ITEM:

CONSENT CALENDAR

 

5.

APPROVE AMENDMENTS TO DEED RETRICTION GUIDELINES

 

Meeting Date:

December 9, 2013

Budgeted: 

N/A

 

From:

David J. Stoldt,

Program/

N/A

 

General Manager

Line Item No.:

 

 

Prepared By:

Stephanie Pintar

Cost Estimate:

N/A

 

General Counsel Review:  N/A

Committee Recommendation:  The Water Demand Committee and the Rules and Regulations Committee have reviewed these guidelines and referred them to the Board for approval.

CEQA Compliance:  N/A

 

SUMMARY:  Revised Deed Restriction Guidelines (Exhibit 5-A) have been reviewed by the Water Demand Committee and by the Rules and Regulations Committee. The revised guidelines respond to the Board’s April 15, 2013 strategic goal to streamline the Water Permit process. The primary change is the elimination of the requirement for legal review of deed restrictions involving individual ownership (as opposed to complex ownerships such as corporations, trusts and partnerships). Other amendments reflect current practices and refinements to language.

 

RECOMMENDATION:  By adopting this item with the Consent Calendar, the Board is approving the revised Deed Restriction Guidelines.  

 

BACKGROUND: Deed restrictions are authorized for enforcement of District Rules and Regulations by Rule 116. The documents are used to enforce Water Permit and Water Distribution System Permit conditions, restrictions or violations, and to notify current and future property owners thereof. They are also used to enforce the District’s Conservation and Rationing Regulations, Well Monitoring Program, River Work, and River Access Permits. Deed restrictions are routinely prepared and recorded by the Water Demand Division, the Planning & Engineering Division, and by the Water Resources Division. 

 

The current deed restriction process has been very successful.  Few people have expressed concern about the specific language of the deed restrictions being recorded on the title of the property when a Water Permit is issued.  Deed restrictions noticing violations and restrictions are efficient and effective. 

 

A thorough history of the deed restriction process was provided to the Water Demand Committee on April 18, 2013 and to the Rules and Regulations Committee on October 28, 2013 and can be found in the meeting packets for those dates on the District’s website.

 

IMPACT ON STAFF/RESOURCES:  The proposed changes will reduce the amount of time needed to process Water Permits for properties under individual ownership.

 

EXHIBIT

5-A      Proposed Revisions to Deed Restriction Implementation Guidelines

 

 

 

 

 

 

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