Board of Directors
Monterey Peninsula Water Management District
December 12, 2005
The meeting was called to order at 7 PM in the Boardroom of the Monterey Regional Water Pollution Control Agency.
Larry Foy, Chair – Division 5
Judi Lehman – Division 2
David Pendergrass – Mayoral Representative
David Potter –
The assembly recited the Pledge of Allegiance.
The oath of office was administered to Directors Lehman and Edwards by Arlene Tavani, Executive Assistant.
No comments were directed to the Board during Oral Communications.
On a motion by Director Pendergrass and second by Director Edwards, the Consent Calendar was approved by unanimous vote of the Board.
An outline of the report presented by Henrietta Stern, Project Manager, is available for review at the District office.
An outline of Mr. Fuerst’s
presentation is on file at the District office. He reported that between October 1, 2005 and
December 8, 2005, Cal-Am produced 1,656 acre-feet of water from the
District Counsel Laredo stated that he provided a progress report to the Board on Closed Session agenda items 3.A through 3.E. No reportable action was taken. Action was taken on item 4, when on a motion by Director Markey and second by Director Edwards, the Board voted 6 – 0 (Director Potter was absent) to approve amendments to the memorandums of understanding with the District’s three labor groups regarding the holiday furlough week. The agreement states that employees who are required to work during the furlough must take time off by February 28, 2006. The Board also met to discuss the performance of the General Manager but no reportable action was taken.
Director Lehman reported
that she attended the November 2005 conference of the Association of
California Water Agencies. During the
conference she volunteered to participate as a Water Ambassador in a
statewide outreach education program developed by ACWA. She reported that ACWA has developed a
Blueprint for California Water that consists of a twelve-point approach to
addressing the water situation in
On a motion by Director Pendergrass and second by Director Edwards, the January through March 2006 Quarterly Water Supply Strategy and Budget was unanimously adopted by the Board on a vote of 7 – 0. No comments were received during the public hearing on this item.
Following a lengthy discussion, the Directors agreed to table this item. Staff was directed to submit at the January 26, 2006 Board meeting a proposal to contract with a consultant for preparation of a comparison of seawater desalination project costs and timelines.
The following comments were
received during the public comment period on this item. (1) John Fischer, a
Director Pendergrass proposed a motion that was seconded by Director Potter, to adopt the proposed language for Meeting Rule No. 7 with the following amendment: the second sentence of Rule 7 A should read “The members of said committees and their chair shall be appointed by the Chair of the Board and approved by the Board.” In addition, the following clarification of Rule 7 would be in effect, but would not be incorporated into the Meeting Rules document, “A third Director could attend as a non-voting attendee, with permission of the Board Chair.” The motion was adopted on a vote of 4 – 3. Directors Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Edwards, Lehman and Markey were opposed. No public comment was directed to the Board on this item.
Director Potter moved and Director Foy seconded a motion to adopt the proposed Administrative Committee charge with one amendment; the word “elected” should be removed from line four of section 3.a. The motion was adopted unanimously on a vote of 7 – 0. No public comment was directed to the Board on this item.
On a motion by Director Lehman and second by Director Knight the charge to the Rules and Regulations Committee was adopted with the alternate language for Section 4.c, “To undertake tasks as designated by a majority of the Board or the District Board Chairperson.” The motion was approved unanimously on a vote of 7 – 0. No public comment was directed to the Board on this item.
Director Foy made a motion to adopt the Water Demand Committee Charge as presented. Director Knight seconded the motion. Director Foy later withdrew his motion.
Director Knight moved and Director Foy seconded a motion to adopt the Water Demand Committee Charge with one amendment; line one of Section 2 should be amended to read, “The committee meets as needed to provide a forum for in-depth deliberation and discussion and to provide recommendations and direction to staff on issues related to water permit processes and applications, and conservation policies and issues.” The motion was approved unanimously on a vote of 7 – 0. No public comment was directed to the Board on this item.
Director Foy made a
motion to adopt the
Director Lehman made a motion to continue this item to the January 26, 2005 Board meeting so the Board can consider unresolved issues such as the primary function of the committee and if it would be considered a legislative body under the Brown Act. The motion was seconded by Director Potter and approved unanimously on a vote of 7 – 0.
John Fisher, a resident of
Director Knight offered a motion that the composition of the Policy and Technical Advisory Committees should not be expanded. In addition, the Board should consider creation of a Community Advisory Committee and charge at a future meeting when the issue of committee membership could be fully explored. The motion was seconded by Director Edwards and adopted unanimously by the Board on a vote of 7 – 0.
The following comments were directed to the Board during the public comment period on this item. (1) John Fischer, spoke in support of including members of the community as non-voting participants on the Policy and Technical Advisory committees. (2) Diana Ingersoll, Director of Public Works for the City of Seaside and Chair of the Policy Advisory Committee, recommended that membership on the committees not be expanded. She explained that committee meetings are open to the public and the committees do consider concerns expressed by members of the public.
Director Potter made a motion that Section 4.b of the Policy Advisory Committee charge be amended to read, “To provide timely advice to the MPWMD staff and recommendations to the District Board of Directors on matters related to water demand management and conservation as it effects their jurisdictions.” Section 4.b of the Technical Advisory Committee charge should be amended to read, “To provide timely advice to the MPWMD staff and recommendations to the District Board of Directors on technical matters related to water demand management and conservation as it effects their jurisdictions.” Director Edwards seconded the motion.
Director Markey proposed that the motion be amended to include additional changes. She suggested that the first sentence of Section 1 of the Policy Advisory Committee charge be amended to read, “The Policy Advisory Committee (PAC) provides recommendations to the District Board of Directors on policy matters referred by the Board related to water use and consumption with the Monterey Peninsula Water Management District.” In addition, the first sentence of Section 1 of the Technical Advisory Committee charge should be amended to read, “The Technical Advisory Committee (TAC) considers topics referred by the Board….” Directors Potter and Edwards agreed with the amendments. The amended motion was adopted unanimously on a vote of 7- 0.
During the discussion of this item, Diana Ingersoll asked the Board if items the public and staff would like the TAC and PAC to discuss must be referred by the Board. The response from Directors Potter and Markey was that referral must come from the Board and that this policy should also apply to the Carmel River Advisory Committee.
Chair Foy made a motion to elect Director Knight to the position of Board Chair for 2006. The motion was seconded by Director Edwards. The motion was approved on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Markey and Lehman were opposed.
Director Markey made a motion to elect Director Lehman to the position of Chair for 2006. The motion was seconded by Director Lehman. The motion failed on a vote of 2 – 5. Directors Lehman and Markey voted in favor of the motion. Directors Edwards, Foy, Knight Pendergrass and Potter were opposed.
Director Foy made a motion to elect Director Potter to the position of Vice Chair for 2006. The motion was seconded by Director Pendergrass. Director Potter withdrew his name from consideration.
Director Edwards made a motion to elect Director Lehman to the position of Vice Chair for 2006. Director Potter seconded the motion. The motion was adopted unanimously on a vote of 7 – 0.
Director Foy made a
motion to elect David A. Berger to the position of Secretary to the Board,
There was no discussion of the Informational Items/Staff Reports.
The meeting was adjourned at 10:05 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
ADMINISTER OATH OF OFFICE TO JUDI LEHMAN AND ALVIN EDWARDS
1. Consider Adoption of Minutes of the August 25, 2005 town Hall Meeting/Special Meeting and the November 21, 2005 Regular Board Meeting
2. Consider Adoption of Resolutions Certifying Results of the November 8, 2005 Special Election on Measure W and Reelection of Directors Lehman and Edwards
Receive and File Water Year 2005
4. Consider Authorizing Expenditure of Budgeted Funds to Pay 2006 Dues to the Association of California Water Agencies
5. Consider Authorizing Expenditure of Budgeted Funds to Pay 2006 Dues to the California Special District Association
6. Receive and File First Quarter Financial Activity Report for Fiscal Year 2005-2006
7. Consider Adoption of Treasurer’s Report for September 2005
8. Consider Adoption of Treasurer’s Report for October 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 Adoption of January through March 2006 Quarterly Water Supply Strategy and Budget
Receive Update on Agreement with
15. Request of Director Edwards to Explore the Feasibility of an Agreement between MPWMD and Pajaro/Sunny Mesa Community Services District Relating to the North County Desalination Project
16. Consider Amendment of MPWMD Meeting Rule 7 Creating a Chair/Vice Chair Committee Charge and other Policy Procedural Matters Related to Board Committees and MPWMD Advisory Committees
17. Review and Consider Adoption of Charges for Existing Board Committees: Administrative, Public Outreach, Rules and Regulations Review and Water Demand
Review and Consider Amendment of
19. Consider Creation of a Water Supply Committee and Charge
20. Consider Expanding Composition of Policy Advisory Committee and Technical Advisory Committee; or Creating Community Advisory Committee and Potential Charge
21. Consider Adoption of Policy Advisory Committee and Technical Advisory Committee Charges
22. Consider Nominations for Board Chair and Vice-Chair for 2006 and Conduct Elections for Board Officers
INFORMATIONAL ITEMS/STAFF REPORTS
23. Letters Received
24. Committee Reports
25. Strategic Planning Initiatives Progress Report
27. Water Conservation Program Report
28. Monthly Allocation Report
David A. Berger, Secretary to the Board
A Tavani/Board Minutes/7 pages/