MPRWA Regular Meeting Packet 09-27-12

Agenda
Monterey Peninsula Regional Water Authority (MPRWA)

Regular Meeting

6:00 PM, Thursday, September 27, 2012
Few Memorial Hall, City Council Chamber
580 Pacific Street
Monterey, California

ROLL CALL

PLEDGE OF ALLEGIANCE

OTHER BUSINESS

1. Accept Monterey County as Participatory Member of the Monterey Peninsula Regional
Water Authority and Authorize Amendment to Bylaws - <Davi>

REPORTS FROM BOARD DIRECTORS AND STAFF

2. Receive Report from Technical Advisory Committee (TAC) - <Stoldt>

a. Summary of September 17, 2012 Technical Advisory Committee Meeting

b. Review of Consultant Schedule and Progress

PUBLIC COMMENTS

APPROVAL OF MINUTES

3. August 1, 2012

4. September 12, 2012 Special Meeting

AGENDA ITEMS

5. Direct the Selection of Legal Counsel and Authorize the President to Execute a
Professional Services Contract with the Selected Firm/Attorney <Davi>

6. Review the Necessity/Desirability of Executive Director <Meurer>

7. Discuss Agenda Items for Future Meetings - <Della Sala>

8. Information - <Della Sala>

***Adjourn to Closed Session (See additional agenda)***

ANNOUNCEMENTS FROM CLOSED SESSION

ADJOURNMENT

Thursday, September 27, 2012
2

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: September 27, 2012
Item No: 1.

06/12
FROM: Christine Davi, Monterey City Attorney

SUBJECT: Adopt a Resolution to Join Monterey County as a New Member of the Monterey
Peninsula Regional Water Authority; Determine the Cost for Monterey County to
Join; and Authorize the President to Execute a New Member Agreement with
Monterey County
RECOMMENDATION:
That the Monterey Peninsula Regional Water Authority (Water Authority) adopt a resolution to
join Monterey County as a new member of the Water Authority; determine the cost for Monterey
County to join, and authorize the President execute a New Member Agreement with Monterey
County.
POLICY IMPLICATIONS:
Section 5.2 of the Joint Exercise of Powers Agreement authorizes the Water Authority to add
public agency members such as Monterey County. Adding Monterey County as a member of
the Water Authority would provide representation for ratepayers living in the unincorporated
areas of Pebble Beach, Carmel, Carmel Valley, and Monterey.
FISCAL IMPLICATIONS:
If admitted as a new member to the Water Authority, Section 5.2 of the Joint Exercise of Powers
Agreement requires that Monterey County pay a pro rata share of all previously incurred costs
that the Board of Directors determines have resulted in benefits to the public agency, and are
appropriate for assessment on the public agency.

Costs previously incurred by the Water Authority from inception to June 30, 2012 total
$16,357.82. These costs were incurred primarily for legal fees for forming the Water Authority
($15,000) and for insurance ( $863.70) . Monterey Countys pro rata share of these costs would
be $5,561.66. The Water Authority has the discretion to modify or waive Monterey Countys pro
rata share if it determines that the previous costs incurred did not result in benefits to Monterey
County or are not appropriate for assessment on Monterey County.

The Fiscal Year 2012-2013 budget for the Water Authority is $245,000. The pro rata share of
this cost for Monterey County for this fiscal year would be $83,300 based on a 34%
consumption rate in the unincorporated areas of the County. Monterey County Board of
Supervisors has approved this contribution to the Water Authority.
ENVIRONMENTAL DETERMINATION:
The proposed action is not a project as defined by the California Environmental Quality Act
(CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition,
CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities
which have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. Because the proposed action
and this matter have no potential to cause any effect on the environment, or because it falls
within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378,
MPRWA Meeting, 9/27/2012 , tem No. 1., tem Page 1, Packet Page 1

this matter is not a project. Because the matter does not cause a direct or any reasonably
foreseeable indirect physical change on or in the environment, this matter is not a project.
ALTERNATIVES CONSIDERED:
The Water Authority could choose not join Monterey County as a new member.
DISCUSSION:
In a letter dated August 1, 2012, the Water Authority requested that Monterey County join as a
member to represent ratepayers who do not reside within the existing Water Authority member
cities limits. (Attachment 1). Approximately 34% of Cal Ams customers water usage on the
Monterey Peninsula is in the County unincorporated area and not in the cities.

On September 11, 2012, Monterey County voted unanimously to become a member of the
Water Authority, authorized the Chair of the Board of supervisors to sign a New Member
agreement under Section 5.2 of the Joint Exercise of Powers Agreement, appointed Supervisor
Potter as the Countys representative on the Water Authority Board, and approved payment of
$83,300, its share of Water Authority budget for Fiscal Year 2012-1013. (Attachment 2).

In order to approve Monterey County to join as a new member of the Water Authority, a
supermajority vote of at least 70% of the votes held among all Directors is required (5 votes)
pursuant to Section 5.2 of the Joint Exercise of Powers Agreement.

It is recommended that the Water Authority adopt the attached resolution and add Monterey
County as a new member, determine the amount of the cost to join the Water Authority, if any,
and authorize the President to sign a New Member Agreement with the County. (Attachment 3).

Attachments: 1. Monterey Peninsula Regional Water Authority Letter dated 8/1/12
2. Monterey County Board Orders
3. Draft Resolution

c: Lew Bauman, County Administrator


MPRWA RESOLUTION NO. __- ___

Item No: 1.
A RESOLUTION OF THE MONTEREY PENINSULA
REGIONAL WATER AUTHORITY

08/12
TO JOIN MONTEREY COUNTY AS A NEW MEMBER OF THE MONTEREY PENDINSUAL
REGIONAL WATER AUTHORITY, DETERMINING THE COST FOR MONTEREY COUNTY
TO JOIN, AND AUTHORIZING THE PRESIDENT TO SIGN A NEW MEMBER AGREEMENT
WITH MONTEREY COUNTY

WHEREAS, Section 5.2 of the Joint Exercise of Powers Agreement authorizes the
Monterey Peninsula Regional Water Authority (Water Authority) to add public agency
members;

WHEREAS, the unincorporated areas of Pebble Beach, Carmel, Carmel Valley, and
Monterey are not represented on the Water Authority;

WHEREAS, on September 11, 2012, Monterey County authorized joining the Water
Authority, approved payment of $83,300 for its share of the Water Authoritys budget for Fiscal
Year 2012-2013, and appointed Supervisor Potter as its representative on the Board of
Directors;

WHEREAS, the Water Authority has determined that payment of $ .00 is Monterey
Countys pro rata share of previously incurred costs;

WHEREAS, the Water Authority has determined that the payment of pro rata costs is
appropriate for Monterey County to join as a member.

WHEREAS, the proposed action is not a project as defined by the California
Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20,
Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that
CEQA applies only to activities which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
Because the proposed action and this matter have no potential to cause any effect on the
environment, or because it falls within a category of activities excluded as projects pursuant to
CEQA Guidelines section 15378, this matter is not a project. Because the matter does not
cause a direct or any reasonably foreseeable indirect physical change on or in the environment,
this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE MONTEREY PENINSULA REGIONAL
WATER AUTHORITY that it hereby joins Monterey County as a member of the Water Authority;
determines the pro rata cost for Monterey County to join is $ .00, and authorizes the
President to sign a New Member Agreement with Monterey County.


2
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATER
AUTHORITY _____ day of _______, 201_, by the following vote:

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

ATTEST:

President

Recording Secretary

A T T A C H M E N T
M ON T E RE Y PE N IN SULA RE GION A L W A T E RA LIT H ORIT Y
58- 0PA C IFIC ST RE E T
moN T guY, cA 93940
7a;VI
A LEADETSHIP VOICE 70 uJ D DRESS . THE. PPE,:S'ING NEED OF EAT,CURING 71113 RE ' ,Ltelii,a. 0. 637,yilE;
ri
T O RA YIE A Si! SUSTAINABLE, REA. LiAB :LE, 14 :1. 4 TT :I? SUIT -
- r
A ugust 1, - 2012
'C hairman and M embers of the Board zPSOptyi.S.PE 'S:
Box : 723.:
Salinas, C A 93902.
'Dear, C hairman Pctter nd M embers of th_0,'BoaN or$npeN dsors:
I n early 20l2 the .'six C ities of the M Onterey- PeninstlaJhose in:theC al A. ,.; r.: area.- ereatet the Mon terey
.
.
PeninsulaaegionR1 Water A uthrriry (M :I'lz..:WA ). T he :A uthority: was c.leat:ed. as a v- ehiele: to represent the
resident ,..; .of: :our six C ities in our IOJT IC ::eft4it 1.6 tit.t. e a viable ftioVejrril . i ..ww,,e17 . ....upply for the M onterey
ppniiisura, our 3.PA .i&-r.s; forth . ou.r , 'purpose., With one the main goats 12 . 0i:ttg the proper
:r.esp:reSerRatio.r.t.:Ofthe : citizens we serve.
We have : made progress. in the T obri orsp.o.:04 11: A g an objetive prohssional cOnsultant . study of the three -
phip.:0ed.desa.! : inizatj.00projec.ts.,.which corA rn,t will be executed shortly.
.
One basic isst vhich rc.rnains 1 . 1 n r Q s e i M A is':::1134t .ap.o.Wx.i.iA at..01:y.:34.1% 0T eil : A lb- - customers' .water :usage , on
the M onterey: Peitiosula, is in ,:lic C ounty unincorporated crea and not in the C ities. It IS for thi s i ta501 1 , to
:properly represent .these - ditielts in thi:s. most critical undertaking, that wC 6:4.k you to join with. us in this
Fp.00perat'N Q endeavor : _ If you Were 16- fully : join with us, vow pers,p. eelve...woUld be very va l uable to:. us: as we
:.move forward.
- - -
While Llik c; ..:). major req uesl...:01.7:ithe. C .,; r hataver reason - chooses act to Join.
.at In lime, then please eoiisid r parucipaLior es a 04mer in the sponsorship zIlid costs oi the three
pr oject won study. T he A ulh olitts oentyazt With the seeoltd:!:0.:!t'Sti is schedaled for this Wednesd ay
evel:iing; A ugust 1.
At our July 23. ' 6 n420.01.- we. adapted a budget for the ; next fiscal Year,. Ogitifi.O.:tl.b.or policy d'ireetiOn and fay
00.0npiti've4; : for th (T UC workShops,
:
We .: 0,- ro most hopeful tha".- .yolk_Will.jdirr rts::: in lau.r.:::::,frottS :t6. effeetiyely .pUrsile and .obtain. a long- term waler
s upply for the M onterey Peninsula. T his :effort as yen filly appreciate, is critical to tile future of thov[oothcey

PenitiSiilkand to the economy of 'M or.to.i - eY:':Q000..t.Y.;
T hard< yo- i fir ybUT ebbsideratior: of th.:s iaOst important re ..eltmg
Sincerely
C harles
,

Della
M PR \VP. ,
C e: M r. Lew BO::01 - 1*kq 0E 4i:ity A dministratm
M ayors, C ounoil :M eriZerk : M anagers' of M liRWA A gemii
C huolt.Da.a sIda, Ptc; s'icleilt Jaw :1 Bum nail 1)4. c..,ctdr Jerry 4161:0A :i C arraelita:C iacii,), Secretary
FON Rad:101er ; Vice Presideni pE N i4x, :Peldogyas:.5, Direc0:)r
File ID 12-489 No. 16
i3N77...
C D
1 850 .
Monterey County
168 West Alisal Street,
1st Floor
Salinas, CA 93901
Board Order 831.755.5066
Upon motion of Supervisor Calcagno, seconded by Supervisor Salinas, and carried by those members
present, the Board of Supervisors hereby:
Responded to Board of Supervisors referral regarding the request of the Monterey Peninsula Mayors that
the County become a member of the Monterey Peninsula Regional Water Authority.
Joined the Authority as a full voting member, and took the following additional actions:
A. Authorized Chair to sign "new members" agreement under section code 5.2 of Joint Exercise of
Powers Agreement
B. Appointed Supervisor Potter, 5th District, as the County's representative on the Authority board
C. Directed County Counsel to return to the Board with any amendments to the Authority enabling
agreement deemed necessary or appropriate from the County's perspective
D. Approved the Budget Committee recommendation for use of General Fund contingency funds to
pay for first year costs to join the authority (see accompanying Board item)
E. Provided other direction regarding the Monterey Peninsula Regional Water Authority
PASSED AND ADOPTED on this 11th day of September 2012, by the following vote, to-wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby certify that
the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in the minutes thereof of
Minute Book 76 for the meeting on September 11, 2012.
Dated: September 12, 2012 Gail T. Borkowski, Clerk of the Board of Supervisors
File Number: 12-849 County of Monterey, State of California
Revised 09-13-12
..
By
a i
A 1, 4 a, k.
bbputy
File ID 12436 NO. 17
. "". 7(
--,. . -4-

Monterey County
168 West Alisal Street,
1st Floor
Salinas, CA 93901
Board Order 881.755.5066
'Upon motion of Supervisor Potter.seeonded by Supervisor Salinas,
and
parried by those members
present, the Board of Supervisors hereby:
Approved the transfer of General Fund Contingency funds; in the amount of $83,300, for Costs related to
FY '2012 -2013 payment of the pro-rata share of the cost to allow. the County to become an ex-officio or
full member of the Monterey Peninsula Regional Water Authority. (4/5th vote required)
PASSED _AND ADOPTED ori this 1 lth day of September 2012, by the following vote, to-wit:
,
AYES: Supervisors Armenta, CaleagnO, Salinas, Parker, and Potter
NOES: None
ABSENT: None
1, Gail T. Berkowski, Clerk, of the Board of Supervisors of the County of Monterey, State of California, hereby certify that
the -foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in the minutes thereof of
Minute Book 76 for the meeting on Septethber 11, 2012.
Dated: September 17, 2012 Gail T. Borkowski, Clerk of the Board of Supervisors
File-Number: 12-836 Cotmty , of Monterey, State of California
,-
By _ A.2 4 1 1 PitAli _ _ ,
i
"
Deputy

Item No: 3.

SPECIAL MEETING MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
Wednesday, August 1, 2012

1. CALL TO ORDER

The MPRWA special meeting of Wednesday, August 1, 2012 was called to
order at 7:00 p.m. by President Chuck Della Sala, at the Monterey City
Council Chambers.

2. ROLL CALL AND INTRODUCTIONS

Roll call was taken and a quorum established with the following members
in attendance:

PRESENT: President Chuck Della Sala, Monterey; Vice President Felix
Bachofner, Seaside; Directors Jason Burnett, Carmel; Jerry Edelen, Del Rey
Oaks; Carmelita Garcia, Pacific Grove; David Pendergrass, Sand City.

Others: Interim Executive Director, John Dunn; Interim Agency Attorney,
Don Freeman; TAC Representative, Dave Stoldt; Acting Agency Clerk,
Samantha Sakhrani.

3. PLEDGE OF ALLEGIANCE

Director Garcia led the attendees in the Pledge of Allegiance.

4. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA

President Della Sala opened the meeting to public comment.

George Brehmer - Requested the Authority be objective when
choosing a consultant.
George Riley - Spoke about an article regarding Cal Am and rate
payers.
Nelson Vega Asked the Authority to look into the Governors Water
Master Plan.
Libby Downey - Urged the Authority to get a commitment on the offer
the Water Management District made to assist with financial costs.
Harvey Billig Asked Authority to hire a financial advisor to aid in the
projects.
Unidentified member of the public Spoke about an article
referencing a workshop held in San Francisco, which stated CalAm
would consider City of Pacific Grove as a fourth project.

President Della Sala closed public comment.

5. APPROVAL OF MINUTES
MPRWA Special Meeting Minutes
August 1, 2012
Page 2 of 7

None.

6. BUSINESS ITEMS

A. Consider awarding contract between MPRWA and Base Water
Resources Consulting and Management LLC for consulting regarding
comparison of cost estimates for the proposed desalination project
alternatives and evaluation of schedule and alternative financing
options and authorize MPRWA Chair or designee to execute
agreement on behalf of MPRWA.

MPRWA TAC Committee Chair, Dave Stoldt, presented the contract and
stated the contract had minor changes put forth by Attorney Christine
Davi and Attorney Don Freeman. The estimated total costs of the firm to
be approximately $58, 750.

Directors asked clarifying questions regarding additional proposals from
other firms, the potential timeline implications and the overall quality of
the submitting company.

Mr. Stoldt answered questions and stated an additional three (3) firms had
expressed interest in the project; there is a major concern regarding
public perception of the principal of Base Water Resources Consulting
and Management as he had done business with the City of Oxnard where
there were allegations of misused public funds and failure to report gifts
from firms conducting business with the City.

Mr. Ortegas experience with other projects was discussed and for the
purpose of informing the public, a synopsis of an email by the Ventura
County Investigation Department was shared.

President Della Sala opened the floor for public comment.

Nelson Vega - Asked the Authority to seek another consulting firm and
to make contracts more specific as the submitted contract contained
flaws.

President Della Sala asked City Attorney Don Freeman to address Mr.
Vegas concern in regards to the Attorney clause in the contract.

Seaside City Attorney Freeman stated that the contract has been
reviewed by himself and Monterey City Attorney Davi and the Attorney
Provision is standard for some public agencies, the use is personal
preference; the lack of use in this agreement has to do with the nature of
August 1, 2012
Page 3 of 7

the consultant agreement and the consideration of litigation fees. What is
included in the agreement is standard and used in most jurisdictions as it
outlines the performance requirements, along with provisions to terminate
should the agreement lack fulfillment by the contracted party.

Unidentified member of the public - Asked the Authority to act with
prudence.

No further comments, public comment closed.

M/S/C (EDELEN/GARCIA) motion to not award the contract to BASE Water
Resource Consulting and direct Mr. Stoldt to solicit other appropriate
alternative consulting firms that the Board could evaluate in the future.
MOTION CARRIED (6-0-0-0)

Directors Garcia and Burnett spoke to the importance of guarding the
public trust and fully vetting future consultants.
August 1, 2012
Page 4 of 7

B. Update of California Public Utilities Commission workshop of July 26 and
July 27 and provide a policy direction for future meetings.

President Della Sala thanked Director Burnett and his alternate and City of
Seaside alternate, Steve Bloomer, for attending the workshop.

Director Burnett made available to the public the slide presentation
presented at the workshop and pointed out that the PUC regulates only
CalAm and does not and can not direct a public agency to take any
action; PUC made clear that unless public agencies come forward and
propose viable alternatives, the PUC will continue with current direction.
Director Burnett identified: if Authority wishes to make a public
announcement that public ownership is favored or partial ownership and
that the Authority favors public governance for important decisions, then
Authority needs to submit specific proposal/ plan to PUC as soon as
possible with critical deadline of September 18; or alternatively, Authority
needs to work with other agencies to encourage submission of a proposal
that the PUC can evaluate and if chooses to, direct Cal Am to work with
the public agency. Key point for Authority consideration is PUC can not
legally direct the Board or any other public entity to take any action; the
Authority needs to take that action.

City Attorney Freeman: Emphasized the September 18 deadline and
reminded the Authority the tasks set forth for the evening is to provide
policy direction achieving regard to the Authority and potentially public
ownership, governance, and financing.

