City of Culver City, California
Agenda Item Report
Meeting Date: _11/09/09_ Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Amending Chapter 5.03,
Water Conservation, of the Culver City Municipal Code
Contact Person/Dept.: Helen
Kerstein/PW
Phone Number: (310) 253-5618
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (11/04/09)
Department Approval:
Charles D. Herbertson (10/30/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/03/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/04/09)
City Manager Approval:
Mark Scott (11/04/09)
RECOMMENDATION:
Staff recommends that the City Council adopt an Ordinance amending Chapter 5.03,
Water Conservation, of the Culver City Municipal Code.
BACKGROUND/DISCUSSION:
At the City Council meeting of October 12, 2009, the City Council introduced the
Ordinance by a unanimous vote (5-0). The Ordinance is brought back for adoption.
FISCAL ANALYSIS:
Staff does not anticipate that the Ordinance will require significant additional
expenditures. However, it could lead to somewhat lower tax revenues. Sewer
charges are based on water use and the Utility Users Tax is applied to water bills.
To the extent that this Ordinance leads to lower water consumption, it will lead to
commensurate drops in these revenue sources, assuming no changes in sewer
charge or water rates. The amount of these changes is difficult to estimate at this
time.
ATTACHMENTS:
1. Ordinance
City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Adopt an Ordinance Amending Chapter 5.03, Water Conservation, of the Culver City
Municipal Code.
MEETING DATE: 11/09/09
AGENDA ITEM: Adoption of an Ordinance Amending Chapter 5.03,
Water Conservation, of the Culver City Municipal
Code.
ATTACHMENTS
Pages|109| Ordinance 1-15ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING CHAPTER 5.03 OF THE
CULVER CITY MUNICIPAL CODE ESTABLISHING A
WATER CONSERVATION AND WATER SUPPLY
SHORTAGE PROGRAM AND REGULATIONS.
SECTION 1: Chapter 5.03 of the City of Culver City Municipal Code is
hereby amended to read as follows:
Section 5.03.005. Title.
This chapter will be known as the Culver City Water Conservation and Water
Supply Shortage Program.
Section 5.03.010 Findings.
a. A reliable minimum supply of potable water is essential to the public
health, safety and welfare of the people and economy of the southern California region.
b. Southern California is a semi-arid region and 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.
c. 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.
d. Article X, Section 2 of the California Constitution declares that the
general welfare requires that water resources be put to beneficial use, waste or
unreasonable use or unreasonable method of use of water be prevented, and conservation
of water be fully exercised with a view to the reasonable and beneficial use thereof.
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28e. Article Xl, Section 7 of the California Constitution declares that a city
or county may make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general laws.
f. The adoption and enforcement of a water conservation and supply
shortage program is necessary to manage the City's potable water supply in the short and
long-term and to avoid or minimize the effects of drought and shortage within the City.
Such program is essential to ensure a reliable and sustainable minimum supply of water
for the public health, safety and welfare.
Section 5.03.015. Declaration of Purpose and Intent.
a. The purpose of this chapter is to establish a water conservation and
supply shortage program that will reduce water consumption within the City through
conservation, enable effective water supply planning, assure reasonable and beneficial
use of water, prevent waste of water, and maximize the efficient use of water within the
City to avoid and minimize the effect and hardship of water shortage to the greatest
extent possible.
b. This chapter establishes permanent water conservation standards
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.
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28Section 5.03.020. Definitions.
a. The following words and phrases whenever used in this chapter have
the meaning defined in this section:
1. "City" means the City of Culver City, California.
2. "Person" means any natural person or persons, corporation,
public or private entity, governmental agency or institution, including
all agencies and departments of the City, or any other user of water
provided by the Golden State Water Company and/or the Los
Angeles Department of Water and Power.
3. "Landscape irrigation system" means an irrigation system
with pipes, hoses, spray heads, or sprinkling devices that are
operated by hand or through an automated system.
4. "Large landscape areas" means a lawn, landscape, or other
vegetated area, or combination thereof, equal to more than one (1)
acre of irrigable land.
5. "Single pass cooling systems" means equipment where
water is circulated only once to cool equipment before being
disposed.
6. "Potable water" means water which is suitable for drinking.
