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 20,  2009

5:30 PM – Closed Session

Grill at Ryan Ranch, Cork Room, 1 Harris Court, Suite 103, Monterey, CA

7:00 PM – Regular Board Meeting

Conference Room, Monterey Peninsula Water Management District

5 Harris Court, Bldg G, Monterey, CA

 

Director Doyle will participate in the 5:30 PM and  7 PM sessions by telephone from

3-19 Minami Yamanotedai, Kumatori-cho, Sennan-gun, OSAKA-fu JAPAN 590-04

 

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/2009/2009.htm

by 5 PM on Friday, April 24, 2009.

The 7 PM Meeting will be televised on Comcast Channel 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 California American Water Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project

 

 

 

 

 

 

 

 

 

Board of Directors

Kristi Markey, Chair – Division 3

Regina Doyle, Vice Chair – Division 4

Alvin Edwards – Division 1

Judi Lehman – Division 2

Bob Brower – Division 5

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors

 

General Manager

Darby W. Fuerst

 

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Thursday, April 16, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, April 16, 2009, through Monday, April 20, 2009 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/2009/2009.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 Thursday, May 21, 2009.

 

 

 

 

 

 

B.

Application of California-American Water Company to California Public Utilities Commission for an Order Authorizing a Special Conservation Program and Modifications to its Rate Design in its Monterey District, and Authorization to Increase its Rates for Water Service in its Monterey District – Conservation Program (Application Nos. 07-12-010, 08-01-018)

 

 

C.

Application of California -American Water Company to California Public Utilities Commission for Authorization to Increase Revenues for Water Service in its Monterey District in the years 2009; 2010; and 2011 – General Rate Case (Application No. 08-01-027)

 

 

D.

State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR

 

 

E.

State Water Resources Control Board Complaint re CAW (Sierra Club, Ventana Chapter, and Carmel River Steelhead Association)

 

 

 

 

4.

Conference with Labor Negotiators (Gov. Code §54957.6)

 

 

Agency Designated Representatives:  Rick Dickhaut, Cynthia Schmidlin, Darby Fuerst

 

 

Employee Organization:  General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792

 

 

Unrepresented Employees:  Confidential Unit

 

 

 

 

5.

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

 

 

California American Water v. City of Seaside et al. (Case No.: M 66343)

 

 

 

 

6.

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 16, 2009  Special Board Meeting and March 26, 2009 Regular Board Meeting

 

2.

Consider Adoption of Resolution No. 2009-01 Regarding Director Participation in District Health Insurance Plans

 

3.

Consider Adoption of Resolution No. 2009--02  Declaring May as Water Awareness Month

 

4.

Consider Adoption of Resolution No. 2009--03 Ordering an Election for Voters in Divisions 1 and 2,  Requesting County Elections to Conduct the Election, and Requesting Consolidation of the Election

 

5.

Consider Expenditure of Budgeted Funds to Contract with Ventana Wildlife Society for Carmel River Avian Habitat Monitoring

 

6.

Consider Expenditure of Budgeted Funds to Purchase Water Conservation Equipment

 

7.

Consider Expenditure of Budgeted Funds to Purchase Irrigation System Rain Sensors

 

8.

Consider Expenditure of Budgeted Funds to Repair Rooftop Air Conditioning Unit at 5 Harris Court, Building G

 

9.

Consider Expenditure of Budgeted Funds to Purchase Compact Sports Utility Vehicle

 

10.

Authorize a Change to the Organization Chart Replacing One Conservation Representative I/II Position with a Conservation Analyst Position

 

11.

Receive and File District-Wide Annual Water Distribution System Production Summary Report for Water Year 2008

 

12.

Receive and File District-Wide Annual Water Production Summary Report for Water Year 2008

 

13.

Receive and File Water Year 2008 Seaside Basin Aquifer Storage and Recovery Summary Report

 

14.

Consider Adoption of Treasurer's Report for February 2009

 

 

 

 

PRESENTATIONS

 

15.

Monthly Report from California American Water General Manager, Craig Anthony

 

16.

Water Supply Project Alternatives Update

 

17.

Water Conservation Program Report

 

 

 

 

GENERAL MANAGER’S REPORT

 

18.

Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision

 

 

 

 

ATTORNEY’S REPORT

 

19.

Report on 5:30 PM Closed Session of the Board

 

 

 

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

 

20.

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.

 

21.

Consider Approval of Draft 2008 MPWMD Annual Report

Action:  The District’s enabling legislation requires that each year a public hearing be conducted on the annual report.  At the March 2009 meeting, this item was deferred to April 2009.

 

 

PowerPoint Presentation

 

 

 

 

22.

Consider First Reading of Ordinance No. 139 -- Amending the Rebate Program to Disallow Both a Rebate and Water Credit for a Single Qualifying Device

Action:  The Board will consider first reading of an ordinance that would require repayment of rebate money before a water permit is issued, when that permit makes use of a water credit for the rebated fixtures.  Development of this ordinance was prompted by concerns raised by the California Public Utilities Commission’s Division of Ratepayer Advocates about the practice of allowing the reuse of water savings that result from the District’s rebate program.

 

 

PowerPoint presentation

 

 

 

 

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

 

23.

Review Special Meeting of MRWPCA Board of Directors and Ad Hoc Water Supply Planning Committee Regarding Development of Long-Term Agreements Among MRWPCA, MCWD, and MCWRA to Support the Proposed Regional Water Project, and Direct Preparation of a District Response

Action:  The Board will review the action taken by the Monterey Regional Water Pollution Control Agency (MRWPCA) Board and Ad Hoc Water Supply Planning Committee on March 23, 2009, to develop long-term water supply agreements among MRWPCA, Marina Coast Water District, and Monterey County Water Resources Agency to support the Regional Water Project proposed by the Water for Monterey County Coalition.  These agreements are being developed by a nine-member negotiation committee and are scheduled to be completed by April 22, 2009.  The Board will provide direction to staff regarding preparation of a District response. 

 

 

PowerPoint 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.

 

24.

Letters Received

Letter Packet

 

25.

Committee Reports

 

26.

Carmel River Fishery Report for March 2009

 

27.

Water Conservation Program Report

 

28.

Monthly Allocation Report

 

29.

Monthly California American Water Production Report

 

30.

Monthly Water Supply Status Report

 

31.

Quarterly Water Supply Project Status Report

 

32.

Quarterly Irrigation Program and Riparian Projects Report

 

33.

Quarterly Carmel River Erosion Protection and Restoration Projects Report

 

34.

Quarterly Water Use Credit Transfer Status Report

 

 

 

 

ADJOURNMENT

 

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at www.ampmedia.org/asx/monterey25.asx

 

Live Broadcast

 

 

Mon.,  April 20, 2009, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside

 

Rebroadcast

 

 

Ch. 28, 7 PM, Mon., April 27, May 4, 11 & 18 

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

 

Ch. 28, 7 PM, Fri., May 1, 8, 15 & 22

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

 

Ch. 28, 1 PM, Sat., May 2, 8, 15 & 22

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

 

Ch. 25, 7 PM, Sun., April 26, May 3, 11 & 18

Del Rey Oaks, Monterey, Sand City, Seaside

 

 

 

 

 

 

 

Upcoming Board Meetings

 

May 20, 2009

Special Board Meeting

8:30 AM

District Office

 

May 21, 2009

Regular Board Meeting

7:00 PM

District Office

 

May 28, 2009

Special Board Meeting/Workshop

7:00 PM

District Office

 

 

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.  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 April 17, 2009.  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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