Consider adoption of memorandum of agreement with marina coast water district regarding inter-agency communication and cooperation


Meeting Date:

September 21, 2009





Darby Fuerst,




General Manager

Line Item No.:




Prepared By:

Darby Fuerst

Cost Estimate:



General Counsel Review:  Approved

Committee Recommendation:  The Administrative Committee reviewed this item on September 15, 2009 and recommended approval.

CEQA Compliance:  N/A


SUMMARY:  This item calls for consideration of a Memorandum of Agreement (MOA) between Marina Coast Water District (MCWD) and Monterey Peninsula Water Management District (MPWMD).  The MOA (Exhibit 2-A) would facilitate cooperation between the two agencies and encourage governmental effectiveness and efficiency.  The MOA was approved unanimously by the MCWD Board on August 11, 2009.  


RECOMMENDATION:  Staff recommends that the Board consider and adopt the proposed MOA with MCWD regarding inter-agency communication and cooperation.


BACKGROUND:  MPWMD and MCWD both have overlapping jurisdiction 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), the Pajaro Valley Water Management Agency (PVWMA), and the Monterey Regional Water Pollution Control Agency (MRWPCA).


The MOA does not impair the unique authority of either agency.  MCWD is a County Water District that provides water and wastewater services within its service area, and MPWMD has sole responsibility for integrated management of water resources in the Monterey Peninsula area.


The key principles of the MOA call for MCWD 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.

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 MOA is consistent with the District’s Ad Hoc Water Supply Planning Committee revised charge and direction on January 9, 2009, to work with MCWD staff to develop a joint MOA.


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. 



2-A      Memorandum of Agreement between the Marina Coast Water District and the Monterey Peninsula Water Management District