Marina Coast Water District - 29 July, 1998, Board of Directors minutes
MARINA COAST WATER DISTRICT
District Offices Special Meeting
11 Reservation Road July 29, 1998
Marina, California 7:00 P. M.
MINUTES
1. CALL TO ORDER:
President Randle called the meeting to order at 7:03 P. M. on July 29, 1998.
2. ROLL CALL:
BOARD MEMBERS PRESENT:
Emmette Randle, Jr., President
Tom Moore
Marion Bryson
BOARD MEMBERS ABSENT:
Gary Wilmot - excused
Ben Smith
STAFF MEMBERS PRESENT:
Leo Laska, General Manager
John Miller, District Engineer
Connie Chavoya, Administrative Services Officer for Administration &
Personnel
Barbara Mulholland, Administrative Services Officer for Finance
AUDIENCE:
Al Mulholland
Dan Bellem
Jim Perrine, Marina City Council
John Longley, City Manager/Marina
Dick Goblirsch, City of Marina
3. QUESTIONS/COMMENTS FROM THE PUBLIC ON ANY ITEM NOT ON THE
AGENDA:
None.
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Special Meeting
July 29, 1998
4. APPROVAL OF CONSENT AGENDA:
On motion by Director Bryson, seconded by President Randle; the Board
approve the consent agenda as presented (Minutes of July 1, 1998 and
expenditures totaling $417,592.96).
Director Moore - Abstain President Randle- Yes
Director Bryson - Yes Director Smith- Absent
Director Wilmot - Absent
Motion failed.
5. ADOPT RESOLUTION OF APPRECIATION FOR BARBARA MULHOLLAND:
On motion by Director Bryson, seconded by Director Moore; the Board adopt
Resolution No. 98-10 (Resolution of appreciation for Barbara Mulholland).
Motion carried unanimously (Wilmot and Smith absent).
6. FILL VACANT POSITION ON WATER CONSERVATION COMMISSION:
On motion by Director Moore, seconded by Director Bryson; the Board appoint
Michael J. Ordonez, Sr. to serve on the Water Conservation Commission.
Motion carried unanimously (Smith & Wilmot absent).
9. RECEIVE UPDATE AND POSSIBLE ACTION ON URBAN REUSE PROJECT:
Mr. Miller briefed the Board on the project and the options that were
available to pursue. Mr. Laska stated that Staff was seeking direction
from the Board to pursue one of two separate distinct concepts. One being
a non-reservoir project where the second project would include a reservoir.
The non-reservoir project would not preclude the District from doing the
larger project.
On motion by Director Bryson, seconded by Director Moore; the Board direct
staff to concentrate on the non-reservoir project.
Director Smith - Absent Director Moore - Yes
Director Bryson - Yes Director Wilmot - Absent
President Randle - Yes
Motion carried unanimously.
Director Moore requested an analysis of the time frame and what impact it
would have on the larger
project.
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Special Meeting
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Break taken from 8:26 P. M. to 8:35 P. M.
7. FILL VACANT POSITION ON FORT ORD COMMITTEE:
No candidates. To be carried over to the August 26, 1998 Board meeting.
On motion by Director Moore, seconded by Director Bryson; the Board open up
the position on the Fort Ord Committee to residents of the City of Marina instead of just residents of the District. Motion carried unanimously (Wilmot & Smith absent).
8. MAKE AMENDMENTS/CHANGES TO RESOLUTION NO. 98-1 - POLICY REGARDING
DISTRICT ENGINEER:
On motion by Director Bryson, seconded by President Randle; the Board adopt
Resolution 98-11 (amending Resolution No. 98-1).
President Randle- Yes Director Bryson -Yes
Director Smith - Absent Director Moore - Yes
Director Wilmot -Absent
Motion carried unanimously.
10. RECEIVE UPDATE ON BACKUP WATER SUPPLY FOR DESAL PLANT:
An update of the project was given to the Board. Mr. Laska stated that the
draft RFP should be received by the end of the month. Staff will review the
document and hopefully bring it to the Board on August 26, 1998 with a
recommendation.
