M I N U TE S MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) Special Meeting 8:30:00 PM, Thursday, January 10, 2013 MONTEREY

PUBLIC LIBRARY 651 PACIFIC STREET MONTEREY, CALIFORNIA Directors Present: Directors Absent: Staff Present: ROLL CALL President Della Sala called the meeting to order at 10:05 p.m. following the regular Authority meeting. PUBLIC COMMENTS President Della Sala opened the item for Public Comment. Tom Rowley encouraged the Authority to make a decision of project support by the CPUC testimony deadline of February 22, 2013 but also to continuing evaluating new information if it becomes available. Jim Cullem expressed that the Authority has paralysis by analysis and encouraged the authority to consider alternatives or a combination of others. Unless they have an absolute source of water that is guaranteed and wont be litigated, he discouraged the Authority from supporting a project. Nelson Vega spoke Jim Cullems comments that the main problem is source water. AGENDA ITEMS 1. Receive Response Letter From California Office of the Attorney General and Take Action to Recommend Amending the Joint Powers Agreement to Allow The County of Monterey to Be a Participatory Member of the MPRWA, Subject to the Approval of the City Members and Execution of the Agreement by the County of Monterey, and Provide Direction for Other Changes as Necessary Action: Approved Legal Counsel Freeman introduced the item. He reminded the Authority that he had received a letter questioning the compatibility of offices with the County of Monterey participation in the JPA. The County requested an opinion regarding the matter and received a response from the California Attorney Generals office which did not directly address the issue but indicated that the Attorney General is willing to consider the issue in depth for a formal opinion and there will likely not be an incompatibility of offices if the Joint Powers Authority agreement was amended to include the unincorporated areas. A formed opinion is available but could take up to a full year to be delivered. Therefore Mr. Freemen recommended that the Authority direct staff to prepare an amended JPA agreement which would then be forwarded to Attorney Generals office, along with a letter from the County of Monterey in order to get a more definitive answer. Once approved, it would be circulated to different cities for approval and signature. President Della Sala invited discussion on the item from the Authority. Burnett, Edelen, Kampe, Pendergrass, Rubio, Della Sala None Legal Counsel, Interim Executive Director, Clerk to the Authority

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Thursday, January 24, 2013

Director Rubio questioned the intention of the statement urban and rural water users and would the change to be limited to Cal am service area. Legal Counsel Freeman responded if we expand our zone of influence it should suffice. President Della Sala opened the item to public comment, having no requests to speak then closed and brought the item back to the Board for a motion. On motion by President Della Sala, and seconded by Director Rubio and carried by the following vote the Monterey Peninsula Regional Water Authority directed staff to amend the Joint Powers Authority agreement to include the entire unincorporated area of Monterey County and bring back for approval. AYES: NOES: ABSENT: ABSTAIN: RECUSED: 6 0 0 0 0 DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Burnett, Edelen, Kampe, Pendergrass, Rubio, Della Sala None None None None

ADJOURNMENT With no further business to discuss, President Della Sala adjourned the meeting. ATTEST:

Lesley Milton, Clerk to the Authority

MPRWA President

Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, January 24, 2013 2