FINAL MINUTES Regular Meeting Board of Directors Monterey Peninsula Water Management District April 20, 2009
The meeting was called to order at 7:00 PM in the District Conference Room.	CALL TO ORDER/ROLL CALL
Directors Present: Kristi Markey, Chair -- Division 3 Regina Doyle, Vice Chair – Division 4 (participated via teleconference from Japan) Alvin Edwards – Division 1 Judi Lehman – Division 2 Bob Brower – Division 5 David Pendergrass – Mayoral Representative Directors Absent: Director Potter General Manager present: Darby Fuerst District Counsel present: David C. Laredo
The assembly recited the Pledge of Allegiance.	PLEDGE OF ALLEGIANCE
No comments were directed to the Board during Oral Communications.	ORAL COMMUNICATIONS
On a motion by Director Brower and second by Director Pendergrass, the Consent Calendar was approved unanimously on a roll call vote of 6 - 0. Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent.	CONSENT CALENDAR
Approved.	1.	Consider Adoption of Minutes of the March 16, 2009 Special Board Meeting and March 26, 2009 Regular Board Meeting
Approved.	2.	Consider Adoption of Resolution No. 2009-01 Regarding Director Participation in District Health Insurance Plans
Approved.	3.	Consider Adoption of Resolution No. 2009--02 Declaring May as Water Awareness Month
Approved.	4.	Consider Adoption of Resolution No. 2009--03 Ordering an Election for Voters in Divisions 1 and 2, Requesting County Elections to Conduct the Election, and Requesting Consolidation of the Election
Approved.	5.	Consider Expenditure of Budgeted Funds to Contract with Ventana Wildlife Society for Carmel River Avian Habitat Monitoring
Approved.	6.	Consider Expenditure of Budgeted Funds to Purchase Water Conservation Equipment
Approved.	7.	Consider Expenditure of Budgeted Funds to Purchase Irrigation System Rain Sensors
Approved.	8.	Consider Expenditure of Budgeted Funds to Repair Rooftop Air Conditioning Unit at 5 Harris Court, Building G
Approved.	9.	Consider Expenditure of Budgeted Funds to Purchase Compact Sports Utility Vehicle
Approved.	10.	Authorize a Change to the Organization Chart Replacing One Conservation Representative I/II Position with a Conservation Analyst Position
Approved.	11.	Receive and File District-Wide Annual Water Distribution System Production Summary Report for Water Year 2008
Approved.	12.	Receive and File District-Wide Annual Water Production Summary Report for Water Year 2008
Approved.	13.	Receive and File Water Year 2008 Seaside Basin Aquifer Storage and Recovery Summary Report
Approved.	14.	Consider Adoption of Treasurer's Report for February 2009
	PRESENTATIONS
Mr. Anthony greeted the Board, but did not present a report.	15.	Monthly Report from California American Water General Manager, Craig Anthony
Henrietta Stern, Project Manager, presented the report. An outline of Ms. Stern’s presentation is on file at the District office and can be viewed at the District’s website.	16.	Water Supply Project Alternatives Update
Stephanie Pintar, Water Demand Manager, presented the report. An outline of Ms. Pintar’s report is on file at the District office and can be viewed at the District’s website.	17.	Water Conservation Program Report
	GENERAL MANAGER’S REPORT
Darby Fuerst, General Manager, presented the report. An outline of the presentation is on file at the District office and can be viewed at the District’s website. Mr. Fuerst reported that for the period of October 1, 2008 through April 15, 2009, CAW production from the Carmel River was 381 acre-feet under the production limit of 5,404 acre-feet established as a result of State Water Resources Control Board (SWRCB) Order 95-10. Production from the Coastal Subareas of the Seaside Basin was 367 acre-feet under the production limit of 1,325 acre-feet established by the Seaside Groundwater Basin Adjudication. Production from the Laguna Seca Subarea was 77 acre-feet over the production limit of 136 acre-feet established by the Seaside Groundwater Basin Adjudication. Therefore, total CAW production from the Seaside Basin was 290 AF under the adjudication limit of 1,461 AF.	18.	Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision
	ATTORNEY’S REPORT
District Counsel Laredo reported that for all items on the Closed Session agenda, status reports were provided to the Board. General direction was provided to staff and attorneys. No specific reportable action was taken.	19.	Report on 5:30 PM Closed Session of the Board
