FINAL MINUTES
Regular Meeting
Board of Directors
Monterey Peninsula Water
Management District
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The
meeting was called to order at 7:00 PM in the Seaside City Council Chambers. Board
members present: Kris
Lindstrom, Chair – Division 4 Alexander
Henson, Vice Chair – Division 5 Alvin
Edwards – Division 1 Judi
Lehman – Division 2 Molly
Erickson – Division 3 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors Board
members absent: None District
staff present: Ernesto
A. Avila – General Manager Rick
Dickhaut – Chief Financial Officer Cynthia
Schmidlin – Human Resources Specialist Henrietta
Stern – Project Manager Darby
Fuerst – Senior Hydrologist Joe
Oliver – Water Resources Manager David
Dettman – Senior Fisheries Biologist Arlene
Tavani – Executive Assistant District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. The following persons addressed the Board during the Oral Communications period. (1) Robert Zampatti, Carmel River Steelhead Association, asked if he should present comments on item 15, or wait until the Board considered the item. (2) David Dilworth, Helping Our Peninsula’s Environment (HOPE), announced that the United Nations Committee on Economic, Cultural and Social Rights released a statement declaring that water should not be treated as an economic commodity. He provided the Board with a summary of the statement and an article from the November 2002 issue of Mother Jones magazine regarding privatization of water distribution systems. On
a motion by Director Pendergrass and second by Director Edwards, the Consent
Calendar was approved unanimously on a vote of 7 – 0. Approved. Approved. Approved. Approved. Henrietta
Stern, Project Manager, stated that the report would be presented to the
Board on January 30, 2002. She
suggested that a special Board workshop be scheduled to receive the Draft
Carmel River Flow Threshold Report and the associated engineering study General
Manager Avila reported that he met with the general managers of the Marina
Coast Water District, Monterey County Water Resources Agency and the Fort Ord
Reuse Authority (FORA). The managers
agreed that they should meet with the FORA Board of Directors on February 7,
2003 to educate them about the different responsibilities and functions of
the agencies that have jurisdiction over the former Fort Ord area. Agency representatives will confer on
development of the presentation prior to the February 7, 2003 meeting. On January 30, 2003 the MPWMD Board of
Directors will have the opportunity to review and comment on the
presentation. District
Counsel Laredo reported that on November 18, 2002, District staff and Counsel
updated the Board on items listed on the agenda for that meeting, but no
action was taken. Chair
Lindstrom reported that at the November 18, 2002, 5 PM Closed Session, the
Board conducted the General Manager’s performance review. No action was taken. Director
Edwards asked for a status report on the Seaside Basin Test Injection Well
Project. General Manager Avila
reported that District staff was working to resolve issues raised by
individuals that protested the District’s application to the State Water Resources
Control Board (SWRCB) for a temporary urgency permit to withdraw water from
the Carmel River for injection into the Seaside basin. The goal was to resolve the issues as
quickly as possible so injection could begin early in 2003, if river flow conditions
were adequate. Director Erickson
stated that in 2003 she would like to see significant progress on two
strategic planning initiatives: Revise
the Water Permit Process, and Increase Innovative and Effective Conservation
Practices. On
a motion by Director Henson and second by Director Edwards, the January
through March 2003 Quarterly Water Supply Strategy and Budget was approved on
a vote of 7 – 0. During
the public hearing on this item, David Dilworth, representing HOPE, requested
that District staff provide a summary of actual production from each water
source at the end of the October through December 2002 period. On a motion by Director Henson and second by Director Erickson, the following staff recommendation was approved on a vote of 5 – 2: (1) adopt the second reading version of Ordinance No. 105; (2) issue a request for proposals for consultant services to help District staff reduce back-logged production limit assignments and assist with new applications; (3) adopt a funding plan for implementation of Ordinance No. 105; (4) proceed with an update of current MPWMD agreements regarding Fort Ord; and (5) revise the Implementation Guidelines for Regulation of Water Distribution Systems. Directors Erickson, Henson, Lehman, Lindstrom and Potter voted in favor of the motion. Directors Edwards and Pendergrass voted against the motion. During
