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EXHIBIT 1-A |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District July 19, 2010 |
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The meeting was called to
order at 7:00 p.m. in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Bob Brower, Vice Chair –
Division 5 Judi Lehman – Division 2 Kristi Markey – Division 3 David Pendergrass – Mayoral
Representative David Potter – Monterey
County Board of Supervisors (arrived at 7:40 p.m.) General Manager present: 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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No comments were directed
to the Board during Oral Communications. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Pendergrass and second of Director Lehman, the Consent Calendar was approved
unanimously on a vote of 6 – 0. Director
Potter was absent. |
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CONSENT CALENDAR |
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Approved |
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1. |
Consider Adoption of Minutes of the 6/21/2010
Regular Board Meeting |
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Approved |
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2. |
Consider Expenditure of Budgeted Funds to Purchase
Water Conservation Print Material |
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Approved |
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3. |
Consider Expenditure of Budgeted Funds to Purchase
Water Conservation Signage for Towel/ Linen Reuse Program and Restaurant Signage
Requirement |
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Approved |
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4. |
Consider Expenditure of Budgeted Funds for School
Retrofit Program |
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Approved |
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5. |
Consider Expenditure of Budgeted Funds for
Professional Services by Waterwise, Inc. to Conduct Water Audits of MPWMD
Schools Not Supplied by |
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Approved |
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6. |
Consider Expenditure of Budgeted Funds to Contract
with Zone 24/7 for Database Enhancements to Accommodate Changes Resulting
from Adoption of Ordinance No. 144 (An Ordinance that Expands the Rebate
Program to Include Graywater Reuse and Other Technologies) |
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Approved |
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7. |
Consider Adoption of Resolution 2010-09 -- Amending
Fees and Charges Table -- Rule 60 |
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Approved |
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8. |
Consider Adoption of Resolution 2010-10 –
Authorizing a Line of Credit with Bank of |
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Approved |
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9. |
Proposition 84 Planning and Implementation Grant
Applications (A) Consider Approval of Resolution 2010-11 in Support of Filing
Proposition 84 Planning Grant Application (B) Authorize the General Manager
to Enter into Grant Agreements (C) Consider Expenditure of Budgeted Funds to
Retain Consultants for Professional Services to Prepare Grant Application |
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Approved |
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10. |
Consider Expenditure of Budgeted Funds for Sleepy
Hollow Steelhead Rearing Facility Stand-by Generator Maintenance Service with
Quinn Power Systems for Fiscal Year 2010-11 |
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Approved |
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11. |
Consider Expenditure of Budgeted Funds for Repairs
to Intake Pump #2 at Sleepy Hollow Steelhead Rearing Facility |
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Approved |
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12. |
Consider Approval of Treasurer's Report for May 2010 |
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PRESENTATIONS |
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An outline of Mr. Anthony’s
report is on file at the District office and can be viewed on the District’s
website. He reported that non-revenue
water use had increased over the past two months. However, this was found to be attributed to
incorrect categorization of water from the Aquifer Storage and Recovery
project (ASR). He estimates that
non-revenue water use over the past twelve months will be 8 percent. Mr. Anthony reported that a transmission
pipeline designed to move ASR water from |
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13. |
Monthly Report from California American Water
General Manager, |
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14. |
Water Conservation Program Report |
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15. |
Update on Development of Water Supply Project
Alternatives Including Recycled Water |
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Director Potter arrived to the meeting just prior to
the General Manager’s report to the Board. |
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GENERAL MANAGER’S REPORT |
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16. |
Status Report on |
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17. |
Status Report and Discussion of CPUC
Proceedings Relating to |
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ATTORNEY’S REPORT |
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District Counsel Laredo
reported that he provided a status report to the Board on items A through
J. No reportable action was taken. |
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18. |
Report
on 5:30 PM Closed Session of the Board |
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Conference with Legal
