Board of Directors
Monterey Peninsula Water Management District
The meeting was called to order at 7:05 PM in the Seaside City Council Chambers.
Alexander Henson, Chair – Division 5
Judi Lehman, Vice Chair – Division 2
Alvin Edwards – Division 1
Molly Erickson – Division 3
Kris Lindstrom – Division 4
David Potter – Monterey County Board of Supervisors
David Pendergrass – Mayoral Representative
Acting General Manager present: Fran Farina
District Counsel present: David 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), accused The Monterey County Herald of biased reporting because a commentary he submitted was not published; however, a commentary by another author expressing opposition to the District was published. Mr. Dilworth noted that both commentaries can be viewed at the HOPE website. (2) Lou Haddad spoke in opposition to Consent Calendar items 8, 9 and 10. He described the proposals to fill three positions as a “waste of public funds.”
On a motion by Director Erickson and second by Director Lehman, Consent Calendar items 1 and 2 were pulled for separate consideration. The remainder of the Consent Calendar was approved unanimously with the exception of item 7 that was adopted on a vote of 5 – 1, Director Potter cast the opposing vote.
Director Erickson made a motion to approve the item with a clarification to the minutes of the May 29, 2003 Board meeting, page 12 of the Board packet, fifth paragraph: after the words “onsite water credits are available for” add the words “hospital related uses as analyzed in the two EIRs….” Director Lindstrom seconded the motion.
Director Erickson withdrew the motion and moved that adoption of the minutes of May 29, 2003 be continued to the July 21, 2003 Board meeting. District staff will review the audiotape of the motion and clarify the specific wording of the motion. Director Potter seconded the motion. District staff was also directed to submit the proposed clarification to representatives of Community Hospital of the Monterey Peninsula for their review and consent. The motion was approved on a vote of 6 – 0. Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Potter voted in favor of the motion. Director Pendergrass was absent.
Director Erickson offered a motion to approve the minutes of May 19, 2003 with the amendment requested by David Dilworth. The motion was approved unanimously by Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Potter. Director Pendergrass was absent.
David Dilworth requested that the minutes of the May 19, 2003 Board meeting be corrected. Under Oral Communications, a comment he made was incorrectly recorded as a reference to the question of hiring a consultant to lobby against SB149. The comment was intended as a reference to action taken by the mayors of cities within the District to formulate SB149.
The item was continued to the July 21, 2003 Board meeting so that District staff could clarify data provided in the report. The Directors were asked to provide questions and comments to Joe Oliver by June 23, 2003.
Approved on a vote of 5 – 1. Directors Edwards, Erickson, Henson, Lehman, Lindstrom voted in favor of the motion to approve. Director Potter voted against the motion.
Acting General Manager Farina did not present a report.
District Counsel Laredo reported on the Closed Session of May 19, 2003. The Board reviewed items listed on the agenda for May 19, 2003. District Counsel provided status reports but no action was taken by the Board. District Counsel Laredo noted that no Closed Session was conducted on May 29, 2003.
Chair Henson stated he and the other committee members, Directors Edwards and Erickson, had not met to discuss the issue. A report would be presented at the July 21, 2003 Board meeting.
Director Edwards requested that staff develop a timetable for processing the denial of California-American Water Company’s application for the New Los Padres Dam Project. The timetable should include a schedule of public hearings and a date for completion of the process. Director Edwards also requested that District staff schedule a review of the Water Conservation and Standby Rationing Program .
Director Erickson proposed a motion to adopt the FY 2003-2004 MPWMD Budget as presented, and accept reductions in two of the programs on the list of Potential Reductions shown on page 184 of the Board packet: Flood/Drought Reserve Contribution and Contingency. Director Lehman seconded the motion. The motion was adopted on a vote of 4 – 2. Directors Erickson, Henson, Lehman, and Lindstrom voted in favor of the motion. Directors Edwards and Potter voted in opposition to the motion. Director Pendergrass was absent.
The following comments were directed to the Board during the public hearing on this item. (1) David Dilworth complemented District staff on the budget format. He spoke in opposition to proposed budget reductions in expenditures for the Seaside ASR 2003 Testing Program, Brine Discharge Evaluation, and the CUPC Process Related to the Coastal Water Project. (2) Lou Haddad suggested that the District discontinue flood control efforts.
Director Edwards offered a motion to approve the water credit transfer, and to specify that 20 percent of the transferred water will be retained by the District. The motion was seconded by Director Potter. The motion was approved on a vote of 4 – 2. Directors Edwards, Henson, Lindstrom and Potter voted in favor of the motion. Directors Erickson and Lehman voted against the motion. Director Erickson requested that the record state that according to the District’s Rules and Regulations, the act of granting water credits is a discretionary action, subject to a determination by the Board of Directors.
(1) Todd Bessire, representing John Mandurrago, stated that in 1996 the Spinning Wheel restaurant use was abandoned and a water credit was established. Mr. Bessire offered to set aside 20 percent of the transferred water for the District’s conservation set aside, which is 5 percent more than District’s water use credit transfer rules required. Mr. Bessire stated that the applicant would agree to reimburse the owner an equivalent amount, equal to whatever the District’s connection fee is. (2) John Fischer noted that the District would retain 15 percent of the transferred water, which is characterized as .008 acre-feet, but the number should be 0.84 acre-feet. (3) David Dilworth asked why this request was brought before the Board when action was previously taken to defer all water credit transfers until an EIR on abolishment of the program was completed. He suggested that the Board prohibit Mr. Mandurrago from offering the property owner money in exchange for the transferred water credits.
