Attachment 1
FINAL
November 17, 2003
Regular Meeting --
Board of Directors
Monterey Peninsula Water Management District
1. Nelson proposed a modification to the Errata sheet, page 1, item I.A, Finding No.16, line 4 – delete the words “for development.”
2. Erickson proposed a change to Finding No.16 (page 108) – The first sentence should be rewritten to state, “The Water Entitlement is not subject to these limitations. The SWRCB has concluded that the Water Entitlement consists of water liberated by the use of greater quantities of Recycled Water.” The last sentence in Finding No. 16 should be amended to read, “The MPWMD has and hereby does provide……..” In addition, a new sentence shall be added that states, “But for that accountability and monitoring, this ordinance would not be approved.”
3. Erickson proposed a change to Finding 21 (page 110) – The last sentence that begins with the words “It is the intent of the Board” should become a separate finding. The words “should all become” will be changed to “shall all become.”
4. Erickson proposed the addition of a final Finding -- “The intent of this Board is that, but for each and every requirement in this ordinance that serves the public interest through increased accountability, data gathering, and insuring of a successful operating mechanism to meet the project objectives, this ordinance would not be approved. The public accountability elements are essential to this ordinance. The public must be assured that the amount of entitlement water is not depleted. Due to the extraordinary action of selling the entitlement water, all elements that insure public accountability must be included.” Mr. Nelson stated that an exception could be made to the severability clause.
5. Henson proposed that Finding No.19, lines 4 and 5 (page 109) be amended to delete the words “only” and “four” and replace them with the words “including but not limited to.”
Director Erickson proposed a motion to frame the language of the Findings based on the Errata Sheet (page 1, items I.A and B) and direction provided by the Board, District staff and Counsel during the discussion. Director Lehman seconded the motion. The motion was adopted on a vote of 6 – 1. Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Potter voted in favor of the motion. Director Pendergrass voted in opposition to the motion.
Director Potter offered a substitute motion to continue adoption of the Findings to a subsequent meeting. District staff and Counsel could incorporate the suggested changes into the Findings, analyze the effects of those changes and bring the revised draft back to the Board for consideration. Director Potter agreed to defer action on the motion until later that evening when the Board completed its review of the Findings and Ordinance No. 109.
MODIFICATIONS
TO SECTION TWO
6. Erickson suggested a change to page 3 of the Errata Sheet, first paragraph in the last sentence, section (b). Add the word “new” in front of the words “potable water use.”
7. Erickson suggested a change to page 111, Section Two: Purpose. New wording was presented in the Errata Sheet, page 2. Ms. Erickson requested that the first sentence of the first paragraph be amended. At the end of the first sentence add the words, “in order to achieve the original objectives of the original project while providing public accountability.”
Director Lehman proposed a motion to frame the language of Section 2 of Ordinance No. 109 as presented on the Errata Sheet and as suggested by the Board, District staff and Special Counsel during the discussion. The motion was seconded by Director Erickson. The motion was approved unanimously on a vote of 7 – 0.
MODIFICATIONS TO SECTION THREE
8. Erickson suggested that the Errata Sheet be amended on page 4, paragraph J, line 4, delete the words “have been obtained by PBC” and add the words “are present.” On line 8, following the word “after,” add the words “notice of.”
9. Nelson suggested that the Errata Sheet be amended on page 4, paragraph J, line 5, by deleting the word “any,” and replacing it with the word “all.”
10. Erickson suggested that the Errata Sheet be amended on page 4, Section C.K., line 3, by deleting the words “have been obtained by PBC” and replacing them with the words “are present.”
11. Erickson suggested that Section Three, B (page 113) be amended. At the end of paragraph B, after the words “of this Section Three” add the following language, “Under no circumstances shall PBC keep any proceeds from such sales or conveniences.”
12. Nelson suggested that Section Three, B (page 113) be amended. In line 8 of paragraph B, remove the words “apply the” and replace them with the words “apply all.”
13. Erickson suggested that Section Three, E (page 114) be amended. Line 2 of paragraph E, replace the words “Any proceeds,” with the words “All proceeds.”
14. Farina suggested that Section Three, A (page 113) be amended. In line 6 of page 113, after the words “Water Use Permits” add the words “in 1992.”
15. Nelson suggested that Section Three F (page 115) be amended. In line 13 of paragraph F, after the words “shall be recorded,” add the words “by MPWMD.”
Director Lehman offered a motion to frame the language of Section Three of Ordinance No. 109 as outlined in the Errata Sheet and as suggested by the Board, District staff and Special Counsel. Director Erickson seconded the motion. The motion was adopted unanimously on a vote of 7 – 0.
MODIFICATIONS
TO SECTION FOUR
16. Lehman suggested that additional text be added to Section Four, A (5)(c) (page 119). On line 3 of (c), after the semi-colon, but before the word “and,” add the words “each such record shall be deemed a disclosable record available for public review.”
17. Nelson suggested that Section Four, E should be amended. On page 123, paragraph (d), remove the word “quantity,” and replace it with the actual amount of the water entitlement allocated to the benefited property.
18. Nelson suggested that Section Four, E (2) should be amended. On page 123, last paragraph, lines 6 and 7, delete the words “Estimated usage shall” and replace with the words “Fees and charges shall be calculated based upon.”
19. Henson suggested that Section Four A (5) be amended. On page 119, paragraph (5), delete the words “through issuance of a water use permit.”
