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, May 19, 2008 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/2008/2008.htm by 5 PM on Friday, May 16, 2008. 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 the California Public Utilities Commission -- Application No. 07-02-023 -- Allowance for Funds Used During Construction (AFUDC) for its San Clemente Dam Memorandum Account
Board of Directors Judi Lehman, Chair – Division 2 Kristi Markey, Vice Chair – Division 3 Alvin Edwards – Division 1 Regina Doyle – Division 4 Bob Brower – Division 5 David Pendergrass – Mayoral Representative David Potter – Monterey County Board of Supervisors General Manager Darby Fuerst						This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on May 15, 2008.  Staff reports regarding these agenda items will be available for public review on Friday, May 16, 2008, through Monday, May 19, 2008 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/2008/2008.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 Monday, June 16, 2008.
	C.		Application of California-American Water Company to California Public Utilities Commission for a Special Conservation Program and Design Modifications Rate in its Monterey District (Application No. 07-12-010) – Conservation Program Application
	D.		Application of California -American Water Company to California Public Utilities Commission for Authorization to Increase Revenues for Water Service in its Monterey District in the years 2009; 2010; and 2011 (Application No. 08-01-027) – General Rate Case
	E.		Application of California-American Water Company to Authorize Support Services for its Monterey District to the California Public Utilities Commission (Application No. 08-01-024) – General Office Case
	F.		Application of California American Water to the CPUC to Authorize Costs for the Long-Term Water Supply be Transferred to a Balancing Account and a Requirement for Annual Review of that Account (Application No. 08-04-019)
	G.		Application of California-American Water Company to the California Public Utilities Commission for an Authorized Cost of Capital for Utility Operations for 2009 (Application No. 08-05-003)
	H.		State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR
	I.		MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498
	J.		MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499
4.	Conference with Legal Counsel – Threatened Litigation (Gov. Code 54956.9(b)) Sierra Club v. California American Water (16 U.S.C. §1538)
5.	Adjourn to 7 PM Session
7 PM -- Regular Board Meeting
Document submitted at 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 Approval of Minutes from March 27, 2008 Special Meeting/Board Workshop and April 21, 2008 Regular Board Meeting
2.	Consider Adoption of Resolution of Intention to Approve an Amendment to the District’s Public Employees Retirement System Contract Providing One-Year Final Compensation
3.	Consider Authorization of Funds to Purchase Orthophotography Within the District Boundary
4.	Consider Expenditure of Budgeted Funds to Paint Exterior of 5 Harris Court, Building G
5.	Consider Approval of 3rd Quarter FY 2007-08 Investment Report
6.	Consider Adoption of Treasurer's Report for March 2008
PRESENTATIONS
7.	Present Certificates of Appreciation to Community Advisory Committee Members
8.	Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
9.	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
10.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
11.	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.
12.	Consider First Reading of Ordinance No. 134 -- Amend Regulation XV, Expanded Water Conservation and Standby Rationing Plan and Subject the Inland Area of the Seaside Basin to the Conservation and Rationing Regulations
	A.	Consider Setting New Goal for California American Water (CAW) Unaccounted For System Losses
	B.	First Reading of Ordinance No. 134
	Action: The Board will consider first reading of an ordinance that would redefine the Monterey Peninsula Water Resource System to include the Northern Inland Subarea and the Laguna Seca Subarea of the Seaside Groundwater Basin, and would subject those areas to the District’s Expanded Water Conservation and Standby Rationing Plan. The Board will also consider setting a new goal for CAW unaccounted for system losses, which is currently specified in the Expanded Conservation and Standby Rationing Plan. Presentation Materials Documents submitted at the Board meeting
13.	Consider Second Reading and Adoption of Ordinance No. 133 -- Amend the Process for the Administrative Enforcement of District Rules and Regulations
	A.	Adopt Second Reading of Ordinance No. 133
	B.	Adopt Resolution 2008-06 – Establishing Rule 113.1, Schedule of Fines
	Action: The Board will consider second reading and adoption of Ordinance No. 133 that would establish enforcement of District rules and regulations through an administrative citation process. The Board will also consider adoption of a schedule of fines, Resolution 2008-06, in conjunction with Ordinance No. 133. Presentation Materials
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
14.	Receive and Confirm Water Supply Forecast for Period of May 1, 2008 -- September 30, 2009 Action: Staff will present information regarding available water storage as of May 1, 2008, and expected Water Demand through September 30, 2009. Based on this information, staff will recommend whether or not additional, mandatory water demand reductions are needed at this time. Presentation Materials
15.	Consider Approval of Annual Memorandum of Agreement for Releases and Diversions from San Clemente Reservoir between California American Water (CAW), California Department of Fish and Game (CDFG), and MPWMD Action: The Board will consider approval of the 2008 MOA between CAW, CDFG, and MPWMD. The MOA governs releases from San Clemente Reservoir during the May through December 2008 period and is designed to protect fish and wildlife resources in the Carmel River and ensure provision of water to CAW’s customers. Presentation Materials
16.	Consider Adoption of Position Statement on the January 15, 2008 Draft Cease and Desist Order Issued by the State Water Resources Control Board, Division of Water Rights Action: The Board will consider adoption of a position statement regarding the draft Cease and Desist Order (CDO) issued against California American Water (CAW).  As drafted, the CDO requires CAW to reduce its current diversions from the Carmel River by 15% in 2009 and increasing to 50% in 2014.  A formal hearing before the State Water Resources Control Board (SWRCB) on whether to adopt the draft CDO is scheduled to begin on June 19 in Sacramento. Presentation Materials
17.	Consider Request of Director Brower to Secure a $2 Million Line of Credit to Fund Development of Water Supply Projects Action:  The Board will discuss a request to authorize staff to secure a $2 million line of credit to fund development of water supply projects Presentation Materials
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.
18.	Letters Received
19.	Committee Reports
20.	Strategic Plan Update
21.	Carmel River Fishery Report
22.	Water Conservation Program Report
23.	Monthly Allocation Report
24.	Monthly California American Water Production Report
25.	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. May 19, 2008 , 7 PM, Ch. 25							Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon. May 26, June 2 & 9							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri. May 23 & 30, June 6 & 13							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat. May 24 & 31, June 7 & 14							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun. May 25, June 1, 8 & 15							Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
May 22, 2008				Special Meeting/Board Workshop to Review FY 2008-09 Budget				7:00 PM	MPWMD Conference Room
June 16, 2008				Regular Board Meeting				7:00 PM	MPWMD Conference Room
July 21, 2008				Regular Board Meeting				7:00 PM	MPWMD 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. 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, May 16, 2008. 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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