Board of Directors
Monterey Peninsula Water Management District
August 20, 2007
The meeting was called to order at 7 PM in the District conference room.
Alvin Edwards – Division 1
David Potter –
General Manager present: David A. Berger
District Counsel present: David Laredo
The assembly recited the Pledge of Allegiance.
The following persons
addressed the Board during Oral Communications. (1) Lance Monosoff introduced himself as a candidate for the
November 6, 2007 election in District 5.
On a motion by Director Foy and second by Director Knight, the Consent Calendar was approved except for Item 3 that was pulled for separate consideration. The motion to approve was adopted unanimously on a vote of 5 – 0. Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion. Directors Edwards and Potter were absent from the meeting.
On a motion by Director
Markey and second by Director Lehman, the Board unanimously approved an
expenditure of a not-to-exceed amount of $30,000 to conduct a survey of the
Chair Pendergrass announced that item 17, Consider Report and Recommendation from Administrative Committee on Campaign Finance Reporting Regulations would be continued to the September 17, 2007 meeting when all Directors would be present. No persons addressed the Board during the public comment period on this item.
Bill Leahy, Executive Director and Donna Meyer, Conservation Program Director for the Big Sur Land Trust addressed the Board. An outline of the presentation is on file at the District office and can be viewed at the District’s website.
General Manager Berger presented an update on progress the District has made towards completion of the goals and objectives listed in the Strategic Plan. An outline of the presentation is on file at the District office and can be viewed at the District’s website.
Catherine Bowie and
The report was presented by
There was no discussion or action taken on this item. The report was presented in writing in the Board packet.
District Counsel Laredo reported that the meeting was called to order at 5:30 PM. Directors Foy, Lehman, Markey, Knight, Pendergrass and Potter were present. Director Edwards was absent. No public comment was presented and the meeting was adjourned to closed session. During the closed session, District Counsel provided the Board with a report on items 3.A through 3.F. No action was taken on items 3.A, B, E and F. Regarding items C and D, the Board unanimously endorsed a settlement proposal in conjunction with CAW, NOAA Fisheries and the California Department of Fish and Game. If the SWRCB accepts the settlement proposal, it would enable issuance of water rights permits for the Phase 1 Aquifer Storage and Recovery Project (ASR). The hearing before the SWRCB on that matter was set for September 24 and 25, 2007. The pre-hearing conference set for August 21, 2007 was cancelled, pending further discussions on the settlement. Regarding item 4, no reportable action was taken.
Director Knight, MPWMD representative
to the Seaside Groundwater Basin Watermaster, reported that the Watermaster
now provides a monthly report on water production within the
Director Foy made a motion that was seconded by Director Knight, to adopt Ordinance No. 129 on second reading and direct staff to file a Notice of Exemption for the ordinance. The motion was approved unanimously on a vote of 5 – 0. Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion. Directors Edwards and Potter were absent from the meeting.
During the public hearing
on this item, George Riley, a resident of
On a motion by Director Lehman and second by Director Foy, the Board voted unanimously to refer this issue to the Rules and Regulations Committee for further refinement and presentation to the Board possibly at the September 17, 2007 meeting. Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion. Directors Edwards and Potter were absent from the meeting. No comments were directed to the Board during the public comment period on this item.
Director Foy made a motion to appoint the Board Chair as representative to the Leadership Task Force and the Vice Chair as alternate. The motion was seconded by Director Knight
Director Markey proposed that the motion be amended to state that if the Board Chair declines to serve as representative to the Leadership Task Force, the Vice Chair would be appointed as the representative and the Chair would serve as alternate. If both the Chair and Vice Chair declined to serve, the Board would make the appointment. Directors Foy and Knight accepted the amendment. The amended motion was approved unanimously on a vote of 5 – 0. Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion. Directors Edwards and Potter were absent from the meeting. No comments were directed to the Board during the public comment period on this item.
Chair Pendergrass deferred the item to the September 17, 2007 Board meeting when all seven Directors would be present to consider the issue.
There was no discussion of the Informational Items/Staff Reports.
The meeting was adjourned at 9:20 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the July 16, 2007 Regular Board Meeting
Consider Extension of Cooperative Agreement with the
Consider Expenditure of Budgeted Funds to Conduct Survey
4. Consider Adoption of Resolution 2007-13 – A Resolution of the Board of Directors of the Monterey Peninsula Water Management District Approving the Form of and Authorizing the Execution and Delivery of a Sixth Amended Joint Powers Agreement Relating to the California Special District Risk Management Authority
5. Consider Approval of a Fourth Quarter Investment Report
Report from Bill Leahy and Donna Meyers of the
7. Strategic Plan Update
8. Water Supply Project Alternatives Update
Update on Conservation Program from Catherine Bowie
GENERAL MANAGER’S REPORT
Status Report on
11. Report on Emergency Procurement of 30 Horsepower Motor for the Cooling Tower at Sleepy Hollow Steelhead Rearing Facility
12. 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
B. Application of California American Water Company to the California Public Utilities Commission -- Application No. 07-02-023 -- Allowance for Funds Used During Construction (AFUDC) for its San Clemente Dam Memorandum Account
C. State Water Resources Control Board Permit No. 7130B
D. State Water Resources Control Board Permit No. 20808
E. MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 --
F. MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 --
4. Public Employees Performance Evaluation (Gov. Code 54957) – General
5. Adjourn to 7 PM Session
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
13. Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations
15. Consider Development of an Ordinance that would Amend the Process by which the District Enforces its Rules and Regulations
Appoint Representative to the
17. Consider Report and Recommendations from Administrative Committee on Campaign Finance Reporting Regulations (Continued from May 21, 2007 Board meeting)
INFORMATIONAL ITEMS/STAFF REPORTS
18. Letters Received
19. Committee Reports
21. Water Conservation Program Report
22. Monthly Allocation Report
24. Monthly Water Supply Status Report
25. Semi-Annual Ground Water Quality Monitoring Report
David A. Berger, Secretary to the Board