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HomeMy WebLinkAboutRES NO 192-92 RESOLUTION NO. 192-92 RESOLUTION MAKING FINDING AS REQUIRED BY ASSEMBLY BILL 325 THAT A WATER EFFICIENT LANDSCAPING ORDINANCE IS NOT NECESSARY. WHEREAS, the State of California adopted the Water Conservation in Landscaping Act (Act), (Assembly Bill 325 (1990)), requiring that by January 1, 1993, local agencies adopt a water efficient landscape ordinance or adopt a resolution making findings which are based on specified factors, that no ordinance is necessary; and WHEREAS, if neither an ordinance nor resolution is adopted, the model ordinance prepared by a State appointed task force shall take effect and shall be enforced by the local agency as if adopted by the local agency; and WHEREAS, the "Act" requires the local agency to file with the Department of Water Resources, no later that January 31, 1993, a copy of the adopted water efficient landscape ordinance or the resolution making findings which state that no ordinance is necessary; and WHEREAS, a report entitled, "Report in Response to AB 325: Water Efficient Landscaping and Water Conservation," ("Report") attached hereto as Exhibit "A", has been prepared to include supporting evidence that the operations of local water purveyors and the City's current ordinances, policies, standards and practices provide for adequate water efficient landscaping, water conservation, and water availability; and WHEREAS, the operations of local water purveyors and the requirements of the City meet or exceed the provisions considered in the model ordinance prepared by the State appointed task force; and WHEREAS, local geologic conditions allow water purveyors to operate and maintain on-going and effective groundwater recharge to the aquifer and water supply system; and WHEREAS, it is estimated that only 0.3% of the total amount of urban (non-agricultural) water usage is for landscaping; and WHEREAS, voluntary water conservation programs have been successful in reducing water wastage; and WHEREAS, adoption of a separate water efficient landscape ordinance would be unwarranted because it would not significantly improve water efficient landscaping; and WHEREAS, the "Reporf' (Exhibit "A") recommends amendments to existing ordinances, policies and standards which may further enhance water efficient landscaping and conservation; and WHEREAS, current policies, ordinances, standards and practices meet the goals of water efficient landscaping as intended by Assembly Bill 325; and WHEREAS, the City Council desires to adopt a resolution making findings that a water efficient landscape ordinance is unnecessary based on the evidence contained in the "Report" (Exhibit "A"), which substantiates adequate water supplies, successful groundwater recharge facilities, and existing water efficient landscaping and water conservation requirements. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. Adoption of a water efficient landscape ordinance is unnecessary because water availability is projected to meet current and future needs of the City. 3. Adoption of a water efficient landscape ordinance is unnecessary because local geologic conditions which allow for on-going and effective groundwater recharge and water storage facilities, such as the 2800 Acre groundwater recharge area, provide for current and future water needs. 4. Water used for landscaping purposes is estimated to be only a small percentage of the total amount of water usage in Bakersfield. 5. The "Report In Response To AB 325: Water Efficient Landscaping and Water Conservation", attached hereto as Exhibit "A", provides evidence that the City's ordinances, resolutions, standards and policies meet the intent of AB 325 (1990), 6. Implementation of the recommended actions may further promote water efficient landscaping and water conservation. 7. This project is exempt from CEQA in accordance with CEQA Section 15061(b)(3). 2 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held ~OCT 2 1 1997. by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, P~TERSON, McDERMOTT. SALVAGGIO No,'~ NOES; COUNCILMEMBERS: ABSENT COUNCtLMEMBERS: ~o/uE ABSTAIN: COUNCILMEMBERS /V~N~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~g_~ 2 :t 1992 VICE - MAYOR of the City of Bakersfield APPROVED as to form: L~WRENCE M.