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EXHIBIT 1-A DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District February 22, 2007 |
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The meeting was called to
order at 7 PM in the MPWMD Conference Room. Board
members present: David
Pendergrass, Chair – Mayoral Representative Kristi
Markey – Division 3 David
Potter – Board
members absent: General
Manager present: David A. Berger District
Counsel present: The assembly recited the
Pledge of Allegiance No comments were directed
to the Board during Oral Communications. On a motion by Director
Edwards and second by Director Potter, the Consent Calendar was approved
unanimously on a vote of 6 – 0.
Director Foy was absent. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Chair Pendergrass presented
a plaque to General Manager Berger
reviewed the Strategic Plan Update that was presented in the Board packet. During the public comment
period, Manual Fierro, a member of the District’s Community Advisory
Committee (CAC), asked for an update on negotiations between the District and
California American Water (CAW) on water rights for the Aquifer Storage and
Recovery (ASR) Project. Mr. Berger
responded that Mr. Fierro posed an identical question to the CAC in writing,
and that the question would be answered at the next CAC meeting. Darby Fuerst, Water
Resources Manager, presented the report.
An outline of his presentation is on file at the District office and
on the District’s website. Mr. Fuerst
reported that CAW production from the District Counsel Laredo
reported that he provided the Board with a status report on items 3.A through
3.C. No action was taken on those
items. Regarding Item 4, the Board
agreed unanimously on a vote of 6 – 0 (Director Foy was absent) to retain
Ellen Aldrich of William Avery and Associates to act as the District’s lead
bargaining representative related to negotiations with the General and
Management Staff Bargaining Units, for a not-to-exceed amount of
$22,000. Director Knight reported
that the Seaside Groundwater Basin Watermaster authorized a contract with
Martin Feeney to implement a Seawater Sentinel Monitoring Well Work
Plan. In addition, the Watermaster’s
2006 Annual Report was submitted as required by the adjudication
decision. Ms. Knight thanked Director Potter reported
that his office received several phone calls expressing concern about the
quality of repaving associated with the CAW pipeline replacement project on Director Pendergrass
reported that he attended the January 28, 2007 meeting sponsored by the
Public Utilities Commission Division of Ratepayer Advocates (DRA) on regional
water supply planning. He also
reported that on February 21, 2007, a meeting was conducted to review a draft
Memorandum of Understanding regarding formation of a regional water
management planning group. The meeting
was well attended by managers, board members and council members of local
government agencies. The agency
managers agreed to submit the MOU to their governing bodies for review within
45 to 90 days. The MOU will be revised
based on comments received, and another meeting will be scheduled to review the
document. It should then be forwarded
to participating agencies for signature. Director Potter made a
motion to approve the variance with the conditions described in the staff
report, and to include two additional conditions: (1) the applicant will indemnify the
District should a legal challenge be filed based on the CEQA findings adopted
by the Board; and (2) specify by deed restriction that outdoor water use
could not be converted to an indoor use.
The motion was seconded by Director Knight and approved unanimously on
a vote of 6 – 0. Director Foy was
absent. During the public hearing
on this item, Fred Hintz, construction manager for the On a motion by Director
Edwards and second by Director Knight, the item was continued to the March
19, 2007 Board meeting. The motion was
approved on a vote of 4 – 2. Directors
Edwards, Knight, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed. Director Foy was absent. The following comments were
directed to the Board during the public hearing on this item. (1)
Derinda Messenger, representing the applicant, apologized for late
submittal of the request for a continuance.
She explained that there was insufficient time for her to review the
facts of the appeal, and that the architect is out of the country. (2)
Luyen Vun, representing Eric Miller Architects, stated that the staff
report was available for review on Friday, February 16, 2007. Due to the February 19, President’s Day
Holiday, there was insufficient time for the applicant to respond to the
staff recommendation. Director Markey offered
a motion that was seconded by Director Potter to adopt the proposed mid-year
budget adjustment for Fiscal Year 2006-07.
The motion was adopted unanimously on a vote of 6 – 0. Director Foy was absent. No comments were directed
to the Board during the public hearing on this item. Director Edwards made a
motion to approve the staff recommendation to amend the existing contract
with B-E/GEI at a cost not-to-exceed $30,000, which includes a $2,800
contingency amount. The motion was
seconded by Director Knight and adopted on a vote of 4 – 2. Directors Edwards, Knight, Lehman and
Markey voted in favor of the motion.
