Loading...
ORDINANCE 1160ORDINANCE NO. 1160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DECLARING A WATER SHORTAGE EMERGENCY ADOPTING MANDATORY WATER CONSERVATION REGULATIONS AND RESTRICTIONS AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO does ordain as follows: spet-ion 1. Purpose and Scope The City of E1 Segundo (hereinafter called City) receives all of its potable water supplies from the West Basin Municipal Water District, (hereinafter called WBMWD) which District receives all of its potable water supplies from The Metropolitan Water District of Southern California (hereinafter called MWD). The WBMWD and MWD have declared water shortage emergencies as a result of a continuing severe drought and have both adopted mandatory water conservation regulations and restrictions. These regulations and restrictions will significantly affect and limit the City's efforts and responsibilities of providing potable water to the City's citizens and businesses. The WBMWD requires that each organization buying water adopt a conservation program consistent with WBMWD's program. To assist the City in meeting its obligations in a reasonable manner and to be responsive to the drought situation the City needs to adopt a similar program. section -. Findings The Council does hereby find, determine and declare as follows: a. The City obtains from the WBMWD all of the potable water needed to serve its water using customers. The WBMWD delivered 20,651.7 acre feet of potable water to the City in the base year of June 1, 1989 to May 31, 1990, inclusive (hereinafter called base year). b. WBMWD on January 28, 1991, adopted a mandatory water conservation program, the intent of which is to cause the overall reduction in water usage of a minimum of 10 %, commencing February 1, 1991 due to a water shortage caused by the drought which is 1 of 10 affecting most of the State of California. Subsequently the MWD adopted on February 12, 1991, a program of 20% reduction in water usage to be effective March 1, 1991. The WBMWD on February 25, 1991 adopted a similar program to become effective March 1, 1991. As a result, the allocation of water to the City for distribution to City water system customers will be reduced by the WBMWD by approximately 20 %, or 4,130 acre feet. C. The ordinary demands and requirements of water using consumers cannot be satisfied without depleting the available water supply to the extent that there would be insufficient water supplies for human consumption, sanitation and fire protection due to the reduction in the supply allocation imposed by the WBMWD due to the drought. The City, to protect the health, welfare and safety of the community, must immediately impose regulations and require all water customers within the City's boundaries to implement a drought water conservation program thereby reducing the amount of water needed by those customers. Should all of the water customers of the City implement their individual water conservation programs, the amount of water allocated can be equitably used to meet the primary health and safety needs of the City. d. The City supplies approximately 21,000 acre feet of potable water in an average year to approximately 4,580 customer meters serving many residential units, commercial and industrial businesses. e. The regulations and restrictions set forth herein will not produce any significantly adverse environmental impacts as disclosed by environmental documents prepared and distributed as required by law. A negative declaration covering the adoption of the regulations and restrictions described below is hereby adopted and approved. f. There is a need to put this Ordinance into effect at the earliest possible date as an Urgency Ordinance. That effective date is hereby established to be February 19, 1991. 2 of 10 section _3. Water Allotment The purpose of this Ordinance is to reduce the amount of potable water consumed by City customers by a minimum of 20% below the base year usage. Section 4. Use Restriction Guidelines a. All water customers are required to adopt and put into use at the earliest possible date drought water conservation programs. Those customers whose consumption places them in the 100 largest quantity consumers of water on a 12 -month basis in the City shall file no later than March 15, 1991 their written conservation plans with the City. b. All programs should be consistent with the following restrictions concerning the use of water: (1) With respect to practices: (a) Lawn watering and landscape irrigation with potable water is permitted only between the hours of 4 p.m. and 10 a.m. Golf courses, parks, school grounds and recreational fields are to be irrigated within the designated times. For the purpose of maintenance and testing the irrigation system only, minimum water use will be allowed during the daytime. Agricultural users, commercial nurseries, landscape contractors and irrigation of livestock and irrigation of propagation beds may continue to irrigate with potable water as management practices dictate, but are required to curtail all non - essential water uses. (b) Watering is permitted at any time if a hand- held hose equipped with a positive shut -off nozzle is used, a hand -held faucet - filled bucket of five gallons or less is used, or a drip irrigation system is used. (2) With respect to exterior washing practices: (a) Washing of buildings, facilities, equipment, autos, trucks, trailers, boats, airplanes and other types of mobile equipment is restricted except where a hand -held hose equipped with a positive shut -off nozzle for quick rinses is used. Whenever possible, such as when washing vehicles, a bucket wash is required. 3 of 10 (b) Washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle or other facility or equipment cleaning, such as garbage trucks and vehicles used to transport food and perishables. (c) Water shall not be used to wash down sidewalks, driveways, parking areas, residential tennis courts, patios or other paved areas except to alleviate immediate fire, sanitation or health hazards. (d) Water shall not be allowed to run off landscape areas into adjoining streets, sidewalks, or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering. (3) With respect to ornamental or recreational uses: (a) Filling and refilling residential swimming pools and spas is discouraged, but if necessary is only allowed between the hours of 6 p.m. and 6 a.m. (b) Filling and refilling of ponds, fountains, and artificial lakes is discouraged and the recycling of water in ponds, fountains, and artificial lakes shall be required. (4) With respect to other uses: (a) Water from fire hydrants shall only be used for fire fighting and public health, safety, and welfare activities including public street sweeping. (b) Flushing of water mains is not permitted except as necessary to protect the public health. (c) Restaurants shall not serve water to their customers unless specifically requested. (5) Leaks shall be repaired as soon as possible after being discovered and shall not be allowed to continue for more than 48 hours. Section 5. Base Year Billing Systems The WBMWD bills monthly the City for water delivered in the prior month based on meter readings that are taken on or about the first day of each month. The base year allocation to the City set by the WBMWD is 4 of 10 defined as the consecutive 12 monthly water delivery amounts for the period of June 1, 1989 through May 31, 1990, inclusive. The City bills some of its customers monthly and some bi- monthly. The City's billing period for the monthly customer approximates the monthly billing period of the WBMWD. A monthly non - exempt customer will be subject to being billed by the City for applicable surcharges /incentives /penalties for consumption beginning March 1, 1991. A bi- monthly non - exempt customer will be subject to being billed by the City for applicable surcharges /incentives /penalties for the respective first regular bi- monthly period for that customer beginning after March 1, 1991 and ending following termination of the Program. Section 6. Enforcement (a) The Director of Public Works of the City of El Segundo or his designated representative shall have the duty and are hereby authorized to enforce the provisions of this Ordinance and shall have all the powers and authority contained in California Penal Code Section 836.5, including the power to issue written notice to appear. (b) Each law enforcement officer of the City shall, in connection with his duties imposed by law, diligently enforce the provisions of this ordinance. sention 7. Customers Exempt from Surcharge /Incentive /Penalty Provisions of Ordinance (a) All customers on the City Lifeline Water Rate schedules are expected to do their reasonable best to conserve water. The Lifeline customers shall be exempt from the surcharge /incentive /penalty water rate portions of the City Water Conservation program as long as it appears that they are making a reasonable effort at conserving water. (b) All customers who consumed in the two (2) years prior to March 1991 on the average the equivalence of 15 - 100's cubic feet (42.5 cubic meters) or less of water per month per single family residence or per commercial or industrial 5 of 10 business or who used the equivalence of 13 - 100's cubic feet (36.8 cubic meters) or less of water per month per residential unit in a multiple residential development shall be exempt from the surcharge /incentive /penalty water rate portions of the City Water Conservation program as long as it appears that they are making a reasonable effort at conserving water. section 8._ Relief from Ordinance Provisions A customer may file an application with the City Director of Public Works for relief from any provision of this Ordinance, including changes in the base year allocation. The applicant for relief must submit an application in a form acceptable to the City requesting such relief in whole or in part from the water use curtailment /allowance provisions herein. Relief and /or adjustment in the base year allocation may be applied for on the basis of changed circumstances since the base year period of June 1, 1989 to May 31, 1990, inclusive or the nearest 12 month billing period thereto of the City water billing system based on such reasons as change in the number of family members, of number of occupants, or changes in business practices, or business growth. Upon receipt of the application the Director is within fifteen (15) days to communicate with the applicant a decision thereon. The Director shall take into consideration all relevant factors presented by the customer. The decision of the Director of Public Works shall be final except for City Council review. Section 9. Surcharge for Water Conservation Program All customers who are not exempt from the surcharge /incentive /penalty rate provisions of this Ordinance shall be subject to a surcharge rate on their bill to pay for the program cost and to maintain the financial integrity of the City Water System Fund. The Program Surcharge shall be an amount to be established by the City Council by separate Resolution. section 10. Conservation Incentive Credit for Using Less Than 80% of Base Year Allocation. When a non - exempt customer has used a quantity of water less 6 of 10 than the 80% base year allocation or for the respective billing period there shall be applied by the City a credit amount to the customer's bill for the billing period in the amount to be established by the City Council by separate Resolution. section il. Penalty for Exceeding 80% of Base Year Allocation. (a) On the basis of each billing period's water meter readings, should it be noted that a customer has used more water than 80% of the base year allocation level (exceeded level) as allowed herein for the first time occurrence the customer is to be given a written notice by the City and the customer shall be billed on their regular bill for such excess usage at the water rates of the City plus the additional penalty