TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 3, 2014
Tac Mprwa Minutes 02-03-14
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 3, 2014
Friday, January 31, 2014
TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES February 3, 2014
TAC MPRWA Agenda Packet 02-03-14
AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 3, 2014
Tac Mprwa Minutes 02-03-14
DRAFT MINUTES, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 3, 2014
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 3, 2014
Tac Mprwa Minutes 02-03-14
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 3, 2014
Nine Noteworthy 4 February 2014 City Council Agenda Items
ABSTRACT: Nine Noteworthy 4 February 2014 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Receive Public Records and Media Request Log, Receive Second Quarter Performance Report. (under separate cover), Consideration of a Resolution authorizing the City Administrator to Enter Into a Professional Services Consulting Agreement with Public Consulting Group, Inc, to Provide IT Strategic Plan Implementation Support and Project Management Services for the Implementation of Year One of the Information Technology Strategic Plan in an Amount not to Exceed $75,000, Receive Water Update and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation. (Report will be included under separate cover), Receive Update on Drought Weather Readiness Efforts. (Report will be included under separate cover), Consideration of Resolution Authorizing the City Administrator to Initiate Negotiations with GreenWaste Recovery for Franchised Solid Waste, Recycling and Organics Collection Services and Consideration of a Preliminary Report on Options for Establishing a Long-Term Use of the Flanders Mansion Property, are presented. Supporting materials are embedded.
A. CONFERENCE WITH LEGAL COUNSEL-LABOR NEGOTIATIONS
Pursuant to 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.
C. Announcements from City Administrator.
1. Summary Report from Monday's Workshop
2. Agenda Forecast
3. Public Records Act Process
4. Presentation of FY 2012/2013 Financial Statement Audit
5. Second Quarter Performance Report
6. Introduction of New Employees:
Library Assistant- Jeanette Campbell
Finance Manager- Paul Wood
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.
E. Receive Public Records and Media Request Log.
Public Records Act Request Log Feb 2014
F. Receive Second Quarter Performance Report.
G. Consideration of a Resolution authorizing the City Administrator to Enter Into a Professional Services Consulting Agreement with Public Consulting Group, Inc, to Provide IT Strategic Plan Implementation Support and Project Management Services for the Implementation of Year One of the Information Technology Strategic Plan in an Amount not to Exceed $75,000.
VIII. Orders of Council
A. Receive Water Update, Provide Direction and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation.
B. Report on Mitigation Efforts for the Fire Risks Associated with Dry Weather Conditions and Provide Direction.
C. Consideration of Resolution Authorizing the City Administrator to Initiate Negotiations with GreenWaste Recovery for Franchised Solid Waste, Recycling and Organics Collection Services.
D. Consideration of a Preliminary Report on Options for Establishing a Long-Term Use of the Flanders Mansion Property.
Regular Meeting
Tuesday, February 4, 2014
4:30 p.m., Open Session
Tuesday, February 4, 2014
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street
II. Roll Call
V. Announcements from Closed Session, from City Council Members and the City Administrator.
A. Announcements from Closed Session.
V. Announcements from Closed Session, from City Council Members and the City Administrator.
A. Announcements from Closed Session.
A. CONFERENCE WITH LEGAL COUNSEL-LABOR NEGOTIATIONS
Pursuant to 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.
C. Announcements from City Administrator.
1. Summary Report from Monday's Workshop
2. Agenda Forecast
3. Public Records Act Process
4. Presentation of FY 2012/2013 Financial Statement Audit
5. Second Quarter Performance Report
6. Introduction of New Employees:
Library Assistant- Jeanette Campbell
Finance Manager- Paul Wood
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.
E. Receive Public Records and Media Request Log.
Public Records Act Request Log Feb 2014
F. Receive Second Quarter Performance Report.
Professional Services Consulting Agreement With Public Consulting Group Feb
2014
VIII. Orders of Council
A. Receive Water Update, Provide Direction and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation.
GreenWaste Recovery Feb 2014
D. Consideration of a Preliminary Report on Options for Establishing a Long-Term Use of the Flanders Mansion Property.
Options for Establishing a Long-Term Use of Flanders Mansion Property Feb 2014.pdf
CARMEL-BY-THE-SEA CITY COUNCIL: Tour, Closed Session and Public Workshop, February 3, 2014
CARMEL-BY-THE-SEA CITY COUNCIL
Tour, Closed Session and
Public Workshop
Monday, February 3, 2014, 2014-4:00 p.m.,
Tour, Closed Session and
Public Workshop
Monday, February 3, 2014, 2014-4:00 p.m.,
with workshop to follow at 5:30 p.m.
Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues
Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues
ABSTRACT: On Monday, February 3, 2014, the Carmel-by-the-Sea City Council is scheduled to conduct a Tour and Closed Session beginning at 4:00 P.M. and a Public Workshop at 5:30 P.M. Subject: Forest & Shoreline Management Plan Implementation. The Tour, Closed Session and Public Workshop Agenda document is embedded.
Tour, Closed Session and Public Workshop Feb 2014
CARMEL-BY-THE-SEA CITY COUNCIL
Tour, Closed Session and Public Workshop
Monday, February 3, 2014
Tour, Closed Session and Public Workshop
Monday, February 3, 2014
MINUTES, REGULAR CITY COUNCIL MEETING, January 7, 2014
City Council Minutes January 7, 2014
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
January 7, 2014
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
January 7, 2014
Thursday, January 30, 2014
Proceeding Number A.12-04-019 RULING SETTING FORTH UPDATED SCHEDULE AND ADDRESSING OTHER MATTERS
RELATED NEWS ARTICLE:
Desal plant could face yet another delay
Mayors to address issue Thursday in special meeting
By JIM JOHNSON Herald Staff Writer, 01/29/2014 07
Excerpt Highlights:
On Monday, a state Public Utilities Commission judge ruled that the release of the draft environmental impact report, which is crucial to the project, would have to be postponed about six months because California American Water had not secured permission to test source water for its proposed desalination plant. The draft EIR, due for release next month, will now be issued in the third quarter of the year.
While the commission continued the request to next month, Cal Am went ahead and filed a permit application Monday. In response, the city set a special planning commission meeting for Feb. 10 to consider it.
He (Delgado) acknowledged the perception that the city's review had been delayed, but he said it's common for applicants to assume the process is taking longer than it should. City staff, he said, had "spent a lot of time and effort moving the ball forward" while dealing with a rushed timeline and an occasional absence of relevant information
ABSTRACT: Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, 019 RULING SETTING FORTH UPDATED SCHEDULE AND ADDRESSING OTHER MATTERS document, including ATTACHMENT 1, is embedded.
IT IS RULED that:
1. The updated schedule for Phase 1 is set forth in this Ruling.
2. No later than February 7, 2014, California-American Water Company shall file and serve a compliance filing that details the impact, if any, on this proceeding of Governor Brown’s proclamation of a drought State of Emergency issued on January 17, 2014. Interested parties may file and serve comments on the compliance filing no later than February 21, 2014.
3. To the extent that the dates set forth in this ruling fall on a weekend or holiday, parties shall adhere to the computation of time requirements set forth in Rule 1.15.
4. The communications and attachments sent to me by Stephen Collins are attached to this Ruling.
5. The motion filed and served by Public Trust Alliance on December 5, 2013 is denied.
Importantly, CEQA Track, 3rd Quarter 2014, DEIR circulated for comment; 45 days after issuance of DEIR, Comments on DEIR due; and 1st Quarter 2015, DEIR published.
Ruling Setting Forth Updated Schedule and Addressing Other Matters 01-27-14
Desal plant could face yet another delay
Mayors to address issue Thursday in special meeting
By JIM JOHNSON Herald Staff Writer, 01/29/2014 07
Excerpt Highlights:
On Monday, a state Public Utilities Commission judge ruled that the release of the draft environmental impact report, which is crucial to the project, would have to be postponed about six months because California American Water had not secured permission to test source water for its proposed desalination plant. The draft EIR, due for release next month, will now be issued in the third quarter of the year.
