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Unknown-1The criminal case against Monterey County water official Steve Collins ended some time ago with a no contest plea involving  conflict of interest in connection with a Cal Am desalination project. But Collins continues to plead his case in the court of public opinion. To that end, he has released a series of documents in an attempt to bolster his position that when he quietly took a side job with the project management firm, he was acting at the direction of other county officials, particularly supervisors Lou Calcagno and Dave Potter.

Last week he distributed a transcript of a prosecution interview with Curtis Weeks, who once was the county’s chief water official. Weeks acknowledged he knew about Collins’ double role almost from the start.

Then he released logs of Deputy County Counsel Irv Grant’s emails, which strongly suggest Grant was discussing Collins’ side job with outside counsel and others nearly a year before he claims to have learned of the situation.

Next, Collins released a transcript of a prosecution interview with Potter, who acknowledges that Calcagno was expressing concerns about Collins’ role early on.

Watch for more on this angle later. That isn’t what this piece is about, however. It’s about a side comment by Potter in that interview, a comment that doesn’t amount to anything of import but that his constituents might find intriguing. Or at least amusing.

Under questioning by then-Deputy DA Stephanie Hulsey, Potter was discussing the difficulties Collins was having working with Peninsula interests and how he was more comfortable dealing with Salinas Valley types.

“… In order to get those wells that were needed,” Potter said, “uh, you know, for a Peninsula project, really, really was a pretty heavy political lift, because there’s no love lost between the ag guys in the valley and the citizens of my district, a very effete, light, you know, affluent community versus the hard-working we-toil-in-the-soil, don’t-tell-us-what-to-do ag community.”

What he meant by effete and light, I have no idea, but I looked up effete. Here’s the first entry that popped up.

Eff-ete

adjective: effete

  1. (of a person) affected, overrefined, and ineffectual.”effete trendies from art college”
  2. synonyms: affected, pretentious, precious, mannered, overrefined; More: ineffectual; informal la-di-da, “effete trendies”
  3. No longer capable of effective action.”the authority of an effete aristocracy began to dwindle”
  4. weak, enfeebled, enervated, worn out, exhausted, finished, drained, spent, powerless, ineffectual “the fabric of society is effete”

So there you have it, Potter constituents in effete Carmel Valley, light Monterey and affluent Pebble Beach. Or vice versa.

By the way, I’m not able to link to the transcripts, but if you’d like to see them, shoot me an email, calkinsroyal@gmail, and I’ll be glad to send them along.

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????Two items in the Pine Cone today could not help but pique my curiosity. Perhaps the Partisan readers can join me in asking the Mayors’ Authority and the Pine Cone a few questions to ask their interviewees the next time they discuss water projects with them:

1. Cal Am will now miss the August Coastal Commission meeting, and is shooting for September. Fair enough, but how does the conflict of interest investigation by the Public Utilities Commission enter into the discussion regarding restarting a well that relies upon audit results of the person being investigated?

2. Deep Water Desal has announced that it can have desalinated water produced for distribution by Fall 2017. They have not yet even started the EIR process, in fact, their public partner, the California Lands Commission, has not even started the process of obtaining a consultant. The Moss Landing Harbor District has been very clear that Deep Water’s plan to punch a hole under Highway 1 and under the Harbor District’s property is a non-starter. So, Deep Water, how do you plan such an aggressive schedule when you do not currently possess an intake option for your 25 MGD (25 million gallons per day) plant?

Steve Collins is an accountant and former chairman of the Monterey County Water Resources Agency board of directors. He helped lead the county’s efforts to develop a desalination plant in partnership with Cal Am and was prosecuted for a conflict of interest that he maintains was encouraged and approved by top county officials. He has worked as a consultant for Nader Agha, who is pursuing a separate desalination project.

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????I want to congratulate the Carmel Pine Cone on being the latest victim to obtain a Cal Am press release and print it in a newspaper as journalism: “Slant Well Salinity not There Yet” but …”it’s moving in the right direction, Cal Am says,” on Page 1 of Friday’s edition. Perhaps this pronouncement could have generated a couple of piercing questions from the newspaper. Since that did not happen, let us discuss what was reported.

1. “The Company said Thursday that the facility (slant well) has completed an important five day continuous operation of the well, with promising results.” Response: The initial operation testing is a CEQA requirement, with immediate reporting to parties required.

2. “At one of the monitoring wells, Cal Am said the drop in groundwater levels and salinity changes (due to the pumping of 2,000 gallons per minute) were much better than limits set by the California Coastal Commission.” Response: Swell, what is the reduction and salinity changes at the other six monitoring wells?

3. “The salinity of the water from the test well itself increased from 23,000 parts before the test to 26,000 parts at the conclusion of the 5 day test.” Response: 23,000 ppm is 65.71% seawater, or 34.29% fresh water. At 26,000 the numbers are 74.28% and 25.71%. This is a far cry from 4%, but ask yourself how does the water composition change by 3,000 in a five day test? Seawater intrusion, remember this is an unconfined aquifer.

4. “Given the large volume of water located within the shallow dunes sand and relatively small pump volume,” Cal Am reported that “these two trends are very positive and indicate that ocean water is moving toward the well.” Response: And fresh water is being evacuated from the aquifer, and pumped directly back into the ocean in violation of state law and the Beneficial Use rules of the California Water Code.

I am sure it is possible to read this article in a positive light and ignore the Cal Am spin, but the statements against self interest, in this article, in their water rights lawsuits have to make their attorneys cringe. Cal Am has consistently said it will draw primarily seawater and that any take of fresh water would be incidental. Let me put the 2 year “take” Cal Am proposes into mathematical perspective.

1. 2,000 gallons per minutes equal 2,880,000 gallons per day. That is equal to 8.32 acre feet per day. Five days of testing equals 41.6 acre feet for the CEQA test. Of that 41.6 acre feet, approximately 30% (split the diff. 23K v 26K) is fresh water, or 12.48 acre feet.

2. Now let’s run the test for the first year: 1,051,200,000 gallons of water, or 3,038.15 acre-feet of water, that will be pumped into one pipe and blown back out into the ocean in another pipe, with no beneficial use. Assuming the 30% fresh ratio, that is 911.45 acre-feet of fresh water wasted. These numbers may be low because Cal Am has been permitted and is allowed to pump 4,000 acre-feet per year for 2 years, so they may increase the pump rate, but we need to ask them.

3. Second year: Assume same numbers, another 3,038.15 acre-feet of water, and another 911.45 acre-feet of fresh water.

4. Combining the two years gives us 6,076.3 acre feet of water pumped, of which 1,822,900 is Salinas Valley fresh water that has simply been illegally extracted from an overdrafted basin by increasing seawater intrusion.

Now let’s politically put these numbers into perspective. Recently two land-use decisions were made by the Board of Supervisors that allowed the projects to move forward. I forget the numbers on one of the projects, but the other was 90 acre-feet of Zone 2C water per year. For the record, I live off Highway 68 and am not a fan of either project, but I am simply trying to make a point. The posturing from the dais at the Board of Supervisors meeting predictable. Jane Parker voted no, and I truly believe she votes her conscience and believes what she says, water is an issue, and a no vote. Potter, after doing a head count and knowing he had 3 votes yes, pontificated about 90 acre-feet and voted no.

Where is the hue and cry over the 1,822.90 acre feet of Zone 2C water being wasted on a test that will never get close to 4% salinity. And why is 4% a magic number? It is still water Cal Am does not own and not legally transport.

Let me put two points to rest for the Cal Am naysayers who say 1) the test was necessary, and 2) we did not have preexisting test data.

The test numbers in the EIR certified by the state Public Utilities Commission in 2010 pegged the fresh water percentage in the groundwater at the CEMEX site at 25%. Going vertical with a deeper core at the same site generated the infamous 15% that was heavily debated. Memories starting to return? All you have to do is pull up the prior EIR to find this data.

The State Water Resource Control Board and the Coastal Commission, following CEQA guidelines, require evaluation of all the applicable water sources. Prior data testing that is timely and relevant may be included in the data set presented to the regulatory authorities, for evaluation.” Straight from the CEQA handbook, perhaps Marc Del Piero can weigh in on this.

One final thought, the salinity and total dissolved solids measurements can be done hourly and with a kit. I find it interesting that two months turned into a Friday report with no other press outlet reporting. Congratulations, Pine Cone, on hard-hitting investigative journalism.

Steve Collins is an accountant and former chairman of the Monterey County Water Resource Agency board of directors. He helped lead the county’s efforts to develop a desalination plant in partnership with Cal Am and was prosecuted for a conflict of interest that he maintains was encouraged and approved by top county officials.

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500_F_29758468_l9QixsSx8YdGJXteaQQYqGL70OmarU0SIt’s a good idea to have Monterey County represented on the mayors’ water authority. The agency’s main role is to push for a desalination plant to help ease the water shortage and to help oversee its construction and operation. Without county representation, residents of unincorporated areas of the Peninsula would have almost no say in the process.

It would not be a good idea, however, to have county Supervisor Dave Potter represent the county as planned. As ideas go, that’s a bad one, a very bad one, a no-good, rotten, horrible, what-are-they-thinking type of idea. It’s like using the wrong tool, painting your house the wrong color, or hiring a plumber to fix your car.

Even under considerable pressure from the state, getting a desalination plant built is proving to be a huge challenge for local officialdom. It’s complicated, controversial and costly. It doesn’t help that the leading players in the process are California American Water and the California Public Utilities Commission, two entities with public approval ratings about on par with the Kardashians.