		3.	Conference with Legal Counsel – Existing Litigation (Gov. Code 54945.9 (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 for an Order Authorizing a Special Conservation Program and Modifications to its Rate Design in its Monterey District, and Authorization to Increase its Rates for Water Service in its Monterey District to the CPUC – Conservation Program Application (Applications No. 07-12-010, 08-02-018)
		C.	Application of California -American Water Company for Authorization to Increase its Revenues for Water Service in its Monterey District in years 2009; 2010; and 2011 General Rate Case (Application No. 08-01-027)
		D.	SWRCB Cease and Desist Order WR 2008-00XX-DWR
		E.	SWRCB Complaint re CAW (Sierra Club, Ventana Chapter, and Carmel River Steelhead Association)
		F.	MPWMD v. Nick and Gerda Marotta, Monterey Superior Court (M83498)
		G.	MPWMD v. Roy Woods, WOODS 1995 Trust, Monterey Superior Court (M83499)
		4.	Conference with Labor Negotiators (Gov. Code §54957.6)
			Agency Designated Representatives: Rick Dickhaut, Cynthia Schmidlin, Darby Fuerst
			Employee Organization: General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792
			Unrepresented Employees: Confidential Unit
	DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
Director Brower reported that he attended the April 16, 2009 tour of California American Water’s (CAW) pilot seawater desalination plant in Moss Landing, California.	20.	Oral Report on Activities of County, Cities, Other Agencies/Committees/ Associations
	PUBLIC HEARINGS
On a motion by Director Edwards and second by Director Brower, the Board unanimously approved a motion to direct staff to finalize the 2008 MPWMD Annual Report, and that Directors would submit suggestions for modifications to the report by April 27, 2009. Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion. Director Potter was absent. No comments were directed to the Board during the public hearing on this item.	21.	Consider Approval of Draft 2008 MPWMD Annual Report
On a motion by Director Pendergrass and second by Director Edwards, the first reading version of the ordinance was adopted by the Board on a roll-call vote of 6 – 0. Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted in favor of the motion to adopt. Director Potter was absent. No comments were directed to the Board during the public hearing on this item.	22.	Consider First Reading of Ordinance No. 139 -- Amending the Rebate Program to Disallow Both a Rebate and Water Credit for a Single Qualifying Device
	ACTION ITEMS
Director Brower offered a motion which was seconded by Director Edwards, that a letter be sent to Monterey Regional Water Pollution Control Agency indicating support for the Regional Project and requesting inclusion in the leadership and management framework described in the Monterey Regional Water Supply Program Planning MOU. Director Edwards offered an amendment to the motion, requesting that Director Brower be appointed to represent the District on the management committee along with General Manager Fuerst and Board Chair Markey. The motion was seconded by Director Brower and adopted unanimously on a roll-call vote of 6 – 0. Directors Brower, Doyle, Edwards, Markey, Lehman, and Pendergrass voted in favor of the motion. Director Potter was absent. No comments from the public were directed to the Board during the public comment period on this item.	23.	Review Special Meeting of MRWPCA Board of Directors and Ad Hoc Water Supply Planning Committee Regarding Development of Long-Term Agreements Among MRWPCA, MCWD, and MCWRA to Support the Proposed Regional Water Project, and Direct Preparation of a District Response
There was no discussion of the Informational Items/Staff Reports.	INFORMATIONAL ITEMS/STAFF REPORTS
	24.	Letters Received
	25.	Committee Reports
	26.	Carmel River Fishery Report for March 2009
	27.	Water Conservation Program Report
	28.	Monthly Allocation Report
	29.	Monthly California American Water Production Report
	30.	Monthly Water Supply Status Report
	31.	Quarterly Water Supply Project Status Report
	32.	Quarterly Irrigation Program and Riparian Projects Report
	33.	Quarterly Carmel River Erosion Protection and Restoration Projects Report
	34.	Quarterly Water Use Credit Transfer Status Report
The meeting was adjourned at 8 PM.	ADJOURNMENT

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Darby Fuerst, Secretary to the Board

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