monterey regional water pollution control agency

181 Pages·2012·13.34 MB·English

MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY

Agenda
Regular Meeting
Board of Directors

Monday, July 31, 2017
6:00 PM

Meeting Location:
MRWPCA Administrative Office
Board Room
5 Harris Court, Bldg D, Monterey, CA 93940
Tel: [phone] Fax: [phone]

BOARD OF DIRECTORS
[Note: MRWPCA Board Members are appointed from their respective Joint Powers Authority (JPA) jurisdictions]
Rudy Fischer, Chair Pacific Grove
Ron Stefani, Vice Chair Castroville Community Services District
Linda Grier Boronda County Sanitation District
John M. Phillips County of Monterey
Dennis Allion Del Rey Oaks
Thomas P. Moore Marina Coast Water District
Timothy Barrett Monterey
James R. Cochran Moss Landing County Sanitation District – Ex-Officio
Gloria De La Rosa Salinas
Mary Ann Carbone Sand City
Ralph Rubio Seaside
VACANT United States Army - Ex-Officio

Paul A. Sciuto General Manager

You are invited to visit our Website @ www.mrwpca.org to access a description of MRWPCA and its Mission Statement.
NOTE: All enclosures and staff materials regarding the following agenda items are available for public review on Tuesday, July 25
through Monday, July 31, 2017, at the MRWPCA’s Administrative Office in Monterey at Ryan Ranch, and at the public libraries located
in Castroville, Marina, Monterey, Pacific Grove, Salinas, and Seaside.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Board Clerk, Alma Garcia at [phone] or [email protected] Notification 30 hours prior to the meeting will enable the
Agency to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent
feasible.
MRWPCA Regular Meeting Notice and Agenda – July 31, 2017 at 6:00 pm

1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
Anyone wishing to address the Board on matters not appearing on the Agenda may do so now for not more than three (3) minutes.
Comments on any other matter listed on the Agenda are welcome at the time the matter is being considered by the Board.
5. PRESENTATIONS
A. Pure Water Monterey Groundbreaking Plaques
6. EMPLOYEE RECOGNITIONS
A. Receive the Government Finance Officers Association Distinguished Budget Award
B. MRWPCA Resolution No. 2017-29, a Resolution of Appreciation Presented to Mr. Mark 1
Malanka Upon Retirement for His 36 Years of Service to the MRWPCA
7. PUBLIC HEARINGS
Public Hearing items consist of business which the underlying statute or ordinance specifically requires input from the
public prior to a vote by the Board. These items are acted upon in the following sequence: (1) Staff Reports; (2) Board
Questions to Staff; (3) Public Comments; and, (4) Board Discussion and Action
A. Public Hearing for Special User Rate Increases for Fiscal Years 2017/18, 2018/19 and 2-18
2019/20
1. Staff Report
2. Board Questions/Comments
3. Public Hearing
4. Staff Recommendation: Adopt MRWPCA Ordinance No. 2017-02, Amending
Ordinance No. 2017-01 in part to add the Special User Fee Formulas for Fiscal Years
2017/18, 2018/19 and 2019/20, with said Rates Effective August 1, 2017.
8. CONSENT AGENDA 19
The Consent Agenda consists of routine items for which Board approval can be taken with a single motion and vote. A Board Member
may request that any item be placed on the Regular Agenda for separate consideration.
A. Consider Approval of Board Minutes for Regular Board Meeting of June 26, 2017 20-29
B. Consider Approval of Board Minutes for Special Board Meeting of July 10, 2017 30-35
C. Receive Schedule of Cash and Investments as of June 30, 2017 36-37
D. Receive Check Register for June 2017 38-44
E. Receive Waste Discharge Report for June 2017; NPDES Monitoring Report for June
2017; and Plant Flows and Effluent Quality for Connected Agencies, Plus Flow Charts for 45-49
RTP, Salinas, Monterey Peninsula, Marina, Fort Ord, and Castroville for June 2017
F. Consider Award of Contract for the RTP Breaker Retrofit to Siemens Industry for a not to 50-60
Exceed Amount of $139,170.
9. COMMITTEE REPORTS
Committee Reports provide an opportunity for the Board to receive a report from the Committee Chair, review Committee’s draft
minutes, ask questions, and receive Public Comments on any of the Informational Items considered at the Committee Meeting. The
Committee’s recommendations for Board Action Items are presented under Action Items which follows this agenda item.
A. BUDGET/PERSONNEL COMMITTEE (BPC) – JULY 14,2017 61-68
1. Receive BPC Draft Minutes of July 14, 2017

B. RECYCLED WATER COMMITTEE (RWC) – JULY 20, 2017 69-82
1. Receive RWC Draft Minutes of July 20, 2017

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MRWPCA Regular Meeting Notice and Agenda – July 31, 2017 at 6:00 pm

10. ACTION ITEMS
Action Items consist of business which requires a vote by the Board. These items are acted upon in the following sequence:
(1) Staff Reports; (2) Board Questions to Staff; (3) Public Comments; and, (4) Board Discussion and Action.
A. Consider Approval of an Amendment to MRWPCA’s 2017/18 Investment Policy and 83-101
Guidelines to Include a Responsible Banking Statement and Additional Criteria for
Authorized Financial Dealers and Institutions
B. Consider Approval of Program Manager Position for Pure Water Monterey 102-103
C. Consider Approval of Resolution No. 2017-30, Authorizing the General Manager to File 104-161
an Application and Execute a Grant Agreement with the United States Bureau of
Reclamation for a Title XVI Water Infrastructure Improvements for Nation Act (WIIN)
for the Pure Water Monterey Blanco Drain Diversion Project and Approval of a Transfer
of Budgeted Funds to Professional Services
D. Consider Award of the Construction Management Contract for the Pure Water Monterey 162-166
Advanced Purification Facility and Product Water Pump Station to MNS Engineers, Inc
for a Not to Exceed Amount of $3,995,766.00 With a $399,577 Contingency for a Total
Cost of $4,395,343.00
11. INFORMATIONAL ITEMS
Informational Items are normally provided in the form of a written report or update and may not require Board action. Staff will not
usually make a presentation on these items. However, the Board may wish to ask questions or discuss an Informational Item, or request
action on a certain item.
A. Pure Water Monterey Update 167-168
B. Update Regarding the Advanced Water Purification Facility Bids and the Procore 169-176
Construction Management Software
12. STAFF REPORTS
Staff Reports include items for which verbal reports/presentations will be provided. If a specific presentation is planned, it will be listed
and summary information may be included with the Agenda. Brief oral reports may be provided for items arising after Agenda
preparation. The Board may wish to ask questions or discuss a staff report, but no action is appropriate other than referral to staff, or
request that a matter be set as a future Agenda item.
A. General Manager/ Legal Counsel
13. BOARD MEMBER COMMENTS/REPORTS
Board Members may ask a question for clarification, make a brief announcement or make a brief comment or report on his or her own
activities within the jurisdiction of the Agency. No discussion or action is appropriate other than referral to staff for consideration or
setting a matter as a future agenda item.

14. CLOSED SESSION
As permitted by Government Code Section 54956 et seq., the Board may adjourn to a Closed or Executive Session to consider specific
matters dealing with pending or potential litigation, certain personnel matters, real property negotiations, or confer with the
MRWPCA’s Meyers-Milias-Brown representative.
A. Public Employee Performance Evaluation
Pursuant to Government Code §54957
Title: General Manager
B. Conference with Real Property Negotiators
Pursuant to Government Code §54956.8
Property: Conveyance Pipeline
Agency Negotiator: Paul A. Sciuto, General Manager
Negotiating Parties: Marina Coast Water District
Under Negotiation: All Terms and Conditions
15. ANNOUNCEMENTS FROM CLOSED SESSION
The Board will report out on any reportable action taken during Closed Session, and may take additional action in Open Session, as
appropriate.
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MRWPCA Regular Meeting Notice and Agenda – July 31, 2017 at 6:00 pm

16. ADJOURNMENT
Next Board Meetings:
 Regular Board Meeting, August 28, 2017
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MRWPCA Regular Meeting Notice and Agenda – July 31, 2017 at 6:00 pm

* * * * * *

This Agenda was posted at the
Administrative Offices of the MRWPCA
5 Harris Court, Building D, Monterey, CA 93940

POSTED: Tuesday, July 25, 2017

Alma Garcia
BY: /s/
Administrative Support Specialist

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Resolution No. 2017- 29
A Resolution of Appreciation
Mark Malanka
From the Board of Directors of the
Monterey Regional Water Pollution Control Agency

WHEREAS, the Monterey Regional Water Pollution Control Agency
(MRWPCA) acknowledges the thirty-six years of service Mark Malanka has
provided MRWPCA from 1981-2017 and
WHEREAS, Mr. Malanka began his career with the Agency as a
Maintenance Mechanic I and was quickly promoted to a Maintenance
Mechanic II. He continued his job progression by obtaining his Grade IV
Maintenance Technologist Certification from the California Water Environment
Federation and ultimately became a Field Maintenance Supervisor; and,
WHEREAS, in 2007 Mr. Malanka was promoted to Maintenance
Manager where he has served this Agency for the last ten years; and
WHEREAS; Mr. Malanka’s skills and experience have been invaluable
in operating and maintaining safe and efficient Agency and member entity-
owned pump stations, the Regional Treatment Plant, and the Castroville
Seawater Intrusion Project; and
WHEREAS; Mr. Malanka has displayed a genuine enthusiasm to
support the work of the Agency with his extensive knowledge about past,
present, and future projects; and
NOW, THEREFORE, BE IT RESOLVED, that MRWPCA hereby
commends and extends public recognition and official “appreciation” to Mr.
Malanka for his thirty-six years of service to the MRWPCA and the
communities it serves,
PASSED AND ADOPTED by the Board of Directors of Monterey
Regional Water Pollution Control Agency, this July 31, 2017.

Paul A. Sciuto, General Manager Rudy Fischer, Chair
Secretary to the Board of Directors MRWPCA Board of Directors
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MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY
* * * AGENDA TRANSMITTAL FORM * * *
MEETING DATE: JULY 31, 2017
AGENDA ITEM: 7 – A
1. PUBLIC HEARING – SPECIAL USER RATE INCREASES FOR
AGENDA TITLE:
FISCAL YEARS 2017/18, 2018/19 AND 2019/20

1. ADOPT THE MRWPCA ORDINANCE NO. 2017-02, AMENDING
ORDINANCE 2017-01 IN PART TO UPDATE THE SPECIAL
USER FEE FORMULAS FOR FISCAL YEARS 2017/18, 2018/19
AND 2019/20, WITH RATES EFFECTIVE AUGUST 1, 2017.
Consent ( ) Action ( X ) Informational ( )
Prior Board Action: Directed staff to prepare and issue a proposition 218 Notice for an increase in
wastewater user fees at the March 27, 2017 meeting; approved rate increase for all defined user
categories on June 5, 2017; and continued the public hearing to July 31, 2017.
CONTACT: TORI HANNAH, CHIEF FINANCIAL OFFICER
PHONE:
[phone]

BACKGROUND

The Agency retained Bartle Wells and Associates (BWA) to prepare a Comprehensive
Wastewater Rate and Fee Study based on a cost of service approach. At the March 27, 2017
Board Meeting, staff was directed to mail Proposition 218 Notices to all users regarding a
proposed maximum rate increase. The Agency approved the rate increase for defined user
categories at the June 5, 2017 Board Meeting, with an effective date of July 1, 2017. At
Staff’s request the Board extended the hearing period for Special Users to July 31, 2017, to
provide additional notification and clarification on the formula that is to be used to calculate
Special User rates.

Special User rates are calculated based on individual usage, which varies based on strength
and flow characteristics. While all Special Users were mailed the original hearing Notice, the
Notice did not include the updated factors and formulas that would be used to determine the
rates. Staff mailed the further Notice to all affected Special Users to provide additional clarity
and to be in conformance with Proposition 218. This Notice was mailed 45 days prior this
public hearing.

Due to the extension and continuation of this hearing, the Agency would still need to receive
protests from 50% of its over 60,000 customers. To date, the Agency has not received any
written protests in response to the proposed Special User increase; and previously only
received 41 in relation to the defined user categories. An update on any protests received will
be provided to the Board at the hearing on July 31, 2017.

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A copy of the proposed adjustments to the MRWPCA Sewer Service User Fees and Capacity
Charge Ordinance is included in Attachment A.

None
PRIOR BOARD ACTIONS:
ALTERNATIVES: N/A
MANAGER Recommend approval
RECOMMENDATION:
A: MRWPCA Sewer Service User Fees and Capacity Charge
ATTACHMENTS:
Ordinance
Adopt MRWPCA Ordinance No. 2017-02, Amending Ordinance
RECOMMENDED
No. 2017-01 in part to add the Special User Fee Formulas for
MOTION: Fiscal Years 2017/18, 2018/19 and 2019/20, with said Rates
Effective August 1, 2017.

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Codified Version of Ordinance Nos. 2001-01, 2002-02, 2003-01, 2004-03, 2005-01, 2006-01, 2006-02,
2007-01, 2007-02, 2008-02, 2009-03, 2010-02, 2011-01, 2013-01, 2014-01, and 2015-02.
2007-02, 2008-02, 2009-03, 2010-02, 2011-01, 2013-01, and 2014-01

ORDINANCE 2017-02

AN ORDINANCE AMENDING ORDINANCE NO. 2017-01, IN PART, TO
CHANGE THE SPECIAL USER CHARGE FORMULA

--o0o--

The BOARD OF DIRECTORS OF THE MONTEREY REGIONAL WATER POLLUTION
CONTROL AGENCY DOES ORDAIN, AS FOLLOWS:

1. Definitions. The following words and phrases shall be defined as follows in
connection with the interpretation and construction of this ordinance:

A. “Business/Government” shall mean all businesses, offices, governmental
agency offices and any other similar user not otherwise included in another
category herein, including grocery stores not defined as “supermarkets” herein
below. For governmental facilities and other businesses, a unit shall be
charged for each 1 to 10 employees (i.e., 1-10 employees=1 unit; 11-20
employees=2 units; 21-30 employees=3 units, etc.).

B. “Residential” shall refer to all living or dwelling units (as defined by the Uniform
Building Code) of a permanent, rather than a transient nature, including single-
family residences, apartments, mobile homes, townhouses, and condominiums.
A living unit shall be defined as any structure containing sleeping, eating,
cooking, and sanitation facilities.

C. “Transient Occupancy Residential” shall refer to all living or dwelling units (as
defined by the Uniform Building Code) located in a hotel, motel or other visitor-
serving structure, which contain facilities for cooking and eating, but which are
limited by zoning ordinance, use permit or other restrictions of the member
jurisdiction where located to transient occupancy. Such units will be subject to
residential user fees and capacity charges, but for all other purposes shall be
treated as commercial, hotel/motel uses.

D. “Hotel/Motel” shall mean all living units of a transient nature including hotel and
motel rental room units, and also living units of a permanent nature, which do
not contain any kitchen facilities. Excluded from the category are major, full-
service hotels, which are defined as a special user herein below.

E. “Bed and Breakfast Inn” shall mean hotel/motel facilities that use less than
sixty-seven (67) gpd (gallons per day), per room. This is a residential living
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Codified Version of Ordinance Nos. 2001-01, 2002-02, 2003-01, 2004-03, 2005-01, 2006-01, 2006-02,
2007-01, 2007-02, 2008-02, 2009-03, 2010-02, 2011-01, 2013-01, 2014-01, and 2015-02.
2007-02, 2008-02, 2009-03, 2010-02, 2011-01, 2013-01, and 2014-01
unit(s) where the establishment is primarily engaged in renting rooms, with or
without meals, on a fee basis.

F. “Supermarket” shall mean all businesses whose principal activity involves the
retail sale of all sorts of canned foods and dry goods, such as tea, coffee,
spices, sugar, and flour; fresh fruits and vegetables; and fresh meats, fish,
seafood, and/or poultry, which are prepared on premise. This category also
contains fish, seafood, and/or meat markets primarily engaged in preparing
fresh and raw or cooked fish, seafood or meat for resale.

(1) “Grocery store” shall mean all businesses whose principal activity involves
the retail sale of groceries that are prepackaged and where there is no on-
premise bakery, produce, fish, seafood, poultry, or meat preparation. A
grocery store shall be charged as a general commercial user as defined in
Section 1.a. of this ordinance.

G. “Medical Offices” shall be defined as all offices of physicians, surgeons,
optometrists, chiropractors and other similar professionals practicing in the
medical field.

H. “Dental Offices” shall mean all offices of dentists.

I. “Rest Home (7 or more beds)/Convalescent Hospital” shall mean all health
care facilities which provide in-patient bed facilities, but do not perform
surgeries or other major medical services, and hospitals with less than 150
gpd, per bed.

J. “General Hospital” shall be defined as a health care facility, which provides in-
patient bed facilities and surgical services or other major medical services with
flows of more than 150 gpd per bed.

K. “Animal Hospital” shall mean all animal care facilities, including veterinary
offices, animal boarding facilities and hospitals.

L. “Restaurant” shall mean all establishments whose principal activity involves on-
premise preparation and service of meals and food, including coffee shops and
cafes. Includes restaurants serving one, two, or three meals per day.

M. “Restaurant with a Bar” shall mean any retail establishment selling food
prepared on premise and with a full-service bar on premise.
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