Monday, April 21, 2014

MINUTES, BOARD OF DIRECTORS, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, January 29, 2014

ABSTRACT: Re: GENERAL MANAGER’S REPORT, 16. Update on Development of Water Supply Projects, Stoldt restated several points outlined in the staff report on this item. He also announced that a draft version of the water rate relief bond legislation was distributed that morning for review by the California State Office of Legislative Counsel.
GENERAL MANAGER’S REPORT


16.
Re:  ACTION ITEMS 21. Consider Action to be Taken with Respect to Public Water Now Initiative Petition, The Water Management District’s Elections Official, Arlene Tavani, certified to the Board that the petition submitted by Public Water Now was sufficient. Certification was based on Monterey County Elections Department’s examination of the petitions, verification of signatures, and subsequent communication dated January 21, 2014, stating that the initiative petition contained 135% of signatures of qualified voters needed.
Byrne offered a motion to adopt Resolution No. 2014-02 to immediately order that the ordinance included in the Public Water Now initiative petition that calls for an investigation into the feasibility of public purchase of Cal Am be submitted to the voters without alteration. The motion was seconded by Markey and adopted unanimously on a vote of Byrne, Markey, Thayer Pendergrass and Potter. Directors Brower and Lewis were absent.
On a motion by Markey and second of Thayer, the timeline for review and submittal of arguments related to the ballot measure (submitted by staff at the meeting) was adopted unanimously on a vote of Byrne, Markey, Thayer, Pendergrass and Potter. Directors Brower and Lewis were absent.
The following comments were directed to the Board during the public comment period on this item. (1) George Riley, representing Public Water Now, expressed support for adoption of Resolution No. 2014-02. He stated that public ownership would result in a lower cost water supply. (2) Rick Heuer spoke in support of adoption of Resolution No. 2014-02. He stated that an election would provide an opportunity for public discourse on the drawbacks of public ownership. (3) Eric Sabolsice, Director of Operations for California American Water, stated that the company is not for sale. He expressed support for adoption of Resolution No. 2014-02. He described the Public Water Now initiative as a distraction to development of a water supply project. (4) Nelson Vega, Vice President of the Commercial Property Owners Association, expressed support for adoption of Resolution No. 2014-02. According to Mr. Vega, it cannot be said that public agencies operate more efficiently than private entities. (5) Bill Hood stated that if a ballot measure calling for purchase of Cal-Am is approved by the voters, costs for low and middle income rate payers will be controlled because the CPUC would not be involved in rate setting. (6) John Narigi, Co-Chair of the Coalition of Peninsula Businesses, referenced a letter dated January 24, 2014 (on file at the District office) recommending that the Board of Directors adopt a resolution calling for an election on public ownership of Cal-Am, because the voters would be responsible to pay for a feasibility study on the purchase of Cal-Am facilities. (7) Sam Teel, Chair of the Monterey County Hospitality Association, expressed agreement with comments made by John Narigi. (8) Michael Behr stated that public ownership of Cal-Am would provide an opportunity for local control, and the incentive for profit would be eliminated. (9) Doug Wilhelm, representing Public Water Now, stated that 85 percent of the population of the United States is served by public water. According to a market survey completed by Public Water Now, three out of four people who had an opinion expressed support for local control of the water supply by the Water Management District. (10) Tom Rowley, representing the Monterey Peninsula Taxpayers Association, recommended that if the Board voted to place the Public Water Now initiative on the June 3, 2014 ballot, it should keep an open mind and let the public hear all the issues before they cast a vote. (11) Kevin Stone, representing Monterey County Association of Realtors, referenced a letter to the Board dated January 29, 2014 (on file at the District office) requesting that the Public Water Now initiative be submitted to the voters. He stated that the Association of Realtors is opposed to public ownership of Cal-Am. (12) Harvey Billig, member of Public Water Now, asked the Water Management District to analyze Cal-Am rates and determine what percentage of the rates collected are utilized locally. (13) George Brehmer expressed support for adoption of Resolution No. 2014-02. He spoke in support of public ownership of Cal-Am. (14) Stan Dursa stated that the cost of a feasibility study on the purchase of Cal-Am may be higher than originally anticipated.
21.



Action:  The Board will consider adoption of Resolution 2014-02 
 calling for an election within the MPWMD boundaries on June 3, 
2014, as specified in the Public Water Now Initiative Petition.  
The petition requests that the District submit to the voters a 
proposed Ordinance that adds Rule 19.8 to the District Rules 
and Regulations and requires the General Manager, within 
nine months of Rule’s effective date, to complete a Feasibility 
Analysis and Acquisition Plan for the acquisition, long-term 
ownership, and management by the District of Cal-Am’s assets.  
If the Plan concludes acquisition is feasible, the District shall, as 
soon as practicable, take all necessary and proper actions 
consistent with its powers under District Law and Eminent 
Domain Law to acquire Cal-Am’s water system assets.




Ø  Supplemental Recommendations for Item 21 
 (presented by MPWMD staff)


Ø  Letter from Monterey County Association of Realtors 
 (presented by MPWMD staff)


Ø  Letter from Coalition of Peninsula Businesses 
 (presented by MPWMD staff)




Final Minutes – MPWMD Regular Board Meeting – January 29, 2014

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