EXHIBIT 11-A
VERSION 1.4 – Second Reading Version for 2/27/03 Meeting
ORDINANCE NO. 106
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
REVISING THE PERMIT PROCESSING FEES FOR WATER DISTRIBUTION SYSTEM APPLICATIONS
FINDINGS
1. The Water Peninsula Water Management
District (MPWMD or District) is charged under the Monterey Peninsula Water
Management District Law with the integrated management of the ground and
surface water resources in the Monterey Peninsula area.
2. The Water Management District is
authorized to establish a written permit system for regulation of water
distribution systems, regardless of the number of connections served or the
source of the water supply.
3. The board of directors finds that regulating
all water distribution systems, including mobile water distribution systems, is
necessary to protect District water resources and to assure that sufficient
water will be available for present and future beneficial use by all District
inhabitants and lands.
4. The board of directors finds, in light
of State Water Resources Control Board (SWRCB) Order WR 95-10, and the listing
of the California red-legged frog and steelhead as threatened species under the
federal Endangered Species Act (ESA), that the public trust resources of the
Carmel River must be protected, while respecting the historic agricultural
nature of the Carmel Valley.
5. The Water Management District has
enacted, by ordinance, a set of Rules and Regulations to implement its statutory
authority. District Rule 11 defines the
terms used in the regulation of water distribution systems and mobile water
distribution systems. District Rules 20, 22, 40, 54-56 and 173 further define
procedural and substantive rules that regulate these systems. Although these rules have been amended from
time to time, the fundamental scope of these regulations was first enacted in
the early 1980s. Definitions for the
terms “water distribution system” and “water-gathering facility” were enacted
on February 2, 1980 by Ordinance No. 1.
The definition of “Source of Supply” was enacted on July 11, 1980 by
Ordinance No. 3. The term “mobile water
distribution system” was defined on July 13, 1981 by Ordinance No. 7. Significant refinements, changes and additions
to the rules and regulations governing water distribution systems were adopted
as part of Ordinance No. 96 on March 19, 2001 and as part of Ordinance No. 105
on December 16, 2002.
6. The Water Management District has
enacted a comprehensive scheme to review and regulate the creation and
expansion of water distribution systems.
That scheme was first enacted on February 11, 1980, by Ordinance No. 1,
and has since been amended from time to time, most recently with Ordinance No.
96 adopted on March 19, 2001 and with Ordinance No. 105 adopted on December 16,
2002.
7. The Water Management District Board of
Directors reaffirms the need to address the concerns enumerated in the
Ordinance No. 96 Findings such as: (i)
the cumulative impact of water distribution systems have upon the water
resource, (ii) the demand burden on other systems that can result from failure
of small systems, (iii) the adequacy of fire suppression afforded by small
systems, (iv) water quality issues, (v) cross-contamination of water supplies
and water systems, (vi) public utility service area limits, (vii) the need for
clear identification of water rights for water systems, and (viii) the pressure
to create new water systems due to lack of California-American Water Company
(Cal-Am) supply as a result of State Water Resources Control Board (SWRCB)
Order WR 95-10.
8. Since
Ordinance No. 96 became effective in April 2001, six water distribution system
applications have been submitted to the Water Management District; four have
been approved, one was denied without prejudice pending additional information,
and one is in process as of January 2003.
Based on this experience, the District has determined that staff and
legal expenses associated with processing each application are greater than the
revenues received from permit processing fees.
Recommended refinements to permit processing fees and suggested changes
to the Rules and Regulations were suggested.
9. The
Water Management District Board of Directors has reviewed recommended permit
processing fee concepts and provided opportunity for public comment at the
December 16, 2002, January 30, 2003 and February 27, 2003 regular Board
meetings, as well as the Administrative Committee meeting held on January 21,
2003.
10. At
its meeting of January 30, 2003, the Water Management District Board of
Directors determined that this Ordinance No. 106 is exempt from California
Environmental Quality Act (CEQA) as it is solely fiscal in nature, and does not
meet the definition of a “project” under CEQA.
