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, December 14, 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, December 11, 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 PUC Application No. 09-XX-XXX –Mitigation Cost Reimbursement
	C.	Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)
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, December 9, 2009.  Staff reports regarding these agenda items will be available for public review on Thursday, December 10, through Monday, December, 14 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 January 28, 2009.
	D.	MPWMD v. State Water Resources Control Board; Superior Court Case No. M102101
	E.	California American Water v. State Water Resources Control Board, Superior Court Case No. M102097
	F.	California American Water Advice Letter No. 809 (Request for Moratorium) Before the California Public Utilities Commission
	G.	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)
	H.	California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)
	I.	California American Water v. MPWMD (Ryan Ranch) (Superior Court Case No. M 101255)
4.	Public Employee Performance Evaluation (Gov. Code 54957) -- General Manager
5.	Adjourn to 7 PM Session
7 PM -- Regular Board Meeting
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
ADMINISTER OATH OF OFFICE TO DIVISION 1 REPRESENTATIVE ALVIN EDWARDS, AND DIVISION 2 REPRESENTATIVE JUDI LEHMAN
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.
Documents submitted to the Board
Document submitted to the Board – Peter M. Fallon
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 November 10, 2009 Special Meeting/Board Workshop and November 16, 2009 Regular Board Meeting
2.	Consider Adoption of Resolution No. 2009-12 Certifying Official Results of November 3, 2009 MPWMD Election
3.	Consider Adoption of Strategic Plan that Includes 90-Day, 3-Year and 5-Year Goals
4.	Consider Approval of MPWMD Newsletter Text
5.	Consider Expenditure of Budgeted Funds to Publish and Distribute MPWMD Newsletter
6.	Consider Expenditure of Budgeted Funds for Sleepy Hollow Steelhead Rearing Facility Stand-by Generator Maintenance Service with Quinn Power Systems for Fiscal Year 2009-10
7.	Approve Expenditure of Funds Approved by Public Utility Commission for Landscape Irrigation Audits and Budgets
8.	Consider Adoption of Resolution 2009-13 Amending MPWMD Rule 24, Table 1 -- Residential Fixture Unit Count Values
9.	Consider Adoption of Resolution 2009-14 Amending MPWMD Rule 25.5, Table 4 --Ultra-Low Consumption Appliance Credits
10.	Consider Adoption of Resolution 2009-17 Modifying Rule 162 -- Regulatory Water Production Targets for California American Water Systems
11.	Appoint Representative and Alternate to the Seaside Groundwater Basin Watermaster
12.	Adopt Board Meeting Schedule for 2010
13.	Consider Adoption of Treasurer's Report for July 2009
PRESENTATIONS
14.	Monthly Report from California American Water General Manager, Craig Anthony
15.	Water Supply Project Alternatives Update
16.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
17.	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
18.	Report on November 19, 2009 and December 14, 2009, 5:30 PM Closed Sessions of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
19.	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.
20.	Consider Approval of Application #20090720GRE to Create Greek Orthodox Church Water Distribution System, APN 259-021-013 Action: The Board will consider an application for the use of one well at 3051 Monterey-Salinas Highway, Monterey, to provide potable supply and landscape irrigation for two church buildings: a 200-seat church sanctuary and a multi-purpose building (offices/classrooms/assembly hall) on the 2.69-acre parcel, as previously approved by the City of Monterey.  The parcel is within the California American Water (CAW) service area, but CAW water is not available.  The requested production limit is 1.65 acre-feet per year.
	Staff Presentation
21.	Consider First Reading of Ordinance No. 142 -- An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Regulation XV, the Expanded Water Conservation and Standby Rationing Plan, to Allow an Exception to the Mandatory Requirement for Implementation of Stage 5, 6, or 7 when a Final Cease and Desist Order is Issued Action: The Board will review and discuss the ordinance. If the first reading is approved, the final ordinance could be presented for adoption at the January 28, 2009 Board meeting.
	Staff Presentation
22.	Consider Adoption of January through March 2010 Quarterly Water Supply Strategy and Budget Action: The Board will consider approval of a proposed production strategy for the California American Water Distribution System for the three-month period of January through March 2010. The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water system.
	Staff Presentation
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
23.	Receive Report on MPWMD 95-10 Desalination Project Action: The Board will receive a report by District consultant Martin B. Feeney regarding hydrogeologic investigations of a seawater desalination project with intake facilities located in the southern portion of Fort Ord Dunes State Park. The report contains findings and conclusions regarding feasibility of the 95-10 Desalination Project.
	Staff Presentation
24.	Discussion of California American Water Unaccounted For Water Losses -- Presentations from Craig Anthony, California American Water and Darby Fuerst, MPWMD Action: The Board will receive a presentation by California American Water regarding its unaccounted for water losses and efforts underway to reduce these losses.  The Board will discuss how these losses relate to the different standards that have been set by the District, State Water Resources Control Board, and the California Public Utilities Commission.
	CAW Presentation
	MPWMD Presentation
25.	Conduct Election of Board Officers for 2010 Action: The Board will conduct an election for the positions of Board Chair, Vice Chair, Secretary, and Treasurer according to the procedure outlined in Meeting Rule 2.5 that prescribes annual rotation of the Chair and Vice Chair.
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.
26.	Letters Received		Letter Packet
27.	Committee Reports
28.	Carmel River Fishery Report for November 2009
29.	Water Conservation Program Report October 2009
30.	Monthly Allocation Report
31.	Monthly California American Water Production Report
32.	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. Dec. 14, 2009, 7 PM, Ch. 25					Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon. Dec. 29 & Jan. 4, 11, 18 & 25					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri. Dec. 25 & Jan. 1, 8, 15 & 27					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat. Dec. 26 & Jan. 2, 9, 16 & 23					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun. Dec. 20 & 27, & Jan. 3, 10, 17 & 24					Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
Thursday, January 28, 2010				Regular Board Meeting		7:00 PM	District Conference Room
Thursday, February 25, 2010				Regular Board Meeting		7:00 PM	District Conference Room
Monday, March 15, 2010				Regular Board Meeting		7:00 PM	District Conference Room
Wednesday, March 31, 2010				Tentative Special Meeting		7:00 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 Thursday, December 10, 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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