EXHIBIT 1-B
DRAFT MINUTES
Special Meeting
Board of Directors
Monterey Peninsula Water
Management District
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The meeting was called to order at 7:00 PM in the District conference room. Board
members present: Alexander
“Zan” Henson, Chair – Division 5 Judi
Lehman, Vice Chair – Division 2 Alvin
Edwards, Division 1 Molly
Erickson, Division 3 (Arrived at 7:30 PM) Kris
Lindstrom, Division 4 David
Pendergrass, Mayoral Representative Board
members absent: David
Potter, Monterey County Board of Supervisors General
Manager present: Fran Farina District
Counsel present: David C. Laredo The
assembly recited the Pledge of Allegiance. On the recommendation of District Counsel, Director Lindstrom made a motion to add an urgency item to the agenda titled Action Item No. 15, Discuss Schedule for Surf ‘n Suds Water Transfer Revocation Hearing and Consider Recommendation from Special Counsel. Director Lehman seconded the motion. It was adopted unanimously on a vote of 5 – 0. Directors Edwards, Henson, Lehman, Lindstrom, and Pendergrass voted in favor of the motion. Directors Erickson and Potter were absent. No
comments were directed to the Board during Oral Communications. On
a motion by Director Pendergrass and second by Director Lindstrom, the
Consent Calendar was unanimously approved on a vote of 5 – 0. Directors Edwards, Henson, Lehman,
Lindstrom and Pendergrass voted in favor of the motion. Directors Erickson and Potter were absent. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Approved. General
Manager Farina reported that the community will exceed its water budget for
October 2003. A letter has been sent
to California-American Water Company (Cal-Am) with instructions on steps that
the District’s Water Conservation and Standby Rationing rules require the
water purveyor to take when moving into Stage 2 of the water conservation
program. Cal-Am must evaluate its
leakage rate to determine if it exceeded 7 percent over the past twelve
months. In addition, water
conservation requirements will be applied to large water users and
irrigators. District
Counsel Laredo did not present a report. Director
Pendergrass requested that the entire Board consider implementation of new
rules regarding the installation of bathrooms under Ordinance No. 98 that
were mandated by Chair Henson at the September 23, 2003 Water Demand
Committee meeting. Director Henson
agreed to add the item to a future agenda. Director
Lehman requested that the Board receive a report on the permitting process
for drilling wells. General Manager
Farina agreed to add an item to the next Water Demand Committee meeting
agenda. On a motion by Director Lehman and second by Director Lindstrom, Ordinance No. 110 was adopted unanimously on a vote of 5 – 0. Directors Erickson and Potter were absent. The
following comments were directed to the Board during the public hearing on
this item. (1) Marc Beique, a
resident of Monterey, spoke in support of expanding the rebate program. He also proposed establishment of a water
bank. Permitees could elect to place
unused water credits in a fund that could be accessed by people who need
water credits. (2) John Fischer,
resident of Pacific Grove, suggested that the District work with owners of
apartment complexes to develop retrofitting requirements for re-circulating
or instant-access hot water systems. (3)
Nancy Isakson expressed concern about the high cost of rebate
programs. For example, the District
estimates that 150 acre-feet of water were saved through retrofitting 4,600
toilets. The cost to the District
based on a $100 rebate per toilet would be $460,000 not including staff
time. She stated that a cost-benefit
ratio analysis shows that the rebate programs are expensive. (4) Larry Foy urged the Board to
proceed with caution when requiring the installation of cisterns. He also noted that if the selection of
ultra-low flow fixtures on the market is limited, there may be a problem in
the future if we find that certain models don’t operate efficiently, as in
the case of one-half gallon flush toilets.
(5) Sheryl McKenzie, Government Affairs Director for the
Monterey County Association of Realtors (MCAR), stated that water credit
obtained through retrofitting should be transferable. She spoke in support of establishment of a
water bank. Director Pendergrass proposed a motion that was seconded by Director Edwards, to suspend Chair Henson’s direction to eliminate water credit for installation of the one-half gallon flush Microphor toilet. The motion failed on a vote of 2 – 4. Directors Edwards and Pendergrass voted in favor of the motion. Erickson, Henson, Lehman and Lindstrom voted against the motion. Director Potter was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) McKenzie Patterson
stated the one-half gallon toilets have been in use in his home for 22 years
and he has installed them in 20 Peninsula residences and Devendorf Park in
Carmel. According to Mr. Patterson,
the one-half gallon toilets operate well if they are properly installed and
maintained. (2) Sheryl McKenzie,
Government Affairs Director for the MCAR, suggested that the survey sent out
to users of the one-half gallon toilet should have asked the question, “Would
you rather have the option to install the one-half gallon toilets, or not
install them and not be allowed to build your house?” Ms. McKenzie noted that the 35 survey
respondents who expressed dissatisfaction with the toilets represent only 17
percent of persons who installed them.
