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Home My Public Portal About2015.070 (04-21-15)RESOLUTION NO. 2015.070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE PURSUANT TO THE PROVISIONS UNDER ARTICLE 14 -11 OF THE LYNWOOD MUNICIPAL CODE AND ORDERING THE IMPLEMENTATION OF CONSERVATION MEASURES THEREUNDER INCLUDING THE ENFORCEMENT PROVISIONS WHEREAS, on January 17, 2014 Governor Edmund - G. Brown, Jr. issued an Executive .Order declaring a State of Emergency to exist in California due to severe drought conditions; and WHEREAS, on April 25, 2014 Governor Brown 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; and WHEREAS, on July 15, 2014, the State Water Resources Control Board found that an emergency exists due to severe drought conditions and adopted emergency regulations that require water agencies within the State impose conservation measures and water waste prohibitions, including the implementation of water shortage contingency plans that include mandatory restrictions on the number of water days, and the imposition of fines and violations; and WHEREAS, on July 28, 2014, the State of California Office of Administrative Law approved adoption of Article 22.5 Drought Emergency Water Conservation pursuant to Section 1058.5 of the California Water Code requiring water agencies within the State to impose conservation measures and water waste prohibitions, including mandatory restrictions on the number of water days, and the imposition of fines and violations; and WHEREAS, in response to the above actions the Lynwood City Council adopted Ordinance No. 1618 on September 15, 2014 to impose conservation measures and water waste prohibitions, including mandatory restrictions on the.number of water,days, and the imposition of fines and violations; and WHEREAS, on April 1, 2015 Governor Brown issued Executive Order B -29 -15 mandating a 25% water use reduction from 2013 levels in cities and towns across California by actions such as (i) the replacement of 50 million square feet of lawns throughout the State with drought tolerant landscaping in partnership with local governments and (ii) the prohibition of watering of ornamental grass on public street medians and (iii) institution of tiered water rates to implement conservation pricing to achieve water reductions and discourage water waste and (iv) increased enforcement actions; and WHEREAS, on April 14, 2015 the Metropolitan Water District (MWD) supported Governor Brown's announcement for mandatory conservation by voting to restrict wholesale deliveries to its 26 member public agencies to help save water and stretch available supplies in the fourth year of statewide drought. MWD's cutback amounts to a 15% reduction in supplies starting July 1, 2015 and includes surcharges of roughly four times the normal price of an acre foot of water for member agencies that go over their allocation; and WHEREAS, MWD is the supplier of imported potable water to the City of Lynwood water through the Central Basin Municipal Water District; and WHEREAS, the City of Lynwood wishes to meet its obligations under the mandatory actions put in place by the directives described above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Due to drought and other supply reductions, a water supply shortage exists and a consumer demand reduction of 15% is necessary to make more efficient use of water and respond to existing water conditions. The City, in addition to the permanent water conservation requirements below, will implement the following water conservation measures pursuant to the provisions of Ordinance No. 1618: 14 -11.6 Permanent Water Conservation Requirements - Prohibition Against Waste The following water conservation requirements are effective at all times and are permanent. Violations of this subsection will be considered waste and an unreasonable use of water. A. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. Pacific Standard Time on any day, except by use of a handheld bucket or similar container, a handheld hose equipped with a positive self- closing water shutoff nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. B. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering. device that is not continuously attended is limited to no more than fifteen (15) minutes watering per day per station. This subsection 14 -11.6 does not apply to landscape irrigation systems that exclusively use very low flow drip type irrigation systems when no emitter. produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent (70 %) efficiency standard. C. No Excessive Water Flow or Runoff.- Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 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, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a handheld bucket or similar container, a handheld hose equipped with a positive self - closing water shutoff device or a low volume, high pressure cleaning machine equipped to recycle any water used. 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 three (3) days of receiving notice from the city is prohibited. F. Re- circulating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited. - . G. 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 handheld bucket or similar container or a handheld hose equipped with a positive self - closing water shutoff nozzle or device. This subsection 14 -11.6 does not apply to any commercial car washing facility. H. Drinking Water Served Upon Request Only: Eating or drinking establishments, including, but not limited to, a restaurant, hotel, cafe, cafeteria, bar, club or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. I. Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily: Hotels, motels, and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. J. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service. K. No Installation of Non -re- circulating Water Systems in Commercial Car Wash and Laundry Systems: Installation of non -re- circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. L. 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.. 14 -11.8 Level 2 Water Supply Shortage A. A Level 2 Water Supply Shortage exists when the City determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction of up to 15% is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration by the City of a Level 2 Water Supply Shortage condition, the City will implement the mandatory Level 2 conservation measures identified in this subsection. B. Additional Conservation Measures: In addition to the prohibited uses of water identified in subsections 14 -11.6 and 14 -11.7, the following additional water conservation requirements apply during a declared Level 2 Water Supply Shortage. 1. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited, to two days per week on a schedule established and posted by the City. 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. 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. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty -eight (48) hours of notification by the city unless other arrangements are .made with the City. 3. Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling ornamental lakes or ponds 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 commercial car washing facility that utilizes a re- circulating water system to capture or reuse water. 5. Limits on Filling Residential Swimming Pools and Spas: Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. 6. Other Prohibited Uses: The City may implement other prohibitions on water uses as determined by the City, after notice to customers. C. Other Conservation Measures at Level 2. -The City,.,,in its discretion and in accordance with applicable laws, may implement the following conservation measures for a Level 2 Water Supply Shortage in addition to those set forth in Subsection 14 -11.8 (B) above: 1. Water Allocations/ Water Budget: The City may establish a water allocation for property served by the City using a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. The City must provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the City customarily mails the billing statement -for fees or charges for on -going water service. Following the effective date of the water allocation as established by the City, any person that uses water in excess of the allocation will be subject to a penalty in the amount of $2.50 for each billing unit of water in excess of the allocation or an amount established by the Resolution of City Council whichever is. greater. The penalty for excess water usage will be cumulative to any other remedy or penalty that may be imposed for violation of this Ordinance. 2. Water Supply Shortage Rates: During a Level 2 Water Supply Shortage condition, the City may increase water rates, other than Tier 1 Lifeline rates of 15 units per residential household. 3. Mandatory Percentage Use Reductions: During a Level 2 Water Supply Shortage condition, all customers will be required to reduce water consumption by a percentage determined by the City. Section 2. The City Council of the City of Lynwood hereby authorizes the City Manager or his designee to implement all of the notifications and actions required under Ordinance No. 1618 to respond to a Level 2 Water Supply Shortage, as well as put into effect all other provisions including those pertaining to penalties and violations. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 21St day of April, 2015. ATTEST: APPROVED AS TO FORM: f � V/ 4 � David A. Garcia, City Attorney Jo,K6 Luis Solache, Mayor APPROVED AS TO CONTENT: f J. Arnoldo Beltran, City Manager it iam E. Stracker, P.E Interim Director Public Works/ City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21St day of April, 2015. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAWBEAS AND SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: NONE r � WMaria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) CASTRO, HERNANDEZ, I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2015.070 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21St day of April, 2015. Q,Ai44 aria Quinonez, 'ZCifry Clerk