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 6/4/09) Regular Meeting Board of Directors Monterey Peninsula Water Management District ****************** Monday, June 15, 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, June 12, 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 No. 04-09-019 – Coastal Water Project
	B.	Application of California American Water Company to the California Public Utilities Commission No. 09-04-015 – 2008 Coastal Water Project Construction
	C.	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)
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, ________, through Monday, ______________ 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 , , 2009.
	D.	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)
	E.	State Water Resources Control Board Draft Cease and Desist Order WR 2008-00XX-DWR
4.	Conference with Labor Negotiators (Gov. Code 54957.6)
	Agency Designated Representatives: Rick Dickhaut, Cynthia Schmidlin, Darby Fuerst and William Avery
	Employee Organization: General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792
	Unrepresented Employees: Confidential Unit
5.	Conference with Legal Counsel – Existing Litigation (Gov. Code 54956.9 (a))
	California American Water v City of Seaside et al. (Case No.: M 66343)
6.	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 May 20, 2009 Special Board Meeting, May 21, 2009 Regular Board Meeting and June 1, 2009 Special Meeting/Board Workshop
2.	Consider Adoption of Findings that Insufficient Physical Supplies Exist to Serve the Ryan Ranch Water Distribution System and Determine as to Whether, and to What Extent, System Capacity and/or Expansion Capacity Limits Should be Modified
3.	Consider Designation of Method for Resolving Tie Votes for Elections in Voter Divisions 1 through 5
4.	Authorize Expenditure of Budgeted Funds to Contract for Limited Term Positions
5.	Consider Expenditure of Funds to Contract for Professional Services to Evaluate Economic and Cost Allocation Issues Associated with the Proposed Coastal Water and Regional Water Supply Projects
6.	Consider Expenditure of Budgeted Funds to Amend Contract with Golden State Planning and Environmental Consulting to Assist with Water Distribution System Permit Program
7.	Consider Expenditure of Budgeted Funds to Amend Contract with Pueblo Water Resources to Provide Hydrogeologic Review for Water Distribution System Permits
8.	Consider Expenditure of Budgeted Funds for Purchase of Positive-Action Shut Off Nozzles
9.	Authorize Expenditure of Contingency Funds for Amendment to Rebate Database Programming
10.	Consider Approval of Annual Memorandum of Agreement for Releases and Diversions from San Clemente Reservoir between California American Water, California Department of Fish and Game, and MPWMD
11.	Consider Adoption of Resolution 2009-06 Establishing Article XIII(B) 2009-2010 Fiscal Year Appropriations Limit
12.	Receive 2006-07 Mitigation Program Annual Report
13.	Receive and File Third Quarter Financial Activity for Fiscal Year 2008-09
14.	Consider Adoption of Treasurer's Report for April 2009
PRESENTATIONS
15.	Monthly Report from California American Water General Manager, Craig Anthony
16.	Water Supply Project Alternatives Update
17.	Water Conservation Program Report
GENERAL MANAGER’S REPORT
18.	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
19.	Report on June 1, 2009 and June 15, 2009 Board Closed Sessions
DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
20.	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.
21.	Consider Request for Variance to Rule 23 (individual metering requirement) for Carmel Foundation Senior Housing Complex -- Jill Sheffield, Carmel Foundation – APN 010-136-013 Action: The Board will consider a request to allow a master water meter for a 14-unit senior housing complex in Carmel.  The project is currently under construction.  The Carmel Foundation is a non-profit membership organization that benefits local seniors.
22.	Consider Adoption of July through September 2009 Quarterly Water Supply Strategy and Budget Action: The Board will consider approval of a proposed production strategy for the California American Water Main Distribution System for the three-month period of July through September 2009. The strategy sets monthly goals for surface and groundwater production from various sources within the main California American Water system.
23.	Public Hearing to Review District Aquifer Storage Recovery (ASR) Fees Action: The Board of Directors is required by Ordinance No. 138 to hold a public hearing related to ASR fees at the time it reviews the annual District budget.  The Board is to determine whether the purpose funded by this fee is still required, and whether the amount of the fee remains appropriate.
24.	Consider Adoption of Proposed FY 2009-2010 MPWMD Budget and Resolution 2009-07 Action: The Board will consider adoption of the Fiscal Year 2009-2010 MPWMD Budget and the corresponding resolution that would confirm their action.
ACTION ITEMS – Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.
25.	Consider Adoption of Resolution 2009-08 Modifying Rule 162 -- Regulatory Water Production Targets for California American Water Systems Action: The Board will consider modifications to the Regulatory Water Production Targets in Tables XV-1 and XV-2 of Rule 162. The modifications are necessary to reflect the reductions in pumping from the Seaside Groundwater Basin recently imposed by the Seaside Basin Watermaster.
26.	Review and Provide Direction to Staff on Draft Conceptual Ordinance Amending Regulation XIV, Water Conservation Action: The Board will provide policy direction to staff on the water credit program.  Proposed increased conservation measures in Regulation XIV may impact the future ability to obtain and use water credits based on water conservation savings.
27.	Receive Report on the Potential for Increasing the Storage Capacity of Los Padres Reservoir Action: The Board will receive a report on staff’s findings regarding the feasibility of various methods to increase the storage capacity of Los Padres Reservoir.
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.
28.	Letters Received
29.	Committee Reports
30.	Carmel River Fishery Report for May 2009
31.	Water Conservation Program Report
32.	Monthly Allocation Report
33.	Monthly California American Water Production Report
34.	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. June 15, 2009, 7 PM, Ch. 25					Del Rey Oaks, Monterey, Sand City, Seaside
Rebroadcast
Ch. 28, 7 PM, Mon., June 22 & 29; July 6, 13 & 20					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 7 PM, Fri., June 26; July 3, 10, 17 & 24					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 28, 1 PM, Sat., June 27; July 4, 11, 18 & 25					Carmel, Carmel Valley, Del Rey Oaks, Monterey, Pacific Grove, Pebble Beach Sand City, Seaside
Ch. 25, 7 PM, Sun., June 20 & 27; July 5, 12 & 19					Del Rey Oaks, Monterey, Sand City, Seaside
Upcoming Board Meetings
July 20, 2009			Board Closed Session			5:30 PM	Grill at Ryan Ranch
July 20, 2009			Regular Board Meeting			7:00 PM	District Office
July 30, 2009			CANCELLED
August 17, 2009			Board Closed Session			5:30 PM	Grill at Ryan Ranch
August 17, 2009			Regular Board 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, June 11, 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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