112000

ITEM: VI PUBLIC HEARINGS

REQUEST TO RECONSIDER OCTOBER 26, 2000 DENIAL OF APPLICATION TO CREATE MONTEREY BAY SHORES WATER DISTRIBUTION SYSTEM

Meeting Date: November 20, 2000

Staff Contact: Henrietta Stern

General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

Budgeted: N/A
Program/Line Item No.: N/A
Cost Estimate: N/A

SUMMARY: At its October 26, 2000 meeting, the Board voted 4-3 to deny the application to create the Monterey Bay Shores (MBS) water distribution system. The four Board members who voted for denial included Directors Erickson, Henson, Lindstrom, and Potter. A formal request to place this item on the agenda has been submitted by Director Edwards (Exhibit 1) pursuant to District Meeting Rules #12 and #23. Only a Board member who voted on the prevailing side on October 26, 2000 may make a motion for reconsideration. If the motion for reconsideration is approved, then the previous action on October 26, 2000 would be nullified. The public hearing would resume at the point at which the last vote on October 26, 2000 was taken, with the public comment closed. The Board could, following a motion and second, vote again on the application to create the MBS water distribution system. Alternatively, the Board could reopen the hearing to receive public comment before voting again or could continue the matter to a future meeting.

Materials from the October 26, 2000 meeting were provided to the Board under separate cover and are available for review at the District office. The District website www.mpwmd.dst.ca.us also has information for the public hearings of October 26, 2000.

RECOMMENDATION: Staff is not aware of any significant new information since the October 26, 2000 hearing. Staff provided three decision options for the Board at the October 26, 2000 meeting.

BACKGROUND: The MBS water distribution system application was addressed in October 1999, September 2000, and October 2000. Please refer to the September and October 2000 Board information materials for an extensive background information.

DISCUSSION/ANALYSIS: District Meeting Rule 23, Reconsideration, states:

At the meeting succeeding that on which a final vote on any question has been taken, said vote may be reconsidered on the motion of a member of the Board who voted on the prevailing side. A motion to reconsider shall be in order only if that item had been timely placed on that agenda. It shall not be in order for any member to move a reconsideration at the meeting at which such final vote was taken. Said motion of reconsideration shall have precedence over every other motion.

It is notable that any member of the Board can request that an item be placed on the agenda, but only a member of the prevailing side can make a motion for reconsideration.

PRIOR BOARD ACTION: The Board considered the MBS application on October 18, 1999, and denied the application without prejudice. The Board denied a second application to create the MBS water distribution system at its October 26, 2000 meeting on a 4-3 vote.

IMPACT ON STAFF/RESOURCES: There are no impacts from reconsideration itself. Staff is currently developing Findings of Denial pursuant to Board direction on October 26, 2000 (see related agenda item IV-L).

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