Subject: Department of Water Resources Playing Self Interest Games - Oroville Project
Date: Tue, 01 Jun 1999 16:25:09 +0000
From: BOB BAIOCCHI <cspa@psln.com>

Organization: CSPA

To: email distribution

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971

Ms. Hoffman-Floerke, Chairperson May 29, 1999
California Department of Water Resources
Oroville Recreational Oversight Committee
3251 S Street
Sacramento, CA 95816

Dear Ms. Hoffman-Floerke:

We were surprised when we read in the Oroville Mercury-Register on May
27, 1999 that the California Department of Water Resources was a direct
party to, and directly formed and developed a new committee called the
"Oroville Recreational Oversight Committee". It is our understanding the
committee was formed as part of the relicensing process for the Oroville
Project FERC Project 2100 to prepare a comprehensive report on current
and future recreational needs and the related costs. It is our further
understanding the development of the "Oroville Recreational Oversight
Committee" was developed during the past four (4) months at private
non-public meetings in which the Oroville Recreation Advisory Committee
(ORAC) was not formally advised, including some of the formal FERC
intervenors who sit on the ORAC Board.

As you know, the Oroville Recreation Advisory Committee was formally
formed by the Federal Energy Regulatory Committee (FERC) by federal
order to deal with recreation development issues and other recreational
matters for the Oroville Project FERC Project No. 2100. However, the new
committee is not a replacement for the Oroville Recreation Advisory
Committee by federal order nor does it represent the interest of all
intervenors such as the California Sportfishing Protection Alliance,
other intervenors, and potentially other formal intervenors who may file
motions to intervene concerning the relicensing of the Oroville Project.

The Oroville Recreation Advisory Committee was formed by FERC by
federal order and made up of formal intervenors and other state agencies
such as the Department of Fish and Game, and the California Department
of Parks and Recreation, who were not intervenors, including the
California Department of Water Resources, the licensee. The new
committee called the "Oroville Recreational Oversight Committee",
without federal approval, is made up of (1) California Department of
Water Resources [Licensee] (5 representatives); (2) Butte County (two
representative); (3) California Department of Parks and Recreation (2
representatives); (4) Oroville Chamber of Commence (3 representatives);
and potential the (5) City of Oroville (two representatives).

The California Brown Act states as follows:

Section 4950 (The Brown Act) of the California Public Resources Code
states as follows:

"Section 54950". "Declaration of Public Policy". "In enacting this
chapter, the Legislature [California] finds and declares that the public
commissions, boards, and councils and the other public agencies in this
State exist to aid in the conduct of the people's business. It is the
intent of the law that their actions should be taken openly and that
their deliberations be conducted openly. - The people of this State do
not yield their sovereignty to the agencies which serve them. The
people, in delegating authority, do not give their public servants the
right to decide what is good for the people to know and what is not good
for them to know. The people insist on remaining informed so that they
may retain control over the instruments they have created."

The California Sportfishing Protection Alliance firmly believe the
California Department of Water Resources and you as the chairman of the
"Oroville Recreational Oversight Committee" are not exempt from the
provisions of the Brown Act as noted above.

We are requesting you to provide the CSPA with the following written
information:

1. Did DWR and the "Oroville Recreational Oversight Committee" publish,
and formally submit timely public notices of the committee meetings of
March 3, 1999; April 1, 1999; May 6, 1999; and May 25, 1999? Please
forward to me copies of public notices published and submitted for
public review for all four (4) committee meetings.

2. Did DWR and the "Oroville Recreational Oversight Committee" formally
allow the public to attend the committee meetings of March 3, 1999;
April 1, 1999; May 6, 1999; and May 25, 1999? Please provide me with
information that provides evidence that the DWR and the "Oroville
Recreational Oversight Committee" formally allowed the public to attend
and take part in the committee meetings of March 3, 1999; April 1, 1999;
May 6, 1999; and May 25, 1999.

Please forward to me at the address listed below copies of all public
notices for all future meetings of the committee.

3. Did you as chairman of the "Oroville Recreational Oversight
Committee", and also as a representative of DWR, prepare written agendas
for the committee meetings of March 3, 1999; April 1, 1999; May 6, 1999;
and May 25, 1999? Please forward to me copies of the written agendas.
Also, who selected the items on the committee agendas?

