Saturday, August 25, 2018

PRA LOG JUNE 2018, PRA 2018-085 through PRA 2018-098 & PRA 2018-102

ABSTRACT: For the month of June 2018, the City Clerk’s Office received fourteen California Public Records Act requests, specifically2018-085 through PRA 2018-098 & PRA 2018-102, according to the CITY OF CARMEL-BY-THE-SEA Monthly Report April 2018 to Honorable Mayor and City Council Members, SUBMITTED BY Thomas A. Graves, City Clerk and APPROVED BY Chip Rerig, City Administrator. Information for each PRA request, including REQUEST NUMBER, REQUEST DATE, COMPLETED DATE, REQUESTOR and INFORMATION REQUESTED and City Response document copies are embedded.


PRA LOG
JUNE 2018
PRA 2018-085 through PRA 2018-098 & PRA 2018-102

REQUEST NUMBER 2018-085
REQUEST DATE 6/4/2018
COMPLETED DATE 6/14/2018
REQUESTOR Paterson
INFORMATION REQUESTED 1. Electronic copies of City's responses to PRA requests,
City Clerk's Office, REQUEST NUMBERS 2018-054 through 2018-066 (PRA LOG APRIL 2018) 2. Electronic copies of City's responses to PRA requests, City Clerk's Office, REQUEST NUMBERS 2018-067 through 2018-080 (PRA LOG MAY 2018)
Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on June 4, 2018. 

Electronic copies of City’s responses to PRA requests, City Clerk’s Office, REQUEST NUMBERS 2018-054 through 2018-066 (PRA LOG APRIL 2018).
Electronic copies of City’s responses to PRA requests, City Clerk’s Office, REQUEST NUMBERS 2018-067 through 2018-080 (PRA LOG MAY 2018).

PRA 2018-054 = Response sent 4/3/2018
PRA 2018-055 = Response sent 4/9/2018
PRA 2018-056 = Response sent 4/2/2018
PRA 2018-057 = Dropbox Link
PRA 2018-058 = Dropbox Link
PRA 2018-059 = Dropbox Link
PRA 2018-060 = Response sent 5/1/2018
PRA 2018-061 = Dropbox Link
PRA 2018-062 = Dropbox Link
PRA 2018-063 = Dropbox Link
PRA 2018-064 = Response sent 5/3/2018
PRA 2018-065 = Response sent 5/10/2018
PRA 2018-066 = Dropbox Link for 2016 files, 2014 files are hard copies and will  need to be picked up
PRA 2018-067 = Dropbox Link
PRA 2018-068 = Dropbox Link
PRA 2018-069 = Dropbox Link
PRA 2018-070 = Response sent 5/8/2018
PRA 2018-071 = Response sent 5/16/2018
PRA 2018-072 = Dropbox Link
PRA 2018-073 = Response sent 5/16/2018
PRA 2018-074 = Response sent 5/22/2018
PRA 2018-075 = Dropbox Link
PRA 2018-076 = Response sent 5/22/2018
PRA 2018-077 = Response sent 5/24/2018
PRA 2018-078 = Response sent 5/22/2018
PRA 2018-079 = Dropbox Link
PRA 2018-080 = Response sent 5/24/2018



In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 

As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016
PRA 2018-085 City Response

REQUEST NUMBER 2018-086
REQUEST DATE 6/5/2018
COMPLETED DATE 6/18/2018
REQUESTOR Jo Todd
INFORMATION REQUESTED Farmers' Market Ad Hoc Committee reports
PRA 2018-086 City Response

REQUEST NUMBER 2018-087
REQUEST DATE 6/6/2018; 6/8/2018
COMPLETED DATE 6/8/2018; 6/25/18
REQUESTOR Pam Marino – Monterey County Weekly
INFORMATION REQUESTED All documents pertaining to City Attorney Glen Monzingo as detailed by Mayor Pro Tem Carrie Theis during the announcement section of the June 5, 2018, City Council meeting, including all diplomas, degrees, licenses, membership verifications, national Republican congressional committee awards, letters of verification and substantiation, scholastic awards, letters confirming appointment to the London Court of International arbitration, and letters of commendation from the Unites States secretary of the treasurer, and sitting supreme court justice William Douglas. Follow-up: I respectfully request that the city obtain the documents I outlined and provide them to me as soon as possible, as specified under the California Public Records Act.
PRA 2018-087 City Response

REQUEST NUMBER 2018-088
REQUEST DATE 6/6/2018
COMPLETED DATE 6/7/2018
REQUESTOR Royal Calkins
INFORMATION REQUESTED Copies of any written materials Glen Mozingo presented to the City Council regarding his resume or professional background before, during or after Monday's council meeting.
PRA 2018-088 City Response

REQUEST NUMBER 2018-089
REQUEST DATE 6/7/2018
COMPLETED 7/8/2018
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of City Attorney Glen Mozingo’s “supporting documentation to his resume” including, but not necessarily limited to, “diplomas, degrees, licenses, membership verifications, National Republican Congressional Committee awards, letters of verification and substantiation, scholastic awards, letters confirming appointment to the London Court of International Arbitration, and letters of commendation from the United States Secretary of the Treasurer, and then sitting member of the United States Supreme Court Justice William O. Douglas.” Also, as part of your “review,” please also provide documentation for United States Congressional Gold Medal, Judge Pro-Tem Los Angeles Superior Court, Judge Pro-Tem Orange County Superior Court, The United States Court of International Trade, a postgraduate diploma in International law at Balliol College (2001), trial counsel for assigned litigation for the California cities of Escondido, San Diego, Laguna Hills, Vista, and Mission Viejo and The United States Court of International Trade (current membership).
As part of the City’s commitment to “excellent customer service,” please also provide City’s response to Royal Calkins @ calkinsroyal@gmail.com
Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on June 7, 2018. 

Electronic copies of City Attorney Glen Mozingo’s “supporting documentation to his resume” including, but not necessarily limited to, “diplomas, degrees, licenses, membership verifications, National Republican Congressional Committee awards, letters of verification and substantiation, scholastic awards, letters confirming appointment to the London Court of International Arbitration, and letters of commendation from the United States Secretary of the Treasurer, and then sitting member of the United States Supreme Court Justice William O. Douglas.” Also, as part of your “review,” please also provide documentation for United States Congressional Gold Medal, Judge Pro-Tem Los Angeles Superior Court, Judge Pro-Tem Orange County Superior Court, The United States Court of International Trade, a postgraduate diploma in International law at Balliol College (2001), trial counsel for assigned litigation for the California cities of Escondido, San Diego, Laguna Hills, Vista, and Mission Viejo and The United States Court of International Trade (current membership).

The discussion conducted between the City Attorney and City Council took place in a closed session meeting regarding a personnel matter, Public Employee Performance Evaluation (Government Code § 54957) City Attorney.

The personal effects of Mr. Mozingo have not now, nor have they ever been, in the possession of the City or its elected leadership.

The City Attorney for the City of Carmel-by-the-Sea is a contract position.  The resume and Curriculum Vitae for Mr. Mozingo are attached.

As part of the City’s commitment to “excellent customer service,” please also provide City’s response to Royal Calkins @ calkinsroyal@gmail.com.
Clarification:  
Send City’s response to my PRA request (PRA 2018-089) to me and Mr. Calkins, as a professional courtesy.

The City treats every PRA request individually, therefore, we will not provide a copy of our response to your request to another individual.  You may share our response to you with any individual you so choose.

In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 

As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016

Mozingo Resume and CV
PRA 2018-089 City Response

REQUEST NUMBER 2018-090
REQUEST DATE 6/8/2018
COMPLETED DATE 6/15/2018
REQUESTOR Jane Haines
INFORMATION REQUESTED Inspect the most recent contract between the City of Carmel and Host Compliance. I also request to inspect the three most recent records of payments by the City of Carmel to Host Compliance.
NOTES: 6/8/18 - e-mailed files can be viewed at CH M-F, 8-5/6-15-18 Ms. Haines called to ask that documents be emailed to her
PRA 2018-090 City Response

REQUEST NUMBER 2018-091

REQUEST DATE 6/11/2018
COMPLETED DATE 6/11/2018
REQUESTOR Calixto Urdiales
INFORMATION REQUESTED City's stance pertaining to medical and recreational commercial cannabis activity; as well as any distance specifications, much like the one specified in MAUCRSA
PRA 2018-091 City Response

REQUEST NUMBER 2018-092
REQUEST DATE 6/13/2018
COMPLETED DATE 6/14/2018
REQUESTOR Michael DeLapa
INFORMATION REQUESTED Electronic copies of candidate financial filings for 2016 election (Steve Dallas, Ken Talmage, etc). When is the filing deadline for mayoral/city council candidates?

