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 ****************** Wednesday, January 30, 2013 5:30 PM – Closed Session Tarpy’s Roadhouse Restaurant, Tack Room 2999 Monterey Salinas Highway, 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/2013/2013.htm by 5 PM on Monday, January 28, 2013. 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.

Application of California American Water to the CPUC Application No. 12-04-019 -- Monterey Peninsula Water Supply Project

B.

Application of California American Water Company to CPUC Application No.10-01-012 – User Fee Collection

C.

MPWMD v. SWRCB; Santa Clara Superior Court Case No. 1-10-CV-163328 – Cease & Desist Order

D.

Thum v. MPWMD; Superior Court Case No. M113598

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

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Friday, January 25, 2013.  Staff reports regarding these agenda items will be available for public review on Friday, January 25, through Wednesday, January 30 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/2013/2013.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 Wednesday, February 27, 2013.

4.

Liability Claim

Claimant: Sarah Bennett

Agency Claimed Against: MPWMD

5.

Public Employee Performance Evaluation (Gov. Code 54957) – General Manager

6.

Adjourn to 7 pm Session

7 PM -- Regular Board Meeting

CALL TO ORDER/ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATION TO OUTGOING BOARD CHAIR, DAVID POTTER, REPRESENTATIVE TO MONTEREY COUNTY BOARD OF SUPERVISORS

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 December 10, 2012 Regular Board Meeting and January 14, 2013 Special Board Meeting

2.

Ratify Board Committee Assignments for Calendar Year 2013

3.

Confirm Appointments to Ordinance No. 152 Oversight Panel

4.

Consider Adoption of Resolution No. 2013-01 – Amend MPWMD Conflict of Interest Code

5.

Consider Approval of First Quarter 2012-2013 Investment Report

6.

Receive and File Fourth Quarter Financial Activity Report for Fiscal Year 2011-12

7.

Receive and File First Quarter Financial Activity Report for Fiscal Year 2012-13

8.

Consider Adoption of Treasurer's Report for July 2012

9.

Consider Adoption of Treasurer's Report for August 2012

10.

Consider Adoption of Treasurer's Report for September 2012

GENERAL MANAGER’S REPORT

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

13.

Update on California Pension Reform

ATTORNEY’S REPORT

14.

Report on 5:30 pm Closed Session of the Board

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

15.

Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations

REPORTS/PRESENTATIONS

16.

Update on Cal-Am Laguna Seca Subarea Water Production

17.

Update on Aquifer Storage and Recovery Injection Operations – Water Year 2013 to Date

Ø MPWMD presentation

PUBLIC HEARINGS – No public hearing items were submitted for Board consideration.

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

18.

Consider Changes to Project Sizing by California American Water

Action: Board should discuss and determine if it would like to adopt a formal position of support, disagreement, or neutrality, and direct staff to include in District testimony.

Ø MPWMD presentation

Ø Letter to Honorable Gary Weatherford from Beverly Bean (submitted by MPWMD staff)

19.

Provide Guidance to Staff Regarding District Positions for Testimony due February 22, 2013 in CPUC Application 12-04-019

Action: Board should discuss and recommend “high level” policy guidance for development of the District’s February testimony.

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.

Letters Received

Letter Packet

21.

Committee Reports

22.

Carmel River Fishery Report

23.

Water Conservation Program Report

24.

Monthly Allocation Report

25.

Monthly Water Supply and California American Water Production Report

26.

Quarterly Carmel River Riparian Corridor Management Program Report

27.

Quarterly Water Use Credit Transfer Status Report

ADJOURNMENT

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Rebroadcast schedule shown below. Check your local listings for the 1/30/13 rebroadcast dates

Ch. 25, Mondays, 7 PM

Del Rey Oaks, Monterey, Sand City, Seaside

Ch. 28, Mondays, 7 PM

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

Ch. 25, Thursday, Noon

Del Rey Oaks, Monterey, Sand City, Seaside

Ch. 25, Fridays, Noon

Del Rey Oaks, Monterey, Sand City, Seaside

Ch. 28, Fridays, 7 PM

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

Ch. 28, Saturdays, 1 PM

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

Upcoming Board Meetings

Wednesday, February, 27, 2013

Regular Board Meeting

7:00 pm

District Conference room

Monday, March 18, 2013

Regular Board Meeting

7:00 pm

District Conference room

Wednesday, March 27, 2013

Tentative -- Special Meeting/Board Workshop

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 Monday, January 28, 2013. 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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