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, May 17,  2010

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/2010/2010.htm
by 5 PM on Friday, May 21, 2010.

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 CPUC Application No. 10-01-012 –Mitigation Cost Reimbursement 

 

 

C.

Application of California American Water Company regarding Reimbursement Balancing – CPUC Application No. 09-04-015

 

 

D.

Application of California American Water Company to CPUC Application No. 10-XX-XXX – General Rate Case

 

 

 

 

 

 

 

 

 

Board of Directors

Regina Doyle, Chair – Division 4

Bob Brower, Vice Chair – Division 5

Alvin Edwards – Division 1

Judi Lehman – Division 2

Kristi Markey, Chair – Division 3

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, May 12, 2010.  Staff reports regarding these agenda items will be available for public review on Thursday, May 11, through Monday, May 17 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/2010/2010.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, June 21, 2010.

 

 

 

 

 

 

E.

Seaside v. California American Water  (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343) 

 

 

F.

MPWMD v. State Water Resources Control Board; Superior Court Case No. 1-10-CV-163328

 

 

G.

California American Water v. State Water Resources Control Board, Superior Court Case No.  M102097

 

 

H.

California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)

 

 

I.

California American Water v. MPWMD (Ryan Ranch) (Superior Court Case No. M 101255)

 

 

 

 

4.

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 April 19, 2010 Regular Board Meeting

 

2.

Consider Approval of Contract with General Manager

 

3.

Consider Approval to Contract with Bank of America to Secure a  $1.5 Million Line of Credit to Fund Development of Water Supply Projects

 

4.

Consider Adoption of Resolution No. 2010-05 Expressing Support for Submitting an Application for “Water Smart: Water and Energy Efficiency Grants for FY 2010”

 

5.

Consider Expenditure of Budgeted Funds to Contract with WaterWise, Inc. to Conduct Water Audits of Schools Outside of the California American Water Service Area

 

6.

Authorize the General Manager to Execute a Partnership Agreement with the Environmental Protection Agency's (EPA) WaterSense Program as a Promotional Partner

 

7.

Consider Increase in Budgeted Funds Allocated to the Lawn Rebate Program

 

8.

Authorize the General Manager to Execute a Memorandum of Understanding Among Monterey Peninsula Water Management District, County of Monterey,  Monterey County Water Resources Agency, California Department of Parks and Recreation, and Big Sur Land Trust for the Purpose of Coordinating Planning Activities for the Proposed Carmel River Floodplain Restoration Project

 

9.

Consider Expenditure of Budgeted Funds to Comply with Governmental Accounting Standards Board Actuarial Requirement for Employee Post Retirement Medical Benefits

 

10.

Consider Approval of 2010 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    

 

11.

Receive and File District-Wide Annual Water Distribution System Production Summary for Water Year 2009

 

12.

Receive and File District-Wide Annual Water Production Summary Report for Water Year 2009

 

13.

Consider Approval of Third Quarter FY 2009-10 Investment Report

 

14.

Consider Adoption of Treasurer's Report for March 2010

 

 

 

 

PRESENTATIONS

 

15.

Monthly Report from California American Water General Manager, Craig Anthony Including Update on Non-Revenue Water Use

 

 

Document submitted by Craig Anthony

 

16.

Update on Development of Water Supply Project Alternatives Including Recycled Water

 

17.

Water Conservation Program Report

 

 

Document submitted by MPWMD staff – Graywater Irrigation Systems

 

 

Document submitted by MPWMD staff – Required Operation and Maintenance Manual

 

 

 

 

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

 

19.

Status Report on CPUC Proceedings Relating to the Regional Water Project  

 

 

 

 

ATTORNEY’S REPORT

 

20.

Report on 5:30 PM Closed Session of the Board

 

 

 

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

 

21.

Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations

 

 

 

 

PUBLIC HEARINGS – No public hearing items were submitted for Board consideration.

 

 

 

 

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

 

22.

Receive  and Confirm Water Supply Forecast for Period of May 1, 2010 -- September 30, 2011

Action:  Staff will present information regarding available water storage as of May 1, 2010, and expected Water Demand through September 30, 2011.  Based on this information, staff will recommend whether or not additional, mandatory water demand reductions are needed at this time.

 

 

MPWMD Presentation Materials

 

 

Document submitted by MPWMD staff

 

 

 

 

23.

Consider Adoption of Resolution 2010-06 Modifying Rule 162 -- Regulatory Water Production Targets for California American Water Main System

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 mandated by State Water Resources Control Board Cease and Desist Order WR 2009-0060.

 

 

MPWMD Presentation Materials

 

 

 

 

24.

Consider Adoption of Resolution No. 2010-07 Expressing Support for the Safe, Clean and Reliable Drinking Water Supply Act of 2010

Action:  The Board will review the resolution and consider adoption.

 

 

MPWMD Presentation Materials

 

 

Document submitted by MPWMD 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.

 

25.

Letters Received

Letter Packet

 

26.

Committee Reports

 

27.

Carmel River Fishery Report for April 2010

 

28.

Water Conservation Program Report

 

29.

Monthly Allocation Report

 

30.

Monthly California American Water Production Report

 

31.

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., May 17, 2010 , 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside

 

Rebroadcast

 

 

Ch. 28, 7 PM, Mon., May 31, June 7, 14 & 21, 2010

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

 

Ch. 28, 7 PM, Fri., May 28, June 4, 11, 18 & 25, 2010

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

 

Ch. 28, 1 PM, Sat., May 29, June 5, 12, 19 & 26, 2010

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

 

Ch. 25, 7 PM, Sun., May 28 & 30, June 6, 13 & 20, 2010

Del Rey Oaks, Monterey, Sand City, Seaside

 

 

 

 

 

 

 

Upcoming Board Meetings

 

TO BE RESCHEDULED

Thursday,  May 20, 2010

Special Meeting/Board Workshop – Review Draft FY 2010-2011 MPWMD Budget

7:00 PM

District Conference Room

 

Monday, June 21, 2010

Regular Board Meeting

7:00 PM

District Conference Room

 

Monday, July 19, 2010

Regular Board Meeting

7:00 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 Thursday, May 13, 2010.  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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