TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES April 1, 2013

 

AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
April 1, 2013

Includes MONTEREY PENINSULA WATER SUPPLY PROJECT

DESALINATION INFRASTRUCTURE - REQUEST FOR QUALIFICATIONS

Request for Qualifications from Prospective Design-Build Entities

CALIFORNIA AMERICAN WATER

April 1, 2013

EXHIBIT A - DESIGN-BUILD ENTITY’S PROPOSAL MANAGER

EXHIBIT B - QUESTIONNAIRE

EXHIBIT C - EXPERIENCE

EXHIBIT D - INELIGIBLE FIRMS

EXHIBIT E – ILLUSTRATIVE LIST OF PERMITS

EXHIBIT F – GUARANTOR ACKNOWLEDGMENT FORM

Tac Mprwa Draft Minutes 04-01-13

DRAFT MINUTES, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)

April 1, 2013

Four Noteworthy 2 April 2013 City Council Agenda Items

ABSTRACT:  Four Noteworthy 2 April 2013 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Consideration of (1) a Resolution Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property, Determining General Plan Conformity, Selecting a Project for Implementation and Adopting Findings and (2) a Resolution Adopting a Mitigation Monitoring and Reporting Program, Findings and Conditions of Lease for the Flanders Mansion Property and Consideration of a use permit application, water allocation transfer and certification of a negative declaration for the establishment of an event center at a site located in the Service Commercial (SC) District are presented. Supporting materials are embedded.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKETS

Part 1

Part 2

Regular Meeting 

Tuesday, April 2, 2013 

4:30 p.m., Open Session 

City Hall 

East side of Monte Verde Street between Ocean and Seventh Avenues

Live & Archived Video Streaming

V. Announcements from Closed Session, from City Council Members and the City Administrator, specifically Update on Flanders lease,

A. Announcements from Closed Session.

1. Public Employment - Government Code Section 54957(b)(1) – Title: City Attorney

2. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

3. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

C. Announcements from City Administrator.

3. Update on Flanders lease

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote.  Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

I. Consideration of (1) a Resolution Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property, Determining General Plan Conformity, Selecting a Project for Implementation and Adopting Findings and (2) a Resolution Adopting a Mitigation Monitoring and Reporting Program, Findings and Conditions of Lease for the Flanders Mansion Property. 

 

VIII.   Orders of Council

B. Consideration of a use permit application, water allocation transfer and certification of a negative declaration for the establishment of an event center at a site located in the Service Commercial (SC) District. 

 

CARMEL-BY-THE-SEA CITY COUNCIL: Tour of Inspection, Closed Session and Public Workshop

CARMEL-BY-THE-SEA CITY COUNCIL

Tour of Inspection, Closed Session and

Public Workshop

Monday, April 1, 2013 – 4:00 p.m.,

with workshop to follow at 5:30 p.m.

Council Chambers

East side of Monte Verde Street between

Ocean and Seventh Avenues

ABSTRACT: On Monday, April 1, 2013, the Carmel-by-the-Sea City Council is scheduled to conduct a Tour of Inspection and Closed Session at 4:00 P.M. and Public Workshop Subject: Sunset Cultural Center at 5:30 P.M. The Agenda is embedded.

 

CARMEL-BY-THE-SEA CITY COUNCIL
Toru of Inspection, Closed Session and Public Workshop
Monday, April 1, 2013

MINUTES for Four Noteworthy 5 March 2013 City Council Agenda Items

MINUTES 

REGULAR CITY COUNCIL MEETING 

CITY OF CARMEL-BY-THE-SEA 

March 5, 2013 

II. ROLL CALL

PRESENT: Council Members Beach, Hillyard, Talmage, Theis & Mayor Burnett
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Assistant City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Marc Wiener, Associate Planner

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

1. Potential Litigation - Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

2. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

3. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

City Attorney Don Freeman reported that the Council met in Closed Session on March 4, 2013. There were no announcements for the public.

C. Announcements from City Administrator.

5. Update of the City’s Water Allocation and review of the water requirements for the beach restroom project at the corner of Santa Lucia Avenue and Scenic Road.

City Administrator Stilwell gave the water update.

VIII. ORDERS OF COUNCIL

1. Update on the Water Replacement Project. 

Mayor Burnett presented the status report.

Mayor Burnett then opened the meeting to public comment at 6:16 p.m.

