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 and Closed Session

Board of Directors

Monterey Peninsula Water Management District

******************

Monday, November 16, 2015,

5:45 pm Closed Session

2999 Salinas Highway, Monterey, CA 93940

7:00 pm Regular Meeting

Conference Room, Monterey Peninsula Water Management District

5 Harris Court, Building G, Monterey, CA

Staff notes will be available on the District web site at http://www.mpwmd.net/asd/board/boardpacket/2015 
by 5 PM on Friday, November 13, 2015.

 

Brenda Lewis will participate by telephone from 1758 Broadway Avenue, Seaside, CA 93955

The 7 PM Meeting will be televised on Comcast Channels 25 & 28.  Refer to broadcast schedule on page 3.

 

 

 

5:45 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

 

1.

Conference with Real Property Negotiators (Gov. Code 54956.8)

 

 

A.

Address: 1910 General Jim Moore Blvd., Seaside, CA  93955

 

 

 

Agency Negotiator: David J. Stoldt, General Manager

 

 

 

Under Negotiation: Price and Terms

 

2.

Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))

 

 

A.

MPWMD v. SWRCB; Santa Clara 1-10-CV-163328 – CDO

 

 

 

ADJOURN TO 7 PM SESSION

 

 

 

 

 

 

 

 

 

 

 

Board of Directors

Kristi Markey, Chair – Division 3

Jeanne Byrne, Vice Chair – Division 4

Brenda Lewis – Division 1

Andrew Clarke - Division 2

Robert S. Brower, Sr. – Division 5

David Pendergrass, Mayoral Representative

David Potter, Monterey County Board of

Supervisors Representative

 

General Manager

David J. Stoldt

 

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Tuesday, November 10, 2015.  Staff reports regarding these agenda items will be available for public review on 11/12/15,  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.net/asd/board/boardpacket/2015. 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 December 14, 2015 at 7 pm.

 

 

 

7 PM REGULAR MEETING

 

 

 

 

CALL TO ORDER/ROLL CALL

 

 

 

PLEDGE OF ALLEGIANCE

 

 

 

ORAL COMMUNICATIONS:  Anyone wishing to address the Board on Consent Calendar, Information Items, Closed Session 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 October 19, 2015 Regular Board Meeting

 

2.

Consider Adoption of Resolution 2015-20 Update to Rule 24, Table 3, Capacity Fee History

 

3.

Consider Approval of Revised Deed Restriction Template No. 1.8 –Notice and Deed Restriction Regarding Limitation on Use of Water on a Property with Sub-Metering

 

4.

Consider Adoption of Resolution No. 2015 – 21 Expressing Appreciation to Kristi Markey for Twelve Years of Service as Division 3 Director

 

5.

Consider Approval of First Quarter Fiscal Year 2015-2016 Investment Report

 

6.

Consider Adoption of Treasurer's Report for September 2015

 

 

 

PRESENTATIONS

 

7.

Presentation to Outgoing Director Division 3 – Kristi Markey

 

8.

Presentation to Henrietta Stern Upon Her Retirement after 30 Years of Service to the MPWMD

 

9.

Presentation from Monterey Peninsula Unified School District on Recent Water Conservation Successes

 

 

 

 

GENERAL MANAGER’S REPORT

 

10.

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

 

11.

Update on Development of Water Supply Projects

 

12.

Report on Drought Response

 

13.

Report on Readiness for Aquifer Storage and Recovery Activities

 

14.

Report on GASB 68 Reporting Requirements

 

 

 

 

ATTORNEY’S REPORT

 

15.

Report from District Counsel on 5:45 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 First Reading of Ordinance No. 166 Amending Rule 11 and Adding Rule 23.8 to Establish a Water Entitlement for D.B.O. Development No. 30,  A California Limited Liability Company

 

 

Action:  The Board will consider authorizing an entitlement to D.B.O. Development No. 30 to allow use of a Seaside Groundwater Basin Water Right on other Cal-Am Sites.

 

 

 

 

18.

Consider Approval of Application #WDS-20150922 DBO to Amend California American Water Distribution System – Transfer of D.B.O. Development Water Rights in Seaside Basin, APN 011-011-051 (Donor Parcel), Sand City

 

 

Action:  The Board will consider approval of a transfer of Seaside Groundwater Basin water rights to California American Water (CAW) from a parcel owned by D.B.O. Development No. 30 (DBO), as allowed by the Superior Court’s Adjudication Decision and the Seaside Basin Watermaster.  This action would result in 15.0 acre-feet per year (AFY) of CAW production, equivalent to 13.95 AFY metered sales, becoming available for use by future DBO-designated recipient parcels in the Seaside Basin.   A “Front-Loading Agreement” between DBO and CAW as well as conditions of approval imposed by MPWMD would ensure that the additional CAW water deliveries are derived from CAW’s wells in the Seaside Basin Coastal Subarea.

 

 

 

 

19.

Consider Approval of Application to Amend State Water Resources Control Board Cease and Desist Order 2009-0060

 

 

Action:  The Board will consider giving the General Manager authorization to sign the Application to Modify the Cease and Desist Order on behalf of the Board.

 

 

 

 

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

 

20.

Discussion of Pure Water Monterey Project California Public Utilities Commission Settlement Agreement Criteria

 

 

No action to be taken.  Discussion only.

 

 

 

 

21.

Discussion of Pure Water Monterey Project Water Purchase Agreement Risks and Performance Obligations

 

 

No action to be taken.  Discussion only.

 

 

 

 

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

 

22.

Authorize Expenditure of Unbudgeted Funds for Pure Water Monterey Project Design Bid Packages

 

 

Action:  The Board will consider authorizing an expenditure of unbudgeted funds for contracts for design-bid components and preparation of bid packets for construction manager at risk (CMAR) components.   

 

 

 

 

23.

Consider Approval of Ground Lease with City of Seaside for Santa Margarita ASR Site Expansion

 

 

Action: The Board will consider the recommendation from its closed session discussion of this property negotiation and provide direction to the General Manager regarding execution of the ground lease with the City of Seaside.

 

 

 

 

24.

Consider Distribution of Funds for Local Project Grant Funding

 

 

Action:  The Board will consider distribution of funds from the Local Project Grant Funding Program to the City of Monterey.

 

 

 

 

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.

 

25.

Letters Received

Letter Packet

 

26.

Committee Reports

 

27.

Monthly Allocation Report

 

28.

Water Conservation Program Report

 

29.

Quarterly Water Use Credit Transfer Status Report

 

30.

Carmel River Fishery Report

 

31.

Receive and File First Quarter Financial Activity Report for Fiscal Year 2015-16

 

 

 

ADJOURNMENT

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

View Live Webcast at Ampmedia.org

 

Ch. 25, Sundays, 7 PM

Monterey

 

Ch. 25, Mondays, 7 PM

Monterey, Del Rey Oaks, Pacific Grove, Sand City, Seaside  

 

Ch. 28, Mondays, 7 PM

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

 

Ch. 28, Fridays, 9 AM

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

 

 

 

 

Upcoming Board Meetings

 

Mon. December 14, 2015

Regular Board Meeting

7:00 pm

District conference room

 

Wed. January 27, 2016

Regular Board Meeting

7:00 pm

District conference room

 

Wed. February 17, 2016

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, November 12, 2015.  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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