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CC - Item 6D - Adopt Urgency Ordinance No. 953 Amending Muncipal Code Section 13.04 Concerning Water ConservationROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 9, 2015 SUBJECT: ADOPT URGENCY ORDINANCE 953 AMENDING MUNICIPAL CODE SECTION 13.04 CONCERNING WATER CONSERVATION SUMMARY On November 10, 2014 the City Council adopted Resolution 2014 -57 implementing Phase II water shortage conservation measures. Subsequently, on April 1, 2015 Governor Brown issued an executive order mandating additional water conservation of 25% statewide compared to 2013 usage figures. Based upon the additional mandates, the City's current Phase II restrictions are not sufficient and the City's current code section 13.04.060 regulating Phase III restrictions also are not sufficient. Therefore, Urgency Ordinance 953 is being presented to completely amend code sections 13.04.040, 13.04.050, 13.04.060 and 13.04.080 to ensure compliance with the Governor's mandate and the intended response of the six (6) water companies that supply water to Rosemead. Additionally, due to the Governor's executive order, the City Council needs to declare a Phase III water shortage with mandatory conservation measures. Staff Recommendation It is recommended that the City Council take the following actions: 1) Adopt, as an urgency measure to comply with the Governor's mandated water conservation requirements, Ordinance 953 "An Urgency Ordinance of the City Council of the City of Rosemead, California, amending Chapters 13.04.040, 13.04.050, 13.04.060 and 13.04.080 of the Rosemead Municipal Code concerning Water Conservation." 2) Adopt Resolution 2015 -24 declaring a Phase III water shortage with mandatory water conservation measures. ANALYSIS On April 1, 2015 the Governor issued an executive order mandating water conservation of at least 25% statewide. Subsequently, the State's Water Resources Control Board has developed implementation requirements along with conservation targets for each retail water provider based on region. City staff has been meeting with the various water ITEM NUMBER: -Il City Council Meeting June 9, 2015 Pace 2 of 3 providers, both individually and as a group, to develop regulations that can be implemented city -wide and are enforceable. The City's current water conservation regulations are based on various levels of supply shortages. In speaking with the water purveyors servicing the City, drought and conservation requirements in the State are no longer announced based on supply shortages, but rather have changed to conservation requirements based on usage. As such, the water purveyors would not issue letters to the City regarding water delivery shortages. Additionally, the Governor and the State Water Resources Control Board have issued specific water conservation requirements that are not included in the City's existing Code. Therefore, as an urgency measure, it is being proposed that the City amend its municipal code to reflect the State's conservation requirements and the water purveyor's intended response. The amended code will mandate the additional conservation measures of: Phase II Requirements 1. The restrictions on watering lawns, landscape or other turf with potable water by methods other than drip irrigation or mircospray shall be limited to the hours between 6:00p.m. and 8:00a.m. 2. The restrictions on watering lawns, landscape or other turf with potable water by methods other than drip irrigation or mircospray shall be limited to no more than three (3) days per week. Even - numbered addresses shall water on Monday, Wednesday and Friday and Odd - numbered addresses shall water on Tuesday, Thursday and Saturday. Phase III Requirements 1. The restrictions on watering lawns, landscaped or other turf with potable water by methods other than drip irrigation or microspray shall be limited to no more than two (2) days per week. Even - numbered addresses shall water on Monday and Thursday and Odd - numbered addresses shall water on Tuesday and Friday. 2. Irrigation with potable water of ornamental turf on public street medians is prohibited; 3. Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established in the California Building Standards Code is prohibited 4. Application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited; 5. Water used on a one -time basis for purposes such as construction and dust control, shall be limited to that quantity identified in a plan submitted by the user which describes water use requirements. The plan shall be submitted to the City's Community Development Department for approval. Water sources other than potable water shall be utilized where available; City Council Meeting June 9, 2015 Paae 3 of 3 6. The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain public health, safety and welfare. The City's staff has met with all six purveyors and they are supportive of the proposed regulations. Each of their governing bodies will be adopting similar regulations along with sending notices to all of their customers. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: Submitted By: Sean ullivan MatthAw E. l4awkesworth Acting Public Works Manager Asst City Manager /Director of Public Works Attachment: A. Ordinance No. 953 B. Resolution No. 2015 -24 ORDINANCE NO. 953 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTERS 13.04.040, 13.04.050, 13.04.060 AND 13.04.080 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING WATER CONSERVATION. WHEREAS, on November 10, 2014 the City Council of the City of Rosemead adopted Resolution 2014 -15 implementing Phase II water conservation measures in accordance with municipal code section 13.04.050; and WHEREAS, on April 1, 2015 the Governor of the State of California issued an executive order mandating additional water conservation of 25 %; and WHEREAS, on May 5, 2015 the State of California Water Resources Control Board adopted conservation requirements to achieve the conservation target of 25 %; and WHEREAS, the City of Rosemead's current municipal code section 13.04 regulations do not match the regulations imposed by the State Water Resources Control Board; and WHEREAS, in order to meet the water needs of residents and businesses in the City of Rosemead and protect the public from potential health hazards, the City must impose more stringent water conservation requirements; and WHEREAS, the City Council desires to adopt provisions of the Rosemead Municipal Code as amended by this Urgency Ordinance, which are intended to reduce the risk to public health; and WHEREAS, it is necessary for the amendments to the Rosemead Municipal Code, as provided herein, to take effect immediately so that the City of Rosemead can impose stricter sanctions, including fines or penalties, on water users who do not conserve water in accordance with the requirements of this ordinance; and WHEREAS, immediate amendment of the provisions pertaining to the drought as set forth in this Urgency Ordinance, will be in the interest of the public health, safety and general welfare of the public and will help diminish the risk of personal injury of Rosemead residents in the event of a water outage; and WHEREAS, California Government Code section 36937 empowers cities to adopt, by a four - fifths vote, an urgency ordinance which is necessary for the immediate preservation of public peace, health or safety; and WHEREAS, the City Council has determined that the adoption of this Ordinance is necessary for the immediate preservation of public peace, health and safety to reduce the risk of personal injuries related to the lack of water supply to the region. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . Urgency Findings. The City Council of the City of Rosemead hereby adopts the recitals set forth in the introduction of this Urgency Ordinance as findings to support the adoption of the provisions contained herein. This Urgency Ordinance is enacted pursuant to Government Code Sections 36934 and 36937 for the immediate preservation of public peace, health and safety. SECTION 2. Chapters 13.04.040, 13.04.050, 13.04.060 and 13.04.080 of the Rosemead Municipal Code is hereby amended to read in its entirety as follows: 13.04.040 — Phase I water shortage — Voluntary conservation. A. A Phase I shortage shall be declared when the City is advised by the State Water Resources Control Board or by the city's water purveyors that conservation of up to ten (10) percent is required due to a shortage of water supplies. B. All elements of Phase II shall apply to Phase I on a voluntary basis only. 13.04.050 — Phase II water shortage — Mandatory conservation. A. A Phase II shortage shall be declared when the City is advised by the State Water Resources Control Board or by the city's water purveyors that a conservation of up to twenty (20) percent is required due to a shortage of water supplies. B. The following restrictions on the use of water by water users shall be in effect during a Phase II shortage: 1. There shall be no hose washing of sidewalks, walkways, buildings, walls, patios, driveways, parking areas or other paved surfaces, except to eliminate conditions dangerous to public health or safety or when required as surface preparation for the application of architectural coating or painting; 2. Washing of motor vehicles, trailers, boats and other types of equipment shall be done only with a hand -held bucket or a hose equipped with a positive shutoff nozzle for quick rinses, except that washing may be done with reclaimed wastewater, or by a commercial car wash using recycled water; 3. No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recycling system; 4. No water shall be used to refill a swimming pool, spa or hot tub emptied after the commencement of Phase ll; 5. All water users shall repair all leaks from indoor and outdoor plumbing fixtures within forty -eight (48) hours of discovery; 6. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested and shall display a notice to that effect; Page 2 of 4 7. The owner and manager of every hotel, motel, inn, guest house, bed and breakfast facility, and short -term commercial lodging shall post a notice of water shortage and any necessary compliance measures; 8. No water users shall cause or allow the water to run off landscaped areas into adjoining streets, sidewalks or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering; 9. If a local purveyor has not previously designated outdoor watering restrictions, then the following restrictions shall apply: a. The restrictions on watering lawns, landscape or other turf with potable water by methods other than drip irrigation or mircospray shall be limited to the hours between 6:OOp.m. and 8:OOa.m. b. The restrictions on watering lawns, landscape or other turf with potable water by methods other than drip irrigation or mircospray shall be limited to no more than three (3) days per week. Even - numbered addresses shall water on Monday, Wednesday and Friday and Odd - numbered addresses shall water on Tuesday, Thursday and Saturday. c. These provisions shall apply to residential, commercial, industrial and public agencies but shall not apply to commercial nurseries, golf courses and other water - dependent industries. 13.04.060 Phase III water shortage — Mandatory Conservation. A. A Phase III shortage shall be declared when the City is advised by the State Water Resources Control Board or by the city's water purveyors that a conservation of more than twenty (20) percent is required due to a shortage of water supplies. B. All of the restrictions of Phase 11 shall apply except that: 1. Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established in the California Building Standards Code is prohibited 2. Application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited; 3. Water used on a one -time basis for purposes such as construction and dust control, shall be limited to that quantity identified in a plan submitted by the user which describes water use requirements. The plan shall be submitted to the City's Community Development Department for approval. Water sources other than potable water shall be utilized where available; 4. The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain public health, safety and welfare. 5. If a local purveyor has not previously designated outdoor watering restrictions, then the following restrictions shall apply: a. The restrictions on watering lawns, landscape or other turf with potable water by methods other than drip irrigation or mircospray shall be limited to no more than two (2) days per week. Even- Page 3 of 4 numbered addresses shall water on Monday and Thursday and Odd - numbered addresses shall water on Tuesday and Friday. b. These provisions shall apply to all consumers including commercial nurseries, golf courses and other water - dependent industries 13.04.80 — Violations - Penalties. Any person or water user violating any of the provisions of this chapter shall be issued a written warning for the first violation. Upon the second or subsequent violations, the person or water user shall be cited in accordance with Section 1.20 — Administrative Citations of the Rosemead Municipal Code. This remedy is in addition to and cumulative with any other remedies or penalties available in the Rosemead Municipal Code. PASSED AND ADOPTED this 9th day of June, 2015: MARGARET CLARK MAYOR ATTEST: GLORIA MOLLEDA CITY CLERK APPROVED AS TO FORM: RACHEL R. RICHMAN CITY ATTORNEY Page 4 of 4 RESOLUTION NO. 2015 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA DECLARING A PHASE III WATER SHORTAGE WITH MANDATORY WATER CONSERVATION MEASURES WHEREAS, on April 1, 2015 Governor Brown issued an executive order mandating additional water conservation of 25% statewide; and WHEREAS, on May 5, 2015 the State of California Water Resources Control Board approved and adopted statewide emergency regulations for urban water conservation due to severe drought conditions; and WHEREAS, over the past several months the City of Rosemead has implemented mandatory Phase II water conservation measures pursuant to Rosemead Municipal Code Chapter 13.04 on Water Conservation in an effort to comply with the direction of the Governor and State Water Resources Control Board; and NOW THEREFORE, IT BE RESOLVED that the City Council declares a Phase III water shortage with mandatory conservation measures pursuant to Rosemead Municipal Code Chapter 13.04.060. PASSED, APPROVED and ADOPTED this 9th day of June 2015. Margaret Clark, Mayor ATTEST: Gloria Molleda, City Clerk