Dallas Campaign Forms 2014. 2016
Kreitman Campaign Forms 2016

Mosley Campaign Forms 2016

Pappadeas Campaign Forms 2016

Reimers Campaign Forms 2016

Richards Campaign Forms 2016

Talmage Campaign Forms 2016
PRA 2018-092 City Response

REQUEST NUMBER 2018-093
REQUEST DATE 6/18/2018
COMPLETED DATE 6/27/2018
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of all legal documents per PRA for the aforementioned "Closed" case. RE: M130393 Sand, Gerit et al vs. City of Carmel by the Sea
Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent email on June 18, 2018. 


RE: M130393
Sand, Gerit et al vs. City of Carmel by the Sea
CASE INFORMATION
Case Type: Breach of Contract/Warranty Unlimited (06)
Case Number: M130393
Filing Date: 12/16/2014
Case Status: Closed
Electronic copies of all legal documents per PRA for the aforementioned “Closed” case.


In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 


As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.



--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016
PRA 2018-093 City Response

REQUEST NUMBER 2018-094
REQUEST DATE 6/18/2018
COMPLETED 6/27/2018
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of all legal documents per PRA for the aforementioned "Closed" case. RE: 16CV002381 State Farm General Insurance Company vs City of Carmel-by-the-Sea
Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on June 18, 2018. 

RE:16CV002381
State Farm General Insurance Company vs City of Carmel-By-The-Sea
CASE INFORMATION
Case Type: Other PI/PD/WD Unlimited (23)
Case Number: 16CV002381
Filing Date: 8/5/2016
Case Status: Closed
Electronic copies of legal documents per PRA for the aforementioned “Closed” case.


In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 


As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016
PRA 2018-094 City Response

REQUEST NUMBER 2018-095
REQUEST DATE 6/25/2018
COMPLETED DATE 6/27/2018
REQUESTOR Paterson
INFORMATION REQUESTED RE: Repairs at the Police Building - Electronic copies of
materials, including but not necessarily limited to, correspondence and responses, regarding Compaint No. 1332073, STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Division of Occupational Safety and Health.
Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on June 25, 2018. 


RE: Repairs at the Police Building    
Although major repairs and upgrades will be made as part of the upcoming Police Building Renovation and Expansion Project (outlined with story poles and orange netting), work began on making repairs to the existing building. Shingles on the mansard roof are being tested and nailed down, next week, electricians will examine wiring and replace outdated light fixtures, and finally prior leaks from the roof will be rechecked
Source; FRIDAY LETTER
June 22, 2018
Electronic copies of materials, including but not necessarily limited to, correspondence and responses, regarding Complaint No. 1332073, STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Division of Occupational Safety and Health.


In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 

As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016

OSHA Letter 04/30/2018 Redacted

OSHA Letter Complete 05/31/2018 Redacted
PRA 2018-095 City Response

REQUEST NUMBER 2018-096
REQUEST DATE 6/25/2018
COMPLETED DATE
REQUESTOR Robert Dewberry
INFORMATION REQUESTED Time period: 7/1/2015 through 6/25/2018 Records requested: 1) business license application and license issued for business(es) at 4 NE Dolores at 6th Ave. Carmel-by-the-Sea CA 93921; 2) East side of Lincoln St., (Between Ocean Ave. & 7th St.) Carmel-by-the-Sea CA 93921; business license application and license issued to any of the following: a0 Theodore Moon, b) USOMS, INC., c0 CHILSEA, INC., d) OMS bythesea, inc., e) LBSECOND INC.
PRA 2018-096 City Response

REQUEST NUMBER 2018-097

REQUEST DATE 6/28/2018
COMPLETED DATE 6/28/2018
REQUESTOR Mary Schley
INFORMATION REQUESTED Copies of Form 510s or other papers filed by any candidates for city office since June 5, if any
NOTES Sent to Paterson in error. Resent all redacted forms to M Schley on 7-5-18
PRA 2018-097 City Response

REQUEST NUMBER 2018-098
REQUEST DATE 6/29/2018
COMPLETED DATE 7/9/2018
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of City's responses to PRA requests 2018-081 through 2018-084
Your PRA Request 2018-098 is embedded in the link. This completes our response.



