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WATER DEMAND COMMMITTEE |
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ITEM: |
ACTION ITEM |
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2. |
CONSIDER RECOMMENDATION TO BOARD ON FIRST
READING OF ORDINANCE NO. 187, ESTABLISHING A WATER USE CREDIT PROCESS FOR DEPARTMENT
OF DEFENSE SITES AND AUTHORIZING THE GENERAL MANAGER TO EXTEND WATER USE CREDITS
FOR ONE YEAR FOR JUSTIFIABLE CAUSE |
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Meeting Date: |
January 7, 2021 |
Budgeted: |
N/A |
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From: |
David Stoldt |
Program/ |
N/A |
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General Manager |
Line Item No.: |
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Prepared By: |
Stephanie Locke |
Cost Estimate: |
N/A |
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General Counsel Review: Draft ordinance is under review by counsel. |
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Committee Recommendation: N/A |
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CEQA Compliance: An
initial study has been prepared and will be filed with the County Recorder’s
office and distributed to interested parties for comment. |
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SUMMARY: Draft Ordinance No. 187 (Exhibit 2-A) responds to direction from the Water Demand Committee to prepare an ordinance that establishes a process for the Department of Defense properties to have an extended length of time to utilize Water Use Credits, to reinstate credits that have expired during the newly extended period of time, and to recognize the Department of Defense as a Jurisdiction for future water Allocation. The ordinance also authorizes the General Manager to extend a Water Use Credit for up to one year for justifiable cause.
A similar consideration was given to Redevelopment Agency Sites when the Board adopted Ordinance No. 121 on August 15, 2005, to extend credit for Redevelopment Projects for up to 20 years. Staff’s estimate of an extension to the Department of Defense Sites would extend/reinstate approximately 25 acre-feet of Water Use Credits.
An Initial Study has been prepared and will be filed and circulated this week. The California Environmental Quality Act (CEQA) certification will occur during the second reading and consideration of adoption of this ordinance.
DISCUSSION: Staff has long been aware of the significant amount of time it often takes for federally funded projects to receive appropriations to begin construction. Conversations with representatives of both the Presidio of Monterey and the Naval Postgraduate School (the two largest Department of Defense entities served by Cal-Am) resulted in requests for a future Allocation of water separate from the City of Monterey’s and consideration of extending the length of time a Water Use Credit is available on these installations in the interim. Both facilities are located in Monterey, which has no water available for military projects.
The Department of Defense may need water/Water Use Credits for several projects in the next few years, many of which have been planned and approved, but have not received funding. The Presidio undertook a number of retrofit projects in the early 2000’s in anticipation of receiving funding around that time, and when the projects were not undertaken, those credits expired. The shortage of space at the Presidio often results in the untimely demolition of buildings after construction of new ones, resulting in a post-project credit that can’t be applied to a previous project. Staff, faculty, and students must wait for construction of the new building before vacating the old one for demolition. The opposite is also true where buildings are demolished to make space for new construction that is dependent on federal funding that may not come through. The Presidio has 7.11 Acre-Feet of documented Water Use Credit that will expire under the current rules in 2021.
The success of the Presidio’s mission to train military linguists depends on its ability to modernize and expand its training facilities. In order to do this, the Presidio needs to have sufficient water available to offset projects so that it can comply with District law when a project moves forward. Ordinance No. 187 extends Water Use Credits at Department of Defense Sites for an additional ten years, making the credit available for a total of 20 years. It is anticipated that the current lack of water for construction will be replaced with new Allocations in the next several years when the Peninsula’s water supply is legalized. In the meanwhile, the extension of credit to Department of Defense Sites will facilitate national security and the mission of these important facilities.
RECOMMENDATION: The Water Demand Committee should review draft Ordinance No. 187 and consider a supportive recommendation to the Board.
EXHIBIT
2-A Draft Ordinance No. 187
U:\staff\Board_Committees\WaterDemand\2021\20210107\02\Item-2.docx