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
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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.
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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
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ATTEST: "`'' _ FORM APPROVED: Q
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TERESA RUD ' H,Asst. City derk RICAARD A. DKVERNAY, City A rney 0