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MPRWA Draft Minutes 01-31-13

MPRWA Draft Minutes 01-31-13

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Published by L. A. Paterson
MPRWA Minutes 01-31-13
MPRWA Minutes 01-31-13

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Published by: L. A. Paterson on Feb 13, 2013
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Burnett, Edelen, Kampe, Pendergrass, Rubio, Della Sala
 Directors Absent:
Staff Present:
Legal Counsel Freeman and McLaughlin, Executive Director, Clerk to theAuthority
President Della Sala called the meeting to order at 7:01 p.m. with all Directors present.
President Della Sala invited public comment for items not on the agenda. Nelson Vegacommended Mayor Burnett for an outstanding job making contact with influential people andworking for the benefit of the Authority. He encouraged the public to attend a MontereyPeninsula Water Management District special meeting next week and then he requested theAuthority to petition the State Legislature for an extension for the cease and desist order.Dan Turner said it was obvious that the Authority is leaning toward the Cal Am project andunderstood the position because it appears they can deliver but cautioned the authoritybecause he thinks the slant wells have a high chance of resulting in a lawsuit, which Cal amwould likely loose. He then spoke against the history of Cal Am projects.Anthony Tersol from the Surfrider Foundation read an excerpt from a letter the MontereyRegional Water Pollution Control Agency delivered to the California Public Utilities Commissionwhich indicated there is ample water physically available and that over the last 13 years over10,600 acre feet of water was treated and discharged in the outfall. He encouraged theconsideration of utilizing water that is treated and discharged instead of desalination.President Della Sala reminded the audience that public comments related to an agendized itemshould be delivered when the Authority opens public comment for that specific item.Alan Haffa questioned the water supply governance contract. He expressed concern theAuthority may be sacrificing the ability to govern in the future with the proposed document andencouraged each Director to seek legal advice from the City they represent before finaladoption of the document.Darby Moss Worth spoke in support of a public water option. She thinks the Public has beenpredominantly vocal supporting a public option and encouraged the Authority to listen.Ellison Ferrall spoke of his experience of financing startup and entrepreneurs. He then spoke insupport of innovation and encouraged the Authority to think outside of typical methods andpractices. He said innovation and marketing is an investment, as well as cost. Trust innovationand set the standard.
MPRWA Minutes Thursday, January 31, 2013Monterey Peninsula Regional Water AuthoritySpecial Meeting Minutes - Thursday, January 31, 20132Steve Ecklund spoke in support of publicly owned water and against Cal Am's because they area for profit company.George Riley spoke representing Citizens for Public Water commending the Directors forputting together a package that might work and he hopes Cal Am will recognize and accept theproposal. He expressed concern that that Cal am has too many hurdles that are not addressedincluding litigation and water rights and the fact Cal am has not agreed to the conditions or thenumbers presented in the SPI report. He spoke to the fact he has and will continue to advocatefor public ownership and lowest cost therefore his efforts going forward will be to focus on analternative option and will work with the Water Management District to try to make thealternative project a viable project. With no further requests to speak President Della Salaclosed public comment.
1. Approve Budget Adjustment Necessary to Fund Separation Processes Inc. and Kris HelmConsulting to Prepare Testimony To Be Submitted To the California Public Utilities Commissionon February 22, 2013 and Appear at Subsequent Hearings in April. (CPUC A 12-04-019)Executive Director Reichmuth reported that staff has been compiling comments for thetestimony to be submitted to the CPUC by February 22, 2013. However
