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EXHIBIT
1-A DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District July 18, 2011 |
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The meeting was called to
order at 7:00 p.m. in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Robert S. Brower, Sr., Chair
-- Division 5 Dave Potter, Vice Chair –
Monterey County Board of Supervisors Brenda Lewis – Division 1 Judi Lehman – Division 2 Kristi Markey – Division 3 David Pendergrass – Mayoral
Representative Directors Absent: None General Manager present: District Counsel present: David Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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Roland Martin, a resident
of Del Mesa, addressed the Board during Oral Communications. He thanked the Board for setting time on
the agenda to receive a presentation from WaterPlus on a proposal for public
purchase of California American Water’s Monterey Division. He stated that the estimated cost of $6,000
to $8,000 per acre-foot for desalinated water is absurdly broad and does not
reflect the actual retail rate. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Potter and second of Director Doyle, the Consent Calendar was adopted with
the exception of items 7 and 8 that were pulled for separate
consideration. The motion was adopted
unanimously on a vote of 7 – 0. |
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CONSENT CALENDAR |
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Approved. |
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1. |
Consider Adoption of Minutes of the June 20, 2011
Regular Board Meeting |
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Approved. |
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2. |
Ratify Amendments to Board Committee Assignments |
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Approved. |
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3. |
Appoint Suresh Prasad to the Position of Board
Treasurer |
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Approved. |
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4. |
Receive Phase 1 Aquifer Storage and Recovery Project
Water Year 2010 Summary Report (Water Project 1) |
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Approved. |
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5. |
Receive Notice of Appointments to Carmel River
Advisory Committee |
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Approved. |
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6. |
Consider Approval of 2011 Annual Memorandum of
Agreement for Releases from San
Clemente Reservoir among California American Water, California Department of
Fish and Game, and Monterey Peninsula Water Management District |
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Item 7 – On a motion by
Director Potter and second of Director Doyle, the contract for a new General
Manager was adopted on a vote of 5 – 2.
Directors Brower, Potter, Doyle, Pendergrass, and Markey voted in
favor of the motion. Directors Lehman
and Lewis were opposed. |
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7. |
Consider Approval of Contract for New General
Manager |
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Item 8 – On a motion by
Director Pendergrass and second of Director Potter, the Board approved the
modified travel expense reimbursement.
The motion was approved on a vote of 5 – 2. Directors Brower, Potter, Doyle,
Pendergrass and Markey supported the motion.
Directors Lehman and Lewis were opposed. |
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8. |
Request Approval of Funds to Reimburse General
Manager Finalists for Interview Travel Expenses |
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Approved. |
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9. |
Consider Authorization of a Limited-Term Contract
with the Current General Manager after his Official Retirement |
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Approved. |
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10. |
Consider Adoption of Side Letter Agreements Amending
the Memorandums of Understanding Between the Monterey Peninsula Water
Management District and the General, Management, and Confidential Staff
Bargaining Units |
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Approved. |
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11. |
Authorize a Change to the District Organization
Chart Adding a Community Relations Liaison Position and Changing the Project Manager/Public
Information Representative Position’s Title to Project Manager |
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Approved. |
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12. |
Consider Expenditure of Budgeted Funds for
Information Technology Infrastructure Update |
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Approved. |
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13. |
Consider Expenditure of Budgeted Funds to Amend Contract
with Pueblo Water Resources to Provide Hydrogeologic Review for Water
Distribution System Permits |
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Approved. |
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14. |
Consider Expenditure of Budgeted Funds to Amend
Contract with Golden State Planning and Environmental Consulting to Assist
with Water Distribution System Permit Program |
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Approved. |
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15. |
Authorize Expenditure of Budgeted Funds for
Electrical Installation Work at Phase 1 Aquifer Storage and Recovery Site
(Water Project 1) |
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Approved. |
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16. |
Authorize Expenditure of Budgeted Funds for Completion
of Interim Facilities at Phase 2 Aquifer Storage and Recovery Site (Water
Project 2) |
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Approved. |
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17. |
Consider Adoption of
Treasurer's Report for May 2011 |
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PRESENTATIONS |
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Darby Fuerst, General
Manager, gave the presentation. A
summary is on file at the District office and can be viewed on the District’s
website. |
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18. |
Water Conservation Program Report |
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Henrietta Stern, Project
Manager, presented the report. A
summary is on file at the District office and can be viewed on the District’s
website. |
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19. |
Update on Development of Water Supply Project
Alternatives Including Recycled Water |
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GENERAL MANAGER’S REPORT |
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20. |
Status Report on |
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ATTORNEY’S REPORT |
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District Counsel Laredo
reported that the Board met in closed session on June 23, 2011 to discuss
public employment of a new general manager.
A status report was provided to the Board. No reportable action was taken. At the July 18, 2011, 5:30 pm closed
session, District Counsel provided a status report regarding items listed on
the meeting agenda. No reportable
action was taken. |
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21. |
Report
on June 23, 2011 and July 18, 2011,
5:30 pm Closed Sessions of the Board |
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3. |
Conference with Legal
Counsel – Existing Litigation (Gov. Code 54956.9 (a)) |
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A. |
Application
of California American Water Company to CPUC Application No.10-01-012 –Mitigation
Cost Reimbursement |
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B. |
MPWMD v. State Water
Resources Control Board; Superior Court Case No. 1-10-CV-163328 |
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C. |
Sierra Club v. MPWMD,
Security National Guaranty & California American Water, Real Parties
(Superior Court Case No. M 108149) |
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D. |
Application of California
American Water Company to CPUC, Application No. 10-07-007 – General Rate Case |
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E. |
Application of California
American Water Company to CPUC, Application No. 10-09-018-San Clemente Dam
Removal |
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4. |
Public Employment, Position of General Manager (Gov.
