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HomeMy WebLinkAboutAgenda Bill 05/21/2001 (29) MAY 2 12001 4 CITY OFPETALUMA,.CALIFORNIA AGENDA BILL daTitle: WATER CONSERVATION PROGRAM `Meeting Date: May 7, 2001 A) Resolution Approving Landscape Water Efficiency Standards of the City of Petaluma and Authorizing the Directors, of Parks and Recreation and Water Resources and Conservation to Approve Updates to the Standards, and B) Water Waste Prohibition Ordinance. Department: Water Director: Contact Person: Phone Number: Resources & :Fhoma Hargis. Steve Simmons/ 778-4392 Conservation 'l Ali Davidson Cost of Proposal: $0.00 _ Account Number: n/a Amount.Budgeted: $0.00 Name of Fund: Ma Attachments to Agenda Packet Item:'Action Documents: A) Landscape Water Efficiency Standards of the City of Petaluma and B) Water Waste Prohibitions Ordinance. Reference Documents: 1) "Cooperative Agreement for. Funding and Administration of the Petaluma Water Conservation Program for 2000/01 with the Sonoma County Water Agency. 2) Existing 'City of Petaluma Prohibition of Nonessential Water Use; Chapter 15.12.070, and 3) State of California's Model Water Efficient Landscape Ordinance. •mary.Statement: The City of Petaluma Water Conservation Program for FY 2000/01 includes ' development and implementation of a Landscape Standard and Water Waste Prohibition Ordinance that will reduce the amount of water used by the customers of Petalurna's Water Utility Systems. Council Priority: THIS AGENDA`ITEM IS'CONSIDERED To BE PART OF, OR NECESSARY To, ONE OR MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18, 2000. Priority,-(s): Water Conservation Supply Issues Recommended City.Council' Action/Suggested_Motion: Adopt Resolution and Introduce Ordinance listed above. Reviewed by Finance'Director: Reviewed'bv City Attorney: Approved by City Manager: Date: • cr Date) Date: m / { 11-4 o I,Today's Da e: Revision a'n$ D televised:' `'File Code: fir 4 HI •'1' • • CITY OF PETALUMA, CALIFORNIA MAY 7, 2001 - • • AGENDA REPORT FOR - • WATER CONSERVATION PROGRAM A) Resolution,Approving Landscape Water.Efficiency Standards-of the City of Petaluma and Authorizing the Directors of Parks and Recreation and Water Resources.and.Conservation to Approve Updates to the Standards, and B) Water Waste Prohibition Ordinance. 1. EXECUTIVE SUMMARY: • The City of Petaluma Water Conservation.Program for FY 2000/01 includes development and implementation of a Landscape Standard and Water Waste Prohibition Ordinance that will reduce the amount.of water used-by the customers•of Petaluma's Water utility Systems. Z. BACKGROUND: The City of Petaluma's 2000/01 Water Conservation Program was approved by Petaluma City Council on July • 17. 2000 andincludes: • Residential and Non-Residential;Toilet Replacement Program • Residential Water Management-Program • Non-Residential Landscape Water Audit and Incentive Program • Landscape Water Conservation'Ordinance and Water-Waste Prohibition Ordinance Commercial/Industrial Water Su vey.and Incentive Program • �An estimated $2;780;083:of funding will:be available from 1998 through(2009 to the City of Petaluma (City) for water conservation measures and water reuse programs. These funds are'identified in Petaluma's portion of the Sonoma County Water Agency's Draft Water'Conservation Plan with the goal to reduce water demands on the transmission system. SCWA staff will be working closely with City staff to administer the water conservation programs: A) Landscape Water Efficiency'Standards,of the City of Petaluma:-These Standards-supercede the Model Water Efficient.Landscape Ordinance, as required oy California Assembly Bill 325, 1992 (The Water Conservation and Landscaping Act of 1990). The purpose of the Landscape Efficiency Standards is to promote efficient water"use;and reduce water waste through landscape and irrigation planning and design, installation,and.long-term management specific to Petaluma's climate zone. The standard applies to all new:industriahcommercial. and institutional landscaping,multi-family common areas and contractor installed,single-family front yards in new sub-divisions (single-family residences and