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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, unless otherwise noted. |
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Special
and Regular Meeting Board
of Directors Monterey
Peninsula Water Management District ****************** Monday,
November 14, 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://mpwmd-net.zoom.us/j/89689567233?pwd=Y1czN29DekthS3kvL0ttTmNXVGdNQT09 Or join at: https://zoom.us/ Webinar ID: 896
8956 7233 Passcode: 11142022 Participate by Phone:
(669) 900-9128 For detailed
instructions on how to connect to the meeting, please see page 5 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 Thursday, November 10, 2022
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CLOSED
SESSION AT 5:00 P.M. |
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CALL
TO ORDER / ROLL CALL |
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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. |
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Board of DirectorsKaren
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 ManagerDavid
J. Stoldt
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This agenda was posted at the District
office at 5 Harris Court, Bldg. G, Monterey, California on Thursday, November
10, 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 Monday, December 12, 2022. |
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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. |
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CLOSED
SESSION – As permitted by Government
Code Section 54956.9 et seq., the Board may recess to closed session to
consider specific matters dealing with pending or threatened litigation,
certain personnel matters or certain property acquisition matters. |
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CS 1. |
Conference with Legal Counsel – the board will
confer with District Counsel to review two matters of pending litigation
pursuant to Government Code §54956.9.: a.
Monterey Peninsula
Taxpayers' Association, Inc., a California nonprofit corporation; and Richard
J. Heuer, III, an individual, Plaintiff v. Monterey Peninsula Water
Management District, a California public agency; and DOES 1 through 10, Defendant.
Superior Court of California, County of Monterey; Case No.: 21CV003066 |
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b.
California American
Application to Execute the Water Purchase Agreement, re: Pure Water Monterey
Expansion. California Public Utilities Commission Case No.: A.21-11-024 |
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CS 2. |
Public
Employee Performance Evaluation, (Pursuant to CA Gov Code Sec. 54957 of the
Government Code) - Title: General Manager |
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CONVENE TO
CLOSED SESSION |
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RECONVENE
TO REGULAR SESSION | 6:00 P.M. |
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CALL
TO ORDER / ROLL CALL |
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PLEDGE
OF ALLEGIANCE |
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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. |
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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. |
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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. |
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1.
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Consider Adoption of Minutes of the Special and Regular Board
Meeting on Monday, October 17, 2022
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2.
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Consider Adopting Draft Resolution No. 2022-32
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)
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3.
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Consider Adoption of Treasurer’s Report for July 2022
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4.
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Consider Approval of
Funds and a Contract for the Sleepy Hollow Steelhead Rearing Facility Rearing
Channel Rehabilitation Project
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5.
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Consider Approving Budgeted Funds Not to Exceed $6,500
to Purchase Field Uniforms for the Water Resources and Environmental
Resources Divisions
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6.
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Consider Approving the Contract with Tierra Plan in an
Amount Not-to-Exceed $27,730 to upgrade the MPWMD Stream Flow Data Portal to
a Public Facing Database Web Server
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7.
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Consider Adoption of Resolution No. 2022-33 Amending the
Non-Residential Water Use Factor for Self-Storage Facilities
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PRESENTATION OF PLAQUE TO OUTGOING
DIRECTORS: SAFWAT MALEK, DIRECTOR DIVISION
3 AND CLYDE ROBERSON, MAYORAL REPRESENTATIVE/DIRECTOR
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GENERAL MANAGER’S REPORT
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8.
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Status Report on California
American Water Compliance with State Water Resources Control Board Order
2016-0016 and Seaside Groundwater Basin Adjudication Decision (Verbal
Report)
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9.
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Update on Water Supply Projects
(Verbal Report)
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10.
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Receive and Discuss the
California Coastal Commission’s Hearing on Thursday, November 17, 2022 on California
American Water Company’s Application No. 9.20-0603 (Verbal Report)
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REPORT FROM DISTRICT COUNSEL
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11.
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Report on Closed Session
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12.
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Status Report on Monterey Peninsula Taxpayers'
Association, Inc., a California nonprofit corporation; and Richard J. Heuer,
III, an individual, Plaintiff v. Monterey Peninsula Water Management
District, a California public agency; and DOES 1 through 10, Defendant.
