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.

DRAFT AGENDA (Current 4/8/09) Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** Monday, April 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 Director Doyle will participate in the 5:30 PM and 7 PM sessions by telephone from 3-19 Minami Yamanotedai, Kumatori-cho, Sennan-gun, OSAKA-fu JAPAN 590-04 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, April 24, 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
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 ______________.  Staff reports regarding these agenda items will be available for public review on Thursday, April 17, 2009, through Monday, April 20, 2009 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, May 21, 2009.
	B.	Application of California-American Water Company to 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 Nos. 07-12-010, 08-01-018)
	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.	State Water Resources Control Board Complaint re CAW (Sierra Club, Ventana Chapter, and Carmel River Steelhead Association)
	F.	California American Water v. City of Seaside et al. (Case No.: M 66343)
4.	Conference with Labor Negotiators (Gov. Code §54957.6)
	Agency Designated Representatives: Rick Dickhaut, Cynthia Schmidlin, Darby Fuerst
	Employee Organization: General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792
	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 March 16, 2009 Special Board Meeting and March 26, 2009 Regular Board Meeting
2.	Consider Adoption of Resolution No. 2009-01 Regarding Director Participation in District Health Insurance Plans
3.	Consider Adoption of Resolution No. 2009-02 Establishing Guidelines for Receipt of Payment for Travel and Related Expenses
4.	Consider Adoption of Resolution No. 2009--03 Declaring May as Water Awareness Month
5.	Consider Adoption of Resolution No. 2009--04 Ordering an Election for Directors in Divisions 1 and 2, Requesting County Elections to Conduct the Election, and Requesting Consolidation of the Election
6.	Consider Expenditure of Funds to Retain Consultant to Prepare Subsequent EIR on Application by California American Water to Serve Monterey Bay Shores Ecoresort
7.	Consider Expenditure of Budgeted Funds to Contract with Ventana Wildlife Society for Carmel River Avian Habitat Monitoring
8.	Consider Expenditure of Budgeted Funds to Purchase Water Conservation Equipment
9.	Consider Expenditure of Budgeted Funds to Purchase Irrigation System Rain Sensors
10.	Consider Expenditure of Budgeted Funds to Repair Rooftop Air Conditioning Unit at 5 Harris Court, Building G
11.	Consider Expenditure of Budgeted Funds to Purchase Compact Sports Utility Vehicle
12.	Authorize a Change to the Organization Chart Replacing One Conservation Representative I/II Position with a Conservation Analyst Position
13.	Receive and File District-Wide Annual Water Distribution System Production Summary for Water Year 2008
14.	Receive and File District-Wide Annual Water Production Summary Report for Water Year 2008
15.	Receive and File Water Year 2008 Seaside Basin Summary Report
16.	Consider Adoption of Treasurer's Report for February 2009
PRESENTATIONS
17.	Monthly Report from California American Water General Manager, Craig Anthony
18.	Water Supply Project Alternatives Update
19.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
20.	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
21.	Report on 5:30 PM Closed Session of the Board
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
22.	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.
23.	Consider Approval of Draft 2008 MPWMD Annual Report Action: The District’s enabling legislation requires that each year a public hearing be conducted on the annual report. At the March 2009 meeting, this item was deferred to April 2009.
24.	Consider First Reading of Ordinance No. 139 -- Amending the Rebate Program to Require a Refund when Water Savings from Rebated Fixtures are Reused for New or Intensified Uses Action: The Board will consider first reading of an ordinance that would require repayment of rebate money before a water permit is issued, when that permit makes use of a water credit for the rebated fixtures. Development of this ordinance was prompted by concerns raised by the California Public Utilities Commission’s Division of Ratepayer Advocates about the practice of allowing the reuse of water savings that result from the District’s rebate program.
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
25.	Review Special Meeting of MRWPCA Board of Directors and Ad Hoc Water Supply Planning Committee Regarding Development of Long-Term Agreements Among MRWPCA, MCWD, and MCWRA to Support the Proposed Regional Water Project, and Direct Preparation of a District Response Action: The Board will review the action taken by the Monterey Regional Water Pollution Control Agency (MRWPCA) Board and Ad Hoc Water Supply Planning Committee on March 23, 2009, to develop long-term water supply agreements among MRWPCA, Marina Coast Water District, and Monterey County Water Resources Agency to support the Regional Water Project proposed by the Water for Monterey County Coalition. These agreements are being developed by a nine-member negotiation committee and are scheduled to be completed by April 22, 2009. The Board will provide direction to staff regarding preparation of a District response.
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
27.	Committee Reports
28.	Strategic Plan Update
29.	Carmel River Fishery Report for 2009
30.	Water Conservation Program Report
31.	Monthly Allocation Report
32.	Monthly California American Water Production Report
33.	Monthly Water Supply Status Report
34.	Quarterly Water Supply Project Status Report
35.	Quarterly Irrigation Program and Riparian Projects Report
36.	Quarterly Carmel River Erosion Protection and Restoration Projects Report
37.	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., April 20, 2009, 7 PM, Ch. 25					Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon., April 27, May 4, 11 & 18					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., May 1, 8, 15 & 22					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., May 2, 8, 15 & 22					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., April 26, May 3, 11 & 18					Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
May 20, 2009			Special Board Meeting			8:30 AM	District Office
May 21, 2009			Regular Board Meeting			7:00 PM	District Office
May 28, 2009			Special Board Meeting/Workshop			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 April 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:\Arlene\word\2009\BoardMeetings\Agendas\042009\042009I.doc