Meeting Date:

April 16, 2007





David A. Berger,




General Manager

Line Item No.: 


Prepared By:

Stephanie Pintar

Cost Estimate:



General Counsel Approval:  Reviewed by Counsel

Committee Recommendation:  The Administrative Committee reviewed this item on April 9, 2007 and recommended approval by a vote of 2-0.

CEQA Compliance:  This is not a project under CEQA Guidelines Section 15378 (b)(4)


SUMMARY:  Resolution 2007-02 (Exhibit 2-A) updates Rule 60, Fees and Charges Table to reflect action taken by the Board in adopting Ordinance No. 125 in September 2006.  Updating the Fees and Charges Table of Rule 60 was necessary due to definitional changes in the ordinance.  Ordinance No. 125 clarified rules related to Water Permits and credits. 


The Fees and Charges Table has been revised to combine the duplicate fees and to streamline the reading of the table, making it more user-friendly.  Line numbering has also been added for convenience.  All fees are intended to reimburse the District for the time and materials needed to complete each specific activity.  In addition to some modifications resulting from the adoption of Ordinance No. 125, staff identified several duplicative or excessive fees.  Amendments to the table are shown in strikeout (deletions) and bold italics (additions) in Exhibit 2-B.  The following summarizes the edits (shown in Exhibit 1-B) that went beyond combining duplicated fees:


1.      Temporary Water Permits processing fees (Line #26) were amended to reflect actual hourly effort/cost;

2.      Lines #48 and #56, which added a punitive fee beyond the actual cost for enforcement for water fixtures added without amending or obtaining a Water Permit, were deleted;

3.      Line #41 was deleted pursuant to Ordinance No. 125;

4.      Line #47 was amended to reflect actual time/cost;

5.      Line #60 was deleted:  Fee for Expansion Surcharge was deleted by Ordinance No. 55 (May 20, 1991);

6.      Fees for Rules and Regulations were increased to reflect current copying fee.


District counsel reviewed and approved the recommended amendments.  Ordinance No. 125 modified some terms that were found in the Fees and Charges Table for processing Water Permits and renumbered some rules.  For instance, non-residential permits were formerly classified as “commercial” permits.  Staff has made grammatical edits to the Fees and Charges Table, eliminated redundancy and has checked the rule references to ensure that each task reflects the rule(s) which governs the action.  A marked up version of the current table is found as Exhibit 2-B.


RECOMMENDATION:  District staff recommends that the Board adopt Resolution 2007-06, A Resolution of the Board of Directors of the Monterey Peninsula Water Management District Amending Rule 60, Fees and Charges Table.  The Administrative Committee considered this matter on April 9, 2007 and recommended approval.  The Administrative Committee also recommended that the fees and charges associated with appeals and variances be reconsidered as a future Board action. This item will be approved if adopted along with the Consent Calendar.


BACKGROUND:  Ordinance No. 120, adopted March 21, 2005, changed the District’s fee schedule to include a table of Fees and Charges.  The ordinance also allowed future changes by resolution rather than by ordinance. 



2-A      Resolution 2007-02

2-B      Rule 60, Fees and Charges Table