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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. |
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AGENDA Special
and Regular Meeting Board
of Directors Monterey
Peninsula Water Management District ****************** Monday,
September 20, 2021 at 5:00 PM, Virtual Meeting Pursuant
to Governor Newsom's Executive Orders N-29-20 and N-33-20, and to do all we
can to help slow the spread of COVID-19 (coronavirus), meetings of the
Monterey Peninsula Water Management District Board of Directors and
committees will be conducted with virtual (electronic) participation only
using Zoom. Join the meeting
at this link: https://us06web.zoom.us/j/86240381224?pwd=TGJTVUI5U1gvQzd0dW9uZXpwVXZvZz09 Or join at: https://zoom.us/ Webinar ID: 862
4038 1224 Passcode:
09202021 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 the Peninsula Channel 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 PM on Friday, September 17, 2021
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CLOSED
SESSION AGENDA | 5:00 PM CALL
TO ORDER / ROLL CALL |
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ADDITIONS
AND CORRECTIONS TO THE CLOSED SESSION AGENDA BY DISTRICT COUNSEL– District Counsel 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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Board
of Directors
Alvin Edwards, Chair –
Division 1 Karen Paull, Vice
Chair – Division 4 George Riley –
Division 2 Safwat Malek –
Division 3 Amy Anderson –
Division 5 Mary L. Adams,
Monterey County Board of
Supervisors Representative Clyde Roberson –
Mayoral Representative General
Manager
David J. Stoldt |
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This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey,
California on Thursday, September 16, 2021. 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
regularly scheduled meeting of the MPWMD Board of Directors will be on
Monday, October 18, 2021 at 6:00 PM. |
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CONVENE TO 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 pending litigation pursuant to Government Code §54956.9.: |
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a. Public Employee Performance Evaluation (CA Gov Code Sec. 54957) -
General Manager |
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b. Conference with Legal Counsel – Existing Litigation (§ 54956.9)
MPWMD v. Cal-Am – CPUC Case No. 21-05-005 |
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c. Conference with Legal Counsel – Liability Claim (§
54961) & Significant Exposure to Threatened Litigation (§ 54956.9 (b))
MPTA v. MPWMD – Case No. Not Yet Assigned |
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RECONVENE
TO OPEN SESSION - REGULAR SESSION | 6:00 PM |
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CALL
TO ORDER / ROLL CALL |
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PLEDGE
OF ALLEGIANCE |
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ADDITIONS
AND CORRECTIONS TO 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 from the August 16, 2021 Regular Board Meeting, August 26, 2021 Special Board
Meeting and September 2, 2021 Special Board Meeting
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2.
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Consider Extension of Cooperative Agreement with the
United States Geological Survey for Streamflow Gaging in Water Year 2022
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3.
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Consider Expenditure for Network Security Assessment
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4.
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Consider Adoption of Treasurer’s Report for June, 2021
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5.
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Consider Approval of Fourth Quarter Fiscal Year
2020-2021 Investment Report
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GENERAL
MANAGER’S REPORT
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6.
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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
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DIRECTORS’
REPORTS (INCLUDING AB 1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND
MEETINGS)
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7. |
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) minutes per item. |
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8. |
Consider Adoption of October through December 2021
Quarterly Water Supply Strategy and Budget 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 October through December 2021. The strategy sets monthly goals for surface and
groundwater production from various sources within the California American Water systems. |
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9. |
Consider Adoption of Resolution No. 2021-12
Modifying Rule 160 – Regulatory Water Production Targets for California
American Water System. (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.) Recommended
Action: The
Board will consider adopting Resolution No. 2021-12 modifying Rule 160. |
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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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10. |
Recommended
Action: The Board will consider authorizing the General Manager
to contract with Maggiora Brothers in the amount
not to exceed $25,000 to destroy FO-09 Shallow. |
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11. |
a. Not to Exceed $120,000 for Additional Legal Services
by Rutan + Tucker b. Not to Exceed $230,000 for Additional Appraisal and
Cost of Service Analysis by Raftelis c. Not to Exceed $50,000 for Additional Real Estate
Appraisal Services by Chris Carneghi MAI d. Not to Exceed $28,000 for Survey Services by Psomas Recommended Action: The Board will consider authorization of expenditure of funds for
Rutan + Tucker (not to exceed $120,000), Raftelis
(not to exceed $230,000), Chris Carneghi (not to
exceed $50,000) and Psomas (not to exceed $28,000)
Related to the Acquisition of the Monterey Water System. (Measure J). |
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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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12. |
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13. |
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14. |
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15. |
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16. |
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17. |
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18. |
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19. |
Monthly Water Supply and California American Water
Production Report |
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ADJOURNMENT |
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Board Meeting Schedule |
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Monday,
October 18, 2021 Thursday,
October 28, 2021 Monday,
November 15, 2021 |
Regular
Meeting Special
Meeting Regular
Meeting |
6:00
pm 6:00
pm 6:00
pm |
Virtual
- Zoom Virtual
– Zoom Virtual
-- Zoom |
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Board Meeting
Television and On-Line Broadcast Schedule View Live Webcast at https://accessmediaproductions.org/ scroll to the bottom of the page and select the Peninsula Channel |
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Television
Broadcast |
Viewing Area |
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Comcast
Ch. 25 (Monterey Channel), Mondays view live
broadcast on meeting dates, and replays on Mondays, 7 pm through midnight |
City of Monterey |
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Comcast
Ch. 28, Mondays, replays only 7 pm |
Throughout the Monterey County Government Television viewing
area. |
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For Xfinity subscribers, go to https://www.xfinity.com/support/local-channel-lineup/ or https://www.xfinity.com/stream/listings - enter your
address for the listings and channels specific to your city. |
Pacific
Grove, Pebble Beach, Sand City, Seaside, Monterey |
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Internet
Broadcast |
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Replays
– Mondays, 4 pm to midnight at https://accessmediaproductions.org/ scroll to Peninsula Channel |
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Replays
– Mondays, 7 pm and Saturdays, 9 am www.mgtvonline.com |
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YouTube
– available five 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, September 17, 2021 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 |
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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://us06web.zoom.us/j/86240381224?pwd=TGJTVUI5U1gvQzd0dW9uZXpwVXZvZz09 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”. •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
September 20, 2021. 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\2021\20210920\Sept-20-2021-Board-Mtg-Agenda.docx