Superior Court of California, County of Monterey; Case No.: 21CV003066
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DIRECTORS’ REPORTS (INCLUDING AB
1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
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13. |
Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations |
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ACTION ITEM – Public Comment will be received. Please limit your comments to
three (3) minutes per item. |
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14. |
Consider, Discuss and
Nominate a Candidate to Board Chair and Vice-Chair for Calendar Year 2023 Recommended
Action: The Board will consider and discuss strategies for Board leadership
for calendar 2023, nominate a candidate to Chair and Vice Chair, but not vote
on candidates until its normal December meeting. |
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15. |
Recommended
Action: The Board will consider approving Amendment 7 to the Cost Sharing
Agreement with M1W for the Pure Water Monterey Project and execute per
agreement with M1W and at the direction of the CFO and General Manager,
subject to any non-substantive edits to the Agreement as a result of M1W
subsequent adoption of the Amendment. |
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16. |
Recommended
Action: The Board will consider: (a) Authorizing MPWMD to act as CEQA Lead
Agency for the Los Padres Dam Outlet Modification Project; and (b) Authorize
the General Manager to enter into a reimbursement agreement with Cal-Am in
the amount not-to-exceed $35,000 for the Los Padres Dam Outlet Modification Project
CEQA Lead Agency work. [This action does not constitute a project as defined by the California
Environmental Quality Act Guidelines section 15378] |
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DISCUSSION ITEM - Discussion Only. No
action will be taken by the Board. Public Comment will be received. Please
limit your comments to three (3) minutes per item. |
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17. |
Discuss Meeting Format for
District Board and Committee Meetings |
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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. |
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18. |
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19. |
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20. |
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21. |
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22. |
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23. |
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24. |
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25. |
Monthly Water Supply and California American Water
Production Report [Exempt
from environmental review per SWRCB Order Nos. 95-10 and 2016-0016, and the
Seaside Basin Groundwater Basin adjudication decision, as amended and Section
15268 of the California Environmental Quality Act (CEQA) Guidelines, as a
ministerial project; Exempt from Section 15307, Actions by Regulatory
Agencies for Protection of Natural Resources] |
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ADJOURNMENT |
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Board Meeting Schedule |
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Monday,
December 12, 2022 Thursday,
January 26, 2023 Thursday,
February 23, 2023 |
Regular
Meeting Regular
Meeting Regular
Meeting |
6:00
p.m. 6:00
p.m. 6:00
p.m. |
Virtual
– Zoom Virtual
– Zoom Virtual
– Zoom |
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Board Meeting
Television and On-Line Broadcast Schedule |
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Television
Broadcast |
Viewing Area |
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Comcast
Ch. 24 | View live broadcast on meeting dates, and replays on Mondays,
Tuesdays and Thursdays at 4:00 p.m. |
All Peninsula Cities |
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Comcast
Ch. 28 (Monterey County Government Channel) Replays
only at 9:00 a.m. on Saturdays |
Throughout the Monterey County Government Television viewing
area. |
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Internet
Broadcast |
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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. |
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Monterey
County Government Channel | Replays only at 9:00 a.m. on Saturdays at www.mgtvonline.com |
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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 |
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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, November 11, 2022 to:
(1) Joel G. Pablo by e-mail at joel@mpwmd.net, or at (831)
658-5652; and (2) Sara Reyes by e-mail at sara@mpwmd.net or at (831)
658-5610. |
Instructions for Connecting to
the Zoom Meeting |
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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://mpwmd-net.zoom.us/j/89689567233?pwd=Y1czN29DekthS3kvL0ttTmNXVGdNQT09 or copy / 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.
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.
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. |
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Presenting Public Comment |
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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. |
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Submit
Written Comments |
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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, November 14, 2022. Comments submitted by noon will be provided
to the Board of Directors and compiled as part of the record of the meeting. |
Z:\Boards, Commissions and
Committees\2022\Board\15. November 14, 2022\11-14-2022-MPWMD-BoD-Draftv3.docx