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, October 15, 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 http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2012/2012.htm 
by 5 PM on Friday, October 12, 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.

 

 

 

 

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 to the CPUC (Application No. 12-04-019)  Monterey Peninsula Water Supply Project

 

 

 

 

 

4.

Conference with Legal Counsel – Pending and Threatened Litigation (Gov. Code 54956.9)

 

 

A.

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

 

 

B.

One Case

 

 

 

 

 

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, October 10, 2012.  Staff reports regarding these agenda items will be available for public review on Thursday, October 11, through Monday, October 15 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/2011/2011.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, November 19, 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 MPWMD staff

 

 

 

 

 

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 September 17, 2012 Regular Board Meeting

 

2.

Authorize Payment to Monterey County Elections Department for Cost to Verify Signatures on Petitions Submitted by Monterey Peninsula Taxpayers Association re Ordinance No. 152

 

3.

Consider Expenditure of Budgeted Funds to Comply with Governmental Accounting Standards Board Actuarial Requirement for Employee Post-Retirement Health Benefits

 

4.

Consider Expenditure of Budgeted Funds for Standard License Agreement with CoreLogic Information Solutions, Inc. 

 

5.

Consider Expenditure of Budgeted Funds to Enter Into Agreement with Tyler Technologies for Purchase and Implementation of Incode Financial Software

 

6.

Consider Approval of Legal Services Contract with DeLay & Laredo, Attorneys at Law

 

7.

Consider Appointing a Member and Alternate to the Association of California Water Agencies Joint Powers Insurance Authority Board

 

 

 

GENERAL MANAGER’S REPORT

 

8.

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

 

9.

Update on Development of Water Supply Projects 

 

 

 

 

ATTORNEY’S REPORT

 

10.

Report on  5:30 PM Closed Session of the Board

 

 

 

 

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

 

11.

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.

 

12.

Consider First Reading 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 the first reading of Ordinance No. 151.  If adopted on second reading November 19, 2012, it would be effective December 31, 2012.  This ordinance was processed under the California Environmental Quality Act (CEQA) with an Initial Study.  A Negative Declaration will be considered at second reading.

 

 

·         Staff Presentation

 

 

 

 

13.

Consider First Reading of Ordinance 155 -- Extension of Water Use Credits for Redevelopment Projects

 

 

Action:  The Board will consider an ordinance that amends the definition of Redevelopment Project Site as a result of AB 1X 26 that abolished Redevelopment Agencies on February 1, 2012.

 

 

·         Staff Presentation

 

 

 

 

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

 

14.

Provide Direction to Staff Regarding Water Permits at Public Schools

 

 

Action:  The Board will direct staff on drafting an ordinance to address problems related to Water Permits for public schools where project permitting is done at the state level and not locally.

 

 

·         Staff Presentation

 

 

 

 

15.

Consider Extension of Nomination Period  for Ordinance 152 Citizen's Oversight Panel for Annual Water Supply Charge

 

 

Action:  The Board will review nominations for the Ordinance 152 Citizen’s Oversight Panel and consider extending the timeframe for additional nominations to be received.

 

 

Ø  Document submitted by MPWMD staff – Letter from Bonnie Adams

 

 

Ø  Document submitted by MPWMD staff – Email from John Tilley

 

 

 

 

16.

Consider Recommendation from Water Demand Committee Regarding  California American Water Billing Practices

 

 

Action:  The Board will discuss and approve action to be taken to assist California American Water customers with billing issues.

 

 

Ø  Document submitted by MPWMD staff

 

 

Ø  Document submitted to Board

 

 

Ø  California American Water documents submitted by Janice

 

 

Ø  Email submitted by Janice

 

 

Ø  Document submitted by Lindy Levin

 

 

Ø  Document submitted by Toni Ray

 

 

 

 

17.

Consider Expenditure of Budgeted Funds to Print and Mail a Newsletter throughout the District

 

 

Action:  The Board will review the draft newsletter and consider approval of funds to distribute the document to District residents.

 

 

 

 

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.

 

18.

Letters Received

Supplemental Letter Packet

 

19.

Committee Reports

 

20.

Carmel River Fishery Report

 

21.

Water Conservation Program Report

 

22.

Monthly Allocation Report

 

23.

Monthly Water Supply and California American Water Production  Report

 

24.

Quarterly Carmel River Riparian Corridor Management Program Report

 

25.

Quarterly Water Use Credit Transfer Status Report

 

 

 

ADJOURNMENT

 

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast on 10/15/12 at www.ampmedia.org on the Monterey Channel

 

Rebroadcast schedule shown below.  Check your local listings for the 10/15/12 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

 

(Tentative) Nov. 1, 2012

Special Meeting/Board Workshop

7:00 pm

District Conference room

 

November 19, 2012

Regular Board Meeting

7:00 pm

District Conference room

 

December 10, 2012

Regular Board Meeting

7:00 pm

District Conference room

 

January 30, 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, October 11, 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.

 

 

 

 

 

 

 

U:\staff\Boardpacket\2012\20121015\1015agenda.docx