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

******************

March 21, 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, March 18, 2005.

 

The 7 PM Meeting will be televised on Channel 25 and replayed on Fridays at 7 PM and Mondays at 9 PM. 

(Replay in Monterey, Del Rey Oaks, Seaside and Sand City only.)

The 7 PM Meeting will replay on County of Monterey Channel 25 on Mondays at 7:00 PM, Tuesdays at 1:00 PM and Fridays at 7:00 PM. 

(Replay in Pacific Grove, Pebble Beach, Carmel and Carmel Valley)

 

 

 

 

 

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.

Application of California-American Water Company to the Public Utilities Commission Application No.  05-02-012 – General Rate Case

 

 

E.

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

 

 

F.

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 Tuesday, March 15, 2005.  Staff reports regarding these agenda items will be available for public review on Thursday, March 17, 2005 through Monday, March 21, 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 April 18, 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 February 24, 2005 Regular Meeting of the Board of Directors

 

2.

Consider Proposed Response to 2004 Civil Grand Jury Report

 

3.

Receive and File District-Wide Annual Water Distribution System Production Summary for Water Year 2004

 

4.

Receive and File District-Wide Annual Water Production Summary Report for Water Year 2004

 

5.

Review and Accept Independent Auditor’s Report for Fiscal Year 2003-2004

 

6.

Consider Approval of Second Quarter Investment Report

 

 

PRESENTATIONS

 

7.

Presentation of Progress Reports on Long-Term Water Supply Proposals:

  1. Pajaro/Sunny Mesa Community Services District -- Desalination Project
  2. Monterey County -- Regional Urban Water Supply Project
  3. Monterey Regional Water Pollution Control Agency -- Groundwater Recharge Project
  4. California American Water -- Coastal Water Project
  5. MPWMD -- Seaside Basin Aquifer Storage and Recovery Project (This is a presentation.  However, action will be taken on under Item 17)

 

 

GENERAL MANAGER’S REPORT

 

8.

Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10

 

 

ATTORNEY’S REPORT

 

9.

Report on 5:30 PM Closed Session

 

 

DIRECTORS’ REPORTS

 

10.

Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations

 

 

PUBLIC HEARINGS

 

11.

Consider Appeal of Hearing Officer’s Determination – Bardis Water Distribution System – APN 169-181-051 (Continued from January 27, 2005 Board Meeting)

Action:  This item is continued from the January 27, 2005 Board meeting.  The Board will consider an Appeal submitted by Christo Bardis requesting a change to the production limit for potable residential/landscape use that was approved by the Staff Hearing Officer on November 24, 2004 for the creation of the Bardis Water Distribution System.  Bardis requests that a larger amount be approved for the residential component of the system.  Public comment will be received on this item.

PowerPoint presentation materials

 

 

 

 

12.

Consider Second Reading and Adoption 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 Rationing Plan

Action:  The Board will consider adoption of an ordinance that clarifies and amends the District’s Expanded Conservation and Standby Rationing Plan.  Public comment will be received on this item.

PowerPoint presentation materials

 

 

13.

Consider Second Reading and Adoption 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 adoption of an ordinance that amends fees charged in the Water Demand Division.  Public comment will be received on this item.

PowerPoint presentation materials

 

 

14.

Consider Adoption of April through June 2005 Quarterly Water Supply Strategy and Budget

Action:  The Board will consider approval of a proposed production strategy for the California American Water Distribution System for the three-month period of April through June 2005.  The strategy sets monthly goals for surface and ground water production from various sources within the California American Water system.  Public comment will be received on this item.

PowerPoint presentation materials

 

 

15.

Receive Public Comment on Draft 2004 MPWMD Annual Report

Action:  The District’s enabling legislation requires that in March of each year a public hearing be conducted on the annual report.  Public comment will be received on this item.

PowerPoint presentation materials

 

 

ACTION ITEMS

 

16.

Provide Policy Direction for EIR on MPWMD Aquifer Storage and Recovery Project

Action:  The Board will provide policy direction on the scope of study for the Environmental Impact Report (EIR) on the District’s aquifer storage and recovery (ASR) project, based on comments received on an EIR Notice of Preparation circulated in December 2004.  Public comment will be received on this item.

PowerPoint presentation materials

 

 

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.

Monthly Water Supply Status Report

 

 

ADJOURNMENT

 

 

Upcoming Board Meetings

 

March 31, 2005

Special Board Meeting

7 PM

Board Room – MRWPCA Office

 

April 5, 2005

Board Closed Session

12:30 PM

MPWMD Conference Room

 

April 18, 2005

Regular Board Meeting

7 PM

Board Room – MPWMD Office

 

May 3, 2005

Board Workshop – FY 2005-2006 Budget

7 PM

Board Room – MPWMD Office

 

May 16, 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 Friday, March 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\Agendas\Yr2005\Board\20050321.doc