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DRAFT MINUTES REGULAR MEETING MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) April 10, 2014

DRAFT MINUTES REGULAR MEETING MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) April 10, 2014

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Published by L. A. Paterson
Monterey Peninsula Regional Water Authority Minutes
Monterey Peninsula Regional Water Authority Minutes

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Published by: L. A. Paterson on May 12, 2014
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MINUTES MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) Regular Meeting 7:00 PM, Thursday, April 10, 2014 580 PACIFIC STREET MONTEREY, CALIFORNIA Directors Present:
Burnett, Edelen, Alt. Lucius, Pendergrass, Rubio, Della Sala
Directors Absent:
None
 Staff Present:
Executive Director, Legal Counsel, Clerk
ROLL CALL
President Della Sala called the meeting to order at 7:00 p.m. Alternate Director Casey Lucius was present representing the City of Pacific Grove.
PLEDGE OF ALLEGIANCE REPORTS FROM BOARD DIRECTORS AND STAFF
No reports from Directors or staff.
PUBLIC COMMENTS
President Della Sala invited public comments for items not on the agenda. Tom Rowley spoke representing the Monterey Peninsula Taxpayers Association regarding Monterey Peninsula Water Management District use of Ordinance 152 funds, and is awaiting a decision by the judge regarding a submitted referendum. He thanked the Directors for not approving a study and for not supporting Measure O. Nelson Vega requested an update of the projects that make up the portfolio and spoke to the potential to size the desalination facility at over 12,000 acre/foot. David Lifland spoke to the proposed plan that the Seaside Basin would be a mixture of water from all three water projects, but questioned the intentions to price that water.
AGENDA ITEMS
1. Receive, Discuss, Revise, and Approve the Request for Proposal (RFP) and Scope of Work for a Value Engineering (VE) Study of the Monterey Peninsula Water Supply Project (MPWSP) Executive Director Cullem indicated that the Governance Committee voted for selecting and contracting directly with the Value Engineering firm for the design build contract to ensure public oversight and transparency. The purpose of the VE would be to look for fatal flaws and identification of efficiencies and reduced costs through design improvements and is most effectively done at 30% design build. The estimated costs is not to exceed $200,000 with all costs reimbursable by Cal Am. The Authority would solicit and acquire the value engineer, but the Governance Committee will select the firm. Vice President Burnett indicated the TAC
 
MPRWA Minutes Thursday, April 10, 2014 Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, April 10, 2014 2 reviewed and recommended the attached RFP, contract and scope of work for the RFP. Director Rubio requested that the Authority incur any undue liability from the contract. President Della Sala invited public comment. Nelson Vega questioned the assurance of this project and if the timing was premature expressing concern regarding stranded costs. David Lifland questioned if there was a performance clause. Tom Rowley spoke to Director Rubio's concern regarding liability and in support of advice from the Legal Counsel Freeman. Director Burnett spoke to the schedule and the process by which Cal Am would or would not incorporate suggestions from the VE. Legal Counsel Freeman indicated that because we are involved in the PUC process we have to maintain the adopted schedule. The performance clause must be handled between Cal Am and the VE firm. Mr. Freeman further clarified the common local government practice for City projects to require the project to fund an EIR but the City would contract for the services, to ensure the extra layer of transparency and public oversight and control. On a motion by Director Lucius and seconded by Director Edelen and carried by the following vote, the Authority approved authorizing the Executive Director to advertise the Request for Proposal (RFP) and Scope of Work for a Value Engineering (VE) Study of the Monterey Peninsula Water Supply Project (MPWSP), if appro
 
ved by the Governance Committee: AYES: 6 DIRECTORS: Burnett, Edelen, Alt. Lucius, Pendergrass, Rubio, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None 2. Receive Update, Discuss and Provide Recommendation on Update to the Monterey Peninsula Regional Water Authority Work Plan Executive Director Cullem spoke to the status of the items approved in the previously adopted work plan. He requested direction for additions to the work plan. He noted that Monterey Peninsula Water Pollution Control Agency General Manager Israel requested to make a full presentation to the public regarding the Ground Water Replenishment "Pure Water Monterey" project to provide an update regarding the status of the project, the status of the water negotiations, the status of the settlement agreement meetings to bring the Authority and the public up to date. The Directors agreed to agendize a presentation by the MRWPCA. Executive Director Cullem encouraged the public to attend educational tours of the GWR testing facility.
 
MPRWA Minutes Thursday, April 10, 2014 Monterey Peninsula Regional Water Authority Regular Meeting Minutes - Thursday, April 10, 2014 3 Director Burnett requested direction on when the Authority would like to proceed to request an official extension of the Cease and Desist Order (CDO) from the State Water Resources Control Board and suggested timing for a petition be submitted in 2014. Director Rubio spoke to the definition of when the projects can be considered viable. Director Edelen indicated it must be after the election deciding Measure O. With regard to the required permits, the City of Marina requested more effort to keep the staff and the City more informed regarding the project. The directors discussed the permitting schedule that the level of involvement and requested to remain informed of the timelines and participate when necessary. President Della Sala invited public comment. Tom Rowley spoke to the CDO extension request timing and things that need to be done prior to the request, including more participation from the County of Monterey. Nelson Vega requested that the Authority not lose sight of the cost per acre foot of water and spoke to the impacts of uncertainty of water is going to have with regard to economic development. Source water is the issue and cost per acre foot is paramount to a viable project. Citizens are not serviced by water too expensive to drink. David Lifland spoke in support of having a successful test well prior to the petition and questioned the hydrogeological report results. Alternate Director Lucius requested adding to the strategy of the CDO that if this body is not necessarily submitting a request for the extension, but a statement of support, a coordinated strategy is important to demonstrate process and impact, including all of the agencies and associations voices into these different statements of support could be more powerful one representative to pleased. Its not just the request, but the impact of statement of support. The Directors agreed and requested that the Authority continue to pursue the work plan as written with the above additional directions 3. Approve Mid-Year FY 2013-2014 Amended Budget and Approve the FY 2014-2015 Budget Executive Director Cullem spoke to the item outlining the previously adopted budget for the 2013-14 fiscal year, which accounted for a carry over balance that was never realized due to the increase of legal services expenses. He indicated that the Authority would not be required to request additional contributions from member cities if funds outstanding from Monterey County are approved. He called attention to the contract assistance line item for value engineering services approved as fully reimbursable earlier in the meeting indicating that the contract will not be issued until the fund have been received for reimbursement. Mr. Cullem then outlined the anticipated expenditures for Fiscal year 2014-15 and noted that the funds were from Monterey County have not been factored into this budget yet as it is not guaranteed however if the county agrees to the fair share contribution, the budget would be amended.

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