Ordinance No. 11151
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ORDINANCE NO. 1115 �D
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTIONS 25.102, 25.103(b),
25.104(c) AND 25.105(d) OF ARTICLE VI TO CHAPTER 25
OF THE CODE OF THE CITY OF VERNON, CALIFORNIA,
1959, RELATING TO WATER CONSERVATION RESTRICTIONS
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
lCalifornia; and
WHEREAS, by adoption of Ordinance No. 995 on March 19, 1991,
the City Council of the City enacted water conservation restrictions,
which are codified in Article VI of Chapter 25 of the Vernon City Code
land
WHEREAS, on December 7, 2005, the City Council of the City
adopted Resolution No. 8914 adopting an Urban Water Management Plan for
2005-2009; and
WHEREAS, Vernon City Code Sections 25.104(c) and 25.105(d)
(base water consumption data on the customer's premises during the
corresponding billing period during the 1989 calendar year and such
water consumption and customers have dramatically varied since 1989 and
data from this time is no longer available; and
WHEREAS, the Director of Community Services & Water has
recommended that the City base its drought restrictions on readily
available current information that more closely reflects the water
consumption of the community prior to the drought and that Sections
25.104(c) and 25.105(d) of Chapter 25 of the Vernon City Code be
amended to restrict a customer's water usage to 85% or 80% of the
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amount of water used for the corresponding billing period two years
preceding the City declaring a water shortage; and
WHEREAS, Sections 25.102 and 25.103(b) of Article VI of
Chapter 25 of the Vernon City Code contain references to items that
that have been renumbered or repealed that need to be corrected; and
WHEREAS, the City Council finds and determines that it is in
the interests of the public health, safety and welfare to implement the
recommendations of the Director of Community Services and Water and to
update certain code sections, as set forth in this Ordinance; and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
ordinance or code previously adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
(finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Section 25.102 of Article VI of Chapter 25, Water Conservation,
lof the Vernon City Code to read as 'follows:
Sec. 25.102. Determination of Water Shortage.
Whenever the city council of the City of Vernon
determines that an increase in water shortage has
occurred and that corrective measures shall be
undertaken pursuant to Phase I Shortage, Phase II
Shortage, or Phase III Shortage, a notice thereof
shall be posted in three (3) of the most public
places in the City, to wit: the northwest corner
of 38th Street and Santa Fe Avenue, the northeast
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1 corner of Leonis Boulevard and Pacific Boulevard,
2 and on the bulletin board located outside on the
3 wall near the second floor entrance to the City
4 Hall of said City, located at 4305 Santa Fe Avenue,
5 all in the City of Vernon, County of Los Angeles,
6 State of California.
7 A copy of said notice shall be sent with each water
8 bill. Any prohibitions or limitations on the use
9 of water shall become effective thirty (30) days
10 after such postings.
11 SECTION 3: The City Council of the City of Vernon hereby
12 amends Section 25.103(b) of Article VI of Chapter 25, Water
13 Conservation, of the Vernon City Code to read as follows. The balance
14 of Section 25.103 shall remain unchanged.
15 Sec. 25-103. Phase I Shortage.
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17 (b) Washing of buildings, facilities, equipment,
18 motor vehicles, trailers, boats and other types of
19 mobile equipment shall be done with a hand-held
20 bucket or a hose equipped with a positive shutoff
21 nozzle for quick rinses; provided that no such
22 waste shall be discharged in violation of Vernon
23 City Code section 21.5.1. Washing is permitted at
24 any time on the immediate premises of a licensed
25 commercial car or truck wash.
26 SECTION 4: The City Council of the City of Vernon hereby
27 amends Section 25.104(c) of Article VI of Chapter 25, Water
28 Conservation, of the Vernon City Code to read as follows. The balance
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1 of Section 25.104 shall remain unchanged.
2 Sec. 25-104. Phase II Shortage.
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4 (c) No customer shall make, cause, use or permit
5 the use of city water for any purpose in excess of
6 eighty-five percent (85%) of the amount used for
7 the same corresponding monthly billing permit two
8 (2) years preceding the city council declaring a
9 Phase II water shortage.
10 SECTION 5: The City Council of the City of Vernon hereby
11 amends Section 25.105(d) of Article VI of Chapter 25, Water
12 Conservation, of the Vernon City Code to read as follows. The balance
13 of Section 25.105 shall remain unchanged.
14 Sec. 25-105. Phase III Shortage.
15
16 (d) No customer shall make, cause, use or permit
17 the use of city water for any purpose in excess of
18 eighty percent (800) of the amount used for the same
19 corresponding monthly billing period two (2) years
20 preceding the city council declaring a Phase III
21 water shortage.
22 SECTION 6: There being no newspaper printed, published or
23 circulated in the City of Vernon, the City Clerk is hereby directed to
24 certify to the passage of this Ordinance and shall post the same, or
25 cause the same to be posted, within fifteen (15) days after its passage
26 in accordance with Section 36933 of the Government Code, in three (3)
27 of the most public places in the City of Vernon, to wit: the northwest
28 corner of 38th Street and Santa Fe Avenue, the northeast corner of
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Peonis Boulevard and Pacific Boulevard, and on the bulletin board
located outside on the wall near the second floor entrance to the City
Hall of said City, located at 4305 Santa Fe Avenue, all in the City of
Vernon, County of Los Angeles, State of California.
