Ordinance Number 1023 URGENCY ORDINANCE NO. 1023
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 6-12.06 OF TITLE 6, CHAPTER 12, OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE PERTAINING TO WATER
CONSERVATION
WHEREAS, the Governor of the State of California has declared a drought
in the State, and the State of California Water Resources Control Board
(SWRCB) has promulgated emergency regulations applicable to all water
consumers and all urban water suppliers (including the City) to conserve water;
and
WHEREAS, Water Code section 1058.5 grants the State Water Board the
authority to adopt emergency regulations in certain drought years in order to:
"prevent the waste, unreasonable use, unreasonable method of use, or
unreasonable method of diversion, of water, to promote water recycling or water
conservation, to require curtailment of diversions when water is not available
under the diverter's priority of right, or in furtherance of any of the foregoing, to
require reporting of diversion or use or the preparation of monitoring reports;" and
WHEREAS, on July 28, 2014, the California Office of Administrative Law
LJ approved the SWRCB regulations approved on July 15, 2014, which required,
among other things, urban water suppliers, such as the City, to implement the
stage of its water shortage contingency plan that imposes mandatory restrictions
on landscape irrigation; and
WHEREAS, the SWRCB is amending and re-adopting the emergency
regulation because of the continuing emergency drought conditions, the need for
prompt action, and the need to act before the July 28, 2014, SWRCB emergency
regulations that expired on April 26, 2015; and
WHEREAS, on March 27, 2015, the California Office of Administrative
Law approved the SWRCB regulations approved on March 17, 2015, which
require, among other things, urban water suppliers, such as the City, to amend
and implement the stage of its water shortage contingency plan that imposes a
mandatory limitation of no more than two (2) days per week outdoor irrigation of
ornamental landscapes or turf with potable water, and prohibits the application of
potable water to outdoor landscapes during and within 48 hours after measurable
rainfall; and
WHEREAS, on August 19, 2014, the City declared a Stage 2 Water
Shortage Contingency Plan and adopted Water Conservation Ordinance No.
1017; and
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WHEREAS, in order to comply with the 2015 SWRCB emergency water
conservation regulations for landscape irrigation, amending Ordinance No. 1017
is necessary to meet all provisions of the revised emergency regulations; and
WHEREAS, the City must continue to report its progress to implement the
emergency regulations, provide descriptive statistics on water conservation
compliance along with enforcement efforts, and understands that the SWRCB
expects all urban water suppliers to have taken necessary actions to implement
the stage of the supplier's water shortage contingency plan imposing mandatory
restrictions on landscape irrigation before May 11, 2015; and
WHEREAS, the adoption and implementation of the City's amended
ordinance requires immediate action of an Urgency Ordinance to comply with the
SWRCB May 11, 2015, directive;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Authority. This Urgency Ordinance amending Section 6-12.06 of
Title 6, Chapter 12, of the San Juan Capistrano Municipal Code is enacted
pursuant to Water Code §§ 375, et seq. and Government Code §§ 36931 et
seq.; 37100 and 38742.
SECTION 2: Findings.
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A. The findings made by the City Council in Ordinance No. 941 and
Ordinance No. 1017 are hereby incorporated by reference and adopted as
findings herein.
B. Severe drought conditions currently exist statewide, and such
conditions threaten the City's future ability to meet all of its water demands.
Such conditions have also resulted in the State imposing mandatory reductions
on outdoor water use on urban water suppliers throughout California that must be
implemented immediately.
C. The current drought conditions represent a current and immediate
threat to the public peace, health, safety, or welfare of the City, and adoption of
an urgency ordinance that will take effect immediately pursuant to Government
Code § 36937(b) and Water Code § 376 is justified and legally necessary to
ensure the City is in compliance with the SWRCB emergency regulations.
D. In order to immediately comply with the SWRCB emergency regulation
and ensure local water supplies remain sustainable, the City Council finds that
this ordinance amendment must be adopted as an urgency ordinance, effective
upon adoption, to protect the public health, safety and welfare, while also
preventing unnecessary harm to the City's economy and lawful existing water l
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users which would result from continuing the Stage 2 Water Contingency Plan
I without amending Ordinance No. 1017.