Directors Potter and Pendergrass were opposed. Director Foy was absent. Manual Fierro addressed the
Board during the public comment period on this item. He stated that the Community Advisory
Committee and DRA discussions will occur before the report is updated. He described this timing issue as a
catastrophe. Director Edwards made a
motion to adopt the staff recommendation to conduct a workshop on August 30,
2007, and to adopt the five suggestions for improving understanding and
cooperation with CAW with the following amendments: (1) add the words “when
warranted” at the end of the second sentence in Suggestion No. 3; (2) delete
the text of Suggestion No. 5 and replace it with the words, “For Issues that
have potential as publicly reported disagreements, CAW and the District
commit to discussion in order to reach a common understanding of the facts,
and mutual recognition of divergent perspectives.” The motion was adopted unanimously on a
vote of 6 – 0. Director Foy was
absent. Chair Pendergrass asked that the Public
Outreach Committee review the outline submitted by CAW, and refer it to the
Chair and Vice Chair for review. The
outline will then be submitted to the full Board for approval as a Consent
Calendar item. No comments were directed
to the Board during the public comment period on this item. The Informational
Items/Staff Reports were not discussed. The meeting was adjourned
at 9:12 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1. Consider Adoption of Minutes of the
January 25, 2007 Regular Board Meeting 2. Consider Expenditure of Budgeted Funds
for 2006 MPWMD Annual Report 3. Consider Recommendation of Administrative
Committee to Authorize its Continued Work on the Draft PowerPoint
Presentation Regarding MPWMD Strategic Water Issues Affecting the
Jurisdictions 4. Consider Authorization of Budgeted
Contingency Adjustment for Drilling of Full-Scale Aquifer Storage and
Recovery (ASR) Well as Part of MPWMD Phase 1 ASR Project 5. Consider Approval of Second Quarter
Fiscal Year 2006-07 Investment Report 6. Consider Adoption of Treasurer’s Report
for November 2006 7. Consider Adoption of Treasurer’s Report
for December 2006 PRESENTATIONS 8. Presentation to 2006 Board Chair, 9. Strategic Plan Update 10. Water Supply Project Alternatives Update GENERAL
MANAGER’S REPORT 11. Status Report on ATTORNEY’S
REPORT 12. Report on 5:30 PM Closed Session of the
Board 3. Conference
with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a)) A. Application of California-American Water Company to the Public
Utilities Commission Application No. 04-09-019 and the Coastal Commission –
Coastal Water Project B. State Water Resources Control Board Permit
No. 7130B C. State Water Resources Control Board Permit
No. 20808 4. Conference with Labor Negotiators (Gov.
Code 54957.6) Agency
Designated Representatives: Employee
Organization: General Staff and
Management Staff Bargaining Units Represented by Laborer’s International
Union of 5. Adjourn
to 7 PM Session DIRECTOR’S REPORTS (INCLUDING AB 1234
REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) 13. Oral Report on Activities of County,
Cities, Other Agencies/Committees/Associations PUBLIC
HEARINGS 14. Consider Request for Variance from Water
Meter Requirements (District Rule 23-A) – 15. Consider Appeal of District General
Manager’s Decision to Deny a Water Permit for a Third Bathroom Addition to
905 Ocean View Blvd., Pacific Grove (APN 006-031-004) 16. Consider Adoption of MPWMD Mid-Year Fiscal
Year 2006-2007 Budget Adjustment ACTION
ITEMS 17. Consider Expenditure of Funds to Prepare
Revised Version of June 26, 2006 Report by Bookman-Edmonston/GEI Consultants,
“Seawater Desalination Projects Evaluation” Including Seawater Conversion
Vessel Alternative 18. Consider Conducting Board Workshop on
August 30, 2007 Regarding Operating Functions and Service Responsibilities of
INFORMATIONAL ITEMS/STAFF REPORTS 19. Semi-Annual Financial Report on the
CAWD/PBCSD Wastewater Reclamation Project 20. Semi-Annual Groundwater Quality Monitoring
Report 21. Letters Received 22. Committee Reports 23. 24. Water Conservation Program Report 25. Monthly Allocation Report 26. Monthly 27. Monthly Water Supply Status Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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