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.

Supplement Letter Packet

AGENDA Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** February 24, 2005 5:30 PM – Closed Session District Conference Room, 5 Harris Court, Suite G, Monterey 7:00 PM – Regular Board Meeting Board Room – Monterey Regional Water Pollution Control Agency 5 Harris Court, Bldg. D, Monterey, CA 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, Feb. 18, 2005. The 7 PM Meeting will be televised on Channel 25 and Replayed on 2/25 and 3/4 at 7 PM, and on 2/28 and 3/7 at 9 PM. (Replay in Monterey, Del Rey Oaks, Seaside and Sand City only.)
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.	Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
	A	California-American Water Company v. City of Seaside et. al., Monterey County Superior Court Case No. M66343
	B.	Application of California-American Water Company to the Public Utilities Commission, Application No. 04-08-012, Consolidate Rates for Monterey and Felton Districts
	C.	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
	D.	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. M72061
	E.	Save Our Carmel River, Patricia Bernardi; and The Open Monterey Project v. MPWMD; MPWMD Board; and the City of Seaside; Monterey County Superior Court Case No. M72877
2.	Public Employee Performance Evaluation (Gov. Code 54957) – District Counsel
3.	Adjourn to 7 PM Session
Board of Directors Larry Foy, Chair – Division 5 Kristi Markey, Vice Chair – Division 3 Alvin Edwards – Division 1 Judi Lehman – Division 2 Michelle Knight – Division 4 David Pendergrass – Mayoral Representative 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 February 17, 2005. Staff reports regarding these agenda items will be available for public review on Thursday, February 17, through Thursday, February 24, 2005 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 March 21, 2005.
7 PM – Regular Board Meeting
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 January 19, 2005 Board Workshop on 2005-2006 Fiscal Year Budget Planning and the January 27, 2005 Regular Meeting of the Board
2.	Approve Amendment to Agreement for Sale of Recycled Water between MPWMD and Robert Louis Stevenson School
3.	Approve Deed Restriction Template 3.7, Notice of Removal of Deed Restrictions
4.	Approve Revisions to Deed Restriction Implementation Guidelines
5.	Receive Scoping Report Summarizing Comments on Notice of Preparation for EIR on MPWMD Aquifer Storage and Recovery Project
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 5:30 PM Closed Session
DIRECTORS’ REPORTS
9.	Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations
PUBLIC HEARINGS
10.	Consider Appeal by Las Villas Nogales Home Owners’ Association of Staff Determination Regarding Denial of Water Use Credits on Adjacent Properties – Continued from December 13, 2004 Board Meeting Action: The Board will consider as the basis for staff’s recommended denial of this appeal, the General Counsel’s opinion on the term “site” as used in District Rules and Regulations; and if the Board concurs, adopt Findings of Denial. Public comment will be received on this item.
	December 13, 2004 Staff Presentation
11.	Consider Appeal of District Staff’s Decision to Deny a Water Permit Pursuant to MPWMD Rule 24-C, Special Fixture Unit Accounting – 902 Via Verde, Del Rey Oaks (APN 012-541-003) Action: The Board will consider an appeal of a District staff decision to deny a Water Permit pursuant to MPWMD Rule 24--C, Special Fixture Unit Accounting. Public comment will be received on this item.
	Staff Presentation
12.	Consider Appeal of District Staff’s Decision to Deny a Water Permit Pursuant to MPWMD Rule 24-C, Special Fixture Unit Accounting – 167 Laurel Avenue, Pacific Grove (APN 006-247-005) Action: The Board will consider an appeal of the District staff decision to deny a Water Permit pursuant to MPWMD Rule 24--C, Special Fixture Unit Accounting. Public comment will be received on this item.
	Staff Presentation
13.	Consider Application to Create Cañada Woods Water Company Water Distribution System (Combining Cañada Woods and Monterra Ranch Systems); APN 169-011-004 et al (Tehama/Monterra) Action: The Board will consider an application by Cañada Woods Water Company to create a consolidated water distribution system that combines the existing Cañada Woods and Monterra Ranch Water Distribution Systems to serve the Tehama and Monterra Subdivision areas.  Two separate permits are envisioned: one for the potable supply and one for the non-potable/reclaimed water supply.  Public comment will be received on this item.
14.	Consider First Reading of Ordinance No. 119 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending District Rules to Modify the Expanded Water Conservation and Standby Water Rationing Plan Action: The Board will consider the first reading of an ordinance that clarifies and amends the District’s Expanded Conservation and Standby Rationing Plan. Public comment will be received on this item.
	Staff Presentation
15.	Consider First Reading of Ordinance No. 120 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Setting and Amending Administrative Fees for Various Services, Including Permit Processing, and Enabling Future Amendment of Fees by Board Resolution Action: The Board will consider the first reading of an ordinance that amends fees charged in the Water Demand Division. Public comment will be received on this item.
	Staff Presentation
16.	Consider Adoption of Mid-Year FY 2004-2005 Budget Adjustment Action: At mid-year, District staff routinely review the budget and proposed revisions that will ensure continuance of the District’s programs and facilitate changes in the District’s priorities. A draft, amended budget is presented for Board consideration. Public comment will be received on this item.
ACTION ITEMS – No Action Items are presented for Board consideration.
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.
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 California-American Water Company Production Report
24.	Semi-Annual Financial Report on the CAWD/PBCSD Recycled Water Project
25.	Monthly Water Supply Status Report
26.	Receive and File Semi-Annual Groundwater Quality Monitoring Report
ADJOURNMENT
Upcoming Board Meetings
March 21, 2005			Regular Board Meeting		7 PM	Board Room – MRWPCA Office
March 31, 2005			Special Board Meeting		7 PM	Board Room – MRWPCA Office
April 18, 2005			Regular Board Meeting		7 PM	Board Room – MPWMD Office

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 Monday, February 18, 2005. 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\boardpacket\2005\2005boardpackets\20050224\0224_agenda.doc