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EXHIBIT 1-A |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District April 18, 2011 |
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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: Robert S. Brower, Sr., Chair
-- Division 5 Dave Potter, Vice Chair –
Monterey County Board of Supervisors (Arrived at 7:07 pm during Oral
Communications) Vacant – Division 1 Judi Lehman – Division 2 Kristi Markey – Division 3 David Pendergrass – Mayoral
Representative Directors Absent: None General Manager present: District Counsel present: David 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 directed to the Board during Oral
Communications. (1) David Sweigert, representing clients that hold water credits
issued by the District, read a statement dated April 15, 2011 (on file at the
District office and can be viewed on the District’s website). He requested that the District and
California American Water (Cal-Am): (a) interpret the Cease and Desist Order
as allowing the use of water credits and water use credits at existing
service addresses; (b) agree that “change in Zoning or Use” should apply only
to substantial changes and not, to minor changes; and (c) urge the Board to
use all due caution to avoid inadvertent expansion of the scope of the
CDO. (2) Todd Norgaard, Carmel Valley Association, referred to a
letter dated April 18, 2011. The
letter outlined a request that the District develop a contingency water
supply plan, in case the Regional Water Supply Project is delayed or not
constructed. He requested that the
District host a series of community meetings on potential water supply
solutions. (3) Andy Bell, MPWMD
Engineer, announced that he would retire in May 2011 after 24 years with the
District. He read an excerpt from his letter
of resignation that was complimentary to the Board of Directors and District
staff. |
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ORAL COMMUNICATIONS |
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On
a motion by Director Pendergrass and second by Director Potter, the Consent
Calendar was approved with the exception of item 5 that was pulled for
separate consideration. The motion was
adopted unanimously on a vote of 6 – 0. |
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CONSENT CALENDAR |
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Approved. |
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1. |
Consider Adoption of
Minutes of the March 21, 2011 Regular Board Meeting |
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Approved. |
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2. |
Consider Adoption of Record
from March 31, 2011 Board Special Meeting/Goal Setting Session |
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Approved. |
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3. |
Consider Authorization to
Retain Lead Labor Negotiator |
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Approved. |
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4. |
Consider Expenditure of
Budgeted Funds (reimbursable, exempt from spending freeze) for Purchase of
Internet License for Water Wise Gardening in Monterey County |
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On a motion by Director
Markey and second of Director Lehman, the Board authorized the expenditure to
contract for consultant services to complete design of the Sleepy Hollow
Ford Removal and Bridge Replacement
Project. The motion included a requirement that only Cathy Crossett Avila
complete work associated with the Avila and Associates Consulting Engineers,
Inc. contract. The motion was adopted
unanimously on a vote of 6 – 0. |
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5. |
Authorize Expenditure of
Reimbursable Funds (exempt from Board spending freeze) to Contract for
Consultant Services to Complete Design of the Sleepy Hollow Ford Removal and Bridge
Replacement Project |
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Approved. |
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6. |
Receive and File
District-Wide Annual Water Distribution System Production Summary Report for
Water Year 2010 |
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Approved. |
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7. |
Receive and File
District-Wide Annual Water Production Summary Report for Water Year 2010 |
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Approved. |
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8. |
Consider Approval of
Treasurer's Report for January 2011 |
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Approved. |
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9. |
Consider Approval of
Treasurer’s Report for February 2011 |
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PRESENTATIONS |
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The report was presented by
Catherine Bowie of California American Water (Cal-Am). She noted that combined water use in Tiers
4 and 5 for the month of March 2011 was 20.7 acre-feet, which was lower than
the 5-year average of 31.5 acre-feet. |
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10. |
Monthly Report from California American Water
General Manager, |
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Catherine Bowie provided a
brief report. She stated that the
California Public Utilities Commission (CPUC) directed that Cal-Am and the
District confer on the specifics of moratorium implementation, and then
present a plan to the State Water Resources Control Board (SWRCB). Meetings between Cal-Am and the District
have been scheduled. |
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11. |
Report from Craig Anthony on California American
Water Plans for Implementation of Moratorium on Water Connections for New and
Expanded Water Use |
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Ms. Pintar, Water Demand
Manager, presented the report that is available for review at the District
office and on the District’s website.
In response to questions from the Board, she reported that one year
ago a mailer was sent throughout the District that reminded property owners
about the outdoor watering schedule.
She also noted that in May 2010, the District sponsored a training
session on installation of cistern systems. Another training session will be scheduled
for 2011. |
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12. |
Water Conservation Program Report |
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Andy Bell, Engineering
Division Manager, presented the report.
