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.



Regular Meeting

Board of Directors

Monterey Peninsula Water Management District


Monday, December 8,  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

Alvin Edwards will participate by telephone from 20166 Washburn Street, Detroit Michigan, 48221

Staff notes for the 7 PM agenda items will be available on the District web site at
by 5 PM on Friday, December 5, 2008.

The 7 PM Meeting will be televised on Comcast Channels 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.






Public Comment – Members of the public may address the Board on the item or items listed on the Closed Session agenda.






Adjourn to Closed Session






Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))




Application of California American Water Company to the Public Utilities Commission (Application No. 04-09-019) – Coastal Water Project




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




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


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 PotterMonterey County Board of Supervisors


General Manager

Darby Fuerst


This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Wednesday, December 3, 2008.  Staff reports regarding these agenda items will be available for public review on Wednesday, December 3, through Monday, December 8 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  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 Thursday, January 29, 2009.







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




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)




State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR




MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498




MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499






Conference with Labor Negotiators (Gov. Code §54957.6)



Agency Designated Representatives:  Rick Dickhaut, Cynthia Schmidlin, Darby Fuerst



Employee Organization:  General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792



Unrepresented Employees:  Confidential Unit






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






Adjourn to 7 PM Session






7 PM -- Regular Board Meeting



















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. 



Consider Adoption of Minutes of the October 30, 2008 Special Meeting of the Board and the November 17, 2008 Regular Board Meeting



Consider Appointment of Darby Fuerst to the Position of General Manager and Approval of Employment Agreement



Consider Expenditure of Budgeted Funds to Purchase Water Conservation Publications and Informational Handouts



Consider Approval of Human Resources Analyst Reclassification



Adopt Board Meeting Schedule for 2009



Consider Adoption of Treasurer's Report for July 2008








Presentation from Bruce Broderick and Terry Black of Being Water Regarding Greywater Technology for Flushing Toilets and Underground Irrigation



Monthly Report from California American Water General Manager, Craig Anthony



Water Supply Project Alternatives Update







Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision








Report on 5:30 PM Closed Session of the Board







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.



Consider Second Reading and Adoption of Ordinance No. 137 -- Amend Regulation XV, Expanded Water Conservation and Standby Rationing Plan

Action:  The Board will consider the second  reading and adoption  of an ordinance that would amend Regulation XV to add regulatory rationing triggers to Stages 5-7, temporarily suspend water banking, and increase conservation efforts to comply with regulatory limits. The ordinance also amends Regulation XV to separately recognize the Bishop, Ryan Ranch, and Hidden Hills water systems.



MPWMD Presentation Materials






Consider Second Reading and Adoption of  Ordinance 138 -- Re-Authorize a Water User Fee to Fund Aquifer Storage & Recovery Facilities and Related Water Supply Projects 

Action:  The Board shall consider second reading and adoption of an ordinance that would re-authorize a 1.2% existing water use fee used to fund Aquifer Storage and Recovery facilities and related water supply projects.  The 1.2% increase was originally authorized by the Board in 2005.



MPWMD Presentation Materials






Consider Adoption of January through March 2009 Quarterly Water Supply Strategy and Budget

Action:  The Board will consider approval of a proposed production strategy for the California American Water systems for the three-month period from January through March 2009.  The strategy sets monthly production goals for surface and groundwater production from various sources within the Monterey Peninsula Water Resource System



MPWMD Presentation Materials





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



Consider Approval of Scope of Work and Expenditure of Funds for Phase 2 Studies Related to MPWMD 95-10 Desalination Project

Action:  The Board will consider approval of a scope of work and related expenditure of funds for Phase 2 studies for MPWMD’s 95-10 Desalination Project.  The Phase 2 studies include a field program to demonstrate the feasibility of extracting feedwater from the Dune Sands aquifer, further evaluation of brine disposal using MRWPCA’s outfall, and engineering analysis to finalize the project description for environmental review.



MPWMD Presentation Materials



Draft Matrix prepared by Director Doyle






Conduct Elections for Board Officers for 2009

Action:  The Board will conduct an election for the positions of Board Chair, Vice Chair, Secretary, and Treasurer according to the procedure outlined in Meeting Rule 2.5 that prescribes annual rotation of the Chair and Vice Chair.



MPWMD Presentation Materials





INFORMATIONAL ITEMS/STAFF REPORTS – The majority of items that are routinely presented have been deferred to the January 29, 2009 Board Meeting 



Committee Reports










Board Meeting Broadcast Schedule – Comcast Channels 25 & 28



Ch. 28, 7 PM, Mon., Dec. 15, 22 & 29

Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside


Ch. 28, 7 PM, Fri., Dec. 19 & 26, Jan. 2, 9, 16 & 23

Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside


Ch. 28, 1 PM, Sat., Dec. 20 & 27, Jan. 3, 10, 17 & 24

Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside


Ch. 25, 7 PM, Sun., Dec.  21 & 28, Jan. 4, 11, 18 & 25

Del Rey Oaks, Monterey, Sand City, Seaside





Upcoming Board Meetings


January 29, 2009

Regular Board Meeting

7 PM

District Conference Room


February 26, 2009

Regular Board Meeting

7 PM

District Conference Room


March  16, 2009

Regular Board Meeting

7 PM

District Conference Room



Note:  The Board will conduct a public hearing on January 21, 2008, at 8:30 AM in the District Conference room to determine whether, and to what extent, modifications should be made to the System Capacity or Expansion Capacity limits presently specified for the Ryan Ranch WDS.



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 December 4, 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.