Board of Directors

Monterey Peninsula Water Management District

April 26, 2001

The meeting was called to order at 7:02 PM in the Monterey City Council Chambers.

Board members present:

David Potter, Chair - Representing Monterey County Board of Supervisors

Alvin Edwards, Vice Chair -- Division 1

Ron Chesshire, Division 2

Molly Erickson, Division 3

Kris Lindstrom, Division 4

Zan Henson, Division 5

David Pendergrass, Mayoral Representative

Board members absent:


Staff members present:

Darby Fuerst, General Manager

Ray Millard, Administrative Services Manager

Stephanie Pintar, Water Demand Manager

Sara Ramos, Sr. Office Specialist

District Counsel present: David Laredo

The assembly recited the Pledge of Allegiance.

The following comments were received during Oral Communication. (1) John Fischer, resident of Pacific Grove, referred to the Strategic Plan, Issue 1b and also to Program Goals No. 1-5-2 C and asked for clarification if the two projects were the same.

Due to the need for immediate Board direction on a matter that arose after the posting of today's agenda, District Counsel asked that the following item be added to the Closed Session, General Manager Recruitment. A motion was made by Director Erickson to add this item to the Closed Session. Motion was seconded by Director Henson. The motion was approved 7 to 0.

Approved. A motion by Director Edwards and second by Director Lindstrom to approve the Consent Calendar on a vote of 7 to 0.

General Manager Fuerst had no report, however, he responded to the question posed by John Fischer under Oral Communications.

District Counsel stated he would give his report during the Closed Session.

Director Henson proposed that the District undertake a change in policy and direction concerning the review of fixtures. He stated that the District return to the cities and county, review of all remodeling. The jurisdictions can allow whatever remodeling they believe is appropriate and the fixtures for it. However, as a condition of this authority, the jurisdictions would be required to have the applicant submit water bills for the preceding five years to calculate average monthly water use. If they exceeded the average, they would pay to either the District or some appropriate fund a penalty of five dollars a gallon. This would cause economic disincentive to intensify water use while still allowing people to remodel within the confines of their water consumption. Director Henson stated he would submit his proposal in writing to the District.

Director Chesshire stated he will be running for his seat on the Monterey Peninsula Water Management District Board of Directors in November 2001.

Director Edwards thanked the Monterey Herald for writing the article on the well injection project in Seaside.

Director Erickson referred to comments from the last Board meeting regarding a Friday letter that staff would send. She stated she hopes the process can begin as soon as possible by direction of the Chair. Ms. Erickson suggested an item be put on the Administrative Committee agenda addressing Board policy with regards to the way Directors are able to communicate and direct staff individually. Director Erickson asked that deed restrictions be addressed at the Board level as an agenda item. Ms. Erickson requested the stormwater committee and the dam siltation issues be addressed either at the committee level or Board level and that this be a priority for staff. Lastly, Director Erickson asked if the Water Demand Division has a computer program in place to track construction of second bathrooms that will be allowed under Ordinance No. 98.

Director Potter stated that there will be opportunity for the stormwater committee and desilting issues to be addressed at the time of the Plan B update by EDAW at the May 31 Board meeting. He reported that the stormwater committee

will be meeting in the near future. Director Lindstrom inquired about the status of the strategic planning session.

No action taken.

The following comments were received during the public hearing on this item. (1) Rudy Rosales, Chairperson, Cultural Resources for Esselen Nation, the Indigenous People of the Monterey Peninsula, asked if the District's budget addresses protection of Native American cultural resources. Mr. Rosales asked that a Section 106 class be conducted that would involve one person from each organization--California-American Water Company, Monterey Peninsula Water Management District, City of Monterey, City of Carmel. In this class, the participants would be taught what to do with cultural resources when they are found on the Peninsula. Rudy Rosales also asked that the Esselen Nation be added to the agenda mailing list.

Failed. A motion by Director Erickson and second by Director Henson to adopt the first reading of Ordinance No. 99 failed on a vote of 5 to 2.

A motion was made by Director Henson to table this item for further discussion. The motion was seconded by Director Edwards. The motion was approved on a vote of 6 to 1. Director Erickson voted against the motion.

The following comments were received during the public hearing on this item. (1) Michael Waxer, resident of Monterey Peninsula, stated that it is good as a general direction to try to help move the District in a direction that avoids persons from bringing lawsuits. Mr. Waxer said that, although the intent of Ordinance No. 99 is positive, the net result will bring further acrimony and perhaps bring the District in a negative direction. For these reasons, he cannot support the direction of the ordinance. (2) Bob McKenzie, Government Affairs Director of the Monterey County Hospitality Association and the Monterey Peninsula Chamber of Commerce, stated further research should be done on other water districts to determine if similar provisions have been established before considering adoption of this type of ordinance. It would be important for the Board and the public to see a reproduction of the statutes which govern the Coastal Commission. Mr. McKenzie also suggested adding the following provisions to the ordinance: a) disclose all communications to Board members and staff by opponents of any particular application, b) disclose communications

to Board or staff regarding any potential rules, regulations or ordinances that the Board may consider; c) disclosure by Board members of the purpose, intent and the content of private meetings held with local newspapers and reporters. (3) Patricia Bernardi, resident of Carmel Valley and former Monterey Peninsula Water Management District Board member, echoed earlier comments made that there should be no problem with disclosing any and all conversations the Board has with opponents or proponents of any project. Not disclosing any Ex Parte communications leads to a lot of back door deals. The ideal is open government.

Approved. A motion by Director Pendergrass to approve the IMAX application as per staff recommendation. The motion was seconded by Director Chesshire who also proposed an amendment to the motion stating that the final connection charge be adjusted upon the actual water use record after a period of ten years. Director Chesshire withdrew his amendment. The motion was approved on a 6 to 1 vote. Director Erickson voted against the motion.

The following comments were received during the public hearing on this item. (1) John Fischer, resident of Pacific Grove, stated the Board may have a hard time coming up with real numbers that are statistically correct regarding the average number of people who attend an IMAX vs attendance at a standard theater. (2) Margaret Robbins, read a letter from George Boehlert, President, Carmel Valley Property Owners Association, stating consideration of "special circumstances" for the four permits creates the potential for loopholes through which even more Carmel River water may flow. The letter urged the Board to vote against approval of special circumstances for these projects. (3) Patricia Bernardi, resident of Carmel Valley, questioned the Board as to what is wrong with using the figures the Board already uses for a standard movie theater or for a nursing home and/or forget all the new technology until it has been proven. Ms. Bernardi also asked the Board how it can give a water credit when there was no water use at the proposed area for over ten years. (4) Rudy Rosales, Chairperson, Esselen Nation, stated the proposed area on Cannery Row use to contain a large portion of a Native-American Indian cemetery and is sacred ground. Mr. Rosales stated he is here to protect the cultural resources that are left on the Peninsula and asked the Board to consider what is underneath the ground and not only what is on top of it.

(5) Lou Haddad, resident of Monterey, referred to page 99 of the Board packet. He asked the Board if there are other facilities attached to this particular water meter that

the IMAX theater property has. He also asked the Board the following questions: a) Is this a stand alone water meter for this particular facility; b) Are there other uses attached to this particular meter; c) Is this meter part of the Monterey Plaza meter. (6) Roy Kaminske, resident of Monterey Peninsula, stated that under normal circumstances, the District does not charge for water overage nor does the District credit residents for less usage than projected. It was his understanding that, if IMAX uses less water, they will receive a water credit. If the Board approves this permit, it will be changing the precedent and other residents will fall in line that will be asking for water credits. (7) Alan Samuels, resident of Monterey Peninsula, stated that if an applicant has a special need that they should be coming to the Board and proving that they have a special need or that somehow they are unique. The burden of proof should be on the applicant. Mr. Samuels stated IMAX is not unique and that IMAX should be able to prove how much water the theater will use. He offered the services of his son who attends the University of London, to attend the IMAX theater in London and get the water meter readings and prove the applicant can do its project. He also asked the Board to not make the special circumstances procedure a means of getting around proper procedures.

On a motion by Director Chesshire and second by Director Edwards, Action Items B, C, and D were continued to the May Board meeting due to time constraints. The motion was amended to state that these items be reviewed by the Water Demand committee. The motion was approved unanimously on a vote of 7 to 0.

The meeting was adjourned at 9:32 PM.






A. Consider Authorization of Funds to Retain DCI Inc. to Complete Water Transfer Savings Study


A. General Manager's Report


C. Directors' Reports

1. Board Comments and Referrals


A. Receive Draft Fiscal Year 2001-2002 MPWMD Budget


B. Consider First Reading of Ordinance No. 99-An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Requiring Disclosure of Ex Parte Communications and Establishing Penalties and Remedies for Non-Disclosure



A. Consider Request for Considerationof Special Circumstances (Rule 24-G) - IMAX Theater in the City of Monterey

B. Consider Request for Consideration of Special Circumstances (Rule 24-G) - Pebble Beach Company

C. Consider Request for Consideration of Special Circumstances (Rule 24-G) - Monterey Hotel

D. Consider Request for Consideration of Special Circumstances (Rule 24-G) - Sunrise Assisted Living



Darby W. Fuerst, Secretary to the Board