MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) MEETING AGENDA & MINUTES, February 9, 2017

MPRWA Agenda Packet 02-09-17 by L. A. Paterson on Scribd

AGENDA PACKET, DIRECTOR’S MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 9, 2017

Mprwa Minutes 02-09-17 by L. A. Paterson on Scribd

DRAFT MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 9, 2017

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA & MINUTES, November 7, 2016

TAC MPRWA Agenda Packet 11-07-16 by L. A. Paterson on Scribd

AGENDA PACKET, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 7, 2016

Tac Mprwa Minutes November 7, 2016 by L. A. Paterson on Scribd

DRAFT MINUTES
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 7, 2016

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) DIRECTORS & TECHNICAL ADVISORY COMMITTEE (TAC) JOINT SPECIAL MEETING AGENDA & MINUTES June 23, 2015

MPRWA & TAC Agenda Packet 06-23-15

AGENDA PACKET, JOINT SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) DIRECTORS & TECHNICAL ADVISORY COMMITTEE (TAC)
June 23, 2015

DRAFT Application to Modify CDO Clean 19 June 15

DRAFT 06/19/15

Attorneys for CALIFORNIA-AMERICAN WATER COMPANY

APPLICATION TO MODITY CEASE AND DESIST ORDER WR 2009-0060

In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company, Cease and Desist Order WR 2009-0060

STATE OF CALIFORNIA

STATE WATER RESOURCES CONTROL BOARD

MPRWA DEIR Review 1 Overview

Review of CalAm Monterey Peninsula Water Supply Project (MPWSP) DEIR

June 23, 2015

Geosyntec consultants

MPRWA DEIR Review 2 Subsurface Intakes

Review of Subsurface Seawater Intakes DEIR, Monterey Desal Project

DRAFT Presentation to Monterey Peninsula Regional Water Authority

23 June 2015

Geosyntec consultants

MPRWA DEIR Review 3 Brine Disposal

Review of Brine Disposal System DEIR, Monterey Desal Project

DRAFT Presentation to Monterey Peninsula Regional Water Authority

23 June 2015

Geosyntec consultants

   MPRWA Minutes 06-23-15

DRAFT MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
June 23, 2015

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) CLOSED SESSION AGENDA & REGULAR MEETING AGENDA & MINUTES, February 12, 2015

RE:AGEND ITEM 9. Receive Update, Discuss, And Provide Direction On Water Authority Participation In Obtaining A Cease and Desist Order (CDO) Extension – Burnett

Mayors' water group finally releases draft proposal to modify state's Carmel River cutback order.
by Kera Abraham , MONTEREY COUNTY WEEKLY
Posted: Tuesday, February 10, 2015

Draft proposal to delay Carmel River cutback released
By Jim Johnson, Monterey Herald
Posted: 02/11/15

MPRWA Final Agenda Packet 02-12-15

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) CLOSED SESSION AGENDA & REGULAR MEETING AGENDA & MINUTES

February 12, 2015

MPRWA Minutes 02-12-15

DRAFT MINUTES REGULAR MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 12, 2015

Monterey County Board of Supervisors Meeting Agenda Item 15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and b. Provide direction regarding the County’s participation in and funding of the Authority, September 30, 2014

ABSTRACT:  The Monterey County Board of Supervisors is scheduled to conduct a meeting today, September 30, 2014.  Meeting Agenda Item 15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and b. Provide direction regarding the County’s participation in and funding of the Authority is featured.  The Legislation Details (With Board Report) with Attachments, including Exhibit A Chart of Authorized Payments and Requested Funding, Exhibit B 9/12/14 Letter from Monterey Peninsula Regional Water Authority, Exhibit C 1/6/14 Letter from Monterey Peninsula Regional Water Authority and Exhibit D 9/30/14 Power Point Presentation by the Monterey Peninsula Regional Water Authority to the Monterey County Board of Supervisors, document is embedded.  And the Meeting Agenda – Final-revised document is embedded.  According to reporting in The Monterey County Herald, “the Board of Supervisors is scheduled to consider the authority's request for additional funding, and participation, from the county, including nearly $380,000 in past and future authority expenses.” Supervisor Dave Potter is requesting “a full accounting of the authority's past spending and future expenses, as well as the authority's strategic plan” beacuase of concerns about “mission creep and the prospect of funding another layer of bureaucracy.” Importantly, “Potter said the county remains in a holding pattern regarding direct participation on the authority board more than two years after allegations emerged that he would have a conflict of interest if he served.”

Source: 

Supervisors to consider Peninsula water authority funding request
Still no county member on authority board, spending report sought
By Jim Johnson

Monterey County

Monterey County Government Center

Board Chamber

168 W. Alisal St., 1st Floor

Salinas, CA 93901

Meeting Agenda - Final-revised

Tuesday, September 30, 2014

9:00 AM

Board of Supervisors

Chair Louis R. Calcagno - District 2

Vice Chair Simón Salinas - District 3

Supervisor Fernando Armenta - District 1

Supervisor Jane Parker - District 4

Supervisor Dave Potter - District 5

Roll Call

1:30 P.M. - Scheduled Matters

15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and

b. Provide direction regarding the County’s participation in and funding of the Authority.

