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HomeMy WebLinkAbout93-40RESOLUTION NO. 93-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING FINDINGS UNDER ~OVERNMENT CODE SECTION 65595 THAT WATER EFFICIENT LANDSCAPING ORDINANCE IS UNNECESSARY AT THIS TIME AND ESTABLISHING AD HOC COMMITTEE AND INTERIM POLICIES. WHEREAS · 1. The Water Conservation In Landscaping Act1 requires the City of ukiah by January 1, 1993, to adopt a water efficient landscape ordinance or make findings based on climatic, geological, or topographical conditions, or water availability, which state that a water efficient landscape ordinance is unnecessary; and 2. Under Government Code section 65595, if the City does not adopt such an ordinance or make such findings by January 1, 1993, the model water efficient landscape ordinance developed by the Department of Water Resources shall take effect in the City of Ukiah as if adopted by the City Council; and 3. The City Council recognizes the importance of conserving water and developing local standards to encourage the efficient use of water in landscaping; and 4. The city Council also recognizes that additional local regulation of development should be carefully adapted to local conditions; and 5. For the reasons as more fully stated hereafter, sufficient water is available within the City to accommodate current water use and anticipated increases in water use until, at least, the year 2000; and 6. The City Council in this resolution establishes an ad hoc committee to develop a local ordinance or policies to promote water efficiency in landscaping; and 7. Because of availability of water, sufficient time exists for the committee established by this resolution to develop an appropriate ordinance or policy to promote water efficient landscaping; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council makes the following findings: Government Code sections 65591-65600. \u\wpres92\ [ andscap I a. The city currently uses an annual average of 3.3 million gallons per day (mgd) or 5.1 cubic feet per second (cfs). b. The City projects that future demand within the City will increase by the year 2000 to 3.5 mgd or 5.4 cfs. c. The City has an appropriative rights permit entitling it to divert 20 cfs from the Russian River. 2.8 cfs of the City's 20 cfs permit arises from pre-1949 use and is superior in right to the appropriative right permits issued to the Mendocino County Russian River Flood Control and Water Conservation Improvement District (MFCWD) and the Sonoma County Water Agency (SCWA). The City is also located within the MFCWD and city water users are entitled to water under its permit and its contract to purchase additional water from SCWA. In addition, the City has a groundwater well currently producing approximately 2 cfs or 1.3 mdg during periods of peak demand. d. Independent studies conducted by the Department of Water Resources, SCWA and the Mendocino County Water Agency have concluded that Lake Mendocino and Lake Sonoma will provide sufficient water to meet maximum demands of all water users dependent on those sources until the year 2000 and beyond. e. The City's water supply is adequate to meet present and future demand for water until the year 2000 and beyond. fo The availability of water makes it unnecessary to adopt a water efficient landscape ordinance by January 1, 1993. However, the City in this resolution commits itself to study ways to promote efficient water use in landscaping and adopt a water efficient landscape ordinance or policies within calendar year 1993. 2. The City Council hereby establishes an ad hoc advisory committee to develop for recommendation to the City Council a plan and any necessary ordinances, resolutions or other documents to promote water efficient landscaping within the City. In developing the plan the committee shall consider the provisions of the Model Water Efficient Landscape ordinance developed by the Department of Water Resources, the unique climatic, geological, topographical and economic conditions within the city of Ukiah and the cost and benefits of various policy options. a. Name. The committee shall be called the Water Efficient Landscaping Committee (WELC). b. Membership. The WELC shall consist of nine (9) members as follows, who shall be appointed by the city Council: (1) The Director of Public Works s: \u\wpres92\ l andscap 2 (2) The Director of Community Development (3) The Parks/Golf Course Superintendent (4) A representative of University of California Agricultural Extension Service (5) A representative of the Ukiah Builders' Exchange (6) Three landscape architects or landscape contractors doing business in the City of Ukiah (7) A member of the general public who resides in the City of Ukiah c. Meetings. The WELC shall hold such meetings as it deems necessary to produce a recommended plan within six (6) months after its members are appointed. It shall appoint a chairperson to preside over its meetings and establish such rules for conducting its meetings as it deems necessary and appropriate. d. Term. The WELC shall continue to meet as it deems necessary until it submits a plan approved by the City Council or until terminated by order of the City Council. 3. On and after the effective date of this resolution and to the extent authorized by already issued permits, the Director of Community Development, in reviewing and approving landscape plans, shall consider the provisions of the Model Water Efficient Landscape Ordinance relating to landscape and irrigation design contained in Title 23 California Code of Regulations (CCR) section 492 c 5-8. 4. On and after the effective date of this resolution all City departments shall consider the provisions of 23 CCR subsections 492 c 5-8 in designing, constructing or modifying any City projects that require or include landscaping. PASSED AND ADOPTED on December 16 following roll call vote: , 1992 , by the AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and NOES: None ABSENT: None s: \u\wpres92\ [ andscap 3 ~ ~ter Fred'~c~tt e ~, Mayor