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FINAL MINUTES Regular Meeting Board of Directors Monterey Peninsula Water
Management District April 19, 2004 |
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The meeting was called to order at 7 PM in the Monterey City Council
Chambers.
Directors
present:
Alvin
Edwards, Chair – Division 1 Larry
Foy, Vice Chair – Division 5 Judi
Lehman – Division 2 Kristi
Markey – Division 3 David
Pendergrass – Mayoral Representative David
Potter – Monterey County Board of Supervisors Directors
absent: Michelle Knight –
Division 4 General
Manager present: Fran Farina District
Counsel present: David C. Laredo Director
Edwards asked the assembly to join him in a moment of silence in memory of
Director Knight’s father who passed away earlier in the week. The assembly then recited the Pledge of
Allegiance. The
following comments were directed to the Board during Oral Communications. (1) David Dilworth, representing
Helping Our Peninsula’s Environment (HOPE), alleged that there are various
issues surrounding the Pebble Beach Phase II project. He asked that when the Board discusses this
project, that it consider the environmental impacts, the legal consequences,
and the impacts to the Carmel River from additional potable water pumping. (2)
John Fischer, resident of Pacific Grove, asked the Board to clarify if
the amended Senate Bill 1529 being discussed was the most current draft
available. (3) Douglas Fay,
asked the Board to take a regional approach to finding an alternate water
solution and suggested the Board partner with the Monterey County Water
Resources Agency in an attempt to address Fort Ord water issues and to
prevent Carmel River overdrafts. (4)
Lou Haddad, resident of Monterey, suggested the Board concentrate on
developing a 5,000 acre-foot (AF) desalination plant. He also asked the Board to explore every
possible method that will provide over 15,000 AF of water with no additional
costs to the public. (5) John
Dalessio, resident of Carmel Valley, asked the Board to consider placing
the action items further up on the agenda so that the public could participate
earlier in the meeting. On
a motion by Director Lehman and second by Director Foy, Consent Calendar
items 3, 4 and 5 were pulled for separate consideration. The remaining Consent Calendar items were
adopted unanimously on a vote of 6 - 0.
Director Knight was absent from the discussion and
vote on this item. Approved. Approved. During
the public comment period on this item, Lou Haddad expressed opposition to
the copier purchase and recommended the Board reject all bids and
re-advertise to ensure all vendors have an opportunity to bid. Denied. Director
Lehman offered a motion that was seconded by Director Markey to adopt the
staff’s recommendation and authorize the purchase of the replacement
vehicle. The motion failed on a 3 - 3 vote. Directors Markey, Lehman and Edwards voted
in favor of the motion. Directors
Pendergrass, Foy and Potter voted against the motion. Director Knight was absent from the
discussion and vote on this item. During
the public comment period on this item, Lou Haddad alleged that all the
appropriate truck dealers may have not been sent a bid package. He suggested the Board reject all bids and
re-advertise to include Dodge and Chevrolet dealers. Approved. Director Potter made a motion that was seconded by Director Markey to adopt staff’s recommendation and authorize funds to contract with the Ventana Wilderness Society. The motion was approved by a 5 - 1 vote. Directors Pendergrass, Markey, Lehman, Edwards and Potter voted in favor of the motion. Director Foy voted against the motion. Director Knight was absent from discussion and vote on this item. Approved. During
the public comment period on this item: (1) David Dilworth expressed
concerns with the hazards of electro-fishing and suggested the District
consider alternate methods for fish rescues.
(2) Patricia Bernardi, resident of Carmel Valley, suggested
that the Board continue leading the efforts for steelhead fish rescues since
other agencies, such as the Carmel Valley Steelhead Association, are often
volunteer-based agencies and assistance is usually on a voluntary basis. She also responded to Mr. Dilworth’s
concerns regarding electro-fishing
and stated that the percentage of fish fatalities due to electro-fishing is
relatively small in comparison to the number of fish that are rescued
annually. Approved. Approved. General
Manager Farina announced that a Closed Session meeting is scheduled for 5:30
PM on Thursday, April 22, 2004 at the District Conference room. Ms. Farina acknowledged Rick Dickhaut,
Administrative Services Manager/Chief Financial Officer, for serving as the
Acting General Manger during her absence in March and April. General Manager Farina announced that she
has been invited to speak at the Leadership
Salinas Valley/Leadership Monterey Peninsula/ Association of Monterey Bay
Area Governments (AMBAG) Critical Issues Forum luncheon on Wednesday,
April 21, 2004. Representatives from
the Monterey County Water Resources Agency and the Marina Coast Water
District, would also be participating.
