The document is an agenda for a meeting of the Monterey Peninsula Regional Water Authority (MPRWA). Key items on the agenda include:
- Receiving a presentation from the City of Salinas on bringing additional wastewater to the Monterey Regional Pollution Control Agency for groundwater replenishment.
- Electing officers for the upcoming fiscal year.
- Approving a revised authority position statement and providing direction on outreach opportunities.
- Considering a legal conflict waiver to allow MPRWA's legal counsel to represent the City of Carmel-by-the-Sea in acquiring water rights from the Odello Ranch.
- Adopting the fiscal year 2013-
Original Description:
Monterey Peninsula Regional Water Auhtority, California Public Utilities Commission
The document is an agenda for a meeting of the Monterey Peninsula Regional Water Authority (MPRWA). Key items on the agenda include:
- Receiving a presentation from the City of Salinas on bringing additional wastewater to the Monterey Regional Pollution Control Agency for groundwater replenishment.
- Electing officers for the upcoming fiscal year.
- Approving a revised authority position statement and providing direction on outreach opportunities.
- Considering a legal conflict waiver to allow MPRWA's legal counsel to represent the City of Carmel-by-the-Sea in acquiring water rights from the Odello Ranch.
- Adopting the fiscal year 2013-
The document is an agenda for a meeting of the Monterey Peninsula Regional Water Authority (MPRWA). Key items on the agenda include:
- Receiving a presentation from the City of Salinas on bringing additional wastewater to the Monterey Regional Pollution Control Agency for groundwater replenishment.
- Electing officers for the upcoming fiscal year.
- Approving a revised authority position statement and providing direction on outreach opportunities.
- Considering a legal conflict waiver to allow MPRWA's legal counsel to represent the City of Carmel-by-the-Sea in acquiring water rights from the Odello Ranch.
- Adopting the fiscal year 2013-
Monterey Peninsula Regional Water Authority (MPRWA)
Regular Meeting
7:00 PM, Thursday, July 11, 2013 City Council Chamber 580 Pacific Street Monterey, California
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Authority may do so by addressing the Authority during Public Comments or by addressing a letter of explanation to: MPRWA, Attn: Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details.
APPROVAL OF MINUTES
1. June 13, 2013
AGENDA ITEMS
2. Receive Presentation, Discuss and Provide Direction to Staff Regarding the City of Salinas' Efforts to Bring Additional Waste Water to the Monterey Regional Pollution Control Agency for Use in the Ground Water Replenishment Project
3. Election of Officers for Fiscal Year 2013-14
4. Receive, Discuss, and Approve Revised Authority Position Statement and Provide Directions to Staff on Outreach Opportunities for the Position Statement
5. Review, Discuss and Consider Execution of Legal Conflict Waiver Letter to Allow MPRWAs Water Counsel, Brownstein Hyatt Farber Shcreck, LLP, to Represent the City of Carmel-by-the-Sea with Respect to the Citys Efforts to Acquire Table 13 Water Rights (As Described in SWRCB D. 1632 and Related Subsequent SWRCB Orders) from the Odello Ranch
6. Adopt Resolution Memorializing the Approved Fiscal Year 2013-14 Operating Budget
ADJOURN TO CLOSED SESSION
Thursday, July 11, 2013 2
7. Conference with Legal Counsel Existing Litigation, Gov. Code, section 54956.9 California Public Utilities Commission, In the Matter of Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, A.12.04.019, Filed April 23, 2012
ADJOURNMENT
The Monterey Peninsula Regional Water Authority is committed to include the disabled in all of its services, programs and activities. For disabled access, dial 711 to use the California Relay Service (CRS) to speak to staff at the Monterey City Clerks Office, the Principal Office of the Authority. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to staff at the Monterey City Clerks Office at (831) 646-3935 to coordinate use of a device or for information on an agenda.
Agenda related writings or documents provided to the MPRWA are available for public inspection during the meeting or may be requested from the Monterey City Clerks Office at 580 Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California Government Code Section 54954.2(a) or Section 54956.
Monterey Peninsula Regional Water Authority Agenda Report
Date: July 11, 2013 Item No: 2.
06/12 FROM: Authority Clerk
SUBJECT: Receive Presentation, Discuss and Provide Direction to Staff Regarding the City of Salinas' Efforts to Bring Additional Waste Water to the Monterey Regional Pollution Control Agency for Use in the Ground Water Replenishment Project
RECCOMENDATION: There is no written report for this item. An oral report will take place at the meeting. MPRWA Meeting, 7/11/2013 , tem No. 2., tem Page 1, Packet Page 1
Monterey Peninsula Regional Water Authority Agenda Report
Date: July 11, 2013 Item No: 3.
