EXHIBIT 1-ADRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District July 17, 2006 |
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The meeting was called to
order at 7 PM in the Boardroom of the Monterey Regional Water Pollution
Control Agency offices. 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 David Potter – Monterey
County Board of Supervisors (Arrived at 7:10 PM) Directors absent: None General Manager
present: David A. Berger District Counsel
present: Fran Farina The assembly recited the
Pledge of Allegiance. No comments were directed
to the Board during Oral Communications. On a motion by Director
Pendergrass and second by Director Edwards, the Consent Calendar was adopted
on a vote of 6 – 0. Directors Edwards,
Foy, Knight, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent for the vote. Approved. Approved. Approved
Approved. Approved. Hank Smith of the Carmel
River Steelhead Association presented a framed certificate of appreciation to
Larry Hampson, Water Resources Engineer, in recognition of his work on development
of a Large Woody Debris Project for the Carmel River Lagoon that has greatly
improved habitat for the Carmel River steelhead. Mr. Smith praised Mr. Hampson for his
dedication to the development of the project despite encountering many
setbacks in the process. Henrietta Stern, Project
Manager, provided a report to the Board.
A summary is on file at the District office and can be viewed on the
District’s website. In response to a
question from the Board, Ms. Stern explained that some of the concerns about
the proposed Phase 1 Aquifer Storage and Recovery Project (ASR) raised by the
California Department of Fish and Game and NOAA Fisheries were responded to
by development of measures to ensure that Carmel River water injected into
the Seaside Basin would be used only to reduce the need for pumping from the
Carmel River basin in the summer months.
Staff members from the District and California American Water (Cal Am)
discussed the issues and were able to develop procedures that will assure the
agencies that the injected water would not be used to solve over-pumping in
the Seaside Basin. Joe Oliver, Water Resources
Division Manager, presented the report.
A summary of the report is on file at the District office and can be
viewed at the District’s website. Mr.
Oliver reported that between October 1, 2005 and July 12, 2006 Cal Am
production from the Carmel River was 493 acre-feet below the year-to-date
production target established as a result of SWRCB Order 95-10. In response to a question
from the Board, Mr. Oliver explained that injection of Carmel River excess
winter flows into the Seaside Basin does not increase the operating yield for
the Cal Am system. All users in the
basin are assigned an allocation from the Seaside Basin that takes into account
natural recharge rates. The artificial
recharge represented by the ASR project does not effect Cal-Am’s allocation
from the basin. The Watermaster should
discuss this issue in the future. David Berger, General
Manager, reported that on June 29, 2006, the Board conducted a Closed Session
with labor negotiators regarding labor contracts with the General and
Management bargaining units. The Board
provided direction to the negotiator.
No reportable action was taken.
Mr. Berger reported that at the July 17, 2006 Closed Session the Board
discussed the same labor contracts under item 3. Direction was given to the negotiators and
no reportable action was taken. District Counsel, Fran
Farina, reported that at the July 17, 2006 Closed Session, there was no
discussion of item 4.A. A report was
provided to the Board on items 4.B and 4.C, but no reportable action was
taken. Action was taken on item 4.D
as the Board directed that the District will not appeal the appellate court
decision. The Board also deferred to
District Counsel’s determination regarding pursuit of a matter relate to item
4.D. Chair Knight reported that
the California Public Utilities Commission is conducting a public hearing on
July 18, 2006 at 7 PM at the Monterey Marriott in the San Carlos
Ballroom. The topic is Cal Am’s
request to the CPUC to recover costs for Coastal Water Project
pre-construction expenses and to begin collecting contributions from the
ratepayers for the project. Director
Foy announced that he attended the formal change of command ceremony when
Colonel Pamela Martis was given command of the Defense Language
Institute. Mr. Foy stated that he was
pleased to know that Colonel Martis planned to work closely with the
community, just as her predecessor Colonel Jeffrey Cairns had. On a motion by Director
Pendergrass and second by Director Edwards, the staff recommendation to adopt
Ordinance No. 124 and transmit a Notice of Determination to the Monterey
County Clerk was approved unanimously on a roll-call vote of 7 – 0. No comments were directed to
the Board during the public hearing on this item. Director Edwards offered
a motion to adopt the first reading version of Ordinance No. 126 and schedule
the ordinance for second reading on August 21, 2006. The motion was seconded by Director Foy and
adopted on a roll-call vote of 5 – 2.
Directors Edwards, Foy, Knight, Markey and Pendergrass voted in favor
of the motion. Directors Lehman and
Potter were opposed. No comments were directed to the Board
during the public hearing on this item. There was no Board
discussion of the Informational Items/Staff Reports. The meeting was adjourned
at 8:45 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the June 22, 2006
Regular Board Meeting and June 29, 2006 Special Meeting/Board Workshop 2.
Consider Extension of United States Geological
Survey Cooperative Agreement for Water Year 2007 3.
Consider Approval of Annual Memorandum of Agreement
between the MPWMD and the California Department of Fish and Game – Sleepy
Hollow Steelhead Rearing Facility Operations 4.
Consider Approval of Renewed Memorandum of Agreement
between the MPWMD and the Carmel River Steelhead Association – Sleepy Hollow
Steelhead Rearing Facility Operations 5.
Consider Adoption of Treasurer’s Report for May 2006 PRESENTATIONS 6.
Presentation of Certificate of Appreciation to Larry
Hampson, Water Resources Engineer, by Representative of the Carmel River
Steelhead Association for Work on the Large Woody Debris Project 7.
Water Supply Project Alternatives Update GENERAL MANAGER’S REPORT 8.
Status Report on California-American Water Company
Compliance with State Water Resources Control Board Order 95-10 ATTORNEY’S REPORT 9.
Reports on June 29, 2006 and July 17, 2006 Closed
Sessions of the Board July
17, 2006 Closed Session Agenda 1.
Public Comment 2.
Adjourn to
Closed Session 3.
Conference with
Labor Negotiators (Gov. Code 54957.6) Agency
Designated Representatives: Ellen
Aldridge, Rick Dickhaut, Cynthia Schmidlin, David A. Berger Employee
Organization: General and Management
Bargaining Units represented by Laborer’s International Union of North
America, AFL-CIO, (LIUNA/UPEC) Local 270 4.
Conference with
Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a)) A.
Save Our Carmel
River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD
Board; and the City of Seaside; Monterey County Superior Court Case No.
M72877 B.
Application of
California American Water Company to the Public Utilities Commission
Application No. 04-09-019 – Coastal Water Project C.
Application of
California American Water Company to the Public Utilities Commission
Application No. 05-02-012 – General Rate Case D.
Save Our Carmel
River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD
Board; and the City of Monterey:
Monterey County Superior Court Case No. M72061 DIRECTORS’ REPORTS 10.
Oral Reports on Activities of County, Cities, Other
Agencies/Committees/ Associations
PUBLIC HEARINGS 11.
Consider Second Reading and Adoption of Ordinance
No. 124 – Water Distribution System Regulation Amendment Ordinance (Rule
20-C) 12.
Consider First Reading of Ordinance No. 126 –
Setting Compensation for Board Members ACTION ITEMS 13.
Consider Amendment to Agreement with
Bookman-Edmonston/GEI Consultants to Revise Final Report on Seawater
Desalination Project Alternatives INFORMATIONAL ITEMS/STAFF REPORTS 14.
Letters Received 15.
Committee Reports 16.
Strategic Planning Initiatives Progress Report 17.
Carmel River Fishery Report 18.
Water Conservation Program Report 19.
Monthly Allocation Report 20.
Monthly California American Water 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 |
___________________________________________
David A. Berger, Secretary to the Board
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