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FINAL MINUTES Regular MeetingBoard of Directors Monterey Peninsula Water
Management District July 18, 2005 |
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The
meeting was called to order at 7 PM in the Board Room of the Monterey
Regional Water Pollution Control Agency. Board members present: Larry Foy, Chair – Division 5 Kristi Markey, Vice Chair – Division 3 Judi Lehman – Division 2 Michelle Knight – Division 4 David Pendergrass – Mayoral Representative David Potter – Monterey County Board of
Supervisors Board members absent: Alvin
Edwards – Division 1 General
Manager present: David A. Berger District
Counsel present: David C. Laredo The
Assembly recited the Pledge of Allegiance. The
following comments were received during Oral Communications. (1) John Fischer, resident of
Pacific Grove, addressed the Board on agenda item 2. He spoke in support of the Memorandum of
Understanding for Regional Water Management in the Greater Monterey Bay Area.
(2) Susan Kipping, resident of Felton, urged the Board to support
placement of a measure on the November 8, 2005 ballot regarding funding for
an investigation into the cost of public ownership of the California-American
Water (Cal Am) Distribution System. (3)
Evan Jacobs, a Cal Am employee, stated that many Cal Am customers in
Felton, California are satisfied with the service provided by the water
company. On a motion by Director Knight and second by Director
Lehman, the Consent Calendar was approved on a vote of 6 – 0, except for
items 2 and 3 that were pulled for separate consideration. Directors Foy, Knight, Lehman, Markey,
Pendergrass and Potter voted in favor of the motion. Director Edwards was absent. Approved. On a motion by Director Lehman and second by Director Markey, the Memorandum of Understanding was approved on a vote of 6 – 0. Directors Foy, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Edwards was absent. Curtis
Weeks, General Manager of the Monterey County Water Resources Agency
addressed the Board on this item. He
stated that the goal is to integrate plans developed by other resource
management agencies under the umbrella of the IRWMP. He thanked General Manager Berger, District
staff and the Pajaro Valley Water Management Agency for working cooperatively
on this. On
a motion by Director Lehman and second by Director Potter, the Memorandum of
Agreement was adopted on a vote of 5 – 1.
Directors Knight, Lehman, Markey, Pendergrass and Potter voted in
favor of the motion. Director Foy was
opposed. Director Edwards was absent. Approved. Approved. Approved. Approved. Approved. Approved. Henrietta
Stern, Project Manager, presented the report.
A copy of the report is on file at the District office. In
response to a question from Director Knight, General Manager Berger stated
that he met with Paul Townsley, President of Cal Am, and Steve Leonard, Vice
President of the Coastal Division of Cal Am.
Mr. Townsley expressed concerns about the agreement in relation to the
proposed ballot measure on public ownership of Cal Am and the Seaside Basin
adjudication process. He told Mr.
Berger that he directed Cal Am negotiators to review the agreement and meet
with District staff to discuss the issue. Darby
Fuerst, Senior Hydrologist, presented the report. He noted that between October 1, 2004 and
July 17, 2005 Cal Am’s year to date production from the Carmel River was 391
acre-feet below the year-to-date goal, which is based on the State Water
Resources Control Board (SWRCB) annual limit of 11,285 acre-feet. Cal Am production from the Seaside
Groundwater Basin is 860 acre-feet below the target. Director Markey requested that in the
future, the chart that accompanies these reports should also illustrate the
Seaside Basin production and target. District
Counsel Laredo reported that he provided the Board with status reports on the
six items of litigation listed on the agenda.
There was no reportable action on those items. Regarding item 4, Conference with Labor
Negotiators, Mr. Laredo reported that on a motion by Director Foy and second
by Director Markey, the Board authorized negotiators to accept the side
agreements that established a holiday furlough between Christmas Day and New
Years Day. The furlough could save the
District $29,700 in fiscal year 2006-2006.
Directors Foy, Knight, Lehman, Markey and Pendergrass voted in favor
of the side agreements. Directors
Potter and Edwards were absent. Director
Pendergrass invited the Directors to participate in a tour of the Orange County Factory 21 Purified
Recycled Water Project on August 2 and 3, 2005. Another tour may be conducted in September
2005. Chair
Foy announced that Action Item 17 would be considered before the public
hearing items. Minutes of this
meeting list Board action in the order shown on the agenda. Director Pendergrass proposed a motion to adopt the Negative Declaration for Ordinance No. 121 and approve the first reading of Ordinance No. 121. The motion was seconded by Director Knight and adopted on a vote of 4 – 2. Directors Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed. The
following comments were directed to the Board during the public hearing on
this item. (1) Patricia Bernardi,
representing Save Our Carmel River, expressed concern that the extension of
time for retention of water use credits could result in a redevelopment
project being delayed because there would be no incentive to move in a timely
manner on construction of the project.
