AGENDA REGULAR MEETING OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY

6:00 p.m. Thursday, August 9, 2012 Seaside Council Chambers 440 Harcourt Avenue, Seaside, CA 93955
1. Call to Order 2. Roll call 3. Pledge of Allegiance 4. Reports from Members of the Authority Board and Staff 5. Receive Report from TAC and Provide Direction as Needed A. Other TAC matters 6. Public Comment for Items not on the Agenda 7. Approval of Minutes - None 8. Business Items A. Reports by Cities on Contributions to MPRWA Budget Report: Each City Representative B. Provision of Administrative and Legal Services (1) Independent Legal Services Discussion/Action Report: Christine Davi, City Attorney, Monterey (2) Clerical Services Discussion/Action (Clerk, Record, Technical, Communications) Report: Fred Meurer CM Monterey; Bonnie Gawf, City Clerk/Information Services Monterey (3) Administrative Services Discussion/Action Report: John Dunn, Interim City Manager, Seaside C. Preparation for Next Steps in CPUC Process Discussion/Action Report: Don Freeman, others D. Award of Contract for Evaluation of Three Desalinization Projects E. Consideration of Need for Further Policy Clarification (If Needed or Desired) Discussion/Action 9. Information Items A. Appointment by Chair of Ad Hoc Committee 10. Suggested Items for Next or Future Agenda 11. Determine Time and Place of Next Meeting 12. Adjournment
In compliance with the Americans with Disabilities Act (ADA), the City of Seaside does not discriminate against persons with disabilities and is an accessible facility. Any person with a disability who requires a modification or accommodation to be able to participate in this meeting is asked to contact the office of the City Clerk at thubbard@ci.seaside.ca.usor831.899.6707, no fewer than two business days prior to the meeting to allow for reasonable arrangements. The City of Seaside Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are also available upon request. Agenda related writings or documents provided to the MPRWA are available for public inspection during the meeting or may be requested from the office of the City Clerk. This agenda is posted in compliance with California Government Code Section 54954.2(a) or Section 54956.

Item No. 8B (1)

Item No. 8B(2)

MEMORANDUM

To:

Monterey Peninsula Regional Water Authority Board of Directors

From: Monterey City Manager Prepared by: Monterey Information Resources Director/City Clerk Date: Subject: August 9, 2012 Proposal to Provide Clerk-of-the-Board Services to MPRWA

This proposal is submitted in response to a request for a proposal to perform and manage certain clerical services for the Monterey Peninsula Regional Water Authority. As discussed at your July 23, 2012 meeting, the Water Authority is a legal entity that is separate from its member agencies and must comply with several laws including the Brown Act, the Public Records Act, and Fair Political Practices Commission regulations. The current arrangement that rotates clerical services amongst the member agencies has lacked continuity and demonstrated some areas of weakness. The City of Monterey volunteered early on to be the official records depository for the Water Authority. While we have an excellent system in place to classify and retain those records, at times it has proven difficult for us to obtain them. MPRWA records are produced by staff from the member agencies, and the originals do not always routinely find their way to the City of Monterey. This presents problems when responding to California Public Records Act requests. Similarly, there are a number of regulations under the jurisdiction of the California Fair Political Practices Commission that require noticing and filing of documents for public agencies and officials. Meticulous adherence to those regulations is important in overseeing and documenting these FPPC filings for the sake of the agency, its officials and members of the public. Monterey can offer our City Council Chamber as the location for the Water Authoritys and TACs regular meetings, along with use of the audio-visual equipment. Special meetings of these groups could also be held in the Chamber presuming they do not conflict with previously scheduled events in that facility. With the addition of a part-time temporary staff member, Monterey would be able to provide the necessary clerical services for the Water Authority. In order to provide the proper level of service, we would supply MPRWA with staff at the level of an Assistant

City Clerk at an approximate cost of $35,000/year. We would provide the following services: 1. 2. 3. 4. 5. 6. 7. 8. Produce and distribute Agendas and Packets for Board & TAC meetings Attend & take minutes at Board & TAC meetings Transcribe, format, & finalize meeting minutes Provide audio recordings of meetings Complete administrative paperwork to follow up on Board actions Records management services FPPC filing administration Provide Monterey City Council Chamber as a meeting facility, including existing audio-visual equipment 9. Website administration

Consolidating these services will provide the Monterey Peninsula Regional Water Authority with greater transparency and continuity for the public, as well as reduce risk for the agency.