Attachments:

Exhibit A

Exhibit B

Exhibit C

Exhibit D

BOS Legislation Details (With Board Report) With Attachments a-D 09-30-14

Legislation Details (With Board Report) with Attachments, including Exhibit A Chart of Authorized Payments and Requested Funding, Exhibit B 9/12/14 Letter from Monterey Peninsula Regional Water Authority, Exhibit C 1/6/14 Letter from Monterey Peninsula Regional Water Authority and Exhibit D 9/30/14 Power Point Presentation by the Monterey Peninsula Regional Water Authority to the Monterey County Board of Supervisors

Adjournment

REFERENCE:

BOS Agenda 09-31-14

Monterey County

Meeting Agenda - Final-revised

Tuesday, September 30, 2014

Board of Supervisors

Monterey Peninsula Water Supply Project, CEQA Environmental Review, CEQA Process Schedule, Draft EIR Publication ‘delayed "several months" beyond its September 30 public release date’

ABSTRACT: RE: STATE OF CALIFORNIA, PUBLIC UTILITIES COMMISSION, Monterey Peninsula Water Supply Project, CEQA Environmental Review, “The firm hired by the state Public Utilities Commission to conduct the project's environmental review said the draft report had been delayed "several months" beyond its Sept. 30 public release date. According to Monterey Peninsula Regional Water Authority executive director Jim Cullem, a representative from Environmental Science Associates called Friday with the news and also said the PUC's December hearings on the project would likely be delayed, perhaps for as long as three months,” according to reporting in The Monterey County Herald.  Additionally, "the Marina City Council has decided to hear Cal Am's appeal of the city Planning Commission's denial of a test well permit on September 3, 2014."

RELATED NEWS ARTICLES:
“Monterey Peninsula officials have already submitted a confidential proposal to extend the approaching deadline for complying with the state-ordered cutback in pumping from the Carmel River set to take full effect at the end of 2016, and are expecting to receive a counterproposal from the state water board by the end of the summer,” according to reporting in The Monterey County Herald.

PUC ALJ Angela Minkin “ruled that the consulting firm preparing the project's draft environmental impact report would be delayed four months until the end of January. That is expected to push a final PUC decision back about six months to the middle of next year and likely will also delay final completion of the project.”

Source: Bid to relax Carmel River cutback order announced

By Jim Johnson, 08/15/2014

Desal draft EIR release delayed; impact on schedule uncertain

Could push back project schedule by three months

By Jim Johnson, 08/12/14

STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION

Monterey Peninsula Water Supply Project

(Application A.12-04-019, filed April 23, 2012)

CEQA Environmental Review Pursuant to CEQA Guidelines Section 15162, the CPUC has determined that a Subsequent EIR is the appropriate level of CEQA review for the MPWSP. The MPWSP EIR will provide a comprehensive description and evaluation of all proposed components (including the new proposed elements and previously analyzed components) as the "whole of the action." The MPWSP EIR may evaluate alternatives not previously considered in the previous CWP EIR. If it is determined through the scoping process that additional federal review is required, CPUC will coordinate with the appropriate agency to comply with the National Environmental Protection Act (NEPA). CEQA Process Schedule (See ALJ Ruling dated January 27, 2013) Public Release of Notice of Preparation October 10, 2012 EIR Scoping Period (30 days) October 10, 2012 - November 9, 2012 Public Scoping Meetings October 24, 2012 and October 25, 2012 Draft EIR Publication 3rd Quarter 2014 Public and agency comment period Comments will be due 45 days following release of DEIR Public hearings on Draft EIR 4th Quarter 2014 Publication of Final EIR 1st Quarter 2015 EIR Certification & CPUC Decision 1st Quarter 2015

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT, SPECIAL JOINT MEETING Monterey Peninsula Water Supply Project, Governance Committee and Monterey Peninsula Regional Water Authority, AGENDA & MINUTES July 10, 2014

Governance Committee Agenda Packet 07-10-14

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
SPECIAL JOINT MEETING Monterey Peninsula Water Supply Project
Governance Committee and Monterey Peninsula Regional Water Authority AGENDA
July 10, 2014

  MPRWA Joint Meeting Minutes 07-10-14

DRAFT MINUTES, SPECIAL JOINT MEETING
Governance Committee and Monterey Peninsula Regional Water Authority
July 10, 2014

PUBLIC WATER NOW: What the Mayors really think about Cal Am! & Public Water Now Town Hall in Carmel on Oct 8, 2013 & Public Water Now Town Hall Meeting – Parts 1- 5 Videos

ABSTRACT: Videos published by PUBLIC WATER NOW, “a community-based organization dedicated to publicly owned water NOW on the Monterey Peninsula,” including "What the Mayors really think about Cal Am!" (Published on April 19, 2014; Monterey Peninsula Regional Water Authority General Meeting March 13, 2014), "Public Water Now Town Hall in Carmel on Oct 8th, 2013" (Published November 12, 2013) and "Public Water Now Town Hall Meeting – Parts 1- 5" (Published July 29, 2013; Presentation June 19, 2013) are featured.

