Board of Directors
Monterey Peninsula Water Management District
July 18, 2005
The meeting was called to order at 7 PM in the Board Room of the Monterey Regional Water Pollution Control Agency.
Board members present:
Larry Foy, Chair – Division 5
Kristi Markey, Vice Chair – Division 3
Judi Lehman – Division 2
Michelle Knight – Division 4
David Pendergrass – Mayoral Representative
David Potter – Monterey County Board of Supervisors
Board members absent:
Alvin Edwards – Division 1
General Manager present: David A. Berger
District Counsel present: David C. Laredo
The Assembly recited the Pledge of Allegiance.
The following comments were received during Oral Communications. (1) John Fischer, resident of Pacific Grove, addressed the Board on agenda item 2. He spoke in support of the Memorandum of Understanding for Regional Water Management in the Greater Monterey Bay Area. (2) Susan Kipping, resident of Felton, urged the Board to support placement of a measure on the November 8, 2005 ballot regarding funding for an investigation into the cost of public ownership of the California-American Water (Cal Am) Distribution System. (3) Evan Jacobs, a Cal Am employee, stated that many Cal Am customers in Felton, California are satisfied with the service provided by the water company.
On a motion by Director Knight and second by Director Lehman, the Consent Calendar was approved on a vote of 6 – 0, except for items 2 and 3 that were pulled for separate consideration. Directors Foy, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Edwards was absent.
On a motion by Director Lehman and second by Director Markey, the Memorandum of Understanding was approved on a vote of 6 – 0. Directors Foy, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Edwards was absent.
Curtis Weeks, General Manager of the Monterey County Water Resources Agency addressed the Board on this item. He stated that the goal is to integrate plans developed by other resource management agencies under the umbrella of the IRWMP. He thanked General Manager Berger, District staff and the Pajaro Valley Water Management Agency for working cooperatively on this.
On a motion by Director Lehman and second by Director Potter, the Memorandum of Agreement was adopted on a vote of 5 – 1. Directors Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Foy was opposed. Director Edwards was absent.
Henrietta Stern, Project Manager, presented the report. A copy of the report is on file at the District office.
In response to a question from Director Knight, General Manager Berger stated that he met with Paul Townsley, President of Cal Am, and Steve Leonard, Vice President of the Coastal Division of Cal Am. Mr. Townsley expressed concerns about the agreement in relation to the proposed ballot measure on public ownership of Cal Am and the Seaside Basin adjudication process. He told Mr. Berger that he directed Cal Am negotiators to review the agreement and meet with District staff to discuss the issue.
Darby Fuerst, Senior Hydrologist, presented the report. He noted that between October 1, 2004 and July 17, 2005 Cal Am’s year to date production from the Carmel River was 391 acre-feet below the year-to-date goal, which is based on the State Water Resources Control Board (SWRCB) annual limit of 11,285 acre-feet. Cal Am production from the Seaside Groundwater Basin is 860 acre-feet below the target. Director Markey requested that in the future, the chart that accompanies these reports should also illustrate the Seaside Basin production and target.
District Counsel Laredo reported that he provided the Board with status reports on the six items of litigation listed on the agenda. There was no reportable action on those items. Regarding item 4, Conference with Labor Negotiators, Mr. Laredo reported that on a motion by Director Foy and second by Director Markey, the Board authorized negotiators to accept the side agreements that established a holiday furlough between Christmas Day and New Years Day. The furlough could save the District $29,700 in fiscal year 2006-2006. Directors Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the side agreements. Directors Potter and Edwards were absent.
Director Pendergrass invited the Directors to participate in a tour of the Orange County Factory 21 Purified Recycled Water Project on August 2 and 3, 2005. Another tour may be conducted in September 2005.
Chair Foy announced that Action Item 17 would be considered before the public hearing items. Minutes of this meeting list Board action in the order shown on the agenda.
Director Pendergrass proposed a motion to adopt the Negative Declaration for Ordinance No. 121 and approve the first reading of Ordinance No. 121. The motion was seconded by Director Knight and adopted on a vote of 4 – 2. Directors Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed.
The following comments were directed to the Board during the public hearing on this item. (1) Patricia Bernardi, representing Save Our Carmel River, expressed concern that the extension of time for retention of water use credits could result in a redevelopment project being delayed because there would be no incentive to move in a timely manner on construction of the project. (2) Robert Greenwood, representing the Carmel Valley Association, spoke in opposition to the proposal to extend the time limit on retention of water use credits. He stated that any water credit not assigned within 10 years should be cancelled in order to reduce over pumping of the water supply.
Director Knight made a motion to adopt the Negative Declaration for Ordinance No. 122, to adopt the second reading of Ordinance No. 122, and to adopt Resolution 2005-06 amending the Schedule of Fees. The motion was seconded by Director Lehman and approved unanimously on a vote of 6 – 0. Directors Foy, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Edwards was absent.
