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Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Ordinance Amending the Santa Ana Municipal Code
AGENDA TITLE
Public Hearing - Consider an Ordinance Amending Chapter 39 of the Santa Ana
Municipal Code Related to the Water Shortage Contingency Plan
RECOMMENDED ACTION
Approve first reading of an ordinance amending Chapter 39 of the Municipal Code related
to the Water Shortage Contingency Plan.
DISCUSSION
On May 19, 2015, the City adopted Ordinance No. NS-2877 (Exhibit 1) in response to the
severe drought conditions affecting the state. The ordinance outlines water conservation
measures for City water customers based on the water supply shortage level declared by
the City Council.
In 2018, the California Legislature modified the Urban Water Management Plan Act to
include additional water shortage planning requirements. The California Water Code has
also received significant updates since 2015, specifically to Code Section 10632.1 (2018)
and Section 10632.5 (2018). These sections now mandate new elements to Urban Water
Management and Water Shortage Contingency Plans, including an annual drought risk
assessment and statewide water use prohibitions. The City's 2020 Urban Water
Management Plan (UWMP) and 2020 Water Shortage Contingency Plan (WSCP), both
adopted on June 1, 2021, incorporated these updates.
To align with current state legislation and be consistent with the California Water Code,
as well as the City's 2020 UWMP and 2020 WSCP, the Public Works Agency
recommends amending the Santa Ana Municipal Code Chapter 39 Article VI (Exhibit 2).
The proposed ordinance incorporates the requirements mentioned above and further
defines water shortage levels and allowable uses associated with each level.
ENVIRONMENTAL IMPACT
There is no environmental impact is associated with the action.
Ordinance Amending Water Conservation Phases
March 15, 2022
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Current Ordinance (No. NS-2877)
2. Proposed Ordinance
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
Oxs 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. 39-106. 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.
(5) 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
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
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,
months of the first notice of violation,
hundred dollars ($500) per notice.
within the preceding twelve (12) calendar
is punishable by a fine not to exceed five
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 19th 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
NOES: Councilmembers: None 0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Tinaiero (1) T
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: I / 1
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2877
Page 12 of 12
EXHIBIT 2
brs 2/28/22
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING AND
REENACTING IN ITS ENTIRETY ARTICLE VI OF
CHAPTER 39 OF THE SANTA ANA MUNICIPAL
CODE RELATING TO WATER CONSERVATION
WHEREAS, California Water Code Section 375 et seq. authorizes the adoption of
a water conservation ordinance after notice and a public hearing; and
WHEREAS, in order to conserve water supplies, California Water Code Section
375 et seq. permits public entities that supply water at retail to: (1) adopt water
conservation programs; and (2) enforce such programs. To minimize or avoid any future
shortage, the City Council therefore establishes this comprehensive water conservation
program pursuant to California Water Code Section 375 et seq. and the City's police
power; and
WHEREAS, a reliable minimum supply of potable water is essential to the public
health, safety and welfare of the people and economy of the southern California region;
and
WHEREAS, the protection, conservation, and management of local and imported
water supplies are one of the main functions of the City of Santa Ana as a domestic water
purveyor. The City has the power to perform all acts necessary to carry out fully the
provision of California Water Code Section 375, to establish rules and regulations for the
distribution of use of water, and to undertake a water conservation program to promote
efficient water use and reduce water waste; and
WHEREAS, wasteful water use practices constitute a potential threat to, and an
unacceptable diminution of, the City's water supplies. The prevention of water waste is
an economically and environmentally feasible way to protect, conserve, and prevent
unacceptable diminution of the City's water supplies; and
WHEREAS, careful water management that includes active water conservation
measures not only in times of drought, but at all times, is essential to ensure a reliable
minimum supply of water to meet current and future water supply needs; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city
or county may make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general laws; and
Ordinance No. NS-XXX
Page 1 of 18
brs 2/28/22
WHEREAS, Article X, Section 2 of the California Constitution declares that the
general welfare requires that water resources be put to beneficial use, waste or
unreasonable use or unreasonable method of use of water be prevented, and
conservation of water be fully exercised with a view to the reasonable and beneficial use
thereof; and
WHEREAS, California Water Code Section 375 authorizes water suppliers to
adopt and enforce a comprehensive water conservation program to reduce water
