EXHIBIT 1-A

 

DRAFT  MINUTES

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

February 25, 2010

 

The meeting was called to order at 7:00 PM in the District Conference Room. 

 

 

CALL TO ORDER/ROLL CALL

Directors Present:

Regina Doyle, Chair -- Division 4

Bob Brower, Vice Chair – Division 5

Alvin Edwards – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

David Pendergrass – Mayoral Representative

David PotterMonterey County Board of Supervisors

 

Directors Absent:  None

 

General Manager present:  Darby Fuerst

 

District Counsel present:  David C. Laredo

 

 

 

The assembly recited the Pledge of Allegiance.

 

Chair Doyle moved announced that agenda item 19 would be moved up on the agenda to be heard prior to item 16.

 

PLEDGE OF ALLEGIANCE

 

 

 

The following persons addressed the Board during Oral Communications.  (1) Clive Sanders, Carmel River Watershed Conservancy, asked the Board to approve the installation of a sonic fish counting device in the Carmel River.   (2) Hank Smith, Carmel River Steelhead Association, advocated for the installation of a sonic fish counting device in the Carmel River.  He noted that the device would count fish that do not pass over the fish counter at San Clemente Dam.

 

Chair Doyle requested that the purchase/installation of a sonic fish counting device be referred back to the Administrative Committee.

 

ORAL COMMUNICATIONS

 

 

 

On a motion by Director Markey and second by Director Edwards, the Consent Calendar was approved unanimously on a vote of 7 – 0.

 

 

CONSENT CALENDAR

Approved.

 

1.

Consider Adoption of Minutes of the January 28, 2010 Regular Board Meeting

Approved.

 

2.

Consider Adoption of Revised Charge to the Ad Hoc Water Supply Planning Committee

 

Approved.

 

3.

Consider Expenditure of Budgeted Funds to Purchase a Website Software License for Water Wise Gardening in Monterey County

Approved.

 

4.

Consider Expenditure of Budgeted Funds to Sponsor May 2010 Monterey County Water Awareness Day Event

Approved.

 

5.

Consider Expenditure of  Budgeted Funds for the Maintenance of the Fish Rescue Truck

Approved.

 

6.

Consider Expenditure of Budgeted Funds for Preparation of a Ten-Year Summary Report on the District's Benthic Macroinvertebrate Sampling Program

Approved.

 

7.

Consider Expenditure of Budgeted Funds for Construction of Phase 1 Aquifer Storage and Recovery Project Facility Building

Approved.

 

8.

Consider Adoption of Treasurer's Report for  October 2009

Approved.

 

9.

Consider Adoption of Treasurer's Report for November 2009

 

 

 

 

 

 

PRESENTATIONS

Catherine Bowie, Manager of External Affairs for California American Water, provided information on the water-rate increase that became effective in February 2010.  Eric Sabolsice, Operations Manager, reported that use of non-revenue water has been reduced due to system improvements, and increased awareness by the public that unauthorized access from a fire hydrant is a crime.  A summary of their presentations is on file at the District office, and can be viewed on the District website.

 

 

10.

Monthly Report from California American Water General Manager, Craig Anthony

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.  

 

 

11.

Update on Development of Water Supply Project Alternatives Including Recycled Water

Stephanie Pintar, Water Demand Manager, presented the report.  An outline of Ms. Pintar’s presentation is on file at the District office and can be viewed at the District’s website. 

 

12.

Water Conservation Program Report

 

 

 

 

 

GENERAL MANAGER’S REPORT

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 February 21, 2010, Cal-Am production from the Carmel River Basin was 701 acre-feet under the production target of 3,946 acre-feet established as a result of State Water Resources Control Board (SWRCB) Order 95-10.    Production from the Coastal Subareas of the Seaside Basin was 130 acre-feet under the production target of 1,050 acre-feet established by the Seaside Groundwater Basin Adjudication.  Production from the Laguna Seca Subarea was 67 acre-feet over the production target of 71 acre-feet established by the Seaside Groundwater Basin Adjudication.  Therefore, total Cal-Am production from the Seaside Basin was 63 AF under the adjudication target of 1,121 AF.  Rainfall over the same time period was recorded as 18.8 inches, which is above the average of 15.6 inches.

 

13.

