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APPROVE RESOLUTION TO APPROVE THE ELECTION TO JOIN AND PARTICIPATE IN THE EASTERN SAN JOAQUIN GROUNDWATER AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT, AUTHORIZE EXECUTION OF THE AGREEMENT AND APPOINT REPRESENTATIVES TO THE BOARD OF DIRECTORS
recommended action
RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Approve the election to join and participate in the Eastern San Joaquin Groundwater Authority and the Joint Exercise of Powers Agreement.
2. Authorize execution of the Eastern San Joaquin Groundwater Authority Joint Exercise of Powers Agreement on behalf of the City of Stockton to include future amendments.
3. Appoint City of Stockton representatives to the Board of Directors of the Eastern San Joaquin Groundwater Authority pursuant to the Joint Exercise of Powers Agreement and execute the designation form.
4. Authorize the City Manager to issue payment of $5,000 for membership and administrative costs in the Eastern San Joaquin Groundwater Authority Joint Exercise of Powers Agreement.
It is further recommended that the City Manager be authorized to take all appropriate actions to carry out the purpose and intent of this motion including future modifications and amendments to the Joint Exercise of Powers Agreement.
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Summary
The Sustainable Groundwater Management Act (SGMA) signed into law in 2014, requires local or regional management of groundwater resources directed under the new responsibility of a Groundwater Sustainability Agency (GSA). The City of Stockton (City) filed with the State of California, Department of Water Resources (State) to become a GSA within the Eastern San Joaquin Groundwater Sub-basin (Basin) pursuant to City Council authorization in December 2015 and May 2017. The City is only one of multiple agencies filing to become a GSA for its respective portion of the Basin. The various agencies resolved overlapping boundary issues and propose to form a Joint Powers Authority to coordinate the management of the various GSAs within the Basin. The mission of the Eastern San Joaquin Groundwater Authority (Authority) is to provide a dynamic, cost-effective, flexible, and collegial organization to ensure SGMA compliance. The initial purpose of participation in the Authority is to ensure the City’s interests are represented in development of the Basin’s existing groundwater conditions as well as how future groundwater resources of the City are managed as required by the SGMA.
Prior to the Authority being established, the City participated in the Eastern San Joaquin County Groundwater Basin Authority (GBA) for many years. The GBA has been the venue for the initial SGMA discussions, and consolidation of the GBA and new authority is anticipated. It is recommended that the current GBA Council appointments continue as the appointments to the new Authority.
If approved, this action will approve a resolution to: 1) approve the election to join and participate in the Authority pursuant to a Joint Exercise of Powers Agreement (JPA); 2) authorize execution of the JPA to include future amendments, on behalf of the City of Stockton (Exhibit 1 to the Resolution); 3) appoint City of Stockton representatives to the Board of Directors and execute the designation form (Exhibit 2 to the Resolution); and 4) authorize the City Manager to issue payment of $5,000 for Authority membership administrative costs.
DISCUSSION
Background
The SGMA was signed into law on September 16, 2014, to establish guidelines for sustainable groundwater management statewide. It defined sustainable groundwater management in general as the management of groundwater to eliminate overdraft problems through more balanced pumping and recharge. The SGMA also provides for local or regional management of groundwater resources to meet sustainable groundwater goals. The legislation requires that medium- and high-priority basins as well as basins in various stages of overdraft, form GSAs by June 30, 2017 and adopt Groundwater Sustainability Plans (GSPs) within 5-7 years. The GSPs will provide detailed physical descriptions, monitoring, and management provisions and describe interaction with other groundwater sustainability plans to demonstrate SGMA compliance. The GSP must indicate a path to groundwater sustainability within 20 years of adoption.
The City Council directed staff to file with the State as a GSA in December 2015. This filing was recently updated in May 2017. The City is only one of multiple agencies filing to become a GSA for its respective portion of the Basin which will require coordination with other area agencies. This coordinated effort will result in involvement in one of the State’s high-priority basins. In addition, the City has been an active member of the Eastern San Joaquin Region Sustainable Groundwater Management Act Work Group (Work Group) since its inception in 2015. The Work Group coordinated Basin GSAs to address the following: resolution of boundary overlap issues, agreement on a basin-wide GSA boundary map (Attachment A), development of the Authority in coordination with the JPA to guide the development of a single Basin-wide GSP with multiple GSAs, and the beginning of collecting data for groundwater monitoring.
Present Situation
The dynamic interaction of groundwater within the Basin is independent of local agency boundaries and therefore must be coordinated accordingly. It is extremely important for the City to participate in the larger regional discussion of groundwater management to ensure both regional sustainability and City interests are represented. Basin GSAs such as San Joaquin County, Stockton East Water District, and others are proposing to form the Authority to coordinate with the local GSAs in the Basin. The mission of the Authority is to provide a dynamic, cost-effective, flexible, and collegial organization to insure initial and ongoing SGMA compliance. This membership will allow for individual GSAs to take part and be represented in the Basin GSP. The Basin GSP will outline existing groundwater conditions and detail how the various sub-areas, such as the City, can be managed differently without causing undesirable results such as groundwater overdraft. It is imperative the City is a participatory agency in these groundwater resources decisions.
Due to the relatively recent development of the SGMA and the expectation of future legislative revisions from the State, requirements may evolve over time. Staff anticipates that future modifications of the Authority may occur which may result in future amendments to the JPA in areas such as: the bylaws, voting structure, membership, and funding. Future input from the City Council may be needed as requirements and obligations of SGMA are also updated. As outlined in the JPA, if in the future the direction of the Authority is not consistent with City goals and principles, the City may elect to unilaterally withdraw from the Authority and the JPA.
Actions by the City to date are compliant with SGMA requirements. However, a delay in GSA and GSP development could result in possible State intervention in the local management of the Basin.
The City has been a part of the GBA for several years along with neighboring agencies to develop locally supported groundwater projects to strengthen water supply reliability in eastern San Joaquin County. The GBA has been the venue in which the initial regional SGMA discussions have taken place and it is anticipated to consolidate with the new Authority. Currently, Vice-Mayor Holman serves as the Vice-Chairman of the GBA Board of Directors. Councilmember Loftus serves as an alternate and the MUD Director as second alternate. Because of the contemplated consolidation of the GBA and the Authority, it is recommended that the current GBA representatives be appointed as the representatives for the new Authority. Vice-Mayor Holman would continue to serve as the representative for the City’s groundwater matters and be appointed as the designee to the Authority with Councilmember Loftus serving as the first alternate. In addition, it is recommended to appoint the City Manager or designee as the second alternate.
The staff recommendation to execute the JPA went before the Water Advisory Group and Council Water Committee on May 31, 2017, and June 8, 2017, respectively.
If approved, this action will approve a resolution to: 1) approve the election to join and participate in the Authority pursuant to the JPA; 2) authorize execution of the Eastern San Joaquin Grooundwater Authority JPA and future amendments on behalf of the City (Exhibit 1 to the Resolution); 3) appoint City of Stockton representatives to the Board of Directors and execute the designation form (Exhibit 2 to the Resolution); and 4) authorize the City Manager to issue payment of $5,000 for Authority membership administrative costs.
FINANCIAL SUMMARY
The initial financial contributions from the Authority membership will be $5,000 for administrative costs. Funds for this contribution are available in account 421-4210-572. (Water Resources). Future Authority contributions will be budgeted annually in the Water Fund.
There is no impact to the General Fund, or any other unrestricted fund, from this action.
Attachment A - GSA Boundary Map