ITEM:		PUBLIC HEARINGS
12.	CONSIDER SECOND READING OF ORDINANCE NO. 145 -- AN ORDINANCE OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT CLARIFYING REGULATIONS PERTAINING TO PERMITS, CONSERVATION, AND ENFORCEMENT
Meeting Date:			September 20, 2010	Budgeted:	N/A
From:			Darby Fuerst	Program/		N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: The Water Demand Committee reviewed this ordinance on July 21, 2010, and recommended approval.
CEQA Compliance: Initial Study and Notice of Intent to Adopt a Negative Declaration filed July 23, 2010.

SUMMARY: Draft Ordinance No. 145 (Exhibit 12-A), clarifies and amends rules found in the permits, conservation, and enforcement regulations of the Monterey Peninsula Water Management District (MPWMD or District). This ordinance also amends the water demand calculation procedure in Rule 24 to allow for a reduction in outdoor water demand when a rainwater harvesting system is installed to support or augment irrigation water needs in new construction, modifies the District’s metering requirement for fire suppression systems, and amends the landscape demand calculations in Rule 24 and the definitions in Rule 11 to be consistent with the California Model Water Efficient Landscape Ordinance that was adopted by MPWMD in November 2009 in Ordinance No. 141.

Draft Ordinance No. 145 has been reviewed and is supported by the Water Demand Committee (unanimous support) and the Technical Advisory Committee (non-quorum consensus to support). The ordinance was circulated with an Initial Study and Notice of Intent to Adopt a Negative Declaration in compliance with the California Environmental Quality Act (CEQA) for a 20 day comment period. No comments were received.

DISCUSSION: The following paragraphs summarize the actions included in the draft ordinance:

Definitions

1. Two new definitions reinstate definitions deleted by Ordinance No. 141. Counsel has requested that the definitions for “Ultra-Low Consumption Dishwasher” and “Ultra-Low Consumption Washing Machine” be reinstated because the definitions were included in older deed restrictions.

2. There are four new definitions from the State Model Water Efficient Landscape Ordinance adopted by the Board in November 2009. These additions to the District’s Rules clarify language related to outdoor water use calculations in Rule 24.

3. Amendments have been made to the definitions of an “Abandoned Well” and “Inactive Well” to be consistent with the language currently in laws promulgated by the State of California and Monterey County. The new language was taken from the MCHD ordinance.

4. The definition of Rainwater Harvesting Capacity provides the methodology for calculating catchment capacity.

5. Amendments have been made to four definitions to assist with field inspections (Bar Sink, Entertainment Sink, Kitchen Sink and Vegetable Sink). Due to the odd sizes of sinks currently available for various purposes, the function and location of the sink must be considered.

6. The Maximum Applied Water Allowance definition has been amended to be consistent with the State Model Water Efficient Landscape Ordinance adopted by the Board in November 2009.

7. Non-Essential Water Use has been amended to include charity car washes.

8. The definition of Water Unit for the California American Water system has been changed from 748 gallons to 74.8 gallons for consistency with the 2008 General Rate Case approved by the California Public Utilities Commission.

9. Water Waste has been amended to include washing livestock without a Positive Shut-Off Nozzle. This generally pertains to large livestock locations such as the fairgrounds and equestrian centers.

10. The Water Waste definition for use of water in excess of a Landscape Water Budget has been clarified.

Water Distribution System Permits

1. Rule 20-C, Exemptions, adds new text that all fractured rock Wells and all Wells providing Potable supply must have a current (within three years) Pumping Test performed pursuant to MPWMD protocol. This amendment shortens the timeline for replacement of an Inactive Well from 10 to three years.

2. Rule 22-D-1-h formalizes that MPWMD will not approve a Water Permit for a new Connection to the California American Water system resulting from the inability of a permitted Water Distribution System to deliver adequate water quality or quantity to Parcels within its service area until there is full compliance by California American Water with State Water Resources Control Board Order No. WR 95-10 (as amended); California American Water compliance with the March 2006 Final Decision of the Seaside Groundwater Basin Adjudication (as amended); and water is available in the respective Jurisdiction’s Allocation for release to the Parcel(s);

3. Rule 22-D-1-o is created to provide MPWMD staff with access to Water-Gathering Facilities for data collection and inspection purposes after sufficient notice to the Owner or Operator.

