Exhibit 1-B
MINUTES
Board of Directors
Monterey Peninsula Water
Management District
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The
meeting was called to order at 7:00 PM in the District conference room. Directors
present: Judi
Lehman, Vice Chair – Division 2 Alvin
Edwards – Division 1 Kristi
Markey – Division 3 Michelle
Knight – Division 4 Larry
Foy – Division 5 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors Directors
absent: None General
Manager: Fran Farina District
Counsel: David C. Laredo The
assembly recited the Pledge of Allegiance. Board
Clerk, Arlene Tavani, administered the Oath of Office to Directors Foy,
Knight and Markey. The
following comments were directed to the Board during Oral
Communications. (1) Steven Leonard,
California-American Water Company (Cal-Am), congratulated Directors Foy,
Knight, and Markey on their recent election to the Board of Directors. He pledged Cal-Am’s support in working
with the Board on development of a water supply project. (2) John Fischer, a resident of
Pacific Grove, congratulated Directors Foy, Knight and Markey on their recent
election to the Board of Directors.
He expressed disagreement with a statement made by a Director at a
previous Board meeting that environmentalists should not participate on a
committee that reviews water conservation regulations. (3) Ron Chesshire congratulated
Directors Foy, Knight, and Markey on their recent election to the Board of
Directors. He urged the Board to make
decisions that will benefit the community.
(4) Mitzi Dallas welcomed the recently elected Directors to the
Board. She requested that the Water
Demand Committee and the Board meet as soon as possible and prior to the
January 29, 2004 meeting, to take action to allow processing of requests for water credit transfers across
contiguous lots under the same ownership.
(5) Roy Kaminske, a resident of Carmel Valley, stated that all
conservationists are environmentalists, but not all environmentalists are conservationists. He expressed concern over the District’s
connection charge. Director
Foy thanked all who supported his candidacy, especially his wife, Nancy. He stated that he intends to work with all
interested parties and that the Board will find a new water supply
project. Director Knight stated that
she was looking forward to getting to work.
Director Markey thanked all who supported her candidacy. She noted that speaking with community
members during the campaign was a rewarding experience. Director Potter welcomed the recently
elected Directors. He requested that
Mitzi Dallas’ concern be brought to the Board in a timely manner. Director Pendergrass suggested that the
Board conduct a goal setting workshop within 60 days. Director Edwards congratulated the
recently elected Directors. He
proposed that the Board conduct a goal setting workshop within 30 days. In addition, the Policy and Technical
Advisory committees should meet within 30 days to discuss water credit
transfers and the Pebble Beach Reclaimed Water Project. Vice Chair Lehman welcomed the new
Directors to the Board. She announced
that she would distribute to the Directors a summary of the events and meetings
she participated in during the California Water Policy Conference. She encouraged the Directors to attend
conferences. She also reported on the
dinner held in honor of Director Pendergrass for 25 years of service to the
City of Sand City. On a motion by Director Potter and second by Director Knight, the Consent Calendar was approved unanimously on a vote of 7 – 0. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Approved. The report was deferred to the January 29, 2004
Board meeting due to the illness of Eric Sandoval who was scheduled to give
the presentation. General Manager Farina did not present a report. District Counsel Laredo reported on the 5 PM
Closed Session. He provided a general
briefing to the Directors concerning items listed on the agenda. No votes were taken. There was no reportable action. Approved unanimously on a motion by Director Foy and second by Director Edwards. During the public hearing on this item, David
Dilworth speaking for Helping Our Peninsula’s Environment (HOPE), asked if
river flow had reached the Carmel River Bridge. He also asked what steps would be taken if rainfall is
insufficient to allow reliance on surface water sources. Darby Fuerst, Senior Hydrologist,
responded that Carmel River flow had not yet reached the Carmel River
Bridge. If inflow is less than
expected, a meeting can be called to develop a modified Water Supply Strategy
and Budget. Director Edwards offered a motion to reconsider the November 24, 2003 Action to Adopt the Second Reading Version of Ordinance No. 109. Director Potter seconded the motion. The motion was adopted unanimously on a vote of 7 – 0. The
following persons addressed the Board during the public comment period on
this item. (1) Robert Greenwood, representing the Carmel Valley
Association, wished the Board and staff success in addressing problems before
the District. He suggested that the
Pebble Beach Company consider planting salt tolerant grass as a means to deal
with high salinity levels in reclaimed water. (2) Mark Stilwell, Pebble Beach Company (PBCo) stated
that after investigating the issue, PBCo has determined that planting salt
tolerant grasses is not a feasible solution.
