Saturday, June 29, 2013

MONTEREY PENINSULA GROUNDWATER REPLENISHMENT PROJECT (GWR PROJECT)

ABSTRACT:  The Monterey Regional Water Pollution Control Agency (MRWPCA) has formed a partnership with American Water Company and the Monterey Peninsula Water Management District in proposing a Groundwater Replenishment Project (GWR Project).  “A groundwater replenishment project would recharge the Seaside groundwater basin with high quality purified water. The project being considered is sustainable, drought-resistant and would improve and protect drinking water supplies. The GWR Project is in advanced planning stages, and has been expedited to be online by the Fall of 2016,” according to the Monterey Peninsula Groundwater Replenishment Project website.  Information and links to more information are presented.  The 30-day comment period for the NOTICE OF PREPARATION (NOP) OF AN ENVIRONMENTAL IMPACT REPORT FOR THE MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY’S PROPOSED GROUNDWATER REPLENISHMENT PROJECT closes at 5:00 PM on July 2, 2013.  Written comments can be submitted by mail, email and fax:
Monterey Regional Water Pollution Control Agency
Administration Office
ATTN: Bob Holden, Principal Engineer
5 Harris Ct., Bldg. D
Monterey, CA 93940
By Email: gwr@mrwpca.com
By Fax: (831) 372-6178
  
PROJECT OVERVIEW

Proposed Project Overview 

The proposed Monterey Peninsula Groundwater Replenishment Project (GWR Project) will recharge the Seaside groundwater basin with high quality purified water. The project is sustainable, drought-resistant and will improve and protect drinking water supplies. The project is in advanced planning stages and has been expedited to be online by the fall of 2016 and cost less than $3,000/Acre-Foot.


The proposed Monterey Peninsula Groundwater Replenishment for the Monterey Peninsula Water Supply Project is to be modeled after the highly successful Orange County Groundwater Replenishment System (GwRS) which has safely provide purified water for 35 years.

MRWPCA’s treated water would be put through an additional three-step Advanced Water Treatment (AWT) purification process of microfiltration (MF), reverse osmosis (RO), and oxidation with ultra violet light (UV) and hydrogen peroxide (H2O2)


Up to 3,700 acre-feet per year would be made available by the Project

What is the Proposed Groundwater Replenishment Project?
The Monterey Regional Water Pollution Control Agency (MRWPCA), like many other agencies in California, is studying ways to fully reuse its wastewater. Under the planned scenario, treated wastewater will be further purified using advanced treatment processes. This water would then percolate or filter through the soil naturally into the aquifer, just like rainwater. This process "recharges" or helps replenish the aquifer while safeguarding it from seawater intrusion.

Monterey Peninsula Groundwater Replenishment (GWR) Project
ENVIRONMENTAL IMPACT REPORT SCOPING MEETING
Tuesday, June 18, 2013


 PROPOSED PROJECT IN YOUR AREA
As project lead Agency, the Monterey Regional Water Pollution Control Agency (MRWPCA), is preparing an Environmental Impact Report (EIR) for its proposed Monterey Peninsula Groundwater Replenishment (GWR) Project. The GWR Project would create a reliable source of replacement water supply by taking highly - treated water from a new advanced water treatment plant, and recharging the Seaside Groundwater Basin (or Seaside Basin) with the treated water using a series of shallow and deep injection wells. Once recharged into the Seaside Basin, the treated water would mix with groundwater present in the aquifer and be stored for future use.
The primary purpose of the GWR Project is to provide 3,500 acre-feet per year (AFY) of high quality replacement water to California American Water Company (Cal-Am) for delivery to customers in their Monterey District service area, thereby enabling Cal-Am to reduce its diversions from the Carmel River system by this same amount.
The public is encouraged to review and comment on the scope of environmental issues as well as alternatives and mitigation measures which should be explored in the Draft EIR.

YOU CAN COMMENT ON THE PROJECT EIR
Participants are encouraged to submit written comments, and comment forms will be supplied at the scoping meeting. Written comments may also be submitted anytime during the NOP scoping period to the mailing address, fax number, or email address listed below:

By Mail:
Monterey Regional Water Pollution Control Agency
Administration Office
ATTN: Bob Holden, Principal Engineer
5 Harris Ct., Bldg. D
Monterey, CA 93940

By Email: gwr@mrwpca.com

By Fax: (831) 372-6178

The 30-day comment period closes at 5:00 PM on July 2, 2013.

Friday, June 28, 2013

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES July 1, 2013

AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
July 1, 2013

DRAFT MINUTES, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
July 1, 2013

Seven Noteworthy 2 July 2013 City Council Agenda Items

AMENDED City Council Agenda 07-02-13
AMENDED AGENDA
Regular Meeting
Tuesday, July 2, 2013
VII. Consent Calendar
L. Consideration of a Resolution entering into an agreement with SCC Inc. for the operation of the Sunset Cultural Center

ABSTRACT: Seven Noteworthy 2 July 2013 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement to form the Monterey Regional Storm Water Management Program (MRS WMP), Authorize approval of Auto/Mutual Aid agreement with American Medical Response (AMR), Consideration of a Resolution entering into a two-year agreement with SCC Inc. for the operation of the Sunset Cultural Center, Authorize the Mayor to send a letter to the Governor in support of the State maintaining the requirements of the Public Records Act and Consideration of an Ordinance amending Municipal Code Sections 17.42 and 17.43 to revise requirements pertaining to the prevention of storm water pollution, are presented. Supporting materials are embedded.

