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 Regular Meeting and Closed Session Board of Directors Monterey Peninsula Water Management District ****************** May 17, 2004 5:30 PM Closed Session District Conference Room, 5 Harris Court, Bldg. G, Monterey 7:00 PM Regular Meeting Monterey City Council Chambers, Pacific & Madison, Monterey Staff notes for the 7 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, May 14, 2004. The 7 PM Meeting will be Televised on May 17 and Replayed on May 24, 2004 on Channel 25
5:30 PM – Closed Session – District Conference Room
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
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, and copies will be available at the Board meeting. Staff notes regarding these agenda items will be available for public review on Thursday, May 13, 2004 through Monday, May 17, 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 June 21, 2004.
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
7 PM Meeting – Regular Meeting -- Monterey Council Chambers
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 Adoption of Minutes of the March 31, 2004 Board Workshop, 7 PM Session; April 19, 2004 Regular Board Meeting; and April 22, 2004 Special Board Meeting
2	Consider Authorization of Contract with Accounting Firm to Conduct Annual Audits for Fiscal Years 2003-2004, 2004-2005 & 2005-2006
3.	Consider Approval of Annual Memorandum of Agreement for Releases and Diversions from San Clemente Reservoir
4.	Authorize Chair to Write Letter of Support for AB 2918 (Laird) -- Desalination Utility Rates
5.	Consider Adoption of Treasurer’s Report for March 2004
GENERAL MANAGER’S REPORT
6.	Status Report on Seaside Basin Management Plan and ASR
ATTORNEY’S REPORT
7.	Report on Closed Sessions of April 28, May 3 and May 17, 2004
DIRECTORS’ REPORTS
8.	Board Comments and Referrals
PUBLIC HEARINGS
9.	Consider Draft FY 2004-2005 MPWMD Budget Action: The Board will discuss the draft budget that includes projected expenses and revenue forecasts for the upcoming fiscal year. Direction to staff will be provided. The final budget will be presented at the June21, 2004 Board meeting for adoption. Public comment will be received on this item.
10.	Receive Water Supply Forecast for Period of May 1, 2004 – September 30, 2005 Action: Staff will present information regarding available water storage as of May 1, 2004 and expected water demand through September 30, 2005. Based on this information, staff will recommend whether or not water demand reductions are needed at this time. Public comment will be received on this item.
11.	Consider Amendment of Implementation Guidelines for Disclosure of Ex Parte Communications to Enable Board Members to Orally Report Ex Parte Contacts Action: The Board will consider amendment of the Implementation Guidelines for Disclosure of Ex Parte Communications originally adopted in concert with Ordinance No. 99 (District Regulation XVIII and Rules 180, 181, 182 and 183). Whereas the existing guidelines require Board Members to make written reports of any Ex Parte contact, this amendment would allow Board Members to make oral reports of such contacts. Public comment will be received on this item.
12.	Consider Second Reading of Ordinance No. 112 (Continued from April 19, 2004) – Rescinding Rules Requiring Disclosure of Ex Parte Communications and Repealing Penalties and Remedies for Non-Disclosure Action: The Board will consider the second reading and adoption of Ordinance No. 112 that would rescind the District’s Ex Parte Communication Rules. This second reading began at the Board Meeting of April 19, 2004, but was referred to committee for further analysis. Public comment will be received on this item.
13.	Consider Second Reading of Ordinance No. 114 – An Ordinance of the Monterey Peninsula Water Management District Amending District Rule 24 to Clarify Special Fixture Unit Accounting for Second Bathrooms Action: The Board will consider second reading and adoption of an ordinance that would clarify the process by which someone can obtain a second bathroom in an existing single-family residence on a single-family residential site.  Public comment will be received on this item.
14.	Consider Second Reading of Ordinance No. 115 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Clarifying Water Use Credit Rules, Cancellation of Permits Rules, and Setting Fees for Water Use Credit Documentation Action: The Board will consider second reading and adoption of an ordinance that would clarify the reuse of Water Use Credits on a Site and would relocate existing provisions of the District's Rules and Regulations related to cancellation of permits from multiple rules to one rule. Public comment will be received on this item.
ACTION ITEMS
15.	Review Provisions and Make Recommendations Regarding Ordinance No. 104 – Modify Administrative Appeal Processes Action: The Board will conduct a mandatory review of Ordinance No. 104 as required upon adoption of the ordinance. The Board will review the provisions of the ordinance and direct staff on any modifications or changes. No modifications are recommended. Public comment will be received on this item.
16.	Consider Potential Modifications to Water Use Credit Transfer Program and Provide Direction to Staff Action: The Board will consider the Water Demand Committee's recommendation to modify approval of water credit transfers from a discretionary action to a ministerial action. The Technical Advisory Committee originally formulated this recommendation in February 2004. The Board may direct staff on preparation of an ordinance to make the modifications. Public comment will be received on this item.
INFORMATIONAL ITEMS 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.
17.	Letters Received
18.	Committee Reports
19.	Strategic Planning Initiatives Progress Report
20.	Carmel River Fishery Report
21.	Water Conservation Program Report
22.	Monthly Allocation Report
23.	Monthly Cal-Am Water Company Production Report
24.	Production Report – CAWD/PBCSD Wastewater Reclamation Project
25.	Monthly Water Supply Status Report
26.	Quarterly California-American Water Company Sales Report
ADJOURNMENT
Upcoming Board Meetings
May 27, 2004			Closed Session		5:30 PM	District Conference Room
May 27, 2004			Special Board Meeting		7 PM	District Conference Room
June 21, 2004			Regular Board Meeting		7 PM	Monterey City Council Chambers

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 May 13, 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.

U:\staff\word\Agendas\Yr2004\Board\draft0517.doc

Revised 5/13/04