|
EXHIBIT 1-A |
||||
|
DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District January 28, 2010 |
||||
|
The meeting was called to
order at 7:05 PM in the District Conference Room. |
|
CALL TO ORDER/ROLL CALL |
||
|
Directors Present: Bob Brower, Vice Chair –
Division 5 Judi Lehman – Division 2 Kristi Markey – Division 3 David Pendergrass – Mayoral
Representative Directors Absent: None General Manager present: District Counsel present: David C.
Laredo |
|
|
||
|
The assembly recited the
Pledge of Allegiance. Director Markey offered
a motion that was seconded by Director Brower, to defer to the February 25,
2010 meeting item 22, Consider Adoption of Resolution 2010-01 Expressing
Support for the Proposed Monterey Regional Water Supply Program (Regional
Project). The motion was approved
unanimously on a vote of 7 – 0. |
|
PLEDGE OF ALLEGIANCE |
||
|
|
|
|
||
|
The following comments were
received during Oral Communications. (1) Todd Norgaard, member of Carmel
Valley Association Water Committee, read a statement on file at the District
office regarding the Holman Ranch application before the Monterey County
Planning Commission. He expressed
agreement with a November 2009 comment letter submitted by the District to
the |
|
ORAL COMMUNICATIONS |
||
|
|
|
|
||
|
Director Markey offered
a motion that was seconded by Director Edwards to adopt the Consent
Calendar. The motion was approved
unanimously on a vote of 7 – 0. |
|
CONSENT CALENDAR |
||
|
Approved |
|
1. |
Consider
Adoption of Minutes of the December 14, 2009 Regular Board Meeting |
|
|
Approved |
|
2. |
Ratify Board Committee Assignments for Calendar Year
2010 |
|
|
Approved |
|
3. |
Receive Report on Potential for Increasing Capacity
of Los Padres Reservoir |
|
|
Approved |
|
4. |
Consider Expenditure of Budgeted Funds to Contract
with A&N Technical Services, Inc. to Conduct a Technical Analysis of
Non-Residential Water Use Factors |
|
|
Approved |
|
5. |
Review and Accept Independent Audit Report for
Fiscal Year 2008-2009 |
|
|
Approved |
|
6. |
Consider Approval of First Quarter Fiscal Year
2009-2010 Investment Report |
|
|
Approved |
|
7. |
Receive and File First Quarter Financial Activity
Report for Fiscal Year 2009-2010 |
|
|
Approved |
|
8. |
Consider Approval of Annual Update on Investment Policy |
|
|
Approved |
|
9. |
Consider Adoption of Treasurer's Report for August
2009 |
|
|
Approved |
|
10. |
Consider Adoption of Treasurer's Report for
September 2009 |
|
|
|
|
|
|
|
|
|
|
PRESENTATIONS |
||
|
Chair Doyle presented a
plaque to former Board Chair Markey and thanked her for serving as Chair in
2009. |
|
11. |
Present Plaque to Outgoing Chair, Kristi Markey |
|
|
Mr. Anthony’s report
included the following comments. (A) California
American Water (Cal-Am) provides fire suppression service to 15 properties
whose potable water source is not Cal-Am.
No water use was recorded on those connections. Cal-Am is required to install a meter for
fire suppression upon request. All
fire suppression connections are metered.
If water use is recorded, Cal-Am investigates the cause. The customer will be charged for the water
used, if it is determined that the connection provided water for uses other
than fire suppression. In most cases,
water use is attributed to leaky valves.