CITY OF CARMEL-BY-THE-SEA

Regular Meeting
Tuesday, July 2, 2013
4:30 p.m., Open Session

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues


II. Roll Call

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

    1. Public Employee Performance Evaluation- Gov't. Code Section 54957.
Title: City Administrator.

C. Announcements from City Administrator.

  1. Community Planning & Building Director recruitment update
VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

I. Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement to form the Monterey Regional Storm Water Management Program (MRS WMP).


K. Authorize approval of Auto/Mutual Aid agreement with American Medical Response (AMR).

CONTINUED

L. Consideration of a Resolution entering into a two-year agreement with SCC Inc. for the operation of the Sunset Cultural Center.

Proposed AGREEMENT Between City and SCC July 1, 2013
AGREEMENT between CITY OF CARMEL-BY-THE-SEA,A Municipal Corporation
And SUNSET CULTURAL CENTER, A California Nonprofit Corporation
July 1, 2013

M. Authorize the Mayor to send a letter to the Governor in support of the State maintaining the requirements of the Public Records Act.

Public Records Act Memo 07-02-13

VIII. Orders of Council

B. Consideration of an Ordinance amending Municipal Code Sections 17.42 and 17.43 to revise requirements pertaining to the prevention of storm water pollution. (First Reading)

Ordinance Amending Municipal Code Sections 17.42 and 17.43 07-02-13 

CARMEL-BY-THE-SEA CITY COUNCIL: Tour, Closed Session and Public Workshop 1 July 2013

CARMEL-BY-THE-SEA CITY COUNICL

Tour, Closed Session and
Public Workshop

Monday, July 1, 2013- 4:00 p.m.,
with workshop to follow at 5:30 p.m.
Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues

ABSTRACT:  On Monday, July 1, 2013, the Carmel-by-the-Sea City Council is scheduled to conduct a Tour and Closed Session beginning at 4:00 P.M. and a Public Workshop at 5:30 P.M. Subject: Water Supply Planning & Issues. The Tour, Closed Session and Public Workshop Agenda document is embedded.

CARMEL-BY-THE-SEA CITY COUNCIL
Tour, Closed Session and Public Workshop
Monday, July 1, 2013

MINUTES for Five Noteworthy 4 June 2013 City Council Agenda Items

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 4, 2013

II. PRESENT: Council Members Beach, Hillyard, Talmage, Theis & Mayor Burnett
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Assistant City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Paul Tomasi, Police Commander
Sharon Friedrichsen, Director of Public Services
Marc Wiener, Interim Senior Planner

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session.

1. Potential Litigation - Government Code Section 54956.9 - Conference with legal counsel regarding potential litigation – two (2) matters.

2. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

3. Property Negotiations – Government Code Section 54956.8, Property strategy negotiations regarding the lease of Flanders Mansion (APN 010-061-005).

4. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

5. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Alan Williams regarding the Odello Ranch Property.

City Attorney Don Freeman indicated that there was one announcement from closed session. Mayor Burnett announced that a water rights discussion was in process for the Odello Property.

C. Announcements from City Administrator.

1. Report from workshop: Emergency Preparedness Planning
City Administrator Stilwell gave the report from the workshop

2. Monterey County Commission on Disabilities
There was no report at the representative was not in attendance.

3. Trash can design and location
City Administrator Stilwell presented the report.

4. Community Planning & Building Director recruitment update
The recruitment update was provided by the City Administrator.

5. Budget hearings: June 11, 2013 and June 18 (if necessary)
City Administrator Stilwell noted the budget hearings and where the budget may be accessed.
  
VII. CONSENT CALENDAR

E. Consideration of a Resolution awarding a construction contract to Nor-Cal Contractors, the lowest responsive bidder, in the amount of $319,800 for the Urban Runoff Diversion Project.

Council Member Beach asked for clarification of a component of Item E. Mayor Burnett pulled Item E. for further discussion.

Mayor Burnett opened the meeting to public comment at 5:52 p.m.

Barbara Livingston addressed the Council regarding storm water retention ponds integrated into repaving projects.

The meeting was closed to public comment at 5:54 p.m.

Council Member TALMAGE moved to approve Consent Agenda Item E, seconded by Council Member BEACH and carried unanimously.

VIII. ORDERS OF COUNCIL

A. Consideration of an appeal of the Planning Commission’s decision to deny a single family residence at a site located in the multi-family residential (R-4) District (Blk 48, Lot 19). The appellants are Peter Kimball and Kathy Campbell.

Interim Senior Planner Marc Wiener presented the staff report.

Mayor Burnett and the Council Members noted that they had all been contacted by the Chair of the Planning Commission and Council Member Beach noted an additional Planning Commissioner had contact her as well.

Public Safety Director Calhoun answered Council questions.

Peter Davis, architect for the appellants, addressed Council.

Mayor Burnett opened the meeting to public comment at 6:32 p.m.

Barbara Livingston addressed Council.

Mayor Burnett then closed the meeting at 6:34 p.m.

Council Member THEIS moved to approve the appeal, seconded by HILLYARD and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

B. Consideration of water entitlement for a property located in the Service Commercial (SC) District on the southeast corner of Dolores and Seventh.

Council Member Talmage and City Attorney Don Freeman recused themselves and left the room as they live or own property within 500 feet of the project.

Interim Senior Planner Marc Wiener provided the staff report.

Attorney Brian Finegan clarified issues regarding water transfers and the legal process required to move forward.

Mayor Burnett opened the meeting to public comment at 7:16 p.m.

Attorney Anthony Lombardo, Applicant Jeff Peterson, Rich Pepe and Ethan Hear addressed Council.

The meeting was closed to public comment by Mayor Burnett at 7:37 p.m.

Brian Finegan and Anthony Lombardo answered Council questions.

Mayor Burnett recessed the meeting at 8:25 p.m. and reconvened it at 8:40 p.m.

Council Member HILLYARD moved to adopt a Resolution of Intent to determine that the Applicant has an equitable right to the use of the Le Towt and Spinning Wheel water transfer credits in a sufficient amount to meet the needs of the Project; based upon the premise that the current Project is a derivative or continuation of the Plaza Del Mar project, having similar ownership, and
following the direction of the City council to return with a revised project that preserves the historical status of the building, and subject to a recommendation of the Planning Commission for an amendment of the Water Allocation Resolution allocating sufficient water to the commercial category to serve the Project. The Council directs the Planning Commission to consider an
amendment to the Water Allocation Resolution adding the Le Towt water and transferring sufficient water from the Le Towt transfer and the Spinning Wheel transfer to the commercial category to supply the Project. The matter will be returned to the City Council to consider a) adoption of the amended Water Allocation Resolution; b) adoption of findings; c) pre-commitment of water to the Project; and d) approval of the use permit seconded by Council Member
THEIS and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN: COUNCIL MEMBERS: TALMAGE

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING RESETTING PREHEARING CONFERENCE DATE, CIRCULATING ERRATA SHEET AND EXTENDING SETTLEMENT SUBMISSION DATE

ABSTRACT:  Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, ADMINISTRATIVE LAW JUDGE’S RULING RESETTING PREHEARING CONFERENCE DATE, CIRCULATING ERRATA SHEET AND EXTENDING SETTLEMENT SUBMISSION DATE document, including ATTACHMENT A, is embedded. Importantly, IT IS RULED that
1. The Attachment A errata sheet hereby replaces page 7 of the May 30, 2013 Administrative Law Judge’s Ruling After Evidentiary Hearings.
2. The email ALJ ruling of June 11, 2013 that granted the joint request for an extension from June 14 to June 28, 2013 for the submission date of a settlement proposal for issues not related to groundwater replenishment is hereby memorialized but mooted by a new extension.
3. In response to the request of seventeen Parties and for good cause shown, and to memorialize my email ruling of June 25, 2013, the previously set June 28, 2013 date for submission of a settlement proposal is vacated and July 31, 2013 is the new submission date. It is unlikely that adequate grounds would be found to exist for any further extension of the settlement submission date.

Filing Date 06-28-13

Wednesday, June 26, 2013

Proceeding Number A.12-04-019 NOTES FROM JUNE 12, 2013 GROUNDWATER REPLENISHMENT PROJECT (“GWR”) WORKSHOP

ABSTRACT:  Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, NOTES FROM JUNE 12, 2013 GROUNDWATER REPLENISHMENT PROJECT (“GWR”) WORKSHOP document, including ITEMS 1 – 8, is embedded. Workshop Participants included Regional Water Authority (“RWA”), Monterey Resources Water Pollution Control Agency (“MRWPCA”), California American Water (“CAW”), Monterey Peninsula Water Management District (“MPWMD”), Landwatch, Surfrider, Planning and Conservation League (“PCL”), Coalition of Peninsula Businesses (“CPB”), Monterey County Farm Bureau, Division of Ratepayer Advocates (“DRA”), Citizens for Public Water (“CPW”), Salinas Valley Water Coalition (“SVWC”), Public Trust Alliance (“PTA”), Perc Water Corp., Marina Coast Water District, Environmental Science Associates, WaterPlus, APT Water, Monterey County Association of Realtors and Brezack & Associates Planning.

NOTES FROM JUNE 12, 2013 GROUNDWATER REPLENISHMENT PROJECT (“GWR”) WORKSHOP

Friday, June 21, 2013

SEARCH WARRANT AFFIDAVIT Warrant No. 7682

ABSTRACT: The STATE OF CALIFORNIA – COUNTY OF MONTEREY RETURN FOR SEARCH WARRANT, signed by Officer Rachelle Lightfoot on June 13, 2013, and the SUPERIOR COURT OF CALIFORNIA County of Monterey SEARCH WARRANT, signed by the Honorable Judge Robert O’Farrell on June 5, 2013, filed June 13, 2013, Warrant No. 7682 documents are embedded. Evidence type (Penal Code § 1524) “Property or things used as a means of committing a felony” and “Property or things that are evidence that tends to show a felony has been committed, or tends to show a particular person has committed a felony.” Forensic Examiner Mark Alcock was hired by the City and began his investigation of IT Manager Steve McInchak on March 6, 2013. Based on his training and experience and forensic exam, it was his opinion that McInchak was in violation of California Code Section 502. Alcock cited the following sections:
• 502 PC: "Where the law was enacted to protect the integrity of all types and forms of lawfully created computers, computer systems, and computer data that was vital for the protection of the privacy of individuals as well as to the well being of financial institutions, business concerns and governmental agencies."
502 (c)(2) PC: "Knowingly accesses and without permission, takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network."
• 502 (c )(7) PC: "Knowingly and without permission accesses or causes to be accessed any computer, computer system or computer network."
Moreover, “the information systems manager was to act under administrative direction, and that the use of access codes of other employees to gain access to their e-mail and phone messages, or any computer account was prohibited except by management. Mclnchak's position was not considered a management position.” The District Attorney’s Office will make its decision to not charge or charge, as a misdemeanor or felony, McInchak based on Carmel Police Department investigative reports and/or analysis of seized items.
 
