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HomeMy WebLinkAboutORD NO 4804ORDINANCE NO. AN EMERGENCY ORDINANCE ADDING CHAPTER 14.02 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO REGULATIONS FOR URBAN WATER CONSERVATION TO LIMIT IRRIGATION OF TURF AND LANDSCAPES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: WHEREAS, on January 17, 2014, Edmund G. Brown, Governor of California, proclaimed a State of Emergency to exist in the State of California due to severe drought conditions; and WHEREAS, on April 25, 2014, the Governor signed an Executive Order directing the State Water Board to adopt emergency regulations as it deems necessary, pursuant to California Water Code section 1058.5, to ensure that urban water suppliers implement drought response plans to limit outdoor irrigation and other wasteful water practices; and WHEREAS, California Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations during a period when the Governor has issued a proclamation of emergency based upon drought conditions or in response to drought conditions that exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years; and WHEREAS, on July 15, 2014, the State Water Board approved an emergency regulation for urban water conservation that required urban water suppliers to implement the stage of its water shortage contingency plan that imposes restrictions on outdoor irrigation, which resulted in the City implementing Stage 3 of its Urban Water Management Plan; and WHEREAS, as of March 3, 2015, Central and Southern Sierra snowpack is at 20 and 21 percent of average, respectively, and without significant March snowfall, the Sierra snow water content may be the lowest in recorded history; and WHEREAS, due to these drought conditions and dry conditions for the past several years, storage in California's reservoirs is also below historic average levels; and WHEREAS, on March 17, 2015, The State Water Board found that an emergency still exists due to severe drought conditions and that adoption of additional emergency regulations with specific prohibitions on water uses was K, n -- Page 1 of 4 Pages -- C)rHIGIN A.E_ necessary to promote water conservation to maintain an adequate supply during the drought emergency; and WHEREAS, the emergency regulation approved by the State Water Board requires urban water suppliers that do not already impose a limit on the number of days that outdoor watering is allowed to limit outdoor irrigation of turf and ornamental landscapes; and WHEREAS, the City of Bakersfield currently does not impose a limit on the number of days that outdoor watering is allowed, so the City of Bakersfield must adopt this ordinance limiting the number of days that outdoor watering is allowed; and WHEREAS, on April 1, 2015, the Governor issued a third Executive Order directing the State Water Board to adopt even more stringent regulations on water use; and WHEREAS, the April 2014 Executive Order suspended the requirement for review under the California Environmental Quality Act (CEQA) for certain activities, including adoption of emergency regulations, and on December 22, 2014, Executive Order B- 28 -14, extended the suspension of CEQA through May 31, 2016; and WHEREAS, this Ordinance is necessary for the immediate preservation of the public health, peace, property, and safety. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: or 1. The above recitals are true and correct. 2. Section 02 of Chapter 14 of the Bakersfield Municipal Code is hereby added to read as follows: 14.02 Water Use Regulations A. Outside Irrigation. 1. In addition to the rules and regulations promulgated by the State Water Resources Control Board relative to water usage, outside irrigation of ornamental landscapes or turf with potable water is allowed by water users a maximum of three days per week as follows: • Water users with EVEN addresses may water on Sunday, Wednesday, and Friday only. — Page 2 of 4 Pages — h- tT c� C • Water users with ODD addresses may water on Tuesday, Thursday, and Saturday only. • All outside irrigation is prohibited on Mondays. 2. Outside irrigation in a manner that causes water to flow onto adjacent property, non - irrigated areas, sidewalks, and /or gutters is strictly prohibited. 3. Outside irrigation is advised to be done after 6:00 p.m. and before 9:00 a.m. for optimal efficiency. 4. In addition to the above, commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, shall immediately implement water efficiency measures to reduce potable water usage in an amount consistent with the reduction targets of the State Water Resources Control Board as amended from time to time. B. Penalty. 1. Failure to comply with these regulations may be punishable as an infraction or misdemeanor pursuant to Bakersfield Municipal Code Section 1.40.010 or any other available remedies allowed by law. 3. Pursuant to Section 23 of the Charter, this ordinance shall take effect beginning April 23, 2015. -- Page 3 of 4 Pages — r, C;�f itCdINAL HEREBY CERTIFY that the foregoing Ordinance was first read pt a regular meeting of the City Council of the City on the _ aa. _ day of 2015, and was passed and adopted at a regular meeting of the City Council held on the day of 2015, by the following vote: J f f ✓ ✓ AY COUNCIL MEMBER RIVER MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER OES: COUNCIL MEMBER L0 V) Uc;'. N COUNCIL MEMBER ABSENT, COUNCIL MEMBER ', o ecr-, ROBERTA GAFFORD, M CITY CLERK AND EX OFPICIO of the APR 2 2 2015 Council of the City of Bakersfield APPROVED Mayor APPROVED AS TO FORM: VIRGINIA qfNNAR0 City Attor y VIRGINIA GENNARO City Attorney RI:dII S:\C0UNC1L\0rds\ 14 -15 \ Water Emergency Lim its. Docx -- Page 4 of 4 Pages -- ;1 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 24th day of April, 2015 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4804, passed by the Bakersfield City Council at a meeting held on the 22nd day of April, 2015 and entitled: AN EMERGENCY ORDINANCE ADDING CHAPTER 14.02 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO REGULATIONS FOR URBAN WATER CONSERVATION TO LIMIT IRRIGATION OF TURF AND LANDSCAPES. SAD0CUMENTV0RMSW0P.0RD.wpd ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: - - �k DEPUTY City Clerk "J