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Home My WebLink AboutCC AG PKT 2009-05-11 #NAGENDA STAFF REPORT DATE: May 11, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: REVISIONS TO TITLE 9, AMENDING THE SEAL BEACH MUNICIPAL CODE BY REVISING AND SUPPLEMENTING THE CITY'S WATER CONSERVATION PROVISIONS -ORDINANCE NO. 1586 SUMMARY OF REQUEST: Waive reading and Introduce Ordinance Number 1586 and set Public Hearing for June 8, 2009 BACKGROUND: Southern California is facing a water supply shortage due to drought, regulatory restrictions and a reallocation of water resources. Water conservation is a critical everyday practice for our arid region and will stretch existing supplies. Currently, there is a call for a voluntary 10% reduction in water use and mandatory conservation could be implemented soon if our water supply situation does not improve. Rain will help the region but will not solve the shortage. New conservation measures are proposed as part of Metropolitan Water District of Southern California's (MET) 5-Year Water Supply Plan. To help foster immediate, widespread and on-going efficiency practices by the public, local agencies are requested to enact water conservation ordinances as prerequisites for participating in MET's incentive programs. To qualify for incentive payments, ordinances must include provisions which prohibit certain water uses, including washing down hard surfaces; outdoor irrigation restrictions; and, enforcement and penalties. Metropolitan Water District of Orange County (MWDOC) is spearheading the effort to have all of its agencies adopt ordinances which meet the MET requirements. Agenda Item N Page 2 Substantive changes to the existing ordinance include the addition of provisions for permanent conservation measures including: • Prompt leak repairs • Limits on Watering Hours • Limit on Watering Duration • No Washing Down Hard Surfaces • Re-circulating water for Water Fountains • No Installation of Single Pass Cooling Systems • No Installation of Non-re-circulating water systems in Commercial Car Wash and Laundry systems • Commercial Car Wash Systems • Runoff There are changes to the language related to declaration of Phase 1, Phase 2 and Phase 3 conditions. MWDOC and MET will prioritize applications and process incentive payments where an agency has a conservation ordinance and implementation plan in place. FINANCIAL IMPACT: There is no direct fiscal impact to the City. RECOMMEN®ATION: Waive reading and Introduce Ordinance No. 1586, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Amending Section and setting a Public Hearing for June 8, 2009 at 7 p.m. SUBMITTED Vie Mastrosimone Director of Public Works NOTED AND APPROVED: C~'~ David Carman ,City Manager Attachments: A. Proposed Ordinance No. 1586 B. Red linelstrike out version ORDINANCE NUMBER ~ SSG AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REVISING AND SUPPLEMENTING THE CITY'S WATER CONSERVATION PROVISIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Seal Beach Municipal Code 'is amended by deleting Sections 9.35.095 through 9.35.135 and replacing those sections with a new Chapter 9.37 (Water Conservation) to read as follows: Chapter 9.37 Water Conservation § 9.37.005 Definitions. A. For the purposes of this chapter, "backflow," "designated irrigation days," "director," "local health agency" and "water user" are defined in § 9.35.005. B. Any word or phrase used in this chapter that is defined in the Health and Safety Code Section 116275 or in California Code of Regulations Title 17, Section 7583 and not defined in § 9.35.005 shall have the meaning set forth in such state law provision. § 9.37.010 Permanent Water Conservation. The water conservation requirements set forth in this Chapter are effective at all times and are applicable unless repealed by the City Council. Violations of this section shall be considered waste and an unreasonable use of water. § 9.37.015 Leaks. Each water user shall repair all leaks from indoor and outdoor plumbing fixture at the user's premises. Such water user shall eliminate any loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system promptly after discovering the leak and in no event in less than 7 days. § 9.37.020 Runoff. No water user shall cause or allow water to run off landscape areas into adjoining streets, sidewalks, driveways, alleys, gutters, ditches or any paved surfaces due to incorrectly maintained sprinklers, excessive watering or use. § 9.37.025 Limits on Watering Hours. No water user shall cause or allow watering or irrigating of the user's lawn, landscape or other vegetated area with potable water between 9:00 a.m. and 5:00 p.m. on any day, except by use of a hand-water shut-off nozzle or device. Notwithstanding this restriction, a water user may conduct such activity between 5:00 p.m. on any day and 9:00 a.m. of the following day for a very short period of time for the limited purpose of adjusting or repairing an irrigation system. § 9.37.030 Limit on Watering Duration. No water user shall cause or allow watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended for longer than 15 minutes