A Notice of Exemption was filed on ______ 2003 based on Board direction
at its meetings of January 30 and February 27, 2003.
11.
This ordinance is adopted to enhance the District’s ability to protect
water quality and
quantity, to prevent diminution of waters within the District, to protect
environmental values, and is consistent with the District’s authority to
reasonably regulate in-stream, surface, and subterranean water supplies within
District boundaries.
12. This ordinance shall amend Regulation VI,
Rule 60 of the Rules and Regulations of the Water Management District.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall be known as the Water Distribution System
Application Fee Ordinance of the Monterey Peninsula Water Management
District. Separate Implementation
Guidelines associated with regulation of water distribution systems will be
refined to carry out this ordinance in an orderly and consistent manner, based
on Board direction at a public meeting and the text contained herein.
Section Two: Purpose
This ordinance shall revise the permanent Rules and Regulations of the
Water Management District to clarify the permit processing fees and associated
procedures that affect creation or amendment of water distribution systems and
mobile water distribution systems.
Section Three: Amendment of Rule 60 (Permit
Fees)
District Regulation VI, Rule 60 shall be amended by deleting the
following provisions shown in strikeout text (strikeout), and by adding
the following provisions set forth in italicized and bold face type (bold
face).
RULE 60. PERMIT
FEES
Every applicant shall pay such non‑refundable
(unless otherwise stated) administrative processing fees at time
of application as follows in accordance with written Implementation
Guidelines:
A. Administrative
fee for each Permit to Create/Establish a Water Distribution System:
$1,400
for up to twenty (20) hours of staff time
1. MPWMD Staff Rate: MPWMD staff time is charged at a rate of $70.00
per hour. There is no charge for the
first hour of consultation prior to submitting an application.
2. Application Consultation Deposit Fee: A $560 deposit for up to eight (8) hours of
cumulative MPWMD staff time is required for application-related consultation
with MPWMD staff after the first hour and prior to submitting a written
application form. Unused funds may be applied to the application fee described
in subsection A-3.
3. Application Fee: A fee of $2,450 is
payable at the time a written application form is submitted for up to
thirty-five (35) hours of MPWMD staff time.
4. Deposit for Unusually Complex
Projects: “Unusually complex projects”
are defined as projects requiring MPWMD staff time in excess of the hours
stated in subsections A-2 and A-3 above. When the hours stated in subsections
A-2 and A-3 are used up, the applicant must pay an additional deposit for MPWMD
staff time anticipated to complete the permit process, as determined on a
case-by-case basis by the General Manager.
5. Charge for Legal Fees: Any legal work
performed by MPWMD Counsel associated with the application is charged to the
applicant at actual cost, based on the hourly rate of retained MPWMD legal
counsel at the time services are rendered.
6. Charge for Direct Costs: The applicant
will be charged for direct costs associated with the permit application. Examples include notices of public hearings
and filing fees charged by the Monterey County Clerk.
7.
Unpaid Fees: Unpaid fees will result in termination of the permit
process and/or withheld issuance of an otherwise valid permit.
8. Unused Funds: Unused deposits or application fee, described
in subsections A-2, A-3 and A-4, will result in a refund of unused funds to the
applicant.
B. Plan
Check and Processing fee for Permit to Expand/Extend a Water Distribution
System, or to use a Water Use Credit:
1. single‑family
and duplex residential connections: $150 per dwelling unit
2. multi‑family
residential connections:
a. 10
or less dwelling units per free‑standing structure: $250 per structure
b. more
than 10 dwelling units per free‑standing structure: $500 per structure
3. commercial/industrial
connections:
a. capacity
for annual water use of one-half (0.5) acre feet or less: $250 per structure
b. capacity
for annual water use greater than one-half (0.5) acre feet but not greater than
(1.0) acre feet: $500 per structure
c. capacity
for annual water use greater than one (1.0) acre feet: $750 per structure
4. unusually
complex applications: $70.00 per hour of
staff time for all necessary efforts in excess of twenty (20) hours per
application.
