EXHIBIT 1-A

 

DRAFT  MINUTES

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

June 21, 2010

 

The meeting was called to order at 7:03 PM in the District Conference Room. 

 

 

CALL TO ORDER/ROLL CALL

Directors Present:

Regina Doyle, Chair -- Division 4

Bob Brower, Vice Chair – Division 5

Alvin Edwards – Division 1 (arrived at 7:45 p.m.)

Judi Lehman – Division 2

Kristi Markey – Division 3

David Pendergrass – Mayoral Representative

 

Directors Absent:  David Potter – Monterey County Board of Supervisors

 

General Manager present:  Darby Fuerst

 

District Counsel present:  David C. Laredo

 

 

 

The assembly recited the Pledge of Allegiance.

 

PLEDGE OF ALLEGIANCE

 

 

 

No comments were directed to the Board during Oral Communications.

 

ORAL COMMUNICATIONS

 

 

 

On a motion by Director Pendergrass and second of Director Markey, the Consent Calendar was approved unanimously on a vote of 5 – 0.  Directors Edwards and Potter were absent.

 

 

CONSENT CALENDAR

Approved

 

1.

Consider Adoption of Minutes of the May 17, 2010 Regular Board Meeting and May 20, 2010 Special Meeting/Board Workshop

Approved

 

2.

Receive Notice of Appointments to Carmel River Advisory Committee

Approved

 

3.

Consider Expenditure of Budgeted Funds for Construction of Fitch School Aquifer Storage and Recovery (ASR) Test Well

Approved

 

4.

Consider Expenditure of Budgeted Funds for Hydrogeologic and Engineering Support for Fitch School Aquifer Storage and Recovery (ASR) Test Well

Approved

 

5.

Consider Expenditure of Budgeted Funds to Amend Contract with Pueblo Water Resources to Provide Hydrogeologic Review for Water Distribution System Permits

Approved

 

6.

Consider Expenditure of Budgeted Funds to Amend Contract with Golden State Planning and Environmental Consulting to Assist with Water Distribution System Permit Program

Approved

 

7.

Consider Expenditure of Funds to Amend Contract for Professional Services to Evaluate Economic and Cost Allocation Issues Associated with the Proposed Regional Water Supply Project

Approved

 

8.

Consider Expenditure of Budgeted Funds to Purchase Water Conservation Equipment

Approved

 

9.

Consider Expenditure of Budgeted Funds for Landscape Irrigation Audits/Budgets (Rule 172) and Authorize the General Manager to Renew Limited Contracts with Spot Water Management, Pacific Water Management, and Waterwise Consulting Inc., for Auditing Services

Approved

 

10.

Consider Expenditure of Budgeted Funds to Contract with Monterey Regional Water Pollution Control Agency for Public Outreach Assistance

Approved

 

11.

Consider Expenditure of Budgeted Funds to Contract with JEA & Associates for Governmental Relations Services

Approved

 

12.

Consider Expenditure of Budgeted Funds to Contract for Limited-Term Field Positions

Approved

 

13.

Consider Expenditure of Budgeted Funds to Contract for Temporary Scanning Project Help in the Water Demand Division

Approved

 

14.

Consider Expenditure of Budgeted Funds to Contract for Temporary General Clerical Assistance in Water Demand Division

Approved

 

15.

Consider Authorization to Renew Two-Year Legal Services Agreement with DeLay and Laredo

Approved

 

16.

Consider Authorization to Contract with Hayashi & Wayland to Conduct Annual Financial Audits for Fiscal Years 2009-10; 2010-11 & 2011-12

Approved

 

17.

Consider Adoption of Resolution 2010-07 Establishing Article XIII(B) 2010-2011 Fiscal Year Appropriations Limit

Approved

 

18.

Receive and File Third Quarter Financial Activity for Fiscal Year 2009-10

Approved

 

19.

Consider Adoption of Treasurer's Report for April 2010

 

 

 

 

 

PRESENTATIONS

An outline of Mr. Anthony’s report is on file at the District office and can be viewed on the District’s website.  Mr. Anthony announced that water consumption has dropped within the District.  He attributed the increased conservation to tiered rates that have been effective in reducing water use in tiers 4 and 5. 

 

 

20.

Monthly Report from California American Water General Manager, Craig Anthony

Henrietta Stern, Project Manager, presented the report.  It is on file at the District office and can be viewed on the District’s website. 

 

 

21.

Update on Development of Water Supply Project Alternatives Including Recycled Water

Stephanie Pintar, Water Demand Manager, presented a report that is on file at the District office and can be viewed on the District’s website.

 

22.

Water Conservation Program Report

 

 

 

 

 

GENERAL MANAGER’S REPORT

Darby Fuerst, General 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, 2009 through May 31, 2010, Cal-Am production from the Carmel River Basin was 972 acre-feet under the production target of 6,660 acre-feet established as a result of State Water Resources Control Board (SWRCB) Order 95-10.    Production from the Coastal Subareas of the Seaside Basin was 155 acre-feet under the production target of 1,550 acre-feet established by the Seaside Groundwater Basin Adjudication.  Production from the Laguna Seca Subarea was 101 acre-feet over the production target of 129 acre-feet established by the Seaside Groundwater Basin Adjudication.  Therefore, total Cal Am production from the Seaside Basin was 54 AF under the adjudication target of 1,679 AF.  Rainfall over the same time period was recorded as 27.5 inches, which is above the average of 21 inches.

