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Ordinance No. 441ORDINANCE NUHBER 44~ AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ORDINANCE NOS. 360 AND 439 REGARDING WATER METERING DEVICES. The Board of Directors of South Tahoe Public Utility District makes the following findings: 1. Notice of Hearing of this proposed Ordinance was duly given, authorized, posted, and published as required by law and specifically, that said Notice fixing the time and place of hearing on said Ordinance was duly given, posted, and published as required by Government Code of California. 2. Pursuant to said Notice of Hearing, a hearing by the Board of Directors of South Tahoe Public Utility District on this proposed Ordinance was held at a regular Board meeting of said Board of Directors, on February 20 , 19 92 , 4:00 j2_.m., at the place specified in said Notice of Hearing. 3. Effective January 1, 1992, the California Water Code requires installation of water metering devices on new potable water service connections within the state. Exceptions to this new state mandate do not apply to the South Tahoe Public Utility District. The standards for such devices are set by the American Waterworks Association and approved by the California Director of Food and Agriculture. 4. Prior to enactment of the statewide mandatory water metering laws, the South Tahoe Public Utility District had discretion in determining if such a device would be required on a new water service connection. In addition, the South Tahoe Public Utility District Engineering staff previously set the design requirements for meters. 5. In accordance with the newly enacted California Water Code Sections 100, 500 through 530, water metering devices are mandatory on all new water service connections within the District. These devices must meet the standards set by those statutes. NOW, THEREFORE, BE IT ENACTED BY THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AS FOLLOWS: Section 1 - Ordinance No. 360, as modified by Ordinances 413 and 439, is hereby further amended to eliminate any reference to the District having any discretion in requiring water metering devices, such devices now being mandatory for all new potable water connections. Section 2 - Ordinance No. 439, Section 1, Schedule l(c) is hereby amended to read as follows: "The applicant shall be responsible for the cost and installation of said meters. Said meters will be of a design approved by the District's Engineering staff in accordance with the standards set by the American Waterworks Association as approved by the Director of Food and Agriculture." Section 3 - This Ordinance affects only portions of Sections 3.1, 4.1 and Schedule No. 1 in Article XII of Ordinance No. 360, and Schedule l(c) in Section 1 of Ordinance 439. In all other respects, including all subsequent amendments to said Ordinances adopted prior to the date hereof, Ordinance Nos. 360 and 439 are ratified and confirmed and remain in full force and effect. Section 4 - If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid. 3 PASSED AND ADOPTED by the Board of Directors of South Tahoe Public Utility District at its regular meeting on the 20th day of February , 1992, by the following vote: AYES: Directors Pierini, Onysko, Mason, Mosbacher, Wallace NOES: None ABSENT: None LOU PIERINI, C~AIRMAN OF THE BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: PAT A. MAMATH,~Clerk of Board and Ex-Officio Secretary SOUTH TAHOE PUBLIC UTILITY DISTRICT NOT~CE OF EXEmPTiON The Board of Directors of the South Tahoe Public Utility District hereby determines that the proposed changes mandating water metering devices on all new water service connections contemplated by proposed Ordinance No. 441 are exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to the provisions of §21080(b) (8) California Public Resources Code and Condit v. Solvang Muni. Improvement Dist., 146 Cal.App.3d 997 (9183) and the California Code of Regulations §§15061(a), (b) (1), 15378. Generally, Ordinance No. 441 will comply with the California Water Code Sections 100, 500 through 530, by requiring water metering devices on all new water service connections and by requiring such devices meet the standards set thereby. Ordinance No. 441 is exempt from the provisions of CEQA based upon the following express findings: 1. The proposed changes mandating water metering devices and regulating standards do not have a potential for resulting in a physical change in the environment, directly or ultimately. 