SECTION 7: If any section, subsection, subdivision,
paragraph, sentence, clause, phrase or word of this Ordinance or any
part thereof is for any reason held to be void or unconstitutional or
invalid or ineffective by a court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof; it being the
intention of the City Council of the City of Vernon to have passed and
adopted this Ordinance and each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof irrespective of the fact
that one or more of the sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases thereof may be
declared to be unconstitutional or invalid or ineffective.
SECTION 8: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 9: Violation of this ordinance or any part thereof
is punishable by a fine of not more than One Thousand Dollars, or by
imprisonment in the County Jail for a period of not more than six (6)
months, or by both such fine and imprisonment. Each day or any portion
thereof during which any violation of any provision of this ordinance
is committed, continued or permitted, constitutes a separate and
individual offense.
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SECTION 10: This Ordinance shall be in full force and effect
thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this day of May, 2006.
ATTEST:
BRUCE VAALKENHORST, JR.
Acting City Clerk
LEONIS C. MALBURC, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being Ordinance
No. 1115 was duly and regularly introduced at an adjourned regular
meeting of the City Council of the City of Vernon, held on Wednesday,
May 3, 2006, and thereafter finally adopted at a regular meeting of the
City Council held on Wednesday, May 24, 2006, and thereafter was duly
signed by the Mayor of the City of Vernon, by the following vote:
(SEAL)
AYES:
Councilmen:
Mayor
Malburg, Ybarra, Davis,
Gonzales, McCormick
NOES:
Councilmen:
None
ABSTAINED:
Councilmen:
None
ABSENT:
Councilmen:
None
;9&ity
MALKENHORST, JR.
Clerk
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 Santa Fe Av ue, Vernon, California 90058
tel one (323) 583-8811
June 5, 2006
California State Libra
Law Serials Unit
Attn: Beverly Butle
P.O. Box 942837
Sacramento, CA 942 7-0001
Dear Ms. Butler:
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Enclosed for y9l r records is a copy of Ordinance No. 1115 to be
incorporated to the Vernon Municipal Code.
If you have 4ny questions, please call me at 323/583-8811 ext. 266.
NG:dr
C: OrdinJ Lnce No. 1115
Very truly yours,
Nelly Giron,
Deputy City Clerk
'ExcruAlVero wubugtria(
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, William Wilson, Code Inspector, of the City of Vernon do hereby
certify that on the ist day of June 2006, I did post three (3) copies
of:
ORDINANCE NO. 1115 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON AMENDING SECTIONS 25.102, 25.103(b), 25.104(c) AND
25.105(d) OF ARTICLE VI TO CHAPTER 25 OF THE CODE OF THE CITY OF
VERNON, CALIFORNIA, 1959, RELATING TO WATER CONSERVATION
RESTRICTIONS
On each of the following places, to wit: on the bulletin board outside
the main entrance to the City Hall of the City of Vernon located at
4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa
Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.,
all in said City, there being no newspaper of general circulation
printed and published in the City of Vernon.
Date: /� ' b0 LjZjI.OW►n j
William Wilson
Code Inspector
State of California )
) ss
County of Los Angeles)
On ,Q, fbefore me,
per rally appeared
per ovally known to me (
ev,'�) to be the person (.&) whose name �s) is/-a-r-e subscribed to the
instrument and acknowledged to me that he/:5 t y executed the
same in his/hem `� therr authorized capacity, and that by his/tre'tthit,�
signatureO on the instrument the person(s), or the entity upon
behalf of which the person(-sj acted, executed the instrument.
WI ESS my hand and official seal
MANUELA C'tRt3N
Commission # 161138a r
Notary Pubft - Cwffomio
Los ArggW County
L4PIMV COMM. Expires Nov 4,2004
CERTIFICATE
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES)
I, Manuela Giron, Deputy City Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the attached is a full and complete copy of:
ORDINANCE NO. 1115 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON AMENDING SECTIONS
25.102, 25.103(b), 25.104(c) AND 25.105(d) OF
ARTICLE VI TO CHAPTER 25 OF THE CODE OF THE CITY OF
VERNON, CALIFORNIA, 1959, RELATING TO WATER
CONSERVATION RESTRICTIONS
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this , day of_l ay- 2006.
SEAL:
Manuela Giron
Deputy City Clerk
� 9
CITCOUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. `BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
At AftW",
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
June 5, 2006
Coded Systems
Attn: Mary Beth Smith
120 Main Street
Avon, New Jersey 07717
Dear Ms. Smith:
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Enclosed herewith is a copy of Ordinance No. 1115 to be incorporated
into the Vernon Municipal Code.
Prior to the final incorporation of this supplement, please FAX or
mail us a draft copy for our review. Our fax number is 323/826-1438.
