HomeMy WebLinkAbout2014/08/26 City Council Ordinance 880ORDINANCE NO. 880
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, AS AN URBAN WATER SUPPLIER, PROHIBITING
CERTAIN ACTIVITIES THAT WASTE WATER AND IMPLEMENTING
MANDATORY RESTRICTIONS ON OUTDOOR IRRIGATION TO PROMOTE
WATER CONSERVATION, TO BECOME EFFECTIVE IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth
in Government Code Section 36937(b) and pursuant to other applicable law.
SECTION 2. Findings.
A. On January 17, 2014 Governor Brown issued Governor's Proclamation No. 1 -17 -2014
declaring a State of Emergency to exist in California due to severe drought conditions.
B. February 11, 2014, and in support of the Governor's Proclamation, the City adopted its
Resolution Number 2014 -12 calling for a voluntary 20% reduction in water use.
C. On April 25, 2014, Governor Brown issued an executive order to strengthen the state's
ability to manage water and habitat effectively in a drought.
D. On July 15, 2014, the State Water Resources Control Board approved its Resolution No.
2014 -0032 To Adopt an Emergency Regulation for Statewide Water Conservation and
this emergency regulation includes new California Code of Regulations Title 23, Section
863, 864 and 865 (hereinafter "Emergency Regulation "). These Regulations became
effective as of August 1, 2014.
E. The Emergency Regulation prohibits each of the following actions, 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:
• 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
walkways, roadways, parking lots, or structures;
• 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;
• The application of potable water to driveways and sidewalks; and
• 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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F. The Emergency Regulation requires that each urban water supplier within 30 days to
either implement all requirements and actions of the stage of their Water Shortage
Contingency Plan that impose mandatory restrictions on outdoor irrigation of ornamental
landscapes or turf with potable water or request approval from the State Water Resources
Control Board of an alternate plan that achieves a specified level of conservation.
G. The Emergency Regulation requires that urban water supplier shall prepare and submit to
the State Water Resources Control Board by the 15th of each month a monitoring report
on forms provided by the Board that includes the amount of potable water the urban
water supplier produced, including water provided by a wholesaler, in the preceding
calendar month and shall compare that amount to the amount produced in the same
calendar month in 2013. Beginning October 15, 2014, the monitoring report shall also
estimate the gallons of water per person per day used by the residential customers it
serves.
H. The Emergency Regulation is in effect for 270 days, beginning on or about August 1,
2014, and may be extended by the State Water Resources Control Board.
I. The City of Rohnert Park (City) is an urban water supplier, as that term is defined in
Water Code Section 10617.
J. The City's Water Waste Regulations (Municipal Code Section 13.62) and Water
Shortage Emergency Plan (Municipal Code Section 13.66) contain prohibitions and
mandatory restrictions to reduce water waste and control outdoor water use.
K. By adopting this ordinance, the City will both implement the Emergency Regulation and
provide clarity to its customers on prohibitions and restrictions that are in effect.
L. In light of the declaration of a State of Emergency by the Governor and the obligation to
implement the Emergency Regulations in a short timeframe, the City considered the
adoption of this interim urgency ordinance in accordance with Government Code § 36937
at a duly noticed public meeting on August 26, 2014, at which time it received and
considered testimony from members of the public.
M. Pursuant to Article XI, Section 7 of the California Constitution, the City may make and
enforce all regulations and ordinances using its police powers.
SECTION 3. IMPOSITION OF INTERM URGENCY ORDINANCE.
In accordance with the authority granted the City under Government Code section 36937( b), and
pursuant to the findings stated herein, the City Council: (1) hereby finds that there exists a
current and immediate threat to the public health, safety, and welfare requiring immediate
implementation of the Emergency Regulations to promote water conservation during the
drought, (2) further finds that this ordinance is necessary for the immediate preservation of the
public peace, health, and safety, and (3) hereby declares and imposes the prohibitions on wasting
water and restrictions on water use as set forth below.
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The City Council of the City of Rohnert Park hereby ordains as follows:
1. To promote water conservation, each of the following actions shall be 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:
A. 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
walkways, roadways, parking lots, or structures;
B. 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;
C. The application of potable water to driveways and sidewalks; and
D. The use of potable water in a fountain or other decorative water feature, except where the
water is part of a recirculating system.
