EXHIBIT 1-A |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District November 15, 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: Alvin Edwards – Division 1 Judi Lehman – Division 2 Kristi Markey – Division 3 David Pendergrass – Mayoral
Representative David Potter – Directors Absent: None 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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Clive Sanders, representing
the Carmel River Watershed Conservancy (CRWC) addressed the Board during Oral
Communications. He announced that the
Planning and Conservation League and the CRWC scheduled two public meetings
to discuss the San Clemente Dam Removal Project and Carmel River Reroute
Project: November 30, 2010 at 2 p.m. at the |
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ORAL COMMUNICATIONS |
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On a motion by Director
Markey and second of Director Edwards, the Consent Calendar was adopted
unanimously 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 October 18, 2010
Regular Board Meeting |
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Approved |
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2. |
Proposition 84 Implementation Grant Applications:
(A) Consider Approval of Resolution 2010-13 in Support of Filing a
Proposition 84 Implementation Grant Application; (B) Authorize the General
Manager to Enter into Grant Agreements; (C) Consider Approval of Additional
Expenditure of Funds to Retain Consultants for Professional Services to
Prepare a Grant Application |
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Approved |
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3. |
Authorize Expenditure of Budgeted Funds for Santa
Margarita Aquifer Storage and Recovery (ASR) Well 2 Rehabilitation Work |
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Approved |
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4. |
Consider Expenditure of Budgeted Funds to Contract
for Temporary Scanning Project Help in the Water Demand Division |
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Approved |
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5. |
Consider Expenditure of Funds to Contract with CJM
Networking Solutions to Provide Information Technology Support and to
Purchase Network Storage and Printer Replacement |
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Approved |
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6. |
Authorize a Change to the Organization Chart Adding
a Conservation Technician 1 Position and Placing the Conservation Analyst
Position in a Nonfunded Status |
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PRESENTATIONS |
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A summary of Mr. Anthony’s
report is on file at the District office and can be viewed on the District’s
website. |
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7. |
Monthly Report from California American Water
General Manager, |
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8. |
Water Conservation Program Report |
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9. |
Update on Development of Water Supply Project
Alternatives Including Recycled Water |
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GENERAL MANAGER’S REPORT |
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10. |
Status Report on |
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Mr. Fuerst announced that
he will retire from the District in the first half of 2011. He will work through June of 2011, to allow
time for the District to recruit and hire his replacement. |
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11. |
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 the topic of the October 28, 2010 Closed Session was the
Application of Cal-Am to the CPUC, Application No. 04-09-019. On November 15, 2010 the Board discussed
items listed under agenda items 3 through 5, but no specific reportable
action was taken. |
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12. |
Report
on October 28, 2010 and November 15, 2010, 5:30 PM Closed Sessions of the
Board |
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3. |
Conference with Legal
Counsel – Existing Litigation (Gov. Code 54956.9 (a)) |
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A. |
Application
of California American Water Company to the |
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B. |
Application of California
American Water Company to CPUC 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. 10-07-007 – 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. |
Application of California
American Water Company to CPUC Application No. 10-09-018 – San Clemente Dam
Removal |
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G. |
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H. |
MPWMD v. State Water
Resources Control Board; Superior Court Case No. 1-10-CV-163328 |
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I. |
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J. |
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K. |
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Sierra Club v. MPMWD, SNG
& CAW, Real Parties (Sup. Ct. Case M 108149) |
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4. |
Conference with Real Property Negotiators (Gov Code
54956.8) Property: Agency Negotiators:
Darby W. Fuerst & David C. Laredo |
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5. |
Public Employment, Position of General Manager (Gov.
Code 54957) |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Directors Brower and Doyle
reported that they met with advisors to CPUC Commissioners Grueneich and Ryan
the week of November 8, 2010. A
meeting is also scheduled with the advisor to Commissioner Bohn on November
18, 2010. |
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13. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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Director Markey offered
a motion that was seconded by Director Edwards to: (1) direct staff to
develop a plan to conduct a review of District records in order to quantify
existing water use credits that could be affected by a CPUC ordered
moratorium; (2) prepare an Initial Study on Ordinance No. 146; (3) revise the
title of the ordinance to replace the word “suspending” with the word
“tolling,” and replace the word “limiting” with the word “preclude;” and if
possible bring the ordinance forward for first reading again at the December
13, 2010 Board meeting. The motion was
adopted on a vote of 6 – 1. Directors
Doyle, Edwards, Lehman, Markey, Pendergrass and Potter voted in favor of the
ordinance. Director Brower was
opposed. Director Brower offered
an amendment to the motion. He
proposed that the ordinance be referred to the Water Demand Committee, where
language could be developed that would expand the circumstances under which
the water credit suspension date could be delayed. The amendment was not accepted by Director
Markey or Director Edwards and no action was taken. The following comments were
directed to the Board during the public hearing on this item. (1) David
Dilworth, representing Helping Our Peninsula’s Environment (HOPE), requested
that proper CEQA review be conducted on proposed Ordinance No. 146. (2) Jason Reterer of Lombardo and Gilles,
representing a number of property owners that hold water use credits,
requested that staff be authorized to immediately commence environmental
review of Ordinance No. 146, so that adoption of the ordinance would not be
delayed. |
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14. |
Consider First |
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ACTION ITEMS |
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Director Markey offered
a motion that was seconded by Director Brower, that the Board receive the staff
report and direct the Water Supply Planning Committee to develop a plan to
obtain cost estimates on desalination projects the committee determines
should be analyzed, including projects listed in the 95-10 Project
Constraints Analysis Report. The motion
was adopted unanimously on a vote of Brower, Doyle, Edwards, Lehman, Markey,
Pendergrass and Potter. The following comments were
directed to the Board during the public comment period on this item. (1)
David Dilworth representing HOPE, suggested that staff negotiate with the
City of Sand City on potential desalination project sites within the City
boundaries that could be utilized to expand production from the Sand City
Desalination plant. He opined that
additional water production would render the proposed Regional Water Supply
Project as irrelevant and unnecessary.
(2) Steve Matarazzo,
representing the City of Sand City, expressed concern that increased water
production from the |
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15. |
Receive Staff Review of August 2008 MPWMD 95-10
Project Constraints Analysis Report
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Director Markey offered
a motion that was seconded by Director Edwards, that the Board conduct a
special election to fill the vacancy in Voter Division 1. The motion was adopted on a vote of 6 –
1. Directors Doyle, Edwards, Lehman,
Markey, Pendergrass and Potter voted in favor of the motion. Director Brower was opposed. The following comments were
directed to the Board during the public comment period on this item. (1) |
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16. |
Receive Alvin Edwards’ Resignation from the Board
and Specify Method for Selection of Director to Fill Vacancy in Voter
Division 1 |
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On a motion by Director
Brower and second of Director Potter, the Board unanimously approved
Resolution No. 2010-14, expressing appreciation to Alvin Edwards for thirteen
years of service as Director of Division 1.
The motion was approved on a vote of 7 – 0. |
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17. |
Consider Adoption of
Resolution No. 2010-14 Expressing Appreciation to Alvin Edwards for his
Service as Director of Division 1 |
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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. |
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21. |
Water
Conservation Program Report |
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22. |
Monthly
Allocation Report |
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23. |
Monthly
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24. |
Monthly
Water Supply Status Report |
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The meeting was adjourned
at 9:30 p.m. |
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ADJOURN |
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