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8/9/2019 MPRWA Agenda Packet 02-12-15
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1
Closed Session AgendaMonterey Peninsula Regional Water Authority (MPRWA)
6:30 PM, Thursday, February 12, 2015
Council Chamber580 Pacific StreetMonterey, California
CALL TO ORDER
CLOSED SESSION AGENDA ITEMS
cs1. Pursuant to Government Code 54957 - Performance Evaluations Positions: Executive Director And Authority Legal Counsel
ADJOURNMENT
The Monterey Peninsula Regional Water Authority is committed to including the disabled in allof its services, programs and activities. In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this meeting, please contact the Monterey CityClerk’s Office at (831) 646-3935. Notification 30 hours prior to the meeting will enable the Cityto make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. Forcommunication-related assistance, dial 711 to use the California Relay Service (CRS) to speakto City offices. 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 attenda meeting, dial 711 to use CRS to talk to the Monterey City Clerk's Office at (831) 646-3935 tocoordinate use of a device.
Agenda related writings or documents provided to the MPRWA are available for publicinspection during the meeting or may be requested from the Monterey City Clerk’s Office at 580Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with CaliforniaGovernment Code Section 54954.2(a) or Section 54956.
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AgendaMonterey Peninsula Regional Water Authority (MPRWA)
Regular Meeting
7:00 PM, Thursday, February 12, 2015
Council Chamber580 Pacific Street
Monterey, California
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
PUBLIC COMMENTSPUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on anysubject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any personor group desiring to bring an item to the attention of the Authority may do so by addressing theAuthority during Public Comments or by addressing a letter of explanation to: MPRWA, Attn:Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contactthe sender concerning the details.
CONSENT AGENDA
1. January 8, 2014 Regular Meeting - Milton
2. Approval of Checks Through February 12, 2015 - Milton
AGENDA ITEMS
3. Adopt Resolution Authorizing The Authority President To Extend The Contract With The City Of Monterey For Executive Director Services And To Request The City Of MontereyTo Extend Its Contract With James M. Cullem For That Position - Milton
4. Discuss Accomplishments of The Water Authority Since Its Formation to the Present -
Burnett
5. Receive The 23 January 2015 Update to the CPUC Schedule and Discuss the Delay in the Release of the DEIR and Other Changes and Decide on a Course of Action if Needed - Cullem
6. Approve Invitation to New Interim General Manager of the Marina Coast Water District to Serve As A Member of The Water Authority Technical Advisory - Cullem
7. Receive Report On Monthly Reports To The Authority Board On Activities Of The Public
Outreach Consultant And Discussion Of Priorities. - Beleny
8. Designation of Alternate To Serve As A Representative of The Authority On The
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Thursday, February 12, 2015
2
Governance Committee. - Cullem
9. Receive Update, Discuss, And Provide Direction On Water Authority Participation In
Obtaining A Cease and Desist Order (CDO) Extension - Burnett
10. Receive And Discuss The Current "Summary" Monterey Peninsula Water Supply Project Schedule Including The Status Of The Test Slant Well Construction And An Evaluation Of The Technical, Economic, And Legal Feasibility Of Slant Wells After Data Is Available From The Test Well - Crooks
11. Receive Year End Budget Review for Fiscal Year 2014-15, Discuss, and Provide
Guidance To Staff. - Cullem
12. Discuss Implications Of An Earlier Start Time For Future Meetings - Milton
ADJOURNMENT
The City of Monterey is committed to including the disabled in all of its services, programs andactivities. In compliance with the Americans with Disabilities Act, if you need special assistanceto participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935.Notification 30 hours prior to the meeting will enable the City to make reasonable arrangementsto ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests willbe accommodated to the extent feasible. For communication-related assistance, dial 711 to usethe California Relay Service (CRS) to speak to City offices. 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 hearingamplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at(831) 646-3935 to coordinate use of a device.
Agenda related writings or documents provided to the MPRWA are available for publicinspection during the meeting or may be requested from the Monterey City Clerk’s Office at 580Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with CaliforniaGovernment Code Section 54954.2(a) or Section 54956.
http://../agdocs.aspx?doctype=agenda&itemid=79872http://../agdocs.aspx?doctype=agenda&itemid=79873http://../agdocs.aspx?doctype=agenda&itemid=79873http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79875http://../agdocs.aspx?doctype=agenda&itemid=79875http://../agdocs.aspx?doctype=agenda&itemid=79876http://../agdocs.aspx?doctype=agenda&itemid=79876http://../agdocs.aspx?doctype=agenda&itemid=79876http://../agdocs.aspx?doctype=agenda&itemid=79875http://../agdocs.aspx?doctype=agenda&itemid=79875http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79874http://../agdocs.aspx?doctype=agenda&itemid=79873http://../agdocs.aspx?doctype=agenda&itemid=79873http://../agdocs.aspx?doctype=agenda&itemid=79872
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MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)Regular Meeting
7:00 PM, Thursday, January 8, 2015COUNCIL CHAMBER580 PACIFIC STREET
MONTEREY, CALIFORNIA
Directors Present: Burnett, Edelen Kampe, Pendergrass, Roberson, Rubio
Directors Absent: None
Staff Present: Executive Director, Legal Counsel, Acting Clerk Lewis
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
PUBLIC COMMENTS
• George Riley with Public Water Now announced that his organization is holding a
presentation on January 19, 2015. The subject matter to be presented relates to slant
wells.
• Tom Rowley with MPTA welcomed Director Roberson, Mayor of the City of Monterey
and urged the Board to occupy the vacant seat on the Board from Monterey County. Mr.
Rowley stressed the importance of filling the vacancy.
• Doug Wilhelm spoke to the Huntington Beach Poseidon Plant construction and the
reasons for its eventual cessation.
President Burnett closed public comment.
CONSENT AGENDA
On motion by Director Pendergrass and seconded by Director Edelen and approved byunanimous vote, the Monterey Peninsula Regional Water Authority approved the consentcalendar as presented (M/S/P 6-0)
1. Approval of Minutes from the December 11, 2014 Regular Meeting
2. Approve and File Checks Through January 8, 2015
AGENDA ITEMS
3. Receive Annual Financial Report and a Full Opinion Audit for FY 2013-14 and 2012 fromMcGilloway, Ray, Brown and Kaufman (Kaufman) CPA
Patricia Kaufman presented the Annual Financial Report and Full Opinion Audit for FY 2013-14
and 2012 from McGilloway, Ray, Brown and Kaufman. No material weaknesses in controls.
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MPRWA Minutes Thursday, January 8, 2015
Monterey Peninsula Regional Water Authority
Regular Meeting Minutes - Thursday, January 8, 20152
The Board received an unmodified opinion. The Board was found to be in a favorable opinion
overall.
President Burnett opened the floor for Directors and the public.
Director Roberson asked about Mid-Year Budget Review in February and thanked the Board for
their service as it relates to the budget.
On motion by Director Rubio and seconded by Director Edelen and approved by unanimousvote, the Monterey Peninsula Regional Water Authority approved the consent calendar aspresented (M/S/P 6-0)
4. Receive Report, Discuss, And Provide Staff Direction On The Updated MPWSP Critical Path(CPM) Permits & Approvals Schedule (Summary Version) To Include The Status of the TestSlant Well, GWR, Pacific Grove Small Projects, And Aquifer Storage (ASR); And DiscussFuture Permits And Approvals Required Of Marina
Ian Crooks, Engineering Manager with California-American Water, spoke about the test slant
wells. Mr. Crooks cited healthy participation by the contractors and mobilization of the seconddrilling crew to continue monitoring wells. The pipeline from the beach to manhole is completed.
Received the discharge permit for the outfall. Electrical work has started and test well drilling
will start at the end of the year and is progressing. Mr. Crooks provided the construction
schedule for all of the pending projects that Cal-Am is currently working on.
President Burnett asked Mr. Crooks to provide updates to the public within the next six to eight
weeks. Mr. Crooks currently provides updates to regulatory agencies and will work to place the
information on their website.
Director Rubio asked if the schedule is on the project website. President Burnett asked Cal-Am
to provide materials in advance to put in the packet before meetings and to provide materials onthe website with regularity. President Burnett asked Mr. Crooks to speak about the lawsuit to
which we responded the paperwork is currently with the clerks to determine a court date.
President Burnett asked when the Board would receive data for financial feasibility. Mr. Crooks
stated that the data would be available as soon as the test well is activated. The estimate is
mid-March, after which they will update the data on a weekly basis. President Burnett invited
public to speak.
• Tom Rowley, MPTA, was not privy to updates on the slant well in the Monterey Herald.
Tom Rowley maintained that there was a lack of information about the important events.
Having a successful test of the slant well to see if source water is available for thedesalination project is paramount.
• George Riley shared concerns with MPWSP’s Anticipated Schedule, specifically the
period of time of collecting data between key deadlines. He spoke to the settlement
agreement.
• Doug Wilhelm continued his earlier comments and spoke to the subsurface panel. The
Huntington Beach Poseidon Plant dropped their project for the following reasons: No
slant well experience. Production capacity started at 95 percent and dropped to 52
percent. We need to know if there is going to be inherent fall off with slant wells. It’s
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MPRWA Minutes Thursday, January 8, 2015
Monterey Peninsula Regional Water Authority
Regular Meeting Minutes - Thursday, January 8, 20153
expected that there will be high maintenance. CCC was an equal partner.
Director Roberson asked about slant well test from Marina Coast Water District and Director
Roberson also questioned feasibility or alternatives to the test well to see if the project is even
feasible.
President Burnett stated that the Board has been waiting a couple of years to get to this point.The test well will make every attempt to answer a lot of questions about feasibility. Construction
questions will inevitably arise. Production of gallons per minutes will affect the question of
feasibility. Salinity of the product water from the test well will determine whether the
hydrogeology is OK.
President Burnett asked about the fall off of production over time. Ian Crooks asked toagendize the Dana Point comparison for the next meeting. Executive Director Cullen informedthe Board that a $1,000,000.00 grant was awarded to Cal Am to be applied toward the cost ofthe test wells. President Burnett deemed report received.
5. Update And Provide Direction On Efforts To Request A Modification To The Cease and DesistOrder
President Burnett stated there are issues with the Cease and Desist Order which will stop
unpermitted pumping by 2016. The Board will seek to modify the Cease and Desist Order
(CDO) in order to meet Cal-Am’s production schedule. State Water Board is cognizant that the
Water Authority is working very diligently to create a new water source. Hopes to have a
modification to the CDO, either in late spring after a draft Environmental Impact Report (EIR) or
in the fall with a CPCN from CPUC. Both dates would fall within 2015. Water Years start in
October and run through September of the following year. For the following water year, the
drop-off would be less significant with the 1,000 Acre Feet. Modifying the CDO would resolve
impending issues and puts the relative amount of pressure to remain focused on deliveringthese projects on time.
Director Roberson asked the Board about the water schedule and about the 1,000 Acre Feet.
President Burnett maintained that the 1,000 Acre Feet came from previous conservation efforts.
Director Pendergrass spoke to importance of the project and offered his opinion in regards to
the State Water Board’s sentiment.
President Burnett invited the public to comment on the item.
• Tom Rowley, MPTA, spoke to his previous involvement in the original scoping of a desal
project. Mr Rowley was invited to participate in the discussion on developing a
consensus of a peninsula project. Proposal came up with the three parties and regional
desal plant. Requests for extension, CDO is against Cal-Am, spoke to no representation
of the County on the current board. Ratepayers and taxpayers not getting the fines
passed on. The underlying concern at the December meeting was apprehension about
ratepayers footing the bill.
• George Riley with Public Water Now spoke to two venture capitalists spending money to
resolve issues. There needs to be a contingency factor that “if feasible” is a legitimate
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MPRWA Minutes Thursday, January 8, 2015
Monterey Peninsula Regional Water Authority
Regular Meeting Minutes - Thursday, January 8, 20154
question. The second choice ought to be a legitimate argument that the Board has a
backup plan. What is the alternative if the slant wells fail?
• John Narigi with The Coalition of Peninsula Businesses stressed that in the commercial
sector that if rationing occurs, there isn’t much water left to surrender. All retrofits and
pertinent options have been exhausted.
President Burnett and Director Edelen responded to public comment. Vice President Kampespoke to a received article on Los Angeles and their conservation efforts. Director Robersonspoke to possible litigation or take political action against the State Water Board. DirectorPendergrass would like to speak with the Governor’s office and provide them with thePeninsula’s conservation efforts. President Burnett spoke to the possibility to invite the StateWater Board to the Peninsula to show them conservation efforts as they relate to the CDO.Legal Counsel Don Freeman stated that the State Board is receptive to a controlled andeducated approach. President Burnett closed public comment and deemed report received anddiscussed.
6. Receive Report, Discuss, And Provide Staff Direction On Updated CPUC Schedule
Executive Director Cullem spoke to the purpose of the updated schedule and task list forMPWSP Post Settlement, provided updates and invited questions from the Board. President
Burnett invited comments from the public.
• Tom Rowley, MPTA, saw General Manager Dave Stoldt’s presentation on the
agreements that were needed and stated that it wasn’t discussed in great detail. GWR
being run by PCA, transfer the water to Water Management District who would then sell
it to Cal-AM. Asked why GWR couldn’t directly transfer the water to Cal-Am?
• George Riley commented on potable water.
Vice President Kampe questioned Cal-Am about the CEMEX test well and production well.
President Burnett deemed the report received.
7. Establish Water Authority Meeting Schedule For Calendar Year 2015
Director Edelen asked about modifying the start time of the contingent meetings and asked
Executive Director Cullem about the possibility of moving the regular meeting time to 6:00 PM.
• President Burnett opened the item up to the public and Tom Rowley thanked the Board
for their support.
Director Rubio stated that if there weren’t enough action items to warrant a meeting that ameeting shouldn’t be held.
No action was taken.
ADJOURNMENT
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MPRWA Minutes Thursday, January 8, 2015
Monterey Peninsula Regional Water Authority
Regular Meeting Minutes - Thursday, January 8, 20155
ATTEST:
Michael Lewis, Acting Clerk, City of Seaside Jason Burnett, MPRWA President
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: December 11, 2014
Item No: 2
FROM: Authority Clerk Milton
SUBJECT: Approval and File Authority Checks Through February 12, 2015
RECOMMENDATION:
It is recommended that the Authority approve and file the accounts payable paymentsmade during the period January 8 to February 12, 2015 with total payments for theabove referenced period of $8,189.47 from the general fund account and authorize theDirectors to sign for such checks.
DISCUSSION:
At its meeting on September 12, 2013, the Authority Board approved a staffrecommendation to provide the Directors a listing of general checks issued since the lastreport so that it can inspect and confirm these checks. Each invoiced expense has beenreviewed and approved by the Executive Director and Finance personnel prior to paymentto insure that it conforms to the approved budget.
The following checks are hereby submitted to the Authority for inspection andconfirmation.
• $ 1,225.00 to Environmental Relations for public outreach and website updates
• $ 2,380.00 to McGilloway, Ray, Brown and Kaufman for Audit Services
• $ 4,584.47 to Brownstein Hyatt Farber and Schreck for Special Legal CounselServices.
The bank balance as of February 5, 2015 is sufficient cover the above check therefore,staff is recommending approval.