What the Mayors really think about Cal Am!
(Published on April 19, 2014; Monterey Peninsula Regional Water Authority General Meeting March 13, 2014)

Public Water Now Town Hall in Carmel on Oct 8th, 2013
(Published November 12, 2013)

Public Water Now Town Hall Meeting - Part 1 of 5
(Published July 29, 2013; Presentation June 19, 2013)

Public Water Now Town Hall Meeting - Part 2 of 5
(Published July 29, 2013; Presentation June 19, 2013)

Public Water Now Town Hall Meeting - Part 3 of 5
(Published July 29, 2013; Presentation June 19, 2013)

Public Water Now Town Hall Meeting - Part 4 of 5
(Published July 29, 2013; Presentation June 19, 2013)

Public Water Now Town Hall Meeting - Part 5 of 5
(Published July 29, 2013; Presentation June 19, 2013)

PUBLIC WATER NOW on facebook

California American Slant Test Well: City of Marina City Council & Planning Commission, Monterey Peninsula Regional Water Authority & LAW OFFICES OF MICHAEL W. STAMP Letter to City of Marina Mayor & Members of the City Council

ABSTRACT:  Regarding California American Water Company’s Slant Test Well, City of Marina City Council AGENDA & MINUTES for REGULAR MEETING (November 7, 2012), Marina Planning Commission Goals for 2013, Projects Being Prepared Under a Fee Agreement (February 28, 2013), Monterey Peninsula Regional Water Authority Regular Meeting Minutes  (Thursday, March 14, 2013) and LAW OFFICES OF MICHAEL W. STAMP letter, dated April 17, 2013, to City of Marina Bruce Delgado, Mayor and Members of the City Council Re: Cal-Am Slant Well Application to City of Marina (Coastal Development Permit 201205) stating “Ag Land Trust strongly objects to any approval by the City of Marina for the pending Cal-Am Water slant well application...Should the City approve the slant well application, our client has authorized us to take all necessary legal action to prevent the harm that is reasonably likely to arise from the approval,” are presented. 

AGENDA

Wednesday, November 7, 2012 6:00 P.M.

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION,

AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY

Council Chambers

211 Hillcrest Avenue

Marina, California

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members) Nancy Amadeo, David W. Brown, James E. Ford, Mayor Pro-Tem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado

8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.

g. APPROVAL OF AGREEMENTS:

(1) City Council consider adopting Resolution 2012- , approving a Fee Agreement between the City of Marina and California American Water for provision of planning and attorney services related to review and processing of a slant test well project located at the north-west corner of the Lonestar California, Inc. site, Marina (APN’S 203-011-019 & 203-011-001), and; authorizing the Finance Director to make the appropriate accounting and budgetary entries, and; authorizing the City Manager to execute the Fee Agreement on behalf of City subject to final review and approval by the City Attorney.

MINUTES 

Wednesday, November 7, 2012 6:00 P.M. 

REGULAR MEETING 

CITY COUNCIL, AIRPORT COMMISSION, 

MARINA ABRAMS B NON-PROFIT CORPORATION, 

AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY 

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members)
MEMBERS PRESENT: Nancy Amadeo, David W. Brown, Mayor Pro-Tem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: James E. Ford (Excused)

8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.

g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution 2012-168, approving a Fee Agreement between the City of Marina and California American Water for provision of planning and attorney services related to review and processing of a slant test well project located at the north-west corner of the Lonestar California, Inc. site, Marina (APN’S 203-011-019 & 203-011-001), and; authorizing the Finance Director to make the appropriate accounting and budgetary entries, and; authorizing the City Manager to execute the Fee Agreement on behalf of City subject to final review and approval by the City Attorney.

 

  

Item No. 8g (1)

City Council Meeting of November 7, 2012

City of Marina

Staff Report, Theresa Szymanis, AICP, Planning Services Manager,RESOLUTION, “EXHIBIT A” DRAFT FEE AGREEMENT

Monterey Peninsula Regional Water Authority

Regular Meeting Minutes - Thursday, March 14, 2013

Report from Cal-Am Regarding Test Well Design, Development and Permitting 

Action: Update Provided by Cal Am Water Representative 

Cal Am Water Representative Catherine Bowie discussed changes that have occurred since the last Authority update. She reported that four of the six required permits have been submitted; the State Lands Commission and the Monterey Bay National Marine Sanctuary are outstanding. Construction of the test wells is on track to begin in November 2013 and the project is on track to meet the current construction schedule. Ms. Bowie then answered questions from the Authority.

