Board of Directors
Monterey Peninsula Water Management District
The meeting was called to order at 7:00 PM in the Seaside City Council Chambers.
Board members present:
Zan Henson, Chair – Division 5
Judi Lehman, Vice Chair – Division 2
Alvin Edwards – Division 1
Molly Erickson – Division 3 (Arrived at 7:15 PM)
Kris Lindstrom – Division 4
David Pendergrass – Mayoral Representative
David Potter – Monterey County Board of Supervisors
Board members absent: None
Acting General Manager Fran Farina: Present
District Counsel: Absent
The assembly recited the Pledge of Allegiance.
The following persons addressed the Board during Oral Communications. (1) Edwin Lee introduced himself as a member of Water For Us and a former member of the District’s Water Augmentation Committee. He proposed that the Directors should apologize to the public for stopping the construction of a dam on the Carmel River, and refusing to allow the people to vote on the most cost effective and environmentally sound solution to the water supply problem. (2) Mark Beique asked District staff to explain why the District’s resources are spent on monitoring privately owned wells for water quality. (3) Sheryl McKenzie requested that Board packets be available for review on the District’s web site, in order to provide the public with easy access to the materials prior to the Board meeting. (4) Don Basseri addressed the Board on Consent Calendar item 3. He requested that the Board deny the variance extension so that the project developer would be forced to begin the permitting process again. He believed that fundamental flaws in the project would be revealed if an EIR were required for the project. (5) Edwin Lee expressed opposition to approval of Consent Calendar item 2. He stated that it would be a waste of money to retain a contractor, and suggested that the District hire someone to take photos of the study area.
On a motion by Director Pendergrass and second by Director Edwards, the Consent Calendar items were approved, except for items 1 and 3 that were pulled for separate consideration. The motion to approve was adopted on a vote of 6 – 0. Directors Edwards, Henson, Lehman, Lindstrom Pendergrass and Potter voted in favor of the motion. Director Erickson was absent.
No action was taken on this item because minutes were not presented for approval. The minutes will be presented at the August 28, 2003 Board meeting.
On a motion by Director Potter and second by Director Edwards, the request for a variance was approved on a vote of 6 – 1. Directors Edwards, Erickson, Henson, Lehman, Potter and Pendergrass voted in favor of the motion. Director Lindstrom voted in opposition to the motion.
Acting General Manager Farina reported that candidates for the November 2003 Board member election in voter divisions 3, 4 and 5 will receive Board packets through the end of October 2003. In addition, the candidates will be invited to attend a briefing on September 11, 2003 where they will meet with key staff members and learn about the functions of the District. Ms. Farina noted that the Directors received the complaint filed by the California-American Water Company to adjudicate the Seaside Goundwater Basin. District staff will bring a recommendation to the Board on this item in the future. Ms. Farina referred to a letter dated July 24, 2003 from the Independent Reclaimed Water Users Group regarding high sodium levels of reclaimed water applied to golf courses in the Del Monte Forest, and stated that staff would provide the Board with additional information in the future. She advised the Board that the recent purchase of a new photocopier will enable the District to publish Board packets on the web site, once additional software is purchased and the procedure is thoroughly tested.
District Counsel David Laredo could not attend the meeting, so Acting General Manager Farina presented a report prepared in advance by Mr. Laredo. She stated that the Closed Session of July 21, 2003 convened at 5 PM. The Board held two conferences with its legal counsel. The first was to review the court’s final order in the case of Currier & Kaminske v. MPWMD (Case No. M59299). The Board directed the payment of sixty-seven thousand eight hundred fifty-seven dollars and thirty-nine cents ($67,857.39) payable to Sumaro Trust to satisfy, in full, all reimbursable legal fees, costs and/or expenses incurred on behalf of the plaintiffs. Directors voting in favor were Henson, Edwards, Pendergrass, Lehman and Lindstrom. Directors voting in opposition were Erickson. Director Potter was absent. The Board’s second conference with legal counsel was to review the status of a single matter that presented significant exposure to litigation. The Board provided direction to staff and counsel; no other reportable action occurred in this closed session. The Board adjourned to regular session at 7:00 PM.
Director Lindstrom read excerpts from a report on Seawater Desalination prepared by the California Coastal Commission (please refer to Attachment A). Mr. Lindstrom concluded his comments by stating that his review of the California Coastal Commission Report has brought him to the realization that the Board is on the right track and on the road to a successful desalination facility in the public interest.
Director Erickson requested that a report be included in the weekly letter from the Acting General Manager to the Board of Directors that quantifies the amount of water from the Carmel River system and Seaside aquifer that is being provided to the Ryan Ranch Water Distribution System. In addition, she asked for an estimate of how much water is expected to be used overall before the replacement well is on line.
Chair Henson announced that item 11 would be considered before item 10. He welcomed the candidates for election to the Board that were in attendance: Mark Beique and Kristi Markey (District 3), Robert Pacelli (District 4), and Larry Foy (District 5).
Director Erickson offered a motion that was seconded by Director Potter, to deny the November 12, 1996 application to amend the California-American Water Distribution System and construct the Carmel River Dam and Reservoir Project, based on the Findings of Denial presented as Exhibit 9E in the staff report.
Director Erickson offered an amendment to the motion that was approved by Director Potter, to adopt the Findings of Denial presented as Exhibit 9E with the following amendments: (1) the title of the Findings of Denial should read “Findings of Denial for November 12, 1996 Application by California-American……”; (2) amend the title of the Findings to state that this is “the final decision of this Board on the application;” and (3) add Finding No. 18, which will read “The community has demonstrated that it does not want a dam like this and when given a choice between pro-dam and anti-dam candidates has elected water Board directors who question the dam. Supporting evidence is the 1995 vote by this community against the dam, a dam identical to this Cal-Am proposal; the 1999 and 2001 elections of Directors who questioned the dam as environmentally harmful, unachievable, too expensive and undesirable; and the 1996 and 2000 District 5 Supervisorial elections.” The amended motion was approved on a vote of 5 – 2. Directors Erickson, Henson, Lehman, Potter and Lindstrom voted in favor of the motion. Directors Edwards and Pendergrass voted against the motion.
Director Erickson offered a motion that was seconded by Director Potter, to immediately direct staff and legal counsel to take measures to obtain payment from Cal-Am for all unpaid reimbursement of the EIR costs owed to date. The motion was approved on a vote of 7 – 0.
The following comments were directed to the Board during the public hearing on items 9.A and 9.B. (1) Edwin Lee stated that Administrative Law Judge Cook prepared a draft decision recommending that the California Public Utilities Commission (CPUC) dismiss Cal-Am’s application without prejudice. He urged the Board to refrain from taking any action on Cal-Am’s application until the CPUC has made a determination. Regarding item 9.B, Mr. Lee expressed his hope that the costs calculated for collection from Cal-Am do not include charges associated with projects other than an EIR on a dam project. (2) David Dilworth, representing Helping Our Peninsula’s Environment (HOPE), urged the Board to deny the application with prejudice, and without delay. According to Mr. Dilworth, the dam proposal that was rejected by the voters in November 1995 is identical to the present proposal. He noted that NOAA Fisheries took a stand in opposition to the dam project. Mr. Dilworth stated that the dam proposal would destroy habitat critical to the survival of the Carmel River steelhead. (3) Mark Beique, a candidate for election to the Board in Division 3, stated that the dam project does have its good points. He requested that considering the significant monetary investment the community has made in the dam project, the Board should delay a decision on the application. Regarding item 9.B, he opined that Cal-Am should be held responsible for any task orders it signed. (4) Steve Leonard, Manager of California-American Water Company, stated that the company is moving forward on development of the Coastal Water Project, but is not moving ahead on the dam project. He requested that the Board keep the application active, because on August 21, 2003, the CPUC was scheduled to take action on the application. He noted that Cal-Am has kept the CPUC application open because State Water Resources Control Board Order 95-10 requires that an application for construction of a dam be active and moving forward. Regarding item 9.B, Mr. Leonard explained that he discussed this with District staff member Henrietta Stern, and he is researching the issue to determine why the bills have not been paid. (5) Lou Haddad explained that one of the conditions of approval of Cal-Am’s application is to account for 3,000 acre-feet of water set aside for Cal-Am on Table 13 in SWRCB Decision 1632. He recommended that Cal-Am assert this windfall and reduce the need to replace 10, 730 acre-feet by 3,000 acre-feet. (6) Robert Pacelli, a candidate for election to the Board in Division 4, recommended that the District place a lien on Cal-Am so that the public could ultimately acquire the company and operate it as an institution that is responsive to the people who voted against the dam.