No comments from the public were directed to the Board during the public hearing on this item.
On a motion by Director Lehman and second by Director Knight, the first reading of Ordinance No. 123 was adopted unanimously on a vote of 6 – 0. Directors Foy, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Edwards was absent.
The following comments were directed to the Board during the public hearing on this item. (1) Patricia Bernardi asked how implemented of the user fee would be effected if Cal Am refused to sign the Memorandum of Agreement for participation with the Aquifer Storage and Recovery Project and the project did not move forward. (2) Robert Greenwood, representing the Carmel Valley Association, expressed support for Ordinance No. 123.
Director Potter proposed a motion that was seconded by Director Lehman to continue this item to a specific date. The motion was adopted on a vote of 4 – 2. Directors Knight, Lehman, Markey and Potter voted in favor of the motion. Directors Foy and Pendergrass were opposed. Director Edwards was absent.
Director Potter offered a motion to continue the meeting to Thursday, July 21, 2005 at 3 PM in the District office for consideration of this item only. If a quorum of the Board is not present or the Board determines that it is necessary, the meeting could be continued again to Friday, July 22 at 9 AM in the District office. The motion was seconded by Director Markey and approved on a vote of 4 – 2. Directors Knight, Lehman, Markey and Potter voted in favor of the motion. Directors Foy and Pendergrass were opposed. Director Edwards was absent.
During the public comment period on the item, the following comments were directed to the Board. (1) Robert Greenwood, representing the Carmel Valley Association, expressed support for the proposed ballot measure. He also requested that the impartial analysis of the measure include a reasonable estimate of the cost to conduct the study and the associated increase in the user fee. (2) Patricia Bernardi, a resident of Carmel Valley, spoke in support of changes to the language of the ballot measure proposed by District staff. (3) Paul Bruno, Chair of Water for Us, expressed opposition to the proposed ballot measure. He noted that the voters would be asked to make a decision for or against completion of a study without knowing the cost. (4) Steven Leonard, Vice President of Cal Am’s Coastal Division, advised the Board that Cal Am is strongly opposed to the proposed ballot measure. He suggested that the Board should review investigations done on condemnation of other water systems that was provided in a July 15, 2005 letter to the Board (on file at the District office). He urged the Board to work towards public ownership of a water supply project, instead of a water delivery system.
The Board did not discuss these items.
The meeting was adjourned at approximately 9:30 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of Special Meeting/Board Workshop of June 16, 2005 and June 20, 2005 Regular Meeting of the Board of Directors
2. Consider Approval of Memorandum of Understanding for Integrated Regional Water Management in the Greater Monterey Bay Area
3. Consider Approval of Memorandum of Agreement between the MPWMD and the Carmel River Steelhead Association
4. Consider Extension of United States Geological Survey Cooperative Agreement for Water Year 2006
5. Consider Authorization to Extend Vehicle Maintenance Agreement with the City of Monterey for Fiscal Year 2005-2006
6. Consider Contract Amendment with RAMLIT Associates for Computer Modeling Assistance (CVSIM)
7. Consider Contract Amendment with IDias Consulting for Water Distribution Systems Permitting Assistance
8. Consider Approval of Third Quarter Investment Report
9. Adopt Treasurer’s Report for the Month of May 2005
10. Water Supply Project Alternatives Update
11. Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
12. Report on 5:30 PM Closed Session of the Board
13. Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations
14. Consider First Reading of Ordinance No. 121 – Extend Time Limit on Retention of Water Use Credits for Redevelopment Projects
A. Consider Initial Study and Proposed Negative Declaration for Ordinance No. 121
B. Consider Approval of First Reading of Ordinance No. 121
15. Consider First Reading of Ordinance No. 122 – Revising MPWMD Rules and Regulations to Create Impact Based Permit System
A. Consider Initial Study/Proposed Negative Declaration for Ordinance No. 122
B. Consider First Reading of Ordinance No. 122
C. Consider Resolution 2005-06 to Amend Schedule of Fees
16. Consider First Reading of Ordinance No. 123 – Implementation of 1.2% User Fee Increase to Fund Completion of Phase 1 ASR Project
17. Consider Approval of Resolution No. 2005-07 Calling for a District-Wide Election Regarding Investigation of Public Acquisition of the California American Water Distribution System, Coastal Division, Monterey District
INFORMATIONAL ITEMS/STAFF REPORTS
18. Letters Received
19. Committee Reports
20. Strategic Planning Initiatives Progress Report
21. Carmel River Fishery Report
22. Water Conservation Program Report
23. Monthly Allocation Report
24. Monthly California American Water Company Production Report
25. Monthly Water Supply Status Report
26. Quarterly Water Supply Project Status Report
27. Quarterly Irrigation Program and Riparian Projects Report
28. Quarterly Carmel River Erosion Protection and Restoration Projects Report
29. Quarterly Water Use Credit Transfer Status Report
David A. Berger, Secretary to the Board