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6-09 Claremont Draft Water Ordinance
6-09 Claremont Draft Water Ordinance
Agenda Report
SUMMARY
A multi drought and additional factors including climate change population growth and habitat
year
protection rulings have caused the Metropolitan Water District of Southern California MWD to
announce that theywill be reducing the amount of water delivered to Southern California In order to
address this reduction MWD has asked member agencies and local governments to adopt water
conservation ordinances This request is consistent with City water conservation goals which call for
water conservation Golden State Water Company has also been directed by the California Public
Utilities Commission to put mandatory conservation measures in place by July 1 2009
Staff is asking the Community Services Commission to review the attached draft ordinance
Attachment A which is based on the MWD model ordinance and make a recommendation
regarding the ordinance to the City Council
Staff Recommendation
Staff recommends that the Community Services Commission recommend that the City Council adopt
the ordinance which adds Section 8 30 regarding water conservation to the Claremont MuniCipal
Code
ANALYSIS
Background
California isexperiencing its third consecutive year of drought The governor has proclaimed a water
emergency and is calling for water conservation efforts statewide In addition aquatic habitat issues
in Northern California increasing population growth decreasing supplies from the Colorado River
and climate change are all combining to magnify our current situation and create on
going concerns
over the long term dependability of our water supply
In response the MWD has allocated approximately 10 less imported water to each of its 26
member agencies in Southern California
beginning on July 1 2009 They plan to raise their water
rates by 20 to make up for the revenue shortfall anticipated by the lower water sales Water
agencies that do not meet MWD s water conservation targets will also pay penalty rates of up to
500 of current rates for water exceeding their target reduction
Both the Claremont General Plan and Claremont Sustainable City Plan include goals policies and
recommended actions to increase water conservation These actions call for working with our local
water providers to provide education incentives and enforcement
Community Services Commission
June 11 2009
Page 2 of 6
Partner Or anizations
Valleys Municipal Water District Three Valleys a MWD member agency is Claremont
s
Three
State Water Company Golden State is the retail water agency
wholesale water provider Golden
for Claremont Implementation of real water conservation measures requires cooperation between
Three Valleys Golden State and the City Each agency s duties lend in some way to effective
as the outline for what
implementation and enforcement of water conservation This section serves
memorandum of
expected to become the water conservation implementation plan
a
is
Inform Golden State of its conservation target and charge penalty fees if allocation amount
is exceeded based on 1999 2008 baseline water usage data
As becomes available
funding conservation fixtures rebates and other incentives
provide
to persons and businesses trying to meet their water conservation targets
On qoina Duties
Special Duties for Water Shortaqes Note Golden State will perform theJolowing duties only
during times when they hav been authorized by the California public Utilities
Commission CPUC to perform mandatory conservation measures under an approved
Schedule 14 1
Inform each customer of their monthly conservation target for year beginning on July 1
2009 and ending June 30 2010 The anticipated conservation target foHhis period is a
10 reduction in the customer s historic use
who do hot meet their
Charge penalty water rates Penalty Charges to customers
conservation target
comply with water
Charge Water Use Violation Fines for customers who do not
Restrict flow shut off service to customers who continue to use excessive
or
temporarily
amounts of water even after being contacted by Golden State or City staff provided with
educational information charged penalty fees and warned of possible service
interruptions or
legal citations
City of Claremont
Assist Golden State in informing the public regarding ordinance requirements water wise
practices and legal ramifications of non compliance
Assist Golden State and Three Valleys in providing water conservation education and
incentives to citizens and businesses
Assist with enforcement of the City s ordinance at times when Golden State is not
Page 3 of 6
The draft ordinance is based on the MWD model ordinance It includes a series of permanent
water conservation restrictions that in effect at all times regardless of the water supply situation
are
These measures are seen simply as best practices that should be utilized at all times in order to
ensure that current and future water
supply needs can be met The following permanent measures
are included in the proposed ordinance
Obligation to fix leaks breaks or malfunctions within five business days of notice
Re circulating water required for water fountains and decorative water features
Wash vehicles only with a bucket or hose with shut off nozzle
Restaurants only serve water upon request
Hotels must provide guests option to decline
daily linen laundering
No installation of single pass cooling systems
In addition to these permanent measures the ordinance proposes three additional levels of
measures These levels generally correspond to MWD water alert levels or conservation targets
These additional levels are described below in Table 1 below The ordinance gives authority to
declare water level alerts to the City Manager with affirmation by the City Council at a following City
Council meeting This will allow the City to react quickly to emergency conditions while also allowing
