EXHIBIT
15-A
ORDINANCE NO. 120
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
SETTING
AND AMENDING ADMINISTRATIVE FEES FOR
VARIOUS SERVICES, INCLUDING PERMIT PROCESSING, AND ENABLING FUTURE AMENDMENT OF FEES BY BOARD RESOLUTION
FINDINGS
1.
The
Water Peninsula Water Management District (MPWMD, District or District) was
authorized in 1977 by the California Legislature (Chapter 527 of the Statutes
of 1977, as amended, found at West’s Water Law Appendix, Section 118-1, et
seq.) and the voters of the
4.
The
Water Management District is authorized to establish a written permit system to
regulate the formation and expansion or extension of water distribution
systems. The District also manages and
monitors wells, and structures (works) within the
5.
The
Water Management District’s management efforts are 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. The need for these protective
efforts has been heightened by State Water Resources Control Board (SWRCB) Order
WR 95-10, and the listing of the
6.
In
the performance of its water management function, the Water Management District
undertakes property inspections, prepares and reviews documents, monitors and
enforces its Rules & Regulation and permits issued under its authority. These activities are undertaken to protect
water quality and quantity, to prevent diminution of waters within the
District, to protect environmental values, and are consistent with the
District’s authority to reasonably regulate in-stream, surface, and
subterranean water supplies within District boundaries.
7.
This
Ordinance authorizes collection of administrative fees and charges for staff
time and sets administrative fees and charges for activities associated with,
but not limited to, appeals, compliance, conservation matters, data search,
document review, enforcement, permits, rationing, staff consultation, and site
inspection.
8.
This
ordinance is exempt from CEQA pursuant to California Environmental Quality Act
(CEQA) Guidelines section 15273(a)(1) –
Rates, Tolls, Fares, Charges. The Board of Directors determines and
declares that all new or amended fees and charges set and authorized by this
Ordinance are to meet Water Management District operating expenses, including
employee wage rates and fringe benefits, consultant services, legal services
and direct costs, including permit processing, enforcement and associated
litigation expenses. A Notice of Exemption shall be filed.
9.
This
ordinance shall amend Regulation VI, Rules 60 to 63, inclusive, of the Rules
and Regulations of the Water Management District. This ordinance modifies fees and charges
authorized by Regulation VI, Rule 60 (Permit Fees), Rule 61 (Publication Fees),
Rule 62 (Well Monitoring Fees), and Rule 63 Miscellaneous Fees of the Rules and
Regulations of the Water Management District.
This ordinance also sets new fees related to the issuance of Water
Entitlements. This ordinance republishes
existing fees and charges formerly set by Rules 60 to 63 without modification.
10.
Rule
60 was first enacted by Ordinance No. 1 (2/11/80), amended by Ordinance No. 4
(2/11/81), Ordinance No. 5 (4/13/81), and Ordinance No. 8 (1/14/81); formerly
Rule 500, renumbered by Ordinance No. 3 (7/11/80); formerly Rule 600,
renumbered by Ordinance No. 6 (5/11/81); amended by Ordinance No. 26 (9/8/86);
amended by Ordinance No. 63 (6/15/92); amended by Ordinance No. 71 (12/20/93);
amended by Ordinance No. 96 (3/19/2001); amended and re-lettered by Ordinance
No. 105 (12/16/2002); amended by Ordinance No. 115 (5/24/04).
11.
Rule
61 was first enacted by Ordinance No. 1 (2/11/80), amended by Ordinance No. 4
(2/11/81) and Ordinance No. 5 (4/13/81); formerly Rule 501, renumbered by
Ordinance No. 3 (7/11/80); formerly Rule 601, renumbered by Ordinance No. 6
(5/11/81); amended by Ordinance No. 57 (6/24/91)
12.
Rule
62 was first enacted by Ordinance No. 3 (7/11/80), amended by Ordinance No. 4
(2/11/81) and Ordinance No. 5 (4/13/81); formerly Rule 602, renumbered by
Ordinance No. 6 (5/11/81); amended by Ordinance No. 56 (11/25/91); amended by
Ordinance No. 96 (3/19/2001).