While the commission continued the request to next month, Cal Am went ahead and filed a permit application Monday. In response, the city set a special planning commission meeting for Feb. 10 to consider it.
He (Delgado) acknowledged the perception that the city's review had been delayed, but he said it's common for applicants to assume the process is taking longer than it should. City staff, he said, had "spent a lot of time and effort moving the ball forward" while dealing with a rushed timeline and an occasional absence of relevant information
ABSTRACT: Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, 019 RULING SETTING FORTH UPDATED SCHEDULE AND ADDRESSING OTHER MATTERS document, including ATTACHMENT 1, is embedded.
IT IS RULED that:
1. The updated schedule for Phase 1 is set forth in this Ruling.
2. No later than February 7, 2014, California-American Water Company shall file and serve a compliance filing that details the impact, if any, on this proceeding of Governor Brown’s proclamation of a drought State of Emergency issued on January 17, 2014. Interested parties may file and serve comments on the compliance filing no later than February 21, 2014.
3. To the extent that the dates set forth in this ruling fall on a weekend or holiday, parties shall adhere to the computation of time requirements set forth in Rule 1.15.
4. The communications and attachments sent to me by Stephen Collins are attached to this Ruling.
5. The motion filed and served by Public Trust Alliance on December 5, 2013 is denied.
Importantly, CEQA Track, 3rd Quarter 2014, DEIR circulated for comment; 45 days after issuance of DEIR, Comments on DEIR due; and 1st Quarter 2015, DEIR published.
Ruling Setting Forth Updated Schedule and Addressing Other Matters 01-27-14
Filing Date 01-27-14
RULING SETTING FORTH UPDATED SCHEDULE AND ADDRESSING OTHER MATTERS
RULING SETTING FORTH UPDATED SCHEDULE AND ADDRESSING OTHER MATTERS
Attachment 1 01-27-14
Filing Date 01-27-14
ATTACHMENT 1
ATTACHMENT 1
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA & MINUTES January 30, 2014
RELATED NEWS ARTICLE:
Desal plant could face yet another delay
Mayors to address issue Thursday in special meeting
By JIM JOHNSON Herald Staff Writer, 01/29/2014 07
Excerpt Highlights:
On Monday, a state Public Utilities Commission judge ruled that the release of the draft environmental impact report, which is crucial to the project, would have to be postponed about six months because California American Water had not secured permission to test source water for its proposed desalination plant. The draft EIR, due for release next month, will now be issued in the third quarter of the year.
However, Monterey Peninsula mayors are still hoping they can help muscle the water testing ahead in an attempt to keep the project on schedule. They have scheduled a special meeting for Thursday to address the issue with Marina Mayor Bruce Delgado and City Manager Layne Long.
While the commission continued the request to next month, Cal Am went ahead and filed a permit application Monday. In response, the city set a special planning commission meeting for Feb. 10 to consider it.
However, Stedman said Cal Am still hopes to secure a permit for the bore holes and conduct the testing by the end of next month, outside the snowy plover season. The proposed source water site is near critical habitat for the protected shorebird, but Stedman said if the bore hole testing extends past March 1, Cal Am would work with U.S. Fish and Wildlife officials to "mitigate the impacts."
MPRWA Special Meeting Agenda Packet 01-30-14 AGENDA PACKET, SPECILA MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
January 30, 2014
DRAFT MINUTES SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
January 30, 2014
Desal plant could face yet another delay
Mayors to address issue Thursday in special meeting
By JIM JOHNSON Herald Staff Writer, 01/29/2014 07
Excerpt Highlights:
On Monday, a state Public Utilities Commission judge ruled that the release of the draft environmental impact report, which is crucial to the project, would have to be postponed about six months because California American Water had not secured permission to test source water for its proposed desalination plant. The draft EIR, due for release next month, will now be issued in the third quarter of the year.
However, Monterey Peninsula mayors are still hoping they can help muscle the water testing ahead in an attempt to keep the project on schedule. They have scheduled a special meeting for Thursday to address the issue with Marina Mayor Bruce Delgado and City Manager Layne Long.
