CITY COUNCIL STAFF REPORT
MEETING DATE: August 5, 2015
PREPARED BY: Anthony Eulo, Program Administrator/Community Services
APPROVED BY: City Manager
Title
REVISIONS TO WATER WASTE ORDINANCE
END
RECOMMENDATION(S)
RECOMMENDATION
1. Waive First and Second Reading of the Ordinance; and
2. Introduce Ordinance.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Enhancing public safety
Protecting the environment
2015 Focus Areas
Participate in Regional Issues
Impacts of Drought Conditions
REPORT NARRATIVE:
The City last updated its water waste ordinance in 2009. Based on a regional model, the current ordinance establishes permanent restrictions on wasteful water use and details actions the City will take during times of water shortages. While the ordinance has served the City well and enabled the City to meet and exceed water conservation goals, there are refinements which could strengthen the ordinance, eliminate inappropriate restrictions, or clarify its intent.
Attached is a redline version detailing the proposed changes to the ordinance. The major revisions are:
1. Expanding the ordinance to include all potable water used in the City, not just the water delivered by the City’s water system, since water pumped by private wells is drawn from the same aquifer;
2. Fine tuning the restrictions on pool construction to require the provision of covers with all new pools, require all new pools to be covered during Level 2 water shortages, and delaying restrictions on pool construction until a Level 3 water shortage is declared. This reflects the fact that covered pools do not consume substantial amounts of water and are not a major driver of water demand;
3. Requiring the use of recycled water for dust control when recycled water is available within five miles of a construction site in order to minimize the use of potable water for this purpose while not requiring an excessive consumption of fuel and generation of air pollution in order to do so;
4. Excluding bicycles and motorcycles from the prohibitions on vehicle washing since it is not practical to bring these vehicles to a commercial car wash; and
5. Prohibiting the use of water slides and water play features that do not re-circulate water during Level 2 conditions since the use of water in these devices during a drought is inconsistent with other City rules and restrictions.
The other changes proposed are either clerical corrections, minor clarifications or fine tuning that better communicate the intent of the language, or changes made to reflect the City’s personnel and operational practices.
COMMUNITY ENGAGEMENT: Inform
City staff actively informed private well owners about the proposed change via a letter which notified them about the proposed change and invited them to contact staff to ask questions or attend a meeting convened specifically on this topic. At the meeting, which was held on July 23, staff explained the proposed changes and answered questions about how enforcement will occur. Concern was expressed by meeting attendees that the City should restrict development and pool construction now rather than restrict how private well owners can use the water they pump. Another concern raised is that the ordinance may prove to be a disincentive to private well owners who were already voluntarily reducing water consumption. City staff also communicated with a local pool company to inform them about the proposed changes. They supported the proposed changes.
City staff will notify any parties affected by the Council’s action, as necessary, based on the Council’s decision.
ALTERNATIVE ACTIONS:
The Council could elect to take no action on these proposed changes, could eliminate some of the proposed revisions, and/or could add additional revisions to the ordinance. These changes to the proposed revisions could result in more or less water conserved depending on their structure and content.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City’s current ordinance was adopted in 2009. The Council received a Comprehensive Water Report on April 1, 2015 which briefly discussed some of the revisions proposed and the Council directed staff to return to the Council with proposed revisions.
FISCAL AND RESOURCE IMPACT:
Water waste reporting and enforcement activities are supported by the City’s Water Fund. These activities are included in the work program of the Community Services and Public Works Departments and no budget adjustment is requested.
CEQA (California Environmental Quality Act):
Categorical Exemption
This Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b)(4) and the California Environmental Quality Act Guidelines Section 15269(c).
LINKS/ATTACHMENTS:
1. Redline Changes
2. Ordinance