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
5:30 PM – CLOSED SESSION
II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – SIGNIFICANT EXPOSURE TO LITIGATION EXISTS PURSUANT TO SUBDIVISION (b) (3) (D) OF GOV. CODE SECTION 54956.9 (TWO CASES)
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
7:00 PM – REGULAR BOARD MEETING
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.
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.
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.
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.
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.
INFORMATIONAL ITEMS/STAFF REPORTS
16. Letters Received