FINAL MINUTES

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

November 20, 2006

 

 

The meeting was called to order at 7 PM in the District Conference Room. 

 

Board members present:

Michelle Knight, Chair – Division 4

Judi Lehman, Vice Chair – Division 2

Alvin Edwards – Division 1

Kristi Markey – Division 3

Larry Foy – Division 5

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors

 

Board members absent:  None

 

General Manager present:  David A. Berger

 

District Counsel present:  David Laredo

 

The assembly recited the Pledge of Allegiance.

 

No comments were directed to the Board during Oral Communications.

 

On a motion by Director Pendergrass and second from Director Edwards, the Consent Calendar was adopted unanimously on a vote of 7 – 0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General Manager Berger presented an update on progress made on completion of the Strategic Plan since the October 16, 2006 Board meeting.  An outline of his comments is on file at the District office and on the District’s website.

 

Henrietta Stern, Project Manager, gave the report.  A summary is on file at the District office and on the District’s website.

 

 

Darby Fuerst, Senior Hydrologist, presented the report.  He stated that between October 1, 2006 and November 16, 2006, California-American Water Company production from the Carmel River was 96 acre-feet under the State Water Resources Control Board (SWRCB) limit.   During the same time period, Cal Am production from the Coastal Subarea of the Seaside Groundwater Basin was 43 acre-feet over the limit set in the Quarterly Water Supply Strategy and Budget.  Director Pendergrass expressed concern that the title of this report mentions only compliance with Order 95-10, yet the report also documented water production in the Seaside Groundwater Basin.  General Manager Berger responded that the report includes water production information on both the Carmel River Basin and the Seaside Groundwater Basin in response to a request for the data made by the Board several months ago.

 

 

District Counsel Laredo reported that he provided updates to the Board on items A through F and received direction from the Board.  No reportable action was taken on those items.   The Board also conducted an employee evaluation as listed in Item 4.  No reportable action was taken.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Director Lehman reported that she attended the November 15, 2006 Special Meeting of the Seaside Groundwater Basin Watermaster.  At that meeting, by unanimous vote, RBF Consultants was awarded the contract for implementation of the Seaside Basin Monitoring and Management Plan.  The District and the Monterey County Water Resources Agency were awarded the contract for management of the Plan.  Director Edwards thanked the Monterey County Water Resources Agency for allowing the District to conduct monthly Board meetings in their Boardroom.  Director Edwards also thanked outgoing Seaside City Councilman, Darryl Choates, for representing the City of Seaside on the District’s Policy Advisory Committee for many years.

 

 

Director Edwards made a motion to approve the staff recommendation to refer the separate quantity targets for current replacement and future water needs of the Monterey Peninsula to the cities, Monterey County and the Monterey Peninsula Airport District governing bodies for requested written comment by not later than March 15, 2007.  Director Potter seconded the motion.

 

Director Edwards proposed an amendment that was accepted by Director Potter to specify that: (a) the replacement target would be rounded up from 12,487 acre-feet to 12,500; and the future water needs target would be rounded down from 4,545 acre-feet to 4,500.  The amended motion was adopted on a vote of 5 – 2.  Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed.

 

Robert Greenwood, representing the Carmel Valley Association, addressed the Board during the Public Hearing on this item.  He expressed disappointment that the District has not moved ahead to select a water supply solution, either on its own or as a member of the proposed Monterey Bay Regional Water Authority. 

 

Director Markey departed from the meeting prior to consideration of item 13.

 

 

On a motion by Director Edwards and second from Director Lehman, the staff recommendation to contract with Zim Industries, Inc. for a not-to-exceed amount of $1,058.935 was adopted unanimously on a vote of 6 – 0.  Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted in favor of the motion.  Director Markey was absent for the vote.  No comments were directed to the Board during the public comment period on this item.

