Loading...
HomeMy WebLinkAboutItem 1d - Ordinance No. 2327 Water Use Prohibitedy Co��nnity of���y STAFF REPORT Public Works Services Department DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Vanessa Hevener, Environmental Services Officer SUBJECT: ORDINANCE NO. 2327 AMENDING SECTION 7553.7.1 OF THE ARCADIA MUNICIPAL CODE CONCERNING OUTDOOR IRRIGATION AND PROHIBITED WATER USES Recommended Action: Find that Ordinance No. 2327 is exempt from the requirements of the California Environmental Quality Act (CEQA) and adopt Ordinance SUMMARY At its meeting of April 7, 2015, the City Council introduced Ordinance No. 2327 amending Section 2327 of the Arcadia Municipal Code concerning Outdoor Irrigation and Prohibited Water Uses. During the deliberations, the City attorney suggested amended language on page three, at the end of subsection (i) to respond to concerns raised by the local golf course operators on how the baseline for water conservation efforts would be measured. The City Council concurred with the proposed language and introduced the amended ordinance. A copy of Ordinance No. 2327, including the amended language and the April 7, 2015, staff report are attached for your reference. RECOMMENDATION It is recommended that the City Council find that Ordinance No. 2327 is exempt from the requirements of the California Environmental Quality Act (CEQA); and adopt Ordinance No. 2327 amending Section 7553.7.1 of the Arcadia Municipal Code concerning Outdoor Irrigation and Prohibited Water Uses. Approved: Dominic Lazzare�t City Manager Attachments: Ordinance No. 2327 April 7, 2015 City Council Staff Report ORDINANCE NO. 2327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7553.7.1 OF CHAPTER 5, ARTICLE VII OF THE ARCADIA MUNICIPAL CODE CONCERNING OUTDOOR IRRIGATION AND PROHIBITED WATER USES WHEREAS, on January 17, 2014, Governor Edmund G. Brown Jr. declared a drought State of Emergency to exist in California due to severe drought conditions; and WHEREAS, on July 15, 2014, California's State Water Resources Control Board (the "State Board ") adopted emergency drought regulations to support water conservation that was set to expire on April 25, 2015; and and WHEREAS, the State Board has found that drought conditions are continuing; WHEREAS, the State Board adopted a resolution on March 17, 2015, to renew the 2014 emergency drought regulations, to require urban water suppliers to implement certain additional water conservation measures, and to prohibit certain water uses by end- users; and WHEREAS, the newly adopted State Board regulations require that the City of Arcadia (the "City ") restrict the number of days per week potable water can be used for outdoor irrigation or to obtain the State Board's approval to implement an alternate water shortage contingency plan that includes allocation -based rate structures that will achieve a level of conservation superior to limiting outdoor irrigation to two days per week; and WHEREAS, the Arcadia Municipal Code does not currently restrict the number of days per week water can be used for outdoor irrigation; and 1 WHEREAS, the Arcadia Municipal Code does not prohibit certain water uses by end -users that are prohibited under the new State Board drought regulations; and WHEREAS, because of the drought conditions prevailing in the City and in the areas of this State and elsewhere from which the City obtains its water supplies, the City Council recognizes the need to implement additional water conservation measures to prevent waste, and to prevent unreasonable use or unreasonable method of use of water, in the interest of the people of the City and for purposes of the public welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: [Deleted text is highlighted in t4keth -o u. rh and added text is highlighted in underline SECTION 1. Section 7553.7.1 of Division 3, Part 5, Chapter 5 of Article Vli of the Arcadia Municipal Code is hereby amended to read as follows: "(a) There shall be no hose washing of sidewalks, walkways, driveways, or parking areas. (b) There shall be no hose washing of a motor vehicle except where the hose is fitted with a shut -off nozzle or similar device that causes the hose to cease dispensing water immediately when not in use. (bc) No water shall be used to clean, fill or maintain levels in decorative fountains unless such water is part of a recirculating system. (Gd) No restaurant, hotel, cafe, cafeteria, bar or other public place where food or beverage is served or offered for sale, shall serve drinking water to any customer unless expressly requested by the customer. 