4. The revised Rule 22-D-4 text was developed to clarify the timeline for completion of an approved Water Distribution System Permit.

Water Permits

1. Rule 20-B-5 adds the District’s current practice of exempting unenclosed structures and temporary structures from Water Permit requirements.

2. Rule 20-B-6 clarifies the requirement for a Water Permit for use of a Mobile Water Distribution System (i.e., trucked water).

3. Rule 23-A-1-m clarifies that the District will affix an approval stamp to the Landscaping plans submitted for a Water Permit and that an electronic copy will be maintained by the District for future reference and enforcement. This is consistent with the State Model Water Efficient Landscape Ordinance.

4. Rule 23-B-2-c clarifies that separate water lines are required for fire and domestic service in a New Structure to facilitate placement of a Flow Restrictor if necessary to enforce Water Rationing or Water Waste. This amendment was thoroughly discussed and reviewed with the area’s Fire Departments.

5. Rule 23-B-1-e and Rule 23-B-2-e adds a requirement that as a condition of approval of a Water Permit that involved any deed restriction, the Applicant must allow the District access to water records. This will allow the District to obtain consumption data to validate its permit process and to verify conservation savings. The process involves approximately 15 minutes of staff time in addition to legal review, and will add approximately $65 to the permit fees for processing time.

6. Rule 23-B-3-b clarifies that the water used by the Sleepy Hollow Mutual Potable Water Distribution System in Carmel Valley comes from California American Water.

7. Hose bibs have been added to the list of exempt residential water fixtures shown in Rule 24-A-2. Outdoor water use is not determined by the number of hose bibs.

8. The exterior water use calculations for Residential and Non-Residential uses have been modified to be consistent with the State Model Water Efficient Landscape Ordinance. Edits can be found at Rule 24-A-5-a and b. The ordinance uses the Estimated Total Water Use (ETWU) to determine the outdoor water demand estimate rather than using the Maximum Applied Water Allowance. The ETWU appears to be a more accurate reflection of long-term water use and is a calculation required by the State Model Water Efficient Landscape Ordinance.

9. A minimum outdoor factor of 0.01 acre-foot annually has been added to the Residential Exterior Water Demand Calculations (Rule 24-A-5-b, c, and d) to account for non-irrigation uses such as car washing, window washing, etc.

10. Rule 24-A-5-d and Rule 24-B-2 reduce the water demand calculation when rainwater storage is a component of an Irrigation System. The calculation used to determine the reduced demand is conservative and uses dry year rainfall data to ensure that water will be available to meet the storage calculation in most years.

11. Table 3: Connection Charge History has been updated to show the Connection Charges for the past four years.

Water Credits

Rule 25.5-F-4-d-(2) modifies the requirement for third party review of a water savings analysis to occur only when staff is unable to verify the water savings. If necessary, the District will contract with a third party reviewer and will pass the cost to the applicant. Currently, the applicant is able to hire their own “independent third party” prior to District review of the preliminary savings assessment. This has resulted in significant additional time to process requests for credit.

Enforcement

1. Rule 110-E has a spelling correction.

2. Rule 110-F changes the title from Civil Nuisances to Public Nuisances for consistency with the remainder of the rule.

3. Rule 116 was divided into two subparagraphs for clarity.

Conservation

Rule 143-F has been amended to clarify that all Non-Residential Clothes Washers must meet the definition of High Efficiency Clothes Washer by December 31, 2012.

RECOMMENDATION: Staff recommends the Board approve second reading and adoption of Ordinance No. 145. As written, the ordinance would take effect on December 1, 2010.

If adopted on second reading, staff will file a Negative Declaration (CEQA) with the County Clerk. In addition, staff will notify key community organizations, retailers/wholesalers, plumbers, etc., about the new ordinance and any resources available to assist with implementation.

IMPACT ON STAFF/RESOURCES: The changes proposed in this ordinance have minimal impact on staff, other than the additional requirements imposed by calculating Rainwater Harvesting Capacity. Staff does not believe that the additional time will impact overall services.

EXHIBITS

12-A Draft Ordinance No. 145

U:\staff\word\boardpacket\2010\20100920\PubHrng\12\item12.doc