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HomeMy WebLinkAbout1930 ORDINANCE NO. 1930 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA REPEALING DIVISION 3 TO PART 5, ARTICLE VII, AND ADDING A NEW DIVISION 3 TO PART 5, CHAPTER 5, ARTICLE VII OF THE ARCADIA MUNICIPAL CODE, ESTABLISHING A MANDATORY WATER CONSERVATION PLAN FOR THE CITY AND IMPOSING PENALTIES (4 VOTES REQUIRED) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION I, That Division 3 to Part 5, Chapter 5, Article VII of the Arcadia Municipal Code (Sections 7553-7553.16) as it currently reads is hereby repealed. SECTION'2. That a new Division 3 to Part 5, Chapter 5, Article VII of the Arcadia Municipal Code is hereby adopted to read as follows: 7553. SCOPE. There is hereby established a City of Arcadia Water Conservation Plan. 7553,1 DECLARATION OF POLICY. It is hereby declared that, because of the conditions prevailing in the City of Arcadia and in the areas of this State and elsewhere from which the City obtains its water supplies, the general welfare requires that the water resources available to the City be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and the conservat i on of such waters is to be exerci sed wi th a vi ew to the reasonable and beneficial use thereof in the interests of the people of the City and for the public welfare. 7553.2 DECLARATION OF URGENCY. Pursuant to Arcadia City Charter Sections 415 and 419, the Council of the City of Arcadia hereby finds and declares that there exists within this City a water shortage emergency condition and that, as a result, there is an urgent necessity to take legislative action through the exercise of the police power to protect the public peace, health and safety of this City from a public disaster or calamity. 7553.3 DECLARATION OF PURPOSE. The purpose of th is Urgency Ordinance is to provide a mandatory water conservation plan to minimize the effect of a shortage of water to the customers of the City and, by means of this Urgency Ordi nance, to adopt provi s ions that wi 11 s i gnifi cant ly reduce the -1- 1930 consumption of water over an extended period of time, thereby extending the available water required for the customers of the City while reducing the hardship of the City and the general public to the greatest extent possible. 7553.4 DEFINITIONS. The following words and phrases, whenever used in this Urgency Ordinance, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this Urgency Ordinance. 7553.4.1 "Customer" means any person, persons, association, corporation or governmental agency suppl ied or entitled to be suppl ied with water service by the Water Division. 7553.4,2 "Base Period" means that period of time over which the base is computed. 7553.4.3 "Base" means the amount of water used on a customer's premi ses during the corresponding bi 11 ing period as determined by the Water Division. Any customer who was not a customer on the premises for which service was billed by the Water Division during the base period shall be assigned the same base for such or similar premises as provided above, and the Water Division sha 11 have the further di scret i on to adjust such base in the event such customer's use of the premises is substantially different from the previous use thereof during the base period. 7553.4.4 "Billing Unit" means the unit amount of water used to apply water rates for purposes of calculating commodity charges for customer water usage and equals one hundred (100) cubic feet or seven hundred forty-eight (748) gallons of water. 7553.5 AUTHORIZATION. The various officers, boards, departments, bureaus and agencies of the City are hereby authorized and directed to immediately implement the applicable provisions of this Urgency Ordinance upon the effective date hereof. 7553.6 APPLICATION. The provisions of this Urgency Ordinance shall apply to a 11 customers and property served by the Water Di vi s i on wherever situated, and shall also apply to all property and facilities owned, maintained, operated or under the jurisdiction of the various officers, boards, departments, bureaus or agencies of the City. 7553.7 WATER CONSERVATION PHASES, No customer of the Water Division -2- 1930 shall make, cause, use, or permit the use of water from the Water Division for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Urgency Ordinance or in an amount in excess of that use permitted by the conservation phase then in effect pursuant to action taken by the City Council in accordance with the provisions of this Urgency Ordinance. 7553.7.1 PHASE I. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS: (a) There shall be no hose washing of sidewalks, walkways, driveways, or parking areas. (b) No water shall be used to clean, fill or maintain levels in decorative fountains unless such water is part of a recycling system. (c) 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 by the customer. (d) No customer of the Water Division shall permit water to leak from any facility on his premises, (e) No lawn, landscape, or other turf areas shall be watered or irrigated between the hours of 10:00 a.m. and 4:00 p.m. (f) No lawn, landscape or other turf areas shall be watered in a wasteful manner. 7553.7.2 PHASE II, PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553,7.2.1 PHASE II, CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause use or permit the use of water from the Water Division for any purpose in an amount in excess of ninety percent (90%) of the amount used during the base period as defined in this Urgency Ordinance. 7553.7.3 PHASE III. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.3.1 PHASE III, CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of eighty-five percent (85%) of the amount used during the base period as defined in this Urgency Ordinance. 