HomeMy WebLinkAboutNS-2877 - Amending Chapter 39, Article VI of Santa Ana Municipal Code Relating to Water Shortage Contingency PlanQxs 05- 14 -15)
ORDINANCE NO. NS -2877
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING CHAPTER 39, ARTICLE VI OF THE SANTA
ANA MUNICIPAL CODE RELATING TO WATER
SHORTAGE CONTINGENCY PLAN
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. Article X, section 2 of the California Constitution declares that waters of
the State are to be put to beneficial use, that waste, unreasonable use, or
unreasonable method of use of water be prevented, and that water be
conserved for the public welfare.
B. The State of California continues to experience severe drought conditions.
C. Conservation of current water supplies and minimization of the effects of
water supply shortages that are the result of drought are essential to the
public health, safety and welfare.
D. Regulation of the time of certain water use, manner of certain water use,
design of rates, method of application of water for certain uses, and
installation and use of water - saving devices, provide an effective and
immediately available means of conserving water.
E. On April 1, 2015, Governor Jerry Brown issued an executive order to cities
and towns across California to cut water use by 25% as part of a
sweeping set of mandatory drought restrictions, the first in state history.
F. On April 1, 2015, State water officials measured the lowest April 1
snowpack in more than 60 years of record - keeping in the Sierra Nevada.
G. On April 14, 2015, the Governing Board of the Metropolitan Water District
( "MWD ") took action to reduce water deliveries to its member agencies,
including the City of Santa Ana, effective July 1, 2015.
H. Because of the action taken by the MWD, beginning July 1, 2015, the
City's water deliveries will be reduced by 15 %.
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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.
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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.
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SECTION 10. Section 39 -93 of the Santa Ana Municipal Code is hereby added
such that it reads as follows:
Sec. 39 -93. Newly constructed homes and buildings.
Newly constructed homes and buildings means homes and buildings that have
been issued a building permit by the City after May 31, 2015,
SECTION 11. Section 39 -105 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows:
Sec. 39 -105. Determination of conservation phase.
The city council shall make findings of water supply shortage and declare the
applicable water conservation phase by resolution.
The implemented phase of the water supply shortage shall be in effect until the city
council declares that the water supply shortage has ended or until another phase has
been implemented.
SECTION 12. Section 39 -106 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows:
Sec. 39 -106. Permanent Water Conservation Requirements - Prohibition Against
Water Wasting.
The following water conservation requirements are effective at all times and are
permanent. Violations of this section will be considered waste and an unreasonable use
of water:
(1) Washing down sidewalks, walkways, driveways, parking areas or other paved
surfaces, except as is required to dispose of dangerous liquids or alleviate
safety or sanitary hazards and then only by use of a hand -held bucket, or hand-
held hose equipped with a positive self - closing water shut -off device is
prohibited.
(2) Watering of lawn, landscape or other turf areas except between the hours of 6:00
p.m. and 9:00 a.m. is prohibited, except by use of a hand -water shut -off nozzle
or device, or for very short periods of time for the express purpose of adjusting
or repairing an irrigation system.
(3) The use of water to clean, fill or maintain levels in decorative fountains, ponds,
lakes or other similar aesthetic structures unless such water is part of a re-
circulating system is prohibited.
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(4) No restaurant, hotel, cafe, cafeteria or other public place where food is sold,
served or offered for sale shall serve drinking water to any customer unless
expressly requested.
(5) Using water to wash or clean a vehicle, including but not limited to any
automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by
use of a hand -held bucket or hand -held hose equipped with a positive self -
closing water shut -off nozzle or device. This subsection does not apply to any
commercial car washing facility.
(6) Hotels, motels and other commercial lodging establishments must provide
customers the option of not having towels and linen laundered daily.
Commercial lodging establishments must prominently display notice of this
option in each bathroom using clean and easily understood language.
(7) Food preparation establishments such as restaurants or cafes, are prohibited
from using non -water conserving dish wash spray valves.
