FINAL MINUTES
Regular Board Meeting
Board of Directors
Monterey Peninsula Water
Management District
May 19, 2003
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The
meeting was called to order at 7:00 PM in the Seaside City Council Chambers. Board
members present: Zan
Henson, Chair – Division 5 Judi
Lehman, Vice Chair – Division 2 Alvin
Edwards – Division 1 Molly
Erickson – Division 3 Kris
Lindstrom – Division 4 David
Pendergrass – Mayoral Representative Board
members absent: Dave
Potter – Monterey County Board of Supervisors Acting
General Manager present: Fran Farina District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. The
following comments were directed to the Board. (1) Harry Rockey read a statement on
file at the District office in which he commented that a desalination project
might solve Monterey County’s water problems.
(2) Rick Heuer, representing the Monterey Peninsula Tax Payers
Association Board of Directors, objected to the use of taxpayer funds to
thwart the will of the people as evidenced by the vote on Measure B that
called for the dissolution or change in governance of the District. (3) Marc BJ§que, President of Water for
Us, asked the Board to refrain from authorizing $25,000 to oppose Senate Bill
149. (4) Jack Farmer objected
to the proposal to authorize $25,000 to hire a consultant to lobby against
SB149. (5) Larry Foy,
representing the Monterey County Hospitality Association, expressed support
for Measure B and objected to any action the Board would take to fund
activities in opposition to SB149. He
proposed that the Board take a no confidence vote and dissolve the District. (6)
Nancy Isakson, representing Monterey Peninsula Citizens for a Water
Solution, objected to the proposed expenditure of funds to hire a consultant
to lobby against SB149. She described
it as a misappropriation of funds.
(7) Bob McKenzie, Co-Coordinator of the Measure B campaign,
expressed opposition to the authorization of funds “to try and thwart and
frustrate the intent” of citizens that voted in favor of Measure B. (8) David Dilworth According to Mr.
Dilworth, the mayors who have worked on development of SB149 are proponents
of a dam project. He further stated that SB149 is an anti-democratic
effort. (9) Sheryl McKenzie,
Government Affairs Director for the Monterey County Board of Realtors, stated
that SB149 does not mention construction of a dam; neither does it dissolve
the District. The bill does propose a
change in leadership. She charged that
the proposal to hire a consultant to lobby against SB149 was a move to “keep
your jobs” and “for your own self benefit.”
She asked that a public hearing be conducted on the question of hiring
a consultant. (10) Neal Gardner,
a resident of Monterey, charged that the Board’s intent was to control growth
and not to provide water. Director Erickson offered a motion to pull items 2, 4 and 7 for separate consideration and to approve the remainder of the Consent Calendar. Director Lehman seconded the motion. The Board approved the motion on a vote of 6 – 0. Directors Edwards, Erickson, Henson, Lehman, Lindstrom, and Pendergrass voted in favor of the motion. Director Potter was absent. . Adopted. Director
Lehman made a motion to approve the staff recommendation and authorize the
expenditure of $30,000 to employ a consultant to promote Resolution
2003-01. Director Erickson seconded
the motion. Director
Erickson proposed an amendment to the motion.
The motion should state that the lobbyist will work to protect the
voters’ rights to elect water directors directly and locally, to approve
water supply projects, and to retain the right to referendum on bonds, and
all other democratic rights currently held by the voters of this
District. Director Lehman seconded
the amendment. The motion was adopted
on a vote of 4 – 2. Directors
Erickson, Henson, Lehman and Lindstrom voted in favor of the motion. Directors Edwards and Pendergrass voted
against the motion. Director Potter
was absent. Public
comment on this item was received during Oral Communications. In addition, the following public comments
were presented during the Board’s consideration of this item. (1) Lou Haddad, a resident of
Monterey, expressed opposition to SB149 and to the proposal to hire a
consultant to lobby against the bill.
He suggested that the Board members write letters to legislators and
appear before legislative committees urging them to oppose the bill. (2) Alan Samuels urged the Board to
authorize funds to hire a consultant to lobby against SB149. He stated that most public agencies retain
lobbyists. Adopted. Director
Erickson proposed a motion to authorize an expenditure of $3,000 to retain
Central Coast Surveyors to perform tasks specified in the staff
recommendation. Director Lehman
seconded the motion. It was approved
on a vote of 5 – 1. Directors Edwards,
Erickson, Henson, Lehman, and Lindstrom voted in favor of the motion. Director Pendergrass voted in opposition to
the motion. Director Potter was
absent. No public comment was directed to the
Board on this item. Adopted. Adopted. Director
Erickson offered a motion to approve the deed restriction templates with the
following amendments to the templates that were distributed at the Board
meeting titled Minor Revisions to Deed Restriction Templates (on file at the
District office). Delete the reference
to NUMBER and TYPE OF DWELLING UNITS in paragraph 2, page 2 of the templates
for Affordable Housing and Low-Income Housing. Director Edwards seconded the motion. It was approved on a vote of 6 – 0. Directors Edwards, Erickson, Henson,
Lehman, Lindstrom and Pendergrass voted in favor of the motion. Director Potter was absent. No public comment was presented to the
Board on this item. Adopted. Adopted. Adopted. Acting
General Manager Farina reported that on May 10, 2003, she attended a tour of
the Santa Barbara desalination plant. She noted that the facility is not
operational. She circulated
photographs of the facility. District
Counsel Laredo reported on the Closed Session of April 21, 2003. He stated that status reports were provided
to the Board on the items listed on the agenda. No reportable action was taken. Mr.
