MEETING DATE: JANUARY 20, 2004
ACTION
ITEM 2-C: REVIEW ORDINANCE NO.
111, AMENDING DISTRICT RULE
11 (DEFINITIONS) AND RULE 24 (CONNECTION CHARGES)
SUMMARY: Draft
Ordinance No. 111 (Exhibit
C-1) clarifies existing permit procedures and amends District Rule
11 (Definitions). The ordinance
responds to the Board’s Strategic Initiative to Revise the Water Permit
Processes that was adopted by the Board in February 2002. Revising the permit processes, including
clarification of the Rules and Regulations administered by the Water Demand
Division, has been a high priority of the Board. This ordinance supports both the comprehensive revision to the
Water Demand Division database that is currently underway, and it supports the
compilation of a policies and procedures manual for the water permits and
conservation office. Definitions for
various water fixtures are a critical component to the preparation of the
policies and procedures manual and are dealt with on a day-to-day basis by
Division staff.
Draft Ordinance No. 111 changes the title of Rule 24
from “Connection Charges” to “Water Permit Process.” The change to the title of
Rule 24 more accurately reflects current policies and procedures. The prior title caused confusion with staff
and the public as to the scope and purpose of Rule 24.
Table 1: Residential Fixture Unit Count has been
amended to accurately reflect the fixture unit values of each water
fixture. The existing Table 1 has
several inaccuracies that are corrected in the proposed ordinance, including
that the existing Table 1 is shown as a form, rather than as a table in the
current District Rules and Regulations.
The proposed Table 1 includes fixture unit values for ultra-low
consumption appliances (dishwashers and washing machines) and fixtures
(ultra-low flow toilets and waterless urinals), and includes several newly
identified water fixtures for which fixture unit values have been characterized
as “other” by the General Manager and assigned a fixture unit value based on
its estimated water use. New fixtures
shown on Table 1 include waterless urinals, rain bars, body spray nozzles and
shower systems. Definitions for these
water fixtures have also been added to Rule 11, Definitions, to better enable
staff to perform their duties and for the public to understand the permitting
requirements. New factors are also
included for outdoor water uses on lots exceeding 10,000 square-feet.
Finally, the proposed ordinance integrates the
provisions of Resolution 2001-09 (attached as Exhibit
C-2) into the permanent rules of the District to provide
consistency in the application of District policy. Resolution 2001-09 has a direct link to the District Rules and
the permit process as the provisions of the Resolution brought about changes to
Table 1: Residential Fixture Unit Count.
The Resolution was not adopted by ordinance, and its provisions have
been read separately but complementary to the larger and more comprehensive
District Rules and Regulations.
Resolution 2001-09 was adopted to reduce the number of unauthorized
outdoor water fixtures and utility sinks that were being documented as existing
fixtures to obtain Water Use Credits.
The District completed and filed an Initial Study
and Notice of Intent to Adopt a Negative Declaration in compliance with CEQA on
December 23, 2003. The finding is that
Ordinance No. 111 does not have a significant impact on the environment. The comment and review period ends on
January 20, 2004. A copy of the CEQA
documents is attached as Exhibit
C-3.
DISCUSSION: Since first reading on October
30, 2003, staff has identified two areas requiring discussion by the Water
Demand Committee. The first,
half-gallon toilets, was discussed by the Board on October 30, 2003 and action
was taken to strike half-gallon toilets from Table 1, Residential Fixture Unit
Count. The second discussion has to do
with the Board’s November/December 2003 granting of an appeal related to
Resolution 2001-09. During
consideration of the Findings of Approval for Mr. Gregory Hanlon’s appeal,
staff expressed concern and requested direction on how to respond to similar
requests.
The Board originally
approved a list of water credit “incentives” in October 1992. Staff was given the discretion to amend the
list from time to time after reviewing new products. The half-gallon toilet was added to the list in 1994, but was not
widely used until fairly recently when the jurisdictions’ water accounts
dwindled. The half-gallon toilet that
was installed for credits on the Peninsula uses compressed air to enable the
flush and therefore requires installation of an air compressor on the property
to supply the toilets. In May 2003,
District staff requested authorization to survey water permit applicants and
homeowners that had one or more half-gallon toilets installed between 1994 and
2003.
Staff proposed the survey in response to concerns
expressed by residential users of the half-gallon toilets. Specifically, there were concerns that the
toilets and/or air compressors require regular maintenance/adjustment and it is
difficult to find local plumbers familiar with the toilets, the toilets
sometimes leak or fail to flush properly, property owners have been known to
replacing the half-gallon toilets with higher flow toilets, and there are noise
problems associated with the air compressor (including the one located in the
District’s office). Staff wanted to
assess whether the District should continue to offer an incentive for
installing these fixtures, or whether the practice should be reconsidered. In addition, the District received several
requests from property owners with half-gallon toilets that were installed to
enable a second bathroom prior to Ordinance No. 98 who would like to upgrade to
the 1.6 gallon-per-flush toilets as allowed by Ordinance No. 98.
Feedback from the survey conducted by the District
in July/August 2003 to determine the effectiveness and overall satisfaction
with half-gallon toilets was resoundingly negative. Complaints ranged from performance to repair issues. Specifically, there are problems with
“splash back” of toilet contents, repair costs and unfamiliarity of plumbers
with the half-gallon toilets, air compressor noise and the inability to use the
toilet during electrical outages. A
copy of the survey and a summary of the survey results are attached as Exhibit
C-4.
On August 21, 2003, the
Board Chairman, Director Henson, directed staff to immediately suspend water
credits for half-gallon per flush toilets due to the negative feedback received
from users of these fixtures. Staff was
directed to continue processing complete water permit applications that had
been received prior to August 22, 2003, but to refuse any future applications
that propose the half-gallon fixtures to offset new water uses. The half-gallon toilet was stricken from
Table 1, Residential Fixture Unit Count, for the first reading of Ordinance No.
111. Applicants still have the option
of installing a one-gallon per flush toilet for a slightly lower water credit
value.
Staff advises against allowing the half-gallon
toilet for credit. The fixtures are
impractical in a residential setting, particularly with the problems associated
with the air compressors, the efficient operation of the toilet and the lack of
locally trained repair people. During
the public hearing on October 30, 2003, two of the ardent supporters of the
half-gallon toilets made statements to the effect of “(the toilets) operate well if they are properly installed and
maintained.” As special training of
both the homeowner and plumbers is required to ensure the efficient operation
of these fixtures, staff recommends that the District not grant credit for
their installation.
Hanlon Appeal Precedent
At the November 24, 2003 Board meeting, the Board
agreed to grant Mr. Hanlon’s appeal of a staff decision denying water credit
for removal of an outdoor spa. Although
credit for outdoor spas was eliminated when Resolution 2001-09 was adopted, the
Board determined that since Mr. Hanlon had obtained a water permit (including
paying for one fixture unit) for the spa prior to adoption of Resolution
2001-09, Mr. Hanlon could receive a credit of one fixture unit. Ironically, Resolution 2001-09 eliminated
the requirement to obtain a water permit for an outdoor spa, and Mr. Hanlon may
now keep the spa and benefit from the fixture unit he purchased in 2000. Staff expressed concern for the precedent-setting
nature of the appeal, and the Board referred the item to the Water Demand
Committee for review.
The precedent of the Board’s approval of the Hanlon
Appeal on November 24, 2003, allows water credits for removal of outdoor water
fixtures, multiple utility sinks and multiple showerheads impacted by
Resolution 2001-09 when the jurisdiction and the District have evidence that a
water permit was obtained and a connection charge paid for the fixture(s). Based on the direction that a connection charge
was paid for the fixture, the following scenarios would not qualify for
credit of any type:
The above listed scenarios
do not differ significantly from the action taken by the Board on the Hanlon
Appeal with the exception that the examples did not pay a connection charge for
the permitted fixture. It therefore
seems reasonable that the Water Demand Committee would not want to recommend
that these examples be included for credit when a fixture is permanently
abandoned, particularly as the intent of Resolution 2001-09 was to eliminate
unpermitted water fixtures, not lawfully installed fixtures. Staff proposes the following highlighted language be
added to Section 4, C-1-d of draft Ordinance No. 92 to accomplish this change:
a.
The
District shall grant a Water Use Credit for the permanent removal of water
using fixtures providing that the fixture was properly and lawfully installed, as evidenced by a water permit
showing a debit to a jurisdiction’s allocation and payment of related
connection charges. However, the
District shall not provide a water use credit of greater than four (4) fixture
units for the complete removal of any shower or bathtub.
RECOMMENDATION: Staff recommends the Water Demand Committee support adoption of
Ordinance No. 111 at the January 29, 2004 Board meeting with the minor edit
proposed under the “Discussion” heading.
Implementation of the proposed definition and fixture count changes are
critical to operations of the Water Demand Division. Delay in adoption of these provisions will effect the completion
of a Policies and Procedures Manual for the Water Demand Division and creates
confusion for staff and the public. The
adoption of the ordinance is integral to customer service.
IMPACT ON RESOURCES: Adoption of Ordinance No. 111 will have positively impact staff’s
ability to administer and enforce the District’s permitting regulations by
making the Rules and Regulations clearer and more logical.