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
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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.
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• 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.
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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
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S:\C0UNC1L\0rds\ 14 -15 \ Water Emergency Lim its. Docx
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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
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