ITEM: VI PUBLIC HEARINGS
 
  1. CONSIDER FIRST READING OF ORDINANCE NO. 96 -- AN ORDINANCE OFTHE BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT REVISING THE DEFINITION AND REGULATION OF WATER DISTRIBUTION SYSTEMS 

  2.  
    Meeting Date: November 20, 2000 

    Staff Contact: Henrietta Stern 

    General Counsel Approval: N/A  
    Committee Recommendation: N/A 
    CEQA Compliance: Negative Declaration adopted in August 2000

    Budgeted: No 
    Program/Line Item No.: N/A 
    Cost Estimate: depends on action 
     


SUMMARY: The Board will continue its consideration of the first reading of Ordinance No. 96, which revises the definition and regulation of water distribution systems within the District. No changes have been made to the Draft-4 version of the ordinance that was presented to the Board at its October 26, 2000 meeting. However, supplemental refinements are suggested in this staff note which respond to suggestions made at the October 26, 2000 hearing. The materials from the October 26, 2000 meeting are being provided to the Board under separate cover and are available for review at the District office. The District website www.mpwmd.dst.ca.us also has information for the public hearings of October 26, 2000.

RECOMMENDATIONS: The staff recommendations from the October 26, 2000 board meeting remain, including:

The board should also consider each supplemental refinement identified in Exhibit 1, which reflect public comment at the October 26, 2000 hearing (or staff suggestions for clarity). Exhibit 1 summarizes each suggestion and staff's response. Exhibit 2 is comprised of letters received after the deadline for the October 26, 2000 staffnote. The Board should direct staff on whether or not the suggested changes in Exhibit 1 should be made. Some of the major substantive suggestions include: Staff may make minor text changes to the Draft-4 version for the second reading and adoption of the final text of the ordinance on December 11, 2000; these changes will be made only to improve clarity and would not be substantive in nature.

BACKGROUND: Various drafts of Ordinance No. 96 have been considered at four noticed public hearings since April 2000. A Negative Declaration was adopted in August 2000. Please see the October 26, 2000 board information package for more information.

DISCUSSION/ANALYSIS: None.

PRIOR BOARD ACTION: The Board has provided input on four previous occasions, but has taken no action to approve or deny Ordinance No. 96 to date.

IMPACT ON STAFF/RESOURCES: As described in the August 21 and October 26, 2000 information packages, staff believes it can manage the additional workload associated with Ordinance No. 96 so long as the single-connection system regulation is confined to the Carmel Valley alluvial aquifer and Seaside coastal areas. If the Carmel Valley upland areas are included (Variation D), another 10 to 50 applications per year would be generated. Additional staff or contract workers would be needed to process the total number of applications if Variation D is selected, and possibly if the compromise suggested by the Carmel Valley Property owners Association (1,000 feet from aquifer boundary or tributary) is selected.


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