EXHIBIT 1-B
DRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District May 16, 2005 |
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The
meeting was called to order at 7 PM in the Boardroom of the Monterey Regional
Water Pollution Control Agency. Board
members present: Larry
Foy, Chair – Division 5 Kristi
Markey, Vice Chair – Division 3 Alvin
Edwards – Division 1 Judi
Lehman – Division 2 Michelle
Knight – Division 4 David
Pendergrass – Mayoral Representative Board
members absent: David
Potter – The
assembly recited the Pledge of Allegiance. The
following comments were directed to the Board during Oral
Communications. (1) Neil Gardner
warned the Board that it should not wait for California American Water
(Cal-Am) to build a water supply project.
He urged the Board to take immediate action. (2) David Dilworth chided the Board
for the absence of funds in the proposed FY 2005-2006 Budget to complete the
EIR on the District’s proposed On a motion of Director Pendergrass and second by
Director Knight, the Consent Calendar was approved unanimously, except for
items 2 and 3 that were pulled for separate consideration. The motion was adopted on a vote of 6 –
0. Director Potter was absent. Approved. On a motion by Director Edwards and second by Director Knight, staff was directed to incorporate additional information into the report and distribute it by mail throughout the District. The motion was approved unanimously on a vote of 6 – 0. Director Potter was absent. On a motion by Director Edwards and second by
Director Knight, the MOA was approved on a vote of 6 – 0. Director Potter was absent. Approved. Approved. Approved. An outline of Henrietta Stern’s report is on file at the District office. In response to a question from Director Lehman, Ms. Stern said that she would provide to the Board an estimate of the cost to complete an EIR on the District’s proposed Sand City desalination project. An outline of Darby Fuerst’s report is on file at the District office. He reported that Cal Am’s year-to-date production from the Carmel river was 408 acre-feet below the target established as a result of SWRCB Order 95-10. In response to a question from the Board, General Manager Berger advised that staff would contact Cal Am to determine why water production increased to 44 acre-feet in mid-May. During the public comment period on this item, David Dilworth, representing Helping Our Peninsula’s Environment (HOPE), requested that the chart titled Status of Cal-Am Compliance with SWRCB Order 95-10 be amended to show that Order 95-10 identifies the amount of water that can be pumped from the Carmel River as 3,900 acre-feet. According to Mr. Dilworth, any amount of water over 3,900 acre-feet that is pumped from the Carmel River is illegal production. He also expressed alarm over Mr. Fuerst’s announcement that sustainable yield from the Seaside Basin is 2,900 acre-feet per year, and not 4,000 as previously believed. Director
Edwards thanked Larry Hampson, District Engineer, and Thomas Christensen,
Riparian Projects Coordinator, for preparing the application for receipt of
Proposition 50 grant funds. Director
Lehman reported that on May 7, 2005, she participated in a panel discussion
on global water concerns that was conducted at the Monterey Institute of
International Studies. She also attended
the May 12, 2005 public hearing conducted by the California Public Utilities
Commission on Cal Am’s request for a rate increase in the Monterey District. Director
Edwards offered a motion to deny the variance and adopt the Findings of Fact
to Support Denial. The motion was
seconded by Director Knight and adopted on a unanimous vote of 6 – 0. Director Potter was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) Debra Gramespacher
maintained that the proposed shower installation should be approved because
the instant access hot water system planned for the new shower will result in
a reduction in water use, which will not be achieved if the existing shower
is utilized. (2) Don Clark stated
that 500 gallons of water per year could be saved through the installation of
a new shower with the instant access hot water system. It would also be an undue hardship for Mr.
Clark’s father to travel downstairs to the existing shower. He noted that the Board does allow the
addition of a second bath in a residence without regard to fixture units, and
this situation is similar. (3)
Walter N. Clark spoke in support of the request for a variance. Director
Edwards made a motion to adopt the Findings of Approval for Application No.
