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.

 

 

 

 

 

AGENDA

Special and Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

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

Monday, March 20, 2023 at 5:00 p.m. [PST]

 

Meeting Location: Main Conference Room

Monterey Peninsula Water Management District

5 Harris Court, Building G, Monterey, CA 93940

[Hybrid: In-Person and via Zoom]

 

To Join via Zoom- Teleconferencing Means, please click the link below:

https://mpwmd-net.zoom.us/j/85709479749?pwd=SW85djIxd3FZZUJSc1hIUDlYNGV1dz09

 

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

Webinar ID: 857 0947 9749

Passcode: 03202023

To Participate by Phone: (669) 900-9128

 

Director Alvin Edwards may participate by Teleconferencing Means from 20166 Washburn Street,

Detroit, MI 48221

 

For detailed instructions on how to connect to the meeting, please see page 6 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, March 16, 2023

 

 

 

 

CLOSED SESSION AT 5:00 P.M.

 

 

 

CALL TO ORDER / ROLL CALL

 

 

 

Board of Directors

Mary L. Adams, Chair – Monterey County Board of Supervisors Representative

Amy Anderson, Vice Chair – Division 5

Alvin Edwards – Division 1

George Riley – Division 2

Marc Eisenhart – Division 3

Karen Paull – Division 4

Ian Oglesby– 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, March 16, 2023. 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 meetings of the MPWMD Board of Director’s are set for Friday, March 31, 2023 and Monday, April 17, 2023.

 

 

 

 

 

 

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.

 

 

 

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 Board 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 Real Property Negotiators (Government Code Sections 54954.5(b), 54956.8/ District Representative: David Stoldt / Negotiation Affecting Properties Held by California American Water Company

 

 

 

CS 2.

Conference with Legal Counsel – Existing Litigation [§ 54956.9(a)], (Monterey Peninsula Taxpayers Assoc. v. Monterey Peninsula Water Management District) – Monterey County Superior Court, Case No.: 21CV003066

 

 

 

 

RECESS TO CLOSED SESSION

 

 

 

Any Closed Session Items not completed may be continued to after the end of all open session items.

 

 

 

 

 

REGULAR SESSION AT 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 Regular Board Meeting on Monday, February 13, 2023

 

2.

Consider Adoption of Treasurer’s Report for January 2023

 

3.

Consider Approving a Memorandum of Agreement to Share in the Cost of Installing a Groundwater Monitoring Well (Fort Ord 09 – Shallow)

 

 

 

 

GENERAL MANAGER’S REPORT

 

4.

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

 

5.

Update on Water Supply Projects (Verbal Report)

 

6.

Discussion on Pure Water Monterey Legal Expenses

 

 

 

 

REPORT FROM DISTRICT COUNSEL

 

7.

Report from District Counsel and Report Out (if any) from the Closed Session meeting on Monday, March 20, 2023

 

 

 

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

 

8.

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.

 

 

 

 

9.

Consider Adoption of the 2022 MPWMD Annual Report

 

Recommended Action: The Board will conduct a public hearing and adopt the proposed 2022 MPWMD Annual Report with any changes or edits as recommended.

 

 

 

 

10.

Consider Adoption of April through June 2023 Quarterly Water Supply Strategy and Budget

 

[CEQA Compliance:  Notice of Exemption, CEQA, Article 19, Section 15301 (Class 1)

ESA Compliance: Consistent with the September 2001 and February 2009 Conservation Agreements between the National Marine Fisheries Service and California American Water to minimize take of listed steelhead in the Carmel River and Consistent with SWRCB WR Order Nos. 95-10, 98-04, 2002-0002, and 2016-0016.]

 

Recommended Action: The Board will consider approval of a proposed production strategy for the California American Water Distribution Systems for the three-month period of April through June 2023. The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.

 

 

 

 

ACTION ITEMSPublic Comment will be received. Please limit your comments to three (3) minutes per item.

 

 

 

11.

Consider Authorizing the General Manager to Enter into a Contract with Montgomery and Associates to Provide a Tularcitos Aquifer Storage and Recovery (ASR) Feasibility Study

 

Recommended Action: The Board will authorize the General Manager to enter a contract with Montgomery and Associates to provide a Tularcitos ASR Feasibility Study to the District for an amount not to exceed $119,200.