In addition, the prohibition against nonessential uses of water outlined in Chapter 13.62.030 of
the Municipal Code remain in effect, except to the extent that those provisions conflict with the
prohibitions described above. In the event of a conflict, the prohibitions described above shall
govern.
2. To promote conservation, all potable water customers of the city shall comply with the
following mandatory restrictions:
A. Restrict residential irrigation use to between the hours of six p.m. and eight a.m.
B. Restrict potable water use through a dedicated irrigation meter to the hours of six p.m.
and eight a.m. and to an amount no greater than eighty percent (80 %) of historical net
evapotranspiration -based demand for the square footage of the irrigated area.
C. Inspect all irrigation systems, repair leaks, and adjust spray heads to provide optimum
coverage and eliminate avoidable over - spray.
D. When irrigation control values are used, vary the sprinkler system run times consistent
with fluctuations in weather.
E. Reduce minutes of run -time for each irrigation cycle if water begins to run -off to gutters
and ditches before the irrigation cycle is completed.
3. To promote conservation, all potable water customers of the city are requested to
undertake the following voluntary activities:
A. Utilize water conservation incentive, rebate and giveaway programs to replace plumbing
fixtures and appliances with more water efficient models.
B. Utilize city information regarding water efficient landscapes.
4. Any customer of the city may make written application for an exception to this
Ordinance. Said application shall describe in detail why applicant believes an exception
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is justified. The application shall be processed in accordance with the Section 13.66.060
of the Municipal Code.
5. The violation of each provision of this Ordinance, and each separate violation thereof,
shall be deemed a separate offense, and shall be enforced as an infraction in accordance with
Chapter 1.24 of the Municipal Code. When undertaking enforcement, the city may take any or all
of the actions necessary and proper to ensure compliance, including but not limited to imposing
any or all of the fees and charges described in Section 13.66.070 of the Municipal Code. When
undertaking enforcement, the city shall comply with the notice and hearing process described in
Section 13.66.080 of the Municipal Code.
6. As a remedy, the violation of any provision of this Ordinance by any person who has
received more than one written warning to refrain from the same or any other violation under this
Ordinance, in one calendar year, shall be deemed and is declared to be a public nuisance and
may be subject to abatement in accordance with Chapter 1.24 of the Municipal Code.
7. As an additional remedy and in accordance with the Emergency Regulation, the taking of
any prohibited action, in addition to any other applicable civil or criminal penalties, is an
infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the
violation occurs.
SECTION 9. Environmental Review.
The City Council finds that this ordinance is not subject to the California Environmental Quality
Act (CEQA) pursuant to the statutory exemption set forth in Section 15269(c) (specific actions
necessary to prevent or mitigate an emergency) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because this ordinance is a direct response to the State's
Emergency Regulation, and pursuant to the categorical exemption set forth in Section 15307
(actions by regulatory agencies for protection of natural resources) because the State Water
Resources Control Board has mandated that Rohnert Park, as an urban water supplier, protect
and conserve the natural resource of water during the severe drought.
SECTION 10. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 11. Effective Date and Duration. This ordinance is an urgency ordinance
enacted under California Government Code sections 36934 and 36937(b). This urgency
ordinance is effective upon adoption by a four -fifths (4/5) vote of the City Council. This
Ordinance shall remain in full force and effect for a period of two hundred and seventy (270)
days from the date of adoption, at which time it will automatically expire, unless it is earlier
repealed by the enactment of a new regulatory scheme or extended by the City Council in
accordance with applicable law.