consumption and conserve supplies; and
WHEREAS, contamination, drought, or failure of the water system infrastructure
may lead to a potable water shortage emergency in the City's water supplies; and
WHEREAS, California, including Orange County, experienced significant dry year
conditions in 2012-2017, which led local water agencies to declare water shortage
conditions that triggered drought actions; and
WHEREAS, the City has experienced a direct impact on the reliability of available
water supplies. The City's reliability was increased through customer curtailment due to
demand management measures implemented with the passing of City Ordinance No. NS-
2877 in 2015. These actions are specified in the adopted 2020 Urban Water Management
Plan and 2020 Water Shortage Contingency Plan, based on levels of drought severity,
and provide the legal authority for implementation and enforcement; and
WHEREAS, following the end of the drought, the California Legislature modified
the Urban Water Management Planning Act in 2018 to include additional water shortage
planning requirements. California Water Code has significant updates, specifically to
Water Code Section 10632.1 and Section 10632.5 that now mandate new elements to
Urban Water Management and Water Shortage Contingency Plans, including an annual
drought risk assessment, State Water Shortage Levels and statewide water use
prohibitions; and
WHEREAS, as of July 1, 2021, the City is required to prepare an Annual Water
Supply and Demand Assessment and Drought Risk Assessment as part of the Urban
Water Management Plan for submission to the California Department of Water
Resources. Annually, by July 1st of each year, beginning in 2022, the City is required to
monitor, report and if declared a drought emergency, then notify the Department of Water
Resources, in order to comply with the State's Water Code 10632.1 reporting
requirements; and
WHEREAS, the City adopted a 2020 Urban Water Management Plan that includes
water conservation as a necessary and effective component of providing a reliable supply
of water to meet the needs of its water customers. The City's Urban Water Management
Plan also includes the City's 2020 Water Shortage Contingency Plan; and
Ordinance No. NS-XXX
Page 2 of 18
brs 2/28/22
WHEREAS, the City's Water Shortage Contingency Plan establishes standards
and procedures to enable implementation and enforcement of local water shortage
contingency measures. These measures align with the State of California, Water Code
Section 353 which specifies that "when the governing body has so determined and
declared the existence of an emergency condition of water shortage within its service
area, it shall thereupon adopt such regulations and restrictions on the delivery of water
and the consumption within said area of water supplied for public use as will in the sound
discretion of such governing body conserve the water supply for the greatest public
benefit with particular regard to domestic use, sanitation, and fire prevention"; and
WHEREAS, the City currently has a water conservation ordinance set forth in
Article VI of Chapter 39 of the Santa Ana Municipal Code; and
WHEREAS, the City wishes to update this ordinance to be consistent with the new
requirements of the updated California Water Code Section 10632 and the City's updated
2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan; and
WHEREAS, to effectively update Article VI of Chapter 39, it is necessary that
Article VI of Chapter 39 be repealed and reenacted.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 39 of Article VI of the Santa Ana Municipal Code is hereby
repealed in its entirety.
Section 2. Chapter 39 of Article VI of the Santa Ana Municipal Code is hereby
reenacted in its entirety to read as follows:
ARTICLE VI. WATER CONSERVATION
DIVISION 1. GENERALLY
Sec. 39-84. — Purpose.
This article establishes water management requirements necessary to conserve water,
enable effective water supply planning, assure reasonable and beneficial use of water,
prevent waste of water, and prevent unreasonable method of use of water within the City
of Santa Ana in order to assure adequate supplies of water to meet the needs of the
public, and further the public health, safety, and welfare, recognizing that water is a scarce
natural resource that requires careful management not only in times of drought, but at all
times.
Sec. 39-85 — 39-87. — Reserved.
DIVISION 2. — DEFINITIONS
Ordinance No. NS-XXX
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Sec. 39-88. —Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words
and phrases used in this article are defined as follows:
"City" shall mean the City of Santa Ana, Orange County, California.
"City Manager" means the chief administrative officer of the City of Santa Ana
appointed by the City Council.
"Cost" means the actual cost to the Utility, including all labor, material, supplies,
equipment and miscellaneous items, together with any applicable indirect and general
charges, plus the general administrative overhead, in accordance with the accounting
practices of the Utility.
"Customer" means water customer or water user.
"Executive Director of Public Works" means the chief administrative officer of the
Public Works Agency of the City of Santa Ana, or his or her designee.
"Flow restricting device" or "flow restrictor" means a fitting inserted into the service
connection to reduce flow capacity.
"Grower" refers to those engaged in the growing plant material or raising animals.
"Landscape Irrigation System" means an irrigation system with pipes, hoses, spray
heads, or sprinkling devices that are operated by hand or through an automated
system.
"New construction" means, for the purposes of this article, a new building with a
landscape or other new landscape such as a park, playground, or greenbelt without
an associated building.
"Permit" means an authorizing document issued by local agencies for new
construction or rehabilitated landscape.
"Person" shall mean any natural person, corporation, partnership, government entity
or subdivision, trust, estate, cooperative association, joint venture, business entity, or
other similar entity, or the agent, employee or representative of any of the above.
"Potable Water" means water that is suitable for drinking.
"Recycled water" or "reclaimed water" means treated or recycled waste water of a
quality suitable for non -potable uses such as landscape irrigation and water features.
This water is not intended for human consumption.
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"Service connection" means the pipe or tubing, fittings, and valves necessary to
conduct water from the distribution main to and through the meter.
"Single Pass Cooling Systems" means equipment where water is circulated only once
to cool equipment before being disposed.
"Valve" means a device used to control the flow of water.
"Water Allocation" shall mean the amount of water a customer may use in a billing
cycle pursuant to this article.
"Water customer" means the person in whose name service is rendered as evidenced
by the signature on the application, contract or agreement for that service, or in the
absence of a signed instrument, by the receipt and payment of bills regularly issued
in his/her name, regardless of the identity of the actual user of the service.
"Water feature" or "feature" means a design element where open water performs an
aesthetic or recreational function. Water features include ponds, lakes, waterfalls,
fountains, artificial streams, spas, and swimming pools (where water is artificially
supplied). The surface area of water features is included in the high water use
hydrozone of the landscaped area. Constructed wetlands used for on -site wastewater
treatment, habitat protection or storm water best management practices that are not
irrigated and used solely for water treatment or storm water retention are not water
features and, therefore, are not subject to the water budget calculation.
"Water Shortage Emergency" shall mean a condition existing within the City of Santa
Ana in which the ordinary water demands and requirements of persons within the City
cannot be satisfied without depleting the water supply of the City to the extent that
there would be insufficient water for human consumption, sanitation, and fire
protection. A water shortage emergency includes both an immediate emergency, in
which the City is unable to meet current water needs of persons within its jurisdiction,
as well as a threatened water shortage, in which the City determines that its supply
cannot meet an increased future demand.
"Water user" means any user of water including a water customer.
DIVISION 3. — RESERVED.
Sec. 39-89 — 39-95. — Reserved.
DIVISION 4. — REGULATIONS GOVERNING WATER CONSERVATION
PHASES
Sec. 39-96. — Applications.
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(a) The provisions of this article apply to any Customer, Person, and property using
water provided by and/or used within the City.
(b) The provisions of this article do not apply to uses of water necessary to protect
public health and safety or for essential government services, such as police, fire,
and other similar emergency services.
(c) The provisions of this article do not apply to the use of Recycled Water, with the
exception of Section 39-99, as Recycled Water is considered a valuable source of
water.
(d) The provisions of this article do not apply to the use of water by commercial
nurseries and commercial growers to sustain plants, trees, shrubs, crops or other
vegetation intended for commercial sale, with the exception of Section 39-99.
(e) The provisions of this article do not apply to the use of water from private wells,
with the exception of Section 39-99.
(f) This article is intended solely to further the conservation of water. It is not intended
to implement any provision of federal, State, or local statutes, ordinances, or
regulations relating to protection of water quality or control of drainage or runoff.
Sec. 39-97. — Procedures for Determination of Water Supply Shortage and Level
Implementation.
(a) Under Water Code Section 10632.1, the City is required to submit a water shortage
assessment "report" to the California Department of Water Resources by July 1 of
each year.
(b) The City will follow a written decision -making process defined in the Water
Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual
basis.
(c) The Executive Director of Public Works will determine if a water shortage exists
based on the water shortage criteria and levels defined in the WSCP.
(d) In the event a water shortage is triggered according to the procedures and
conditions defined in the adopted WSCP, 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.
(e) The public will be informed of the shortage according to the Procedures and
Protocols for Communication identified in Section 39-98 of this Ordinance.
