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06
City of Pleasanton
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11/10/2015 4:05:52 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/17/2015
DESTRUCT DATE
15Y
DOCUMENT NO
06
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BACKGROUND <br /> In 2009, the California State Legislature passed the Model Water Efficient Landscape <br /> Ordinance (updated in accordance with the Water Conservation in Landscaping Act of <br /> 2006, AB 1881). The objective of MWELO is to provide governance to the water-efficient <br /> landscaping design considerations and practices specified under AB 1881. Under the <br /> 2009 MWELO, local agencies were required by January 1, 2010, to either adopt the 2009 <br /> MWELO or adopt a different ordinance that was at least as effective in conserving water. <br /> If a local agency took no action, which was the case for the City, by default the 2009 <br /> MWELO went into effect and had the same force and effect as if it were adopted by the <br /> local agency. <br /> Prior to the 2009 MWELO requirements, the Source Reduction and Recycling Board of <br /> Alameda County Waste Management Authority (now operating collectively as <br /> StopWaste.org) encouraged the use of their "Bay Friendly Landscape Guidelines" as a <br /> condition of receipt for annual Waste Import Mitigation funding. The guidelines provided <br /> positive improvements to energy consumption and resource efficiency, and were <br /> subsequently approved by the Council in April 2008. In October 2011, StopWaste.org <br /> updated these guidelines and created "Bay Friendly Basics" (BFB) in an effort to <br /> incorporate greater workability with the 2009 MWELO requirements (such as applicable <br /> project criteria), and maintain additional environmental and community benefits, beyond <br /> water conservation measures. Council adopted BFB in addition to the 2009 MWELO <br /> requirements in June 2012. <br /> On April 1, 2015, in response to the state's current historic drought, Governor Brown <br /> issued Executive Order No. B-29-15, which directed the Department of Water Resources <br /> (DWR) to update MWELO through expedited regulation. The California Water <br /> Commission approved the revised Ordnance (2015 MWELO) on July 15, 2015, and it has <br /> been subsequently entered into the California Code of Regulations (Title 23). As with the <br /> 2009 MWELO, the 2015 MWELO requires either adoption of the updated MWELO or <br /> adoption of a locally modified MWELO, which is at least as effective as the 2015 MWELO. <br /> Additionally, "no action" by Council results in the 2015 MWELO going into effect on <br /> December 1, 2015. Here, staff recommends that the Council adopt the attached <br /> resolution to affirmatively adopt the 2015 MWELO while continuing to apply the current <br /> Bay Friendly Landscape Guidelines. <br /> On a related note, in 2012, the City began work on the development of a City landscape <br /> design specification project, as part of the implementation of the Council approved <br /> Climate Action Plan. Elements of this effort have been used by Planners within the <br /> Community Development Department and project applicants (such as a City <br /> recommended plant list for both potable and recycled water). Due to challenges from <br /> changing regulatory requirements, staff has begun to modify this document into a <br /> guideline to assist planners and applicants, rather than a stand-alone landscape <br /> ordinance. However, the document will not supersede the City of Pleasanton Landscape <br /> Ordinance, i.e., MWELO and BFB combined. <br /> Page 2 of 4 <br />
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