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, June 15,  2009

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/2009/2009.htm 
by 5 PM on Friday, June 12, 2009.

The 7 PM Meeting will be televised on Comcast Channels 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

 

 

Document submitted by Diepenbrock Harrison-A Professional Corporation

 

3.

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

 

 

A.

Application of California American Water Company to the Public Utilities Commission No. 04-09-019 – Coastal Water Project

 

 

B.

Application of California American Water Company to the California Public Utilities Commission No. 09-04-015 – 2008 Coastal Water Project Construction

 

 

C.

Application of California-American Water Company to California Public Utilities Commission for an Order Authorizing a Special Conservation Program and Modifications to its Rate Design in its Monterey District, and Authorization to Increase its Rates for Water Service in its Monterey District – Conservation Program (Application Nos. 07-12-010, 08-01-018)

 

 

 

 

 

Board of Directors

Kristi Markey, Chair – Division 3

Regina Doyle, Vice Chair – Division 4

Alvin Edwards – Division 1

Judi Lehman – Division 2

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 Wednesday, June 10, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, June 11, through Monday, June 15 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/2009/2009.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, July 20, 2009.

 

 

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 – General Rate Case (Application No. 08-01-027)

 

 

E.

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

 

 

 

 

4.

Conference with Labor Negotiators (Gov. Code 54957.6)

 

 

Agency Designated Representatives:  Rick Dickhaut, Cynthia Schmidlin, Darby Fuerst and William Avery

 

 

Employee Organization:  General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792

 

 

Unrepresented Employees:  Confidential Unit

 

 

 

 

5.

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

 

 

California American Water v City of Seaside et al. (Case No.: M 66343)

 

 

 

 

6.

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 May 20, 2009 Special Board Meeting, May 21, 2009 Regular Board Meeting and June 1, 2009 Special Meeting/Board Workshop

 

2.

Adoption of Findings, Conclusions and Decision for the Hearing on Apparent Insufficient Physical Supplies to Serve Ryan Ranch Water Distribution System

 

 

Document submitted by Shari N. Swenney

 

3.

Consider Designation of Method for Resolving Tie Votes for Elections in Voter Divisions 1 through 5

 

4.

Consider Adoption of Resolution No 2009-05 Expressing Support for the Nomination of Judi Lehman to the ACWA Region 5 Board of Directors

 

5.

Authorize Expenditure of Budgeted Funds to Contract for Limited-Term Positions

 

6.

Consider Expenditure of Funds to Contract for Professional Services to Evaluate Economic and Cost Allocation Issues Associated with the Proposed Coastal Water and Regional Water Supply Projects

 

7.

Consider Expenditure of Budgeted Funds to Amend Contract with Golden State Planning and Environmental Consulting to Assist with Water Distribution System Permit Program

 

8.

Consider Expenditure of Budgeted Funds to Amend Contract with Pueblo Water Resources to Provide Hydrogeologic Review for Water Distribution System Permits

 

9.

Consider Expenditure of Budgeted Funds for Purchase of Positive-Action Shut Off Nozzles

 

10.

Authorize Expenditure of Contingency Funds for Amendment to Rebate Database  Programming

 

11.

Consider Approval of 2009 Annual Memorandum of Agreement for Releases from San Clemente Reservoir among California American Water, California Department of Fish and Game, and Monterey Peninsula Water Management District

 

12.

Consider Adoption of Resolution 2009-06 Establishing Article XIII(B) Appropriations Limit for Fiscal Year 2009-10

 

13.

Receive and File Third Quarter Financial Activity for Fiscal Year 2008-09

 

14.

Consider Adoption of Treasurer's Report for April 2009

 

 

 

PRESENTATIONS

 

15.

Monthly Report from California American Water General Manager, Craig Anthony

 

16.

Water Supply Project Alternatives Update

 

17.

Water Conservation Program Report

 

 

 

 

GENERAL MANAGER’S REPORT

 

18.

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

 

 

 

 

ATTORNEY’S REPORT

 

19.

Report on June 1, 2009 and June 15, 2009 Board Closed Sessions

 

 

 

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

 

20.

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.

 

21.

Consider Request for Variance from Individual Water Meter Requirements (District Rule 23) Carmel Foundation (APN 010-136-013) 

Action:  The Board will consider a request to allow a master water meter for a 14-unit senior housing complex in Carmel.  The project is currently under construction.  The Carmel Foundation is a non-profit membership organization that benefits local seniors.

 

 

Staff PowerPoint Presentation

 

 

 

 

22.

Consider Adoption of July through September 2009 Quarterly Water Supply Strategy and Budget

Action:  The Board will consider approval of a proposed production strategy for the California American Water Distribution Systems for the three-month period of July through September 2009.  The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.

 

 

Staff PowerPoint Presentation

 

 

 

 

23.

Public Hearing to Review District Aquifer Storage Recovery (ASR) Fees

Action:  The Board of Directors is required by Ordinance No. 138 to hold a public hearing related to ASR fees at the time it reviews the annual District budget.  The Board is to determine whether the purpose funded by this fee is still required, and whether the amount of the fee remains appropriate. 

 

 

Staff PowerPoint Presentation

 

 

 

 

24.

Consider Adoption of Proposed Fiscal Year 2009-2010 MPWMD Budget and Resolution 2009-07

Action:  The Board will consider adoption of the Fiscal Year 2009-2010 MPWMD Budget and the corresponding resolution that would confirm their action.

 

 

Staff PowerPoint Presentation

 

 

 

 

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

 

25.

Consider Adoption of Resolution 2009-08 Modifying Rule 162 -- Regulatory Water Production Targets for California American Water Systems

Action:  The Board will consider modifications to the Regulatory Water Production Targets in Tables XV-1 and XV-2 of Rule 162.  The modifications are necessary to reflect the reductions in pumping from the Seaside Groundwater Basin recently imposed by the Seaside Basin Watermaster.

 

 

Staff PowerPoint Presentation

 

 

 

 

26.

Receive Report on the Potential for Increasing the Storage Capacity of Los Padres Reservoir

Action:  The Board will receive a report on staff’s findings regarding the feasibility of various methods to increase the storage capacity of Los Padres Reservoir.

 

 

Staff PowerPoint Presentation

 

 

Documents submitted by staff

 

 

 

 

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.

 

27.

Letters Received

Letter Packet

 

28.

Committee Reports

 

29.

Carmel River Fishery Report for May 2009

 

30.

Water Conservation Program Report

 

31.

Monthly Allocation Report

 

32.

Monthly California American Water Production Report

 

33.

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.  June 15, 2009, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside

 

Rebroadcast

 

 

Ch. 28, 7 PM, Mon., June 22 & 29; July 6, 13 & 20

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

 

Ch. 28, 7 PM, Fri., June 26; July 3, 10, 17 & 24

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

 

Ch. 28, 1 PM, Sat., June 27; July 4, 11, 18 & 25

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

 

Ch. 25, 7 PM, Sun., June 20 & 27; July 5, 12 & 19

Del Rey Oaks, Monterey, Sand City, Seaside

 

 

 

Upcoming Board Meetings

 

July 20, 2009

Board Closed Session

5:30 PM

Grill at Ryan Ranch

 

July 20, 2009

Regular Board Meeting

7:00 PM

District Office

 

July 30, 2009

CANCELLED

 

 

 

August 17, 2009

Board Closed Session

5:30 PM

Grill at Ryan Ranch

 

August 17, 2009

Regular Board Meeting

7:00 PM

District Office

 

 

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 Thursday, June 11, 2009.  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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