Director Burnett: Advocates public ownership and public financing in the
interest of lower interest rates associated with debt and subsequent lower
costs to rate payers; asked Authority to appoint an Ad Hoc Committee to
work with Water Management District, to assist their efforts in submitting a
proposal for PUC submission before the deadline.

Director Pendergrass: Does not support public own and operate; asked
that public/private ownership and all options be explored.
Director Edelen: Thanked Director Burnett and stated a definitive
determination on whether to support public or private ownerships has not
been made; two (2) out of the three (3) desal projects are private;
supports whatever alternative can provide the most amount of water for
the least possible cost.


George Riley - Spoke in favor of Director Burnett and City Attorney
August 1, 2012
Page 5 of 7

Freemans analysis; asked the Authority to point out to CalAm if they
take risks and fail, they should not be awarded.
Nelson Vega Asked Authority to focus on growth issue of more water
at a higher cost for the higher usage consumers.
Tom Rowley - Shared that his monthly water charges have increased
dramatically in a short period of time.
George Schroeder - Asked the Board define the meaning of partial
ownership.
Harvey Billig - asked Authority to concentrate on developing a
community consensus to use as a guide when making decisions.
Unidentified member of the public Asked the Authority to consider
individuals and families of lower income when making decisions.

President Della Sala asked Monterey Peninsula Water Management
District General Manager, David Stoldt, to state his comments.

Mr. Stoldt shared:
-Regarding Finance: District stands ready to be public partner if a public
partner is needed if CalAm can not get state revolving fund loans
because they are a private entity; District has discussed doing tax exempt
financing with or without public ownership; District will be proposing a
finance plan and identifying affiliated issues, a draft will be made
available to view before submittal.
-Regarding Governance: District is interested in working with the Mayors
to find a workable governance structure.

An unidentified member of the public - Commented on the number of
tiers that are proposed into the projects and asked the Authority to
focus on the highest tier.


A details discussion ensued regarding potential partnerships and
structures.

President Della Sala asked for consensus to appoint an Ad Hoc
Committee to work with the Water Management District or any public
agency who would like to assist in reducing the costs of financing and
looking at partial public ownership.

President Della Sala stated the Ad Hoc Committee will be meeting with
Cal Am representatives and asked if there were any objections.

No objections.
August 1, 2012
Page 6 of 7

A details discussion ensued regarding finance, ownership and
governance; the appropriate timing of discussions; the transparency and
make-up of Ad Hoc Committee meetings; concerns around accuracy of
news articles; accuracy of information disseminated to the public, and;
possible areas to keep the public and press updated on the activities of
the Authority.

C. Appointment of subcommittee to meet with CalAm to discuss
governance and other issues.

President Della Sala asked that item 6 C be withdrawn.

M/S/C (DELLA SALA/EDELEN) motion to withdraw item 6 C from the
agenda. MOTION CARRIED (6-0-0-0)


Tom Rowley Spoke to personal observations and asked Authority to
not limit conversations with existing water agencies, but rather be
creative with options and partnerships.
Nelson Vega Thanked Director Garcia; asked Authority for efficiency
and transparency; asked that a Water Purchase Agreement be
discussed right away.
Libby Downey - Recommended Ad Hoc Committee be created, vet
processes and bring back to the Authority to make decisions;
reminded Authority they have no control over the media and
headlines.
Ralph Rubio Concerned that the general public does not attend
meetings and encouraged the Authority to find a way for better
community outreach.


President Della Sala established that Authority consensus was for him to
appoint an Ad Hoc Committee to meet with CalAm.

7. ADJOURNMENT
The meeting was adjourned at 9:00 p.m.

Respectfully submitted,

August 1, 2012
Page 7 of 7

_______________________________
Samantha Sakhrani
Acting Agency Clerk
ATTEST:

_____________________________
Chuck Della Sala
President


MI NUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
Special Meeting
6:00 PM, Wednesday, September 12, 2012
COUNCIL CHAMBER
FEW MEMORIAL HALL OF RECORDS

CALL TO ORDER

President Della Sala called the meeting to order at 6:00 p.m.

ROLL CALL

Directors
Present:
Della Sala, Bachofner, Burnett, Edelen, Garcia, Alternate Director Carbone
Absent: Director Pendergrass
Staff
Present:

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS

President Della Sala opened public comments on items not on the agenda. David
Armanasco spoke in representation of Deep Water Desal presenting an update on the reporting
progress and communication with the SPI Consultants. He indicated that on September 12,
2012 Deep Water Desal released a comprehensive preliminary study on the modeling of
potential impacts from the operations of a desalination facility open intake, which was prepared
by Tamara Environmental and will be moving forward with a validation study. Having no further
requests to speak from the public, President Della Sala closed public comment.

REPORTS FROM BOARD DIRECTORS AND STAFF

President Della Sala reported that the County of Monterey voted unanimously to become a
member of MPRWA and allocated $83,000 in funding to the MPRWA Joint Powers Authority,
noting that at the September 27, 2012 meeting the MPRWA Board will vote on this item.
Director Garcia reported that a letter was received from the Farm Bureau of Monterey
supporting the appointment and participation of the County of Monterey with the MPRWA.

1. Receive Report from Technical Advisory Committee (TAC) - Stoldt

a. Receive Preliminary Scoping and Constraints Evaluation Memorandum from SPI Consultants
(Discussion)
Action: Report Received and Discussed

TAC Chair Dave Stoldt presented the agenda report, recommending all projects remain in
consideration for cost comparison. Chair Stoldt indicated that Consultant Kris Helm will be at
the September 17th, 2012 TAC meeting to report on preliminary conclusions about CEQA and
permitting processes as well as conduct site visits to evaluate the projects sites. Chair Stoldt
noted that the extension of the CPUC schedule will result in a more comprehensive analysis.
Director Edelen requested that the consultant verify the information received from the various
projects for accuracy.
MPRWA Minutes Wednesday, September 12,
2012

Special Meeting Minutes - Wednesday, September 12, 2012
2
Director Garcia asked for an update on funding for SPI Consultants. On question, Director
Edelen stated that funding had not been exhausted.
Director Burnett asked if documents, such as the Consultants reports, were available for the
public and Chair Stoldt stated the website has been updated and documents like these and
others have been be made available on the website.

President Della Sala opened the floor for public comment on the item. Tom Rowley
representing the Monterey Peninsula Tax Payers Association expressed appreciation for the
credible, unbiased work the consultants are doing and expressed concerns over the ruling of
the Administrative Law Judge about the problems of California American Water (Cal Am)
project's contingency plan, and thanked MPRWA members for their leadership.
Nelson Vega requested that the consultants conduct their comparison of projects uniformly,
clearly expressing the differences between each project based on cost. Mr. Vega suggested
taking all successful parts of each project to create a new project. He also requested the Board
be less concerned about the deadline and more concerned about providing a project at a
reasonable cost to the public.
Chair Stoldt stated he will request that SPI Consultants provide a matrix of major components,
costs and a pro/con analysis of each project. Having no further requests to speak President
Della Sala closed public comments.

b. Consider Qualitative Risk Evaluation (Discussion)
Action: Report Received and Discussed

Chair Stoldt presented the agenda report prepared by TAC, which emphasized key categories
of risk edited by all members of the TAC and that the TAC satisfied the requests of all 5
agencies. President Della Sala opened the item for comments from the Board.
Director Garcia requested a description of ratings and results and Director Edelen questioned
why risk factors were assigned differently to each project. Chair Stoldt responded with a brief
description of key areas of concern. President Della Sala said these areas will be reviewed by
TAC after the consultants have completed the final reports.
President Della Sala opened the floor for public comment on this item. TAC Member
Riley commented that the purpose of this review by TAC was to establish a set of categories to
work from as an early warning system, identify possible areas of risk, and to ensure these
categories are addressed before the projects are too far along in the process.
Ralph Rubio asked if the two alternate projects under consideration clearly defined their desires
for a governance structure. TAC Chair Stoldt responded that the two other
projects have detailed their desires for a governance structure which would possibly entail a
multi-jurisdictional Joint Powers Authority.
Nelson Vega expressed concerns about the objectivity of the analysis, as well as expressed the
need to address a water purchase agreement. Chair Stoldt responded that a water purchase
agreement would be required.
2012

3
Tom Rowley spoke in support of the evaluation indicating TAC did a reasonable job with the
information available. He encouraged the MPRWA to focus on three issues; technical
feasibility, cost factors, and deliverability. Having no other requests to speak, President Della
Sala closed public comment.

Director Garcia expressed concern that the information is dated and questioned if the SPI
Consultants would be able update the risk assessment. Chair Stoldt noted that it was not part of
the original agreement, but that they could discuss the addition to the scope of work. The
MPRWA members indicated by general consensus to a disclaimer that this document was a
snap shot in time to provide information and was not an adopted report.
Director Edelen expressed appreciation to TAC for their report and requested SPI Consultants
to communicate with TAC to understand how they came to their conclusions, then continue with
an independent analysis. Director Bachofner supported Director Edelen's comments about
knowledge transfer.

2. Consider Public Governance, Finance and Ownership of California American Water (Cal Am)
Project (Discussion/Action/Direction)
Action: Report Received, Discussed and Direction Given

President Della Sala introduced the item and requested discussion, action and direction
indicating there was a deadline for a written proposal to be received by the CPUC by October 1,
2012
TAC Chair Stoldt presented the agenda report specifying the opportunity to present to the
CPUC a proposal addressing public governance of the Cal Am desalination project. A
coordinated meeting between MPRWA, MPWMD, the County of Monterey, and Cal Am
resulted in a draft framework for governance, acceptable to the Cal Am proposal but not to any
parallel project or other public project that may be presented.
Director Burnet clarified that this is an opportunity to present a proposal for public participation
for the Cal Am project only, and this project has not been endorsed by the MPRWA.
President Della Sala opened the floor for public comment on this item. TAC Member Riley
encouraged the proposal be written to the needs of the MPRWA and the public and not be
written for acceptance. Director Burnett agreed with Mr. Riley and suggested a re-ordering of
the criteria listed in the draft proposal. Ralph Rubio spoke in support of George Riley's
comments.
Doug Wilhelm expressed a desire to not reveal all strategic positions at the beginning to
put the MPRWA in a better negotiating stance.
Nelson Vega voiced concerns about public governance over a private company. George
Schroeder spoke to Mr. Vegas comments regarding representation of customers in the
ownership and operation of the facility. President Della Sala reiterated the discussion today is
due to the deadline for response to the CPUC and that the MPRWA has not endorsed one
specific desalination project.

Tom Rowley suggested requesting an extension from the CPUC Administrative Law Judge.
Having no more requests to speak, President Della Sala brought discussion back to the Board.

2012

4
Director Edelen expressed concern over the timeline imposed by the CPUC and wants to
ensure the MPRWA is giving proper weight to each project.
Chair Stoldt said there are three opportunities to be heard by the CPUC, however the testimony
phase (the October 1, 2012 deadline) is the most effective. Mr. Stoldt also stated that the
MPRWA has not supported the Cal Am project over any other project.
Director Burnett added that the MPRWA previously submitted correspondence to the CPUC.
They responded by requesting a more solid proposal and provide details of the desired
governance structure. Vice President Bachofner and Director Burnett discussed the level of risk
that each jurisdiction was willing to invest.

Director Edelen expressed concern of potential decisions that could raise the total cost of the
projects, and therefore subsequently the cost of water to the ratepayers, citing for example, the
requirement for Leadership of Environmental Energy and Design (LEED) certification for
buildings.

President Della Sala called a recess at 7:55 p.m. and reconvened the meeting at 8:05 p.m.
Director Bachofner suggested a reorganization of the draft proposal moving category B, items 1
and 6, having the most profound impact on the rate payers, be moved to category A. Also he
stated moving category C, item 1, to category B. Listing categories A, B, & C in descending
importance. The Board discussed the movement of items within the document.

Director Burnett stated for the record that the MPRWA is not going to take the strategic lead on
this item but will support that of the MPWMD. Director Edelen agreed, but specified that the City
of Del Rey Oaks will not pledge any financial funds at this time.

On a Motion by President Della Sala, seconded by Vice President Bachofner, and carried by
the following vote, the MPRWA moved to direct Attorney Russ McLaughlin to submit the letter
to the CPUC and Cal Am indicating that the MPRWA wishes to form a governance committee
consisting of three public entities, MPRWA, MPRWD and Monterey County Water Resources
Agency, which would be comprised of one elected member and one staff member from each
agency; and to move forward with categories A, B and C, and the list of items under each of the
respective categories with the exception of category B, item 1, which is the actual performance
and adoption of value engineering recommendations and category B, item 6, which is the
approval of major change orders over one million dollars; and that the MPRWA considers
moving those to items from category B to category A subject to legal consideration of those
items; and if after hearing the legal opinion, the ad hoc committee may decide to move the
items.
AYES: 6 DIRECTORS: Della Sala, Bachofner, Burnett, Edelen, Garcia,
Carbone (Sand City Alternate)
NOES: 0 DIRECTORS: None
ABSENT: 1 DIRECTORS: Pendergrass
ABSTAIN: 0 DIRECTORS: None
RECUSED: 0 DIRECTORS: None
2012

5
On a motion by Director Burnett, seconded by Vice President Bachofner and carried by the
following vote, the MPRWA Board approved that the MPRWA work with the Monterey
Peninsula Water Management District (the District) and assist in being a public partner in
financial issues, and request that the CPUC direct Cal Am to accept the financing decisions of
the District in terms of what will lead to the lowest cost financing. The decision would rest with
the District and that they would go through the District and Cal Am would go through the 6 steps
outlined in this memo. For example and not limiting to the item 3, change the I.e. to for
example, the Monterey Peninsula Water Management District.
AYES: 6 DIRECTORS: Della Sala, Bachofner, Burnett, Edelen, Garcia,
ABSTAIN: 0 DIRECTORS: None

APPROVAL OF MINUTES

3. August 23, 2012

Vice President Bachofner requested item number 8, section B, be modified by the following;
"Vice President Bachofner clarified Seaside was not urging the Authority to change its position
immediately, but wants all other cities on the Monterey Peninsula to understand the City of
Seaside advocates strongly for not just replacement of water in the future, but for growth water
as well." Mr. Bachofner also requested under Public Comments, Bill Lude be changed to Bill
Hood and requested the audio be reviewed to properly identify the public speaker listed as
"Helm".

Motion to Approve August 23, 2012 minutes as amended
AYES: 5 DIRECTORS: Della Sala, Bachofner, Edelen, Garcia,
ABSTAIN: 1 DIRECTORS: Burnett

PUBLIC COMMENTS

President Della Sala opened public comments on items not on the agenda. Interim Executive
Director Dunn presented a report that the Ad hoc committee gave direction on the selection of
Legal Services and Executive Director position, but did not place the item on the agenda for
approval because it was a special meeting and no action could be taken. Mr. Dunn requested
the item be placed on the September 27th, 2012 agenda, however interviews would need to
take place prior to that meeting and suggested the boards consider a special meeting to
interview candidates. After discussion, the board agreed to agendize the selection of Legal
Services by reviewing the top four recommended candidates from the ad hoc committee, in
open session, as well as agendizing a discussion of the necessity of appointing an Executive
Director. Director Edelen remarked Chair Stoldt is doing a fantastic job coordinating the TAC.
2012

6

ADJOURNMENT

Having no further business to come before the board President Della Sala adjourned the
meeting at 9:00 p.m.

ATTEST:

Lesley Milton, Authority Clerk President, MPRWA

Agenda Report

Item No: 5.

06/12
FROM: Christine Davi, Monterey City Attorney

SUBJECT: Consider the Selection of Legal Counsel and Authorize the President to Execute
a Professional Services Contract with the Selected Firm/Attorney
RECOMMENDATION:
That the Monterey Peninsula Regional Water Authority receive a report and select Legal
Counsel, and authorize the President to execute a professional services contract with the
selected firm/attorney.
POLICY IMPLICATIONS:
Section 4.7 of the Joint Exercise of Powers Agreement authorizes the Monterey Peninsula
Regional Water Authority to contract for attorney services.

FISCAL IMPLICATIONS:
Fiscal impact will depend on the amount of attorney services utilized, and the hourly rate.
ENVIRONMENTAL DETERMINATION:
The City of Monterey determined that the proposed action is not a project as defined by the
California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines),
Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general
rule that CEQA applies only to activities which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject to
CEQA. Because the proposed action and this matter have no potential to cause any effect on
the environment, or because it falls within a category of activities excluded as projects pursuant
to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not
cause a direct or any reasonably foreseeable indirect physical change on or in the environment,
this matter is not a project.

ALTERNATIVES CONSIDERED:
The Monterey Peninsula Regional Water Authority could choose not to retain legal counsel.
This alternative is not recommended. As a public entity, the Monterey Peninsula Regional
Water Authority may bring lawsuits and be sued. Current issues surrounding the Peninsulas
water supply are highly charged and prone to litigation. As a public entity, the Water Authority
must also comply with several laws including the Brown Act, the Public Records Act, and Fair
Political Practices Commission regulations, requiring legal guidance.

DISCUSSION:
The Request for Qualifications was issued on Friday, August 10, 2012, and 21 responsive
proposals were received.

The ad hoc committee consisting of Mayor Garcia and Mayor Pendergrass reviewed the 21
proposals, and recommends for your consideration the following four firms:
1. Atchison, Barisone, Condotti & Kovacevich (Attachment 1)
Hourly rate: $250 Principal Attorneys
$200 Associates

2. L+G, LLP (Attachment 2)
Hourly rate: $250 Principal Attorneys

3. Perry and Freeman (Attachment 3)
Hourly rate: $250 Principal Attorney or, alternatively, $2,500 per month

4. The Thompson Law Office (Attachment 4)
Hourly rate: $270 Principal Attorney

The foregoing firms are qualified and recommended by the subcommittee based on their
knowledge and experience in advising public entities, familiarity with the Monterey Peninsula,
familiarity with current water supply issues, and their hourly rates.
It is requested that the Monterey Peninsula Regional Water Authority review the attached
proposals and select Legal Counsel. If Legal Counsel is selected, then it is requested that
authority be given to the President to execute a professional services contract with the selected
firm.