(2) Robert Greenwood, representing the Carmel Valley
Association, spoke in opposition to the proposal to extend the time limit on
retention of water use credits. He
stated that any water credit not assigned within 10 years should be cancelled
in order to reduce over pumping of the water supply. Director Knight made a motion to adopt the Negative Declaration for Ordinance No. 122, to adopt the second reading of Ordinance No. 122, and to adopt Resolution 2005-06 amending the Schedule of Fees. The motion was seconded by Director Lehman and approved unanimously on a vote of 6 – 0. Directors Foy, Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Edwards was absent. No comments from the public were directed to the Board during the public hearing on this item. On a motion by Director Lehman and second by Director
Knight, the first reading of Ordinance No. 123 was adopted unanimously on a
vote of 6 – 0. Directors Foy, Knight,
Lehman, Markey, Pendergrass and Potter voted in favor of the motion. Director Edwards was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) Patricia Bernardi
asked how implemented of the user fee would be effected if Cal Am refused to
sign the Memorandum of Agreement for participation with the Aquifer Storage
and Recovery Project and the project did not move forward. (2) Robert Greenwood, representing the
Carmel Valley Association, expressed support for Ordinance No. 123. Director Potter proposed a motion that was seconded by Director Lehman to continue this item to a specific date. The motion was adopted on a vote of 4 – 2. Directors Knight, Lehman, Markey and Potter voted in favor of the motion. Directors Foy and Pendergrass were opposed. Director Edwards was absent. Director Potter offered a motion to continue the meeting to Thursday, July 21, 2005 at 3 PM in the District office for consideration of this item only. If a quorum of the Board is not present or the Board determines that it is necessary, the meeting could be continued again to Friday, July 22 at 9 AM in the District office. The motion was seconded by Director Markey and approved on a vote of 4 – 2. Directors Knight, Lehman, Markey and Potter voted in favor of the motion. Directors Foy and Pendergrass were opposed. Director Edwards was absent. During
the public comment period on the item, the following comments were directed
to the Board. (1) Robert Greenwood,
representing the Carmel Valley Association, expressed support for the
proposed ballot measure. He also
requested that the impartial analysis of the measure include a reasonable
estimate of the cost to conduct the study and the associated increase in the
user fee. (2) Patricia Bernardi, a
resident of Carmel Valley, spoke in support of changes to the language of the
ballot measure proposed by District staff.
(3) Paul Bruno, Chair of Water for Us, expressed opposition to
the proposed ballot measure. He noted
that the voters would be asked to make a decision for or against completion
of a study without knowing the cost. (4) Steven Leonard, Vice
President of Cal Am’s Coastal Division, advised the Board that Cal Am is
strongly opposed to the proposed ballot measure. He suggested that the Board should review
investigations done on condemnation of other water systems that was provided
in a July 15, 2005 letter to the Board (on file at the District office). He urged the Board to work towards public
ownership of a water supply project, instead of a water delivery system. The
Board did not discuss these items. The
meeting was adjourned at approximately 9:30 PM. |
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CALL
TO ORDER/ROLL CALL PLEDGE
OF ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1. Consider Adoption of
Minutes of Special Meeting/Board Workshop of June 16, 2005 and June 20, 2005
Regular Meeting of the Board of Directors 2. Consider Approval of
Memorandum of Understanding for Integrated Regional Water Management in the
Greater Monterey Bay Area 3. Consider Approval of
Memorandum of Agreement between the MPWMD and the Carmel River Steelhead
Association 4. Consider Extension of
United States Geological Survey Cooperative Agreement for Water Year 2006 5. Consider Authorization to
Extend Vehicle Maintenance Agreement with the City of Monterey for Fiscal
Year 2005-2006 6. Consider Contract
Amendment with RAMLIT Associates for Computer Modeling Assistance (CVSIM) 7. Consider Contract
Amendment with IDias Consulting for Water Distribution Systems Permitting
Assistance 8. Consider Approval of Third
Quarter Investment Report 9. Adopt Treasurer’s Report
for the Month of May 2005 PRESENTATIONS 10. Water Supply Project
Alternatives Update 11. Status Report on
California-American Water Compliance with State Water Resources Control Board
Order 95-10 ATTORNEY’S
REPORT 12. Report on 5:30 PM Closed
Session of the Board DIRECTORS’
REPORTS 13. Oral Reports on Activities
of County, Cities, Other Agencies/Committees/ Associations PUBLIC
HEARINGS 14. Consider First Reading of
Ordinance No. 121 – Extend Time Limit on Retention of Water Use Credits for
Redevelopment Projects A.
Consider Initial Study and Proposed Negative
Declaration for Ordinance No. 121 B.
Consider Approval of First Reading of
Ordinance No. 121 15. Consider First Reading of Ordinance No. 122
– Revising MPWMD Rules and Regulations to Create Impact Based Permit System A.
Consider Initial Study/Proposed Negative
Declaration for Ordinance No. 122 B.
Consider First Reading of Ordinance No. 122 C.
Consider Resolution 2005-06 to Amend Schedule
of Fees 16. Consider First Reading of Ordinance No. 123 – Implementation of 1.2% User Fee Increase to Fund Completion of Phase 1 ASR Project ACTION
ITEMS 17. Consider Approval of
Resolution No. 2005-07 Calling for a District-Wide Election Regarding
Investigation of Public Acquisition of the California American Water
Distribution System, Coastal Division, Monterey District INFORMATIONAL
ITEMS/STAFF REPORTS 18.
Letters Received 19.
Committee Reports 20.
Strategic Planning Initiatives Progress Report 21.
Carmel River Fishery Report 22.
Water Conservation Program Report 23.
Monthly Allocation Report 24.
Monthly California American Water Company
Production Report 25.
Monthly Water Supply Status Report 26.
Quarterly Water Supply Project Status Report 27.
Quarterly Irrigation Program and Riparian Projects
Report 28.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 29.
Quarterly Water Use Credit Transfer Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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