted this 16th day of May, 2017, by the following vote: AYES: