Item 6: Action: Ordinance on Water Quality Waterways Protections

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·Removal of one taxlot number due to its incorporation into right-of-way acreage; ·Addition of four taxlot numbers due to a portion of public right-of-way being converted into tax- lotted area, but still owned by the public agency; ·Removal of two taxlot numbers that were already affected by the proposal, and replacement with five new taxlot numbers reflecting the partitioning of two larger taxlots into two- and three- parcel partitions and assignment of new taxlot numbers; and ·Removal of two tax lots due to their consolidation into other existing taxlots already affected. All of the changes described above have no net practical effect on the regulated area. The draft Legislative Findings (Ordinance Exhibit D) have been reviewed and updated, given the span of time between the initial discussions regarding this proposal and now, and to reflect modifications to the proposal since the earlier draft. The associated document - “Buildable Lands Impact Analysis Report: Methodology, Results, Conclusions,” has also been updated and is provided for council review in the binder labeled Water Quality Protected Waterways - Supplemental Information (Section XV), located in the Council Offices. RELATED CITY POLICIES The Comprehensive Stormwater Management Plan (CSWMP, adopted by City Council in 1993) addresses the multiple benefits of waterways in Policy 1.1: Incorporate the beneficial functions (flood control, stormwater conveyance, water quality treatment) of natural resources [waterways and 1 wetlands] into the City storm drainage system. One of the Implementation Measures identified to carry 2 out Policy 1.1 is to “Develop and apply waterside protection ordinances.” CITY COUNCIL OPTIONS The council may consider the following options: 1. Adopt the ordinance as provided in Attachment A; 2. Adopt the ordinance with specific modifications as determined by the council; 3. Direct the City Manager to take no further action with respect to this ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the ordinance as presented (Option 1). SUGGESTED MOTION Move to adopt the ordinance as proposed. ATTACHMENTS A. Proposed Ordinance and Exhibits (clean version for 3/9/09 Action) Exhibit A-1. Compact Disc / Water Quality Waterways Map Exhibit A-2. Printed Copy of Water Quality Waterways Map 1 CSWMP, Policy 1.1, p. 3-5. 2 CSWMP, Implementation Measure – Other Action, p. 3-5. Z:\CMO\2009 Council Agendas\M090309\S0903096.doc