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FINAL MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District January 29, 2009 |
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The meeting was called to
order at 7:00 PM in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Judi Lehman – Division 2 Kristi Markey, Chair --
Division 3 Bob Brower – Division 5 Directors Absent: Alvin Edwards – Division 1 David Potter – General Manager present: District Counsel present: David C.
Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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No comments. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Pendergrass and second by Director Brower, the Consent Calendar items were
approved unanimously on a vote of 5 – 0.
Directors Brower, Doyle, Lehman, Markey and Pendergrass voted in favor
of the motion. Directors Edwards and
Potter were absent |
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CONSENT CALENDAR |
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Approved. |
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1. |
Consider
Adoption of Minutes of the December 8, 2008 Regular Board Meeting |
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Approved. |
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2. |
Ratify Board Committee Assignments for Calendar Year
2009 |
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Approved. |
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3. |
Approve Charge to Ad Hoc Water Supply Planning
Committee |
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Approved. |
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4. |
Receive and File Water Year 2007 |
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Approved. |
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5. |
Consider Approval of First Quarter Fiscal Year
2008-2009 Investment Report |
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Approved. |
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6. |
Receive and File First Quarter Financial Activity
Report for Fiscal Year 2008-2009 |
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Approved. |
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7. |
Consider Approval of Annual Update on Investment Policy |
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Approved. |
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8. |
Consider Adoption of Treasurer's Report for August 2008 |
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Approved. |
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9. |
Consider Adoption of Treasurer's Report for
September 2008 |
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Approved. |
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10. |
Consider Adoption of Treasurer's Report for October 2008 |
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PRESENTATIONS |
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Chair Markey presented an
award to Director Lehman expressing appreciation for her service to the Board
as Chair in 2008. |
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11. |
Presentation to Outgoing Board Chair, Judi Lehman |
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Mr. Anthony reported that a
new law requires that all fire connections must be in service, also that new
construction must have a meter for water service and a meter for fire
service. There is no extra cost to
install the fire meter, unless the property owner requests that the meter be
installed outside the area where meters are routinely located. CAW does assess a monthly fee for each
meter. Mr. Anthony noted that water consumption is 2.5 percent below metered
consumption reported in the previous year. |
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12. |
Monthly Report from California American Water
General Manager, Craig Anthony |
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Henrietta Stern, Project
Manager, presented the report. An
outline of Ms. Stern’s presentation is on file at the District office and can
be viewed at the District’s website. |
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13. |
Water Supply Project Alternatives Update |
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GENERAL MANAGER’S REPORT |
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14. |
Status Report on |
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ATTORNEY’S REPORT |
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District Counsel Laredo reported
that the Board received a status report on items 3 A through 3 G, direction
was provided to staff but no reportable action was taken. As to item 4, direction was given to staff
but no reportable action was taken.
Mr. Laredo announced that staff from the California Public Utilities
Commission (CPUC) have assured him that the draft EIR on CAW’s Coastal Water
Project will be released on January 30, 2009.
The document will be available in local libraries and on the CPUC
website. The PUC has scheduled public
hearings for March 2 at 1:30 PM and 6:30 PM at the Embassy Suites in |
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15. |
Report
on 5:30 PM Closed Session of the Board |
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3. |
Conference with Legal Counsel – Existing Litigation
(Gov. Code 54945.9 (a)) |
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A. |
Application
of California American Water Company to the Public Utilities Commission
Application No. 04-09-019 – Coastal Water Project |
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B. |
Application of California -American Water Company for an Order Authorizing a Special Conservation
Program and Modifications to its Rate Design in its Monterey District, and
Authorization to Increase its Rates for Water Service in its Monterey
District to the CPUC –
Conservation Program Application (Applications No. 07-12-010, 08-02-018) |
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C. |
Application of |
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D. |
SWRCB Cease and Desist Order WR 2008-00XX-DWR |
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E. |
SWRCB Complaint re CAW (Sierra Club, Ventana Chapter, and |
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F. |
MPWMD v. Roy Woods, WOODS 1995 Trust, |
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G. |
MPWMD v. Nick and Gerda Marotta, |
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4. |
Conference with Labor
Negotiators (Gov. Code §54957.6) |
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Agency
Designated Representatives: Rick Dickhaut,
Cynthia Schmidlin, Darby Fuerst |
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Employee
Organization: General Staff and
Management Bargaining Units Represented by United Public Employees of
California/LIUNA, Local 792 |
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Unrepresented
Employees: Confidential Unit |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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16. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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Director Brower made a
motion to: (1) adopt the Findings of
Approval; (2) approve application #20071107SLC; (3) authorize issuance of
MPWMD Permit #M09-02-L4, and (4) adopt the Conditions of Approval with the
following amendment: add a sentence to the end of Condition No. 21 that
states, “It is acknowledged that the Long Ridge/Well N-31 Addition system is
currently operational, and this condition has been satisfied.” The motion was seconded by Director
Pendergrass and approved on a vote of 5 – 0.
