ORDINANCE 1508 ORDINANCE NO. 1508
AN URGENCY ORDINANCE ENACTING WATER
CONSERVATION MEASURES AND REQUIREMENTS IN
ACCORDANCE WITH EMERGENCY REGULATIONS
PROMULGATED BY THE CALIFORNIA STATE WATER
RESOURCES CONTROL BOARD.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. On January 17, 2014, the Governor issued a proclamation of a state
of emergency under the California Emergency Services Act based
on drought conditions;
B. On April 25, 2014, the Governor issued a proclamation of a continued
state of emergency under the California Emergency Services Act
based on continued drought conditions;
C. On April 1, 2015, the Governor issued an Executive Order that, in
part, directs the State Water Resources Control Board (the "Board")
to impose restrictions on water suppliers to achieve a statewide 25%
reduction in potable urban usage through February 2016; require
commercial, industrial, and institutional users to implement water
efficiency measures; prohibit irrigation with potable water of
ornamental turf in public street medians; and prohibit irrigation with
potable water outside newly constructed homes and buildings that is
not delivered by drip or microspray systems;
D. In response to the Governor's Executive Order, on May 18, 2015, the
Board enacted emergency regulations amending California Code of
Regulations Title 23, §§ 863, 864, 865, and 866 ("Emergency
Regulations"). Absent additional action taken by the Board, the
Emergency Regulations will expire February 13, 2016;
E The drought conditions that formed the basis of the Governor's
emergency proclamations continue to exist;
F. The present year is critically dry and has been immediately preceded
by two or more consecutive below normal, dry, or critically dry years;
G. The drought conditions will likely continue for the foreseeable future
and additional action by both the State Water Resources Control
Board and local water suppliers will likely be necessary to prevent
waste and unreasonable use of water and to further promote
ORDINANCE No. 1508
Page 2 of 10
conservation;
H. Recent court decisions have reduced the amount of water supplied
through the State Water Project;
I. Rainfall in southern California is below last year's levels and annual
averages;
J. Reservoir levels statewide are well below average and below
capacity;
K. Water conservation is crucial to the continued delivery of clean, safe
water to El Segundo residents and customers;
L. The City will continue to offer educational materials, to promote best
practices for water conservation, and to support the use of water
conserving household fixtures to its users and customers in efforts
of encouraging water use efficiency practices and preventing the
waste of available water resources. This Ordinance sets forth water
use efficiency practices and water conservation measures that will
be implemented and followed by all applicable users within the
service boundaries of the City;
M. Article XI, § 7 of the California Constitution empowers the City to
enact and enforce ordinances regulating conditions that may be
public nuisances or health hazards, or that promote social,
economic, or aesthetic considerations;
N. In accordance with Water Code § 375, the City Council finds it is in
the public interest to adopt this Ordinance for water conservation
purposes;
O. In accordance with the Emergency Regulations and other applicable
law, the City Council desires to amend the El Segundo Municipal
Code ("ESMC") to achieve the conservation standards established
by the Board; and
P. In accordance with Government Code § 36937(b), the City Council
finds that this Ordinance should be adopted on an urgency basis to
preserve the public health, safety, and welfare. Failure to adopt this
ordinance is necessary to respond to the drought conditions and
comply with the Emergency Regulations. Taking immediate steps to
protect the public safety and welfare from such impacts is in the
public interest.
ORDINANCE No. 1508
Page 3 of 10
SECTION 2: ESMC § 10-5-1 is amended to read as follows:
10-5-1: PURPOSE:
This chapter is adopted pursuant to Water Code section 375 for the purpose of
establishing permanent water conservation requirements. In the event of water,
horta s, this chapter also establishes and—i ple 4n-q contingency
measures in the event of water shortages. The provisions of this chapter are
mandatory unless it is found that the use of water is necessary to comp
a term or condition in a permit issued by a state or federal agency, or is
otherwise exernpt by this chapter.
