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, September 22,  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, September 19, 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

Darby W. Fuerst

 

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Thursday, September 18, 2008.  Staff reports regarding these agenda items will be available for public review on Thursday, September, through Monday, September 22, 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, October 20, 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. 

 

 

Document submitted by Manuel Fierro

 

 

 

 

 

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 August 18, 2008 Regular Board Meeting

 

2.

Receive Notice of Appointments to Carmel River Advisory Committee

 

 

 

PRESENTATIONS

 

3.

Water Supply Project Alternatives Update

 

 

 

 

GENERAL MANAGER’S REPORT

 

4.

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

 

 

 

 

5.

Report on Emergency Cleanup and Repair Expenditures Due to Office Fire

The General Manager will provide an oral report regarding his authorization to  expend  emergency funds pursuant to Resolution No. 2002-08 to cleanup and repair damages caused by a fire in an employee’s office at 5 Harris Court, Building G.

 

 

 

ATTORNEY’S REPORT

 

6.

Report on 5:30 PM Closed Session of the Board

 

 

 

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

 

7.

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.

 

8.

Consider Second Reading and Adoption of Ordinance No. 135  -- Include the Inland Subareas of the Seaside Groundwater Basin into the Monterey Peninsula Water Resources System (MPWRS)

Action:  The Board will consider second reading and adoption of Ordinance No. 135 that would redefine the Monterey Peninsula Water Resource System to include the Northern Inland Subarea and the Laguna Seca Subarea of the Seaside Groundwater Basin, and would subject those areas to the District’s Expanded Water Conservation and Standby Rationing Plan.

 

 

Presentation by MPWMD staff

 

 

Presentation by Lloyd Lowrey

 

 

Presentation by Sherry Damon

 

 

 

 

9.

Consider Application to Amend California American Water Distribution System to Annex 12  Residential Lots Associated with Carmel Valley Ranch (APN 416522-020)

Action:  The Board will consider approval of Application #20071212CVR-L4 submitted by California American Water (CAW) and Carmel Valley Ranch (CVR) to annex all of parcel APN 416-522-020 into the CAW service area to facilitate water service to a 12-lot subdivision in CVR approved by Monterey County in December 2006 and confirmed by the Superior Court.  Roughly half of the parcel is already in the CAW service area.  The County action included designation of 8.807 acre-feet per year to the 12-lot project and re-zoning of 11 nearby lots that had been slated for residential development into open space. The District is relying on environmental documents previously adopted by the County.

 

 

Presentation by MPWMD staff

 

 

 

 

10.

Consider Adoption of October through December 2008 Quarterly Water Supply Strategy and Budget

Action:  The Board will consider approval of a proposed production strategy for the California American Water main distribution system for the three-month period of October through December 2008.  The strategy sets monthly goals for surface and ground water production from various sources within the main California American Water system.

 

 

Presentation by MPWMD staff

 

 

 

 

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

 

11.

Consider MPWMD Policy Regarding Installation of Dual Plumbing Systems

Action:  The Board will consider adopting a written policy regarding use of more than one source of supply on a property, that is, water served by California American Water (CAW) and water served by a non-CAW source such as a well, onsite cistern or other source.  The policy addresses three potential settings involving potable and non-potable water use.  A separate agenda item addresses comprehensive use of “greywater” (e.g., water from showers or laundry) as a new source of water supply for the Monterey Peninsula

 

 

Presentation by MPWMD staff

 

 

 

 

12.

Consider Request from Director Doyle to Prioritize the District in Actively and Aggressively Exploring Available Alternative Water Sources: Recycling and Reuse of Greywater; Rainwater Harvesting and Storage; and Stormwater Storage and Reuse

Action:  The Board will consider Director Doyle’s request to set establishment of greywater, rainwater, and stormwater systems as a top priority for the District.  Specifically, the Board will consider Director Doyle’s request to create an ad hoc committee to explore available alternative sources of supply for the District.

 

 

Presentation by MPWMD staff

 

 

 

 

13.

Consider Scheduling a Joint Meeting of the MPWMD and Monterey  Regional Water Pollution Control Agency (MRWPCA) to Discuss Cooperative Efforts Regarding the Groundwater Replenishment Project and Other Potential Water Supply Projects

Action:  The Board will consider scheduling a joint meeting of the MPWMD and MRWPCA Boards to discuss formalizing a partnership to develop local water supply solutions, including the proposed Groundwater Replenishment, Aquifer Storage and Recovery, and Desalination Projects.

 

 

 

 

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.

 

14.

Letters Received

Letter Packet

 

15.

Committee Reports

 

16.

Strategic Plan Update

 

17.

Carmel River Fishery Report for August 2008

 

18.

Water Conservation Program Report

 

19.

Monthly Allocation Report

 

20.

Monthly California American Water Production Report

 

21.

Monthly Water Supply Status Report

 

 

 

ADJOURNMENT

 

 

 

 

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

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

 

Live Broadcast

 

 

Mon.  Sept. 22, 2008, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside

 

Rebroadcast

 

 

Ch. 28, 7 PM, Mon., Oct. 6 & 13

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

 

Ch. 28, 7 PM, Fri., Oct. 3, 10 & 17

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

 

Ch. 28, 1 PM, Sat., Oct. 4, 11 & 18

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

 

Ch. 25, 7 PM, Sun., Sept. 28; Oct. 5, 12 & 19

Del Rey Oaks, Monterey, Sand City, Seaside

 

 

 

 

Upcoming Board Meetings

 

October 20, 2008

Regular Board Meeting

7 PM

District Conference Room

 

October 30, 2008

Special Meeting/ Board Workshop

7 PM

District Conference Room

 

November 17, 2008

Regular Board Meeting

7 PM

District 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, September 19, 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.

 

 

U:\staff\word\boardpacket\2008\2008boardpackets\20080922\092208agenda.doc