EXHIBIT 4-A

 

MEMORANDUM OF AGREEMENT BETWEEN

THE MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY AND

THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

 

This Memorandum of Agreement is entered into between the Monterey Regional Water Pollution Control Agency (MRWPCA) and the Monterey Peninsula Water Management District (MPWMD).  Its date for reference purposes shall be January 1, 2009. 

 

RECITALS

 

This Memorandum of Agreement is entered into in light of the following facts:

 

A.                 MPWMD holds and exercises water management responsibilities for the six incorporated Cities and unincorporated areas of the Monterey Peninsula pursuant to a special act of the California Legislature.

 

B.                 MRWPCA owns and operates wastewater collection and a tertiary wastewater treatment plant, for the benefit of the eight incorporated Cities and portions of unincorporated areas in Northern Monterey County, pursuant to a joint exercise of power agreement. 

 

C.                 Both agencies are located wholly in Monterey County, have overlapping territory and exercise both similar and dissimilar powers with respect to their areas of respective responsibility.

 

D.                 MPWMD has identified the need for additional sources of water for potable and sub-potable uses on the Monterey Peninsula.  MPWMD has developed an Aquifer Storage Recovery (ASR) program to inject water from the Carmel Valley into the Seaside Groundwater Basin, and has an interest in expanding that program from additional sources of supply.  MPWMD        is also refining its Desalination Plan as an additional source of supply to offset Cal-Am production from the Carmel River.

 

E.                  MRWPCA has excess quantities of treated wastewater that may be suitable for use within the MPWMD for direct or indirect use.  MRWPCA has unused ocean outfall capacity and also owns and operates sites and facilities that may be used to develop additional sources of water for potable and sub-potable uses on the Monterey Peninsula. 

 

F.                  In 2006, the Board of Directors of the MPWMD adopted a Resolution of Support for the MRWPCA Groundwater Replenishment Project

 

G.                 The California PUC is in the process of evaluating a variety of water supply options which could help resolve local regulatory water deficits.

 

H.                 To avoid conflicts that might otherwise occur as a result of their mutual and overlapping jurisdiction, to encourage and facilitate cooperation with one another, to ensure resource management efforts are not inappropriately duplicated, and to ensure that public funds are used effectively, the parties enter into this Memorandum of Agreement.

 

 

AGREEMENT

 

COOPERATION AMONG AGENCIES

 

1.         Cooperation.    Both MRWPCA and MPWMD agree to cooperate in all matters in which a joint interest may exist, to the maximum extent feasible.

 

2.         Agendas and Reports.

(a)        MRWPCA and MPWMD shall provide to each other the agenda for each meeting of their respective boards of directors.  In each case the agenda will be provided to the manager of the other agency as soon as it is available for public distribution, by e-mail or other means of prompt delivery. 

 

(b)        If the manager of either agency desires a copy of any report or other document prepared by the other agency for any of its public meetings, he or she may request the same by e-mail or telephone, and a copy will be promptly delivered. 

 

(c)        The manager of each agency will provide to the other copies of environmental documents and technical reports, whenever it appears that such documents will be of interest to such other agency.

 

3.         Quarterly managers' meetings. The managers of the two agencies will meet on a quarterly basis, or more often as needed, to discuss matters of common interest to the agencies.

 

4.                  Joint meetings of governing bodies. The governing bodies of the two agencies may hold joint meetings as needed.

 

WATER PROJECTS

 

5.                  Agency consultation.  Neither MRWPCA nor MPWMD shall undertake a water project in the territory of other agency without first advising and consulting with that agency in advance.

 

6.                  Project needs.  At this time,

(a)                MPWMD may need to dispose of brine, should it proceed with a desalination project; and

 

(b)               MRWPCA needs additional funding to continue its efforts to complete testing, studies, and regulatory requirements necessary to implement its Groundwater Replenishment Project in the Seaside Water Basin.

 

 

 

REVENUE AND FINANCE

                                                                                                   

7.                  No affect on fiscal matters.  This Memorandum of Agreement shall not impose any direct substantive or procedural requirement upon either agency with respect to revenue-raising or financing activities.  However, subsequent actions may be mutually agreed upon and taken in the future that would have financial implications.  This Memorandum of Agreement shall not affect the ability of either party to collect or share in the collection of property tax revenues in accord with formulas as are now in effect or as may be hereafter established by law.

 

8.                  Further Agreement.  The MPWMD and MRWPCA should develop and approve a further Joint Memorandum of Understanding by March 31, 2009 that would outline the key provisions that would be needed in a more detailed agreement to better accomplish the project needs of each party, as referenced above. 

 

9.                  Funding plan.  The MPWMD and MRWPCA shall also consider development of a funding assistance plan by March 31, 2009 that would help advance the MRWPCA Groundwater Replenishment Project. 

 

GENERAL PROVISIONS

 

10.              Term and cancellation.  This Memorandum of Agreement shall remain in effect indefinitely, until modified or canceled by the parties, provided, however, that unless it is extended by mutual written agreement, this document shall have no force or effect after December 31, 2013.  This Memorandum of Agreement may be canceled by one party after giving at least thirty days’ written notice to the other party.

 

11.              Dispute resolution.  If any dispute arises between or among the parties concerning the interpretation or application of this Memorandum of Agreement, staff for the parties shall meet and confer regarding the dispute.  If the matter is not resolved through meetings at the staff level, the governing bodies shall hold a joint meeting to resolve the matter.  Thereafter, any remaining dispute shall first be submitted to advisory mediation, to be conducted by a mediator from the State Mediation and Consultation Service, or such other person as may be mutually agreed upon by the parties.  Litigation may be initiated by a party only if such party has made a good faith effort, documented by correspondence with the other party, to resolve the dispute in the manner prescribed above.

 

12.              No third-party beneficiaries. This Memorandum of Agreement is made solely between and among the parties hereto.  No person shall be deemed to be a third-party beneficiary of the memorandum, and no person shall have a cause of action or standing to enforce this memorandum or to assert non-compliance with its terms, except a party hereto.

 

 

 

Signed by

 

For the MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY

 

 

Signed by

 

For the MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

Approved as to form:

 

 

 

 

 

 

 

 

 

 

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