FINAL MINUTES Regular Meeting Board of Directors Monterey Peninsula Water Management District September 21, 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 Alvin Edwards – Division 1 Judi Lehman – Division 2 Bob Brower – Division 5 David Pendergrass – Mayoral Representative David Potter – Monterey County Board of Supervisors (Arrived at 7:04 PM) Directors Absent: None General Manager present: Darby Fuerst District Counsel present: David C. Laredo
The assembly recited the Pledge of Allegiance.	PLEDGE OF ALLEGIANCE
No comments.	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 August 17, 2009 Regular Board Meeting
Approved.	2.	Consider Adoption of Memorandum of Agreement with Marina Coast Water District Regarding Inter-Agency Communication and Cooperation
Approved.	3.	Consider Adoption of Memorandum of Understanding between the Monterey Peninsula Water Management District and the Confidential Staff Bargaining Unit
Approved.	4.	Consider Adoption of Memorandum of Understanding Regarding the Carmel River Reroute and San Clemente Dam Removal Project
Approved.	5.	Consider Adoption of an Agreement with California American Water Regarding Reimbursement for Mitigation and ASR Activity Expenses
Approved.	6.	Consider Expenditure of Budgeted Funds to Contract for Temporary Help in the Water Demand Division
Approved.	7.	Consider Expenditure of Budgeted Funds to Contract with the California Conservation Corps for Fall 2009 Vegetation Management Activities
Approved.	8.	Consider Expenditure of Budgeted Funds to Extend Contract with Monterey Regional Water Pollution Control Agency for Public Outreach Assistance
Approved.	9.	Consider Expenditure of Funds to Contract with JEA and Associates for Governmental Relations Services
Approved.	10.	Consider Completion of Ballot for Election in Region 5 of the Association of California Water Agencies
Approved.	11.	Receive 2007-08 Mitigation Program Annual Report
	PRESENTATIONS
Mr. Anthony reported that work will begin the week of September 28, 2009 on installation of a transmission pipeline through the City of Del Rey Oaks that will facilitate full operation of the MPWMD Phase 1 Aquifer Storage and Recovery Project. The work should be completed by December 1, 2009.	12.	Monthly Report from California American Water General Manager, Craig Anthony
Director Potter arrived at 7:04 PM.
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.	13.	Water Supply Project Alternatives Update
Stephanie Pintar, Water Demand Manager, presented the report. An outline of Ms. Pintar’s presentation is on file at the District office and can be viewed at the District’s website.	14.	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 September 30, 2009, Cal-Am production from the Carmel River Basin was 715 acre-feet under the production target of 10,557 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 886 acre-feet under the production target of 3,115 acre-feet established by the Seaside Groundwater Basin Adjudication. Production from the Laguna Seca Subarea was 227 acre-feet over the production target of 253 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 3,368 AF.	15.	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 at the September 21, 2009 meeting, a status report was provided on all items, there was Board discussion, but no reportable action was taken.	16.	Report on August 17 and September 21, 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)
Director Lehman reported that she attended the September 9, 2009 Water for Monterey County Coalition meeting, and that funding for the meetings has been exhausted. Mr. Fuerst noted that the next meeting is set for November 4, 2009. There are no plans to continue the meetings past that date.	17.	Oral Report on Activities of County, Cities, Other Agencies/Committees/ Associations
	PUBLIC HEARINGS
Motion #1 -- Director Brower offered a motion to approve the staff recommendation: (A) adopt Findings of Approval for Application #20090709RAN; (B) adopt the Mitigated Negative Declaration with the permitted production limit of 14.07 AFY; and (B) approve Application 200900709RAN and issue MPWMD Permit No. M09-24-L4. The motion was seconded by Director Potter. Motion #2 -- Director Lehman offered a friendly amendment to modify Condition of Approval No. 26 to specify a 5 to 6 year time period to achieve a 5% system loss rate standard. Director Brower did not second the motion. Motion #1 was approved on a vote of 5 – 2. Directors Brower, Doyle, Edwards, Pendergrass and Potter voted in favor of the motion. Directors Lehman and Markey were opposed. The following comments were received during the public hearing on this item. (1) George Lockwood, the applicant, requested that the Board approve the application. (2) Todd Leaders, President of the homeowners association that serves parcels 197-151-003 through 011, 016 and 017, expressed support for the application.	18.	Consider Approval of Application #20090709RAN to Amend the Rancho Del Robledo Water Distribution System to Serve Assessor’s Parcel Numbers: 197-151-003 through -011, -016 and -017
On a motion by Director Potter and second of Director Edwards the Board voted to: (A) adopt Findings of Approval for Application No. 20090120DMC; (B) approve Application No. 20090120DMC; and (C) issue MPWMD Permit No. S09-21-L4 with Conditions of Approval specified in Exhibit 19-D. The motion was approved on a vote of 6 – 1. Directors Brower, Doyle, Edwards, Lehman, Pendergrass and Potter voted in favor of the motion. Director Markey was opposed. No comments from the public were directed to the Board during the public hearing on this item.	19.	Consider Approval of Application #20090120DMC to Create “DMC” Water Distribution System; APN 013-321-004
Director Markey offered a motion that was seconded by Director Potter, to continue the item to the October 19, 2009 Board meeting, and request that District staff modify the draft regulation with respect to the rebates for lawn removal and synthetic turf installation. The motion was approved unanimously on a vote of 7 to 0. No comments were directed to the Board during the public hearing on this item.	20.	Consider First Reading 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
On a motion by Director Pendergrass and second of Director Brower, the October through December 2009 Quarterly Water Supply Strategy and Budget was approved unanimously on a vote of 7 – 0. No comments were directed to the Board during the public hearing on this item.	21.	Consider Adoption of October through December 2009 Quarterly Water Supply Strategy and Budget
	ACTION ITEMS
No action was taken by the Board. Director Markey requested that the proposed regulations be submitted to the Water Demand Committee and a joint meeting of the Policy and Technical Advisory committees for further review. The following comments were received during the public comment period on this item. (1) Rick Riedl, City of Seaside, stated that the Technical and Policy Advisory Committees had requested that the District develop a public involvement plan outlining a procedure for educating the community about the proposed new rules. In addition, the committees supported maintaining the water credit for retrofit of ultra-low flow toilets in residential projects. (2) Kevin Stone, Government and Community Affairs Director for the Monterey County Association of Realtors, described the proposed rules as “palatable” and a “positive step.”	22.	Receive and Discuss Public Comment on Development of an Ordinance that Would Amend Regulation XIV, Water Conservation
The Board agreed to conduct a meeting on Tuesday, November 10, 2009, from 5:30 PM to 9:30 PM in the District conference room.	23.	Schedule Date for November 2009 Board Strategic Planning Session
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 August 2009
	27.	Water Conservation Program Report for June 2009
		Water Conservation Program Report
	28.	Monthly Allocation Report
	29.	Monthly California American Water Production Report
	30.	Monthly Water Supply Status Report
The meeting was adjourned at 9:07 PM.	ADJOURN

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Darby Fuerst, Secretary to the Board

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