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

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

***********

December 15, 2003

Special Meeting – 4:45 PM

Closed Session – 5 PM

Regular Meeting -- 7 PM

MPWMD Conference Room

5 Harris Court, Building G, Ryan Ranch Office Park, Monterey, CA

 

4:45 PM Special Meeting

 

CALL TO ORDER/ROLL CALL

 

PLEDGE OF ALLEGIANCE

 

ADMINISTER OATH OF OFFICE TO KRISTI MARKEY, DIVISION 3; MICHELLE KNIGHT, DIVISION 4; AND LARRY FOY, DIVISION 5

 

ORAL COMMUNICATIONS

 

ADJOURN TO 5 PM CLOSED SESSION

 

5 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 Employment (Gov. Code Section 54957)

A.       General Manager

 

2.             Conference with Labor Negotiators (Gov. Code Section 54957.6) 

MPWMD Designated Representatives:  General Manager & General Counsel

Employee Organizations:  General Employees; Management Employees; Confidential Employees

 

3.                    Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9)

A.       Seaside v. MPWMD – Monterey County Superior Court, Case No. M59441

B.       Cal-Am v City of Seaside et al – Monterey County Superior Court, Case No. M66343

 

4.                    Conference with Legal Counsel -- Anticipated Litigation – Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9: One Case

 

5.                    Adjourn to 7 PM Regular Board Meeting

 

7 PM Regular Meeting

 

CALL TO ORDER/ROLL CALL

 

PLEDGE OF ALLEGIANCE

 

ADMINISTER OATH OF OFFICE TO KRISTI MARKEY, DIVISION 3; MICHELLE KNIGHT, DIVISION 4; AND LARRY FOY, DIVISION 5

 

ORAL COMMUNICATIONS   Anyone wishing to address the Board on Consent Calendar, Informational Items, Staff Reports or matters not listed on the agenda may do so during Oral Communications.  Please limit your comment to three minutes.  The public may comment on  Action and Public Hearing items at the time they are considered by the Board.

 

BOARD COMMENTS AND REFERRALS

 

CONSENT CALENDAR

1.                    Consider Approval of Minutes of the Regular Board Meeting of November 17, 2003 and the Special Board Meeting of November 24, 2003

2.                    Approve Amendment to Contract with IDIAS Consulting to Assist with Water Distribution System Permit Processing

3.                    Authorize Funds for 2004 Seaside Basin Injection Testing Program

4.                    Consider Contribution to California Special Districts Association LOCAL Effort

5.                    Consider Funding for Staff Security and Safety Training

6.                    Receive Independent Auditors’ Report for Fiscal Year 2002-2003

7.                    Consider Approval of First Quarter Investment Report

8.                    Consider Adoption of Findings of Approval for Appeal of General Manager’s Decision to Deny a Water Use Credit for an Outdoor Spa Pursuant to MPWMD Resolution 2001-09 – Gregory Hanlon, 672 Van Buren Circle, Monterey – APN 001-511-018--This item has been taken off the Consent Agenda.  Please see Action Item 17-B-1.

9.                    Consider Approval of Contract with Labor Negotiator

10.                 Consider Adoption of Treasurer’s Report for October 2003

 

PRESENTATIONS

11.           Geographic Information System Program Update

 

GENERAL MANAGER’S REPORT

 

PUBLIC HEARING

12.                Consider Adoption of January through March 2004 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 January through March 2004.  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.

 

ACTION ITEMS

13.                A.            Request by Director Edwards to Reconsider November 24, 2003 Action to Adopt the Second Reading Version of Ordinance No. 109 – Financing and Expansion of the Carmel Area Wastewater District (CAWD)/Pebble Beach Community Services District (PBCSD) Recycled Water Project

Action:  The Board approved Ordinance No. 109 on second reading on November 24, 2003.  Approval of a motion to reconsider the second reading under Meeting Rule 23 will render action taken on November 24, null and void.  A new Board decision would than be made respecting the second reading of Ordinance No. 109.  If a motion to reconsider is not passed by a Board majority, Ordinance No. 109 remains in effect.  Public comment will be received on this item.

 

B.                   Provide Direction on Process for Reconsideration of Ordinance No. 109

Action:  If the Board does take action under item 10.A to reconsider adoption of Ordinance No. 109, direction will be given regarding the process to be followed.  Public comment will be received on this item.

 

14.                Consider Approval of Schedule, Brochure and Advertisement for Recruitment of General Manager

Action:  The Board will consider approval of a schedule of activities, a brochure, and other advertisement material relating to recruitment of the General Manager with assistance from the District’s consultant.  Public comment will be received on this item.

 

15.                Consider New Board Meeting Location

Action:   District staff will present a list of suggested Board meeting locations.  The Directors will provide direction as to the preferred location for future Board meetings.  Public comment will be received on this item.

 

16.                Discussion of Director Potter’s Concern Regarding Pulled Consent Calendar Items

Action:  The Directors will discuss an issue raised by Director Potter at the July 21, 2003 meeting, that the Board consider formulation of a policy statement stipulating that items pulled from the Consent agenda be heard immediately following approval of the Consent agenda.  Public comment will be received on this item.

 

17.                Water Demand Management

A.    Discuss Director Pendergrass’ Request for Clarification of October 23, 2003 Letter to the Jurisdictions Regarding Implementation of Ordinance No. 98 as it Applies to Master Bathroom Additions

Action:   The Board will discuss a request from Director Pendergrass that the entire Board consider implementation of new rules established at the June 24, 2003 Water Demand Committee regarding the installation of bathrooms under Ordinance No. 98.  Public comment will be received on this item.

B-1 Consider Findings of Approval for Appeal of General Manager’s Decision to Deny a Water Use Credit for an Outdoor Spa Pursuant to MPWMD Resolution 2001-09 – Gregory Hanlon, 672 Van Buren Circle, Monterey

B-2 Provide Direction to Staff on Processing Similar Requests for Credit

Action:  The Board will consider draft Findings of Approval for an appeal that the Board granted on November 24, 2003.  The Board will also consider and address the consequences that will result from granting a precedent setting appeal.  Staff will be provided with direction on implementing the changes in the water credit process.  Public comment will be received on items B-1 and B-2.

 

18.                Receive Draft EIR on MPWMD Water Supply Project/Schedule Public Hearing

Action:  The Board will consider receipt of the Draft Environmental Impact Report (EIR) on the MPWMD Water Supply Project, defined as a desalination facility in the Sand City area designed to produce 8,400 acre-feet per year.  If the document is received, the Board will set dates for public workshops on the EIR as well as a public hearing to receive oral comments.  Public comment will be received on this item.

 

19.                Consider Nominations for Board Chair and Vice-Chair for 2004 and Conduct Elections for Board Officers

Action:  The Directors will nominate candidates for the positions of Board Chair, Vice-Chair, Secretary and Treasurer and conduct elections for those Board offices.  Public comment will be received on this item.

 

INFORMATIONAL ITEMS

20.                Letters Received

21.                Committee Reports

22.                Strategic Planning Initiatives Progress Report

23.                Report on First Quarter Financial Activity for Fiscal Year 2003-2004

24.                Water Supply Project Status Report

25.                Carmel River Fishery Report

26.                Water Conservation Program Report

27.                Water Use Credit Transfer Status Report

28.                Monthly Allocation Report

29.                Monthly Cal-Am Sales Report

30.                Monthly Cal-Am Production Report

31.                Production Report – CAWD/PBCSD Wastewater Reclamation Project

32.                Monthly Water Supply Status Report

 

ADJOURNMENT

 

 

This agenda is subject to revision and may be amended prior to the scheduled meeting.  A final agenda will be posted at the District office at 5 Harris Court, Monterey, 72 hours prior to the meeting, and copies will be available at the Board meeting.  Staff notes regarding these agenda items will be available for public review on Thursday, December 11, 2003 through Monday, December 15, 2003 at the District office and at the Carmel, Carmel Valley, Monterey, Pacific Grove and Seaside libraries.  Staff notes can also be viewed after 5 PM on December 12 at the District’s web site www.mpwmd.dst.ca.us.  The next regular meeting of the Board of Directors is scheduled for January 29, 2004. 

 

  

Board of Directors

Judi Lehman, Vice Chair - Division 2

Alvin Edwards B Division 1

Kristi Markey - Division 3

Michelle Knight - Division 4

Larry Foy – Division 5

David Pendergrass - Mayoral Representative

David Potter B Monterey County Board of Supervisors

 

General Manager

Fran Farina

 

 

 

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