FINAL MINUTES Regular Meeting Board of Directors Monterey Peninsula Water Management District August 17, 2009
The meeting was called to order at 7:05 PM in the District Conference Room.	CALL TO ORDER/ROLL CALL
Directors Present: 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 Directors Absent: None General Manager present: Darby Fuerst District Counsel present: David C. Laredo
The assembly recited the Pledge of Allegiance.	PLEDGE OF ALLEGIANCE
During Oral Communications, Daniel Dawson, Del Rey Oaks City Manager introduced himself to the Board.	ORAL COMMUNICATIONS
On a motion by Director Pendergrass and second of Director Edwards, the Consent Calendar was approved unanimously on a vote of 7 – 0.	CONSENT CALENDAR
Approved.	1.	Consider Adoption of Minutes of the July 20, 2009 Regular Board Meeting
Approved.	2.	Adopt Findings of Denial for Appeals of General Manager’s March 20, 2009 Decision Regarding Hidden Hills Unit of California American Water Distribution System – (1) Gary E. Wiegand, (2) James Douglas Meador and Luann Meador, and (3) California American Water
Approved.	3.	Receive Notice of Appointments to Carmel River Advisory Committee
Approved.	4.	Consider Adoption of Resolution 2009-11 Amending Table 1: Residential Fixture Unit Count Values
Approved.	5.	Consider Expenditure of Budgeted Funds for Extension of Cooperative Agreement with United States Geological Survey for Streamflow Gaging in Water Year 2010
Approved.	6.	Consider Expenditure of Budgeted Funds for the Purchase of Integrated Technology Support Hardware and Data
Approved.	7.	Consider Expenditure of Budgeted Funds for Landscape Irrigation Audits/Budgets (Rule 172) and Authorize the General Manager to Renew Contracts with Spot Water Management and Pacific Water Management for Auditing Services
Approved.	8.	Receive 2006-07 Mitigation Program Annual Report
Approved.	9.	Consider Approval of Fourth Quarter Fiscal Year 2008-09 Investment Report
	PRESENTATIONS
Mr. Anthony reported the following to the Board. (1) Mr. Anthony had scheduled a meeting with the City of Del Rey Oaks to resolve issues related to installation of a water transmission pipe through the City that would enable full delivery of water to the Aquifer Storage and Recovery Project. (2) All the acoustic-listening leak detectors and water meters in the Hidden Hills water system have been replaced. In addition, all transmission pipeline improvements in Hidden Hills authorized by the Public Utilities Commission will be completed by November. (3) On September 2, 2009, California American Water (Cal-Am) will address the State Water Resources Control Board (SWRCB) regarding the draft Cease and Desist Order issued on July 27, 2009. In its comments, Cal-Am will state that a new rate structure and additional conservation measures will reduce water use in its service area. In order to comply with the order, Cal-Am would seek authorization from the Public Utilities Commission to implement a moratorium on new water hook ups. Yet, even with enhanced conservation efforts, the community may not meet reductions required in the order. Cal-Am customers on the Monterey Peninsula have reduced water use well below the average for water customers in California. Cal-Am continues to work with local agencies to develop a water supply project. Mr. Anthony encouraged members of the public to present comments before the SWRCB at the September 2, 2009 public workshop.	10.	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.	11.	Water Supply Project Alternatives Update
No report was presented.	12.	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 July 31, 2009, Cal-Am production from the Carmel River Basin was 400 acre-feet under the production target of 8,715 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 884 acre-feet under the production target of 2,783 acre-feet established by the Seaside Groundwater Basin Adjudication. Production from the Laguna Seca Subarea was 189 acre-feet over the production target of 207 acre-feet established by the Seaside Groundwater Basin Adjudication. Therefore, total Cal-Am production from the Seaside Basin was 695 AF under the adjudication target of 2,990 AF.	13.	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
During the public comment period of the August 6, 2009 meeting, Mark Stilwell, representing the Pebble Beach Company, and Craig Anthony, representing California American Water, spoke with respect to matters on the agenda. District Counsel Laredo reported that during the closed session, discussion focused on the 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), and also SWRCB Cease and Desist Order WR 2009-00XX-DWR. No reportable action was taken. At the August 10, 2009 session, the Board discussed SWRCB Cease and Desist Order WR 2009-00XX-DWR. No reportable action was taken. At the August 17, 2009, 5:30 PM session, the Board discussed agenda items 3 A through H, and item 4. No reportable action was taken. The closed session was scheduled to reconvene following adjournment of the 7 PM meeting.	14.	Report on August 6, August 10 and August 17, 2009 Closed Sessions 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.	Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)
		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 2009-00XX-DWR
		E.	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)
		F.	California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)
		G.	Monterey Peninsula Water Management District v. Roy Woods, et al., (Case No. M 83499)
		H.	Monterey Peninsula Water Management District v. Nick Marotta, Jr., et al., (Case No. M 83498)
		4.	Conference with Labor Negotiators (Gov. Code §54957.6)
			Agency Designated Representative: Darby Fuerst
			Unrepresented Employees: Confidential Unit
	DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
Directors Lehman and Doyle reported on their attendance at the August 14, 2009 meeting of Sustainable Seaside that was conducted at Martin Park to feature the efforts of Volunteers in the Park, a group involved in rehabilitation of Martin Park. Director Lehman noted that MPWMD staff member Michael Boles is a member of Sustainable Seaside. Director Doyle expressed a need for information on low-water use, child-friendly landscaping for parks. Director Brower reported that he and Darby Fuerst had met with Lou Calcagno, Monterey County District 2 Supervisor, and Curtis Weeks, General Manager of the Monterey County Water Resources Agency, to discuss the status of Memorandums of Agreement between local agencies involved in planning for development of a regional water supply project.	15.	Oral Report on Activities of County, Cities, Other Agencies/Committees/ Associations
No Public Hearing items were presented for Board consideration.	PUBLIC HEARINGS
No Action items were presented for Board consideration.	ACTION ITEMS
There was no discussion of the Informational Items/Staff Reports.	INFORMATIONAL ITEMS/STAFF REPORTS
	16.	Letters Received
	17.	Committee Reports
	18.	Carmel River Fishery Report for July 2009
	19.	Water Conservation Program Report for June 2009
		Water Conservation Program Report for July 2009
	20.	Monthly Allocation Report
	21.	Monthly California American Water Production Report
	22.	Monthly Water Supply Status Report
The Regular Board meeting was adjourned at 7:45 PM. At 7:55 PM the 5:30 PM Closed Session was reconvened.	ADJOURN AND RECONVENE 5:30 PM CLOSED SESSION

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Darby Fuerst, Secretary to the Board

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