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.

DRAFT AGENDA Closed Session and Special Meeting Board of Directors Monterey Peninsula Water Management District ****************** May 3, 2004 5:30 PM – Closed Session 7:00 PM – Special Board Meeting District Conference Room, 5 Harris Court, Bldg G, Monterey, CA Staff notes for the 7:00 PM agenda items will be available on the District web site at http://www.mpwmd.dst.ca.us/agenda/agenda.htm by 5 PM on Friday, April 30, 2004.
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.
1.		Public Employment (Gov. Code Section 54957)
		A. General Manager
2.		Conference with Labor Negotiators (Gov. Code Section 56957.6)
		A.	Agency Designated Representatives: Ellen Aldridge, Rick Dickhaut, Cynthia Schmidlin
			Employee Organization: Laborers’ International Union of North America, AFL-CIO, (LIUNA/UPEC) Local 270
3.		Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
		A.	California State Water Resources Control Board application (SWRCB) T031449; Temporary Permit 21163
		B.	Petition for Change to SWRCB Permit 11674B
		C.	Petition for Change to SWRCB Permit 20808
		D.	California-American Water Company v. City of Seaside et al., Monterey County Superior Court, Case No. M66343
4.		Conference with Legal Counsel – anticipated Litigation – Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9: One Case
5.		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 Potter – Monterey County Board of Supervisors General Manager Fran Farina			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. Staff notes regarding these agenda items will be available for public review on Thursday, April 29, 2004 through Monday, April 3, 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 May 17, 2004.
7:00 PM Special Meeting
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
Note: Protocols pertaining to Oral Communications have been modified at the Direction of the Chair.
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.
Note: Protocols pertaining to the Consent Calendar have been modified at the Direction of the Chair.
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.
1.		Consider Ratification of Appointment of an Alternate to the District’s Legislative Committee
PUBLIC HEARINGS
2.		Consider Appeal Regarding Rule 24 (Ordinance No. 98), Assessment of Fees for Second Bath – 116 13^th Street, Pacific Grove, APN 006-183-007 – Jeffrey Becom and Sally Aberg Action: The Board will consider an appeal of a staff decision to deny a Waiver from Connection Charges pursuant to MPWMD Rule 24-Connection Charges. The applicant had previously paid connection charges for installation of multiple showerheads. Public comment will be received on this item. **Additional Information presented at meeting**
3.		Consider Appeal of General Manager’s Decision to Deny a Water Use Credit for an Outdoor Fountain/Pond Pursuant to Rule 24-C, Residential Fixture Unit Count – 1050 Marchetta Lane, Pebble Beach, APN 007-342-008 – Jonathan Ryan Action: The Board will consider an appeal of a staff decision to deny a Water Use Credit for an outdoor fountain/pond pursuant to MPWMD Rule 24--C, Residential Fixture Unit Count. Public comment will be received on this item. **Additional Information presented at meeting**
4.		Consider Second Reading of Ordinance No. 113 Increase Board Compensation Action: The Board will consider adoption of an ordinance that would increase the compensation they receive for conducting business on behalf of the District. This item was continued from the April 19, 2004 Board meeting. Public comment will be received on this item. **Additional Information presented at meeting**
5.		Consider First Reading of Ordinance No. 116 – Carmel River Advisory Committee Member Terms Action: The Board will consider adoption of an ordinance that would change District rules regarding appointments to the Carmel River Advisory Committee.  This item was continued from the April 19, 2004 Board meeting. Public comment will be received on this item. **Additional Information presented at meeting**
ACTION ITEMS
6.		Consider Adoption of Resolution for Continuation of the District’s Mitigation Program Action: The Board will consider adoption of a draft resolution recommended by the Carmel River Advisory Committee for the District to continue implementation and funding of the Mitigation Program. This item was continued from the April 19, 2004 Board meeting. Public comment will be received on this item. **Additional Information presented at meeting**
7.		Receive Status Report on Preparation of a Study to Update Commercial Water Use Factors Action: A status report on preparation of an update to the District’s commercial water use factors will be provided. The Board will consider directing staff on proceeding with a study to update the commercial water use factors. Public comment will be received on this item.
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 send 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 PM on April 29, 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.

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