HomeMy WebLinkAboutORD 1060 (1991) I ORDINANCE NO. 1060
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
2 CALIFORNIA, FINDING AND 'DETERMINING THE NECESSITY FOR AND
3 ADOPTING A WATER MANAGEMENT PROGRAM
5 The City Council of the City of Tustin does' hereby ordain aS follows:
6 SECTION 1. Declaration of Policy. California Water Code
Sections 375 et seq. permit public entities which supply water at
7 retail to adopt and enforce a water conservation program to reduce the
quantity of water used by the people therein for the purpose of conserving
8 the water supplies of such public entity. The City Council of the City Of
Tustin hereby establishes a comprehensive water conservation program
9 pursuant to California Water Code Sections 375 et seq., based upon the
need to conserve water supplies and to avoid or minimize the effects of
10 any future shortage.
11 SECTION 2. Findings. The City Council of the City of Tustin finds
12 and determines thata water shortage will exist upon the occurrence of one
or more of the following:
13 (A) A general water supply shortage due to limited ~upplies.
li (B) Distribution or storage facilities of the Metropolitan Water
District of Southern California, the Municipal Water District
15 of Orange County, the East Orange County Water District, or
the City of Tustin become inadequate.
(C) A major failure of the supply, storage and distribution
17 facilities of the Metropolitan Water District of Southern
California, the Municipal Water District of Orange County,
18 the East Orange County-Water District, or of the City of
Tustin occurs.
19
The City Council of the City of Tustin also finds and determines that the
20 conditions prevailing in State and in the Orange County area require that
the water resources available be put to maximum beneficial use to the
21 extent to which they are capable, and that the waste or unreasonable use,
or unreasonable method of use, of water be prevented and that the
22 conservation of such water encouraged with a view to the maximum
reasonable and beneficial use thereof in the interests of the people of
2.3 the City of Tustin and for the public welfare.
24 SECTION 3. CEQA Exemption. The City Council of the City of Tustin
finds that this Ordinance and actions taken hereafter pursuant to this
2.5 Ordinance are exempt from the California Environmental Quality Act as
specific actions necessary to pre.vent or mitigate an emergency pursuant to
.26 Public Resources Code Section 21080(b) (4) and the California
Environmental Quality Act Guidelines Section 15269{c).
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Ordinance No. 1060, Page 2
The City Manager of the City of Tustin is hereby authorized and directed
1 to file a Notice of Exemption as soon as possible following adoption of
this Ordinance.
2
SECTION 4. Application. The .provisions of this Ordinance
3 shall apply to all persons, customers, and property served by the City
of Tustin water service.
&
SECTION 5. Authorization. The City Manager or a
~5 designated representative is hereby authorized and directed to implement
the provisions of this Ordinance.
6
SECTION 6. Water Conservation Staqes. No customer of the City
7 shall knowingly make, cause, use, or permit the use of water supplied by
the City for residential, commercial, industrial, agricultural,
8 governmental or any other purpose in a manner in excess of the amounts
authorized by this Ordinance, or during any period of time other than the
9 periods of time specified in this Ordinance. AT NO TIME. SHALL WATER BE
WASTED OR USED UNREASONABLY. The following stages shall take effect upon
10 declaration as herein provided.
11 (A) STAGE I .-.VOLUNTARY COMPLIANCE - WATER WATCH. STAGE 1
.. applies duNng periods when the possibility exists that the
12 'City will not' be able to meet all of the demands of its
customers. During STAGE 1, all elements of ITAGE 2 shall
13 apply on a voluntary basis only.
11 (B) STAGE 2 - MANDATORY COMPLIANCE - WATER ALERT. STAGE, 2
applies during periods when the probability exists that the
15 City will not be-able to meet all of the water demands of
its customers or when statewide shortages cause a need for
16 local conservation measures to be implemented. During STAGE
2, the following water conservation measures shall apply
17 except when reclaimed or recycled.water is used.
18 1. Lawn watering and landscape irrigation, including
construction meter irrigation, is not permitted between
19 the hours of 10:00 a.m. and 6:00 p.m. any day. Watering
is permitted at any time if a hand-held hose equipped
~0 with a positive shut-off nozzle is used, a
hand-held faucet-filled bucket of five (5) gallons or
21 less .is used, or a drip irrigation system is used.
~ Watering shall be done as needed only.
~j) 2~ Water shall not be used to wash down streets, gutters,
sidewalks, driveways, parking areas, tennis courts,
patios, pool decks, or other paved areas, except to
2~ alleviate immediate fire or sanitation hazards.
