FINAL MINUTES

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

January 24, 2008

 

 

The meeting was called to order at 7:04 PM in the Conference Room of the Monterey Peninsula Water Management District office.

 

CALL TO ORDER/ROLL CALL

 

 

 

Directors Present:

 

 

Judi Lehman, Chair – Division 2

 

 

Kristi Markey, Vice Chair – Division 3

 

 

Alvin Edwards – Division 1

 

 

Regina Doyle – Division 4

 

 

Bob Brower – Division 5

 

 

David Pendergrass – Mayoral Representative

 

 

David Potter – Monterey County Board of Supervisors

 

 

 

 

 

Directors Absent:

 

 

None

 

 

 

 

 

General Manager present:  David A. Berger

 

 

 

 

 

District Counsel present:  David Laredo

 

 

 

 

 

The assembly recited the Pledge of Allegiance

 

PLEDGE OF ALLEGIANCE

 

 

 

During the Oral Communications period, Robert Greenwood, Carmel Valley Association expressed that given the January 15, 2008 communication from the State Water Resources Control Board (SWRCB) to California American Water (CAW), the Board should move forward with implementing a water supply project. 

 

ORAL COMMUNICATIONS

 

 

 

On a motion by Director Potter and second by Director Brower, the Consent Calendar was approved unanimously on a vote of

7 – 0.  Directors Brower, Doyle, Edwards, Lehman, Markey, Pendergrass and Potter voted in favor of the motion.

 

CONSENT CALENDAR

 

 

1.       Consider Adoption of Minutes of the December 10, 2007 Regular Board Meeting

 

 

2.       Ratify Board Committee Assignments for Calendar Year 2008

 

 

3.       Consider Adoption of Resolution 2008-01 -- Amend Table 2 of the MPWMD Rules and Regulations -- Non Residential Water Use Factors

 

 

4.       Consider Authorizing Board Chair to Send Letter to State Legislators Urging Protection of District Property Tax Revenues in Response to State’s Fiscal Problem

 

 

5.       Receive Notice of Director Brower’s Appointment of Vincent Frumkin to Carmel River Advisory Committee

 

 

6.       Consider Amendment to Technical Advisory Committee Charge Establishing a Process for Selection of Committee Chair and Vice Chair

 

 

7.       Consider Approval of First Quarter Investment Report

 

 

8.       Receive and File First Quarter Financial Activity Report for Fiscal Year 2007-2008

 

 

9.       Consider Approval of Annual Update on Investment Policy

 

 

10.    Consider Adoption of Treasurer's Report for  August 2007

 

 

11.    Consider Adoption of Treasurer's Report for September 2007

 

 

12.    Consider Adoption of Treasurer's Report for October 2007

 

 

 

 

 

PRESENTATIONS

Director Edwards presented a plaque to Director Pendergrass in appreciation of serving as the 2007 Board Chair.

 

13.    Presentation to Outgoing Board Chair, David Pendergrass

 

 

 

The report was presented by Henrietta Stern, Project Manager.  It is on file at the District office and can be viewed on the District’s website.

 

14.    Water Supply Project Alternatives Update

 

 

 

Chair Lehman thanked Mr. Bunosky for attending the meeting and for providing the presentation contained in the Board meeting packet.  Due to the full agenda, Chair Lehman stated that the CAW report would not be presented orally that evening.

 

15.    Presentation by Tom Bunosky, California American Water (CAW) Vice President and Monterey Division Interim Manager regarding CAW’s Preliminary General and Conservation Rate Cases for 2009-2011 Recently Filed with the California Public Utilities Commission

 

 

 

General Manager David Berger announced the District’s Open House scheduled for Thursday, February 7, 2008 from 4:00 to 6:30 PM at the District Office.

 

Mr. Berger welcomed and introduced Mr. Craig Anthony, newly-appointed Monterey District Manager for CAW.