(3) Marc Beique stated that if the Monterey Regional Water
Pollution Control Agency supports installation of the one-half gallon flush
toilets, then he would also advocate for them. (4) Mitzi Dallas stated that the one-half gallon flush
toilets are installed in many units she has built. They operate well if installed and maintained properly. Applicants should have the option to
install the one-half gallon flush toilets. Director
Lehman proposed a motion that was seconded by Director Erickson, to adopt the
first reading of Ordinance No. 111 and delete any reference to the one-half
gallon flush toilet. The motion was
approved on a vote of 4 – 2.
Directors Erickson, Henson, Lehman and Lindstrom voted in favor of the
motion. Directors Edwards and
Pendergrass voted in opposition to the motion. Director Potter was absent. The
following comments were directed to the Board during the public hearing on
this item. (1) Nancy Isakson
urged the Board to complete an initial study prior to first reading of the
ordinance. (2) Marc Beique, a
resident of Monterey, suggested that the ordinance require installation of
instant access hot-water systems that heat water at the tap, because
re-circulating systems are energy intensive.
He also noted that outdoor water use is the main source of water waste
and urged the Board to address that issue.
(3) Sheryl McKenzie asked for clarification of item 29, Outdoor
Water Uses, listed on Table 1. (4)
Larry Seeman, representing the City of Seaside, stated that the City
could not comment on the ordinance until an initial study is prepared and the
appropriate environmental analysis is completed. He recommended that the Board defer first reading of the
ordinance until the CEQA analysis has been prepared. Mr. Seeman requested that the City of
Seaside receive a copy of the CEQA documents. Director Edwards proposed a motion to reject the first reading of Ordinance No. 112. Director Pendergrass seconded the motion. The motion failed on a vote of 2 – 4. Directors Edwards and Pendergrass voted in support of the motion. Directors Erickson, Henson, Lehman and Lindstom voted in opposition to the motion. Director Potter was absent. Director
Henson proposed a motion that staff present additional information on
cisterns and the feasibility of requiring the installation of low-flow
washing machines so that the Board can make a decision about whether to
codify related rules in the ordinance.
Ordinance No. 112 should also include a statement that the District
will pursue establishment of a ban on self-generating water softener systems
and sustainable landscape regulations.
There was no second to the motion. Director
Lindstrom proposed a motion that was seconded by Director Erickson, to
develop two conservation ordinances.
One would establish baseline conservation measures for indoor water
use, and the other would establish sustainable landscape regulations that
embody baseline measures for outdoor water use. The Board would provide direction to staff on details of the
ordinance. The motion was adopted on
a vote of 4 – 2. Directors Erickson,
Henson, Lehman and Lindstrom voted in favor of the ordinance. Directors Edwards and Pendergrass voted in
opposition to the ordinance. Director
Potter was absent. The
Board directed staff to consider the following items in development of the
baseline conservation ordinances.
Provide an exemption for low and very-low income housing. Ensure that jurisdictions, building
contractors, plumbers, and realtors participate in review of the
ordinances. Coordinate with the
Monterey Regional Water Pollution Control Agency regarding development of a
rule to ban self-generating water softeners.
Include conservation measures that apply to apartment buildings. The first priority is development of an
ordinance on exterior water use. The
following comments were directed to the Board during the public hearing on
this item. (1) Sheryl McKenzie,
Government Affairs Director MCAR, stated that the MCAR is opposed to the
ordinance. She disagreed with the
requirement that low-flow dishwashers and washing machines be installed at
point of sale. She also expressed
concern over the cost to install the required conservation measures. Ms. McKenzie stated that a 10-year old
study found that for every $1,000 added to the cost of a house, 100 families
are priced-out of the home buying market.
In addition, the requirements would increase the cost to construct new
low-income housing units. (2)
Nancy Isakson expressed agreement with comments made by Ms.
McKenzie. She stated that a
cost-benefit analysis of the ordinance must be conducted. She encouraged the Board to prepare an
economic analysis of the effects of this ordinance, even though such a study
is not required under CEQA. (3)
Marc Beique, a resident of Monterey, stated that requiring the
conservation measures in all residences and businesses is not
appropriate. Waterless urinals may
not be practical for certain applications such as in hospitals. He stated that a 2,000 square-foot house
would yield approximately 500 gallons of water for a cistern. He questioned the high cost for 500
gallons of water. He noted that under
the proposed rules, costly cistern systems would be required in all new
housing including low-income projects.
