EXHIBIT 15-A
DRAFT
CHARGE TO THE MPWMD AD HOC
PUBLIC OWNERSHIP ANALYSIS COMMITTEE
1.
Primary Function
The Public Ownership Analysis Committee (POAC) is an ad hoc committee formed to analyze the cost for public ownership of California-American Water’s (Cal-Am) Monterey District, describe governance for a publicly owned utility, and define the public utility’s scope of responsibility. The POAC shall not recommend a position of support or disapproval for public ownership of Cal-Am’s Monterey District. The POAC shall complete its analysis and submit a report for consideration by the Board of Directors at its May 2012 meeting.
2. Process
The POAC will meet once a month for six months, beginning in November 2011. The final meeting should occur in April 2012, when the POAC will approve its report for referral to the Board of Directors. The report will address the following issues: (1) the cost to purchase Cal-Am’s Monterey District; (2) the timeline to complete the eminent domain process; (3) the cost cap that ratepayers would accept over a defined time period; (4) Cal-Am’s contractual obligations that would be transferred to a publicly owned utility; (5) a governance structure(s); (6) the scope of responsibility for the publicly owned utility; and (7) how the purchase of Cal-Am would impact the proposed Monterey Regional Water Supply Project. The POAC will utilize as a reference, but not be limited to, the July 7, 2011 Water Plus Proposal for acquisition of Cal-Am, and the report titled “Cal-Am Water Company Monterey District Water System Summary Appraisal Report on the Fair Market Value of the Total Invested Capital and a 100 percent Interest In Common Stock as of November 15, 2005” prepared by Beacon Valuation Group, LLC. The POAC meets the definition of a “legislative body” as defined by the Brown Act; therefore, all meetings shall be noticed and open to the public in compliance with the Brown Act.
3. Composition and Structure
a) The POAC is comprised of nine (9) members; seven (7) community members and two (2) additional representatives, one each from Cal-Am and WaterPlus.
b)
Each of the 7 MPWMD Directors will appoint one
community member to participate on the committee. Each member shall serve at the pleasure of
the appointing authority, and may be removed without cause or notice.
c)
Each of the 7 appointees must reside within the
District boundaries and represent a community group. The District maintains a list of groups that
have expressed interest in participating on the committee. This list is available as a resource to the
appointing Director; however, it is not required that representatives be chosen
from the list.
d)
Cal-Am will appoint a member of its staff to the committee,
and WaterPlus will appoint a representative from its organization to the
committee. There is no requirement that
these two (2) appointees reside within the District.
e) A quorum of five (5) POAC members shall be required for an official meeting to be conducted. Action may be taken by majority vote of those POAC members present.
f) The General Manager will serve as Chair and non-voting member of the POAC, for purposes of facilitating meetings. District staff will provide support to the committee as appropriate.
4. Responsibilities of the Committee
Meet monthly between November 2011 and April 2012, and submit a written report to the Board of Directors for consideration at its May 2012 meeting.
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