Board of Directors
Monterey Peninsula Water Management District
November 21, 2005
The meeting was called to order at 7:00 PM in the Boardroom of the offices of the Monterey Regional Water Pollution Control Agency.
Board members present:
Larry Foy, Chair – Division 5
Kristi Markey, Vice Chair – Division 3 (Arrived after the Pledge of Allegiance)
Judi Lehman – Division 2
Alvin Edwards – Division 1
David Pendergrass – Mayoral Representative
Board members absent:
Michelle Knight – Division 4
General Manager present: David A. Berger
District Counsel present: David C. Laredo
The assembly recited the Pledge of Allegiance.
following comments were directed to the Board during Oral
Communications. (1) Steven Leonard,
California American Water (Cal Am), congratulated Judi Lehman and Alvin
Edwards on their reelection to the Board of Directors. He announced that Cal Am’s parent company,
RWE, has plans to divest itself of the water systems it owns. The
On a motion by Director Edwards and second by Director Pendergrass, the Consent Calendar was approved unanimously on a vote of 6 – 0. Director Knight was absent.
District Counsel David Laredo reported that a status report was provided on Closed Session agenda items 3-A through 3-F. No reportable action was taken. He noted that Case No. M76435, Monterey Peninsula Taxpayers Association versus MPWMD, has been dismissed without prejudice. The District will not be responsible for payment of any fees or costs. Regarding Item 4, Conference with Labor Negotiators, on a motion by Director Markey and second by Directors Edwards, the Board approved Memorandums of Understanding with the District’s three bargaining units. The motion was approved on a vote of 4 – 0. Directors Edwards, Foy, Lehman and Pendergrass voted in favor of the motion. Directors Knight, Markey and Potter were not present for the vote. Each bargaining unit added a reimbursement for dependent coverage and payment of supplemental insurance premiums to the opt-out provision of their contracts. The amendments make it clear that the tool for reimbursement for spousal health plan premiums and payment of supplemental insurance for employees opting out of the District health plan could not exceed 75% of the health plan premiums for each unit. The amendments take effect on December 1, 2005. The union has withdrawn the grievance outlined in agenda item 14. Item 5, the evaluation of the General Manager, did occur but no reportable action was taken.
Director Edwards requested that at the January 26 or February 23, 2006 meeting, the Board consider entering into a Memorandum of Understanding (MOU) or Joint Powers Agreement (JPA) with PSMCSD on a water supply project. District Counsel should meet with PSMCSD staff to develop an agreement that specifies development of a project that would provide enough water for lots of record within the District, and an additional 10,730 acre-feet of water that could be incorporated into an aquifer storage and recovery project. The MOU or JPA should quantify the final cost of water from the project, and set forth a penalty if the water is not delivered by a specific date. Chair Foy determined that this item would be placed on the December 12, 2005 Board meeting agenda for discussion. At that time, the Board could decide if it should pursue development of an MOU or JPA with the PSMCSD.
On a motion by Director Edwards and second by Director Pendergrass, the Board voted to: approve the application for a variance to Rule 22; adopt Findings of Approval for Application No. 20050413SLC; approve Application No. 20050413SLC and authorize issuance of MPWMD Permit No. M05-04 with the Conditions of Approval. The motion was approved on a vote of 5 – 1. Directors Edwards, Foy, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed.
following comments were received during the public hearing on this item. (1) Denise Duffy, representing the Santa
Lucia Community Services District (SLCSD), expressed agreement with the staff
recommendation. According to Ms. Duffy
there is no relationship between the Goodrich Line and
There was no discussion of this item. The grievance had been withdrawn by Laborer’s International Union of North America Local 270.
On a motion by Director Potter and second by Director Foy, the report was unanimously received by the Board of Directors on a vote of 6 – 0. Director Knight was absent.
following comments were received during the public comment period on this
item. (1) Robert Greenwood,
representing the Carmel Valley Association, stated that it is difficult for
the rate payers to maintain confidence in Cal Am. He noted that Cal Am proposes to pump 5,100
acre-feet of water per year from the
On a motion by Director Potter and second by Director Markey, a report from District staff was unanimously received by the Board of Directors on a vote of 6 – 0. Director Knight was absent.
The Board agreed by consensus to approve the recommended meeting schedule.
During the public comment period on this item, Robert Greenwood requested that the study sessions be conducted somewhere other than the Ryan Ranch area.
The Board agreed by consensus to conduct a workshop on Aquifer Storage and Recovery in January 2006, and that the public hearing on the Draft EIR on the Phase 1 Aquifer Storage and Recovery Project should also be conducted that same evening. This schedule could result in extending the public comment period on the EIR by one week.
There was no discussion of these items.
The meeting was adjourned at 9:25 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the October 17, 2005 Regular Board Meeting
2. Adopt Board Meeting Schedule for 2006
3. Authorize Expenditure of Budgeted
Funds to Conduct Water Year 2006
4. Consider Adoption of Amendment to MPWMD Meeting Rule No. 6 – Board Spokesperson
5. Consider Appointment of Director Lehman as Voting Delegate to November 2005 Conference of the Association of California Water Agencies
6. Consider Approval of First Quarter FY 2005-06 Investment Report
7. Consider Adoption of Treasurer’s Report for July 2005
8. Consider Adoption of Treasurer’s Report for August 2005
9. Water Supply project Alternatives Update
GENERAL MANAGER’S REPORT
10. Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
11. Report on 5:30 PM Closed Session of the Board
12. Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations
13. Consider Application to Amend Goodrich Line Water Distribution System (Potrero Subdivision) and Application for Variance to Rule 22; Application No. 20050413SLC; APN 239-102-001 and 003
14. Consider Hearing Officer’s Findings
and Recommendations on Grievance Appeal by Laborers’ International Union of
15. Receive Update on Agreement with
16. Discuss Board Options in the Event Agreement is not Reached with California American Water on the Aquifer Storage and Recovery Project Memorandum of Agreement, Including Becoming a Licensed Water Distributor
17. Approve Meeting Schedule and Expenditure of Funds to Conduct Board Workshops on: Governance Structure for Regional urban Water Supply Project; Aquifer Storage and Recovery; Water Needs Analysis – Existing Setting and Demand; Water Needs Analysis – Future Demand at Buildout; Water Augmentation Alternatives; Water Project Cost and Timeline Analysis
18. Consider Holding Hearing to Receive Oral Public Comments on the Draft EIR on the Phase 1 Aquifer Storage and Recovery Project and Determine Whether or Not to Conduct a Workshop
INFORMATIONAL ITEMS/STAFF REPORTS
19. Letters Received
20. Committee Reports
21. Strategic Planning Initiatives Progress Report
23. Water Conservation Program Report
24. Monthly Allocation Report
25. Monthly California-American Water Production Report
26. Monthly Water Supply Status Report
ADJOURNMENT IN MEMORY OF FORMER DIRECTOR WILLIAM “WOODY” WOODWORTH
David A. Berger, Secretary to the Board