Please note:  Item 15 has been removed from the August 20 agenda at the request of the applicant.

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.


 

REVISED AGENDA

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

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

Monday, August 20, 2007

5:30 PM – Closed Session

Grill at Ryan Ranch, Cork Room, 1 Harris Court, Suite 103, Monterey, CA

7:00 PM – Regular Board Meeting

Conference Room, Monterey Peninsula Water Management District

5 Harris Court, Bldg G, 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/asd/board/boardpacket/2007/2007.htm
by 5 PM on Friday, August 17, 2007.

The 7 PM Meeting will be televised on Comcast Channel 25 & 28.  Refer to broadcast schedule on page 3.

 

 

 

 

 

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 California Public Utilities Commission -- Application No. 07-02-023 -- Allowance for Funds Used During Construction (AFUDC) for its San Clemente Dam Memorandum Account

 

 

C.

State Water Resources Control Board Permit No. 7130B

 

 

D.

State Water Resources Control Board Permit No. 20808

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of Directors

David Pendergrass, Chair – Mayoral Representative

Alvin Edwards, Vice Chair – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Michelle Knight – Division 4

Larry Foy – Division 5

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, August 15, 2007.  Staff reports regarding these agenda items will be available for public review on Thursday, August 16, through Monday, August 20, 2007 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 September 17, 2007.

 

 

 

 

 

E.

MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498

 

 

F.

MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499

 

 

 

 

 

4.

Public Employees Performance Evaluation (Gov. Code 54957) – General Manager

 

 

 

 

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 all other items at the time they are presented to the Board. 

 

 

 

 

 

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 separate consideration at the request of a member of the public, or a member of the Board.  Following adoption of the remaining Consent Calendar items, staff will give a brief presentation on the pulled item.  Members of the public are requested to limit individual comment on pulled Consent Items to three (3) minutes. 

 

1.

Consider Adoption of Minutes of the July 16, 2007 Regular Board Meeting

 

2.

Consider Extension of Cooperative Agreement with the United States Geological Survey (USGS) for Streamflow Gaging in Water Year 2008

 

3.

Consider Expenditure of Budgeted Funds To Conduct Survey of Carmel River Channel Profile and Cross-Sections

 

4.

Consider Adoption of Resolution 2007-13 – A Resolution of the Board of Directors of the Monterey Peninsula Water Management District Approving the Form of and Authorizing the Execution and Delivery of a Sixth Amended Joint Powers Agreement Relating to the California Special District Risk Management Authority

 

5.

Consider Approval of Fourth Quarter Investment Report

 

 

 

 

PRESENTATIONS

 

6.

Report from Bill Leahy and Donna Meyers of the Big Sur Land Trust on the Carmel River Parkway Plan

 

7.

Strategic Plan Update

 

8.

Water Supply Project Alternatives Update

 

9.

Update on Conservation Program from Catherine Bowie of California American Water and Stephanie Pintar of MPWMD

 

 

 

 

GENERAL MANAGER’S REPORT

 

10.

Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision

 

11.

Report on Emergency Procurement of 30 Horsepower Motor for the Cooling Tower at Sleepy Hollow Steelhead Rearing Facility

 

 

 

 

ATTORNEY’S REPORT

 

12.

Report on 5:30 PM Closed Session of the Board

 

 

 

DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)

 

13.

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.

 

 

 

 

14.

Consider Second Reading and Adoption of Ordinance No. 129 – An Ordinance of the Monterey Peninsula Water Management District Adding the Rebate Program to the Rules and Regulations of the District, Amending the Rebate Amounts, Excluding Areas within the District that Receive Water from Water Distribution Systems Not Regulated by the District from the Rebate Program, and Adding Rebates for Certain Water Saving Irrigation System Retrofits

Action: The Board will consider second reading and adoption of an ordinance that will add the rebate program to the Rules and Regulations; increase the level of most current rebates; and add rebates for certain outdoor irrigation retrofits.

 

 

Presentation Materials

 

 

 

 

ACTION ITEMSPublic comment will be received on each of these items.  Please limit your comment to three (3) minutes per item.

 

 

 

 

15.

Consider Request of Pebble Beach Company to Initiate an Ordinance to Expand the Geographic Area for Utilization of the Company’s Water Entitlement

Action:  The Board will discuss a July 27, 2007 request of Pebble Beach Company to initiate an ordinance to expand the geographic area for utilization of the Company’s water entitlement.  Direction is expected to be provided to staff and legal counsel.

 

 

 

 

16.

Consider Development of an Ordinance that would Amend the Process by which the District Enforces its Rules and Regulations

Action: The Board will discuss a proposal from the General Counsel to initiate an ordinance establishing an administrative citation process for enforcing compliance with District Rules and Regulations.  The administrative citation process would provide the District with an enforcement alternative, and enable improved and more consistent rule compliance, reduced obstacles, cost and time delays that result from criminal or civil enforcement, and result in a more uniform application of the District’s rules and procedures. 

 

 

Presentation Materials

 

 

 

 

17.

Appoint Representative to the Monterey Bay Regional Water Solutions Leadership Task Force

Action:  The Board of Directors will consider a recommendation of the Chair/Vice Chair Committee, to appoint the Chairperson to serve as its representative on the Leadership Task Force.

 

 

Presentation Materials

 

 

 

 

18.

Consider Report and Recommendation from Administrative Committee on Campaign Finance Reporting Regulations (Continued from May 21, 2007 Board meeting)

Action:  The Board will consider a report from the Administrative Committee to not develop campaign finance reporting regulations that could be presented for consideration at a future meeting.

 

 

This item was deferred.

 

 

 

 

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.

 

19.

Letters Received

Supplemental Letter Packet

 

20.

Committee Reports

 

21.

Carmel River Fishery Report

 

22.

Water Conservation Program Report

 

23.

Monthly Allocation Report

 

24.

Monthly California American Water Production Report

 

25.

Monthly Water Supply Status Report

 

26.

Semi-Annual Ground Water Quality Monitoring Report

 

 

 

ADJOURNMENT

 

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at www.ampmedia.org/asx/monterey25.asx

 

Live Broadcast

 

 

Ch. 25, Mon.,  Aug. 20,  7 PM

Del Rey Oaks, Monterey, Sand City, Seaside, Carmel, Carmel Valley

 

Rebroadcast

 

 

Ch. 28, 7 PM, Mon., Aug. 27; Sept. 3, 10 & 17

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

 

Ch. 28, 1 PM, Sat., Aug. 25; Sept. 1, 8 & 15

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

 

Ch. 25, 7 PM, Sun., Aug. 26; Sept. 2, 9 & 16

Del Rey Oaks, Monterey, Sand City, Seaside, Carmel, Carmel Valley

 

 

 

 

Upcoming Board Meetings

 

August 30, 2007

Special Meeting/Board Workshop on California American Water Rates and Operations

7:00 PM

MPWMD Conference Room

 

Sept. 17, 2007

Regular Board Meeting

7:00 PM

MPWMD Conference Room

 

Oct. 15, 2007

Regular Board Meeting

7:00 PM

MPWMD Conference Room

 

 

 

Upon request, MPWMD will make a reasonable effort to 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 August 16, 2007.  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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