20040209SHO; file a Notice of Exemption; approve Application No. 20050209SHO
and issue Permit No. M05-03 with the Conditions of Approval. The motion was seconded by Director Knight Director
Knight offered an amendment that was seconded by Director Edwards, that staff
contact Cal Am to determine the number of properties outside of the Cal Am
boundary served by a remote connection. This information should be provided
to the Water Demand Committee for a discussion on development of criteria for
dealing with future annexation requests of this type. The amended motion was approved unanimously
on a vote of 6 – 0. Director Potter
was absent. The
following comments were received during the public hearing on this item. (1) Derinda Messenger, representing
the applicant Jonathan Showe, asked that the Board approve the request for
annexation and legitimize the water connection. (2) David Dilworth, representing
HOPE, suggested that the District ask Cal Am to provide a comprehensive list
of properties outside of its service boundary that are served by remote
Cal-Am connections. (3) Steve
Leonard, General Manager of Cal Am’s Coastal Division, agreed to ask his
staff if they could identify the number of remote connections served by
Cal-Am. He stated that it would be
difficult to locate that information. Director Pendergrass offered a motion to
approve the conceptual ordinance with the addition of language stating that
the Board will be notified of the decision for applications processed under
Exempt, Level 1 and Level 2
criteria. The motion was seconded by
Director Knight and approved on a vote of 4 – 2. Directors Edwards, Foy, Knight and
Pendergrass voted in favor of the motion.
Directors Lehman and Markey were opposed. Director Potter was absent. David
Dilworth, representing HOPE, addressed the Board during the public hearing on
this item. He expressed concern that
ministerial decisions would be handed down on projects that had the potential
to cause significant environmental impacts.
According to Mr. Dilworth, the proposed regulation would establish an
unacceptably low level of environmental review for new subdivisions in Carmel
Valley. He also suggested that all
applicants be required to report water meter readings. Director Edwards offered a motion to
convene a Special Meeting/Board Workshop on June 16, 2005 at 7 PM to plan a
water summit. Director Knight seconded
the motion. There was consensus among
the six directors present to conduct the special meeting and to notify the
parties involved with the Regional Urban Water Supply (RUWS) planning process
about the June 16 meeting. Director
Potter was absent. The
following comments were directed to the Board during the public comment
period on this item. (1) Robert
Greenwood, representing the Carmel Valley Association, urged all parties
involved to move quickly on establishment of the Regional Urban Water Supply
(RUWS) governing board. (2) Madeleine Clark, Director of the
Elkhorn Slough Coalition, read a letter that is on file at the District
office. Ms. Clark proposed formation
of an elected regional water board that would encompass all of Monterey
County. (3) Susan Goldbeck, a
Pacific Grove councilmember speaking on her own behalf, expressed
concern about establishment of a non-elected governing Board due to the
potential for corruption. (4) David
Dilworth, representing HOPE, stated that all RUWS governance proposals
are inadequate because they are intended to deprive the electorate of the
right to vote against a pro-growth water supply project. He expressed support for scheduling a Water
Summit. (5) John Fischer, a
resident of Pacific Grove, spoke in support of the effort to establish a
governing board so that the Regional Urban Water Supply planning effort can
move forward and a solution to the region’s water situation can be
developed. (6) George Riley, a
resident of Monterey, expressed support for the Elkhorn Slough Coalition’s
proposal to form an elected regional water board that will encompass all of
Monterey County. (7) Nadar Agha
urged the Board to withhold support for the current RUWS governing board
proposals. He stated that the
Pajaro/Sunny Mesa Community Services District is qualified to build a water
supply project. (8) Steven Leonard,
General Manager of Cal Am’s Coastal Division, spoke in support of the effort
to establish a governing body to plan a water supply project. He encouraged the Board of Directors and
its other partners to take action on this effort. He noted that Cal-Am continues to move
ahead on development of a water supply project and seeks public
partners. (9) Curtis Weeks,
General Manager of the Monterey County Water Resources Agency, expressed
appreciation for General Manager Berger’s involvement in the planning
process. He noted that collaboration
with the public is important, and that information will be brought to the
public at the appropriate time. Mr.
Weeks said that he could not predict at this time whether a joint powers
authority or another governance system would be the appropriate choice. Director Edwards made a motion to continue
the item to the June 20, 2005 Regular meeting of the Board when all Directors
would be present. The motion was
seconded by Director Lehman and approved on a vote of 5 - 1.
Directors Edwards, Knight, Lehman, Markey and Pendergrass voted in
favor of the motion. Director Foy was
opposed. Director Potter was absent. The
following comments were received during the public comment period on this
item. (1) David Dilworth,
representing HOPE and Responsible Consumers of the Monterey Peninsula,
expressed support for placement of a measure on the November 8, 2005 ballot
regarding public acquisition of Cal Am.
