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Agenda

Monterey Peninsula Regional Water Authority (MPRWA)


REGULAR MEETING
7:00 PM, Thursday, November 12, 2015
COUNCIL CHAMBER
580 PACIFIC STREET
Monterey, California

ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any
subject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any person
or group desiring to bring an item to the attention of the Authority may do so by addressing the
Authority 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 contact
the sender concerning the details.

CONSENT AGENDA
1.

Approve Minutes from August 13, 2015 - Milton -

2.

Approve Minutes from September 24, 2015 - Milton

3.

Approve and File Authority Checks Through Nov 6, 2015 - Milton

4.

Receive the Draft Letter to the Governor's Military Council (GMC) sent through Admiral
Dan Oliver on Nov 6, 2015

5.

Receive Copy of Water Authority Financial Policies and Procedures adopted by the
Authority Board on Mar 13, 2014

6.

Adoption of Resolution 2015-XX, Approving Donald G. Freeman as Legal Counsel


through December 31, 2016 and Authorizing the Authority President to Execute
a contract extension with Perry Freeman at a Price not-to-exceed $36,000.

7.

Adoption of Resolution 2015-YY, Approving Brownstein Hyatt Farber Schreck as Special


Legal Counsel through December 31, 2016 and Authorizing the Authority President to
Execute a Contract Extension at a Price not-to-Exceed $100,000.
AGENDA ITEMS

8.

Receive, Discuss, and Provide Direction on Final Application to the State Water Resources
Control Board (SWRCB) to Modify Cease and Desist Order (CDO) 2009-0060 and Decide

Thursday, November 12, 2015

Whether to Co-apply or Send A Letter of Support - Cullem


9.

Receive an Update on the Summary Project Schedule and Status of the Test Slant Well
for the Monterey Peninsula Water Supply Project (MPWSP) - Crooks
ADJOURNMENT

The City of Monterey is committed to including the disabled in all of 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 City Clerks Office at (831) 646-3935.
Notification 30 hours prior to the meeting will enable the City to 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. For communication-related assistance, dial 711 to use
the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speechto-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing
amplification 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 public
inspection during the meeting or may be requested from the Monterey City Clerks Office at 580
Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California
Government Code Section 54954.2(a) or Section 54956.

M I N U TE S
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
Regular Meeting
7:00 PM, Thursday, August 13, 2015
COUNCIL CHAMBER
580 PACIFIC STREET
MONTEREY, CALIFORNIA
Directors Present:
Directors Absent:

Edelen, Burnett, Kampe, Pendergrass, Rubio, Alternate Director Downey


None

Staff Present:

Executive Director, Legal Counsel, Clerk

ROLL CALL
Vice President Kampe called the meeting to order at 7:00 PM.
President Burnett called in from a noticed location.
Alternate Director Downey was present for Director Roberson.
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
Vice President Kampe invited reports from the Board and Staff.
Executive Director Cullem reported that the Authority previously considered the final routing of
the pipelines as part of the DEIR for the Monterey Peninsula Water Supply Project (MPWSP)
and subsequently the City of Monterey sent a letter to the CPUC requesting consideration of a
third alternate, less intrusive route. Additionally, he announced that Keith Van Der Matten was
appointed the General Manager of the Marina Coast Water District and is now a representative
on the TAC. He then reported that the letter to the CPUC regarding the Geo Science conflict
approved the 29th of July was mailed on July 30th. Lastly, he provided a letter to the Directors
from resident Bill Hood, to Cal Am General Manager Rob MacLean as a letter of public input.
PUBLIC COMMENTS
Vice President Kampe invited public comments

George Riley expressed concern that the test well time period be too short for valuable
information and requested the Sand City pumping data be considered.
Tom Rowley, said the reason the Authority has been successful is that they approach all
issues from an independent perspective and urged the Board to take up the issue Mr.
Riley discussed.
An individual presented an alternative to the pipeline route to reduce impacts to traffic
and neighborhood.
Doug Wilhelm congratulated the Mayors for undertaking a review of the deal projects.
He hoped it was not just a show for the CPUC to prove the viability of Cal Am. He
requested agendizing a presentation on the Poseidon desalination facility.

CONSENT AGENDA

MPRWA Minutes

Thursday, August 13, 2015

Executive Director Cullem requested tabling Item #4 because no updated schedule is available.
On motion by Director Pendergrass and seconded by Director Rubio and approved by the
following roll call vote the Authority Directors approved Consent Agenda Items 1 through 3 and
tabling Item 4.
1.

Approve the Minutes of July 9, 2015 Regular Meeting


Action: Approved

2.

Approve the Minutes of July 29, 2015 Special Meeting


Action: Approved

3.

Approve and File Checks


Action: Approved

4.

Receive the Most Recent Update of the California Public Utilities Commission (CPUC)
Schedule for the Monterey Peninsula Water Supply Project
Action: Tabled
AGENDA ITEMS

5.

Receive an Update on the Summary Project Schedule for the Monterey Peninsula Water
Supply Project (MPWSP), including Status of the Application to the Coastal Commission for an
Amended Coastal Development Permit (CDP) to Resume Slant Test Well Operations, Receive
Responses to Questions Provided to California American Water Company on July 29, 2015,
Review the Table of Permits and Approvals, and Approve a Letter to Cal Am With Regard to
Slant Well Financial Risk
Ian Crooks from Cal Am provided an update on the latest project schedule for the Monterey
Peninsula Water Supply Project (MPWSP), which reflected what is known in the EIR at this
time. He detailed the schedule of the pipeline and thinks the construction can be done in 15-18
months and that Cal Am is working with the Design Build firm for efficiencies. Should be
breaking ground mid-2017. He then reported on the status on the application for the test slant
well. He then spoke to the responses to the questions posed by the Authority which were also
included within the agenda packet. Mr. Crooks invited questions regarding the responses.
Mr. Crooks also supplied and explained a table of permits that are anticipated as necessary for
the MPWSP project, delineated by state, federal and local permitting agencies. Also included
in the schedule necessary key documentation and the purpose of the permit. He reported
working with the TAC to review the permits in a Gant schedule noting many permits cannot be
completed until the CEQA/NEPA process is complete, but work can be done in anticipation. He
indicated that the Authority can assist with the anticipated schedule and assist with working with
the following agencies:

FORA regarding the terminal reservoir


The City of Seaside for the transfer of land
TAMC regarding acquiring utility easements
Other local permits from the individual cities.

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Thursday, August 13, 2015

Executive Director Cullem spoke to the draft letter prepared to send to Mr. MacLean regarding
the financial guarantee project slant wells. President Burnett added that the notion of the letter
is asking Cal Am to guarantee that if the test well and does not turn into a production well, that
the community would not need to pay for it. It's not appropriate for the community to bear the
full risk and costs.
Vice President Kampe invited comments from the public.

George Riley agreed with President Burnett citing concerns regarding stranded costs he
requested the Authority ask Cal Am to extend the time period for the test wells.
Mr. Check expressed concern regarding the Dana Point well data that the amount of
iron and manganese will impacts production. He expressed concern that there is no
chemical testing occurring which could have impacts to the operation of the plant.
Jan Schriner speaking as a resident and not as a Board Member of the MCWD, liked
the direction of the letter, and wanted to see if there was a rate of return based on
production instead of just the investment.
Nelson Vega thinks Mr. Check's point is valid, but we don't know the full story about
Dana point. He also requested consideration of private companys rights if they take a
risk, they should get a return and that if we ask them to take on risk, we should be
willing to share risk. Please dont lose sight of the goal to get the best price per acre
foot.

Director Edelen spoke to the regulatory hoops that are being required to jump through, are all
self-inflicted by the State government. He spoke to a desal plant in the Middle East and that did
not destroy the environment. Director Rubio spoke to his previous comment that baseline data
should have been collected for a variety of reasons, and in regards to the letter, it is a good
idea and it should be sent but at the same time the risk is already being shared by the
community in many ways. Alternate Director Downey thought the questions and answers
provided are interesting, but expressed frustration that many responses actually had no
answers. She does not want to pay for mistakes, but encouraged moving quickly when there is
a deadline.
Director Pendergrass motioned to authorize sending the proposed letter to Cal Am. It was
seconded by Director Edelen.
President Burnett requested a modification to the motion adding in the notion of stranded costs,
and inclusion of comments with pumping efficiencies. The amendments to the motion were
accepted.
The Authority Board discussed the Sand City intake and the efficiencies, water quality testing
results and the CPUC interpretation of the test wells if they would be considered stranded costs
and cannot be recovered or if it is a necessary project request and can be recovered.
On motion by Director Pendergrass and Seconded by Director Edelen and passed by the
following vote, the Authority Board approved the inclusion of stranded costs into the letter with
the same tone and principal of the draft letter, based on the discussion and authorized staff to
send the revised letter to Cal Am.

Monterey Peninsula Regional Water Authority


Regular Meeting Minutes - Thursday, August 13, 2015
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MPRWA Minutes
6.

Thursday, August 13, 2015

Receive Report, Discuss, and Provide Direction on Final Application to the State Water
Resources Control Board (SWRCB) for a Cease and Desist Order (CDO) Extension Request,
and Authorize the Authority President to Send a Comment Letter to the Board Staff on Its Draft
Response to the Cal Am Draft CDO Application
Executive Director Cullem spoke to the previous discussions of this item and indicated a draft
response has been received on the draft application. Progress has been made but further
review and modifications are need which will be brought back to the Authority in the future.
Secondly, Mr. Cullem requested the Board to authorize President Burnet to send a comment
letter with respect to the draft responses to the State. Director Rubio expressed concern that
the Authority has not agreed with drafting a combined letter with Cal Am and the Water
Management District. His second concern is that before authorizing the comment letter, he
wants to see the draft responses and this item is too premature.
Vice President Kampe invited comments from the public.