Vice President Burnett added that with respect to the City of Marina application, it has not yet been approved due to an agreement with the Sierra Club. The permit requires any applicant requesting a Negative Declaration Environmental Impact Report (EIR) have approval from the Sierra club. Vice President Burnett has been working with Marina Mayor Delgado with respect to this requirement.

Congressman Farr is assisting with coordinating with the federal agencies for alignment of interest to expedite the permitting processes. 

President Della Sala opened the item to public comment and had no requests to speak.

 

LAW OFFICES OF MICHAEL W. STAMP Letter to City of Marina Bruce Delgado, Mayor and Members of the City Council, April 17, 2013

Re: Cal-Am Slant Well Application to City of Marina (Coastal Development Permit 201205)

RELATED NEWS ARTICLE:

Farmers threaten lawsuit over desal plant test well

By KELLY NIX

Published: April 26, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA WORKSHOP April 25, 2013

RELATED NEWS ARTICLE:
Carmel workshop solicits public concerns on latest water project
Public's concerns include fairness, financial risk
By JIM JOHNSON Herald Staff Writer, 04/25/2013

Excerpts Highlights: 

Sponsored by the Peninsula mayors water authority and the Monterey Peninsula Water Management District, the workshop was touted as a way for the public to address the issues in concert with the local public officials and a range of organizations who are formal participants in the state Public Utilities Commission review of the project proposal. Held at Carmel's Sunset Center, the event drew about 60 people.
Several residents questioned the wisdom of risking the public's money on a project facing a number of challenges with no public ownership stake and the spectre of paying "stranded costs" if the proposal falters. They also questioned the fairness of asking current ratepayers to pay higher water bills immediately for a savings benefit that will materialize over several decades.

CHANGE OF LOCATION:
Cal Am water project workshop moved to Carmel City Hall
The Monterey County Herald, 04/24/2013
A workshop aimed at seeking resolution of a number of issues around California American Water's proposed Peninsula water supply project will be held 9 a.m. Thursday at Carmel City Hall.

SPECIAL MEETING AGENDA WORKSHOP

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)

April 25, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) PROPOSED BUDGET FISCAL YEAR 2013-2014 & ADOPTED BUDGET – STATUS BUDGET

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) PROPOSED BUDGET FISCAL YEAR 2013-2014 & ADOPTED BUDGET – STATUS BUDGET (as of 3.12.13)

Four Noteworthy 5 March 2013 City Council Agenda Items

ABSTRACT: Four Noteworthy 5 March 2013 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, specifically Update of the City’s Water Allocation and review of the water requirements for the beach restroom project at the corner of Santa Lucia Avenue and Scenic Road. And Update on the Water Replacement Project and Consideration of a Resolution updating the City’s financial policies, are presented. Supporting materials are embedded.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

Regular Meeting

Tuesday, March 5, 2013

4:30 p.m., Open Session

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

Live & Archived Video Streaming

II. Roll Call

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

1. Potential Litigation - Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

2. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

3. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

C. Announcements from City Administrator.

5. Update of the City’s Water Allocation and review of the water requirements for the beach restroom project at the corner of Santa Lucia Avenue and Scenic Road.

    

VIII.   Orders of Council

A. Update on the Water Replacement Project.

 

B. Consideration of a Resolution updating the City’s financial policies.

  Consideration of a Resolution updating the City’s financial policies 03-05-13 

ADDENDUM:
Special Council Budget Workshop – 4:30 p.m.
Tuesday, March 19, 2013
Council Chambers

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA): Legal Argument that The County is Ineligible for Membership in the Authority According to California Government Code §1099, Agency Act, Attorney General Opinion 10-903 & MPWMD Act, § 118-203

ABSTRACT:  In the context of an anticipated California Attorney General Opinion in about one year regarding the legal issue of Incompatible Offices and the Monterey Peninsula Regional Water Authority’s appointment of Supervisor Dave Potter to the Mayor’s Water Authority Board of Directors and Governance Committee, a legal argument is presented arguing that The County is Ineligible for Membership in the Authority and Specific Disqualification of Supervisor Potter.  Supporting documents, namely Government Code §1099 is reproduced, the Monterey County Water Resources Agency Act, Water Code Appendix, Chapter 52 (the Agency Act) (Agency Act §52-71), Attorney General Opinion 10-903 and West's ANNOTATED CALIFORNIA CODES WATER CODE-APPENDIX Sections 108-1 to End (MPWMD Act, § 118-203) documents, are embedded. 

LEGAL ARGUMENT FOR INCOMPATIBLE OFFICES

The County is Ineligible for Membership in the Authority

Next, even under the best of intentions, the County is not eligible to join the Authority under the JPA. Supervisor Potter, himself, is specifically ineligible to serve on the Authority board as a representative of the County on independent grounds. These findings are based upon Government Code §1099, related conflict of interest considerations and the MPWMD Law.