watering per day per station. This section does not apply to Ordinance Number 1586 landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than 2 gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. § 9.37.035 No Washing Down Hard or Paved Surfaces. No water user shall cause or allow the washing down of hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys. Notwithstanding this prohibition, a water user may wash down such surfaces when necessary to alleviate safety or sanitary hazards, and then only by use of, a hand-held bucket or similar container, ahand-held hose equipped with a positive self-closing water shut-off device, aloes-volume, high-pressure cleaning machine equipped to recycle any water used, or aloes-volume high-pressure water broom. § 9.37.040 Re-circulating Water Required for Water Fountains and Decorative Water Features. No person shall operate a water fountain or other decorative water feature that does not use re-circulated water. § 9.37.045 No Installation of Single Pass Cooling Systems. No person shall install single pass cooling systems in connection with new water service. § 9.37.050 No Installation of Non-re-circulating in Commercial Car Wash and Laundry Systems No person shall install non-re-circulating water systems in connection with commercial conveyor car wash and commercial laundry systems. Effective on January 1, 2010, the owner or operator of any commercial conveyor car wash system shall install operational re-circulating water systems, or secure a waiver of this requirement from the Director. § 9.37.055 Washing of Vehicles and Equipment. No person shall wash a motor vehicle, trailer, boat or other type of mobile equipment other than by a hand-held bucket or by a hose equipped with a positive shut-off nozzle. This prohibition shall not apply to washing performed at a commercial car wash. § 9.37.060 Determination of Water Conservation Phase. A. The city council may by resolution declare a water conservation phase upon making a finding specified in paragraph B. Such resolutions shall specify the start day of the phase and shall be effective upon publication in a daily newspaper of general circulation within the city. B. The finding necessary for each water conservation phase is as follows: 1. Phase 1: A Phase 1 Water Supply Shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Phase 1 Water Supply Shortage condition, the city council will implement the mandatory Phase 1 conservation measures identified in this section. Ordinance Number 1586 2. Phase 2: A Phase 2 Water Supply Shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a severe water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Phase 2 Water Supply Shortage condition, the city council will implement the mandatory Phase 2 conservation measures identified in this section. 3. Phase 3: A Phase 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Phase 3 condition exists when the city council declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Phase 3 Water Supply Shortage condition, the city council will implement the mandatory Phase 3 conservation measures identified in this section. § 9.37.065 Phase 1 Measures. The following water conservation measures apply during water conservation phase 1. A. Irrigation shall not be performed except on designated irrigation days and between the hours of 6:00 p.m. and 6:00 a.m. Irrigation may be performed at any time if done by means of a hand-held hose equipped with a positive shut-off nozzle, ahand-held faucet filled bucket of 5 gallons or less, or a drip irrigation system. B. Agricultural users and commercial nurseries shall curtail all non- essential water use, but are otherwise exempt from phase 1 measures. Watering of livestock and irrigation of propagation beds are permitted at any time. C. Washing of motor vehicles, boats, airplanes and other mobile equipment shall be performed only on designated irrigation days and between the hours of 6:00 p.m. and 6:00 a.m. This prohibition shall not apply to the washing of garbage trucks, vehicles used to transport food and perishables and other mobile equipment for which frequent cleaning is essential for the protection of the public health, safety and welfare. D. Filling or refilling of swimming pools, spas, ponds and artificial lakes shall be performed only on designated irrigation days and between the hours of 6:00 p.m. and 6:00 a.m. E. Watering golf courses, parks, school grounds and recreational fields shall be performed only between the hours of 6:00 p.m. and 6:00 a.m. This prohibition does not apply to golf course greens. F. Restaurants shall not serve water to customers unless specifically requested. G. Ornamental fountains and similar structures shall not be operated. § 9.37.070 Phase 2 Measures. The following water conservation measures apply during water conservation phase 2. A. Irrigation shall not be performed except on designated irrigation days and between the hours of 10:00 p.m. and 6:00 a.m. Ordinance Number 1586 B. Agricultural users and commercial nurseries shall use water only between the hours of 6:00 p.m. and 6:00 a.m. Watering of livestock and