Ron Witezman questioned why we want to fine the rate as opposed to Cal Am.

Tom Rowley agreed with Mayor Rubio regarding a co-petition citing that that the
independence of the Authority is crucial to the long term accomplishments.

George Riley spoke in agreement of Mr. Rowley and Mr. Weitzman

John Narigi representing the Coalition of Peninsula Businesses, pleased with the
outcome of the final document but remains concerned regarding fault imposed for
missing the milestones. He spoke in support of unification of the Authority and the
District as long as it does not impact the protection of the community.
Jan Shriner speaking as a Marina resident spoke to the confusion of the role of
government vs business. Urged being careful of resenting state government for
protection of people's resources.
Nelson Vega spoke in support of Mr. Narigi and Director Rubio to maintain
independence.
Michael Baer expressed concern that the Authority is assuming risk by co-signing and
that it is contradictory to the letter they discussed previously.

Director Rubio reiterated that before authorizing to send a comment letter he requested to see
the letter and requested to continue both of the items.
On motion by Alternate Director Downey and seconded by Director Rubio and passed by the
Following roll call vote the Authority Directors continued the item until more information is
available.
7.

Approve a Letter from the Water Authority to the Marina City Council Inviting Marina to Name a
Non-voting Hydrogeologist to the MPWSP Hydrogeological Working Group (HWG)
Executive Director Cullem spoke to the item detailed within the letter provided in the packet.

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MPRWA Minutes

Thursday, August 13, 2015

Vice President Kampe invited Comments from the public.

Mark Baer spoke in support of allowing marina who will be impacted by the desal plant,
and questioned Mr. Williams representation.

Ron Weitzman questioned why the City of Marina and not Marina Coast Water District.

Jan Shriner agreed with Mr. Weitzman's question and encouraged someone with
historic information to help the CPUC understand, so there are no inaccurate
assumptions made.

President Burnett answered the question about extending the invitation to the City of Marina
because they are the permitting agency and it will benefit the Authority having the permitting
agency involved to address questions early on and avoid permitting delays down the road. He
then indicated Dennis Williams now represents Cal am, no longer the CPUC.
Director Downey questioned the paragraph that Marina can charge Cal Am and questioned the
intent of the statement. Director Kamp requested changing on the wording of that sentence to
eliminate "as long as the participation facilitated" and substitute with ______.
On motion by Alternate Director Downey and seconded by the Director Edelen and passed by
the following vote, the Authority Directors accepted the letter with the recommended changes.
5-0-1, Pendergrass voted no.
Director Pendergrass did not agree with the motion as it complicates the process and doesnt
think it is the right way to go.
8.

Receive Presentation, Discuss, and Provide Staff Direction on the Deep Water Desal Project
Executive Director Cullem provided procedural instructions on how the presentations would be
facilitated.
David Armanasco from Deep water Desal began by explaining theyre not in competition with
Cal Am but are a regional water solution for the Monterey area. He also shared that the State
Lands Commission is the lead agency for the DWD EIR and the Monterey Bay National Marine
Sanctuary is the lead for the EIR. He assured the Directors that there is enough demand for this
project without the Monterey Peninsula and the project continues to move forward. He noted
that Jim Heitzinger, legal counsel was present in the audience and can respond to permitting
questions. He then introduced the General Manager of Deep water Desal, Kim Adamson who
provided the presentation. He spoke to her qualifications.
Ms. Adamson, spoke to their role as the back-up option for the WMD, they felt it was important
to do. She also clarified that there is no competition between projects. She provided a project
overview/features detailing the desalination process, potential offtakes and explained the intake
and outfall strategy as well as the project schedule, the public/private partnership models and
financing and then highlighted the risks and contingencies for the project. She indicated that
DWD has already done many of the required preliminary reports that will be required for the
EIR so their timeline is extensively truncated.
Vice President Kamp recessed the meeting at 9:06 PM. The meeting was reconvened at 9:16
PM and Mr. Kampe invited public comment on the item.

Monterey Peninsula Regional Water Authority


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MPRWA Minutes

Thursday, August 13, 2015

Mark Baer questioned the pipeline and the easement agreements for intake.
Ron Witezman requested clarification that they have an NOI and not a NOP.
Ms. Adamson responded to public comments that easements and permits for intake piping and
easements related to the Harbor District. She indicated the Harbor District said they would work
with them in fair dealings. They are going through Dynagy easements and confirmed that they
did an NOP according to the State Lands Commission.
Director Rubio questioned the estimated costs per acre foot and asked if that included a
conveyance costs, and in the offtakers risk to which Ms. Adamson responded she does not
have pipeline estimates for the pipeline route to the Peninsula. No cost estimates are available
but they are comparable. Alternate Director Downey questioned the total investment required
and Ms. Adamson indicated they are not ready right now and it would be shared with potential
customers and partners based on specific parameters. Director Edelen questioned how difficult
would it be to increase demand for this project in the future to which Ms Adamsan said there
may be redundancies built in for future growth but growth was not included in the existing EIR.
Vice President Kampe questioned Monterey County's requirement to have public ownership of
desal projects to which the first model falls under that ordinance and the second copies the Cal
Am project model. Legal Counsel Heitzinger responded that the ordinance will have to be
reinterpreted or changed to allow. This model would reduce the risks discussed earlier, and
believes that depending on the partner, it could significantly reduce the cost of water because it
will reduce the cost of debt and there are public policy reasons that they may want to reinterpret
their ordinance differently.
Executive Director Cullem indicated the Kennedy Jenks Study included costs and is available to
the Board and the TAC, which includes cost information, although somewhat dated. The
Directors thanked DWD staff for their presentation.
9.

Receive Presentation, Discuss, and Provide Staff Direction on the Peoples Desal Project
David Balch with the People's Moss Landing Desal project indicted that the largest differences
between the two projects is in the intake and the intake structure. Mr. Balch provided overview
of the project including the goals and objectives, the rehabilitation of existing infrastructure, the
existing water demands and needs, proposed project description, overview, the environmental
review process and their draft schedule. He indicated that the project is designed to serve North
Monterey County, and does not include growth and cited this project as being the simplest
project due to all existing infrastructure. Project Hurdles include project financing, long term
and short term, pending litigation in foreclosure of the property, but indicated that they are
working with investors, easements with the Harbor Master as the outfall pipeline easement
needs to be extended due to the expiration. Mr. Balch answered questions of the Board.
Vice President Kampe invited comments from the public.

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MPRWA Minutes

Thursday, August 13, 2015

Tom Rowley spoke to the need for a back-up project and it's good to hear other projects
are moving forward.
Mr. Chevk agreed for the need for a back-up but also to create competition.
John Narigi agreed with competition but expressed concern regarding no information
about the cost of the project. He suggested the Authority resend the 8-9 questions and
request the alternative projects to answer them factually and specifically.
George Riley spoke to the SPI reports that Cal Am had a schedule advantage and since
the advantage is gone we should be addressing who can get there the quickest and to
ignore other projects is missing an opportunity.
Ron Witesman dont be afraid of Cal Am they will not cut off our water Cal am.
Mark Baer it was a horse race for the regional failed project, let it continue.

Director Rubio expressed frustration with gaps and non-answers in terms of cost conveyance
and until we can compare with specifics, he finds it hard to make an informed decision.
The Directors thanked Mr. Balch for the presentation and acknowledged there is more to learn
about all of the alternative projects.

ADJOURNMENT
The meeting adjourned at 10:09 PM.

ATTEST:

Lesley Milton-Rerig, Clerk of the Authority

Bill Kampe, Authority Vice President

Monterey Peninsula Regional Water Authority


Regular Meeting Minutes - Thursday, August 13, 2015
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M I N U TE S
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
Regular Alternate Meeting
7:00 PM, Thursday, September 24, 2015
COUNCIL CHAMBER
580 PACIFIC STREET
MONTEREY, CALIFORNIA

Directors Absent:

Edelen, Kampe, Pendergrass, Rubio, Alternate Directors Downey and


Talmage
None

Staff Present:

Executive Director, Legal Counsel, Clerk

Directors Present:

CALL TO ORDER
Vice President Kampe called the meeting to order to 7:00 PM.
REPORTS FROM BOARD DIRECTORS AND STAFF
Executive Director Cullem indicated that staff had started the financial audit for FY 14-15. He also
reported that the Authority is trying to coordinate a representative to attend the California Coastal
Commission meeting in October for the test well. Vice President Kampe indicated he is available
and encouraged other Directors to attend. Finally, Mr. Cullem appreciated that the Directors were
able to attend this alternate session because agendized items are time sensitive. He further
explained that the Authority made it clear that they wanted to see the letters prior to distribution
which are included in the packet. He additionally indicated that the CDO application will not be
ready for the Authority to consider the application and co-application, so we may or may not have
the October 8 meeting if there is no time sensitive actionable items. The goals is to give sufficient
time to review the draft and receive public comment or responses from Member City Councils. The
tentative date for is October 22nd at this time. Director Rubio informed the Board that he will be out
of town October 21-23rd.
ORAL COMMUNICATIONS
Vice President Kampe invited comments from the public.

