HomeMy WebLinkAbout50A - CONSERVATION OF PUBLIC WATER SUPPLYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
ORDINANCE AMENDING CHAPTER 39
OF THE MUNICIPAL CODE -
CONSERVATION OF PUBLIC CATER
SUP~LY _.-.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 'I 5r Reading
^ Ordinance on <?~" Reading
^ Implementing Resolution
^ Set Puts€ic HearinG For
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Chapter 39 of the Santa Ana Municipal Code
with updated regulations for conservation of the public water supply.
DISCUSSION
The State of California is in the third year of a drought and water
supply deliveries from Northern California are projected to be severely
reduced next year. The Metropolitan Water District (MWD) is proposing
to reduce imported water deliveries by 10 to 20~ to member agencies,
with heavy penalties (three to four times their normal cost of water)
for failure to achieve the required reductions.
The Santa Ana Municipal Code regulating conservation of the public water
supply is found in Chapter 39, Article VI and was adopted on September
4, 1990. The purpose of the ordinance is to establish a water
conservation and supply shortage program that will reduce water
consumption within the City through conservation, assure reasonable and
beneficial use of water, prevent waste of water, and maximize the
efficient use of water within the City to minimize the effect and
hardship of water shortage to the greatest extent possible.
In January of 2009, the Metropolitan Water District (MWD) finalized a
draft model water conservation and water supply shortage ordinance for
use by water agencies in Southern California. To remain eligible for
MWD water conservation grant funding programs, the City of Santa Ana and
all other MWD member agencies are required to adopt a water conservation
ordinance that contains all of the major components outlined in the
model ordinance. The proposed ordinance amends the existing city
municipal code to add these required components.
50A-1
Ordinance Amending Chapter 39
Of the Municipal Code -
Conservation of Public Water
Supply
April 6, 2009
Page 2
The proposed ordinance will establish permanent water conservation
requirements that will apply at all times. Twelve specific prohibitions
are created which are intended to eliminate the waste and unreasonable
use of water. Some of these requirements include restricting landscape
irrigation to night and early morning hours, prohibiting washing down
driveways and other paved services, and prohibiting restaurants from
serving water unless requested by customers.
Other provisions in the proposed ordinance include updates to mandatory
conservation regulations during declared water shortages. Three
different water shortage levels are identified, with progressively
tighter water use restrictions depending on the severity of the
shortage. A City Council resolution would be required to activate any
of three water shortage levels and the attendant water use restrictions.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Although there is no direct fiscal impact associated with this item,
the future declaration of a water shortage under the provisions of this
ordinance could result in a significant decrease in water sales and a
corresponding decrease in revenue to the Water Enterprise.
APPROVED AS TO FUNDS AND ACCOUNTS:
~--, / ~ ~3
~~r~~~
Ja es G. Ross Francisco Gutierrez
E ecutive Director Executive Director
ublic Works Agency Finance & Mgmt. Services Agency
50A-2
(jxs 04/01 /09)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING CHAPTER 39 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO THE
CONSERVATION OF THE PUBLIC WATER SUPPLY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The State is in its third straight year of drought. California's
snowpack are significantly low, precipitation currently is only about
70 percent of normal, and nearly all reservoirs are well below
acceptable levels for storage.
B. The amount of imported water from Northern California has been
cut back to half of what is its been in recent years. This year, water
supplies are projected to be in the range of 15% to 30% of normal
allocations.
C. Metropolitan Water District (MWD) is now proposing an allocation
to its member agencies, which could result in a 10 to 20% cut back
of our imported water.
D. The city has been informed that MWD is preparing to implement
their allocation about April or May of this year.
E. In the event an agency does not cut its water demands back and
exceeds its water allocation from MWD, there is a hefty cost
associated with it, on the order of 3-4 times the normal cost of their
existing tier 2 rate of $695 per acre foot of water.
F. MWD also has proposed for all the member agencies to update or
implement a Water Conservation Ordinance.
G. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
Ordinance No. NS-XXX
50A-3 Page 1 of 17
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter
Section 2. The adoption of this ordinance is exempt from CEQA and a
Notice of Exemption will be filed if this ordinance is adopted.
