The full agenda including staff reports and supporting materials are available at City Hall.

Transcription

1 Date: April 13, 2015 (Monday) Time: 6:30 p.m. Place: City Council Chambers 350 North Valencia Blvd. Woodlake, CA In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, including auxiliary aids, translation requests, or other accommodations, or to be able to access this agenda and documents in the agenda packet, please contact City Hall at at least 3 days prior to the meeting. The full agenda including staff reports and supporting materials are available at City Hall. I. CALL TO ORDER & WELCOME II. III. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS This portion of the meeting is reserved for persons wishing to address the Council on items within its jurisdiction but not on this agenda. NOTE: Prior to action by the Council on any item on this agenda, the public may comment on that item. Unscheduled comments may be limited to 3 minutes. All items on the Consent Agenda are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. Items pulled from the Calendar will be considered separately. IV. CONSENT CALENDAR ACTION AND INFORMATION ITEMS Request Approval of the Consent Calendar Action Items (IV. A-C) A. Action: Approval of Minutes of the regular meeting held on March 23, 2015 (Pages 1-5) B. Action: Approval of Warrants (Pages 6-41) C. Action: Adoption of Resolution: Approval of the March 2015 Monthly Report of Investments (Pages 42-44)

2 V. ACTION/DISCUSSION ITEMS A. Action: Adoption of Resolution: Set Service Rates for Water in Accordance with Article XIID of the Constitution of the State of California (PUBLIC HEARING) (Pages 45-49) B. Action: Adoption of Resolution: Award the Water Meter Project Design and Engineering to the Best Qualified Firm Quad Knopf, Inc. (Pages 50-52) C. Action: Adoption of Resolution: Waive 2 nd Reading and Adopt an Ordinance Amending Section of the Municipal Code of the City of Woodlake, Updating Water Conservation Stages and Restrictions on Use of Potable Water, To Promote Conservation (Pages 53-60) VI. OTHER BUSINESS A. Information: Items from Staff B. Information: Items from Council Members C. Request from Council Members for Future Agenda Items VII. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Pursuant to subdivision (b) of Government Code Section NOTICE TO THE PUBLIC As provided in the Ralph M. Brown Act, Government Code sections et seq., the Governing Board may meet in closed session with members of its staff and its attorneys. These sessions are not open to the public and may not be attended by members of the public. The matters the Council will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the closed session will be made in accordance with Government Code sections VIII. ADJOURN The next scheduled City Council meeting will be held on Monday, April 27, 2015 at 6:30 p.m. at City Council Chambers located at 350 North Valencia Boulevard, Woodlake, CA City Council: Rudy Mendoza - Mayor Frances Ortiz - Vice Mayor Chuck Ray - Councilmember Greg Gonzalez Jr. - Councilmember Jose L. Martinez - Councilmember

3 WOODLAKE CITY COUNCIL MINUTES March 23, 2015 PRESENT: Councilmembers Mendoza, Ortiz, G. Gonzalez Jr. & Ray OTHERS: Lara, Waters, Marquez, Zacarias & Student Representative Keller ABSENT: Martinez FLAG SALUTE PUBLIC COMMENTS Laura Armstrong, 437 Cypress, Woodlake Ms. Armstrong, a representative for Kiwanis of Woodlake asked for a donation from Council for the July 3 rd Blast. This event is free to the community and donations help keep it that way. Also, Ms. Armstrong helps to coordinate the Western Week festivities and currently nothing is scheduled for May 4 th or 5 th. If anyone would like to add an event for either of these days, please contact Ms. Armstrong. Angel Sandoval, Avenue 198, Strathmore Mr. Sandoval reported the following: he is a representative for the History Society and their committee is inquiring what is needed to place a monument of Bravo Lake at the Botanical Gardens. He has gathered some historical information regarding Bravo Lake. Council asked Mr. Sandoval to keep them posted regarding this project. Brian Thoburn, 2425 S. Blackstone, Tulare Mr. Thoburn, a representative for Southern California Edison reported the following: new contact guide books are available and have been left for City staff. This is a good tool of information if you need to contact SCE. The last report of the Franchise Tax fees has been given to City Administrator Lara. Also, due to the drought, 80 megawatts of power have been added. One megawatt is enough to power over 1,000 homes. Mayor Mendoza asked if someone is needing to dig a well, when should SCE be contacted. Mr. Thoburn stated SCE should be contacted first so that they may be given a time frame as to when energy may be provided for the well. Rudy Garcia, 154 S. Pepper, Woodlake Mr. Garcia, a representative for the Woodlake Chamber of Commerce asked Council for assistance with the annual Car Show in the park. There will be no Cruise Night this year. IV. CONSENT CALENDAR ACTION AND INFORMATION ITEMS Request Approval of the Consent Calendar Action Items (IV. A-D) A. Action: Approval of Minutes of the regular meeting held on March 9, 2015 B. Action: Approval of Warrants C. Action: Adoption of Resolution: Approval of the Designation and Authorization of the City Administrator or Designee(s) to Act on Behalf of the City to Execute Applications and Agreement for the Governor s California Office of Emergency Services Financial Assistance D. Action: Adoption of Resolution: Approve the Agreement Between the County of Tulare and the City of Woodlake for Sheriff s Work Alternate Program 1