~L NARDINITM CITY ATTORNEY of the City of Bakersfield res\v~vel.cc ORIGINAL EXHIBIT "A" REPORT IN RESPONSE TO AB 325: WATER EFFICIENT LANDSCAPING AND WATER CONSERVATION Prepared by: City of Bakersfield Planning Department 1501 Traxran Avenue Bakersfield, CA 93301 (805) 326-3733 Contributing Departments: Parks Division, City of Bakersfield Public Works Department, City of Bakersfield Water Resources Department, City of Bakersfield September 25, 1992 ORI(~INAL I_. INTRODUCTION. The purpose of this report is to provide documentation and analysis to substantiate the City of Bakersfield's compliance with of "AB 325: Water Efficient Landscaping Ordinance" (attached) by adopting a resolution making findings that a water efficient landscape ordinance is unnecessary (Option "A" listed below). AB 325 requires the city to adopt an ordinance or resolution to address the efficient use of water in landscaping by complying with one of the two options as specified below: By January 1, 1993, the city must either: Adopt a resolution making findings based on specified climatic, geological or topographical conditions, or water availability that no such ordinance is necessary; or B. Adopt its own water efficient landscaping ordinance. If the city does not take any action, the model ordinance prepared by the State Department of Water Resources task force shall take effect as if adopted by the city. To the extent feasible, the local ordinance shall consider the provisions of the model ordinance prepared by the State's advisory task force. The model ordinance contains provision to consider nine water conservation provisions listed in AB 325. The model ordinance is not suited to the Bakersfield area because of its complex climate and hydrological computation. It is based on evaportranspiration rate (ET) and relationship to local climate, plant ET, soils and watering schedules. Ordinance compliance by developers and enforcement by the city is expected to result in increased design and labor costs, while not significantly reducing water wastage. II_:. ANALYSIS. A. WATER AVAILABILITY. Most of the water supply for the city is delivered from groundwater wells, treated surface water from Improvement District Number 4 (ID4) using imported water from the California Aqueduct or Kern River. The local aquifer yields are good and are readily recharged by percolation in the Kern River channel, 2,800 acre recharge facility and by other programs. The 2,800 acre recharge operation has been successful in percolating and storing for later use, excess water from the Kern River and other waters. There is a balance of more than 260,000 acre-feet of water available for extraction and use by the city. The city owns Kern River water and reservoir rights and presently has contractual commitments for this water. However, at the end of the contract periods, the city has an option on determining the use of this water for the benefit of the citizens of the city. ORIGINAL AB 325 Water Efficient Landscaping Report Page 2 Based on water service capability reports of local water purveyors, it is expected that there will be no deficiencies in water supplies to the city for at least the next 20 years. As the city grows, adequate water will be available through groundwater extraction, ID4 and other methods. Extended drought is expected to have a minimal affect on the ability to meet demands for water service in the city. Imported water supplies coordinated with the Kern County Water Agency, active groundwater recharge facilities, and other water storage and conservation programs will be adequate to meet foreseeable demands. WATER USAGE IN URBAN LANDSCAPING. Based on water usage records of local water purveyors, it is est'unated that only 0.3% of the total urban (non-agricultural) water use in the City of Bakersfield is used to irrigate urban landscaping. The city's ongoing water efficient and water conservation practices have effectively reduced water wastage in landscape irrigation. It is likely that adoption of a water efficient landscape ordinance shnilar to the model ordinance prepared by the State's task force would be costly and difficult to implement for this region, and would not be significantly more effective than the city's current requirements and practices. The city's current ordinance and policy requirements, standards and practices meet all the provisions considered in the State's model ordinance. In addition, the city may consider slight revisions to existing city requirements which may enhance local water conservation efforts. WATER EFFICIENT LANDSCAPING AND WATER CONSERVATION METHODS CURRENTLY ADOPTED AND IMPLEMENTED Bakersfield Municipal Code. The following lists the existing water conservation measures codified in the Bakersfield Municipal Code. a. Title 12, Chapter 12.28, Water in Gutters or Sidewalks. · Section 12.28.010 Hose or water pipe on public way unlawful. · Section 12.28.020 Water on sidewalks unlawful - Exception. · Section 12.28.030 Allowing irrigation water to overflow into gutters unlawful. · Section 12.28.040 Duty to turn off water before it overflows into gutters. ORIGINAL AB 325 Water Efficient Landscaping Report Page 3 Title 14, Chapter 14.04, Water Service. · Section 14.04.270 Service connections, meters and customers' facilities Right of access to customers' premises. · Section 14.04.300 Service connections, meters and customers' facilities Water wastage. Title 15, Section 15.12, Uniform Building Code. · Section 15.12 Building Code. Includes California Administrative Code Title 24 relating to energy conservation, such as use of low-flow showerheads, lavaton and sink faucets. · Section 15.38, Water Meters. All new structures within the city which are connected to a water service shall be equipped with a water meter. Title 17, Section 17.53, Site Plan Review. · Section 17.53.061 Landscape Standards. Water Mainline Extension Contracts. The city offers Mainline Extension Contracts to developers for extending city facilities to new developments. The contracts are patterned after Rule 15 of the California Public Utilities Commission. The rule and the city's contract requires water conservation provisions for interior plumbing. City Water Main Specifications. City standards for water main installations on the city system require pressure and leak testing before acceptance by the city. Policies and City Standards. 2010 General Plan Conservation Element/Water Resources goals, policies and implementation measures address water supplies, availability, efficient usage, groundwater recharge, conservation, and quality. ORIGINAL AB 325 Water Efficient Landscaping Report Page 4 do Planning Commission Wall and Landscape Policy Resolution. The Planning Commission has adopted policies for wall and landscaping in parkways and street median islands and parkways. Policies provide for appropriate use of plant material and design for the local topographic and climatic zones, and water efficient design. City Standards. The Public Works Department and Parks Division have prepared design, construction, installation and maintenance standards for median island and parkway landscaping to provide public information and ensure quality workmanship and consistency with city policies, which include water efficiency and conservation methods. City Maintained Landscaping. All new parks, median islands, parkway landscaped areas, and other landscaped areas maintained by the city have a well-balanced plant material composition and automatic irrigation system designed by a landscape architect or other competent person, and shall be operated by electronic tune controller set for maximum water efficiency and conservation. City Internal Water Conservation Measures. The city has implemented operational procedures and practices to achieve water conservation and manage its water supply. Public Awareness and Information Programs. Local water purveyors have several methods to provide for public awareness and information programs on water conservation. They include: Water Wastage Patrol Program. Field personnel looking out for waste water and investigates complaints received from the public on water wastage. The patrol visits locations reported or observed to be water wasteful, meets with public and offers assistance or advice to eliminate water wastage problem. "Waste of Water Notices" doorknob hangers used when there is a display of outside waste water. Notices include tips to conserve water inside and outside the home. · Distributing water saving kits to customers. ORIGINAL AB 325 Water Efficient Landscaping Report Page 5 Water conservation brochures distributed to customers as handouts at local business offices, schools and government agencies. · Water conservation bill inserts. Periodic publicity releases and advertising in local media promoting water conservation. · Postage message on outgoing bills. Detailed summary of customer's water usage appears on water service bills, allowing customers to monitor their water usage and water conservation efforts. III. RECOMMENDED CHANGES TO ENHANCE WATER EFFICIENT LANDSCAPING AND WATER CONSERVATION PRACTICES Although existing ordinances, resolutions and policies meet the water efficient landscaping and conservation provisions of AB 325, the following recommended changes to existing ordinances, resolutions and policies may further enhance water efficient landscaping and conservation in the city. ho Amend BMC Chapter 12, Streets, Sidewalks and Public Places, to restrict or prohibit fresh water bodies, fountains and water elements where excessive amounts of water are sprayed into the air. Amend BMC Chapter 17, Zoning Code, landscaping requirements for new non-residential development to provide for more water conserving landscaping, such as use of drought tolerant plants, limitation on amount of "water thirsty" turf, seasonal irrigation schedule or improved design. City may also amend code to require architect, contractor and/or property owner to sign certification attesting that the landscape meets the city's water efficient requirements and landscaping has been installed in accordance with approved plans. Amend Planning Commission resolution regarding landscaping policies for median islands parkways along new subdivisions to reflect the revisions noted in "B" above. Do Amend Public Works construction