Marina panel rejects Cal Am water testingCouncil will consider appeal from mayors' group
By VIRGINIA HENNESSEY Herald Staff Writer, 02/07/2014
Highlight Excerpts:
The Marina City Council will meet in special session Wednesday after the city Planning Commission refused to play ball with California American Water and local mayors over water testing needed to advance the Peninsula water project.
In a 4-2 vote Thursday night, the commission rejected their staff's recommendation to allow Cal Am to take water samples from bore holes in wells on the Cemex property.
Marina's mayor said he has considered both sides, but not decided how he will vote. The Planning Commission appropriately looked at the issue narrowly, he said. But the impact of withdrawing four gallons of water is "so minuscule" compared to the "huge benefit to the community" that the big picture makes sense.
KENNETH TURGEN VICE-CHAIR
DEBRA DANIELS
MARGARET DAVIS
GENE DOHERTY
GREG FUREY
VIRGIL PIPER
ABSTRACT: Regarding, “Provide an interpretation of Marina Municipal Code (MMC) Section 17 .41.260, Surface Mining and Reclamation Standards, pursuant to a request by City Staff in accordance with MMC Section 17.56.0201,” the matter was originally before the City of Marina Planning Commission on January 23, 2013, at which time it was continued to the Commission's next meeting. February 6, 2014.
BACKGROUND: The City of Marina has received two separate requests by representatives of California American Water ("Cal Am") and the California Public Utilities Commission ("CPUC") to drill a total of five exploratory boreholes at the CEMEX mining site for the purpose of gathering information for the preparation of the Environmental Impact Report ("EIR") for the Monterey Peninsula Water Supply Project (MPWSP). That Project is Cal Am's proposed regional desalination project. CEMEX has authorized the drilling of the boreholes. The first three boreholes were for soil exploration only, and were treated by City Staff as an activity that is part of on-going "surface mining operations" of the CEMEX site. These boreholes have been drilled and refilled.
The final two proposed boreholes would involve not only soil boring, but also the extraction of a de minimus amount of water for a limited duration to determine its mineral content. Cal Am and CPUC submit that these final two exploratory boreholes should be treated the same as the prior soil extraction boreholes because the purpose is the same - namely, the examination of the minerals present in the extracted material, but in this case it will also include the extraction of a de minimus amount of water for water samples.
The Marina City Council will meet in special session Wednesday after the city Planning Commission refused to play ball with California American Water and local mayors over water testing needed to advance the Peninsula water project.
In a 4-2 vote Thursday night, the commission rejected their staff's recommendation to allow Cal Am to take water samples from bore holes in wells on the Cemex property.
Marina's mayor said he has considered both sides, but not decided how he will vote. The Planning Commission appropriately looked at the issue narrowly, he said. But the impact of withdrawing four gallons of water is "so minuscule" compared to the "huge benefit to the community" that the big picture makes sense.
Note: Planning Commissioners
DAVID BURNETT CHAIRPERSONKENNETH TURGEN VICE-CHAIR
DEBRA DANIELS
MARGARET DAVIS
GENE DOHERTY
GREG FUREY
VIRGIL PIPER
BACKGROUND: The City of Marina has received two separate requests by representatives of California American Water ("Cal Am") and the California Public Utilities Commission ("CPUC") to drill a total of five exploratory boreholes at the CEMEX mining site for the purpose of gathering information for the preparation of the Environmental Impact Report ("EIR") for the Monterey Peninsula Water Supply Project (MPWSP). That Project is Cal Am's proposed regional desalination project. CEMEX has authorized the drilling of the boreholes. The first three boreholes were for soil exploration only, and were treated by City Staff as an activity that is part of on-going "surface mining operations" of the CEMEX site. These boreholes have been drilled and refilled.
The final two proposed boreholes would involve not only soil boring, but also the extraction of a de minimus amount of water for a limited duration to determine its mineral content. Cal Am and CPUC submit that these final two exploratory boreholes should be treated the same as the prior soil extraction boreholes because the purpose is the same - namely, the examination of the minerals present in the extracted material, but in this case it will also include the extraction of a de minimus amount of water for water samples.
City Staff, the City Attorney, and the City's Special CEQA/Land Use Counsel concur with the interpretation, but desire to bring the matter forward for a formal interpretation by the Planning Commission pursuant to MMC Section 17.56.020 because of the public interest in this issue.
The Planning Commission's interpretation would guide the City's process for examining the final two proposed exploratory boreholes. If the Planning Commission agrees with the proposed interpretation of "surface mining operation," then no permit or approval from the City would be needed for the two fmal boreholes since the MMC exempts CEMEX from having to obtain permits to conduct its surfacing mining operation unless there are substantial changes made to the mining operations (MMC § 17.41.260.D.2.(d)). If the Planning Commission disagrees with the proposed interpretation of the M:MC, a Coastal Development Permit would be required for the final two boreholes.There is a SPECIAL Planning Commission Meeting on Monday, February 10, 2014. SPECIAL MEETING PLANNING COMMISSION Agenda Packets for January 23, 2014 and February 6, 2014 are embedded.
The Planning Commission's interpretation would guide the City's process for examining the final two proposed exploratory boreholes. If the Planning Commission agrees with the proposed interpretation of "surface mining operation," then no permit or approval from the City would be needed for the two fmal boreholes since the MMC exempts CEMEX from having to obtain permits to conduct its surfacing mining operation unless there are substantial changes made to the mining operations (MMC § 17.41.260.D.2.(d)). If the Planning Commission disagrees with the proposed interpretation of the M:MC, a Coastal Development Permit would be required for the final two boreholes.There is a SPECIAL Planning Commission Meeting on Monday, February 10, 2014. SPECIAL MEETING PLANNING COMMISSION Agenda Packets for January 23, 2014 and February 6, 2014 are embedded.
Case for public water
By GEORGE RILEY Guest commentary, 02/04/2014
City of Marina
AGENDA PACKET
SPECIAL MEETING
PLANNING COMMISSION
Thursday February 6, 2014
City of Marina
AGENDA PACKET
SPECIAL MEETING
PLANNING COMMISSION
Thursday, January 23, 2014
By GEORGE RILEY Guest commentary, 02/04/2014
City of Marina
AGENDA PACKET
SPECIAL MEETING
PLANNING COMMISSION
Thursday February 6, 2014
City of Marina
AGENDA PACKET
SPECIAL MEETING
PLANNING COMMISSION
Thursday, January 23, 2014
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