HomeMy WebLinkAboutAGENDA REPORT 2019 1218 REG CCSA ITEM 08ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 18, 2019
ACTION Adopted Ordinance No. 476.
BY B.Garza.
A. Consider Adoption of an Ordinance Amending Section 15.23.010 of Chapter
15.23 Water Efficient Landscape Ordinance, of Title 15, Buildings and
Construction, of the Moorpark Municipal Code. Staff Recommendation: 1) Open
the public hearing, take testimony, and close the public hearing; and 2) Waive full
reading and declare Ordinance No. 476 read for the second time and adopted as
read. (ROLL CALL VOTE REQUIRED) (Staff: Jeremy Laurentowski)
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 12/18/2019 Regular Meeting
SUBJECT: Consider Adoption of an Ordinance Amending Section 15.23.010 of
Chapter 15.23 Water Efficient Landscape Ordinance, of Title 15,
Buildings and Construction, of the Moorpark Municipal Code
BACKGROUND AND DISCUSSION
In the adoption of Model Water Efficient Landscape Ordinance (MWELO) by reference,
State law requires a public hearing to be noticed pursuant to Government Code Section
6066 with advertisement at least fourteen (14) full days prior to consideration of second
reading of the ordinance. City Council considered this ordinance amendment at its
December 4, 2019 regular meeting, introduced it as Ordinance No. 476 for first reading
and directed staff to advertise a public hearing for December 18, 2019. The
December 4, 2019 agenda report is attached for reference.
ENVIRONMENTAL DETERMINATION
The Community Development Director has determined that this action is exempt from
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the California Code of Regulations (CEQA Guidelines) by the general
rule that CEQA only applies to “projects” that may have a significant effect on the
environment. The proposed action would amend the Code as already adopted by the
State of California. In this case, there is no possibility that the proposed action would
have a significant impact on the environment.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
Item: 8.A.
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Honorable City Council
12/18/2019 Regular Meeting
Page 2
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Open the public hearing, take testimony, and close the public hearing; and
2. Waive full reading and declare Ordinance No. 476 read for the second time and
adopted as read.
Attachment 1: Ordinance No. 476
Attachment 2: December 4, 2019 Council Agenda Report (without attachment)
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ATTACHMENT 1
ORDINANCE NO. 476
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 15.23.010 OF
CHAPTER 15.23 WATER EFFICIENT LANDSCAPE
ORDINANCE, OF TITLE 15, BUILDINGS AND
CONSTRUCTION
WHEREAS, Government Code Section 50022.3, et seq., provides that
ordinances and codes of the Federal, State, or any agency of either of them, may be
adopted by reference, provided that prior to such adoption by reference a noticed public
hearing has been held; and
WHEREAS, at its meeting of December 18, 2019, the City Council conducted a
duly-noticed public hearing on the matter of amending Chapter 15.23.010, which adopts
the State of California Model Water Efficient Landscape Ordinance by reference,
received public testimony on the proposed ordinance, and after receiving oral and
written public testimony, closed the public hearing and reached a decision; and
WHEREAS, the City Council concurs with the Community Development
Director’s determination that this project is exempt from the provisions of the California
Environmental Quality Act by the general rule that CEQA only applies to projects that
may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 15. 23.010 of Title 15 of the Moorpark Municipal
Code, is amended as follows:
“15.23.010 Except as hereinafter provided, the model water efficient landscape
ordinance of the State of California, as contained in the California Code of
Regulations Title 23. Waters, Division 2. Department of Water Resources,
Chapter 2.7. Model Water Efficient Landscape Ordinance, as amended from time
to time, is hereby adopted by reference as the water efficient landscape
ordinance of the city of Moorpark. A copy of the model water efficient landscape
ordinance of the State of California shall be maintained in the community
development department office of the city of Moorpark and shall be made
available for public inspection while this ordinance is in force.”
SECTION 2 . If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or unconstitutional.
