Exhibits A-J To Declaration Stephen P. Collins Pgs 1-72 10-09-14

2
3
4
JAMES L. MARKMAN (Bar No. 43536)

jmarkman@rwglaw.com
B. TILDEN KIM (Bar No. 143937)
tkim@ rwglaw .com
KYLE H. BROCHARD (Bar No. 293369)
kbrochard @rwglaw .com
RICHARDS, WATSON & GERSHON, A P.C.
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Telephone: 213.626.8484
Facsimile: 213.626.0078
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
OCT 09 2014
Clerk of the Court
BY: ROMY RISK
Deputy Clerk
MARK FOGELMAN (Bar No. 50510)

8 mfogelman@friedmanspring.com
RUTH STONER MUZZIN (Bar No. 276394)
9 rmuzzin@ friedmanspring.com
FRIEDMAN & SPRINGWATER LLP
10 33 New Montgomery Street, Suite 290
San Francisco, California 94105
11 Telephone: 415.834.3800
12 Attorneys for Defendant, Cross-Complainant, and
Cross-Defendant
13 MARINA COAST WATER DISTRICT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
16 CALIFORNIA-AMERICAN WATER
COMPANY, a California corporation,
17
Plaintiff,
V.
18
19 MARINA COAST WATER DISTRICT;
MONTEREY COUNTY WATER
20 RESOURCES AGENCY; and DOES 2
through 10, inclusive,
21
Defendants.
22
Case No. CGC-13-528312

EXHIBITS A-J to DECLARATION OF
STEPHEN P. COLLINS IN
OPPOSITION TO MONTEREY
COUNTY WATER RESOURCES
AGENCY'S MOTION FOR SUMMARY
ADJUDICATION
IExempt from filing fees
pursuant to Govt. Code 6103]
Date: October 23, 2014

Time: 9:00a.m.
Dept: 304
23
Complaint Filed:
24 1 1 - - - - - - - - - - - - - - - - i Cross-Complaint Filed:
October 4, 2012
Nov. 19,2012
April 17,2014
December I , 20 14
25 AND RELATED CROSS-ACTIONS.
Trial Date (phase one)
26
Jud2:e: Hon. Curtis Karnow
27
28
! j')')J_(\(l(\<;\}7<;7{.(\(l\'l cinl'
In compliance with Rules of Court, Rule 3.1350(g), Marina Coast Water District
2 (Marina) provides the following Exhibits referenced in Marina's Memorandum In

3 Opposition to Monterey County Water Resources Agency's Motion for Summary
4 Adjudication, and the Stephen Collins Declaration:
5 Exhibit
6
"A"
Criminal complaint styled "People of the State of California v. Stephen P.

Collins
7
8
Description
"B"
RMC Contract With Stephen Collins, dated January 8, 2010 ("RMC

Contract")
10
"C"
Minutes of April 5, 20 I 0 Monterey Board of Directors meeting
11
"D"
Minutes of September 27, 20 I 0 Monterey Board of Directors meeting
12
"E"
Amendment I to RMC Contract
13
"F"
Amendment 2 to RMC Contract
14
"G"
Amendment 3 to RMC Contract
:;:::'
15
"H"
Minutes of December 13, 2010 Monterey Board of Directors meeting
"" "'
:r: z
16
"I"
Minutes of January 24, 20 I I Monterey Board of Directors meeting
17
"J"
Minutes of February 28, 2011 Monterey Board of Directors meeting
:z
IJ)
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RICHARDS, WATSON & GERSHON

FRIEDMAN & SPRINGWATER
By:
/s/ James L. Markman

James L. Markman
Attorneys for Defendant, CrossComplainant, and Cross-Defendant
MARINA COAST WATER DISTRICT
-IEXHIBITS A-J
to
DECLARATION OF STEPHEN P. COLLINS
EXHIBIT "A''
! DEAN D FLIPPO
!District Attorney
!MONTEREY COUNTY
!BY' STEPHANIE HULSEY
/Assistant District Attorney
!230 CHURCH ST MOD #3
!SALINASr CA 93901
2
3
FILED
!Telephone: (8311 755-5070

I
!Attorneys for Plaintiff
I
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I
NOV 15 2tl11
CONNIE MAZZEI
1
.f~ff-l
Ji!fJfl:!lfil'B!l;'!R COURT
'-"--=~=:.:.:.:::::_::::.r:JEpury
I
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1
I
co~v:
I
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I
/.
I
SUPERIOR COURT OF CALIFORNIA,
I
I
I
COUNTY
SALINAS DIVISION
I
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]The People of the State of California,
)
I
I
l
Plaintiff,
)
10
ll
12
I
I
v.
I
)STEPHEN PHILLIP COLLINS,
I
13
14
I
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I
)
I
No
DA C.;:J.se
DA Case:.COM 0393l2b
COMPLAINT
ARRAIGN DATE'
15
the undersigned,
say,
I I,
17
I
I the County of MONTEREY,
on information and belief,
that in
IGC
CONFLICT OF INTEREST
1090
001,
!COUNT'
On or aboe t
JANUARY
8,
2 010'
the crime of CONFLICT OF INTEREST,
21
12010,
I
22
!GOVERNMENT CODE SECTION 1090,
a FSLONY,
who did,
in violation of
I
I
was committed by STEPHEN
while a Director on the Board of
24
I Direct:ors of the Monterey County Water Resources Agency, become

!
25
26
!financially interested in a contract made by him in his officj.al

!capacity,
and by a body and board of which the defendant was a
27
!member,
to wit:
REIMBURSEMENT AGREEMENT.
I
28
l.
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I
I
I
I
!PHILLIP COLLINS,
THROUGH Ft~RUARY 28,
23
i
1
I
State of California:
I
I
I
19
I
I
I
I
I
I
Defendant ( s) . )
16
18
I
I
11/16/2011/
1---------------------------------------~;C:l\ \d-l~epA
1
1
20
Of MONT-ERE'{
IGC
CONFLICT OF INTEREST
1090
ICOUNTo 002, for a further and separate cause of comp~aint, being

I
Ia different offense from but connected in its <!.omm.tsSion with
I
1 the charge set f"orth in Count 001, complainant further complains
3
4
land says:
On or about JANUARY 8,
2010,
!the crime of CONFLICT OF INTEREST,
THROUGH APRii 30,
2010,
in violation of _GOVERNMENT
I CODE SECTION
I
!COLLINS,
1090,
who did,
FELONY 1
was
commit ted by S__TEPHEN PHILLIP
I
l the Monterey County Water Resources Agency,
I
I
I
while a Director on the Board of _Directors of
become f.'inancially
!interested in a contract made by him in his offi~ia~_capacity,
10
I
I
) and by a body and board of which the defendant 'was a member,

I
f wit; SE'rTLEME;NT AGREEMENT /WATER PURCHASE AGREEMENT,:
I
I
I
11
12
13
to
GRAND THEFT BY FALSE PRETENSES

IPC
487(AI
I
------------------------------~
15 ICOUNTo 003, for a further and separate cause of. comp..laint, being
I
16 Ia different offense from but connected in its commL!?sion with
I
17 !the charge set forth in Count 002, complainant.'furt~er complains
I
18 land says: On or about NOVEMBER 17, 2008, the crime of GRAND
I
19 !THEFT BY FALSE PRETENSES, in violation of Section 487(a) of the
14
21
!who did knowingly and designedly,

I
a FELONY,
was committed by STEPHEN PHILLIP COLLINS,
by any false or fraudulent
]representation or pretense, defraud any other person of money,

I
23
]labor or real or personal property,
24
! fift:y
in excess
6~
nine hundred
I
dollars
($950),
to wit,
MONEY the propert.Y of OCEAN MIST
I
IFARt1S.
I
26
I
27
28
I
I
\PC
I
I
I
I
I
I
I
I
I
!Penal Code,
25
I
I
..
20
22
I
I
487 (A)
!COUNT:
004,
GRAND THEFT BY
FALSE PRETENSES
---------------------------~--
for a further and separate cause of complaint, being
2.
I
I
I
I
I
I
I
I
I
Ia different offense from but connected in its commirision with
I the chrge set forth in Count 003,

I
/and says: On or about DECEMBER 12,
2
3
!THEFT BY FALSE PRETENSES,
!Penal Code,
complainant2008,
~urther
complains
I
I
the crime of GRAND
~87{a)
in violation of Section
I
I
of the
FELONY,
f~auctulent
by any false or
/who did knowingly and designedly,
I
I
I
I
I
I
I
7
!representation or pretense, defraud any other person of money,
!labor or real or personal property,
I
!
ififty dollars
I
!FARMS.
!
11
($950),
co wit,
in excess
Qf
nine
~undred
I
I
MONEY the property of._ OCEAN MIST
I
I
I
I
I
I
12
I PC
13
I
ICOUNT:
14
I
la
487 (A)
005,
different
GRAND THEFT
for
BY FALSE
offense from but connected in its
lthe ~harge set forth in Count 004,
15
PRETENSES
------------------------------.
further and separate cause of complaint,
commi~sion
complainant'~further
being
I
I
with
complains
16
/and says: On or about JANUARY 13,
17
I
I BY FALSE PRETENSES,
18
I
ICode,
a FELONY,
2009,
the crime of GRAND
THE~T
I
I
.in violation of Section 487 (a)
o.f the Penal
I
I
I
who
19
ldid knowingly and designedly,

I
20
21
llabor or real or personal property,
I
I
22
!fifty dollars
in excess pf nine hundred
I
I
($950),
to wit,
MONEY the property ofOCEAN MIST
23
I FARMS.
24
25
IPC
I
I
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I
I
I
26
27
4 8 7 (A)

--------------------------~--further and separate cause of com~~ainl,
!COUNT: 006, for a

being
I
Ia different offense from but connected in its commission with
I
28
I the charge set forth in Count 005,

I
3.
complainant further complains
I
I
I
I
I
I
land says:
On or about FEBRUARY 11,
2009,
the crime
Of
GRAND
! THEFT BY FALSE PRETENSES, in violation of Sect_i0n 487 (a) of the

I
I Pe?nal Code~ a FELONY, was commit. ted by STEPHEN. PHILLIP COLLINS,
2
3
1 who did knowingly and designedly,
by any false _or f-raudulent
1 representation or:
I
defraud any other person_ of money,
pretense,
in excess of nine hundred
I fifty dollars
to wit,
MONEY the
proper~y
of-OCEAN MIST
I PARMS.
I
I
8
9
($950),
10
IPC
487(A)
11
!COUNT: 007, for a further and separate cause of_complaint, being

I
1 a different offense from but connected in its c-ommLSsion with
I
1 the charge set forth in Count 006, complainant furt0er complains
12
13
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I
------------------------------
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14
land says:
15
I
IBY
On or about MARCH 11,
2009,
I
I
the crime. of qRAND THEFT
FALSE PRETENSES,
in violation of Section 487(a)
of the Penal
!Code, a FELONY, was committed by STEPHSN PHILLIP COLLINS,

I
!did knowingly and designedly, by any false or f~audulent
16
17
who
I
I
18
!representation or pretense,
defraud any other p:erson of money 1
19
I fifty dollars
pe~sonal
($950),
property,
to wit,
MONEY the property of OCEAN MIST
21
23
IPC
?.4
I
!COUNT:
487(AI
008,
GRAND THEFT BY
for a
~ALSE
PRETENSES
I
being
Ia different offense from but connected in its commission Hith

I
26
!the charge set forth in Count 007,
27
28
I
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I
I
I
I
I
I FARMS.
22
25
I labor or real or
20
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!and says: On or about APRIL 15, 2009, the crime of GRAND THEFT
I
! BY tP..LSE PRE:TENSES, in violation of Section 487 (a) of the Penal
4.
I Code, a FELONY, was committed by STEPHEN PHILLIP CO-l;LINS,

I
!did knowingly and designedly, by any false or fralJ~~lent
3
4
/representation or pretense, defraud any other person of money,

I
!labor or real or personal property, in excess of nine hundred
I
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!fifty dollars
who
{$950),
to wit,
I
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MONEY the property of .OCEAN MIST
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I
6
I FARMS.
I
IPC
I
I COUNT'
:. .
I
487(AJ
009,
--------------------------~---
for a further and separate cause of com-PJaint, being
I
I
Ja different offense from but connected in its
10
c~mm~~sion
with
I
I the charge set forth in Count 008, complainant :furt.l1er compl~ins
I
I and says: On or about MAY 15,. 2009, the crime Of GRAND THEf"T BY
11
12
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I
I
I
I
I FALSE PRETENSES 1 in violation of Section 487 (aJ .. of "t}te Penal
I
! Code, a t:'ELONY, was commj_ t ted by STEPHEN PH .IJ... LI P COJ;_,LINS"' who
13
14
I
!did knowingly and designedly,
I
15
by ar1y false
or
fraudulent
16
17
I labor or real
I
I fifty dollars
I
I FARMS.
I
18
19
or personal property,
($950),
to wit,
MONEY the property o~ OCEAN MIST
I
21
I PC
487 (A)
Ol01
GRAND THEFT
PRETENSES.
ICOUNT:
23
I
Ia different offense from but connected ln its commission with
24
I
! the
set
FALSE
22
charge
for
BY
-----------------------------further and separate cause of'comPlaint,
forth
in Count 009,
being
complainant. furthor complains
25
26
land says: On or about JUNE 15, 2009, the crime~of GRAND THEFT BY
I
I FALSE PRETENSES, in violation of Section 4 8 7 I a) of the Penal
I
2"7
~.Code,
FELONY,
was committed by STE:PHEN PHILLIP COLLINS,
28
5.
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20
who
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defraud any other person of money,
I
!labor or real
I
! fifty dollars
($950),
to wit,
in excess 6'f nine hundred
MONEY the property of dCEAN MIST
I
I FARMS.
I
I
!PC
GRAND THEFT BY FALSE
487(A)
!COUNT:
011,
for a
PRETENSES
further and separate cause of.comp).aint, being
!a different offense from but connected