 

23.

Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision

 

 

 

 

Darby Fuerst, General 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. 

 

24.

Status Report and Discussion of CPUC Proceedings Relating to California American Water’s Coastal Water Project and the Regional Water Project 

 

 

 

 

 

ATTORNEY’S REPORT

District Counsel Laredo reported that on May 20 and June 7, 2010 the Board discussed item A.  No reportable action was taken.  On June 21, 2010 the Board received status reports on items A, E, F, G & H and also conducted a performance evaluation of District Counsel.  No reportable action was taken. 

 

25.

Report on May 20, 2010 and June  21, 2010 Closed Sessions of the Board

 

 

 

 

 

 

 

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 – Coastal Water Project

 

 

 

B.

Application of California American Water Company to PUC Application No. 10-01-012 –Mitigation Cost Reimbursement 

 

 

 

C.

Application of California American Water Company regarding Reimbursement Balancing   — CPUC Application No. 09-04-015

 

 

 

D.

Application of California American Water Company to CPUC Application No. 10-XX-XXX – General Rate Case

 

 

 

E.

Amended Application (U210W) of California American Water Company to CPUC Application No. 10-05-020 – Order Authorizing Moratorium in Monterey District

 

 

 

F.

Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343) 

 

 

 

G.

MPWMD v. State Water Resources Control Board; Superior Court Case No. 1-10-CV-163328

 

 

 

H.

California American Water v. State Water Resources Control Board, Superior Court Case No.  M102097

 

 

 

I.

California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)

 

 

 

J.

California American Water v. MPWMD (Ryan Ranch) (Superior Court Case No. M 101255)

 

 

 

 

 

DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)

Director Edwards requested that the MPWMD publish an advertisement in the Monterey County Herald notifying the public about the June 28 and 29, 2010 public participation hearings on the Coastal Water Project organized by the California Public Utilities Commission (CPUC).  Staff was directed to develop and publish the advertisement.

 

26.

Oral Report on Activities of County, Cities, Other Agencies/Committees/ Associations

 

 

 

 

 

PUBLIC HEARINGS

Director Brower offered a motion to adopt the July through September 2010 Quarterly Water Supply Strategy and Budget and file a notice of exemption.  Director Markey seconded the motion, and it was adopted unanimously on a vote of 6 – 0.  Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion.  Director Potter was absent.

 

No comments were directed to the Board during the public hearing on this item.

 

27.

Consider Adoption of July through September 2010 Quarterly Water Supply Strategy and Budget

 

 

 

 

On a motion by Director Edwards and the second of Director Markey, the Board determined that the 1.2  percent of the water user fee collected to fund ASR and related water supply projects is still required and should be continued during FY 2010-11.   The motion was unanimously adopted on a vote of 6 – 0.  Directors Brower, Doyle, Edwards, Lehman, Markey, and Pendergrass voted in favor of the motion.  Director Potter was absent.

 

28.

Public Hearing to Review District Aquifer Storage Recovery (ASR) Fees

 

 

 

 

Director Pendergrass offered a motion to adopt the proposed Fiscal Year 2010-2011 MPWMD Budget and Resolution 2010-08.  The motion was seconded by Director Lehman, and adopted unanimously on a vote of 6 – 0.  Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent.  

 

The Board requested that upon completion of the Phase 1 ASR Project, staff develop an estimate of the amount of money spent to complete the project.

 

29.

Consider Adoption of Proposed Fiscal Year 2010-2011 MPWMD Budget and Resolution 2010-08

 

 

 

 

 

 

ACTION ITEMS

Director Markey offered a motion to continue this item to the July 19, 2010 Board meeting when all directors would be present.  The motion was seconded by Director Brower and adopted unanimously on a vote of 6 – 0.  Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion.  Director Potter was absent.

 

No comments were directed to the Board during the public comment period.

 

30.

Consider  Taking a Position on the Safe, Clean and Reliable Drinking Water Supply Act of 2010

 

 

 

 

There was no discussion of the Informational Items/Staff Reports.

 

INFORMATIONAL ITEMS/STAFF REPORTS

 

 

31.

Letters Received

 

 

32.

Committee Reports

 

 

33.

Carmel River Fishery Report for March 2010

 

 

34.

Water Conservation Program Report

 

 

35.

Monthly Allocation Report

 

 

36.

Monthly California American Water Production Report

 

 

37.

Monthly Water Supply Status Report

 

 

 

 

 

 

The meeting was adjourned at 8:15 p.m. in memory of Bruce Buel, former General Manager of the MPWMD, who died in May 2010.

 

ADJOURN

 

 

 

___________________________________

                                                                                    Darby Fuerst, Secretary to the Board

 

 

 

 

 

 

 

 

 

U:\staff\word\boardpacket\2010\20100719\ConsentCal\01\item1_exh1a.doc