HomeMy WebLinkAboutOrdinance No. 2015-O4ORDINANCE NO. 2015-04
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, ADDING SUBSECTION (C) TO SECTION 78-511
TO AZUSA MUNICIPAL CODE CHAPTER 78 ARTICLE VI DIVISION 6,
PERTAINING TO DROUGHT PENALTIES
WHEREAS, Governor Gerry Brown issued an April 1, 2015 Executive Order requiring a
25% state-wide reduction for urban water usage from 2013 levels beginning June 1, 2015; and
WHEREAS, following the issuance of the Executive Order, the State Water Resources
Control Board issued draft regulations for implementing the 25% state-wide reduction, including a
tier system ranging from 8% to 36% reduction targets by water agency; and
WHEREAS, placement in the water reduction tiers was based on actual residential gallons
per capita per day water consumption for the July through September 2014 period; and
WHEREAS, Azusa Light & Water was placed in a 20% reduction target tier; and
WHEREAS, Azusa Light & Water issued a Phase III Water Shortage declaration effective
May 1, 2014 due to severe water shortage conditions and continuation of this drought declaration
was ratified by the Azusa Utility Board on April 27, 2015; and
WHEREAS, mandatory water use restrictions under Phase III has resulted in marginal usage
reductions; and
WHEREAS, Azusa Light & Water must meet the state requirement of a 20% water
reduction from 2013 levels or be subject to fines; and
WHEREAS, a mechanism is needed to help encourage customers to use water
conservatively; and
WHEREAS, the use of penalties is one mechanism to encourage compliance with mandatory
water conservation restrictions and the state's requirement of a 20% water reduction in the Azusa
Light & Water service territory; and
WHEREAS, the intent of the urgency ordinance is to further mitigate irresponsible uses of
water by using penalties to encourage compliance with mandatory water use restrictions and the state
mandate of a 20% water reduction, which went into effect June 1, 2015.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Urgency Findings. The City Council of the City of Azusa hereby adopts the
recitals set forth in the introduction to the Urgency Ordinance as findings to support adoption of the
provisions contained herein. This Urgency ordinance is enacted pursuant to Government Code,
Sections 36934 and 36937 for the immediate preservation of the public peace, health and safety.
SECTION 2: Amendment to AMC. Subsection (c) is hereby added to Section 78-511
(Notices, citations, penalties, charges, and service termination) of Division 6 (Conservation plan) of
Article VI (Water) of Chapter 78 (Utilities) of the Azusa Municipal Code to read as follows:
(c) Drought Penalties shall be imposed monthly during Phases III and IV Water Shortages and
applied as follows: $0.300 per CCF for Tier 1 usage in excess of exempted usage levels;
$0.600 per CCF for Tier 2 usage; $0.900 per CCF for Tier 3 usage; and $0.335 per CCF for
all Agricultural usage. Water usage under certain thresholds will be exempt from penalty.
Monthly exemption thresholds vary by meter size: the first 6 CCF will be exempt for 5/8",
1/4" and 1" meters; the first 25 CCF will be exempt for 1.5" and 2" meters; the first 50 CCF
will be exempt for 3" and 4" meters; and the first 100 CCF of consumption will be exempt
for all other customers. Drought Penalties will remain in effect during Phases III and IV
water shortage conditions or until the Director of Utilities, City Manager, and Utility Board
recommend/approve suspension of the penalty.
SECTION 3: Effective Date. This Urgency Ordinance shall take effect immediately upon its
adoption.
SECTION 4: This Ordinance is enacted pursuant to Government Code Section 36934 and
36937 for the immediate preservation of the public peace, health and safety.
SECTION 5: The City Clerk shall certify to the passage and adoption of this Ordinance,
causing it to be published/posted as required by law.
PASSED, APPROVED and ADOPTED this 22nd day of June, 2015.
oseph Roniero Rocha
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Urgency Ordinance No. 2015-04, was duly
introduced and adopted at a regular meeting of the Azusa City Council/Utility Board on the 22nd
day of June, 2015, by the following vote of the Council:
AYES: BOARDMEMBERS: ROCHA, MACIAS, GONZALES, CARRILLO, ALVAREZ
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
APPROVED AS TO FORM:
City Attor iey
Best Best" z Krieger, P