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.

Preliminary Draft Agenda

Special and Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

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

Monday, December 12, 2022 at 4:30 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://mpwmd-net.zoom.us/j/81583710402?pwd=OXJtRG5aL2pETkRsbTg4TWhiejM4dz09

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

Webinar ID: 815 8371 0402

Passcode: 12122022

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, December 9, 2022

CLOSED SESSION AT 4:30 P.M.

CALL TO ORDER / ROLL CALL

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.

Board of Directors

Karen Paull, Chair – Division 4

Mary L. Adams, Vice Chair – Monterey County

Board of Supervisors Representative

Alvin Edwards – Division 1

George Riley – Division 2

Marc Eisenhart – Division 3

Amy Anderson – Division 5

Vacant – Mayoral Representative

General Manager

David J. Stoldt

This agenda was posted at the District office at 5 Harris Court, Bldg. G, Monterey, California on Friday, December 9, 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, January 26, 2023.

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.

Public Employee Performance Evaluation, (Pursuant to CA Gov Code Sec. 54957 of the Government Code) - Title: General Manager

CS 2.

Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to § 54956.9(b): (One potential case)

CS 3.

Conference with Legal Counsel – Existing Litigation (§ 54956.9) Litigation (§ 54956.9) (California American Application to CPUC for Authority to Execute the Water Purchase Agreement re: Pure Water Monterey Expansion. CPUC Case No.: A.21-11-024

CS 4.

Conference with Legal Counsel – Existing Litigation (§ 54956.9) (Monterey Peninsula Water Management District v. Local Agency Formation Commission of Monterey County; Monterey County Superior Court, Case No. 22CV000925

CS 5.

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

CS 6.

Conference with Legal Counsel – Existing Litigation (§ 54956.9) (Monterey Peninsula Taxpayers Assoc. v. Monterey Peninsula Water Management District – Case No. 22CV002113

CONVENE TO CLOSED SESSION

Any Closed Session Items not completed may be continued to after the end of all open session items.

RECONVENE TO REGULAR SESSION | 6:00 P.M.

CALL TO ORDER / ROLL CALL

PLEDGE OF ALLEGIANCE

SWEARING IN CEREMONY / ADMINISTER OATH OF OFFICE TO:

ALVIN EDWARDS, DIRECTOR DIVISION 1

GEORGE T. RILEY, DIRECTOR DIVISON 2

MARC A. EISENHART, DIRECTOR 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 and Regular Board Meeting on Monday, November 14, 2022 and the Special Board Meeting on Monday, November 28, 2022

2. Consider Adopting Draft Resolution No. 2022-34 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)

3. Consider Adoption of Treasurer’s Report for August 2022

4. Consider Adoption of Treasurer’s Report for September 2022

5. Authorize Expenditure of Funds for Board Room Audio/Visual System Upgrade

6. Receive Pension Reporting Standards Government Accounting Standards Board Statement No. 68 Accounting Valuation Report

7. Receive Government Accounting Standards (GASB) Statement No. 75 Accounting and Financial Reporting for Post-Employment Benefits Other Than Pension

8. Receive and File First Quarter Financial Activity Report for Fiscal Year 2022-23

9. Consider Approval of First Quarter Fiscal Year 2022-23 Investment Report

10. Consider Approval of Expenditures for Storage Area Network (SAN) Information Technology Equipment

GENERAL MANAGER’S REPORT

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

12. Report on Legislative Outreach for Calendar Year 2022

REPORT FROM DISTRICT COUNSEL

13. Reportable Action from Closed Session on Monday, November 28, 2022 and Monday, December 12, 2022 at 5:00 p.m.

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

14.

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.

15.

Consider Adoption of January through March 2023 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 2023. 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 ITEMS – Public Comment will be received. Please limit your comments to three (3) minutes per item.

Review and Consider Adopting the Board Meeting Schedule for Calendar Year 2023

Recommended Action: The Board will review and consider adopting the board meeting schedule for Calendar Year 2023.

17.

Conduct Election of Board Officers for 2023

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.

18.

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

19.

Status Report on Measure J / Rule 19.8 Phase II Spending

20.

Letters Received

21.

Committee Reports

22.

Monthly Allocation Report

23.

Water Conservation Program Report

24.

Carmel River Fishery Report for November 2022

25.

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]

26.

Legislative Advocacy Committee’s State and Federal Bill Tracking

ADJOURNMENT

Board Meeting Schedule

Thursday, January 26, 2023

Thursday, February 23, 2023

Regular Meeting

6:00 p.m.

Virtual – Zoom

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

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 9, 2022 to: (1) Joel G. Pablo by e-mail at joel@mpwmd.net, or at (831) 658-5652; and (2) Sara Reyes by e-mail at sara@mpwmd.net or 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://mpwmd-net.zoom.us/j/81583710402?pwd=OXJtRG5aL2pETkRsbTg4TWhiejM4dz09 or copy / 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.

+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 Monday, December 12, 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\Board_Committees\FAC prev Admin\2022\20221205\13\Item-13.docx