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 16, 2012 Closed Session location changed to Regency 1 (in Conference Center) Hyatt Regency, Monterey 5:30 PM – Closed Session Monterey Peninsula Airport District, Board Room Suite 200, Second Floor, Terminal Building Note Location 200 Fred Kane Drive, Monterey CA 7:00 PM – Regular Board Meeting Regency Ballroom (In Conference Center), Hyatt Regency One Old Golf Course Rd., Monterey, CA 93942 Director Robert S. Brower will participate by telephone from the waiting room of the SC Prime Steakhouse at Suncoast Hotel, 9090 Alta Drive, Las Vegas, NV 89145 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, April 13, 2012. The 7 PM Meeting will be televised on Comcast Channels 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.

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; Superior Court Case No. M113336

Board of Directors David Potter, Chair – Monterey County Board of Supervisors David Pendergrass, Vice Chair – 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 Thursday, April 12, 2012.  Staff reports regarding these agenda items will be available for public review on Thursday, April 12, through Monday, April 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, May 21, 2012.

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

E.

Application of California American Water to the CPUC (Application No. 10-09-018) San Clemente Dam Removal

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 of the March 19, 2012 Regular Board Meeting and Correction to Minutes of December 12, 2011

2.

Consider Authorization to Extend Contract to Provide Internet Service to Sleepy Hollow Fish Rearing Facility

3.

Consider Expenditure of Budgeted Reimbursable Funds to Contract with Right on Q Hydrogeology to Provide Technical Support to Assess and Inventory Data to Support a Future Coupled Surface Water Groundwater Modeling Effort in Carmel Valley

4.

Receive Fiscal Year 2010-2011 Mitigation Program Annual Report

5.

Receive and File District-Wide Annual Water Distribution System Production Summary Report for Water Year 2011

6.

Receive and File District-Wide Annual Water Production Summary Report for Water Year 2011

7.

Consider Approval of Treasurer's Report for February 2012

GENERAL MANAGER’S REPORT

8.

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

9.

Update on Development of Water Supply Projects

ATTORNEY’S REPORT

10.

Report on 5:30 PM Closed Session of the Board

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

11.

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.

12.

Proposal for Establishment of Alternative User Fee Collection Mechanism

Ø Letter from Margaret L. Thum

Ø Letter from Mark S. Morgan

Ø Letter from Coalition of Peninsula Businesses

A.

Presentation from David Laredo, District Counsel, on the Proposition 218 Process (No action, information item)

B.

Presentation from Tom Gaffney of Bartle Wells on Rate and Fee Study Report (No action, information item)

C.

Presentation from Administrative Services Division Manager on Costs and Methods for Alternative User Fee Collection (No action, information item)

D.

Presentation from General Manager on Budget and Cost Allocation Issues for User Fee (No action, information item)

Ø MPWMD Presentation

E.

Review and Adopt Rate Study Report Action: The Board will consider adoption of the Rate and Fee Study Report prepared by Bartle Wells.

F.

Consider First Reading of Ordinance No. 152 -- Establishment of Water Use Fees Action: The Board will consider adoption of the first reading version of the ordinance. The second reading and adoption is scheduled for June 12, 2012.

Ø MPWMD Presentation

Ø Letter from Jeffrey L. Massey

Ø Document submitted by Jeanne Byrne

G.

Review Alternate Draft Resolutions for Collection of Water Use Fee (No action, information item)

H.

Adopt Resolution 2012-03 -- Proposition 218 Process Implementation Action: The Board will review the draft resolution and consider approval. The resolution outlines the procedures for conducting the Proposition 218 protest hearing process.

I.

Approve Language for Proposition 218 Hearing Notice Action: The Board will review the draft notice and consider approval of language for the notice that is scheduled to be mailed by April 27, 2012.

Ø Example Proposition 218 Hearing Notices

13.

Consider Second Reading and Adoption of Ordinance No. 150 -- Amendments to Rule 21.A -- Noticing Requirements for Water Distribution System Well Capacity Testing Action: The Board will consider the second reading and adoption of an ordinance that amends Rule 21-A (Water Distribution System Application) to require that neighboring wells owners be notified of a pending well capacity test and have an opportunity to have their well monitored during the test.  Documentation of neighbors’ responses is required prior to commencement of the test.

Ø (Copies of this PowerPoint were provided at the meeting but no presentation was given) MPWMD Presentation

Ø (Item deferred) Email from David Beech

14.

Consider First Reading of Ordinance No. 151 -- Implementing High Efficiency Toilets as the District’s Standard and Amending the District’s Water Efficiency Standards Action: The Board will review the ordinance and consider first reading. The ordinance is scheduled for second reading and adoption on May 21, 2012.

Ø (Copies of this PowerPoint were provided at the meeting but no presentation was given) MPWMD Presentation

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

15.

Authorize General Manager to Enter into Memorandum of Understanding (MOU) with Monterey Regional Water Pollution Control Agency and Cal-Am re Joint Funding of a Groundwater Replenishment Project Action: The Board will consider authorizing the District to enter into the MOU as presented.

16.

Consider Resolution No. 2012-04 Approving Full Implementation of Aquifer Storage and Recovery Water Project 2 Action: The Board will consider adoption of Resolution 2012-04 that would approve an addendum to the 2006 Aquifer Storage and Recovery Project Environmental Impact Report to enable full implementation of Water Project 2 and make required California Environmental Quality Act (CEQA) findings.

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.

17.

Letters Received

Supplemental Letter Packet

18.

Committee Reports

19.

Carmel River Fishery Report

20.

Water Conservation Program Report

21.

Monthly Allocation Report

22.

Monthly Water Supply and California American Water Production Report

23.

Quarterly Carmel River Riparian Corridor Management Program Report

24.

Quarterly Water Use Credit Transfer Status Report

ADJOURNMENT

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Ch. 28, 7 PM, Mon., April 30, May 7, 14 and 21, 2012

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

Ch. 28, 7 PM, Fri., May 4, 11, 18 and 25, 2012

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

Ch. 28, 1 PM, Sat., April 28, May 5, 12, 19 and 26, 2012

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

Ch. 25, 7 PM, Sun., April 22, 23, May 6, 13 and 20, 2012

Del Rey Oaks, Monterey, Sand City, Seaside

Upcoming Board Meetings

Mon. , May 14, 2012

Special Meeting/Board Workshop on Draft FY 2012-13 MPWMD Budget

7:00 pm

District Conference room

Mon., May 21, 2012

Regular Board Meeting

7:00 pm

District Conference room

Tues., June 12, 2012

Regular Board Meeting

7:00 pm

Regency Ballroom, Hyatt Regency

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 Friday, April 13, 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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