FINAL

Minutes

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

May 21, 2007

 

 

The meeting was called to order at 6 PM in the District Conference Room.

 

Board members present:

David Pendergrass, Chair – Mayoral Representative

Alvin Edwards, Vice Chair – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Michelle Knight – Division 4

Larry Foy – Division 5

 

Board members absent:

David Potter – Monterey County Board of Supervisors

 

General Manager present:  David A. Berger

 

District Counsel present:  David Laredo

 

The assembly recited the Pledge of Allegiance.

 

No comments.

 

David Dilworth, representing Helping Our Peninsula’s Environment (HOPE), stated that he would delay commenting on the proposed MPWMD 8,400 AFY Sand City Desalination project, until discussion of the Strategic Plan was underway.

 

On a motion by Director Edwards, and second by Director Foy, items 1 through 7 were unanimously approved by the Board. 

 

 

 

Approved.

 

 

 

 

 

Approved.

 

 

 

 

Approved.

 

 

 

Approved.  Chair Pendergrass recognized Rich Youngblood of Marina Coast Water District, Karen Harris of the Monterey Regional Water Pollution Control Agency (MRWPCA); Catherine Bowie of California American Water (CAW); and the District’s Rob Cline for their work promoting water conservation as members of the Water Awareness Committee.

 

 

Approved.

 

 

Approved.

 

 

 

Henrietta Stern, Project Manager, presented the report.  An outline of her presentation is on file at the District office and is available for review on the District’s website. 

 

During the public comment period on this item, David Dilworth, representing HOPE, requested that the Strategic Plan be modified by adding an objective that would require completion of the EIR on the District’s proposed 8,400 acre-feet per year (AFY) Sand City Desalination Project.

 

An outline of the report given by Catherine Bowie and Stephanie Pintar is on file at the District office and is available for review on the District’s website. 

 

The following comments were directed to the Board during the public comment period on this item.  (1) David Dilworth, representing HOPE, stated that because Carmel River runoff is so low, the Board should implement Stage 3 or 4 water conservation regulations.  He asked why the Board had no plans to immediately establish a moratorium on issuance of water permits. (2) Nancy Pratt recommended that Stage 3 conservation regulations be implemented immediately, in order to forestall future drastic water supply reductions.  She urged the Board to begin planning for distribution and processing of census forms in preparation for future supply reductions.

 

 

The report was presented by Darby Fuerst, Water Resources Manager.   A summary of his presentation is on file at the District office and is available for review on the District’s website.  Mr. Fuerst reported that between October 1, 2006 and May 16, 2007:  (A) CAW production from the Carmel River was 131 acre-feet (AF) under the limit established as a result of SWRCB Order 95-10; and (B) CAW production from the Coastal Subareas of the Seaside Basin was 90 AF under the limit established in the Seaside Basin Adjudication decision.

 

 

District Counsel Laredo reported that the Board received a status report on items 3.A through 3.G, and no action was taken.  Regarding item 4, the Board met with designated labor negotiators.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Director Lehman reported that she and General Manager Berger attended the April 24, 2007 meeting of the Del Rey Oaks City Council and the May 1, 2007 meeting of the Sand City Council  and presented a PowerPoint that provided an overview of the District’s activities.  Director Knight noted that on May 16, 2007, she attended the May 16, 2007 meeting of the Pacific Grove City Council accompanied by General Manager Berger and Stephanie Pintar and gave the same presentation.  Chair Pendergrass advised that he and General Manager Berger gave the presentation to the Monterey County Board of Supervisors on May 15, 2007.  He and Director Lehman also participated in the May 30, 2007 regional water supply planning meeting conducted by the Division of Ratepayer Advocates.  He described the DRA planning effort as constructive.

 

 

Director Knight made a motion to approve the first reading of Ordinance No. 128, and refer it for second reading and adoption at the June 18, 2007 Board meeting.  The motion was seconded by Director Edwards and approved on a vote of 5 – 1.  Directors Edwards, Foy, Knight, Markey and Pendergrass voted in favor of the motion.  Director Lehman was opposed.  Director Potter was absent.

 

During the public hearing on this item, David Dilworth, representing HOPE, urged the Board to remove from the ordinance a fee waiver for affordable housing because it would only benefit developers, not the low-income persons it is intended to help.

 

Motion 1 -- Director Foy moved approval of the Strategic Plan.  The motion was seconded by Director Foy.

 

Motion 2 – Director Markey made a substitute motion to approve the Strategic Plan with the addition of two new Strategic Objectives under the Three-Year Goal,   “Determine and participate in long-term water supply solutions(s).”  They were:  (A) update projected costs to complete the EIR on the District’s proposed 8,400 AFY Sand City Desalination Project for possible action to complete the EIR; and (B) actively pursue a contract with MRWPCA for a commitment to the Monterey Peninsula Groundwater Replenishment Project.  Director Lehman seconded the motion.   Director Markey later withdrew her motion.  As an alternative, she requested that at the June 18, 2007 meeting, in conjunction with consideration of the FY 2007-2008 MPWMD Budget, the following be provided:  (A) staff present to the Board an estimate of the cost to update the EIR on the proposed 8,400 AF Sand City Desalination Project; and (B) a presentation on issues related to the Monterey Peninsula Groundwater Replenishment Project.  Chair Pendergrass suggested that Director Markey and General Manager Berger discuss her request and determine if the items she requested will be included as part of the June 18, 2007 budget discussion, or if the information could be presented to the Board in another manner.  The Chair and Vice Chair would make the final determination.

