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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,
May 16, 2022 at 5:00 p.m., Virtual Meeting As a precaution
to protect public health and safety, and pursuant to provisions of AB 361
(Rivas), this meeting will be conducted via Zoom Video/Teleconference only. Join the meeting at this link: https://us06web.zoom.us/j/87495529718?pwd=VUFIc0tHeFVMOGdTZjNnYm1MakIwQT09 Or join at: https://zoom.us/ Webinar ID: 874
9552 9718 Passcode: 05162022 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 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 Friday, May 13, 2022
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CLOSED
SESSION AT 5:00 P.M. |
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CALL
TO ORDER / ROLL CALL |
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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.. |
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Board of DirectorsKaren
Paull, Chair – Division 4
Mary
L. Adams, Vice Chair – Monterey County
Board
of Supervisors Representative
Alvin
Edwards – Division 1
George
Riley – Division 2
Safwat
Malek – Division 3
Amy
Anderson – Division 5
Clyde
Roberson – Mayoral Representative
General ManagerDavid J. Stoldt |
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This agenda was posted at the District office at 5 Harris Court, Bldg. G, Monterey,
California on Thursday, May 12, 2022. 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 meeting of the MPWMD Board of Directors will be on Thursday, May 26,
2022 (Budget Workshop) and Monday, June 20, 2022. |
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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 Bord 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 – As permitted by Government Code §54956.9 – the board will review
one case of pending litigation: (a)
MPWMD, Plaintiff v. LAFCO of
Monterey County, et al., Defendants; Monterey County Superior Court
Case No.: 22CV000925. |
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CS 2 |
Conference with Real
Property Negotiators - As permitted by Government Code §54956.7 to review
real property negotiations: (a)
The board will meet with its real
property negotiators, General Manager Stoldt and
General Counsel Laredo, to consider acquisition of private utility properties
owned by California American Water Company (and described in Measure J of
2018); the conference will address both price and terms of payment. |
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CS 3 |
Conference with Legal
Counsel – Existing Litigation (Government Code §54956.9): (a)
Cal-Am Application to Obtain Approval of the
Amended and Restated Water Purchase Agreement for the Pure Water Monterey
Groundwater Replenishment Project. California Public Utilities Commission:
Case No.: A. 21-11-024 |
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CS 4 |
Conference with Legal
Counsel – Anticipated Litigation Significant exposure to litigation pursuant
to Government Code §54956.9(b): Two (2) potential cases involving: (a)
Mercer- Fraser Co. & MPWMD, et al. (b)
Threatened breach of contact relating to
the Storage and Recovery Agreement and the Water Purchase Agreement between
Cal-Am and MPMWD. |
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CONVENE TO CLOSED SESSION |
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RECONVENE
TO OPEN SESSION | 6:00 P.M. |
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CALL
TO ORDER / ROLL CALL |
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PLEDGE
OF ALLEGIANCE |
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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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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 April 18, 2022 Regular Board Meeting
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2.
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Consider Adopting Draft Resolution No. 2022-12
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)
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3.
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4.
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Receive and
File Third Quarter Financial Activity Report for Fiscal Year 2021-2022 |
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5.
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Consider
Approval of Third Quarter Fiscal Year 2021-2022 Investment Report |
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6.
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7.
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Consider
Expenditure of Budgeted Funds for Water Conservation Equipment |
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8.
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9.
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Consider
Approval of Expenditure for Purchase of Ford F150 4X4 Truck |
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GENERAL MANAGER’S REPORT
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10.
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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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11.
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Update on Development of Water
Supply Projects
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12.
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Discussion on SB 1157 Hertzberg
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13.
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Drought Messaging and Funding
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REPORT FROM DISTRICT COUNSEL
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DIRECTORS’ REPORTS (INCLUDING AB
1234 REPORTS ON TRIPS, CONFERENCE ATTENDANCE AND MEETINGS)
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14. |
Oral Reports on Activities of County, Cities, Other
Agencies/Committees/Associations |
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PUBLIC HEARING
-- – Public Comment will be received. Please limit your
comments to three (3) minutes per item. |
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15. |
Recommended
Action: The Board will receive a report on the available water supply and
determine whether water-rationing triggers have been met and consider
adoption of Resolution 2022-13. |
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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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16. |
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17. |
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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. |
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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Thursday,
May 26, 2022 Monday,
June 20, 2022 Monday,
July 18, 2022 |
Special-
Budget Workshop Regular-
Budget Adoption Regular
Meeting |
6:00
p.m. 6:00
p.m. 6:00
p.m. |
Virtual
– Zoom Virtual
– Zoom Virtual
– Zoom
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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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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, May 13, 2022 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/87495529718?pwd=VUFIc0tHeFVMOGdTZjNnYm1MakIwQT09 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”. 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.
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 Monday,
May 16, 2022. 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\2022\20220516\May-16-2022-Special-and-Regular-BoD-Mtg-Agenda.docx