10. CONSIDER FIRST READING OF ORDINANCE NO. 107— RESCINDING ORDINANCE NO. 102 AND REINSTATING RULE 28, WATER USE CREDIT TRANSFERS – AND DISCUSSION OF PROCESS AND SUBSTANCE RELATING TO SUBSEQUENT ORDINANCES CONCERNING WATER USE CREDIT TRANSFERS
Program/Line Item No.: N/A
Staff Contact: Stephanie Pintar Cost Estimate: N/A
General Counsel Approval: Reviewed ordinance text and concurred.
Committee Recommendation: N/A
CEQA Compliance: N/A for adoption of Ordinance No. 107; CEQA process shall apply to any subsequent ordinance concerning water use credit transfers.
SUMMARY: The Board will consider the first reading of Ordinance No. 107, provided as Exhibit 10-A. Ordinance No. 107 rescinds Ordinance No. 102 and reinstates Rule 28, Water Use Credit Transfers. This ordinance is part of a settlement agreement between the District and the Cities of Seaside, Carmel, Del Rey Oaks, Monterey, Pacific Grove and Sand City. The Board may discuss administrative issues pertaining to the reinstatement of Rule 28, and will also discuss changes (if any) that may be made by future ordinance to Rule 28, Water Use Credit Transfers. This discussion should address both the substance of any changes, and the CEQA processes, timeline and budget that may be associated with those changes.
RECOMMENDED ACTION: District staff recommends that the Board hold the public hearing for the first reading of Ordinance No. 107, and also receive comment on possible future change to Rule 28, Water Use Credit Transfers. At the conclusion of the hearing, the Board may (1) determine to pass or reject the Ordinance on first reading, or (2) in the alternative may continue the first reading to a later date. The Board may also (3) provide direction to staff as to the process, substance, budget and timeline relating to subsequent ordinances concerning water use credit transfers. Finally, the Board may provide direction relating to (4) administrative issues pertaining to the reinstatement of Rule 28. If passed on first reading, the ordinance will return to the Board for second reading and adoption at the next regular Board meeting.
BACKGROUND: Ordinance No. 102 was adopted on February 27, 2002.
IMPACT ON RESOURCES: Minimal relating to enactment of Ordinance No. 107. To be determined relating to changes (if any) that may be made by future ordinance to Rule 28, Water Use Credit Transfers.