The JPA envisions a future water regime that would include the Authority working with agencies such as MPWMD, the Monterey County Water Resources Agency (MCWRA), the County and others, under a comprehensive water management plan. Ultimately such an integrated county-wide water management system represents the only conceivable solution to the water crisis. But the Authority must establish itself first under the terms of its own Agreement. Its members must make several fundamental decisions specifically requiring only their own consensus. It is not until then that the Authority can effectively engage with outside agencies and private interests.

Consequently, no member of the Board of Supervisors may serve on the Authority. Again, Government Code § 1099 applies. However, more specifically, the County is conflicted out of Authority membership based upon the Board of Supervisor's role as a supernumerary to MCWRA under the Monterey County Water Resources Agency Act, Water Code Appendix, Chapter 52 (the Agency Act). In particular, Agency Act §52-71, provides:

Sec. 71. Duties of Supervisors concerning litigation.

(a) The Board of Supervisors are [sic] responsible for the initiation and the conduct of any litigation by the Agency and for the settlement of any litigation.

Consequently, the Board of Supervisors would be directly involved in litigation and settlement activities if any action were to arise between the Authority and MCWRA' In anyone's reasonable estimation, such an action must be considered fairly likely. This, under an Attorney General Opinion 10-903 analysis and general conflict of interest principles, clearly precludes the County's direct participation in Authority activities.

The JPA foresees the County as ultimately an essential ally. By its terms it provides a very effective alternative to direct County membership. Paragraph 4.20 of Article 4 states that the Authority has the power:

To organize and/or participate with local agencies to form a water management group to develop and implement an Integrated Water Management Plan pursuant to Water Code sections 10530 et seq.

This is the basis for future county-wide cooperation, which is not only desirable, but ultimately essential, to resolution of the water crisis. The JPA provides a strong basis for the success of such a program, with the mayors taking the initiative on behalf of municipal water users.

Specific Disqualification of Supervisor Potter

On narrower grounds, Supervisor Potter is prima facie ineligible to serve on the Authority board. This is because, unlike Mayor Pendergrass, Mr. Potter may not forfeit his MPWMD seat.  His unique role under the MPWMD Law is that he, or his successor, is the only supervisor eligible to serve on the MPWMD board. [MPWMD Act, § 118-203] It is impossible for him to leave the MPWMD board without removal from office as a member of the Board of Supervisors.

Source: Letter to Donald G. Freeman from THE THOMPSON LAW OFFICE, Richard Glenn, Re: Monterey Peninsula Regional Water Authority (Authority) Issues, October 11, 2012.

GOVERNMENT CODE SECTION 1099 

1099.  (a)  A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two public offices that are incompatible. Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law:

   (1) Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body.

   (2)  Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices.

   (3) Public policy considerations make it improper for one person to hold both offices.

   (b) When two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second. This provision is enforceable pursuant to Section 803 of the Code of Civil Procedure.

   (c) This section does not apply to a position of employment, including a civil service position.

   (d) This section shall not apply to a governmental body that has only advisory powers.

   (e) For purposes of paragraph (1) of subdivision (a), a member of a multimember body holds an office that may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over another office when the body has any of these powers over the other office or over a multimember body that includes that other office.

   (f) This section codifies the common law rule prohibiting an individual from holding incompatible public offices.

AGENCY ACT

 

Monterey County Water Resources Agency Act, Water Code Appendix, Chapter 52 (the Agency Act) (Agency Act §52-71)

 52-71 Duties of Supervisors concerning litigation

Sec. 71.  Duties of Supervisors concerning litigation.

     (a) The Board of Supervisors are responsible for the initiation and the conduct of any

litigation by the Agency and for the settlement of any litigation.

     (b) The Directors or general manager shall refer all matters with respect to which litigation is  likely to the Board of Supervisors.

     (c) The chairperson of the Directors, or his or her designee, may be present during a closed  session held by the Board of Supervisors to consider matters pertaining to litigation affecting the  Agency.

ATTORNEY GENERAL OPINION NO. 10-903

 

Attorney General Opinion No. 10-903

WEST'S ANNOTATED CALIFORNIA CODES WATER CODE APPENDIX Sections 108-1 to End

 

West's ANNOTATED CALIFORNIA CODES WATER CODE-APPENDIX Sections 108-1 to End (MPWMD Act, § 118-203)

ADDENDUM:

Doctrine of Incompatible Offices

State of California Department of Justice

Office of the Attorney General

Monterey County Board of Supervisors Meeting AGENDA ITEM Monterey Peninsula Water Supply Project Governance Committee & Board of Supervisors of the Monterey County Water Resources Agency Closed Session Meeting AGENDA ITEM regarding California-American Water Company, 12 February 2013

RELATED NEWS ARTICLE: 
Supervisor Dave Potter named Monterey County representative for desal panel 
Salinas named alternate
By JIM JOHNSON Herald Staff Writer, 02/13/2013
Excerpts Highlights:
"Supervisor Dave Potter was chosen Tuesday to represent the county's interests on a proposed public governance committee that would be charged with oversight of California American Water's proposed desalination plant."
"Originally proposed and ultimately approved on Jan. 31 by the Peninsula mayors' water authority, the three-person committee would include members representing the Monterey Peninsula Water Management District and the Peninsula Water Authority."
"The supervisors agreed Tuesday to support in principle a position statement proposed by the mayors' authority regarding Cal Am's project, including a set of conditions such as requiring a public contribution of funds designed to lower project costs and fully developed alternative source water intake plans. But the supervisors stopped short of adopting the conditions to avoid breaching the terms of the county's settlement agreement with Cal Am involving the regional project, McKee said."