Attachments: 1. Proposal - Atchison, Barisone, Condotti & Kovacevich
2. Proposal - L+G, LLP
3. Proposal - Perry and Freeman
4. Proposal - The Thompson Law

c: Atchison, Barisone, Condotti & Kovacevich
L+G, LLP
Perry and Freeman
The Thompson Law

Sincerely,
Anthony P. Condotti
LAWOFFICES
ATCHISON, BARISONE, CONDOTTI & KOVACEVICH
WING. BARISONE
.NTIIONYP. CONDOTTI
GEORGEJ. KOVACEVICH
BARBARA H. CliOI
SUSANE. BARISONE
CAI A. ARELLANO
S. ADAIRPATERNO
CELESTIALS.D. CASSMAN(1976-20I1)
A PROFESSIONALCORPORATION
POBOX481
SANTA CRUZ, CALIFORNIA 95061-0481
WEBS1TE: WWW.ABC-LAW.CONI
August 23, 2012
TELEPHONE: (831)423-8383
FAX: (831)576-2269
EMAIL: ADMIN@ABC-LAW.COM
I
RECEIVEDI
AUG24 2012
C I T Y A T T O R N E Y S O F F I C E
Christine Davi
City Attorney, City of Monterey
City Hall
580Pacific Street
Monterey, CA 93940
Re: Monterey Peninsula Regional Water Authority Legal Services Proposal
Dear Ms. Davi:
I am pleased to submit the enclosed proposal to serve as Legal Counsel to the Monterey
Peninsula Regional Water Authority. As further detailed in our proposal, Atchison, Barisone,
Condotti & Kovacevich is a full-service law firm which has specialized in providing
comprehensive legal services to public agency clients for over forty years. We believe that our
experience and qualifications are well suited to the needs of the Monterey Peninsula Regional
Water Authority.
am furnishing you, along with our proposal, detailed resumes for myself and my
associates, Barbara H. Choi, Caio Alaimo and Adair Patemo, who would provide support and
serve as back-up ifl am unavailable. If you have any questions or require additional information,
please do not hesitate to contact me at (831) 423-8383.
Thank you for your consideration.
Enclosures
A T T A C H M E N T
APROFESSIONAL CORPORATION
'N G. BARISONE
.110NY P. CONDOTT1
GEORGE J. KOVACEV1C11
BARBARA R. Cf101
SUSAN E. BARISONE
CAIO A. ARELLANO
S. ADAIR PATERNO
CELESTIAL S.D. CASSMAN (1976-2011)
POBOX 481
SANTA CRUZ, CALIFORNIA 95061-0481
WEBSITE: WWW.ABC-LAW.COM
TELEPHONE: (831) 423-8383
FAX: (831) 576- 2269
EMAIL: ADMIN@ABC-LAW.COM
LAW OFFICES
MONTEREY PENINSULA
REGIONAL WATER AUTHORITY
LEGAL SERVICES PROPOSAL
August 24, 2012
(For additional information please contact Anthony P. Condotti)
INTRODUCTION
Atchison, Barisone, Condotti & Kovacevich is a full-service law firm dedicated to
providing comprehensive legal services to public agencies. Our firm serves as City Attorney for
Santa Cruz, Capitala, and Half Moon Bay, Legal Counsel to the Santa Cruz Redevelopment
Agency, General Counsel to the Pajaro Valley Water Management Agency and Pajaro River
Watershed Flood Prevention Authority, and legal counsel to several other special districts in
Santa Cruz, Santa Clara and San Mateo Counties. We handle all necessary document drafting
and review, attend meetings, and provide legal opinions and advice to board members, directors,
managers and staff.
We have served as special counsel to a number of cities statewide, and are included by
the City of Sacramento in its list of approved outside counsel for land use and environmental
issues. We also handle all facets of public agency litigation, including: civil rights, tort liability,
environmental, employment, contracts, personal injury, construction defects, disaster issues,
Proposition 218 and other restrictions on taxes and fees, recreational accidents, real estate
disputes, inverse condemnation, eminent domain, constitutional law, nuisance abatement and
toxic pollution.
Atchison, Barisone, Condotti & Kovacevich is a local public agency law firm dedicated
to providing the finest legal services at affordable rates.
I. STATEMENT OF QUALIFICATIONS
A. Attorney Experience and Qualifications.
1. Partners:
Anthony P. Condotti
Anthony Condotti serves as City Attorney for the City of Half Moon Bay, Assistant City
Attorney for the Cities of Santa Cruz and Capitola, and as legal counsel to a number of special
districts in and throughout the San Francisco and Monterey Bay areas. He serves on a list of
approved special counsel to the City of Sacramento for environmental, hazardous waste and land
use matters, and as special counsel on real estate acquisition matters to the Santa Cruz
Metropolitan Transit District.
Since his admission to the California Bar in 1990, Mr. Condotti's legal career has been
dedicated to providing comprehensive legal services to public entities. He routinely handles a
broad range of issues affecting public entities, including day to day advice concerning
compliance with the Brown Act, Public Records Act and Political Reform Act. He has extensive
experience in matters involving environmental and land use laws and regulations, such as the
Coastal Act, Subdivision Map Act, Permit Streamlining Act, Endangered Species Act, CEQA
and NEPA. He is also well-versed in election law, including initiatives, referenda, qualifications
Legal Services Proposal - Monterey Peninsula Regional Water Authority
Page 1
for holding elective office, vacancies, etc. He regularly advises public agency clients on revenue
and finance issues, including compliance with Propositions 13, 62 and 218. He has substantial
experience in all aspects of labor and employment law, including collective bargaining and
employment contract negotiations, grievance and disciplinary arbitration proceedings, preparing
and implementing personnel policies, and compliance with applicable labor laws and regulations.
Mr. Condotti also has extensive experience with respect to resolutions and ordinances
that formalize the actions and policies of public entities, from initial conception and drafting to
adoption, implementation and, ultimately, defending their validity. He also routinely drafts and
negotiates agreements on a broad range of issues, such as real estate, redevelopment, labor, solid
waste franchises, procurement and public works construction, water supply, employment,
consulting services, and joint powers authorities. He has handled numerous real property
transactions, including those involving hazardous materials issues, negotiating and documenting
the acquisition transaction to minimize and control the risk of environmental liability.
He is an experienced litigator at both the trial and appellate level, with substantial
experience in land use, eminent domain and inverse condemnation litigation. He has handled a
large variety of litigation matters for public entities, including, but not limited to: civil rights,
dangerous conditions of public property, personal injury, employment, sexual harassment and
discrimination, construction, environmental contamination, real estate, election issues and
taxation. At the appellate level, he has handled several successful appeals resulting in a number
of reported appellate decisions. (See detailed resume for listing of published decisions).
Mr. Condotti is a member of the League of California Cities City Attorneys Department
and has served on the League's Municipal Law Handbook Committee. He has also served as a
member of the ACWA Legal Affairs Committee, and the Attorneys Committee of the California
Association of Sanitation Agencies (CASA). He was admitted to the California Bar in 1990 after
graduating with honors from the UCLA School of Law. Before joining our firm in 1993 he was
an associate with the Los Angeles law firm of Burke, Williams & Sorensen, where he served as
Assistant City Attorney for the Cities of Mission Viejo and Dana Point.
John G. Barisone
John G. Barisone received his Bachelor's degree cum laude in 1975 and Juris Doctor with
honors in 1979 from the University of San Francisco. He first practiced for five years in San
Francisco with an emphasis in civil litigation. He next served as a trial deputy in the civil
division of the San Mateo County Counsel's office for four years. While with San Mateo
County, he served as attorney for the County Sheriffs Department, Building Inspector, Social
Services Department and Agricultural Commissioner. In 1987 he joined the firm, serving as
Assistant City Attorney for the City of Santa Cruz and representing the firm's other public
agency and private sector clients in civil litigation matters. In 1990, the Santa Cruz City Council
appointed Mr. Barisone to serve as the Santa Cruz City Attorney. He was also appointed to serve
as City Attorney for the City of Capitola in 2001. Mr. Barisone is an active member of the
League of California Cities City Attorneys Department. He has served on the League's Legal
Advocacy Committee, Public Records Act Committee, Municipal Law Handbook Committee,
Page 2
Community Services Policy Committee, and has made several presentations at League
conferences.
George J. Kovacevich
George J. Kovacevich received his Bachelor's degree from the University of Santa Clara
in 1967 and his Juris Doctor in 1970 from the University of San Francisco. After law school, he
practiced for one year as a research attorney for California's First District Court of Appeal in San
Francisco. Thereafter, he served as an assistant and the chief deputy district attorney in the Santa
Cruz County District Attorney's Office for a cumulative period of fifteen years. In that capacity
he tried 180 jury trials, many of which involved major crimes. He also had supervisory duties
over municipal and superior court operations as an assistant district attorney and was in charge of
the entire office as the chief deputy. From 1994 to 1998, Mr. Kovacevich was an associate with
the California law firm of Dooley and Herr located in the San Joaquin Valley. During that time,
Mr. Kovacevich was engaged in state and federal civil and criminal trial litigation and appellate
practice, business and commercial law, partnership and corporate law, employment law,
environmental law, personal injury law, and land use law. He also provided mediation services
for family, business, civil and organizational disputes. Mr. Kovacevich has been a judge of the
Superior Court of Santa Cruz County, assigned to the civil calendar and appellate division. He
joined our office in December 2000, and his practice currently emphasizes civil litigation in state
and federal courts.
2. Associates:
Barbara H. Choi
Barbara Choi graduated in 1986 from the University of California at Berkeley with a
Bachelor's degree in English Literature. She received her law degree in 1991 from the
University of California at Los Angeles where she served as Articles Editor/Book Review Editor
for the Journal of Environmental Law & Policy and served as Student Bar Association Treasurer.
She was a litigation associate at the Los Angeles offices of Pepper, Hamilton & Scheetz, and
then Graham & James, practicing in the areas of business, environmental and real estate law. In
1994 she joined the litigation department at the Office of the Santa Clara County Counsel where
she specialized in employment, constitutional law, and premises liability matters. Ms. Choi
joined the firm in May 2000. She advises many of our public entity clients, with a particular
emphasis on labor and employment law. She provides estate planning services and also handles
complex litigation, including land use, premises liability, writs of mandate, employment, eminent
domain, environmental, and real estate matters.
Susan E. Barisone
Susan Barisone received her Bachelor's degree cum laude in 1976 from Gonzaga
University. She graduated cum laude in 1982 from the University of Santa Clara School of Law,
where she served as Comments Editor for the Santa Clara Law Review. She joined the Pacific
Bell Corporate Legal Department in 1982 where she specialized in Federal Communications
Page 3
Commission law, taxation, accounting, contracts, intellectual property and legislation. She
served as Deputy City Attorney in the Santa Cruz City Attorney's office from 1987 to 1992 and
rejoined the firm in January, 2002 where she serves as Deputy City Attorney for the Cities of
Santa Cruz, Capitola, and Half Moon Bay and counsels the firm's other public agency clients.
Caio Arellano
Caio Arellano joined the firm in October 2008 and practices public and municipal law.
He earned his Bachelor's degree in political science from the University of Michigan, Ann Arbor
in 1999 and his Juris Doctor from the University of San Francisco School of Law in 2008. Prior
to joining the firm, Mr. Arellano served as the law clerk for the City Attorney for the City of
Livermore, where he worked on a broad range of municipal law issues including land use and
development, public contracts, airport management, and revenue/finance. During law school,
Mr. Arellano was a member of the Moot Court team and competed in the Thomas Tang National
Moot Court Competition. He was also a Frank C. Newman Intern in the USF International
Human Rights Clinic and attended the 7th session of the United Nations Human Rights Council
in Geneva, Switzerland. There, he advocated for greater accountability for human rights abuses
committed by transnational corporations. Mr. Arellano remains committed to advancing
international human rights and corporate responsibility standards as a member of Human Rights
Advocates, a non-governmental organization with consultative status to the United Nations.
S. Adair Paterno
S. Adair Paterno graduated from UC Davis School of Law (King Hall) and was admitted
to the California State Bar in 2006. Ms. Paterno's practice emphasizes litigation in state and
federal courts. Prior to joining Atchison, Barisone, Condotti & Kovacevich, Ms. Patent
practiced real estate litigation at Miller Starr Regalia where she represented clients in a wide
range of real property disputes. Her practice focused on eminent domain, landlord/tenant issues,
escrow liability, contract disputes, title insurance coverage, and general business litigation.
While in law school, Ms. Paterno was an editor for the U.C. Davis Law Review and a
Constitutional Law teaching assistant. She also worked as a research assistant to a law professor
and completed the King Hall Public Service Program. Ms. Paterno received her undergraduate
degree from UC Santa Cruz in 1999.
II. PROPOSED STAFFING
A. Legal Counsel.
We propose Anthony Condotti for appointment as Legal Counsel with support from
associates Barbara H. Choi, Caio Arellano and Adair Paterno as needed. Detailed resumes for
each listing their respective experience and qualifications are attached.
Page 4
B. Our Philosophy Regarding the Practice of Public Law and Relationships with the
Board and Staff.
Our firm's overall philosophy in providing counsel to, and representing, public agencies
is rooted in a single fundamental principle. The Board makes policy, i.e. political decisions. As
Legal Counsel, our job is to provide the legal framework within which those decisions, first of
all, can be fully informed, and, once made, can be implemented efficiently and effectively. To do
so, we constantly strive to remain abreast of new legal developments, and maintain a large law
library with an extensive collection of materials pertaining to all aspects of public agency law
accumulated over the 40-plus years the firm has been providing legal services to public agencies.
Other notable traits you have a right to expect in your Legal Counsel include those which
we believe have characterized this office in the past and which our firm would strive to bring to
the Water Authority. These include: integrity; the ability to communicate clearly and concisely;
a mature, but not overly formal demeanor; a businesslike and professional appearance; a
scholarly but practical approach to legal issues; the ability to listen and be sensitive to the
concerns of others; creativity; courtesy; diplomacy; decisiveness; and diligence.
Legal Counsel should bring these traits to bear not only when dealing with issues of
major importance, but also with respect to his or her more mundane duties which often go
unnoticed by all but those directly affected. We are proud of this office's tradition of
professional competence and the high level of legal expertise with which our firm serves public
agencies in California. We feel we have the personal and professional qualifications and
commitment to bring that tradition to the Water Authority. We would be honored by the
opportunity and challenge to serve you.
C. Structure of Relationships with Directors and Other Agencies.
The Legal Counsel should be a policy implementer, not a policy maker. Accordingly, in
addition to having the professional qualifications to provide the necessary legal services, the
Legal Counsel should be apolitical yet politically sensitive. This, in turn, requires us to maintain
a strong, but strictly impartial, working relationship with all Directors. Also of great significance
is our ability to integrate and coordinate with other staff members, especially at the management
level. Unless the Legal Counsel is cognizant of the manner in which the Water Authority
operates, as well as the abilities and limitations of individual staff members, he or she cannot
competently advise the Water Authority with regard to matters that presuppose the input of those
individuals. In addition, unless Legal Counsel has a solid working relationship with staff, his or
her ability to effectively provide counsel with regard to daily questions and concerns will be
impaired. The key to ensuring that our working relationships with Directors and staff remain
effective is to have clear, open lines of communication, to maintain an open-door policy for
requests for legal assistance, and to provide frequent reports and updates on the status of projects
and matters so that timely decisions can be made as circumstances change.
Our philosophy in providing legal services is to, as much as possible, be available to
Directors and staff as would a typical "in-house" legal counsel. This philosophy has evolved
Page 5
from our decades-old relationship with the City of Santa Cruz, in which Councilmembers and
Staff routinely drop in from the City of Santa Cruz's administrative offices located directly
across the street. To foster a similar relationship with our other public agency clients, we offer a
discounted rate for travel time to and from meetings and office hours.
D. Style of Participation in Meetings and Workshops.
Our style of participation in meetings and workshops is largely guided by our philosophy
in furnishing legal services to our public agency clients. We strive to identify potential legal
issues and bring them to the Board's attention early onpreferably before the meeting at which
the issue may be discussed or addressed. During meetings our participation is typically limited
to identifying and advising Board and staff on legal matters, unless in response to a particular
request for perspective on policy or other matters.
E. Keeping the Water Authority Informed/Reporting on status of projects, requests
and litigation.
In addition to frequent email updates on the status of litigation and other pending matters,
we would anticipate providing a regular "Legal Counsel's Report" at Board meetings, at which
any pending items and other significant legal issues such as proposed legislation may be
discussed. Additionally we would anticipate providing monthly status reports on any pending
litigation item, as well as frequent updates in closed session when direction from, or consultation
with, the Board is required.
F. Evaluating Costs/Benefits of Litigating or Settling Cases.
We strive to undertake a careful analysis of all legal and factual issues early on during any
litigation to develop an estimate of the probability of success and the range of potential exposure.
The decision whether to settle or litigate must involve balancing those factors and any other
issues that may be of concern to the Board, such as whether settlement of litigation will
encourage further litigation or create problems from a policy standpoint. At all times, our role
must remain limited to providing the Board with information and analysis that will enable the
Board to make an informed decision about how the litigation should be handled.
G. Evaluating Whether To Use Our Firm or Another Firm.
In evaluating whether our firm or another attorney or firm should handle a particular case
or other matter, we are guided by a single criterionwho would best represent the interests of
the Water Authority. We frequently assist our clients in engaging attorneys with specialized
expertise in a certain area of the law when the need arises.
H. Role of Legal Counsel with the Public and the Media.
Given the nature of our practice, the issues we deal with are frequently subject to media
attention. We strive to maintain cordial and cooperative relationships with members of the
Page 6
public and the media, to the extent possible, and are comfortable responding to inquiries from
either. That being said, the extent to which we interact with either the public or the media will be
based on the Board's preference. Some agencies prefer that all communications be channeled
through the Director or Board President. Others want their legal counsel to be the point-person.
We are comfortable dealing with the media and the public in the manner that the Water Authority
prefers.
I. Standard Response Times.
Our firm prides itself on providing prompt responses to inquiries both from elected
officials and staff. For most day-to-day advice and services (matters involving less than an hour
of research/preparation) we are typically able to respond the same day or the following day.
Some routine advisory matters, such as Brown Act or Public Records Act compliance, are
typically handled over the phone. With respect to other research or labor intensive tasks, we
pride ourselves on tailoring our response times in accordance with the clients' needs.
Coordination with Water Authority Staff and maintaining open lines of communication are also
keys to ensuring that the Legal Counsel's desk does not become a bottleneck for Water Authority
business.
J. Review of Background and Issues Currently Facing the Water Authority.
