PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.E
SUBJECT/TITLE:
DECLARATION OF A CRITICALLY RESTRICTED WATER SUPPLY CONDITION;
URGENCY ORDINANCE ENACTING A MORATORIUM ON NEW NATURAL TURF
RECOMMENDATION:
1. Adopt a Resolution declaring a Critical Water Supply condition;
2. Adopt an Urgency Ordinance amending Chapter 15.48 of the City of Pismo Beach Municipal Code to Suspend Irrigated Turf Allowances under the City’s Water Efficient Landscaping Ordinance
BACKGROUND:
On November 16, 2021 staff provided an update to the City Council on the City’s water supply and committed to return to the Council at the second meeting every other month to provide an update on the City’s water supply.
The staff report for that meeting can be found in the Access Pismo online public records portal1 or by scanning the QR Code at right.
In response to the worsening drought, the City Council has taken actions to protect the City’s water supply and to encourage conservation. On June 1, 2021, the City Council declared a Moderately Restricted Water Supply Condition via Resolution R-2021-049, and then on January 18, 2022 the City Council declared a Severely Restricted Water Supply Condition via Resolution R-2022-004.
On May 3, 2022 staff updated the City Council on the Northern Cities Management Area Annual Report, the continuing drought and the City’s water supply conditions. At that meeting, the City Council directed staff to return on May 17, 2022 with a Resolution declaring a Critical Water Supply Condition, as well as the legislative measures necessary to allow the Council to consider enacting extended hours during which outdoor irrigation is prohibited; a mandate that water leaks be repaired within 72 hours of notification by the City; and a prohibition on new lawns in the City. In addition, the Council directed staff to explore options for enhanced community outreach relating to water conservation, particularly with the lodging community; as well as incentivization of participation in the City’s water conservation rebate programs, and return to the Council with more information.
Resolution Declaring Critical Water Supply Condition
Section 13.24.060 of the City’s municipal code, which defines a Critical Water Supply Condition, states “In addition to the conditions specified in Section 13.24.050, the city council may impose any water rationing requirement as it deems appropriate to protect
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=362819&dbid=0&repo=Laserfiche
12.E-1Council Agenda 5-17-2022
public health, safety, welfare, comfort and convenience.” The water use restrictions in section 13.24.050 are:
A. Use of water which causes runoff onto adjacent properties, non-irrigated areas, private and public walkways, roadways, gutters, parking lots, or structures is prohibited.
B. Outdoor water use for washing vehicles, boats, paved surfaces, buildings, and other similar uses shall be attended and have hand-controlled water devices, which shut off the water immediately when not in use.
C. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except as found necessary by the city to protect the public health or safety.
D. Outdoor irrigation
1) Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m. 2) Applying water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.
3) Irrigation of private and public landscaping, turf areas and gardens is permitted at even-numbered addresses only on Mondays and Thursdays, and at odd-numbered addresses only on Tuesdays and Fridays. All customers are directed to use no more water than necessary to maintain landscaping.
E. Restaurants shall serve drinking water only in response to a specific request by a customer.
F. Using water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.
G. Use of potable water for compaction or dust control purposes in construction activities is prohibited.
H. Emptying and refilling swimming pools and commercial spas is prohibited except to prevent structural damage and/or to provide for the public health and safety.
The Resolution provided as Attachment 1, if adopted, would enact a Critical Water Supply Condition, and enact the following additional water policy provisions:
Extending the prohibited hours for outdoor irrigation from 10 a.m. to 4 p.m. to 8 a.m. to 6 p.m.
Mandate that all water leaks be repaired within 72 hours of notification by the City.
In addition, an Urgency Ordinance has been provided as Attachment 2, should the Council wish to enact a prohibition on the installation of new natural turf in Pismo Beach, discussed further in the next section.
Urgency Ordinance Enacting Natural Turf Prohibition
During discussion at the May 3, 2022, members of the Council expressed an interest in potentially eliminating new turf installations due to the ongoing drought restrictions. The Municipal Code requires each lot in the City to maintain a specific amount of site area for landscaping. Specific requirements associated with landscape installation are referenced as part of the City’s adoption of the State Model Water Efficient Landscape Ordinance
12.E-2Council Agenda 5-17-2022
(MWELO) in Chapter 15.48 of the Municipal Code. In order to provide the Council with the option to prohibit new turf installations, staff developed an Urgency Ordinance to supersede the allowances for irrigated turf outlined in the MWELO and prohibit irrigated turf for all new development (Attachment 2). Additionally, the Urgency Ordinance clarifies that artificial turf meets the landscaping requirements of the Municipal Code so long as the artificial turf is installed in a manner that allows appropriate water infiltration based on the site’s soil conditions.
As an urgency measure, the Ordinance would require a supermajority (4/5) vote in order to pass, and if adopted, would become effective immediately, and would remain in place until such time that the City Council took action to repeal or amend the prohibition.
