Saturday, April 27, 2013

California American Slant Test Well: City of Marina City Council & Planning Commission, Monterey Peninsula Regional Water Authority & LAW OFFICES OF MICHAEL W. STAMP Letter to City of Marina Mayor & Members of the City Council

ABSTRACT:  Regarding California American Water Company’s Slant Test Well, City of Marina City Council AGENDA & MINUTES for REGULAR MEETING (November 7, 2012), Marina Planning Commission Goals for 2013, Projects Being Prepared Under a Fee Agreement (February 28, 2013), Monterey Peninsula Regional Water Authority Regular Meeting Minutes  (Thursday, March 14, 2013) and LAW OFFICES OF MICHAEL W. STAMP letter, dated April 17, 2013, to City of Marina Bruce Delgado, Mayor and Members of the City Council Re: Cal-Am Slant Well Application to City of Marina (Coastal Development Permit 201205) stating “Ag Land Trust strongly objects to any approval by the City of Marina for the pending Cal-Am Water slant well application...Should the City approve the slant well application, our client has authorized us to take all necessary legal action to prevent the harm that is reasonably likely to arise from the approval,” are presented. 

Wednesday, November 7, 2012 6:00 P.M.
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION,
AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY

Council Chambers
211 Hillcrest Avenue
Marina, California

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members) Nancy Amadeo, David W. Brown, James E. Ford, Mayor Pro-Tem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado

8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.

g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution 2012- , approving a Fee Agreement between the City of Marina and California American Water for provision of planning and attorney services related to review and processing of a slant test well project located at the north-west corner of the Lonestar California, Inc. site, Marina (APN’S 203-011-019 & 203-011-001), and; authorizing the Finance Director to make the appropriate accounting and budgetary entries, and; authorizing the City Manager to execute the Fee Agreement on behalf of City subject to final review and approval by the City Attorney.

Wednesday, November 7, 2012 6:00 P.M. 
REGULAR MEETING 
CITY COUNCIL, AIRPORT COMMISSION, 
MARINA ABRAMS B NON-PROFIT CORPORATION, 
AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY 

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members)
MEMBERS PRESENT: Nancy Amadeo, David W. Brown, Mayor Pro-Tem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: James E. Ford (Excused)

8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.

g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution 2012-168, approving a Fee Agreement between the City of Marina and California American Water for provision of planning and attorney services related to review and processing of a slant test well project located at the north-west corner of the Lonestar California, Inc. site, Marina (APN’S 203-011-019 & 203-011-001), and; authorizing the Finance Director to make the appropriate accounting and budgetary entries, and; authorizing the City Manager to execute the Fee Agreement on behalf of City subject to final review and approval by the City Attorney.
 
  
Item No. 8g (1)
City Council Meeting of November 7, 2012
City of Marina
Staff Report, Theresa Szymanis, AICP, Planning Services Manager,RESOLUTION, “EXHIBIT A” DRAFT FEE AGREEMENT

Monterey Peninsula Regional Water Authority
Regular Meeting Minutes - Thursday, March 14, 2013

Report from Cal-Am Regarding Test Well Design, Development and Permitting 
Action: Update Provided by Cal Am Water Representative 

Cal Am Water Representative Catherine Bowie discussed changes that have occurred since the last Authority update. She reported that four of the six required permits have been submitted; the State Lands Commission and the Monterey Bay National Marine Sanctuary are outstanding. Construction of the test wells is on track to begin in November 2013 and the project is on track to meet the current construction schedule. Ms. Bowie then answered questions from the Authority.

Vice President Burnett added that with respect to the City of Marina application, it has not yet been approved due to an agreement with the Sierra Club. The permit requires any applicant requesting a Negative Declaration Environmental Impact Report (EIR) have approval from the Sierra club. Vice President Burnett has been working with Marina Mayor Delgado with respect to this requirement.

Congressman Farr is assisting with coordinating with the federal agencies for alignment of interest to expedite the permitting processes. 

President Della Sala opened the item to public comment and had no requests to speak.

 

LAW OFFICES OF MICHAEL W. STAMP Letter to City of Marina Bruce Delgado, Mayor and Members of the City Council, April 17, 2013
Re: Cal-Am Slant Well Application to City of Marina (Coastal Development Permit 201205)

RELATED NEWS ARTICLE:
By KELLY NIX
Published: April 26, 2013

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