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

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Monday, June 21, 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, June 18, 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.

Public Comment – Members of the public may address the Board on the item or items listed on the Closed Session agenda.

Adjourn to Closed Session

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

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

Application of California American Water Company to PUC Application No. 10-01-012 –Mitigation Cost Reimbursement

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

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, June 16, 2010. Staff reports regarding these agenda items will be available for public review on Thursday, June 17, through Monday, June 21, 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, July 19, 2010.

Amended Application (U210W) of California American Water Company to CPUC Application No. 10-05-020 – Order Authorizing Moratorium in Monterey District

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

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

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

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

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

Public Employee Performance Evaluation (Gov. Code 54957) – District Counsel

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.

Consider Adoption of Minutes of the May 17, 2010 Regular Board Meeting and May 20, 2010 Special Meeting/Board Workshop

Receive Notice of Appointments to Carmel River Advisory Committee

Consider Expenditure of Budgeted Funds for Construction of Fitch School Aquifer Storage and Recovery (ASR) Test Well

Consider Expenditure of Budgeted Funds for Hydrogeologic and Engineering Support for Fitch School Aquifer Storage and Recovery (ASR) Test Well

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

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

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

Consider Expenditure of Budgeted Funds to Purchase Water Conservation Equipment

Consider Expenditure of Budgeted Funds for Landscape Irrigation Audits/Budgets (Rule 172) and Authorize the General Manager to Renew Limited Contracts with Spot Water Management, Pacific Water Management, and Waterwise Consulting Inc., for Auditing Services

10.

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

11.

Consider Expenditure of Budgeted Funds to Contract with JEA & Associates for Governmental Relations Services

12.

Consider Expenditure of Budgeted Funds to Contract for Limited-Term Field Positions

13.

Consider Expenditure of Budgeted Funds to Contract for Temporary Scanning Project Help in the Water Demand Division

14.

Consider Expenditure of Budgeted Funds to Contract for Temporary General Clerical Assistance in Water Demand Division

15.

Consider Authorization to Renew Two-Year Legal Services Agreement with DeLay and Laredo

16.

Consider Authorization to Contract with Hayashi & Wayland to Conduct Annual Financial Audits for Fiscal Years 2009-10; 2010-11 & 2011-12

17.

Consider Adoption of Resolution 2010-07 Establishing Article XIII(B) 2010-2011 Fiscal Year Appropriations Limit

18.

Receive and File Third Quarter Financial Activity for Fiscal Year 2009-10

19.

Consider Adoption of Treasurer's Report for April 2010

PRESENTATIONS

20.

Monthly Report from California American Water General Manager, Craig Anthony

21.

Water Conservation Program Report

Greywater Training Flyer

22.

Update on Development of Water Supply Project Alternatives Including Recycled Water

GENERAL MANAGER’S REPORT

23.

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

24.

Status Report on CPUC Proceedings Relating to the Regional Water Project

ATTORNEY’S REPORT

25.

Report on May 20, 2010 and June 21, 2010 Closed Sessions of the Board

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

26.

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.

27.

Consider Adoption of July through September 2010 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 2010. The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.

MPWMD Presentation

28.

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

MPWMD Presentation

29.

Consider Adoption of Proposed Fiscal Year 2010-2011 MPWMD Budget and Resolution 2010-08

Action: The Board will consider adoption of the Fiscal Year 2010-2011 MPWMD Budget and the corresponding resolution that would confirm their action.

MPWMD Presentation

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

30.

Consider Taking a Position on the Safe, Clean and Reliable Drinking Water Supply Act of 2010

Action: The Board will consider whether or not to take a position regarding the Safe, Clean and Reliable Drinking Water Supply Act of 2010.

MPWMD Presentation

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.

31.