MCCSD Board pays litigant’s attorney fees and discusses charges for outside dining options

MENDOCINO, CA » At the Mendocino City Community Services District Board of Directors meeting on Monday night they authorized the payment of around $170,000 dollars to Steven Gomes. Gomes sued the district in an effort to overturn its Ground Water Management Program Ordinance in 2015. He won a partial victory when the courts determined, that at the time the ordinance was originally passed the district had not followed all the public notification rules. The 2019 and 2020 Board of Directors went through the public notification process and reauthorized the Ground Water Management Ordinance in May of 2020. The monies spent to defend the district against Gomes suit and now to pay for his attorney fees will reduce the district’s ability to maintain its facilities according to Superintendent Ryan Rhoades.

In May of 2021, Rhoades said the main attorney defending the Gomes cases has charged the district $42,398.50 since 2018 and he estimated the district’s general council cost exceeded $104,000 over a six-year period. Rhoades did not have the figures the district has spent since May of 2021 at Monday night’s meeting. However, adding what we know, the district will have spent well over $316,000 to defend groundwater management. Rhoades also says Gomes has filed a subsequent lawsuit against the district.

Restaurants and bars that have added occupancy space since the onset of the pandemic, may see a large increase in their charges and other requirements as the district reviews their square footage and applies it to their bills. Both sewer charges and groundwater fees are determined on square footage. The district may also require these businesses prove they have sufficient water supply to maintain the additional square footage, which could require a hydrology study. The problem was brought up by board member Maggie O’Rourke who is concerned that the “temporary” facilities are becoming a permanent fixture in Mendocino and that the County is not moving to address the issue. The tents have

also drawn complaints from residents at the Mendocino Historical District meetings according to board member Christin Aranguren. The groundwater management committee members, Aranguren and Jim Sullivan will review the situation and make recommendations to the board. They are planning a public meeting for the second week of May.

Several members of the public attended the Monday night meeting. Judy Steele and Tom Tetzlaff complained about the cost of certified mail to notify residents of the Stage 4 drought. Rhoades also noted that many residents contacted the district to complain about the need to stand in line at the post office. Rhoades confirmed that the use of certified mail is required by both the current and previous ordinances whenever the district declares a Stage 3 or 4 drought. Tetzlaff also complained about groundwater management in general sitting his own research that it is not effective. The board invited Tetzlaff to attend the next update on the groundwater management program where he can ask his questions. He can also review the most recent groundwater update presentation on the MCCSD website. Water Supply October 1, 2021, was the beginning of a new water year. As of April 22, 2022, rainfall totals for the current rain year were 27.11 inches or about ten inches below normal for this time of year. For the April reporting period, MCCSD documented 4.83 inches of rain, while the average for April is 2.96 inches. The unusual rain in April was not enough to change the drought status.

The average depth of Mendocino’s water table on April 22, 2022, was measured at 14.21’, compared to 16.54’ in

April of 2021. The depth is the average distance from the surface of the earth to the water from 24 monitoring wells. A higher number indicates less water.

The district remains in Stage 4 drought.

Stage 4 Drought

• 40% mandatory reduction in water usage of allotments. The following items are prohibited; Indiscriminate running of extracted groundwater that is wasteful and without reasonable purpose. Allowing extracted groundwater to spill into streets, curbs, or gutters. Using extracted groundwater in any manner that results in runoff beyond the immediate area and intended purpose of use. Watering to establish new lawns and other high water demand (non-Xeric) landscaping

• Designated irrigation times and an irrigation audit for landscape maintenance.

• No vehicle, RV or boat washing except with a handheld bucket or hose equipped with a positive shutoff nozzle

• Prohibition on refilling of hot tubs, pools decorative fountains, or ponds.

• Hosing down exterior surfaces and structures is prohibited except as needed for health and safety reasons.

• Drinking water served at restaurants only upon request

• Recommend use of paper plates at restaurants to avoid dishwashing.

• Moratorium on new groundwater extraction permits for new development, expansion of existing use, and changes of use, which require a hydrological study. All developed properties are required to have a permit in place.

• No potable water obtained from the MCCSD groundwater supply may be used for soil compaction or dust control during construction activities.

• Prohibitions on aquifer pump tests.

MCCSD will issue a warning for the first offense, and assess penalties for repeat offenders of $100 for the second offense and $250 for the third offense