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HomeMy WebLinkAbout1991-03-13 - AGENDA REPORTS - WATER CONSERVATION (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager "Approval Item to be presented y: March 13, 1991 WATER CONSERVATION Public Works 4� John E. Medina The City Council adopted Ordinance 91-16, establishing- a water conservation program for the City of Santa Clarita at its February 26, 1991 meeting. This ordinance was adopted under the authority of the Public Health and Safety Code. The City Attorney has recommended that the same Ordinance also be adopted under the powers granted to the City under the Water Code and entitled Ordinance No. 91-16. This fiction requires a Public Hearing, which has been noticed for this meeting. When the water conservation ordinance was discussed at 'the February 26, 1991 meeting, concern was expressed about the effect of lowered water usage on the operation of septic tanks and the sewage collection and treatment system. The lowering of water usage would have no effect on the biological processes nor on the hydraulic functions of septic tanks. Extremely low flows could cause material to settle. .in the sewer laterals, possibly causing blockage, but that would not generally be the case. Likewise, there are no adverse impacts anticipated for the sewer collection system and treatment facilities. In fact, the lower flows are advantageous. The lower flow rates provide for longer detention times in the treatment process, allowing a more complete biological processing of the waste water. The lower flows, if continued, could also allow the delay of expansions of the facilities. Since we currently do not have personnel which are designated for enforcement of the Ordinance, we have been investigating other possible alternatives. As a result of the cutback in State Water Project deliveries, the Castaic Lake Water Agency has offered the use of their four treatment plant operators for the purpose of investigating violations of the Ordinance. We will prepare a Memorandum of Understanding between the Agency and the City accepting this offer. and present it to the Council for consideration at a future meeting. It is recommended that after receiving testimony at the Public Hearing, that the City Council adopt Ordinance 91-16 under the provisions of the Water Code. /hds Adopted: Agenda Item: PUBLIC HEARING PROCEDURE 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision mr- CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING TO MARE APPROPRIATE FINDINGS OF NECESSITY, ADOPT & ENFORCE A WATER CONSERVATION PROGRAM, ORDINANCE 91-16 TO REDUCE THE QUANTITY OF WATER FOR THE PURPOSE OF CONSERVING WATER SUPPLIES PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to .make appropriate findings of necessity, adopt and enforce a water conservation program, Ordinance No. 91-16, to reduce the quantity of water for the purpose of conserving water supplies. The hearing will be held by the City Council in the City Hall Chambers, 23920 Valencia Blvd., lst Floor, Santa Clarita, Ca. 91355, the 13th day of March, 1991, at or after 6:30 p.m. Proponents, opponents and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Blvd., Suite 300. Dated: February 28,1991 Donna M. Grindey City Clerk Publish Date: March 3, 1991 ORDINANCE NO. 91-16 AN ORDINANCE OF THE CITY OF SANTA CLARITA ADDING CHAPTER 9.38 TO TITLE 9 OF THE SANTA CLARITA MUNICIPAL CODE WHEREAS, the State of California is experiencing a prolonged. drought; and WHEREAS, the delivery of State Project Water to the Castaic Lake Water Agency has been reduced by 90% of the requested delivery levels. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Santa Clarita Municipal Code is amended adding Chapter 9.38 to Title 9 relating to water conservation to read as follows: Sections: CHAPTER 9.38 WATER 9.38.010 Drought Committee 9.38.015 Water Conservation Regulations 9.38.020 Penalties 9.38.025 Termination of Ordinance 9.38.030 Ordinance 91-16 Amended 9.38.010 Drought Committee A. A drought committee shall be established, whose function shall be: 1. to review all available data on water consumption, water supply and ground water conditions; 2. to evaluate the level of compliance with the terms of this Ordinance; 3. to evaluate the level of achievement of the stated water consumption reductions; 4. to make recommendations. to the City Council concerning the timing of and need for implementation of future additional water restrictions as may be developed; and 5. to make recommendations to the water purveyors in the City of Santa Clarita .concerning additional measures to encourage water conservation, including but not limited to; conservation goals for individual water accounts, surcharges for excessive water use and the installation of flow restriction devices in water services. Ordinance No. 91-16 Water Conservation Page 2 B. The members of the Drought Committee shall include representatives from the staff of the City of Santa Clarita, the Upper Santa Clara Water Committee, other appointees as the City Council deems appropriate, and the staff of the.Castaic Lake Water Agency. 9.38.015 Water Conservation Regulations A. Water conservation shall be achieved through the restriction and/or prohibition of various types of water use. The restrictions and prohibitions shall be implemented immediately. B. The following conditions and restrictions shall apply to the use of water within the City of Santa.Clarita: 1. Hose Water Prohibition. a. No person shall hose -water or wash down any sidewalks, walkways, driveways, parking areas, or other paved surface. 