1.

Call to Order:

President Moore called the meeting to order at 7:00 P. M. on January 26, 2000.

2.

Roll Call:

Board Members Present:

Gilbert Bibber

Marion Bryson

Emmette Randle, Jr.

David Brown

Tom Moore

Board Members Absent:

None.

Staff Members Present:

Mike Armstrong, General Manager

Leo Laska, Fort Ord Projects Director

Connie Chavoya, Administrative Officer

Dave Meza, District Engineer

Rich Youngblood, Conservation Manager

Evelina Adlawan, Technical Services Manager

Suresh Prasad, Accounting Supervisor

Jim Dowless, O & M Superintendent

James Ballagh, Assistant O & M Superintendent

Lloyd Lowrey, Legal Counsel

Paula Carina, Board Clerk

Audience:

Dan Bellem

Danielle Heifetz

Marcela Ospina

3.

Questions from the Public on any item not on the Agenda:

None.

President Moore requested to move Agenda item 11 (Adopt Resolution No. 2000-03/Appreciation of Leo M. Laska) to the beginning of the meeting.

11.

Adopt Resolution No. 2000-03/Appreciation of Leo M. Laska:

President Moore read the Resolution aloud and commended Mr. Laska for his dedication and service as the General Manager, and wished him well with his continued service in his new position with the District. On motion by President Moore, seconded by Director Randle; the Board approved Resolution No. 2000-03/Appreciation of Leo M. Laska. The motion was carried unanimously (5 Ayes-0 Noes-0 Absent).

4.

Consent Agenda:

Director Randle requested to pull item 4B (Approval of Bills) from the Consent Agenda. On motion by Vice President Bryson, seconded by Director Bibber; the Board approved the Consent Agenda, consisting of items 4A (minutes of December 15, 1999), and 4C (Receive Quarterly Financials/October-November-December).

Director Brown-Yes Vice-President Bryson-Yes

Director Bibber-Yes Director Randle-Yes

President Moore-Yes

The motion was carried unanimously.

4-B

Approval of Bills:

Director Randle questioned several bills. He asked for clarification on those bills to verify that they were not duplicates. Director Randle was also concerned about the charges from Carlon’s, from which the District receives first aid supplies. President Moore suggested that a list of first aid items that Carlon’s is required to provide, and items that have been refilled or replaced recently, should be reviewed at the Operations & Maintenance Committee meeting in February, possibly to be brought to the February Board meeting.

Director Randle inquired into billing for the maintenance repairs at the Beach Office. He suggested that repairs to the handle on the window in the accounting office should be completed soon and to follow-up on new leaks.

On motion by Vice President Bryson, seconded by Director Brown; the Board approved the expenditures totaling $478,310.69.

Director Brown-Yes Vice-President Bryson-Yes

Director Bibber-Yes Director Randle-Yes

President Moore-Yes

Motion carried unanimously.

5.

Appeal of High Water Bill for 238 Fitzgerald Circle:

After discussion, it was decided that the customer’s November 1999 water bill should be $18.86, the average of the past 17 months, plus a $5.15 sewer charge and appropriate tax.

On motion by Director Brown, seconded by Vice President Bryson; the Board approved lowering Ms. Heifetz’s water bill to $18.86 plus sewer charge and tax.

Director Brown-Yes Vice-President Bryson-Yes

Director Bibber-Yes Director Randle-Yes

President Moore-Yes

The motion was carried unanimously.

6.

Appeal of High Water Bill for 3026 Ellen Court:

After discussion, it was decided that the customer’s December 1999 water bill should be $21.07 , the average if the past 17 months, plus a $5.15 sewer charge and appropriate tax:

On motion by Vice President Bryson, seconded by Director Brown; the Board approved lowering Ms. Ospina’s water bill to $18.86 plus sewer charge and tax.

Director Brown-Yes Vice-President Bryson-Yes

Director Bibber-Yes Director Randle-Yes

President Moore-Yes

The motion was carried unanimously.

7.

Election of President and Vice President of the Board:

President Moore asked Mr. Lowrey to briefly review the process the District follows to elect officers. President Moore then opened the floor for nominations for President.

Director Randle nominated Vice President Bryson for President. No other nominations were forthcoming so President Moore closed the nominations. With a vote of 4 Ayes - 0 Noes – 1 Abstained; Director Bryson is elected President and assumes his new position.