 

Motion 1 was approved on a unanimous vote of 6 – 0.  Director Potter was absent.

 

During the public hearing on this item, David Dilworth, representing HOPE, suggested the Board add another Three-Year Goal to the Strategic Plan titled Legalizing Our Water Supply. 

 

 

Director Edwards offered a motion to receive and confirm the Water Supply Forecast.  The motion was seconded by Director Knight and approved unanimously on a vote of 6 – 0.  Director Potter was absent.

 

The following comments were received during the public comment period on this item.  (1) David Dilworth, representing HOPE, questioned the accuracy of storage estimates cited in the report.  He warned the Board that over the past 1,000 years, the Monterey Peninsula has endured two, 100-year droughts.  (2) Nancy Pratt, resident of Carmel Valley, stated that dry weather conditions and global warming provide sufficient evidence for the Board to immediately institute mandatory water rationing.

 

Director Knight made a motion to approve the 2007 Annual Memorandum of Agreement.  The motion was seconded by Director Foy and was approved unanimously on a vote of  6 - 0.  Director Potter was absent.

 

During the public comment period on this item, David Dilworth, representing HOPE, requested that the District notice the meetings in which the MOA is developed so members of the public can attend.  He asked if a permit for incidental take had been issued in conjunction with the MOA.  District Council Laredo responded that CAW operates under a conservation agreement with the National Marine Fisheries Service.  The purpose of the MOA is to discuss how the conservation agreement will be implemented.  No incidental take permit is required.

 

Deferred to a future meeting when all Board members will be present to consider the item.

 

 

 

 

There was no discussion of the Informational Items/Staff Reports.

 

 

 

 

 

 

 

 

 

 

 

 

The meeting was adjourned at 10:15 PM.

 

 

CALL TO ORDER/ROLL CALL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEDGE OF ALLEGIANCE

 

ORAL COMMUNICATIONS

 

CONSENT CALENDAR

 

 

 

 

1.       Consider Adoption of Minutes of the April 16, 2007 Regular Board Meeting and April 19, 2007 Strategic Planning Retreat

 

2.       Consider Adoption of Resolution No. 2007-04 Calling for Board Member Elections on November 6, 2007 Within Voter Divisions 3, 4 and 5

 

3.       Consider Adoption of Resolution 2007-05 Modifying Rule 162 – Regulatory Water Production Targets for California American Water (CAW) Main System

 

4.       Consider Adoption of Resolution No. 2007-06 – Amending Fees and Charges Table – Rule 60

 

5.       Consider Adoption of Resolution No. 2007-07 Recognizing the 20th Anniversary of Water Awareness Month, and Commending the Water Awareness Committee of Monterey County, Inc. for its Successful Efforts in Educating the Community

 

6.       Consider Approval of Third Quarter FY 2006-2007 Investment Report

 

7.       Consider Adoption of Treasurer’s Report for March 2007

 

PRESENTATIONS

8.       Water Supply Project Alternatives Update

 

 

 

 

 

 

 

 

9.       Report from Catherine Bowie, California American Water, and Stephanie Pintar, MPWMD Water Demand Manager, Regarding a Special Joint Effort to Promote Water Conservation Due to Critically-Dry Year Conditions

 

 

 

 

 

 

 

 

 

GENERAL MANAGER’S REPORT

10.    Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision

 

 

 

 

ATTORNEY’S REPORT

11.    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.     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 – Monterey County Superior Court Case NO. M83498

        E.     MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 – Monterey County Superior Court Case No. M83499

        F.     California Public Utilities Commission (Application No. 07-02-023) – Application for Allowance for Funds used During Construction (AFUDC) for its San Clemente Dam Memorandum Account

        G.     CPUC (General Rate Case) Status Report -- App No. 05-02-012

                4.  Conference with Labor Negotiators (Gov. Code 54957.6)

                  Agency Designated Representatives:  Rick Dickhaut, Cynthia Schmidlin, David A. Berger and Ellen Aldrich

        Employee Organization:  General Staff and Management Staff Bargaining Units Represented by Laborer’s International Union of North America, AFL CIO, (LIUNA/UPEC) Local 270

 

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

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

 

 

 

 

 

 

 

 

 

PUBLIC HEARINGS

13.    Consider First Reading of Ordinance No. 128 – Clarifying Terms, Rules and Policies Related to Water Distribution Systems, Water Permits, Water Use Permits, Water Credits, Affordable Housing, Fees and the Expanded Water Conservation and Standby Rationing Plan

 

 

 

14.    Consider Adoption of April 19, 2007 through September 30, 2007 MPWMD Strategic Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACTION ITEMS

15.    Receive and Confirm Water Supply Forecast for Period of May 1, 2007 through September 30, 2008

 

 

 

 

 

 

 

 

 

 

 

16.    Consider Approval of 2007 Annual Memorandum of Agreement for Releases and Diversions from San Clemente Reservoir among California American Water (CAW), California Department of Fish and Game (CDFG) and MPWMD

 

 

 

 

 

 

 

 

 

17.    Consider Report and Recommendation from Administrative Committee on Campaign Finance Reporting Regulations

 

INFORMATIONAL ITEMS/STAFF REPORTS

18.    Letters Received

19.    Committee Reports

20.    Carmel River Fishery Report

21.    Water Conservation Program Report

22.    Monthly Allocation Report

23.    Monthly California American Water Production Report

24.    Monthly Water Supply Status Report

 

ADJOURNMENT

 

                                                                                    ____________________________________

                                                                                    David A. Berger, Secretary to the Board

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