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FINAL MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District May 21, 2009 |
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The meeting was called to
order at 7:00 PM in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Kristi Markey, Chair --
Division 3 Alvin Edwards – Division 1 Judi Lehman – Division 2 Bob Brower – Division 5 David Potter – Monterey
County Board of Supervisors (arrived at 7:35 PM) General Manager present: District Counsel present: David C.
Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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The following comments were
directed to the Board during Oral Communications. (1)
Sheri Damon, representing Security National Guarantee (SNG), advised the
Board that a front-loading agreement had been submitted to District staff
that addressed how water would be conveyed through the California American
Water (CAW) Distribution System to SNG property for the proposed Monterey Bay
Shores Ecoresort project. She stated
that SNG is committed to meeting with District staff to work through water
supply issues in order to safeguard against any unnecessary expenditure of
public funds on litigation expenses. (2) George Riley, representing Citizens
for Public Water, urged the Board of Directors to be more assertive in
efforts to gain membership on the management group advocating for development
of the Water for Monterey County Coalition’s regional water supply project. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Pendergrass and second by Director Edwards, the Consent Calendar was approved
on a vote of 6 -0. Directors Brower,
Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent for the vote. |
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CONSENT CALENDAR |
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Approved. |
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1. |
Consider Adoption of Minutes of the
April 20, 2009 Regular Board Meeting |
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Approved. |
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2. |
Consider Expenditure of Budgeted Funds for
Preparation of Water Intake Study for the Sleepy Hollow Steelhead Rearing
Facility |
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Approved. |
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3. |
Consider Expenditure of Budgeted Funds to Purchase
Portable Equipment for Public Outreach Efforts |
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Approved. |
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4. |
Consider Authorizing General Manager to Contract
with WaterWise Consulting, Inc. to Complete Landscape Water Audits and
Budgets |
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Approved. |
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5. |
Consider Approval of Third Quarter Fiscal Year
2008-09 Investment Report |
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Approved. |
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6. |
Consider Adoption of Treasurer's Report for March
2009 |
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PRESENTATIONS |
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Mr. Anthony advised the
Board that Robert MacLean, incoming President of California American Water,
attended the District’s May 14, 2009 Open House. He noted that Mr. MacLean has met with
local, elected officials and is fully engaged with the local water
issues. Mr. Anthony announced that the
California Public Utilities Commission (CPUC) issued a proposed decision on
the CAW application for a rate increase.
The proposed decision drastically reduced the amount of money CAW had
requested for infrastructure repairs.
He explained that repairs to delivery pipes in the |
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7. |
Monthly Report from California American Water
General Manager, Craig Anthony |
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Henrietta Stern, Project
Manager, presented the report. An
outline of Ms. Stern’s presentation is on file at the District office and can
be viewed at the District’s website. |
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8. |
Water
Supply Project Alternatives Update |
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9. |
Water Conservation Program Report |
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GENERAL MANAGER’S REPORT |
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10. |
Status Report on |
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ATTORNEY’S REPORT |
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District Counsel Laredo
reported that the Board met in closed session to discuss California
American Water v City of Seaside et al. (Case No.: M 66343). No reportable action was taken by the
Board. Regarding the May 18, 2009
closed session, the Board discussed CAW Applications to the PUC Nos. 04-09-019 and 08-01-027; SWRCB Draft Cease and Desist Order WY 2008-00XX-DWR
and California American Water v City of Seaside et al. (Case No.: M 66343). On a vote of 6 – 0, the Board directed
staff to file a notice of appeal in CAW v City of Seaside et al. Directors Brower, Doyle, Edwards, Lehman,
Markey and Potter voted in favor of the motion. Director Pendergrass was not present for
the discussion or vote on that item. Mr. Laredo noted that the appeal was filed
on May 20, 2009. It will cause an
automatic stay of the trial court’s order after hearing. Therefore the June 1, 2009 hearing on the
application of CAW for an amendment to its water distribution system to serve
the Monterey Bay Shores Ecoresort has been cancelled. |
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11. |
Report
on May 1, 2009 and May 18, 2009 Closed Sessions of the Board |
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District Counsel reported
that the Board discussed items 3-A through 3-D, but no reportable action was
taken. Regarding item 4, there was
discussion but no reportable action. |
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12. |
Report
on May 21, 2009, 5:30 PM Closed Session of the Board |
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3. |
Conference with Legal Counsel – Existing Litigation
(Gov. Code 54945.9 (a)) |
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A. |
Application
of California American Water Company to the Public Utilities Commission
Application No. 04-09-019 – Coastal Water Project |
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B. |
Application of California
American Water Company to the |
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C. |
Application of California -American Water Company for an Order Authorizing a Special
Conservation Program and Modifications to its Rate Design in its Monterey District,
and Authorization to Increase its Rates for Water Service in its Monterey
District – Conservation
Program (Applications No. 07-12-010, 08-02-018) |
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D. |
Application of |
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E. |
SWRCB Cease and Desist Order WR 2008-00XX-DWR |
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4. |
Conference with Labor
Negotiators (Gov. Code §54957.6) |
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Agency
Designated Representatives: |
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Employee
Organization: General Staff and
Management Bargaining Units Represented by United Public Employees of
California/LIUNA, Local 792 |
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Unrepresented
Employees: Confidential Unit |
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5. |
Conference with Legal
Counsel – Existing Litigation (Gov. Code 54956.9 (a)) |
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California
American Water v City of Seaside et al. (Case No.: M 66343) |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Director Doyle reported
that she attended a recent meeting of Sustainable Pacific Grove, where the
topic of discussion was growing home vegetable gardens. She encouraged the group to be aware of
water use in the garden. Director Doyle
also attended the Pacific Grove Ad Hoc Water Sub Committee meeting as a
non-voting member. Director Lehman
attended the May 14, 2009 Annual MPWMD Open House, she commended staff on
planning and conducting the event. Director Brower reported that he also
attended the Open House. |
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13. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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Director Potter arrived at 7:30 PM, just as the
Board began the hearing on item 14. |
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PUBLIC HEARINGS |
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Director Edwards made a
motion that was seconded by Director Brower to adopt the staff
recommendation: (1) adopt the Findings
of Approval, (2) approve Application #200810917DUN; (3) issue MPWMD Permit
#S09-08-L4; and (4) file a Notice of Determination with the Monterey County Clerk. Director Edwards
proposed an amendment to the motion that was seconded by Director Brower, to
add a condition that defines the term “temporary.” The amended motion was approved unanimously
on a vote of 7 – 0. During the public hearing
on this item, no comments were directed to the Board. However, during Board discussion, the
applicant, Tom Dunnion, expressed agreement with the proposed amendment to
the conditions. |
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14. |
Consider Approval of
Application #20081017DUN to Create Dunnion Water Distribution System; APN
013-321-010 |
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15. |
Consider Appeals of General Manager’s March 20, 2009
Decision Regarding Hidden Hills Unit
of California American Water Distribution System – Notice of Violation of
District Rule 40-D and Suspension of Receipt of Applications For New or
Intensified Water Use |
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Director Edwards made a
motion that was seconded by Director Potter to: (1) continue this item for 30
days; (2) request that staff meet with CAW to develop a remedy for the
violation, such as increasing the expansion capacity limit in the Hidden
Hills system; and (3) continue the moratorium on receipt of applications for
intensification of water use in the Hidden Hills system. The motion was adopted unanimously on a
vote of 7 – 0. The following comments were
directed to the Board during the public hearing on this item. (1) Craig Anthony, CAW General Manager, presented
three charts that illustrated his estimates of water use per connection in
the Hidden Hills system. Mr. Anthony
asserted that water use per connection was only 0.483 acre-feet, which
exceeded the pro-rata expansion capacity (PREC) by 0.001 acre-feet, for a
total of 243.5 units of water each year. He stated that the average water use
for the top 10 water users in Hidden Hills consumed 714 units in a 12-month
period. In addition the last 15 water
permits issued by the District for the Hidden Hills area were estimated to
use an average of 0.772 AF of water per year.
Mr. Anthony stated that the local land use agency and the District are
issuing permits for projects that exceed the PREC for the Hidden Hills
area. He expressed concern that the
water audits being conducted are in some instances recommending that water
use could be increased on a property. He spoke in opposition to the water permit
moratorium in the Hidden Hills system.
(2) Tim Miller, CAW Legal Counsel, stated the District has no authority to continue the water
permit moratorium because: (A) no
condition or regulation exists that requires CAW to comply with the PREC; (B)
CAW has a duty to serve its customers but has no independent authority to
control the amount of water used by each customer; (C) the Seaside Basin Watermaster has
authority over use of water in the Laguna Seca Subarea; and (D) the water permit moratorium creates
an ad-hoc amendment to the CAW water distribution system permit that was not
properly noticed. He stated that CAW
should not be required to correct a situation that was created when the land
use agencies and the District approved projects with estimated water use that
exceeds the PREC. (3) Russ Hatch former operator of the
Carmel Valley Mutual Water Company, stated that CAW is responsible for this
situation because: (A) it should have
requested a PREC for the Hidden Hills system that is similar that of the
Pasadera development which draws water from the same aquifer as Hidden Hills;
and (B) it has allowed system losses to continue at a high rate of 30
acre-feet per year. He described the
District’s decision to establish a water permit moratorium in the Hidden
Hills system as arbitrary and capricious. He requested that the Board consider
reducing the PREC in Pasadera, so that it could be increased in Hidden
Hills. (4)
Gary Koifman owner of property in the Hidden Hills area, commented that
due to staffing shortages in the Monterey County Planning Department, his
project has been held up for 3.5 years awaiting approval. He offered to provide information to the
Hidden Hills property owners regarding installation of cisterns, in an effort
to reduce water use. (5) Roger Williams, resident of
Hidden Hills, requested that the water permit moratorium be lifted for a
specific time period, so that CAW can address the unaccounted for water issue
and the District can resolve the PREC.
The Hidden Hills residents should also be involved in developing plans
to reduce their water use. (6) Following the public comment period,
General Manager Fuerst advised the Board that the charts developed by Mr.
Anthony were based on consumption values in March and April 2009, not
production values. He stated that if
the March and April production values were applied to Mr. Anthony’s
calculations, the PREC would be 0.496 which exceeds the permitted PREC of
0.482 per year. |
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A. |
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Director Brower offered
a motion to continue the item for 30 days, or until the next scheduled Board
meeting. The motion was seconded by
Director Lehman. Director Brower amended
the motion, on the second of Director Lehman, to continue the item to the
July 20, 2009 Board meeting. The
motion was approved on a vote of 6 – 1.
Directors Brower, Doyle, Edwards, Lehman, Markey and Potter voted in
favor of the motion. Director
Pendergrass was opposed. During the public hearing
on this item the applicant, LuAnn Meador, requested that the moratorium be
lifted for those with projects in process.
She supported continuance of the appeal. Gary Koifman also expressed agreement with
the suggestion that the matter be continued. |
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B. |
James Douglas Meador and LuAnn Meador |
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On a motion by Director
Brower and second by Director Edwards, the item was continued to the July 20,
2009 Board meeting. The motion was
approved on a vote of 6 – 1. Directors
Brower, Doyle, Edwards, Lehman, Markey and Potter voted in favor of the
motion. Director Pendergrass was
opposed. During the public hearing
on this item the applicant, Gary Wiegand, requested that the moratorium on
water permits be lifted that evening.
He expressed no objection to continuance of the appeal. |
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C. |
Gary E. Wiegand |
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On a motion by Director
Pendergrass and second by Director Edwards, Ordinance No. 139 was adopted, as
presented, on a unanimous roll-call vote of 7 – 0. No comments were directed
to the Board during the public hearing on this item. |
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16. |
Consider Second Reading and
Adoption of Ordinance No. 139 -- Amending the Rebate Program to Require a
Refund when Water Savings from Rebated Fixtures are Reused for New or
Intensified Uses |
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ACTION ITEMS |
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No action was taken, as
none was required. No comments were
directed to the Board during the public comment period on this item. |
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17. |
Receive and Confirm Water Supply Forecast for
Period of May 1, 2009 -- September 30, 2010 |
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Director Potter offered
a motion that was seconded by Director Edwards, to adopt Resolution No.
2009-04. The motion was approved
unanimously on a vote of 7 – 0. No comments were directed
to the Board during the public comment period on this item. |
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18. |
Consider Adoption of Resolution No. 2009-04
Expressing Support for Submitting an Application for Challenge Grant
Program: Recovery Act of 2009 Water
Marketing and Efficiency Grants |
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There was no discussion of
the Informational Items/Staff Reports. |
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INFORMATIONAL ITEMS/STAFF REPORTS |
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19. |
Letters Received |
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20. |
Committee
Reports |
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21. |
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22. |
Water
Conservation Program Report |
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23. |
Monthly
Allocation Report |
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24. |
Monthly
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25. |
Monthly
Water Supply Status Report |
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26. |
Semi-Annual Groundwater
Quality Monitoring Report |
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The meeting was adjourned
at 10 PM. |
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ADJOURNMENT |
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