Code 56957) |
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5. |
Conference with Labor Negotiators (Gov. Code 54957.6) |
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Agency Designated
Representative: Darby Fuerst Unrepresented
Employees: Confidential Unit |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Director Lehman reported
that the Special Districts Association of Monterey County was scheduled to
meet on July 19, 2011. She noted that
the California Special Districts Association annual conference was scheduled
on October 10 through 13, 2011 at the Monterey Marriott. Director Doyle announced that she gave a
presentation to the League of Women Voters on July 14, 2011 regarding general
water issues. Director Markey stated
that she participated on a panel with
George Riley and Ron Weitzman regarding the history of the MPWMD, water
project development and the proposed public purchase of Cal-Am. |
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22. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS – No Public Hearings were Submitted
for Board Review |
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ACTION ITEMS |
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Director Doyle offered a
motion that was seconded by Director Lehman that the Board: (1) approve the
Analysis of 2010 Census Data; (2) determine that director division
populations are balanced with a 9.2% deviation, and (3) specify that the
MPWMD will continue to use its existing director division boundaries. The motion was approved unanimously on a
vote of 7 – 0. The following comments were
directed to the Board during the public comment period on this item. (1)
George Riley asked why there are voters in Division 1 that are served by
the Marina Coast Water District. (2)
Helen Rucker asked if future population growth in voter division 1 was
considered in the determination of population equity between divisions. Lapkoff
responded that the actual 2010 census numbers must be considered when
developing voter division boundaries. If voter division boundaries were
realigned, Division 1 could be reduced in size to allow for future housing
growth, but the voter division populations are within the 10% deviation
guideline so it is prudent to maintain the existing boundaries. (3) Bill Hood, former director of the
Association of Monterey Bay Area Governments, asked how part-time residents
within the MPWMD boundary were counted in the 2010 census. Lapkoff
responded that each person is responsible to report residency status on the
census form, whether it be within the MPWMD boundary or in another city
outside of the area. |
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23. |
Receive Report from
Lapkoff & Gobalet on Analysis of 2010 Census Data as it Relates to
Current Voter Division Boundaries |
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DISCUSSION ITEMS |
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Following the presentation
by WaterPlus representatives, the Board expressed an interest in formation of
an ad-hoc subcommittee to analyze the cost for public ownership of Cal-Am’s
Monterey District, describe governance for a publicly owned utility, and define
the public utility’s scope of responsibility.
District staff was directed to bring forward for consideration at a
future meeting a plan for formation of a subcommittee, with an option that
would include membership of directors.
A list of parties that could be considered for membership on the
committee should also be developed.
The directors offered suggestions for the scope of the committee’s
analysis including: cost to purchase Cal-Am’s Monterey District; timeline to complete the eminent domain process;
cost cap that ratepayers would accept over a defined time period; Cal-Am’s
contractual obligations that would be transferred to a publicly owned
utility; a governance structure(s); scope of responsibility for the publicly
owned utility; and (7) how the purchase of Cal-Am would impact the proposed
Monterey Regional Water Supply Project. A summary of the
presentation given by Ron Weitzman, President of WaterPlus, is on file at the District office and can
be viewed on the District’s website.
Harvey Billig, Vice President of WaterPlus, addressed the Board and
suggested that a subcommittee be formed to evaluate the proposal for public
ownership of Cal-Am. George Schroeder also spoke to the Board on
behalf of WaterPlus regarding eminent domain.
George Riley, representing Citizens for Public Water, spoke in support
of the MPWMD taking action to study the WaterPlus proposal due to the
estimated cost savings that could be achieved through public ownership of the
water system. The following comments were
directed to the Board during the public comment period on this item. (1)
Bill Hood asked if the District has the authority to operate a facility
that is not within the MPWMD boundaries. (2)
Andy Clark suggested that WaterPlus should pay for the District to
conduct an independent analysis of the cost to purchase Cal-Am. He stated that the tax payers should not be
responsible to pay for that analysis. (3) Kevin Tilden, Vice President of
Cal-Am stated that Cal-Am’s Monterey District is not for sale. He offered to meet with persons that have
legitimate concerns or suggestions about how the local water distribution
system operations can be improved. He
noted that when the San Lorenzo Valley Water District purchased Cal-Am
facilities, the cost was ultimately much higher than the $9 million bond
measure the voters approved. The
actual cost was approximately $13.5 million.
(4) Roger Dolan stated that
public ownership of water is not the problem.
The real issue is lack of a water supply. The focus should be on creation of a water
supply and then consider public ownership.
(5) Dan Presser stated that
the issue of public financing should be brought to the voters, even if it was
rejected by the electorate in the past. |
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24. |
Workshop on Proposal by
Water Plus for Public Ownership of California American Water |
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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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25. |
Letters Received |
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26. |
Committee
Reports |
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27. |
Carmel River Fishery Report for June 2011 |
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28. |
Water Conservation Program Report |
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29. |
Monthly
Allocation Report |
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30. |
Monthly
California American Water Production Report |
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31. |
Monthly Water Supply Status Report |
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32. |
Quarterly Water Supply Project Status Report |
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33. |
Quarterly Irrigation Program and Riparian Projects
Report |
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34. |
Quarterly Carmel River Erosion Protection and
Restoration Projects Report |
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35. |
Quarterly Water Use Credit Transfer Status Report |
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The meeting was adjourned
at 9:05 pm. |
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ADJOURNMENT |
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