PVWMA Board of Directors Meeting Minutes February 16, 2005

Page 4

Board of Directors Meeting February 16, 2005, 7:00 p.m.

City Council Chambers 250 Main Street, Watsonville, CA

BUSINESS MEETING MINUTES

1.  Call to Order, Roll Call of the PVWMA Directors, and Pledge of Allegiance: The Regular Board

meeting of Pajaro Valley Water Management Agency was called to order in the City Council Chambers, 250 Main Street, Watsonville, CA, at 7:05 p.m. by Chair Capurro.

Board Members Present: Capurro, Carroll, Eiskamp, Imazio (7:10 p.m.), Miljanich

Board Members Absent: Dobler, Gallino

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

Linda Contreras, Administrative Division Manager (ADM)

Mary Bannister, Technical Division Manager (TDM)

Dave McCabe, Special Assistant to GM

Fred Miles, Engineer

Nye Marnach, Water Program Coordinator (WPC)

Berta Rodriguez, Administrative Analyst (AA)

Others Present: Anthony Condotti, Counsel

Steve Clary, RMC

2.  Oral Communications: None.

3.  Director Comments. Director Miljanich reported on his January 21, 2005 meeting with Assemblyman John Laird.

4.  Consent Agenda

1  A. Approve Minutes of January 19, 2005, Board Meeting

2  B. Approve Minutes of February 2, 2005, Board Meeting

D.  Approve Disbursement Ledger for January 2005

E.  Approve Investment Statements for January 2005

F.  Approve BMP Progress Report for January 2005

¨Motion by Director Eiskamp to approve the consent agenda. Motion carried by the following roll call vote:

AYES: Capurro, Carroll, Eiskamp, Miljanich
NOES: None
ABSENT: Dobler, Gallino, Imazio

ABSTAIN: None

5.  Discussion and/or Action Items

A.  Consider approval of Resolution 2005-01, Expressing Appreciation to Ray AmRhein for Longtime Activity and Interest in Pajaro Valley Water Issues. The GM stated that Resolution 2005-01 acknowledges the long career and accomplishments of Ray AmRhein. His son, Tom AmRhein, and grandsons represented Mr. AmRhein. Tom AmRhein thanked the Board for honoring his father and then read a letter about his father into the record. Exercising a personal privilege, Director Imazio read Resolution 2005-01into the record. Thereafter, the following action was taken:

¨Motion by Director Imazio to approve Resolution 2005-01 as presented. Motion carried by the following roll call vote:

AYES: Capurro, Carroll, Eiskamp, Imazio, Miljanich
NOES: None
ABSENT: Dobler, Gallino

ABSTAIN: None

B.  Consider approval of Resolution 2005-02, Adopting Addendum to PVWMA Local Water Supply and Distribution EIR. The GM provided historical context, and stated that this minor change to the EIR would not trigger any significant action; however, any changes requires Board approval. Thereafter, the following action was taken:

¨Motion by Director Imazio to approve Resolution 2005-02 as presented. Motion carried by the following roll call vote:

AYES: Capurro, Carroll, Eiskamp, Imazio, Miljanich
NOES: None
ABSENT: Dobler, Gallino

ABSTAIN: None

Resolution 2005-02, Adopting Addendum to PVWMA Local Water Supply and Distribution EIR 32-49

C.  Consider approval of contract amendment with Environmental Sciences Associates (ESA) for an additional cost not to exceed $90,000. GM explained that the purpose of this amendment was to expand ESA’s services to include modifications related to pipeline alignment changes and to prepare responses to final permit applications, as needed. The GM noted that the amendment also included cultural resources services that would be performed by Pacific Legacy under ESA’s direction. These services would become necessary only if the pipeline were to cross Murphy’s Crossing. Director Miljanich noted that this item had been reviewed and approved by the Administrative/Finance Committee. After discussion, the following action was taken:

¨Motion by Director Miljanich to approve the contract amendment with ESA as presented. Motion carried by the following roll call vote:

AYES: Capurro, Carroll, Imazio, Miljanich
NOES: None
ABSENT: Dobler, Gallino

ABSTAIN: Eiskamp

D.  Consider approval of contract with Alex Hulanicki for public information consulting services for twelve months at a cost not to exceed $30,000. The GM stated that this new contract related to an energized public outreach program. Director Eiskamp noted that this item had been discussed and approved by the SPPO Committee. After discussion, the following action was taken:

¨Motion by Director Imazio to approve the contract with Alex Hulanicki as presented. Motion carried by the following roll call vote:

