This meeting has been noticed according to the Brown Act rules.  The Board of Directors meets regularly on the third Monday of each month, except in January and February.  The meetings begin at 6:00 PM.

 

 

 

 

Agenda

Special and Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

******************

Monday, May 16, 2022 at 5:00 p.m., Virtual Meeting

 

As a precaution to protect public health and safety, and pursuant to provisions of AB 361 (Rivas), this meeting will be conducted via Zoom Video/Teleconference only.

 

Join the meeting at this link: https://us06web.zoom.us/j/87495529718?pwd=VUFIc0tHeFVMOGdTZjNnYm1MakIwQT09

Or join at: https://zoom.us/

Webinar ID: 874 9552 9718

Passcode: 05162022

Participate by phone: (669) 900-9128

 

For detailed instructions on how to connect to the meeting, please see page 4 of this agenda.

 

You may also view the live webcast on AMP https://accessmediaproductions.org/

scroll down to the bottom of the page and select AMP 1.

 

Staff notes will be available on the District web site at
http://www.mpwmd.net/who-we-are/board-of-directors/bod-meeting-agendas-calendar/
by 5:00 P.M. on Friday, May 13, 2022

 

 

 

 

 

 

 

CLOSED SESSION AT 5:00 P.M.

 

 

 

CALL TO ORDER / ROLL CALL

 

 

 

ADDITIONS AND CORRECTIONS ON THE CLOSED SESSION AGENDA BY DISTRICT COUNSEL- District Counsel will announce agenda corrections and proposed additions, which may be acted on by the Directors as provided in Sections 54954.2 of the California Government Code..

 

 

 

 

Board of Directors

Karen Paull, Chair – Division 4

Mary L. Adams, Vice Chair – Monterey County

Board of Supervisors Representative

Alvin Edwards – Division 1

George Riley – Division 2

Safwat Malek – Division 3

Amy Anderson – Division 5

Clyde Roberson – Mayoral Representative

 

General Manager

David J. Stoldt

 

 

This agenda was posted at the District office at 5 Harris Court, Bldg. G, Monterey, California on Thursday, May 12, 2022. After staff reports have been posted and 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 posted on the District website.  Documents distributed on the afternoon of the meeting will be available upon request, and posted to the web within five days of adjournment of the meeting. The next scheduled meeting of the MPWMD Board of Directors will be on Thursday, May 26, 2022 (Budget Workshop) and Monday, June 20, 2022.  

 

 

 

 

 

PUBLIC COMMENT ON THE CLOSED SESSION AGENDA- Members of the public may address the Board on the item or items listed on the Closed Session agenda.

 

 

 

CLOSED SESSION – As permitted by Government Code Section 54956.9 et seq., the Bord may recess to closed session to consider specific matters dealing with pending or threatened litigation, certain personnel matters or certain property acquisition matters.

 

 

 

CS 1

Conference with Legal Counsel – As permitted by Government Code §54956.9 – the board will review one case of pending litigation: 

 

(a)     MPWMD, Plaintiff v. LAFCO of Monterey County, et al., Defendants; Monterey County Superior Court Case No.: 22CV000925.

 

 

 

 

CS 2

Conference with Real Property Negotiators - As permitted by Government Code §54956.7 to review real property negotiations:

 

(a)     The board will meet with its real property negotiators, General Manager Stoldt and General Counsel Laredo, to consider acquisition of private utility properties owned by California American Water Company (and described in Measure J of 2018); the conference will address both price and terms of payment.

 

 

 

 

CS 3

Conference with Legal Counsel – Existing Litigation (Government Code §54956.9):

 

(a)      Cal-Am Application to Obtain Approval of the Amended and Restated Water Purchase Agreement for the Pure Water Monterey Groundwater Replenishment Project. California Public Utilities Commission: Case No.: A. 21-11-024

 

 

 

 

CS 4

Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code §54956.9(b): Two (2) potential cases involving:  

 

(a)     Mercer- Fraser Co. & MPWMD, et al.

(b)    Threatened breach of contact relating to the Storage and Recovery Agreement and the Water Purchase Agreement between Cal-Am and MPMWD.

 

 

 

CONVENE TO CLOSED SESSION

 

 

 

 

 

RECONVENE TO OPEN SESSION | 6:00 P.M.

 

 

 

CALL TO ORDER / ROLL CALL

 

 

 

PLEDGE OF ALLEGIANCE

 

 

 

ADDITIONS AND CORRECTIONS TO THE AGENDA - The General Manager will announce agenda corrections and proposed additions, which may be acted on by the Board as provided in Sections 54954.2 of the California Government Code.

