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FINAL MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District December 12, 2005 |
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The meeting was called to
order at 7 PM in the Boardroom of the Monterey Regional Water Pollution
Control Agency. Directors Present: Larry Foy, Chair – Division
5 Judi Lehman – Division 2 David Pendergrass – Mayoral
Representative David Potter – General Manager: District Counsel: The assembly recited the
Pledge of Allegiance. The oath of office was
administered to Directors Lehman and Edwards by Arlene Tavani, Executive
Assistant. No comments were directed
to the Board during Oral Communications. On a motion by Director
Pendergrass and second by Director Edwards, the Consent Calendar was approved
by unanimous vote of the Board. Approved. Approved. Approved Approved. Approved. Approved. Approved. Approved. An outline of the report
presented by Henrietta Stern, Project Manager, is available for review at the
District office. An outline of Mr. Fuerst’s
presentation is on file at the District office. He reported that between October 1, 2005 and
December 8, 2005, Cal-Am produced 1,656 acre-feet of water from the District Counsel Laredo
stated that he provided a progress report to the Board on Closed Session
agenda items 3.A through 3.E. No
reportable action was taken. Action
was taken on item 4, when on a motion by Director Markey and second by
Director Edwards, the Board voted 6 – 0 (Director Potter was absent) to
approve amendments to the memorandums of understanding with the District’s
three labor groups regarding the holiday furlough week. The agreement states that employees who are
required to work during the furlough must take time off by February 28, 2006. The Board also met to discuss the
performance of the General Manager but no reportable action was taken. Director Lehman reported
that she attended the November 2005 conference of the Association of
California Water Agencies. During the
conference she volunteered to participate as a Water Ambassador in a
statewide outreach education program developed by ACWA. She reported that ACWA has developed a
Blueprint for California Water that consists of a twelve-point approach to
addressing the water situation in On a motion by Director
Pendergrass and second by Director Edwards, the January through March 2006
Quarterly Water Supply Strategy and Budget was unanimously adopted by the
Board on a vote of 7 – 0. No comments were received during the
public hearing on this item. Following a lengthy
discussion, the Directors agreed to table this item. Staff was directed to submit at the January
26, 2006 Board meeting a proposal to contract with a consultant for
preparation of a comparison of seawater desalination project costs and
timelines. The following comments were
received during the public comment period on this item. (1) John Fischer, a
resident of Director Pendergrass proposed
a motion that was seconded by Director Potter, to adopt the proposed language
for Meeting Rule No. 7 with the following amendment: the second sentence of Rule 7 A should read
“The members of said committees and their chair shall be appointed by the
Chair of the Board and approved by the Board.” In addition, the following clarification of
Rule 7 would be in effect, but would not be incorporated into the Meeting
Rules document, “A third Director could attend as a non-voting attendee, with
permission of the Board Chair.” The
motion was adopted on a vote of 4 – 3.
Directors Foy, Knight, Pendergrass and Potter voted in favor of the
motion. Directors Edwards, Lehman and
Markey were opposed. No public comment was directed to the Board
on this item. Director Potter moved
and Director Foy seconded a motion to adopt the proposed Administrative
Committee charge with one amendment; the word “elected” should be removed
from line four of section 3.a. The
motion was adopted unanimously on a vote of 7 – 0. No public
comment was directed to the Board on this item. On a motion by Director
Lehman and second by Director Knight the charge to the Rules and Regulations
Committee was adopted with the alternate language for Section 4.c, “To
undertake tasks as designated by a majority of the Board or the District
Board Chairperson.” The motion was
approved unanimously on a vote of 7 – 0. No public comment was
directed to the Board on this item. Director Foy made a motion
to adopt the Water Demand Committee Charge as presented. Director Knight seconded the motion. Director Foy later withdrew his motion. Director Knight moved
and Director Foy seconded a motion to adopt the Water Demand Committee Charge
with one amendment; line one of Section 2 should be amended to read, “The
committee meets as needed to provide a forum for in-depth deliberation and
discussion and to provide recommendations and direction to staff on issues related
to water permit processes and applications, and conservation policies and
issues.” The motion was approved
unanimously on a vote of 7 – 0. No public comment was directed to the Board
on this item. Director Foy made a
motion to adopt the Director Lehman made a motion
to continue this item to the January 26, 2005 Board meeting so the Board can
consider unresolved issues such as the primary function of the committee and
if it would be considered a legislative body under the Brown Act. The motion was seconded by Director Potter
and approved unanimously on a vote of 7 – 0. John Fisher, a resident of Director Knight offered
a motion that the composition of the Policy and Technical Advisory Committees
should not be expanded. In addition,
the Board should consider creation of a Community Advisory Committee and
charge at a future meeting when the issue of committee membership could be
fully explored. The motion was
seconded by Director Edwards and adopted unanimously by the Board on a vote
of 7 – 0. The following comments were
directed to the Board during the public comment period on this item. (1)