multi- . family private areas,are exempt from these standards). Landscapes are designed and plants are selected based on a design.water budget. The design water budget is the upper limit of annual water use for the established landscaped area supplied through City water meters. The purpose of utilizing a design based on a water budget-is to create an estimate of landscape water needs, thereby achieving water efficiency, sound economic practices and landscape quality. Water efficiency can be achieved by supplying only the amount of water sufficient to meet plant needs. Applying only that amount of water needed by plants and landscapes, and avoiding excess use can save the customer money. Identifying and meeting water needs can minimize the potential for plant injury caused by water deficits or excess. Turf grass can be included in a design water budget, however, as turf grass has relatively high water needs, these standards do not • permit turf on slopes and in median strips, or tree planting in turf areas. B) Water Waste Prohibition Ordinance-This water waste prohibition ordinance will modify the existing Title 15 of the City of Petaluma;Municipal code adding Chapter 15.12.071 Water Waste Prohibitions. The purpose of this Ordinance,is to promote water conservation and the efficient use of potable water furnished by the City by eliminating intentional or unintentional water waste when a reasonable alternative solution is available,_andrby prohibiting use of equipment whish is wasteful. The ordinance identifies nonessential uses such as: the washing of sidewalks and other hard-surfaced areas by direct • hosing not equipped with a shutoff nozzle; the escape of water through breaks or leaks; irrigation in a manner or to the extent that allows excessive run-off of water; washing cars, boats, trailers or other vehicles.and machinery directly with a hose:not equipped with,a shutoff nozzle; water for non-recycling decorative water fountains; water for single pas evaporative cooling systems for air conditioning unle required for health or safety reasons; water for new non-recirculating conveyor car wash systems; an water foi new non-recirculating industrial clothes wash"systems. • 3. ALTERNATIVES:: A) Continue operating under the Model Water Efficient;Landscape Ordinance, as required by California Assembly Bill 325; 1.992 (The Water-Conservation-and Landscaping Act of 1990). B) Continue operating under the water waste reduction.ordinance Title 15 of the City of Petaluma Municipal code. 4. FINANCIAL IMPACTS: A) Landscape Water Efficiency Standards of.the City of Petaluma will requiredlandscape"and irrigation plan review for compliance either by in-house staff or,contract staff. The cost will be borne by the applicant. • B) Water Waste Reduction Ordinance will increase in-house staff time responding to reports of water waste. 5. CONCLUSION: The.City of Petaluma should continue to implement water conservationprograrns.in order,to-Preserve and protect etisting,water resources, to improve the likelihood that additional water resources will be available in the future and to help defer capital costs for expansion of City water;facilities. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL;IDENTIFYSUCCESS:OR"COMPLETION: A) Adopt the resolution to approve the,Landscap&Efficienci Standards. The Montgomery Watson 1995 Study, Water'and Wastewater Efficiency/Avoided.Cost Study,;estimated that this water - conservation measure would.save.210 acre-feet of water per year in 20 years. B) Introduce,and Adopt-the-Water Waste Reduction Ordinance. Water savings have not been estimated for this water conservation measure. 7. RECOMMENDATION: A) Adopt the resolution approving Landscape Water Efficiency Standards of the City of Petaluma and Authorizing the Director of Water Resources and the Director of Parks and Recreation to Approve Updates to the Standards, and B) Introduce the Water Waste Prohibitions Ordinance at the May 7, 2001 meeting and adopt the ordinance at the May 16, 2001 meeting. s:/forms/2000 Agenda Bill revised 042100 • 1 ORDINANCE,NC.