MINUTESMONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)Special Meeting8:30:00 PM, Thursday, January 10, 2013MONTEREY PUBLIC LIBRARY651 PACIFIC STREETMONTEREY, CALIFORNIADirectors Present:
Burnett, Edelen, Kampe, Pendergrass, Rubio, Della Sala
Legal Counsel, Interim Executive Director, Clerk to the Authority
President Della Sala called the meeting to order at 10:05 p.m. following the regular Authoritymeeting.
President Della Sala opened the item for Public Comment.Tom Rowley encouraged the Authority to make a decision of project support by the CPUCtestimony deadline of February 22, 2013 but also to continuing evaluating new information if itbecomes available. Jim Cullem expressed that the Authority has paralysis by analysis andencouraged the authority to consider alternatives or a combination of others. Unless they havean absolute source of water that is guaranteed and won’t be litigated, he discouraged theAuthority from supporting a project. Nelson Vega spoke Jim Cullem’s comments that the mainproblem is source water.
1. Receive Response Letter From California Office of the Attorney General and Take Action toRecommend Amending the Joint Powers Agreement to Allow The County of Monterey to Be aParticipatory Member of the MPRWA, Subject to the Approval of the City Members andExecution of the Agreement by the County of Monterey, and Provide Direction for OtherChanges as Necessary
Legal Counsel Freeman introduced the item. He reminded the Authority that he had received aletter questioning the compatibility of offices with the County of Monterey participation in theJPA. The County requested an opinion regarding the matter and received a response from theCalifornia Attorney General’s office which did not directly address the issue but indicated thatthe Attorney General is willing to consider the issue in depth for a formal opinion and there willlikely not be an incompatibility of offices if the Joint Powers Authority agreement was amendedto include the unincorporated areas. A formed opinion is available but could take up to a fullyear to be delivered.Therefore Mr. Freemen recommended that the Authority direct staff to prepare an amended JPAagreement which would then be forwarded to Attorney General’s office, along with a letter fromthe County of Monterey in order to get a more definitive answer. Once approved, it would becirculated to different cities for approval and signature. President Della Sala invited discussionon the item from the Authority.