Barbara Livingston addressed Council.

Mayor Burnett closed the meeting to public comment at 6:17 p.m.

2. Consideration of a Resolution updating the City’s financial policies.

City Administrator Stilwell presented the staff report. Jim Emery, City Treasurer, indicated he had nothing to add to the policies as he had ample opportunity to review them.

Mayor Burnett opened and closed the meeting to public comment at 6:40 p.m.

Council Member TALMAGE moved to adopt the Investment Policy, as amended to remove “Maximum” and timed deposits, seconded by Council Member HILLYARD, and carried unanimously.

Council Member TALMAGE moved to accept minimum reserve limits in lines 18-24 on attachment, seconded by Council Member THEIS, and carried unanimously.

City Government: Is Carmel-by-the-Sea a ‘Well Managed,' 'Open and Transparent' City Government? (Part I)

ABSTRACT: Is Carmel-by-the-Sea a "Well Managed,” “Open and Transparent” City Government? E-mails are featured in chronological order, including E-Mail # 1 from Paterson to Molly Laughlin, Deputy City Clerk, E-Mail #2 from Paterson to Molly Laughlin with copy to Jason Stilwell, City Administrator, E-Mail #3 from Jason Stilwell, City Administrator, to Paterson, E-Mail #4 from Susan Paul, Administrative Services Director, to Paterson, E-Mail #5 from Heather Coffman, Liebert Cassidy Whitmore, to Paterson and E-Mail #6 from Paterson to Jason Stilwell, City Administrator. QUESTIONS & COMMENT are presented.

E-Mail # 1 from Paterson to Molly Laughlin, Deputy City Clerk

Sent: Sat 3/2/2013 1:52 PM

From: Paterson [SebViz2@sbcglobal.net]

To: 'Molly Laughlin'

Cc: 'sebviz2@sbcglobal.net'

Subject: February 2013 Check Register Itemization Request

Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES

Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson

E-Mail #2 from Paterson to Molly Laughlin with copy to Jason Stilwell, City Administrator

Sent: Mon 3/11/2013 8:42 AM

From: Paterson [SebViz2@sbcglobal.net]

To: 'Molly Laughlin'

Cc: 'Jason Stilwell'

Subject: FW: February 2013 Check Register Itemization Request

Please comply with request of 2 March 2013.

---

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Saturday, March 02, 2013 1:52 PM
To: 'Molly Laughlin'
Cc: sebviz2@sbcglobal.net
Subject: February 2013 Check Register Itemization Request

Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES

Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson

E-Mail #3 from Jason Stilwell, City Administrator, to Paterson

Sent: Tue 3/12/2013 12:06 PM

From: Jason Stilwell [jstilwell@ci.carmel.ca.us]

To: Paterson

Cc: Heidi Burch

Subject: RE: February 2013 Check Register Itemization Request

Thank you for the request Ms. Paterson.  Molly is not available at the referenced email address.  I am in receipt of your request and will process your request.  Jason

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Monday, March 11, 2013 8:42 AM
To: Molly Laughlin
Cc: Jason Stilwell
Subject: FW: February 2013 Check Register Itemization Request

Please comply with request of 2 March 2013.

---

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Saturday, March 02, 2013 1:52 PM
To: 'Molly Laughlin'
Cc: sebviz2@sbcglobal.net
Subject: February 2013 Check Register Itemization Request

Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES

Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson

E-Mail #4 from Susan Paul, Administrative Services Director, to Paterson

Sent: Tue 3/12/2013 7:00 PM

From: Susan Paul [spaul@ci.carmel.ca.us]

To: sebviz2@sbcglobal.net

Cc: Heidi Burch; Jason Stilwell

Subject: March 2, 2013 PRA Request - February 2013 Check Register Itemization Request

Dear Ms. Paterson – The City is in receipt of your request for information dated March 2, 2013.  The City is processing the request and will provide a further response Pursuant to the California Public Records Act.