  
STATE OF CALIFORNIA- COUNTY OF MONTEREY 
RETURN FOR SEARCH WARRANT &
SEARCH WARRANT

RELATED NEWS ARTICLE:
-         Alleges he copied private files
By MARY SCHLEY, The Carmel Pine Cone
Published: June 21, 2013

ADDENDUM:
INFORMATION SYSTEMS NETWORK MANAGER Job Description & POLICY NO. C03-01


City Organizational Structure
Source: City of Carmel-by-the-Sea, California
Fiscal Year 2013-2014
Proposed Operating Plan & Budget
May 7, 2013

Monday, June 17, 2013

‘Warrant: Carmel IT manager accessed employees' personal files’

UPDATE:
Carmel search warrant affidavit alleges illegal access to sensitive files 
By ANDY STINY Herald Correspondent, 06/17/2013
Highlight Excerpts:
Carmel's information technology manager illegally downloaded an employee's performance evaluation, data about an employee's medical procedure, the pay scales of every police officer in the city and emails belonging to the mayor, police chief and fire chief, documents connected to a search warrant of his home allege.
Carmel information technical systems manager Steve McInchak has not been charged. His attorney, Richard Rosen, said last week that McInchak was doing what his job authorized him to do.
The documents do not specifically say who, or what, led city officials to hire Alcock.
The search warrant includes a provision that allows the devices seized from McInchak's home to be searched at the district attorney's office or another law enforcement facility and it notes this could take "a great deal of time" requiring special equipment and software.


Carmel City IT Employee Faces Felony Charges

Posted: Jun 17, 2013 6:07 PM PDT Updated: Jun 17, 2013 6:15 PM PDT
By Marissa Pendergrass

ABSTRACT:  Information from KSBW.com, MONTEREY COUNTY WEEKLY and The Monterey County Herald are presented concerning Carmel IT Manager Steve McInchak, including Excerpt Highlights and links to news articles.


Warrant: Carmel IT manager accessed employees' personal files


By Felix Cortez, KSBW.com ACTION NEWS 8
3:06 PM PDT Jun 17, 2013
Excerpt Highlights:
The search warrant states that Mcinchak illegally accessed employees' personal files by using their usernames and passwords. He then downloaded personal files onto his computer.
When police searched his home last week, investigators hauled away a laptop, personal computer, two thumb drives, and a couple of CDs, according to the search warrant.

Posted: Monday, June 17, 2013 1:40 pm | Updated: 3:47 pm, Mon Jun 17, 2013. Sara Rubin 
Excerpt Highlights:
A forensic computer investigator uncovered sensitive files on McInchak's computer, including medical information; emails sent between the city administrator and city council members obtained by accessing City Councilwoman Victoria Beach's email accounts; and the pay scale of all police officers and a code enforcement officer.
Carmel Police Cmdr. Paul Tomasi declined to comment because it's an ongoing investigation. He says they expect to be able to turn over their findings to the District Attorney within about two weeks.
McInchak could face felony charges. He's currently on administrative leave. 

Andy Stiny, Herald Correspondent, 06/17/2013
Excerpt Highlights:
Documents supporting a search warrant allege Carmel tech systems manager Steve McInchak illegally downloaded sensitive computer files and emails of high-ranking Carmel city officials.

The computers were taken to the Monterey County District Attorney's Office and it could take some time to examine those, according to the affidavit.

Saturday, June 15, 2013

Administrative Services Director Susan (Sue) Paul & Linda Macdonald, Molly Laughlin, Art Black, Tim Meroney, Steve McInchak, Rose Franzen and John Hanson

ABSTRACT: Since City Administrator Jason Stilwell hired former County of Santa Barbara Co-Assistant County Executive Officer Susan Paul as administrative services director, City of Carmel-by-the-Sea, Paul has been involved in the firing of children’s librarian Linda Macdonald, the employment departure of Deputy City Clerk Molly Laughlin, the suspension of an agreement with former Fire Marshall Art Black and retired Building Official Tim Meroney and most recently the paid administrative leaves of Information Technology Manager Steve McInchak, Computer Tech Rose Franzen and Building Official John Hanson. Additionally, Paul wrote the RFQ for the management of the Sunset Center about thirteen months after the City Council directed City Administrator Jason Stilwell to negotiate with Sunset Cultural Center, Inc. (SCC) on a new contract and about one month prior to the expiration of SCC’s current contract. REFERENCES with links to news articles are provided, including two news articles regarding an “errant e-mail” “deriding a union” written by then-Orange County Chief of Employee Relations Susan Paul in 2001.