irrigation of propagation beds are permitted at any time. C. Washing of motor vehicles, boats, airplanes and other mobile equipment is prohibited except when performed at a commercial car wash. This prohibition shall not apply to the washing of garbage trucks, vehicles used to transport food and perishables and other mobile equipment for which frequent cleaning is essential for the protection of the public health, safety and welfare. D. Filling or refilling of swimming pools, spas, ponds and artificial lakes shall be performed only on designated irrigation days and between the hours of 10:00 p.m. and 6:00 a.m. E. Watering golf courses, parks, school grounds and recreational fields shall be performed only between the hours of 10:00 p.m. and 6:00 a.m. This prohibition does not apply to golf course greens. F. 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. G. Restaurants shall not serve water to customers unless specifically requested. H. Ornamental fountains and similar structures shall not be operated. I. New construction meters and permits for unmetered service shall not be issued. Construction water shall not be used for earth work or road construction purposes. J. The use of non-reclaimed and non-recycled water by commercial car washes shall be reduced in volume by 20%. § 9.37.075 Phase 3 Measures. The following water conservation measures apply during water conservation phase 3. A. Outdoor irrigation is prohibited. B. Use of water for agricultural or commercial nursery purposes is prohibited. This prohibition shall not apply to watering of livestock. C. Washing of motor vehicles, boats, airplanes and other mobile equipment is prohibited except when performed at a commercial car wash. This prohibition shall not apply to the washing of garbage trucks, vehicles used to transport food and perishables and other mobile equipment for which frequent cleaning is essential for the protection of the public health, safety and welfare. D. Filling or refilling of swimming pools, spas, ponds and artificial lakes is prohibited. E. Watering golf course areas, other than greens, is prohibited. Watering of parks, school grounds and recreational fields is prohibited except for plant materials classified as rare, exceptionally valuable or essential to the well being of rare animals. F. 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. Ordinance Number 1586 G. Restaurants shall not serve water to customers unless specifically requested. H. Ornamental fountains and similar structures shall not be operated. I. New construction meters and permits for unmetered service shall not be issued. Construction water shall not be used for earth work or road construction purposes. J. The use of non-reclaimed and non-recycled water by commercial car washes shall be reduced in volume by 50%. K. The use of water for commercial manufacturing or processing purposes shall be reduced in volume by 50%. L. Water shall not be used for air conditioning purposes. § 9.37.080 Relief From Water Conservation Measures. A. Within 15 days of the effective date of a resolution declaring the water conservation phase, any water user may apply to the Director for relief from the applicable water conservation measures. Applications shall be filed on acity-provided form and shall be accompanied by an application fee in an amount set by city council resolution. B. The Director may approve, conditionally approve or deny an application for relief from water conservation measures. In making such determination, the Director shall consider the following factors: 1. Whether additional reduction in water consumption will result in unemployment. 2. Whether additional persons have been added to the household. 3. Whether 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 multi-family 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 of safety hazards. 9. First filling of apermit-constructed swimming pool. health. 10. Water use necessary for reasons related to family illness or 11. Whether the applicant has achieved the maximum practical reduction in water consumption other than in the specific areas for which relief is sought. C. The decision of the Director shall be final. Ordinance Number 1586 § 9.37.085 Enforcement of Water Conservation Requirements. A. The penalties set forth in this section shall be exclusive and not cumulative with any other provision of this code. B. Violation of water conservation measures shall be penalized as follows: 1. First violation: the Director shall issue a written notice 2. Second violation during a water conservation phase: the Director shall impose a surcharge in an amount equal to 15% of the violator's water bill. 3. Subsequent violations during a water conservation phase: the Director shall install a flow restricting device of one gallon per minute capacity for services up to 1.5 inches size, and a comparatively sized restrictor for larger service, on the service of the violator at the premises at which the violation occurred for a period of not less than 48 hours. The Director shall charge the water user the actual costs of installation and removal of the device and for restoration of normal service. Normal service shall not be restored until all the account has been made current and all charges have been paid. C. Any person receiving a notice of second or subsequent violation may request a hearing by the Director by filing a written appeal with the city clerk within 15 days of the date of such notice. The appeal fee shall be in an amount set by city council resolution. A timely request for a hearing shall stay the installation of aflow-restricting device on the appellants premises until a decision has been made on the appeal. If the Director determines that the surcharge was incorrectly assessed, the city shall refund any money deposited by the customer. The Director's decision on the appeal shall be final. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2009. Mayor ATTEST: City Clerk Ordinance Number 1586 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting held on the 11th day of Mav , 2009 and was passed, approved and adopted by the City Council at a meeting held on the _day of 2009 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: And do hereby further certify that Ordinance Number 1586 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Water Conservation Ordinance Redline /Strikeout Version ORDINANCE NUMBER _ _ - Deieted: ¶ --------------------~ PremanentWaterConservation Practices¶ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REVISING AND SUPPLEMENTING THE CITY'S WATER CONSERVATION PROVISIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Seal Beach Municipal Code is amended by deleting Sections 9.35.095 Through 9.35.135 and replaci~ those sections with a new Chapter 9.37_ - (Water Conservation) to read as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ., Chapter 9.37 Water Conservation ~~, § 9.37.005 Definitions. A. For the purposes of this chapter, "backflow," "designated irrigation days," "director," "local health agency" and "water user" are defined in § 9.35.005. B. Any word or phrase used in this chapter that is defined in the Health and Safety Code Section 116275 or in California Code of Regulations Title 17, Section 7583 and not defined in ~ 9.35.005 shall have the meaning set forth in such state law provision. § 9.37.010 Permanent Water Conservation. The water conservation requirements set forth in this Chapter are effective at all times and are applicable unless repealed by the City Council. Violations of this section shall be considered waste and an unreasonable use of water. § 9.37.015 Leaks. Each water user shall repair all leaks from indoor and outdoor plumbing fixture at the user's premises. Such water user shall eliminate any loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system promptly after discoverina the leak and in no event in less than 7 days. § 9.37.020 Runoff. Deleted:. l.eaks.¶ Obligation Deleted: through breaks, leaks or other malfunctions in the water user's plumbing or distribution system far any period of rime after such escape of water should have reasonably been discovered and corrected and in no event more than days of receiving notice from the City, is prohibited¶ No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, includingq but not limited to sidewalks, walkways, driveways, parking azeas, tennis courts, purios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand- held bucket or similar container, a hand- held hose equipped with a positive self- closing water shut-off device or a low- volume, high-pressure cleaning machine equipped to recycle any water used.y 7 No water user shall cause or allow water to run off landscape areas into adioining streets, sidewalks, driveways, alleys, gutters, ditches or any paved surfaces due to incorrectly maintained sprinklers, excessive watering or use. § 9.37.025 Limits on Watering Hours _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deieted:: Watering No water user shall cause or allow watering or irrigating of the user's lawn, landscape or other vegetated are~„with potable water ,petween 00 a.m. and . - ~- Deleted: q 00 m on an_da -------' 5: _ ~p_ _ Y _ _ _ _ _y _ _ y, except by use of a hand yvater shut-off nozzle or devicex ' ~ ; -- --- ---- ------------------- Deleted: is prohibited ~ - N_otwithstanding this restriction, a water user may conduct such activity between t;, Deleted: h h 5:00 p.m. on any day and 9:00 a.m. of the following day for a very short perioct of ';,~~ t e ours of _a , _ time for the imlted ur ose of ad'ustin or re airin an irri ation s stem. ` '•' ` p ~ g p g g y ,!-_p ' ' Deleted:_ _ ______. ---- ---- --- ----- --.--- ------------,, , , ` Deleted:l'acificstandardq ~ ~ 9.37.030 Limit on Watering Duratior>~ ` ~~~ ~ Time _ , , ~ ~ Deleted: neldbucketorsimilar container, ahand-held hoseq ~ No water user shall cause or allow watering or irrigating of lawn, ~~ ~`;,', equipped with a positive self-closing ` , ~ landscape or other vegetated area„with _ potable _ water using _a_ landscape `~ , Deleted: , or _ irrigation system or a watering device that is not continuously attended or Ion er `, ` `, Deleted: s _ than 15~minutes_waterinc~per day per station.e This~Section does not apply to `, `,', Deleted: express _ _ m , landscape irrigation systems that exclusively use very low-flow drip type irrigation > ', • Deleted:: Watering >~° systems when no emitter produces more than ~ gallons of water per hour and ,'~~ Deleted:q _ ~ _ _ ~ weather based controllers or stream rotor sprinklers that meet a 70% efficiency `, ~~;, ' Deleted: is limited to no mare n standard ~~'. _ ~+` , ~ d`. , ` Deleted: fifteen § 9.37.035 No Washing Down Hard or Paved Surfaces `;~~ `, Deleted: ) ;, ~` .