Showing posts with label Monterey County Weekly. Show all posts
Showing posts with label Monterey County Weekly. Show all posts

Saturday, February 09, 2019

LAW OFFICES OF NEIL L. SHAPIRO: ‘Dear Ms. Theis: Since before the November election and continuing to the present time, you have told people that the only reason that Royal Calkins prevailed in his Public Records Act action against the City is that I am a close friend of the Hon. Robert A. O'Farrell. That statement is both false and defamatory. The purpose of this letter is to suggest that you cease making it or any other that is based on falsehoods and that impugns the character and reputation of its subjects.”’

ABSTRACT: In an e-mail communication to Carrie Theis, City Council Member, dated December 15, 2018, attorney Neil L. Shapiro, LAW OFFICES OF NEIL L. SHAPIRO, stated, in part, “Since before the November election and continuing to the present time, you have told people that the only reason that Royal Calkins prevailed in his Public Records Act action against the City is that I am a close friend of the Hon. Robert A. O'Farrell. That statement is both false and defamatory. The purpose of this letter is to suggest that you cease making it or any other that is based on falsehoods and that impugns the character and reputation of its subjects.” 
“I hope that you understand that your statement was and is legally actionable. If you do the proper thing and cease repeating the statement, the issue will end here. If you do not, I will take formal steps to stop you from damaging the reputations of decent people, and to provide redress to those harmed by your unfortunate and careless action.” 
A document copy of the email correspondence is embedded.

LAW OFFICES OF NEIL L. SHAPIRO
December 15, 2018
By email
Carrie Theis
City of Carmel-by-the-Sea
Monte Verde between Ocean and 7th
Carmel, CA 93921

REFERENCE:
SQUID FRY 01.17.19: Shark Attack…
Squid
Jan 17, 2019

Saturday, June 18, 2016

California State Water Resources Control Board Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company & Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060

ABSTRACT: On July 17, 2016, the California State Water Resources Control Board staff issued Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company and Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060. Importantly, “Cal-Am shall diligently implement actions to terminate its unlawful diversions from the Carmel River and shall terminate all unlawful diversions from the river no later than December 31, 2021. This date supersedes the December 31, 2016 date in State Water Board Order WR 2009-0060.” “The public is invited to comment on California-American Water’s (Cal-Am) request to modify State Water Board Order WR 2009-0060, on the preliminary recommendation, or other related documents prior to the July 19, 2016 State Water Board meeting, at which the Board is anticipated to consider action on the application. Staff may further amend its recommendations before that time. Written Comments are due no later than 5:00 PM on July 13, 2016.” Staff Preliminary Recommendation includes the following sections:
1. Extension of the Order to December 31, 2021
2. Effective Diversion Limit (EDL)
Staff proposes an effective diversion limit of 7,990 AFA.
3. Milestone Adjustment to EDL
Staff proposes accepting the concept of milestones, as they provide incentive for development of alternative water supplies, and also provide a stepping-down of diversions from the Carmel River in the event that the water supply projects do not continue on a path towards completion in a reasonable time.
4. Carryover Credits
5. New Water Meter Connections
6. Small Projects & Instream Flow Protections
7. Aquifer Storage & Recovery (ASR) Accounting
8. Extension of Allowing use MPWMD allotment credits for Pebble Beach
9. Milestone Exceptions
10. Funding for Steelhead Fishery Report
11. Conservation Measure Funding, Old Carmel River Dam & Sleepy Hollow Ford
12. Malpaso and Pacific Grove Water Supplies
The Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company June 17, 2016 and Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060 document copies are embedded. 
Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060
California-American Water Company
June 17, 2016
Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060
STATE OF CALIFORNIA
In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company

REFERENCE:
 MONTEREY COUNTY WEEKLY

Thursday, August 27, 2015

COMPLAINT FOR DAMAGES: JENNIFER DA SILVA, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive, Defendants. Case No. M132929, SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY- UNLIMITED JURISDICTION

