Board of Directors
Monterey Peninsula Water Management District
The meeting was called to order at 7:00 PM in the District conference room.
Judi Lehman, Vice Chair – Division 2
Alvin Edwards – Division 1
Kristi Markey – Division 3
Michelle Knight – Division 4
Larry Foy – Division 5
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.
Board Clerk, Arlene Tavani, administered the Oath of Office to Directors Foy, Knight and Markey.
The following comments were directed to the Board during Oral Communications. (1) Steven Leonard, California-American Water Company (Cal-Am), congratulated Directors Foy, Knight, and Markey on their recent election to the Board of Directors. He pledged Cal-Am’s support in working with the Board on development of a water supply project. (2) John Fischer, a resident of Pacific Grove, congratulated Directors Foy, Knight and Markey on their recent election to the Board of Directors. He expressed disagreement with a statement made by a Director at a previous Board meeting that environmentalists should not participate on a committee that reviews water conservation regulations. (3) Ron Chesshire congratulated Directors Foy, Knight, and Markey on their recent election to the Board of Directors. He urged the Board to make decisions that will benefit the community. (4) Mitzi Dallas welcomed the recently elected Directors to the Board. She requested that the Water Demand Committee and the Board meet as soon as possible and prior to the January 29, 2004 meeting, to take action to allow processing of requests for water credit transfers across contiguous lots under the same ownership. (5) Roy Kaminske, a resident of Carmel Valley, stated that all conservationists are environmentalists, but not all environmentalists are conservationists. He expressed concern over the District’s connection charge.
Director Foy thanked all who supported his candidacy, especially his wife, Nancy. He stated that he intends to work with all interested parties and that the Board will find a new water supply project. Director Knight stated that she was looking forward to getting to work. Director Markey thanked all who supported her candidacy. She noted that speaking with community members during the campaign was a rewarding experience. Director Potter welcomed the recently elected Directors. He requested that Mitzi Dallas’ concern be brought to the Board in a timely manner. Director Pendergrass suggested that the Board conduct a goal setting workshop within 60 days. Director Edwards congratulated the recently elected Directors. He proposed that the Board conduct a goal setting workshop within 30 days. In addition, the Policy and Technical Advisory committees should meet within 30 days to discuss water credit transfers and the Pebble Beach Reclaimed Water Project. Vice Chair Lehman welcomed the new Directors to the Board. She announced that she would distribute to the Directors a summary of the events and meetings she participated in during the California Water Policy Conference. She encouraged the Directors to attend conferences. She also reported on the dinner held in honor of Director Pendergrass for 25 years of service to the City of Sand City.
On a motion by Director Potter and second by Director Knight, the Consent Calendar was approved unanimously on a vote of 7 – 0.
The report was deferred to the January 29, 2004 Board meeting due to the illness of Eric Sandoval who was scheduled to give the presentation.
General Manager Farina did not present a report.
District Counsel Laredo reported on the 5 PM Closed Session. He provided a general briefing to the Directors concerning items listed on the agenda. No votes were taken. There was no reportable action.
Approved unanimously on a motion by Director Foy and second by Director Edwards.
During the public hearing on this item, David Dilworth speaking for Helping Our Peninsula’s Environment (HOPE), asked if river flow had reached the Carmel River Bridge. He also asked what steps would be taken if rainfall is insufficient to allow reliance on surface water sources. Darby Fuerst, Senior Hydrologist, responded that Carmel River flow had not yet reached the Carmel River Bridge. If inflow is less than expected, a meeting can be called to develop a modified Water Supply Strategy and Budget.
Director Edwards offered a motion to reconsider the November 24, 2003 Action to Adopt the Second Reading Version of Ordinance No. 109. Director Potter seconded the motion. The motion was adopted unanimously on a vote of 7 – 0.
The following persons addressed the Board during the public comment period on this item. (1) Robert Greenwood, representing the Carmel Valley Association, wished the Board and staff success in addressing problems before the District. He suggested that the Pebble Beach Company consider planting salt tolerant grass as a means to deal with high salinity levels in reclaimed water. (2) Mark Stilwell, Pebble Beach Company (PBCo) stated that after investigating the issue, PBCo has determined that planting salt tolerant grasses is not a feasible solution. He requested that the Board reconsider adoption of Ordinance No. 109 for reasons outlined in a letter dated December 10, 2003 (on file at the District office) and stated at the November 17, 2003 Board meeting. He offered to bring an amended ordinance to the Board in 30 days if staff were authorized to work with PBCo and the other interested parties on the issues. (3) George Thatcher, representing Carmel Area Wastewater District (CAWD) and the Pebble Beach Community Services District (PBCSD). He read a letter dated December 15, 2003 (on file at the District office). He requested that the Board reconsider adoption of Ordinance No. 109 and direct staff to work with interested parties on development of amendments to Ordinance No. 109 and the associated agreements. (4) Mike Boway, General Manager of the Monterey Peninsula Country Club, speaking on behalf of the Independent Reclaimed Water Users Group (IRWUG). He referred to a letter dated December 15, 2003 from IRWUG to the Board of Directors (on file at the District office). He expressed agreement with a letter from the PBCo dated December 10, 2003. He requested that the Board consider adoption of a revised version of Ordinance No. 109 at the January 2004 Board meeting (5) Jim Nero, President of the Del Monte Forest Property Owners Association, asked that sections of Ordinance No. 109 concerning deed restrictions, perpetual access to water records, measurement of residents water entitlement usage, enforcement authority and award of attorney fees be deleted so the project can move ahead. (6) David Dilworth, HOPE, spoke in support of reconsideration of Ordinance No. 109. He advocated preparation of an EIR on the ordinance. He charged that the ordinance promoted social inequality because only persons in the Pebble Beach area could purchase the water available for allocation.
Director Edwards proposed a motion to bring back to the Board at a future date Ordinance No. 109 with supporting CEQA Findings, and that staff should proceed with negotiations to determine major deal points relating to each of the referenced documents prior to incorporating them into the draft ordinance. Director Foy seconded the motion.
Director Edwards amended the motion to request that this item come back to the Board in March 2004. Director Foy accepted the amendment, but asked that the item be brought to the Board in February, if possible. The amended motion was adopted on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Markey and Lehman were opposed.
The following comments were directed to the Board during the public comment period on this item. (1) Mark Stilwell, Executive Vice President, PBCo., voiced a preference for Alternative 1 as outlined by District Counsel, which was to return Ordinance 109 for approval with supporting CEQA Findings. According to Mr. Stilwell, a revised ordinance could be prepared for the January 2004 Board meeting, and associated agreements could be finalized within 60 days. He proposed that the Board could provide direction to staff that evening on issues the interested parties have raised. He would prefer to move ahead on redrafting the supplemental agreements, once a revised version of Ordinance No. 109 is available. (2) George Thatcher, representing CAWD and PBCSD, stated that in the process of working with the interested parties on revisions to Ordinance No. 109, some of the deal points regarding the supplemental agreements could also be addressed. (3) David Dilworth, HOPE, urged the Board to retain rules in Ordinance No. 109 that require accountability for use of the entitlement water. He also recommended against redefining the concept of “interruption,” noting that the District should have the authority to declare an interruption in water production from the facility.
Director Pendergrass proposed a motion to approve the updated schedule, brochure and advertisement for the General Manager recruitment. Director Edwards seconded the motion. The motion was approved unanimously on a vote of 7 – 0.
During the public comment period, David Dilworth, representing HOPE, expressed disagreement with the advertisement. He suggested that it should disclose that the District is operating under a declared water supply emergency, that two previous general managers have resigned, and it should describe the potential stresses of the position.
Director Knight offered a motion to table this item and bring it back for discussion at the January 29, 2004 meeting. At that time additional information would be presented on: (a) the estimated cost to meet at the Monterey City Council Chambers for one year; (b) an assessment of potential meeting rooms at the Pacific Grove Community Center, Sunset Center, Community Hospital of the Monterey Peninsula, Monterey Peninsula Airport District, and the Monterey Regional Air Pollution Control District. Director Edwards seconded the motion. The motion was approved unanimously on a vote of 7 – 0.
The following comments were directed to the Board during the public comment period on this item. (1) Edwin Lee, resident of Carmel, expressed a preference for Monterey City Council Chambers as a future meeting place. (2) Robert Greenwood suggested that the District look into meeting at Carpenter Hall in the Sunset Center. (3) Nancy Isakson spoke in support of conducting future meetings in the Monterey City Council Chambers where the meetings could be videotaped for broadcast on local television stations. (4) Tex Irwin was in favor of meeting at the Monterey City Council Chambers. He stated that the District Conference Room was least suitable of all the proposed Board meeting locations, but it could be improved by seating the Directors on a raised platform. (5) John Fischer, resident of Pacific Grove, expressed support for the Monterey City Council Chambers as a meeting place because broadcasting the meetings would educate the public on the District’s business. (6) Bettina Schiffman urged the Board to consider the Monterey City Council Chambers as a meeting place because it is centrally located. (7) David Dilworth, HOPE, suggested the District investigate potential meeting locations such as the Monterey Peninsula Air Pollution Control District, Monterey Peninsula Airport District, the Pacific Grove Community Center, and Community Hospital of the Monterey Peninsula. Mr. Dilworth expressed agreement with comments made by Nancy Isakson.
A motion was made by Director Potter to implement the following procedure for consideration of pulled Consent Calendar items. Any item may be pulled from the Consent Calendar for consideration at the request of a member of the public, or a member of the Board. Staff would give a brief presentation of the pulled item. The person who made the request to pull the item would speak briefly to the issue. The public will be allowed to comment. The item could be deferred to the end of the meeting or to a future meeting. The motion was seconded by Director Edwards. The motion was adopted unanimously on a vote of 7 – 0.
The following comments were directed to the Board during the public comment period on this item. (1) David Dilworth, HOPE, stated that pulled Consent Calendar items should be considered immediately after the Consent Calendar is approved. In addition, staff should give a presentation on the pulled Consent Calendar item. (2) John Fischer, a resident of Pacific Grove, noted that during Pacific Grove City Counsel meetings, if a member of the public requests that a Consent Calendar item be pulled, it is considered immediately after the Consent Calendar is adopted. If a Consent Calendar item is pulled by a Council member, the item is deferred to the end of the meeting. (3) Nancy Isakson expressed support for the procedure outlined by John Fischer. (4) Ed Lee expressed support for the procedure outlined by John Fischer.
Director Edwards proposed a motion to refer this issue to the Water Demand Committee for discussion in January, so the full Board could consider the item in February 2004. Director Foy seconded the motion and offered an amendment that was accepted by Director Edwards, to request that the Water Demand Committee consider establishment of a “grandfather” clause whenever a policy is changed. The motion was adopted on a vote of 6 – 1. Directors Edwards, Foy, Knight, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed.
Director Pendergrass offered a substitute motion, that District staff continue to process applications as they had prior to direction from the Water Demand Committee until the Board of Directors decides to change the process. Director Knight seconded the motion. The motion failed on a vote of 1 – 6. Director Pendergrass voted in favor of the motion. Directors Edwards, Foy, Knight, Lehman, Markey and Potter were opposed.
The following comments were directed to the Board during the public comment period on this item. (1) Jay Auburn, representing Carver and Schicketanz Architects, stated that applications should be processed according to the rules in effect when the application is submitted. (2) David Dilworth, HOPE, urged the Board to change the measurement of water used from fixture units to actual water use. He noted that the Board should be concerned about how the public perceives an action taken by a committee to change District procedures without obtaining Board concurrence. (3) John Fischer suggested that if the Board were to continue utilization of the fixture-unit method, then actual water use going in and coming out should be measured. (4) Tex Irwin urged the Board to use the simple method of measuring water use in gallons.
Director Potter proposed a motion that was seconded by Director Knight, to adopt the Findings of Approval and refer Resolution 2001-09 to the Water Demand Committee for review and clarification. The motion was approved by the Board on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in support of the motion. Directors Lehman and Markey voted in opposition to the motion.
During the public comment period on this item, Gregory Hanlon addressed the Board. He asked that the Board not reconsider the decision made on November 24, 2003 to grant his appeal. Mr. Hanlon reported that sentences 4 and 5 on page 141 of the staff report on this item state that when the Board granted the appeal, no finding was made indicating that the situation was unique. According to Mr. Hanlon, that statement contradicts Finding Nos. 8 and 9 in the Findings of Approval, which state that unique circumstances exist to grant the appeal.
No action taken.
Director Markey offered a motion to table this item and bring it back for consideration at the January 29, 2004 Board meeting. Director Knight seconded the motion.
Director Markey proposed an amendment, to bring the issue back for consideration after the hydrology report is completed, which is anticipated to be on or before March 2004. Director Knight accepted the amendment. The motion was adopted unanimously on a vote of 7 – 0.
During the public comment period on this item, the following persons addressed the Board. (1) Edwin Lee, resident of Carmel, urged the Board to submit the Draft EIR to the Public Utilities Commission and Cal-Am for use in their preparation of an EIR on the proposed Moss Landing desalination project. He stated that the District should not spend more money on studies of the Sand City desalination site until an EIR on the Moss Landing desalination plant is completed. (2) Tex Irwin, representing the Monterey Peninsula Airport District, suggested that the Board delay action on the EIR until aquifer-testing reports are received. (3) Robert Greenwood, representing the Carmel Valley Association, read a letter dated December 15, 2003 that is on file at the District office. He recommended that the Directors receive the Board review draft EIR and proceed to develop the draft EIR on the Sand City desalination project. He asked that the Board review draft EIR be circulated as a draft EIR. Also, that the 11,000 AFA desalination project should be analyzed, followed by circulation of a second draft EIR in mid-2004. (3) David Dilworth, HOPE, requested that the EIR be provided to local libraries for public review, and that the entire document be placed on the District’s web site.
Director Lehman offered a motion that was seconded by Director Foy to nominate Director Edwards to the position of Chair. The motion was adopted unanimously on a vote of 7 – 0.
Director Pendergrass proposed a motion to nominate Director Potter to the position of Vice Chair. Director Potter declined the nomination.
Director Edwards nominated Director Foy for the position of Vice Chair. Director Knight seconded the nomination.
Director Markey nominated Director Lehman to the position of Vice Chair. Director Lehman seconded the nomination.
Director Foy was elected to the position of Vice Chair on a vote of 5 – 2. Directors Edwards, Foy, Knight, Pendergrass, and Potter cast votes for Director Foy. Directors Lehman and Markey cast votes in favor of Director Lehman.
On a motion by Director Knight and seconded by Director Markey, Fran Farina was elected to the position of Secretary to the Board, and Rick Dickhaut was elected to the position of Treasurer. The motion was approved unanimously on a vote of 7 – 0.
No public comment was received on this item.
The Board did not discuss these items.
The meeting was adjourned at 10:55 PM.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
ADMINISTER OATH OF OFFICE TO KRISTI MARKEY, DIVISION 3; MICHELLE KNIGHT, DIVISION 4; AND LARRY FOY, DIVISION 5
BOARD COMMENTS AND REFERRALS
1. Consider Approval of Minutes of the Regular Board Meeting of November 17, 2003 and the Special Board Meeting of November 24, 2003
2. Approve Amendment to Contract with IDIAS Consulting to Assist with Water Distribution System Permit Processing
3. Authorize Funds for 2004 Seaside Basin Injection Testing Program
4. Consider Contribution to California Special Districts Association LOCAL Effort
5. Consider Funding for Staff Security and Safety Training
6. Receive Independent Auditors’ Report for Fiscal Year 2002-2003
7. Consider Approval of First Quarter Investment Report
8. Consider Adoption of Findings of Approval for Appeal of General Manager’s Decision to Deny a Water Use Credit for an Outdoor Spa Pursuant to MPWMD Resolution 2001-09 – Gregory Hanlon, 672 Van Buren Circle, Monterey – APN 001-511-018 – This item has been taken off the Consent Agenda. Please see Action Item 17-B-1
9. Consider Approval of Contract with Labor Negotiator
10. Consider Adoption of Treasurer’s Report for October 2003
11. Geographic Information System Program Update
GENERAL MANAGER’S REPORT
REPORT FROM DISTRICT COUNSEL ON CLOSED SESSION
13. A. Request by Director Edwards to Reconsider November 24, 2003 Action to Adopt the Second Reading Version of Ordinance No. 109 – Financing and Expansion of the Carmel Area Wastewater District (CAWD) Pebble Beach Community Services District (BPCSD) Recycled Water Project
13. B Provide Direction on Process for Reconsideration of Ordinance No. 109
14. Consider Approval of Schedule, Brochure and Advertisement for Recruitment of General Manager
15. Consider New Board Meeting Location
16. Discussion of Director Potter’s Concern Regarding Pulled Consent Calendar Items
17. Water Demand Management
A. Discuss Director Pendergrass’ Request for Clarification of October 23, 2003 Letter to the Jurisdictions Regarding Implementation of Ordinance No. 98 as it Applies to Master Bathroom Additions
17. Water Demand Management
B-1. Consider Findings of Approval for Appeal of General Manager’s Decision to Deny a Water Use Credit for an Outdoor Spa Pursuant to MPWMD Resolution 2001-09 – Gregory Hanlon, 672 Van Buren Circle, Monterey
B-2. Provide Direction to Staff on Processing Similar Requests for Credit
18. Receive Draft EIR on MPWMD Water Supply Project/Schedule Public Hearing
19. Consider Nominations for Board Chair and Vice-Chair for 2004 and Conduct Elections for Board Officers
20. Letters Received
21. Committee Reports
22. Strategic Planning Initiatives progress Report
23. Report on First Quarter Financial Activity for Fiscal Year 2003-2004
24. Water Supply Project Status Report
25. Carmel River Fishery Report
26. Water Conservation Program Report
27. Water Use Credit Transfer Status Report
28. Monthly Allocation Report
29. Monthly Cal-Am Sales Report
30. Monthly Cal-Am Production Report
31. Production Report – CAWD/PBCSD Wastewater Reclamation Project
32. Monthly Water Supply Status Report
Fran Farina, Secretary to the Board