(4) Nelson Vega stated that the ordinance unfairly targets
persons who sell a house or remodel after 2006. He reasoned that all members of the community use water and
should share in the responsibility to conserve water. He proposed that a more equitable method
of achieving water savings is to require that individual water users pay more
for their water if they exceed an established limit. (5) Tex Irwin, a Monterey Peninsula
resident, asked if the proposed rules require that an entire apartment
complex be retrofitted when only one apartment is remodeled. He suggested that installation of
irrigation systems should not be required for projects that have no
landscaping. (6) Ray Worrell,
a member of MCAR, stated that his home does have a cistern system. In his experience, the cistern fills in
the winter when that water is not needed and is empty in the summer. According to Mr. Worrell, a cistern system
is only useful for outside irrigation if it includes a pressure system, and even
then water flow is not adequate. The
system requires maintenance. He
recommended that the Board should not mandate the installation of cistern
systems. (7) John Fischer asked
the Board to consider including apartment buildings in the residential category
of its ordinance. (8) Bob
McKenzie, a resident of Monterey, described the ordinance as
“silly.” He stated that per-capita
water consumption in the District is the lowest in California, and that
additional water conservation requirements are not needed. He urged the Board to refrain from
adoption of the ordinance. (9)
Larry Foy, President of the Monterey County Hospitality Association,
expressed concern about the suggestion that apartments be included in the
remodeling requirements of the proposed ordinance because that might be
extended to hotels that generally remodel every 7 years. According to Mr. Foy, the hospitality
industry has saved more water than any other sector of the community through
the retrofitting of laundry facilities, toilets and other required
measures. To impose additional
measures would be unfair. (10) Jim
Clark, a resident of Del Rey Oaks, stated that the sewer system on the
Monterey Peninsula was designed to carry a specific amount of flow. Expanding requirements for the
installation of low-flow water using fixtures will reduce the amount of flow
through the sewer lines and could create a problem in the sewer system. He urged the Board to focus on development
of a water supply. The
meeting was recessed at 9:20 PM and reconvened at 9:30 PM. Director Edwards proposed a motion to cancel the hearing on the Surf ‘n Suds matter and close the issue. Director Lindstrom seconded the motion. The motion was approved unanimously on a vote of 6 – 0. Directors Edwards, Erickson, Henson, Lehman, Lindstrom and Pendergrass voted in favor of the motion. Director Potter was absent. No
public comment was directed to the Board on this item. The
meeting was adjourned at 9:30 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE
OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Approval of Minutes from the Regular Board Meeting of
September 15, 2003 2.
Adopt Board Meeting Schedule for 2004 3.
Consider Authorization of Conservation Funds to Hire Temporary
Employees for Records Reorganization 4.
Authorize Expenditure of Mitigation Funds for Replacement of Fish
Counter at San Clemente Dam 5.
Authorize Expenditure of Mitigation Funds for Extra Work by John F.
Otto, Inc. for Interim Sediment Retrofit Project at Sleepy Hollow Steelhead
Rearing Facility 6.
Authorize Payment for Fort Ord Monitor Well License Renewal 7.
Consider Contract with the Carmel River Watershed Conservancy to
Provide Services for an Environmental and Biological Assessment of Portions
of the Carmel River Watershed 8.
Consider Authorization of an Agreement to Provide Arbitrage
Calculation Services for the Carmel Area Wastewater District/Pebble Beach
Community Services District (CAWD/PBCSD) Wastewater Reclamation Project
Certificates of Participation 9.
Consider Adoption of Treasurer’s Report for July 2003 GENERAL MANAGER’S REPORT ATTORNEY’S REPORT DIRECTORS’ REPORTS 10.
Board Comments and Referrals PUBLIC HEARINGS 11.
Consider Second Reading and Adoption of Ordinance No. 110 – Expanding
the Toilet Retrofit Rebate Program to Include Rebates for Ultra-Low
Consumption Dishwashers, Ultra-Low Consumption Washing Machines, Dual-Flush
Ultra-Low Flush Toilets, Hot Water Demand Pumping Systems and Rainwater
Cisterns PUBLIC HEARINGS 12.
Ratify elimination of Water Credit for Half-Gallon Flush Toilets 13.
Consider First Reading of Ordinance No. 111 – Amending District Rule
24 and Rule 11 PUBLIC HEARINGS 14.
Consider First Reading of Ordinance No. 112 – Amending Baseline Water
Conservation Requirements and Amending and Republishing Rules 11, 142, and
144 PUBLIC HEARINGS 14.
Consider First Reading of Ordinance No. 112 – Amending Baseline Water
Conservation Requirements and Amending and Republishing Rules 11, 142, and
144 ACTION ITEMS 15.
Discuss Schedule for Surf ‘n Suds Water Transfer
Revocation Hearing and Consider Recommendation from Special Counsel ADJOURNMENT |
______________________________
Fran Farina, Secretary to the Board
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