FINAL MINUTES
Regular Meeting
Board of Directors
Monterey Peninsula Water
Management District
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The
meeting was called to order at 7:04 PM in the Monterey Peninsula Water
Management District Conference Room. Directors present: Alexander
Henson, Chair – Division 5 Judi
Lehman, Vice Chair – Division 2 Alvin
Edwards – Division 1 Molly
Erickson – Division 3 Kris
Lindstrom – Division 4 David
Pendergrass – Mayoral Representative Directors absent – David Potter – Monterey County Board of
Supervisors Acting General Manager present:
Fran
Farina District Counsel present: David
Laredo The
assembly recited the Pledge of Allegiance The
following comments were directed to the Board during Oral
Communications. (1) Nancy Isakson
stated she does not understand why the Board is discontinuing the water
credit for the Microphor ˝ gallon toilets since this has been an ongoing
credit allowed for some time. (2)
Patricia Bernardi asked that the Board explain why this type of toilet is
no longer considered a feasible alternative.
(3) Walt Hess, Sales Representative with Microphor, asked that
the Board temporarily reconsider its decision to suspend water credits for
the ˝ gallon toilets so the company can respond to concerns raised by the
public. (4) Mitsy Dallas stated
the survey submitted to Peninsula residents was not clear to present the pros
and cons of the toilet and that there was no indication that the Board was
concerned over the functionality of the toilet. She also stated the ˝ gallon toilets are a
great tool for conserving water. (5)
Steve Dallas stated his construction business has installed numerous ˝
gallon toilets and he has not received complaints on them. He noted that they are a great water
conservation tool. (6) Sheryl
McKenzie, Government Affairs Director, Monterey County Association of
Realtors, stated what is lacking in the staff report is how many properties
have these ˝ gallon toilets and the percentage of surveys that were
returned. She stated one question not
on the survey was, “Would you rather not be able to get this credit or put up
with a few of these inconveniences.”
She suggested if the Board eliminates the microphor toilets, that it
give the .7 water credits to the 1gallon toilets that will now be allowed in
place of the microphors. (7) Marc
Beique stated it would be interesting to find out what the Monterey
Regional Water Pollution Control Agency (MRWPCA) has to say about these
toilets in terms of keeping the other end of the system moving. He also stated the toilets are operable
during electrical outages. (8)
Debra Mickleson asked the Board to consider responding to the Marina
Coast Water District Notice of Preparation (NOP) for a Draft EIR. She stated that the Board has a
responsibility to protect the Peninsula’s groundwater quality. (9) Steve Leonard, Vice President,
California-American Water Company (Cal-Am) responded to a request from the
Board as to how much water Cal-Am has transferred into the Ryan Ranch
System. To date the total is 8.5
acre-feet of water transferred in from the Carmel system. He also reported that the replacement well
in Ryan Ranch has been completed and is expected to go on-line within the
next 7-10 days. Director Edwards moved to approve Consent Calendar Items 1 and 2. Director Lehman seconded the motion. The motion was approved unanimously on a vote of 6-0. Director Potter was absent. Approved. Approved. Director Erickson moved to ratify the Board
Chairman’s direction to delete the water credit for ˝ gallon toilets from the
list of water use credits available to offset new water fixtures and that any
reinstatement of that credit would require a CEQA determination that water
conservation would be affected. Director Edwards offered a motion to continue
Consent Calendar Item 3 to the October 30, 2003 Special Board Meeting as a
Public Hearing item. Director
Lindstrom seconded the motion.
Director Erickson requested that the issue and impact of water conservation
be fully discussed at the October 30, 2003 meeting. The motion was approved 5-1. Directors Edwards, Lehman, Henson, Erickson
and Lindstrom voted in favor of the motion.
Director Pendergrass voted against the motion. Director Potter was absent. Director Pendergrass offered an amendment to the
motion to have the water credit reinstated during the interim period until
the October 30, 2003 Public Hearing.
Director Edwards seconded the motion.
The motion failed on a vote of 2-4.
Directors Edwards and Pendergrass voted in favor of the motion. Directors Lehman, Henson, Erickson and
Lindstrom voted against the motion.
Director Potter was absent. Director Pendergrass made a motion to approve staff’s Recommendations (R) 1, 2 and 3. R1) to concur with the proposed Notice of Exemption and file the notice with the County Clerk; R2) to adopt the Findings of Approval, and R3) to approve the application including the 21 Conditions of Approval. Director Edwards seconded the motion. Director Erickson commended staff on the work done for this item. The motion passed unanimously on a vote of 6 to 0. Potter absent. During
the public hearing on this item Tex Irwin expressed support for the
application and stated all the water to be used will stay on the land owner’s
property. The meeting was recessed at 7:57 PM and reconvened at 8:05 PM. The
Board adjourned to Closed Session at 8:35 pm to discuss item 10A due to
relevant information relating to Item 5.
