Board of Directors
Monterey Peninsula Water Management District
The meeting was called to order at 7:00 PM in the Seaside City Council Chambers.
Board members present:
Kris Lindstrom, Chair – Division 4
Alexander Henson, Vice Chair – Division 5
Alvin Edwards – Division 1
Judi Lehman – Division 2
Molly Erickson – Division 3
David Pendergrass – Mayoral Representative
David Potter – Monterey County Board of Supervisors
Board members absent: None
District staff present:
Ernesto A. Avila – General Manager
Rick Dickhaut – Chief Financial Officer
Cynthia Schmidlin – Human Resources Specialist
Henrietta Stern – Project Manager
Darby Fuerst – Senior Hydrologist
Joe Oliver – Water Resources Manager
David Dettman – Senior Fisheries Biologist
Arlene Tavani – Executive Assistant
District Counsel present: David C. Laredo
The assembly recited the Pledge of Allegiance.
The following persons addressed the Board during the Oral Communications period. (1) Robert Zampatti, Carmel River Steelhead Association, asked if he should present comments on item 15, or wait until the Board considered the item. (2) David Dilworth, Helping Our Peninsula’s Environment (HOPE), announced that the United Nations Committee on Economic, Cultural and Social Rights released a statement declaring that water should not be treated as an economic commodity. He provided the Board with a summary of the statement and an article from the November 2002 issue of Mother Jones magazine regarding privatization of water distribution systems.
On a motion by Director Pendergrass and second by Director Edwards, the Consent Calendar was approved unanimously on a vote of 7 – 0.
Henrietta Stern, Project Manager, stated that the report would be presented to the Board on January 30, 2002. She suggested that a special Board workshop be scheduled to receive the Draft Carmel River Flow Threshold Report and the associated engineering study
General Manager Avila reported that he met with the general managers of the Marina Coast Water District, Monterey County Water Resources Agency and the Fort Ord Reuse Authority (FORA). The managers agreed that they should meet with the FORA Board of Directors on February 7, 2003 to educate them about the different responsibilities and functions of the agencies that have jurisdiction over the former Fort Ord area. Agency representatives will confer on development of the presentation prior to the February 7, 2003 meeting. On January 30, 2003 the MPWMD Board of Directors will have the opportunity to review and comment on the presentation.
District Counsel Laredo reported that on November 18, 2002, District staff and Counsel updated the Board on items listed on the agenda for that meeting, but no action was taken.
Chair Lindstrom reported that at the November 18, 2002, 5 PM Closed Session, the Board conducted the General Manager’s performance review. No action was taken.
Director Edwards asked for a status report on the Seaside Basin Test Injection Well Project. General Manager Avila reported that District staff was working to resolve issues raised by individuals that protested the District’s application to the State Water Resources Control Board (SWRCB) for a temporary urgency permit to withdraw water from the Carmel River for injection into the Seaside basin. The goal was to resolve the issues as quickly as possible so injection could begin early in 2003, if river flow conditions were adequate. Director Erickson stated that in 2003 she would like to see significant progress on two strategic planning initiatives: Revise the Water Permit Process, and Increase Innovative and Effective Conservation Practices.
On a motion by Director Henson and second by Director Edwards, the January through March 2003 Quarterly Water Supply Strategy and Budget was approved on a vote of 7 – 0.
During the public hearing on this item, David Dilworth, representing HOPE, requested that District staff provide a summary of actual production from each water source at the end of the October through December 2002 period.
On a motion by Director Henson and second by Director Erickson, the following staff recommendation was approved on a vote of 5 – 2: (1) adopt the second reading version of Ordinance No. 105; (2) issue a request for proposals for consultant services to help District staff reduce back-logged production limit assignments and assist with new applications; (3) adopt a funding plan for implementation of Ordinance No. 105; (4) proceed with an update of current MPWMD agreements regarding Fort Ord; and (5) revise the Implementation Guidelines for Regulation of Water Distribution Systems. Directors Erickson, Henson, Lehman, Lindstrom and Potter voted in favor of the motion. Directors Edwards and Pendergrass voted against the motion.
During the public hearing on this item, the following comments were directed to the Board. (1) Robert Greenwood, Carmel Valley Association, expressed support for adoption of the ordinance. (2) David Dilworth, HOPE, indicated support for the ordinance but stated that it should regulate “more territory.”
The Memorandum of Understanding was approved unanimously on a motion by Director Potter and second by Director Henson. No comments were directed to the Board during the public comment period on this item.
The Memorandum of Understanding was approved unanimously on a motion by Director Potter and second by Director Erickson.
During the public comment period on this item, Tim McCormick, representing Laborer’s International Union of North America (LIUNA), advised the Board that the health insurance plan offered by LIUNA represented a major cost savings to the District.
The Memorandum of Understanding was approved unanimously on a motion by Director Erickson and second by Director Henson.
During the public comment period on this item, David Dilworth asked that positions included in the Confidential Unit be identified. General Manager Avila noted that the positions are: Chief Financial Officer, Human Resources Analyst and Executive Assistant.
Director Henson made a motion that was seconded by Director Potter, to approve execution of a contract with List Engineering Company for preparation of a Sleepy Hollow Steelhead Rearing Facility retrofit project alternatives analysis for an amount not to exceed $125,000. The report should be completed by January 2003, and at that time the Board will be asked to consider selection of a final retrofit project alternative. The motion was approved unanimously on a vote of 7 – 0.