 

GENERAL MANAGER’S REPORT

 

 

 

The report was presented by Darby Fuerst, Water Resources Manager.  It is on file at the District office and can be viewed on the District’s website.  Mr. Fuerst reported that between October 1, 2007 through January 23, 2008, CAW production from the Carmel River for customer use was 2,893 acre-feet, which was 151 acre-feet over the limit established as a result of State Water Resources Control Board Order WR 95-10.  During the same time period, CAW production from the Coastal Subareas of the Seaside Basin was 1,119 acre-feet, which was 192 acre-feet under the limit established in the Seaside Basin Adjudication.  Mr. Fuerst noted that the normal year-to-date rainfall received is 10.08 inches and the District is at 10.00 or 99 percent of the year-to-date average but rainfall needs to continue at this pace.  The yearly average is 21 inches, which means an additional 11 inches of rainfall is needed in order to have a normal water year.

 

16.    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

District Counsel Laredo reported that the Board met in Closed Session on December 10, 2007.   Status reports were provided to the Board.  No reportable action was taken.

 

17.    Report on December 10, 2007 Closed Session of the Board

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.       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 -- Monterey County Superior Court Case No. M83498

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

Report on January 24, 2008, 5:30     PM Closed Session of the Board

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.       Application of California -American Water Company to California Public Utilities Commission for a Special Conservation Program and Design Modifications Rate in its Monterey District  (Application No. 07- 12-010) – Conservation Program Application

 

 

D.       Application of California -American Water Company to California Public Utilities Commission for Authorization to Increase Revenues for Water Service in its Monterey District in the years 2009; 2010; and 2011 (Application No. 0 8 -__ -___) – General Rate Case

E.       Application of California-American Water Company to Authorize Support Services for its Monterey District to the California Public Utilities Commission (Application No. 08-   -   ) – General Office Application

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

G.       State Water Resources Control Board Permit No. 20808

H.       State Water Resources Cease and Desist Order WR 2008-00XX-DWR

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

District Counsel Laredo reported that the Board met in Closed Session on January 24, 2007.  Status reports were provided to the Board on all matters, and the Board took the following action on Item H.   On a motion by Director Brower and second by Director Edwards, the Board directed staff and Counsel to file a notice of intent to participate as a party in any SWRCB hearing on State Water Resources Control Board Cease and Desist Order WR 2008-00XX-DWR.  The motion was approved unanimously on a vote of 7 – 0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Director Doyle reported that she is appointing Clive Sanders to the Carmel River Advisory Committee.  Mr. Sanders will be replacing Marjorie Ingram Viales.  Director Pendergrass announced he attended the Division of Ratepayer Advocates (DRA) meeting on December 18, 2007 which discussed the regional water solution.  Director Lehman reported she also attended the DRA meeting on December 18, 2008.  At this meeting, a representative from the Moss Landing Harbor District read a letter into the record withdrawing their support from the MOU due to the water planning strategy not being inclusive of North County.  On January 15, 2008, Director Lehman attended the Monterey County Special District’s Association Quarterly meeting which has been receiving oral reports from different representatives from local Special Districts on what they are doing and challenges they face.  At this meeting, Director Lehman was elected to serve as Secretary and Treasurer.  On January 16, 2008 Director Lehman attended the Watermaster meeting upon which she was elected to serve as Secretary.

 

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

 

 

 

 

 

PUBLIC HEARINGS

On a motion by Director Edwards and second by Director Brower, the staff recommendation to adopt Ordinance No. 132 on second reading and incorporate items listed on the errata sheet submitted by District Counsel, was approved on a roll call vote of 4-3.  Directors Brower, Edwards, Pendergrass and Potter voted in favor of the motion.  Directors Doyle, Lehman and Markey were opposed.

 

19.    Consider Second Reading and Adoption of Ordinance No. 132 – Add a New Rule 23.6 to Establish a Water Entitlement for Sand City and Amend Rules 11, 21 and 23.1 to Reflect the Process for Issuing Water Use Permits

 

 

 

During the public comment period on this item, David Dilworth, representing Helping Our Peninsula’s Environment (HOPE) expressed opposition to the ordinance and emphasized the need for more environmental review and that the Board should inform the State Water Resources Control Board of this project.

 

 

 

 

 

Motion 1:  Director Edwards made a motion to table this item as a workshop discussion before the next budget is implemented.  The motion was second by Director Brower.

