Board of Directors
Monterey Peninsula Water Management District
December 13, 2004
The meeting was called to order at 7 PM in the Board Room of the Monterey Regional Water Pollution Control Agency.
Alvin Edwards, Chair – Division 1 (Participated by telephone)
Larry Foy, Vice Chair – Division 5
Judi Lehman, Division 2
Kristi Markey, Division 3
Michelle Knight, Division 4
David Potter, Monterey County Board of Supervisors
David Pendergrass, Mayoral Representative
General Manager present: David A. Berger
District Counsel present: David C. Laredo
Chair Edwards who was participating by telephone, asked Director Foy to serve as Acting Chair. Director Foy asked the assembly to observe a moment of silence in consideration of Chair Edwards due to the recent death of his grandmother.
The assembly recited the Pledge of Allegiance.
No comments were directed to the Board during Oral Communications.
On a motion by Director Knight and second the Director Lehman, the Consent Calendar was approved unanimously on a vote of 6 – 0. Directors Edwards, Foy, Knight, Lehman, Markey and Potter voted in favor of the motion. Director Pendergrass was absent.
Director Foy announced that items 8B and 11 would be discussed following the Public Hearing items. In addition, item 18 was continued to a special Board meeting scheduled for December 27, 2004 at 9 AM in the District conference room.
Acting Chair Foy presented the resolution to Sherron Forsgren.
Director Edwards departed from the meeting prior to the presentation under Item 8-B at approximately 9 PM.
Henrietta Stern presented this item late in the evening after consideration of item 11. An outline of Henrietta Stern’s report is on file at the District office.
Joe Oliver, Water Resources Manager, reported that between October 1, 2004 and December 12, 2004, California American Water has produced 1,696 acre-feet of water from the Carmel River. Cal Am’s production was 41 acre-feet under the limit established by State Water Resources Control Board (SWRCB) Order 95-10. Mr. Oliver announced that the community will move from Stage 3 to Stage 1 of the Water Conservation and Standby Rationing Plan because Cal Am water production has been below the SWRCB limit for two consecutive months. The Board directed that District staff continue to present this report each month.
General Manager Berger announced that Cal-Am has filed a preliminary application for a general rate case with the California Public Utilities Commission (PUC). The application would cover the period of 2006 through 2009. District staff will keep the Board of Directors and public apprised of any comments the District should file with the PUC concerning the rate case. Steve Leonard, General Manager of Cal-Am, stated that a preliminary draft of the rate case application was submitted to the PUC per a new application process that has been established. The final application will be submitted in January 2005. Presently, a 30 percent rate increase is proposed. A large part of the 30 percent increase is expected to fund environmental mitigation programs. The application will be available to the public in February 2005. Public hearings will be conducted on the application.
District Counsel Laredo gave a status report on Cal-Am’s application to the PUC to consolidate Monterey and Felton area rates. He reported that at the public participation hearings conducted in December, 43 speakers spoke against the rate consolidation and one person expressed support. Regarding Cal Am’s request to defer a moratorium on the Peninsula, Mr. Laredo reported that the Office of Ratepayers Advocate has requested a public hearing. No further action has been taken by the PUC. At the Closed Session, Mr. Laredo provided the Board with a status report on Cal Am versus City of Seaside et. al., but no action was taken. Mr. Laredo also updated the Board on Save Our Carmel River versus the MPWMD, but no action was taken.
Director Lehman reported on the November 30 through December 1, 2004 tour of Los Angeles and Orange County purified, reclaimed water facilities that was organized by the Monterey Regional Water Pollution Control Agency. Director Pendergrass and David Berger also attended. Director Lehman will submit a written report to the Board.
Director Knight expressed concern regarding the new application process established by the PUC, that requires a waiting period before an application is available for public review. General Manager Berger agreed to prepare a letter to the PUC.
Director Lehman commended District staff for organizing the December 9, 2004 Holiday Open House. Director Foy noted that the excellent visual presentations developed by staff could be incorporated into a television show to be aired on Access Monterey Peninsula.
Director Markey reported that she and Director Foy met with Michael Waxer and Alan Williams regarding the Monterra Ranch Water Distribution System. All potable water issues have been resolved. More information is needed before the Board can make a determination on the non-potable water distribution system. District staff was directed to schedule another meeting with the applicant in early January 2005.
Director Edwards proposed a motion that was seconded by Director Knight to approve the water use credit transfer and the four conditions of approval listed in the staff report.
Director Lehman offered an amendment to the motion, to add another condition specifying that the Board would review and take action on the conditional water permit, instead of allowing District staff to handle it. There was no second to the motion.
The motion to approve the water use credit transfer was approved on a vote of 4 – 2. Directors Edwards, Foy, Knight and Potter voted in favor of the motion. Directors Lehman and Markey voted against the motion. Director Pendergrass was absent.
During discussion of this item, Acting Chair Foy asked that District staff bring before the appropriate Board committee a discussion regarding the possible modification of the water use credit expiration period for redevelopment projects.
The following comments were directed to the Board during the public hearing on this item. (1) Diana Ingersoll, urged the Board to approve the water credit transfer. She noted reasons why the project could not be completed within the ten-year time period for expiration of water credits. She stated the City of Seaside consents to all Conditions of Approval and will send a letter to the District affirming its support. (2) Ralph Rubio, Mayor for the City of Seaside and Chair of the Seaside Redevelopment Agency, stated that the city is looking for opportunities for infill. The transfer would allow the City to maximize the resources they have.
