2015/04/28 City Council Ordinance 885ORDINANCE NO. 885
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. On 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, Sections
863, 864 and 865 (hereinafter collectively, "Emergency Regulation "). The Emergency
Regulation became effective as of August 1, 2014.
E. On August 26, 2014, to comply with the Emergency Regulation, the City adopted an
Interim Urgency Ordinance Prohibiting Certain Activities that Waste Water and
Implementing Mandatory Restrictions on Outdoor Irrigation to Promote Water
Conservation and to become Effective Immediately.
F. On March 17, 2015, the State Water Resources Control Board amended and re- adopted
the Emergency Regulation by Resolution No. 2015 -0013.
G. The amended 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;
• The use of potable water in a fountain or other decorative water feature, except where
the water is part of a recirculating system.
• The application of potable water to outdoor landscapes during and within 48 hours
after measurable rainfall;
• The serving of drinking water other than upon request in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars,
or other public places where food or drink are served and /or purchased; and
H. The amended Emergency Regulation requires operators of hotels and motels to provide
guests with the option of choosing not to have towels and linens laundered daily. The
hotel or motel shall prominently display notice of this option in each guestroom using
clear and easily understood language.
1. The amended Emergency Regulation requires that within 45 days of the adoption of the
amended Emergency Regulation each urban water supplier must either: 1) implement all
requirements and actions of the stage of its Water Shortage Contingency Plan that include
mandatory restrictions on number of days that outdoor irrigation of ornamental
landscapes and turf with potable water is allowed; or 2) amend its Water Shortage
Contingency Plan to include a mandatory restriction on outdoor irrigation of ornamental
landscapes and turf to two days per week; or 3) if it has an allocation based rate structure,
request approval from the State Water Resources Control Board of an alternate plan that
achieves a specified level of conservation.
J. The amended Emergency Regulation requires that each urban water supplier provide
prompt notice to a customer whenever the supplier obtains information that indicates that
a leak may exist within the end -users exclusive control.
K. The amended Emergency Regulation requires that urban water supplier 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. The monitoring report shall specify the population served
by the urban water supplier, the percentage of water produced that is used for the
residential sector, descriptive statistics on water conservation compliance and
enforcement efforts, and the number of days that outdoor irrigation is allowed. The
monitoring report shall also estimate the gallons of water per person per day used by the
residential customers it serves.
L. The City of Rohnert Park (City) is an urban water supplier, as that term is defined in
Water Code Section 10617.
M. 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.
N. The City has adopted an allocation based rate structure that satisfies the requirements of
Chapter 3.4 (commencing with Section 370) of Division 1 of the Water Code.
O. By adopting this ordinance, the City will both implement the amended Emergency
Regulation and provide clarity to its customers on prohibitions and restrictions that are in
effect.
P. In light of the declaration of a State of Emergency by the Governor and the obligation to
implement the amended 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 April 28, 2015, at which
time it received and considered testimony from members of the public.
Q. 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 amended 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.
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;
D. The use of potable water in a fountain or other decorative water feature, except where the
water is part of a recirculating system;
E. The application of potable water to outdoor landscapes during and within 48 hours after
measurable rainfall;
F. The serving of drinking water other than upon request in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or
other public places where food or drink are served and /or purchased;
2. To promote water conservation, operators of hotels and motels shall provide guests with
the option of choosing not to have towels and linens laundered daily. The hotel or motel shall
prominently display notice of this option in each guestroom using clear and easily understood
language.
3. In addition, the prohibitions 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 in Sections 1 and 2 above. In the event of a conflict, the
prohibitions described above shall govern.
4. To promote conservation, all potable water customers of the city shall comply with the
following mandatory restrictions:
A. Restrict irrigation with potable water to between the hours of six p.m. and eight a.m. and
for no more than three (3) days per week.
B. Inspect all irrigation systems, repair leaks, and adjust spray heads to provide optimum
coverage and eliminate avoidable over- spray.