SECTION 3:, ESMC § 10-5-5 is amended to read as follows:
10-5-5: WATERING; IRRIGATION:
Except as otherwise provided by this section, it is unlawful for any person to
water their lawn or landscaping or permit their lawn or landscaping to be
watered between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00)
P.M. It is unlawful for any person to water their lawn or landscaping or permit
their lawn or landscaping to be watered for a period longer than fifteen (15)
minutes per station each day. Notwithstanding these prohibitions, the following
is permitted:
A. Persons may operate an irrigation system between nine o'clock (9:00) A.M.
and five o'clock (5:00) P.M. for the purpose of installing, repairing or routine
maintenance of the same;
B. Persons may water between the hours of nine o'clock (9:00) A.M. and five
o'clock (5:00) P.M. using any of the following methods:
1. Properly programmed weather based and/or sensor based irrigation
controllers;
2. Drip irrigation;
3. By hand, using a bucket; or
4. By hand, using a hose with an automatic shutoff nozzle.
C. Commercial nurseries and commercial grower's products may irrigate
before 10 a.m. and after 6 P.m. only. Waterinq is permitted at any time with
a hand-held hose equipped with a positive shut-off nozzle, a bucket, or
when a drip/miicro-irrigation system/equipment is used. Irrigation of nursery
formation beds is permitted at anv time. Waterinq of livestock is permitted
at anv time.
SECTION : ESMC § 10-5-6 is amended to read as follows:
10-5-6: MISCELLANEOUS RESTRICTIONS:
The following are unlawful for any person:
ORDINANCE No. 1508
Page 4 of 10
A. Allowing grass, lawns, ground cover, shrubbery, and open ground to be
watered at any time while it is raining or within 48 hours after measurable
rainfall.
B. Operating landscape irrigation system(s) that allow overspray or excess
runoff onto impervious surfaces (such as sidewalks, driveways, V-ditches,
gutters and roadways).
C. To use a water hose to wash any vehicle including, without limitation, cars,
trucks, boats, trailers, recreational vehicles, or campers, or any other
aircraft, tractor, or any other vehicle, or any portion thereof, unless the hose
is equipped with an automatic shutoff nozzle. Except for individual
residential vehicle washing, all wash water from vehicle washing/cleaning
activity must be prevented from discharging to the stormwater drainage
system.
SECTION 5: ESMC § 10-5-10 is amended to read as follows:
10-5-10: CLEANING OF SURFACES:
It is unlawful for any person to use water through a hose to clean any sidewalk,
driveway, roadway, parking lot, or any other outdoor paved or hard surfaced
area-, 4n4,e&s,4 ash wateir from- Guch a tivlty4&p-�vent .rte-dis harg.iRg4o
the-stor-FRwater-drOiR ge- y-st .
SECTION 6: ESMC § 10-5-16 is amended to read as follows:
10-5-16: VISITOR SERVING FACILITIES:
The owner and manager of each hotel, motel, restaurant, and other visitor
serving facility must ensure that such facility displays, in places visible to all
customers, placards or decals approved by the city, promoting public
awareness of the need for water conservation and/or advising the public that
waste of water is prohibited. Hotels, motels and other similar visitor servinq
facilities must provide quests the option to not have towels and linens
laundered daily and r)rominentiv displav this option in each quest room in easy-
to-understand Ian . ua e.
SECTION 7: ESMC § 10-5-17 is amended to read as follows:
10-5-17: RESTAURANTS AND OTHER EATING OR DRINKING
ESTABLISHMENTS:
Restaurants and anv other eating and/or drinkinq establishments in the city
cannot serve water to restaurant customers, except upon request of the
customer.
ORDINANCE No. 1508
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SECTION 8; ESMC § 10-5-18 is amended to read as follows:
10-5-18: CONSTRUCTION:
A. It is unlawful to use potable water for compacting or dust control purposes
in construction activities where there is a reasonably available source of
recycled or other nonpotable water approved by the California state
department of health services and appropriate for such use.
B. All water hoses used in connection with any construction activities must be
equipped with an automatic shutoff nozzle when an automatic shutoff
nozzle can be purchased or otherwise obtained for the size or type of hose
in use.
C. Notwithstanding anv other provision of this Code, use of potable water for
irrigation and other" outdoor use is prohibited outside of newly constructed
homes and buildinqs unless delivered by drip or micros rfay systems.
SECTION 9: ESMC § 10-5-22 is amended to read as follows:
10-5-22: WATER SHORTAGE CONTINGENCY MEASURES:
The city council by resolution is authorized to require or impose reductions in
the use of water if such reductions are necessary in order for the city to comply
with water use restrictions imposed by federal, state or regional water agencies
or to respond to emergency water shortage conditions. Depending on the
expected duration and severity of the shortage, the citv council may consider
declaring a Level 1, Level 2. Level 3 or Level 4 Drouqht Response by resolution.
these aerres gray Nmittiar ;t +a-fellcwr
A. Level 1 Drouqht Response.
Declarinq a Level 1 Drought Response condition demonstrates the need to
reduce the City"s water demand by a maximum of 10%, During a Level 1
Draught Response condition, the city will increase its public education and
outreach efforts to raise public awareness of the need to implement the
ermanent water conservation practices established) in Chapter 10-5, Sections
1 through 21.
