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Ordinance Number 1017 URGENCY ORDINANCE NO. 1017 '. i 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 Page 1 of 9 Ord 1017 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. Page 2 of 9 Ord 1017 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. u Page 3 of 9 Ord 1017 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 Page 4 of 9 Ord 1017 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. Page 5 of 9 Ord 1017 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. Page 6 of 9 Ord 1017 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. Page 7 of 9 Ord 1017 PASSED, APPROVED, AND ADOPTED this 19th day of August 2014. !ti 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 Page 8 of 9 Ord 1017 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 Page 9 of 9 Ord 1017