Thursday, July 30, 2015

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA & MINUTES July 29, 2015

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
SPECIAL MEETING AGENDA PACKET
July 29, 2015

MPRWA Minutes 7-29-15
DRAFT MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
July 29, 2015

Proceeding Number A.15-07-019 APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY (U-210W) FOR AUTHORIZATION TO MODIFY THE CONSERVATION AND RATIONING PLAN, RATE DESIGN, AND OTHER RELATED ISSUES FOR THE MONTEREY DISTRICT

ABSTRACT: Re: Application of California-American Water Company (U-210W) for Authorization to Modify Conservation and Rationing Rules, Rate Design, and Other Related Issues for the Monterey District, the APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY (U-210W) FOR AUTHORIZATION TO MODIFY THE CONSERVATION AND RATIONING PLAN, RATE DESIGN, AND OTHER RELATED ISSUES FOR THE MONTEREY DISTRICT document copy, including APPENDICES A-D, is embedded. 
Requests
• Modify the Monterey District Rule 14.1.1 to adjust the conservation and rationing rules to have fewer stages, be easier to implement in a timely manner, allow for rationing levels to be determined and noticed at the time of need, eliminate water banking, and limit the Plan to one stage of physical water rationing.
• Issue a decision by May 1, 2016 to eliminate all outdoor watering allotments from the rate design, consistent with the Governor’s Executive Order B-29-15, SWRCB Resolution 2015-0032, and Commission Resolutions.12
• Modify Monterey Main System residential rates to eliminate the residential surveys to set allotments, eliminate the individual allotment based rate design, allow greater recovery of fixed costs in the service charge, reduce the amount of subsidy on water consumed in Tier 1, reduce the ratio of the rate difference between the first and upper tiers, and use authorized 2014 annual residential consumption and 2014 usage by tier as the basis for the rate design.
• Revise the Low Income Credit Program to mitigate the rate impact on these customers due to the elimination of allotments.
• Revise the Monterey authorized rate case level of consumption to adopt the 2014 actual consumption by tier for all Monterey Main System customers.
• Establish a single 20-year, fixed meter size ratio surcharge on customer water bills to address recovery of the remaining historical WRAM/MCBA balance as of the date of the final decision.
• Authorize California American Water to apply all future WRAM surcharges on a uniform basis to all units of water sold, including residential tier 1 usage. This modification would ensure that the conservation and water use restriction message is uniformly conveyed on all Monterey residential customers’ bills by applying the surcharge to all units of water in a single surcharge, exactly as is handled in all other California American Water districts.
• Initiate an annual residential consumption true-up pilot program.
• Schedule Commission-sponsored public workshop(s) to address the requests in this Application.
VII. CONCLUSION AND REQUEST FOR RELIEF WHEREFORE, California American Water respectfully requests that the Commission issue its findings and orders to the effect that:
(1) The requests in this Application are granted;
(2) The rates proposed and requested by California American Water are fair, just and reasonable;
(3) California American Water be granted the relief requested in Section 2 of this Application and detailed in supporting testimony; and
(4) For such other and further relief as may be necessary and appropriate.
Filing Date 7-14-15
APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY (U-210W) FOR AUTHORIZATION TO MODIFY THE CONSERVATION AND RATIONING PLAN, RATE DESIGN, AND OTHER RELATED ISSUES FOR THE MONTEREY DISTRICT
Filing Date 7-14-15
APPENDIX A
California-American Water Company (a wholly-owned subsidiary of American Water Works Company, Inc.)
Financial Statements
May 31, 2015
(Unaudited)
Filing Date 7-14-15
APPENDIX B
CALIFORNIA AMERICAN WATER
COMPARISON OF TOTAL BILLS UNDER CURRENT AND PROPOSED RATE DESIGN
Filing Date 7-14-15
APPENDIX C
Company Organizational Structure
Filing Date 7-14-15
APPENDIX D
NOTICE OF CALIFORNIA-AMERICAN WATER’S REQUEST TO CHANGE WATER RATES AND THE EMERGENCY CONSERVATION AND RATIONING PLAN (A.15-07-XXX)

REFERENCE:
A1507019 - Proceeding


Filed By:
California American Water Company
Service Lists:
Industry:
Water
Filing Date:
July 14, 2015
Category:
Ratesetting
Current Status:
ACTIVE
Description:
Application of California-American Water Company (U210W) for Authorization to Modify Conservation and Rationing Rules, Rate Design, and Other Related Issues for the Monterey District.
Staff:
ALJ: Gary Weatherford (Assigned Jul 24, 2015)
COMMISSIONER: Michel Peter Florio (Assigned Jul 24, 2015)