Director Potter offered a motion that was seconded by Director Lehman, to approve the amended timeline for recruitment of the General Manager as follows: September 15, 2003 consider approval of candidate profile and recruitment advertisement; week of November 3, 2003 receive resumes from candidates; early December 2003 receive recommendations from consultant on candidates to consider for the position; early December 2003 conduct candidate interviews; January 2004 conduct second round of interviews; January 15, 2004 make offer to successful candidate; and February 2004 new General Manager anticipated to begin employment with the District.
No comments from the public were directed to the Board on this item.
Director Lindstrom offered a motion that was seconded by Director Potter, to adopt the staff recommendation to amend the Wastewater Reclamation Project Fiscal Sponsorship Agreement to include the PBCSD site in the list of benefited properties, and adopt Resolution 2003-07 that amends the agreement.
Director Erickson offered an amendment to the motion to: (1) attach to Resolution 2003-07 the map of the project area that was submitted by staff that evening; and (2) amend paragraph No. 2 of the resolution by inserting the words “2.5 acre fire station site (APN 008-031-009)” after the words “adjacent to its.” Director Potter seconded the motion only after the applicant indicated agreement with the amendment.
Director Erickson offered an amendment to the motion. In paragraph No. 4 of the resolution, insert the words “now designated as APN 008-031-009” after the words “4.7 acre parcel.” Director Potter seconded the motion.
Director Erickson offered an amendment to the motion. The legal description of the 4.7-acre parcel to be added to the list of benefited properties (Exhibit 11-A on page 139 of the staff report) will be attached to Resolution 2003-07 as Attachment B. Chair Henson seconded the amendment.
The motion and amendments were unanimously adopted by the Board on a vote of 7 – 0.
The following comments were directed to the Board during the public comment period on this item. (1) Leo Laska, President of the Board of Directors of the Pebble Beach Community Services District, urged the Board to approve the amendment to the Reclamation Project Agreements and designate the fire station site as a benefited property. (2) Mike Niccum, Pebble Beach Community Services District, explained that the entire 4.7-acre parcel was assigned one assessor’s parcel number. The original 2.5-acre parcel is the area that is to be included as a benefited property.
There was no discussion of the Informational Items/Staff Reports.
The meeting was adjourned at approximately 9:00 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Approval of Minutes from the Regular Board Meeting of July 21, 2003
2. Consider Authorization of Contract with California State University Monterey Bay for Carmel River Large Woody Debris Assessment
GENERAL MANAGER’S REPORT
7. Report on Closed Session of July 21, 2003
9. A. Consider Denial of Application to Amend the California-American Water Company (Cal-Am) Water Distribution System to Construct Carmel River Dam and Reservoir Project (CRD&R)
B. Authorize Action to Collect District Costs Relating to CRD&R Analysis from Cal-Am
10. Consider Approval of General Manager Recruitment Strategy
11. Consider Amending the Original Pebble Beach Reclamation Project Agreements to Designate the Pebble Beach Community Services District (PBCSD) Fire Station Site as a “Benefited Property”
INFORMATIONAL ITEMS/STAFF REPORTS
11. Letters Received
12. Committee Reports
13. Strategic Planning Initiatives Progress Report
14. Monthly Water Supply Project Status Report
15. Carmel River Fishery Report
16. Water Conservation Program Report
17. Monthly Allocation Report
18. Monthly Cal-Am Sales Report
19. Monthly Cal-Am Production Report
20. Production Report – CAWD/PBCSD Wastewater Reclamation Project
21. Semi-Annual Financial Report on CAWD/PBCSD Wastewater Reclamation Project
22. Monthly Water Supply Status Report
Fran Farina, Secretary to the Board