Board of Directors
Monterey Peninsula Water Management District
March 17, 2003
Closed Session – 5:00 PM
Seaside City Hall Conference Room
440 Harcourt Avenue, Seaside CA
Regular Meeting -- 7:00 PM
Seaside City Council Chambers
5:00 PM – Closed Session – Seaside City Hall Conference Room
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.
A. General Manager
2. Public Employee Appointment (Gov. Code Section 54957)
A. Interim General Manager
3. 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)
4. 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
5. Adjourn to 7:00 PM Regular Board Meeting
7 PM – Regular Meeting – Seaside City Council Chambers
6. Report on 5:00 PM Closed Session of March 17, 2003
7. Board Comments and Referrals
8. 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 included as part of a proposed 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. The public hearing on this item was closed at the February 27, 2003 Board meeting.
Action: The Board will consider a proposed scope of work for an Environmental Impact Report on the water credit transfer program, including alternatives, and will determine whether to authorize the General Manager to retain a consultant to prepare the EIR. Public comment will be received on this item.
Action: The Board will consider approval of a proposed production strategy for the California-American Water Distribution System for the three-month period of April through June 2003. The strategy sets monthly goals for surface and ground water production from various sources within the California-American water system. Public comment will be received on this item.
Action: The Board will be asked to consider the execution of a representation agreement with one of Jones & Stokes sub-consultants. Public comment will be received on this item.
Action: The Board will consider retaining a consultant to assist staff with implementation of regulations governing water distribution systems as most recently amended by Ordinance No. 105, effective January 15, 2003. Public comment will be received on this item.
12.A Appointment of Interim General Manager
Action: The Board will take up the resignation of the General Manager and the appointment of an Interim General Manager. Public comment will be received on this item.
INFORMATIONAL ITEMS/STAFF REPORTS
13. Letters Received