REFERENCES:
-         Police refuse to talk, citing 'personnel matter'
By MARY SCHLEY, The Carmel Pine Cone
Published: June 14, 2013

Police mum on nature of probe
By VIRGINIA HENNESSEY Herald Staff Writer, 06/14/2013

By MARY SCHLEY, The Carmel Pine Cone
Published: May 17, 2013

By MARY SCHLEY, The Carmel Pine Cone
Published: April 26, 2013

-         No explanations offered
By MARY SCHLEY, The Carmel Pine Cone
Published: March 29, 2013

IN THE NEWS
County And Municipal Employees American Federation Of State
Orange County | IN BRIEF / COUNTYWIDE
July 10, 2001|From Times Staff Reports

Talks: Welfare workers receive critical message as contract expiration nears. County says it was an honest mistake.
June 07, 2001|JENNIFER MENA | TIMES STAFF WRITER

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT AGENDA & MINUTES June 19, 2013


AGENDA PACKET, REGULAR MEETING
GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
June 19, 2013

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING CANCELLATION NOTICE June 17, 2013



CANCELLATION NOTICE, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
June 17, 2013

California Penal Code Part 1. Of Crimes and Punishments Title 13. Of Crimes Against Property Chapter 5. Larceny [Theft] § 502. Unauthorized access to computers, computer systems and computer data


 UPDATED 6:30 PM PDT Jun 14, 2013


Home of Carmel City Employee Searched By Police
Posted: Jun 14, 2013 5:36 PM PDT Updated: Jun 14, 2013 5:36 PM PDT
By Marissa Pendergrass 

ABSTRACT: CARMEL POLICE officers, as well as Chief Mike Calhoun and administrative services director Susan Paul, walked into the Carmel Valley home of the city’s IT manager, Steve McInchak, and his wife last Wednesday evening to serve a search warrant seeking evidence in a possible criminal case against the longtime city employee” and “a case opened at the same time, 5:17 p.m., refers to California Penal Code section 502(c)(2): unauthorized use of a computer, at Vista Lobos, where McInchak’s office is located,” according to reporting in The Carmel Pine Cone. McInchak and full-time computer tech Rose Franzen are on paid administrative leave from the city, pending internal investigations. Additionally, John Hanson, Building Official, is also on paid administrative leave. California Penal Code Part 1. Of Crimes and Punishments Title 13. Of Crimes Against Property Chapter 5. Larceny [Theft] § 502. Unauthorized access to computers, computer systems and computer data document is embedded; California Penal Code section 502(c)(2) states (c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense: (2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. REFERENCES are provided with Excerpt Highlights. Salinas criminal defense attorney Richard Rosen represents IT Manager Steve McInchak and is quoted in The Monterey County Herald news article. 
 

California Penal Code
Part 1. Of Crimes and Punishments 
Title 13.  Of Crimes Against Property 
Chapter 5.  Larceny [Theft] 
§ 502. Unauthorized access to computers, computer systems and computer data

REFERENCES:
-  Police refuse to talk, citing 'personnel matter'
By MARY SCHLEY, The Carmel Pine Cone, June 14, 2013
Excerpt Highlights:
CARMEL POLICE officers, as well as Chief Mike Calhoun and administrative services director Susan Paul, walked into the Carmel Valley home of the city’s IT manager, Steve McInchak, and his wife last Wednesday evening to serve a search warrant seeking evidence in a possible criminal case against the longtime city employee.
McInchak and full-time computer tech Rose Franzen are also on paid administrative leave from the city, pending internal investigations.
While CPD’s log of calls provided to The Pine Cone for its weekly sheriff’s log did not include the search, a case opened at the same time, 5:17 p.m., refers to California Penal Code section 502(c)(2): unauthorized use of a computer, at Vista Lobos, where McInchak’s office is located. It contained no other information.
Since her arrival at the city, Paul — who worked for Santa Barbara County, as did Stilwell — has been examining contracts and scrutinizing the workforce. She was present when Linda Macdonald, who worked in the children’s library, was fired in March, around the same time assistant city clerk Molly Laughlin disappeared from city hall.
During her tenure as assistant county chief executive officer and human resources director for Santa Barbara County, Paul was one of the defendants named in a hostile-workplace and wrongful-termination lawsuit in which a former employee sued the county and was awarded $431,000 by a jury.

Police mum on nature of probe
By VIRGINIA HENNESSEY Herald Staff Writer, 06/14/2013
Excerpt Highlights:
Salinas defense attorney Richard Rosen said McInchak was placed on paid administrative leave May 31 and told only that there was an investigation. On June 5, Carmel police detectives searched his Carmel Valley home.
Carmel computer technician Rose Franzen is also on paid leave, a source confirmed.
A probable cause affidavit explaining the reasons for the search warrant was not available from Monterey County Superior Court on Friday. Nor was the search warrant return listing the items seized.
Rosen suggested one of the city officials may be behind the investigation.

Thursday, June 13, 2013

Clint and Margaret Eastwood Trust, California American Water Company & State Water Resources Control Board: Eighty-Five Acre-Feet Per Year of Water

ABSTRACT:  To supplement recent news articles, namely Clint Eastwood, Cal Am in talks on water rights Actor would loan utility right of 85 acre-feet a year (The Monterey County Herald), ENVIRONMENT NEWS Big Sur Land Trust Restoration Project Hitches on Clint Eastwood Water Rights (MONTEREY COUNTY WEEKLY) and Eastwood donation, BSLT plan promise flood and water shortage relief (The Carmel Pine Cone), information from Phillip Crader, Manager, Permitting and Licensing Section, Division of Water Rights, State Water Resources Control Board is presented. The State Water Board’s License for Diversion and Use of Water to the Clint Eastwood and Margaret Eastwood Trust, Dated NOV 01 2012, as referenced in the MCW article (“…Eastwood, envisioning a park, donated 49 acres and accompanying water rights to Big Sur Land Trust, with plans to eventually donate the rest.  That left Eastwood with about 81 acres, some of which he’s using for pasture. Last November, the State Water Board granted him license to divert about 132 acre-feet for irrigation.”), is embedded. The second phase involving the Eastwood Trust filing change petitions requesting that its water right license be split; part for use on existing lots of record in the portion of the Cal-Am service area in the Carmel Valley, as referenced in The Monterey County Herald article ("Williams said the plan is to finalize a deal with Cal Am and submit a petition to the state water board as soon as next week requesting permission to transfer the water right from the Odello parcel for use in Carmel and Carmel Valley"), and part for permanent dedication to instream flows, as referenced in The Carmel Pine Cone article ("60 will stay on the property so the BSLT can keep some of the land either in farming or grazing. Another 45 acre-feet will be no longer be pumped, so it can stay in the river. And the rest — about 85 acre-feet — will be contracted to Cal Am"), has not yet occurred due to the Eastwood Trust not yet having filed change petitions with the Division of Water Rights.

