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Directors Present: Director Rubio, Director Edelen, President Kampe, Director Dallas, Director
Roberson, Director Carbone
Directors Absent: None
Staff Present: Executive Director Cullem, Legal Counsel Freeman, Special Legal Counsel
McGlothlin, Clerk Romero
CALL TO ORDER
ROLL CALL
Director Edelen said that he enjoys having the MPRWA meetings at noon.
None
Don Freeman reported that the Authority Directors received an update on the status of the
negotiations and provided direction to legal counsel.
CONSENT AGENDA
PUBLIC COMMENT
None
MPRWA Minutes Thursday, February 15, 2018
On a motion by Director Carbone, seconded by Director Rubio, and carried by the following
vote, the Monterey Peninsula Regional Water Authority Continued the Approval of Minutes to
March 8, 2018:
On a motion by Director Carbone, seconded by Director Rubio, and carried by the following vote,
the Monterey Peninsula Regional Water Authority Continued the Approved the Authority Checks
through January 31, 2018:
AGENDA ITEMS
3. Discuss MPRWA's Policies and Positions and Consider Changes as Appropriate in Light of
Information Provided by Legal Counsel During Closed Session
Action: Noted that the Authority is operating within policy; no action taken
PUBLIC COMMENT:
• Keith Van Der Maatten, Marina Coast Water District (MCWD), says he appreciates how
the Authority has proceeded with coming to an agreement. He said he hopes that the
Authority can continue to work through and come to a solution and that he appreciates
the hard work.
• Tom Rowley, Monterey Peninsula Taxpayers Association (MPTA), said there was an
article in the paper about there being a grant to help pay for Ground Water
Replenishment (GWR). He said that we need a long-term sustainable solution and that
he hopes that whatever was discussed in closed session stays on track with the
progress that has been made.
• John Narigi, Monterey Peninsula Business Coalition, he says he hopes that the closed
session discussion is moving towards continuing the forward with the water supply
project.
President Kampe noted that the Authority is still operating consistently with the MPRWA
policies and looking towards the future. No further discussion, no action taken on this item.
4. Receive Report and Provide Staff and Counsel Direction for the CPUC Case Management
Statement (February 22) and Case Management Conference (February 27) as Well as CPUC
and Settlement Requirements through June 2018
Action: Directed Special Legal Counsel to draft CPUC Case Management statement on
behalf of the Authority, and have President Kampe and Vice President Rubio approve the
statement before it is submitted on February 22, 2018
Russ McGlothlin, Special Legal Counsel, gave an overview of what is needed by the Authority
in regards to the California Public Utilities Commission (CPUC) Case Management Conference
on February 27. He said the packet contains a list of what the Authority’s statement should
cover, which is due by February 22, and will be a joint response with the other settling parties.
He made a recommendation that the response statement from the Authority to the CPUC
clearly state that it is critical that the Monterey Peninsula Water Supply Project (MPWSP)
desalination plant move forward in the most expeditious matter possible, and to ensure that the
Pure Water Monterey expansion is part of the discussion to ensure that the CDO milestones
are not missed. He concluded that position is consistent with the portfolio approach.
PUBLIC COMMENT:
• Tom Rowley, MPTA, said it would make sense if the CPCN was issued after the EIR is
approved.
President Kampe recommended that Russ McGlothlin draft the response statement to the
CPUC, and that he and Vice President Rubio approve the statement before it is submitted on
the 22nd.
On a motion by Director Rubio, seconded by Director Edelen, and carried by the following vote,
the Monterey Peninsula Regional Water Authority Directed Special Legal Counsel McGlothlin to
draft the Authority’s CPUC Case Management Statement (due February 22) and have
President Kampe and Vice Mayor Rubio Approve the Statement before it is submitted:
5. Receive Report, Discuss, and Approve an Increase in the FY 2017-2018 Budget to Provide for
Additional Special Counsel Services and Technical Support Services as Discussed in Agenda
Items
Action: Approved increase in the FY 2017-18 budget to release funds for additional
Special Legal Counsel costs
Executive Director Cullem said that there have been unexpected legal costs this year that
require a budget adjustment. He noted that a lot of progress has been made at the settling
parties meetings with the facilitator, and although the Authority limits the involvement of Special
Legal Counsel whenever possible to keep costs low, the budget reserve and possibly more will
be needed to get through this fiscal year.
PUBLIC COMMENT:
None
Director Edelen made a motion to approve staff recommendation. Director Roberson seconded
the motion, with the clarification that the reserve funds be used to cover legal costs and not for
additional peer review study on Pure Water Monterey expansion opportunities.
President Kampe said that at the March meeting there will be an update on the cost estimate
on what the upcoming legal costs will be, and discuss whether to ask the Cities for a
supplemental contribution to cover the legal costs. Director Roberson said that the Cities would
have to get approval from their City Councils for extra funding, as well as the County Board of
Supervisors, and that could take some extra time.
On a motion by Director Edelen, seconded by Director Roberson, and carried by the following
vote, the Monterey Peninsula Regional Water Authority Approved an Increase in the FY 2017-
2018 Budget to Provide for Additional Special Counsel Services:
6. Receive Report and Consider Retention of David Sunding, Economist, to Peer Review NBS
Economic Analysis of Pure Water Monterey Expansion Opportunities
Action: Continued
On a motion by Director Rubio, seconded by Director Edelen, and carried by the following vote,
the Monterey Peninsula Regional Water Authority Continued this item to a later date:
PUBLIC COMMENT:
• Tom Rowley, MPTA, said he wonders if the study on Pure Water Monterey expansion
project is available to the public.
Mr. McGlothlin responded to public comment saying that he believes the study will be available
at the end of March.
ADJOURNMENT
ATTEST: