Marina Coast Water District - January 14, 1998, Board of Directors minutes
MARINA COAST WATER DISTRICT
City of Marina Council Chambers Regular Meeting
211 Hillcrest Avenue January 14, 1998
Marina, California 7:00 P. M.
MINUTES
1. CALL TO ORDER:
President Randle called the meeting to order at 7:08 P. M. On January 14,
1998.
2. ROLL CALL:
BOARD MEMBERS PRESENT:
Emmette Randle, Jr., President
Ken Nishi, Vice President
Gary Wilmot
Tom Moore - arrived at 7:24 P. M.
Ben Smith - arrived at 8:03 P. M.
STAFF MEMBERS PRESENT:
Leo Laska, General Manager
Jim Dowless, Operation & Maintenance Superintendent
Barbara Mulholland, ASO for Finance
Connie Chavoya, ASO for Personnel & Administration
Evelina Adlawan, Technical Services Manager
Rich Youngblood, Water Conservation/Special Projects Coordinator
Dave Foote, District Engineer
Lloyd W. Lowrey, Jr., Legal Counsel
AUDIENCE:
Justina Walsh
Mark Duplissie, MCWD
Joe Meza, MCWD
3. QUESTIONS/COMMENTS FROM THE PUBLIC ON ANY ITEM NOT ON THE AGENDA:
Mrs. Justina Walsh, 3010 Lake Court, questioned if Item #13 would definitely
be discussed at tonights meeting. She was informed that it would be
discussed.
4. APPROVE CONSENT AGENDA:
On motion by Director Wilmot, seconded by President Randle; the Board
approve the Consent Agenda.
Director Wilmot -Yes President Randle - Yes
Director Moore - Absent Director Smith - Absent
Vice President Nishi- No
Motion failed.
5. AWARD CERTIFICATE FOR EMPLOYEE OF THE QUARTER/JANUARY-FEBRUARY-MARCH:
On motion by Vice President Nishi, seconded by Director Wilmot; the Board
award Susan Kiefert the certificate for Employee of the Quarter with all
privileges pertaining thereto. Motion carried unanimously
(3 ayes - 2 absent/Smith & Moore).
6. AWARD CERTIFICATE AND $100.00 FOR QUARTERLY SPIRIT AWARD:
Mr. Laska stated that two employees had been picked for the Quarterly Spirit
award and would be sharing in the $100.00 award. Director Wilmot indicated
his desire to award both employees $100.00. Director Nishi stated that the
awards program was budgeted for $400.00 for the year and did not feel that
more than $100.00 should be awarded in order to stay within the budget.
On motion by Vice President Nishi, seconded by Director Wilmot; the Board
award Joe Meza and Mark Duplissie the Certificate for the Quarterly Spirit
Award for January-February-March and April-May-June 1998 along with a gift
of appreciation in the form of a check for $100.00 each. Motion carried
(3 ayes - 2 absent/Moore and Smith).
Director Wilmot stated he misunderstood the motion and wished to withdrew his
second. Mr. Lowrey indicated that since the vote was taken and the chair had
stated that the motion passed President Randle would have to decide if the
action should be rescinded or let the motion stand. President Randle stated
the motion, as made and approved, would stand.
Director Moore arrived at 7:24 P. M.
On motion by Director Wilmot, seconded by Director Moore; the Board
reconsider the issue again. Motion carried (3 ayes - 1 no/Nishi -
1 absent/Smith).
On motion by Director Wilmot, seconded by Director Moore; the Board award
Joe Meza and Mark Duplissie the Certificate for the Quarterly Spirit Award
for January-February-March 1998 along with a gift of appreciation in the
form of a check for $100.00 each. Motion carried (3 ayes - 1 no/Nishi -
1 absent/Smith).
7. COMMITTEE ASSIGNMENTS:
President Randle made the following Committee appointments:
Fort Ord Committee Gary Wilmot
Marion Bryson
Tom Moore
Public Relations Committee Ken Nishi
Joyce Simon
Tom Moore
LAFCO Representative Emmette Randle, Jr.
President Randle recommended the following Committee appointments:
Budget & Personnel Committee Ken Nishi
Tom Moore
Operations & Maintenance Committee Gary Wilmot
Emmette Randle, Jr.
Water Conservation Commission Ben Smith
Tom Moore - Alternate
Joint City/District Committee Emmette Randle, Jr.
Ben Smith
MRWPCA Ken Nishi
Tom Moore - Alternate
On motion by Director Wilmot, seconded by President Randle; the Board
approve the Committee assignments as designated by President Randle.
Motion failed (2 ayes/Randle & Wilmot - 2 noes/Moore & Nishi - 1 absent/
Smith).
On motion by Director Moore, seconded by Director Wilmot; the Board elect
Vice President Nishi to serve as representative on the MRWPCA Board with
Director Moore to serve as the alternate. Motion carried unanimously
(4 ayes - 1 absent/Smith).
On motion by Director Wilmot, seconded by President Randle; the Board elect
Vice President Nishi and Director Moore to serve on the Budget and Personnel
Committee. Motion carried (3 ayes - 1 no/Moore - 1 absent/Smith).
On motion by Vice President Nishi, seconded by Director Randle; the Board
approve the rest of the Committee assignments as recommended by the President
(see above/Operations & Maintenance Committee, Water Conservation Commission
and Joint City/District Committee). Motion carried (3 ayes - 1 no/Moore -
1 absent/Smith).
8. UPDATE CONFLICT OF INTEREST CODE:
Mr. Lowrey briefed the Board on the proposed changes to the District’s
Conflict of Interest Code. He also proposed that the Board schedule a
workshop on the subject of compliance with the District’s code.
On motion by Director Moore, seconded by Director Wilmot; the Board approve
the changes to the District’s Conflict of Interest Code by deleting the
Administrative Services Manager position and adding the positions of
Administrative Service Officer for Finance, Administrative Service Officer
for Personnel & Administration, Technical Services Manager and Water
Conservation Coordinator. Motion carried (4 ayes - 1 absent/Smith).
It was suggested that instead of scheduling a workshop, the item be placed
on a future Board agenda for discussion.
9. CONSIDERATION OF BOARD MEETING LOCATION:
Director Smith arrived at 8:03 P. M.
On motion by Vice President Nishi, seconded by President Randle; the Board
approve changing the location of Board meetings from the Marina City Council
Chambers to the District offices at 11 Reservation Road effective January 28,
1998. Motion carried (3 ayes - 2 noes/Moore & Wilmot).
Director Moore stated he had some concerns over access to the District in
the evening hours. He suggested that a light of some sort be installed at
the entry way and that a sign be posted by the gate.
10. AUTHORIZE ESTABLISHING POSITION OF DISTRICT ENGINEER AND ENGINEERING
TECHNICIAN:
On motion by Vice President Nishi, seconded by Director Wilmot; the Board
authorize establishing the position of District Engineer and Engineering
Technician and for staff to proceed with the process. Motion carried
unanimously.
On motion by Vice President Nishi, seconded by Director Smith; the Board
hear agenda Item #13 before #11 and #12. Motion carried unanimosuly.
13. DISCUSSION OF TEMPORARY WATER SERVICE LINE ON LAKE COURT:
Director Smith informed the Board that the water meter service at 3010 Lake
Court sits approximately a quarter of a mile from the residence. He also
stated there were no easements for accessing the water service between the
meter and the residence. Staff informed the Board on some of the background
on the service to the area. Board and staff discussion followed.
On motion by Director Moore, seconded by Director Wilmot; the Board direct
staff to investigate the issue; which is to include getting data on the
exact nature of the services beyond District meters, line sizes, how many
lines, who is served, what the easement status is, if any parcels paid
capacity charges at any point in the past, history of past attempts, issues
in respect to annexation, issues in respect to service out of Fort Ord, fire
flows, public safety and if the District could put on a surcharge or deal
with it strictly as a capacity charge. Issue to be brought back to the Board
in three months. Motion carried unanimously.
11. RESOLUTION FOR BOARD POLICIES:
On motion by Director Wilmot, seconded by President Randle; the Board adopt
Resolution No. 98-1 (adopting Board policies).
Director Smith - Yes Vice President Nishi - Yes
President Randle- Yes Director Moore - Yes
Director Wilmot - Yes
Motion carried unanimously.
12. DRAFT ORDINANCE FOR INDIVIDUAL METERING OF MULTIPLE UNITS:
Staff was directed to bring the ordinance back to the Board for consideration
on February 11th, following review by the City of Marina Planning Department.
13. DISCUSSION OF TEMPORARY WATER SERVICE LINE ON LAKE COURT:
Discussed earlier in the meeting.
14. REVIEW JANUARY 28, 1998 MEETING:
No changes or additions were made to the January 28th draft agenda.
On motion by Director Nishi, seconded by Director Moore; the Board
reconsider Agenda Item #4, Approval of Consent Agenda. Motion carried
(3 ayes - 2 abstentions/Smith and Wilmot).
4. APPROVE CONSENT AGENDA: (Continued)
Director Moore requested that agenda item 4B and 4E be pulled from the
Consent Agenda.
4D. ACCEPT URBAN REUSE PROJECT REPORT:
4F. STATUS OF RATE INCREASE/PROPOSITION 218:
On motion by Director Nishi, seconded by Director Moore; the Board approve
Item D (Accept Urban Reuse Project Report) and Item F (Status of Rate
Increase/Proposition 218) of the Consent Agenda. Motion carried (4 ayes -
1 abstention/Smith).
4A. APPROVE MINUTES OF DECEMBER 10, 1997 AND DECEMBER 18, 1997:
On motion by Director Moore, seconded by President Randle; the Board approve
the minutes of December 10, 1997. Motion carried (4 yes - 1 abstention/
Wilmot).
On motion by Director Moore, seconded by Director Wilmot; the Board approve
the minutes of December 18, 1997. Motion carried (3 ayes - 2 abstentions/
4B. APPROVAL OF BILLS:
On motion by Director Wilmot, seconded by President Randle; the Board
approve expenditures totaling $477,406.95 ($199,431.40 for current listing
and $277,975.55 reconsidered from Board meeting of December 10, 1997).
President Randle- Yes Vice President Nishi- Yes
Director Smith - Yes Director Wilmot - Yes
Director Moore - Yes
Motion carried unanimously.
4C. ACCEPT STATUS REPORT ON SECTION 125:
An update was provided to the Board.
On motion by Director Moore, seconded by Director Smith; the Board accept the
status report and on January 30, 1998, if there are any remaining unresolved
cases, the District notify the Internal Revenue Service. Motion carried
(4 ayes - 1 abstention/Wilmot).
4E. UPDATE ON DESAL PROJECT:
Board and staff reviewed the December 29, 1997 and January 6, 1998
memorandums from Schaaf and Wheeler.
4G ACCEPT DRAFT NEWSLETTER:
The draft newsletter was reviewed by the Board with suggested changes made.
On motion by Director Moore, seconded by Director Wilmot; the Board approve
the draft newsletter with revisions as suggested. Motion carried
unanimously.
15. STAFF REPORTS:
Mr. Laska reminded the Fort Ord Committee members that the meeting scheduled
for Thursday, January 15th would be held at 11 Reservation Road and not the
Fort Ord office. He also reminded everyone of the February 7th workshop and
their need to respond to the requested information as soon as possible.
16. COMMITTEE REPORTS:
None.
17. BOARD COMMENTS:
Director Moore questioned if the District had replaced their telephone credit
cards with pre-paids. Mr. Laska stated that the District no longer had
telephone credit cards.
Five minute break taken at 10:00 P. M.
18. CLOSED SESSION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Pursuant to Government Code Section 54956.9(a) the Board went into Closed
Session at 10:05 P.M. to discuss litigation due to damage of District
property, Case No. 108630 filed in Superior Court in Monterey County.
Defendants are George H. Robinette, III and John E. King and Does I thru V.
Plaintiffs are Marina Coast Water District. The Board returned to Open
Session at 10:30 P. M. With direction provided to legal counsel. No action
was taken.
19. ADJOURNMENT:
Meeting was adjourned at 10:30 P. M.