• N.C.S.. 4 5 6 Introduced.by Seconded by 7 8 9 • 10 11 12 13 AN ORDINANCE OF 111E'COUNCIL OF.1HE CITY OF PETALUMA - 14 AMENDING CHAPTER 15.12 PROHIBITING PULL WASTE AND 15 NONESSENTIAL USE OF WATER AND PROVIDING FOR 1HE 16 CONSERVATION OF 1 HE WATER SUPPLY OF 1 li E}CITY OF PETALUMA 17 18 19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 20 FOLLOWS: 21 • Section 1. The purpose this ordinance and amendment to Chapter 15.12 is to promote 23 water conservation and efficient use of potable furnished by the City of Petaluma by eliminating 24 intentional or unintentional water waste when a reasonable alternative solution is available and • 25 by prohibiting the use of equipment that is useful. 26 27 Section 2: The following sections are added to Chapter 15.12 of the Petaluma Municipal 28 Code: 29 30 15.12.071 -Nonessential Uses Defined. 31 No customer of the City shall use or permit the use of potable water from the City for 32 residential, commercial, institutional, industrial, agricultural, or other purpose for the following 33 nonessential uses: 34 A. The washing, of sidewalks, walkways, driveways, parking lots and other hard- 35 surfaced areas by direct hosing not equipped with a shutoff nozzle, except as may 36 be necessary to properly dispose of flammable or other dangerous liquids or 3. MP substances, wash away spills that present a trip and fall hazard, or to prevent or 38 eliminate materials dangerous to the public health and safety; 1 B. The escape of water through breaks or leaks within the customers plumbing or 2 private distribution system for any substantial period of time within which such 3 break or leak should reasonably have,been discovered and corr.-ected. It shall be 4 presumed that a.period of seventy-two (72) hours after the consumer discovers such a break or leak or receives notice from the City, is a reasonable time within 6 which to correct such break or leak or, as a minimum, to stop'theflow of water 7 from such break or leak; 8 C. Irrigation in a manner or to the extent that allows excessive runoff of water or 9 unreasonable over-spray of.the,areas being treated. Every customer is deemed to 10 have his/her water system ,under.control at all times, to know the manner and 11 extent of his/her water use and any runoff, and to employ available alternatives to 12 — apply irrigation water in,a reasonably efficient manner; . 13 D. Washing cars, boats, trailers or other vehicles and:machinery directly with a hose 14 not equipped with a shutoff nozzle; 15 E. Water for non-recycling decorative water fountains. 16 F. Water for single pass evaporative cooling systems for air conditioning in all 17 connections installed after July 1, 2001, unless required for health or safety 18 reasons; • 19 G. Water for new non-recirculatine conveyor car wash systems; 20 - H. Water for new non-recirculating industrial clothes wash systems. 21 22 15.12.072 - Actions Prohibited.. 23 A. Runoff from areas containing equipment, machines, motor vehicle parts and other 24 equipment containing grease; oil, or other hazardous or polluting materials; 25 B. Intentional disposal of debris into storm drains. 26 27 15.12073 -Pressure Regulation. - 28 A pressure-regulating valve shall', be installed and maintained by the consumer if static 29 service pressure at the meter exceeds 80 pounds per-square.inch. The pressure-regulating valve 30 shall be located between.the meter.and.the house valve, and set at not more than 60 pounds per 31 square inch when measured at the house valve. This requirement may be waived if the consumer 2 • 1 presents evidence satisfactory to the City that high pressure is necessary in the design and that no 'later will be waited as a.result of high-pressure operation. 3 4 15.12.074 -Plumbing and Fixtures. 5 A. All interior plumbing and appliance in new buildings shall meet the most.efficient 6 water standards as by the State of California; 7 B. Toilets and associated flush valves shall use 1.6 gallons, or less, of water per 8 flush; 9 . C. Urinals and associated flush valves shall use 1.0 ;gallons, or less, of water per. 10 flush; 11 D. Shower heads shall use 25gallons, or less of water per minutes; 12 E. Kitchen and lavatory faucets shall use 2.2 gallons, or less, of water per minute; 13 F. Separate .landscape 'water service meters will be required for all new and 14 rehabilitated:industrial,, commercial, and institutional landscaping and all new or 15 rehabilitated multi-family common areas (those areas in,a residential development l • maintained by either the developer or a homeowner's association). 17 18 15.12.075 - Swimming Pool Covets. 19 Pool covers are required for alllnew outdoor swimming pools. 20 21 15.12,076 - Exempt Water Uses. 22 MI water use associated with, the operation and maintenance of fire suppression 23 equipment or employed by the City'for-water quality flushing and sanitation purposes shall be 24 exempt from the provisions of this section. Use of water supplied by a private well or from a 25 reclaimed wastewater, gray water, or rainwater utilization system is also exempt. 26 27 15.12.077 - Variances. 28 Any customer of the City may make written application;for a variance. Said application 29 shall describe in detail why applicant believes a variance is'justified: 30 A. The Director of Water`Resources and Conservation may grant variances for use of 3' • water otherwise prohibited by this section upon finding and determining that 32 failure to do so would cause an emergency condition affecting the health, 3 1 sanitation, fire protection. or safety of the applicant or public; or, cause an 2 unnecessary and undue hardship.on applicant or public, including but not limited • • 3 to, adverse economic impacts, such a loss of production or jobs. 4 B. The decision of the Director of Water Resources and Conservation may be 5 .appealed to the Council by subniitting:a'written appeal to the City Clerk'within 6 fifteen (15) calendar days of the date of the decision. Upon granting any appeal, 7 the 'Council may impose any conditions it determines to be just and proper. 8 Variances granted by the Council shall be prepared in writing;'and the Council • 9 may require the variance be recorded at applicant's expense. 10 11 15.12.078 -Enforcement and Fees. 12 Depending on the extent of the water waste; the City may, after written notification to 13 customer and a reasonable time (72.hours;.see section 15.12.07I(B)) to correct violation as 14 solely determined by the City, take some or ;all, of the following 'actions. Penalties, fees' and 15 charges noted below shall be established by resolution of.the City: 16 A. Personal contact with the'customer at the address of the water service. If personal • 17 contact is unsuccessful,,written notice of the violation including.a date that the • 18 violation is to be corrected may be left on the premises, with a copy of the notice 19 sent by certified`mail to the customer. 20 B. The:City may install a flow-restricting device on the service line. 21 C. The City may levy a water waste fine to the customer. 22 D. The City may shut off water service, and the charge for same=shall be billed to the 23 customer: Except in cases of extreme emergency as solely determined by the City 24 Manager, service shall not be reinstated until verified by the 'City that 'the 25 violation has been corrected'and.all.charges and fees have been paid. 26 27 Section 3. Severability: If any section, subsection, sentence, clause or phrase or word of 28 this ordinance is for any reason held to be'unconstitutional, unlawful or otherwise invalid by a 29 court of competent jurisdiction, such decision shall not affect the validity of the remaining 30 portions of this ordinance. The City Council of the City of Petaluma hereby declares that it 31 would have passed and adopted this ordinance and'each and all provisions thereof irrespective of • 4 • 1 the fact that any one or more of said provisions be declared unconstitutional, unlawful or • otherwise invalid. 4 Section 4. Environmental=Determination: The City determines that this ordinance is a 5 class 7 categorical exemption under section 15307 of the California Environmental Quality Act, 6 which exempts actions by regulatory agencies for protectionof natural-resources. 