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ITEM: |
PUBLIC HEARING |
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11. |
CONSIDER
SECOND READING AND ADOPTION OF ORDINANCE NO. 157, AN ORDINANCE AMENDING RULE
11 (DEFINITIONS), REVISING RULE 23-A-1-I REGARDING WATER MEASURING DEVICE
REQUIREMENTS AND AMENDING THE TITLE OF RULE 144 |
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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: Completed |
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Committee Recommendation: On November 6, 2013, the Water Demand Committee referred this ordinance to the Board. |
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CEQA Compliance: This
ordinance does not meet the “project” definition according to CEQA Guideline
§15378 (b) (5) |
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SUMMARY: Draft
Ordinance No. 157 (Exhibit 11-A)
amends the definition of the term “Connection Charge” to provide historical
context. In addition, an identical definition is added for the term “Capacity
Fee.” The ordinance clarifies Rule 23-A-1-i,
Action on Application for a Water Permit to Connect to
or Modify an Existing Water Distribution System by replacing the existing Rule
23-A-1-i with clearer policy and a specific variance process for unique
metering situations. Finally, Ordinance No. 157 amends the title of Rule 144 -
Retrofit Upon Change of Ownership or Use, to reflect
that the rule also applies to Expansions of Use.
The proposed ordinance is not a project under CEQA and is therefore not
subject to CEQA evaluation. CEQA Guideline §15378 (a) defines a “project” as an
action that has a potential for resulting in either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the
environment. The proposed amendments to Rules 11 and 23 do not contemplate
approval of any project, and therefore the ordinance does not meet the
“project” definition according to CEQA Guideline §15378 (b) (5) which states:
“Organizational or administrative activities of governments that will not
result in direct or indirect physical changes to the environment.”
RECOMMENDATION: The Board should receive public comment and adopt Ordinance No. 157.
EXHIBIT
11-A Draft Ordinance No. 157
U:\staff\Boardpacket\2013\20131209\PubHrngs\11\item11.docx