I
!the charge set forth in Count 010, complainant ~furth~r complains
8
9
On or about JULY 15, 2009, the crime

I
)FALSE PRETENSES, in violation of Section 487(a)
I and says:
10
11
I
I Code,
I
12
FELONY,
Ot
G~AND THEFT BY
I
of the Penal
was committed by STEPHEN PHILLIP CdLLINS,
who
!did knowingly and deRignedly, by any false or fraudulent

I
!representation or pretense, defraud any other persOn of money,
13
14
19
!labor or real or personal property, in excess of ni~e hundred

I
/f~fty dollars
($950}, to wit, MONEY the proper}y of DCEAN MIST
I
I FARMS.
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,.
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I
IPC
487(A)
20
!COUNT: 012,
15
16
17
18
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for a f"urther and separate cause of.comp1aintr being
21
Ia different offense from but connected in its ccimmiision with
22
lthe charge sat forth in Count 011,
complainant fur;her complains
24
land says: On or about AUGUST 14, 2009, the crime of GRAND THEFT
I
IBY FALSE PRETENSES, in violation of Sect:. ion 487 (a) .of the Penal
25
23
Code,
FELCNY,
was comm.i t ted by S'rE?HEN PHILLIP COLLINS,
who
26

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27
by any
false
or fraudulent
defraud any other
-~erson
of 1noney,
28

I
6.
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I fifty dollars
($950),
to
~"it,
MONEY the property of QCEAN MIST
I FARMS.
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I
2
3
I
I
IPC
487(A)
GRAND
I COUNT:
for
013,
THEFT
BY
FALSE
PRETENSES ,,
--------------------------~---
further and separate cause ot,- complaint,
being
I
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!the chQrge set forth in Count 012,

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land says: On or about SEPTEMBER 17,

I
I THEFT BY FALSE
I
I Penal
I
10
Code,
PRETENSES,
FELONY,
was
2009,
the crime. of GRAND
in violation of Secti-6n 4.~?
committed by
(a}
of the
STEPHEN :_PH)LLIP COLLINS,
11
!who did knowingly and designedly, by uny false Or fraudulent
12
I
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I
13
14
15
llabor or real or personal property, in excess of nin~ hundred

I
!fifty dollars ($950), to wit, MONEY the property of qCEAN MIST
I
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I
17
18
4 8 7 (A)
IPC
I
I COUNT: 014'
19
la different offense from but connected in its commission with
20
Jthe charge set forth in Count 013, complainant ~ur~her complains

I
!and says: On or about OCTOBER 15, 2009, the cri~e of GRAND THEFT
I
GRAND TH8FT BY
~ALSE
PRETENSES
I
I
I
I
! BY FALSE PRETENSES,
487'(a)
of the
Penal
23
!Code,
FELONY,
>..;as committed by STEl?HEN
PHILLIP COLLINS,
who
24
Jdid knowingly and designedly, by any false or fraudulent

I
25
trepresentation or pretense,
26
in excess of. nine hundred
27
28
I
I
16
22
l FARMS.
21
I fifty dollars
I
lfARMS.
($950),
to wit,
MONEY
7.
the property of OCEAN MIST
I
I
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I
I
I
I
I
!PC
487(A)
PRETEN~ES
I
I
!COUNT:
I
for a
015,
further and separate cause oficamlaint.
being
I
I
/a different offense from but connected in its co"mmission with

I
!the charge set forth in Count 014, complainant further complains
3
4
I
I
I
land says:
On or about NOVEMBER 17, 2009,
the crimeoT GRAND

of the
I
I
co:-nmitted by STEPHEN .PHII,.LIP COLLINS,
I
j Penal
!)
lwho did knowingly and designedly, by any false or
violation of Section
~n
48~(a)
Code,
FELONY,
was
I
f~audulent
I
defraud any other
10
11
I
! fifty
12
I
!FARMS.
13
dollars
($950),
to wit,
persci~
of money,
in excess 6j niry~ hundred
MONEY the proper~::~ of OCEAN MIST
I
I
14
I PC
15
I
!COUNT:
487 (A)
GRAND THEF'T BY
17
E'ALSE
PRETENSES
-----------------------------further and separate cause of. corop_laint,
016, for a
I
Ja different offense
I
16
being
from but connected in its commission with
Jthe charge set forth in Count 015,
18
jand says:
On or about DECEMBER 16 1
2009,
the crime 'of GRAND
19
20
I
I Penal
I
21
Code,
FELONY,
of the
was committed by STEPHEN.:.PHILLIP COLLINS,
jwho did knowingly and designedly,
by any falseor
fraudulent
22
23
24

I
I labor or real or personal property, in excess of nine hundred
I
l fifty dollars
($950),
to wit,
MONEY the
property of OCEAN MIST
I
25
j FARMS.
26
27
I PC
28
)COUNT:
4 87 (A)
017,
GRAND THEFT BY FAI.SE
for a
PRETENSES
8'
being
I
I
I
I
I
I
I
I
1 the charge set
forth
016~
in Count
complainant .further complains
land says: On or about JANUARY 21,

BY FAI~SE PRETENSES,
I
t Code,
I
a FELONY,
was
2010,
the
c::r:i~e
of'GRAND THEFT
in vi.olati.on of Sect:. ion 48T(.a) "?f the
Penal
comtnitted by STEPHEN PHILLIP COLLINS,
who
!did knowingly and designedly, by any false or fraudulent

I
I
!labor or real or personal property, in excess of nine. hundred
6
7
!
I
I
I
I
I fifty dollars
10
11
{$950),
to wit,
MONEY the property of".OCEAN MIST
I
I
I FARMS.
I
I
12
I PC
487 (A)
GRAND THEFT
BY
FALSE:
PRETENSES
I
I
I
-----------------------------1 COUNT~ 018, for a further and separate cause of' compl-aint, being
I
!a different offense from but connected in i t s commission with
I
13
14
lthe charge set forth in Count 017,

I
land says: On or about FEBRUARY 17,
15
16
lTHE:FT BY FALSE PRETENSES,
17
I
I
I
I
complainant .. further complains
I
I
2010,
I
I
the crime.! GRAND
in violation of SectiOn 487(a)
of the
18
JPenal Code,
19
I
lwho did
a FELONY,
20
I
knowingl~
was committed by STEPHEN PHILI..IP COLLINS,
and designedly,
by any false
or
fraudulent
defraud any other
pers~n
of money,
21
22
I labor or real or personal p~operty, in excess of ni~.e hundr~

'
I
!fifty dollars ($950), to wit, MONEY the property of OCEAN MIST
I
23
I
I
I FARMS.
I
I
I
I
I
I
I
24
25
!PC
I
I
I
I
I
26
28
4 87 (AI
I
ICO~NT: 019,

I
!a different offense from but connected in its c.omrnission with
I
lthe
charge set forth
i~
Count 018,
0.
complainant'further complains
I
I
I
I
I
)and says:
I
IBY FALSE
On or about MARCH 19,

PRETENSES,
2010(
the crime( of GRAND THE:FT
487 {_a)
the Penal
C?.f
/Code,
FELONY,
committed by STEPHEN PHILLIP COLLINS,
was
who
ldid
I
knowingly and designedly,
by any false
or
fraud_uJ,ent
5
6
)representation or pretense, defraud any other p~rso~ of money,

I
!labor or real or personal property, in excess C?"f nine hundred
/fifty dollars
($950),
to wit,
MONEY the property of bCEAN MIST
I FARMS_
I
9
I
I
IPC
I
10
11
487/A)
(COUNT:
020,
for a
PRETE~SES.
further and separate cause
o~com~laint,
"
,,
being
..
12
!a different offense from but connected in its COmmission with
13
complainant_
furt~er
complains
I
I and
14
On or about APRIL 19,
says:
2010,
the crime of GRAND THEFT
I
15
IBY
FALSE
PRETENSES,
in violation of Section 487.(a)
of the Penal
16
!Code, a FE;LONY,
who
17
by any false
or fraudulent
18
[representation or pretense,
19
I
I
20
!fifty dollars
21
I FARMS.
($950),
defraud any other
to wit,
perso~-of
I
I
I
I
money,
in excess pf nine hundred
MONEY the property of 'OCEAN MIST
I
I
I
I
I
22
I
I
I
23
I PC
24
I COUNT:
25
Ja different offense from but connected in its commission with
26

I
487 IAI
I
021,
for a
further and separate cause of comp-laint,
being
I
I
27
land says:
28
I
I FALSE PRETENSES,
On
or about MAY
19,
2010 1

lhe c;r:irne of GRAND THEFT BY
.ir: violation of Section
10.
487 (a)
of the
Penal
I
I
I
:':
!Code,
I
FELONY,
was
by STEPHEN
committed
by a.ny
who
!?HILLI P CdJ,LINS,
false or
fraud.u1ent
! representation
I
I labor or
real
or pretense,
I fifty dollars
defraud any other p_erson _of money,
1$950 I,
to wit,
MONEY the propert:y of.'OCEAN MXST
!FARMS.
I
!PC
487{A)
!COUNT'
022,
for a
further and separate cause o
~omplaint,
being
I
10
1a
different offense
from but connected in its
commis.Sion with
complains
I
I
I
crime of GRAN? THEFT BY
11
1 the
charge set
forth in Count
021,
complainant
:furl::h~?r
I
on or
12
rand says:
13
I
! FALSE PRETE:NSES,
I
14
!Code,
15
16
17
18
FELONY,
about
JUNE
17,
2010,
the
I
I
I
in violation of Section 487 (a) 'of .the Penal

was
committed by STEPHEN
PHILL:):'P. COl.."LINS,
who
!did knowingly and designedly, by any false or .fr.au1u.1ent

I
I representation o:r pretense, defraud any other person. of money,
I
]labor or real or personal property, in excess of niry-e hundred
I
!fifty dollars ($950) 1 to wit, MONEY the property of OCEAN MIS1'
I
I
l
I
I
I
I
I
I
I
19
!FARMS.
20
I
I
I
I
1
I
21
JPC
22
I
!COUNT:
I
23
487(A)
023,

for
-----------------------------further and separate cause o. complaint,
being
la different offense from but connected in its commission with

I
24
! the charge set
25
I
land says:
forth
in Count
022,
comploinant' further
complains
26
On or about JULY 19, 2010, the crime of GRAND THEFT BY

I
I FALSE PRETENSES, in vio.lation of Section 487 (a) of the Penal
27
I
!Code,
28
I
I did
a FELONY,
knowingly anrl designedly,
by any false or
11 .
fraudulent
who
I
!
defraud any other p.erso.n of money,
1 representation or pretense,
I
in excess o'f nine hundred
I
l fifty dollars
I
! FARMS.
J
.3
4
($950),
to
wit~
MONEY
the propert_y
of: 9CEAN
MIST
!PC
487[A)

---------------------------~--
!COUNT:
I
1a
024,
for a
further and separate cause of-complaint,
from but connected in its commi-ssion with
different offense
I
9
1 the
charge set
10
!and says:
11
I
l BY
being
forth
in Count
023,
On or about AUGUST 18~
complainant
2010,
furt,h~x:
complains
the crim~ of GRAND THEFT
FALSE
PRETENSES,
487.{a) .O:f the
Penal
ICode,
FELONY,
committed by STEPHEN PHILLIP.
was
CQ~LLINS,
who
14
representation or pretense,
by any
15

I
16
lfifty dollars
($950),
false or frauduLent
defraud any other Persori.":of money,
to wit,
in excess o.f ni~ne hundred
MONEY the propert~ of-~CEAN MIST
17
I FARMS.
I
18
I
I
I PC
19
487 (A)
GRAND THEFT BY
I
20
!COUNT:
FALSE
PRETENSES
------------------------------
025,
for a
further and separate cause of_. comp'laint,
being
21
!a different offense from but connected in its coinmission with

I
22
complainant furt,her complains
23
24
25
26
land says: On or about SEPTEMBER 17, 2010, the crime of GRAND

I
I THEFT BY FALSE PRETENSES, in violation of Section 48.7 (a) of the
I
!Penal Code,
lwho did
tELONY 1
knowingly and designedly,
by any
false or fraudulent
27
defraud any other
perso~
of money,
28
Jlabo1. or real or personal property,

I
12.
I
I
I
I
I
I
13
12
I
I
I
I
I
!fifty dollars
I
/FARMS.
I
I
I PC
($950),
to wit,
487 (A)
026,
be~ng
for a further and separate cause of coniplaint,
ICOUNT:
Ia different offense from but connected in its
lthe charge set forth in Count 025,
land says:
commis~ion
complainant
.f.Urt.her
I
I
I
with
I
I
compla:ins
2010,
On or about OCTOBER 14,
the crime Qf GRAND THEFT
!BY FALSE PRETENSES,
in violation of Section 487/(a) )sf the Penal
I
I
ICode, a FELONY, was committed by STEPHEN"PI-liLLIP COLLINS, who

I
ldid knowingly and designedly, by any false or fraudulent
I
/representation or pretense, defraud any other p~rson. of money,
I
10
1c
12
13
I fifty dollars
14
(5950),
to wit,
in excess
or
nin~
hundred
MONEY the proper~~ of~CEAN MIST
I
15
16
I
I
18
I
I
19
ia
I
GRAND THEE"T
487 (AI
BY
FALSE
PRE'rENSES
COUNT:
027,
for a further and separate cause of
co~plaint,
being
different offense from but connected i..n its c-omm.i,s.Sion with
I the charge set "forth in Count 026,
complainant further coi":"I.plains
23
24
land says:
On or about NOVEMBER
16,
2010,
the
crime ,of GRAND
I
I THEFT BY FALSE PRETENSES, in violation of Section 487 (a) of the
I
!Penal Code, a FELONY, was committed by STEPHEN ~HILLIP COLLINS,
I
by
any false or fraudulent
25
I representation or pretense,
26
27
!labor or real or personal property, in excess of ni~c hundred

