HomeMy WebLinkAboutNS-2781 - Amending Chapter 39 of Santa Ana Municipal Code Relating to Conservation of Public Water Supply
Uxs 04/03/09)
ORDINANCE NO. NS-2781
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 the City Council, but rather such
provisions are repeated for tracking purposes only in conformance with the
Charter
Ordinance No. NS-2781
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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 a hand-held bucket, or
hand-held hose equipped with a positive self-closing water shut-off device is
prohibited.
Ordinance No. NS-2781
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(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.
(1 0) 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.
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(12)No Installation of Non-re-circulating in commercial car. wash .a~d I~undry
systems: Installation of non-re-circulating water systems IS prohibited In new
commercial conveyor car wash and new commercial laundry systems.
Section 9. Section 39-1070f 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 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 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:
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:
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(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, 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:
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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;
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 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
Ordinance No. NS-2781
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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:
(1) First violation. The director of public works or his designee shall issue a written
notice of the fact of a first violation to the customer.
(2) Second violation. For a second violation the director of public works or his
designee shall impose a surcharge in an amount equal to fifteen (15) per cent of
the customer's water bill.
(3) Third and subsequent violations. For a third and each subsequent violation, the
director of public works or his designee shall install a flow-restricting device of
one (1) gallon per minute capacity for services up to one and one-half (1 1/2)
inches size, and comparatively sized restrictors for larger services, on the service
of the customer at the premises at which the violation occurred for a period of not
less than forty-eight (48) hours. The department shall charge the customer the
reasonable costs incurred for installing and for removing the flow-restricting
devices and for restoration of normal service. The charge for installing and
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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;
(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 a permit-constructed swimming pool; and
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(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.
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
Ordinance No. NS-2781
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through the regular mail to the address at which the customer is
normally billed; or
c. If a person of suitable age or discretion cannot be found, then by
affixing a copy in a conspicuous place at the premises at which the
violation occurred and also sending a copy through the regular mail
to the address at which the customer is normally billed.
(2) The notice shall contain a description of the facts of the violation, a
statement of the possible penalties for each violation and a statement
informing the customer of his right to a hearing on the merits of the
violation pursuant to section 39-116.
Section 18. Section 39-116 of the Santa Ana Municipal Code is hereby added
such that it reads as follows:
Sec. 39-116. Hearing regarding violation.
(a) Any customer receiving notice of a second or subsequent violation shall
have a right to an informal hearing by the director of public works or his
designee, provided that a written request for hearing is filed within fifteen
(15) days from the date of the notice of violation and the customer
deposits with the city a sum equal to the billed surcharge and pays all
other outstanding water charges.
(b) The customer's timely written request for a hearing shall automatically stay
installation of a flow-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 anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this 20th day of April, 2009.
Ordinance No. NS-2781
Page 10 of 11
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES: Council members: Alvarez. Benavides. Bustamante, Martinez.
Pulido. Sarmiento. Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
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-2781 to be the original ordinance adopted by the City
Council of the City of Santa Ana on April 20. 2009, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
I
il'1, 'j/; 9
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I~l-~"
Clerk of the Council
City of Santa Ana
Date:
Ordinance No. NS-2781
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