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(f) Subject to subsequent ratification by the City Council, when the Executive Director
of Public Works determines that a sudden event has, or threatens to, significantly
diminish the reliability or quality of the City's water supply, the Executive Director
of Public Works may declare a catastrophic water supply shortage and impose
emergency water allocation or conservation actions as deemed necessary, in the
Executive Director of Public Works' professional judgment, to protect the reliability
and quality of the City's water supply, until the emergency passes or the City takes
other action.
Sec. 39-98. — Procedures and Protocols for Communication.
Upon declaration of a Water Shortage, the City will inform all relevant stakeholders, such
as Customers, the public, interested parties, and local, regional, and state governments,
of the effective date of the water shortage response actions associated with the relevant
level according to the communication procedures identified in the City's WSCP, including:
(a) Any current or predicted shortages as determined by the annual water supply and
demand assessment.
(b) Any shortage response actions triggered or anticipated to be triggered by the
annual water supply and demand assessment.
(c) Any other relevant communications.
Sec. 39-99. — Permanent Water Conservation Requirements — Prohibition Against
Water Waste.
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. Noncompliance with restrictions on water waste shall be subject to an
administrative citation.
(a) Watering of a lawn, landscape or other vegetated area between the hours of 8:00
a.m. and 6:00 p.m. is prohibited. Hand-held water cans, buckets, or similar
containers reasonably used to convey water for irrigation purposes are not subject
to these time restrictions. Similarly, a hand-held hose equipped with a fully
functioning, positive self -closing water shut-off nozzle, may be used during the
otherwise restricted period. If necessary, and for very short periods of time, for the
express purpose of adjusting or repairing a landscape irrigation system, one may
operate a landscape irrigation system during the otherwise restricted period.
(b) Washing down sidewalks, walkways, driveways, parking areas, or other hard or
paved surfaces is prohibited, except to alleviate safety or sanitary hazards using a
handheld container, hose with an automatic shut-off device, or a low -volume high-
pressure cleaning machine that recycles used water.
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(c) Watering or irrigating of any lawn, landscape or other vegetated area in a manner
that causes or allows excessive water flow or runoff from the property onto an
adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
(d) The use of water to irrigate outdoor landscapes during or within forty-eight (48)
hours after measurable rainfall is prohibited.
(e) 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 device or water
shut-off nozzle. This subsection does not apply to any commercial car washing
facility.
(f) 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. The only exceptions shall be a water feature
currently listed in the National Register of Historic Places, where water use is
deemed necessary for the integrity of the feature, or a water feature that has been
issued a waiver from the City.
(g) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or
distribution system must be repaired within seventy-two (72) hours, unless other
arrangements are made with the City.
(h) 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.
(i) Hotels, motels and other commercial lodging establishments must provide
customers the option to opt out of towels and linen laundering service. Commercial
lodging establishments must prominently display notice of this option in each
bathroom using simple and easily understood language.
(j) Food preparation establishments such as restaurants or cafes are prohibited from
using non -water efficient kitchen pre -rinse spray valves.
(k) Installation of single pass cooling systems is prohibited in any new or remodeled
buildings.
(1) 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.
(m) Installation of non -recirculating water systems is prohibited in new commercial
conveyor car wash and new commercial laundry systems unless a waiver from the
City has been obtained.
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(n) Watering or irrigation with a device that is not continuously attended is limited to
fifteen (15) minutes per day per valve. Low flow drip type systems, water efficient
stream rotor systems, and sensor/weather-controlled systems are exempt.
(o) Any new planting should be performed with drought tolerant plants, as listed in the
Metropolitan Water District of Southern California's list of California friendly plants.
(p) Irrigating ornamental turf on public street medians is prohibited.
(q) Use a shutoff nozzle on hoses is required at all times.
(r) Unauthorized use of hydrants is prohibited. Authorization for use must be obtained
from the City.
Sec. 39-100. —Water Shortage Levels.
The City's Water Shortage Contingency Plan defines six water supply shortage levels
corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages
and a greater than 50 percent shortage.
The City Council by resolution shall require or impose reductions in the use of water if
such reductions are necessary in order for the City to comply with water use restrictions
imposed by federal, state or regional water agencies, or to respond to local or regional
water shortage conditions and emergencies, as defined in the City's Water Shortage
Contingency Plan. Depending on the expected duration and severity of the shortage,
these measures may include, but are not limited to, some or all of the water conservation
management measures listed for each of the six (6) water supply shortage levels listed
below and in the WSCP, which shall take effect upon declaration by the City Council. In
an emergency, the Executive Director of Public Works may make the declaration, which
will be ratified by the City Council at a subsequent meeting.