Ms. Farina acknowledged District staff for their participation and
victories at the Sea Otter Classic and extended a birthday wish to Director
Edwards. District
Counsel Laredo reported that the Board met on Closed Session on April 5 and April
12, 2004 to conduct interviews for the General Manager. No Closed Session meeting of the Board was
held on April 19, 2004. Director
Markey asked staff to respond to the concerns raised by Mr. Dilworth
regarding the Draft EIR for the Pebble Beach Company Development Plan. The Board is scheduled to discuss this
matter on April 22, 2004. Director
Potter announced that he would not be present for the April 22, 2004
meeting. In addition, he asked the
Board to consider adjourning the April 19, 2004 meeting in honor of Director
Knight’s father. Chair Edwards continued this item to a future meeting when the full Board could participate. Director Potter offered a motion to approve the first reading of Ordinance No. 114 with the edit proposed by staff to add a sentence to page 87, subparagraph (2) to read,” The Master Bathroom fixture unit value shall not apply to applications proposing to utilize the Special Fixture Unit Accounting allowed by Rule 24 C (1) ( c). The sole exception shall be those applications that proposed the Master Bathroom fixture unit value in the second bathroom and where fees were paid for a planning or building permit application for that project before October 23, 2003. Permits issued under this provision shall require installation of low water use plumbing fixtures to the maximum extent practical to offset one additional fixture unit. This exception shall expire on December 31, 2004.”, and to adopt the Findings and Negative Declaration. Director Foy seconded the motion. Director Markey offered an amendment to add language to
the end of Item 5 of the draft Ordinance No. 114 to read, “This ordinance
specifies the date a property must have met the definition of a Single-Family
Dwelling on a Single-Family Residential Site to qualify for the special
fixture unit accounting to add a second bathroom under Rule 24 with no net
increase in water use. Director Markey offered an amendment to her previous amendment so that Item 5 would read, “This ordinance specifies the date a property must have met the definition of a Single-Family Dwelling on a Single-Family Residential Site to qualify for the special fixture unit accounting to add a second bathroom under Rule 24 with de minimis increase in water use.” Directors Potter and Foy accepted the amendment. The amended motion was approved on a roll call vote of 6 – 0. Director Knight was absent from discussion and vote on this item. The following comments were directed to the Board
during the public hearing on this item.
(1) Virginia Collester, resident of Carmel, asked why residents
with existing structures would be able to benefit from this ordinance but not
residents who desire to develop on vacant lots-of-record. (2) Patricia Bernardi, resident of
Carmel Valley, expressed support for adoption of Ordinance No. 114 and stated
her opinion that having more than one toilet in an existing home is a matter
of convenience rather than an increase in water use. Director Pendergrass offered a motion to approve the
first reading of Ordinance No. 115 with the edit proposed by staff to Section
Five to read, “The District shall not exact a separate calculation for
exterior water usage on a vacant lot or lot containing an uninhabitable
structure when the owner of the Site has submitted clear and convincing
evidence of landscaping and irrigation that was installed by and has
been consistently maintained Edwards, Foy and Potter voted in favor of the motion. Directors Markey and Lehman were opposed. Director Knight was absent from discussion and vote on this item. No comments were directed to the Board during the
public comment period on this item. Chair
Edwards continued this item to a future meeting when the full Board could
participate. Chair
Edwards continued this item to a future meeting when the full Board could
participate. Director Edwards offered a motion to enter into a contract with Edelstein and Gilbert. Director Lehman seconded the motion. Director Potter offered an amendment to the motion, to include the formation of a legislative sub-committee composed of Chair Edwards, himself and possibly an alternate Board member. The Committee is charged to work with the consultants and to address the questions submitted by Senator McPherson on April 19, 2004, that will be discussed by the Board at a future meeting. Director Potter offered an amendment to his motion to include that the Board take a position on opposing the proposed legislation and that a letter signed by Chair Edwards stating the Board’s opposition be sent to the Senator. Directors Edwards and Lehman concurred with the amendments. The amended motion was adopted on a vote of 4 – 2. Directors Markey, Lehman, Edwards and Potter voted in favor of the motion. Directors Pendergrass and Foy were opposed to the motion. Director Knight was absent from discussion and vote on this item. The following comments were directed to the Board
during the public hearing on this item.