(B) Cal-Am has applied for permits with the City of |
|
12. |
Monthly Report from California American Water
General Manager, |
|
|
A summary of Mr. |
|
13. |
Progress Report on Proposed Groundwater
Replenishment Project from Keith Israel, General Manager, Monterey Regional
Water Pollution Control Agency |
|
|
|
|
14. |
Update on Development of Water Supply Project
Alternatives Including Recycled Water |
|
|
|
|
15. |
Water Conservation Program Report |
|
|
|
|
|
||
|
|
|
GENERAL MANAGER’S REPORT |
||
|
|
|
16. |
Status Report on |
|
|
|
|
|
||
|
|
|
ATTORNEY’S REPORT |
||
|
|
|
17. |
Report
on 5:30 PM Closed Session of the Board |
|
|
|
|
|
3. |
Conference with Legal Counsel – Existing Litigation
(Gov. Code 54945.9 (a)) |
|
|
|
|
A. |
Application of California American Water Company
to the Public Utilities Commission Application No. 04-09-019 – Coastal Water
Project |
|
|
|
|
B. |
Application
of California American Water Company to PUC Application No. 10-01-XXX
–Mitigation Cost Reimbursement |
|
|
|
|
C. |
|
|
|
|
|
D. |
MPWMD v. State Water Resources
Control Board; Superior Court Case No. M102101 |
|
|
|
|
E. |
|
|
|
|
|
F. |
|
|
|
|
|
G. |
|
|
|
|
|
|
|
|
|
|
|
4. |
Public Employee Performance Evaluation (Gov. Code
54957) -- General Manager |
|
|
|
|
|
|
|
|
|
5. |
Adjourn
to 7 PM Session |
|
|
|
|
|
|
|
|
|
|
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
||
|
|
|
18. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
|
|
|
|
|
||
|
|
|
PUBLIC HEARINGS |
||
|
On a motion by Director
Markey and second by Director Brower, the Board adopted Ordinance No. 142 on
second reading by a unanimous roll-call vote of 7 – 0. During the public hearing
on this item, |
|
19. |
Consider
Second Reading and Adoption of Ordinance No. 142 -- An Ordinance of the Board
of Directors of the Monterey Peninsula Water Management District Amending
Regulation XV, the Expanded Water Conservation and Standby Rationing Plan |
|
|
|
|
|
|
|
|
Director Markey offered
a motion that was seconded by Director Lehman to adopt Ordinance No. 143 with
the following amendments: (A) delete
exception 7 listed on page142 of the staff report; (B) amend exemption 1 to
read “Any existing PUC water utility or any parcel that is outside of the CAW
service area”; and (C) in exception 5, delete the words “in year 2009 that
are nearing their 6-month State Permit Streamlining Act action deadlines.” In addition, the Rules and Regulations
Review Committee should proceed to complete all work that must be done to
bring this issue back to the Board for further action within 90 days. Director Markey withdrew
her motion with the consent of Director Lehman. Director Brower made a
motion to deny the adoption of Urgency Ordinance No. 143, and refer the
ordinance to the Water Demand Committee for further study. The Rules and Regulations Review committee
should also participate in the review.
Before a new ordinance is presented for consideration by the Board of
Directors, it should be reviewed by the Policy and Technical Advisory
committees. The motion was seconded by
Director Potter and adopted unanimously on a vote of 7 – 0. Prior to the public hearing on this item, the
meeting was recessed from 9 PM to 9:08 PM. The
following comments were directed to the Board during the public hearing on
this item. (1) Jason Reterrer, Lombardo and Gilles, stated that staff should
not be prevented from processing water distribution system applications for
large lots. He requested that if the
ordinance is adopted, Section 5 be amended to include an eighth exception
that would read, “For applications on larger parcels that have undergone
environmental review or have undertaken significant hydrogeologic analysis.” (2)
Sheri Damon representing various landowners, stated there is no urgency
to adopt the ordinance. She expressed
support for the exceptions outlined on page 4 of Urgency Ordinance No. 143,
as modified to exclude Public Utilities Commission regulated utilities and
the coastal zone exemption. (3) Jackie Zischke expressed support
for the list of exceptions and the proposed amendment to exemption 1 that
would include the words, “any existing PUC water utility.” (4)
Greg Linder expressed support for the list of exemptions, especially
number 6. (5) John Bridges stated that this ordinance should not be given
urgency status. He requested that all
applications and pre-applications described on Exhibit 20-B be
processed. A ban on processing water
distribution system permits should only apply to those new applications
received after the Board takes action to suspend processing. (6) Pete Fallon spoke in opposition
to the drilling of water wells in neighborhoods. He read a statement that is on file at the
District office. (7) Eric Dyer, architect for applicant Chopin Enterprises,
requested that the Board approve an exemption for projects that have been
suspended due to the coastal zoning process. (8) Michael Bono, representing CGLLC on Los Laureles Grade,
requested that the Board table consideration of this ordinance until conditions
justify adoption under an emergency status.
