EXHIBIT 1-A |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District March 17,
2008 |
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The meeting was called to
order at 7:00 PM in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Judi Lehman, Chair –
Division 2 Kristi Markey, Vice Chair
-- Division 3 Alvin Edwards – Division 1 Bob Brower – Division 5 David Pendergrass – Mayoral
Representative David Potter – Directors Absent: None General Manager present: David A.
Berger District Counsel present: David C.
Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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The following comments were
received during Oral Communications. (1) Lorin Letendre, representing
Monica Hunter and the Carmel River Watershed Conservancy (CRWC) announced
that the CRWC would conduct two informational meetings on the San Clemente
Dam Removal Project and receive pubic comment on the project. The meetings are scheduled for March 26,
2008, at 1 PM in the Hidden Valley Music Seminars in |
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ORAL COMMUNICATIONS |
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On a motion by Director
Edwards and second by Director Potter, the Consent Calendar was unanimously
approved with the exception of item 2, that was pulled for separate
consideration. The motion was adopted
on a vote of 7 – 0. |
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CONSENT CALENDAR |
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Approved. |
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1. |
Consider Adoption of Minutes of the February 28,
2008 Regular Board Meeting |
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On a motion by Director
Brower and second by Director Pendergrass, the Board requested that District
Counsel modify the letter to state that the District would support a request
from California American Water (CAW) for a change in the point of diversion
from San Clement Dam, in order to maintain its water rights. The motion was approved unanimously on a
vote of 7 – 0. |
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2. |
Consider
Approval of Letter to |
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Approved. |
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3. |
Authorize
Expenditure of Budgeted Reimbursable Funds to Contract for Consulting
Services to Conduct Induction Data Logging at |
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Approved. |
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4. |
Consider
Expenditure of Budgeted Funds to Contract with Graham Matthews and Associates
to Complete a Preliminary Design for the |
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Approved. |
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5. |
Consider Reconvening
Ad-Hoc Community Advisory Committee to |
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Approved. |
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6. |
Consider
Approval of Treasurer's Report for January 2008 |
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Approved. |
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6X. |
Consider Acceptance of Resignation of General
Manager David Berger |
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PRESENTATIONS |
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Lyndel Melton gave a
presentation that is on file at the District office and can be viewed on the
District’s web site. Following his
presentation he responded to questions from the Board of Directors. Some of his comments are recorded here. An MOU to fund costs for engineering work
related to the regional plan developed by the Regional Plenary Oversight
Group (REPOG) has been signed by CAW and the Marina Coast Water District
(MCWD). It will also be considered by
the Monterey County Water Resources Agency and the Monterey Regional Water
Pollution Control Agency. The cost to
operate the 9,000 acre-foot desalination project proposed in the regional
plan could be one-third less than the cost for other desalination
alternatives because it would process brackish water and would utilize an
existing outfall. The regional project
would be funded by rate payers. Once
the project is defined, it should be incorporated into the Integrated
Regional Management Plan in order to take advantage of opportunities for
state funding. Since the project is focused on environmental enhancement,
other sources of funding may also be available. The desalination project could be owned by
a private company or a public agency.
CAW and MCWD have both indicated an interest in owning the project.
Concern has been expressed about the transfer of water from the Salinas
groundwater basin to other areas. The
goal is to balance transfers of water from one basin to another, and to
develop a clear description of the source for desalinated and reclaimed water
and where the purified water will be transferred. For example, it is necessary
to quantify the amount of source water for the Castroville Seawater Intrusion
project that is derived from the Monterey Peninsula over a specified time
period. RMC plans to complete the
environmental studies on the regional option according to the same timeline
specified for completion of the EIR on CAW’s Coastal Water Project. If the District were to construct an 8,400
acre-foot desalination project, the yield from the proposed regional project
would be reduced. |
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7. |
Presentation
by Lyndel Melton, RMC Water and Environment, on “Sustainable Water Supply
Program for Monterey County” |
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General Manager Berger
announced that the District prepared a mailer describing the draft Cease and
Desist Order issued by the SWRCB against CAW. On Friday, March 21, 2008, the mailer
would be sent to all CAW customers in the District and subsequently published
in local newspapers. |
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8. |
Strategic
Plan Update |
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Henrietta Stern, Project
Manager, presented the report. An
outline of the presentation is on file at the District office and can be
viewed at the District’s website. |
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9. |
Water Supply Project Alternatives Update |
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GENERAL MANAGER’S REPORT |
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Darby Fuerst, Water
Resources Division Manager, presented the report. An outline of the presentation is on file
at the District office and can be viewed at the District’s website. Mr. Fuerst reported that for the period of
October 1, 2007 through March 12, 2008, CAW production from the Carmel River
was 208 acre-feet under the production limit established as a result of SWRCB
Order 95-10. During the same time
period, production from the Coastal Subareas of the Seaside Basin was 125
acre-feet under the production limit established as a result of the Seaside
Groundwater Basin Adjudication.
Production from the Laguna Seca Subarea was 65 acre-feet over the
production limit. However, the
adjudication decision allows CAW to combine its production from all subareas
within the Seaside Groundwater Basin.
Consequently, CAW’s production
from that area was 60 acre-feet under the adjudication limit. |
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10. |
Status Report on California American Water
Compliance with State Water Resources Control Board Order 95-10 and Seaside
Groundwater Basin Adjudication Decision |
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ATTORNEY’S REPORT |
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The Board met to discuss
the letter of resignation submitted by General Manager, David A. Berger. The Board accepted the resignation with the
effective date of March 21, 2008, and directed that action be taken to retain
an interim general manager. |
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11. |
Report
on March 13, 2008 Special Closed Session of the Board |
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In regards to items A
through E, general direction was provided to Counsel, but no reportable
action was taken. Mr. Laredo reported
that a pre-hearing conference on these issues is set for March 19, 2008 and
public participation hearings will be conducted in Monterey on April 8 and 9,
2008. The Board also considered items
F, G and H. Mr. Laredo reported that
15 parties had submitted notices of intent to appear at hearings before the
SWRCB set for June 19, 2008 in Sacramento, and 84 witnesses were named.