Tom Rowley thanked the Board for having an independent letter and thinks that it's
important that the Authority retain its independence.
A resident spoke representing Mark Del Piero who submitted a written comment regarding,
water, desal, the slant well application and asked that no decision be made until the letter is
reviewed.

CONSENT AGENDA
1.
Approve and File Authority Checks Through September 24, 2015
Action: Approved
Director Kampe invited public comment and had no requests to speak.

On motion by Director Pendergrass, seconded by Director Rubio and passed by the following vote
the Authority Board approved the Minutes of September 24th as presented. 6-0
2.

Receive Letter from Cal Am President Rob Maclean in Response to Water Authority Letter
on Financial Guarantee for the MPWSP Slant Wells

Pulled for public comment.

Charles Chek spoke to the letter that states Cal Am denies responsibility for anything that
pertains to issues that the slant well does not perform to specifications, accept as a
functional slant well. If it is not meeting the criteria necessary to not damage aquifers, not
cause damage to Salinas Basin, it is not meeting its need and should be rejected.

On motion by Director Rubio and seconded by Director Edelen and passed unanimously, the
Authority Board received the letter. 6-0
BUSINESS ITEMS
3.

Receive, Discuss and Approve the Final Comment Letter to the California Public Utilities
Commission (CPUC) on the Monterey Peninsula Water Supply Project Draft
Environmental Impact Report - Cullem

Executive Director Cullem introduced the item explaining that a fourth paragraph was added by
Water Counsel and President Burnett that includes information on basic modeling and return water
alternatives. He further explained that because there will be a recirculation of the DEIR, it will
incorporate a maximum number of options for the public. This will likely be controversial, but it will
avail us of the return water alternatives and there should be a benefit to the rate payers. He
explained it is time sensitive because comments on the DEIR are due September 30th.
Vice President Kampe invited comments from the public

Norm Grut, intervenor, said it adequately addresses and details of the return of water to
satisfy the water rights issues, as well as the Water Resource Agency Act. He expressed
caution with statements that it will reduce the price of the water.
Tom Rowley spoke in support of the extended EIR comment period this this will assist with
making the document more bulletproof.
George Riley expressed concern regarding the cost of water, who would pay for it and who
would buy it. He then spoke to the chart on page 28 as misleading to the public as it may be
the design intent, but the slant well being used will not penetrated below the bay.
Charles Chek expressed frustration that the current rate payers will pay to build the facility
but that Cal Am can sell it later to those who never assisted with the production costs.
Michael Baer commented on previous comments made, expressed frustration there was no
data from the test well collected in the first week, and disagreed that the chart is misleading. He questioned the availability of the letter.

Director Rubio was glad to see the revisions as well as additional opportunity to weigh in. He
questioned the statement that it could result in operating savings, acknowledging the concerns of
the public. He supported the letter that it will clarify the Authority position on the EIR. Director
Talmage thinks that the paragraph four re-draft is reasonable and thorough.

Thursday, September 24, 2015 Regular Alternate Meeting


Monterey Peninsula Regional Water Authority

Page 2

Director Edelen moved to approve the final comment letter and authorize staff to send it to the
CPUC. Seconded by Director Rubio
Speaking on the second, Vice President Kampe responded to comments made by the public that
the differential of the cost paid vs the cost to produce and questioned why the facility would produce
enough water in excess of our needs. Executive Director Cullem spoke to the initial test well results
and the quantities of water delineated in the settlement agreement, including the additional water
necessary for the replenishment of the aquifers and the Seaside Basin.
Passed unanimously. 6-0

4. Discuss the Status of the Cal Am Request to Resume Test Slant Well Operations and
Authorize Sending a Letter of Support to the California Coastal Commission Prior to its
Consideration of The Request on October 6, 2015. -Crooks
Ian Crooks from Cal Am reported that there is confirmation that the item will be heard at the
California Coastal Commission in October and encouraged any support the community can
provide.
Vice President Kampe invited comments from the public and had no requests to speak.
Director Rubio moved that the letter be approved, and that the Authority Authorize staff to send the
letter of Support to the Coastal Commission. Seconded by Vice President Kampe. Speaking on the
second, Mr. Kampe requested that there be a wording change on paragraph 2, expressing concern
that when read, it implies a direct connection between the test well and the draw down, but it's not
an accurate connection. The drop could be completely independent of the test well, as the drop
continued after the test wells were shut off. Staff requested they be allowed the latitude to fix it or
replace with similar wording. As long as it does not change the intent of the letter, to support the
action, Director Rubio supported the motion change.
The motion was unanimously approved. 6-0
5. Approve Return of Excess Contributions for FY 14-15 and Approve a Reserve Fund for FY 15-16
of Approximately $179,000 from Year-end Balances -Cullem
Executive Director Cullem presented the item and explained that there was less money spent
during the Fiscal Year due to the stalled projects and delays imposed by the CPUC. Additionally,
the percent distributions have changed for fair share contributions and Mr. Cullem spoke to the
revised FY 15-16 contribution percentages to satisfy the new budget approved from the Board. He
indicated the potential credits from the remaining funds from the previous fiscal year will allow for an
"excess contribution" made by each of the Cities to cover the County of Monterey, and the funds
provided by the County will be refunded as a credit to each of the member cities. There are still
expenses, and he is leery about returning funds because there is a lot happening on the front for
the CDO extension. He requested a creation of a reserve fund in exchange of returning funds to
member cities. Mr. Cullem answered questions of the Board.
Ms. Downey questioned why Monterey County would get credit when they didn't pay all of it. Mr.
Cullem detailed all of the payments made by Monterey County, and the in-kind efforts made to the
Authority over the years. Mr. Cullem responded that he does not believe that we are going to
receive any additional funds from Monterey County.

Thursday, September 24, 2015 Regular Alternate Meeting


Monterey Peninsula Regional Water Authority

Page 3

Vice President Kampe invited comments from the public.

Tom Rowley retracted statements regarding the Countys non-participation and thanked the
staff and Directors for efforts that resulted in a partial contribution. He spoke to the efficiency
of the Authority to have a budget under $300,000 annually.

On motion by Alternate Director Talmage and seconded by Director Rubio and passed by
unanimous vote, the Authority Directors approved the return of excess contributions for FY 2014-15
as credits and approved the creation of a reserve fund for FY 15-16 to contain the year end
balances. 6-0
ADJOURNMENT
Having no further business, the meeting was adjourned at 7:49 PM.

Respectfully submitted,
______________________________
Lesley Milton-Rerig, City Clerk

______________________________
Bill Kampe, Authority Vice President

Thursday, September 24, 2015 Regular Alternate Meeting


Monterey Peninsula Regional Water Authority

Page 4

Monterey Peninsula Regional Water Authority


Agenda Report

FROM:

Date: November 12, 2015


Item No: 1

Authority Clerk Milton

SUBJECT: Approval and File Authority Checks through November 6, 2015


RECOMMENDATION:
It is recommended that the Authority approve and file the accounts payable payments
made during the period September 18, 2015 through November 6, 2015 with total
payments for the above referenced period of $42,113.19 from the general fund account
and authorize the Directors to sign for such checks.

DISCUSSION:
At its meeting on September 12, 2013, the Authority Board approved a staff
recommendation to provide the Directors a listing of financial obligations since the last
report for inspection and confirmation. Each invoiced expense has been reviewed and
approved by the Executive Director and Finance personnel prior to payment to insure that
it conforms to the approved budget.
The following checks are hereby submitted to the Authority for inspection and
confirmation.

$19,866.77 City of Monterey for Executive Director Reimbursement Quarter 3


2015

$21,565.22 To Brownstein Hyatt Farber & Schreck for August, and September
Special Counsel Legal Services

$ 160.00 to Access Monterey Peninsula

$ 521.20 to Mayor Bill Kampe for travel expenses to CCC meeting

The bank balance as of November 6, 2015 is sufficient cover the above check therefore,
staff is recommending approval.
ATTACHMENTS:

