To: BOARD OF SUPERVISORS
From: Supervisor McGourty and County Counsel
Meeting Date: September 10, 2024
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Department Contact: |
Supervisor McGourty |
Phone: |
707-463-4441 |
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Department Contact: |
Charlotte Scott |
Phone: |
707-234-6885 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 15 Minutes |
Agenda Title:
title
Discussion and Possible Action Including Approval of Execution of Inland Water and Power Commission (IWPC) Joint Prosecution and Common Interest Agreement Regarding PG&E’s Surrender and Transfer of Potter Valley Project
(Sponsors: Supervisor McGourty and County Counsel)
End
Recommended Action/Motion:
recommendation
Approve execution of IWPC Joint Prosecution and Common Interest Agreement regarding PG&E surrender and transfer of Potter Valley Project; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
None.
Summary of Request:
The County of Mendocino is a member of a JPA, the Mendocino County Inland Water and Power Commission (IWPC). The IWPC and its member agencies, including the County of Mendocino are engaged in discussions with various stakeholders and state and federal agencies PG&E’s surrender of the Potter Valley Project. The County is informed that the other member agencies, including the City of Ukiah, have approved execution of the attached IWPC Joint Prosecution and Common Interest Agreement. The Common Interest is identified as working together to successfully secure the continued diversion of Eel River water to the Russian River through the Potter Valley Project, or components thereof. The Agreement further explains that the shared common interest includes discussions about transfer of the Project, including associated water rights, diversion and conveyance facilities, and impoundment facilities. The ability to freely share data, reports, studies, communications, and memoranda, and to coordinate efforts related to the Project, its associated assets, components and facilities and the surrender of the Project, without waiving any privilege or confidentiality will be enhanced by the member agencies’ experts’ and legal counsel’s abilities to communicate about these matters. The purpose of this Agreement is to allow member agencies to authorize the sharing of otherwise confidential or privileged information with each other without waiving the confidentiality and privilege of the same. Nothing in this Agreement requires the County (or other member agencies) to share specific information and nothing in this agreement makes otherwise public information confidential or privileged. In the event any of the member agencies are subject to a bona fide requirement by law, regulation, request for public information, subpoena etc. to disclose any common interest material, the parties agree to communicate their decision to disclose common interest material to the other parties. The County (and other member agencies) can withdraw from the Agreement but must continue to protect and/or return any common interest material.
Alternative Action/Motion:
1. Authorize Chair to execute the IWPC Joint Prosecution and Common Interest Agreement
2. Do not authorize execution.
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: All
Vote Requirement: Majority
Supplemental Information Available Online At: <https://mendoiwpc.com>
Fiscal Details:
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source of funding: N/A |
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current f/y cost: N/A |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Executive Office
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Approved |
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Date: September 10, 2024 |
Executed Item Type: Interim Agreement |
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Number: *24-160 |
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