5. conditional
water permits: $750 per application
C. Fee
for Expansion Surcharge ‑ Those fees established annually, on or about
July l, by a resolution of the Board establishing the fees to be paid by new
residential, commercial/governmental, and industrial users to pay for the
projected costs of the irrigation program for the four wells in lower Carmel
Valley.
D. Processing
and Plan Check fee for each amendment of an expansion/extension permit:
1. residential
connections: $25 per dwelling unit
2.
commercial/industrial: $125 per free‑standing structure
3. unusually
complex amendments: $30.00 $70.00 per hour of staff time
for all necessary efforts in excess of five (5) hours per amendment.
E. Processing
Fee for River Work Permits
1. administrative fee for each
minor river works permit: $10 $25
2. administrative fee for each
river works permit: $25 $50
3. administrative fee for each
emergency river works permit: $25 $50
4. unusually complex applications: $70.00 per hour of MPWMD staff time in excess
of five (5) hours per application, including direct costs incurred.
FH. Administrative fee for each amendment of a
water distribution system creation permit:
1. single-parcel
connection system: $750 $1,400
for up to twenty (20) staff hours
2. multiple-parcel
connection system: $1,400 $2,450 for up to thirty-five (35) staff
hours
3. $70.00
per hour for more than twenty (20) hours of staff time expended to process (a)
or (b) above a single-parcel connection system or thirty-five (35)
hours for a multiple-parcel connection system.
4. application deposit, legal fees, unusually
complex projects, direct costs, unpaid fees and unused funds are to be
regulated as described in Rule 60-A above.
GI. Processing and Plan Check fee for the
recalculation of final connection fees pursuant to Rule 24 B: $30.00 $70.00
per hour of staff time for all necessary efforts in excess of five (5) hours
per Site requiring recalculation.
HJ. Administrative fee for each application to
transfer a water use credit pursuant to Rule 28:
1. transferred
annual water use capacity of one-half (0.5) acre feet or less: $250 per originating parcel.
2. transferred
annual water use capacity greater than one-half (0.5) acre feet but not greater
than one (1.0) acre feet: $500 per
originating parcel.
3. transferred
annual water use capacity greater than one (1.0) acre feet: $750 per originating parcel.
4. unusually
complex applications for water transfers: $30.00 $70.00
per hour of staff time for all necessary efforts in excess of twenty (20) hours
per application as well as payment for direct costs incurred.
IK. Administrative fee to review and process
applications for fixtures added without proper permit: $50 per unpermitted
fixture.
JL. No administrative fee shall be charged for the
following activities:
1. meter
splits (separation of an existing master meter into separate meters).
2. reinstallation
of a meter where there is no intensification on that site (Rule 25.5).
Section Four: Publication and Application
The
provisions of this ordinance shall cause the republication and amendment of the
permanent Rules and Regulations of the Monterey Peninsula Water Management
District.
Section titles and captions are
provided for convenience and shall not be construed to limit the application of
the text.
Section Five: Effective Date and Sunset
This ordinance shall be given
effect at 12:01 a.m. on the 30th day following the date of
its adoption on second reading. This
Ordinance shall sunset when California-American Water Company complies with
Condition #2 of State Water Resources Control Board (SWRCB) Order WR 95-10 shall
have no sunset date.
Section Six: Severability
If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
On motion of Director , and second by Director ,
the foregoing ordinance is adopted upon this ____________ day of ____________ , 2003 by the following vote:
AYES:
NAYS:
ABSENT:
I, Ernesto A. Avila, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is a full, true and correct copy of an ordinance duly adopted on the day of , 2003.
Witness my hand and seal of the Board of Directors this ________ day of ________ , 2003.
___________________________________________________
Ernesto A. Avila, Secretary to the Board
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Draft 1.4, 02/12//03 at 11:30 AM 7 pp
SECOND READING VERSION