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.







Regular Meeting


Closed Session

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

440 Harcourt Avenue, Seaside CA 93955-0810


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.

1.             Public Employee Performance Evaluation (Gov. Code Section 54957)

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

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


5.                   Adjourn to 7:00 PM Regular Board Meeting


7 PM – Regular Meeting – Seaside City Council Chambers






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 February 27, 2003

2.                   Consider Authorization to Purchase Replacement Vehicle

3.                   Approve Expenditure of Mitigation Funds to Purchase a Standby Replacement Coldwell Pump (P3/4) for the Sleepy Hollow Steelhead Rearing Facility

4.                   Consider Response to 2002 Monterey County Grand Jury Report

5.                   Consider Adoption of Treasurer’s Report for January 2003





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.


9.                   Approve Scope of Work and Authorize Contract with Sole Source Preparer for Completion of an EIR on a Water Credit Transfer Program

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.


10.                Consider Adoption of April through June 2003 Quarterly Water Supply Strategy and Budget

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.




11.                Consider Execution of Representation Agreement with Ellison, Schneider and Harris for Development of Seaside Basin Management Ordinances

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.


12.          Consider Authorization of Contract with Consultant to Assist with Water Distribution System Permit Processing Associated with Ordinance No. 105

                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.




13.          Letters Received

14.          Committee Reports

15.          Strategic Planning Initiatives Progress Report

16.          Monthly Water Supply Project Status Report

17.          Carmel River Fishery Report

18.          Water Conservation Program Report

19.          Water Use Credit Transfer Status Report

20.          Monthly Allocation Report

21.          Monthly Cal-Am Sales Report

22.          Monthly Cal-Am Production Report

23.          Production Report – CAWD/PBCSD Wastewater Reclamation Project

24.          Monthly Water Supply Status Report





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, March 13, 2003 through Monday, March 17, 2003 at the District office and at the Carmel, Carmel Valley, Monterey, Pacific Grove and Seaside libraries. The Board will conduct a Strategic Planning Session/Special Board Meeting on March 27, 2003 at 7 PM at the District office.  The next regular meeting of the Board of Directors is scheduled for April 21, 2003.














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