11. BRIEFING AND ACTION ON MONTEREY COUNTY WATER RESOURCES AGENCY'S
BASIN MANAGEMENT PLAN COST ALLOCATION ADVISORY COMMITTEE:
Mr. Lowrey briefed the Board on the Cost Allocation Advisory Committee's
proposed recommendations and the actions that the Board will need to take.
On motion by Director Bryson. Seconded by President Randle; the Board
recommend the Cost Allocation Advisory Committee recommendations be approved and that our costs not be greater than Salinas.
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Special Meeting
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11. BRIEFING AND ACTION ON MONTEREY COUNTY WATER RESOURCES AGENCY'S
BASIN MANAGEMENT PLAN COST ALLOCATION ADVISORY COMMITTEE: (Continued)
Director Bryson amended his motion to include: 1) the District question
why values were calculated the way they were and 2) we have a preference on the rate base. President Randle seconded the amended motion.
Director Bryson - Yes Director Wilmot - Absent
President Randle- Yes Director Moore - Yes
Director Smith - Absent
Motion carried unanimously.
12. AUTHORIZE LETTER TO CALIFORNIA SUPREME COURT ENCOURAGING
REVIEW OF WATER RIGHTS DECISION:
On motion by Director Moore, seconded by President Randle; the Board
authorize Legal Counsel to send the proposed letter to the California Supreme Court, to request the Supreme Court to review the decision in City of Barstow v. Mojave Water Agency. Motion carried unanimously (Smith & Wilmot absent).
13. STAFF REPORTS:
Directors were reminded of the deadline for filing papers for the November
election. Mr. Laska reported that he had spent the last two days
negotiating with the Army on the utility contract.
A. GOALS & OBJECTIVES:
Goals and Objectives tracking chart was included in the packet.
Mrs, Mulholland thanked the Board for the five years of experience she has
gained with the District and for the opportunity to do some financial
development.
14. COMMITTEE REPORTS:
A. WATER CONSERVATION COMMISSION:
No. Report.
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14. COMMITTEE REPORTS: (Continued)
B. OPERATIONS & MAINTENANCE COMMITTEE:
Minutes of July 8, 1998 meeting included in Board packet.
C. BUDGET & PERSONNEL COMMITTEE:
Minutes of July 9, 1998 Board meeting included in Board packet.
D. JOINT CITY/DISTRICT COMMITTEE:
July 1, 1998 minutes provided to the Board.
E. COMMUNITY RELATIONS COMMITTEE:
No report.
F. FORT ORD COMMITTEE:
No meeting held in July.
G. MRWPCA:
No report.
H. LAFCO:
No report.
15. BOARD COMMENTS:
Director Moore voiced his displeasure with the regular Board meeting being scheduled on July 22, 1998 and the fact that he did not receive a Board packet. He also stated that he had not been consulted with the changes made on the MRWPCA Board and felt that he should have been consulted.
President Randle stressed the need for the Directors to let him know when they can not attend meetings.
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Special Meeting
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Break taken at 10:04 P. M.
16. CLOSED SESSION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Pursuant to Government Code Section 54956.9(a) the Board adjourned to 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.
On motion by Director Moore, seconded by Director Bryson; the Board accept
settlement with the defendants and empower legal counsel to negotiate with
John E. King.
Director Moore - Yes Director Wilmot - Absent
Director Smith - Absent Director Bryson - Yes
President Randle - Yes
Motion carried unanimously.
The Board returned to open session at 10:16 P. M. with the Board accepting
a $200,000.00 settlement; $180,000.00 for the retaining wall and $20,000.00
in general damages. Legal Counsel was given instructions to work out the
agreement.
17. ADJOURNMENT:
Meeting was adjourned at 10:16 P. M.
APPROVED:
Emmette Randle, Jr., President
ATTEST:
Leo M. Laska, General Manager