Exhibit 24-A
FINAL
MINUTES
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
April 28,
2005, 10:00 A.M. Mid-Carmel Valley Fire
Station Community Room
1. CALL TO ORDER/ROLL CALL
MEMBERS
PRESENT: John Dalessio, David Dilworth, Clive Sanders, Tom House, and Larry Levine
MEMBERS ABSENT: Susan Rogers, Richard H. Rosenthal
PUBLIC
PRESENT: Margaret Robbins
STAFF PRESENT: Andy Bell, Thomas Christensen, and Larry Hampson
2. PUBLIC COMMENT
Margaret Robbins, a resident of Rio Road, expressed concern about proposed developments in the 100-year floodplain in the Rio Road area of the Carmel River.
Committee Member Comments
Larry Levine circulated a flier for a May 4, 2005 presentation by the United Nations Association on ocean conservation.
[Note: the following information was subsequently received in an e-mail from Larry Levine:
This was a program presented by the Monterey Bay Chapter of the United Nations Association, entitled: "Water for Life: The Health of the World's Oceans and Drinking Water". The speakers were Julie Packard of the Monterey Bay Aquarium and Vanessa Tobin, Director of Water and Sanitation for UNICEF, who came from NY for the program.
The program was hosted by the International Environmental Policy Program of the Monterey Institute of International Studies, and had collaboration from about twenty diverse public, nonprofit and business organizations, most concerned with water and the environment. One of these was the MPWMD, also Monterey County Water Resources Agency, Sierra Club, Save Our Shores, etc.
It was a great program, with about 160 people attending.]
John Dalessio stated the Committee should have a process to place an item on a current agenda for consideration without having to bring the item up at a previous Committee meeting. He also stated that Committee should consider supporting Alvin Edwards effort for a credendum on public/private ownership of California American Water and requested that the item be placed on the next agenda.
David Dilworth stated that a referendum concerning public ownership of California American Water is a political issue and not related to the mission of the Committee. He also said that the
3. CONSENT CALENDAR – Larry Levine made a motion to approve the minutes as presented from the February 10, 2005 Regular Meeting. Seconded by Clive Sanders. Approval was unanimous.
4. UPDATE ON CARMEL RIVER WATERSHED COUNCIL ACTIVITIES –
Clive Sanders stated that:
a. The State Water Resources Control Board had accepted the Carmel River Watershed Assessment and Action Plan and that the Region 3 Regional Water Quality Control Board had recommended approval of the Action Plan. The Action Plan contained 51 recommended actions, but these were not prioritized. The CRWC will hold additional meetings to prioritize actions. The CRWC would like public agencies and the general public to support the prioritization process and subsequent recommended actions.
b. Danny Marquis, District Conservationist for the United States Department of Agriculture (USDA) Natural Resources Conservancy Service (NRCS), is involved in working with landowners in the Carmel River watershed who control parcels of 50,000 acres or more on a land management program through a USDA grazing practices and water quality program.
c. CRWC is looking for funds and volunteers to carry out a sediment monitoring program in Carmel River watershed creeks. CRWC is working with the Big Sur Land Trust on several proposed projects to secure grant funding.
d. The Carmel River Watershed Council was dissolved on April 6, 2005 by a consensus of the stakeholders. Mr. Sanders cited a lack of volunteers who were able to donate their time and actively participate in the Council as a factor in the dissolution and noted that many of the Council volunteers are more than 70 years old. He also stated that the Sierra Club did not support the Watershed Assessment because of the makeup of the stakeholder group.
e. The Carmel River Watershed Conservancy will meet on May 6, 2005 to consider a reorganization or dissolution of the conservancy.
f. Mr. Sanders stated that he would like to see a CRAC member on the Carmel River Watershed Conservancy (CRWC).
Mr. Dilworth asked what the NRCS study area is and if information would be made public. Mr. Sanders said the CRWC is working to obtain information, but that the landowners are concerned that sensitive species may be found on their properties. Mr. Dilworth noted that CRWC had no enforcement capabilities and did not use a “carrot and stick” approach to accomplish its mission. Mr. Dilworth expressed regret that the Carmel River Watershed Council was dissolved and then paraphrased an e-mail he received from a friend quoting Jim Brittel (Devil’s Dictionary), which described that there is more evidence of Endangered Species Act (ESA) violations along the Carmel River than any place in California and that forming a watershed council is like substituting school children’s studies and experiments for Federal environmental enforcement. Mr. Dilworth questioned whether the CRWC may have failed due to its lack of ability to enforce regulations.[1]
Mr. Sanders stated that the CRWC had chosen not to act in an enforcement capacity and that [according to a representative of] NOAA [Fisheries, or the National Oceanic and Atmospheric Administration Fisheries Service], they could not police all ESA violations. So, the CRWC had volunteered to police themselves. The CRWC activities included publishing a layman’s explanation of [ESA Section] 4-d rules [promulgated by NOAA Fisheries to protect steelhead]. Mr. Sanders stated that the “carrot” for landowners was to organize a group to secure grants to carry out watershed projects.