the public hearing on this item, the following comments were directed to the
Board. (1) Robert Greenwood,
Carmel Valley Association, expressed support for adoption of the
ordinance. (2) David Dilworth,
HOPE, indicated support for the ordinance but stated that it should regulate
“more territory.” The
Memorandum of Understanding was approved unanimously on a motion by Director
Potter and second by Director Henson. No
comments were directed to the Board during the public comment period on this
item. The
Memorandum of Understanding was approved unanimously on a motion by Director
Potter and second by Director Erickson. During
the public comment period on this item, Tim McCormick, representing Laborer’s
International Union of North America (LIUNA), advised the Board that the
health insurance plan offered by LIUNA represented a major cost savings to
the District. The
Memorandum of Understanding was approved unanimously on a motion by Director
Erickson and second by Director Henson. During
the public comment period on this item, David Dilworth asked that positions
included in the Confidential Unit be identified. General Manager Avila noted that the
positions are: Chief Financial Officer,
Human Resources Analyst and Executive Assistant. Director Henson made a motion that was seconded by Director Potter, to approve execution of a contract with List Engineering Company for preparation of a Sleepy Hollow Steelhead Rearing Facility retrofit project alternatives analysis for an amount not to exceed $125,000. The report should be completed by January 2003, and at that time the Board will be asked to consider selection of a final retrofit project alternative. The motion was approved unanimously on a vote of 7 – 0. The
following comments were directed to the Board during the public comment
period on this item. (1) Robert
Greenwood suggested that it might be possible to operate the project
efficiently with a small stilling basin.
(2) Roy Thomas, Carmel River Steelhead Association (CRSA),
suggested that the cost for this project might be reduced through cooperation
with California-American Water Company (Cal-Am). (3) Robert Zampatti, CRSA, urged
the Board to approve the project proposed by District staff. (4) David Dilworth expressed
concerns about the high cost of the proposed project. He stated that the information presented
did not include important details. Mr.
Dilworth urged the Board to undertake a review of the eight design concepts
that were mentioned in David Dettman’s oral presentation. (5) Clive Sanders, CRSA, urged the
Board to approve the staff recommendation in order to solve the existing
problems at the rearing facility. The meeting was adjourned at 8:50 PM and reconvened at 9 PM. On
a motion by Director Henson and second by Director Erickson, the Board
authorized the General Manager to execute a contract with Jones & Stokes
Associates for an amount not to exceed $153,339. The motion was approved on a vote of 5 –
2. Directors Erickson, Henson,
Lehman, Lindstrom and Potter voted in favor of the motion. Directors Edwards and Pendergrass voted in
opposition to the motion. No comments were directed to
the Board during the public comment period on this item. Director
Henson requested that this item be tabled.
He suggested that District staff gather information on the purchase
price of other water companies that have been sold, in order to determine a
preliminary estimate of the cost to purchase California-American Water
Company, Monterey Division, facilities.
The Board took no further action on this item. David
Dilworth addressed the Board during the public comment period on this
item. He referred to sections of the
October 21, 1999 issue of the Coast Weekly newspaper that discussed
Cal-Am and he submitted a copy for Board review. On a motion by Director Erickson and second by Director Potter, the Board unanimously elected Director Henson to assume the position of Chair. On
a motion by Director Henson and second by Director Potter, the Board
unanimously elected Director Lehman to the position of Vice Chair. On
a motion by Director Erickson and second by Director Henson, the Board
unanimously elected Rick Dickhaut to the position of Treasurer. On
a motion by Director Erickson and second by Director Potter, the Board
unanimously elected Ernesto A. Avila to the position of Secretary. No
comments were directed to the Board during the public comment period on this
item. There
was no discussion by the Board regarding these items. The
Board did not meet in closed session. The
meeting was adjourned at 9:25 PM. |
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CALL TO ORDER/ROLL CALLPLEDGE OF ALLEGIANCEORAL COMMUNICATIONSCONSENT CALENDAR1.
