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.




Click here for revised Closed Session agenda



Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


Monday, October 21, 2013

5:30 PM – Closed Session

2999 Monterey Salinas Highway, 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, October 18, 2013.

The 7 PM Meeting will be televised on Comcast Channels 25 & 28.  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))




Application of California American Water to the CPUC (App. No. 13-07-002)  2013 General Rate Case




MPWMD v. CPUC (Cal-Am); CA Supreme Court Case No. S208838






Conference with Labor Negotiators (Gov. Code 54957.6)




Unrepresented Employees:  Confidential Unit






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






Adjourn to 7 pm Session






Board of Directors


David Pendergrass, Chair – Mayoral Representative

Brenda Lewis, Vice Chair – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Jeanne Byrne – Division 4

Robert S. Brower, Sr. – Division 5

David Potter – Monterey County

Board of Supervisors


General Manager

David J. Stoldt


This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Wednesday, October 16, 2013.  Staff reports regarding these agenda items will be available for public review on Thursday, October 17 through Monday, October 21 at the District office and at the Carmel, Carmel Valley, Monterey, Pacific Grove and Seaside libraries. After staff reports have been distributed, if additional documents are produced by the District and provided to a majority of the Board regarding any item on the agenda, they will be available at the District office during normal business hours, and posted on the District website at  Documents distributed at the meeting will be made available in the same manner. The next regular meeting of the Board of Directors is scheduled for Monday, November 18, 2013.




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 September 16, 2013 Regular Board Meeting



Consider Authorization to Enter into Reimbursement Agreement with City of Seaside for Appraisal at Phase 1 Santa Margarita ASR Site



Consider Expenditure of Funds to Retain Schaff and Wheeler Consulting Civil Engineers to Evaluate the Reclamation Ditch as a Source of Supply for the Groundwater Replenishment Project



Consider Expenditure of Funds for Development of a Long Term Strategic Plan for Los Padres Dam



Consider Adoption of Bargaining Agreement with Confidential Unit



Consider Approval of Resolutions 2013-23, 2013-24, 2013-25, 2013-26 and 2013-27 Regarding Employee Contributions to the California Public Employees Retirement System







Status Report on California American Water Compliance with State Water Resources Control Board Order 2009-0060 and Seaside Groundwater Basin Adjudication Decision



Update on Development of Water Supply Projects  



Six Month Update on Strategic Plan Implementation








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. 156 Clarifying and Amending Terms and Procedures Related to Water Permits, Water Use Credits, Rebates and Landscape Water Audits



Action: The Board will consider an ordinance to clarify and amend terms and procedures related to Water Permits, Water Use Credits, Rebates and Landscape Water Audits. The ordinance clarifies definitions and procedures, including resolving a problematic issue related to the interchangeability of Standard Bathtubs and Showers; revising the fixture unit value for Ultra-Low Flush Toilets by 1/1,000th of an Acre-Foot; continuing the conservation incentive (Rule 25.5, Table 4) for Ultra-Low Flush Toilets replaced with High Efficiency Toilets or Ultra High Efficiency Toilets; adding Rebates for flapper replacements and replacement of Ultra-Low Flush Toilets with High Efficiency Toilets; and amending Rule 172 to conform with amendments to Rule 11 (Definitions) related to Landscape Irrigation Auditors.



Ø  Staff Presentation





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



Consider Adoption of Resolution 2013-28 -- Amendment to MPWMD Board Meeting Rule 2.5



Action:  The Board will consider adoption of Resolution 2013-28 that would modify rules regarding rotation of directors into the position of Chair and Vice Chair.






Provide Direction to Staff Regarding District Positions for General Rate Case Filings and Testimony



Action: Staff is seeking input from the Board on priorities for intervention in the General Rate Case.





DISCUSSION ITEMS – No action will be taken.  These items are intended only for the exchange of ideas between Directors and staff.  Public comment will be received on each item.  Please limit your comment to three (3) minutes per item.



Discuss Response to Receipt of Initiative Petition Submitted by Public Water Now



Summary:  On September 6, 2013, Public Water Now delivered to the Water Management District its petition for an initiative measure titled, “The Monterey Peninsula Water Service Local Ownership and Cost Savings Initiative.”  The Board will review a response to receipt of the petition.



Ø  Letter submitted by Doug Wilhelm



Ø  Letter submitted by Kathleen Baker






Discuss Amending Rule 28 to Allow Ministerial Approval of Water Use Credit Transfers



Summary:  Staff is seeking input from the Board members on the concept of amending Rule 28. 





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



Ø  Carmel River Fishery Report (revised 2/26/14)



Water Conservation Program Report



Monthly Allocation Report



Monthly Water Supply and California American Water Production  Report



Quarterly Carmel River Riparian Corridor Management Program Report



Quarterly Water Use Credit Transfer Status Report













Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at on the Monterey Channel


Broadcast schedule shown below.  Check your local listings for the 10/21/13 meeting broadcast dates.


Ch. 25, Mondays, 7 PM

Del Rey Oaks, Monterey Sand City, Seaside


Ch. 28, Mondays, 7 PM 

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


Ch. 25, Thursday, Noon

Del Rey Oaks, Monterey, Sand City, Seaside 


Ch. 25, Fridays, Noon

Del Rey Oaks, Monterey, Sand City, Seaside 


Ch. 28, Fridays, 7 PM

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


Ch. 28, Saturdays, 1 PM 

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





Upcoming Board Meetings


November 18, 2013

Regular Board Meeting

7:00 pm

District Conference room


December 9, 2013

Regular Board Meeting

7:00 pm

District Conference room


Wed., January 29, 2013

Regular Board Meeting

7:00 pm

District Conference room


Upon request, MPWMD will make a reasonable effort to 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.  MPWMD will also make a reasonable effort to provide translation services upon request.  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, October 17, 2013.  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.