“The State Water Board, Division of Water Rights worked with the Eastwood Trust and Big Sur Land Trust on the permanent transfer of a portion of the Eastwood Trust water right to the Big Sur Land Trust.  This was done to provide the Big Sur Land Trust with water for its operations.  The approval process for this portion of the project is complete,” according to Phillip Crader, Manager, Permitting and Licensing Section, Division of Water Rights, State Water Resources Control Board.
 

STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
APPLICATION 30497B PERMIT 20905B LICENSE 13868
Clint Eastwood and Margaret Eastwood Trust
Dated: NOV 01 2012

…the second phase of the project, the Eastwood Trust will permanently donate land to the Big Sur Land Trust.  The donation of land does not require State Water Board approval.  The Eastwood Trust will also file change petitions requesting that its water right license be split; part for use on existing lots of record in the portion of the Cal-Am service area in the Carmel Valley, and part for permanent dedication to instream flows.  This action will require State Water Board approval.  The change petitions requesting authorization of the next phase of the project have not yet been filed with the Division of Water Rights,” according to Phillip Crader, Manager, Permitting and Licensing Section, Division of Water Rights, State Water Resources Control Board.

REFERENCES:
Actor would loan utility right of 85 acre-feet a year
By JIM JOHNSON Herald Staff Writer, 06/12/2013
Excerpt Highlights:
Clint Eastwood is working on a deal to alleviate the Monterey Peninsula's immediate water shortage and provide more water for Carmel-area development in the future.
Eastwood representative Alan Williams confirmed Wednesday that negotiations are underway with California American Water on an agreement to loan the utility a water right of 85 acre-feet per year for use on the Peninsula until a proposed new water supply project is online. The water right is from an 80-acre parcel near the Carmel River designated for a floodplain restoration project.
Williams said the plan is to finalize a deal with Cal Am and submit a petition to the state water board as soon as next week requesting permission to transfer the water right from the Odello parcel for use in Carmel and Carmel Valley.
When, and if, the state water board approves the water transfer proposal, Eastwood could finalize the Odello property donation to the Big Sur Land Trust for the floodplain restoration project. The project includes removing a levee, widening the floodplain and restoring the riparian and wetland habitat, and adding a second causeway, or outlet, under the Highway 1 bridge into the lagoon.

Posted: Thursday, June 6, 2013 12:00 am |Updated: 1:17 pm, Thu Jun 6, 2013.
Kera Abraham MONTEREY COUNTY WEEKLY
Excerpt Highlights:
The artichoke-farming Odello family sold the 130-acre parcel to Eastwood in the late 1990s. It was zoned for subdivision, Carmel Development Company President Alan Williams says. But Eastwood, envisioning a park, donated 49 acres and accompanying water rights to Big Sur Land Trust, with plans to eventually donate the rest.
That left Eastwood with about 81 acres, some of which he’s using for pasture. Last November, the State Water Board granted him license to divert about 132 acre-feet for irrigation.
Eastwood aims to loan about 85 acre-feet to California American Water for use in Carmel and Carmel Valley – at least until the proposed desalination plant is online, says Williams, representing the Eastwood Trust. The donation “could be enough to keep the Monterey Peninsula from going into rationing,” he adds.
Eastwood hopes to eventually sell the 85 acre-feet and retire the rest, Williams says. The application to split the water license, he adds, is all that’s standing between BSLT and its restoration project. “Once I get the water use, I can make a gift of the property,” he says. “I don’t think it’s anything that can’t be fixed.”

By PAUL MILLER Published: June 7, 2013
Excerpt Highlights:
More than 190 acre-feet of water has been used every year on the land for grazing and row crops, he added. Of that, 60 will stay on the property so the BSLT can keep some of the land either in farming or grazing. Another 45 acre-feet will be no longer be pumped, so it can stay in the river. And the rest — about 85 acre-feet — will be contracted to Cal Am to supplement the Monterey Peninsula’s legal supply during the looming crunch, and then made available to private property owners who need it for additions to homes, infill development and business expansions.