06/12 FROM: Authority Clerk Milton
SUBJECT: Annual Election of Officers and Appointment to Advisory Committee
RECCOMENDATION: Staff recommends that the Authority Directors appoint the Chair, Vice-Chair, Secretary, Treasurer, and Technical Advisory Committee Chair for Fiscal Year 2013-2014.
DISCUSSION
Article 3 of the adopted Bylaws indicate at the first meeting of the Board of each fiscal year, nominations for the Officers will be made and seconded by a DirectorThe initial term of the elected Officers shall run from the date of their election to office until June 30, 2013. Thereafter, each officer shall serve a term of one (1) year. An officer may succeed himself/herself and may serve any number of consecutive or non consecutive terms.
This is the first meeting of the 2013-14 Fiscal Year and below is a list of the positions currently held by the Authority Directors and the associated appointment dates. The amended by-laws eliminated the requirement that the TAC Chair be a Director, however appointment of a Director is still allowed if so desired.
Authority Directors Current Position Appointment Date 1. Mayor Jason Burnett Vice President, TAC Chair December 2012 2. Mayor Chuck Della Sala President February 2012 3. Mayor Jerry Edelen Treasurer February 2012 4. Mayor Bill Kampe - - 5. Mayor David Pendergrass - - 6. Mayor Ralph Rubio Secretary December 2012
MPRWA Meeting, 7/11/2013 , tem No. 3., tem Page 1, Packet Page 3
Monterey Peninsula Regional Water Authority Agenda Report
Date: July 11, 2013 Item No: 4.
06/12 FROM: Authority Clerk
SUBJECT: Receive, Discuss, and Approve Revised Authority Position Statement and Provide Directions to Staff on Outreach Opportunities
RECCOMENDATION: Written materials for this item will be provided before or during the meeting.
ATTACHMENT: MPRWA Meeting, 7/11/2013 , tem No. 4., tem Page 1, Packet Page 5
Monterey Peninsula Regional Water Authority Agenda Report
Date: July 11, 2013 Item No: 5.
06/12 FROM: Authority Clerk
SUBJECT: Review, Discuss and Consider Execution of Legal Conflict Waiver Letter to Allow MPRWAs Water Counsel, Brownstein Hyatt Farber Shcreck, LLP, to Represent the City of Carmel-by-the-Sea with Respect to the Citys Efforts to Acquire Table 13 Water Rights (As Described in SWRCB D. 1632 and Related Subsequent SWRCB Orders) from the Odello Ranch
RECCOMENDATION: There is no written report for this item. An oral report will take place at the meeting.
ATTACHMENT: Disclosure of Relationship, and Waiver of Potential Conflict of Interest MPRWA Meeting, 7/11/2013 , tem No. 5., tem Page 1, Packet Page 7
Russell M. McGlothlin Attorney at Law 805.882.1418 tel 805.965.4333 fax RMcGlothlin@bhfs.com July 8, 2013 VIA EMAIL Daphne Hodgson Deputy City Manager of Administrative Services City of Seaside 440 Harcourt Avenue Seaside, CA 93955 dhodgson@ci.seaside.ca.us
James Cullem Executive Director Monterey Peninsula Regional Water Authority580 Pacific Street, Monterey Monterey, CA 93940 Cullem@monterey.org
Jason Stilwell City Administrator City of Carmel P.O. Box 805 Carmel, CA 93921 cityatty@ix.netcom.com
RE: Disclosure of Relationship, and Waiver of Potential Conflict of Interest Dear Ms. Hodgson, Mr. Cullem, and Mr. Stilwell: This letter confirms our recent discussions regarding Brownstein Hyatt Farber Schreck, LLP (Brownstein) proposed representation of the City of Carmel (Carmel) with respect to Carmels efforts to acquire Table 13 water rights (as described in SWRCB D. 1632 and related subsequent SWRCB orders). Carmel is considering contracting for Table 13 water rights, including those held by the Odello Ranch, and to obtain orders from the State Water Resources Control Board (SWRCB) and the California Public Utilities Commission (CPUC) to authorize a portion of the water rights to be used by California American Water Company (Cal-Am) to service new and expanded water use within Carmel (Proposed Representation). This will require agreement by the SWRCB and CPUC to allow an exception from the currently-applicable water service moratorium in effect pursuant to orders by the SWRCB and CPUC that are binding on Cal-Am. We presently represent the Monterey Peninsula Regional Water Authority (Authority) with respect to issues relating to Cal-Ams proposed Monterey Peninsula Water Supply Project (MPWSP) for which Cal-Am is presently seeking approvals from the CPUC and other agencies. We also generally represent the MPWSP concerning water supply by Cal-Am to the Monterey Peninsula, which may involve future proceedings before the SWRCB, CPUC, other regulatory agencies, or the California Courts. Brownstein also represents the City of Seaside (Seaside) with respect to matters concerning the Seaside Groundwater Basin (Seaside Basin) and Seasides use of groundwater from the Seaside Basin. Because of these ongoing representations, we must obtain conflict of interest waivers before MPRWA Meeting, 7/11/2013 , tem No. 5., tem Page 2, Packet Page 8 July 8, 2013 Page 2 013849\9000\10485387.2 Brownstein can proceed with the Proposed Representation of Carmel. Brownstein has also previously represented Cal-Am with respect to issues pertaining to the Carmel River, but no longer does so. The applicable California Rules of Professional Conduct (attached) require us to explain the extent of our client relationships, fully disclose any existing or potential