ABSTRACT: On February 12, 2013, the Monterey County Board of Supervisors is scheduled to consider Meeting Agenda Item Monterey Peninsula Water Supply Project Governance Committee. The Report RECOMMENDATION: 

It is recommended that the Board of Supervisors:
1. Approve the Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee and authorize the Chair to execute the agreement.
2. Appoint one Supervisor as a member and one Supervisor as an alternate to the Governance Committee.
3. Support, in concept, the principles of the Monterey Peninsula Regional Water Authority’s Position Statement (labeled “Deliberative Document”).
And SUMMARY:
The Monterey Peninsula Water Supply Project Governance Committee is intended to provide public oversight of the proposed project. The Committee is to be composed of members from the Monterey Peninsula Regional Water Authority (MPRWA), the Monterey Peninsula Water Management District (MPWMD), California American Water Company (CAW) and the County of Monterey. The agreement has been or is expected to be approved by all parties within the next few weeks. In addition, the MPRWA has adopted a Position Statement (labeled “Deliberative Document”) that they would like your Board to support.
Attachment 1 Water Authority Position Statement 2013-01-31 and Attachment 2 MPWSP Governance Committee Agreement are embedded.
The Board of Supervisors of the Monterey County Water Resources Agency is also scheduled to consider Closed Session Meeting Agenda Item regarding California-American Water Company; the Agenda is embedded.
Note: Meeting Videos, Board of Supervisors of the Monterey County Water Resources Agency& Board of Supervisors

Monterey County

Monterey County Government Center

Board Chamber

168 W. Alisal St., 1st Floor

Salinas, CA 93901

Meeting Agenda - Final-revised

Tuesday, February 12, 2013

9:00 AM

Board of Supervisors

Chair Fernando Armenta - District 1

Vice-Chair Louis R. Calcagno - District 2

Supervisor Simón Salinas - District 3

Supervisor Jane Parker - District 4

Supervisor Dave Potter - District 5

Roll Call

10:30 A.M. - Scheduled Matters

10.3

1. Consider approving the Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee and authorize the Chair to execute the agreement.

2. Appoint one Supervisor as a member and one Supervisor as an alternate to the Governance Committee.

3. Consider supporting, in concept, the principles of the Monterey Peninsula Regional Water Authority’s Position Statement. (Added via Addendum)

Attch 1 Water Authority Position Statement 2013-01-31

Attch 2 MPWSP_Governance_Committee_Agreement

Attachment 1 Water Authority Position Statement 2013-01-31 

Attachment 1 Water Authority Position Statement 2013-01-31

Attachment 2 MPWSP Governance Committee Agreement 

Attachment 2 MPWSP Governance Committee Agreement

Monterey County

Monterey County Government Center

Board Chamber

168 W. Alisal St. 1st Floor

Salinas, CA 93901

Meeting Agenda - Final-revised

Tuesday, February 12, 2013

9:00 AM

Board of Supervisors of the Monterey County Water

Resources Agency

Roll Call

1. Closed Session under Government Code section 54950, relating to the following items:

b. Pursuant to Government Code section 54956.9(d), the Board will confer with legal counsel regarding existing litigation:

(1) In the Matter of the Application of California-American Water Company (Application 04-09-019)

(2) Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project: Application 12-04-019

(3) California-American Water Company v. Marina Coast Water District, et al. (Monterey County Superior Court case no. M120053)

Board of Supervisors of the MCWRA 02-12-13 

Board of Supervisors of the Monterey County Water Resources Agency

Meeting Agenda - Final-revised

Tuesday, February 12, 2013 9:00 AM

Monterey Peninsula Water Management District (MPWMD) Board of Directors: AGENDA ITEMS Receive Public Comment and Consider Changes to Project Sizing by California American Water, Additional Discussion of Proposed Surcharge 2 – Collection of Project Costs During Construction Period & Consider General Statement of District Position on California American Water Application No. 12-04-019 to Construct the Monterey Peninsula Water Supply Project, 12 February 2013

RELATED NEWS ARTICLES: 
Water agencies united on conditions for Cal Am desal project

Officials to testify before PUC

By JIM JOHNSON Herald Staff Writer, 02/13/2013

Excerpts Highlights:

"Area officials are poised to present a united front on California American Water's proposed water supply project in testimony to the state Public Utilities Commission next week, agreeing on demands for public oversight and other conditions."

