To: Honorable Mayor and Members of City Council
From: Phil Brun, Utilities Director
Prepared By: Carlyce Banayat, Imaging Clerk
TITLE:
Title
Regulations for Interruptible Surplus Agricultural Water Service, Water for Temporary Purposes, Water Conservation, and Water Shortage
LABEL
RECOMMENDED ACTION:
Recommendation
Approve the second reading and final passage, and adopt an ordinance amending Napa Municipal Code Section 13.04.050 (from “Metered Rates for Interruptible Surplus Agricultural Water Service” to “Interruptible Surplus Agricultural Water Service”), Section 13.04.350 (from “Water for Construction Purposes” to “Water for Temporary Purposes”), Chapter 13.09 (from “Permanent Water Conservation Regulations” to “Water Conservation Regulations”), and Chapter 13.10 (from “Moderate Water Shortage Regulations” to “Water Shortage Regulations”); repealing Napa Municipal Code Chapter 13.12 (“Severe Water Shortage Regulations”); and determining that the actions authorized by this ordinance are exempt from CEQA.
Body
DISCUSSION:
This is the Second Reading and Final Adoption of an ordinance amending Napa Municipal Code Section 13.04.050 (from “Metered Rates for Interruptible Surplus Agricultural Water Service” to “Interruptible Surplus Agricultural Water Service”), Section 13.04.350 (from “Water for Construction Purposes” to “Water for Temporary Purposes”), Chapter 13.09 (from “Permanent Water Conservation Regulations” to “Water Conservation Regulations”), and Chapter 13.10 (from “Moderate Water Shortage Regulations” to “Water Shortage Regulations”); repealing Napa Municipal Code Chapter 13.12 (“Severe Water Shortage Regulations”); and determining that the actions authorized by this ordinance are exempt from CEQA.
The introduction and First Reading of the ordinance was held at the Regular City Council meeting on May 16, 2023. If approved the Ordinance will become effective thirty days following adoption.
FINANCIAL IMPACTS:
The changes to Interruptible Ag rates will increase revenue 20% on a per unit basis. Actual increase in revenue from past years is dependent on total units used by Interruptible Ag customers.
All other proposed changes are regulatory in nature and not expected to have an effect on revenues or expenditures.
CEQA:
At their regular meeting on May 16, 2023, City Council determined that the Recommended Action is exempt from CEQA pursuant to: (a) CEQA Guidelines Section 15168 and Section 15183, since sufficiency of water supplies was adequately analyzed in the program level EIR for the 2040 General Plan certified by the City Council on September 20, 2022 by City Council Resolution R2022-085; (b) CEQA Guidelines Section 15307 and Section 15308, since this ordinance establishes regulations that will assure the maintenance, restoration, enhancement, or protection of the environment; and (c) Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c) and/or 15378, since the revision of the City’s interruptible surplus agricultural water service and water for temporary purposes ordinance is not subject to environmental review under CEQA, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance
EX A - Amending Section 13.04.050
EX B - Amending Section 13.04.350
EX C - Amending Chapter 13.09
EX D - Amending Chapter 13.10
NOTIFICATION:
Legal notice of public hearing for the ordinance was published in the Napa Valley Register on May 5, 2023.