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.







Closed Session


Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


February 27, 2003

5:30 PM Closed Session – Seaside City Hall – Council Conference Room

7:00 PM Regular Board Meeting – Seaside City Hall -- Council Chambers

440 Harcourt Avenue, Seaside CA 93955-0810



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.

I.              PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Section 54957)

A.            General Manager




III.                 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 vs MPWMD, Case No. M59441, Monterey County Superior Court









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 January 30 and Special Board Meeting of February 11, 2003

2.                   Ratify Committee Assignments for Calendar Year 2003

3.                   Receive Semi-Annual Groundwater Quality Monitoring Report

4.                   Receive District-Wide Annual Water Distribution System Production Summary

5.                   Receive District-Wide Annual Water Production Summary Report for Water Year 2002

6.                   Approve Expenditure of Mitigation Funds to Purchase, Transport and Place Gravel below Los Padres and San Clemente Dams

7.                   Consider Adoption of Treasurer’s Report for June and December 2002





8.                   Report on Closed Sessions of January 30, 2003 and February 27, 2003, 5:30PM



9.                   Board Comments and Referrals



10.                Consider First Reading of Ordinance No. 107 – Rescinding Ordinance No. 102 and Reinstating Rule 28, Water Use Credit Transfers – and Discussion of Process and Substance Relating to Subsequent Ordinances Concerning Water Use Credit Transfers

Action:   The Board will consider the first reading of Ordinance No. 107, rescinding Ordinance No. 102.  The ordinance reinstates District Rule 28 that allows transfer of water credits from one commercial site to another and allows transfers of water use credits from a commercial site directly into a jurisdiction's water allocation.  This ordinance is proposed as part of a settlement agreement with the cities of Monterey, Pacific Grove, Carmel, Sand City, Seaside and Del Rey Oaks who brought a lawsuit against the District in response to adoption of Ordinance No. 102.  The Board may also discuss the process and substance relating to a second ordinance to further modify the water credit transfer rules.  Public comment will be received on this item.


11.                Consider Second Reading and Adoption of Ordinance No. 106 – Revising Fees for Water Distribution System and Other Permit Applications

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



12.          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.  This item is continued from the January 30, 2003 Board meeting.  Public comment will be received on this item.



13.          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.  This item is continued from the January 30, 2003 Board meeting.  Public comment will be received.


14.          Receive Report on Alternatives for Future Operation of Sleepy Hollow Steelhead Rearing Facility and Consider Approval of a Plan and Contract Amendment for Retrofitting the Water Intake System at the Facility

Action:  The Board of Directors will receive a report on the options for continued District rescues and rearing operations for juvenile steelhead on the lower Carmel River with the Sleepy Hollow Steelhead Rearing Facility, and will consider approval of a plan for retrofitting the water intake system at the Facility on an interim basis. In addition, the Board will consider authorizing a contract amendment with John F. Otto, Inc. for construction of the retrofit project.   Public comment will be received on this item.


15.          Review Revised Draft Carmel River Flow Threshold Report

Action:  The Board will hear a presentation and review a revised draft of the consultant report, Carmel River Flow Threshold Study, prepared by Jones & Stokes Associates. The Board will provide direction on the process to finalize the report. The report describes minimum flows in the Carmel River in different types of water years to sustain existing populations of steelhead, red-legged frogs and riparian (streamside) vegetation.  Public comment will be received on this item.



16.          Letters Received

17.                Committee Reports

18.                Strategic Planning Initiatives Progress Report

19.                Monthly Water Supply Project Status Report

20.                Carmel River Fishery Report

21.                Water Conservation Program Report

22.                Water Use Credit Transfer Status Report

23.                Monthly Allocation Report

24.                Monthly Cal-Am Sales Report

25.                Monthly Cal-Am Production Report

26.                Production Report – CAWD/PBCSD Wastewater Reclamation Project

27.                Semi-Annual Financial Report on CAWD/PBCSD Wastewater Reclamation Project

28.                Report on Second Quarter Financial Activity for Fiscal Year 2002-2003

29.                Monthly Water Supply Status Report





Board of Directors

Zan 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 Thursday, February 20, 2003 through Thursday, February 27, 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 March 17, 2003.   The Board will conduct a Strategic Planning Session on March 27, 2003.