Board of Directors
Monterey Peninsula Water Management District
September 18, 2006
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:
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.
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
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
#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.
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.
CALL TO ORDER/ROLL CALL
1. Consider Adoption of Minutes of the August 21, 2006 Regular Board Meeting
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
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
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)
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
8. Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations
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
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
18. Water Conservation Program Report
19. Monthly Allocation Report
21. Monthly Water Supply Status Report
22. Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project
David A. Berger, Secretary to the Board