Tom Graves, MMC
City Clerk
​​
Carmel-by-the-Sea
831-620-2016 - o
831-970-1511 - c
PRA 2018-098 City Response

REQUEST NUMBER 2018-102

REQUEST DATE 6/28/2018
COMPLETED DATE 6/29/2018
REQUESTOR John McCormack, Jr.
INFORMATION REQUESTED On Thursday, June 28, I received a phoned in data request from John McCormack, Jr. for the gross restaurant sales for Carmel for the last 5 years. On July 6, I sent him the attached.
NOTES Telecon request to Rscattini
PRA 2018-102 City Response

Thursday, August 23, 2018

ROYAL CALKINS, an Individual, Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents. CASE NO.: 18CV002532 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY

UPDATE
AUGUST 23, 2018
The Partisan: Carmel Attorney Mozingo maintains he received big congressional medal despite compelling evidence to the contrary
OPINION | 
By Royal Calkins

Respondent City of Carmel-By-The-sea's Memorandum of Points and Authorities in Opposition to Applicatioin-p... by L. A. Paterson on Scribd
RESPONDENT CITY OF CARMEL-BY-THE-SEA'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO APPLICATION/PETITION FOR WRIT OF MANDATE
ROYAL CALKINS, an Individual, Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and DOES 1 through 10, inclusive, Respondents. 
CASE NO.: 18CV002532
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
August 17, 2018
DECLARATION OF JON R. GIFFEN IN SUPPORT OF RESPONDENT CITY OF CARMEL-BY-THE-SEA'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO APPLICATION/PETITlON FOR WRIT OF MANDATE
ROYAL CALKINS, an Individual, Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents.
CASE NO.: 18CV002532
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
August 17, 2018

REFERENCE: Public Portal
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

18CV002532
Calkins, Royal vs. City of Carmel-by-the-Sea


HEARINGS
Department 13  7/12/2018 10:00AM Hearing: Exparte Application Held

Department 14  9/7/2018 9:00AM Hearing: Writ

Department 14  11/6/2018 9:00AM Conference: Case Management

Friday, August 17, 2018

Attorney Neil Shapiro: ‘Dear Ms. Hardy: Because you are represented by counsel, I cannot communicate directly with you. However, there is no prohibition against the party to litigation communicating directly with the other parties. Stated another way, my client is free to communicate with members of the council, but I am not.’

ABSTRACT: RE:In an email to Hardy over the weekend, Voices asked her to expand on her rationale for the current proposal. She responded with an email to Shapiro arguing that as a party to litigation with the city, this writer is somehow barred from communicating with council members. Shapiro advised her that that is not the case.”

SOURCE: AUGUST 5, 2018
Carmel Council poised to give attorney big raise despite resumé issues
KSBW editorial in support of Voices’ public records lawsuit
By Royal Calkins

Carmel-by-the-Sea Mail - Fwd: Your Client Calkins
August 4, 2018

Tuesday, August 14, 2018

Proceeding Number A.12-04-019 DECISION APPROVING A MODIFIED MONTEREY PENINSULA WATER SUPPLY PROJECT, ADOPTING SETTLEMENT AGREEMENTS, ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND CERTIFYING COMBINED ENVIRONMENTAL 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 DECISION APPROVING A MODIFIED MONTEREY PENINSULA WATER SUPPLY PROJECT, ADOPTING SETTLEMENT AGREEMENTS, ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND CERTIFYING COMBINED ENVIRONMENTAL REPORT and APPENDIX B Parties Positions on Supply and Demand document copies are embedded. 
Summary
This decision certifies and applies the combined Final Environmental Impact Report /Environmental Impact Statement, adopts a Statement of Overriding Considerations, and authorizes a Certificate of Public Convenience and Necessity for California-American Water Company’s (Cal-Am) Modified Monterey Peninsula Water Supply Project at a size of 6.4 million gallons per day. It also addresses four proposed settlement agreements. The Commission adopts two of these settlement agreements (Brine Discharge Settlement and Return Water Settlement). This decision declines to adopt the Comprehensive Settlement but does adopt the framework set forth in that agreement based on the proceeding record independent of the proposed settlement. The fourth settlement agreement is rejected (Sizing Settlement).This decision finds that water rate relief bonds issued by the Public Agency will provide savings to customers on the Monterey Peninsula. It directs Cal-Am to prepare progress reports during construction of the Monterey Peninsula Water Supply Project, and publish them on its website. It discusses the need for water supplies in Cal-Am’s Monterey District, reviewing demand and supply estimates and selecting estimates supported by the best evidence. The decision takes into account and apportions between ratepayers and Cal-Am the risks associated with various water supplies. Compliance conditions are imposed in the decision. The settlement agreements submitted and other relevant documents are attached as appendices. To the extent they are not otherwise discussed here, any and all outstanding motions are deemed denied. The proceeding is closed.
O R D E R
IT IS ORDERED that:
1. The Final Environmental Impact Report is hereby certified for the Monterey Peninsula Water Supply Project, and is certified for use by responsible agencies in considering subsequent approvals.
2. California-American Water Company is granted a Certificate of Public Convenience and Necessity for the Monterey Peninsula Water Supply Project (Alternative 5a), subject to California-American Water Company complying with all feasible mitigation measures identified in the combined Final Environmental Report/Environmental Impact Statement, as set forth and in compliance with the Mitigation Monitoring and Reporting Program contained in Appendix D of this decision.
3. The California Environmental Quality Act Findings for the Monterey Peninsula Water Supply Project in Appendix C accurately reflect the independent analysis contained in the combined Final Environmental Report/Environmental Impact Statement, are supported by substantial evidence in the administrative record, and are incorporated as findings herein.
4. The Monterey Peninsula Water Supply Project (MPWSP) (Alternative 5a) benefits and economic, legal, social, environmental and other considerations associated with the MPWSP outweigh and make acceptable the unavoidable impacts identified, for the reasons set forth in the statement of overriding considerations in the California Environmental Quality Act Findings attached to and incorporated as part of this decision, and the Commission adopts and makes this statement of overriding considerations.
5. The benefits identified in the statement of overriding considerations in the California Environmental Quality Act Findings attached to and incorporated as part of this decision each independently provide a sufficient basis to outweigh the MPWSP’s significant unavoidable impacts.
6. The benefits of the MPWSP outweigh the benefits of any of the other alternatives examined, including the alternatives deemed infeasible, and including the no project alternative
7. The Mitigation Monitoring and Reporting Program set forth at Appendix D is adopted.
8. California-American Water Company shall implement the environmentally superior alternative (Alternative 5a) of the Monterey Peninsula Water Supply Project identified in the Final Environmental Impact Report.
9. The Return Water Settlement Agreement, filed on June 14, 2016, is approved, subject to the condition that if the return water obligation is greater than an average of six percent (6%) for years 0-7; four percent (4%) in years 8-15; or 1.5% annually from year 16 forward, ratepayers will not bear any costs for meeting the return obligation above these amounts.
10. Consistent with the understanding that the Commission retains authority to determine appropriate mitigation, compliance, and enforcement as to measures concerning environmental protection pursuant and with respect to California Environmental Quality Act, the Brine Discharge Settlement Agreement, filed on June 14, 2016, and as updated on July 1, 2016, is adopted.
11. The Commission’s Executive Director shall monitor and enforce the mitigation measures set forth in the Mitigation Monitoring and Reporting Program for the Monterey Peninsula Water Supply Project and may delegate such duties to the Commission staff or outside staff.