Sincerely,

Susan Paul

Administrative Services Director

---

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Saturday, March 02, 2013 1:52 PM
To: 'Molly Laughlin'
Cc: sebviz2@sbcglobal.net
Subject: February 2013 Check Register Itemization Request

Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES

125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES

Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES

Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson

E-Mail #5 from Heather Coffman, Liebert Cassidy Whitmore, to Paterson

Sent: Wed 3/20/2013 2:49 PM

From: Heather R. Coffman [hcoffman@lcwlegal.com]

To: SebViz2@sbcglobal.net

Cc: J. Scott Tiedemann; spaul@ci.carmel.ca.us

Subject : Further Response to Public Records Act Request Received March 4, 2013 (City of Carmel-By-The-Sea) CA200-001

Attachments:  Coffman to Paterson re Carmel PRA Response 032013.pdf (64 KB)

Dear Ms. Paterson:

Please see the attached correspondence on behalf of the City of Carmel-By-The-Sea.

Thank you for your attention to this matter.

Sincerely,

__________________________________________________

Heather Robert Coffman | Associate

153 Townsend Street, Suite 520
San Francisco, CA 94107
direct: 415.512.3013 | fax: 415.856.0306

hcoffman@lcwlegal.com| website

 

Attachment:  Coffman to Paterson re Carmel PRA Response 032013.pdf (64 KB)

E-Mail #6 from Paterson to Jason Stilwell, City Administrator

Sent: Wed 3/20/2013 5:54 PM

From: Paterson [SebViz2@sbcglobal.net]

To: 'Jason Stilwell'

Cc: 'Susan Paul'

Subject; FW: Checks Itemization Request

Jason Stilwell, City Administrator:

Every month prior to March 2013, the City has itemized checks as seen in the email below of February 4, 2013 from Deputy City Clerk Molly Laughlin.  If, as stated in the LIEBERT CASSIDY WHITMORE letter dated March 20, 2013, “every effort has been made to identify public records that fall within the scope of your request,” then please explain why the City is no longer able to honor my current request as similar previous requests were honored in the past.

Perhaps the additional information identifying documents would consist of e-copies of the checks themselves denoting specific professional services or invoices the City has which correspond to the checks I have requested for itemization.

Ms. Paterson

---

From: Molly Laughlin [mailto:mlaughlin@ci.carmel.ca.us]
Sent: Monday, February 04, 2013 8:37 AM
To: Paterson
Subject: RE: Checks Itemization Request

In response to your request, please see the following itemizations.

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Sunday, February 03, 2013 8:39 PM
To: Molly Laughlin
Cc: sebviz2@sbcglobal.net
Subject: Checks Itemization Request

Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s Check Register January 2013:

125697 1/16/2013 BROWNSTEIN/HYATT/FARBER/SCHRECK $ 5,320.00 01 61051 0002 PROFESSIONAL SERVICES

Vendor Total -----> $ 5,320.00           Legal counsel-Regional Water Supply matter.

125724 1/16/2013 LIEBERT CASSIDY WHITMORE $ 2,962.00 01 61051 PROFESSIONAL SERVICES

Vendor Total -----> $ 2,962.00           Membership dues—Monterey Bay Employment Relations Consortium

125732 1/16/2013 MONTEREY BAY PLANNING SERVICES $ 9,497.90 01 61051 0040 PROFESSIONAL SERVICES

Vendor Total -----> $ 9,497.90           Flanders Mansion issue.

Thank you.  Ms. Paterson

QUESTIONS & COMMENT

• Is the City’s labeling a resident’s request for information regarding checks in the City’s Monthly Check Register (information which had been provided every month for years) a “Public Records Act Request” an effort to deny access to information which any member of the public should have access to?

• Was the City’s expenditure of taxpayer monies to a Liebert Cassidy Whitmore attorney for the purpose of responding to a resident’s query for information appropriate and justifiable?  Note: A Liebert Cassidy Whitmore attorney represented the City of Carmel-by-the-Sea in the City’s motion to disqualify former Human Resources Manager Jane Miller’s attorney, Michael Stamp, in Miller, Kingsley Jane v. City of Carmel-by-the-Sea (M99513) involving Miller’s claims of sexual harassment, employment discrimination and retaliation.  Superior Court Judge Larry Hayes ruled in favor of Jane Miller and against the City of Carmel-by-the-Sea; the City subsequently settled the case for $600,000 plus approximately $200,000 in attorney fees.  

• Is this instance an example of what Carmel-by-the-Sea Mayor Jason Burnett really means when he says that the City of Carmel-by-the-Sea is a “well managed,” “open and transparent” city government?

• The City of Carmel-by-the-Sea’s Code of Ethics states, as follows:

Article I. Code of Ethics

2.52.010 Code of Ethics.

As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).