Budget to Actual Report through November 6, 2015

1:29 PM
11/03/15
Accrual Basis

Monterey Peninsula Regional Water Authority

Profit & Loss Budget vs. Actual


July 1 through November 3, 2015
Jul 1 - Nov 3, 15

Budget

$ Over Budget

Ordinary Income/Expense
Income
47200 Program Income
47230 Membership Dues

0.00

137,000.00

-137,000.00

47240 Program Service Fees

0.00

0.00

0.00

47250 Reimbursement SPI Contract

0.00

0.00

0.00

47260 Reimburesment VE Contract

0.00

0.00

0.00

47200 Program Income - Other

0.00

0.00

0.00

Total 47200 Program Income

0.00

137,000.00

-137,000.00

49900 Uncategorized Income

0.00

0.00

0.00

0.00

137,000.00

-137,000.00

60901 Clerk of the Board

0.00

24,000.00

-24,000.00

60902 Executive Director

0.00

85,000.00

-85,000.00

60903 Principal Offc of the Authority

0.00

5,000.00

-5,000.00

60904 Financial Services

0.00

6,000.00

-6,000.00

60905 Misc Admin Expenses

0.00

500.00

-500.00

60900 Administration and Clerical - Other

0.00

0.00

0.00

0.00

120,500.00

-120,500.00

62110 Board Counsel

10,000.00

36,000.00

-26,000.00

62140 Special Counsel

20,293.90

100,000.00

-79,706.10

Total Income

Expense
60900 Administration and Clerical

Total 60900 Administration and Clerical

62100 Legal Fees

62100 Legal Fees - Other


Total 62100 Legal Fees

0.00

0.00

0.00

30,293.90

136,000.00

-105,706.10

50.00

0.00

50.00

0.00

0.00

0.00

62800 Contract Services


60801 Public Outreach
60806 Contract VE
62802 Audit Services

0.00

6,000.00

-6,000.00

1,162.50

5,000.00

-3,837.50

62804 Contract Services & Studies

0.00

0.00

0.00

62805 Contract SPI

0.00

0.00

0.00

919.80

0.00

919.80

Total 62800 Contract Services

2,132.30

11,000.00

-8,867.70

65000 Insurance

6,438.48

7,500.00

-1,061.52

65100 Travel Expenses

0.00

5,000.00

-5,000.00

66000 Payroll Expenses

0.00

0.00

0.00

68300 Contingency

0.00

10,000.00

-10,000.00

38,864.68

290,000.00

-251,135.32

62803 Televised Meeting

62800 Contract Services - Other

Total Expense

Page 1 of 4

1:29 PM
11/03/15
Accrual Basis

Monterey Peninsula Regional Water Authority

Profit & Loss Budget vs. Actual


July 1 through November 3, 2015
Jul 1 - Nov 3, 15

Net Ordinary Income

Budget

$ Over Budget

-38,864.68

-153,000.00

114,135.32

0.11

0.00

0.11

0.11

0.00

0.11

0.00

0.00

0.00

0.00

0.00

0.00

0.11

0.00

0.11

-38,864.57

-153,000.00

114,135.43

Other Income/Expense
Other Income
47220 Interest Earned
Total Other Income

Other Expense
80000 Ask My Accountant
Total Other Expense

Net Other Income

Net Income

Page 2 of 4

1:29 PM
11/03/15
Accrual Basis

Monterey Peninsula Regional Water Authority

Profit & Loss Budget vs. Actual


July 1 through November 3, 2015
% of Budget

Ordinary Income/Expense
Income
47200 Program Income
47230 Membership Dues

0.0%

47240 Program Service Fees

0.0%

47250 Reimbursement SPI Contract

0.0%

47260 Reimburesment VE Contract

0.0%

47200 Program Income - Other

0.0%

Total 47200 Program Income

0.0%

49900 Uncategorized Income

0.0%

Total Income

0.0%

Expense
60900 Administration and Clerical
60901 Clerk of the Board

0.0%

60902 Executive Director

0.0%

60903 Principal Offc of the Authority

0.0%

60904 Financial Services

0.0%

60905 Misc Admin Expenses

0.0%

60900 Administration and Clerical - Other

0.0%

Total 60900 Administration and Clerical

0.0%

62100 Legal Fees


62110 Board Counsel

27.78%

62140 Special Counsel

20.29%

62100 Legal Fees - Other


Total 62100 Legal Fees

0.0%
22.28%

62800 Contract Services


60801 Public Outreach
60806 Contract VE
62802 Audit Services
62803 Televised Meeting

100.0%
0.0%
0.0%
23.25%

62804 Contract Services & Studies

0.0%

62805 Contract SPI

0.0%

62800 Contract Services - Other

100.0%

Total 62800 Contract Services

19.39%

65000 Insurance

85.85%

65100 Travel Expenses

0.0%

66000 Payroll Expenses

0.0%

68300 Contingency

0.0%

Total Expense

13.4%

Page 3 of 4

1:29 PM
11/03/15
Accrual Basis

Monterey Peninsula Regional Water Authority

Profit & Loss Budget vs. Actual


July 1 through November 3, 2015
% of Budget

Net Ordinary Income

25.4%

Other Income/Expense
Other Income
47220 Interest Earned
Total Other Income

100.0%
100.0%

Other Expense
80000 Ask My Accountant
Total Other Expense

Net Other Income

Net Income

0.0%
0.0%

100.0%

25.4%

Page 4 of 4

Monterey Peninsula Regional Water Authority


Agenda Report

FROM:

Date: November 12, 2015


Item No: 4.

Executive Director Cullem

SUBJECT: Receive and Discuss the Draft Letter to the Governor's Military
Council (GMC) sent through Admiral Dan Oliver on Nov 6, 2015.
RECOMMENDATION:
It is recommended that the Water Authority Board receive and discuss the
attached draft letter prepared for the Governor's Military Council.
DISCUSSION:
The Water Authority was requested to prepare a letter to the GMC which
requested the Governor to insure State agencies involved with review and
approval of the extension of Cease And Desist Order (CDO) 2009-0060
and of the Monterey Peninsula Water Supply Project (MPWSP) be
particularly attentive to the water needs of the Naval Post Graduate School
(NPGS) and the Defense Language Institute (DLI) in light of the next round
of Base Reduction and Closure (BRAC) expected in 2017.
The draft letter was forwarded to Admiral Dan Oliver, President of the
Naval Post Graduate School, who was scheduled to meet with the GMC
the week of November 2. Since time was of the essence, the draft was
forwarded to Adm. Oliver on November 3, 2015.
ATTACHMENTS:
Draft letter to the GMC dated November 3, 2015
History of the Monterey Peninsula Water Supply Project and the
Groundwater Replenishment Project

06/12

DRAFT
MONTEREY PENINSULA REGIONAL WATER AUTHORITY

November 3, 2015
Governor's Military Council
c/o Vice Admiral Daniel Oliver

Directors:
Jason Burnett, President
Bill Kampe, Vice President
David Pendergrass, Secretary
Jerry Edelen, Treasurer
Ralph Rubio, Director
Clyde Roberson, Director
Executive Director:
Jim Cullem, P.E.

Re:
Water Supply Concerns Relating to the Monterey Peninsulas Military
Installations
Ladies and Gentlemen:
The Monterey Peninsula Regional Water Authority (Water Authority) is a joint powers
agency comprised of the six cities encompassing the Monterey Peninsula. As the Water
Authoritys President, I request your assistance in resolving water supply constraints
facing the Monterey Peninsula and its two military facilities, the Naval Postgraduate
School (NPS) and the Defense Language Institute (DLI). Specifically, I request that the
Governors Military Council work with the Governors Office to: (1) communicate the water
needs of NPS and DLI to the State Water Resources Control Board (SWRCB), which
will soon be considering a short-term solution to the Monterey Peninsulas water supply
limitations; and (2) monitor and take all appropriate actions to expedite the water supply
projects discussed below to afford a long-term solution.
The Monterey Peninsula faces significant, but solvable, water supply issues. Our primary
water supply is derived from the underflow of the Carmel River, which is supplemented to
a lesser extent by groundwater from the Seaside Groundwater Basin. The SWRCB has
ordered our water supplier, California American Water Company (Cal-Am), to eliminate
approximately three-quarters of its historical diversions from the Carmel River and has
established a deadline of January 1, 2017 to do so.1 The groundwater supply from the
Seaside Groundwater Basin is also restricted by court order to reduce and ultimately
eliminate present overdraft of the basin.
1

In 1995, the SWRCB determined that: (i) based on the hydrogeologic character of the Carmel River
Valley, the SWRCB possesses jurisdiction over the groundwater supply within the valley diverted by CalAm; (ii) Cal-Ams diversions are unpermitted, and therefore all of its diversions commenced after 1914
(when the Water Commission Act was enacted) are unauthorized; and (iii) Cal-Ams diversions are
adversely affecting the rivers riparian ecosystem. These ecological impacts include reduced river flows that
support numerous species including the Central California Coast Steelhead, a threated species under the
Endangered Species Act.

580 PACIFIC ST, ROOM 6 MONTEREY CALIFORNIA 93940 www.mprwa.org

Governor's Military Council - DRAFT


November 3, 2015
Page 2

The states deadline for Cal-Am to cease its unauthorized Carmel River diversions was
established in a cease and desist order issued in 2009 (CDO 2009-0060). Cal-Am, with
assistance from community representatives, has sought to develop a replacement water
supply for its unauthorized diversions from the Carmel River. Unfortunately, for various
reasons, a replacement water supply will not be in place by the time that the CDOs
present deadline would become effective in 2017.
As a long-term solution, two water supply projects are being designed and permitted,
which we anticipate to be available to substitute for Cal-Ams unauthorized diversions
from the Carmel River by 2020. These projects are: (1) a desalination project referred to
as the Monterey Peninsula Water Supply Project (MPWSP); and (2) a groundwater
replenishment project (GWR), formally called the Pure Water Monterey project, which
will use advanced treated waste water to replenish the Seaside Groundwater Basin for
subsequent recapture and use.
As a short-term solution, Cal-Am intends to file a petition with the SWRCB later this
month to request a modification of the CDOs 2017 deadline. The Water Authority and the
Water Management District may join in the petition if agreed to by their respective boards.
Most of the details of the proposed CDO extension have been worked out following more
than two years of negotiations among community representatives, SWRCB staff, and
environmental organizations. In short, the proposal would extend the 2017 deadline by
four years in exchange for a partial reduction in Cal-Am diversions next year coupled with
a stairstep schedule of additional reductions that would become effective over the next
five years, unless specified MPWSP/GWR milestones are met. In other words, the
Monterey Peninsula may avoid the most severe water supply reductions over the next five
years, but only if timely progress is made on a replacement supply. We believe the
extension proposal represents an appropriate compromise of the competing social,
economic, and environmental interests affected by Cal-Ams near-term river withdrawals
and also establishes a strong incentive for Cal-Am and local and state interests to
expedite the MPWSP and GWR projects.
I will provide a copy of the petition to the Council when it is finalized later this month. If the
Council concurs with the proposed terms of the CDO extension, the Water Authority
respectfully requests that the Council work with the Governors Office to encourage the
SWRCB to grant the petition. We also urge the Council to apprise the SWRCB of the
water needs of the NPS and DLI and the installations essential importance to the welfare
of California and our nations military.2
The CDO extension, if adopted, affords the Monterey community with a bridge water
supply while the replacement water supply projects proceed. Of course, the importance of
timely completion of these projects cannot be understated. Unfortunately, for a host of
reasons, delays have accompanied both projects, principally the MPWSP.3 Further delays
2

NPS is developing key defense capabilities in cyber-security, asymmetric warfare, operations research
and nano-technology. DLI is the foundation of U.S. intelligence capability and key to our nations homeland
security efforts.
3
A more detailed history of the projects is set forth in the attached chronology.