While the commission continued the request to next month, Cal Am went ahead and filed a permit application Monday. In response, the city set a special planning commission meeting for Feb. 10 to consider it.
However, Stedman said Cal Am still hopes to secure a permit for the bore holes and conduct the testing by the end of next month, outside the snowy plover season. The proposed source water site is near critical habitat for the protected shorebird, but Stedman said if the bore hole testing extends past March 1, Cal Am would work with U.S. Fish and Wildlife officials to "mitigate the impacts."
MPRWA Special Meeting Agenda Packet 01-30-14 AGENDA PACKET, SPECILA MEETING
January 30, 2014
DRAFT MINUTES SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
January 30, 2014
Monday, January 27, 2014
Monterey Peninsula Water Management District, Board of Directors, AGENDA ITEM 16. GENERAL MANAGER’S REPORT UPDATE ON DEVELOPMENT OF WATER SUPPLY PROJECTS, 29 January 2014
ABSTRACT: The Board of Directors, Monterey Peninsula Water Management District, will conduct a public meeting on Wednesday, January 29, 2014 at 7:00 P.M. GENERAL MANAGER’S REPORT AGENDA ITEM 16. UPDATE ON DEVELOPMENT OF WATER SUPPLY PROJECTS is highlighted. A link to the AGENDA is provided; ACTION ITEM 16 Report is reproduced, including embedded Exhibits 16-A, 16-B and 16-C.
5
Harris Court, Bldg G, Monterey, CA
DISCUSSION:
In December, the General Manager met individually with each SWRCB Board member to discuss resolving the mixed-use metering issue. The District proposed that the SWRCB allow the water use factor methodology to be used to determine whether a proposed use would intensify use of water. SWRCB Chair Felicia Marcus indicated via email that staff would be directed to work on this issue, but we have received no additional clarification.
Item 16 Exhibit 16-A
Item 16 Exhibit 16-B
Item 16 Exhibit 16-C
Regular
Meeting
Board of
Directors
Monterey
Peninsula Water Management District
******************
Wednesday,
January 29, 2014
7:00 PM – Regular Board Meeting
Conference Room, Monterey Peninsula Water Management District
5
Harris Court, Bldg G, Monterey, CA
GENERAL
MANAGER’S REPORT
16.
|
ITEM:
|
GENERAL MANAGER’S REPORT
|
||||
16.
|
|||||
Meeting Date:
|
January 29, 2014
|
Budgeted:
|
N/A
|
||
From:
|
David J. Stoldt
|
Program/
|
N/A
|
||
General Manager
|
Line
Item No.: N/A
|
||||
Prepared By:
|
David J. Stoldt
|
Cost Estimate:
|
N/A
|
||
General Counsel Approval: N/A
|
|||||
Committee Recommendation: N/A
|
|||||
CEQA
Compliance: N/A
|
|||||
SWRCB:
On January 15, 2014 the District General Manager and General Counsel met
with enforcement staff of the State Water Resources Control Board, Cal-Am, the
Regional Water Authority, Sierra Club, attorney for water rights holders, and
the Pebble Beach Company (Parties to the lawsuit over the Cease and Desist
Order (CDO)) and held initial discussions about the process for petitioning for
a modification of the CDO under section 1832 of the California Water Code.
In December, the General Manager met individually with each SWRCB Board member to discuss resolving the mixed-use metering issue. The District proposed that the SWRCB allow the water use factor methodology to be used to determine whether a proposed use would intensify use of water. SWRCB Chair Felicia Marcus indicated via email that staff would be directed to work on this issue, but we have received no additional clarification.
Desalination
Facility (A.12-04-019): The District participated in a
joint opening brief on the sizing of the desalination facility, submitted to
the CPUC on January 21, 2014 (Exhibit 16-A).
Legislation was finalized for the Water Rate Relief
Bonds and is expected to be introduced by Senator Monning next week. The General Manager concluded 15 public
presentations on the status of the water supply projects and the use of the
Water Rate Relief Bond financing with presentations to the Carmel Valley
Association and the Seaside City Council on January 16th.
Groundwater
Replenishment (GWR): District staff has been meeting with MRWPCA
staff and consultants every other Friday, tracking project progress. CEQA work
and source water feasibility studies continue to proceed.
Larry Hampson, District Engineer, joined the MRWPCA
team in a visit to Sacramento to meet with State Revolving Fund (SRF) staff on
January 7, 2014. SRF staff responded
very favorably to the prospect of funding the GWR project and the project
consultants have been instructed to begin the loan application process.
A mid-year budget increase for GWR has been
recommended and is included in this meeting agenda under Item 19.
Aquifer
Storage and Recovery (ASR): The District has reached
agreement with the City of Seaside for the size and shape of the easement for
the Santa Margarita site however, we await results of an appraisal conducted by
the City of Seaside. Staff will be
directing General Counsel to modify proposed agreements for the City of Seaside
which will enable FORA to approve final plans.
This could lead to completion of the backflush pond, undergrounding of
pipes, paving, and landscaping in 2014.
FORA has indicated that a 3-way Agreement between the District, FORA,
and Seaside may be required.
Alternative
Desalination Project: The General Manager met with the DeepWater
Desal team, including their data center developer, on January 22, 2014. The Cost Sharing Agreement with DeepWater
Desal requires execution of certain activities by February 28, 2014. For example, definitive agreements for the
following are required:
·
an option
agreement for the Company to purchase
the “Tank Farm” parcel adjacent to the Dynegy Moss Landing Power Plant
from Dynegy Moss Landing, LLC, together with easements necessary to construct
intake and/or outfall pipelines necessary to operate the CCRWP and the
Desalination Plant; and
·
an
agreement for the Company to purchase from the City of Salinas sufficient
electricity needed to operate the CCRWP and the Desalination Plant; and
·
an agreement
in a form reasonably acceptable to MPWMD
for development of intake and outfall pipeline facilities, and data
center components for the CCRWP.
It is evident that the milestones will not have been
met, but progress is being made. As a
result, staff will recommend to the Board at its February meeting that the
milestone dates be extended.
The Tenera Study on impacts of the intake facility
has been completed. Power Engineering
Inc completed its study on energy delivery in December. The Preliminary Environmental Assessment
(PEA) is expected to be delivered to the State Lands Commission in March or
April followed in May or June with a Notice of Preparation for an environmental
impact report.
Local
Water Projects: The District General Counsel has drafted a
grant agreement that is being finalized by staff. This should enable actual award of monies to
the Airport District and the City of Pacific Grove.
MPWSP
Governance Committee: The Governance Committee recommended approval
of Cal-Am’s decision to hire CDM Constructors, Inc as the design-build team for
the desalination facility (see Exhibit 16-B). The District, jointly with the Regional Water
Authority, contracted with Separation Processes Inc to participate in the
procurement process. Their assessment of
the process is contained in Exhibit 16-C.
EXHIBITS
Item 16 Exhibit 16-A
16-A Joint
Opening Brief on Plant Sizing in Support of Approval and Implementation of
Settlement Agreements
Item 16 Exhibit 16-B
16-B Monterey Peninsula Water Supply Project Governance
Committee Response to Cal-Am Notification #3 – Execution of Design Build
Agreement for Desalination Infrastructure (letter from Jason K. Burnett)
Item 16 Exhibit 16-C
16-C Review of Selection Process for the Design-Build
Contractor for the Monterey Peninsula Water Supply Project (Memorandum from SPI
Engineering)
Monterey Peninsula Water Management District, Board of Directors, AGENDA ACTION ITEM 21. CONSIDER ACTION TO BE TAKEN WITH RESPECT TO PUBLIC WATER NOW INITIATIVE PETITION, 29 January 2014
ABSTRACT: The Board of Directors, Monterey Peninsula Water Management District, will conduct a public meeting on Wednesday, January 29, 2014 at 7:00 P.M. ACTION ITEM 21. CONSIDER ACTION TO BE TAKEN WITH RESPECT TO PUBLIC
WATER NOW INITIATIVE PETITION
is highlighted. A link to the AGENDA is provided; ACTION ITEM 21 Report is reproduced, including embedded Exhibits 21-A, 21-B, 21-C and 21-D. Action: The Board will consider adoption of Resolution 2014-02 calling for an election within the MPWMD boundaries on June 3, 2014, as specified in the Public Water Now Initiative Petition. The petition requests that the District submit to the voters a proposed Ordinance that adds Rule 19.8 to the District Rules and Regulations and requires the General Manager, within nine months of Rule’s effective date, to complete a Feasibility Analysis and Acquisition Plan for the acquisition, long-term ownership, and management by the District of Cal-Am’s assets. If the Plan concludes acquisition is feasible, the District shall, as soon as practicable, take all necessary and proper actions consistent with its powers under District Law and Eminent Domain Law to acquire Cal-Am’s water system assets.
