DRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District April 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 office. Directors
present: Larry
Foy, Chair – Division 5 (participated by telephone) Kristi
Markey, Vice Chair – Division 3 Alvin
Edwards – Division 1 Judi
Lehman – Division 2 Michelle
Knight – Division 4 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors Directors
absent: None General
Manager present: David A. Berger District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. Bruce Moncrief, representing Etwater, addressed the Board. He spoke about the evapotransportation-based controllers and water measuring devices sold by his company. 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. Approved. Approved. Approved. Henrietta
Stern, Project Manager, presented the update. She stated that on April 15, 2005, the
State Water Resources Control Board issued a Notice of Petition for Change on
two District water rights permits. The
changes are to enable diversion of Carmel River water for injection into the
Seaside groundwater basin. A
thirty-day protest period on the petitions for change has begun. Since January 4, 2005, 350 acre-feet of
Carmel River water were injected into the Seaside groundwater basin through
the District’s temporary Aquifer Storage and Recovery (ASR) project. Presently the District’s SWRCB permit
limits the amount of Carmel River water that can be injected to 350 acre-feet
per year. Studies are being conducted
to check the chemical changes that may have occurred in the Seaside aquifer
as a result of the ASR project. Darby
Fuerst, Senior Hydrologist, reported that between October 1, 2004 and March
15, 2005 California American Water (Cal-Am) production from the Carmel River
was 420 acre-feet below the year-to-date goal, which is based on the SWRCB
annual limit of 11,285 acre-feet. An
outline of Mr. Fuerst’s report is on file at the District office. A
summary of General Manager Berger’s report is on file at the District
office. The Directors asked when the
Board could discuss the governance concept alternatives and provide direction
to the General Manager. Mr. Berger
stated that the proposed Water Summit, still to be scheduled, would provide a
good opportunity to discuss the governance issues. Vice Chair Markey requested that the May
16, 2005 Board meeting agenda include a discussion of this item. The
following comments were received on this item. (1) David Dilworth, Executive
Director of Helping Our Peninsula’s Environment (HOPE), urged the Board to
reject any proposed management structure.
According to Mr. Dilworth, the plan was devised as a means to prevent
the public from having the opportunity to vote on a future water supply
project. (2) John Fischer,
resident of Pacific Grove, stated that the plan should clearly define what is
meant by “create a community leadership working group.” He noted that community involvement must be
a component of the planning process. District
Counsel Laredo reported that the Board discussed the five items of litigation
listed on the agenda. A status report
was given to the Board. No reportable
action was taken. Mr. Laredo announced
that the Public Utilities Commission (PUC) would conduct public participation
hearings on Cal Am’s application No. 05-02-012 for a rate increase on May 12,
2005 at 2 PM and 7 PM at the Monterey Conference Center. On May 13, 2005 public participation hearings
will be conducted at Felton Community Hall at 2 PM and 7 PM. Vice
Chair Markey announced that the Administrative Committee met at 4:30 PM on
May 18, 2005 and recommended that agenda item 14, Consideration of Proposed
Memorandum of Agreement with California-American Water Regarding Management
and Operation of Aquifer Storage and Recovery Facilities, be continued to a
future Board meeting date. At
the request of Director Edwards, Vice Chair Markey directed that the May 16,
2005 Board meeting agenda include a discussion regarding the possibility of
placing a measure on the November 18, 2005 ballot asking the voters if they
would support public ownership of California American Water Coastal Division
facilities. Director
Edwards proposed a motion, that was seconded by Director Potter, to amend the
contract with Jones & Stokes Associates for preparation of the EIR, based
on the revised Scope of Work, cost estimate and schedule provided in the
staff report. In addition, the Board
should conduct a special meeting on August 25, 2005 at 7 PM, to receive and
discuss the Draft EIR. The motion was
approved unanimously on a vote of 7 – 0. The
following comments were received during the public comment period on this
item. (1) David Dilworth,
representing HOPE, expressed dissatisfaction with the qualifications of Jones
and Stokes Associates. He asked why
the project would undergo minimal review through preparation of an
Environmental Assessment to meet Federal NEPA requirements, yet a complete
EIR is planned to meet state requirements.
