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ITEM: CONSENT CALENDAR |
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4. |
APPROVE REVISIONS TO DEED
RESTRICTION IMPLEMENTATION GUIDELINES |
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Meeting
Date: |
February 24, 2005 |
Budgeted: |
N/A |
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From: |
David A.
Berger, |
Program/ |
N/A |
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General
Manager |
Line Item No.: |
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Prepared
By: |
Stephanie
Pintar |
Cost Estimate: |
N/A |
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General Counsel Approval: Yes |
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Committee Recommendation: Support |
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CEQA Compliance:
N/A |
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SUMMARY: At its December 2001 meeting the Board of Directors approved a set of Deed Restriction Implementation Guidelines, which, in part, requires that new or amended deed restriction templates (i.e. standard forms) be reviewed and approved by the Rules and Regulations Committee and the full Board. To facilitate better customer service, staff proposed several changes to the guidelines to speed up the implementation process when new or revised forms are needed.
Attached as Exhibit 4-A are amendments to the Implementation Guidelines for Deed Restrictions. Changes are shown in bold italics and strikeout. At its February 7, 2005 meeting, the Rules and Regulations Committee reviewed, modified, and unanimously recommended Board approval of the proposed amendments to the deed restrictions implementation guidelines. If the Board approves this item, the revised Implementation Guidelines for Deed Restrictions will become effective immediately.
RECOMMENDATION: Approve the proposed amendments to the
Implementation Guidelines for Deed Restrictions (Exhibit
4-A).
BACKGROUND: There are presently more than 40 deed restriction templates that the Board has approved for use by the District. Deed restrictions are required by various District Rules and Regulations for enforcement of permit conditions, restrictions or violations, and to notify current and future property owners thereof. The District uses three basic types of deed restrictions, as follows:
1.
Notice & Covenant Regarding Limitation on Use of Water on a Property
2.
Notice & Covenant to Provide Public Access to Water Use Data
3.
Notices of Non-Compliance and Compliance
Based on an estimate of the number of deed restrictions recorded during the past year, approximately 500 documents are prepared and recorded annually under the current District rules. The District staff’s service level, or the targeted timeframe for performing this function, is three weeks. When staff occasionally identifies the need for a new form it first has to be drafted for (or prepared by) District Counsel, and at least two months are needed to process the proposed form through Committee and the Board under the current policy. This unnecessarily delays recordation of the applicable new deed restriction and further inconveniences the effected customer. (This delay is exemplified by the recent need for a deed restriction to remove previous deed restrictions. This form is also on this evening’s consent calendar.) Staff believes that creating new deed recordation forms is a ministerial task that the Board should delegate to District’s General Counsel. Delegating this authority to District Counsel would reduce permit issuance delays and provide more responsive customer service.
Prior to implementing the current deed restriction procedures in 2001, District staff reviewed the proposed deed restriction templates with representatives from the Monterey County Association of Realtors, First American Title Company, Chicago Title Company, A.G. Davi Real Estate, the Mitchell Group, Fouratt-Simmons Real Estate, Coldwell Banker Del Monte Real Estate, and Old Republic Title Company. Information and copies of the deed restriction templates were also provided to Stuart Title Company.
The District’s TAC and PAC also reviewed the proposed deed restriction templates in a joint meeting on August 29, 2001. The TAC/PAC took no action and expressed no concerns about the proposed language in the templates
4-A Proposed Deed Restriction Implementation Guidelines
U:\staff\word\boardpacket\2005\2005boardpackets\20050224\ConsentClndr\04\item4.doc