Ordinance No. 953 - Urgency Ordinance Amending Chapters 13.04.040, 13.04.050, 13.04.060 and 13.04.080 of the Rosemead Municipal Code Concerning Water ConservationORDINANCE 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 11;
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;
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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 II 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-
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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. FECHMAN
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No. 953 was duly and regularly approved and adopted by the
Rosemead City Council on the 9th of June 2015, by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Absent:
None
Abstain:
None
Gloria Molleda
City Clerk