the City a level of local autonomy to respond to MWD alert declarations only when the alerts apply to
No re filling of ornamental
lakes or ponds
Commercial car washes
must be equipped with
recirculating systems
Limited filling of residential
Page 4 of 6
Beginning 1 2009 and extending through at least June 31 2010 Golden State Water will
on
July
be responsible for enforcing mandatory conservation measures that are
nearly identical to the
measures contained in this ordinance During this time
Golden State Water will have adequate
penalty mechanisms to handle all anticipated violations and the City s level of enforcement of this
ordinance will be very limited However during these times the City will strive to educate the public
regarding the contents of the City ordinance and the importance of responsible water usage
At times when Golden State Water is not authorized by the CPUC to enforce mandatory conservation
measures the may have a larger role in enforcement of water conservation measures Golden
City
State Water will still have primary responsibilities for assisting customers in conserving water and
informing them of best practices when possible violations are identified In extreme cases where a
violator is not responsive to multiple attempts by Golden State Water to resolve a potential water
violation the City may provide code enforcement staff to assess penalties and possibly prosecute the
violation as a misdemeanor under Section 8 30 100 of the draft ordinance
At all times the City will strive to educate the public regarding the contents of the
City ordinance and
the importance of responsible water In addition if
staff observes obvious water
use
City
conservation violations they may notify the property owner of the potential violation and informing
them of how it can be corrected or simply contact Golden State Water Company and ask them to
assist the property owner in correcting the potential violation It is expected that most issues will be
addressed through simple notification and education
The following is a timeline for developing the ordinance and implementation plan
This time frame is consistent with both the Sustainability City Plan and the City Manager s
Sustainability Embedment Plan which calls for adoption of a water conservation ordinance by
July 31 2009
Public Outreach
Golden State Water intends to do a public outreach campaign in support of their mandatory water
conservation measures which are set to become effective on July 1 2009 The following actions will
be taken by Golden State Water
Make a presentation
regarding this plan to the Claremont City Council
Add periodic bill stuffers to water bills
regarding their measures
Publish newspaper ads
Community Services Commission
June 11 2009
Page 5 of 6
Provide web page information on conservation restrictions and penalties Ilelpful tips
rebate information and status updates
Distribute low flow toilets to Claremont customers on
Saturday June 27 2009 at
Claremont High School Target 500 toilets
Make water conservation kits available to all customers on demand dye tabs shower head
aerators info
In addition to Golden State s efforts the City will provide information on its water conservation
ordinance on the City Website and in City facilities
water efficient design standards as a condition of receiving a building permit or design review
approval This ordinance will apply to landscaping or re Iandscaping projects of more than 2 500
square feet in area It is a highly technical ordinance that will likely require property owners to hire a
qualified landscape professional to develop a water budget and utilize water efficient plants and
irrigation for new landscape construction projects This ordinance will automatically go into effect on
January 1 2010 unless the City adopts its own equally effective ordinance prior to that date Staff
will bring forward a recommendation on this model ordinance in the next few months
COMMITTEE REVIEW
On May 4 2009
the Sustainability Committee reviewed the MWD Model Water Conservation
Ordinance and recommended that the City Council approve the model ordinance with the following
additions
Add incentive programs that help citizens and businesses conserve water
Add education programs with partners such as Golden State Three and Rancho
Valleys
Santa Ana Botanic Garden to help citizens and businesses conserve water
Staff believes that general references about the availability of incentive and education programs can
be added to the ordinance but details should be reserved for policy documents such as the
implementation plan that may accompany the ordinance The MWD Model Water Conservation
ordinance is designed to be a legal enforcement document Incentive programs and funding
availability tend to change regularly and therefore do lend themselves to legal codification
On
May 12 2009 the City Council reviewed an outline of the MWD Model Ordinance and heard from
Golden State Water about their plans for water conservation The council directed staff to prepare
an ordinance in
keeping with the MWD model and take it to the Community Services Commission for
review returning to the City Council for review and adoption The council also directed staff to
prior to
develop staffing plan and work with Golden State Water and Three Valleys to prepare an
a
FINANCIAL REVIEW
The financial impact of implementing this ordinance could be significant Code enforcement staff
could be necessary to enforce portions of the ordinance Staff time could also be required for
educating the public and or providing incentives Staff should work with Golden State and Three
Community Services Commission
June 11 2009
Page 6 of 6
Valleys to reach a formal agreement as to which parts of the ordinance will be implemented by each
pa rty
CEQA REVIEW
Staff has concluded that City adoption of the MWD Model Water Conservation Ordinance or similar
water conservation ordinance would be exempt from the California Environmental Quality Act in
