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, January 28, 2010 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/2010/2010.htm by 5 PM on Monday, January 25, 2010. 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. 10-01-XXX –Mitigation Cost Reimbursement
	C.	Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)
	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
Board of Directors Regina Doyle, Chair – Division 4 Bob Brower, Vice Chair – Division 5 Alvin Edwards – Division 1 Judi Lehman – Division 2 Kristi Markey, Chair – Division 3 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, January 22, 2010.  Staff reports regarding these agenda items will be available for public review on Friday, January 22, 2010, through Thursday, January 28 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/2010/2010.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 February 25, 2010.
	F.	California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)
	G.	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
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 December 14, 2009 Regular Board Meeting
2.	Ratify Board Committee Assignments for Calendar Year 2010
3.	Receive Report on Potential for Increasing Capacity of Los Padres Reservoir
4.	Consider Expenditure of Budgeted Funds to Contract with A&N Technical Services, Inc. to Conduct a Technical Analysis of Non-Residential Water Use Factors
5.	Review and Accept Independent Audit Report for Fiscal Year 2008-2009
6.	Consider Approval of First Quarter Fiscal Year 2009-2010 Investment Report
7.	Receive and File First Quarter Financial Activity Report for Fiscal Year 2009-2010
8.	Consider Approval of Annual Update on Investment Policy
9.	Consider Adoption of Treasurer's Report for August 2009
10.	Consider Adoption of Treasurer's Report for September 2009
PRESENTATIONS
11.	Present Plaque to Outgoing Chair, Kristi Markey
12.	Monthly Report from California American Water General Manager, Craig Anthony
13.	Progress Report on Proposed Groundwater Replenishment Project from Keith Israel, General Manager, Monterey Regional Water Pollution Control Agency
14.	Update on Development of Water Supply Project Alternatives Including Recycled Water
15.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
16.	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
17.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
18.	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.
19.	Consider Second Reading and Adoption 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 Action: If the ordinance is adopted on second reading, it will take effect on March 1, 2010.
	Staff Presentation
20.	Consider Adoption of Urgency Ordinance No. 143 Temporarily Suspending Processing and Receipt of Applications for Water Distribution Systems in Fractured Rock Formations Action: The Board will consider adoption of an urgency ordinance that would temporarily suspend receipt and processing of pre-applications and applications for water distribution systems in fractured rock formations. The Board will also consider the length of the suspension and potential exceptions to the suspension. If approved by five votes, the urgency ordinance would go into effect immediately.
	Staff Presentation
	Document submitted by Jason S. Retterer, Esq.
	Document submitted by Barbara Price
	Document submitted by Peter Fallon
	Document submitted by Todd Norgaard
	Document submitted by Myron E. Etienne, Jr.
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
21.	Receive Update on Proposal to Implement Stage 3 Water Conservation to Reduce Outdoor Water Use Action: The Board will receive an update on an earlier proposal to move to Stage 3 Water Conservation. The District is currently in Stage 1 Water Conservation.
	Staff Presentation
22.	Consider Adoption of Resolution 2010-01 Expressing Support for the Proposed Monterey Regional Water Supply Program (Regional Project) Action: Based on environmental and economic findings, the Board will consider adoption of a resolution expressing support for the proposed Regional Project.
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.
23.	Letters Received		Letter Packet
24.	Committee Reports
25.	Carmel River Fishery Report for December 2009
26.	Water Conservation Program Report for November 2009
27.	Water Conservation Program Report for December 2009
28.	Monthly Allocation Report
29.	Monthly California American Water Production Report
30.	Monthly Water Supply Status Report
31.	Quarterly Water Supply Project Status Report
32.	Quarterly Irrigation Program and Riparian Projects Report
33.	Quarterly Carmel River Erosion Protection and Restoration Projects Report
34.	Quarterly Water Use Credit Transfer Status Report
ADJOURNMENT
Board Meeting Broadcast Schedule – Comcast Channels 25 & 28
Rebroadcast
Ch. 28, 7 PM, Mon., Feb. 8, 2010						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., Feb. 9, 2010						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., Feb. 13, 2010						Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., Jan. 31, Feb. 7 & 14, 2010						Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
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 on Monday, January 25, 2010. 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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