 

 

 

 

 

 

 

ORAL COMMUNICATIONS- Anyone wishing to address the Board on Consent Calendar, Information Items, Closed Session 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.  Unless noted with double asterisks “**”, Consent Calendar items do not constitute a project as defined by CEQA Guidelines section 15378.

 

1.

Consider Adoption of Minutes of the April 18, 2022 Regular Board Meeting

 

2.

Consider Adopting Draft Resolution No. 2022-12 Authorizing Remote Teleconferencing Meetings of all District Legislative Bodies for the Following 30 Days in Accord with the Ralph M. Brown Act and AB 361 (Rivas)

 

3.

Consider Adoption of Treasurer's Report for March 2022

 

4.

Receive and File Third Quarter Financial Activity Report for Fiscal Year 2021-2022

 

5.

Consider Approval of Third Quarter Fiscal Year 2021-2022 Investment Report

 

6.

Consider Approval of “Mulch Madness” Contingency Funding

 

7.

Consider Expenditure of Budgeted Funds for Water Conservation Equipment

 

8.

Consider Approval of Expenditure for Functionality Improvements to the Accela Water Demand Division Database

 

9.

Consider Approval of Expenditure for Purchase of Ford F150 4X4 Truck

 

 

 

GENERAL MANAGER’S REPORT

 

10.

Status Report on California American Water Compliance with State Water Resources Control Board Order 2016-0016 and Seaside Groundwater Basin Adjudication Decision

 

11.

Update on Development of Water Supply Projects

 

12.

Discussion on SB 1157 Hertzberg

 

13.

Drought Messaging and Funding

 

 

 

 

REPORT FROM DISTRICT COUNSEL

 

 

 

DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)

 

 

 

14.

Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations

 

 

 

 

PUBLIC HEARING -- Public Comment will be received. Please limit your comments to three (3) minutes per item.  

 

 

 

15.

Receive and Confirm Water Supply Forecast for Period of May 1, 2022 -- September 30, 2023 – and Consider Adopting Resolution 2022-13 to Amend Rationing Table XV-4

                                                 

Recommended Action: The Board will receive a report on the available water supply and determine whether water-rationing triggers have been met and consider adoption of Resolution 2022-13.

 

 

 

 

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.

 

16.

Report on Activity/Progress on Contracts Over $25,000

 

17.

Status Report on Measure J/Rule 19.8 Phase II Spending

 

18.

Letters Received

Letters Received Supplemental Packet

 

19.

Committee Reports

 

20.

Monthly Allocation Report

 

21.

Water Conservation Program Report                         

 

22.

Carmel River Fishery Report for April 2022

 

23.

Monthly Water Supply and California American Water Production Report

 

 

 

ADJOURNMENT

 

 

 

Board Meeting Schedule

 

Thursday, May 26, 2022

Monday, June 20, 2022

Monday, July 18, 2022

Special- Budget Workshop

Regular- Budget Adoption

Regular Meeting

6:00 p.m.

6:00 p.m.

6:00 p.m.

Virtual – Zoom

Virtual – Zoom

Virtual – Zoom

 

 

 

Board Meeting Television and On-Line Broadcast Schedule

 

 

 

Television Broadcast

Viewing Area

 

Comcast Ch. 24 | View live broadcast on meeting dates, and replays on Mondays, Tuesdays and Thursdays at 4:00 p.m.

All Peninsula Cities

 

Comcast Ch. 28 (Monterey County Government Channel)

Replays only at 9:00 a.m. on Saturdays  

Throughout the Monterey County Government Television viewing area.

 

 

 

 

Internet Broadcast

 

AMP 1 | View live broadcast on meeting dates, and replays on Mondays, Tuesdays, and Thursdays at 4:00 p.m. and at https://accessmediaproductions.org/  scroll to AMP 1.

 

Monterey County Government Channel | Replays only at 9:00 a.m. on Saturdays at www.mgtvonline.com

 

MPWMD YouTube Page – View live broadcast on meeting dates. Recording/Replays available five (5) days following meeting date - https://www.youtube.com/channel/UCg-2VgzLBmgV8AaSK67BBRg

 

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. MPWMD will also make a reasonable effort to provide translation services upon request.  Submit requests by noon on Friday, May 13, 2022 to joel@mpwmd.net, or at (831) 658-5652. Alternatively, you may reach Sara Reyes, Admin Services Division at (831) 658-5610.

 

 


 

Instructions for Connecting to the Zoom Meeting

Note:  If you have not used Zoom previously, when you begin connecting to the meeting you may be asked to download the app. If you do not have a computer, you can participate by phone.

