Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

August 29, 2002



The meeting was called to order at 7:10 PM.


Board members present:

Kris Lindstrom, Chair – Division 4

Alexander “Zan” Henson, Vice Chair – Division 5

Alvin Edwards – Division 1

Judi Lehman – Division 2

Molly Erickson – Division 3

David Pendergrass – Mayoral Representative


Directors absent:  None


District staff present:

Ernesto A. Avila – General Manager

Rick Dickhaut – Chief Financial Officer

Henrietta Stern – Project Manager

Joseph Oliver – Water Resources Manager

Darby Fuerst – Senior Hydrologist

Cynthia Schmidlin – Human Resources Specialist

Arlene Tavani – Executive Assistant


District Counsel present:  David C. Laredo


The assembly recited the Pledge of Allegiance.


The following comments were directed to the Board during Oral Communications.  (1) David Dilworth, representing Helping Our Peninsula’s Environment (HOPE).  Mr. Dilworth chastised the District for issuing 111 water permits in the month of July even though the National Marine Fisheries Service has stated that excess water diversions from the Carmel River are adversely affecting the aquatic resources of the river.  Mr. Dilworth stated that the Board has not adhered to its mission to protect the water resources and environment within the District. He will urge the State Water Resources Control Board and the National Marine Fisheries Service to take immediate action on this issue.  (2) Fran Farina, representing Save Our Carmel River (SOCR), advised the Board that the Carmel River has receded to a point upstream of Schulte Bridge.  She urged District staff to monitor conditions in the riparian corridor and irrigate as needed.  (3) John Fischer, a resident of Pacific Grove, alleged that the Board of Directors violated the Brown Act at the July 31, 2002 meeting.  He noted that the Monterey County District Attorney is investigating the claim.  (4) Robert Greenwood, representing the Carmel Valley Association, asked if  any portion of the consultant fees mentioned in the staff note on item 11 include fees to EDAW that the Public Utilities Commission might charge to the District. 


On a motion by Director Potter and second by Director Henson, the Consent Calendar items were approved on a vote of 7 – 0.  

























Mr. Rick Dickhaut, the District’s Chief Financial Officer, reported that District expenditures between July 1, 1978 and June 30, 2001 totaled $50,700,000, which does not include funds spent on behalf of the CAWD/PBCSD Wastewater Reclamation Project.  The total does include $50 million received from certificates of participation issued to build reclamation project facilities and funds submitted for the sale of reclaimed water and remitted back to the project. 


Joe Oliver, the District’s Water Resources Manager, reported that District staff and Cal-Am representatives have met on several occasions to discuss the situation.   The error occurred when Cal-Am’s remote data acquisition system recorded production from two wells in thousands of gallons instead of cubic-feet.  The equipment has been repaired and the District’s records have been adjusted. 


District Counsel Laredo reported that at the July 15, 2002 Closed Session a variety of matters were reviewed.  The Board received status reports on the City of Seaside et. al. v MPWMD; Currier et. al. v MPWMD; and CPUC proceedings with respect to a rate case filed by Cal-Am.  The Board also met with labor negotiators and reviewed the General Manager’s performance.  No action was taken on any of those items.    At the July 31, 2002 Closed Session, the Board conferred with labor negotiators.  No action was taken.



In response to a request from Director Edwards, the General Manager gave an update on the following projects.  (1) Sleepy Hollow Steelhead Rearing Facility – The pumps at the facility have been replaced.  District staff is obtaining cost estimates for further improvements that will allow the pumps to operate in the event of a future sediment discharge from San Clemente reservoir.  (2) Community Water Use – Cal-Am water production remains within monthly limits.  (3) Seaside Injection Well – A new down-hole flow control valve was installed, and a problem with failed bearings was also corrected.   Preliminary testing shows that water withdrawn from the well is water that was injected by the District into the system. Additional testing is planned.   The District will submit an application to the State Water Resources Control Board (SWRCB) for a temporary urgency permit to allow operation of the Injection/Recovery Project for another season.  Director Potter expressed concern over the deterioration of a portion of Carmel Valley Road due to leaks in the Cal-Am system.  He requested that the Board of Directors go on record as advising Cal-Am of its concern that the leaking water line provides poor water service and jeopardizes public safety.  Director Lindstrom asked the Directors to think about the role of the Carmel River Advisory Committee and a process that could be utilized to obtain advise from the committee on Carmel River issues.


