EXHIBIT 1-ADRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District February 24, 2005 |
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The
meeting was called to order at 7:00 PM in the Boardroom in the offices of the
Monterey Regional Water Pollution Control Agency. Directors
present: Larry
Foy, Chair – Division 5 Alvin
Edwards – Division 1 Judi
Lehman – Division 2 Michelle
Knight – Division 4 David
Pendergrass – Mayoral Representative David
Potter – (Arrived
at 7:30 PM) Directors
absent: Kristi
Markey, Vice Chair – Division 3 General
Manager present: Joe Oliver, Water
Resources Manager attended in place of General Manager David Berger who was
on vacation. District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. No
comments. On a motion by Director Pendergrass and second by Director Edwards, the Consent Calendar was unanimously approved on a vote of 5 – 0. Directors Markey and Potter were absent. Approved. Approved. Approved. Approved. Approved. A
summary of Henrietta Stern’s presentation is on file at the District
office. In response to a question from
the Board, Joe Oliver stated that a report on the preliminary results of the
water year 2005 aquifer storage and recovery project testing period might be
available in April or May 2005. A
summary of Darby Fuerst’s presentation is on file at the District
office. In response to questions from
the Board, Mr. Fuerst stated that to date, District
Counsel, David Laredo, reported that he provided an update to the Board on
the five agenda items, but no specific action was taken. Mr. Laredo also reported that the Board
voted unanimously to add an additional item to the closed session agenda
under Existing Litigation. The item
was titled California-American Water Company’s General Rate Case to the
Public Utilities Commission, Application Number 05-02-012. No specific action was taken on that
item. The Board also conducted
District Counsel’s performance evaluation Director
Edwards asked when the MPWMD conference room would be upgraded and available
for monthly Board meetings. Rick
Dickhaut responded that the room might be available for Board meetings by
April or May 2005. Director Knight
thanked District staff for production of the nametags that were distributed
to each Director. Director Edwards made a motion to approve the staff recommendation to accept Counsel’s interpretation of “site”, deny the appeal, and adopt the Findings of Denial. In addition the Rules and Regulations Review Committee was directed to clarify the term “unity of ownership” in District Rule 11. The motion was seconded by Director Lehman and approved unanimously on a vote of 5 – 0. Directors Edwards, Foy, Knight, Lehman and Pendergrass voted in favor of the motion. Directors Markey and Potter were absent. Eric
Marsh, Secretary/Treasurer of Las Villas Nogales Home Owners Association,
addressed the Board during the public comment period on this item. He maintained that the homeowners
association did meet the unity of ownership requirement. He suggested that the District’s rules be
changed to add the term “identical ownership.” Director
Potter arrived at approximately 7:30 PM, during the staff presentation on
item 11. Director Potter proposed a motion to adopt the staff recommendation to deny the appeal and adopt the Findings of Denial. Director Edwards seconded the motion. It was adopted on a vote of 6 – 0. Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was absent. Adam
Serrano, the applicant, addressed the Board during the public hearing on this
item. He disagreed with the District’s
denial of his application to add a bathroom under District Rule 24-C. According to Mr. Serrano, the addition of a
bathroom and a half-bath would not increase water use because the number of
people living in the house would not change.
Director Edwards made a motion to approve the staff recommendation to deny the appeal and adopt the Findings of Denial. In addition, the Rules and Regulations Review Committee was charged to review Rule 24-C and determine if it should be modified. The motion was approved unanimously on a vote of 6 – 0. Director Markey was absent. Suzan
Kelly, the applicant, addressed the Board during the public hearing on this
item. She asked the Board to be
flexible in administration of their rules and approve the appeal. According to Ms Kelly, if the appeal were
to be denied she would be forced to downsize her project. On a motion by Director Edwards and second by Director Knight, the Board voted to approve the staff recommendation to adopt the Findings of Approval for Application No. 20041001CWW for Permits M05-01 (potable system) and M5-02 (non-potable system); and approve Application No. 20041001 CWW and authorize issuance of MPWMD Permits M05-01 (potable system) and M05-02 (non-potable system) with the Conditions of Approval. In addition Finding No. 2 of the Findings of Approval for Permits M05-01 and M05-02 will be amended as follows: delete the words “on the same Final EIR” from the last sentence of Finding 2 and replace with the words “a Negative Declaration.” Also, the Draft Conditions of Approval for Permit M05-01 shall be amended as follows: page 7, item k, sentences 1 and 2, the references to a specific fee or hourly rate of payment shall be deleted and replaced with a reference to “the prevailing rate.” The motion was approved on a vote of 5 – 1. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Director Lehman was opposed. The
following comments were directed to the Board during the public hearing on
this item. (1) Derinda Messenger,
representing the applicant, agreed with the suggestion to amend the
Conditions of Approval for Permit M05-01 by adding language referring to the
“prevailing rate.” She suggested that
Finding No. 2 in the Findings of Approval for Permits M05-01 and M05-02
should be amended by removing the words “on the same Final EIR’ and replacing
them with the words “a Negative Declaration.”
