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


April 18, 2005

5:30 PM – Special Meeting/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, CA

Board Chair Foy will participate IN THE 5:30 pm AND 7 pm SESSIONS

by telephone from 2048 N. Denizen Drive, Surprise, Az

Staff notes for the 7 PM agenda items will be available on the District web site at by 5 PM on Friday, April 15, 2005.

The 7 PM Meeting will be televised on Comcast Channel 25.  Refer to broadcast schedule on page 3.


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 Comment – Members of the public may address the Board on the item or items listed on the Closed Session agenda.






Adjourn to Closed Session






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. M72061







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 Wednesday, April 13, 2005.  Staff reports regarding these agenda items will be available for public review on Thursday, April 14, 2005 through Monday, April 18, 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 May 16, 2005.




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






Adjourn to 7 PM Session





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 March 21, 2005 and Special Board Meeting of March 31, 2005



Consider Authorization of Funds to Contract with Ventana Wilderness Society for Carmel River Avian Habitat Monitoring



Consider Approval of Resolution 2005-02 in Support of Filing Proposition 50 Planning Grant Application



Receive Annual Monterra Ranch Hydrologic Monitoring Report for Water Year 2004



Receive 2003-2004 Annual Mitigation Program Report



Adopt Treasurer’s Report for the Month of December 2004



Adopt Treasurer’s Report for the Month of January 2005








Water Supply Project Alternatives Update








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

PowerPoint presentation



Oral Report on Regional Urban Water Supply Project Governance Concept Alternatives

PowerPoint presentation








Report on 5:30 PM Closed Session








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





PUBLIC HEARINGS – There are no public hearing items for Board consideration







Confirm Scope of Work and Project Description for EIR on MPWMD Aquifer Storage and Recovery Project

Action:  The Board will consider amending a current contract with a consulting firm that is helping to prepare an Environmental Impact Report (EIR) on the District's proposed aquifer storage and recovery (ASR) project.  The contract changes are based on March 18, 2005 Board direction on the amended EIR scope of work and final project description, which were amended in response to public and agency comments on the EIR Notice of Preparation.  Public comment will be received.

PowerPoint presentation






Consideration of Proposed Memorandum of Agreement with California American Water Regarding Management and Operation of Aquifer Storage and Recovery Facilities

Action:  The Board will consider approval of the proposed MOA which clarifies joint efforts and cooperation between the MPWMD and California American Water to facilitate present and future aquifer storage and recovery project operations. Public comment will be received on this item.

The Administrative Committee met on April 18, 2005 and voted 3 to 0 to have this item deferred to a future Board meeting.

PowerPoint presentation






Receive Recommendation from Ad-Hoc Legislative Subcommittee on AB 1421

Action:  As introduced, AB 1421 would require that 750 acre-feet per year of any State-approved or funded project providing water within the District, be allocated to new affordable housing as specified in the respective general plans of the County and cities within the District's boundaries.  At its March 31 special meeting the Board of Directors formed an Ad Hoc Legislative Committee comprised of Directors Pendergrass and Potter to discuss AB 1421 with its author, Assembly Member John Laird.   The Board will receive an oral report from Directors Pendergrass and Potter on the substance and outcome of their discussion with Assembly Member Laird, and their recommendation as to how District input on the bill should be addressed in the State legislative process. 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



Monthly Water Supply Status 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



Report on Fiscal Year 2004-05 Financial Activity for the Six-Month Period Ended December 31, 2004







MPWMD Board Meeting Broadcast Schedule – Comcast Channel 25


Monday, April 18 at 7 PM

Throughout Monterey County


Friday, April 22, 29, May 6, 13 at 7 PM

Throughout Monterey County


Monday April 25, May 2, 9 at 7 PM

Carmel, Carmel Valley, Pacific Grove, Pebble Beach


Monday April 25, May 2, 9 at 9 PM

Del Rey Oaks, Monterey, Sand City, Seaside


Tuesday, April 19, 26, May 3, 10 at 1 PM

Carmel, Carmel Valley, Pacific Grove, Pebble Beach





Upcoming Board Meetings


May 3, 2005

Board Workshop – FY 2005-2006 Budget

7 PM

Board Room – MRWPCA


May 16, 2005

Regular Board Meeting

7 PM

Board Room – MRWPCA


May 26, 2005

Board Workshop – FY 2005-2006 Budget

7 PM

Board Room – MRWPCA


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 Friday, April 15, 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.