He requested that the Board reconsider adoption of Ordinance No. 109
for reasons outlined in a letter dated December 10, 2003 (on file at the
District office) and stated at the November 17, 2003 Board meeting. He offered to bring an amended ordinance
to the Board in 30 days if staff were authorized to work with PBCo and the
other interested parties on the issues.
(3) George Thatcher, representing Carmel Area Wastewater District
(CAWD) and the Pebble Beach Community Services District (PBCSD). He read a letter dated December 15, 2003
(on file at the District office). He
requested that the Board reconsider adoption of Ordinance No. 109 and direct
staff to work with interested parties on development of amendments to
Ordinance No. 109 and the associated agreements. (4) Mike Boway, General Manager of the Monterey
Peninsula Country Club, speaking on behalf of the Independent Reclaimed Water
Users Group (IRWUG). He referred to a
letter dated December 15, 2003 from IRWUG to the Board of Directors (on file
at the District office). He expressed
agreement with a letter from the PBCo dated December 10, 2003. He requested that the Board consider
adoption of a revised version of Ordinance No. 109 at the January 2004 Board
meeting (5) Jim Nero,
President of the Del Monte Forest Property Owners Association, asked that
sections of Ordinance No. 109 concerning deed restrictions, perpetual access
to water records, measurement of residents water entitlement usage,
enforcement authority and award of attorney fees be deleted so the project
can move ahead. (6) David Dilworth,
HOPE, spoke in support of reconsideration of Ordinance No. 109. He advocated preparation of an EIR on the
ordinance. He charged that the
ordinance promoted social inequality because only persons in the Pebble Beach
area could purchase the water available for allocation. Director Edwards proposed a motion to bring back to the Board at a future date Ordinance No. 109 with supporting CEQA Findings, and that staff should proceed with negotiations to determine major deal points relating to each of the referenced documents prior to incorporating them into the draft ordinance. Director Foy seconded the motion. Director Edwards amended the motion to request that this item come back to the Board in March 2004. Director Foy accepted the amendment, but asked that the item be brought to the Board in February, if possible. The amended motion was adopted on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Markey and Lehman were opposed. The following comments were directed to the Board
during the public comment period on this item. (1) Mark Stilwell,
Executive Vice President, PBCo., voiced a preference for Alternative 1 as
outlined by District Counsel, which was to return Ordinance 109 for approval
with supporting CEQA Findings.
According to Mr. Stilwell, a revised ordinance could be prepared for
the January 2004 Board meeting, and associated agreements could be finalized
within 60 days. He proposed that the
Board could provide direction to staff that evening on issues the interested
parties have raised. He would prefer
to move ahead on redrafting the supplemental agreements, once a revised
version of Ordinance No. 109 is available.