I
I fifty dollars ($950), to wit, HONEY the property of OCE!-~.N MIST
I
zg
I
I
I
I
I
I PC
22
I
I
I FARMS.
17
21
I
I
20
I FARMS.
I
I
I
I
':-
1
2
3
GRANO THEF7 BY
tALS~
PRETENSES
!PC
487(A)
I
!COUNT; 028,
for a
ia
offense from but connected in its
---------------------------~--
different
being
commission with
! the charge set

I
forth
in Count 027,
! and says:
I
On
or
about
DECEMBER
16,
complainant. furt_her complains

2010,
the
cr.me oJ: GRAND
in vioJ.ation of Section 4"87 (a)
of the
!Penal Code, a FELONY, was committed by STEPHEN PHILLIP COLLINS,

I
[who did knowingly and designedly, by any false ?r fraudulent
I
I
I
I
!labor or real or personal property, in excess O;f nin"e hundred
I
I fifty dollars ($950), to wit 1 MONEY the property o~''OCEAN MIST
I
10
11
12
I FARMS.
13
I
I
14
!PC
GRANO THEFT BY ~ALSE PRETE~SES
487 (AI
I
I
I
I
I
I
I
I
I
I
I
!COUNT; 029, for a further and separate cause of complaint, being
I
/a different offense from but connected in its b6mmis~ion with
I
15
16
17
18
!and says: On or about JANUARY 18,
2011,
the crime of GRAND THEFT
I
48~(a)
19
!BY
20
21
!Code, a FELONY, was co~~itted by STEPHEN PHILLIP CQLLINS,

I
!did knowingly and designedly, by any false or fraudulent
22
FALSE PRETENSES,
of the Penal
who
I
I
I
I
I
I
I
I
I
I
I
23
I
I
I
I
I
I
I
I labor or real or personal property,
24
! fifty dollars
I
25
IFI\RMS.
26
($950),
to wit,
MONEY the property of OCEAN !'-1IS'r
I
I
2"1
I PC
28
I
/COUNT:
487(A)
030,
for
further and separar::e cause of_complaint,
I
14 .
b?ing
different offense from but connected in its comrniS?ion with
1 the charge set

I
land says:
I
I THEFT BY
I
in Count 029,
complainant
further complains
I
I
on
or about FEBRUARY
f'Al..SE
l Penal Code,
forth
PRETENSES,
FELONY,
15,
2011,
the
c~ime
violation of Secti_Qn
in
pf
4..67
GRAND
U>)
I
I
I
I
of the
by any false_or fraudulent
1 represenlation or pretense,
I
I fifty dollars
in excess of nin~ hundred
labor or real or personal property,

($950),
to wit,
I
I
MONSY the
proper~y
I
I
I
of OCEAN MIST
10
I FARMS.
11
12
I PC
487 (A)
13
!COUNT:
GRAND THEFT
for a
031,
BY
FALSE
PRETENSES;
-----------------------------further and separate cause of complaint,
being
I
I
I
14
1 a different offense from but connected in its cOmmiSsion with
15
I
\the charge set
I
I
I
I
16
and
says:
On
forth
or
in Count 030,
about !-lARCH
15,
complainant furtf.her _complains
2011 ..
the
crim'l!-. of .GRAND THEFT
17
lBY FALSE PRETENSES,
of the Penal
18
!Code,
FELONY,
19
who
defraud any other prrson of money,
21
I labor or real or personal property,
in excess o'f nine hundred
22
!fifty dollars
($950),
to wit,
I
23
IFARt-1S.
24
I
I
I
25
I PC
487 (A)
26
!COUNT:
032,
for a
further and separate cause or complaint,
being
27

I
28

I
15.
I
I
I
1
20
I
!
!and says:
On or
about APRIL 14,
2011,
the crime- of GRANO THEFT
! BY
F'ALSE
PRETENSES,
in violation of Sect..ion
487 (a)
.of the
Penal
I Code,
FELONY,
was commit ted by STEPHE:N PH I LLI-P COLLINS,
who

I
defraud any other p~:rsdn of money,
1 representation or pretense,
I
I labor or real
I
I f i f t y dollars
6
7
by any false or fraudtilent
(~
950)'
to wit,
in excess o.f ni!ie hundred
MONEY the p:coperiy of OCEAN MIST
I tARMS'
I
I
I
IPC
I
9
10
11
,.
GRAND THEFT
487 (A)
COU~T:
033'
for a
BY
FALSE
PRETENSES
further and separate cause of" complaint,
being
Ia different offense from but connected in its
12
c~mmission
with
13
complainant furt:h9r complains
l a.nd
On or about t"-'lAY 13r
says~
2011,
the crime of G~AND THEFT BY
1.5
l FALSE PRETENSES,
in violation of Section 487{a)-of the Penal
16
ICode,
a FELONY,
was committed by STEPHEN
PHILLI~
C~LLINS,
who
17

I
18
I
19
/labor or real or personal property,
20
I
I fifty dollars
I
21
22
23
24
($950)

I
t.o w1t,
I
!
I
I I"ARI>',S,
I
I
I
I
I PC
II
APPOINTEE RECEIVING REWARD FOR DOING AN OFFICII
70(A)
CO~JNT:
034,
----------------------------------------------11
26
I a different offense from but connected .in ils comrni~slon with

I
!the charge set forth in Count 033, complainant further complains
27
!and says:
28
lAND MINISTERIAL OFfiCER,
25
On or about NOVEMBER 16,
20J.O,
the crime of EXECUTIVE
EM?LOYEE AND APPOINTEE WHO KNOWINGLY
16.
JASKS,
RECEIVES,
AND AGREES TO RECEIVE ANY EMOLUMENT:;
GRATUITY,
lAND REWARD AND PROMISE THEREOF EXCEPT AS AUTHORIZED BY LAW FOR
I
I DOING AN OFFICIAL ACT,
I
Ia
in violat:ion of
Misdemeanor was committed

I
1 as Director on the Boa.rd of
I
I VJater Resources Agency, ask
I
)money not author~zed by law
I
5
6
by STE!?HEN
PENAL CODE SECTION 70 (A),

PHILLIP 'COLX.:..INS,
who did,
I
I
I
I
I
Directors of the Mqnterey County

for,
receive,
and agree .to receive
for attending a
me~~in~-of the BOARD
I
I
)OF DIRECTORS FOR MONTEREY COUNTY WATER RESOURCES AGENCY which
)
I
I
!occurred on OCTOBER 25,
I
2010.
I
I
l 0
I
11
Jl?C
I
12
ICOONT: 035, for a

I
!a different offense from but connect..ed in its ,C9mmi\ssion with
I
! the charge set forth in Count 034, complainant further complains
13
14
70(A}
APPOINTEE RECEIVING REirJARD .. FOR DOING AN OFFICII

- - - - - - - - - - - - - - - - - - - - - - - - --~ ~-- __ c_ - - - - - - - - - - - - I
further and separate cause of cort:tplaint, being
!
I
15
land says:
On or about NOVEMBER 16,
16
lAND MIN!ST8R!AL OFFIC8R 1
2010,
the crime of EXECUTIVE
EMPLOYEE AND APPOINTEE WHO KNOWINGLY
17
!ASKS, RECEIVES,
AND AGREBS TO RECEIVE ANY EMOLUMENT, GRATUITY,
I
I AND
I
19
!DOING AN OFFICIAL ACT, in violation of PENAL C?DE SECTION 70(A),

I
I a Misdemeanor was committed by STEPHEN PHILLlP -~OLLINS, who did,
21
R~WARD
AND PROMISE: THEREOF EXCEPT 1\S 1\UTHORIZED BY LMI FOR
las Director on the Board of Directors of the Monteiey County

I
22
JWater Resources Agency,
ask for,
receive,
and agree to receive
23
I
I
I
I
I
1
18
20
1
I
lmoney not authorized by
law for attending
a meeting of the
24
!FINANCE COMMITTEE OF THE MONTEREY COCNTY WATER
25
I
I which
occurred
on
NOVEMBER 12,
RESD0RC~S
AGENCY
2010.
I
26
27
! PC
28
! COUNT'
70 (.P..)
036,
APPOINTEE RECEIVING REWARD FOR DOING AN OFFICii

fo~
----------------------------------------------1
being
fcrther and separate cause of complaint,
l 7.
I
I
!
I
1
I
!a different offense
from but connected in i t s commission with
/the charge set
forth
in Count 035,
complainant !urther complains
land says; On or about DECEMBER 16, 2010, the cri~e cif EXECUTIVE
I
! AND MIN I STER II\ I., OFFICER, EMPLOYEE AND APPOINTEE . wHO :f'\NOWI NGI~ Y
I
3
4
RECEIVES,
AND AGREES TO RECEIVE ANY EMOLU~~Ni; GRATUITY,
!ASKS,
I
lAND REWARD AND PROMISE THEREOF ~XCSPT AS AUTHORJ~E6 ~y LAW FOR
I
DOING AN
OFF~ICIAL
ACT,
70 (A),
i
I
who did,
l
I
I
I
I
in violation of PENAL COQE SECTION
I
8
Ia
las
I
~isdemeanor
was
committed by STEPHEN PHILLIP COLLINS,
Director on the Board of Directors of the Monterey County
10
11
I
I money not
I
12
!FINANCE COMMITTEE OF THE MONTEREY COUNTY WAT8R RESOURCES AGENCY
13
t<Jater
He sources Agency,
ask for,
and agz:ee to receive
I
I
I PC
15
APPOINTEE RECEIVING REWARD if>oH bOING AN OFFICI I
70 (A)
II COUNT:
-------------------------------~--------------1
further and separate cause o~,:comp'la.int, being
1
I
I
1 a
different offense from but connected in its CO.mmi'ssion with
J
I
I
l the charge set forth in Count 036, complainant :f.urt.h.~:c complains
1
I
I
I and says: On or about DECEMBER 16, 2010, the cr.imc .Of EXECUTIVE
!
I
I
16
17
18
19
20
037,
for a
lAND MINISTERIAL OFFICEH,
EMPLOYEE AND APPOINTEE. WHO KNOWINGLY
22
I
I
I
lAND REWARD AND PROMISE THEREOF EXCEPT AS AUTHORIZED BY LAW FOR
RECEIVES,
AND AGREES TO RECEIVE ANY EMOLUMENT,
23
1 DOING AN OFFICIAL AC'I' 1
24
I
! a
M.i.sdemeanor
in vio.la-::.ion of PENAL CODE sE.CTION 70 (A),
was committed by STE!?HEN !?1-!ILLIP COLLINS,
who did,
las Director on the Board of Directors of the
Monte~ey
County
ask for,
receive,
and ~gree to receive
26
!Water Resources Agency,
27
!money not authorized by law for attending a mewting of the BOARD

I
28
GRATUITY,
/ASKS,
I
25
2010.
21
authorized by law for attending a meeting of the
twhich occurred on DECEMBER 6,

I
14
receive,
iOF DIRECTORS FOR MONTEREY COUNTY WATER RESOURCES AGENCY which
18.
!occurred on DECEMBER 13,
I
I
2010.
I
I PC
I
70 (A)
IJCOUNT:
5
6
7
RECEIVING REWARD FOR
AP!?OINTE.E
for
038,
DOING AN
OFFICII
----------------------------------------------1
and .separate cause of_ cqmplaint, being
!
further
I a d.ifferent offense from but connected in its c.omm.ission with

I
Jthe charge set forth in Count 037, complainant further complains
I
1
I
land
says:
On
or
about
MARCH
15,
2011,
the
crime. of
i
I
EXECUTIVE AND
!MINISTERIAL OFFICER,
EMPLOYEE AND APPOINTEE WHO KNOWINGLY ASKS,
! RECEIVES,
AND AGREES
I
I REWARD AND
l 0
11
TO RECEIVE ANY EMOLUMENT,
GRATU.ITY,
AND
PROMISE THEREOF EXCEPT AS AUTHORIZED., BY .LAW FOR DOING

..
.
.
in violation
!AN OFFICIAL ACT,
of PENAL CODE SECJICN: 70(A),
17
18
I
I
13
14
15
16
20
I
t
I
I
I
J
I
APPOINTEE RECSIVING RSWARD FOR DOING AN OFFICII
for a
----------------------------------------------!
being
further and separate cause of. complaint,
22
Ia different offense from but connected in its cOmmission with

I
I the charge set. forth in Count 038, compla:i.nant furth.er complains
23
I
land says:
24
I MINISTERIAL OFFICER,
25
!RECEIVES,
On or about APRIL 11,
AND AGnEES
2011,
the crimc.of _EXECUTIVE AND
EMPLOYEE AND APPOINTEE WHO KNO.WINGLY ASKS,

TO RECEIVE ANY EMOLUMENT,
GRA~U1TY,
AND
26
IREWARD
27
I
j}\N OffiCIAL ACT,
AND PROMISE THEREOF EXCEPT AS AUTHORIZED BY LAW POR DOING

in
violation of PENAL CODE SEC1'10N
70 (.Z\),
28
21
!
I
I
IPC
70(A)
!
I COUNT: 039,
19
I
I
:,
!
]Misdemeanor was committed by STEPHEN PHILLIP c6LINS_~- who did,
I
1 as Director on
the Board of Directors of the Mo'!terey County
I
)Water Resource~ Agency, ask for, receive, and agree to receive
I
lmoney not authorized by law for attending a meeting of the JOINT
I
!BOARD LEADERSHIP COMM. OF MCWRA AND MC BRD. OF SUPERVISORS which
I
!occurred on MARCH 15, 2011.
12
I
1
!Hisdemeanor was COJTJnitted by STEPHEN PHILLIP COLLINS,