"During a special meeting late Tuesday, the Monterey Peninsula Water Management District board of directors became the third local agency to unanimously back a call by Peninsula mayors for Cal Am's desal plant to meet certain conditions before earning the PUC's approval."

"Cal Am's board of directors agreed to the governance committee's proposal early Wednesday."

"Testimony is due Feb. 22 from participants in the PUC project review process. Evidentiary hearings are set for April 2-5 and April 8-11 at PUC headquarters in San Francisco."

Monterey Peninsula water district sets special meeting on Cal Am desal project 
Board to consider making 'general statement;' may revisit controversial desal proposals
By JIM JOHNSON Herald Staff Writer, 02/08/2013

Excerpts Highlights:

“According to a staff report, district General Manager Dave Stoldt is recommending the board offer conditional support for Cal Am's project based solely on its previously approved conditions.”

“The special meeting agenda also calls for revisiting a pair of proposals by Cal Am that some consider controversial: an increase in the size of the company's proposed desal plant and implementation of a $99 million surcharge on Peninsula water customers' bills to help fund the project.”

“The district board on Tuesday is also set to consider a report on projected demand for legal lots of record.”

“District staff is planning for an alternative desal project in case Cal Am's proposal falls through.”

ABSTRACT: Pertinent Agenda Items of the Special Meeting of the Board of Directors, Monterey Peninsula Water Management District, February 12, 2013, related to water, are presented. Specifically, Receive Public Comment and Consider Changes to Project Sizing by California American Water, Additional Discussion of Proposed Surcharge 2 – Collection of Project Costs During Construction Period and Consider General Statement of District Position on California American Water Application No. 12-04-019 to Construct the Monterey Peninsula Water Supply Project. EXHIBIT 5-A Position Paper Adopted by MPRWA January 31, 2013, EXHIBIT 5-B Draft Governance Committee Agreement and EXHIBIT 5-C Public Contribution of Funds Proposal are embedded.
Note: MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

Live webcast at www.ampmedia.org on the Monterey Channel Live

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

REVISED AGENDA

Special Meeting

Board of Directors

Monterey Peninsula Water Management District

******************

Tuesday, February 12, 2013, 6:00 PM

Conference Room, Monterey Peninsula Water Management District

5 Harris Court, Bldg G, Monterey, CA

Staff notes for the 6 PM agenda items will be available on the District web site at http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2013/2013.htm

by 5 PM on Friday, February 8, 2013.

Board of Directors

David Pendergrass, Chair – Mayoral Representative

Brenda Lewis, Vice Chair – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Jeanne Byrne – Division 4

Robert S. Brower, Sr. – Division 5

David Potter – Monterey County

Board of Supervisors

General Manager

David J. Stoldt

ACTION ITEMS -- Public comment will be received on each of these items.  Please limit your comment to three (3) minutes per item.

3  Receive Public Comment and Consider Changes to Project Sizing by California American Water

Action:  The Board will receive public comment and then determine if it would like to adopt a formal position of support, disagreement, or neutrality, and direct staff to include in District testimony to the California Public Utilities Commission.

ITEM:		ACTION ITEM
3.	RECEIVE PUBLIC COMMENT AND CONSIDER CHANGES TO PROJECT SIZING BY CALIFORNIA AMERICAN WATER
Meeting Date:			February 12, 2013	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item:
Prepared By:			David J. Stoldt	Cost Estimate:	None
General Counsel  Review:  N/A
Committee Recommendation:  N/A
CEQA Compliance:  N/A

SUMMARY: At the January 30, 2013 Board meeting, the Board directed staff to include several positions in the District testimony due February 22, 2013 in the proceeding of A.12-04-012 at the California Public Utilities Commission (CPUC.)  The Board, however, desired greater public input with respect to the sizing of the desalination plant capacity.

Cal-Am indicated that it was increasing the size of the proposed desalination facilities to incorporate replenishment of the Seaside Basin, as well as potential demand they had previously not included in the project sizing.  These include build-out of the Pebble Beach project the EIR for which was certified by the County last summer, the potential “bounce back” in tourism resulting from economic recovery and utilizing existing visitor-serving capacity, and legal lots of record.  These additions are shown in the table below:

Estimated Demand –Mid Range (AFY)	15,296
5yr Average (AFY)	13,290
Pebble Beach (AFY)	325
Tourism Bounce Back (AFY)	500
Lots of Record (AFY)	1,181

The resulting revised facility size is 6,252 AF with GWR, or 9,752 without GWR.

RECOMMENDATION:  The Board should discuss and determine if it would like to adopt a formal position of support, disagreement, or neutrality.  Such position will be incorporated into District testimony to be filed in February.

