WATER DEMAND COMMITTEE
ITEM:		ACTION ITEM
2.	CONSIDER DEVELOPMENT OF RECOMMENDATION TO THE BOARD RE FIRST READING OF ORDINANCE NO. 157, AN ORDINANCE AMENDING RULE 11 (DEFINITIONS) AND REVISING RULE 23-A-1-I REGARDING WATER MEASURING DEVICE REQUIREMENTS
Meeting Date:			November 6, 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: Preliminary review completed
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: Draft Ordinance No. 157 (Exhibit 2-A) clarifies Rule 23-A-1-i, Action on Application for a Water Permit to Connect to or Modify an Existing Water Distribution System, and adds a definition for the term “Capacity Fee.”

During consideration of the first reading of Ordinance No. 156 in October 2013, the Board discussed clarification of Rule 23-A-1-i, the paragraph in Rule 23 that references the District’s metering requirements. For reference, Rule 23 is attached as Exhibit 2-B. Draft Ordinance No. 157 replaces the existing text with clearer policy and implements a specific variance process for unique metering situations. Based on experience, this revision addresses possible metering variations that occur and clarifies the procedure for individual metering.

Draft Ordinance No. 159 amends the definition of the term “Connection Charge” to provide a historical context. In addition, an identical definition is added for the term “Capacity Fee.” The ordinance then globally replaces the former with the latter to avoid confusion with the connection charge proposed by California American Water in its 2013 General Rate Case (A.13-07-002).

The proposed ordinance is not a project under CEQA and is therefore not subject to CEQA evaluation. CEQA Guideline §15378 (a) defines a “project” as an action that has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed amendments to Rules 11 and 23 do not contemplate approval of any project, and therefore does not meet the “project” definition according to CEQA Guideline §15378 (b) (5) which states: “Organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment.”

RECOMMENDATION: The Water Demand Committee should review the ordinance and consider a recommendation to the Board.

EXHIBITS

2-A Draft Ordinance No. 157

2-B Rule 23

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