Monterey Peninsula Regional Water Authority

MINUTES MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) Special Director's Meeting 4:00 PM, Thursday, March 24, 2016 MONTEREY COUNCIL CHAMBERS 580 PACIFIC STREET, MONTEREY MONTEREY, CALIFORNIA ROLL CALL Directors Present: Director Downey, Director Edelen, Director Kampe, Director Pendergrass, Director Rubio, Director Burnett Staff Present: Executive Director Cullem, Legal Counsel, Clerk President Burnett called meeting to order at 4:00pm PLEDGE OF ALLEGIANCE REPORTS FROM BOARD DIRECTORS AND STAFF President Burnett asked for any reports from the board and staff, and receiving none, closed reports from board and staff. PUBLIC COMMENTS President Burnett opened public comment:  Tom Rowley representing MPTA thanked President Burnett for his service to MPRWA. Receiving no further requests to speak, President Burnett closed public comments. AGENDA ITEMS 1. Consideration of Water Authority Approval for the Funding, Preparation and Filing of an Amicus Brief in Appeals Court Case H042742, Marina Coast Water District vs California Coastal Commission Action: Approved funding to file Amicus Brief Don Freeman reported that that the Marina Coast Water District (MCWD) declined to allow slant test wells and the decision was appealed by the California Coastal Commission, who then gave California American Water (Cal Am) the authority to go forward with the slant test wells in Marina. The MCWD appealed that decision saying the Coastal Commission has no jurisdiction in the City of Marina and gave Cal Am a Cease and Desist Order for the slant test wells. Cal Am has asked the Authority to submit an Amicus brief in Appeals Court Case H042742, which is due tomorrow, to assist with appealing the decision of the MCWD and allow Cal Am to proceed with the slant test wells in Marina. Additional funds in the order of $2,000-$3,000 for the Authority reserve account would be required for special counsel to prepare and file the brief.  MPRWA Minutes Thursday, March 24, 2016 The Board discussed the legal issues between the Marina Coast Water District and the Agency Act. Don Freeman said that filing the Amicus Brief on behalf of Cal Am would be consistent with the Authority’s scope and practice. He added if the MCWD is successful in preventing the slant test wells in Marina it will cause major delays in the Monterey Peninsula Water Supply Project (MPWSP), so it would be in the Authority’s best interest to file the Amicus Brief. President Burnett clarified that the slant test well in Marina is squarely relevant to the water supply, because it is the source water for the MPWSP. He said the Authority has a vested interest in seeing that the slant test wells are successful. President Burnett opened public comment:  Tom Rowley, representing Monterey Peninsula Taxpayers Association, said that if Cal Am loses ability to use the water from the slant wells the desal plant won’t have source water for the water project. Receiving no further requests to speak, President Burnett closed public comments. On a motion by Director Edelen, seconded by Director Rubio, and carried by the following vote, the Monterey Peninsula Regional Water Authority approved the Water Authority to Fund the Preparation and Filing of an Amicus Brief in Appeals Court Case H042742, Marina Coast Water District vs California Coastal Commission: AYES: 6 DIRECTORS: Downey, Edelen, Kampe, Pendergrass, Rubio, Burnett NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None 2. Consideration of Water Authority Approval to Co-File a Motion with the CPUC, Along with a Number of Other Settling Parties, for an All-Parties Hearing on the Recently Delayed CPUC EIR/EIS Schedule Action: Executive Director Cullem said that the California Public Utilities Commission (CPUC) sent out a “Notice to All Parties” that the schedule for the completion of the Environmental Impact Report (EIR) would be delayed until November 2017. He added that this situation would cause a significant threat the Community’s water supply. To address the problem, a number of settling parties would need to file a motion to the CPUC by March 25th. President Burnett said that upon hearing of this news he reached out the CPUC Director Tim Sullivan and Congressman Sam Farr for support. The CPUC responded that they don’t believe there's an ability to tighten the schedule to complete the EIR, but gave no reason for the delay. The delay in the EIR means the cease and desist order (CDO) against drawing water from the Carmel River could be acted on before the first MPWSP milestone is reached, and thus lead to water rationing and a 40% rate increase for ratepayers. This EIR schedule change appears to have no justification and would be very problematic for the community. Monterey Peninsula Regional Water Authority Special Director's Meeting Minutes - Thursday, March 24, 2016 2 MPRWA Minutes Thursday, March 24, 2016 President Burnett opened public comments:  Paul ____________ , representing the Federal Government, said they will do whatever they can to help expedite the EIR schedule.  Bridget _____________, representing the Federal Government, said they are working with the CPUC and are committed to getting through the EIR approval process as quickly as possible. Receiving no further requests to speak, President Burnett closed public comments. Director Kampe left the meeting at 4:31pm, but stated that he supports filing the joint motion with CPUC. President Burnett opened public comments: .  George Riley, MPRWA Technical Advisory Committee Member, questioned what the facts are, and said there seems more inference than evidence. Receiving no further requests to speak, President Burnett closed public comments. Executive Director Cullem said the CPUC needs to identify what is causing the delay in the EIR so the Authority can respond appropriately. Director Edelen voiced support of the staff recommendation. On a motion by Director Downey, seconded by Director Edelen, and carried by the following vote, the Monterey Peninsula Regional Water Authority approved the Co-Filing of a Motion with the CPUC, Along with a Number of Other Settling Parties, for an All-Parties Hearing on the Recently Delayed CPUC EIR/EIS Schedule: AYES: 5 DIRECTORS: Downey, Edelen, Pendergrass, Rubio, Burnett NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Kampe ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None ADJOURNMENT Meeting adjourned at 4:37pm ATTEST: Nova Romero, Clerk of the Authority MPRWA President Monterey Peninsula Regional Water Authority Special Director's Meeting Minutes - Thursday, March 24, 2016 3