Correspondence
August6,2012 Memorandumfor:MayorDellaSala,MayorBachofner,MayorGarcia,MayorEdelen,MayorPendergrassand MayorBurnett FromSueMcCloud Subject:SupporttotheJPABoardandTAC ThesupportrequiredfortheJPABoardandTACwillmorphastheprojectproceedsthroughavarietyofstagesand willnodoubtneedtobeadjustedaccordingly. Initiallyandthroughtheapprovalforaproject,focuswillbeonestablishingproceduresandensuringtransparency eachstepoftheway: 1. Meetings:Willmeetingresponsibilityneedtocontinuetorotateamongthecities?No.Thiswillbe carriedoutbythesupportsection.Willthephysicallocationofmeetingscontinuetorotate?Thiswas doneinparttotakethemeetingsintovariouscitiestoincreaseopportunitiesforthecommunityto participateandbecomeinformed.ThisisaBoarddecision.Arepresentativeofthesupportgroup,should beinattendanceatallBoardandTACmeetings. Website:Needstobereliedonforagendasandagendapacketsataminimumandamplifiedbyposting totheweballkeydocumentsandminutes.Oneofthefirstthingsthatneedstobedoneistoensurethat asofrightnowwehaveacompletesetofminutes,agendasandpackets. Mailing/distributionlists:Thesearenotyetcompleteinthatforinstancesomepeoplereceivednoticeof thecancellationoftheAug6thTACmeetingandsomedidnot. Pressreleases:Youmaywanttoconsiderapressreleasearoundakeyevent:e.g.thejustconcluded CPUCmeetingorevenpublishamonthlyoneonthewebsitethatincorporatesmonthlyhighlightsofthe BoardandTAC. Specialmeetings;e.g.CPUC,SWRCBetal.ThesupportgroupshouldstayontopofdeadlinesforJPA submissions,advisetheBoard,TACandthepublicofallrelevantpublicmeetingsrelatingtowater. TVcoverage:Forkeyeventsandmeetingsthereshouldbeaprocessamdbudgetapprovaltoimplement TVcoverageiftheBoarddecidestheywouldlikesuchcoverageperiodically. Finances:ThereportingiscurrentlyhandledbytheTreasurer. Outreach:Youmaywishtolaunchanoutreachprogramwherebyontheonehandsomeofyoumaywish tospeaktoselectaudiencesonselectedtopicsordevelopments.NooneshouldtelltheMayorsstory, youneedtobeseenandheardonthissubject.Acorollaryeffortmightbeifyouwishtogetknown communityleadersthroughoutthewaterdistricttowriteletterstotheeditors. Otherdutiesasassigned.

2.

3. 4.

5. 6. 7. 8.

9.

Theaboveisastart(afteracquiringhelp).IknowoftworetiredCityclerksandanofficemanagerwhomightbe approachedbutIsuspecttheywouldwanttobepaid.IfsoIwouldsuggestwepayonanhourlybasisatleastat thebeginning. Cc:CityManagers:Meurer,Dunn,Frutchy,Dawson,MatarazzoandStilwell

Correspondence
RESUME OF EXPERIENCE AND EDUCATION

William S. Hood, Jr. 2405 Onandaga Drive Columbus, OH 43221

Phone/Fax: Cell: Email:

614-488-6732 614-288-9985 wshood37@yahoo.com

SIGNIFICANT AND RELEVANT SKILLS I have held responsible positions as a senior manager, attorney, engineer, consultant, and military officer, in industry, government, consulting organizations and the U.S. Navy. My extensive environmental, commercial and regulatory/legislative law experience is relevant to the legal requirements of utility, chemical, petroleum, and agriculture industries; government agencies; other private enterprises Senior Manager Fiscal management Project management Personnel management Facility operations Media relations Government liaison Military units ADDITIONAL SKILLS Public speaking Representation of clients before government agencies at all levels Retired USN Commander EXPERIENCE
Military:

Attorney Environmental Commercial law Litigation Administrative law Mediation Govt. contracting Real estate

Consultant/Engineer Project management, Business development: Areas: Environmental/Energy s Economics Land use planning Transportation Major projects

Published author International experience Active in national, Graduate, Defense Lang. Institute, state trade assoc. Chinese Mandarin Legislative liaison Former holder of Top Secret, Community relations NSA clearances

Active Duty, U.S. Navy, 1960 1967 Billets Held: Signals Officer, USS Wasp (CVS-18); Officer of the Deck Underway qualified, Operations Officer, Navigator, USS Vogelgesang (DD-862); Staff Operations/Communications Officer, Destroyer Squadron 32; Student, Chinese Mandarin, Defense Language Institute; Senior Analyst, National Security Agency. Theaters of Operations: Western Atlantic; Mercury Capsule Recovery ship; Nicaragua Crisis; intercepting destroyer during Cuban Missile Crisis; Sixth Fleet, Mediterranean; Refresher Training, Guantanamo Bay, Cuba; Caribbean, South America

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operations; North Atlantic, Baltic Sea operations; interface with CIA on Asian intelligence matters.

Reserve Duty, U. S. Navy, 1967 1986 Billets Held: Commanding Officer, Naval Surface Warfare Division; Executive Officer, Naval Surface Warfare Division; Chief Staff Officer, Naval Support Division, Division Officer and Department Head, Naval Surface Warfare Divisions. Served tours at Naval War College; Chief of Naval Information Office, the Pentagon; Naval Legal Office, Treasure Island; afloat tours on battleships, aircraft carrier, destroyers. Areas of Training: East Coast combatants, West Coast combatants, Washington, DC; San Francisco Bay; San Diego, Long Beach, Norfolk, Newport, RI. Training/Academic: Areas of Expertise: Environmental law and policy; legislative and regulatory practice; natural resources engineering and law; governmental operations; land use; environmental mediation. Teaching/Seminars: Frequent speaker/panelist on environmental topics before national, regional, state and local organizations, including American Bar Association, the Society for Professionals in Dispute Resolution, State Bar associations, industry and professional trade associations, community organizations.
Papers: Author of technical and legal articles, including seminal law review article on California airport noise, quoted in subsequent court decisions and in the compendium of California Law compiled by B. J. Witkin. Training: Contracted by U.S. EPA to provide training on environmental mediation teehniques; lectured class at San Jose State on land use issues, under direction of Prof. Burt Muhly, former mayor of the City of Santa Cruz; lecturer on preparation for LSAT to prospective law school applicants; extensive presentation of in-house training on environmental, health and safety issues to senior management in major international corporations.

Industry: Ashland Chemical Co., Dublin, OH, 1980 - 1994 Responsibilities: Served as Senior Counsel advising senior management on a wide range of domestic and international environmental issues. Areas of practice included air, water, hazardous substances, site remediations, health and safety, training, legislative and governmental affairs, and litigation. Impacts: Negotiated numerous settlements in enforcement and regulatory matters that saved the company several million dollars. Provided on-site timely and responsive legal services on a wide range of issues.

