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Ord 696 ORDINANCE No. 696 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 8.94.050 AND ADDING CHAPTER 8.94.065 OF THE POWAY MUNICIPAL CODE PERTAINING TO WATER CONSERVATION WHEREAS, on December 2, 2008, the City Council of Poway adopted Ordinance No. 682 enacting a water conservation plan; and WHEREAS, minor changes have been made to Chapter 8.94.050, and Chapter 8.94.065 has been added to the Poway Municipal Code to reflect City Council action on June 2,2009, at which time a Level 2 Water Shortage Alert was declared. City Council action included limiting ornamental fountain operation to no more than six hours per day, and encouraging the use of pool covers rather than requiring them when the mandatory water reduction level is less than 15%. The addition of chapter 8.94.065 designates that Poway Unified School District water use for maintained landscaped areas and facilities be restricted at the same level as required of the City of Poway as a water agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS, that: Section 1: Chapter 8.94.050 of the Poway Municipal Code is amended as follows: 8.94.50 Conservation Levels B. Level 2 - Water Shortage Alert 2. Procedure The City Manager may declare a Water Shortage Response Level 2 and implement the mandatory Level 2 conservation measures identified in this chapter, with ratification by the City Council by resolution at their next regularly scheduled City Council meeting held in accordance with State law. The mandatory conservation measures applicable to a Water Shortage Response Level 2 condition shall take effect on the tenth (10th) day after the date the response level is declared, or upon an identified date thereafter. Within five (5) days following the declaration of the response level, the City shall publish a copy of the resolution in a newspaper of general circulation used for publication of official notices. The City of Poway may also post notice of condition on their website. The City Council may declare an end to a Water Shortage Response Level by adoption of a resolution at any regular or special meeting held in accordance with State law. '.' Ordinance No. 696 Page 2 3. Water Use Restrictions During a Level 2 Water Shortage Alert, the water use efficiency measures identified In PMC 8.94.040 and at Level 1 Water Shortage Watch are mandatory for all persons using City of Poway water in addition to the following mandatory conservation measures: a. Landscape watering shall be conducted only in conformance with landscape watering schedules and restrictions for commercial and residential properties approved by the City Manager. The watering schedule and restrictions may address factors such as how many days during the week, which days of the week, the amount of time per watering station, and other pertinent details. Watering of landscaped areas that are not irrigated by a landscape irrigation system shall be subject to the same watering schedule and restrictions, using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation. b. All leaks shall be repaired within seventy-two (72) hours of notification by the City of Poway, unless other arrangements are made with the City Manager. c. If the mandatorv reduction level is less than 15%, oGrnamental fountains or similar decorative water features shall not be operated for more than six hours per day. If the mandatorv reduction level is more than 15%. ornamental fountains shall not be operated unless reclaimed water is used. d. If the mandatorv reduction level is less than 15%. pool covers shall be encouraqed. but not required. If the mandatorv reduction level is more than 15%. pool covers shall be required. A. Level 3 - Water Shortage Critical 2. Procedure The City Manager may declare a Water Shortage Response Level 3 and implement the mandatory Level 3 conservation measures identified in this chapter, with ratification by the City Council by resolution at their next regularly scheduled City Council meeting held in accordance with State law. The mandatory conservation measures applicable to a Water Shortage Response Level 3 condition shall take effect on the tenth (10th) day after the date the response level is declared, or upon an identified date thereafter. Within five (5) days following the declaration of the response level, the City shall publish a copy of the resolution in a newspaper of general circulation used for publication of official notices. The City of Poway may also post notice of condition on their website. Ordinance No. 696 Page 3 The City Council may declare an end to a Water Shortage Response Level by adoption of a resolution at any regular or special meeting held in accordance with State law. B. Level 4 - Water Shortage Response Emergency. 2. Procedure The City of Poway shall declare a Water Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. The mandatory conservation measures applicable to a Water Shortage Response Level 4 condition shall take effect on the tenth (10th) day after the date the response level is declared, or upon an identified date thereafter. Within five (5) days following the declaration of the response level, the City shall publish a copy of the resolution in a newspaper of general circulation used for publication of official notices. The City of Poway may also post notice of condition on their website. The City Council may declare an end to a Water Shortage Response Level by adoption of a resolution at any regular or special meeting held in accordance with State law. Section 2: Chapter 8.94.065 is added to read as follows: 8.94.065 Poway Unified School District-Maintained Landscaped Areas and Facilities The provisions of this chapter apply to Poway Unified School District-maintained landscaped areas and facilities. with the exception of waterinq schedule restrictions. Water use shall be restricted at the same level as required of the City of Poway as a water aqency. Section 3: California Environmental Quality Act (CEQA). The City Council finds this Ordinance to be categorically exempt from CEQA requirements as a Class 7 categorical exemption pursuant to Section 15307 of the CEQA Guidelines, actions by regulatory agencies for protection of natural resources. Section 4: This Ordinance shall be codified. Ordinance No. 696 Page 4 EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 1st day of September, 2009, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 6th day of October, 2009. ATTEST: / - ~a . Troyan, MMC, City erk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 696, was duly adopted by the City Council at a meeting of said City Council held on the 6th day of October, 2009, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, REXFORD NOES: NONE ABSENT HIGGINSON, KRUSE DISQUALIFIED: NONE ~ . a A. Troyan, MMC City Clerk City of Poway