Title
Approve Amendment No. 3 to the Memorandum of Understanding Regarding Source Waters and Water Recycling, dated 8 October 2014, extending its term to not later than December 31, 2015; and, request the Chair of the Monterey County Water Resources Agency Board of Supervisors to execute Amendment No. 3 to the Memorandum of Understanding Regarding Source Waters and Water Recycling.
Report
RECOMMENDATION:
It is recommended that the Monterey County Water Resources Agency Board of Supervisors:
Approve Amendment No. 3 to the Memorandum of Understanding Regarding Source Waters and Water Recycling, dated 8 October 2014, extending its term to not later than December 31, 2015; and, request the Chair of the Monterey County Water Resources Agency Board of Supervisors to execute Amendment No. 3 to the Memorandum of Understanding Regarding Source Waters and Water Recycling.
SUMMARY/DISCUSSION:
Negotiations for a Definitive Agreement as contemplated in the Memorandum of Understanding (“MOU”) Regarding Source Waters and Water Recycling by and between Monterey Regional Water Pollution Control Agency (“PCA”), the Monterey County Water Resources Agency (“WRA”), the City of Salinas, the Marina Coast Water District (“MCWD”) and Monterey Peninsula Water Management District (“WMD”) (collectively the “Parties”) require additional time.
This proposed Amendment No. 3to the MOU extends its term to not later than December 31, 2015. The MOU called for negotiation of a Definitive Agreement among the Parties on or before March 31, 2015 to provide the following:
• Reaffirmation by PCA of MCWD’s recycled water right entitlement;
• WRA to be supplied recycled water in a minimum volume -
o Equal to the volume of wastewater flows from all existing PCA members,
o Plus treated waters from additional “incremental” and interruptible sources;
• PCA will have a firm volume of water for its proposed Groundwater Replenishment (“GWR”) Project; and,
• Accounting protocols to be established by a separate written agreement between PCA and WRA.
Projected water amounts proposed to be made available are:
• 4,320 acre-ft. for GWR Project in Phase I;
• 4,381 acre-ft. for CSIP Area in Phase I;
• 4,665 acre-ft. for CSIP Area in Phase II; and,
• A drought reserve @ 200 AFY.
Amendment No. 1, approved by the Agency Board of Directors and the Agency Board of Supervisors on March 24, 2015, extended the March 31, 2015 date in the MOU for negotiation of a Definitive Agreement to June 30, 2015.
Amendment No. 2, approved by the Agency Board of Directors and Agency Board of Supervisors extended the June 30, 2015 date for negotiations of a Definitive Agreement to September 30, 2015.
OTHER AGENCY INVOLVEMENT:
The Monterey County Water Resources Agency Board of Directors approved Amendment No. 3 on September 28, 2015 during its regular Board of Directors meeting.
Other involved agencies include PCA, City of Salinas, MCWD and WMD. County Counsel participates in the Definitive Agreement negotiations.
FINANCING:
There are no additional costs associated with this extension recommendation. There is no impact to the General Fund.
Prepared &
Approved by:
David E. Chardavoyne, General Manager, (831) 755-4860
Attachments:
1. Amendment No. 3 to the Memorandum of Understanding Regarding Source Waters and Water Recycling, dated 8 October 2014
2. Amendment No. 2 to the Memorandum of Understanding Regarding Source Waters and Water Recycling, dated 8 October 2014_Executed
3. WRA BOS Executed Board Order - Amendment No. 1 to the Memorandum of Understanding Regarding Source Waters and Water Recycling, dated 8 October 2014
4. Memorandum of Understanding Regarding Source Waters and Water Recycling, dated 8 October 2014
5. MCWRA Executed Board Order