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ExxonMobil, Benicia, CA, 1998 - 2000 Responsibilities: Member of Management Committee and legal counsel for major West Coast refinery. Areas of practice included energy, environmental, commercial, anti-trust, litigation, legislative and governmental affairs, and media relations. Impacts: Obviated need for more expensive outside counsel in numerous enforcement and settlement discussions. In administrative hearings alone, was successful in rejecting regulatory demands on the refinery that would have exceeded $6 million. Valero Energy Corp., Benicia, Wilmington and Sacramento, CA, 2000 - 2003 Responsibilities: Served as California counsel for companys two major refineries, two asphalt plants and 450 retail gasoline outlets. Areas of practice included energy, environmental, commercial, legislative and governmental affairs, training and litigation. Impacts: Similar to value brought to ExxonMobil. Reached settlement on several long-standing real estate, land use and zoning issues relating to several retail outlets in a very short time, allowing necessary improvements to go forward. Provided legal support for construction of major cogeneration facility. Also, successfully handled several administrative hearings that, if lost, would have shut one refinery down (estimated cost of over $15 million), and required major retrofitting of another refinery (estimated cost of over $3 million). Government: California Department of Water Resources, Sacramento, CA, 1967 -1971 Responsibilities: Served as both Water Resources Engineer and Attorney for agency responsible for development of water supplies in the state. Involved in complex environmental studies evaluating impacts of the State Water Project on state streams and rivers. Also represented the state in lengthy hearings for Project permits, that were opposed by local governments, agricultural interest, industries and citizen environmental groups. Impacts: As an engineer, developed data to project stream dissolved oxygen values based on flow, water chemistry and other biological factors. As an attorney, provided significant assistance in presenting States case for permits for the all-important Water Project. The Association of Monterey Bay Area Governments, Monterey, CA, 1971 - 1976 Responsibilities: Served as Executive Director of a three-county, nineteencity regional planning agency/council of governments in the environmentally sensitive and world-famous Monterey Bay area. Managed staff of 13 who worked with consultants to prepare, under my supervision, transportation, land use, water quality, water supply, and regional sanitation plans. Impacts: Provided steady leadership to an agency that was mandated to undertake unpopular planning efforts. Able to develop strong working relationships with

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locally and statewide elected officials. Results of plans led to formation of a regional sanitation district and the implementation of a county-wide public transit system. Represented regional interests with respect to legislative and regulatory initiatives in Sacramento.

Law Firms: Johnson & Moncrief, PLC, Salinas, CA 2006 2007 Responsibilities: Retained as senior associate to provide expertise and assistance in the areas of environmental, agricultural, commercial, land use and civil litigation. Impact: Provided extensive experience in representation of major agricultural client base. Irell & Manella, Newport Beach, CA, 1995 - 1996 Responsibilities: Retained to provide expertise in the mediation of several multi-party Superfund sites in California and Nevada. Also was part of legal team representing the State of California in a major DDT toxic tort litigation in Southern California. Impacts: Provided expertise based upon extensive experience with Superfund, RCRA and the cleanup of hazardous waste sites. Dewey Ballantine, New York, NY, 1997 Responsibilities: Retained to mediate a multi-party Superfund site in Connecticut. Impact: The long-standing dispute was settled in one day. Jones, Day, Reavis & Pogue, Cleveland, OH, 1997 Responsibilities: Retained to manage a large scale document review matter relating to toxic tort litigation. Impact: Successfully managed 12 attorneys, completing project on schedule and under cost. Consulting Organizations: The Battelle Memorial Institute, Columbus, OH, 1976 - 1978 Responsibilities: Hired to serve as a senior manager of 33 professional contract researchers, conducting studies for government and industry in the areas of energy, environmental, land use, transportation, housing, economics, and health care. Impacts: Successfully met all economic and project goals for each year that I held the position. Major projects completed for DOE, DOD, HUD, USEPA, USDOT, UMTA, Ohio DOT, and the City of Columbus.

