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HomeMy WebLinkAboutNS-2877 - Amending Chapter 39, Article VI of Santa Ana Municipal Code Relating to Water Shortage Contingency PlanQxs 05- 14 -15) ORDINANCE NO. NS -2877 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 39, ARTICLE VI OF THE SANTA ANA MUNICIPAL CODE RELATING TO WATER SHORTAGE CONTINGENCY PLAN 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. Article X, section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare. B. The State of California continues to experience severe drought conditions. C. Conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare. D. Regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, and installation and use of water - saving devices, provide an effective and immediately available means of conserving water. E. On April 1, 2015, Governor Jerry Brown issued an executive order to cities and towns across California to cut water use by 25% as part of a sweeping set of mandatory drought restrictions, the first in state history. F. On April 1, 2015, State water officials measured the lowest April 1 snowpack in more than 60 years of record - keeping in the Sierra Nevada. G. On April 14, 2015, the Governing Board of the Metropolitan Water District ( "MWD ") took action to reduce water deliveries to its member agencies, including the City of Santa Ana, effective July 1, 2015. H. Because of the action taken by the MWD, beginning July 1, 2015, the City's water deliveries will be reduced by 15 %. Ordinance No. NS -2877 Page 1 of 12 The MWD action also includes heavy surcharges for member agencies that exceed their allocations. The surcharge will be roughly four times the normal price of an acre foot of water for use beyond the allocated amount. J. The amount of water imported from Northern California through the State Water Project continues to be cut back from historical allocations. Imported water from the Colorado River, the MWD's other major supply source, is likewise at historical lows. K. California Water Code sections 375 et seq. empower any public entity which supplies water at retail or wholesale to adopt and enforce a water conservation program to reduce the quantity of water used by those within its service area after holding a public hearing and making appropriate findings of necessity for the adoption of a water conservation program. L. Consistent with California Water Code section 375, the city council finds that it is in the public interest to adopt this ordinance for water conservation purposes. M. Pursuant to Water Code section 376 and Government Code 6061, the City must publish in a newspaper of general circulation any ordinance or resolution adopting a water conservation program within 10 days after its adoption. N. Water Code section 377 establishes that, from the publication of an ordinance or resolution pursuant to section 376 until the repeal of the ordinance, it is a misdemeanor punishable by up to 30 days in county jail and /or a fine of up to $1,000 for any person to violate a requirement of the water conservation program. 0. On May 19, 2015, the City of Santa Ana held a public hearing and made appropriate findings of necessity for the adoption of a water conservation program. P. All provisions of the Santa Ana Municipal Code related to Water Conservation which are repeated herein are repeated solely 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 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. Ordinance No. NS -2877 Page 2 of 12 SECTION 3. This ordinance is effective immediately upon adoption or as otherwise established by State law. SECTION 4. Pursuant to Water Code section 376 and Government Code section 6061, the City of Santa Ana shall publish in a newspaper of general circulation this ordinance adopting a water conservation program within 10 days after its adoption. SECTION 5. ARTICLE VI of Chapter 39 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE VI. WATER SHORTAGE CONTINGENCY PLAN SECTION 6. Section 39 -89 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 39 -89. Phasing. Phasing shall refer to the city council action of declaring water conservation Phase 1, 2, or 3 by resolution. SECTION 7. Section 39 -90 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 39 -90. Billing Unit. Billing unit means the unit of water rates for purpose of calculating water charges for a person's water usage and equals one hundred (100) cubic feet or seven hundred forty eight (748) gallons of water. SECTION 8. Section 39 -91 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 39 -91, Base Year. Base year is the twelve (12) month period designated by council to be the reference period for the water consumption reduction goal. SECTION 9. Section 39 -92 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 39 -92. Measurable Rainfall. For the purpose of this Article, measurable rainfall is defined as a rain storm that causes 0.5 inches of precipitation over a 24 hour period on all or a portion of the City. Ordinance No. NS -2877 Page 3 of 12 SECTION 10. Section 39 -93 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 39 -93. Newly constructed homes and buildings. Newly constructed homes and buildings means homes and buildings that have been issued a building permit by the City after May 31, 2015, SECTION 11. Section 39 -105 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -105. Determination of conservation phase. The city council shall make findings of water supply shortage and declare the applicable water conservation phase by resolution. The implemented phase of the water supply shortage shall be in effect until the city council declares that the water supply shortage has ended or until another phase has been implemented. SECTION 12. Section 39 -106 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -106. Permanent Water Conservation Requirements - Prohibition Against Water Wasting. 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) Watering of lawn, landscape or other turf areas except between the hours of 6:00 p.m. and 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 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 re- circulating system is prohibited. Ordinance No. NS -2877 Page 4 of 12 (4) 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. (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 clean 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 - recirculating 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. (13) The use of water to irrigate outdoor landscapes during or within 48 hours after measurable rainfall. (14) The irrigation with potable water of ornamental turf on public street medians. (15) The irrigation with potable water outside of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. Ordinance No. NS -2877 Page 5 of 12 SECTION 13. Section 39 -107 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -107. Phase 1 Water Supply Shortage. Upon the declaration by the council of a Phase 1 water supply shortage, council will implement the mandatory Phase 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 Phase 1 water supply shortage: (1) Restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day or Monday, Thursday, and Saturday. 