EXHIBIT 1-A
MINUTES
Regular Meeting
Board of Directors
Monterey Peninsula Water
Management District
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The meeting was called to order at 7:25 PM in the District conference room. Directors
present: Alexander
Henson, Chair – Division 5 Judi
Lehman, Vice Chair – Division 2 Alvin
Edwards, Division 1 Molly
Erickson, Division 3 (arrived at 7:28 PM) Kris
Lindstrom, Division 4 David
Pendergrass, Mayoral Representative David
Potter, Monterey County Board of Supervisors Directors
absent: None General
Manager: Fran Farina District
Counsel: David C. Laredo The
Assembly recited the Pledge of Allegiance. David
Dilworth, representing Helping Our Peninsula’s Environment (HOPE), thanked
Directors Henson, Erickson and Lindstrom for their efforts over the past four
years. He expressed appreciation for
their actions on behalf of the public trust. On a motion by Director Potter and second by Director Erickson, the Consent Calendar was unanimously approved on a vote of 7 – 0. Approved. Approved. Approved. Approved. Approved. General
Manager Farina introduced Henrietta Stern, Project Manager, who presented an
update on initial hydrologic evaluations for the proposed Seaside Desalination
Project. This study will help
determine the feasibility and capacity of a seawater desalination
project. The information gained will
also be useful to evaluate any potential use of the aquifer. Director
Erickson requested that the Water Demand Committee or the Board of Directors
discuss issues regarding the proliferation of new wells being drilled in the
Pebble Beach Area, that were raised in a September 9, 2003 letter signed by
Janice O’Brien. Director Erickson
noted that she shared the concerns expressed in the letter. Action
taken by the Board on this issue is listed in the order that motions were
presented and voted upon. Please
refer to Attachment 1 for a list of
all changes proposed for Draft Ordinance No. 109 and the CEQA Findings. 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 (refer to Attachment 1). 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. 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 (see Attachment 1). The motion was seconded by Director Erickson. The motion was approved unanimously on a
vote of 7 – 0. 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 (see Attachment 1). The motion was adopted unanimously on a vote of 7 – 0. 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 (see Attachment 1). Director Erickson seconded the motion. It was adopted unanimously on a vote of 7 – 0. 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 (see Attachment 1). The motion was seconded by Director
Lehman. The motion was approved
unanimously on a vote of 7 – 0. Director Lehman proposed a motion to adopt the framework for Section Five of Ordinance No. 109 including suggestions outlined in the Errata Sheet (see Attachment 1). The motion was seconded by Director Potter and adopted unanimously on a vote of 7 – 0. 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 (see
Attachment 1). The motion was
approved unanimously on a vote of 7 – 0. 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. Director Erickson offered a motion that was seconded by Director Lindstrom to amend the framework language related to Section Eight of Ordinance No. 109 as suggested by the Board and Special Counsel (see Attachment 1). The motion was adopted unanimously on a vote of 7 – 0. Director Potter offered
a motion to approve the framework wording related to the CEQA Findings that
was suggested by the Board and District Counsel (see Attachment 1). 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. The
following comments were presented to the Board during the pubic hearing on
this item. At the close of the public comment period, Chair Henson closed the
Public Hearing on the Second Reading of Ordinance No. 109. (1) Thomas Jamison, representing
Pebble Beach Company, expressed appreciation for work accomplished by Special
Counsel Carl Nelson on incorporating revisions into Ordinance No. 109
following the first reading. Mr.
Jamison stated that changes to Ordinance No. 109 proposed in the Errata Sheet
are appropriate and necessary, and suggested that the Board adopt those
changes. Mr. Jamison submitted an
additional Errata Sheet for Board consideration that evening (on file at the
District office). He expressed
dissatisfaction with proposed rules that would require properties that access
entitlement water to submit to special enforcement provisions and deed
restrictions. He noted that use of
the entitlement water on properties within the Del Monte Forest cannot be
classified as a water transfer, and that the original water entitlement was
validated in Monterey County Superior Court.
