Meeting Date:

May 21, 2007





David A. Berger,




General Manager

Line Item No.: 


Prepared By:

Henrietta Stern

Cost Estimate:



General Counsel Approval:  Reviewed by Counsel

Committee Recommendation:  The Administrative Committee reviewed this item on May l 4, 2007 and recommended approval.

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


SUMMARY:  Resolution 2007-06 (Exhibit 4-A) updates Rule 60, Fees and Charges Table to address the need to reflect actual expenses incurred by the District to process Water Distribution System (WDS) permit Pre-Applications and Applications.  Updating the Fees and Charges Table of Rule 60 also reflects the Board’s intent for the WDS permit process to be self-funding as reflected in Ordinances Nos. 106, 118 and 122.    


The Fees and Charges Table has been revised to more accurately reflect recovery of actual staff, consultant, legal and other costs needed for the WDS permit process, based on the experience of the past six months.  The substantive changes are in rows 12 through 17.  These changes increase the initial permit fee for the Pre-Application review process, an Exemption Confirmation, as well as WDS Application Levels 1, 2, 3 and 4. These changes reflect that hydrologic and/or planning consultant assistance is needed to help District staff process the WDS permits from the Pre-Application step onward.  The increased costs also reflect the additional staff hours needed to prepare deed restrictions and other required paperwork.  In addition, a few minor clerical corrections are shown in rows 18, 19, 20, 25, 26 and 75 (subhead).  Amendments to the table are shown in strikeout (deletions) and bold italics (additions) in Exhibit 4-B, which is referred to as “Attachment 1” in the Resolution. District counsel has reviewed and approved the recommended amendments. 


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 May 14, 2007 and recommended approval.  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.  Ordinances Nos. 96, 105, 106, 118, 122 and 124 have guided the WDS permit process.  Due to the increased volume of WDS permit applications received in the past year, the Board previously approved contracts with Pueblo Water Resources and Golden State Planning and Environmental Consulting to assist staff with hydrogeologic and planning review tasks, respectively.  The use of these consultants has increased the overall cost of permit processing, but has greatly helped to reduce the backlog of applications and also will help to process future pre-applications and applications more quickly.  When these consultant contracts were previously approved, staff did not request an adjustment to the WDS fees at that time.  Based on the invoices received over the past six-to-nine months, District staff believes an adjustment in permit fees is prudent and appropriate.



4-A      Draft Resolution 2007-06

4-B      Marked up Rule 60, Fees and Charges Table (May 3, 2007 version)