4 ON A MOTION BY GONZALEZ JR., SECOND BY ORTIZ IT WAS VOTED TO APPROVE THE CONSENT CALENDAR. APPROVED UNANIMOUSLY. V. ACTION/DISCUSSION ITEMS A. Action: Adoption of Resolution: Receive Public Comments, Waive 1 st Reading, and Set 2 nd Reading Date of an Ordinance Amending Section of the Woodlake Municipal Code PUBLIC COMMENTS NONE City employee Waters reported the following: the purpose of this public hearing is to give citizens an opportunity to make their comments known regarding the proposed amendments to the Water Conservation Stages Ordinance in the Woodlake Municipal Code and introduce the ordinance to the public and City Council. City Staff will present the amendments to City Council and the public at the meeting. City Staff will also recommend waiving the first reading of the ordinance and setting the date of April 13, 2015 as the second reading. Mayor Mendoza opened up the meeting to anyone to ask questions or voice their concerns. Denise Chavez, 389 Antelope, Woodlake Ms. Chavez stated she has no problem conserving water but is bothered to have to pay more for using less. Krystal Sandoval, Avenue 340, Woodlake Ms. Sandoval stated not everyone has heard about the need to conserve water. She asked Council to make this information more available. Rudy Garcia, 154 S. Pepper, Woodlake Mr. Garcia stated he has been doing his part to conserve water but gets upset to see others not doing their part. ON A MOTION BY ORTIZ, SECOND BY RAY IT WAS VOTED TO RECEIVE PUBLIC COMMENTS, WAIVE 1 ST READING AND SET DATE FOR 2 ND READING TO AMEND ORDINANCE. APPROVED UNANIMOUSLY. B. Action: Adoption of Resolution: Award the Construction of the City of Woodlake Roundabout Project to the Lowest Responsive Bidder, Emmett s Excavation, Inc. City Administrator Lara reported the following: the groundbreaking for the Roundabout will be April 3 rd at 10 am. Bids were collected for the construction of the Roundabout. Following is a list of contractors and the estimated cost for completion of the Roundabout: Emmett s Excavation, Inc. $2,828, Agee Construction, Inc. $2,973, Don Berry Construction, Inc. $3,033, Lee s Paving $3,241, Avison Construction, Inc. $3,290, American Paving Co. $3,369, City Administrator Lara asked Council to award the construction of the Roundabout to Emmett s Excavation. Councilmember Ortiz asked what other projects have this company done. Ron Bunting who is the General Manager for Emmett s stated they have done bridges at Plaza Drive and Mineral King in Visalia. Isabel Cardenas, 480 S. Palm, Woodlake Ms. Cardenas asked for Council to consider to not make streets a two way or one way, as it may confuse the residents. City Administrator Lara stated the City will be working with Caltrans for street closures and detours. 2