2 (e) No hotel or motel shall launder towels and linens of an occupied questroom on a daily basis, unless expressly requested by the guest The hotel or motel shall prominently display a notice in each�guuestroom of the quest's option not to have towels and linens laundered daily. (4fl No customer of the Water Division shall permit water to leak from any facility on his premises. (eg) No lawn, landscape, or other turf areas shall be watered or irrigated between the hours of 9:00 a.m. and 6:00 p.m. Pacific time. (h) No lawn, landscape, or other turf areas shall be watered or irrigated during and within 48 hours after measurable rainfall i No lawn landscape, or other turf areas shall be watered or irrigated more than 3 days per week, or such other number of days as the City Council may prescribe by resolution from time to time The three days per week shall be Tuesday, Thursday, and Saturday or such other days as the City Council may rescribe by resolution from time to time. Notwithstanding the foregoing upon written application to and approval by the City's Public Works Services Director, an owner of property used primarily for commercial, industrial or institutional purposes may irrigate lawn, landscape or other turf areas of such property such number of days per week as approved by the Public Works Services Director if such owner provides evidence, to the satisfaction of the Public Works Services Director, that the owner has reduced overall bi- monthly water use for such property by-at least twenty-five percent 25% from the same bi- months period in 2013, or by such other measurement of reduction adopted by resolution of the City Council from time to time. (fj) No lawn, landscape or other turf areas shall be watered in a wasteful manner. For example, in a manner that causes runoff such that water flows onto adjacent property, non - irrigated areas, private and public walkways, roadways, parking lots or stuctures." M Additional restrictions and conservation measures may be adopted from time to time by resolution of the City Council and shall become effective upon their adoption. Any and all such restrictions and measures shall be subject to all enforcement provisions, including without limitation fines and penalties, as are otherwise applicable to the provisions set forth in this Section 7533.7.1. 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 unconstitutional, such determination shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 3. This Ordinance shall take effect immediately upon adoption in accordance with Section 376 of the California Water Code. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a newspaper printed, published, and circulated in the City within ten (10) days after its adoption. [SIGNATURES ON NEXT PAGE] 4 Passed, approved and adopted this day of , 2015. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 Mayor of the City of Arcadia c y1�9 AuH-,i,l STAFF REPORT Public Works Services Department DATE: April 7, 2015 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Vanessa Hevener, Environmental Services Officer SUBJECT: ORDINANCE NO. 2327 AMENDING SECTION 7553.7.1 OF CHAPTER 5, OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE CONCERNING OUTDOOR IRRIGATION AND PROHIBITED WATER USES Recommendation: Introduce SUMMARY California is entering a fourth consecutive year of severe drought conditions. As such, on March 17, 2015, the State Water Resources Control Board approved an extension of the existing Emergency Drought Regulations and added additional water use restrictions to increase water conservation. Water conservation is the easiest, most efficient, and most cost effective way to quickly reduce water demand and extend water supplies. In particular, the Emergency Drought Regulations require urban water suppliers, such as the City of Arcadia, to incorporate certain additional provisions into its Water Conservation Plans to ensure that conservation efforts continue while preserving the City's water supply. This proposed Ordinance would meet the new Regulations by limiting watering to 3 days per week on all properties. In addition, certain other restrictions would be placed on hotels, restaurants, and residents to ensure proper stewardship of this essential natural resource. BACKGROUND In January 2014, Governor Brown issued a drought emergency proclamation. In response, the City Council adopted Resolution No. 7009 in February 2014 to implement a voluntary Water Conservation Program to reduce water use by 20 %, consistent with Governor Brown's drought declaration. After several months of voluntary conservation Statewide, the target reduction percentage was far from being met. Therefore, in July 2014, the State Water Resources Control Board adopted emergency water conservation regulations consisting of the following elements: water restrictions on outdoor water use for all Californians; a requirement that water suppliers implement their Water Shortage Contingency Plans; Introduce Ordinance No. 2327 — Mandatory Water Conservation Plan April 7, 2015 Page 2 of 4 and the requirement that water suppliers provide monthly data on water production. These emergency regulations were set to expire on April 25, 2015. In order to comply with the regulations, the Arcadia City Council adopted Resolution No. 7044 on August 5, 2015, implementing Phase I of the City's Water Conservation Plan. Since August, drought conditions across the State have continued, with record low snowpack, the driest month of January on record, and many of the State's reservoirs being less than 60 percent full. Water conservation efforts by Arcadia water customers since the implementation of Phase I of the Mandatory Water Conservation Plan have resulted in about 350,616,600 gallons saved. This is enough water to meet the annual needs of about 4,525 people. However, despite the reduction in water use, the persistent drought has severely impacted state and local water supplies. Water conserved today will be water available next year, should drought conditions continue into 2016. DISCUSSION Despite Statewide water conservation efforts, continued drought conditions have prompted the State Water Resources Control