We will notify you at our earliest convenience if we are in
concurrence, or of any discrepancies.
After final review, forward 66 sets of the supplement to my attention.
If you have any questions, please call me at 323/583-8811 ext. 266.
NG:dr
c: Ordinance No. 1115
Coded Systems File
y truly yours,
I Z�
c
elly 1 n
Deputy City Clerk
'Exclugludy wubugtrial
$
Iva C
Of
d��ir iHvo /a n
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
REVISED
C-14 & W-12
TO: Bruce V. Malkenhorstt,,,J�r., Acting City Clerk
FROM: Samuel Kevin Wilson -,Director of Community Services & Water
DATE: April 24, 2006 p 9 D . ! I
SUBJECT: CODE AMENDMENT — WATER CONSERVATION RESTRICTIONS
The City recently updated its Urban Water Management Plan. In reviewing the City code to prepare
this document City staff discovered that Sections 25.103(b), 25.104(c) and 25.105(d) need to be updated.
Section 25.102 needs to be amended to reflect the City's current posting locations.
Section 25.103(b) needs to be amended to reflect the proper code reference to Section 21.5.1.
Sections 25.104(c) and 25.105(d) prescribe that during a Phase II or Phase III water shortage no
customer shall make, cause or permit the use of City water for any purpose in an amount in excess of 85% or
80% of the amount used on the customers premises during the corresponding billing period during the 1989
calendar year.
Water consumption and customers have dramatically varied since 1989 and will only continue to vary
as time goes on. Data from this time is no longer available. City staff is of the opinion that a more appropriate
time frame would be two years prior to the City declaring a water shortage.
Therefore staff is recommending that the City code be amended to restrict a customers water usage to
85% of the amount of water used for the corresponding billing period two years preceding the City declaring a
water shortage for a Phase II shortage and 80% for a Phase III water shortage. With this in place the City can
base its drought restrictions on readily available current information that more closely reflects the water
consumption of the community prior to the drought.
The City currently utilizes a combination of City owned well water rights and purchased water from the
Metropolitan Water District (MWD) to make up the 10,500 acre feet of water needed to supply the City's
customer base. In the unlikely event that MWD could not provide the City with water, during a drought the
City would require a 20% reduction of water usage by City's customers. The remaining 80% of the water need
could be produced from City owned well water.
Enclosed herewith is Ordinance No. 1115 prepared by the City Attorney's office. It is therefore
recommended that Ordinance No. 1115 be presented to the City Council for its consideration. Thank you.
SKW/ca
Enclosure
c: Eric T. Fresch, City Attorney
TO:
FROM:
DATE:
cc OF
l�
r �(• e
�e
GTIVfLY LNOJ
s
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
�C-14-&W-12
Bruce V. Malkenhorst,�Jr., Acting City Clerk
A
Samuel Kevin Wilson; birector of Community Services
February 16, 2006
SUBJECT: CODE AMENDMENT — WATER
ater
i �
"ATION RESTRICTIONS
The City recently updated its Urban Water Mana ent Plan. In reviewing the City code to prepare
this document City staff discovered that Section 25.104 and Section 25.105(d) need to be updated.
Specifically these sections prescribe that d ng a Phase H or Phase III water shortage no customer shall
make, cause or permit the use of City water for purpose in an amount in excess of 85% or 80% of the
amount used on the customers premises during&e corresponding billing period during the 1989 calendar year.
Water consumption and customer ave dramatically varied since 1989 and will only continue to vary
as time goes on. Data from this time is 96 longer available. City staff is of the opinion that a more appropriate
time frame would be two years prior t he City declaring a water shortage.
Therefore staff is reco nding that the City code be amended to restrict a customers water usage to
85% of the amount of water use for the corresponding billing period two years preceding the City declaring a
water shortage for a Phase II s rtae and 80% for a Phase III water shortage. With this in place the City can
base its drought restrictions readgily available current information that more closely reflects the water
consumption of the comet ity prior to the drought.
The City currely utilizes a combination of City owned well water rights and purchased water from the
Metropolitan Water strict (MWD) to make up the 10,500 acre feet of water needed to supply the City's
customer base. In t e unlikely event that MWD could not provide the City with water, during a drought the
City would requir a 20% reduction of water usage by City's customers. The remaining 80% of the water need
could be produc from City owned well water.
It is erefore recommended that the enclosed ordinance be forwarded to the City Attorney for approval
as to form. pon his acceptance the ordinance should be presented to the City Council for its consideration.
CERTIFICATE
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES)
I, Manuela Giron, Deputy City Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the attached is a full and complete copy of:
ORDINANCE NO. 1115 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON AMENDING SECTIONS
25.102, 25.103(b), 25.104(c) AND 25.105(d) OF
ARTICLE VI TO CHAPTER 25 OF THE CODE OF THE CITY OF
VERNON, CALIFORNIA, 1959, RELATING TO WATER
CONSERVATION RESTRICTIONS
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 25th day of May 2006.
SEAL:
Manuela Giron
Deputy City Clerk