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, July 20, 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, July 17, 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– Coastal Water Project (Application No. 04-09-019)
	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 (Application Nos. 07-12-010, 08-02-018)
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 Thursday, July 16, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, July 16, through Monday, July 20 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 Monday, August 17, 2009.
	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 – General Rate Case (Application No. 08-01-027)
	D.		State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR
	E.		Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)
	F.		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)
	G.		California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)
4.	Conference with Labor Negotiators (Gov. Code 54957.6)
	Agency Designated Representatives: Darby Fuerst
	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.
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 June 15, 2009 Regular Board Meeting
2.	Consider Adoption of Memorandums of Understanding Between the Monterey Peninsula Water Management District and the General and Management Staff Bargaining Units
3.	Consider Adoption of Revised Charge to the Ad Hoc Legislative Advocacy Committee and Confirm the Appointment of Alternates to the Committee
4.	Consider Authorization of Staff to Proceed with Filing an Application for a Department of Water Resources Construction Loan to Fund the Aquifer Storage and Recovery Project Expansion
5.	Consider Expenditure of Budgeted Funds to Contract with DHDettman to Provide Advice on Emergency Repairs for the Sleepy Hollow Steelhead Rearing Facility, and Other Facility Support Tasks
6.	Consider Expenditure of Budgeted Funds for Amendment to Database Programming Contract to Accommodate Changes for Ordinance No. 139 Implementation and Functionality Improvements
7.	Authorize Expenditure of Budgeted Funds to Contract with Spot Water Management to Conduct Certified Landscape Irrigation Auditor Training
8.	Consider Expenditure of Funds to Contract with RMC to Fund Continuation of the Ongoing Water for Monterey County Coalition Meetings
9.	Consider Adoption of Treasurer's Report for May 2009
PRESENTATIONS
10.	Monthly Report from California American Water General Manager, Craig Anthony
11.	Water Supply Project Alternatives Update
12.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
13.	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
14.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
15.	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.
16.	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.  This item is continued from the May 21, 2009 Board meeting.
	A.	Gary E. Wiegand
	B.	James Douglas Meador and LuAnn Meador
	C.	California American Water
	Staff PowerPoint Presentation
	Documents submitted by Craig Anthony
	Document submitted by Gary & Marina Koifman
	Document submitted by Monterey County Association of Realtors
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
17.	Provide Direction to Staff Regarding Water Credits Associated with Mandatory District Conservation Requirements Resulting from Proposed Updates to Regulation XIV, Water Conservation Action: The Board will discuss and provide direction to staff on revisions to the conservation regulation.
	Staff PowerPoint Presentation
18.	Provide Policy Direction to Staff on Water Permits Utilizing Half-Gallon Per Flush Toilets
	A.	Approve Resolution No. 2009-10 Amending Table 4 of Rule 25.5:  Ultra-Low Consumption Appliance Credits
	B.	Provide Direction Regarding Compliance with Water Permit Conditions Requiring Half-Gallon Per Flush Toilets
	Action: The Board will consider recent information related to production delays and unavailability of half-gallon per flush toilets, as well as performance and code compliance issues related to those types of toilets.
	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				Supplemental Letter Packet
20.	Committee Reports
21.	Carmel River Fishery Report for June 2009
22.	Water Conservation Program Report
23.	Monthly Allocation Report
24.	Monthly California American Water Production Report
25.	Monthly Water Supply Status Report
26.	Quarterly Water Supply Project Status Report
27.	Quarterly Irrigation Program and Riparian Projects Report
28.	Quarterly Carmel River Erosion Protection and Restoration Projects Report
29.	Quarterly Water Use Credit Transfer Status Report
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channels 25 & 28 Live webcast at www.ampmedia.org/asx/monterey25.asx
Live Broadcast
Mon. July 20, 2009, 7 PM, Ch. 25							Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon., July 27, Aug. 3, & 10, 2009							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., July 31, Aug. 7 & 14, 2009							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., Aug. 1, 8, & 15, 2009							Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., July 26, Aug 2, & 9, 2009							Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
Monday, August 17, 2009						Regular Meeting		7:00 PM	District Office
Monday, September 21, 2009						Regular Meeting		7:00 PM	District Office
Monday, October 19, 2009						Regular 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 Friday, July 17, 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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