Posted: Thursday, January 29, 1998 12:00 am | Updated: 3:46 am, Sat May 18, 2013.
By Richard Pitnick | MONTEREY COUNTY WEEKLY

ADDENDUM:
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
ORDER WR 2009-0060
In the Matter of the Unauthorized Diversion and Use of Water
by the California American Water Company


14.2 Efforts by Cal-Am to Comply with Condition 2 of Order 95-10
Cal-Am has gone forward on several projects, including: (1) gathering information for seeking approval of Cal-Am’s water right Application 30215A, an application to appropriate up to 2,964 afa from the Carmel River; (2) negotiations seeking to obtain a temporary water supply from (a) the Margaret Eastwood Trust and Clint Eastwood from the Odello well fields and (b) water rights associated with the Rancho Cañada Golf Course; (3) a negotiated agreement to temporarily obtain water surplus to the needs of Sand City from the desalinization plant being built by the city; and (4) implementation of Phase I of the Aquifer Storage and Recovery project (ASR). (CAW-029, p. 3, 17- p. 4, 5; p. 4, 24 - p. 5,17.) Cal-Am’s failure to complete negotiations to obtain a temporary water supply from the Eastwood Trust, Odello well fields and from the Rancho Cañada Golf Course is not explained.

16.7 Small Projects
Cal-Am introduced evidence that it had entered into negotiations to obtain a temporary supply of water from the Margaret Eastwood Trust and Clint Eastwood from the Odello well fields and from the Rancho Canada Golf Course. Cal-Am’s failure to complete negotiations was not explained. (See section 14.2, ¶ 5, supra.) Other small projects that could provide a temporary supply of water may also be available. The addition of temporary small water supply projects would reduce Cal-Am’s need to illegally divert water from the river. We conclude that Cal-Am should be required to develop small projects to provide a temporary supply of water for its customers and to reduce the illegal diversions from the river.

Wednesday, June 12, 2013

PUBLIC WATER NOW Sponsors Town Hall Meeting “Why Buy Cal-Am?”

WHO: PUBLIC WATER NOW & Panel of Speakers, “Food and Water Watch” Guest Speaker & Audience

WHAT:  Town Hall Meeting
Topics include:
Why buy Cal-Am and why now?
What do Cal-Am’s Profit and Loss statement reveal?
How can Cal-Am be compelled to sell?
Can we afford to buy Cal-Am?
Vision of the Peninsula under Public Ownership

WHEN:  Wednesday, June 19, 2013 @ 7:15 P.M.

490 Aguajito Road, Carmel, CA.  93923.

NOTE: Admission Free, Parking Available

Monday, June 10, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES June 13, 2013

AGENDA PACKET, REGULAR MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
June 13, 2013

DRAFT MINUTES, REGULAR MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
June 13, 2013

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT REGULAR MEETING AGENDA & MINUTES June 13, 2013

AGENDA PACKET, REGULAR MEETING
GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
June 13, 2013


FINAL MINUTES, REGULAR MEETING
GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT

June 13, 2013

DRAFT MINUTES, REGULAR MEETING
GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
June 13, 2013

Friday, June 07, 2013

City Council Special Budget Hearing 11 June 2013: $18.2 Million Proposed Fiscal Year 2013/2014 Operating Plan & Budget


SPECIAL CITY COUNCIL MEETING AGENDA PACKET
Tuesday, June 11, 2013

ABSTRACT:  The City Council is scheduled to conduct a Special Council Budget Hearing on Tuesday, June 11, 2013 at 4:30 P.M, City Hall, East side of Monte Verde Street between Ocean and Seventh Avenue. The City of Carmel-by-the-Sea, California Fiscal Year 2013-2014 Proposed Operating Plan & Budget (May 7, 2013) document is embedded. The EXECUTIVE SUMMARY states, in part, as follows:
The Fiscal Year 2013-2014 operating plan, including the recommended budget, is submitted for your consideration, possible amendment, and adoption. This document serves as a policy document, financial plan, operations guide, and communications device. It includes seven sections. First, this budget message which includes an executive summary, five-year financial forecast, city goals and objectives and the policy planning and management system in place to meet the goals and objectives, and discussion of key issues affecting the budget. Second, a statistical section describing the organization, our community, and population; this information provides context for the upcoming fiscal year. Third, a summary section providing summary schedules of the proposed budget including revenue, expenditure, staffing, and debt service summaries. The fourth section includes the department pages describing the operations, proposed budget, staffing, goals and objectives, and performance data for each department. Fifth, the proposed capital expenditures and description of projects. The sixth section includes the City’s financial policies. The final section is a glossary of terms and acronyms. The budget document is geared toward providing clear and transparent information in a format that explains the link between City Council objectives and departmental operations.
The proposed budget is an $18.2 million operating plan and is balanced. The proposed budget grows by $3.2 million from the prior year budget mostly as a result of the voter approved one-percent sales tax increase (Measure D). This additional funding is allocated in accordance with the Service Level Sustainability Plan identified by the City Council and presented to voters prior to the election. That plan, which this proposed budget comports with, calls for using additional Measure D funding for priority services, deferred maintenance of infrastructure and roads, capital investment, debt repayment, and stabilization of reserves. Capital investment is less than what was proposed in the Capital Improvement Plan but includes the additional $292,100 for street and road repair as directed by the City Council when reviewing the Capital Improvement Plan. Staffing grows by 4.03 full-time equivalent employees. The primary reason for the proposed staff is to meet the requirements of completing 44% more capital improvements, in dollar terms, and twice the number of projects than in the prior year.
 

City of Carmel-by-the-Sea, California
May 7, 2013

Wednesday, June 05, 2013

Carmel Art Association Presents TWO-PERSON SHOW “TWO VIEWS:” CHRISTINE CROZIER & DIANE WOLCOTT, GALLERY SHOWCASE: JOSEPH NORDMANN’S “VIEWS OUTDOORS” & HOWARD R. PERKINS AND NEW MEMBER SHOW: ROBERT MCINTYRE & CHRIS SAWYER


Carmel Art Association Mission Statement: 
The Association exists to provide its members with a permanent art gallery, to advance knowledge of, and interest in the arts, and to create a spirit of cooperation and fellowship among artists and the community. 