12. The Executive Director is authorized to employ staff independent of the Commission staff to carry out such functions, including, without limitation, the on-site environmental inspection, monitoring and mitigation supervision of construction of the Monterey Peninsula Water Supply Project. Such staff shall be individually qualified professional environmental monitors or be employed by one or more qualified firms or organizations.
13. California-American Water Company shall comply with all orders and directives of the Executive Director concerning implementation of the environmental mitigation measures described in the Monitoring and Reporting Program.
14. The Executive Director shall not authorize California-American Water Company (Cal-Am) to commence actual construction until Cal-Am has entered into a cost reimbursement agreement with the Commission for the recovery of the costs of complying with the Monitoring and Reporting Program set forth at Appendix D including, but not limited to, special studies, outside staff, or Commission staff costs directly attributable to mitigation monitoring.
15. In monitoring the implementation of the environmental mitigation measures set forth in the Mitigation Monitoring and Reporting Program and required as conditions of this approval, the Executive Director shall attribute the acts and omissions of California-American Water Company’s employees, contractors, subcontractors or other agents to California-American Water Company.
16. California-American Water Company shall submit a Tier 2 advice letter to
reflect the service area extensions set out in Section 5 of the Return Water Settlement to provide water to Castroville Community Services District and Castroville Seawater Intrusion Project.
17. Beginning January 1, 2019, California-American Water Company shall submit quarterly status reports on the permitting, financing, design, bidding, and construction of the Monterey Peninsula Water Supply Project to the Executive Director and to the Director of the Office of Ratepayer Advocates, and publish the reports on a company maintained web site dedicated to the project.
18. California-American Water Company shall meet quarterly with staff of the Office of Ratepayer Advocates and Commission Water Division during the period prior to the plant going into operation and up until at least six (6) months after the date that the Monterey Peninsula Water Supply Project becomes operational.
19. Beginning with the commencement of operation of the Monterey Peninsula Water Supply Project and continuing until otherwise directed to stop, California-American Water Company shall submit regular quarterly filings to the Office of Ratepayer Advocates (ORA) and Water Division as to the volume of water delivered to customers, capacity that the MPWSP is operating, amount of return water needed to meet Cal-Am’s obligation, and whether and why the facility has been offline for any reason. These filings shall be served on the Directors of the ORA and Water Division, and published on a company maintained web site dedicated to the project.
20. Rate recovery for any Operations and Maintenance expenditures will not be authorized absent prior Commission authorization as part of the first general rate case after the Monterey Peninsula Water Supply Project is in operation.
21. The cost cap for the MPWSP and the remaining California-American Water Company (Cal-Am) Only Facilities is $279.1 million excluding the amounts authorized in D.16-09-021. To expend funds that Cal-Am intends to recover from ratepayers beyond the capital cost cap, Cal-Am must file a petition to modify this decision.
22. The Commission’s Energy Division may approve requests by California-American Water Company for minor project refinements that may be necessary due to the final engineering of the project, so long as such minor project refinements are located within the geographic boundary of the study area of the Environmental Impact Report/Environmental Impact Statement and do not, without mitigation, result in a new significant impact or a substantial increase in the severity of a previously identified significant impact based on the criteria used in the Final Environmental Impact Report/Environmental Impact Statement; conflict with any mitigation measure or applicable law or policy; or trigger an additional permit requirement. California-American Water Company shall seek any other project refinements by a petition to modify today’s decision.
23. The Construction Funding Surcharge set forth in this decision is authorized consistent with this decision and the provisions that will be included in the Tier 3 advice letter adjusting the framework set out in the Comprehensive Settlement Agreement.
24. California-American Water Company shall file an application with the Commission requesting issuance of a financing order to allow for the securitization financing option consistent with this decision.
25. California-American Water Company shall submit a Tier 3 advice letter to the Commission that provides for specific adjustments to the framework set out in sections 7, 8 and 10-15 of the proposed Comprehensive Settlement Agreement, after consultation with Commission Water Division Staff and parties to the proceeding. The Tier 3 advice letters shall also provide specific detail to implement the provisions consistent with this decision. The Tier 3 advice letter shall be submitted no later than January 1, 2019.
26. Prior to submitting the Tier 2 advice letters to implement the tariffs in Appendix E of the Return Water Settlement, California-American Water Company shall meet with Commission Water Division Staff and parties to this proceeding to ensure that the tariffs and Tier 2 advice letters submitted consistent with the Return Water Settlement include conditions that limit liability to ratepayers, and clearly recognize that California-American Water Company bears the risk for non-compliance or increased return water deliveries consistent with this decision.