Among the problems with Potter is that he could have been the public official who led the Peninsula toward a water solution years ago but never really tried. He was in the perfect position. He has been on the Board of Supervisors for more than a decade. He simultaneously served on both the California Coastal Commission and the Monterey Peninsula Water Management District, two key players in the water world. Instead, Potter played a low-key but important role in actually derailing the previous effort to build a desal plant. Cal Am’s initial effort was getting nowhere fast when it completely crashed and burned after it was discovered that Monterey County’s official delegate to the process, Steve Collins, was being paid under the table by the project engineer. Collins says Potter and Supervisor Lou Calcagno engineered and approved his actions. They deny that, of course, but there’s little doubt in the public’s mind that neither of the supervisors has been forthcoming about what they did and when they did it.

In the court of public opinion, Potter has pleaded ignorance. Many students of local governance don’t buy it. Potter gets deeply involved in most issues of importance. If he was as uninvolved as he claims to have been in round one of the desalination process, he was derelict. If he was as involved as he should have been, he knew what Collins was up to.

Potter is a remarkably intelligent and crafty politician who has flirted with serious financial and legal issues throughout his career. He has been on the wrong end of several personal lawsuits, and he needed to turn to rather mysterious financing to avoid bankruptcy. His former wife once alleged he had forged her name to paperwork for a second mortgage on a house he had purchased from the family of a development lawyer. He brought us the hugely controversial Monterey Downs racetrack proposal. That he has remained in good standing with voters is testimony to his considerable political skills or the public’s forgetfulness.

It is true that of the five county supervisors, Potter is the most knowledgeable about desalination. That is not necessarily a good thing, however.

One of the biggest obstacles to successful completion of Cal Am’s current desalination plan is public skepticism, both about Cal Am’s ability to carry it off and about the price tag. The failed process previously and the current one have been start-and-stop affairs. Some of that is natural because the list of regulatory agencies involved is monumental, but the constant delays also have raised questions about Cal Am’s ability and even its commitment. While the process stretches on, Cal Am merrily collects considerable profits from the Carmel River water it sells to Peninsula residents, and it is virtually guaranteed to be repaid for every expense attributed to the desalination effort, every expense plus a 10-percent profit.

Potter’s appointment to the authority board would not reduce the skepticism one ounce. In fact, it would add considerable unnecessary weight. His motives and allegiances would be questioned at every turn.

At the moment, county officials are awaiting an opinion from the state Attorney General’s Office on whether Potter or other county officials would have a conflict of interest. There is considerable litigation swirling around the players in the desalination arena, and the county is heavily involved in all that. But letting an AG’s opinion be the decider would be the worst kind of cop-out. Potter may not have a conflict in the narrow legal sense in that none of the participants in the process is likely to wire money directly into his bank account or stuff cash into his pockets, but he could hardly be more conflicted.

Potter’s wife is a hotel executive and the local hotel industry is Cal Am’s biggest supporter on various water issues. Potter had a highly publicized legal dispute with one of Cal Am’s potential desalination competitors, Nader Agha, after soliciting him for an unorthodox and essentially illegal campaign contribution. Another potential competitor is represented by local public relations kingpin David Armanasco, whose interests usually mesh with Potter’s. Among other things, Armanasco negotiated the out-of-court settlement that prevented details of the Potter-Agha matter from becoming public.

So what should the county do? It is considering paying its share of past expenses for the mayors’ authority and becoming a dues-paying member, complete with representation on the authority board. Potter already is a member of the authority’s governance committee, but it remains possible that he could be removed before any permanent harm occurs.

Calcagno is out as the county’s representative. He leaves office at the start of the year and one of the first questions about any property proposed for desalination purposes is whether Calcagno owns it.

Supervisors Fernando Armenta and Simon Salinas are out as well. Armenta has absolutely no standing on the Peninsula, and Salinas, despite being a former state legislator, has shown no inclination to study Peninsula issues.

That leaves Jane Parker, which is a very good thing.

Now that Potter has become a full-time champion of development interests, Parker is THE environmentalist of the board. Her critics in the hospitality industry and at the chamber of commerce would violently oppose her involvement, which would represent yet another mistake on their part.

Parker is indeed close with environmental interests who fear that a large desalination plant would be growth inducing. She, therefore, could not be counted on to be a gung ho, no-questions-asked supporter of the current process. Which means that project advocates would need to convince her of the worthiness of their decisions. Which means that, unlike Potter’s assent, Parker’s approval would have meaning. If funny business were to break out as it did in the first attempt, Potter would likely be an accomplice. Parker would be the first to point out the problem.

Though there is good reason to worry about the necessity, expense and viability of desalinated water, there also is good reason for this project to continue. If there is not a confluence of additional conservation and other smaller projects that combine to ease our water woes, desalination could in fact be the key to preventing a state-ordered cutback in water usage, a cutback that could devastate the Peninsula’s economy. It is a solution with a long list of harmful side effects, but for the most part those who oppose it are those whose livelihoods are not dependent on an  adequate water supply.

Too much has gone wrong with the process and there are too many unanswered questions to warrant full support at this point. The principals need to step it up. But if the process is to proceed, if it is to have any hope of gaining the public support it needs to prove worthwhile, Potter should be on the sidelines and Parker should be in the thick of things.

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