Revised 4/18/08

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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.

REVISED AGENDA Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** Monday, April 21, 2008 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/2008/2008.htm by 5 PM on Friday, April 18, 2008. 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.	Application of California American Water Company to the California Public Utilities Commission -- Application No. 07-02-023 -- Allowance for Funds Used During Construction (AFUDC) for its San Clemente Dam Memorandum Account
Board of Directors Judi Lehman, Chair – Division 2 Kristi Markey, Vice Chair – Division 3 Alvin Edwards – Division 1 Regina Doyle – Division 4 Bob Brower – Division 5 David Pendergrass – Mayoral Representative David Potter – Monterey County Board of Supervisors General Manager Darby Fuerst						This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Friday, April 18, 2008.  Staff reports regarding these agenda items will be available for public review on Thursday, April 17, through Monday, April 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 http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/2008.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, May 19, 2008.
	C.	Application of California-American Water Company to California Public Utilities Commission for a Special Conservation Program and Design Modifications Rate in its Monterey District (Application No. 07-12-010) – Conservation Program Application
	D.	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 (Application No. 08-01-027) – General Rate Case
	E.	Application of California-American Water Company to the California Public Utilities Commission to Authorize Support Services for its Monterey District (Application No. 08-01-024) – General Office Case
	F.	Application of California American Water to the California Public Utilities Commission to Authorize Costs for the Long-Term Water Supply to be Transferred to a Balancing Account and a Requirement for Annual Review of that Account (Application No. 08-04-______)
	G.	State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR
	H.	MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498
	I.	MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499
4.	Conference with Legal Counsel – Threatened Litigation (Gov. Code 54956.9(b))
	Sierra Club v. California American Water (16 U.S.C. §1538)
5.	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 17, 2008 Regular Board Meeting
2.	Consider Adoption of Resolution No. 2008-04 Proclaiming May 2008 as Water Awareness Month in the Monterey Peninsula Water Management District
3.	Consider Expenditure of Funds to Contract with JEA & Associates for Governmental Relations Services
4.	Consider Expenditure of Budgeted Funds to Amend Contract with Golden State Planning and Environmental Consulting to Provide Water Distribution System Applications
5.	Consider Expenditure of Budgeted Funds to Purchase Replacement Computers and Related Software and Hardware
6.	Consider Expenditure of Budgeted Funds to Install Air Conditioning Unit in the District’s Computer Room
7.	Consider Expenditure of Funds to Contract with Ventana Wildlife Society for Carmel River Avian Habitat Monitoring
8.	Consider Expenditure of Funds to Contract with IDIAS Consulting for Water Resources Division Technical Assistance
9.	Consider Expenditure of Budgeted Funds for Purchase of Backup Pressure Transducer and Replacement Backflow Valves for the Sleepy Hollow Steelhead Rearing Facility
10.	Consider Expenditure of Budgeted Funds for Purchase of Filters, Chillers, and Ultraviolet Sterilizers for the Rearing Troughs at the Sleepy Hollow Steelhead Rearing Facility
11.	Consider Expenditure of Budgeted Funds to Contract for the Installation of Upgraded Wiring Required for the Filters, Chillers, and Ultraviolet Sterilizers for the Rearing Troughs at the Sleepy Hollow Steelhead Rearing Facility
12.	Consider Expenditure for Public Information Effort re the January 15, 2008 Draft Cease and Desist Order Issued by the State Water Resources Control Board Staff against California American Water
13.	Consider Appointment of Interim General Manager Darby Fuerst to the Position of Secretary to the Board
14.	Receive and File District-Wide Annual Water Distribution System Production Summary for Water Year 2007
15.	Receive and File District-Wide Annual Water Production Summary Report for Water Year 2007
16.	Consider Adoption of Treasurer's Report for February 2008
PRESENTATIONS
17.	Water Supply Project Alternatives Update
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 First Reading of Ordinance No. 133 -- Amend the Process by which the District Enforces its Rules and Regulations Action: The Board will discuss and consider first reading of Ordinance No. 133 that would establish enforcement of District Rules and Regulations through an administrative citation process.
	Presentation Materials
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
22.	Receive Report from Ad-Hoc Community Advisory Committee on Recommendations to Address State Water Resources Control Board (SWRCB) Draft Cease and Desist Order (CDO) Action: The Board will review and consider receipt of the final report on recommendations from the Community Advisory Committee regarding strategies to address the potential negative impacts of the draft CDO should it be adopted by the SWRCB.
	Presentation Materials
	Document submitted by the public to the Board
23.	Receive MPWMD Staff Report on Requirements to Update MPWMD 95-10 Project (Seawater Desalination Project in Sand City Area) and Consider Approval of Preliminary Expenditures Action: The Board will receive a presentation by the District Engineer on the scope of work, cost, and time requirements for geotechnical, engineering, and environmental impact studies and reports by consultants to complete a Draft and Final EIR on the MPWMD 95-10 Project, previously proposed as an 8,400 acre-foot-per-year project located in the Sand City area.
	Presentation Materials
24.	Review Procedure and Timeline for Conducting a Feasibility Study of Increasing the Height of the Existing Los Padres Dam to Increase its Water Storage Capacity Action: The Board will receive a staff report describing information that would be needed to evaluate the feasibility, costs, benefits, and environmental impacts of raising Los Padres Dam to increase its storage capacity to allow releases that would benefit the instream environment of the Carmel River.  The Board will consider whether to direct staff to request proposals from engineering and environmental consultants to conduct these evaluations.
	Presentation Materials
25.	Consider Request of Director Brower to Modify District Regulations to Require Installation of Zero-Water Consumption Urinals for All New Construction and Remodels, and Consider Incentives for Installation of Zero-Water Consumption Urinals Action: The Board will discuss a request to modify District requirements and incentives for installation of zero-water consumption urinals.
26.	Consider Approval of Senior Office Specialist Reclassification and Amend the District’s Organization Chart Action: The Board will consider the proposed reclassification of the Senior Office Specialist position in the Administrative Services Division. The Board will also consider changes to the District’s current organization chart that are made necessary by the proposed reclassification. No change in the number of existing District staff positions will occur as a result of this Board action.
	Presentation Materials
26X	Consider Adoption of Resolution 2008-05, A Resolution Expressing Opposition to California Proposition 98 Action: The Board will discuss and consider adoption of draft Resolution 2008-05 that expresses opposition to California Proposition 98, called the California Property Owners and Farmland Protection Act.
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.
27.	Letters Received				Letter Packet
28.	Committee Reports
29.	Strategic Plan Update
30.	Carmel River Fishery Report
31.	Water Conservation Program Report
32.	Monthly Allocation Report
33.	Monthly California American Water Production Report
34.	Monthly Water Supply Status Report
35.	Quarterly Water Supply Project Status Report
36.	Quarterly Irrigation Program and Riparian Projects Report
37.	Quarterly Carmel River Erosion Protection and Restoration Projects Report
38.	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, 21, 2008, 7 PM, Ch. 25						Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Fri. April 25, May 2, 9 & 16						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Mon. April 28, 5 & 12						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat. April 26, May 3, 10 & 17						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun. May 4, 11 & 18						Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
Mon., May 19, 2008			Regular Board Meeting				7:00 PM	MPWMD Conference Room
Thurs., May 22, 2008			Special Meeting/Board Workshop on FY 2008-09 Budget Planning				7:00 PM	MPWMD Conference Room
Mon., June 16, 2008			Regular Board Meeting				7:00 PM	MPWMD 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. 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 10:00 AM on April 21, 2008. 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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