Unfortunately, it appears that Carmel-by-the-Sea Mayor Jason Burnett has not inspired city employee fidelity to the City’s Code of Ethics.

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA CANCELLATION NOTICE March 28, 2013

 

  REGULAR MEETING AGENDA CANCELLATION NOTICE
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
March 28, 2013

NOTE: Next meeting of the MPRWA on Thursday, April 11, 2013.

California-American Water Company’s Monterey Peninsula Water Supply Project, California Public Utilities Commission Proceeding A.12-04-019: REBUTTAL TESTIMONY OF JEFFREY LINAM

ABSTRACT:  Rebuttal Testimony by Jeffrey Linam, Director of Finance for California American Water, dated March 8, 2013, is featured.  Mr.  Linam provided previous direct testimony on April 23, 2012, supplemental testimony on January 11, 2013 and errata to supplemental testimony on February 15, 2013. Rebuttal Testimony coveres  (1) provide a summary of the financial and rates witnesses for California American Water, (2) discuss the public financing proposals set forth by the Monterey Peninsula Water Management District ("MPWMD") and MPWMD's comments on the financing model, (3) evaluate MPWMD's financing proposals within the context of the Monterey Peninsula Regional Water Authority's (MPRWA) adopted principles for a contribution of public funds, as articulated in the testimony of Mr. Jason Burnett, (4) address the financial recommendations made by the Division of Ratepayer Advocates ("DRA"), and (5) clarify other related issues.  Importantly, a summary of the key conditions in response to the order of MPRWA's principles:

1)  MPRWA Principle #1 — The public contribution lowers costs to ratepayers,

2)  MPRWA Principle #2 — The public contribution does not adversely affect other (non-Monterey area) Cal-Am ratepayers,

3)  MPRWA Principle #3 — The public contribution need not require a Cal-Am specific credit rating,

4)  MPRWA Principle #4 — The public contribution should not change Cal-Am's authorized debt-to-equity ratio,

5) MPRWA Principle #5 — The public contribution should not change Cal-Am's authorized equity rate of return,

6)  MPRWA Principle #6 — Cal-Am should be abrorded the opportunity to invest some equity to garner its authorized rate of return to account for risk Cal-Am is taking,

7)  MPWRA Principle #7 — The public contribution cannot cause a material delay to the project.

REBUTTAL TESTIMONY OF JEFFREY LINAM (March 8, 2013), SUPPLEMENTAL TESTIMONY OF JEFFREY T. LINAM ERRATA (Revised Served:  February 15, 2013), SUPPLEMENTAL TESTIMONY OF JEFFREY T. LINAM (January 11, 2013) and DIRECT TESTIMONY OF JEFFREY T. LINAM (April 23, 2012) documents are embedded. 

Note: Robert Larkins, on behalf of MPWMD, offers several public agency financing proposals. Specifically, Mr. Larkins recommends: (1) that California American Water engage in tax-exempt securitization borrowing; or (2) that California American Water engage in traditional tax-exempt borrowing through the issuance of tax-exempt Certificates of Participation ("COPs") by MPWMD.

Direct Testimony of Robert Larkins, filed February 22, 2013.

 

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

REBUTTAL TESTIMONY OF JEFFREY LINAM

March 8, 2013

 

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

SUPPLEMENTAL TESTIMONY OF JEFFREY T. LINAM ERRATA

Originally Served: January 11, 2013

Revised Served:  February 15, 2013

 

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

SUPPLEMENTAL TESTIMONY OF JEFFREY T. LINAM

Date:  January 11, 2013

 

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

DIRECT TESTIMONY OF JEFFREY T. LINAM

April 23, 2012

ADDENDUM:
MONTEREY PENINSULA WATER SUPPLY PROJECT
Downloads Documents

California-American Water Company’s Monterey Peninsula Water Supply Project, California Public Utilities Commission Proceeding A.12-04-019: REBUTTAL TESTIMONY OF RICHARD C. SVINDLAND

