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Home My WebLink AboutStaff Report 7029 CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 6, 2016 The Honorable City Council Palo Alto, California SECOND READING: Adopt an Ordinance Amending Municipal Code Sections 12.32.010 (Water Use Restrictions) and 12.32.020 (Enforcement) (FIRST READING: May 16, 2016 PASSED: 9-0) This was first heard by the City Council on May 16, 2016 and was passed unanimously, without changes. It is now before the Council for second reading. ATTACHMENTS:  Attachment A: Water Restriction Ordinance (PDF) Department Head: Beth Minor, City Clerk Page 2 NOT YET APPROVED 1 160301 jb 6053690 Ordinance No. _____ Ordinance of the Council of the City Of Palo Alto Amending Section 12.32.010, Water Use Restrictions and Section 12.32.020, Enforcement R E C I T A L S A. Article 10, Section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare. B. The State of California is prone to drought conditions which result in water supply shortages. C. The City of Palo Alto recognizes the continuing need to manage water resources under its jurisdiction and control in a constitutionally compliant manner. D. Section 12.32.010 of the Palo Alto Municipal Code sets forth permanent water use restrictions applicable to all City water customers, in order to responsibly manage the City’s water resources. E. The Council wishes to adopt additional permanent water use restrictions in order to continue to responsibly manage this limited resource. F. City regulation of the time and manner of water use, rate design, the method of application of water for certain uses, and establishment of enforcement procedures in support of water use management is an effective and immediately available means of conserving water, and is authorized by Palo Alto Municipal Code Section 12.20.010. G. On September 15, 2014, the Council adopted Resolution 9460, establishing the enforcement process for violations of the three outdoor water use restrictions adopted by Council on August 4, 2014 (Resolution 9449). H. The Council now wishes to clarify the enforcement process for the water use regulations set forth in Chapter 12.32 of the Municipal Code. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. The Council hereby modifies Section 12.32.010 of the Palo Alto Municipal Code to add the following four water use restrictions to Section 12.32.010, as subsections (e) through (h): e.The irrigation of turf or ornamental landscapes, which serve purely decorative purposes, and are distinguished from trees, edible gardens or ATTACHMENT C 2 160302 syn 6053690 landscapes that provide more than a purely aesthetic function, with potable water shall not be allowed between 10:00 a.m. and 6:00 p.m., except via hand watering with a bucket or a hose with an operating shut-off valve. f. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. g. The use of potable water for street sweepers and washers is prohibited if non-potable water is available, as determined by the Director of Utilities, or his or her designee. h. Commercial car washes must use recycled water systems, if recycled water is available, as determined by the Director of Utilities, or his or her designee, and economically feasible. SECTION 2. The Council hereby modifies Section 12.32.020 of the Palo Alto Municipal Code as follows: 12.32.020 Enforcement. In addition to enforcing the provisions of this chapter against any person as a misdemeanor, an infraction, or via the imposition of administrative fines or penalties, the city manager and his designated employees are authorized to enforce the provisions of this chapter against customers and water purchasers of the utility as follows: (a) Reports of alleged misuse of water in a manner contrary to the provisions of this chapter shall be called to the attention of the party responsible for the service connection misused and shall be investigated by the utilities department personnel to the extent possible. (b) Utilities department personnel shall issue a written warning to the responsible party or parties. (c) If a second or third incident of misuse of water in a manner contrary to the provisions of this chapter is established to the satisfaction of the utilities department personnel, up to two additional written warnings shall be issued to the responsible party or parties, advising that the City may opt to pursue available enforcement remedies, including the issuance of administrative citations, fines, infractions punishable by penalties, misdemeanors, flow restrictors, and termination of water service. (d) For any subsequent incident by the same party, customer, or water purchaser, or for any willful violation of this Chapter, the city manager or his designee may, in addition to the pursuit of any available enforcement remedies, elect to install a flow restrictor upon the service connection of the purchaser or customer at the purchaser's or customer's expense. 3 160302 syn 6053690 (i) Prior to installation of the water restrictor, the director of utilities shall give written notice to the person responsible for the service connection, which is to be restricted, of his intention to install a restrictor. The person or persons to whom notice is to be given shall have five business days from the date of service of the notice to request a hearing before the city manager or his designee in order to present any and all evidence they may have as to why a restrictor should not be installed or under what conditions it might be installed. (ii) If a hearing is requested, the city manager or his designee shall schedule a date and time for said hearing as soon as possible after the request is filed, but not later than five business days after the filing or such request for hearing. (iii) At the hearing, the person whose service connection is to be restricted may offer evidence as to why the restrictor should not be installed or under what conditions it might be installed. (iv) Utilities personnel shall also be allowed to offer whatever evidence they may have as to why the restrictor should be allowed and under what conditions. The city manager or his designees shall make a determination as to whether the restrictor shall or shall not be installed and what conditions, if any, should pertain. (v) Upon a determination to install a restrictor after hearing, or the failure of the affected party to request a hearing, the director of utilities, under whatever conditions, if any, he may deem advisable under the circumstances, may install a flow restrictor on the service connection of the customer or purchaser of water whose service connection was used in the violations observed or established and bill the costs of such installation to said customer or purchaser in accordance with the following conditions: (1) The first installation shall be for a period of three days; (2) Subsequent installations shall be for a period to be determined by the director of utilities, in an amount sufficient to accomplish the purposes of this chapter. Flow restrictors shall be installed in accordance with water utility rules and regulations. (e) Records shall be kept by the department of utilities of the city of Palo Alto of all enforcement actions taken under subsection (d) of this Section, and such records may be subject to disclosure as required by the California Public Records Act. SECTION 3. The Council hereby finds that this ordinance is categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15307 and 4 160302 syn 6053690 15308 of the California Environmental Quality Act Guidelines (actions taken by regulatory agencies for the protection of natural resources and the environment). SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: _____________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: _____________________________ ______________________________ Senior Deputy City Attorney City Manager ______________________________ Director of Administrative Services ______________________________ Director of Utilities