5 Lucy Cardenas, 309 S. Magnolia, Woodlake Ms. Cardenas stated the owner of General Food Store had talked to her regarding a few questions and concerns he had about the new construction coming soon. She stated he did not want to talk to the City directly because he didn t want us to think he was complaining. She asked City staff to continue to be open with the local businesses and continue to let them know what is happening and when it is happening. City Administrator Lara stated City staff welcomes questions and concerns from everyone. Mayor Mendoza stated we must continue to educate business owners and residents regarding upcoming construction projects. ON A MOTION BY RAY, SECOND BY ORTIZ IT WAS VOTED TO AWARD THE CONSTRUCTION OF THE CITY OF WOODLAKE ROUNDABOUT PROJECT TO THE LOWEST RESPONSIVE BIDDER, EMMETT S EXCAVATION, INC. APPROVED UNANIMOUSLY. C. Information: Adoption of Resolution: Award the Construction Management & Resident Engineer Services for the City of Woodlake Roundabout Project to the Best Qualified Firm VSCE, Inc. City Administrator Lara reported the following: the City Council authorized staff to procure construction management (CM) & resident engineer (RE) services for the City of Woodlake Roundabout Project. The City of Woodlake convened a panel to interview two firms that applied to provide CM & RE services. The following firms submitted a proposal: VSCE, Inc. 4Creeks, Inc. Central Valley Engineering and Surveying The interview panel determined that VSCE, Inc. was the most qualified firm. Staff recommends that Council award the CM & RE services for the City of Woodlake Roundabout Project to VSCE, Inc. Mayor Mendoza asked if they have done other projects for us in the past. City Administrator Lara stated yes, and the City has been very happy with their work. ON A MOTION BY GONZALEZ JR., SECOND BY RAY IT WAS VOTED TO AWARD THE CONSTRUCTION MANAGEMENT & RESIDENTAL ENGINEER SERVICES FOR THE CITY OF WOODLAKE ROUNDABOUT PROJECT TO THE BEST QUALIFIED FIRM VSCE, INC. APPROVED UNANIMOUSLY. D. Information: Water Updates Staff employee Waters reported the following: last month the City released an RFQ for Water Meter Engineering and Design Services. Responses to the RFQ were due by March 20 th. City Council will have an opportunity to select and approve a consultant for these services at the April 13 th City Council meeting pending the approval of the Proposition 218 process. E. Information: Draft City of Woodlake Fiscal Year 2015/2016 Budget Presentation City Administrator Lara presented the attached PowerPoint of proposed budget. VI. OTHER BUSINESS A. Information: Items from Staff 3

6 City Employee Waters reported he had attended a Council of Cities meeting and the topic was water management. Mayor Mendoza stated we all need to pay close attention to the formation of the ground water management as it will affect us all. City Administrator Lara reminded everyone about the Prop. 218 hearing scheduled for April 13 th at 6:30 pm. Chief Marquez reported April is Distracted Driver Awareness Month. There was a shooting on April 13, the victim is in critical condition and investigation is ongoing. There was a 12 yr. old boy hit by a vehicle on the corner of Whitney and Valencia. The driver was arrested for DUI. On March 25 th the DOJ will perform their biannual audit and inspect various cases. Councilmember Ortiz asked how the dog catching is going. Chief Marquez stated they have caught 20 more dogs and are now checking to make sure residences do not have more than they are allowed by City ordinance. Student Representative Keller reported there will be no more late start Wednesday s so if kids are roaming on Wednesday morning please call the school. Friday is a minimum day and Spring Break will be March 27 th thru April 7 th. City Clerk Zacarias reported the Homegrown Project had a City clean up on Saturday, March 21 st. Volunteers from the community and some high school students helped with the clean up around town. The Homegrown Project also cleaned various alleys. The City s Free Spring Clean Up is scheduled for April 16 th, 17 th and 18 th. Councilmember Ortiz reported she had family visiting from out of town and they were very impressed with the City and how good it looks. Councilmember Mendoza reminded everyone he will not be here the week of April 13 th. Also he will attend the League of Cities meeting in May and asked if anyone else was interested to please contact City Clerk Zacarias. C. Request from Council Members for Future Agenda Items VII. CLOSED SESSION NOTICE TO THE PUBLIC As provided in the Ralph M. Brown Act, Government Code sections et seq., the Governing Board may meet in closed session with members of its staff and its attorneys. These sessions are not open to the public and may not be attended by members of the public. The matters the Council will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the closed session will be made in accordance with Government Code sections VIII. ADJOURN The next scheduled City Council meeting will be held on Monday, April 13, 2015 at 6:30 p.m. at City Council Chambers located at 350 North Valencia Boulevard, Woodlake, CA City Council: Rudy Mendoza - Mayor Frances Ortiz - Vice Mayor Chuck Ray - Councilmember Greg Gonzalez Jr. - Councilmember Jose L. Martinez - Councilmember 4

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44 City of Woodlake AGENDA ITEM IV-C April 13, 2015 Prepared by Ramon Lara, City Staff SUBJECT: Action: Adoption of Resolution: Approval of the March 2015 Monthly Report of Investments BACKGROUND: Pursuant to Section of the Woodlake Municipal Code the Finance Department prepares a report listing all investments of the City of Woodlake. The City s temporary idle cash, those funds not immediately needed to pay current bills, is invested in accordance with the City s Investment Policy that was approved by Resolution No which was adopted on February 9, DISCUSSION: The first objective of the investment policy is to secure the safety of the invested funds. The second objective is to match the availability (liquidity) of the funds to the cash flow needs of the organization. The third objective, that is only considered after the first two objectives have been met, is yield, or the earnings rate. RECOMMENDATIONS: Staff recommends that Council approve the March 2015 Monthly Report of Investments as submitted. FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: 1. Resolution: Approval of the March 2015 Monthly Report of Investments 2. March Monthly Report of Investments 42