ATTACHMENTS:
• Budget to Actual Report through February 5, 2015
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2:18 PM
02/06/15
Accrual Basis
Monterey Peninsula Regional Water Authority
Profit & Loss Budget vs. Actual July 1, 2014 through February 6, 2015
Budget
Actual Jul 1,
'14 - Feb 6, 15 Balance % of Budget
Ordinary Income/Expense
Income
47200 · Program Income
47230 · Membership Dues 458,680.00 334,196.00 124,484.00 72.86%
47240 · Program Service Fees 0.00 0.00 0.00 0.0%
47250 · Reimbursement SPI Contract 0.00 18,562.14 -18,562.14 100.0%
47260 · Reimburesment VE Contract 0.00 0.00 0.00 0.0%
47200 · Program Income - Other 0.00 0.00 0.00 0.0%
Total Income 458,680.00 352,758.14 105,921.86 76.91%
Expense
60900 · Administration and Clerical
60901 · Clerk of the Board 24,000.00 24,000.00 0.00 100.0%
60902 · Executive Director 94,680.00 17,603.81 77,076.19 18.59%
60903 · Principal Offc of the Authority 5,000.00 0.00 5,000.00 0.0%
60904 · Financial Services 6,000.00 6,000.00 0.00 100.0%
60905 · Misc Admin Expenses 500.00 0.00 500.00 0.0%
60900 · Administration and Clerical - Other 0.00 0.00 0.00 0.0%
Total 60900 · Administration and Clerical 130,180.00 47,603.81 82,576.19 36.57%
62100 · Legal Fees
62110 · Board Counsel 63,000.00 20,000.00 43,000.00 31.75%
62140 · Special Counsel 152,000.00 21,900.38 130,099.62 14.41%
62100 · Legal Fees - Other 0.00 0.00 0.00 0.0%
Total 62100 · Legal Fees 215,000.00 41,900.38 173,099.62 19.49%
62800 · Contract Services
60801 · Public Outreach 35,000.00 2,408.33 32,591.67 6.88%
60806 · Contract VE 200,000.00 104,988.64 95,011.36 52.49%
62802 · Audit Services 6,000.00 4,425.00 1,575.00 73.75%
62803 · Televised Meeting 10,000.00 2,537.50 7,462.50 25.38%
62804 · Contract Services & Studies 30,000.00 0.00 30,000.00 0.0%
62805 · Contract SPI 0.00 0.00 0.00 0.0%
62800 · Contract Services - Other 0.00 0.00 0.00 0.0%
Total 62800 · Contract Services 281,000.00 114,359.47 166,640.53 40.7%
65000 · Insurance 7,500.00 6,673.44 826.56 88.98%
65100 · Travel Expenses 5,000.00 325.00 4,675.00 6.5%
66000 · Payroll Expenses 0.00 0.00 0.00 0.0%
68300 · Contingency 20,000.00 0.00 20,000.00 0.0%
Total Expense 658,680.00 210,862.10 -447,817.90 32.01%
Net Ordinary Income #REF! #REF! #REF! #REF!
Other Income/Expense
47220 · Interest Earned 0.00 1.65 -1.65 100.0%
Page 1 of 1
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 3.
№06/12
FROM: Clerk Milton
SUBJECT:Adopt Resolution Authorizing The Authority President ToExtend The Contract With The City Of Monterey For ExecutiveDirector Services, To Request The City Of Monterey To ExtendIts Contract With James M. Cullem For That Position
RECOMMENDATION:
It is recommended that the Monterey Peninsula Regional Water Authority(MPRWA) extend the contract with the City of Monterey for employmentservices for the Authority Executive Director position, to approve Resolution1015-XX accordingly, and to request the City to extend its employmentcontract with James (Jim) M. Cullem to serve as the Executive Director forthe MPRWA.
DISCUSSION:
At its meeting of January 24, 2013, the Water Authority Board approved
Resolution 2013-04 and entered into an annual, renewable, contract with
the City of Monterey for Executive Director services. In May 2013, with the
approval of the Water Authority Board, the City hired Jim Cullem through
an annual, renewable contract to replace Bill Reichmuth as Executive
Director following Bill's resignation. At its meeting of March 13, 2014, that
contract with the City was extended to February 14, 2015. The City also
extended Jim Cullem's contract for a year.
At its meeting of February 12, 2015, the Water Authority Board will conduct
a performance review of the Executive Director and should therefore be in
a position to determine if Jim Cullem should, or should not, continue to
serve in that position.
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Should the Water Authority decide to extend the contract with the City for
Executive Director services and (or not) request the City to extend its
contract with Jim Cullem, staff requests the extension be effective for 18
months to allow consideration after the end of the fiscal year.
The Authority is also requested to authorize the President to sign the
necessary documents prior to the February 14, 2015 contract expiration
date.
BUDGET CONSIDERATIONS:
The Executive Director position for FY 2014-2015 was budgeted by theWater Authority at its meeting of April 10, 2014. Funding of the position for
FY 2015-2016 will be addressed at the Authority budget meeting in April
2015.
ATTACHMENTS:
A-Resolution 2015-XX
B-Contract with Monterey for Executive Director Services
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RESOLUTION NO. __-___ C.S.
A RESOLUTION OF THE MONTEREY PENINSULA
REGIONAL WATER AUTHORITY
APPROVE CONTRACT FOR EXECUTIVE DIRECTOR / LICENSED PROFESSIONAL
ENGINEER SERVICES
WITH THE CITY OF MONTEREY
WHEREAS, the City of Monterey is a member city of the Monterey Peninsula RegionalWater Authority; and
WHEREAS, the City of Monterey has agreed to provide the services of ExecutiveDirector/Licensed Professional Engineer to the MPRWA; and
WHEREAS, the President and MPRWA Directors have reviewed the contract and agrees toits terms and conditions; and
WHEREAS, the cost of retaining the Executive Director/Licensed Professional Engineerservices is not to exceed $94,680 for fiscal year 2014-15 and not to exceed $92,680 for Fiscal year2015-2016.
NOW, THEREFORE, BE IT RESOLVED that the President is hereby authorized to extendon behalf of the MPRWA a contract with the City of Monterey for Executive DirectorServices/Licensed Professional Engineer for the MPRWA for a period not-to-exceed 18 months.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATERAUTHORITY this ___ day of ____ 201_, by the following vote:
AYES: DIRECTORS:NOES: DIRECTORS:ABSENT: DIRECTORS:ABSTAIN: DIRECTORS:
APPROVED:
ATTEST:
Jason Burnett, President
Lesley E. Milton – Rerig Clerk to theAuthority
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AGREEMENT
FOR PROFESSIONALSERVICES
James
M.
Cullem
WATER AUTHORITf DIRECTOR
f
THIS
AGREEMENT madeand
entered
into
this_^^__day of
^2^7
2014 byand
between the CFTY OF MONTEREY, a
municipal
corporation of the State of California,
City', and
James M. Cultem, Water Authority
Director,
h r in referred
to
as Employee.
WITNESSETH:
WHEREAS, City
requires certain administrative
and
professional services
in the
position
of
Water
Auttiority
Director; and
WHEREAS,
Employee
is qualified to furnish such
services
in
accordance
wrth the terms and
conditions hereinafter set forth;
NOW THEREFORE, in consideration of
the
mutual terms, covenants, and conditions
contained herein, the parties hereto agree as follows;
1.
Contract
Appointment
Employee is
hereby
retained in the
position
ot Water Authority
Director,
and as such shall perform
the duties and services ot that
position
as more particularly described in the City's
job
description for
this
position
attached as
(Exhibit
A).
It
is agreed that in fulfilling the duties and services of this ob,
Employee shall be employed on a
half-time
basis, working not more than 960 hours in any fiscal year.
Employee
agrees to
refrain from outside
emp. lpyment
that may conflict with these duties.
2. Status
Employee shall serve
at
the
pleasure of
the City
Manager, subject
to
the terms and conditions hereof,
and
shall not
acquire a property
interest
in
employment
or a
right to continuing
employment with the
City of
Monterey- The
terms, covenants,
and
conditions
of
Employee's
employment
with
the
City
are
expressly limited
by and
to
the
terms,
covenants and
conditions
o( this Agreement. Employee shall
be
considered
a Part-time Employee.
3. Compensation
(a) Rate
- Employee
shall
receive an hourly
rate of $100
per
hour for
the
performance of the above described services. Employee shall not be entitled
to
overtime.
Employee
shall
not receive
any
cost-of-living raises or
salary
adjustments during
the
term
of
this
agreement.
Agreement #-. Ag-4096 Page 1 of 6
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(b) Benefits - During the term of this agreement. Employee shall be entitled
to the
following
benefits:
1) Retirement
System: In
compliance
with
federal
regulations,
Employee will be
enrolled
in the
ICMA
457 Deferred
Compensation program for
City part-time
temporary Employees. The
City
will
make
a 3.
