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EXHIBIT 1-A |
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DRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water Management District September 15,
2014 |
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The
meeting was called to order at 7:00 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 Brenda
Lewis –Division 1 Jeanne
Byrne – Division 4 David
Pendergrass – Mayoral Representative Directors
Absent: Vacant
– Division 2 Kristi
Markey – Division 3 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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George
Riley, representing Public Water Now, stated that the organization will raise
questions about the feasibility criteria for slant wells proposed for the
Monterey Peninsula Water Supply Project.
His concern is that feasibility criteria such as cost, prior
experience and timelines were not part of the established guidelines. |
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ORAL
COMMUNICATIONS |
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On
a motion by Pendergrass and second of Byrne, the Consent Calendar was adopted
on a unanimous vote of 4 – 0 by Directors Pendergrass, Byrne, Lewis and
Potter. Directors Markey and Brower
were absent. |
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CONSENT
CALENDAR |
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Approved. |
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1. |
Consider
Adoption of Minutes of the August 18, 2014 Regular Board Meeting |
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Approved
amendments. |
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2. |
Consider
Recommendation to the Board to Amend Cost Sharing Agreement with DeepWater
Desal |
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Approved
not-to-exceed amount of $13,700. |
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3. |
Consider
Extension of Cooperative Agreement with the United States Geological Survey
for Streamflow Gaging in Water Year 2015 |
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Approved. |
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4. |
Consider
Approval of Fourth Quarter Fiscal Year 2013-2014 Investment Report |
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Approved. |
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5. |
Consider
Approval of Treasurer's Report for June 2014 |
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GENERAL
MANAGER’S REPORT |
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A
summary of General Manager Stoldt’s report is on file at the District office
and can be viewed on the MPWMD website. |
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6. |
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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Stoldt
reported the following. Monterey Peninsula Water Supply Project
Desal – The deadline for a decision on the desalination project has been
extended eleven months to the third quarter of 2015. California American Water (Cal Am) is
expected to submit to the California Coastal Commission an
appeal of the decision by the City of Marina to deny a permit to drill test
wells. SB936, the ratepayer relief
legislation, was approved unanimously by the California Assembly and Senate
and is awaiting the Governor’s signature. The project Governance Committee will meet
on September 17, 2014 to discuss bids for construction of desal project test
wells and to review the Value Engineering Study. Pure Water Monterey groundwater replenishment project – A stakeholder meeting is set for
September 19, 2014 to review a source water memorandum of understanding that
will be submitted for consideration by the Monterey County Water Resources
Agency on September 22, 2014. Aquifer Storage and Recovery (ASR) – staff
is working with the City of Seaside on a lease agreement that will facilitate
completion of site improvements at the Santa Margarita ASR location. Local
Water Project Grant Funding – Applications are to be submitted to the
Water Management District by October 1, 2014.
No applications have been received.
DeepWater Desal Project – a
study on the project costs has been completed and will be reviewed by the
Water Supply Planning Committee in September, and submitted for Board review
in October. Cease and Desist Order - The working group will meet on November
7, 2014 with State Water Resources Control Board staff regarding a possible
extension to the CDO deadlines. |
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7. |
Update on
Development of Water Supply Projects |
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A
summary of Stephanie Locke’s report is on file at the Water Management
District office and can be viewed on the District’s website. |
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8. |
Report on Drought Response |
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ATTORNEY’S
REPORT |
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District
Counsel Laredo reported that he provided an update to the Board on items of
pending litigation listed on the agenda.
The Board of Directors provided general direction to Counsel and
staff. No reportable action was taken.
