Loading...
HomeMy WebLinkAboutAgenda Report - April 3, 1991 PH� (�) CITY OF LODI COUNCIL COMMUNICATION L - AGENDA TITLE: Public Hearing to Amend Chapter 13.08 et seq. of the Lodi Municipal Code Entitled, "Water Service" MEETING DATE: April 3, 1991 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council discuss the attached proposed draft ordinance, make the appropriate changes, if any, and introduce the ordinance for adoption. BACKGROUND INFORMATION: The City Council at its meeting of March 6, 1991 considered a number of proposed changes in the City's water conservation effort. The March 6 minutes recapping the Council's action are attached for your reference. From the directives staff received at that meeting, we are commencing with miscellaneous studies and are proposing certain changes of the ordinance at this time. The major changes being proposed are as follows: 1. Article III The title of Article III is changed from ''Waste" to "Water Conservation" to better reflect the intent of the ordinance. 2. Section 13.08.235A A change in watering days is being proposed. The three main alternatives shown .are: 1) Eliminate Monday as a watering day for all and making Sunday a watering day for odd addresses; 2) Eliminate Sunday as a watering day for both odd and even addresses; 3) Leave as existing. 3. Section 13.08.2358 Restriction of watering hours for lawns, landscaping, and gardens. Watering is not allowed from 10 a.m. to 6 p.m. daily from May 1 through September 30. This saves water lost to evaporation during the hottest parts of the year and helps with electrical peak shaving. 4. Section 13.08.230E (new) When using a hose, it must have a positive shut-off nozzle. This is to stop the waste of allowing an open hose to run when set down or walking between watering areas. APPROVED. z _ THOM" A. PETERSON City Manager CC -1 CWATER2/TXTW.02M (CO.COM) Barth 27, 1991 Public Hearing to Amend Chapter 13.08 April 3, 195: Page 2 5. Section 13.08.240, Enforcement Procedures 1) Added a first warning before a written notice is mailed. This has been the policy, but not spelled out in the ordinance. 2) Defines a time limit for what constitutes subsequent violations as 12 months from a previous violation. This is not currently defined and can be interpreted as much longer than 12 months or less than 12 months. 3) Adjust the charges for waste of water which were established in 1977. 1st 2nd 3rd 4th 5th Existing: Notice $25 $50 $100 not addressed Proposed: Warning Notice $35 $75 $150 4) Allow the City to install a flow restricter if all other means to abate water wasting have failed. A flow restricter will allow enough water for health purposes (drinking, toilet flushing, cooking), but not enough for high volume uses. 6. Section 13.08.250, Metering Took out the metering section which conflicted with Section 13.08.240. 7. Section 13.08.265 (new) Auded a section titled "Appeals" which outlines to the citizen the procedures to follow if they disagree with a ruling by the Public Works Director. 8. Section 13.08.300 (new) Added a section to address "Emergency Water Conservation". Gives powers to the Public Works Director to put in place, with proper notice, additional water restrictions depending on the severity of the emergency. Under Section 13.08.235A, the City Council will have to discuss and make a decision on the appropriate watering days. Staff feels strongly that four watering days are not needed and there are many citizens watering on the fourth day only because it's available: All landscapers will agree that three watering days per week are sufficient for established plantings. The new ordinance does provide for needed additional watering of newly -planted material. At the March 6 meeting, the Council approved having the users of large irri ated areas (i.e., Festival grounds, golf range, Caltrans, LUSD, and City of Lodi submit an irrigation plan to reduce water consumption by 25 percent. It's our feeling that this should not go into the ordinance since it may be only a one-time requirement. CWATER2/TXTW.02M (CO.COM) March 27, 1991 Public Hearing to Amend Chapter 13.08 April 3, 1991 Page 3 We feel we can work with these agencies to provide us with the required plan on an informal basis. The City Attorney points out that if it's not made a part of the ordinance that we cannot enforce the requirement. It's our feeling that we can work informally with these agencies and still obtain the desired result. The attached draft ordinance shows all of the proposed changes, additions, and deletions to the existing ordinance. FUNDING: None required. Jac L. Ronsko c Works Director JLR/mt Attachments cc: City Attorney Water/Wastewater Superintendent CWATER2/TXTW.02M (CO.COM) March 