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.







Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


Monday, May 21, 2012

5:30 PM – Closed Session

Monterey Peninsula Airport District, Board Room

Suite 200, Second Floor, Terminal Building

200 Fred Kane Drive, 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 
by 5 PM on Friday, May 18, 2012.

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.




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





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




MPWMD v. State Water Resources Control Board; Santa Clara Superior Court Case No. 1-10-CV-163328  -- Cease and Desist Order




Application of California American Water Company to CPUC Application No.10-01-012 – User Fee Collection ; Cal-Am v. MPWMD; M113336




Application of California American Water to the CPUC (Application No. 04-09-019)  Coastal Water Project






Board of Directors

David Potter, Chair – Monterey County

Board of Supervisors

David Pendergrass, Vice Chair – Mayoral Representative

Brenda Lewis – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Jeanne Byrne – Division 4

Robert S. Brower, Sr. – Division 5


General Manager

David J. Stoldt


This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Thursday, May 17, 2012.  Staff reports regarding these agenda items will be available for public review on Thursday, May 17, through Monday, May 21 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  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 Tuesday, June 12, 2012.









Application of Cal-Am to the CPUC (App. No. 10-09-018)  -- San Clemente Dam Removal




Application of Cal-Am to the CPUC (App. No. 12-04-019) – Monterey Peninsula Water Supply Project




Richard & Sharlene Thum v. MPWMD; Superior Court Case No. M113598





Conference with Legal Counsel – Anticipated Litigation

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9

One Case





Adjourn to 7 pm Session





7 PM -- Regular Board Meeting















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. 


Ø  Presentation from Carol Reeb




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. 



Consider Approval of Minutes of the April 16, 2012 Regular Board Meeting and April 20, 2012 Special Meeting of the Board



Consider Expenditure of Budgeted, Reimbursable Funds for Water Project 2 Aquifer Storage and Recovery (ASR) Well Construction



Consider Ratification of Decision to Decline Participation in California Association of Water Agencies Sponsorship Program for 2012



Receive Notice of Appointments to Carmel River Advisory Committee



Consider Adoption of Resolution No. 2012-05 Approving Membership in Association of California Water Agencies Joint Powers Insurance Authority



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



Consider Approval of Third Quarter Fiscal Year 2011-12 Investment Report



Consider Adoption of Treasurer's Report for March 2012







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



Update on Development of Water Supply Projects; Review Memorandum on Water Supply Needs  



Ø  Presentation from Carol Reeb








Report on  April 20, 2012 and May 21, 2012 Board Closed Sessions








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.



Consider Second Reading and Adoption of Ordinance No. 150 -- Amendments to Rule 21.A -- Noticing Requirements for Water Distribution System Well Capacity Testing

Action:    The Board will consider the second reading and adoption of an ordinance that amends Rule 21-A (Water Distribution System Application) to require that neighboring wells owners be notified of a pending well capacity test and have an opportunity to have their well monitored during the test.  Documentation of neighbors’ responses is required prior to commencement of the test.  This item was deferred from the April 16, 2012 Board meeting.



Ø  MPWMD Presentation






Consider First Reading of Ordinance No. 153 -- Extending the Deadline for Existing Non-Residential Retrofits, Adding an Increased Rebate for Cistern Storage Capacity and Amending Definitions

Action:  The Board will review and consider adoption of first reading of an ordinance that would increase the Rebate amount for the first 500 gallons of Cistern storage capacity, and extend the mandatory Non-Residential retrofit requirements for one year.



Ø  MPWMD Presentation





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



Receive  and Confirm Water Supply Forecast for Period of May 1, 2012 through September 30, 2013

Action:  Staff will present information regarding available water storage as of May 1, 2012, and expected Water Demand through September 30, 2013.  Based on this information, staff will recommend whether or not additional, mandatory water demand reductions are needed at this time.



Ø  MPWMD Presentation






Review Proposed MPWMD Filing for Party Status in CPUC Application 12-04-019

Action:  The Board will discuss and approve language reflecting the District’s interests in and disposition in the California American Water Monterey Peninsula Supply Project Application.






Review Proposed MPWMD Budget for Fiscal Year 2012-2013

Action:  The Board will review the proposed budget for Fiscal Year 2012-2013.  General direction will be given to staff but the Board will take no formal action.  The Board is scheduled to consider adoption of the budget at the regular monthly meeting on June 12, 2012.



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.



Letters Received

Letter Packet



Committee Reports



Carmel River Fishery Report



Water Conservation Program Report



Monthly Allocation Report



Monthly Water Supply and California American Water Production  Report





















Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at, select Monterey Channel





Ch. 28, 7 PM, Mon., June 4, 11 and 18, 2012

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


Ch. 28, 7 PM, Fri., June 1, 16, 18 and 22, 2012

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


Ch. 28, 1 PM, Sat.,  June 22, 9, 16 and 23, 2012

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


Ch. 25, 7 PM, Sun., May 27, June 3, 10 and 17, 2012

Del Rey Oaks, Monterey, Sand City, Seaside





Upcoming Board Meetings


Tues., June 12, 2012

Regular Board Meeting

7:00 pm

Hyatt Regency Monterey, Regency Ballroom


Mon., July 16, 2012

Regular Board Meeting

7:00 pm

District Conference room


Mon., August 20, 2012

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, May 17, 2012.  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.