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FINAL MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District December 14, 2009 |
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The meeting was called to
order at 7:05 PM in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Kristi Markey, Chair --
Division 3 Judi Lehman – Division 2 Directors Absent: None General Manager present: District Counsel present: David C.
Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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The Oath of Office was
administered to Alvin Edwards and Judi Lehman. |
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ADMINISTER OATH OF OFFICE TO DIVISION 1
REPRESENTATIVE ALVIN EDWARDS, AND DIVISION 2 REPRESENTATIVE JUDI LEHMAN |
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The following comments were
received during Oral Communications. (1) Mitzi Dallas expressed concern
about the proliferation of wells in fractured rock formations. She requested that an environmental impact
report be prepared to assess the cumulative impacts of constructing wells in
fractured rock formations. (2) Peter Fallon expressed concern
about the proliferation of wells drilled in fractured rock formations. He described them as a threat to public
health, and recommended that the |
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ORAL COMMUNICATIONS |
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On a motion by Director
Edwards and second of Director Lehman, the Consent Calendar was adopted
except for items 1, 3 and 11 that were pulled for separate consideration. The motion was approved unanimously on a
vote of 7 – 0. |
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CONSENT CALENDAR |
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On a motion by Director
Potter and second of Director Doyle, the minutes of the November 10, 2009
Special Meeting/Board Workshop were amended as follows: delete the words “Brackish Water” from the
3-Year Goal, Construction has begun on a Brackish Water Desalination
Project. The minutes of November 16,
2009 were adopted as presented. The
motion was approved unanimously on a vote of 7 – 0. |
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1. |
Consider
Adoption of Minutes of the November 10, 2009 Special Meeting/Board Workshop
and November 16, 2009 Regular Board Meeting |
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Approved. |
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2. |
Consider Adoption of
Resolution No. 2009-12 Certifying Official Results of November 3, 2009 MPWMD
Election |
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On a motion by Director
Potter and second of Director Doyle, the Strategic Plan was adopted
unanimously with the following change:
delete the words “Brackish Water” from the 3-Year Goal, Construction
has begun on a Brackish Water Desalination Project. The motion was adopted on a vote of 7 – 0. |
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3. |
Consider Adoption of Strategic Plan that Includes
90-Day, 3-Year and 5-Year Goals |
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Approved. |
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4. |
Consider Approval of MPWMD Newsletter Text |
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Approved. |
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5. |
Consider Expenditure of Budgeted Funds to Publish
and Distribute MPWMD Newsletter |
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Approved. |
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6. |
Consider Expenditure of Budgeted Funds for Sleepy
Hollow Steelhead Rearing Facility Stand-by Generator Maintenance Service with
Quinn Power Systems for Fiscal Year 2009-10 |
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Approved. |
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7. |
Approve Expenditure of Funds Approved by Public
Utility Commission for Landscape Irrigation Audits and Budgets |
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Approved. |
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8. |
Consider Adoption of Resolution 2009-13 Amending
MPWMD Rule 24, Table 1 -- Residential Fixture Unit Count Values |
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Approved. |
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9. |
Consider Adoption of Resolution 2009-14 Amending
MPWMD Rule 25.5, Table 4 --Ultra-Low Consumption Appliance Credits |
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Approved. |
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10. |
Consider Adoption of Resolution 2009-17 Modifying
Rule 162 -- Regulatory Water Production Targets for |
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On a motion by Director
Potter and second of Director Brower, the Board unanimously approved the
appointment of Judi Lehman as representative and Bob Brower as alternate to
the Watermaster. Establishment of a
procedure for selection of representatives in the future was referred to the
Rules and Regulations Review Committee.
The motion was adopted on a vote of 7 – 0. |
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11. |
Appoint Representative and Alternate to the |
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Approved. |
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12. |
Adopt Board Meeting Schedule for 2010 |
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Approved. |
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13. |
Consider Adoption of Treasurer's Report for July
2009 |
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PRESENTATIONS |
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A summary of Mr. Anthony’s
report is on file at the District office and can be viewed on the District’s
website. He reported that California
American Water (Cal-Am) will compare water production against levels
specified in the Final Cease and Desist Order (CDO) issued by the State Water
Resources Control Board (SWRCB), even though implementation of the CDO has
been delayed and the order is not currently in effect. He noted that Cal-Am’s infrastructure
improvements related to the Aquifer Storage and Recovery Project (ASR) are
complete and water is being delivered to the District’s injection/recovery
wells. In response to questions from
the Board, Mr. Anthony stated that connections for fire suppression are
separately metered. If Cal-Am staff
notice water use by one of those connections, they would investigate as to
the cause. If the water was consumed
for uses other than fire suppression, the customer would pay for that water
and be advised that the connection can only be used for fire
suppression. Mr. Anthony told the
Board that Cal-Am is working closely with District staff on completion of all
landscape irrigation water audits by January 15, 2010. He will provide an update at the January
28, 2010 Board meeting. |
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14. |
Monthly Report from California American Water
General Manager, Craig Anthony |
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Henrietta Stern, Project
Manager, presented the report. An
outline of Ms. Stern’s presentation is on file at the District office and can
be viewed at the District’s website. |
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15. |
Water Supply Project Alternatives Update |
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16. |
Water Conservation Program Report |
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GENERAL MANAGER’S REPORT |
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Darby Fuerst, General
Manager, presented the report. An
outline of the presentation is on file at the District office and can be
viewed at the District’s website. Mr.
