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HomeMy WebLinkAbout11A - ORD-WATER SUPPLY(jxs 04/03/09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CONSERVATION OF THE PUBLIC WATER SUPPLY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State is in its third straight year of drought. California's snowpack are significantly low, precipitation currently is only about 70 percent of normal, and nearly all reservoirs are well below acceptable levels for storage. B. The amount of imported water from Northern California has been cut back to half of what it's been in recent years. This year, water supplies are projected to be in the range of 15% to 30% of normal allocations. C. Metropolitan Water District (MWD) is now proposing an allocation to its member agencies, which could result in a 10 to 20% cut back of our imported water. D. The city has been informed that MWD is preparing to implement their allocation about April or May of this year. E. In the event an agency does not cut its water demands back and exceeds its water allocation from MWD, there is a hefty cost associated with it, on the order of 3-4 times the normal cost of their existing tier 2 rate of $695 per acre foot of water. F. MWD also has proposed for all the member agencies to update or implement a Water Conservation Ordinance. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of Ordinance No. NS-XXX Page 1 of 12 11 A-1 the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 39-89 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec.39-89. Reserved Section 4. Section 39-96 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec.39-96. Reserved Section 5. Section 39-97 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec.39-97. Reserved Section 6. Section 39-98 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec.39-98. Reserved Section 7. Section 39-105 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39-105. Determination of Conservation Level. The city council shall make findings of shortage and declare the applicable water conservation Level by resolution. Section 8. 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. 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 Ordinance No. NS-XXX Page 2 of 12 11 A-2 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. (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 clear and easily understood language. (7) Food preparation establishments such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. (8) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the City, unless other arrangements are made with the City. (9) No Installation of Single Pass Cooling System: Installation of single pass cooling systems is prohibited in buildings requesting new water service. (10)Commercial Car Wash System: Effective on January 1, 2012, all commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the City. Ordinance No. NS-XXX Page 3 of 12 11 A-3 (11)Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. (12)No Installation of Non-re-circulating in commercial car wash and laundry systems: Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. Section 9. Section 39-107of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39-107. Water Conservation Level 1 Water Shortage Upon the declaration by the Council of a Level 1 Water Shortage, Council will implement the mandatory Level 1 conservation measures identified in this section. In addition to the prohibited uses of water identified in section 39-106, the following water conservation requirements apply during a declared Level 1 water shortage: (1) Restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) The watering of lawn, landscape or other turt 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 prior calendar year, such percentage to be determined by City Council and set forth in the resolution declaring Level 1. There shall be no restriction on the use of reclaimed water under this provision. (4) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the City, unless other arrangements are made with the City. Section 10. Section 39-108 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS-XXX Page 4 of 12 11 A-4 Sec. 39-108. Water Conservation Level 2 Water Shortage Upon the declaration by the Council of a Level 2 Water Shortage, Council will implement the mandatory Level 2 conservation measures identified in this section. In addition to the prohibited uses of water identified in section 39-106 and section 39-107, the following water conservation requirements .apply during a declared Level 2 water shortage: (1) Watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than two days per week and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) Water lawn, landscape or other turf areas of commercial nurseries or golf courses more often than every other day and shall only water between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) Use water from fire hydrants except for fire fighting and related activities. Other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare. (4) No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the prior calendar year, such percentage to be determined by City Council and set forth in the resolution declaring Level 2 water shortage. There shall be no restriction on the use of reclaimed water under this provision. (5) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the City, unless other arrangements are made with the City. (6) Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. Section 11. Section 39-109 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39-109. Emergency Condition, Level 3 Water Shortage Upon the declaration of a Level 3 water shortage, the Council will implement the mandatory Level 3 conservation measures identified in this section. In addition to the prohibited uses of water identified in section 39-106, Ordinance No. NS-XXX Page 5 of 12 11 A-5 section 39-107 and section 39-108, the following water conservation requirements apply during a declared Level 3 water shortage: (1) Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited. The restriction does not apply to the following categories of use, unless the Council has determined that recycled water is available and may be applied to use: a. Maintenance of vegetation, including trees and shrubs, that are watered using ahand-held bucket or similar container, hand- held hose equipped with a positive self-closing water shut-off nozzle or devise; b. Maintenance of existing landscape necessary for fire protection; c. Maintenance of existing landscape for soil erosion; d. Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week according to the schedule and time restrictions established in section 39-108. (2) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four (24) hours of notification by the City, unless other arrangements are made with the City (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 Ordinance No. NS-XXX Page 6 of 12 11 A-6 the customer's premises during the corresponding billing period of the prior calendar year, such percentage to be determined by City Council and set forth in the resolution declaring Level 3. There shall be no restriction on the use of reclaimed water under this provision. Section 12. Section 39-110 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: 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 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 circulation within the city and shall become effective immediately upon such publication. (c) The provisions of sections 39-107(3) and 39-108(4) and 39-109(4) requiring curtailment in the use of water shall be effective the first full billing period commencing on or after the date of such publication. Section 13. Section 39-111 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39-111. Exclusivity of 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 exclusive and not cumulative with any other section of this Code. Section 14. 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: Ordinance No. NS-XXX 11 A-7 Page 7 of 12 (1) First violation. The director of public works or his designee shall issue a written notice of the fact of a first violation to the customer. (2) Second violation. For a second violation the director of public works or his designee shall impose a surcharge in an amount equal to fifteen (15) per cent of the customer's water bill. (3) Third and subsequent violations. For a third and each subsequent violation, the director of public works or his designee shall install aflow- restricting device of one (1) gallon per minute capacity for services up to one and one-half (1 1/2) inches size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The department shall charge the customer the reasonable costs incurred for installing and for removing the flow-restricting devices and for restoration of normal service. The charge for installing and removing 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 15. Section 39-113 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 39-113. Relief from compliance. (a) A customer may file an application for relief from any provision of this Article. The director of public works shall develop such procedures as necessary to determine such application and shall, upon the filing by the customer of an application for relief, take such steps as reasonably necessary to determine the application for relief. (b) The application for relief may include a request that the customer be relieved, in whole or in part, from the water use curtailment provisions of sections 39-96 through 39-109 and shall contain the basis for such request. (c) In determining whether to grant relief and the nature of any relief, the director of public works shall take into consideration all relevant factors including, but not limited to: (1) Whether any additional reduction in water consumption will result in unemployment; (2) Whether additional members have been added to the household; Ordinance No. NS-XXX Page 8 of 12 11 A-8 (3) Whether any additional landscaped property has been added to the property since the corresponding billing period of the prior calendar year; (4) Changes in vacancy factors in multifamily housing; (5) Increased number of employees in commercial, industrial and governmental offices; (6) Increased production requiring increased process water; (7) Water uses during new construction; (8) Adjustments to water use caused by emergency health or safety hazards; (9) First filling of apermit-constructed swimming pool; and (10) Water use necessary for reasons related to family illness or health. (d) In order to be considered, an application for relief from a resolution must be filed with the department within fifteen (15) days from the date of receipt of the most recent water bill following adoption of such resolution. No relief shall be granted unless the customer shows that he has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. No relief shall be granted to any customer who, when requested by the department, fails to provide any information necessary for resolution of the customer's application for relief. (e) The decision of the director of public works shall be final. Section 16. Section 39-114 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: 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 Shortage Levels 1 and 2. Multi-family residential customers shall not be required to reduce consumption below eighteen (18) billing units per bi-monthly billing period for each dwelling unit during Water Shortage Levels 1 and 2. Ordinance No. NS-XXX Page 9 of 12 11 A-9 For Water Shortage Level 3, the bi-monthly exemption amount for single family and multi-family customers shall be determined by the City Council and set forth in the resolution declaring a Level 3. Section 17. Section 39-115 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: 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 c. If a person of suitable age or discretion cannot be found, then by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed. (2) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his right to a hearing on the merits of the violation pursuant to section 39- 116. Section 18. Section 39-116 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 39-116. Hearing regarding violation. (a) Any customer receiving notice of a second or subsequent violation shall have a right to an informal hearing by the director of public works or his designee, provided that a written request for hearing Ordinance No. NS-XXX Page 10 of 12 11A-10 is filed within fifteen (15) days from the date of the notice of violation and the customer deposits with the city a sum equal to the billed surcharge and pays all other outstanding water charges. (b) The customer's timely written request for a hearing shall automatically stay installation of aflow-restricting device on the customer's premises until the department renders a decision. (c) If it is determined that the surcharge was wrongly assessed, the city will refund any money deposited to the customer. (d) The decision of the director of public works or his designee shall be final. Section 19. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers Ordinance No. NS-XXX Page 11 of 12 11A-11 ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 12 of 12 11A-12