File #: A 19-374    Name: Consider adoption of a Resolution to: a. Approve an Amended Memorandum of Understanding (MOU) for Integrated Regional Water Management in the Monterey Peninsula, Carmel Bay, and South Monterey Bay Region adding Monterey County to the Regional Water Manag
Type: BoS Agreement Status: Passed - RMA Administration
File created: 10/3/2019 In control: Board of Supervisors
On agenda: 11/5/2019 Final action: 11/5/2019
Title: Consider adoption of a Resolution to: a. Approve an Amended Memorandum of Understanding for Integrated Regional Water Management in the Monterey Peninsula, Carmel Bay, and South Monterey Bay Region, substantially as to form, adding Monterey County to the Regional Water Management Group; and b. Authorize the Resource Management Agency Director to execute the amended Memorandum of Understanding.
Attachments: 1. Board Report, 2. Attachment A-Draft Resolution, 3. Attachment B-10-31-18 Letter of Request to Join RWMG, 4. Attachment C- Amended MOU for IRWM dated September 2019, 5. Completed Board Order and Resolution Item No. 70

Title

Consider adoption of a Resolution to:

a.  Approve an Amended Memorandum of Understanding for Integrated Regional Water Management in the Monterey Peninsula, Carmel Bay, and South Monterey Bay Region, substantially as to form, adding Monterey County to the Regional Water Management Group; and

b.  Authorize the Resource Management Agency Director to execute the amended Memorandum of Understanding.

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors adopt a Resolution to:

a.  Approve an Amended Memorandum of Understanding for Integrated Regional Water Management in the Monterey Peninsula, Carmel Bay, and South Monterey Bay Region, substantially as to form, adding Monterey County to the Regional Water Management Group; and

b.  Authorize the Resource Management Agency Director to execute the amended Memorandum of Understanding.

 

SUMMARY:

A Regional Water Management Group (RWMG) for the Monterey Peninsula, Carmel Bay, and South Monterey Bay region (Region) was formed in 2008.  To formalize the formation, five entities, Big Sur Land Trust, City of Monterey, Monterey One Water, Monterey County Water Resources Agency, and Monterey Peninsula Water Management District (MPWMD), entered into a Memorandum of Understanding (MOU) to develop and implement an Integrated Regional Water Management Plan (IRWMP) to increase coordination, collaboration, and communication for comprehensive management of water resources in the cities and unincorporated portions of the Region.

 

The County’s role as the lead agency on the Salinas Valley Groundwater Basin Investigation, coupled with its ongoing active participation in multiple groups focused on solving the region’s water supply and water quality challenges, e.g., the Greater Monterey Bay IRWMP, the Salinas Valley Basin Groundwater Sustainability Agency, Monterey Regional Stormwater Management Programs, and Monterey Peninsula Regional Water Authority, align with required stakeholder qualifications outlined in Section 6.12 of the amended RWMG MOU.  Monterey County Resource Management Agency (RMA), on behalf of Monterey County, wishes to participate in the Integrated Regional Water Management (IRWM) for the Region and requests that the Board of Supervisors adopt a resolution (Attachment A) to approve the amended MOU, substantially as to form, and authorize the RMA Director to execute the amended MOU to join this RWMG.  Inclusion in the RWMG will allow the County to apply for future grant funding through the State IRWM Grant Program.

 

 

DISCUSSION:

In 2002, the California Legislature enacted Division 6, Part 2.2, of the California Water Code (CWC), known as the Integrated Regional Water Management (IRWM) Planning Act.  Following its implementation, a statewide initiative was launched by the State’s water and resource agencies to foster IRWM planning and encourage local public, non-profit, and private (for profit) entities to define planning regions appropriate for managing water resources and to integrate strategies within these planning regions.  Also, in 2002, Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act, was passed by California voters resulting in an amendment to the CWC authorizing the State Legislature to appropriate funds for IRWM projects.  Since then, the State Legislature has appropriated additional funding for competitive grants for IRWM projects following voter approval in 2006 of Propositions 84 and 1E and Proposition 1 in 2014.  The State requires a formally adopted IRWMP for an entity to be eligible to apply for grant funds to implement projects.

 

In 2005, MPWMD defined a local geographic planning area, or Region, and began developing an IRWMP that encompassed the groundwater basins and watersheds of the Region.  In 2006, MPWMD was awarded a grant by the State Department of Water Resources (DWR) to complete an IRMWP for the Region.  The Region’s initial IRWMP was completed and formally adopted in late 2007.