Laredo reported on the May 14, 2003 hearing before the Public Utilities
Commission (PUC) regarding California-American Water Company’s Application
No. 97-03-052 dealing with rate aspects and lead agency status for Cal-Am’s
proposed water supply project. Mr.
Laredo read portions of the hearing transcript, specifically, comments made
by Cal-Am staff as to whether or not Cal-Am has withdrawn its application for
the Carmel River Dam Project from the District, and if any formal
communication has occurred between Cal-Am and the District regarding whether
work related to the dam should continue.
Under questioning by the PUC, Cal-Am staff stated that the Carmel
River Dam Project “clearly has not been abandoned.” Mr. Laredo stated that Cal-Am was seeking
ratemaking approval as if the dam project had been abandoned. Mr. Laredo noted that Cal-Am has scheduled
ex parte meetings with PUC Commissioners Kennedy, Lynch and Wood on May 23,
2003 regarding lead agency status. Acting
General Manager Farina responded to questions raised by Director Edwards
regarding the possibility of conducting a District-wide authorizing/binding
election on November 4, 2003. She
stated that an item authorizing funding for an election will be considered at
the May 29, 2003 Board meeting. If
the Board decides to place a measure on the ballot, it could be either
advisory or binding. The ballot
measure language must be submitted to the Monterey County Elections
Department by July 24, 2003. The cost
to the District to conduct the election would be increased, if the Board
decided to conduct a polling place election instead of participating in the
mail-ballot election. Director Erickson offered a motion to continue this item to the June 16, 2003 Board meeting. Director Lehman seconded the motion. Director Erickson offered an amendment that was seconded by Director Lehman, that all Board comments be incorporated into the budget for Administrative Committee review. Comments on the budget must be submitted to staff by Tuesday, June 3, 2003. The motion was approved on a vote of 6 – 0. Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Pendergrass voted in favor of the motion. Director Potter was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) David Dilworth complimented
staff on preparation of a budget that was presented in a clear and useful
format. He asked why the draft budget
did not include revenue from Cal-Am to fund studies on the water supply
project EIR. (2) Harry Rockey stated
that the District and the City of Santa Barbara experience similar water
problems. He noted that the District
might consider public ownership of the water distribution system, instead of
ownership by Cal-Am. Director Pendergrass
offered a motion to approve the second reading of Ordinance No. 107,
including the findings and a determination that the ordinance qualifies for a
statutory exemption under Section 15270 of the California Environmental
Quality Act (CEQA). Director Edwards
seconded the motion. It was approved
on a vote of 5 – 1. Directors Edwards,
Henson, Lehman, Lindstrom and Pendergrass voted in favor of the motion. Director Erickson was opposed to the
motion. Director Potter was absent. No comments were directed to the Board
during the public hearing on this item. Director Lehman offered a
motion to approve the determination that Ordinance No. 108 is exempt from
CEQA according to sections 15307 and 15308 of the CEQA Guidelines. Director Erickson seconded the
motion. It was approved on a vote of
5 – 1. Directors Edwards, Erickson,
Henson, Lehman, and Lindstrom voted in favor of the motion. Director Pendergrass voted in opposition to
the motion. Director Potter was
absent. Director Lehman offered a
motion to approve the second reading of Ordinance No. 108 together with the
findings and the determination that the ordinance is exempt from CEQA. Director Erickson seconded the
motion. It was approved on a vote of
4 – 2. Directors Erickson, Henson,
Lehman and Lindstrom voted in favor of the motion. Directors Edwards and Pendergrass voted in
opposition to the motion. Director
Potter was absent. No public comment was
directed to the Board during the public hearing on this item. The meeting recessed at
8:05 PM and reconvened at 8:10 PM. Director Erickson proposed
a motion to: (a) approve the request for proposal text; (b) change the date
that proposals must be returned to the District from June 20, 2003 to any
date between June 25th and July 7; (c)
direct that the EIR analyze Alternatives 1 and 2 described on page 102 of the
Board packet; (d) the project description is defined as “terminate the water credit program;” and
(e) the mailing list is confirmed but any suggested changes and additions
should be submitted to staff as soon as possible. No names should be deleted. Director Lehman seconded the motion. The motion was approved on a vote of 6 –
0. Directors Edwards, Erickson,
Henson, Lehman, Lindstrom and Pendergrass voted in favor of the motion. Director Potter was absent. Director Pendergrass
proposed a motion to amend the title of the study to the following, “Impacts
of the Action on Ordinance No. 102 Which is Termination of the Water Credit
Transfer Program.” Director Edwards
seconded the motion. The motion failed
on a vote of 2 to 4. Directors
Pendergrass and Edwards voted in favor of the motion. Directors Erickson, Henson, Lehman and
Lindstrom voted against the motion.