C. When irrigation control values are used, vary the sprinkler system run times consistent
with fluctuations in weather.
D. 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.
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.
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 is justified. The
application shall be processed in accordance with the Section 13.66.060 of the Municipal
Code.
7. 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.
8. 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.
9. 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 until December 23, 2015, 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.
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 28t" day of April 2015 by a four -fifths vote of the City Council as
follows:
AYES: Five (5) Cotncilmembers Callinan ,Stafford,Mackenzie,Belforte
NOES: None (0) an Mayor Ahanotu
ABSENT:None (0)
ABSTAIN: None (0)
5
CITY OF ROHNERT PARK
�A-I\
Amy Ahanotu, Mayor
ATTEST:
I A-n,� -)M 'A., �—
nne M. Buergler
City Attorney
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Notice of Public Hearing
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a
newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that
The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by
Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1
thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and
intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the
interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination,
or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said
times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in
type not smaller than non- pareil and was preceded with words printed in black face type no smaller than non - pareil,
describing and expressing in general terms, the purport and character of the notice intended to be given; that the "Notice of
Public hearing, City of Rohnert Park" of which the annexed is a printed copy, was published in said newspaper at least _1_
consecutive time(s), commencing on the 17 day April 2015, and ending on the 17 day of April 2015.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 17 day of April 2015 at Rohnert Park, California
Signed
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CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 885
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a
newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that
The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by
Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1
thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and
intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the
interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination,
or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said
times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in
type not smaller than non - pareil and was preceded with words printed in black face type no smaller than non - pareil,
describing and expressing in general terms, the purport and character of the notice intended to be given; that the " City of
Rohnert Park, Summary of Ordinance No. 885" of which the annexed is a printed copy, was published in said newspaper at
least _1_ consecutive time(s), commencing on the 8 day May 12015, and ending on the 8 day of May 2015.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 8 day of May 2015 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
ss
County of Sonoma )
JoAnne Buergler, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 6th
day of May , 2015, she posted and had published full, true, and correct copies
of
(POST- ADOPTION) SUMMARY OF ORDINANCE NO. 885 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
, in five (5) public places in said City, to:
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Hall Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
www.rpcity.org for website posting
C er
Subscribed and sworrn to before me this �I day of June 2015.
11i1Q �,1,�ofViA
Carrie Willis, Administrative Assistant
AFFIDAVI'- --
�F PASTING
STATE OF CALIFORNIA )
) ss
County of Sonoma )
JoAnne Buergler, under penalty of perjta-
� deposes and says:
That she is, and during all times herein m e ratio
ned was the dul
City Clerk of the City of Rohnert Park, S ®� °rna County, acting and qualified
day of April , 2015, she posted a --� d hEld unty, California; and that on the 14th
Published full true
of p , and correct copies
(PRE- ADOPTION) SUMMARY OF ORD 1 IN 'fl NCE NO
PARK, CALIFORNIA, APPROVING AN I iV — T-ERfM v 885 OF THE CITY OF
COUNCIL OF THE CITY OF ROH N ERT F�ARIt RGENCY ORDINANCE OHNERT
SUPPLIER, PROHIBITING CERTAIN ACS-, vl�-t' CALIFORNIA AS AN E OF THE CITY
IMPLEMENTING MANDATORY RESTR I C-T 1O ES THAT WASTE WATER URBAN WATER
PROMOTE WATER CONSERVATION ,� N ®O B N OUTDOOR I IRRIGATION TO
EFFECTIVE IMMEDIATELY
, in five (5) public places in said City, to:
City Ha 11
130 Avr,---� m► Avenue
Public Safety Main Station
500 City Hall Drive
Rohnert P�err Community Center
5401 Sn Lane
Rohnert i
6250 LyrnE. Conde Conde gional Library
www.rpcity`org for web e posting
sit
YityClerk
Subscribed and sworn to before me this` day of June
O 'h �i�t� � pA U&il ' 2015.
Carrie Willis. Administrative Assistant