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ITEM: |
PUBLIC HEARING |
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11. |
CONSIDER ADOPTION OF URGENCY
ORDINANCE NO. 173, SUSPENDING AUTHORITY
TO ACCEPT WATER PERMIT APPLICATIONS FOR NEW CONNECTIONS BASED UPON THE
PARALTA OR PRE-PARALTA ALLOCATIONS |
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Meeting
Date: |
August 15, 2016 |
Budgeted: |
N/A |
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From: |
David
Stoldt, |
Program/
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N/A |
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General
Manager |
Line
Item No.: |
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Prepared
By: |
Stephanie
Locke |
Cost
Estimate: |
N/A |
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General Counsel Review: Yes
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Committee Recommendation: The Water Demand Committee recommended
approval of the Urgency Ordinance at its August 1, 2016 meeting.
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CEQA Compliance:
Exempt. This is not a “project”
under CEQA. |
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SUMMARY: Urgency Ordinance No. 173 suspends authority to accept Water Permit applications for new Connections to the Main California American Water System (Cal-Am) when the application is based on water from a Jurisdiction’s Paralta or pre-Paralta Allocations. This ordinance supports the California Public Utility Commission (CPUC) ordered moratorium on new Connections to the Cal-Am system. New Connections resulting from use of an Entitlement (e.g. Malpaso, Pebble Beach, Sand City) would not be subject to this action.
At this time, the District continues to receive applications for Water Permits that require installation of new Connections. Despite the Cease and Desist Order (CDO) and the CPUC-ordered moratorium, each of which apply directly and only to Cal-Am, District staff has no option other than to accept and process permit applications. Staff has taken the added step to provide written notice to the applicant, and to add a warning on the Water Permit, that even with an MPWMD permit the project may nonetheless be restricted by reason of SWRCB and CPUC regulations. In practice, even when the applicant presents the MPWMD Water Permit to Cal-Am, seeking to set a new water meter, Cal-Am then refuses to install the new meter.
This scenario is problematic. Applicants may incur planning and design expenses, or even begin construction activity to only find, later, that Cal-Amis required to reject the request to install a new water meter. To avoid these unfortunate consequences, staff recommends enactment of this ordinance to suspend staff authority to accept or process applications for Water Permits for new Connections based Paralta or pre-Paralta water allocations. The Water Demand Committee reviewed this matter on August 1, 2016 and recommended the Board adopt this ordinance as an urgency measure.
An urgency ordinance takes effect immediately upon a single reading if it is approved by at least five (5) members of the Board. The ordinance will sunset one year after enactment. Staff recommends the Board consider a follow-up, non-urgency ordinance during this year to extend these restrictions until the SWRCB CDO and CPUC moratorium issues are resolved.
The Water Demand Committee reviewed this action at its August 1, 2016 meeting and recommended that the Board adopt this ordinance as an urgency measure at the August Board meeting.
RECOMMENDATION: The Board should adopt the urgency ordinance to immediately suspend staff’s authority to accept Water Permit applications for new Connections based on water from either the Paralta or pre-Paralta Allocations. This is an urgency ordinance. To be adopted as an urgency measure, the ordinance must be approved by at least five members of the Board.
11-A Draft Urgency Ordinance No. 173
U:\staff\Boardpacket\2016\20160815\PublicHrngs\11\Item-11.docx