27, 1991 ORDINANCE NO. 1510 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CEDE CHAPTER 13.08 - WATER SERVICE - ARTICLE III - WASTE asxssaxasaa:amassaa:asszsaszaaxsxxsxsxaxaaxaxaaaxxanxxxxxa=aax=aazxxxxa BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 13.08 - Water Service - Article III - Waste - is hereby amended to read in full as follows: (See attached 7 -page document) Revisions of Water Conservation Ordinance (Parts removed from the existing code are in sb*eeat and additions are underlined Article III. Waste Water Conservation 13.08.220 Pf ehibited The waste of water is prohibited and any waste eontiaeedOff-w6ee given shall make the person subject to the provisions of this article. (Prior code 26-21) 13.08.230 Defined. "Waste of water" includes but is not limited to the following: A. Failure to repair a controllable leak of water; B. The watering of lawns, flowerbeds. 1 ndkcapiRg o rru at p ants or gardens be-limited-te on dans or at times other than those allowed in mon 13,08.235 of this article- -----Ftemises-beredd heuseaenibem; en�Norday-,-Wedrsd�'; Fr�ay,a�-S C. Washing of sidewalks, driveways, parking areas, tennis courts, patios, streets or other exterior paved areas or Mdines except when required to remove any spillage of substances that may be a danger to public health or safety; D. Washing with water any motor vehicles, trailers or moveable equipment other than with a bucket and rinsing the vehicle or equipment by use of a hose for not more than three minutes; E. Use Qf a hose without a Mitive shut off nozzle; 1 EF. The excess watering of any area so that water flows into a gutter or ally drainage area IC 11.40- . 1' 1 AF7571ml1 All a_ MIRIMI/ '. :1 1 / .111.• �)1," icau.. 1:nJJ • a..�i / .Jl_. + rt s !_!_!. 1 1_ r 1 I 1 .� 1/ l.. !_!� /l• i[,�f r 1 1 1 1' 1 iPb 1/._ +.+a !_/./ .!.>. c!./l ' / I ! 2 13.08.240 . . - . . - i| ~at- persewis-�, the eadee-o_wasting __-_sha9~~ . ' -�py___-_________"__--__'=-_y__'_~e . use of waw at "i Vem6es- ' � � ~ ' ' ~ given~~ any ~~~~p~ --'--~-~~~~~~~x '---'-p-----'--------g^~ ~~~~~~ | ~ ' eF - ` use of W4eHam- id ise-n.60E-handFed dogaFsF-afid-Ow-eity-amy-also4equiFe- the -peFSOIW o'pay `OU.- �of-a A as—to!ee�a�$tstEe-te-SeA► I 1.. '•'l df 1 .: Y! 1.1 ' 7 - / I .) 11�Ii1 # 1.%l/ 1.1 1 b \ :! . 1 1 L,tir •^1 1,1,1 Y' •r. ul ' n,- 1'1-a 1 1 the event 1 a third waste of vAmter within 12 monthsof 1 U • :C.7: of ti 'Jt 1 el 1,1,1 :, 1.' II .• :! 12 a t'ri l\ e 1,• 1-• • 1. . 1 1 �_/ , , - li.7snt1I 111 pin MkylM. 1 1. ,, 4n, •. ![ ! .C•.7 t -y 1 1 11 t! 1 t a 1 C 1 •.7. / ./:1 .i ./1 !.! 1.l.LY- :! 1. #1,. .1 .w\ 1 :ll{\ 1 • 1_• 1 !�- 1 1 .1 .1 4 44--W3A—Metefing --1-me- event. 4hr..-any -doge -e�e —er-mouser©€-the-eity­awastes water; whet eF-ef not 4he-waste-€al widdn-die-de€miliew 30 AeEiee-e€ �to-the- sef .--Upeo tt�e-v�+asEiag my diseena tie-sef*iee-and Fegui-e Et�e�sEai�a�e€-a �sE-E ec�pease a€ to th-e iee --lir-addiEiea•; e uw-smg.a� a- fee esdmd-dailam-{PFfereede 26 24 13.08.260 Strict application --l€-ia--epieien `- �e-p i�axoFk�diFeE 4he-gobtie-heakh-or-afe m3--sf#ef-,m-an aoxeeessaFy or-vndle-haidsI ip-the pFes-fl€-dais-eFdeie; �e-gt�klie-�weFk��iFef,�-eat+-ware-a-stet-e�iettEiaEro€-aay-e€ the a isiec3s-4 J& wti le, The deeision--of4he-publie %wks-der- may-be-appealed4e Ehe� <miefl, (PfieF eode 2&25) 5 1 4y!J I-�,1,7r y MP 1 ,C 1.o1►.J 1 6 [il M, NUTAtit", "TM \ t-. •.i_y 11.117 \'. �;, \ /.• ^ Ill �, 1.- tr. - 1 ! 1 r, y 1. 1. !i, .•1IT1 1 [ 1 ' 1 1 lit 1 -A I 1 1 y, 111l".y-Il Wri IN v/! yl Irl 1 4�.dll, t • 1.1 ! 1 . [ 11 . t , / �y 1 -� 1 ' 7 I 1.�� 1,1 1 �1 iry I�wr l 1i! .�71 !1_• 1 - l� YlJ! ! • 1 13.08.276 Violation -Infraction. In addition to the vmehafge enforcement mcedures mid mirch?rQes sex forth in this article €embe-wesft-e€-wow, any person who wastes water, as defined i*Seedm43:O8-.M in thisarticle, may also be charged with an infraction by-dkec -the eity. (Prior code 26-26) 6 i �• r 7 SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and small be in force and take effect thirty days from and after its passage and approval. Approved this day of DAVID M. HINCHMAN Mayor Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No.1510 was introduced at a regular meeting of the City Council of the City of Lodi held April 3, 19)1 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held 1991 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1510 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. REIMCHE City Clerk Approved as to Form BOBBY W. McHATT City Attorney PORTION OF MINUTES from March 6, 1991 Council Meeting On motion of Mayor Pro Tempore Pinkerton, Snider second, the City Council took the following actions pertaining to the subject Nater Conservation Program