Minutes of meeting of November 6, 2008

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Government Affairs Co-chair Rolf Trautsch called the meeting to order at 8:35 am at the Hyatt Regency Monterey Resort and Spa in Monterey in Big Sur Rooms I and II.

Present: Rolf Trautsch, Gary Cursio, Michael Bekker, Michelle Knight, Sam Teel, Tom Rowley, Lawson Little, Dave Berger, Bob Brower, Mark Bastis, Hank Armstrong, Bonnie Adams and Bob McKenzie.

Minutes of meeting of October 2, 2008 – approved as distributed.

Review of 2008 Government Affairs Goals, Objectives and Tasks, draft 2009 Goals; discussion about Measure Z

The committee reviewed the 2008 Goals and a draft submitted by Bob McKenzie prior to the meeting. The number one goal for 2008 centered on the Transportation Agency for Monterey County self-help transportation measure (which when drafted and placed on the November 2008 ballot became Measure Z), and because Measure Z failed to win approval by two thirds of the voters, the committee discussed restructuring the Goal related to achieving critical transportation infrastructure improvements. 

Sam Teel reported that TAMC Executive Director had called him so take some time to discuss the results of the election (Measure Z was approved by 62.3% of the voters, much better than the previous attempt).  Teel indicated he thinks we need more time to gain some perspective on the failure to achieve two-thirds approval.  Gary Cursio expressed his opinion that two-thirds is simply impossible to achieve in Monterey County and that he is not interested in devoting significant time and energy again to a measure that requires two-thirds approval.  Cursio suggested a discussion about how the conditions for success might be changed.  Bob McKenzie suggested revisiting some proposals floated previously in the legislature to lower the approval level to 60% or 55%, still a super-majority but not the two-thirds level now required.  Teel indicated that Monterey Peninsula Taxpayers’ Association, which was a strong leader for Measure Z, might have some serious reservations about lowering the success threshold.  Tom Rowley agreed that two-thirds is probably impossible to achieve and suggested that a strong commitment from Congressman Sam Farr is needed to get some critical federal transportation project funding.  Teel also mentioned that LandWatch Executive Director Chris Fitz has indicated an interest in co-chairing an attempt to craft a new measure and expressed concern that such a measure may not treat the hospitality industry very well.  Hank Armstrong agreed that a healthy caution about involvement with such an effort is advisable.  Rick Heuer expressed his belief that it will be critical to an analysis to know what the  ‘drop off’ in votes cast from the top of the ballot down to Measure Z was because the whole premise of scheduling a measure on the presidential general ballot (that the higher turnout was critical to getting more Yes votes) might be flawed.  Rolf Trautsch indicated he thinks it is too early to do a decent post-mortem on the Measure Z vote.  The committee agreed and interest was expressed in having TAMC conduct a post-election survey to determine why folks voted No on the measure.

The goal concerning transportation issues was simplified as a result of the discussion.  The remaining goals included in the draft were approved and the committee adopted the 2009 Goals as modified.

SWRCB proposed Cease and Desist Order update

Bob McKenzie briefed the committee on the status of the State Water Resources Control Board proceedings on the draft CDO.  A ruling was issued allowing Cal Am and the prosecution team to increase reply briefs to 35 pages each.  All reply briefs are due by close of business Monday, November 10, 2008.  Bob Brower indicated that the water management district counsel believes a final ruling won’t be issued until February or March 2009.  Lloyd Lowery filed, pro bono, a final brief for MCHA but will likely not file a reply brief.

Regional taxi authority study update, City of Monterey taxi issue

Bob McKenzie briefed the committee on the status of the draft study and the letter MCHA sent this week requesting strengthening certain parts of the draft Rules and Regulations relating to customer rights and enforcement of rules.  The changes requested arose from a meeting the taxi subcommittee had with TAMC staff and the consultant preparing the study. 

Mark Bastis reported on a meeting he, John Narigi and Bonnie Adams had with Monterey Mayor Chuck Della Sala and City Manager Fred Meurer regarding getting the Monterey City Council to quickly reschedule its discussion about granting a franchise to another taxi company and thus end its exclusive taxi service franchise with Yellow Cab.  Bastis indicated that now that the draft regional authority study is almost complete and a legal impediment eliminated, Monterey may be willing to move quickly on this.

