EXHIBIT 1-B
MINUTES
Special Meeting
Board of Directors
Monterey Peninsula Water
Management District
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The meeting was called to order at 7:30 PM in the 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
Potter – Monterey County Board of Supervisors David
Pendergrass – Mayoral Representative General
Manager –
Fran Farina District
Counsel –
David C. Laredo The
Assembly recited the Pledge of Allegiance. The
following persons directed comments to the Board during Oral
Communications. (1) John Williams,
former member of the District Board, stated that the water main leak he
reported six weeks ago in a letter to California-American Water Company and
the District has not been repaired, although Cal-Am has investigated the site
of the leak (2) John Fischer,
resident of Pacific Grove, thanked Directors Erickson, Henson and Lindstrom
for taking time out of their busy lives to serve on the Board of Directors. (3) Gillian Taylor, Ventana Chapter of
the Sierra Club, read a statement signed by Rita Delassio, acknowledging the
hard work, dedication and integrity of Directors Erickson, Henson and
Lindstrom. (4) Kristi Markey,
recently elected representative to Division 3, expressed appreciation to
Directors Erickson, Henson and Lindstrom for all of their hard work over the
past four years. The
Consent Calendar was approved on a vote of 7 – 0. Director Edwards cast a no vote on item 1. Approved
on a vote of 6 – 1. Director Edwards voted in opposition. General Manager Farina advised that the
staff note should be corrected to state that the recommendation to adopt the
proposed guidelines was made by the Administrative Committee, not by District
staff. Approved.
Approved. Approved. Approved. Dr. Morel-Seytoux ,
Professor Emeritus of Civil Engineering at Colorado State University, presented
his assessment of conclusions presented in two reports: (a) Camp, Dresser & McKee and others, March
1994. Comprehensive Hydrological Study, prepared for Rancho
San Carlos Combined Development Permit Application (including 3 supplements
to main report); and (b) Fugro West,
Inc., July 14, 2003. Evaluation of Groundwater Pumping Impacts on
Stream Base Flow at Santa Lucia Preserve.
Dr. Morel-Seytoux
initially reviewed the reports at the request of John McKeon, NOAA Fisheries. A copy of Dr. Morel-Seytoux’s review is on file at the
District office. No
report was presented. District
Counsel Laredo stated that a report was made to the Board on one case of
anticipated litigation. No reportable
action was taken at the meeting No
comments from the Directors. No
action was taken on the item. Director Potter offered a motion to grant
the appeal. Director Lindstrom
seconded the motion. The motion
failed on a vote of 3 to 4. Directors
Lindstrom, Pendergrass and Potter voted in favor of the motion. Directors Edwards, Erickson, Henson and
Lehman voted against the motion. Director
Henson proposed a motion to adopt the findings of denial and deny the
appeal. Director Lehman seconded the motion. The motion failed on a vote of 3 to
4. Directors Erickson, Henson and
Lehman voted in favor of the motion.
Directors Edwards, Lindstrom, Pendergrass and Potter voted against the
motion. Director
Potter offered a motion that the water credit should be awarded to Mr.
Hanlon, based on findings that unique and special circumstances exist. The findings would state that an undue
hardship would be placed upon the applicant if he were to remove the second
showerhead and retile the shower. In
addition, evidence in the record shows that the applicant did take out a
permit for the illegally installed spa.
