EXHIBIT 1-A |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District October 20, 2008 |
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The meeting was called to
order at 7:05 PM in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Kristi Markey, Vice Chair
-- Division 3 Bob Brower – Division 5 Directors Absent: David Potter – General Manager present: District Counsel present: David C.
Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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No public comment was
directed to the Board during Oral Communications. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Edwards and second of Director Markey, the Consent Calendar was approved,
with the exception of items 1, 4 and 6 that were pulled for separate
consideration. The motion was approved
unanimously on a vote of 6 – 0 by Directors Brower, Doyle, Edwards, Lehman,
Markey and Pendergrass. Director
Potter was absent. |
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CONSENT CALENDAR |
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On a motion by Director
Markey and second by Director Pendergrass, the minutes were adopted
unanimously on a vote of 6 – 0.
Director Potter was absent. |
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1. |
Consider
Adoption of Minutes of the September 22, 2008 Regular Board Meeting |
Approved. |
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2. |
Receive Notice of Appointment to the |
Approved. |
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3. |
Consider Adoption of Resolution No. 2008-14 --
Designate MPWMD Agent for |
On a motion by Director
Markey and second by Director Pendergrass, the expenditure was approved
unanimously on a vote of 6 – 0.
Director Potter was absent. During the public comment
period on this item, Craig Anthony, General Manager of the Monterey Division,
California American Water (CAW), expressed support for the project. |
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4. |
Consider Expenditure of Funds to Obtain a Current
Estimate of the Storage Capacity of Los Padres Reservoir and Authorize the
General Manager to Enter into Consultant Agreements for Obtaining Data |
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Approved. |
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5. |
Consider Expenditure of Funds to Amend Contract with Zone 24X7 for WDD Database
Software Development |
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Director Edwards made a
motion that was seconded by Director Markey, to discuss this issue in Closed
Session at the November 17, 2008 Board meeting. The motion was approved on a vote of 5 –
1. Directors Edwards, Doyle, Lehman,
Markey and Pendergrass voted in favor of the motion. Director Brower was opposed. Director Potter was absent. The following persons
addressed the Board during the public comment period on this item. (1)
Andy Bell asked the Board to approve the item and refrain from taking the
issue to closed session. (2) |
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6. |
Consider Approval of
Expenditure to Conduct Staff Classification and Compensation Study |
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Approved. |
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7. |
Consider Expenditure of Budgeted Funds to Contract
with DHDettman to Provide Emergency Repairs for the Sleepy Hollow Steelhead
Rearing Facility, and other Facility Support Tasks |
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Approved. |
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8. |
Consider Expenditure of Budgeted Funds for Sleepy
Hollow Steelhead Rearing Facility Stand-By Generator Maintenance Service with
Quinn Power Systems for Fiscal Year 2008-09 |
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Approved. |
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9. |
Consider Authorization for Expenditure of Budgeted
Funds for Installation of Permanent Piping at Phase 1 Aquifer Storage and
Recovery Facility |
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Approved. |
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10. |
Receive and File Report on Fourth Quarter Financial
Activity for Fiscal Year 2007-08 |
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Approved. |
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11. |
Consider Adoption of Treasurer's Report for June
2008 |
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PRESENTATIONS |
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Henrietta Stern, Project
Manager, presented the report. Chair
Lehman requested that at subsequent meetings, the report be limited to items
that had been completed since the last update. An outline of Ms. Stern’s presentation is
on file at the District office and can be viewed at the District’s
website. |
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12. |
Water Supply Project Alternatives Update |
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GENERAL MANAGER’S REPORT |
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13. |
Status Report on |
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ATTORNEY’S REPORT |
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District Counsel Laredo
reported that he updated the Board on items D, H, I and J, but no reportable
action was taken. The Board also
discussed item 5, but no reportable action was taken. |
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14. |
Report
on 5:30 PM Closed Session of the Board |
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3. |
Conference with Legal Counsel – Existing Litigation
(Gov. Code 54945.9 (a)) |
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A. |
Application
of California American Water Company to the Public Utilities Commission
Application No. 04-09-019 – Coastal Water Project |
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B. |
Application
of California American Water Company to the California Public Utilities
Commission -- Application No. 07-02-023 -- Allowance for Funds Used During
Construction (AFUDC) for its San Clemente Dam Memorandum Account |
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C. |
Application of
California-American Water Company to California Public Utilities Commission
for a Special Conservation Program and Design Modifications Rate in its
Monterey District (Application No. 07-12-010) – Conservation Program
Application |
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D. |
Application of California
-American Water Company to California Public Utilities Commission for
Authorization to Increase Revenues for Water Service in its Monterey District
in the years 2009; 2010; and 2011 (Application No. 08-01-027) – General Rate
Case |
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E. |
Application of
California-American Water Company to Authorize Support Services for its
Monterey District to the California Public Utilities Commission (Application
No. 08-01-024 ) – General Office Case |
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F. |
Application of California
American Water to the California Public Utilities Commission to Authorize
Costs for the Long-Term Water Supply to be Transferred to a Balancing Account
and a Requirement for Annual Review of that Account (Application No.
08-04-019). |
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G. |
Application of California-American
Water Company to the California Public utilities Commission for an Authorized
Cost of Capital for Utility Operations for 2009 (Application No. 08-05-003) |
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H. |
State Water Resources
Control Board Draft Cease and Desist Order WR 2008-00XX-DWR |
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I. |
MPWMD v. Nick Marotta, Jr.,
Gerda Marotta, and Does 1-100 -- |
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J. |
MPWMD v. Roy Woods, Woods
1995 Trust, and Does 1-100 -- |
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4. |
Conference with Legal Counsel – Threatened Litigation
(Gov. Code 54956.9(b)) Sierra Club v California
American Water (16 U.S.C §1538) |
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5. |
Public Employees Performance Evaluation (Gov. Code
54957) -- General Manager |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Chair Lehman reported that
she attended the October 1, 2008 meetings of the Water For Monterey County
Coalition and the Seaside Basin Watermaster.
She announced that she would also attend the October 21, 2008 meeting
of the Monterey County Special Districts Association. |
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15. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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On a motion by Director
Brower and second of Director Edwards, draft Ordinance No. 137 was referred
for first reading on November 17, 2008.
The motion was adopted unanimously on a vote of 6 – 0. Directors Brower, Doyle, Edwards, Lehman,
Markey and Pendergrass voted in favor of the motion. Director Potter was absent. The Board
also requested that the Water Demand Committee review the ordinance prior to
the next Board meeting. In addition,
the Policy and Technical Advisory committees should conduct a joint meeting
on November 4, 2008 to review the ordinance and develop a recommendation for
the Board. The following persons
addressed the Board during the public hearing on this item. (1)
Lloyd Lowrey, of Noland Hamerly Etienne and Hoss, representing the Hidden
Hills Homeowners Association, requested that the first reading be continued
for one month so that he could confer with District Counsel on suggested
changes outlined in his letter of
September 29, 2008 (on file at the District office). (2) |
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16. |
Consider First |
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ACTION ITEMS |
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Director Brower offered
a motion to direct staff to work with the consultant on development of a
scope of work, cost and timeline for the next phase of technical and
environmental studies, with a focus on the Bunker and Stilwell sites, for
presentation at the November 17, 2008 Board meeting. The motion was seconded by Director Lehman. Director Brower amended
the motion to state that: (1) the scope of work should be presented at the
December Board meeting, and (2) the Legislative Committee should meet and
develop a plan to confer with agencies that have jurisdiction over land or
resources that would be needed to accomplish the project. The amendment was seconded by Director
Lehman. The amended motion was
approved unanimously on a vote of 6 – 0.
Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted
in support of the motion. Director
Potter was absent. During the public comment
period on this item, George Riley addressed the Board. He requested that the cost of the project
be recovered through the Public Utilities Commission rate setting
process. |
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17. |
Receive
Consultants' Report on MPWMD 95-10 Desalination Project |
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Director Brower offered
a motion that was seconded by Director Edwards, to prioritize coordination
with CAW on increasing storage capacity in Los Padres Reservoir with an
emphasis on increasing the height of Los Padres Dam. The motion was approved unanimously on a
vote of 6 – 0. Directors Brower,
Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent. George Riley addressed the
Board during the public comment period on this item. He noted that the Division of Ratepayer
Advocates had criticized CAW for not addressing siltation at San Clemente
Reservoir. He stated that it is time
to fund efforts to remove silt from the |
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18. |
Consider Request from
Director Brower to Prioritize Coordination with |
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There was no discussion of
the Informational Items/Staff Reports. |
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INFORMATIONAL ITEMS/STAFF REPORTS |
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19. |
Letters Received |
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20. |
Committee
Reports |
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21. |
Strategic
Plan Update |
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22. |
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23. |
Water
Conservation Program Report |
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24. |
Monthly
Allocation Report |
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25. |
Monthly
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26. |
Monthly
Water Supply Status Report |
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27. |
Quarterly
Water Supply Project Status Report |
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28. |
Quarterly
Irrigation Program and Riparian Projects Report |
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29. |
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30. |
Quarterly
Water Use Credit Transfer Status Report |
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31. |
Semi-Annual Financial
Report on the CAWD/PBCSD Wastewater Reclamation Project |
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The meeting was adjourned
at 10:30 PM. |
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ADJOURNMENT |
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