EXHIBIT 1-A

 

DRAFT MINUTES

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

June 22, 2006

 

 

The meeting was called to order at 7 PM in the Boardroom of the Monterey Regional Water Pollution Control Agency offices.

 

Board members present:

Michelle Knight, Chair – Division 4

Judi Lehman, Vice Chair – Division 2

Alvin Edwards – Division 1

Kristi Markey – Division 3 (Participated by telephone from Lexington, MA)

Larry Foy – Division 5

David Pendergrass – Mayoral Representative

 

Board members absent:

David Potter – Monterey County Board of Supervisors

 

General Manager present:  David A. Berger

 

District Counsel present:  David C. Laredo

 

The assembly recited the Pledge of Allegiance.

 

The following persons addressed the Board during Oral Communications.  (1) Robert Greenwood, representing the Carmel Valley Association, spoke to Consent Calendar item 8.  He asked why District staff had requested funding for a consultant to review water distribution system applications, when there were already qualified persons on staff to complete that work.  Henrietta Stern responded that the District’s registered hydrologist is busy with development of the Aquifer Storage and Recovery project.  Hiring a consultant would reduce the time applicants must wait for their water distribution system applications to be processed.  (2) Linda Agerbak, resident of Carmel Valley, noted that Director Foy has a residence in Arizona.  She questioned his ability to represent Division 5 while living in Arizona.  Director Foy stated that he owns a home in Arizona; but most of his time is spent in Carmel Valley and that  is his official residence and where he is a registered voter. 

 

On a motion by Director Foy and second by Director Pendergrass, the Board adopted agenda items 1 through 4 and 12 and 13.  Items 5 – 11 were adopted subject to action taken on Public Hearing Item 19.  The motion was approved on a vote of 6 – 0.  Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass.  Director Potter was absent.

 

 

 

Approved.

 

 

 

 

 

 

 

Approved.

 

 

 

 

 

 

Approved.

 

 

 

 

Approved.

 

 

 

 

 

 

 

 

 

 

 

Approved subject to action taken on Public Hearing Item 19.

 

 

 

Approved subject to action taken on Public Hearing Item 19.

 

 

 

 

 

 

Approved subject to action taken on Public Hearing Item 19.

 

 

 

 

 

 

 

 

 

 

Approved subject to action taken on Public Hearing Item 19.

 

 

 

 

 

 

Approved subject to action taken on Public Hearing Item 19.

 

 

 

 

 

 

 

Approved subject to action taken on Public Hearing Item 19

 

 

 

 

Approved subject to action taken on Public Hearing Item 19.

 

 

 

 

Approved.

 

 

 

 

Approved.

 

 

 

 

Henrietta Stern, Project Manager, presented the report.  A summary is on file at the District office and on the District’s website.  Ms. Stern reported that certification of the Final EIR on the Aquifer Storage and Recovery Project should occur in August 2006.

 

Chair Knight presented the resolution to David Dettman.  Mr. Dettman thanked the current Board and previous Boards for the opportunity to resolve the continuing conflict in California between the needs of water for people and fish. 

 

 

 

The report was presented by Darby Fuerst, Senior Hydrologist.  A summary is on file at the District office and on the District’s website.  Mr. Fuerst reported that between October 2005 and June 18, 2006, California American Water (Cal Am) produced 7,110 acre-feet of water from the Carmel River.  Production from the Carmel River is 536 acre-feet under the State Water Resources Control Board limit.

 

District Counsel provided reports to the Board on items A, B, C and D.  No reportable action was taken.   The Board did not discuss items E, F and G.  A discussion was conducted on item 4, however; no action was taken.  That item was continued to a 6 PM closed session on Thursday, June 29, 2006.   Mr. Laredo announced that he would not be in attendance at the July 17, 2006 Board meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chair Knight announced that the District and Cal Am were awarded the 2006 Public/Private Major Economic Development Award for development of the Aquifer Storage and Recovery Project.  The award was presented by the Monterey County Business Council at the June 22, 2006, 3rd Annual Economic Forum.   Larry Foy stated that it was a pleasure to be present at the Forum and witness the District’s receipt of the Public/Private Major Economic Development Award.  Mr. Foy announced that he also attended the Association of Monterey Bay Area Governments’ May 18, 2006, Water Forum and found it to be very informative.

 

 

On a motion of Director Edwards and second by Director Foy, the FY 2006-2007 MPWMD Budget was adopted by the Board on a vote of 6 – 0.   Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the motion.  Director Potter was absent.  No public comment was directed to the Board during the public hearing on this item.

 

On a motion by Director Pendergrass and second by Director Edwards, the July through September 2006 Quarterly Water Supply Strategy and Budget was approved on a vote of 6 – 0.  Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the motion.  Director Potter was absent.  No public comment was directed to the Board during the public hearing on this item.

 

On a motion by Director Foy and second by Director Edwards, the Board voted to adopt the Negative Declaration and approve the First Reading of Ordinance No. 124.  The motion was approved by roll call on a vote of 6 – 0.  Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the motion.  Director Potter was absent.  No public comment was directed to the Board during the public hearing on this item.

 

On a motion by Director Edwards and second by Director Foy, the Board voted to adopt the Negative Declaration and approve the First Reading of Ordinance No. 125.  The motion was approved by roll call on a vote of 6 – 0.  Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the motion.  Director Potter was absent.  No public comment was directed to the Board during the public hearing on this item.

 

 

 

Director Edwards offered a motion to refer development of a committee charge to the Public Outreach Committee.  The motion was seconded by Director Lehman.