13.
Rule
63 was first enacted by Ordinance No. 3 (7/11/80), amended by Ordinance No. 4
(2/11/81), Ordinance No. 5 (4/13/81), Ordinance No. 8 (1/14/81), and Ordinance
No. 9 (2/14/83); formerly Rule 603, renumbered by Ordinance No. 6 (5/11/81);
amended by Ordinance No. 63 (6/15/92); amended by Ordinance No. 96 (3/19/2001).
14.
The
Water Management District further authorizes, by this ordinance, fees and
charges set by this measure to be modified by Board Resolution.
15.
The
Water Management District further authorizes, by this ordinance, the General
Manager to develop, promulgate, and amend from time to time, Implementation
Guidelines to carry out this ordinance in an orderly and consistent manner. The
Board shall receive notice of any amendment to the Implementation
Guidelines.
16.
This
ordinance shall delete its Rule 71 providing for Assessment Appeals in its
entirety, as the Water Management District no longer has any assessments
associated with the Carmel River (or otherwise) and the language enacted by
Ordinance No. 9 (2/14/83), and amended by Ordinance No. 11 (11/14/83), and
Ordinance No. 22 (3/11/85), is now obsolete.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall be known as the Fee Amendment and Future Fee Process Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance shall revise the permanent Rules and Regulations of the Water Management District to amend select fees, and create new fees for various services, including but not limited to activity related to issuance and monitoring of permits associated with Water Entitlements. This ordinance shall further modify the process by which administrative processing fees, including permit fees, shall be established or modified in the future. Fees set by this ordinance include, but are not limited to, inspection fees, permit processing fees, document review and preparation fees, and enforcement fees. Fees previously enacted and not amended by this ordinance shall appear unchanged on the fees and charges table created by this ordinance.
This ordinance authorizes the General Manager to develop and promulgate Implementation Guidelines based on Board direction, and may modify these from time to time with notice to the Board, to carry out this ordinance in an orderly and consistent manner.
This ordinance
deletes the Assessment Appeal Rule as assessments associated with the
Section
Three: Amendment of Rule
60
District
Regulation VI, Rule 60, shall be amended by deleting the entirety of its
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.
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: $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: $25
2. administrative fee for each river works
permit: $50
3. administrative fee for each emergency river
works permit: $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.
F. Administrative fee for each amendment of a
water distribution system creation permit:
1. single-parcel connection system: $1,400 for up to twenty (20) staff hours
2. multiple-parcel connection system: $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 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.
G. Processing and Plan Check fee for the
recalculation of final connection fees pursuant to Rule 24 B: $70.00 per hour
of staff time for all necessary efforts in excess of five (5) hours per Site
requiring recalculation.
H. 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: $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.
I. Administrative fee to review and process
applications for fixtures added without proper permit: $50 per unpermitted
fixture.
J. 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).
RULE
60. FEES & CHARGES.
A. Purpose. MPWMD
shall set administrative fees and charges to meet ongoing operating expenses,
including but not limited to, employee wage rates and fringe benefits, and
costs of supplies, equipment, materials and services. These fees and charges shall bear a positive
correlation to the cost of providing each service, or activity by District
staff and/or its agents. Fees and
Charges not time-based shall remain unchanged unless amended by future action
of the Board.
B.
Fee & Charge Categories.
MPWMD shall set administrative fees and charges for each of the
following services or activities: Action
on any Appeal, Action on any Permit, Action on any Variance, Compliance
Activity, Conservation or Rationing Activity, Data Search, Document
Preparation, Document Review or Retrieval, Enforcement Activity, Research,
Staff Consultation, Site Inspection, Water Entitlement (Water Use Permit),
Water Credit and/or Water Credit Transfer activities.
C. Table of Fees & Charges. MPWMD shall maintain a Fee & Charge Table
providing for all current administrative fees and charges for each Fee &
Charge Category set by Paragraph B of this Rule. The Fee and Charge Table, referenced in this
Rule and incorporated into this paragraph as if set forth in full, shall be
amended from time to time by a Resolution duly adopted by the MPWMD Board of
Directors. When hours of effort are
referenced on the Fee & Charge Table, the General Manager shall cause each
member of staff, and each consultant, to maintain a log of all effort expended
for that matter. Effort shall be charged
in increments of ½ hour.
