WATER DEMAND COMMITTEE

 

2.

PROVIDE DIRECTION TO STAFF ON PROCESSING ORDINANCE NO. 146, AN ORDINANCE TOLLING THE EXPIRATION DATE FOR WATER CREDITS FOR THE DURATION OF ANY MORATORIUM PRECLUDING THEIR USE AND PROVIDE DIRECTION TO STAFF

 

Meeting Date:
February 4, 2011

Budgeted: 

N/A

 

From:

Darby Fuerst,

Program/

N/A

 

General Manager

Line Item No.:

 

Prepared By:

Stephanie Pintar

Cost Estimate:

N/A

 

General Counsel Review:  Counsel has been consulted regarding this item

Committee Recommendation:  N/A

CEQA Compliance:  N/A

 

SUMMARY:  Staff prepared a draft Initial Study for draft Ordinance No. 146 for planning purposes only (Exhibit 2-A).  The Initial Study is the first step in the California Environmental Quality Act (CEQA) process to determine the level of review a project requires.  Based on staff’s review of current documented Water Use Credits, current rules, expert opinion and substantial evidence, staff is recommending that an Environmental Impact Report (EIR) be prepared on the tolling of Water Use Credits during a California Public Utilities Commission (CPUC) ordered moratorium. 

 

As an alternative staff has suggested two amendments to the Rules of the District that would reduce the impact of the project to a level that would not have the potential to significantly impact the environment. The amendments reflect mitigation measures that would: (1) extend the tolling period until after the current shortfall has been met and new supply has been developed that is sufficient to offset the Water Use Credits tolled by Ordinance No. 147; and (2) disallow Water Use Credits for all mandated retrofits, including future requirements that have been adopted by the District.  Amendments to the District’s rules require an ordinance and potentially have other impacts on the community.  Under this alternative, a Mitigated Negative Declaration would be prepared.

 

RECOMMENDATION:  The Water Demand Committee should discuss the staff findings and provide direction.

 

IMPACT ON STAFF/RESOURCES:  Costs for preparing an EIR were not budgeted in the Fiscal Year 2010-2011 budget.  Significant staff resources have been utilized to prepare the Initial Study and to document existing Water Use Credits. 

 

EXHIBITS

2-A      Draft Initial Study

 

 

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