20. Nelson suggested that Section Four, F, 3, be amended. On page 125, item 3, line 4, after the words “MPWMD shall give,” add the words “CAWD/PBCSD, Cal-Am and.” In addition, line 8 should be amended by inserting the words “CAWD/PBCSD, Cal-Am and” after the words MPWMD shall give.
Director Lehman proposed a motion to adopt the framework for Section Four of Ordinance No. 109 based on the Errata Sheet and suggestions by the Board, District staff and Special Counsel. Director Erickson seconded the motion. It was adopted unanimously on a vote of 7 – 0.
MODIFICATIONS
TO DEFINITIONS
21. Erickson requested that page 7 of the Errata Sheet, item 1(a) not be accepted by the Board. She asked that the words “by whomever incurred” not be included in the definition of Capital Costs in the CEQA Findings.
22. Nelson suggested that the definition of “Interruption” be changed such that the time period for determining an interruption is reduced to 12 hours. He proposed a change to the definition of “Interruption” on page 129 by deleting the number “24” and replacing it with the number “12.”
23. Erickson requested that the definition of “Supplemental Financial Commitment” be amended. On page 7 of the Errata Sheet, item 3 (1), line 1, after the words “irrevocably committed” insert the words “in writing.”
24. Erickson suggested that the definition of “Supplemental Financial Commitment” be amended. On page 8 of the Errata Sheet, item (2), remove the second paragraph and insert it into Section Three of the Findings as paragraph L (page 118). In addition, delete the reference to “decribed” and replace it with the word “described.”
25. Erickson requested that the definition of Financial Commitment on page128 be amended to provide an estimate of what costs the $22 million will cover.
26. Lindstrom suggested that the definition of Financial Commitment on page 127 be amended in section (i). In line 5, following the words “accepted accounting principles” insert the phrase “subject to independent audit and review pursuant to the supplemental construction and operating agreement.”
Director Lindstrom offered a motion to adopt the framework for changes to the definitions in Ordinance No. 109, as outlined in the Errata Sheet and suggested by the Board, District staff and Counsel. The motion was seconded by Director Lehman. The motion was approved unanimously on a vote of 7 – 0.
MODIFICATIONS
TO SECTION FIVE
Director Lehman proposed a motion to adopt the framework for Section Five of Ordinance No. 109 including suggestions outlined in the Errata Sheet. The motion was seconded by Director Potter and adopted unanimously on a vote of 7 – 0.
MODIFICATIONS
TO SECTION SIX
27. Nelson suggested that the first paragraph in Section Six on page 134 be amended. In line 2, delete the word “furnishes” and replace it with the word “provides notice of.”
Director Lindstrom proposed a motion that was seconded by Director Potter to adopt the framework for Section Six of Ordinance No. 109 proposed by Special Counsel. The motion was approved unanimously on a vote of 7 – 0.
MODIFICATIONS
TO SECTION SEVEN
Director Erickson proposed a motion that was seconded by Director Potter to approve the framework language related to Section Seven of Ordinance No. 109 that was outlined in the Errata Sheet. The motion was approved on a vote of 7 – 0.
MODIFICATIONS
TO SECTION EIGHT
28. Nelson suggested that Section Eight, Severability and Effective Date, be amended to clarify that accountability is an essential component of Ordinance No. 109.
29. Erickson suggested that on page 135, in the second paragraph of Section Eight, line 4, the word “should” must be deleted and replaced with the word “shall.”
Director Erickson offered a motion that was seconded by Director Lindstrom to amend the framework language related to Section Eight of Ordinance No. 109 suggested by the Board and Special Counsel. The motion was adopted unanimously on a vote of 7 – 0.
30. Director Lindstrom requested that the color map of the Del Monte Forest, referred to as Exhibit B, should be incorporated into the ordinance.
CEQA FINDINGS
31. Director Lindstrom requested that Finding No. 38 be amended by striking out section (a) on page 151. In addition, modify (b) by adding the words “as they relate to this ordinance which addresses project financing” after the words “in Finding No. 39.”
32. Erickson requested that Finding No. 40 be deleted and that new language be added that discusses how strict adherence to every condition requiring monitoring of actual usage of the water entitlement will ensure no overuse of that entitlement amount and provide public accountability. She expressed concern that Finding No. 40 addresses land use issues, which may not be appropriate in Ordinance No. 109. She expressed similar concerns with Finding Nos. 22, 23 and 24. District Counsel Laredo proposed that Finding No. 40 should not be deleted, but it could be split into discreet elements. A new finding could be developed that addresses accountability and strict adherence. In addition, Counsel Laredo would review Finding Nos. 31, 38 and 40.
Director Potter offered a motion to approve the framework wording related to the CEQA Findings that was suggested by the Board and District Counsel. The motion was seconded by Director Lindstrom and adopted unanimously on a vote of 7 – 0.
Director Potter proposed a motion that was seconded by Director Erickson to continue this item to the November 24, 2003 Board meeting. The motion was adopted unanimously on a vote of 7 – 0.
District staff was directed to complete a summary of the November 17, 2003 Board meeting and submit it to District Counsel and interested parties by 5 PM on November 18, 2003. District Counsel should provide the revised Ordinance No. 109 and CEQA Findings to staff by 5 PM on Wednesday, November 19. The Board packet will be produced and distributed on Thursday, November 20, 2003. All comments from interested parties must be submitted to the District by Friday, November 21, 2003 so they can be duplicated and transmitted to the Board prior to the November 24, 2003 meeting.
U:\Arlene\word\2003\Board Meetings\Minutes\final111703atchmnt1.doc
A. Tavani, 12/10/03, Ord 109
CEQA Findings, 5 pages, 11:00 AM