+ Deleted: sub No water user shall cause or allow the washing down of hard or paved `;, Deleted: rwo( surfaces, including but not limited to sidewalks walkways driveways parking `, Deleted: ) areas, tennis courts, patios or alleys. Notwithstanding this prohibition a water Deleted: q user may wash down such surfaces when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, ahand-held hose equipped with a positive self-closing water shut-off device, glow-volume, high-pressure cleaning machine equipped to recycle any water used, or glow-volume high-pressure water broom § 9.37.040 Re-circulating Water Required for Water Fountains and Decorative Water Featuresi _ _ _ _ _ _ _ _ _ _ _ -- _. Deleted; '- - - ~ • - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deleted: Operating No person shall operate a water fountain or other decorative water feature that does not use re-circulated water .- - Deleted: is prohibited § 9.37.045 No Installation of Single Pass Cooling Systems _ _ _ _ _ _ _ _ _ _ _ _ _ -. _ - -~ Deleted:: Installation of No person shall install single pass cooling systems ~n connection with n_e_w_ _ . - - Deleted: isq Water SeNICe. prohibited in buildings requesting - ---- -------- ---- --------------------- -- -- - ------- ----''- Deleted:q ) I Title 9 Wuter Ordinance with MET and CA changes compared to § 9.37.050 No Installation of Non-re-circulating in Commercial Car Wash and LaundrySystem~____._______________________.-------------_.--_-_-_. Deleted:: _ _ _ _ „ _ - Deleted: Installation of No person shall install non-re-circulating water systems ~n connection with _ _ Deletes; is prohibited in new ...new ...q commercial conveyor car wash and Fommercial laundry systems Effective on , ~' Q Janus 1 2010 }he owner or operator of any commercial conve or car wash ~ cnmmercialcarwashsystems:...a-l ry Y ~/~ new ...systems must have stem shall install o erational re-circulatin water s stems or ecure a waiver / ~ installed...musthavesecured...th , 1 of this requirement}rom the Director. _____ _____ ____/ ,§ Washing of Vehicles and Eauipment. No person shall wash a motor vehicle, trailer, boat or other type of obile_ equipment Qther khan py~ hand-held ucket~r ,py~,~iose~ ui pe~ith ~ ', positive shut-off ozzle. This rohibition shall not a I to washin erformed at '~ a commercial Far wash. § 9,7.060_ _ Determination_of Water Conservation hase. A. The Fity_council ,fray by resolution ,ideclare ~ water Fonservation phase upon jnaking~ finding s~ecified~n paragraph ,5,~„Such resolutions_,shall _; Deleted: ¶ - = won Break (Next Page)-------- 35.100 - Runoff.¶ No water user shall cause or albw water to run off landscape areas into adjoining .streets, .sidewalks . or .other .paved .surfaces .due . to . Incorrecty maintained sprinklers or excessive watering.¶ § s.3s.los r„ f2~ Deleted: mobi ..................... Deleted: 35.110 ... specify the start day of the phase and shall be effectlve~pon_publlcatlon ~_~:= Deleted:... ... ... daily newspaperpf general circulation within the cit r~_ / -.•• Sna............ _ ._ ~„ B,~ _The finding necessary for each water conservation phase js gas ,--.~- follows: 1~ Phase 1: _A hase 1 Water Supply Shortage exists when the - ~itv council determines, in its sole discretion, that due to drought or other water ~ supply Fonditions, a water supply shortage or threatened shortage exists and a ~'~=. consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions._ Upon the declaration by the pity council of a f'hase_1 Water Supply_ Shortage condition, the ~,it~i cow' will implement the mandatory hase 1 conservation measures identified in this ~/ section. _ / 2. ~ ~ ~ hase 2~ A Phase 2 Water Supply Shortage exists when the ,pity council determines, in its sole discretion, that due~to drought or other water supply conditions, a severe water supply shorts a or threatened shortage exists ~. and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions._ Upon the declaration by the pity council of a hase 2 Water Supply Shortage condition, the ~ Fity council will implement the mandat_o_ry _ hase__2 conservation -mea_s_ures identified in this section. Deleted:...,„,..,...,,.,w,,,,,,,,,,-,M,,,. follows:¶ ....................Column Break...........-~---•--~ ........................ ... 6 Deleted:..Section Break (Next Page} 1.. Level Deleted::...I.evel City...reduc[ions...City... Level...City Level...The type of event that may prompt the City to declare a Level 1 Wuter Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extmordinazy water conservation. ~ Deleted:.¶ ~-_ :ion Break (Next Page) Deleted: Level...¶ .A Leve1...City...Q reductions... a... City... Level... City Level ... 