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.

 

 

 

 

AGENDA

Special and Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

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

Monday, December 13, 2021 at 4:30 PM, Virtual Meeting

 

As a precaution to protect public health and safety, and pursuant to provisions of AB 361, this meeting will be conducted via Zoom Video/Teleconference only.

 

Join the meeting at this link: https://us06web.zoom.us/j/89471430642?pwd=RjZwemRlME5SMkdVNTJzYnFpengxUT09

 

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

Webinar ID: 894 7143 0642

Passcode: 12132021

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, December 10, 2021

 

 

 

 

 

CLOSED SESSION AGENDA | 4:30 PM

 

CALL TO ORDER / ROLL CALL

 

 

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.

 

 

 

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

 

 

 

 

This agenda was posted at the District office at 5 Harris Court, Bldg. G Monterey, California on Thursday, December 9, 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 Thursday, January 27, 2022.

 

 

 

 

PUBLIC COMMENT ON THE CLOSED SESSION AGENDA

 

 

 

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.

 

 

 

CS 1

Public Employee Performance Evaluation (CA Gov Code Sec. 54957) - General Manager

 

CS 2

Conference with Legal Counsel – the board will confer with District Counsel to review pending or anticipated litigation pursuant as follows: 

 

a. Conference with Legal Counsel – the board will review Existing Litigation (§ 54956.9) MPWMD v. Cal-Am – CPUC Case No. 21-05-005

 

b. Conference with Legal Counsel – the board will review Existing Litigation (§ 54956.9) – CPUC Case No. A.21-11-024

 

c. Conference with Legal Counsel – the board will review Existing Litigation (§ 54956.9) – CPUC Case No. A.19-07-004

 

d. Conference with Legal Counsel – the board will review Significant Exposure to Threatened or Potential Litigation (§ 54956.9). MPWMD v. LAFCO of Monterey County – Case No. Not Yet Assigned

 

e. Conference with Legal Counsel - the board will review two matters of potential/anticipated litigation. Government Code §54956.9(c).

 

 

 

 

RECONVENE TO OPEN SESSION - REGULAR SESSION | 6:00 PM

 

 

 

CALL TO ORDER / ROLL CALL

 

 

 

PLEDGE OF ALLEGIANCE

 

 

 

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.

 

 

 

 

 

 

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 from the November 15, 2021 Regular Board Meeting

 

2.

Consider Adoption of Treasurer’s Report for October 2021

 

3.

Consider Adopting Draft Resolution No. 2021-19 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)

 

4.

Consider Adopting Draft Resolution No. 2021-16 Amending MPWMD Rule 141, Rebate Amounts

 

5.

Consider Allocating Funds to Purchase a Digital Current Meter for Surface Water Monitoring Program

 

 

 

 

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

 

7.

Update on Water Supply Projects

 

8.

Report on Legislative Outreach for Calendar Year 2021

 

 

 

REPORT FROM DISTRICT COUNSEL- Public Comment will be received on Item No. 10(a). Please limit your comments to three (3) minutes.

 

 

 

9.

a. California-American Water Company (Cal-Am), 2019 General Rate Case No. 19-07-004 filed with the California Public Utilities Commission

 

 

 

 

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

 

10.

Oral Reports on Activities of County, Cities, Other Agencies/Committees/Associations

 

 

 

 

PUBLIC HEARINGS – Public Comment will be received. Please limit your comments to three (3) minutes per item.

 

 

 

11.

Consider Second Reading and Adoption of Ordinance No. 189, an Ordinance of the Monterey Peninsula Water Management District Board of Directors Clarifying and Amending Rules Related to Definitions (Rule 11), Water Distribution Systems (Rule 21), Water Permits (Rules 23 And 24), Water Use Credits (Rule 25.5), and Rebates (Rule 141); Deleting Rule 91 (Short Term Variance); And Revising The Title Of Regulation XV

 

Recommended Action:  The Board will consider adoption of Ordinance No. 189. If adopted, the ordinance will become effective January 1, 2022.

 

 

 

 

12.

Consider Adoption of January through March 2022 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 January through March 2022. The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.

 

 

13.

Receive Fiscal Year 2020-21 Comprehensive Annual Financial Report

 

Recommended Action: The Board will review and consider acceptance of the Audit Report for Fiscal Year 2020-2021.

 

 

 

 

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

 

 

 

 

14.

Review and Consider Adopting the Board Meeting Schedule for Calendar Year 2022

 

Recommended Action: The Board will review and consider adopting the board meeting schedule for Calendar Year 2022.

 

 

15.

Review and Consider Adopting the MPWMD Advisory Redistricting Commission – Rules of Procedure

 

Recommended Action: The Board will consider reviewing and adopting the board meeting schedule for Calendar Year 2022.

 

 

 

 

16.

Conduct Election of Board Officers for 2022

 

Recommended Action: The Board will conduct an election for the positions of Board Chair, Vice Chair, Secretary and Treasurer.

 

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.

 

17.

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

 

18.

Status Report on Measure J/Rule 19.8 Phase II Spending

 

19.

Letters Received

Supplemental Packet

 

20.

Committee Reports

 

21.

Monthly Allocation Report

 

22.

Water Conservation Program Report

 

23.

Carmel River Fishery Report for November 2021

 

24.

Monthly Water Supply and California American Water Production Report

 

 

 

ADJOURNMENT

 

 

 

 

 

Board Meeting Schedule

 

Thursday, January 27, 2022

Thursday, February 24, 2022

Regular Meeting

Regular Meeting

6:00 pm

6:00 pm

Virtual - Zoom

Virtual – Zoom

 

 

 

 

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

 

Television Broadcast

Viewing Area

 

Comcast Ch. 25 (Monterey Channel), Mondays view live broadcast on meeting dates, and replays on Mondays, 7 pm through midnight

City of Monterey

 

Comcast Ch. 28, Mondays, replays only 7 pm

Throughout the Monterey County Government Television viewing area.

 

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

 

Internet Broadcast

 

Replays – Mondays, 4 pm to midnight at  https://accessmediaproductions.org/   scroll to Peninsula Channel

 

Replays – Mondays, 7 pm and Saturdays, 9 am www.mgtvonline.com

 

YouTube – available five days following meeting date - https://www.youtube.com/channel/UCg-2VgzLBmgV8AaSK67BBRg

 

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, December 13, 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

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/89471430642?pwd=RjZwemRlME5SMkdVNTJzYnFpengxUT09  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.

+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.

 

 

Presenting Public Comment

 

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. 

 

 

Submit Written Comments

 

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 December 13, 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\20211213\Dec-13-2021-Board-Mtg-Agenda.docx