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


June 21, 2004

5:30 PM – Closed Session

MPWMD District conference Room, 5 Harris Court, Building G, Monterey

7:00 PM – Regular Meeting

Monterey City Council Chambers, Pacific & Madison, Monterey CA

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

District web site at

by 5 PM on Friday, June 18, 2004.

The 7 PM Meeting will be Televised on June 21 and Replayed on June 28 on Channel 25






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.



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))




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




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






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, June 17, 2004, through Monday, June 21, 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 Monday, July 19, 2004.







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 Meeting





















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.






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 Minutes of the Regular Board Meeting of May 17, 2004 and Special Board Meetings of May 3 and May 27, 2004



Receive Annual Monterra Ranch Hydrologic Monitoring Report for Water Year 2003



Consider Authorization of Contract for Legal Services



Consider Authorization to Extend Vehicle Maintenance Agreement with the City of Monterey for Fiscal Year 2004-2005



Consider Appointment of District General Manager and Secretary to the Board, and Approval of the Agreement for Employment of General Manager



Consider Appointment of Acting General Manager and Acting Secretary beginning July 1, 2004



Consider Adoption of a Memorandum of Understanding Between the Monterey Peninsula Water Management District and the General Staff Bargaining Unit



Consider Adoption of a Memorandum of Understanding Between the Monterey Peninsula Water Management District and the Management Staff Bargaining Unit



Consider Authorization of Mitigation Funds to Contract for Two Fish Rescue Worker Positions



Consider Authorization of Mitigation Funds to Contract for Two Field Biology Assistant Positions



Consider Authorization of Mitigation Funds to Contract for One Water Resources Assistant Position



Consider Authorization of Funds for ALERT Gage Maintenance Agreement with Monterey County Water Resources Agency for Fiscal Year 2003-2004



Consider Adoption of Article XIII(B) 2004-2005 Fiscal Year Appropriations Limit



Adopt Treasurer’s Report for the Month of April 2004













Report on 5:30 PM Closed Sessions of May 27 and June 21, 2004







Board Comments and Referrals









Adopt Fiscal Year 2004-2005 MPWMD Budget

Action:  The Board will consider adoption of the budget that includes estimates of projected expenditures and revenue forecasts for the upcoming fiscal year.  Public comment will be received on this item.






Consider Adoption of July through September 2004 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 July through September 2004.  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.






Consider Second Reading of Ordinance No. 116 – Amending Rule 120 to Modify Terms of Office for the Carmel River Advisory Committee

Action:  The Board will consider second reading and adoption of an ordinance that would change District rules regarding appointments to the Carmel River Advisory Committee.  Public comment will be received on this item.






Consider First Reading of Ordinance No. 117 – Amending Rule 28-B Clarifying the Ministerial Review of Water Use Credit Transfer Applications, Setting Standard Conditions of Approval, and Setting Fees for Transfers and Review of New Technology

Action:  The Board will consider the first reading of Ordinance No. 117 to amend the water credit transfer process from discretionary approval to ministerial approval.  Public comment will be heard on this item.






Consider Applicant’s Request to Reconsider Conditions of Approval for CaZada Woods Water Distribution System (Potable) – Application #20021031CAN

 Action:  The applicant has requested reconsideration of Conditions of Approval for a permit to amend the CaZada Woods Water Distribution System (Potable) that was authorized by the MPWMD Board at its July 21, 2003 meeting.  This is a continued hearing of the July 21, 2003 approval.  Public comment will be received on this item. 








 Provide Direction on Water Supply Project EIR

A.         Completion of Draft EIR

B.        Cost Overrun for Engineering Component

C.        Report on Moss Landing Desalination Opportunities

Action:  The Board will provide formal direction to staff regarding three items relating to the Environmental Impact Report (EIR) on a local desalination project.  The Board will direct staff on: (a) whether a Draft EIR should be circulated or not; (b) how to best address a cost overrun for certain engineering tasks; and (c) continued assessment of opportunities for desalination in the Moss Landing area.  Public comment will be received on this item.






Consider Adoption of Resolution Opposing Petition for Detachment of the Tehama and Monterra Subdivisions from MPWMD

Action:  This item is continued from the May 27, 2004 Board meeting.  The Board will consider adoption of a resolution opposing the petition for detachment of the Tehama and Monterra subdivisions from the MPWMD, which has been submitted to the Local Agency Formation Commission (LAFCO) of Monterey County by the owners of the subdivisions.  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 was received on this item at the May 27, 2004 meeting and the public comment period was closed.  Public comment on this item will be received only during Oral Communications.






Provide Direction on Modifications to Rule 25.5, Water Use Credits, Pertaining to Redevelopment Projects

Action:  The Board will consider the recommendation of the Water Demand Committee regarding modification to Rule 25.5 as it pertains to length of ownership of adjacent properties before Water Use Credits from one property can be used to build a new home on an adjacent property that is under identical ownership and use.  This item was referred to the Water Demand Committee at the May 17, 2004 Board meeting.  Public comment will be heard.






Consider Resolution Opposing Senate Bill 1529 to Change Law Governing Water Management District

Action:  The Board will consider adoption of a resolution opposing Senate bill 1529, and authorize the Chair or his designee to carry out the mandate of the resolution.  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



Carmel River Fishery Report



Water Conservation Program Report



Monthly Allocation Report



Monthly California-American Water Company Production Report



Production Report – CAWD/PBCSD Wastewater Reclamation Project



Monthly Water Supply Status Report



Report on Third Quarter Financial Activity for Fiscal Year 2003-2004













Upcoming Board Meetings





June 16, 2004

Special Board Meeting

5:30 PM

District Conference Room


July 19, 2004

Regular Board Meeting

7 PM

Monterey City Council Chambers


August 16, 2004

Regular Board Meeting

7 PM

Monterey City Council Chambers


August 26, 2004

Special Board Meeting

7 PM

District Conference Room







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 June 16, 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.