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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AGENDA Special and Regular Meeting Board of Directors Monterey Peninsula Water
Management District ****************** Monday, December 11, 2023 at 5:00 p.m. [PST] Meeting Location: MPWMD – Main Conference Room
5 Harris Court, Building G, Monterey, CA 93940
[This
is an In-Person meeting. Remote participation may be offered via Zoom, but
this is optional as connectivity cannot be assured and thus is not a
necessary requisite for the meeting to proceed in-person.] To
Join via Zoom- Teleconferencing means, please click the link below: https://mpwmd-net.zoom.us/j/83480524615?pwd=p2NYSaohgNW2aV0Bzu8Bmh3FIgJ7rd.1 Or
join at: https://zoom.us/ Webinar
ID: 834 8052 4615 Passcode:
12112023 To
Participate by Phone: (669)
900-9128 For
detailed instructions on how to connect to the meeting, please see page 5 of this
agenda. 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, December 8, 2023 This agenda was posted at the District
website (www.mpwmd.net) and at 5 Harris Court, Bldg. G, Monterey, California on
Thursday, December 7, 2023. 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, December 8, 2023.
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CLOSED SESSION
AT 5:00 P.M. |
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CALL TO ORDER /
ROLL CALL |
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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
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Mission Statement Sustainably manage and augment the water resources of the
Monterey Peninsula to meet the needs of its residents and businesses while
protecting, restoring, and enhancing its natural and human environments. Vision Statement Model ethical, responsible, and responsive governance in pursuit
of our mission. Board’s Goals and Objectives Are available online at: https://www.mpwmd.net/who-we-are/mission-vision-goals/ |
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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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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. |
Public Employee
Performance Evaluation, (Pursuant to CA Gov Code Sec. 54957 of the Government
Code) - Title: General Manager |
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CS 2. |
Conference with Legal
Counsel – Existing Litigation Pursuant to CA Gov Code Sec. 54956.9 of the
Government Code) - MPWMD v. LAFCO - Case 22 CV 000935 |
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CS 3. |
Conference with Legal
Counsel – Existing Litigation Pursuant to CA Gov Code Sec. 54956.9 of the
Government Code) - MPWMD v. Cal-Am – Case No. Not Yet Assigned |
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RECESS TO CLOSED
SESSION |
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Any Closed Session Items not completed may be
continued to after the end of all open session items. |
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REGULAR SESSION
AT 6:00 P.M. |
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CALL TO ORDER /
ROLL CALL |
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PLEDGE OF
ALLEGIANCE |
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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 Board
Meeting on October 10, 2023 and the Special and
Regular Board Meeting on November 13, 2023
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2.
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Consider Adoption of Treasurer’s Report for October 2023
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3.
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Consider Confirmation of Salary and Benefits for CFO/ASD
Manager
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4.
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Consider Authorization of District Officers to Invest
Monies in Local Agency Investment Fund
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GENERAL
MANAGER’S REPORT
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5.
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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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6.
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Update on Water Supply Projects
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7.
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Progress Report on Strategic
Goals Assigned to General Manager for 2023
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REPORT FROM DISTRICT COUNSEL
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8.
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Update on Pending Litigation
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9.
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Reportable Action from Closed Session
on Monday, November 13, 2023
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DIRECTORS’ REPORTS
(INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
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10. |
Oral Reports on Activities of County, Cities,
Other Agencies/Committees/Associations |
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PUBLIC HEARINGS – Public Comment will
be received. Please limit your
comments to three (3) minuters per item. |
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11. |
Consider Adoption of January through March 2024 Quarterly Water Supply
Strategy and Budget |
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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 January through March 2024. The strategy sets monthly goals for surface
and groundwater production from various sources within the California
American Water systems. |
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CEQA
Compliance: Notice of Exemption, CEQA, Article 19,
section 15301 (Class 1)} |
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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 |
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12. |
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Recommended
Action/: The Board will receive the GASB 68
Accounting Valuation Report prepared by CalPERS. |
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13. |
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Recommended
Action: The Board will receive the GASB 75 OPEB
Valuation Report prepared by GovInvest. |
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ACTION ITEMS – Public Comment will
be received. Please limit your
comments to three (3) minutes per item. |
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14. |
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Recommended
Action: The
Board will consider adoption of a resolution in compliance with the
California Public Retirement System (CalPERS) requirement that the governing
body of any agency wishing to hire a retiree prior to 180-days following
their retirement date, pass a resolution to that effect.
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15. |
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Recommended
Action: The
Board will consider adoption of a resolution in compliance with the
California Public Retirement System (CalPERS) requirement that the governing
body of any agency wishing to hire a retiree prior to 180-days following
their retirement date, pass a resolution to that effect.
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16. |
Review and Consider Adopting the Board Meeting Schedule for Calendar
Year 2024 Through February 2025 |
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Recommended Action: The Board will review and consider adopting
the board meeting schedule for Calendar Year 2024. |
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17. |
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Recommended Action: The Board will conduct an election for the positions
of Board Chair Vice Chair, Secretary and Treasurer. |
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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, January 22, 2024 |
Regular |
6:00
p.m. |
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Monday, February 12, 2024 |
Regular |
6:00
p.m. |
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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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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 to Sara Reyes, Board Clerk
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 and has limited
seating capacity. Face coverings are encouraged, but not required. 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: See below “Instructions for
Connecting to the Zoom Meeting” 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 |
The public may remotely view and participate
in the meeting to make public comment by computer, by phone or smart device. Please log on or call in as early as
possible to address any technical issues that may occur and ensure you do not
miss the time to speak on the desired item. Follow these instructions to log
into Zoom from your computer, smart device or telephone. (Your device must
have audio capability to participate). To Join via
Zoom- Teleconferencing means, please click the link below: https://mpwmd-net.zoom.us/j/83480524615?pwd=p2NYSaohgNW2aV0Bzu8Bmh3FIgJ7rd.1 Or join at: https://zoom.us/ Webinar ID: 834
8052 4615 Passcode:
12112023 To Participate
by Phone: (669) 900-9128 1.
Use the
“raise hand” function to join the queue to speak on the current agenda item when the Chair calls the item for Public Comment. COMPUTER /
SMART DEVICE USERS: You can find the raise
hand option under your participant name. TELEPHONE
USERS: The following commands can be entered using
your phone’s dial pad: ·
*6 – Toggle Mute /
Unmute ·
*9 – Raise Hand 2.
Staff will call your
name or the last four digits of your phones number when it is your time to
speak. 3.
You may state your name
at the beginning of your remarks for the meeting minutes. 4.
Speakers will have up
to three (3) minutes to make their remarks. The Chair may announce and
limit time on public comment. 5.
You may log off or hang
up after making your comments. |
Refer
to the Meeting Rules to review the complete Rules of Procedure for MPWMD
Board and Committee Meetings: https://www.mpwmd.net/who-we-are/board-of-directors/meeting-rules-of-the-mpwmd/ |
U:\staff\Boardpacket\2023\20231211\Dec-11-2023-BoD-Meeting-Agenda.docx