mprwa special meeting agenda packet 01-30-14

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AgendaMonterey Peninsula Regional Water Authority (MPRWA)

Special Meeting

7:00 PM, Thursday, January 30, 2014

Council Chamber580 Pacific Street

Monterey, California

ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTSPUBLIC 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 personor group desiring to bring an item to the attention of the Authority may do so by addressing theAuthority 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 contactthe sender concerning the details.

AGENDA ITEMS

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

ADJOURNMENT

The Monterey Peninsula Regional Water Authority is committed to include the disabled in all ofits services, programs and activities. For disabled access, dial 711 to use the California RelayService (CRS) to speak to staff at the Monterey City Clerks Office, the Principal Office of theAuthority. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services24 hours a day, 7 days a week. If you require a hearing amplification device to attend ameeting, 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 publicinspection during the meeting or may be requested from the Monterey City Clerks Office at 580Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with CaliforniaGovernment Code Section 54954.2(a) or Section 54956.


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Date: January 30, 2014

Item No: 1.

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FROM: Executive Director Cullem

SUBJECT: Receive Report, Discuss and Provide Direction Regarding the MontereyPeninsula Water Supply Project Coastal Development Permit for Bore Holes inthe City of Marina California and Authorize the Executive Director or Chair toTestify 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 toreceive 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 ofMarina, and to decide upon a course of action.

DISCUSSION:

Over the last several months, California American Water (Cal-Am) has been working with theCity of Marina to obtain a Coastal Development Permit for a test slant well at the Cemexproperty as part of the Monterey Peninsula Water Supply Project (MPWSP) CEQA process. InDecember 2013, Marinas environmental consultant, SWCA, recommended a mitigatednegative declaration (MND) for the test slant well following completion of an Initial Study. TheSierra Club subsequently concurred with an MND.

However, SWCA requested an additional six (6) technical studies prior to completing the actualMND. 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 SnowyPlover to the construction site. This situation will result in a delay of approximately 9 months ininstalling the test slant well and obtaining the data needed by the CPUC for the MPWSP finalEIR.

Though the delay in collecting the test slant well data is serious, the project schedule is moreimmediately impacted by Cal-Ams inability to obtain a permit from Marina to install two boreholes at the CEMEX property. The bore holes are required for the collection of subsurface watersamples 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) Interpretationof Marina Municipal Code 17.55, Surface Mining and Reclamation Standards, that extraction ofwater to determine its mineral content is a surface mining operation was continued to February13th. Though applicable to any future surface mining operations, Staff believed such aninterpretation 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 RulingSetting Forth Updated Schedule and Addressing Other Matters (See attachment A). This rulingdelays the issuance of the project DEIR and issuance of a Certificate for Public Convenienceand 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-Amsubmitted a CDP for the bore holes on January 28thand requested an expedited review processconsistent with the timelines required by Muni Code 17.55. In response, the City of Marinanoticed a Special Planning Commission meeting for February 10thto consider the CDP (Seeattachment B). This schedule should allow sufficient time for the Marina City Council to addressany appeals from a PC decision and still allow for construction of the bore holes before theonset of the Snowy Plover season.

If the City Councils decision is not appealed to the Coastal Commission and the bore hole datacan be quickly collected, the Water Authority and Cal-Am could request the ALJ amend orrescind her order of Jan 27, 2014. Should she elect to do so, the CPUC could proceed withcirculating 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 Marina211 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 willbeginat 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 collectingwater 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 gatheringpurposes, 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 DevelopmentPermit 2014-01, unless appealed to the City Council.

The proposed project is categorically exempt from environmental review pursuant to, in addition to anyother 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 PeninsulaWater Supply Project (MPWSP).

ANY AND ALL INTERESTED PERSONS ARE HEREBY invited to attend this public hearing for thepurpose 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 atthe 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 iteither 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. Copiesof 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

[email protected] , 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 TH

JANUARY 31, 2014 AS FOLLOWS:

(1) PUBLISHED IN LEGAL CLASSIFIED SECTION OF THE MONTEREY COUNTY HERA

NEWSPAPER;

(2) POSTED AT MARINA CITY COUNCIL CHAMBERS BULLETIN BOARD, 211 HILLCREAVENUE; CITY KIOSK AT THE CORNER OF DEL MONTE BOULEVARD AND RESERVAT

ROAD; AND MONTEREY COUNTY FREE LIBRARY MARINA BRANCH AT 190 SEASIDE CIRCLE(3) DELIVERED TO THE POST OFFICE FOR MAILING TO NEIGHBORING PROPERTY OWNE

AND OTHERS ON THE PUBLIC NOTICE MAILING LIST ON FILE AT THE MARINA PLANNIDEPARTMENT.

AFFIDAVIT

I, Judy Paterson, Marina Planning Services Assistant, do hereby certify that copies of this notice were po

and delivered as described above.

Dated this 28th day of JANUARY, 2014

____________________________________JUDY PATERSON

Planning Services Administrative Assistant

mprwa special meeting agenda packet 01-30-14

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