This meeting has been noticed according to the Brown Act rules. The Board of Directors meets regularly on the third Monday of each month. 







Special Board Meeting

Board of Directors

Monterey Peninsula Water Management District


August 28, 2003

7:00 PM

MPWMD Conference Room

5 Harris Court, Building G, Monterey, CA







ORAL COMMUNICATIONS   Anyone wishing to address the Board on Consent Calendar items or matters not listed on the agenda that are within the subject matter jurisdiction of the District may do so during Oral Communications.  Please limit your comment to three minutes. 


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 July 21, 2003

2.       Receive Response on Monterra Ranch 2001 and 2002 Annual Reports

3.       Ratify Elimination of Water Credit for Half-Gallon Toilets



4.       Consider Application by Chugach & Company to Amend Chugach Well No. 2 Water Distribution System – APN No. 189-111-042

Action:  The Board will consider an application by Chugach & Company to amend an existing single-parcel connection system to allow two planned residential lots to be served by an existing well in Carmel Valley.  The well is not within the Carmel Valley Alluvial Aquifer.  The original January 2002 hearing on this application was continued by the Board, pending receipt of a hydrologic report on the potential impacts of the proposed system on Garzas Creek.  Public comment will be received on this item. 



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


Acting General Manager

Fran Farina

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,  24 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, August 22 through Thursday, August 28, 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 September 15, 2003.


5.       Consider Contract with Consultant to Prepare EIR on Termination of Water Credit Transfer Program

Action:  The Board will consider retaining the firm of Resource Design Technology, Inc. to prepare an Environmental Impact Report on the termination of the Water Credit Transfer Program.  Public comment will be received on this item.


6.       Consider Approval of Contract for Water Demand Policies and Procedures Manual

Action:   The Board will discuss proposals received for preparation of the Water Demand Policies and Procedures Manual and consider awarding a contract for completion of the project.  Public comment will be received on this item.


7.       Consider Approval of Addendum No. 2 to the Memorandum of Agreement Between the Monterey Peninsula Water Management District (MPWMD), Monterey County Water Resources Agency (MCWRA) and the Pajaro Valley Water Management Agency (PVWMA)

Action:   The Board will consider approval of Addendum No. 2 to a 1991 memorandum of agreement between the MPWMD, MCWRA, and the PVWMA.  Addendum No. 2 updates the agreement to reflect the current water supply setting and describes circumstances under which each agency has regulatory authority over water resources in the former Fort Ord area.  Public comment will be received on this item.


8.       Discussion of Director Potter’s Concern Regarding Pulled Consent Calendar Items

Action:   The Directors will discuss an issue raised by Director Potter at the July 21, 2003 meeting, that the Board consider formulation of a policy statement stipulating that items pulled from the Consent agenda be heard immediately following approval of the Consent agenda.   Public comment will be received on this item.


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.


9.       Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation Exists Pursuant to Subdivision (b) (3) (D) of Gov. Code Section 54956.9 (Three Cases)


10.    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

b.       California-American Water Company Application 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