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 16, 2013

5:30 PM – Closed Session

2999 Monterey Salinas Highway, 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/2013/2013.htm 
by 5 PM on Friday, September 13, 2013.

The 7 PM Meeting will be televised on Comcast Channels 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 to the CPUC (Application No. 12-04-019)  Monterey Peninsula Water Supply Project

 

 

B.

Application of California American Water to the CPUC (App. No. 13-07-002)  2013 General Rate Case

 

 

C.

Monterey Peninsula Taxpayers Association v. MPWMD, Monterey County Superior Court Case #M123512

 

 

D.

Thum v. MPWMD; Monterey Case No. M113598; 6th District Appellate Case #H039566)

 

 

E.

MPWMD v. SWRCB; Santa Clara 1-10-CV-163328 – CDO (6th District Appellate Case #H039566

 

 

F.

MPWMD v. CPUC (Cal-Am); CA Supreme Court Case No. S208838

 

 

 

 

 

Board of Directors

 

David Pendergrass, Chair – Mayoral Representative

Brenda Lewis, Vice Chair – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Jeanne Byrne – Division 4

Robert S. Brower, Sr. – Division 5

David Potter – Monterey County

Board of Supervisors

 

General Manager

David J. Stoldt

 

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Thursday, September 12, 2013.  Staff reports regarding these agenda items will be available for public review on Friday, September 13, through Monday, September 16 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/2013/2013.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 21, 2013.

 

 

 

 

 

 

4.

Conference with Labor Negotiators (Gov. Code 54957.6)

 

 

A.

Unrepresented Employees:  Confidential Unit

 

 

 

 

5.

Liability Claim

 

 

Claimant: Fitzpatrick, Spini & Swanston on behalf of Deborah Chircco-Macdonald

 

 

Agency Claimed Against:  MPWMD

 

 

 

 

6.

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

 

 

 

 

7.

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 August 19, 2013 Regular Board Meeting

 

2.

Consider Adoption of Amendment to Monterey Peninsula Water Supply Project  Governance Agreement

 

3.

Consider Adoption of Resolution No. 2013-16 – Amend Table 2 of the MPWMD Rules and Regulation – Non Residential Water Use Factors

 

4.

Authorize Contract for Financial Consultant Related to Contribution of Public Funds for California American Water Desalination Project

 

5.

Authorize Contract for Bond Counsel Services Related to Groundwater Replenishment Project Water Purchase Agreement

 

6.

Authorize Contract for Accounting Services Related to Groundwater Replenishment Project Debt Equivalence

 

7.

Authorize Contract for Consultant to Assess Externalities for Groundwater Replenishment Project

 

8.

Authorize Funds for Phase 2 Aquifer Storage and Recovery Project Electrical Equipment Installation

 

9.

Consider Extension of Cooperative Agreement with the United States Geological Survey for Streamflow Gaging in Water Year 2014

 

10.

Authorize Funds for Software Maintenance Agreements

 

11.

Low Impact Development Bioretention Opportunity Analysis  (A) Consider Approval of Resolution 2013-17 in Support of Filing a Scope of Work and Proposal (B) Authorize the General Manager to Enter into a Contract Agreement

 

12.

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

 

13.

Consider Adoption of Bargaining Agreement with General Staff Unit

 

14.

Consider Adoption of Bargaining Agreement with Management Unit

 

15.

Consider Approval of Resolutions Regarding Employee Contributions to the California Public Employees Retirement System

 

16.

Consider Approval of Reclassification of Staff Position

 

 

Ø  Document submitted to the Board

 

17.

Consider Adoption of Resolution 2013-18 – Designate the District Elections Official

 

GENERAL MANAGER’S REPORT

 

18.

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

 

19.

Update on Development of Water Supply Projects  

 

 

 

 

ATTORNEY’S REPORT

 

20.

Report on  5:30 PM Closed Session of the Board

 

 

 

 

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

 

21.

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.

 

22.

Authorize Distribution of Funds under Local Water Project Funding Program

 

 

Action:  The Board will consider distribution of funds to the City of Pacific Grove and the Monterey Peninsula Airport District for development of water projects they have proposed.

 

 

 

 

23.

Consider Adoption of Resolution No. 2013-18 – Modifying Rule 162 – Regulatory Water Production Targets for California American Water Systems

 

 

Ø  Staff Presentation

 

 

Action:  The Board will consider modifications to the Regulatory Water Production Targets in Tables XV-1, XV-2 and XV-3 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 2014.

 

 

 

 

24.

Consider Adoption of October through December 2013 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 2013.  The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.

 

 

Ø  Staff Presentation

 

 

 

 

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

 

25.

Consider Amendment to MPWMD Board Meeting Rule 2.5

 

 

Action:  The Board will consider modifications to the rules regarding rotation of directors into the position of Chair and Vice Chair.

 

 

Ø  Revised Exhibit 25-B

 

 

 

 

XY.

Consider Adoption of Response to Receipt of Initiative Petition Submitted by Public Water Now

 

 

Action:  On September 6, 2013, Public Water Now delivered to the Water Management District its petition for an initiative measure titled, “The Monterey Peninsula Water Service Local Ownership and Cost Savings Initiative.”  The Board will consider adoption of a position statement in response to receipt of the petition.

 

 

 

 

DISCUSSION ITEMS – Public comment will be received.  Please limit your comment to three (3) minutes.

 

26.

Discuss Plans for Future Use of Los Padres Dam

 

 

The Board will discuss the future use of Los Padres Dam.  No action will be taken.

 

 

 

 

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.

Carmel River Fishery Report

 

30.

Water Conservation Program Report

 

31.

Monthly Allocation Report

 

32.

Monthly Water Supply and California American Water Production  Report

 

 

 

 

ADJOURNMENT

 

 

 

Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

 

Broadcast schedule shown below.  Check your local listings for the 9/16/13 meeting broadcast 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

 

October 21, 2013

Regular Board Meeting

7:00 pm

District Conference room

 

November 18, 2013

Regular Board Meeting

7:00 pm

District Conference room

 

December 9, 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 Friday, September 13, 2013.  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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