45 BEFORE THE CITY COUNCIL OF THE CITY OF WOODLAKE COUNTY OF TULARE STATE OF CALIFORNIA In the matter of: APPROVAL OF THE MARCH ) Resolution No: 2015 MONTHLY REPORT OF ) INVESTMENTS ) Councilmember, offered the following resolution and moved its adoption. Approve the City of Woodlake March 2015 Monthly Report of Investments. WHEREAS, pursuant to Section of the Woodlake Municipal Code, monthly, the Finance Department shall prepare a report listing of all investments of the City of Woodlake; and WHEREAS, the City s temporary idle cash, those funds not immediately needed to pay current bills, is invested in accordance with the City s Investment Policy that was approved by Resolution No NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to approve the City of Woodlake s March s 2015 Monthly Report of Investments. The foregoing resolution was adopted upon a motion of Councilmember, and seconded by, and carried by the following vote at the City Council meeting held on April 13, AYES: NOES: ABSTAIN: ABSENT: ATTEST: Frances Ortiz,Vice-Mayor Irene Zacarias, City Clerk 43

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47 City of Woodlake AGENDA ITEM V-A April 13, 2015 Prepared by Jason Waters, City Staff SUBJECT: Action: Adoption of Resolution: Set Service Rates for Water in Accordance with Article XIIID of the Constitution of the State of California (PUBLIC HEARING) BACKGROUND: For water, wastewater and solid waste rate increases, the California Constitution (Proposition 218) requires that local governments give a special form of mailed notice at least 45 days before holding a public hearing. Property owners may then submit a written protest to the proposed rate increases. DISCUSSION: Pursuant to Proposition 218, the City Council set a public hearing date and will receive written protests related to the increase of water rates for the City of Woodlake. If the City receives fewer than 1,040 protests (less than a majority of property owners), Council may adopt the proposed rate increase for water service. As summary of the proposed meter rates are found below: Table 1 - Annual Base Rate Increase for Typical Residential Customers (3/4 Meter) Current Rate Year 1 Year 2 Year 3 Year 4 Year 5 (FY ) (FY ) (FY ) (FY ) (FY ) $28.50 $30.20 $31.90 $33.60 $35.30 $37.00 Table Base Rate Calculation By Meter Size Meter Size in Inches 5/8 $ /4 $ $ $ $ $ $ $ *Base rates approved by USDA. Proposed Base Rate 45

48 Table 3 Variable Usage Rate Calculation for July 1, 2016 Tier Tier Cap in Gallons Price per 1,000 Gallons 1 (over) 10,001 $ ,000 $ ,000 $ ,000 $ (over) 40,001 $0.28 RECOMMENDATIONS: Staff recommends that Council approve the rate increase if the City receivers fewer than 1,040 protests. FISCAL IMPACT: The new rate structure will have no impact on the City s General Fund. The rate study indicates that revenues generated by the rate increase will cover the City s costs to operate and maintain the City s water system. ATTACHMENTS: 1. Resolution: Set Service Rates for Water in Accordance with Article XIIID of the Constitution of the State of California 46

49 BEFORE THE CITY COUNCIL OF THE CITY OF WOODLAKE COUNTY OF TULARE STATE OF CALIFORNIA In the matter of: SETTING SERVICE RATES FOR WATER IN ) Resolution No. ACCORDANCE WITH ARTICLE XIIID OF THE ) CONSTIUTION OF THE STATE OF CALIFORNIA ) Councilmember, offered the following resolution and moved its adoption. Set Service Rates for Water in Accordance with Article XIID of the Constitution of the State of California WHEREAS, the City of Woodlake provides water service to its customers who pay for such services; WHEREAS, the City Council previously directed City staff to proceed with a rate study for water service in preparation for a public hearing to determine and set new rates for water service that shall apply to all parcels located within the territorial boundaries of the City; WHEREAS, pursuant to Proposition 218, on February 9 th the City Council adopted a resolution No which set a public hearing for April 13, 2015 to consider proposed water rate increases based on the completed rate study and to consider all of the valid written protests submitted under the protest rules specified within Resolution No and the notice of public hearing approved by the City Council; WHEREAS, at least forty-five (45) days before the date set for the public hearing, City staff finalized the City Council-approved notice of public hearing and mailed it to all property owners and tenants that are customers of the City on or about February 25, 2015; WHEREAS, pursuant to Proposition 218, on April 13, 2015 the City Council held a public hearing and considered staff reports, public comments, the completed rate study for water services, the proposed water rate increases, and all valid written protests and objections; WHEREAS, based on the final rate study report accepted by the City Council, the proposed rate increases for water service do not exceed the reasonable cost of providing water services; and WHEREAS, at the public hearing held on April 13, 2015, all written protests to the proposed water service rate increases which were timely received were counted by the City Clerk and the City Council reported that a total of valid written protests were timely received and said number does not constitute a majority of affected parcels 47

