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MPRWA Minutes 02-14-13

MPRWA Minutes 02-14-13

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Published by L. A. Paterson
Monterey Peninsula Regional Water Authority Draft Minutes 02-14-13
Monterey Peninsula Regional Water Authority Draft Minutes 02-14-13

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Published by: L. A. Paterson on Mar 13, 2013
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M I N U TE S MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) Regular Meeting 7:00 PM, Thursday, February 14, 2013 CITY COUNCIL CHAMBER FEW

MEMORIAL HALL MONTEREY, CALIFORNIA Directors Present: Directors Absent: Staff Present: ROLL CALL President Della Sala Called the Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE REPORTS FROM BOARD DIRECTORS AND STAFF Director Pendergrass reported on the unanimous approval of the Governance Proposal by the Monterey Peninsula Water Management District. All aspects were unanimous and mirrored the Authority approval except for the item related to Surcharge 2. President Della Sala reported that the Monterey County Board of Supervisors unanimously approved the governance agreement as well and indicated that Cal Am is still reviewing but might have edits in the near future. Director Rubio requested that the Ground Water Replenishment be fully flushed out for the public and requested the TAC explore the project to ensure all parties understand it on the same level. The Authority unanimously approved this request and directed the TAC to take up the item. PUBLIC COMMENTS President Della Sala invited public comment for items not on the agenda. Nelson Vega requested that the Authority not overlook the Salinas River as a source of water and consider the possibility to petition to the State Water Resources Board about wasting a resource that could be better utilized. Tom Rowley requested that the Authority lobby to ensure all Land Use Jurisdictions be directly represented on the Monterey Peninsula Water Management District Board. He thanked the Authority for adopting the position statement to move forward and for including an alternate water source as the source of water is a critical issue. Sue McCloud requested that the Authority take another look at the format the agenda materials are distributed in. With no further requests to speak, President Della Sala closed public comment. Edelen, Kampe, Pendergrass, Rubio, Alternate Talmage, Della Sala None Executive Director, Legal Counsel, Clerk

MPRWA Minutes APPROVAL OF MINUTES 1. January 10, 2013 Special Meeting Action: Approved

Thursday, February 14, 2013

On a motion, and carried by the following vote, the Monterey Peninsula Regional Water Authority approved the minutes of January 10, 2013. AYES: NOES: ABSENT: ABSTAIN: RECUSE D: 2. 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala None None None None

January 24, 2013 Regular Meeting Action: Approved On a motion, and carried by the following vote, the Monterey Peninsula Regional Water Authority approved the minutes of January 24, 2013 as amended. AYES: NOES: ABSENT: ABSTAIN: RECUSED: 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala None None None None

3.

January 31, 2013 Special Meeting Action: Approved On a motion, and carried by the following vote, the Monterey Peninsula Regional Water Authority approved the minutes of January 31, 2013 as amended. AYES: NOES: ABSENT: ABSTAIN: RECUSED: 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala None None None None

AGENDA ITEMS 4. Approve Amendment to Contract for Executive Director Services with the City of Monterey to Include Licensed Professional Engineer and Authorize Increase of Insurance Premiums as Required (Action) Action: Approved

Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, February 14, 2013 2

MPRWA Minutes

Thursday, February 14, 2013

Legal Counsel Freeman spoke to the item indicating the appointed Executive Director Bill Reichmuth is a licensed professional engineer and risk managers for the member cities have recommended increasing the Authority’s Special Liability Insurance Policy (SLIP) to cover the MPRWA in the event of litigation. In order to obtain the increased SLIP, an amendment to the agreement to include the professional designation is needed and additional funding not to exceed $3,000 will be required and would be paid through the budget line item contingency fund. President Della Sala opened the item for public comment and with no requests to speak, closed public comment and brought the discussion back to the Authority for a motion. On a motion by Director Edelen, seconded by Director Rubio and carried by the following vote, the Monterey Peninsula Regional Water Authority approved the amendment to the contract for Executive Director Services with the City of Monterey to include Licensed Professional Engineer in the designation and authorized an increase of insurance premiums as required. AYES: NOES: ABSENT: ABSTAIN: RECUSED: 5. 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala None None None None