 

Begin: Within 10 minutes of the meeting start time from your computer click on this link: https://us06web.zoom.us/j/87495529718?pwd=VUFIc0tHeFVMOGdTZjNnYm1MakIwQT09 or paste the link into your browser.

 

DETERMINE WHICH DEVICE YOU WILL BE USING

(PROCEED WITH ONE OF THE FOLLOWING INSTRUCTIONS)

 

USING A DESKTOP COMPUTER OR LAPTOP

1.       In a web browser, type: https://www.zoom.us  

2.       Hit the enter key

3.       At the top right-hand corner, click on “Join a Meeting”

4.       Where it says “Meeting ID”, type in the Meeting ID# above and click “Join Meeting”

5.       Your computer will begin downloading the Zoom application. Once downloaded, click “Run” and the application should automatically pop up on your computer. (If you are having trouble downloading, alternatively you can connect through a web browser – the same steps below will apply).

6.       You will then be asked to input your name. It is imperative that you put in your first and last name, as participants and attendees should be able to easily identify who is communicating during the meeting.

7.       From there, you will be asked to choose either ONE of two audio options: Phone Call or Computer Audio:

 

COMPUTER AUDIO

1.       If you have built in computer audio settings or external video settings – please click “Test Speaker and Microphone”.

2.       The client will first ask “Do you hear a ringtone?” •If no, please select “Join Audio by Phone”.

a.        If yes, proceed with the next question:

3.       The client will then ask “Speak and pause, do you hear a replay?” •  If no, please select “Join Audio by Phone” • If yes, please proceed by clicking “Join with Computer Audio”

 

PHONE CALL

1.        If you do not have built in computer audio settings or external video settings – please click “Phone Call”

2.       Select a phone number based on your current location for better overall call quality.

+1 669-900-9128  (San Jose, CA)

 

+1 253-215-8782  (Houston, TX)

 

+1 346-248-7799  (Chicago, IL)

 

+1 301-715-8592  (New York, NY)

 

+1 312-626-6799  (Seattle, WA)

 

+1 646-558-8656 (Maryland)

 

3.       Once connected, it will ask you to enter the Webinar ID No. and press the pound key

4.       It will then ask you to enter your participant ID number and press the pound key.

5.       You are now connected to the meeting.

 

USING AN APPLE/ANDROID MOBILE DEVICE OR SMART PHONE

1.       Download the Zoom application through the Apple Store or Google Play Store (the application is free).

2.       Once download is complete, open the Zoom app.

3.       Tap “Join a Meeting”

4.       Enter the Meeting ID number

5.       Enter your name. It is imperative that you put in your first and last name, as participants and attendees should be able to easily identify who is communicating during the meeting.

6.       Tap “Join Meeting”

7.       Tap “Join Audio” on the bottom left hand corner of your device

8.       You may select either ONE of two options: “Call via Device Audio” or “Dial in”

 

DIAL IN

1.       If you select “Dial in”, you will be prompted to select a toll-free number to call into.

2.       Select a phone number based on your current location for better overall call quality.

+1 669-900-9128  (San Jose, CA)

 

+1 253-215-8782  (Houston, TX)

 

+1 346-248-7799  (Chicago, IL)

 

+1 301-715-8592  (New York, NY)

 

+1 312-626-6799  (Seattle, WA)

 

+1 646-558-8656 (Maryland)

 

3.       The phone will automatically dial the number, and input the Webinar Meeting ID No. and your Password.

4.       Do not hang up the call, and return to the Zoom app

5.       You are now connected to the meeting.

 

 

Presenting Public Comment

 

Receipt of Public Comment – the Chair will ask for comments from the public on all items. Limit your comment to 3 minutes but the Chair could decide to set the time for 2 minutes.

(a)     Computer Audio Connection:  Select the “raised hand” icon.  When you are called on to speak, please identify yourself.

(b)    Phone audio connection with computer to view meeting: Select the “raised hand” icon.  When you are called on to speak, dial *6 to unmute and please identify yourself.

(c)    Phone audio connection only: Press *9. Wait for the clerk to unmute your phone and then identify yourself and provide your comment.  Press *9 to end the call. 

 

 

Submit Written Comments

 

If you are unable to participate via telephone or computer to present oral comments, you may also submit your comments by e-mailing them to comments@mpwmd.net with one of the following subject lines "PUBLIC COMMENT ITEM #" (insert the item number relevant to your comment) or “PUBLIC COMMENT – ORAL COMMUNICATIONS".  Comments must be received by 12:00 p.m. on Monday, May 16, 2022. Comments submitted by noon will be provided to the Board of Directors and compiled as part of the record of the meeting.

U:\staff\Boardpacket\2022\20220516\May-16-2022-Special-and-Regular-BoD-Mtg-Agenda.docx