Also, the act of granting an appeal would not result in increased
water use at the site. Director Erickson seconded the motion and
offered an amendment that was accepted by Director Potter, to delete the
reference to an undue financial hardship due to removal of the second
showerhead. Instead, findings of
special circumstances would be based on evidence provided by the City of
Monterey and the District that Mr. Hanlon obtained a water permit and paid
for one fixture unit to legalize a spa on his property, and that the water
permit was originally issued on September 27, 2000 to add a bathroom, a
utility sink and a bar sink. In
addition, the act of granting an appeal would not result in increased water
use at the site. The motion was
adopted on a vote of 5 – 2. Directors
Edwards, Erickson, Lindstrom, Potter and Pendergrass voted in favor of the
motion. Directors Henson and Lehman
were opposed. During
the public hearing on this item, Robert Hanlon stated that he did not receive
a copy of the staff report on this item until the day of the public hearing,
and therefore could not prepare thoroughly for the public hearing. He asked the Board to grant the appeal
because he did not receive notice that water credit would no longer be
allowed for his hot tub prior to expiration of the credit. According to Mr. Hanlon, his remodel plans
were thwarted by lack of notification that the District’s rules had changed Special Counsel Carl Nelson reviewed a list of
corrections that should be made to the ordinance. Please refer to Attachment
1. Director Edwards offered a motion to continue this
item to the next Board meeting, or for 30 days. Director Pendergrass seconded the motion. The motion failed on a vote of 2 – 5. Directors Edwards and Pendergrass voted in
favor of the motion. Directors Erickson, Henson, Lehman, Lindstrom and Potter
voted against the motion. Director Potter proposed a motion to adopt the
Finding of Approval. Director Henson
seconded the motion. The motion
failed on a vote of 2 – 5. Directors Potter and Henson voted in favor of the
motion. Directors Edwards, Erickson,
Lehman, Lindstrom and Pendergrass were opposed. Director Lindstrom offered a motion that the
ordinance be addressed for CEQA compliance as part of Monterey County’s draft
EIR on the current development that is forthcoming. Director Lehman seconded the motion. The motion failed on a vote of 2 – 5. Directors Lindstrom and Lehman voted in favor of the
motion. Directors Edwards, Erickson,
Henson, Pendergrass and Potter were opposed. Director Henson made a motion to direct staff to
prepare an environmental impact report on the proposed Ordinance No. 109. Director Lindstrom seconded the
motion. Director Henson later
withdrew his motion. Director Henson proposed a motion that the Board find that there has been no change in circumstances sufficient to warrant further environmental analysis of Ordinance No. 109. Director Pendergrass seconded the motion. Director Pendergrass later withdrew his second. Director
Henson restated the motion to require that the Board find that the adoption
of Ordinance No. 109 does not involve any new or different environmental
circumstances that would trigger a need for further environmental review
under Public Resources Code Section 21166.
Director Erickson seconded the motion. The motion was adopted on a vote of 5 – 2. Directors Erickson, Henson, Lehman,
Lindstrom and Potter voted in favor of the motion. Directors Edwards and Pendergrass voted against the motion. Director Henson
offered a motion to approve the second reading of Ordinance No. 109 as
presented by District Counsel that evening, including the addition of section
23.5(4)(d) on page 51 of the Board Packet which states “Excepting for
fixtures in a residential remodel, all new water using fixtures that use a
portion of the water entitlement shall have the water entitlement separately
metered.” Director Lindstrom seconded
the motion. The motion was approved
unanimously on a vote of 7 – 0. The
following comments were directed to the Board during the public comment
period on this item. (1) Mark
Stilwell, Executive Vice President for Pebble Beach Company, requested that the Board defer action on
adoption of Ordinance No. 109 so that the reclamation project participants
have additional time to analyze the revised ordinance and work with District
staff to resolve issues that were outlined in a letter dated November 21,
2003, (on file at the District office). He disagreed with the proposed requirement for monitoring water
use at sites that utilize entitlement water.
He suggested that the landscaping factor for large lots should be
adjusted as a means to account for high water use on lots in the Del Monte
Forest. (2) Alan Williams
expressed a concern that the monitoring requirements could discourage people
from purchasing the entitlement water, which would impede the collection
of fees to fund expansion of the wastewater
reclamation facilities. He suggested
that the ordinance be modified to ensure that future actions of the Board
could not negate the terms of a water permit purchased for use of the
entitlement water. (3) Lloyd
Lowrey, representing the Independent Reclaimed Water Users Group,
requested that the Board continue consideration of Ordinance No. 109 to a
future meeting date. He referenced a
letter dated November 20, 2003 outlining his concerns. The letter is on file at the District
office. (4) Rob Wellington,
representing the Pebble Beach Community Services District and the Carmel Area
Wastewater District, requested that consideration of Ordinance No. 109 be
continued to a future meeting date.
