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FINAL MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District January 27, 2005
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The
meeting was called to order at 7:00 PM in the Board Room of the Monterey
Regional Water Pollution Control Agency. Board
members present: Larry
Foy, Chair – Division 5 Kristi
Markey, Vice Chair – Division 3 Alvin
Edwards – Division 1 Judi
Lehman – Division 2 Michelle
Knight – Division 4 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors General
Manager present: David A. Berger District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. During
Oral Communications, Lou Haddad addressed the Board. He suggested that the Board should contest
the State Water Resources Control Board decision that groundwater in the Carmel River Basin is
underflow. Director
Lehman made a motion to approve the Consent Calendar with a correction to the
minutes of December 13, 2004. The
motion was seconded by Director Edwards and approved on a vote of 7 – 0. Approved with a correction to the minutes of December
13, 2004, page 4, item 13 – add the following text, “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.” Approved. Approved. Approved. Approved. Chair
Foy presented the resolution to Director Edwards. Directors Knight, Lehman and Potter
expressed appreciation for the leadership provided by Director Edwards. Director Edwards thanked the jurisdictions
for their cooperation in the past year.
He also thanked District staff, General Manager David A. Berger,
former General Manager Fran Farina, and past Vice Chair Larry Foy for their assistance. Henrietta
Stern, Project Manager, gave the presentation. An outline
is on file at the District office. An
outline of the presentation given by Darby Fuerst, Senior Hydrologist, is on
file at the District office. He
reported that California American Water (Cal Am) production from the Carmel
River was 12 acre-feet under the year-to-date target established following
adoption of Order 95-10 by the State Water Resources Control Board
(SWRCB). Production from the Seaside
Groundwater Basin was 500 acre-feet below the annual production target. Seaside Basin production is not counted
against Cal Am’s annual production limit from the Carmel River basin of
11,285 acre-feet established by SWRCB Order 95-10. A
summary of the presentation given by Stephanie Pintar, Water Demand Manager,
is on file at the District office. The
Board briefly discussed the proposed modifications. No action was taken. Ms.
Pintar noted that page 47 of the Board packet should be corrected in
paragraph 3, sentence 1 to read “December 17, 2005.” In addition, minutes of the March 9, 2004
Water Demand Committee meeting presented on page 51, should be replaced with
minutes of the September 14, 2004 committee meeting. Copies were available at the Board meeting. A
summary of the presentation given by Andy Bell, Planning and Engineering
Manager, is on file at the District office. An
outline of the presentation given by General Manager Berger is on file at the
District office. He recommended that
the Water Summit be deferred to April or May 2005, and that at the March 2005
Board meeting the Directors discuss the format and content for the Water
Summit. He asked Curtis Weeks, General
Manager of the Monterey County Water Resources Agency to report on the
Regional Urban Water Supply (RUWS) planning process. Mr. Weeks stated that the goal of the
planning group is to develop a specific set of issues for discussion and be “
as inclusive as we can” in the process and “allow everyone to participate in
order to be successful.” He explained
that the RUWS project might not be a single desalination facility, but a
series of smaller projects in conjunction with a larger project. Mr. Weeks noted that eventually it would
be necessary to bring the RUWS to the public for discussion. Presently the planning group must decide
how to work with all the agencies involved and the public, and also develop a
governance and management structure. District
Counsel Laredo stated that the Board discussed all five items of existing
litigation listed on the Closed Session agenda. No reportable action was taken. In addition, there was discussion but no
reportable action on the topic listed on the agenda as Public Employee Performance
Evaluation. Director
Pendergrass urged the Directors to participate in the next tour of purified,
reclaimed water facilities in Orange County (as yet unscheduled). He noted that the Monterey Regional Water
Pollution Control Agency (MRWPCA) is working on plans to utilize purified
water for aquifer recharge. He
proposed that a formal agreement be developed between MRWPCA and the District
on an aquifer storage and recovery project. Director
Markey suggested that the aquifer storage and recovery project proposed by
MRWPCA be included in the Water Supply Project Matrix at the upcoming Water
Summit. General Manager Berger stated
that he has asked Keith Israel, General Manager of the MRWPCA, to give a
presentation on the project at the March 21, 2005 Board meeting. Chair
Foy announced that he and General Manager Berger met with Curtis Weeks and
Ritchie Morgantini, Chair of the MCWRA Board.