 

Director Edwards moved to amend the motion.  He requested that community groups who expressed an interest in participating on the committee be invited to the Public Outreach Committee and provide input at that meeting on their views of what the committee charge should entail.  The revised charge should be brought back to the Board for consideration as soon as possible.  Director Lehman concurred with the amendment.  The amended motion was adopted on a vote of 6 – 0.  Directors Edwards, Foy, Lehman, Knight, Markey and Pendergrass voted in favor of the motion.  Director Potter was absent.

 

The following comments were directed to the Board during the public comment period on this item.  (1) Robert Greenwood, representing the Carmel Valley Association, noted that a five-person committee would not be representative of the community.  He suggested that the committee consist of ten persons.  (2)  Linda Agerbak, a resident of Carmel Valley, suggested that committee membership consist of all groups that expressed an interest in participating.

 

There was no discussion of the Informational Items/Staff Reports.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The meeting was adjourned at approximately 9:40 PM.

 

 

CALL TO ORDER/ROLL CALL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEDGE OF ALLEGIANCE

 

ORAL COMMUNICATIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONSENT CALENDAR

 

 

 

 

 

 

 

 

 

1.                   Consider Adoption of Minutes of the May 15, 2006 Regular Board Meeting, and March 23, May 18 and May 25, 2006 Special Meeting/Board Workshops

 

2.                   Consider Adoption of Resolution 2006-02 Commending David H. Dettman upon his Retirement for 24 Years of Service to the District

 

3.                   Consider Ratification of Appointments to the Carmel River Advisory Committee

 

4.                   Consider Approval of 2006 Annual Memorandum of Agreement for Releases and Diversions from San Clemente Reservoir between California American Water, California Department of Fish and Game and MPWMD

 

5.                   Consider Authorization of Funds to Contract for Limited-Term Field Positions

 

6.                   Authorize Expenditure of Budgeted Funds to Contract for Strategic Planning and Goal Setting Facilitation Services by Snider and Associates

 

7.                   Authorize Expenditure of Budgeted Funds to Amend Contract with Jones & Stokes Associates for Preparation of EIR/EA on Phase 1 Aquifer Storage and Recovery Project

 

 

 

8.                   Authorize Expenditure of Budgeted Funds for Contract with Padre Associates to Provide Hydrologic Review for Water Distribution Systems in FY 2006-2007

 

9.                   Authorize Expenditure of Budgeted Funds for Contract Renewal with IDias Consulting for Water Distribution System Permitting Assistance in FY 2006-2007

 

10.                Authorize Renewal of Two-Year Legal Services Agreement with De Lay and Laredo

 

11.                Consider Adoption of Article XIII(B) Appropriations Limit for Fiscal Year 2006-07

 

12.                Receive and File Third Quarter Financial Activity Report for Fiscal Year 2005-06

 

13.                Consider Adoption of Treasurer’s Report for April 2006

 

PRESENTATIONS

14.                Water Supply Project Alternatives Update

 

 

 

 

15.                Present Resolution of Commendation to David Dettman Upon his Retirement from the District

 

GENERAL MANAGER’S REPORT

16.                Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10

 

ATTORNEY’S REPORT

17.                Report on 5:30 PM Closed Session of the Board

1.          Public Comment

2.          Adjourn to Closed Session

3.          Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))

A.      Application of California American Water Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project

B.       Application of California American Water Company to the Public Utilities Commission Application No. 04-02-012 – General Rate Case

C.       State Water Resources Control Board Permit No. 7130B

D.      State Water Resources Control Board Permit No. 20808

E.       Save Our Carmel River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD Board; and the City of Monterey:  Monterey County Superior Court Case No. M72061

F.       Save Our Carmel River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD Board; and the City of Seaside; Monterey County Superior Court Case No. M72877

G.      Save Our Waterfront Committee v. City of Monterey, et. al: Monterey County Superior Court Case No. M 78054

4.          Conference with Labor Negotiators (Gov. Code 54957.6)

          Agency Designated Representatives:  Ellen Aldridge, Rick Dickhaut, Cynthia Schmidlin, David A. Berger

Employee Organization:  General and Management Bargaining Units represented by Laborer’s International Union of North America, AFL-CIO, (LIUNA/UPEC) Local 270

5.       Adjourn to 7 PM Session

 

 

DIRECTORS’ REPORTS

18.                Oral Reports on Activities of County, Cities, Other Agencies/Committees/ Associations

 

 

 

 

 

 

 

PUBLIC HEARINGS

19.                Consider Adoption of Proposed FY 2006-2007 MPWMD Budget

 

 

 

 

20.                Consider Adoption of July through September 2006 Quarterly Water Supply Strategy and Budget

 

 

 

 

21.                Consider Adoption of Negative Declaration and Approve First Reading of Ordinance 124 – Water Distribution System Regulation Amendment Ordinance (Rule 20-C)

 

22.                Consider Adoption of Proposed Negative Declaration and First Reading of Ordinance No. 125 – Clarifying Rules Related to Water Permits and Water Credits

 

ACTION ITEMS

23.                Report to Board on Community Interest in Participation on a Community Advisory Committee (CAC) and Consider Approval of Committee Charge

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INFORMATIONAL ITEMS/STAFF REPORTS

24.                Letters Received

25.                Committee Reports

26.                Strategic Planning Initiatives Progress Report

27.                Carmel River Fishery Report

28.                Water Conservation Program Report

29.                Monthly Allocation Report

30.                Monthly California American Water Production Report

31.                Monthly Water Supply Status Report

 

ADJOURNMENT

 

 

                                                                                    ____________________________________

                                                                                    David A. Berger, Secretary to the Board

 

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