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EXHIBIT 1-A_ |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District November 21, 2011 |
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The meeting was called to
order at 7:00 p.m. in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Robert S. Brower, Sr., Chair
-- Division 5 Brenda Lewis – Division 1
(Participated by phone) Kristi Markey – Division 3
(Arrived at 7:05 pm) David Pendergrass – Mayoral
Representative Dave Potter, Vice Chair –
Monterey County Board of Supervisors Directors Absent: Judi Lehman – Division 2 General Manager present: David J.
Stoldt District Counsel present: David Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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The
following persons addressed the Board during Oral Communications. (1)
George Riley representing Citizens for Public Water requested that the
District fast-track development of phases 3 and 4 of the Aquifer Storage and
Recovery (ASR) project, to coincide with installation of a new pipeline by
California American Water (Cal-Am) that will extend from the City of Pacific Grove to the City of Seaside and provide an improved delivery system for
the water associated with expanded ASR.
(2) Ed Mitchell presented a
due-diligence analysis of the water supply project options presented at the October
26, 2011 water forum conducted by the City of Monterey. The analysis was comprised of: (a) a due
diligence matrix that weighted 5 water projects based on seven factors, and (b)
a due diligence comparison of the 5 water projects with expanded information,
claims made by the project proponents and evaluator judgment. He requested that the District issue an RFI
for competitors to provide the sub-factors needed to complete an analysis,
and then select a program that is considered to have the best chance of
success with manageable known risks. (3) Helen Rucker, resident of
Seaside, urged the Board to conduct an analysis of all water project options that
are proposed. She stated that local
voters look to the MPWMD Board to analyze and select a solution that will
benefit the community. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Potter and second by Director Pendergrass, the Consent Calendar was adopted
unanimously on a vote of 6 - 0, with the exception of Item 8 that was pulled
for separate action. Directors Potter, Pendergrass, Doyle,
Markey, Brower and Lewis voted in favor of the motion. Director Lehman was absent. |
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CONSENT CALENDAR |
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Adopted. |
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1. |
Consider Adoption of Minutes of the October 17, 2011
Regular Board Meeting |
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Adopted. |
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2. |
Expenditure of Reimbursable Funds to Purchase Water
Conservation Equipment and Supplies |
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Adopted. |
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3. |
Expenditure of Budgeted Funds for Standard License
Agreement with CoreLogic Information Solutions, Inc. |
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Adopted. |
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4. |
Expenditure of Budgeted Funds to Amend Contract with
Pueblo Water Resources for FY 2011-12 Hydrogeologic and Engineering Services
on Seaside Basin Aquifer Storage and Recovery Projects: (A) Water Project
1; (B) Water Project 2 |
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Adopted. |
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5. |
Expenditure of Budgeted (Reimbursable) Funds to
Contract for Preparation of the Seaside Basin Salt-Nutrient Management Plan
as Part of Integrated Regional Water Management Plan for the Monterey
Peninsula, Carmel Bay and Southern Monterey Bay |
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Adopted. |
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6. |
Authorization of Memorandum of Understanding for
Water Loan for Aquifer Storage and Recovery Testing from Marina Coast Water
District |
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Adopted. |
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7. |
Receive Notice of Appointment to Carmel River Advisory Committee |
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Director Markey offered
a motion that was seconded by Director Doyle, to defer this item to the
December 12, 2011 Board meeting. The
motion was adopted on a vote of 5 – 1.
Directors Markey, Doyle, Brower, Pendergrass and Potter voted in favor
of the motion. Director Lewis was opposed. Director Lehman was absent for the vote. Chair
Brower requested that this issue be presented as an Action item at the
December 12, 2011 Board meeting. |
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8. |
Consider Adoption of Revised Meeting Rules Regarding
Board Conference Attendance/Travel |
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Adopted. |
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9. |
Consider Adoption of Resolution No. 2011-13
Expressing Appreciation to Regina Doyle for her Service as Director, MPWMD
Voter Division 4 |
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PRESENTATIONS |
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Chairperson Brower
presented the Resolution of Appreciation to Director Doyle and thanked her
for the time and effort she expended towards representing Division 4. Directors Markey and Potter commended
Director Doyle for her hard work and support for water conservation
measures. Director Doyle stated that
she had a wonderful time working with the staff and directors during her
term. |
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10. |
Present Resolution of
Appreciation to Regina Doyle, Director Division 4 |
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Stephanie Pintar, Water
Demand Manager, presented the report.
