FINAL MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District June 22, 2006 |
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The meeting was called to
order at 7 PM in the Boardroom of the Monterey Regional Water Pollution
Control Agency offices. Board members present: Kristi Markey – Division 3
(Participated by telephone from Lexington, MA) Larry Foy – Division 5 Board members absent: David Potter – Monterey
County Board of Supervisors General Manager
present: David A. Berger District Counsel
present: David C. Laredo The assembly recited the
Pledge of Allegiance. The following persons
addressed the Board during Oral Communications. (1)
Robert Greenwood, representing the Carmel Valley Association, spoke to
Consent Calendar item 8. He asked why
District staff had requested funding for a consultant to review water
distribution system applications, when there were already qualified persons
on staff to complete that work. On a motion by Director
Foy and second by Director Pendergrass, the Board adopted agenda items 1 through
4 and 12 and 13. Items 5 – 11 were
adopted subject to action taken on Public Hearing Item 19. The motion was approved on a vote of 6 –
0. Directors Edwards, Foy, Knight,
Lehman, Markey and Pendergrass.
Director Potter was absent. Approved. Approved. Approved. Approved. Approved subject to action
taken on Public Hearing Item 19. Approved subject to action
taken on Public Hearing Item 19. Approved subject to action
taken on Public Hearing Item 19. Approved subject to action
taken on Public Hearing Item 19. Approved subject to action
taken on Public Hearing Item 19. Approved subject to action
taken on Public Hearing Item 19 Approved subject to action
taken on Public Hearing Item 19. Approved. Approved. Chair Knight presented the
resolution to David Dettman. Mr.
Dettman thanked the current Board and previous Boards for the opportunity to
resolve the continuing conflict in California between the needs of water for people
and fish. The report was presented by
Darby Fuerst, Senior Hydrologist. A
summary is on file at the District office and on the District’s website. Mr. Fuerst reported that between October
2005 and June 18, 2006, California American Water (Cal Am) produced 7,110
acre-feet of water from the Carmel River.
Production from the Carmel River is 536 acre-feet under the State
Water Resources Control Board limit. District Counsel provided
reports to the Board on items A, B, C and D.
No reportable action was taken.
The Board did not discuss items E, F and G. A discussion was conducted on item 4,
however; no action was taken. That
item was continued to a 6 PM closed session on Thursday, June 29, 2006. Mr. Laredo announced that he would not be
in attendance at the July 17, 2006 Board meeting. Chair Knight announced that
the District and Cal Am were awarded the 2006 Public/Private Major Economic
Development Award for development of the Aquifer Storage and Recovery
Project. The award was presented by
the Monterey County Business Council at the June 22, 2006, 3rd
Annual Economic Forum. Larry Foy
stated that it was a pleasure to be present at the Forum and witness the
District’s receipt of the Public/Private Major Economic Development
Award. Mr. Foy announced that he also
attended the Association of Monterey Bay Area Governments’ May 18, 2006,
Water Forum and found it to be very informative. On a motion of Director
Edwards and second by Director Foy, the FY 2006-2007 MPWMD Budget was adopted
by the Board on a vote of 6 – 0.
Directors Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted
in favor of the motion. Director
Potter was absent. No public comment was directed to the Board
during the public hearing on this item. On a motion by Director
Pendergrass and second by Director Edwards, the July through September 2006
Quarterly Water Supply Strategy and Budget was approved on a vote of 6 –
0. Directors Edwards, Foy, Knight,
Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent. No public
comment was directed to the Board during the public hearing on this item. On a motion by Director
Foy and second by Director Edwards, the Board voted to adopt the Negative Declaration
and approve the First Reading of Ordinance No. 124. The motion was approved by roll call on a
vote of 6 – 0. Directors Edwards, Foy,
Knight, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent. No public comment
was directed to the Board during the public hearing on this item. On a motion by Director
Edwards and second by Director Foy, the Board voted to adopt the Negative
Declaration and approve the First Reading of Ordinance No. 125. The motion was approved by roll call on a
vote of 6 – 0. Directors Edwards, Foy,
Knight, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent. No public
comment was directed to the Board during the public hearing on this item. Director Edwards offered
a motion to refer development of a committee charge to the Public Outreach
Committee. The motion was seconded by
Director Lehman. Director Edwards moved
to amend the motion. He requested that
community groups who expressed an interest in participating on the committee
be invited to the Public Outreach Committee and provide input at that meeting
on their views of what the committee charge should entail. The revised charge should be brought back to
the Board for consideration as soon as possible. Director Lehman concurred with the
amendment. The amended motion was
adopted on a vote of 6 – 0. Directors
Edwards, Foy, Lehman, Knight, Markey and Pendergrass voted in favor of the
motion. Director Potter was absent. The following comments were
directed to the Board during the public comment period on this item. (1)
Robert Greenwood, representing the Carmel Valley Association, noted that
a five-person committee would not be representative of the community. He suggested that the committee consist of
ten persons. (2) Linda Agerbak, a
resident of Carmel Valley, suggested that committee membership consist of all
groups that expressed an interest in participating. There was no discussion of
the Informational Items/Staff Reports. The meeting was adjourned
at approximately 9:40 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the May 15, 2006
Regular Board Meeting, and March 23, May 18 and May 25, 2006 Special
Meeting/Board Workshops 2.
Consider Adoption of Resolution 2006-02 Commending
David H. Dettman upon his Retirement for 24 Years of Service to the District 3.
Consider Ratification of Appointments to the Carmel
River Advisory Committee 4.
Consider Approval of 2006 Annual Memorandum of
Agreement for Releases and Diversions from San Clemente Reservoir between
California American Water, California Department of Fish and Game and MPWMD 5.
Consider Authorization of Funds to Contract for
Limited-Term Field Positions 6.
Authorize Expenditure of Budgeted Funds to Contract
for Strategic Planning and Goal Setting Facilitation Services by Snider and
Associates 7.
Authorize Expenditure of Budgeted Funds to Amend
Contract with Jones & Stokes Associates for Preparation of EIR/EA on
Phase 1 Aquifer Storage and Recovery Project 8.
Authorize Expenditure of Budgeted Funds for Contract
with Padre Associates to Provide Hydrologic Review for Water Distribution
Systems in FY 2006-2007 9.
Authorize Expenditure of Budgeted Funds for Contract
Renewal with IDias Consulting for Water Distribution System Permitting
Assistance in FY 2006-2007 10.
Authorize Renewal of Two-Year Legal Services
Agreement with De Lay and Laredo 11.
Consider Adoption of Article XIII(B) Appropriations
Limit for Fiscal Year 2006-07 12.
Receive and File Third Quarter Financial Activity
Report for Fiscal Year 2005-06 13.
Consider Adoption of Treasurer’s Report for April
2006 PRESENTATIONS 14.
Water Supply Project Alternatives Update 15.
Present Resolution of Commendation to David Dettman
Upon his Retirement from the District GENERAL MANAGER’S REPORT 16.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 ATTORNEY’S REPORT 17.
Report on 5:30 PM Closed Session of the Board 1.
Public Comment 2.
Adjourn to
Closed Session 3.
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 Public Utilities Commission
Application No. 04-02-012 – General Rate Case C.
State Water
Resources Control Board Permit No. 7130B D.
State Water
Resources Control Board Permit No. 20808 E.
Save Our Carmel
River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD
Board; and the City of Monterey:
Monterey County Superior Court Case No. M72061 F.
Save Our Carmel
River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD Board;
and the City of Seaside; Monterey County Superior Court Case No. M72877 G.
Save Our
Waterfront Committee v. City of 4.
Conference with
Labor Negotiators (Gov. Code 54957.6) Agency
Designated Representatives: Ellen
Aldridge, Employee Organization: General and Management Bargaining Units
represented by Laborer’s International Union of North America, AFL-CIO,
(LIUNA/UPEC) Local 270 5. Adjourn
to 7 PM Session DIRECTORS’ REPORTS 18.
Oral Reports on Activities of County, Cities, Other
Agencies/Committees/ Associations PUBLIC HEARINGS 19.
Consider Adoption of Proposed FY 2006-2007 MPWMD
Budget 20.
Consider Adoption of July through September 2006
Quarterly Water Supply Strategy and Budget 21.
Consider Adoption of Negative Declaration and
Approve First Reading of Ordinance 124 – Water Distribution System Regulation
Amendment Ordinance (Rule 20-C) 22.
Consider Adoption of Proposed Negative Declaration
and First Reading of Ordinance No. 125 – Clarifying Rules Related to Water
Permits and Water Credits ACTION ITEMS 23.
Report to Board on Community Interest in
Participation on a Community Advisory Committee (CAC) and Consider Approval
of Committee Charge INFORMATIONAL ITEMS/STAFF REPORTS 24.
Letters Received 25.
Committee Reports 26.
Strategic Planning Initiatives Progress Report 27.
Carmel River Fishery Report 28.
Water Conservation Program Report 29.
Monthly Allocation Report 30.
Monthly California American Water Production Report 31.
Monthly Water Supply Status Report ADJOURNMENT |
____________________________________
David A. Berger, Secretary to the Board
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