EXHIBIT 1-A |
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DRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District May 17, 2004 |
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The
meeting was called to order at 7:08 PM in the Monterey City Council Chambers. Directors present: Alvin
Edwards, Chair – Division 1 Larry
Foy, Vice Chair – Division 5 Judi
Lehman – Division 2 Kristi
Markey – Division 3 Michelle
Knight – Division 4 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors (arrived at 7:30 PM) Directors absent: None General Manager present: Fran
Farina 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 Dilworth,
representing Helping Our Peninsula’s Environment (HOPE), read an undated
letter now on file at the District office.
He requested that the May 27, 2004 Special Board meeting scheduled for
discussion of Ordinance No. 109 be conducted at the Monterey City Council
Chambers so the meeting can be televised.
According to Mr. Dilworth, an EIR should be prepared on Ordinance No.
109. (2) Sheryl McKenzie,
Government Affairs Director for the Monterey County Association of Realtors
(MCAR), submitted a letter dated April 28, 2004 that was signed by
Jean Manner Schwimmer, President of the MCAR. She thanked the Board for voting to reinstate the credits for
the micro-flush toilets and for clarifying amendments to two ordinances that
allow for some flexibility for residential property owners. She requested that Ordinance No. 60 be
amended to eliminate a requirement that water credits expire after 10
years. (3) Lorna Torkos, a
resident of Pacific Grove, requested that District staff review the water
permit for the proposed Pacific Grove Golf Course Club House and ensure that
the amount of water requested for the project is equal to the capacity of the
building. On a motion by Director Knight and second by Director Lehman, the Consent Calendar was approved on a vote of 6 – 0, except for Item 1 that was pulled for separate consideration. Director Potter was not present for the vote on this item. On a motion by Director Knight and second by Director Lehman, minutes presented in the Board packet were approved, along with revisions to page 2 of the April 22, 2004 Board meeting minutes that were submitted by staff (on file at the District office). The minutes were approved on a vote of 6 – 0. Director Potter was not present for the vote on this item. Approved. Approved. Approved. Approved. Joe
Oliver, Water Resources Manager, presented the Status Report. An outline of his presentation is on file
at the District office. He reported
that the District has injected 1,100 acre-feet of excess water from the
Carmel River into the coastal area of the Seaside Basin. In 2003, 440 acre-feet of water were
recovered and supplied to the California American Water (Cal-Am) system for
customer use. The District has
applied for permanent water rights for a long-term aquifer storage and
recovery (ASR) project and is waiting on action by the State Water Resources
Control Board (SWRCB). Staff is also
developing plans and cost estimates for a second injection well. In addition, staff is coordinating with
Cal-Am on ASR options as part of the proposed Coastal Water Project. Director Potter arrived at 7:30 PM. District
Counsel Laredo reported that on April 28, 2004, the Board met in closed
session to provide direction on recruitment of a General Manager. On May 3, 2004 the Board met again on
recruitment issues; conducted a conference with labor negotiators on employee
contract issues; and reviewed pending litigation on California-American Water
versus the City of Seaside, Monterey Superior Court Case No. M66343. On May 17, 2004 the District met again to
discuss recruitment issues; conduct a conference with labor negotiators on
employee contract issues; and reviewed pending litigation on
California-American Water versus the City of Seaside, Monterey Superior Court
Case No. M66443. At
the request of Chair Edwards, Andy Bell, the District’s Planning and
Engineering Manager/District Engineer, reported on the upcoming one-day
workshop on desalination sponsored by Association of Monterey Bay Area
Governments. The workshop is set for
May 20, 2004 at the Monterey Beach Hotel. Director
Foy reported that he attended a one-day conference sponsored by the Public
Officials for Water and Environmental Reform. The conference was titled Environmental Justice Framework for
California Water and Desalination. Director
Markey requested that the May 27, 2004 public hearing on the second reading
of Ordinance No. 109 be rescheduled to the June 21, 2004 Board meeting. The change would address concerns
expressed by David Dilworth about access to the public hearing, and could
signal an end to the scheduling of special Board meetings. The
Board discussed the draft budget and provided comments to staff. A revised draft budget will be presented
at the June 21, 2004 Board meeting that incorporates the Directors’
comments. No action was taken on this
item. The
following comments were directed to the Board during the public hearing on
this item. (1) Robert Greenwood
noted that one of the charts included in the presentation indicated the
occurrence of several thousand-acre feet of illegal pumping. He asked if anything could be done to stop
the illegal pumping. (2) David
Dilworth, representing HOPE, recommended that funding for preparation of
an update to the Allocation Program EIR and preparation of an EIR on a
desalination project in Sand City should remain in the budget. He supported the idea of establishing a
Water Distribution System Fee of $80 per acre-foot. (3) John Fischer, a resident of Pacific Grove, asked
how projects that are being deferred would be funded in future years. On a motion by Director Pendergrass and second by Director Knight, the Board unanimously received the Water Supply Forecast for May 1, 2004 through September 30, 2005 on a vote of 7 – 0. Darby
Fuerst, Senior Hydrologist, advised the Board that an error appeared on page
103 of the Board packet. Usable
storage in the Monterey Peninsula Water Resources System was cited as 97
percent of maximum capacity, but that number is actually 83 percent of
maximum capacity. He reported that
usable water storage is sufficient to meet projected water demand through the
end of Water Year 2005; therefore, mandatory water use restrictions are not
required at this time. However,
regulatory limits established in SWRCB Order 95-10 must be met. If Cal-Am water production from the Carmel
River basin exceeds the May 2004 year-to-date water use projections, water
users in the Monterey Peninsula Water Resources System will be subject to
Stage 3 water use restrictions established by the Expanded Water Conservation
and Standby Rationing Plan. The
following comments were directed to the Board during the public hearing on
this item. (1) John Fischer, a
resident of Pacific Grove, warned that the community is “in trouble” if water
use is not reduced to the legal limit.
