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File #: 20-1045    Version: 1 Name:
Type: Approval Status: Consent Agenda
File created: 10/26/2020 In control: Water Agency
On agenda: 11/3/2020 Final action:
Title: Approval of the Second Amended Planning Agreement for the Potter Valley Project Planning
Attachments: 1. Second Amended Planning Agreement (Signature Copy)(10-21-2020)
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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To:  Board of Supervisors

FromSupervisor Brown Supervisor McCowen

Meeting DateNovember 3, 2020

 

Department Contact:  

Supervisor Carre Brown

Phone: 

463-4221

Department Contact:  

Supervisor John McCowen

Phone: 

463-4221

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Approval of the Second Amended Planning Agreement for the Potter Valley Project Planning

End

 

Recommended Action/Motion:

recommendation

Approve the Second Amended Planning Agreement for the Potter Valley Project Planning Group.

End

 

 Previous Board/Board Committee Actions:

On August 7, 2018, the Mendocino County Water Agency Board of Directors affirmed their support for the purchase of the Potter Valley Project and appointed Water Agency Directors McCowen and Brown to an Ad Hoc Committee to work with PG&E and other government entities and stakeholders regarding the Potter Valley Project sale. On October 16, 2018, the Board of Supervisors approved the allocation of $25,000 to IWPC for the investigation and negotiation of potential acquisition of the Potter Valley Project. On May 14, 2019, the Board approved the allocation of $50,000 to IWPC for a feasibility study of a potential licensing proposal for the Potter Valley Project. On March 25, 2020, the approved allocation of $25,000 to IWPC to continue the feasibility study of a Potential Licensing Proposal for the Potter Valley Project and other related costs.                     

 

Summary of Request

This Second Amended Planning Agreement (attachment) is among California Trout, Inc., Mendocino County Inland Water and Power Commission, Sonoma County Water Agency, the County of Humboldt, and the Round Valley Indian Tribes (collectively, Parties and singularly, Party). The Parties enter into this Second Amended Planning Agreement to continue their collaborative efforts toward obtaining a new license for the Project that advances the Two-Basin Solution, and to establish operating protocols for those efforts.

 

As for the 2nd Amended Planning Agreement, the main changes with this document are:

(1) The Planning Agreement as it stood was focused on conducting the Feasibility Study. Since the Planning Group has passed that stage, it seemed important to update the Planning Agreement to reflect where the process is now;

(2)  the 2nd Amended Planning Agreement also incorporates the list of items needed to be worked out in the Cooperative Agreement; and

(3) the portions of the MOU for how the Planning Group would implement the Feasibility Study, including the decision rule were incorporated into this new 2nd Amended Planning Agreement.

 

Essentially, it updates the Planning Agreement to reflect where the Planning Group is now, and incorporates those other two documents to one document for approval, rather than three separate ones, therefore, everything are in the same agreement, except the Cost Sharing MOU. 

 

All participating agencies of the Mendocino County Inland Water and Power Commission (MCIWPC), including the Mendocino County Water Agency, must review and approve the Second Amended Planning Agreement before the document can be signed and executed by the chair of the MCIWPC.

 

Alternative Action/Motion:

Do not approve.                     

 

Supervisorial District:  District 1, 2 and 5

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: No

 budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Sarah Dukett, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk I

Final Status:Approved

Date: November 4, 2020