S TA T E O F C AL I FO RNI A

FAIR POLITICAL PRACTICES COMMISSION

428 J Street Suite 620 Sacramento, CA 95814-2329

May 15, 2017

Jim Phelps
via email at:

RE: FPPC No. 17/453; Sworn Complaint Against Ms. Kate Sears

Dear Mr. Phelps:

This letter is to notify you that the Enforcement Division of the Fair Political Practices
Commission will investigate the allegation(s), under the jurisdiction of the Commission,
of the sworn complaint you submitted in the above-referenced matter. You will next
receive notification from us upon final disposition of the case. However, please be
advised that at this time we have not made any determination about the validity of the
allegation(s) you have made or about the culpability, if any, of the person(s) you identify
in your complaint.

Thank you for taking the time to bring this matter to our attention.

Sincerely,
GWest
Galena West, Chief
Enforcement Division
GW/ch
cc: Mr. James Harrison
Remcho, Johansen & Purcell, LLP
o/b/o Ms. Kate Sears
 S TA T E OF CA L IF OR NI A
FAIR POLITICAL PRACTICES COMMISSION
428 J Street Suite 620 Sacramento, CA 95814 -2329

May 1, 2017

Kate Sears
Respondent

415-473-7331
3501 Civic Center Dr
San Rafael, CA 94903

Dear Ms. Sears:

The Enforcement Division of the Fair Political Practices Commission received the
enclosed complaint against you. It appears the complainant is alleging you have violated
the Political Reform Acts1 conflict of interest provisions. The information filed in the
complaint is below and any attachments filed will be enclosed. The complaint was filed
against all those listed above.

The person filing the Complaint is:

Jim Phelps
Complainant

The violations alleged are:

Conflict of Interest
General Rule (87100)
County of Marin Supervisor Kate Sears acts as Chair of Marin Clean Energy, a joint
powers authority representing municipalities in Marin, Napa, Contra Costa, and Solano
counties. While holding stock in Royal Dutch Shell, Sears voted to approve extending a
multi-million dollar contract with Shell Energy North America, a subsidiary of Royal
Dutch Shell. Sears also executed a separate sole source $5 million contract with Shell.
Source documents are attached.

1
Please note that under the Act, you are required to retain accounts, records, bills, receipts and
other original source documentation. These records should be readily available for any audit or
investigation conducted by the Fair Political Practices Commission. ( 84104, 86110 and 90003;
Regulations 18401, 18401.1.)
At this time, we have not made any determination about the allegation(s) made in the
complaint. Within 14 days, the complainant will be told if we will:

investigate the allegations of the complaint;

refer the complaint to another governmental agency;
take no action on the complaint because, on the basis of the information provided,
the Commission does not appear to have jurisdiction to investigate; or
take no action on the complaint because the allegations of the complaint do not
warrant the Commission's further action.

A copy of that letter will be forwarded to you. Should you have any comments on the
allegation(s), your comments must be submitted in writing directed to Chloe Hackert
at the address shown above or by email at chackert@fppc.ca.gov. Please include the
Complaint Number, COM-05012017-00829 in your response.

Sincerely,
Enforcement Division
Fair Political Practices Commission
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Marin Energy Authority

Board Meeting
Thursday, February 2, 2012
7:00PM

Dawn Weisz San Rafael Corporate Center, Tamalpais Room

Executive Officer 750 Lindaro Street San Rafael, CA 94901
Tom Cromwell
City of Belvedere
Agenda Page 2 of 3
Alexandra Cock
Town of Corte Madera
11. Resolution 2012-05 Approving Second Amendment to and
Larry Bragman Restatement of Confirmation Agreement with Shell Energy
Town of Fairfax North America (Discussion/Action)

Len Rifkind
City of Larkspur 12. Confirmation Agreement for Resource Adequacy with Shell
Energy North America (Discussion/Action)
Kathrin Sears
County of Marin
13. Resolution 2012-06 Approving the Second Amendment to and
Ken Wachtel Restatement of Security Agreement with Shell Energy North
City of Mill Valley America (Discussion/Action)

Denise Athas
City of Novato 14. Resolution 2012-07 Approving the Execution and Delivery of a
Credit Agreement by and Between the Marin Energy Authority
Chris Martin and River City Bank, and the Issuance of a Promissory Note in
Town of Ross Connection Therewith in a principal amount not to exceed
$3,000,000.00 (Discussion/Action)
Ford Greene
Town of San Anselmo
15. Agreement with OneEnergy for Renewable Energy Credits
Damon Connolly (Discussion/Action)
City of San Rafael

Jonathan Leone 16. Introduction of Proposed Rates for FY13 (Discussion/Action)

City of Sausalito

Richard Collins 17. Energy Upgrade CA Rebate Program (Discussion/Action)

Town of Tiburon

18. Resolution 2012-08 Approving the Marin Energy Authority

781 Lincoln Avenue Energy Efficiency Plan (Discussion/Action)
Suite 320
San Rafael, CA 94901

(888) 632-3674
marincleanenergy.com



Agenda material can be inspected in the Marin County Sheriffs lobby, located at 3501 Civic Center Drive, San Rafael, CA 94903. The meeting facilities are in

you
accessible locations. If you are a person with a disability and require this document in an alternate format (example: Braille, Large Print, Audiotape, CD-ROM),
may request it by using the contact information below. If you require accommodation (example: ASL Interpreter, reader, note taker) to participate in any MEA
program, service or activity, you may request an accommodation by calling (415) 464-6021 (voice) or 711 for the California Relay Service or by e-mail at

sgardner@marinenergy.com not less than four work days in advance of the event.


December 4, 2014

TO: Marin Clean Energy Board

FROM: Sarah Estes-Smith, Administrative Associate

RE: Report on Approved Contracts (Agenda Item #4 C.2)

Dear Board Members:

SUMMARY:

In March 2013 your Board adopted Resolution 2013-04 which authorized the Executive Officer to
enter into and execute contracts for an amount not to exceed $25,000 within a fiscal year consistent
with the Board approved budget, the Joint Powers Agreement, and the Operating Rules and
Regulations.
In November 2012 your Board approved the MCE Integrated Resource Plan authorizing the
Executive Officer to enter into and execute short term power purchase agreements for energy,
capacity and renewable energy for less than or equal to 12 months, as well as medium-term contracts
for energy, capacity and renewable energy for terms of greater than 12 months and less than or equal
to 5 years in conjunction with the MCE Board Chair. Short and medium term power purchase
agreements must be pursuant to a MCE Board approved Integrated Resource Plan. A committee of
the MCE Board is consulted prior to execution of any medium-term contract by the Executive Officer
and MCE Board Chair.
The following chart summarizes contracts of this nature which have been entered into during the
previous month:

Maximum
Annual Term of
Month Purpose Contractor
Contract Contract
Amount
Leadership training for Liz Paris
October MCE staff Consulting
$1,050 6 months

Transcription services for Lisas Word

November MCE Board meetings Processing
$5,000 5 months

25 MW
Shell Energy
November Hydroelectric
North America
$5,074,560 3 years
Power 2015-2017
Energy efficiency, finance,
procurement and
November stakeholder
Jennifer Dowdell $10,000 4 months
communications support

Recommendation: Information only. No action required.