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ITEM: |
CONSENT CALENDAR |
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5. |
CONSIDER APPROVAL OF MEMORANDUM
OF AGREEMENT BETWEEN THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AND THE
CARMEL RIVER STEELHEAD ASSOCIATION |
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Meeting Date: |
June 20, 2005 |
Budgeted: |
N/A |
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From: |
David A. Berger, |
Program/ |
N/A |
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General Manager |
Line Item No.: |
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Prepared By: |
Dave Dettman/ |
Cost
Estimate: |
N/A |
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Beverly Chaney |
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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 recommended
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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
5-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.
RECOMMENDATION:
District staff recommends approval of the proposed MOA (Exhibit 5-A),
and authorization for the General Manager to enter into the MOA.
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 an 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 Carmel River in Carmel Valley. Staff reviewed this situation
and believes that the anticipated increased costs are minor, including small
amounts of additional food, limited additional time on Saturdays to accept the
fish, and some additional time to process and treat the fish during the rearing
season; and (2) that the Association needed to add the District to its general
insurance liability policy as an “additional insured”. In addition, CRSA was willing to hold the
District, its employees, and agents harmless in the event that CRSA members
were injured at the Facility.
A one-year MOA
between the District and the CRSA was signed in July of 2003. The CRSA delivered one batch of fish to the
Facility in June 2004.
EXHIBITS
5-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\committees\Admin\2005\20050609\05\item5.doc