accordance with Sections 15307 and 15308 of the California Environmental Protection Act
Guidelines These sections exempt actions taken by regulatory agencies for the protection of natural
resource and or the environment
This item has been noticed regular agenda notification process Copies are available at
through the
the City Hall
public counter the Youth
Activity Center the Alexander Hughes Community Center the
City website and the Claremont Public Library Additional copies of this report were e mailed to the
Claremont Sustainability Committee local water agencies and other citizens who have expressed
interest in water conservation
In addition to the staff recommendation the following alternatives have been identified
1 Recommend revisions to the draft water conservation ordinance and recommend that the City
Council adopt the revised ordinance
2 Review the attached draft water conservation ordinance and recommend that the City Council
not adopt the ordinance
3 Continue discussion of the water conservation ordinance as more time and or information is
Submitted by
Attachment A Draft Water Conservation Ordinance adding Section 8 30 to the Claremont City
Code
DRAFT 6 4 09
ORDINANCE NO
WHEREAS the City has established policies of sustainability and addressed these issues
as
part of the City s General Plan and
WHEREAS as set forth in the Open Space Parkland Conservation and Air Quality
Element of the General Plan the City encourages sustainable practices including
achieving the
highest level of water conservation possible and
WHEREAS Southern California is a semi arid region that is largely dependent upon
imported water supplies A growing population climate change environmental concerns and
other factors in other parts of the State and Western United States make the
region highly
susceptible to water supply reliability issues and
WHEREAS from time to time drought conditions in the State of California have resulted in
reduced supplies of imported water and or local groundwater and
WHEREAS careful water management that includes active water conservation measures
not only in times of drought but at all times is essential to ensure a reliable minimum supply of
water to meet current and future water
supply needs and
WHEREAS on May 12 2009 the City Council studied potential water conservation
measures and provided direction to staff as to what regulations were
appropriate for Claremont and
WHEREAS after considering all public comments the City Council determined that this
Ordinance is in the best interest of the City and
WHEREAS this Ordinance is in the best interest of the City for the following reasons
a The provisions contained in this Ordinance are necessary for the health safety and
c The water conservation regulations in this ordinance promote the following goals
and policies of the City
General Plan Goal 5 15 Achieve the highest level of water conservation possible
General Plan Policy 5 15 3 Work with the City water provider in exploring water
conservation programs and encourage the water provider to offer incentives for
water conservation
SECTION 3 Title 8 of the Claremont Municipal Code of the City of Claremont is hereby
amended to add a new chapter 8 30 to read as follows
Chapter 8 30
Water Conservation
Sections
8 30 010 Purpose
8 30 020 Definitions
8 30 030 Application
8 30 040 Permanent Water Conservation Requirements
Ordinance No
Page 3 of 11
8 30 010 PURPOSE
This Chapter establishes water conservation restrictions intended to alter behavior related to water
use
efficiency at all times and further establishes three levels of water supply shortage response
actions to be implemented during times of declared water shortage or declared water shortage
emergency with increasing restrictions on water use in response to worsening drought or
emergency conditions and decreasing supplies
8 30 020 DEFINITIONS
5 local Retail Water Agency means any agency or privately owned company
that provides water to residents businesses and other water users in the City of
Claremont
Page 4 of 11
8 30 030 Application
The of this chapter apply to any person in the use of any potable water in the
a
provisions
City
b The provisions of this Chapter do not apply to uses of water necessary to protect public
health and safety or for essential government services such as police fire and other
similar emergency services
The of this do not apply to the use of recycled water with the
c
provisions Chapter
exception of Section 8 30 040 a
e This Chapter is intended solely to further the conservation of water It is not intended to
f Where any provision of the Claremont Municipal Code is in conflict with this Chapter the
The following water conservation requirements are effective at all times Any person who
violates this section shall be subject to the penalties for violation as set forth in Section 8 30 100
and this Code
d No Washing Down Hard or Paved Surfaces Washing down hard or paved surfaces
including but not limited to sidewalks walkways driveways parking areas tennis courts
Ordinance No
5 of 11
Page
patios or
alleys is
prohibited except when necessary to alleviate safety or sanitary
hazards and then only by use of a hand held bucket or similar container a hand held
hose equipped with a
positive self closing water shut off device a low volume high
pressure cleaning machine equipped to recycle any water used or a low volume high
pressure water broom
e
Obligation to Fix Leaks
Breaks or Malfunctions Excessive use loss or escape of
water through breaks leaks or other malfunctions in the water user s plumbing or
distribution system for any period of time after such escape of water should have
reasonably been discovered and corrected and in no event more than five 5 business
days of receiving notice from Golden State Water or the City of Claremont is prohibited
g Limits Washing Vehicles Using water to wash or clean a vehicle including but not
on