In addition to introductory meetings with Directors and Staff, we would review agendas
and minutes to develop a checklist of pending matters or issues, and a time-frame for resolving
them. We would anticipate that, for routine matters, such as day-to-day advice on compliance
with the Brown Act and Public Records Act, we would receive requests for advice by telephone
or email, or in person during regular office hours. To ensure that the Water Authority's legal
resources are used efficiently, we propose that requests from staff involving a substantial time
commitment be made in writing and be submitted through the Director. Similarly, we anticipate
that routine requests for advice from Directors would be made by email or telephone. To ensure
that legal resources are not monopolized by individual Directors, requests involving a substantial
time commitment may require direction from the Board.
K. Office Staff.
In addition to the attorneys listed above, our office has two paralegals, Jennifer Pasquini
and Angela Goble, one full-time receptionist, and a full-time office manager, Kadidia Wegener
Cooper. Our office is fully staffed during regular business hours, which are from 8:00 a.m. to
5:00 p.m. Our receptionist answers the phones in person during business hours. Before/after
hours, our automated voice mail system is activated enabling clients to reach attorneys' direct
lines or voice mail.
L. Computer Resources.
Our office recently replaced our entire computer network and significantly upgraded both
the security and reliability of our computer system. With respect to word processing software,
Page 7
we operate Microsoft Word, Corel WordPerfect X3, Excel and PowerPoint. Our network is fully
internet connected so files and mail are freely transferrable from the District to any of our work
stations. We subscribe to the Lexis/Nexis legal research service and also have access to the full
library of resources of the League of California Cities. In addition, we maintain our own office
library with the most comprehensive listing of legal research materials for public entities in the
County, including the County Law Library.
M. Tracking/Managing Legal Costs.
Legal costs incurred to-date, as well as anticipated future legal costs, will be included in
regular reports discussed in Item E. We will also provide monthly statements indicating fees and
costs incurred and their basis. Separate statements will be prepared for general legal services and
special projects as requested by the Water Authority. We will also provide separate invoices for
each separate item of litigation. Statements will identify the name of the person providing
service, the date, the time expended, the nature of the work performed and the corresponding
charge, and the current balance owed. If necessary to comply with audit requirements, we will
happily furnish all supporting documentation to substantiate monthly invoices, including copies
of daily timekeeping records and expenses incurred.
N. Professional Liability Insurance Coverage.
Our office carries professional liability insurance in the amount of $1 million per claim
and $2 million in the aggregate. We also carry workers' compensation insurance as required by
state law, and standard commercial general liability and automobile insurance coverage. If
selected, we will work with the Water Authority to ensure mutually acceptable
insurance/indemnity provisions are incorporated into the legal services agreement between the
Water Authority and our firm.
0. Protecting Client Confidentiality While Benefiting From "In-House" Knowledge
and Experience Gained From Representing Other Local Government Agencies.
Because we practice law in the communities in which we live, we are mindful of the fact
that maintaining client confidentiality is of the utmost importance. Our associates and staff are
trained to refrain from discussing client matters with other clients or outside of the office. We
maintain file controls to ensure that only the attorneys or staff members that are actually working
on a matter have access to confidential material in our clients' files. For other, non-confidential
matters, such as agreement and ordinance templates, we maintain a document bank that we
regularly utilize for the benefit of all of our clients.
III. COMPENSATION AND REIMBURSEMENT
A. Basic Legal Services.
We propose to provide legal services at the discounted hourly rates set forth below, in
increments of 1/10 hour. Current rates will remain in effect until June 30, 2013:
Page 8
Principals $250 per hour
Anthony P. Condotti
John G. Barisone
George J. Kovacevich
Associates $200 per hour
Barbara H. Choi
Susan E. Barisone
Caio A. AreIlan
S. Adair Paterno
Travel $145 per hour
Paralegals $135 per hour
B. Expense Reimbursement.
We would also charge for costs reasonably and necessarily incurred in connection with
the legal services we provide. Costs will normally be advanced and then billed to the Water
Authority; however, for substantial cost items (such as expert witness fees), we may request that
the Water Authority pay such costs directly. Costs include court filing fees, deposition costs,
messenger and express delivery fees, process server fees, long distance telephone and facsimile
charges, photocopying, etc. All out of pocket costs will be billed at cost, except as set forth
below:
Photocopying: 25 cents per page
Telecopying: $1 per page outbound
no charge inbound
Long Distance Telephone: at cost
Mileage: IRS reimbursement rate
IV. TERMINATION OF AGREEMENT
As has been our relationship with the City of Santa Cruz since 1968, and as with all of
our other public agency clients, we would serve at the pleasure of the Water Authority, who may
terminate our relationship at any time by written notice effective when received by us. If we are
the Water Authority's attorneys of record in any proceeding, we will execute and return a
substitution of attorney form immediately on request from the Water Authority. We would
propose that our agreement specify that we may terminate our agreement at any time upon forty-
five (45) days notice, and withdraw from litigation as permitted under the Rules of Professional
Conduct of the State Bar of California upon thirty (30) days written notice to the Water
Authority. The circumstances under which the Rules permit such withdrawal include but are not
limited to (a) the Water Authority consents, (b) the Water Authority's conduct renders it
unreasonably difficult for us to carry out our legal representation effectively, or (c) the Water
Authority fails to pay fees or costs as agreed.
ATCHISON, BAR1SONE, CONDOTTI & KOVACEV1CH
Page 9
V. CURRENT PRACTICES/CONFLICTS OF INTEREST
A. Political Contributions of Money, In-kind Services or Loans Made To Any Member
of the Water Authority Within the Last Three Years by the Firm or Any of Its
Attorneys.
None.
B. Public Agency Clients for Which Our Firm Currently Provides Services or is Under
Contract.
City of Santa Cruz
City of Capitola
City of Half Moon Bay
City of Livermore
City of Sacramento
Ben Lomond Fire Protection District
Boulder Creek Recreation & Parks District
Central Fire Protection District
Santa Cruz Redevelopment Agency
Pajaro River Watershed Flood Prevention Authority
Pajaro Valley Fire Protection District
Pajaro Valley Public Cemetery District
Pajaro Valley Water Management Agency
Salsipuedes Sanitary District
Santa Cruz Metropolitan Transit District
Saratoga Cemetery District
West Bay Sanitary District
Zayante Fire Protection District
C. Statement Regarding Conflicts of Interest.
Atchison, Barisone, Condotti & Kovacevich has no conflicts of interest with the
Monterey Peninsula Regional Water Authority. Atchison, Barisone, Condotti, & Kovacevich has
not opposed the Water Authority in litigation nor does Atchison, Barisone, Condotti &
Kovacevich currently represent any clients with matters pending before or involving the Water
Authority.
Professional References
JOHN MULLER
Councilmember
50 1 Main Street
Half Moon Bay, CA 94019
(650) 726-8270
LAURA SNIDEMAN
City Manager
501 Main Street
Half Moon Bay, CA 94019
(650) 726-8270
Page 10
RONALD W. SHEPHERD
Board President
West Bay Sanitary District
1263 San Mateo Drive
Menlo Park, CA 94025-5524
(650) 323-2909
CHARLES MeNEISH
General Manager
Scotts Valley Water District
2 Civic Center Drive
Scotts Valley, CA 95067
(831) 438-2363
MARY BANNISTER
General Manager
Pajaro Valley Water Management Agency
36 Brennan St.
Watsonville, CA 95076
(831) 722-9292
Additional References Available Upon Request
VI. CONCLUSION
At Atchison, Barisone, Condotti & Kovacevich, we pride ourselves on our history and
tradition of providing high quality and affordable legal services to public agencies. We would be
honored to continue that tradition with service to the Monterey Peninsula Regional Water
Authority. We will be happy to provide you with any additional information that may be of
assistance to you in evaluating our experience and qualifications.
DETAILED RESUMES FOR ANTHONY P. CONDOTTI, BARBARA H. CHOI, CATO A.
ARELLANO, AND S. ADAIR PATERNO
[See attached]
Page 11
RESUMES
ANTHONY P. CONDOTTI
EXPERIENCE
(9/93-present) ATCHISON, BARISONE, CONDOTTI & KOVACEVICH, Santa Cruz, CA
Shareholder Practice in all areas of local government law; Responsible for:
Negotiating and Drafting Agreements, Real Property Transactions, Preparing
Ordinances, Providing Legal Opinions, Attending City Council, District Board and
Staff Meetings, Litigation at Trial and Appellate Level Involving: Contracts, Writs of
Mandate and Administrative Mandamus, Inverse Condemnation, Land Use, Eminent
Domain, Environmental, Civil Rights, Construction, Dangerous Condition, Debt
Collection, Water and Natural Resources, Employment, Code Enforcement, Public
Nuisance Abatement.
City Attorney, Half Moon Bay (6/08-present)
Assistant City Attorney, City of Santa Cruz (9/93-present)
Assistant City Attorney, City of Capitola (9/01-present)
General Counsel, Pajaro Valley Water Management Agency (5/2004-present)
Legal Counsel to several other special districts in Santa Cruz, Santa Clara and San
Mateo Counties
(10/90-9/93) BURKE, WILLIAMS & SORENSEN, Los Angeles/Costa Mesa, California
Law Clerk (5/89-8/89) Practice in all areas of municipal law; Responsible for:
Attendance at City Council and Planning Commission Meetings, Preparation of
Ordinances and Resolutions, Contract Drafting and Negotiation, Legal Opinions
and Advice Regarding Land Use and Environmental Law Compliance, Litigation at
Trial and Appellate Level Involving Zoning, Land Use, Public Nuisance and
Environmental Issues, Initiatives and Referenda, and Prosecution of Municipal
Code Violations.
Assistant City Attorney, City of Mission Viejo (6/91-8/93)
Assistant City Attorney, City of Dana Point (10/91-8/93)
(6/88-4/89) MULLEN & FILIPPI, Long Beach, San Francisco: Law Clerk (6/88-4/89)
Legal research, discovery, pre-trial preparation.
REPORTED Silva v. Crain (9th Cir. 1999) 169 F.3d 608 [statute of limitations on civil rights
DECISIONS claim brought under 42 U.S.C. 1983 not tolled by state tort claims act]
Langer v. Redevelopment Agency (1999) 71 Cal.App.4th 998 [agency not liable for
inverse condemnation where no evidence that redevelopment project results in taking
by actual condemnation or its substantial equivalent]
City of Santa Cruz v. Superior Court (Bombay) (1995) 40 Cal.App.4th 1146
[legislative privilege and separation of powers doctrine prohibits civil discovery
concerning councilmembers' motives and thought processes in land use decisions]
Nelson v. Carlson (1993) 17 Cal.App.4th 732 [referendum on city general plan
held invalid for failing to comply with Elections Code requirements]
EDUCATION
University of California, Los Angeles, J.D. May 1990
Member, Moot Court Board; Best Brief Award, UCLA Moot Court Competition
(1989); Robert J. Traynor State Moot Court Competition (1990)
University of Colorado at Boulder, May 1987
Bachelor of Arts, English Literature
Magna Cum Laude, Phi Beta Kappa, Boettcher Foundation Scholar
MEMBERSHIPS
State Bar of California (Member, Public Law and Litigation Sections)
U.S. District Court, Central and Northern Districts
Santa Cruz and Santa Clara County Bar Associations
Board of Directors, Santa Cruz County Bar Association (Secretary)
League of California Cities
California Association of Sanitation Agency Attorneys Committee
Association of California Water Agencies, Legal Affairs Committee
Rotary Club of Santa Cruz (Board of Directors, 2002-2004)
INTERESTS
Music, Gardening, Bicycling, Cooking
BARBARA H. CHOI
307 Moore Street
Santa Cruz, California 95060
Home (831) 454-9229; Work (831) 423-8383; Cell (831) 818-4986
JRKAtchison, Barisone, Condotti & Kovacevich, Santa Cruz, CA
EXPERIENCE Associate (5/00-present)
Interim Risk Manager for the City of Santa Cruz (1/06-1/07; 10/10-present)
Deputy City Attorney for City of Santa Cruz, City of Capitola, City of Half Moon Bay.
Provide legal advice on civil rights, takings, employment, breach of contract, public facility
lease, premises liability, real estate, and estate planning issues. Attend City Council and
other public agency meetings to advise on litigation matters. Advise and prepare
memoranda. Provide risk analysis on public agency claims. Prepare pleadings and motions.
Conduct discovery. Attend mediations and arbitrations. Advise private businesses and
individuals on real estate contracts, prepare business contracts, leases, and estate plans.
Office of the County Counsel
County of Santa Clara, San Jose, CA
Deputy County Counsel (2/94-4/00)
Advised Board of Supervisors and department heads on constitutional law, premises
liability, employment, and personnel matters. Responsible for heavy caseload involving
mediations, arbitrations, trials, preparation of pleadings and motions, conducting discovery
and depositions. Represented County in Personnel Board hearings. Advised Department
of Social Services on child dependency cases. Provided risk analysis for County self-
insured claims assessment division.
Graham & James, Los Angeles, CA
Associate (12/92-2/94)
Represented international telecommunications corporation in multi-million dollar contract
action involving distributorship royalties. Extensive client contact in developing and
implementing litigation strategy. Prepared all pre-trial motions and trial-related papers.
Represented international computer manufacturer in antitrust and patent infringement
action. Worked closely with clients in developing case strategy. Advised corporate clients
involving partnership agreement dispute. Negotiated and prepared settlement agreements.
Worked on all aspects of commercial, real estate and environmental law matters.
Pepper, Hamilton & Scheetz, Los Angeles, CA
Associate (10/91-11/92)
Advised corporate clients on compliance with anti-competition clause in employment
contract. Represented computer manufacturer in antitrust and patent infringement action.
Represented clients in commercial lease negotiations. Prepared pleadings and legal
memoranda on business, real estate, and environmental law matters.
United States Central District Court, Los Angeles, CA
Extern to Honorable Edward Rafeedie, District Court Judge (8/90-12/90)
Perfoimed legal research and drafted legal memoranda on law and motion matters.
National Health Law Center, Los Angeles, CA
Law Clerk (6/89-8/89)
Researched legal issues on lead poisoning and impact on children. Prepared legal brief in
class action seeking medical care for indigent pregnant women in California.
REPORTED
CASES
PROFESSIONAL
MEMBERSHIPS
WORK
EXPERIENCE
(continued)
EDUCATION
Mid Peninsula Support Network for Battered Women, Mountain View, CA
Counselor (1987-1988)
Provided crisis counseling to victims of domestic violence; conducted weekly group
counseling and 24 hour on-call counseling. Interfaced with other community organizations
to provide resources for clients.
St. Joses Krankenhaus, Paderborn, Germany
Nurses' Assistant (1984)
Provided medical care to elderly German patients as part of a work exchange program
promoting cultural understanding and language fluency.
University of California, Los Angeles, J.D. 1991
Articles Editor/Book Review Editor - Journal of Environmental Law & Policy;
Student Bar Association (Treasurer), Faculty/Student Pro Bono Committee,
Asian Pacific-Islander Student Bar Association (Academic Support Co-Chair)
Asian/Pacific American Legal Center Volunteer
University of California, Berkeley, B.A. 1986
English Literature (Major), German (Minor), Biology (Minot)
Health Sciences Cluster Program Leader;
Counselor for Minority Student Summer Program
Kimes v. Stone, 84 F. 3d 1121 (9t
1
Cir. 1996)
State Bar of California (12/91), State Bar Pro Bono Volunteer Award (1992)
Ninth Circuit Court of Appeals
United States District Court (Northern and Central Districts)
Santa Cruz County Bar Association Estate Planning Council
Women Lawyers of Santa Cruz County
Santa Clara County Bar Association (Past Member)
Asian Pacific Bar Association of Silicon Valley (Past Board Member,
Co-Chair of Mentor Committee and Scholarship Committee)
Korean American Bar Association of the Bay Area (Past Member)
Korean American Bar Association of Los Angeles (Past Member)
CAIO A. ARELLANO
EDUCATION
juris Doctor, University of San Francisco School of Law May 2008
Advanced Moot Court, Thomas Tang National Competition
CALI Award for Excellence (highest grade) in Forensic Evidence
Bachelor of Arts, Political Science, University of Michigan, Ann Arbor May 1999
EXPERIENCE
Atchison, Barisone, Condom & Kovacevich, Santa Cruz, CA
Public Law and Litigation Associate
October 2008-Present
Provide legal counsel to public agencies on a wide range of issues, including real property/land use,
employment, contracts, constitutional rights, open government, and ethics.
Attend meetings of city councils, commissions, and special district boards. Advise public officials on
meeting procedures and present legal opinions during closed sessions.
Represent public agencies in civil rights, public premises liability, inverse condemnation, environmental,
and landlord-tenant litigation. Experience in all phases of litigation, e.g. discovery, law and motion,
summary judgment proceedings, mediation/settlement negotiation.
Extensive research on Subdivision Map Act, revenue/finance, comprehensive code enforcement, and
technology issues (e.g. electronic records, internet/social networking use policies, and teIecommuting).
Research and draft resolutions, ordinances, and ordinance amendments.
City Attorney's Office, City of Livermore, Livermore, CA
Law Clerk
June 2007-October 2008
Provide advice and legal research on issues facing the Engineering, Planning, Municipal Airport, City
Clerk, and Finance departments on various projects.
Prepared research memoranda on CEQA, development impact fees, density bonus law, public works,
and public contracts issues.
Served as Administrative Heating Officer on code enforcement appeals. Presided over hearings and
issued written findings and orders.
OTHER PROFESSIONAL EXPERIENCE
Five years of sales and business development experience in internet infrastructure and
telecommunications industries
Negotiated strategic alliances and revenue share agreements with software development and consulting
firms
PROFESSIONAL MEMBERSHIPS
State Bar of California, SBN 262168
United States District Court, Northern District of California
Editorial Board, California Municipal Law Handbook (2012 edition)
Bay Area City Attorneys Association
Bar Associations of Santa Cruz and San Mateo Counties
PERSONAL INTERESTS
Accomplished triathlete with five Top-20 age group finishes
Competitive Scrabble player
S. ADAIR PATERNO
EDUCATION
University of California, Davis School of Law, Davis, CA
J.D., 2006
Articles Editor, U.C. Davis Law Review
King Hall Public Service Program
Tutor, Constitutional Law
Witkin Award, Federal Jurisdiction
Clinic Participant, U.C. Davis Civil Rights Clinic
University of California, Santa Cruz, Santa Cruz, CA
B.A., Sociology, 1999
Departmental Honors
EXPERIENCE
Atchison, Barisone, Condotti & Kovacevich, Santa Cruz, CA 11/09-Present
Associate Attorney. Advise and counsel public agency clients such as municipalities, water
management agencies, and special districts on numerous areas of public law, including public and
private land use, eminent domain and inverse condemnation, police policy, and constitutional law.
Litigate public and private claims in state and federal courts from inception to trial or settlement.
Participate in law and motion practice, discovery management, and case strategy and management
for litigation matters.
Miller Starr Regalia, Walnut Creek, CA 06/ 05-08/05; 10/06-11/09
Associate Attorney. Extensive research and legal writing in real estate law, contract law, landlord-
tenant, eminent domain, title insurance, and general business litigation. Prepared complaints,
answers, mediation briefs, and motions, including motions for preliminary injunction, demurrers,
anti-SLAPP motions, and motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). Handled
discovery matters, including taking depositions, propounding and responding to interrogatories and
document requests, and drafting motions to compel. Performed pro-bono legal services for Bay Area
Legal Aid.
ACLU, Drug Law Reform Project, Santa Cruz, CA 01/05-6/05
Legal Intern. Assisted staff attorneys in prosecution of national civil rights cases. Researched and
analyzed procedural issues and substantive grounds for various pretrial motions. Prepared
opposition to motion to pretrial motion to exclude witnesses.
Dickenson, Peatman, & Fogarty, Napa, CA 06/04-08/04
Summer Associate. Research and analysis regarding land use issues, including special uses for
wineries in Napa County. Prepared extensive analysis of American Viticultural Area (AVA)
requirements. Authored articles for land use newsletter.
ACTIVITIES
Board Member, Walnut Avenue Women's Center; Board Member, California Grey Bears; Member,
Santa Cruz County Bar Association
Jeffer;,. R. rjiller.

