ITEM: PUBLIC HEARINGS

13. CONSIDER FIRST READING OF ORDINANCE NO. 111 - AMENDING DISTRICT RULE 24 AND RULE 11

Meeting Date: October 30, 2003 Budgeted: NA

Program/Line Item No.: NA

Staff Contact: Stephanie Pintar Cost Estimate: NA

General Counsel Approval: Reviewed ordinance text and concurred.

Committee Recommendation: The Water Demand Committee recommends approval.

CEQA Compliance: Staff is preparing an Initial Study and Negative Declaration.

SUMMARY: Draft Ordinance No. 111 (Exhibit 13-A) 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, is 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.

Draft Ordinance No. 111 changes the title of Rule 24 from “Connection Charges” to “Water Permit Process.” The title of Rule 24 has been changed to more accurately reflect current policies and procedures. The prior title caused confusion as to the scope and purpose of Rule 24. Definitions for various water fixtures have also been added to better enable staff to perform their duties and for the public to understand the permitting requirements.

Table 1: Residential Fixture Unit Count has been amended to accurately reflect the fixture unit values of each water fixture. The existing Table 1 (Exhibit 13-B) has several inaccuracies that are corrected in the proposed ordinance, and the existing Table 1 is shown as a form, rather than as a table. 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. New fixtures shown on Table 1 include waterless urinals, rain bars, body spray nozzles and shower systems.

Finally, the proposed ordinance integrates the provisions of Resolution 2001-09 (attached as Exhibit 13-C) 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. New factors are included for outdoor water uses on lots exceeding 10,000 square-feet.

RECOMMENDATION: Staff recommends the Board approve the first reading of Ordinance No. 112. If the first reading is approved, second reading will be scheduled for January 2004, allowing time to file the necessary CEQA paperwork and allowing at least 30 days between first reading and adoption. If adopted in January, the ordinance is scheduled to take effect on March 1, 2004.

The Water Demand Committee reviewed this item on July 24, 2003 and October 10, 2003 and unanimously supports adoption of the ordinance.

IMPACT ON RESOURCES: Adoption of Ordinance No. 111 will positively impact staff’s ability to administer and enforce the District’s permitting regulations by making the Rules and Regulations clearer and more logical.

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