(2) George Thatcher,
representing CAWD and PBCSD, stated that in the process of working with the
interested parties on revisions to Ordinance No. 109, some of the deal points
regarding the supplemental agreements could also be addressed. (3) David Dilworth, HOPE, urged the Board to retain rules in
Ordinance No. 109 that require accountability for use of the entitlement
water. He also recommended against
redefining the concept of “interruption,” noting that the District should
have the authority to declare an interruption in water production from the
facility. Director Pendergrass proposed a
motion to approve the updated schedule, brochure and advertisement for the
General Manager recruitment. Director
Edwards seconded the motion. The
motion was approved unanimously on a vote of 7 – 0. During the public comment period, David Dilworth, representing HOPE, expressed disagreement with the advertisement. He suggested that it should disclose that the District is operating under a declared water supply emergency, that two previous general managers have resigned, and it should describe the potential stresses of the position. Director Knight offered a motion to table this item and bring it back for discussion at the January 29, 2004 meeting. At that time additional information would be presented on: (a) the estimated cost to meet at the Monterey City Council Chambers for one year; (b) an assessment of potential meeting rooms at the Pacific Grove Community Center, Sunset Center, Community Hospital of the Monterey Peninsula, Monterey Peninsula Airport District, and the Monterey Regional Air Pollution Control District. Director Edwards seconded the motion. The motion was approved unanimously on a vote of 7 – 0. The following comments were directed to the Board during the public comment period on this item. (1) Edwin Lee, resident of Carmel, expressed a preference for Monterey City Council Chambers as a future meeting place. (2) Robert Greenwood suggested that the District look into meeting at Carpenter Hall in the Sunset Center. (3) Nancy Isakson spoke in support of conducting future meetings in the Monterey City Council Chambers where the meetings could be videotaped for broadcast on local television stations. (4) Tex Irwin was in favor of meeting at the Monterey City Council Chambers. He stated that the District Conference Room was least suitable of all the proposed Board meeting locations, but it could be improved by seating the Directors on a raised platform. (5) John Fischer, resident of Pacific Grove, expressed support for the Monterey City Council Chambers as a meeting place because broadcasting the meetings would educate the public on the District’s business. (6) Bettina Schiffman urged the Board to consider the Monterey City Council Chambers as a meeting place because it is centrally located. (7) David Dilworth, HOPE, suggested the District investigate potential meeting locations such as the Monterey Peninsula Air Pollution Control District, Monterey Peninsula Airport District, the Pacific Grove Community Center, and Community Hospital of the Monterey Peninsula. Mr. Dilworth expressed agreement with comments made by Nancy Isakson. A motion was made by Director
Potter to implement the following procedure for consideration of pulled
Consent Calendar items. Any item may
be pulled from the Consent Calendar for consideration at the request of a
member of the public, or a member of the Board. Staff would give a brief presentation of the pulled item. The person who made the request to pull
the item would speak briefly to the issue.
The public will be allowed to comment. The item could be deferred to the end of the meeting or to a
future meeting. The motion was
seconded by Director Edwards. The
motion was adopted unanimously on a vote of 7 – 0. The following comments were directed to the Board during the public comment period on this item. (1) David Dilworth, HOPE, stated that pulled Consent Calendar items should be considered immediately after the Consent Calendar is approved. In addition, staff should give a presentation on the pulled Consent Calendar item. (2) John Fischer, a resident of Pacific Grove, noted that during Pacific Grove City Counsel meetings, if a member of the public requests that a Consent Calendar item be pulled, it is considered immediately after the Consent Calendar is adopted. If a Consent Calendar item is pulled by a Council member, the item is deferred to the end of the meeting. (3) Nancy Isakson expressed support for the procedure outlined by John Fischer. (4) Ed Lee expressed support for the procedure outlined by John Fischer. Director Edwards proposed a motion
to refer this issue to the Water Demand Committee for discussion in January,
so the full Board could consider the item in February 2004. Director Foy
seconded the motion and offered an amendment that was accepted by Director
Edwards, to request that the Water Demand Committee consider establishment of
a “grandfather” clause whenever a policy is changed. The motion was adopted on a vote of 6 –
1. Directors Edwards, Foy, Knight,
Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed. Director Pendergrass offered a
substitute motion, that District staff continue to process applications as
they had prior to direction from the Water Demand Committee until the Board
of Directors decides to change the process.
Director Knight seconded the motion.