Director Lindstrom offered a motion to approve Option 2 and  add a new task No. 2-0 to establish a recovery and sustainable management plan for the Carmel River that would define, based on the District’s expertise, the flows necessary under different conditions that are needed to sustain the Carmel River.  Director Henson seconded the motion.   The motion was approved on a vote of 4 to 3.   Directors Lindstrom, Erickson, Henson and Lehman voted in favor of the motion.  Directors Edwards, Pendergrass and Potter voted against the motion.   Director Lindstrom explained that this motion would allow Phase I funds to be spent on moving ahead with Option 2 and the new task No. 2-0.  District staff may need to request additional funds from the Board for completion of the new task No. 2-0.  


The following comments were directed to the Board during the public comment period on this item.  (1) Edwin Lee, representing Water for Us, urged the Board to allow the public to vote on the most cost effective way to solve the water problem.  He noted that the Board’s deadline for completion of the Water Supply Project EIR is based on the November 2002 election date.  Mr. Lee stated that if the completion date were delayed a few months, a fair evaluation of all project alternatives could be provided to the public.  (2) John Fischer asked inquired as to the status of the drought reserve component in the planning process.  (3) Diane Ingersoll, Director of Public Works for the City of Seaside, asked why it is important that the EIR be completed by October  2003.  She requested that the production level analyzed be sufficient to meet the needs of existing lots of record.  She advocated a project level analysis of both the Carmel River Dam and Plan B projects.  (4) Robert Greenwood, representing the Carmel Valley Association, read a letter dated August 29, 2002 that is on file at the District office.  He  asked several questions regarding the Scope of  Work.  (5) Judy McClelland, representing the City of Pacific Grove, reiterated support for Level 4 production as stated in a July 10, 2002 letter from the City.  She urged the Board to not stop short with an analysis of only one level, but to explore a full range of options in the EIR so that additional funds will not be spent on further studies after the EIR is complete.  (6) Fran Farina representing SOCR and Cal-Am Rate Payers, urged the District to organize a consultation of agencies involved with the water supply project planning and permitting project and to contact Congressman Farr if necessary in order to facilitate this meeting.  (7) Mark Beique, a resident of Monterey and Cal-Am customer, urged the Board to include all three optional tasks in the EIR.  (8) Lou Haddad, representing the Alliance of Citizens with Water Alternatives, stated that any expenditure for studies that includes development of a dam on the Carmel River is a waste of funds.  He suggested the Board adopt Option 2. He urged the Board to concentrate on the analysis of alternatives and to forget the dam. 


Director Potter offered a motion to receive the presentation and direct staff to respond to requests for information from the Board and public.  The motion was approved on a vote of 7 – 0.


The following comments were directed to the Board during the public comment period on this item.  (1) Fran Farina, resident of Carmel Valley, requested the following:  (a) that the final report summarize all three studies including the amount of money spent; (b) reproduce slide titled Annual Extractions 1989 to 2001 as an 8 ˝ x 11 color graphic; (c) provide more information on how the area to the west of the basin is affected; and (d) maps should show Highway 68, Pasadera and various water systems referenced in the report.  (2) Art Casper, part owner of a small water distribution system in Hidden Hills.  He requested that if the Board does consider limiting new hook-ups or permits in Hidden Hills, that property owners with existing homes not be subject to limitations in case they need to hook up to the Cal-Am system sometime in the future.  (3) Tex Irwin asked the consultant to quantify the percentage of accuracy in the modeling results.  Were they always 50% or 100% accurate?  Gus Yates responded that he had confidence in the results because 12 years of well monitoring data was utilized in the modeling analysis which is more than sufficient to provide accurate results.   He noted that the water deficit was evident before the modeling was undertaken.   (4) Mark Beique, a resident of Monterey, asked if the future demand increases of 150 to 180 acre-feet of water per year in the Hidden Hills area will be factored into the potential yield of the District’s proposed water supply project.  (5) John Alexander stated that at a previous meeting the Board directed Cal-Am to institute a project to evaluate water use at lots in the Hidden Hills area that used a large quantity of water and implement a conservation program.  Mr. Alexander asked for a status report on that program.  (6) Nilda Argondońa, property owner in the Hidden Hills area, asked if there is a prohibition on the issuance of water permits in the Hidden Hills area for projects that have planning permits but have not yet been constructed.   Henrietta Stern stated that at this time actual production in the Hidden Hills area is less than the established production limit, so water permits can be issued.  However, in the future the Board could choose to adopt an ordinance that would change the production limit and that could affect projects in progress. (7) Mark Tamagni, Vice President of the Bay Ridge Homeowners Association and owner of a home in that subdivision.  Mr. Tamagni referred to three wells that produced flat hydrographs which were illustrated in the report.  He asked if the hydrographs indicated that limiting pumping to those three wells would produce an abundance of water.  He also asked if the significant fluctuation of water levels in other wells indicate that pumping should occur in some areas of the aquifer and that no pumping should occur in other areas?  Gus Yates stated that the flat hydrographs do not indicate that there is an underutilized resource.  It could mean that those three wells are not connected with other wells in the basin and aren’t affected by pumping from wells nearby.   (8) John Stevenson, President of the Bay Ridge Homeowners Association, advised the Board that when Cal-Am purchased  the water distribution system that served the Bay Ridge subdivision, they purchased the well the provided a sufficient amount of water to serve the Bay Ridge subdivision.  He noted that  water conservation measures were implemented in the Bay Ridge subdivision as directed by the District.


