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, September 17, 2012

Conference Room, Monterey Peninsula Water Management District

5 Harris Court, Bldg. G, Monterey, CA

6:00 PM – Closed Session

7:00 PM – Regular Board Meeting

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/2012/2012.htm 
by 5 PM on Friday, September 14, 2012.

The 7 PM Meeting will be televised on Comcast Channels 25 & 28.  Refer to broadcast schedule on page 4.

 

 

 

 

 

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.

 

 

 

 

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 – Initiation of Litigation (Gov. Code 54956.9(c)) – One Case

 

 

 

 

4.

Conference with Legal Counsel -- 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 

 

 

 

 

5.

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

 

 

 

 

6.

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, September 12, 2012.  Staff reports regarding these agenda items will be available for public review on Thursday, September 13, through Monday, September 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/2012/2012.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, October 15, 2012.

 

 

 

 

 

 

 

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. 

 

Ø  Document submitted by George Riley

 

 

 

 

 

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 August 20, 2012 Regular Board Meeting

 

2.

Consider Expenditure of Budgeted Funds for Software Maintenance Agreements

 

3.

Consider Adoption of Resolution 2012-12 Supporting Water Efficiency through Adoption of Best Management Practices Resources for Residential and Non-Residential Water Users

 

4.

Consider Adoption of Findings in Support of Board Decision re Appeal of David Beech -- Flores Well

 

5.

Consider Adoption of Findings in Support of Board Decision re Appeal of David Beech -- Pisenti Well

 

6.

Consider Extension of Cooperative Agreement with the United States Geological Survey for Streamflow Gaging in Water Year 2013

 

 

 

REPORT FROM ERIC SABOLSICE, CALIFORNIA AMERICAN WATER

 

Ø  Documents submitted by MPWMD staff

 

 

 

 

GENERAL MANAGER’S REPORT

 

7.

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

 

 

Ø  9/19/2012 Revision to Staff Presentation

 

8.

Update on Development of Water Supply Projects 

 

 

 

 

ATTORNEY’S REPORT

 

9.

Report on  6:00 PM Closed Session of the Board

 

 

 

 

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

 

10.

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.

 

11.

Consider Second Reading and Adoption of Ordinance No. 154 Tolling Water Use Credits Affected by State Water Resources Control Board Order WR 2009-0060

 

 

Action:  The Board will consider second reading and adoption of Ordinance No. 154 that would reinstate Water Use Credits impacted by the SWRCB Cease and Desist Order (CDO) against California American Water after the CDO has concluded.   An Initial Study was circulated, and the comment period closed on August 22, 2012.  The Initial Study can be found on the District’s website:   http://www.mpwmd.dst.ca.us/ceqa/Post_Ord154_20120802.pdf

 

 

Ø  MPWMD Presentation

 

 

Ø  Document submitted by staff

 

 

 

 

 

 

 

 

 

 

12.

Consider Adoption of Resolution 2012-13 Modifying Rule 162 -- Regulatory Water Production Targets for California American Water Systems

 

 

Action:  The Board will consider modifications to the Regulatory Water Production Targets in Tables XV-1 and XV-2 of Rule 162.  The modifications reflect the anticipated changes in Cal-Am production limits as set by the State Water Resources Control Board orders and Seaside Basin Adjudication decision in Water Year 2013.

 

 

Ø  MPWMD Presentation

 

 

 

 

13.

Consider Adoption of October through December 2012 Quarterly Water Supply Strategy and Budget

 

 

Action:  The Board will consider approval of a proposed production strategy for the California American Water Distribution Systems for the three-month period of October through December 2012.  The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.

 

 

Ø  MPWMD Presentation

 

 

Ø  Revised Exhibit 13-A

 

 

 

 

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

 

14.

Consider Action to be Taken with Respect to Monterey Peninsula Taxpayers Association Referendum Petition

 

 

Action:  The Board will discuss action to be taken on the petition for referendum against Section 4 of Ordinance 152 delivered to the District on July 26, 2012.  Signatures on the petition have been verified by the Registrar of Voters.

 

 

Ø  Document submitted by staff

 

 

 

 

Revised staff report as of 9/13/2012

 

15.

Discuss and Recommend District Position on Cal-Am Application Regarding Governance, Ownership and Finance

 

 

Action:  The Board will discuss and approve concepts for inclusion in testimony for this CPUC filing

 

Addendum staff report as of 9/17/2012

 

 

Ø  Document submitted by LandWatch

 

 

 

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

Supplemental Letter Packet

 

17.

Committee Reports

 

18.

Carmel River Fishery Report

 

19.

Water Conservation Program Report

 

20.

Monthly Allocation Report

 

21.

Monthly Water Supply and California American Water Production  Report

 

 

 

 

 

 

 

 

 

ADJOURNMENT

 

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast on 9/17/12 at www.ampmedia.org on the Monterey Channel

 

Rebroadcast schedule shown below.  Check your local listings for the 9/17/12 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

 

Monday, Oct. 15, 2012

Regular Board Meeting

7:00 pm

District Conference room

 

Thursday, Nov. 1, 2012

Tentative – Special Meeting/Board Workshop

TBA

TBA

 

Monday, Nov. 19, 2012

Regular Board Meeting

7:00 pm

District Conference room

 

Monday, Dec.10, 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, September 13, 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.

 

 

 

 

 

 

 

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