Proceeding Number A.15-07-019 PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Resolution ALJ 176-3360 Administrative Law Judge Division July 23, 2015 RESOLUTION ALJ 176-3360. Preliminary determinations of category and need for hearing for proceedings initiated by application pursuant to Rule 7.1 of the Commission’s Rules of Practice and Procedure

ABSTRACT: Re: Application of California-American Water Company (U-210W) for Authorization to Modify Conservation and Rationing Rules, Rate Design, and Other Related Issues for the Monterey District, the PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Resolution ALJ 176-3360 Administrative Law Judge Division July 23, 2015 RESOLUTION ALJ 176-3360. Preliminary determinations of category and need for hearing for proceedings initiated by application pursuant to Rule 7.1 of the Commission’s Rules of Practice and Procedure document copy is embedded.
IT IS ORDERED that:
1. The category and need for hearing for each proceeding initiated by application listed in the attached Schedule of Preliminary Determinations are preliminarily determined, as noted.
2. This resolution is effective today.
NUMBER TITLE A15-07-019
California American Water Company, Application of California-American Water Company (U210W) for Authorization to Modify Conservation and Rationing Rules, Rate Design, and Other Related Issues for the Monterey District.
PROPOSED CATEGORY Ratesetting
PRELIM. CATEGORY Ratesetting
HEARING YES
Filing Date 7-23-15
RESOLUTION ALJ 176-3360. Preliminary determinations of category and need for hearing for proceedings initiated by application pursuant to Rule 7.1 of the Commission’s Rules of Practice and Procedure.
Administrative Law Judge Division
July 23, 2015

Monday, July 20, 2015

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT REVISED AGENDA (7/17/2015) Regular Meeting Board of Directors Monterey Peninsula Water Management District Featuring GENERAL MANAGER’S REPORT 8. Update on Development of Water Supply Projects & PUBLIC HEARING 12. CONSIDER FIRST READING OF ORDINANCE NO. 165 AMENDING RULES 11, 21, 23 AND 23.1 AND ADDING RULE 23.7 TO ESTABLISH A WATER ENTITLEMENT FOR MALPASO WATER LLC & ACTION ITEM 16. CONSIDER APPROVAL OF PROPOSAL TO MODIFY CEASE AND DESIST ORDER 2009-0060

ABSTRACT: The REVISED AGENDA (7/17/2015) Regular Meeting Board of Directors Monterey Peninsula Water Management District scheduled for Monday, July 20, 2015 document copy is embedded. Agenda Items featured include GENERAL MANAGER’S REPORT 8. Update on Development of Water Supply Projects and PUBLIC HEARING 12. CONSIDER FIRST READING OF ORDINANCE NO. 165 AMENDING RULES 11, 21, 23 AND 23.1 AND ADDING RULE 23.7 TO ESTABLISH A WATER ENTITLEMENT FOR MALPASO WATER LLC and ACTION ITEM 16. CONSIDER APPROVAL OF PROPOSAL TO MODIFY CEASE AND DESIST ORDER 2009-0060; all staff report document copies are embedded. 
NoteAgenda Packet (190 pages)
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
REVISED AGENDA (7/17/2015)
Regular Meeting
Board of Directors
Monterey Peninsula Water Management District

******************
Monday, July 20, 2015

GENERAL MANAGER’S REPORT
8. Update on Development of Water Supply Projects

ITEM: PUBLIC HEARING
12. CONSIDER FIRST READING OF ORDINANCE NO. 165 AMENDING RULES 11, 21, 23 AND 23.1 AND ADDING RULE 23.7 TO ESTABLISH A WATER ENTITLEMENT FOR MALPASO WATER LLC
Meeting Date: July 20, 2015
From: David J. Stoldt, General Manager
Prepared By: Stephanie Locke
General Counsel Review: Yes
Committee Recommendation: On March 17, 2015, the Water Supply Planning Committee recommended the Board conduct the first reading of a draft ordinance that would amend Rules 11, 21, 23 and 23.1, and add Rule 23.7 to establish a Water Entitlement for Malpaso Water LLC.
CEQA Compliance: District is a Responsible Agency relying on an EIR certified by the SWRCB

ITEM: ACTION ITEM
16. CONSIDER APPROVAL OF PROPOSAL TO MODIFY CEASE AND DESIST ORDER 2009-0060
Meeting Date: July 20, 2015
From: David J. Stoldt, General Manager
Prepared By: David J. Stoldt
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

Wednesday, July 15, 2015

Proceeding Number A.12-04-019 E-MAIL RULING WITH ERRATA FOR RULING FILED JULY 14, 2015 REGARDING DATA ON RATEMAKING AND PATENTS

