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ITEM: |
ACTION
ITEM |
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19. |
CONSIDER ADOPTION OF DRAFT
RESOLUTION NO. 2022-06 IN SUPPORT OF ACTIVATION OF LATENT DISTRICT POWERS |
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Meeting
Date: |
February 24, 2022 |
Budgeted: |
No |
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From: |
David J.
Stoldt, |
Program/ |
N/A |
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General
Manager |
Line Item No. |
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Prepared
By: |
David J.
Stoldt |
Cost Estimate: |
N/A |
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General Counsel Review: |
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Committee Recommendation: N/A |
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CEQA Compliance: This action does not constitute a project
as defined by the California Environmental Quality Act Guidelines Section 15378. |
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SUMMARY: The Local Agency Formation Commission (LAFCO) of Monterey
County will meet February 28, 2022 to have a public hearing on the District’s
Application for Reconsideration of Resolution No. 2022-01 of the Local
Agency Formation Commission Disapproving the Monterey Peninsula Water
Management District's Proposed Activation of Latent Powers, (LAFCO File #21-01).
In the District’s
application for reconsideration, the District proposed it adopt a Resolution in
support of activation of its latent powers, whereby the District will commit
to:
(A) Engage in good faith
dispute resolution efforts with local taxing agencies that are projected, as of
the date of this Resolution, to lose more than $5,000 in annual property tax
revenue due to Cal-Am assets becoming subject to public ownership and thus
exempt from property taxes. The District shall use its best efforts to enter
into legally permissible agreements which may include provisions to reduce the
net impact of lost tax revenue over a five to seven-year transition period, or
longer if warranted by unique facts, for each affected Local Taxing Agency.
(B) If the acquisition of
the Monterey Water System is approved in Superior Court, act as an intervenor
in any California Public Utilities Commission (CPUC) proceeding related to any Cal-Am
Monterey County satellite water system or wastewater system. In such a proceeding, the District will
strongly encourage the CPUC to continue the rate structure presently in place
for the Chualar division and to argue for the inclusion of such water and
wastewater systems to be treated in the most economical manner for ratepayers,
including annexing into the Cal-Am Northern Division and/or seeking operating
subsidies from Cal-Am divisions statewide.
(C) Finalize an agreement
to establish an initial framework for future discussions with Marina Coast
Water District (MCWD) and the affected jurisdictions on how to address
long-term water service needs in the areas where the District’s boundaries
overlap with MCWD’s boundaries or future study areas, contingent on the
acquisition of the Monterey Water System as approved in Superior Court.
(D) Secure a viable
permanent water supply, without new commitments of Salinas Valley water, and to
advance a desalination or other project when determined to be necessary for the
water supply needs of the Peninsula.
All commitments are
contingent on the acquisition of Cal-Am’s Monterey Water System proceeding.
RECOMMENDATION: The General Manager recommends the Board adopt Resolution 2022-06 in support of activation of its latent powers.
19-A Draft Resolution No. 2022-06
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