HomeMy WebLinkAboutCC AG PKT 2009-06-08 #PDATE: June 8, 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:
Conduct Public Hearing, consider testimony and adopt Ordinance No. 1586
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 and 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.
Substantive changes to the existing ordinance include the addition of provisions
for permanent conservation measures including:
Agenda Item P
Page 2
• 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.
This proposed ordinance was introduced at the May 11, 2009 City Council
meeting. Councilmember Miller made several comments which should be
addressed. A comment was made that he believed section 9.37.015 — Leaks
would be unenforceable. While detecting leaks from plumbing fixtures in the
interior of a building is difficult, it can happen if an occupant asks for our
assistance because of a high bill or even can be detected by city staff if unusual
consumption patterns are detected via meter reading. Exterior leaks are much
easier to detect and are usually obvious. Staff would use discretion in
enforcement actions.
It should be noted that a slight change was made to section 9.37.025 — Watering
Hours, from the language presented in the ordinance as introduced. This was
done to clarify the intent of this section.
Another comment was made regarding section 9.37.035 — No Washing Down
Hard or Paved Surfaces. Under normal circumstances, broom cleaning paved
surfaces is sufficient. This is a routine water conservation practice. This section
does allow for using water to wash down hard surfaces to alleviate safety or
sanitary hazards.
Councilmember Levitt took issue with section 9.37.075 (E) relating to allowing
golf greens to be watered under Phase 3 conditions. A brief discussion followed;
however, no direction was given to staff by the City Council.
MWDOC and MET will prioritize applications and process incentive payments
where an agency has a conservation ordinance and implementation plan in
place. Mr. Joe Berg from MWDOC will be present at the City Council meeting to
make a brief presentation and answer any questions the Council may have.
FINANCIAL IMPACT:
There is no direct fiscal impact to the City.
Page 3
RECOMMENDATION:
Conduct Public Hearing, consider testimony and adopt Ordinance No. 1586, An
Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code
by Revising and Supplementing the City's Water Conservation Provisions.
SUBM ED BY•
Vin c4 Mastrosimone
Director of Public Works
NOTED AND APPROVED:
David Carmany, City Manager
Attachments:
A. Proposed Ordinance No. 1586
B. Red line /strike out version
C. Provision comparison matrix
ORDINANCE NUMBER 1 586
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 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, or
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
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 =
Ordinance Number 1586
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, a hand -held hose equipped with a positive self - closing water shut -off
device, a low- volume, high - pressure cleaning machine equipped to recycle any
water used, or a low- 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.
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
Ordinance Number 1586
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, a hand -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.
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.
Ordinance Number 1586
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.
G. Restaurants shall not serve water to customers unless specifically
requested.
Ordinance Number 1586
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
a city- 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 a permit- constructed swimming pool.
10. Water use necessary for reasons related to family illness or
health.
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.
§ 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.
Ordinance Number 1586
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 a flow- restricting device on the appellant's 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 8th day of June , 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 Reach, California do hereby certify
that the foregoing Ordinance was introduced for first reading at a meeting held on
the 11 th day of May , 2009 and was passed, approved and adopted
by the City Council at a meeting held on the 8th day of June , 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
ORDINANCE NUMBER _ _ _ _ Deleted: ¶
- - - - - - - - - - - - - Premanent Water Conservation
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. Th e Seal Beac _ Municip al Code is amended by deleting Sections
9.35.095 9.35.135 and replacing those sections with anew 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 4 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
Dlumbina 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, putters, ditches or any paved
surfaces due to incorrectly maintained sprinklers, excessive watering or use.
Deleted:. Leaks.¶
Obligation
Deleted: through breaks, leaps or other
malfunctions in the water user's
plumbing or distribution system for any
period of time 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, includingi
but not limited to sidewalks, walkways,
driveways, parking areas, tennis courts,
patios 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.i
i
I PW -Staff Report - N -Water Conservation Ordinance (Title 9 Water Ord redline version - 1 -
§ 9.37.025 Limits on Watering Hours- ----------- - - - --- - ---- - -------- - - -
Deleted Watering
No water user shall cause or allow watering or irrigating of the user's lawn,
landscape or other vegetated areawith _potable water between 2:00 a.m. - and - -
Deleted: q
- ,
:5 OO�p_T. on_any_ day, except by use of a hand - water shut - off nozzle or device,,`';
- between - - ,
Deleted: is prohibited
Notwithstanding this restriction, a water user may conduct such activity
Deleted: the hours
5:00 p.m. on any day and 9:00 a.m. of the following ay for a very short erio of '' �
9 rY P dr '�
of_a
_
time for the imited purpose of adjusting or repairing an irrigation system. ,',
Deleted: —
-'.