2. The findings of Ordinance No. 441 are incorporated herein by this reference. 3. No projects related to the water enterprise of the District are hereby approved. PASSED AND ADOPTED by the Board of Directors of South Tahoe Public Utility District at its regular meeting on the 20th day of February , 1992, by the following vote: AYES: NOES: None ABSENT: None ABSTAIN: None Directors Pierini, Onysko, Mason, Mosbacher, Wallace LOU PIERINI, CHAI~ OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: PAT A~-MA~TH, C~erk of Board and Ex-Officio Secretary SOUTH TAHOE PUBLIC UTILITY DISTRICT AFFIDAVIT OF POSTING State of California ) )ss County of E1 Dorado ) and says: Patrick Dolan , being first duly sworn, deposes That for and on behalf of the Clerk of Board of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of Ordinance No. 440 and 441 & Notice of Exempt. in form attached hereto and by reference made a part hereof, in four (4) public places in the District as follows: - (1) City of South Lake Tahoe Administration Building South Lake Tahoe, CA (2) Ai~ Tahoe 'Post Office Station South Lake Tahoe, CA (3) Tahoe Valley Post Office Station ("Y" area) South Lake Tahoe, CA (4) Tahoe Paradise Post Office Station, So. Lake Tahoe, CA That said posting was completed on the ~q-~. day of Subscribed and sworn to me th~s ~%&~ day of ~ ~,~/%~w , 19~]/ . .... CZ No~ta~ry~ub~~:or the State of California, County of E1 Dorado. My commission expires: · £ Chairman NAT SINCLAIR SOUTH TAHOE PUBLIC UTILITY DISTRICT 1 Sewer .1950 .Water A PUBLIC AGENCY D/rectors ROBERT MASON MARY LOU MOSBACHER STEVEN J. ONYSKO LOU PIERINI P.O. Box 19487 · South Lake Tahoe, California 95706-3487 · Phone (916) 544-6474 1275 Meadow Crest Drive FAX (916) 541-0614 February 21, 1992 VIA FAX Tahoe Daily Tribune P.O. Box 1358 So. Lake Tahoe, CA 95705 Attention: Legal Notice Department Enclosed is Ordinance No. 440 and 441 & Notice of Exemption Please publish this Ordinance/these Ordinances in the Legal Notice Section of your newspaper on the following date: February 25, 1992 Also, please send me two copies of AFFIDAVIT OF PUBLICATION for each Ordinance listed above. Thank you. pat A. Mamath Clerk of Board Enclosure (s) AFFIDAVIT OF PUBLICATION STPUD BOX 19487 SLT, CA. 95706-3487 STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid; I am over eighteen years, and not a part to or interested in the above entitled matter, I am the principal clerk of the printer of the printer of The Tahoe Daily Tribune a newspaper of general circulation, printed and published Sunday through Friday in the City of South Lake Tahoe, County of El Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California under the date of March 6, 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 25 all in the year of: 1992 I certify (or declare) under penalty, that the foregoing is true and correct, Dated at South Lake Tahoe California, this 25 date of Feb 19 92 Ordinance ORDINANCE NUM~,Ef144~[ -- -~erviCe- co~necuon, ~J~ N-~. 3--~0"~n~ 439'a;e 'm~ified' AN ORDINANCE OF THE additiOn, the South Tehe~ , and co~firmed and rema,n in SouTH TAI-IOE .PUBLIC Pub lic Utility District i ll~!l'iorce and effect. UTILITY DISTRICT Engineering staff previously ~ ~;ection 4 - If any SeCtion. AMENDING ORDINANCE set the design requirements, subsection, ~' NOS. 360 AND 439 REGARDING WATER METERING DEVICES. The"Ei%ard of Directors of So~/J~.Tahoe Public 0tility Distrigt makes the f011owing findi~: 1. Nbtice Of Hearing of this p~opo~ed Ordinance was duly giver{, ~uthorized. posted, and published as re,luffed by law and specifically, that said Notice fixing the time and place of hearing on said Ordinance was duly given. posted, end'published as ~requi~ed by Government Code of Cah'lorn[a. 2. Pursuant to Said'Notice of He~'t, jn.g. a hearing by the Bold:of Directors cf South Tahoe Public Utility District on t h~S~posed. Ordinance was hell'at a regular Board 'm~et~,~g ct said Board of Directors, on ~ 19~.Z, .