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EXHIBIT
1-A DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District May 16, 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 Brenda Lewis – Division 1 Judi Lehman – Division 2 Kristi Markey – Division 3 David Pendergrass – Mayoral
Representative Directors Absent: Dave Potter, Vice Chair –
Monterey County Board of Supervisors 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 Oath of Office was
administered to Brenda Lewis. |
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ADMINISTER OATH OF OFFICE TO BRENDA LEWIS, DIRECTOR
DIVISION 1 |
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The following comments were
directed to the Board during Oral Communications. (1) Dale Hekhuis, former MPWMD Director, thanked Darby Fuerst and
Kristi Markey for their recent remarks regarding water project development by
the District. (2)
Alvin Edwards, former Division 1 Director, congratulated Brenda Lewis on
her election to the MPWMD Board of Directors. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Doyle and second of Director Lehman, the Consent Calendar was approved
unanimously on a vote of 6 – 0.
Directors Brower, Doyle, Lehman, Lewis, Markey and Pendergrass voted
in favor of the motion. 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 April 18, 2011
Regular Board Meeting |
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Approved. |
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2. |
Consider Approval of California American Water
Interim Reimbursement Agreement for the District Mitigation Program |
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Approved. |
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3. |
Consider Adoption of Resolution No. 2011-08 Calling
an Election in Voter Divisions 3, 4 and 5 on November 8, 2011 |
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Approved. |
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4. |
Authorize Expenditure of Budgeted Funds for Water
Service Connection to Water Project 1 Site from Marina Coast Water District |
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Approved. |
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5. |
Consider
Adoption of Findings of Denial – 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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Approved. |
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6. |
Consider Authorization for Funding of Retrofits
at San Carlos School (Private School) |
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Approved. |
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7. |
Consider Authorization for Funding of Retrofits
at Monterey Peninsula Unified School District Schools |
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Approved. |
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8. |
Consider Approval of Third Quarter Fiscal Year
2010-11 Investment Report |
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PRESENTATIONS |
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Chair Brower congratulated
Mr. Bell, Mr. Osahan and Ms. Silva on their retirements and presented plaques
to each of them. Ms. Silva was not
present. |
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9. |
Acknowledge Andrew Bell, Inder Osahan, and June
Silva upon their Retirement from the MPWMD |
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Mr. Anthony presented the
report. A summary is on file at the
District office and can be viewed on the District’s website. In response to a question from the Board,
Mr. Anthony stated that currently the company is focused on replacement of old
water mains in the City of Seaside.
Cal-Am has requested approval from the California Public Utilities
Commission (CPUC) to fund repair of water mains in the area east of Carmel
Valley Village. |
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10. |
Monthly Report from California American Water
General Manager, Craig Anthony |
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Mr. Anthony reported that Cal-Am
reviews and set meters for: (1) a new fire service; and (2) meter splits such
as for an existing apartment building that will transition to separate meters
for each unit. If the CDO does not
provide clear direction on the specifics of a project, Cal-Am retains the
application and takes no action on setting a water meter. The application will be held until the CPUC
provides further clarification. In
some circumstances, Cal-Am is not aware of a project because no new meter is
needed such as when a bathroom is added under the MPWMD second bathroom
ordinance. When the MPWMD issues a water permit for a remodel, the MPWMD provides
the applicants’ names and property addresses to Mr. Anthony and he forwards
the information in a confidential report to the SWRCB for clarification. Mr.
Anthony suggested that if someone anticipates development of a project, it
would be best to call him at 831-646-3214 and discuss the details as each project
presents a unique situation. During the public comment
period on this item, Connie Kane asked if water would be available for
addition of a new bathroom in a residence based on medical necessity. Mr. Anthony stated that the MPWMD second
bathroom ordinance would allow installation of that bathroom. |
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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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Mr. Fuerst noted that when
a water permit is issued, the recipient is advised by MPWMD staff that Cal-Am
may not issue a water meter. He stated
that areas served by the Pebble Beach Community Services District /Carmel Area
Wastewater District reclamation project are not subject to the moratorium. Neither are properties served by the Sand
City Desalination Project or the Seaside Municipal Water Company. The proposed Monterey Bay Shores Ecoresort
project is exempt, as are subsystems in the Laguna Seca and Ryan Ranch areas
that do not use water from the Carmel River.
In areas subject to the moratorium, property owners can petition the
SWRCB directly for authorization to receive a water permit. |
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12. |
Report from Darby Fuerst, General Manager on MPWMD
Response to Implementation of Moratorium on Water Connections for New and
Expanded Water Use |
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Stephanie Pintar, Water
Demand Manager, gave the presentation.
A summary is on file at the District office and can be viewed on the
District’s website. |
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13. |
Water Conservation Program Report |
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Henrietta Stern, Project
Manager, presented the report. A
summary is on file at the District office and can be viewed on the District’s
website. In response to a question
from the Board, Darby Fuerst and Joe Oliver explained that by December 2011,
total injection capacity of the Aquifer Storage and Recovery projects will be
approximately 20 acre-feet per day.
This includes two wells at the Water Project 1 site, with 3,000
gallons per minute yield, and one well at the Water Project 2 site with 1,750
gallons per minute yield. The District
has applied for grant funding to complete a second well at the Water Project
2 site. However, improvements to
Cal-Am distribution facilities must be completed in order to convey increased
capacity from a second well at the Water Project 2 site. Craig Anthony of Cal-Am confirmed that the
second well and infrastructure
improvements are an important component of the proposed Regional Water Supply
Project, which must undergo review by the California Coastal Commission
before funding can be obtained and construction can begin. |
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14. |
Update on Development of Water Supply Project
Alternatives Including Recycled Water |
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GENERAL MANAGER’S REPORT |
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15. |
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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16. |
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. |
MPWMD v. State Water
Resources Control Board; Superior Court Case No. 1-10-CV-163328 |
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C. |
Sierra Club v. MPWMD,
Security National Guaranty & California American Water, Real Parties
(Superior Court Case No. M 108149) |
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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. |
Application of California American
Water Company to CPUC, Application No. 10-09-018-San Clemente Dam Removal |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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In response to a question
from the Board, Stephanie Pintar stated that the District has reviewed the
Presidio of Monterey Master Plan and will comment. Also, District staff will follow up to
determine if any action has been taken at the Presidio to change the practice
of allowing water to run through the taps for a few seconds, due to
contamination from old lead pipes.
Director Lehman asked if any action had been taken on her previous
request that the Board provide updates to the public on Regional Water
Project expenditures. General Manager
Fuerst responded that District staff is collecting the information, and that
it may be appropriate for all Regional Water Project expenditures to be
placed on the updated Monterey Bay Regional Desalination Project website. |
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17. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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The matter was withdrawn
per request of the applicant. General
Manager Fuerst noted that the appeal application fee would be returned to the
applicant. |
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18. |
Consider Appeal of General Manager's Decision to
Deny a Lawn Removal Rebate Pursuant to District Rule 141-D, -- 1179 Waring
Street, Seaside (APN: 012-401-082) |
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ACTION ITEMS |
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Director Pendergrass
offered a motion that was seconded by Director Markey to receive and confirm
the Water Supply Forecast. The motion
was approved unanimously on a vote of 6 – 0.
Directors Brower, Doyle, Lehman, Lewis, 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 on this item. |
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19. |
Receive and Confirm Water Supply Forecast for
Period of May 1, 2011 through September 30, 2012 |
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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 April 2011 |
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23. |
Water
Conservation Program Report |
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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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The meeting was adjourned at
8:35 pm. |
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ADJOURNMENT |
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