50 NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE THAT: Meter Size in Inches 1. The foregoing recitals are true; 2. Adopted the water service rates scheduled over the next five (5) years, as listed below: Table 1: Annual Base Rate for Meters (Excludes Potential CPI Escalation) Current Year 1 Year 2 Year 3 Year 4 Rate (2016) (2017) (2018) (2019) Year 5 (2020) 5/8 N/A $28.49 $29.06 $29.64 $30.23 $ /4 $28.50 $30.20 $31.90 $33.60 $35.30 $ $51.25 $45.57 $46.48 $47.41 $48.36 $ $ $68.36 $69.73 $71.12 $72.54 $ $ $91.15 $92.97 $94.83 $96.73 $ N/A $ $ $ $ $ N/A $ $ $ $ $ N/A $ $ $ $ $ *Rates as approved by USDA. Table 2: Variable Usage Rate Calculation for July 1, 2016 (Excludes Potential CPI Escalation) Tier Tier Cap in Gallons Price per 1,000 Gallons 1 (over) 10,001 $ ,000 $ ,000 $ ,000 $ (over) 40,001 $ Directed that the new rates for water service shall become effective commencing on July 1, 2016 and shall not exceed the amounts specified in Table 1 and Table 2, shown above; and 4. Authorized the rates and all portions of this resolution to be severable such that, if any of the rates or any portion of this resolution is found invalid and unenforceable by a court of competent jurisdiction, all other valid rates and/or portions of this resolution shall be, and continue, in full force and effect; and 5. All rates may be adjusted by the annual consumer price index (CPI) by City Council approval. The CPI adjustment will be based on the most recent 12 months available and shall be calculated as the average of the Consumer Price Index All Urban Consumers (CPI- U) for the San Francisco, Oakland, and San Jose area and the Los Angeles, Riverside, Orange County area. All fixed rates shall be rounded off to the nearest $.25 and all variable rates shall be rounded off to the nearest $.01. This may not come into effect until June 30,

51 6. Seniors, Duplexes, Apartments, Mobile Homes and Trailers may be eligible for a base rate reduction of $1.00 per unit. 7. The rate for Non-Residential water for construction purposes will be $750 refundable deposit for the use of the Water Flow Meter, a $20 account setup fee per project, and $0.10 per gallon charge. The foregoing resolution was adopted upon a motion of Councilmember., and seconded by Councilmember, and carried by the following vote at the City Council meeting held on April 13, AYES: NOES: ABSTAIN: ABSENT: ATTEST: Frances Ortiz, Vice-Mayor Irene Zacarias, City Clerk 49

52 AGENDA ITEM V-B April 13, 2015 Prepared by Jason Waters, City Staff SUBJECT: City of Woodlake Action: Adoption of Resolution: Award the Water Meter Project Design and Engineering to the Best Qualified Firm Quad Knopf, Inc. BACKGROUND: On February, , the City Council of the City of Woodlake authorized staff to go out for bid for the Water Meter Project Design and Engineering. The City has received funding from USDA to install water meters in Woodlake and Wells Tract. The City currently has no operational water meter system and all water users are being charged fixed rates for their water service. Once installed, the meters will be used to determine usage and the City will charge users based on their water usage. DISCUSSION: The City of Woodlake convened a panel to interview two firms that applied to provide Water Meter Project Design and Engineering services. The following three firms submitted a proposal and two firms were interviewed: Quad Knopf, Inc. 4Creeks, Inc. Central Valley Engineering and Surveying All firms were qualified and capable of providing Water Meter Project Design and Engineering services for the City. Based on the application and interview process, the panel determined that Quad Knopf Inc. was the most qualified firm. RECOMMENDATIONS: Staff recommends that Council award the Water Meter Project Design and Engineering services for the City of Woodlake to Quad Knopf Inc. FISCAL IMPACT: There is no fiscal impact to the City of Woodlake General Fund. The project will be funded via a USDA grant and loan that will be repaid via the City s Water Fund. 50

53 ATTACHMENTS: 1. Resolution: Award the Water Meter Project Design and Engineering to the Best Qualified Firm Quad Knopf Inc. 51