7553.7.4 PHASE IV, PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.4.1 PHASE IV. CUSTOMER PERCENTAGE CURTAILMENT. No customer -3- 1930 shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of eighty percent (80%) of the amount used during the base period as defined in this Urgency Ordinance. 7553.7,5 PHASE V. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.5.1 PHASE V. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of seventy-five percent (75%) of the amount used during the base period as defined in this Urgency Ordinance. 7553.7.6 EXCEPTION. The prohibited uses of water from the Water Division provided for by subsection 7553.7,} of this Urgency Ordinance are not applicable to that ~se of water necessary for public health and safety or for essent i al government a 1 servi ces such as pol ice, fi re, and other s imil ar emergency services. 7553.8 CONSERVATION PHASE IMPLEMENTATION. PHASE CHANGE INITIATION. The Water Division shall monitor and evaluate the projected supply and demand for water by its customers, and shall recommend to the City Council the extent of the conservation required by the customers of the Water Division in order for the Water Division to prudently plan for and supply water to its customers. Thereafter, the City Council by Resolution, may order that the appropriate phase of water conservation be implemented, modified or rescinded in accordance with the applicable provisions of this Urgency Ordinance, Said Resolution shall become effective immediately upon adoption by the City Council and shall be published one time only in a daily newspaper of general circulation, The customer percentage curtailment provisions shall take effect with the first full billing period commencing on or after the effective date of the adoption by the City Council, 7553.8.1 CONSERVATION PHASE IMPLEMENTATION. EXCEPTIONS. Nothing contained in this Urgency Ordinance shall be deemed to require any customer of the Water Division to reduce his consumption of water provided by the Water Division to an amount less than twenty (20) billing units bimonthly at each meter during any billing period. 7553.9 FAILURE TO COMPLY. PENALTIES. It shall be unlawful and a misdemeanor for any customer to fail to comply with any provisions of this Urgency Ordinance, Civil penalties for failure to comply with any of the -4- 1930 provisions of this Urgency Ordinance shall be as follows: 7553.9.1 FAILURE TO COMPLY. FIRST VIOLATION. For the fi rst violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7,3, 7553.7.4 and 7553.7.5, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to two times the current water rate for those billing units used in excess of base, 7553.9.1.1 FAILURE TO COMPLY. SECOND VIOLATION. For the second violation by any customer of the Water Division of any of the provisions of subsections 7553.7,2, 7553.7.3, 7553,7,4 and 7553.7,5, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to three times the current water rate for those billing units used in excess of base. 7553.9.1.2 FAILURE TO COMPLY. THIRD VIOLATION. For the third violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4 and 7553.7.5, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to four times the current water rate for those billing units used in excess of base. 7553.9.1.3 FAILURE TO COMPLY. PENALTIES. PERIOD COVERED. Penalties will be assessed for a billing period in which a violation occurs. The first, second, and third violations will be determined by the number of times in the preceding twelve (12) months in which violations have occurred. 7553.10 FAILURE TO COMPLY. RESERVATION OF RIGHTS. The rights of the Water Division hereunder shall be cumulative to any other right of the Water Division to discontinue service. All monies collected by the Water Division pursuant to any of the penalty provisions of this Urgency Ordinance shall be deposited in the Water Revenue Fund. 7553.10.1 FAILURE TO COMPLY. PENALTIES, USE OF FUNDS. Revenue collected as a result of penalties imposed by this Urgency Ordinance shall be used for, but not limited to, the administration of this Urgency Ordinance, the purchase of imported water, increasing water supplies, maintenance of the City of Arcadia's water system, and water conservation efforts including public education. 7553.11 RELIEF FROM COMPLIANCE. ADMINISTRATIVE RELIEF. A Water Appeals Board is hereby established to hear appeals as set forth in this Urgency Ordinance. Any customer against whom a penalty is levied pursuant to Section 7553.9 et seq. or who is dissatisfied with their base allotments shall have the -5- 1930 right to an office conference before representatives of the Water Division, and if still aggrieved following that proceeding may appeal to the Water Appeals Board. The Water Appeals Board shall be comprised of three representatives from City Departments as designated by the City Manager. The following procedural requirements shall apply with regard to the office conference and appeal: (a) Request for an office conference must be filed in writing with the Water Division within ten (10) working days after receipt of the water bill. The customer must state the grounds for his request in writing, (b) The office conference shall occur within ten (10) working days of receipt of the request. (c) The Water Division shall render a decision within ten (10) working days of the office conference. (d) An appeal may be filed within ten (10) working days after a final decision by the Water Division to the Water Appeals Board. The appeal should state the grounds upon which it is based, and what remedy, if any, the Appellant seeks. The Water Division shall have the power, upon the filing by a customer of an application for relief as herein provided, to take such steps as it deems reasonable and to set up such procedures as it considers necessary to resolve said appl ication for rel ief. In determining whether rel ief shall be granted, all relevant factors including, but not limited to, the following shall be considered: 1. Whether any