7 • 3 Section 5. This ordinance:shall become effective thirty (30) days after the date of its 9 adoption by the Petaluma:City Council. I0 11 Section 6. The City Clerk is hereby directed to advertise this ordinance for the period 12 and in the manner required by the Citv',Charter. • 13 14 INTRODUCED and ordered'posted%published this day of , 2001. 15 ADOPTED this day of , 2001 by,the following vote: 1 / 13 AYES: I9 NOES: 20 ABSENT: 21 24 Mayor 25 26 27 AT LEST: APPROVED-AS TO FORM: 23 i0 . 30 31 City Clerk City' Attorney 32 33 31 • ord • J / 4/13/01 (fink) 5 Petaluma Municipal Code Water and Sewer-Division • 15.12.070 - Discontinuance,under certain conditions without notice. The,city may refuse to furnish water and may discontinue service without notice to any premises where apparatus, appliances or equipment using'water is found by the manager to be dangerous or unsafe or where the use of water on such premises is found by the manager to'be detrimental'or injurious to the water service furnished by the city to other consumers,:or where:the manager finds that negligent or wasteful use of water exists on.any premises which affects the city's water service. The city shall have the-right to refuse:or discontinue water service to any premises if necessary to protect itself against itself against fraud or abuse:-(Ord. 544NCS §8: prior code §27.28.) New addition to the code 15.12.071 —Water Waste Prohibitions • Purpose: To promote water conservation and the efficient use•of potable water furnished by the,City of.Petaluma (City) by,eliminating.intentional or unintentional water waste when a reasonable alternative solution isavailable, and by prohibiting use of equipment that is wasteful. • A. Nonessential uses defined. No customer of the City shall use or permit the use of potable water from the City for residential, commercial, institutional. industrial, agricultural, or other purpose for the following nonessential uses: 1. The washing of sidewalks', walkways, driveways, parking lots and. . • other hard-surfaced areas by direct hosing not equipped with.a shutoff • nozzle, except asmay be necessary to-properly dispose of flammable or other dangerous liquids or substances, wash away spills'that present a tripand fallhazard, or to prevent oi•eliminate materials dangerous to the public health and safety; 2. The escape of water through breaks or leaks within the customers plumbing or private distribution system for any substantial period of time within which such break or leak should reasonably have been. discovered and corrected. It shall+be presumed that a period of seventy=two (72)-hours after the customer discovers such a break or leak or receives notice from the City, is a reasonable time within which to correct such creak;or leak or as a minimum, to stop the flow. of water from such'break,orleak; 3. Irrigation inamanner or-to•the exteritthat allows excessive run-off:of water or unreasonable over-spray of the areas being treated. Every customer is deemed,to nave,his/her water system'unaer control at all • times, to know the mariner and extent of his/her water use aria any run- off, and to employ available alternatives to apply irrigation water in a reasonably efficient manner, =:. Washing cars, boats, trailers or other vehicles and machinery directly • with a hose not equipped with a shutoff nozzle' 5. Water for non-recycling decorative water fountains, 6.: Waterfor single passlevaporative cooling systemtiforair conditioning • in all.connections installed after.(insert effective daterof this ordinance);;unless'requtred•for helth„or'safety reasons; 7. Water for.'new non-recirculating conveyorcar wash systems; • 3. Water felt new non-recirculating industrial clothes wash systems. B. :fictions,Prohibited 1. Runoff from areas-,containing equipment, machines, motor vehicle parts,andiother equipment containing,cease,„oil, or`other hazardous or polluting materials; 2, Intentional disposal of debris;into;storm;drains: C. Pressure:Regulation .A pressurerregulatmg valveishalldbe installed and • maintainedbv the consumer static service pressure at the meter.exceeds.SO pounds per square inch. The pressure-regulatingivalv_e shall be'located between the meter and:the house valves and set at not more that;60:pounds per square inch when measured at-the house valve. Thisreauirement:may.be