(9) John McCombs expressed
opposition to adoption of Urgency Ordinance No. 143. (10)
Barbara Bierman spoke in opposition to adoption of Urgency Ordinance No.
143. (11) Gary Wiegan, Civil Engineer, stated that there is no justification
for adoption of an urgency ordinance.
He requested that the Board take no action on Urgency Ordinance No.
143. (12) Aaron Bierman, expressed opposition to adoption of Urgency
Ordinance No. 143. (12)
Kevan Stone, Monterey County Association of Realtors, stated that the
Association is not opposed to preparation of an analysis of fractured rock
wells, but is opposed to adoption of an urgency ordinance. (13)
Michael Waxer, representing Cañada Water Company that serves both Tahema
and Monterra Ranch, expressed support for an amendment to exemption 1 that
would allow processing of applications for any existing PUC water utility. (14)
Holly Bruce, representing the Powell well application, requested that the
Board: (a) vote to not adopt the
ordinance, or (b) if it is adopted, include the list of exceptions. (15)
Mitzi Dallas expressed opposition to the drilling of wells in fractured
rock formations. (16) Steve Dallas
spoke in support of Urgency Ordinance No. 143 that would allow a 120 day to
period to study the issues related to drilling wells in granite rock. In addition, he requested that only
applications submitted by Griggs, Trosky, Frumpkin and Guenther should be
approved. All other applications
listed on Exhibit 20-B should be subject to the processing suspension. (17)
Bill Burleigh asked the Board to consider that there must be a valid
legislative purpose and sound factual basis to adopt the urgency ordinance. |
|
20. |
Consider Adoption of
Urgency Ordinance No. 143 Temporarily Suspending Processing and Receipt of
Applications for Water Distribution Systems in Fractured Rock Formations |
|
|
|
|
|
|
|
|
|
|
ACTION ITEMS |
||
|
On a motion by Director
Lehman and second of Director Markey, the Board received the update provide
by staff on a unanimous vote of 7 – 0. No comments were directed
to the Board during the public comment period on this item. |
|
21. |
Receive
Update on Proposal to Implement Stage 3 Water Conservation to Reduce Outdoor
Water Use |
|
|
|
|
|
|
|
|
Following the Pledge of
Allegiance, Director Markey offered a motion that was seconded by Director
Brower, to defer to the February 25, 2010 meeting item 22, Consider Adoption
of Resolution 2010-01 Expressing Support for the Proposed Monterey Regional
Water Supply Program (Regional Project).
The motion was approved unanimously on a vote of 7 – 0. |
|
22. |
Consider Adoption of
Resolution 2010-01 Expressing Support for the Proposed |
|
|
|
|
|
|
|
|
There was no discussion of
the Informational Items/Staff Reports. |
|
INFORMATIONAL ITEMS/STAFF REPORTS |
||
|
|
|
23. |
Letters Received |
|
|
|
|
24. |
Committee
Reports |
|
|
|
|
25. |
|
|
|
|
|
26. |
Water
Conservation Program Report for November 2009 |
|
|
|
|
27. |
Water
Conservation Program Report for December 2009 |
|
|
|
|
28. |
Monthly
Allocation Report |
|
|
|
|
29. |
Monthly
|
|
|
|
|
30. |
Monthly
Water Supply Status Report |
|
|
|
|
31. |
Quarterly
Water Supply Project Status Report |
|
|
|
|
32. |
Quarterly
Irrigation Program and Riparian Projects Report |
|
|
|
|
33. |
|
|
|
|
|
34. |
Quarterly
Water Use Credit Transfer Status Report |
|
|
|
|
|
||
|
The meeting was adjourned
at 10:05 PM. |
|
ADJOURN |
||
___________________________________
U:\staff\word\boardpacket\2010\20100225\ConsentCal\01\item1_exh1a.doc