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.

 

 

 

 

 

 

Supplement Letter Packet

 

 

AGENDA

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

******************

February 24, 2005

5:30 PM – Closed Session

District Conference Room, 5 Harris Court, Suite 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, Feb. 18, 2005.

The 7 PM Meeting will be televised on Channel 25 and Replayed on 2/25 and 3/4 at 7 PM, and

 on 2/28 and 3/7 at 9 PM.  (Replay in Monterey, Del Rey Oaks, Seaside and Sand City only.)

 

 

 

 

 

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.

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

 

 

A

California-American Water Company v. City of Seaside et. al., Monterey County Superior Court Case No. M66343

 

 

B.

Application of California-American Water Company to the Public Utilities Commission, Application No. 04-08-012, Consolidate Rates for Monterey and Felton Districts

 

 

C.

Application of California-American Water Company (U 210 W) Pursuant to D. 04-07-035 Deferring Request for an Immediate Moratorium in its Monterey Division

 

 

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

 

2.

Public Employee Performance Evaluation (Gov. Code 54957) – District Counsel

 

3.

Adjourn to 7 PM Session

 

 

 

 

 

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 February 17, 2005.  Staff reports regarding these agenda items will be available for public review on Thursday, February 17, through Thursday, February 24, 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 March 21, 2005.

 

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 January 19, 2005 Board Workshop on 2005-2006 Fiscal Year Budget Planning and the January 27, 2005 Regular Meeting of the Board

 

2.

Approve Amendment to Agreement for Sale of Recycled Water between MPWMD and Robert Louis Stevenson School

 

3.

Approve Deed Restriction Template 3.7, Notice of Removal of Deed Restrictions

 

4.

Approve Revisions to Deed Restriction Implementation Guidelines

 

5.

Receive Scoping Report Summarizing Comments on Notice of Preparation for EIR on MPWMD Aquifer Storage and Recovery Project

 

 

 

 

PRESENTATIONS

 

6.

Water Supply Project Alternatives Update

 

 

 

 

GENERAL MANAGER’S REPORT

 

7.

Status Report on California-American Water Compliance with State Water Resources Control Board Order 95-10

 

 

 

 

ATTORNEY’S REPORT

 

8.

Report on 5:30 PM Closed Session

 

 

 

 

DIRECTORS’ REPORTS

 

9.

Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations

 

 

 

 

PUBLIC HEARINGS

 

10.

Consider Appeal by Las Villas Nogales Home Owners’ Association of Staff Determination Regarding Denial of Water Use Credits on Adjacent Properties – Continued from December 13, 2004 Board Meeting

Action: The Board will consider as the basis for staff’s recommended denial of this appeal, the General Counsel’s opinion on the term “site” as used in District Rules and Regulations; and if the Board concurs, adopt Findings of Denial. Public comment will be received on this item.

 

 

December 13, 2004 Staff Presentation

 

 

 

 

11.

Consider Appeal of District Staff’s Decision to Deny a Water Permit Pursuant to MPWMD Rule 24-C, Special Fixture Unit Accounting – 902 Via Verde, Del Rey Oaks (APN 012-541-003)

Action: The Board will consider an appeal of a District staff decision to deny a Water Permit pursuant to MPWMD Rule 24--C, Special Fixture Unit Accounting.  Public comment will be received on this item.

 

 

Staff Presentation

 

 

 

 

12.

Consider Appeal of District Staff’s Decision to Deny a Water Permit Pursuant to MPWMD Rule 24-C, Special Fixture Unit Accounting – 167 Laurel Avenue, Pacific Grove (APN 006-247-005)

Action:  The Board will consider an appeal of the District staff decision to deny a Water Permit pursuant to MPWMD Rule 24--C, Special Fixture Unit Accounting.  Public comment will be received on this item.

 

 

Staff Presentation

 

 

 

 

13.

Consider Application to Create Cañada Woods Water Company Water Distribution System (Combining Cañada Woods and Monterra Ranch Systems); APN 169-011-004 et al (Tehama/Monterra)

Action:  The Board will consider an application by Cañada Woods Water Company to create a consolidated water distribution system that combines the existing Cañada Woods and Monterra Ranch Water Distribution Systems to serve the Tehama and Monterra Subdivision areas.  Two separate permits are envisioned: one for the potable supply and one for the non-potable/reclaimed water supply.  Public comment will be received on this item. 

 

 

 

 

14.

Consider First Reading of Ordinance No. 119 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending District Rules to Modify the Expanded Water Conservation and Standby Water Rationing Plan

Action:  The Board will consider the first reading of an ordinance that clarifies and amends the District’s Expanded Conservation and Standby Rationing Plan. Public comment will be received on this item.

 

 

Staff Presentation

 

 

 

 

15.

Consider First Reading of Ordinance No. 120 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Setting and Amending Administrative Fees for Various Services, Including Permit Processing, and Enabling Future Amendment of Fees by Board Resolution

Action:  The Board will consider the first reading of an ordinance that amends fees charged in the Water Demand Division.  Public comment will be received on this item.

 

 

Staff Presentation

 

 

 

 

16.

Consider Adoption of Mid-Year FY 2004-2005 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.  Public comment will be received on this item.

 

 

 

ACTION ITEMS – No Action Items are presented for Board consideration.

 

 

 

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.

 

17.

Letters Received

 

18.

Committee Reports

 

19.

Strategic Planning Initiatives Progress Report

 

20.

Carmel River Fishery Report

 

21.

Water Conservation Program Report

 

22.

Monthly Allocation Report

 

23.

Monthly California-American Water Company Production Report

 

24.

Semi-Annual Financial Report on the CAWD/PBCSD Recycled Water Project

 

25.

Monthly Water Supply Status Report

 

26.

Receive and File Semi-Annual Groundwater Quality Monitoring Report

 

 

 

ADJOURNMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

Upcoming Board Meetings

 

March 21, 2005

Regular Board Meeting

7 PM

Board Room – MRWPCA Office

 

March 31, 2005

Special Board Meeting

7 PM

Board Room – MRWPCA Office

 

April 18, 2005

Regular Board Meeting

7 PM

Board Room – MPWMD Office

 

 

 

 

 

 

 

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 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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