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ITEM: |
PUBLIC HEARING |
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14. |
CONSIDER SECOND READING OF ORDINANCE NO. 174 - SUSPENDING AUTHORITY
TO ACCEPT WATER PERMIT APPLICATIONS FOR NEW CONNECTIONS BASED UPON PARALTA ALLOCATION, PRE-PARALTA
ALLOCATION, QUAIL MEADOWS SUBDIVISION ANNEXATION, AND WATER WEST RESERVE |
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Meeting
Date: |
October 17, 2016
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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 Locke |
Cost
Estimate: |
N/A |
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General Counsel Review: Yes. |
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Committee Recommendation: N/A |
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CEQA Compliance: Exempt. This is not a “project” under CEQA. |
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SUMMARY: Ordinance No. 174 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 the following water accounts: A Jurisdiction’s Paralta Allocation, a Jurisdiction’s pre-Paralta credit, the Water West Reserve, or California-American Water Company’s system capacity limits for the Quail Meadows Subdivision Annexation. This ordinance supports the California Public Utility Commission (CPUC) ordered moratorium on new Connections to the Cal-Am system and State Water Resources Control Board (SWRCB) Order WR 2009-0060 and the Cease and Desist Order (CDO) on Cal-Am. New Connections resulting from use of an Entitlement (e.g. Malpaso, Pebble Beach, and Sand City) would not be subject to this action.
By Urgency Ordinance on August 15, 2016, the District suspended staff’s ability to accept applications for New Connections that rely on water from a Jurisdiction’s Paralta or pre-Paralta Allocations. Until that time, District staff had no option other than to accept and process permit applications despite the SWRCB CDO and the CPUC-ordered moratorium, each of which apply directly and only to Cal-Am. Staff was providing notice to the applicant, and the Water Permit warned that even with a MPWMD permit, the project may be restricted by reason of SWRCB and CPUC regulations. When the applicant presented the MPWMD Water Permit to Cal-Am seeking to set a new Water Meter, Cal-Am refused to install the new meter. Urgency Ordinance No. 173 took effect immediately and will remain in place for one year or until superseded. Ordinance No. 174 (Exhibit 14-A) replaces the urgency ordinance and will remain in place until the CPUC moratorium or the CDO is lifted, or until the Board takes action to allow new Connections.
In addition to suspending authority to accept applications for new Connections using either a Jurisdiction’s Paralta Allocation or pre-Paralta Allocation, Ordinance No. 174 suspends staff’s authority to accept Water Permit applications for new Connections that utilize water from either the Quail Meadows Annexation (0.763 AF remains) or the Water West Reserve (3.751 AF). These four sources of water for development are subject to the SWRCB CDO moratorium.
RECOMMENDATION: The Board should approve the second reading and adoption of Ordinance No. 174.
EXHIBIT
14-A Draft Ordinance No. 174
U:\staff\Boardpacket\2016\20161017\PublicHrngs\14\Item-14.docx