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ITEM: PUBLIC HEARING |
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14. |
Consider
SECOND A.
Consider adoption of negative declaration in
compliance with B.
Consider adoption of ordinance no. 134 |
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Meeting
Date: |
August 18, 2008 |
Budgeted: |
N/A |
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Program/ |
N/A |
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General
Manager |
Line Item No.: |
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Prepared
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Cost Estimate: |
N/A |
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General Counsel Approval: |
Yes |
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Committee Recommendation: |
The Water Demand
Committee reviewed the revised ordinance on July 15, 2008, and unanimously
recommended approval. |
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CEQA Compliance: |
Negative Declaration.
CEQA Initial Study and Notice of Intent to Adopt a Negative Declaration
filed with County Clerk on April 18, 2008.
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SUMMARY: Revised Ordinance No. 134 (Exhibit 14-A) amends the District’s Expanded Water Conservation and Standby Rationing Plan to recognize the Seaside Adjudication Decision and to clarify existing language. Revised Ordinance No. 134 does not make any change to the existing definition of the Monterey Peninsula Water Resource System. The definition is being considered in a separate ordinance, Ordinance No. 135, scheduled for consideration on August 18, 2008.
A Negative Declaration was
processed and circulated for this ordinance in April 2008. No comments were received. As part of the consideration of adoption for
Ordinance No. 134, the Board must also consider adoption of the Negative
Declaration, shown as Exhibit 14-B. If approved, a Notice of Determination will
be filed with the
DISCUSSION: Revisions were made to Ordinance No. 134 following review of the previous version on May 18, 2008. Revisions to the definition of the Monterey Peninsula Water Resource System have been removed, and will be considered as a separate action. The following direction was provided by the Board at the July 21, 2008 meeting:
Unaccounted for Water Use Standard. The Board’s current standard of seven (7) percent Unaccounted for Water use in California American Water’s (CAW) Main System remains unchanged until CAW provides justification for making a change or proposes an acceptable alternative standard for consideration. For Water Year 2007, CAW’s Unaccounted-For-Water Use was 10.6%.
Moratorium. The Board concurred with the Water Demand Committee recommendation and directed that a moratorium should occur immediately upon declaration of Stage 5 to send a clear message to the community. Similar language is contained in Rule 166, Stage 6.
Outdoor Water Use Restrictions. Provisions to consider implementing outdoor water use restrictions were added to Rule 165, Stage 5. Previously, Non-residential outdoor water use restrictions began in Stage 6, Rule 166-M. Stage 6 also includes restrictions on (1) operation and use of ornamental water fixtures (Rule 166-O), and (2) the use of water from the Monterey Peninsula Water Resource System for dust control purposes (Rule 166-P), and (3) a prohibition on the use of portable water for dust control (Rule 166-P).
BACKGROUND: Since 1999, MPWMD’s Regulation XV, Expanded
Water Conservation and Standby Rationing Program, in combination with an
extensive public awareness campaign and comprehensive water rate structure has
enabled compliance with State Water Resources Control Board (SWRCB) Order No. WR
95-10. The plan also provides the
foundation for water rationing in the event of drought or other emergency
reductions in water supply.
RECOMMENDATION:
The Board should receive comments from the public, adopt the proposed
Negative Declaration based on the Initial Study dated April 16, 2008, and
direct staff to file a Notice of Determination with the
EXHIBITS
14-A Draft Ordinance No. 134
14-B Negative Declaration for Ordinance No. 134
U:\staff\word\boardpacket\2008\2008boardpackets\20080818\PublicHrgs\14\item14.doc