14-M
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/ Director of Public Works
SUBJECT: Consideration and possible action to adopt Resolution No. 22-48 – A Resolution adopting city-wide emergency water conservation measures.
DATE: August 8, 2022
EXECUTIVE SUMMARY
On May 24, 2022, the State Water Resources Control Board (SWRCB) adopted the latest emergency water conservation regulations in response to Governor Newsom’s executive order declaring a state of emergency that calls for reductions in water use due to ongoing drought conditions throughout California. This action would adopt Resolution No. 22-48, enacting city-wide emergency water conservation measures already established by Ordinance No. 1289 and add additional conservation measures required by the SWRCB.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-48; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
This Resolution implements restrictions on the use of potable water that will reduce the overall water consumption by customers. This will result in an undertermined revenue decrease for all water purveyors in the City.
DISCUSSION
On October 19, 2021, Governor Newsom declared a state of emergency in California and called for a reduction in water use due to the ongoing drought conditions throughout the state. On May 24, 2022, the State Water Resources Control Board (SWRCB) adopted emergency water conservation regulations in response to the Governor’s executive order to be effective June 10, 2022.
Staff Report – Resolution No. 22-48
City-wide Emergency Water Conservation Measures
August 8, 2022
DISCUSSION – Continued
In June 2015, the City Council adopted Ordinance No. 1289 establishing city-wide water conservation measures to be implemented if emergency water conservation regulations are mandated by the SWRCB. These measurements include the following:
• No person shall water caused to be watered any lawn or landscaping between the hours of 10:00 a.m. anf 5:00 p.m.
• No person shall water or caused to be watered any lawn or landscaping more than once per day
• No person shall water or cause to be watered any lawn of landscaping more than teo (2) times per week
• No person shall water or cause to be watered any lawn or landscaping to such an extent that there is excessive runoff into adjoining streets, parking lots, or alleys that occurs to incorrectly directed or maintained sprinklers or excessive watering • No person or entity shall use potable water to irrigate ornamental turf on public street medians
• No person shall use potable water to irrigate landscaping outside newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development
• No person shall use potable water to irrigate outdoor landscaping during and within forty-eight (48) hours following measureable rainfall
• Hotels and motels must post signage that offers their guests the option to not have linens and towels laundered daily
In addition to the conservation measurements already established by Ordinance, the SWRCB’s latest order adds the following regulations:
• Prohibit the use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public
• Prohibit the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites.
Per Ordinance No. 1289, City Council can establish additional water conservation measurements mandated by the SWRCB by Resolution. The State’s latest regulation commenced on June 10, 2022, and will remain in effect for one year unless the SRWCB modified it, readopts it or terminates the regulation altogether.
ATTACHMENTS
Resolution No. 22-48....................................................................................................... 3 Ordinance No. 1289………………………………………………………………………….….5
CITY OF BELLFLOWER
RESOLUTION NO. 22-48
A RESOLUTION ADOPTING CITY-WIDE EMERGENCY WATER
CONSERVATION MEASURES
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. On October 19, 2021, Governor Newsom declared a state of emergency in California and called for a reduction in water use due to the ongoing drought conditions throughout the state;
B. On May 24, 2022, the State Water Resources Control Board adopted emergency water conservation regulations in response to Governor Newsom’s executive order:
C. The adopted regulations require urban water agencies to place mandatory water use restrictions on outdoor water use beginning June 10, 2022;
D. In June 2015, City Council adopted Ordinance No. 1289 establishing water conservation measures in June 2015 to be implemented under declaration of a state of emergency;
E. The ordinance authorizes the City Council to implement additional emergency water conservation measures by resolution.
SECTION 2. The City Council finds as follows:
A. The State Water Resources Control Board’s latest emergency water conservation regulations include the following measures which are not listed in under Ordinance No. 1289:
1. Prohibit the use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
2. Prohibit the use of potable water for the irri gation of non- functional turf at commercial, industrial and institutional sites;
3. “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events;
City of Bellflower
Resolution No. 22-48
4. “Commercial, industrial and institutional sites” refers to commercial water users, industrial water users, and institutional water uses defined in Water Code, section 10608.12,
subdivisions €, (i), and (j), and includes homeowner’s
associations (HOAs), common interest developments,
community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interest.
SECTION 3. The City Council finds as follows:
The latest water conservation regulations imposed by the State Water Resources Control Board reflected in Section 2 shall be incorporated as additional water conservation measures under Ordinance No. 1289.
SECTION 4. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 5. If any part of this Resolution 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 Resolution are severable.
SECTION 6. To the extent that any other resolution pertaining to city-wide emergency water conservation measures is incorporated into this Resolution, it is superseded [or amended] in its entirety.
SECTION 7. The City Manager will establish policies and procedures as necessary to carry out this policy.
SECTION 8. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 9. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 10. This Resolution will become effective immediately upon adoption and remain in effect unless repealed or superseded.
City of Bellflower
Resolution No. 22-48
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 8TH DAY OF AUGUST 2022.