President Bryson then opened the floor for nominations for Vice President. Director Randle nominated Director Bibber for Vice President. President Bryson first wanted to question Directors Bibber and Brown if they plan to run for re-election for the Board when their term expires in November 2000. They both stated that they did plan to run for re-election. Director Moore then nominated Director Brown for Vice President. Director Brown declined the nomination. President Bryson closed the nominations. With a vote of 4 Ayes – 0 Noes – 1 Abstained; Director Bibber is elected Vice President.

Mr. Lowrey stated that at the next Board meeting, President Bryson would need to make selections for Board committees.

8.

Approve Newsletter:

Mr. Youngblood presented the newsletter to the Board. Director Moore suggested that the caption under the picture should read "MCWD Board Vice President Bryson". Director Randle stated that he would like to see more participation from the public at Board meetings and was told that the meeting schedules are in the newsletter. He also requested that the next newsletter update the warm water issue again, as the public still has questions regarding this issue. Directors commended staff on the draft newsletter.

Mr. Lowrey stated that he would check on the FPPC requirements with respect to the picture that includes two Board members with Congressman Farr. Mr. Youngblood added that it would be nice to have a picture of each of the Board members on the website. Mr. Lowrey again stated that he would check the regulations and that he did not think there were prohibitions on websites.

On motion by Director Moore, seconded by Vice President Bibber; the Board approves the newsletter on two conditions; 1) changes are made to the caption under the picture, and; 2) that it meets FPPC requirements. Motion passed unanimously (5 Ayes – 0 Noes – 0 Abstained).

9.

Authorize Resolution No. 2000-01/Approve Application & Authorize approval of EDA Grant Award Phase II:

Mr. Meza provided background on the EDA grant and how the District was approached and encouraged by EDA to seek additional funding.

On motion by Director Moore, seconded by Vice President Bibber; the Board adopts Resolution No. 2000-01 to approve the EDA Planning Grant.

President Bryson questioned if the other cities that are benefiting from this project, i.e. Monterey, Seaside, and Del Rey Oaks, will be asked to reimburse the District, after the project is completed. Mr. Meza stated that they have not been approached to assist with our local share.

Director Moore advised that future project cost share would depend on who the owner/operator of the project would be. Mr. Laska stated that the local share does not have to be all cash, but can include in-kind service.

Director Brown-Yes Vice-President Bibber -Yes

Director Randle-Yes Director Moore-Yes

President Bryson-Yes

The motion was carried unanimously.

10.

Approve Resolution No. 2000-02/Pavia Construction & Transfer of Infrastructure Agreement:

Mr. Meza introduced this item and provided overhead pictures of the sub-division. Discussion followed. Director Moore requested that several items be added to the contract with Trans Century Properties. They are:

1. A penalty clause added that makes the developer responsible for insuring that his contractors do not steal water, and, if they are caught stealing water, the developer would agree to pay $1000.00 per day plus the cost of the water.
2. The developer agrees to adhere to the landscape guidelines.
3. The landscape areas are to be plumbed for recycled water with separate meters.
4. Developer agrees to pay District costs for recycled water when, and if, at such time it is provided, even if those costs are more than potable water costs. In addition the developer agrees to put a clause in the deeds when he sells the property; a restriction that imposes this condition on future owners.

Mr. Lowrey stated that he would like to look at the current guidelines and regulations to see if items C and D are allowable.

President Bryson questioned Article 13 of the Construction and Transfer of Water Infrastructure Agreement. He feels that the Article as it stands now, allows the developer to use water for construction purposes without having to pay for it. Mr. Lowrey suggested changing the language if it looks like people might be mislead by the wording. President Bryson then stated that he did not see anywhere in the contract, that Board approval is needed before the developers begin digging trenches. President Bryson directed staff to review Article 13 and Director Moore’s recommended additions, and then bring the Resolution back to the February 23, 2000 Board meeting for a final vote.

12.

Schedule Goals and Objectives Workshop:

The Directors reviewed the dates staff recommended for the workshop and decided on February 24, 2000 at the Marina Comfort Inn, to run from approximately 8:30 A. M. until 4:00 P. M.

On motion by Director Moore, seconded by Director Randle; the Board scheduled February 24, 2000 beginning at 8:30 A. M. as the Goals and Objectives Workshop for the year 2000. Motion carried unanimously (5 Ayes-0 Noes-0 Absent).

13.

Manager’s Report:

A.

Goals and Objectives:

The changes to the Goals and Objectives were reviewed.

14.

Staff

Comments:

None.

15.

Committee Reports:

A.

