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

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

Thursday, February 24, 2011

5:30 PM – Closed Session

Monterey Peninsula Airport District, Board Room

Suite 200, Second Floor, Terminal Building

200 Fred Kane Drive, 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/2011/2011.htm

by 5 PM on Friday, February 18, 2011.

The 7 PM Meeting will be televised on Comcast Channels 25 & 28. Refer to broadcast schedule on page 3.

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

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

Sierra Club v. MPWMD, Security National Guaranty & California American Water, Real Parties (Superior Court Case No. M 108149)

Adjourn to 7 PM Session

Board of Directors

Robert S. Brower Sr., Chair – Division 5

David Potter, Vice Chair – Monterey County

Board of Supervisors

Vacant – Division 1

Judi Lehman – Division 2

Kristi Markey, Chair – Division 3

Regina Doyle – Division 4

David Pendergrass – Mayoral Representative

General Manager

Darby W. Fuerst

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Friday, February 18, 2011. Staff reports regarding these agenda items will be available for public review on Tuesday, February 22, through Thursday, February 24 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/2011/2011.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, March 21, 2011.

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 January 27, 2011 Regular Board Meeting

Consider Expenditure of Budgeted Funds for Green Gardener Program

Consider Adoption of Resolution 2011-04 – Adopting Guidelines for and Lifting the Suspension of the Lawn Removal Rebate Program

Consider Adoption of Resolution 2011-05 Declaring March 14-20, 2011 to be Fix a Leak Week

Consider Approval of First Quarter Fiscal Year 2010-2011 Investment Report

Receive and File First Quarter Financial Activity Report for Fiscal Year 2010-2011

Consider Adoption of Treasurer's Report for September 2010

Consider Adoption of Treasurer’s Report for October 2010

PRESENTATIONS

Monthly Report from California American Water General Manager, Craig Anthony

10.

Water Conservation Program Report

11.

Update on Development of Water Supply Project Alternatives Including Recycled Water

GENERAL MANAGER’S REPORT

12.

Status Report on California American Water Compliance with State Water Resources Control Board Order 2009-0060 and Seaside Groundwater Basin Adjudication Decision

ATTORNEY’S REPORT

13.

Report on 5:30 PM Closed Session of the Board

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

14.

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.

15.

Consider Second Reading and Adoption of Ordinance No. 147 -- An Ordinance of the Monterey Peninsula Water Management District Amending Regulation XV, Expanded Water Conservation and Standby Rationing Plan, to Implement Water Banking in Stages 5 – 7 Water Rationing

Action: The Board will consider second reading and adoption of an ordinance that amends the Expanded Water Conservation and Standby Rationing Plan to reinstate Water Banking during Water Rationing. Water Banking was suspended while California American Water reprogrammed its billing system.

Ø MPWMD Presentation

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

16.

Review Initial Study and Provide Direction to Staff on Preparation of a Mitigated Negative Declaration for Ordinance No. 146 -- An Ordinance Tolling the Expiration Date of Affected Water Use Credits for the Duration of Any Moratorium Precluding Their Use

Action: The Board will consider authorizing staff to file a Mitigated Negative Declaration.

Ø MPWMD Presentation

Ø Letter from David C. Sweigert

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.

17.