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 (as of 11/7/05) Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** November 21, 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, November 18, 2005. The 7 PM Meeting will be televised on Comcast Channels 25 & 28. Refer to broadcast schedule on page 4.
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 ______________. Staff reports regarding these agenda items will be available for public review on Thursday, November 17, 2005, through Monday, November 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 Monday, December 12, 2005.
	F.	Monterey Peninsula Taxpayers’ 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 and Management Staff Bargaining Units: Laborer’s International Union of North America, AFL-CIO, (LIUNA/UPEC) Local 270
5.	Public Employees 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 August 25, 2005 Town Hall Meeting and October 17, 2005 Regular Board Meeting
2.	Adopt Board Meeting Schedule for 2006
3.	Authorize Expenditure of Budgeted Funds to Conduct Water Year 2006 Seaside Basin Aquifer Storage and Recovery Testing Program
4.	Receive and Approve List of Dates for Board Workshops on: Governance Structure for Regional Urban Water Supply Project; Aquifer Storage and Recovery; Water Needs Analysis – Existing Setting and Demand; Water Needs Analysis – Future Demand at Buildout; Water Augmentation Alternatives; Water Project Cost and Timeline Analysis
5.	Consider Adoption of Resolution 2005-10 – Amending Rule 24 D Commercial Water Use Factor (Table 2,Group 3, Self-Storage)
6.	Consider Adoption of Amendment to MPWMD Meeting Rule No. 6 – Board Spokesperson
7.	Consider Appointment of Director Lehman as Voting Delegate to November 2005 ACWA Conference
8.	Consider Approval of First Quarter FY 2005-06 Investment Report
9.	Consider Adoption of Treasurer’s Report for July 2005
10.	Consider Adoption of Treasurer’s Report for August 2005
PRESENTATIONS
11.	Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
12.	Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10
ATTORNEY’S REPORT
13.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS
14.	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.
15.	Consider Application to Amend Goodrich Line Water Distribution System (Potrero Subdivision) and Consider Variance to Rule 22; Application No. 20050413SLC, APN 239-102-001 Etc. Action: The Board will consider approval of a water distribution system from sources outside of the District to serve a portion of a new subdivision that exists within the District.  The Board will also consider a variance request from the applicant asking that a limit not be set on the amount of water imported into the District to serve the affected properties.
16.	Consider Appeal of Staff Decision Regarding Classification of Dormitories – Robert Louis Stevenson Upper School (APN 008-022-003) Action: The Board will consider an appeal of a staff decision to classify a dorm as a commercial use.  The applicant contends that the dorm should be classified as residential use for purposes of enabling use of the Pebble Beach Entitlement water for remodeling.
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
17.	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 and October 17, 2005 Board meetings.
18.	Receive Update on Agreement with California American Water Regarding Management and Operation of Seaside Basin Aquifer Storage and Recovery Facilities Action: 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.
19.	Discuss Board Options in the Event Agreement is not Reached with California American Water on the Aquifer Storage and Recovery Project Memorandum of Agreement, Including Becoming a Licensed Water Distributor Action: The Board will review and discuss options for moving forward with the Seaside Basin Aquifer Storage and Recovery (ASR) program in the event that an ASR management and operations agreement is not reached with California American Water.
20.	Set Date for Receipt of Oral Public Comments on the Draft EIR on the Phase 1 Aquifer Storage and Recovery Project and Determine Whether or Not to Conduct a Workshop Action: The Draft EIR for the District's Phase 1 aquifer storage and recovery (ASR) project is scheduled for release in late November or early December 2005 for a public review period of at least 45 days.  A public hearing to receive oral comments is required by CEQA; educational workshop(s) on the project during the comment period are optional.   The Board will determine the length of the comment period, set a date for the public hearing and determine whether workshop(s) should be held.
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.
21.	Letters Received
22.	Committee Reports
23.	Strategic Planning Initiatives Progress Report
24.	Carmel River Fishery Report
25.	Water Conservation Program Report
26.	Monthly Allocation Report
27.	Monthly California-American Water Company Production Report
28.	Monthly Water Supply Status Report
ADJOURNMENT IN MEMORY OF FORMER DIRECTOR WILLIAM “WOODY” WOODWORTH
Board Meeting Broadcast Schedule – Comcast Channel 25 and 28
Monday, Nov. 21 at 7 PM -- Channel 25 & 28					Carmel, Carmel Valley, Del Rey Oaks, Monterey Pacific Grove, Pebble Beach, Sand City, Seaside
Monday, Nov. 28 & Dec. 5 at 9 PM – Channel 25					Del Rey Oaks, Monterey, Sand City and Seaside
Tuesday, Nov. 22 & 29, Dec. 6 at 1 PM – Channel 28					Carmel, Carmel Valley, Pacific Grove, Pebble Beach
Friday, Nov. 25 and Dec. 2 & 9 at 7 PM – Channel 25 and 28					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Upcoming Board Meetings
December 12, 2005			Regular Board Meeting			7:00 PM	MRWPCA Conference Room
January 26, 2006			Regular Board Meeting			7:00 PM	To Be Announced
February 23, 2006			Regular Board Meeting			7:00 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 Friday, November 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.

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