HomeMy WebLinkAbout2015-047 - Adopting Penalties for Noncompliance with Water Conservationjxs 07/22/2015
RESOLUTION NO. 2015 -047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING PENALTIES FOR
NONCOMPLIANCE WITH WATER CONSERVATION
TARGETS DURING PHASE 2 WATER SHORTAGE PERIOD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. 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.
B. 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.
C. 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.
D. Because of the action taken by the MWD, beginning July 1, 2015, the
City's water deliveries will be reduced by 15 %.
E. 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.
F. The State of California's Drought Emergency Water Conservation
regulations provide that the City of Santa Ana must reduce its monthly
total potable water production by 12 %, using 2013 as the base year.
G. On May 19, 2015, the City Council adopted a Water Conservation
Ordinance (Ord. No. NS -2877) pursuant to Water Code §§ 375, et seq.
which provided further guidance as to the different types of water
conservation requirements and restrictions that correspond to the different
water shortage levels.
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H. On June 2, 2015, the City Council, as the governing body of the City of
Santa Ana Water Resources Division, a water distributor, declared that
water shortage emergency conditions prevail within the area served by the
City and, pursuant to Santa Ana Municipal Code section 39 -105 and
Water Code sections 350 and 353, the City Council declared a Phase 2
Water Supply Shortage and ordered that water customers must reduce
their monthly total potable water consumption by 12 %, using 2013 as the
base year.
Section 2. Pursuant to Santa Ana Municipal Code sections 39 -111 and 39 -112
and consistent with California Water Code sections 375 and 377, and for the reasons
set forth herein, the City Council declares that water customers that do not reduce their
monthly total potable water consumption by 12 %, using 2013 as the base year, will be
subject to a penalty of $4.65 per hundred cubic feet (HCF) for water used in excess of
the customer's conservation target. This volumetric penalty will be assessed only on
water use beyond the conservation target. Relief from compliance from Phase 2 water
use curtailment provisions shall be available upon proper showing under Santa Ana
Municipal Code Section 39 -113.
Section 3. The sole purpose of the penalty /fine is to compel water users to
comply with enacted water conservation use restrictions as required by both the City's
and State's emergency drought regulations.
Section 4. All monies collected from the established volumetric penalties are
restricted and will only be used in water conservation related expenses.
Section 5. The administrative appeal procedures that shall govern the
imposition, enforcement, collection and administrative review of the volumetric penalties
imposed for failure to comply with water curtailment shall be those procedures
contained in Chapter 3 of the Santa Ana Municipal Code.
Section 6. The penalties in this resolution shall remain in effect until the supply
of water available for distribution within such area has been replenished or augmented,
at which time the City Council will declare an end to the water shortage emergency by
resolution.
Section 7. All customers are urged to reduce water usage by following water
conservation practices inside and outside the home.
Section 8. Business owners are encouraged to take steps to improve their
water use processes.
Section 9. The City encourages infrastructure upgrades to the water system
involving (1) technology which provides up -to -date use information and trends to
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residents and business owners through a web -based customer engagement system,
and (2) leak detection systems which allow early detection of water leaks to minimize
waste and conserve water.
Section 10. The City Council agrees to support actions which deal with the
current drought conditions and calls for increased awareness and extraordinary
conservation of our precious resource.
Section 11. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 4t" day of August, 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By.
JoA4 Sandoval,
Cif Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers:
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
r
/Vincent Sarmiento, Mayor Pro Tern
for Miguel A. Pulido, Mayor
Amezcua, Benavides, Revna, Sarmiento (4)
None (0)
Martinez, Pulido, Tinaiero (3)
Resolution No, 2015 -047
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached
Resolution No 2015 -047 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 4, 2015.
Datej --
Clerk of the Council
City of Santa Ana
Resolution No. 2015 -047
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