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EXHIBIT 1-A |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District April 16, 2007 |
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The meeting was called to
order at 7 PM in the MPWMD Conference room. Board
members present: David
Pendergrass, Chair – Mayoral Representative Alvin
Edwards, Vice Chair – Division 1 Judi
Lehman – Division 2 Kristi
Markey – Division 3 Michelle
Knight – Division 4 Larry
Foy – Division 5 David
Potter – General
Manager present: David A. Berger District
Counsel present: David Laredo The assembly recited the
Pledge of Allegiance. The following comments were
directed to the Board during Oral Communications. (1) Christine Gianascol Kemp, representing Christo Bardis, urged
District staff to process a pre-application for a water distribution permit
submitted by Mr. Bardis in December 2006.
She expressed concern that the lengthy processing time will conflict with the On a motion by Director
Knight and second by Director Foy, the Consent Calendar was approved
unanimously on a vote of 7 - 0, except for Items 5, 5a and 6 that were pulled
for separate consideration. Approved. Approved. Approved. Approved. On a motion by Director
Lehman and second by Director Markey, the Board authorized the Board Chair to
send a letter in support of AB715 and AB1420.
The motion was approved unanimously on a vote of 7 – 0. On a motion by Director
Lehman and second by Director Knight, the Board authorized the Board Chair to
send a letter expressing support for AB 1260.
The motion was approved unanimously on a vote of 7 – 0. On a motion by Director
Knight and second by Director Foy, the Board received the report on a
unanimous vote of 7 – 0. Approved. General Manager Berger
presented the item. A summary of his
presentation is on file at the District office and is posted on the
District’s website. Henrietta Stern, Project
Manager, presented the report. A
summary is on file at the District office and is posted on the District’s
website. In response to comments by
Christine Gianascol Kemp and Christo Bardis during Oral Communications,
General Manager Berger advised the Board that two consultants have been
retained to assist with processing the backlog of water distribution system
pre-applications and applications.
Processing of the 12 applications received is nearly complete, so that
work can begin on processing the 33 pre-applications. They are processed on a first-come, first-served
priority basis. Mr. Bardis’ application is number 13 in line for processing.
Mr. Berger stated that if pre-applications continue to be submitted at the
present rate, he may request that additional staff be hired to meet the
increased workload. It would be
premature to hire new staff at this point. During the public comment
period on this item, the following comments were directed to the Board. (1)
David Dilworth, Executive Director of Helping Our Peninsula’s Environment
(HOPE), urged the Board to adopt an ordinance that suspends receipt of
applications for water distribution systems, due to the low-flow conditions
on the Darby Fuerst, Water
Resources Manager, presented the report.
A summary of his presentation is on file at the District office and is
posted on the District’s website. He
reported that between October 1, 2006 and April 11, 2007, California American
Water (CAW) production from the Stages 1 through 3 of the
Expanded Conservation and Mandatory Rationing Program are based on CAW
metered consumption compared to the SWRCB-based production limits. If CAW consumption is close to the
SWRCB-based limit, the Board could conduct a special meeting and impose Stage
3 conservation rules. Mr. Fuerst noted
that by the end of April, community water use could reach levels that might
prompt the Board to consider imposition of Stage 3 conservation rules. Stages 5 through 7 are based on carryover
storage in aquifers and reservoirs. On
May 1, 2007 staff will evaluate the amount of water that is in storage, to
determine if there is sufficient water
to meet community needs for 18 months.
If carryover storage is not sufficient, the community will be subject
to Stage 5 conservation requirements.
Mr. Fuerst reported that as
of April 1, 2007, 10 inches of rain have been recorded at San Clemente Dam,
compared to an average of 19 inches.
Rainfall is 54% of average for the year. Runoff measured at San Clemente Reservoir
was 9,850 AF, which is 20% of the expected average. Therefore, this has been classified as a
critically dry year. In response to
dry conditions, CAW has minimized production from San Clemente Dam to the
Narrows, so that production from wells in the upper Carmel Valley has been
reduced to .5 AF per second (30 AF per month) that must be provided to Carmel
Valley Village. The District met with
resource agencies and CAW to develop a plan that will maximize releases from
the reservoirs to ensure sustained flow through the early winter season. CAW will maximize production from the
Seaside Coastal Area. Total usable
storage in the Monterey Peninsula Water Resources System is 31,980 AF, and
1,500 AF of that is surface water. The following comments were
directed to the Board during the public comment period on this item. (1)
Roy Thomas, Carmel River Steelhead Association, recommended that water
from District Counsel Laredo
reported that the Board met with designated representatives regarding labor
negotiations. No reportable action was
taken. The Board also considered the six
items of existing litigation listed on the agenda. Direction was provided to staff and
Counsel, but no reportable action was taken. Chair Pendergrass reported
that he attended the Department of Ratepayer Advocates meeting on regional
water supply solutions. He noted that
the process is moving in the right direction.
He will attend the May 30, 2007 meeting. Director Markey announced that she will be
unable to attend the April 19, 2007 Board Strategic Planning Retreat, due to
a conflict with her work. Director Foy offered a
motion to approve the variance with
revised conditions submitted by staff that evening, and to schedule a
discussion at the May 21, 2007 Board meeting on the possibility of amending
the District’s regulations to allow installation of electronically monitored
in-line meters. The motion was
seconded by Director Potter and adopted on a motion of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass
and Potter voted in favor of the motion. Directors Lehman and Markey were
opposed. The following comments were
directed to the Board during the public hearing on this item. (1)
Doug Wiele, representing Foothill Partners, explained that the cost of
installing individual meters would be one-tenth of one percent of the project
budget, and is not the main reason for this variance request. The issues are aesthetics, and taking
advantage of new electronically monitored in-line meter technology that will
allow CAW and MPWMD staff to monitor individual tenant’s water use from their
desktop computers. Mr. Wiele stated
that he was in agreement with revised permit conditions and the
indemnification requirement. He stated
that if the Board was not in a position to grant the variance, Foothill
Partners would comply with Rule 23-A-1-i.
