HomeMy WebLinkAboutEl Paseo Medians - Appeal Ornamental Turf DesignationCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: THAT CITY COUNCIL DESIGNATE THE TURF ON THE EL
PASEO MEDIANS AS ACTIVE USE AREAS, AND DIRECT THE
INTERIM CITY MANAGER TO SEND A LETTER TO THE
COACHELLA VALLEY WATER DISTRICT (CVWD) APPEALING
THE ORNAMENTAL TURF DESIGNATION
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: June 30, 2016
CONTENTS: CVWD Citation of Water Waste dated June 9, 2016
Proposed Letter of Appeal to CVWD
Recommendation
By Minute Motion:
1. That City Council designate the turf on the El Paseo medians as active
use areas; and
2. Direct the Interim City Manager to send a letter to the Coachella Valley
Water District appealing the ornamental turf designation.
Strateqic Plan Obiectives
Maintaining turf on the El Paseo medians contributes to our goal of providing a uniquely
beautiful desert environment in highly visible areas of the City.
Backqround
On June 9, 2016, a Citation of Water Waste was issued for the El Paseo Street Median
account citing a violation under CVWD Ordinance No. 1419, Ordinance No. 1422, and
Water Code Section 375(a). "Irrigation with any water of ornamental turf on public
street medians is prohibited" was the violation cited.
Staff disagrees with this designation as the turf on the El Paseo medians is a catalyst
for civic functions. Civic functions in which the community participates includes:
• Annual Golf Cart Parade
• Martha's Village Thanksgiving 5K
• Docent -Led Art Tours
• El Paseo Art Walk (monthly except for summer months)
• El Paseo Bunny Hop 5K
Staff Report
Designate Turf on El Paseo as Active
Page 2 of 2
June 30, 2016
During these events the community actively uses the medians for viewing and
participating including placing chairs and blankets on the turf. These medians would not
provide the appealing setting if the turf was removed and drought tolerant landscaping
was installed. Turf is an integral part of this venue, therefore, staff recommends that
City Council designate these turf areas as active.
Staff also requests that City Council direct the Interim City Manager to send a letter of
appeal to CVWD requesting that they modify their designation from ornamental turf to
active turf.
Fiscal Analvsis
There is no immediate fiscal impact associated with this action. However, if the
designation of the turf remains ornamental and the appeal is denied, fines of $200 per
month will be assessed
Prepared By:
Randy Chavez, Lar&ape Supervisor
Approval:
art
Manager
Depa ent e
Mark G r ren ood, P.E.
Director of Public Works
G \PubWorks\Staff Reports\2016\June 30\08 Designate El Paseo Turf as Active\SR Designate El Paseo Turf as Active doc
vVAT e Established in 1918 as a public agency
Coachella Valley Water District
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Directors:
John P. Powell, Jr., President - Div. 3
Peter Nelson, Vice President - Div. 4
G. Patrick O'Dowd - Div. 1
Ed Pack - Div. 2 June 9, 2016
Cdstulo R. Estrada - Div. 5
City of Palm Desert
Attn: Public Works
73510 Fred Waring Dr.
Palm Desert, Ca 92260-2524
Dear Valued Customer:
RECEIVED
JUN 13 2016
CITY OF PALM DESERT
PUBLIC WORKS DEPT
Officers:
Jim Barrett, General Manager
Julia Fernandez, Board Secretary
Best Best & Krieger LLP Attorneys
File: 0541.38.1
Subject: Account No. 315183-847710, El Paseo Street Median
Citation of Water Waste
In response to California's devastating drought and state -mandated conservation measures, Coachella
Valley Water District ("CVWD") adopted Ordinance No. 1419, Imposing Mandatory Restrictions On
Water Use In Order To Comply With Statewide Drought Regulations, and Ordinance No. 1422,
Imposing Revised And Additional Restrictions. The water conservation program is pursuant to the
Water Code including, but not limited to, Water Code Section 375(a). This letter is to notify you of a
condition on your property that is in violation of a mandatory water -use restriction.
• Irrigation with any water of ornamental turf on public street medians is prohibited.
A violation fine of $50.00 was applied to your last CVWD water bill. Should conditions in violation
continue, you will receive additional fines of $100.00 the following month, and $200.00 per month
for every month thereafter.
You are entitled to an opportunity for a hearing before CVWD to contest this complaint and the
imposition of this civil penalty. The hearing shall not be held any sooner than thirty (30) calendar
days after this citation/complaint has been issued to you. To request a hearing please submit the form
available here: ww\v.cvwd.or0faq.
Thank you in advance for helping preserve our valuable water resources. CVWD offers a number of
rebate and technical assistance programs to help you use water wisely. Please visit our website at
\vww.cvwd.org for more information.
I hereby declare that I caused this citation/complaint to be served on the alleged Violator/User by
United States Postal Service:
e-1<Z
Katie Ruark
(Authorized designee of the CVWD Gen
July 1, 2016
Mr. Jim Barrett
General Manager -Chief Engineer
Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
RE: Appeal of Citation for Water Waste on El Paseo Medians
CVWD Account No. 315183-847710
Dear Mr. Barrett:
On June 9, 2016, a Citation of Water Waste was issued for the El Paseo Street Median account
citing a violation under CVWD Ordinance No. 1419, Ordinance No. 1422, and Water Code
Section 375(a). "Irrigation with any water of ornamental turf on public street medians is
prohibited" was the violation cited. Although we support all water conservation measures and
continue our efforts to reduce water use throughout the City, we disagree with the ornamental
designation of the turf on the medians on El Paseo.
The turf on the El Paseo medians is a catalyst for numerous community events in which visitors
and residents of the Coachella Valley participate. During these events, the community actively
uses the medians for viewing and participating including placing chairs and blankets on the turf.
These medians would not provide the appealing setting if the turf were removed and drought
tolerant landscaping was installed. Turf is an integral part of this venue, and on June 30 our
City Council made an official determination that the medians on El Paseo are active spaces.
Therefore, Water Code Section 375(a) and related CVWD ordinances do not apply.
We are of the opinion that maintaining green space for community -based activities is a sensible
use of our valuable water resources, and we request that CVWD modify the designation of the
turf on the medians on El Paseo to an active use area. Thank you for your consideration.
Sincerely,
Justin McCarthy
Interim City Manager
JM/bl
cc: Katie Ruark, CVWD Conservation Manager