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, September 19, 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, September 16, 2011.

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




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




California-American Water Company v. Monterey Peninsula Water Management District. Monterey County Superior Court Case No: M113336




Application of California American Water to the CPUC (Application No. 04-09-019)  Coastal Water Project







Adjourn to 7 pm Session





Board of Directors

Robert S. Brower Sr., Chair – Division 5

David Potter, Vice Chair – Monterey County

Board of Supervisors

Brenda Lewis – Division 1

Judi Lehman – Division 2

Kristi Markey – Division 3

Regina Doyle – Division 4

David Pendergrass – Mayoral Representative


General Manager

David J. Stoldt


This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Wednesday, September 14, 2011.  Staff reports regarding these agenda items will be available for public review on Thursday, September 15, through Monday, September 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, October 17, 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. 


·         Message to Robert Brower from Charlie Page


·         Letter from Dick Heuer


·         Commentary to MPWMD from Marc Beique


·         Statement of Sierra Club RE: Regulatory Water


·         Comments submitted by Roland Martin






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 August 15, 2011 Regular Board Meeting and August 25, 2011 Board Workshop



Consider Adoption of Findings of Approval – Consider Request for Variance from  District Rule 23-B-2-a Requiring a Separate Water Meter for Each Water User at 10 Vista Ladera, Carmel Valley (APN 187-111-027),  Applicant:  Elaine Rankin



Authorize Expenditure of Reimbursable Funds Obtained from the California Department of Fish and Game to Contract with List Engineering to Complete Final Design and Denise Duffy & Associates to Complete Environmental Review and Permitting for the Sleepy Hollow Steelhead Rearing Facility (SHSRF) Sediment Control and Intake Retrofit



Consider Budgeted Expenditure for Pump Maintenance at Sleepy Hollow Steelhead Rearing Facility



Consider Authorization of Sub-Grantee Agreements, Consultant Contracts, and Purchase Orders for Projects to Update the Integrated Regional Water Management Plan for the Monterey Peninsula, Carmel Bay and Southern Monterey Bay



Consider Adoption of Administrative Committee Recommendation that No Action be Taken on Establishment of an Annual Limit per Director on Expenditures for Board Conference/Travel



Ratify Amendments to Board Committee Assignments



Appoint David J. Stoldt to the Position of Board Secretary



Consider Adoption of Treasurer's Report for June 2011







Report from California-American Water re Progress on Reducing Non-Revenue Water Use



Water Conservation Program Report



Update on Development of Water Supply Projects 







Status Report on California American Water Compliance with State Water Resources Control Board Order 2009-0060 and Seaside Groundwater Basin Adjudication Decision



Report on Follow-Up from Public Input Received at August 25, 2011 Board Workshop on Alternative Water Supply Planning








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 Board Member Referral Regarding General Manager Direction for Assessment of Flores Well #1 and Pisenti Well #2 (APN 103-071-002 and 103-071-019, Respectively)

Action:  The Board will consider a referral by Director Markey on whether or not to set a future public hearing on an administrative decision by the General Manager regarding the completeness of the Pisenti and Flores water distribution system applications as well as possible future action regarding testing protocol for water wells.



·         Document submitted by Molly Erickson






Consider Second Reading and Adoption of Ordinance No. 149, An Ordinance of the Board of Directors Amending the Rebate Program

Action:  The Board will consider second reading and adoption of an ordinance that increases the Rebate for High Efficiency Clothes Washers, reduces the Rebate for Lawn Removal, and eliminates the Rebates for Synthetic Turf and Rain Sensors.






Consider Adoption of October through December 2011 Quarterly Water Supply Strategy and Budget

Action:  The Board will consider approval of a proposed production strategy for the California American Water Distribution Systems for the three-month period of October through December 2011.  The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.





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



Consider Adoption of Resolution 2011-12 Modifying Rule 162 – Regulatory Water Production Targets for California American Water Systems

Action:  The Board will consider modifications to the Regulatory Water Production Targets in Tables XV-1 and XV-2 of Rule 162.  The modifications reflect the anticipated changes in Cal-Am production limits as set by the State Water Resources Control Board orders and Seaside Basin Adjudication decision in Water Year 2012.






Agenda Item 21 removed from the agenda prior to publication.





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 August 2011



Water Conservation Program Report for July 2011



Water Conservation Report for August 2011



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.,  Sept. 19, 2011, 7 PM,  Ch. 25

Del Rey Oaks, Monterey, Sand City, Seaside





Ch. 28, 7 PM, Mon., Oct. 3, 10, 17 & 24, 2011

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


Ch. 28, 7 PM, Fri., Sept. 30, Oct. 7, 14, 21 and 28, 2011

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


Ch. 28, 1 PM, Sat., Oct. 1, 8, 15, 22 & 29, 2011

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


Ch. 25, 7 PM, Sun., Sept. 25, Oct. 2, 9, & 16, 2011

Del Rey Oaks, Monterey, Sand City, Seaside








Upcoming Board Meetings


Mon. Oct. 17, 2011

Regular Board Meeting

7:00 pm

District Conference room


Thurs. Oct. 27, 2011

Tentative -- Special Meeting/Board Workshop

7:00 pm

District Conference room


Mon. Nov. 21, 2011

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.  MPWMD will also make a reasonable effort to provide translation services upon request.  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, September 15, 2011.  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.