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, April 18, 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, April 15, 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

Application of California American Water Company to CPUC (Application No. 10-07-007) 2010 General Rate Case (2012-2014)

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)

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

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 Thursday, April 14, 2011. Staff reports regarding these agenda items will be available for public review on Thursday, April 14, through Monday, April 18 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, May 16, 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.

Ø Document from Todd Norgaard

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 March 21, 2011 Regular Board Meeting

Consider Adoption of Record from March 31, 2011 Board Special Meeting/Goal Setting Session

Consider Authorization to Retain Lead Labor Negotiator

Consider Expenditure of Budgeted Funds (reimbursable, exempt from spending freeze) for Purchase of Internet License for Water Wise Gardening in Monterey County

Authorize Expenditure of Reimbursable Funds (exempt from Board spending freeze) to Contract for Consultant Services to Complete Design of the Sleepy Hollow Ford Removal and Bridge Replacement Project

Receive and File District-Wide Annual Water Distribution System Production Summary Report for Water Year 2010

Receive and File District-Wide Annual Water Production Summary Report for Water Year 2010

Consider Approval of Treasurer's Report for January 2011

Consider Approval of Treasurer’s Report for February 2011

PRESENTATIONS

10.

Monthly Report from California American Water General Manager, Craig Anthony

11.

Report from Craig Anthony on California American Water Plans for Implementation of Moratorium on Water Connections for New and Expanded Water Use

Ø Letter from David C. Sweigert, Fenton & Keller

12.

Water Conservation Program Report

13.

Update on Development of Water Supply Project Alternatives Including Recycled Water

GENERAL MANAGER’S REPORT

14.

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

15.

Report on 5:30 PM Closed Session of the Board

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

16.

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.

17.

Consider Appeal of General Manager's Decision to Require a Water Permit for Two Showerheads Pursuant to District Rule 20, Permits Required -- 951 Coral Drive, Pebble Beach (APN: 007-254-005)

Action: The Board will make a quasi-judicial decision regarding Water Permit requirements for two Showerheads documented during a District inspection in 2010.

Ø MPWMD Presentation

Ø Letter from Tony Sollecito, Realtor

Ø Document submitted by Margaret L. Thum

18.

Consider Second Reading and Adoption of Ordinance No. 148 -- Amending the Rebate Program -- Adopting Guidelines for Lawn Removal

Action: The Board will consider second reading and adoption of an ordinance that amends Rule 141, Water Conservation Rebates, to implement the new and additional policies related to Lawn removal Rebates adopted in Resolution 2011-04 and amends Rule 141 to address future unavailability of a Rebate Account. This ordinance also amends portions of the Rebate Program to strengthen conditions of approval, clarifies that Sites must comply with applicable District rules before Rebates are issued, disqualifies Qualifying Devices mandated by local, State or Federal water conservation programs, reorders language related to Ultra High Efficiency Toilets in Rule 141-C, and deletes reference to a list of Weather Based Irrigation Controllers maintained by the District. This ordinance also clarifies deed restriction requirements allowing access to water records for recipients of Weather Based Irrigation Controller Rebates, Lawn removal Rebates, and Synthetic Turf Rebates.

Ø MPWMD Presentation

19.

Consider Approval of Draft 2010 MPWMD Annual Report

Action: The District’s enabling legislation requires that each year a public hearing be conducted on the annual report.

Ø MPWMD Presentation

ACTION ITEMS – No Action Items were submitted for Board consideration.

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.

20.