(1) Robert Greenwood, representing the Carmel Valley
Association, asked if Senator McPherson had replied to Chairman Edwards’
letter dated April 1, 2004 inviting the Senator and Assemblyman Laird to meet
with the Board of Directors to discuss the proposed bill. He also asked what the duties of the
potential consultant would be. (2)
John Dalessio, representing the Sierra Club, expressed support for hiring
a consultant and asked the Board to send a unified message to Senator
McPherson asking him to allow the District to continue operating as is, without the
changes he proposed. (3)
Patricia Bernardi, spoke in support for obtaining a consultant. She alleged that the public is being left
out of the public voting process and believes the Board needs to hire a
consultant in order to keep the District’s projects in operation. (4) Virginia Collester, expressed
opposition to hiring a consultant. She
alleged that if this item were approved, it would be indifferent to the
outcome of the November 2002 Advisory Vote.
(4) Theresa Martinez, Field Representative to Senator Bruce
McPherson, read a memo from the Senator dated April 19, 2004 (on file at the
District office). The memo thanked the
Board, District staff and other elected officials from Monterey County for
meeting with the Senator on Saturday, April 17, 2004 to discuss the proposed
legislation. (5) Sheryl McKenzie,
expressed opposition to obtaining a consultant and suggested the Board
consider working directly with the Senator on the proposed legislation. (6) John Fischer, stated the
District is a unique community and it has unique water needs. He is concerned that the District will not
be part of the discussion if the proposed legislation is passed. Chair Edwards continued this item to a future
meeting when the full Board could participate. There was no discussion of the Informational
Items/Staff Reports. Director Edwards asked the assembly to stand and
join him in a moment of silence in memory of Director Knight’s father. The meeting was adjourned at 9:15 PM. U:\Arlene\word\20040127\BoardMeetings\Minutes\final0419.doc |
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CALL TO
ORDER/ROLL CALL
PLEDGE OF ALLEGIANCEORAL COMMUNICATIONSCONSENT CALENDAR1.
Consider Adoption of Minutes of the March 15, 2004
Regular Meeting of the Board and March 31, 2004 Board Workshop 2.
Consider Purchase of a Multi-Function Copier for
Water Demand Division 3.
Consider Authorization to Purchase Replacement
Vehicle 4.
Consider Authorization of Funds to Contract with
Ventana Wilderness Society for Carmel River Avian Habitat Monitoring 5.
Consider Authorization of Mitigation Funds to
Contract for Two Positions for Fish Rescues 6.
Consider Adoption of Resolution to Authorize
Transfer Between Funds 7.
Consider Adoption of Treasurer’s Report for
February 2004 GENERAL
MANAGER’S REPORT ATTORNEY’S
REPORT 8.
Report on Closed Sessions of April 5, April 12,
and April 19, 2004 DIRECTOR’S REPORTS9.
Board Comments and Referrals PUBLIC HEARINGS10.
Second Reading of Ordinance No. 112 – Rescinding
Rules Requiring Disclosure of Ex Parte Communications and Repealing Penalties
and Remedies for Non-Disclosure PUBLIC
HEARINGS 11.
Consider First Reading of Ordinance No. 114 – An
Ordinance of the Monterey Peninsula Water Management District Amending
District Rule 24 to Clarify Special Fixture Unit Accounting for Second
Bathrooms and Consider Adoption of Negative Declaration 12.
Consider First Reading of Ordinance No. 115 – An
Ordinance of the Monterey Peninsula Water Management District Clarifying
Water Use Credit Rules, Cancellation of Permits Rules, and Setting Fees for
Water Use Credit Documentation 13.
Consider First Reading of Ordinance No. 116 –
Carmel River Advisory Committee Member Terms 14.
Consider Second Reading of Ordinance No. 113 –
Setting Compensation for Board Members ACTION
ITEMS 15.
Consider Authorization of Funds to Employ
Consultant to Promote Resolution 2003-01 16.
Consider Adoption of Resolution for Continuation
of the District’s Mitigation Program INFORMATIONAL
ITEMS/STAFF REPORTS 17.
Letters Received 18.
Committee Reports 19.
Strategic Planning Initiatives Progress Report 20.
Carmel River Fishery Report 21.
Water Conservation Program Report 22.
Monthly Allocation Report 23.
Monthly California-American Water Company
Production Report 24.
Production Report – CAWD/PBCSD Wastewater
Reclamation Project 25.
Monthly Water Supply Status Report 26.
Quarterly Geographic Information Systems Program
Update 27.
Quarterly Public Information Program Report 28.
Quarterly Water Supply Project Status Report 29.
Quarterly Irrigation Program and Riparian Projects
Report 30.
Quarterly Carmel River Erosion Protection and
Restoration Projects Report 31.
Quarterly Water Use Credit Transfer Status Report 32.
Quarterly Cal-Am Sales Report ADJOURNMENT |
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Fran Farina, Secretary to the Board
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