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Minutes 05/28/09 Meeting

 


 

REGULAR MEETING

OF THE BOARD OF DIRECTORS

OF THE MID-PENINSULA WATER DISTRICT

 

May 28, 2009

 

CALL TO ORDER:  The Board of Directors’ meeting of the Mid-Peninsula Water District was called to order by President Feldman at 6:30 p.m.

 

A.  ROLL CALL:
PRESENT:    
Directors Altscher, Feldman, Linvill, Vella, and Zucca. 

 

ALSO PRESENT:     General Manager Regan, General Counsel Cassman, Secretary Remeleh, and Engineer O’Flaherty.

 

STAFF PRESENT: Rick Bisio and Mike Anderson

 

MEMBERS OF PUBLIC:   

Susan Couden with Couden & Associates

 

PRESIDENT:  Present Feldman presiding. 

 

Whereupon the following proceedings were duly had:

 

B.  PLEDGE OF ALLEGIANCE: 

District employee Rick Bisio led the Pledge of Allegiance.

 

C. APPROVAL OF MINUTES:

The minutes of the Regular Board Meeting of March 26, 2009 and April 23, 2009 were unanimously approved on a motion by Vice President Vella and seconded by Director Linvill. Director Altscher abstained from the April 23, 2009 set of minutes as he was not in attendance.

 

D.  PUBLIC COMMENTS:

None.   

 

E.  BOARD/MANAGEMENT COMMUNICATION WORKSHOP:

Susan Couden discussed the verbiage in the Board/Management Guiding Principles and made a few minor changes. The Board also agreed to keep the title of the document the same. The Board also discussed the acknowledgement system for Board and Staff and the manner in which violations of the Guiding Principles should be handled. Possible ways of reminding the Board/Management of these Guiding Principles were also discussed. Concerns about Management Board communications were expressed. District Counsel Cassman reviewed the Brown Act rules on communication and serial meetings.  The purpose of the Brown Act is to ensure that District business is not discussed by a majority of the Board members outside of a publicly noticed Board Meeting. Board members asked clarifying questions and discussed how the Brown Act affects and restricts communication practices between and among Board members.

 

F.  BELMONT COUNTY WATER DISTRICT EMPLOYEE ASSOCIATIONS REPORT:

Employee Association President Rick Bisio reported that the employees have been incident free for the past month. He also reported the District employees have been having distribution training once a month. Director Altscher asked Rick about the timing for the negotiations with the Employees Association and when the Board would be receiving a letter in regards to these negotiations.  Rick stated the Association would be sending a letter to the Directors in early 2010 to start this process. 

There was also a discussion about scheduling the next Board/staff meeting.

 

 

G.  WATER CONSERVATION:

Secretary Remeleh reported that staff is putting together a school program to talk to teachers about what they would like to see the District do to involve the students in water education.

She also reported meetings with Belmont hotels will be set up to discuss ways to help the hotels conserve.

Director Linvill would like to see a more detailed report about the District’s rebate programs.

Other Board members inquired about the rebate programs.

 

H.  WATER SUPPLY CONTRACT WITH THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION:

General Counsel Cassman explained that the purpose of the agreement with SFPUC is to provide all of the members of BAWSCA including MPWD with a reliable supply of high quality water at a fair price. Each BAWSCA member has two contracts with SFPUC. One is the Master Contract, the Water Supply Agreement between all of the BAWSCA agencies and SFPUC. And the other contract is the Individual Water Sale Contract. Each BAWSCA agency has a separate agreement with SFPUC. The Master Agreement contains the provisions common to all of SFPUC’s wholesale customers. The major provision of the contract is that it is a 25 year term with the possibility of two five year extensions. One of the major objectives of the contract is to be sure that the District has a reliable supply of water. Another objective is to ensure SFPUC completes the renovation of the major system repairs and upgrades to the Hetch Hetchy System by 2015. The agreement also states that SFPUC will maintain the regional water system to utility standard, and will distribute water equitably in the event of a major system disruption. SFPUC will operate in a manner that water supply has priority over hydropower. BAWSCA agencies are able to transfer their entitlements. BAWSCA agencies can wheel water during droughts. The agreement further states that we will have high quality water and SFPUC will provide prompt notice if there are any potential or actual violations. The agreement also ensures that the BAWSCA agencies are paying a fair price for the water. SFPUC will also provide greater flexibility to prevent sharp rate fluctuations. The perpetual supply assurance will also continue meaning the BAWSCA agencies will be assured of receiving 184 million gallons of water a day. The contract requires SFPUC to use best efforts to identify and establish additional sources of dry year water supply. If SFPUC develops new supply to increase the supply assurance, they are required to do so jointly with BAWSCA. If SFPUC develops substitute supplies, they are required to inform and collaborate with BAWSCA and wholesale customers. The agreement specifies the proportionate share that the agencies will pay during the renovation.

