Ordinance 2995ORDINANCE 2995
PUBLIC HEARING TO CONSIDER INTRODUCTION OF AN
ORDINANCE AMENDING THE ALAMEDA MUNICIPAL CODE BY
ADDING SECTION 30-60 (BAY-FRIENDLY LANDSCAPING
REQUIREMENTS FOR NEW CITY LANDSCAPING PROJECTS,
CITY RENOVATION PROJECTS, AND PUBLIC-PRIVATE
PARTNERSHIP PROJECTS) TO ARTICLE- IV (WATER:
CONSERVATION LANDSCAPING) OF CHAPTER XXX
(DEVELOPMENT REGULATIONS)
vIIHEREAS, the City finds that conventional landscaping within the City can
contribute to environmental degradation, excessive consumption of fossil fuels,
landfill waste and pollution; and
vIIHEREAS, the City finds that green landscaping is awhole-systems approach
that seeks to conserve natural resources, reduce waste, minimize water and
pesticide use, stormwater runoff and watershed pollution; and
vIIHEREAS, the City finds that the benefits of green landscaping include
minimized maintenance,. the creation of wildlife habitat, protection of local
ecosystems through the use of native plant species, and the protection of the
San Francisco Bay watershed; and
vvHEREAS, in Alameda County, the organization StopWaste.Org has taken the
lead in defining and promoting environmentally friendly landscaping for the
commercial, institutional and residential sectors and has developed Bay-Friendly
Landscape Guidelines for professional landscapers and the Bay-Friendly
Gardening Guide for residents thatpramotesgreen landscaping; and
vvHEREAS, the City finds that requiring new City landscapes, City renovation
projects, and public-private partnership projects to incorporate Bay-Friendly
Landscape Guidelines is necessary and appropriate to achieving the benefits of
green landscaping in the City.
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1, The Alameda Municipal Cade is hereby amended by adding a
new Section, 30-60, which .shall read as follows: BAY-FRIENDLY
LANDSCAPING REQUIREMENTS FOR NEVl1 CITY LANDSCAPING
PROJECTS, CITY RENOVATION PRGJECTS, AND PUBLIC-PRIVATE
PARTNERSHIPS PROJECTS and is hereby added to the Alameda City
Municipal Code to read as follows.
30-60w~ Purpese and Infant.
To promote economic and environmental health in the City, it is essential
that the City itself, through the design, construction, and maintenance of its own
landscapes and landscapes it funds, provide leadership to both the private and
public sectors by incorporating Bay-Friendly landscaping practices, The most
immediate and meaningful way to do this is to require the integration of Bay-
Friendly landscaping strategies in City landscapes and landscapes that are part
of public-private partnership projects, and green infrastructure projects, including
but not limited to, green grids, street edge alternatives, and green alleys.
3060.2 Definltionsw
a. "Bay-Friendly Landscape Guidelines" means the most recent version of
guidelines developed by StopWaste.Org for use in the professional
design, construction and maintenance of Landscapes. City staff shall
maintain the most recent version of the Bay-Friendly Landscape
Guidelines at all times.
b. "Bay-Friendly Landscaping Scorecard" means the most recent version of
the Bay-Friendly Landscaping points system developed by
Stopvllaste.Org. City staff shall maintain the most recent version of the
Bay~Friendly Landscaping Scorecard in the Planning and Buildin
g
Department at all times.
c. "City Landscape Project" means any new construction. or renovation of a
Landscape owned or maintained by the City.
d. "Covered Project" means all new Landscaping projects or Renovations of
Landscapes that are either owned or maintained by the City or developed
as aPublic-Private Partnership that equals or exceeds $~ OO,OOD din 2009
dollars in construction costs and adjusted annually to reflect changes in
the San Francisco Bay Area Construction Cost Index published in
Engineering News Record Magazine.
e. "'BayWFriendly Landscaping Compliance Official" means the designated
staff person~s~ authorized and responsible for implementing this Article.
f. "Green Alley" means an alley that is designed or reconstructed to reduce
environmental impacts and discharges to the storm sewer system.
g. "Green Grid" means an interconnected network of public open spaces,
green corridors, footpaths and landscapes.
h. "Green Infrastructure" means an adaptable term used to describe an array
of products, technologies, and practices that use natural systems, or
engineered systems that mimic natural processes, to recycle stormwater
runoff, filter air pollutants, sequester carbon, and retain and infiltrate
rainfall. Green Infrastructure practices may include green roofs, porous
pavement, rain gardens, and vegetated swales.
