EXHIBIT 1-A |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District January 26, 2006 |
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The meeting was called to
order at 7:00 PM in the Boardroom of the Monterey Regional Water Pollution
Control Agency. Directors present; Michelle Knight, Chair –
Division 4 Judi Lehman, Vice Chair –
Division 2 Alvin Edwards – Division 1 Kristi Markey – Division 3 Larry Foy – Division 5 David Pendergrass – Mayoral
Representative Directors absent: David Potter – The assembly recited the
Pledge of Allegiance. The following persons
addressed the Board during Oral Communications. (1)
John Fischer, resident of On a motion by Director
Edwards and second by Director Foy, the Consent Calendar items were approved
except for items 2 and 3 that were pulled for separate consideration. The
motion was adopted on a vote of 6 – 0. Adopted. Director Markey made a
motion to adopt the committee assignments as presented, but change the
composition of the Administrative Committee to include Director Edwards as
Chair with Directors Markey and Lehman as regular committee members and
Director Potter as the alternate. The
motion was adopted unanimously on a vote of 6 – 0. Director Pendergrass
made a motion to refer the two requests for consideration to the Technical
Advisory Committee. The motion was
seconded by Director Edwards and adopted on a vote of 4 – 2. Directors Edwards, Foy, Knight and
Pendergrass voted in favor of the motion.
Directors Lehman and Markey were opposed. Approved. Adopted. Ray von Dohren introduced
himself and offered to answer questions about the project. There were no questions posed to Mr. von
Dohren. Mike Niccum narrated a
slide show that documented the re-construction and infrastructure
improvements at the Lake Forest Reservoir.
The presentation is on file at the District office. In response to questions from the Board, he
stated that the Pebble Beach Community Services District implemented a plan
to inform persons who lived near the project area about construction impacts.
The plan included signage around the construction area and limiting work
hours to 8 AM to 5 PM Monday through Friday.
After the project has been operational for a few years a determination
can be made as to the quantity of excess water that may be available. Mark Stilwell stated that
the Expansion Project will cost about $30 million. The Pebble Beach Company has collected $22 million from the sale of approximately
108 acre-feet of entitlement water to fund design and construction of the
project. Only a small percentage of
that water is being used. Construction
of the advanced treatment facilities is 6 to 9 months behind schedule, but
the project should be complete by 2007.
The Pebble Beach Company spends $1 million to $1.5 million dollars per
year subsidizing operation of the CAWD/PBCSD Wastewater Reclamation
Project. The Company also has a
commitment to fund any shortfall that results from the project expansion. During the public comment
period on this item, Robert Greenwood, representing the Carmel Valley
Association, asked if the Pebble Beach Company had considered planting
salt-tolerant grasses as an alternative to construction of the advanced
treatment facilities. Mr. Stilwell
replied that local golf courses have experimented with several types of
salt-tolerant grasses, but they did not grow well on the Monterey
Peninsula. Henrietta Stern, Project
Manager, presented the report. A
summary of the report is on file at the District office. A copy of the report
presented by Darby Fuerst, Senior Hydrologist, is on file at the District
office. Mr. Fuerst advised the Board
that Cal Am production from the Carmel River between October 1, 2005 and
January 23, 2006 was 2,707 acre-feet, which is 53 acre-feet under the 2,760
limit established as a result of SWRCB Order 95-10. During the public comment
period on this item, David Dilworth, representing HOPE, asked for
clarification of the safe yield in the Seaside Groundwater Basin. Mr.
Fuerst replied that based on studies conducted in preparation for adjudication of the Seaside Groundwater
Basin, the safe yield is 3,000 acre-feet.
That includes pumping from the coastal and inland areas of the
basin. Presently, the Quarterly Water
Supply Strategy and Budget is based on a safe yield of 3,600 acre-feet. The District will be working with Cal Am to
reconcile the Quarterly Budget goals with the safe yield established in the adjudication
tentative decision. Cal Am will need
to reduce Seaside Basin production from 5,600 acre-feet to 3,000 acre-feet. District Counsel Laredo
reported that the Board met in a noticed Closed Session on January 25, 2006
to discuss the items listed on the January 26, 2006 Closed Session
agenda. The Board did not meet on January
26. At the January 25, 2006 meeting he
provided the Board with an update on the five items of existing litigation,
no reportable action was taken.