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9. |
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. |
MPWMD v. SWRCB; Santa Clara
1-10-CV-163328 – CDO (6th District Appellate Case #H039566 |
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B. |
Water Plus v. MPWMD, Case No. M125274 |
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C. |
Monterey Peninsula
Taxpayers Association v. MPWMD; Case No. M123512 |
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DIRECTORS’
REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND
MEETINGS) |
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No reports were submitted by the Directors. |
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10. |
Oral Reports on Activities of County,
Cities, Other Agencies/Committees/ Associations |
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PUBLIC
HEARINGS |
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On
a motion by Byrne and second of Pendergrass, the Board approved the staff
recommendation to: (a) adopt the Findings of Approval for Application
#20140206CYP; (b) approve Application #20140206CYP and issue MPWMD Permit
M14-05-L4 with the Conditions of Approval; and (c) direct staff to file a
Notice of Exemption. The motion was
approved unanimously on a vote of 4 – 0 by Directors Byrne, Pendergrass,
Lewis and Potter. Directors Brower and
Markey were absent. The
following comments were directed to the Board during the public hearing on
this item. (1) Tony Lombardo, representing the applicant, expressed support for the staff recommendation and requested
that the Board approve the application.
(2) Eric Sabolsice
of California American Water spoke in support of the staff recommendation. |
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11. |
Consider Approval of Application to
Amend California American Water Distribution System – Transfer of Cypress
Pacific Water Rights in Seaside Basin, APN 011-011-020, 715 Tioga Avenue, Sand
City (donor parcel) |
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Byrne
offered a motion to approve Resolution 2014-15. The motion was seconded by Lewis and
approved unanimously on a vote of 4 – 0 by Directors Byrne, Lewis,
Pendergrass and Potter. Directors
Brower and Markey were absent.
No comments were directed to the Board during the public hearing on
this item. |
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12. |
Consider
Adoption of Resolution 2014-15 Modifying Rule 162 -- Regulatory Water
Production Targets for California American Water Systems |
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On
a motion by Byrne and second of Pendergrass, this item was continued to the
October 20, 2014 Board meeting. The
motion was approved unanimously on a vote of 4 – 0 by Directors Byrne,
Pendergrass, Lewis and Potter.
Directors Brower and Markey were absent. |
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13. |
Consider
Adoption of October through December 2014 Quarterly Water Supply Strategy and
Budget |
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ACTION ITEMS |
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Byrne
offered a motion that was seconded by Pendergrass, to select the Division 2 representative
by appointment of the Board. The
motion failed on a vote of 3 – 1 with Directors Byrne, Pendergrass and Potter
voting in favor and Director Lewis opposed.
Directors Brower and Markey were absent. Counsel Laredo
noted that a motion is only approved by the affirmative vote of a majority of
the Board. There
was consensus among the four directors present that staff should post notice
of the vacancy on the Board, and that a decision on whether to appoint or set
an election will be made at the October 20, 2014, Board meeting. Until them, the Water Management District
would continue to accept letters of interest and statements of qualifications
from persons who would like to represent Voter Division 2. Directors could individually interview any
persons that expressed an interest in the open position. No comments were
directed to the Board during the public comment period on this item. |
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14. |
Specify
Method for Selection of Director to Fill Vacancy in Voter Division 2 |
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On
a motion of Byrne and second by Pendergrass, Director Markey was elected to
the position of Vice Chair. The motion
was approved on a unanimous vote of 4 – 0 by Directors Byrne, Pendergrass,
Lewis and Potter. Directors Brower and
Markey were absent. No comments were directed to the Board
during the public comment period on this item. |
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15. |
Specify
Method for Selection of Director to Fill Vacancy in Office of Vice Chair and
Make Selection |
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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 Report |
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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. |
Semi-Annual
Financial Report on the CAWD/PBCSD Wastewater Reclamation Project |
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23. |
Minutes of
Monterey Peninsula Water Supply Project Governance Committee |
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The
meeting was adjourned at 7:45 pm. |
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ADJOURNMENT |
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U:\staff\Boardpacket\2014\20141020\ConsentClndr\01\item1_exh1a.docx |
Arlene
M. Tavani, Deputy District Secretary |