i. "initiated" means officially identified and substantially funded to offset the
costs associated with the project.
j. "Landscape" means the parcel area less the building pad and includes all
planted areas and hardscapes ~i.e. driveway, parking, paths and other
paved areas}.
k. "Public-Private Partnership" means any project built on City-owned land,
primarily funded by the City, built as a project of the Housing Authorifiy,
Community Improvement Commission, or built under a Disposition and
Development Agreement with the City.
f. "Renovation" means any change, addition or modification to an existing
Landscape.
m, "Street Edge Alternative" means the incorporation of natural drainage,
detention swales, additional landscaping, and the reduction of impervious
surfaces in new road construction and the reconstruction of existing roads,
where feasible.
n. "Traditional Public ~lllorks Project" means heavy construction projects such
as pump stations, flood control improvements, roads, and bridges, as well
as traffic lights, sidewalks, bike paths, bus stops, and associated
infrastructure on City owned andlor maintained property,
~0-fi0.3 Standard For Compliance.
a. All Covered Projects initiated on or after the effective date of this
ordinance shall meet the most recent minimum Bay-Friendly Landscape
Scorecard points and required practices as recommended by
Stop~'aste.Org or its designee.
b. For the purposes of reducing operating and maintenance costs in all City
facilities and public-private partnership facilities, Covered Projects that do
not meet the threshold that triggers compliance with the requirements of
this ordinance shall meet as many Bay-Friendly Landscaping Scorecard
points as practicable and are required to complete and keep on fie the
Bay-Friendly Landscaping Scorecard, in order to document the green
building practices that have been incorporated into the project.
c. The Public Works Department shall regularly review the project
specifications used in bidding Traditional Public Works Projects to include
and implement the best environmental practices and Bay-Friendly
Landscape Guidelines applicable.
34-6~.4 Implementing Regula~i®ns.
a. The City Manager shall, within six months of ordinance adoption,
promulgate any rules and regulations necessary or appropriate to achieve
compliance with the requirements of this Section, consistent with the
provisions of Chapter XXX Development Regulations of the Alameda
Municipal Code. The initial rules and regulations shall be promulgated
after securing and reviewing comments from affected City agencies and
departments.
b. The rules and regulations promulgated by the City Manager under this
section shall provide for at least the following:
1. The incorporation of the Bay-Friendly landscaping requirements of
this ordinance into the appropriate design, construction,
maintenance, and development agreement documents prepared for
the applicable Covered Projects.
2. The designation of an appropriate Bay-Friendly Landscaping
Compliance Gfficial~s~ who shall have the responsibility to
administer and monitor compliance with the Bay-Friendly
landscaping requirements set forth in this ordinance and with any
rules or regulations promulgated thereunder, and to grant waivers
or exemptions from the requirements of this Section, and to report
to the City Council regarding Bay-Friendly landscaping compliance
on all Covered Projects and Traditional Public Works Projects.
30-60.5 Unusual Circumstances.
Compliance with the provisions of this Section may be waived in unusual
circumstances where the City Council has, by resolution, found and determined
that the public interestwould not be served by complying with such provisions.
Section 2. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance is, for any reason held to be unconstitutional,
invalid, or ineffective by any court of competent jurisdiction, such decision shall
not affect the validity or effectiveness of the remaining porkions of this ordinance.
The City Council of the City of Alameda hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause, and
phrase of this ordinance irrespective of the fact that one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses, ar hrases be
p
declared unconst~tutianal.
Section 3. Ail former ordinances or pans thereof canflictin ar inconsistent
~ ~ ~
with the pravis~ons of this ordinance hereby adopted, to the extent of such
conflict only, are I~ereby repealed,
Section 4. This ordinance and the rules, regulations, previsions,
requirements, orders and matters established and adapted hereby shat! take
effect and be in foil farce and effect ~a days after the date of its final assa e
p g
and adapt~an.
r~~ding fic r nth Council
>>
Attest:
Lora Weisiger, City le
City of Alameda
~~~~~*
1, the undersigned, hereby certify that the foregoing Ordinance was dui and
y
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled an the ~~'~ day of June, ~Og9 by the followin vote to wit:
g
AYES: Councilmembers deHa~n, ~ilmare, Matarrese, Tarn and
Mayor Johnson --~.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN IIIIITNESS, vIIHEREOF, I have hereunto set my hand; and affixed the official seal of
said Cit this 3`d da of June 20Qg.
y y t
Lira ~'Jeisig~r, City le k
City afAl~meda