2. Watering of Lawns and Landscaping. a. No person shall water or cause to be watered any lawn or landscaping between the hours of 8:00 a.m. and 6:00 p.m. except as provided in Section 9.38.015.B.2.e. b. Lawns and landscaping shall be watered no more frequently than every other day. C. No person shall water or cause to be watered any lawn or landscaping to. -such an extent that runoff into adjoining streets, parking lots or alleys occurs due to incorrectly directed or maintained sprinklers or to excessive watering. d. It shall be the duty of all persons to inspect all hoses, faucets and sprinkling systems for leaks and to cause all leaks to be repaired as soon as is reasonably practicable. e. Commercial gardeners and landscapers, municipal water uses, commercial nurseries,. golf courses and other water -dependent industries shall not water or cause to be watered any lawn of landscaping between the hours of 10:00 a.m.. and 3:00 p.m., and no more frequently than every other day, unless reclaimed water is used. f. The maintenance and testing of irrigation systems may be performed without the restrictions specified in Section 9.38.015.B.2.a and 9.38.015.B.2.e. Ordinance No. 91-16 Water Conservation Page 3 3. Indoor Plumbing. a. Accessible indoor plumbing and fixtures must be inspected for leaks and repaired as soon as reasonably practicable. b. New and replacement toilets, showers and faucets shall be of a low—flow type. New or replacement faucets shall be equipped with aerators. 4. Washing Vehicles. a. Vehicles must be washed by hand—held bucket or with a hose equipped with automatic shutoff nozzle. Noses may not be left running. b. These restrictions shall not be applied to commercial vehicle washing facilities and operations. 5. Public Bating Places. a. Water may be served only upon request by the customer. 6. Decorative Fountains. a. Water may not be used to clean, fill or maintain levels in decorative fountains unless the fountain has a water recycling system. 7. Landscaping and Irrigation Plans. a. All new landscaping and irrigation improvements shall be approved by the City of Santa Clarita Director of Parks and Recreation prior to construction. b. No. person or entity shall be required to implement any landscaping requirements of any association, developer or governing agency until the termination of'this ordinance. Ordinance No..91-16 Water Conservation Page 4 C. Conservation Coal 1. The goal of this Water Conservation Ordinance is to achieve at least 25% reduction of overall water consumption within the City of Santa Clarita. 9.38.020 Penalties. A. Willful violations of the terms of this Ordinance shall be subject to written warnings and/or citations. A written warning shall be issued upon the first violation of any part of this Ordinance. The second violation shall result in a fine of $50.00. The third violation shall result in a fine of $100.00, and all subsequent violations shall result in a fine of $300.00 for each violation. 9.38.025 Termination of Ordinance. A. This Ordinance shall terminate on January 1, 1992, unless renewed or termination earlier by ordinance. Section 2. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court or competent jurisdiction shall hold any sentence, paragraph or section of -this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. This Ordinance is adopted as an urgency measure. The facts of the urgency are these: The State of California is currently suffering from the effects of a five-year drought, and the deliveries of State Project water to local water agencies are being reduced. This Ordinance restricts or prohibits certain types of water usage. The immediate enactment of this Ordinance is therefore necessary to ensure the adequacy of the water supply for the City of Santa Clarita• and is thereby directly related to public health, safety and welfare. Therefore, this Ordinance shall be effective immediately upon adoption. Section 4. The City Clerk shall certify to the passage of this Ordinance and shall cause it to be published in the manner prescribed by law. 9.38.030 Ordinance 91-12 Amended A. Ordinance 91-12 is hereby amended, deleting Section 9.38.015.b.8 in its entirety. Ordinance No. 91-16 Water Conservation Page 5 PASSED, APPROVED ANDADOPTEDthis day of. , 1991. CARL BOYER, MAYOR ATTEST: DONNA GRINDEY, CITY CLERK - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, , City Clerk of the City of Santa Clarita, do hereby certify.that the foregoing Ordinance No. was duly adopted as an urgency ordinance at a regular meeting of the City Council on the th day of. , 1991, by the following four-fifths vote, to wit: AYES: NOES: COUNCILMEMBERS ABSENT: CITY CLERK AGN:gmm-394 ORDINANCE NO. 91-16 AN ORDINANCE OF THE CITY OF SANTA CLARITA ADDING CHAPTER 9.38 TO TITLE 9 OF THE SANTA CLARITA MUNICIPAL CODE WHEREAS, the State of California is experiencing a prolonged drought; and WHEREAS, the delivery of State Project Water to the Castaic Lake Water Agency has been reduced by 90% of the requested delivery levels. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Santa Clarita Municipal Code is amended adding Chapter 9.38 to Title 9 relating to water conservation to read as follows: Sections: CHAPTER 9.38 WATER CONSERVATION 9.38.010 Drought Committee 9.38.015 Water Conservation Regulations 9.38.020 Penalties 9.38.025 Termination of Ordinance 9.38.010 Drought Committee A. A drought committee shall be established, whose function shall be: 1. to review all available data onwater consumption, water supply and ground water conditions; 2. to evaluate the level of compliance with the terms of this Ordinance; 3. to evaluate the level of achievement of the stated water consumption reductions; 4. to make recommendations to the CitylCouncil concerning the timing of and need for implementation of future additional water restrictions as may be developed; and 5. to make recommendations to the water purveyors in the City of Santa Clarita concerning additional) measures to encourage water conservation, including but not limited to; conservation goals for individual water accounts, surcharges for excessive water use and the installation of flow restriction devices in water services. Ordinance No. 91-16 Water Conservation Page 2 B. The members of the Drought Committee shall include representatives from the staff of the City of Santa Clarita, the Upper Santa Clara Water Committee, other appointees as the City Council deems appropriate, and the staff of the Castaic Lake Water Agency. 