Board of Directors
Monterey Peninsula Water Management District
August 21, 2006
The meeting was called to order at 7:00 PM in the Boardroom of the Monterey Regional Water Pollution Control Agency.
Larry Foy – Division 5
David Potter –
Directors absent: None
General Manager present: David A. Berger
District Counsel present: David Laredo
The assembly recited the Pledge of Allegiance.
Robert Greenwood, representing the Carmel Valley Association, asked if General Manager Berger would clarify the responsibilities of the California Public Utilities Commission (CPUC) and the proposed Monterey Bay Regional Water Authority on selection of a preferred water supply alternative. Chair Knight stated that District staff would respond to Mr. Greenwood in writing.
On a motion by Director Pendergrass and second by Director Edwards, the Consent Calendar was approved unanimously on a vote of 7 – 0.
Darby Fuerst, Senior
Hydrologist, presented the report. A
summary is available for review at the District office and on the District’s
website. Mr. Fuerst reported that
California American Water (Cal Am) production from the
Mr. Berger announced that
the District would conduct a presentation on Seawater Conversion Vessels to
be given by representatives from PBS&J on August 31, 2006 at 7 PM in the
MRWPCA Boardroom. Mr. Berger noted
that the District has neither solicited this information nor analyzed the
concept, the meeting is intended as an opportunity for the Board and public
to be educated on a new seawater desalination technology. The presentation
would be noticed as a special meeting of the Board, in the event that a
majority of the Directors are in attendance.
No Board discussion or action would be taken at the meeting.
District Counsel Laredo announced
that on September 14, 2006, at 7 PM, the CPUC will conduct a continued public
participation hearing on the Coastal Water Project at the Embassy Suites in
Mr. Laredo reported that at the 5:30 PM Closed Session he provided updates to the Board on items 3.A through 3.E, no reportable action was taken. Regarding item 4.A, on a motion by Director Pendergrass and second by Director Edwards, the Board authorized the General Manager to execute Memorandums of Agreement with the General and Management staff bargaining units. The motion was unanimously adopted on a vote of 6 – 0. Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent. Regarding item 4.B, direction was given to staff but no reportable action was taken.
Director Markey expressed appreciation for the efforts of District Counsels Laredo and Farina, General Manager Berger and other staff for their involvement with the recent CPUC proceedings regarding Cal Am’s request for a rate increase. She noted that the District worked hard to secure reductions in Cal Am’s rate proposal. Chair Knight reported that Dewey Evans was hired to serve as Chief Executive Officer of the Watermaster.
Director Edwards proposed a motion that was seconded by Director Potter to adopt the staff recommendation to: (a) address any oral or written comments received on the Final EIR/EA; (b) accept the Responses to Comments and the revised text in the Final EIR/EA; (c) adopt Resolution 2006-04 that certifies the Final EIR/EA, approves the Phase 1 ASR Project, adopts CEQA Findings and the Mitigation Monitoring Plan for the ASR Project; and (d) direct staff to file a Notice of Determination of approval of the Phase 1 ASR Project. The motion was approved on a unanimous vote of 7 – 0.
Robert Greenwood, representing the Carmel Valley Association, addressed the Board during the public hearing on this item. He expressed support for the Phase 1 ASR Project. He asked if cost estimates for the ASR project had been developed. General Manager Berger explained that the Board implemented a user fee adjustment of 1.2 percent to fund the capital project costs over a fifteen-year period. Operating cost estimates based on expected project yield have yet to be developed. He stated that District staff would provide the information to the Carmel Valley Association and post it on the District’s web site.
On a motion by Director Edwards and second by Director Potter, the Board directed that the ordinance be presented for second reading at the September 18, 2006 meeting with the following changes. (A) The amendments proposed in Section 11, Rule 28.B, Water Use Credit Transfers, (shown in strike-out bold, italicized text) will be removed from the draft ordinance so that Rule 28.B will reflect water use credit transfer language currently in effect. (B) All references in the draft ordinance to the proposed amendments to Section 11, Rule 28.B will be removed from the ordinance. (C) Many of the definitions listed in Section Three, Amendment of Rule 11, should be changed from bold text to bold italics. The motion was adopted unanimously on a vote of 7 – 0.
The following comments were
directed to the Board during the public hearing on this item. (1)
Chip Rerig, City of
On a motion by Director Edwards and second by Director Foy, Ordinance No. 126 was adopted on a role call vote of 5 – 2. Directors Edwards, Foy, Knight, Markey and Pendergrass voted in favor of the motion. Directors Lehman and Potter were opposed. No comments were directed to the Board during the public hearing on this item.
On a motion by Director Edwards and second by Director Potter, discussion on this item was deferred to the September 25, 2006 Board Strategic Planning Retreat. The motion was approved on a vote of 6 – 1. Directors Edwards, Foy, Knight, Markey, Pendergrass and Potter voted in favor of the motion. Director Lehman was opposed.
Robert Greenwood, representing the Carmel Valley Association, addressed the Board during the public comment period on this item. He recommended the Board establish option 1.A – a standing committee with a narrowly defined focus that could be expanded if the committee works well together.
There was no discussion of these items.
The meeting was adjourned at 9 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the July 17, 2006 Regular Board Meeting
Consider Expenditure of Budgeted Funds for Contract
Amendment with RMC Water and Environment Consultants for Services to Complete
Portions of a Proposition 50 Grant-Funded Integrated Regional Water Management Plan for the
Consider Expenditure of Budgeted Funds to Contract
4. Consider Approval of Fourth Quarter Investment Report
5. Water Supply Project Alternatives Report
GENERAL MANAGER’S REPORT
6. Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
7. Announcement of August 31, 2006 Special Board Meeting/Public Presentation on Seawater Conversion Vessels by Post, Buckley, Schuh & Jernigan, Inc. (PBS&J)
8. Report on 5:30 PM Closed Session of the Board
1. Public Comment
2. Adjourn to Closed Session
3. Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
A. Application of California American Water Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project
B. Application of California American Water Company to the Public Utilities Commission Application No. 05-02-012 – General Rate Case
C. Save Our Carmel River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD Board; and the City of Seaside; Monterey County Superior Court Case No. M72877
D. State Water Resources Control Board Permit No. 7130B
E. State Water Resources Control Board Permit No. 20808
4. Conference with Labor Negotiators (Gov. Code 54957.6)
Designated Representatives: Rick Dickhaut,
Cynthia Schmidlin, Ellen Aldrich,
General Staff Bargaining Unit: Laborer’s International Union of North America, AFL-CIO, (LIUNA/UPEC) Local 270
Designated Representative :
Unrepresented Employees: Confidential Staff Unit
9. Oral Reports on Activities of County, Cities, Other Agencies/ Committees/ Associations
10. Consider Certification of Final EIR on Phase 1 Aquifer Storage and Recovery Project, Including Adoption of CEQA Findings and Mitigation Monitoring Plan
13. Consider Formation of a Community Advisory Committee and Adoption of a Charge for the Committee
INFORMATIONAL ITEMS/STAFF REPORTS
14. Letters Received
15. Committee Reports
16. Strategic Planning Initiatives Progress Report
18. Water Conservation Program Report
19. Monthly Allocation Report
21. Monthly Water Supply Status Report
22. Semi-Annual Ground Water Quality Monitoring Report
David A. Berger, Secretary to the Board
A Tavani/082106 Board Minutes/5 pages/ 10-13-06