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, September 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, September 18, 2009. 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.	Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)
	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)
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 Wednesday, September 16, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, September 17, through Monday, September 21 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, October 19, 2009.
	D.	State Water Resources Control Board Draft Cease and Desist Order WR 2009-00XX
	E.	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)
	F.	California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)
	G.	Monterey Peninsula Water Management District v. Roy Woods, et al., (Case No. M 83499)
	H.	Monterey Peninsula Water Management District v. Nick Marotta, Jr., et al., (Case No. M 83498)
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 August 17, 2009 Regular Board Meeting
2.	Consider Adoption of Memorandum of Agreement with Marina Coast Water District Regarding Inter-Agency Communication and Cooperation
3.	Consider Adoption of Memorandum of Understanding between the Monterey Peninsula Water Management District and the Confidential Staff Bargaining Unit
4.	Consider Adoption of Memorandum of Understanding Regarding the Carmel River Reroute and San Clemente Dam Removal Project
5.	Consider Adoption of an Agreement with California American Water Regarding Reimbursement for Mitigation and ASR Activity Expenses
6.	Consider Expenditure of Budgeted Funds to Contract for Temporary Help in the Water Demand Division
7.	Consider Expenditure of Budgeted Funds to Contract with the California Conservation Corps for Fall 2009 Vegetation Management Activities
8.	Consider Expenditure of Budgeted Funds to Extend Contract with Monterey Regional Water Pollution Control Agency for Public Outreach Assistance
9.	Consider Expenditure of Funds to Contract with JEA and Associates for Governmental Relations Services
10.	Consider Completion of Ballot for Election in Region 5 of the Association of California Water Agencies
11.	Receive 2007-08 Mitigation Program Annual Report
PRESENTATIONS
12.	Monthly Report from California American Water General Manager, Craig Anthony
13.	Water Supply Project Alternatives Update
14.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
15.	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
16.	Report on August 17 and September 21, 2009 Closed Sessions of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
17.	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.
18.	Consider Approval of Application #20090709RAN to Amend the Rancho Del Robledo Water Distribution System to Serve Assessor’s Parcel Numbers: 197-151-003 through -011, -016 and -017 Action: The Board will consider an application to annex a tenth parcel to an existing 9-parcel Water Distribution System in upper Carmel Valley, to enable water service for domestic and irrigation use on the parcel. A production limit of 14.07 acre-feet per year (AFY) would be imposed, which is less than recent use, consistent with Board policy about wells in the Carmel Valley Alluvial Aquifer.
	Staff PowerPoint Presentation
19.	Consider Approval of Application #20090120DMC to Create “DMC” Water Distribution System; APN 013-321-004 Action: The Board will consider an application to create a Water Distribution System, comprised of an on-site well, to serve a proposed commercial office building on Garden Road in Monterey. The City of Monterey has previously approved the project.
	Staff PowerPoint Presentation
20.	Consider First Reading of Ordinance No. 140, Amending the Rebate Program Amounts, Deleting 1.6 Gallon per Flush Toilets from the Rebate Program, and Adding Rebates for Lawn Removal, Synthetic Turf Installation, and Other Commercial/Industrial/Institutional Retrofits Action: The Board will consider the first reading of an ordinance that expands the water conservation rebate program.  The ordinance also eliminates rebates for 1.6 gallon toilets and increases the rebates for High Efficiency Toilets.  The proposed effective date is December 1, 2009.
	Staff PowerPoint Presentation
	Handout Submitted by Staff
21.	Consider Adoption of October through December 2009 Quarterly Water Supply Strategy and Budget Action: The Board will consider approval of a proposed production strategy for the California American Water Distribution Systems for the three-month period of October through December 2009. The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.
	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.
22.	Receive and Discuss Public Comment on Development of an Ordinance that Would Amend Regulation XIV, Water Conservation Action: The Board will review a proposed ordinance that revises the District’s Water Conservation Regulation to increase the amount of water savings achieved in new construction, remodels/additions, change in ownership and use, and in existing non-residential uses.  First reading is scheduled for October 19, 2009, with an implementation date of January 1, 2010.
	Staff PowerPoint Presentation
23.	Schedule Date for November 2009 Board Strategic Planning Session Action: The Directors will review their calendars and select a date in November 2009 to conduct a strategic planning session.
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.
24.	Letters Received			Letter Packet
25.	Committee Reports
26.	Carmel River Fishery Report for August 2009
27.	Water Conservation Program Report
28.	Monthly Allocation Report
29.	Monthly California American Water Production Report
30.	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. Sept. 21, 2009, 7 PM, Ch. 25						Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon., Oct. 5, 12, 19 & 26						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., Oct. 2, 9, 16, and 23						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., Oct. Oct. 3, 10, 17 and 24						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., Sept. 27, Oct., 4, 11 & 18						Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
Monday, October 19, 2009					Regular Meeting		7:00 PM	District Office
Monday, November 16, 2009					Regular Meeting		7:00 PM	District Office
Monday, December 14, 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 Thursday, September 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.

U:\staff\word\boardpacket\2009\20090921\0921agenda.doc