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, November 18, 2024 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/84893019494?pwd=0NkArHebZs6ynSe4fZwBznFW6Ff4v8.1 Or join at: https://zoom.us/ Webinar ID: 848 9301 9494 Passcode: 111824 To 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. This agenda was posted at the District website (www.mpwmd.net) and at 5 Harris Court, Bldg. G, Monterey, California on Thursday, November 14, 2024. 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, November 15, 2024.
	CLOSED SESSION AT 5:00 P.M.
	CALL TO ORDER / ROLL CALL
	Board of Directors Amy Anderson, Chair – Division 5 George Riley, Vice-Chair – Division 2 Alvin Edwards – Division 1 Marc Eisenhart – Division 3 Karen Paull – Division 4 Mary L. Adams– Monterey County Board of Supervisors Representative Ian Oglesby– Mayoral Representative General Manager David J. Stoldt						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/
	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.
	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 Legal Counsel – Existing Litigation (§54956.9(d)(1)):
	a.	Monterey Peninsula Taxpayers’ Association, Inc., et al. v. the Monterey Peninsula Water Management District, Case No. 21CV003066.
	b.	Monterey Peninsula Taxpayers’ Association, Inc., et al. v. the Monterey Peninsula Water Management District, et al., Case No. 22CV002113.
	c.	Monterey Peninsula Taxpayers’ Association, Inc., et al. v. the Monterey Peninsula Water Management District, et al., Case No. 23CV002453.
	d.	Richards J. Heuer III v. the Monterey Peninsula Water Management District, Case No. 24CV002642.
	e.	Monterey Peninsula Taxpayers’ Association, Inc., et al v. the Monterey Peninsula Water Management District, et al., Case No. 24CV003408.
CS 2.	Conference with Legal Counsel – Existing Litigation (§54956.9(d)(1)), MPWMD v. Cal-Am – Case No. 23 CV 004102
CS 3.	Conference with Legal Counsel – Existing Litigation (§54956.9(d)(1)), City of Marina; MPWMD, et al, v. California Coastal Commission (CCC); Cal-Am; 22CV004063
	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
	PRESENTATIONS TO OUTGOING DIRECTORS MARY ADAMS, MONTEREY COUNTY BOARD OF SUPERVISORS REPRESENTATIVE, AND MARC EISENHART, DIVISION 3
	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 Special Board Meeting on October 11, 2024 and the Regular Board Meeting on October 21, 2024
	2.		Consider Adoption of Treasurer’s Report for September 2024
	3.		Receive and File First Quarter Financial Activity Report for Fiscal Year 2024-2025
	4.		Consider Approval of First Quarter Fiscal Year 2024-2025 Investment Report
	5.		Receive Government Accounting Standards Board (GASB) Statement No. 75 Accounting and Financial Reporting for Post-Employment Benefits Other Than Pension
	GENERAL MANAGER’S REPORT
	6.		Status Report on California American Water Compliance with State Water Resources Control Board Order 2016-0016 and Seaside Groundwater Basin Adjudication Decision (Verbal Report)
	REPORT FROM DISTRICT COUNSEL
	7.		Report From District Counsel
	DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
	8.		Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations
	ACTION ITEMS – Public Comment will be received. Please limit your comments to three (3) minutes per item.
	9.		Consider Approval of Funds for Rate Design Consultant for Replacement Water Supply Charge Subject to a Proposition 218 Approval Process
			Recommended Action: The Board will decide whether to approve up to $47,250 and instruct staff to contract with the most qualified consultant.
	10.		Consider Approval of Funds for Engineering and Utility Operations Consultants in Support of the Public’s Acquisition of the Monterey Water System
			Recommended Action: The Board will consider approving up to $965,000 for a contract with Close & Associates and direct staff to select the most qualified civil engineering consultant, with a total contract amount not to exceed $1,200,000.
	DISCUSSION ITEMS – Public Comment will be received. Please limit your comments to three (3) minutes per item.
	11.		Update on Water Allocation Process
			Recommended Action: The Board will receive an update from the General Manager on the Water Allocation Process
	INFORMATIONAL ITEMS/STAFF REPORTS - The public may address the Board on Informational Items and Staff Reports during the Oral Communications portion of the meeting. Please limit your comments to three minutes.
	12.		Report on Activity/Progress on Contracts Over $25,000
	13.		Status Report on Spending – Public’s Ownership of Monterey Water System
	14.		Letters Received and Sent			Supplemental Letter Packet
	15.		Committee Reports
	16.		Monthly Allocation Report
	17.		Water Conservation Program Report for October 2024
	18.		Carmel River Fishery Report for October 2024
	19.		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
	Monday, December 16, 2024				Regular				6:00 p.m.
	Monday, January 27, 2025				Regular				6:00 p.m.
	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 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.

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/84893019494?pwd=0NkArHebZs6ynSe4fZwBznFW6Ff4v8.1

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

Webinar ID: 848 9301 9494

Passcode: 111824

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's 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/

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