B. Level 2 Drouqht Response.
Declarinq a Level 2 Drouqht Response condition demonstrates the need to
reduce the City's water demand between 10°1 and 20%. During a Level 2
_Drouqht Response condition, all persons usinq city water must comply with the
Level 1 Drouqht Response conditions, and must also comply with the foilowinq
additional mandatory conservation measures:
ORDINANCE No. 1508
Page 6 of 10
1. Limit residential and commercial landscape irrigation to no more than two
days per week. The City Council may
assign the days by resolution and the
assiqned days shall be posted by the city. This subsection shall not apply
to commercial growers or nurseries.
2. Cease watering landscaped public street medians with ornamental turf
unless using_ ecycled water. Potable water may be used to ensure the
health of trees and shrubs.
3. Cease washing down anv sidewalks and driveways, or other outdoor;
surfaces such as buildings, with potable water.
4, Cease allowinq runoff when irriqatinq with Potable water.
5. Any additional or innovative actions to increase the Supply of water available
to the city and to conserve the citv's existinq water supply,.
C. 'Level 3 Drought Response.
Declarinq a Level 3 Drouqht Response condition demonstrates the need to
reduce the City's water demand between 20% and 35%, Durinq a Level 3
Drouqht Response condition, all persons using city water must comply with the
Level 1 and Level 2 Drouqht Response conditions, and must also comply with
the followinq additional mandatory conservation measures:
1. Limit residential and commercial landscape irrigation to no more than one
dav, The City Council may assign the day by resolution and the assigned
day shall be posted by the city. This section shall not apply to commercial
growers or nurseries.
2. Stop fillinq or re-filling ornamental lakes or Ponds, except to the extent
needed to sustain aquatic life, provided that such animals are of significant
value and have been actively rnanaqed within the water feature prior to
declaration of a drought response level under this ordinance.
3. Limit filling swimminq Pools, spas, hot tubs, iacuzzis, or children's wading
pods is limited to not more than one day per week. The City Council may
assiqn the day by resolution and the assigned day shall be posted bathe
cif
4. Any additional or innovative actions to increase the sui)r)lv of water available
to the city and to conserve the city's existinq water supply:,
D. Level 4 Drought Response,
Declaring: a Level 4 Drouqht Response condition demonstrates the need to
reduce the City's water demand by 35% or more. Durinq a Level 4 Drouqht
Response condition, all persons usinq city water must comply with the Level 1
Level 2 and Level 3 Drouqht Response conditions, and must also comply with
the following additional mandatory conservation measures:
1. All watering without a drip irrigation or micro-spra Lsystem is prohibited. This
restriction shall not apply to the following categories of use unless the city
ORDINANCE No. 1508
Page 7 of 10
has determined that recvcled water is available and may be lawfuliv applied
to the use.
a. Maintenance of trees and shrubs that are watered on the same schedule
set forth in Subsection B by using a bucket, hand-held hose with a
oositive shut-off nozzle, or low-volume non-sprav irriqatiow
b. Maintenance of existing landscap.Lnq necessary for, fire protection as
specified, by the Fire Marshal of the local fire protection aqencv having
iUrisdiction over'the prpperty to be irrigated-
c. Maintenance of existing Iandscapinq for erosion control-,
d. Maintenance of plant materials identified to be rare or essential to the
well being of rare animals:
e. Maintenance of landscapinq within active Public parks and plavigg fields,
day care centers, school grounds, cemeteries, and olf course preens,
provided that such irriqation does not exceed two (L2) days per week
accordiniq to the schedule established under Subsection B-,
f. Waterinq of livestock: and
g. Public works projects and actively irriqated environmental mitigation
prolects.
2. Repair all water leaks within twenty-four (24 hours of notification by the city
unless other arranqements are made with the Citv Manaqer.
3. Stop fillinq swim m i nq_000ls, spas, hot tubs, and/or Jacuzzis of anv kind
whether in-ground or above-ground structures, includinq children's wading
pools.
4. Stop washinq vehicles except at commercial carwashes that re-circulate
water, or by high pressure/low volume wash systems.
