HomeMy WebLinkAboutOrdinance #3053 ORDINANCE NO. 3053
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
FINDING THE NECESSITY FOR AND ADOPTING
AN EMERGENCY WATER MANAGEMENT PROGRAM
WHEREAS, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1 . Declaration of Policy. California Water Code
Sections 375 et seq. permit public entities which supply water at
retail to adopt and enforce a water conservation program to reduce
the quantity of water used by the people therein for the purpose of
conserving the water supplies of such public entity. The City
Council hereby establishes a comprehensive water conservation
program pursuant to California Water CQdg Sections 375 et seq. ,
based upon the need to conserve water supplies and to avoid or
minimize the effects of any future shortage.
SECTION 2 . Findings. The City Council finds and determines
that a water shortage could exist based upon the occurrence of one
or more of the following conditions :
(A) A general water supply shortage due to increased demand or
limited supplies .
(B) A major failure of the supply, storage and distribution
facilities of the Metropolitan Water District of Southern
California, or of the City occurs .
(C) A local or regional disaster which limits the water supply.
The City Council also finds and determines that the conditions
prevailing in the Huntington Beach area require that the water
resources available be put to maximum beneficial use to the extent
to which they are capable, and that the waste or unreasonable use,
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or unreasonable method of use, of water be prevented and that the
conservation of such water encourage with a view to the maximum
reasonable and beneficial use thereof in the interests of the people
of the City and for the public welfare.
SECTION 3 . OEOA Exemption. The City finds that this Ordinance
and actions taken hereafter pursuant to this Ordinance are exempt
from the California Environmental Quality Act as specific actions
necessary to prevent or mitigate an emergency pursuant to Public
Resources Code Section 21080 (b) (4) and the California Environmental
Quality Act Guidelines Section 15269(c) . The City Administrator of
the City is hereby authorized and directed to file a Notice of
Exemption as soon as possible following adoption of this Ordinance.
SECTION 4 . Application. The provisions of this Ordinance shall
apply to all persons, customers, and property served by the City.
SECTION 5 . Authorization, The City' s Director of Public Works
and the City Administrator, or their designated representative, are
hereby authorized and directed by the City Council to implement the
provisions of this Ordinance; provided however that, any actions
taken by them pursuant herewith shall be confirmed at the earliest
practicable time by the City Council .
SECTION 6 . Mandatory Conservation Phase Implementation. The
City shall monitor the projected supply and demand for water by its
customers . The Director of Public Works shall determine the extent
of the conservation required through the implementation and/or
termination of particular conservation stages in order for the City
to prudently plan for and supply water to its customers . The City
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Council shall direct the City Administrator to order that the
appropriate stage of water conservation be implemented or terminated
at any time it determines appropriate in accordance with the
applicable provision of this Ordinance. However, in case of local
emergencies as defined under the Huntington Beach Municipal Code,
the City Administrator shall have the authority to order the
implementation of the appropriate stage of water conservation
subject to ratification by the City Council within seven days
thereafter or such order of the Director of Public Works shall have
no further force or effect .
SECTION 7. Penalty. As provided in Water Code Section 377, any
violation of this Ordinance is a misdemeanor. Upon conviction
thereof such person shall be punished by imprisonment in the county
jail for not more than 30 days, or by fine not exceeding one
thousand dollars ($1, 000 .00) , or by both. In addition to any other
remedies which the City may have for the enforcement of this
Ordinance, service of water shall be discontinued or appropriately
limited to any customer who willfully uses water in violation of any
provision hereof .
SECTION 8 . Effective Date and Publication. This Ordinance
shall become effective as of the date of adoption and shall be
published within ten days of adoption, pursuant to the California
Water Code Section 376 .
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PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 20th day
of August o 1990 .
Mayo r Pro-Tempore
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Administrat 6 r Director of Public Works
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Ord. No. 3053
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Cleric of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the Rlb, day ofAugLI&L
19 90 , and was again read to said City Council at a regular
meeting therof held on the 2oth day of August 19 90 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council ,
AYES: Councilmembers:
MacAllister, Winchell, Green, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays
I, wvie Brockway CITY CLERK of the City of
Huntington Beach and ex-officis CIA of the CRY
Council,do hereby cerVy d*a syno0s of fhis •
Ordinance has been ptAtished in the Daily Plot on City Clerk and ex-o f i c Clerk
tg 176- of the City Council of The City
In accordance with Ctt kyCharwofsaidCity. of Huntington Beach, California
Connie Brockway
City Clerk.
city Clerk