IJ
SECTION 3: Section 6-12.06 of Title 6, Chapter 12, is hereby amended to read
as follows:
Sec. 6-12.06. Water shortage contingency measures.
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.
Depending on the expected duration and severity of the shortage, these
measures may include, but are not limited to, some or all of the actions listed in
the following four (4) stages of water conservation, which shall take effect upon
declaration by the City Council. In an emergency, the City Manager or his/her
designee may make the declaration, which will be ratified by the City Council at a
subsequent meeting. Each elevated stage will include the elements of the
previous stage(s), and are intended to be more restrictive than the previous
stage(s).
(a) Stage 1 -Voluntary Compliance -Water Watch.
Stage 1 applies during periods when the possibility exists that the City will not be
able to meet all of the demands of its customers. Stage 1 may also be declared
when the state or a regional supplier has recommended a reduction in water use,
or when normal production and supply are curtailed. This circumstance can occur
when either the regional supplier or the local production and distribution staff
demonstrate that daily water demand is greater than what can be replenished
from available production or supply. This may occur during peak-use periods, or
be due to other circumstances. During Stage 1, the following water conservation
measures are requested to be undertaken on a voluntary basis:
(1) Staff. All City staff to be alerted to the Stage 1 conditions, supplied with
educational material, and directed to actively intervene and educate the public,
when excessive use is observed.
(2) Lawn watering and landscape irrigation. Encourage reduction in
consumption or use of City water by residential, recreational, commercial,
industrial and institutional water users for landscape irrigation purposes.
(3) Agriculture/ Nurseries. All nonessential water use shall cease.
(4) Residential car washing. All nonessential water use for vehicle
washing shall cease.
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(5) Car Washes. Washing on the immediate premises of a commercial car
wash shall not be subject to these measures. However, all nonessential water
use shall cease. i
(6) Pavement/surface washing. Water shall not be used to wash down
sidewalks, driveways, parking areas, tennis courts, patios or other paved areas
except to alleviate immediate fire or sanitation hazards.
(7) Leaks. All water leaks shall be repaired immediately.
(8) Restaurants and Hotel/Motel. All nonessential water use shall cease.
(9) Public Entities. All nonessential water use shall cease.
(10) Pools, Spas. Discourage the filling or emptying and refilling of
swimming pools, excluding normal maintenance of water levels due to
evaporation.
(11) Lakes, ponds, fountains, and other water features. Discourage the
filling or emptying and refilling of water features, excluding normal maintenance
of water levels due to evaporation.
(12) Commercial/Industrial use. All nonessential water use shall cease.
(13) Other Actions Possible. Initiate or implement additional or innovative
actions to increase the supply of water available to the City and to conserve the
City's existing water supply.
(14) Media. The declaration of this and subsequent stages shall be
communicated to the media.
(b) Stage 2 - Mandatory Compliance -Water Alert.
Stage 2 applies during periods when the probability exists that the City will not be
able to meet all of the water demands of its customers. Stage 2 can occur, but is
not limited to, periods when either the regional supplier or the local production
and distribution staff demonstrate that daily water demand is greater than what
can be replenished from available production or supply. Stage 2 may also be
declared when the state or a regional supplier has required a reduction in water
use, or when normal production and supply are curtailed. Noncompliance with
mandatory restrictions on water waste shall be subject to an administrative
citation. During Stage 2, the Stage 1 conservation measures shall become
mandatory and the following additional conservation measures shall apply:
(1) Staff. At the discretion of the City Manager, hire, divert, or employ
additional City staff and volunteers to monitor water usage, provide assistance to
water users to reduce their water consumption, and to monitor the enforcement
of the requirements, restrictions and priorities adopted by the City in response to
the emergency water shortage condition.