SUMMARY: By letter dated
January 21, 2014, (Exhibit 21-A)
the Monterey County Registrar of Voters verified a sufficient number of
signatures on Public Water Now’s petition for the “Monterey Peninsula Water System
Local Ownership and Cost Savings Initiative” delivered to the Water Management
District on January 13, 2014. The
Registrar determined that of the 8,715 signatures gathered, 7,563 were valid,
which exceeds the 5,263 signatures required to qualify the petition.
|
Regular
Meeting
Board of
Directors
Monterey
Peninsula Water Management District
******************
Wednesday,
January 29, 2014
7:00 PM –
Regular Board Meeting
Conference
Room, Monterey Peninsula Water Management District
5
Harris Court, Bldg G, Monterey, CA
ACTION ITEMS
– Public comment will be received on each of these items.
Please limit your comment to three (3) minutes per item. 21. Consider Action to be Taken with Respect to Public Water Now Initiative Petition |
Action: The Board will consider adoption of Resolution 2014-02
calling for an election within the MPWMD boundaries on June 3, 2014, as
specified in the Public Water Now Initiative Petition. The petition requests that the District
submit to the voters a proposed Ordinance that adds Rule 19.8 to the District Rules
and Regulations and requires the General Manager, within nine months of Rule’s
effective date, to complete a Feasibility Analysis and Acquisition Plan for the
acquisition, long-term ownership, and management by the District of Cal-Am’s
assets. If the Plan concludes
acquisition is feasible, the District shall, as soon as practicable, take all
necessary and proper actions consistent with its powers under District Law and
Eminent Domain Law to acquire Cal-Am’s water system assets.
ITEM:
|
ACTION
ITEM
|
|||||||||
21.
|
||||||||||
Meeting Date:
|
January 29, 2014
|
Budgeted:
|
N/A
|
|||||||
From:
|
David J. Stoldt,
|
Program/
|
N/A
|
|||||||
General Manager
|
Line Item No.:
|
|||||||||
Prepared By:
|
David J. Stoldt
|
Cost Estimate:
|
N/A
|
|||||||
General Counsel Review: Yes
|
||||||||||
CEQA Compliance: N/A
|
||||||||||
The
Water Management District’s Elections Official will certify the results of the
Registrar’s examination of the initiative petition at the January 29, 2014
Board meeting. The Board will then consider taking action as described below,
and as outlined in Exhibit 21-D.
RECOMMENDATION: Pursuant to
California Elections Code § 9310, the District Board of Directors has the
following options:
1.
Adopt the ordinance, without
alteration, either at the regular meeting at which the certification of the
petition is presented, or within 10 days after it is presented; or
2.
Adopt Resolution 2014-02 (Exhibit 21-B)
to immediately order that the ordinance be submitted to the voters, without
alteration, pursuant to subdivision (a) of Section 1405.
DISCUSSION: On September 6, 2013, Public Water Now submitted to the
District a Notice of Intent to Circulate an Initiative Petition and Proof of
Publication of the Notice (Exhibit 21-C). Ronald T. Cohen, George Riley, Douglas W.
Wilhelm, and Harvey Billig represent Public Water Now.
The stated purpose of the Initiative Petition is to
establish a policy to acquire, if economically feasible, the water system
assets of the California-American Water Company (Cal-Am) within the District’s
territory, either through negotiation or through the exercise of eminent domain
power. The stated reasons for the action
are to “ensure the long-term sustainability, reliability, cost-effectiveness
and quality of water service within the Monterey Peninsula Water Management
District as a whole, to lower the cost of monthly service to rate-payers, to
promote sound water management measures, and to establish public ownership of
water system assets, by establishing regulations requiring the District to take
affirmative action, to the extent financially feasible, to acquire the water
system assets owned and operated by California American Water Company that
currently provide water service to the District and its ratepayers.”
The Initiative Petition contains a proposed Ordinance that
adds Rule 19.8 to the District Rules and Regulations and requires the General
Manager, within nine months of Rule’s effective date, to complete a Feasibility
Analysis and Acquisition Plan for the acquisition, long-term ownership, and
management by the District of Cal-Am’s assets.
If the Plan concludes acquisition is feasible, the District shall, as
soon as practicable, take all necessary and proper actions consistent with its
powers under District Law and Eminent Domain Law to acquire Cal-Am’s water
system assets.
The Initiative Petition requests the Ordinance be submitted
to the voters “at the earliest regular or special election for which it
qualifies pursuant to Section 1405 of California Elections Code.”
Elections Code, Division 9, Chapter 4, District Elections,
pertains to handling of the Initiative Petition. Public Water Now circulated
the petition and the Registrar determined that 8,715 signatures were gathered.
The number of signatures required for the petition is based upon the number of
voters in the District as of the last report of registration, which is
56,237. Pursuant to Election Code 9310,
10% of that number is required to qualify the petition, which is 5,624
signatures. The Registrar of Voters
conducted a random sampling of 500 signatures and found that 88.8% were deemed
valid, which projects that 7,563 of the signatures are sufficient. That equates to 135% of the number of
signatures needed to qualify the petition.
As the initiative has been signed by
voters not less in number than 10 percent of the voters in the District, where
the total number of registered voters is less than 500,000, and Public Water
Now has requested a special election, California Elections Code § 9310 applies. Pursuant to § 9310, the Board of Directors
has the following options:
1.
Adopt the ordinance, without
alteration, either at the regular meeting at which the certification of the
petition is presented, or within 10 days after it is presented; or
2.
Adopt a resolution to immediately
order that the ordinance be submitted to the voters, without alteration,
pursuant to subdivision (a) of Section 1405.
Section 1405(a) provides that with
certain exceptions, the election for a district initiative that qualifies
pursuant to Section 9310 shall be held not less than 88 nor more than 103 days
after the date of the order of election.
The next state primary is set for June 3, 2014. Pursuant to section 1405, the election on the
measure may be consolidated with the state regular or special election. Should the Board decide to submit the
ordinance to the voters, the election for a district initiative will be
consolidated with the June 3, 2014 state primary.
Exhibit
21-D is a memorandum from District General Counsel clarifying
the Board’s next steps.
The attached resolution would
implement Option 2, above, to direct the Monterey County Elections Department
to conduct the election to approve or reject the Measure set forth in the
“Monterey Peninsula Water System Local Ownership and Cost Saving Initiative,”
on the June 3, 2014 ballot; and consolidate that election with any and all
elections also called to be held on June 3, 2014. The resolution also requests the Monterey
County Board of Supervisors to order such consolidation under Elections Code
Section 10401 and 10403; and requests the Board of Supervisors to permit the
Monterey County Elections Department to provide any and all services necessary
for conducting the election and agrees to pay for those services.
EXHIBITS
Item21 Exhibit 21-A
21-A January
21, 2014 Correspondence from Monterey County Elections
Item 21 Exhibit 21-B
21-B Resolution No.
2014-02, Ordering an Election, Requesting County Elections to Conduct the Election, and Requesting Consolidation of
the Election
Item 21 Exhibit 21-C
21-C Public Water Now -
Notice of Intent to Circulate an Initiative Petition
Item 21 Exhibit 21-D
21-D January
23, 2014 Memorandum from David Laredo, District General Counsel
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