Board of Directors
Monterey Peninsula Water Management District
December 10, 2007
The meeting was called to order at 7 PM in the Conference Room of the Monterey Peninsula Water Management District office.
Bob Brower – Division 5
General Manager present: David A. Berger
District Counsel present:
The assembly recited the Pledge of Allegiance
to the Board,
Director Potter thanked the outgoing directors for their participation on the Board. He acknowledged the cooperation and professional attitude exhibited by all directors over the previous four-year period.
the Oral Communications period,
On a motion by Director Doyle and second by Director Lehman, the Consent Calendar was approved unanimously on a vote of 7 - 0. Directors Brower, Doyle, Edwards, Lehman, Markey, Pendergrass and Potter voted in favor of the motion.
Pendergrass presented the Resolutions of Appreciation to
Solak’s presentation is on file at the District office and can be viewed on
the District’s website. Following the
presentation, Mr. Solak responded to questions from the Board. He stated that members of the public have
expressed concerns about air quality due to silver iodide used in operation
of the cloud seeding process. However,
federally funded studies have shown that silver concentration levels in the
vicinity of the silver iodide flares are well below safety standards.
On a motion by Director Pendergrass and second by Director Brower, staff was directed to develop additional information and bring the issue forward to the January 24, 2008 meeting at which time the Board may decide if a cloud seeding program should be implemented. The motion was adopted on a vote of 6 – 1. Directors Brower, Doyle, Edwards, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed.
the public comment period on this item,
Director Potter exited the meeting following the discussion on item 10.
Stilwell, Executive Vice President and General Counsel for the Pebble Beach
Company, explained that the first phase of the project was completed in 1994
at a cost of $34 million. It was
designed to provide 2 million gallons per-day of tertiary treated water to
meet the irrigation needs of golf courses and some open space in
Mr. Von Dohren’s presentation is on file at the District office and can be viewed on the District’s website. He presented photos that chronicled the project construction process.
following comments were directed to the Board during the public comment
period on this item. (1)
The report was presented by Henrietta Stern, Project Manager. It is on file at the District office and can be viewed on the District’s website.
report was presented by
report was presented by
the public comment period on this item,
Lehman participated in the December 5, 2007 Seaside Basin Watermaster
meeting. She reported that the Watermaster
approved a contract for work to be done by the District in an amount of
$115,000. Also the Watermaster
approved a new contract with the Executive Director, which designates him as
an independent contractor. In response
to a question from the Board,
Motion 1: Chair Pendergrass made a motion to continue the item to the January 24, 2008 meeting so that all seven directors could participate in the public hearing. The motion was seconded by Director Edwards.
Motion 2: Director Markey offered a substitute motion to continue consideration of this item to the January 24, 2008 meeting. Prior to that hearing, District staff should apprise the State Water Resources Control Board (SWRCB) of the current description and status of the Sand City Desalination Project, including how the project has been modified since the Executive Director of the State Water Resources Control Board (SWRCB) issued a January 6, 2006 letter stating the project was not subject to SWRCB Order WR95-10. The District should seek direction from the SWRCB. The motion was seconded by Director Lehman. The motion failed on a vote of 3 - 3. Directors Doyle, Lehman and Markey voted in favor of the motion. Directors Brower, Edwards and Pendergrass were opposed. Director Potter was absent.
Motion 1: The motion was adopted on a vote of 4 – 2. Directors Brower, Edwards, Lehman and Pendergrass voted in favor of the motion. Directors Doyle and Markey were opposed. Director Potter was absent.
following comments were directed to the Board during the public hearing on
this item. (1)
The January through March 2008 Quarterly Water Supply Strategy and Budget was adopted by the Board on a motion by Director Brower and second of Director Edwards. The motion was approved on a vote of 6 – 0. Director Potter was absent.
On a motion by Director Markey and second by Director Edwards, the item was referred to the Technical Advisory Committee for review, and continued to a future undetermined date for consideration by the Board of Directors. The motion was approved unanimously on a vote of 6 – 0. Director Potter was absent.
Director Edwards made a motion to elect Director Lehman to the position of Chair. The motion was seconded by Director Markey and adopted unanimously on a vote of 6 – 0. Director Potter was absent.
Director Edwards made a motion to elect Director Markey to the position of Vice Chair. The motion was seconded by Director Lehman and adopted unanimously on a vote of 6 – 0. Director Potter was absent.
Director Markey made a motion to elect General Manager Berger to the position of Secretary to the Board. The motion was seconded by Director Doyle and adopted unanimously on a vote of 6 – 0. Director Potter was absent.
Brower made a motion to elect
a motion by Director Markey and second by Director Edwards, Director Lehman
was elected to serve as the representative to the
a motion by Director Lehman and second by Director Edwards, Director Markey
was elected to serve as the alternate to the
There was no discussion of the Information Items/Staff Reports.
The meeting was adjourned to Closed Session at 9:55 PM.
This item was deferred to the January 24, 2008 Board meeting, as no members of the public were present to receive District Counsel’s report.
The meeting was adjourned at approximately 10:30 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
ADMINISTER OATH OF OFFICE TO KRISTI MARKEY, DIVISION
1. Consider Adoption of Minutes of the November 19, 2007 Regular Board Meeting
Adopt Resolutions of Appreciation for Outgoing Board
3. Consider Adoption of Resolution No. 2007-14 Certifying Official Results of November 6, 2007 MPWMD Election
4. Adopt Board Meeting Schedule for 2008
Consider Expenditure of Budgeted Funds to Contract
6. Consider Agreement with Marina Coast Water District and Monterey County Water Resources Agency Regarding Dual-Well Injection Testing at Phase 1 Aquifer Storage and Recovery Facilities
Consider Approval of MPWMD Professional Services
8. Consider Adoption of Treasurer’s Report for July 2007
Present Resolutions of Appreciation to Outgoing
10. Presentation by Mark Solak, Vice President of North American Weather Consultants, on Cloud Seeding and Potential Board Direction
Presentation from Mark Stilwell of the Pebble Beach
Company and Ray Von Dohren of the Carmel Area Wastewater District Regarding
12. Strategic Plan Update
13. Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
Status Report on
Update on Conservation Program from Catherina Bowie
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
16. Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations
18. Consider Adoption of January through March 2008 Quarterly Water Supply Strategy and Budget
19. Consider Acceptance of Contingency Plan to Implement Stages 4 through 7 of the Expanded Conservation and Standby Rationing Plan in Case of Drought
20. Consider Nomination of Board Chair and Vice-Chair for 2008 and Conduct Elections for Board Officers
Appointment of Representative and Alternate to
INFORMATIONAL ITEMS/STAFF REPORTS
22. Letters Received
23. Committee Reports
24. Water Conservation Program Report
25. Monthly Allocation Report
27. Monthly Water Supply Status Report
ADJOURN IN MEMORY OF
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. 07-02- 010 -- 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 --
ATTORNEY’S REPORT ON CLOSED SESSION OF THE BOARD
Arlene M. Tavani, Deputy District Secretary