BACKGROUND:  As part of its application, Cal-Am indicated it needed new supplies of 9,006 acre foot per year (AFY) in order to meet an annual estimated demand of 15,250 AFY. This estimated demand was derived from the last Environmental Impact Report (“EIR”) and was the amount agreed upon by the parties in the settlement adopted in decision D.10-12-016.

Since Cal-Am filed its application, a couple of items have been brought to their attention that merits an adjustment to the estimated annual demand. These changes are as follows:

• A payback schedule for the Seaside Groundwater Basin was set at 25 years. Essentially, this reduces the available supply from the Seaside Basin from 1,474 AFY to 774 AFY.

• The tourism industry pointed to recent reductions in their occupancy rates that will come back and since they are existing customers, the use of a 5-year historical average may not reflect their true demand. Cal-Am reviewed past water use by commercial class users and has allocated 500 AFY for this updated demand return.  MPWMD staff analysis of this amount indicates that it may overstate the water demand that might result from economic recovery.  The analysis is attached as Exhibit 3-B.

• Cal-Am has included an additional 325 AFY of potable water demand that needs to be included for the recently approved Pebble Beach build-out.

• Cal-Am provided the estimated demands for the Lots of Records (LOR) of 1,181 AFY. This number is derived from the October 2009 Coastal Water Project Final Environmental Impact Report and cites Cal-Am’s 2006 Urban Water Management Plan (UWMP) referencing a 2001 District analysis as the source.   The District does not certify that the 1,181 AFY value is valid.  In fact, it was cited from an interim period between the Land Systems Group Phase II reports of August 2000 and June 2002 discussed under “2000 Land Systems Group Report” in Exhibit 3-A attached.  The District does not recommend continued use of this number.  Instead, the District will examine the results of the “2004-06 Future Water Needs Study” background data and attempt to break out legal lots of record and present those results at the February 12, 2013 Board meeting.

As part of their supplemental testimony, Cal-Am has re-evaluated the plant size to accommodate the above listed supply and demand changes with the assumption that current demands remain equal to the 5-year historical average which is approximately 13,290 AFY.

Summed up, the revised demands are 15,296 AFY, however, due to the reduction in the Seaside Basin supply, the desal plant needs to be sized larger by approximately 700 AFY or 0.6 million gallons per day (MGD) to account for the reduction in supply. Please refer to Exhibit 3-C which is a plant sizing memorandum from RBF Consulting dated January 7, 2013 that discusses the updated sizing of the plant with and without the Groundwater Replenishment (GWR) project.

The resulting revised facility size is 6,252 AF with GWR, or 9,752 without GWR.

EXHIBITS

3-A      Overview of Legal Lots of Record Documentation

3-B      MPWMD Analysis of Hospitality Bounce-Back

3-C      Plant Sizing Memorandum

4.  Additional Discussion of Proposed Surcharge 2 – Collection of Project Costs During Construction Period

Action:  The Board will receive public comment, discuss the issue and determine if action is needed.

5.  Consider General Statement of District Position on California American Water Application No. 12-04-019 to Construct the Monterey Peninsula Water Supply Project

Action:  The Board will receive public comment and then determine if it will state a position in its testimony on the application by California American Water.

ITEM:		ACTION ITEM
5.	CONSIDER GENERAL STATEMENT OF DISTRICT  POSITION ON CALIFORNIA AMERICAN WATER  APPLICATION NO.12-04-019 TO CONSTRUCT THE  MONTEREY PENINSULA WATER SUPPLY PROJECT
Meeting Date:			February 12, 2013	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item:
Prepared By:			David J. Stoldt	Cost Estimate:	None
General Counsel  Review:  N/A
Committee Recommendation:  N/A
CEQA Compliance:  N/A

SUMMARY:  At the January 30, 2013 Board meeting, the Board directed staff to include several positions in the District testimony due February 22, 2013 in the proceeding of A.12-04-012 at the California Public Utilities Commission (CPUC.)  The Board, however, desired greater public input with respect to the sizing of the desalination plant capacity (Item 3 on this Agenda) as well as a general statement on the District’s position on the application - support, not support, conditional support, or neutrality.

RECOMMENDATION:  The Board should determine if the District supports, does not support, conditionally supports, or is neutral with respect to Cal-Am’s application.  The General Manager recommends qualified or conditional support based on Cal-Am’s incorporation of the governance and financial proposals the District made in its October 1 Public Participation filing and reaffirmed at the January 30, 2013 Board meeting (see Exhibits 5-B and 5-C).  The Board may wish to include other items in a manner similar to the position statement approved January 31, 2013 by the Mayor’s Monterey Peninsula Regional Water Authority and attached hereto as Exhibit 5-A. 

EXHIBITS

   MPWMD Exhibit 5-A by  

5-A      Position Paper Adopted by MPRWA January 31, 2013

   MPWMD EXHIBIT 5-B by  

5-B      Draft Governance Committee Agreement

   MPWMD Exhibit 5-C by  

5-C      Public Contribution of Funds Proposal