Fuerst reported that for the period of October 1, 2009 through December 6,
2009, Cal-Am production from the |
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17. |
Status Report on |
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ATTORNEY’S REPORT |
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District Counsel Laredo
reported that on November 19, 2009, the Board discussed Cal-Am’s Application to the California
Public Utilities Commission (CPUC) No. 04-09-019. No reportable action was taken. On December 14, 2009, the Board discussed agenda
items A through I, and item 4. No
reportable action was taken. |
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18. |
Report
on November 19, 2009 and December 14, 2009, 5:30 PM Closed Sessions of the
Board |
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3. |
Conference with Legal Counsel – Existing Litigation
(Gov. Code 54945.9 (a)) |
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A. |
Application of California American Water Company
to the Public Utilities Commission Application No. 04-09-019 – Coastal Water
Project |
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B. |
Application
of California American Water Company to PUC Application No. 09-XX-XXX
–Mitigation Cost Reimbursement |
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C. |
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D. |
MPWMD v. State Water
Resources Control Board; Superior
Court Case No. M102101 |
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E. |
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F. |
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G. |
Sierra
Club, Carmel River Steelhead Association v. California American Water, Gary
Locke, Department Of Commerce, Dr. Jane Lubchenko (NOAA), and Rodney McInnis
(NMFS), (U.S. District Court, Northern District. Case No. 09 2870) |
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H. |
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I. |
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4. |
Public Employee Performance Evaluation (Gov. Code
54957) -- General Manager |
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5. |
Adjourn
to 7 PM Session |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Director Edwards thanked
voters in the City of |
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19. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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Director Edwards offered
a motion to adopt the staff recommendation:
(a) adopt the Findings of Approval; (b) approve Application #20090720GRE;
(c) authorize issuance of MPWMD Permit #S09-31-L4 and the Conditions of
Approval; and (d) direct staff to file a Notice of Exemption with the
Monterey County Clerk. The motion was
seconded by Director Pendergrass and adopted on a vote of 5 – 2. Directors Brower, Edwards, Lehman,
Pendergrass and Potter voted in favor of the motion. Directors Doyle and Markey were opposed. The following comments were
directed to the Board during the public hearing on this item. (1) Aaron
Bierman, hydrologist that conducted hydrogeologic testing required to
complete the water distribution permit application process for |
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20. |
Consider Approval of Application
#20090720GRE to Create Greek Orthodox Church Water Distribution System, APN
259-021-013 |
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Director Brower offered
a motion to adopt the first reading version of Ordinance No. 142. The motion was seconded by Director Potter
and approved unanimously on a vote of 7 – 0. No comments were directed
to the Board during the public hearing on this item. |
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21. |
Consider First Reading of Ordinance
No. 142 -- An Ordinance of the Board
of Directors of the Monterey Peninsula Water Management District Amending
Regulation XV, the Expanded Water Conservation and Standby Rationing Plan, to
Allow an Exception to the Mandatory Requirement for Implementation of Stage
5, 6, or 7 when a Final Cease and Desist Order is Issued |
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On a motion by Director
Pendergrass and second from Director Edwards, the January through March 2010
Quarterly Water Supply Strategy and Budget was adopted unanimously on a vote
of 7 – 0. No comments were directed
to the Board during the public hearing on this item. |
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22. |
Consider Adoption of
January through March 2010 Quarterly Water Supply Strategy and Budget |
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ACTION ITEMS |
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Director Potter made a
motion to receive the report. The
motion was seconded by Director Edwards. Director Brower offered
an amendment to the motion. He
proposed that the Ad Hoc Water Supply Planning Committee meet to discuss
options for moving ahead on development of the 95-10 Desalination Project. Directors Potter and Edwards agreed to the
amendment. The amended motion was
approved unanimously on a vote of 7 – 0. No comments were directed
to the Board during the public comment period on this item. |
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23. |
Receive Report on MPWMD 95-10 Desalination
Project |
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The Board took no action on
this item. Chair Markey noted that Eric Sabolsice, Operations
Manager for California American Water, gave a presentation on the company’s
Water Loss Management Program focused on reducing unaccounted-for water use
to limits set by regulators. The
presentation is on file at the District office and can be viewed on the MPWMD
website. He noted that Cal-Am’s goal is to reduce losses caused by main
leaks, storage leaks and overflows, and leaks on service connections up to
the customer meter. In response to questions
from the Board, Mr. Sabolsice stated the following. Cal-Am must meet the 9 percent goal set by
the CPUC, but will do everything possible to bring the rate of
unaccounted-for water use down as far as possible. Cal-Am has submitted a request to the CPUC
to approve local water rates that would provide funds for future improvements
to the water delivery system and replacement of leaking water mains. The priority is replacement of aging
infrastructure in The following comments were
directed to the Board during the public comment period on this item. (1)
George Riley, a resident of |
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24. |
Discussion of |
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Director Potter offered
a motion to elect Board officers for 2010 as follows: Chair, No comments were directed
to the Board during the public comment period on this item. Director Potter exited the
meeting following completion of item 25.
The Board then considered item 24. |
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25. |
Conduct Election of Board
Officers for 2010 |
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There was no discussion of
the Informational Items/Staff Reports. |
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INFORMATIONAL ITEMS/STAFF REPORTS |
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26. |
Letters Received |
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27. |
Committee
Reports |
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28. |
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29. |
Water
Conservation Program Report October 2009 |
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30. |
Monthly
Allocation Report |
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31. |
Monthly
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32. |
Monthly
Water Supply Status Report |
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The meeting was adjourned
at 9:30 PM |
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ADJOURN |
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U:\Arlene\word\2009\BoardMeetings\Minutes\FINAL121409.doc