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.

AGENDA Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** Monday, November 16, 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 http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2009/2009.htm by 5 PM on Friday, November 13, 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.
1.	Public Comment – Members of the public may address the Board on the item or items listed on the Closed Session agenda.
2.	Adjourn to Closed Session
3.	Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
	A.	Application of California American Water Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project
	B.	Application of California American Water Company to PUC Application No. 09-XX-XXX –Mitigation Cost Reimbursement
	C.	Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)
	D.	MPWMD v. State Water Resources Control Board; Superior Court Case No. M102101
	E.	California American Water v. State Water Resources Control Board, Superior Court Case No. M102097
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, November 12, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, November 12, through Monday, November 16 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 http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2009/2009.htm. 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 December 14, 2009.
	F.	California American Water Advice Letter No. 809 (Request for Moratorium) Before the California Public Utilities Commission
	G.	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)
	H.	California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)
	I.	California American Water v. MPWMD (Ryan Ranch) (Superior Court Case No. M 101255)
4.	Conference with Labor Negotiators (Gov. Code 54957.6)
	Agency Designated Representatives: Rick Dickhaut, Cynthia Schmidlin and Darby Fuerst
	Employee Organization: General Staff and Management Bargaining Unites Represented by United Public Employees of California/LIUNA, Local 792
5.	Adjourn to 7 PM Session
7 PM -- Regular Board Meeting
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
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.
1.	Consider Adoption of Minutes of the October 19, 2009 Regular Board Meeting
2.	Consider Adoption of Resolution Expressing Appreciation to Susan Rogers for Service on the Carmel River Advisory Committee
3.	Consider Adoption of Resolution Expressing Appreciation to Richard H. Rosenthal for Service on the Carmel River Advisory Committee
4.	Consider Approval of Sick Leave Provisions of Influenza Pandemic Preparedness Policy
5.	Consider Expenditure of Budgeted Funds to Amend Contract with Pueblo Water Resources for FY 2009-10 Aquifer Storage and Recovery Project Technical Assistance
6.	Consider Expenditure of Funds for Amendment to Database Programming Contract to Accommodate Changes for Ordinance No. 140 & 141 Implementation, Functionality Improvements, and Database Support and Maintenance
7.	Consider Expenditure of Budgeted Funds for Landscape Irrigation Audits/Budgets (Rule 172) and Authorize the General Manager to Amend Contract with Spot Water Management for Auditing Services
PRESENTATIONS
8.	Present Resolutions of Appreciation to Susan Rogers and Richard H. Rosenthal for Service on the Carmel River Advisory Committee
9.	Recognize MPWMD Employees for Length of Service to the District
10.	Monthly Report from California American Water General Manager, Craig Anthony
11.	Water Supply Project Alternatives Update
12.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
13.	Report on Outcome of November 3, 2009 Election
14.	Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision
15.	Status Report on Hidden Hills Water Distribution System
ATTORNEY’S REPORT
16.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
17.	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.
18.	Consider Second Reading and Adoption 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 adoption on second 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
19.	Consider Second Reading and Adoption 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 adoption on second 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 Peninsula.  This ordinance does not impact Rule 25.5, Table 4: Residential Ultra-Low Consumption Appliance Credits.
	Staff Presentation
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
20.	Discussion of California American Water Unaccounted For Water Losses Action: The Board will consider California American Water unaccounted for water losses in Water Year 2009 relative to the District standard.
	Staff Presentation
21.	Status Report/Overview of State Water Resources Control Board October 20, 2009 Cease and Desist Order WR 2009-0060 Action: The Board will review the status of State Water Resources Control Board Order WR 2009-0060, its implications and a possible response.
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.
22.	Letters Received		Letter Packet
23.	Committee Reports
24.	Carmel River Fishery Report for October 2009
25.	Water Conservation Program Report
26.	Monthly Allocation Report
27.	Monthly California American Water Production Report
28.	Monthly Water Supply Status Report
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channels 25 & 28 Live webcast at www.ampmedia.org/asx/monterey25.asx
Live Broadcast
Mon. November 16, 2009, 7 PM, Ch. 25						Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon., Nov. 30, Dec. 7 & 14, 2009						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., Nov. 27, Dec. 4, 11 & 18, 2009						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., Nov. 28, Dec. 5, 12 & 19, 2009						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., Nov. 23, 30, Dec. 6 & 13, 2009						Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
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 Friday, November 13, 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.

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