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 17, 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, November 14, 2008. The 7 PM Meeting will be televised on Comcast Channels 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 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
	C.	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
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 Thursday, November 13, 2008.  Staff reports regarding these agenda items will be available for public review on Thursday, November 13, through Monday, November 17 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, December 8, 2008.
	D.	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
	E.	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
	F.	State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR
	G.	MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498
	H.	MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499
4.	Appoint General Manager, Darby Fuerst, as Labor Negotiator (Gov. Code §54957.6)
5.	Conference with Labor Negotiators (Gov. Code §54957.6)
	A.	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
6.	Public Employees Performance Evaluation (Gov. Code 54957) – General Manager
7.	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 20, 2008 Regular Board Meeting and the October 29, 2008 Special Joint Meeting of the MPWMD and Monterey Regional Water Pollution Control Agency Boards of Directors
2.	Consider Expenditure of Funds for Emergency Winterization of the Sleepy Hollow Steelhead Rearing Facility to Withstand Winter Storm Sediment Load from the Basin Complex Fire
3.	Consider Expenditure of Budgeted Funds to Amend Contract with Pueblo Water Resources for 2008-09 Phase 1 Aquifer Storage and Recovery Project Technical Support
4.	Consider Approval of Water Resources Engineer Reclassification and Change to the District’s Organization Chart
PRESENTATIONS
5.	Recognize MPWMD Employees for Length of Service to the District
6.	Water Supply Project Alternatives Update
GENERAL MANAGER’S REPORT
7.	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
8.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
9.	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.
10.	Consider First Reading of Ordinance No. 137 -- Amend Regulation XV, Expanded Water Conservation and Standby Rationing Plan Action: The Board will consider the first reading of an ordinance that would amend Regulation XV to add regulatory rationing triggers to Stages 5-7, temporarily suspend water banking, and increase conservation efforts to comply with regulatory limits. The ordinance also amends Regulation XV to separately recognize the Bishop, Ryan Ranch, and Hidden Hills water systems.
	MPWMD Presentation Materials
	Hidden Hills Sub-Unit Ratepayers Association Presentation Materials
11.	Consider Application to Amend California American Water Distribution System to Serve Monterey Bay Shores Ecoresort in Sand City; California American Water and Security National Guaranty, Co-Applicants; MPWMD Application #20080915MBS-L4; APN# 011-501-014 Action: The Board will consider an application to enable future service by California American Water (CAW) to the proposed Monterey Bay Shores Ecoresort in Sand City.  Up to 90 acre-feet per year of CAW service to the parcel would be based on use of water rights in the Seaside Groundwater Basin held by the resort property owner.  The District will rely on previous environmental review certified by the City of Sand City, as well as an October 2008 Addendum, which describes how the project has been downsized and revised to be more water efficient.
	MPWMD Presentation Materials
	Monterey Bay Shores Presentation Materials
	Letter submitted from Steve Shimek
12.	Public Hearing for Proposed Re-Authorization of Water Use Fee to Fund Aquifer Storage and Recovery Facilities and Related Water Supply Projects Action: The Board shall determine whether or not a majority protest exists relating to re-authorization of the 1.2% existing water use fee used to fund Aquifer Storage and Recovery facilities and related water supply projects.
	MPWMD Presentation Materials
13.	Consider First Reading of Ordinance No. 138 to Re-Authorize a Water User Fee to Fund Aquifer Storage and Recovery Facilities and Related Water Supply Projects Action: The Board shall consider first reading of an ordinance that would re-authorize a 1.2% existing water use fee used to fund Aquifer Storage and Recovery facilities and related water supply projects. The 1.2% increase was originally authorized by the Board in 2005.
	MPWMD 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.	Investigation into Development of Alternative Water Sources Action: The Board will consider approval of a proposed strategy for conducting investigations into development of regulations that would allow alternative water sources. The Board will also receive a presentation on greywater technology proposed by BRAC Systems.
	A.	Consider Approval of Proposed Strategy for Investigation into Development of Regulations Allowing Alternative Water Sources: Recycling and Reuse of Greywater; Rainwater Harvesting and Storage; and Stormwater Storage and Reuse
	B.	Presentation from Terry Black of BRAC Systems Regarding Greywater Technology for Flushing Toilets and Underground Irrigation
	MPWMD Presentation Materials
15.	Consider Formation of an Ad Hoc Committee to Develop a Memorandum of Understanding Between the MPWMD and Monterey Regional Water Pollution Control Agency (MRWPCA) Regarding Roles and Responsibilities Related to Water Supply Planning in the Monterey Peninsula Area Action: The Board will consider appointment of directors to a sub-committee that will coordinate with the MRWPCA on development of an MOU specifying agency roles and responsibilities with regard to cooperative development of proposed water supply projects.
	MPWMD 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.
16.	Letters Received				Letter Packet
17.	Committee Reports
18.	Strategic Plan Update
19.	Carmel River Fishery Report for October 2008
20.	Water Conservation Program Report
21.	Monthly Allocation Report
22.	Monthly California American Water Production Report
23.	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. Nov. 17, 7 PM, Ch. 25						Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon., Nov. 24, Dec. 1 & 8						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., Nov. 28, Dec. 5 & 12						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., Nov. 29, Dec. 7 & 14						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun. Nov. 23 & 30, Dec. 7						Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
December 8, 2008			Regular Board Meeting				7 PM	District Conference Room
January 29, 2009			Regular Board Meeting				7 PM	District Conference Room
February 26, 2009			Regular Board Meeting				7 PM	District 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 November 14, 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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