ITEM: |
CONSENT CALENDAR |
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5. |
APPROVE
AMENDMENTS TO DEED RETRICTION GUIDELINES |
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Meeting Date: |
December 9, 2013 |
Budgeted: |
N/A |
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From: |
David J. Stoldt, |
Program/ |
N/A |
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General Manager |
Line Item No.: |
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Prepared By: |
Stephanie Pintar |
Cost Estimate: |
N/A |
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General Counsel Review: N/A |
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Committee Recommendation: The Water Demand Committee and the Rules
and Regulations Committee have reviewed these guidelines and referred them to
the Board for approval. |
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CEQA Compliance: N/A |
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SUMMARY:
Revised Deed Restriction Guidelines (Exhibit 5-A) have been
reviewed by the Water Demand Committee and by the Rules and Regulations
Committee. The revised guidelines respond to the Board’s April 15, 2013
strategic goal to streamline the Water Permit process. The primary change is
the elimination of the requirement for legal review of deed restrictions
involving individual ownership (as opposed to complex ownerships such as
corporations, trusts and partnerships). Other amendments reflect current
practices and refinements to language.
RECOMMENDATION:
By adopting this item with the Consent Calendar, the Board is approving
the revised Deed Restriction Guidelines.
BACKGROUND: Deed restrictions are authorized for
enforcement of District Rules and Regulations by Rule 116. The documents are
used to enforce Water Permit and Water Distribution System Permit conditions,
restrictions or violations, and to notify current and future property owners
thereof. They are also used to enforce the District’s Conservation and
Rationing Regulations, Well Monitoring Program, River Work, and River Access
Permits. Deed restrictions are routinely prepared and recorded by the Water
Demand Division, the Planning & Engineering Division, and by the Water
Resources Division.
The current deed restriction
process has been very successful. Few
people have expressed concern about the specific language of the deed
restrictions being recorded on the title of the property when a Water Permit is
issued. Deed restrictions noticing
violations and restrictions are efficient and effective.
A thorough history of the deed
restriction process was provided to the Water Demand Committee on April 18,
2013 and to the Rules and Regulations Committee on October 28, 2013 and can be
found in the meeting packets for those dates on the District’s website.
IMPACT ON
STAFF/RESOURCES: The proposed changes will reduce the amount
of time needed to process Water Permits for properties under individual
ownership.
EXHIBIT
5-A Proposed
Revisions
to Deed Restriction Implementation Guidelines
U:\staff\Boardpacket\2013\20131209\ConsentClndr\05\item5.docx