Governor's Military Council - DRAFT


November 3, 2015
Page 3

will cause significant adverse impacts to the areas water supply. A failure to satisfy
project milestones will result in substantial reductions to Cal-Ams Carmel River
withdrawals under the terms of the CDO extension, assuming it is adopted. In addition,
the projects must be fully operational by 2020 to substitute for the unauthorized Carmel
River diversions when the CDO extension terminates.
The Water Authority respectfully urges the Council to monitor the permitting of the
MPWSP and GWR, and, together with the Governors Office, make every effort to support
timely progress on these critically important projects. Upon your invitation, I would
welcome the opportunity to further brief the Council on the status and schedule of the
projects and to discuss the ways in which the Council and Governors Office could
support timely progress on the projects.
The Monterey Peninsulas mayors, who are also the directors of the Water Authority,
recognize the significant role that the NPS and DLI play in our nations military
preparedness and our communitys social and economic wellbeing. These facilities are
key economic and technology generators in our region and in California as a whole. As
discussed above, viable short- and long-term solutions are available to ensure reliable
water supplies for these facilities. However, extensive collaboration between local and
state government is needed to ensure that the CDO extension is adopted and that the
projects proceed expeditiously.
Thank you for considering these comments and requests for assistance. I look forward to
further discussing these issues with the Council. I also would be happy to participate in
any statewide effort that is mobilized to address the implications of water supply to
Californias military facilities.
Sincerely,

Jason Burnett
President, Monterey Peninsula Regional Water Authority
Enclosure: History of the Monterey Peninsula Water Supply Project and the Groundwater
Replenishment Project

Enclosure:

History of the Monterey Peninsula Water Supply Project


and the Groundwater Replenishment Project

The California American Water Company (Cal Am) is facing serious hurdles in providing potable
water to customers in its Monterey Peninsula area due to several significant regulatory and courtordered restrictions affecting the two primary water sources available to Cal Am.
The first was a conclusion in 1995, by the State Water Resources Control Board (SWRCB) Order
WR 95-10, that 2/3 of Cal Am's long utilized extraction of water from the Carmel River basin was
illegal and adversely affected the public trust resources of the river. Subsequent efforts to get
voter and regulatory approvals for a new dam on the Carmel River or for a desalination project
(Desal) at Moss Landing were unsuccessful. In 2009, the SWRCB issued Cease and Desist
Order CDO 2009-0060 mandating that Cal Am eliminate its illegal take by January 1, 2017.
Second, in 2006, the Seaside Basin Aquifer, Cal Am's only significant alternate water supply
other than the Carmel River, was adjudicated with subsequent restrictions on all users, including
Cal Am, until the basin overdraft was corrected. This adjudication requires a step down of take
from the Seaside Basin over time, which further limits Cal Am's ability to obtain a water supply for
the Monterey Peninsula area.
In 2010, Cal Am entered a public private partnership with the Marina Coast Water District
(MCWD) and the Monterey County Water Resources agency (MCWRA) to construct and operate
a Regional Desal Facility north of Marina. In 2012, for a variety of reasons, not the least of which
was the inability to secure groundwater rights to brackish feed water from the Salinas River
Basin, that partnership fell apart.
On April 23, 2012, Cal Am filed an application with the California Public Utilities Commission
(CPUC) to construct a Monterey Peninsula Water Supply Project (MPWSP) including a Desal
facility north of the City of Marina and drawing feed water from Monterey Bay. A complicating
factor has been the requirement of State agencies for Cal Am to obtain source water from
Monterey Bay by subsurface intakes versus open-water intakes, a relatively untested approach
involving the construction of slant wells, one of which has already been constructed for testing
purposes. The MPWSP also included supplemental but relatively small additional water supplies
such as aquifer storage and recovery (ASR) and recycled water projects in the City of Pacific
Grove.
Twenty-two interveners entered the process, and sixteen of these ultimately agreed to a
proposed settlement agreement which allowed for either a 9.6 million gallon per day (MGD) desal
facility, or "variant" which consists of a 6.4 MGD desal along with a Monterey Regional Water
Pollution Control Agency (MRWPCA) 3.2 MGD wastewater recycling facility, known as the Pure
Water Monterey/Groundwater Replenishment project (PWM/GWR). The MPWSP DEIR identifies
the variant as the environmentally superior alternative. The GWR EIR has been completed and
certified and could produce water as early as 2018. The project awaits finalization of an umbrella

580 PACIFIC ST, ROOM 6 MONTEREY CALIFORNIA 93940 www.mprwa.org

agreement with participating public agencies and funding through the State Revolving Fund
(SRF).
The MPWSP environmental review has run into a delay due to some conflict of interest issues
with the EIR consultant. The CPUC is trying to resolve the problem in a timely way. To facilitate
its resolution, the DEIR will be re-circulated with the EIS in 2016. Following testimony from the
settling parties and others, the Certificate of Public Convenience and Necessity (CPCN), needed
to authorize Cal Am to build the MPWSP, should be issued by the CPUC at the end of 2016. As
currently scheduled, the MPWSP should be complete and operational by the end of 2020.

Monterey Peninsula Regional Water Authority


Agenda Report

FROM:

Date: November 12, 2015


Item No: 5.

Executive Director Cullem

SUBJECT: Receive Copy of Water Authority Financial Policies and


Procedures Adopted by the Authority Board on March 13, 2014.
RECOMMENDATION:
It is recommended that the Water Authority Board receive a copy of the
MPRWA Financial Policies and Procedures.
DISCUSSION:
In response to questions concerning the "whistle-blower" policy of the
MPRWA, staff has enclosed a copy of the Financial Policies and
Procedures that were adopted by the Board on March 13, 2014. The
whistle-blower policy is contained therein.
ATTACHMENTS:
A- MPRWA Financial Policies and Procedures

06/12

Monterey Peninsula Regional Water Authority


Financial Policies and Procedures
Adopted:
GENERAL PURPOSE
The purpose of this document is to establish guidelines for developing financial goals and objectives,
not outlined in the Bylaws or the JPA Agreement, regarding making internal financial decisions,
reporting the financial status of the Agency, and managing the Agencys funds. The adopted annual
budget provides funding approval for the purchase and payment for services. The ultimate goal is to
ensure the following:
1. The orderly and efficient receipt of funds
2. The safeguarding of cash and monetary assets.
3. The prevention or detection of errors and fraud.
4. The accuracy and completeness of the accounting records.
5. The timely preparation of reliable financial information.
POWERS AS GRANTED IN THE JPA AGREEMENT AND BYLAWS

ARTICLE 12-JPA
ACCOUNTING PRACTICES
General. The Board of Directors shall establish and maintain such funds and accounts as
12.1
may be required by generally accepted public agency accounting practices. The Authority shall
maintain strict accountability of all funds and report of all receipts and disbursements of the
Authority.
ARTICLE 13-JPA
BUDGET AND EXPENSES
13.1
Budget. Within 90 days after the first meeting of the Board of Directors, and thereafter
prior to the commencement of each fiscal year, the Board shall adopt a budget for the Authority
for the ensuing fiscal year. In the event that a budget is not so approved, the prior years budget
shall be deemed approved for the ensuing fiscal year, and any assessment(s) of contributions of
Members approved by the Board during the prior fiscal year shall again be assessed on the
Members in the same amount and terms for the ensuing fiscal year.

Page 1

13.2
Authority Funding and Contributions. For the purpose of funding the expenses and
ongoing operations of the Authority, the Board of Directors shall maintain a funding account in
connection with the annual budget process. The Board of Directors shall issue assessments for
contributions by the Members to fund said account in the amount and frequency determined
necessary by the Board. Assessments for Member contributions shall be made by each Member
in proportion to the weighted vote of each member as determined pursuant to Section 8.2, and
therefore no Member shall be required to make contributions to the Authority in excess of that
portion of each assessment that is equivalent to the weighted vote possessed by its Director.
Such contributions shall be paid by each Member to the Authority within sixty (60) days of
assessment by the Board.
13.3
Return of Contributions. In accordance with Government Code section 6512.1,
repayment or return to the Members of all or any part of any contributions made by Members
and any revenues by the Authority may be directed by the Board of Directors at such time and
upon such terms as the Board of Directors may decide; provided that (1) any distributions shall
be made in proportion to the contributions paid by each Member to the Authority, and (2) any
capital contribution paid by a Member voluntarily, and without obligation to make such capital
contribution pursuant to Sections 13.2, shall be returned to the contributing Member, together
with accrued interests at the annual rate published as the yield of the Local Agency Investment
Fund administered by the California State Treasurer, before any other return of contributions to
the Members is made. The Authority shall hold title to all funds and property acquired by the
Authority during the term of this Agreement.
ARTICLE 6-BY-LAWS
FINANCE POLICY
6.1 Deposit and Disbursement of Funds All funds of the Authority shall be deposited in one or
more depository accounts as may be designated by the Board. Such accounts shall be
independent of any account owned by or exclusively controlled by any of the Members. No
disbursements of such funds shall be made unless the same shall have been approved in the
annual operating budget, or otherwise specifically approved by the Board. All disbursements
shall be by check. Disbursements of not more than five thousand dollars ($5,000) may be
issued pursuant to the Treasurer's sole signature. Disbursements in excess of five thousand
dollars ($5,000) may only be issued upon the signature of the Treasurer and President, or in the
President's absence, the Vice-President.

