Thursday, May 15, 2014

‘NO ON O’ FACTS Regarding Monterey Peninsula Water Management District Rebutted by David J. Stoldt, General Manager, Monterey Peninsula Water Management District

ABSTRACT:  In the news article entitled “Measure O: Initiative takes aim at public buy-out of Cal Am's Monterey system: Conflicting views on proposed takeover's cost, benefits, By Jim Johnson, (05/05/2014), The Monterey County Herald Staff Writer Jim Johnson writes “Both sides have been criticized for their reliance on questionable claims, with a Superior Court judge ordering several changes to the Yes on O ballot arguments and Stoldt sending a terse letter to Cal Am challenging the No on O talking points.” The “material sent to Cal-Am regarding certain claims made about the Monterey Peninsula Water Management District” by David J. Stoldt, General Manager, Monterey Peninsula Water Management District, is embedded. Specifically, General Manager David Stoldt states the actual facts to “Why is Measure O a Bad Idea?” and “Won’t our rates be cheaper if water distribution is managed by the public sector?” and “Won’t a public takeover ensure increased public oversight?” and “Doesn’t the MPWMD have its own experts better qualified to study and provide recommendations for solving our area’s water shortage?” from the "NO ON O" FACTS website.
Document: Material sent to Cal-Am regarding certain claims made about the District

SUMMARY
“NO ON O” “FACT” CLAIMS & REBUTTAL RESPONSES FROM GENERAL MANAGER, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

NO ON O “It’s A Risk We Cannot Afford” “FACT” Claim
Why is Measure O a bad idea?
If approved, Measure O requires the Monterey Peninsula Water Management District to do a feasibility study before moving forward with a takeover. However, we’re given no information about how much this study would cost, how the MPWMD would interpret the results, nor does it force them to come back to voters for a final decision. Measure O would give a blank check – with no oversight – to the MPWMD to study seizure of the water delivery system from Cal-Am. In 2005, the proposed study was estimated to cost $550,000. Today, the price tag could reach $1 million or more. Furthermore, it could delay the construction of a desal plant that is the long-term solution to the Peninsula’s water shortage issues.

DAVID J. STOLDT, GENERAL MANAGER, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT:
The actual fact: Of course there is oversight. Moneys can only be expended for the purpose defined in the initiative. There is a Board of Directors and management staff. We also have had discussions with a national firm that performs this type of analysis who thinks such a study should cost $400,000 to $600,000. Also, we see no direct linkage between the study and the obligation to proceed as scheduled on the desal plant.  How do you determine that it will cause a delay?

Won’t our rates be cheaper if water distribution is managed by the public sector?
Just because the government is running something instead of the private sector does not ensure that it is run more efficiently. Government operations incur all kinds of expenses that the private sector doesn’t, which ultimately can lead to local residents paying the bill through increased taxes and/or water bills. Currently the Monterey Peninsula Water Management District spends an average of over $100,000 on each employee.

DAVID J. STOLDT, GENERAL MANAGER, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT:
The actual fact:  Calendar 2013 Gross Salaries paid = $2,257,886 divided by 36 total employees equals $62,719 earned per employee. Even if you include benefits costs it won’t get above $100,000. Plus, since a renegotiation of labor contracts, employees pay an increased share of their own retirement benefits, decreasing what the District pays. Be careful about relying on gadflies and hobbyists who don’t know what they are doing when they examine the District’s budgets. Will you show similar calculations for Cal-Am Monterey District employees and G&A charges locally for non-Monterey District staff?

NO ON O “It’s A Risk We Cannot Afford” “FACT” Claim
Won’t a public takeover ensure increased public oversight?
No. Currently oversight of local water rates is done by the California Public Utilities Commission which undertakes a grueling and thorough analysis of proposed rates. Additional protections are provided through the Office of Ratepayer Advocates that represent the interests of rate payers by insuring the lowest possible rates. If the Monterey Peninsula Water Management District takes control, these safeguards to protect ratepayers will not exist. MPWMD will have no oversight whatsoever in the setting of water rates.

DAVID J. STOLDT, GENERAL MANAGER, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT:
The actual fact: The safeguards to protect ratepayers exist and are established by law.  MPWMD would limit imposition and collection of rates and charges as required by the MPWMD enabling legislation and by other requirements of state and federal law. These limitations include, but shall not be limited by the following:

· California Constitution Art. XIII C, Section 1(e), mandates that the rates shall not exceed the estimated reasonable cost of providing the services for which MPWMD charges the fee.1 When the budgeted cost of activities funded by the rates, less proceeds of any other sources of revenue, are less than the authorized, MPWMD shall be required to reduce or suspend collection of the rates to avoid overcollection.
The rates must be reasonable, fair, and equitable in nature and proportionately representative of costs incurred by MPWMD.2

· MPWMD acknowledges continued collection of rates is subject to the requirements of Propositions 62 and 218, including publication, mailing, and protest hearing processes to ratepayers.

· MPWMD shall to adhere to requirements of Water Code sections 35470 and 354713 even though it is not a municipal water district as defined by the California Water Code, and instead is a special district created by special legislation.

· MPWMD has a Board of Directors answerable directly to the electorate. In its annual budget review and approval process, the Board shall assess any need to adjust or rebalance revenues based upon prior year revenue and expenditures funded by the rates. It is a public process, typically accompanied by a rate design performed by outside consultants.

NO ON O “It’s A Risk We Cannot Afford” “FACT” Claim
Doesn’t the MPWMD have its own experts better qualified to study and provide recommendations for solving our area’s water shortage?
The Monterey Peninsula Water Management District primarily exists to augment the water supply for the Monterey Peninsula. Despite costing over $100,000,000 of taxpayer dollars over 35 years, MPWMD has failed to find any new large source of water for Monterey County. Their record does not inspire confidence that they would be any more successful in an area in which they have no expertise, institutional knowledge or infrastructure.

DAVID J. STOLDT, GENERAL MANAGER, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT:
The actual fact: First of all, since its arrival in 1966 Cal-Am has not produced any new large source of water for Monterey County. The stranded costs on the Regional Treatment Plant alone were over $44 million.

$26,568,651 RDP approved for recovery
5,354,229 RDP 2011
860,098 RDP 2012
12,000,000 RDP “Wrap-Up Costs” for un-winding
$44,782,978 RDP Sunk Costs

The District executed all concept, design, test well, and proof of principle for the 900 AF Paralta Well in the 1980s before turning it over to Cal-Am to convert to a production well.

The District financed and continues to this day to sell water from the Pebble Beach Reclamation Project which created over 800 AF of recycled water, thereby releasing a like amount of potable water for other uses.

The District brought a 3,400 AF desal project which was rejected by voters in 1993 – the District was ready to go.

The District brought a 24,000 AF dam project which was rejected by voters in 1995 – the District was ready to go.

The Aquifer Storage and Recovery projects were developed by the District and will produce over 1,900 AF of water annually on average.

The District, since its inception in 1978 has spent $49.5 million on capital projects and $65.3 million on Conservation and Mitigation (see attached.) The mitigation activities are required by law under several permits and CEQA decisions to offset the deleterious effects of Cal-Am water extractions from the Carmel River.
REFERENCE:
Measure O: Initiative takes aim at public buy-out of Cal Am's Monterey system
Conflicting views on proposed takeover's cost, benefits
By Jim Johnson, 05/05/2014

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