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.

DRAFT AGENDA (Current 9/1/05) Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** September 19, 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, September 16, 2005. The 7 PM Meeting will be televised on Comcast Channel 25. 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. 04-08-012 – Felton Consolidation
	B.	Application of California American Water Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project
	C.	Application of California American Water Company to the Public Utilities Commission Application No. 05-02-012 – General Rate Case
	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
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 ______________. Staff reports regarding these agenda items will be available for public review on Thursday, September 15, 2005 through Monday, September 19, 1005 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 October 17, 2005.
	F.	California-American Water Company v. City of Seaside et. al., Monterey County Superior Court Case No. M66343
4.	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 Regular Board Meeting of August 15, 2005
2.	Consider Expenditure of Budgeted Funds for Purchase of Digital Visual Presenter
3.	Consider Approval of Fourth Quarter 2004-05 Investment Report
PRESENTATIONS
4.	Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
5.	Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
ATTORNEY’S REPORT
6.	Report from District Counsel on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS
7.	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.
8.	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 factors do 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.
9.	Consider Application to Create Goodrich Line (Potrero Subdivision) Water Distribution System Action: The Board will consider an application to create the Goodrich Line water distribution system, which would serve a portion of the Potrero Subdivision previously approved by Monterey County.  Water from the Santa Lucia Community Services District would be imported into the District to serve 11 homes that are located within MPWMD boundaries
10.	Consider Adoption of October through December 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 October through December 2005. The strategy sets monthly goals for surface and ground water production from various sources within the California American water system.
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
11.	Review Status of Proposed Agreement with California American Water Regarding Management and Operation of Seaside Basin Aquifer Storage and Recovery Facilities Action: This item was requested by Vice Chair Markey, but due to her absence was continued from the August 15, 2005 Board meeting. The Board will review the status of the proposed Memorandum of Agreement that clarifies joint efforts and cooperation between the MPWMD and California American Water to facilitate present and future aquifer storage and recovery project operations.
12.	Consider Hearing Officer’s Findings and Recommendations on Grievance Appeal of Laborers’ 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.
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
18.	Monthly Allocation Report
19.	Monthly California-American Water Company Production Report
20.	Monthly Water Supply Status Report
21.	Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channel 25
Monday, Sept. 19 at 7 PM					Del Rey Oaks, Monterey, Sand City, Seaside
Tuesday, Sept. 20 & 27, Oct. 4 & 11 at 1 PM					Carmel, Carmel Valley, Pacific Grove, Pebble Beach
Friday, Sept. 23 & 30, Oct. 7 & 14 at 7 PM					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Monday, Sept. 26, Oct. 3 & 10 at 7 PM					Carmel, Carmel Valley, Pacific Grove, Pebble Beach
Monday, Sept. 26, Oct 3 & 10 at 9 PM					Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
Regular Board Meeting			October 17, 2005			7:00 PM	MRWPCA Board Room
Special Board Meeting			October 27, 2005			7:00 PM	MRWPCA Board Room
Regular Board Meeting			November 21, 2005			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 September 16, 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.