I
19.
who did,
! as
Director on the Board of Directors of the Montere:y County
!Water Resources Agency,
ask for,
receive,
and agree to receive
jmoney not authorized by law for attending a meeting of the
3
4
1 FINANCE COMMITTEE OF THE MONTEREY COUNTY WATER RESO~R~ES AGENCY

I
jwhich occurred
I
I
I
!Pursuant to Penal Code Section 1054.5(8),
(informally requesting that defendant's counsel proviQe discovery

I
.
Ito the people as required by Penal Code Section 1054.. 3.
on MARCH
18,
!
I
I
2011.
I
j
the peopleare hereby
I
I
10
I
I
I
I
declare under penalty of perjury that the foregoing
11
I I
I
12
ltrue and correct except
13
I
I a~d belief and those I
is
I
for those things
believ~
state~
on information
I
I
to be true.
14
15
rsxecuted on 11/15/2011,
I
I
I
16
l 7
18
/'
20
I
I
I
California.
-~~uu~~~~~==---------~I
I
I
I
I
I
19
21
at SALINAS,
I
I
I
22
23
I
I
I
24
25
I
I
I
26
28
20.
EXHIBIT "B"
Page 1
RMC
JanuaJ.y 8, 2010
M!. Step!w> P. Collins
Strategic PJanning nnd Ma11a.g~ment Consulting
26153 Legends Ct.
Salill3S,CA 93901!
Sul>Jctt MCWD lt.glonal D.,..li!Uition Faeillcy
Door Mr. Colfim;
This letterset'\'ea as y<:~\;lr a'uthorha_tion to ,Pl'Ovlde as ~ed oonsilltingservrces fortbe
llboe-efetenced project on behalf ofl<MC Waw and Environment (ll.MC). Plcm
sig,11t keep a. copy fur your 11~eords 1 end return tbis miginal to tbe undersigned. The
terms of our agreement are M follOws:
1. Hourly llnte: $22{1/hr
2. Mmtimum nutltorized b\lllget: $25,~00
3. Payment by RMC withL.!15 daysoft~ipt of invoice.
4. Invoices shall be S\!bmitted monthly by Mr. Collins to RMC ond shall identify
RMC job number: 0139,.(107, Invoices sbaU i:nclnde a breakdown of the hours
billed with brier ""f'lnation of the work performed.
5. Mr. Collins slmll rnaln!ain aelfinsurm""' 1<qulr<id IInder Ibis paragraph. All
insumnce shall b~ ma.iptained co-ntinuously during the life of the Agteemet'lt.
Upon requcsl you shall fumish RMC eedific!lles showing the type, ll!OOUnt,
dess of open:ttions, effectlve dates aa.d datos or m-:piration ofpoliWes.lt is
unde!tood ond ngl<ed that RMC slu!ll be entitled to notification at least tbirly
{30) days prior ~o the expiration of10uch policles. Failure by 10 m:tW.ttai
insurance ooverage as agreed altnii be a mat~rial breach of this Agreement. fUld
w!ll Jesult ln tcrmhtation ofthis .A.gteement The types and amounts of
insnra11ee roquired are as. fuUoM:
1H :,..,u,.,, !JNl
!.ulh11W
~.1J\ lttl!il;c(!.{ ~~~~!00
pt.:41~~il,;;100
Automobile Liability
Bodily !ll)U!y alld Property Damage

Combined Single Lhnit
$300,000
l~i<li!i.3.Zl,3i[lt
lrlUt~l'!'lcfVCStdrJiiMt f.f'>t
Wm"'' mrrf tfg fwfr(lJil!llCI!l
EXHIBIT-~~ et._
WiT: . *; (:)'t..~_:ij ~ ~1'
DATE,~ ~:~?~:. \\:\STACEY OIOOATI, i:SR .mm
RMC 000287
Page 2
Jnmny 8, 2010
PngeZnf2
6,
Wad< obllll bl>parlbrmed as directed by LyJtdol M<!l!M,"' bi <k$jg,mted

reprcseutativc.
7.
RM c '"""'"" too rigllt 1o slop or ousp011d wori<,
'P1eaae -comide~: this letter your ll{ltice to .proceed with the wru:k. Cclntact the undQ,gMd witb questions
"" l!dditiona! intblillorion nocd. We !col< .fu<W"'d 11> working with you on tiris project,
cc: Pile
RMC 000288
EXHIBIT "C"
MONTEREY COUNTY WATER RESOURCES AGENCY

BOARD OF DIRECTORS
BOARD MEMBERS:
STAFF:
David Hart, Chair

Richard Ottiz, Vice Chair
Silvio Bernardi
Steve Collins
Ken Ekelund
Jose Mendez
Roger Moitoso
Richard Morgantini
Doug Smith
Curtis V. Weeks, General Manager

Bill Phillips, Deputy General Manager
Wini Chambliss, Clerk to the Board
lrv Grant, County Counsel
AprilS, 2010
1:00 p.m.
MINUTES
1.
SPECIAL BOARD MEETING CALLED TO ORDER at 1:03PM upon declaration of

a quorum by Board Chair, David Hart
2.
ROLLCALL
Present:
Absent:
Directors David Hart, Richard Ortiz, Silvio Bernardi, Steve Collins, Ken
Eke lund, Jose Mendez, Roger Moitoso, Richard Morgantini, and Doug Smith
None
3.
PLEDGE OF ALLEGIANCE (led by Director Morgantini)
4.
PUBLIC COMMENTS- None
5.
RECOMMEND THAT THE MONTEREY COUNTY WATER RESOURCES

AGENCY BOARD OF DIRECTORS RECOMMEND TO THE MONTEREY
COUNTY BOARD OF SUPERVISORS FOR THE MONTEREY COUNTY WATER
RESOURCES AGENCY THAT THEY CONSIDER THE REGIONAL PROJECT
AND TAKE THE FOLLOWING ACTIONS:
1) Review and consider the Final EIR as certified by the CPUC on December 17,2009
in Decision D.09-12-017 and the Addendum released by the CPUC's consultant on
March 24, 20 l 0;
2) Approve and adopt the Findings attached hereto as Attachment A, which are
incorporated herein and include a Statement of Overriding Considerations;
3) Approve and adopt the mitigation measures identified and proposed in the Final EIR
as tailored to MCWRA's role as a responsible agency as set forth in the Findings;
4) Conditionally approve the Regional Desalination Project, contingent upon final
approval by the CPUC (Conditional Project Approval); and,
5) Direct staff to take all other actions that may be necessary to effectuate this
Conditional Project Approval, including, but not limited to, executing the Settlement
Agreement and Water Purchase Agreement attached hereto as Attachments Band C.
General Manager Curtis Weeks thanked Board members and the public for attending the
day's meeting. Mr. Weeks began by discussing comments made recently in the media
regarding the project's seeming lack of transparency. He stated PUC confidentiality
requirements prohibited the disclosure of information under discussion.
Mr. Weeks then navigated through a detailed PowerPoint presentation on the Regional Water
Project dealing mainly with the 13, I 00 aty that will be supplied. The presentation included
a chronicle of events from 2004 to the present; proposed project description; project
development and benefits; a review of Agency authority granted by the Agency Act; water
rights for brackish source water wells; seawater intrusion and desalination intake wells;
Agency Act compliance; brine disposal; source of power for facilities; the features of the
Water Purchase Agreement; a review of the California Public Utilities Commission process;
and, CEQA considerations.
(The Board took a short recess at 2:30PM, reconvening at 2:50PM)

Public Comments:
Margie Kay, North County resident, asked several questions about the Regional Water
Project: I) Who is going to pay? 2) What is the cost? 3) What are the benefits to North
County? 4) Do Board members understand the Agency's liability is something fails and the
Agency is blamed?
In response to Ms. Kay's question regarding the Agency's liability should something fail, lrv
Grant, Monterey County Deputy County Counsel, responded there is an escape clause
written into the Water Purchase Agreement that protects each party with regard to
improprieties. The Agency only assumed risks deemed manageable.
Julie Engel!, Monterey resident, stated her belief the project will negatively impact North
Monterey County as there has been no analysis of the effects of pumping water from the
2
basin as related to tributary movement. Additionally, no analysis has been done to detem1ine
there will be no impact to North Monterey County.
Amy White, Executive Director of Land Watch of Monterey County, discussed several
problems with the project: I) Project proponents arc banking on the 85115 salinity ratio
(seawater to freshwater mix resulting in brackish water). She reported environmental impact
information states the ratio could shift. With regard to the Water Purchase Agreement
(WPA), 2) Monterey Peninsula residents will pay for a desalination plant they do not own.
3) The WPA does not include brine disposal nor debt service costs. 4) There is a great
discrepancy between the cost of water per acre-foot being quoted by project proponents and
that quoted in the WPA. Ms. White encouraged the Board to delay voting on the WPA until
the Monterey Peninsula Water Management District votes or until the Division ofRatepayer
Advocates (DRA) submits their analysis. She voiced her belief the DRA is the only agency
looking out for the interests of the people.
Nancy Isakson, Monterey Peninsula resident, voiced support for the project and commended
the Agency and Marina Coast Water District for developing a solution to Monterey County's
water issues. Ms. Isakson agreed the project is very costly; but stated the cost of doing
nothing would be prohibitively greater and should be analyzed. She recommended the Board
move this item forward.
Traci Roberts, Monterey County Farm Bureau, commended the Board for explaining the
benefits of this project. She stated the project is a collaboration model, and does not think
other portions of the County will be omitted.
Mark Diaz, Monterey County resident, stated he represented the people on the front line of
seawater intrusion and was excited about the prospect of the project coming to fruition.
At this point, Board members requested that General Manager Weeks respond to issues
raised in public comments.
General Manager Weeks explained that North Monterey County will not be adversely
impacted, but modeling and monitoring will need to confirm. Modeling done to date
indicates impacts to the basin will be fairly localized. Mr. Weeks stated the Water Resources
Agency Board represents the entire County, and Peninsula interests are represented. With
regard to the comment about a shift in the 85/15 ratio, Mr. Weeks indicated there is no data
supporting the claim that water gets less salty at the ocean, nothing that slant wells will
produce different data that that currently obtained. With regard to the cost of water, the
presentation made by Jim Heitzman compared the costs of three options. Mr. Weeks
reported brine disposal costs arc included in the Agreement (roughly $3 million in operating
costs). He also stated issues regarding debt service costs arc still under development.
Board members generally voiced support for the project; but, mentioned the following
concerns: I) whether the Water Resources Agency possesses water rights for the project; 2)
the impacts of the project on the Water Resources Agency, especially with respect to
3
groundwater monitoring; 3) the Prudency Clause noted on page 54 of the Water Purchase
Agreement; 4) location of basin boundaries; 5) ensuring a specific strip represented in the
EIR is not used in the project; 6) amending the document to identify the location of the
wells; and, 7) the makeup of the advisory committee.
MOTION:
Motion and Second by Directors Ortiz and Collins to recommend that the Monterey County
Water Resources Agency Board of Directors recommend to the Monterey County Board of
Supervisors for the Monterey County Water Resources Agency that they consider the
Regional Project and take the following actions: 1) Review and consider the Final EIR as
certified by the CPUC on December 17, 2009 in Decision D.09-12-017 and the Addendum
released by the CPUC's consultant on March 24, 2010; 2) Approve and adopt the Findings
attached hereto as Attachment A, which are incorporated herein and include a Statement of
Overriding Considerations; 3) Approve and adopt the mitigation measures identified and
proposed in the Final EIR as tailored to MCWRA's role as a responsible agency as set forth in
the Findings; 4) Conditionally approve the Regional Desalination Project, contingent upon
final approval by the CPUC (Conditional Project Approval); and, 5) Direct staff to take all
other actions that may be necessary to effectuate this Conditional Project Approval, including,
but not limited to, executing the Settlement Agreement and Water Purchase Agreement
attached hereto as Attachments B and C.
The motion was carried with the following vote:
Yes:
No:
Abstain:
6.
Directors David Hart, Richard Ortiz, Silvio Bernardi, Steve Collins,

Jose Mendez, Roger Moitoso, Richard Morgantini
Directors Ken Ekelund and Doug Smith
None
ADJOURNMENT
Chair David Hart adjourned the meeting @ 3:30 PM.

