This meeting has been noticed according to the Brown Act rules.  The meetings begin at 7:00 PM in the Seaside City Council Chambers.


Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


Thursday, January 30, 2003

7:00 PM

MPWMD Conference Room

5 Harris Court, Building G, Monterey CA 93940







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 December 16, 2002

2.                   Consider Authorization to Purchase Replacement Vehicles

3.                   Receive Status Report on Consultant Support Services for Water Distribution System Permit Processing Associated with Ordinance No. 105

4.                   Receive 2001-2002 Annual Mitigation Program Report

5.                   Ratify Committee Assignments for Calendar Year 2003

6.                   Consider Ratification of Standard Format for Temporary Water Permit Deed Restriction

7.                   Receive Independent Auditor’s Report for Fiscal Year 2001-2002

8.                   Annual Update on Investment Policy

9.                   Consider Adoption of Treasurer’s Report for November 2002




10.                Discuss 2002 Grand Jury Report

11.                Discuss Presentation Prepared for February 7, 2003 Meeting with Fort Ord Reuse Authority Board of Directors

12.                Review Status of Temporary Urgency Permit for the Seaside Basin Test Injection Well Project



13.                Report on Closed Session of December 16, 2002, 6 PM Session

14.                Report on 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



15.                Board Comments and Referrals



16.                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

Action:    The Board will consider a request to transfer Water Use Credits according to Rule 28-B from the former Spinning Wheel restaurant in Carmel to the City of Carmel-by-the-Sea.  Ordinance No. 102 allowed pending transfer applications that were completed before December 31, 2002 to proceed under the former Rule 28.  In December 2001, the Board directed that any completed transfer application must be finally decided by the Board.  Public comment will be received on this item.


17.                Consider First Reading of Ordinance No. 106 – Revising the Permit Processing Fees for Water Distribution System Applications

Action:   The Board of Directors will consider the first reading version of Ordinance No. 106 which would revise the fees charged for processing water distribution system and other permits issued by the District.   Public comment will be received on this item.


18.                Consider Adoption of Mid-Year Fiscal Year 2002-2003 Budget Adjustment

Action:    At mid-year, District staff routinely reviews the budget and proposes revisions that will ensure continuance of the District’s programs and facilitate changes in the District’s priorities.  A draft, amended budget is presented for Board consideration.  Public comment will be received on this item.



19.          Receive Update on the Draft Carmel River Flow Threshold Report and Potential Next Steps Regarding the Water Supply Strategic Initiative

Action:    The Board will hear a presentation and receive the draft Carmel River Flow Threshold Report.  The report recommends minimum streamflows that are needed to sustain existing populations of steelhead, California red-legged frogs and riparian habitat.  The thresholds will be used in the water supply project EIR to help assess environmental effects of various water supply alternatives.  Public comment will be taken on this item.


20.          Receive Report on Status of Contract for Construction of Sleepy Hollow Steelhead Rearing Facility Intake Retrofit Project

Action:   The Board of Directors will receive a status report on the contract for retrofitting the intake system at Sleepy Hollow Steelhead Rearing Facility (Facility) and will review potential next steps regarding future operations of the Facility.  Public comment will be received on this item.


21.          Consider Establishing Interest Group for Seaside Ground Water Basin Management Ordinances and Concur with Representation Agreement of Sub-Consultant

Action:   In addition to quarterly public information workshops on the ordinance process, it is proposed that a focused group be established to keep interested parties apprised of ordinance development and the environmental review process.  Additionally, the Board will be asked to consider the execution of a representation agreement with one of Jones and Stokes’ sub-consultants (Ellison, Scheider and Harris).  Public comment will be received on this item.


22.          Consider Processing a Request by Pebble Beach Community Services District (PBCSD) to Designate PBCSD Property as a Benefited Property to the CAWD/PBCSD Wastewater Reclamation Project

Action:    The Pebble Beach Company has agreed to sell a 2.5 acre parcel along with 1.0 acre-foot of water from the Pebble Beach Company water entitlement.  The property being purchased is adjacent to PBCSD facilities at Forest Lake and Lopez Roads in Pebble Beach.  The PBCSD plans to merge the two parcels and is asking that the area currently owned by PBCSD that does not have water from the Pebble Beach Company entitlement be allowed to use the water from the other property.  Public comment will be received on this item.



23.          Letters Received

24.          Committee Reports

25.          Strategic Planning Initiatives Progress Report

26.          Quarterly Water Supply Project Status Report

27.          Quarterly Public Information Program Report

28.          Carmel River Fishery Report

29.          Quarterly Irrigation Program and Riparian Projects Report

30.          Quarterly Carmel River Erosion Protection and Restoration Report

31.          Water Conservation Program Report

32.          Water Use Credit Transfer Status Report

33.          Monthly Allocation Report

34.          Monthly Cal-Am Sales Report

35.          Monthly Cal-Am Production Report

36.          Production Report – CAWD/PBCSD Wastewater Reclamation Project

37.          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.

38.          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)


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

A.                  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

Alexander Henson, Chair – Division 5

Judi Lehman, Vice Chair - Division 2

Alvin Edwards B Division 1

Molly Erickson - Division 3

Kris Lindstrom – Division 4

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 Friday, January 24, 2003 through Thursday, January 30, 2003 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 February 27, 2003.



Revised 1/24/03, 10:30 AM