During each elevated water supply shortage level, the water conservation/demand
management measures will include the Permanent Water Conservation Requirements
and the water conservation management measures of the previous level(s). Each level
is intended to be more restrictive than the previous level(s). The City may implement
other prohibited water uses as determined by the City, after notice to Customers.
(a) Water Shortage Level 0
Water Shortage Level 0 exists during periods when the City anticipates no supply
reductions. City's Permanent Water Conservation Requirements (Sec. 39-99) are
in place at all times to prevent waste and unreasonable use of water.
(b) Water Shortage Level 1
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Water Shortage Level 1 exists when the City determines, in its sole discretion, that
due to drought or other water supply restrictions, a water supply shortage exists
and a consumer demand reduction of up to 10% is necessary to make more
efficient use of water and appropriately respond to existing water restrictions. In
addition to the Permanent Water Conservation Requirements, the demand
reduction actions provided in the most recent WSCP apply, including but not
limited to:
(1) Watering of a lawn, landscape or other turf areas between the hours of
6:00 a.m. and 6:00 p.m. is prohibited, except by use of hand-held device,
hose equipped with an automatic shutoff device, or for adjusting or
repairing an irrigation system for short periods of time.
(2) All leaks, breaks, or other malfunctions in the water user's plumbing,
irrigation or distribution system must be repaired within seventy-two (72)
hours of notification by the City, unless other arrangements are made with
the City.
(3) All non -essential water use for public entities shall cease.
(c) Water Shortage Level 2
Water Shortage Level 2 exists when the City determines, in its sole discretion, that
due to drought or other water supply restrictions, a water supply shortage exists
and a consumer demand reduction of 11-20% is necessary to make more efficient
use of water and appropriately respond to existing water restrictions. In addition
to the above -mentioned requirements and Permanent Water Conservation
Requirements, the demand reduction actions provided in the most recent WSCP
apply, including but not limited to:
(1) All leaks, breaks, or other malfunctions in the water user's plumbing,
irrigation or distribution system must be repaired within forty-eight (48)
hours of notification by the City, unless other arrangements are made with
the City.
(2) Irrigation shall be limited to two (2) days per week turf watering when using
potable water. Plant containers, trees, shrubs and vegetable gardens may
be watered additional days using only drip irrigation or hand watering.
(3) Filling or re -filling ornamental lakes is prohibited. Ornamental lakes and
ponds that sustain aquatic life of significant value and were actively
managed prior to the shortage declaration are exempt.
(4) Subject to applicable law, the City may impose drought rates and
surcharges if deemed necessary.
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(5) The City may reduce potable water allocations in all categories to meet the
available water supply.
(d) Water Shortage Level 3
Water Shortage Level 3 exists when the City determines, in its sole discretion, that
due to drought or other water supply restrictions, a water supply shortage exists
and a consumer demand reduction of 21-30% is necessary to make more efficient
use of water and appropriately respond to existing water restrictions. In addition
to the above -mentioned requirements and Permanent Water Conservation
Requirements, the demand reduction actions provided in the most recent WSCP
apply, including but not limited to:
(1) Decorative water features that use potable water must be drained and kept
d ry.
(2) Car washing is only permitted using a commercial car wash that recirculates
water or by high-pressure/low-volume wash systems.
(3) Any new construction will be required to submit a water use plan to the City
that addresses the impacts to the existing water users and how they will be
mitigated (such as dust control, etc.).
(4) Except for landscapes watered with non -potable water, the installation of
new landscaping is limited to drought tolerant trees, shrubs and
groundcovers. Installation of new turf or hydroseed is prohibited.
Customers may apply for a waiver to irrigate during an establishment period
for the installation of new turf or hydroseed.
(5) Turf irrigation shall be limited to 2 days per week when using potable water.
Plant containers, trees, shrubs and vegetable gardens may be watered
additional days using only drip irrigation or hand watering.