additional reduction in water consumption will result in unemployment; 2. Whether additional members have been added to the household; 3. Whether any additional landscaped property has been added to the base period property; 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 water; 7. Necessary water uses during new construction; 8, Adjustments to water use caused by emergency health or safety hazards; -6- 1930 9. First filling of a permit-constructed swimming pool; 10, Water use necessary for reasons related to family illness or hea lth. No relief shall be granted to any customer for any reason in the absence of a showing by the customer that he has achieved the maximum practical reduction in water consumption, as the case may be, other than in the specific area in which relief is being sought. No relief shall be granted to any customer who, when requested by the Water Division, fails to provide the Water Division with information whereby the services provided to him can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this Chapter. If an action on the application for relief is mutually agreed upon between the Water Division and the customer, the agreement shall be in writing and signed by the customer, and no appeal on said application may be made by the customer. 7553.11.1 RELI EF FROM COMPLIANCE. WI LLFUL MISREPRESENTATION, Notwithstanding any other provision of law, any willful misrepresentation of a material fact by any person to the Water Division or to the Water Appeals Board, made for the purpose of securing rel ief from the provisions of this Urgency Ordinance for any customer, is unlawful; and a violation of this subsection shall be punishable by a fine not exceeding the sum of five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. 7553.12 GENERAL PROVISIONS. ENFORCEMENT. The Water Division shall enforce the provisions of this Urgency Ordinance, 7553,12.1 GENERAL PROVISIONS, WATER DIVISION TO GIVE EFFECT TO LEGISLATIVE INTENT. The Water Division shall provide water to its customers in accordance with the provisions of this Urgency Ordinance, and in a manner reasonably calculated to effectuate the intent hereof. 7553.12.2 GENERAL PROVISIONS. REDUCTION IN WATER SUPPLIED. If any customer fails to comply with any provision of this Urgency Ordinance, the Water Division may reduce the amount of water provided to that customer to the level which that customer would be using said water if he were complying with the provisions of this Urgency Ordinance. The provisions of this subsection shall be applied in lieu of, or in addition to, any other penalties provided in this Chapter, in the discretion of the Water Division, and shall be applied without -7- 1930 regard to the status or nature of the customer. 7553.12.3 GENERAL PROVISIONS. PUBLIC HEALTH AND SAFETY NOT TO BE AFFECTED. Nothing contained in this Urgency Ordinance shall be construed to require the Water Division to curtail the supply of water to any customer when, in the discretion of the Water Division or the Water Appeals Board, such water is required by that customer to maintain an adequate level of public health and safety. 7553.12,4 GENERAL PROVISIONS. REPORTS, At the written request of the Water Manager, all customers of the Water Division using 25,000 bill ing units per year or more shall submit a water conservation plan to the Water Division on a form and with a content approved by the Water Manager. These users shall thereafter submit q~arterly reports to the Water Division on the progress of their conservation plans. 7553.13, ENVIRONMENT. Thi s Urgency Ordinance and the acti ons hereafter taken pursuant thereto are exempt from the provisions of the Cal ifornia Environmental Quality Act of 1970 as a project undertaken as specific action necessary to prevent or mitigate an emergency pursuant to Section 15269 (c) of the California Environmental Quality Act Guidelines and Public Resources Code Section 21080 (4). SECTION 3, In addition to the penalties provided in this Urgency Ordinance, any condition caused or permitted to exist in violation of any of the provisions of this Urgency Ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Urgency Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance, The City Council of the City of Arcadia hereby declares that it would have adopted thi s Urgency Ordi nance and each section, subsect i on, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sect ions, subsections, sentences, cl auses, phrases or port ions be decl ared invalid or unconstitutional. SECTION 5. Neither the adoption of this Urgency Ordinance nor the repeal hereby of any Urgency Ordinance shall in any manner affect the prosecution -8- 1930 for violation of ordinances, which violations were cormnitted prior to the effective date hereof, nor be construed as affecting any of the provisions of such Urgency Ordinance relating to the collection of any such license or penalty or the penal prOVisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any Ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. That this Urgency Ordinance shall take effect immediately upon its adoption. SECTION 7. The Clerk of the Council shall certify to the passage and adoption of this Urgency Ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its , adoption. Passed, approved and 1991. cadia Ci rcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ARCADIA ) I, JUNE O. ALFORD, City Clerk of the City of Arcadia, California, hereby certify that the foregoing Urgency Ordinance No. 1930 was passed and adopted by the City Counc il of the City of Arcad i a, signed by the Mayor and attested to by the City Clerk at a regul ar meeting of said Council on the 5th day of FebruarYl991, and that sa i d Urgency Ordi nance was adopted by the foll owi ng vote, to wit: AYES: Councilmember Ciraulo, Fasching, Gilb, Harbicht and Young NOES: None ABSENT: None ~,~~/Al) ~~ C' -1 erk of the Ci of ArOadi a -9- 1930