Exhibit 1-A
DRAFT MINUTES
Regular Meeting
Monterey Peninsula Water
Management District
The
meeting was called to order at 7 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 Dave
Potter – Monterey County Board of Supervisors Board
members absent: None District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. The
following comments were directed to the Board during Oral
Communications. (1) David Caneer requested
that the Board make a determination on the amount of water credit that should
be received for removal of a darkroom sink.
(2) John Fischer advised the Board that the Monterey Bay Marine
Sanctuary has formed a Desalination Working Group that is developing
guidelines on development of desalination projects for the Sanctuary Advisory
Group. The recommendations will be
submitted to the California Coastal Commission, and then be presented to the
Department of Water Resources. (3)
David Dilworth requested that all interagency meetings be open to the
public. He also requested that the
Board take a position on the issue of fluoridation of the municipal water
supply. (4) Tex Irwin read a statement that is on file at the
District office. In the letter he
commented on the November 7, 1995 public vote on the New Los Padres Dam and
Reservoir Project; the 2002 Monterey County Grand Jury Report; and the cost
to produce potable water from desalination plants at sites in Sand City,
Marina and Moss Landing. On a motion by Director Erickson and second by Director
Lehman, the Board approved the Consent Calendar items but deferred for
separate consideration item 4, Consider Response to 2002 Monterey County
Grand Jury Report. The motion was
approved on a vote of 7 - 0.
Directors Edwards, Erickson, Henson, Lehman, Lindstrom, Pendergrass and
Potter voted in favor of the motion.
Director Potter abstained from voting on item 1, Consider Approval of
Minutes from the Regular Board Meeting of February 27, 2003. Approved on a vote of 6 – 1. Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Pendergrass voted in favor of adoption of the minutes with the following amendment: on page 4 of the minutes, paragraph 2, add a sentence stating that “no action was taken on this motion.” Director Potter abstained from voting on this item. Approved. Approved. Director Potter offered a motion to defer this item to the March 27, 2003 Board meeting and to include a section in the letter on fluoridation. The motion was approved on a motion of 6 to 1. Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Potter. Director Pendergrass voted against the motion. Approved. General
Manager Avila reported that sufficient flow was present in the Carmel River
to allow the District to operate the Pilot Seaside Basin Injection/Recovery Project. District
General Counsel Laredo reported that the Board reviewed two items of existing
litigation as listed on the agenda, and that no reportable action was
taken. The Board also reviewed two
items of anticipated litigation and provided direction to staff, but no
reportable action was taken. The Board
also considered employment of the General Manager. The Directors accepted the resignation of
Ernesto A. Avila; requested that Mr. Avila be available as a District
employee during regular office house (8 AM to 5 PM) for the remaining 30 days
as required by his employment contract;
and agreed that during this period the District will not pay for any
of Mr. Avila’s non-salary compensation or expenses. The motion was approved on a vote of 6 –
0. Director Potter was absent. No
other reportable action was taken at the meeting. Director
Erickson requested that District staff provide her with an update on the
water permit issue raised by Mr. Caneer during Oral Communications. Director Potter commented on the
resignation of General Manager Avila.
He stated that the District lost a professional who has taken the
agency through difficult times.
Director Potter expressed hope that Mr. Avila would be more fortunate
in his next business venture. Director Edwards proposed a motion to delete finding No. 5 from the ordinance. Director Pendergrass seconded the motion. The motion failed on a vote of 4 – 3. Directors Erickson, Henson, Hughes and Lindstrom voted against the motion. Directors Pendergrass, Edwards and Potter voted in favor of the motion. Director Potter offered a motion that was seconded by Director Edwards to adopt the first reading of Ordinance No. 107. The motion was approved unanimously on a vote of 7 – 0. Director Erickson offered a motion that was seconded by Director Lindstrom to proceed in concept with preparation of an EIR that will be focused on water supply impacts. She proposed that a subcommittee made up of Directors Henson and Lindstrom negotiate a revised scope of work and cost estimate. The scope of work should be modified to reduce the reliance on work performed by District staff, and the definition of affordable or workforce housing should be defined. The subcommittee could approve the contract, and it would come back to the Board for ratification. The motion was approved on a vote of 4 to 3. Directors Erickson, Henson, Lehman and Lindstrom voted in favor of the motion. Directors Pendergrass, Potter and Edwards voted in opposition to the motion. The
following comments were received during the public hearing on this item. (1) Robert Greenwood, representing
the Carmel Valley Association, stated that the cost to produce the EIR might
have been lower if the project had been open to the public bid process. He noted that the delay caused by sending
out a request for proposals on preparation of the EIR might have been offset
by a reduction in the cost for preparation of the EIR. (2) Larry Seaman, speaking for the
City of Seaside, advised the Board that a city can only award a sole source
contract in order to respond to a public health or safety emergency, or if
only one consultant is qualified to complete a project. He suggested that District Counsel could be
directed to address this issue. (3)
Tex Irwin expressed support for preparation of the EIR. He advised the Board that the Monterey
County General Plan contains five classifications for the term “affordable
housing.” He urged the Board to amend
the District’s definition of affordable housing so that it is in keeping with
the County of Monterey’s definitions. (4)
David Dilworth expressed support for preparation of an EIR. He stated a
preference for the definition of affordable housing that is contained
in Rule 11 of the District’s Rules and Regulations. (5) Lou Haddad suggested that this
item be deferred to the April 21, 2003 Board meeting. According to Mr. Haddad, if Ordinance No.