Section 3. Section 39-89 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-89. ~has+r~ Reserved
Section 4. Section 39-96 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-96. ~ea~ks- Reserved
Section 5. Section 39-97 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-97. ~ef~ Reserved
Section 6. Section 39-98 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-98. Reserved
imm~a~ nromi~~~ r.f n~mmorn' I
N L.
Ordinance No. NS-XXX
Page 2 of 17
50A-4
Section 7. Section 39-105 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-105. Determination of Csonservation n"prrav~ Level.
The city council shall make findings of shortage and declare the applicable
water conservation pf-a~Level by resolution.
Section 8. Section 39-106 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-106. Permanent Water Csonservation °h,--~,~e-r-Requirements.
The following water
conservation requirements are effective at all times and are permanent.
Violations of this section will be considered waste and an unreasonable
use of water:
(1) Washing down sidewalks, walkways, driveways, parking areas or
other paved surfaces, except as is required to dispose of dangerous
liquids or alleviate safety or sanitary hazards and then only by use
of a hand-held bucket, or hand-held hose equipped with a
positive self-closing water shut-off device is prohibited.
(2) Water Watering of lawn, landscape or other turf areas except
between the hours of 4=A~ 6:00 p.m. and ~A99 9:00 a.m. is
prohibited, except by use of a hand-water shut-off nozzle or
device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
(3) The 1~use of water to clean, fill or maintain levels in decorative
fountains, ponds, lakes or other similar aesthetic structures unless
such water is part of a fesysl+ag re-circulating system is prohibited.
(4)
s#af4--a~No restaurant, hotel, cafe, cafeteria or other public place
where food is sold, served or offered for sale shall serve drinking
water to any customer unless expressly requested.
Ordinance No. NS-XXX
50A-5 Page 3 of 17
(5) Using water to wash or clean a vehicle, including but not limited
to any automobile, truck, van, bus, motorcycle, boat, or trailer, is
prohibited, except by use of a hand-held bucket or hand-held
hose equipped with a positive self-closing water shut-off nozzle
or device. This subsection does not apply to any commercial car
washing facility.
(6) Hotels, motels and other commercial lodging establishments
must provide customers the option of not having towels and
linen laundered daily. Commercial lodging establishments must
prominently display notice of this option in each bathroom using
clear and easily understood language.
(7) Food preparation establishments such as restaurants or cafes,
are prohibited from using non-water conserving dish wash spray
valves.
(8) All leaks, breaks, or other malfunctions in the water user's
plumbing or distribution system must be repaired within seventy-
two (72) hours of notification by the City, unless other
arrangements are made with the City.
(9) No Installation of Single Pass Cooling System: Installation of
single pass cooling systems is prohibited in buildings requesting
new water service.
(10)Commercial Car Wash System: Effective on January 1, 2012, all
commercial conveyor car wash systems must have installed
operational re-circulating water systems, or must have secured a
waiver of this requirement from the City.
(11) Watering or irrigating of any lawn, landscape or other vegetated
area in a manner that causes or allows excessive water flow or
runoff onto an adjoining sidewalk, driveway, street, alley, gutter
or ditch is prohibited.
(12) No Installation of Non-re-circulating in commercial car wash and
laundry systems: Installation of non-re-circulating water systems
is prohibited in new commercial conveyor car wash and new
commercial laundry systems.
Section 9. Section 39-107of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-107. Water Csonservation °h-Level 1 Water Shortage
Ordinance No. NS-XXX
Page 4 of 17
50A-6
Upon the
declaration by the Council of a Level 1 Water Shortage, Council will
implement the mandatory Level 1 conservation measures identified in this
section. In addition to the prohibited uses of water identified in section 39-
106, the following water conservation requirements apply during a declared
Level 1 water shortage:
(1) Restrictions
on watering lawn, landscape or other turf areas shall be modified to
prohibit watering more often than every other day and such areas
shall only be watered between the hours of 6:00 p.m. and 6:00 a.m.