Chair Foy and General Manager Berger plan to meet with the leadership
of other local agencies. Directors
Markey, Lehman, Knight, Pendergrass and Foy stated they received a telephone
call or voice mail from Christine Gianascol Kemp requesting a meeting on the
appeal. The Directors either declined
to meet, or refused to respond to the voice mail message. In addition, each Board member received a
letter dated January 19, 2005 from Christine Gianascol Kemp re the Bardis
appeal. The letter is on file at the
District office. Mr. Foy stated that
he received calls from many persons regarding the Bardis appeal advising him
that they would be speaking at the public hearing. Director Potter reported that he met with
Ms. Kemp and Mr. Bardis on December 20, 2004 to discuss their request. He again spoke with Mr. Bardis by telephone
on the afternoon of January 27, 2005 Director Markey made a motion that was seconded by Director Lehman to adopt the staff recommendation to deny the appeal and continue processing the permit as approved on November 24, 2004. The January 2005 deadlines for required signatures in the original November 2004 Conditions of Approval should be changed to March 2, 2005. The motion failed on a vote of 2 – 5. Directors Lehman and Markey voted in favor of the motion. Directors Edwards, Foy, Knight, Pendergrass and Potter were opposed. Director
Edwards made a motion to adopt Option 2.B of the staff recommendation to
continue the hearing until CEQA compliance is completed by the MPWMD to
enable Board approval. There was no
second to the motion. Director Potter offered a motion to continue the item until District staff has determined if CEQA review would be required in order to approve non-agricultural development water consumption above and beyond that described in the 1994 Grice report, as requested by Mr. Bardis. Director Edwards seconded the motion. The motion was approved on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in support of the motion. Directors Lehman and Markey were opposed. During
the Board’s discussion of Mr. Potter’s motion, Mr. Bardis stated that he
would pay for staff time to determine what type of CEQA review would be
required, but he would not pay for preparation of a CEQA document such as an
EIR. Director
Markey proposed an amendment to the motion to continue the item until options
for preparation of the CEQA review are explored including whether the County
of Monterey or the District should prepare the CEQA review. There was no second to the motion. During
the public hearing on this item, the following comments were directed to the
Board. (1) Cristo Bardis, the
applicant, took issue with Findings of Denial of Appeal Nos. 3, 5, 6, 8, 9,
10 and 11. He stated that to deny
the appeal would be absurd, and it would be wrong to force him to obtain a
court order that would result in a new water use factor. He refuted the District’s assertion that
his request to increase the amount of water allocated to residential use
could be challenged under CEQA. He offered to transfer to the County of Monterey 0.7 acre-feet of water
from his entitlement, if the County would grant him 0.7 acre-feet of water
for the project. Mr. Bardis stated
that he would indemnify the District against a challenge to the court order,
but not against a CEQA lawsuit. (2)
Robert Greenwood, representing the Carmel Valley Association, spoke in
support of the staff recommendation to deny the appeal. (3) Jenna Bradford, a resident of
Carmel Valley, spoke in support of Mr. Bardis’ appeal request. (4)
Patricia Bernardi, a resident of Carmel Valley, expressed support for the
staff recommendation to deny the appeal.
(5) Mike Thomas, Chairman of the Board of Trustees for All
Saints Day School, said that the school is interested in providing adequate
housing for the headmaster. He
characterized the applicant’s request to change residential water use from
0.444 AFY to 0.50 AFY as “such a miniscule issue.” Director Knight made a motion to adopt the staff
recommendation to make a finding of special circumstances with substantial
uncertainty for the proposed Sunrise Assisted Living of Carmel Valley subject
to conditions of approval outlined in the staff report, and the Conditions of
Approval identified as Exhibit 15-B.
In addition, the following modifications to the staff recommendation
should be approved. (1) The District shall debit 4.8 acre-feet of water from
the County of Monterey’s allocation for the project. (2)
Condition No. 3 should specify that the project must be completed
within 36 months of District approval
with a possible twelve-month extension upon proof of due diligence by the
applicant. The extension would be
approved at staff level. (3) The list of conservation measures shown in
Condition No. 4 should include the cistern that was identified by Mr.