SUBMITTED BY:
APPROVED ON:
Wini Chambliss
July 26, 2010
EXHIBIT "D"

BOARD OF DIRECTORS
BOARD MEMBERS:
STAFF:
David Hart, Chair

Richard Ortiz, Vice Chair
Silvio Bernardi
Steve Collins
Ken Eke lund
Jose Mendez
Richard Morgantini
Bill Petrovic
Doug Smith

Irv Grant, Deputy County Counsel
September 27, 2010

1:00PM
MINUTES
1.
REGULAR BOARD MEETING CALLED TO ORDER at t :04 PM upon declaration

of a quorum by Board Chair, David Hart
2.
ROLLCALL
Present:
Absent:
Ekelund, Jose Mendez, Richard Morgantini, Bill Petrovic and Doug Smith
None
Before the Pledge of Allegiance, General Manager Weeks formally introduced new Board
member Bill Petrovic, who provided a bricfbio. Board members welcomed Mr. Petrovic.
3.
PLEDGE OF ALLEGIANCE (led by Director Richard Ortiz)
4.
PUBLIC COMMENTS:
Margie Kay, North County resident, provided an update to the Pajaro Valley Water
Management Agency (PVWMA) issue. General Manager Weeks thanked Ms. Kay for
keeping the Board and staff informed on this matter.
General Manager Weeks requested the Board consider adding a proposed letter to the
day's agenda directed to the Monterey County Superior Court in response to their ruling
that the Marina Coast Water District has not followed the CEQA process with regard to
the Regional Water Supply Project. This letter was received after distribution of the
Board's agenda packet; but, the Agency's timely response is needed.
ACTION:
Motion and Second by Directors Ortiz and Mendez to add the proposed letter to the Monterey
County Superior Court to the agenda as Action Item 71.
Motion carried unanimously.
General Manager Weeks informed the Board that one item was being pulled from the
Agenda-Action Item 6A: Reconsider supporting the use ofRJA Management
Services, Inc. in an amount not to exceed $5,000 to provide evaluation services to the
Monterey County Board ofSupervisors {BOSJ for the Water Resources Agency {WRAJ
General Manager Evaluation. These services will assist the BOS in providing the
WRA General Manager clear guidance and direction in achieving the WRA vision,
mission, goals and objectives in Fiscal Year {FY/2010- 2011.
5.
CONSENT CALENDAR
A. Approve purchase orders/contracts in excess of $500 for August 20 I 0 and credit card
purchases in excess of $500 for July/August 20 I 0
Public Comments: None
ACTION:
Motion and Second by Directors Collins and Mendez to approve the Consent Calendar.
6.
PRESENTATION
A. Consider approving a Resolution of Commendation for outgoing Director, Roger
Moitoso
General Manager Curtis Weeks read the Resolution of Commendation for Director
Roger Moitoso into the record and thanked him for his dedicated service to the Monterey
County Water Resources Agency. Board members also expressed their appreciation for
the service Mr. Moitoso provided.
ACTION:
Motion and Second by Directors Collins and Hartto approve the Resolution of Commendation
for outgoing Director, Roger Moitoso.
7.
ACTION ITEMS
A. Reeensiaer SHflflSrting the ttse ef RJA Management Serviees, In e. in an an1ettnt net te
eKeeea $5,000 to flreviae evalttatien serviees to the Menterey Coooty Beare ef
8Hflervisers (808) fer tlle '.Vater Resomees Ageney (WRA) General Manager
Evalttatioa. These serviees 'Nill assist the 808 in flroviaiag the '.VRA General Maaager
clear gttiaanee aaa aireetion in aehieviag the Water Resourees Ageaey (WRA) vision,
missiea, goals aml eBjeetives in l'iseal Year (l'Y) 2010 2011
ACTION:
This item was pulled from the day's Agenda.
B. Certify final acceptance of the Salinas River Diversion Facility Project, a component of
the Salinas Valley Water Project; and, authorize the General Manager to execute and
record a Notice of Completion with the Monterey County Recorder's office
Brent Buche, Assistant General Manager/Chief of Operations and Maintenance,
reviewed this item indicating that all punch list items have been completed and that
Anderson Pacific has presented a release of claims. Upon the Board's approval, the
Notice of Completion will be filed with the Monterey County Recorder's Office.
Board Questions (Staff responses are emboldened and italicized):
Is the Diversion Facility fully operational? Yes, since the end of April/beginning of
May, and pumping has been significantly reduced.
How much money is being withheld? $69,620
Public Comments:
Darlene Din, Salinas River Channel Coalition, voiced her dismay over comments made
at a Regional Water Quality Control Board (R WQCB) meeting by board member Roger
Briggs. Mr. Briggs indicated his belief that the Salinas River Diversion Facility (SRDF)
was placing raw sewage into the river system. General Manager Weeks, too, was
troubled by such comments especially since the RWQCB issued a permit for the SRDF.
Mr. Weeks responded that he will contact Roger Briggs to discuss this misperception in
the hopes of re-establishing a better working relationship.
ACTION:
Motion and Second by Directors Bernardi and Mendez to certify final acceptance of tbe
Salinas River Diversion Facility Project, a component of the Salinas Valley Water Project;
and, authorize the General Manager to execute and record a Notice of Completion with the
Monterey County Recorder's office.
C. Consider approval of a three-year agreement with Schaaf & Wheeler Consulting Civil
Engineers for professional engineering services and technical support implementing
the Reclamation Ditch Improvement Plan Advisory Committee (RDIPAC)
recommendations in the amount of$225,000 (not to exceed $75,000 annually); and,
authorize the General Manager to execute the agreement upon approval by County
Counsel as to fom1
Manuel Quezada, Senior Water Resource Engineer, provided background information,
indicating that $75,000 has been budgeted but not encumbered until needed. He then
reviewed the main elements of the RDIPAC Action Plan:
Continue maintenance of the Reclamation Ditch until improvements are

completed; identify needed engineering analysis of alternatives for the main stem
system;
Complete the SWRCB 205(j) grant [$161,030] for Carr Lake/Gabilan Creed
Assessment and Management Plan (completed);
Conduct a ROW assessment/analysis (ongoing);
Finalize Zone 9 Impact Fee Ordinance;
Coordinate with County departments to enforce erosion/grading ordinance;
Continue to convene RDIPAC and other interested parties as a watershed group;
Identify additional funding sources for planning, engineering, watershed
assessments and construction efforts; and,
Finalize Zone 9 Impact Fee Ordinance to establish fees based on new impervious
surfaces (near completion).
Board Questions (Staff responses are emboldened and italicized):

Has this type of work always been contracted out? It has been done in house; but,
because of its highly specialized nature, it is being contracted out..
ACTION:
l\1otion and second of Directors Mendez and Smith to approve a three-year agreement with
Schaaf & Wheeler Consulting Civil Engineers for professional engineering services and
technical support implementing the Reclamation Ditch Improvement Plan Advisory
Committee (RDIPAC) recommendations in the amount of $225,000 (not to exceed $75,000
annually); and, authorize the General Manager to execute the agreement npon approval by
County Counsel as to form.
D. Consider approval of a two-year agreement for professional services with E2
Consulting Engineers, Inc., in the amount of$180,000, for providing engineering
services at the Nacimiento and San Antonio Darns and the Nacimiento Hydroelectric
Plant; and, authorize the General Manager to execute the agreement upon approval by
County Counsel as to form
General Manager Curtis W ceks informed the Board of a typographical error in the title of
this agenda item. The title should read as follows:
Consider approval of a two-year agreement for professional services with E2
Consulting Engineers, Inc., in the amount of $180,000, for providing engineering
services at the Nacimiento and San Antonio Dams, CSll'_ and the Nacimiento
Hydroelectric Plant; and, authorize the General Manager to execute the agreement
upon approval by County Counsel as to form
Shaunna Juarez, Hydrologist, presented this agenda item, stating the CSIP information
was added after review by the Finance and Planning Committees. Ms. Juarez indicated
the purpose of this agreement was to evaluate and repair appurtenant structures at
Nacimiento and San Antonio Dams, CSIP, and the Nacimiento Hydroelectric Plant. The
particular projects selected will depend upon availability of funds in particular zones. As
such, the compiled list is potential and subject to change.
ACTION:
Motion and second of Directors Smith and Morgantini and Mendez to approve a two-year
agreement for professional services with E2 Consulting Engineers, Inc., in the amount of
$180,000, for providing engineering services at the Nacimiento and San Antonio Dams, CSIP
and the Nacimiento Hydroelectric Plant; and, authorize the General Manager to execute the
agreement upon approval by County Counsel as to form.
E. Consider approval of a three-year professional services agreement with Pacific
5
Hydromet (formerly Pacific Coast Forecasting) in the amount of $118,704 ($39,568

annually) for meteorological consulting services associated with helicopter support
for remote ALERT site maintenance and winter stom1 and summer temperature
forecasting services
Howard Franklin, Senior Water Resource Hydrologist, provided background information
pertaining to this item, stating this forecasting allows for the determination of possible
flood events as well as improved management of reservoirs by providing helicopter
support for remote ALERT sites. The agreement also includes optional contingency for
additional storm tracking when necessary.
Board Questions/Comments (Staff responses are emboldened and italicized):
In the past, has the USGS provided suppmt for the ALERT sites? Our information is
linked with the USGS; but we have our own equipment.
Do we use the National Weather Service? Yes, during the storm season. However,
Pacific HydroMet dedicates an individual from whom we can get more detailed,
tailored information.
Can we get the necessary infom1ation online? The individual provides more regional
information, particularly with regard to winter storm.
ACTION:
Motion and second of Directors Collins and Ekelund to approve a three-year professional
services agreement with Pacific HydroMet (formerly Pacific Coast Forecasting) in the amount
of$118,704 ($39,568 annually) for meteorological consulting services associated with helicopter
support for remote ALERT site maintenance and winter storm and summer temperature
forecasting services.
F. Consider accepting bids and agreements for grazing leases at San Antonio and
Nacimiento Reservoirs; and, recommend approval to the Board of Supervisors
Finance Manager David Kimbrough reported the Personnel/Administration Committee
reviewed this item and recommended approval for consideration by the full Board. Mr.
Kimbrough provided background information regarding the leases, and added the bidwinning lessees will prepay the first year's lease fee and present proofofinsurance and
other lease requirements. Mr. Kimbrough then reviewed a comparison of the previous
and current lease amounts at Lakes San Antonio and Nacimiento, noting the considerable
increase in lease amounts in the current lease agreements.
Board members' questions/comments (Staff responses emboldened and italicized):
What is the purpose of the Parks Department lease? It is used partially for camping
overflows. At this time the Agency is uncertain; but, Parks will probably sublease it.
Is the Parks Department lease the same as the other leases? Yes. Any subleasing would
have to be approved by the Agency and the Board ofSupervisors.
If Parks does not sublease the land, does the Agency have an opportunity to weigh in?
Yes, because if not managed, the property creates afire hazard.
Public Comments:
Ray Franscioni, one of the cunent lessees, voiced his concem about the fairness of the
bidding process used for the cunent leases. Mr. Franscioni also discussed his right to
pump 4-5 acre-feet of water to his property. Mr. Kimbrough clarified that Mr.
Franscioni possesses an easement and, therefore, has a right to pump the water. Mr.
Franscioni asked whether there arc provisions in the leases for dangerous animals, as one
of the lessees intends to graze longhorns. Staff responded that the leases stipulate that
livestock on your property must be kept on your property and cannot impose a danger to
other property. If a lessee cannot keep their stock within their fencing, they are subject
to loss of the lease.
ACTION:
Motion and second of Directors Ekelund and Smith to accept bids and agreements for grazing
leases at San Antonio and Nacimiento Reservoirs; and, recommend approval to the Board of
Supervisors.
Motion carried nnanimously.
G. Reconsider a professional services agreement with GeoScience, Inc. in the amount of
$585,970 to perform tasks related to the design of monitoring and intake wells for the
Regional Water Project; and, authorize the General Manager to execute the
agreement upon County Counsel approval as to form
Board Member Steve Collins recused himself from the discussion and vote because of a
conflict of interest due to his past employment at and an ongoing business relationship
with RMC.
General Manager Curtis Weeks indicated the contract was approved at last month's
regular Board of Directors meeting. However, it is being reconsidered because RMC
Water and Environment bas been removed, resulting in a significant decrease in the
agreement amount. At this time GeoScience will perform the modeling work, and
Marina Coast Water District will select a Project Manager. The Agency will then
develop a reimbursement agreement with Marina Coast Water District for our share of
Project Management costs.
Board members questioned whether GeoScience modeling work will be done under the
existing Reimbursement Agreement. General Manager Weeks responded affirmatively,
indicating this work in all likelihood will be completed by the end of the year.
ACTION:
Motion and second of Directors Mendez and Smith to approve the revised professional services
agreement with GeoScience, Inc. in the amount of$848,970 $585.970 to perform tasks related
to the design of monitoring and intake wells for the Regional Water Project; and, authorize the
General Manager to execute the agreement upon County Counsel approval as to form.
Vote:
Ayes:
Nays:
Abstain:
Directors Hart, Ortiz, Bernardi, Ekelund, Mendez, Morgantini, Petrovic, and

Smith
None
Director Collins
The motion was carried.