Board to take additional actions to reduce water demand and extend water supplies by amending and readopting the Emergency Drought Regulations. The updated Emergency Drought Regulations consist of four requirements: 1) a prohibition on certain irrigation practices; 2) restrictions of certain commercial activities; 3) all water suppliers must implement mandatory restrictions on outdoor irrigation; and 4) water suppliers with 3,000 or more connections must provide monthly data on water production, compliance actions, and outdoor water conservation methods being implemented. Ordinance No. 2327 includes these new requirements to the City's existing Phase water use restrictions of the Mandatory Water Conservation Plan. These include: • There shall be no hose washing of motor vehicles, except where the hose is fitted with a shut -off nozzle or similar device that causes the hose to cease dispensing water immediately when not in use; • No hotels or motels shall launder towels and linens of an occupied guestroom on a daily basis, unless expressly requested by the guest. The hotel or motel shall prominently display a notice in each guestroom, using clear and easily understood language, of the guest's option not to have towels and linens laundered daily; • No lawn, landscape, or other turf areas shall be watered or irrigated during and within 48 hours after measurable rain; • No lawn, landscape, or other turf areas shall be watered or irrigated more than three days per week. Introduce Ordinance No. 2327 — Mandatory Water Conservation Plan April 7, 2015 Page 3 of 4 All new regulations would go into effect immediately upon adoption of the Ordinance. The three days per week irrigation schedule would be implemented based on all Arcadia water customers being allowed to water outdoor lawn, landscape, and turf areas only before 9:00 a.m. or after 6:00 p.m. on Tuesday, Thursday, and Saturday. In order to notify residents of the new prohibited water uses, the City will continue to employ a variety of public outreach efforts to educate water customers on the mandatory water conservation prohibitions and current water conservation practices. These efforts include utilizing the City's media resources such as the City website, Twitter, Nixle, newsletter, NextDoor, Hot Sheet, water bills, street banners, direct mailers, and advertisement in local newspapers. Public Works Services staff will continue to monitor the current Phase I prohibited water uses and include these new restrictions to the enforcement program. Staff will continue to work with Code Enforcement personnel regarding the issuance of administrative citations and fines to water customers who fail to correct violation(s) after multiple notices, if necessary. If the City decides to not amend the current Phase I Mandatory Water Conservation Plan, we will be required to adopt the state's Emergency Drought Regulations, which limit outdoor irrigation to no more than two days per week. A survey of outdoor irrigation water restrictions has been conducted for neighboring cities and found that a majority of cities currently have limited day restrictions in place for outdoor watering. City Outdoor Watering is limited to: Arcadia Current: No limit on days Proposed: 3 days per week Alhambra Once every 3 days Azusa 2 days per week Burbank 1 day per week (Winter); 3 days per week (Summer) El Monte No limit on days Glendale 3 days per week Glendora No limit on days Monrovia Once every 3 days Monterey Park No limit on days Pasadena 1 day per week (Winter); 3 days per week (Summer) Sierra Madre 2 days per week South Pasadena 3 days per week Introduce Ordinance No. 2327 — Mandatory Water Conservation Plan April 7, 2015 Page 4 of 4 ENVIRONMENTAL IMPACT The introduction and eventual adoption of Ordinance No. 2327 amending Phase I of the City's Water Conservation Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15268 and California Public Resources Code Section 21080(b)(1) as it is deemed a ministerial action. The State's emergency regulation mandates that each urban water supplier implement all requirements and actions of the stage of its water shortage contingency plan that imposes mandatory restrictions on outdoor irrigation. Therefore, the City's action to amend and implement Phase I of the City's Water Conservation Plan is not a discretionary action and as such it is statutorily exempt from CEQA. FISCAL IMPACT Conservation efforts will result in pumping less groundwater, which will result in the reduced necessity to purchase expensive Replacement Water from the Upper San Gabriel Valley Municipal Water District. A significant savings would be expected in operating costs as a result of less pumping of water, and a similar loss in revenues would be anticipated due to the reduction in demand. Given that current water rates do not fully cover the costs of Replacement Water, the net change would be an overall positive impact to City finances. A 20% reduction in water produced would equal 3,300 acre -feet. Replacement water is currently $773 per acre -foot, therefore, a savings of up to $2,550,900 would be realized by the City and, ultimately, its customers. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2327 amending Chapter 5 of Article VII of the Arcadia Municipal Code concerning Outdoor Irrigation and Prohibited Water Uses. Approved. Dominic Lazzar� City Manager Attachment: Ordinance No. 2327