R E C E I V E D
AUG 2 4 2012
C I T Y A T T O RN E Y ' S O F F I C E
318' C oyuw S treet
R. O . Box 2119
S aHncc, C A 5Q9n2-2119
T E L 831-754-2444
T O LL F RE E 888-757-2444
F A X E 31-7M-2011
530 S an Penni" S treet
S uite 2I T 2
F roll[stcr, C A Y ,5,0143
T E L 831- ..?0444/1
F A X 831-630-5935 ATTORNEYS AT LAW, LLP
Dennis C . Beoughar
Patrick S A .
Reid
- S Reftemr
, Rovelid
' BrO dleyt. S ulli' ean
lames W. S uI R..,:on
E . S oren Diaz
Of C aumel
August 24, 2012
Via Electronic Mail and U.S. Regular Mail
Ms. C hristine D avi
C ity Attorney
C ity of Monterey
C ity Hall
Monterey, C A 93940
Re: Legal Services for the Monterey Peninsula Regional Water Authority
D ear Ms. D avi:
We are pleased to submit the attached proposal to provide legal services to the Monterey
Peninsula R egional Water Authority ("Water Authority"). We are also enclosing a statement of
insurance.
L+G, LLP ("L+G", formerly Lombardo & Gilles) has been practicing law in the Salinas V alley
and Monterey Peninsula for nearly fifteen years. L+G is a multi-service law firm that is widely
recognized for its expertise in many areas of law, particularly agribusiness and environmental
and land use law. L+G is comprised of a group of experienced attorneys, who have represented
public and private entities.
Based on its long standing presence on the C entral C oast, L+G is extremely familiar with the
historical and current challenges facing the Monterey Peninsula in its quest to secure a safe,
reliable, and affordable water supply. Because our attorneys have represented numerous
residential, commercial, and hospitality interests throughout the jurisdictional boundaries of the
Monterey Peninsula Water Management D istrict ("MPWMD "), L+G is intimately familiar with
the rules, regulations and policies of the MPWMD and the overall local and state regulatory
framework relating to establishing and maintaining a safe and reliable water supply. I n addition
and based on its significant impact on many of our clients, L+G attorneys are familiar with the
2009 C ease and D esist Order and actively participated in the State Water R esources Board
process in an effort to preserve and protect our clients water credits and allocations. L+G also
has considerable experience advising property owners within the C alifornia C oastal zone and has
successfully shepherded controversial projects through the often complicated C oastal
C ommission process.
ATTAC H M ENT
Ms. Christine Davi.
August 24, 2012
Page 2
We believe that our wealth of knowledge and experience dealing with challenging land use and
water supply projects on the Monterey Peninsula combined with our experience representing
public agencies in a general and special counsel capacity makes us the best candidate to provide
legal services to the Water Authority. We look forward to an opportunity to meet with you and
the Water Authority Board to answer any questions about our proposal and our experience.
Thank you for the opportunity to submit this proposal.
Very truly yours,
L+G, LLP
Jason S. Refterer
JSR
Proposal to Provide General Counsel Legal Services
to the Monterey Peninsula Regional Water Authority
ATTORNEYS AT LAW, LLP
318 Cayuga Street
Salinas, CA 93901
Phone #: (831)754-2444
Fax #: (831)754-2011
e-mail: infoglg-attorneys.com
web: www.lg-attomeys.com
Table of Contents
I. Overview of Firm
IL Proposal
III. Public Entity Representation
IV. Real Estate/Land Use Experience
V. Attorney Rsums
VI. References
I. Overview of Firm
L+G, LLP ("L+G", formerly Lombardo & Gilles) is a full service law firm on the Central Coast
with an outstanding reputation for providing comprehensive legal services on a wide range of
private and public sector matters. Our firm has repeatedly obtained successful results for our
public and private clients and has developed strong and positive relationships with local, state
and federal public agencies and the officials who head those agencies.
We believe that our firm's local roots and ties to Monterey County gives us an unique ability to
understand and address local public agency issues and needs, including those which relate to
water supply issues facing our community.
Our attorneys have expertise in municipal and land use law. Our extensive public sector
experience makes us uniquely qualified on the Central Coast to provide counsel regarding all
issues faced by public entities, including conflicts of interest, Brown Act compliance, and the
Public Records Act. Our business department provides insightful advice to all different kinds of
corporate entities, and our real estate and land use team is renowned for its success in helping
clients realize their dreams.
Our attorneys are known widely for their successful development and presentation of legal
seminars offering practical and timely advice on cutting edge legal trends and issues. L+G
attorneys have provided workshops and seminars on such topics as the Brown Act, as well as
land use, construction, business, litigation and real estate matters. Further, our firm customarily
provides news briefs and legislative law updates to our clients, which are done at no cost to the
client. The firm is also proud to use the most updated technology in the legal arena to provide a
maximum containment of costs, which savings are passed on to our clients.
In addition to offering exceptional legal services to our clients, L+G places a strong emphasis on
community involvement and takes pride for its community philanthropy. Our attorneys have
assumed leadership roles and are members of numerous community and civic organizations in
the Central Coast, including for example, the Salinas Rotary, the Salinas Valley Chamber of
Commerce, Partners for Peace, Meals-on-Wheels in Salinas, the National Steinbeck Center, the
Salinas Valley Memorial Hospital Foundation, and the Salinas Community YMCA.
L+G also strongly believes in avoiding costly litigation via alternate dispute resolution such as
mediation, when it is favorable to our clients. However, if a matter requires litigation, our firm
provides aggressive and cost effective litigation services to protect and further our clients'
interests.
Trinh Retterer $195.00 $150.00
IL Proposal
Our legal services can be specifically tailored to meet the Monterey Peninsula Regional Water
Authority ("Water Authority") needs. L+G proposes Jason S. Retterer to serve as General
Counsel and Brad Sullivan to serve as Assistant General Counsel to the Water Authority. Mr.
Retterer and Mr. Sullivan are partners at L+G and have extensive experience representing public
agency clients on a variety of municipal and environmental law issues. Mr. Retterer and Mr.
Sullivan's specific experience representing public agencies is set forth in Section III of this
proposal.
Mr, Retterer and Mr. Sullivan will be supported by a team of experienced attorneys who can
provide the full range of public agency legal needs, including attendance at board meetings and
any other related activities. Our attorneys can also provide research, legal advice, and other
recommended actions based on our team's extensive public agency experience. Preparation and
review of contracts, resolutions, policies, and other public agency issues are within our
experience and capabilities. We are also capable of providing quality legal representation in
litigation on behalf of public districts and/or their officials, as well as providing a full range of
other public agency law services. Additionally, our firm has a solid background in providing
legal counsel on land use, real estate and construction law matters, should the Water Authority
require these services.
Finally, L+G believes in providing superior legal services at cost effective and competitive rates.
In this regard, our firm is happy to offer the Water Authority the full range of our legal services
at the following discounted fixed rates:
Attorneys Prevailing Hourly Rate Water Authority' Rate
Jeffery R. Gilles $475.00 $300.00
Bradley W. Sullivan $425.00 $250.00
Jason S. Retterer $395.00 $250.00
Dennis C. Beougher $350.00 $250.00
Patrick S.M. Casey $350.00 $250.00
E. Soren Diaz $350.00 $250.00
Amy Purchase Reid $350.00 $250.00
James W. Sullivan $350.00 $250.00
Paul A. Rovella $295.00 $225.00
Land Use Specialist
Paralegals
Anne Wells $115.00 $95.00
Danielle Quebec $115.00
=
$95.00
Barbara Goulding $115.00 $95.00
II. Proposal
In addition to offering the stated discounted hourly rate and cost effective services, we would not
bill for transitional time reviewing prior legal files that may be transferred to the firm. Nor will
the Water Authority be billed for any research or "up to speed time" on areas of law where the
firm cannot readily offer its expertise.
Any additional fees and charges, if applicable, would be assessed as follows:
1. Mileage will not be billed for the first ninety miles. Any mileage that exceeds ninety
miles will be billed per the Internal Revenue Code. For out of town travel, the Water
Authority would be responsible for actual lodging, meal and other travel costs at a
not-to-exceed negotiated rate.
2. Mailing expenses will be billed at actual cost for overnight or special mail service
only.
3. Prior approved fees for experts and consultants will be billed at actual cost.
4. Basic on-line legal research using Westlaw or any other legal research services would
not be billed if we are accessing databases within our monthly subscription service.
If, however, we require advanced and more specialized research services we would
seek your approval before incurring that cost. Our experience is that those services
are very expensive and we would need to bill the Water Authority at actual cost.
L+G has a team of experienced public sector law lawyers that have represented cities, districts,
special districts and joint powers agencies throughout California. Our attorneys with public
sector law experience include Jason Retterer, Brad Sullivan, Dennis Beougher, and Soren Diaz.
Our lawyers have advised public agencies and elected officials on matters involving the
following areas, among others:
Annexations
Conflicts of interest
Constitutional law
Campaign/elections law
Eminent domain/inverse condemnation
Labor issues
Public bidding process
Environmental law
Telecommunications
California Voting Rights Act
Public contracts
Land use regulation
Taxes, fees, and governmental spending
Code enforcement
Brown Act compliance
Public Records Act compliance
Gifts of public funds
Public employment
Parliamentary procedure
Federal Voting Rights Act Redistricting
As noted in Section II, L+G proposes Jason Retterer to serve as General Counsel and Brad
Sullivan to serve as Assistant General Counsel to the Water Authority. Below is a summary of
their experience representing public entities.
A. JASON S. RETTERER
Jason has thirteen years of legal experience. Prior to joining L+G, Jason worked at one of the
premiere and oldest municipal law firms in Orange County, Woodruff, Spradlin & Smart, where
he represented a broad spectrum of municipal clients, including cities, special districts and joint
powers agencies. Below is a snap shot of the various municipal clients he has represented and a
description of his duties and responsibilities.
1. General Counsel Experience
Midway City Sanitary District
Jason served as General Counsel to the Midway City Sanitary District (the "District")
from 2007 to 2009. The District provides refuse collection and sewer service to over 100,000
residents and 35,000 connections in the City of Westminster and the unincorporated County area
known as Midway City. As General Counsel, he advised a five member elected Board of
Directors on a variety of municipal law issues unique to sanitary agencies. In addition to
attending and advising the Board at their regular and special public hearings, Jason routinely
advised the Board on compliance with the Brown Act, Political Reform Act, Public Records Act,
Public Contracts Code and legal issues relating to refuse collection and the provision of sanitary
sewer service. He advised the Board on a contemplated increase in user fees and Proposition
218 compliance. He also regularly drafted ordinances, resolutions, policies, employment
agreements, construction agreements and other agreements and contracts for the Board's
consideration and adoption.
Orange County Sanitation District
Jason served as Deputy General Counsel to the Orange County Sanitation District
("OCSD"), which operates the third largest wastewater agency west of the Mississippi River.
OCSD is responsible for the collection, treatment and disposal of the wastewater generated by
2.5 million people living and working in central and northwestern Orange County. Jason was
responsible for advising OCSD on general municipal law issues relating to Brown Act
compliance and conflicts of interest laws, as well as environmental and land use issues. Jason
also prepared contracts and agreements, resolutions, ordinances and agenda reports for the
consideration of OCSD' s 25-member Board of Directors. Jason routinely reviewed and
interpreted complex statutory and regulatory laws, including the California Environmental
Quality Act, National Environmental Policy Act, state and federal Clean Water Acts, state and
federal Clean Air Acts and other environmental laws affecting wastewater collection, treatment
and disposal.
Orange County Transportation Authority
Jason served as Deputy General Counsel to the Orange County Transportation Authority
("OCTA"). OCTA is a multi-modal transportation agency serving Orange County, which is akin
to the Transportation Agency for Monterey County. OCTA provides countywide bus and para-
transit service, Metrolink rail service, operates the 91 Express Lanes toll facility, and oversees
and constructs freeway, street and road improvement projects. As Deputy General Counsel,
Jason advised the OCTA's management team on Brown Act compliance, conflict of interest
laws, contractual rights and obligations, and environmental and land use issues relating to multi-
million dollar major transportation infrastructure and improvement projects. Jason was an
integral part of an OCTA taskforce to address the new climate change regulations set forth in AB
32 and SB 375 and he assisted OCTA's policy team in drafting proposed legislation amending
SB 375.
East Riverside County Interoperable Communications Authority
In 2008, Jason helped create and advised East Riverside County Interoperable
Communications Authority ("ERICA"), a joint powers authority responsible for the planning,
construction, operation and maintenance of an $8
million regional public safety communications
system in the Coachella Valley. For eight months, Jason advised and assisted the City Councils,
City Managers, Police Chiefs and City Attorneys from the cities of Palm Springs, Indio, Desert
Hot Springs and Cathedral City on the preparation of a joint powers authority agreement
pursuant to the Joint Exercise of Powers Act. Jason was responsible for drafting and presenting
multiple versions of the Joint Powers Agreement to the ERICA working group and ultimately the
inaugural members of the ERICA Board of Directors. Jason also advised the members on
potential funding options, including Proposition 218 issues.
2. City Experience
Jason served as the Assistant City Attorney for San Juan Capistrano. In that capacity, he
advised the Planning Commission at their regular and special public hearings. He also advised
the City on compliance with Affordable Housing laws, state and federal land use laws, including
the California Environmental Quality Act, Subdivision Map Act, the Planning and Zoning Law,
Telecommunications Act, state and federal preemption issues and constitutional law issues
relating to sign regulations, development impact fees and the imposition of conditions on land
development projects. Jason also advised the City on compliance with the Brown Act and
Conflict of Interest laws, including the Political Reform Act, Government Code section 1090 and
issues relating to incompatibility of offices in conjunction with Housing Law compliance,
Density Bonus Law compliance and he advised the City on its comprehensive overhaul of its
zoning ordinance.
Jason has also provided similar city attorney services for the cities of Tustin, Placentia,
Garden Grove, Laguna Hills, Rancho Santa Margarita, Indio and Palm Springs on a variety of
matters. In addition to advising the San Juan Capistrano Planning Commission, Jason has
advised the Cities of Tustin and Garden Grove Planning Commissions at their public hearings
and regularly appeared before other hearing bodies in these cities on agendized matters.
3. Special Counsel Experience
Los Angeles Unified School District
Between 2001 and 2004, Jason served as special counsel to the Los Angeles Unified
School District ("LAUSD") for their new school construction program. In this capacity, Jason
advised LAUSD on compliance with the California Environmental Quality Act prior to the
acquisition of property and ultimate construction of administrative facilities, new elementary,
middle and high schools, or other district facilities. Jason also advised LAUSD on issues
relating to compliance with City and County land use regulations and requirements and whether
educational facilities were subject to such requirements.
4. Public Entity Litigation Experience
Jason has represented public agencies in litigation as either lead counsel or co-counsel in
the following cases.
Save Our San Juan v. City of San Juan Capistrano (2008) [Orange County Superior
Court, Case No.: 30-2008-00100936-CU-WM-CJC]: Jason successfully defended the City of
San Juan Capistrano against a CEQA lawsuit challenging a Negative Declaration filed by a
citizen group challenging the City's approval of sign program for an existing office complex
at the gateway to the City.
City of San Juan Capistrano v. City of Laguna Niguel (2007) [Orange County
Superior Court, Case No.: 07CC 12192]. On behalf of the City of San Juan Capistrano, Jason
prepared and filed a Petitioner for Writ of Mandate against the neighboring City of Laguna
Niguel. The Petition alleged that Laguna Niguel violated CEQA, the Subdivision Map Act,
and its own ordinance when it approved a residential subdivision on a prominent and
undeveloped hillside overlooking the City of San Juan Capistrano. Jason assisted the City
Council and staff in brokering a settlement that provided significant concessions to reduce the
significant aesthetic and visual impacts on the City of San Juan Capistrano.
Coachella Valley Water District v. City of Indio et. al. (2007) [Riverside County
Superior Court, Indio Branch, Case No. Inc. 065049]. Mr. Retterer defended the City of Indio in
this CEQA case. This CEQA action was filed by a regional water district challenging the
adequacy of an EIR prepared for a 3,500 unit residential project in Indio. The lawsuit alleged
that the EIR failed to adequately analyze and mitigate the project's impact on the local
groundwater supply. The case ultimately settled.
Concerned Citizens for Intelligent Growth v. City of Indio (2007) [Riverside County
Superior Court, Indio Branch, Case No: 1NC069075]. Mr. Retterer defended the City of Indio in
this case. The lawsuit alleged that the City violated CEQA and the State Aeronautics Act when
it approved a mixed-use specific plan that was located within an Airport Land Use
Compatibility Planning area. The lawsuit alleged that the EIR failed to adequately analyze
numerous environmental impacts and failed to adequately address project alternatives. The
lawsuit also alleged that the City failed to comply with CEQA when it adopted findings to
override the Riverside County Airport Land Use Commission's finding that the project was
incompatible with its adopted plan. Petitioners agreed to dismiss the lawsuit with prejudice
pursuant to a settlement agreement that imposed minimal requirements on the City.
Communities for a Better Environment v. South Coast Air Quality Management
District (2004), [Los Angeles Superior Court, Case No. BS091275]. Mr. Retterer assisted in the
successful defense of the South Coast Air Quality Management District ("SCAQMD") in a
CEQA lawsuit brought by an environmental group and a labor union. The lawsuit challenged
the SCAQMD's CEQA compliance in connection with issuance of permits to construct and
operate equipment at a major oil refinery.
Sycamore Gardens Homeowners Association v. City of Tustin
(2003) [Orange County
Superior Court, Case No. 03CC07516]. Mr. Retterer assisted in the successful defense, at the
trial court and Court of Appeal levels, of the City of Tustin in this CEQA case, in which a
homeowners group filed a Petition for Writ of Mandate challenging the City's approval of an
EIR prepared for a project involving a street widening project. The trial court and Court of
Appeal denied the Petition, ruling for the City on all issues.
Mitchell v. Los Angeles Unified School District (2002) [Los Angeles Superior Court,
Case No. 074424]. Mr. Retterer assisted in the successful defense of the Los Angeles Unified
School District ("LAUSD") in this CEQA case. The Petitioner in the case challenged the
District's preparation of two negative declarations for two separate new elementary school
projects. The Petitioner dismissed the case with prejudice on the eve of trial in exchange for
LAUSD's agreement to waive costs.
Published Appellate Decisions:
Native American Sacred Site Environmental Protection Association v. City of San
Juan Capistrano (2004) 120 Cal.App.4th 961. Mr. Retterer successfully defended, at the trial
court and Court of Appeal, the City of San Juan Capistrano in a CEQA lawsuit brought by a
Native American Indian organization. In a published opinion, the Fourth District Court of
Appeal held that the City was not required to comply with CEQA prior to adopting, as is, a
"voter-sponsored" initiative, which contemplated build-out of a high school campus in the City.
5. Other Recognition/Honors
In 2011, Jason was appointed by Tom Torlakson, California's Superintendent of Public
Instruction, to serve on his advisory team for his "Schools of the Future Initiative." The
advisory team was comprised of education, state, labor, and business leaders, who developed
recommendations to the California Department of Education's (CDE) on school construction
reform and the development of high performance schools. Specifically, Jason worked with a
subcommittee to address performance issues relating to (1) funding and financing energy
efficient projects, (2) integration of renewable energy, (3) the promotion of green and
sustainable school construction and operational practices and (4) increasing the number of
"grid-neutral" schools.
Jason also sits on the Water Committee of the Grower-Shipper Association of Central
California and was recently appointed to the Board of Directors for the Salinas Old Town
Association.
B. BRAD SULLIVAN
Brad was admitted to the California Bar in 1983 and has 27 years of legal experience. Brad
manages the firm's Hollister office. Brad has advised public agencies on a variety of matters
impacting local governments and decision-making, with a primary focus on conflicts of interest,