However, the Board did direct District Counsel and the General Manager
to convene a meeting with litigants in the Cal Am v. City of Seaside et al
adjudication lawsuit in order to move ahead on formation of the watermaster
board as required by the Superior Court’s tentative decision in that
matter. The Board also discussed
renewal of an employment agreement with the General Manager. They requested that the item be placed on
the February 23, 2006 regular Board meeting agenda for discussion in open
session. Director Edwards reported
that he observed operations at the
Aquifer Storage and Recovery test well site. He noted that 94 acre-feet of Carmel River
water were injected into the well in 2006. Chair Knight announced that
the item was deferred to a future meeting at the request of the applicant. Director Markey offered
a motion that was seconded by Director Pendergrass to defer this item to the
February 23, 2006 Regular Board meeting.
The motion was approved on a vote of 5 – 1. Directors Edwards, Lehman, Knight, Markey
and Pendergrass voted in favor of the motion.
Director Foy was opposed.
Director Potter was absent. The following persons
addressed the Board during the public hearing on this item. (1)
David Dilworth, representing HOPE, opined that the study could be
conducted without the assistance of an engineering consulting team. However, the study should be subject to an
independent review. He urged the Board
to specify that all information submitted by the project proponents will be
disclosable to the public. None of the
information should be protected from disclosure under the category of “trade
secrets.” (2) Robert Greenwood, Carmel Valley Association, stated that it
would be more appropriate for the Regional Urban Water Supply Project
governing board to commission this type of engineering study. (3)
John Fischer, resident of Pacific Grove, advised that the most important
factors in developing an environmentally benign desalination project are the
site and engineering criteria. (4) Brenda Agerback, Citizens for
Public Water, inquired about the scope of work for the study. Director Edwards made a
motion that was seconded by Director Lehman to create the Community Advisory
Committee. Director Edwards later
rescinded the motion. The Board discussed this
item and directed staff to send a letter to community groups inviting them to
participate on the Community Advisory Committee. Results of the inquiry could be provided to
the Board in 60 days. The charge to
the committee will be considered a draft that could be refined after the
Board reviews the results of the inquiry letter. During the discussion of
this item, the Board members suggested ideas for the committee charge and
membership. (1) The charge could be
similar to the Policy and Technical Advisory committees but with the added
phrase “other tasks as directed by the Board.” (2) The charge could also
include asking the committee to provide input on water supply project
decisions. (3) Suggest seven-member
committee. (4) Suggest 13-member
committee with 6 appointed by the Board from public interest groups, the
other 7 could also be appointed by the Board.
Term of appointment could be 2 years.
Term would end when the appointing director leaves office. (5) Membership should be from
environmental, business, real estate, visitor serving and military sectors of
the community. (6) Determine public
interest in serving on this committee by sending out a card or letter to
local groups soliciting their participation.
(7) Only persons who live in the District should participate on the
committee. (8) One Director could be
designated as a liaison to the committee available to answer any questions
the committee members might have. (9)
The solicitation letter should include the committee charge. (10) Community
groups could participate on a rotating basis so membership is not dominated
by a few groups. The following comments were
directed to the Board during the public comment period on this item. (1)
David Dilworth, representing HOPE, expressed support for creation of the
Community Advisory Committee. (2) Madeleine Clark, representing the
Elkhorn Slough Coalition, asked how many persons would sit on the
committee. (3) Manuel Fiero, a resident of Monterey, advised the Board that
creation of the committee would improve the District’s reputation in the
community by encouraging public participation in the decision making process. Director Markey proposed
a motion to pull this item from the agenda.