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SECTION 12. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced and duly adopted by the City Council of the City of Rohnert Park
at the regular meeting held this 26th day of August, 2014 by vote of the City Council as follows:
AYES: Five (5)
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
Council Member Belforte, Mackenzie, Stafford, Ahanotu and
Mayor Callinan
Joseph _ ► Callinan, Mayor
ATTEST:
nne M. Buergler
Ciy Clerk
A PROVFD A TO FORM:
c°elle M. Kenyon
City Attorney
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Exhibit "A"
MEMORANDUM
To: Chris DeGabriele Technical Advisory Committee Chair May 1, 2014
From: Carrie Pollard, PrincpaI Program Specialist, Water Agency
Subject: UPDATED 2013 Galion per Capita per Day (GPCD)
On May 18, 2011 DWR was notified that a regional alliance has been formed between and
among the cities of Santa Rosa, Rohnert Park, Sonoma, Cotati, Petaluma, Town of Windsor and North
Marin, Marin Municipal and Valley of the Moon Water Districts to comply with SBx7-7, the Water
Conservation Act of 2009. The regional alliance was formed pursuant to the Department of Water
Resources Methodologies for Calculating Baseline and Compliance Urban Per Capita Water Use because
the parties receive water from a common water wholesale supplier, the Sonoma County Water Agency,
The Sonoma-Marin Saving Water Partnership established a regionaf commitment to work
collaboratively on the implementation of appropriate water use efficiency programs. The Partriership is
the rnechanism used for tracking each water contractor's individual progress towards SBx7-7 compliance
and to track the regional status on an annual basis.
The graph and table below show the reported 2013 GPCD, the 2015 Target and the 2020 Target
for each water contractor and the region as whole.
200
180
160
140
120
178
80
144 143
60
122
123
40
20
Cotati MMWD NMWD Petaluma Rohnert Santa Sonoma VOMWD Windsor Regional
Rosa Alliance
2013 mpc»
NM
122
131
144
143
111
115
178
127
123
128
zoz5 Target
134
l .
~'
161
-
153
140
136
194
136
143
142
z»zo Target
130
124
143
136
119
127
172
124
130
129
Exhibit "B"
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2014 -0038
TO ADOPT AN EMERGENCY REGULATION
FOR STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
1. On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order to
strengthen the state's ability to manage water and habitat effectively in drought
conditions and called on all Californians to redouble their efforts to conserve water. The
executive order finds that the continuous severe drought conditions present urgent
challenges across the state including water shortages in communities and for agricultural
production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater
contamination, and additional water scarcity if drought conditions continue into 2015.
The National Integrated Drought Information System reported that nearly 80% of the
state was reported to be under "extreme" drought conditions at the end of June;
2. The executive order refers to the Governor's Proclamation No. 1 -17 -2014, issued on
January 17, 2014, declaring a State of Emergency to exist in California due to severe
drought conditions. The January Proclamation notes that the state is experiencing
record dry conditions, with 2014 projected to become the driest year on record. Since
January, state water officials indicate that reservoirs, rainfall totals and the snowpack
remain critically low. This follows two other dry or below average years, leaving
reservoir storage at alarmingly low levels. The January Proclamation highlights the
State's dry conditions, lack of precipitation and the resulting effects on drinking water
supplies, the cultivation of crops, and the survival of animals and plants that rely on
California's rivers and streams. The January Proclamation also calls on all Californians
to reduce their water usage by 20 percent;
3. There is no guarantee that winter precipitation will alleviate the drought conditions that
the executive orders address, which will lead to even more severe impacts across the
state if the drought wears on;
4. Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: "prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of diversion,
of water, to promote water recycling or water conservation, to require curtailment of
diversions when water is not available under the diverter's priority of right, or in
furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports ";
5. Over 400,000 acres of farmland are expected to be fallowed, thousands of people may
be out of work, communities risk running out of drinking water, and fish and wildlife will
suffer.
6. Many Californians have taken bold steps over the years and in this year to reduce water
use; nevertheless, the dire nature of the current drought requires additional conservation
actions from residents and businesses. Some severely affected communities have
implemented water rationing, limiting water use in some cases to only 50 gallons per
person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering.
7. Water conservation is the easiest, most efficient and most cost effective way to quickly
reduce water demand and extend supplies into the next year, providing flexibility for all
California communities. Water saved this summer is water available next year, giving
water suppliers the flexibility to manage their systems efficiently. The more water that is
conserved now, the less likely it is that a community will experience such dire
circumstances that water rationing is required ;
8. Most Californians use more water outdoors than indoors. In many areas, 50 percent
or more of daily water use is for lawns and outdoor landscaping. Outdoor water use
is generally discretionary, and many irrigated landscapes would not suffer greatly from
receiving a decreased amount of water;
9. Public information and awareness is critical to achieving conservation goals and the
Save Our Water campaign, run jointly by the Department of Water Resources (DWR)
and the Association of California Water Agencies, is an excellent resource for
conservation information and messaging that is integral to effective drought response
(http: / /saveourwater.com).
10. Enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated;
11. The emergency regulations set a minimum standard requiring only modest lifestyle
changes across the state. Many communities are already doing more and have been for
years. They should be commended, but can and should do more. Others are not yet
doing so and should at least do this, but should do much more given the severity of the
drought;
12. On July 8, 2014, the State Water Board issued public notice that the State Water Board
would consider the adoption of the regulation at the Board's regularly - scheduled
July 15, 2014 public meeting, in accordance with applicable State laws and regulations.
The State Water Board also distributed for public review and comment a Finding of
Emergency that complies with State laws and regulations;
13. On April 25, 2014, the Governor suspended the California Environmental Quality Act's
application to the State Water Board's adoption of emergency regulations pursuant to
Water Code section 1058.5 to prevent the waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion of water, to promote water recycling
or water conservation;
14. As discussed above, the State Water Board is adopting the emergency regulation
because of emergency drought conditions, the need for prompt action, and current
limitations in the existing enforcement process;
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15. Disadvantaged communities may require assistance in increasing water conservation
and state agencies should look for opportunities to provide assistance in promoting
water conservation;
16. Nothing in the regulations or in the enforcement provisions of the regulations, preclude a
local agency from exercising its authority to adopt more stringent conservation
measures. Moreover, the Water Code does not impose a mandatory penalty for
violations of the regulations adopted by this resolution and local agencies retain their
enforcement discretion in enforcing the regulations, to the extent authorized, and may
develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, sections 863,
864, and 865, as appended to this resolution as an emergency regulation;
2. The State Water Board staff will submit the regulation to the Office of Administrative Law
(OAL) for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL
determines that minor corrections to the language of the regulation or supporting
documentation are needed for clarity or consistency, the State Water Board Executive
Director or designee may make such changes;
4. These regulations shall remain in effect for 270 days after filing with the Secretary of
State unless the State Water Board determines that it is no longer necessary due to
changed conditions, or unless the State Water Board renews the regulations due to
continued drought conditions as described in Water Code section 1058.5;
The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulations and their effect;
6. Directs State Water Board staff to condition funding upon compliance with the
emergency regulations, to the extent feasible;
7. Directs State Water Board staff to work with the Department of Water Resources and the
Save Our Water campaign to disseminate information regarding the emergency
regulations; and
8. Directs State Water Board staff in developing an electronic reporting portal to include
data fields so that local agencies may provide monthly reporting data on (i) conservation -
related implementation measures or enforcement actions taken by the local agency and
(ii) substitution during the drought of potable water with recycled water to extend water
supplies.
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THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board commends water suppliers that have increased conservation
messaging and adopted innovative strategies to enhance customer awareness of water
use, such as applications that let customers compare their water use to water use by
others; reduce system losses, such as fixing system leaks which can deplete supplies by
10 percent or more; and establish incentives to reduce demand, such as tiered or
drought rate structures. The State Water Board also commends all Californians that
have already been working to maximize their conservation efforts, both at home and at
work;
10. The State Water Board calls upon water suppliers to take the following actions:
Educate customers and employees
• Retail water suppliers should provide notice of the regulations in English and
Spanish in one or more of the following ways: newspaper advertisements, bill inserts,
website homepage, social media, notices in public libraries;
• Wholesale suppliers should include reference to the regulations in their customer
communications;
• All water suppliers should train personnel on the regulations;
• All water suppliers should provide signage where recycled or reclaimed water is
being used for activities that the emergency regulations prohibit with the use of
potable water, such as operation of fountains and other water features;
• All water suppliers should redouble their efforts to disseminate information regarding
opportunities and incentives to upgrade indoor fixtures and appliances;
• All water suppliers should use education and the tools available through the Save
Our Water website (http: / /saveourwater.com); and
• All water suppliers should educate and prepare their boards and councils on the
drought response actions contained in the emergency regulations and in this
resolution, and to make sure that drought response items are placed on agendas as
early as possible;
Increasing local supplies
• All water suppliers should accelerate the completion of projects that will conserve
potable water by making use of non - potable supplies, such as recycled water,
"greywater," and stormwater collection projects;
• All water suppliers should improve their leak reporting and response programs and
request that police and fire departments and other local government personnel report
Teaks and water waste that they encounter during their routine duties /patrols;
• Smaller water suppliers — those with fewer than 3,000 service connections — should
take proactive steps to secure their communities' water supplies and educate their
customers about water conservation and the status of their supply reserves;
• All water suppliers should conduct water loss audits and make leak detection and
repair a top priority for the duration of the drought; and
• All urban water suppliers should evaluate their rate structures and begin to
implement needed changes as part of planning for another dry year. Information and
assistance on setting and implementing drought rates is available from the Alliance
for Water Efficiency. ( http:// www. allianceforwaterefficiencv .orq /).