A Proud Heritage: 
The legendary Carmel Art Association was formed on August 8, 1927 by a small group of artists who gathered at “Gray Gables,” the modest home/studio of Josephine Culbertson and Ida Johnson at the corner of Seventh and Lincoln in Carmel-by-the-Sea. These nineteen “pioneers”—who grew up in the 19th century and individually found their respective paths to Carmel from all corners of the world—each desired a greater sense of community, a spirit of collaboration, and a place to show their work. Before the meeting concluded, they had established an association with a mission “to advance art and cooperation among artists, secure a permanent exhibition space, and promote greater fellowship between artists and the public.” 

W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily
Open to the Public at No Charge

For more information, Online or (831) 624-6176.
  
Thursday, June 6 – Tuesday, July 2, 2013 


Carmel Art Association Presents TWO-PERSON SHOW “TWO VIEWS:” CHRISTINE CROZIER & DIANE WOLCOTT, GALLERY SHOWCASE: JOSEPH NORDMANN’S “VIEWS OUTDOORS” & HOWARD R. PERKINS AND NEW MEMBER SHOW: ROBERT MCINTYRE & CHRIS SAWYER

TWO-PERSON SHOW “TWO VIEWS:” CHRISTINE CROZIER & DIANE WOLCOTT

Artist Christine Crozier exhibits people in the landscape, oil paintings in a loose, spontaneous, impressionist style.  View twelve painting images (Page 1) including “Birds of a Feather,” “Tutu at the Beach,” “Can We Keep It,” “Big Sister,” “Hot Dog Stand,” “Ladies at the Beach,” “The Big Hat,” “Laundry Day,” “Where the Cottonwood Grew,” “Chama River II,” “Chama River I,” “Pedernal  and view fourteen painting images (Page 2) including “Ghost Ranch Cliffs,” “Abequiu Cliffs,” “Mission Ranch,” “Lupines and Poppies,” “Washing,” “Summer Opulence,” “Salinas River,” “Ready, Set, Go,” “Lemonade Stand,” “Head to Head Excavation,” “Day Dreams,” “At The Shore,” “Sisters” and “Too Cool For Anything.”

Artist Diane Wolcott exhibits children under the watch of playful nuns, whimsical and unique oils on canvas. View twelve painting images (Page 1) including “the Library,” “Lightning,” “Boston,” “The Beach,” “The Gallery,” “Ice Fishing,” “The Crossroads,” “Winter,” “School Room,” “Bicycle Nun,” “Next Time Think Ahead” and “The Aquarium” and view five painting images (Page 2) including  Will You Join Us Wendy,” “Our Last Chance,” “Fred’s Flower Market,” “Wagons West” and “Marathon.”

GALLERY SHOWCASE: JOSEPH NORDMANN’S “VIEWS OUTDOORS” & HOWARD R. PERKINS

Painter Joseph Nordmann  exhibits "Views Outdoors," oil paintings done mostly on location in California, Oregon and Nevada.  View nine painting images including “Impression,” “In Pacific Grove,” “Cul de Sac,” “Table Top Sailor,” “By Monterey Bay,” “At-Noyo,” “Near Aromas,” “Farmland, Utah.” and “The Way.”

Artist Howard R. Perkins exhibits Asilomar sunsets, studies in oil.  View twelve painting images (page 1) including “Pt. Pinos Fog Bank,” “Jewell Sunset #8,” “Last Light at Fog Bank,” “Jewel Sunset at Asilomar,” “Asilomar Sunset at Jewell 6,” “Jewel Sunset at Pacific Grove,” “Sunset at Asilomar,” “Pacific Grove in Fog,” “Asilomar Sunset at Pacific Grove,” “Fogbank at Twilight,” “Asilomar Sunset Series” and “Asilomar Sunset Series 2” and view eleven painting images (Page 2) including “Point Lobos East Grove,” “Pt. Lobos Morning at Whaler’s Cove 2,” “Pt. Sur Beach,” “Pt. Lobos Afternoon, Whaler’s Cove,” “Big Sur Coast Edge of the World 2,” “View From Rocky Point Big Sur,” “View of Pt. Sur,” “China Cove #3,” “Pt. Sur Light Station,” “Pt. Lobos Hidden Cove” and “Big Sur Surf Receding.”

NEW MEMBER SHOW: ROBERT MCINTYRE & CHRIS SAWYER


Artist Robert McIntyre exhibits abstract watercolors. View five mixed media and watercolor painting images including “Offramp VI,” “Offramp III,” “Offramp IV,” “Evening Sky” and “Untitled.”

Artist Chris Sawyer exhibits stone and wood sculptor.  View twelve images including “Three Sixty Five,” “Empty Suit Chair,” “Giraffe,” “Feast,” “Penguin & Chick,” “Nesting,” "Duality," “Pisci Dance,” “Mates,” “Big Bear,” “Brutus” and “Pelicano Blanco.”

Opening reception: Saturday, June 8, 2013, 5:00 P.M. - 7:00 P.M.

SPECIAL EVENT:
Painting Demonstration
Thursday, June 20, 2013, 6:00 P.M. Free
Christine Crozier and Diane Wolcott will give a talk about their show "Two Views" and about their unique approaches to painting the figure. Christine Crozier will also give an oil painting demonstration of the human figure.

ADDENDUM: