Agenda

Monterey Peninsula Regional Water Authority (MPRWA)

Special Meeting

7:00 PM, Thursday, January 30, 2014
Council Chamber
580 Pacific Street
Monterey, California


ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any
subject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any person
or group desiring to bring an item to the attention of the Authority may do so by addressing the
Authority during Public Comments or by addressing a letter of explanation to: MPRWA, Attn:
Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contact
the sender concerning the details.

AGENDA ITEMS

1. Receive Report, Discuss and Provide Direction Regarding the Monterey Peninsula Water
Supply Project Coastal Development Permit for Bore Holes in the City of Marina, California
And Authorize Executive Director or Chair to Testify at Marina Public Meetings and to
Submit a Letter of Support - Cullem

ADJOURNMENT





The Monterey Peninsula Regional Water Authority is committed to include the disabled in all of
its services, programs and activities. For disabled access, dial 711 to use the California Relay
Service (CRS) to speak to staff at the Monterey City Clerks Office, the Principal Office of the
Authority. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services
24 hours a day, 7 days a week. If you require a hearing amplification device to attend a
meeting, dial 711 to use CRS to talk to staff at the Monterey City Clerks Office at
(831) 646-3935 to coordinate use of a device or for information on an agenda.

Agenda related writings or documents provided to the MPRWA are available for public
inspection during the meeting or may be requested from the Monterey City Clerks Office at 580
Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California
Government Code Section 54954.2(a) or Section 54956.


Monterey Peninsula Regional Water Authority
Agenda Report

Date: January 30, 2014
Item No: 1.



06/12
FROM: Executive Director Cullem

SUBJECT: Receive Report, Discuss and Provide Direction Regarding the Monterey
Peninsula Water Supply Project Coastal Development Permit for Bore Holes in
the City of Marina California and Authorize the Executive Director or Chair to
Testify at Marina Public Meetings and to Submit a Letter of Support.

RECOMMENDATION:
It is recommended that the MPRWA meet with the Mayor and staff of the City of Marina to
receive a report on the status of Cal-Am permit for bore holes, to request input from Marina City
Staff as to how best to proceed, to offer Water Authority support and/or assistance to the City of
Marina, and to decide upon a course of action.

DISCUSSION:
Over the last several months, California American Water (Cal-Am) has been working with the
City of Marina to obtain a Coastal Development Permit for a test slant well at the Cemex
property as part of the Monterey Peninsula Water Supply Project (MPWSP) CEQA process. In
December 2013, Marinas environmental consultant, SWCA, recommended a mitigated
negative declaration (MND) for the test slant well following completion of an Initial Study. The
Sierra Club subsequently concurred with an MND.
However, SWCA requested an additional six (6) technical studies prior to completing the actual
MND. The studies were funded by Cal-Am. To date, these studies have not been completed.
Accordingly, time has run out for completing the test slant well before the return of the Snowy
Plover to the construction site. This situation will result in a delay of approximately 9 months in
installing the test slant well and obtaining the data needed by the CPUC for the MPWSP final
EIR.
Though the delay in collecting the test slant well data is serious, the project schedule is more
immediately impacted by Cal-Ams inability to obtain a permit from Marina to install two bore
holes at the CEMEX property. The bore holes are required for the collection of subsurface water
samples required under the Comprehensive Settlement Agreement for the DEIR and requested
by CPUC Administrative Law Judge (ALJ) Minkin on December 2, 2013.
An effort by City staff on January 23, 2014 to obtain Planning Commission (PC) Interpretation
of Marina Municipal Code 17.55, Surface Mining and Reclamation Standards, that extraction of
water to determine its mineral content is a surface mining operation was continued to February
13
th
. Though applicable to any future surface mining operations, Staff believed such an
interpretation would have facilitated the Cal-Am bore hole permit applications.
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Subsequent to the PC continuation, ALJ Minkin changed the project schedule in her Ruling
Setting Forth Updated Schedule and Addressing Other Matters (See attachment A). This ruling
delays the issuance of the project DEIR and issuance of a Certificate for Public Convenience
and Necessity (CPCN) for the MPWSP by 6 months.
Despite the ALJ ruling, and in light of the one-month delay at the Planning Commission, Cal-Am
submitted a CDP for the bore holes on January 28
th
and requested an expedited review process
consistent with the timelines required by Muni Code 17.55. In response, the City of Marina
noticed a Special Planning Commission meeting for February 10
th
to consider the CDP (See
attachment B). This schedule should allow sufficient time for the Marina City Council to address
any appeals from a PC decision and still allow for construction of the bore holes before the
onset of the Snowy Plover season.
If the City Councils decision is not appealed to the Coastal Commission and the bore hole data
can be quickly collected, the Water Authority and Cal-Am could request the ALJ amend or
rescind her order of Jan 27, 2014. Should she elect to do so, the CPUC could proceed with
circulating the DEIR during the first quarter 2014.

Attachments:
A-.CPUC Ruling Setting Forth Updated Schedule and Addressing Other Matters
B.-City Of Marina Public Notice of Special Meeting of the Planning Commission



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City of Marina City of Marina
211 HILLCREST AVENUE
MARINA, CA 93933
831- 884-1278; FAX 831- 384-9148
www.ci.marina.ca.us



PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that a public hearing will be held in the City Council Chambers, at 211
Hillcrest Avenue, Marina, by the Marina Planning Commission during a special meeting which will
begin at 6:30 p.m., on Monday, February 10, 2014, to consider the item described below:

1. Planning Commission consideration of Resolution No. 2014- , approving Coastal Development
Permit 2014-01, allowing for the drilling of two exploratory borings for the purpose of collecting
water samples to determine the mineral content of the groundwater on CEMEXs Lapis Road
property (APN 203-011-019). The purpose of the permit is strictly for information gathering
purposes, and part of a study leading to an action which the Planning Commission has not yet
adopted. The Planning Commission will take final action on the requested Coastal Development
Permit 2014-01, unless appealed to the City Council.

The proposed project is categorically exempt from environmental review pursuant to, in addition to any
other applicable sections, Sections 15306 of the California Environmental Quality Act (CEQA) Statutes
and Guidelines in that the project consists of data collection, research, and resource evaluation activities
which do not result in a serious or major disturbance to an environmental resource. The activity will
lead to acquisition of data that will be used as part of the EIR being prepared for the Monterey Peninsula
Water Supply Project (MPWSP).

ANY AND ALL INTERESTED PERSONS ARE HEREBY invited to attend this public hearing for the
purpose of being heard thereon. After a presentation of the item by staff and questions by the hearing
body, the public hearing for the item will be opened for the public's presentation of oral and written
testimony. In addition to any oral comments, you are encouraged to submit your comments in writing at
the meeting. After the public hearing is closed, the hearing body may deliberate and take action on the
matter. If anyone challenges the nature of the proposed actions in court, they may be limited to
challenging only those issues which have been raised at the public hearing described in this notice, be it
either by written correspondence submitted to or at the meeting or public testimony at the meeting.

Copies of documents related to the above-described item(s) are available for public review and
inspection at the Marina Planning Services Division, 209 Cypress Avenue, Marina, California. Copies
of the staff report for the public hearing(s) will be available for public review at the Marina Planning
Services Division and the City of Marina website, or electronically by email request to
planning@ci.marina.ca.us, beginning at 4:00 p.m. Friday the week preceding the public hearing. Please
direct all inquires to the Planning Services Division of the Community Development Department at
(831) 884-1220.

CHRISTINE DI IORIO, AICP
COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR


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THIS PUBLIC NOTICE IS TO BE PUBLISHED, POSTED AND DISTRIBUTED NO LATER THAN
JANUARY 31, 2014 AS FOLLOWS:

(1) PUBLISHED IN LEGAL CLASSIFIED SECTION OF THE MONTEREY COUNTY HERALD
NEWSPAPER;
(2) POSTED AT MARINA CITY COUNCIL CHAMBERS BULLETIN BOARD, 211 HILLCREST
AVENUE; CITY KIOSK AT THE CORNER OF DEL MONTE BOULEVARD AND RESERVATION
ROAD; AND MONTEREY COUNTY FREE LIBRARY MARINA BRANCH AT 190 SEASIDE CIRCLE;
(3) DELIVERED TO THE POST OFFICE FOR MAILING TO NEIGHBORING PROPERTY OWNERS
AND OTHERS ON THE PUBLIC NOTICE MAILING LIST ON FILE AT THE MARINA PLANNING
DEPARTMENT.

AFFIDAVIT

I, Judy Paterson, Marina Planning Services Assistant, do hereby certify that copies of this notice were posted
and delivered as described above.

Dated this 28th day of JANUARY, 2014

____________________________________
JUDY PATERSON
Planning Services Administrative Assistant




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