8 I Title 9 Water Ordinance with MEf and CA changes compared to 3. hase _3: A Phase 3 Water Supply Shortage condition is i Deleted:. Level.... a Levei...q also referred to as an "Emergency" condition._ Phase 3 condition exists when ~ Leve1...City ...make more efficient use ~ - i of water and respond to existing water ------- the ity council declares a water shorta a emer enc and notifies its residents ~ ~ conditions...level...Emer nc ...city and businesses that a significant reduction in consumer demand is necessary to ~~ ~ve1 ••• 9 maintain sufficient water supplies for public health and safety. Upon the i~ declaration of a hase 3 Water Supply Shortage condition, the ity council will implement the mandatory hase 3 conservation measures identified in thisJ' section. -- -- --~~ --- - ~_ _ ..---------------------------------------------- ------..--Deleted:§9.35.115.Leve1 § 9.37.065 Phase 1 jVleasures. ------------------- _- Deleted: The _~ollowing_water conservation measures _~p~__ uring water ,~• Deleted: conservation phase 1. ~ _ - --- Level ~-¶ ....................Column Break..................... - - - - _ water .conservation ........ ,,, 10 A. Irrigation Shall clot pe ,performed except .pn designated jrri ation ' ~ Deleted: .Section Break (Next Page}. days ,pnd etween $he ,hours f,~,6_00 ,p.m~ and X00 ,a.m,`,,, Irrigation jrlay~pe ~~ ¶ performed ~t an bym~ if donee means of a hand-held~ose equipped -with. __ j Deleted :........................... positive shut-off ~lozzle, a hand-held faucet filled bucket of 5~allons or less, or a ~' ~~~ ~~~ "~~ ~~~ ~~~ ~~~ ~~' ~~~ ~ ~~~ ~~~ ~~~ ---- _ ... ... ... ... 11 drip irrigation system. B. Agricultural users end commercial nurseries Shall curtail III ~or~`_ Deleted :.................... ... lz essential water use, but are otherwise exempt from phase 1 measures. Watering of livestock and irrigation of propagation beds are permitted at any time. C. Washing ,pf_~rtotor vehicles, goats, airplanes end Ather Jrlobile __._- Deleted :... ... ... .................. e ui ment hall a erformed onl on desi Hated 'rri ation_da s nd etween ~~~ ~~~ -•• •~• ••• ••• ••• ••• ••• ••• ••• • • q P ~ _~P _ _Y -~ J g-_.~~?_j? .. _~~ ... ... ... ... ... ... .. the ours f 6_00 m and 00 m This rohibition hall of I o the ~ "' 13 washing of garbage trucks, vehicles ~.lsed to transport,~ood and perishables end ~ other mobile equipment for which frequent cleaning is essential for the protection of the public health, safety and welfare. D. Filling or refilling of swimming pools, spas, ponds and artificial lakes shall be performed only on designated jrrigation days_a_nd_ bet_w_ e_ e_n_ the_ hours of 6:00 p.m. and 6:00 a.m. ~ - - - ~-- - - _ - ~i Deleted: E. Watering golf oc urses,~arks, _~SChool_,grounds_~nd_,recreational_, .- fields shall be performed only between the hours of 6:00 p.m. and 6:00 a.mt This ~~ prohibition does not apply to golf course greens. F. estaurants -------- requested. I not serve water to nless G. ~~ Ornamental fountains~and similar structures shall not be operated. '~ Deleted: 6:00 p.m. and 6:00 a.m.¶ Deleted : ................... ... [141 Deleted: 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.¶ .Section break (Next Page) G. requested.¶ - ..................Column Break.........------... . Deleted: Section Break (Next Page}. H. I Title 9 Water Ordinance with MEI' and CA changes compared to existing _ q . §9,7.070 __Phase2_Measures.----------------------------------------- Deleted: 35120 The _,~ollowing-water conservation measures apply during, water , -~ Deleted:.5ection Break (Next Page)~ conservation phase 2. is •----------------------------------------------------------------~'` Deleted:..........ColumnBreak........... A. Irrigation tShall not be performed except Qn designated jrrigation water .conservation .measures . apply .during . water¶ days and between the hours of 10:00 p.m. and 6:00 a.m. ~~~ ~ ¶ Section Break (Next Page} B. Agricultural users between fhe (tours of ji:00 p. irrigation of propagation beds ar commercial and ~turseries ~sl m~ Waterin e water pnl~_ Deleted : .................... ... 17 ivestock end Deleted : ... ... ... ... ... ... ... ... ... C. Washing of motor svehicles, boats, ~ir~lanes_,~nd ether mobile - Deleted: propagation beds are equipment js~rohibite except when~ertormed at a commercial car wash This •~ Permitted at anytime.¶ prohibition ,shall not apply fo the washing ,Qf garbage ,rucks, vehicles used to /~ c.. Washing of .................. transport ,food end perishables end other mobile equipment for which f requent ~ ••• ...Performed ..................... ........................ ... 19 cleaning is essential for the protection of the public health, safety and welfare. •- -------------------------- -- Deleted: Dr Filling_or,~efillin~~swimminq pools, spas, ponds and rtificial lakes ~.-. De)eted:. F....ref ....swmm ng 00 shall be pertormed only on designated irrigation days and between the hours of ~ artfca.......