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.

AGENDA Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** October 17, 2005 5:30 PM – Closed Session District Conference Room, 5 Harris Court, Bldg. 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, October 14, 2005. The 7 PM Meeting will be televised on Comcast Channels 25 & 28. See broadcast schedule on page 3.
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 Comment – Members of the public may address the Board on the item or items listed on the Closed Session agenda.
2.	Adjourn to Closed Session
3.	Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
	A.	Application of California American Water Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project
	B.	Application of California American Water Company to the Public Utilities Commission Application No. 05-02-012 – General Rate Case
	C.	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
	D.	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
	E.	California-American Water Company v. City of Seaside et. al., Monterey County Superior Court Case No. M66343
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 Wednesday, October 12, 2005. Staff reports regarding these agenda items will be available for public review on Thursday, October 13, 2005 through Monday, October 17, 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 November 21, 2005.
	F.	Monterey Peninsula Taxpayer’s Association v. MPWMD; Monterey County Superior Court Case No. M76435
4.	Conference with Labor Negotiators – (Gov. Code 54957.6) Agency Designated Representatives: Rick Dickhaut, Cynthia Schmidlin, Ellen Aldrich
	General Staff Bargaining Unit: Laborer’s International Union of North America, AFL-CIO, (LIUNA/UPEC) Local 270
5.	Public Employee Performance Evaluation (Gov. Code 54957) – General Manager
6.	Adjourn to 7 PM Session
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 September 8, 2005 Strategic Planning Workshop and September 19, 2005 Regular Board Meeting
2.	Consider Adoption of Resolution No. 2005-09 Electing to Participate in the California Public Employees’ Retirement System Pre-Tax Deduction Plan for Service Credit Purchases
3.	Receive and File Report on Fourth Quarter Financial Activity for Fiscal Year 2004-05
	PowerPoint Presentation shown at 10/17/05 meeting
4.	Adopt Treasurer’s Report for the Month of June 2005
PRESENTATIONS
5.	Present Service Awards to MPWMD Staff
6.	Water Supply Project Alternatives Update					PowerPoint Presentation shown at 10/17/05 meeting
GENERAL MANAGER’S REPORT
7.	Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
	PowerPoint Presentation shown at 10/17/05 meeting
8.	Outline of MPWMD Presentation for State Water Resources Control Board Workshop on Carmel, Pajaro and Salinas Rivers Water Rights and Water Supply Status, October 26, 2005, 10:00 AM, Salinas Community Center
	PowerPoint Presentation shown at 10/17/05 meeting
ATTORNEY’S REPORT
9.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS
10.	Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations
PUBLIC HEARINGS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
11.	Consider Appeal of District Staff’s Decision that Rule 24-G, Special Circumstances, Do Not Apply to Storage Pro Self Storage Facility (Mirabito), APNs: 169-131-002 & 003
	Action: The Board will consider an appeal of a staff decision to use the District’s commercial water factor for self-storage uses for a proposed self-storage facility in Carmel Valley. The applicant contends that the factor does not accurately reflect the water demand anticipated for the facility. This item is continued from the August 15, 2005 Board meeting per the request of the applicant.
	PowerPoint Presentation shown at 10/17/05 meeting
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
12.	Consider Hearing Officer’s Findings and Recommendations on Grievance Appeal of Laborer’s International Union of North America Local 270
	Action: Board-appointed Hearing Officer, Peter Lujan, of the California State Mediation and Conciliation Services, has submitted his findings, conclusion and decision, regarding an appeal of the General Manager’s grievance decision concerning interpretation of the Health Benefits Section of the General Staff Unit Memorandum of Understanding. The Board shall either adopt the Hearing Officer’s decision, or reject his recommendations and adopt its own findings, conclusions and decision after a review of the record. By this process, the Board shall affirm, modify or reverse the decision of the General Manager. This item was continued from the September 19, 2005 Board meeting.
13.	Review and Consider Adoption of 2005-2006 MPWMD Strategic Plan A. Adopt 2005-2006 MPWMD Strategic Plan B. Review and Consider Approval of Timeline for Conducting Board Workshops
	Action: The Board will consider adoption of the Strategic Plan developed at the September 8, 2005 workshop. The Strategic Plan includes Mission and Vision Statements and a list of priorities for the District. The Board will also consider approval of a timeline for conducting a series of public workshops.
	PowerPoint Presentation shown at 10/17/05 meeting
14.	Update on Status of Discussion re Regional Urban Water Supply Governance Proposal
	Action: The District Board will receive and discuss a report from the General Manager regarding the purpose, function and structure of a Regional Urban Water Supply joint-entities Policy Board formation proposal, which is being drafted by the County Water Resource Agency manager in collaboration with managers of MPWMD, other water districts, and cities on the Monterey Peninsula and in North County. General direction may be given to staff but the Board will take no formal action.
	PowerPoint Presentation shown at 10/17/05 meeting
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.
15.	Letters Received			Supplemental Letter Packet
16.	Committee Reports
17.	Carmel River Fishery Report
18.	Water Conservation Program Report
19.	Monthly Allocation Report
20.	Monthly California American Water Company Production Report
21.	Monthly Water Supply Status Report
22.	Quarterly Water Supply Project Status Report
23.	Quarterly Irrigation Program and Riparian Projects Report
24.	Quarterly Carmel River Erosion Protection and Restoration Projects Report
25.	Quarterly Water Use Credit Transfer Status Report
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channels 25 and 28
Monday, Oct. 17 at 7 PM – Channel 25 & 28					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Tuesday, Oct. 18 & 25, and Nov. 1, 8 & 15 at 1 PM – Channel 28					Carmel, Carmel Valley, Pacific Grove, Pebble Beach
Friday, Oct. 21 & 28, and Nov. 4, 11 & 18 at 7 PM – Channel 25 & 28					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach, Sand City, Seaside
Monday, Oct. 24 & 31, and Nov. 7 & 14 at 9 PM – Channel 25					Del Rey Oaks, Monterey, Sand City and Seaside
Upcoming Board Meetings
November 21, 2005			Regular Board Meeting				7:00 PM	MRWPCA Board Room
December 12, 2005			Regular Board Meeting				7:00 PM	MRWPCA Board Room

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 Thursday, October 13, 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.

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