Regular Board Meeting

Board of Directors

Monterey Peninsula Water Management District

April 21, 2003



The meeting was called to order at 7:00 PM in the Seaside City Council Chambers.


Board members present:

Judi Lehman, Vice Chair – Division 2

Alvin Edwards – Division 1

Molly Erickson – Division 3

Kris Lindstrom – Division 4

David Pendergrass – Mayoral Representative


Board members absent:

Alexander Henson, Chair – Division 1

Dave Potter – Monterey County Board of Supervisors


Acting General Manager present:  Fran Farina


District Counsel present:  David C. Laredo


The assembly recited the Pledge of Allegiance.


The following comments were presented during Oral Communications.  (1) Charles Eldred, a business owner in the City of Monterey, stated that one year ago, he approached District staff about the requirements to install a portable therapy spa in his business.   He was advised that no permit would be required since the spa was not permanently installed.    Later, when he applied for a permit he was given different information.  He asked the Board to look into his situation.  (2) Tex Irwin spoke in support of  Consent Calendar item 10 because it could provide accurate information as to whether or not water credit transfers save water.  He questioned whether the report should study land use issues, such as an economic analysis of growth potential proposed in the request for proposals.  (3) Mark Poehner, a resident of Monterey, suggested that the District prepare an environmental impact report on the effects of replacing all irrigation systems in the District with drip systems.  He explained that conservation measures such as the installation of drip irrigation systems would be a good alternative to construction of a desalination facility.  He proposed that retrofitting irrigation systems would save a significant amount of water.   (4) William Woodworth expressed opposition to Senate Bill 149, because it had been reported that the legislation would propose dissolution of the District.  


A motion was offered by Director Erickson and seconded by Director Lindstrom to approve the Consent Calendar, except for items 2, 5, 6 and 10 that were pulled for separate consideration.   The motion was approved unanimously on a vote of 5 – 0.  Directors Edwards, Erickson, Lehman, Lindstrom and Pendergrass voted in favor of the motion.  Directors Henson and Potter were absent.













Director Erickson offered a motion that was seconded by Director Lindstrom to implement the proposed RFP language.   The motion was approved on a vote of 5 – 0.  Directors Edwards, Erickson, Lehman, Lindstrom and Pendergrass voted in favor of the motion.  Directors Henson and Potter were absent











At the request of Director Edwards, this item was deferred to the next meeting.





At the request of Director Edwards, this item was deferred to the next meeting.















No action taken.











Vice-Chair Lehman announced that the item would be deferred to the next meeting.





Acting General Manager Farina reported on several items.  (1) Sleepy Hollow Steelhead Rearing Facility  -- She expressed thanks to the staff of Monterey County Supervisor David Potter, and Scott Hennessy and Alana Knaster of the Monterey County Planning Department for expediting the District’s application for a permit to allow installation of an electrical panel at the facility.  (2) Status of Senate Bill 149  Staff for the Senate Committee on Local Government have reported that there was no change to text of the legislation.  Ms. Farina was working to set a meeting with Senator Bruce McPherson regarding the legislation.  (3) Spring Newsletter – It is expected that a newsletter will be completed by the end of May 2003.  The newsletter will feature articles on water supply project planning and the Seaside Basin Groundwater Management Plan.  (4) Water Supply Project Planning – On April 15, 2003, Director Molly Erickson, District Counsel Laredo, Henrietta Stern and Ms. Farina met with California Public Utilities Commission (PUC) staff to discuss the water supply project EIR, and lead agency status for California-American Water Company’s (Cal-Am’s) proposed Coastal Water Project.  (5) Information Technology Improvements – District staff is moving forward on an internal staff effort to incorporate GIS for District activities.  In addition, the District’s web site will be updated.   (6) Improvement to Public Notice Area – The area where public notices are posted will be modified to allow greater access to the public.


District Counsel Laredo reported that the Board reviewed the four matters listed on the agenda:  one matter of anticipated litigation; Cal-Am’s application to the CPUC for a Certificate of Public Convenience and Necessity to Construct and Operate the Carmel River Dam and Reservoir; Currier and Kaminske v MPWMD; and Seaside et. al v MPWMD.   District Counsel provided an update to the Board but no reportable action was taken.


Director Lindstrom asked if GIS technology would be utilized for the preparation of maps described in Consent Calendar item 5.  Andy Bell, District Engineer, replied that this project entails tracing from existing maps at USGS quad scale.    Actual, digital USGS maps of the watershed could not be utilized because they contain too much detailed information that is not pertinent to the purposes of Ordinance No. 105.



Director Erickson offered a motion to continue the public hearing to the June 16, 2003 Board meeting.   Director Edwards seconded the motion.  The motion was approved on a vote of 5 – 0.  Directors Edwards, Erickson, Lehman, Lindstrom and Pendergrass voted in favor of the motion.   Directors Henson and Potter were absent.


During the public hearing on this item, Ms. Beauclair stated that it would be in her best interest to continue the public hearing to a future meeting when all directors would be present to vote on the issue.  She asked for clarification as to whether a Director must be present to cast a vote.   In addition, Ms. Beauclair read a statement dated April 21, 2003 that is on file at the District office.  Her statement provided a record of actions she and Mr. Zanetta had taken to obtain building and water permits for the installation of six showerheads.   In addition, Ms. Beauclair outlined reasons why Resolution 2001-09 was not applicable to her situation.   She requested that the Board grant a variance from Resolution 2001-09, or an extension of the “grace period” to use the 12 fixture units that could be obtained by removal of the six showerheads.


