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 ****************** February 23, 2006 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, February 24, 2006. The 7 PM Meeting will be televised on Comcast Channels 25 and 28. Refer to 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 Michelle Knight, Chair – Division 4 Judi Lehman, Vice Chair – Division 2 Alvin Edwards – Division 1 Kristi Markey – Division 3 Larry Foy – Division 5 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 Thursday, February 16, 2006. Staff reports regarding these agenda items will be available for public review on Friday, February 17, 2006 through Thursday, February 23, 2006 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 20, 2006.
	F.	Application of MPWMD to the California State Water Resources Control Board: Application No. 11674B, Permit No. 7130b
	G.	Application of MPWMD to the California State Water Resources Control Board: Application No. 27614, Permit No. 20808
4.	Adjourn to 7 PM Regular Board Meeting
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 from the January 25, 2006 Board Workshop and January 26, 2006 Regular Board Meeting
2.	Consider Response to 2005 Monterey County Grand Jury Report
3.	Consider Approval of Second Quarter Fiscal Year 2005-06 Investment Report
4.	Review and Accept Independent Audit Report for Fiscal Year 2004-2005
5.	Consider Adoption of Memorandum of Understanding between the MPWMD and the California Urban Water Conservation Council
6.	Consider Amendment to General Manager Employment Agreement
7.	Consider Expenditure of Budgeted Funds for 2005 MPWMD Annual Report
8.	Consider Adoption of Treasurer’s Report for December 2005
PRESENTATIONS
9.	Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
10.	Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
ATTORNEY’S REPORT
11.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS
12.	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.
13.	Consider Appeal of Staff Decision Regarding Classification of Dormitory Water Use – Robert Louis Stevenson School (APN 008-022-003, 008-022-012, 008-022-020, 008-022-021, 008-022-023, 008-022-033, 008-031-002, 008-031-013, 008-532-008, 008-532-009, 008-532-010) Action: The Board will consider an appeal of a staff decision that dormitory water use is a commercial use because the water use factor is located on Table II of Rule 24, Commercial Water Use Factors.  The Board will consider characterizing dormitory water use as residential water use despite use of the water use factor shown on Table II. This item was continued from the January 26, 2006 Board meeting.
	Presentation Materials
14.	Consider Adoption of Fiscal 2005-2006 Mid-Year 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.
	Presentation Materials
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
15.	Consider Approval of Aquifer Storage and Recovery Management and Operations Agreement between MPWMD and California American Water Action: The Board will consider approval of the proposed agreement that clarifies joint efforts and cooperation between the MPWMD and Cal-Am to facilitate present and future aquifer storage and recovery project operations.
	Presentation Materials
16.	Consider Supplemental Appropriation and Authorization to Contract with Bookman-Edmonston/GEI Consultants to Prepare Comparison of Desalination Project Costs and Timelines Action: The Board will consider staff’s recommendation regarding a needed supplemental appropriation, and contracting with an engineering consulting firm to evaluate estimated project costs and timelines for three proposed seawater desalination projects: the Coastal Water Project proposed by California American Water, the Monterey Bay Regional Desalination Project proposed by the Pajaro/Sunny Mesa Community Services District, and the 7.5 million-gallon-per-day desalination project in Sand City most recently evaluated by MPWMD in 2003 and early 2004. This item is continued from the January 26, 2006 Board meeting.
	Presentation Materials
17.	Designation of MPWMD Representative to Seaside Groundwater Basin Watermaster; Authorization to Submit MPWMD Proposal for Technical, Administrative and Financial Management Support Services to Watermaster Action: The purpose of this item is for the Board to consider and act on appointment of a representative to the Watermaster, in order to implement the Tentative Decision in the recent Seaside Groundwater Basin Adjudication lawsuit. The Board also is being asked to authorize negotiation of an agreement to provide expert technical and financial/administrative support services to the Watermaster.
	Presentation Materials
18.	Consider Concept Ordinance that Changes District Rule 20-C to Exempt that Portion of Former Fort Ord within the MPWMD Boundary from Water Distribution System Permit Requirements, and Consider Need for Emergency Intertie Between Cal Am and Other Systems Action: The Board will consider a concept ordinance that exempts water systems serving areas of the Former Fort Ord within the District from MPWMD Water Distribution System regulations so long as the water sources are not derived from the Seaside or Carmel River Basins.  The Board will also consider a District and county staff proposal to initiate discussions with water purveyors regarding creation of emergency interties between the California American, Seaside Municipal, and Marina Coast Water District systems.
	Presentation Materials
19.	Consider Rejection of Sole Bid and Authorization for Staff to Negotiate with Bidder for Design and Installation of Audio and Video Equipment in the District’s Conference Room Action: The Board will consider rejection of a sole bid and authorization for staff to negotiate with bidder to design and install audio and video equipment in the District Conference room. The Board will also consider an expenditure of budgeted and supplemental funds to pay for the design and installation of audio and video equipment, and to purchase other furnishings and equipment to upgrade the room to facilitate its use for televised Board meetings.
	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.
20.	Letters Received			Supplemental Letter Packet
21.	Committee Reports
22.	Strategic Planning Initiatives Progress Report
23.	Carmel River Fishery Report
24.	Water Conservation Program Report
25.	Monthly Allocation Report
26.	Monthly California American Water Production Report
27.	Monthly Water Supply Status Report
28.	Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project
29.	Semi-Annual Groundwater Quality Monitoring Report
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channels 25 and 28
Friday, Feb. 24, Mar. 3, 10, 17 at 7 PM – Channels 25 and 28							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach, Sand City, Seaside
Monday, Feb. 27, Mar. 6, & 13 at 7 PM – Channel 28							Carmel, Carmel Valley, Pacific Grove, Pebble Beach
Monday, Feb. 27, Mar. 6 & 13 at 9 PM – Channel 25							Del Rey Oaks, Monterey, Sand City, Seaside
Tuesday, Feb 28, Mar. 7 & 14 at 1 PM – Channel 28							Carmel, Carmel Valley, Pacific Grove, Pebble Beach
Upcoming Board Meetings
March 20, 2006			Regular Board Meeting					7 PM	MRWPCA Boardroom
March 23, 2006			Board Workshop – Part A, Water Needs Analysis					7 PM	MRWPCA Boardroom
April 17, 2006			Regular Board Meeting					7 PM	MRWPCA Boardroom
May 15, 2006			Regular Board Meeting					7 PM	MRWPCA Boardroom
May 18, 2006			Board Workshop – Part B Water Needs Analysis					7 PM	MRWPCA Boardroom
May 25, 2006			Board Workshop – Water Supply Augmentation Alternatives					7 PM	MRWPCA Boardroom
June 22, 2006			Regular Board Meeting					7 PM	MRWPCA Boardroom
June 29, 2006			Board Workshop – Water Projects Cost and Timeline Analysis					7 PM	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 Monday, February 20, 2006. 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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