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Mprwa Draft Minutes 09-12-13

Mprwa Draft Minutes 09-12-13

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Monterey Peninsula Regional Water Authority, Public Utilities Commission
Monterey Peninsula Regional Water Authority, Public Utilities Commission

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Published by: SebViz2 on Oct 04, 2013
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10/04/2013

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MINUTESMONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)Regular Meeting7:00 PM, Thursday, September 12, 2013COUNCIL CHAMBER580 PACIFIC STREETMONTEREY, CALIFORNIADirectors Present:
Burnett, Kampe, Pendergrass, Rubio, Della Sala
Directors Absent:
Edelen
Staff Present:
Executive Director, Legal Counsel, TAC Members Stoldt & Israel,Narigi, Clerk
 ROLL CALL
President Della Sala called the meeting to order at 7:05 p.m.
PLEDGE OF ALLEGIANCEREPORTS FROM BOARD DIRECTORS AND STAFF
Vice President Burnett reported on the upcoming pre-hearing conference for the newadministrative law judge from the California Public Utilities Commission. He noted that he andLegal Counsel McGlothlin will be in attendance. He then reported that he is meeting with stafffrom the State Water Board to continue conversations about the Cease and Desist Order andnoted that the time is still not ripe to request a modification to the CDO.Executive Director Cullem reported that the Public Outreach Request for Proposal deadline ison September 13, 2013 and that he wills agendize approval at a future meeting. He theninformed the Directors of a student volunteer from Monterey Institute of International Studiesthat will be conducting research for the Authority.1. Receive Update on Local Efforts for Storm Water Mitigation (Information Only)
Action: Received Update 
Executive Director Cullem presented the update on local efforts for storm water mitigation. Heinformed the Authority that there is a water management group working on the staff level todetermine if storm water could be a possible supply option once the Monterey Peninsula WaterSupply Project is complete. No action was taken on this item and will be revisited at a futuremeeting.2. Receive Update Regarding Administrative Services Contract Renewal (Information Only)
Action: Received Update 
 Executive Director Cullem reported that the Administrative Services Contract was extended foran additional year per the original contract provisions. There is no increase in costs for thisextension.3. Receive Update on Member City Contributions (Information Only)
Action: Received Update 
 Executive Director Cullem reminded the Directors that invoices will be submitted for approvedmember contributions for the Fiscal Year 2013-14 and encouraged the Directors to have their
 
MPRWA Minutes Thursday, September 12, 2013Monterey Peninsula Regional Water AuthorityRegular Meeting Minutes - Thursday, September 12, 20132cities process their payment expeditiously.4. Receive Opinion Editorial Dated August 17, 2013 (Information Only)
Action: Received 
This is for information only. The Opinion Editorial dated August 17, 2013 was submitted andpublished by the Monterey Herald.
PUBLIC COMMENTS
President Della Sala invited public comments for items not on the agenda. Nelson Vegaexpressed concerns with recent local meetings encouraging a buy-out of the Cal Am project.He thinks the timing is causing a major distraction requested it be agendized for discussion.David Lifland complimented Vice President Burnett on the editorial but indicated the public mayhave misinterpreted the benefit. He then questioned if the public has 78% equity in the desalfacility, why is the public not a majority partner. Lastly, he requested more information aboutstorage capacity and locations. Having no further requests to speak, public comment wasclosed.
APPROVAL OF MINUTES
Action: Approved 
 
5. August 8, 2013
On Motion by Director Pendergrass and Seconded by Director Rubio, and passed by the following vote, the Monterey Peninsula Regional Water Authority approved the Minutes of August 8, 2013 as presented: 6-0-0-0 
AGENDA ITEMS
6. Approve Payment for Legal Counsel Services, Authorize the Authority to Extend Contract forServices with Brownstein, Hyatt and Farber, Receive Update on Budget through June 30, 2013
Action: Approved and Authorized Extension 
 Executive Director Cullem reported that the funds projected for legal services in the 2012-13budget were inadequate and he requested the Board to approve the unspent funding of 2012-13 to be applied to the invoice for legal services incurred by Brownstein, Hyatt, Farber andSchreck. He noted that this will result in a needed modification for the adopted 2013-14adopted budget which could be addressed at the mid-year budget review. Mr. Cullem alsorecommended extending the contract for services with the legal service firm until December 31,2013. Mr. Cullem answered question of the Directors.
 
MPRWA Minutes Thursday, September 12, 2013Monterey Peninsula Regional Water AuthorityRegular Meeting Minutes - Thursday, September 12, 20133Director Burnett explained the higher than expected cost of legal services indicating thatengaging in the settlement process allowed a substantial number of issues to be resolvedwithout the need to engage in legal briefings. These costs were incurred at the beginning of theprocess instead of throughout and for a prolonged period of time.Director Kampe requested staff to provide projected numbers of budget increase as soon aspossible to allow the cities to prepare financially.President Della Sala opened the item for public comment. Nelson Vega expressed appreciationfor the progress made over the last two years and indicated that the costs were necessary andthat it saves money in the long run. He indicated that the Directors have proven they areworking in the best interest of the Citizens. He then requested if there has been any responsefrom the Attorney General regarding the participation of the County of Monterey as a memberof the Authority. David Lifland requested an update on the test well project. Having no furtherrequests to speak, public comment was closed.Vice President Burnett spoke to the timeline that was reported to him from Cal AmRepresentative Rich Svinland. He expressed concerned about the schedule due to the potentialslippage for the test well installation. Legal Counsel Freeman indicated there was no updateregarding the Attorney General response.
On Motion by Director Rubio and Seconded by Directors Kampe and Burnett, and passed by the following vote, the Monterey Peninsula Regional Water Authority approved payment for legal counsel services an 
 
d authorized extending the contract for legal services to Brownstein, Hyatt, Farber and Schreck until December 31, 2013: 6-0-0-0 
7. Discuss Policy Direction on Approving All Checks Paid by the Authority Quarterly
Action: Discussed and Provided Direction 
Executive Director Cullem reported that this is an administrative policy to ensure transparencywith Authority processes. President Della Sala opened the item to public comment and had norequests to speak.
On Motion by Director Rubio and Seconded by Director Kampe , and passed by the following vote, the Monterey Peninsula Regional Water Authority approved agendizing quarterly reports for expenditures to ensure transparency: 6-0-0-0 
 8. Receive Update, Discuss and Make Recommendations Regarding Public FundingOpportunities
Action: Discussed and Provided Direction 
 TAC Member Stoldt presented the report noting this was an informational item discussed at theprevious TAC meeting. He walked the Directors through handouts included in the packet whichdetailed public funding opportunities for water projects. Opportunities included State RevolvingLoans, Safe Drinking Water Revolving Fund and Proposition13 planning grants and loans. Heindicated the projects that would be most beneficial would be the bi-annual state water bond, aswell as Propositions 50 and 84 monies, some of which is awarded based on geographic region.The recommendation is to 1) demand the grant program be changed or 2) provide better grantapplications and reach out to public officials to advocate for the needs of our region, includingvalidating the cost of projected water. Mr. Stoldt then answered questions from the Board.

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