conflicts of interest, and obtain your written consent to our proposed representation of Carmel with respect to the Proposed Representation. It is important that you understand the nature of these potential conflicts before signing the attached Consent and Waiver of Conflict of Interest. Pursuant to the Rules of Professional Conduct (attached), Brownstein discloses and requests that you waive any actual or potential conflict of interest that may arise from our representation of Carmel regarding the Proposed Representation. Although we do not perceive a present conflict nor a likelihood of a future conflict arising from the Proposed Representation, Seasides and the Authoritys interests respecting the matters for which we respectively represent them, and Carmels interest in the Proposed Representation may potentially conflict. Cal-Am uses water from the Carmel River and the Seaside Basin to supply the Monterey Peninsula. The pending application before the CPUC for approval of the MPWSP is intended, in part, to provide a replacement water supply to allow Cal-Am to reduce its unauthorized use of Carmel River water, consistent with the SWRCBs directive in SWRCB WR Order 2009-60. It is possible Carmels efforts to procure and permit use of the Odello Ranch Table 13 water rights could interfere with Cal-Ams efforts to obtain CPUC approval and other necessary permits for the MPWSP, or efforts to obtain SWRCBs modifications to SWRCB WR 2009-0060 relating to Cal-Ams use of water from the Carmel River. This could raise a conflict of interest with respect to Brownsteins representation of the Authority regarding the MPWSP or other water issues before the CPUC or SWRCB . For example, it is possible that should Carmel seek permission from the CPUC and SWRCB to relieve the presently-imposed moratorium on new and expanded water service occasioned by the acquisition of the Odello Ranch Table 13 water rights, such effort could conflict with the interest of the Authority as they relate to the CPUC or the SWRCB. While we dont presently perceive such a conflict of interest as likely to occur, such a conflict is a possibility. It is also possible that Carmels efforts to procure and permit the use of the Odello Ranch Table 13 water rights could conflict with the interests of Seaside as to the matters on which Brownstein represents Seaside. Although we do not presently perceive a likely conflict of interest and cannot predict with specificity the manner in which a conflict could arise, the interrelated nature of the Carmel River and the Seaside Basin, which are used by Cal-Am in an integrated manner to serve water demands on the Monterey Peninsula, could cause a conflict of interest to arise. Should an actual conflict occur between the Authority or Seaside and Carmel regarding the Proposed Representation, we will attempt to resolve the conflict in a manner that protects our ability to continue our concurrent representation of all our clients. However, that may not be possible or practical given the ethical rules presented below. Thus, we request that Seaside, the Authority and Carmel waive any potential conflict of interest with respect to our representation of Carmel regarding the Proposed Representation. Should a conflict or dispute arise that we cannot resolve informally regarding the Proposed Representation, we will terminate our representation of Carmel regarding the Proposed Representation and Carmel will need to obtain separate independent counsel regarding the conflict or dispute. We will not represent any client with respect to the dispute. In conclusion, we request that you sign, date and return to us a copy of this letter acknowledging that you have been advised of the Rule and of the potential conflicts associated with your respective interests, and that you nevertheless agree to the concurrent representation and the waiver of conflicts regarding other Brownstein clients. MPRWA Meeting, 7/11/2013 , tem No. 5., tem Page 3, Packet Page 9 July 8, 2013 Page 3 013849\9000\10485387.2 We encourage you to seek the advice of independent counsel in reviewing this consent. Should you have any questions concerning this letter or the consent, please discuss them with your own, independent counsel before signing and returning the enclosed copy of this letter. Best Regards,
Russell M. McGlothlin Brownstein Hyatt Farber Schreck, LLP
Enclosures: California Rules of Professional Conduct
MPRWA Meeting, 7/11/2013 , tem No. 5., tem Page 4, Packet Page 10 July 8, 2013 Page 4 013849\9000\10485387.2 CONSENT AND WAIVER
The undersigned acknowledge receipt of the above written disclosure pursuant to the California Rules of Professional Conduct and understand the matters discussed therein. Having all this information in mind, I consent and give approval to Brownsteins representation of Carmel as described in this letter, and waive any actual or potential conflict of interest arising from Brownsteins concurrent representation of Seaside, the Authority and Carmel as described in this letter. In the event that such an actual conflict of interest occurs, Brownstein will continue to represent Seaside and the Authority on matters unrelated to the Proposed Representation and Seaside, the Authority and Carmel will be represented by independent counsel regarding any dispute arising from the Proposed Representation.