This provision shall not apply to commercial nurseries and golf
courses.
(2) The watering of mater lawn, landscape or other turf areas of
commercial nurseries or golf courses shall be allowed except
between the hours of 6:00 p.m. and 6:00 a.m. There shall be no
restriction on watering utilizing reclaimed water.
(3) ,
,
. No customer shall make, cause, use or permit
the use of water for any purpose in excess of the applicable
percentage of the amount used in the customer's premises
during the corresponding billing period of the prior calendar
year, such percentage to be determined by City Council and set
forth in the resolution declaring Level 1. There shall be no
restriction on the use of reclaimed water under this provision.
(4) All leaks, breaks, or other malfunctions in the water user's
plumbing or distribution system must be repaired within seventy-
two (72) hours of notification by the City, unless other
arrangements are made with the City.
Section 10. Section 39-108 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-108. Water Csonservation °h,~~-Level 2 Water Shortage
Upon the
declaration by the Council of a Level 2 Water Shortage, Council will
implement the mandatory Level 2 conservation measures identified in this
Ordinance No. NS-XXX
50A-7 Page 5 of 17
section. In addition to the prohibited uses of water identified in section 39-
106 and section 39-107, the following water conservation requirements
apply during a declared Level 2 water shortage:
(1) ,
Wwatering lawn, landscape or other turf areas shall be modified to
prohibit watering more often than two days per week and
such areas shall only be watered between the hours of 6:00 p.m. and
6:00 a.m. This provision shall not apply to commercial nurseries and golf
courses.
(2) Water lawn, landscape or other turf areas of commercial nurseries or golf
courses more often than every other day and shall only water between
the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on
watering utilizing reclaimed water.
(3) Use water from fire hydrants except for fire fighting and related activities.
Other uses of water for municipal purposes shall be limited to activities
necessary to maintain the public health, safety and welfare.
(4) ,
. No customer shall make, cause, use or permit the
use of water for any purpose in excess of the applicable percentage
of the amount used in the customer's premises during the
corresponding billing period of the prior calendar year, such
percentage to be determined by City Council and set forth in the
resolution declaring Level 2 water shortage. There shall be no
restriction on the use of reclaimed water under this provision.
(5) All leaks, breaks, or other malfunctions in the water user's plumbing
or distribution system must be repaired within forty-eight (48) hours
of notification by the City, unless other arrangements are made with
the City.
(6) Re-filling of more than one foot and initial filling of residential
swimming pools or outdoor spas with potable water is prohibited.
Section 11. Section 39-109 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-109. .Emergency
Condition, Level 3 Water Shortage
Ordinance No. NS-XXX
Page 6 of 17
50A-8
Upon the declaration of a Level 3 water shortage, the Council will
implement the mandatory Level 3 conservation measures identified in this
section. In addition to the prohibited uses of water identified in section 39-
106, section 39-107 and section 39-108, the following water conservation
requirements apply during a declared Level 3 water shortage:
(1) Watering or irrigation of lawn, landscape or other vegetated area
with potable water is prohibited. The restriction does not apply to
the following categories of use, unless the Council has
determined that recycled water is available and may be applied to
use:
a. Maintenance of vegetation, including trees and shrubs, that
are watered using ahand-held bucket or similar container,
hand-held hose equipped with a positive self-closing water
shut-off nozzle or devise;
b. Maintenance of existing landscape necessary for fire
protection;
c. Maintenance of existing landscape for soil erosion;
d. Maintenance of landscape within active public parks and
playing fields, day care centers, golf course greens, and
school grounds, provided that such irrigation does not
exceed two (2) days per week according to the schedule
and time restrictions established in section 39-108.
(2) All leaks, breaks, or other malfunctions in the water user's
plumbing or distribution system must be repaired within twenty-
four (24) hours of notification by the City, unless other
arrangements are made with the City
Ordinance No. NS-XXX
50A-9 Page 7 of 17
(3) No new potable water service will be provided, no new temporary
meters or permanent meters will be provided and no statement of
immediate ability to serve or provide water service (such as, will-
serve letters, certificates, or letters of availability) will be issued,
except under the following circumstances:
a. A valid, unexpired building permit has been issued for the
project, or
b. The project is necessary to protect the public health,
safety, or welfare; or
c. The applicant provides substantial evidence of an
enforceable commitment that water demands for the
project will be offset prior to the provision of a new water
meter(s) to the satisfaction of the City.
