Regular Meeting

Board of Directors

Monterey Peninsula Water Management District

October 21, 2002


The meeting was called to order at 7:00 PM in the Seaside City Council Chambers.


Board members present:

Kris Lindstrom, Chair – Division 4

Alvin Edwards – Division 1

Judi Lehman – Division 2

Molly Erickson – Division 3

David Pendergrass – Mayoral Representative

David Potter – Monterey County Board of Supervisors


Directors absent:

Alexander “Zan” Henson, Vice Chair – Division 5


District staff present:

Ernesto A. Avila – General Manager

Rick Dickhaut – Chief Financial Officer

Henrietta Stern – Project Manager

Joseph Oliver – Water Resources Manager

Cynthia Schmidlin – Human Resources Specialist

Rob Cline – Conservation Representative I

Arlene Tavani – Executive Assistant


District Counsel present:  David C. Laredo


The assembly recited the Pledge of Allegiance.


The following statements were directed to the Board during Oral Communications.   (1) Nancy Isakson, President of Monterey Peninsula Citizens for a Water Solution, spoke on item 2, Consider Authorization of Additional Funds for Distribution and Mailing of District Newsletter.   According to Ms. Isakson, an attorney has determined that publication of the District’s newsletter would be an illegal use of public funds abecause the newsletter qualifies as campaign literature.  She reminded the Directors that anyone who votes in favor of funding another issue of the newsletter could be held individually responsible under the law.   She urged the Board to vote against the use of public funds to produce another issue of the newsletter.  (2) David Dilworth requested that all interagency meetings that District staff participate in be open to the public.   He also inquired about a report that Cal-Am offices were stocked with bottled water for use by employees. (3) John Fischer asked if the District had any concerns about a letter dated September 10, 2002  that was addressed to Ed Anton of the State Water Resources Control Board  and written by Robert Floerke of the California Department of Fish and Game.  (4) Steven Leonard, General Manager of the California-American Water Company Monterey Division, stated that Cal-Am does not provide bottled water to its employees.  However, Cal-Am does purchase truckloads of bottled water for delivery to customers when water distribution facilities are down, or a boil water order is in effect.


A motion was offered by Director Pendergrass and seconded by Director Edwards to pull Consent Calendar item No. 2 for separate consideration, and to approve the remainder of the Consent Calendar.  The motion was approved on a vote of 6 – 0.  Director Henson was absent.


The minutes were approved on a vote of 5 – 0.   Directors Edwards, Erickson, Lehman, Lindstrom, and Pendergrass voted in favor of approval.   Director Potter abstained from voting on the item because he was not present at the September 16, 2002 meeting.   Director Henson was absent.


Director Edwards offered a motion that was seconded by Director Erickson to approve the expenditure of $39,600 for printing and distribution of three issues of a District newsletter.  The motion was adopted on a vote of 4 to 1.   Directors Lehman, Lindstrom, Erickson and Edwards voted in favor of the motion.  Director Pendergrass cast a vote in opposition to the motion.  Director Potter abstained from voting on the motion because he was absent from the September 16, 2002 meeting when preliminary action was taken on this issue.   Director Henson was absent.










A presentation was given by Margaret Shirrel, Chair of the Monterey Regional Water Pollution Control Agency (MRWPCA) and Tom Moore, President of the Board of Directors of the Marina Coast Water District (MCWD).   A copy of the presentation is on file at the District office.   The presenters made the following statements during the question and answer period.  The MCWD has not completed any in-depth studies on the potential impacts of injecting potable water into the ground water system.   The MRWPCA has researched the possibility of injecting tertiary treated water into an aquifer that is already seawater intruded.   This would avoid the high cost of treating water beyond the tertiary level.   In Southern California, tertiary treated water is injected into the aquifer as a barrier against the advancement of seawater intrusion.


The following comments were directed to the Board during the public comment period on this item.   (1) David Dilworth suggested that the District transmit a letter to the Monterey County Board of Supervisors proposing establishment of a requirement for the installation of dual plumbing systems.   Grey water could be required for toilets and urinals, and the irrigation of landscaping in residential and municipal projects.  Mr. Dilworth also requested that the District’s water supply project EIR analyze the cumulative effects of all water supply projects as an alternative to development of one large project   (2) Lou Haddad proposed that one way to increase production of reclaimed wastewater would be to require that the sewer system be extended into Carmel Valley.   The resultant wastewater could be utilized in a long-term wastewater reclamation project.   (3) Mark Beique, a resident of the City of Monterey, urged the District to seek state and federal funding for water supply projects, just as the MCWA and MRWPCA have done.   He stated that all water supply proposals require project-level analysis.


General Manager Avila advised that the revised first reading version of Ordinance No. 105, Revising the Definition and Regulation of Water Distribution Systems, will be presented at the November 18, 2002 Board meeting.    He noted that a detailed report on the fiscal impacts of the proposed ordinance would be included in the staff report on Ordinance No. 105.  Mr. Avila introduced Rob Cline, who recently joined the District’s Water Demand Division as a Conservation Representative. 


District Counsel Laredo reported that a conference with labor negotiators was conducted at the September 16, 2002 Closed Session.   In addition, District Counsel reviewed the matters related to existing litigation that were listed on the Closed Session agenda.  Mr. Laredo stated that no action was taken by the Board at the Closed Session.



Director Pendergrass requested that District Counsel provide an opinion to the Board on the following issues.  (1) Did a violation of the Brown Act occur when four members of the Board of Directors signed the rebuttal to the argument in favor of Measure B that was published in the Voters Guide for the November 5, 2002 general election?  (2) Did a violation of the Brown Act occur when email was sent to members of the Public Outreach Committee?   Director Edwards recommended that Cal-Am inform its customers that the new water year has begun, and that conservation measures should continue in order to prevent water production from exceeding the monthly limits established in response to State Water Resources Control Board (SWRCB) Order 95-10.  Steve Leonard, General Manager of the California-American Water Company Monterey Division, advised the Board that a postcard was mailed recently to Cal-Am customers reminding them to continue water conservation measures.  Director Edwards asked District staff to clarify the status of water credit transfer applications that have not yet been processed.


A motion was offered by Director Edwards and seconded by Director Potter to approve the variance and adopt the Findings of Approval and conditions specified in the staff report.  Director Erickson offered an amendment to the motion.  She proposed the adoption of an additional condition of approval that would specify that the project be set-aside for the use of very-low-income seniors for the maximum time period of 80 years, in accordance with conditions required by the State of California and the City of Pacific Grove combined.  The amendment was accepted by Director Edwards.  The motion was approved on a vote of 5 – 0.  Directors Edwards, Erickson, Lehman, Pendergrass and Potter voted in favor of the motion.  Director Lindstrom abstained from casting a vote on the motion.  Director Henson was absent.


The following comments were directed to the Board during the public hearing on this item.  (1) Cynthia Iwanaga, representing South County Housing Corporation, stated that water use will be monitored on a monthly basis and reported to the District annually.   Since the Corporation pays all water bills for the project, water conservation is a priority for owners of the project.  Ms. Iwanaga stated that water use for each unit could be monitored without spending $85,000 to individually meter each unit.  She urged the Board to approve the variance request.  (2) David Dilworth stated that the project will require two acre-feet of water for landscaping, and that the City of Pacific Grove has four acre-feet of water to allocate to this project, but not the additional two acre-feet for landscaping.    He proposed that an Environmental Impact Report be prepared on the water impacts related to this project.  He suggested that the Board condition project approval on a requirement that the project be set aside for low-income residents in perpetuity. 


The Directors agreed to continue this item to the November 18, 2002 meeting of the Board.  District counsel was asked to provide clarification of the terms “condition” and “event” in relation to identification of an emergency exemption under CEQA.


David Dilworth addressed the Board during the public comment period on this item.  He requested that the authorization limit be reduced.    Mr. Dilworth stated that the California Supreme Court allows a CEQA exemption to deal with an emergency characterized as an “event,” but not for a “condition,” such as replacement of a well pump.   He suggested that the Board implement the same policy.  Mr. Dilworth also proposed that situations that arise at Sleepy Hollow Steelhead Rearing Facility be handled differently from other District projects, because the facility requires constant oversight for the protection of the endangered Carmel River steelhead.


A copy of the presentation given by Henrietta Stern is on file at the District office.  No action was required of the Board.  The Board requested that an update on this issue be provided in the General Manager’s weekly letter to the Directors.