107 were to be adopted upon second reading in April, there would be no need
to prepare the proposed EIR. On a motion by Director Pendergrass and second by Director Edwards, the April through June 2003 Quarterly Water Supply Strategy and Budget was approved unanimously, on a vote of 7 – 0. During
the public hearing on this item, Robert Greenwood asked staff to identify the
undesirable constituent found in water produced from the San Carlos Well that
caused Cal-Am to shut down the well.
Darby Forest, Senior Hydrologist, identified the constituent as a
diatom. Director
Erickson offered a motion that was seconded by Director Lindstrom to request
that JSA identify another party to
review the report. Director Erickson
later withdrew the motion. Director Erickson offered a motion that was seconded by Director Lindstrom that the Board: (a) is opposed to the joint representation agreement with Ellison, Schneider and Harris and does not have confidence in the attorney chosen to review the ordinances; (b) that JSA proceed with completion of the groundwater basin management tasks it has contracted for; and (c) review of the interim ordinances may be undertaken by another, as yet, unidentified attorney. The motion was adopted unanimously on a vote of 7 – 0. During
the public comment period on this item, David Dilworth stated that a
potential conflict of interest could exist, based on Ellison, Schneider and
Harris’ involvement with Rancho San Carlos.
Director Potter offered a motion that was seconded by Director Edwards to approve the staff recommendation to contract with IDias Consulting for a not-to-exceed amount of $51,000. The motion was approved on a vote of 5 – 2. Directors Erickson, Edwards, Henson, Lehman and Potter voted in favor of the motion. Directors Lindstrom and Pendergrass voted in opposition to the motion. No
public comment was directed to the Board on this item. No
action was taken on this item. There
was no discussion of the Informational Items/Staff Reports. The
meeting was adjourned at 9:00 PM. |
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CALL TO ORDER/ROLL CALLPLEDGE OF ALLEGIANCEORAL COMMUNICTIONSCONSENT CALENDAR1. Consider Approval of Minutes from the Regular Board Meeting of February 27, 2003 2. Consider Authorization to Purchase Replacement Vehicle 3. Approve Expenditure of Mitigation Funds to Purchase a Standby Replacement Coldwell Pump (P3/4) for the Sleepy Hollow Steelhead Rearing Facility 4. Consider Response to 2002 Monterey County Grand Jury Report 5. Consider Adoption of Treasurer’s Report for January 2003 GENERAL MANAGER’S REPORT ATTORNEY’S REPORT 6. Report on 5 PM Closed Session of March 17, 2003 DIRECTORS’ REPORTS 7. Board Comments and Referrals PUBLIC HEARINGS 8. Consider First Reading of Ordinance No. 107 – Rescinding Ordinance No. 102 and Reinstating Rule 28, Water Use Credit Transfers – and Discussion of Process and Substance Relating to Subsequent Ordinances Concerning Water Use Credit Transfers 9. Approve Scope of Work and Authorize Contract with Sole Source Preparer for Completion of an EIR on a Water Credit Transfer Program 10. Consider Adoption of April through June 2003 Quarterly Water Supply Strategy and Budget 11. Consider Execution of Representation Agreement with Ellison, Schneider and Harris for Development of Seaside Basin Management Ordinances 12. Consider Authorization of Contract with Consultant to Assist with Water Distribution System Permit Processing Associated with Ordinance No. 105 12.A Appointment of Interim General Manager INFORMATIONAL ITEMS/STAFF REPORTS 13. Letters Received 14. Committee Reports 15. Strategic Planning Initiatives Progress Report 16. Monthly Water Supply Project Status Report 17. Carmel River Fishery Report 18. Water Conservation Program Report 19. Water Use Credit Transfer Status Report 20. Monthly Allocation Report 21. Monthly Cal-Am Sales Report 22. Monthly Cal-Am Production Report 23. Production Report – CAWD/PBCSD Wastewater Reclamation Project 24. Monthly Water Supply Status Report ADJOURNMENT |
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Fran Farina, Secretary to the Board
U:\staff\word\boardpacket\2003\2003boardpacket\20030421\ConsentCalendar\1\item1_exh1a.doc