ABSTRACT: On August 7, 2015, Jennifer Da Silva filed a COMPLAINT FOR DAMAGES against CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive. FIRST CAUSE OF ACTION 42 U.S.C. § 1983-VIOLATION OF CIVIL RIGHTS (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); SECOND CAUSE OF ACTION FALSE IMPRISONMENT (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); THIRD CAUSE OF ACTION BATTERY (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); FIFTH CAUSE OF ACTION MALICIOUS PROSECUTION (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE); SIXTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE); SEVENTH CAUSE OF ACTION NEGLIGENCE (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); and EIGHTH CAUSE OF ACTION NEGLIGENCE (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as follows:
1. For an award of compensatory damages from Defendants, jointly and severally, in an amount to be proven at trial;
2. For an award of punitive damages against the individual defendants sued in their personal capacity for all actions complained of, including those outside the scope of the employment;
3.For an award of attorneys' fees and cost of suit; and
4. For such other and fu1iher relief as the court may deem just and proper.
The COMPLAINT FOR DAMAGES document copy is embedded. Schedule Events includes Case Management Conference, December 8, 2015 at 9:00 A.M., Courtroom 14, Monterey Courthouse.

REFERENCE: Cell to Cell Cell phone squabble bloodies Carmel mom. David Schmalz, Posted: Thursday, August 27, 2015, MONTEREY COUNTY WEEKLY

COMPLAINT FOR DAMAGES
JENNIFER DA SILVA, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive, Defendants. 
Case No. M132929
SUPERIOR COURT OF CALIFORNIA 
COUNTY OF MONTEREY- UNLIMITED JURISDICTION

Thursday, November 27, 2014

Marina Coast Water District’s Request for Temporary Restraining Order Against California American Water Company & California Coastal Commission to Halt Test Slant Well, Sacramento Superior Court, December 5, 2014; Opening Arguments in Trial Regarding Regional Desalination Project, San Francisco Superior Court, December 2, 2014

ABSTRACT:  On Monday, November 24, 2014, Marina Coast Water District filed a lawsuit against California American Water Company and California Coastal Commission in Sacramento County Superior Court “seeking a temporary restraining order and injunction against Cal Am and the Coastal Commission to block Cal Am from moving forward” with the test slant well. The lawsuit states, in part, “Cal Am has no groundwater rights in the Salinas River Groundwater Basin." "The slant well project and Monterey Peninsula Water Supply Project [the name of the current desalination proposal] could have a significant impact on the Salinas Valley Groundwater Basin," according to reporting in the MONTEREY COUNTY WEEKLY.  Marina Coast Water District’s request for a restraining order is scheduled for a hearing on Friday, December 5, 2014.

And on Tuesday, December 2, 2014, “Opening arguments in the case pitting three former regional partners — the Monterey County Water Resources Agency, California American Water and the Marina Coast Water District — are set for Tuesday before Judge Curtis Karnow in San Francisco Superior Court. At issue whether the conviction of former county water board member Stephen Collins on a conflict-of-interest charge voided project agreements, a key to determining who is liable for up to $18 million in remaining costs for the now-abandoned project” according to reporting in The Monterey County Herald.

REFERENCES:
Marina Coast Water District sues California Coastal Commission over approving Cal Am test well.
Sara Rubin, MONTEREY COUNTY WEEKLY, November 26, 2014

Regional desal project trial to start in SF next week
By Jim Johnson, Monterey Herald
Posted: 11/26/14, 6:07 PM PST

Friday, October 24, 2014

Steve McInchak, Information Systems & Network Manager, Died October 22, 2014

ABSTRACT: “Steve McInchak, the Carmel information systems and network manager who was accused of wrongdoing and later cleared, has died. He was 63.” “Mr. McInchak, who was suing the city of Carmel, died early Wednesday of an apparent heart attack, his attorney, Michelle Welsh of Pacific Grove, announced Friday,” according to reporting in The Monterey County Herald.

REFERENCES:
Carmel systems manager Steve McInchak dies
Attorney says he died of apparent heart attack
By Thomas Leyde, The Monterey County Herald, 10/24/2014

by David Schmalz, MONTEREY COUNTY WEEKLY
Posted: Friday, October 24, 2014

Saturday, November 09, 2013

PUBLIC RECORDS ACT REQUESTS: Attorney Michael Stamp Representing John Hanson, Former Building Official

