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 14,  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, December 11, 2009.

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.






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) 


















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 Wednesday, December 9, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, December 10, through Monday, December, 14 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 January 28, 2009.








MPWMD v. State Water Resources Control Board;  Superior Court Case No. M102101




California American Water v. State Water Resources Control Board, Superior Court Case No.  M102097




California American Water Advice Letter No. 809 (Request for Moratorium) Before the California Public Utilities Commission




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)







Public Employee 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. 


Documents submitted to the Board


Document submitted to the Board – Peter M. Fallon






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 November 10, 2009 Special Meeting/Board Workshop and November 16, 2009 Regular Board Meeting



Consider Adoption of Resolution No. 2009-12 Certifying Official Results of November 3, 2009 MPWMD Election



Consider Adoption of Strategic Plan that Includes 90-Day, 3-Year and 5-Year Goals



Consider Approval of MPWMD Newsletter Text



Consider Expenditure of Budgeted Funds to Publish and Distribute MPWMD Newsletter



Consider Expenditure of Budgeted Funds for Sleepy Hollow Steelhead Rearing Facility Stand-by Generator Maintenance Service with Quinn Power Systems for Fiscal Year 2009-10



Approve Expenditure of Funds Approved by Public Utility Commission for Landscape Irrigation Audits and Budgets



Consider Adoption of Resolution 2009-13 Amending MPWMD Rule 24, Table 1 -- Residential Fixture Unit Count Values



Consider Adoption of Resolution 2009-14 Amending MPWMD Rule 25.5, Table 4 --Ultra-Low Consumption Appliance Credits



Consider Adoption of Resolution 2009-17 Modifying Rule 162 -- Regulatory Water Production Targets for California American Water Systems



Appoint Representative and Alternate to the Seaside Groundwater Basin Watermaster



Adopt Board Meeting Schedule for 2010



Consider Adoption of Treasurer's Report for July 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 November 19, 2009 and December 14, 2009, 5:30 PM Closed Sessions 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 #20090720GRE to Create Greek Orthodox Church Water Distribution System, APN 259-021-013

Action:  The Board will consider an application for the use of one well at 3051 Monterey-Salinas Highway, Monterey, to provide potable supply and landscape irrigation for two church buildings: a 200-seat church sanctuary and a multi-purpose building (offices/classrooms/assembly hall) on the 2.69-acre parcel, as previously approved by the City of Monterey.  The parcel is within the California American Water (CAW) service area, but CAW water is not available.  The requested production limit is 1.65 acre-feet per year. 



Staff Presentation






Consider First Reading of Ordinance No. 142  -- An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Regulation XV, the Expanded Water Conservation and Standby Rationing Plan, to Allow an Exception to the Mandatory Requirement for Implementation of Stage 5, 6, or 7 when a Final Cease and Desist Order is Issued

Action:  The Board will review and discuss the ordinance.  If the first reading is approved, the final ordinance could be presented for adoption at the January 28, 2009 Board meeting.



Staff Presentation






Consider Adoption of January through March 2010 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 January through March 2010.  The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water system.



Staff Presentation





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



Receive Report on MPWMD 95-10 Desalination Project

Action: The Board will receive a report by District consultant Martin B. Feeney regarding hydrogeologic investigations of a seawater desalination project with intake facilities located in the southern portion of Fort Ord Dunes State Park. The report contains findings and conclusions regarding feasibility of the 95-10 Desalination Project.



Staff Presentation






Discussion of California American Water Unaccounted For Water Losses -- Presentations from Craig Anthony, California American Water and Darby Fuerst, MPWMD

Action: The Board will receive a presentation by California American Water regarding its unaccounted for water losses and efforts underway to reduce these losses.  The Board will discuss how these losses relate to the different standards that have been set by the District, State Water Resources Control Board, and the California Public Utilities Commission.



CAW Presentation



MPWMD Presentation






Conduct Election of Board Officers for 2010

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.





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 November 2009



Water Conservation Program Report October 2009



Monthly Allocation Report



Monthly California American Water Production Report



Monthly Water Supply Status Report










Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at


Live Broadcast



Mon. Dec. 14, 2009, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside





Ch. 28, 7 PM, Mon. Dec. 29 & Jan. 4, 11, 18 & 25

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


Ch. 28, 7 PM, Fri. Dec. 25 & Jan. 1, 8, 15 & 27

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


Ch. 28, 1 PM, Sat. Dec. 26 & Jan. 2, 9, 16 & 23

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


Ch. 25, 7 PM, Sun. Dec. 20 & 27, & Jan. 3, 10, 17 & 24

Del Rey Oaks, Monterey, Sand City, Seaside








Upcoming Board Meetings


Thursday, January 28, 2010

Regular Board Meeting

7:00 PM

District Conference Room


Thursday, February 25, 2010

Regular Board Meeting

7:00 PM

District Conference Room


Monday, March 15, 2010

Regular Board Meeting

7:00 PM

District Conference Room


Wednesday, March 31, 2010

Tentative Special Meeting

7:00 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 Thursday, December 10, 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.