(2) Michael Albov,
representing Mr. Wiele, urged the Board to consider revising District Rule
23-A-1-i to allow installation of electronically monitored in-line
meters. He recommended that the Board
consider the practical aspects of the request and approve the variance. (3)
David Dilworth, HOPE, recommended that the Board revise Rule 23-A-1-i to
allow the installation of electronically monitored in-line meters, before
considering approval of the variance request.
Motion #1 -- Director
Knight made a motion to approve the targets and submit them to the Public
Utilities Commission along with the background information provided in the
staff report. The motion was seconded
by Director Edwards. Motion #2 -- Director
Lehman proposed a substitute motion to continue consideration of this item until
after the General Manager and Directors speak to the governing body of each
land use jurisdiction within the District on strategic water issues, as
authorized by the Board on March 19, 2007.
The motion was seconded by Director Markey and failed on a vote of 2 –
5. Directors Markey and Lehman voted
in favor of the motion. Directors
Edwards, Foy, Knight, Pendergrass and Potter voted against the motion. The vote was conducted
on Motion #1. It was approved on a
vote of 5 – 2. Directors Edwards, Foy,
Knight Pendergrass and Potter voted in favor of the motion. Directors Markey and Lehman were opposed. The following comments were
directed to the Board during the public hearing on this item. (1)
David Dilworth, HOPE, expressed opposition to the water targets. He stated that they were crafted to avoid a
public vote on a future water project. (2) Steve Leonard, CAW, stated that CAW’s
proposed Coastal Water Project would not provide water to meet the suggested
future water needs targets. The
project would not provide water for growth. On a motion by Director
Markey, and second of Director Lehman, Resolution 2007-03 was adopted on a
vote of 6 – 1. Directors Edwards,
Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Foy was opposed. No public comment was
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
at 9:45 PM in remembrance of the 32 persons that were killed at Virginia
Polytechnic Technological Institute and State University on April 16, 2007. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the March 19, 2007
Regular Board Meeting 2.
Consider Adoption of Resolution 2007-02 – Amending
Fees and Charges Table – Rule 60 3.
Consider Authorization of Funds to Contract with
Ventana Wildlife Society for Carmel River Avian Habitat Monitoring 4.
Authorize Expenditure of Budgeted Funds for Purchase
of a Storage Container for the Sleepy Hollow Steelhead Rearing Facility 5.
Consider Authorizing Board Chair to Send a Letter
Expressing Support for Legislation Sponsored by Assembly Member John Laird –
AB 715, Low Flow Water Fixtures and AB 1420, Water Conservation 5.a. Consider Authorizing Board Chair to Send a
Letter Expressing Support for Legislation Sponsored by Assembly Member Anna
Caballero – AB 1260, Local Governments Taxes, Fees, Assessments, and Charges
Notice 6.
Receive and File Water Year 2006 Seaside Basin
Aquifer Storage and Recovery Testing Summary Report 7.
Consider Adoption of Treasurer’s Report for February
2007 PRESENTATIONS 8.
Strategic Plan
Update 9.
Water Supply
Project Alternatives Update GENERAL MANAGER’S REPORT 10.
Status Report on California American Water
Compliance with State Water Resources Control Board Order 95-10 and Seaside
Groundwater Basin Adjudication Decision ATTORNEY’S REPORT 11.
Report on 5:30 PM Closed Session of the Board Conference with Labor Negotiators (Gov. Code 54957.6) Agency
Designated Representatives: Rick
Dickhaut, Cynthia Schmidlin, David A. Berger and Ellen Aldrich Employee
Organization: General Staff and
Management Staff Bargaining Units Represented by Laborer’s International
Union of North America, AFL CIO, (LIUNA/UPEC) Local 270 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. State Water Resources Control Board
Permit No. 7130B C. State Water
Resources Control Board Permit No. 20808 D. MPWMD v. Nick
Marotta, Jr., Gerda Marotta, and Does 1-100 – Monterey County Superior Court
Case NO. M83498 E. MPWMD v. Roy
Woods, Woods 1995 Trust, and Does 1-100 – Monterey County Superior Court Case
No. M83499 F. General Rate
Case (“GRC”) – Plan Revisions for Class A Water Utilities before the
California Public Utilities Commission (Application NO. 07-02-023) DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) 12.
Oral Reports on Activities of County, Cities, Other
Agencies/Committees/ Associations PUBLIC HEARINGS 13.
Consider Request for Variance from Water Meter
Requirements – (District Rule 23-A) – GLC Foothill Monterey LLC, 560 &
570 Munras Avenue, Monterey (APN 001-581-018) 14.
Receive Comments from Jurisdictions and Consider
Final Action on Proposed Yield Targets to Satisfy Current Replacement and
Future Water Needs of the Monterey Peninsula ACTION ITEMS 15.
Consider Adoption of Resolution 2007-03 – Amend
MPWMD Meeting Rules Establishing Annual Rotation of the Vice Chair into the
Position of Chair INFORMATIONAL ITEMS/STAFF REPORTS 16.
Letters Received 17.
Committee Reports 18.
Carmel River Fishery Report 19.
Water Conservation Program Report 20.
Monthly Allocation Report 21.
Monthly California American Water Production Report 22.
Monthly Water Supply Status Report 23.
Quarterly Water Supply Project Status Report 24.
Quarterly Irrigation Program and Riparian Projects
Report 25.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 26.
Quarterly Water Use Credit Transfer Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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