This provision does not preclude the resetting or turn-on of
meters to provide continuation of water service or the
restoration of service that has been interrupted for a period of
one year or less.
(4) No customer shall make, cause, use or permit the use of water for
any purpose in excess of the applicable percentage of the amount
used in the customer's premises during the corresponding billing
period of the prior calendar year, such percentage to be
determined by City Council and set forth in the resolution
declaring Level 3. There shall be no restriction on the use of
reclaimed water under this provision.
Section 12. Section 39-110 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-110. ~~c~o ~~~o~~; .,~+~„~;~; Implementation of water
conservation phases.
(a) Each month the department shall monitor and evaluate the
demand for water by customers and the projected available supply. Upon
determination of potential or actual water shortage, the director of public
works shall recommend to the city council the extent of the conservation
phase required by customers in order for the department to prudently
supply water to customers.
Ordinance No. NS-XXX
Page 8 of 17
50A-10
(b) The city council shall make findings of shortage and declare
the conservation phase by resolution. Said resolution shall specify the
start date of the conservation phase. The resolution shall be published
once in a daily newspaper of general circulation within the city and shall
become effective immediately upon such publication.
(c) The provisions of sections 39-107(3) and 39-108(4) and 39-
109(4) requiring curtailment in the use of water shall be effective the first
full billing period commencing on or after the date of such publication.
Section 13. Section 39-111 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-111. .Exclusivity of
penalties.
/1 ~.\ nor non4 of +ho n
~ vv.~a v~-ar ~ ~e}~mor~c. ~~i fir. h'll
.
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T~'irmrr••l Q°n:iva°. n•.n h i
o roc~~r~ro.-1.
Notwithstanding any other provision of the Santa Ana Municipal
Code, the penalties set forth in section 39-112 for violations relating to the
curtailment in the use of water shall be exclusive and not cumulative with
any other section of this Code.
Ordinance No. NS-XXX
Page 9 of 17
50A-11
Section 14. Section 39-112 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 39-112. .Enforcement and Penalties for
Violation of Water Allocation Requirements.
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Ordinance No. NS-XXX
Page 10 of 17
50A-12
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Violation by any customer of sections 39-107(3) and 39-108(4) and
39-109(4) requiring curtailment in the use of water shall be penalized as
follows:
(1) First violation. The director of public works or his designee shall
issue a written notice of the fact of a first violation to the customer.
(2) Second violation. For a second violation the director of public works
or his designee shall impose a surcharge in an amount equal to
fifteen (15) per cent of the customer's water bill.
(3) Third and subsequent violations. For a third and each subsequent
violation, the director of public works or his designee shall install a
flow-restricting device of one (1) gallon per minute capacity for
services up to one and one-half (1 1/2) inches size, and
comparatively sized restrictors for larger services, on the service of
the customer at the premises at which the violation occurred for a
period of not less than forty-eight (48) hours. The department shall
charge the customer the reasonable costs incurred for installing
and for removing the flow-restricting devices and for restoration of
normal service. The charge for installing and removing aflow-
restricting device and any other penalties or charges due the city
from the customer or due from any person who has applied for
water service, shall be paid before normal service can be restored.
Section 15. Section 39-113 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Ordinance No. NS-XXX
Page 11 of 17
50A-13
Sec. 39-113. ~~^^~^t°^^. Relief from compliance.
(a) A customer may file an application for relief from any
provision of this Article. The director of public works shall
develop such procedures as necessary to determine such
application and shall, upon the filing by the customer of an
application for relief, take such steps as reasonably necessary
to determine the application for relief.
(b) The application for relief may include a request that the
customer be relieved, in whole or in part, from the water use
curtailment provisions of sections 39-96 through 39-109 and
shall contain the basis for such request.
