EXHIBIT 1-A
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DRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District October 17, 2005 |
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The
meeting was called to order at 7 PM in the Boardroom of the Monterey Regional
Water Pollution Control Agency. Board
members present: Larry
Foy, Chair – Division 5 Kristi
Markey, Vice Chair – Division 3 Alvin
Edwards – Division 1 Judi
Lehman – Division 2 Michelle
Knight – Division 4 David
Pendergrass – Mayoral Representative David
Potter – 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) Roy Thomas, President of the Carmel
River Steelhead Association, urged the Board to work with the Carmel Area
Wastewater District on a proposal to improve water levels at the Carmel River
Lagoon by distributing treated wastewater into the Lagoon. (2) Paul Bruno, a resident of On a motion by Director Pendergrass and second by Director Potter, the Consent Calendar was approved unanimously, except for Item 3 that was pulled for separate consideration. Approved. Approved. On
a motion by Director Edwards and second of Director Knight, the report on
Fourth Quarter Financial Activity for Fiscal Year 2004-05 was received
unanimously. Approved. Chair
Foy and General Manager Berger acknowledged several District staff members
present that evening for their service to the District. Five years of service: Cynthia Schmidlin. Ten years of service:
Darby Fuerst, Andy Bell, Stephanie Pintar. Twenty years of service: Tom
Lindberg, Joe Oliver, Henrietta Stern and Arlene Tavani. Mr. Berger reported that these and other
service awards would be presented at the next District staff meeting. A
summary of Henrietta Stern’s presentation is on file at the District
office. In response to questions from
the Board, Joe Oliver, Water Resources Manager, stated that no protests have
been received on the District’s application to the State Water Resources
Control Board for a temporary permit to conduct the 2006 Aquifer Storage and
Recovery Test Project. He explained
that the District began injecting water from the Carmel River into the
Seaside Basin in 1998. Since then,
approximately 1,450 acre-feet have been injected. Mr. Oliver reported that the October 2005
meeting of the Seaside Groundwater Management Plan Committee had been
cancelled, but it would be rescheduled. Board
Chair Foy announced that Action Item 12 had been continued to the November
21, 2005 Board meeting. Laborer’s
International Union of North American Local 270 agreed to the continuance. A
summary of Darby Fuerst’s presentation is on file at the District
office. He reported that between
October 1, 2004 and September 30, 2005 Cal-Am produced 10,679 acre-feet of
water from the Carmel River, which was 606 acre-feet below the production
limit established by SWRCB Order 95-10.
In the same time period, production from the Seaside Groundwater Basin
was 995 acre-feet below the target production of 4,000 acre-feet. General
Manager Berger reviewed the outline with the Board of Directors. Director Knight requested that an
additional bullet be added to the presentation that summarizes the amount of
conservation savings achieved by water users in the District since SWRCB
Order 95-10 was adopted. District
Counsel Laredo reported that the Board reviewed the status of six pending
matters of litigation listed on the meeting agenda, but no action was
taken. Regarding the Conference with
Labor Negotiators, item 4, District staff provided options to the bargaining
team. The Board directed that the item
be continued until November 21 so that negotiations could proceed in the
labor dispute. Mr. Laredo reported
that the General Manager’s performance evaluation will either be conducted
after the Board meeting that evening, or continued to a future meeting
date. In response to a question from
the Board, District Counsel Laredo reported that he did receive a fax from
Timothy Morgan posing questions about Measure W. Mr. Laredo called Mr. Morgan’s office but
was unable to reach him. A lawsuit was
filed against the District by the MPTA before he could speak with Mr.
Morgan. Mr. Laredo noted that he will
not respond to the letter from Mr. Morgan since Measure W is now a litigated
issue. He stated that a majority vote
is sufficient for enactment of the user fee increase proposed by Measure W. Directors Foy and Potter announced that they attended a tour of Orange County recycled water projects in October. The tour was sponsored by the Monterey Regional Water Pollution Control Agency. They were impressed by the breadth of possibilities for recycled water. Director Lehman asked District staff to research the availability of a device that would store the water that remains when a water softener is flushed. She asked District staff to be on the lookout for an attractive container that could be placed underneath downspouts to collect rainwater for outdoor irrigation use. Ms. Lehman also advised the Board that she heard there was a telephone survey being conducted on Measure W, and that the callers were advising the public that the District funded the survey. She asked District staff could find out who was conducting the survey. General Manager Berger stated that the District had not funded a telephone survey and that he would investigate the situation.
Director Knight proposed a motion to approve the
staff recommendation and find that special circumstances exist for the
proposed self-storage facility and that the appropriate water use factor is
0.0008 AFA/storage unit. In addition,
water use at the site will be reported by the property owner and monitored
for a period of ten years. Director
Edwards seconded the motion and it was approved on a vote of 6 – 1. Directors Edwards, Foy, Knight, Lehman,
Markey and Pendergrass voted in favor of the motion. Director Potter was opposed. The following comments were received during the public hearing on this item. (1) Anthony Lombardo, representing the applicant, stated that his client agreed with the staff recommendation. However, he believes actual on-site water use will be less than estimated by District staff. Mr. Lombardo advised the Board that there would be no washing of cars or boats at the facility. Outside storage will not be allowed at the facility. Mr. Lombardo gave his consent to the proposal that water use on the site be monitored for a period of ten years. (2) Roy Kaminski stated that over a 22-year period water use at a commercial property he owns has been lower than was projected by District staff when the project was permitted. Mr. Kaminski stated that water use on the applicant’s project will likely be lower than projected by District staff. (3) Paul Bruno recommended that the Board approve the staff recommendation and find that special circumstances exist. He noted that water use on a commercial project he built is less than was anticipated. (4) Robert Greenwood, representing the Carmel Valley Association, requested that the project be constructed in phases. The District could monitor the water use for Phase 1. If the water use is equal to 0.0008 per unit, the second phase could be constructed. Continued to the November 21, 2005 Board meeting. Motion #1 -- Director Foy proposed a motion that was
seconded by Director Markey to adopt the 2005-2006 MPWMD Strategic Plan with
the following changes: (1) amend the
title of item WS6 to read “Create Board Water Supply Committee and Charge,”
and (2) amend the title of item WD2 to read “Improve Communication
with…” The motions was approved on a
vote of 6 – 1. Directors Edwards, Foy,
Knight, Lehman, Markey and Potter voted in favor of the motion. Director Pendergrass was opposed. The vote on Motion #1 was taken after consideration of Motion #2. Motion #2 -- Director Pendergrass proposed an
amended motion to approve the strategic plan but delete item WR2, Assess
Updating MPWMD Water Allocation Program EIR.
Director Knight seconded the motion.
The motion failed on a vote of 3 – 4.
