Board of Directors
Monterey Peninsula Water Management District
April 16, 2007
The meeting was called to order at 7 PM in the MPWMD Conference room.
Board members present:
Larry Foy – Division 5
General Manager present: David A. Berger
The assembly recited the Pledge of Allegiance.
The following comments were
directed to the Board during Oral Communications. (1) Christine Gianascol Kemp, representing Christo Bardis, urged
District staff to process a pre-application for a water distribution permit
submitted by Mr. Bardis in December 2006.
She expressed concern that the lengthy processing time will conflict with the
On a motion by Director Knight and second by Director Foy, the Consent Calendar was approved unanimously on a vote of 7 - 0, except for Items 5, 5a and 6 that were pulled for separate consideration.
On a motion by Director Lehman and second by Director Markey, the Board authorized the Board Chair to send a letter in support of AB715 and AB1420. The motion was approved unanimously on a vote of 7 – 0.
On a motion by Director Lehman and second by Director Knight, the Board authorized the Board Chair to send a letter expressing support for AB 1260. The motion was approved unanimously on a vote of 7 – 0.
On a motion by Director Knight and second by Director Foy, the Board received the report on a unanimous vote of 7 – 0.
General Manager Berger presented the item. A summary of his presentation is on file at the District office and is posted on the District’s website.
During the public comment
period on this item, the following comments were directed to the Board. (1)
Darby Fuerst, Water
Resources Manager, presented the report.
A summary of his presentation is on file at the District office and is
posted on the District’s website. He reported
that between October 1, 2006 and April 11, 2007, California American Water
(CAW) production from the
Stages 1 through 3 of the Expanded Conservation and Mandatory Rationing Program are based on CAW metered consumption compared to the SWRCB-based production limits. If CAW consumption is close to the SWRCB-based limit, the Board could conduct a special meeting and impose Stage 3 conservation rules. Mr. Fuerst noted that by the end of April, community water use could reach levels that might prompt the Board to consider imposition of Stage 3 conservation rules. Stages 5 through 7 are based on carryover storage in aquifers and reservoirs. On May 1, 2007 staff will evaluate the amount of water that is in storage, to determine if there is sufficient water to meet community needs for 18 months. If carryover storage is not sufficient, the community will be subject to Stage 5 conservation requirements.
Mr. Fuerst reported that as
of April 1, 2007, 10 inches of rain have been recorded at San Clemente Dam,
compared to an average of 19 inches.
Rainfall is 54% of average for the year. Runoff measured at San Clemente Reservoir
was 9,850 AF, which is 20% of the expected average. Therefore, this has been classified as a
critically dry year. In response to
dry conditions, CAW has minimized production from San Clemente Dam to the
Narrows, so that production from wells in the upper Carmel Valley has been
reduced to .5 AF per second (30 AF per month) that must be provided to Carmel
Valley Village. The District met with
resource agencies and CAW to develop a plan that will maximize releases from
the reservoirs to ensure sustained flow through the early winter season. CAW will maximize production from the
Seaside Coastal Area. Total usable
storage in the Monterey Peninsula Water Resources System is 31,980 AF, and
1,500 AF of that is surface water.
The following comments were
directed to the Board during the public comment period on this item. (1) Roy
Thomas, Carmel River Steelhead Association, recommended that water from
District Counsel Laredo reported that the Board met with designated representatives regarding labor negotiations. No reportable action was taken. The Board also considered the six items of existing litigation listed on the agenda. Direction was provided to staff and Counsel, but no reportable action was taken.
Chair Pendergrass reported that he attended the Department of Ratepayer Advocates meeting on regional water supply solutions. He noted that the process is moving in the right direction. He will attend the May 30, 2007 meeting. Director Markey announced that she will be unable to attend the April 19, 2007 Board Strategic Planning Retreat, due to a conflict with her work.
Director Foy offered a motion to approve the variance with revised conditions submitted by staff that evening, and to schedule a discussion at the May 21, 2007 Board meeting on the possibility of amending the District’s regulations to allow installation of electronically monitored in-line meters. The motion was seconded by Director Potter and adopted on a motion of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed.