John Fischer, spoke in support of including members of the community as non-voting
participants on the Policy and Technical Advisory committees. (2)
Diana Ingersoll, Director of Public Works for the City of Seaside and
Chair of the Policy Advisory Committee, recommended that membership on the
committees not be expanded. She
explained that committee meetings are open to the public and the committees
do consider concerns expressed by members of the public. Director Potter made a
motion that Section 4.b of the Policy Advisory Committee charge be amended to
read, “To provide timely advice to the MPWMD staff and recommendations to the
District Board of Directors on matters related to water demand management and
conservation as it effects their jurisdictions.” Section 4.b of the Technical Advisory
Committee charge should be amended to read, “To provide timely advice to the
MPWMD staff and recommendations to the District Board of Directors on
technical matters related to water demand management and conservation as it
effects their jurisdictions.” Director
Edwards seconded the motion. Director Markey proposed
that the motion be amended to include additional changes. She suggested that the first sentence of Section 1 of the
Policy Advisory Committee charge be amended to read, “The Policy Advisory
Committee (PAC) provides recommendations to the District Board of Directors
on policy matters referred by the Board related to water use and consumption
with the Monterey Peninsula Water Management District.” In addition, the first sentence of Section
1 of the Technical Advisory Committee charge should be amended to read, “The
Technical Advisory Committee (TAC) considers topics referred by the Board….” Directors Potter and Edwards agreed with
the amendments. The amended motion was
adopted unanimously on a vote of 7- 0. During the discussion of
this item, Diana Ingersoll asked the Board if items the public and staff
would like the TAC and PAC to discuss must be referred by the Board. The response from Directors Potter and
Markey was that referral must come from the Board and that this policy should
also apply to the Carmel River Advisory Committee. Chair Foy made a motion
to elect Director Knight to the position of Board Chair for 2006. The motion was seconded by Director
Edwards. The motion was approved on a
vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass
and Potter voted in favor of the motion.
Directors Markey and Lehman were opposed. Director Markey made a
motion to elect Director Lehman to the position of Chair for 2006. The motion was seconded by Director
Lehman. The motion failed on a vote of
2 – 5. Directors Lehman and Markey
voted in favor of the motion.
Directors Edwards, Foy, Knight Pendergrass and Potter were opposed. Director Foy made a
motion to elect Director Potter to the position of Vice Chair for 2006. The motion was seconded by Director
Pendergrass. Director Potter withdrew
his name from consideration. Director Edwards made a
motion to elect Director Lehman to the position of Vice Chair for 2006. Director Potter seconded the motion. The motion was adopted unanimously on a
vote of 7 – 0. Director Foy made a
motion to elect David A. Berger to the position of Secretary to the Board,
and There was no discussion of
the Informational Items/Staff Reports. The meeting was adjourned
at 10:05 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ADMINISTER OATH OF OFFICE TO JUDI LEHMAN AND ALVIN
EDWARDS ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the August 25, 2005
town Hall Meeting/Special Meeting and the November 21, 2005 Regular Board
Meeting 2.
Consider Adoption of Resolutions Certifying Results
of the November 8, 2005 Special Election on Measure W and Reelection of
Directors Lehman and Edwards 3.
Receive and File Water Year 2005 4.
Consider Authorizing Expenditure of Budgeted Funds
to Pay 2006 Dues to the Association of California Water Agencies 5.
Consider Authorizing Expenditure of Budgeted Funds
to Pay 2006 Dues to the California Special District Association 6.
Receive and File First Quarter Financial Activity
Report for Fiscal Year 2005-2006 7.
Consider Adoption of Treasurer’s Report for
September 2005 8.
Consider Adoption of Treasurer’s Report for October
2005 PRESENTATIONS 9.
Water Supply Project Alternatives Update GENERAL MANAGER’S REPORT 10.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 ATTORNEY’S REPORT 11.
Report on 5:30 PM Closed Session of the Board DIRECTORS’ REPORTS 12.
Oral Reports on Activities of County, Cities, Other
Agencies/Committees/ Associations PUBLIC HEARINGS 13.
Consider Adoption of January through March 2006
Quarterly Water Supply Strategy and Budget ACTION
ITEMS 14.
Receive Update on Agreement with 15.
Request of Director Edwards to Explore the
Feasibility of an Agreement between MPWMD and Pajaro/Sunny Mesa Community
Services District Relating to the North County Desalination Project 16.
Consider Amendment of MPWMD Meeting Rule 7 Creating
a Chair/Vice Chair Committee Charge and other Policy Procedural Matters
Related to Board Committees and MPWMD Advisory Committees 17.
Review and Consider Adoption of Charges for Existing
Board Committees: Administrative,
Public Outreach, Rules and Regulations Review and Water Demand 18.
Review and Consider Amendment of 19.
Consider Creation of a Water Supply Committee and
Charge 20.
Consider Expanding Composition of Policy Advisory
Committee and Technical Advisory Committee; or Creating Community Advisory
Committee and Potential Charge 21.
Consider Adoption of Policy Advisory Committee and
Technical Advisory Committee Charges 22.
Consider Nominations for Board Chair and Vice-Chair
for 2006 and Conduct Elections for Board Officers INFORMATIONAL ITEMS/STAFF REPORTS 23.
Letters Received 24.
Committee Reports 25.
Strategic Planning Initiatives Progress Report 26.
27.
Water Conservation Program Report 28.
Monthly Allocation Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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