Lombardo. (4) Condition Nos. 9 and 10
shall specify that District staff will have access to the water meter and
reports on the water use recorded at the meter. The motion was seconded by Director Edwards
and approved unanimously on a vote of 7 – 0. The
following comments were directed to the Board during the public hearing on
this item. (1) Anthony Lombardo,
representing the Gamboa family, requested that the Board support the request
for special circumstances and approve an allotment of 4.8 acre-feet of water
for the project. He asked the Board to
modify the Conditions of Approval to allow an extension of time for
completion of the project from 36 to 42 months. (2) Margaret Robbins stated that
the project as presented was superior to the plan submitted three years
ago. However, she expressed concerns
about the mitigations proposed should water use at the site exceed the 4.8
acre-foot allotment. (3) Patricia
Bernardi, resident of Carmel Valley, stated that she did not support the
project, but accepted the fact that it might be approved. She disagreed with the applicant’s request
for an extension of time to complete the project. (4) Donna Johnson, resident of
Carmel Valley, advised the Board that Carmel Valley and the greater Carmel
area lost 51 residential care beds as the result of the recent closing of two
residential care facilities. She urged
the Board to approve the application because of the need for a new
residential care facility in the Carmel area. (5) Steve Bradford,
resident of Carmel Valley, urged the Board to allocate all water necessary
for operation of the Sunrise Assisted
Living facility. (6) Mark Wilson,
resident of Pebble Beach, stated that the Board’s decision should be based
solely on the amount of water needed and how that is determined. It should not be based on the merits of the
project. (7) Denny Max, a
resident of Carmel Valley, expressed support for the applicant’s request to
extend the time needed to complete construction of the project from 36 to 48
months. (8) Janna Bradford, a resident of Carmel Valley, spoke in
support of the applicant’s request for an extension of time for completion of
construction. (9) Lucretia Butler,
a resident of Carmel Valley, expressed support for the project. There
was no discussion of these items. The
meeting was adjourned at 10:10 PM. |
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CALL TO ORDER/ROLL CALLPLEDGE
OF ALLEGIANCE ORAL
COMMUNICATIONS CONSENT
CALENDAR 1.
Consider Adoption of Minutes of the Regular Board
Meeting of December 13, 2004 and the Special Board Meeting of December 27,
2004 2.
Adopt Resolution of Appreciation to Alvin Edwards
for Service as Chair to the Board of Directors 3.
Ratify Board Committee Assignments for Calendar
Year 2005 4.
Approve Annual Update of Investment Policy 5.
Adopt Treasurer’s Report for the Month of November
2004 PRESENTATIONS 6.
Present Resolution of Appreciation to Alvin
Edwards 7.
Water Supply Project Alternatives Update GENERAL
MANAGER’S REPORT 8.
Status Report on California American Water
Compliance with State Water Resources Control Board Order 95-10 9.
Review and Discuss Potential Modifications to the
Expanded Water Conservation and Standby Rationing Plan 10.
Report on Carmel River Emergency Erosion
Protection Work 11.
Status Report Regarding District’s Proposed
“Summit Meeting” on Long-Term Water Supply Solutions ATTORNEY’S
REPORT 12.
Report on 5:30 PM Closed Session of the Board DIRECTOR’S REPORTS13.
Oral Reports on Activities of County, Cities,
Other Agencies/Committees/ AssociationsPUBLIC HEARINGS14.
Consider Appeal of Hearing Officer’s Determination
– Bardis Water Distribution System – APN 169-181-051 PUBLIC HEARINGS14. Consider Appeal of Hearing Officer’s Determination – Bardis Water Distribution System – APN 169-181-051 15.
Consider Determination of Special Circumstances
with Substantial Uncertainty (District Rule 24-G) for Sunrise Assisted Living
of Carmel Valley (APN: 015-021-036),
Val Verde drive, Carmel INFORMATIONAL
ITEMS/STAFF REPORTS 16.
Letters Received 17.
Committee Reports 18.
Strategic Planning Initiatives Progress Report 19.
Carmel River Fishery Report 20.
Water Conservation Program Report 21.
Monthly Allocation Report 22.
Monthly California-American Water Company
Production Report 23.
Monthly Water Supply Status Report 24.
Quarterly Water Supply Project Status Report 25.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 26.
Quarterly Irrigation Program and Riparian Projects
Report 27.
Quarterly Water Use Credit Transfer Status Report ADJOURNMENT |
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David
A. Berger, Secretary to the Board |
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