 

 

12.

Consider Approval of Additional Contingency Funds for the Sleepy Hollow Steelhead Rearing Facility Rearing Channel Rehabilitation Project

 

Recommended Action: The Board will authorize an additional $100,000 in contingency funds for Sleepy Hollow Steelhead Rearing Facility Rehabilitation Project (Rehab Project).

 

 

13.

Consider Approval of District Legislative Advocacy Plan for 2023

 

Recommended Action:  The Board will review and adopt the proposed 2023 Legislative Advocacy Plan.

 

 

 

 

14.

Consider Adoption of Mid-Year Fiscal Year 2022 – 23 Budget Adjustment

 

Recommended Action: The Board will consider adoption of the proposed mid-year budget adjustment for FY2022 – 2023.

 

 

 

 

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.

 

 

 

15.

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

 

16.

Status Report on Measure J / Rule 19.8 Phase II Spending

 

17.

Letters Received

Letters Received Supplemental Packet

 

18.

Committee Reports

 

19.

Monthly Allocation Report

 

20.

Water Conservation Program Report

 

21.

Carmel River Fishery Report for February 2023

 

22.

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]

 

 

 

 

ADJOURNMENT

 

 

 

Board Meeting Schedule

 

Friday, March 31, 2023

Special - Strategic Planning Workshop

9:00 a.m.

In-Person

 

Monday, April 17, 2023

Regular

6:00 p.m.

Hybrid

 

Monday, May 15, 2023

Regular

6:00 p.m.

Hybrid

 

Thursday, May 25, 2023

Special - Budget Workshop

6:00 p.m.

Hybrid

 

Hybrid: In-Person at the District Main Conference Room and via Zoom- Teleconferencing Means.

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Accessibility

 

 

In accordance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), 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 at least 48 hours prior to the scheduled meeting date/time: (1) Joel G. Pablo, Board Clerk by e-mail at joel@mpwmd.net, or at (831) 658-5652; and (2) Sara Reyes, Sr. Office Specialist by e-mail at sara@mpwmd.net or at (831) 658-5610.

 

 

Provide Public Comment at the Meeting

 

 

Attend In-Person

The Board meeting will be held in the Main Conference Room at 5 Harris Court, Building, G. Monterey, CA 93942. Please fill out a speaker card for each item you wish to speak on, and place in the speaker card box next to the Board Clerk.

                                                                                                                                                               

Attend via Zoom ((For detailed instructions, please see “Instructions for Connecting to the Zoom Meeting” below.)

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

(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 you may identify yourself for the record.

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

 

Submission of Public Comment via E-mail

Send comments 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." Staff will forward correspondence received to the Board. Correspondence is not read during public comment portion of the meeting. However, all written public comment received becomes part of the official record of the meeting and placed on the District’s website as part of the agenda packet for the meeting.

 

Submission of Written Public Comment

All documents submitted by the public must have no less than fifteen (15) copies to be received and distributed by the Clerk prior to the Meeting.

 

Document Distribution

In accordance with Government Code §54957.5, any materials of public record relating to an agenda item for a meeting of the Board of Directors that are provided to a majority of the members less than 72 hours before the meeting will be made available at the District Office, 5 Harris Court, Building G., Monterey, CA, during normal business hours. Materials of public record that are distributed during the meeting shall be made available for public inspection at the meeting if prepared by the Board or a member of its legislative/advisory body, or the next business day after the meeting if prepared by some other person.

 

 

 

 

 


 

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://mpwmd-net.zoom.us/j/85709479749?pwd=SW85djIxd3FZZUJSc1hIUDlYNGV1dz09 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.

+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.

Refer to the Meeting Rules of the Monterey Peninsula Water Management District (Revised August 2022) at https://www.mpwmd.net/who-we-are/board-of-directors/meeting-rules-of-the-mpwmd/

 

U:\staff\Boardpacket\2023\20230320\Mar-20-2023-BoD-Mtg-Agenda.docx