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, August 17,  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

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, August 14, 2009.

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

 

 

B.

Seaside v. California American Water  (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case NO. M 66343)

 

 

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)

 

 

 

 

 

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, August 13, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, August 13, through Monday, August 17 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 Monday, September 21, 2009.

 

 

 

 

 

 

D.

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

 

 

E.

Sierra Club, Carmel River Steelhead Association v. California American Water, Gary Locke, Department Of Commerce, Dr. Jane Lubchenko (NOAA), and Rodney McInnis (NMFS), (U.S. District Court, Northern District. Case No. 09 2870)

 

 

F.

California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)

 

 

G.

Monterey Peninsula Water Management District v. Roy Woods, et al., (Case No. M 83499)

 

 

H.

Monterey Peninsula Water Management District v. Nick Marotta, Jr., et al., (Case No. M 83498)

 

 

 

 

4.

Conference with Labor Negotiators (Gov. Code 54957.6)

 

 

Agency Designated Representative:  Darby Fuerst

 

 

Unrepresented Employees:  Confidential Unit

 

 

 

 

5.

Adjourn to the 7 PM Regular Board meeting.  The Closed Session will reconvene following adjournment of the 7 PM Regular Board meeting. 

 

 

 

 

 

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 July 20, 2009 Regular Board Meeting

 

2.

Adopt Findings of Denial for Appeals of General Manager’s March 20, 2009 Decision Regarding Hidden Hills Unit of California American Water Distribution System – (1) Gary E. Wiegand, (2) James Douglas Meador and Luann Meador, and (3) California American Water

 

3.

Receive Notice of Appointments to Carmel River Advisory Committee

 

4.

Consider Adoption of Resolution 2009-11 Amending Table 1:  Residential Fixture Unit Count Values

 

5.

Consider Expenditure of Budgeted Funds for Extension of Cooperative Agreement with United States Geological Survey for Streamflow Gaging in Water Year 2010

 

6.

Consider Expenditure of Budgeted Funds for the Purchase of Integrated Technology Support Hardware and Data

 

7.

Consider Expenditure of Budgeted Funds for Landscape Irrigation Audits/Budgets (Rule 172) and Authorize the General Manager to Renew Contracts with Spot Water Management and Pacific Water Management for Auditing Services

 

8.

Receive 2006-07 Mitigation Program Annual Report

 

9.

Consider Approval of Fourth Quarter Fiscal Year 2008-09 Investment Report

 

 

 

 

PRESENTATIONS

 

10.

Monthly Report from California American Water General Manager, Craig Anthony

 

11.

Water Supply Project Alternatives Update

 

12.

Water Conservation Program Report

 

GENERAL MANAGER’S REPORT

 

13.

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

 

14.

Report on August 6, August 10 and August 17, 2009 Closed Sessions 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

 

 

 

 

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

 

No Public Hearing Items are scheduled for Board consideration.

 

 

 

 

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

 

No Action Items are scheduled for Board consideration.

 

 

 

 

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.

 

16.

Letters Received

 

17.

Committee Reports

 

18.

Carmel River Fishery Report for July 2009

 

19.

Water Conservation Program Report for June 2009

 

20.

Water Conservation Program Report for July 2009

 

21.

Monthly Allocation Report

 

22.

Monthly California American Water Production Report

 

23.

Monthly Water Supply Status Report

 

 

 

 

ADJOURN AND RECONVENE 5:30 PM CLOSED SESSION

 

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

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

 

Live Broadcast

 

 

Mon.  August 17, 2009, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside

 

Rebroadcast

 

 

Ch. 28, 7 PM, Mon. Aug. 24, 31, Sept. 7 & 14

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

 

Ch. 28, 7 PM, Fri., Aug. 28, Sept. 4, 11, 18 & 25

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

 

Ch. 28, 1 PM, Sat., Aug. 29, Sept. 5, 12, 19 & 26

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

 

Ch. 25, 7 PM, Sun., Aug. 23, 30, Sept. 6, 13 & 20

Del Rey Oaks, Monterey, Sand City, Seaside

 

 

 

Upcoming Board Meetings

 

Monday, September 21, 2009

Regular Meeting

7:00 PM

District Office

 

Monday, October 19, 2009

Regular Meeting

7:00 PM

District Office

 

Monday, November 16, 2009

Regular Meeting

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 August 13, 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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