EXHIBIT 1-BDRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District April 17, 2006 |
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The meeting was called to
order at 7:05 PM in the Boardroom of the Monterey Regional Water Pollution
Control Agency offices. Board members present: Michelle Knight, Chair –
Division 4 Judi Lehman, Vice Chair –
Division 2 Alvin Edwards – Division 1 Kristi Markey – Division 3 Larry Foy – Division 5
(Participated by telephone from Surprise, David Pendergrass – Mayoral
Representative David Potter – Board members absent: None General Manager
present: David A. Berger District Counsel
present: David C. Laredo The assembly recited the
Pledge of Allegiance. George Riley addressed the
Board. He urged the Board to support
SB1630 because it would allow public agencies to participate in a cooperative
environment when negotiating for purchase of a private utility. He proposed that adoption of SB1630 would
be advantageous to any public entity that bid for purchase of the local
California American Water System. On a motion by Director
Pendergrass and second by Director Edwards, the Consent Calendar items were
approved unanimously on a vote of 7 – 0. Approved. Approved. Approved. Approved. Henrietta Stern, Project
Manager, presented the report. A
summary is on file at the District office.
General Manager Berger advised the Board that Poseidon Resources, the
consultant working with Pajaro/Sunny Mesa Community Services District on
development of a desalination plant at Moss Landing, has not submitted
project cost information requested by the District. Director Potter suggested that the Board
should decide if the comparison of desalination project costs and timelines
study could be completed without the requested information. Dave Dettman, Senior
Fisheries Biologist, presented the report.
A summary is on file at the District office. He reported that 24,336 fish were rescued
and reared at the Sleepy Hollow Steelhead Rearing Facility, and 13,911
survived and were released into favorable habitat on the Carmel River. That equates to a 57% survival rate, which
is higher than the summer survival rate of 10% to 40% under natural
conditions. During the question and
answer period on this item, Director Potter proposed that regulatory
agencies, public-interest groups, and the District should work together to
improve the survival rate of Carmel River Steelhead. He suggested that within six months such a
group should develop a plan for managing the Carmel River Lagoon, and moving
the steelhead upstream without capturing and trucking them. General Manager Berger announced that David
Dettman will retire from the District in July 2006. Joseph Oliver, Water
Resources Division Manager, presented the report. A summary is on file at the District
office. He stated that as of April 11,
2006, Cal-Am production from the Carmel River was 323 acre-feet under the
annual limit established as a result of SWRCB Order 95-10. In response to questions from the Board, he
stated that Seaside Basin coastal wells were not in production at that
time. He also reported that aquifer
storage and recovery activities were continuing at the Santa Margarita test
injection well site. He estimated that
if Carmel River flow continued at a study rate, approximately 500 acre-feet
of Carmel River water could be injected into the Seaside Basin by the end of
May 2006. Larry Hampson, Water
Resources Engineer, presented the report which is on file at the District
office. He explained that the District
initiated a temporary Declaration of Emergency Status for the Carmel River
between Via Mallorca Bridge and Rancho San Carlos Road Bridge. Since then the District and affected
property owners have agreed to share the cost of long-term streambank
stabilization work in the area. During the question and answer period,
Director Potter stated that it might be possible for the District to take a
partial leadership role in organizing a group larger than the Carmel
Watershed Conservancy to address river management issues such as fish, river
flow, and property preservation issues.
He also expressed a desire for a flood management plan to be developed
for the Carmel River. Mr. Hampson
noted that the District hopes to update the Carmel River Management Plan with
Proposition 50 planning grant funds.
An updated plan could address some of the concerns expressed by
Director Potter. He also stated that
the District is focused on erosion control and habitat protection, and that
the Monterey County Water Resources Agency is responsible for flood
control. Directors Knight and Potter
suggested that entities with various missions could collaborate on
comprehensive river management. District Counsel, David
Laredo, reported that he provided status reports to the Board on closed
session items 3 A through E and no action was taken. The Board did take action on two
items. (1) On a motion by Director
Knight and second by Director Foy, the Board voted to not appeal Superior Court Judge Randall’s final
decision in California-American Water v. City of Seaside et. al., Monterey
County Superior Court Case No. M663443.
The motion was adopted on a vote of 4 to 1. Directors Foy, Knight, Markey and Lehman
voted in favor of the motion. Director
Edwards was opposed. Director Potter
was absent and Director Pendergrass excused himself from the discussion and
vote due to a conflict of interest.
(2) The Board voted to engage Ellen Aldrich for labor relations
consulting services relating to District labor organizations. The Board approved a pay rate of $210 per
hour for a not-to-exceed amount of $17,000.
Voting in favor of the motion were Directors Foy, Pendergrass, Knight,
Edwards and Markey. Voting in
opposition was Director Lehman.
Director Potter was absent for the vote. The Board also discussed a case of
significant exposure to litigation listed as item 4 on the agenda. No action was taken on that item. Director Lehman commented
on a letter, from Hebard Olson suggesting changes to the format of PowerPoint
presentations so they would be easier to view by the television
audience. She suggested that graphs
prepared by staff use various patterns, instead of colors to differentiate
between fields. Director Markey
reminded the Board and viewers that all PowerPoint presentations are
available for view at the District’s website on the day following the Board
meeting. She suggested that the
televised broadcast would be improved if the bottom of the viewing screen included
text identifying the topic of discussion.
