mprwa agenda packet 08-09-2012

7/31/2019 Mprwa Agenda Packet 08-09-2012

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AGENDA

REGULAR MEETING

OF THE MONTEREY PENINSULA

REGIONAL WATER AUTHORITY6:00 p.m. Thursday, August 9, 2012

Seaside Council Chambers

440 Harcourt Avenue, Seaside, CA 93955

1. Call to Order2. Roll call3. Pledge of Allegiance4. Reports from Members of the Authority Board and Staff5. Receive Report from TAC and Provide Direction as Needed

A. Other TAC matters6. Public Comment for Items not on the Agenda7. Approval of Minutes - None8. Business Items

A. Reports by Cities on Contributions to MPRWA BudgetReport: 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/ActionReport: John Dunn, Interim City Manager, Seaside

C. Preparation for Next Steps in CPUC Process Discussion/ActionReport: Don Freeman, others

D. Award of Contract for Evaluation of Three Desalinization ProjectsE. Consideration of Need for Further Policy Clarification (If Needed or Desired)

Discussion/Action

9. Information ItemsA. Appointment by Chair of Ad Hoc Committee

10.Suggested Items for Next or Future Agenda11.Determine Time and Place of Next Meeting12.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 facili ty.

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 Cler

[email protected], 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 u

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.
mailto:[email protected]:[email protected]


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Item No. 8B

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M E M O R A N D U M

To: Monterey Peninsula Regional Water Authority Board of Directors

From: Monterey City ManagerPrepared by: Monterey Information Resources Director/City Clerk

Date: August 9, 2012

Subject: 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. Specialmeetings 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

Item No. 8B(

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City Clerk at an approximate cost of $35,000/year. We would provide the following

services:

1. Produce and distribute Agendas and Packets for Board & TAC meetings

2. Attend & take minutes at Board & TAC meetings

3. Transcribe, format, & finalize meeting minutes4. Provide audio recordings of meetings

5. Complete administrative paperwork to follow up on Board actions

6. Records management services

7. FPPC filing administration

8. 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.

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August6,2012Memorandumfor: MayorDellaSala,MayorBachofner,MayorGarcia,MayorEdelen,MayorPendergrassandMayorBurnettFromSueMcCloud

Subject: SupporttotheJPABoardandTACThesupportrequiredfortheJPABoardandTACwillmorphastheprojectproceedsthroughavarietyofstagesandwillnodoubtneedtobeadjustedaccordingly.Initiallyandthroughtheapprovalforaproject,focuswillbeonestablishingproceduresandensuringtransparencyeachstepoftheway:

1. Meetings:Willmeetingresponsibilityneedtocontinuetorotateamongthecities? No. Thiswillbecarriedoutbythesupportsection. Willthephysicallocationofmeetingscontinuetorotate? Thiswasdoneinparttotakethemeetingsintovariouscitiestoincreaseopportunitiesforthecommunitytoparticipateandbecomeinformed. ThisisaBoarddecision. Arepresentativeofthesupportgroup,shouldbeinattendanceatallBoardandTACmeetings.

2. Website: Needstobereliedonforagendasandagendapacketsataminimumandamplifiedbypostingtotheweballkeydocumentsandminutes. Oneofthefirstthingsthatneedstobedoneistoensurethatasofrightnowwehaveacompletesetofminutes,agendasandpackets.

3. Mailing/distributionlists: ThesearenotyetcompleteinthatforinstancesomepeoplereceivednoticeofthecancellationoftheAug6thTACmeetingandsomedidnot.

4. Pressreleases: Youmaywanttoconsiderapressreleasearoundakeyevent:e.g.thejustconcludedCPUCmeetingorevenpublishamonthlyoneonthewebsitethatincorporatesmonthlyhighlightsoftheBoardandTAC.

5. Specialmeetings;e.g.CPUC,SWRCBetal. ThesupportgroupshouldstayontopofdeadlinesforJPAsubmissions,advisetheBoard,TACandthepublicofallrelevantpublicmeetingsrelatingtowater.

6. TVcoverage: ForkeyeventsandmeetingsthereshouldbeaprocessamdbudgetapprovaltoimplementTVcoverageiftheBoarddecidestheywouldlikesuchcoverageperiodically.

7. Finances: ThereportingiscurrentlyhandledbytheTreasurer.8. Outreach: Youmaywishtolaunchanoutreachprogramwherebyontheonehandsomeofyoumaywish

tospeaktoselectaudiencesonselectedtopicsordevelopments. NooneshouldtelltheMayorsstory,youneedtobeseenandheardonthissubject. Acorollaryeffortmightbeifyouwishtogetknowncommunityleadersthroughoutthewaterdistricttowriteletterstotheeditors.

