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ITEM: |
PUBLIC HEARING |
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10. |
CONSIDER FIRST READING OF ORDINANCE NO. 196 - ESTABLISHING
ALLOCATIONS OF WATER FROM THE PURE WATER MONTEREY EXPANSION PROJECT |
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Meeting Date: |
December 16, 2024 |
Budgeted: |
N/A |
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From: |
David Stoldt |
Program/ |
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General Manager |
Line Item No.: |
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Prepared By: |
Stephanie Locke |
Cost Estimate: |
N/A |
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General Counsel Review: Yes. |
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Committee Recommendation: The draft ordinance was reviewed by the Water Demand Committee on December 5, 2024. |
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CEQA Compliance: See CEQA section
of staff report. |
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SUMMARY: Construction of the Pure Water Monterey (PWM) Expansion project is expected to be completed in fourth quarter 2025. The PWM Expansion will bring the permanent replacement water supply that will enable the lifting of State Water Resources Control Board Cease-and-Desist Order (CDO) and the California Public Utilities Commission’s moratorium on the setting of new Cal-Am meters. Ordinance No. 196 (Exhibit 10-A) sets forth the process and the Jurisdictional Allocations from this new water supply.
Ordinance No. 196 allocates a portion of the new PWM supply and retains flexibility to be able to allocate additional supply when needed to meet future water demands of the Jurisdictions. The ordinance allocates 371 Acre-Feet (AF) (the first allocation) of water from the PWM Expansion to the District’s Jurisdictions as follows:
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Jurisdiction |
Proposed PWM Expansion Allocation |
Existing Allocation 11/ 30/2024* |
Total Allocation* |
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Carmel |
14 AF |
2.479 AF |
16.479 AF |
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Del Rey Oaks |
6 AF |
0 AF |
6.000 AF |
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Monterey |
141 AF |
0.469 AF |
141.469 AF |
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Pacific Grove |
32 AF |
0.024 AF |
32.024 AF |
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Sand City |
14 AF |
0 AF |
14.00 AF |
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Seaside |
21 AF |
29.292 AF |
50.292 AF |
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Unincorporated County |
72 AF |
12.940 AF |
84.940 AF |
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Monterey Peninsula Airport District |
44 AF |
5.197 AF |
49.197 AF |
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Department of Defense Sites |
27 AF |
0 AF |
27.000 AF |
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District Reserve |
2,097 AF |
8.607 |
2,105.607 AF |
*These columns will be updated upon the effective date of the ordinance to reflect Paralta and pre-Paralta Allocations remaining in each Jurisdiction.
Jurisdiction
and Water Demand Committee Review
The District’s General Manager met with representatives of each of the Jurisdictions in September 2024 to describe the Allocation process and the proposed Allocations and to address any concerns or questions. In addition, there have been ongoing presentations to each governing body over the past two months.
The draft ordinance was reviewed by the Water Demand Committee on December 5, 2024. The committee provided feedback to staff and unanimously recommended the ordinance move to the Board for consideration. Following the meeting, staff amended the draft ordinance to add findings, clarify reporting requirements, and to add periodic review of the Allocations following the AMBAG Regional Growth Forecast.
CEQA: In August 2023, the Board received a technical memorandum from Rincon Consultants on the appropriate environmental action for the Allocation Process. The Technical Memorandum concluded (a) that the proposed water allocation qualifies as a project under CEQA because it is being undertaken by a public agency and has the potential for reasonably foreseeable indirect physical changes in the environment, such as facilitating land development through the provision of increased water supplies. In other words, the additional water that would be available to Jurisdictions in the District’s service area could facilitate development that would have otherwise been impossible due to lack of water availability; and (b) the document review determined that the Pure Water Monterey Supplemental Environmental Impact Report (EIR), SCH No. 2013051094 (2021 SEIR) certified April 2021, had already analyzed the growth-inducing and secondary environmental effects associated with the proposed water allocation, which is, in practice, a continuation of the District’s existing water allocation program. Based on those findings, Rincon recommended preparation of Addendum No. 2 to the 2021 SEIR.
The District prepared the EIR Addendum pursuant to CEQA Guidelines Sections 15162 and 15164 to evaluate whether the project’s environmental impacts are covered by and within the scope of the 2021 SEIR for the Expanded PWM/GWR Project. This Addendum details any changes in the project, changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.
The responses therein
substantiate and support the District Board’s March 2024 determination that the
additional water allocation is within the scope of the 2021 SEIR, does not
require subsequent action under CEQA Guidelines Section 15162 and, in
conjunction with the 2021 SEIR, adequately analyzes potential environmental
impacts. The District Board of Directors considered
and approved the Addendum in conjunction with the 2021 SEIR and found that
there is substantial evidence that there will be no new significant impacts and
none of the conditions described in Section 15162 of the CEQA Guidelines
calling for preparation of a subsequent EIR have occurred.
RECOMMENDATION: Following a public hearing, the Board should approve the first reading of Ordinance No. 196.
EXHIBIT
10-A Draft Ordinance No. 196
U:\staff\Boardpacket\2024\12162024\Public
Hearings\10\Item-10.docx