D.
Connection Charges. This Rule
shall not amend or modify connection charges as set by Rule 24, and the process
by which administrative fees and charges, and the Fee and Charge Table
referenced in Paragraph C, above, shall not apply to the Water Supply Cost
Component set in Rule 24 E.
E.
Implementation Guidelines. To
apply this Rule in an orderly and consistent manner, the General Manager shall
develop and promulgate Implementation Guidelines to guide the fair
administration and collection of MPWMD Fees & Charges. These Implementation Guidelines may be
modified from time to time, with notice to the Board.
F.
Administration of Fees & Charges.
Each Fee or Charge collected by MPWMD pursuant to the Fee & Charge
Table created by this Rule shall be non-refundable, unless the Implementation
Guidelines clearly state that a specific fee is refundable. Where the fee set for any matter calls for an
hourly rate, or where the fee is set to reimburse the District for costs and
expenses it shall incur, the General Manager shall provide to the Applicant an
estimate of the full fee to be incurred, and the applicant shall deposit that
sum with the District, in advance. This
estimate may be corrected from time to time, and the deposit shall be
replenished as necessary to fully fund the anticipated fee and costs to be
incurred by the District. As for Fees or
Charges that are deemed refundable by the Implementation Guidelines, the Fee or
Charge shall be considered a deposit against which time, effort and materials
related to that activity shall be charged, and the amount subject to refund
shall be limited to the unexpended and/or unencumbered increment of the
deposit. As to that portion only, the
remaining fee deposit shall be refunded to the applicant, upon written request.
G.
Notification of Unpaid Fees & Charges. The General Manager shall provide written
notification to the applicant and/or landowner that required fees and/or
deposits have not been paid to the District.
Notice shall have been given when the written notification has been
deposited in the
H.
Collection of Unpaid Fees & Charges. Failure to tender the final fee or charge
within the sixty (60) day period set forth above shall result in the automatic
revocation of the related permit, or denial of the request for appeal or
variance. The District shall also remove
any water meter installed in relation to the unpaid fee or charge upon
revocation of the permit. As to the
unpaid fee or charge, the General Manager shall record a Notice of
Non-Compliance against the affected property, which Notice shall be removed
upon payment.
I.
Enforcement. If the water meter
has not been removed, or if the fee or charge remains unpaid after the Notice
of Non-Compliance has been recorded for a period of ninety (90) days, the
General Manager is authorized to file suit in Monterey County Superior Court to
compel compliance with any and all permit requirements, including and not
limited to removal of the water meter serving the property. The General Manager is also authorized record
a lien against the property for unpaid fees and charges. Any lien authorized by this section shall not
require Board approval in accord with the procedure required for other liens
pursuant to District Rule 113.
Section
Four: Deletion of Rule
61
District
Regulation VI, Rule 61 shall be deleted in its entirety as shown in strikeout (strikeout)
text below. MPWMD shall incorporate fees
and charges for publications within the Fee & Charge Table authorized by
Rule 60 C. Such fees and charges may be
amended from time to time by a Resolution duly adopted by the MPWMD Board of
Directors.
RULE
61 PUBLICATION FEES
When
other than a public agency, the maximum fees and charges for publications shall
be set forth below:
A.
Copies of Rules and Regulations ‑
$10
B.
Copies of Environmental Guidelines ‑
$5
C.
Copies of permits and other materials ‑
10 cents per page
Section
Five: Deletion of Rule
62
District
Regulation VI, Rule 62 shall be deleted in its entirety as shown in strikeout (strikeout)
text below. MPWMD shall incorporate fees
and charges for Well Monitoring within the Fee & Charge Table authorized by
Rule 60 C. Such fees and charges may be
amended from time to time by a Resolution duly adopted by the MPWMD Board of
Directors.
