EXHIBIT 1-B
DRAFT Minutes Regular
Meeting of the Board of Directors Monterey
Peninsula Water Management District October 15, 2007 |
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The meeting was called to
order at 7 PM in the conference room of the Monterey Peninsula Water
Management District office. Directors Present: Larry
Foy – Division 5 David
Potter – Monterey County Board of Supervisors (arrived at 7:08 PM) Directors Absent: None General Manager present: David A. Berger District Counsel present: The
assembly recited the Pledge of Allegiance The
following comments were directed to the Board during Oral Communications. (1) Robert Greenwood identified himself
as a member of the Community Advisory Committee, and an attendee of most
District Board meetings prior to the implementation of State Water Resources
Control Board Order 95-10 that required replacement of On
a motion by Director Edwards and second by Director Knight, the Consent
Calendar was approved, with the exception of items 6 and 7 that were pulled
for separate consideration. The motion
was approved on a vote of 6 – 0.
Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted
in favor. Director Potter was absent
for the vote. Approved. Approved. Approved. Approved. Approved. On a motion by Director
Markey and second by Director Lehman, the Board approved an expenditure of
funds to contract with DHDettman for a not-to-exceed amount of $22,065. The motion was approved on a vote of 6 – 1.
Directors Edwards, Knight, Lehman, Markey, Pendergrass and Potter
voted in favor of the motion. Director
Foy was opposed. On a motion by Director
Lehman and second by Director Edwards, the Board approved an expenditure of
$13,485 ($1,250 to be reimbursed through a donation by the Approved. Approved. Chair Pendergrass presented
certificates of appreciation to Greg Pickens, Bob McKenzie, Cynthia Schmidlin, Human
Resources Specialist, presented the award to Chair Pendergrass and the Board
of Directors. General Manager Berger
presented an update on progress the District has made towards completion of
the goals and objectives listed in the Strategic Plan. An outline of the presentation is on file
at the District office and can be viewed at the District’s website. Mr. Berger explained that the objective
“Present to the Board for direction the amendment of Rule 23 to reflect new
metering technology” is listed as complete because District Counsel and staff
have determined that District rules should not be amended to authorize
installation of in-line water meters.
CAW installs the in-line meters and monitors water use through those
meters. District rules speak to the
CAW “meter”, so there is no need to further define the type of meter. Henrietta Stern, Project
Manager, gave a report on progress made on development of water supply
project alternatives. An outline of
the presentation is on file at the District office and can be viewed at the
District’s website. Catherine Bowie and The Board did not meet in
Closed Session, so no report was provided. Director Foy thanked
General Manager Berger and District staff for the support given to him during
his term on the Board. He thanked the
Board members for their cooperation and professionalism. Director Pendergrass noted that the he
attended the September 26, 2007 meeting of the Monterey Regional Water Supply
Reliability Collaboration, sponsored by the Division of Ratepayer Advocates,
and that the group has identified a combination of water supply projects to
address the water shortage in On a motion by Director
Knight and second by Director Potter, the Board adopted the second reading
version of Ordinance No. 130 unanimously on a vote of 7 – 0. No
comments were directed to the Board during the public hearing on this item. On a motion by Director
Potter and second by Director Edwards, Ordinance No. 131 was referred to the
Rules and Regulations Committee for review and revision based on comments
made by the Board during their discussion of the draft ordinance. First reading of Ordinance No. 131 would be
continued to a future meeting date.
The motion was approved unanimously on a vote of 7 – 0. During the public hearing
on this item, Patricia Bernardi, a
resident of Chair Pendergrass made the
following ex parte declaration prior to the staff presentation on this
item. “As Mayor of Sand City I have
been involved for many years with my fellow council members in reviewing
proposals for a city water project, to include the one before this Board
tonight. I consult with staff on these
matters and they likewise with me. Any
other mayor that would be here in my stead would be doing the same. Early on, under my own volition, I told our
general manager that it would not by my intent to influence him or any other
District staff member either prior to
or upon receipt of the city’s and CAW application for the desal plant
distribution permit. Neither have I
made any attempts to violate the Brown Act rules in the matter. It has always been my understanding from
District counsel that because I have no financial interest in this project
nor any other conflicts, that I may participate in the discussion and voting
on these matters tonight, in which I will do.” Motion 1: Director Foy made a motion that was
seconded by Director Knight to adopt the staff recommendation to approve item
20.A -- Application numbers 20070803SAN; and
item 20.B -- 20070829CAW. Motion 2: Director Lehman offered a substitute motion
to take no action on the water distribution system applications at the
October 15, 2007 meeting, but instead to schedule a workshop to discuss the
applications and proposed ordinance.
The motion was seconded by Director Markey. Motion 3: Director Markey offered an amendment to
substitute Motion 2. She proposed that
this item be deferred to the November 19, 2007 Board meeting. The Rules and Regulations Review Committee
should be charged to review and consider modifications to the ordinance and
refer it back to the Board for action at the November 19, 2007 meeting. The amendment was accepted by Director
Lehman. The amended substitute motion
failed on a vote of 3 – 4. Directors Markey, Edwards and Lehman voted
in favor of the motion. Directors Foy,
Knight, Pendergrass and Potter were opposed. Motion 1: The motion was approved on a vote of 5 –
2. Directors Edwards, Foy, Knight,
Pendergrass and Potter voted in favor of the motion. Directors Chair Pendergrass
referred the concept ordinance to the Rules and Regulations Review Committee
for consideration and subsequent referral to the Board of Directors at a
future meeting date. The following comments were
directed to the Board during the public comment period on this item. (1)
Kelly Morgan, City Administrator for the City of Sand City, stated the
project would allow the City to carry out the objectives of its development
plan. In addition, it would benefit
the entire CAW system by providing a more reliable and safe water
supply. Mr. Morgan explained that the
SWRCB determined that the project is exempt from Order 95-10. In addition,
the City has received a 2.5 million dollar Proposition 50 grant from the State
of On a motion by Director
Foy and second by Director Edwards, the committee recommendation to not move
ahead on development of a campaign finance ordinance at this time was adopted
on a vote of 6 – 1. Directors Edwards,
Foy, Knight, Lehman, Pendergrass and Potter voted in favor of the
motion. Director Markey was opposed. There was no discussion of
the Informational Items/Staff Reports. The meeting was adjourned
at 10:40 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the September 17,
2007 Regular Board Meeting 2.
Receive Draft Report on Construction of New Phase 1
ASR Well No. 2 3.
Consider Expenditure of Budgeted Funds for Purchase
of Injection Equipment for the Phase 1 ASR Project 4.
Consider Expenditure of Budgeted Funds to Contract
for Construction of Initial Appurtenant Facilities for Phase 1 ASR Project 5.
Consider Expenditure of Funds for Contracting with
Certified Landscape Irrigation Auditors 6.
Consider Expenditure of Budgeted Funds to Contract
with DHDettman to Complete the Rescue and Rearing Management Plan for the
Sleepy Hollow Steelhead Rearing Facility and Other Facility Support Tasks 7.
Consider Expenditure of Budgeted Funds to Purchase
Computer Software and Hardware for the Video Surveillance System at the 8.
Receive and File Report on Fourth Quarter Financial
Activity for Fiscal Year 2006-07 9.
Adopt Treasurer’s Report for June 2007 PRESENTATIONS 10.
Presentation of Certificates of Appreciation to
Members of the Community Advisory Committee on Water Supply Alternatives 11.
Present to Board of Directors the Earl F. Sayre
Excellence in Safety Award for 2007 that was awarded to the MPWMD by the
Special Districts Risk Management Authority 12.
Strategic Plan Update 13.
Water Supply Project Alternatives Update GENERAL MANAGER’S REPORT 14.
Status Report on 15.
Update on Conservation Program from Catherine Bowie
of ATTORNEY’S REPORT 16.
Report on 5:30 PM Closed Session of the Board DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) 17.
Oral Reports on Activities of County, Cities, Other
Agencies/Committees/ Associations PUBLIC HEARINGS 18.
Consider Second 19.
Consider First 20.
Consider Approval of Applications Submitted by City
of A. Consider
Approval of MPWMD Application #20070803SAN to Create Water Distribution
System for Sand City Water Supply Project (All parcels in City) B. Consider
MPWMD Application #20070829CAW to Amend C. Consider
MPWMD Concept Ordinance Adding Rule 23.6 to Establish a Water Entitlement for
ACTION ITEMS 21.
Consider Report and Recommendation from
Administrative Committee on Campaign Finance Reporting Regulations INFORMATIONAL ITEMS/STAFF REPORTS 22.
Letters Received 23.
Committee Reports 24.
25.
Water Conservation Program Report 26.
Monthly Allocation Report 27.
Monthly 28.
Monthly Water Supply Status Report 29.
Quarterly Irrigation Program and Riparian Projects
Report 30.
31.
Quarterly Water Use Credit Transfer Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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