54 BEFORE THE CITY COUNCIL OF THE CITY OF WOODLAKE COUNTY OF TULARE STATE OF CALIFORNIA In the matter of: AWARD THE WATER METER PROJECT DESIGN ) Resolution No. AND ENGINNEERING TO THE BEST QUALIFIED ) FIRM QUAD KNOPF INC ) Councilmember, offered the following resolution and moved its adoption. Award the Water Meter Project Design and Engineering to the Best Qualified Firm Quad Knopf, Inc. WHEREAS, the City has received funding from USDA to install water meters in Woodlake and Wells Tract; and, WHEREAS, the City has received authorization from USDA to begin the design and engineering portion of the City s water meter project; and, WHEREAS, the City will need to hire a qualified engineering firm to prepare the final engineering designs, including drawings and specifications, for the installation of water meters for each connection in the city. WHEREAS, on February 9, 2015, the City Council of the City of Woodlake authorized staff to procure design and engineering services for water meters; and NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to award the water meter project design and engineering to the best qualified firm Quad Knopf, Inc. The foregoing resolution was adopted upon a motion of Councilmember, and seconded by Councilmember, and carried by the following vote at the City Council meeting held on April 13, AYES: NOES: ABSTAIN: ABSENT: ATTEST: Frances Ortiz, Vice-Mayor Irene Zacarias, City Clerk 52

55 AGENDA ITEM V-C April 13, 2015 Prepared by Jason Waters, City Staff SUBJECT: City of Woodlake Action: Adoption of Resolution: Waive 2 nd Reading and Adopt an Ordinance Amending Section of the Municipal Code of the City of Woodlake, Updating Water Conservation Stages and Restrictions on Use of Potable Water, To Promote Conservation BACKGROUND: At the March 9, 2015 City Council meeting, City Staff introduced a draft update to the City s Water Conservation Ordinance. Council received public comments at the March 23 rd hearing and waived the 1 st reading of the ordinance. DISCUSSION: The amendment to the City s Water ordinance adds an additional water conservation stage and introduces a system where lawn watering days are reduced or increased based on the month. The text of the ordinance is attached with this staff report. RECOMMENDATIONS: City staff recommends that Council waive the 2 nd reading and adopt an ordinance amending Section of the Woodlake Municipal Code. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution: Waive 2 nd Reading and Adopt an Ordinance Amending Section of the Municipal Code of the City of Woodlake, Updating Water Conservation Stages and Restrictions on Use of Potable Water, To Promote Conservation 53

56 BEFORE THE CITY COUNCIL OF THE CITY OF WOODLAKE COUNTY OF TULARE STATE OF CALIFORNIA In the matter of: AN ORDINANCE AMENDING SECTION ) OF CHAPTER 12 OF TITLE 13 OF THE ) MUNICIPAL CODE OF THE CITY OF WOODLAKE) UPDATING WATER CONSERVATION STAGES ) AND RESTRICTIONS ON USE OF POTABLE ) WATER, TO PROMOTE CONSERVATION ) Resolution No. Councilmember, offered the following resolution and moved its adoption. Waive 2 nd Reading and Adopt an Ordinance Amending Section of the Municipal Code of the City of Woodlake, Updating Water Conservation Stages and Restrictions on Use of Potable Water, To Promote Conservation WHEREAS, the City of Woodlake wishes to update Section Water Conservation Stages of the Woodlake Municipal Code; and WHEREAS, the City of Woodlake wishes to amend the Municipal Code to include additional conservation measures; and NOW, THEREFORE, THE CITY OF WOODLAKE DOES ORDAIN AS FOLLOWS: Section 1. PURPOSE. The provisions of this ordinance are intended in order to promote the public health, safety, comfort and general welfare, to provide a plan for a sound and appropriate response to varying levels of water conservation needs. Section 2. CODE AMENDMENT. Section within Title 13, Chapter 12 of the Woodlake Municipal Code is hereby revised to read in its entirety as follows: SECTION : Water Conservation Stages. No one within the city shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, governmental or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to action taken by the city council. By resolution the city council, will from time to time, put into effect the following stages applicable to water use within the city. A. STAGE 1: Prohibition on Water Waste. The following uses of water are defined as "waste of water" and are prohibited except as otherwise authorized. The restrictions shall apply to all persons year round unless a more stringent water conservation stage is implemented. 1. The use of water which allows substantial amounts of water to run off to a gutter, ditch or drain. Every water user is deemed to have her/his/its water distribution lines and facilities under her/his/its control at all times and to know the manner and extent of her/his/its water use and excess 54