________________________________
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
CITY OF BELLFLOWER
ORDINANCE NO. 1289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BELLFLOWER AMENDING CHAPTER 13.16 OF THE
BELLFLOWER MUNICIPAL CODE PERTAINING TO
WATER CONSERVATION MEASURES
WHEREAS, on January 17, 2014, the Governor 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 issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; and
WHEREAS, on July 14, 2014, the State Water Resources Control Board SWRCB) adopted emergency regulations for Statewide urban water conservation; and WHEREAS, on August 11, 2014, the City Council adopted Resolution No. 14-49 in response to the SWRCB regulations, thereby adopting emergency conservation measures applicable to Bellflower Municipal Water System customers only; and WHEREAS, on May 5, 2015, In response to worsening drought conditions, the SWRCB adopted mandatory emergency regulations requiring an immediate twenty-five percent (25%) reduction in potable urban water use Statewide, in accordance with Governor Brown's April 1, 2015, Executive Order; and
WHEREAS, the mandatory emergency regulations adopted by the SWRCB enable the City of Bellflower (City) to enforce certain provisions of those regulations which apply to customers of all water retail providers that serve the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELLFLOWER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 13.16.005 of the Bellflower Municipal Code is hereby deleted in its entirety.
SECTION 2. Section 13.16.020 of the Bellflower Municipal Code is amended to read, in its entirety, as follows:
13.16.020 Watering of Lawns and Landscaping.
A. No person shall water or cause to be watered any lawn or landscaping between the hours of 10:00 a.m. and 5:00 p.m.
City of Bellflower
Ordinance No. 1289
B. No person shall water or cause to be watered any lawn or landscaping more than once a day.
C. No person shall water or cause to be watered any lawn or landscaping more than two (2) days per week.
D. No person shall water or cause to be watered any lawn or landscaping to such an extent that there is excessive runoff into adjoining streets, parking lots, or alleys that occurs due to incorrectly directed or maintained sprinklers or excessive watering.
E. No person or entity shall use potable water to irrigate ornamental turf on public street medians.
F. No person shall use potable water to irrigate landscaping outside newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community.
G. No person shall use potable water to irrigate outdoor landscaping during and within forty-eight (48) hours following measureable rainfall.
H. Adherence with the provisions of this subsection shall not relieve any person of the legal obligation to maintain landscaping as otherwise required by the provisions of this Code."
SECTION 3. Chapter 13.16 of the Bellflower Municipal Code is amended by the addition of the following new Section 13.16.055, to read:
13.16.055 Businesses.
Hotels and motels must post signage that offers their guests the option to not have their linens and towels laundered daily. This signage must be prominently displayed in each guest room."
SECTION 4. Section 13.16.090 of-the Bellflower Municipal Code is amended to read, in its entirety, as follows:
13.16.090 Violations.
Violation of any water conservation measure established pursuant to Chapter 13.16 shall be subject to a written warning for the first violation and shall be punishable pursuant to Chapter 1.08 and/or Chapter 1.12 of this Code for each subsequent violation. For persons not served by Bellflower's Municipal Water System MWS), the City will endeavor to provide the water purveyor of a person receiving a warning a copy of that warning."
City of Bellflower
Ordinance No. 1289
SECTION 5. The City Manager shall a) provide a one-time, by-mail notice of the above regulations to all local postal patrons in the City of Bellflower; b) use the existing City website and newsletter to disseminate information about water conservation measures; and c) endeavor to notify water system purveyors serving the City of Bellflower of any violations occurring within their respective service areas.
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any• reason held to be invalid, unconstitutional, or unenforceable, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares this Ordinance and each section, subsection, division, paragraph, sentence, clause, phrase, and portion thereof would have been adopted irrespective of the fact one or more portions of this Ordinance may be declared invalid, unconstitutional, or unenforceable.
SECTION 7. This Ordinance shall take effect 30 days after its adoption. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law.
ORDINANCE NO. 1289 HAD ITS FIRST READING ON JUNE 8, 2015, ITS SECOND READING ON JUNE 22, 2015, AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF JUNE 22, 2015.
i4 fJ ,.
Attest: Dan Koops, Mayor ro Tem
Debra D. Bauchop, . 1" Clerk
Doc 320975
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF BELLFLOWER
I, Debra D. Bauchop, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that:
Ordinance No. 1289 had its first reading on June 8, 2015, by the following vote to wit:
AYES: Council Members — Santa Ines, Schnablegger, Koops, Dunton, and Mayor Larsen
Ordinance No. 1289 had its second reading on June 22, 2015, and was duly passed, approved and adopted by the City Council of the City of Bellflower at its regular meeting of June 22, 2015, by the following vote to wit:
AYES: Council Members — Dunton, Santa Ines, Schnablegger, and Mayor Pro Tem Koops
ABSENT: Council Member — Mayor Larsen
Ordinance No. 1289 was posted at City Hall, the Clifton M. Brakensiek Library, John S. Simms Park, the Bellflower Sheriff's Substation, and T. Mayne Thompson Park; and the title, effective date, and vote will be published on Monday, June 29, 2015, in the Public Notices Section of the Long Beach Press-Telegram, pursuant to Government Code Section 36933 and City Council action of October 9, 2006.
Dated: June 24, 2015
Debra D. Bauchop, ty Clerk
City of Bellflower, California
SEAL)