RULE
62 WELL MONITORING FEES
Every
applicant, excepting governmental agencies, shall pay up to the maximum a non‑refundable
fee as follows:
A.
Fee for existing well registration ‑
$10
B.
Fee for new well registration ‑ $25
C.
Fee for Water Well Registration Form ‑
$25
Section Six: Deletion of Rule 63
District
Regulation VI, Rule 62 shall be deleted in its entirety as shown in strikeout (strikeout)
text below. MPWMD shall incorporate fees
and charges for Miscellaneous Activities, including fees for Appeals and
Variances, within the Fee & Charge Table authorized by Rule 60 C. Such fees and charges may be amended from
time to time by a Resolution duly adopted by the MPWMD Board of Directors.
RULE
63 MISCELLANEOUS FEES
Every
applicant excepting governmental agencies, shall pay at time of application, a
non‑refundable fee as follows:
A.
Fee for appeal:
1. capacity
for annual water use of one-half (0.5) acre-feet or less: $250 per structure
2. capacity
for annual water use greater than one-half (0.5) acre-feet but not greater than
one (1.0) acre-feet: $500 per structure
3. capacity
for annual water use greater than one (1.0) acre-feet: $750 per structure
B.
Fee for variance:
1. capacity
for annual water use of one-half (0.5) acre-feet or less: $250 per structure
2. capacity
for annual water use greater than one-half (0.5) acre-feet but not greater than
one (1.0) acre-feet: $500 per structure
3. capacity
for annual water use greater than one (1.0) acre-feet: $750 per structure
C.
Fee for short‑term variance: $125
D.
Fee for assessment appeal: $125
E.
Additional Fees for Complex Appeals or
Variances: $70.00 per hour of staff time
for all necessary efforts in excess of ten (10) hours per appeal or variance.
Section
Seven: Unchanged Fees and
Charges
The following fees and charges shall be
incorporated into the Fee And Charge Table without modification:
Rule 60 A: Administrative fee for each Permit to
Create/Establish a Water Distribution System;
Rule 60 C: Fee for Expansion Surcharge
Rule 60 E: Processing Fee for River Works Permits;
Rule 60 F: Administrative fee for each amendment of a
water distribution system creation permit;
Rule 60 G: Processing and Plan Check fee for the
recalculation of final connection fees pursuant to Rule 24 B;
Rule 60 I: Administrative fee to review and process
applications for fixtures added without proper permit;
Rule 60 J: No administrative fee shall be charged for
the following activities
Rule 61: Publication Fees
Rule 62: Well Monitoring Fees
Rule 63 C: Fee for short‑term variance.
Section
Seven: Deletion of Rule
71
District Regulation VII, Rule 71 providing for Assessment Appeals shall be deleted in its entirety.
Section Eight: Publication and Application
1. The provisions of this ordinance
shall cause the republication and amendment of the permanent Rules and
Regulations of the Monterey Peninsula Water Management District.
2. Section titles and captions are provided for convenience and shall not be construed to limit the application of the text.
3. All references within the District Rules and Regulations to Rules 61, 62 and/or Rule 63 shall be changed to be a reference to “Rule 60.” Examples of such references may be found, but are not limited to Rule 21 (Applications), Rule 22 (Action on Application for Permit to Create/Establish a Water Distribution System), Rule 70 (Appeals), and Rule 90 (Variance).
Section Nine: 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 have no sunset date.
Section Ten: 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.
If any subdivision, paragraph, sentence, clause or phrase of Section Three, Four, Five or Six of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall automatically cause the re-publication of the prior Rule 60, 61, 62, and/or 63 as appropriate, and shall not affect the validity or enforcement of fees under that Rule or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that Rules 60 through 63, inclusive, would not have been repealed but for the adoption of this ordinance.
On motion of Director _________, and second by Director ___________, the foregoing ordinance is adopted upon this ____day of ___________, 2005 by the following vote:
AYES:
NAYS:
ABSENT:
I, David Berger, 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 __________, 2005.
Witness my hand and seal of the Board of Directors this ______ day of _______, 2005.
_______________________________________
David Berger, Secretary to the Board
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