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.







Closed Session and Special Meeting

Board of Directors

Monterey Peninsula Water Management District


May 27, 2004

5:30 PM – Closed Session

7:00 PM – Special Board Meeting

District Conference Room, 5 Harris Court, Bldg G, Monterey, CA


Staff notes for the 7:00 PM agenda items will be available on the District

Web site at

by 5 PM on Friday, May 22, 2004.


5:30 PM Closed Session – District Conference Room



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.






Public Employment (Gov. Code Section 54957)





General Manager






Conference with Labor Negotiators (Gov. Code Section 56957.6)





Agency Designated Representatives:  Ellen Aldridge, Rick Dickhaut, Cynthia Schmidlin Employee Organization:  Laborers’ International Union of North America, AFL-CIO, (LIUNA/UPEC) Local 270








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





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





B.               Petition for Change to SWRCB Permit 11674B





C.               Petition for Change to SWRCB Permit 20808





D.               California-American Water Company v. City of Seaside et al., Monterey County Superior Court, Case No. M66343






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






Adjourn to 7:00 PM Session





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 Friday, May 21, 2004 through Thursday, May 27, 2004 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 June 21, 2004.





7:00 PM Special Meeting – District Conference Room











Note:  Protocols pertaining to Oral Communications have been modified at the Direction of the Chair.



ORAL COMMUNICATIONS:  Anyone wishing to address the Board on Consent Calendar, Information Items, or matters not listed on the agenda may do so only during Oral Communications.  Please limit your comment to three (3) minutes.  The public may comment on Action and Public Hearing items at the time they are considered by the Board.  The sole time to address Consent matters is during Oral Communications.




Note:  Protocols pertaining to the Consent Calendar have been modified at the Direction of the Chair.



CONSENT CALENDAR:  The Consent Calendar consists of routine items for which staff has prepared a recommendation.  Approval of the Consent Calendar ratifies the staff recommendation.  Consent Calendar items may be pulled for discussion only upon the request of a Board member, not by the public.  Discussion on pulled Consent Calendar items shall be limited to Board members.  The public may address any Consent Calendar item only during Oral Communications.  Please limit your comment to three (3) minutes.



Consider Adoption of Findings of Approval for Appeal Regarding Rule 24 (Ordinance No. 98), Assessment of Fees for Second Bath -- 116 13th Street, Pacific Grove, APN 006-183-007 -- Jeffrey Becom and Sally Aberg



Consider Adoption of Resolution Authorizing MPWMD Participation in the Special Districts Association of Monterey County







Consider Adoption of Second Reading of Ordinance No. 109

Action: The Board will consider the second reading of Ordinance No. 109, which would enable upgrades to the CAWD/PBCSD Recycled Water Project (formerly titled the CAWD/PBCSD Wastewater Reclamation Project).  The Board originally adopted Ordinance No. 109 on November 24, 2003.  At a subsequent meeting on December 15, 2003, the Board voted to reconsider the action to adopt, and to discuss revised versions of the ordinance, CEQA Findings and three supplemental agreements at a later date.  Under the proposed ordinance, 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 23.4.  Public comment will be received on this item.








Consider Adoption of Resolution Opposing Petition for Tehama/Monterra Detachment from MPWMD

Action:  The Board will consider adoption of a Resolution Opposing Petition for Tehama/Monterra Detachment from MPWMD, which has been submitted to the Local Agency Formation Commission (LAFCO) of Monterey County by the subdivisions owners.  LAFCO is expected to set a public hearing on this issue within three months.  The Board may also authorize the Chair, staff and counsel to participate in the LAFCO proceedings to oppose this proposed modification of District boundaries.  Public comment will be received on this item.






Consider Adoption of Resolution Opposing Enactment of Senate Bill (SB) 1529

Action:  The Board will consider Adoption of a Resolution Opposing Enactment of SB 1529 and authorization of the Chair or his designee to oppose SB 1529 amending the District’s enabling legislation and changing its form of governance.  Public comment will be received on this item.






Provide Direction on Draft FY 2004-2005 MPWMD Budget

Action:  The draft budget that has been revised based on comments received at the May 17, 2004 Board meeting.  The Board will review the revised budget and provide direction to staff on revenue mechanisms and preparation of the final budget scheduled for consideration at the June 21, 2004 meeting.  Public comment will be received on this item.







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 by 5 PM on May 24, 2004.  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.