The following comments were
directed to the Board during the public hearing on this item. (1) Doug
Wiele, representing Foothill Partners, explained that the cost of
installing individual meters would be one-tenth of one percent of the project
budget, and is not the main reason for this variance request. The issues are aesthetics, and taking
advantage of new electronically monitored in-line meter technology that will
allow CAW and MPWMD staff to monitor individual tenant’s water use from their
desktop computers. Mr. Wiele stated
that he was in agreement with revised permit conditions and the
indemnification requirement. He stated
that if the Board was not in a position to grant the variance, Foothill
Partners would comply with Rule 23-A-1-i.
(2) Michael Albov, representing
Mr. Wiele, urged the Board to consider revising District Rule 23-A-1-i to
allow installation of electronically monitored in-line meters. He recommended that the Board consider the
practical aspects of the request and approve the variance. (3)
Motion #1 -- Director Knight made a motion to approve the targets and submit them to the Public Utilities Commission along with the background information provided in the staff report. The motion was seconded by Director Edwards.
Motion #2 -- Director Lehman proposed a substitute motion to continue consideration of this item until after the General Manager and Directors speak to the governing body of each land use jurisdiction within the District on strategic water issues, as authorized by the Board on March 19, 2007. The motion was seconded by Director Markey and failed on a vote of 2 – 5. Directors Markey and Lehman voted in favor of the motion. Directors Edwards, Foy, Knight, Pendergrass and Potter voted against the motion.
The vote was conducted on Motion #1. It was approved on a vote of 5 – 2. Directors Edwards, Foy, Knight Pendergrass and Potter voted in favor of the motion. Directors Markey and Lehman were opposed.
The following comments were
directed to the Board during the public hearing on this item. (1)
On a motion by Director Markey, and second of Director Lehman, Resolution 2007-03 was adopted on a vote of 6 – 1. Directors Edwards, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Foy was opposed.
No public comment was directed to the Board during the public comment period on this item.
There was no discussion of the Informational Items/Staff Reports.
The meeting was adjourned
at 9:45 PM in remembrance of the 32 persons that were killed at Virginia Polytechnic
Technological Institute and
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the March 19, 2007 Regular Board Meeting
2. Consider Adoption of Resolution 2007-02 – Amending Fees and Charges Table – Rule 60
Consider Authorization of Funds to Contract with
Ventana Wildlife Society for
4. Authorize Expenditure of Budgeted Funds for Purchase of a Storage Container for the Sleepy Hollow Steelhead Rearing Facility
5. Consider Authorizing Board Chair to Send a Letter Expressing Support for Legislation Sponsored by Assembly Member John Laird – AB 715, Low Flow Water Fixtures and AB 1420, Water Conservation
5.a. Consider Authorizing Board Chair to Send a Letter Expressing Support for Legislation Sponsored by Assembly Member Anna Caballero – AB 1260, Local Governments Taxes, Fees, Assessments, and Charges Notice
Receive and File Water Year 2006
7. Consider Adoption of Treasurer’s Report for February 2007
8. Strategic Plan Update
9. Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
Status Report on
11. Report on 5:30 PM Closed Session of the Board
Conference with Labor Negotiators (Gov. Code 54957.6)
Employee Organization: General Staff and Management Staff Bargaining Units Represented by Laborer’s International Union of North America, AFL CIO, (LIUNA/UPEC) Local 270
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)
12. Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations
Consider Request for Variance from Water Meter
Requirements – (District Rule 23-A) – GLC Foothill
Receive Comments from Jurisdictions and Consider Final
Action on Proposed Yield Targets to Satisfy Current Replacement and Future
Water Needs of the
15. Consider Adoption of Resolution 2007-03 – Amend MPWMD Meeting Rules Establishing Annual Rotation of the Vice Chair into the Position of Chair
INFORMATIONAL ITEMS/STAFF REPORTS
16. Letters Received
17. Committee Reports
19. Water Conservation Program Report
20. Monthly Allocation Report
22. Monthly Water Supply Status Report
23. Quarterly Water Supply Project Status Report
24. Quarterly Irrigation Program and Riparian Projects Report
26. Quarterly Water Use Credit Transfer Status Report
David A. Berger, Secretary to the Board