~m., at the plaCe spec;lied ~n said Notice of He~'ing. 3. E3~'~ct~ve January 1, 1992, the Califorma Water Code requl~eS installation ol water metering devices on new pot'a't~le water service coffee'lions within the state. Exceptions to this new state mandate cio not apply to the So,.u~t~ Tahoe Pubhc Utility District. The, standards tot such devices are set by the American Waterworks AsSOciation and approved by the California Director of Food ad~:l~,~riculture. 4. P~,ior to enactment of the sta'tewide mandatory water mefeting aws. the South Ta~'Pubhc Uti!ity District had'.d~screti0n in determining d ~uch a device would be' re~t~i~.t, ed on a~,new water paragraph, sentence, clause er phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision.shall not affect the validity of the remaining portions of this Ordinance or any dart tl3ereof, The Board hereby declares that ~t would have passed each section, subsection, subdivision, paragraph;sentence, clause or phrase thereof, irrespectwe' of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, ct phrases be declared inv.alid. · PASSED AND ADOPTED by the. Board of D rectors ol South T~l~oe Pubhc Utility District at its regular meeting on th~.~[t3 day of .~ 1992..'~ ~he following vote: AYES: Directors P~erm~, Onysl~o. Mason. Mosbacher, Wallace NOES: None ABSENT: None LOU PIERINI. CHAIRMAN OF THE BO.ARD sOUTH TAHOE PUBLIC UTILITY {)tSTRICT · ~ PAT A i~TH, Clerk Of Boaid ~nd Ex-Ofhcio for Fritters. 5. In accordance w~tn the newly enacted California Water Code Sections 100. 500 through 530. water metering aevlces are mandatory on ail new water service connections wit the District. These devices must meet the standards set by those statutes. NOW, THEREFORE, BE IT ENACTED BY THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AS FOLLOWS: ~ - Ordinance No, 360. as modified by Ordinances 413 and 439, is hereby further amended to eliminate any reference to the District having any discretion in requiring water metering devices, such dewces now being mandatory for ell new potable water connections. Section 2 - Ordinance No. 439, Section 1, Schedule 1 is' hereby amended to read as follows: "The applicant shall be responsible fo~ the cost and installalion of sai~ meters, Said meters will be o9 a design approved by the District's Engineering staff in accordance~ with the standards set by the Secretary American Waterworks'~: .SOUTH T'AHOE Association as approved- bY~ ~*'UTiLITY DtSTRi~T the Director of Food and ?2~3~21~lvoiCe#408 Agriculture.' ~ection ·- This Ordinance affects only portions ct Sections 3.1. 4.1 and Schedule No, % Article Xll ol Ordinance No, 360. and ~cJ~J~u{e 'igc) in SaC. liOn t of Ordinance 439, In all oilier respects, including all subSequent amendments to said Ordinances a~opted pno~ to tl~e date he,eot. Ordinance PUBLIC AFFIDAVIT OF PUBLICATION STPUD Box 19487 SLT, CA. 95706-3487 Notice of Exemption STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid; I am over eighteen years, and not a part to or interested in the above entitled matter, I am the principal clerk of the printer of the printer of The Tahoe Daily Tribune a newspaper of general circulation, printed and published Sunday through Friday in the City of South Lake Tahoe, County of El Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California under the date of March 6, 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 25 all in the year of: ].992 I certify (or declare) under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe California, this 25 date of F>eb 1992 Signed: The Board ~ South Ta .Di~ tl~at: th· ~es rnahdating water met~eHng devices on all new water service connections contemp ated by proPoSed Qrdihanc· No~: '44.1 a~ exemp{ from the provisions of tl~e Catif ornia~ n~ir~entat: ~aiity ~t rC~"} p~s~nt td the ~ovisi~ns 0f i21080 {b) ,{e') cai~i~Ornia Pubjic R~obmes C~e a~ Condit ~glvano Mu~. Improvement Dist,. 146 Ca!.ApP,3d 997 {91~) and the ~lifornia C~e of Regulations tt1~61 (b)(1), 15378: , G~erally. Ordi~nce No~ 441 w II ~mp y ~th t~ ~lifornia Wate~ CO~e~ti~s ~' 5m thrO~h ~0; ~ f~ui'ri"g water metering ~vices on all ~onn~t~0nS ~ ~ r~uiting Such devices meet O~d.~a~)cu No. 441 is from the p~ovisions et CEQA baaed, upon tl3e fol~wing eXl)~esS findings: ]. ] he p~ol)~sed chan~us physical change in unv~onme~)L direcHy Or by of District meeting on ,the 1992, by t~e ~ollo~ Vote: AYES: DireCto[~a Pierini, Onyako, Mason, .M~bacher Wallace ~ · ,, uTiLi3W DISTRICT A'I-I'EST: PAT A. MAMATH, Clerk of Board agd . Ex-Off{cio ~LIC