(e) Water Shortage Level 4
Water Shortage Level 4 exists when the City determines, in its sole discretion, that
due to drought or other water supply restrictions, a water supply shortage exists
and a consumer demand reduction of 31-40% is necessary to make more efficient
use of water and appropriately respond to existing water restrictions. In addition
to the above -mentioned requirements and Permanent Water Conservation
Requirements, the demand reduction actions provided in the most recent WSCP
apply, including but not limited to:
(1) Irrigation shall be limited to one (1) day per week turf watering when using
potable water. Plant containers, trees, shrubs and vegetable gardens may
be watered additional days using only drip irrigation or hand watering.
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(2) Existing pools shall not be emptied and refilled using potable water, unless
required for public health and safety purposes.
(3) No new permits for pools will be issued.
(4) No new landscape installations or renovations will be permitted.
(5) Previous waivers for watering during an establishment period will be
revoked.
(f) Water Shortage Level 5
Water Shortage Level 5 exists when the City determines, in its sole discretion, that
due to drought or other water supply restrictions, a water supply shortage exists
and a consumer demand reduction of 41-50% is necessary to make more efficient
use of water and appropriately respond to existing water restrictions. In addition
to the above -mentioned requirements and Permanent Water Conservation
Requirements, the demand reduction actions provided in the most recent WSCP
apply, including but not limited to:
(1) All leaks, breaks, or other malfunctions in the water user's plumbing,
irrigation or distribution system must be repaired within twenty-four (24)
hours of notification by the City, unless other arrangements are made with
the City.
(2) All irrigation is prohibited.
(3) Watering for agricultural or commercial nursery purposes is prohibited.
(4) Watering of all golf course areas is prohibited.
(5) Watering of parks, school grounds and recreation fields is prohibited, except
for rare plant or animal species.
(6) No new potable water service connections will be permitted.
(7) Water use is only permitted for public health and safety purposes.
(g) Water Shortage Level 6
Water Shortage Level 6 exists when the City determines, in its sole discretion, that
due to drought or other water supply restrictions, a water supply shortage exists
and a consumer demand reduction of greater than 50% is necessary to make more
efficient use of water and appropriately respond to existing water restrictions. In
addition to the above -mentioned requirements and Permanent Water
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Conservation Requirements, the demand reduction actions provided in the most
recent WSCP apply, including but not limited to:
(1) Water can only be used for public health and safety purposes. Customer
rationing may be implemented.
(2) Water usage for air conditioning is prohibited.
(3) The City may shut off all non -essential water services.
(4) Water for commercial manufacturing or processing purposes shall be
reduced in volume by up to 50% or more if necessary for public health and
safety purposes.
(5) The City of Santa Ana may discontinue service to consumers who willfully
violate any water conservation provisions.
Sec. 39-101. — Correlation Between City Water Supply Shortage Levels and
California Department of Water Resources Water Supply Shortage Levels.
The City's water supply shortage levels are aligned with the State Water Supply Shortage
Levels and therefore comply with Water Code Section 10632(a)(3) as may be updated
from time to time.
Sec. 39-102. — Levels of Declared Water Supply Shortage.
The City Council is authorized to require or impose reductions in the use of water by
resolution if such reductions are necessary to comply with Water Supply Shortage
conditions as defined in the City's Water Shortage Contingency Plan.
Sec. 39-103. — Hardship Waiver.
(a) Waiver: If, due to unique circumstances, a specific requirement of this article would
result in undue hardship to a Person using water or to property upon which water
is used, then the Person may apply for a waiver from the requirements as provided
in this section. Unless specified otherwise at the time a waiver is approved, the
waiver will apply to the subject property during the period of the mandatory water
supply shortage condition.
(1) Application for a Waiver. Application for a waiver must be on a form
prescribed by the Executive Director of the Public Works Agency, or his or
her designee.
(2) Supporting Documentation. The written application shall be accompanied
by photographs, maps, drawings, or other pertinent information as
applicable, including a written statement of the applicant.
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(3) Required Findings for Waiver. Based on the information and supporting
documents provided in the application, additional information provided as
requested, and water use information for the property as shown by the
records of the City, the Executive Director of the Public Works Agency, or
designee, in making the waiver determination, will take into consideration
the following:
(A) That the waiver does not constitute a grant of special privilege
inconsistent with the limitation upon other City water service
Customers;
(B) That because of special circumstances applicable to the property
or its use, the strict application of this article would have a
disproportionate impact on the property or use that exceeds the
impacts to water service Customers generally;
(C) That the authorizing of such waiver will not be of substantial
detriment to adjacent properties, and will not materially affect the
ability of the City to effectuate the purpose of this article and will
not be detrimental to the public interest;
(D) That the condition or situation of the subject property or the
intended use of the property for which the waiver is sought is not
common, recurrent or general in nature; and
(E) That no Person shall be given relief on appeal for hardship unless
the water service Customer has installed water saving devices,
as determined by the City, and made every reasonable effort to
reduce water use.
