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EXHIBIT 1-A |
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DRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water Management District July 21, 2014 |
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The
meeting was called to order at 7:05 p.m. in the Water Management District
conference room. |
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CALL TO
ORDER/ROLL CALL |
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Directors
Present: David
Potter – Chair, Monterey County Board of Supervisors Representative Bill
Thayer – Vice Chair, Division 2 (participated by telephone) Brenda
Lewis –Division 1 Kristi
Markey – Division 3 David
Pendergrass – Mayoral Representative Directors
Absent: Jeanne
Byrne – Division 4 Robert
S. Brower – Division 5 General
Manager present: David J. Stoldt 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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No
comments were directed to the Board during Oral Communications. |
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ORAL
COMMUNICATIONS |
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On
a motion by Markey and second of Lewis, the Consent Calendar was approved with
the exception of Items 3 and 5 that were pulled for separate
consideration. The motion was approved
on a unanimous roll-call vote of 5 – 0 by Markey, Lewis, Thayer, Pendergrass
and Potter. Byrne and Brower were
absent for the vote. |
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CONSENT
CALENDAR |
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Approved. |
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1. |
Consider Adoption
of Minutes of the June 23, 2014 Regular Board Meeting |
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Approved. |
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2. |
Consider
Receipt of Final Los Padres Dam and Reservoir Long-Term Strategic and
Short-Term Tactical Plan |
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Refer
to Action Item 24. |
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3. |
Consider
Policy on Preparation of Committee Meeting Minutes |
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Approved. |
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4. |
Consider
Adoption of Resolution No 2014-13 to Obtain Credit Line with Rabobank, N.A. |
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Markey
made a motion that was seconded by Pendergrass to adopt Resolution 2014-14,
and authorize staff to update the Rules and Regulations so that any mention
of a fee or charge conforms to the amended table. The motion was approved on a unanimous
roll-call vote by Markey, Pendergrass, Lewis, Thayer and Potter. Brower and Byrne were absent for the vote. |
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5. |
Consider
Adoption of Resolution 2014-14 Amending Fees and Charges Table – Rule 60 |
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Approved. |
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6. |
Authorize
Expenditure of Budgeted Funds for Software Maintenance Agreements |
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Approved. |
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7. |
Consider
Adoption of Amendments to Rule 24, Table 2: Non-Residential Water use Factors |
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Approved. |
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8. |
Consider
Approval of May 2014 Treasurer's Report |
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GENERAL
MANAGER’S REPORT |
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General
Manager Stoldt presented the report. A
summary is on file at the Water Management District office and website. His presentation included an overview
of emergency water conservation
regulations adopted by the State of California, that will be in effect on
August 1, 2014. He also reviewed water
conservation rules already in effect within the Water Management District
boundaries, and the seven stages of the Water Management District’s
Conservation and Standby Rationing Plan. |
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9. |
Status
Report on California American Water Compliance with State Water Resources
Control Board Order 2009-0060 and Seaside Groundwater Basin Adjudication
Decision |
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No
report. |
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10. |
Update on
Development of Water Supply Projects |
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District
Counsel Laredo reported that he provided the Board with a status report on
agenda items 3.A and 3.B. The Board
provided direction to Counsel. No
reportable action was taken. |
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ATTORNEY’S REPORT |
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11. |
Report on 6:30 PM Closed Session |
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3. |
Conference
with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a) |
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A. |
Monterey
Peninsula Taxpayers Association v. MPWMD, Monterey County Superior Court Case
#M123512 |
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B. |
Application
of California American Water to the California Public Utilities Commission
(App. No. 13-07-002) 2013 General Rate Case |
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DIRECTORS’
REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND
MEETINGS) |
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No
reports were presented. |
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12. |
Oral Reports on Activities of County,
Cities, Other Agencies/Committees/ Associations |
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PUBLIC
HEARINGS |
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Pendergrass
offered a motion that was seconded by Lewis, to approve the Negative
Declaration for Ordinance No. 161 and adopt the ordinance. The motion was approved on a unanimous
roll-call vote of 5 - 0 by Pendergrass, Lewis, Markey, Potter and Thayer. Brower and Byrne were absent for the vote. The
following comments were received during the public comment period on this
item. (1) Nelson Vega asked for clarification of the following: if a
building does have documented water use, a sub-meter could be installed as
long as estimated water use does not exceed previous use on the site. Mr. Stoldt encouraged Mr. Vega to discuss
his building plans with Water Demand Division personnel. (2) Bob Massaro, representing the
Monterey Commercial Property Owners Association, stated that the Association
strongly supports the ordinance. (3) Anthony Davi, Sr., asked if installation
of sub-meters could be used to improve a site that has an existing quantified
water use. Stoldt responded that each
request must be reviewed by Water Management District staff, before a determination
on installation of sub-meters can be made. |
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13. |
Consider
Second Reading and Adoption of Ordinance No. 161 – An Ordinance of the Board of Directors of
the Monterey Peninsula Water Management District Amending Rule 23-A-1-i
Regarding Sub-Metering |
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On
a motion by Markey and second of Pendergrass, the first reading of Ordinance
No. 162 was approved on a unanimous vote of 5 – 0 by Markey, Pendergrass,
Lewis, Thayer and Potter. Brower and Bryne were absent for the vote. Public
Comment. Devon Lincoln, an attorney with Lozano Smith representing several
school districts, spoke in support of the ordinance. She expressed appreciation to the Water
Management District for developing the proposed regulations. |
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14. |
Consider
First Reading of Ordinance No. 162 --
Amending the Water Permit Process for Primary and Secondary Public
School Districts |
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ACTION
ITEMS |
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On
a motion by Pendergrass and second of Lewis, the Board agreed that the
procedure for preparation of committee minutes should continue without
modification. The motion was approved
unanimously on a vote of 5 – 0 by Pendergrass, Lewis, Markey, Potter and
Thayer. Brower and Byrne were absent
for the vote. No comments were directed to the Board
during the public comment period on this item. |
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15. |
Consider
Policy on Preparation of Committee Meeting Minutes |
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Pendergrass
offered a motion that was seconded by Lewis, to authorize an expenditure of
$75,000 for drought related outreach from the Flood and Drought Reserve. The motion was approved unanimously on a
vote of 5 – 0 by Pendergrass, Lewis, Markey, Potter and Thayer. Brower and Byrne were absent for the vote. In
response to a question from the Board of Directors, Eric Sabolsice, General
Manager of California American Water, Coastal Division, stated that the
source of an ongoing water leak in the City of Carmel appeared to be
groundwater, and was likely not from the Cal-Am distribution system. Cal-Am continues to search for the source
of the leak. He stated that the leak
rate for the Monterey system was less than 5 percent. |
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24. |
Consider Approval of Reserve Funding
for Drought Response |
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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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16. |
Letters
Received |
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17. |
Committee
Report |
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18. |
Carmel River
Fishery for May 2014 |
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19. |
Water
Conservation Program Report |
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20. |
Monthly
Allocation Report |
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21. |
Monthly Water
Supply and California American Water Production Report |
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22. |
Quarterly
Carmel River Riparian Corridor Management Program Report |
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23. |
Quarterly
Water Use Credit Transfer Status Report |
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The
meeting was adjourned at 7:55 pm. |
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ADJOURNMENT |
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U:\staff\Boardpacket\2014\20140818\ConsentClndr\01\item1_exh1a.docx |
Arlene
M. Tavani, Deputy District Secretary |