(2) Lloyd Lowrey, an attorney with the firm of Noland, Hamerly,
Etienne and Hoss, representing the Independent Reclaimed Water Users Group
(IRWUG) requested that Ordinance No.
109 be amended based on objections and proposed modifications outlined in his
letter to the District dated November 11, 2003 (on file at the District
office). (3) Robert Wellington,
representing the Carmel Area Wastewater District and the Pebble Beach
Community Services District, submitted a letter dated November 14, 2003 (on
file at the District office). The
letter proposed modifications to the ordinance. He noted that the details of the ordinance must be worked out
before the associated financing agreements can be executed. (4) David Dilworth, HOPE, requested
that an EIR be prepared on Ordinance No. 109. He described the sale of entitlement water as “the biggest
water transfer” in the history of the Monterey Peninsula. (5) Jim Nero, President of the Del
Monte Forest Property Owners Association, expressed support for the proposed expansion
to the wastewater reclamation project.
According to Mr. Nero, the expansion project will be completely funded
by the sale of entitlement water.
Pebble Beach Company will not profit from the entitlement water
sales. (6) Joyce Stevens,
President of the Carmel Area Wastewater District (CAWD) Board of Directors,
expressed support for comments made by Robert Wellington. She explained that construction of the
expansion project would result in the elimination of virtually all discharges
from the CAWD facility into Monterey Bay.
No
Action Items were presented for Board consideration. There
was no discussion of the Informational Items/Staff Reports. The
meeting was adjourned at 11:00 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Approval of Minutes from the Regular Board Meeting of
October 20, 2003 and the Special Board Meeting of October 30, 2003 2.
Consider Approval of Funds for Production of 2003 MPWMD Annual Report 3.
Consider Expenditure of Personnel Contingency Funds to Hire Temporary
Employee for Water Demand Division 4.
Consider an Amendment of the Memorandum of Understanding Between the
Monterey Peninsula Water Management District and the General Staff Bargaining
Unit 5.
Consider Adoption of Treasurer’s Report for August and September 2003 GENERAL MANAGER’S REPORT DIRECTORS’
REPORTS 6.
Board Comments and Referrals PUBLIC HEARINGS7.
Consider Second Reading of Ordinance No. 109 –
Revising Rule 23.5 and Adopting Additional Provisions to Facilitate the
Financing and Expansion of the Carmel Area Wastewater District (CAWD)/Pebble
Beach Community Services District (PBCSD) Recycled Water Project, Approval of
Related CEQA Findings 7.
Consider Second Reading of Ordinance No. 109 –
Revising Rule 23.5 and Adopting Additional Provisions to Facilitate the
Financing and Expansion of the Carmel Area Wastewater District (CAWD)/Pebble
Beach Community Services District (PBCSD) Recycled Water Project, Approval of
Related CEQA Findings 7.
Consider Second Reading of Ordinance No. 109 –
Revising Rule 23.5 and Adopting Additional Provisions to Facilitate the Financing
and Expansion of the Carmel Area Wastewater District (CAWD)/Pebble Beach
Community Services District (PBCSD) Recycled Water Project, Approval of
Related CEQA Findings ACTION ITEMS INFORMATIONAL
ITEMS/STAFF REPORTS 7.
Letters Received 8.
Committee Reports 9.
Geographic Information Systems Program Progress
Report 10.
Strategic Planning Initiatives Progress Report 11.
Water Supply Project Status Report 12.
Carmel River Fishery Report 13.
Water Conservation Program Report 14.
Water Use Credit Transfer Status Report 15.
Monthly Allocation Report 16.
Monthly Cal-Am Sales Report 17.
Monthly Cal-Am Production Report 18.
Production Report – CAWD/PBCSD Wastewater Reclamation
Project 19.
Monthly Water Supply Status Report ADJOURNMENT |
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Fran Farina, Secretary to the Board
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