A summary is on file at the District office and can be viewed on the
District’s website. |
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11. |
Water Conservation Program Report |
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GENERAL MANAGER’S REPORT |
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David Stoldt, 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. He
reported that based on one month of data reflecting the first month of the
water year, total production for the Cal-Am Water Distribution System was 151
acre-feet below the production target of 1,177 acre-feet. October rainfall was 233% of average, and
unimpaired Carmel River flow in the same time period was 221% of average. |
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12. |
Status Report on |
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General Manager Stoldt
provided a brief summary of the report presented as item 13 in the Board
packet. He announced that the November
21, 2011 meeting of the Regional Desalination O&M Committee had been
cancelled. Chair Brower requested that the MPWMD
website be updated on the first day that aquifer storage and recovery
operations begin, so that current information is available to the public on
that project. |
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13. |
Update on Development of Water Supply Project
Alternatives Including Recycled Water |
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ATTORNEY’S REPORT |
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District Counsel reported
that he provided status reports on all issues listed under items 3 and 4 on
the Closed Session agenda. The Board
provided general direction, but no reportable action was taken. |
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14. |
Report
on 5:30 pm Closed Session of the Board |
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3. |
Conference with Legal
Counsel – Existing Litigation (Gov. Code 54956.9 (a)) |
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A. |
MPWMD v. State Water Resources Control Board;
Superior Court Case No. 1-10-CV-163328
-- Cease and Desist Order |
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B. |
Application of California American Water Company to
CPUC Application No.10-01-012 – User Fee Collection |
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C. |
Application
of California American Water to the CPUC (Application No. 04-09-019) Coastal Water Project |
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4. |
Conference
with Real Property Negotiator (Gov. Code 54956.9) |
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Property: |
All or a portion of APN 417-051-004, APN
418-191-043, APN 418-191-005, APN 418-191-035, APN 418-191-034, APN
418-191-080 |
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Negotiator: |
David J. Stoldt |
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Under Negotiation: |
Price and terms of payment |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Chairperson Brower reported
that he addressed the Carmel Valley Chamber of Commerce and provided an
update on the status of the District’s five water supply project
alternatives. |
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15. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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Director Pendergrass
offered a motion that was seconded by Director Potter, that the Board adopt
the staff recommendation to: (a) reconfirm the “complete” letters; (b)
instruct staff to proceed with processing the water distribution permits for
Flores Well #1 and Pisenti Well #2; and (c) any potential changes to District
procedures will be referred to the Rules and Regulations Review Committee and
not be applied retroactively in this case.
The motion was adopted on a vote of 4 – 2. Directors Pendergrass, Potter, Brower and
Markey voted in favor of the motion.
Directors Doyle and Lewis were opposed. Director Lehman was absent. The following opening
statements were presented. (1) Molly Erickson, attorney for the
appellants David and Judy Beech, stated that her clients request that their
well be tested in the manner prescribed by MPWMD regulations. She noted that the completeness letter for
the Flores and Pisenti wells was issued after the Beech’s initial appeal. She presented evidence as to why the
Flores and Pisenti well tests should be redone and requested that the testing
be based on actual recovery utilizing a procedure outlined in her
presentation. A summary of Ms. Erickson’s
comments is available on the District’s website and at the District
office. Ms. Erickson requested an
opportunity to respond to comments that would be made by staff. (2)
Paul Flores stated that Mr. Beech refused to cooperate with him during
the year on scheduling a well test, and has used the legal system and appeals
to delay issuance of the water distribution system permit. He requested that the Board approve
completeness of the applications. (3) Aaron Bierman, hydrologist for
Flores and Pisenti, stated that results of well tests indicate that pumping
at the Flores and Pisenti wells does not affect neighboring wells. He
requested that the Board approve completeness of the Flores and Pisenti
applications. (4) Molly Erickson announced that Mr. and Mrs. Beech would modify
their requested action by removing the words “or two-foot” from the request
that the Flores /Pisenti Well #1 and #2 be retested as follows “95% or
two-foot recovery.” The following comments were
presented during the public hearing on this item. (1)
George Riley supported the request for a retest of the wells, due to the
concern about the long-term viability of wells in fractured rock formations. (2)
Ed Mitchell encouraged the Board to authorize a retest of the wells, and
test for 95% recovery over a 6-day period.
(3) Aaron Bierman noted
that the Pisenti well was monitored over a 3-week period during the peak
irrigation season of June, and there was no indication of connectivity with
the Beech well. |
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16. |
Consider
Appeal of General Manager Determination of “Complete” Applications for Flores
(Well #1) and Pisenti (Well #2) Water Distribution Systems (Well #1: Application #20110401FLO on APN 103-071-002 at 564 Monhollan Road,
Monterey; Well #2: Application
#20110401PIS on APN 103-071-019 at 577 Monhollan Road, Monterey) |
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No Action items were
presented for Board consideration. |
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ACTION ITEMS |
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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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17. |
Letters Received |
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18. |
Committee Reports |
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19. |
Carmel River Fishery Report for October 2011 |
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20. |
Water Conservation Program Report |
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21. |
Monthly Allocation Report |
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22. |
Monthly California American Water Production Report |
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23. |
Monthly Water Supply Status Report |
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The meeting was adjourned
at 9:05 pm. |
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ADJOURNMENT |
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Arlene M. Tavani, Deputy Secretary to the Board
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