Meeting Date:

November 16, 2009





Darby Fuerst,




General Manager

Line Item No.:




Prepared By:

Stephanie Pintar

Cost Estimate:



General Counsel Review:Yes

Committee Recommendation:The Water Demand Committee supports adoption of the proposed ordinance.The Districtís Technical Advisory Committee (TAC) and the Policy Advisory Committee (PAC) reviewed and supported draft Ordinance No. 141.

CEQA Compliance:Categorical Exemption under Class I, ß15301


SUMMARY:Draft Ordinance No. 141 (Exhibit 19-A) updates the Districtís conservation standards and is in keeping with the Districtís goal to continue as a leader in water conservation.The proposed amendments are being required through state legislation, are considered Best Management Practices by the California Urban Water Conservation Council, or have been identified as significant areas of water use and potential conservation (i.e., washing machines, pre-rinse spray valves, cooling towers and, outdoor irrigation).The ordinance also amends and clarifies the provisions of Regulation XIV, Water Conservation, which was adopted as Ordinance No. 30 in 1987.Water saved through conservation requirements reduces the amount of water needed to serve the community, contributes to community compliance with regulatory restrictions, and provides improved environmental conditions.


The draft ordinance was reviewed by the Policy Advisory Committee (PAC) and Technical Advisory Committee (TAC) on October 12, 2009.The joint PAC/TAC recommended the Board proceed with first reading of Ordinance No. 141, as amended.The elements of the ordinance have been provided to various community interest groups, including the Monterey County Hospitality Association, the Monterey Commercial Property Owners Association, the Monterey County Association of Realtors, National Association of the Remodeling Industry, and the Monterey Peninsula Chamber of Commerce, Pacific Grove Chamber of Commerce, and the Builderís Exchange of the Central Coast.


DISCUSSION:Several non-substantive amendments to the ordinance following first reading to the sections on landscaping and irrigation efficiency (Section 5, Rule 142-C-11 and C-12 and Rule 142-D-13 and D-14).These amendments include identical edits to both Residential and Non-Residential Landscaping and Irrigation System Efficiency, including new titles for the subparagraphs to facilitate future revisions.The other edits include the addition of a hydrozone grouping requirement (i.e. grouping of plants with similar water and climatic requirements), setting an irrigation efficiency standard of 70 percent for new Irrigation Systems (used for determining water budgets), and requiring Rain Sensors and Soil Moisture Sensors as part of the Irrigation System.These changes are considered to be minor edits and do not disrupt the second reading of the ordinance.


The Districtís proactive conservation program, including the proposed expansion and revisions, is necessary for the continued well-being of the community during our current water supply situation.The proposed revisions to Regulation XIV are intended to reduce consumptive use of potable water and are necessary to bring about further water efficiency within the MPWMD.This action benefits the community and the environment.Rebates for the required Non-Residential elements of the ordinance will be available upon adoption of Ordinance No. 140.


RECOMMENDATION:Staff recommends the Board approve second reading and adoption of Ordinance No. 141.As written, the ordinance would take effect on January 1, 2010.Projects in process with the land use jurisdiction on December 31, 2009 will be subject to the Districtís current requirements.


If adopted on second reading, staff will file a Notice of Exemption from CEQA with the County Clerk.In addition, staff will notify key community organizations, retailers/wholesalers, plumbers, etc., about the new requirements and the resources available to assist with implementation.


BACKGROUND:The current Regulation XIV was adopted in July 1987 as Ordinance No. 30, implementing one of the first toilet retrofit upon resale programs in the country.Since 1987, it is estimated that the Districtís retrofit on resale program has permanently reduced water demand by approximately 680 acre-feet per year.Additional savings have been achieved through showerhead and faucet aerator replacements and through new construction requirements.The last significant revisions to the program were done in 1990 and 1997.In 1990, an amendment deleted an exemption to the retrofit requirement for 3.5 gallons per flush toilets.In 1997, a requirement to retrofit toilets in visitor-serving commercial facilities was added.The existing regulation is outdated in both language and technology, and does not reflect the ongoing water supply issues experienced by the Monterey Peninsula and the state.


Revisions to Regulation XIV discussed by the Board on September 21, 2009, included requirements that would impact the availability of Water Credits for Residential New Construction.Rule 25.5-B disallows Water Use Credits for water savings resulting from mandatory District programs.Water Credits are presently utilized on almost all Water Permits to offset expanded uses as water from the jurisdictionís allocations is expended, regulatory restrictions continue/increase, and no new water supply is anticipated in the near-term that would loosen the current limitations.Without water from a jurisdictionís allocation, Water Use Credits and On-Site Water Credits (Rule 25.5) are essentially the only means to add new water fixtures in a home.



19-A††† Draft Ordinance No. 141