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11. The State Water Board calls on all Californians to take the following additional actions:
• Further reduce water demand, whether by using less water in daily routines indoors
and out, retrofitting appliances and installing greywater and rainwater catchment
systems; and
• Check residential and business water bills to see if there are high charges that may
indicate a leak and to fix the leak, if they are able, or contact their local water utility if
they need assistance.
12. The State Water Board encourages its staff, the Department of Water Resources, the
Public Utilities Commission, urban water suppliers, and other local agencies to look for
opportunities to encourage and promote new technologies that reduce water usage,
including through timely access to water usage information and behavioral response.
13. The State Water Board encourages all state and local agencies to look for additional
opportunities to minimize potable water use in outdoor spaces.
14. The State Water Board encourages investor -owned utilities to expeditiously submit
applications for implementation of the regulations to the California Public Utilities
Commission.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and
correct copy of a resolution duly and regularly adopted at a meeting of the State Water
Resources Control Board held on July 15, 2014.
AYE: Chair Felicia Marcus
Vice Chair Frances Spivy -Weber
Board Member Steven Moore
Board Member Dorene D'Adamo
NAY: None
ABSENT: Board Member Tam M. Doduc
ABSTAIN: None
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Jeani 'e Townsend
Clerk 'o the Board
PROPOSED TEXT OF EMERGENCY REGULATIONS
Article 22.5. Drought Emergency Water Conservation
Sec. 863 Findings of Drought Emergency
(a) The State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of
emergency under the California Emergency Services Act based on drought conditions;
(2) 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;
(3) The drought conditions that formed the basis of the Governor's emergency
proclamations continue to exist;
(4) The present year is critically dry and has been immediately preceded by two or
more consecutive below normal, dry, or critically dry years; and
(5) The drought conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suppliers will likely be necessary to further promote conservation.
Authority: Wat. Code, § 1058.5.
References: Wat. Code, §§ 102, 104, 105.
Sec. 864 Prohibited Activities in Promotion of Water Conservation
(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 tern or condition in a permit issued by a state or federal agency:
(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 walkways, 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; and
(4) The use of potable water in a fountain or other decorative water feature,
except where the water is part of a recirculating system.
(b) The taking of any action prohibited in subdivision (a) of this section, in
addition to any other applicable civil or criminal penalties, is an infraction, punishable by
a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
Authority: Wat. Code, § 1058.5.
References: Wat. Code, §§ 102, 104, 105.
PROPOSED TEXT OF EMERGENCY REGULATIONS
Sec. 865 Mandatory Actions by Water Suppliers
(a) The term "urban water supplier," when used in this section, refers to a supplier
that meets the definition set forth in Water Code section 10617, except it does not refer to
suppliers when they are functioning solely in a wholesale capacity, but does apply to
suppliers when they are functioning in a retail capacity.
(b)(1) To promote water conservation, each urban water supplier shall implement
all requirements and actions of the stage of its water shortage contingency plan that
imposes mandatory restrictions on outdoor irrigation of ornamental landscapes or turf
with potable water.
(2) As an alternative to subdivision (b)(1), an urban water supplier may submit a
request to the Executive Director for approval of an alternate plan that includes
allocation -based rate structures that satisfies the requirements of chapter 3.4
(commencing with section 370) of division 1 of the Water Code, and the Executive
Director may approve such an alternate plan upon determining that the rate structure, in
conjunction with other measures, achieves a level of conservation that would be superior
to that achieved by implementing limitations on outdoor irrigation of ornamental
landscapes or turf with potable water by the persons it serves to no more than two days
per week.
