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.

AMENDED

AGENDA

Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

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

Monday, May 16, 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, May 13, 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)

Application of California American Water Company to CPUC, Application No. 10-07-007 – General Rate Case

Application of California American Water Company to CPUC, Application No. 10-09-018 – San Clemente Dam Removal

Adjourn to 7 pm Session

Board of Directors

Robert S. Brower Sr., Chair – Division 5

David Potter, Vice Chair – Monterey County

Board of Supervisors

Brenda Lewis – 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 Wednesday, May 11, 2011. Staff reports regarding these agenda items will be available for public review on Thursday, May 12, through Monday, May 16 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, June 20, 2011.

7 PM -- Regular Board Meeting

CALL TO ORDER/ROLL CALL

PLEDGE OF ALLEGIANCE

ADMINISTER OATH OF OFFICE TO BRENDA LEWIS, DIRECTOR DIVISION 1

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 April 18, 2011 Regular Board Meeting

Consider Approval of California American Water Interim Reimbursement Agreement for the District Mitigation Program

Consider Adoption of Resolution No. 2011-08 Calling an Election in Voter Divisions 3, 4 and 5 on November 8, 2011

Authorize Expenditure of Budgeted Funds for Water Service Connection to Water Project 1 Site from Marina Coast Water District

Consider Adoption of Findings of Denial – 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)

Consider Authorization for Funding of Retrofits at San Carlos School (Private School)

Consider Authorization for Funding of Retrofits at Monterey Peninsula Unified School District Schools

Consider Approval of Third Quarter Fiscal Year 2010-11 Investment Report

PRESENTATIONS

Acknowledge Andrew Bell, Inder Osahan, and June Silva upon their Retirement from the MPWMD.

Ø Letter from Keith Israel, General Manager

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

12.

Report from Darby Fuerst, General Manager on MPWMD Response to Implementation of Moratorium on Water Connections for New and Expanded Water Use

13.

Water Conservation Program Report

14.

Update on Development of Water Supply Project Alternatives Including Recycled Water

GENERAL MANAGER’S REPORT

15.

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

16.

Report on 5:30 PM Closed Session of the Board

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

17.

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.

18.

Consider Appeal of General Manager's Decision to Deny a Lawn Removal Rebate Pursuant to District Rule 141-D, -- 1179 Waring Street, Seaside (APN: 012-401-082)

Action: The Board will make a quasi-judicial decision regarding denial of a Lawn removal Rebate application.

Ø Letter from Emily A. Smith

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

19.

Receive and Confirm Water Supply Forecast for Period of May 1, 2011 through September 30, 2012

Action: Staff will present information regarding available water storage as of May 1, 2011, and expected Water Demand through September 30, 2012. Based on this information, staff will recommend whether or not additional, mandatory water demand reductions are needed at this time.

Ø 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.

20.