The ordinance must be amended further before all associated agreements
can be signed. His concerns were
outlined in a letter dated November 14, 2003 that is on file at the District
office. (5) Jim Nero,
President of the Del Monte Forest Property Owners Association, requested that
consideration of Ordinance No. 109 be continued for 30 days, in order to
allow time to review sections of the ordinance that have been revised, such
as rules that restrict the rights of property owners by requiring perpetual
access to water use records. Director Potter excused himself from the meeting at 10:20 PM, prior to the hearing on Item 11. The Directors made the following recommendations. (a) The Water Demand Committee could formulate a new committee such as the Technical Advisory Committee with an expanded membership that includes representatives from neighborhood organizations, the California Native Plant Society, or groups that represent natural habitats such as the Monarch butterfly. (b) Showcase xeriscapes. (c) Educate the Technical and Policy Advisory Committee members on conservation measures, and encourage the jurisdictions to conduct water audits and implement best management practices on municipal properties. Director Lindstrom stated that it had been a pleasure to serve on the Board. During his term of office water profiteering was ended, and progress was made on planning for a water supply project. Director Erickson expressed relief that construction of a dam on the Carmel River is no longer under consideration, so the public can move ahead on development of an environmentally sound water supply project. Director Henson extended accolades to District staff. He noted that the proposed Moss Landing desalination plant would not produce more water than the Sand City desalination plant proposed by the District. He announced that an EIR on the Sand City desalination plant would be presented at the December 15, 2003 Board meeting. He hoped the Board would continue to move forward on development of a water supply project, instead of waiting for Cal-Am or another entity to do so. The meeting was adjourned at 10:35 PM. |
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS CONSENT CALENDAR 1.
Consider Guidelines for Noticing Ad Hoc Committee Meetings 2.
Consider Adoption of Resolution of Appreciation for Molly Erickson,
Division 3 3.
Consider Adoption of Resolution of Appreciation for Kris Lindstrom,
Division 4 4.
Consider Adoption of Resolution of Appreciation for Zan Henson,
Division 5 5.
Consider Adoption of Resolution of Appreciation for David Pendergrass PRESENTATIONS 6.
Hubert Morel-Seytoux Regarding Garzas Creek GENERAL
MANAGER’S REPORT REPORT
FROM DISTRICT COUNSEL ON NOVEMBER 24, 2003 CLOSED SESSION DIRECTOR’S
REPORT 7.
Board Comments and Referrals PUBLIC
HEARINGS 8.
Consider Water Use Credit Recommendation for Installation of SOMAT
Disposal Systems and Waterless Urinals at the Presidio of Monterey – Continued
to February 26, 2004 Board Meeting at Request of Applicant 9.
Consider Appeal of General Manager’s Decision to Deny a Water Use
Credit for an Outdoor Spa Pursuant to MPWMD Resolution 2001-09 – Gregory
Hanlon, 672 Van Buren Circle, Monterey – APN 001-511-018 10.
Continuation of Second Reading of Ordinance No. 109 – Revising Rule
23.5 and Adopting Additional Provisions to Facilitate the Financing and Expansion
of the Carmel Area Wastewater District (CAWD)/Pebble Beach Community Services
District (PBCSD) Recycled Water Project, Approval of Related CEQA Findings 10. Continuation of Second Reading of Ordinance No. 109 –
Revising Rule 23.5 and Adopting Additional Provisions to Facilitate the
Financing and Expansion of the Carmel Area Wastewater District (CAWD)/Pebble
Beach Community Services District (PBCSD) Recycled Water Project, Approval of
Related CEQA Findings ACTION ITEMS11. Provide Direction to Staff on Development of Baseline Conservation Requirements DIRECTORS’ CLOSING COMMENTS ADJOURNMENT |
____________________________________ Fran Farina, Secretary to the Board
U:\staff\word\boardpacket\2003\2003boardpacket\20031215\ConsentCalendar\1\item1_exh1b.doc