Board of Directors
Monterey Peninsula Water Management District
October 17, 2005
The meeting was called to order at 7 PM in the Boardroom of the Monterey Regional Water Pollution Control Agency.
Board members present:
Larry Foy, Chair – Division 5
Kristi Markey, Vice Chair – Division 3
Alvin Edwards – Division 1
Judi Lehman – Division 2
Michelle Knight – Division 4
David Pendergrass – Mayoral Representative
General Manager present: David A. Berger
District Counsel present: David C. Laredo
The assembly recited the Pledge of Allegiance.
following comments were received during Oral Communications. (1) Roy Thomas, President of the Carmel
River Steelhead Association, urged the Board to work with the Carmel Area
Wastewater District on a proposal to improve water levels at the Carmel River
Lagoon by distributing treated wastewater into the Lagoon. (2) Paul Bruno, a resident of
On a motion by Director Pendergrass and second by Director Potter, the Consent Calendar was approved unanimously, except for Item 3 that was pulled for separate consideration.
On a motion by Director Edwards and second of Director Knight, the report on Fourth Quarter Financial Activity for Fiscal Year 2004-05 was received unanimously.
Foy and General Manager Berger acknowledged several District staff members
present that evening for their service to the District. Five years of service:
summary of Henrietta Stern’s presentation is on file at the District
office. In response to questions from
Board Chair Foy announced that Action Item 12 had been continued to the November 21, 2005 Board meeting. Laborer’s International Union of North American Local 270 agreed to the continuance.
General Manager Berger reviewed the outline with the Board of Directors. Director Knight requested that an additional bullet be added to the presentation that summarizes the amount of conservation savings achieved by water users in the District since SWRCB Order 95-10 was adopted.
District Counsel Laredo reported that the Board reviewed the status of six pending matters of litigation listed on the meeting agenda, but no action was taken. Regarding the Conference with Labor Negotiators, item 4, District staff provided options to the bargaining team. The Board directed that the item be continued until November 21 so that negotiations could proceed in the labor dispute. Mr. Laredo reported that the General Manager’s performance evaluation will either be conducted after the Board meeting that evening, or continued to a future meeting date. In response to a question from the Board, District Counsel Laredo reported that he did receive a fax from Timothy Morgan posing questions about Measure W. Mr. Laredo called Mr. Morgan’s office but was unable to reach him. A lawsuit was filed against the District by the MPTA before he could speak with Mr. Morgan. Mr. Laredo noted that he will not respond to the letter from Mr. Morgan since Measure W is now a litigated issue. He stated that a majority vote is sufficient for enactment of the user fee increase proposed by Measure W.
Directors Foy and Potter announced that they attended a
Director Knight proposed a motion to approve the staff recommendation and find that special circumstances exist for the proposed self-storage facility and that the appropriate water use factor is 0.0008 AFA/storage unit. In addition, water use at the site will be reported by the property owner and monitored for a period of ten years. Director Edwards seconded the motion and it was approved on a vote of 6 – 1. Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was opposed.
The following comments were received during the public hearing on this item. (1) Anthony Lombardo, representing the applicant, stated that his client agreed with the staff recommendation. However, he believes actual on-site water use will be less than estimated by District staff. Mr. Lombardo advised the Board that there would be no washing of cars or boats at the facility. Outside storage will not be allowed at the facility. Mr. Lombardo gave his consent to the proposal that water use on the site be monitored for a period of ten years. (2) Roy Kaminski stated that over a 22-year period water use at a commercial property he owns has been lower than was projected by District staff when the project was permitted. Mr. Kaminski stated that water use on the applicant’s project will likely be lower than projected by District staff. (3) Paul Bruno recommended that the Board approve the staff recommendation and find that special circumstances exist. He noted that water use on a commercial project he built is less than was anticipated. (4) Robert Greenwood, representing the Carmel Valley Association, requested that the project be constructed in phases. The District could monitor the water use for Phase 1. If the water use is equal to 0.0008 per unit, the second phase could be constructed.
Continued to the November 21, 2005 Board meeting.
Motion #1 -- Director Foy proposed a motion that was seconded by Director Markey to adopt the 2005-2006 MPWMD Strategic Plan with the following changes: (1) amend the title of item WS6 to read “Create Board Water Supply Committee and Charge,” and (2) amend the title of item WD2 to read “Improve Communication with…” The motions was approved on a vote of 6 – 1. Directors Edwards, Foy, Knight, Lehman, Markey and Potter voted in favor of the motion. Director Pendergrass was opposed.
