Board of Directors
Monterey Peninsula Water Management District
November 19, 2007
The meeting was called to order at 7 PM in the Conference Room of the Monterey Peninsula Water Management District office.
General Manager present: David A. Berger
District Counsel present:
The assembly recited the Pledge of Allegiance
No comments were directed to the Board during Oral Communications.
On a motion by Director Knight and second by Director Edwards, the Consent Calendar was approved unanimously with a correction to the minutes of the October 15, 2007 Board meeting as outlined below under item 1.
Approved with a correction to the minutes of the October 15, 2007 Board meeting. Page 5 of the minutes, paragraph 3 was amended to reflect that Directors Lehman and Markey were opposed to the motion to approve water distribution system applications related to the Sand City Water Supply Project.
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 audience previewed a video developed by District staff that describes the programs and projects carried out by the MPWMD. The video will be used for public information purposes.
District Counsel Laredo reported that the Board met in Closed Session. Status reports were provided to the Board. No reportable action was taken.
Director Lehman reported that she represented the District at the November 7, 2007 meeting of the Seaside Groundwater Basin Watermaster, and that she would submit a short report for inclusion in the weekly letter from the General Manager to the Board of Directors. Chair Pendergrass announced that the Seaside Groundwater Basin Watermaster submitted its annual report to the Monterey County Superior Court as required in the adjudication decision. Director Knight thanked the Board and District staff for their cooperation over the past four years. She expressed confidence in the ability of the Board to continue competent management of local water resources. Director Pendergrass thanked Directors Foy and Knight for their participation on the Board over the past four years.
Chair Pendergrass made a declaration prior to the staff presentation on this item stating that he has no financial interest in the water supply project, neither does he have any other conflicts; therefore, he would participate in the discussion and vote on the issue.
Director Edwards made a motion to approve the first reading of Ordinance No. 132 with an amendment that APN 011-501-014 be deleted from the definition of properties that would benefit from the brackish water desalination project. The motion was seconded by Director Foy.
Director Potter proposed the following amendments: (1) the ordinance include a requirement that production be monitored to account for water savings caused by the project; (2) that the amount of project water utilized by water permits be reported to the Board; and (3) that the Board be apprised if there is an interruption in the brackish water source. Directors Edwards and Foy agreed to the amendments.
The amended motion was adopted by roll-call on a vote of 6 – 1. Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed.
Chair Pendergrass announced
that two letters were received just prior to the meeting expressing
opposition to proposed Ordinance No. 132:
(1) letter received at 5:30 PM from
Jim Heisinger, General Counsel for the City of Sand City, addressed the Board during the public hearing on this item. He commended District staff and the MPWMD Rules and Regulations Review Committee on development of the staff report and ordinance. He expressed support for the staff recommendation to approve first reading of Ordinance No. 132. Mr. Heisinger responded to a series of questions from the Board. He agreed that the City of Sand City could concur with the suggestion from the Board that the draft ordinance be amended to specify that APN 011-501-014 would be excluded from the area identified to receive water from the Sand City project. Mr. Heisinger stated that the City of Sand City would not object to the establishment of requirements that the City report to the District on desalination plant operations and production.
On a motion by Director Knight and second by Director Edwards, the staff recommendation to adopt the IRWMP was approved unanimously on a roll-call vote of 7 – 0.
The following comments were
directed to the Board during the public comment period on this item. (1)
Bill Phillips, Monterey County Water Resources Agency (MCWRA), urged the
Board to adopt the IRWMP. He stated
that the MCWRA was scheduled to adopt the IRWMP in December. (2)
Tom Reese, representing the City of
Robert Greenwood addressed the Board during the public comment period on this item. He opined that there is insufficient time to evaluate the feasibility of cloud seeding and obtain permits for a project this year. He recommended the District investigate the feasibility of cloud seeding for a future winter season.
On a motion by Director Markey and second by Director Lehman the Board unanimously approved the staff recommendation to: (1) authorize completion of the Phase 1 ASR Project on a pay-as-you-go basis; (2) authorize a one-time exception to the 5% established minimum for the general operating reserve for this purpose; and (3) direct staff apply the 1.2% User Fee increase adopted in 2005 towards the cost of the Phase 1 ASR Project until reimbursed in full. The motion was approved on a roll-call vote of 7 – 0. No comments were directed to the Board during the public comment period on this item.
On a motion by Director Potter and second by Director Markey, the Strategic Planning Session was scheduled for February 13, 2008. The motion was adopted on a roll call vote of 6 – 0. Directors Edwards, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Foy was not present for the vote. No comments were 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 a approximately 10:45 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the August 30, 2007 Special Meeting/Workshop and Regular Board Meeting of October 15, 2007
Confirm Designation of
3. Consider Expenditure of Budgeted Funds for Water Conservation Advertising
4. Consider Expenditure of Budgeted Funds for Water Saving Devices and Water Conservation Materials
Consider Expenditure of Budgeted Funds to Sponsor a
6. Consider Expenditure of Budgeted Funds to Amend Contract with RAMLIT Associates for Computer Modeling Services for Fiscal Year 2007-08
7. Strategic Plan Update
8. Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
Status Report on
Update on Conservation Program from Catherina Bowie
11. Preview of the New MPWMD Video
12. Report on 5:30 PM Closed Session of the Board
3. Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
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. Application of California American Water Company to the Public Utilities Commission Application No. 07-__- ___ -- General Rate Case
D. State Water Resources Control Board Permit No. 7130B
E. State Water Resources Control Board Permit No. 20808
F. MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does
G. MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 --
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
13. Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations
Consider Adoption of Integrated Regional Water
Management Plan (IRWMP) for the
Receive Analysis on Feasibility of Cloud Seeding in
17. Review Funding Alternatives and Consider Pay-As-You-Go Approach for Completion of Phase 1 of the Aquifer Storage and Recovery Project
18. Set Date for February 13, 2008 Strategic Planning Session
INFORMATIONAL ITEMS/STAFF REPORTS
19. Letters Received
20. Committee Reports
22. Water Conservation Program Report
23. Monthly Allocation Report
25. Monthly Water Supply Status Report
26. Quarterly Water Supply Project Status Report
David A. Berger, Secretary to the Board