General Manager Berger advised the Board that the quality of the
broadcast will improve when the Board meetings are broadcast for the District
conference room, because an updated method of broadcasting the presentations
will be implemented. Director Potter
spoke on the May 10, 2006 meeting regarding formation of the Monterey Bay
Regional Water Authority. He stated
that there was consensus among the meeting participants that a new regional
entity should review regional water needs and solutions. Director Pendergrass noted that the concern
among the participants was how to pay for the work of the Monterey Regional
Water Authority and how to pay for a new water supply project. Chair Knight reported that the first
meeting of the Seaside Groundwater Basin Watermaster was conducted on April
5, 2006. Mr. Berger reported that the
Watermaster Technical Committee also met and developed a timeline and
assigned tasks for completion of the Seaside Basin monitoring and management
plan mandated by the adjudication lawsuit.
He noted that Joe Oliver is the lead staff person from the District on
preparation of the monitoring and
management plan. District Counsel Laredo
described the bill. Director Edwards
stated that he added this item to the agenda so that the public would be
aware of the proposed legislation. The
Directors commented on the legislation.
District Counsel Laredo reminded the Board that Meeting Rule 6
requires Directors to clarify that they are speaking as individuals and not
on behalf of the Board when making oral or written comments. The meeting was recessed
from 8:40 PM to 8:45 PM. At the onset
of the recess, Director Foy chose to end his participation in the meeting. No action was taken by the
Board. Chair Knight noted that written
comments on the Draft EIR/EA will be received through May 8, 2006. The following oral comments on the Draft
EIR/EA were received. (1) Robert Greenwood read a letter on
file at the District office. He
requested that the Final EIR address the cost of installing a permanent
pipeline connection to the Cal-Am system, large enough to serve Phase 2 of
the project. (2) John Fischer, a resident of Pacific Grove and a participant
in the Sanctuary/Coastal Commission review of the coastline for coastal
erosion. At a recent committee
meeting, a question was raised about the old Monterey Bay oil storage plant,
and whether that could be a problem.
He was later advised by Joe Oliver that it would not affect the
aquifer. Mr. Fischer thanked Mr.
Oliver for taking the time to respond to his question. Stephanie Pintar, Water
Demand Manager reviewed Rules 11 through 24 of the proposed conceptual
ordinance. During the presentation,
Director Potter left the meeting at 9:20 PM and Director Edwards exited the
meeting at 9:30 PM. Staff was directed
to continue the review of proposed Rules 25 through 30 at the May 15, 2006
discussion of the conceptual ordinance.
No public comment was received on this item. Director Markey made a
motion to adopt the proposed Board expense reimbursement policy, modify
Meeting Rules 9 and 10, and require that specific staff members attend ethics
training in accordance with AB1234. In
addition, the Administrative Committee was directed to develop a procedure
for reporting reimbursable expenses and to review the rules that allow annual
cost-of-living increases on the $100 per day stipend received for attendance
at meetings. The motion was seconded
by Director Pendergrass and approved on a vote of 4 – 0.
Directors Knight, Lehman, Markey and Pendergrass voted in favor of the
motion. Directors Edwards, Foy and
Potter were absent for the vote on this item. There was no Board
discussion of the Informational Items/Staff Reports. The meeting was adjourned
at 10:15 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Receive and File District-Wide Annual Water
Distribution System Production Summary Report for Water Year 2005 2.
Receive and File District-Wide Annual Water
Production Summary Report for Water Year 2005 3.
Consider Approval of Revised Text for Draft 2005
MPWMD Annual Report 4.
Consider Adoption of Treasurer’s Report for February
2006 PRESENTATIONS 5.
Water Supply Project Alternatives Update 6.
2005-06 Steelhead Rescue/Rearing Season Report GENERAL MANAGER’S REPORT 7.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 8.
Report on Carmel River Erosion Protection Work 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 11.
Report from Director Edwards on SB1630 (Maldanado)
re Investor Owned Utility First Right Buyout PUBLIC HEARINGS 12.
Receive Oral Comment on Draft EIR/EA on Phase 1
Aquifer Storage and Recovery Project ACTION ITEMS 13.
Discuss Conceptual Ordinance Clarifying Rules
Related to Water Permits and Credits 14.
Consider Adoption of Board Expense Reimbursement
Policy and Modification of the Meeting Rules to Comply with AB1234 and
Designate Employees Required to Attend Ethics Training INFORMATIONAL ITEMS/STAFF REPORTS 15.
Letters Received 16.
Committee Reports 17.
Strategic Planning Initiatives Progress Report 18.
Carmel River Fishery Report 19.
Water Conservation Program Report 20.
Monthly Allocation Report 21.
Monthly California American Water Production Report 22.
Monthly Water Supply Status Report 23.
Quarterly Water Supply Project Status Report 24.
Quarterly Irrigation Program and Riparian Projects
Report 25.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 26.
Quarterly Water Use Credit Transfer Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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