EXHIBIT 1-A
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District August 20, 2007 |
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The meeting was called to
order at 7 PM in the District conference room. Directors present: David Pendergrass, Chair –
Mayoral Representative Judi Lehman – Division 2 Kristi Markey – Division 3 Michelle Knight – Division
4 Larry Foy – Division 5 Directors absent: Alvin Edwards – Division 1 David Potter – General Manager
present: David A. Berger District Counsel
present: David Laredo The assembly recited the
Pledge of Allegiance. The following persons
addressed the Board during Oral Communications. (1) Lance Monosoff introduced himself as a candidate for the
November 6, 2007 election in District 5.
(2) Regina Doyle introduced
herself as a candidate for the November 6, 2007 election in District 4. On a motion by Director
Foy and second by Director Knight, the Consent Calendar was approved except
for Item 3 that was pulled for separate consideration. The motion to approve was adopted
unanimously on a vote of 5 – 0.
Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor
of the motion. Directors Edwards and
Potter were absent from the meeting. Approved. Approved On a motion by Director
Markey and second by Director Lehman, the Board unanimously approved an
expenditure of a not-to-exceed amount of $30,000 to conduct a survey of the
Carmel River channel and cross-sections.
The motion was approved on a vote of 5 – 0. Directors Pendergrass, Lehman, Markey,
Knight and Foy voted in favor of the motion.
Directors Edwards and Potter were absent from the meeting. Chair Pendergrass announced that item 17, Consider
Report and Recommendation from Administrative Committee on Campaign Finance
Reporting Regulations would be continued to the September 17, 2007 meeting
when all Directors would be present. No persons
addressed the Board during the public comment period on this item. Approved. Approved. Bill Leahy, Executive
Director and Donna Meyer, Conservation Program Director for the Big Sur Land
Trust addressed the Board. An outline
of the presentation is on file at the District office and can be viewed at
the District’s website. General Manager Berger
presented an update on progress the District has made towards completion of
the goals and objectives listed in the Strategic Plan. An outline of the presentation is on file
at the District office and can be viewed at the District’s website. Henrietta Stern, Project Manager,
gave a report on progress made on development of water supply project
alternatives. An outline of the
presentation is on file at the District office and can be viewed at the
District’s website. Catherine Bowie and
Stephanie Pintar presented an update to the Board. An outline of the presentation is on file
at the District office and can be viewed at the District’s website. The report was presented by
Darby Fuerst, Water Resources Division Manager. An outline of the presentation is on file
at the District office and can be viewed on the District’s website. He reported that California American Water
(CAW) production from the Carmel River between October 1, 2006 and August 15,
2007 was 8,834 acre-feet (AF), which is 589 AF under the limit established by
State Water Resources Control Board (SWRCB) Order 95-10. CAW production from the Coastal and Laguna
Seca Subareas of the Seaside Basin during the same period was 9 AF over the
3,115 AF limit established by the Seaside Basin Adjudication. During the discussion following Mr.
Fuerst’s presentation, Chair Pendergrass requested that staff present a
report at a future meeting on the feasibility of cloud seeding in the Carmel
River watershed. There was no discussion or
action taken on this item. The report
was presented in writing in the Board packet. District Counsel Laredo
reported that the meeting was called to order at 5:30 PM. Directors Foy, Lehman, Markey, Knight,
Pendergrass and Potter were present.
Director Edwards was absent. No
public comment was presented and the meeting was adjourned to closed
session. During the closed session,
District Counsel provided the Board with a report on items 3.A through
3.F. No action was taken on items 3.A,
B, E and F. Regarding items C and D,
the Board unanimously endorsed a settlement proposal in conjunction with CAW,
NOAA Fisheries and the California Department of Fish and Game. If the SWRCB accepts the settlement
proposal, it would enable issuance of water rights permits for the Phase 1
Aquifer Storage and Recovery Project (ASR).
The hearing before the SWRCB on that matter was set for September 24
and 25, 2007. The pre-hearing
conference set for August 21, 2007 was cancelled, pending further discussions
on the settlement. Regarding item 4,
no reportable action was taken. Director Knight, MPWMD
representative to the Seaside Groundwater Basin Watermaster, reported that
the Watermaster now provides a monthly report on water production within the
Seaside Groundwater Basin. She noted
that the contract for Bob Jaques, Technical Program Manager for the
Watermaster, is still under review.
Chair Pendergrass thanked Director Potter, who is a member of the
California Coastal Commission, for his support before the Commission on
issuance of permits for construction of monitor wells by the Watermaster. Director Foy made a
motion that was seconded by Director Knight, to adopt Ordinance No. 129 on
second reading and direct staff to file a Notice of Exemption for the
ordinance. The motion was approved
unanimously on a vote of 5 – 0.
Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor
of the motion. Directors Edwards and
Potter were absent from the meeting. During the public hearing
on this item, George Riley, a resident of Monterey, addressed the Board. He suggested that the District extend the
rebate to persons who are replacing a qualifying water saving device with a
new model. The rule proposes to offer
a rebate for the initial purchase of a qualifying water saving device, not
for replacement of an existing water saving device. On a motion by Director
Lehman and second by Director Foy, the Board voted unanimously to refer this
issue to the Rules and Regulations Committee for further refinement and
presentation to the Board possibly at the September 17, 2007 meeting. Directors Pendergrass, Lehman, Markey,
Knight and Foy voted in favor of the motion.
Directors Edwards and Potter were absent from the meeting. No comments
were directed to the Board during the public comment period on this item. Director Foy made a
motion to appoint the Board Chair as representative to the Leadership Task
Force and the Vice Chair as alternate.
The motion was seconded by Director Knight Director Markey proposed
that the motion be amended to state that if the Board Chair declines to serve
as representative to the Leadership Task Force, the Vice Chair would be
appointed as the representative and the Chair would serve as alternate. If both the Chair and Vice Chair declined
to serve, the Board would make the appointment. Directors Foy and Knight accepted the
amendment. The amended motion was
approved unanimously on a vote of 5 – 0.
Directors Pendergrass, Lehman, Markey, Knight and Foy voted in favor
of the motion. Directors Edwards and
Potter were absent from the meeting. No comments were directed to the Board
during the public comment period on this item. Chair Pendergrass deferred
the item to the September 17, 2007 Board meeting when all seven Directors
would be present to consider the issue. There was no discussion of
the Informational Items/Staff Reports. The meeting was adjourned
at 9:20 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Adoption of Minutes of the July 16, 2007
Regular Board Meeting 2.
Consider Extension of Cooperative Agreement with the
United States Geological Survey (USGS) for Streamflow Gaging in Water Year
2008 3.
Consider Expenditure of Budgeted Funds to Conduct
Survey of Carmel River Channel Profile and Cross-Sections 4.
Consider Adoption of Resolution 2007-13 – A
Resolution of the Board of Directors of the Monterey Peninsula Water
Management District Approving the Form of and Authorizing the Execution and
Delivery of a Sixth Amended Joint Powers Agreement Relating to the California
Special District Risk Management Authority 5.
Consider Approval of a Fourth Quarter Investment
Report PRESENTATIONS 6.
Report from Bill Leahy and Donna Meyers of the Big
Sur Land Trust on the Carmel River Parkway Plan 7.
Strategic Plan Update 8.
Water Supply Project Alternatives Update 9.
Update on Conservation Program from Catherine Bowie
of California American Water and Stephanie Pintar of MPWMD GENERAL MANAGER’S REPORT 10.
Status Report on California American Water
Compliance with State Water Resources Control Board Order 95-10 and Seaside
Groundwater Basin Adjudication Decision 11.
Report on Emergency Procurement of 30 Horsepower
Motor for the Cooling Tower at Sleepy Hollow Steelhead Rearing Facility 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 California Public Utilities Commission Application
No. 04-09-019 – Coastal
Water Project B. Application of California American Water Company to the California Public Utilities Commission -- Application No. 07-02-023 -- Allowance for Funds Used During Construction (AFUDC) for its San Clemente
Dam Memorandum Account C. State Water Resources Control
Board Permit No. 7130B D. State
Water Resources Control Board Permit No. 20808 E. MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498 F. MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499 4. Public Employees Performance Evaluation
(Gov. Code 54957) – General 5. Adjourn
to 7 PM Session DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) 13.
Oral Reports on Activities of County, Cities, Other
Agencies/Committees/Associations PUBLIC HEARINGS 14.
Consider Second Reading and Adoption of Ordinance
No. 129 – An Ordinance of the Monterey Peninsula Water Management District
Adding the Rebate Program to the Rules and Regulations of the District,
Amending the Rebate Amounts, Excluding Areas within the District that Receive
Water from Water Distribution Systems Not Regulated by the District from the
Rebate Program, and Adding Rebates for Certain Water Saving Irrigation System
Retrofits ACTION ITEMS 15.
Consider Development of an Ordinance that would
Amend the Process by which the District Enforces its Rules and Regulations 16.
Appoint Representative to the Monterey Bay Regional
Water Solutions Leadership Task Force 17.
Consider Report and Recommendations from
Administrative Committee on Campaign Finance Reporting Regulations (Continued
from May 21, 2007 Board meeting) INFORMATIONAL ITEMS/STAFF REPORTS 18.
Letters Received 19.
Committee Reports 20.
Carmel River Fishery Report 21.
Water Conservation Program Report 22.
Monthly Allocation Report 23.
Monthly California American Water Production Report 24.
Monthly Water Supply Status Report 25.
Semi-Annual Ground Water Quality Monitoring Report ADJOURNMENT |
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