GSA legal counsel outlines upcoming JPA amendments to replace Upper Russian River Water Agency with Ukiah Valley Water Authority

2095741 · January 2, 2025

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Summary

Legal counsel briefed the board that the Upper Russian River Water Agency is disbanding and that the GSA's joint powers agreement will need simultaneous amendments to remove that member and add the Ukiah Valley Water Authority; counsel outlined timing constraints, including a 60-day withdrawal notice requirement.

Legal counsel informed the board that the Upper Russian River Water Agency (URRWA) is disbanding and that the GSA's joint powers agreement (JPA) will need amending to reflect membership changes.

Counsel explained that the plan is to remove URRWA from the JPA and simultaneously add the Ukiah Valley Water Authority as a member so the board composition and member representation remain aligned. Counsel said the JPA requires a 60-day notice for a member to withdraw; obtaining that notice from URRWA would allow the board to amend the JPA in time for the next board meeting if the parties meet the timelines.

The proposed amendments also dovetail with the board's plan to permit the City of Ukiah or any member agency to serve as treasurer/controller for the GSA, an administrative change the board discussed during the administrative-services contract debate.

Directors raised governance concerns about representation and cautioned against giving any single member excessive influence. Director McDonough suggested language to prevent the City of Ukiah from occupying both a board seat and the treasurer/controller role in a way that would result in disproportionate influence. Several directors asked staff to consider constraints in JPA language to preserve balanced representation.

No final amendment was adopted at this meeting; counsel said staff would work with affected agencies to prepare draft JPA amendments for an upcoming meeting and requested that member agencies provide the required withdrawal notices if appropriate.