M I N U TE S

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)

Regular Meeting
7:00 PM, Thursday, July 9, 2015
COUNCIL CHAMBER
580 PACIFIC STREET
MONTEREY, CALIFORNIA
Directors Present:

Edelen, Kampe, Pendergrass, Rubio, Burnett

Directors Absent:

Roberson

Staff Present:

Executive Director, Legal Counsel, Clerk

ROLL CALL
President Burnett called the meeting to order at 7:00 PM.
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
President Burnett invited comments from the Directors.
President Burnett reported that the California Public Utilities Commission (CPUC) announced
the comment period for the Draft Environmental Impact Report (DEIR) will be extended from
July 13 to September 30th, 2015 to address a potential conflict of interest and attempt to align
the document with the NEPA process. He then reported that the State Water Resources
Control Board announced their ruling on the petition on the Odello water which would bring in
85 acre foot of water into the Cal Am system and leave water in the Carmel River. This will
benefit the CDO extension request and has additional benefits to the Carmel River water shed
and the City of Carmel by the Sea.
President Burnett requested tabling Agenda Item 4, as the letter is no longer relevant for tonight
due to the extension. He also reported that the SWRCB had intended to provide comments on
the draft petition in advance of this meeting but were not received. The letter will not be sent
until comments are received and addressed.
Executive Director Cullem reported on the comment letter submitted by Janie Haines which
was forwarded to Andrew Barnsdale at the CPUC as a DEIR comment expressing concern
regarding the long term viability of the test well. He additionally reported on the Power
Purchase Agreement regarding renewable power that the cost of power is an issue due to the
capital investment. However preliminary engineering work has been done and a full report will
be brought back at a later date.
PUBLIC COMMENTS
President Burnett invited comments from the public.

Tom Rowley spoke representing Monterey Peninsula Tax Payers Association thanking
the Authority for commissioning the technical report about the DEIR and spoke in
support of the DEIR comment extension period. Finally, he clarified there are
organizations that continue to submit letters to the editor that say they represent tax
payers but they are not part of the MPTA, who has been advocating water issues for
years. The Authority has been effective in lobbying for water for the Peninsula and

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Thursday, July 9, 2015

encouraged them to keep up the good work.

George Riley expressed serious concern regarding the management of the process that
is resulting in the delay of the DEIR including the lack of coordination to ensure CEQA
and NEPA are on the same track. He expressed frustration that the conflict of interest
issue was brought up before and should have been addressed previously.

Dale Heikous thanked Royal Caulkins for his reporting on issues in Carmel and that he
thinks it was a service to the Citizens.

President Burnett responded to public comment agreeing with Mr. Riley that it should have
been a joint NEPA/CEQA document and spoke to previous efforts advocating for a joint
document.
CONSENT AGENDA
On a motion by Director Kampe, seconded by Director Pendergrass, and carried by the
following vote, the Monterey Peninsula Regional Water Authority approved the Consent Agenda
with the exception of Item 4. Director Rubio Abstained from the Minutes.
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:

5
0
1
1
0

DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:

Burnett, Edelen, Kampe, Pendergrass, Rubio

None
Roberson
Rubio, From Item 1
None

1.

Approve Minutes from June 23, 2015 Joint Special Meeting

Action: Approved

2.

Approve Minutes from August 14, 2014 Regular Meeting

Action: Approved

3.

Approve and File Checks Through June 30, 2015

Action: Approved

4.

Receive , Discuss, Provide Direction as Necessary on Final Comment Letter to the California
Public Utilities Commission (CPUC) on the Monterey Peninsula Water Supply Project Draft
Environmental Impact Report
Action: Tabled
AGENDA ITEMS

5.

Receive an Update on the Summary Project Schedule for the Monterey Peninsula Water Supply
Project (MPWSP) including Status of Slant Test Well Operations and Results