Deleted: Pacific Standardq
Ti
§9.37.030 Limit on Watering Duration,_ `,',''
< ,
Deleted held bucket orsimilar
container, a hand -held hoseq
<
`
No water user shall cause or allow watering or irrigating of lawn, `� ';,�'
equipped with a positive self-closing
landsca or other ve are with pota ,
water usin g a landsca p e water
g � - ` - ,
Deleted or
irrigation system or a watering device that is not conti attended jor long
Deleted: s
-
than j 5 watering per day per station._ This,Section_does not apply to \; , '�
Deleted express
landscape irrigation systems that exclusively use very low -flow drip type irrigation * ` ;',
Deleted:: Watering
systems when no emitter produces more than g gallons of water p r,, oqy and '�
Deleted: q
weather based controllers or stream rotor sprinklers that meet a 70 % efficiency
Deleted: islimiredtonomore
standard, ,''.
a' ,+
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: two
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, a hand -held hose equipped with a positive self - closing water shut -off
device, a low- volume, high- pressure cleaning machine equipped to recycle any
water used, or a low- volume high- pressure water broom.
§ 9.37.040 Re- circulating Water Required for Water Fountains and
Decorative Water Features- _ _ - - _ Deleted:
V_ _ _ _ _ _ _ _ _ _ _ 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 I o f
No person shall install single pass cooling systems connection with - new- - Deleted: isq
water service. L prohibited in buildings requesting
Deleted: q
I PW -Staff Report - N -Water Conservation Ordinance (Title 9 Water Ord redline version - 2-
49.37.050 No Installation of Non -re- circulating in Commercial Car Wash
and Laundry Systems _ _ - - - - - - - - - - - - Deleted:
------------- ----- ---------- --------- - -- -- -- _ _ Deleted:installationaf
N o person shall install non -re- circulating water systems connection with _ _ Deleted: is prohibited ia new ... new ...
q
commercial conveyor car wash and commercial laundry systems, Effective on , �' Y
1 / Commercial Car Wash Systems:... all
January 1, 2010, She owner or operator of any commercial conveyor car wash i
_ - new ...systems must have
syste shall install operational re- circulating water systems, or a waiver f installed... must have secured ... th�f17
of this requirement
1,
Washing of Vehicles and Ec
No person shall wash a motor vehicle, trailer, boat or other type of ,Lnobile _
equipment ether khan p� and -held bucket pr ey a }pose �guip�eith
positive shut -off nozzle. This prohibition shall not apply to washing performed at
a commercialpar wash. \
§ 9 ,37.060 _ _ Determination of Water Conservation
ase.
A. The city_ council ,Inlay ,py resolution declare s water conservation
phase upon lnaking findin specifili � pa ragrap h _Such resolutions �ha11
specify the sta day the phas and shal be effective jupon publication jn a
daily newspaper g enera l circulat wi thi n the cit y___
I B . The finding necessary for each water ,conservation
follows:
' - - -- - - - -°- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- --
1 Phase 1: A Phase 1 Wa Supp Shortage exists when the -
�ity council determines, in its sole discretion, that due to drought or other water
supply ,c onditions, 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_ hase 1 Wa ter Supply Sho rtage cond ition, the Fitt' council
will implement the mandatory FLase 1 conservation measures identified in this
section.
• - - - -- - -- - -- - - --------------------------------------
2. hase 2: A Phase 2 Wat ply Shorta a e xists when the
,pity council determ i n its s di screti o n, that due-to d rought or other water
supply ,gonditions ra severe water supp 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 ,gity council o f a hase 2 Wa S upPIY Shortag con the ;
pity council w ill im plement_ th m andatory phase 2 con meas
identified in this section.
Deleted: ¶
— Break (Next Page -.
