MPWMD BOARD MEETING--MARCH 18, 2013--ITEM 12--CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 155 – MODIFYING THE DEFINITION OF REDEVELOPMENT PROJECT SITE AND AMENDING RULE 25.5-D

ITEM:		PUBLIC HEARING

12.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 155 – MODIFYING THE DEFINITION OF REDEVELOPMENT PROJECT SITE AND AMENDING RULE 25.5-D

Meeting Date:			March 18, 2013	Budgeted:	N/A

From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:

Prepared By:			Stephanie Pintar	Cost Estimate:	N/A

General Counsel Review: N/A
Committee Recommendation: Referred to Board by Water Demand Committee. Technical Advisory Committee (TAC) recommended approval on October 9, 2012
CEQA Compliance: Negative Declaration

SUMMARY: Ordinance No. 155 (Exhibit 12-A) amends the District’s definition of Redevelopment Project to recognize the effect of Assembly Bill x1 26 (AB 26) to abolish redevelopment agencies. The ordinance also amends MPWMD Rule 25.5-D to allow two extensions of Water Use Credit at former Redevelopment Projects when the credit was documented prior to February 1, 2012 (i.e., prior to AB 26). There are three Jurisdictions within the MPWMD (the cities of Monterey, Sand City and Seaside) that had Redevelopment Agencies prior to AB 26. The very limited scope of this ordinance applies only to a Water Use Credit that was documented before February 1, 2012. The board considered a similar ordinance in October 2012.

The Initial Study and Notice of Intent to Adopt a Negative Declaration for this ordinance was circulated for 30 days between January and February 2013. One comment, from the legal representative of Save Our Carmel River and The Open Monterey Project, was received and provided in the February 2013 Board packet. In response, the Board approved an amendment to Rule 25.5-D to delete the word “site” as part of its approval of first reading on February 27, 2013.

As part of the Initial Study, MPWMD reviewed its records to identify the amount of Water Use Credit that would be affected by Ordinance No. 155. The ordinance applies only to Water Use Credits that were documented (i.e., “on the books”) before February 1, 2012, in known Redevelopment Project areas. These areas are located in the City of Sand City, the City Center and West Broadway Urban Village Specific Plan areas in Seaside, and the Cannery Row, Custom House, and Greater Downtown Redevelopment Areas in the City of Monterey. This process identified approximately 40 acre-feet (AF) of Water Use Credit^{^[1]} that could potentially be extended by this project, mostly originating from former Non-Residential businesses.

Adoption of a Negative Declaration (Exhibit 12-B) is required prior to adoption of the ordinance. Staff believes a Negative Declaration is suitable for this project given the limited quantity of credit that is affected by the action.

RECOMMENDATION: The Board should receive public comment and consider adoption of the Negative Declaration and adoption of Ordinance No. 155.

IMPACT ON STAFF/RESOURCES: None. The Cities of Monterey, Seaside and Sand City will be paying the cost of filing the CEQA notice.

EXHIBIT

12-A Draft Ordinance No. 155

12-B Negative Declaration

U:\staff\Boardpacket\2013\20130318\PubHrng\12\item12.docx

^{^[1]} The investigation of documented Water Use Credit involved reviewing correspondence, property files, and information compiled from the current MPWMD database system.