FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE
PREPARED FOR
PREPARED BY
SUBJECT
December 3, 2025
Mayor and Town Council
Jeffrey Beiswenger, Planning and Building Services Director Adopt Resolution Authorizing the Town Manager to Enter into a Memorandum of Understanding with the Marin Municipal Water District Regarding Collaboration and Enforcement of Regional Conservation
Programs
RECOMMENDATION
Staff recommends the Town Council adopt the attached resolution with the draft Memorandum of Understanding included as Exhibit A.
DISCUSSION
The most recent update to the State Model Water Efficient Landscape Ordinance (MWELO) was approved by the California Office of Administrative Law on January 2, 2025. All local agencies must adopt, implement, and enforce the MWELO or a local Water Efficient Landscape Ordinance (WELO) that is at least as effective as the MWELO. The purpose of the water efficient landscape ordinance is to increase water efficiency and improve environmental conditions in the built environment. The State model ordinance permits jurisdictions to designate a water purveyor to implement the requirements of the model ordinance. The MWELO was adopted by default if a local agency took no action. Local agencies are required to report to the Department of Water Resources on the implementation and enforcement of their Water Efficient Landscape Ordinance by January 31st of each year.
The Marin Municipal Water District (known as MMWD or Marin Water or District) is the water purveyor for Fairfax. The Water Efficient Landscaping Ordinance adopted by MMWD requires that certain new, remodel and rehabilitation projects that include landscape and irrigation improvements comply with water efficient landscape requirements and monitoring of water usage for consumption. MMWD’s ordinance applies to more projects than what is required in the State model ordinance. For example, the threshold for rehabilitated landscapes is 1,000 square feet in MMWD’s ordinance versus 2,500 square feet in the MWELO. Marin Water most recently updated its water efficient landscaping requirements in 2024.
The requirements in the MWELO go beyond the Town’s ability and staff resources to implement. Like many cities in Marin, Fairfax does not have staff with the technical skills to review landscape and irrigation plans based on a technical formula for allowable water use or to monitor water use for landscaping once installed. Most jurisdictions in Marin also adopted ordinances that designated MMWD to implement, enforce, and monitor the requirements of their Water Efficient Landscape Ordinance.
Prior to 2021, Marin County jurisdictions and MMWD did not have an agreement or Memorandum of Understanding (MOU) formalizing MMWD’s involvement in assisting jurisdictions with their implementation of the MWELO. In 2021, a MOU was developed by MMWD, with input from participating Marin County jurisdictions, to formalize the ongoing regional collaboration between MMWD and the Marin County jurisdictions. The Town previously entered into a MOU with the Marin Municipal Water District in 2021.
The original MOU outlined the roles and responsibilities of each party to the agreement. The agreement formalized that MMWD will continue to complete Landscape Plan Reviews on behalf of local jurisdictions and annually file, on behalf of the jurisdictions, MWELO reporting as required by the State model ordinance. Local jurisdictions committed to notifying applicants of MMWD’s codes, referring all applicable landscape projects to MMWD for review, and ensuring that a project receives approval from MMWD. The MOU included a termination date of December 31, 2025, unless extended by written agreement of the parties before that date.
MMWD has prepared an updated MOU extending the agreement for another five years. The primary changes include removing the graywater ordinance and backflow language and adding references to cross connection and recycled water. The updated MOU is included as Exhibit A to Attachment 1.
FISCAL IMPACT
The Town will be responsible for the costs to complete its share of the work described in the “Roles and Responsibilities” section of the MOU. Collaborating with MMWD on conservation programs results in considerable cost savings to the Town. No additional budget is requested.
ATTACHMENTS
Resolution with the Memorandum of Understanding included as Exhibit A.
Town of Fairfax
Resolution No. 25-xx
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX
AUTHORIZING THE TOWN MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH THE MARIN MUNICIPAL WATER DISTRICT REGARDING COLLABORATION AND
ENFORCEMENT OF REGIONAL CONSERVATION PROGRAMS
WHEREAS, water conservation is an important regional initiative to ensure adequate water supply for current and future generations in Marin County; and
WHEREAS, the State of California (“State”) continues to issue water conservation requirements, including that new development and retrofitted landscapes comply with water efficiency standards governed by the Model Water Efficient Landscape Ordinance (“MWELO”); and WHEREAS, the Marin Municipal Water District (“District”) has codes and ordinances whose effectiveness benefits from coordination with local land use, planning, development, and permitting jurisdictions; and
WHEREAS, local land use planning, development, and permitting jurisdictions include City of Belvedere, Town of Corte Madera, Town of Fairfax, City of Larkspur, City of Mill Valley, Town of Ross, Town of San Anselmo, City of San Rafael, City of Sausalito, Town of Tiburon, and the County of Marin (“Jurisdictions”); and
WHEREAS, Jurisdictions all receive and process applications for land use permits that are potentially subject to MWELO (“Applications”); and
WHEREAS, the State requires all Jurisdictions to adopt, implement, and enforce the MWELO or a more stringent ordinance; and
WHEREAS, the District has the expertise to assist Jurisdictions in complying with water conservation regulations and requirements as they process Applications; and WHEREAS, State water conservation laws require Jurisdictions to annually report to the State regarding implementation and enforcement of the MWELO or a more stringent ordinance; and WHEREAS, Jurisdictions and the District agree that a Memorandum of Understanding shall govern regional collaboration for complying with the State and local water conservation requirements; and WHEREAS, in 2021, the Town of Fairfax entered into a Memorandum of Understanding with the District. The agreement included a termination date of December 31, 2025, unless extended by written agreement of the parties before that date; and
WHEREAS, the updated Memorandum of Understanding, attached as Exhibit A, extends the agreement an additional five years and outlines the roles and responsibilities of both the Jurisdictions and the District.
NOW, THEREFORE, BE IT RESOLVED that the Town Council authorizes the Town Manager to enter into a Memorandum of Understanding with the Marin Municipal Water District regarding collaboration and enforcement of regional conservation programs.
Town of Fairfax
Resolution No. 25-xx
The foregoing Resolution was duly passed and adopted at a meeting of the Town Council of the Town of Fairfax held in said Town on the 3rd day of December, 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
LISEL BLASH
MAYOR
ATTEST:
_________________________________
CHRISTINE FOSTER
DEPUTY TOWN CLERK