ITEM:		ACTION ITEM
11.	PROVIDE DIRECTION REGARDING PURE WATER MONTEREY EXPANSION FINAL SEIR
Meeting Date:			October 19, 2020	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:	N/A
Prepared By:			David J. Stoldt	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: None
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines section 15378.

SUMMARY: Monterey One Water (M1W) has not certified the Final Supplemental Environmental Impact Report (SEIR) for the Pure Water Monterey expansion and has set no timetable to do so. In July, the District Board was apprised by its attorneys of several options for the District to ascend to lead agency status for purposes of certifying the Final SEIR. The draft letter attached as Exhibit 11-A is a possible step for the Board to consider.

RECOMENDATION: The Board should consider whether it wants to notify M1W of its intention to seek lead agency status as described in the attached letter.

DISCUSSION: Notification of M1W of the District’s intent to become lead agency is not “certification” of the SEIR, rather a step in the process to moving forward. The remainder of the process, or timeline, can be summarized as follows:

October 19, 2020: District elects to exert “lead agency” status via Board action.

October 20, 2020: District sends letter (Exhibit 11-A) to M1W

November 3, 2020: Election Day. M1W may reconsider its own actions re SEIR; Inform District to hold-off, or not.

November 30, 2020: M1W considers Resolution disputing District claim and refers dispute to California Office of Planning and Research (OPR).

December 14, 2020: If M1W does not adopt dispute Resolution, first opportunity for District Board to certify SEIR.

December 21, 2020: If M1W adopts dispute Resolution, OPR to act on “lead agency” claim.

EXHIBIT

11-A Proposed Letter to M1W U:\staff\Boardpacket\2020\20201019\ActionItems\11\Item-11.docx