rate to be established by the City Council by separate Resolution. (b) Should it appear from visual inspection that a customer is consuming an abnormally large quantity of water through inefficient utilization of such water that customer is to be given by the City a preliminary notice in writing, of such situation. Such person shall have five (5) working days to either correct such situation, or to terminate the use, or to present to the City a plan of action to mitigate the situation to the satisfaction of the Director of Public Works. (c) Should after such written notice(s) and /or addition of the penalty to the water bill the customer has not responded and /or made a reasonable effort to reduce its water usage and to conserve the available water supply, the City may forthwith install a flow- restricting device in the customer service restricting the flow of water to the customer's premises. Before the City installs a flow- restricting device the customer is to be given a notice in writing of such intended action. Should the customer either not take responsible action or respond to the City as to the customer's inability to comply with the Ordinance within a reasonable time the City shall proceed to install the flow - restricting device. The flow restricting device will be removed by the City upon satisfactory evidence presented to the City that the customer has mitigated the 7 of 10 situation. The customer will be charged for the actual cost of installation and /or removal of the flow restricting device. Actual cost shall include all City material, labor, equipment and overhead charges. (d) A customer allowing an adjacent customer to connect to its private water system following installation of a restrictive device shall after written notice by the City to abate such practice and does not immediately cease such action shall have a restrictive device installed by the City in their service line at their expense for a period of a minimum of ten (10) days or for as long a period of time as the connection between the two customers' premises remains. section 12. Notices All written first notices will be given by the City either in writing to the customer's mailing address by regular First Class U. S. Mail or hand delivered to the customer service address as convenient or appropriate to the City. Any second or subsequent written notices shall be given by the City by Certified U.S. Mail to the customer's mailing address and hand delivered to the service address. Section 13. Nonapplication of Ordinance This ordinance shall be inoperative to the extent any regulations and restrictions adopted pursuant to Division I, Chapter 3, of the Water Code conflict. Section 14. Violation Penalty Any customer appearing to have violated any of the provisions or failed to comply with any of the mandatory requirements of the Ordinance shall be first notified in writing of that violation or non - compliance and will be given an appropriate period of time to respond and /or to mitigate the situation causing the appearance of a violation. Should after that time period no effective response or action has been taken by the customer the City may deem the customer guilty of either an infraction and /or of a misdemeanor. Any customer that in the opinion of the City has violated this City Ordinance may be issued at the discretion of the Director of Public Works or his 8 of 10 designee a citation of the City charging the customer with an infraction of this Ordinance. The first citation issued shall include a fine of one hundred dollars ($100.00). For each subsequent citation issued in a one (1) year period for additional infractions the fine shall be increased respectively by $50 over the prior citation up to a maximum of $250.00. Should the customer, after a minimum of three (3) citations, not have complied with this Ordinance that customer may be charged at the discretion of the Director of Public Works or his designee with a misdemeanor. Any customer convicted of a misdemeanor under this Ordinance of the City shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each such customer charged with an infraction or misdemeanor shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued, or permitted by any such person, and he shall be punished accordingly. Section '15. This Ordinance shall expire at such time as WBMWD should terminate its Water Conservation Ordinance. SP tinn 16. Severability If any section, subsection, sentence, clause, phase, portion, or part of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts, or portions be declared invalid or unconstitutional. Section 17, The City Council of the City of E1 Segundo hereby declares that a serious water shortage exists and that the protection of the public health, safety, and welfare of the citizens of the community requires that this Ordinance be adopted as an Urgency Ordinance. 9 of 10 section 18. The City Clerk shall certify to the adoption of this Ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a minute of the adoption thereof in the records of the meeting at which the same is passed and adopted; and shall cause it to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this 19th day of February, 1991. City Clerk Mayor of the 10 of 10 fty of E1 Segundo, ifornia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1160 is a full, true correct original of Ordinance No. 1160 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DECLARING A WATER SHORTAGE EMERGENCY ADOPTING MANDATORY WATER CONSERVATION REGULATIONS AND RESTRICTIONS AND DECLARING THE URGENCY THEREOF. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 19th day of February, 1991, and the same was so passed and adopted by the following vote: AYES: Councilmembers Dannen, Clutter, West, Wise and Mayor Jacobsen NOES: None ABSTENTIONS: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1160 was duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following day, to wit: Ronald L. Hart City Clerk of the City of El Segundo, California (SEAL)