District Counsel Laredo responded that the Environmental Assessment
was being prepared in accordance with the requirements of the federal lead
agency, the U.S. Army. (2) John
Fischer, resident of Pacific Grove, requested that the EIR analyze how
the ASR project would operate under drought conditions. This
item was continued to a future meeting of the Board of Directors. Director Potter spoke on behalf of the Ad-Hoc
Legislative Subcommittee on AB1421.
He reported that in a telephone conversation that occurred between
Assemblyman Laird, his staff and representatives from the District, the
Assemblyman agreed to work with the District’s General Manager and District
Counsel on amending the legislation to address the District’s concerns. Director
Potter offered a motion that District staff continue to work with Assembly
member Laird’s staff and the Ad-Hoc Legislative Committee on development of
amendments to AB1421. As amended
versions of the legislation are available, staff should report back to the
Board with a recommendation as to whether the Board should concur with or
disagree with those amendments. Staff
could also offer suggestions for improvements to subsequent versions of the
legislation. Director Edwards seconded
the motion. Director
Markey offered an amendment to the motion.
She moved that Director Lehman be included on the Ad-Hoc Legislative
Committee. Directors Potter and
Edwards accepted the amendment. The
amended 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) David
Dilworth stated that the bill as written would prohibit any no-growth
water supply project, including the District’s proposed Sand City
Desalination project. (2) Robert Greenwood,
representing the Carmel Valley Association, recommended that the Board should
advise Assembly member Laird of its concerns about the legislation as soon as
possible. There
was no discussion of the Informational Items/Staff Reports. The
meeting was adjourned at 8:45 PM. |
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CALL TO ORDER ROLL CALLPLEDGE OF ALLEGIANCEORAL COMMUNICATIONSCONSENT CALENDAR1.
Consider Adoption of Minutes of the Regular Board
Meeting of March 21, 2005 and Special Board Meeting of March 31, 2005 2.
Consider Authorization of Funds to Contract with
Ventana Wilderness Society for Carmel River Avian Habitat Monitoring 3.
Consider Approval of Resolution 2005-02 in Support
of Filing Proposition 50 Planning Grant Application 4.
Receive Annual Monterra Ranch Hydrologic
Monitoring Report for Water Year 2004 5.
Receive 2003-2004 Annual Mitigation Program Report 6.
Adopt Treasurer’s Report for the Month of December
2004 7.
Adopt Treasurer’s Report for the Month of January
2005 PRESENTATIONS8.
Water Supply Project Alternatives Update GENERAL
MANAGER’S REPORT 9.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 10.
Oral Report on Regional Urban Water Supply Project
Governance Concept Alternatives ATTORNEY’S REPORT11.
Report on 5:30 PM Closed Session DIRECTORS’ REPORTS12.
Oral Reports on Activities of County, Cities,
Other Agencies/Committees/ Associations ACTION ITEMS13.
Confirm Scope of Work and Project Descriptions for
EIR on MPWMD Aquifer Storage and Recovery Project 14.
Consideration of Proposed Memorandum of Agreement
with California American Water Regarding Management and Operation of Aquifer
Storage and Recovery Facilities 15.
Receive Recommendation from Ad-Hoc Legislative
Subcommittee on AB1421 INFORMATIONAL ITEMS/STAFF REPORTS 16.
Letters Received 17.
Committee Reports 18.
Strategic Planning Initiatives Progress Report 19.
Carmel River Fishery Report 20.
Water Conservation Program Report 21.
Monthly Allocation Report 22.
Monthly California American Water Company
Production Report 23.
Monthly Water Supply Status Report 24.
Quarterly Water Supply Project Status Report 25.
Quarterly Irrigation Program and Riparian Projects
Report 26.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 27.
Quarterly Water use Credit Transfer Status Report 28.
Report of Fiscal Year 2004-05 Financial Activity
for the Six-Month Period Ended December 31, 2004 ADJOURNMENT |
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David A. Berger, Secretary to the Board
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