~.5 3. Washing of autos, trucks, mobile homes, buses,
trailers, boats, airplanes and other types of mobile
26 equipment shall be done with a hand-held bucket or a
hand-held hose equipped with a positive shut-off nozzle
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Ordinance No. 1060, Page 3
for quick rinses. Washing is permitted at any time on
1 the immediate premises of a commercial car wash.
Further, such washing is exempted from these.
2 regulations where health, safety and welfare of the
public is contingent upon frequent vehicle cleaning such
3 as garbage trucks and vehicles used to transport food
4 and perishables..
4. Watering parks, school grounds, public facilities, and
5 recreational fields is not permitted between the hours
6 of 10:00 a.m. and 4:00 p.m.
5. Restaurants shall not serve water to their customers
7 except when specifically ~equested.
8 6. The operation of any ornamental fountain or similar
9~ structure is prohibited unless reclaimed water is used.
7. Agriculture users and commercial nurseries as defined
10 in the Metropolitan Water District Code are exempt.
from STAGE 2 irrigation restrictions, but will be
11 .required to curtail all non-essential water use.
12 (C) STAGE 3 - MANDATORY COMPLIANCE - WATER WARNING. STAGE
3 applies during periods when the City will no.t be able to
13 meet all the water demands of its customers. During STAGE
1i 3, the following water conservation measures shall apply
except ~hen reclaimed or recycled water is used.
15 1. Lawn watering and landscape irrigation, including
construction meter irrigation, is permitted only on
16' designated irrigation days and only 'between the hours
of 6:00 p.m. and 6:00 a.m. A 'designated irrigation
17 day" is determined by the last digit in the street
address. Properties with addresses ending in an even
18 number may use water on even numbered days and addresses
ending with an odd number may use water on odd numbered
19 days.
20 2. Water shall not be ~sed to wash down streets, gutters,
sidewalks, driveways, parking areas, tennis courts,
2] patios, pool decks, or. other paved areas, except to
112 alleviate immediate fire or sanitation hazards.
3. Washing of autos, trucks, mobile homes, buses, trailers,
2.3 boats, airplanes and other types of mobile equipment is
prohibited. Washing is permitted at any time on the
24 immediate premises of a commercial car wash. The use of
water by all types of commercial car washes not using
25 partially reclaimed or recycled ,water shall be reduced
in volume by 20%. Further, such washings are exempted
26 from these regulations where the h'ealth, safety and
welfare of the public. is contingent upon frequent
27 vehicle cleaning such as garbage trucks and vehicles
28 used to transport food and perishables.
Ordinance No. 1060, Page 4
I 4. Watering parks, school grounds, public facilities, and
recreational fields is permitted only after 6:00 p.m.
2 and before 6:00 a.m.
3 5. The use of water from fire hydrants shall be limited to
fire fighting and related activities, or other
activities necessaryto maintain the health, safety and
I welfare of the public.
5 6. Agricultural users and commercial nurseries shall use
6 water only between the hours of 6:00 p.m. and 6:00 a.m.
7. Restaurants shall not serve water to their customers
7 except when specifically requested.'
8 8. The operation of any ornamental fountain or similar
9 structure is prohibited.
10 9. All water leaks shall be repaired immediately.
11 10. Construction water shall not be used for earthwork or
road construction purposes unless authorized as a
mitigation or erosion control, compaction or backfilling
12 earthwork or as required by the Air Quality Management
13 Plan (AQMP) Control Measure F-4.
1i 11. Exceptions: The prohibited uses of water are not
applicable to that use of water necessary for publ-ic
health and safety or for essential governmental services
15 such as-police, fire and other similar emergency
16 services.
(D) ~TAGE 4 - MANDATORY COMPLIANCE - WATER EMERGENCY. STAGE 4
17 applies when a major failure of any supply or distribution
facility, whether temporary or permanent, occurs in the water
18 distribution system of the State Water Project, Metropolitan
Water District of Southern California, Municipal Water
19 District of Orange County, East Orange County. Water District
or City facilities. During STAGE 4, the following water
20 conservation measures shall apply except when reclaimed or
21 recycled water is used:
1. All outdoor irrigation of vegetation is prohibited.
:~3 2. Water shall not be used to wash down streets, gutters,
sidewalks, driveways, parking areas, tennis courts,
patios, pool decks, or other paved areas, except to
24 alleviate immediate fire or sanitation hazards.
~.5 3. Washing of autos, trucks, mobile homes, buses, trailers,
boats, airplanes and other types of mobile equipment is
-2G prohibited. Washing is permitted at any time upon the
immediate premises of a commercial car wash. The use of
27 water by all types of commercial car washes shall be
98! reduced in volume by 50%. Further, such washings are
Ordinance No. 1060, Page 5
!1 exempted from these regulations where the health,
safety and welfare of the public is contingent upon
frequent vehicle cleaning such as garbage trucks and
vehicles used to. transport food and perishables.