 

Director Lehman offered a motion that was seconded by Director Edwards to rescind prior approval and vacate the water credit transfer previously authorized from Assessor’s Parcel No. 001-016-015 on Foam Street to the City of Monterey.  The effect of the motion would be the extinction of the original 0.789 acre-feet of water use credit.  The motion was adopted unanimously on a vote of 6 – 0.  Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted in favor of the motion.  Director Markey was absent for the vote.  No comments were directed to the Board during the public comment period on this item.

 

On a motion by Director Edwards and second from Director Lehman, the staff recommendation to rescind prior approval and vacate the water credit transfer previously authorized from Assessor’s Parcel No. 011-293-002 on Broadway Avenue to the City of Seaside was adopted on a vote of 5 – 1.  The result of the action was extinction of the original 2.166 acre-feet of water use credit.   Directors Edwards, Foy, Knight, Lehman and Potter voted in favor of the motion.  Director Pendergrass was opposed.  Director Markey was absent for the vote.  No comments were directed to the Board during the public comment period on this item.

 

No discussion occurred on the Informational Items/Staff Reports.

 

 

 

 

 

 

 

 

 

 

 

The meeting was adjourned at 9:15 PM in memory of Bob Franco, former Mayor of Del Rey Oaks and MPWMD Board Member. 

 

CALL TO ORDER/ROLL CALL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEDGE OF ALLEGIANCE

 

ORAL COMMUNICATIONS

 

 

CONSENT CALENDAR

1.                   Consider Adoption of Minutes of the Special Meeting/Board Workshop of August 31, 2006 and the October 16, 2006 Regular Board Meeting

 

2.                   Consider Adoption of Board Meeting Schedule for 2007

 

3.                   Consider Expenditure of Budgeted Funds for Backup Systems Hardware and Software Purchase and Implementation

 

4.                   Consider Adoption of Resolution No. 2006-05 Expressing Support for Proposed Monterey Regional Water Pollution Control Agency’s Seaside Basin Groundwater Replenishment Projects

 

 

5.                   Consider Adoption of Treasurer’s Report for July 2006

 

6.                   Consider Adoption of Treasurer’s Report for August 2006

 

PRESENTATIONS

7.                   Strategic Plan Update

 

 

 

 

8.                   Water Supply Alternatives Update

 

 

GENERAL MANAGER’S REPORT

9.                   Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTORNEY’S REPORT

10.                Report on 5:30 PM Closed Session of the Board

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 Monterey:  Monterey County Superior Court Case No. M72061

 

 

 

 

 

                          D.                                      Save Our Carmel River; Patricia Bernardi; The Open Monterey Project v. MPWMD; MPWMD Board; and the City of Seaside; Monterey County Superior Court Case No. M72877            

D.                      E.                                       State Water Resources Control Board Permit No. 7130B

                          F.     State Water Resources Control Board Permit No. 20808

 

                          4.   Public Employee Performance Evaluation (Gov. Code 54957) – General Manager

 

DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)

11.                Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARINGS

12.                Consider Forwarding Proposed Yield Targets to Satisfy Existing and Future District Water Needs to Jurisdictions for Review

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACTION ITEMS

13.                Consider Authorization for Expenditure of Budgeted Funds for Drilling of Full-Scale Aquifer Storage and Recovery (ASR) Well as Part of MPWMD Phase 1 ASR Project

 

 

 

14.                Consider Rescission of Water Credit Transferred from 780 Foam Street (APN 001-016-015) to the City of Monterey

 

 

 

 

 

 

 

 

15.                Consider Possible Rescission of Water Credit Transferred from 866-890 Broadway Avenue to the City of Seaside

 

 

 

 

 

 

 

 

INFORMATIONAL ITEMS/ STAFF REPORTS

16.                Letters Received

17.                Committee Reports

18.                Carmel River Fishery Report

19.                Water Conservation Program Report

20.                Monthly Allocation Report

21.                Monthly California American Water Production Report

22.                Monthly Water Supply Status Report

 

ADJOURN IN MEMORY OF FORMER DIRECTOR ROBERT FRANCO

 

 

 

                                                                                                                ___________________________________________

                                                                                                                David A. Berger, Secretary to the Board

 

 

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