Board of Directors
Monterey Peninsula Water Management District
March 19, 2007
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)
General Manager present: David A. Berger
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.
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.
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.
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
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
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.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
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
9. Strategic Plan Update
10. Water Supply Project Alternatives Update
Study Plan for Long-Term Adaptive Management of the
GENERAL MANAGER’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
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
and Comment on Draft Memorandum of Understanding to Form the
Approval of Recommended Spending Priorities for Restoration of the Steelhead
Resource in the
INFORMATIONAL ITEMS/STAFF REPORTS
20. Letters Received
21. Committee Reports
23. Water Conservation Program Report
24. Monthly Allocation Report
26. Monthly Water Supply Status Report
David A. Berger, Secretary to the Board