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FINAL MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District September 18, 2006 |
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The
meeting was called to order at 7:07 PM in the Boardroom of the Monterey
Regional Water Pollution Control Agency. Board
members present: Michelle
Knight, Chair – Division 4 Alvin
Edwards – Division 1 (arrived at 7:10 PM) Kristi
Markey – Division 3 Board
members absent: David
Potter – The
assembly recited the Pledge of Allegiance. On
a motion by Director Edwards and second by Director Foy, the Consent Calendar
was approved on a vote of 6 – 0.
Director Potter was absent. A
summary of the report presented by Henrietta Stern is on file at the District
office. General
Manager Berger announced that the public is invited to attend the District’s
Open House on Thursday, October 26, 2006.
Mr. Berger encouraged the public to attend. District
Counsel Laredo announced that he provided a report to the Board on items 3.A
through F. No specific action was
taken on those items. Regarding Item
4.A, Mr. Laredo reported that on a motion by Director Foy and second by
Director Markey, the Board approved the staff recommendation to direct
General Manager Berger to accept the ACWA criteria relating to the
dental/vision benefits package for the General Bargaining Unit. That change eliminates employee co-pay
obligations and reduces the District’s premium obligation. The motion was approved on a unanimous vote
of Directors Foy, Knight, Lehman, Markey and Pendergrass. Directors Edwards and Potter were
absent. The Board discussed the
process for conducting a performance evaluation of General Manager
Berger. No other reportable action was
taken at the meeting. Motion
#1 -- Director Edwards offered a motion that was seconded by Director Foy to
deny the staff recommendation and grant credit for exterior water use as
requested by the applicant. No action
was immediately taken on the motion. Motion
#2 -- Director Markey proposed an amendment to the main motion. She proposed that this item be continued to
the October 16, 2006 Board meeting so that District staff could work with the
applicant to determine if additional evidence of historic irrigation on the
property could be produced, such as water bills or photographs. Director Foy seconded the amendment. The motion failed on a vote of 4 to
2. Directors Edwards, Foy, Knight and
Pendergrass were opposed to the motion.
Directors Markey and Lehman voted in support of the motion. Director Potter was absent. On
a vote of 4 – 2, Motion #1 was
approved. Directors Edwards,
Foy, Knight and Pendergrass voted in favor of the motion. Directors Markey and Lehman were opposed. Director Potter was absent. Staff was directed to submit Findings of
Approval for Board consideration at the October 16, 2006 meeting. During
the public hearing on this item the following comments were directed to the
Board. (1) Jeanne Byrne, agent for the applicant, stated that the
evidence submitted proves that the lot had been irrigated prior to the sale
in November 2005. She noted that the
only plants installed by the owners after purchase of the property were two
palm trees, and no drip system was installed.
Ms. Byrne maintained that the new project would reduce water use on
the lot through the installation of low-flow appliances. She submitted to the Board a letter from the
City of On
a motion by Director Foy and second by Director Edwards, the October through
December 2006 Quarterly Water Supply Strategy and Budget was adopted
unanimously on a vote of 6 – 0.
Director Potter was absent. During the public hearing
on this item, John Fisher, a resident of Motion
#1 -- Director Pendergrass made a motion to adopt Ordinance No. 125 with the
following changes: (A) The definition
of Public on page 164 of the ordinance shall read: Public shall mean a
facility owned and operated by a public agency. (2) The definition of Parcel on page 164 of
the ordinance is an existing definition and shall not appear in bold
print. (3) The effective date of the
ordinance shown on page 226 shall be amended to read “2007”. In addition staff should file a Notice of
Determination and Certificate of Fee Exemption with the Motion
#2 – Director Lehman offered an amendment to the Motion #1. It was seconded by Director Markey. She proposed that Rule 11 be removed from Ordinance
No. 125 until a complete analysis of all definitions in Rule 11 can be
completed. Director Markey later
withdrew her second. Motion
#3 – Director Markey offered a friendly amendment to Motion #1. She proposed that definition Nos. 23,
Governmental and No. 24, Governmental Use be removed from Ordinance No. 125,
and that definition Nos. 41, Public and 42, Public Authority would not be
amended as shown in the ordinance.
Director Pendergrass did not accept the amendment. Motion
#4 – Director Markey made an amended motion to adopt Ordinance No. 125 with the following changes: (A)
The definition of Parcel on page 164 of the ordinance is an existing
definition and shall not appear in bold print. (B) The effective date of the ordinance
shown on page 226 shall be amended to read “2007.” (C) definition Nos. 23, Governmental and
24, Governmental Use shall be removed.
(D) Definition Nos. 41, Public and 42, Public Authority Use should not
be amended as proposed in the ordinance.
The motion was seconded by Director Lehman. The motion failed on a roll-call vote of 4
to 2. Directors Lehman and Markey
voted in favor of the motion. Directors
Edwards, Foy, Knight and Pendergrass were opposed. Director Potter was absent. Motion
#1 was adopted by roll-call on a vote of 5 – 1. Directors Edwards, Foy, Markey, Knight and
Pendergrass voted in support of the motion.
Director Lehman was opposed.
Director Potter was absent. John
Fischer, resident of Director
Markey offered a motion to defer this item to a special meeting on October
26, 2006 at 7:30 PM in the Boardroom of the Monterey Regional Water Pollution
Control Agency. The motion was
seconded by Director Foy and approved on a unanimous vote of 6 – 0. Director Potter was absent. Director
Edwards made a motion that was seconded by Director Markey to contract with
Pueblo Water Resources, Inc. for a not
to exceed amount of $171,529. The
motion was adopted unanimously on a vote of 6 – 0. Director Potter was absent. There
was no discussion of the Informational Items/Staff Reports. The
meeting was adjourned at 10 PM. |
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CALL TO ORDER/ROLL CALL
PLEDGE OFALLEGIANCE
ORAL COMMUNICATIONS
CONSENT CALENDAR
1.
Consider
Adoption of Minutes of the August 21, 2006 Regular Board Meeting 2.
Consider
Authorization for Expenditure of Budgeted Funds for Renewal of Vehicle
Maintenance and Fuel Contract with City of 3.
Consider
Ratification of Memorandum of Understanding with Management Staff Bargaining
Unit that was Adopted at August 21, 2006 Closed Session of the Board PRESENTATIONS
4.
Water
Supply Alternatives Update GENERAL MANAGER’S REPORT
5.
Status
Report on California-American Water Compliance with State Water Resources
Control Board Order 95-10 6.
Announcement
of District Open House and Invitation to the Public – Event to be Held on
Thursday, October 26, 2006 from 4 PM to 6:30 PM at the District Office ATTORNEY’S REPORT
7.
Report
on 5:30 PM Closed Session of the Board 3. Conference with Legal
Counsel – Existing Litigation (Gov. Code 54956.9 (a)) A. Application of California American
Water Company to the Public Utilities Commission Application No. 04-09-019 –
Coastal Water Project B. Application of California American
Water Company to the Public Utilities Commission Application No. 05-02-012 –
General Rate Case C. Save
Our Carmel River; Patricia Bernardi; The Open Monterey Project v. MPWMD;
MPWMD Board; and the City of Seaside; Monterey County Superior Court Case No.
M72877 D. Save Our E. State
Water Resources Control Board Permit No. 7130B F. State Water Resources Control Board
Permit No. 20808 4. Conference with Labor Negotiators (Gov. Code 54957.6) A. Agency
Designated Representatives: Employee Organization: General Bargaining Unit Represented by
Laborer’s International Union of B. Agency Designated
Representative: David A. Berger Unrepresented
Employees: Confidential Staff Unit 5. Public
Employee Performance Evaluation (Gov. Code 54957) – General Manager DIRECTORS’ REPORTS
8.
Oral
Reports on Activities of County, Cities, Other Agencies/Committees/
Associations PUBLIC HEARINGS
9.
Consider
Appeal of General Manager’s Decision to Deny a Water Credit for Exterior Use
– Patrick and Kathryn Craig, 802 17 Mile Drive, Pacific Grove – APN
006-611-035 10.
Consider
Adoption of October through December 2006 Quarterly Water Supply Strategy and
Budget 11.
Consider
Second ACTION ITEMS
12.
Receive
Water Supply Alternatives Comparative Matrix Update for 2006 13.
Consider
Authorization for Expenditure of Budgeted Funds for Professional Services
Agreement with Pueblo Water Resources, Inc., to Prepare Well Construction Bid
Materials and Construction Management Services for Phase 1 Aquifer Storage
and Recovery Project INFORMATIONAL
ITEMS/STAFF REPORTS 14.
Letters
Received 15.
Committee
Reports 16.
Strategic
Planning Initiatives Progress Report 17.
18.
Water
Conservation Program Report 19.
Monthly
Allocation Report 20.
Monthly 21.
Monthly
Water Supply Status Report 22. Semi-Annual Financial Report on the CAWD/PBCSD
Wastewater Reclamation Project ADJOURNMENT |
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David A. Berger, Secretary to the Board
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