75% contribution (based
on
salary),
and Employee will
have a matching
3.
75%
salary
deduction into
the
retirement plan.
2) Medicare:
In
compliance with Federal regulations, Employee
will be
enrolled in Medicare The
City will
make
a
1. 45%
contribution
(based on salary) and Employee will
have
a
matching
1. 45% salary deduction into
Medicare.
(c)
Employee
shall not
receive
any
employee benefit not expressly set
forth in this paragraph, 3.
Compensation .
4.
Transportation
Employee shall furnish their
own transportation
in the performance of the
duties of
this
position.
Consistent with
City
poltey,
as
outlined in the
City
of
Monterey Reimbursement Policy ,
Employee
may receive mileage reimbursement, or utilize a City
vehicle,
for travel when
mileage
for any specific
trip is
expected
to
exceed
Twenty-Five (25)
miles
one-way.
5. Term
The term
of
this
agreement
shallcommence on
May
16,
2014,
and shall continue
for
a period
of
nine
(9) months,
until February 14, 2015, to
coincidewith
the Moriterev
Peninsula
RegionalWater
Authority's contract term
with the City
of
Monterey,
upon
the
mutual agreement of
the
parties upon the
terms
stated
herein,
as may
be
amended from
time to
time,
6.
Termination
Either
party may terminate
this
Agreement without
cause
upon
giving
the
other
party not
less
than
thirty
(30) days prior written
notice. Should the
Monterey
Peninsu.la Regional
Water
Authprrty Board
terminate the
agreement wrth
the City for
provision
of Executive Director
services,
this Agreement
shall
terminate
as
of
the dale
of
the Board's
vote. Notwithstanding
anything
to
the contrary, Employee
shall, upon
Notice of Termination, deliver to City a written
status
report of
all
projects or
matters in
which Empioyee
is involved In the
event
of
such
termination, all rights
and obligations
of
the parties
hereto shall
thereupon
cease. The
provisions
of this paragraph shall riot be deemed a limitation upon
the
respective
rights or
remedies of
the parties hereto which may
accrue to
them.
7.
Standard
of Performance
All
services to
be
performed by Employee, pursuant to paragraph 1, hereof, shall be performed in
accordance
with all
applicable ordinances,
policies, and rutes and
regulations
of the City.
Agreement». Ag-4096 Page 2 of 6
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8. Non-assianability
Employee
shall not
sub-cqntract,
assign, sell,
mortgage, hypothecate,
or otherwise transfer
Employee s interests, rights,
duties or obligations hereun der in anymanner,
without
the express
prior
written consent
of
the
City.
9. Non-Discrimination
The ity
does not
discriminate in the hiring and
employment
of persons
for
the work
under
this
Agreement or related to any City project Because
of
the race, religious creed, color, national origin,
ancestry, physical
disability,
mental disability, medical condition, genetic information,
marital
status,
sex, gender, gender identity, gender
expression,
age, sexual orientation,
or
military
and
veteran status
of
any
person.
INWITNESS
WHEREOF,
The
parties
hereto have
executed
this
agreement
the
day
and
year
first hereinabove
written.
City
of Monterey, a
Municipal Corporation of the
State of California
B/M-ALL
fchael MfcCarthy,
BY :
les M. Cullem,
Water
Authority Director
S.\70W.
BSp«lN*-t
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EXHIBIT
WATER AUTHORITY
DIRECTOR
The
IVtonterev
Peninsula
Regional Water Authority
The Monterey Peninsula
Regional
Water
Authority
(MPRWA) was created
in
early
2012.
MPRWA
sa
Joint
Power
uthprity
(JPA) hatconsistsof
sixaties
the Cities
ofCarmel-by-the-Sea.
Del Rey
Oaks,
Monterey,
Pacific
Grove, Sand
City and SeaskJe;
The
purpose
is
to study,
plan develop,
finance acqu '^
construct., maintain, repair, manage, operate. control and govern
Water Projects
either alone or in
cooperation with
other public
or
private
non-member
entities
The Watef
Authority
Director willbe
a
part-time Cily ofMonterey employee,
to be
selected by and
reporting
to
the City
of
MontereyCity
Manager.
Examples of
Duties
The obduties
isted
below
are liustralive
butnot
exclusive
of
he
duties
and
responsibilities of the
position. .
Policy Related Functions:
1. Work with
the Chairperson of MPRWA to prepare the
agenda for
the
forthcoming meeting, and
maintain
a listof
candidate
tems orsubsequent
meetings.
2. Prepare
recoinmendations
on
policy
matters and
action items, as
requested by oragreed upon
by
he
Board.
3.
Respond to
Board member refluests for nformation,
requests
to add
tems
to
the
agenda
or
to
consider
certain
ssues.
4. Prepare
press
releases
to
nformpress/media,
to
keep
public
nformed
of
MPRWA s actions
and positions.
5.
Address
requests
for
information or statements
by public arid
media
representatives as appropriate, or refer
such
inquiries
to the
Ghairor (in
his
orher
absence) to
the
Vice
Chair
of he
MPRWA.
6 Coordinate and
work
effectively with the Chair of the Technical Advisory
Committee, particulartywith regard o Boarddetegatrons
and
placingTAG
matters
before
the
Board for
consideration/action.
7. Work with Board members to develop
improved
means of reporting the
actions/positionsof he
Board
back o he memberagencies.
Poljcy/Administrative
Functions:
1. Serve as liaison
to
theCity Managere of the member Cities, eliciting their
help
and
advice on
MPRWA ssues.
Agreement ffc Ag-4096
Page
4 of 6
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2.
Maintain
a listing of forthcoming California Public Utilities Commission
(PUC)
workshops and hearings,
and
assist
the Board
in
developing
positions and
instructing
their representatives.
3.
Coordinate
with
person
or firm
providing
legal
services
to
see that
Board
refluests are
met
in a timely way and that
there's
a unified
approach
to
presentations
to the Board.
Administrative Functions;
1.
Work with
the person/agency providing Clerk serv»ces
on
issues
relating to
agenda preparation recordation of minutes,
review
of minutes
maintenance of
MPRWA
records
complying
with Public
Records
Act
requests, use of
technology
to expedite
MPRWA
business, and
related
matters.
2
Provide fiscal
agency/banking
services for
MPRWA
or if
a nnember
agency
is
the
designated
fiscal
agent, coordinate
with that
agency
on
financial
matters, and
coordinate with
the
Board
member
designated as
the
MPRWA Treasurer to maintain accounts
o
MPRWA
3. Prepare budget necessary to support agency's abijity
to
perform functions
as determined by the Board of Directors
4.
Maintain a list of and administer contracts that have been
approved
by
MPRWA.
5. Maintain working files as
necessary
to
administer
the core functions.
6.
Arrange for
places for
regular
and
special meetings of MPRWA. unless
detegated
to another party.
7
Develop programs as necessary to implement policy direction of Board.
8. Develop a policy binder so that all adopted Board policies
are
property
maintained and easily
retrieved.
9.
Protect, maintain
and
keep inventory
o
MPRWA
property
and
equipment.
10. Schedule
meetings
of such Committees
(Regular and
Ad
Hoc)
as the
MPRWA have created, and coordinate with Chair
to
see that the work
of
MPRWA proceeds.
11.Performs other duties as required
to
best ensure the smooth operation of
MPRWA.
Agreement #: Ag-4096 Page 5 of 6
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EXHIBIT B
MONTEREY PENINSULA REGIONAL
WATER
AUTHORTTY
April
14, 2014
Mike
Mccarthy
Interim
Cily Manager
City at Momerey
580
Pacific Street
Monterey,
CA
83940
Directors;
Chuck Ocib Szb.
