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MPRWA MINUTES 03-14-13.pdf

MPRWA MINUTES 03-14-13.pdf

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Published by L. A. Paterson
Monterey Peninsula Regional Water Authority (MPRWA)
Monterey Peninsula Regional Water Authority (MPRWA)

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Published by: L. A. Paterson on Apr 09, 2013
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MINUTESMONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)Regular Meeting7:00 PM, Thursday, March 14, 2013COUNCIL CHAMBERSFEW MEMORIAL HALLMONTEREY, CALIFORNIADirectors Present:
Burnett, Edelen, Kampe Pendergrass, Rubio, Della Sala
 Directors Absent:
None
Staff Present:
Executive Director, Legal Counsel, Clerk of the Authority
 ROLL CALL
President Della Sala Called the meeting to order at 7:02 p.m.
PLEDGE OF ALLEGIANCEREPORTS FROM BOARD DIRECTORS AND STAFF
President Della Sala invited reports from Directors and Staff. Vice President Burnett noted thatStaff is working with the State Water Resources Control Board and the Coastal Commission tocoordinate permits for the Monterey Peninsula Water Supply Project (MPWSP). He thenconfirmed that Cal Am had submitted their application to City of Marina for the test well projectand he has requested Congressman Farr to assist with coordination of all of the State andFederal permitting agencies that will be involved. Legal Counsel Freeman informed theAuthority and the public that next Governance Committee meeting is on Wednesday, March30,
,
2013 at 4:00 p.m. and staff is currently forming an agenda distribution list and anyoneinterested to be included in distribution should contact Arlene Tavani at www.mpwmd.net.
PUBLIC COMMENTS
President Della Sala invited public comments for items not on the agenda. George Rileyquestioned a recent conference call regarding the process of the California Public UtilitiesCommission (CPUC) evidentiary hearings and the schedule for witness testimony. Hequestioned the legitimacy of a comment about settlement discussions and informed theAuthority that they should anticipate litigation. Nelson Vega spoke about recent Monterey CityCouncil meetings and is concerned there is no consensus. He then requested the Authority bein communication with The State Water Resources Control Board requesting an extension tothe Cease and Desist order, in the event the MPWSP stalls. President Della Sala clarified thatCouncil Members are also citizens and have the right to speak their position at any time. VicePresident Burnett commented that staff and Directors are reaching out to the SWRCB but doesnot think the timing is ripe for requesting and extension.Jim Cullem questioned the location of the MPWSP facility and specifically questioned the right-of-way assessments. He asked if the Directors had considered requesting first rights of refusalfor the public right away then suggested working with the Transportation Agency of MontereyCounty (TAMC). Executive Director Reichmuth responded that discussions are being facilitatedand TAMC is in the appraisal process to determine fair market value. The land was purchasedwith State Land’s funds, and currently there is no objection for pipeline utilization. Rick Riedlindicated that portions of the land are owned by the City of Seaside and encouraged
 
MPRWA Minutes Thursday, March 14, 2013Monterey Peninsula Regional Water AuthorityRegular Meeting Minutes - Thursday, March 14, 20132discussions to include the City. Sue McCloud encouraged the televising of the Governancemeetings to ensure access to the public and also requested clarification between the differentBoards and their responsibilities, so there is not duplication of efforts. Lastly, she encouragedthe ability to have information distributed earlier so it could be reviewed by the public prior tothe meeting. Vice President Burnett responded that staff will work to determine theresponsibilities for the different Boards.
APPROVAL OF MINUTES
1. February 14, 2013
Action: Continued to Next Meeting 
2. February 28, 2013
Action: Approved as Amended 
On a motion by Director Kampe, seconded by Directors Pendergrass, and carried by thefollowing vote, the Monterey Peninsula Regional Water Authority approved the mintues ofFebruary 28, 2013 as amendedAYES: 6 DIRECTORS: Burnett, Edelen, Kampe, Pendergrass, Rubio,Della SalaNOES: 0 DIRECTORS: NoneABSENT: 0 DIRECTORS: NoneABSTAIN: 0 DIRECTORS: NoneRECUSED: 0 DIRECTORS: No
 