FINANCIAL RESPONSIBILITIES AND PROCEDURES


1. RESPONSIBILITIES OF AUTHORITY STAFF
It is the responsibility of the Board of Directors to formulate financial policies and review operations and
activities on a periodic basis. It is the responsibility of the Executive Director to implement all financial
policies and procedures and coordination of the following: Annual budget presentation, management
of the contracts and expenditures, monitoring accounts receivables, and approving revenue and
expenditure objectives in accordance with the Board approved expenditures and budget.
Page 2

The Executive Director, Clerk and Finance Specialist have the day-to-day operations responsibility for
managing agency funds, ensuring the accuracy of the accounting records, internal controls, financial
objectives and policies, financial statement preparation, and bank reconciliation review and approval.
The Finance Specialist, supervised by the Clerk, is responsible for the preparation of the accounts
payable processing, cash receipts input, journal entries for general ledger, form 1099 reporting, as well
as bank reconciliations.
1.c General Journal Entry Procedures, Expenditures and Disbursements
The following procedure is to ensure timely and correct payments to vendors and contractors who
provide the Authority with services; to assure that no disbursement of agency monies shall be made
unless the obligation is supported by accounting evidence in proper form, and to ensure that sufficient
money is available to make disbursements.
All expenditures shall be approved by either Board Action, or by the Executive Director through the
powers granted to him in the By-laws.
All disbursements for the authority will be made by check outlined in the process below.
Once an invoice is received, it is reviewed and approved by the Director, or staff member initiating the
service contract or monitoring the contractor performance. Once approved, a written approval is
submitted to the Clerk to verify it was an approved board action and the expenditure is recorded against
the current adopted budget.
The Clerk will forward the approved invoice to the Finance Specialist for check processing. Once the
check is processed, it is provided to the Clerk, along with all supporting documentation who will then
deliver to the directors for signature as required by the check signing policy as listed in the By-laws.
Upon payment of a bill, a copy of the check shall be stapled onto the bill with supporting documentation
and expenditure authority. The paid invoices shall be filed alphabetically according to vendor name and
shall be kept on a fiscal year basis on file.
1.a Tracking of Maximum Funds Allowed per Contractual Agreements.
The Executive Director is responsible to maintain a listing of existing contractual agreements, including
the total allow able expenses and track all amounts paid per contractual agreements as part of the cash
disbursement approval process to ensure contractual agreements are followed and the Authority has
the sufficient funds to operate.
1.e Accounts Receivable Aging Report Review & Collection
On a monthly basis, the Financial Specialist will complete an initial review of the aging report and then
send it to the Executive Director for follow up. This continuous review of the accounts receivable ledger
along with the implementation of a collection process will reduce the amount of delinquent receivables.
1.b Bank Reconciliations and Final Close Process
Page 3

Bank reconciliations shall be completed monthly by the Finance Specialist and cross-referenced with
the paid invoices. The monthly reconciliation shall be reviewed by either the Clerk of the Executive
Director and cross-referenced with the adopted budget. A final year-end reconciliation will be done by
July 15th for the previous fiscal year.
1.d Budget to Actual Review
A budget to actual review will be reviewed by the Executive Director and presented to the Board
quarterly to make sure the Authority has the flexibility to fulfill their mission statement with little to no
financial constraints.
1.f Managerial Review of Accounting Reports
The Executive Director is responsible to review all accounting reports for the Authority at least quarterly
to ensure all invoices, disbursements, encumbrances and budget to actual reports are on track for the
year and no budget line items have been exceeded without approval by the Directors.
2. ANNUAL BUDGET
The structure of the annual budget will be formatted to resemble the format of the financial statements.
This will allow for more useful comparisons between the budgeted and annual financial information as
well as more meaningful and precise analysis of budget variances.

3. WHISTLEBLOWER POLICY
This whistleblower policy is included to ensure no retaliation occurs if and when an individual makes a
good-faith report of fraud or any other illegal action. It is the responsibility of all agency representatives
to report violations or suspected violations in accordance with the Whistleblower Policy.
Suspected violations shall be reported to the Board President, or in is absence, the Board VicePresident.
All representatives of the Authority, including Directors, TAC Members and Staff are expected to
observe high standards of business and personal ethics in the conduct of their duties and
responsibilities. As representatives of the Authority, we must practice honesty and integrity in fulfilling
our responsibilities as well as comply with all applicable laws and regulations.
No representative, who, in good faith, reports a violation, shall suffer harassment, retaliation or adverse
employment consequence.

Page 4

Monterey Peninsula Regional Water Authority


Agenda Report

FROM:

Date: November 12, 2015


Item No: 6.

Executive Director Cullem

SUBJECT: Adoption of Resolution 2015-XX, Approving Donald G.


Freeman as Legal Counsel through December 31, 2016 and
Authorizing the Authority President to Execute a Contract
Extension with Perry Freeman at a Price not-to-exceed
$36,000
RECOMMENDATION:
It is recommended that the Monterey Peninsula Regional Water Authority
(MPRWA) adopt Resolution 2015-XX approving Donald G. Freeman as
legal counsel through December 31, 2016 and authorizing the Authority
President to execute a contract extension with Perry Freeman at a price
not-to-exceed $36,000.
DISCUSSION:
Following a formal Request for Qualifications (RFQ) for legal services for
the Water Authority conducted during August and September 2012, an AdHoc committee of the MPRWA recommended selection of Perry and
Freeman (Donald G. Freeman). On September 27, 2012, the Water
Authority adopted a resolution selecting Mr. Freeman to be legal counsel.
On December 10, 2012, Mr. Freeman provided the Water Authority with
waivers of conflict of interest from all other participating jurisdictions to
which he has professional, contractual obligations.
Due to Don Freeman's extensive knowledge of the water supply issues that
the Water Authority has dealt with the last three years, and in light of his
excellent performance in the position of Authority Counsel, the Executive
Director recommends the Authority maintains continuity with Donald G.
Freeman, at least through 31 December 2016.

06/12

The adopted budget for FY 2015-16 includes $36,000 for Legal Counsel
which should be adequate for services through June 30, 2016, by which
time a new budget for FY 2016-17 will have been adopted.
Resolution 2015-XX approves an extension of Donald G. Freeman as
Authority legal counsel through December 31, 2016 and authorizing the
Authority President to execute a contract extension accordingly.
ATTACHMENTS:
Resolution 2015-XX
Contract for legal services

MPRWA RESOLUTION NO. 2015-XX

A RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY


ACKNOWLEDGING DONALD G. FREEMAN AS LEGAL COUNSEL FOR THE MONTEREY
PENINSULA REGIONAL WATER AUTHORITY AND AUTHORIZING THE PRESIDENT TO
EXTEND A CONSENT AND WAIVER OF CONFLICT OF INTEREST

WHEREAS, Donald G. Freeman has been requested to continue to represent the


Monterey Peninsula Regional Water Authority (MPRWA);
WHEREAS, Donald G. Freeman is currently the City Attorney for the City of Seaside and
the City of Carmel-by-the-Sea;
WHEREAS, Donald G. Freeman and MPRWA recognize the potential conflict of interest
which may arise as a result of Donald G. Freemans legal representation of MPRWA, City of
Seaside, and the City of Carmel-by-the-Sea;
WHEREAS, MPRWA wishes to acknowledge Donald G. Freeman as legal counsel for
MPRWA;
WHEREAS, the President of MPRWA and members of the MPRWA Board of Directors
have reviewed a letter from Donald G. Freeman dated November 20, 2012, indicating that Mr.
Freeman does not believe that his legal services for the Monterey Peninsula Regional Water
Authority will have any impact on his full and effective representation of each party, and does
not believe he has knowledge of any confidential information from any party which would be
material or relevant to his representation of MPRWA, the City of Seaside, and the City of
Carmel-by-the-Sea;
WHEREAS, Donald G. Freeman recognizes that by concurrently representing the
MPRWA, the City of Seaside, and the City of Carmel-by-the-Sea an issue of divided loyalty,
such as in litigation, could possibly arise at some future date, and that at that time it could be
necessary for him to make full disclosure to all parties, could be subject to disqualification from
representing any party, and at such time it would be necessary for each party to seek
independent legal counsel;
WHEREAS, the City of Carmel-by-the-Sea and the City of Seaside have passed their
respective Resolutions and their respective Mayors have executed the Consent and Waiver of
Conflict of Interest;
WHEREAS, the President and Board of Directors have reviewed this request with
independent legal counsel;
WHEREAS, according to Rule 3-310 of the California Rules of Professional Conduct
applicable to California lawyers which requires informed written consent of all represented
parties because of concurrent representation, MPRWA recognizes that Donald G. Freeman is
the City Attorney for the City of Seaside, and for the City of Carmel-by-the-Sea;
WHEREAS, the Board of Directors has been fully satisfied with the performance of
Donald G. Freeman during the period of his tenure as Authority legal Counsel between

