Westminster City Council
SUBJECT
Title
Public Hearing - First Reading of an Ordinance Amending Section 13.14.040 & 13.14.050 of the Westminster Municipal Code to Implement New State-Mandated Water Conservation Requirements and Regulations Related to California Assembly Bill 1572.
End
publichearing
• Staff Report
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
End
From: Jake Ngo, Public Works Director
Requested by: Administration
Prepared by: Noelani Leal, Management Analyst
____________________________________________________________
RECOMMENDED ACTION
Recommendation
Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, TO AMEND SECTION 13.14.040 and 13.14.050, TITLE 13 (PUBLIC SERVICES) OF THE WESTMINSTER MUNICIPAL CODE TO PROHIBIT WATERING OF NONFUNCTIONAL TURF,” read by title only and waive further reading.
end
BACKGROUND
California Assembly Bill 1572 (AB 1572) was signed into law on October 13, 2023. The law is part of the State’s long-term effort to strengthen water resilience by reducing outdoor water waste while protecting water needed for trees, recreational spaces, and community health and safety.
AB 1572 prohibits using drinking water (referred to as “potable water”) to irrigate grass areas that serve no active recreational or community purpose, which the law defines as “nonfunctional turf” (NFT). Examples of NFT include decorative grass within street medians, grass in parking lot islands, and grass areas enclosed by fencing that prevents public use.
This regulation does not apply to:
• Functional turf, such as grass on sports fields, playgrounds, golf courses, picnic areas, or any space used by the public for recreation or gathering. (This includes the Civic Center and all City-owned parks.)
• Water needed to keep trees alive.
• Cemeteries.
• Situations involving an immediate health or safety need.
AB 1572 places two specific responsibilities on public water systems like the City of Westminster:
1. By January 1, 2027, update local regulations, ordinances, or policies to formally incorporate the State’s NFT prohibition.
2. Notify affected customers of the new requirements before they take effect.
The proposed ordinance fulfills the first step for compliance. Customer outreach will follow in accordance with the State’s phased compliance timeline. The table below summarizes when the prohibition applies to each customer group:
|
|
Description |
Effective Date |
|
State/Local Government & Public Agencies |
Properties owned or leased by the Department of General Services (state government) and other state and local government properties |
Jan 1, 2027 |
|
Commercial, Industrial & Institutional (CII) |
Business parks, industrial facilities, educational campuses, hospitals, and similar institutional properties |
Jan 1, 2028 |
|
HOAs & Common Interest Developments |
Common areas of homeowners’ associations (HOAs), planned developments, and community service organizations or similar entities |
Jan 1, 2029 |
|
Disadvantaged Communities (Local Government) |
Local government-managed properties in communities where median household income is below 80% of state median, but only once state funding becomes available to support the transition |
Jan 1, 2031 or later |
The proposed ordinance adds nine (9) new definitions to Municipal Code Section 13.14.040 that are required by AB 1572 and provide the legal foundation for the prohibition. Without these definitions, the City's ordinance would not satisfy the State's compliance requirements. The new definitions being added are as follows:
1. Common Area: The portion of a homeowners' association or community interest development property that is not assigned to the exclusive use of any individual unit owner (i.e., shared landscaping, courtyards, and grounds).
2. Common Interest Development: Covers community apartment projects, condominium projects, planned developments, and stock cooperatives.
3. Community Service Organization or Similar Entity: A nonprofit organized to provide services to residents of a common interest development or to the general public, to the extent common areas or facilities are available to the public. Does not include fundraising-only nonprofits.
4. Community Space: An area designated by a property owner or government agency to accommodate foot traffic for civic, ceremonial, or other community events or social gatherings.
5. Disadvantaged Community (DAC): A community with an annual median household income that is less than 80 percent of the statewide annual median household income.
6. Functional Turf: Turfgrass located in a recreational use area or community space. Turf that is enclosed by fencing or other barriers that permanently prevent public access for recreation or assembly is not functional turf.
7. Homeowners' Association: A nonprofit corporation or unincorporated association created to manage a common interest development.
8. Nonfunctional Turf (NFT): Any turf that is not functional turf, including turf located within street rights-of-way and parking lots.
9. Recreational Use Area: An area designated by a property owner or government agency for recreation, including sports fields, golf courses, playgrounds, picnic grounds, and pet exercise areas. Recreation may be formal or informal.
SECTION 13.14.050 will add the following:
• Core Prohibition: The use of potable water to irrigate NFT on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities is prohibited.
• Exceptions: The prohibition does not apply to the extent that drinking water is necessary to maintain the health of trees and other permanent, non-turf plantings or to address an immediate health or safety need.
Adding the NFT prohibition to this established section allows the City to:
• Use its existing notice, correction, and appeals processes so that no new procedures are needed.
• Maintain its preferred education-first approach to enforcement, issuing warnings and working with property owners before escalating to penalties.
• Retain the flexibility to escalate enforcement in the future if needed.
This approach is consistent with how the City Council implemented previous state water conservation requirements that govern the current Water Conservation Program regulations.
FISCAL IMPACT
None.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
It is recommended that the Mayor and City Council introduce and conduct the first reading of the ordinance amending Section 13.14.040 & 13.14.050 of the Westminster Municipal Code to Implement New State-Mandated Water Conservation Requirements and Regulations Related to California Assembly Bill 1572.
ATTACHMENTS
1. Proposed Ordinance
2. Redlined Municipal Code
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager