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.






Supplemental Letter Packet




Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


December 13, 2004

5:30 PM – Closed Session

District Conference Room, 5 Harris Court, Suite G, Monterey

7:00 PM – Regular Board Meeting

Monterey Regional Water Pollution Control Agency Board Room

5 Harris Court, Bldg. D, Monterey CA  93940


Alvin Edwards will participate in the 5:30PM and 7 PM sessions by telephone from 1915 W Highland Avenue, Selma, Alabama, 36701.  Notice will be posted at the location 72 hours prior to the meeting.

Staff notes for the 7 PM agenda items will be available on the District web site at by 5 PM on Friday, December 10, 2004.

The 7 PM Meeting will be Televised on Channel 29 on 12/17 and 12/24 at 7 PM and on 12/20 and 12/27 at 9 PM  in Monterey, Del Rey Oaks, Seaside and Sand City.










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




Application of California-American Water Company to the Public Utilities Commission, Application No. 04-08-012




Application of California-American Water Company (U 210 W) Pursuant to D. 04-07-035 Deferring Request for an Immediate Moratorium in its Monterey Division




Save Our Carmel River; Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD Board; and the City of Monterey:  Monterey County Superior Court Case No. M66343







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 PotterMonterey 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 by 5 PM on Friday, December 10, 2004 through Monday, December 13, 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 January 27, 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 November 15, 2004 Regular Board Meeting



Receive and Accept Report on Water Year 2004 Seaside Basin Injection Testing Program



Consider Adoption of Resolution of Appreciation for Sherron Forsgren Upon Retirement from the District



Authorize Expenditure of Budgeted Funds for Development of the Public Involvement Component of the Seaside Basin Groundwater Management Plan



Consider Recommendation to Improve Efficiency in Production of Certain Informational Staff Reports



Consider Approval of First Quarter Investment Report



Adopt Treasurer’s Report for the Month of October 2004









Present Resolution of Appreciation to Sherron Forsgren




Water Supply Project Alternatives Update








Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10








Report on 5:30 PM Closed Session of the Board








Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations



A.            Tehama-Monterra/Cańada Woods Water System Committee (Foy and Markey)








Consider Commercial-to-Jurisdiction Water Use Credit Transfer (District Rule 28-B) from APN 011-293-002 (866-890 Broadway, Seaside) to the City of Seaside

Action:  The Board will consider an application to transfer commercial water credits that originated from a commercial use to the City of Seaside.  Public comment will be received on this item.






Consider Approval of Application to Amend California American Water Distribution System to Annex Sullivan Parcel (APN 197-081024, California American Water and Lombardo & Gilles, co-applicants)

Action:  The Board will consider approval of an application by California American Water (Cal-Am) and Lombardo & Gilles to expand the Cal-Am service area boundary to include the Sullivan residence in Carmel Valley.  The property is not within the Cal Am service area and is currently not supplied by Cal Am, but had previously received Cal Am service for many years.  Public comment will be received on this item.






Consider Appeal by Las Villas Nogales Home Owner’s Association of Staff Determination Regarding Denial of Water Use Credits on Adjacent Properties

Action:  The Board will consider an appeal of a staff decision regarding the definition of the term "site."  The appeal involves multiple parcels under individual ownership and a parcel owned by a homeowners’ association.  Public comment will be received on this item.



Staff Presentation






Consider Second Reading and Adoption of Ordinance No. 118 Refining the Water Distribution System Permit Process, Setting Fees, and Authorizing Enforcement

Action:  The Board will consider the second reading and adoption of Ordinance No. 118, which would refine the water distribution system (WDS) permit process, set fees, and authorize enforcement of regulations.  This ordinance is the first of two ordinances intended to clarify and streamline the WDS permit process, based on Board direction at its August 16, 2004 meeting.  Public comment will be received on this item.






Consider Adoption of January through March 2005 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 January through March 2005.  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 Conference Room Upgrade to Facilitate Use for Board Meetings

Action: The Board will consider an expenditure of budgeted and supplemental funds to upgrade the District Conference Room to facilitate its use for monthly Board meetings.  Public comment will be received on this item.






Consider Nominations for Board Chair and Vice-Chair for 2005 and Conduct Elections for Board Officers

Action:  The Directors will nominate candidates for the positions of Board Chair, Vice Chair, Secretary and Treasurer and conduct elections for those Board offices.  Chairman Edwards has proposed that this item be continued to a December 27, 2004 (9:00 AM) Special meeting when all Directors are expected to be present.  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



October 2004 Production Report – CAWD/PBCSD Wastewater Reclamation Project



Monthly Water Supply Status Report










Upcoming Board Meetings


December 27, 2004

Special Board Meeting

9 AM

District Conference Room


January 19, 2004

Board Workshop on Preliminary 2005/2006 MPWMD Budget

4 PM

District Conference Room


January 27, 2004

Regular Board Meeting

7 PM

Location To Be Announced







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 5:00 PM on Thursday, December 9, 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.