open meeting laws, and land use/resource planning. While representing public clients, Brad has
also been involved in real estate acquisition, eminent domain, personnel matters, and franchise
negotiations. Brad is an experienced litigator with over fifty jury trials under his belt. He has
appeared before all levels of state and federal court, as well as a variety of administrative and
regulatory agencies. Below is a snap shot of the various public agencies that Brad has
represented and a description of his duties and responsibilities.
1. General/Special Counsel Experience
Brad was general or special counsel to River Pines Public Utility District, Union Public
District, Mace Meadows Community Services District and Bear Valley Sewer and Water
District. As general or special counsel to these districts, Brad drafted and reviewed ordinances,
resolutions and bylaws for Special Districts. Whether drafting, or reviewing the work of others,
Brad has nearly twenty years of experience in this area. He has drafted simple textual
amendments, comprehensive bylaw revisions and municipal code revisions concerning
development agreements, subdivision standards, employment/personnel, nuisance abatement,
waste water and sanitary, code enforcement and hearing ordinances.
2. City Attorney Experience
Brad served as the City Attorney for Sutter Creek for 12 years between 1992 and 2004.
As City Attorney, Brad advised the City Council and Planning Commission at public meetings,
represented the City at County Technical Advisory Committee meetings, routinely met with
project applicants and defended the City in lawsuits initiated by citizens' groups and applicants
whose projects were denied. Brad prepared deeds, easements, licenses, covenants and other
recorded instruments. Brad negotiated on behalf of the City and special district clients to acquire
property rights in lieu of condemnation and has proceeded with eminent domain actions.
Brad assisted city staff with preparation of employee handbooks, police policy and
procedure manual, miscellaneous employee policies, employment agreements, disciplinary
proceedings under both the Negotiated Memorandum of Understanding and the Police Officers'
Bill of Rights, represented the City in initial formation of employee associations under the
Meyers Milias Brown Act and represented the City in mediation and arbitration.
Brad reviewed all claims presented to the City and provided similar services to Special
Districts. The City of Sutter Creek was a member of a risk management pool and Brad worked
closely with it and the adjustors utilized. In matters of litigation, Brad worked with retained
counsel and investigators to minimize exposure. Also, Brad worked closely with the business
community of Sutter Creek to minimize exposure of city and businesses to ADA litigation.
Further, Brad's research in Sutter Creek revealed Cal Trans' responsibility for sidewalks along
the main street (State Highway 49) corridor. Additionally, Brad has served as an arbitrator for
other cities in the Central Sierra area, and served on the Labor Committee during his tenure on
the Amador County Board of Education/Board of Trustees-Amador County Unified School
District.
3. OTHER ATTORNEY EXPERIENCE
Other L+G attorneys have represented a wide range of public entities, including but not limited
to:
City of Brentwood, California
City of San Mateo, California
City of Pleasanton, California
City of Redwood City, California
City of Sutter Creek, California
City of Gilroy, California
Chualar Unified Elementary School District (Salinas, CA)
Santa Cruz County. Board of Education (Santa Cruz, CA)
Salinas City Elementary School District (Salinas, CA)
Santa Rita Union School School District (Salinas, CA)
San Benito County Office of Education (Hollister, CA)
Jefferson Union School District (Hollister, CA)
IV. Real Estate/Land Use
L+G's team of real estate experts has advised clients on a broad range of real estate issues
involving commercial, residential, industrial and agricultural property.
E
Our real estate/land use
team includes Jeff Gilles, Dennis Beougher, Patrick S. M. Casey, Brad Sullivan, Jason Retterer,
Soren Diaz, Paul Rovella, and Trinh Retterer. Over the years, L+G has developed particular
depth in real estate. Our real estate group is strategically situated to provide comprehensive legal
services addressing all facets of real estate ownership, use, investment and financing. We have
the experience and reach to manage the wide range of challenges faced by our clients, large and
small. L+G attorneys also have experience advising clients on appropriative and riparian water
rights, Carmel River water rights issues, groundwater rights in San Benito and Monterey
Counties, and the formation and management of small water systems. Specifically, L+G
attorneys handle or have handled the following types of transactions:
All aspects of pre-acquisition due diligence;
Acquisition and disposition including E RNs, purchase and sale agreements, DDAs,
property conveyance documents, common interest agreements, reciprocal easements and
other joint use agreements;
Retail/office/industrial and ground leasing; and
Residential leasing.
L+G attorneys are recognized experts in the field of land use law, based on decades of
experience advising clients on every aspect of the land use approval process. We are often
involved in controversial, high-profile projects that generate close scrutiny from the press,
community groups, local officials, and state legislators. We have advised and represented clients
in connection with master planned commercial and residential development, industrial projects,
redevelopment projects, military base reuse, schools and public infrastructure projects, including
freeways, sewage treatment plants and pipelines. We have handled matters involving virtually
every state and federal land use law including, among others, the following:
Planning and Zoning Law;
Water Rights
Affordable Housing Laws, including Housing E lement Law, Density Bonus Law, Anti-
NIMBY law, Second Unit Law;
Subdivision Map Act;
California E nvironmental Quality Act ;
Community Redevelopment Law;
Permit Streamlining Act;
Cortese-Knox Local Government Reorganization Act;
California Coastal Act;
The E ndangered Species Acts;
First Amendment/Sign Law;
The Religious Land Use and Institutionalized Persons Act;
Development Fee Law; and
Historic Preservation Laws.
IV. Real Estate/Land Use
We have advised clients on the adoption and amendment of general plans and specific plans, the
preparation of environmental impact reports and negative declarations, the issuance of variances
and conditional use permits, the imposition of conditions and exactions, nonconforming uses,
building regulations, the preparation and adoption of land use initiatives and referenda, nuisance
abatement, and compliance with affordable housing requirements. We have negotiated land use
matters with many federal, state, and local regulatory agencies, including, among others, the U.S.
Army Corps of Engineers, the U.S. Fish & Wildlife Service, the California Office of Historic
Preservation, the California Department of Fish & Game and many cities and counties.
We typically advise clients at every step of the land use process, including initial planning,
internal staff review, public review, project approval and, where necessary, litigation. We have
successfully defended many writ of mandate proceedings challenging land use approvals. Our
attorneys have also litigated damage claims based on constitutional issues such as regulatory
takings, due process, and equal protection.
V. Attorney Rsums
ATTORNEYS AT LAW, LIP
Jeffery R. Giles
Jeff is a principal and the managing partner of L+ G, overseeing a legal staff and
eight attorneys.
Jeff specializes in the areas of agriculture, land use and real estate for both local
and international clients. His in-depth legal and practical knowledge of
agricultural, land use and real estate matters, both in California and abroad, has
led to his appointment as an advisor to companies assessing their political risks
and business opportunities, a project advocate in land use matters, and an
arbitrator or mediator in agriculture, land use and real estate matters.
Jeff started his legal career in 1979 as corporate counsel for Bruce Church,
Incorporated, and affiliated companies, a grower, shipper and processor of fresh
vegetables. In 1985, Jeff founded his own law firm, which specialized in
agricultural and real estate matters, including liability issues related thereto. In
1998, Jeff merged his firm with the firm of Lombardo & Associates, creating
Lombardo & Gilles. In 2012, Lombardo & Gilles was reorganized and became
L+G, LLP.
Jeff graduated from the University of Santa Clara in 1976 with a Bachelor of Arts
Degree, where he honored in history. Afterwards, he graduated from McGeorge
School of Law, University of the Pacific, in 1979, and received his Juris Doctor
Degree that year. Jeff also received a Certificate of International Jurisprudence in
Salzburg, Austria, during his tenure at McGeorge School of Law, and in 1981,
attended the Monterey Institute of International Studies, receiving a language
certificate in Spanish for training for service abroad.
Jeff is active in community affairs and was the President and Chairman of the
Board of Trustees of the National Steinbeck Center from 2005-2007. Jeff is a
member of various agricultural associations such as Grower-Shipper Vegetable
Association, Western Growers Association, Monterey Wine Country Associates
and Monterey and San Benito Farm Bureaus. Ile is also a member of the
Monterey County Bar Association.
Jeff enjoys snow skiing, playing golf and traveling.
PROFILES
Dennis Beougher
Dennis is a member of the land use and public agency team at L+ G, where
he specializes in California Environmental Quality Act and Subdivision
Map Act questions and challenges, California's Coastal Act and urban
development planning.
His land use background includes a variety of matters ranging from
developing legal strategies to create urban limit lines to appearing
successfully in the Ninth Circuit Court of Appeals on Johnson v. City of
Pleasanton, 982 F.2d 350.
Since 1982, Dennis has worked throughout Northern California as both a
private practitioner and a city attorney for Redwood City, Pleasanton, San
Mateo and, most recently, the Cityof Brentwood. Prior to his legal career,
Dennis spent six years working as an urban planner for Livingston County,
Michigan
PROFILES
Patrick S. M. Casey
Patrick manages the business and real estate team, where his knowledge of
both accounting and business law makes him invaluable to clients in
advising on various real estate and business transactions.
As a licensed attorney and certified public accountant, his knowledge of
both the legal and tax implications of client business operations allows him
to effectively conduct complex negotiations for the sale, expansion or
merger of businesses. Patrick also advises clients on the legal and tax
implications of the Williamson Act statute, agricultural leases and easement
matters, incorporating or dissolving their business, and Section 1031 tax-
deferred exchanges.
Prior to joining L+G, Patrick started his career as a staff accountant for
Ernst and Whinney in Los Angeles, conducting audits of both public
companies and municipalities. After graduating from Loyola Law School
in 1993, he worked for KPMG Peat Marwick on expatriate tax issues. He
moved to Monterey County in 1994 and worked for law firms in both King
City and Salinas. He has continually represented clients with respect to
various corporate and real estate matters.
Patrick is a member of the Business Law Section of the State Bar of
California and a member of the Monterey County Bar Association. He is
on the Board of Managers for the Salinas YMCA and chaired the Board
from 2009 2010. He has also been involved in the YMCA's community
support campaign for the past fifteen years. Patrick is a graduate of
Leadership Salinas Valley (Class 14) and also Monterey County
AgKnowledge. Patrick has also taught paralegal courses in contract law
and corporate law at the University of California, Santa Cruz.
In his spare time, he enjoys spending time outdoors, either surfing, hiking
or cycling.
PROFILES
E. Soren Diaz
Soren heads the public agency and education team at L+G, practicing mainly in
public education as well as real estate, construction and product liability
litigation and other related matters. Soren currently serves as general counsel
for Chualar Union elementary School District. Additionally, Soren has provided
special legal services to various school districts on matters such as redistricting
services, inter-district transfer appeals, and teacher discipline.
Soren also has a strong background in litigation since 1991. He has handled
litigation matters ranging from personal injury to wrongful death and medical
malpractice. Soren has represented clients in numerous trials, arbitrations,
mediations and appeals. While at L+G, Soren has expanded his litigation skills,
successfully representing clients in extensive construction defect and product
liability cases, as well as real property and commercial disputes.
Soren has worked throughout Southern and Northern California and has been
admitted to practice in the Central, Eastern and Southern Districts of the United
States Federal Court in California.
Soren studied law at the McGeorge School of Law, University of the Pacific,
and was admitted to the California State Bar in 1991. Prior to attending law
school, Soren graduated from Southwestern University, Georgetown, Texas,
where he received degrees in foreign language and music.
Soren was born in Santa Cruz, Bolivia, and is fluent in Spanish, which allows
him to translate legal documents from English into Spanish and from Spanish
into English.
In his spare time, Soren enjoys traveling and playing the electric guitar.
PROFILES
Jason S. Retterer
Jason has practiced law for ten years. He has substantial experience in advising
public and private entities on a broad range of legal issues related to the
following areas: compliance with environmental laws such as the California
Environmental Quality Act, water quality laws, and federal and state hazardous
waste laws; general plan and zoning matters; subdivision map act; annexations;
Brown Act; Political Reform Act; and Public Records Act. As the Assistant City
Attorney for the City of San Juan Capistrano, advised the Planning Commission
at their public hearings. Jason has also advised the planning commissions for the
cities of Garden Grove, Tustin, Placentia, and Paramount.
Jason has advised several regional districts. Jason served as General Counsel for
the Midway City Sanitary District and has advised the Orange County Sanitation
District, Orange County Transportation Authority, Orange County Fire Authority
and Los Angeles Unified School District.
Prior to practicing law, Jason spent several years as a land use planning
consultant with a land use planning firm in Santa Ma, California, working
with builders, land developers, property owners and local agencies on land
entitlement procedures that covered a variety of environmental discipline
areas, including traffic and transportation planning, biological resource
management, acoustics, geotechnical engineering, and air quality
management,
Jason holds a J.D. degree from California Western School of Law (1997) and
a B.A. degree from the University of Southern California (1993), where he
majored in Political Science.
Jason is a member of the Rotary Club of Salinas and is on the Board of
Directors of the Salinas Old Town Association.
When he is not practicing law, Jason enjoys golfing, skiing, USC football, and
spending time with his wife, Trinh, and two daughters,
S:ydney>
and Morgan.
PROFILES
Paul A. Rovella
Paul is a member of the business team of L+G, where he has earned
considerable experience in the fields of business entity formations, state and
federal food safety standards, and public and private real estate transactions.
Paul also advises property owners on establishing water rights, including
appropriative, riparian, and overlying groundwater rights, and establishing and
managing water systems.
Paul is also a member of the public agency team, where he has earned
considerable experience in the fields of ground and facilities leasing, surplus
property sales, Education Code waivers and interdistrict transfers.
Paul, a Hollister native, received his kris Doctor degree in 2006 from Rutgers
University School of Law Camden. During law school, Paul interned for
United State Chief Magistrate Judge M. Faith Angell in the Eastern District of
Pennsylvania and the City of Philadelphia's Law Department. Paul also earned
valuable experience in insurance matters as a clerk for the Law Offices of
George N. Styliades, and Liberty Mutual Insurance Company in their in-house
Small Business, Home and Automobile Insurance Defense Department. Paul
also participated in Rutgers' Pro Bono Mediation and Volunteer Income Tax
Preparation programs. He is a member of the San Benito and Monterey County
Bar Associations.
Prior to becoming an attorney, Paul received a Masters in Business
Administration from National University and a Bachelor of Arts degree in
History from Sonoma State University. Paul also held an emergency credential
and served as a substitute teacher in Sonoma County. Additionally, Paul taught
the U. S. Constitution seminar at National University.
Paul is licensed to practice in the State of California and has been admitted to
practice in the United States District Courts in the Eastern and Northern
Districts of California.
Outside of the legal landscape, Paul is an avid backpacker and enjoys playing
golf.
PROFILES
Bradley W. Sullivan
Brad is the Manager of L+G's Hollister office, overseeing a variety of education
and business matters in San Benito County. In addition, Brad is a member of the
litigation team at L+G, having been involved in more than fifty jury trials,
successfully representing individuals, corporations and public agencies.
His civil trial experience includes food safety (product liability) issues,
professional negligence, products liability, construction defect, writ of mandate,
land use, environmental contamination and commercial litigation. He has also
tried cases in state and federal courts relating to the California Environmental
Quality Act, United States Clean Water Act and EPA-CERCLA Superfund
matters. Brad's litigation successes include the case of Russell Evett v. City of
Sutter Creek, where he successfully helped to define the scope of a citizen's action
under the United States Clean Water Act in front of the 9
th
Circuit Court of
Appeals.
Prior to joining L+G, Brad spent more than twenty years in general civil practice
and as the City Attorney for Sutter Creek. He has provided special and general
counsel services to other public agencies such as River Pines Public Utility
District, Union Public District, Mace Meadows Community Services District and
the Bear Valley Sewer and Water Districts.
Brad received his Juris Doctor Degree from Santa Clara University School of Law
and was admitted to the California State Bar in 1983. Prior to law school, Brad
studied at Brigham Young University and subsequently graduated from Santa
Clara University with a degree in Economics. In addition to his legal career, Brad
conducts training session on the Brown Act and conflict of interest law for the
California School Boards Association and local agency staff and is a frequent
speaker at the League of California Cities.
A fifth-generation Central Californian, Brad began his education at the Monterey
Peninsula College, where he was an All-Coast Conference football player. In his
spare time, Brad continues his love of sports by assisting with youth sports
programs
PROFILES
James W. Sullivan
Jim, the manager of the L+G Labor Department, brings more than thirty years of
experience as a civil litigator and specialist in labor relations.
Jim has handled numerous labor disputes, collective bargaining negotiations,
unfair labor practices and other workplace related lawsuits.
Jim worked as a staff attorney for the California Agricultural Labor Relations
Board prior to L+G. In 1984, he became vice-president and group general
counsel of Castle & Cook Fresh Vegetables, Incorporated, where he was
responsible for a full range of legal matters related to this agricultural company,
including labor planning in acquisitions and divestitures. From 1988 through
1998, Jim headed the Labor Department for Gilles, Minor and Sullivan,
representing employers before state and federal courts.
Jim received his Juris Doctorate in 1974 from Stanford Law School, where he
received the Hilman Oehlmann, Jr. Award for excellence in legal writing. Jim
graduated from Harvard University cum laude in Government in 1970.
Jim is a member of the Labor and Employment Section of the California State
Bar and the Monterey County Bar Association. He is a widely respected lecturer
on issues of employment and in his spare time enjoys cycling, hiking and scuba
diving.
VI. References
1. Ken Robbins, General Manager
Midway City Sanitary District
14451 Cedarwood Avenue
Westminster, CA 92683
(714) 893-3553
2. Roberto Rios, Superintendent
Chualar Union Elementary School District
24285 Lincoln Street
Chualar, CA 93925
(831) 679-2504
3. Douglas Holland, City Attorney
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760)-323-8299
INSURER: AXIS Insurance Company POLICY NUMBER: MLN 762443/01/2011
AXIS PRO MID-SIZE LAWYERS PROFESSIONAL LIABILITY POLICY
DECLARATIONS
THIS POLICY IS WRITTEN ON A CLAIMS MADE AND REPORTED BASIS AND COVERS ONLY CLAIMS
FIRST MADE AND REPORTED AGAINST THE INSUREDS DURING THE POLICY PERIOD OR THE
EXTENDED REPORTING PERIOD, IF APPLICABLE. THE LIMIT OF LIABILITY AVAILABLE TO PAY
JUDGMENTS OR SETTLEMENTS SHALL BE REDUCED AND MAY BE TOTALLY EXHAUSTED BY
AMOUNTS INCURRED AS CLAIM EXPENSES. PLEASE READ THIS POLICY CAREFULLY.
Item 1. Named Insured: Item 2. Policy Period:
Lombardo & Gilles, LLP (A) Inception Date September 1, 2011
318 Cayuga Street (B) Expiration Date September 1, 2012
Salinas, CA 93901 Both dates at 12:01 a.m. at the
address listed in Item 1.
Item 3. Limits of Liability (Inclusive of Claim Expenses):
$ 2,000,000 each and every Claim
$ 4,000,000 aggregate
Item 4. Retentions:
$ 25 000 each and every Claim
Item 5. Extended Reporting Period:
(A) Additional Premium: 125% (1 Year) or 250% (3 Year) of annualized premium for the Policy Period
(B) Length of Extended Reporting Period: 1 Year or 3 Year
Item 6. Notices to Insurer:
Notice of Claim(s) To Be Sent To: All Other Notices To Be Sent To:
AXIS Pro Claims AXIS Professional Insurance
Address: 300 Connell Drive, Suite 2000 Address: One State Street
P.O. Box 357 Suite 1700
Berkeley Heights, NJ 07922 Hartford, CT 06103
Facsimile: (908) 508-4389 Facsimile: (860) 707-1725
USCIairriNoticeBHaxiscapitat.com
Item 7. Terrorism Coverage:
Coverage Purchased by Named Insured: Yes No Ell
If yes, Terrorism Coverage Premium: $ N/A
Item 8. Premium: $62,641