Tncydcni
1awn Biimcit. Vice PICMCICDI
K.ilpl-t Ruhxi.S*
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EXHIBIT A
SCOPE OF SERVICES PAYMENT PROVISIONS
EXECUTIVE DIRECTOR SERVICES
I
ity of Monterey to Provide the Following:
A. Executive Director Duties and Services Policy Functions
•
W ork to prepare agendas and packets for Board TA C meetings
•
Prepare recomm endations on policy matters and action items
• Respond to A uthority requests for information or agenda items
•
Keep press/media informed of MPR WA actions
•
Address requests for information or statements by public or m edia as appropriate
•
Coordinate with Chair of the Technical Advisory C omm ittee regarding board delegations
and placing TA C m atters before the Au thority for consideration/action
B Administrative Functions
•
Serve as liaison to the City M angers of the mem ber cities
•
Maintain listing of forthcoming CP UC workshops and hearings, assist Authority in
developing positions and instructing their representatives
•
Coordinate with legal services so board requests are met in a timely way
•
Work with agency proving clerk services for agenda management, recordation of
minutes, maintenance of records, comp lying with Public records act requests, and
related matters
• Coordinate with the designated fiscal agent, on financial matters, and coordinate with
the Authority Treasurer to maintain accounts of MPRWA
•
Prepare budget necessary to support agency s ability to perform functions
• Maintain list of contracts approved by the M PRW A
•
Develop policy binder of all board adopted policies
•
Develop program s as necessary to implement po licy direction of B oard
•
Maintain wo rking files as necessary to adm inister the core functions
•
Arrange for places for regular and special meetings of M PRW A, unless delegated to
another party
•
Protect, maintain and keep inventory of MPRW A property and equipment
•
Schedule meetings of such Com mittees (Regular and Ad HOC) as the MPRW A have
created, and coordinate with Chair to see that the work of M PRW A proceeds
•
Performs other duties as required to best ensure the smooth operation of MPR W A
C .
iscellaneous Services Performed by C ity of Mon terey:
•
Payroll Services for Monterey em ployee(s) providing these services (this emp loyee w ill
be allocated within the Office of the City Manager to be paid as part of the City s
regular payroll to the em ployee performing the services described in Exhibit A h erein)
7
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•
Tracking of emp loyee hours and resultant costs of services provided
•
Invoices requesting paym ent for services are to be submitted on a m onthly basis by the
City of Mo nterey to the designated fiscal agency
II PRW A to Provide the Following:
•
Reimbu rsement to the City of Monterey shall be made within thirty 30) days after
receipt of invoice
III.
xecutive Director Rate and udget
Executive Director Services — Hourly Rate and Expenses
105.20
600
490
114,668
17,200
131,868
Benefited Wage Per Hour
Hours Budgeted Through July 30, 2013
Hours Budgeted July 1 through December 31, 2013
Total Wages
Administrative, Travel and Meeting Expenses (15%)
*Note -
MPRWA budget is based on a fiscal year. A new budget for Executive Director expenses
will be created for fiscal year 2014. This contract is contingent upon the MPRWA approving the
budget for the Executive Director position for Fiscal year 13-14.
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 4.
.
, , .
:
2.2 12, 2012
14, 2013
: "
, , :
(1) , , , , ,
; (2)
' ."
:
,
1, 2017.
, ,
, ().
11, 2014,
2013/2014 :
: , ,
/
23, 2015, '
2015.
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 4.
: , 936
.
.
:
" " 2015.
.
: , , ,
.
.
2015.
,
( ) : , ,
,
15, 2014. , '
12, 2014. , ,
.
: , , ,
. 2015,
.
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 4.
:
, " "
.
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 5.
№06/12
FROM: Executive Director Cullem
SUBJECT: Receive the 23 January 2015 Update to the CPUC Schedule,Discuss the Delay in the Release of the DEIR and OtherChanges, and Decide on a Course of Action if Needed
RECOMMENDATION:
Staff recommends that the Water Authority review and discuss the currentCPUC schedule for the Monterey Peninsula Water Supply Project(MPWSP) as annotated by staff and decide if any action by the WaterAuthority Board or staff is needed.
DISCUSSION:
At its meeting of January 8, 2015, the Water Authority received a January5, 2015 staff revision of the October 7, 2013 CPUC schedule for the
MPWSP including the activities needed for the GWR project.
On January 23, 2015 CPUC Administrative Law Judge (ALJ) Weatherfordannounced a decision making additional changes to the CPUC schedule(attached).
Also attached is a January 23, 2015 update of the CPUC schedule, withchanges from the original October 7, 2013 schedule highlighted in red. Thehighlighted schedule should facilitate discussion, identify deadline dates,
and suggest actions the Board may deem to be appropriate.
ATTACHMENTS:
A- CPUC ALJ Gary Weatherford Ruling dated 1/23/2015B- Updated CPUC schedule for the MPWSP dated January 23, 2015.
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143858682 - 1 -
GW2/sbf/avs 1/23/2015
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of California-American WaterCompany (U210W) for Approval of theMonterey Peninsula Water Supply Projectand Authorization to Recover All Presentand Future Costs in Rates.
Application 12-04-019(Filed April 23, 2012)
ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE
In order to allow the Draft Environmental Impact Report (DEIR) for the
Monterey Peninsula Water Supply Project (MPWSP) to incorporate more
complete data, the procedural schedule for Phase 1 of this proceeding is
modified. The primary changes are that the DEIR may be issued later than
previously scheduled, and that there will be a comment period on the DEIR of
60 days, rather the previous 45 days.
In addition, given the large number of parties in this proceeding, a ban on
ex parte communications with decisionmakers is effective immediately. Two
all-party meetings will be added to the revised schedule to allow for parties to
present their views to the Commissioners in a fair and controlled manner.
In a previous ruling issued by Administrative Law Judge Minkin on
August 21, 2014, parties’ Opening Briefs on legal and policy issues were due
60 days after issuance of the DEIR. To accommodate the revised comment
period on the DEIR, Opening Briefs are now due 75 days after issuance of the
DEIR, with Reply Briefs due 15 days after Opening Briefs.
FILED1-23-15
01:36 PM
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A.12-04-019 GW2/sbf/avs
- 2 -
California-American Water (Cal-Am) has drilled a number of boreholes to
provide stratigraphic data that will be useful in performing hydrologic analysis
for the DEIR. In addition, Cal-Am is drilling a test well at the Cemex site. In the
process of drilling the test well, additional stratigraphic data will be obtained
that could be useful in the DEIR’s hydrologic analysis.1 Incorporation and
analysis of this data, such as its use in modeling runs, is taking more time than
allowed for in the current schedule.
Our DEIR preparation process also needs to remain coordinated with the
DEIR being prepared by the Monterey Regional Water Pollution Control Agency
(MRWPCA) for their Groundwater Replenishment Project, and recent revisions
to the Groundwater Replenishment Project (such as the identification of new
source water) must also be analyzed and incorporated into the California Public
Utilities Commission’s DEIR. In order to include this data and the related
analysis in the DEIR, more time is needed than is provided by the current
schedule. Because of the scope of the EIR, and its relationship to the
Groundwater Replenishment Project, we will be allowing for a 60-day, rather
than a 45-day, comment period on the DEIR.
Finally, it is important that the DEIR (and Final Environmental Impact
Report (FEIR)) provide adequate information and analysis of the possible effects
of the MPWSP on groundwater. The State Water Resources Control Board
(SWRCB) has indicated that this is a topic that is important for the Commission
to address, and has given us some guidance on how to do so. Commission staff
1 Because of the duration required for a pump test from the test well, it is unlikely that
significant pump test data from the test well will be available for the DEIR. In addition, the testwell is subject to litigation that could delay its drilling and operation.
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A.12-04-019 GW2/sbf/avs
- 3 -
has consulted with SWRCB on this issue, and it appears that the potential value
of the additional data and analysis that hopefully will become available
outweighs the cost of the minor delay that is contemplated.
Accordingly, the schedule is modified to be as follows:
April 2015 – DEIR issued for comment.
60 days from DEIR – Comments on DEIR.
75 days from DEIR – Opening Briefs filed and served.2
15 days from Opening Briefs – Reply Briefs filed and served.3
July 2015 – All-party meeting.
October 2015 – FEIR published.
December 2015 – Proposed Decision issued.
January 2016 – All-party meeting.
