PVWMABoard of Directors Meeting Minutes July 6, 2005

Page 1

Board of Directors MeetingJuly 6, 2005, 1:30 p.m.

City Council Chambers250 Main Street, Watsonville, CA

WORKSHOP MEETING MINUTES

  1. Call to Order, Roll Call of the PVWMA Directors, and Pledge of Allegiance: TheRegular Board meeting of Pajaro Valley Water Management Agency was called to order in the City Council Chambers, 250 Main Street, Watsonville, CA, at 1:35 p.m. by Chair Capurro.

Board Members Present:Capurro, Carroll, Dobler, Eiskamp, Imazio, Miljanich

Board Members Absent: Gallino

Staff Members Present: Charles McNiesh, General Manager (GM)

Mary Bannister, Technical Division Manager (TDM)

Linda Contreras, Administrative Division Manager (ADM)

Dave McCabe, Special Assistant to General Manager

Fred Miles, Engineer

Berta Rodriguez, Administrative Analyst (AA)

Others Present:Anthony Condotti, Counsel

Steve Clary, RMC

  1. Report on Closed Session of June 15, 2005, Board Meeting. Counsel stated that there was No Reportable Action.
  1. Oral Communications: Joseph Pendry, 756 Buena Vista, expressed his concerns regarding an apparent lack of interest by the Board in promoting water conservation.
  1. Director Comments. Director Dobler responded to Mr. Pendry’s comments.
  1. Discussion Items
  1. Review and discuss existing agreements with City of Watsonville regarding recycling project feasibility study; recycling project design; and City water system connection project.

The GM explained that the review of the existing agreements with the City of Watsonville would lead up to the discussion of the next item regarding a potential, upcoming agreement with the City regarding construction, ownership, and operations and maintenance of the proposed joint water recycling project. The three existing agreements are: 1) Sharing of Costs for Feasibility Report, June 2000; 2) Sharing of Costs for Project Design of Treatment Plant Component, October 2003, and 3) Interim Connection to the City’s Water System, April 2005. Included in the board packet was a summary outline for each agreement as prepared by Counsel.

The GM presented each of the summaries. The Directors engaged in discussion, covering many substantive issues. The ADM provided details on the reimbursement process on the associated federal and state grants. Counsel was directed to review the augmentation charge ordinance; and if appropriate, to recommend amendments to allow the Agency to contractually exempt a party from payment of augmentation charges in specifically outlined instances. Others who spoke on this item were: Dale Huss, Chair of the Water Quality Operations Committee; Nancy Isakson; and, Doug McKinney.

  1. Discuss terms for proposed agreement with City of Watsonville regarding recycling project construction, ownership, and operations and maintenance

The GM requested that the Board review and provide direction in the drafting of a proposed agreement with the City of Watsonville regarding the recycling project construction, ownership, and operations and maintenance. David Koch, Director of Public Works, was present to answer questions on behalf of the City. The GM expanded on the Summary of Recycling Project Construction Agreement Concepts included in the Board materials. The Directors provided input into desired terms to negotiate with the City of Watsonville. Nancy Isakson, PVCLTWS, recommended examination of the MOU negotiated by Monterey County Water Resources Agency as it involved similar issues. Others who spoke on this item were: Dale Huss, Chair of the Water Quality and Operations Committee, Joseph Pendry, Darlene Din, and Doug McKinney.