ne
AGENDA ITEMS
3. Review and Provide Recommendations on Cal Am Draft Outline of RFQ and List of Qualifications andSelection Criteria
Action: Recommendations Provided 
Vice President Burnett presented the item and reported about the comments made at the GovernanceCommittee meeting regarding the proposed Request for Qualifications (RFQ). He qualified that underCategory B1 of the Authority adopted policy agreement, the Governance Committee can make arecommendation and if Cal Am chooses not to follow, they need to provide written documentation. VicePresident Burnett then spoke to the outline in the packet, and to the time frame provided by Cal Am.They are currently talking with eight qualified firms. The RFQ will be issued by the April 1,
,
2013 tonarrow the field from eight to four firms. In June, 2013 the Request for Proposal (RFP) will be releasedwith a 90 day response time, and the winning firm will be selected. Vice President Burnett then read alist of changes to the document suggested by the Governance Committee and the Directors discussed.Executive Director Reichmuth added that this will likely be a design-build contract, which reduces theliability to Cal Am and leaves it with contractor. Also, the extent and type of State and Federal fundsused will determine if prevailing wages are required. Vice President Burnett answered questions fromthe Directors
 
MPRWA Minutes Thursday, March 14, 2013Monterey Peninsula Regional Water AuthorityRegular Meeting Minutes - Thursday, March 14, 20133Director Rubio spoke to the prevailing wage requirements and requested the RFQ to include compliancewith Federal and Local requirements regarding prevailing wage. Director Edelen disagreed andexpressed it will drive the cost up to the consumer. He added that considerations for energy efficiencyand LEED certification (Leadership in Energy and Environmental Design) should only happen as long asit does not increase the costs of water. Director Pendergrass questioned hiring a firm before theCalifornia Public Utilities Commission (CPUC) makes a decision and supported Director Rubio’srequest. Vice President Burnett clarified if Cal Am utilizes public funding; the project would be requiredto employ only prevailing wage workers.President Della Sala opened the item to public comment. Doug Wilhelm spoke to Director Pendegrass’comment and encouraged developing a critical path and a schedule, including a safety factor. NelsonVega spoke in support of Director Edelen's comment indicating cost is the most important factor and thatmost of the people on the peninsula don't earn paid a prevailing wage and the goal should be to havethe best value for the dollar spent. Jim Cullem questioned how much more the construction would cost ifprevailing wages were required and requested that criteria be added to the RFP to includemaintainability and adaptability of the facility, noting that processes might be very efficient, but might notbe easy to maintain. He also requested the firm be required to be able to design to emergingtechnologies to make it less costly to operate in the future. With no more requests to speak, PresidentDella Sala closed public comment and brought the discussion back to the Board to providerecommendations on the RFQ.The following recommendations were made:1. Consider eliminating the requirement for LEED design, but maintain requirements for energyefficiency to the extent that it delivers real savings to customers.2. The maintainability and adaptability of the plant over time, that is open to new technologies4. Report from Cal-Am Regarding Test Well Design, Development and Permitting
Action: Update Provided by Cal Am Water Representative 
Cal Am Water Representative Catherine Bowie discussed changes that have occurred since the lastAuthority update. She reported that four of the six required permits have been submitted; the StateLands Commission and the Monterey Bay National Marine Sanctuary are outstanding. Construction ofthe test wells is on track to begin in November 2013 and the project is on track to meet the currentconstruction schedule. Ms. Bowie then answered questions from the Authority.Vice President Burnett added that with respect to the City of Marina application, it has not yet beenapproved due to an agreement with the Sierra Club. The permit requires any applicant requesting aNegative Declaration Environmental Impact Report (EIR) have approval from the Sierra club. VicePresident Burnett has been working with Marina Mayor Delgado with respect to this requirement.Congressman Farr is assisting with coordinating with the federal agencies for alignment of interest toexpedite the permitting processes.President Della Sala opened the item to public comment and had no requests to speak.5. Receive Report on First Governance Committee Meeting and Provide Direction
Action: Recommendations Provided 

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