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ITEM: |
CONSENT CALENDAR |
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3. |
CONSIDER APPROVAL OF
MEMORANDUM OF AGREEMENT BETWEEN THE MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT AND THE |
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Meeting Date: |
July 18, 2005 |
Budgeted: |
N/A |
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From: |
David A. Berger, |
Program/ |
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General Manager |
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Prepared By: |
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Cost
Estimate: |
N/A |
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General Counsel Approval:
Yes
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Committee Recommendation: The Administrative Committee reviewed this
item on June 9, 2005 and July 7, 2005 and recommended approval.
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CEQA Compliance:
N/A |
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State & Federal
Agency Review: Consistent with the Annual Memorandum of Agreement between California
Department of Fish and Game and the District for operations at Sleepy Hollow
Steelhead Rearing Facility and the District’s License Agreement with
California American Water |
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SUMMARY: The Board will consider approval of a
proposed Memorandum of Agreement (MOA) with the Carmel River Steelhead
Association (CRSA) to deliver juvenile steelhead that are rescued from
tributaries and the mainstem of the Carmel River and to rear these fish at the
District’s Sleepy Hollow Steelhead Rearing Facility (Facility) (Exhibit 3-A). Minor operational revisions have been made to
Sections #9, 10, 11, 12, 13, 14, 15, and 19 of the Terms and Conditions of the proposed
MOA from the 2003 MOA, in addition to updating the effective date and duration
through May 31, 2006. Following the
Administrative Committee Meeting on June 9, 2005, the proposed MOA was sent to
California American Water and CRSA for their review.
This
item was continued from the June 20, 2005 Board Meeting at the request of
General Manager Berger, due to concerns about the MOA expressed by the Carmel
River Steelhead Association. On July 6,
2005, staff met with representatives of the Carmel River Steelhead Association
to negotiate final terms of the MOA, which are incorporated into Exhibit 3-A.
RECOMMENDATION:
District staff recommends approval of the proposed MOA (Exhibit 3-A),
and authorization for the General Manager to enter into the MOA. The Administrative Committee reviewed this
item at its July 7, 2005 meeting and recommended approval.
IMPACT TO STAFF/RESOURCES: Additional
staff time may be needed to comply with the proposed 2005-06 MOA with
CRSA. This depends primarily on the
frequency of times when staff will be needed to pick up fish from CRSA after
weekday rescues. While the frequency
cannot be predicted with certainty, the total additional time should not exceed
24 hours, based on an assumption of six weekday rescues at 4 hours per
day. No additional cost would be
incurred for task, as the staff positions for this activity receive
compensation time instead of overtime payment.
BACKGROUND:
In 2000, the CRSA requested that the District accept and rear juvenile
steelhead rescued by CRSA. In response
to this request, staff assembled a proposed protocol for this operation, and
negotiated with CRSA representatives to implement the request, subject to
approval of a MOA and review and approval by CDFG and NOAA-Fisheries.
Two key issues
were (1) whether the additional tributary and mainstem fish would impact
existing operations at the Facility, which is funded by the Cal-Am user fee and
specifically designed to mitigate for existing Cal-Am pumping along the
mainstem of the
A one-year MOA
between the District and the CRSA was signed in July 2003. The CRSA delivered one batch of fish to the
Facility in June 2004.
For the
2005-2006 MOA, staff negotiated and made the following revisions with the goal
of improving security at the Facility and continuing the practice of receiving
fish from CRSA rescues:
Section
9: added
a sentence, “Under no circumstances
will any member of the Association be at the Facility unless District staff is
there.
Section 10: Reference to capacity of rearing channel as
64,000 young-of-the-year has been removed.
Section
11: added a
sentence, “A maximum of five people, a fish transport truck, and one other
vehicle will be allowed at the Facility to deliver fish. Additional
vehicles will be refused access, unless prior approval has been granted.
Section 12: Names of CRSA contacts were changed.
Section
13: Date for
submittal of a complete report on CRSA rescues changed from August 1 to
September 30.
Section
14: Terms for
entrance to property were changed by adding, “District staff shall meet Association at the Cal-Am gate to allow access
for fish delivery and escort Association back out through gate after
delivery. Association shall not be given gate keys or lock
combinations. Alternately and subject to prior arrangement, District may
pick up fish rescued by the Association and bring the fish back to Facility.”
Section 19
(added): “Failure to follow
any of the preceding requirements may lead to termination of this MOA”.
EXHIBITS
3-A Proposed Memorandum of Agreement between
MPWMD and the Carmel River Steelhead Association: Limited Access and Use of
Sleepy Hollow Steelhead Rearing Facility
U:\staff\word\boardpacket\2005\2005boardpackets\20050718\ConsentClndr\03\item3.doc