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the E-MAIL RULING WITH ERRATA FOR RULING FILED JULY 14, 2015 REGARDING DATA ON RATEMAKING AND PATENTS document copy is embedded.
IT IS RULED that:
1. The first sentence in the third paragraph is changed to remove the phrase at the end of the sentence. It is changed:
a. From: "We seek the data specified below to further inform the Commission and the public on this issue, with the data provided no more than 10 days from today."
b. To: "We seek the data specified below to further inform the Commission and the public on this issue."
2. In the body of the ruling, Item 1.b is changed to insert "will." It is changed:
a. From: "Describe whether the work done on the MPWSP likely fall within the scope of the claims of any of his patents?"
b. To: "Describe whether the work done on the MPWSP will likely fall within the scope of the claims of any of his patents."
3. In the body of the Ruling, Item 2.d is changed to insert "collecting on." It is changed:
a. From: "Detail whether Williams, as patent holder, has entered into any agreements with Cal-Am or RBF regarding patents and/or licenses with regards to the MPWSP."
b. To: "Detail whether Williams, as patent holder, has entered into any agreements with Cal-Am or RBF regarding collecting on patents and/or licenses with regards to the MPWSP."
4. The ordering paragraph is changed to add three sentences at the end that direct specific service and modification of the service list. It is changed:
a. From: "IT IS RULED that within 15 days of the date of this Ruling, Dennis Williams, President of Geoscience, shall file and serve responses to the inquiries stated in Item 1 in the body of this Ruling. Within 15 days of the date of this Ruling, California-American Water Company shall file and serve responses to the inquiries stated in Item 2 in the body of this Ruling."
b. To: "IT IS RULED that within 15 days of the date of this Ruling, Dennis Williams, President of Geoscience, shall file and serve responses to the inquiries stated in Item 1 in the body of this Ruling. Within 15 days of the date of this Ruling, California-American Water Company shall file and serve responses to the inquiries stated in Item 2 in the body of this Ruling. In addition to regular service on the proceeding’s service list, the Commission’s Process Office shall serve a copy of the ruling on Dennis Williams at Geoscience Support Services, Incorporated, P.O. Box 220, Claremont, CA 91711, and by e-mail at email@geosciencewater.comThe service of the paper copy shall be by certified mail with return receipt requested. Process Office shall add Dennis Williams to the information only portion of the service list."
Filing Date 7-15-15
E-MAIL RULING WITH ERRATA FOR RULING FILED JULY 14, 2015 REGARDING DATA ON RATEMAKING AND PATENTS

CITY COUNCIL SPECIAL MEETING, JULY 15, 2015: Agenda Item Consideration of Options for the Forest Theater Project, including: Handicapped Parking, West Pathway and Driveway, and Vehicular Access Location(s)

 CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
SPECIAL MEETING AGENDA PACKET
WEDNESDAY, JULY 15, 2015

Tuesday, July 14, 2015

California American Water Co. Application A.12-04-019: Monterey Peninsula Water Supply Project (MPWSP) DEIR Comment Period Extended to September 30, 2015

ABSTRACT: RE: MPWSP Draft EIR  The Energy Division has extended the comment period again. Written comments are now due by September 30, 2015. Comments are now due by close of business on Wednesday, September 30,2015. The Draft EIR and Appendices are available for download at: 
Mary Jo Borak, CPUC
c/o ESA
550 Kearny Street, Suite 800
San Francisco, CA 94108
Comments can be sent by fax to (415) 896-0332, or by email to MPWSP-EIR@esassoc.com.
Notice to all Parties
California American Water Co. Application A.12-04-019: Monterey Peninsula Water Supply Project (MPWSP)
MPWSP DEIR Comment Period Extended to September 30, 2015

Notice to all Parties
California American Water Co. Application A.12-04-019: Monterey Peninsula Water Supply Project (MPWSP)
MPWSP DEIR Comment Period Extended to September 30, 2015

REFERENCE:
STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
Monterey Peninsula Water Supply Project
(Application A.12-04-019, filed April 23, 2012)

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING TO POSTPONE ALL-PARTY MEETING

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGE’S RULING TO POSTPONE ALL-PARTY MEETING document copy is embedded. IT IS RULED that the all-party meeting scheduled for Thursday, July 30, 2015 is postponed to a date to be set by subsequent ruling.
Filing Date 7-14-15
ADMINISTRATIVE LAW JUDGE’S RULING TO POSTPONE ALL-PARTY MEETING

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS document copy is embedded. Importantly, We seek the data specified below to further inform the Commission and the public on this issue, with the data provided no more than 10 days from today.
1. Dennis Williams, President of Geoscience, shall:
a. Describe each of his patents, including a brief explanation of all valid and assertable claims, including claims related to MPWSP.
b. Describe whether the work done on the MPWSP likely fall within the scope of the claims of any of his patents?
c. Explain each potential patent claim and its integration into the MPSWP.
d. Disclose any pending patent applications with claims that, if granted, the project would potentially infringe.
e. Disclose any pending patent applications that will become relevant to MPSWP now or in the future?
f. State anything else necessary for a reasonably complete statement regarding the relationship of his patents to the MPWSP.
2. Cal-Am shall:
a. Provide a copy of the signed and executed contract between Cal-Am and Geoscience, along with any supplemental documents that accompanied the signed and executed contract (e.g., scope of work, amendments, modifications, extensions) and any written communications related to that contract and those documents;
b. Provide a copy of the signed and executed subcontract between RBF Consulting (RBF) and Geoscience, along with any supplemental documents that accompanied the signed and executed contract (e.g., scope of work, amendments, modifications, extensions), and any written communications related to that contract and those documents;
c. Provide a copy of any and all patents held by Dennis Williams, as well as any related illustrative documents, that were exchanged between Geoscience and Cal-Am and/or RBF, and any written communications related to such patents;
d. Detail whether Williams, as patent holder, has entered into any agreements with Cal-Am or RBF regarding patents and/or licenses with regards to the MPWSP.
e. Explain if Williams, as patent holder, has executed any contracts or agreements with Cal-Am and/or RBF with respect to limiting patent and/or licensing claims;
i. If so, is this only for current claims?
ii. If so, does this include future claims?
iii.If so, produce all documents related to such contracts or agreements.
f. Determine and explain if Williams, the patent holder, has patents pending or intends to file future patents that may assert claims that MPWSP infringes upon:
i. Has Williams indicated to Cal-Am that he intends to claim patent infringement in the future?
ii. Has Williams entered into any contract or agreement with Cal-Am and/or RBF promising not to make future claims of patent infringement?
g. Explain what steps, if any, Cal-Am has taken to ensure that Williams’ patents are not relevant to the MPWSP and state when those steps were taken;
h. State whether Cal-Am has examined and analyzed the potential for Williams to later contend that the MPWSP infringes on his patents and that he will therefore seek a license and, if so, provide a copy of that examination and analysis and any documents related thereto;
i. State the degree, if any, to which ratepayers may be asked to pay any costs related to the patents of Williams, and identify those costs and produce any documents related to any such assertion;
j. State the steps Cal-Am has taken to ensure that ratepayers will not be subject to any future impact from patents held by Williams and produce any documents related to any such assertion;
k. State the steps Cal-Am is prepared to take to ensure that ratepayers will not be subject to any future impact from patents held by Williams; and
l. State anything else necessary for a reasonably complete statement regarding the relationship of William’s patents to the MPWSP, and costs related to those patents that Cal-Am may seek to recover from ratepayers.
IT IS RULED that, within 15 days of the date of this Ruling, Dennis Williams, President of Geoscience, shall file and serve responses to the inquiries stated in Item 1 in the body of this Ruling. Within 15 days of the date of this Ruling, California-American Water Company shall file and serve responses to the inquiries stated in Item 2 in the body of this Ruling.

Filing Date 7-14-15
ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS

REFERENCE:
CPUC replaces desal project manager, seeks conflict answers
By Jim Johnson, Monterey Herald
Posted: 07/13/15, 6:03 PM PDT

Friday, July 10, 2015

STATE OF CALIFORNIA, CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, STATE WATER RESOURCES CONTROL BOARD, DIVISION OF WATER RIGHTS DIVISION DECISION 2015-0001 In the Matter of License 13868 (Application 30497B) Clint Eastwood and Margaret Eastwood Trust DECISION CANCELING PROTESTS, REVOKING A WATER RIGHT, AND ISSUING WATER RIGHTS

ABSTRACT: RE: DIVISION OF WATER RIGHTS DIVISION DECISION 2015-0001
CONCLUSION
The Eastwood Trust has complied with the requirements for modification of License 13868. For the reasons stated above, the State Water Board finds that the petitions for change will neither in effect initiate a new right, increase the amount of water the Eastwood Trust is entitled to use, nor injure or unreasonably affect any other legal user of water. Furthermore, the State Water Board finds that the proposed project is not contrary to the public interest, and that approval of the project conforms with the State Water Board’s public trust responsibilities. The proposed modifications should therefore be granted.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT:

1. The protests of the CDFW, the NMFS, Richard Morat, and Roy Thomas are dismissed.
2. License 13868 (Application 30497B) is revoked.
3. Licenses 13868A and 13868B are issued for Applications 30497B01 and 30497B02, respectively, subject to the conditions included therein.
STATE WATER RESOURCES CONTROL BOARD
ORIGINAL SIGNED BY:
Barbara Evoy, Deputy Director
Division of Water Rights

