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.


The Supplement to the July 19, 2004 Board Packet is now available online.





Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


July 19, 2004

5:30 PM – Closed Session, District Conference Room, 5 Harris Ct., Monterey, CA

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, July 16, 2004.

The 7 PM Meeting will be Televised on July 19 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.



Conference with Labor Negotiators (Gov. Code 54957.6)

Agency Designated Representatives:  Alvin Edwards, Michelle Knight and Judi Lehman

Unrepresented Employees:  Confidential Staff Unit






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







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







Adjourn to 7 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

David A. Berger


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, July 15, 2004, through Monday, July 19, 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  August 16, 2004.


7 PM – Regular Board 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 June 21, 2004



Adopt Resolution of Appreciation for Fran Farina



Amend Contract for Water Demand Database Project



Consider Adoption of Findings of Approval for Appeal of General Manager’s Decision to Deny a Water Use Credit for an Outdoor Fountain/Pond Pursuant to MPWMD Rule 24-C, Residential Fixture Unit Count – Jonathan D. Ryan, 1050 Marcheta Lane, Pebble Beach – APN: 007-342-008



Consider Contract Amendment with RAMLIT Associates for Computer Modeling Assistance (CVSIM)



Consider Contract Amendment with IDias Consulting for Water Distribution System Permitting Assistance



Consider Authorization of Funds to Rent Irrigation Equipment for the San Carlos Area Irrigation System



Consider Adoption of Treasurer’s Report for May 2004








Presentation to Fran Farina by Chair Edwards






Keith Israel – Monterey Regional Water Pollution Control Agency Reclamation Project Partnership Possibilities













Report on Closed Session of July 19, 2004








Board Comments and Referrals








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. This item is continued from the June 21, 2004 Board meeting.   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.  This item is continued from the June 21, 2004 Board meeting.  Public comment will be received on this item.








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, and is continued from the June 21, 2004 Board meeting.  Public comment will be received on this item.






Consider Adoption of a Resolution in Opposition to an Anticipated Request by California-American Water that the California Public Utilities Commission Establish a Temporary Moratorium on New Water Connections and Expansion of Existing Water Connections in the Shortage-Affected Areas of its Monterey Division

Action:  The Board will consider adoption of a resolution expressing opposition to an anticipated request by California-American Water to the Public Utilities Commission for establishment of a temporary moratorium on new water connections and expansion of existing water connections.  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

**Supplement to 7/19/04 Board Packet



Committee Reports



Strategic Planning Initiatives Progress Report



Carmel River Fishery Report



Water Conservation Program Report



Monthly Allocation Report



Monthly California-American Water Production Report



Production Report – CAWD/PBCSD Wastewater Reclamation Project



Monthly Water Supply Status Report



Quarterly Geographic Information Systems Program Update



Quarterly Public Information Program Report



Quarterly Water Supply Project Status Report



Quarterly Irrigation Program and Riparian Projects Report



Quarterly Carmel River Erosion Protection and Restoration Projects Report



Quarterly Water Use Credit Transfer Status Report



Quarterly Cal-Am Sales Report







Upcoming Board Meetings


July 29, 2004

Board Workshop – Review of Proposed Desalination Projects

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 submit 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, July 15, 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.



A. Tavani, 7/8/04 Update