Consider SECOND Reading AND ADOPTION of Revised Ordinance No. 134 -- An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Regulation XV, The Expanded Water Conservation and Standby Rationing Plan


A.     Consider adoption of negative declaration in compliance with california enforinmental quality act (ceqa)

B.     Consider adoption of ordinance no. 134


Meeting Date:

August 18, 2008





Darby Fuerst,




General Manager

Line Item No.:




Prepared By:


Stephanie Pintar


Cost Estimate:


General Counsel Approval:


Committee Recommendation:

The Water Demand Committee reviewed the revised ordinance on July 15, 2008, and unanimously recommended approval.

CEQA Compliance:

Negative Declaration. CEQA Initial Study and Notice of Intent to Adopt a Negative Declaration filed with County Clerk on April 18, 2008.


SUMMARY: Revised Ordinance No. 134 (Exhibit 14-A) amends the Districts Expanded Water Conservation and Standby Rationing Plan to recognize the Seaside Adjudication Decision and to clarify existing language. Revised Ordinance No. 134 does not make any change to the existing definition of the Monterey Peninsula Water Resource System. The definition is being considered in a separate ordinance, Ordinance No. 135, scheduled for consideration on August 18, 2008.

A Negative Declaration was processed and circulated for this ordinance in April 2008. No comments were received. As part of the consideration of adoption for Ordinance No. 134, the Board must also consider adoption of the Negative Declaration, shown as Exhibit 14-B. If approved, a Notice of Determination will be filed with the County Clerk.

DISCUSSION: Revisions were made to Ordinance No. 134 following review of the previous version on May 18, 2008. Revisions to the definition of the Monterey Peninsula Water Resource System have been removed, and will be considered as a separate action. The following direction was provided by the Board at the July 21, 2008 meeting:

Unaccounted for Water Use Standard. The Boards current standard of seven (7) percent Unaccounted for Water use in California American Waters (CAW) Main System remains unchanged until CAW provides justification for making a change or proposes an acceptable alternative standard for consideration. For Water Year 2007, CAWs Unaccounted-For-Water Use was 10.6%.

Moratorium. The Board concurred with the Water Demand Committee recommendation and directed that a moratorium should occur immediately upon declaration of Stage 5 to send a clear message to the community. Similar language is contained in Rule 166, Stage 6.

Outdoor Water Use Restrictions. Provisions to consider implementing outdoor water use restrictions were added to Rule 165, Stage 5. Previously, Non-residential outdoor water use restrictions began in Stage 6, Rule 166-M. Stage 6 also includes restrictions on (1) operation and use of ornamental water fixtures (Rule 166-O), and (2) the use of water from the Monterey Peninsula Water Resource System for dust control purposes (Rule 166-P), and (3) a prohibition on the use of portable water for dust control (Rule 166-P).


BACKGROUND: Since 1999, MPWMDs Regulation XV, Expanded Water Conservation and Standby Rationing Program, in combination with an extensive public awareness campaign and comprehensive water rate structure has enabled compliance with State Water Resources Control Board (SWRCB) Order No. WR 95-10. The plan also provides the foundation for water rationing in the event of drought or other emergency reductions in water supply.


RECOMMENDATION: The Board should receive comments from the public, adopt the proposed Negative Declaration based on the Initial Study dated April 16, 2008, and direct staff to file a Notice of Determination with the County Clerk, and adopt Ordinance No. 134 on second reading. If adopted, the Ordinance will become effective on September 17, 2008.

IMPACT ON STAFF/RESOURCES: Staff has not identified any impacts to staff or resources related to the proposed revisions.



14-A Draft Ordinance No. 134

14-B Negative Declaration for Ordinance No. 134