FINAL MINUTES Special Meeting Board of Directors Monterey Peninsula Water Management District March 31, 2005

The meeting was called to order at 7 PM in the Board Room in the offices of the Monterey Regional Water Pollution Control Agency. Directors present: Larry Foy, Chair – Division 5 Kristi Markey, Vice Chair – Division 3 Alvin Edwards – Division 1 Judi Lehman – Division 2 David Pendergrass – Mayoral Representative David Potter – Monterey County Board of Supervisors (Arrived at 7:10 PM) Directors absent: Michelle Knight – Division 4 General Manager present: David A. Berger District Counsel present: David C. Laredo The assembly recited the Pledge of Allegiance. No comments. Director Potter made a motion that was seconded by Director Edwards, to adopt the staff recommendation that includes the following tasks. (1) Define a geographic planning area or region for purposes of developing the Integrated Regional Water Management Plans (IRWMP) that would include areas under the jurisdictions of Monterey County Water Resources Agency MCWRA, Pajaro Valley Water Management Agency (PVWMA), and the MPWMD. (2) Participate with the Association of Monterey Bay Area Governments (AMBAG), MCWRA, PVWMA, and others in developing an IRWMP and a Proposition 50 planning grant. (3) Pursue alternatives to forming a three-agency regional planning area as described in the staff report. (4) Apply for one or more Proposition 50 implementation grants for the Aquifer Storage and Recovery Phase I project and other projects, as described in the staff report. The motion was approved unanimously on a vote of 6 – 0. Director Knight was absent. During the public comment period on this item, John Fischer suggested that the District contact representatives from local jurisdictions regarding this regional effort. He reported that the jurisdictions are working with the Regional Water Quality Control Board regarding stormwater management plans. They may be interested in joining this effort to seek Proposition 50 funds. Chair Foy appointed Directors Potter and Pendergrass to an ad-hoc legislative committee charged to confer with Assemblypersons John Laird and Simon Salinas regarding AB1421. The committee was directed to come back to the Board at the April 18, 2005 meeting with a recommendation on how to address the legislative effort. The Directors expressed unanimous support for establishment of the ad-hoc legislative committee. Director Knight was absent from the meeting. A summary of the Board discussion on this item follows. Director Markey suggested that the last sentence in paragraph 1 be amended to state that the “project” be defined to make it clear that the legislation applies to only new water allocations, and not water intended to replace the 10,730 acre-feet of illegally pumped water as required by SWRCB Order 95-10. Director Pendergrass suggested that paragraph 2 of the letter be amended to include text that he submitted that evening. The text emphasized each jurisdiction’s authority over land-use decisions and how water will be appropriated within their boundaries. Also that HCD approved housing element plans mandate the percentage of affordable housing that must be met by each county and municipality. Other concerns and comments expressed by individual Directors are as follows. (1) Why are the limits established only within the Monterey Peninsula Water Management District, when a regional water supply project would impact areas beyond the District? (2) The legislation should be amended to specify that once the requirements of SWRCB Order 95-10 are met, then the next 750 acre-feet of “new” water should be set aside for affordable housing. (3) This legislation is an effort to protect the public at large so all water from a regional water solution will not be allocated to economic development. The legislation should state clearly that a specific amount of water will be set aside for affordable housing, and the regional project will also provide water for other needs. (4) The legislation should not specify that 750 acre-feet be set aside for affordable housing. It should specify that 1,300 acre-feet of water would be allocated to legal lots of record. That would include enough water for affordable housing. (5) The Technical Advisory Committee members will refine their estimates of water needed for future affordable housing projects and submit them to the District. At this time there is no basis for the 750 acre-feet set-aside for affordable housing. (6) As currently written, this legislation may restrict new water sources for development of public benefit projects like hospitals or schools. During the public comment period on this item, John Fischer, a resident of Pacific Grove, addressed the Board. He expressed a concern about how the responsibility for utilizing 750 acre-feet of water for affordable housing would be shared by the jurisdictions. The legislation does not specify what proportion of the 750 acre-feet of water each jurisdiction would receive. He urged the Board to find out what Assemblyperson Laird is trying to accomplish with this legislation. The meeting was adjourned at 8:25 PM.

CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS ACTION ITEMS 1. Provide Policy Direction Regarding Proposition 50 Grant Applications 2. Receive Staff Analysis of AB 1421 and Authorize Comment Letter be Sent to Assembly Members Laird and Salinas ADJOURNMENT

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David A. Berger, Secretary to the Board

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