Director Lindstrom proposed a motion that was seconded by Director Henson, to approve the staff recommendation to deny the variance request, and to adopt the Findings of Denial. District staff was directed to work with the applicant on developing a plan to obtain the necessary number of water credits through retrofitting and other conservation measures. The motion was adopted on a vote of 4 – 2. Directors Edwards, Henson, Lehman and Lindstrom voted in favor of this motion. Directors Erickson and Potter voted against the motion.
The following comments were directed to the Board during the public hearing on this item. (1) Bruce Zanetta corrected a statement made on page 200 of the Board packet, paragraph2, second sentence which states “the applicant did not pay a connection charge…..” Mr. Zanetta stated that he did pay a fee of $2,045. 76 to the City of Monterey for the purchase of the water credit to install the 6 showerheads. He submitted verification of payment for Board review. (2) Therese Beauclair, stated that the option of obtaining the necessary water credits for their expansion through water conservation measures was not acceptable. She and Mr. Zanetta paid the City of Monterey for the water credits that allowed installation of the showerheads. Those credits should be available for use on the property for their remodel. (2) David Dilworth, representing HOPE, suggested that if the District measured water use in gallons, instead of fixture unites, this issue would not be under consideration. He proposed that historical water use be based on actual gallons of water consumed. (3) Marc BJVque urged the Board to “have a little sympathy” for the applicant. He stated that the applicant was placed at a disadvantage because the District does not notify property owners when rules are modified.
The meeting was recessed at 9:10 PM and reconvened at 9:25 PM
Director Erickson offered a motion that was seconded by Director Lehman to continue this item to the next Board meeting with public comment to be limited to any changes provided.
Director Henson offered an amendment that this item be referred to the June 19, 2003 Water Demand Committee for review. Director Erickson accepted the amendment to her motion. The motion and amendment were adopted by the Board on a vote of 6 – 0. Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Potter voted in favor of the motion. Director Pendergrass was absent.
During the public hearing on this item Robert Greenwood spoke on behalf of Carmel Valley Association. He expressed objection to any extension of the CaZada Woods Water Distribution System permit because it would substantially increase demand on the Carmel River aquifer. He was also opposed to the addition of any new interties with California-American Water Company. (2) Marc BJVque, a resident of Monterey, asked who owned the water rights for the non-alluvial wells. He suggested that the District’s riverbank restoration projects be revegetated with plants that are native to this climate and do not require irrigation. (3) David Dilworth, representing HOPE, stated that the proposed Conditions of Approval should be supported with enough evidence so that they could be made a “function of the deed.” (4) Michael Waxer, representing CaZada Woods, expressed support for the staff recommendation. He stated that the application was consistent with modifications made by the State Water Resources Control Board to the CaZada Woods permit. He stated that there is no request for an intertie. Mr. Waxer noted that the applicant does support the staff recommendation regarding maintenance of a riverbank irrigation program. Mr. Waxer responded to questions from the Directors.
The item was continued to the July 21, 2003 Board meeting.
The item was continued to the July 21, 2003 Board meeting, and referred to the June 19, 2003 Water Demand Committee meeting for review and discussion.
This item was continued to the July 21, 2003 Board meeting.
There was no discussion of these items.
The meeting was adjourned to Closed Session at 10:15 PM.
The meeting was adjourned at approximately 11:20 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
GENERAL MANAGER’S REPORT
17. Consider Adoption of FY 2003-2004 MPWMD Budget
18. Consider Request by John Mandurrago to Transfer Water Credit from the Former Spinning Wheel Restaurant, Monte Verde and Ocean, Carmel APN 010-201-014, to the City of Carmel-By-The-Sea
19. Consider Variance Request from District Rules 24-C, Table 1: Residential Fixture Unit Count – 69 Via Cimarron, Monterey, CA 93940 – APN 001-462-005 – Applicants Bruce Zanetta and Theresa Beauclair
20. Consider Application to Amend CaZada Woods Water Distribution System Permit
21. Consider Adoption of July through September 2003 Quarterly Water Supply Strategy and Budget
22. Consider Draft Amendments to Memorandum of Agreement Regarding Management of the Seaside Groundwater Basin Between the MPWMD, Monterey County Water Resources Agency, and the Pajaro Valley Water Management Agency
23. Receive Comments on Draft Carmel River Threshold Report
INFORMATIONAL ITEMS/STAFF REPORTS
24. Letters Received
25. Committee Reports
26. Strategic Planning Initiatives Progress Report
27. Monthly Water Supply Project Status Report
28. Carmel River Fishery Report
29. Water Conservation Program Report
30. Water Use Credit Transfer Status Report
31. Monthly Allocation Report
32. Monthly Cal-Am Sales Report
33. Monthly Cal-Am Production Report
34. Production Report – CAWD/PBCSD Wastewater Reclamation Project
35. Monthly Water Supply Status Report
36. Report on Third Quarter Financial Activity
ADJOURN TO CLOSED SESSION
37. Conference With Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation Exists Pursuant to Subdivision (b) (3) (D) of Gov. Code Section 54956.9 (One Case)
38. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9)
A. Mary Currier, Chris Currier and Roy and Jeanell Kaminske v MPWMD, Case NO. M59299, Monterey County Superior Court
Fran Farina, Acting General Manager