Monterey Peninsula Regional Water Authority

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Thursday, July 9, 2015

Ian Crooks from Cal Am began by reporting on the Dana Point test well and spoke to the
differences between the Dana Point and the current test well and detailed the lessons learned that
have been incorporated into this project. He listed the differences between the two projects to
include time constrains, money constraints as well as differences in technology. Mr. Crooks spoke
to a report written by the Principle Engineer for Dana Point addressing responses to the criticisms
of the well and addressing the issues. The new project design has benefitted from the report, to
which he agreed to send to the Directors. Mr. Crooks answered questions from the Directors.
Director Kampe questioned is how long before they begin to see the effects of sand in the pump
and if it occurs, how much time is needed to resolve the problem if it occurs to which Mr. Crooks
agreed to find out and report back.
Mr. Crooks gave a quick overview of the test well data statistics, then detailed the purpose and
the reasoning for discontinuing the test well pumping as required as part of the permit
agreement. He indicated that, as the permit is written, if any decline in the water level occurs,
pumping must cease. He spoke to data collected that proves the decline in water level was not
related to the test well pumping and that the Hydrogeological Working Group has submitted a
letter to the CPUC to request modification of the permit requirement. Draft language for the
permit modification will be submitted to the Coastal Commission for an August decision on the
amendment. The Directors discussed the data results and the permit requirements for the
drawdown to ensure there is a conservative approach to protect the environment in an unknown
situation.
President Burnett invited public comment on the item.

George Riley spoke to his continued concern regarding the lack of data. He indicted that
he did not think that the Dana Point project was time or financially constrained. If there was
a design change between the two projects, that's what the patent was about, regarding the
filtration of the sand particles, but they deny the use of the patent, and there are mixed
facts and it needs more clarification and research. The group has been concerned about
the feasibility question and it must be robust and short time frames are not acceptable for
good data.
Doug Wilhelm requested clarification regarding the agricultural farmers using the purple
pipe which should not have any effect on the water level.

Mr. Crooks spoke to Mr. Wilhelm's question and spoke to the trend line that regarding long term
pumping which proves there was a decline in the ground water. It is a basin decline, not related
to the well, it is general pumping which is causing the event. This is part of the seawater
intrusion issue. The report was received.
6.

Discuss Concerns of the City of Marina with Respect to the Monterey Peninsula Water Supply
Project (MPWSP) and the Pure Water Monterey/Ground Water Replenishment (GWR) Projects
and Provide Direction
Action: Tabled
This item was tabled.

7.

Receive Report, Discuss, Provide Staff Direction, and Authorize the Water Authority Executive
Director and/or President to Co-sign or Send Letter in Support of the Proposed Cease and
Desist Order Extension Request

Monterey Peninsula Regional Water Authority

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Thursday, July 9, 2015

Action: Discussed and Direction Provided

President Burnett reported that comments have not been received from the State Water
Resources Control Board staff to date and think there is not an appetite to make significant
changes, but they will have the final say. Executive Director Cullem outlined the key points that
are included in the CDO request.
Director Pendergrass expressed satisfaction that the community retains it's rights to litigate the
issue if necessary and he requested a copy of the letter be provide prior to the meeting the next
time this item is agendized.
President Burnett invited public comment on the item.

George Riley questioned the monitoring of Cal Am and monitoring of the 1,000 foot
level. What are some of the monitoring mechanisms and can that be taken up by the
TAC to ensure they are caught in time.
Tom Rowley indicated that this brings up who is going ot be the litigants, and all the City
Councils may want to be a player and that the Monterey County still is not represented
and this emphasizes the County should be represented as a member of the Authority.
Dale Ellis spoke on behalf of the Coalition of Peninsula Businesses indicating that they
support moving forward with this, and they are pleased to see the CPBs concerns being
addressed in the letter.

President Burnett requested the Authority to table sending the letter until comments are
received from the SWRCB staff. The Directors agreed.
Executive Director Cullem acknowledged that as soon as there is authorization to release the
draft, amended letter, it will be distributed to Directors with enough time to review, and it will be
posted on the website.
8.

Discuss, Provide Direction and Authorize Sending of Comment letter to the PCA / Water
Management District on the Pure Water Monterey/Ground Water Replenishment (GWR) Project
Action: Discussed
Executive Director Cullem reported that there have been comments received and concerns
expressed by other agencies and interested parties concerning a the availability of adequate
sources of intake water to meet the demands needed by the various water users as it relates to
the Groundwater Replenishment project. He reminded the Directors and the public that the
GWR project is critical to the decision on the sizing of the MPRWSP desal facility.
President Burnett clarified that he requested this item be added to the agenda to provide the
opportunity for the public to hear the answers to these concerns.
Paul Scuito, General Manager of the MRWPCA, spoke to his understanding of the concern of
source water and reliability for the GWR Project. The reliability focuses on three areas;
conservation of waste water flows to the plant, the viability of agricultural wash water and use of
some of the drainage areas. He explained the status of each of the three areas including the
volume and the trends of the flows now and projected into the future. He did confirm that many
of the estimates are conservative.

Monterey Peninsula Regional Water Authority

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Mr. Sciuto reiterated that the project is viable, as presented in the EIR. He spoke to the
progress made on the water purchase agreement, successful meetings with the County Water
Resources Control Board, that wash water agreements with the City of Salinas are being
finalized. Ongoing negotiations with MCWD are occurring, but meetings have been delayed due
to schedule conflicts.
Dave Stoldt, General Manager of the MPWMD agreed with Mr. Sciutos combination of water
sources and reported that the growers will continue find different sources and pull about the
same amount of water no matter where the source is and that technology will continue to
change processes. He indicated that the focus now is the Marina Coast Water Districts
concern regarding the monitization of stranded costs.
Director Rubio spoke to the positive tenor and in agreement with the progress that has been
made on behalf of all negotiating parties. President Burnett spoke to his efforts on the State
level to discuss the success of the project and the need for federal/state funding.
Mr. Scuito closed by saying that both boards will be approving the application for the SRF
funding and that approval of SRF funds put you in an eligibility position for grant funds.
President Burnett invited comments from the public.

Tom Rowley said it was encouraging that there is progress but disagreed with
certification of the EIR without solid agreements.

Mr. Stoldt responded that the certification of the EIR does not depend on the source water.
Director Pendergrass spoke to a prototype of water cleaning at the MRWPCA that will be
revealed in August and encouraged interested individuals to reach out and schedule a tour.
9.

Annual Appointment of Officers for Fiscal Year 2015-16

Action: Approved Appointments
Director Rubio made a motion to keep the same format of officers as elected last term.
President Burnett invited comments from the public and had no requests to speak. All members
agreed to keep their current positions.
On a motion by Director Rubio and seconded by Director Edelen, and carried by the following
vote, the Monterey Peninsula Regional Water Authority approved the following appointment of
officers for Fiscal Year 2015-16:
President: Mayor Jason Burnett
Vice President: Mayor Bill Kampe
Secretary: Mayor David Pendergrass
Treasurer: Mayor Jerry Edelen
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:

10.

5
0
1
0
0

DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:

Burnett, Edelen, Kampe, Pendergrass, Rubio

None
Roberson
Rubio, From Item 1
None

Water Authority board members authorize the president to represent the city's interest at the
governance committee for the pipeline RFP.
Monterey Peninsula Regional Water Authority
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President Burnett spoke to being the Authoritys representative on the Governance Committee
and that in the near future the Governance Committee will be reviewing and approving the RFP
for the MPWSP Pipeline. He requested an understanding of the concern of the member cities to
be able to best represent their interests during the GC Meetings.
Director Pendergrass expressed concern that this pipeline is vital to both the GWR and Desal
projects and that the current legal issues with the MCWD can hinder both projects. He
encouraged cooperation. Director Burnett reported on the invitations to the City of Marina to
attend this and the next meetings to assist with the cooperation and working with the City and
the District.
Director Edelen requested to get a map that shows the pipeline of the conveyance facilities to
which Mr. Crooks showed a map which outlines the desal plant site, the intake wells and the
pipelines that the RFP would cover. After consultation with the Cities, the alternate route has
been accepted. Director Rubio reported that the City of Seaside comments were submitted as
part of the DEIR but he questioned the impacts to sewer lines. He spoke to the intent to
develop the currently undeveloped areas, and questioned if future sewer connections were
considered to which Crooks reported they are in contact with staff in Seaside. Mayor Rubio also
requested that impacts to residents are truly considered and highlighted.
President Burnett invited comments from the public.

Tom Rowley spoke as a Monterey resident regarding the impacts to the residents and
requested outreach to the neighborhoods that will be impacted. This is an improvement
for what was sent out in the flyer to residents.

Documents received from Seaside will be incorporated by reference. Any other comments
received from Member cities will be provided at the Governance Committee.
On a motion by Director Edelen seconded by Director Rubio, and carried by the following vote,
the Monterey Peninsula Regional Water Authority authorized President Burnett to represent the
Interests of the Authority at the Governance Committee with regard to the pipeline.
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:

5
0
1
0
0

DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:

Burnett, Edelen, Kampe, Pendergrass, Rubio

None
Roberson
Rubio, From Item 1
None

ADJOURNMENT

ATTEST:

Lesley Milton-Rerig, Authority Clerk

Jason Burnett, President

Monterey Peninsula Regional Water Authority

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