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FINAL MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District March 19, 2007 |
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The meeting was called to
order at 7 PM in the MPWMD Conference room. Board
members present: David
Pendergrass, Chair – Mayoral Representative Kristi
Markey – Division 3 Larry
Foy – Division 5 (participated by telephone) David
Potter – General
Manager present: David A. Berger District
Counsel present: The assembly recited the
Pledge of Allegiance. No comments were directed
to the Board. Director Knight made a
motion that was seconded by Director Edwards, to adopt the Consent Calendar
except for items 2 and 4 that were pulled for separate consideration. The motion was unanimously approved on a
vote of 7 – 0. Approved. Director Edwards made a
motion that was seconded by Director Knight, to approve a not-to-exceed
amount of $4,300 for facilitation services by Snider & Associates. The 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. Approved. Director Edwards
proposed a motion to approve the PowerPoint presentation with the
understanding that additional slides could be added in the future. The motion was seconded by Director Lehman
and approved unanimously on a vote of 7 – 0.
Approved. Approved. Approved. Approved. General Manager Berger
reviewed progress made on completion of
Strategic Plan goals since the February 19, 2007 Board meeting. An outline of his presentation is available
for review at the District office or on the District’s website. Project Manager, Henrietta
Stern, presented the item. An outline
of her presentation is available for review at the District office or on the
District’s website. Water Resources Engineer, Water Resources Division
Manager, District Counsel Director Markey proposed
a motion to deny the appeal and adopt the Findings of Denial as presented in
the staff report. The motion was
seconded by Director Lehman and adopted unanimously on a vote of 7 – 0. The following comments were
directed to the Board during the public comment period. (1)
Eric Miller, architect for the applicant, stated that he had been working
on the project since 2002, and it wasn’t until the design was complete in
2007, that he was made aware of the deed restriction that limited the
opportunity to retrofit. According to
Mr. Miller the project as planned would not increase water use on the
site. (2) Derinda Messenger, attorney for the applicant, asked the
Board to approve the appeal due to the unique circumstances that had been
identified. (3) Robert Greenwood, representing the Carmel Valley Association,
urged the Board to deny the variance. (4) Bill Frederickson, owner of
property near During the public hearing,
Directors Knight and Pendergrass said they had spoken with the applicant’s
representative and legal counsel regarding the variance request. Director Potter stated that he met with
Eric Miller, the applicant’s representative.
Director Potter also exchanged phone calls with the attorney’s office
but has not spoken directly with the applicant’s attorney. Director Foy stated that he received voice
mails from the parties involved, but had no direct conversations with the
callers. On a motion by Director
Edwards and second by Director Potter, the Board directed staff to proceed
with production and distribution of the Final 2006 MPWMD Annual Report. The motion was adopted unanimously on a
vote of 7 – 0. No comments were directed
to the Board during the public hearing on this item. On a motion by Director
Lehman and second by Director Markey, the June 2007 Quarterly Water Supply
Strategy and Budget was adopted on a unanimous vote of 7 – 0. No comments were directed
to the Board during the public hearing on this item. Chair Pendergrass stated
that the consensus of the Board is to move forward with development of the
MOU and to forward the following comments to the regional leadership group. (1) Page 2 of the MOU, in the first
Whereas, delete the word “quickly” and replace it with the word
“expeditiously.” (2) Page 2 of the
MOU, paragraph 8 (the fourth paragraph that begins with the words “Be It
Further Resolved”) add a sentence which specifies that “ample public input will
be taken” on whatever proposal is developed through the Department of
Ratepayer Advocates regional water supply reliability dialogues. (3) The MOU should require a “monetary
contribution” from participating entities.
That contribution could be a specified or unspecified amount. It might also be based on a tiered system. (4) The final decision on what entity would
develop the water supply solution will be determined in the future;
therefore, although the MOU refers to a joint powers agency (JPA),
signatories to the MOU would not be making a commitment to support formation
of a JPA. Robert Greenwood,
representing the Carmel Valley Association, spoke during the public comment
period on this item. He pointed out
the importance of clarifying which entity has the authority to make the final
decision on the regional water supply solution. Director Potter excused himself from the meeting at
9:25 PM. On a motion by Director
Knight and second by Director Markey, the list of spending priorities was
approved unanimously on a vote of 6 – 0.
Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted
in favor of the motion. Director
Potter was not present for the vote. No comments were directed
to the Board during the public comment period on this item. There was no Board
discussion of the Informational Items/Staff Reports. The meeting was adjourned
at 9:35 PM. |
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CALL TO
ORDER/ROLL CALL PLEDGE OF
ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1. Consider
Adoption of Minutes of the February 22, 2007 Regular Board Meeting 2. Authorize
Expenditure of Budgeted Funds to Contract for Strategic Planning Facilitation
Services by Snider & Associates 3. Authorize
Expenditure of Budgeted Funds to Contract for Fisheries Aide Position(s) 4. Consider
Recommendation to Approve PowerPoint Presentation Regarding MPWMD Strategic
Water Issues Affecting the Jurisdictions 5. Ratify
Appointment to Community Advisory Committee 6. Receive
and File District-Wide Annual Water Distribution System Production Summary
Report for Water Year 2006 7. Receive
and File District-Wide Annual Water Production Summary Report for Water Year
2006 8. Consider
Adoption of Treasurer’s Report for January 2007 PRESENTATIONS 9. Strategic
Plan Update 10. Water
Supply Project Alternatives Update 11. Draft
Study Plan for Long-Term Adaptive Management of the GENERAL
MANAGER’S REPORT 12. Status
Report on ATTORNEY’S
REPORT 13. Report
on 5:30 PM Closed Session of the Board 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. State Water Resources Control Board
Permit No. 7130B C. State Water
Resources Control Board Permit No. 20808 D. MPWMD v. Nick
Marotta, Jr., Gerda Marotta, and Does 1-100 – E. MPWMD v. Roy
Woods, Woods 1995 Trust, and Does 1-100 – F. General Rate
Case (“GRC”) – Plan Revisions for Class A Water Utilities before the DIRECTORS’ REPORTS (INCLUDING AB 1234
REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) 14. Oral
Reports on Activities of County, Cities, Other Agencies/Committees/ Associations PUBLIC
HEARINGS 15. Consider
Appeal of District General Manager’s Decision to Deny a Water Permit for a
Third Bathroom Addition to 905 Ocean View Blvd., Pacific Grove (AZPN
006-031-004) – Continued from the February 22, 2007 Board Meeting 16. Consider
Approval of Draft 2006 MPWMD Annual Report 17. Consider
Adoption of April through June 2007 Quarterly Water Supply Strategy and
Budget ACTION
ITEMS 18. Review
and Comment on Draft Memorandum of Understanding to Form the 19. Consider
Approval of Recommended Spending Priorities for Restoration of the Steelhead
Resource in the INFORMATIONAL ITEMS/STAFF REPORTS 20. Letters
Received 21. Committee
Reports 22. 23. Water
Conservation Program Report 24. Monthly
Allocation Report 25. Monthly
26. Monthly
Water Supply Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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