EXHIBIT
13-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 Monterey Peninsula ratified its creation in June,
1978. The District holds comprehensive
authority to integrate 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 to
regulate the formation and expansion or extension of water distribution
systems. The District also manages and
monitors wells, and structures (works) within the Carmel River. A comprehensive effort to review and
regulate the creation and expansion of water distribution systems was first
enacted by the Water Management District on February 11, 1980, by Ordinance No.
1, was amended by Ordinance No. 96 on March 19, 2001, amended by Ordinance No.
105 on December 16, 2002, amended by Ordinance No. 106 on February 27, 2003,
and amended by Ordinance No. 118 on December 13, 2004.
3.
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 California red-legged frog and steelhead as
threatened species under the federal Endangered Species Act (ESA) to protect
the public trust resources of the Carmel River. Management efforts assess and minimize (i) the cumulative impact
of water distribution systems upon water resources, (ii) the demand burden that
can result from failure of small water systems, (iii) fire risks presented by
small water systems, (iv) water quality concerns, (v) cross-contamination of
water supplies and water systems, (vi) public utility service area limitations,
(vii) lack of clear identification of water rights for water systems, and
(viii) other limits associated with the lack of California-American Water
Company (Cal-Am) supply as a result of State Water Resources Control Board
(SWRCB) Order WR 95-10.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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).
9.
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)
10.
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).
11.
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).
12.
The
Water Management District further authorizes, by this ordinance, fees and
charges set by this measure to be modified by Board Resolution.
13.
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.
14.
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 Carmel River are no longer authorized.
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 U.S. mail, postpaid,
addressed to the responsible party, or when personally delivered. The applicant and/or landowner shall deposit
the fee, in full, within sixty (60) days of notification, and during such time,
the District shall suspend all actions relating to that applicant or property,
including efforts to process any application for permit, appeal and/or
variance.
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
U:\staff\word\boardpacket\2005\2005boardpackets\20050321\PubHrgs\13\item13_exh13a.doc