ABSTRACT: As reported in the Monterey County Weekly (As Number of Layoffs at Carmel City Hall Grows, Ex-Employees Start Hiring Lawyers, Sara Rubin, Thursday, October 31, 2013), former Building Official John Hanson has retained attorney Michael Stamp. Information related to Michael Stamp’s Public Records Act requests, including Date Received, 10-Days date, Requestor and Content of Request and Fulfilled Status by Michael Stamp submitted to the City on October 24, 2013, are reproduced from the City’s Public Records and Media Request Log.
Note: Previously, attorney Michael Stamp represented former Carmel-by-the-Sea employees Greg D’Ambrosio, Brain Donoghue, Sandy Farrell and Margaret Pelikan. All of their claims related of “hostile workplace environment” and were settled in excess of $500,000. In 2008, Stamp represented Human Resources Manager Jane Miller and filed a lawsuit against the City for claims of sexual harassment, employment discrimination and retaliation. The City settled the lawsuit for $600,000 and over $200,000 in attorney fees in 2010.


                                                 PUBLIC RECORDS ACT REQUEST

Date Received: 10-24-13

10-Days: 11-07-13

Requestor: Michael Stamp

Content of Request:
All employee employment contracts and/or employment agreements with the City in effect at any time in the last 10 years;

Records showing the current employment status of employees (or past employees) who had employment contracts and/or agreements with the City at any time in the last 10 years;

resumes of applicants, job applicants and job offers for the following positions, including when an employee was hired or promoted or placed on temporary or ongoing leave, if at all, at any time in the last five years a) City Manager b) Planning & Building Services Mgr c) Chief of Police d) Human Resources Mgr (or equivalent position);

Records that discuss, mention, or refer to any City employees placed on paid administrative leave during any time in the last five years;

The City's anti-discrimination employment policy.

The most recent City employee organizational charts which show City positions and the persons currently filling those positions for the City;

Resumes, or equivalent records, for employees hired to fill positions that are management level or above and the person was hired (sic) by the City at any time during the last five years;

Employee contracts entered into or in effect at any time in the past five years

Fulfilled Status: PENDING

Source: Public Records and Media Request Log , November Agenda Packet

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.

Friday, February 01, 2013

Monterey Peninsula Water Management District (MPWMD) Board of Directors: AGENDA ITEMS Update on Aquifer Storage and Recovery Injection Operations – Water Year 2013 to Date, Consider Changes to Project Sizing by California American Water & Provide Guidance to Staff Regarding District Positions for Testimony due February 22, 2013 in CPUC Application 12-04-019, 30 January 2013

RELATED NEWS ARTICLE: 
HOLE IN THE BUCKET 
Cal Am doesn’t squeeze all it could out of aquifer storage and recovery.
Thursday, January 31, 2013

Excerpts Highlights:
“But an update presented to the district water board Jan. 30 finds that if the three ASR wells had been maximized, Cal Am could have injected 660 acre-feet in that time frame. (A fourth ASR well was recently built but is not yet connected to electrical and water lines.)”
“Why is the program falling short? One ASR well, according to the report, is out of service while Cal Am repairs broken shaft bearings. An equipment glitch at a river source well couldn’t be fixed due to wet conditions. Cal Am system demand spiked at times, reducing the amount of water that could be diverted to ASR. And several upper-river source wells stopped working when temperatures dropped below freezing earlier this month. Cal Am also missed several days of ASR production at the beginning of the season because its production wells were not ready, according to District General Manager David Stoldt.”


ABSTRACT:  Pertinent Agenda Items of the Board of Directors, Monterey Peninsula Water Management District, January 30, 2013, related to water, are presented.  Specifically, Agenda Items:  Update on Aquifer Storage and Recovery Injection Operations – Water Year 2013 to Date, Consider Changes to Project Sizing by California American Water, Provide Guidance to Staff Regarding District Positions for Testimony due February 22, 2013 in CPUC Application 12-04-019, Letters Received (featuring Roger Dolan, Carmel Valley Association Water Committee) and Monthly Water Supply and California American Water Production Report.

Regular Meeting
Board of Directors
Monterey Peninsula Water Management District

Wednesday, January 30, 2013

5:30 PM – Closed Session
Tarpy’s Roadhouse Restaurant, Tack Room
2999 Monterey Salinas Highway, Monterey, CA

7:00 PM – Regular Board Meeting
Conference Room, Monterey Peninsula Water Management District
5 Harris Court, Bldg G, Monterey, CA

Board of Director
David Pendergrass, Chair – Mayoral Representative
Brenda Lewis, Vice Chair – Division 1
Judi Lehman – Division 2
Kristi Markey – Division 3
Jeanne Byrne – Division 4
Robert S. Brower, Sr. – Division 5
David Potter – Monterey County
Board of Supervisors

General Manager
David J. Stoldt



REPORTS/PRESENTATIONS

ACTION ITEMS -- Public comment will be received on each of these items.  Please limit your comment to three (3) minutes per item.

