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FINAL MINUTES Special Meeting Board of Directors Monterey Peninsula Water
Management District May 3, 2004 |
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The meeting was called to order at 7 PM in the Monterey Peninsula Water
Management District Conference Room.
Directors
present:
Alvin
Edwards, Chair – Division 1 Larry
Foy, Vice Chair – Division 5 Michelle Knight – Division 4 Judi Lehman – Division 2 Kristi
Markey – Division 3 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors (arrived at 7:23 PM) General
Manager present: Fran Farina District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. District
Counsel Laredo reviewed the new protocols pertaining to Oral Communications
and the Consent Calendar. The new
protocols are as follows: 1) Oral
Communications: Anyone wishing to address the Board on Consent Calendar,
Information Items, or matters not listed on the agenda may do so only
during Oral Communications. Please limit your comment to three (3)
minutes. The public may comment on
Action and Public Hearing items at the time they are considered by the
Board. The sole time to address
Consent matters is during Oral Communications. 2) Consent Calendar: The Consent Calendar consists of routine
items for which staff has prepared a recommendation. Approval of the Consent Calendar ratifies
the staff recommendation. Consent
Calendar items may be pulled for discussion only upon the request of a Board
member, not by the public. Discussion
on pulled Consent Calendar items shall be limited to Board members. The public may address any Consent Calendar
item only during Oral Communications.
Please limit your comment to three (3) minutes. No
comments were directed to the Board during Oral Communications. At
the request of Director Knight, this item was pulled for discussion. The Board unanimously voted 6 – 0 to not
ratify the appointment of an alternate to the Legislative Committee. Director Potter was
absent from the discussion and vote on this item. Approved. Director Knight offered a motion to refund the connection charges of $959.51 to Jeffrey Becom and Sally Aberg and for staff to prepare findings of approval and present them to the Board at a future meeting as part of the Consent Calendar. Director Foy seconded the motion. The motion was approved 4 – 2. Directors Edwards, Foy, Knight and Pendergrass voted in favor of the motion. Directors Lehman and Markey voted against the motion. Director Potter was absent from discussion and vote on this item. Director Potter arrived at approximately 7:23 PM
during discussion of this item. John Fischer, resident of Pacific Grove, expressed
concerns about the possibility that the applicants’ intended use of the
showerheads may change in the future. Approved. Director Potter moved that the Board approve a water use credit of 2.0 fixture units for the removal of an outdoor fountain as described in a letter to the District dated February 8, 1999 (available for review at the District office). Staff was directed to prepare findings of approval for presentation at a future Board meeting as part of the Consent Calendar. Director Foy seconded the motion. The motion was approved 5 - 2. Directors Edwards, Foy, Knight, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey voted against. No comments were directed to the Board during the
public comment period on this item. Approved. Director Foy moved to support the staff recommendation to approve the second reading of Ordinance No. 113. Director Markey seconded the motion. The motion was approved 5 – 2. Directors Edwards, Foy, Knight, Markey and Pendergrass voted in favor of the motion. Directors Lehman and Potter voted against the motion. The following comments were directed to the Board
during the public hearing on this item. (1)
David Dilworth expressed opposition to this item and asked the Board to
reconsider the increase. (2) John
Fischer expressed opposition to this item and asked the Board to first
work to prepare next year’s fiscal budget and table this item for future
discussion. (3) Lou Haddad,
resident of Monterey, expressed opposition to this item. In addition, he acknowledged the time and
commitment required of Board members to participate in District meetings and
to conduct District business. (4)
Tex Irwin, expressed support for this item and acknowledged the time and
effort expended by Board members to conduct District business. Approved. Director
Foy offered a motion to approve the first reading of Ordinance No. 116 with the
corrections to the title of Section Three as presented by staff to read, “Section
Three: Amendment of Rule 120 Director Potter offered an amendment to the motion to defer and suspend any new Carmel River Advisory Committee (CRAC) appointments. He then amended his motion to continue this item and bring it back to the Board in 90 days in order for the Board to form an Ad Hoc committee so that additional discussion could occur on this item. There was no second on the motion. The
following comments were directed to the Board during the public hearing on
this item. (1) Rod Mills, current CRAC member, expressed opposition to
the ordinance and stated it would change the dynamics of the well-working
committee. (2) Patricia Bernardi,
resident of Carmel Valley, expressed support for the ordinance and emphasized
the importance of having persons serve on the committee who are thoroughly
interested and actively involved in the Carmel River and habitat issues. (3) David Dilworth, Peninsula
resident, stated his opinion that the committee works well and asked the
Board why it is considering an ordinance to change the rules on how it
appoints committee members. He
encouraged the Board to attend more CRAC meetings. Approved. Director
Lehman offered a motion to approve the resolution with the removal of item 3
– The Mitigation Program shall be continued at no less than its present
level of funding. Director
Potter seconded the motion. The motion
was approved 6 – 1. Directors Edwards,
Knight, Lehman, Markey, Pendergrass and Potter voted in favor of the
motion. Director Foy voted against the
motion. The following comments were directed to the Board
during the public hearing on this item. (1)
Susan Rogers, Chair of the CRAC, expressed support for continuation of
the program and gave
her opinion that the program is an important feature of the District. (2) Patricia Bernardi expressed
support for continuation of the program and stated the Mitigation Program is
necessary and that much progress has been made along the Carmel River, which
is vital to the Monterey Peninsula. (3)
Clyde
Sanders,
Administrator for the Carmel Water Conservancy,
expressed support for the Mitigation Program and read from a paragraph in a
letter dated April 15, 2004 from the California Department of Fish and Game
(available for review at the District office), “Required
mitigation measures include monitoring steelhead populations within the
Carmel River; rescuing trapped juveniles and adults from portions of the
river drying up due to water removal; and rearing rescued steelhead in
MPWMD’s Sleepy Hollow Steelhead Rearing Facility. The mitigation program also requires
propagation, planting, and otherwise restoring riparian vegetation in the
watershed and improvement of lagoon habitat through additional monitoring of
lagoon water levels and water quality.
In addition, it provides additional hydrologic data through gauging of
stream and groundwater quantity; potentially reduces water demand through
MPWMD’s water conservation program; and monitors water use throughout the
watershed. (4) David Dilworth,
expressed support for the program and referred to a letter dated February 14,
1996 from California-American Water Company (available for review at the
District office) acknowledging a successful five-year mitigation program. (5) Lou Haddad, expressed opposition
to the program and suggested that flood control work being done by the
District on the river could be accomplished by a flood control agency such as
the Monterey County Water Resources Agency.
Mr. Haddad alluded that the constituents are paying for this program
twice and that the District should consider turning this program over to
other agencies. (6) Tex Irwin,
referred to the comments from Lou Haddad and asked the Board how pumping of
the Carmel River relates to the erosion of the Carmel River banks. (7) Rod Mills expressed support for
the program and stated that Carmel river activities performed by the District
have provided positive outcomes. Approved. The Board unanimously voted 7 – 0 to concur with the Water Demand Committee’s recommendation to delay updating the commercial water use factors until completion of the Water Demand Division database project. David
Dilworth,
Helping Our Peninsula’s Environment (HOPE), asked that the District add
hotels and golf courses to the list of high water-using commercial sectors
which is shown on page 2 of the draft concept paper prepared by staff (available for review at the District
office). The meeting was adjourned at 9:55 PM. U:\Arlene\word\20040127\BoardMeetings\Minutes\final0503.doc Prepared
by S Reyes |
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CALL TO
ORDER/ROLL CALL
PLEDGE OF ALLEGIANCEORAL COMMUNICATIONSCONSENT CALENDAR1.
Consider Ratification of Appointment of an
Alternate to the District’s Legislative Committee PUBLIC HEARINGS2.
Consider Appeal Regarding Rule 24 (Ordinance No.
98), Assessment of Fees for Second Bath – 116 13th Street, Pacific
Grove, APN 006-183-007 – Jeffrey Becom and Sally Aberg 3.
Consider Appeal of General Manager’s Decision to Deny
A Water Use Credit for an Outdoor Fountain/Pond Pursuant to Rule 24-C,
Residential Fixture Unit County – 1050 Marchetta Lane, Pebble Beach, APN
007-342-008 – Jonathan Ryan 4.
Consider Second Reading of Ordinance No. 113 –
Increase Board Compensation PUBLIC HEARINGS5.
Consider First Reading of Ordinance No. 116 –
Carmel River Advisory Committee Member Terms ACTION
ITEMS 6.
Consider Adoption of Resolution for Continuation
of the District’s Mitigation Program 7.
Receive Status Report on Preparation of a Study to
Update Commercial Water Use Factors ADJOURNMENT |
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Fran Farina, Secretary to the Board
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