WATER DEMAND COMMITTEE

 

 

ITEM:

ACTION ITEMS

 

2.

Discuss and Provide Feedback on Amendments to District Rules 23, 24 and 24.5 Related to Policies and Procedures in the Water Demand Division

 

Meeting Date:
October 11, 2005

 

 

 

From:

David A. Berger,

 

 

 

General Manager

 

 

 

 

Prepared by:
Stephanie Pintar

 

 

    Please note:  Exhibits 2-A through 2-D are comprised of large PDF files and are not linked to the report. 

    Please contact MPWMD for more information.

 

SUMMARY:  Attached as Exhibit 2-A and 2-B are proposed revisions to Rule 23-Action on Application for Permit to Expand or Extend a Water Distribution System, and Rule 24-Water Permit Process.  The changes reflect current administrative practices and policies and clarify the rules to facilitate completion of the Water Demand Division’s Policies and Procedures Manual. 

 

DISCUSSION:  Rule 23 reflects the “process” for water permits.  Staff has completed the first portion of revisions to Rule 23 to reflect the process leading up to and following the calculation of the water use capacity and the connection charge.  Additional work needs to be done to add mandatory conditions, the process for verifying water use capacity, and the process for Water Use Permits (Pebble Beach Entitlement).  The current, existing version of Rule 23 is attached as Exhibit 2-C.  District counsel was out of town prior to the Water Demand Committee meeting and was unable to review the amendments prior to the meeting.

 

Due to the complexity of changes to Rule 24, staff has essentially deleted the portion of Rule 24 from subsection A through G to facilitate review.  The proposed text shown at Exhibit 1-A should replace the current, existing text.  The current, existing text to Rule 24 is shown at Exhibit 2-D.  Rule 24 has been revised to strictly address the calculation of water use capacity and the connection charges. 

 

Each rule should be discussed separately.  Key modifications are outlined below.

 

Rule 23

  1. The rule addresses the processes for issuing different types of water permits.
  2. The title has been changed to Action on Application for a Water Permit to Connect to or Modify an Existing Connection to a Water Distribution System.


Rule 24

  1. The title has been changed from Water Permit Process to Calculation of Water Use Capacity and Connection Charges.
  2. The current rule contains a great deal of “process” that is redundant.  Any “process” addressed in the proposed Rule 24 is related strictly to the calculation of water use and calculation of connection charges.  Other processes are addressed in Rule 23.
  3. Rule 24-A has been broken down into specific steps for determining residential water use capacity.
  4. Rule 24-B has been broken down into specific steps for determining non-residential water use capacity.
  5. The calculation of exterior water use has been clarified.  This text includes a reduced water use factor for properties that are restricted to native vegetation by the jurisdiction and provides the calculation for determining the Maximum Applied Water Allowance.
  6. The section on “calculation of unfactored connection charges” has been deleted.  The minimum connection charges have not been collected by the District.  Similarly, the connection charge surcharge has been deleted.  The fact is that these fees have not been collected since at least 1987 and possibly never were collected. 
  7. A table has been added to reflect the annual change in the connection charge.
  8. The rule relating to special circumstances has been clarified and split into subparagraphs that address various applications of the rule.
  9. Conditions for Special Circumstances with Substantial Uncertainty have been added.  These conditions have been standard conditions of the Board for more recent approvals of special circumstances with substantial uncertainty.
  10. A significant portion of the Connection Charge Refunds section is deleted, as the text referenced in the current version is outdated.
  11. The Connection Charge Hearing section is deleted, since the issues addressed here are included in the section on special circumstances, including an avenue to the Board.
  12. Current Rule 24-K has been modified to change the language to address the Rule, rather than an ordinance.
  13. Multiple terms have been added to the definitions, although not all terms have been adequately defined for review at this point.  The complete definitions will be provided to the Water Demand Committee for review in the draft ordinance.  Terms currently proposed for addition to the Rules and Regulations include:
    1. Adjusted Water Use Capacity
    2. AF
    3. AFA
    4. Applicant
    5. Architectural Drawings
    6. Bathroom
    7. Cistern
    8. Commercial
    9. Construction Plans
    10. Dual System
    11. Estimated Annual Water Use Capacity
    12. Estimated Annual Water Use Capacity Adjustment
    13. Exterior Water Demand Calculation
    14. Existing Non-Residential Use
    15. Governmental
    16. Industrial
    17. Landscaping
    18. Master Meter
    19. Mixed Use
    20. Non-Residential
    21. On-Site
    22. Permanent Abandonment of Use
    23. Potable
    24. Public
    25. Regional Average Methodology
    26. Special Circumstances with Substantial Uncertainty
    27. Ultra-Low Consumption Appliance Credit
    28. Undue Hardship
    29. Use
    30. Vacant Lot
    31. Water Credit
    32. Water Entitlement
    33. Water Permit
    34. Water Permit Approval Stamp

 

RECOMMENDATION:  The Water Demand Committee should discuss the proposed rule changes and provide feedback to staff.   

 

BACKGROUND:  The proposed ordinance is the result of staff having identified a number of permitting practices and policies that require clarification before the completion of the Policies and Procedures Manual.  Before the manual can be completed, staff is requesting a number of policies, procedures, and practices be incorporated into the rules and regulations to allow consistency in application.  Staff also plans to get input from the TAC on draft text changes. 

 

EXHIBITS

2-A      Proposed changes to Rule 23.

2-B      Proposed changes to Rule 24.

2-C      Current Rule 23

2-D      Current Rule 24

 

 

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