September 27, 2012 and the present;


WHEREAS, due to the critical nature of on-going legal activities associated with the
CPUC consideration of the California American Water application for the Monterey Peninsula
Water Project, the Board of Directors finds that the public interest is better served by renewing
Donald G. Freemans contract at this time than to re-advertise a request for proposal for legal
services and;
WHEREAS Board of Directors wishes to authorize the President to extend a Consent
and Waiver of Conflict of Interest, and hereby acknowledges Donald G. Freeman as legal
counsel for the Monterey Peninsula Regional Water Authority until December 31, 2016.
NOW, THEREFORE, BE IT RESOLVED, that the President of MPRWA is hereby
authorized to extend on behalf of MPRWA a Consent and Waiver of Conflict of Interest thereby
acknowledging Donald G. Freeman as legal counsel for the Monterey Peninsula Regional Water
Authority and authorizes the President to execute a contract extension with Donald G. Freeman
for legal counsel services.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATER
AUTHORITY this ____day of ____ 201___, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:

0
0
0
0

DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:
APPROVED:

ATTEST:
Jason Burnett, President

Clerk to the Authority

EMPLOYMENT AGREEMENT FOR LEGAL SERVICES

Deceinber

THIS AGREEMENT, made and entered into this V -1 day of


,
2012, by and between the MONTEREY PENINSULA REGIONAL WATER AUTHORITY,
hereinafter "MPRWA", and DONALD G. FREEMAN of the Law Offices of Perry
and Freeman, hereinafter referred to as "Attorney", both of whom
understand as follows:
. A.
Term: The term of this Agreement shall be for one (1) year
commencing December 15, 2012, and shall terminate on December 14, 2013,
unless terminated pursuant to paragraph H. of this Agreement.
B.
Compensation. Attorney will provide general legal services to
MPRWA for a retainer of $2,500.00 per month commencing December 1, 2012,
for a period of 90 days at which time attorney compensation shall be
reviewed by the MPRWA Board of Directors.
Upon review by the Board of
Directors the attorney compensation may be adjusted for the balance of
the contract period.
Extraordinary legal services as set forth in
paragraph D. hereinbelow shall be charged at the rate of $350.00 per
hour.
C.
Billing and Reimbursement of Costs. For the 90 day period
commencing December 15, 2012, an accounting of services and hours will
be provided to MPRWA on a monthly basis. Attorney shall be reimbursed
for actual out-of-pocket expenses and costs advanced or paid on behalf
of the MPRWA, including court reporter fees and charges, court costs, and
costs of outside investigators or experts pertaining to MPRWA litigation.
When specifically required to travel out of the county to conduct MPRWA
related business expenses shall be billed as actual out-of-pocket costs
unless otherwise negotiated. There will be no charge for actual travel
time.
D.
Ordinary Services. Legal advice and legal opinions to MPRWA
on matters including, but not limited to, public sector policies and
procedures, the Ralph M. Brown Act, the Public Record Act, conflicts of
interest, general public agency law, Board of Directors' actions, and
attendance at regular and special meetings of the Board of Directors or
Board of Directors' committees as requested,
E.
Extraordinary Legal Services. Preparation of complex legal
documents, representing MPRWA in court appearances, litigation, or in
proceedings before other public or administrative bodies, or legal
services provided to any independent or separate agency or entity of
government not operated as an integral part of MPRWA.
F.
Miscellaneous. MPRWA recognizes that Attorney has a private
law practice currently located in Carmel-by-the-Sea, California, and will
retain that office as his principal place of business.
In addition,
MPRWA recognizes Attorney is the City Attorney for the City of Carmel-bythe-Sea and the City of Seaside as well as general legal counsel for the
Association of Monterey Bay Area Governments (AMBAG); and that Attorney
also represents and advises other public entities upon request. The City

of Carmel-by-the-Sea approved and signed a conflict waiver on November


6, 2012. The City of Seaside approved and signed a conflict waiver on
October 18, 2012. MPRWA approved a conflict waiver on December 10, 2012.
G.
Association of Special Legal Counsel.
MPRWA and Attorney
recognize, that from time to time, it may become necessary to associate
with special legal counsel for matters involving litigation, labor
negotiations, worker's compensation personnel or bond issue proceedings
and other matters where either MPRWA Board of Directors or Attorney feel
effective representation requires special legal counsel.
H.
Termination.
Either party may terminate this Agreement
without cause by providing written notice to the other party in the
manner set forth in item I. of this Agreement at least 30 days prior to
the effective date of termination.
I.
Notices. All notices herein provided to be given, or which
may be given by either party to the other, shall be considered fully
received when made in writing and deposited in the United States mail,
certified and postage prepaid, and addressed to the respective parties
as follows:
MPRWA:

ATTORNEY:

President, Board of Directors


Monterey Peninsula Regional
Water Authority
580 Pacific Street
Monterey, CA 93940

Donald G. Freeman
Perry and Freeman
P.O. Box 805
Carmel, CA 93921

J.
Immunity. . As an authorized representative of MPRWA, Attorney
shall be recognized as having rights to any immunity MPRWA is entitled
to.
In no event shall any duties contained in this Agreement, or
otherwise herein, negate any legal protections or immunities available
to the parties under local, state or federal law.
IN WITNESS WHEREOF, MPRWA has caused this agreement to be signed and
executed on its behalf by its President, and duly attested by its Clerk;
and the Attorney has signed and executed this agreement in duplicate
originals the day and year first hereinabove written.
MPRWA
Chuck Della Sala, President
ATTORNEY:

Donald G. Freeman

-2-

RESOLUTION NO. 2012-05 C.S.


A RESOLUTION OF THE MONTEREY PENINSULA
REGIONAL WATER AUTHORITY

AUTHORIZE PRESIDENT TO EXECUTE CONTRACT


WITH DONALD G. FREEMAN AS LEGAL COUNSEL FOR THE
MONTEREY PENINSULA REGIONAL WATER AUTHORITY
WHEREAS, Donald G. Freeman is an attorney licensed to practice law in the State of
California;
,

WHEREAS, Donald G. Freeman has been selected to represent the Monterey Peninsula
Regional Water Authority (MPRWA);
WHEREAS, Donald G. Freeman desires to act as Legal Counsel for the MPRWA;
WHEREAS, Donald G. Freeman agrees to provide general legal services as more
specifically described in the Employment Agreement for Legal Services attached hereto as
Exhibit A;
WHEREAS, the President of MPRWA and members of the MPRWA Board of Directors
have reviewed the contract of Donald G. Freeman and agrees to its terms and conditions;
NOW, THEREFORE, BE IT RESOLVED, that the President of MPRWA is hereby
authorized to execute on behalf of MPRWA a contract with Donald G. Freeman as legal counsel
for the MPRWA.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATER
AUTHORITY this 13th day of December, 2012, by the following vote:
AYES:

4 DIRECTORS:

NOES:
ABSENT:
ABSTAIN:

0 DIRECTORS:
2 DIRECTORS:
0 DIRECTORS:

Pendergrass, Rubio, Della Sala, Carmel Alternate


Talmage
None
Kampe, Edelen,
None
APPROVED:

ATTEST

Monterey Peninsula Regional Water Authority


Agenda Report

FROM:

Date: November 12, 2015


Item No: 7.

Executive Director Cullem

SUBJECT: Adoption of Resolution 2015-YY, Approving Brownstein


Hyatt Farber Schreck as Special Legal Counsel through
December 31, 2016 and Authorizing the Authority
President to Execute a Contract Extension at a Price notto-Exceed $100,000.

RECOMMENDATION:
It is recommended that the Monterey Peninsula Regional Water Authority
(MPRWA) adopt Resolution 2015-YY approving Brownstein Hyatt Farber
Schreck, LLP as Special Legal Counsel for the period January 1, 2016
through December 31, 2016 and authorize the Authority President to
extend a contract with Brownstein at the current hourly rates and a total
contract price not-to-exceed $100,000.
DISCUSSION:
In March 2012, The Authority negotiated an agreement for Attorney of
Record services with Brownstein. The firm provided special expertise in
water law, at a reduced rate, in support of Water Authority formation and
activities.
For reasons outlined in the staff report on the subject at the Water Authority
meeting of November 13, 2014, the Authority extended the Brownstein
agreement to December 31, 2015 and approved preparation of a contract
accordingly.
The CPUC process, in particular hearings related to approval of the
EIR/EIS and issuance of Cal Am's Certificate of Public Convenience and
Necessity(CPCN), as well as expected future negotiations with the State

06/12

Water Resources Control Board on the Cease and Desist Order, will
continue to require a substantial amount of specialized legal work in 2016.
To insure continuity in Special Legal Counsel services, the Executive
Director recommends the Authority extend the contract with Brownstein
through 31 December 2016.
BUDGET CONSIDERATIONS:
In the approved budget for FY 2015-2016 the Water Authority authorized
an expenditure for Special Legal Counsel not-to-exceed $100,000. These
funds are expected to be sufficient for these legal services through the
current fiscal year. A new budget for FY 2016-2017 will need to consider
funding of Special Legal Services in June 2016.
ATTACHMENTS:
Resolution 2015-YY
Contract for Special Legal Counsel services

