Ordinance Number 1017 URGENCY ORDINANCE NO. 1017
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AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 6-
12.06 AND 6-12.10 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, on July 28, 2014, the California Office of Administrative Law
approved the SWRCB regulations approved on July 15, 2014, which require, 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, on July 16, 2014, the California Office of Administrative Law also
approved separate emergency regulations adopted by the SWRCB which empower the
Deputy Director for the SWRCB Division of Water Rights to issue curtailment orders to
post -1914 appropriative water right holders in order of water right priority when water is
not available under the diverter's priority of right; and
WHEREAS, under the City's current Water Conservation Ordinance, Ordinance
No. 941, in order to comply with the SWRCB emergency water conservation regulation
for landscape irrigation, the City must declare a Stage 2 Water Alert. Declaring a Stage
2 Water Alert without amending the ordinance would result in a ban on important
existing water uses within the City—to include use of water for construction purposes
and pool/spa filling—while the SWRCB emergency regulations do not require such uses
to be limited or banned; and
WHEREAS, the City must report its progress to implement the emergency
regulations by on or before August 15, 2014, 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 August 29, 2014; and
WHEREAS, the adoption of mandatory restrictions on outdoor water use that will
immediately take effect has necessitated a revision of the City's variance procedures to
clarify that variances may be granted for restrictions on water use imposed by Section
6-12.06 in addition to those imposed by Section 6-12.05; and
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WHEREAS, the City Council has conducted a noticed public hearing on the
amendments proposed herein and has considered the evidence presented at that public
hearing regarding such amendments; and
WHEREAS, on August 19, 2014, the City Council resolved that the City
implement Stage 2 of the City's Water Conservation Ordinance upon amendment of
Sections 6-12.06 and 6-12.10 of Title 6, Chapter 12, of the San Juan Capistrano
Municipal Code as described herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Authority. This Urgency Ordinance amending Sections 6-12.06 and 6-
12.10 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.
A. The findings made by the City Council in Ordinance No. 941 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 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 users which would result from implementing
Stage 2 without amending Ordinance No. 941.
SECTION 3: Sections 6-12.06 and 6-12.10 of Title 6, Chapter 12, are hereby amended
to read as follows:
6-12.06 Water shortage contingency measures.
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The City Council by resolution shall require or impose reductions in the use of water
u 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. Aariculture / Nurseries. All non-essential water use shall cease.
4. Residential car washing. All non-essential water use for vehicle washing shall
cease.
5. Car Washes. Washing on the immediate premises of a commercial car wash
shall not be subject to these measures. However, all non-essential water use
shall cease.
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.
B. Restaurants and Hotel/Motel. All non-essential water use shall cease.
9. Public Entities. All non-essential 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.
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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. 7i
12.Commercial / Industrial use. All non-essential 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.
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 30%, allocations may be reduced by 30%, 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.
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
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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.
(c) Stage 3 - Mandatory Compliance -Water Warning
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 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 30%, allocations
may be reduced by 30%, with a surcharge added which reflects the penalty the
City will be charged by Metropolitan Water District or other agencies for
I exceeding the mandated reduction.
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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. 17
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 or
road construction purposes. 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. 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.
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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 50%.
6-12.10 Relief from compliance.
The City Manager or his/her designee may, in writing, grant variances to persons
who apply on forms supplied by the City for:
(a) Usages of water prohibited by Section 6-12.05 OR Section 6-12.06, if it is found
that a variance is necessary to prevent an emergency condition relating to health
and safety, or to prevent a severe hardship on a customer not caused by the
customer's own actions or omissions. Further, the person seeking a variance
must have demonstrated that he or she has implemented water conservation
measures in some other manner that achieves the objectives of this Chapter. No
variance may be granted for the filling of any decorative fountain, basin, pond,
hot tub, spa or permanent swimming or wading pool, unless the filling occurs as
the result of performing necessary leak repairs and unless the other provisions of
this Section are met.
(b) No variance shall be granted to any customer unless the customer has
demonstrated that he or she has already achieved the maximum practical
reduction in water consumption as can be achieved by the affected property or
business. Any variance granted shall be based upon the water consumption
rates of similar water users, properties or businesses.
SECTION 4: CEQA Compliance. The adoption of this Ordinance is categorically
exempt from the provisions of the California Environmental Quality Act.
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.
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PASSED, APPROVED, AND ADOPTED this 19th day of August 2014.
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A ALLEVATO, MAYOR
T:L�—
MA
MORRIS, Y 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. 1017
that was adopted and passed at the Regular Meeting of the City Council on the 19" day
of August 2014, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato —
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
L--
M ,MORRI I CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss 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 20th day of August 2014, 1 caused to be posted a certified copy of Urgency
Ordinance No. 1017, adopted by the City Council on August 19, 2014, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 6-12.06 AND 6-
12.10 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 itylerk
IL (�
MAR,MOOR IS CITY CLERK
San Juan Capistrano, California
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