35.100 . Runoff.¶
No water user shall cause or allow
water to run off landscape areas into
adjoining . streets, . sidewalks . or
other . paved. surfaces . due. to
incorrecty maintained sprinklers or
excessive watering.$
I
§ 9.35.105
Deleted: mobi .....................
Deleted: 35.110... �r4
Deleted: ...........................
.... she............ rir,
Deleted:
follows:¶
....................Col Break....................
.................. ...... F. (61
Deleted:. Section Break (Next Page).
1.. Level
Deleted: : ... Level
City... reductions... City... Level... City
Level ... The type of event that may
prompt the City to declare a Level 1
Water Supply Shortage may include,
among other factors, a finding that its
wholesale water provider calls for
extrao w ater conservation. ... [yl
Deleted: .1
ection Brea (N Page) —
Deleted: Level ... ¶
.A Level ... City ... I
reductions ... a ... City ... Level... City
Level F _ rq7
I PW -Staff Report - N -Water Conservation Ordinance (Title 9 Water Ord redline version - 3-
3. Chase q:. A
also referred to as an "Emergent
the ` city council decl a w
and businesses that a sianificant
declaration of a Phase 3 Water
implement the mandatory Fha,
section.
lase 3 Water Supply Shortage condition is .
condition._ Phase 3 condition exists when
ortage emergency and notifies its res ide n ts
m in consumer demand is necessary to
)ublic health and safety. Upon the
Shortaqe condition, the -city council will
3 conservation measures
this
Deleted:. Level.... A Level ... I
Level... City ...make more efficient use
of water and respond to existing water
conditions.... Level... Emergency ...City
Level
Deleted: § 9.35.115. Level
§ 9.37.065 Phase 1 Measures _ _ _ _ _ _ _ _ - - - - f Deleted
The ollowinNc water con servation measures aPRI �urincL water Deleted:
conservation phase 1 . .... Level 1.1
....................Column Break.....................
water . conservation ......
A. Irrigation t s hall not b e performed except pn desi_ nated jrrigation Deleted: -Section Break (Next Pagey.
days And between the , ours f :00 ,p.m�and�:00 ,a.m, lr�ation lna e
performed ,@ a[ time if don by means of a hand - held j hose equipped it Deleted: ... ... ... ... ... ... ... ... ...
positive shut -off ozzle, hand -held faucet fi lled buc of 5 gal lons or less, or a
drip irrigation system.
- Deleted:
B. Agricultural users , end co mmercial n , _ all n oek •- Deleted: ... ... .. ... 1Z
essential water use, but are otherwise exempt from phase 1 lneasu
of livestock and irrigation of propagation beds are permitted at any time.
C. Washing pf_ Jnotor vehicles, boats, ,airplanes and ,ether Jnobile Deleted : ...........................
equipment hall a erfor onl on desi Hated 'rri ation da s nd etween /. ......... • .. . .. ... ... ....... .........
p —p - - -g— - -fig j Yom_ .b—_.__�ii
... 13
the hours pf 6:0 ,p_m and x`00 a .m, This prohibition all not -,a I o the
washing of garbage trucks, vehicles fused to transport food and perishable , /
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 between the hours of_ _ -
Deleted:
- and _
-- - -- -- - - - - -- - - - - --
6:00 p.m. and 6:00 a.m.
Deleted: 6:00 p.m. and 6:00 a.m.¶
- -- - -- - - - - -- - -- - - -- -
- -- -- - -- - -- - - - g round s nd ec reation al /
E. Watering golf nurses, park �sghool� e
Deleted: ................... 14
fields shall be performed only between the hours of 6:00 p.m. and 6:00 a.m is ��
Deleted: water shall not be used
prohibition does not apply to golf course greens.
to wash down sidewalks,
/
driveways, parking areas, tennis
courts patios or other paved areas
F. gstgurants hall not serve water to customers nless specificall
p y
except to alleviate immediate fire or
- - - - - - -
requested.
sanitation hazards.Q
¶
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• - G. Ornamental fountains and similar structures shall not be operated. '��
G. requested.¶
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.. 1s
Deleted: Section Break (Next Page).
9
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I PW -Staff Report - N - Water Conservation Ordinance (Title 9 Water Ord redline version - 4-
§9 ,37.070 Phase2Measures ---- ------ --- --- ------------------- - - - - -- Deleted 35120
_ The _ owing water conservation measures apply during water , _ Deleted: - Section Break (Next Page}.
conservation phase 2. is
Deleted: .......... Column Break•••••••••••
A. Irrigation t S hall of a erformed xce t n esi Hated 'rri ation water . conservation . measures
apply. during . water¶
days and between the hours of 10:00 p.m. and 6:00 a.m. ..........Section Break (NextPage)�.......
B. Agricultural users end commercial u rs e riess shall u s e water ,pnl Deleted: ... ... ... ... ... ... .. 17
h p ,6: j6: p.m,,_Watering pf Jivestock and
between he ours f 00 p.m, and 00 ~� Deleted :...........................
irrigation of propagation beds are permitted at any time. "' "' "' "' "'
C. Washing of motor vehicles P oats, irplan ,and o ther m obile Deleted: propagation beds are
e ui ment ' rohi ex t when erformed a t a co car wa sh , This �� permitted at any time.¶
prohibition ,shall not apply fo the washing of garbage ,rucks, vehicles fused to ; C.. Washing of ..................
transport food ,and perishables and other mobile equipment for which frequent ••• ...performed ....................
cleaning is essential for the protection of the public health, safety and welfare.
FDele
Q Filli or ,efilli ng of r Swimminq pool spas, ponds and.rtificial lak es_ ed F....ref ....sw mm ng 00
shall be performed only on designated irrigation days and between the hours of a.......¶ 20
10:00 p.m. and 6:00 a.m.
E. Watering • g pu
olf rses, , parks, sc hool round nd r ecreational ! Deleted : ..........................
fields shall pe _e rform ed ,pnly� betwee the h ours of 10:00 p.m. and 6:00 a.m.
This prohibition does not apply to golf course greens.
F. Water Shall ,pot .be }ased Jq_p ash_, d o sidewalks, driveway _ Deleted :... ........................
parking areas,_ 2nnis_ ourtsp pr oth er paved a , reas except o alleviate .% •..
immediate fire or sanitation hazards.
G Restaurants ,shall not serve water jo customers unless specifically — — I Deleted:. Section Break (Next Page}.
_ requested.¶
requested. ...•.•..•••••••..-Column Break ....................
-- -- nament -
- - - - -- - - -- 23
FU Oral fountains and similar structures shall not be operated. Deleted: Section Break (Next Page).
1. New construction ,meters and permits for unmetered service shall - Deleted: ... ...
not J bA j . ss4 q d Co nstruc tion w ater S hall e use for eart work or road /,f rzai
construction ur oses. i
J. The u§p_of non-reclaimed and non- recycled water by commercial .. -----(Deleted: ............ 25
car washes shall be reduced in volume by 20 %.
94Z.075 Phase 3-Measures, _ _ _ _ _ - - .. - Deleted: 35.1 25
Deleted: I
The ollowinq water conservation measures apply during water ,% -Section Break (Next Page)
..
- - - - .... phase 3.¶
conservation phase 3. ...................C Break....................
water . conservation ........ ._- r2si
I PW -Staff Report - N -Water Conservation Ordinance (Title 9 Water Ord redline
_____________________________ _ Deleted- -Section Break (Next Page�
A. ---- 6 utdoor irrigation is P rohibited. - ¶
B. Use pf water #or gricu ltural p 0y__ pur is " De(eted :....................... rz»
prohibited. This prohibition shall not apply to watering of livestock.
C. Washing Pf_,r ve hicles bo ats, Airplanes and o the r Jnobile _ Deleted:......
...................
equipmentisn_ro e xcept wh performed at a commercial car wash. This /,�' ° ° r rr
prohibition z shall _pot App!y to the the washing, of arbage rucks, veh icles - used t of
transport food 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
is prohibited.
E. Watering golf pourse areas, other Phan greens is prohibited. Deleted: ......
.................
Watering of parks, school grounds and recreational ji is prohibited except for te/ ¶
plant materials classified � s rare, exceptionally valuable pr essential to the well �` ¶
being of rare animals. Title 9 —page 831
..Section Break (Next Page)
F. Water t shall_ j not be used fo wash gown sidewalks, driveways, C ••• zs
parking areas, tennis courts patios or other paved areas except to alleviate ' Deleted: ....................... 30
immediate fire or sanitation hazards.
