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.




Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


Thursday, February 19, 2004

5:30 PM Closed Session, Break Room

7:00 PM, Regular Meeting, Conference Room

5 Harris Court, Building G, Ryan Ranch Office Park, Monterey, CA










5:30 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.



Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))




California State Water Resources Control Board Application (SWRCB) T031449; Temporary Permit 21163




Petition for Change to SWRCB Permit 11674B




Petition for Change to SWRCB Permit 20808







Conference with Legal Counsel -- Anticipated Litigation  -- Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9: One Case







Adjourn to 7 PM Session






7 PM – Regular Board Meeting



















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.






Board of Directors

Alvin Edwards, Chair – Division 1

Larry Foy, Vice Chair – Division 5

Judi Lehman – Division 2

Kristi Markey – Division 3

Michelle Knight – Division 4

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors


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 Thursday, February 12, through Thursday, February 19, 2004 at the District office (closed Monday, February 16, 2004) and at the Carmel, Carmel Valley, Monterey, Pacific Gove and Seaside libraries.  Staff notes can also be viewed after 5 PM on Friday, February 13, 2004 at the District’s web site  The next regular meeting of the Board of Directors is scheduled for March ­­15, 2004.


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.



Consider Adoption of Minutes of the January 29, 2004 Board Meeting



Authorize Expenditure of Conservation Contingency Funds to Hire Temporary Office Assistant for Water Demand Division



Ratify Emergency Expenditure of Funds Approved by General Manager for Data Recovery



Consider Adoption of Resolution for Continuation of the District’s Mitigation Program



Receive Semi-Annual Groundwater Quality Monitoring Report



Consider Approval of Timeline for Jurisdictions to Submit Methodology for Estimating Future Water Needs



Adopt Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval before State Government may Take Local Funds



Ratify Appointments to Public Outreach/Communications and Rules and Regulations Review Committees



Consider Adoption of the Treasurer’s Report for the December 2003








Steven Leonard, General Manager of California-American Water Company, will Report on the Rate of Unaccounted for Water Distribution System Losses













Report on 5:30 PM Closed Session








Board Comments and Referrals








Second Reading of Ordinance No. 112 – Rescinding Rules Requiring Disclosure of Ex Parte Communications and Repealing Penalties and Remedies for Non-Disclosure

Action:  The Board will consider the second reading and adoption of Ordinance No. 112 which would rescind rules governing ex parte communications by the Board of Directors contained in Ordinance No. 99 that was adopted in 2001.  Public comment will be received on this item.








Discuss Senate Bill 149 or Related Legislation Affecting MPWMD

Action:  The Board will discuss legislation affecting MPWMD law, including SB149. Public comment will be received on this item.






Consider Adoption of a Resolution Declaring the District’s Intent to Prepare a Groundwater Management Plan for the Seaside Groundwater Basin and Adopting a Statement of Public Participation

Action:  The Board will consider adoption of a resolution declaring its intent to prepare a Groundwater Management Plan for the Seaside Groundwater Basin.  The Plan will be designed to protect, preserve, and enhance the groundwater resources of the Seaside Basin for current and future beneficial uses.  The Plan will include basin management objectives.  The Board will also consider adoption of a statement of public participation in development of the Plan.  Public comment will be received on this item.






Discussion of Near Term Water Supply Concepts, Including Reclamation

Action:  The Board will review near term water augmentation concepts including the status of the pending CAWD/PBCSD Recycled Water Project ordinance, and provide direction on whether water is available for new or expanded connections. This item was continued from the January 29, 2004 Board meeting.  Public comment will be received on this item.






Provide Direction on Development of Water Credit Reassignment Rules

Action:  The Board will direct staff on processing water credit reassignments that were caught in process when the District suspended reassignments to vacant sites or sites without habitable structures in September 2003.  Direction will also be given on developing policy to address reassignment requests.  Public comment will be received on this item.






Discuss Implementation of Ordinance No. 98, Second Bathroom Ordinance, and Provide Direction to Staff on Preparation of an Ordinance

Action:  The Board will consider recommended revisions to clarify the provisions of Ordinance No. 98.  Public comment will be received on this item.





INFORMATIONAL ITEMS/STAFF REPORTS   The public may address the Board on Information Items and Staff Reports during the Oral Communications portion of the meeting.  Please limit your comments to three minutes.



Letters Received



Committee Reports



Strategic Planning Initiatives Progress Report



Monthly Water Supply Project Status Report



Carmel River Fishery Report



Water Conservation Program Report



Water Use Credit Transfer Status Report



Monthly Allocation Report



Monthly Cal-Am Sales Report



Monthly Cal-Am Production Report



Production Report – CAWD/PBCSD Wastewater Reclamation Project



Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project



Monthly Water Supply Status Report
















Upcoming Board Meetings





March 15, 2004

Regular Board Meeting

7 PM

Monterey City Council Chambers


March 31, 2004

Board Budget Workshop


3:30 PM

District Conference Room


March 31, 2004

Board EIR Workshop

7 PM

Monterey City Council Chambers








Upon request, MPWMD will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings.  Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 72 hours before the meeting.  Requests should be sent to the Board Secretary, MPWMD, P.O. Box 85, Monterey, CA, 93942.  You may also fax your request to the Administrative Services Division at 831-644-9560, or call 831-658-5600.



2/9/04 Noon