CITY COUNCIL STAFF REPORT
MEETING DATE: September 2, 2015
PREPARED BY: Angie Garcia, City Council Services Assistant/Administrative Services
APPROVED BY: City Manager
Title
ADOPT ORDINANCE 2159, NEW SERIES AN ORDINANCE OF THE CITY OF MORGAN HILL AMENDING SECTIONS, 13.04.330 (WASTING OF WATER) AND 13.04.390 (ENFORCEMENT) OF CHAPTER 13.04 (WATER SYSTEM) OF TITLE 13 (PUBLIC SERVICES), AMENDING REGULATIONS PROHIBITING NONESSENTIAL USE OF POTABLE WATER
END
RECOMMENDATION
RECOMMENDATION
Waive the reading, Adopt Ordinance No. 2159 New Series, and Declare that said title, which appears on the Agenda, shall be determined to have been read by Title and further reading waived.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Enhancing Public Safety
Protecting the Environment
2015 Focus Areas
Participating in Regional Issues
Impacts on Drought Conditions
REPORT NARRATIVE:
On August 5, 2015, the City Council Introduced Ordinance No. 2159 New Series, by the Following Roll Call Vote: AYES: Carr, Constantine, Librers, Siebert, Tate; NOES: None; ABSTAIN: None; ABSENT: None.
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.
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:
Ordinance 2159