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


Thursday, January 29,  2009

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
by 5 PM on Friday, January 23, 2009.

The 7 PM Meeting will be televised on Comcast Channel 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.






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 to the CPUC (Coastal Water Project) - (Application No. 04-09-019)




Application of California -American Water Company for an Order Authorizing a Special Conservation Program and Modifications to its Rate Design in its Monterey District, and Authorization to Increase its Rates for Water Service in its Monterey District  to the CPUC – Conservation Program Application (Applications No. 07-12-010, 08-02-018)




Application of California -American Water  Company for Authorization to Increase its Revenues for Water Service in its Monterey District in years 2009; 2010; and 2011 General Rate Case (Application No. 08-01-027)






Board of Directors

Kristi Markey, Chair – Division 3

Regina Doyle, Vice Chair – Division 4

Alvin Edwards – Division 1

Judi Lehman – Division 2

Bob Brower – Division 5

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors


General Manager

Darby W. Fuerst


This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Friday, January 23, 2009.  Staff reports regarding these agenda items will be available for public review on Friday, January 23, through Thursday, January 29 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, February 26, 2009.








SWRCB Cease and Desist Order WR 2008-00XX-DWR




SWRCB Complaint re CAW  (Sierra Club, Ventana Chapter, and Carmel River Steelhead Association)




MPWMD v. Roy Woods, WOODS 1995 Trust, Monterey Superior Court (M83499)




MPWMD v. Nick and Gerda Marotta, Monterey Superior Court (M83498)






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






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 December 8, 2008 Regular Board Meeting



Ratify Board Committee Assignments for Calendar Year 2009



Approve Charge to Ad Hoc Water Supply Planning Committee



Receive and File Water Year 2007 Seaside Basin Aquifer Storage and Recovery Testing Summary Report



Consider Approval of First Quarter Fiscal Year 2008-2009 Investment Report



Receive and File First Quarter Financial Activity Report for Fiscal Year 2008-2009



Consider Approval of Annual Update on  Investment Policy



Consider Adoption of Treasurer's Report for  August 2008



Consider Adoption of Treasurer's Report for September 2008



Consider Adoption of Treasurer's Report for  October 2008








Presentation to Outgoing Board Chair, Judi Lehman



Monthly Report by 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 Application to Create “Long Ridge/Well N-31 Addition” to Santa Lucia Preserve Water Distribution System; Santa Lucia Community Services District, Applicant; MPWMD Application #20071107slc; Apn #239-131-015 Through -026, -028 And -030

Action:  The Board will consider approval of the Long Ridge/Well N-31 Addition to the Santa Lucia Preserve Water Distribution System (SLPWDS).  With advances in information technology, it was discovered that certain SLPWDS wells previously believed to be outside the District boundary are actually within the District. This action focuses on formally acknowledging the SLPWDS wells and setting appropriate system limits pursuant to District Rules 20-22.



MPWMD Presentation Materials






Consider Application to Amend California American Water Distribution System to Serve Monterey Bay Shores Ecoresort in Sand City; California American Water and Security National Guaranty, Co-Applicants; MPWMD Application #20080915MBS-L4; APN# 011-501-014 

Action:  The Board will consider an application to enable future service by California American Water (CAW) to the proposed Monterey Bay Shores Ecoresort in Sand City.  Up to 90 acre-feet per year of CAW service to the parcel would be based on use of water rights in the Seaside Groundwater Basin held by the resort property owner.  The District will rely on previous environmental review certified by the City of Sand City, as well as an October 2008 Addendum, which describes how the project has been downsized and revised to be more water efficient.  This item was continued from the November 17, 2008 Board meeting.



MPWMD Presentation Materials



Comment letters received from the public



Letter presented from Helping Our Peninsula’s Environment



Letter to Ed Ghandour from the California Coastal Commission



Document from Laurens Silver, Esq. representing the Sierra Club






Consider Adoption of Memorandum of Agreement Between MPWMD and the Monterey Regional Water Pollution Control Agency Regarding Cooperative Efforts for Development of Water Supply Projects

Action:  The Board will consider adoption of an MOU regarding roles and responsibilities related to water supply planning in the Monterey Peninsula area.



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 Hydrogeologic 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 professional services by Martin B. Feeney, Consulting Hydrogeologist, to conduct the next phase of studies for MPWMD’s 95-10 Desalination Project.  These studies will consist primarily of a field program to determine the feasibility of extracting feedwater from the Dune Sands aquifer along the coast in former Fort Ord.



MPWMD Presentation Materials






Consider Approval of Proposed Strategy for Investigation into Development of Regulations Allowing Alternative Water Sources:  Recycling and Reuse of Graywater; Rainwater Harvesting and Storage; and Stormwater Storage and Reuse

Action:  The Board will consider approval of a proposed strategy for conducting investigations into development of regulations that would allow alternative water sources.



MPWMD 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.



Letters Received

Letter Packet



Committee Reports



Strategic Plan Update



Carmel River Fishery Report for November & December 2008



Water Conservation Program Report for November 2008



Water Conservation Program Report for December 2008



Monthly Allocation Report for November 2008



Monthly Allocation Report for December 2008



Monthly California American Water Production Report for November and December 2008



Monthly Water Supply Status Report for December 2008 and January 2009



Quarterly Water Supply Project Status Report



Quarterly Irrigation Program and Riparian Projects Report



Quarterly Carmel River Erosion Protection and Restoration Projects Report



Quarterly Water Use Credit Transfer Status Report










Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at


Live Broadcast



Mon.  Feb. 9, 2009, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside





Ch. 28, 7 PM, Mon. Feb. 9, 16 & 23

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


Ch. 28, 7 PM, Fri., Feb. 13, 20 & 27

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


Ch. 28, 1 PM, Sat., Feb. 14, 21 & 28

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


Ch. 25, 7 PM, Sun., Feb. 8, 15 & 22

Del Rey Oaks, Monterey, Sand City, Seaside








Upcoming Board Meetings


February 26, 2009

Regular Board Meeting

7 PM

District Office


March 16, 2009

Regular Board Meeting

7 PM

District Office


March 26, 2009

Special Meeting of the Board

7 PM

District Office




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 January 27, 2009.  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.