57 run-off. Overwatering of lawns, gardens, landscaped areas, trees, shrubs or other plants must be avoided; 2. The use of water for evaporative (swamp) coolers without recirculation pumps is strictly prohibited; 3. The excessive use, loss or escape of water through breaks, leaks or malfunctions in the water user's plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty-eight (48) hours after discovery is a reasonable time within which to correct such leak or break; 4. The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios or other paved areas without the use of a positive shut-off, except where necessary to dispose of liquids or substances that would endanger the public's health and/or safety; 5. The emptying and refilling of water to swimming pools and/or spas between the hours of eleven a.m. (11 A.M.) and six p.m. (6 P.M.) local time from June 1st through August 31st. B. Stage 2: Partial Voluntary Compliance Water Alert. Effective June 1st through August 31st, the following restrictions shall apply to all persons. All elements of Stage 1 shall remain in effect in Stage 2, except that: 1. Irrigation utilizing individual sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted only on designated days between seven p.m. (7 P.M.) and ten a.m. (10 A.M.) local time. No watering during the day between ten a.m. (10 A.M.) and seven p.m. (7 P.M.) local time. Excessive watering beyond beneficial use is prohibited. Irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at any time if: a. A hand-held hose with a positive shut-off nozzle is used; or b. A hand-held faucet-filled bucket of five gallons or less is used; or c. A drip or mist irrigation system is used. Exception: City parks, other city maintained properties, commercial nurseries, similar establishments, and new landscapes are exempt from Stage 2 irrigation restrictions, but will be requested to curtail all nonessential water use. 2. Designated days are: a. Even numbered addresses: January: Wednesday and Sunday February: Wednesday and Sunday March: Wednesday and Sunday April: Wednesday and Sunday May: Wednesday, Friday, and Sunday June: Wednesday, Friday, and Sunday July: Wednesday, Friday, and Sunday August: Wednesday, Friday, and Sunday September: Wednesday, Friday, and Sunday October: Wednesday and Sunday November: Wednesday and Sunday December: Wednesday and Sunday b. Odd numbered addresses: January: Tuesday and Saturday 55

58 February: Tuesday and Saturday March: Tuesday and Saturday April: Tuesday and Saturday May: Tuesday, Thursday, and Saturday June: Tuesday, Thursday, and Saturday July: Tuesday, Thursday, and Saturday August: Tuesday, Thursday, and Saturday September: Tuesday, Thursday, and Saturday October: Tuesday and Saturday November: Tuesday and Saturday December: Tuesday and Saturday 3. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is permitted only on designated irrigation days. Such washing, when allowed, shall be done with a hand-held bucket and/or a hand-held hose equipped with a positive shutoff nozzle for quick rinses and shall be performed only on the vehicles and other equipment owned by the occupant of the property. The washing of such vehicles and other equipment should be performed on lawn areas to obtain maximum beneficial use of the water and to reduce runoff waste. Exception: Washing may be done at any time on the immediate premises of a commercial car wash. Car washes by nonprofit community group(s) or organizations may be permitted subject to the following: a. Permit for car wash must be obtained from the city; b. Responsible person or persons shall sign the permit, assure compliance with regulations and remain at the site the entire time the car wash is taking place; c. Organization or group applying for a car wash permit shall provide written authorization from the property owner authorizing the car wash on their property; d. No more than two car washes shall be allowed per month. Permits will be issued on a first come first serve basis except two consecutive permits shall not be issued to the same organization or group unless no other organization or group applies for a permit; e. Hours of operation shall be from nine a.m. (9 A.M.) to six p.m. (6 P.M.); f. Washing shall be done with a hand-held bucket and/or hand held hose equipped with a positive shut off nozzle for quick rinses; g. All car wash activities shall stop immediately upon the direction of a Woodlake police officer or Woodlake public works employee. Vehicle/equipment washing may be exempted from these regulations if the health, safety and/or welfare of the public is contingent upon frequent vehicle cleanings, such as garbage and septic hauling trucks and vehicles used to transport food and perishables. 4. The emptying and refilling of water in swimming pools and or spas will be allowed on designated days between the hours of seven p.m. (7 P.M.) and ten a.m. (10 A.M.) local time. 5. The operation of any ornamental fountain, waterfall or other structure making similar use of water is prohibited unless it uses a recycling system, such as an electric pump. 6. The washing of sidewalks, driveways, parking areas, courts, patios or other paved areas is absolutely prohibited, unless it is necessary for the health and/or safety of the public. 7. All restaurants are requested to serve water only upon specific customer request. 56

