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.

 

 

 

 

 

 

AGENDA

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

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

June 20, 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, June 17, 2005.

The 7 PM Meeting will be televised on Comcast Channel 25.  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

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 – Felton Consolidation

 

 

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 Wednesday, June 15, 2005.  Staff reports regarding these agenda items will be available for public review on Thursday, June 16, 2005, through Monday, June 20, 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 July 18, 2005.

 

4.

Conference with Legal Counsel – Anticipated Litigation

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One Case, AT&T Claim

 

 

 

 

5.

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 May 3, 2005 Special Meeting/Board Workshop; May 16, 2005 Regular Board Meeting and Special Meeting/Board Workshop of May 26, 2005

 

2.*

Consider Adoption of Resolution 2005-03 Calling for Board Member Elections on November 8, 2005 within Voter Divisions 1 and 2, and Authorize Expenditure of Funds to Conduct the Election

 

3.

Consider Approval of Memorandum of Agreement between the Monterey Peninsula Water Management District and the California Department of Fish and Game for Operation of the Sleepy Hollow Steelhead Rearing Facility

 

4.

Consider Approval of Memorandum of Agreement between the Monterey Peninsula Water Management District and the Carmel River Steelhead Association

 

5.*

Consider Authorization of Funds to Contract for Limited-Term Field Positions

 

6.

Consider Ratification of Appointments to the Carmel River Advisory Committee

 

7.

Receive and Determine Process for Hearing Appeal of Grievance Decision Regarding Interpretation of General Staff Bargaining Unit Memorandum of Understanding

 

8.*

Consider Adoption of Article XIII(B) 2005-2006 Fiscal Year Appropriations Limit

 

9.

Adopt Treasurer’s Report for the Month of March 2005

 

10.

Adopt Treasurer’s Report for the Month of April 2005

 

              *These 2005/06 budget-related items may be removed from the Consent Calendar, and acted on after adoption of the 2005/06 Budget (agenda item 17).

 

 

 

 

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

 

 

 

 

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 Adoption of Proposed FY 2005-2006 MPWMD Budget

Action:  The Board will consider adoption of the Fiscal Year 2005-2006 MPWMD Budget.  Public comment will be received on this item.

 

 

 

 

16.

Consider Adoption of July through September 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 July through September 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 comments to three (3) minutes per item.

 

17.

Consider A Request to Place a Measure on the November 8, 2005 Ballot Regarding Public Acquisition of the California American Water Distribution System, Coastal Division, Monterey District

Action:  The Board will discuss whether or not to place one or more measures on the November 8, 2005 ballot regarding public acquisition of the Monterey District of California American Water (Cal-Am).  The Board will consider two potential ballot measure concepts submitted by Director Alvin Edwards that focus on investigating the cost and process to acquire Cal-Am. 

 

 

 

 

18.

Consider Adoption of Resolution 2005-04 in Support of Filing Proposition 50 Implementation Grant Application

Action:  The Board will consider adoption of Resolution 2005-04 authorizing staff to apply for implementation grant funding under Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002.

 

 

 

 

19.

Consider Proposed Agreement with California American Water Regarding Management and Operation of Seaside Basin Aquifer Storage and Recovery Facilities

Action: The Board will consider approval of the proposed MOA that clarifies joint efforts and cooperation between the MPWMD and California American Water to facilitate present and future aquifer storage and recovery project operations.

 

 

 

 

20.

Legislative Committee Report on AB 1421

Action:  The Board’s Legislative Committee (Directors Lehman, Pendergrass and Potter) will provide an oral report on the status of AB 1421.  As introduced, AP 1421 would require that 750 acre-feet per year of any State-approved or funded project providing water within the District, be allocated to new affordable housing as specified in the respective general plans of the County and cities within the District’s boundaries.

 

 

 

 

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 (3) minutes.

 

21.

Letters Received

Letter Packet

 

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

 

 

 

 

June 20, 2005 Board Meeting Broadcast Schedule -- Comcast Channel 25

 

Monday, June 20 at 7 PM

Del Rey Oaks, Monterey, Sand City, Seaside

 

Monday, June 27 and July 4 & 11 at 7 PM

Carmel, Carmel Valley, Pacific Grove, Pebble Beach

 

Monday, June 27 and July 4 & 11 at 9 PM

Del Rey Oaks, Monterey, Sand City, Seaside

 

Tuesday, June 21 & 28 and July 5 & 12 at 1 PM

Carmel, Carmel Valley, Pacific Grove, Pebble Beach

 

Friday, June 24, July 1, 8 & 15 at 7 PM

Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach, Sand City, Seaside

 

 

 

 

Upcoming Board Meetings

 

July 18, 2005

Regular Board Meeting

7:00 PM

To be announced

 

August 15, 2005

Regular Board Meeting

7:00 PM

To be announced

 

August 25, 2005

Special Meeting/Board Workshop

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, June 17, 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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