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.

Text Box: Note Closed Session Meeting Time




Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


Monday, May 21, 2007

5:00 PM – Closed Session

Grill at Ryan Ranch, Cork Room, 1 Harris Court, Suite 103, Monterey, CA

7:00 PM – Regular Board Meeting

Conference Room, Monterey Peninsula Water Management District

5 Harris Court, Bldg G, Monterey, CA

Staff notes for the 7 PM agenda items will be available on the District web site at
by 5 PM on Friday, May 18, 2007.

The 7 PM Meeting will be televised on Comcast Channels 25 & 28.  Refer to broadcast schedule on page 4.






5:00 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))




Application of California American Water Company to the Public Utilities Commission Application No. 04-09-019 and the Coastal Commission – Coastal Water Project




State Water Resources Control Board Permit No. 7130B




State Water Resources Control Board Permit No. 20808




MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 – Monterey County Superior Court Case No. M83498






Board of Directors

David Pendergrass, Chair – Mayoral Representative

Alvin Edwards, Vice Chair – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Michelle Knight – Division 4

Larry Foy – Division 5

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, May 16, 2007.  Staff reports regarding these agenda items will be available for public review on Thursday, May 17, through Monday, May 21 at the District office and at the Carmel, Carmel Valley, Monterey, Pacific Grove and Seaside libraries.  A Board Workshop is scheduled for Thursday, May 31, 2007. The next regular meeting of the Board of Directors is scheduled for Monday, June 18, 2007.







MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 – Monterey County Superior Court Case No. M83499




California Public Utilities Commission (Application No. 07-02-023) – Application for Allowance for Funds Used During Construction (AFUDC) for its San Clemente Dam Memorandum Account






Conference with Labor Negotiators (Gov. Code §54957.6)



Agency Designated Representatives:  Rick Dickhaut, Cynthia Schmidlin, David A. Berger and Ellen Aldrich



Employee Organization:  General Staff and Management Bargaining Units Represented by Laborer’s International Union of North America, AFL CIO, (LIUNA/UPEC) Local 270







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 all other items at the time they are presented to the Board. 






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 separate consideration at the request of a member of the public, or a member of the Board.  Following adoption of the remaining Consent Calendar items, staff will give a brief presentation on the pulled item.  Members of the public are requested to limit individual comment on pulled Consent Items to three (3) minutes. 



Consider Adoption of Minutes of the April 16, 2007 Regular Board Meeting and April 19, 2007 Strategic Planning Retreat



Consider Adoption of Resolution No. 2007-04 Calling for Board Member Elections on November 6, 2007 Within Voter Divisions 3, 4 and 5



Consider Adoption of Resolution 2007-05 Modifying Rule 162 – Regulatory Water Production Targets for California American Water (CAW) Main System



Consider Adoption of Resolution No. 2007-06 – Amending Fees and Charges Table – Rule 60



Consider Adoption of Resolution No. 2007-07 Recognizing the 20th Anniversary of Water Awareness Month, and Commending the Water Awareness Committee of Monterey County, Inc. for its Successful Efforts in Educating the Community



Consider Approval of Third Quarter FY 2006-2007 Investment Report



Consider Adoption of Treasurer’s Report for March 2007








Water Supply Project Alternatives Update



Report from Catherine Bowie, California American Water, and Stephanie Pintar, MPWMD Water Demand Manager, Regarding a Special Joint Effort to Promote Water Conservation Due to Critically-Dry Year Conditions








Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision








Report on 5:30 PM Closed Session of the Board







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





PUBLIC HEARINGS – Public comment will be received on each of these items.  Please limit your comment to three (3) minutes per item.



Consider First Reading of Ordinance No. 128 – Clarifying Terms, Rules and Policies Related to Water Distribution Systems, Water Permits, Water Use Permits, Water Credits, Affordable Housing, Fees and the Expanded Water Conservation and Standby Rationing Plan

Action: The Board will consider the first reading of an ordinance that amends the Rules to clarify the processes related to the administration of Permits and Fees.  This ordinance updates the definitions used by the District and simplifies the language of the current Rules related to Water Use Permits to reflect current practices.

    Presentation Materials






Consider Adoption of April 19, 2007 through September 30, 2007 MPWMD Strategic Plan

Action:  The Board will receive public comment on the draft Strategic Plan and consider adoption.  The plan was developed at the April 19, 2007 Board Strategic Planning Retreat.

    Presentation Materials





ACTION ITEMSPublic comment will be received on each of these items.  Please limit your comment to three (3) minutes per item.



Receive and Confirm Water Supply Forecast for Period of May 1, 2007 through September 30, 2008

Action:  Staff will present information regarding available water storage as of May 1, 2007, and expected water demand through September 30, 2008.  Based on this information, staff will recommend whether or not additional, mandatory water demand reductions are needed at this time. 

    Presentation Materials






Consider Approval of 2007 Annual Memorandum of Agreement for Releases and Diversions from San Clemente Reservoir among California American Water (CAW), California Department of Fish and Game (CDFG), and MPWMD

Action:  The Board will consider approval of the 2007 MOA between CAW, CDFG, and MPWMD. The MOA governs releases from San Clemente Reservoir during the May through December 2007 period and is designed to protect the fish and wildlife resources in the Carmel River and ensure provision of water to CAW's customers in accord with SWRCB Order No. 95-10.

    Presentation Materials






Consider Report and Recommendation from Administrative Committee on Campaign Finance Reporting Regulations

Action: The Board will consider a report from the Administrative Committee on whether or not to develop campaign finance reporting regulations that could be presented for consideration at a future meeting.



Continued to June Board meeting





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

Letter Packet



Committee Reports



Carmel River Fishery Report



Water Conservation Program Report



Monthly Allocation Report



Monthly California American Water Production Report



Monthly Water Supply Status Report









Board Meeting Broadcast Schedule – Comcast Channels 25 & 28


Ch. 28, 7 PM, Mon. May 21, 28; June 4, 11

Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside


Ch. 28, 1 PM, Tues. May 22, 29; June 5, 12

Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside


Ch. 28, 7 PM, Fri., May 25; June 1, 8, 15

Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside


Ch. 25, 7 PM, Sun., May 27; June 2, 9, 16

Del Rey Oaks, Monterey, Sand City, Seaside





Upcoming Board Meetings


June 18, 2007

Regular Board Meeting

7:00 PM

MPWMD Conference Room


July 16, 2007

Regular Board Meeting

7:00 PM

MPWMD Conference Room


August 20, 2007

Regular Board Meeting

7:00 PM

MPWMD Conference Room


August 30, 2007

Board Workshop

7:00 PM

MPWMD 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 5:00 PM on Thursday, May 17, 2007.  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.