  1. Discuss impact fee options and underlying assumptions. The GM introduced the issues involved in the development of a viable impact fee ordinance. Counsel provided a legal analysis of the first four legal impediments found on page 30 of the Board materials and the next four which he characterized as policy matters on page 31. The Board engaged in discussion. Others who spoke on this item were: Darlene Din, Nancy Isakson, and Joseph Pendry. After discussion, the Board directed Staff to bring back a non-impact fee/reduced demand alternative for Board consideration.
  1. Discuss Basin Management Plan implementation schedule. Steve Clary, RMC, presented a critical path timeline for board decisions regarding the implementation of the BMP and preservation of grant funding. The Directors engaged in discussion. Steve Clary responded to numerous Director questions. Nancy Isakson offered her opinion that the Agency would benefit by inviting all stakeholders to the table for discussion and by obtaining their commitment.
  1. Discuss proposed groundwater model update project. The GM updated the Board on the progress of the groundwater model update project. Director Eiskamp stated that groundwater models could be useful within certain parameters. Discussion ensued. The GM stated that the Board would be asked to consider a specific ground water model update proposal at the next Board meeting.
  1. Discuss potential items to be considered at July 20, 2005, Board Business meeting. The GM reviewed the following topics tentatively scheduled to appear on the July 20th Business Meeting agenda: (1) discussion of an expanded recycling project involving 2 acres of farm land; (2) notice of completion of the supplemental wells project; (3) presentation of the total costs of the 2005 Construction Project; (4) amended contract with Jacobs Engineering, the

construction manager, related to the upcoming Coastal Distribution work in Monterey County; (5) proposed environmental services contract; (6) reconsideration of two new proposed staff positions; and (7) discussion of ground water model update.

  1. Reports
  2. Counsel Reports

1. Litigation update. Counsel reported that there were no new developments.

  1. Board Committee Reports. None.
  2. Staff Reports
  1. Project operations report. The Engineer reported that water was being scheduled for delivery 6 days a week and up to 24 hours a day. He stated that the scheduling of deliveries was the greatest challenge. He reported that the Water System Operator was conducting a tour and training session to the water users and that a Water Users Handbook was being finalized. The Engineer noted that the Agency was receiving valuable input from the Water Quality and Operations Committee regarding water quality consideration and establishing a priority system. He answered an inquiry by Director Dobler regarding the volume of water pumped versus delivered to date.
  2. Basin Management Plan implementation report. The GM was pleased to report that on July 1st, the Governor had signed AB 174 into law clarifying that the Agency may exercise eminent domain outside its jurisdictional boundaries for the purpose of constructing an import pipeline.
  3. Water conservation report. The GM stated that the Agency was recruiting to fill this open position. The TDM reported on her discussions with other local water and conservation agencies regarding plans for the “World of Water” program at this year’s Santa Cruz County Fair.
  1. Written Communication/Correspondence. None.
  1. Future Meetings and Agenda Items. The GM reported that the July 22nd meeting of the TAC committee had been cancelled. Director Eiskamp asked for a list of TAC members and requested to be added as a Board member.
  1. Administrative/Finance Committee – July 13, 2005, 1:45 pm, PVWMA Conference Room
  2. Water Quality & Operations Committee – July 15, 2005, 2 pm, Watsonville WWTP
  3. Projects Committee – July 20, 2005, 3 pm, PVWMA Conference Room
  4. Board Business Meeting – July 20, 2005, 7 pm, Watsonville Council Chambers
  5. Technical Advisory Committee – July 22, 2005, 9:30 am, Ag Extension Auditorium

Note: The meeting recessed at 4:25 p.m. to conduct the Special Meeting, after which the meeting reconvened at 4:30 p.m.

  1. Closed Session

A. Conference with Legal Counsel – Anticipated Litigation

Initiation of litigation pursuant to Government Code Section 54956.9(c):

Five (5) Potential Cases

  1. Return to Open Session for Closed Session Report

Item 9. Closed Session

A. Conference with Legal Counsel – Anticipated Litigation

Initiation of litigation pursuant to Government Code Section 54956.9(c):

Five (5) potential cases

The Closed Session convened at approximately 4:00 p.m. with Directors Capurro, Imazio, Carroll, Dobler, Eiskamp and Miljanich. Staff in attendance were McNiesh, Contreras and Condotti. The Board reconvened into open session at approximately 5:00 p.m. No other members of the public were present. No action was reported.

  1. Adjourned at 5:00 p.m.

______

Linda Contreras, Secretarydate approved

2005\AgendaMinutes