REPORT TO THE CITY COUNCIL August 9, 2018 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: AARON A. AGUIRRE, Public Works Manager Public Works Department, Landscape Maintenance Division ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division SUBJECT ..Title Actions related to introducing and adopting an Emergency Ordinance for public health, amending Fresno Municipal Code subsection 6-520(a) to allow watering public median islands serving a community purpose: 1. Adopt a finding of Categorical Exemption pursuant to Class 1 Section 15301 (existing facilities) of the California Environmental Quality Act Guidelines for the Emergency Ordinance; 2. ***BILL (For introduction and adoption) - Emergency Ordinance Of The City Of Fresno, California Amending Subsection (a) of Section 6-520 of the Fresno Municipal Code Relating to Regulations for Urban Water Conservation (Requires 5 affirmative votes) (Districts 1, 2 and 7). ..Body RECOMMENDATIONS Staff recommends that the City Council adopt a finding of Class 1 Categorical Exemption, pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines, and introduce and adopt the proposed Emergency Ordinance amending Fresno Municipal Code (FMC) Section 6-520, Water Conservation, subsection (a)(12), to allow watering public median islands serving a community purpose, to preserve public health in the City. EXECUTIVE SUMMARY Introduction and adoption of the proposed Emergency Ordinance will allow ornamental turf on median islands serving a community purpose, including medians along Van Ness Boulevard, Emerson Avenue, Corona Avenue, Angus Avenue and Saginaw Avenue, to be irrigated and restored to their pre-drought conditions. These public medians serve community functions and provide recreational areas and green space. The turf will not be viable if not watered as soon as possible, resulting in loss of important recreational space in the City and negative impacts to public health. BACKGROUND The Governor declared a Drought State of Emergency on January 17, 2014. On April 1, 2015, the Governor of the State of California issued an unprecedented Executive Order, mandating a 25% reduction in statewide water use beginning June 1, 2015. As required by the Executive Order, on April 18, 2015, the State Water Resources Control Board ("Water Board") adopted emergency regulations prohibiting various water wasting activities statewide. The City responded by adopting Emergency Ordinance 2015-13 implementing the mandatory conservation practices on May 21, 2015. The Governor directed the Water Board to draft regulations for permanent water waste prohibitions in May of 2016 by Executive Order. In February of 2017, the Water Board extended its emergency regulations while moving toward the rulemaking process for permanent regulations. In April of 2017, the Governor lifted the drought emergency but retained the prohibitions on wasteful practices. The City adopted prohibitions on wasteful practices mirroring the current state regulations in October 2017 by Ordinance 2017-56. The Water Board began the rulemaking process for permanent prohibitions, releasing Proposed Regulations on November 1, 2017. The Water Board's emergency regulations expired November 25, 2017. The Water Board has not yet adopted the permanent regulations on waste and unreasonable water uses as directed by the Governor. However, several rounds of draft regulations indicate the Water Board will amend the prohibition on watering public medians to permit watering medians serving a community or neighborhood function, such as recreational use and civic or community events. The City has five medians which serve important community functions by providing green space and recreational areas which substantially contribute to the City's public health. Introducing and adopting the proposed Emergency Ordinance will allow the City to water public medians such as these which serve community functions now, benefitting public health in the City. Pursuant to Charter Section 603, the Emergency Ordinance will become effective upon adoption, allowing watering immediately for the benefit of public health. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301 (existing facilities), which exempts maintenance of existing landscaping and restoration of deteriorated facilities, because the project includes checking and using existing irrigation systems to water City-owned medians. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not considered because this Emergency Ordinance does not include a bid or award of a construction or services contract. FISCAL IMPACT The proposed Emergency Ordinance will not impact the General Fund. The approval of the Emergency Ordinance will generate an increase in costs to the Community Sanitation Fund which is utilized to maintain the median islands throughout the City of Fresno. The Public Works Department estimates that the additional staff costs will be approximately $41,000 per year. The costs of the additional irrigation water will be approximately $9,400 per year. These expenses will be covered by existing appropriations within the Community Sanitation Fund. Attachments: Emergency Ordinance Environmental Assessment