Dated: JUL 03 2015
DECISION CANCELING PROTESTS, REVOKING A WATER RIGHT, AND ISSUING WATER RIGHTS, RIGHT TO DIVERT AND USE WATER LICENSE 13868A and RIGHT TO DIVERT AND USE WATER LICENSE 13868B document copies are embedded.  
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
DIVISION DECISION 2015-0001 In the Matter of License 13868 (Application 30497B)
Clint Eastwood and Margaret Eastwood Trust
DECISION CANCELING PROTESTS, REVOKING A WATER RIGHT, AND ISSUING WATER RIGHTS
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
RIGHT TO DIVERT AND USE WATER
APPLICATION 30497B01 PERMIT 20905B LICENSE13868A

License 13868b

STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
RIGHT TO DIVERT AND USE WATER
APPLICATION 30497B02 PERMIT 20905B LICENSE 13868B

REFERENCES:
Project Title
Application 30497B
Clint Eastwood and Margaret Eastwood Trust

Related CEQA Documents

Order, Permit/License, & Related Final CEQA Documents

Date Permit/ License Issued
7/3/15

State OKs use of Eastwood water By CHRIS COUNTS, The Carmel Pine Cone, July 10, 2015,  1A & 15A

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING EXTENDING BRIEFING SCHEDULE

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGE’S RULING EXTENDING BRIEFING SCHEDULE document copy is embedded. The Commission's Energy Division issued the Draft EIR in April 2015. Comments on the Draft EIR were due on July 13, 2015. Energy Division has now determined that it is appropriate to further extend the comment period on the Draft EIR to September 30, 2015. We may take additional actions as described below. We do these things for three important reasons.
First: We have learned that one of our sub-contractors, an entity called Geosciences, also has a contractual relationship with Cal-Am, the MPWSP's proponent, and that Geosciences's contract with Cal-Am pertains to the MPWSP; and that the President of Geosciences holds one or more patents related to slant well technology that Cal-Am might or could use in the construction of the MPWSP.
The Commission takes this situation very seriously. As a result of concerns raised by these issues, after transitioning their work product to ESA, Geosciences will not do any more work for the Commission on this project.
The work that Geosciences had done for the Commission in the past relates specifically to that portion of the EIR addressing the MPWSP's impact on local groundwater resources. See MPWSP DEIR, Chapter 4.4. We are now regarding that work as if it had been performed by the proponent, Cal-Am, rather than as the Commission's work product. We are considering options to independently evaluate the accuracy and credibility of that work, including but not limited to entering into a contract with a neutral third party to review that work; and/or opening up that work to review by the parties to this proceeding, or by the public at large.
During the remainder of the Draft EIR comment period, we specifically invite you to comment on the issues raised above, and we solicit your suggestions as to what remedies, if any, we should undertake.
Second: Independent of the possible conflicts addressed above, several parties have submitted comments asking for greater access to the data, models, and assumptions used by Geosciences in the hydrogeology modeling work they have performed. That is not required by CEQA, and ordinarily, the Commission would not make those data, models, or assumptions available to the public. But this is not an ordinary situation. Under the circumstances, we find it appropriate to make that information available to the parties.
Please tell us in what form it would be most helpful to you to have those data, models, and assumptions, no later than close of business on July 30, 2015.
Third: Independent of the issues raised above, we have received a comment from the Monterey Bay National Marine Sanctuary (Sanctuary) indicating that the Draft EIR should be recirculated as a joint state/federal environmental document under both CEQA and the National Environmental Policy Act (NEPA). The Sanctuary has stated that they would be the appropriate NEPA Lead Agency.
Recirculating the MPWSP environmental document as a joint CEQA/NEPA document would allow the Commission to complete its fact-finding into the Geosciences issues discussed above, and would allow the parties an additional opportunity to comment on those issues, as well as any other subjects contained in the joint CEQA/NEPA document. This would also allow the Commission to perform a more detailed analysis of several possible alternatives to the MPWSP, including the People's Moss Landing Water Desalination Project, and the Monterey Bay Regional Water Project (commonly known as the Deepwater Desal project).
Comments are now due by close of business on Wednesday, September 30, 2015. The Draft EIR and Appendices are available for download at:
http://www.cpuc.ca.gov/PUC/energy/Environment/Current+Projects/esa/mpwsp/index.html
Written comments shouldbe addressed to:
Mary Jo Borak, CPUC
c/o ESA
550 Kearny Street, Suite 800
San Francisco, CA 94108
Comments can be sent by fax to (415) 896-0332, or by email to MPWSP-EIR@esassoc.com.