Action:  Board should discuss and determine if it would like to adopt a formal position of support, disagreement, or neutrality, and direct staff to include in District testimony.

Action:  Board should discuss and recommend “high level” policy guidance for development of the District’s February testimony.


REPORTS/PRESENTATIONS


ITEM:
REPORTS/PRESENTATIONS

17.
UPDATE ON AQUIFER STORAGE AND RECOVERY INJECTION OPERATIONS - - WATER YEAR 2013 TO DATE

Meeting Date:
January 30, 2013

Budgeted: 

NA


From:
David J. Stoldt
Program/
NA

General Manager
Line Item No.:     NA

Prepared By:
Joe Oliver/Jon Lear
Cost Estimate:
NA

General Counsel Approval:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A







SUMMARY:  The Monterey Peninsula Water Management District (MPWMD) and California American Water (Cal-Am) are working cooperatively to implement the Water Year (WY) 2013 operation of the Aquifer Storage and Recovery (ASR) projects in the Seaside Groundwater Basin (i.e., Water Projects 1 and 2 at the Santa Margarita and Seaside Middle School sites, respectively).  The WY 2013 injection operations began on December 3, 2012.  Since then through January 16, 2013 when injection operations were temporarily curtailed pending resumption of adequate Carmel River Basin (CRB) flows above minimum bypass flow requirements, a total of 294.5 acre-feet (AF) has been injected into the SGB for storage and subsequent recovery later this year during the dry season.  This amount exceeds the 131.3 AF that were injected during the entire previous injection season (WY 2012, which was a dry year).   A breakdown of the actual injection amounts and potential volumes that could have been injected with the available online ASR well capacity, additional ASR well capacity not currently online, and maximum diversion under the water rights permits for the projects, is provided in the Background section below.

RECOMMENDATION:  This is a status update item for information purposes only.

BACKGROUND:  During WYs 1998 through 2007, MPWMD had been injecting CRB source water into the Seaside Basin as part of an ASR feasibility testing program in the SGB.  Subsequently, MPWMD and Cal-Am have been cooperatively implementing permanent ASR operations at the Santa Margarita (Water Project 1) facility under a jointly held water right issued by the State Water Resources Control Board (SWRCB) in WY 2008.  More recently, beginning in WY 2012, permanent ASR operations were initiated at a second ASR facility being developed by Cal-Am with assistance from MPWMD at the nearby Seaside Middle School (Water Project 2) facility.  There are two ASR wells at each facility, for a total of four ASR wells thus far in the SGB.  From the beginning of the MPWMD’s ASR feasibility testing program in WY 1998 through the end of the previous WY 2012 season, a total of 4,477 AF has been injected and temporarily stored in the SGB for use in offsetting impacts associated with Cal-Am’s CRB production during low-flow, high-demand periods.

The breakdown of actual and potential injection volumes so far in WY 2013 is summarized as shown below.

            Actual injection to date                                                     294 AF
            Potential injection with two ASR wells maximized               449 AF
            Potential injection with three ASR wells maximized             660 AF
            Potential injection with full water rights maximized              958 AF

During this early part of WY 2013, two ASR wells have been available for injection operations – ASR-1 at the Santa Margarita site, and ASR-3 at the Seaside Middle School site.  There is an additional ASR well at each site that is not currently available.  As shown above, the actual injection of 294 AF is 65% of the potential injection volume of 449 AF with the two available online ASR wells operating at capacity (3,000 gallons per minute [gpm] combined).  Several factors attributable to a combination of Cal-Am production system issues contributed to the actual injection volume falling below the available ASR well capacity.  These factors included:  a major CRB source well (Canada well) being offline due to an equipment failure that could not be accessed for repair due to wet conditions, temporary “spikes” in Cal-Am system demand that at times reduced the amounts that could be diverted to the ASR wells for injection, and the unanticipated loss of production from several of Cal-Am’s upper CRB source wells due to the failure of the wells’ operating equipment from sub-freezing temperatures during the cold weather earlier in January 2013.

