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

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

Monday, July 21,  2008

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/2008/2008.htm
by 5 PM on Friday, July 18, 2008.

The 7 PM Meeting will be televised on Comcast Channel 25 & 28.  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.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of Directors

Judi Lehman, Chair – Division 2

Kristi Markey, Vice Chair – Division 3

Alvin Edwards – Division 1

Regina Doyle – Division 4

Bob Brower – Division 5

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors

 

General Manager

David W. Fuerst

 

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on July 17, 2008.  Staff reports regarding these agenda items will be available for public review on Friday, July 18, 2008, through Monday, July 21, 2008 at the District office and at the Carmel, Carmel Valley, Monterey, Pacific Grove and Seaside libraries. After staff reports have been distributed, if additional documents are produced by the District and provided to a majority of the Board regarding any item on the agenda, they will be available at the District office during normal business hours, and posted on the District website at http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/2008.htm. Documents distributed at the meeting will be made available in the same manner. The next regular meeting of the Board of Directors is scheduled for Monday, August 18, 2008. 

 

 

 

 

 

C.

Application of California-American Water Company to California Public Utilities Commission for a Special Conservation Program and Design Modifications Rate in its Monterey District (Application No. 07-12-010) – Conservation Program Application

 

 

D.

Application of California -American Water Company to California Public Utilities Commission for Authorization to Increase Revenues for Water Service in its Monterey District in the years 2009; 2010; and 2011 (Application No. 08-01-027) – General Rate Case

 

 

E.

Application of California-American Water Company to Authorize Support Services for its Monterey District to the California Public Utilities Commission (Application No. 08-01-024) – General Office Case

 

 

F.

Application of California American Water to the CPUC to Authorize Costs for the Long-Term Water Supply be Transferred to a Balancing Account and a Requirement for Annual Review of that Account (Application No. 08-04-019)

 

 

G.

Application of California-American Water Company to the California Public Utilities Commission for an authorized Cost of Capital for Utility Operations for 2009 (Application No. 08-05-003)

 

 

H.

State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR

 

 

I.

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

 

 

J.

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

 

 

 

 

4.

Conference with Legal Counsel – Threatened Litigation (Gov. Code 54956.9(b))

Sierra Club v. California American Water (16 U.S.C. §1538)

 

 

 

 

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 June 16, 2008 Regular Board Meeting

 

2.

Consider Expenditure of Funds for Payment of Voluntary Assessment for Seaside Basin Watermaster Administrative Costs in Calendar Year 2008

 

3.

Consider Expenditure of Budgeted Funds For the Purchase of Integrated Technology Support Software

 

4.

Consider Expenditure of Budgeted Funds to Purchase Irrigation Equipment to Mitigate Impacts of Pumping from Lower Carmel  Valley Wells

 

5.

Consider Expenditure of Budgeted Funds to Contract with Monterey Regional Water Pollution Control Agency for Public Outreach Assistance

 

6.

Consider Expenditure of Budgeted Funds to Renew a Two-Year Legal Services Agreement with DeLay and Laredo

 

7.

Consider Adoption of Resolution No. 2008-13 Establishing Administrative Hearing Guidelines of the Monterey Peninsula Water Management District

 

8.

Consider Authorization of Payment to Directors Brower, Lehman and Potter for Attendance at Meetings Related to Ordinance No. 135

 

9.

Consider Adoption of Treasurer’s Report for May 2008

 

 

 

 

PRESENTATIONS

 

10.

Water Supply Project Alternatives Update

Presentation Materials

 

 

11.

Jessica Griffiths of the Ventana Wildlife Society Reporting on Avian Monitoring on the Lower Carmel River

Presentation Materials

 

 

12.

Update on Draft Cease and Desist Order Against California American Water and its Diversion of Water from the Carmel River

Presentation Materials

 

 

 

GENERAL MANAGER’S REPORT

 

13.

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

Presentation Materials

 

 

 

 

ATTORNEY’S REPORT

 

14.

Report on 5:30 PM Closed Session of the Board

 

 

 

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

 

15.

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.

 

16.

Consider First Reading of Ordinance No. 134 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Regulation XV, the Expanded Water Conservation and Standby Rationing Plan  

Action:  The Board will consider adoption of the first reading of Ordinance No. 134 that would amend the Expanded Water Conservation and Standby Rationing Plan.   This version of Ordinance No. 134 has been revised from the May 19, 2008 first reading, as language that would redefine the boundary of the Monterey Peninsula Water Resources System has been excluded and will be incorporated into a subsequent ordinance for future consideration by the Board.

Presentation Materials

Documents Submitted at the Board Meeting

 

 

 

 

17.

Consider First Reading of Ordinance No. 136 -- An Ordinance to Establish a Process to Authorize Adjustments to Water Distribution System Production and Connection Limits

Action:  The Board will consider adoption of the first reading of Ordinance No. 136 that would establish a process to authorize adjustments to water distribution system production and connection limits, if justified by limitations in available water supplies.

Presentation Materials  

 

 

 

 

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

 

18.

Status Update on Process to Secure a $2 Million Line of Credit to Fund Development of Water Supply Projects

Action:  Staff will present information on proposals from several banks to provide the District with a $2 million line of credit to fund development of water supply projects.

Presentation Materials 

 

 

 

 

 

 

 

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

 

20.

Committee Reports

 

21.

Strategic Plan Update

 

22.

Carmel River Fishery Report

 

23.

Water Conservation Program Report

 

24.

Monthly Allocation Report

 

25.

Monthly California American Water Production Report

 

26.

Monthly Water Supply Status Report

 

27.

Quarterly Water Supply Project Status Report

 

28.

Quarterly Irrigation Program and Riparian Projects Report

 

29.

Quarterly Carmel River Erosion Protection and Restoration Projects Report

 

30.

Quarterly Water Use Credit Transfer Status Report

 

 

 

 

ADJOURNMENT

 

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

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

 

Live Broadcast

 

 

Mon.  July 21, 2008, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside

 

Rebroadcast

 

 

Ch. 28, 7 PM, Mon., July 28, Aug. 4, & 11

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

 

Ch. 28, 7 PM, Fri., July 25, Aug. 1, 8 & 15

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

 

Ch. 28, 1 PM, Sat., July 26, Aug. 2, 9 & 16

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

 

Ch. 25, 7 PM, Sun., July 27, Aug. 3, 10, & 17

Del Rey Oaks, Monterey, Sand City, Seaside

 

 

 

 

Upcoming Board Meetings

 

August 18, 2008

Regular Board Meeting

7:00 PM

MPWMD Conference Room

 

September 15, 2008

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 Friday, July 18, 2008.  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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