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 18, 2011

5:30 PM – Closed Session

Monterey Peninsula Airport District, Board Room

Suite 200, Second Floor, Terminal Building

200 Fred Kane Drive, 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 15, 2011.

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 CPUC Application No.10-01-012 –Mitigation Cost Reimbursement 





Application of California American Water Company to CPUC (Application No. 10-07-007) 2010 General Rate Case (2012-2014)





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





Sierra Club v. MPWMD, Security National Guaranty & California American Water, Real Parties (Superior Court Case No. M 108149)





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








Adjourn to 7 PM Session



Board of Directors

Robert S. Brower Sr., Chair – Division 5

David Potter, Vice Chair – Monterey County

Board of Supervisors

Vacant – Division 1

Judi Lehman – Division 2

Kristi Markey, Chair – Division 3

Regina Doyle – Division 4

David Pendergrass – Mayoral Representative


General Manager

Darby W. Fuerst


This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Thursday, April 14, 2011.  Staff reports regarding these agenda items will be available for public review on Thursday, April 14, through Monday, April 18 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 16, 2011.



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. 



Ø  Document from Todd Norgaard








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 21, 2011 Regular Board Meeting




Consider Adoption of Record from March 31, 2011 Board Special Meeting/Goal Setting Session




Consider Authorization to Retain Lead Labor Negotiator




Consider Expenditure of Budgeted Funds (reimbursable, exempt from spending freeze) for Purchase of Internet License for Water Wise Gardening in Monterey County




Authorize Expenditure of Reimbursable Funds (exempt from Board spending freeze) to Contract for Consultant Services to Complete Design of the Sleepy Hollow Ford Removal and Bridge Replacement Project




Receive and File District-Wide Annual Water Distribution System Production Summary Report for Water Year 2010




Receive and File District-Wide Annual Water Production Summary Report for Water Year 2010




Consider Approval of Treasurer's Report for January 2011




Consider Approval of Treasurer’s Report for February 2011










Monthly Report from California American Water General Manager, Craig Anthony




Report from Craig Anthony on California American Water Plans for Implementation of Moratorium on Water Connections for New and Expanded Water Use




Ø  Letter from David C. Sweigert, Fenton & Keller




Water Conservation Program Report




Update on Development of Water Supply Project Alternatives Including Recycled Water










Status Report on California American Water Compliance with State Water Resources Control Board Order 2009-0060 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 Appeal of General Manager's Decision to Require a Water Permit for Two Showerheads Pursuant to District Rule 20, Permits Required -- 951 Coral Drive, Pebble Beach (APN: 007-254-005)

Action:  The Board will make a quasi-judicial decision regarding Water Permit requirements for two Showerheads documented during a District inspection in 2010.




Ø  MPWMD Presentation




Ø  Letter from Tony Sollecito, Realtor




Ø  Document submitted by Margaret L. Thum








Consider Second Reading and Adoption of Ordinance No. 148 -- Amending the Rebate Program -- Adopting Guidelines for Lawn Removal

Action:  The Board will consider second reading and adoption of an ordinance that amends Rule 141, Water Conservation Rebates, to implement the new and additional policies related to Lawn removal Rebates adopted in Resolution 2011-04 and amends Rule 141 to address future unavailability of a Rebate Account.  This ordinance also amends portions of the Rebate Program to strengthen conditions of approval, clarifies that Sites must comply with applicable District rules before Rebates are issued, disqualifies Qualifying Devices mandated by local, State or Federal water conservation programs, reorders language related to Ultra High Efficiency Toilets in Rule 141-C, and deletes reference to a list of Weather Based Irrigation Controllers maintained by the District. This ordinance also clarifies deed restriction requirements allowing access to water records for recipients of Weather Based Irrigation Controller Rebates, Lawn removal Rebates, and Synthetic Turf Rebates.




Ø  MPWMD Presentation








Consider Approval of Draft 2010 MPWMD Annual Report

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




Ø  MPWMD 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 2011




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 18, 2011, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside







Ch. 28, 7 PM, Mon., May 2, 9 & 16, 2011

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



Ch. 28, 7 PM, Fri., April 29, May 6, 13, & 20, 2011

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



Ch. 28, 1 PM, Sat., April 30, May 7, 14 & 21, 2011

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



Ch. 25, 7 PM, Sun., April 24, May 1, 8 & 15, 2011

Del Rey Oaks, Monterey, Sand City, Seaside







Upcoming Board Meetings



Monday, April 18, 2011

Regular Board Meeting

7:00 pm

District Conference Room



Monday, May 16, 2011

Regular Board Meeting

7:00 pm

District Conference Room



Thursday, May 26, 2011

Special Meeting/Board Workshop – Draft FY 2011-2012 MPWMD Budget

7:00 pm

District Conference Room