3 4. Filling, refilling or adding of water to swimming pools,
4 spas, ponds and artificial lakes is prohibited,
5 5. Watering of parks, school grounds, public facilities and
recreation fields is prohibited with the exception of
plant materials classified to be rare, exceptionally
6 valuable, or essential to the well being of rare
? animals.
8 6. The use of water from fire hydrants shall be limited to
fire fighting or related activities necessary to
9 maintain the health, safety and welfare of the public.
10 7. Use of water for agri'cultural or commercial nursery
purposes,.except for livestock watering, is prohibited..
11 8. Restaurants shall not serve water to their customers
12 except when specifically requested.
9. The operation,of any ornamental fountain or similar
18 structure is prohibited.
14 10. New construction meters or permits for unmetered service
will not be issued. Construction water shall not be
15 used for earth work or road construction purposes.
11. The use of water 'for commercial," manufacturing or
17 processing purposes shall be reduced in volume by 50%.
12. No water shall be used for air conditioning purposes.
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13. All water leaks shall be repaired immediately.
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~0 14. Exceptions: Th'e prohibited uses of water are not
applicable to that use of water necessary for public
health and safety or for essential governmental services
21 such as police, fire and other similar emergency
~ services..
SECTION 7. Mandatory Conservation Phase Implementation. The
~ City shall monitor the projected supply and demand for water by its
customers on a daily basis. The City Manager shall determine the extent
24 of the conservation required through the implementation and/or termination
of particular conservation stages in order for the City to prudently plan
95! for and supply water to its customers. Thereafter, the. City Manager may
order that the appropriate stage of water conservation be implemented or
28 terminated in accordance with the applicable provision of this Ordinance.
The declaration of any stage beyond STAGE 1 shall be made by public
27 announcement and notice shall be published a minimum of three (3)
28 consecutive times in a newspaper of general circulation. The stage
Ordinance No. 1060, Page 6
designated shall become effective immediately upon announcement. The
I declaration of any stage beyond STAGE I shall be reported to the City
Council at its next regular meeting. The City Council shall thereupon
2 ratify.the declaration, rescind the declaration, or direct the declaration
.of a different stage.
3
SECTION 8. FAILURE TO COMPLY.
5 (A) Following a declaration of a Stage I condition as provided
herein, upon the occurrence of violations of any of the
provisions of this ordinance, City shall cause written notice
6 to be given to each violator,.
7 (B) Following a declaration of a Stage 2 condition as provided
herein, citations shall be issued to violators. The first
8 violation by any violator shall subject the violator to a fine
of Twenty-Five dollars ($25.00). Upon a second violation, the
9 violator shall be subject to a fine of Thirty-Five dollars
($35.00). Upon a third violation, the violator shall be
10 subject to a fine of Forty-Five dollars ($45.00). Upon a
fourth violation, the violator shall be subject to a fine of
11 Fifty-Five dollars ($55.00).
12 {C} For the fifth' violation, the City may install a flow
restricting device in the customer's water service line for a
13 period not less than 48 hours and until the customer satisfies
the City that the failure to comply will not continue. The
14 charge for installing and removing the flow restricting device
shall be $65.00 and shall be paid by the customer. prior to
15 .removal.
16 (D) For the sixth and each subsequent violation, the City may
discontinue water service for a period of not less than 24
17 hours and until .the customer satisfies the City that the
I failure to comply will not continue. -The customer shall pay
18 $70.00 for restoration of water service.
19 SECTION 9. Appeal-Procedure. A customer shall have the right to
appeal by filing a written request for appeal within five days with the
20 City Manager or his designee. .Within ten days after receipt of such a
request, a written decision shall be issued. The City Council or their
21 designee shall be the final appeal body on'all decisions.
221 SECTION 10. Severability. If any section, sub-section, clause
or phrase in this Water Conservation Ordinance or the application thereof
23 to any person or circumstances is for any reason held invalid, the
validity of the remainder of the Conservation Ordinance or the application
24 . of such provisions to other persons or circumstances shall not be
affected.
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Ordinance No. 1060, Page 7
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 18th day of March , 1991.
RICHARD B. EDGAR,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1060
MARY E WYNN, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
Ordinance was duly and regularly read and introduced at a meeting of the
City Council held on the 4th' day of March' , 1991, ~nd was'given
its second reading and duy'Tg'~assed and adopted at a meeting of the City
Council held on the .....18thdaY of March ,lggl, by the following
roll call vote:
COUNCILMEMBER AYES: 'Edgar, Puckett, Pontious, Potts, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None