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FINAL MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District December 13, 2004 |
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The
meeting was called to order at 7 PM in the Board Room of the Monterey
Regional Water Pollution Control Agency. Directors
present: Alvin
Edwards, Chair – Division 1 (Participated by telephone) Larry
Foy, Vice Chair – Division 5 Judi
Lehman, Division 2 Kristi
Markey, Division 3 Michelle
Knight, Division 4 David
Potter, Monterey County Board of Supervisors Directors
absent: David
Pendergrass, Mayoral Representative General
Manager present: David A. Berger District
Counsel present: David C. Laredo Chair
Edwards who was participating by telephone, asked Director Foy to serve as
Acting Chair. Director Foy asked the
assembly to observe a moment of silence in consideration of Chair Edwards due
to the recent death of his grandmother. The
assembly recited the Pledge of Allegiance. No
comments were directed to the Board during Oral Communications. On
a motion by Director Knight and second the Director Lehman, the Consent
Calendar was approved unanimously on a vote of 6 – 0. Directors Edwards, Foy, Knight, Lehman,
Markey and Potter voted in favor of the motion. Director Pendergrass was absent. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Director
Foy announced that items 8B and 11 would be discussed following the Public
Hearing items. In addition, item 18
was continued to a special Board meeting scheduled for December 27, 2004 at 9
AM in the District conference room. Acting
Chair Foy presented the resolution to Sherron Forsgren. Director
Edwards departed from the meeting prior to the presentation under Item 8-B at
approximately 9 PM. Henrietta Stern presented this item late in the evening after consideration of item 11. An outline of Henrietta Stern’s report is on file at the District office. Joe
Oliver, Water Resources Manager, reported that between October 1, 2004 and
December 12, 2004, California American Water has produced 1,696 acre-feet of
water from the Carmel River. Cal Am’s
production was 41 acre-feet under the limit established by State Water
Resources Control Board (SWRCB) Order 95-10.
Mr. Oliver announced that the community will move from Stage 3 to
Stage 1 of the Water Conservation and Standby Rationing Plan because Cal Am
water production has been below the SWRCB limit for two consecutive
months. The Board directed that
District staff continue to present this report each month. General
Manager Berger announced that Cal-Am has filed a preliminary application for
a general rate case with the California Public Utilities Commission
(PUC). The application would cover the
period of 2006 through 2009. District
staff will keep the Board of Directors and public apprised of any comments
the District should file with the PUC concerning the rate case. Steve Leonard, General Manager of Cal-Am,
stated that a preliminary draft of the rate case application was submitted to
the PUC per a new application process that has been established. The final application will be submitted
in January 2005. Presently, a 30
percent rate increase is proposed. A
large part of the 30 percent increase is expected to fund environmental
mitigation programs. The application
will be available to the public in February 2005. Public hearings will be conducted on the
application. District
Counsel Laredo gave a status report on Cal-Am’s application to the PUC to
consolidate Monterey and Felton area rates.
He reported that at the public participation hearings conducted in
December, 43 speakers spoke against the rate consolidation and one person
expressed support. Regarding Cal Am’s
request to defer a moratorium on the Peninsula, Mr. Laredo reported that the
Office of Ratepayers Advocate has requested a public hearing. No further action has been taken by the
PUC. At the Closed Session, Mr.
Laredo provided the Board with a status report on Cal Am versus City of Seaside
et. al., but no action was taken. Mr.
Laredo also updated the Board on Save Our Carmel River versus the MPWMD, but
no action was taken. Director Lehman reported on the November 30 through December 1, 2004 tour of Los Angeles and Orange County purified, reclaimed water facilities that was organized by the Monterey Regional Water Pollution Control Agency. Director Pendergrass and David Berger also attended. Director Lehman will submit a written report to the Board. Director Knight expressed concern regarding the new application process established by the PUC, that requires a waiting period before an application is available for public review. General Manager Berger agreed to prepare a letter to the PUC. Director Lehman commended District staff for organizing the December 9, 2004 Holiday Open House. Director Foy noted that the excellent visual presentations developed by staff could be incorporated into a television show to be aired on Access Monterey Peninsula.
Director Markey reported that she and Director Foy met with Michael Waxer and Alan Williams regarding the Monterra Ranch Water Distribution System. All potable water issues have been resolved. More information is needed before the Board can make a determination on the non-potable water distribution system. District staff was directed to schedule another meeting with the applicant in early January 2005. Director
Edwards proposed a motion that was seconded by Director Knight to approve the
water use credit transfer and the four conditions of approval listed in the
staff report. Director Lehman offered an amendment to the motion, to add another condition specifying that the Board would review and take action on the conditional water permit, instead of allowing District staff to handle it. There was no second to the motion. The motion to approve the water use credit transfer was approved on a vote of 4 – 2. Directors Edwards, Foy, Knight and Potter voted in favor of the motion. Directors Lehman and Markey voted against the motion. Director Pendergrass was absent. During
discussion of this item, Acting Chair Foy asked that District staff bring
before the appropriate Board committee a discussion regarding the possible
modification of the water use credit expiration period for redevelopment
projects. The
following comments were directed to the Board during the public hearing on
this item. (1) Diana Ingersoll, urged the Board to approve the water
credit transfer. She noted reasons why
the project could not be completed within the ten-year time period for
expiration of water credits. She
stated the City of Seaside consents to all Conditions of Approval and will
send a letter to the District affirming its support. (2) Ralph Rubio,
Mayor for the City of Seaside and Chair of the Seaside Redevelopment Agency,
stated that the city is looking for opportunities for infill. The transfer would allow the City to
maximize the resources they have. Director Potter offered a motion that was seconded by Director Knight to approve the application, Conditions of Approval and Findings of Approval, and authorize the filing of the Notice of Exemption. In addition: (1) Condition No. 2 would be modified by deleting the words “and irrigated agriculture;” (2) the conditions will specify that a landscape plan must also be submitted and approved by the MPWMD General Manager; and (3) Condition 9 would also be amended to require that the installation of a Cal Am meter shall be completed within 60 days of approval by the PUC. The motion was approved on a vote of 5 – 1. Directors Edwards, Foy, Knight, Markey and Potter voted in favor of the motion. Director Lehman was opposed. Director Pendergrass was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) Derinda Messenger, representing the applicant,
requested an extension of time to comply with Condition 9 that would require
installation of 450 feet of water line and the water meter by February 24,
2005. She asked for an extension of 60
days following PUC approval of the Advice Letter. Ms. Messenger also requested that the
requirement for her client to pay the water connection permit be deleted, if
it can be shown that it was paid in 1982.
