Meeting Date:           January 29, 2004                    Budgeted:  N/A

                                                                                    Program/Line Item No.:  N/A

Staff Contact:              Stephanie Pintar


General Counsel Approval:  N/A

Committee Recommendation: The Water Demand Committee recommends two modifications to the draft ordinance.  Committee action is shown in the recommendation section.

CEQA Compliance:  Negative Declaration.  Ordinance No. 111 has no significant effect on the environment.


SUMMARY:  Draft Ordinance No. 111 (Exhibit 14-A) clarifies existing permit procedures and amends District Rule 11 (Definitions).  The ordinance responds to the Board’s Strategic Initiative to Revise the Water Permit Processes that was adopted by the Board in February 2002.  Revising the permit processes, including clarification of the Rules and Regulations administered by the Water Demand Division, has been a high priority of the Board.  This ordinance supports both the comprehensive revision to the Water Demand Division database that is currently underway, and it supports the compilation of a policies and procedures manual for the water permits and conservation office.  Definitions for various water fixtures are a critical component to the preparation of the policies and procedures manual and are dealt with on a day-to-day basis by Division staff.


Rule 24 Title Change

Draft Ordinance No. 111 changes the title of Rule 24 from “Connection Charges” to “Water Permit Process.” The change to the title of Rule 24 more accurately reflects current policies and procedures. The prior title caused confusion with staff and the public as to the scope and purpose of Rule 24. 


Residential Fixture Clarifications

Table 1: Residential Fixture Unit Count has been amended to accurately reflect the fixture unit values of each water fixture.  The existing Table 1 has several inaccuracies that are corrected in the proposed ordinance, including that the existing Table 1 is shown as a form, rather than as a table in the current District Rules and Regulations.  The proposed Table 1 includes fixture unit values for ultra-low consumption appliances (dishwashers and washing machines) and fixtures (ultra-low flow toilets and waterless urinals), and includes several newly identified water fixtures for which fixture unit values have been characterized as “other” by the General Manager and assigned a fixture unit value based on its estimated water use.  New fixtures shown on Table 1 include waterless urinals, rain bars, body spray nozzles and shower systems.  Definitions for these water fixtures have also been added to Rule 11, Definitions, to better enable staff to perform their duties and for the public to understand the permitting requirements.  New factors are also included for outdoor water uses on lots exceeding 10,000 square-feet.

Resolution 2001-09

Finally, the proposed ordinance integrates the provisions of Resolution 2001-09 (attached as Exhibit 14-B) into the permanent rules of the District to provide consistency in the application of District policy.  Resolution 2001-09 has a direct link to the District Rules and the permit process as the provisions of the Resolution brought about changes to Table 1: Residential Fixture Unit Count.  The Resolution was not adopted by ordinance, and its provisions have been read separately but complementary to the larger and more comprehensive District Rules and Regulations.  Resolution 2001-09 was adopted to reduce the number of unauthorized outdoor water fixtures and utility sinks that were being documented as existing fixtures to obtain Water Use Credits. 


California Environmental Quality Act (CEQA) Review

As part of this action, the Board will consider adoption of a Negative Declaration for MPWMD Ordinance No. 111.  The Negative Declaration states that adoption of Ordinance No. 111 has no significant effect on the environment, in compliance with the California Environmental Quality Act (CEQA).  The “Notice of Intent to Adopt a Negative Declaration for MPWMD Ordinance No. 111,” along with an Initial Study and Ordinance No. 111, was circulated to roughly 40 local agencies and libraries and other entities on December 23, 2003, and posted at the District office as well as the County Clerk’s office as of December 26, 2003 (Exhibit 14-C).  The review period for written comments was defined as December 29, 2003 through January 20, 2004.  The MPWMD Board public hearing on January 29, 2004 to receive oral comments was also identified.  It is notable that Negative Declarations for projects of local importance require only a 20-day comment period (CEQA 21092.3).  The January 29, 2004 agenda containing the public hearing on consideration of a Negative Declaration for Ordinance No. 111 was posted to the District website and mailed to agenda recipients on January 16, 2004.  


The comment and review period ended on January 20, 2004, and no comments were received. 


RECOMMENDATION:  The Board should adopt the proposed Negative Declaration provided on the third page of Exhibit 14-C.  The full text of the Negative Declaration states:


Based on the finding that adoption of Ordinance No. 111, Amend District Rule 24 and Rule 11, has no significant effect on the environment, the Monterey Peninsula Water Management District makes this Negative Declaration regarding MPWMD Ordinance No. 111 under the California Environmental Quality Act. 


Staff recommends the Board approve the second reading and adopt Ordinance No. 111 with two minor edits recommended by the Water Demand Committee at its January 20, 2004 meeting and one minor edit recommended by staff:


1.      The Water Demand Committee unanimously recommends the half-gallon-per-flush toilet be reinstated in Table 1, Residential Fixture Unit Count.  Staff will work with the Monterey County Association of Realtors to educate new homeowners about the special maintenance requirements of half-gallon toilets.  The District will also post this information on its website and will not take a position supporting the installation of these fixtures.  Despite the concerns associated with the use of these toilets, it is the Water Demand Committee’s recommendation that a property owner be given the option of installing half-gallon toilets for credit.


2.      In response to the issues raised related to approval of the Hanlon Appeal by the Board at the November 24, 2003 meeting and adoption of Findings of Approval on December 15, 2003, the Water Demand Committee and staff recommends the following addition (in bold) to Section Four, C.1.d:


The District shall grant a Water Use Credit for the permanent removal of water using fixtures providing that the fixture was properly and lawfully installed.  Credit for fixtures listed in Section C.1.d shall only receive credit upon evidence of a water permit showing a debit to a jurisdiction’s allocation and payment of related District connection charges.  However, the District shall not provide a water use credit of greater than four (4) fixture units for the complete removal of any shower or bathtub.


3.      Staff recommends the following addition to Section Four, C.1.b to be consistent with Resolution 2001-09:

Portable water fixtures, fountains, ponds, hot tub/spas, drinking fountains, pot fillers, darkroom sinks, outdoor showers, outdoor sinks, pet/livestock wash racks and water troughs, and multiple utility sinks (more than one per site) shall be exempt from the connection charge and shall have no fixture unit value. 


STAFF IMPACTS:  Adoption of Ordinance No. 111 will have a positive impact on staff’s ability to administer and enforce the District’s permitting regulations by making the Rules and Regulations clearer and more consistent.