The vote on Motion #1 was taken after consideration of Motion #2.
Motion #2 -- Director Pendergrass proposed an amended motion to approve the strategic plan but delete item WR2, Assess Updating MPWMD Water Allocation Program EIR. Director Knight seconded the motion. The motion failed on a vote of 3 – 4. Directors Pendergrass, Foy and Knight voted in favor of the motion. Directors Edwards, Lehman, Markey and Potter were opposed.
During the public comment period on this item John
Fischer, a resident of
General Manager Berger’s presentation to the Board is on file at the District office. Curtis Weeks, General Manager of the Monterey County Water Resources Agency (MCWRA), also addressed the Board. The MCWRA, under Mr. Week’s direction, is leading the RUWS planning effort. His comments are shown below. The Board took no action on this item. However Chair Foy announced that judging from the Directors comments during the discussion, there was consensus on the Board that General Manager Berger should continue his participation in the RUWS board planning process.
The following comments were received during the public
comment period on this item. (1)
Curtis Weeks, General Manager of the Monterey County Water Resources
Agency, stated that a draft agreement is being developed regarding formation
of the water supply strategic planning entity (RUWS board); however, the
draft agreement cannot be brought forward for approval until he has discussed
it with all the cities and received their commitment to participate. The agencies must commit to a plan for
funding the RUWS board planning efforts.
He hopes to receive input from the cities and bring a draft agreement
forward to the Board of Supervisors by November 2005. According to Mr. Weeks, the RUWS board will
be charged to work together on project planning for a three-year period. He expects that voting by that board would
be by the proportional method.
However, it will be up to the managers working group to make that
decision. He noted that some of the
proposed members of the RUWS board such as representatives of Monterey
Regional Water Pollution Control Agency, do also represent
jurisdictions. According to Mr.
Weeks, those representatives have different interests to consider in both
roles, so there would be no danger of double representation on the RUWS board. He envisions the establishment of a public
advisory group by December 2005. Mr.
Weeks stated that his intent in formation of the RUWS board is not to
dissolve the Water Management District or any other agency, but to bring
agencies together as a joint powers authority to solve the water supply
issues. He noted that the RUWS board
structure currently under consideration could change. (2) John Fischer, a resident of
There was no discussion of these items.
The meeting was adjourned at 9:45 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the September 8, 2005 Strategic Planning Workshop and September 19, 2005 Regular Board Meeting
Consider Adoption of Resolution No. 2005-09
Electing to Participate in the
3. Receive and File Report on Fourth Quarter Financial Activity for Fiscal Year 2004-05
4. Adopt Treasurer’s Report for the Month of June 2005
5. Present Service Awards to MPWMD Staff
6. Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
7. Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
8. Outline of MPWMD Presentation for State Water Resources Control Board Workshop on Carmel, Pajaro and Salinas Rivers Water Rights and Water Supply Status, October 26, 2005, 10:00 AM, Salinas Community Center
9. Report on 5:30 PM Closed Session of the Board
10. Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations
11. Consider Appeal of District Staff’s Decision that Rule 24-G, Special Circumstances, Do Not Apply to Storage Pro Self Storage Facility (Mirabito), APNs: 169-131-002 & 003
Consider Hearing Officer’s Findings and
Recommendations on Grievance Appeal of Laborer’s International Union of
13. Review and Consider Adoption of 2005-2006 MPWMD Strategic Plan
A. Adopt 2005-2006 MPWMD Strategic Plan
B. Review and Consider Approval of Timeline for Conducting Board Workshops
14. Update on Status of Discussion re Regional Urban Water Supply Governance Proposal
INFORMATIONAL ITEMS/STAFF REPORTS
15. Letters Received
16. Committee Reports
18. Water Conservation Program Report
19. Monthly Allocation Report
20. Monthly California American Water Company Production Report
21. Monthly Water Supply Status Report
22. Quarterly Water Supply Project Status Report
23. Quarterly Irrigation Program and Riparian Projects Report
25. Quarterly Water Use Credit Transfer Status Report
David A. Berger, Secretary to the Board