Monterey Peninsula Regional Water Authority

DRAFT REGULAR MEETING MINUTES MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) Thursday, August 23, 2012 1. CALL TO ORDER The MPRWA regular meeting of Thursday, August 23, 2012 was held at the Seaside City Council Chambers and was called to order at 6:05 p.m. by President Chuck Della Sala. 2. ROLL CALL AND INTRODUCTIONS Roll call was taken and a quorum established with the following members in attendance: PRESENT: President Chuck Della Sala, Monterey; Vice President Felix Bachofner, Seaside; Directors Jerry Edelen, Del Rey Oaks; Carmelita Garcia, Pacific Grove; David Pendergrass, Sand City; Vice Mayor Kenneth Talmage, served as the alternate in place of Director Jason Burnett, Carmel. Others: Interim Executive Director, John Dunn; Interim Agency Attorney, Don Freeman; TAC Representative, Dave Stoldt; Acting Agency Clerk, Samantha Sakhrani. 3. PLEDGE OF ALLEGIANCE Director Edelen led the attendees in the Pledge of Allegiance. 4. REPORTS FROM MEMBERS OF THE AUTHORITY BOARD AND STAFF Director Garcia – Nothing to report; anticipated report in regards to special elections and related estimated costs. President Della Sala – Along with Director Burnett met with the SPI consulting team on August 16, 2012. Topics covered included formation purpose; composition of the Joint Powers of Authority; scope of services that SPI will provide; use of sub-consultants, in particular the Environmental and Permitting Consultants that might be necessary; the schedule of a 4-6 weeks period of time that it may take for SPI to return to the Board with an evaluation of the three (3) desalination projects being proposed. There were no reports from staff. 5. RECEIVE REPORT FROM TAC A. Consider Qualitative Risk Assessment MPRWA TAC Committee Chair, David Stoldt, stated there was no transmittal to report but that he did have a discussion on how to best summarize the data and create a transmittal to the Authorities at the  DRAFT MPRWA Regular Meeting Minutes August 23, 2012 Page 2 of 6 last TAC meeting. Mr. Riley working on new draft for TAC review and distribution to the Board. Directors discussed transparency of the TAC; benefits of waiting for SPI analysis and potential missing components of financing, permitting and environmental risk assessment. Mr. Stoldt responded to the members. B. Working with SPI Consultants MPRWA TAC Committee Chair, Dave Stoldt, presented the report. Members of TAC Committee visited all sites and re-examined the data; invited SPI consultants to meeting and discussed: Qualitative Risk Assessment; Scope of services and related costs; Identified lack of resources in the areas of Financing, Permitting and Environmental Risk Assessment. Mr. Stoldt asked the Board to authorize the hiring of Kris Helm, to evaluate Permit Requirements and Environmental Assessment as a component of the Analysis of the three proposed Desalination Projects. President Della Sala opened the floor for public comment.  Rudy Fisher – Suggested Authority explore the option of solar power plants for cost efficiency. No further comments, public comment closed. M/S/C (GARCIA/BACHOFNER) to hold a special meeting for Monday, August 27th at the Seaside City Council Chambers at 6:00 p.m. for one item for the approval of Kris Helm Consulting. MOTION CARRIED (6-0-0-0) 6. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA President Della Sala opened the meeting to public comment.  Tom Rowley – Asked Authority to clarify regarding the filling of vacancy on the Board; urged the Board to hire consultant quickly. No further comments, President Della Sala closed public comment. 7. APPROVAL OF MINUTES  DRAFT MPRWA Regular Meeting Minutes August 23, 2012 Page 3 of 6 M/S/C (PENDERGRASS/BACHOFNER) motion to approve August 9th minutes and ask staff to listen to the tape of the August 1st meeting and incorporate some of the comments that Director Bachofner had regarding Base Consulting. MOTION CARRIED 5-0-1 (ABSTAIN, TALMAGE) -0. Vice-President Bachofner concerned that significant comments he made were not captured in the August 1st minutes in reference to discussion item Base Consulting. 8. BUSINESS ITEMS A. Reports by Cities on Contributions to MPRWA Budget. Interim Executive Director, John Dunn, explained that the Board was requested to take the adopted budget and allocated amount to their agency and if invoices are needed, such as the City of Sand City, the City of Seaside will provide invoices upon request. Director Edelen - Requested an invoice for the City of Del Rey Oaks. Vice-President Bachofner - City of Seaside approved the budget. Director Garcia - City of Pacific Grove approved the additional funds at meeting of August 15; requested an invoice be sent. President Della Sala opened the floor for public comments; there were none, public comment closed. B. Request of the City of Seaside to Make Statement on City’s Position. Vice – President Bachofner reported the City of Seaside had extensive discussions related to water and the MPRWA. The Seaside Council requested Mayor Bachofner clarify position in regard to water issues. That is, Seaside’s interest is