and installation design standards for city maintained landscaping to reflect "B" above. ORIGINAL AB 325 Water Efficient Landscaping Report Page 6 IV. FINDINGS. Adoption of a water efficient landscape ordinance is unnecessary because water availability is projected to meet the future needs of the city. Adoption of a water efficient landscape ordinance is unnecessary because local geologic conditions which allow for on-going and effective groundwater recharge and water storage facilities, such as the 2800 Acre groundwater recharge area, provide for current and future water needs. Water used for landscaping purposes is estimated to be only a small percentage of the total amount of water usage in Bakersfield. The "Report In Response To AB 325: Water Efficient Landscaping and Water Conservation" provides evidence that current city's ordinances, resolutions, standards and policies meet the intent of AB 325 (1990), Implementation of the recommended actions may further promote water efficient landscaping and water conservation. RECOMMENDED ACTION. p:ab325.sr Motion to adopt resolution, making findings listed in the "Report In Response To AB 325", that a water efficient landscape ordinance, as prescribed by AB 325, is unnecessary, and transmit said resolution to the State Department of Water Resources no later than January 31, 1993. Direct staff to proceed with the implementation of the recommendations in this report. OFUGI~,IAL Assembly Bill No. 325 CHAPTER 1145 An act to add Article 10.8 (commencing with Section 65590) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to water conservation. [Approved by Governor September 20, 1990. Filed with Secretary of State September 21, 1990.] LEGISLATIVE COUNSEL'S DIGEST AB 325, Clute. Water conservation: landscaping ordinance. (1) Under existing law, local agencies are not required to adopt ordinances concerning landscape water conservation. This bill would require the Department of Water Resources b February 1, 1991, to appoint an advisory task force to work with the department in the drafting of a model water efficient landscape ordinance and to submit the recommended ordinance to the department by May 1, 1991. The b~ll would require the department by January 1, 1992, after holding a public hearing, based on recommendations of the task force, to adopt a model local water efficient landscape ordinance which each local agency, as defined, may adopt. The bill would provide that ff any local agency has not adopted a water landscape ordinance or findings, based on specified factors, that no ordinance is nec"-~-~sary, by January 1,1993, the model ordinance shall take effect and shall be enforced by that local agency and have the same force and effect as ff adopted by that local agency. The bill would require each local agency, not later than January 31, 1993, to file with the deparhnent a copy of the water efficient landscape ordinance adopted, or the findings which state that no ordinance is necessary, thereby imposing a state-mandatod local program. The bill would require the department to report to the Legislatur, on the status of these local ordinances by July 1, 1993. The bill would require the model ordinance to contain specified provisions and would specify related matters. The bill would make legislative findings and declarations and would declare legislative intent. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State o£ CMifornia do enact as £ollows: Cli. 1145 --2-- SECTION 1. Article 10.8 (commencing with Section 65590) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10.8. Water Conservation in Landscaping 65590. This article may be cited and shall be known as the Water Conservation in I~ndscaping Act. 65591. The Legislature finds and declares all of the following: (a) The waters of the state are of limited supply and are subject to ever increasing demands. (b) The continuation of California's economic prosperity is dependent ou adequate supplies of water being available for future (c) It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable (d) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development. (e) Landscape design, installation, and maiutenance can and should be water efficient. 65591.5. (a) It is the intent of the Legislature that the Department of Water Resources prepare and promote the use of a model water efficient landscape ordinance which local agencies may adopt. (b) It is the intent of the Legislature that the Department of Water Resources adopt a model water efficient landscape ordinance based on recommendations from a task force representing the landscape, water, and building industries, local agencies, and others. (c) It is the intent of the Legislature that the task force reach general agreement on those provisions which will be included in the model water efficient landscape ordinance. (d) It is the intent of the Legislature that the task force consider the most recent information on efficient landscape irrigation technologies and those elements of existing water efficient landscape ordinances which have proven successful in reducing water consumption. (e) It is the intent of the Legislature that the model water efficient landscape ordinance developed pursuant to this article promote the most efficient use of water in the landscape while respecting the economic, environmental, aesthetic, and lifestyle choices of individuals and property owners. 