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, November 19, 2012

6:00 PM – Closed Session

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, November 16, 2012.

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






6:00 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))




Application of California American Water to the CPUC Application No. 12-04-019 --  Monterey Peninsula Water Supply Project




Application of California American Water Company to CPUC Application No.10-01-012 – User Fee Collection




California-American Water Company v. Monterey Peninsula Water Management District. Superior Court Case No: M113336 – Reverse Validation Action







Public Employee Performance Evaluation (Gov. Code 54957) – General Manager







Adjourn to 7 pm Session




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 Wednesday, November 14, 2012.  Staff reports regarding these agenda items will be available for public review on Thursday, November 15, through Monday, November 19 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 Monday, December 10, 2012.








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. 






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 Adoption of Minutes of Regular Board Meeting of October 15, 2012



Consider Expenditure of Budgeted Funds for Work Related to Securing Approval for Aquifer Storage and Recovery  Water Project 1 Expansion



Consider Expenditure of Budget Funds for Preparation of Preliminary Analysis of Tularcitos Groundwater Basin – Potential Future Aquifer Storage and Recovery Site







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



Ø  Revised MPWMD Presentation



Update on Development of Water Supply Projects 



Water Conservation Program Report








Report on  6:00 PM Closed Session of the Board








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 Application to Create September Ranch Water Distribution System; September Ranch Partners LLC, Applicant; MPWMD Application #20110316SEP; APN 015-071-010 and -012; 015-361-013 and -014; Carmel Valley



Action:  The Board will consider whether or not to approve the water system to serve the September Ranch Subdivision, approved by Monterey County in November 2010.  The maximum water use would be 57.21 acre-feet per year (AFY) from the September Ranch Aquifer, characterized as “semi-isolated” from the Carmel Valley Alluvial Aquifer.  As a CEQA Responsible Agency, the District relies on environmental documents certified by Monterey County as well as previous Superior Court determinations on the adequacy of the County environmental information.  



Ø  MPWMD Presentation



Ø  Supplemental Information--Comments and Requests Received on November 19, 2012 Agenda Package (submitted by MPWMD)



Ø  Supplemental Information—Revised Findings and Conditions Requested by Applicant and Concurred by Staff (submitted by MPWMD)



Ø  Page 26 from the September Ranch Subdivision Project/Revised Water Demand Analysis (submitted by MPWMD)



Ø  Letter from Dick Stott (submitted by MPWMD)



Ø  Letter from Sandra Schachter (submitted by MPWMD)



Ø  Letter from Sierra Club






Consider Second Reading and Adoption of Ordinance No. 151 -- Amending Definitions, the Residential Fixture Unit Count, High Efficiency Appliance Credits, the Variance Process, Water Efficiency Standards, and the Landscape Water Audits Rule



Action:  The Board will consider second reading and adoption of Ordinance No. 151.  If adopted it would be effective December 31, 2012.  This ordinance was processed under the California Environmental Quality Act (CEQA) with an Initial Study and a Negative Declaration will be considered.



Ø  MPWMD Presentation



Ø  Fred Meurer letter (submitted by MPWMD)



Ø  Ordinance No. 151 Errata Sheet (submitted by MPWMD)



Ø  Ordinance No. 151 Proposed Amendment #1 (submitted by MPWMD)



Ø  Ordinance No. 151 (submitted to Board on 11/19/2012)





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

Supplemental 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 on 11/19/12 at on the Monterey Channel


Rebroadcast schedule shown below.  Check your local listings for the 11/19/12 rebroadcast 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 10, 2012

Regular Board Meeting

7:00 pm

District Conference room


January 30, 2013

Regular Board Meeting

7:00 pm

District Conference room


February 27, 2013

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 15, 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.