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ITEM: |
PUBLIC
HEARINGS |
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12. |
CONSIDER SECOND |
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Meeting Date: |
March 21, 2005 |
Budgeted: |
N/A |
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From: |
David A. Berger, |
Program/ |
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General Manager |
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Prepared By: |
Stephanie Pintar |
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N/A |
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General Counsel Approval: Legal Counsel Drafted Ord. 119 |
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Committee Recommendation: Water Demand Committee Endorsed |
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CEQA Compliance: Negative Declaration Adopted February 24,
2005 |
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SUMMARY: The Board is considering the second reading and adoption of Ordinance No. 119. Ordinance No. 119 (Exhibit 12-A) would amend the Monterey Peninsula Water Management District rules and regulations to modify standards and procedures pertaining to water use restrictions for the Monterey Peninsula Modifications to increase the effectiveness of Stage 3 following last year’s requirement for summer conservation.
The changes to the Expanded Water Conservation and Standby Rationing Plan (EWC/SRP) are intended to maintain California American Water’s (Cal-Am) water production from the Carmel River below the limits set by the State Water Resources Control Board (SWRCB), to operate its system in accordance with the 2001 Conservation Agreement between Cal-Am and NOAA Fisheries and the San Clemente Reservoir Drawdown Project and to respond to emergency situations that require immediate water use reductions. The changes include: add and clarify definitions of terms that relate to water conservation (Rule 11), delete obsolete text, provide a revised Table 1 – Regulatory Water Production Targets (Rule 162), provide modifications to Stage 3 Water Conservation implementation including emergency use rates (Rule 163), reflect current storage triggers (Rules 164 – 167), modify water waste fees (Rule 171) and water rationing enforcement (Rule 175), and modify terms related to the CAWD/PBCSD Wastewater Reclamation Project (Rule 165) as outlined in the agreements related to Ordinance No. 109.
On February 24, 2005, the Board considered and approved the first reading of Ordinance No. 119. At that meeting, District counsel provided text related to the reclamation project. The Board accepted the text and directed staff to add it to Rule 165, Stage 5 Water Rationing which has been done. The Board also adopted a Negative Declaration in compliance with the California Environmental Quality Act (CEQA). Upon adoption of Ordinance No. 119, a Notice of Determination and a Certificate of Fee Exemption—De Minimus Impact Finding will be filed with the County Clerk.
RECOMMENDATION: District staff recommends that the Board approve the second reading and adoption of Ordinance No. 119.
BACKGROUND: Delays
in implementing Stage 3 during June 2004 caused concern that Cal Am would
exceed the SWRCB-set limit of 10,285 AFA.
In response to this concern, in July 2004, Cal Am received PUC approval
to implement emergency high rates in the upper rate blocks. At that time, the PUC indicated that it would
consider a moratorium as a method to reduce Cal Am consumption. The District formally opposed a moratorium
and took a proactive approach to modifying its EWC/SRP to allow faster
implementation of Stage 3.
Former Board Chair Edwards asked the Water Demand Committee to review potential revisions to the Expanded Conservation and Standby Rationing Plan to increase its effectiveness. The Water Demand Committee initially discussed the need for potential changes to the Expanded Water Conservation Program and Standby Rationing Plan (EWC/SRP) August 2004. The committee requested that staff meet with Cal-Am to discuss specific modifications, and the committee endorsed staff’s conceptual report of those proposed changes at its January 11, 2005 meeting. The conceptual changes were reviewed and supported by the Board at its January 27, 2005 meeting and the first reading of
EXHIBITS
12-A Draft Ordinance 119
U:\staff\word\boardpacket\2005\2005boardpackets\20050321\PubHrgs\12\item12.doc