¶ .,. io 10:00 p.m. and 6:00 a.m. E. Watering golf ~ourses,~parks, ,School ~grounds~nd recreational ~j Deleted : .......................... fields shall a ertormed _ nl etween tthe ours o 10:00 m. and 6:00 m. ~ ~~~ ~~~ ••• rzlt This prohibition does not apply to golf course greens. F. Water ~Shall_~tot ~e used ,~o~wash~down_.~Sidewalks, riveways,J, Deleted :... ... ... ... ... ... ... ... ... parking areas, tennis o,~ arts ,patios ether ,paved areas .except $o~lleviate / "' "' "' "' -" '~' "' "' "' ~z~ immediate fire or sanitation hazards. ,_ G requested. rants ,shall not serve water fo customers unless s Deleted: .Section Break (Next Paget'. requested.¶ ..---...--------Column Break .................... _ _ _ _ ... I-I. ~ ~Ornamerital fountains and similar structures shall not be operated. ~ De)eted: -Section Break (Next Page} I. New construction meters and_ ,permits for unmetered ,service shall _-_ Deleted :... ... ... ... ... ............. not a ssued Construction water hall riot e__ sed for earth ~/ork r oad // ~~~ ~~~ ~•~ ~•• ••• ••• ~•• ... rz4t construction,purposes. ____ _ _____ _-_- ~ J. The ~se_of non_reclaimed_~nd non-recycled water pt' commercial _,--- De)eted :............ .., z5 car washes shall be reduced in volume by 20%. § 9,7.075 _ Phase 3 Measures. - - - - - - ..- - Deleted: 3s.~ 2s The ollowin water conservation ~ Deleted: ¶ . _ _ _ _ _ f g measures apply during,-water ,-~ ..section Break (Next Page). conservation phase 3. ..•. Pnasa 3.¶ .........-- --°. Column Break. ................. water .conservation ........ „• 26 I Title 9 Water Ordinance with MET and CA changes compared _____________________________ __ Deleted: Section Break (NextPage}.~ A. Outdoor irrigation is prohibited. - ¶ 1 B. Use pf_Znrater or ricultural p~ommercial~•lursery~urposes js ,-..-~ Deleted :... ... ... ... ... ... .. ..r-rzil I prohibited. This prohibition shall not apply to watering of livestock. C. Washing Qf _~•rlotor vehicles boats, it lanes nd ther obile ,-.~.- ~ Deleted:..... _ '~ __.~P ,a P__ ~ ................... equipment js prohibited except when performed at a commercial car wash. This /% ••• •° ~•• ••• ••• °• ••• ••• prohibition ~Sha~l not apply to the washing of garbage ,rucks, .vehicles used to // transport good ,and perishables end other mobilg equipment for which frequent % cleaning is essential for the protection of the public health,.safety and welfare. D. Filling or refilling of swimming pools, spas, ponds and artificial lakes is prohibited. E. Watering golf Fourse ~reas~other xhan ,greens~is prohibited. Watering of parks, school grounds and recreational~ields is prohibited except foi; plant materials classified ,~s rare, exceptionally valua_ble_pr essential to the well being of rare animals. ---- F. Water ~Shall_~lot be ,used ~o wash down sidewalks, driveways, parking areas, tennis courts patios or other paved areas except to alleviate immediate fire or sanitation hazards. G. Restaurants shall not serve water to customers requested. H. Ornamental fountains,and similar structures shall not be operated. _ _ '' I. New construction rrleters ,end permits for ,unmetered service shall not ,pe issued~Construction water ,shall not be used for ,earth anrork ~r road '~' construction purposes. Deleted : ... ................ ... ...¶ Title 9- page 83¶ ...~m...Sectton Break (Next Page)r~.w,,. ... C-f291 Deleted : ....................~ i Deleted- ----------- ------------ --- requested..¶ ....................Column g~k.................... ... x311 Deleted:..Sectlon Break (Next Page},. Deleted: Deleted : ............................ ............... r r~~i J. The ~.lse_ of non_reclaimed_~nd non_rec cy led Lwater ,~y commercial ~,..--- Deleted: ......... ,,, f331 car washes shall be reduced in volume by 50%. K. The ruse ~f water for Gommercial~rlanufacturing~Dr ,processing -_.- Deleted : ... ............... ... x341 purposes shall be reduced in volume by 50%. Water shall not be used for air conditionin § 9.37.080 Relief~rom_Water~Conservation Measures. c .. ---------~---------------------°----- - --------~------------~ A. Within 15 days fp the f~ fective,Ldate Qf a_ resolution declaring ~he_ •----- water conservation phase, any water user may apply to the irector for relief from the applicable water conservation measures. Applications shall be filed on Deleted: Section Break (Next Page}. § 9.35130¶ ........... Column Break~~----~(-rzci Deleted: ... ... 36 Deleted: Section Break (Next Page} Deleted : ..................... director...... I Title 9 Warer Ordinance with MET and CA changes compared to existinti _ 6 _ a cityFprovided_form and shall_be_accompanied_„by an application fee in an _._.-• Deleted:-... ...r3s1 amount set by city council resolution. B. The irector_ may_~pprove~, conditionally ,~~prove j~s de~r~n _~- Deleted: director ... ............ application for ~•elief from water conservation jneasures„_In making such ~/ ••• ••• ••• ••• ••• ••• ~ ••• ~ ••• ••• director •.• 39 determination, the irector shall consider the following factors: ; ~ 1.t _= Whether additional Deduction in w_ ater consul ion will result in unemployment. 2. Whether additional _~ersons hav~beer~addec~tcz~the household. c.