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(2) Rates & charges. Lower allocations for all water connections and
accounts by a percentage relative to the shortage. Impose an additional water
surcharge or penalty above and beyond the existing City water rates on all City
residents, water users and water consumers who fail or refuse to abide by the
requirements, restrictions and priorities adopted by the City in response to the
emergency water shortage condition. For example, if Metropolitan Water District
calls for a mandatory reduction of thirty (30) percent, allocations may be reduced
by thirty (30) percent, with a penalty added which reflects the penalty the City will
be charged by Metropolitan Water District or other agencies for exceeding the
mandated reduction.
(3) Lawn watering and landscape irrigation. City will reduce or prohibit
consumption or use of City water by residential, recreational, commercial,
industrial and institutional water users for landscape irrigation purposes in a
manner sufficient to allow the City to meet conservation targets set by the state
or a regional water supplier. Outdoor irrigation of ornamental landscapes or turf
with potable water will be limited to no more than two (2) days per week. The
application of potable water to outdoor landscapes during and within 48 hours
after measurable rainfall of one-tenth inch (1110) or more is prohibited.
(4) Agriculture/Nurseries. City will reduce or prohibit consumption or use
of City water by agricultural water users for landscape irrigation purposes in a
manner sufficient to allow the City to meet conservation targets set by the state
or a regional water supplier.
(5) Runoff to street. Administrative citation fines may be increased for
water permitted to escape from any hose, pipe, valve, faucet, sprinkler, or
irrigation device into any stormwater drainage system, drain, gutter or street.
(6) Pavement/surface washing. Pavement and other surface washing shall
be prohibited.
(7) Cleaning of structures. Cleaning of structures, using water from a
hose, shall be prohibited.
(8) Lakes, ponds, fountains, and other water features. The operation of
any ornamental fountain or similar structure is prohibited unless the water is part
of a recirculating system.
(9) Residential car washing. Washing of autos, trucks, trailers, boats,
airplanes and other types of mobile equipment is prohibited, other than at a car
wash, unless the hose utilized is fitted with a shut-off nozzle or device attached to
it that causes it to cease dispensing water immediately when not in use.
(10) Exceptions. The prohibited uses of water are not applicable to that use
of water necessary for public health and safety or for essential governmental
services such as police, fire and, other similar emergency services.
I (c) Stage 3 - Mandatory Compliance -Water Warning.
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Stage 3 applies during periods when the City will not be able to meet all of the
water demands of its customers. Stage 3 may be declared when the state or a 77
regional supplier has required a reduction in water use, or when normal
production and supply are curtailed. Stage 3 may be declared when there is a
critical differential between supply and demand, and it is determined that demand
cannot be reduced sufficiently through Stage 1 and 2 measures to remain within
the available supply. During Stage 3, administrative fines will double, and the
following additional water conservation measures shall apply:
(1) All major users. Require all major water users to reduce their usage by
the percentage determined by staff to be necessary to sustain adequate water
supply for the City. Such percentage shall be based both on the rate of supply to
the City and the rate of current water demand.
(2) Rates & charges. Impose further reductions in allocations for all water
connections and accounts by a percentage relative to the shortage. Impose
additional water surcharge or penalty above and beyond the existing City water
rates on all City residents, water users and water consumers who fail or refuse to
abide by the requirements, restrictions and priorities adopted by the City in
response to the emergency water shortage condition. For example, if
Metropolitan Water District calls for a mandatory reduction of thirty (30) percent,
allocations may be reduced by thirty (30) percent, with a surcharge added which
reflects the penalty the City will be charged by Metropolitan Water District or 7
other agencies for exceeding the mandated reduction.
(3) Lawn watering and landscape irrigation. Further reduce or prohibit
consumption or use of City water by residential, recreational, commercial,
industrial and institutional water users for landscape irrigation purposes.
(4) Agriculture/Nurseries. Agricultural users and commercial nurseries
may be subject to additional restrictions if the regional or local agency or
jurisdiction deems necessary. Monetary penalties will be passed through to
agricultural customers, if assessed by Metropolitan Water District or other
agencies.
(5) Residential car washing. Washing of autos, trucks, trailers, boats,
airplanes and other types of mobile equipment is prohibited, other than at a car
wash.