65592. Unless the context requires otherwise, the definitions used in this section govern the construction of this article: (a) "Department" means the Department of Water Resources. --3-- Ch. 1145 (b) "Local agency" means any city, county, or city a~;O county. (c) "Water efficient landscape erdinance' means an ordina~ce or resolution adopted by a local agency to address the efficient use of water in landscaping. 65593. Not later than February 1, 1991, the department shall appoint an advisory task force to work with depm tment staff in the drafting of a model water efficient landscape ordinance. The task force shall consist of the following members: (a) One member selected from a list provided by the League of California Cities. (b) One member selected from a list provided by the County Supervisors Association of California. (c) One member selected from a list provided by a recognized professional association in California representing water agencies. (d) One member selected from a list provided by a recognize · association in California represen~ng commercial builders. (e) One member selected from a list provided by a recognized professional association in California representing residential builders. (f) One member representing a nonprofit environmental protection organization or a water conservation organization whose principal purpose includes promoting the efficient use of water or water conservation. (g) One member selected from a list provided by a recognized professional association in Galffornia representing the nursery industry. (h) One member selected from a list provided by a recognized professional association in California representing landscape contractors. (i) One member seJected from a list provided by a recognized professional association in California representing landscape architects. O) One member selected from a list provided by a recogn/zed professional association in California representing the manufactur~ or designers of irrigation equipment. (k) One member representing the Green Industry Council o£ Callfernia. (l) One member selected from a list provided by a recognized association in California representing the growers or producers of turf grass. (m) One member selected by the Director of Water Resources. Membership of the task force shall, to the extent practicable, be representative of the state's cultural, racial, and ethnic diversity and gender balance. All meetings of the task force shall be subject to Article 9 (commencing with Section 111~0) of Chapter 1 of Part I of Division 3 of Title 9. of the Government Cede. The Legislature declares that some individuals appointed as Ch. 1145 --4-- members of the task force must be chosen as representatives of the industries and professions impacted by local water conservation ordinances, and that their representation of these industries and professions does serve the general public interest as they have unique information, expertise, and experience on the issue of water conservation and landscaping that should be taken.into consideration by the department as it considers the development of model water conservation ordinances. Therofore, for purposes of persons who hold this office, the industries and professions which are represented on the task force constitute the public generally within the meaning of Section 87103 of the Government Gode in those decisions impacting these specific industries and pro~Ce~ions, unless the results of their aclions taken as task force members have a material financial eff~ect on these members disting~a~hAble from their el~ect on other memberz of their respective industries and professions generally. The task force shall submit the recommended model local water efficient landscape ordinance to the department on or before May 1, 1991. The department shall adopt a model local water efficient landscape ordinance based on the recommendations of the task force. The task force shall cease to exist on the date the department adopts a model local water efficient landscape ordinance or January 1, 1992, whichever occurs fh-'st. 651f94. (a) Not later than January 1, 1992, after holding a public hearing, the department, based on recommendations of the task force established pursuant to Section 65593, shall adopt a model local water efficient landscape ordinance which each local agency may adopt. (b) In