January 11, 2005

Call to Order

The meeting was called to order at 9:10 AM in the District Conference Room.

Committee Members Present

City of Carmel-by-the-Sea Sean Conroy

City of Del Rey Oaks Ron Langford

City of Monterey Chip Rerig

City of Sand City Steve Matarazzo

City of Seaside Diana Ingersoll, Chair

Committee Members Absent

City of Pacific Grove Doug Rick

County of Monterey Al Mulholland

Monterey Peninsula

Airport District Thomas Greer

District Staff Members Present

David A. Berger, General Manager

Stephanie Pinter, Water Demand Manager

Arlene Tavani, Executive Assistant

Directors Present:

Larry Foy participated in the Committee discussion

Judi Lehman was a member of the audience

District Counsel Present

David C. Laredo

Comments from the Public

No comments were received.

Action Items

1. Approve Minutes of Committee Meetings

On a motion by Mr. Langford and second by Mr. Matarazzo, minutes of the January 28, May 4, June 1, and November 2, 2004 committee meetings were approved unanimously on a vote of 5 – 0.

2. Discuss Baseline Outdoor Water Use Concepts

The committee members agreed to provide the District with information on each jurisdiction’s landscape plan requirements in advance of the February 2005 TAC meeting. The District would use this information to develop an ordinance specifying District-wide outdoor landscaping requirements in order to promote outdoor water conservation. The Committee members were interested in reviewing an ordinance developed by the Board, but expressed support for the District serving as the “gatekeeper,” responsible for review of property owners’ landscaping plans and ensuring compliance.

During the discussion each jurisdiction represented gave an update on their outdoor landscape requirements. Monterey – none required. There may be support for requiring new homes to install 75 percent outdoor drought tolerant landscaping. Sand City – the City follows State requirements, but they have not been adopted as City policy. Seaside – installation of drought tolerant landscaping and specific irrigation measures are required. Carmel – require 75% of outdoor area to be drought tolerant landscaping for all new construction and remodels. This is only required for projects that will make a change to landscaping. Del Rey Oaks – No ordinance in place. The Planning Commission has required drought tolerant landscaping for specific projects.

The following comments were received on a proposal to require that a landscaping plan be prepared and approved for homeowner-installed residential landscapes, if new construction or a remodel is not involved. (1) Would not support. (2) Best to encourage homeowners to develop a plan and install drought tolerant landscaping. Due to budgetary constraints for review and enforcement, it should not be a requirement. (3) Residents should be educated on drought tolerant landscape measures, instead of requiring them. (4) Could require landscape plan and review for subdivisions of a specific size.

During the public comment period on this item, Judi Lehman suggested that the jurisdictions and the District could sponsor a “landscape design night.” Examples of good landscapes would be identified, and the public would be encouraged to drive to those locations to view the landscapes on a specific evening. She also proposed that a model house could be developed in a joint venture between the District and the jurisdictions. The house could feature the most up-to-date energy and water saving devices and drought tolerant landscaping.

Discussion Items

3. Discuss District Request for General Plan Build-Out Numbers from Land Use Jurisdictions

The committee members were encouraged to take their estimates of general plan build-out to their governing bodies for review and approval, before submitting them to the District. In addition, the committee members were asked to provide a near-term build-out projection based on the housing element of their general plans.

During the public comment period on this item, Judi Lehman requested that the Board be provided an explanation of any difference between the water needs estimates developed by the jurisdictions in 1999 and the current projections. The committee members responded by stating that the methodology used to develop the 1999 projections was very different from the current methodology, so they could easily explain the differences between the two reports.

4. Request to Agendize Governmental Water Credit Transfers

The committee members discussed the request from the City of Monterey that the District amend its rules to allow the transfer of water credit from governmental entities (military installations, community colleges, city facilities) to the jurisdiction or private parties within that jurisdiction.

District Counsel Laredo stated that it might not be necessary to amend the District’s rules to allow the type of water credit transfer requested by the City of Monterey. He explained that: (1) the District’s rules allow water credits to be transferred from an existing commercial or industrial use to another commercial or industrial use, or to the jurisdiction; (2) the aforementioned water credit could be transferred from the jurisdiction to a governmental entity, with the 15 percent deduction; or (3) this water credit would be processed as a Table 2 Use Factor (commercial/industrial) transfer to another Table 2 Use Factor, because there is no “governmental” use factor. Mr. Laredo also noted that the City of Monterey could request that the District adopt an ordinance to clarify the rules that allow the transfer, which could be processed under CEQA with a Negative Declaration because it would only define existing rules. General Manager Berger stated that if the City of Monterey chose to apply for the water credit transfer, or requested adoption of a clarifying ordinance, District staff would propose that the City release the District from any liability.