February 2016 – Proposed Decision on Commission Agenda.
The schedule for Phase 2 of this proceeding may also need to be modified,
but we will not modify it at this time. As the proceeding progresses, we will
evaluate the need to modify the Phase 2 schedule.
IT IS RULED that:
1. The schedule for this proceeding is modified as described above.
2 Briefs shall use a common outline. Cal-Am shall consult with parties to develop acommon outline, and shall serve the common outline no later than 15 days afterissuance of the DEIR.
3 Reply Briefs will follow the same common outline as the Opening Briefs.
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A.12-04-019 GW2/sbf/avs
- 4 -
2. Ex parte communications with decisionmakers in this proceeding are
prohibited.
Dated January 23, 2015, at San Francisco, California.
/s/ GARY WEATHERFORD
Gary WeatherfordAdministrative Law Judge
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23 January 2015
UPDATED Schedule and Task Lis t for MPWSP Post Settlement (REV 23 JAN 2015)
RED are changes from 7 Oct 13 Schedule.
CPUC Calendar Dates
Task Due Date Responsible Party NotesComments onSettlement Agreements
Due
August 30, 2013 Complete
Reply Comments onSettlement Agreements
Due
September 13, 2013 Complete
PrehearingConference: Status ofSettlement Motion (ifany), of CEQA work
& other matters
September 16, 2013 Complete
Quarterly Check-in Call
with Settling Parties
October 2014 MPRWA Complete
Informational Hearingon Settlement Agreements
December 2-3, 2013 Complete
Quarterly Check-in Callwith Settling Parties
January 2015 MPRWA Complete
DEIR circulated forComment
Feb 28, 2014 April 2015
all
Quarterly Check-in Callwith Settling Parties
April 2015 MPRWA
Cal-Am to file and servea common outline for
legal and policy briefs,after consulting with
parties
April 29, 2014 15 daysafter issuance of DEIR
all
Comments on DEIRDue
April 14, 201460 days from DEIR
all
Common OutlineOpening Briefs filed and
served on legal andpolicy issues
April 29, 201475 days from DEIR
all
Reply Briefs filed andserved on legal and
policy issues
May 14, 201415 days from Opening
Briefs
all
All party meeting July 2015 CPUC
FEIR published June 17, 2014October 2015
CPUC
ProposedDecision addressing
certification of FEIR andissuance of CPCN
July 2014 Phase 1December 2015
CPUC
Quarterly Check-in Callwith Settling Parties
July 2015 MPRWA
Target for Commission Action on Phase I
August 2014
015621\0002\11340073.1 1/30/15
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23 January 2015
Task Due Date Responsible Party Notes
Quarterly Check-in Callwith Settling Parties
October 2015 MPRWA
Quarterly Check-in Callwith Settling Parties All party meeting
January 2016 MPRWACPUC
Proposed Decision onCommission Agenda
February 2016 CPUC
Testimony, settlementdiscussions, hearings,
decisions fromSettlement K
December 2014-July2015 November 2015-
June 2016
Cal-Am, MRWPCA,MPWMD, CPUC
See GWR Schedule
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23 January 2015
GWR (Rev 5 JAN 2015)
Task Due Date Responsible Party Notes
File Motion forBifurcation of theGWR Decision
August 2013 MRWPCA Complete and Granted
Board Actions to Approve RevisedGovernance Committee
Agreement
August/Sept 2013 MPWMD, MPRWA,County, & Cal-Am To be Completed inOctober
Executed Agreementsfor GWR Source Water
and/or DeclaratoryRelief
Sept-Nov 20136 Party Joint MOU
Approved mid-Oct 2014
MRWPCA Meet & Confer inProgress for Definitive Agreements (March
2015)
Draft WPAOct-Dec 2013 April 2015
MPWMD & MRWPCA Delayed per Oct 2014CPUC Adjustment ofPhase 2 Schedule
Obtain Representationsfrom DPH re Use ofExtracted GWR Water
Oct-Dec 2013June 2014
MRWPCA Dept Public HealthConcept Project Approval received
June 2014
Obtain Representationsfrom RWQCB re Use ofExtracted GWR Water
Oct-Dec 2013June 2014
MRWPCA ????
Storage Agreementwith Seaside Basin
WatermasterOct-Dec 2013 April 2015
MRWPCA & MPWMD
GWR Basis of DesignComplete with At Least
10% DesignOct-Dec 2013October 2014
MRWPCA complete
GWR Financing PlanSufficient for SRF
FundingOct-Dec 2013
May 2015
MRWPCA & MPWMD
Agreement on Terms ofWPA Jan 2014
June 2015
Cal-Am, MRWPCA,&MPWMD
Perform Revenue
Requirement AnalysisIncluding Any DebtEquivalency Effect
Jan-Mar 2014June 2015
MRWPCA & MPWMD
Perform Assessment ofGWR Positive and
Negative Externalitiesfor Any Premium
Showing
Jan-Mar 2014June 2015
MRWPCA & MPWMD
DEIR Circulated July 2014 March 2015 MRWPCA Coord w/Cal Am DEIR
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23 January 2015
Dilution WaterRequirements
July-October 2014Not Required
MRWPCA
Project Approved andFEIR
October 2014September 2015
MRWPCA
CPUC TestimonyPhase Commences
November 2015 Cal-Am, MRWPCA,MPWMD, CPUC
CPUC EvidentiaryHearings
January 2016 Cal-Am, MRWPCA,MPWMD, CPUC
All Permits for GWRConstruction Obtained January 2015
February 2016
MRWPCA For Major Permits
Target for CPUC Actionon Phase 2 Decision
June 2016 Cal-Am, MRWPCA,MPWMD, CPUC
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23 January 2015
Source Wells (Rev 5 JAN 2015)
Task Due Date Responsible Party Notes
Drill ExploratoryBoreholes
Sept. 2013 – February2014
Cal-Am Complete
Commence
Hydrogeologic Studyand Technical Report
August 2013 Cal-Am / SVWC Underway
Permits for CEMEXSite Test Well
January 2014 Nov 12,2014
Cal-Am Coastal Commission Approved CDP.
CEQA lawsuit pending
Drill CEMEX Site TestWell
February 2014 NovDec14-FebMar 15 subject
to Coastal Commission
Cal-Am
Results of Test WellOperation Obtained
February 2014 2015 –February 2016 2017
Cal-Am Delayed -see above
Hydrogeologic Studyand Technical Report
Complete and ResultsFiled with CPUC
June 2015
?
Cal-Am Delayed -see above
Necessary Agreementsfrom CEMEX for
Source Wells
Nov. 2015, or sooner?Nov 2016, or sooner
Cal-Am
All Necessary Permitsfor Construction of
Source Wells Obtained
Nov. 2015, or sooner?Nov 2016 or sooner
Cal-Am
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23 January 2015
Securit ization (Rev 5 JAN 2015)
Initial Revision and
Redline of Legislation
Early September 2013 MPWMD Complete
Obtain Cal-Am Input onDraft Legislation
Late September 2013 MPWMD, MPRWA, &Cal-Am
Complete
Retain Necessary
Additional
Financial/Legal
Consultants (Charles
Atkins)
October 2013 MPWMD In ProgressComplete
Revise Financial
Comparison of
Securitization v. Cal-Am
Financing
October 2013 MPWMD & Cal-Am In ProgressOn-Going
Meeting with
Community/Interest
Groups and Cities
October-December
2013
MPWMD & MPRWA In Progress Complete
Further Revise
Legislation as
Necessary
October-November
2013
In Progress Complete
Draft Summary of
Legislation
December 2013 MPWMD Complete
Introduce Legislation January 2014 Complete
Lobbying Effort February-April 2014 MPWMD, MPRWA, &
Cal-Am
In Progress Complete
Legislation Adopted
Governor Signed
April-May 2014 Sept 19,
2014
Passed Senate
Unanimously; Referred
to Assembly Complete
Initial Draft of Motion for
Financing Order
April 2014
March 2015
MPWMD
Perform Analysis to
Demonstrate Annual
Customer Benefits
Exceed 1.0% of Total
Annual Revenue
Requirement
April 2014
March 2015
MPWMD & Cal-Am
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23 January 2015
Motion Application for
Financing Order
May 2014
May 2015
MPWMD
Obtain CPUC Financing
Order
August 2014 November
2015
Order on securitization
financing on satisfaction
of remaining criteriafrom Settlement K
Preliminary Discussions
with Bond Underwriters
September-December
2014
MPWMD Complete??