BAWSCA agencies will be reviewing and hopefully will be taking favorable action on the Water Supply Agreements between now and July 1, 2009.

Director Altscher suggested that the District write a letter to General Manager and CEO of BAWSCA, Art Jensen, thanking him for his great leadership. He also suggested notifying the customers of this agreement and explaining the benefits of the agreement.       

Director Linvill is very impressed with what BAWSCA has done with this agreement.

Vice President Vella also commended BAWSCA on their efforts in this agreement.

On a motion by Vice President Vella seconded by Director Zucca, Resolution 2009-3 Adopting Findings for Purposes of the California Environmental Quality Act in Connection with Approval of a Water Supply Agreement with the City and County of San Francisco, Resolution 2009-4 Approving Water Supply Agreement with the City and County of San Francisco, and Resolution 2009-5 Approving Individual Water Sales Contract with the City and County of San Francisco were unanimously approved by a role call vote.

 

I.  CERTIFYING MPWD AS A GREEN BUSINESS:

Secretary Remeleh reported that the application has been received by the County and is being reviewed. The District is in the beginning stages of the process.

 

J.  2009-2010 BUDGET:

This item will be carried over to the next meeting after the public hearing in regards to the proposed rate increases.

 

K. NOVEMBER 3, 2009 ELECTION PROCESS:

The Board discussed the upcoming November election where 3 of the Board members seats will be on the ballot.  As part of this process the Board needs to decide if the District will pay for the candidate’s statement or if each Director will pay the associated cost.  The Board also needs to decide if statements will be 200 or 400 words.   

On a motion by Director Linvill seconded by Director Altscher, the Board unanimously approved that individuals will pay the fee for candidate’s statements and keep their statements at or below 200 words.

President Feldman requested that Secretary Remeleh prepare the Form 700’s for review by those members that may be filing for reelection.

 

L. RATES INCREASE PROCESS:

Director Altscher suggested that staff at the public hearing for the rate increase publicly present to the Board the reasons for the rate increases. He would like to see the Board not engage in conversation with members of the public, but rather listen to what they have to say, and then discuss, amongst the Board members, what the public has presented to them after the hearing has closed.

Secretary Remeleh reported that 16 protest letters have been submitted to the District.

 

M. BAWSCA REPORT:

Vice President Vella was not able to attend the BAWSCA meeting. He reviewed a few items from the agenda including a discussion of the terms of the members and the upcoming Hetch Hetchy Tour as well as the rate adjustment from SFPUC. There was also an update on the Water System Improvement Program and the Conservation Program.  

 

N. DIRECTORS’ REPORT:

Director Altscher reported that he attended the ACWA Conference along with three of his fellow Board members. He gave staff info on potential grants that might be available to the District for energy issues.  He thanked the District for sending him to the conference. 

Director Zucca reported he also attended the ACWA Conference but was sent and paid for by the Company he works for.  He also reported on a presentation he gave to a church group in San Mateo on the SFPUC’s Capital Improvement Project.

Director Linvill reported that she also attended the ACWA Conference and was impressed with how it was organized and the content.

Vice President Vella reported he too attended the ACWA Conference.  He also reported he attended the Belmont Heights Neighborhood Association meeting.  He stated there were representatives from the City of Belmont discussing the proposed sewer rate increase. 

President Feldman reported on his attendance at the ACWA Conference where he heard a very informative seminar on Other Post Employment Benefits.  

 

O. MANAGER’S REPORT:

Manager Regan reported that the Exbourne Tank Project has been sent out to bid and neighbors will be receiving letters to explain what the next steps will be.  The General Manger also reported that staff has met with Solar City to get information about installing solar panels on the District operations building. 

 

P. FINANCIAL REPORT:

On a motion by Director Altscher seconded by Vice President Vella, the Financial Report was unanimously approved.

 

Q. FUTURE NEW BUSINESS ITEMS-SUGGESTED BY BOARD MEMBERS:

2009-2010 Budget

 

R. COMMUNICATIONS:

The District received a communication from ACWA asking the District to write a letter regarding the Governor’s proposal to take away a portion of the District’s property taxes. ACWA is opposing this proposal and requesting the District’s support. The Board directed staff to move forward with writing the letter.  

 

S.  ADJOURNMENT:

President Feldman adjourned the meeting at 10:35 p.m.  The next regular meeting of the MPWD Board is scheduled for Thursday June 25, 2009, at 6:30 p.m. in the District’s administrative offices at 3 Dairy Lane, Belmont CA 94002.