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 ****************** Thursday, February 26, 2009 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 Director Brower will participate in the 7:00 PM session by telephone from the Washington Court Hotel, 525 New Jersey Avenue, NW, Washington DC, 20001 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/2009/2009.htm by 5 PM on Friday, February 26, 2009. The 7 PM Meeting will be televised on Comcast Channel 25 & 28. Refer to broadcast schedule on page 3.
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
Board of Directors 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 General Manager Darby W. Fuerst						This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey on Friday, February 20, 2009.  Staff reports regarding these agenda items will be available for public review on Friday, February 20, through Thursday, February 26 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/2009/2009.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 Thursday, March 26, 2009.
	B.	Application of California-American Water Company to the California Public Utilities Commission 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 -- Conservation Program (Application Nos. 07-12-010, 08-02-018)
	C.	Application of California -American Water Company to the California Public Utilities Commission for Authorization to Increase Revenues for Water Service in its Monterey District in the Years 2009; 2010; and 2011 -- General Rate Case (Application No. 08-01-027)
	D.	State Water Resources Control Board Draft Cease and Desist Order WY 2008-00XX-DWR
	E.	State Water Resources Control Board Complaint re CAW (Sierra Club, Ventana Chapter, and Carmel River Steelhead Association)
	F.	MPWMD v. Nick Marotta, Jr., Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No. M83498
	G.	MPWMD v. Roy Woods, Woods 1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. 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
5.	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.
Letter received by member of the public
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 from the January 21, 2009 Special Meeting and January 29, 2009 Regular Meeting of the Board of Directors
2.	Consider Expenditure of Budgeted Funds to Contract with Idias Consulting to Provide Assistance with Projects Related to the Seaside Basin Watermaster and the Water Allocation Program Mitigation Plan
3.	Consider Expenditure of Budgeted Funds to Purchase License for Utilization of Water Wise Gardening in Monterey County Software
4.	Consider Approval of Second Quarter Fiscal Year 2008-2009 Investment Report
5.	Review and Accept Independent Audit Report for Fiscal Year 2007-2008
6.	Consider Approval of Treasurer's Report for November 2008
7.	Consider Adoption of Treasurer's Report for December 2008
PRESENTATIONS
8.	Monthly Report by California American Water General Manager, Craig Anthony
9.	Water Supply Project Alternatives Update
10.	Water Conservation Program Report
11.	Progress Report on Greywater Initiative
GENERAL MANAGER’S REPORT
12.	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
13.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
14.	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.
15.	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: This item is continued from the November 17, 2008 and January 29, 2009 Board meetings. 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
	Comment letters received from the public received on February 17, 2009
	Comment letters received from the public
16.	Consider Adoption of Mid-Year FY 2008--2009 Budget Adjustment Action: At mid-year, District staff routinely review the budget and propose revisions that will ensure continuance of the District’s programs and facilitate changes in the District’s operating needs that were unknown at the time the budget was adopted in June 2008. A proposed, amended budget is presented for Board consideration.
	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.
17.	Request from the Water For Monterey County Coalition (WFMCC) that the Board Sign a Letter to the Public Utilities Commission Expressing Support for the Proposed Regional Project Action: WFMCC (formerly the Regional Plenary Oversight Group) developed the Regional Project alternative that is analyzed in the Draft EIR on California American Water’s Coastal Water Project. The Board will discuss a request from the WFMCC that the Board sign a letter to the Public Utilities Commission expressing support for the Regional Project alternative.
	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.
18.	Letters Received				Letter Packet
19.	Committee Reports
20.	Strategic Plan Update
21.	Carmel River Fishery Report for January 2009
22.	Water Conservation Program Report
23.	Monthly Allocation Report
24.	Monthly California American Water Production Report
25.	Monthly Water Supply Status Report
26.	Semi-Annual Financial Report on the CAWD/PBCSD Wastewater Reclamation Report
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channels 25 & 28
Ch. 28, 7 PM, Mon. March 9, 16 & 23						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., March 13, 20 & 27						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., March 7, 14 & 21						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., March 1, 8, & 15						Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
March 16, 2009			Special Board Meeting/Workshop – Review CAW Coastal Water Project EIR				7:00 PM	District Office
March 26, 2009			Regular Board Meeting				7:00 PM	District Office
April 20, 2009			Regular Board Meeting				7:00 PM	District Office

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 Monday, February 23, 2009. 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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