Approve and Authorize the President to Execute an Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee Together with California-American Water Company, the Monterey Peninsula Water Management District, and the County of Monterey and Appoint the Water Authority’s Representative to Said Committee (Discussion/Action) Action: Discussed and Approved Della Sala introduced the item as written in the staff report. Executive Director Reichmuth presented the report acknowledging staff who has been working diligently on this project. He clarified that the attachment in the packet is not the final agreement as there are some non substantial word changes that have been requested by Cal Am legal counsel, however Mr. Reichmuth recommended approval of the agreement today and if changes are significant, again at a future meeting. Legal Counsel Freeman followed on with the suggestion that this document has been seen a number of times, both legal and appointed officials have been laboring over it. Prior to this meeting Cal Am's requested to change specific words that they claim are not substantial, however Mr. Freeman still recommended that the Authority approve the document as written and appoint representative members at this meeting. President Della Sala opened the item to public comment. Nelson Vega expressed concern that too much effort was used to be collegial and he cautioned that with the proposed agreement the Authority will no longer have the power. He then said that even though this organization is using tax payer money, the Authority is making unprecedented progress and has created trust in the community that the project will move forward. Doug Wilhelm expressed concern that there is no oversight after the plant is constructed and requested the document be revisited for inclusion before adoption.

Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, February 14, 2013 3

MPRWA Minutes

Thursday, February 14, 2013

Bill Hood expressed frustration that specific concerns he provided to the Authority have not been incorporated, and the document does not allow the Authority any control over the project. He encouraged the Authority to revise the document as it does not provide adequate cost control and Cal Am being a regulated utility has no incentive to control costs. He also cautioned the Authority about involvement which would lead to becoming the lead agency for CEQA. Lastly, he cautioned the Authority about the potential changes Cal Am is making as the history of this negotiation has shown Cal Am has substantive concerns and the public has allowed the concerns to overrule what their needs are. Exercising more control will not hurt Cal Am but will reduce waste and protect the rate payers. Sue McCloud appreciated all the efforts to include many public comments in the document. She brought up the following points about the draft agreement: • Has the Authority reached out to the Desalination Manager in Sand City? • She expressing concern for continuity from the four proposed members of the governance committee due to term limits, and recommended returning to an advisory committee structure. • She questioned how the MPRWA representative will be able to speak for all six cities • She discouraged the ability to vote by proxy without hearing full discussions • Nothing in the document addresses financing yet many decisions will impact finances George Riley questioned the term of the Governance Committee of 40 years and questioned if the intent was for the Authority to also have a 40 year life. Second, he questioned what preconstruction entailed and was concern that the phase would not be accessible to the public. With no further requests to speak, President Della Sala closed public comment and staff responded to public comments. Director Pendergrass welcomed questions from the Authority regarding the Sand City Desalination facility as well as working with Cal Am and he indicated they always pushed for a public-private partnership and have a positive relationship and working experience with the plant. He indicated he is willing to provide information to the TAC, Authority Directors and the MPWMD, if requested. President Della Sala responded to Mrs. McCloud’s comments indicating that the appointed Governance Committee representative could speak for the Authority with direction provided by the Authority and would be required to get approval on substantial issues prior to voting. The financing aspect is still being developed and investigated and the Authority will be taking a position on financing in the near future. He then spoke to Mr. Riley's comments about the 40 year agreement term, to which he responded the intent is that by the time the water is flowing, this organization will disband. Legal Counsel Freeman spoke to Mr. Hood’s question and indicated that three CEQA attorneys reviewed the document to keep the CPUC as lead agency, and to keep from making large decisions that will help delay the project. He acknowledged that delay is an issue and the goal is to steer a course that will provide oversight over all categories. What the Authority does not have oversight over, the CPUC does. Also, it was made to be a Brown Act agency compliant with the Public Records Act as a way the public can participate and to ensure transparency. The Authority discussed some of the known unsubstantial changes and discussed the length of involvement for the Authority. The Directors agreed that there should be no need for the Governance document and oversight once water is flowing.

Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, February 14, 2013 4

MPRWA Minutes

Thursday, February 14, 2013

On a motion by Director Kampe, seconded by Director Rubio, and carried by the following vote, the Monterey Peninsula Regional Water Authority Authorized the President to Execute an Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee Together with California-American Water Company, the Monterey Peninsula Water Management District, and the County of Monterey: AYES: NOES: ABSENT: ABSTAIN: RECUSED: 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala None None None None

President Della Sala opened public comment for selecting a Director to act as the Authority representative for the Governance Committee. Nelson Vega suggested it be Mayor Della Sala, because he represents the largest population, has the necessary expertise, and would be an excellent choice. With no further requests to speak, public comment was closed. Director Rubio offered his services to the Governance Committee and noted that Supervisor Potter was appointed to the committee from the Board of Supervisors. Alternate Director Talmage nominated President Della Sala indicating that continuity is critical and cannot be overstated. Director Edelen spoke to Director Rubio’s experience but in the interest of continuity nominated President Della Sala. On a motion, and carried by the following vote, the Monterey Peninsula Regional Water Authority appointed Vice President Burnett as the Primary representative to the Governance Committee and President Della Sala as the alternate representative. AYES: NOES: ABSENT: ABSTAIN: RECUSED: 6. 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala None None None None

Review the First Amended and Restated Joint Exercise of Powers Agreement and Recommend Execution by Member Cities and the County of Monterey to Add the County of Monterey as a Member of the Water Authority and to Make Other Modifications to the Agreement (Discussion/Action) Action: Discussed and Approved Legal Counsel Freeman presented the report and indicated that the JPA agreement presented includes two amendments; inclusion of Monterey County as a representative to the Authority and deleting the requirement to have an Authority Director to be the Chair of the TAC. He then clarified that voting on this document does not ensure it will happen but will allow the California Attorney General to respond to the submitted letter regarding a conflict of interest, then the agreement must be circulated to each member agency for signature of approval. The approval requested today is to authorize the two changes to the document and then circulate amongst the jurisdictions. Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, February 14, 2013 5

MPRWA Minutes

Thursday, February 14, 2013

President Della Sala opened the item for public comment. Tom Rolwey thanked Legal Counsel Freeman and spoke to the excellent work that he does then asked for a tentative time table for approval. Bill hood expressed appreciation for the efforts of the Authority then spoke to the purpose of the JPA agreement. Appointing the Fifth District Supervisor as a representative with the County would cause a conflict due to his other participation. He said it does not have to be an actual conflict of interest, but a potential conflict and does not believe the amendment addresses the conflict, but instead is a duplication of powers. Nelson Vega indicated it is important to have County participation because representation for the unincorporated areas is needed. He cautioned that the Authority wait until the Attorney General responds. He then acknowledged Director Burnett’s participation at the MPWMD meeting. Having no more requests to speak, public comment was closed. Mr. Freeman responded to Mr. Hood's request regarding the County participation indicating the action taken tonight is just to approve and allow circulation of the changes and further stated that the County will not participate without the opinion of the Attorney General. Mr. Freeman then answered questions from the Board. On a motion by Director Burnett, seconded by Director Rubio, and carried by the following vote, the Monterey Peninsula Regional Water Authority Approved the Amendment and Circulation of the First Amended and Restated Joint Exercise of Powers Agreement by Member Cities: AYES: NOES: ABSENT: ABSTAIN: RECUSED: 7. 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala None None None None

Update on Member City Approval of Increased Member Contributions for FY 2012-13 (Information) Action: Received Update Executive Director Reichmuth indicated this item was a reminder to the Member Cities about the Authority’s budget adjustment and requested that any city that has not approved the increase please do so in the near future. Director Rubio acknowledged that the City of Seaside has approved the budget adjustment. Sand City and Del Rey Oaks are still outstanding.

8.

Approve Future Meeting Dates (Discussion/Action) Action: Approved President Della Sala opened to public comment and had no requests to speak. On a motion by Director Kampe, seconded by Director Edelen, and carried by the following vote, the Monterey Peninsula Regional Water Authority Approved the Presented Future Meeting Dates; AYES: NOES: ABSENT: 6 0 0 Edelen, Kampe, Pendergrass, Rubio, Talmage, Della Sala DIRECTORS: None DIRECTORS: None Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, February 14, 2013 6 DIRECTORS:

MPRWA Minutes ABSTAIN: RECUSED: 0 0 DIRECTORS: DIRECTORS: None None

Thursday, February 14, 2013

ADJOURNMENT With no more business to come before the Authority, President Della Sala Adjourned the meeting at 9:58 p.m. ATTEST:

Lesley Milton, Clerk to the Authority

Chuck Della Sala, MPRWA President

Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, February 14, 2013 7

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