(c) In determining whether to grant relief and the nature of any
relief, the director of public works shall take into consideration
all relevant factors including, but not limited to:
(1) Whether any additional reduction in water consumption
will result in unemployment;
(2) Whether additional members have been added to the
household;
(3) Whether any additional landscaped property has been
added to the property since the corresponding billing
period of the prior calendar year;
(4) Changes in vacancy factors in multifamily housing;
(5) Increased number of employees in commercial, industrial
and governmental offices;
(6) Increased production requiring increased process water;
(7) Water uses during new construction;
(8) Adjustments to water use caused by emergency health or
safety hazards;
(9) First filling of apermit-constructed swimming pool; and
Ordinance No. NS-XXX
Page 12 of 17
50A-14
(10) Water use necessary for reasons related to family illness
or health.
(d) In order to be considered, an application for relief from a
resolution must be filed with the department within fifteen (15)
days from the date of receipt of the most recent water bill
following adoption of such resolution. No relief shall be
granted unless the customer shows that he has achieved the
maximum practical reduction in water consumption other than
in the specific areas in which relief is being sought. No relief
shall be granted to any customer who, when requested by the
department, fails to provide any information necessary for
resolution of the customer's application for relief.
(e) The decision of the director of public works shall be final.
Section 16. Section 39-114 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 39-114. .Exemption.
Ordinance No. NS-XXX
Page 13 of 17
50A-15
Single-family residential customers shall not be required to reduce
consumption below eighteen (18) billing units per bi-monthly billing period
during Water Shortage Levels 1 and 2. Multi-family residential customers
shall not be required to reduce consumption below eighteen (18) billing
units per bi-monthly billing period for each dwelling unit during Water
Shortage Levels 1 and 2.
For Water Shortage Level 3, the bi-monthly exemption amount for
single family and multi-family customers shall be determined by the City
Council and set forth in the resolution declaring a Level 3.
Section 17. Section 39-115 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 39-115. .Notice of Violation of
Provisions other than Water Allocation Requirements.
#~F:
For violations of this Article not related to sections 39-107(3) and 39-
108(4) and 39-109(4) requiring curtailment in the use of water, the director
of public works or his designee shall give notice of violation to the
customer committing the violation as follows:
(1) Notice of violation shall be given in writing in the following
manner:
Ordinance No. NS-XXX
Page 14 of 17
50A-16
a. By giving the notice to the customer personally; or
b. If the customer is absent from or unavailable at the
premises at which the violation occurred, by leaving a
copy with some person of suitable age and discretion
at the premises and sending a copy through the regular
mail to the address at which the customer is normally
billed; or
c. If a person of suitable age or discretion cannot be
found, then by affixing a copy in a conspicuous place at
the premises at which the violation occurred and also
sending a copy through the regular mail to the address
at which the customer is normally billed.
(2) The notice shall contain a description of the facts of the
violation, a statement of the possible penalties for each
violation and a statement informing the customer of his
right to a hearing on the merits of the violation pursuant to
section 39-116.
Section 18. Section 39-116 of the Santa Ana Municipal Code is hereby
added such that it reads as follows:
Sec. 39-116. Hearing regarding violation.
(a) Any customer receiving notice of a second or subsequent
violation shall have a right to an informal hearing by the
director of public works or his designee, provided that a
written request for hearing is filed within fifteen (15) days from
the date of the notice of violation and the customer deposits
with the city a sum equal to the billed surcharge and pays all
other outstanding water charges.
(b) The customer's timely written request for a hearing shall
automatically stay installation of aflow-restricting device on
the customer's premises until the department renders a
decision.
(c) If it is determined that the surcharge was wrongly assessed,
the city will refund any money deposited to the customer.
(d) The decision of the director of public works or his designee
shall be final.
Ordinance No. NS-XXX
Page 15 of 17
50A-17
Section 19. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
ADOPTED this day of
2009.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
(name)
City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT
Ordinance No. NS-XXX
Page 16 of 17
Councilmembers
50A-18
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on ,and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 17 of 17
50A-19
50A-20