ABSTRACT: Rebuttal Testimony by Richard C. Svindland, Vice President of Engineering for California  American Water, covers (i)  Slant intake wells, including configuration, layout and coastal erosion; (ii)  Desalination plant including costs assumption, partial second pass  requirements, operations and maintenance (O&M) cost assumptions; (iii)  The Monterey Regional Water Pollution Control Agency (MRWPCA) outfall; (iv)  Table 13 water rights, operation during an outage, and desalination plant operating levels; (v)  Seaside Basin; (vi)  Approach to cost estimating; (vii)  Update on some of Monterey Peninsula Regional Water Authority  (MPRWA) eight conditions; (viii)  Update of Pacific Grove projects; and (ix) Lastly, address and clarify prior calculations used to compute various costs. Regarding UPDATE ON MPRWA'S EIGHT CONDITIONS, Richard Svindland addresses “conditions 2, 3, 5, 6, 7 & 8. Condition 1, which relates to a significant contribution of public funds, is discussed in the rebuttal testimony of Jeffrey Linam and other witnesses who provide further information on this subject. Condition 4, which relates to the limited use of the Surcharge, is discussed in the rebuttal testimony of David Stephenson. I will also comment on Condition 4.” REBUTTAL TESTIMONY OF RICHARD C. SVINDLAND, Parts 1, 2 and 3 (March 8, 2013) documents are embedded. 

 

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

REBUTTAL TESTIMONY OF RICHARD C. SVINDLAND Part 1

March 8, 2013

 

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

REBUTTAL TESTIMONY OF RICHARD C. SVINDLAND Part 2

March 8, 2013

 

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

REBUTTAL TESTIMONY OF RICHARD C. SVINDLAND Part 3

March 8, 2013

ADDENDUM: 

MONTEREY PENINSULA WATER SUPPLY PROJECT

Downloads Documents

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) PROPOSED BUDGET FISCAL YEAR 2013-2014 & ADOPTED BUDGET – STATUS BUDGET

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) PROPOSED BUDGET FISCAL YEAR 2013-2014 & ADOPTED BUDGET – STATUS BUDGET (as of 3.12.13)

Governance Committee for the Monterey Peninsula Water Supply Project AGENDA & MINUTES 20 March 2013

ABSTRACT: The Monterey Peninsula Water Supply Project Governance Committee is scheduled to consider Agenda Items, namely Review and Provide Recommendations for Design Build Request for Qualifications Prepared by California-American Water and Develop Plan for Coordination with Architectural Design Team, at the Wednesday, March 20, 2013 meeting. A link to the AGENDA is provided; featured agenda items are reproduced and Attachment 1 – Cal-Am Notification #1 and Attachment 2 – Draft RFQ documents are embedded for Agenda Item 2. Review and Provide Recommendations for Design Build Request for Qualifications Prepared by California-American Water.

AGENDA

REGULAR MEETING

Monterey Peninsula Water Supply Project

Governance Committee

***************

Wednesday, March 20, 2013, 4:00 PM

Monterey Peninsula Water Management District, Conference Room,

5 Harris Court, Building G., Monterey, CA

Governance Committee Members:

California American Water

Robert MacLean

Monterey Peninsula Regional Water Authority

Jason Burnett,

Alt.- Chuck Della Sala

County of Monterey

David Potter

Alt. - Simon Salinas

Monterey Peninsula Water Management District

Bob Brower, Interim Representative

Staff Contact:

David J. Stoldt, MPWMD

Arlene Tavani, MPWMD

Call to Order/Roll Call


Agenda Items


2. Review and Provide Recommendations for Design Build Request for Qualifications Prepared by California-American Water (Recommendation under Category B1 of Governance Agreement)

  MPWSP Governance Committee Agenda Item 2 doc 1 03-20-13.pdf 

Attachment 1 -- Cal-Am Notification #1

  MPWSP Governance Committee Agenda Item 2 Draft RFQ 03-20-13.pdf 

Attachment 2 -- Draft RFQ

3. Develop Plan for Coordination with Architectural Design Team (Recommendation under Category B5 of Governance Agreement)

Governance Committee 

for the 

Monterey Peninsula Water Supply Project 

California American Water  Monterey County Board of Supervisors 

Monterey Peninsula Regional Water Authority  Monterey Peninsula Water Management District 

FINAL MINUTES

Monterey Peninsula Water Supply Project 

Governance Committee 

March 20, 2013

Call to Order: The meeting was called to order at 4:00 pm in the MPWMD conference room.