Alj's Ruling Extending Briefing Schedule 7-09-15

Filing Date 7-09-15

Thursday, July 09, 2015

THE PEOPLE’S MOSS LANDING WATER DESAL PROJECT (PMLWDP) : MOSS LANDING HARBOR DISTRICT NOTICE OF PREPARATION Environmental Impact Report for People’s Moss Landing Water Desalination Project

ABSTRACT: Regarding the Environmental Impact Report for People’s Moss Landing Water Desalination Project, per California Environmental Quality Act (CEQA) , the Moss Landing Harbor District (District), as CEQA Lead Agency, is preparing an Environmental Impact Report (EIR) for the People’s Moss Landing Water Desalination Project (PMLWDP or Proposed Project). Accordingly, two Scoping Meetings were held on Wednesday, July 8, 2015 in Del Rey Oaks and Prunedale on the scope of the EIR. The scoping meetings presented an overview of the Proposed Project and the project alternatives identified to date. Subsequent to the presentation, interested parties were given the opportunity to make oral comments on issues to be considered in the EIR, or on Notice of Preparation People’s Moss Landing Desalination Project 2.
Written scoping comments may be submitted by U.S. mail or email during the NOP review period, or in person at the scoping meetings listed below. The scoping comment period closes at 5:00 p.m. on July 31, 2015. Please include your name, address, and email address if you would like to receive future notices on this matter. Comments may be sent by email to PeoplesDesal@aspeneg.com or to the address below:
Linda G. McIntyre, Moss Landing Harbor District
c/o Aspen Environmental Group
235 Montgomery Street, Suite 935
San Francisco, CA 94104

THE PEOPLE’S MOSS LANDING WATER DESAL PROJECT

NOTICE OF PREPARATION
Environmental Impact Report for People’s Moss Landing Water Desalination Project


The People’s Moss Landing
Water Desal Project
Draft Process Design Report
February 27, 2015
Prepared by:
604 South Frederick Avenue, Suite 309
Gaithersburg, Maryland 20877


MOSS LANDING HARBOR DISTRICT
REQUEST FOR PROPOSALS
CONSULTANT SERVICES FOR ENVIRONMENTAL IMPACT REPORT REVIEW, CEQA PROCESSING SERVICES, FOR THE PEOPLE’S MOSS LANDING WATER DESALINATION PROJECT
February 6, 2015

REFERENCE:
People’s Desal Project starts formal environmental review
By Jim Johnson, Monterey Herald
Posted: 07/08/15

Tuesday, July 07, 2015

California Coastal Commission Executive Director’s Determination RE: Condition Compliance – Special Condition #11 of Coastal Development Permits (“CDPs”) A-3-MRA-14-0050 and 9-14-1735 for California American Water’s (“Cal-Am’s) slant test well project in Marina, Monterey County

ABSTRACT: In a letter from Charles F. Lester, Executive Director, California Coastal Commission, to Ian Crooks, P.E., Engineering Manager, California American Water Company, dated July 3, 2015, Dr. Lester states in the Executive Director’s Determination, as follows: Special Condition 11 requires, in part, that Cal-Am stop its pump test if monitoring shows more than a 1.5-foot decrease in water levels at Monitoring Well 4. It also requires the HWG to examine the monitoring data to determine the causes of the water level decrease and to submit its determination to the Executive Director. We reviewed the above-referenced letter, along with the HWG’s follow-up June 22, 2015 letter, weekly monitoring reports, and a June 25, 2015 submittal by Remy Moose Manley, all of which address various aspects of the pump test, monitoring results, aquifer characteristics, and regional and seasonal pumping regimes. The June 22nd HWG letter notes that there are likely several influences other than Cal-Am’s pump test, but that the test could be responsible for about 0.2 to 0.5 feet of the decrease.2 Based on our review, we have determined that the water level decrease appears to be caused in part by the pump test. Pursuant to Special Condition #11, Cal-Am must therefore submit an application for a permit amendment to allow restart of the test and is not to conduct further pump testing until receiving an amended permit. However, we understand that minimal maintenance pumping, of no more than 6 hours once per week, is required to maintain the well and its related equipment. This maintenance pumping is allowed prior to the Commission’s action on an amendment to Cal-Am’s permit. We understand you will notify us of the start and stop times for each of these maintenance cycles.With the benefit of several months of monitoring data obtained before, during, and after the pump test, including data Cal-Am is continuing to collect, we believe the current permit and its conditions can be modified to better reflect aquifer conditions identified through these data, to better characterize other factors affecting the aquifers, and to better identify the potential effects of the pump test as they relate to those factors. We therefore recommend Cal-Am work with the HWG to develop a proposed amendment that incorporates the analyses and information referenced above and that addresses the following:
• Characterization of local/regional effects: The available data suggest the monitoring results are affected by several elements other than the pump test – e.g., regional pumping regimes, daily changes in agricultural pumping, etc. We recommend the application for the proposed amendment identify and incorporate the likely effects of those elements on the data. For example, the HWG surmises that a regular pattern observed in the data is due to seasonal increases in agricultural pumping, of pumping being reduced on Sundays, etc. We recommend the application include available data to support those assumptions.
• Effects on different aquifers: The available monitoring data show that the three aquifers underlying the area have different characteristics – e.g., confined, semi-confined, and unconfined – and are affected differently by the pump test and the other factors. We recommend that Cal-Am consider whether the application should include separate, specific thresholds that can be used to measure the potential effects of the test well on each of the aquifers.
• Water and TDS levels: The available monitoring data suggests the changes in water and TDS levels may be better described not as single values but as a range or trend in the data. We recommend that Cal-Am consider whether the application should include proposed thresholds that better reflect the identified trends in the monitoring data.
In addition, and as noted in the above-referenced June 25th letter, we request that you clarify Cal-Am’s compliance with the requirement of Special Condition #11 that monitoring devices be installed at a minimum of four wells on the CEMEX site within 2000 feet of the test well.
A document copy of the letter is embedded. 
STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
LETTER FROM CHARLES F. LESTER, EXECUTIVE DIRECTOR, TO IAN CROOKS, P.E., ENGINEERING MANAGER, CALIFORNI A AMERICAN WATER COMPANY
July 3, 2015

REFERENCES: Cal Am must seek amended desal test well permit
By Jim Johnson, Monterey Herald
Posted: 07/06/15, 6:18 PM PDT |

CALIFORNIA AMERICAN WATER
TEST SLANT WELL DOCUMENTS

Thursday, July 02, 2015

CITY COUNCIL CLOSED SESSION & OPEN SESSION SPECIAL MEETING AGENDA ITEMS, July 6, 2015

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
MONDAY, July 6, 2015

CLOSED SESSION 4:30 P.M. AT CITY HALL
East side of Monte Verde Street
Between Ocean and Seventh Avenues

OPEN SESSION 5:30 P.M. AT THE CARMEL WOMAN’S CLUB
SW Corner of 9th and San Carlos Street


1. CALL TO ORDER and ROLL CALL
Mayor: Burnett
Mayor Pro Tem: Talmage
Council Members: Beach, Dallas, Theis

3. CLOSED SESSION
Mayor Burnett will announce the Closed Session and ask for Public Comments on matters described in the following Closed Session Meeting Notice (Government Code Section 54957.6(a); 54957.7(a)).

3.A LABOR NEGOTIATIONS
Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA; CPOA

3.B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 4 cases

5. ORDERS OF COUNCIL
Orders of Council are agenda items that require City Council discussion, debate and/or direction.

5.A City Boards and Commissions’ and community groups’ proposals for the 2016 Centennial Celebration
Recommendation: Receive proposals from the Harrison Memorial Library Board of Trustees, Community Activities and Cultural Commission, Historic Resources Review Board, Forest and Beach Commission, Planning Commission, and community groups on projects, activities, events, displays and other ideas for the 2016 Centennial Celebration
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
SPECIAL MEETING
MONDAY, July 6, 2015
CLOSED SESSION 4:30 P.M. AT CITY HALL
East side of Monte Verde Street Between Ocean and Seventh Avenues
OPEN SESSION 5:30 P.M. AT THE CARMEL WOMAN’S CLUB
SW Corner of 9th and San Carlos Street

Six Noteworthy 7 July 2015 City Council Regular Meeting Agenda Items

ABSTRACT: Six Noteworthy 7 July 2015 City Council Regular Meeting Agenda Items, namely ANNOUNCEMENTS, including Announcements from Closed Session, Announcements from City Council Members and Announcements from the City Administrator, PUBLIC APPEARANCES, Monthly Reports for May including Police, Fire and Ambulance Reports; Logs of Public Records Act Requests (City Clerk & Police); Code Compliance Reports; Forester Report and Contracts with the City Administrator, Investment Policy Review, Resolutions Authorizing Amendments to Various Professional Services Agreements and Authorize the Director of Public Safety to Send a Letter Terminating the Contract Rental Agreement with Digital Payment Technologies for the Parking Pilot Kiosk Program, and Discuss Community Members Input Regarding Parking Management and Provide Staff Guidance, are presented. Council Reports and supporting materials are embedded.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
TUESDAY, July 7, 2015
4:30 P.M.

Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues

AGENDA 07-07-15

1. CALL TO ORDER and ROLL CALL
Mayor: Burnett
Mayor Pro Tem: Talmage
Council Members: Beach, Dallas, Theis

5. ANNOUNCEMENTS
5.A Announcements from Closed Session
5.B Announcements from City Council Members (Council Members may ask a question for clarification, make an announcement or report on his or her activities)
5.C Announcements from the City Administrator

6. PUBLIC APPEARANCES

7. CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

7.C Monthly Reports for May:
a. Police, Fire and Ambulance Reports
b. Logs of Public Records Act Requests (City Clerk & Police)
c. Code Compliance Reports
d. Forester Report
e. Contracts with the City Administrator
Recommendation: Accept the reports. 
Monthly Reports 07-07-15


7.D Investment Policy Review
Recommendation: Adopt the Investment Policy as it currently stands 
Investment Policy Review 07-07-15.pdf

7.J Resolutions Authorizing Amendments to Various Professional Services Agreements
RECOMMENDATION: Adopt the resolutions authorizing the City Administrator to:
1. Execute Amendment No. 1 to the Professional Services Agreement (PBD-PSA-CSG-0010-14-15) with CSG Consultants, Inc. for contract plan review and building inspection services for an increase of $24,000 for a total contract amount not to exceed $49,000.
2. Execute Amendment No. 2 to the Professional Services Agreement (PBD-PSA-PMC-005-14/15) with Pacific Municipal Consultants for contract planning services for an increase of $33,500 for a total contract not to exceed amount of $83,500.
3. Execute Amendment No. 1 to the Professional Services Agreement (ADM-PSA-PMS-0028-15/16) with Peninsula Messenger Service for mail delivery in the amount of $14,000 and extend the term through September 30, 2015.
Amendments to Various Professional Services Agreements 07-07-15

7.K Authorize the Director of Public Safety to Send a Letter Terminating the Contract Rental Agreement with Digital Payment Technologies for the Parking Pilot Kiosk Program, and Discuss Community Members Input Regarding Parking Management and Provide Staff Guidance.
Recommendation: Authorize the Public Safety Director to send the letter and discuss community meeting input and provide staff guidance.
Parking Pilot Kiosk Program Letter Termination 07-07-15.pdf
 Authorize the Director of Public Safety to Send a Letter Terminating the Contract Rental Agreement with Digital Payment Technologies for the Parking Pilot Kiosk Program, and Discuss Community Members Input Regarding Parking Management and Provide Staff Guidance.

CITY COUNCIL: Minutes for the May 4, 2015 Special Meeting, the May 5, 2015 Regular Meeting, the May 6, 2015 Special Meeting, the June 1, 2015 Special Meeting, the June 2, 2015 Regular Meeting and the June 15, 2015 Special Meeting, July 29, 2015

City Council Minutes  
Minutes of the Special Meeting of May 4, 2015 
Minutes of the Regular Meeting of May 5, 2015 
Minutes of the Special Meeting of the May 7, 2015 
Minutes of the Special Meeting of June 1, 2015 
Minutes of the Regular Meeting of June 2, 2015 
Minutes of the Special Meeting of June 15, 2015 
Minutes of the Special Meeting of July 29, 2015

Wednesday, July 01, 2015

Proceeding Number A.12-04-019 RESPONSE BY WATER PLUS TO MOTION BY MCWD FOR RECIRCULATION OF THE NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the RESPONSE BY WATER PLUS TO MOTION BY MCWD FOR RECIRCULATION OF THE NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT document copy is embedded. CONCLUSION The Commission should order the recirculation of the DEIR Notice of Availability while assuring its inclusion of the supporting data indicated as missing both here by Water Plus and in the motion by Marina Coast.
Filing Date 6-24-15
RESPONSE BY WATER PLUS TO MOTION BY MCWD FOR RECIRCULATION OF THE NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT

Proceeding Number A.12-04-019 PUBLIC TRUST ALLIANCE’S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN SUPPORT OF MARINA COAST WATER DISTRICT’S MOTION FOR RECIRCULATION OF NOA FOR COMMISSION’S DRAFT EIR

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the PUBLIC TRUST ALLIANCE’S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN SUPPORT OF MARINA COAST WATER DISTRICT’S MOTION FOR RECIRCULATION OF NOA FOR COMMISSION’S DRAFT EIR document copy is embedded. In the spirit of conveying an image of the CPUC as a credible Regulator, the Public Trust Alliance requests leave to file a Response in Support of MCWD’s Motion for Recirculation of the Notice of Availability for the Draft EIR by June 29 (perhaps even before a final ruling).
Filing Date 6-26-15
PUBLIC TRUST ALLIANCE’S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN SUPPORT OF MARINA COAST WATER DISTRICT’S MOTION FOR RECIRCULATION OF NOA FOR COMMISSION’S DRAFT EIR