H. Consider approval of a Memorandum of Understanding (MOU) regarding
Cooperative Planning and Joint Analysis for a Northern Monterey County Water
Supply Program
General Manager Weeks reviewed this item, indicating Pajaro-Sunny Mesa approved
this MOU on September 16, 2010. The Agency could not begin the E!R process for
Granite Ridge until this piece is completed. Evaluation of wells will determine
whether this can be included in the Granite Ridge Project. Mr. Weeks emphasized
this MOU does not constitute a project.
Public Comments:
Margie Kay, North County resident, provided some background information
regarding Pajaro-Sunny Mesa Community Services District.
A Board member asked whether this would solve the water problems in Granite Ridge,
to which staff responded it was unknown at this time.
ACTION:
Motion and second of Directors Mendez and Ekelund to approve a Memorandum of
Understanding (MOU) regarding Cooperative Planning and Joint Analysis for a Northern
Monterey County Water Supply Program.
I.
Consider approval of a proposed letter to the Superior Court of Monterev Sixth

8
District Court of Appeal to grant a temporary stay and issue an appropriate

ruling in order to inquire into the merits of the Petition for Writ of Mandate bv
the Marina Coast Water District (this item was added to the Agenda by a
unanimous vote)
General Manager Curtis Weeks explained AgLand Trust has filed a lawsuit against
the Marina Coast Water District (MCWD) contesting whether MCWD can move
forward exercising their option on a piece of property designated as a site in the
Regional Water Supply Project. As a responsible agency in the Regional Water
Supply Project authorized by the Water Resources Board of Directors and the Board
of Supervisors, it is important that the Agency provide input in this matter. Since the
Public Utilities Commission (PUC) developed and certified the ElR, this letter
reflects the Agency's position that jurisdiction of the decision relative to CEQA rests
with the PUC; and, the Court of Monterey should recognize the PUC's jurisdiction.
Board members Silvio Bernardi and Steve Collins recused themselves from the
discussion and vote due to their ongoing relationship with the AgLand Trust.
Public Comments:
ACTION:
Motion and second of Directors Mendez and Ekelund to approve the proposed letter to the
Superior Court of Monterey Sixth District Court of Appeal to grant a temporary stay and
issue an appropriate ruling in order to inquire into the merits of the Petition for Writ of
Mandate by the Marina Coast Water District.
Vote:
Ayes:
Nays:
Abstain:
Directors Hart, Ortiz, Ekelund, Mendez, Morgantini, Petrovic and Smith

None
Directors Bernardi and Collins

8.
KEY INFORMATION AND CALENDAR OF EVENTS

Standing Committee meetings and the regular Board of Directors meeting will be held as
follows:
Reservoir Operations
Thursday, October 7, 2010@ I :30 PM
Planning
Thursday, October 14,2010@ 8:30AM
Personnel/Administration
Friday, October 8, 2010@ 8:30AM
Basin Management Plan
Wednesday October 13,2010@ 10 AM
Finance
Friday, October 8, 2010@ 10 AM
Board of Directors
Monday, October 25, 2010@ I PM
9
9.
GENERAL MANAGER'S REPORT

General Manager Curtis Weeks discussed the following issues:
I) North County- Following up on N01th County issues and a number of them are
beginning to move forward. Granite Ridge Project (the backbone of the
transmission line in the Granite Ridge area), is being developed. A more
comprehensive idea is being considered wherein water would be moved from the
central part of the valley through some of the areas of Prunedale. The scoping
will be done followed by the EIR, and then we will be ready for the 218 Ballot
procedure. We should be ready for the Proposition 218 balloting in six months to
a year.
2) Regional Water Supply Project- The first official Advisory Committee meeting
between the parties was held last week to begin discussions on the financing
plan. The partnership between public and private agencies and a PUC-regulated
private utility makes the $300+ million bond issue very complicated. This is not
the standard type of bond. There will probably be a variety of different
investment portfolios along with private activity bonds. Initial thoughts are to
completely fund the project upfront. The downside is that we would cany
significant interest through the design and construction phase of the project.
Marina Coast Water District (MCWD) will hire the Program Manager, and this
Agency supports the hiring of RMC Water and Environment. This Agency will
develop a reimbursement agreement with MCWD with regard to the expenditures
associated with the work performed by the program manager.
The Preliminary Decision regarding the Regional Water Supply Project is due
from Judge Minkin on October 20, 2010 which happens to be the same date of
the next Advisory Committee meeting.
10.
COMMITTEE REPORTS
The Committee Chairs had nothing to report.
11.
INFORMATION ITEMS
Board members received all information items without question.
10
General Manager Weeks informed the Board the Agency did file an application with the
State for a grant to continue to develop our Integrated Management Plan as a group. We are
not moving forward with an Implementation Grant Our strategy is to develop our plan and
be selective about what we pursue. We have received a significant amount of money and we
believe it appropriate to Jet others seek grant funding in this round.
12.
BOARD OF DIRECTORS' COMMENTS

Board members made no additional comments.
A question was asked about the outcome of the Ag Advisory Committee's Jetter defining
long term sustainable water supply. Mr. Weeks replied the Board of Supervisors has
been wrestling with water policies for the last month; but, resolution should occur at the
next Board of Supervisors' meeting at which time one of two options will be selected.
13.
ADJOURNMENT
Chair David Hart adjourned the meeting @ 2:30 PM.

SUBMITTED BY:
APPROVED ON:
Wini Chambliss
October 25,2010

Attachment:
Letter to the Superior Court of Monterey Sixth District Court of Appeal
11
EXHIBIT "E"
Page 1
RMC
April 7, 2010
Mr. Stephrn J>. Collins

Strategic Planning 111\d Management Consulting
26!33!gends C!.
Satin.,, CA 93908
Subject: MCWD Regioonl llesa!inatfon Facility, Amendment No.1
Dear Mr. Collins:

!This letter serves as Amendment No. 1 to your January 8, 2010 .auth.orltation to
pi'<>Vi<lo ea needed <Onsultlng ..rvlcea fur the above-merenced P'QitlC! Oll bebatf of
RMC Water and Environment (RMC). Please slgll, keop a copy !i>r your record~ and
return this originsl to the undersignod. The tetms: oft1)is am~ndment are es 1bllows:
I. Mro<lmum authorized budget is increased to: $15,000
All other terms and coodffioo contllined lo the January 8, 2010 all!horfzlltioo remain
unclmnged. emrta.t tho undersigned with questicoa or addltioual infbrmation noeds.
We look forwMd to cout!noing to work wilh you on this projeot.
Sincerely,
~~
Lynda! Molton, P.E.
Stephen P. Co ins
Sonlor Vi> Presid<:nt

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RMC 000289
EXHIBIT "F"
Page 1
RMC
uly 19,2010
Mr. Sl<pboo !'. Collins

Stmtegie Pl>nn!ng IUld Ma-cnt Consulting
~61 $>Legends Ct.
SalinfiS, CA 93908
Suhjeet: MCWl> Reglonol n...nnation l?atltlty, Amendmont No.2
Dear Mr. Collins:

This letter serves as A:tnel!dment No. 2 to your January s. 2010 authorlzatipn to
provide .. needad consulting servioos fur !he obov,....iiuonoed proj..t on behalf of
RMC W- aru! !!twironment (RMC). Please sign, keop a <;opy for your ....,rds, artd
rt!lurnthisor,gina!ID the unde!sigool. Thetermsof!hisameodmonlare., fullowl!'
1. Mo:dmum amhorized budget ;. inc,..se<l to: $125,000

Alt othef terms and conditions oonta:ined in tho Ianuaty 8~ :2(}10 atUhorizurion remain
unchanged. C<mlact the Ulldeosigned wllh qll<!StiODll or oddilinnal infurmation needs.
We look fo!1'1'1!td to conlinuing to WOJk with you on !his project.
Sinrerely,
~d~
Lyudol Mellon, P.ll.
Sonior Vioo P~ent
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EXHIBIT "G"
Page 1
RMC
D<oembet2, 2010
Mr. S!loph<Ol P. COllins

SU.Wgk Planniog and Management COnsuhllll!
26153 Lege<tds Ct.
Salinas, CA 939118
Subject< MCWD ll<glooallksolioati Facifity, Awend,..nl No.3
o- Mr. Ccllios:
tJ'bis Jetter"""'"' os Amendment No. 3 1D your lllll1lary 8, 2010 aulhorlzolion to

~Provide
as needed collSill!ing 5eNices fur the abov&-refereneed project on behalf of

RMC Wat and Environment (RMC). Please sign, keep a oopy fur your records, and
return llli orlginallo lhe lllldetsilll'od. Tbel<rolS ofthis ameodment are ss fulk>ws:
1. Maximum authorized hu<igot Is merc;sed to:

2. Contnlot tenniootlon da!e is:
$160,000
December Z, 20 I 0
All other tonns and oondi!Wns eantamed in tbo January 8, 2010 outhori>lltion remain
undlangod. Ccnloot the undersigned with questions or additional infonnatlon n<e<!s.
Wothank you fur your work on this project.
~~
Ly!!del Molton, !'.E.

Senior Vioe President
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RMC 000291
EXHIBIT "H"

BOARD OF DIRECTORS
BOARD MEMBERS:
STAFF:
David Hart, Chair

Richard Ortiz, Vice Chair
Silvio Bernardi
Steve Collins
Ken Ekelund
Jose Mendez
Richard Morgantini
Bill Petrovic
Doug Smith

William L. Phillips, Deputy General Manager
December 13, 2010

1:00PM
MINUTES
I.
SPECIAL BOARD MEETING CALLED TO ORDER at I :02 PM upon declaration of a

quorum by Board Chair, David Hart
2.
ROLLCALL
Present:
Absent:
Directors David Hart, Richard Ortiz, Silvio Bernardi, Steve Collins, Ken Ekelund,
Jose Mendez, Bill Petrovic(@ I :05 pm) and Doug Smith
Director Morgantini
3.
PLEDGE OF ALLEGIANCE (led by Director Bernardi)
4.
PUBLIC COMMENTS:
Margie Kay, North County resident, provided information regarding approval of an Aromas
Water District well for annexation into the Pajaro Valley Water Management Agency's
(PVWMA) boundary; requested information on monitoring wells associated with the Salinas
Valley Water Project; and, also relayed her surprise at opposition to the Granite Ridge Project
voiced at the Scoping meeting held on Wednesday, December 8, 20!0.
5.
CONSENT CALENDAR
A. Approve minutes from October 25, 2010 Regular Board of Directors meeting
B. Approve purchase orders/contracts in excess of $500 for October 20 I 0 and credit card
purchases in excess of $500 for September/October 20 I 0
ACTION:
Motion and Second by Directors Collins and Ortiz to approve the Consent Calendar.
6.
PRESENTATION
A. Mussel Plan
Elizabeth Krafft, Senior Hydrologist, introduced associates Carolyn Burg from San Luis
Obispo County and Tom Shepherd from the Monterey County Parks Department before
providing information regarding Quagga/Zebra mussels: the Agency's draft plan; infestation
risk to the Agency's reservoirs; laws enacted for their monitoring/control; and, staff activities
since August 2009. Ms Krafft discussed continued collaboration with San Luis Obispo
County and the National Water Resource Management Advisory Committee (MWRMAC) as
well as future planned activities including: finalizing the Agency's draft plan; developing an
annual operational plan template; implementing a banding program and possibly
closing/reducing ramp/lake access during off times/seasons. The Agency is also working
with San Luis Obispo County officials to develop a cost share proposal for the program;
coordinating with private ramp owners; and, discussing operational plans.
Public Comments:
Margie Kay, North County resident, asked whether boats recently visiting infested waters
have been identified at the lakes, to which staff responded affinnatively. These boats were
denied entry onto the lakes. Parks staff has done well in making the best of these negative
situations.
ACTION:
Motion and Second by Directors Mendez and Bernardi to accept staff's Mnssel Plan presentation.
B. Seawater Intrusion
Kathy Thomas berg, Senior Hydrologist-- Water Quality/Conservation, provided a review of

the Salinas Valley Hydrologic subareas along with an overview of2009 Seawater Intrusion
2
monitoring of the 180-foot and 400-foot aquifers. She discussed the purpose and objectives
of the monitoring and also gave a seawater intrusion status report including visual maps, total
acreage associated with advancement, and the tools used in evaluation.
Public Comments:
Nancy Isakson, Salinas Valley Water Coalition (SVWC), stated for each of the reporting
years the efforts funded by the Community are working in stopping seawater intrusion. She
commended staff for their efforts.
ACTION:
Motion and Second by Directors Collins and Ekelund to accept staff's Seawater Intrusion
presentation.
Director Collins left the dais(@ 2:00pm; but, voiced his support for the first three action
items as Chair of the Finance Committee.
7.
ACTION ITEMS
A. Consider approval of Budget Revision No. I to the Agency's FY 2010-11 Budget based on
Actual FY 2009-10 Carryover
David Kimbrough, Finance Manager, reviewed this annual routine item for the Board. Fund
balance estimates were made in March I April ofFY 2009-l 0 and this revision reflects actual
carryover. Mr. Kimbrough reviewed and explained the changes in Agency funds. General
Manager Weeks commended Mr. Kimbrough for maintaining ample reserves before and after
receipt of assessments that fund Agency operations.
Public Comments:
Nancy Isakson, SVWC, asked the total of the actual carryover vs. the estimated. How much
additional monies have been generated because of the carryover available for next year. Mr.
Kimbrough will provide that information.
ACTION:
Motion and second by Directors Ekelund and Bernardi to approve Budget Revision No. 1 to the
Agency's FY 2010-11 budget based on actual FY 2009-10 carryover.
The motion was carried unanimously.
B. Consider approval of Amendment No. 7 to the legal services agreement with Downey Brand
Attorneys, LLP in the amount of $150,000; and, authorize the General Manager to execute
the Amendment upon County Counsel approval as to form
David Kimbrough, Finance Manager, reported these monies will be used to cover a variety of
legal requirements. Some of these funds will be reimbursed with regard to the Regional
Desalination Project.
ACTION:
Motion and Second by Directors Mendez and Smith to approve Amendment No. 7 to the legal
services agreement with Downey Brand Attorneys, LLP in the amount of$150,000; and, authorize
the General Manager to execute the Amendment upon County Counsel approval as to form.
C. Consider approval of an Operation and Maintenance Agreement for the Salinas River
Diversion Facility (SRDF) with Monterey Regional Water Pollution Control Agency
(MRWPCA); and, authorize the General Manager to execute the Agreement upon County
Counsel approval as to form
Chris Moss, Senior Water Resource Engineer, discussed this five-year agreement with the
Monterey Regional Water Pollution Control Agency, stating that financing would be handled
during the regular budget process in each of the five years. The agreement is to operate and
maintain all of the Diversion Facility components. Significant revisions to the agreement:
ownership of components located on MRWPCA property is not address (separate action in
the next year); option for performing an operational audit is included; water quality is
specified in a separate document and is incorporated in the Agreement by reference;
indemnification was made equal between the two agencies; payments are approved each year
in the annual budget process; insurance requirements have been revised pursuant to the
County Risk Management office; and the term of the Agreement is five years with an option
to extend to six.
ACTION:
Motion and second of Directors Smith and Ekelund to approve an Operation and Maintenance
Agreement for the Salinas River Diversion Facility (SRDF) with Monterey Regional Water
Pollution Control Agency (MRWPCA); and, authorize the General Manager to execute the
Agreement upon County Counsel approval as to form.
D. Consider approval of a resolution to enter into a grant agreement with California Department
of Water Resources to obtain grant funding under Proposition 50 Chapter 8 Integrated
Regional Management Grant Program Supplemental Funding; and, authorize and direct the
General Manager to prepare the necessary data, conduct investigations and execute a grant
agreement upon County Counsel approval as to form
Elizabeth Krafft, Senior Water Resource Hydrologist, reported the Agency was selected
for Proposition 50 Chapter 8 Integrated Regional Water Management Grant Program
Supplemental Grant Program funding for the Salinas Valley Water Project Fish Habitat
and Monitoring Project proposal. In September 20lO,the California Department of Water
Resources notified the Agency the supplemental grant application had been selected in the
amount of$997,000 with an Agency match of$160,000. The Agency must expend the
funds initially and then be reimbursed (subject to availability of funds at the State level).
ACTION:
Motion and second of Directors Ortiz and Smith to adopt a resolution to enter into a grant
agreement with California Department of Water Resources to obtain grant funding under
Proposition 50 Chapter 8 Integrated Regional Management Grant Program Supplemental
Funding; and, authorize and direct the General Manager to prepare the necessary data, conduct
investigations and execute a grant agreement upon County Counsel approval as to form.
8.

Standing Committee meetings and the regular Board of Directors meeting will be held as follows:
Planning
Finance
Board of Directors
Thursday,January6,2011@ 1:30PM
Wednesday January 12, 2011 @8:30AM
Wednesday, January 12,2011@ 8:30AM
Friday, January 14,2011 @8:30AM
Friday, January 14, 2011 @ l 0 AM
Monday, January 24, 2011 @ 1 PM
General Manager Weeks reported the Strategic Planning workshop was not included. When the
Clerk to the Board returns, she will contact each of you to ascertain your availability for a full
day's workshop before the February Board meeting.
9.

I) North Monterey County- The Granite Ridge Scoping meeting was held last week
duriug which a fair amount of non-supportive comments were voiced. Staff made it
clear no decisions had been made and a Prop 218 ballot proceeding would allow
people to vote on this issue.
2) Regional Desalination Project - On December 2, 2010, the PUC approved the
Settlement and Water Purchase Agreements to build a regional desalination project
with the Agency, Marina Coast Water District and Cal Am with no substantial
changes. The next step is to bring the decision and all CEQA work documents back
to the Board of Supervisors (January II, 2011). The Agency is acting as the lead
agency, and we will then work with our partners to: select a Program Manager;
develop a financing plan (approximately March); designing/modeling/drilling test
wells (slant and vertical) in early spring. Coastal permits are required for the test
wells, and we hope to have them done by late fall of20 II with the idea of meeting the
2015 schedule for delivery of water. The agency is working on land acquisitions with
Marina Coast Water District (easement for slant well) and CEMEX and the
Armstrong family (easements for vertical we lllocations ).
Public Comments:
Margie Kay, North County resident, referred to Desai America as a website for information
regarding a proposed desalination project in Moss Landing.
Nancy Isakson, Salinas Valley Water Coalition, requested clarification as to whether the Board of
Supervisors would receive information regarding the desalination project before the Board of
Directors. General Manager Weeks responded the Board of Directors has already viewed the
identical information the Board of Supervisors will receive. She inquired about a timeline of
events related to securing a bond, securing permits, and drilling test wells. General Manager
Weeks responded securing bonding would be first with all other pieces flowing from the revenue
stream. Securing the bonding would be necessary even before securing the permits. Ms.lsakson
suggested a workshop be presented to the general public identifying the steps.
10.
COMMITTEE REPORTS
11.
INFORMATION ITEMS
12.
CORRESPONDENCE
Board members made no comments regarding correspondence listed on the agenda.
13.

Board members made no additional comments.
14.
ADJOURNMENT
Chair David Hart adjourned the meeting in memory of Jim Manassero, former Chairperson of
the Monterey County Agricultural Advisory Committee @ 2:56 PM.
SUBMITTED BY:
APPROVED ON:
Wini Chambliss
February 28. 20 II
EXHIBIT "I"

BOARD OF DIRECTORS
BOARD MEMBERS:
STAFF:
Richard Ortiz, Chair

David Hart, Vice Chair
Silvio Bernardi
Steve Collins
Ken Ekclund
Claude Hoover
Jose MCndez
Bill Petrovic
Doug Smith

January 24,2011
1:00PM
MINUTES
I,
REGULAR BOARD MEETING CALLED TO ORDER at 1:02PM upon declaration

of a quorum by Board Chair, David Hart
2.
ROLLCALL
Present:
Directors David Hart, Richard Ortiz, Silvio Bemardi, Steve Collins, Ken
Ekelund, Claude Hoover, Jose MCndez, Bill Petrovic and Doug Smith
Absent:
None
3.
PLEDGE OF ALLEGIANCE (led by Director Hart),

Chair Hart welcomed Claude Hoover, the Agency's new Board member.
4.
ELECTION OF OFFICERS
Prior to the election, Director Ekelund suggested the Board consider developing a
leadership process as well as a nominating committee prior to the next election of
officers. He also introduced the idea of a two~year tenure for the Chair..fill!1.asked the
Board to develop a process to develop leaders.
ACTION:
Motion and Second by Directors Collins and Berna1di to elect Dircdor Ortiz as Chair and
David Hart as Vice Chair of the Board of Directors for 201 l.
Ayes
Noes
Directors Hart, Ortiz, Bernardi, Petrovic, Collins, Ekclund, Smith and Hoover
Director MCndcz

Director Hart passed the gavel to Director Ortiz, nho thanked the Board for their vote of
confidence.
5.
PUBLIC COMMENTS:
Margie Kay, North County resident congratulated Chair 01tiz and also discussed a Pajaro
SunnyMesa Community Services District issue.
General Manager Weeks asked that the Board pull the following from the day's agenda:
Action Item 7E(a)- Consider actions to implement the Regional DesalinatioJt
Project; and. authorize the General Manager to execute the following: a) Program
Management Agreement with RMC Water and Environment for the Regional
Water Project.
He also corrected typographical errors in Action Item 7C which should read as follows:
Consider approval of Amendment No. 8 to the legal services agreement with
Downt.~\' Brand Attorneys. LLP which increases the hourly rates effective January l.
2011; and. authorize the Gcnerall\lanagcr to execute the amendment upon County
Counsel approval as to form.
6.
CONSENT CALENDAR
A. Approve purchase orders/contracts in excess of$500 for November and December 2010
and credit card purchases in excess of$500 for October, November and December 2010
B. Receive Report on Salinas Valley Water Conditions for the first Quarter of Water Year
2010-2011

ACTION:
Motion and Second by Directors Collins and Ekelund to approve the Consent Calendar as
Amended.
~lotion
carried unanimously.
~~-----------------------,
Deleted: o
,! _____
______:-~------~~--------'
7.
ACTION ITEMS
A. Consider approval of a professional services agreement with Whitson and Associates,
Inc. DBA Whitson Engineers fOr providing on-cal! surveying services at Monterey
County Water Resources Agency property and facilities from Nacimiento Reservoir to
the Pajaro River in the amount not to exceed &75,000; and, authorize the General
Manager to execute the agreement upon County Counsel approval as to fon11
Brent Buche, Chief of Operations & Maintenance, reported that a history of

encroachment upon Agency properties and facilities necessitates the surveying services
of \Vhitson Engineers who is under contract with Monterey County Public Works and
the Parks Department. Whitson Engineers will identity Agency property lines for
demarcation and posting of private property signage that provides notice to all that
entrance onto the property is by permission only.
ACTION:
Motion and second by Dil-ectors Collins and Hoover to approve a professional services
agreement with Whitson and Associates, Inc. DBA Whitson Engineers for providing oncall surveying services at 1\'lonterey County Water Resources Agency property and
facilities from Nacimiento Reservoir to the Pajaro River in the amount not to exceed
&75,000; and, authorize the General :Manager to execute the agreement upon County
B. Consider approval of a professional services agreement with Site Constructors Inc. for
specialized maintenance to Hydropower Generating Unit No. l at the Nacimiento
Hydroelectric Plant in the amount not to exceed $100,308; and, authorize the General
Manager to execute the agreement upon County Counsel approval as to form
Nick Becker, Associate Water Resource Engineer, reported a recent site inspection of
Hydropower Generating Unit No. I revealed the need for a number of renovations that
would increase the longevity of the unit. The most pressing would be relining/recoating
the interior and exterior of waterway passages. The length of the proposed project is
approximately four weeks; and, it is expected that Unit # l will be back online prior to
March 15,2011. No revenues will be lost as a result of the Hydropower Generating Unit
being offline.
ACTION:
Motion and Second by Directors Ekelund and Bernardi to approve a professional services
agreement with Site Constructors Inc. for specialized maintenance to Hydropower
Generating Unit No. I at the Nacimitmto Hydroelectric Plant in the amount not to exceed
$100,308; and, authorize the General Manager to execute the agreement upon County
C. Consider approval of Amendment No. 8 to the legal services agreement with Downey
Brand Attorneys, LLP which increases the hourly rates effective January I, 20 ll;
and, authorize the General Manager to execute the amendment upon County Counsel
approval as to fonn
David Kimbrough, Finance Manager, reported Downey Brand has not requested any fee
increases in two years, and that the Agency has traditionally been provided discount
rates. At this time, a 7. 7% increase is requested. The Agency utilizes the expertise of
Downey Brand in areas such as water rights; the Public Utilities process; and, specific
areas of law, Fees charged to the Agency are well below the market rate.
ACTION:
Motion and second of Directors Collins and Smith to approve Amendment No. 8 to the legal
services agreement with Downey Brant Attorneys, LLP which increases the hourly rates
effective January 1, 2011; and, authorize the General :Manager to execute the amendment
upon County Counsel approval as to form.
Ayes
Noes
Directors Ortiz, Hart, Bernardi, Collins, Ekelund, MCndez, Petrovic and Smith
Director Hoover
D. Consider receipt of a report on the Greater Monterey County Integrated Regional

Water Management Plan (GMC IRWMP) process
Rob Johnson, Assistant General Manager/Chief of Water Resources & Planning,
provided an update to the GMC IRWMP process. He indicated the submitted projects
were reviewed by one of four committees and subsequently ranked based upon the Goals
and Objectives agreed upon by the Regional Water Management Group (RWMG) in
2010. Fifty eight projects were submitted: 32 implementation projects and 26 concept
projects. Ranking results indicated multiplc-bcnctit projects scored highest; yet, scores
did not indicate the degree of need (i.e., Granite Ridge was ranked #57). Opportunities
remain, however, for integration of and collaboration between projects. And, as the plan
moves forward, rankings could change, Total funding for the Central Coast area is $52
4
million to be divided among six (6) regions in a multi-year process. Round 1 for the
Planning Grant is $1 million \Vhile Round 1 for Implementation is $11.3 million. Thirty
nine Prop 84 applications were received, of which 30 were funded. To date the Agency
has received a draft recommendation to receive approximately $750,000 in mini-Prop 50
funds to update/complete the GMC IRWMP to make it Prop 84 compliant.
Public Comments:
Darlene Din, Monterey County resident, discussed her perception of flaws in the
planning grant process: the lack of collaboration; the criteria for awarding funds;
awarding monies for fUnds, geographical locations as well as the idea of collaboration.
She wanted to know how agriculturalists can tmly become involved in the process.
~~-----------~------------
ACTION:
'Motion and second of Directors Hoover and Hart to receive the report on the Greater
Monterey County Integrated Regional Water Management Plan process.
R Consider actions to implement the Regional Desalination Project; and, authorize the
General Manager to execute the following: a) Pregra:Ht MaRagetHeHt Agreemeat y, itfl
RMC \Vater a:aS. BRvireameRt fer tRe Regioaal '#ater Prejeet; and, b) California
American Water Line of Credit Agreement
General Manager Weeks reminded Board members the Program Management
Agreement portion of this agenda item was pulled. Mr. Weeks noted the cun-ent
document for consideration addresses an issue of concern. In 2014, the underlying letter
of credit may cease, at which time the debt would become due and payable. The revised
document addresses that issue, stating all costs under section 7 of the Water Purchase
Agreement would be rolled into rates paid by the rate payer: the Agency will not be at
risk. Ifthere are problems financing (market unstable), the Agency needs to have an off
ramp. This underlying line of credit agreement allows the Agency to borrow money ($8
million) from Cal Am Water at their cost plus a specific interest rate attached. This will
be in operation through the term of the agreement (94 years). The money will be used to
drill test wells; secure pennits; develop financing plan; and, pay off debt No progress
can be made until this line of credit is secured as it is gap financing between today and
the time when the bond structure is in place. Hopefully, the entire $8 million will not be
needed.
Public Comments:
Darlene Din asked if the Agency would be at risk if bonds are unavailable, to which
General Manager Weeks responded negatively based upon section 7A of the Water
Purchase Agreement.
5
ACTION:
!\'lotion and second of Directors Ekelund and Hoover to approve the Program MaHagement
Agreement 'll'ith Rl\1C '.Vater and Environment AND the California American Water Line of
Credit Agreement for the Regional Water Project.
8.

follows:
Planning
Finance
Board of Directors
Thursday, February 3, 2011 @ I :30 PM

Wednesday February 9, 2011@ 10 AM
Thursday, February 10, 2011@ 8:30AM
Friday, February 11, 2011 @8:30AM
Friday, February II, 2011 @ 10 AM
Monday, February 28, 2011@ I PM
Strategic Planning #1
Monday, February 7, 2011 from 9:00am~ 2:00pm

Red Bull Energy Center, Laguna Seca Raceway
Monday, February 28,2011 from 8:30am~ 12:00 pm
Water Resources Agency Board Room
893 Blanco Circle, Salinas, CA 93901
Strategic Planning #2
General Manager Weeks explained the Strategic Planning Workshops will consist of
brainstorming to develop key objectives in the major areas of the Agency. Mr. Weeks also
indicated he will work with Chair Ortiz in the Standing Committee structure.
9.

I) Greater Monterey County Integrated Regional Water Management Plan and
Granite Ridge~ Staff has dedicated considerable time and effort on these
projects and was somewhat surprised at voiced opposition to the Granite
Ridge project.
2) Regional Desalination Project A significant amount of time was spent this
month on the Line of Credit Agreement. Efforts are now directed to
development of the Program Manager Agreement along with the application
for Private Activity Bonds. There is a 60-day window for the Board to
review and schedule the opportunity to receive an allocation which would
occur in May or June 20 II if approved. The DRA (Division of Ratepayer
Advocates) has applied for a rehearing which we believe will be
6
unsuccessfuL If they are unsuccessful, their only alternative is the California

Supreme Court
3) Weather -- Staff members Howard Franklin and Rob Johnson correctly
predicted the LaNii'ia event that we arc now experiencing. We arc hopeful
that early melting snow will not result in flooding as was experienced a
couple of years ago.
10.
COMMITTEE REPORTS
II.
INFORMATION ITEMS
Board members received all infonnation items without question.
12.
CORRESPONDENCE
Board members received correspondence without question.
13.
---------------------------In response to a question posed by a member of the public regarding whether his
appointment to the Planning Commission posed a conflict of interest to his service on the
Agency Board of Directors, Director MCndez requested the opinion of Deputy County
Counsel Irv Grant. Mr. Grant stated the issue is not addressed in the Agency's Bylaws.
However, he informed Director Mendez there is a Government Code that speaks to the
issue. Mr. Grant stated he will infom1 Director Mendez if it is determined he cannot
continue his service as a Director.
14.
ADJOURNMENT
Chair adjourned the meeting @ 2:47 PM.

SUBMITTED BY:
APPROVED ON:
Wini Chambliss
February 28, 2011
EXHIBIT "J"

BOARD OF DIRECTORS
BOARD MEMBERS:
STAFF:
Richard Ortiz, Chair

David Hart, Vice Chair
Silvio Bernardi
Steve Collins(@ I :05 p.m.)
Ken Ekclund
Claude Hoover
Jose Mendez
Bill Petrovic
Doug Smith

Bill Phiilips, Deputy General Manager
lrv Grant, Deputy County Counsel
February 28, 2011

1:00PM
MINUTES
I.
REGULAR BOARD MEETING CALLED TO ORDER at I :00 PM upon declaration

of a quorum by Board Chair, Richard Ortiz
2.
ROLLCALL
Present:
Absent:
Ekelund, Claude Hoover, Jose Mendez, Bill Petrovic and Doug Smith
None
3.
PLEDGE OF ALLEGIANCE (led by Director Mendez)
4.
PUBLIC COMMENTS:
Jack Armstrong, Armstrong Ranch in Marina, expressed his desire to annex only four
parcels into Zone 2B. Chair Ortiz requested that Mr. Armstrong make his comments
when this agendized item was considered.
5.
CONSENT CALENDAR
A. Approve minutes for the following meetings: Special Board of Directors held
December 13,201 0; Regular Board of Directors held on January 24,2011; Strategic
Planning Workshop #I held on February 7, 2011
B. Approve purchase orders/contracts in excess of $500 for January 20 ll and credit

card purchases in excess of$500 for December 2010 and January 2011
C. Receive report on Agency as Lead Agency for Phase Two of Carmel River Flood
Plain Restoration and Environmental Enhancement Project
ACTION:
Motion and Second by Directors Ekelund and Smith to approve the Consent Calendar.
Motion carried unanimously (Director Claude Hoover had not yet arrived).
6.
PRESENTATION
A. Resolution of Commendation for outgoing Director Richard Morgantini

General Manager Weeks read the resolution for Director Morgantini into the record.
ACTION:
Motion and Second by Directors Collins and Hart to approve Resolution of Commendation
for outgoing Director Richard Morgantini
Chair Ortiz acknowledged a change in the title of Action Item 7B as follows:

Consider approval of an agreement to provide Project Management Services IN AN AMOUNT
NOT TO EXCEED $4.163 MILLION with RMC Water and Environment for the Regional
Desalination Project; and, authorize the General Manager to execute the Agreement upon
County Counsel approval as to form
7.
ACTION ITEMS
A. Consider providing direction to the Monterey County Water Resources Agency Staff
regarding development of a Zone 2B Annexation Policy
David Kimbrough, Finance Manager, reviewed this item and asked the Board's direction
on four components of the application process: l) annexation formula; 2) application
procedure approval process external and internal; 3) connection process; and, 4)
development of an application fcc. Draft policy requires all parcels requesting
annexation into Zone 2B to meet the requirements contained in the Agency Act and
Section 43 of the Water Code. It also requires that parcels first be annexed into Zone 2
and 2A. Components 3 and 4will require the Board of Supervisors to establish an
2
Ordinance. Staff recommends any excess funds generated be directed toward debt
retirement. No annexations would be made prior to two complete years of SRDF
operations and it is anticipated all four components of the draft policy would be
completed by summer of 2011. It will be important to infonn landowners the final
cost(s) for annexation as the fees will vary depending on whether parcels are outside
Zones 2Y and 2Z or within Zones 2Y and 2Z but outside Zone 2B. The application fee
(one-time fcc) will include CEQA costs, staff costs, ongoing costs, etc. and would be
handled as a deposit against which landowners would bill.
Public Comments:
Margie Kay, North County resident, asked if there was enough water available for
Castroville residents. General Manager Weeks responded the answer to this question is
part and parcel to development of an ordinance.
Nancy Isakson, Salinas Valley Water Coalition, asked why some parcels were not
originally included in Zones 2Y and 2Z and suggested the Board review the ClarifYing
Ordinance with respect to the specifications of Zone 2C. General Manager Weeks
corrected Ms. Isakson stating the ClarifYing Ordinance referred to Zone 2B.
General Manager Weeks recommended the Board consider the following motion:
ACTION:
Motion and second by Directors Collins and Ekelund to submit draft policy and formulae
to MRWPCA's Water Quality and Operations; and, upon their favorable review return
same to Board of Directors in March with an update.
B. Consider approval of an agreement to provide Project Management Services IN AN
AMOUNT NOT TO EXCEED $4.1 63 Mil .I .ION with RMC Water and Environment
for the Regional Desalination Project; and, authorize the General Manager to execute the
Agreement upon County Counsel approval as to form
Director Collins recused himself from this discussion due to a conflict of interest.
General Manager Weeks indicated this is a three-way agreement for Project Management
services with RMC, and that incurred costs will be proportional to the Agency's
participation in the project. Mr. Weeks stressed the importance of one organization
being responsible for the coordination ofthe project between the three entities. He stated
design and construction contracts will be approved directly by the Agency. This
agreement includes cost saving measures including constructability reviews and value
engineering. General Manager Weeks reported the Regional Desalination Project
Advisory Committee unanimously selected RMC, who discounted their rates 5% in an
effort to reduce costs. The agreement is designed as a task order contract that can be
modified as needed.
3
General Manager Weeks asked the Board to consider approving this issue with the
caveat that all numbers be reviewed for accuracy (due to a possible error in calculations
in the total agreement amount as identified by County Counsel), and that a 5% inflation
escalator be included.
Public Comments:
Lynde! Melton, RMC Water and Environment, explained the 5% discount on hourly rate
adjusted annually based upon the San Francisco CPI but not to exceed 5% annually.
Nancy Isakson, Salinas Valley Water Coalition, voiced her dismay over the fact the
overall financing plan has not yet been presented and money is being spent. She asked
whether expenditures are reimbursable by Cal Am. Additionally, she asked whether
work on the wells has been halted due to litigation and whether Cal Am is indemnifying
the Agency with respect to litigation costs. General Manager Weeks responded
litigation costs will be reimbursed through the bonding mechanism, and that the
assistance of RMC is needed in developing the financing plan. Currently, there is
an $8 million line of credit available to cover the services of RMC. All three entities
are working diligently to complete the financing plan. However, if the plan fails
completely, costs incurred to date will be rolled by Cal Am into their rate base. The
indenture is paid when water is delivered. Regarding the newspaper item, the
entities are working on a number of issues; but, the work is not stopping.
ACTION:
Motion and Second by Directors Hart and Ekelund to approve an agreement to provide
Project Management Services IN AN AMOUNT NOT TO EXCEED $4.184 MII.J,JQN
AND THAT A 5% SAN FRANCISCO CPI INFLATION INDEX BE INCLUDED with
RMC Water and Environment for the Regional Desalination Project; and, authorize the
General Manager to execute the Agreement upon County Counsel approval as to form.
Motion carried unanimously. (Director Collins abstained due to a conflict of interest)
C. The Board of Directors consider recommending the Monterey County Water Resources
Agency Grand Jury Report response to the Board of Supervisors for inclusion in the
County of Monterey's Grand Jury Response
General Manager Weeks reviewed the Agency's response to the Civil Grand Jury, and
requested the Board's support for submission of same to the Board of Supervisors for
inclusion in the County of Monterey's Grand Jury Response.
ACTION:
Motion and second of Directors Collins and Bernardi to recommend the Monterey County
Water Resources Agency Grand Jury Report response to the Board of Supervisors for
inclusion in the County of Monterey's Grand Jury Response.
8.
follows:
9.
Plarming
Finance
Board of Directors
Thursday, March 3, 2011 @1:30PM

Wednesday March 9, 2011 @ 10 AM
Thursday, March 10,2011@ 8:30AM
Friday, March 11,2011 @8:30AM
Friday, March 11,2011@ 10 AM
Monday, March 28, 2011 @ 1 PM
Budget Workshop
Monday, March 28,2011 @ 9 AM

1) Strategic Planning Workshops - Mr. Weeks thanked Board for their
commitment and participation in Strategic Planning workshops in
anticipation of developing a Strategic Plan.
2) Regional Desalination Project - Mr. Weeks informed the Board of two
important meetings taking place on Tuesday and Wednesday of this week
regarding financing and other issues.
10.
COMMITTEE REPORTS

II.
INFORMATION ITEMS
12.
CORRESPONDENCE
Board members received correspondence without question.

13.
Chair Ortiz thanked staff for their efforts with respect to Strategic Planning. He also
informed the Board he will be working with County Counsel to draft a letter to the
Board of Supervisors regarding the General Manager's positive performance
evaluation.
Director Petrovic informed Board members he sent a letter to Supervisor Simon
Salinas (who appointed him) commending General Manager Weeks and Staff for
their exemplary work at the Agency. He recommended Board members to do
likewise with their appointing agencies.
14.
ADJOURNMENT
Chair adjourned the meeting @ 2:34 PM
SUBMITTED BY:
APPROVED ON:
Wini Chambliss
March 28, 20 ll

Exhibits A-J To Declaration Stephen P. Collins Pgs 1-72 10-09-14

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2

JAMES L. MARKMAN (Bar No. 43536)

MARK FOGELMAN (Bar No. 50510)

Case No. CGC-13-528312

pursuant to Govt. Code 6103]

Date: October 23, 2014

25 AND RELATED CROSS-ACTIONS.

Trial Date (phase one)

Jud2:e: Hon. Curtis Karnow

2 (Marina) provides the following Exhibits referenced in Marina's Memorandum In

Criminal complaint styled "People of the State of California v. Stephen P.

RMC Contract With Stephen Collins, dated January 8, 2010 ("RMC

Minutes of April 5, 20 I 0 Monterey Board of Directors meeting

Minutes of September 27, 20 I 0 Monterey Board of Directors meeting

Amendment I to RMC Contract

Amendment 2 to RMC Contract

Amendment 3 to RMC Contract

Minutes of December 13, 2010 Monterey Board of Directors meeting

Minutes of January 24, 20 I I Monterey Board of Directors meeting

Minutes of February 28, 2011 Monterey Board of Directors meeting

RICHARDS, WATSON & GERSHON

/s/ James L. Markman

DECLARATION OF STEPHEN P. COLLINS

!Telephone: (8311 755-5070

SUPERIOR COURT OF CALIFORNIA,

on information and belief,

the crime of CONFLICT OF INTEREST,

!GOVERNMENT CODE SECTION 1090,

was committed by STEPHEN

while a Director on the Board of

I Direct:ors of the Monterey County Water Resources Agency, become

!financially interested in a contract made by him in his officj.al

and by a body and board of which the defendant was a

THROUGH Ft~RUARY 28,

ICOUNTo 002, for a further and separate cause of comp~aint, being

!the crime of CONFLICT OF INTEREST,

THROUGH APRii 30,

commit ted by S__TEPHEN PHILLIP

while a Director on the Board of _Directors of

!interested in a contract made by him in his offi~ia~_capacity,

) and by a body and board of which the defendant 'was a member,

GRAND THEFT BY FALSE PRETENSES

!who did knowingly and designedly,

was committed by STEPHEN PHILLIP COLLINS,

by any false or fraudulent

]representation or pretense, defraud any other person of money,

]labor or real or personal property,

MONEY the propert.Y of OCEAN MIST

for a further and separate cause of complaint, being

Ia different offense from but connected in its commirision with

I the chrge set forth in Count 003,

!THEFT BY FALSE PRETENSES,

the crime of GRAND

was committed by STEPHEN PHILLIP COLLINS,

/who did knowingly and designedly,

!representation or pretense, defraud any other person of money,

!labor or real or personal property,

MONEY the property of._ OCEAN MIST

offense from but connected in its

lthe ~harge set forth in Count 004,

/and says: On or about JANUARY 13,

the crime of GRAND

.in violation of Section 487 (a)