9. Otherdutiesasassigned.Theaboveisastart(afteracquiringhelp).IknowoftworetiredCityclerksandanofficemanagerwhomightbeapproachedbutIsuspecttheywouldwanttobepaid. IfsoIwouldsuggestwepayonanhourlybasisatleastatthebeginning.Cc: CityManagers: Meurer,Dunn,Frutchy,Dawson,MatarazzoandStilwell

Correspondence

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Correspondence

RESUME OF EXPERI ENCE AND EDUCATI ON

William S. Hood, Jr. Phone/Fax: 614-488-6732

2405 Onandaga Drive Cell: 614-288-9985

Columbus, OH 43221 Email: [email protected]

SIGNIFICANT AND RELEVANT SKILLS

I have held responsible positions as a senior manager, attorney, engineer, consultant, andmilitary officer, in industry, government, consulting organizations and the U.S. Navy.

My extensive environmental, commercial and regulatory/legislative law experience isrelevant to the legal requirements of utility, chemical, petroleum, and agricultureindustries; government agencies; other private enterprises

Fiscal management Environmental Project management,Project management Commercial law Business development:Personnel management Litigation Areas: Environmental/Energy sFacility operations Administrative law EconomicsMedia relations Mediation Land use planningGovernment liaison Govt. contracting TransportationMilitary units Real estate Major projects

Public speaking Published author International experienceRepresentation of clients Active in national, Graduate, Defense Lang. Institute,

before government state trade assoc. Chinese Mandarinagencies at all levels Legislative liaison Former holder of Top Secret,

Retired USN Commander Community relations NSA clearances

EXPERI ENCE

M i l i t a r y :

Active Duty, U.S. Navy, 1960 1967Billets Held: Signals Officer, USS Wasp (CVS-18); Officer of the Deck

Underway qualified, Operations Officer, Navigator, USS Vogelgesang (DD-862); StaffOperations/Communications Officer, Destroyer Squadron 32; Student, ChineseMandarin, 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 Asianintelligence matters.

Reserve Duty, U. S. Navy, 1967 1986Billets Held: Commanding Officer, Naval Surface Warfare Division; ExecutiveOfficer, Naval Surface Warfare Division; Chief Staff Officer, Naval Support Division,Division Officer and Department Head, Naval Surface Warfare Divisions. Served toursat Naval War College; Chief of Naval Information Office, the Pentagon; Naval LegalOffice, 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 regulatorypractice; natural resources engineering and law; governmental operations; land use;environmental mediation.

Teaching/Seminars: Frequent speaker/panelist on environmental topics beforenational, regional, state and local organizations, including American Bar Association, the Societyfor Professionals in Dispute Resolution, State Bar associations, industry and professional tradeassociations, community organizations.

Papers: Author of technical and legal articles, including seminal law review article onCalifornia airport noise, quoted in subsequent court decisions and in the compendium ofCalifornia Law compiled by B. J. Witkin.

Training: Contracted by U.S. EPA to provide training on environmental mediationteehniques; lectured class at San Jose State on land use issues, under direction of Prof. BurtMuhly, former mayor of the City of Santa Cruz; lecturer on preparation for LSAT to prospectivelaw school applicants; extensive presentation of in-house training on environmental, health andsafety issues to senior management in major international corporations.

Ashland Chemical Co., Dublin, OH, 1980 - 1994

Responsibilities: Served as Senior Counsel advising senior management on awide range of domestic and international environmental issues. Areas of practiceincluded air, water, hazardous substances, site remediations, health and safety, training,legislative and governmental affairs, and litigation.

Impacts: Negotiated numerous settlements in enforcement and regulatorymatters that saved the company several million dollars. Provided on-site timely andresponsive legal services on a wide range of issues.


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ExxonMobil, Benicia, CA, 1998 - 2000Responsibilities: 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 mediarelations.

Impacts: Obviated need for more expensive outside counsel in numerousenforcement and settlement discussions. In administrative hearings alone, wassuccessful in rejecting regulatory demands on the refinery that would have exceeded $6million.

Valero Energy Corp., Benicia, Wilmington and Sacramento, CA, 2000 - 2003

Responsibilities: Served as California counsel for companys two majorrefineries, two asphalt plants and 450 retail gasoline outlets. Areas of practice includedenergy, environmental, commercial, legislative and governmental affairs, training andlitigation.

Impacts: Similar to value brought to ExxonMobil. Reached settlement on

several long-standing real estate, land use and zoning issues relating to several retailoutlets in a very short time, allowing necessary improvements to go forward. Providedlegal support for construction of major cogeneration facility. Also, successfully handledseveral 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).

California Department of Water Resources, Sacramento, CA, 1967 -1971

Responsibilities: Served as both Water Resources Engineer and Attorney foragency responsible for development of water supplies in the state. Involved in complexenvironmental studies evaluating impacts of the State Water Project on state streams andrivers. Also represented the state in lengthy hearings for Project permits, that wereopposed by local governments, agricultural interest, industries and citizen environmentalgroups.

Impacts: As an engineer, developed data to project stream dissolved oxygenvalues based on flow, water chemistry and other biological factors. As an attorney,provided significant assistance in presenting States case for permits for the all-importantWater Project.