(6) Hydrant water use. The use of a temporary fire hydrant meter from the
City, or otherwise using water through a temporary City water service including
jumpers is prohibited. The use of water from fire hydrants shall be limited to fire
fighting and related activities, or other activities necessary to maintain the health,
safety and welfare of the public. Unauthorized use will be subject to additional
fines for water theft and meter tampering, pursuant to City of San Juan
Capistrano Resolution 06-02-07-05.
(7) Construction water. Suspend all sales and deliveries of City water, and
use of City water, for construction or grading purposes. New construction meters
or services will not be issued. Construction water shall not be used for earth work
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or road construction purposes. Unauthorized use will be subject to additional
fines for water theft and meter tampering, pursuant to City of San Juan
uCapistrano Resolution 06-02-07-05. No new building permits or will-serve letters
will be issued.
(8) Pools, Spas. Prohibit the filling or emptying and refilling of swimming
pools, excluding normal maintenance of water levels due to evaporation. New
construction permits for pools and spas will not be issued.
(9) Lakes, ponds, fountains, and other water features. The operation of
any ornamental fountain or similar structure is prohibited.
(10) Air Conditioning. No water shall be used for air conditioning purposes.
(d) Stage 4 - Mandatory Compliance -Water Emergency.
Stage 4 applies when a failure of any supply or distribution facility, whether
temporary or permanent, occurs in the water distribution system of the State
Water Project, Metropolitan Water District of Southern California, Municipal
Water District of Orange County, or the City's facilities, and the supply of water
necessary to meet the City's demands is likely to be reduced or interrupted. Any
and all measures necessary to meet basic health and safety needs shall be
undertaken, while all other water uses shall be reduced or prohibited. During
Stage 4, administrative fines will triple, offenses may be subject to prosecution
and publication, and the following water conservation measures shall apply:
(1) Allocations. Water use allocations at the Tier 1 rate will be reduced to
a level deemed appropriate for the level of emergency.
(2) Lawn watering and landscape irrigation. All outdoor irrigation is
prohibited.
(3) Agriculture/Nurseries. Use of water for agricultural or commercial
nursery purposes, except for livestock water, is prohibited.
(4) Car Washes. The use of water by all types of commercial car washes
shall be prohibited. Further, such washings are exempted from these regulations
where the health, safety and welfare of the public is contingent upon frequent
vehicle cleaning such as garbage trucks and vehicles used to transport food and
perishables.
(5) Pools, spas, water features. Filling, refilling or adding of water to
swimming pools, spas, ponds, lakes, and other water features are prohibited.
(6) Commercial/Industrial use. The use of water for commercial,
manufacturing or processing purposes shall be reduced in volume by fifty (50)
percent.
f SECTION 4: CEQA Compliance. The adoption of this Ordinance is categorically
exempt from the provisions of the California Environmental Quality Act.
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SECTION 5: Severability. If any provision of this Urgency Ordinance or the
application thereof to any person or circumstance is held invalid, the remainder of
the Ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby. The City Council hereby declares
that it would have adopted this Ordinance and any section, subsection, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or
otherwise invalid.
PASSED, APPROVED, AND ADOPTED this 5t day of May 2015.
o6pj-(
DEREK REEVE, MAYOR
ATTEST:
rLW
ARA MO I CITI.CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Urgency
Ordinance No. 1023 that was adopted and passed at the Regular Meeting of the
City Council on the 5t day of May 2015, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Perry, Ferguson, Patterson and Mayor Reeve
NOES COUNCIL MEMBERS: None
AB NT: COWNCIL MEMB S: None
r
M RI MORRIS-,CI-q CLERK
1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section
36933(1) of the State of California.
On the 8" day of May 2015, 1 caused to be posted a certified copy of Urgency
Ordinance No. 1023, adopted by the City Council on May 5, 2015, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 6-12.06
OF TITLE 6, CHAPTER 12, OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE PERTAINING TO WATER CONSERVATION
This document was posted in the Office of the it rk
M RIA ORRI TY LERK
LSa In Capistrano, California
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