(c) To promote water conservation, each urban water supplier that does not have a
water shortage contingency plan or has been notified by the Department of Water
Resources that its water shortage contingency plan does not meet the requirements of
Water Code section 10632 shall, within thirty (30) days, limit outdoor irrigation of
ornamental landscapes or turf with potable water by the persons it serves to no more than
two days per week or shall implement another mandatory conservation measure or
measures intended to achieve a comparable reduction in water consumption by the
persons it serves relative to the amount consumed in 2013.
(d) In furtherance of the promotion of water conservation each urban water
supplier shall prepare and submit to the State Water Resources Control Board by the 15th
of each month a monitoring report on forms provided by the Board. The monitoring
report shall include the amount of potable water the urban water supplier produced,
including water provided by a wholesaler, in the preceding calendar month and shall
compare that amount to the amount produced in the same calendar month in 2013.
Beginning October 15, 2014, the monitoring report shall also estimate the gallons of
water per person per day used by the residential customers it serves. In its initial
monitoring report, each urban water supplier shall state the number of persons it serves.
(e) To promote water conservation, each distributor of a public water supply, as
defined in Water Code section 350, that is not an urban water supplier shall, within thirty
(30) days, take one or more of the following actions:
(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water
by the persons it serves to no more than two days per week; or
(2) Implement another mandatory conservation measure or measures intended to
achieve a comparable reduction in water consumption by the persons it serves relative to
the amount consumed in 2013.
Authority: Wat. Code, § 1058.5.
References: Wat. Code, §§ 102, 104, 105; 350; 10617; 10632.
ORDINANCE SUMMARY
SUMMARY OF ORDINANCE NO. 880 OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, AS AN URBAN WATER
SUPPLIER, PROHIBITING CERTAIN ACTIVITIES THAT WASTE WATER AND
IMPLEMENTING MANDATORY RESTRICTIONS ON OUTDOOR IRRIGATION TO
PROMOTE WATER CONSERVATION AND TO BECOME EFFECTIVE IMMEDIATELY
Pursuant to Government Code Section 36933(c), the following constitutes a summary of
Ordinance No. 880 scheduled for consideration and adoption by the Rohnert Park City Council
on August 26, 2014, at its meeting to be held in the City Council Chambers, 130 Avram
Avenue., Rohnert Park, California.
The purpose of Ordinance No. 880 is to comply with the State Water Resources Control Board's
Emergency Regulation for Statewide Water Conservation. The Ordinance regulates water use by:
• Imposing the prohibitions included in the state's emergency regulation including:
o washing hardscapes
o washing cars without a shutoff nozzle
o irrigation runoff
o decorative water features
• Restricting outdoor water use in accordance with the state's emergency regulation by:
o Restricting residential irrigation use to between the hours of six pm and eight am
(6 pm and 8 am)
o Restricting potable water use through a dedicated irrigation meter to the hours of
six p.m. and eight a.m. (6 pm and 8 am) and to an amount no greater than eighty
percent (80 %) of historical net evapotranspiration -based demand for the square
footage of the irrigated area
o Requiring inspections of all irrigation systems, repairing of leaks, and adjustment
of spray heads to provide optimum coverage and eliminate avoidable over -spray
o Requiring that when irrigation control values are used, sprinkler system run times
vary consistent with fluctuations in weather
o Requiring reduced run -time for each irrigation cycle if water begins to run -off to
gutters and ditches before the irrigation cycle is completed
• Encouraging voluntary efforts to:
o Limit irrigation use to no more than two days per week
o Utilize water conservation incentive, rebate and giveaway programs to replace
plumbing fixtures and appliances with more water efficient models
o Utilize city information regarding water efficient landscapes
The Interim Urgency Ordinance will utilize the enforcement procedures outlined in Municipal
Code Section 13.66 including: personal contact with the customer; written notice to the customer
and options to install water restricting device or terminate service after notice and hearing. The
Interim Urgency Ordinance provides the City Council with the ability to set a water waste fee by
resolution. No fee is proposed at this time.
A certified copy of the full text of the Ordinance is posted and available for review in the City
Clerk's Office at 130 Avram Avenue, Rohnert Park, California.
This ordinance shall be in full force and effective immediately upon its adoption, and shall be
published and posted as required by law.
Dated: August 13, 2014 JoAnne M. Buergler
Published: August 15, 2014 City Clerk