waived if the consumer presents evidence satisfactory-to the.City that.high pressure is necessary - in the desianand that no,waterwill.be wasted as;a.result of high-pressure - operation. • D. Plumbin )and Fi.Ytures:, 1. All interior plumping and appliance in-new buildings shall meet the most efficient water standards as set'by the°State of California: 2. Toilets and associated flush valves shall use 1.6 gallons. or less, of water per,flush; 3. Urinals'and;associatedfflush valves shall use 1.thgallons, orless, of water per,flush;' - . • G:. Shover heads shall use2'.5 gallons, or less;.of water per minute: 5. Kitchen,and lavatory faucets shall use 2.2isallonsi or less, of water per .minute:, 6. 'Separate landscape°water,service^me erswillberequired.for all new and rehabilitated industrial, commercial::and institutional.lanascapina and all newaor rehaoilitatea multi-familycommon areas(those areas in a residential development maintained by either the;developer or a homeowner's association). E. Swimming Pool Pool"covers areirequired for all new outdoor swimming pools,. F. Exempt?water uses.-.All water use,associated iwith'the operation.ana maintenance of fire,suppression ecuioment'or employed by the City for water quality flushing and:'sanitation purposes shall-be exempt from the provisions of this-section. Use of'-Water supplied by a private well-Or from a reclaimed wastewater„grey water or rainwater utilization system is also-exempt. G. Yariancest.Any`custoiner of the City'may make written.application for a varianc Sai&applicatiomsnall describe in detail why applicant believes a variance-is justified': 1. The`Director of'�titer Resources Conservation may grant variances for use of water otherwise prohibited by this section'upon finding and • • . . , Oetemiinus.thatfailure to dO,sb youi&causean,ernerdenercondition. affecting the health; sanimtion.,fire protection or safety of the,applicant or public, otc,causean;unnecesShry'andtindue-hardship on applicant or .public, inCluding.,buttOt.liinited4O.,adversececonomic impacts.,such as loss of,productiomoriabs. 2 Thedecision of the DirectotbfWmer Resources and Conservation may be.appealetitoahe,CatmCil.byisubmitting:a written.appealtb-the City Clerk withinjifteen (15),Calendandays.of the date of the deciSiOh. Upon - muntins,rany.appeal,the Council may impose any conditions it determines .• to be just and proper Variances granted by the Council shall beprepateci in Council may reqUire'tlieValiante be recorded at apPliCatiescexpense. EnfoecEinOitSkan-cl Fees:)D,epeqding,otb.the extent of the water waste, the City may after written notificaiioTtbcustother,and:a reasonable time;'(72:hOurst see) Sec 1.B-2) to correct the violation as solely by the City, takesome,or all of f011oyiiiithadtions. Penalties, fees and•charaes,noted belowshall be established by resolution of the diryf • . . 1..Petsbnal contact with the customer at the address of the water service. If personal contact is unsiitcessfill, written notice of the violation including a datethat the violation fs'tO;,be.cor,rectedniay be left on the premises,•With a copy of the notieeSent by,cernned mail to customer. • 2.The City may install a*.floW-restricting,device On the service line TheCitymay,leVy,a:water.waste':fine-to the customer • 4.E.Jhe,city.,thayishut off water service and Me.Charneibit,saine shall be • billed to the customer: Except in cases of extreme emergency as solely • deterrnineolby theCitY, Manaster,,service,Shall not be reinstated until . verified by the City that the violation has been corrected and all and feeSlhaVe,beetpateI. Sei7,-erakiiiity. If any,section subsection, sentence, Clause, phrase or word,,of this ordinance;is for any reason;held to be inValid the validity of the remaining tortiOn of:this ordinanceshallmot4be affected. • J. EnVieblimentaliDeterrdittation. the City determines;that this ordinance, is 'a Class 7 ,categorical exemption under ,section 1.:5307• of the California Environmental "Quality ACt. "which exempts aCtions. by regulatory agencies for protection,of natural resourc K Effective Date This citdinanceshatl.betorrie effeatiVe (30) 'days after the date. of adoption.