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 lawn, landscape or other turf areas of commercial nurseries or golf courses shall be allowed 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 base year as set by council, such percentage to be determined by city council and set forth in the resolution declaring Phase 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 14. Section 39 -108 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -108. Phase 2 Water Supply Shortage. Upon the declaration by the council of a Phase 2 water supply shortage, council will implement the mandatory Phase 2 conservation measures identified in this 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 Phase 2 water supply shortage: (1) Watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than two days per week or Monday and Thursday. Ordinance No. NS -2877 Page 6 of 12 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) It is prohibited to water lawn, landscape or other turf areas of commercial nurseries or golf courses more often than every other day and watering shall only occur between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) It is prohibited to use water from fire hydrants except for firefighting 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 base year as set by council, such percentage to be determined by City council and set forth in the resolution declaring Phase 2 water supply 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 with 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 15. Section 39 -109 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -109, Phase 3 Water Supply Shortage — Emergency Condition. Upon the declaration of a Phase 3 water supply shortage, the council will implement the mandatory Phase 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 Phase 3 water supply 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 a hand -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; Ordinance No. NS -2877 Page 7 of 12 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 restriction 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. (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 base year as set by council, such percentage to be determined by city council and set forth in the resolution declaring Phase 3. There shall be no restriction on the use of reclaimed water under this provision SECTION 16. Section 39 -110 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -110. 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 supply 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. (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 Ordinance No, NS -2877 Page 8 of 12 circulation within the city and shall become effective immediately upon such publication (c) The provision of section 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. (d) For the purpose of determining compliance with the water use reductions in sections 39 -107 (3), 39 -108 (4), and 39 -109 (4), commercial, industrial and institutional users can request that water use reduction is calculated on an aggregate basis on all accounts owned by the same user. The request shall be considered and approved by the Director of the Public Works Agency. (e) For new water accounts and accounts without historical water use in the base year, water use reduction level shall be based on the average base year use of similar types of users in the city. SECTION 17. Section 39 -111 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -111. Cumulative penalties. 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 cumulative with any other section of this Code or State law. All monies collected by the City pursuant to any of the penalty provisions of this Article shall be deposited in the Water Stewardship fund, to be used for Water Conservation outreach and education activities. SECTION 18. Section 39 -112 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -112. Enforcement and Penalties for Violation of Water Allocation Requirements. 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 in the utility bill of the fact of a first violation to the customer. (2) Second and subsequent violations. The director of public works or his designee shall issue a written notice in the utility bill of the fact of a second and subsequent violation to the customer. For violations, within the preceding twelve (12) calendar Ordinance No. NS -2877 Page 9 of 12 months, the director of public works or his designee shall impose a surcharge in an amount, set by the city council, on the water use in excess of the water allocation requirements. (3) Gross Violations. Customers who have three violations within a twelve (12) month period shall be deemed gross violators and shall be subject to the installation of a flow restrictor device as determined by the Director of Public Works or his designee. The charge for installing and removing a flow- 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 19. Section 39 -114 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -114. Exemption. Single- family residential customers shall not be required to reduce consumption below eighteen (18) billing units per bi- monthly billing period during water supply shortage Phase 1. 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 supply shortage Phase 1. For water shortage Phases 2 and 3, the bi- monthly exemption amount for single family and multi - family customers shall be determined by the city council as set forth in the resolution declaring a water supply shortage Phase 2 or 3. SECTION 20. Section 39 -115 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39 -115. Notice of Violation of Provisions other than Water Allocation Requirements. 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: a. By giving the notice to the customer personally; or 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 Ordinance No. NS -2877 Page 10 of 12 c. If a person of suitable age or discretion cannot be found, then by affixing 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. (3) A second and subsequent violation, within the preceding twelve (12) calendar months of the first notice of violation, is punishable by a fine not to exceed five hundred dollars ($500) per notice. SECTION 21. 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 19" day of May, 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Sandoval Ch f Assistant City Attorney Ordinance No. NS -2877 Page 11 of 12 AYES: Councilmembers: Amezcua Benavides Martinez, Pulido, Reyna, Sarmiento (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Tinajero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2877 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 19, 2015 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: S Ordinance No. NS -2877 Page 12 of 12 Clerk of the Council City of Santa Ana