Conclusion and Recommendation
Staff recommends that the City Council adopt the attached Resolution (Attachment 1) in response to the extended drought. Additionally, staff recommends that the City Council adopt the attached Urgency Ordinance (Attachment 2) prohibiting new irrigated turf installations, should that be desired.
FISCAL IMPACT:
A reduction in water use will result in less revenue to the Water Enterprise Fund, the extent of which is unknown at this time.
ALTERNATIVES:
1. Do not adopt the Resolution enacting additional water provisions; provide staff with direction on how to proceed.
2.Do not adopt the Urgency Ordinance prohibiting new natural turf.
ATTACHMENTS:
1. Resolution
2. Urgency Ordinance
Submitted by: Meeting Date: May 17, 2022
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
12.E-3Council Agenda 5-17-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DECLARNG “CRITICAL WATER SUPPLY CONDITIONS” WITH
MODIFIED RESTRICTIONS
WHEREAS, in response to the worsening drought, the City Council has taken the following actions to protect the City’s water supply and to encourage conservation:
on June 1, 2021, by Resolution R-2021-049, the City Council declared a Moderately Restricted Water Supply Condition;
on January 18, 2022, by Resolution R-2022-004, the City Council declared a Severely Restricted Water Supply Condition; and
WHEREAS, on May 3, 2022, staff updated the City Council on the Northern Cities Management Area Annual Report, the continuing drought and the City’s water supply conditions; and
WHEREAS, the City Council directed staff to return with a Resolution declaring a Critical Water Supply Condition with the following water use restrictions in addition to the current restrictions:
Extending the prohibited hours for outdoor irrigation from 10 a.m. to 4 p.m. to 8 a.m. to 6 p.m.
Mandate that all water leaks be repaired within 72 hours of notification by the City.
WHEREAS, the City Council also directed staff to prepare legislative measures necessary to prohibit the installation of new lawns, and an urgency ordinance which, if adopted, will have the effect of enacting a moratorium on the installation of new natural turf throughout the City has been prepared and presented to the City Council for consideration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby declares a Critical Water Supply Condition in accordance with Pismo Beach Municipal Code Section 13.24.060, and imposes those modified restrictions set forth in the above recitals, in addition to the restrictions previously implemented under R-2021- 049 and R-2022-004 which are still in effect.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
12.E-4Council Agenda 5-17-2022
Attachment 1
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
12.E-5Council Agenda 5-17-2022
Attachment 1
ORDINANCE NO. O-2022-XXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 15.48 OF THE CITY OF PISMO
BEACH MUNICIPAL CODE TO SUSPEND IRRIGATED TURF ALLOWANCES UNDER THE CITY’S WATER EFFICIENT LANDSCAPING ORDINANCE
WHEREAS, on June 1, 2021, the City Council declared a Moderately Restricted Water Supply Condition via Resolution R-2021-049; and
WHEREAS, on November 16, 2021, the City Council was provided an update on the City’s water supply and committed to evaluate updates on the City’s water supply; and WHEREAS, on January 18, 2022, the City Council declared a Severely Restricted Water Supply Condition via Resolution R-2022-004; and
WHEREAS, on May 3, 2022, the City Council was provided an update on the Northern Cities Management Area Annual Report, the continuing drought, and the City’s water supply conditions; and
WHEREAS, the City Council directed staff to return on May 17, 2022, to declare a Critical Water Supply Condition with appropriate water use restrictions; and WHEREAS, Section 15.48.010 of the City’s Municipal Code regulates compliance with the State Model Water Efficient Landscape Ordinance; and WHEREAS, the Model Water Efficient Landscape Ordinance allows the installation of irrigated turf in compliance with specific design criteria; and WHEREAS, the City Council finds that irrigated turf accounts for a component of the City’s water consumption that is not desirable during this Critical Water Supply Condition; and WHEREAS, the City Council desires to prohibit the installation of new irrigated turf to further protect the City’s Critical Water Supply Condition; and WHEREAS, the City Council finds that an urgency ordinance is needed to immediately protect the health, safety and welfare of the City’s residents, businesses and visitors by preserving the community’s available water supply; and
WHEREAS, the City Council acknowledges advancements in artificial turf and supports its installation in place of irrigated turf.
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Attachment 2
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Subsection C. of Section 15.48.010 Model Water Efficient Landscaping Standards And Requirements of the Pismo Beach Municipal Code is hereby added, to read as follows:
C. Notwithstanding anything to the contrary in the MWELO or the regulations outlined in this Chapter, new irrigated turf areas shall be prohibited for all development beginning May 18, 2022, and continuing until this Subsection is repealed based on local drought conditions. During this prohibition, artificial turf installed that allows appropriate water infiltration based on the site’s soil conditions is permitted to account for any landscape required to be installed pursuant to the Pismo Beach Municipal Code.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective immediately upon passage and adoption hereof, as it is an urgency ordinance intended to immediately protect the public welfare, health, and safety.
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Attachment 2
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
ADOPTED at a regular meeting of the City Council held this 17th day of May, 2022, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
12.E-8Council Agenda 5-17-2022
Attachment 2