The Association of Monterey Bay Area Governments, Monterey, CA,

1971 - 1976

Responsibilities: Served as Executive Director of a three-county, nineteen-city regional planning agency/council of governments in the environmentally sensitiveand world-famous Monterey Bay area. Managed staff of 13 who worked withconsultants 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 toundertake 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 regionalsanitation district and the implementation of a county-wide public transit system.Represented regional interests with respect to legislative and regulatory initiatives inSacramento.

Johnson & Moncrief, PLC, Salinas, CA 2006 2007

Responsibilities: Retained as senior associate to provide expertise andassistance in the areas of environmental, agricultural, commercial, land use and civillitigation.

Impact: Provided extensive experience in representation of major agriculturalclient base.

Irell & Manella, Newport Beach, CA, 1995 - 1996Responsibilities: Retained to provide expertise in the mediation of severalmulti-party Superfund sites in California and Nevada. Also was part of legal teamrepresenting the State of California in a major DDT toxic tort litigation in SouthernCalifornia.

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 inConnecticut.

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 matterrelating to toxic tort litigation.

Impact: Successfully managed 12 attorneys, completing project on schedule andunder cost.

The Battelle Memorial Institute, Columbus, OH, 1976 - 1978

Responsibilities: Hired to serve as a senior manager of 33 professionalcontract researchers, conducting studies for government and industry in the areas ofenergy, environmental, land use, transportation, housing, economics, and health care.

Impacts: Successfully met all economic and project goals for each year that Iheld 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 1980Responsibilities: Served as Manager of Environmental Studies for a six

office environmental engineering consulting firm; managed ten professionalengineers/scientists.

Advisor, Ohio EPA, 1979Responsibilities: Provided legal advice and counsel regarding development ofwater equality segments relating to surface streams in the State.

Impacts: Developed report utilized by OEPA, and served as spokesperson forthe Agency in several public hearings held around the State.

EDUCATI ON

Purdue University, B.S., Civil Engineering

University of the Pacific, J.D., Law

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 BarAssociation/American Law Institute

Alternative Dispute Resolution in the Superfund Setting, presentation to theAmerican Law Firm Association

How to Manage Outside Counsel in Environmental Disputes, speech to the Societyfor Professionals in Dispute Resolution

Internal Corporate Responses to Potential Environmental Criminal Liability,

presentation to Virginia Bar Association, Advanced Business Seminar

Licensed to practice in California; member, California BarActive, Environmental Law Section, California Bar; Columbus Bar AssociationFormer member, American Bar Association, American Law Firm Association,

International City Managers AssociationFormerly 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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Member, Knights of Columbus, Serra Club International: active, United WaySupporter, American Cancer Society

Supporter, Burn Unit, Ohio State University Medical CenterFormer member, Rotary Club, Monterey Peninsula, CAActive in providing part-time jobs and financial assistance to selected OSU studentsActive in music ministry, St. Christopher Church, Grandview Heights, OHActive 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 Commission505 Van Ness AvenueSan Francisco, CA 94102

Re: Support for DRA Application for RehearingA1009108 Cal-Am Demolition of San ClementeDam and Rerouting of Carmel River

Dear Commissioners:

As members of the Board of the Monterey Peninsula WaterManagement Authority, an agency composed of sixmunicipalities on the Monterey Peninsula, we stronglysupport the application filed by the DRA for a rehearing ofthe Commissions decision of May 24, 2012 in the above-

referenced matter.

There are significant factual issues that clearly support theneed for a rehearing in this matter. They include thefollowing:

The initial decision, issued by the ALJ who presidedover the hearings, and the alternative decisionpresented vastly different conclusions of both law andfact, resulting in significantly different financialimpacts on Peninsula ratepayers;

As an example of an unfair impact on ratepayers ofthose differences, the initial decision found that the

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dam was not used and useful, a requirement forawarding a rate of return for shareholders, in that ithad not been a source of water supply for over nine

years; by contrast, the alternate decision found the justthe opposite. Subsequent adoption by the Commissionof the alternate decision allowed Cal-Am to receive a8.04% rate of return for its shareholders, resulting inan additional $77MM financial burden on Peninsularatepayers;

The initial decision was issued in December 2011 andwas 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 financialburden on Peninsula ratepayers over the originaldecision, as contained in the alternate decision,allowing only 30 days for public comment and input isunfair on its face.

Given the stark contrasts that were presented by the twoproposed decisions and their extremely significantdifferences in impacts on Peninsula ratepayers, there shouldhave been a fair and adequate time for review, commentand input. Thirty days did not afford that opportunity.

Accordingly, a vote to grant the application of the DRA toreopen the matter through a rehearing will give all partiesto the matter, as well as the ratepayers of the Peninsula whoare the ones who have the most at stake, to be heard.Given that very important factor, we reiterate our strongsupport for the DRA application for a rehearing.

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Thank you for the opportunity to provide our position.

Sincerely,

Chuck Della Sala, PresidentThe Monterey Peninsula Water Management Authority

cc: Service List

mprwa agenda packet 08-09-2012

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