�G Restaurants shall not serve water to customers pnless specifically _ Deleted_ _ __ ___
requested. requested-1
....................Column Break....................
F Ornamental fountains,and similar structures shall not be operated. Deleted -Section Break (Next Page)�
I. New construction meters ,and permits for _unmetered service shall Deleted:
not be issued Construction water shall not be used for earth work pl; road -.- Deleted:
construction purposes. L ••. ••• ... ••• ••• 3z
J.
Thep Se of non_reclaimed s an d no n - wa ter by commercial - -_- Deleted:......... 33
car washes shall be reduced in volume by 50 %.
K. The }.I ,O ,water for F omme r cial Tlan processing - Deleted : ... ... .. ... ... ... ... 34
purposes shall be reduced in volume by 50 %.
TA L Water shall not be used for air conditioning purposes. Deleted: Section Break (Next Page).
§ 9.37.080 Relief rom Water Conserv Mea sures . § 9.351301
-•---• ` Column Break...... 35
- - - - - - - Deleted: ... ... 36
A. Within 15 days _f the,�ff date f _ resolution eclaring h '
Deleted: Section Break (Next Page).
water conservation ,phase, any water user may apply to the irector for relief _�,\ 1
from the applicable water conservation measures. Applications j shalI be filed on
Deleted : .....................
director......
I PW -Staff Report - N -Water Conservation Ordinance (Title 9 Water Ord redline version : A _ _
a city form and shall be accompanied _ -by an application fee in an Deleted: -... 3a
amount set by city council resolution.
B. The irector_ may j appro ve� conditionally ,approve pi; deny an _
application for relief from water ponservation measures,__ln making Ruch r
determination, the irector shall consider the followin facto
1 , -- Whether additio je d uction in water consumption will result
in unemployment.
V - - - - - - - - --------------------------------------------------
2. Whether additional persons ,have,, been, added, tq
household.
T- - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -
- ---
3. Whether additional Jndscap ,property has been added to
the ,Arogerty since the correspond ingbiINng period of the prior calendar year.
T - -- ---------------------------- ---------------- - - - -�\
4. Changes in vacancy factors in multi- family housing.
5. Increased dumber , pf pm A _ co mmercial, jndustrial
and governmental pffices.
6. Increased production requiring increased process water
Deleted: director ................
.............................
director r f39
Deleted: Section Break (Next Page).
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in unemployment.¶
....................Column Break.....................
Deleted: - Section Break (Next Page
- Section Break (Next Page)-
household.¶
................... Break
Deleted: ... (411
Deleted: eSection Break (Next Page}
Deleted: .........proper ... [42]
Deleted: 4ectio B rea k (Next Page)..
Deleted: .................. r razi
7. Water uses during new ,gonstruction . - - _ _ _ - - _ _ _ _ - - - - - - 4 Deleted: construcflon
_ Adjustments 3o water, use caused by emergency health pf - _._—
safety hazards.
-•--------..------- ----- •-------- ------ -- --- ---- - - - - --
9. First filling of a permit- constructed,swimmin_g
1 Water use necessary_ for related to family illness or
health.
• 11. Whether the applicant jfaS achieved the C naximum practic
reduction in water consumption they than in the specific areas for which relief is
sought.
-- \
C. The decision of the irector shall be final.
§ 9 7.085 Enforcement of Water ,Conservation- Requirements.
A. The penalties s forth �n this ti sh all be exclusive not ,.
cumulative with any other provision of this code.
B � _Violation of water, conservation measures j shaIL be penalized
follows:
Deleted:
11
safety hazards.¶
....................Col Break....................
............ 44
Deleted. Section Break (Next Page.
Deleted: ...pool ... r451
Deleted: Section Break (Next Page}
health.¶
....................C B
.. 46
Deleted: - Section Break (Next Page).
Deleted: ...... ... r471
Deleted: director
Deleted 35.1 35 ... ... Phas .. 48
Deleted: .................. ... 49
Deleted: - Section Break (Next Page}
follows:¶
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..................... 1 1 tin
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1. First violation: the [rector shall issue a written notice
V- - - - - - - - - - - - - - - - - - - - - - - - - - -
2. Second violation urin w tee conservation �ohase: the
• - - - -- -
Director shall, impose ,a surcharge in an amount equal to 15% of the violator's
water bill.
3. Subsequent violations uring,@_,_wa conservation phase
the [rector shall - ins a flo r estrictin device of one g allon p er minute capacity
for services j .Ip to 1.5 inches size, and a comparatively sized restrictor for larger
service, pn fhe service pf fhe violator at the premises~ ,at which fhe violation
occurred or _perio Qf n ot le ss tha 48 hours The irector shall charge the
water u Serhe a ctual p of i nstallation n remov pf h$ a d evice n for
restoration pf nor ser vice , Norm se rv ic e { shall not be restored until all t
account has been made current and all charges have been paid.
C. Any Peers09 p notice of j sec On d_pr subseq violation
may request a hearing by the irector b filing a w 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 c ouncil, resolution. � A, timely request for ,a h earing shalt stay $he
installation of a flow restricting device on the appellant's premises until a decision
has been made on the appeal. ,If the pirector determine t hat the surcharge was
incorrectly assessed, the city shall refund any money deposited p the cus tomer.
The .pirector's de cision 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
CITY OF SEAL BEACH
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Deleted: ...............
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.......director ........................
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Deleted: ¶
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Title 9— oaae 86
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-
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE ? SS
CITY OF SEAL BEACH I
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 City 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 PW -Staff Report - N -Water Conservation Ordinance (Title 9 Water Ord redline version - 9--
Ordinance No. 1586
Provision Comparison Matrix
PERMANENT
PHASE 1
PHASE 2
PHASE 3
Leaks — repair within 7 days
Runoff — no runoff from
landscape areas to sidewalks,
streets, etc.
Irrigation on designated days
Irrigation on designated days
Watering Hours — not
between 6 pm. and 6 a.m.
between 10 pm. and 6 a.m.
allowed between 9 a.m. and 5
except with hose (w /shut off
except with hose (w /shut off
Outdoor irrigation prohibited
p.m. except by hand
nozzle), bucket or drip
nozzle), bucket or drip
irrigation
irrigation
Watering Duration — no more
than 15 minutes per station
except dip irrigation
No washing down hard
No washing down hard
No washing down hard
surfaces except for safety or
surfaces except to alleviate
surfaces except to alleviate
sanitary hazards
immediate fire hazard or
immediate fire hazard or
sanitation hazard
sanitation hazard
Re- circulating water required
for water fountains and
decorative water features
No single pass cooling
systems
No non - recirculating
commercial car wash or
laundry systems
Non - commercial vehicles or
Non - commercial car washing
boats washing between 6
Washing vehicles and boats
Washing vehicles and boats
by bucket/hose (w /shut off
p.m. and 6 a.m. by
only at commercial car wash
only at commercial car wash
nozzle)
bucket/hose (w /shut off
nozzle)
Ordinance No. 1586
Provision Comparison Matrix
PERMANENT
PHASE 1
PHASE 2
PHASE 3
Agriculture and commercial
Agricultural and commercial
Agricultural and commercial
nurseries curtail non - essential
nurseries may use water only
nurseries water use prohibited
watering
between 6 p.m. and 6 a.m.
Fill pools on designated days
Fill pools on designated days
Filling or refilling pools
between 6 p.m. and 6 a.m.
between 10 p.m. and 6 a.m.
prohibited
Water golf courses, parks and
Water golf courses, parks and
Water golf courses, parks and
schools only between 6 p.m.
schools only between 10 p.m.
schools prohibited except for
rare plants, valuable plants or
and 6 a.m.
and 6 a.m. except golf greens
to support rare animals
Restaurants shall not serve
Restaurants shall not serve
Restaurants shall not serve
water unless requested
water unless requested
water unless requested
Ornamental fountains shall
Ornamental fountains shall
Ornamental fountains shall
not be operated
not be operated
not be operated
New construction will not be
New construction will not be
issued a permit for new
issued a permit for new
service. No water for
service. No water for
construction /road purposes
construction /road purposes
Commercial car washes shall
Commercial car washes shall
reduce potable water use 20%
reduce potable water use 50%
Water for commercial
manufacturing or processing
reduced by 50 %v
Water shall not be used for
air conditioning