Regular Meeting of the Board of Directors
Monterey Peninsula Water Management District
October 15, 2007
The meeting was called to order at 7 PM in the conference room of the Monterey Peninsula Water Management District office.
Larry Foy – Division 5
David Potter – Monterey County Board of Supervisors (arrived at 7:08 PM)
General Manager present: David A. Berger
District Counsel present:
The assembly recited the Pledge of Allegiance
following comments were directed to the Board during Oral Communications. (1) Robert Greenwood identified himself
as a member of the Community Advisory Committee, and an attendee of most
District Board meetings prior to the implementation of State Water Resources
Control Board Order 95-10 that required replacement of
On a motion by Director Edwards and second by Director Knight, the Consent Calendar was approved, with the exception of items 6 and 7 that were pulled for separate consideration. The motion was approved on a vote of 6 – 0. Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in favor. Director Potter was absent for the vote.
On a motion by Director Markey and second by Director Lehman, the Board approved an expenditure of funds to contract with DHDettman for a not-to-exceed amount of $22,065. The motion was approved on a vote of 6 – 1. Directors Edwards, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Foy was opposed.
On a motion by Director
Lehman and second by Director Edwards, the Board approved an expenditure of $13,485
($1,250 to be reimbursed through a donation by the
Chair Pendergrass presented
certificates of appreciation to Greg Pickens, Bob McKenzie,
Cynthia Schmidlin, Human Resources Specialist, presented the award to Chair Pendergrass and the Board of Directors.
General Manager Berger presented an update on progress the District has made towards completion of the goals and objectives listed in the Strategic Plan. An outline of the presentation is on file at the District office and can be viewed at the District’s website. Mr. Berger explained that the objective “Present to the Board for direction the amendment of Rule 23 to reflect new metering technology” is listed as complete because District Counsel and staff have determined that District rules should not be amended to authorize installation of in-line water meters. CAW installs the in-line meters and monitors water use through those meters. District rules speak to the CAW “meter”, so there is no need to further define the type of meter.
Henrietta Stern, Project Manager, gave a report on progress made on development of water supply project alternatives. An outline of the presentation is on file at the District office and can be viewed at the District’s website.
Catherine Bowie and
The Board did not meet in Closed Session, so no report was provided.
Director Foy thanked
General Manager Berger and District staff for the support given to him during
his term on the Board. He thanked the
Board members for their cooperation and professionalism. Director Pendergrass noted that the he
attended the September 26, 2007 meeting of the Monterey Regional Water Supply
Reliability Collaboration, sponsored by the Division of Ratepayer Advocates, and
that the group has identified a combination of water supply projects to
address the water shortage in
On a motion by Director Knight and second by Director Potter, the Board adopted the second reading version of Ordinance No. 130 unanimously on a vote of 7 – 0. No comments were directed to the Board during the public hearing on this item.
On a motion by Director Potter and second by Director Edwards, Ordinance No. 131 was referred to the Rules and Regulations Committee for review and revision based on comments made by the Board during their discussion of the draft ordinance. First reading of Ordinance No. 131 would be continued to a future meeting date. The motion was approved unanimously on a vote of 7 – 0.
During the public hearing
on this item, Patricia Bernardi, a
Chair Pendergrass made the following ex parte declaration prior to the staff presentation on this item. “As Mayor of Sand City I have been involved for many years with my fellow council members in reviewing proposals for a city water project, to include the one before this Board tonight. I consult with staff on these matters and they likewise with me. Any other mayor that would be here in my stead would be doing the same. Early on, under my own volition, I told our general manager that it would not by my intent to influence him or any other District staff member either prior to or upon receipt of the city’s and CAW application for the desal plant distribution permit. Neither have I made any attempts to violate the Brown Act rules in the matter. It has always been my understanding from District counsel that because I have no financial interest in this project nor any other conflicts, that I may participate in the discussion and voting on these matters tonight, in which I will do.”
Motion 1: Director Foy made a motion that was seconded by Director Knight to adopt the staff recommendation to approve item 20.A -- Application numbers 20070803SAN; and item 20.B -- 20070829CAW.
Motion 2: Director Lehman offered a substitute motion to take no action on the water distribution system applications at the October 15, 2007 meeting, but instead to schedule a workshop to discuss the applications and proposed ordinance. The motion was seconded by Director Markey.
Motion 3: Director Markey offered an amendment to substitute
Motion 2. She proposed that this item be deferred to the November 19, 2007 Board meeting. The Rules and Regulations Review Committee should be charged to review and consider modifications to the ordinance and refer it back to the Board for action at the November 19, 2007 meeting. The amendment was accepted by Director Lehman. The amended substitute motion failed on a vote of 3 – 4. Directors Markey, Edwards and Lehman voted in favor of the motion. Directors Foy, Knight, Pendergrass and Potter were opposed.
Motion 1: The motion was approved on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed.
Chair Pendergrass referred the concept ordinance to the Rules and Regulations Review Committee for consideration and subsequent referral to the Board of Directors at a future meeting date.
The following comments were
directed to the Board during the public comment period on this item. (1) Kelly
Morgan, City Administrator for the City of Sand City, stated the project
would allow the City to carry out the objectives of its development
plan. In addition, it would benefit
the entire CAW system by providing a more reliable and safe water supply. Mr. Morgan explained that the SWRCB
determined that the project is exempt from Order 95-10. In addition, the City
has received a 2.5 million dollar Proposition 50 grant from the State of
On a motion by Director Foy and second by Director Edwards, the committee recommendation to not move ahead on development of a campaign finance ordinance at this time was adopted on a vote of 6 – 1. Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed.
There was no discussion of the Informational Items/Staff Reports.
The meeting was adjourned at 10:40 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the September 17, 2007 Regular Board Meeting
2. Receive Draft Report on Construction of New Phase 1 ASR Well No. 2
3. Consider Expenditure of Budgeted Funds for Purchase of Injection Equipment for the Phase 1 ASR Project
4. Consider Expenditure of Budgeted Funds to Contract for Construction of Initial Appurtenant Facilities for Phase 1 ASR Project
5. Consider Expenditure of Funds for Contracting with Certified Landscape Irrigation Auditors
6. Consider Expenditure of Budgeted Funds to Contract with DHDettman to Complete the Rescue and Rearing Management Plan for the Sleepy Hollow Steelhead Rearing Facility and Other Facility Support Tasks
Consider Expenditure of Budgeted Funds to Purchase
Computer Software and Hardware for the Video Surveillance System at the
8. Receive and File Report on Fourth Quarter Financial Activity for Fiscal Year 2006-07
9. Adopt Treasurer’s Report for June 2007
10. Presentation of Certificates of Appreciation to Members of the Community Advisory Committee on Water Supply Alternatives
11. Present to Board of Directors the Earl F. Sayre Excellence in Safety Award for 2007 that was awarded to the MPWMD by the Special Districts Risk Management Authority
12. Strategic Plan Update
13. Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
Status Report on
Update on Conservation Program from Catherine Bowie
16. Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
17. Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations
Consider Approval of Applications Submitted by City
A. Consider Approval of MPWMD Application #20070803SAN to Create Water Distribution System for Sand City Water Supply Project (All parcels in City)
MPWMD Application #20070829CAW to Amend
MPWMD Concept Ordinance Adding Rule 23.6 to Establish a Water Entitlement for
21. Consider Report and Recommendation from Administrative Committee on Campaign Finance Reporting Regulations
INFORMATIONAL ITEMS/STAFF REPORTS
22. Letters Received
23. Committee Reports
25. Water Conservation Program Report
26. Monthly Allocation Report
28. Monthly Water Supply Status Report
29. Quarterly Irrigation Program and Riparian Projects Report
31. Quarterly Water Use Credit Transfer Status Report
David A. Berger, Secretary to the Board