Board of Directors
Monterey Peninsula Water Management District
May 3, 2004
The meeting was called to order at 7 PM in the Monterey Peninsula Water Management District Conference Room.
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.
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.
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.
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.
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.
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.
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.
Prepared by S Reyes
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
1. Consider Ratification of Appointment of an Alternate to the District’s Legislative Committee
2. 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
5. Consider First Reading of Ordinance No. 116 – Carmel River Advisory Committee Member Terms
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
Fran Farina, Secretary to the Board