A summary is on file at the District office and can be viewed on the
District’s website. |
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13. |
Update on Development of Water Supply Project
Alternatives Including Recycled Water |
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GENERAL MANAGER’S REPORT |
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14. |
Status Report on |
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ATTORNEY’S REPORT |
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District Counsel Laredo
stated that he provided a status report to the Board on all five items listed
on the agenda. General direction was
provided to Counsel. No reportable
action was taken. |
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15. |
Report
on 5:30 pm Closed Session 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 CPUC Application No.10-01-012 –Mitigation
Cost Reimbursement |
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B. |
Application of California
American Water Company to CPUC (Application No. 10-07-007) 2010 General Rate
Case (2012-2014) |
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C. |
MPWMD v. State Water
Resources Control Board; Superior Court Case No. 1-10-CV-163328 |
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D. |
Sierra Club v. MPWMD,
Security National Guaranty & California American Water, Real Parties
(Superior Court Case No. M 108149) |
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E. |
Application of California
American Water Company Regarding Reimbursement Balancing – CPUC Application
No. 09-04-015 |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Director Markey reported
that on April 17, 2011, she participated on a panel regarding local water
issues sponsored by the Democratic Club of the Monterey Peninsula. She spoke about Water Projects 1 and 2, and
the importance of the District’s involvement in resolving community water
issues. Director Lehman reported that
the Special District’s Association of Monterey County would meet on April 19,
2011. The guest speaker for the
evening would be Mary Zeeb, Monterey County Treasurer. |
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16. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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Director Potter offered
a motion that was seconded by Director Doyle, to approve the staff
recommendation which directs that: (1)
the Board determine that the site requires a Water Permit for two
showerheads; (2) the appeal should be denied; and (3) the appellants be required to obtain
permits for the two showerheads or remove them. The motion was approved unanimously on a
vote of 6 – 0. The following comments were
directed to the Board on this item.
Following receipt of public comment, Chair Brower closed the public
hearing. (1) Opening statement of Margaret Thum, representing William and
Charlene Thum. She submitted a letter
dated April 18, 2011, (on file at the District office, available on the MPWMD
website) and referenced enumerated items 1 and 2 in her statement to the
Board. The letter provided evidence as
to why the Board should reverse the General Manager’s decision to issue a
notice of non-compliance on the Coral Drive property. (2)
Margaret Thum continued review of the
April 18, 2011 letter. She alleged
that the District’s fixture-unit method of determining water use capacity,
connection fees, deed restrictions, and property inspections are in violation
of the United States and California State constitutions. She requested that the District immediately
cease counting residential water fixtures and assessment of connection
fees. (3) Margaret Thum stated that the District’s rules are confusing,
and a reasonable person cannot understand them. (4)
Chair Brower read into the record a letter from Tony Sollecito dated
April 16, 2011 (on file at the District office and available on the MPWMD
website) requesting that the Board decide in favor of the Thums’ appeal. ExParte Communications --
Doyle reported that
she received a telephone call from Ms. Thum. Ms. Doyle advised her that she would review
the facts as presented by staff and make a decision. |
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17. |
Consider Appeal of General Manager's Decision to
Require a Water Permit for Two Showerheads Pursuant to District Rule 20,
Permits Required -- 951 Coral Drive, Pebble Beach (APN: 007-254-005) |
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On a motion by Director
Potter and second of Director Brower, Ordinance No. 148 was adopted on a vote
of 4 – 2. Directors Brower, Doyle,
Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed. No comments were directed
to the Board during the public hearing on this item. |
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18. |
Consider Second Reading and Adoption of Ordinance
No. 148 -- Amending the Rebate Program -- Adopting Guidelines for Lawn
Removal |
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On a motion by Director
Markey and second of Director Potter, the Board voted to finalize and
distribute the 2010 Annual Report.
Before the report is distributed, staff should review the record of
the Board’s direction regarding quantification of the amount of water needed
to replace unpermitted, unlawful diversions from the Carmel River, or
production in excess of adjudicated rights in the Seawater Seaside
Groundwater Basin. If the estimate
shown on page 3, paragraph 4 of the report is incorrect, the report will be
updated and distributed.
The motion was approved unanimously on a vote of 6 – 0. No comments were directed
to the Board during the public hearing on this item. |
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19. |
Consider Approval of Draft 2010 MPWMD Annual Report |
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No Action Items were
submitted for Board consideration. |
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ACTION ITEMS |
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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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20. |
Letters Received |
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21. |
Committee
Reports |
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22. |
Carmel
River Fishery Report for March 2011 |
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23. |
Water
Conservation Program Report for February 2011 |
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24. |
Monthly
Allocation Report |
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25. |
Monthly
California American Water Production Report |
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26. |
Monthly Water Supply Status Report |
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27. |
Quarterly Water Supply Project Status Report |
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28. |
Quarterly Irrigation Program and Riparian Projects
Report |
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29. |
Quarterly Carmel River Erosion Protection and
Restoration Projects Report |
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30. |
Quarterly Water Use Credit Transfer Status Report |
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The meeting was adjourned at 8:15 pm. |
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ADJOURNMENT |
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