Ms. Messenger stated that the applicant would agree to addition of
language to Condition No. 2 stating that there would be no commercial
agriculture on the site. (2) Robert
Greenwood, representing the Carmel Valley Association, urged the Board to approve the application
per Option 3, outlined in the staff
report. He asked how many existing Cal
Am connections are outside of the Cal Am service area. Director Potter offered a motion to continue this item to the February 24, 2005 Board meeting. Director Foy seconded the motion, which was approved unanimously on a vote of 6 – 0. Directors Edwards, Foy, Lehman, Markey, Knight, and Potter voted in favor of the motion. Director Pendergrass was absent. District Counsel was asked to provide the Board with an opinion on the phrase “unity of ownership” in District Rule 11. The
following comments were directed to the Board during the public hearing on
this item. (1) Robert Greenwood,
representing the Carmel Valley Association, asked for clarification of the
term “site.” (2) John Fisher,
resident of Pacific Grove, agreed that the item should be continued to a
future Board meeting. (3) Eric
Marsh, property owner and Secretary/Treasurer for Las Villas Nogales Home
Owners’ Association, asserted that the association property does meet the
Districts’ requirement for “unity of ownership” because each of the four
homes in the association are individually owned, but the homeowners’
association property is under joint ownership by those four property
owners. He agreed with the suggestion
to continue the item. However, he
asked the Board to consider that the association was not asking for
additional water, it was seeking to conserve water and create water credits
as allowed by the District’s rules and regulations. Director Potter departed from the meeting at approximately 8:45 PM, prior to the hearing on Item 15. Director Lehman made a motion that was seconded by Director Edwards to approve the second reading of Ordinance No. 118, to direct staff to file a Notice of Exemption and develop Implementation Guidelines as outlined in the staff report. The motion was adopted unanimously on a vote of 5 – 0. Directors Edwards, Foy, Lehman, Markey and Knight voted in favor of the motion. Directors Pendergrass and Potter were absent. No public comment was directed to the Board during the public hearing on this item. Director Knight made a motion that was seconded by
Director Lehman to adopt the January through March 2005 Quarterly Water
Supply Strategy and Budget. The motion
was approved unanimously on a vote of 5 – 0.
Directors Edwards, Foy, Lehman, Markey and Knight voted in favor of
the motion. Directors Pendergrass and
Potter were absent. No public comment was directed to the Board during the public hearing on this item. On a motion by Director Foy and second by Director
Lehman, the Board unanimously approved the staff recommendation to upgrade
the District’s conference room to accommodate the Board meetings at a cost
not-to-exceed $30,000. If it is
determined that risers should be installed to improve visibility, the
not-to-exceed cost would be $35,000.
The motion was approved unanimously on a vote of 4 – 0. Directors Foy, Lehman, Knight and Markey
voted in favor of the motion.
Directors Edwards, Pendergrass and Potter were absent. The following comments
were directed to the Board during the public comment period on this
item. (1) John Fisher, resident of Pacific Grove, expressed support for
conducting the meetings at the Monterey City Council Chambers, because it is
conveniently located for the public. (2)
Robert Greenwood agreed with Mr. Fisher’s
remarks. This item was deferred
to the special Board meeting of December 27, 2005. There was no
discussion of the Informational Items/Staff Reports. The
meeting was adjourned at 9:15 PM. |
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CALL TO ORDER/ROLL CALLPLEDGE
OF ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1.
Consider Adoption of Minutes of the November 15,
2004 Regular Board Meeting 2.
Receive and Accept Report on Water Year 2004
Seaside Basin Injection Testing Program 3.
Consider Adoption of Resolution of Appreciation
for Sherron Forsgren Upon Retirement from the District 4.
Authorize Expenditure of Budgeted Funds for
Development of the Public Involvement Component of the Seaside Basin
Groundwater Management Plan 5.
Consider Recommendation to Improve Efficiency in
Production of Certain Informational Staff Reports 6.
Consider Approval of First Quarter Investment
Report 7.
Adopt Treasurer’s Report for the Month of October
2004 PRESENTATIONS 8A. Present
Resolution of Appreciation to Sherron Forsgren 8B. Water Supply Project Alternatives
Update GENERAL
MANAGER’S REPORT 9.
Status
Report on California-American Water Compliance with State Water Resources
Control Board Order 95-10 ATTORNEY’S REPORT
DIRECTORS’ REPORTS
A.
Tehama-Monterra/Cañada Woods Water
Distribution System Committee (Foy and Markey) PUBLIC
HEARINGS
ACTION
ITEMS
INFORMATIONAL
ITEMS/STAFF REPORTS
ADJOURNMENT ___________________________________ David
A. Berger, Secretary to the Board |
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