--------- --- - '-- --- -- -------------- -- ---- -- 3. Whether additional ~andsca~ed ~ropert~r has been_added to '~• ; the ro ert since the corres ondin illin eriod of the rior calendar ear. -, \ 4. Changes in vacancy factors in multi-family housing. ~, ~` 5. Increased dumber ,pf .~mployees_~ commercial, jndustrial ~~, and governmentalQffices. ~ `, Deleted:.Section Break (Next Page} in unemployment.¶ .................... Column Break-................... Deleted:.=Section Break (Next Page}. .Section Break (Next Page)~~ household.¶ ...... . ...........Column Break................._ Deleted :................... ... x411 Deleted: ~ectlon Break (Next Page)" Deleted: .........properly... r, rg21 Deleted:.Section Break (Next Page} ~ 6. Increased production requiring increased process water. ''~ Deleted :.................. ... r4s1 7. Water uses during new,~onstruction. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ Deleted: construcflon , 8,. Adjustments to water, use caused py emergency health pf -._~.•- ¶eleted: ~,.„.,.:u,~ safety hazards. i safety hazards.¶ i .................••-Column Break.................... 9. First filling of a permit-constructed,swimming_„~ool_• _ _ __ - ••• ••• ••• ••• ••• 44 ~'~~ Deleted:..Section Break (Next Page}. 10. Water use necessary_ for reaso_n_s belated to family illness or ~' ¶ .~.--------------------- - \ Deleted: health. ...p°°i 45 Deleted: erection Break (Next Page}. 11. Whether the applicant,~as achieved the maximum practical `, ¶ reduction In water consumption ther than in the s ecific areas for which relief is ~ ....................~lumn Break..-•••--•-••-------• SOUght. \ `, ... 46 C. The decision of the irector shall be final. § 9,,7.085 _ Enforcement of Water~onservation A. The ,penalties Set forth ~n this s~ectioR shall be exc__I_u_s_ive_~nc~_ not cumulative with any other provision of this code. follows: Violation ~f anrate~ conservation measures ~halL be \\ Deleted:..Sectlon Break (Next Page}. Deleted: ... ... ... 47 Deleted: director Deleted: 36.1 35 ......Pha ,,, 46 Deleted : ... ... ... ... ... ... ( rao, Deleted:..Section Break (Next Page} follows:¶ .........,._......Column Break....._---.......... ..................... (-rcm I Title 9 Witter Ordinance widt MET and CA changes compared to existing - 7 - 1._ _ First violation: the irector shall issue a written notice 2. Second violation ~iuring~~wate~ conservation ~hase:~the~ irector shah impose ~ surcharge jn an amount equal to 15% of the violator's water bill. ' 3. Subsequent violations plu ing_~ Lwats conservafio~phase~ - the,pirector shall install a flow restricting device of one~allon per minute capacity for services to 1.5 inches size, and a coin arativel ized restrictor for lar er service, ,pn the service Qf the violator ,at the premises ,,at which the violation ; /j occurred or eriod f not less than 48 hours The irector shall char ethe ~~ ~_._.p-~~ -------- - ~ .-~,._._ __ 9 ; water riser the actual hosts Qf installation ~c~ removal _~f _~he evice ~ fo~ restoration pf normal ,~ervice~Normal service Shall not be restored until all the account has been made current and all charges have been paid // C._ A_ny person~eceiving~notice of ,second_~r subsequent violation may request a hearing by the.pirector by filing_a written appeal with_ the city clerk within 15 days of the date of such notice. The appeal fee shall be in an amount set py city ~ounci~ resolution. q, timely request }or ,~ jlearina ~hal~ stay the installation of a flow-restricting device on the appellant's premises until a decision has been made on the appeal. Flf the irector determines that th_e surcharge was incorrectly assessed, the city shall refund any money deposited p~ the custo_m_er._ The irector's decision on the appeal shall be final. SECTION 2. If anv section, subsection subdivision paragraph sentence clause or phrase of this ordinance or anv Hart thereof is for anv reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section subsection subdivision ' paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions paragraphs sentences clauses or phrases be declared invalid. ; PASSED, APPROVED AND ADOPTED by the Citv Council of the City of Seal Beach at a meeting thereof held on the day of 2009. Mayor _ CITY OF SEAL BEACH .-- Deleted: ¶ director .. 51 Deleted: ..Section Break (Next Page} \ Deleted : ... ... ... ... ... ....director ............... ... 52 -• Deleted : ..................director... i ....................................... ' .......director ........................ ~, r ............................ ~~~, Deleted: ¶ Title 9 -page SS¶ •-----------~+ion Break (Next Page).~..~.Y:._- ¶ .................director......... ....director......director's Deleted: ¶ ¶ I ¶ I ~ ', ¶ ~ 9 i ¶ I ~ ~ ¶ i ¶ I ¶ ~ Title 9- page 86 j I Title 9 Water Ordinance with MET and CA changes compared to existing _ g _ ATTEST: City Clerk STATE OF CALIFORNIA ~ COUNTY OF ORANGE ? SS CITY OF SEAL BEACH ~ I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of .2009, and passed, approved and adopted by the Citv Council of the City of Seal Beach at a meeting_held on the day of 2009 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk I Title 9 Writer Ordintuue with MET and CA changes compared to