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HomeMy WebLinkAbout1143--: f \ ir. b ORDINANCE NO. 11'43 (1989 Series) AN URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO AND ADDING SECTIONS 13.07.060 THROUGH 13.07.110 RELATING TO WATER CONSERVATION Section 1. Findings The City has experienced three (3) consecutive years with lower than normal rainfall, which has resulted in the inability to store essential volumes of water in existing reservoirs. Using historic water hydrology and demand information, the City developed and adopted its Annual Water Operational Plan of 1985 under which reductions in demand are required when predetermined reservoir storage levels are reached. The City Council acknowledges that water is a limited resource and therefore desires to improve the effectiveness of water use within the City's service area and encourages citizens to use water wisely. The City Council hereby finds and determines that: A. The City has experienced three successive dry winters. B. As of March 1, 1989 reservoir storage was 31.4 percent of capacity. C. Voluntary restrictions in use have not achieved the required goal of 25 percent use reduction. D. Unrestricted water use for nonessential needs may endanger the adequacy of the City's supply of water for essential needs. E. Based on findings and related actions established in the City's Annual Water Operational Plan, the following restrictions are hereby adopted. F. An emergency condition of water shortage in the City exists; and requirements of water consumers cannot be satisfied without depleting the water supply to the extent there would be insufficient water for human consumption, sanitation, and fire protection. Section 2. That the San Luis Obispo Municipal Code is hereby amended by adding Sections 13.07.060 through 13.07.110 to read as follows: Sec. 13.07.060 Definitions. The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this Chapter: a. 'Base Period" means that period of time over which the base water use is computed. Sec. 13.07.070 Water Use Reduction. No customer of the City shall make, cause, use or permit the use of potable water from the City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Chapter. (1) Mandatory Water Conservation Percentage Reduction With Seasonal Allotment: The City will establish by resolution target reduction amounts for each customer class. These target amounts will be adjusted for the winter and summer seasons, taking into account each customer's user class ability to conserve water. (2) Residential Life -line Allowance: Notwithstanding any reduction of water use which would otherwise be required of water use pursuant to the percentage reduction requirement set forth above, no customer shall be surcharged or otherwise be penalized for failure to reduce water consumption below a life -line rate as established by the City. 1 143 .— 'IV Ordinance No. 1143 (1989 Series) Page Two (3) Prohibited Water Uses: In addition to any other requirements of this code, all consumers are deemed to have under their control at all times any and all water distribution lines and facilities serving the property benefited by the water service and to know the manner and extent of their water use and any runoff. The following specific uses of water are prohibited and constitute a violation of this code. A. Use of water from fire hydrants shall not be used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents of San Luis Obispo. B. Restaurants may not serve water to their customers except on specific request. C. Potable City water shall not be used to wash down sidewalks, driveways, parking areas, except to alleviate immediate fire or sanitation hazards. Sec. 13.07.080 Excess Water Use Surcharge. To encourage compliance with mandatory water conservation percentage reduction, there shall be a surcharge added to the water bill if a customer exceeds the required reduction amount. The City will establish by resolution the surcharge method and amount. Sec. 13.07.090 Additional Authority. The City has the authority to install a flow restrictor or terminate water service to any customer who is in violation of this code (including the failure to meet water conservation percentage reduction requirements). Prior to the termination of a water service, the City will provide a due process hearing before the Water Conservation Adjustment Board. The criteria to install a flow restrictor or terminate water service will be established by resolution. Sec. 13.07.100 Hearing for Exceptions. The Water Conservation Adjustment Board, consisting of the directors of the City's Finance, Utilities, and Community Development Departments or their designees, may grant exceptions for uses of water otherwise prohibited by Section 13.07.070. Rules and procedures for filing and hearing requests for exemptions shall be adopted by resolution of the Council. Appeals may be taken from decisions of the board in the manner set forth in said resolution. Sec. 13.07.110 Reservation of Rights. The rights of the City hereunder shall be cumulative to any other right of the City to discontinue service. All monies collected by the City pursuant to the provisions of this Chapter shall be deposited in the Water Fund as reimbursement for the City's costs and expenses of administering and enforcing this Chapter. Section 3. Severability. If any provision, section, subsection sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances if for any reason is held to be unconstitutional, void or invalid, the invalidity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion thereof, or provisions, or regulations contained herein, shall become inoperative, or fail by reason of any unconstitutionally of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Ordinance No.114309 eries) Page Three Section 4. Effective Date. The ordinance shall go into effect immediately with the financial surcharges being applied on all bills issued on or after July 1, 1989. Section 5. That given the clear and significant need and urgency relating to this issue, the Council does hereby adopt this as an Urgency Ordinance which shall take effect immediately upon adoption, and shall be advertised within five (5) days of passage, however, failure to advertise will not affect its validity. INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo, at its meeting held on the 5th day of April , 1989, on motion of Councilmembe,r Rappa seconded by Councilmember, , and on the following roll call vote: Settle AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None MAYOR RON DUNIN A,7T: u, (-1 - CI , CLERK PA�FCA VOGES * * * * * * * * * * * * * * * ** ordinance /short#4