The following comments were directed to the Board during the public comment period on this item. (1) Robert Greenwood suggested that it might be possible to operate the project efficiently with a small stilling basin. (2) Roy Thomas, Carmel River Steelhead Association (CRSA), suggested that the cost for this project might be reduced through cooperation with California-American Water Company (Cal-Am). (3) Robert Zampatti, CRSA, urged the Board to approve the project proposed by District staff. (4) David Dilworth expressed concerns about the high cost of the proposed project. He stated that the information presented did not include important details. Mr. Dilworth urged the Board to undertake a review of the eight design concepts that were mentioned in David Dettman’s oral presentation. (5) Clive Sanders, CRSA, urged the Board to approve the staff recommendation in order to solve the existing problems at the rearing facility.
The meeting was adjourned at 8:50 PM and reconvened at 9 PM.
On a motion by Director Henson and second by Director Erickson, the Board authorized the General Manager to execute a contract with Jones & Stokes Associates for an amount not to exceed $153,339. The motion was approved on a vote of 5 – 2. Directors Erickson, Henson, Lehman, Lindstrom and Potter voted in favor of the motion. Directors Edwards and Pendergrass voted in opposition to the motion. No comments were directed to the Board during the public comment period on this item.
Director Henson requested that this item be tabled. He suggested that District staff gather information on the purchase price of other water companies that have been sold, in order to determine a preliminary estimate of the cost to purchase California-American Water Company, Monterey Division, facilities. The Board took no further action on this item.
David Dilworth addressed the Board during the public comment period on this item. He referred to sections of the October 21, 1999 issue of the Coast Weekly newspaper that discussed Cal-Am and he submitted a copy for Board review.
On a motion by Director Erickson and second by Director Potter, the Board unanimously elected Director Henson to assume the position of Chair.
On a motion by Director Henson and second by Director Potter, the Board unanimously elected Director Lehman to the position of Vice Chair.
On a motion by Director Erickson and second by Director Henson, the Board unanimously elected Rick Dickhaut to the position of Treasurer.
On a motion by Director Erickson and second by Director Potter, the Board unanimously elected Ernesto A. Avila to the position of Secretary.
No comments were directed to the Board during the public comment period on this item.
There was no discussion by the Board regarding these items.
The Board did not meet in closed session.
The meeting was adjourned at 9:25 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Approval of Minutes from the November 14, 2002 Strategic Planning Session and the Regular Board Meeting of November 18, 2002
2. Receive Draft Report on 2002 Injection Testing Program and Authorize Funds for 2003 Injection Testing Program
3. Receive Final Phase III Report on Laguna Seca Subarea
4. Consider Adoption of Treasurer’s Report for October 2002
GENERAL MANAGERS REPORT
5. Update on Carmel River Flow Threshold Report
6. Fort Ord Reuse Authority Water Summit Proposal – February 2003
7. Report on Closed Session of November 18, 2002, 10 PM Session
8. Report from Chair Lindstrom on Closed Session of November 18, 2002, 5 PM Session
9. Board Comments and Referrals
10. Consider Adoption of January through March 2003 Quarterly Water Supply Strategy and Budget
11. Consider Second Reading of Ordinance No. 105 – Amending Rules and Regulations Governing Water Distribution Systems
12. Consider Adoption of a Resolution Implementing a Memorandum of Understanding Between the Monterey Peninsula Water Management District and the General Staff Bargaining Unit
13. Consider Adoption of a Resolution Implementing a Memorandum of Understanding Between the Monterey Peninsula Water Management District and the Management Staff Bargaining Unit
14. Consider Adoption of a Memorandum of Understanding Between the Monterey Peninsula Water Management District and the Confidential Staff Bargaining Unit
15. Receive Report on Sleepy Hollow Steelhead Rearing Facility and Authorize Implementation of Sediment Mitigation Project
16. Authorize Contract with Jones & Stokes for Technical Assistance to Facilitate Public Outreach and Environmental Review for Interim Ordinances Regarding Seaside Ground Water Basin Management
17. Receive an Update on the Purchase of the Monterey Division of the California-American Water Company
18. Consider Nominations for Board Chair and Vice-Chair for 2003 and Conduct Elections for Board Officers
INFORMATIONAL ITEMS/STAFF REPORTS
19. Letters Received
20. Committee Reports
21. Strategic Planning Initiatives Progress Report
22. Monthly Water Supply Project Progress Report
23. Carmel River Fishery Report
24. Water Conservation program Report
25. Water Use Credit Transfer Status Report
26. Monthly Allocation Report
27. Monthly Cal-Am Sales Report
28. Monthly Cal-Am Production Report
29. Production Report – CAWD/PBCSD Wastewater Reclamation Project
30. Monthly Water Supply Status Report
31. Report on First Quarter Financial Activity
32. Report on District Newsletter Email
ADJOURN TO CLOSED SESSION
33. Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation Exists Pursuant to Subdivision (b) (3) (D) of Gov. Code Section 54956.9 (One Case)
34. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9)
A. California-American Water Company Application 02-04-022 to the Public Utilities Commission for Authority to Increase Rates for Service for 2003, 2004 and 2005
B. Monterey Peninsula Water Management District Petition Requesting Changes to SWRCB Water Rights Permit Nos. 7130B and 20808 - Monterey Peninsula Water Management District
C. Monterey Peninsula Water Management District Application to SWRCB for Temporary Permit – Application No. 31359T
D. Mary Currier, Chris Currier and Roy and Jeanell Kaminske v MPWMD, Case No. M59299, Monterey County Superior Court
E. Cities of Seaside, Carmel, Del Rey Oaks, Monterey, Pacific Grove and Sand City v MPWMD, Case No. M59441, Monterey County Superior Court
Ernesto A. Avila,
Secretary to the Board
A. Tavani, 10/2/03, Board Meeting Minutes, 6 pages