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, October 19,  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, October 16, 2009.

The 7 PM Meeting will be televised on Comcast Channels 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 Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project




Application of California American Water Company to PUC Application No. 09-XX-XXX –Mitigation Cost Reimbursement




Seaside v. California American Water  (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343) 




State Water Resources Control Board Draft Cease and Desist Order WR 2009-00XX-DWR














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 Thursday, October 15, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, October 15, through Monday, October 19 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 Monday, November 19, 2009.




Sierra Club, Carmel River Steelhead Association v. California American Water, Gary Locke, Department Of Commerce, Dr. Jane Lubchenko (NOAA), and Rodney McInnis (NMFS), (U.S. District Court, Northern District. Case No. 09 2870) 




California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)




California American Water v. MPWMD (Ryan Ranch) (Superior Court Case No. M 101255)






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 September 21, 2009 Regular Board Meeting and October 5, 2009 Special Board Meeting



Consider Expenditure of Budgeted Funds to Complete Emergency Work on Pump No. 2 at the Sleepy Hollow Rearing Facility



Receive and File Report on Fourth Quarter Financial Activity for Fiscal Year 2008-09



Consider Adoption of Treasurer's Report for June 2009








Monthly Report from California American Water General Manager, Craig Anthony



Water Supply Project Alternatives Update



Water Conservation Program Report








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 Application #20080606and to Create “Anderson” Water Distribution System; APN 259-021-004

Action: The Board will consider approval of an application for a well at 2969 Monterey-Salinas Highway to serve an 18-unit office building previously approved by the City of Monterey.



Staff Presentation






Consider First Reading of Ordinance No. 140 Amending the Rebate Program Amounts, Deleting 1.6 Gallon Per Flush Toilets from the Rebate Program, and Adding Rebates for Lawn Removal, Synthetic Turf Installation, and Other Commercial/Industrial/Institutional Retrofits 

Action:  The Board will consider the first reading of an ordinance that expands the water conservation rebate program.  The ordinance also eliminates rebates for 1.6 gallon toilets and increases the rebates for High Efficiency Toilets.  The proposed effective date is December 1, 2009.



Staff Presentation






Consider First Reading of  Ordinance No. 141 Amending and Revising Regulation XIV -- Water Conservation--To Update and Clarify Language and Add Non-Residential and Landscape Water Efficiency Requirements

Action:  The Board will consider the first reading of an ordinance that comprehensively revises and clarifies the District’s conservation regulation and adds new construction, remodel, change of ownership/use and commercial/industrial/institutional requirements to increase efficiency and water conservation on the Monterey PeninsulaThis ordinance does not impact Rule 25.5, Table 4: Residential Ultra-Low Consumption Appliance Credits.



Staff Presentation





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 September 2009



Water Conservation Program Report



Monthly Allocation Report



Monthly California American Water Production Report



Monthly Water Supply Status Report



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



Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Project








Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at


Live Broadcast



Mon. Oct. 19, 2009, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside





Ch. 28, 7 PM, Mon. Nov. 2, 9 and 16, 2009

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


Ch. 28, 7 PM, Fri. Nov. 6, 13, 20 & 27

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


Ch. 28, 1 PM, Sat. Oct. 31, Nov. 7, 14, & 21

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


Ch. 25, 7 PM, Sun. Oct. 25, Nov. 8, 15 & 22

Del Rey Oaks, Monterey, Sand City, Seaside


Upcoming Board Meetings


Tuesday, November 10, 2009

Board Workshop

5:30 PM

District Office


Monday, November 16, 2009

Regular Meeting

7:00 PM

District Office


Thursday, November 19, 2009

Board Closed Session

5:30 PM

District Office


Monday, December 14, 2009

Regular Meeting

7:00 PM

District Office


Thursday, January 28, 2010

Regular Meeting

7:00 PM

District Office


Thursday, February 26, 2010

Regular Meeting

7:00 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 Thursday, October 15, 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.