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Agenda Monterey Peninsula Regional Water Authority (MPRWA) Regular Meeting

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Agenda Monterey Peninsula Regional Water Authority (MPRWA) Regular Meeting Agenda Monterey Peninsula Regional Water Authority (MPRWA) Regular Meeting 6:00 PM, Thursday, September 27, 2012 Few Memorial Hall, City Council Chamber 580 Pacific Street Monterey, California ROLL CALL PLEDGE OF ALLEGIANCE OTHER BUSINESS 1. Accept Monterey County as Participatory Member of the Monterey Peninsula Regional Water Authority and Authorize Amendment to Bylaws - <Davi> REPORTS FROM BOARD DIRECTORS AND STAFF 2. Receive Report from Technical Advisory Committee (TAC) - <Stoldt> a. Summary of September 17, 2012 Technical Advisory Committee Meeting b. Review of Consultant Schedule and Progress PUBLIC COMMENTS APPROVAL OF MINUTES 3. August 1, 2012 4. September 12, 2012 Special Meeting AGENDA ITEMS 5. Direct the Selection of Legal Counsel and Authorize the President to Execute a Professional Services Contract with the Selected Firm/Attorney – <Davi> 6. Review the Necessity/Desirability of Executive Director – <Meurer> 7. Discuss Agenda Items for Future Meetings - <Della Sala> 8. Information - <Della Sala> ***Adjourn to Closed Session (See additional agenda)*** ANNOUNCEMENTS FROM CLOSED SESSION ADJOURNMENT Thursday, September 27, 2012 The Monterey Peninsula Regional Water Authority is committed to include the disabled in all of its services, programs and activities. For disabled access, dial 711 to use the California Relay Service (CRS) to speak to staff at the Monterey City Clerk’s Office, the Principal Office of the Authority. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to staff at the Monterey City Clerk’s Office at (831) 646-3935 to coordinate use of a device or for information on an agenda. Agenda related writings or documents provided to the MPRWA are available for public inspection during the meeting or may be requested from the Monterey City Clerk’s Office at 580 Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California Government Code Section 54954.2(a) or Section 54956. 2 Monterey Peninsula Regional Water Authority Date: September 27, 2012 Agenda Report Item No: 1. FROM: Christine Davi, Monterey City Attorney SUBJECT: Adopt a Resolution to Join Monterey County as a New Member of the Monterey Peninsula Regional Water Authority; Determine the Cost for Monterey County to Join; and Authorize the President to Execute a New Member Agreement with Monterey County RECOMMENDATION: That the Monterey Peninsula Regional Water Authority (“Water Authority”) adopt a resolution to join Monterey County as a new member of the Water Authority; determine the cost for Monterey County to join, and authorize the President execute a New Member Agreement with Monterey County. POLICY IMPLICATIONS: Section 5.2 of the Joint Exercise of Powers Agreement authorizes the Water Authority to add public agency members such as Monterey County. Adding Monterey County as a member of the Water Authority would provide representation for ratepayers living in the unincorporated areas of Pebble Beach, Carmel, Carmel Valley, and Monterey. FISCAL IMPLICATIONS: If admitted as a new member to the Water Authority, Section 5.2 of the Joint Exercise of Powers Agreement requires that Monterey County pay a pro rata share of all previously incurred costs that the Board of Directors determines have resulted in benefits to the public agency, and are appropriate for assessment on the public agency. Costs previously incurred by the Water Authority from inception to June 30, 2012 total $16,357.82. These costs were incurred primarily for legal fees for forming the Water Authority ($15,000) and for insurance ( $863.70) . Monterey County’s pro rata share of these costs would be $5,561.66. The Water Authority has the discretion to modify or waive Monterey County’s pro rata share if it determines that the previous costs incurred did not result in benefits to Monterey County or are not appropriate for assessment on Monterey County. The Fiscal Year 2012-2013 budget for the Water Authority is $245,000. The pro rata share of this cost for Monterey County for this fiscal year would be $83,300 based on a 34% consumption rate in the unincorporated areas of the County. Monterey County Board of Supervisors has approved this contribution to the Water Authority. ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, №06/12 MPRWA Meeting, 9/27/2012 , Item No. 1., Item Page 1, Packet Page 1 this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. ALTERNATIVES CONSIDERED: The Water Authority could choose not join Monterey County as a new member. DISCUSSION: In a letter dated August 1, 2012, the Water Authority requested that Monterey County join as a member to represent ratepayers who do not reside within the existing Water Authority member cities’ limits. (Attachment 1). Approximately 34% of Cal Am’s customers’ water usage on the Monterey Peninsula is in the County unincorporated area and not in the cities. On September 11, 2012, Monterey County voted unanimously to become a member of the Water Authority, authorized the Chair of the Board of supervisors to sign a New Member agreement under Section 5.2 of the Joint Exercise of Powers Agreement, appointed Supervisor Potter as the County’s representative on the Water Authority Board, and approved payment of $83,300, its share of Water Authority budget for Fiscal Year 2012-1013. (Attachment 2). In order to approve Monterey County to join as a new member of the Water Authority, a supermajority vote of at least 70% of the votes held among all Directors is required (5 votes) pursuant to Section 5.2 of the Joint Exercise of Powers Agreement. It is recommended that the Water Authority adopt the attached resolution and add Monterey County as a new member, determine the amount of the cost to join the Water Authority, if any, and authorize the President to sign a New Member Agreement with the County. (Attachment 3). Attachments: 1. Monterey Peninsula Regional Water Authority Letter dated 8/1/12 2. Monterey County Board Orders 3. Draft Resolution c: Lew Bauman, County Administrator MPRWA Meeting, 9/27/2012 , Item No. 1., Item Page 2, Packet Page 2 Date: September 27, 2012 MPRWA RESOLUTION NO. __- ___ Item No: 1. A RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY TO JOIN MONTEREY COUNTY AS A NEW MEMBER OF THE MONTEREY PENDINSUAL REGIONAL WATER AUTHORITY, DETERMINING THE COST FOR MONTEREY COUNTY TO JOIN, AND AUTHORIZING THE PRESIDENT TO SIGN A NEW MEMBER AGREEMENT WITH MONTEREY COUNTY WHEREAS, Section 5.2 of the Joint Exercise of Powers Agreement authorizes the Monterey Peninsula Regional Water Authority (“Water Authority”) to add public agency members; WHEREAS, the unincorporated areas of Pebble Beach, Carmel, Carmel Valley, and Monterey are not represented on the Water Authority; WHEREAS, on September 11, 2012, Monterey County authorized joining the Water Authority, approved payment of $83,300 for its share of the Water Authority’s budget for Fiscal Year 2012-2013, and appointed Supervisor Potter as its representative on the Board of Directors; WHEREAS, the Water Authority has determined that payment of $ .00 is Monterey County’s pro rata share of previously incurred costs; WHEREAS, the Water Authority has determined that the payment of pro rata costs is appropriate for Monterey County to join as a member. WHEREAS, the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. NOW, THEREFORE, BE IT RESOLVED BY THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY that it hereby joins Monterey County as a member of the Water Authority; determines the pro rata cost for Monterey County to join is $ .00, and authorizes the President to sign a New Member Agreement with Monterey County. №08/12 MPRWA Meeting, 9/27/2012 , Item No. 1., Item Page 3, Packet Page 3 PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY _____ day of _______, 201_, by the following vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: APPROVED: ATTEST: President Recording Secretary 2 MPRWA Meeting, 9/27/2012 , Item No. 1., Item Page 4, Packet Page 4 ATTACHMENT MONTEREY PENINSULA REGIONAL W ATERALITHORITY 58-0 PACIFIC STREET moNTguY, cA 93940 7a;VI .
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