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

Mr. Laredo reported that discussion at the Closed Sessions of February 5 and February 25, 2010 focused on item A.  Status reports were provided to the Board.  No reportable action was taken.  Mr. Laredo introduced Alex Lorca, Associate Attorney for the firm of DeLay & Laredo.

 

14.

Report on February 5, 2010 and February 25, 2010 Closed Sessions of the Board

 

 

 

3.

Conference with Legal Counsel – Existing Litigation (Gov. Code 54945.9 (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 PUC Application No. 10-01-012 –Mitigation Cost Reimbursement  

 

 

 

C.

Seaside v. California American Water  (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)  

 

 

 

D.

MPWMD v. State Water Resources Control Board; Superior Court Case No. M102101

 

 

 

E.

California American Water v. State Water Resources Control Board, Superior Court Case No.  M102097

 

 

 

F.

California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)

 

 

 

 

G.

California American Water v. MPWMD (Ryan Ranch) (Superior Court Case No. M 101255)

 

 

 

 

 

 

 

 

 

 

 

 

DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)

Director Brower reported that he attended the Association of California Water Agencies conference in Washington, D.C.  Representatives from the offices of California legislators John Garamendi, Devin Nunes, Ken Calvert and Tom McClintock addressed the conference attendees.  Director Lehman reported that she received a telephone call from Colonel Darcy A. Brewer, Presidio of Monterey Garrison Commander, regarding proposed projects for the Presidio.  District Counsel Laredo confirmed that Directors are required to report conversations with applicants only when the topic of discussion is scheduled for Board consideration.

 

15.

Oral Report on Activities of County, Cities, Other Agencies/Committees/ Associations

 

 

 

 

 

PUBLIC HEARINGS

Director Brower offered a motion to adopt the Mid-Year FY 2009-2010 Budget Adjustment.  The motion was seconded by Director Edwards.

 

The motion was amended by Director Brower, with the consent of Director Edwards, to include $125,000 in the budget for expenses that could be incurred for development of the 95-10 Desalination Project.  The motion was adopted unanimously on a vote of 7 – 0.

 

No comments were directed to the Board during the public hearing on this item.

 

16.

Consider Adoption of Mid-Year FY 2009--2010 Budget Adjustment

 

 

 

 

 

 

 

ACTION ITEMS

On a motion by Director Pendergrass and second by Director Edwards, Resolution 2010-01 was unanimously approved by the Board on a vote of 7 – 0. 

 

Roger Dolan, a local consulting engineer, expressed support for Resolution 2010-01 during the public comment period on this item. 

 

17.

Consider Adoption of Resolution 2010-01 Expressing Support for the Proposed Monterey Regional Water Supply Program (Regional Project)

 

 

 

 

 

A motion was offered by Director Markey and seconded by Director Lehman, that the District take a leadership role in doing all that is necessary to ensure that funds provided in the March 3, 2009, Settlement Agreement between California American Water, National Marine Fisheries Service and the California Department of Fish and Game are allocated to local projects that will benefit Carmel River steelhead. This includes seeking intervention at the State or Federal level, with the assistance of the District’s legislative advocate.  This matter should be referred to the Legislative Advocacy Committee to develop a plan for achieving this goal.  The motion was adopted unanimously on a vote of 7 – 0.

 

No comments were directed to the Board during the public comment period on this item.

 

18.

Consider Recommendation from the Carmel River Advisory Committee on Funding Carmel River Fishery Projects

 

 

 

 

 

On a motion by Director Edwards, and second by Director Markey, the Board approved the new logo design unanimously on a vote of 7 – 0.   

 

No public comment was directed to the Board during the public comment period on this item.

 

19

Consider Approval of New MPWMD Logo Design

 

 

 

 

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

 

INFORMATIONAL ITEMS/STAFF REPORTS

 

 

20.

Letters Received

 

 

21.

Committee Reports

 

 

22.

Monthly Carmel River Fishery Report

 

 

23.

Monthly Water Conservation Program Report

 

 

24.

Monthly Allocation Report

 

 

25.

Monthly California American Water Production Report

 

 

26.

Monthly Water Supply Status Report

 

 

27.

Semi-Annual Groundwater Quality Monitoring Report

 

 

28.

Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project

 

 

 

The meeting was adjourned at 8:40 PM.

 

ADJOURN

           

 

 

___________________________________

                                                                                    Darby Fuerst, Secretary to the Board

 

 

 

 

 

 

 

 

 

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