Director Potter offered a motion that was seconded by Director Knight to approve the application, Conditions of Approval and Findings of Approval, and authorize the filing of the Notice of Exemption. In addition: (1) Condition No. 2 would be modified by deleting the words “and irrigated agriculture;” (2) the conditions will specify that a landscape plan must also be submitted and approved by the MPWMD General Manager; and (3) Condition 9 would also be amended to require that the installation of a Cal Am meter shall be completed within 60 days of approval by the PUC. The motion was approved on a vote of 5 – 1. Directors Edwards, Foy, Knight, Markey and Potter voted in favor of the motion. Director Lehman was opposed. Director Pendergrass was absent.
The following comments were directed to the Board during the public hearing on this item. (1) Derinda Messenger, representing the applicant, requested an extension of time to comply with Condition 9 that would require installation of 450 feet of water line and the water meter by February 24, 2005. She asked for an extension of 60 days following PUC approval of the Advice Letter. Ms. Messenger also requested that the requirement for her client to pay the water connection permit be deleted, if it can be shown that it was paid in 1982. Ms. Messenger stated that the applicant would agree to addition of language to Condition No. 2 stating that there would be no commercial agriculture on the site. (2) Robert Greenwood, representing the Carmel Valley Association, urged the Board to approve the application per Option 3, outlined in the staff report. He asked how many existing Cal Am connections are outside of the Cal Am service area.
Director Potter offered a motion to continue this item to the February 24, 2005 Board meeting. Director Foy seconded the motion, which was approved unanimously on a vote of 6 – 0. Directors Edwards, Foy, Lehman, Markey, Knight, and Potter voted in favor of the motion. Director Pendergrass was absent. District Counsel was asked to provide the Board with an opinion on the phrase “unity of ownership” in District Rule 11.
The following comments were directed to the Board during the public hearing on this item. (1) Robert Greenwood, representing the Carmel Valley Association, asked for clarification of the term “site.” (2) John Fisher, resident of Pacific Grove, agreed that the item should be continued to a future Board meeting. (3) Eric Marsh, property owner and Secretary/Treasurer for Las Villas Nogales Home Owners’ Association, asserted that the association property does meet the Districts’ requirement for “unity of ownership” because each of the four homes in the association are individually owned, but the homeowners’ association property is under joint ownership by those four property owners. He agreed with the suggestion to continue the item. However, he asked the Board to consider that the association was not asking for additional water, it was seeking to conserve water and create water credits as allowed by the District’s rules and regulations.
Director Potter departed from the meeting at approximately 8:45 PM, prior to the hearing on Item 15.
Director Lehman made a motion that was seconded by Director Edwards to approve the second reading of Ordinance No. 118, to direct staff to file a Notice of Exemption and develop Implementation Guidelines as outlined in the staff report. The motion was adopted unanimously on a vote of 5 – 0. Directors Edwards, Foy, Lehman, Markey and Knight voted in favor of the motion. Directors Pendergrass and Potter were absent. No public comment was directed to the Board during the public hearing on this item.
Director Knight made a motion that was seconded by Director Lehman to adopt the January through March 2005 Quarterly Water Supply Strategy and Budget. The motion was approved unanimously on a vote of 5 – 0. Directors Edwards, Foy, Lehman, Markey and Knight voted in favor of the motion. Directors Pendergrass and Potter were absent.
No public comment was directed to the Board during the public hearing on this item.
On a motion by Director Foy and second by Director Lehman, the Board unanimously approved the staff recommendation to upgrade the District’s conference room to accommodate the Board meetings at a cost not-to-exceed $30,000. If it is determined that risers should be installed to improve visibility, the not-to-exceed cost would be $35,000. The motion was approved unanimously on a vote of 4 – 0. Directors Foy, Lehman, Knight and Markey voted in favor of the motion. Directors Edwards, Pendergrass and Potter were absent.
The following comments were directed to the Board during the public comment period on this item. (1) John Fisher, resident of Pacific Grove, expressed support for conducting the meetings at the Monterey City Council Chambers, because it is conveniently located for the public. (2) Robert Greenwood agreed with Mr. Fisher’s remarks.
This item was deferred to the special Board meeting of December 27, 2005.
There was no discussion of the Informational Items/Staff Reports.
The meeting was adjourned at 9:15 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Adoption of Minutes of the November 15, 2004 Regular Board Meeting
2. Receive and Accept Report on Water Year 2004 Seaside Basin Injection Testing Program
3. Consider Adoption of Resolution of Appreciation for Sherron Forsgren Upon Retirement from the District
4. Authorize Expenditure of Budgeted Funds for Development of the Public Involvement Component of the Seaside Basin Groundwater Management Plan
5. Consider Recommendation to Improve Efficiency in Production of Certain Informational Staff Reports
6. Consider Approval of First Quarter Investment Report
7. Adopt Treasurer’s Report for the Month of October 2004
8A. Present Resolution of Appreciation to Sherron Forsgren
8B. Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
9. Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
A. Tehama-Monterra/Cañada Woods Water Distribution System Committee (Foy and Markey)
INFORMATIONAL ITEMS/STAFF REPORTS
David A. Berger, Secretary to the Board