The following comments were directed to the Board during the public comment period on this item.  (1) Robert Greenwood, representing the Carmel Valley Association, took issue with the assertion that a lead agency for preparation of an EIR on the Plan B proposal can only be chosen after Cal-Am decides if it will sponsor development of Plan B.  He asked if it was possible for Cal-Am to make that decision without a completed EIR on the Plan B proposal.   He also asked why the Public Utilities Commission (PUC) could withhold information related to the Plan B proposal, considering that tax revenues funded the Plan B report.  (2) Peggy Sherril, a resident of Moss Landing, Commissioner on the Moss Landing Harbor District Board of Directors, and a member of the Moss Landing Chamber of Commerce.  She advised the Board that prior to the October 7, 2002 Town Hall meeting conducted in Moss Landing, neither the Harbor District, the Chamber of Commerce, nor some environmental groups responsible for discharge into Monterey Bay had been invited to participate in any of the public meetings held regarding the proposed seawater desalination project.  (3) David Dilworth again urged that all meetings, such as the October 7, 2002 meeting in Moss Landing, be open to the public.  He stated that the PUC should provide to the District any documents requested in compliance with the Public Records Act.    He urged the District to increase efforts to obtain information from the PUC.


A copy of the presentation given by General Manager Avila is on file at the District office.  No action was required of the Board.


The following comments were directed to the Board during the public comment period on this item.  (1) Robert Greenwood urged the Board to require the Independent Reclaimed Water Users Group (IRWUG) to substantiate the claim that its members have suffered $1.9 million in damages as a result of deficiencies in performance of the wastewater reclamation project.  (2) David Dilworth inquired about the details of an October 28, 2002 meeting planed between District staff and members of the IRWUG.  He noted that members of the local news media might like to attend.   Mr. Dilworth asked who was responsible for the contract requirement that allowed the District to attend Reclamation Management Committee meetings, but forbade the District from participating in the decision making process.


There was no discussion of the Informational Items/Staff Reports.
































The meeting was adjourned to Closed Session at 8:55 PM.































































The meeting was adjourned at approximately 9:45 PM.





























































1.             Consider Approval of Minutes from the Regular Board Meeting of September 16, 2002



2.             Consider Authorization of Additional Funds for Distribution and Mailing of District Newsletters






3.             Adopt Board Meeting Schedule for Calendar Year 2003


4.             Consider Adoption of Treasurer’s Report for July and August 2002



5.             Presentation by Monterey Regional Water Pollution Control Agency and Marina Coast Water District on Future Availability of Recycled Water for Urban Uses







































6.          Report on Closed Session of September 16, 2002, 10:15 PM Session






7.          Board Comments and Referrals


















8.                Consider Request for Variance from Separate Metering Requirement (District Rule 23-A) for 650 Jewel Avenue, Pacific Grove – South County Housing Corporation


























9.                Consider Authorization of an Increase in the General Manager’s Authority to Approve Expenditures for Emergencies













10.        Receive Report on September 26, 2002 Meeting with the California Public Utilities Commission



























11.        Receive Report on Progress Regarding the Pebble Beach Company Proposal for Financing an Expansion to the CAWD/PBCSD Wastewater Reclamation Project













12.            Letters Received   

13.        Committee Reports

14.            Strategic Planning Initiatives Progress Report


15.            Quarterly Water Supply Project Progress Report

16.            Quarterly Public Information Program Report

17.            Carmel River Fishery Report

18.            Quarterly Irrigation Program and Riparian Projects Report

19.            Quarterly Carmel River Erosion Protection and Restoration Report

20.            Water Conservation Program Report

21.            Water Use Credit Transfer Status Report

22.            Monthly Allocation Report

23.            Monthly Cal-Am Sales Report

24.            Monthly Cal-Am Production Report

25.            Production Report – CAWD/PBCSD Wastewater Reclamation Project

26.            Monthly Water Supply Status Report



27.        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)


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

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

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

B.        Agency Designated             Representative:              Ernesto A. Avila

                          Unrepresented             Employees:              Confidential Staff Unit

29.          Conference with Legal Counsel – Existing Litigation (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

B.        Monterey Peninsula Water Management District Petition Requesting Changes to SWRCB Water Rights Permit Nos. 7130B and 20808 – Monterey Peninsula Water Management District

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

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









                                                                                                                                Ernesto A. Avila, Secretary to the Board