Directors Brower, Doyle, Markey, Lehman and Pendergrass voted in favor
of the motion. Directors Edwards and
Potter were absent. The following comments were
received during the public comment period on this item. (1)
Joel Panzer of Maureen Wruck Planning Consultants, representing the Santa
Lucia Community Services District (SLCSD), expressed support for the Findings
and Conditions of Approval. He
responded to questions that had been raised by the Board during their
discussion of the application. He
stated that there is a prohibition on any interconnection between the SLCSD
and the CAW water system. He responded
to some of the comments made by speakers during the public hearing. (2)
Forest Arthur, General Manager of the SLCSD, briefly described the water
distribution system. He expressed
support for the Conditions of Approval.
(3) David Dilworth stated
that this project would entail pumping water to areas outside of the
watershed and the District boundary.
He requested that a more thorough review of the impacts of this
application be conducted. (4) Leif Udegaard, Water Systems
Manager for the SLCSD, briefly described the SLCSD water system. He stated that 32 of the 40 wells in the
water system are potable, and that production from Well N-31 is small
compared to that of the other system wells. |
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17. |
Consider Application to
Create “Long Ridge/Well N-31 Addition” to Santa Lucia Preserve Water
Distribution System; Santa Lucia Community Services District, Applicant;
MPWMD Application #20071107slc; APN 239-131-015 Through -026, -028 And -030 |
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Motion No. 1: Director Markey made a motion, that was
seconded by Director Lehman, to deny the application without prejudice. The motion failed on a vote of 3 to 2. Directors Doyle, Lehman and Markey voted in
favor of the motion and Directors Brower and Pendergrass were opposed. Motion No. 2: Director Brower made a motion to: (1) direct staff to refine the Findings of
Approval with specific reference to CEQA compliance and Board review of Sand
City environmental documents; (2)
approve Permit #M09-03-L4 with Conditions of Approval to be reviewed and
refined, and add the following new conditions:
(A) water from the Carmel River would not be provided to the project; (B) CAW
would agree that the Seaside aquifer would be the sole source of water for
the project; (C) the applicant would assign the District 59 acre-feet of
water that is not needed for the project; (D) existing wells on the property
would be abandoned; and (E) issuance of the permit would be contingent upon
receipt of a letter from the State Water Resources Control Board stating that
the one-for-one replacement provision contained in Order 95-10 does not apply
to this project. The motion failed on
a vote of 2 to 3. Directors
Pendergrass and Brower voted in favor of the motion. Directors Doyle, Lehman and Markey were
opposed. Directors Edwards and Potter
were absent. Motion No. 3: Director Brower made a motion that the item
be continued to the February 26, 2009 Board meeting. The motion was seconded by Director Lehman
and approved on a unanimous vote of 5 – 0.
Directors Brower, Doyle, Lehman, Markey, and Pendergrass voted in
favor of the motion. Directors Edwards
and Potter were absent. The following comments were
received during the public comment on this item. (1)
Sheri Damon, representing Security National Guarantee, restated several
points outlined in her letter dated January 29, 2009 that is on file at the
District office. She urged the Board
to approve the application. (2) Ed Ghandour, the applicant. In response to a question from Director
Brower, Mr. Ghandour stated that he would be willing to allocate 59 acre-feet
of excess water to the public trust.
Legal counsel would need to determine if the recipient of the water
would be the District, the Seaside Groundwater Basin Watermaster, or another
entity. In response to a question from
Director Lehman, Mr. Ghandour stated that he would abandon his right to the
onsite wells, if he maintained the ability to provide 90 acre-feet of water
to the project. He requested that the
Board approve the application without delay, as the California Coastal
Commission would consider the Project in March 2009. (3) Paul Kephart of Rana Creek
Restoration Ecology spoke in support of approval of the application. (4)
David Armanasco expressed support for approval of the application. (5)
Laurence Silver, California Environmental Law Project, representing the
Ventana Chapter of the Sierra Club, read a statement on file at the District
office expressing concerns about the project.
He requested that one of the conditions for issuance of the permit be
that CAW’s annual production limit be reduced on a one-for-one basis for each
acre-foot delivered to SNG by CAW through augmented pumping. (6)
Martha Kephart expressed support for approval of the application. (7)
Dan McIlhenny, a resident of the District, expressed support for approval
of the application. (8) Kathy Anderson, a resident of
Seaside, spoke in support of approval of the application. (9)
Chris Fitz, representing LandWatch of Monterey County, urged the Board to
deny the application because the addendum to the EIR on the project is
inadequate. (10) Steve Shimek, Executive Director
of Monterey Coastkeeper and a resident of Marina, spoke in opposition to the
project due to impacts on critical species and dune habitat. (11)
George Riley asked that Director Pendergrass refrain from participating
in a decision on this project, because as the Mayor of the City of Sand City
he participated in previous determinations on the Monterey Bay Shores
Ecoresort. (12) Pat Regan, a resident of Carmel Valley, expressed support
for Board approval of the application.