in order to facilitate thewritten comments for the testimony, staff is requesting the authority approve an additionalcontract with the Consultants for their expertise and experience. Staff recommends usingmoney from the contingency line item from the amended budgeted for FY12-13 therefore noadditional funds will be requested from the member cities. Member Reichmuth answeredquestions from the Directors. Mayor Burnett indicated that in addition to SPI Consultants andKris Helm Legal Counsel Russ McLaughlin and Ron Larkin will also be participating, and fundswill be used from the previously approved budget.Director Edelen questioned the testimony process to understand the need and the cost forstaffing. Russ McLaughlin clarified that no one is attending the testimony hearing on February22, 2013 but that comments submitted will be written testimony. Later in April, there will be anevidentially hearing before the CPUC where witnesses that provide written testimony will besubject to cross examination.President Della Sala opened the item for public comment and with no requests to speak closedpublic comment.Director Rubio spoke in support of sending the necessary professionals indicating the weight ofthe expertise will have an effect that will be evident to the hearing and does not think this is awaste of money. Director Pendergrass agreed with Director Rubio's comments.On a motion by Director Kampe seconded by Director Rubio and carried by the following vote,the Monterey Peninsula Regional Water Authority amended the FY 2012-13 approved budgetby a maximum of $15,000 as necessary to Fund Separation Processes Inc. and Kris HelmConsulting to Prepare Testimony To Be Submitted To the California Public Utilities Commissionon February 22, 2013 and Appear at Subsequent Hearings in April. (CPUC A 12-04-019):AYES: 6 DIRECTORS: Burnett, Edelen, Kampe, Pendergrass, Rubio, DellaSalaNOES: 0
MPRWA Minutes Thursday, January 31, 2013Monterey Peninsula Regional Water AuthoritySpecial Meeting Minutes - Thursday, January 31, 20133RECUSED: 0 DIRECTORS: None2. Discuss Status of Desalination Project Proposals and Provide Direction to Staff for Submissionof Testimony to the California Public Utilities Commission on February 22, 2013 (CPUC A 12-04-019)Executive Director Reichmuth presented the report and projected the staff report on the screenfor the benefit of the public. He spoke to the fact there is only one application before the CPUCat this time and reiterated that the Authority policy has been to consider all projects equally, butsuggested that the Directors are able to make a preferred suggestion, which would not precludethe other projects. He indicated the Staff recommendation is that the Authority can conditionallysupport the Cal Am Monterey Peninsula Water Supply project. He then referenced justificationsfor the recommendation, which are listed in the agenda documents including a cost sensitivityevaluation and the decision matrix which were used to draft the deliberative document assupporting materials. Mr. Reichmuth requested the Authority to provide guidance from theDirectors to be able to draft the testimony to be submitted and asked for comments regardingthe enclosed Deliberative Document.Legal Counsel Freeman presented the history of the Authority, the water shortage issue, andthe reason for which this decision must be made. He clarified the process for the submission oftestimony and why the Cal Am project is the only project being regulated by the CPUC. He thenrequested the Authority, based on what information is available today, to direct staff regardinginformation and direction to include within the testimony document. Staff answered questionsfrom the Directors.Mayor Burnett spoke to Director Pendergrass question regarding the contingency plans and thetechnical and legal risk over the slant wells. The case was made to the CPUC in December andthe language included in the document requires Cal Am to fully develop a contingency plan thatdoes not involve wells in the Salinas basin the event that the slant wells are deemedtechnologically or legally infeasible. Director Rubio questioned the Authority’s ability to requireaccountability on the proposed policy document and questioned if the Authority would changethe recommendation if Cal Am does not comply with the conditions. The Authority agreed torevisit the issue if this Cal Am does not comply with the conditions.President Della Sala opened the item for Public Comment on the agenda item. Libby Downeyquestioned why the document was negotiable then expressed concern that the proposedsurcharge would be paid at the expense of current residents and future residents would benefit.She then encouraged the Authority to work with the Water Management District as they haveaccess to SRF loans and Cal Am cannot and indicated that the governance needs to be morespecific because she thinks it is problematic moving items between B and C. Then Ms. Downeyquestioned if the Authority considered the Poseidon project strategy so the public would buy theplant after 30 years as well as questioned if the Authority considered costs of procuring energyfrom the Waste Management District. She suggested asking a City to help get power at a lessexpensive rate. Ms. Downey said that Salinas Water Rights concern her and directed theAuthority to keep other projects supported and online. Lastly, she thanked Director Burnett forall his efforts.

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