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, March 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/83169138394?pwd=gmwxbChdnLAUY9v7kg6vtSXdPawYdP.1 

 

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

Webinar ID: 831 6913 8394

Passcode: 031824

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, March 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, March 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.

 

 

 

CLOSED SESSIONAs 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 Labor Negotiators (Gov Code §54957.8)

 

 

Agency Designated Representatives: David Stoldt

 

 

Employee Organization: General Staff and Management Bargaining Units Represented by United Public Employees of California/LIUNA, Local 792

 

 

Unrepresented Employees: Confidential Unit

 

 

 

 

CS 2.

Conference with Legal Counsel – Existing Litigation (§54956.9(d)(1)), MPWMD v. LAFCO – Case No. 22 CV 000925

 

 

 

 

CS 3.

Conference with Legal Counsel – Existing Litigation (§54956.9(d)(1)), MPWMD v. Cal-Am – Case No. 23 CV 004102

 

 

 

 

CS 4.

Conference with Legal Counsel – Existing Litigation (§54956.9(d)(1)) (Monterey Peninsula Taxpayers Assoc. v. Monterey Peninsula Water Management District) – Case No. 21CV003066

 

 

 

 

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

 

 

 

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 and Regular Board Meeting on February 12, 2024

 

2.

Declaration of Surplus Items

 

3.

Consider Adoption of Treasurer’s Report for January 2024

 

 

 

 

GENERAL MANAGER’S REPORT

 

 

 

4.

Status Report on California American Water Compliance with State Water Resources Control Board Order 2016-0016 and Seaside Groundwater Basin Adjudication Decision (Verbal Report)

 

 

 

 

5.

Update on Water Supply Projects (Verbal Report)

 

 

 

 

REPORT FROM DISTRICT COUNSEL

 

 

 

6.

Report From District Counsel (Verbal Report)

 

 

 

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

 

 

 

7.

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

 

 

 

 

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

 

 

 

 

8.

Consider Adoption of the 2023 MPWMD Annual Report

 

 

 

 

 

Recommended Action:  The Board will conduct a public hearing and adopt the proposed 2023 MPWMD Annual Report with any changes or edits as recommended.  

 

 

 

 

9.

Consider Adoption of April through June 2024 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 April through June 2024.  The strategy sets monthly goals for surface and groundwater production from various sources within the California American Water systems.

 

 

 

 

 

CEQA Compliance:  Notice of Exemption, CEQA, Article 19, section 15301 (Class 1)}

 

 

 

 

 

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

 

 

 

 

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

 

 

 

 

10.

Consider Adoption of Mid-Year Fiscal Year 2023-2024 Budget Adjustment

 

 

 

 

 

Recommended Action: The Board will consider adoption of the proposed mid-year budget adjustment for FY2023 – 2024.

 

 

 

 

11.

Consider Adoption of Resolution 2024-03 Authorizing an Exception to the CalPERS 180-Day Wait Period for Hiring a Retiree

 

 

 

 

 

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.

 

 

 

 

12.

Consider Findings Pursuant to Public Contract Code Section 22050

 

 

 

 

 

Recommended Action:  The Board will consider the emergency with the two Aquifer Storage and Recovery (ASR) wells and provide guidance to staff to seek immediate assistance to restore full ASR well capacity before the next injection season.

 

 

 

 

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.

 

 

 

13.

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

 

14.

Status Report on Measure J / Rule 19.8

 

15.

Letters Received and Sent

Supplemental Letter Packet

 

16.

Committee Reports

 

17.

Monthly Allocation Report

 

18.

Water Conservation Program Report

 

19.

Carmel River Fishery Report for February 2024

 

20.

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, April 15, 2024

Regular

6:00 p.m.

 

Monday, May 20, 2024

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. 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/83169138394?pwd=gmwxbChdnLAUY9v7kg6vtSXdPawYdP.1

 

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

Webinar ID: 831 6913 8394

Passcode: 031824

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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