Special Meeting

Board of Directors

Monterey Peninsula Water Management District

January 21, 2009




The meeting was called to order at 8:40 AM in the District conference room.


Directors Present:

Alvin Edwards – Division 1

Judi Lehman – Division 2

Kristi Markey, Chair -- Division 3

Regina Doyle, Vice Chair – Division 4

Bob Brower – Division 5

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors (arrived at 8:47 AM)


Directors Absent:  None


General Manager present:  Darby Fuerst


District Counsel present:  David C. Laredo

District Special Counsel present:  Fran Farina



The assembly recited the Pledge of Allegiance.



No comments were presented to the Board during Oral Communications.



1.             Hearing on Apparent Insufficient Physical Supplies to Serve Ryan Ranch Water Distribution System and Determination as to Whether, and to What Extent, System Capacity and/or Expansion Capacity Limits Should be Modified

                District Counsel Laredo provided an overview of the proceedings.  He advised the Board that they must determine if there is substantial evidence that sufficient water supplies are not available to meet current system capacity in the Ryan Ranch Water Distribution System.


The Directors reported ex parte communications as follows.  Director Pendergrass spoke with Steven Packer, Chief Executive Officer of Community Hospital of the Monterey Peninsula (CHOMP).  Director Edwards spoke with Dr. Packer.   Kristi Markey was contacted by the Secretary to Dr. Packer, but Ms. Markey did not speak with Dr. Packer.  Director Lehman was contacted by Dr. Packer but did not speak with him.  Director Doyle spoke with Dr. Packer.  Director Potter met with Libby Downey, Fred Meurer, Curtis Weeks and Bill Reichmuth on January 6, 2009.  Mr. Potter also spoke with Dr. Packer regarding costs incurred by CHOMP to date on development in Ryan Ranch and the will serve letter California American Water issued to CHOMP.


The parties to the proceeding introduced themselves as follows.

1.     Fran Farina, MPWMD Prosecution Team Leader.  Testimony would be provided by Darby Fuerst, General Manager of the MPWMD and Joe Oliver, MPWMD Water Resources Manager/Senior Hydrogeologist.

2.     Tim Miller, California American Water, Primary Spokesperson for California American Water (CAW).  Assisting Mr. Miller was Lori Girard, Corporate Counsel.  Testimony would be provided by Craig Anthony, General Manager of the Central Division, CAW.

3.     Sheri Damon, representing Wilson Street Investors and Ryan Court Investors.  She planned to present one or two witnesses.

4.     David Sweigert, representing CHOMP, planned to present a few comments.


The meeting began with opening statements by Mr. Miller and Ms. Farina.  Mr. Fuerst provided his testimony.


At 10:30 AM the meeting was recessed and reconvened at 10:45 AM.


Mr. Fuerst continued his testimony.  Mr. Oliver followed with his testimony.  Mr. Miller proceeded with cross-examination of Mr. Oliver and Mr. Fuerst.


At 12:02 PM the meeting was recessed and reconvened at 12:10 PM.


At 12:20 PM the meeting recessed and reconvened at 12:50 PM.


Mr. Miller continued cross examination. 


Ms. Damon cross-examined Mr. Fuerst.  She requested that the District take note of all permits issued in the Ryan Ranch Water Distribution System, or the District could choose to take administrative notice of MPWMD permits 25915, 25916, 25921, 25922, 24895 and 24919.   Mr. Laredo stated that administrative notice could be taken of the permits specifically mentioned by Ms. Damon, but not “all” permits issued in the Ryan Ranch system.  Mr. Miller stated that CAW had not objections.


Mr. Sweigert declined to cross examine any of the witnesses.


Mr. Oliver and Mr. Fuerst responded to questions from the Board members.


The Board of Directors agreed that the hearing would be continued to February 18, 2009 at 8:30 AM in the District conference room, and that prior to the next meeting, District Counsel and the other parties to the proceeding would meet and confer on development of a solution to the Ryan Ranch Water Distribution System issues.


The meeting was adjourned at approximately 1:30 PM.






                                                                                                                Darby Fuerst, General Manager