Drafting of
documentation for bond
requestsDocuments
September
2014January-April 2015
MPWMD & Cal-Am
Preliminary Discussions
with Rating Agencies
February-April 2015 MPWMD
Issuance of Public BondFinancing
End of 2015 Q2-Q32016
MPWMD
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 6.
№06/12
FROM: Executive Director Cullem
SUBJECT: Approve Invitation to New Interim General Manager of theMarina Coast Water District to Serve As A Member of TheWater Authority Technical Advisory Committee (TAC)
RECOMMENDATION:
It is recommended that the Water Authority Board extend an invitation toBill Koker, the new interim general manager of the Marina Coast WaterDistrict, to serve as a member of the Water Authority TAC.
DISCUSSION:
At Exhibit A is the staff report provided to the Water Authority on Aug 14,2014, recommending that Brian Lee be invited to join the TAC. Asdiscussed in the report, staff believes that participation on the TAC can onlyimprove communication between Marina and the Peninsula cities, and
could help us find "win-win" solutions to our regional water problems.
Brian Lee, the Interim General Manager last year, accepted the invitationand served as a member until his departure from MCWD in January 2015.
The TAC discussed inviting the current interim General Manager, BillKoker, to fill the MCWD seat on the TAC. Following discussion and publicinput, the TAC voted 5-2 to recommend to the Water Authority that weextend the invitation to Bill Koker.
EXHIBITS:
A- Staff report provided to the Water Authority on Aug 14, 2014
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: August 14, 2014
Item No: 7.
№06/12
FROM: Executive Director Cullem
SUBJECT: Receive report, discuss, and vote on staff proposal to add the GeneralManager, or District Engineer, of the Marina Coast Water District(MCWD) as a member of the Authority Technical Advisory Committee(TAC) and to add a MCWD hydrologist to the Monterey Peninsula WaterSupply Project (MPWSP) Hydrogeologic Working Group.
RECOMMENDATION:
Staff recommends that the Water Authority invite Marina Coast Water District (MCWD)
participation on the Technical Advisory Committee (TAC) and consider if it should makea recommendation to the settling parties to add a MCWD hydrologist to the test slantwell Hydrogeologic Working Group (HWG).
DISCUSSION:
During January and July 2014, the City of Marina has been heavily involved in thepermitting of the bore hole construction and in consideration of a mitigated negativedeclaration (MND) and coastal development permit (DP) for Cal Am's test slant well atthe CEMEX site.
During public hearings, the Marina Coast Water District (MCWD) raised a number ofconcerns that suggest a lack of communication between MCWD and Cal Am, and withthe Water Authority as well. This situation has not only delayed progress on the desalplant approval and construction, but has raised serious concerns on the part of theMCWD and City of Marina that its water needs may be placed at risk as a result of thedesal plant slant wells.
To initiate a dialog on these issues, several informal MCWD/MPRWA managementlevel meetings were held during the week of August 4. Amongst other things, it wasconcluded that participation by MCWD representatives on the TAC, and possibly on theHWG, would provide early MCWD input on technical issues related to the Desal facility
and the slant wells, facilitate MCWD environmental review of the MPWSP EIR, insurethe concerns of Marina residents get timely consideration, and improve communicationbetween and amongst MCWD, Cal Am, and the Water Authority.
It should be noted that the TAC already has a member from the agricultural communityto articulate ag interests prior to Water Authority decisions and deliberations. Thus, theExecutive Director recommends the Authority extend an invitation to the MCWD DistrictEngineer (Interim General Manager) to join the TAC for the same purpose.
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 7.
№06/12
FROM: Executive Director Cullem
SUBJECT: Receive Report on Monthly Reports to the AuthorityBoard on the Activities of the Public OutreachConsultant and Discussions of Priorities
RECOMMENDATION:
Staff recommends the Water Authority receive the first of monthly reports
on the activities of Environmental Relations PR, the Water Authority Public
Outreach consultant.
DISCUSSION:
At its meeting on April 25, 2013, the Water Authority approved a Public
Outreach budget of $49,000 of which $20,000 was budgeted for Speaker’sBureau Support. Following an RFP process in September 2013, the Water
Authority awarded a contract to Environmental Relations PR for Public
Outreach Services for the FY 2013-2014 at a price not-to-exceed $15,000.
At its meeting of December 11, the Water Authority approved a extension
of the contract for FY 2014-2015 at a price not-to-exceed $10,000. A copy
of the current Scope of Work is at Exhibit A.
As a condition of contract approval this year, staff and the consultant were
directed to meet with Vice President Kampe to establish clearer objectives
and to document accomplishments. At a meeting on Jan 16, 2015, it was
agreed that the Authority should receive a monthly report on outreach
activities and priorities.
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Accordingly, Ashley Belany from Environmental Relations PR will discuss
the following activities:
1. WEB Site Update2. Draft Slant Well newspaper article3. Coordination meeting with WA Vice-President Kampe4. Update Public Information handout5. Updated Facebook page and posting of news
FISCAL IMPACT:
At fiscal year end, the Authority had expended quite a bit less than $49,000in FY 2013-2014 for Public Outreach, and actual contract expenditures for
the Public Outreach Services contract were substantially less than $15,000
as well. Staff expects to further reduce expenditures under the current not-
to-exceed $10,000 consultant contract.
ATTACHMENTS:
A - Public Outreach Scope of Work for FY 14-15
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Public Outreach Services
Monterey Peninsula Regional Water Authority
Scope of Work: October 2014-2015
A. Update master plan for Public Outreach and Information
B. Work with Board members and staff on identification of issues & Message
Development
C. Establish and maintain contacts with the media
D. Propose and prepare periodic op-eds as needed
E. Maintain and update all presentation materials for use by staff & Board members
F. Develop and update audience specific handout materials
G. Update, expand Frequently Asked Questions for print and on website
H. Develop social media, including feedback opportunities
I. Maintain and update Water Authority website
J. Monitor Water Authority meetings and proceedings
K. Coordinate all public outreach & messaging with MPWMD and MRWPCA via the
MPWMD Public Outreach Committee
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 8.
№06/12
FROM: Executive Director Cullem
SUBJECT:Designation of Alternate Water Authority Representative On theGovernance Committee
RECOMMENDATION:
Staff recommends that the Authority designate an alternate representative
to the Governance Committee (GC).
DISCUSSION:
Mayor Burnett serves as the Water Authority representative to the GC. Withthe departure of Chuck Della Sala from the Water Authority Board, theposition of alternate Authority representative is vacant. The GovernanceCommittee has requested the Board designate a replacement by name orposition.
ATTACHMENTS:None
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 9.
№06/12
FROM: Executive Director Cullem
SUBJECT:Receive Update, Discuss, And Provide Direction On WaterAuthority Participation In Obtaining A Cease and Desist Order(CDO) Extension
RECOMMENDATION:
It is recommended that the Water Authority Board receive and discuss an
update on efforts by the settling parties, including California AmericanWater Co. (Cal Am), the Monterey Peninsula Water Management District(MPWMD), and the Monterey Peninsula Regional Water Authority(MPRWA) to obtain an extension of the CDO 2009-60 deadline date ofDecember 31, 2016.
DISCUSSION:
Due to a variety of reasons, many beyond the control of Cal Am, as well as
the community, the Monterey Peninsula Water Supply Project (MPWSP)has been delayed to the point where it is virtually impossible for Cal Am tomeet the State Water Resources Control Board CDO 2009-60 deadline ofDecember 31, 2016.
The public has become increasing concerned as the CDO date approachesand has expressed a desire to be better informed as to how Cal Am andpublic officials are planning to deal with the problem. Accordingly, staffrecommends this issue be agendized for updates at all future meetings.