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Ordinance No. 476
Page 2
SECTION 3 . This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4 . The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall
make a written record of the passage and adoption thereof in the minutes of the
proceedings of the City Council at which the same is passed and adopted; and shall
publish notice of adoption in the manner required by law.
PASSED AND ADOPTED this 18th day of December, 2019.
______________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 12/04/2019 Regular Meeting
SUBJECT: Consider an Ordinance Amending Section 15.23.010 of Chapter 15.23
Water Efficient Landscape Ordinance, of Title 15, Buildings and
Construction, of the Moorpark Municipal Code
BACKGROUND
In 2006, Assembly Bill 1881 was signed amending the Water Conservation in
Landscape Act. The bill required that by January 1, 2010, a local agency should do one
of the following:
1)adopt a local water efficient landscape ordinance that is, based on evidence
in the record, at least as effective in conserving water as the updated model
ordinance adopted by the department; or
2)adopt the State of California’s updated Model Water Efficient Landscape
Ordinance (MWELO).
On January 6, 2010, at a duly noticed public hearing, the City of Moorpark, via
Ordinance No. 383, adopted the State’s MWELO into the City’s Municipal Code.
DISCUSSION
In 2015, Executive Order B-29-15 (EO) tasked the Department of Water Resources
(DWR) with revising the 2010 MWELO to increase water efficiency standards for new
and retrofitted landscapes. The EO also required that agencies report on their
implementation and enforcement of local ordinances by December 31, 2015.
At the time the MWELO was updated it was believed that the City’s previous adoption
by reference covered the updated 2015 MWELO requirements. Recently, it has been
brought to our attention that the City has not been reporting on implementation and
Item: 9.C.
ATTACHMENT 2
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enforcement of the MWELO as required under the 2015 update. Upon closer
examination of Section 15.23.010, the reference to the reporting section is not included
in the Code as the requirement did not exist at the time Ordinance No. 338 was
adopted. Staff is updating the affected section in order to ensure that future
amendments to the MWELO will be automatically be included in the City’s Code.
The proposed language in legislative format, is noted below:
15.23.010 Except as hereinafter provided, tThe model water efficient
landscape ordinance of the State of California, as contained
in the California Code of Regulations Title 23. Waters,
Division 2. Department of Water Resources, Chapter 2.7.
Model Water Efficient Landscape Ordinance, as amended
from time to time, Sections 490 through 494, is hereby
adopted by reference as the water efficient landscape
ordinance of the city of Moorpark. A copy of the model
water efficient landscape ordinance of the State of
California shall be maintained in the community
development department office of the city of Moorpark and
shall be made available for public inspection while this
ordinance is in force.
Staff is in the process of filing the missing reports as required under the current
MWELO. Additionally, although staff has been applying and enforcing the MWELO
during landscape plan reviews, the City’s Landscape Design Standards have not been
updated since April 2012 by adoption of Resolution No 2012-3096. This predates the
2015 update of the MWELO. Staff will return with a future item to update the
Landscape Design Standards to ensure consistency with the MWELO.
The City Attorney’s Office has reviewed the attached draft ordinance.
ENVIRONMENTAL DETERMINATION
The Community Development Director has determined that this action is exempt from
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the California Code of Regulations (CEQA Guidelines) by the general
rule that CEQA only applies to “projects” that may have a significant effect on the
environment. The proposed action would amend the Code as already adopted by the
State of California. In this case, there is no possibility that the proposed action would
have a significant impact on the environment.
Honorable City Council
12/04/2019 Regular Meeting
Page 2
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FISCAL IMPACT
There is no fiscal impact as the MWELO is already being applied and enforced through
the Development and Permit review processes.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Introduce Ordinance No. ___ for first reading, waive full reading, and direct staff to
schedule a public hearing for purposes of second reading and adoption for
December 18, 2019.
Attachment: Draft Ordinance
Honorable City Council
12/04/2019 Regular Meeting
Page 3
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