5. Additionally, no new potable water service shall be provided, no new
temporary meters or permanent meters shall be provided, and no
statements of immediate ability to serve or provide potable water service
.(such as, will serve letters, certificates, or letters of availability) shall be
issued, except under the following circumstances:
a, A valid, unexpired buildinq_r)ermit has been issued for the oroiect: or
b. The_proiect is necessary to protect the public's, health, safety, and
welfare: or
c. The aaplicant provides substantial evidence of an enforceable
commitment that water demands for the pLoject will be offset prior to the
provision of a new water meter(s) to the satisfaction of city.
This provision shall not be construed to preclude the resetting or turn-on of
meters to provide continuation of water service or to restore service that has
been interrupted for a period of one vear or less.
6. Anv additional or innovative actions to increase the supply of water available
to the city and to conserve the citv's exisfinq water supply.
In addition, the resolution declarinq a Level 4 Drought Response may direct the
Citv Manaqer not to issue new water utility service connections for anv
development.
ORDINANCE No. 1508
Page 8 of 10
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.SECTION 10: ESMC § 10-5-24 is amended to read as follows:
10-5-24: ENFORCEMENT:
Anv violation of this chanter is a misdemeanor Punishable by uo to 30 dgys iLi
county iail and/or a fine of up to $1,000. At least one written warning must be
provided to persons upon the first violation of this chapter. Second and
subsequent violations may be enforced in accordance with applicable law
It is the code enforcement officer's
responsibility to enforce this chapter.
SECTION 11: Environmental Review. This ordinance is exempt from review
under the California Environmental Quality Act (California Public Resources Code
§§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of
Regulations §§ 15000, et seq.) because it establishes rules and procedures to
clarify existing policies and practices related to water service; does not involve any
commitment to a specific project which could result in a potentially significant
physical impact on the environment; and constitutes an organizational or
administrative activity that will not result in direct or indirect physical changes in
the environment. This Ordinance is adopted, in part, for protection of the
environment. Accordingly, this Ordinance does not constitute a "project" that
requires environmental review (see specifically CEQA Guidelines § 15378(b)(2,
5)). Moreover, even if the Ordinance were a project, it constitutes a specific action
needed to mitigate an emergency in accordance with CEQA Guidelines § 15269(c)
and would be categorically exempt from additional environmental review.
ORDINANCE No. 1508
Page 9 of 10
SECTION 12: Construction. This Ordinance must be broadly construed in
order to achieve the purposes stated in this Ordinance. It is the City Council's intent
that the provisions of this Ordinance be interpreted or implemented by the City and
others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 13: Enforceability. Repeal or supersession of any provision of the
ESMC does not affect any penalty, forfeiture, or liability incurred before, or
preclude prosecution and imposition of penalties for any violation occurring before
this Ordinance's effective date. Any such repealed or superseded part will remain
in full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Ordinance.
SECTION 1 A„ Validity of Previous Code Sections. If this entire Ordinance or
its application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other ordinance by this Ordinance will be rendered
void and cause such previous ESMC provision or other the city ordinance to
remain in full force and effect for all purposes.
SECTION 15: Severability. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the City Council intends that
such invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 1 Urgency Ordinance. This Ordinance is adopted by a four-fifths
vote, and will become effective immediately upon adoption pursuant to
Government Code § 36937(b) for the immediate preservation of the public peace,
health, safety, and welfare.
SECTION 17: Publication. The City Clerk is directed to certify the passage
and adoption of this Ordinance, cause it to be entered into the City's book of
original ordinances; make a note of the passage and adoption in the records of this
meeting; and within ten (10) days after the passage and adoption of this
Ordinance, cause it to be published in a newspaper of general circulation in
accordance with California law.
SECTION 18: Effective Date. This Ordinance will become effective on the
thirty-first (31St) day after its adoption.
ORDINANCE No. 1508
Page 10 of 10
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1508 on this 7th day of
July, 2015.
za n Fuentes
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 1508 was duly passed, approved and adopted by said
City Council at its regular meeting held on the 7th day of July, 2015, approved and
signed by the Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Jacobson, Council Member
Atkinson, Council Member Fellhauer, and Council Member
Dugan
NOES: None
ABSENT: None
ABSTAIN: None
Dated this 7th day of July
Tr0y,,,•,W aver, City Clerk'
APPROVED AS TO FORM:
By: ,,•• ,..M ��
t
y, M `Attorney
Mark D. Hensley,