(2) Darby Worth spoke in support of the proposal for a vote on
public acquisition of Cal-Am. (3)
Ruth Smith expressed support for a ballot measure regarding public
acquisition of Cal-Am. She also
submitted a letter dated May 16, 2005 that is on file at the District
office. (4) Robert Greenwood,
representing the Carmel Valley Association, expressed support for an advisory
ballot measure on public acquisition of Cal-Am. He asked if an estimate of the cost to
acquire Cal Am could be developed and provided to the voters before the July
28, 2005 deadline. (5) George Riley,
a resident of Monterey, submitted a petition containing 129 signatures titled
“Petition for Public Ownership of the Cal Am Water Distribution System.” The petition is on file at the District
office. (6) Manuel Fiero, a
resident of Monterey, spoke in support of the proposal to conduct an election
on public acquisition of Cal-Am. He
proposed that Cal-Am be acquired through eminent domain proceedings. (7) Susan Goldbeck stated that the
public would benefit from the acquisition of Cal Am. (8) John Fischer, a resident of
Pacific Grove, said that the cost to acquire Cal Am must be determined before
he could decide if public ownership of the water company would be an
advantage to the community. (9) Nadar Agha recommended that an
advisory vote be conducted on public ownership of Cal Am. He organized a group of persons that,
within two days, collected 375 signatures in support of acquiring Cal Am
through public domain proceedings. (10)
Steven Leonard, General Manager of Cal Am’s Coastal Division, urged the
Board to refrain from conducting an election on public ownership of
Cal-Am. He asked the Board to focus on
its responsibility to develop a water supply, and to continue to work with
Cal Am on that goal. (11) Neil
Gardner expressed support for the proposal to conduct an election on
public ownership of Cal Am. On a motion by Director Lehman and second
by Director Knight, the item was continued to the June 16, 2005 Special
Meeting/Board Workshop. The motion was
approved unanimously on a vote of 6 – 0.
Director Potter was absent. There
was no discussion of these items. The
meeting was adjourned at approximately 9:30 PM in memory of former Board
Chair Nick Lombardo. The
Closed Session was adjourned at approximately 10 AM. |
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CALL TO ORDER/ROLL CALLPLEDGE
OF ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1.
Consider Adoption of Minutes of the Regular Board
Meeting of April 18, 2005 2.
Review and Approve Revised Draft MPWMD 2004 Annual
Report 3.
Consider Approval of Annual Memorandum of Agreement
for Releases and Diversions from San Clemente Reservoir between California
American Water, California Department of Fish and Game and MPWMD 4.
Approve Amendment to PM Connect Contract to Expand
Scope of Work for Water Demand Division Database Project Outline to Include
Modules for the Use of Recycled Water Entitlements, Time Tracking and Water
Credit Transfer Process 5.
Receive Water Supply Forecast for Period of May 1,
2005 through September 30, 2006 6.
Adopt Treasurer’s Report for February 2005 PRESENTATIONS 7.
Water Supply Project Alternatives Update GENERAL
MANAGER’S REPORT 8.
Status Report on California-American Water
Compliance with State Water Resources Control Board Order 95-10 DIRECTORS’
REPORTS 9.
Oral Reports on Activities of County, Cities,
Other Agencies/Committees/ Associations PUBLIC
HEARINGS 10.
Consider Request for Variance from District Rule
24 – Water Permit Process – 8 Mescal Place, Seaside, CA – APN 012-673-018 11.
Consider Approval of Application to Amend
California American Water Distribution System to Annex Showe Parcel – APN
197-081-025, California American Water and Lombardo & Gilles,
Co-Applicants 12.
Consider Approval of Conceptual Ordinance No. 122
to Amend MPWMD Rules and Regulations to Create an Impact-Based System for
Water Distribution System Permits ACTION
ITEMS 13.
Discussion and Direction on Regional Urban Water
Supply Project Governance Alternatives and District’s Proposed District
“Water Summit” Meeting 14.
Consider Request for Placement of Advisory Measure
on the November 8, 2005 Election Regarding Public Acquisition of the
California American Water Distribution System, Coastal Division, Monterey
District 15.
Discuss Proposed Agreement with California
American Water Regarding Management and Operation of Seaside Basin Aquifer
Storage and Recovery Facilities INFORMATIONAL
ITEMS/STAFF REPORTS 16.
Letters Received 17.
Committee Reports 18.
Strategic Planning Initiatives Progress Report 19.
Carmel River Fishery Report 20.
Water Conservation Program Report 21.
Monthly Allocation Report 22.
Monthly California-American Water Company
Production Report 23.
Monthly Water Supply Status Report ADJOURN
TO CONFERENCE ROOM FOR CLOSED SESSION ADJOURN
IN MEMORY OF FORMER BOARD CHAIR NICK LOMBARDO |
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David A. Berger, Secretary to the Board
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