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.
Board of Directors
Monterey Peninsula Water Management District
December 15, 2003
Special Meeting – 4:45 PM
Closed Session – 5 PM
Regular Meeting -- 7 PM
5 Harris Court, Building G, Ryan Ranch Office Park, Monterey, CA
4:45 PM Special Meeting
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)
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
ADMINISTER OATH OF OFFICE TO KRISTI MARKEY, DIVISION 3; MICHELLE KNIGHT, DIVISION 4; AND LARRY FOY, DIVISION 5
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.
11. Geographic Information System Program Update
GENERAL MANAGER’S REPORT
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.
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.
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.
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.
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
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
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.
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.
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.
20. Letters Received
12/10/03 11:50 AM