EXHIBIT 18-D

DRAFT

FINDINGS OF APPROVAL

CONSIDER REQUEST FOR WATER FROM DISTRICT RESERVE AND DELAY OF PAYMENT OF CAPACITY FEES FOR NON-PROFIT PUBLIC BENEFIT PROJECTS – CASA DE NOCHE BUENA, 1292 OLYMPIA AVENUE, SEASIDE, AND SHUMAN HEARTHOUSE, 600 FRANKLIN STREET, MONTEREY

September 19, 2022

It is hereby found and determined as follows:

1. FINDING: Community Human Services (CHS), a 501(c)(3) California Non-Profit Public Benefit Corporation, requested Board approval of water from the District Reserve Allocation and to delay payment of fees for two Intensification of Use Water Permits that will result in an increase in Capacity of 0.215 Acre-Foot (AF) at 600 Franklin Street in Monterey, and an increase in Capacity of 0.178 AF at 1292 Olympia Avenue in Seaside. Both Sites will provide shelter services for the community.

EVIDENCE: Letter from CHS dated September 8, 2022, attached as Exhibit 18-A that describes the shelter projects.

2. FINDING: District Rule 24-H-2 allows the Board, on a case-by-case basis, to defer payment for projects undertaken by California Non-Profit Public Benefit Corporations when there is the presence of substantial financial hardship to the project proponent.

EVIDENCE: Letter from CHS dated September 8, 2022, attached as Exhibit 18-A and District Rule 24-H-2 attached as Exhibit 18-B.

3. FINDING: The applicants (Exhibit 18-A) state that substantial hardship would occur by requiring payment of the Capacity Fees.

EVIDENCE: The applicants have stated that the project would present a substantial financial hardship that could negatively affect the ability to provide necessary services.

4. FINDING: Deferred Capacity Fees, along with interest, shall be paid in full in the event project ownership or occupancy is transferred to any entity other than a California Non-Profit Public Benefit Corporation.

EVIDENCE: Rule 24-H-2 attached as Exhibit 18-B.

5. FINDING: When a delay in payment of Capacity Fees is approved by the Board, the Board must set an interest rate for the deferred fees. The Board approved this request and set an interest rate of 4 percent.

EVIDENCE: Minutes of the September 19, 2022, MPWMD Board meeting.

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