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Home My WebLink About1150 Urgency Ordinance Concerning Stage I and Stage II Water Emergencies I ORDINANCE NO. 1150 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH , AMENDING SECTIONS 3603 AND 3605 IN DIVISION 4, ARTICLE 11 OF THE UKIAH CITY CODE CONCERNING STAGE I AND STAGE II WATER EMERGENCIES The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections 3603 and 3605 of the Ukiah City Code are hereby amended to read as follows: §3603 RESTRICTIONS OF WATER USE STAGE I _, Whenever the City Council, by resolution, declares Stage I water emergency to exist to promote water conservation, each of the following actions is prohibited, unlawful and a violation of this , Code, 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 or when an alternate irrigation plan, that demonstrates equal or greater savings, as approved by Public Works; 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; Broadcast (non-drip) irrigation from sunup to sundown and more frequently than (i) every other day or (ii) more than four days per week and at a rate that causes ponding or puddling in the irrigated area; Drip irrigation at a rate that causes ponding or puddling in the irrigated area. 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; and The use of potable water in a fountain or other decorative water feature except where the water is part of a recirculating system. §3605 NONESSENTIAL USES DEFINED _ __ _ _ The following uses of water are nonessential: , A. Use of water from public hydrants for any purpose other than fire protection and/or prevention. B. Use of water through any meter when the consumer had been given two (2) days' notice to I repair one or more leaks and has failed to complete such repairs. I 1 I C. Use of water by a golf course to irrigate any portion of its grounds except those areas designated as tees and greens; except where the Director shall have determined that any such use is nonessential and written notice of such determination shall have been provided. D. Use of water to irrigate grass, lawns, ground cover, shrubbery, vegetable gardens, trees, or other outdoor vegetation unless drip irrigation is used. � E. Use of water for the construction of any structure, including such use in dust control. F. Use of water to wash any sidewalk, walkways, driveway, street, parking lot, tennis court, or other hard surfaced area by hosing or by otherwise direct use of water from faucets or other outlets. G. Use of water to wash any motor vehicle, trailer, airplane, or boat by hosing or otherwise using water directly from a faucet or other outlet. H. Use of water to fill or refill any swimming pool. I. Use of water to add to any swimming pool not equipped with and using a pool cover. SECTION TWO 1. CEQA COMPLIANCE. The adoption of this Ordinance is categorically exempt from the provisions of the California Environmental Quality Act. 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. SECTION THREE. URGENCY ORDINANCE This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are as follows: 1. Governor Edmund G. Brown Jr. issued "A Proclamation of A Continued State of Emergency", dated April 25, 2014, proclaiming the water shortage in the State of California as a state of emergency and ordering immediate action to manage the crisis. 2. The State Water Resources Control Board (SWRCB) posted curtailment projections which could take effect by May 15, 2014. It was projected that by May 15th, all post-1914 appropriative rights may be curtailed. Between June 15th and July 15th, the projected water supply may not be sufficient to meet all riparian and/or pre-1914 demand. The remaining supply of natural flow must be shared among all riparian users. 2 3. On May 27, 2014, the SWRCB issued an order curtailing all diversions from the Upper ��I Russian River by appropriators under appropriative water rights permits with a priority date of February 19, 1954 or later. The order did not curtail the City's rights under its appropriative water rights permit or its pre-1914 water rights, but the notice did warn that if ". current conditions persist, the State Water Board may curtail all remaining senior post- 1914, riparian or pre-1914 water right holders located downstream of a major reservoir 'I operation which is releasing water from storage . . ." 4. On July 16, 2014, the California Office of Administrative Law approved emergency curtailment regulations adopted by the SWRCB which empower the Deputy Director for the Division of Water Rights to issue curtailment orders to post -1914 appropriative water right I holders in order of water right priority when water is not available under the diverter's priority , of right. 5. On July 15, 2014, the SWRCB approved emergency water conservation regulations that , impose direct restrictions on water use and require urban water suppliers, such as the City, to impose mandatory restrictions on outdoor irrigation. 6. Under the City's Water Emergency Ordinance, to comply with the SWRCB emergency water � conservation regulation, the City would have to dedare a Stage II water emergency which would ban all outdoor irrigation. The SWRCB emergency water conservation regulation does not require a complete ban on outdoor irrigation, a complete ban is not currently necessary in Ukiah for conservation purposes, and a complete ban would cause substantial and unnecessary damage to public and private landscaping, community gardens, parks and I recreational facilities. 7. In order to comply with the SWRCB emergency regulation on water conservation and to i prevent unnecessary damage to public and private property while conserving water for the remainder of the dry summer water season, it is essential that this ordinance be adopted as an urgency ordinance to protect the public health, safety and welfare. Adopted on August 6, 2014, by the following roll call vote: AYES: Councilmembers Scalmanini, Crane, Thomas, and Mayor Baldwin � NOES: None ABSENT: None ABSTAIN: None ! 1� � i � / / i// %% �G ) � l ��`'L � � /Philip E; aldwin, Mayor ATTEST: ' � �. �, ''.I� G � � l L-C,�L �,Gi Kristine Lawler, City Clerk I I � 3 — — — —