limited to any automobile truck van bus motorcycle boat or trailer whethef motorized
or not is
prohibited except by use of a hand held bucket or similar containef Of a hand
held hose equipped with a positive self closing water shut off nozzle or device This
subsection does not apply to any commercial car washing facility
I Restaurants Required to Use Water Conserving Dish Wash Spray Valves Food
preparation establishments such as restaurants or cafes are prohibited from using non
water conserving dish wash spray valves
a A Level 1 Water Supply Shortage exists when the City Manager determines in his or her
sole discretion that due to drought or other water supply conditions a water supply
shortage or threatened shortage exists and a consumer demand reduction is necessary
to make more efficient use of water and appropriately
respond to existing water
conditions Upon the declaration by the City Manager of a Level 1 Water Supply
Ordinance No
Page 6 of 11
Shortage condition the City will implement the mandatory Level 1 conservation
measures identified in this Section Following the City Manager s declaration he or she
shall agendize before the City Council an item for the council to affirm the declaration
Code
1 Limits on
Watering Days Watering or irrigating of lawn landscape or other
vegetated area with potable water is limited to three 3 days per week on a
schedule established and posted by the City of Claremont During the months of
November through March watering or irrigating of lawn landscape or other
vegetated area with potable water is limited to no more than one day per week
on a schedule established and posted by the City of Claremont This provision
does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two 2 gallons
of water per hour This provision also does not apply to watering or irrigating by
use of a hand held bucket or similar container a hand held hose equipped with a
positive self closing water shut off nozzle or device or for very short periods of
time for the express purpose of adjusting or repairing an irrigation system
a A Level 2 Water Supply Shortage exists when the City Manager determines in his or
her sole discretion that due to drought or other water supply conditions a water supply
shortage or threatened shortage exists and a consumer demand reduction is necessary
to make more efficient use of water and appropriately respond to existing water
conditions Upon the declaration by the City Manager of a Level 2 Water Supply
Shortage condition the City will implement the mandatory Level 2 conservation
measures identified in this Section Following the City Manager s declaration he or she
agendize before the City Council an item for the council to affirm the declaration
shall
Generally a Level 2 Water Supply Shortage is warranted when a reduction in consumer
demand of 11 to 30 percent is needed to respond to existing water conditions
Ordinance No
7 of 11
Page
identified in Section 8 30 040 and 8 30 050 the following additional water conservation
requirements apply during a declared Level 2 Water Supply Shortage
positive self closing water shut off nozzle or device or for very short periods of
time for the express purpose of adjusting or repairing an irrigation system
within forty eigbt 48 hours of notification by the City of Claremont or the Local
Retail Water Agency unless other arrangements are made with the either the City
or Local Retail Water Agency
lakes orponds is prohibited except to the extent needed to sustain aquatic life
provided that such animals are of significant value and have been actively
managed within the water feature prior to declaration of a supply shortage level
under this ordinance
4 Limits on
Washing Vehicles Using water to wash or clean a vehicle including
but not limited to any automobile truck van bus motorcycle boat or trailer
whether motorized or not is prohibited except by use of a hand held bucket or
similar container a hand held hose equipped with a positive self closing water
shut off nozzle or device by high pressure low volume wash systems or at a
and safety Upon the declaration of a Level 3 Water Supply Shortage condition the City
will implement th mandatory Level 3 conservation measures identified in this Section
Following the City Manager s declaration he or she shall agendize before the City
Ordinance No
Page 8 of 11
repaired within twenty four 24 hours of notification by the City or Local Retail
Water Agency unless other arrangements are made with the City or Local Retail
Water Agency
b Declaration and Notification that a Water Supply Shortage Has Ended The City
Council may declare an end to a water supply shortage situation upon recommendation
Ordinance No
Page 9 of 11
b Written Finding The waiver may begranted or conditionally granted only upon a
written finding of the existence of facts
demonstrating an undue hardship to a person
using water or to property upon which water is used that is disproportionate to the
iii That the authorizing of such waiver will not be of substantial detriment to
adjacent properties and will not materially affect the ability of the City
Council to effectuate the purpose of this chapter and will not be
detrimental to the public interest and
Page 10 of 11
b Penalties Penalties for failure to comply with any provisions of the ordinance are as
follows
1 First Violation The City may issue a written warning and deliver a
copy of this
ordinance by mail to a violator
c
Separate Offenses Each day that violation of this is
a
chapter occurs a separate
offense
SECTION 3 The mayor shall sign this ordinance and the city clerk shall attest and certify
to the passage and adoption of it and within fifteen 15 days publish in the Claremont Courier a
semi weekly newspaper of general circulation printed published and circulated in the City of
Claremont and thirty 30 days thereafter it shall take effect and be in force
ATTEST
APPROVED AS TO FORM
U WATER
CVEIRS CLAREMONT WATER CONSERVATION ORD