27. California-American Water Company shall record and track separately all collections and expenditures of the Construction Funding Charge in a memorandum account. If the Monterey Peninsula Water Supply Project does not go online or become used or useful to ratepayers the funds collected shall be returned to ratepayers.
28. California-American Water Company shall record and track all capital costs for the MPWSP in a memorandum account. All financing, expenditures, schedule, and progress with construction for the Monterey Peninsula Water Supply Project shall be included in Cal-Am’s quarterly reports, along with any information that the Commission Water Division staff reasonably requires, and any other information reasonably necessary for a full and complete reporting to the Commission.
29. California-American Water Company shall include in its quarterly reports the amounts collected and expended pursuant to the Construction Funding Charge, and all other expenditures for capital costs as of the date of the quarterly report, any other information that Commission Water Division staff reasonably requires, and any other further information reasonably necessary for a full and complete reporting to the Commission of construction costs for the Monterey Peninsula Water Supply Project and remaining Cal-Am Only Facilities.
30. California-American Water Company shall file a Tier 2 advice letter, after consulting with parties and Commission Water Division Staff, for the first year revenue requirement after the facility has been built and is online.
31. If the Monterey Peninsula Water Supply Project goes offline for any reason other than routine maintenance or operates below production capacity levels required to meet customer need for four weeks or more Cal-Am must immediately notify Commission Water Division staff and explain why the facility is offline or operating below capacity. The notification shall be filed no later than the beginning of the fifth week of outage or subpar performance. The notification is to include the reasons for the outage or lower capacity.
32. If the Monterey Peninsula Water Supply Project (MPWSP) is offline, or the slant wells fail to produce at a level that is cost effective for ratepayers for two or more months, California American Water Company (Cal-Am) shall notify and meet with Commission Water Division staff. The notification and meeting shall occur no later than the beginning of the ninth week of outage or subpar performance. Cal-Am shall provide a proposed process to have the plant back online with a timeline, or proposal to remove the MPWSP from ratebase and determine an appropriate mechanism to reimburse ratepayers for any recovery of costs for the time the MPWSP is not used and useful.
33. California-American Water Company (Cal-Am) must make a showing that the expenditures at issue for the Monterey Peninsula Water Supply Project (MPWSP) are reasonable. Each reasonableness showing must include evidence that the MPWSP financing is the lowest cost and most beneficial for ratepayers; that construction is progressing in a timely manner within the cost caps authorized in this decision. Cal-Am will be required to demonstrate the reasonableness of such costs in the first General Rate Case after the MPWSP is operational.
34. If circumstances require the Commission may require California American Water Company to submit a separate application or issue an order instituting an investigation to determine the reasonableness of its expenditures on the Monterey Peninsula Water Supply Project (MPWSP) if the MPWSP is not constructed in a timely manner or fails to operate appropriately.
35. Three cost factors will be considered by the Commission when reviewing the advice letters submitted pursuant to this decision. These cost factors are: 1) costs are for facilities that are used and useful; 2) costs must be reasonable; and 3) costs are for facilities that operate at an appropriate capacity to minimize costs for ratepayers.
36. The motion submitted for adoption of the Brine Discharge Settlement is hereby granted. California American Water Company shall comply with each term and condition set forth in the Settlement Agreement set out at Appendix I to this decision.
37. The motion submitted for adoption of the Return Water Settlement Agreement is hereby granted. California American Water Company shall comply with each term and condition set forth in the Settlement Agreement set out at Appendix H to this decision.
38. The motion submitted for adoption of the Sizing Settlement Agreement is hereby denied.
39. The framework set forth in the Comprehensive Settlement is adopted consistent with this decision, independent of the proposed settlement agreement, based on the testimony and briefing submitted into the record by the parties.
40. The motion submitted for adoption of the Comprehensive Settlement Agreement is denied.
41. To the extent they are not addressed here, any and all outstanding motions are hereby deemed denied.
42. Application 12-04-019 is closed.
NOTE: 08/22/18 2:00 p.m. – 4:00 p.m. ALJ Haga ALJ Houck ALJ Weatherford Comr Randolph A.12-04-019 (OA) - 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, Commission Courtroom, San Francisco

FILED 08/13/18
PROPOSED DECISION OF ALJS HAGA, HOUCK, AND WEATHERFORD (Mailed 8/13/2018)
DECISION APPROVING A MODIFIED MONTEREY PENINSULA WATER SUPPLY PROJECT, ADOPTING SETTLEMENT AGREEMENTS, ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND CERTIFYING COMBINED ENVIRONMENTAL REPORT
APPENDIX A
Procedural History and Glossary

APPENIDX B 
Parties Positions on Supply and Demand