Please forward to me at the address listed below copies of all agendas
for all future meetings of the committee.

4. Did the DWR and the "Oroville Recreational Oversight Committee"
submit and mail copies of the committee minutes of all committee
meetings of March 3, 1999; April 1, 1999; May 6, 1999; and May 25, 1999
to the public, other interested parties and all formal intervenors who
are not members of the committee? If not, please explain the reasons why
the DWR and the committee did not submit and mail said minutes of all
committee meetings to the public, other interested parties and all
formal intervenors who are not members of the committee.

Please forward to me at the address listed below copies of all minutes
for all future meetings of the committee.

5. Provide me with an explanation concerning the manner in which the
members of the "Oroville Recreational Oversight Committee" were
selected. Did the DWR select the members of the committee and/or who
selected the members of the committee before the committee's first
meeting of March 3, 1999?

6. Prior to the first meeting of the "Oroville Recreational Oversight
Committee", and prior to the second and third committee meetings, did
DWR and you as chairperson of the committee formally advise the Oroville
Recreation Advisory Committee at a regular ORAC meeting of the formation
of the "Oroville Recreational Oversight Committee"? If not, please
explain the reasons why the DWR and you as chairperson of the committee
did not formally advise ORAC concerning the formation of the committee.

7. What body of government selected you as chairman of the "Oroville
Recreational Oversight Committee"? The committee meeting of March 3,
1999 does not show you were elected as chairman of the "Oroville
Recreational Oversight Committee" by members of the committee.

8. What are your qualifications for being the chairman of the "Oroville
Recreational Oversight Committee"? Please explain your background,
expertise, and experience in dealing with local recreation issue at the
Oroville Project and how you were selected as chairperson of the
committee.

9. How many ORAC meetings have you attended since ORAC was formed over
five years ago?

10. What are the formal qualification and requirements for becoming a
member of the "Oroville Recreational Oversight Committee"? Again, who
selects the members of the committee.

11. In the minutes of the meeting of March 3, 1999, "Action Items" were
noted in the minutes. The minutes do not show how action items were
discussed and voted on for approval by the committee. The majority of
the people on the committee at that meeting were representatives of DWR.
Did the committee members vote on approving those action items? If not,
please explain how the committee members approve action items without
any votes.

12. Does the "Oroville Recreational Oversight Committee" have by-laws in
order to conduct business? Please forward a copy of the by-laws.

13. Please forward a list of the members of the "Oroville Recreational
Oversight Committee". Cite names, agencies, and organizations.

14. At the "Oroville Recreational Oversight Committee" meeting of May 6,
1999 there were several handouts made by DWR for assistance to the
members of the committee. Please forward to me copies of those handouts.

15. Please place the CSPA on the mailing list and forward copies of all
press releases made by the "Oroville Recreational Oversight Committee".

16. At the "Oroville Recreational Oversight Committee" meeting of May
25, 1999 you handed out a scope of work from the Water Contractors for
discussion and changes were made. Please forward to me a copy of the
original scope of work by the Water Contractors, including the amended
scope of work which was changed and amended.

17 At the April 1, 1999 meeting of the "Oroville Recreational Oversight
Committee" there was a discussion about "a plan" which was changed to
"report". It was agreed by the committee, based on the committee
minutes" that 25-30 years would be the general vision items; 15-20 years
would be semi-specific items, and 5-10 years would be specific items for
the relicensing and mitigation measures for recreation at the Oroville
Project. Please forward a copy of the draft "report" to me at the
address listed below for the CSPA review and comments.

This is to advise you that the development of the "Oroville
Recreational Oversight Committee" by DWR was an obvious attempt to
undercut the efforts of the federally approved ORAC, in which the CSPA
is a member, by selecting certain people and attempting to give the
public the appearance it is a public driven committee and process.
This is to also advise you that the California Sportfishing Protection
Alliance believes the closed door non-public activities of the "Oroville
Recreational Oversight Committee" and the DWR violated the provisions of
the Brown Act.

A timely written response is requested.

Respectfully Submitted

_________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Tel: 530-836-1115; Fax: 530-836-2062

cc: Donald Blake, Esquire
California Sportfishing Protection Alliance
ORAC Representative
2175 Feather River Blvd.
Oroville, CA 95965

Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695

Interested Parties