5.
DISCUSS SUPPORT OF THE CARMEL RIVER WATERSHED
CONSERVANCY
Mr. Sanders stated that the CRWC needs an opportunity to continue work in the watershed and suggested that the CRWC Board should be a diverse group. He suggested that a member of the Committee or MPWMD Board of Directors should be on the CRWC Board.
Mr. Levine stated that a CRAC member may not represent the interest of the entire MPWMD.
Mr. Dilworth questioned whether the representative should be an elected official or a member of staff.
Mr. Sanders said he would prefer to see a staff member on the Board of the CRWC.
Mr. Dalessio made a motion for a paid member of staff to represent MPWMD on the CRWC Board. Mr. Sanders seconded the motion.
Mr. Bell stated he was concerned with potential conflicts of interest between MPWMD staff and the CRWC.
Mr. Levine summarized the options as:
- MPWMD could assign a staff member to the CRWC Board.
- A MPWMD staff member could volunteer outside of work hours to be on the CRWC Board.
- MPWMD could assign a staff member to a Technical Advisory Committee to the CRWC Board.
- A member of the CRAC could volunteer to be on the CRWC Board.
Mr. Dalessio made a motion
that:
a. The
Committee request the MPWMD Board of Director take action to participate in the
mission of the CRWC Board of Directors and in a way the MPWMD Board deems
appropriate.
b. The
Committee appoint Clive Sanders to make the request to the MPWMD Board.
Mr. House seconded the
motion. Approval was unanimous.
6.
PRESENTATION BY MPWMD STAFF ON MPWMD BOARD ACTION
CONCERNING THE DEVELOPMENT OF AN INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN
AND APPLICATIONS FOR PROPOSITION 50 GRANT FUNDS
Mr. Hampson updated the Committee regarding this item. Mr. Levine suggested that County Service Area 50 flood control projects be included in a grant application to the State.
7. STAFF REPORTS – Mr. Dilworth asked if a Federal Emergency Management Agency (FEMA) representative would make a presentation about the update being carried out to the Carmel Valley Flood Insurance Study and he stated that the Crossroads Shopping Center and Arroyo and Riverwood condominiums should never have been built.
8. ITEMS TO
BE PLACED ON FUTURE AGENDAS
The following items were requested for the next meeting:
a.) DISCUSS CRITERIA AND PROCESS FOR PLACING ITEMS ON CARMEL RIVER ADVISORY COMMITTEE MEETING AGENDAS
b.) DISCUSS DISTRICT-WIDE ELECTION REGARDING INVESTIGATION OF PUBLIC ACQUISITION OF THE CALIFORNIA AMERICAN WATER DISTRIBUTION SYSTEM, COASTAL DIVISION, MONTEREY DISTRICT
c.) DISCUSS PUBLIC TOUR OF THE MPWMD-SPONSORED ALL SAINTS RESTORATION PROJECT
d.) DISCUSS RECOMMENDATION TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FISHERIES SERVICE TO INCLUDE SAMPLES FROM THE CARMEL RIVER IN THE MONTEREY BAY "FIRST FLUSH" STORMWATER SAMPLING PROGRAM
e.) INVITE A REPRESENTATIVE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO EXPLAIN THE CARMEL VALLEY FLOOD INSURANCE PROGRAM
f.) PRESENTATION BY NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FISHERIES SERVICE ON CARMEL RIVER ISSUES
Mr. Dilworth disagreed that item b.) should be agendized. Mr. Levine said such a discussion should include how a change to the ownership of the water distribution system would affect the Carmel River.
The next meeting was scheduled for July 7,
2005. [Note: the meeting was
subsequently rescheduled to August 4, 2005 to allow staff to complete a Prop 50
grant application due on July 14, 2005.]
9. ADJOURNMENT
Mr. Dilworth adjourned the meeting at 12:30 p.m.
U:\staff\word\boardpacket\2005\2005boardpackets\20051212\InfoItems\24\item24_exh24a.doc
[1]. Mr. Dilworth later submitted documents concerning these statements that are contained in Exhibit A of the meeting packet for the November 17, 2005 regular Committee meeting.