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Resolution 2848-08 l, 1 2 3 4 5 6 7 WHEREAS, the State of California has declared that the availability of housing is RESOLUTION NO. 2848-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING A POLICY AND PROCEDURE FOR GRANTING PRIORITY WATER AND SEWER SERVICES TO PROPOSED DEVELOPMENTS THAT INCLUDE LOW INCOME HOUSING UNITS 8 of vital statewide importance, and the early attainment of decent housing and a suitable 9 living environment for every Californian is a priority of the highest order; and 10 WHEREAS, the State of California has declared that local and state 11 governments have a responsibility to use the powers vested in them to facilitate the 12 improvement and development of housing to make adequate provision for the housing 13 needs of all economic segments of the community; and 14 WHEREAS, the County of EI Dorado and the City of South Lake Tahoe have ~ 15 implemented programs to facilitate housing needs for all economic segments of the 16 community; and 17 WHEREAS, pursuant to Section 65589.7 of the California Government Code, 18 each public agency or private entity providing water or sewer services shall grant a 19 priority for the provision of these services to proposed developments that include 20 housing units affordable to lower income households. 21 NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the South 22 Tahoe Public Utility District; 23 SECTION 1. Recitals Incorporated. The above recitals are incorporated herein 24 and are each relied upon independently by the South Tahoe Public Utility District Board 25 of Directors for its adoption of this Resolution. 26 SECTION 2. Resolution. To comply with Government Code Section 65589.7, 27 the South Tahoe Public Utility District Board of Directors hereby adopts a policy and 28 procedure for prioritizing water and sewer services to low income housing t., 29 developments, a copy of which is attached hereto as Exhibit "A" and incorporated by 30 this reference. l, ~ t., 1 2 3 4 SECTION 3. Effective Date and Term. This Resolution shall take effect Resolution No. 2848-08 July 3, 2008 Page 2 5 immediately following its adoption, and shall be in effect thereafter, unless repealed, 6 amended or extended. 7 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase 8 or word of this Resolution is for any reason held to be invalid by a court of competent 9 jurisdiction, such decisions shall not affect the validity of the remaining portions of this 10 Resolution. The South Tahoe Public Utility District Board of Directors hereby declares 11 that it would have passed and adopted this Resolution, and each and all provisions 12 hereof, irrespective of the fact that one or more provisions may be declared invalid. WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution was duly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regularly scheduled meeting held on the 3rd day of July, 2008, by the following vote: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 AYES: Directors Mosbacher, Rise, Claudio, Jones, Schafer NOES: None ABSENT: None M Lou Mosbacher, Board President South Tahoe Public Utility District 28 29 30 '-' 4., t., EXHIBIT A: SOUTH TAHOE PUBLIC UITLITY DISTRICT Polices and Procedures Pursuant to Government Code Section 65589.7 (Senate Bill 1087, Chao 747, Stats. 2005) I. PURPOSE The purpose of this policy is to set forth the South Taboe Public Utility District's written policies and procedures on the prioritization of providing water and/or sewer services to Proposed Developments that Include Housing Units Affordable to Lower Income Households. The policies and procedures set forth herein take into account all of the following: A. Regulations and restrictions adopted pursuant to Water Code Section 350 et seq., relating to water shortage emergencies. B. The availability of water supplies as determined by the South Tahoe Public Utility District pursuant to its urban water management plan adopted pursuant to Water Code Section 10610 et seq. C. The housing element of the general plm adopted by each county or city within the South Tahoe Public Utility District's boundaries. D. Other plans, documents, and information that provide a reasonable basis for making service determinations. II. BACKGROUND Government Code Section 65589.7 requires public agencies that provide Water or Sewer Services to adopt written policies and procedures with specific objective standards that provide for priority service to Proposed Developments that Include Housing Units Affordable to Lower Income Households no later than July 1, 2006, and to update those policies at least once every five years. Section 65589.7 bans the denial or the conditioning of approval of an application for such services, or reducina the amount of services applied for, because a proposed development includes affordable housing units, except in limited circumstances. III. AUTHORITY The policies and procedures set forth herein are adopted in accotdance with the legal requirements of Oovernment Code Section 65589.7. IV. DEFINITIONS A. "Proposed Developments that Include Housing Units Affordable to Lower Income Households~ shall have the meaning given such tenn in Government Code Section 65589.7(d)(1). '-' ~ \.,. B. "Sufficient Water Supply" shall have the meaning given such term in paragraph (2) of subdivision (a) of Section 66473.7. C. "Water or Sewer Services" shall have the meanmg given such term in Government Code Section 65589.7(d)(2). D. "Water Shortage Emergency" shall have the meaning given such term in Section 350 of the Water Code. v. POLICY A. Provision of Water Service 1. In times where the South Taboe Public Utility District has available water supply and capacity in its water distribution system. the provision of public water service to eligible residential housing developments will be made on an income neutral basis. 2. In the event of service limitations due to water supply, capacity or regulatory constraints, water service priority shall be given to Proposed Developments that Include Housing Units Affordable to Lower Income Households. B. Provisioa of Sewer Serviee 1. In times where the South Tahoe Public Utility District has available capacity in its sewer collection, treatment, and disposal facilities, the provision of public sewer service to eligible residential housing developments will be made on an income neutral basis. 2. In the event of service limitations due to capacity or regulatory constraints, sewer service priority shall be given to Proposed Developments that Include Housing Units Affordable to Lower Income Households. C. Servke Approval and AppUeatioa Review 1. 100 South Tahoe Public Utility District shall not deny or condition the approval of an application for water and/or sewer service, or Rduce the ID10Wlt of services applied for by, Proposed Developments that Include Housing Units Aft'ordable to Lower Income Households, unless the South Tahoe Public Utility District makes specific written finding.c& that the denial, condition, or reduction is necessary due to the existence of one or more of the following: a. The water service provider does DOt have Sufficient Water Supply, or is operating under a Water Shortage Emeraency, or does not have sufficient water treatment or distribution capacity to serve the needs of the proposed development as demonstrated by a written engineering analysis and report. b. The water service provider is subject to a compliance order issued by the State Depaltwent of Health Services that prohibits new water connections. , ~ -. \,. c. The sewer service provider does DOt have sufficient treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development. d. The sewer service provider is under an order issued by a regional water quality control board that prohibits new sewer connections. e. The applicant bas failed to agree to reasonable terms and conditions relatiJla to the provision of service aeneraJly applicable to development projects seeking service from the public agency or private entity. 2. The South Tahoe Public Utility District shall not discriminate in any manner when processing and considerina applications for water and/or sewer services for Proposed Developments that Include Housing Units Affordable to Lower Income Households. 3. In the event the South Tahoe Public Utility District makes specific written findinas to justify the denial, amditioning, or reduction of services, in accon:IaI1ce with Section V.C.t above, the South Tahoe Public Utility District shall also, if possible, establish written conditions whereby the applicant can address and remedy the South Tahoe Public Utility District's fiQdifll'l, to the satisfilclion of the South Tahoe Public Utility District. VI. REVIEW AND APOmONlREADOmON On or befoIe July 1, 2011, and at least once every five years thereafter, the South Tahoe Public Utility District shall review and adopt, or readopt, policies and procedmes with specific objective standards ~ the prioritization of water and/or sewer services to Proposed Developments that Include Housing Units Affordable to Lower Income Households.