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 Seaside City Council Chambers.



Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


November 18, 2002

7:00 PM

Seaside City Council Chambers

440 Harcourt Avenue, Seaside CA 93955-0810







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.


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 Regular Board Meeting of October 21, 2002

2.                   Consider Approval of Funds for Production of 2002 MPWMD Annual Report

3.                   Consider Approval of First Quarter Investment Report

4.                   Consider Approval of  Standard Format for Temporary Water Permit Deed Restriction

5.                   Consider Adoption of Treasurer’s Report for September 2002



6.                   Update on Large Wood Habitat Installation at deDampierre Restoration Site on Carmel River



7.                   Report on Closed Session of September 21, 2002

8.                   Report on Brown Act Issues Relating to Ballot Statement

9.                   Report on Brown Act issues Relating to E-Mail





10.                Report from Chair Lindstrom on Closed Session of November 14, 2002

11.                Board Comments and Referrals



12.          Consider Adoption of First Reading of Ordinance No. 105 – Revising the Definition and Regulation of Water Distribution Systems

                Action:   The Board will consider the revised first reading version of Ordinance No. 105 that would refine Ordinance No. 96, approved in March 2001, which made substantive changes to regulations governing water distribution systems.   The Ordinance No. 105 would also expand the regulation of single-parcel connection water distribution systems to include the Carmel River Basin within the District boundary.   Public comment will be received on this item.



13.          Consider Delegation of Authority to the General Manager and Process to Approve Expenditures for Emergencies

Action:  The Board will consider a proposal to increase the General Manager’s authority to approve purchases in emergency situations, such as equipment failure.  Public comment will be received on this item.


14.                Receive Report re Eminent Domain Proposal re California-American Water Company

Action:   Director Henson requested that the Board consider authorizing a study on the purchase of California-American Water Company water distribution system facilities within the MPWMD boundaries.   District staff will provide a draft scope of work and estimate of the cost to complete such a study.  Public comment will be received on this item.



15.                Letters Received

16.                Committee Reports

17.                Strategic Planning Initiatives Progress Report

18.                Water Supply Project Progress Report

19.                Carmel River Fishery Report

20.                Water Conservation Program Report

21.                Water Use Credit Transfer Status Report

22.                Monthly Allocation Report

23.                Monthly Cal-Am Sales Report

24.                Monthly Cal-Am Production Report

25.                Production Report – CAWD/PBCSD Wastewater Reclamation Project

26.                Monthly Water Supply Status Report


ADJOURN TO CLOSED SESSION  As permitted by Government Code Section 54956 et seq., the Board may adjourn to closed or executive session to consider specific matters dealing with pending or threatened litigation, certain personnel matters, or certain property acquisition matters.

27.                Conference With Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation Exists Pursuant to Subdivision (b) (3) (D) of Gov. Code Section 54956.9 (One Case)


28.                Conference with Labor Negotiations (Gov. Code Section 54957)

A.                  Agency Designated Representatives:  Ernesto A. Avila, Rick Dickhaut, Cynthia Schmidlin Employee Organization:  Laborer’s International Union of North American, AFL-CIO, (LIUNA/UPEC) Local 270

B             Agency Designated Representative:  Ernesto A. Avila

                Unrepresented Employees:  Confidential Staff Unit


29.                Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9)

A.                  California-American Water Company Application 02-04-022 to the Public Utilities Commission for Authority to Increase Rates for Service for 2003, 2004 and 2005

B.            Monterey Peninsula Water Management District Petition Requesting Changes to SWRCB Water Rights Permit Nos. 7130B and 20808 - Monterey Peninsula Water Management District

C.                   Mary Currier, Chris Currier and Roy and Jeanell Kaminske v MPWMD, Case No. M59299, Monterey County Superior Court

D.                  Cities of Seaside, Carmel, Del Rey Oaks, Monterey, Pacific Grove and Sand City v MPWMD, Case No. M59441, Monterey County Superior Court




Board of Directors

Kris Lindstrom, Chair – Division 4

Zan Henson, Vice Chair - Division 5

Alvin Edwards B Division 1

Judi Lehman - Division 2

Molly Erickson - Division 3

David Pendergrass - Mayoral Representative

David Potter B Monterey County Board of Supervisors


General Manager

Ernesto A. Avila


This agenda is subject to revision and may be amended prior to the scheduled meeting.  A final agenda will be posted at the District office at 5 Harris Court, Monterey,  72 hours prior to the meeting, and copies will be available at the Board meeting.  Staff notes regarding these agenda items will be available for public review on Thursday, November 14, 2002 through Monday, November 18, 2002 at the District office and at the Carmel, Carmel Valley, Monterey, Pacific Grove and Seaside libraries.  The next regular meeting of the Board of Directors is scheduled for December 16, 2002.


Revised 11/7/2002 7:01 PM