The Board reconvened to open session at 8:54 PM to address Item
5. At that time, District Counsel
reported on the Closed Session discussion of Item 10A. He reported that the Board discussed
strategy and provided direction to staff and Counsel but took no action. Direction Lindstrom moved to not proceed with preparation of an EIR. Director Erickson seconded the motion. Motion approved 4 to 2. Directors Pendergrass, Lehman, Erickson and Lindstrom voted in favor of the motion. Directors Edwards and Henson voted against the motion. Director Potter was absent. The following comments were directed to the Board during the public hearing on this item. (1) Nelson Vega stated that if the Board passes this item, he hopes the Board would consider an amendment to allow water transfers as long as there is no net effect of loss of water by the same owner. (2) Patricia Bernardi asked why an EIR to assess environmental effects associated with terminating the water credit transfer program is required. Instead, she suggested a water credit transfer EIR be done that looked at all the issues associated with this process. (3) Larry Foy suggested the Board should wait to proceed with the EIR due to the costs, and suggested providing additional time for potential consultants to respond to the request for proposals. (4) Tex Irwin stated that termination of the water credit transfer program would have an economic impact on the Peninsula. Director Erickson made a motion to adopt the staff recommendation to approve a contract with Land Systems Group. Director Lindstrom seconded the motion. The motion was approved on a vote of 5-1. Directors Edwards, Lehman, Henson, Erickson and Lindstrom voted in favor of the motion. Director Pendergrass voted against the motion. Director Potter was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) John Fischer
expressed his unhappiness that the Board is considering this item. (2) Sheryl McKenzie, Government
Affairs Director, Monterey County Association of Realtors, stated she was not
pleased that the Board is considering contracting with an organization who
previously presented a flawed study to the Board. (3) Patricia Bernardi expressed
support for the potential contract with Land Systems Group. Director Erickson made a motion to adopt the proposed agreement with the following changes: 1) remove the last sentence under 3a on page 100 of the packet which reads, “For purposes of this Addendum, the parties agree that the use of potable and nonpotable water from sources outside the Seaside Basin for landscape irrigation would not cause a substantive physical effect on the Seaside Basin.” and 2) under 3a remove the words, “… and PVWMA boundaries” and change to … MPWMD boundary. Director Lindstrom seconded the motion. The motion was approved 4-2. Directors Lehman, Henson, Erickson and Lindstrom voted in favor of the motion. Directors Edwards and Pendergrass voted against the motion. Director Potter was absent. During
the public hearing on this item, Debra Mickelson expressed concern
with language on page 100 of the packet which reads, “For purpose of this Addendum,
the parties agree that the use of potable and nonpotable water from sources
outside the Seaside Basin for landscape irrigation would not cause a
substantive physical effect on the Seaside Basin.” Director Henson reported that he received a request from Director Potter to continue this item to a future Board meeting so that he can participate in the discussion. The
Board adjourned to Closed Session at 9:16 PM to discuss Items 9 and 10B. The
Board adjourned to Closed Session at 8:35 pm to discuss item 10A due to
relevant information relating to Item 5.
The Board reconvened to open session at 8:54 PM to address Item
5. At that time District Counsel
reported on the Closed Session discussion of Item 10A. He reported that the Board discussed
strategy and provided direction to staff and Counsel but took no action. |
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CALL TO ORDER/ROLL CALLPLEDGE
OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR
2. Receive Response on Monterra Ranch 2001 and 2002 Annual Reports 3. Ratify Elimination of
Water Credit for Half-Gallon Toilets PUBLIC HEARINGS4. Consider Application by Chugach & Company to Amend Chugach Well No. 2 Water Distribution System – APN No. 189-111-042 ACTION ITEMS5.
Consider Contract with Consultant to Prepare EIR
on Termination of Water Credit Transfer Program 6. Consider Approval of Contract for Water Demand Policies and Procedures Manual 7. Consider Approval of Addendum No. 2 to the Memorandum of Agreement Between the Monterey Peninsula Water Management District (MPWMD), Monterey County Water Resources Agency (MCWRA) and the Pajaro Valley Water Management Agency (PVWMA) 8. Discussion of Director Potter’s Concern Regarding Pulled Consent Calendar Items ADJOURN TO CLOSED SESSION 9. Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation Exists Pursuant to Subdivision (b) (3) (D) of Gov. Code Section 54956.9 (Three Cases) ADJOURN TO CLOSED SESSION 10.
Conference with Legal Counsel – Existing
Litigation – (Gov. Code Section 54956.9) a.
Cities of
Seaside, Carmel, Del Rey Oaks, Monterey, Pacific Grove and Sand City v
MPWMD. Case No. M59441, Monterey
County Superiour Court b. California-American Water Company Application 97-03-052 to the Public Utilities Commission for a Certificate of Public Convenience and Necessity to Construct and Operate a 24,000 Acre-Foot Carmel River Dam and Reservoir and to Recover All Costs in Connection Therewith in Rates ________________________________ Fran
Farina, Acting General Manager |
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