The third ASR well (ASR-1) is equipped for injection, but is currently not in service pending completion of repairs to its shaft bearings that failed during WY 2012 extraction operations.  This repair work is being conducted by Cal-Am and is scheduled to be underway within the next few weeks, and it is anticipated this well will be back in service later this injection season.  Had the ASR-1 well also been available for injection during the initial part of the WY 2013 season, up to 660 AF could have been diverted for injection with all three wells operating at capacity (4,500 gpm combined).

The fourth ASR well (ASR-4) was recently constructed in 2012 and has not yet been equipped with its permanent pump & motor, and has not been connected to permanent water and electrical lines.  This work is scheduled for completion later in 2013.  Had the ASR-4 well also been available for service during the early part of the WY 2013 season, up to 958 AF could have been diverted for injection with all four wells operating at the maximum amounts allowed under the two SWRCB ASR water rights permits (6,590 gpm combined).

ACTION ITEMS -- Public comment will be received on each of these items.  Please limit your comment to three (3) minutes per item.

Action:  Board should discuss and determine if it would like to adopt a formal position of support, disagreement, or neutrality, and direct staff to include in District testimony.


ITEM:
ACTION ITEM

18.
CONSIDER CHANGES TO PROJECT SIZING BY CALIFORNIA AMERICAN WATER

Meeting Date:
January 30, 2013

Budgeted: 

N/A


From:
David J. Stoldt
Program/


General Manager
Line Item No.:     

Prepared By:
David J. Stoldt
Cost Estimate:


General Counsel Approval:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A







SUMMARY:  During the January 9, 2013 Public Participation Hearings on A.12-04-019 in Monterey, Cal-Am indicated that it was increasing the size of the proposed desalination facilities to incorporate replenishment of the Seaside Basin, as well as potential demand they had previously not included in the project sizing. These include build-out of the Pebble Beach project the EIR for which was certified by the County last summer, the potential “bounce back” in tourism resulting from economic recovery and utilizing existing visitor-serving capacity, and legal lots of record.  These additions are shown in the table below:

Estimated Demand –Mid Range (AFY)
15,296
5yr Average (AFY)
13,290
Pebble Beach (AFY)
325
Tourism Bounce Back (AFY)
500
Lots of Record (AFY)
1,181

The resulting revised facility size is 6,252 AF with GWR, or 9,752 without GWR.

RECOMMENDATION:  The Board should discuss and determine if it would like to adopt a formal position of support, disagreement, or neutrality.  Such position will be incorporated into District testimony to be filed in February.

BACKGROUND:  As part of its application, Cal-Am indicated it needed new supplies of 9,006 acre foot per year (AFY) in order to meet an annual estimated demand of 15,250 AFY. This estimated demand was derived from the last Environmental Impact Report (“EIR”) and was the amount agreed upon by the parties in the settlement adopted in decision D.10-12-016.

Since Cal-Am filed its application, a couple of items have been brought to their attention that merits an adjustment to the estimated annual demand. These changes are as follows:

·         A payback schedule for the Seaside Groundwater Basin was set at 25 years. Essentially, this reduces the available supply from the Seaside Basin from 1,474 AFY to 774 AFY.
·         The tourism industry pointed to recent reductions in their occupancy rates that will come back and since they are existing customers, the use of a 5-year historical average may not reflect their true demand. Cal-Am reviewed past water use by commercial class users and has allocated 500 AFY for this updated demand return.  MPWMD staff analysis of this amount is attached as Exhibit 18-A.

·         Cal-Am has included an additional 325 AFY of potable water demand that needs to be included for the recently approved Pebble Beach build-out.

·         Cal-Am provided the estimated demands for the Lots of Records (LOR) of 1,181 AFY.

As part of their supplemental testimony, Cal-Am has re-evaluated the plant size to accommodate the above listed supply and demand changes with the assumption that current demands remain equal to the 5-year historical average which is approximately 13,290 AFY.

Summed up, the revised demands are 15,296 AFY, however, due to the reduction in the Seaside Basin supply, the desal plant needs to be sized larger by approximately 700 AFY or 0.6 million gallons per day (MGD) to account for the reduction in supply. Please refer to Exhibit 18-B which is a plant sizing memorandum from RBF Consulting dated January 7, 2013 that discusses the updated sizing of the desal plant with and without the Groundwater Replenishment (GWR) project.

The resulting revised facility size is 6,252 AF with GWR, or 9,752 without GWR.

EXHIBITS

18-A    MPWMD Analysis of Hospitality Bounce-Back
18-B    Plant Sizing Memorandum

Action:  Board should discuss and recommend “high level” policy guidance for development of the District’s February testimony.


ITEM:
ACTION ITEM

19.
PROVIDE GUIDANCE TO STAFF REGARDING DISTRICT POSITIONS FOR TESTIMONY DUE FEBRUARY 22, 2013 IN CPUC APPLICATION 12-04-019

Meeting Date:
January 30, 2013

Budgeted: 

N/A


From:
David J. Stoldt
Program/


General Manager
Line Item No.:     

Prepared By:
David J. Stoldt
Cost Estimate:


General Counsel Approval:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A







SUMMARY:  In September 2012, the Board considered several items for inclusion in its October 1, 2012 public participation proposal.  At this time, the District is asked to file its first testimony as an intervenor in the proceeding.  This testimony can encompass issues raised in California American Water’s (Cal-Am) initial application and testimony from April 2012 and its supplemental testimony filed January 11, 2013, as well as any of the other filings made by Cal-Am and intervenors over the course of the past ten months.  The Cal-Am application and testimony can be found at the following website:  http://www.watersupplyproject.org/downloads. The board needs to consider several areas related to the proceeding and recommend guidance to staff for development of testimony due February 22, 2013.

RECOMMENDATION:  The Board should discuss and recommend “high level” policy guidance on key subject areas identified below, to be incorporated into District testimony to be filed in February.  The General Manager recommends the following.

General Statement of Support for the Application – The Board should determine if the District supports, does not support, or is neutral with respect to Cal-Am’s application.  The General Manager recommends qualified or conditional support based on Cal-Am’s incorporation of the governance and financial proposals the District made in its October 1 Public Participation filing (discussed more fully below.)

Groundwater Replenishment (GWR) – The Board should consider a strong statement endorsing GWR.  MPWMD’s testimony can refer to and attach SWRCB 84-7 as an exhibit, and the text can amplify that this mandate was referenced in the Cease and Desist Order (CDO) requiring dischargers in “water short areas who propose to discharge treated wastewater to the ocean to evaluate the potential for water reclamation.”  This will tie the CDO to SWRCB 84-7, and provide a logical basis for the CPUC to weigh in as to Cal-Am’s obligations in this arena.  We can further cite the SWRCB proposed Recycled Water Policy, the draft of which was circulated in January 2013.

Governance – The mayors and the District continue to advance discussions with Cal-Am for formation of a Governance Committee and revisions have been made to the document approved by the District in September 2013.  The Board should consider approval of the current draft of the governance proposal, attached as Exhibit 19-A.

Public Contribution – One of the financing proposals the District made in its October filing was the use of low-cost public debt to reduce the cost of the project to ratepayers.  This has become a key proposal in the discussions between Cal-Am, the Mayors Authority and the District.  The Board should consider reconfirming its commitment to a financial contribution to the benefit of ratepayers, as well as the other financial suggestions recommended at its September 2012 meeting and included in the District’s October 1 filing regarding State Revolving Fund Loans; Issuing tax-exempt debt on Cal-Am’s behalf (conduit); and providing a public “credit back-stop.”  A description of a potential contribution of public funds is included as Exhibit 19-B.

Surcharge 2 – The Board may wish to state a position on the proposed collection of Surcharge 2, approximately $99 million of pay-as-you-go financing to be raised from Cal-Am rates during the construction period.  This surcharge is designed to ease in or “step up” the revenue requirement for the project costs incrementally each year.  Its use does reduce the overall cost to the community during the life of the project, but does increase the burden on ratepayers in the first few years.  Opponents are also concerned it places the early, riskier expenditures on ratepayers.  One option to mitigate this perceived risk is to allocate those funds specifically for the Cal-Am investments in transmission, storage, and Aquifer Storage and Recovery (ASR) – projects that must be undertaken irrespective of the desalination facility undertaken.

