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FINAL MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District November 19, 2007 |
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The meeting was called to
order at 7 PM in the Conference Room of the Monterey Peninsula Water
Management District office. Directors Present: David
Potter – Directors Absent: None General Manager present: David A. Berger District Counsel present: The
assembly recited the Pledge of Allegiance No
comments were directed to the Board during Oral Communications. On
a motion by Director Knight and second by Director Edwards, the Consent
Calendar was approved unanimously with a correction to the minutes of the
October 15, 2007 Board meeting as outlined below under item 1. Approved with a correction
to the minutes of the October 15, 2007 Board meeting. Page 5 of the minutes, paragraph 3 was
amended to reflect that Directors Lehman and Markey were opposed to the
motion to approve water distribution system applications related to the Sand
City Water Supply Project. Approved. Approved. Approved. Approved.
Approved. 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. Catherine Bowie and The audience previewed a
video developed by District staff that describes the programs and projects
carried out by the MPWMD. The video
will be used for public information purposes.
District Counsel Laredo
reported that the Board met in Closed Session. Status reports were provided to the Board. No reportable action was taken. Director Lehman reported
that she represented the District at the November 7, 2007 meeting of the
Seaside Groundwater Basin Watermaster, and that she would submit a short
report for inclusion in the weekly letter from the General Manager to the
Board of Directors. Chair Pendergrass
announced that the Seaside Groundwater Basin Watermaster submitted its annual
report to the Monterey County Superior Court as required in the adjudication
decision. Director Knight thanked the
Board and District staff for their cooperation over the past four years. She expressed confidence in the ability of
the Board to continue competent management of local water resources. Director Pendergrass thanked Directors Foy
and Knight for their participation on the Board over the past four years. Chair Pendergrass made a
declaration prior to the staff presentation on this item stating that he has
no financial interest in the water supply project, neither does he have any
other conflicts; therefore, he would participate in the discussion and vote
on the issue. Director Edwards made a
motion to approve the first reading of Ordinance No. 132 with an amendment
that APN 011-501-014 be deleted from the definition of properties that would
benefit from the brackish water desalination project. The motion was seconded by Director Foy. Director Potter proposed
the following amendments: (1) the ordinance include a requirement that
production be monitored to account for water savings caused by the project;
(2) that the amount of project water utilized by water permits be reported to
the Board; and (3) that the Board be apprised if there is an interruption in
the brackish water source. Directors
Edwards and Foy agreed to the amendments. The amended motion was
adopted by roll-call on a vote of 6 – 1.
Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted
in favor of the motion. Director
Markey was opposed. Chair Pendergrass announced
that two letters were received just prior to the meeting expressing
opposition to proposed Ordinance No. 132:
(1) letter received at 5:30 PM from Jim Heisinger,
General Counsel for the City of Sand City, addressed the Board during the
public hearing on this item. He
commended District staff and the MPWMD Rules and Regulations Review Committee
on development of the staff report and ordinance. He expressed support for the staff
recommendation to approve first reading of Ordinance No. 132. Mr. Heisinger responded to a series of
questions from the Board. He agreed
that the City of Sand City could concur with the suggestion from the Board
that the draft ordinance be amended to specify that APN 011-501-014 would be
excluded from the area identified to receive water from the Sand City
project. Mr. Heisinger stated that
the City of Sand City would not object to the establishment of requirements
that the City report to the District on desalination plant operations and
production. On a motion by Director
Knight and second by Director Edwards, the staff recommendation to adopt the
IRWMP was approved unanimously on a roll-call vote of 7 – 0. The following comments were
directed to the Board during the public comment period on this item. (1)
Bill Phillips, Monterey County Water Resources Agency (MCWRA), urged the
Board to adopt the IRWMP. He stated
that the MCWRA was scheduled to adopt the IRWMP in December. (2)
Tom Reese, representing the City of Robert Greenwood addressed
the Board during the public comment period on this item. He opined that there is insufficient time
to evaluate the feasibility of cloud seeding and obtain permits for a project
this year. He recommended the District
investigate the feasibility of cloud seeding for a future winter season. On a motion by Director
Markey and second by Director Lehman the Board unanimously approved the staff
recommendation to: (1) authorize completion of the Phase 1 ASR Project on a
pay-as-you-go basis; (2) authorize a one-time exception to the 5% established
minimum for the general operating reserve for this purpose; and (3) direct
staff apply the 1.2% User Fee increase adopted in 2005 towards the cost of
the Phase 1 ASR Project until reimbursed in full. The motion was approved on a roll-call vote
of 7 – 0. No comments were directed to the Board
during the public comment period on this item. On a motion by Director
Potter and second by Director Markey, the Strategic Planning Session was
scheduled for February 13, 2008. The
motion was adopted on a roll call vote of 6 – 0. Directors Edwards, Knight, Lehman, Markey,
Pendergrass and Potter voted in favor of the motion. Director Foy was not present for the vote. No comments were 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 a
approximately 10:45 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the August 30, 2007
Special Meeting/Workshop and Regular Board Meeting of October 15, 2007 2.
Confirm Designation of 3.
Consider Expenditure of Budgeted Funds for Water
Conservation Advertising 4.
Consider Expenditure of Budgeted Funds for Water
Saving Devices and Water Conservation Materials 5.
Consider Expenditure of Budgeted Funds to Sponsor a 6.
Consider Expenditure of Budgeted Funds to Amend
Contract with RAMLIT Associates for Computer Modeling Services for Fiscal
Year 2007-08 PRESENTATIONS 7.
Strategic Plan Update
8.
Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT 9.
Status Report on 10.
Update on Conservation Program from Catherina Bowie
of
11.
Preview of the New MPWMD Video 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 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. Application of California American Water Company
to the Public
Utilities Commission Application No. 07-__- ___ -- General
Rate Case D. State Water Resources Control
Board Permit No. 7130B E. State
Water Resources Control
Board Permit No. 20808 F. MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does
1-100 -- G. MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- 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 First ACTION ITEMS 15.
Consider Adoption of Integrated Regional Water
Management Plan (IRWMP) for the
16.
Receive Analysis on Feasibility of Cloud Seeding in
the 17.
Review Funding Alternatives and Consider Pay-As-You-Go
Approach for Completion of Phase 1 of the Aquifer Storage and Recovery
Project
18.
Set Date for February 13, 2008 Strategic Planning
Session INFORMATIONAL ITEMS/STAFF REPORTS 19.
Letters Received 20.
Committee Reports 21.
22.
Water Conservation Program Report 23.
Monthly Allocation Report 24.
Monthly 25.
Monthly Water Supply Status Report 26.
Quarterly Water Supply Project Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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