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HomeMy WebLinkAboutOrdinance - 2510 - Amend Title 14 ORDINANCE NO. 2510 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 14 (UTILITIES), CHAPTER 14.09 (DROUGHT MANAGEMENT PLAN) OF. THE REDDING MUNICIPAL CODE BY ENACTING SECTION 14.09.025 AND AMENDING TITLE 14 (UTILITIES), CHAPTER 14.09 (DROUGHT MANAGEMENT PLAN) SECTIONS 14.09.030 THROUGH 14.09.050, INCLUSIVE, FOR THE PURPOSE OF THE IMMEDIATE CONSERVATION OF WATER AND TO CONFORM THE DROUGHT MANAGEMENT PLAN TO REGULATIONS ADOPTED BY THE STATE OF CALIFORNIA WHEREAS, the State of California is experiencing unprecedented drought conditions with 2014 projected to become the driest year on record; and WHEREAS, the U.S. Drought Monitor currently classifies the entire State of California as experiencing severe to exceptional drought conditions; and WHEREAS, the United States Bureau of Reclamation ("Reclamation") has advised that Shasta Lake, the Central Valley Project's largest reservoir, is at 36 percent of it 4.55 million acre-feet capacity; and WHEREAS, the City of Redding operates a Water Utility that relies heavily on Reclamation-managed Central Valley Project surface-water supplies subject to drought restrictions; and WHEREAS, on January 17, 2014, the Governor of the State of California issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; and WHEREAS, on April 25, 2014, the Governor of the State of California issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; and WHEREAS, the drought conditions which formed the basis of the Governor's emergency proclamations continue to exist throughout the State of California and within the jurisdictional limits of the City of Redding; and WHEREAS, immediate action is needed to effectively increase water conservation so that remaining supplies are maintained to address water availability and the related preservation of the public health and safety of the residents of the City of Q Redding; and p Q WHEREAS, there is a direct nexus between the availability of water supply and the immediate preservation of the public health and safety; and WHEREAS, on July 15, 2014, in response to the continued drought, the State Water Resources Control Board implemented statewide emergency water conservation regulations including the adoption of California Code of Regulations, title 23, sections 863-865, inclusive. WHEREAS, title 23, section 865 of the California Code of Regulations requires all water suppliers to limit outdoor irrigation of ornamental landscapes or turf with potable water consistent with said regulations. WHEREAS, for all of the above-referenced reasons, it is hereby declared and determined to be essential and necessary to adopt immediate water conservation measures to regulate and control the use of potable water within the jurisdictional limits of the City of Redding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: Section 1. The City Council finds and determines as follows: The above recitals are true and correct and are incorporated herein as if set.forth in full and are relied upon independently by the City Council for its adoption of this urgency ordinance. Section 2. Title 14, Chapter 14.09, is hereby amended to add Section 14.09.025 of the Redding Municipal Code to read as follows: 14.09.025 Stage II-Mandatory twenty percent reduction. All Stage I requirements apply, plus the following: A. To promote water conservation, each of the following actions is prohibited except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency or the City of Redding: 1. The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public sidewalks, roadways, parking lots or structures. 2. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use. 3. The application of potable water to driveways and sidewalks. 4. The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. :r B. All customers must reduce landscape watering consumption by adhering to the following restrictions: 1. Outdoor irrigation of ornamental landscapes or turf with hose-end sprinklers or automatic irrigation systems is permitted only between the hours of 9:00 p.m. and 7:00 a.m. a. Customers whose street addresses end with an odd number may water only on Wednesday, Friday and Sunday and only within the permitted time period. b. Customers whose street addresses end with an even number may water only on Tuesday, 'Thursday and Saturday and only within the permitted time period. 2. Low volume outdoor irrigation of ornamental landscapes or turf by means of a hand-held hose with a manual or automatic shut-off nozzle operated by one person, a bucket or water can with a capacity of five gallons or less, or a manually operated drip irrigation system is permitted only between the hours of 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 9:00 p.m. C. Public Facilities: Water service to landscape maintenance districts, parks, cemeteries, and other public facilities shall comply with the restrictions set forth in this Section. D. Construction Projects: Water service for construction projects shall be addressed on a case-by-case basis. All requirements set forth in this Section shall apply until such time as final approval for a deviation from the requirements of this Section is given by the Director of Public Works, in his sole discretion. All requests for deviation from the requirements set forth in this Section shall be made in writing and detail water needs and time of use required. E. Stage II shall be implemented and terminated by resolution of the City Council of the City of Redding. F. Penalty for Violation: Violation of this section shall be enforced by means of Chapter 1.13 of the Redding Municipal Code and may be punishable by a fine not to exceed five hundred dollars ($500.00)for each violation. Section 3. Title 14, Chapter 14.09, is hereby amended by amending Sections 14.09.030, 14.09.040, and 14.19.050 to read as follows: 14.09.030 Stage III - Mandatory twenty-five percent reduction. A. [No change to the operative text of this Section] a! a 14.09.040 Stage IV - Mandatory thirty-five percent reductions. A. [No change to the operative text of this Section] 14.09.050 Stage V - Mandatory fifty percent reduction. A. [No change to the operative text of this Section] Section 3. The Council hereby finds and determines that the enactment of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") pursuant to CEQA Guideline Section 15269(c) (California Code of Regulations Title 14, Chapter 3, Section 15269(c)) because a state of emergency has been issued by the Governor of the State of California regarding the drought and specific actions by the Council are necessary to mitigate that emergency. The City Clerk is hereby authorized to file a Notice of Exemption with the County of Shasta pursuant to CEQA Guidelines Section 15094. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance .and the application of such provision will remain in effect to the extent permitted by law. Section 11. Effective Date and Term. This urgency ordinance shall take effect immediately upon its adoption by a four- fifths (4/5)vote of the City Council. I HEREBY CERTIFY that the foregoing ordinance was introduced, read and adopted by the City Council at a special meeting on the 5th day of August, 2014, by the following vote: AYES: COUNCIL MEMBERS: Cadd,Jones,McArthur, Sullivan, &Bosetti NOES: COUNCIL MEMBERS: None ABSENT: . COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Lf n` L RICK BOSETTI,Mayor z_ ATTEST: "`'' _ FORM APPROVED: Q l\ TERESA RUD ' H,Asst. City derk RICAARD A. DKVERNAY, City A rney 0