Water Conservation Commission:

Minutes of the January 13, 2000 meeting were included in the Board packet. Mr. Bellem expressed his appreciation to Mr. Leo Laska for his work and all he has given to the District. He also stated that the Commission is looking forward to working with Mike Armstrong and extended an invitation to Mr. Armstrong to join the February 10, 2000 meeting and meet all the members.

B.

Operations & Maintenance Committee:

Minutes of the January 12, 2000 meeting were included in the Board packet. Vice President Bibber briefly reviewed the discussion on the safety/wellness issue.

C.

Budget & Personnel Committee:

Minutes of the January 13, 2000 meeting were included in the Board packet. No further discussion followed.

D.

Joint City/District Committee:

Minutes of the January 5, 2000 meeting were included in the Board packet. No further discussion followed.

E.

Community Relations Committee:

No meeting held.

F.

Fort Ord Committee:

Minutes of the January 12, 2000 meeting were included in the Board packet. Vice President Bibber invited Mr. Laska to update the Board on the MOA for the Economic Development Conveyance. Mr. Laska shared that the Army is beginning to focus on a turnover date on or about April 1, 2000. He feels that this may be a little soon, as the paperwork has barely begun and the process is out of our hands. Mr. Laska believes that the turnover date may be closer to June or July.

G.

MRWPCA

President Bryson stated that he was not notified of the last MRWPCA Budget & Personnel and Storage Committee meetings until the day after they occurred. He also shared his ideas on surface vs. aquifer storage and recycled water information. Mr. Armstrong questioned if the subject of recycled water is discussed on a recurring basis at any Committee meetings other than Joint City/District. Director Moore stated that occasionally it was discussed in Budget & Personnel. Mr. Armstrong said that he would work with the Board President to structure a discussion about recycled water projects in the near future.

H.

LAFCO

Mr. Lowrey stated that he contacted LAFCO and asked them to send Director Brown the material. Director Moore stated that he received a letter in the name of Dr. Tim Moore. Mr. Armstrong stated that Jim Colangelo, the staff representative to LAFCO, informed that there has been no activity in the last few months.

I.

JPIA

Director Randle announced that there is a meeting on March 21 & 22 in Sacramento that he would like to attend. Arrangements will be made in that matter.

Director Moore was authorized by President Bryson to request a staff report from legal counsel on the current status of the Orradre litigation.

Staff Reports:

Mr. Lowrey stated that he has been selected as one of the urban representatives to the negotiation process to try to resolve the assessment questions for the Salinas Valley water assessments (Zones 2, 2A) in the Orradre litigation settlement process. There was some question on sharing costs with the City and FORA as they are involved as well. Mr. Lowrey informed the Board that there would be another meeting on Monday, January 31, 2000. A single hydrologist, Joe Scalmanini, is shared by the urban group along with three other groups, with his cost to be distributed by the number of connections or services or customers from each group. Mr. Lowrey suggested that the District discuss the possible costs at the next Budget & Personnel Committee.

16.

Board Comments:

Director Brown: None.

Director Randle: Director Randle suggested making the front entrance of the Beach office a little more presentable by planting some drought resistant plants and cleaning it up a bit. He also questioned the safety of the yard and the possibility of yard security. President Bryson requested of Mr. Armstrong to look into the safety aspects and bring it back to the February 23, 2000 meeting.

President Bryson: None.

.

Director Moore: Director Moore suggested keeping a binder of complimentary letters for the public to view. He also inquired into purchasing land along the Salinas River for a potential reservoir.

Vice President Bibber: Vice President Bibber added to Director Moore’s comments on purchasing land along the Salinas River, and the fact that there is some Fort Ord land that the river passes through. Mr. Laska stated that he is unsure what the rights will be after PBC.

President Bryson closed open session at 9:10 P. M.

17.

Closed Session: Pursuant to Government Code Section 54956.8

Negotiating Parties: King Ventures

18.

Closed Session: Pursuant to Government Code Section

54956.95

Claimant: Roberto Sabillo

Returned to open Session at 9:49 P.M. with no action taken on closed session item number 17 (Conference with Real Property Negotiator); and, on closed session item 18 (Conference with Legal Counsel-Liability Claim), the Board voted 5-0 to deny the claim of Bobby Sabillo.

19.

Adjournment:

Meeting was adjourned at 9:50 P. M.

Next Meeting:

Date/Time: Wednesday, February 23, 2000, 7:00 P.M.

Location: 11 Reservation Road, Marina, CA