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ITEM: |
PUBLIC HEARING |
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13. |
CONSIDER
SECOND READING AND ADOPTION OF ORDINANCE NO. 161 -- AN ORDINANCE OF THE BOARD
OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING
RULE 23-A-1-i REGARDING SUB-METERING |
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Meeting
Date: |
July 21, 2014 |
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: Completed |
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Committee Recommendation: The Water Demand Committee recommends approval of the ordinance. |
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CEQA Compliance: Negative
Declaration. |
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SUMMARY: Draft Ordinance No. 161 (Exhibit 13-A) authorizes the use of sub-meters to record water consumption between an existing Connection and the water User in certain cases where installation of individual water meters by the water utility is not possible (e.g. during a moratorium or when there are Special Circumstances[1]). Under the proposed Ordinance, Rule 23 will be amended to allow sub-metering (i.e., in-line meters between the main water meter and the end users) when there is no Intensification of Use (i.e., the Site is utilizing On-Site Water Credit, Water Use Credits, or a Public Water Credit Allocation), or where the Board determines there are Special Circumstances that merit a variance to the requirement that a water meter maintained by the Water Distribution System Operator be installed for each User.
The ordinance creates a framework where projects that do not increase water use may move forward during a moratorium and community interests can be served. To do so may require the setting of sub-meters for certain Sites to achieve the District’s requirement to meter all individual Users.
Ordinance No. 161 requires that conditions for sub-metering are recorded on the title of the property and that the conditions are applicable to all future owners of the property. The conditions require installation of a water meter managed by the water purveyor at the time a moratorium is removed unless a variance to this requirement has been approved by the Board. Once the final requirement is attained, the deed restriction will be removed.
CEQA
Based on the Initial Study and the use of Water Credits as the means to allow modifications in use on a Site, Ordinance No. 161 has less than significant environmental impacts. An Initial Study on this ordinance was completed and circulated for comment to the Jurisdictions, the State Water Resources Control Board, to California American Water Company, and to other interested parties on June 18, 2014. The comment period ends July 19, 2014. Any comments received will be summarized during the second reading. Assuming there are no significant comments, the Board should adopt the following Negative Declaration on July 21, 2014:
Based on the finding that adoption of Ordinance No. 161, the 2014 Sub-Metering Policy Ordinance of the Monterey Peninsula Water Management District, has no significant effect on the environment, the Monterey Peninsula Water Management District makes this Negative Declaration regarding MPWMD Ordinance No. 161 under the California Environmental Quality Act.
RECOMMENDATION: The Board should receive public comment, adopt the Negative Declaration and then adopt Ordinance No. 161.
EXHIBIT
13-A Draft Ordinance No. 161
U:\staff\Boardpacket\2014\20140721\PubHrngs\13\item13.docx
[1] Special Circumstances are defined by MPWMD Rule 11 as “unusual, uncommon, peculiar, unique or rare situations that require Board consideration.”