9.38.015 Water Conservation Regulations A. Water conservation shall be achieved through the restriction and/or prohibition of various types of water use. The restrictions and prohibitions shall be implemented immediately. B. The following conditions and restrictions shall apply to the use of water within the City of Santa Clarita: 1. Hose Water Prohibition. a. No person shall hose -water or wash down any sidewalks, walkways, driveways, parking areas, or other paved surface. 2. Watering of Lawns and Landscaping. a. No person shall water or cause to be watered any lawn or landscaping between the hours of 8:00 a.m, and 6:00 p.m. except as provided in Section 9.38.015.B.2.e. b. Lawns and landscaping shall be watered no more frequently than every other day. C. No person shall water or cause to be watered any lawn or landscaping to such an extent that runoff into adjoining streets, parking lots or alleys occurs due to incorrectly directed or maintained sprinklers or to excessive watering. d. It shall be the duty of all persons to inspect all hoses, faucets and sprinkling systems for leaks and to cause all leaks to be repaired as soon as is reasonably practicable. e. Commercial gardeners and landscapers, municipal water uses, commercial nurseries, golf courses and other water -dependent industries shall not water or cause to be watered any lawn of landscaping between the hours of 10:00 a.m.-and 3:00 p.m., and no more frequently than every other day, unless reclaimed water is used. f. The maintenance and testing of irrigation systems may be performed without the restrictions specified in Section 9.38.015.B.2.a and 9.38.015.B.2.e. Ordinance No. 91-16 Water Conservation Page 3 3. Indoor Plumbing. a. Accessible indoor plumbing and fixtures must be inspected for leaks and repaired.as soon as reasonably practicable. b. New and replacement toilets, showers and faucets shall be of a low -flow type. New or replacement faucets shall be equipped with aerators. 4. Washing Vehicles. a. Vehicles must be washed by hand-held bucket or with a hose equipped with automatic shutoff nozzle. Hoses may not be left running. b. These restrictions shall not be applied to commercial vehicle washing facilities and operations. 5. Public Bating Places. a. Water may be served only upon request by the customer. 6. Decorative Fountains. a. Water may not be used to clean, fill or maintain levels in decorative fountains unless the fountain has a water recycling system. 7. Landscaping and Irrigation Plans. a. All new landscaping and irrigation improvements shall be approved by the City of Santa Clarita Director of Parks and Recreation prior to construction. b. No person or entity shall be required to implement any landscaping requirements of any association, developer or governing agency until the termination of this ordinance. Ordinance No. 91-16 Water Conservation Page 4 8. Grading Permits. a. No new grading permit applications will be accepted by the City unless it can be demonstrated that the grading will be achieved with the use of reclaimed water, or with water from a source independent of any of the retail water purveyors providing service in the City of Santa Clarita. C. Conservation Goal 1. The goal of this Water Conservation Ordinance is to achieve at least 25% reduction of overall water consumption within the City of Santa Clarita. 9.38.020 Penalties. A. Willful violations of the terms of this Ordinance shall be subject to written warnings and/or citations. A written warning shall be issued upon the first violation of any part of this Ordinance. The second violation shall result in a fine of $50.00. The third violation shall result.in a fine of $100.00, and all subsequent violations shall result In a fine of $300.00 for each violation. 9.38.025 Termination of Ordinance. A. This Ordinance shall terminate on January 1, 1992, unless renewed or termination earlier by ordinance. Section 2. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court or competent jurisdiction shall hold any sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3, This Ordinance is adopted as an urgency measure. The facts of the urgency are these: The State of California is currently suffering from the effects of a five-year drought, and the deliveries of State Project water to local water agencies are being reduced. This Ordinance restricts or prohibits certain types of water usage. The immediate enactment of this Ordinance is therefore necessary to ensure the .adequacy of the water supply for the City of Santa Clarita and is thereby directly related to public health, safety and welfare. Therefore, this Ordinance shall be effective immediately upon adoption. Section 4. The City Clerk shall certify to the passage of this Ordinance and shall cause it to be published in the manner prescribed by law. Ordinance No. 91-16 Water Conservation Page 5 PASSED, APPROVED AND ADOPTED this day of ,.1991. CARL BOYER, MAYOR ATTEST: DONNA GRINDEY, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA )' I, Donna Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 91=16 was duly adopted at a regular meeting of the City Council on the day of , .1991 by the following vote, to wit: AYES: NOES: ABSENT: DONNA GRINDEY, CITY CLERK AGN:gmm-394