EXHIBIT 1-A
DRAFT MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District August 15, 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 offices. Board
members present: Larry
Foy, Chair – Division 5 Alvin
Edwards – Division 1 Judi
Lehman – Division 2 Michelle
Knight – Division 4 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors (arrived at 7:07 PM) Board
members absent: Kristi
Markey – Division 3 General
Manager present: David A. Berger 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) Steven Leonard,
California American Water, thanked the District for the gift of flowers that
was sent to Charles Kemp of Cal-Am during his recent hospitalization. (2) Susan Kipping, resident of
Felton in Santa Cruz County, announced that voters in Felton approved a
ballot measure to purchase the Cal-Am water system in their area. She warned that “in-fighting” among
community members over the public ownership issue could be used by Cal-Am to
defeat a similar measure on the Monterey Peninsula. On a motion by Director Pendergrass and second by Director Lehman, the Consent Calendar was approved unanimously on a vote of 6 – 0. Director Markey was absent. Chair Foy announced that agenda items 6 and 11 would be continued to a future Board meeting date. District Counsel
Laredo reported that the Board was updated on the status of all six items
listed on the Closed Session agenda.
Mr. Laredo noted that concerning Cal Am Water’s application No.
04-08-012 to the Public Utilities Commission, the Administrative Law Judge
ruled in opposition to Cal Am’s request to consolidate rates for the Monterey
and Felton districts. In the case of
Cal Am’s application to the PUC to increase rates for construction of the
Coastal Water Project, Application No. 04-09-019, the District and other
parties filed protests to the application.
Mr. Laredo reported that the District recently participated in
evidentiary proceedings related to Cal Am’s application to the PUC, No.
05-02-012. Additional briefings will
be scheduled before the end of the year.
Regarding the lawsuit filed by Save Our Carmel River (SOCR), M72061, a
notice of appeal has been filed by SOCR.
Further action on Superior Court Case No. M72877, also filed by SOCR,
is pending until the outcome of M72061 is determined. A trial date of December 12, 2005 has been
set in Superior Court Case No. M66343.
The Board provided general direction to District Counsel on these
items. No reportable action was taken. Directors Knight and
Edwards thanked the Monterey Regional Water Pollution Control Agency (MRWPCA)
for organizing the tour of purified recycled water production facilities in
Orange County that they attended. All
Board members were encouraged to attend an upcoming tour in September. Director Lehman announced that she
completed a ten-week class on water law.
She noted that the course validated for her the direction the District
is taking in groundwater management.
She applauded the Water Conservation Program staff for their work with
the Water Awareness Committee. Director Pendergrass announced that the MRWPCA
has chosen a consultant to prepare a groundwater recharge feasibility study. This item was
continued to an unspecified Board meeting date at the request of the
applicant. On a motion by
Director Pendergrass and second by Director Edwards, the Board unanimously
approved the second reading and adoption of Ordinance No. 121. The motion was approved on a vote of 6 –
0. Directors Edwards, Foy, Knight,
Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was absent. The following comments
were directed to the Board during the public hearing on this item. (1) Louis Dell’Angela, Community Development Director for the City of
Seaside, spoke in support of Ordinance No. 121. He stated that the redevelopment process
could be lengthy due to the time it takes to negotiate agreements with
property owners in the redevelopment area, and avoid eminent domain
proceedings. (2) David Dilworth, Executive Director of Helping Our Peninsula’s
Environment (HOPE), insisted that the ordinance should be subject to
environmental analysis under CEQA before the Board of Directors considers it. On a motion by
Director Edwards and second by Director Lehman, the Board adopted the second
reading of Ordinance No. 122; directed staff to transmit a Notice of
Determination to the Monterey County Clerk; and directed staff to complete
the revised Water Distribution System Implementation Guidelines. The motion was unanimously approved on a
vote of 6 – 0. Directors Edwards, Foy,
Knight, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was absent. During the public
hearing on this item, David Dilworth, representing HOPE, asked for
clarification as to the difference between an abandoned well and an inactive
well. He also asked for a better explanation
of the terms “well” and “water distribution system.” At the Chair’s request, Ms. stern responded
to these questions. On a motion by
Director Edwards and second by Director Lehman, the Board adopted the second
reading of Ordinance No. 123 authorizing a 1.2% increase to the user fee
thereby setting the user fee at 8.325%.
Staff was also directed to file a Notice of Exemption with the
Monterey County Clerk. The motion was
unanimously approved on a vote of 6 – 0.
Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted
in favor of the motion. Director
Markey was absent. During the public
hearing on this item, John Fischer, a resident of Pacific Grove, said that he
was not sure if he could support an ordinance that asks customers to pay more
money for a project that would affect the Seaside aquifer, considering that
the Seaside aquifer is overdrafted. On a motion by
Director Edwards and a second by Director Foy, the Board authorized an
expenditure of $3,825 for strategic planning and goal setting facilitation
services by APEX Strategies. The
motion was approved unanimously on a vote of 6 – 0. Directors Edwards, Foy, Knight, Lehman,
Pendergrass and Potter voted in favor of the motion. Director Markey was absent. No public comment was
directed to the Board during the public comment period on this item. Chair Foy continued
this item to a future unspecified Board meeting date so that Director Markey
can be present to participate in the discussion. There was no
discussion of the Information Items/Staff Reports. The
meeting was adjourned at 8:30 PM. |
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CALL TO ORDER/ROLL CALLPLEDGE OF ALLEGIANCEORAL COMMUNICATIONSCONSENT
CALENDAR 1. Consider Adoption of Minutes of the
Regular Board Meeting of July 18, 2005 and Adjourned Regular Meeting of July
21, 2005 PRESENTATIONS 2. Water Supply Project Alternatives
Update GENERAL
MANAGER’S REPORT 3. Status Report on California-American
Water Compliance with State Water Resources Control Board Order 95-10 ATTORNEY’S
REPORT 4. Report on 5:30 PM Closed Session DIRECTORS’
REPORTS 5. Oral Reports on Activities of
County, Cities, Other Agencies/Committees/ Associations PUBLIC
HEARINGS 6. Consider Appeal of District Staff’s
Decision that Rule 24-G, Special Circumstances, do not Apply to Storage Pro
Self Storage Facility (Mirabito), APNs:
169-131-002 & 003 7. Consider Second Reading and Adoption
of Ordinance No. 121 – Extend Time Limit on Retention of Water Use Credits
for Redevelopment Projects 8. Consider Second Reading and Adoption
of Ordinance No. 122 – Revising MPWMD Rules and Regulations to Create Impact
Based Permit System for Water Distribution Systems 9. Consider Second Reading and Adoption
of Ordinance No. 123 – Implementation of 1.2% User Fee Increase to Fund
Completion of Phase 1 ASR Project ACTION
ITEMS 10. Authorize Expenditure of Budgeted
Funds for Strategic Planning and Goal Setting Facilitation Services by APEX
Strategies 11. Consider Proposed Agreement with
California American Water Regarding Management and Operation of Seaside Basin
Aquifer Storage and Recovery Facilities INFORMATIONAL ITEMS/STAFF REPORTS 12. Letters Received 13. Committee Reports 14. Strategic Planning Initiatives
Progress Report 15. Carmel River Fishery Report 16. Water Conservation Program Report 17. Monthly Allocation Report 18. Monthly California-American Water
Company Production Report 19. Monthly Water Supply Status Report 20. Semi-Annual Ground Water Quality
Monitoring Report ADJOURNMENT |
____________________________________
David
A. Berger, Secretary to the Board
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