I acknowledge that I have had an opportunity to review this matter with independent legal counsel. In the event that I have not discussed the matter with a legal counselor of my choice before executing this consent/waiver, I freely and voluntarily waive such counsel, although I understand that I have the right to seek such independent counsel regarding this matter at any time.
CITY OF SEASIDE By: _______________________________ Dated: _________________ Daphne Hodgson Deputy City Manager, City of Seaside
MONTEREY PENINSULA REGIONAL WATER AUTHORITY By: _______________________________ Dated: _________________ James Cullem Executive Director
CITY OF CARMEL By: _______________________________ Dated: _________________ Jason Stillwell City Administrator, City of Carmel
MPRWA Meeting, 7/11/2013 , tem No. 5., tem Page 5, Packet Page 11 July 8, 2013 Page 5 013849\9000\10485387.2 California Rules of Professional Conduct, Rule 3-310 (B) and (C)
"(B) A member shall not accept or continue representation of a client without providing written disclosure to the client where:
(1) The member has a legal, business, financial, professional, or personal relationship with a party or witness in the same matter; or
(2) The member knows or reasonably should know that: (a) the member previously had a legal, business, financial, professional, or personal relationship with a party or witness in the same matter; and
(b) the previous relationship would substantially affect the members representation; or
(3) The member has or had a legal, business, financial, professional, or personal relationship with another person or entity the member knows or reasonably should know would be affected substantially by resolution of the matter; or
(4) The member has or had a legal, business, financial, or professional interest in the subject matter of the representation.
(C) A member shall not, without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter.
MPRWA Meeting, 7/11/2013 , tem No. 5., tem Page 6, Packet Page 12 RESOLUTION NO. - C.S.
A RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY
APPROVE OPERATING BUDGET FOR FISCAL YEAR 2013-14
WHEREAS, the Authority has provided direction for needs and services to carry out its purpose and mission, and
WHEREAS, the anticipated cost of carrying out the direction of the Authority will require $423,680 in funding for fiscal year of 2013-14 as outlined in EXHIBIT 1, and
WHEREAS, the anticipated unspent funds from the previous fiscal year will be $82,417 and will be applied to the FY 2013-14 operating budget, and
WHEREAS, the Monterey Peninsula Regional Water Authority (The Authority) approved the operating budget for Fiscal Year 2013-14 on April 25, 2013, and
WHEREAS the Authority member cities have been allocated percentages based on water usage and agreed upon within the Joint Powers Agreement,
NOW, THEREFORE, BE IT RESOLVED that the Authority adopt this resolution memorializing the operating budget for FY 2013-14 adopted on April 25, 2013.
BE IT ALSO RESOLVED that the Authority request all Member Cities to forward this to their respective councils for approval of contributions for the operation of the Authority so that a suitable solution for water can be found.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY this th day of , 2013, by the following vote:
MPRWA Meeting, 7/11/2013 , tem No. 6., tem Page 1, Packet Page 13 Exhibit 1
Based on the Authoritys Joint Powers Agreement, Table 1 is the approved Member City expense allocation based on water usage.
Table 1: Member City Expense Allocation Based On Water Usage
Member City Weight Carmel By the Sea 9.30% Sand City 1.30% City of Pacific Grove 18.80% City of Seaside 22.00% City of Monterey 46.50% City of Del Rey Oaks 2.10%
Table 2: Proposed Budget 2013-2014 Fiscal Year
Adopted Budget 12-13 Propose d Budget 13-14 Carry Over From 12-13 Funds Requested
MPRWA Meeting, 7/11/2013 , tem No. 6., tem Page 2, Packet Page 14 Exhibit 1
Table 3: Proposed Public Outreach Budget Expanded
Website Update/Redevelopment $15,000 Ease of use Attractiveness Search engine by keyword Speakers' Bureau Support $20,000 Research Develop Brochure Key Points Cost/Benefit Analysis Ratepayer Impacts Significant Issues and Concerns Televising Meetings $14,000 TOTAL $49,000
MPRWA Meeting, 7/11/2013 , tem No. 6., tem Page 3, Packet Page 15
Monterey Peninsula Regional Water Authority Agenda Report
Date: July 11, 2013 Item No: 7.
06/12 FROM: Authority Clerk
SUBJECT: Conference with Legal Counsel Existing Litigation, Gov. Code, section 54956.9 California Public Utilities Commission, In the Matter of Application of California- American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, A.12.04.019, Filed April 23, 2012
RECCOMENDATION: There is no written report for this item.
MPRWA Meeting, 7/11/2013 , tem No. 7., tem Page 1, Packet Page 17