FINAL MINUTES

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

August 20, 2007

 

The meeting was called to order at 7 PM in the District conference room.

 

Directors present:

David Pendergrass, Chair – Mayoral Representative

Judi Lehman – Division 2

Kristi Markey – Division 3

Michelle Knight – Division 4

Larry Foy – Division 5

 

Directors absent:

Alvin Edwards – Division 1

David Potter – Monterey County Board of Supervisors

 

General Manager present:  David A. Berger

 

District Counsel present:  David Laredo

 

The assembly recited the Pledge of Allegiance.

 

The following persons addressed the Board during Oral Communications. (1) Lance Monosoff introduced himself as a candidate for the November 6, 2007 election in District 5.  (2) Regina Doyle introduced herself as a candidate for the November 6, 2007 election in District 4.

 

On a motion by Director Foy and second by Director Knight, the Consent Calendar was approved except for Item 3 that was pulled for separate consideration.   The motion to approve was adopted unanimously on a vote of 5 – 0.  Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion.  Directors Edwards and Potter were absent from the meeting.

 

Approved.

 

 

 

Approved

 

 

 

 

 

On a motion by Director Markey and second by Director Lehman, the Board unanimously approved an expenditure of a not-to-exceed amount of $30,000 to conduct a survey of the Carmel River channel and cross-sections.  The motion was approved on a vote of 5 – 0.  Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion.  Directors Edwards and Potter were absent from the meeting.

Chair Pendergrass announced that item 17, Consider Report and Recommendation from Administrative Committee on Campaign Finance Reporting Regulations would be continued to the September 17, 2007 meeting when all Directors would be present.    No persons addressed the Board during the public comment period on this item.

 

Approved.

 

 

 

 

 

 

 

 

 

 

 

Approved.

 

 

Bill Leahy, Executive Director and Donna Meyer, Conservation Program Director for the Big Sur Land Trust addressed the Board.  An outline of the presentation is on file at the District office and can be viewed at the District’s website.

 

General Manager Berger presented an update on progress the District has made towards completion of the goals and objectives listed in the Strategic Plan.  An outline of the presentation is on file at the District office and can be viewed at the District’s website.

 

Henrietta Stern, Project Manager, gave a report on progress made on development of water supply project alternatives.  An outline of the presentation is on file at the District office and can be viewed at the District’s website.

 

Catherine Bowie and Stephanie Pintar presented an update to the Board.  An outline of the presentation is on file at the District office and can be viewed at the District’s website.

 

 

 

The report was presented by Darby Fuerst, Water Resources Division Manager.  An outline of the presentation is on file at the District office and can be viewed on the District’s website.  He reported that California American Water (CAW) production from the Carmel River between October 1, 2006 and August 15, 2007 was 8,834 acre-feet (AF), which is 589 AF under the limit established by State Water Resources Control Board (SWRCB) Order 95-10.  CAW production from the Coastal and Laguna Seca Subareas of the Seaside Basin during the same period was 9 AF over the 3,115 AF limit established by the Seaside Basin Adjudication.   During the discussion following Mr. Fuerst’s presentation, Chair Pendergrass requested that staff present a report at a future meeting on the feasibility of cloud seeding in the Carmel River watershed.

 

There was no discussion or action taken on this item.  The report was presented in writing in the Board packet.

 

 

 

 

 

District Counsel Laredo reported that the meeting was called to order at 5:30 PM.  Directors Foy, Lehman, Markey, Knight, Pendergrass and Potter were present.  Director Edwards was absent.  No public comment was presented and the meeting was adjourned to closed session.  During the closed session, District Counsel provided the Board with a report on items 3.A through 3.F.  No action was taken on items 3.A, B, E and F.   Regarding items C and D, the Board unanimously endorsed a settlement proposal in conjunction with CAW, NOAA Fisheries and the California Department of Fish and Game.  If the SWRCB accepts the settlement proposal, it would enable issuance of water rights permits for the Phase 1 Aquifer Storage and Recovery Project (ASR).  The hearing before the SWRCB on that matter was set for September 24 and 25, 2007.  The pre-hearing conference set for August 21, 2007 was cancelled, pending further discussions on the settlement.  Regarding item 4, no reportable action was taken.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Director Knight, MPWMD representative to the Seaside Groundwater Basin Watermaster, reported that the Watermaster now provides a monthly report on water production within the Seaside Groundwater Basin.  She noted that the contract for Bob Jaques, Technical Program Manager for the Watermaster, is still under review.  Chair Pendergrass thanked Director Potter, who is a member of the California Coastal Commission, for his support before the Commission on issuance of permits for construction of monitor wells by the Watermaster.

 

 

Director Foy made a motion that was seconded by Director Knight, to adopt Ordinance No. 129 on second reading and direct staff to file a Notice of Exemption for the ordinance.  The motion was approved unanimously on a vote of 5 – 0.  Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion.  Directors Edwards and Potter were absent from the meeting. 

 

During the public hearing on this item, George Riley, a resident of Monterey, addressed the Board.  He suggested that the District extend the rebate to persons who are replacing a qualifying water saving device with a new model.  The rule proposes to offer a rebate for the initial purchase of a qualifying water saving device, not for replacement of an existing water saving device.  