At the request of the applicant, Director Erickson offered a motion to defer this item to the June 16, 2003 Board meeting.  The motion was approved on a vote of 5 – 0.  Directors Edwards, Erickson, Lehman, Lindstrom and Pendergrass voted in favor of the motion.  Directors Henson and Potter were absent.


No public comment was directed to the Board on this item.




Director Edwards offered a motion to approve distribution of the Request for Proposals.  Director Erickson seconded the motion.  The motion was approved on a vote of 5 – 0.  Directors Edwards, Erickson, Lehman, Lindstrom and Pendergrass voted in favor of the motion.  Directors Henson and Potter were absent.


No public comment was directed to the Board on this item.



Joe Oliver, Water Resources Manager, and the District’s consultant from Padre and Associates, Steve Tanner,  presented information to the Board.   A summary of their comments is on file at the District office.



In response to questions from the Board, Mr. Oliver and Mr. Tanner made the following statements.  Approximately 70 acre-feet of water to date have been injected into the Seaside basin.  If injection had begun earlier it is estimated that approximately 250 acre-feet could have been injected.   The total amount of water that has been injected into the system is 850 acre-feet.   The District is working to obtain permits that will allow recovery of some of that water, later this year.  There has been no problem with iron bacteria in the well during this injection season.  A solution to address noise complaints has been developed and will be implemented by Cal-Am.  


The following comments were directed to the Board on this item.  (1) Marc Beique, resident of Monterey, stated that he would have preferred to hear more about the recovery aspect of the project.  He inquired about several issues including:  the cone of depression around the well; how the injection process has affected monitoring wells; where injected water is being stored; and if the injected water is marked for identification.  Mr. Oliver explained that data collected  from monitoring wells indicates that the injected water is settling in the area where it is most needed, in the trough created by pumping from Cal-Am’s main production wells in the Seaside basin.  (2) Robert Greenwood, representing the Carmel Valley Association, asked if all the injection water was transmitted through the CaZada de la Segunda pipeline.   Mr. Oliver stated that most of the water coming from the Carmel Valley area is transported via Cal-Am’s CaZada de la Segunda pipeline.   However, it is difficult to tell how much of the injection water is coming from that source or another pipeline from the coastal area. 


There was no discussion of these items.




































The meeting was adjourned to Closed Session at 8:50 PM.






















































1.       Consider Approval of Minutes from the Regular Board Meeting of March 17, 2003, the Strategic Planning Session/Special Board Meeting of March 27, 2003, 5:30 and 7 PM Sessions, and the April 2, 2003 Special Board Meeting


2.       Consider Adoption of Standard Language for Requests for Proposals Prepared by the District



3.       Consider Purchase of Two Photocopiers


4.       Consider Authorization of Funds to Contract with Ventana Wilderness Society for Carmel River Avian Habitat Monitoring


5.       Consider Authorization of Funds to prepare Maps for Implementation of Revised Water Distribution System Regulations


6.       Consider Approval of Carryover of Phase 1 Funds to Phase 2 Scope of Work for Water Supply Project EiR


7.       Status Report on Monterra Ranch Water Distribution System Annual Monitoring Reports for Water years 2001 and 2002






8.       Consider Approval of Amendment to Table I Residential Fixture Unit Count (Note:  Item 8 will not be discussed on April 21, 2003)


9.       Consider Adoption of Treasurer’s Report for February 2003


10.    Consider Ratification of Contract with Turnstone Consulting for Preparation of EIR on Water Credit Transfer Program



























11.    Report on Closed Session of March 27, 2003







12.    Board Comments and Referrals








13.    Consider Variance Request from District Rule 24-C, Table 1:  Residential Fixture Unit Count – 69 Via Cimarron, Monterey, CA  93940 – APN 001-463-005 – Applicants Bruce Zanetta & Theresa Beauclair













14.    Consider Request by John Mandurrago to Transfer Water Credit from the Former Spinning Wheel Restaurant, Monte Verde and Ocean, Carmel, APN 010-201-014, to the City of Carmel



  1. Consider Approval of Request for Proposals to Conduct Recruitment for Position of General Manager





  1. Report on 2002 Seaside Aquifer Storage and Recovery Project Test Results



































  1. Letters Received
  2. Committee Reports
  3. Strategic Planning Initiatives Progress Report
  4. Quarterly Water Supply Project Progress Report
  5. Quarterly Public Information Program Report
  6. Carmel River Fishery Report
  7. Quarterly Irrigation Program and Riparian Projects Report
  8. Quarterly Carmel River Erosion Protection and Restoration Report
  9. Water Conservation Program Report
  10. Water Use Credit Transfer Status Report


  1. Monthly Allocation Report
  2. Monthly Cal-Am Sales Report
  3. Monthly Cal-Am Production Report
  4. Production Report – CAWD/PBCSD Wastewater Reclamation Project
  5. Monthly Water Supply Status Report



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

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

A.      California-American Water Company Application No. 97-03-052 to the Public Utilities Commission for a Certificate of Public Convenience and Necessity to Construct and Operate a 24,000 Acre-Foot Carmel River Dam and Reservoir and to Recover All Costs in Connection Therewith in Rates

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

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





                                                                                                                                Fran Farina, Secretary to the Board


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