The motion failed on a vote of 1 – 6. Director Pendergrass voted in favor of the motion. Directors Edwards, Foy, Knight, Lehman,
Markey and Potter were opposed. The following comments were directed to the Board during the public comment period on this item. (1) Jay Auburn, representing Carver and Schicketanz Architects, stated that applications should be processed according to the rules in effect when the application is submitted. (2) David Dilworth, HOPE, urged the Board to change the measurement of water used from fixture units to actual water use. He noted that the Board should be concerned about how the public perceives an action taken by a committee to change District procedures without obtaining Board concurrence. (3) John Fischer suggested that if the Board were to continue utilization of the fixture-unit method, then actual water use going in and coming out should be measured. (4) Tex Irwin urged the Board to use the simple method of measuring water use in gallons. Director Potter proposed a motion that was seconded by Director Knight, to adopt the Findings of Approval and refer Resolution 2001-09 to the Water Demand Committee for review and clarification. The motion was approved by the Board on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in support of the motion. Directors Lehman and Markey voted in opposition to the motion. During the public comment period on this item, Gregory Hanlon addressed the Board. He asked that the Board not reconsider the decision made on November 24, 2003 to grant his appeal. Mr. Hanlon reported that sentences 4 and 5 on page 141 of the staff report on this item state that when the Board granted the appeal, no finding was made indicating that the situation was unique. According to Mr. Hanlon, that statement contradicts Finding Nos. 8 and 9 in the Findings of Approval, which state that unique circumstances exist to grant the appeal. No action taken. Director Markey offered
a motion to table this item and bring it back for consideration at the
January 29, 2004 Board meeting.
Director Knight seconded the motion. Director Markey proposed
an amendment, to bring the issue back for consideration after the hydrology
report is completed, which is anticipated to be on or before March 2004. Director Knight accepted the
amendment. The motion was adopted
unanimously on a vote of 7 – 0. During the public comment period on this item, the following persons addressed the Board. (1) Edwin Lee, resident of Carmel, urged the Board to submit the Draft EIR to the Public Utilities Commission and Cal-Am for use in their preparation of an EIR on the proposed Moss Landing desalination project. He stated that the District should not spend more money on studies of the Sand City desalination site until an EIR on the Moss Landing desalination plant is completed. (2) Tex Irwin, representing the Monterey Peninsula Airport District, suggested that the Board delay action on the EIR until aquifer-testing reports are received. (3) Robert Greenwood, representing the Carmel Valley Association, read a letter dated December 15, 2003 that is on file at the District office. He recommended that the Directors receive the Board review draft EIR and proceed to develop the draft EIR on the Sand City desalination project. He asked that the Board review draft EIR be circulated as a draft EIR. Also, that the 11,000 AFA desalination project should be analyzed, followed by circulation of a second draft EIR in mid-2004. (3) David Dilworth, HOPE, requested that the EIR be provided to local libraries for public review, and that the entire document be placed on the District’s web site. Director Lehman offered a motion
that was seconded by Director Foy to nominate Director Edwards to the
position of Chair. The motion was
adopted unanimously on a vote of 7 – 0. Director Pendergrass proposed a motion
to nominate Director Potter to the position of Vice Chair. Director Potter declined the nomination. Director Edwards nominated Director
Foy for the position of Vice Chair.
Director Knight seconded the nomination. Director Markey nominated Director
Lehman to the position of Vice Chair.
Director Lehman seconded the nomination. Director Foy was elected to the
position of Vice Chair on a vote of 5 – 2.
Directors Edwards, Foy, Knight, Pendergrass, and Potter cast votes for
Director Foy. Directors Lehman and
Markey cast votes in favor of Director Lehman. On a motion by Director Knight and seconded by
Director Markey, Fran Farina was elected to the position of Secretary to the
Board, and Rick Dickhaut was elected to the position of Treasurer. The motion was approved unanimously on a
vote of 7 – 0. No public comment was received on this item.
