ITEM:		PUBLIC HEARINGS
19.	Consider ADOPTION OF MEMORANDUM OF AGREEMENT BETWEEN MPWMD AND THE MONTEREY REGIONAL WATER POLLUTION CONTROl AGENCY REGARDING COOPERATIVE EFFORTS FOR DEVELOPMENT OF WATER SUPPLY PROJECTS
Meeting Date:			January 29, 2009	Budgeted:	N/A
From:			Darby Fuerst,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Darby Fuerst	Cost Estimate:	N/A
General Counsel Approval: Approved
Committee Recommendation: Recommendation for approval from Ad Hoc Water Supply Planning Committee
CEQA Compliance: N/A

SUMMARY: This item calls for consideration a Memorandum of Agreement (MOA) between Monterey Regional Water Pollution Control Agency (MRWPCA) and Monterey Peninsula Water Management District (MPWMD), as directed by the governing board of each public agency. The MOA would minimize conflicts between the two agencies, encourage cooperation, minimize duplication of effort, and ensure effective use of public funds.

RECOMMENDATION: Staff recommends that the Board consider and adopt the proposed MOA with MRWPCA regarding cooperative efforts to develop water supply projects in the Monterey Peninsula area.

BACKGROUND: During December 2008, staff and District Counsel met with their counterparts at the MRWPCA to prepare a MOA between MRWPCA and MPWMD regarding cooperative efforts to develop water supply projects in the Monterey Peninsula area (Exhibit 19-A) for presentation and review by committees for these two agencies. This effort was initiated at the direction of each body at their earlier joint meeting.

Both these public agencies have overlapping territory and exercise similar powers with respect to areas of respective responsibility. The MOA would minimize conflicts that might otherwise occur, and encourage cooperation to ensure efforts are not inappropriately duplicated, and that public funds are effectively used. The MOA was modeled, in part, upon prior agreements that have been executed by MPWMD with the Monterey County Water Resources Agency (MCWRA) and the Pajaro Valley Water Management Agency (PVWMA).

The MOA does not impair the unique authority of either agency. MRWPCA owns and operates its wastewater collection and tertiary wastewater treatment plant, and MPWMD has sole responsibility for integrated management of water resources in the Monterey Peninsula area.

The key principles of the MOA call for MRWPCA and MPWMD to both cooperate in all matters in which a joint interest may exist to the maximum extent feasible. To accomplish this, each agency is to provide the other with its board meeting agendas, and copies of other reports or documents of interest. The managers of the two agencies are to regularly meet to discuss matters of common interest, and the governing bodies of the two agencies are to hold joint meetings as needed.

As for water projects, neither agency is to undertake a project in the territory of other agency without first advising and consulting with that agency in advance.

It is anticipated that the two agencies will develop and approve a further Joint Memorandum of Understanding (MOU) by March 31, 2009, that would outline key provisions needed for a more detailed agreement to better achieve their mutual needs. This would include consideration of a funding assistance plan to help advance the MRWPCA Groundwater Replenishment Project.

The MOA ends on December 31, 2013, unless it is extended in writing. It may be cancelled by one party at any time before that date with a thirty (30) day notice to the other. The MOA is drafted so that it will not affect either agency’s revenue, tax, or financing activities. Any dispute concerning interpretation or application of the MOA is to be resolved by meet and confer sessions by staff, then the joint boards, and if not resolved at those levels by advisory mediation conducted by the State Mediation and Consultation Service, or similar agency.

The District’s Ad Hoc Water Supply Planning Committee reviewed the MOA on January 9, 2009, and recommended adoption.

IMPACT TO DISTRICT STAFF/RESOURCES: The MOA may result in increased costs for copies, but this is likely to be offset by savings accruing from minimized conflicts and reduced duplication of effort. Increased effort will be required by planned meetings between the managers of the two agencies, possible joint meetings of the governing bodies, and negotiation of the anticipated further MOU by March 31, 2009, to provisions for a more detailed agreement, including a funding assistance plan to help advance the MRWPCA Groundwater Replenishment Project.

EXHIBIT

19-A Memorandum of Agreement Between the Monterey Regional Water Pollution Control Agency and the Monterey Peninsula Water Management District

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