The motion was seconded by Director Knight. Director Edwards
clarified the motion to state that the item be withdrawn from consideration
and that all water supply issues would not be considered by a committee but
would be brought forward for consideration by the full Board. The District’s Strategic Plan will be
updated to reflect this decision. The
motion was approved unanimously on a vote of 6 – 0. Directors Edwards, Foy, Knight, Lehman,
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) Madeleine Clark, representing the
Elkhorn Slough Coalition, asked if a committee member’s term would be
terminated should he/she move out of the District. Chair
Knight advised that the committee was proposed to be comprised of three
Directors. It would not include
members of the public. Chair Knight offered a
motion that was seconded by Director Markey to authorize the Water Demand
Committee to jointly meet with the MRWPCA Committee assigned to oversee
development of the GRP and report back to the Board. The motion was adopted unanimously on a
vote of 6 – 0. Directors Edwards,
Foy, Knight, Lehman, 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)
John Fischer, resident of Pacific Grove, expressed support for the joint
effort to coordinate the Groundwater Replenishment Project. (2) Madeleine Clark, Elkhorn Slough
Coalition, asked if a member of the committee would be required to resign, should
the member move out of the District. District
Counsel Laredo confirmed that if a Director moved out of the District, that
Director must resign. (3) David Dilworth, HOPE, expressed
concern that Board members were busy with other responsibilities and would
not have time to serve on the Joint Board Leadership Committee. According to Mr. Dilworth, the Groundwater
Replenishment Project could be discussed by an existing Board committee. On a motion by Director
Edwards and second by Director Foy, the Board authorized the General Manager
to send a letter to California State Assembly members expressing opposition
to AB 737. The motion was adopted
unanimously on a vote of 6 – 0. Directors
Edwards, Foy, Knight, Lehman, Markey and Pendergrass voted in support of the
motion. Director Potter was absent. The following comments were
directed to the Board during the public comment period on this item. (1)
David Dilworth expressed opposition to AB 737. (2)
Robert Greenwood urged the Board to strongly oppose AB 737. There was no Board
discussion of these items. The meeting was adjourned
at 10 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the December 12,
2005 Regular Board Meeting 2.
Ratify Board Committee Assignments for Calendar Year
2006 3.
Refer Items to Technical Advisory Committee (TAC) 4.
Consider Approval of Annual Update on Investment
Policy 5.
Consider Adoption of Treasurer’s Report for November
2005 PRESENTATIONS 6.
Update on Carmel Area Wastewater District/Pebble
Beach Community Services District Expanded Recycled Water Project a.
Ray von Dohren, General Manager – Carmel Area
Wastewater District b.
Richard Andrews, General Manager and Mike Niccum,
District Engineer – Pebble Beach Community Services District c.
Mark Stilwell, Pebble Beach Company 7.
Water Supply Project Alternatives Update GENERAL MANAGER’S REPORT 8.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 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 Staff Decision Regarding
Classification of Dormitory Water Use – Robert Louis Stevenson School (APN
008-022-003, 008-022-012, 008-022-020, 008-022-021, 088-022-023, 088-022-033,
008-031-002, 008-031-013, 008-532-008, 008-532-009, 008-532-010) ACTION ITEMS 12.
Consider Supplemental Appropriation and
Authorization to Contract with Bookman-Edmonston/GEI Consultants to Prepare
Comparison of Desalination Project Costs and Timelines 13.
Consider Creation of
a Community Advisory Committee and Charge 14.
Consider Creation of a Water Supply Committee and
Charge 15.
Consider Request of Monterey Regional Water
Pollution Control Agency (MRWPCA) to Form Joint Board Leadership Committee to
Coordinate the Groundwater Replenishment Project (GRP) 16.
Review and Potentially Determine District Board
Policy Position Regarding AB 737 INFORMATIONAL ITEMS/STAFF REPORTS 17.
Letters Received 18.
Committee Reports 19.
Strategic Planning Initiatives Progress Report 20.
Carmel River Fishery Report 21.
Water Conservation Program Report 22.
Monthly Allocation Report 23.
November and December 2005 California-American Water
Company Production Reports 24.
Monthly Water Supply Status Report 25.
Quarterly Water Supply Project Status Report 26.
Quarterly Irrigation Program and Riparian Projects
Report 27.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 28.
Quarterly Water use Credit Transfer Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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A. Tavana/1/26-06 Board
Minutes/7 pages/2-11-06