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


January 27, 2005

5:30 PM – Closed Session

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

7:00 PM – Regular Board Meeting

Board Room – Monterey Regional Water Pollution Control Agency

5 Harris Court, Bldg. D, Monterey

Staff notes for the 7 PM agenda items will be available on the District web site at by 5 PM on Friday, January 21, 2005.

The 7 PM Meeting will be televised on Channel 25 and Replayed on January 28 at 7 PM and January 31 at 9 PM.  (Monterey, Del Rey Oaks, Seaside and Sand City.)                                       Please check local listings for additional broadcast dates.



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 Requesting Consolidation of Monterey and Felton Districts




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. M72061




Save Our Carmel River, Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD Board; and the City of Seaside; Monterey County Superior Court Case No. M72877



Public Employee Performance Evaluation (Gov. Code 54957) – General Manager



Adjourn to 7 PM Session





Board of Directors

Larry Foy, Chair – Division 5

Kristi Markey, Vice Chair – Division 3

Alvin Edwards – Division 1

Judi Lehman – Division 2

Michelle Knight – Division 4

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors


General Manager

David A. Berger


This agenda was posted at the District office at 5 Harris Court, Monterey, on Thursday, January 20, 2005 and copies will be available at the Board meeting.  Staff reports regarding these agenda items will be available for public review on Thursday, January 20, 2005, through Thursday, January 27, 2005 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 Thursday, February 24, 2005.


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 December 13, 2004 and the Special Board Meeting of December 27, 2004



Adopt Resolution of Appreciation to Alvin Edwards for Service as Chair to the Board of Directors



Ratify Board Committee Assignments for Calendar Year 2005



Approve Annual Update of Investment Policy



Adopt Treasurer’s Report for the Month of November 2004








Present Resolution of Appreciation to Alvin Edwards



Water Supply Project Alternatives Update








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



Review and Discuss Potential Modifications to the Expanded Water Conservation and Standby Rationing Plan



Report on Carmel River Emergency Erosion Protection Work

The District’s Engineer will provide an oral report expanding on Informational Item/Staff Reports item  25, Quarterly Carmel River Erosion Protection and Restoration Projects Report



Status Report Regarding District’s Proposed “Summit Meeting” on Long-Term Water Supply Solutions








Report on 5:30 PM Closed Session of the Board








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








Consider Appeal of Hearing Officer’s Determination – Bardis Water Distribution System – APN 169-181-051

Action:  The Board will consider an Appeal submitted by Christo Bardis requesting a change to the production limit for potable residential /landscape use that was approved by the Staff Hearing Officer on November 24, 2004 for the creation of the Bardis Water Distribution System.   Bardis requests that a larger amount be approved for the residential component of the system.  Public comment will be received on this item. 






Consider Determination of Special Circumstances with Substantial Uncertainty (District Rule 24-G) for Sunrise Assisted Living of Carmel Valley (APN: 015-021-036), Val Verde Drive, Carmel

Action:  The Board will consider a determination as to the existence of  special circumstances with substantial uncertainty related to an application for a water permit for a proposed 78-bed assisted living facility.  The applicant proposes to install numerous water saving technologies to reduce potable use.  Public comment will be received.



Staff Presentation





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



Monthly Water Supply Status Report



Quarterly Water Supply Project Status Report



Quarterly Carmel River Erosion Protection and Restoration Projects Report



Quarterly Irrigation Program and Riparian Projects Report



Quarterly Water Use Credit Transfer Status Report










Upcoming Board Meetings


February 24, 2005

Regular Board Meeting

7:00 PM

MRWPCA Board Room


March 21, 2005

Regular Board Meeting

7:00 PM



March 31, 2005

Special Board Meeting

7:00 PM



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 Monday, January 24, 2005.  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.