The Board did not discuss these items. The meeting was adjourned at 10:55 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE
OF ALLEGIANCE ADMINISTER
OATH OF OFFICE TO KRISTI MARKEY, DIVISION 3; MICHELLE KNIGHT, DIVISION 4; AND
LARRY FOY, DIVISION 5 ORAL
COMMUNICATIONS BOARD
COMMENTS AND REFERRALS CONSENT CALENDAR 1.
Consider Approval of Minutes of the Regular Board
Meeting of November 17, 2003 and the Special Board Meeting of November 24,
2003 2.
Approve Amendment to Contract with IDIAS Consulting to Assist with
Water Distribution System Permit Processing 3.
Authorize Funds for 2004 Seaside Basin Injection Testing Program CONSENT CALENDAR4.
Consider Contribution to California Special Districts Association
LOCAL Effort 5.
Consider Funding for Staff Security and Safety Training 6.
Receive Independent Auditors’ Report for Fiscal Year 2002-2003 7.
Consider Approval of First Quarter Investment Report 8.
Consider Adoption of Findings of Approval for Appeal of General
Manager’s Decision to Deny a Water Use Credit for an Outdoor Spa Pursuant to
MPWMD Resolution 2001-09 – Gregory Hanlon, 672 Van Buren Circle, Monterey –
APN 001-511-018 – This item has been taken off the Consent Agenda. Please see Action Item 17-B-1 9.
Consider Approval of Contract with Labor Negotiator 10.
Consider Adoption of Treasurer’s Report for October 2003 PRESENTATIONS11. Geographic Information System Program Update GENERAL MANAGER’S REPORT REPORT FROM DISTRICT COUNSEL ON
CLOSED SESSION
PUBLIC HEARING
ACTION ITEMS 13.
A. Request by Director
Edwards to Reconsider November 24, 2003 Action to Adopt the Second Reading
Version of Ordinance No. 109 – Financing and Expansion of the Carmel Area
Wastewater District (CAWD) Pebble Beach Community Services District (BPCSD)
Recycled Water Project ACTION ITEMS13. B Provide Direction on Process for Reconsideration of Ordinance No. 109 14. Consider
Approval of Schedule, Brochure and Advertisement for Recruitment of General
Manager ACTION ITEMS 15. Consider
New Board Meeting Location 16. Discussion
of Director Potter’s Concern Regarding Pulled Consent Calendar Items ACTION
ITEMS 16. Discussion of Director Potter’s Concern
Regarding Pulled Consent Calendar Items 17. Water
Demand Management A.
Discuss Director Pendergrass’ Request for
Clarification of October 23, 2003 Letter to the Jurisdictions Regarding
Implementation of Ordinance No. 98 as it Applies to Master Bathroom Additions ACTION
ITEMS 17. Water Demand
Management B-1. Consider
Findings of Approval for Appeal of General Manager’s Decision to Deny a Water
Use Credit for an Outdoor Spa Pursuant to MPWMD Resolution 2001-09 – Gregory
Hanlon, 672 Van Buren Circle, Monterey B-2. Provide Direction to Staff on
Processing Similar Requests for Credit 18. Receive Draft EIR on MPWMD Water Supply
Project/Schedule Public Hearing 19. Consider
Nominations for Board Chair and Vice-Chair for 2004 and Conduct Elections for
Board Officers INFORMATIONAL ITEMS 20. Letters
Received 21. Committee
Reports 22. Strategic
Planning Initiatives progress Report 23. Report
on First Quarter Financial Activity for Fiscal Year 2003-2004 24. Water
Supply Project Status Report 25. Carmel
River Fishery Report 26. Water
Conservation Program Report 27. Water
Use Credit Transfer Status Report 28. Monthly
Allocation Report 29. Monthly
Cal-Am Sales Report 30. Monthly
Cal-Am Production Report 31. Production
Report – CAWD/PBCSD Wastewater Reclamation Project 32. Monthly
Water Supply Status Report ADJOURNMENT |
______________________________
Fran Farina, Secretary to the Board
U:\staff\word\boardpacket\2004\2004boardpacket\20040129\ConsentCalendar\01\item1_exh1b.doc