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, August 18, 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, August 15, 2008. The 7 PM Meeting will be televised on Comcast Channel 25 & 28. Refer to broadcast schedule on page 4.
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 David W. Fuerst						This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on August 13, 2008.  Staff reports regarding these agenda items will be available for public review on Thursday, August 14, 2008, through Monday, August 18, 2008 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 September 22, 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 CAW/MPWMD Settlement Agreement Ratified in Closed Session
	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 Authorize Support Services for its Monterey District to the California Public Utilities Commission (Application No. 08-01-024) – General Office Case
	F.	Application of California American Water to the CPUC to Authorize Costs for the Long-Term Water Supply be Transferred to a Balancing Account and a Requirement for Annual Review of that Account (Application No. 08-04-019)
	G.	Application of California-American Water Company to the California Public Utilities Commission for an Authorized Cost of Capital for Utility Operations for 2009 (Application No. 08-05-003)
	H.	State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR
	I.	MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498
	J.	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 July 21, 2008 Regular Board Meeting
2.	Consider Expenditure of Budgeted Funds to Remove Instream Concrete Slab and Participate in NOAA Restoration Center and California Conservation Corps Grant Program
3.	Consider Expenditure of Budgeted Funds to Contract with the California Conservation Corps for Fall 2008 Vegetation Management Activities
4.	Consider Extension of Cooperative Agreement with the United States Geological Survey (USGS) for Streamflow Gaging in Water Year 2009
5.	Receive Report on a Strategy for Distribution of Proposition 84 and 1E Bond Funds to the Central Coast Region
6.	Receive Report on Potential Sources for Federal and/or State Funding for Carmel River Lagoon Adaptive Management Study Plan
7.	Consider Approval of Fourth Quarter Investment Report
PRESENTATIONS
8.	Water Supply Project Alternatives Update Presentation Materials
GENERAL MANAGER’S REPORT
9.	Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision Presentation Materials
10.	Announce that September 15, 2008 Board Meeting has been Rescheduled to Monday, September 22, 2008 at 7 PM
ATTORNEY’S REPORT
11.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
12.	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.
13.	Consider Adoption of Ordinance No. 135 with Urgent Effect – Include the Inland Subareas of the Seaside Basin into the Monterey Peninsula Water Resource System Action:  The Board will consider adoption of Ordinance No. 135 with Urgent Effect that would redefine the Monterey Peninsula Water Resource System to include the Northern Inland Subarea and the Laguna Seca Subarea of the Seaside Groundwater Basin, and would subject those areas to the District’s Expanded Water Conservation and Standby Rationing Plan.   If this ordinance, by super majority vote, is adopted as a matter of urgency, there would be no second reading, and the ordinance would take effect on September 17, 2008.  In the alternative, if the ordinance is enacted as a non-urgent matter, a second reading would be required and the measure would take effect thirty days following approval on second reading. Presentation Materials Documents Submitted by the Public to the Board – Doc. 1, Doc. 2, Doc. 3
14.	Consider Second Reading and Adoption of Revised Ordinance No. 134 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Regulation XV, Expanded Water Conservation and Standby Rationing Plan A. Consider Adoption of Negative Declaration in Compliance with California Environmental Quality Act (CEQA) B. Consider Adoption of Ordinance No. 134 Action: The Board will consider second reading and adoption of Ordinance No. 134 that would amend the Expanded Water Conservation and Standby Rationing Plan. This version of Ordinance No. 134 has been revised from the May 19, 2008 first reading, as language that would redefine the boundary of the Monterey Peninsula Water Resources System has been excluded and will be addressed in a future public hearing on proposed draft Ordinance No. 135. Presentation Materials
15.	Consider Second Reading and Adoption of Ordinance No. 136 -- An Ordinance to Establish a Process to Authorize Adjustments to Water Distribution System Production and Connection Limits Action: The Board will consider second reading and adoption of Ordinance No. 136 that would establish a process to authorize adjustments to water distribution system production and connection limits, if justified by limitations in available water supplies. Presentation Materials
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
16.	Receive Constraints Analysis Regarding MPWMD 95-10 Desalination Project Action: District staff and consultants will provide a report on the potential for a seawater desalination project with intake facilities to be located along the coast from Sand City through former Fort Ord.  The consultants' conclusions are based on a review of critical components of the project, including feasible methods of seawater intake, whether the Monterey Regional Water Pollution Control Agency’s treatment plant outfall is available for brine discharge, and under what conditions, and available locations for intake facilities, treatment plant, and storage.  This work is an update of the project evaluated by the District in 2002 through 2004 proposed as an 8,400 acre-foot-per-year project located in the Sand City area. Presentation Materials – Doc. 1, Doc. 2
17.	Consider Approval to Secure a $2.5 Million Line of Credit to Fund Development of Water Supply Projects Action: The Board will receive information on proposals received to provide the District with a $2 million line of credit to fund development of a water supply project, and consider a recommendation from staff on how to proceed. Presentation Materials
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				Letter Packet
19.	Committee Reports
20.	Strategic Plan Update
21.	Carmel River Fishery Report
22.	Water Conservation Program Report
23.	Monthly Allocation Report
24.	Monthly California American Water Production Report
25.	Monthly Water Supply Status Report
26.	Semi-Annual Ground Water Quality Monitoring Report
ADJOURN IN MEMORY OF EDWIN LEE, MPWMD DIRECTOR 1980-1984
Board Meeting Broadcast Schedule – Comcast Channels 25 & 28 Live webcast at www.ampmedia.org/asx/monterey25.asx
Live Broadcast
Mon. Aug. 18, 2008, 7 PM, Ch. 25						Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon. Aug., 25; Sept. 1 and 8						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., Aug. 22, & 29; Sept., 5 & 17						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., Aug. 23 & 30; Sept. 6 & 13						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., Aug. 24 & 31; Sept. 7 & 14						Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
September 22, 2008			Regular Board Meeting				7 PM	District Conference Room
October 20, 2008			Regular Board Meeting				7 PM	District Conference Room
November 19, 2008			Regular Board Meeting				7 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. 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, August 14, 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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