 

Motion 2:  Director Edwards modified his motion to include that staff assemble additional information but with no cost to the District. 

 

Chair Lehman requested that, in –lieu of considering the motion, this item be discussed at the budget workshop currently scheduled for May 22, 2008, for which there was Board consensus.

 

20.    Consider Establishment of Cloud Seeding Program in the Carmel River Watershed in 2008

 

 

 

During the public comment period on this item, Robert Greenwood, representing the Carmel Valley Association expressed that he does not agree with the Board moving forward with this project.  Robert Haney, retired professor of meteorology at the Naval Post Graduate School, cautioned the Board about the scientific complexities of Cloud Seeding and urged the Board to seek an independent evaluation of the merits of the proposed cloud seeding program before making a final decision.  David Dilworth, representing HOPE, expressed that the Board should not move forward with this project.

 

 

 

 

 

On a motion by Director Edwards and second by Director Markey, the staff recommendation to accept the draft Contingency Plan was approved unanimously by a 7-0 vote.

 

21.    Consider Adoption of Contingency Plan to Implement Stages 4 through 7 of the Expanded Conservation and Standby Rationing Plan in Case of Drought

 

 

 

During the public comment period on this item, David Dilworth urged the Board to not adopt the draft Contingency Plan, but instead to accept and discuss the report due to: 1) the large amount of information being presented; and 2) the public not having a chance to be well informed of the plan.  He asked the Board to revisit the Rationing Program so that the Board can establish a program that is in the best interest for the community. 

 

 

 

 

 

Director Brower made a motion to: 1) seek cost proposals from the engineering and environmental consultants to complete the Environmental Impact Report for the MPWMD Seawater Desalination Project at Sand City; 2) develop a timeline displaying the necessary steps involved to complete the project; and 3) to present this information at the March 27, 2008 Special Board Meeting.  The motion was seconded by Director Edwards.

The motion was approved unanimously on a vote of 7-0.

 

22.    Consider Request of Director Bob Brower to Direct Staff to Prepare a Report on the Status of the MPWMD Seawater Desalination Project at Sand City, for Review on a Future Board Agenda

 

 

 

During the public comment period on this item, David Dilworth, representing HOPE urged the Board to move forward with this project.  Robert Greenwood, Carmel Valley Association,

 

expressed his support for Director Brower’s request and urged the Board to move forward.

 

 

 

 

 

Motion 1:  Director Markey made a motion to decline the invitation to make a voluntary donation.  The motion was second by Director Doyle.

 

Motion 2:  Director Potter offered a substitute motion and asked the Board to continue this item to a future meeting and wait for the County’s decision on the issues of: 1) gift of public funds; and 2) the County’s position on a voluntary payment.  The motion was seconded by Director Edwards.  The motion was approved by a 6-1 vote.  Director Markey voted against the motion.

 

23.    Consider MPWMD Payment of Voluntary Assessment for Seaside Basin Watermaster Administrative Costs

 

 

 

During the public comment period on this item, David Dilworth expressed that he would like to see examples of what would, and would not be considered a gift of public funds.  He urged the Board to not move forward with the voluntary payment.

 

 

 

 

 

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

 

INFORMATIONAL ITEMS/STAFF REPORTS

 

 

24.    Letters Received

 

 

25.    Committee Reports

 

 

26.    Carmel River Fishery Report for December 2007 and January 2008

 

 

 

27.    Water Conservation Program Report

 

 

28.    Monthly Allocation Report

 

 

29.    Monthly California American Water Production Report

 

 

30.    Monthly Water Supply Status Report

 

 

31.    Quarterly Water Supply Project Status Report

 

 

32.    Quarterly Irrigation Program and Riparian Projects Report

 

 

33.    Quarterly Carmel River Erosion Protection and Restoration Projects Report

 

 

34.    Quarterly Water Use Credit Transfer Status Report

 

 

 

The meeting was adjourned at 10:12 PM.

 

ADJOURNMENT

 

 

 

 

 

 

 

 

 

 

Arlene Tavani, Deputy District Secretary

 

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