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MPRWA Regular Meeting Agenda Packet 07-11-13

MPRWA Regular Meeting Agenda Packet 07-11-13

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Published by L. A. Paterson
Monterey Peninsula Regional Water Auhtority, California Public Utilities Commission
Monterey Peninsula Regional Water Auhtority, California Public Utilities Commission

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Agenda

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
MPRWA’s Water Counsel, Brownstein Hyatt Farber Shcreck, LLP, to Represent the City of
Carmel-by-the-Sea with Respect to the City’s 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 Clerk’s 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 Clerk’s 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 Clerk’s 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 , Ìtem No. 2., Ìtem 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 Director…The 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 , Ìtem No. 3., Ìtem 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 , Ìtem No. 4., Ìtem 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
MPRWA’s Water Counsel, Brownstein Hyatt Farber Shcreck, LLP, to Represent
the City of Carmel-by-the-Sea with Respect to the City’s 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 , Ìtem No. 5., Ìtem 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 Carmel’s 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-Am’s 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 Seaside’s 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 , Ìtem No. 5., Ìtem 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, Seaside’s and the Authority’s interests respecting the matters for which we
respectively represent them, and Carmel’s 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 SWRCB’s directive in SWRCB WR Order 2009-60.
It is possible Carmel’s efforts to procure and permit use of the Odello Ranch Table 13 water rights could
interfere with Cal-Am’s efforts to obtain CPUC approval and other necessary permits for the MPWSP,
or efforts to obtain SWRCB’s modifications to SWRCB WR 2009-0060 relating to Cal-Am’s use of water
from the Carmel River. This could raise a conflict of interest with respect to Brownstein’s 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 don’t presently perceive such a conflict of interest as
likely to occur, such a conflict is a possibility.
It is also possible that Carmel’s 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 , Ìtem No. 5., Ìtem 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 , Ìtem No. 5., Ìtem 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 Brownstein’s representation of Carmel as described in this letter,
and waive any actual or potential conflict of interest arising from Brownstein’s 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 , Ìtem No. 5., Ìtem 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 member’s
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 , Ìtem No. 5., Ìtem 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:


AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:


APPROVED:



ATTEST:


Chuck Della Sala, President



Authority Clerk

MPRWA Meeting, 7/11/2013 , Ìtem No. 6., Ìtem Page 1, Packet Page 13
Exhibit 1


Based on the Authority’s 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

Professional Services
Legal Counsel $20,000 $63,000 $4,500 $58,500
Attorney of Record $149,412 $100,000 $0 $100,000
Staff $35,000 $35,000 $0 $35,000
Financial Advisor Services $12,500 $0 $0 $0
Executive Director $131,868 $94,680 $63,548 $31,132
Studies $10,000 $10,000 $10,000 $0
Project Evaluation $86,650 $20,000 $1,545 $18,455
Contract Assistance $0 $15,000 $0 $15,000
Travel $0 $5,000 $0 $5,000
Public Outreach $0 $49,000 $0 $49,000
Insurance $4,000 $7,000 $86 $6,914
Audit $5,000 $5,000 $0 $5,000
Contingency $22,295 $20,000 $2,738 $17,262
Total Budget FY 13-14 $476,726 $423,680 $82,417 $341,263

MPRWA Meeting, 7/11/2013 , Ìtem No. 6., Ìtem 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 , Ìtem No. 6., Ìtem 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 , Ìtem No. 7., Ìtem Page 1, Packet Page 17

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