 

A further requirement of the State’s IRWM planning process is the establishment of a local governing body, or “RWMG,” to oversee the development and implementation of the IRWMP within the respective planning area.  The RWMG is also responsible for the development and implementation of projects consistent with the guidelines set by the State.  In conformance with IRWM program guidelines, an initial MOU was executed on July 22, 2008, to form a RWMG for the Region.  The MOU recognized a mutual understanding among the five (5) founding member entities regarding their joint efforts toward IRWM planning. 

 

In 2011 and 2012, this MOU was amended to allow two (2) additional agencies, Marina Coast Water District and the Resource Conservation District of Monterey County respectively, to join the RWMG.  In 2014, RWMG completed an update of the 2007 IRWMP in accordance with new governance, project solicitation, and ranking and in compliance with revised DWR guidelines.

 

In early 2018, after a five- (5-) year hiatus since completing the IRWMP Update, the RWMG resumed its regular meetings in anticipation of DWR IRWM grant funding slated for availability in 2019.  As part of the IRWMP Update and project solicitation for upcoming IRWM grant funding, RWMG found it timely to provide an opportunity for additional stakeholders to join the RWMG and to sign the amended MOU.  In September 2018, prospective members were asked to provide a formal letter of request to join the RWMG, pursuant to the MOU’s mutual understanding, which states:

 

6.12   Participation in Regional Water Management Group (RWMG). Any qualified stakeholder may petition to become a member of the RWMG.  A qualified stakeholder must demonstrate the following: a) an interest, responsibility or authority over multiple resources within the region; or b) a unique interest, responsibility, authority, or asset not shared by any other entity within the RWMG. The RWMG shall consider such a request for a change to the RWMG and shall vote by majority to accept or reject the request.

 

On October 31, 2018, RMA submitted a letter of interest to the RWMG on behalf of Monterey County (Attachment B).  Nine (9) entities (including RMA) provided letters requesting to join the RWMG.  RWMG has provided an amended MOU to add these nine (9) entities as members, increasing the total member entities to sixteen (16).  To finalize the membership, prospective members are required to submit evidence of approval of the amended MOU (Attachment C) by their respective governing bodies through resolution.

 

OTHER AGENCY INVOLVEMENT:

With the full execution of the amended RWMG MOU, dated September 2019, the following entities will join the RWMG:  California State University-Monterey Bay, Carmel Area Wastewater District, Carmel River Watershed Conservancy, Carmel Valley Association, City of Carmel-by-the-Sea, City of Del Rey Oaks, City of Seaside, City of Sand City, and County of Monterey.  The Office of the County Counsel has approved the amended MOU, dated September 2019, as to form and legality.

 

In 2016, the six Central Coast IRWM funding regions entered into a Memorandum of Agreement to share $43 Million in Proposition 1 funding in a fair, equitable manner (proportional amount determined by population and total acreage of the planning area).  This agreement was reached in part to reduce competing against each other for grant funds which created unnecessary economic inefficiencies in implementing each Planning Region’s IRWMP.  As a result, the Monterey Peninsula, Carmel Bay and South Monterey Bay IRWM funding area is slated to receive approximately $4.2 Million in Proposition 1 IRWM funding, including ten percent (10%) for Disadvantaged Community (DAC) Involvement and ten percent (10%) for DAC Projects.

 

FINANCING:

RWMG members are not required to make any financial contribution to the IRWM program.  Members may vote on the project prioritization for available IRWM grant funding. RMA staff time to attend quarterly meetings and to prepare project proposals for grant funding and related reports is funded as part of the FY 2019-20 Adopted Budget for the RMA, Fund 001, Appropriation Unit RMA013. 

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Approval of the recommended action promotes the Board of Supervisors Strategic Initiatives for Economic Development, Administration, and Infrastructure through the County’s active participation in planning and implementation efforts for comprehensive management of water resources in the Region.

 

X      Economic Development

X      Administration

__     Health & Human Services

X     Infrastructure

__     Public Safety

 

Prepared by:    Karina Bokanovich, Management Analyst I (831) 796-3009

Reviewed by:  Dan Bertoldi, Management Analyst III

Reviewed by:  Melanie Beretti, Property Administration/Special Programs Manager

Approved by:  Shawne Ellerbee, RMA Deputy Director of Administrative Services

Approved by:  Carl P. Holm, AICP, RMA Director

 

Attachments:

Attachment A-Draft Resolution

Attachment B-10/31/18 RMA Letter of Request to Join RWMG

Attachment C-Amended MOU for Integrated Regional Water Management, September 2019

(Attachments are on file with Clerk of the Board)