Counsel – Existing Litigation (Gov. Code 54956.9 (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 PUC Application No. 10-01-012 –Mitigation Cost
Reimbursement |
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C. |
Application of California
American Water Company regarding Reimbursement Balancing — CPUC Application No. 09-04-015 |
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D. |
Application of California
American Water Company to CPUC Application No. 10-XX-XXX – General Rate Case |
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E. |
Amended Application (U210W)
of California American Water Company to CPUC Application No. 10-05-020 –
Order Authorizing Moratorium in Monterey District |
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F. |
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G. |
MPWMD v. State Water
Resources Control Board; Superior Court Case No. 1-10-CV-163328 |
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H. |
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I. |
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J. |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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The Directors had nothing
to report. |
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19. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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Director Brower offered
a motion that was seconded by Director Markey to approve the first reading of
Ordinance No. 144, amend language in Rule 141-D-10 outlined by staff in slide
8 of the Powerpoint presentation, and replace the words “shall occur” in Rule
141-D-10 with the words “must occur.” The motion was approved on a unanimous roll-call
vote of 7 – 0. No
comments were directed to the Board during the public hearing on this item. |
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20. |
Consider First |
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Motion #1: Director Edwards offered a motion that was
seconded by Director Brower to approve the staff recommendation to: (a) adopt
the July 2010 Findings of Approval; (b) approve Permit #M10-07-L4 with Conditions
of Approval; and (c) file a Notice of Determination with the Monterey County
Clerk. The motion failed on a vote of
3 – 4. Directors Brower, Pendergrass
and Edwards voted in favor of the motion.
Directors Lehman, Markey, Potter and Doyle were opposed. Motion #2: Director Markey offered a motion that was
seconded by Director Potter, to continue the item to the August 16, 2010
Board meeting. District staff was
directed to confer with special counsel and the applicant on development of a
response to the following questions: (a)
is the front-loading agreement considered a project, and is an EIR required;
(b) what impacts will the Monterey Bay Shores Ecoresort (MBSE) have on the
Carmel River, will it cause an increase in pumping from the river; (c) where
is the detailed operational analysis for the storage tanks, what mechanisms
are in place to monitor actual water use at the MBSE and the amount of water
stored to be used at the site, and what safeguards are in place should one of
the water tanks develop a leak; and (d) who will pay for the water delivery
infrastructure, i.e., water tanks and transmission pipes to supply the MBSE? Staff was directed to request that special
counsel review confidential memos dated May 5 and May 6, 2010 and provide a
summary of issues outlined in those letters appropriate for public
review. Special counsel should also
respond to issues raised in the letter from the Sierra Club dated July 17,
2010. The Board directed that if their
action that evening were challenged in court, the issue would be continued
until after the court action was resolved.
The motion was approved on a vote of 4 – 3. Directors Lehman, Potter, Markey and Doyle
voted in favor of the motion.
Directors Brower, Edwards and Pendergrass were opposed. The following comments were
directed to the Board during the public hearing on this item. (1) Sheri
Damon, representing the applicant, Ed Ghandour, asserted that all
requirements of the District’s Rules and Regulations have been met with
regard to the application. She urged
the Board to approve the application. (2) Lauren Silver, representing the
Sierra Club, read a statement that is on file at the District office. He stated that the project will result in increased
pumping from the |
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21. |
Consider Application to
Amend |
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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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22. |
Letters
Received
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23. |
Committee Reports |
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24. |
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25. |
Water Conservation Program Report |
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26. |
Monthly Allocation Report |
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27. |
Monthly |
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28. |
Monthly Water Supply Status Report |
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29. |
Quarterly Water Supply Project Status Report |
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30. |
Quarterly Irrigation Program and Riparian Projects
Report |
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31. |
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32. |
Quarterly Water Use Credit Transfer Status Report |
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The meeting was adjourned
at 9:30 p.m. |
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ADJOURN |
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U:\staff\word\boardpacket\2010\20100816\ConsentCal\01\item1_exh1a.doc