AYES: Capurro, Carroll, Eiskamp, Imazio, Miljanich
NOES: None
ABSENT: Dobler, Gallino

ABSTAIN: None

E.  Consider approval of a one-year with NOBEL Systems, Inc. for development and hosting of an enterprise-wide Geographic Information System at a cost not to exceed $70,000. The TDM, the Engineer and the ADM each provided details about this proposed Agency-wide GIS system. They explained how it would incorporate diverse administrative and technical data now stored in different databases throughout the Agency into one enhanced system that would generate data needed by Staff in both the administrative and technical divisions. They responded to Director questions. Director Miljanich noted that this proposed new contract had been reviewed and approved by the Administrative/Finance Committee. Director Eiskamp stated that he thought this would be a good management tool. After discussion, the following action was taken:

¨Motion by Director Eiskamp to approve the NOBEL Systems, Inc. contract as presented. Motion carried by the following roll call vote:

AYES: Capurro, Carroll, Eiskamp, Imazio, Miljanich
NOES: None
ABSENT: Dobler, Gallino

ABSTAIN: None

6.  Reports/Informational Presentations

A.  Counsel Reports

1.  Litigation update. Counsel reported as follows with regard to the five pending litigation matters: (a) McGrath: this litigation has been fully briefed in the Court of Appeals, and the parties are awaiting the Court of Appeals to calendar oral arguments; (b) Scurich: stayed; (c) Validation Action: the record of appeal has been certified; (d) Griffith: the Agency’s answer to the complaint is scheduled to be filed later in the week; and, (5) Reverse Validation Action: the Agency’s answer to the complaint is due in two weeks.

B. Board Committee Reports. Director Eiskamp noted that the last two Projects Committee meetings had failed to reach a quorum. He therefore volunteered to act as an alternative Director at meetings when a second Director is needed so that official business may be conducted. Discussion followed regarding how this could be implemented under the Brown Act. Counsel will advise. Director Eiskamp then reported that the SPPO Committee had reviewed the upcoming newsletter and the new public outreach contract. The GM commented that Director Dobler was attending the ACWA National Conference in D.C on behalf of the Agency.

C. Staff Reports

1.  Project operations report. Harkins Slough: The Engineer reported that as of that morning, the Agency has diverted in excess of 200 acre-foot of water from Harkins Slough into the recharge basin, and that the permit allowed up to 800 acre-foot per year.

2. BMP implementation report. The GM reported that the California Coastal Commission would meet the following week to hear the Agency’s application for a federal consistency certification. The GM then briefly reviewed the status of the permitting process.

3. Water conservation report. The WPC reported that the Agency expects to learn this summer whether the U.S. Bureau of Reclamation will select the grant application it filed in conjunction with Soquel Creek Water District for a non-agricultural water demonstration project. The WPC then updated the Board on the status of the website re-design and briefly summarized her activities on two local advisory boards dealing with mobile lab and landscaping, respectively, as well as her efforts on a potential rebate program.

7.  Written Communication/Correspondence. The GM highlighted Don Cooley’s January 27th letter regarding the formation of Zone 7A District.

8.  Future Meetings and Agenda Items. It was agreed to circulate alternate dates for the next SPPO Committee meeting.

A.  Water Quality & Operations Committee – February 18, 2 pm, Watsonville WTP

B.  Strategic Planning/Public Outreach Committee – TBA, PVWMA Conference Room

C.  Board Meeting- March 2, 2005, 1:30 pm, Watsonville Council Chambers

D.  Administrative/Finance Committee – March 9, 2005, 1:45 pm, PVWMA Conference Room

E.  Projects Committee – March 16, 2005, 3 pm, PVWMA Conference Room

F.  Board Meeting – March 16, 2005, 7 pm, Watsonville Council Chambers

9.  Closed Session

A. Conference with Legal Counsel – Anticipated Litigation

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

One (1) potential case

2. Significant exposure to litigation pursuant to Government Code Section 54956.9(b):

One (1) potential case

10. Return to Open Session for Closed Session Report

Item 9.

The Closed Session convened at the conclusion of the open portion of the meeting Directors Capurro, Imazio, Eiskamp and Miljanich present. Staff in attendance were McNiesh and Condotti.

A. Conference with Legal Counsel – Anticipated Litigation

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

One (1) potential case

Pulled from the agenda.

2. Significant exposure to litigation pursuant to Government Code Section 54956.9(b):

One (1) potential case

The Board received a report from legal counsel. The meeting adjourned at approximately 8:35 p.m. with no members of the public present. No action was reported.

10.  Adjourned at 8:35 p.m.

______

Linda Contreras, Secretary date approved

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