developing the model ordinance, the task force shall recognize and promote the benefits of consistent local ordinances in areas having similar climatic, geological, or topographical conditions. (c) The department shall notify and deliver a copy of the model local water efficient landscape orrlinmlce to the Joint Legislative Budget Committee. The Joint Legislative Budget Committee shall have 60 days to review the model ordinance before it is formally adopted by the department. (d) Not later than January 31, 1992, the department shall distribute the adopted model ordinance to all local agencies and other interested parties. (e) The department shall promote the benefits of censistent local ordinances in areas having similar, climatic, geological, or topographical areas. , 65595. If by January 1, 1993, a local agency has not adopted a water efficient ]sndseape ordinance or has not adopted tindings based on climatic, geological, or topographical conditions, or water availabilio/, which state that a water efficient landscape ordinance is unnecessary, the model water efficient landscape ordinance adopted --5-- Ch. 1145 by the depa~!..~nt pur~,*nt to subdivision (a) of Seetion 65594 shall t~ke edl~ect ou Jenuar,/1, 19~, and .~,~1! be enforced by the local agzuc,~ and have the ~ene force and effect as if' adopted by the local agency. 65~6. To the extent feasible, local agencies that adopt a water efficient landscape ordimmce a~ter the model water efficient landscape ordinance is adopted by the dep~hnent, shall consider the Provisions of the model. 65,~7. The propo~d model ordinance shall contain, but not be limited to, the following: (a) Provisiom for water conservation threugh the appropriate use and groupings of plants that are well adapted to p~dcular sites and to p~rticular cllmAlic, geological, or tupegraphical conditions. The model ordinance shall not prohibit or require specific plant species, but it may include conditions for the use of plant species. However, the model shall not include conditions which have the effect of prohihiting or requiring specffic plant species. (b) Provisions for the use of automalic irrigation systems and seconal irrigation schedules, incorporating water conservation deign ~nd utili~in~ methods appropriate for specific terrains, soll types, wind conditions, temperatures, and other environmental factors, in order to emure a high degree of water efficiency. (c) Provisions for grading and drAinAge to promote healthy plant growth and to prevent excessive erosion and runoff, and the use of mulches in shrub areas, garden beds, and landscaped areas where appropriate. (d) Provisions for the use of reclaimed water supplied through dual distribution systems, if fearible and cost eBk~tive, and subject to appropriate health standards. (e) Provisions to ed~leate water users on the efficient use of water and the benefits of doing so. (0 Provisions addressing regional differences where necessary and feasible, including fire prevention needs. {g) Provisions to exempt landscaping which is part of a registered historical site, where feasible. (h) Provisions for the use of economic incentives to promote the efficient use of water, where feasible. (i) Provisions for landscape maintenance practices which foster long-term landscape water conservation. Landscape maintenance practices may include, but are not limited to, performing routine irrigation system repair and adjustments, scheduling irrigation based on CIMIS (California Irrigation Management Information System), conducting water audits, and prescribing the amount of water applied per landscaped acre. 615598. The proposed model ordinance shali exempt cemeteries from aid provisions of the ordinance except those provisions adopted to ceo_form with subdivisions (e), (h), and (i) of Section 65597. In adopting language specific to cemeteries, the task force shall Ch. 1145 --6-- recognize their special landscape management needs. 65599. Not later than January 31, 1993, each local agency shall file with the department a copy cd' the water efficient landscape ordinance adopted pursuant to Section 65595, or adopted before the effective date of this article, or the findings which state that a water efficient landscape ordinance is unnecessary. Not later than July 1, 1993, the department shall prepare and submit a report to the Legislature sunnnarizing the status of water efficient landscape ordinances adopted by local agencies. 65600. Any actions or proceedings to attach, review, set aside, void, or annul the act, decision, or findings of a local agency on the ground of noncompliance with this article shall be brought pursuant to Section 1085 of the Code of Civil Procedure. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. Notwithstanding Section 17580 of the Government Code, unless othervAse specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. O 86 170