7. "Recycled water" means the reclamation and reuse of non-
potable water for beneficial use as defined in Title 22 of the
California Code of Regulations.
Section 5.03.025. Application.
a. The provisions of this chapter apply to any person within the
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28geographical boundaries of the City in the use of any potable water provided by the
Golden State Water Company and/or the Los Angeles Department of Water and Power.
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.
c. The provisions of this chapter do not apply to the use of recycled
water.
d. The provisions of this chapter do not apply to the use of water by
commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or
other vegetation intended for commercial sale.
e. This chapter is intended solely to further the conservation of
water. It is not intended to implement any provision of federal, State, or local statutes,
ordinances, or regulations relating to protection of water quality or control of drainage or
runoff.
Section 5.03.030. Permanent Water Conservation Requirements —
Prohibition Against Waste.
The following water conservation requirements are effective at all times and are
permanent. Violations of this section 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
9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day, 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, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
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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 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 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 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 seven (7)
days of receiving notice from the City is prohibited.
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f. Re-circulating Water Required for Decorative Water Fountains
and Decorative Water Features: Operating a decorative water fountain or other
decorative water feature that does not use re-circulated water is prohibited.
9.
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 or 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.
h. Drinking Water Served Upon Request Only: Eating or drinking
establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, 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.
Commercial Lodging Establishments Must Provide Guests
Option to Decline Daily Linen Services: 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 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.
I. Restaurants Required to Use Water Conserving Dish Wash
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Spray Valves: Food preparation establishments, such as restaurants or cafes, are
prohibited from using non-water conserving dish wash spray valves.
m. Commercial Car Wash Systems: Effective on January 1, 2012, all
commercial conveyor car wash systems must have installed operational re-circulating
water systems, or must have secured a waiver of this requirement from the City.
Section 5.03.035. Level 1 Water Supply Shortage.
a. A Level 1 Water Supply Shortage exists when the City determines,
in its 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 of a Level 1 Water Supply Shortage
condition, the City will implement the mandatory Level 1 conservation measures
identified in this section.
b. Additional Water Conservation Measures: In addition to the
prohibited uses of water identified in § 5.03.030, the following water conservation
requirements apply during a declared Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn,
landscape or other vegetated area with potable water is limited to
three days per week on a schedule which may be established and
posted by the City at the discretion of the Director of Public Works.
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
which may be established and posted by the City at the discretion of
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27the Director of Public Works. 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 seventy-two (72) hours
of notification by the City unless other arrangements are made with
the City.
Section 5.03.040. 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 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 of a Level 2 Water Supply Shortage
condition, the City will implement the mandatory Level 2 conservation measures
identified in this section.
b. Additional Conservation Measures: In addition to the prohibited
uses of water identified in § 5.03.030 and § 5.03.035, the following additional water
conservation requirements apply during a declared Level 2 Water Supply Shortage:
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281. 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 which may be established and posted by the
City at the discretion of the Director of Public Works_ 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 which may be
established and posted by the City at the discretion of the Director of
Public Works. 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
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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 & Spas: Re-
filling of more than one foot and initial filling of residential swimming
pools or outdoor spas with potable water is prohibited.
Section 5.03.045. Level 3 Water Supply Shortage —
Emergency Condition.
a. A Level 3 Water Supply Shortage condition is also referred to as an
"Emergency" condition. A Level 3 condition exists when the City declares a water
shortage emergency and notifies its residents and businesses that a significant reduction
in consumer demand is necessary to maintain sufficient water supplies for public health
and safety. Upon the declaration of a Level 3 Water Supply Shortage condition, the City
will implement the mandatory Level 3 conservation measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited
uses of water identified in § 5.03.030, § 5.03.035, and § 5.03.040, the following water
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28conservation requirements apply during a declared Level 3 Water Supply Shortage
Emergency:
1. No Watering or Irrigating: Watering or irrigating of lawn,
landscape or other vegetated area with potable water is prohibited.