(2) Steven Leonard, representing Cal-Am, stated that his staff
has met with District representatives regarding the increase in water
use. He noted that water production
is 15 percent above the normal level for the month of May. According to Mr. Leonard, local golf
courses have contributed to the increased water use due to the recent
flushing of golf course greens. (3)
David Dilworth, representing HOPE, attributed high water use to the 8,000
water permits that have been issued since 1977, including 3 water permits for
golf courses. He asked how many water
permits had been issued in the month of May and since January 1, 2004. Director Potter made a motion to adopt the amended
Implementation Guidelines as presented in the staff report. Director Lehman seconded the motion. Director Markey suggested that language of the proposed amendment be modified further to state: “either (a) be reported to the General Manager on the Form for Disclosure of Ex Parte Communication, which shall remain part of the public packet at the hearing, or (b) be disclosed orally on the record of the proceeding, which shall be recorded in the minutes.” Director Potter accepted the amended language. The amended motion was approved on a vote of 5 – 2. Directors Edwards, Knight, Lehman, Markey and Potter voted in favor of the motion. Directors Foy and Pendergrass were opposed. The
following comments were directed to the Board during the public hearing on
this item. (1) David Dilworth,
representing HOPE, suggested that any disclosure made by a Director at the
Board meeting should be recorded in the minutes of the meeting, and that any
written disclosure or communications should be included in the Board packet
or be made available at a public meeting.
(2) Robert Greenwood agreed that any disclosure made by a
Director at the Board meeting should be recorded in the minutes of the
meeting. Director Potter made a motion to approve the recommendation of the Rules and Regulations Committee that Ordinance No. 112 should not be adopted upon second reading. Director Markey seconded the motion, and it was approved on a vote of 5 to 2. Directors Edwards, Knight, Lehman, Markey and Potter voted in favor of the motion. Directors Foy and Pendergrass were opposed. The
following comments were directed to the Board during the public hearing on
this item. (1) David Dilworth,
representing HOPE, expressed opposition to adoption of the ordinance. (2) John Fischer spoke in opposition to
adoption of Ordinance No. 112. On a motion by Director Knight and second by Director Lehman, the second reading version of Ordinance No. 114 was adopted unanimously on a vote of 7 – 0. No
public comment was directed to the Board during the public hearing on this
item. Director Potter offered a
motion to: (a) delete section 5.C.2. of the ordinance that requires ownership
of a site for 24 months; (b) adopt the amended ordinance; and (c) refer the
ordinance to the Water Demand Committee and request that the committee
develop language that addresses the reuse of saved water for redevelopment
projects to ensure that they can move forward without the 24-month ownership
requirement. The amended version of
the ordinance would be presented for Board consideration. Director Knight seconded the motion. Director Markey offered an amendment to adopt the
ordinance as presented and refer it to the Water Demand Committee to consider
whether changes should be made to address the issue of redevelopment
projects. There was no second to the
amending motion. The original motion was
approved on a vote of 5 – 2.
Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor
of the motion. Directors Lehman and
Markey were opposed. During
the public hearing on this item the following comments were directed to the
Board. (1) David Dilworth,
representing HOPE, recommended that Rule 25.5 C.2 should specify that the
site must have been under current ownership for at least 5 to 10 years. (2) Kelly Morgan, representing the
City of Sand City, expressed concern that the 24-month provision in Rule 25.5
C.2 would prevent the construction of redevelopment projects. (3) Thomas Jamison, representing DBO
Development Company, spoke in support of comments made by Kelly Morgan. He also presented two graphics that
depicted urban redevelopment areas in Sand City (on file at the District
office). He noted that it could take
several years to assemble a group of parcels for a redevelopment project, and
that ownership of those properties often changes late in the planning process. On a motion by Director Knight and second by Director Markey, the Board voted unanimously to adopt the Water Demand Committee recommendation that no changes should be made to Ordinance No. 104 at this time. The motion was adopted on a vote of 7 – 0. During
the public comment period on this item, David Dilworth, representing HOPE,
expressed support for the staff recommendation that no changes should be made
to Ordinance No. 104. Director Pendergrass made a motion to approve the
recommendation of the Water Demand Committee to complete an Initial Study on
Draft Ordinance No. 117 and bring the ordinance forward for first reading at
the June 21, 2004 Board meeting.
Director Foy seconded the motion.
Director Markey offered an amendment to: (a) add a
statement on page 172 before items 9.c and d that reads, “water transfers
would not be approved if they have an adverse effect on the water supply.”;
(b) revise the conservation set-aside figure from 15 percent to 35 or 50
percent; and (c) specify that if an illegal transfer of money was associated
with a water credit transfer, the transfer would be revoked and permanently
lost to the donor and receiving sites, and the transfer would be applied
towards permanent conservation savings.
There was no second to the motion. The original motion was approved on a vote of 5 –
2. Directors Edwards, Foy, Knight,
Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed. The
following comments were directed to the Board during the public comment
period on this item. (1) Robert
Greenwood, representing the Carmel Valley Association, expressed support
for the proposed modifications. He
commended the District for developing a rule that would base water credit
transfers on actual water use, and would establish monitoring of water use on
donor and receiving sites for at least five years. (2) David Dilworth, representing HOPE, was skeptical
about the District’s assertion that water credit transfers result in reduced
water use. He recommended that any
water use credit transfer should exhibit an actual reduction in water use. There
was no Board discussion of the Information Items. The
meeting was adjourned at 10:30 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1.
Consider Adoption of Minutes of the March 31, 2004 Board Workshop, 7
PM Session; April 19, 2004 Regular Board Meeting; and April 22, 2004 Special
Board Meeting 2.
Consider Authorization of Contract with Accounting Firm to Conduct
Annual Audits for Fiscal Years 2003-2004, 2004-2005 & 2005-2006 3.
Consider Approval of Annual Memorandum of Agreement for Releases and
Diversions from San Clemente Reservoir 4.
Authorize Chair to Write Letter of Support for AB 2918 (Laird) –
Desalination Utility Rates 5.
Consider Adoption of Treasurer’s Report for March 2004 GENERAL MANAGER’S REPORT6.
Status Report on Seaside Basin Management Plan and ASR ATTORNEY’S REPORT 7.
Report on Closed Sessions of April 28, May 3 and May 17, 2004 DIRECTORS’
REPORTS 8.
Board Comments and Referrals PUBLIC
HEARINGS 9.
Consider Draft FY 2004-2005 MPWMD Budget 10.
Receive Water Supply Forecast for Period of May 1, 2004 – September
30, 2005 11.
Consider Amendment of Implementation Guidelines for Disclosure of Ex
Parte Communications to Enable Board Members to Orally Report Ex Parte
Contacts 12.
Consider Second Reading of Ordinance No. 112 (Continued from April
19, 2004) – Rescinding Rules Requiring Disclosure of Ex Parte Communications
and Repealing Penalties and Remedies for Non-Disclosure 13.
Consider Second Reading of Ordinance No. 114 – An Ordinance of the
Monterey Peninsula Water Management District Amending District Rule 24 to
Clarify Special Fixture Unit Accounting for Second Bathrooms 14.
Consider Second Reading of Ordinance No. 115 – An Ordinance of the
Board of Directors of the Monterey Peninsula Water Management District
Clarifying Water Use Credit Rules, Cancellation of Permits Rules, and Setting
Fees for Water use Credit Documentation ACTION
ITEMS 15.
Review Provisions and Make Recommendations Regarding Ordinance No.
104 – Modify Administrative Appeal Processes 16.
Consider Potential Modifications to Water Use Credit Transfer Program
and Provide Direction to Staff INFORMATIONAL ITEMS17.
Letters Received 18.
Committee Reports 19.
Strategic Planning Initiatives Progress Report 20.
Carmel River Fishery Report 21.
Water Conservation Program Report 22.
Monthly Allocation Report 23.
Monthly Cal-Am Water Company Production Report 24.
Production Report – CAWD/PBCSD Wastewater Reclamation Project 25.
Monthly Water Supply Status Report 26.
Quarterly California-American Water Company Sales Report ADJOURNMENT |
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__________________________________ Fran Farina, Secretary to the Board |
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