MPRWA RESOLUTION NO. 2015-YY

A RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY


ACKNOWLEDGING Brownstein Hyatt Farber Schreck LLP AS SPECIAL COUNSEL OF
RECORD FOR THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY,
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONSENT AND
WAIVER OF CONFLICT OF INTEREST, AND AUTHORIZING THE PRESIDENT TO
EXECUTE AN AGREEMENT WITH BROWNSTEIN FOR LEGAL SERVICES
WHEREAS, Brownstein Hyatt Farber Schreck LLP (Brownstein) has been requested
to represent the Monterey Peninsula Regional Water Authority (MPRWA) as Special Counsel;
WHEREAS, Brownstein is currently acting as Special Counsel for the City of Carmelby-the-Sea and the City of Seaside;
WHEREAS, Brownstein and MPRWA recognize the potential conflict of interest which
may arise as a result of Brownsteins legal representation of MPRWA, the City of Carmel-bythe-Sea, and the City of Seaside;
WHEREAS, MPRWA wishes to acknowledge Brownstein as Special Counsel for
MPRWA;
WHEREAS, the President of MPRWA and members of the MPRWA Board of Directors
have reviewed a letter from Brownstein indicating that Brownstein does not believe that its legal
services for the Monterey Peninsula Regional Water Authority will have any impact on its full
and effective representation of each party, and does not believe it has knowledge of any
confidential information from any party which would be material or relevant to its representation
of MPRWA, the City of Carmel-by-the-Sea, and the City of Seaside;
WHEREAS, Brownstein recognizes that by concurrently representing the MPRWA, the
City of Carmel-by-the-Sea and the City of Seaside an issue of divided loyalty, such as in
litigation, could possibly arise at some future date, and that at that time it could be necessary for
it to make full disclosure to all parties, could be subject to disqualification from representing any
party, and at such time it would be necessary for each party to seek independent legal counsel;
WHEREAS, the City of Carmel-by-the-Sea and the City of Seaside have passed their
respective Resolutions and their respective representatives have executed the Consent and
Waiver of Conflict of Interest;
WHEREAS, the President and Board of Directors have reviewed this request with
independent legal counsel;
WHEREAS, according to Rule 3-310 of the California Rules of Professional Conduct
applicable to California lawyers which requires informed written consent of all represented
parties because of concurrent representation, MPRWA recognizes that Brownstein is the Special

Counsel for the City of Carmel-by-the-Sea, and for the City of Seaside; and
WHEREAS Board of Directors wishes to authorize the Executive Director to execute a
Consent and Waiver of Conflict of Interest, and hereby acknowledges Brownstein as Special
Counsel for the Monterey Peninsula Regional Water Authority.
NOW, THEREFORE, BE IT RESOLVED, that the Executive Director of MPRWA is
hereby authorized to execute on behalf of MPRWA a Consent and Waiver of Conflict of Interest
thereby acknowledging Brownstein as Special Counsel for the Monterey Peninsula Regional
Water Authority.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the President of MPRWA is
hereby authorized to execute on behalf of MPRWA an agreement with Brownstein for legal
services for the Monterey Peninsula Regional Water Authority through December 31, 2016.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATER
AUTHORITY this ____day of ____ 20____, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:

0
0
0
0

DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:
APPROVED:

ATTEST:
Chuck Della Sala, President

Clerk to the Authority

EMPLOYMENT AGREEMENT FOR LEGAL SERVICES

THIS AGREEMENT, made and entered into this ___ day of _____________, 2015, by
and between the MONTEREY PENINSULA REGIONAL WATER AUTHORITY, hereinafter
MPRWA, and the LAW OFFICES of BROWNSTEIN HYATT FARBER SCHRECK, LLP,
hereinafter referred to as "Attorney", both of which understand as follows:
A.
Term: The term of this Agreement shall be for one (1) year commencing January
1, 2016, and shall terminate on December 31, 2016, unless terminated pursuant to paragraph H.
of this Agreement.
B.
Compensation. Attorney will provide legal services to MPRWA at an average
rate of no more than $350.00 per hour.
C.
Billing and Reimbursement of Costs. An accounting of services and hours will be
provided to MPRWA on a monthly basis. Attorney shall be reimbursed for actual out-of-pocket
expenses and costs advanced or paid on behalf of the MPRWA, including court reporter fees and
charges, court costs, and costs of outside investigators or experts pertaining to MPRWA
litigation. Travel to conduct MPRWA related business expenses shall be billed as actual out-ofpocket costs unless otherwise negotiated. There will be no charge for actual travel time.
D.
Budget. Attorney will not accrue costs for legal services in excess of $100,000
between January 1, 2016 and December 31, 2016 and in without prior approval of the Authority
Executive Director.
E.
Ordinary Services. Legal advice and legal opinions to MPRWA as outlined in the
Amendment to Agreement for Legal Services dated December 5, 2013 (Exhibit A to this
Agreement) and Brownstein Hyatt Farber Schreck, LLP Standard Terms and Conditions (Exhibit
B to this Agreement).

F.
Miscellaneous. MPRWA recognizes that Attorney is a private law practice
currently located in Santa Barbara, California, and will retain that office as its principal place of
business. In addition, MPRWA recognizes Attorney also represents and advises other public
entities upon request. Attorney will submit conflict waivers to MPRWA whenever such
potential arise during the term of this contract.

G.
Termination. Either party may terminate this Agreement without cause by
providing written notice to the other party in the manner set forth in item I. of this Agreement at
least 30 days prior to the effective date of termination.
H.
Notices. All notices herein provided to be given, or which may be given by either
party to the other, shall be considered fully received when made in writing and deposited in the

United States mail, certified and postage prepaid, and addressed to the respective parties as
follows:
MPRWA:
President, Board of Directors
Monterey Peninsula Regional
LLP
Water Authority
580 Pacific Street
Monterey, CA 93940

ATTORNEY:
Russell M. McGlothlin
BROWNSTEIN HYATT FARBER SCHRECK,
21 East Carrillo Street
Santa Barbara, CA 93101

I.
Immunity. As an authorized representative of MPRWA, Attorney shall be
recognized as having rights to any immunity MPRWA is entitled to. In no event shall any duties
contained in this Agreement, or otherwise herein, negate any legal protections or immunities
available to the parties under local, state or federal law.
IN WITNESS WHEREOF, MPRWA has caused this agreement to be signed and
executed on its behalf by its President, and duly attested by its Clerk; and the Attorney has
signed and executed this agreement in duplicate originals the day and year first hereinabove
written.
MPRWA
____________________________
Jason Burnett, President
ATTORNEY:
ATTEST:
_____________________
Russell M. McGlothlin

_________________________
Clerk of the Board

Monterey Peninsula Regional Water Authority


Agenda Report

FROM:

Date: November 12, 2015


Item No: 8.

Executive Director Cullem

SUBJECT: Receive, Discuss, and Provide Direction on Final Application to


the State Water Resources Control Board (SWRCB) to Modify
Cease and Desist Order (CDO) 2009-0060 and Decide
Whether to Co-apply or Send A Letter of Support
RECOMMENDATION:
It is recommended that the Monterey Peninsula Regional Water Authority
(MPRWA) consider the final version of the Application for a four-year
extension of the CDO 2009-60 deadline date, and determine whether to cosign the application to modify, along with California American Water Co.
(Cal Am) and the Monterey Peninsula Water Management District
(MPWMD), or alternately to send a letter of support.
DISCUSSION:
MPRWA, MPWMD, Cal Am, SWRCB staff, and others have conducted
intensive discussions over the last 18 months in an effort to craft a time
extension and other changes in CDO 2009-0060 which would include
targets that are reasonably attainable, are fair to the ratepayers, and
achieve the objective of reducing unauthorized overdrafts of the Carmel
River.
A copy of Cal Am's proposed Application to Modify with Attachment 1
(proposed modified CDO), is enclosed at Attachment A. Key elements in
Cal Am's proposal include:
A four-year extension of the CDO deadline
A new reduction schedule in regular increments during the extension
Consideration by the SWRCB of suspension of water reductions for a
missed milestone if the Board decides it was outside the control of
Cal-Am, MPWMD, and the Water Authority.
Ability carryover a certain amount of water savings from year-to-year

06/12

The MPRWA and the MPWMD, following several months of public input
and staff coordination, has considered whether they should co-sign the
Application for Extension in order to maintain local public agency standing
in the process and to emphasize community unity on the proposed CDO
modification.
Submission of an Application for Amendment is time sensitive since the
SWRCB could take up to a year to take final action, so we are anxious to
finalize the application as soon as possible.
ATTACHMENTS:
A- Cal Am Application to Modify CDO 2009-0060 with Attachment 1 (to be
available Nov 9)

Monterey Peninsula Regional Water Authority


Agenda Report

FROM:

Date: November 12, 2015


Item No: 9.

Executive Director Cullem

SUBJECT: Receive an Update on the Summary Project Schedule and Status of the
Test Slant Well for the Monterey Peninsula Water Supply Project
(MPWSP)
RECOMMENDATION:
It is recommended that the Water Authority Board receive a report from Cal Am on the
latest "Summary" MPWSP schedule, including an update of the "Dashboard", and a
report on the performance of, and data from, the test slant well.
DISCUSSION:
Cal Am will provide an update at the Water Authority meeting.
ATTACHMENTS:
None-Current Cal Am "Summary" Schedule for Permits and Approvals to be provided
prior to the meeting.

06/12

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