LM 0100 (Ed. 0707)
Printed in U.S.A. Page 1 of 2
Authorized Representative
August 26, 2011
Date
Item 9. Endorsements Effective at Inception: No. 1 LM 0422 California Amendatory Endorsement;
No. 2 LM 1707 Mutual Consent Endorsement;
The Insurer has caused this Policy to be signed and attested by its authorized officers, but it shall not be valid
unless also signed by another duly authorized representative of the Insurer.
Andrew Weissert
President Secretary
Gregory W. Springer
LM 0100 (Ed. 0707) Page 2 of 2 Printed in U.S.A.
THOMAS K. PERRY (1904-1971)
------DONALD G. FREEMAN
LAWOFFICES
Perry and Freeman
SAN CARLOS BETWEEN Tr" AND Er,
POST OFFICE BOX805
Carrnel-Ly-the-Sea, California 93921
TELEPHONE
AREA CODE 831
624-5339
FAX(831) 624-5839
RECEIVED
AU G 24 2012
CIT Y
A T T O RN EY ' S 0 MO E A ugust 23, 2012
Monterey Peninsula Regional Water A uthority Board of Directors
ao Christine Davi, City A ttorney
City of Monterey
City Hall
Monterey, CA 93940
RE: Response to Requests for Proposals for Legal Services for the Monterey Peninsula Regional
Water A uthority
Dear Board Members:
T hank you for the opportunity to provide information in response to the request for proposals
for legal services for the Monterey Peninsula Regional Water A uthority.
(T h
T he law office of Perry & Freeman was established in 1971 as a general law, civil law, municipal
law, special district law, and estate planning, trust and probate law office. I am the founder,
principal attorney, sole proprietor and contact person for the office and am licensed in good
standing in the state of California and also admitted to practice before the Supreme Court of
the State of California, the United States District Court (N orthern and Southern Districts) and
the Supreme Court of the United States. Presently, I serve as a contract city attorney for the
cities of Carmel and Seaside, as legal counsel for the A ssociation of Monterey Bay A rea
Governments, and maintain a private practice in estate and probate law.
I have considerable knowledge and direct experience in municipal law, advising public bodies
on the Brown A ct, Political Reform A ct, and the Public Records A ct. Importantly for purposes of
applicability of legal services for the Monterey Peninsula Regional Water A uthority, I am very
familiar with the issues and interests related to water supply for the Monterey Peninsula and
the purpose and formation of the Monterey Peninsula Regional Water A uthority. My
knowledge and direct experience include service as a city attorney for two of the cities on the
Peninsula; attendance and conferring with other legal counsel regarding many meetings of the
A uthority to date; attendance at various meetings with, as well as conferences with staff and
legal counsels of, California A merican Water, the California Public Utilities Commission, Seaside
Basin Water Master, and the State Water Resources Control Board; and, full understanding of
the Cease and Desist Order driving replacement of water supply for the Cal-Am service area of
the Monterey Peninsula.
I understand and will perform the duties requested in the scope of services for the period
designated. Should the Board wish to consider contracting with me for services requested and
required, I am also willing to perform such services for an initial period of three months with
continuation subject to review and assessment by the Authority Board at the end of that
period.
Thank you again for the opportunity to be considered for provision of legal services for the
Monterey Peninsula Regional Water Authority. I look forward to hearing from you on this
matter. Should you desire any further information, please contact me.
Sincerely,
Donald G. Freeman
RESPONSE TO REQUEST FOR LEGAL SERVICES FOR
THE MONTERERY PENINSULA REGIONAL WATER AUTHORITY
Submitted by:
Donald G. Freeman, Lead Attorney
Law Office of Perry & Freeman
Post Office Box 805
Carmel-by-the-Sea CA 93921
Telephone: (831) 624-5339 Ext. 11
QUALIFICATIONS AND EXPERIENCE
The Law Office of Perry & Freeman was established in 1971 as a general law, civil law, municipal
law, special district law, and estate planning, trust, and probate law office. I have maintained
the office for over 40 years in both public and private practice. I currently serve as a contracted
city attorney for the cities of Carmel and Seaside, as legal counsel for AMBAG, and maintain a
private practice in estate and probate law. Additionally, I bring years of experience as legal
counsel for several special districts and joint powers agencies in the Monterey Bay/Central
Coast region. My experience and responsibilities include, but are not limited to, representation
in a variety of matters including legal and policy matters pertaining to administration of full-
service cities, zoning, ordinances and resolutions, housing, redevelopment, work with city
councils/agency boards of directors, city managers/agency directors and management staff,
coordination with consultants and the public, land use, planning, contracts, environmental law,
personnel and labor relation matters, annexation, water, sanitation, and litigation matters.
I have held a number of leadership and elected and appointed positions in service to the
community within several local and regional jurisdictions, agencies and organizations including
20 years on the Board of Trustees for Monterey Peninsula College and am currently serving a
second term on the Monterey College of Law Board of Trustees. I believe that I am respected
for my legal acumen, common sense, problem-solving abilities, demeanor, and solution
approaches to addressing and resolving issues, and that these qualities can have immeasurable
benefit in helping to contain MPWRA costs and litigation expenses, assist in efficiency and
conflict resolution, and assist in public perception of MPRWA and public entities.
understand the responsibilities of public sector officials and staff and regularly advise public
officials and staff about local governmental administration, public agency law and emerging and
adopted changes to law, ethics, the Brown Act, conflict of interest, public records requests,
environmental law, land use, planning and zoning laws, water, transportation issues and
planning, public sector funding, and effective intergovernmental relations. I have litigation
experience and regularly represent the cities of Carmel and Seaside in court appearances
related to many of these matters.
I have worked with the Monterey Peninsula Mayors and respective city staffs and special water
counsel Russ McGlothlin in the formation of the Monterey Peninsula Regional Water Authority
for the past two years. I have also represented the City of Seaside in the Seaside Water Basin
Water Adjudication litigation. At present, I assist the Water Master Board and staff, along with
other attorneys, in providing legal representation. I have also appeared before the State Water
Resources Control Board (SWRCB) representing the cities of Carmel and Seaside, and have
participated in many mediation sessions regarding the SWRCB order commonly known as the
Cease and Desist Order (CDO) along with attorneys and representatives of various interest
groups as well as staff and legal counsel for the SWRCB.
Should I be unavailable for some reason, William Conners has indicated willingness to assist in
the provision of services for the MPRWA as appropriate or necessary. Mr. Connors is currently
serving as city attorney for the Town of Atherton and maintains an office on the Peninsula. He
has over 20 years of experience as a city attorney in the Monterey Bay region. His
responsibilities have been similar to those described in reference to my experience and
responsibilities as a city attorney. Special litigation services, if and when appropriate and
necessary, will be provided by Jon Giffen with the law firm of Kennedy, Archer & Harray. Mr.
Giffen has experience in complex civil litigation involving public entities, contracts, real estate,
labor/employment, insurance, and malpractice law. If the Law Office of Perry & Freeman is
selected as General/Legal Counsel for the MPWRA, resumes for Mr. Connors and Mr. Giffen can
be provided as needed or requested.
CLIENT REFERENCES
With respect to references, you are more than welcome to contact anyone whom you believe
has knowledge of my experience and performance. Inasmuch as I currently provide services for
the cities of Carmel and Seaside as well as AMBAG, please feel free to contact any current or
past members of the councils, boards or staffs of these entities and to draw upon your own
Board's and individual experiences with me and observations about my knowledge, abilities and
performance. You may also wish to contact the following persons to obtain additional
information with respect to my abilities and knowledge:
Robert R. Wellington, City Attorney
City of Del Rey Oaks and City of Marina
857 Cass Street, Suite D
Monterey, CA 93940
Telephone: (831) 373-8733
Fax: (831) 373-7106
attys@wellingtonlaw.com
James G. Heisinger, Jr., City Attorney
City of Sand City
P.O. Box 5427
Carmel, CA 93921
Telephone: (831) 624-3891
Fax: (831) 625-0145
iim@carmellaw.com
David Laredo, City Attorney
City of Pacific Grove
Delay & Laredo
606 Forest Avenue
Pacific Grove, CA 93950
Telephone: (831) 646-1502
Fax: (831) 646-0377
dave@laredolaw.net
RATES AND BILLING POLICIES
General advisory services to be provided are proposed at the hourly rate of $250 per hour.
General advisory services/ordinary services include legal advice and legal opinions to MPRWA
on matters pertaining to procedures and Board actions, attendance at regular and special
meetings of the Board or board committees as requested, and action responsive to items as
noted in the requested scope of services. Should MPWRA desire to consider a flat monthly
retainer rate, it is proposed that the retainer rate shall be $2,500 per month to include general
advisory services and attendance at scheduled meetings, subject to review at the end of 90
days to ensure the rate is fair for both MPRWA and my firm.
Extraordinary legal services to be provided shall include preparation of complex legal
documents, representing MPRWA in court appearances, litigation, or in proceedings before
other public or administrative bodies, or legal services provided to any independent or separate
agency or entity of government not operated as an integral part of MPRWA. Such
extraordinary services are proposed at the rate of $350 per hour. General advisory services
provided by Mr. Connors, if needed, are proposed at the same rates of $250 per hour for
ordinary legal services and $350 per hour for extraordinary legal services. Special litigation
services provided by Mr. Giffen, if needed, are proposed at $350 per hour.
If the Law Office of Perry & Freeman is selected as General/Legal Counsel for MPRWA, an
employment agreement for legal services shall be developed to specify duties and
responsibilities, as well as compensation rates, between the contractor and MPWRA. For billing
purposes, an accounting of services and hours will provided by the Law Office of Perry &
Freeman to MPRWA on a monthly basis. Billing for other expenses shall generally be on the
basis of reimbursement for actual out-of-pocket expenses. Travel time within the region is not
anticipated to be separately charged. When specifically required to travel out of the county to
conduct MPR WA-related business, rates shall be billed at the hourly rate of $350 per hour and
expenses shall be billed as actual out-of-pocket costs, unless otherwise negotiated. There will
be no charge for actual travel time.
In submitting this response to the MPRWA request for legal services, it is understood that the
term of a proposed agreement shall be for two (2) years, with an option to extend the
agreement for one additional year at the discretion of the MPRWA. As noted in my cover
letter, I am also willing to perform services for an initial period of three months with
continuation subject to review and assessment by the MPRWA Board at the end of that period.
CONFLICT OF INTEREST
It is my desire and the desire of the Law Office of Perry & Freeman, and any and all attorneys
assisting me and the firm, to maintain an unbiased and legally and ethically appropriate
representation for MPRWA. There are no known conflicts at this time. In the event a conflict
should occur between the law firm of Perry & Freeman and MPRWA, or between me or other
attorneys noted in this proposal and MPRWA, or in representing the interests of MPRWA, such
conflict shall be noted, discussed, and alternate counsel may be retained by the MPRWA
specific to the item in question. If selected to provide legal services for MPRWA, I will pursue
obtaining waiver of conflict statements from each city I currently represent as well as from
MPRWA similar to the waiver obtained by special water counsel Russ McGlothlin.
INSURANCE
I am insured by Lawyers' Mutual Insurance Company and maintain Professional Liability
Insurance. A copy of my insurance policy/coverage will be provided if selected and as
requested.
A E L o r cy s- at Law ! Ralph W Thompson III
rwt@lawmonterey.com
cihe
TH O M P S O N
L A W O F F IC E
In the H istoric ? if iller Ado be (circal874)
580 C alle P rincipal, F irst F loor
M onterey, C A 93940-2812
TE L 831-646-1224
FA X 831-646-1225
WE B www.lawmonterey.com
' Richard G. Glenn
rglenn@lawmonterey.com
A ugust 24, 2012
F ir- C m -70r-
4116 2
4 2 0 1 2
C I T Y
A TTO RN E Y 'S O F F IC E
VIA E -M A IL A N D H A N D DE L IVE RE D
C hristine Davi
C ity A ttorney
C ITY O F M O N TE RE Y
C ity H all
M onterey, C A 93940
Re: Monterey Peninsula Regional Water Authority (MPRWA) Response to Request
for Qualifications - Legal Services.
Dear M s. Davi:
A ttached please f ind materials submitted in response to M P RWA 's Request f or
Qualif ications f or legal services. They include:
1. Description of Qualif ications and E xperience;
2. C lient and P rof essional Ref erences;
3. L ist of C urrent H ourly Rates and S chedule of C osts;
4. S tatements re: actual or potential conf licts of interest and insurance;
5. A ttorney P rof ile: Richard G. Glenn;
6. Thompson L aw O f f ice B rochure.
I hope this inf ormation is satisf actory. P lease let me know if you have questions.
Very truly yours,
THE THOMPSON L A W OFFICE
Richard G. Glenn
RGG:kk
E nclosures
A TTA C H IVE N Ta
DESCRIPTION OF QUALIFICATIONS AND EXPERIENCE
The Thompson Law Office, Richard G. Glenn, Designated Attorney
My entire career has been essentially dedicated to community development,
environmental and public agency law. A significant amount of this experience has specifically
dealt with water supply, wastewater and storm water issues. I have had first-hand administrative
experience under the greater community's existing water regime. Moreover, I have a thorough
understanding of California water law and policy based upon many years of practical experience.
I am familiar with all the legal, technical and environmental documents underlying our region's
current water crisis.
The Thompson Law Office is a progressive law firm strongly committed to community
service. Our office has been located directly across the street from Monterey City/Colton Hall
for over forty years. Ralph W. Thompson III and I currently serve on the boards of several
community service organizations. We both have had significant public agency experience,
ranging from serving as prosecutors to sitting as school board trustees. Our practice is focused
on the cost-effective delivery of quality legal services.
I have served as an attorney, project manager and city planner for several Northern
California local jurisdictions since 1973. I am the product of Monterey public schools, Cal Poly
and Santa Clara University School of Law. During and after law school, I worked in the
Pleasanton/San Ramon/San Jose area specializing in public agency, land use and environmental
matters. After retiring as Deputy City Attorney for the City of Roseville in 2001, I returned home
to Monterey. This "retirement" evolved into a small public agency law practice, followed by
engineering and project management positions with the Cities of Monterey and Seaside. At the
end of 2011, I "retired" again and joined Ralph Thompson at the Thompson Law Office.
During this career, I have had extensive experience advising public agency boards,
commissions and councils on the Ralph M. Brown Act (Government Code 54950 et seq.) at
innumerable public meetings; the Political Reform Act of 1974 (Government Code 81000 et
seq. and related statutes, i.e. Government Code 1090, etc.) through numerous consultations and
conflict of interest memoranda; and in Public Records Act (Government Code 6250 et seq.)
matters with respect to a wide range of public enquiry.
I was the principal deputy city attorney responsible for community development,
environmental, public project construction and financing matters at the City of Roseville. This
included a wide range of water-related public works projects involving the city, other public
agencies and private interests. In Roseville, I was also the city's litigation manager.
As redevelopment project manager for the City of Seaside, I served on the city's Water
Allocation Committee and worked with Russ McGlothlin of Brownstein Hyatt Farber and
Schreck, LLP on various water-related matters, I have followed MPRWA activities since its
inception, attending several Authority meetings. In the process, I have become quite attuned to
its members' and the public's concerns for a timely resolution of our water crisis. I have
carefully reviewed and assimilated the Authority's joint powers agreement and its bylaws.
On these bases, our office submits my qualifications to serve as legal counsel to the
Monterey Peninsula Regional Water Authority.
1
ATTACHMENT TO DESCRIPTION OF QUALIFICATIONS
Client and Professional References:
Donald Freeman
City Attorney
CITY OF SEASIDE
CITY OF CARMEL-BY-THE-SEA
Perry & Freeman
PO Box 805
Carmel, CA 93921
(831) 624-5339
Brian McMinn, PE, LS
City Engineer
CITY OF SOUTH SAN FRANCISCO
315 Maple Ave.
South San Francisco, CA 94080
(650) 829-6652
[formerly Principal Engineer, City of Monterey]
Stephen L. Vagnini
Assessor-County Clerk-Recorder
COUNTY OF MONTEREY
168 West Alisal Street
Salinas, CA 93901
(831) 755-5035
Robert R. Schmitt
Senior Deputy City Attorney
CITY OF ROSE VILLE
311 Vernon Street
Roseville, CA 95678
(916) 774-5325
Harbhajan S. "Harvey" Dadwal
Board of Directors
MONTEREY COUNTY CONVENTION
AND VISITORS BUREAU
1534 Fremont Boulevard, Suite D
Seaside, CA 93955
(831) 224-9191
Jeannie Goebel
Executive Director
HOUSING AUTHORITY OF THE
COUNTY OF MONTEREY
123 Rico Street
Salinas, CA 93907
(831) 775-5000
List of Current Hourly Rates and Schedule of Costs
Attorneys' Fees and Billing Practices: The Thompson Law Office's current hourly rates
are $300.00 per hour for Richard G. Glenn and $350.00 per hour for Ralph W. Thompson III.
Services provided to MPRWA under a fee agreement based on this description of
qualifications shall be subject to a 10% discount.
Richard G. Glenn shall be the primary attorney assigned to MPRWA matters. His
billing rate shall be discounted to $270.00 per hour. Ralph W. Thompson III services are
anticipated to be limited to specific litigation matters and special consultations, as
approved in advance by the Authority. Mr. Thompson's billing rate shall be discounted to
$315.00 per hour.
In the interest of cost-savings, $110.00 per hour shall be charged for specific legal support
services such as case management, research and related tasks as provided by legal assistants,
clerks or paralegals. Such services shall be specifically described in billing statements and shall
be employed wherever practicable in lieu of attorney services to reduce costs to MPRWA.
Additional costs and expenses may include, but are not limited to, the following:
1. Extraordinary long distance telephone calls and facsimile charges (telephone
charges plus $1.00 per page);
2. Extraordinary postage, courier, messenger and other delivery fees;
3. Extraordinary in-house copying and scanning charges at 250 per page (500 per
page for color copies), and actual copying charges by third parties;
4. Lexis, Westlaw or other online research charged at the firm's discounted rate
based on the percentage of use in relation to total use by all firm clients;
5. Automobile mileage at the IRS approved rate (currently 550 per mile - and all
other necessary travel-related costs and expenses such as air fare, parking fees,
and meals and lodging ("per diem"). Per diem travel allowance charges for meals
and lodging shall be based on actual charges or federal General Services
Administration (GSA) rates, whichever is less - see www.gsa.gov )
6. Investigation and related expenses;
7. Court filing and service of process fees;
8. Deposition fees and Witness fees; and
9. Arbitration, Mediation and Jury fees.
3
Statement re: Actual or Potential Conflicts of Interest
Richard G. Glenn and the Thompson Law Office have recently been selected to serve as
counsel to the Oversight Board for the City of Monterey Successor Agency (Board). This will
entail advising the Board in its role as the review and mediating authority overseeing the
dissolution of the former City of Monterey Redevelopment Agency. The Board consists of
elected and appointed officials representing the County of Monterey, Monterey Peninsula
Regional Park District, Monterey County Office of Education, Monterey Peninsula College and
the City of Monterey.
The Thompson Law Office is aware of no actual or potential conflicts of interest between
any member agency or official of MPRWA, nor is it aware of any such conflict of interest on the
part of any person or entity it represents. However, The Thompson Law Office shall request and
secure appropriate waivers from appropriate agencies with respect to any perceived conflict of
interest to the satisfaction of MPRWA.
Statement re: Insurance
The Thompson Law Office carries professional liability insurance under Carolina
Casualty Insurance Company Policy No. 91077672 in the amounts of $1,000,000/each claim;
$1,000,000/aggregate.
The Thompson Law Office carries general liability/business owner's package insurance
under Allied Insurance Policy No. ACP 7810680387 in the amounts of $1,000,000/each claim;
$2,000,000 general aggregate.
MPRWA shall be issued a general liability certificate of insurance and copy of the
specific endorsement naming it as an additional insured.
4
Past Positions
Redevelopment Project Manager, 2008-11, Member, Water Allocation Committee
City of Seaside
Private Law Practice, 2001-08
Engineering Division, City of Monterey
Deputy City Attorney/Special Deputy District Attorney, 1996-2001
City of Roseville and County of Placer
Attorney - Private Law Practice, 1988 -96
Hallgrimson, McNichols & McCann (now Berliner Cohen), San Jose, Pleasanton and San Ramon
Land Planning Consultant, 1984 - 88
Alexander and Associates, Pleasanton
Town Planner, Town of Danville
City Planner, 1973-84
City of Pleasanton
Notable Accomplishments and Cases
General Plan, City of Pleasanton
Comprehensive Municipal Code Revision,
City of Pleasanton
Zoning Administration and Code Enforcement,
City of Pleasanton
...irowth Management Program, City of Pleasanton
Hillside Development Ordinance, City of
Pleasanton
Affordable Housing Program, City of Pleasanton
General Plan, Town of Danville
Zoning Administration, Town of Danville
Litigation Manager, City of Roseville
Comprehensive Charter Revision, City of Roseville
Campaign Expenditures Ordinance, City of
Roseville
Administrative Citations and Remedies Ordinance,
City of Roseville
Street Excavation and Repair Ordinance,
City of Roseville
Comprehensive Zoning Ordinance Revision,
City of Roseville
Chairman, Board of Hearing Examiners,
City of Roseville
Project Area Amendment re: Eminent Domain,
City of Seaside
Real Estate Asset Management, City of Seaside
City of Seaside
Affordable Housing Program, City of Seaside
Corporate Counsel, Patmont Motor Werks (Go-Pede)
General Counsel, Preferred Capital Investment
Company
General Counsel, Jones Fresno Real Estate and
Property Management Group
Howard Jarvis Taxpayers Association v. City of
Roseville, 106 Cal.App.4th 1178 (2003), interpreting
the provisions of California Proposition 218 regarding
in lieu utilities franchise fees.
People v. Ostrander, Placer County Superior Court
(1998) first conviction in nation against bar owner
allowing smoking in a place of employment under
California Labor Code section 6404.5.
Personal Information
riard grew up in and around Monterey, is a product of local public schools, Cal Poly, San Luis Obispo and the Santa
Clara University School of Law. He and his wife Lori live in Monterey where they are active community volunteers.
They enjoy golf and spending time with family, friends and their dog Allie. Richard is also active in the Monterey Bay
MathCoants program, sponsored by the California Society of Professional Engineers, Monterey Bay Chapter, which
holds an annual math skills competition for regional middle-school students.
Past Positions
Redevelopment Project Manager, 2008-11, Member, Water Allocation Committee
City of Seaside
Private Law Practice, 2001-08
Engineering Division, City of Monterey
Deputy City Attorney/Special Deputy District Attorney, 1996-2001
City of Roseville and County of Placer
Attorney - Private Law Practice, 1988 -96
Hallgrimson, McNichols & McCann (now Berliner Cohen), San Jose, Pleasanton and San Ramon
Land Planning Consultant, 1984 - 88
Alexander and Associates, Pleasanton
Town Planner, Town of Danville
City Planner, 1973-84
City of Pleasanton
Notable Accomplishments and Cases
General Plan, City of Pleasanton
Comprehensive Municipal Code Revision,
City of Pleasanton
Zoning Administration and Code Enforcement,
City of Pleasanton
rowth Management Program, City of Pleasanton
Hillside Development Ordinance, City of
Pleasanton
Affordable Housing Prop-am, City of Pleasanton
General Plan, Town of Danville
Zoning Administration, Town of Danville
Litigation Manager, City of Roseville
Comprehensive Charter Revision, City of Roseville
Campaign Expenditures Ordinance, City of
Roseville
City of Roseville
Street Excavation and Repair Ordinance,
City of Roseville
Comprehensive Zoning Ordinance Revision,
City of Roseville
Chairman, Board of Hearing Examiners,
City of Roseville
Project Area Amendment re: Eminent Domain,
City of Seaside
Real Estate Asset Management, City of Seaside
City of Seaside
Affordable Housing Program, City of Seaside
Corporate Counsel, Patmont Motor Werks (Go-Ped0)
General Counsel, Preferred Capital Investment
Company
General Counsel, Jones Fresno Real Estate and
Property Management Group
Howard Jarvis Taxpayers Association v. City of
Roseville, 106 Cal.App.4th 1178 (2003), interpreting
the provisions of California Proposition 218 regarding
in lieu utilities franchise fees.
People v. Ostrander, Placer County Superior Court
(1998) first conviction in nation against bar owner
allowing smoking in a place of employment under
California Labor Code section 6404.5.
Personal Information
:lard grew up in and around Monterey, is a product of local public schools, Cal Poly, San Luis Obispo and the Santa
Clara University School of Law. He and his wife Lori live in Monterey where they are active community volunteers.
They enjoy golf and spending time with family, friends and their dog Allie. Richard is also active in the Monterey Bay
MathCounts program, sponsored by the California Society of Professional Engineers, Monterey Bay Chapter, which
holds an annual math skills competition for regional middle-school students.