This restriction does not apply to the following categories of use,
unless the City has determined that recycled water is available and
may be applied to the use:
i. Maintenance of vegetation, including trees and shrubs,
that are watered using a hand-held bucket or similar container,
hand-held hose equipped with a positive self—closing water
shut-off nozzle or device;
Maintenance of existing landscape necessary for fire
protection;
Maintenance of existing landscape for soil erosion
control;
iv. Maintenance of plant materials identified to be rare or
essential to the well-being of protected species;
v. Maintenance of landscape within active public parks
and playing fields, day care centers, golf course greens, and
school grounds, provided that such irrigation does not exceed
two (2) days per week according to the time restrictions in §
5.03.030 (a) and (b);
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282. 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 twenty four (24) hours of
notification by the City unless other arrangements are made with the
City.
Section 5.03.050. Procedures for Determination/Notification
of Water Supply Shortage
a. Declaration and Notification of Water Supply Shortage: The
existence of Level 1, Level 2 or Level 3 Water Supply Shortage conditions may be
declared by resolution of the City adopted at a regular or special public meeting held in
accordance with State law. The mandatory conservation requirements applicable to
Level 1, Level 2 or Level 3 conditions will take effect on the tenth day after the date the
shortage level is declared. Within five (5) days following the declaration of the shortage
level, the City must publish a copy of the resolution in a newspaper used for publication
of official notices.
Section 5.03.055. Hardship Waiver
a. Undue and Disproportionate Hardship: If, due to unique
circumstances, a specific requirement of this chapter would result in undue hardship to a
person using water or to property upon which water is used, that is disproportionate to the
impacts to water users generally or to similar property or classes of water users, then the
person may apply for a waiver to the requirements as provided in this section.
b. Written Finding: The waiver may be granted 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
2.
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28disproportionate to the impacts to water users generally or to similar property or classes
of water use due to specific and unique circumstances of the user or the user's property.|109| Application: Application for a waiver must be on a form
prescribed by the City and accompanied by a non-refundable
processing fee in an amount set by resolution of the City Council of
the City.
2. Supporting Documentation: The application must be
accompanied by photographs, maps, drawings, and other
information, including a written statement of the applicant.
3. Required Findings for Waiver: An application for a waiver
will be denied unless the City Manager or his or her designee finds,
based on the information provided in the application, supporting
documents, or such additional information as may be requested, and
on water use information for the property as shown by the records of
the City or its Agent, all of the following:
i. That the waiver does not constitute a grant of special
privilege inconsistent with the limitations upon other residents
and businesses;
That because of special circumstances applicable to
the property or its use, the strict application of this chapter
would have a disproportionate impact on the property or use
that exceeds the impacts to residents and businesses
generally;
iii. That the authorizing of such waiver will not be of
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L'T
substantial detriment to adjacent properties, and will not
materially affect the ability of the City to effectuate the
purpose of this chapter and will not be detrimental to the
public interest; and
iv. That the condition or situation of the subject property or
the intended use of the property for which the waiver is sought
is not common, recurrent or general in nature.
4. Approval Authority: The City Manager or his or her designee
must act upon any completed application no later than ten (10) days
after submittal and may approve, conditionally approve, or deny the
waiver. The applicant requesting the waiver must be promptly
notified in writing of any action taken. Unless specified otherwise at
the time a waiver is approved, the waiver will apply to the subject
property during the period of the mandatory water supply shortage
condition. The decision of the City Manager or his or her designee
will be final.
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Section 5.03.060. Penalties and Violations
Any violation of this chapter may be prosecuted pursuant to and in
accordance with Section 1.02 of the Culver City Municipal Code.
Section 5.03.065. Severability.
If any section, subsection, sentence, clause or phrase in this chapter is for
any reason held invalid, the validity of the remainder of the chapter will not be affected.
The City Council of the City hereby declares it would have passed this chapter and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one
or more sections, subsections, sentences, clauses, or phrases is declared invalid.
SECTION 2. This Ordinance shall take effect thirty (30) days from the
date of its adoption and, as required by Section 619 of the City Charter, prior to the
expiration of fifteen (15) days from the adoption hereof the City Clerk shall cause this
Ordinance to be published in The Culver City News. Additionally, the City Clerk shall post
this Ordinance or a summary thereof in at least three public places within the City pursuant
to Section 517 of the City Charter.
APPROVED and ADOPTED this day of ,2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE,
City Clerk
A09-00352
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CAROL A. SCHWAB,
City Attorney