As discussed in previous Water Authority meetings, representatives of thesettling parties have been in discussion with the California State WaterResources Control Board (SWRCB) staff in an effort to develop proposalsacceptable enough to secure staff concurrence with a formal request for aCDO extension that will be made to the State Board in 2015.
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Last year, the Authority Board selected Mayor Burnett to represent theMPRWA at discussions with the SWRCB and other settling parties.
Of particular importance during these discussions is that the WaterAuthority and other public officials are opposed to penalties or othermeasures mandated by the SWRCB that result in unfair or punitive impactson ratepayers who have exceeded conservation goals and who have noresponsibility for the delay.
While the potential terms of an extension to any CDO remain underdiscussion, key principles that might be included in an agreement to extendthe CDO include the following:
• A four-year extension of the CDO deadline from December 31, 2016to December 31, 2020.
• A new reduction schedule in regular increments during the extension,but suspension of the prescribed reductions if MPWSP milestonesare satisfied.
• Authority for the SWRCB staff to suspend a reduction correspondingto a missed milestone if staff determines that the milestone wasmissed due to circumstances beyond the control of Cal-Am,
MPWMD, and the Water Authority.
Discussions continue under a tight timeline, since, for a variety of reasons,we believe we need to have an agreement in draft early in 2015. In anyevent, it is the intent of the Board to discuss any draft agreement at a futureWater Authority meeting and to gather public input.
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 10.
№06/12
FROM: Executive Director Cullem
SUBJECT: Receive And Discuss The Current "Summary" Monterey Peninsula WaterSupply Project Schedule Including The Status Of The Test Slant WellConstruction And An Evaluation Of The Technical, Economic, And LegalFeasibility Of Slant Wells After Data Is Available From The Test Well
RECOMMENDATION:
It is recommended that the Water Authority Board receive a report from Cal Am on the
status of the construction of the test slant well and an evaluation of how slant wellfeasibility will be determined after test well data has become available. In addition totechnical viability, feasibility will have to consider economic, legal, and possibly politicalissues as well.
DISCUSSION:
At its meeting of November 7, 2014, the California Coastal Commission issued aCoastal Development Permit (CDP) for Cal Am's test slant well at the CEMEX site. Inaddition, Cal Am and CEMEX have reached agreement for access to the site.
To date, legal efforts by the Marina Coast Water District (MCWD) and the Ag Land Trustto stop the construction and operation of the test slant well have been unsuccessful.
The test slant well has now been drilled to its design depth and Cal Am expects to beginpumping by March 1 to provide the data needed by the Hydrogeologic Working Group.
Cal Am will provide an update on the status of the slant test well including an update ofthe "Summary Permits and Approvals" schedule. Cal Am will also discuss how the issueof feasibility for installation and operation of production wells will be addressed.
ATTACHMENTS:
Current Cal Am "Summary" Schedule for Permits and Approvals
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20182017201620152014
DEIRJan 2015
FEIRJuly 2015
S O N D J F M A M J J A S O N D
CCCApproval
Feb-Mar. 2016
SWRCB CurrentCDO Deadline
Dec. 31, 2016
!
2019J F M
CPUCEIR/CPCNApprovalQ3 2015
J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
Start-upWindow
RWQCBApplicationAug. 2015
Start-up
CCCPermit
ApplicationJan 2015
RFQ/RFP &ApproveDB ContractorMarch to May
FEIR
Construction
Nov. 2015
Permitting
Construction & Commissioning
60%09-2014
90%03-2016
Final06-2016
Start-up WindowPartial or Full
Construction & Commissioning
Start Construction07-2016
Design, Land, Permitting & Contracts
Note: The schedule is based on the information and assumptions available at time of update and is accurate to +/-6 months.
Construction
Slant Wells
Phase 1
Slant Wells
Phase 3
Slant Wells
Phase 2
Production Wells
Mid 2018 Q1 20
Start Construction04-2016
(if needed)
Design & Permitting
Snowy Plover Nesting SeasonLimited Construction Activity
Snowy Plover Nesting SeasonLimited Construction Activity
Snowy Plover Nesting SeasonLimited Construction Activity
Updated January 8, 201
TestimonyNov-Dec 2015
CPUC Evid.Hearings &BriefingsJan-Feb 2016
CPUC ProposedDecision &ActionMay-June 2016
Draft WaterPurchase
AgreementQ2 2015
Q3 to Q42017
Construction & Commissioning
Test Well Operation
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2
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Monterey Peninsula Regional Water AuthorityMonterey Peninsula Regional Water AuthorityMonterey Peninsula Regional Water AuthorityMonterey Peninsula Regional Water AuthorityAgenda ReportAgenda ReportAgenda ReportAgenda Report
Date: February 12, 2015
Item No: 11.
№06/12
FROM: Executive Director Cullem
SUBJECT: Receive Year End Budget Review for Calendar Year 2014-15, Discuss,and Provide Guidance To Staff.
RECOMMENDATION:
It is recommended that the MPRWA receive an update of the budget for FY 2014-2015as of the end of calendar year 2014 and provide direction to staff.
DISCUSSION:
At its meeting of April 10, 2014, the Water Authority adopted a budget of $458,680 forFiscal Year 2014-2015. As of December 31, 2014, the Authority has expended$210,862.10 (32.01%) of the budget funds.
The contribution from each City and Monterey County was calculated based upon a"fair share" of the budget. The actual invoice to each entity was reduced by its fair-sharecredit from a $121,000 surplus in FY 2013-2014. The surplus resulted from lower thanexpected Special Counsel costs due to delays at the CPUC in the settlementproceedings.
Special Counsel continues as a major budget item, but we are well within the budget asof December 31, 2014, again largely due to additional delays in the CPUC proceedings.In addition, the Authority has continued to be able to conduct business at one (1) WaterAuthority meeting and one (1) TAC meeting per month. That reduced schedulesubstantially lowers administrative costs.
As of December 31, 2014, staff projects that we should have savings in the Directorspay, Special Counsel expenses, and Contract Services totaling about $100,000. Sincethis projected savings is dependent upon future developments, including whether theCounty will, in fact, pay its $153,000 fair share, staff recommends we refrain fromcrediting funds back to the agencies until the end of the fiscal year.
FISCAL IMPACT:
Should the Water Authority expenditures benefit from the $100,000 savings as notedabove, the final budget or 2014-2015 will be approximately $358,680. That in turnwould allow a "fair-share" credit to agencies against the FY 2015-2016 contributions.
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Member City
Approved %
Distribution
W/Out MoCo
Proposed %
Redistribution
W/MoCo
Monterey County 0% 34%
Carmel By the Sea 9.30% 6.14%Sand City 1.30% 0.86%City of Pacific Grove 18.80% 12.40%City of Seaside 22.00% 14.50%City of Monterey 46.50% 30.70%City of Del Rey Oaks 2.10% 1.40%Total Income 100.00% 100.00%
PROPOSED
Member City
Proposed %
Distribution
W/MoCo
REVISEDContributions
Anticipated
FY 2014-15
Carmel By the Sea 6.14% $28,163Sand City 0.86% $3,945City of Pacific Grove 12.40% $56,876City of Seaside 14.50% $66,509City of Monterey 30.70% $140,815City of Del Rey Oaks 1.40% $6,422
County of Monterey 34.00% $155,951Total Income 100.00% $458,680
Distribution Percentages
Member Contributions - w/MoCo
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Monterey Peninsula Regional Water AuthorityAgenda Report
Date: February 12, 2015
Item No: 12.
№06/12
FROM: Authority Clerk Milton
SUBJECT:Discuss Implications Of An Earlier Start Time For FutureMeetings
RECOMMENDATION:
It is recommended that the Water Authority Board discuss the implicationsof an earlier start time and provide staff direction.
DISCUSSION:
The issue of earlier start times for future Water Authority meetings wasraised at the meeting of January 8, 2015. However there are some issuesrelated to facility conflicts and live television coverage if meetings are heldearlier than 7:00 p.m.
Any additional issues with the proposed time change.
ATTACHMENTS:
None
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