(8) All leaks, breaks, or other malfunctions in the water user's plumbing or
distribution system must be repaired within seventy -two (72) hours of
notification by the City, unless other arrangements are made with the City.
(9) No installation of single pass cooling system: Installation of single pass cooling
systems is prohibited in buildings requesting new water service.
(10) Commercial Car Wash System: Effective on January 1, 2012, all commercial
conveyor car wash systems must have installed operational re- circulating water
systems, or must have secured a waiver of this requirement from the City.
(11) Watering or irrigating of any lawn, landscape or other vegetated area in a
manner that causes or allows excessive water flow or runoff onto an adjoining
sidewalk, driveway, street, alley gutter or ditch is prohibited.
(12) No installation of non - recirculating in commercial car wash and laundry
systems: Installation of non -re- circulating water systems is prohibited in new
commercial conveyor car wash and new commercial laundry systems.
(13) The use of water to irrigate outdoor landscapes during or within 48 hours after
measurable rainfall.
(14) The irrigation with potable water of ornamental turf on public street medians.
(15) The irrigation with potable water outside of landscapes outside of newly
constructed homes and buildings in a manner inconsistent with regulations or
other requirements established by the California Building Standards
Commission and the Department of Housing and Community Development.
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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.
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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;
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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
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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
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months, the director of public works or his designee shall impose a surcharge in
an amount, set by the city council, on the water use in excess of the water
allocation requirements.
(3) Gross Violations. Customers who have three violations within a twelve (12) month
period shall be deemed gross violators and shall be subject to the installation of a
flow restrictor device as determined by the Director of Public Works or his
designee. The charge for installing and removing a flow- restricting device and
any other penalties or charges due the city from the customer or due from any
person who has applied for water service, shall be paid before normal service can
be restored.
SECTION 19. Section 39 -114 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows:
Sec. 39 -114. Exemption.
Single- family residential customers shall not be required to reduce consumption
below eighteen (18) billing units per bi- monthly billing period during water supply shortage
Phase 1. Multi- family residential customers shall not be required to reduce consumption
below eighteen (18) billing units per bi- monthly billing period for each dwelling unit during
water supply shortage Phase 1.
For water shortage Phases 2 and 3, the bi- monthly exemption amount for single
family and multi - family customers shall be determined by the city council as set forth in the
resolution declaring a water supply shortage Phase 2 or 3.
SECTION 20. Section 39 -115 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows:
Sec. 39 -115. Notice of Violation of Provisions other than Water Allocation
Requirements.
For violations of this Article not related to sections 39- 107(3) and 39- 108(4) and 39-
109(4) requiring curtailment in the use of water, the director of public works or his
designee shall give notice of violation to the customer committing the violation as
follows:
(1) Notice of violation shall be given in writing in the following manner:
a. By giving the notice to the customer personally; or
If the customer is absent from" or unavailable at the premises at which
the violation occurred, by leaving a copy with some person of suitable
age and discretion at the premises and sending a copy through the regular
mail to the address at which the customer is normally billed; or
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c. If a person of suitable age or discretion cannot be found, then by affixing copy
in a conspicuous place at the premises at which the violation occurred and
also sending a copy through the regular mail to the address at which the
customer is normally billed.
(2) The notice shall contain a description of the facts of the violation, a statement of
the possible penalties for each violation and a statement informing the customer of
his right to a hearing on the merits of the violation pursuant to section 39 -116.
(3) A second and subsequent violation, within the preceding twelve (12) calendar
months of the first notice of violation, is punishable by a fine not to exceed five
hundred dollars ($500) per notice.
SECTION 21. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The city council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this 19" day of May, 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Sandoval
Ch f Assistant City Attorney
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AYES: Councilmembers: Amezcua Benavides Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Tinajero (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -2877 to be the original ordinance adopted by the City Council of the
City of Santa Ana on May 19, 2015 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: S
Ordinance No. NS -2877
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Clerk of the Council
City of Santa Ana