Regular Meeting
Board of Directors
Monterey Peninsula Water Management District
August 20, 2001
7:00 PM
Monterey City Council Chambers
Pacific and Madison, Monterey CA 93940
This meeting has been noticed according to the Brown Act rules. The Board of Directors meets regularly on the third Monday of each month.  The meetings begin at 7:00 PM in the Monterey City Council Chambers.



  5. ORAL COMMUNICATIONS Anyone wishing to address the Board on Consent Calendar, Informational Items, Staff Reports or matters not listed on the agenda may do so during Oral Communications. Please limit your comment to three minutes. The public may comment on Action and Public Hearing items at the time they are considered by the Board.

  7. CONSENT CALENDAR Routine items for which staff has prepared a recommendation. Approval of the Consent Calendar ratifies the staff recommendation. The public may address the Board on any Consent Calendar item during the Oral Communications portion of the meeting. Please limit your comments to three minutes.
    1. Consider Approval of Minutes from the Strategic Planning Session of July 9, 2001 and the Regular Meeting of July 16, 2001
    2. Consider Ratification of Agreements
    3. Consider Authorization of Funds to Contract with Gerry Montgomery for Facilitation of Public Advisory Committee on Redistricting
    4. Consider Authorization of Funds to Contract with Yates, Feeney and Rosenberg for Completion of Phase III Hydrogeologic Study of the Laguna Seca Subarea
    5. Consider Authorization to Enter into Contract with California Department of Fish and Game for Carmel River Instream Habitat Restoration
    6. Consider Authorization of Funds for Sleepy Hollow Steelhead Rearing Facility Stand-By Generator Sets Maintenance Agreement
    7. Receive Semi-Annual Groundwater Quality Results
    8. Consider Approval of Fourth Quarter Investment Report
    9. Consider Adoption of Treasurer's Report for July 2001
    1. General Manager's Report
      1. Improving Communication Using the District's Web Site and Electronic Media
    1. Attorney's Report
    2. Directors' Reports
      1. Board Comments and Referrals
    1. Consider Appeal of "Decision of the General Manager of the MPWMD" Regarding Denial of Water Use Credits for 3481 Oliver Road, Carmel - John Mandurrago

    2. ACTION: Mr. Mandurrago is appealing the District's denial of water credit for plumbing in his residence. Credit was denied for water fixtures that could not be verified. The Board will consider the request and provide direction to staff.
    3. Consider First Reading of Ordinance No. 99 - An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Requiring Disclosure of Ex Parte Communications and Establishing Penalties and Remedies for Non-Disclosure

    4. ACTION: The Board will consider the first reading of Ordinance No. 99 which expands the current requirements for disclosure of ex parte communications between Directors and permit applicants and establishes penalties and remedies for non-disclosure. As proposed, the disclosure requirements would extend to applicants' agents, interested persons, and persons with economic interests. Penalties for non-disclosure would include denial or revocation of permits.
    1. Discussion and Information Regarding Modifications to District Rule 28, Transfer, and Continuation of Water Credit Transfer Application Suspension

    2. ACTION: The Board will discuss potential components of a revised Water Use Credit transfer program and will consider extending its suspension of staff's authority to receive transfer applications. Staff was directed not to accept new applications for transfer at the June 2001 meeting. The first reading of an ordinance modifying the transfer program is scheduled for the September Board meeting.
    3. Consider Approval of Standard Format and Implementation Guidelines for Deed Restrictions

    4. ACTION: Deed restrictions are routinely used by the District for enforcement of rules and conditions and to notify current and future property owners of specific conditions, violations or restrictions on a property. The Board will consider a set of guidelines and sample deed restrictions and direct staff on their use.
    1. Consider Authorization of Funds for a Legal Services Agreement with De Lay & Laredo for Fiscal Year 2001-2002

    2. ACTION: The Board will consider renewal of a contract with De Lay & Laredo. The current contract was extended in June 18, 2001, and remains in effect on a month-to-month basis. Public comment will be received on this item.
  1. INFORMATIONAL ITEMS/STAFF REPORTS The public may address the Board on Informational Items and Staff Reports during the Oral Communications portion of the meeting. Please limit your comments to three minutes.
    1. Letters Received
    2. Committee Reports
    3. Strategic Plan Update
    4. Water Supply Projects
    5. Carmel River Fishery Report
    6. Carmel River Erosion Protection and Restoration Report
    7. Irrigation Program and Riparian Projects Report
    8. Water Conservation Program Report
    9. Public Information Program
    10. Monthly Cal-Am Sales Report
    11. Monthly Cal-Am Production Report
    12. Monthly Allocation Report
    13. Water Credit Transfer Report
    14. Financial Report - CAWD/PBCSD Wastewater Reclamation Project
    15. Production Report - CAWD/PBCSD Wastewater Reclamation Project
    16. Redistricting Progress Report
    17. August 2001 Water Supply Status Report
    18. Receive Report on Fourth Quarter Financial Activity

  1. ADJOURN TO CLOSED SESSION As permitted by Government Code Section 54956 et seq., the Board may adjourn to a closed or executive session to consider specific matters dealing with pending or threatened litigation, certain personnel matters, or certain property acquisition matters.
    1. Conference with Legal Counsel, Existing Litigation (Gov. Code § 54956.9 (a))
      1. 1. Morgan Gilman v. California-American Water Company, et al. - Monterey County Superior Court Case No. M 40126


  3.  Board of Directors
                • David Potter, Chair - Representing Monterey County Board of Supervisors
                • Alvin Edwards, Vice Chair - Division 1
                • Ron Chesshire - Division 2
                • Molly Erickson - Division 3
                • Kris Lindstrom – Division 4
                • Alexander “Zan” Henson - Division 5
                • David Pendergrass - Mayoral Representative

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