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, April 19,  2010

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, April 16, 2010.

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 Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project




Application of California American Water Company to PUC Application No. 10-01-012 –Mitigation Cost Reimbursement 




Application of California American Water Company regarding Reimbursement Balancing    CPUC Application No. 09-04-015










Board of Directors

Regina Doyle, Chair – Division 4

Bob Brower, Vice Chair – Division 5

Alvin Edwards – Division 1

Judi Lehman – Division 2

Kristi Markey, Chair – Division 3

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, April 15, 2010.  Staff reports regarding these agenda items will be available for public review on Thursday, April 15, through Monday, April 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, May 17, 2010.












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




MPWMD v. State Water Resources Control Board; Superior Court Case No. 1-10-CV-163328




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




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 March 15, 2010 Regular Board Meeting and the Special Board Meetings of March 25, 2010 and April 5, 2010



Consider Adoption of Resolution No. 2010-04  Declaring May as Water Awareness Month



Consider Adoption of Resolution No. 2010-05  Expressing Support for the Safe, Clean and Reliable Drinking Water Supply Act of 2010



Consider Expenditure of Budgeted Funds to Install Two California Irrigation Management Information System (CIMIS) Stations in Zones 2 and 3 on the Monterey Peninsula



Consider Expenditure of Budgeted Funds to Contract for Temporary Help in the Water Demand Division



Consider Approval of Treasurer's Report for February 2010







Monthly Report from California American Water General Manager, Craig Anthony



Update on Development of Water Supply Project Alternatives Including Recycled Water



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



Status Report and Discussion of CPUC Proceedings Relating to California American Water’s Coastal Water Project and the Regional Water Project 








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 Ocean View Community Services District Water Distribution System -- APN 001-021-010 et al; Cannery Row, City of Monterey

Action:  The Board will consider approval of an application to construct an on-site desalination  plant that would only serve the water needs of the mixed-use "Ocean View Plaza Project," which was previously approved by the City of Monterey and other agencies.  The production limit would be 27.89 acre-feet per year for up to 155 connections (commercial, residential, landscaping).  The Ocean View Community Services District (OVCSD), created in 2005, would own and operate the water system.  California American Water (CAW) would not serve the project until CAW has secured a long-term supply and provided formal notice that it is ready to serve the project.  At that time, the OVCSD must be dissolved and the desalination plant dismantled.  



Water Related Excerpts from EIR and SEIR provided to MPWMD Board



Staff Presentation



Applicant Presentation





ACTION ITEMSNo Action items were submitted for Board consideration.





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 March 2010



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










Board Meeting Broadcast Schedule – Comcast Channels 25 & 28

Live webcast at


Live Broadcast



Mon. April 19, 2010 , 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside





Ch. 28, 7 PM, Mon., May 3, 10, 17 & 24

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


Ch. 28, 7 PM, Fri., May 7, 14, & 21

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


Ch. 28, 1 PM, Sat., May 1, 8, 15, & 22

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


Ch. 25, 7 PM, Sun., April 25, May 2, 9, & 16

Del Rey Oaks, Monterey, Sand City, Seaside














Upcoming Board Meetings


Monday, May 17, 2010

Regular Board Meeting

7:00 PM

District Conference Room


Thursday, May 27, 2010

Board Workshop re FY 2010-2011 MPWMD Budget

7:00 PM

District Conference Room


Monday, June 21, 2010

Regular Board 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 on April 15, 2010.  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.