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

AGENDA Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** November 15, 2004 5:30 PM – Closed Session District Conference Room, 5 Harris Court, Suite G, Monterey 7:00 PM – Regular Board Meeting Monterey City Council Chambers, Pacific and Madison Streets, Monterey, CA ****************** Alvin Edwards may participate in the 7 PM session by telephone from 20166 Washburn Street, Detroit, Michigan, 48221.  Notice will be posted at the location 72 hours prior to the meeting. 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, November 12, 2004. The 7 PM meeting will be televised on Channel 25 and replayed on 11/19 and 11/26 at 7 PM and 11/22 and 11/29 at 9 PM. (Replay in Monterey, Del Rey Oaks, Seaside and Sand City only.)
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.	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
	E.	Application of California-American Water Company to the Public Utilities Commission, Application No. 04-08-012
	F.	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
	G.	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. 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 David A. Berger					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 by 5 PM on Friday, November 12, 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 December 13, 2004.
2.	Conference with Legal Counsel -- Anticipated Litigation -- Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9: One Case
3.	Adjourn to 7 PM Regular Board Meeting
7 PM – Regular Board Meeting – Monterey Council Chambers
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
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.
1.	Consider Adoption of Minutes of the October 18, 2004 Regular Board Meeting
2.	Authorize Expenditure of Budgeted Funds for Production of 2004 MPWMD Annual Report
3.	Authorize Expenditure of Budgeted Funds for Water Year 2005 Seaside Basin Aquifer Storage and Recovery Testing Program
4.	Consider Approval of Treasurer’s Report for August 2004
5.	Consider Approval of Treasurer’s Report for September 2004
PRESENTATIONS
6.	Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
7.	Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
ATTORNEY’S REPORT
8.	Report on Closed Sessions of October 18 and November 15, 2004
DIRECTORS’ REPORTS
9.	Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations
PUBLIC HEARINGS
10.	Consider Request for Variance from District Rule 23-A Requiring Individual User Water Meters – 410 Alvarado Street, Monterey, APN 001-572-015 and 016 Action: The Board will consider an application for a variance from District Rule 23-A to allow a single California-American Water connection to supply water to private development project involving construction of 18 affordable multi-family rental housing units. Public comment will be received on this item.
11.	Consider First Reading of Ordinance No. 118 re Refining the Water Distribution System Permit Process, Setting Fees, and Authorizing Enforcement Action: The Board will consider approval of the first reading of Ordinance No. 118, which would refine the water distribution system (WDS) permit process, set fees, and authorize enforcement of regulations. This ordinance is the first of two ordinances intended to clarify and streamline the WDS permit process, based on Board direction at its August 16, 2004 meeting. Public comment will be received on this item.
ACTION ITEMS
12.	Consider Approval of Agreements Related to the Carmel Area Wastewater District (CAWD)/Pebble Beach Community Services District (PBCSD) Recycled Water Project Expansion: (1) Supplemental Financing Agreement (between MPWMD and Pebble Beach Company) (2) Agreements for Sale of Recycled Water (five agreements, each between MPWMD and one of the five recycled water users) (3) Amended and Restated Construction and Operation Agreement (among MPWMD, CAWD, PBCSD, and Pebble Beach Company) (4) First Amendment to Water Purchase Agreement (among MPWMD, CAWD, and PBCSD) (5) First Amendment to Financing Implementation Agreement (between MPWMD and Pebble Beach Company) (6) First Amendment to Trust Agreement (between MPWMD and U.S. Bank National Association) Action: On May 27, 2004, the Board adopted Ordinance No. 109, which amended MPWMD Rule 23.5 to enable upgrades to the CAWD/PBCSD Recycled Water Project (formerly titled the CAWD/PBCSD Wastewater Reclamation Project).  Under Ordinance No. 109, water entitlements held by the Pebble Beach Company in accordance with MPWMD Ordinance No. 39 were made available to properties throughout Del Monte Forest, rather than only to properties owned by the Pebble Beach Company.  The project upgrades (“Project Expansion”) addressed in Ordinance No. 109 consist of (1) the addition of advanced treatment facilities at the CAWD wastewater treatment plant, and (2) the addition of storage, treatment, and distribution facilities by PBCSD at Forest Lake Reservoir. The Board will consider approval of six agreements to enable the financing, construction, and operation of the CAWD/PBCSD Recycled Water Project Expansion. 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.
13.	Letters Received
14.	Committee Reports
15.	Strategic Planning Initiatives Progress Report
16.	Carmel River Fishery Report
17.	Water Conservation Program Report for September
18.	Water Conservation Program Report for October
19.	Monthly Allocation Report
20.	Quarterly Cal-Am Sales Report
21.	Quarterly Water Use Credit Transfer Status Report
22.	Monthly California American Water Production Report
23.	Production Report – CAWD/PBCSD Wastewater Reclamation Project
24.	Report on First Quarter Financial Activity for Fiscal Year 2004-2005
25.	Monthly Water Supply Status Report
ADJOURNMENT
Upcoming Board Meetings
December 13, 2004			Regular Board Meeting	7 PM		Location to be announced
January 19, 2005			Board Budget Workshop	4 PM		District Conference Room
January 27, 2005			Regular Board Meeting	7 PM		Location to be announced

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 November 11, 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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