Alternative Desalination Project – The Board should discuss how the District should introduce this topic to its testimony.  This aspect of the District’s testimony will also address the Pacific Grove filing on behalf of the Peoples Moss Landing project.

Pacific Grove Small Projects – The Board should consider testimony in general support of Pacific Grove’s proposal(s) for small water projects that might allow it to shift irrigation of its municipal golf course from potable water to recycled water, thereby increasing supplies available for development.

Project Sizing – This topic was discussed under Agenda Item 18.

EXHIBITS
19-A    District and Authority’s Proposal on Governance, as of 1-24-13
19-B    Example of Potential Contribution of Public Funds


INFORMATIONAL ITEMS/STAFF REPORTS   The public may address the Board on Information Items and Staff Reports during the Oral Communications portion of the meeting.  Please limit your comments to three minutes.




ITEM:
INFORMATIONAL ITEMS/STAFF REPORT

25.
MONTHLY WATER SUPPLY AND CALIFORNIA AMERICAN WATER PRODUCTION REPORT

Meeting Date:
January 30, 2013

Budgeted: 

N/A


From:
David J. Stoldt,
Program/
N/A

General Manager
Line Item No.:



Prepared By:
Jonathan Lear
Cost Estimate:
N/A

General Counsel Review:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A








Exhibit 25-A shows the water supply status for the Monterey Peninsula Water Resources System (MPWRS) as of January 1, 2013.  This system includes the surface water resources in the Carmel River Basin, the groundwater resources in the Carmel Valley Alluvial Aquifer and the Seaside Groundwater Basin.  Exhibit 25-A is for Water Year (WY) 2013 and focuses on four factors: rainfall, runoff, storage, and steelhead.  The rainfall and streamflow values are based on measurements in the upper Carmel River Basin at San Clemente Dam. 

Water Supply Status:  As shown, rainfall during December 2012 totaled 7.70 inches and brings the cumulative rainfall total for WY 2013 to 11.11 inches, which is 164% of the long-term average through December.  Estimated unimpaired runoff during December 2012 totaled 12,908 acre-feet (AF) and brings the cumulative runoff total for WY 2013 to 13,719 AF, which is 185% of the long-term average through December.  Usable storage, which includes surface and groundwater, was 29,920 AF, or 102% of the long-term average through December.  This storage equates to 79% of system capacity.  In addition, 18 adult steelhead were counted in the fish ladder at San Clemente Dam for WY 2013 through December.

Production Compliance:  Under State Water Resources Control Board (SWRCB) Cease and Desist Order No. 2009-0060, California American Water (Cal-Am) is allowed to produce no more than 10,187 AF of water from the Carmel River in WY 2013.  In addition, under the Seaside Basin Decision, Cal-Am is allowed to produce 2,669 AF of water from the Coastal Subareas and 147 AF from the Laguna Seca Subarea of the Seaside Basin in WY 2013.  Altogether, Cal-Am is currently allowed to produce 12,856 AF from Carmel River and Seaside Coastal sources for customers in its main Monterey system and 147 AF from the Laguna Seca Subarea for customers in Ryan Ranch, Hidden Hills, and Bishop Systems (not adjusted for ASR recovery or Sand City Desalination).  For WY 2013 through December, Cal-Am has produced 2,574 AF from the Carmel River, Seaside Basins, Sand City Desalination, and ASR recovery, for customer use.  This water production is 378 AF or 12.8% less than the target specified for Cal-Am’s production from the MPWRS for WY 2013 through December.  A breakdown of Cal-Am’s production for WY 2013 through December is included as Exhibit 25-B.  Cal-Am’s production from the Carmel River Basin is reduced for diversions that are made for injection into the Seaside Basin; Cal-Am’s “native” Seaside Basin production is reduced for injected water recovery. For WY 2013 through December, 140 AF of Carmel River Basin groundwater have been diverted for Seaside Basin injection; 131 AF have been recovered for customer use. Exhibit 25-C  shows production breakdown from all sources for all uses.

Some of the values in this report may be revised in the future as Cal-Am finalizes their production values and monitoring data.

EXHIBITS
25-A    Water Supply Status: January 1, 2013
25-B       Monthly Cal-Am Diversions from Carmel River and Seaside Groundwater Basins:  Water Year 2013
25-C       Monthly Cal-Am production by source: WY 2013