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R.W.Beck & Associates, Seattle, WA, 1979 1980 Responsibilities: Served as Manager of Environmental Studies for a six office environmental engineering consulting firm; managed ten professional engineers/scientists. Advisor, Ohio EPA, 1979 Responsibilities: Provided legal advice and counsel regarding development of water equality segments relating to surface streams in the State. Impacts: Developed report utilized by OEPA, and served as spokesperson for the Agency in several public hearings held around the State. EDUCATION Purdue University, B.S., Civil Engineering University of the Pacific, J.D., Law Representative Publications and Presentations The Jet-Set and the Law: A Summary of Noise Law as it Applies to Airport and Aircraft Operations in California, Pacific Law Journal, 1970 Conflicts in Attaining National Goals for Both Water Quality and Energy Production, with S. Brown, D. Hessel, L. Ortolano, Water Resources Bulletin, Vol. 15, No. 5 Administrative Records and Judicial Review:, speech before American Bar Association/American Law Institute Alternative Dispute Resolution in the Superfund Setting, presentation to the American Law Firm Association How to Manage Outside Counsel in Environmental Disputes, speech to the Society for Professionals in Dispute Resolution Internal Corporate Responses to Potential Environmental Criminal Liability, presentation to Virginia Bar Association, Advanced Business Seminar

PROFESSIONAL ASSOCIATIONS
Licensed to practice in California; member, California Bar Active, Environmental Law Section, California Bar; Columbus Bar Association Former member, American Bar Association, American Law Firm Association, International City Managers Association Formerly active in: Ohio Chemical Council; Ohio Manufacturers Association; California Chemical Council; California Manufacturers Association; Western States Petroleum Association, American Petroleum Institute

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COMMUNITY ACTIVITIES
Member, Knights of Columbus, Serra Club International: active, United Way Supporter, American Cancer Society Supporter, Burn Unit, Ohio State University Medical Center Former member, Rotary Club, Monterey Peninsula, CA Active in providing part-time jobs and financial assistance to selected OSU students Active in music ministry, St. Christopher Church, Grandview Heights, OH Active in numerous ministries, Carmel Mission Basilica, Carmel, CA

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Correspondence

DRAFT Chairman Peevy and Members of the Commission The California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Re: Support for DRA Application for Rehearing A1009108 Cal-Am Demolition of San Clemente Dam and Rerouting of Carmel River Dear Commissioners: As members of the Board of the Monterey Peninsula Water Management Authority, an agency composed of six municipalities on the Monterey Peninsula, we strongly support the application filed by the DRA for a rehearing of the Commissions decision of May 24, 2012 in the abovereferenced matter. There are significant factual issues that clearly support the need for a rehearing in this matter. They include the following: The initial decision, issued by the ALJ who presided over the hearings, and the alternative decision presented vastly different conclusions of both law and fact, resulting in significantly different financial impacts on Peninsula ratepayers; As an example of an unfair impact on ratepayers of those differences, the initial decision found that the
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dam was not used and useful, a requirement for awarding a rate of return for shareholders, in that it had not been a source of water supply for over nine years; by contrast, the alternate decision found the just the opposite. Subsequent adoption by the Commission of the alternate decision allowed Cal-Am to receive a 8.04% rate of return for its shareholders, resulting in an additional $77MM financial burden on Peninsula ratepayers; The initial decision was issued in December 2011 and was the sole proposed decision on the matter until April 2012, when the alternate decision was issued. Only 30 days were allowed for party and public input; Given the significance of the increased financial burden on Peninsula ratepayers over the original decision, as contained in the alternate decision, allowing only 30 days for public comment and input is unfair on its face. Given the stark contrasts that were presented by the two proposed decisions and their extremely significant differences in impacts on Peninsula ratepayers, there should have been a fair and adequate time for review, comment and input. Thirty days did not afford that opportunity. Accordingly, a vote to grant the application of the DRA to reopen the matter through a rehearing will give all parties to the matter, as well as the ratepayers of the Peninsula who are the ones who have the most at stake, to be heard. Given that very important factor, we reiterate our strong support for the DRA application for a rehearing.
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Thank you for the opportunity to provide our position. Sincerely, Chuck Della Sala, President The Monterey Peninsula Water Management Authority

cc:

Service List

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