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,  March 26,  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, March 20, 2009.

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 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 – Conservation Program (Application Nos. 07-12-010, 08-01-018)














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 PotterMonterey 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, March 20, 2009.  Staff reports regarding these agenda items will be available for public review on Monday, March 23, 2009, through Thursday, March 26, 2009 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 April 20, 2009.




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 – General Rate Case (Application No. 08-01-027)




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




State Water Resources Control Board Complaint re CAW (Sierra Club, Ventana Chapter, and Carmel River Steelhead Association)




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






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 February 18, 2009 Special Board Meeting and February 26, 2009 Regular Board Meeting



Consider a Change to the Organization Chart Replacing the Assistant Fisheries Biologist Position with a Second Associate Fisheries Biologist Position



Consider Expenditure of Budgeted Funds for the Periodic Maintenance of the Three Main Intake Pumps at the Sleepy Hollow Rearing Facility



Schedule Date for 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



Letter received at 3/26/09 Board Meeting



Consider Adoption of Treasurer’s Report for January 2009








Monthly Report by California American Water General Manager, Craig Anthony



Water Supply Project Alternatives Update



Water Conservation Program Report



MPWMD News Release








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 Approval of Draft 2008 MPWMD Annual Report

Action:  The District’s enabling legislation requires that  each year a public hearing be conducted on the annual report.






Consider Adoption of April through June 2009 Quarterly Water Supply Strategy and Budget

Action: The Board will consider approval of a proposed production strategy for the California American Water Distribution System for the three-month period of April through June 2009.  The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water 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.



Adopt Findings of Denial of Application to Amend California American Water (CAW) 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:  At the February 26, 2009 meeting, the Board denied the application to amend the CAW Water Distribution System permit and directed that staff prepare findings of denial.  The Board will consider adoption of those findings of denial.



MPWMD Presentation Materials



Documents distributed to the Board:



Honorable Robert O’Farrell document re SNG Petition



March 23, 2009 Letter to MPWMD Board from Mayor Ralph Rubio



Letters from Laurens Silver, California Environmental Law Project






Determine if a Strategic Planning Session will be Conducted in 2009

Action:  The Board will discuss the merits or drawbacks of strategic planning, and explore different strategic planning methodologies with the focus on making a decision as to whether or not a strategic planning session should be conducted in 2009.



MPWMD Presentation Materials






Consider Request from the Carmel River Watershed Conservancy Regarding Support for Carmel River Reroute and San Clemente Dam Removal Project

Action:  The Board will consider the request by the Carmel River Watershed Conservancy to support the Watershed Conservancy’s request that the State not approve the San Clemente Dam Strengthening Project and encourage California American Water to resume its joint efforts with state and federal agencies to develop a dam removal project.



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



Carmel River Fishery Report for February 2009



Water Conservation Program Report



Monthly Allocation Report



Monthly California American Water Production Report



Monthly Water Supply Status Report










Board Meeting Broadcast Schedule – Comcast Channels 25 & 28


Ch. 28, 7 PM, Mon. April 6, 13 & 20

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


Ch. 28, 7 PM, Fri. April 3, 10 & 17

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


Ch. 28, 1 PM, Sat. April 4, 11, 18

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


Ch. 25, 7 PM, Sun. March 29, April 5, 12, & 19

Del Rey Oaks, Monterey, Sand City, Seaside





Upcoming Board Meetings


April 20, 2009

Regular Board Meeting

7 PM

District Conference Room


May 21, 2009

Regular Board Meeting

7 PM

District Conference Room


May 28, 2009

Special Meeting/Board Workshop – Review Draft 2009-2010 MPWMD Fiscal Year Budget

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 Monday, March 23, 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.