59 C. Stage 3. Mandatory Compliance Water Warning. Upon implementation by city council and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 2 shall remain in effect in Stage 3, except that: 1. All outdoor irrigation of vegetation, including irrigation of city parks, schools, houses, business and district lawns, shall occur only between eight p.m. (8 P.M.) and ten a.m. (10 A.M.) local time on designated days. No watering during the day between ten a.m. (10 A.M.) and eight p.m. (8 P.M.) local time. 2. Designated days are: a. Even numbered addresses: January: Sunday February: Sunday March: Wednesday and Sunday April: Wednesday and Sunday May: Wednesday, Friday, and Sunday June: Wednesday, Friday, and Sunday July: Wednesday, Friday, and Sunday August: Wednesday, Friday, and Sunday September: Wednesday, Friday, and Sunday October: Wednesday and Sunday November: Wednesday and Sunday December: Sunday b. Odd numbered addresses: January: Saturday February: Saturday March: Tuesday and Saturday April: Tuesday and Saturday May: Tuesday, Thursday, and Saturday June: Tuesday, Thursday, and Saturday July: Tuesday, Thursday, and Saturday August: Tuesday, Thursday, and Saturday September: Tuesday, Thursday, and Saturday October: Tuesday and Saturday November: Tuesday and Saturday December: Saturday 3. The draining and refilling of swimming pools and/or spas shall be by permit only issued by the city council. 4. All restaurants must serve water only upon specific customer request. D. Stage 4: Mandatory Compliance Water Emergency. Upon implementation by the city council and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 3 shall remain in effect in Stage 4, except that: 57

60 1. All outdoor irrigation of vegetation shall be allowed only between eight p.m. (8 P.M.) and six a.m. (6 A.M.) local time on designated days. No watering during the day between six a.m. (6 A.M.) and eight p.m. (8 P.M.) local time. 2. Designated days are: a. Even numbered addresses: January: No Watering February: No Watering March: Sunday April: Sunday May: Wednesday and Sunday June: Wednesday and Sunday July: Wednesday and Sunday August: Wednesday and Sunday September: Wednesday and Sunday October: Wednesday and Sunday November: Sunday December: No Watering b. Odd numbered addresses: January: No Watering February: No Watering March: Saturday April: Saturday May: Tuesday and Saturday June: Tuesday and Saturday July: Tuesday and Saturday August: Tuesday and Saturday September: Tuesday and Saturday October: Tuesday and Saturday November: Saturday December: No Watering 3. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and not in the immediate interest of the public health, safety and/or welfare shall be prohibited. 4. The use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety and/or welfare of the citizens of Woodlake. 5. Commercial nurseries shall water only on designated days and shall use only hand-held hoses, drip or mist irrigation systems, or hand-held buckets between the hours of six a.m. (6 A.M.) and eight p.m. (8 P.M.) local time; otherwise, sprinklers are permitted only between eight p.m. (8 P.M.) and six a.m. (6 A.M.) local time on designated days. 6. The operation of any ornamental fountain, waterfall or similar structure is prohibited. 7. The draining and refilling of swimming pools is prohibited. 58

61 E. Stage 5: Mandatory Compliance Extreme Water Crisis. Upon implementation by the city council and publication of notice, the following restrictions shall apply to all persons. All elements of Stage 4 shall remain in effect in Stage 5, except that: 1. All outdoor irrigation of vegetation is prohibited. 2. Washing of vehicles shall be done only by a commercial car wash using recycled or reclaimed water. 3. Designated days are: a. Even numbered addresses: January: No Watering February: No Watering March: No Watering April: No Watering May: No Watering June: No Watering July: No Watering August: No Watering September: No Watering October: No Watering November: No Watering December: No Watering b. Odd numbered addresses: January: No Watering February: No Watering March: No Watering April: No Watering May: No Watering June: No Watering July: No Watering August: No Watering September: No Watering October: No Watering November: No Watering December: No Watering Section 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section [14 C.C.R ]. 59

62 Section 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Woodlake, or any official, employee or agent thereof. Section 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Woodlake hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Woodlake Municipal Code as amended by this ordinance are substantially the same as provisions in the Woodlake Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments. Section 8. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Sun Gazette, a newspaper printed and published in the City of Woodlake, State of California, together with the names of the Council members voting for and against the same. The foregoing resolution was adopted upon a motion of Councilmember, and seconded by Councilmember, and carried by the following vote at the City Council meeting held on April 13, AYES: NOES: ABSTAIN: ABSENT: ATTEST: Frances Ortiz, Vice Mayor Irene Zacarias, City Clerk 60