EXHIBIT 1-B

DRAFT MINUTES

REGULAR MEETING

BOARD OF DIRECTORS

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

February 23, 2006

 

 

The meeting was called to order at 7:00 PM in the Boardroom of the Monterey Regional Water Pollution Control Agency

 

Board members present:

Michelle Knight, Chair – Division 4

Judi Lehman, Vice Chair – Division 2

Alvin Edwards – Division 1

Kristi Markey – Division 3

Larry Foy – Division 5

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors

 

Board members absent:  None

 

General Manager present:  David A. Berger

 

District Counsel present:  David C. Laredo

 

The assembly recited the Pledge of Allegiance.

 

No comments were directed to the Board during Oral Communications.

 

On a motion by Director Pendergrass and second by Director Edwards, the Consent Calendar items were approved unanimously on a vote of 7 – 0.

 

Adopted.

 

 

 

 

 

 

Approved.

 

 

 

Approved.

 

 

 

 

Approved.

 

 

 

 

Adopted.

 

 

 

 

 

 

Adopted.

 

 

 

Approved.

 

 

 

Adopted.

 

Henrietta Stern, Project Manager, addressed the Board.  A summary of her presentation is on file at the District office.

 

 

Darby Fuerst, Senior Hydrologist, presented the item.  He reported that California American Water (Cal-Am) production from the Carmel River between October 1, 2005 and February 21, 2006 is 25 acre-feet under the limit established in response to Order 95-10.  Production from the Coastal Subarea of the Seaside Groundwater Basin is 252 acre feet below the production target.

 

The Board requested that General Manager Berger contact Cal Am and encourage the company to publish advertisements promoting the water conservation message.  The Directors expressed concern about the rise in water demand during a time of year when water production is usually low.   Stephanie Pintar, Water Demand Manager, told the Board that Cal Am would be sending out a mailer that promotes the District’s rebate program.

 

 

District Counsel Laredo stated that he provided status reports to the Board on items listed on the Closed Session agenda. Direction was given to the General Manager and District Counsel.  No reportable action was taken at the meeting.

 

 

 

 

 

 

 

Chair Knight presented Director Foy with a plaque in recognition of his service as Chair of the Board in 2005. 

 

 

 

 

On a motion by Director Foy and second by Director Potter, the Board approved the staff recommendation to: (1) adopt the Negative Declaration, (2) grant the appeal; (3) adopt the Findings of Fact to Support Approval; and (4) direct staff to add a footnote to Rule 24, Table H indicating that dormitory water use is residential in nature.  The motion was approved unanimously on a vote of 7 – 0. 

 

During the public hearing on this item, Thomas Jamison, legal counsel for the applicant, addressed the Board.    He expressed support for the staff recommendation and urged the Board to grant the appeal.  He noted that food preparation facilities on the campus are considered a commercial use.

 

Director Edwards made a motion that was seconded by Director Potter to approve the Fiscal Year 2005-2006 Mid-Year Budget Adjustment.  No action was taken on the motion.

 

Director Markey offered a substitute motion to approve the Fiscal Year 2005-2006 Mid-Year Budget Adjustment, with the understanding that action taken on remaining agenda items could cancel associated expenditures included in the adjusted budget.  The motion was seconded by Director Potter and approved unanimously on a vote of 7 – 0.

 

During the public comment period on this item, John Fischer, a resident of Pacific Grove addressed the Board.  He warned the Board that the public might be critical of the additional $394,000 included in the budget for legal services.

 

 

Director Edwards proposed a motion to adopt the revised Management and Operations Agreement between Cal Am and the MPWMD as submitted for Board review that evening, and adopt the revised language for the Santa Margarita Test Injection Well Aquifer Storage and Recovery (ASR) System Operation and Maintenance Manual also submitted for Board review that evening.  The motion was seconded by Director Foy.

 

 

 

Director Edwards offered an amendment to the motion that was seconded by Director Foy, that a letter be sent to Cal Am asking for an acknowledgment that any reference to “future ASR” in the Management and Operations Agreement refers to the District’s Phase 1 ASR Project.  The amended 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.

 

No comments were directed to the Board during the public comment period on this item.

 

Director Edwards proposed a motion authorizing the District to contract with Bookman-Edmonston/GEI Consultants to perform the scope of work described in the staff report at a total cost not to exceed $60,000.  The motion was seconded by Director Knight and approved on a vote of 4 – 3.  Directors Edwards, Knight, Lehman, and Markey voted in favor of the motion.  Directors Foy, Pendergrass and Potter were opposed.

 

The following persons addressed the Board during the public comment period on this item.  (1) John Fischer, a resident of Pacific Grove, spoke in support of the contract because the resulting study would evaluate whether or not the projects are environmentally benign and if they are properly sited.  (2) Robert Greenwood, representing the Carmel Valley Association, spoke in opposition to the contract.  He stated that the Monterey Bay Regional Water Authority should be responsible to conduct this comparison of project costs.  Also the District should focus its resources on completing studies of the proposed 7.5 million gallons per day Sand City desalination project.

 

Director Foy made a motion to appoint the Board Chair to serve as representative to the Watermaster and that the Vice Chair should be appointed to serve as alternate.  The Board Chair’s term on the Watermaster will end when that person’s term as Chair expires.  The subsequent Chair will take over as representative to the Watermaster.  In addition, a proposal should be submitted to provide District technical and other support services to the Watermaster, and a draft service agreement be negotiated for Board consideration.   Director Potter seconded the motion.  The motion was approved unanimously on a vote of 7 – 0.

 

Director Markey offered a substitute motion to appoint Director Edwards as representative to the Watermaster.  Director Lehman seconded the motion.  Director Markey later withdrew her motion.

 

 

 

During the public comment period on this item, Robert Greenwood, representing the Carmel Valley Association, noted that the staff note on this item states that Cal-Am, Seaside and two private entities will fund a Seaside Basin monitoring and management plan.  He asked staff to identify the two private entities. 

 

Director Edwards made a motion to adopt the staff recommendation to: (1) begin CEQA review on Concept Ordinance No. AA; (2) consider first reading of the ordinance at a future meeting; and (3) direct staff to initiate discussions with Marina Coast Water District, Monterey County Water Resources Agency, Seaside Municipal Water Company and Cal Am re an emergency intertie.  The motion was approved unanimously on a vote of 7 – 0.

 

No comments were directed to the Board during the public comment period on this item.

 

Director Lehman proposed a motion to adopt the staff recommendation to reject the bid from Active Matrix Networks, Inc. and authorize staff to negotiate a reduced amount with the sole bidder.  The Board authorized an expenditure of up to $50,000 for the conference room upgrade that will include installation and design of video equipment as well as funding the purchase of risers and new chairs for the Board and staff tables.  If negotiations with the current bidder are not successful, staff will issue a new Call for Bids.  The motion was seconded by Director Edwards and 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.

 

No discussion of the Informational Items/Staff Reports occurred at the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The meeting was adjourned at 9:55 PM.

 

CALL TO ORDER/ROLL CALL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEDGE OF ALLEGIANCE

 

ORAL COMMUNICATIONS

 

 

CONSENT CALENDAR

 

 

 

1.                   Consider Adoption of Minutes from January 25, 2006 Board Workshop and January 26, 2006 Regular Board Meeting

 

2.                   Consider Response to 2005 Monterey County Grand Jury Report

 

3.                   Consider Approval of Second Quarter Fiscal Year 2005-06 Investment Report

 

4.                   Review and Accept Independent Audit Report for Fiscal Year 2004-2005

 

5.                   Consider Adoption of Memorandum of Understanding between the MPWMD and the California Urban Water Conservation Council

 

6.                   Consider Amendment to General Manager Employment Agreement

 

7.                   Consider Expenditure of Budgeted Funds for 2005 MPWMD Annual Report

 

8.                   Consider Adoption of Treasurer’s Report for December 2005

 

PRESENTATIONS

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

 

 

 

 

 

 

 

 

 

 

 

 

ATTORNEY’S REPORT

11.                Report on 5:30 PM Closed Session of the Board

 

 

 

 

 

 

 

 

 

DIRECTORS’ REPORTS

12.                Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations

 

PUBLIC HEARINGS

13.                Consider Appeal of Staff Decision Regarding Classification of Dormitory Water Use – Robert Louis Stevenson School (APN 008-022-003, 008-022-012, 008-022-020; 008-022-021, 008-022-023, 008-022-033, 008-031-002, 003-031-013, 008-532-008, 008-532-009, 008-532-010)

 

 

 

 

 

 

 

 

14.                Consider Adoption of Fiscal Year 2005-2006 Mid-Year Budget Adjustment

 

 

 

 

 

 

 

 

 

 

 

ACTION ITEMS

15.                Consider Approval of Aquifer Storage and Recovery Management and Operations Agreement between MPWMD and California American Water

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

16.                Consider Supplemental Appropriation and Authorization to Contract with Bookman-Edmonston/GEI Consultants to Prepare Comparison of Desalination Project Costs and Timelines

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17.                Designation of MPWMD Representative to Seaside Groundwater Basin Watermaster; Authorization to Submit MPWMD Proposal for Technical, Administrative and Financial Management Support Services to Watermaster

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18.                Consider Concept Ordinance that Changes District Rule 20-C to Exempt that Portion of Former Fort Ord within the MPWMD Boundary from Water Distribution System Permit Requirements, and Consider Need for Emergency Intertie Between Cal Am and Other Systems

 

19.                Consider Rejection of Sole Bid and Authorization for Staff to Negotiate with Bidder for Design and Installation of Audio and Video Equipment in the District’s Conference Room

 

 

 

 

 

 

 

INFORMATIONAL ITEMS/STAFF REPORTS

20.                Letters Received

 

21.                Committee Reports

 

22.                Strategic Planning Initiatives Progress Report

 

23.                Carmel River Fishery Report

 

24.                Water Conservation Program Report

 

25.                Monthly Allocation Report

 

 

26.                Monthly California American Water Production Report

 

27.                Monthly Water Supply Status Report

 

28.                Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project

 

29.                Semi-Annual Groundwater Quality Monitoring Report

 

ADJOURNMENT

 

 

 

                                                                                               

                                                                        ____________________________________

                                                                        David A. Berger, Secretary to the Board

 

U:\staff\word\boardpacket\2006\2006boardpackets\20060320\ConsentCal\01\item1_exh1b.doc

A. Tavani/3-9006/Feb 23, 2006 Board Minutes/6 pages