within the City of Lodi: a) Directed staff to study an increasing -block rate as part of any future rate studies; b) Directed staff to prepare a plan for metering all new residential customers; c) Directed staff to study a residential retrofit program; d) Directed staff to prepare an ordinance which will require all new vehicle washing facilities to use water conserving practices including reclaiming water; e) Directed staff to develop a program for metering and charging for all construction water from fire hydrants; f) Directed staff to prepare a water efficient landscape ordinance for adoption prior to January 1,-1993; and g) Directed staff to study the possibilities of making available construction water from Lodi Lake, Woodbridge Irrigation District, storm pumping stations, Mokelumne River, and the white Slough Nater treatment facilities. Further, the City Attorney was directed to proceed with amending the Lodi Municipal Code thereby establishing the hours of 10:00 a.m. to 6:00 p.m. in which no landscape watering is permitted. This would be effective May 1 and continue through September 30. Further, the City Council approved requiring users with large irrigated areas (i.e., festival grounds, golf range, Caltrans, Lodi Unified School District, and the City of Lodi) to submit an irrigation plan by May 1, 1991 to reduce water consumption by at least 25%. Further, the City Council continued the consideration of eliminating Sunday as a landscape watering day, to allow for additional public input and further review of the matter at a future Shirtsleeve Session. .CITY COUNCIL DAVID M. HINCHMAN, Mayor JAMES W. PINKERTON. It Mayor Pro Tempore PHILLIP A. PENNINO JACK A. SIECLOCK JOHN R. (Randy) SNIDER CITY OF LOD I CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)334.5634 FAX (209) 3316795 April 8, 1991 SUBJECT:' Water Conservation THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerh BOB McNAT7 City Attorney This being the fifth year of drought and with the rapidly declining water levels in the Lodi's wells, a conscious effort to conserve water is required by all. In an effort to conserve water and to comply with San Joaquin County's Urban Water Conservation Plan the Lodi City Council has directed the Public Works Department to ask all water users with high ratios of irrigated areas to submit a water conservation plan that will reduce their irrigation water use by at least 25% from 1990's use. This plan is to be submitted to: City of Lodi, Frank Beeler, 1331 South Ham Lane, Lodi, California 95242, by May 1, 1991. Per your phone conversation with our office, the following ideas may be included In your plan: reduction in watering times and days including accounting for changes in the weather, i.e., one watering per week or less during winter, no watering during and following rains; replacement of sprinkler heads to more efficient sprinkler heads; raising the height of the mowers blades which encourages deeper, more drought -tolerant roots and will help the lawn retain the water longer and thereby require less water; replacing plants lost in the freeze with drought tolerant plants. These, along with other ideas you have, may be included in the plan. If there are any questions please call me at 333-6740 or the Water Conservation Officer Ms Holly Jones at 339-9026. Frank Beeler Assistant Water/Wastewater Superintendent FBlhaj cc: City Council Members 0491WB.04 Lodi Grape Festival Attention: Graham Stewart 413 East Lockeford Street Lodi, CA 95240 Lodi Unified School District Attention: Rick Hughes 815 West Lockeford Street Lodi, CA 95240 City of Lodi Attention: Glen Baltzer 1331 South Ham Lane Lodi, CA 95242 California Department of Transportation Attention: Larry Sheilds P.O. Box 2048 - Stockton, CA 95201 Lodi Driving Range Attention: George Sakurai 351 East Lockeford Street Lodi, CA 95240 NOTICE The Lodi City Council will be discussing water conservation at two public meetings in the Carnegie Forum, 305 West Pine Street, Lodi. Tuesday, April 2, 1991 at 7:00 a.m. Wednesday, April 3, 1991 at 7:30 p.m. For further information, call the City Clerk's office at 333-6702 Note: Please run normal bordered ad (2" col. x 2") os ^` "—')TICE OF PUBLIC HEARING L CITY Ot LOD! s„ Date:Apri 1 3, 1991 CARNEGIE FORUM 305 Nest Pine Street, Lodi Time: 7:30 p.m. For information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING April 3, 1991 NOTICE 1S HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) recommended changes of the Lodi Municipal Code Chapter 13.08 et seq. relating to water service and water wasting. 9M All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: tt Alice M. Reimche City Clerk Dated: March 20, 1991 .eoato for Bobby W. McNatt City Attorney