EXHIBIT 3-A
PRELIMINARY DRAFT
September 25, 2012
ORDINANCE
NO. 155
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
MODIFYING THE DEFINITION OF REDEVELOPMENT
PROJECT
1. The Water Management
District is charged under the Monterey Peninsula Water Management District Law
with the integrated management of the ground and surface water resources in the
Monterey Peninsula area.
2.
The Water Management District has general and specific power to cause
and implement water conservation activities as set forth in Sections 325 and
328 of the Monterey Peninsula Water Management District Law.
3.
District Regulations, set forth at Rule 25.5, allow Water Use Credits
to be created, but limit their use on the originating site to a term not to
exceed ten (10) years. Rule 25.5 was originally added to the District Rules and Regulations by
Ordinance No. 60 (6/15/92) and was thereafter amended by Ordinance No. 64
(10/05/92) and by Ordinance No. 71 (12/20/93).
4.
Ordinance No. 121, adopted on August 15, 2005, modified District Rule
25.5 to extend the expiration limit when a Water Use Credit was associated with
a Redevelopment Project Site pursuant to California’s Community Redevelopment
Law.
5.
Ordinance No. 121 was enacted to facilitate Redevelopment Project
planning and implementation.
Redevelopment Project approval, land acquisition and financing processes
were often complex, and the time required to implement a Redevelopment Project
often exceeded the ten (10) year limit set forth in Rule 25.5. A Jurisdiction undertaking a Redevelopment
Project facing such limits had to transfer the Water Use Credit (pursuant to
Rule 28) to its Allocation in order to enable re-use on the affected site. This mechanism was cumbersome and afforded no
practical advantage.
6.
Assembly Bill (AB) 1X 26 abolished redevelopment agencies as of February
1, 2012, and set up a mechanism to shift the redevelopment taxes back to the
cities, counties, schools and others.
34172. (a) (1) All redevelopment agencies and
redevelopment agency components of community development agencies created under
Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section
34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with
Section 34100) that were in existence on the effective date of this part are
hereby dissolved and shall no longer exist as a public body, corporate or
politic.”
7.
On December 29, 2011, the California Supreme Court upheld AB 1X 26. The court gave local redevelopment agencies
an extra four months (until February 1, 2012) to meet their obligations before being
abolished.
8.
As of February 1, 2012, “Redevelopment Project” under District Rule 11
no longer has meaning, because the agency undertaking such project, per H&S
Code 33010, no longer exists as a public body pursuant to a California Supreme
Court ruling.
9.
Although the agency has been abolished, redevelopment of previously
identified Sites continues to be a high priority by the Jurisdictions. There exist areas that constitute physical
and economic liabilities, requiring redevelopment in the interest of the
health, safety, and general welfare of the people of these communities.
10.
The Cities of Monterey, Seaside and Sand City have Redevelopment
Project Sites identified prior to AB 1X 26.
11.
The Cities of Monterey and Seaside have Water Use Credits that will
expire after ten years without adoption of the change proposed in this
ordinance.
12.
The amendment of the definition of Redevelopment Project to accommodate
an extension of Water Use Credits at Redevelopment Project Sites identified
prior to AB 1X 26 is consistent with the original intent of Ordinance No. 121,
which was to facilitate Redevelopment Projects without going through the process
of transferring Water Use Credits to a Jurisdiction.
13.
This ordinance was processed under a Negative Declaration under the
California Environmental Quality Act (CEQA).
14.
This ordinance shall amend and republish the Rules and Regulations of
the Water Management District.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall be known as the 2012 Redevelopment
Project Water Credit Ordinance of the Monterey Peninsula
Water Management District.
Section Two: Purpose
This ordinance amends the
definition of Redevelopment Project to recognize the effect of Assembly Bill
(AB) 1X 26 to abolish redevelopment agencies.
The ordinance does not modify the original purpose, which was to allow
the extension of on-site Water Use Credits for Redevelopment Project Sites designated pursuant to
the former Community Redevelopment Law (California Health and Safety Code,
section 33000, et seq.). The ten (10) year limit for such projects may be extended twice, in
five (5) year increments, to afford a maximum period of twenty (20) years to
use on-site Water Use Credits in connection with a Redevelopment Project, as
that term is defined by MPWMD.
Section
Three:
Amendments
to Rule 11
The definition of the term
“Redevelopment Project” shall be amended as shown in bold italic type face,
and deleted language shown in strikeout type face.
REDEVELOPMENT PROJECT SITE – “Redevelopment Project Site”
shall mean a any undertaking redevelopment Site identified as
such on a map or survey prepared by the Jurisdiction prior to February 1, 2012
in accord with the Community Redevelopment Law, found at California
Health and Safety Code,
section 33000, et seq. This term shall
be given the same meaning as the term “Redevelopment Project” set forth in
section 33010 of that Code.
Section Five: Publication and Application
The provisions of this
ordinance shall cause the republication and amendment of the permanent Rules
and Regulations of the Monterey Peninsula Water Management District.
This ordinance shall take
effect at 12:01 a.m. on the 30th day after it has been enacted on second
reading.
This Ordinance shall not
have a sunset date.
Section Seven: 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.
On motion by Director Pendergrass, and second by Director Edwards, the foregoing ordinance is adopted upon this ___ day of _____, 2012 by the following vote:
AYES:
NAYS:
ABSENT:
I, David J. Stoldt, 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 _____ 2012.
Witness my hand and seal of the Board of Directors this ____ day of ____ 2012.
David
J. Stoldt, Secretary to the Board
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