General Plan Update

Bob McKenzie reported that the comment period on the Draft Environmental Impact Report on the revised General Plan has been extended again and that it will be nearly impossible for the Board of Supervisors to achieve its goal of certifying the EIR and adopting the General Plan by the end of 2008.  McKenzie also briefed the committee on a study of the DEIR biological resources section and recommended mitigations; the study was recommended by the Refinement Group and Plan for the People agreed to fund the study.  As it stands, the recommended mitigation measures would seriously jeopardize farming.  County staff and several Supervisors indicated a willingness to change mitigations if they have a respectable study by a qualified firm that proposes reasonable alternatives.  The study, being prepared the Sacramento firm Mintier-Harnish, should be available soon.  The new comments deadline is December 2, 2008.  Tom Rowley recapped the strong desire of the City of Monterey to have the affordable housing overlay provisions in the General Plan changed, at least with respect to the unincorporated areas adjacent to Monterey, and is willing to trade a higher affordable housing commitment within the city.  Rowley also reported that Supervisor Dave Potter asked the city to wait until after adoption so as not to risk significant delay in final approval of the plan.

Issue reports, old business

City of Monterey

Michael Bekker reported that stormwater runoff is an increasingly important issue and that First Flush took its annual runoff samples after the first rain; the reports on its analysis of the runoff should be released soon (the analysis will concentrate on phosphates, copper, chromium and other ‘trigger’ elements in the runoff).  Hank Armstrong confirmed that attitudes about pollutants in stormwater runoff are hardening.  Bekker also reiterated the necessity to now capture all runoff and channel it properly, relating that to the Monterey Marriott intent to repaint the hotel in 2009; all the runoff from power-washing in preparation for painting must be ‘captured’ and channeled properly. 

Bekker also reminded the committee that there will be street closings and Lighthouse tunnel closing during the coming weekend because of the Big Sur Marathon and Mini-Marathon. 

Bekker reported that he serves on the county’s food safety advisory committee and big concerns still exist about food safety; he also reported that Fresh Express is spending millions of dollars on this issue in an attempt to avoid future problems like those in 2007 and 2008.

City of Pacific Grove

The committee discussed the success of the advisory measure re the city leaving the California Public Employees Retirement System and the results of the city council elections.

Michelle Knight reported that the Pacific Grove Planning Commission approved a Bath House remodeling plan, which now will go to the Architectural Review Board and the Coastal Commission.  The principal tenants for the building, should the remodel be accomplished, will be the Passionfish owners/operators (the Walters family) and Adventures by the Sea, which would relocate its kayak and bicycle rental business from the cove to the downstairs portion of the remodeled building.

Water issues

Bob Brower reported that the redesigned Sand City eco-resort project will be in front of the MPWMD Board soon requesting a water distribution system permit.  If issued, the project will still need Coastal Commission approval.  Brower also reported on a ‘relationship-building’ meeting the district had with Cal Am President Kent Turner and Monterey Area General Manager Craig Anthony; Cal Am is making serious efforts to identify and fix system leaks and is spending big money on meter replacements.  The district has scheduled a hearing on the Ryan Ranch subsystem capabilities for January 21, 2009 (the district now has the authority to decrease its allocation of water if it finds the supply is not sufficient to serve the needs identified in its allocation).  Brower also indicated the district, for reasons he does not understand, is rushing to adopt Ordinance 137, a modification of its existing Expanded Water Conservation and Rationing Plan which Bob McKenzie and several MCHA members helped write ten years ago; Brower is interested in the MCHA perspective on the proposed changes. 

Rick Heuer reported that the City of Monterey is moving forward with its studies and research on the feasibility of developing its own water supply project a la Sand City.

Dave Berger (Cal Am Coastal Water Project manager) shared a revised timeline and fact sheet for completion of the CWP.  Berger indicated Cal Am will conduct tours of its pilot desal facilty for interested parties but each tour is limited to no more than ten people.  Anyone interested should contact him (any MCHA members interested can contact Bob McKenzie, who will coordinate with Berger).  Berger also reported on the serious misgivings the Monterey County Water Resources Agency Board has about the regional water project and the fact that it is holding a series of workshops on the regional plan.

Other Peninsula, regional issues

Supervisor Dave Potter has indicated the Wine Corridor should be adopted as it is in the current version of the General Plan Update.  Sam Teel reported that the Yanks Air Museum project if now making progress and should be approved soon.  Teel indicated the Wine Corridor and Yanks Air Museum are both very important as incentives for visitors to stay a day or two longer in the area.

Lawson Little reported on discussions with a long-time friend in the Big Sur area; major slides and attendant major disruptions of the 3 million vehicle trips per year through Big Sur are an enormous concern and asked if there is anything MCHA can do to help or alleviate problems.

Gary Cursio reported that the near-term Monterey County Convention and Visitors’ Bureau marketing effort will focus on attracting leisure visitors and that MCCVB will be working on the Big Sur issue.  Cursio also reported that the entire MCCVB marketing effort will be redesigned soon to concentrate on retail business; he expects a new proposal soon. 

Next meeting, adjournment

Co-chair Rolf Trautsch posed to the committee the question of whether the committee needs to meet in December or skip as it has in years past.  The consensus was to skip December and reconvene in January 2009 at a place to be determined.  Trautsch adjourned the meeting at 10:10 am.

Prepared by Bob McKenzie