(13) Marianne Carbone, Vice
Mayor of the City of Sand City, expressed support for Board approval of the
application. (14) Bruce Broderick, representing
Being Water, spoke on the merits of water recycling and stated that he was
fascinated by the proposed project. (15) Jean Zelmer, a resident of
Carmel Valley, expressed support for Board approval of the application. (16) Tom Hood, a resident of Carmel, urged
the Board to approve the application.
(17) Rick Alphers urged the
Board to approve the application. (18) Jay Tulley, a resident of
Monterey, urged the Board to approve the application. (19)
Larry Daniels, resident of Corral de Tierra and member of the Monterey
Business Council, urged the Board to approve the application. (20)
Rafael Garcia, resident of Carmel Village, expressed support for Board
approval of the application. (21) Jeff Condit, a resident of
Monterey, expressed support for Board approval of the application. (22)
Traci Parker, an ecological designer and resident of Seaside, expressed
support for Board approval of the application. |
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18. |
Consider Application to Amend California American
Water Distribution System to Serve Monterey Bay Shores Ecoresort in Sand
City; California American Water and Security National Guaranty,
Co-Applicants; MPWMD Application #20080915MBS-L4; APN# 011-501-014 |
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At 10:25 PM the meeting was
adjourned for a short recess and reconvened at 10:35 PM. |
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On a motion by Director
Brower and second by Director Lehman, the Memorandum of Agreement was adopted
unanimously on a vote of 5 – 0.
Directors Brower, Doyle, Lehman, Markey and Pendergrass voted in favor
of the motion. Directors Edwards and
Potter were absent. No public comment was
directed to the Board during the public hearing on this item. |
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19. |
Consider Adoption of
Memorandum of Agreement Between MPWMD and the Monterey Regional Water
Pollution Control Agency Regarding Cooperative Efforts for Development of
Water Supply Projects |
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ACTION ITEMS |
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On a motion by Director
Brower and second by Director Pendergrass, the Board approved the Scope of
Work and authorized an expenditure of $291,800 for hydrologic studies related
to the MPWMD 95-10 Desalination Project.
The motion was approved unanimously on a vote of 5 – 0. Directors Brower, Doyle, Lehman, Markey and
Pendergrass voted in favor of the
motion. Directors Edwards and Potter
were absent No comments were directed
to the Board during the public comment period on this item. |
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20. |
Consider Approval of Scope of Work and Expenditure
of Funds for Hydrogeologic Studies Related to MPWMD 95-10 Desalination
Project |
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Director Doyle offered a
motion to refer development of a strategy to the Water Demand Committee. The Committee would be authorized to
develop the strategy and implement it without Board approval. The motion was seconded by Director Lehman
and approved unanimously on a vote of 5 – 0.
Directors Brower, Doyle, Lehman, Markey and Pendergrass voted in favor
of the motion. Directors Edwards and
Potter were absent. |
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21. |
Consider Approval of Proposed Strategy for
Investigation into Development of Regulations Allowing Alternative Water
Sources: Recycling and Reuse of
Graywater; Rainwater Harvesting and Storage; and Stormwater Storage and Reuse |
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There was no discussion of
the Informational Items/Staff Reports. |
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INFORMATIONAL ITEMS/STAFF REPORTS |
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22. |
Letters Received |
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23. |
Committee
Reports |
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24. |
Strategic
Plan Update |
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25. |
Carmel
River Fishery Report for November & December 2008 |
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26. |
Water
Conservation Program Report for November 2008 |
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27. |
Water
Conservation Program Report for December 2008 |
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28. |
Monthly
Allocation Report for November 2008 |
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29. |
Monthly
Allocation Report for December 2008 |
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30. |
Monthly
California American Water Production Report for November and December 2008 |
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31. |
Monthly
Water Supply Status Report for December 2008 and January 2009 |
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32. |
Quarterly
Water Supply Project Status Report |
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33. |
Quarterly
Irrigation Program and Riparian Projects Report |
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34. |
Quarterly
Carmel River Erosion Protection and Restoration Projects Report |
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35. |
Quarterly
Water Use Credit Transfer Status Report |
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The meeting was adjourned
at 11 PM. |
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ADJOURNMENT |
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Darby Fuerst, Secretary to the Board
U:\Arlene\word\2009\BoardMeetings\Minutes\FINAL022909.doc