In response to a question from the Board, Terry Ryan, former General Manager of the California-American Water Company, stated that water audits were conducted throughout the Hidden Hills area and a water conservation program implemented there.  John Stevenson, President of the Bay Ridge Homeowners Association explained that water use in Bay Ridge had been approximately one acre-foot per lot, but buildout estimates had been based on ˝ an acre-foot per lot.   Mark Tamagni, Vice President of the Bay Ridge Homeowners Association confirmed that Cal-Am did conduct water audits.  Director Edwards requested that General Manager Avila provide a progress report on Cal-Am’s conservation program in the Hidden Hills area at the September 16, 2002 Board meeting.   Director Henson asked how many lots in the Hidden Hills, Ryan Ranch and Pasadera area are not served by Cal-Am.


There was no discussion of Informational Items/Staff Reports.






















The meeting was adjourned to Closed Session at 9:55 PM.


















































The Closed Session was adjourned at approximately 11:00 PM.



























































1.      Consider Approval of Minutes from the Regular Board Meeting of July 15, 2002; and the Special Board Meeting of July 31, 2002


2.      Consider Extension of United States Geological Survey Cooperative Agreement for Water Year 2003


3.      Receive Semi-Annual Groundwater Quality Monitoring Report


4.      Ratification of Appointment to the Carmel River Advisory Committee


5.      Consider Adoption of Resolution of Appreciation for Craig Vetter


6.      Consider Adoption of Resolution of Appreciation for Michael Waxer




7.      Update on Estimate of District Revenues and Expenditures Since 1978









8.      Update on California-American Water Company Water Production Data Discrepancy








9.      Report on Closed Sessions of July 15 and July 31, 2002












10.    Board Comments and Referrals






























11.    Consider Authorization for Execution of Contract Amendment with Jones & Stokes Associates:  Phase 2 Scope of Work and Cost Estimate for Long-Term Water Supply Project EIR


























































12.    Receive Presentation on Key Findings of Phase III Laguna Seca Subarea Hydrogeologic Update





























































































13.    Letters Received

14.    Committee Reports

15.    Strategic Planning Initiatives Progress Report

16.    Monthly Water Supply Project Report

17.    Carmel River Fishery Report

18.    Water Conservation Program Report




19.    Water Use Credit Transfer Status Report

20.    Monthly Allocation Report

21.    Monthly Cal-Am Sales Report

22.    Monthly Cal-Am Production Report

23.    Production Report – CAWD/PBCSD Wastewater Reclamation Project

24.    Monthly Water Supply Status Report



25.    Conference with Legal Counsel (Gov. Code Section 54956.9)

          A.  California-American Water       Company Application No. 02-04-      022 to the Public Utilities       Commission for Authority to       Increase Rates for Service for       2003, 2004 and 2005


26.    Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9)

          A.  Mary Currier, Chris Currier and       Roy and Jeanelle Kaminske v       MPWMD, Case No. M59299,       Monterey County Superior Court

          B.   Cities of Seaside, Carmel, Del       Rey Oaks, Monterey, Pacific       Grove and Sand City v MPWMD,       Case No. M59441, Monterey       County Superior Court


27.    Conference with Labor Negotiators (Gov. Code Section 54957)

          A.  Agency Designated       Representative:  Ernesto A. Avila

                Unrepresented Employees:        Confidential Staff Unit

          B.   Agency Designated       Representatives:  Ernesto A.       Avila, Rick Dickhaut, Cynthia       Schmidlin

                Employee Organization:        Laborers’ International Union of       North America, AFL-CIO,       (LIUNA/UPEC) Local 270




28.    Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation Exists Pursuant to Subdivision (b) (3) (D) of Gov. Code Section 54956.9 (One Case)


29.    Public Employee Performance Evaluation (Gov. Code Section 54957)

          A.  General Manager








                                                                                                                Ernesto A. Avila, Secretary to the Board