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ITEM: |
CONSENT CALENDAR |
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4. |
CONSIDER ADOPTION OF MEMORANDUM OF UNDERSTANDING REGARDING
THE |
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Meeting Date: |
September 21, 2009 |
Budgeted: |
N/A |
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From: |
Darby Fuerst, |
Program/ |
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General Manager |
Line Item No.: |
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Prepared By: |
Larry Hampson |
Cost Estimate: |
N/A |
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General Counsel Review: N/A |
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Committee
Recommendation: The Administrative
Committee reviewed this item on September 15, 2009 and recommended approval. |
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CEQA Compliance: N/A |
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SUMMARY: California American Water (CAW) recently requested that the District review and comment on a draft “Memorandum of Understanding Regarding River Reroute and Dam Removal, San Clemente Dam, Carmel River, Monterey County, California” (MOU). A copy of the draft MOU with MPWMD staff-recommended changes is attached as Exhibit 4-A (this version was sent to CAW on September 8, 2009). The purpose of the MOU is to formalize the commitment of resources from several agencies, including MPWMD to 1) develop an implementation strategy for the River Reroute and Dam Removal Project (Reroute Project); 2) complete studies of risks and long term management costs for either the Reroute Project or the buttressing of San Clemente Dam; and 3) while the MOU is in effect, establish a policy of prosecutorial discretion by Federal and State agencies involved in regulating CAW. The MOU calls for quarterly meetings of the signatories to keep focus on the project and ensure timely communications. It is expected that one or two MPWMD staff would be required at each meeting.
If this item is adopted as part
of the Consent Calendar, the General Manager will be authorized to enter into a
Memorandum of Understanding regarding the
Carmel River Reroute and San Clemente Dam Removal Project.
RECOMMENDATION: Staff recommends that the Board:
1. Authorize the General Manager to make minor
modifications, if necessary to accommodate requests made by the signatories to
the draft MOU presented to the Board if the changes do not significantly revise
the operative parts of the agreement.
2. Authorize the General Manager to sign the final MOU on behalf of MPWMD.
BACKGROUND: The Board considered a request from the
Carmel River Watershed Conservancy (CRWC) to support the Carmel River Reroute
and San Clemente Dam Removal Project at its March 26, 2009 meeting. As indicated in the minutes, staff was
authorized to contact organizations specified in the staff report (CAW,
California Coastal Conservancy, National Marine Fisheries Service, and CRWC) to
offer the District’s assistance in facilitating a discussion on the San
Clemente Dam Removal Project. Subsequently,
Michael Chrisman, the Secretary of Natural Resources for the State of
As a result of the meeting, CAW and the Coastal Conservancy prepared an initial draft of a Memorandum of Understanding for consideration by several of the parties in attendance at the July 26, 2009 meeting, including MPWMD. CAW requested comments by September 8, 2009 and proposes to finalize the MOU by September 15, 2009. Quarterly meetings are expected to commence in October 2009.
IMPACT TO STAFF/RESOURCES
It is estimated that one or two MPWMD staff (depending on need) would be required to spend two days per quarter to prepare and attend meetings. Should a reprioritization of staff resources be necessary to complete work described in the MOU, staff may seek additional Board guidance.
EXHIBITS
4-A Memorandum of Understanding Regarding the Carmel River Reroute and San Clemente Dam Removal Project
U:\staff\word\boardpacket\2009\20090921\ConsentCal\04\item4.doc