(b) Approval Authority. The Executive Director of the Public Works Agency, or
designee, will act upon any completed application after submittal and may
approve, conditionally approve, or deny the waiver. The applicant requesting the
waiver will be promptly notified in writing of the action taken. The decision of the
Executive Director of the Public Works Agency, or designee, is final.
Sec. 39-104. — Penalties, Violations, and Enforcement.
Noncompliance with restrictions on water waste shall be subject to an administrative
citation. The penalties set forth in this section shall be additional to those penalties
provided in any other section of this Code. The penalties for failure to comply with any of
the prohibited use provisions of this article shall be as follows:
(a) First Violation: The City shall issue a written notice pursuant to section 39-105.
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(b) Second Violation: A second violation within one year from the date of the first
violation is punishable by a fine of Two Hundred Fifty Dollars ($250).
(c) Third and Subsequent Violation(s): A third violation within one year from the date
of the first violation and any subsequent violation is punishable by a fine of Five
Hundred Dollars ($500) per notice. In addition to the fine and at the discretion of
the Executive Director of Public Works, or his or her designee, the City may
implement one or more of the following:
(1) Water Flow Restrictor Device: The City may install a water flow restrictor
device of approximately one gallon per minute.
(2) Termination of Service: Subject to applicable law, the City may disconnect
and/or terminate a Customer's water service for a willful violation of
mandatory restrictions in this article.
(3) Cost of Restricting Flow or Disconnecting Service: A Person that violates
this article is responsible for payment of the City's charges for disconnecting
and/or reconnecting service. All associated costs and fines must be paid in
full prior to service restoration. Nonpayment will be subject to the same
remedies as nonpayment of basic water rates.
(4) Separate Offenses: Each day that a violation of this ordinance occurs is a
separate offense.
Sec. 39-105. — Notice of Violation.
(a) If any Person fails or refuses to comply with this article, the Executive Director of
Public Works, or his or her designee, shall provide that Person with written notice
of the violation and an opportunity to correct the noncompliance. The written notice
shall:
(1) Be posted or presented at the site of the noncompliance;
(2) State the time, date, and place of violation;
(3) State a general description of the violation;
(4) State the means to correct the violation;
(5) State a date by which correction is required; and,
(6) State the possible consequences of failing to correct the violation.
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(b) The City will issue a Notice of Violation by mail or personal delivery to the address
of the violation, to the party who is billed for the water, or to the owner of the
property, as appropriate at least ten (10) calendar days before taking enforcement
action. Such notice must describe the violation and the date by which corrective
action must be taken.
(c) Pending receipt of a written appeal or pending a hearing pursuant to an appeal,
the City may take appropriate steps to prevent the unauthorized use of water as
appropriate to the nature and extent of the violations and the current declared
Water Shortage Level condition.
Sec. 39-106. — Procedures for Monitoring Compliance and Reporting to the State.
In order to ensure compliance with state reporting requirements and Customer
compliance, the City will ensure to collect, track, and analyze relevant data per the
procedures defined in the WSCP.
Sec. 39-107. — Reevaluation and Improvement Process of Water Shortage
Procedures.
To ensure that water shortage risk tolerance is adequate and appropriate water shortage
mitigation strategies are implemented, the WSCP will be reviewed and evaluated as
defined by the procedures identified in the WSCP as needed.
Sec. 39-108 — 39-116. — Reserved.
Section 3. The City finds that this article and actions taken hereafter pursuant to
this article are exempt from the provisions of the California Environmental Quality Act
(CEQA) as specific actions necessary to prevent or mitigate an emergency pursuant to
Section 15307 of the CEQA Guidelines.
Section 4. 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, sentence, clauses, phrases, or portions are declared invalid or
unconstitutional.
Section 5. This ordinance shall become effective thirty (30) days after its adoption.
Section 6. The Clerk of the Council shall certify the adoption of this ordinance and
shall cause the same to be published as required by law.
Ordinance No. NS-XXX
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ADOPTED this day of , 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify 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
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