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 23, 2012 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/2012/2012.htm by 5 PM on Friday, February 17, 2012. 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.

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.

MPWMD v. State Water Resources Control Board; Santa Clara Superior Court Case No. 1-10-CV-163328 -- Cease and Desist Order

B.

Application of California American Water Company to CPUC Application No.10-01-012 – User Fee Collection ; Cal-Am v. MPWMD; M113336

C.

Application of California American Water to the CPUC (Application No. 04-09-019) Coastal Water Project

D.

Richard & Sharlene Thum v. MPWMD; Superior Court Case No. M113598

Board of Directors David Potter, Chairperson – Monterey County Board of Supervisors David Pendergrass, Vice Chairperson – Mayoral Representative Brenda Lewis – Division 1 Judi Lehman – Division 2 Kristi Markey – Division 3 Jeanne Byrne – Division 4 Robert S. Brower, Sr. – Division 5 General Manager David J. Stoldt

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Friday, February 17, 2012.  Staff reports regarding these agenda items will be available for public review on Friday, February 17, through Thursday, February 23 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 19, 2012.

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 from the January 23, 2012 Regular Meeting of the Board of Directors

2.

Consider Adoption of Resolution 2012-01 Declaring March 12 through March 18, 2012 to be Fix a Leak Week

3.

Ratify Update to Board Committee Assignments for Calendar Year 2012

4.

Consider Authorization of Consultant Contract to Provide Assistance with Inter-Regional Prioritization Processes for the Integrated Regional Water Management Plan for the Monterey Peninsula, Carmel Bay and Southern Monterey Bay

5.

Consider Approval of Funding for Rate Study Consultant for Alternative User Fee Collection Mechanism

Ø MPWMD Presentation

6.

Review and Accept Independent Audit Report for Fiscal Year 2010-2011

7.

Receive and File First Quarter Financial Activity Report for Fiscal Year 2011-2012

8.

Consider Adoption of Treasurer's Report for September 2011

9.

Consider Adoption of Treasurer's Report for October 2011

GENERAL MANAGER’S REPORT

10.

Introduce Eric Sabolsice, General Manager Coastal Division, California American Water

11.

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

12.

Update on Development of Water Supply Projects

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 Adoption of Mid-Year FY 2011-2012 Budget Adjustment Action: At mid-year, District staff routinely review the budget and propose revisions that will ensure continuance of the District’s programs and facilitate changes in the District’s operating needs that were unknown at the time the budget was adopted in June 2011. A proposed, amended budget is presented for Board consideration.

Ø MPWMD Presentation

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

16.

Water Supply Planning This is a discussion item to allow an exchange of ideas between the Board members. No action will be taken.

A.

Monterey Peninsula Regional Water Authority -- Correspondence

B.

District’s Roles and Responsibilities

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

17.

Authorize the General Manager to Develop a Draft Memorandum of Understanding between the MPWMD, Monterey Regional Water Pollution Control Agency and California-American Water re Joint Funding of a Groundwater Replenishment Project Action: The Board will consider authorizing the General Manager to develop a draft Memorandum of Understanding based on concepts outlined in the staff report. A final MOU could be presented to the Board for approval at the March 19, 2012 meeting.

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.

18.

Letters Received

Letter Packet

19.

Committee Reports

20.

Carmel River Fishery Report

21.

Water Conservation Program Report

22.

Monthly Allocation Report

23.

Monthly Water Supply and California American Water Production Report

ADJOURNMENT

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28 Live webcast at www.ampmedia.org/asx/monterey25.asx

Ch. 28, 7 PM, Mon., Mar. 5, 12, 19 & 26, 2012

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

Ch. 28, 7 PM, Fri., Mar. 9, 16, 23 & 30, 2012

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

Ch. 28, 1 PM, Sat., Mar. 10, 17, 24 & 31, 2012

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

Ch. 25, 7 PM, Sun., Mar. 4, 11, 18 & 25, 2012

Del Rey Oaks, Monterey, Sand City, Seaside

Upcoming Board Meetings

Mon., March 19, 2012

Regular Board Meeting

7:00 pm

District Conference Room

Wed. , March 28, 2012

Tentative – Special Board Meeting

7:00 pm

TBA

Mon., April 18, 2012

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. MPWMD will also make a reasonable effort to provide translation services upon request. 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 Tuesday, February 21, 2012. 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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