(2) Alan Williams thanked the Board and staff for their work on
bringing this application forward. He
noted that many of the reporting requirements established by the District as
a condition of these permits, are also required by the Public Utilities
Commission. (3) Robert Greenwood,
representing the Carmel Valley Association, spoke in support of the concept
of combining the CaZada Woods and Monterra Ranch systems. He urged the Board to investigate the
adequacy of the two-way metering system.
He stated that District staff should be checking the meter. (4) Alan Williams stated that the
State Water Resources Control Board approved the concept of the two-way
metering system. In addition, he
would have no objections to District staff checking the meter. Director Pendergrass offered a motion to approve the staff recommendation to: (1) adopt the Negative Declaration, (2) adopt the first reading of Ordinance No. 119, and (3) incorporate into Ordinance No. 119 language under Rule 165 related to the use of water on areas served by the CAWD/PBCSD Wastewater Reclamation Project that was submitted by District Counsel at the meeting. The motion was approved unanimously on a vote of 6 – 0. Director Markey was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) John Fisher, resident of On a motion by Director Lehman and second by Director Potter, the first reading of Ordinance No. 120 was unanimously approved by the Board on a vote of 6 – 0. Director Markey was absent. No
comments were directed to the Board during the public hearing on this item. On a motion by Director Pendergrass and second by Director Knight, the mid-year budget adjustment for Fiscal Year 2004-05 was unanimously approved by the Board on a vote of 6 – 0. Director Markey was absent. No
comments were directed to the Board during the public hearing on this item. No
discussion. The
meeting was adjourned at 9:40 PM. |
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CALL TO ORDER/ROLL CALLPLEDGE
OF ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1.
Consider Adoption of Minutes of the January 19,
2005 Board Workshop on 2005-2006 Fiscal Year Budget Planning and the January
27, 2005 Regular Meeting of the Board 2.
Approve Amendment to Agreement for 3.
Approve Deed Restriction Template 3.7, Notice of
Removal of Deed Restrictions 4.
Approve Revisions to Deed Restriction
Implementation Guidelines 5.
Receive Scoping Report Summarizing Comments on
Notice of Preparation for EIR on MPWMD Aquifer Storage and Recovery Project PRESENTATIONS 6.
Water Supply Project Alternatives Update GENERAL
MANAGER’S REPORT 7.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 ATTORNEY’S
REPORT 8.
Report on 5:30 PM Closed Session DIRECTORS’
REPORTS 9.
Oral Reports on Activities of County, Cities,
Other Agencies/Committees/ Associations PUBLIC
HEARINGS 10.
Consider Appeal by Las Villas Nogales Home Owners’
Association of Staff Determination Regarding Denial of Water Use Credits on
Adjacent Properties – Continued from December 13, 2004 Board Meeting 11.
Consider Appeal of District Staff’s Decision to Deny
a Water Permit Pursuant to MPWMD Rule 24-C, Special Fixture Unit Accounting –
902 Via Verde, Del Rey Oaks (APN 012-541-003) 12.
Consider Appeal of District Staff’s Decision to
Deny a Water Permit Pursuant to MPWMD Rule 24-C, Special Fixture Unit Accounting
– 13.
Consider Application to Create CaZada Woods Water Company
Water Distribution System (Combining CaZada Woods and Monterra
Ranch Systems); APN 169-011-004 et al (Tehama/Monterra) 14.
Consider First Reading of Ordinance No. 119 – An
Ordinance of the Board of Directors of the Monterey Peninsula Water
Management District Amending District Rules to Modify the Expanded Water Conservation
and Standby Water Rationing Plan 15.
Consider First Reading of Ordinance No. 120 – An
Ordinance of the Board of Directors of the Monterey Peninsula Water
Management District Setting and Amending Administrative Fees for Various
Services, Including Permit Processing, and Enabling Future Amendment of Fees
by Board Resolution 16.
Consider Adoption of Mid-Year FY 2004-2005 Budget
Adjustment INFORMATIONAL
ITEMS/STAFF REPORTS 17.
Letters Received 18.
Committee Reports 19.
Strategic Planning Initiatives Progress Report 20.
21.
Water Conservation Program Report 22.
Monthly Allocation Report 23.
Monthly California-American Water Company
Production Report 24.
Semi-Annual Financial Report on the CAWD/PBCSD
Recycled Water Project 25.
Monthly Water Supply Status Report 26.
Receive and File Semi-Annual Groundwater Quality
Monitoring Report ADJOURNMENT |
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David A. Berger, Secretary to the Board
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