Agenda Report

Item No: 6.


To: MPRWA Board of Directors

From: John Dunn, Interim Executive Director

Subject: MPRWA Executive Director Position
________________________________________________________________

At the September 12
th
Special meeting of the Authority, it was requested that the Boards earlier
decision to authorize the recruitment/selection of an Executive Director be re-visited. The
implication was that between the contract with the City of Monterey for the provision of Clerical
Services and the assistance of the Executive Director of the MPWMD who serves as Chairman
of the Technical Advisory Committee, the Executive Director position may not be needed.

For background information, the Authority Board Authorized, at your August 16
th
meeting, the
preparation of a job announcement, including a description of duties and responsibilities and,
with the assistance of the City of Monterey Human Resources office, the advertisement of the
position and the solicitation of proposals. Sixteen candidates submitted proposals which were
examined by the President designated Ad Hoc Committee, who recommended to the President
and Board that two candidates be interviewed, and a selection be made by the Board. That
matter could not be scheduled for the September 12
th
meeting because of a change in the meeting
time which made it a Special meeting.

The choices before the Authority are:

(a) to confirm your earlier decision, to proceed with the selection of an Executive Director,
or
(b) to determine that, under current circumstances, the position is not necessary.

If (a) above is selected then it would be necessary for the Authority to consider the
recommendation of the Ad Hoc Committee, or some variant of the Committees recommendation
as desired, interview the candidates in open or closed session, as the Board may choose, and
make, in open session, a selection of Executive Director.

In either decision, that the position is not necessary or that a new Executive Director is selected, I
will be ending my responsibilities as Interim Executive Director no later than September 30
th
in
order to devote more time to the affairs of the City of Seaside. I express my deep gratitude to the
Board for the important work you are doing on behalf of the larger Monterey Peninsula
community.

If further assistance is needed on this matter I will be happy to provide it.

Mayor Della Sala Chair
Mayor Bachofner, Vice-Chair
June 5, 2012
Page 2

TO MPRWA Board of Directors
FROM: Fred Meurer, City Manager on behalf of
John Dunn, Interim Executive Director
DATE: September 24, 2012
SUBJECT: Recommendation Regarding MPRWA Executive Director Position
Attached to this memo is a memorandum regarding appointing an Executive Director for
the JPA sent to you by Mr. Dunn on September 18 m. His memo highlighted the options
before the Board of MPRWA as a result of Board discussions at the meeting of
September 12th . Since Mr. Dunn developed that memo, the City Managers have had
an opportunity to review and develop their recommendations. Mr. Dunn will be out of
town on the night of the Board meeting. He has asked that I present the information to
the Board in his absence.
The six City Managers of the Peninsula cities unanimously agree that their
recommendation is that the Board of Directors move forward with the selection of an
Executive Director that is dedicated in his/her support of the Board objectives. Our
concern is that the authority will fall short of its potential without a dedicated Executive
Director. While each of the City Managers has contributed to the efforts of forming the
JPA and helping administer it in this interim period, we all have a shared concern that
there has been inadequate focus and professional management support being provided
to the Board. We believe that a Board decision to go without an Executive Director in
the future would severely undermine the Agency's ability to achieve its objectives.
Therefore, we unanimously recommend that you move forward with the selection of an
Executive Director. If you are not satisfied with the recommendations of the
subcommittee, the Board should invite additional applicants for interview to find the
right individual that will be dedicated to your collective success.
MONTEREY PENINSULA REGIONAL WATER AUTHORITY
580 PACIFIC STREET
MONTEREY, CA 93940
A LEADERSHIP VOICE TO ADDRESS THE PRESSING NEED OF ENSURING THE REGION CONTINUES TO HAVE A SAFE,
SUSTAINABLE, AND REALIABLF WATER SUPPLY
August 30, 2012
Item No: 2.
Mr. Chuck Della Sala
President, MPRWA
Monterey City Hall
580 Pacific Street
Monterey, CA 93940
Dear President Della Sala,
You earlier designated the undersigned as the Ad Hoc Committee of the Board to examine the responses received
from the Executive Director and the Legal Services Requests for Proposals. This letter will only deal with the
Executive Director position; we will deal separately with the Legal Services contract.
The Authority received sixteen applications for the position of Executive Director. We thoroughly reviewed
these applications, and are recoinmending that the Board interview the top two candidates, whom we believe to
be Sue McCloud and Bill Hood.
Our primary criteria that we applied to the candidates for this position were:
1. Familiarity and knowledge about the Monterey Peninsula, particularly its government structure and
operations.
2. Familiarity and knowledge about the water issue (Cal Am service area) on the Monterey Peninsula.
Given the impending issue facing the Authority, and the issues soon going before the CPUC, and the CPUC
deadline of December 31, 2016, we believe we do not have the time luxury or a longer employee orientation
period.
3. Demonstrated ability to get the job done.
4. The ultimate criteria is what person can best help the Authority achieve the goal of gaining a long-term
water supply prior to the PUC-established deadline.
5. A compensation package that is affordable to the Authority.
We also considered the advantages/disadvantages of a consultant contract vs. an employment agreement and
recommend that the Authority pursue a consultant contract with the selected person.
We would leave to you and the Board whether we should use a closed session or an open session
interview/selection process. We hope that the selection/contract negotiation can be completed by no later than the
Board meeting of September 13, 2012.
Thank you for giving us the opportunity to serve the Authority Board in this cap
&-kc
Carmelita Garcia 'David Pendergrass
Mayor Mayor
City of Pacific Grove City of Sand City

CI TY OF MONTEREY
i nvi t es appl i cat i ons f or t he posi t i on of :
EXECUTI VE DI RECTOR
Mont er ey Peni nsul a
Regi onal Wat er Aut hor i t y

An Equal Opport unit y Employer

Salary: Under Review
SALARY:
OPENI NG DATE: 08/ 13/ 12

CLOSI NG DATE: 08/ 24/ 12 05: 00 PM

DESCRI PTI ON:

The Mont er ey Peni nsul a Regi onal Wat er Aut hor i t y

The Mont erey Peninsula Regional Wat er Aut horit y ( MPRWA) was creat ed in early 2012. MPRWA
is a Joint Power Aut horit y ( JPA) t hat consist s of six cit ies, t he Cit ies of Carmel- by- t he- Sea, Del
Rey Oaks, Mont erey, Pacific Grove, Sand Cit y and Seaside. The purpose is t o st udy, plan,
develop, finance acquire, const ruct , maint ain, repair, manage, operat e, cont rol and govern
Wat er Proj ect s eit her alone or in cooperat ion wit h ot her public or privat e non- member
ent it ies. The Execut ive Direct or shall be appoint ed by t he Board of Direct ors and shall serve as
t he Chief Administ rat ive Officer of t he Aut horit y.

Appl i cat i on Pr ocess

Applicant s are required t o submit a cover let t er of int erest , resume, list of references, and
compensat ion requirement s t o include base salary by August 24, 2012 at 5: 00 p.m.

The cover let t er of int erest shall be a one- page st at ement about your desire t o serve in t his
posit ion and an overall st at ement of your suit abilit y/ capabilit y for t his posit ion. A no- more- t han-
2 page resume shall include relevant j ob experience, educat ion and special qualificat ions. An
addit ional one page list of references and compensat ion requirement s is t o be submit t ed as well
and should include your preferred salary. I t is not ant icipat ed t hat t here will be any benefit s
associat ed wit h t his posit ion.

Please e- mail your int erest mat erial t o grusso@ci. mont erey. ca. us by t he August 24t h deadline
of 5: 00 p. m. Any quest ions about MPRWA or t he posit ion please call Fred Meurer, Cit y Manager
of t he Cit y of Mont erey ( 831- 646- 3760) or John Dunn, I nt erim Cit y Manager of t he Cit y of
Seaside ( 831- 899- 6701 or 831- 394- 7849) .

EXAMPLES OF DUTI ES:

The j ob dut ies list ed below are illust rat ive but not exclusive of t he dut ies and responsibilit ies of
t he posit ion.

Policy Relat ed Funct ions:
Page 1 of 3 Job Bulletin
9/19/2012 http://agency.governmentjobs.com/montereyca/job_bulletin.cfm?JobID=510676
1. Work wit h t he Chairperson of MPRWA t o prepare t he agenda for t he fort hcoming meet ing,
and maint ain a list of candidat e it ems for subsequent meet ings.
2. Prepare recommendat ions on policy mat t ers and act ion it ems, as request ed by or agreed
upon by t he Board.
3. Respond t o Board member request s for informat ion, request s t o add it ems t o t he agenda
or t o consider cert ain issues.
4. Prepare press releases t o inform press/ media, t o keep public informed of MPRWAs act ions
and posit ions.
5. Address request s for informat ion or st at ement s by public and media represent at ives as
appropriat e, or refer such inquiries t o t he Chair or ( in his or her absence) t o t he Vice
Chair of t he MPRWA.
6. Coordinat e and work effect ively wit h t he Chair of t he Technical Advisory Commit t ee,
part icularly wit h regard t o Board delegat ions and placing TAC mat t ers before t he Board
for considerat ion/ act ion.
7. Work wit h Board members t o develop improved means of report ing t he act ions/ posit ions
of t he Board back t o t he member agencies.
Policy/ Administ rat ive Funct ions:
1. Serve as liaison t o t he Cit y Managers of t he member Cit ies, elicit ing t heir help and advice
on MPRWA issues.
2. Maint ain a list ing of fort hcoming California Public Ut ilit ies Commission ( PUC) workshops
and hearings, and assist t he Board in developing posit ions and inst ruct ing t heir
represent at ives.
3. Coordinat e wit h person or firm providing legal services t o see t hat Board request s are met
in a t imely way and t hat t heres a unified approach t o present at ions t o t he Board.
Administ rat ive Funct ions:
1. Work wit h t he person/ agency providing Clerk services on issues relat ing t o agenda
preparat ion, recordat ion of minut es, review of minut es, maint enance of MPRWA records,
complying wit h Public Records Act request s, use of t echnology t o expedit e MPRWA
business, and relat ed mat t ers.
2. Provide fiscal agency/ banking services for MPRWA or, if a member agency is t he
designat ed fiscal agent , coordinat e wit h t hat agency on financial mat t ers, and coordinat e
wit h t he Board member designat ed as t he MPRWA Treasurer t o maint ain account s of
MPRWA.
3. Prepare budget necessary t o support agencys abilit y t o perform funct ions as det ermined
by t he Board of Direct ors.
4. Maint ain a list of and administ er cont ract s t hat have been approved by MPRWA.
5. Maint ain working files as necessary t o administ er t he core funct ions.
6. Arrange for places for regular and special meet ings of MPRWA, unless delegat ed t o
anot her part y.
7. Develop programs as necessary t o implement policy direct ion of Board.
8. Develop a policy binder so t hat all adopt ed Board policies are properly maint ained and
easily ret rieved.
9. Prot ect , maint ain and keep invent ory of MPRWA propert y and equipment .
10. Schedule meet ings of such Commit t ees ( Regular and Ad Hoc) as t he MPRWA have
creat ed, and coordinat e wit h Chair t o see t hat t he work of MPRWA proceeds.
11. Performs ot her dut ies as required t o best ensure t he smoot h operat ion of MPRWA.

TYPI CAL QUALI FI CATI ONS:


MPRWA is seeking a well- qualified Administ rat or who has experience wit h a Public Agency Board
of Direct ors on mat t ers of public policy. The person should have general knowledge of California
law governing public agencies and t heir governance including t he Brown Act and t he Public
Records Act . The person must have an et hical commit ment t o fair, open and accessible and
honest government . The Execut ive Direct or should be an effect ive manager, capable of working
wit h people of diverse backgrounds and different perspect ives, and be fully explanat ory and
art iculat e in t he writ t en and spoken word.

The Execut ive Direct or must have a posit ive record of experience of working wit h public agency
legislat ive bodies, and be sensit ive t o t he needs of Board members as t hey deal wit h t heir fellow
Cit y Council members and const it uent s.

I t is helpful and desirable t hat t he Execut ive Direct or have some familiarit y wit h t he
government al st ruct ure of t he Mont erey Peninsula and t he wat er supply issues of t he Peninsula;
however, it is import ant t hat t he person not be ident ified wit h or locked int o a posit ion which
would prevent fair and obj ect ive t reat ment of t he issues and proj ect s before t he Aut horit y.

The posit ion of Execut ive Direct or will be approximat ely a half- t ime posit ion, so t he person
holding t his posit ion should have 20 hours a week available for t his t ask, wit h t he realizat ion
t hat some weeks may require more hours and less for ot her weeks. This would include MPRWA
meet ings which are scheduled for t he second and fourt h Thursday evenings from 6- 9 p.m.
( approximat ely) , and occasional special meet ings. There will be a need for occasional meet ings
wit h t he Board Chair, Board Commit t ees ( usually Ad Hoc) including t he Chair of t he Technical
Advisory Commit t ee, legal counsel and t he clerical services provider.
APPLI CATI ONS MAY BE FI LED ONLI NE AT:
ht t p: / / www. mont erey. org

OUR OFFI CE I S LOCATED AT:
735 Pacific St reet ; Suit e B
Mont erey, CA 93940
831- 646- 3765
831- 646- 3765
grusso@ci. mont erey. ca. us

An Equal Opport unit y Employer
Job #
EXECUTI VE DI RECTOR MONTEREY PENI NSULA REGI ONAL
WATER AUTHORI TY
GR

Agenda Report

Item No: 8.

06/11
FROM: President Della Sala
Prepared By: Secretary to the Board

SUBJECT: Information

Regularly scheduled meetings for the MPRWA through the end of year 2012 are as follows:

1. October 11, 2012 at 7:00 p.m.
2. October 25, 2012 at 7:00 p.m.
3. November 8, 2012 at 7:00 p.m.
4. December 13, 2012 at 7:00 p.m.
5. December 27, 2012 at 7:00 p.m.


MPRWA Regular Meeting Packet 09-27-12

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Monterey Peninsula Regional Water Authority (MPRWA)

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