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

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Monday, August 16, 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

Director Markey will participate in the 5:30 p.m. and 7 p.m. sessions by telephone from

1508 Cero Gordo Road, Santa Fe, New Mexico

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 Friday, August 13, 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.

Public Comment – Members of the public may address the Board on the item or items listed on the Closed Session agenda.

Adjourn to Closed Session

Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))

Application of California American Water Company to the Public Utilities Commission Application No. 04-09-019 – Coastal Water Project

Application of California American Water Company to PUC Application No.10-01-012 –Mitigation Cost Reimbursement

Application of California American Water Company Regarding Reimbursement Balancing – CPUC Application No. 09-04-015

Application of California American Water Company to CPUC Application No. 10-XX-XXX – General Rate Case

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 Wednesday, August 11, 2010. Staff reports regarding these agenda items will be available for public review on Thursday, August 12, 2010 through Monday, August 16, 2010 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 Monday, August 16, 2010.

Amended Application (U210W) of California American Water Company to CPUC Application No. 10-05-020 -- Order Authorizing Moratorium in Monterey District

Seaside v. California American Water (MBSE/Cal-Am Motion) (Appellate Court #HO34335; Superior Court Case No. M 66343)

MPWMD v. State Water Resources Control Board; Superior Court Case No. 1-10-CV-163328

California American Water v. State Water Resources Control Board, Superior Court Case No. M102097

California American Water v. MPWMD (SWRCB/SNG) (Superior Court Case No. M 99622)

California American Water v. MPWMD (Ryan Ranch) (Superior Court Case No. M 101255)

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.

Consider Adoption of Minutes of the July 19, 2010 Regular Board Meeting

Consider Adoption of Resolution 2010-12 – Congratulating the Association of California Water Agencies on its Centennial Anniversary

Consider Adoption of Procedure for Selection of Board Representative to the Seaside Basin Watermaster

Consider Expenditure of Budgeted Funds to Contract with Spot Water Management to Conduct Certified Landscape Irrigation Auditor (CLIA) Training in the MPWMD

Consider Expenditure of Budgeted Funds to Contract with the California Conservation Corps for Fall 2010 Vegetation Management Activities

Consider Expenditure of Budgeted Funds to Contract with DHDettman to Provide Support on Sleepy Hollow Steelhead Rearing Facility Priority Tasks

Consider Expenditure of Budgeted Funds to Purchase Compact Hybrid Sedan

Consider Ratification of Expenditure of Budgeted Funds to Purchase Microsoft Office 2010 Upgrades and Microsoft Sharepoint 2010 Server Software

Consider Approval of Fourth Quarter Fiscal Year 2009-10 Investment Report

10.

Receive 2008-09 Mitigation Program Annual Report

PRESENTATIONS

11.

Monthly Report from California American Water General Manager, Craig Anthony

12.

Water Conservation Program Report

13.

Update on Development of Water Supply Project Alternatives Including Recycled Water

GENERAL MANAGER’S REPORT

14.

Status Report on California American Water Compliance with State Water Resources Control Board Order 95-10 and Seaside Groundwater Basin Adjudication Decision

15.

Status Report on CPUC Proceedings Relating to the Regional Water Project

ATTORNEY’S REPORT

16.

Report on 5:30 PM Closed Session 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 Application to Amend California American Water Distribution System to Serve Monterey Bay Shores Ecoresort in Sand City; California American Water and Security National Guaranty, Co-Applicants; MPWMD Application #20080915MBS; APN 011-501-014

A. Set Aside March 26, 2009 Findings of Denial Pursuant to Superior Court Order (Case# M66343)

B. Make Final Determination on MPWMD Application #20080915MBS

Action: Pursuant to direction from the Superior Court, the District Board will first set aside its March 26, 2009 Findings of Denial for the application. The Board will also make a final determination on an amendment to Cal-Am’s Water Distribution System permit to allow Cal-Am to deliver up to 90 acre-feet per year from Seaside Basin wells to the Monterey Bay Shores Ecoresort, based on water rights designated for the parcel as part of the Seaside Groundwater Basin Adjudication. The proposal includes a water wheeling agreement between the co-applicants to ensure that Carmel River water sources are not impacted. The public hearing was closed at the July 19, 2010 meeting; however, public comment will be received on this item.

Ø Letter from LandWatch Monterey County submitted to the Board

Ø MPWMD Presentation

Ø July 26, 2010 Letter from California Environmental Law Project

Ø August 11, 2010 Letter from California Environmental Law Project

Ø August 13, 2010 Letter from California Environmental Law Project

Ø July 30, 2010 SNG Order After Ex Parte Hearing

19.

Consider Second Reading and Adoption of Ordinance No. 144 -- An Ordinance of the Monterey Peninsula Water Management District Amending the Rebate Program Amounts and Adding New Rebates for Graywater Irrigation Systems and Commercial, Industrial, and Institutional Retrofits

Action: The Board will consider second reading and adoption of an ordinance that adjusts existing rebate amounts, modifies some rebate criteria, and adds rebates for commercial/ institutional/industrial retrofits and graywater irrigation systems.

Ø MPWMD Presentation

20.

Consider First Reading of Ordinance No. 145 -- An Ordinance of the Monterey Peninsula Water Management District Clarifying Regulations Pertaining to Permits, Conservation and Enforcement

Action: The Board will consider first reading of an ordinance that amends regulations pertaining to permits, conservation and enforcement primarily to clarify existing practices. It also establishes rules related to rainwater harvesting systems in new construction.

Ø MPWMD Presentation

21.

Consider Lifting 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 lifting a March 20, 2009 Notice of Violation to California American Water (CAW) for exceeding its Pro Rata Expansion Capacity (PREC) in the Hidden Hills Unit of the CAW Water Distribution. The March 2009 action resulted in a suspension of receipt of applications for new or intensified water use in Hidden Hills. Pursuant to MPWMD Rule 40-D-3, the District may consider lifting the suspension due to data showing 12 sequential months (August 2009 through July 2010) of actual PREC values below the PREC limit.

Ø MPWMD Presentation

ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.

22.

Discuss Request of Director Brower to Consider a Revision to District Rule 25.5.C, Water Use Credits and On-Site Water Credits

Action: The Board will discuss a request that the Board revise District Rules and Regulations to increase the time that unexpired water credits may be renewed for future use.

Ø MPWMD 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.

23.