not only to replace water but to have water sufficient for growth for future and current development plans. Vice- President Bachofner clarified Seaside was not urging the Authority to change its position immediately, but wants all other cities on the Monterey Peninsula to understand the City of Seaside advocates strongly for not just replacement of water in the future, but for growth water as well. President Della Sala thanked Vice-President Bachofner for his statement. He stated the Authority took action in its policy to limit the water supply to replacement and replenishment, not water for growth. In order to provide water for growth, the Authority will have to hold an  DRAFT MPRWA Regular Meeting Minutes August 23, 2012 Page 4 of 6 extensive discussion to change its direction. President Della Sala opened the floor for public comment.  Nelson Vega – Addressed his concern of the lack of support the Director’s have in issuing Seaside additional water for growth; Seaside does not have a built-up community and asked neighboring cities to support Seaside in becoming self-sufficient.  Tom Rowley – Asked the Authority to seek assistance in providing information to the community and organizations in order to obtain involvement and awareness.  George Riley – Stated the hybrid plan is more acceptable than the Director’s portfolio approach. No further comments, public comment closed. The Directors commented on the public comments and questions. Director Garcia commented on item 7 of the March 8, 2012 staff report; concerned report addresses replacement water only; requested copy of staff report be distributed and asked that it be a future agenda item for discussion. Vice - President Bachofner clarified the Seaside Council has not asked for the Authority to take a different direction, they want the Authority to be aware that the City of Seaside is looking for water for growth in the future. C. Request of the City of Pacific Grove Regarding Recording of Ad Hoc Committee Meetings Director Garcia presented her statement in requesting the Ad Hoc meetings, in particular meetings on governance, be recorded and retained for 60 days so that it is available for any member of the public. Seaside City Attorney Freeman stated not legally required to record the meetings. If the Authority is appointing an Ad Hoc Committee as a Board or Authority, it will be subject to the Brown-Act and open to the public. He suggested minutes be taken at all Ad Hoc Committees and clarified Board as a whole can not appoint a committee. The difference of an Ad Hoc Committee is to report information and does not make any decisions. A Standing Committee is appointed by the Board as a whole  DRAFT MPRWA Regular Meeting Minutes August 23, 2012 Page 5 of 6 and is governed by the Brown Act. President Della Sala stated he will invite Director Garcia in every Ad Hoc meeting regarding the topic on governance. President Della Sala opened the floor to public comment.  George Riley – Stated opinion that the Mayors of Carmel and Monterey have isolated their role in the Ad Hoc Committee and there is a lesser role in governance than the public was expecting.  Bill Lude - Suggested to the Authority that an Ad Hoc Committee be created at a public meeting.  Nelson Vega – Addressed the Authority in reminding them their purpose was for transparency.  Helm – Stated concerns to the Authority to give the public an equal opportunity to understand what discussions are taking place. No further comments, public comment closed. 9. INFORMATION ITEMS A. Solicitation for Legal Counsel Seaside City Attorney Don Freeman reported five (5) proposals have been submitted. Monterey City Attorney Christine Davi will prepare the proposals in a binder once the recruitment is closed and will forward to the Ad Hoc Committee. B. Monterey Assuming Clerical Duties Interim Executive Director, John Dunn presented the staff report and informed the Authority that City Clerks of Seaside and Monterey are holding a transitional meeting next week to transfer clerical duties. C. Solicitation for Executive Director Interim Executive Director, John Dunn, reported that the City of Monterey Human Resources Division is handling the recruitment and a total of ten (10) applications have been received with the closing deadline being August 24. All applications received will be transmitted  DRAFT MPRWA Regular Meeting Minutes August 23, 2012 Page 6 of 6 to Ad Hoc Committee for review with objective to present Ad Hoc’s recommendation to the Authority at the September 13, 2012, meeting. President Della Sala opened the floor for public comment; being none, public comment closed. 10. SUGGESTED ITEMS FOR NEXT OR FUTURE AGENDA No suggestions were made. 11. DETERMINE TIME AND PLACE OF NEXT MEETING The special meeting of the Monterey Peninsula Regional Water Authority will be held at 6:00 p.m., at the Seaside City Hall Council Chambers on Monday, August 27, 2012. 12. ADJOURNMENT The meeting was adjourned at 7:45 p.m. Respectfully submitted, _______________________________ Samantha Sakhrani Acting Agency Clerk ATTEST: _____________________________ Chuck Della Sala President