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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

Board of Directors

Monterey Peninsula Water Management District


September 15, 2003

7:00 PM

Seaside City Council Chambers

440 Harcourt Avenue, Seaside CA 93955-0810



5:00 PM 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 Employment (Gov. Code Section 54957)

A.     Interim General Manager

B.     General Manager

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


7:00 PM Regular Meeting – Seaside 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 August 18, 2003 and Special Board Meeting of August 28, 2003

2.        Consider Contract with Don Alley and Associates to Assist with Fishery Evaluation for Water Supply Project EIR

3.        Consider Approval of Recommendation for Election of Officers to the Association of California Water Agencies Governing Board

4.        Consider Adoption of Treasurer’s Report for June 2003





5.        Report on Closed Session of August 28, 2003





6.    Consider First Reading of Ordinance No. 109 – Revising Rule 23.5 and Adopting Additional Provisions to Facilitate the Financing and Expansion of the Carmel Area Wastewater District (CAWD)/Pebble Beach Community Services District (PBCSD) Recycled Water Reclamation Project

Action: The Board will consider the first reading of Ordinance No. 109, which would enable upgrades to the CAWD/PBCSD Recycled Water Project (formerly titled the CAWD/PBCSD Wastewater Reclamation Project).  Water entitlements held by the Pebble Beach Company in accordance with MPWMD Ordinance No. 39 and current project agreements would be made available to properties throughout Del Monte Forest, rather than only to properties owned by the Pebble Beach Company.  Ordinance No. 109 would amend MPWMD Rule 23.5.  Public comment will be received on this item.


7.     Consider First Reading of Ordinance No. 110 – Expanding the Toilet Retrofit Rebate Program to Include Rebates for Ultra-Low Consumption Dishwashers, Ultra-Low Consumption Washing Machines, Dual-Flush Ultra-Low Flush Toilets, Hot Water Demand Pumping Systems and Rainwater Cisterns

Action:  The Board will consider the first reading of an ordinance to expand the District's existing toilet replacement refund program.  The proposed program will provide rebates for initial installations of ultra-low consumption dishwashers, ultra-low consumption washing machines, cisterns, hot water demand pumping systems and dual-flush toilets.  The proposed ordinance also expands the eligibility area to include all areas within the Monterey Peninsula Water Resources System (MPWRS) and all areas served by California-American Water Company (Cal-Am) within the District, including Bishop and Hidden Hills.  Cal-Am currently co-sponsors the District's program.  Public comment will be received on this item.


8.        Consider Adoption of October through December 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 October through December 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.




9.        Consider Approval of Schedule, Brochure and Advertisement for Recruitment of General Manager

Action: The Board will consider approval of a schedule of activities, a brochure, and other advertisement material relating to recruitment of the General Manager with assistance from the District’s consultant.  Public comment will be received on this item.

10.     Review Status of Board Committees and Provide Direction on Noticing Non-Brown Act Subcommittee Meetings

Action:  The Board will consider whether or not committee meetings not subject to the Ralph M. Brown Act (Gov. Code, §§ 54950-54962) open meeting law requirements should be publicly noticed, and if so, what procedures should be followed to notice those meetings.  Public comment will be received on this item.


11.     Determine Whether or Not to Convene a Hearing on the Possible Revocation of the Surf ‘n Suds Water Credit Transfer, 1101 Del Monte Avenue, Monterey, APN 001-810-022

Action:  The Board will consider whether or not to convene a special hearing for the purpose of revoking a water credit transfer involving Fred Flately (Surf ‘n Suds), Skyline Crest and the City of Monterey for violation of District Rule 28.  Public comment will be received on this item. 


12.     Discuss Private Desalination Plants

Action:  The Board shall consider a referral from its Water Demand Committee addressing issues presented by private desalination plants.  The Board may provide direction to staff on permit requirements for desalination plants, and may consider providing direction on the development of an ordinance to further regulate desalination plants.  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.     Quarterly Public Information Program Report

18.     Carmel River Fishery Report

19.     Water Conservation Program Report

20.     Water Use Credit Transfer Status Report

21.     Monthly Allocation Report

22.     Monthly Cal-Am Sales Report

23.     Monthly Cal-Am Production Report

24.     Production Report – CAWD/PBCSD Wastewater Reclamation Project

25.     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


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,  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 Friday, September 12, 2003 through Monday, September 15, 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 October 20, 2003.  A Special Board meeting is set for October 30, 2003.


Regular Meeting – October 20, 2003 – 7 PM – Seaside City Council Chambers

EIR Public Update – October 30, 2003 – 5:15 PM – MPWMD Conference Room

Special Board Meeting – October 30, 2003 – 7 PM – MPWMD Conference Room


Revised 9/12/03