Consider Approval of Minutes from the November
14, 2002 Strategic Planning Session and the Regular Board Meeting of November
18, 2002 2.
Receive Draft Report on 2002 Injection Testing
Program and Authorize Funds for 2003 Injection Testing Program 3.
Receive Final Phase III Report on Laguna Seca
Subarea 4.
Consider Adoption of Treasurer’s Report for
October 2002 GENERAL
MANAGERS REPORT 5.
Update on Carmel River Flow Threshold Report 6.
Fort Ord Reuse Authority Water Summit Proposal
– February 2003 ATTORNEY’S REPORT 7. Report
on Closed Session of November 18, 2002, 10 PM Session DIRECTORS’ REPORTS 8.
Report from Chair Lindstrom on Closed Session
of November 18, 2002, 5 PM Session 9.
Board Comments and Referrals PUBLIC HEARINGS 10.
Consider Adoption of January through March
2003 Quarterly Water Supply Strategy and Budget 11.
Consider Second Reading of Ordinance No. 105 –
Amending Rules and Regulations Governing Water Distribution Systems 12.
Consider Adoption of a Resolution Implementing
a Memorandum of Understanding Between the Monterey Peninsula Water Management
District and the General Staff Bargaining Unit 13.
Consider Adoption of a Resolution Implementing
a Memorandum of Understanding Between the Monterey Peninsula Water Management
District and the Management Staff Bargaining Unit 14.
Consider Adoption of a Memorandum of
Understanding Between the Monterey Peninsula Water Management District and
the Confidential Staff Bargaining Unit 15.
Receive Report on Sleepy Hollow Steelhead
Rearing Facility and Authorize Implementation of Sediment Mitigation Project 16.
Authorize Contract with Jones & Stokes for
Technical Assistance to Facilitate Public Outreach and Environmental Review
for Interim Ordinances Regarding Seaside Ground Water Basin Management 17.
Receive an Update on the Purchase of the
Monterey Division of the California-American Water Company 18.
Consider Nominations for Board Chair and
Vice-Chair for 2003 and Conduct Elections for Board Officers INFORMATIONAL
ITEMS/STAFF REPORTS 19.
Letters Received 20.
Committee Reports 21.
Strategic Planning Initiatives Progress Report 22.
Monthly Water Supply Project Progress Report 23.
Carmel River Fishery Report 24.
Water Conservation program Report 25.
Water Use Credit Transfer Status Report 26.
Monthly Allocation Report 27.
Monthly Cal-Am Sales Report 28.
Monthly Cal-Am Production Report 29.
Production Report – CAWD/PBCSD Wastewater
Reclamation Project 30.
Monthly Water Supply Status Report 31.
Report on First Quarter Financial Activity 32.
Report on District Newsletter Email ADJOURN TO CLOSED SESSION 33.
Conference with Legal Counsel – Anticipated
Litigation – Significant Exposure to Litigation Exists Pursuant to
Subdivision (b) (3) (D) of Gov. Code Section 54956.9 (One Case) 34.
Conference with Legal Counsel – Existing
Litigation (Gov. Code Section 54956.9) A. California-American Water Company Application 02-04-022 to the Public Utilities Commission for Authority to Increase Rates for Service for 2003, 2004 and 2005 B. Monterey Peninsula Water Management District Petition Requesting Changes to SWRCB Water Rights Permit Nos. 7130B and 20808 - Monterey Peninsula Water Management District C. Monterey Peninsula Water Management District Application to SWRCB for Temporary Permit – Application No. 31359T D. Mary Currier, Chris Currier and Roy and Jeanell Kaminske v MPWMD, Case No. M59299, Monterey County Superior Court E. Cities of Seaside, Carmel, Del Rey Oaks, Monterey, Pacific Grove and Sand City v MPWMD, Case No. M59441, Monterey County Superior Court ADJOURNMENT |
_____________________________
Ernesto A. Avila,
Secretary to the Board
U:\Arlene\word\2002\boardmeetings\minutes\minutes\121602.doc
A.
Tavani, 10/2/03, Board Meeting Minutes, 6 pages