EXHIBIT 17-D

 

FINAL MINUTES

Rules and Regulations Review Committee of the

Monterey Peninsula Water Management District

Board of Directors

April 5, 2005

 

Call to Order

The meeting was called to order at 10:35 AM in the District conference room.

 

Committee members present:        Judi Lehman, Chair

                                                   Michelle Knight

                                                   Larry Foy (Alternate)

 

Committee members absent:         David Pendergrass

 

Staff members present:                 David A. Berger, General Manager

                                                   Henrietta Stern, Project Manager

                                                   Arlene Tavani, Executive Assistant

 

District Counsel present:               David C. Laredo

 

Comments from Public

No comments were received.  No members of the public were present.

 

Action Items

1.      Consider Approval of October 27, 2004 and February 7, 2005 Committee Meeting Minutes

      On a motion by Director Knight and second by Director Foy, the minutes of October 27, 2004 and February 7, 2005 were approved by the committee on a unanimous vote of 3 – 0.

 

2.   Consider Approval of Conceptual Ordinance No. 123 to Amend MPWMD Rules and Regulations to Create an Impact-Based System for Water Distribution System Permits

      On a motion by Director Foy and second by Director Knight, the committee directed District staff to amend the ordinance based on direction given at the meeting, and bring the ordinance back to the committee for review at their May 3, 2005 meeting.  The motion was approved unanimously on a vote of 3 – 0. The suggested changes to the ordinance and staff report are listed below.  No public comment was received on this item.

 

(1)    Rule 20.C.3, in the first line, delete the word “each” and replace it with the word “all.”  (2) Whenever the term “General Manager or staff designee” appears, delete the reference to “or staff designee.”  (3) In Exhibit 2-B, describe the CEQA review required for all five review-levels. (4) Make a note on Exhibit 2-D, Concepts for Ordinance No. YY, Impact-Based Assessment of WDS, that the Board reviewed this information at the August 16, 2005 Board meeting and it is provided now as background information. (5) It is not necessary to provide Exhibit 2-F, Comparison of Existing vs. Proposed WDS Review Levels, with subsequent versions of the staff report. (6) It is not necessary to provide Exhibit 2-G, Pros and Cons of Impact-Based Permit Review, with subsequent versions of the staff report. (7) Add to Section 6, A.6.c of the ordinance a sentence stating that notice of the Hearing Officer’s action should be provided to each and every Board member.  The committee directed that a notice of decision would be sufficient, there is no need to provide the entire hearing packet.

 

3.   Review Ordinance No. 114 “Special Fixture Unit Accounting” Rules

      On a motion by Director Foy and second by Director Lehman, the committee voted unanimously to recommend to the Board that no changes be made to Rule 24-C.  The motion was approved on a vote of 3 – 0.  No public comment was received on this item.

 

4.      Discuss Rule 11 Definition of “Site” and “Unity of Ownership”

On a motion by Director Foy and second by Director Knight, the committee voted unanimously to recommend to the Board that land should be considered to be held with “unity of ownership” only when the deed and title to all land comprising the “site” are substantially identical, are unvaried, have uniform character, and are devoid of diversity.  District staff was directed to include the clarification of the term “Site” in the policies and procedures clarification ordinance that will be considered by the Board at a future meeting.  The motion was approved on a vote of 3 – 0.    No public comment was received on this item.

 

Other Items

There were no other items brought forward for discussion.

 

Adjournment

The meeting was adjourned at 11:50 AM.

 

U:\staff\word\boardpacket\2005\2005boardpackets\20050516\InfoItems\17\item17_exh17d.doc