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, May 21, 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 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, May 15, 2009. 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. 09-04-015 -- 2008 Coastal Water Project Construction Costs
	C.		Application of California-American Water Company to 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, 08-01-018)
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, May 15, 2009.  Staff reports regarding these agenda items will be available for public review on Monday, May 18, through Thursday, May 21, 2009 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 June 15, 2009.
	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 – General Rate Case (Application No. 08-01-027)
	E.		State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR
4.	Conference with Labor Negotiators (Gov. Code 54957.6)
	Agency Designated Representatives: Rick Dickhaut, Cynthia Schmidlin, Darby Fuerst and William Avery
	Employee Organization: General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792
	Unrepresented Employees: Confidential Unit
5.	Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
	California American Water v City of Seaside et al. (Case No.: M 66343)
6.	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 April 20, 2009 Regular Board Meeting
2.	Consider Expenditure of Budgeted Funds for Preparation of Water Intake Study for the Sleepy Hollow Steelhead Rearing Facility
3.	Consider Expenditure of Budgeted Funds to Purchase Portable Equipment for Public Outreach Efforts
4.	Consider Authorizing General Manager to Contract with WaterWise Consulting, Inc. to Complete Landscape Water Audits and Budgets
5.	Consider Approval of rd Quarter Fiscal Year 2008-09 Investment Report
6.	Consider Adoption of Treasurer's Report for March 2009
PRESENTATIONS
7.	Monthly Report from California American Water General Manager, Craig Anthony
8.	Water Supply Project Alternatives Update
9.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
10.	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
11.	Report on May 1, 2009 and May 18, 2009 Closed Sessions of the Board
12.	Report on May 21, 2009, 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
13.	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.
14.	Consider Approval of Application #20081017DUN to Create Dunnion Water Distribution System; APN 013-321-010 Action: The Board will consider approval of a well to provide drinking water and landscape irrigation for a new 24,400 square-foot commercial building on the subject parcel, as previously approved by the City of Monterey.  The estimated water use is 2.2 acre-feet per year.
	Staff PowerPoint Presentation
15.	Consider Appeals of General Manager’s March 20, 2009 Decision Regarding Hidden Hills Unit of California American Water Distribution System – Notice of Violation of District Rule 40-D and Suspension of Receipt of Applications For New or Intensified Water Use Action: The Board will consider three appeals related to the General Manager’s decision that the Pro Rata Expansion Capacity (PREC) for the Hidden Hills Water Distribution System has been exceeded.
	A.	California American Water
	B.	James Douglas Meador and LuAnn Meador
	C.	Gary E. Wiegand
	Staff PowerPoint Presentation
	Documents submitted by California American Water
	Documents submitted by MPWMD staff
16.	Consider Second Reading and Adoption of Ordinance No. 139 -- Amending the Rebate Program to Require a Refund when Water Savings from Rebated Fixtures are Reused for New or Intensified Uses Action: The Board will consider second reading and adoption of an ordinance that would require repayment of rebate money before a water permit is issued, when that permit makes use of a water credit for the rebated fixtures. Development of this ordinance was prompted by concerns raised by the California Public Utilities Commission’s Division of Ratepayer Advocates about the practice of allowing the reuse of water savings that result from the District’s rebate program.
	Supplemental Information distributed to the Board
	Staff PowerPoint Presentation
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
17.	Receive and Confirm Water Supply Forecast for Period of May 1, 2009 -- September 30, 2010 Action: Staff will present information regarding available water storage as of May 1, 2009, and expected Water Demand through September 30, 2010. Based on this information, staff will recommend whether or not additional, mandatory water demand reductions are needed at this time.
	Staff PowerPoint Presentation
18.	Consider Adoption of Resolution No. 2009-04 Expressing Support for Submitting an Application for Challenge Grant Program: Recovery Act of 2009 Water Marketing and Efficiency Grants Action: The Board will consider authorizing staff to submit an application for a grant that would help fund further expansion of the Seaside Basin Aquifer Storage and Recovery Project.
	Staff PowerPoint Presentation
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.
19.	Letters Received					Letter Packet
20.	Committee Reports
21.	Carmel River Fishery Report for April 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 Groundwater Quality Monitoring Report
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channels 25 & 28
Ch. 28, 7 PM, Mon., June 1, 8 & 15							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., May 29, June 5, 12 & 19							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., May 30, June 6, 13 & 20							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., May 24, 31, June 7, & 14							Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
June 1, 2009				Special Meeting/Workshop – Public Hearing on CAW Application to Amend Water Distribution System and Workshop on Draft Fiscal Year 2009-2010 MPWMD Budget				7:00 PM	MPWMD Office
June 15, 2009				Board Closed Session				5:30 PM	Grill at Ryan Ranch
June 15, 2009				Regular Board Meeting				7:00 PM	MPWMD Office
July 20, 2009				Regular Board Meeting				7:00 PM	MPWMD 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 May 18, 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.

U:\staff\word\boardpacket\2009\20090521\0521agenda.doc