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, May 21, 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, May 18, 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.
	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))
		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
	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, May 17, 2012.  Staff reports regarding these agenda items will be available for public review on Thursday, May 17, through Monday, May 21 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 Tuesday, June 12, 2012.
		D.	Application of Cal-Am to the CPUC (App. No. 10-09-018) -- San Clemente Dam Removal
		E.	Application of Cal-Am to the CPUC (App. No. 12-04-019) – Monterey Peninsula Water Supply Project
		F.	Richard & Sharlene Thum v. MPWMD; Superior Court Case No. M113598
	Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 One Case
	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.
	Ø Presentation from Carol Reeb
	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 Approval of Minutes of the April 16, 2012 Regular Board Meeting and April 20, 2012 Special Meeting of the Board
	2.	Consider Expenditure of Budgeted, Reimbursable Funds for Water Project 2 Aquifer Storage and Recovery (ASR) Well Construction
	3.	Consider Ratification of Decision to Decline Participation in California Association of Water Agencies Sponsorship Program for 2012
	4.	Receive Notice of Appointments to Carmel River Advisory Committee
	5.	Consider Adoption of Resolution No. 2012-05 Approving Membership in Association of California Water Agencies Joint Powers Insurance Authority
	6.	Receive and File Third Quarter Financial Activity Report for Fiscal Year 2011-12
	7.	Consider Approval of Third Quarter Fiscal Year 2011-12 Investment Report
	8.	Consider Adoption of Treasurer's Report for March 2012
	GENERAL MANAGER’S REPORT
	9.	Status Report on California American Water Compliance with State Water Resources Control Board Order 2009-0060 and Seaside Groundwater Basin Adjudication Decision
	10.	Update on Development of Water Supply Projects; Review Memorandum on Water Supply Needs
		Ø Presentation from Carol Reeb
	ATTORNEY’S REPORT
	11.	Report on April 20, 2012 and May 21, 2012 Board Closed Sessions
	DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
	12.	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.
	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. This item was deferred from the April 16, 2012 Board meeting.
		Ø MPWMD Presentation
	14.	Consider First Reading of Ordinance No. 153 -- Extending the Deadline for Existing Non-Residential Retrofits, Adding an Increased Rebate for Cistern Storage Capacity and Amending Definitions Action: The Board will review and consider adoption of first reading of an ordinance that would increase the Rebate amount for the first 500 gallons of Cistern storage capacity, and extend the mandatory Non-Residential retrofit requirements for one year.
		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.
	15.	Receive and Confirm Water Supply Forecast for Period of May 1, 2012 through September 30, 2013 Action: Staff will present information regarding available water storage as of May 1, 2012, and expected Water Demand through September 30, 2013. Based on this information, staff will recommend whether or not additional, mandatory water demand reductions are needed at this time.
		Ø MPWMD Presentation
	16.	Review Proposed MPWMD Filing for Party Status in CPUC Application 12-04-019 Action: The Board will discuss and approve language reflecting the District’s interests in and disposition in the California American Water Monterey Peninsula Supply Project Application.
	17.	Review Proposed MPWMD Budget for Fiscal Year 2012-2013 Action: The Board will review the proposed budget for Fiscal Year 2012-2013. General direction will be given to staff but the Board will take no formal action. The Board is scheduled to consider adoption of the budget at the regular monthly meeting on June 12, 2012.
		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.
	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, select Monterey Channel
	Ch. 28, 7 PM, Mon., June 4, 11 and 18, 2012							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
	Ch. 28, 7 PM, Fri., June 1, 16, 18 and 22, 2012							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
	Ch. 28, 1 PM, Sat., June 22, 9, 16 and 23, 2012							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
	Ch. 25, 7 PM, Sun., May 27, June 3, 10 and 17, 2012							Del Rey Oaks, Monterey, Sand City, Seaside
	Upcoming Board Meetings
	Tues., June 12, 2012			Regular Board Meeting					7:00 pm	Hyatt Regency Monterey, Regency Ballroom
	Mon., July 16, 2012			Regular Board Meeting					7:00 pm	District Conference room
	Mon., August 20, 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 Thursday, May 17, 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.

U:\staff\Boardpacket\2012\20120521\0521agenda.docx