Counsel also provided status reports on items I and J, but no reportable
action was taken. In regards to item
4.A, the Board authorized the employment of Darby Fuerst as Interim General
Manager beginning March 22, 2008. |
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Report
on March 17, 2008 Closed Session of the Board |
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3. |
Conference with Legal Counsel – Existing Litigation
(Gov. Code 54945.9 (a)) |
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A. |
Application
of California American Water Company to the Public Utilities Commission
Application No. 04-09-019 – Coastal Water Project |
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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 |
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C. |
Application of
California-American Water Company to California Public Utilities Commission
for a Special Conservation Program and Design Modifications Rate in its
Monterey District (Application No. 07-12-010) – Conservation Program
Application |
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D. |
Application of California
-American Water Company to California Public Utilities Commission for
Authorization to Increase Revenues for Water Service in its Monterey District
in the years 2009; 2010; and 2011 (Application No. 08-01-027) – General Rate
Case |
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E. |
Application of
California-American Water Company to Authorize Support Services for its
Monterey District to the California Public Utilities Commission (Application
No. 08-01-024 ) – General Office Case |
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F. |
State Water Resources
Control Board Permit No. 7130B |
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G. |
State
Water Resources Control Board Permit No. 20808 |
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H. |
State Water Resources
Control Board Draft Cease and Desist Order WR 2008-00XX-DWR |
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I. |
MPWMD v. Nick Marotta, Jr.,
Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No.
M83498 |
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J. |
MPWMD v. Roy Woods, Woods
1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499 |
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4. |
Personnel Matters – Interim Appointment and
Employment of Replacement General Manager Pursuant of Government Code Sec.
4957.1 (a) |
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A. |
Discussion and Action
Related to Appointment of Interim General Manager |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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No reports were given by
the Directors. |
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12. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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On a motion by Director
Potter and second by Director Edwards, staff was directed to finalize the
text and proceed with production and distribution of the final 2007 MPWMD
Annual Report. The motion was adopted
unanimously on a vote of 7 – 0. No comments were directed
to the Board during the public hearing on this item. |
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13. |
Consider Approval of Draft 2007 MPWMD Annual Report |
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On a motion by Director
Pendergrass and second by Director Potter, the Board adopted the June 2008
Quarterly Water Supply Strategy and Budget.
The motion was approved unanimously on a vote of 7 – 0. No comments were directed
to the Board during the public hearing on this item. |
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14. |
Consider Adoption of April
through June 2008 Quarterly Water Supply Strategy and Budget |
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ACTION ITEMS |
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A motion was offered by
Director Brower and seconded by Director Potter to receive the Matrix of
Water Supply Project Alternatives as presented in the staff report with one
revision: row 9, column D should be
amended to read, “7,909 AFY for compliance with Order 95-10. 500 AFY to
address Seaside Basin overdraft.” The
motion was approved unanimously on a vote of 7 – 0. No comments were directed
to the Board during the public comment period on this item. |
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15. |
Receive
Update to Matrix of Water Supply Project Alternatives |
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On a motion by Director
Edwards and second of Director Brower, the Board authorized expenditures of:
(1) $299,920 for Zone24X7 to develop, deploy and maintain the new Water
Demand Division database; and (2) $20,000 for an amendment to the
professional service agreement with PM Connect to provide project management
services related to software development and deployment phases of the
project. The motion was approved
unanimously on a vote of 7 – 0. No comments were directed
to the Board during the public comment period on this item. |
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16. |
Consider
Expenditure of Budgeted Funds and Authorization to Enter into Professional
Services Agreement with Zone24X7 for Water Demand Division Database Software
Development |
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Director Pendergrass
offered a motion that was seconded by Director Edwards to: (1) request from the jurisdictions
estimates of the potential for the transfer of potable water credits; (2)
obtain an estimate of the additional cost to prepare an EIR on the transfer
of sub-potable and potable water credits; and (3) convene the Policy and
Technical Advisory Committees to consider whether or not they would support
preparation of an EIR on the transfer of
sub-potable water credits only or sub-potable and potable water
credits; and if they would support sharing the cost for preparation of the EIR. The motion was adopted on a vote of 6 –
1. Directors Brower, Doyle, Edwards,
Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed. No comments were directed
to the Board during the public comment period on this item. |
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17. |
Review and Consider
Outcome of January 31, 2008 Joint Meeting of the Policy and Technical
Advisory Committees Regarding
Expansion of EIR Needed for the Subpotable Water Credit/Transfer Concept
Ordinance to Include Potable Water Credits Transfer |
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There was no discussion of
the Informational Items/Staff Reports. |
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INFORMATIONAL ITEMS/STAFF REPORTS |
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18. |
Letters Received |
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19. |
Committee
Reports |
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20. |
Strategic
Plan Update |
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21. |
Carmel
River Fishery Report |
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22. |
Water
Conservation Program Report |
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23. |
Monthly
Allocation Report |
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24. |
Monthly
California American Water Production Report |
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25. |
Monthly
Water Supply Status Report |
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The meeting was adjourned
9:45 PM. |
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ADJOURNMENT |
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___________________________________
Darby Fuerst, Secretary to the Board
U:\staff\word\boardpacket\2008\2008boardpackets\20080421\ConsentCal\01\item1_exh1a.doc