Members present: Robert MacLean, California-American Water (Cal-Am)
Jason Burnett, Monterey Peninsula Regional Water Authority (MPRWA)
David Potter, County of Monterey (County)
Jeanne Byrne, (Alternate) Monterey Peninsula Water Management District (MPWMD)

Pledge of Allegiance: The assembly recited the Pledge of Allegiance

Public Comments: No comments were directed to the committee.

Agenda Items

The Chair received public comment on each agenda item.

1. Approve Minutes of March 13, 2013 Committee Meeting and Provide Direction on Format for Subsequent Reports

On a motion by Potter and second of Byrne, the minutes were adopted on a vote of 3 – 0 by Burnett, Byrne and Potter.

2. Review and Provide Recommendation for Design Build Request for Qualifications Prepared by California-American Water (Recommendation under Category B1 of Governance Agreement)

Anthony J. Cerasuolo, Vice President, Legal – Operations for California American Water, provided a brief overview of the Request for Qualifications (RFQ) and stated that it would be issued to interested parties on April 1, 2013. On May 31, 2013 Cal-Am will issue a list of firms chosen to receive a Request for Proposals (RFP). On November 15, 2013 an agreement with the selected firm should be executed. Cerasuolo responded to questions and comments from the committee and members of the audience. In response to the comments received, a list ofproposed amendments to the RFQ was developed.

On a motion by Potter and second of Byrne, the RFQ was approved with the following amendments on a vote of 3 – 0 by Burnett, Byrne and Potter.

· Page 7, section 3.3.3 - Include in the discussion of Power Supply a reference to utilization of alternative power sources such as landfill gas.

· Page 9 - specify that the SOQ shall be limited to 15, double-sided pages.

· Page 9 – Specify that prospective Design-Build Entities shall have no contact with the Monterey Peninsula Regional Water Authority Technical Advisory Committee. Contact with permitting agencies strictly related to questions about permitting issues will be allowed. Kris Helms Consulting and Separation Processes, Inc. will be considered ineligible firms.

· Pages 18 and 19 – Include a reference to compliance with environmental laws.

· Pages 18 and 19 – Include a reference to compliance with prevailing wage and other labor laws such as diversity of workforce. Under Selection Criteria add a bullet, “local hiring experience”.

· Page 18 - Include a question that asks about the Design-Build Entity’s experience in designing plants that are cost effective to maintain and highly adaptable to new technologies over time.

· Remove any reference to Leed Certification. Focus should be on “sustainable green design” that will result in a savings to the ratepayer.

· Add a question regarding the number of change orders on past projects that were initiated by the Design-Build Entity as opposed to owner initiated.

· Ask about the Design-Build Entity’s history of responsiveness to the owner, after a project is complete.

· Insure that formatting of document is consistent, i.e. headings and fonts.

During the discussion, concerns were expressed about bonding requirements for subcontractors. MacLean stated that the bonding guarantee is from the design-builder or engineer, whichever entity is specified as the prime contractor. That entity will guarantee completion of the project and be responsible for performance of the contractors. It may be appropriate to discuss subcontractor bonding requirements when the RFP is developed.

3. Develop Plan for Coordination with Architectural Design Team (Recommendation under Category B5 of Governance Agreement)

John Kilpatrick, Engineering Manager – Project Delivery for California American Water, reviewed the schedule for development, review and selection of a final design for facilities that will be located at the desal plant site. The committee discussed how to best provide guidance to the design team and the opportunity for public review of the design concepts. Byrne offered to participate in the review effort. It was suggested that in May, the design team meet in Monterey with the committee to present their conceptual drawings. In June, the team could meet again in Monterey to present the one concept selected for development. In August, another review of the final design would occur in Monterey for committee review, before it is distributed with the RFP. At the April Governance Committee meeting, Cal-Am will present a final architectural design review/completion schedule.

4. Discussion of Items to be Placed for Future Agendas

April - present schedule for Cal-Poly architectural design team review; action needed based on response from CPUC on request to conduct workshop on GWR; and presentation from William Merry of Monterey Regional Waste Management District on landfill gas as an alternative energy source for desal. May – discuss development of request for proposals for design build entity.

5. Schedule Next Meeting Date

The meeting was scheduled for Wednesday, April 17, 2013 at 2 pm.

Adjournment

The meeting adjourned at 5:20 pm.

