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, November 18, 2013 5:30 PM – Closed Session 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 Friday, November 15, 2013. 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.	Application of Cal-Am to the CPUC (No. 12-04-019) – Monterey Peninsula Water Supply Project
		B.	Application of Cal-Am to the CPUC (No. 13-07-002) – 2013 General Rate Case
		C.	MPTA v. MPWMD; Monterey Superior Court No. M 123512
		D.	Thum v. MPWMD; Monterey Case No. M113598; 6^th District Appellate Case #H039566)
		E.	MPWMD v. SWRCB; Santa Clara 1-10-CV-163328 – CDO (6^th District Appellate Case #H039566)
		F.	MPWMD v. CPUC (Cal-Am); CA Supreme Court Case No. S208838
		G.	Water Plus v. MPWMD, Case No. M125274
	4.	Adjourn to 7 pm Session
	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 Thursday, November 14, 2013.  Staff reports regarding these agenda items will be available for public review on Friday, November 15 through Monday, November 18 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 Monday, December 9, 2013.
	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.	Approve Minutes of October 21, 2013 Regular Board Meeting
	2.	Authorize Expenditure of Funds for California American Water Design Build Procurement Process
	3.	Consider Expenditure of Funds to Contract with Underwriter for Monterey Peninsula Water Supply Project
	4.	Authorize Expenditure for Final Wellhead Completion Work at Phase 1 Aquifer Storage and Recovery Facility
	5.	Authorize Expenditure for Final Wellhead Completion Work at Phase 2 Aquifer Storage and Recovery Facility
	6.	Consider Adoption of Resolution No. 2013-29 to Amend the Scope of the General Manager’s Delegated Authority to Approve Expenditures, and Establish the Process by which Emergency Funds are Authorized
	7.	Consider Approval of Amendment to General Manager's Contract
	8.	Receive Alternative Measurement Method Report for Determining Annual Costs for Post-Employment Medical Benefits
	9.	Consider Expenditure of Funds for Non-Residential Community Outreach
	10.	Consider Approval of Fourth Quarter Fiscal Year 2012-2013 Investment Report
	11.	Consider Adoption of Resolution No. 2013-30 – Expressing Appreciation to Judi Lehman for 12 Years of Service as Division 2 Director
	PRESENTATION TO JUDI LEHMAN, OUTGOING DIRECTOR, DIVISION 2
	GENERAL MANAGER’S REPORT
	12.	Status Report on California American Water Compliance with State Water Resources Control Board Order 2009-0060 and Seaside Groundwater Basin Adjudication Decision
	13.	Update on Development of Water Supply Projects
		Ø Statewide Water Action Plan for California (Document from the Association of California Water Agencies)
	14.	Progress on Implementation of Tyler Incode Software
	ATTORNEY’S REPORT
	15.	Report on 5:30 PM Closed Session of the Board
	DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
	16.	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.
	17.	Consider Second Reading and Adoption of Ordinance No. 156 -- Clarifying and Amending Terms and Procedures Related to Water Permits, Water Use Credits, Rebates and Landscape Water Audits
		Action: The Board will consider adoption of an ordinance to clarify and amend terms and procedures related to Water Permits, Water Use Credits, Rebates and Landscape Water Audits. The ordinance clarifies definitions and procedures, including resolving a problematic issue related to the interchangeability of Standard Bathtubs and Showers; revising the fixture unit value for Ultra-Low Flush Toilets by 1/1,000th of an Acre-Foot; continuing the conservation incentive (Rule 25.5, Table 4) for Ultra-Low Flush Toilets replaced with High Efficiency Toilets or Ultra High Efficiency Toilets; adding Rebates for flapper replacements and replacement of Ultra-Low Flush Toilets with High Efficiency Toilets; and amending Rule 172 to conform with amendments to Rule 11 (Definitions) related to Landscape Irrigation Auditors. Public comment will be received.
		Ø MPWMD Presentation
	18.	Consider First Reading of Ordinance No. 157, An Ordinance Amending Rule 11 (Definitions), Revising Rule 23-A-1-I Regarding Water Measuring Device Requirements and Amending the Title of Rule 144
		Action: The Board will consider an ordinance that adds a definition for Capacity Fee (with the same definition as Connection Charge) and that revises language in Rule 23-A-1-I to clarify when individual Water Measuring Devices are required. Public comment will be received.
		Ø MPWMD Presentation
	19.	Consider First Reading of Ordinance No. 158, An Ordinance to Amend Rule 28-B to Establish the Jurisdiction as Lead Agency for Evaluation of a Water Use Credit Transfer and to Allow Approval of an Application by the General Manager
		Action: The Board will consider the first reading of an ordinance that amends Rule 28, Permit and Water Use Credit Transfers, to defer lead agency status to the land use Jurisdiction. The Jurisdiction would be the lead for review of environmental impacts associated with a Water Credit
		transfer project. MPWMD will be a responsible agency under CEQA and will review and comment on the Jurisdiction’s CEQA analysis. MPWMD will also conduct the final completeness review of any transfer application that is referred to the District by the Jurisdiction. Decisions made pursuant to this rule are appealable to the Board. Public comment will be received.
		Ø MPWMD Presentation
		Ø Letter from the Law Offices of Michael W. Stamp
	ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
	20.	Consider Changes to MPWMD Rules and Regulations for Water Distribution System Permits
		Action: The Board will consider a proposed concept to change the MPWMD Rules & Regulations for Water Distribution Systems (WDS), which primarily focuses on wells.  The Board will provide policy direction to staff on the degree of regulation appropriate for different situations, which will be used to prepare a new ordinance and environmental review for consideration in early 2014.  This effort responds to the Board’s April 2013 direction to make the WDS permit process more streamlined and reduce duplication.  Public comment will be received.
		This item was continued to the December 9, 2013 Board 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.
	21.	Letters Received				Letter Packet
	22.	Committee Reports
	23.	Carmel River Fishery Report
	24.	Water Conservation Program Report
	25.	Monthly Allocation Report
	26.	Monthly Water Supply and California American Water Production Report
	27.	Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project
	ADJOURNMENT
	Board Meeting Broadcast Schedule – Comcast Channels 25 & 28 Live webcast at www.ampmedia.org on the Monterey Channel
	Broadcast schedule shown below. Check your local listings for the 11/18/13 meeting broadcast 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
	December 9, 2013			Regular Board Meeting				7:00 pm	District Conference room
	Wed., January 29, 2014			Regular Board Meeting				7:00 pm	District Conference room
	Wed. February 26, 2014			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, November14, 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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