Director Potter was absent. The
following comments were directed to the Board during the public comment
period on this item. (1) Mark BJVque, a resident of Monterey,
stated that approximately 200 acre-feet of water was transferred under the
water credit transfer program. He
opined that it should not be illegal to change uses of water to suit the
customer’s needs. (2) David
Dilworth spoke in support of preparation of an EIR on a water credit
transfer program. He suggested that the Notice of Preparation be circulated
before a consultant is selected to prepare the report. He asked that a request for proposals not
be sent to the consultant that prepared the Carmel River Flow Threshold
Report. Director
Lindstrom proposed a motion to authorize an expenditure of $26,000 to
contract with Shannon Executive Search to conduct a search for a general
manager. Director Erickson seconded
the motion. It was approved on a
vote of 4 to 2. Directors Erickson,
Henson, Lehman and Lindstrom voted to approve the motion. Directors Edwards and Pendergrass voted
against the motion. Director Potter
was absent. No public comment was directed to the
Board during the public comment period on this item. The meeting was recessed at 9:00 PM and reconvened at 9:05 PM so the
Board could consider agenda items 2, 4 and 7. There
was no discussion of the Informational Items/Staff Reports. The
meeting was adjourned to Closed Session at 9:45 PM. The
Closed Session adjourned at approximately 10:30 PM. |
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CALL TO ORDER/ROLL CALLPLEDGE
OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Approval of Minutes from the Regular
Board Meetings of April 21, 2003 and May 2, 2003 2.
Consider Authorization of Funds to Employ
Consultant to Promote Resolution 2003-01 3.
Consider Authorization to Hire Consultants for
Firewall Configuration, Setup, Exchange and Back Up Maintenance 4.
Consider Authorization of Funds to Prepare Maps
for Implementation of Revised Water Distribution System Regulations 5.
Consider Authorization of Funds for ALERT Gage
Maintenance Agreement with Monterey County Water Resources Agency for Fiscal
Year 2002-2003 6.
Consider Authorization to Purchase Equipment for
Information Systems Support 7.
Consider Approval of Deed Restriction Templates 8.
Status Report on Assessment of Feasibility of
Brine Discharge Via Monterey Regional Water Pollution Control Agency Outfall 9.
Receive Additional Analysis on Water Year 2002
Annual Water Production Reporting Summary 10.
Consider Adoption of Treasurer’s Report for March
2003 GENERAL
MANAGERS REPORT ATTORNEY’S
REPORT Report on Closed Session of April 21, 2003 ATTORNEY’S
REPORT Report on May 14, 2003 California Public Utilities
Commission Hearing DIRECTORS’
REPORTS 11.
Board Comments and Referrals PUBLIC
HEARINGS 12. Consider Draft Fiscal Year 2003-2004 MPWMD Budget 13. Consider Second Reading and Adoption of Ordinance No. 107 – Rescinding Ordinance No. 102 and Reinstating Rule 28, Water Use Credit Transfers 14. Consider Second Reading and Adoption of Ordinance No. 108 – An Ordinance of the Monterey Peninsula Water Management District Amending Rule 28-B to Clarify the Discretionary Review of Water Credit Transfer Applications by Board of Directors ACTION ITEMS 15. Consider Approval of Request for Proposals for Preparation of EIR on Termination of Water Credit Transfer Program 16. Consider Contract for Recruitment of General Manager INFORMATIONAL
ITEMS/STAFF REPORTS
ADJOURN
TO CLOSED SESSION
a.
California-American Water Company Application 97-03-052 to the Public
Utilities Commission for a Certificate of Public Convenience and Necessity to
Construct and Operate a 24,000 Acre-Foot Carmel River Dam and Reservoir and
to Recover All Costs in Connection Therewith in Rates b.
Mary Currier, Chris Currier and Roy and Jeanell Kaminske v MPWMD,
Case No. M59299, Monterey County Superior Court c.
Cities of Seaside, Carmel, Del Rey Oaks, Monterey, Pacific Grove and
Sand City v MPWMD, Case No. M59441, Monterey County Superior Court ADJOURNMENT |
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Fran Farina, Secretary to the Board
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