County of Monterey - File #: ORD 22-025

• File #: ORD 22-025
• Name: REF- 220006 Desalination Ordinance Project Update
• Type: Ordinance
• Status: Scheduled PM
• File created: 5/27/2022
• In control: Board of Supervisors
• On agenda: 6/7/2022
• Final action: 6/7/2022
• Title: REF220006 DESALINIZATION TREATMENT FACILITY a. Set June 21, 2022 at 10:30 a.m. as the date and time to consider finding that an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility would not have a significant effect on the environment and consider adoption of a Negative Declaration; and b. Introduce, waive first reading, and set June 21, 2022 at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility; and c. Provide direction to staff as appropriate.

Date	Action By	Action	Result
6/7/2022	Board of Supervisors	approved	Pass

Title
REF220006 DESALINIZATION TREATMENT FACILITY
a. Set June 21, 2022 at 10:30 a.m. as the date and time to consider finding that an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility would not have a significant effect on the environment and consider adoption of a Negative Declaration; and
b. Introduce, waive first reading, and set June 21, 2022 at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility; and
c. Provide direction to staff as appropriate.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Set June 21, 2022 at 10:30 a.m. as the date and time to consider finding that an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility would not have a significant effect on the environment and consider adoption of a Negative Declaration; and
b. Introduce, waive first reading, and set June 21, 2022 at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility; and
c. Provide direction to staff as appropriate.

SUMMARY/DISCUSSION:
Chapter 10.72 of the Monterey County Code addresses the construction, ownership and operation of a desalinization treatment facility. The applicable provisions of Chapter 10.72 relating to ownership and operation of desalinization treatment facilities by a "public entity" are ambiguous and subject to interpretation. On March 20, 2018, the Board referred the matter to staff, requesting that Chapter 10.72 of the County Code that regulates desalinization facilities be modified to allow development of regional facilities thro...