EXHIBIT 2-C

 

 

 

 

 

February 24, 2005

 

 

The Honorable Stephen A. Sillman

2005 Presiding Judge of the Superior Court

County of Monterey

240 Church Street

Salinas, California  93901

 

Dear Judge Sillman:

 

We respectfully present this response to the 2005 Grand Jury Report as it relates to Ordinance No. 98 – Bathroom Fixture Ordinance.  The Monterey Peninsula Water Management District (District or MPWMD) respectfully disagrees in with Finding 1 and offers the following comments and responses to Finding 1 and Recommendations 1 and 2. 

 

Grand Jury Finding 1:  Current MPWMD permit requirements restrict individual property owners in the use of their property, particularly for remodels and additions.  When property owners wish to add water fixtures such as toilets and showers to their homes, they are restricted by Ordinance #98.  Prior to the Ordinance, property owners were not permitted to add water fixtures without meeting onerous and complex requirements including deed restrictions.

 

MPWMD permit requirements do not restrict individual property owners’ use of their property.  Each jurisdiction manages a portion of the available water supply.  This “allocation” of the available supply is available at the discretion of the jurisdiction.  The jurisdiction, as the “gatekeeper” of the allocation determines which projects receive water.  The MPWMD deducts water from the jurisdiction’s allocation at the time a water permit is issued.

 

Finding 1 states that prior to the adoption of Ordinance No. 98, property owners could not add water fixtures without meeting complex requirements.  This statement is inaccurate.  Ordinance No. 98 (amended by Ordinance No. 114, adopted May 14, 2004) provides a mechanism to allow the addition of water fixtures for a second bathroom in a single-family residence on a single-family residential site without debiting a jurisdiction’s water allocation.  The ordinance has no impact on applications for water fixtures when the jurisdiction has authorized water from its allocation.  Prior to adoption of Ordinance No. 98, all water permit applications required either water from a jurisdiction’s allocation or available on-site water credits to offset the new use.  Prior to Ordinance No. 98, deed restrictions were not routinely used.  Deed restrictions are widely used today to provide notice of water permit requirements and to provide notice of the District’s ability to access water records for the property.

 

Grand Jury Recommendation 1:  Property owners should have the choice of reducing landscaping to accommodate additional water fixtures as long as they stay within their historical water usage.  The only restrictions that should apply are building codes, zoning ordinances and other planning requirements related to rentals, not water fixture controls.

 

Grand Jury Recommendation 2:  The MPWMD should establish a water allocation system for properties that are remodeled or added to based on historical water usage.  This information is available from public records.

 

Recommendation 1 and 2 are impractical.  To implement this recommendation, the citizens of the District would be subject to permanent water rationing.  This would be problematic for a number of reasons, the least of which is the fact that historic water use is not a public record.  It would be an enormous undertaking to monitor and enforce permanent rationing, and there would be numerous instances of properties having no relevant historic water use. 

 

Grand Jury Recommendation 3:  Penalties should be established to enforce a water allocation system to assure adherence to historical water usage for these properties.

 

Recommendation 3 would create an unfair system where fees could potentially impact only those people who added water fixtures or moved into a home that had at one time added water fixtures.  The economic impact of these penalties would be greater in the median income levels and would have less impact in the higher income residents.  Therefore, fees alone may not result in the maintenance of historic water use levels.

 

The District appreciates that the Grand Jury recognized the positive changes made by the District to assist with adding a second bathroom to a one-bathroom home.  However, the findings and recommendations related to Ordinance No. 98 appear to be policy matters that the Grand Jury may not have the authority to address.

 

Thank you for the opportunity to respond.

 

Sincerely,

 

 

 

Michelle Knight

Chair, MPWMD Board of Directors

 

cc:  County Administrative Officer

 

 

 

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