Water Supply Planning Committee of the Monterey Peninsula Water Management District AGENDA ITEMS DEVELOP RECOMMENDATION TO THE BOARD RE APPOINTMENT OF A REPRESENTATIVE TO THE MONTEREY PENINSULA WATER SUPPLY PROJECT GOVERNANCE COMMITTEE & PROGRESS REPORT ON INVESTIGATION INTO DESALINATION CONTINGENCY PROJECT, March 11, 2013

ABSTRACT:  The Water Supply Planning Committee of the Monterey Peninsula Water Management District considered two agenda items, namely DEVELOP RECOMMENDATION TO THE BOARD RE APPOINTMENT OF A REPRESENTATIVE TO THE MONTEREY PENINSULA WATER SUPPLY PROJECT GOVERNANCE COMMITTEE & PROGRESS REPORT ON INVESTIGATION INTO DESALINATION CONTINGENCY PROJECT, at the March 11, 2013 meeting.  Exhibit 2-A (Final Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee) and Progress Report on Investigation into Desalination Contingency Project agenda item document submitted by MPWMD and document submitted by Harvey Billig are embedded.

AGENDA

Water Supply Planning Committee

Of the Monterey Peninsula Water Management District

*********

Monday, March 11 2013, 9 am

District Conference Room, 5 Harris Court, Building G, Monterey, CA

Water Supply Planning Committee Members:

Robert S. Brower, Sr. Chair

Jeanne Byrne

David Pendergrass

Alternate:

Kristi Markey

Staff Contact

David J. Stoldt,

General Manager

Call to Order

Action Items – Public comment will be received on all Action Items

2. Develop Recommendation to the Board re Appointment of a Representative to the Monterey Peninsula Water Supply Project Governance Committee

WATER SUPPLY PLANNING COMMITTEE

ITEM:		ACTION ITEMS
2.	DEVELOP RECOMMENDATION TO THE BOARD RE APPOINTMENT OF A REPRESENTATIVE TO THE MONTEREY PENINSULA WATER SUPPLY PROJECT GOVERNANCE COMMITTEE
Meeting Date:			March 11, 2013
From:			David J. Stoldt,
			General Manager
Prepared By:			Arlene Tavani

SUMMARY:   Attached as Exhibit 2-A is the final Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee.  The committee will refer to the agreement in its discussion of MPWMD representation on the Governance Committee.

RECOMMENDATION:  The Committee should develop a recommendation re representation on the Governance Committee.

EXHIBITS

2-A    Final Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee

  

 

EXHIBIT

2-A  Final Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee

  

Discussion Items – Public comment will be received on all Discussion Items

5. Progress Report on Investigation into Desalination Contingency Project

(Documents for review to be submitted at the meeting.)

Ø       Document submitted by MPWMD

Ø  Document submitted by Harvey Billig 

 

  Water Supply Planning Committee Item 5 03-11-13.pdf

Document submitted by MPWMD

  Water Supply Planning Committee Item 5 H Billig 03-11-13.pdf

Document submitted by Harvey Billig

SPECIAL CITY COUNCIL MEETING: BUDGET WORKSHOP MARCH 19, 2013

ABSTRACT:  The NOTICE OF SPECIAL CITY COUNCIL MEETING Agenda is reproduced, including three agenda items, namely Receive and file the City of Carmel-by-the-Sea five-year financial forecast, Receive and review the City of Carmel-by-the-Sea Capital Improvement Plan and refer it to the Planning Commission to review for General Plan Consistency and Review citywide performance measures to be reported in the FY13-14 operating plan and budget.  The SPECIAL CITY COUNCIL MEETING BUDGET WORKSHOP 19 MARCH 2013 AGENDA PACKET and City of Carmel-by-the-Sea Five Year Capital Improvement Plan July 1, 2013 – June 30, 2018 and Fiscal Year 2013-2014 Five Year Financial Forecast documents are embedded. 

NOTICE OF SPECIAL CITY COUNCIL MEETING

Tuesday, March 19, 2013 -- 4:30 pm

Council Chambers

East side of Monte Verde Street between

Ocean and Seventh Avenues

Live video streaming available at:

www.ci.carmel.ca.us

Broadcast date

Sunday, March 24, 2013

8:00 a.m., MCAET Channel 26

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Orders of Council

A. Receive and file the City of Carmel-by-the-Sea five-year financial forecast.

B. Receive and review the City of Carmel-by-the-Sea Capital Improvement Plan and refer it to the Planning Commission to review for General Plan Consistency.

C. Review citywide performance measures to be reported in the FY13-14 operating plan and budget.

V.  Adjournment

 

  Special City Council Meeting Agenda Packet 03-19-13

SPECIAL CITY COUNCIL MEETING
BUDGET WORKSHOP 19 MARCH 2013

AGENDA PACKET

 

City of Carmel-by-the-Sea

Five Year Capital Improvement Plan

July 1, 2013 – June 30, 2018

  Five Year Financial Forecast 2013-2018

Fiscal Year 2013-2014

City Council Budget Workshop

Five Year Financial Forecast

MINUTES

SPECIAL CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

March 19, 2013

I. CALL TO ORDER

The special meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:31 p.m. Mayor Burnett called the meeting to order.

II. ROLL CALL

PRESENT: Council Members Beach, Hillyard, Talmage, Theis & Burnett

STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Susan Paul, Administrative Services Director
Sharon Friedrichsen, Director of Public Services
Andrew Miller, Fire Chief
Janet Bombard, Library Director
Marc Wiener, Associate Planner

III. PLEDGE OF ALLEGIANCE

Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

Mayor Burnett opened and closed the meeting to public comment for items not on the agenda at 4:33 p.m.

IV. ORDERS OF COUNCIL

A. Receive and file the City of Carmel-by-the-Sea five-year financial forecast.

City Administrator Stilwell presented the financial forecast.

Mayor Burnett opened the meeting to public comment at 5:00 p.m.

Monte Miller addressed Council.

Mayor Burnett closed the meeting to public comment at 5:03 p.m.

Council Member HILLYARD moved to receive the five-year financial forecast, seconded by Council Member BEACH, and carried unanimously.

B. Receive and review the City of Carmel-by-the-Sea Capital Improvement Plan (CIP) and refer it to the Planning Commission to review for General Plan Consistency.

City Administrator Stilwell presented the CIP.

Mayor Burnett opened the meeting to public comment at 5:30 p.m.

Greg d’Ambrosio, Cindi Lloyd on behalf of Skip Lloyd and Barbara Livingston addressed Council.

Mayor Burnett closed the meeting to public comment at 5:37 p.m.

City Administrator Stilwell reviewed projects in each of the City departments.

Mayor Burnett opened and closed the discussion to public comment at 6:00 p.m. and again at 6:11 p.m.

At 7:02 p.m. Mayor Burnett offered an additional opportunity for public input and opened the discussion to public comment.

Barbara Livingston addressed Council regarding the forest. Jim Emery addressed

Council regarding cost effectiveness and software purchases. Monta Potter suggested using Rio Park for overflow parking. Barbara Livingston noted the viewing platform at Del Mar and the use of Carmel stone.

Public comment was closed by Mayor Burnett at 7:08 p.m.

Council Member BEACH moved to approve in concept the Capital Improvement Plan (CIP) and refer to the Planning Commission to determine consistency with the General Plan, seconded by Council Member HILLYARD and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE, THEIS AND BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE

C. Review citywide performance measures to be reported in the FY 13-14 operating plan and budget. City Administrator Stilwell presented the proposed performance measures. The measures will be brought back to the May 7th meeting as part of the proposed budget.

VI. ADJOURNMENT

Mayor Burnett declared the meeting adjourned at 8:40 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
Jason Burnett, MAYOR

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES March 18, 2013

RELATED NEWS ARTICLE:

Peninsula mayors urged to begin community dialogue on recycled water plan

By JIM JOHNSON Herald Staff Writer, 03/18/2013

Excerpts Highlights:

According to a project update provided by Israel, the pollution control agency has hired Denise Duffy and Associates to lead the environmental review of the recycled water project, along with legal counsel. Israel said a public meeting on the proposal will likely be held in late April or early May, and a public scoping meeting for the project's environmental review is targeted for May.

A timeline provided by Israel calls for finishing environmental review, including well monitoring work, by early next year, and finishing a feasibility study by mid-2014.

The goal, according to the timeline, is to reach a decision on whether to proceed by the end of next year, begin construction by the middle of 2015 and be finished by the end of 2016 — in time to fill the need for a replacement water source mandated after a state-ordered cutback in pumping from the Carmel River, which takes full effect in 2017

 

AGENDA PACKET, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)

March 18, 2013

 

DRAFT MINUTES, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)

March 18, 2013