Directors Pendergrass, Foy and Knight voted in favor of the
motion. Directors Edwards, Lehman,
Markey and Potter were opposed. During the public comment period on this item John Fischer, a resident of Pacific Grove, requested that a community advisory group or public advisory group be formed to work with the Regional Urban Water Supply (RUWS) planning group. He opined that public input would improve the planning process. General Manager Berger’s presentation to the Board is on file at the District office. Curtis Weeks, General Manager of the Monterey County Water Resources Agency (MCWRA), also addressed the Board. The MCWRA, under Mr. Week’s direction, is leading the RUWS planning effort. His comments are shown below. The Board took no action on this item. However Chair Foy announced that judging from the Directors comments during the discussion, there was consensus on the Board that General Manager Berger should continue his participation in the RUWS board planning process. The following comments were received during the public comment period on this item. (1) Curtis Weeks, General Manager of the Monterey County Water Resources Agency, stated that a draft agreement is being developed regarding formation of the water supply strategic planning entity (RUWS board); however, the draft agreement cannot be brought forward for approval until he has discussed it with all the cities and received their commitment to participate. The agencies must commit to a plan for funding the RUWS board planning efforts. He hopes to receive input from the cities and bring a draft agreement forward to the Board of Supervisors by November 2005. According to Mr. Weeks, the RUWS board will be charged to work together on project planning for a three-year period. He expects that voting by that board would be by the proportional method. However, it will be up to the managers working group to make that decision. He noted that some of the proposed members of the RUWS board such as representatives of Monterey Regional Water Pollution Control Agency, do also represent jurisdictions. According to Mr. Weeks, those representatives have different interests to consider in both roles, so there would be no danger of double representation on the RUWS board. He envisions the establishment of a public advisory group by December 2005. Mr. Weeks stated that his intent in formation of the RUWS board is not to dissolve the Water Management District or any other agency, but to bring agencies together as a joint powers authority to solve the water supply issues. He noted that the RUWS board structure currently under consideration could change. (2) John Fischer, a resident of Pacific Grove, proposed that a group of independent experts be formed that has no connection with the community. The group could provide a recommendation to the RUWS board on the preferred water supply solution. He stated that public input must be incorporated into the RUWS project planning process. (3) Robert Greenwood commented that the number of persons to sit on the RUWS board is an important consideration. He noted that as the size of the board increases, the time required to make decisions is protracted. (4) Roy Kaminski stated that there is no need for a new water supply project. He surmised that as long as 38 acre-feet of water are held in the Carmel River between Rosie’s Bridge and Highway 1, that will provide a continuous supply of 14,000 acre-feet of water for the Cal Am system. There was no discussion of these items. The meeting was adjourned at 9:45 PM. |
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CALL
TO ORDER/ROLL CALL PLEDGE
OF ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1.
Consider Adoption of Minutes of the September 8, 2005
Strategic Planning Workshop and September 19, 2005 Regular Board Meeting 2.
Consider Adoption of Resolution No. 2005-09
Electing to Participate in the California Public Employees’ Retirement System
Pre-Tax Deduction Plan for Service Credit Purchases 3.
Receive and File Report on Fourth Quarter
Financial Activity for Fiscal Year 2004-05 4.
Adopt Treasurer’s Report for the Month of June
2005 PRESENTATIONS 5.
Present Service Awards to MPWMD Staff 6.
Water Supply Project Alternatives Update GENERAL
MANAGER’S REPORT 7.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 8.
Outline of MPWMD Presentation for State Water
Resources Control Board Workshop on Carmel, Pajaro and Salinas Rivers Water Rights
and Water Supply Status, October 26, 2005, 10:00 AM, Salinas Community Center ATTORNEY’S
REPORT 9.
Report on 5:30 PM Closed Session of the Board DIRECTORS’
REPORTS 10.
Oral Reports on Activities of County, Cities,
Other Agencies/Committees/ Associations PUBLIC
HEARINGS 11.
Consider Appeal of District Staff’s Decision that
Rule 24-G, Special Circumstances, Do Not Apply to Storage Pro Self Storage
Facility (Mirabito), APNs: 169-131-002
& 003 ACTION
ITEMS 12.
Consider Hearing Officer’s Findings and
Recommendations on Grievance Appeal of Laborer’s International Union of North
America Local 270 13.
Review and Consider Adoption of 2005-2006 MPWMD
Strategic Plan A.
Adopt 2005-2006 MPWMD Strategic Plan B.
Review and Consider Approval of Timeline for
Conducting Board Workshops 14.
Update on Status of Discussion re Regional Urban
Water Supply Governance Proposal INFORMATIONAL
ITEMS/STAFF REPORTS 15.
Letters Received 16.
Committee Reports 17.
Carmel River Fishery Report 18.
Water Conservation Program Report 19.
Monthly Allocation Report 20.
Monthly California American Water Company
Production Report 21.
Monthly Water Supply Status Report 22.
Quarterly Water Supply Project Status Report 23.
Quarterly Irrigation Program and Riparian Projects
Report 24.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 25.
Quarterly Water Use Credit Transfer Status
Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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