 

 

On a motion by Director Lehman and second by Director Foy, the Board voted unanimously to refer this issue to the Rules and Regulations Committee for further refinement and presentation to the Board possibly at the September 17, 2007 meeting.  Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion.  Directors Edwards and Potter were absent from the meeting.   No comments were directed to the Board during the public comment period on this item.

 

Director Foy made a motion to appoint the Board Chair as representative to the Leadership Task Force and the Vice Chair as alternate.  The motion was seconded by Director Knight

 

Director Markey proposed that the motion be amended to state that if the Board Chair declines to serve as representative to the Leadership Task Force, the Vice Chair would be appointed as the representative and the Chair would serve as alternate.  If both the Chair and Vice Chair declined to serve, the Board would make the appointment.  Directors Foy and Knight accepted the amendment.  The amended motion was approved unanimously on a vote of 5 – 0.  Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor of the motion.  Directors Edwards and Potter were absent from the meeting.   No comments were directed to the Board during the public comment period on this item.

 

Chair Pendergrass deferred the item to the September 17, 2007 Board meeting when all seven Directors would be present to consider the issue.

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The meeting was adjourned at 9:20 PM.

 

 

CALL TO ORDER/ROLL CALL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEDGE OF ALLEGIANCE

 

ORAL COMMUNICATIONS

 

 

 

 

 

CONSENT CALENDAR

 

 

 

 

 

 

1.       Consider Adoption of Minutes of the July 16, 2007 Regular Board Meeting

 

2.       Consider Extension of Cooperative Agreement with the United States Geological Survey (USGS) for Streamflow Gaging in Water Year 2008

 

3.       Consider Expenditure of Budgeted Funds to Conduct Survey of Carmel River Channel Profile and Cross-Sections

 

 

 

 

 

 

 

 

 

 

4.       Consider Adoption of Resolution 2007-13 – A Resolution of the Board of Directors of the Monterey Peninsula Water Management District Approving the Form of and Authorizing the Execution and Delivery of a Sixth Amended Joint Powers Agreement Relating to the California Special District Risk Management Authority

 

5.       Consider Approval of a Fourth Quarter Investment Report

 

PRESENTATIONS

6.       Report from Bill Leahy and Donna Meyers of the Big Sur Land Trust on the Carmel River Parkway Plan

 

 

7.       Strategic Plan Update

 

 

 

 

 

8.       Water Supply Project Alternatives Update

 

 

 

9.       Update on Conservation Program from Catherine Bowie of California American Water and Stephanie Pintar of MPWMD

 

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

 

 

 

 

 

 

 

 

 

11.    Report on Emergency Procurement of 30 Horsepower Motor for the Cooling Tower at Sleepy Hollow Steelhead Rearing Facility

 

ATTORNEY’S REPORT

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

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

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

                  B.    Application of California                 American Water Company                 to the California Public                 Utilities Commission --                 Application No. 07-02-023                 -- Allowance for Funds                 Used During Construction                 (AFUDC) for its San                    Clemente Dam                               Memorandum Account

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

                  D.    State Water Resources                 Control Board Permit No.                 20808

                  E.    MPWMD v. Nick Marotta,                 Jr., Gerda Marotta, and                       Does 1-100 -- Monterey                 County Superior Court                       Case No. M83498

                  F.    MPWMD v. Roy Woods,                 Woods 1995 Trust, and                 Does 1-100 -- Monterey                 County Superior Court                       Case No. M83499

          4.    Public Employees Performance Evaluation (Gov. Code 54957) – General

 

          5.     Adjourn to 7 PM Session

 

 

 

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

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

 

 

 

 

 

 

 

PUBLIC HEARINGS

14.    Consider Second Reading and Adoption of Ordinance No. 129 – An Ordinance of the Monterey Peninsula Water Management District Adding the Rebate Program to the Rules and Regulations of the District, Amending the Rebate Amounts, Excluding Areas within the District that Receive Water from Water Distribution Systems Not Regulated by the District from the Rebate Program, and Adding Rebates for Certain Water Saving Irrigation System Retrofits

 

ACTION ITEMS

15.    Consider Development of an Ordinance that would Amend the Process by which the District Enforces its Rules and Regulations

 

 

 

 

16.    Appoint Representative to the Monterey Bay Regional Water Solutions Leadership Task Force

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17.    Consider Report and Recommendations from Administrative Committee on Campaign Finance Reporting Regulations (Continued from May 21, 2007 Board meeting)

 

INFORMATIONAL ITEMS/STAFF REPORTS

18.    Letters Received

19.    Committee Reports

20.    Carmel River Fishery Report

21.    Water Conservation Program Report

22.    Monthly Allocation Report

23.    Monthly California American Water Production Report

24.    Monthly Water Supply Status Report

25.    Semi-Annual Ground Water Quality Monitoring Report

 

ADJOURNMENT

 

 

 

                                                                                                                ___________________________________________

                                                                                                                David A. Berger, Secretary to the Board

 

 

 

 

 

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