HomeMy WebLinkAbout07/12/2001, 3 - INTRODUCTION OF AN ORDINANCE ADOPTING AMENDMENTS TO THE WATER CONSERVATION SECTION OF THE MUNICIPAL M.am<na.
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C ITY O F S AN LU I S O B I S P O
FROM: John Moss,Utilities Director
Prepared by: Dan Gilmore,Utilities Engin er
SUBJECT: INTRODUCTION OF AN ORDINANCE ADOPTING AMENDMENTS TO THE
WATER CONSERVATION SECTION OF THE MUNICIPAL CODE
CAO RECOMMENDATION:
Introduce an ordinance to print amending Municipal Code Section 13.07.070 to allow the use of
potable water for minor construction related activities and to clarify when landscape restrictions can
be imposed.
DISCUSSION:
On April 15, 1989, after three years of below normal rainfall, Council adopted Ordinance No. 1143
to establish water conservation measures and prohibit the wasteful use of potable water. On May 15,
1990, after a fourth year of below normal rainfall, Council adopted Ordinance No. 1168 to prohibit
the use of potable water for construction related activities. In order to reduce the impact this
ordinance would have on developers and contractors, the City began providing water for
construction from a.non-potable well located at the City's Corporation Yard on Prado Road. Since
the passage of Ordinance No. 1168, this water has been provided free of charge on a "first-come,
first-served"basis.
These ordinances were passed at the height of the drought, when every possible method of water
conservation was being considered. At the time, it was generally considered a waste to use potable
water for construction, especially for grading, dust control, and soaking the ground prior to pouring
concrete foundations. Since the passage of Ordinance No. 1168, several instances requiring
enforcement of this ordinance have resulted in significant impacts on City staff time. In response to
these impacts, staff has taken a closer look at the amounts of water actually used for various phases
of construction. It has been determined that grading and dust control are the largest and most
significant construction related uses of water. The recommended action reducing restrictions on the
use of potable water for construction does not affect the prohibited use of potable water for these
purposes. Staff has determined,however, that all other construction related uses of water are minor
and do not justify the cost of trucking non-potable water to the construction site and the staff time to
enforce current restrictions. Minor construction related uses of potable water include, but are not
limited to: rinsing of tools and equipment, testing of plumbing and fixtures, mixing mortar and
grout, and sanitary uses.
The proposed action would amend Municipal Code Section 13.07.070 to allow the use of potable
water for minor construction related activities, relieving the time and cost burden on contractors
working in the City, while also relieving the enforcement related impacts on City staff. Water for
grading and dust control will still be prohibited and will necessitate the need for contractors to truck
non-potable water provided free of charge at the City's Corporation Yard Well. Water for minor
construction related activities will be required to pass through a City water meter, and will be paid
for at the normal water rates.
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Council Agenda Report—Ordinance Amending Municipal Code Section 13.07.070
Page 2 _
Ordinance No. 1168 also requires that the installation of new landscaping be deferred during periods
of mandatory water conservation. The language included in Municipal Code Section 13.07.070.C.4
appears to prohibit new landscaping regardless of the water conservation status. The proposed
amendment to this code section includes minor modifications to the language in order to clarify that
this requirement would apply only during periods of mandatory water conservation.
CONCURRENCES:
The City's Utilities Conservation Coordinator and Chief Building Official both concur with the
recommended action.
FISCAL IMPACT:
Passage of the proposed ordinance will reduce demands on City staff currently responsible for
policing and enforcing Municipal Code Section 13.07.070. The proposed ordinance will allow
potable water to be used for minor construction related activities. This water will be paid for at the
current water rates.
ALTERNATIVES:
Reject the proposed •ordinance. This alternative is not recommended, as it would result in
continued demands on Utilities Conservation and Water Distribution staff, with possible demands
on Public Works and Buildings inspectors and the City Police Department for enforcement. The
actual and potential demands on City staff are substantially more significant than the water
conservation benefits realized under the current code provisions.
ATTACHMENTS:
1. Ordinance
2. Legislative Draft of Ordinance
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ATTACHMENT I
ORDINANCE NO. (2001 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 13.07.070 (WATER USE REDUCTION) OF CHAPTER 13.07
(WATER CONSERVATION) OF THE SAN LUIS OBISPO MUNICIPAL CODE
WIfEREAS, Municipal Code Section 13.07.070.C.3 was established in 1989 to prohibit
the use of potable water for all construction related activities; and
WIfEREAS, staff has determined that portions of Municipal Code Section 13.07.070.0
are overly restrictive; and
WHEREAS, demands on staff to police and enforce this code section have been
significant.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1.. Section 13.07.070 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
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.
A. Mandatory Water Conservation. The city will establish by resolution a mandatory water
conservation program.
B. Residential Life-line Allowance. 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.
C. 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:
1. 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.
2. Restaurants may not serve water to their customers except on specific request.
3. Potable city water shall not be used for major construction activities, such as grading
and dust control, and shall not be used to wash down sidewalks, driveways, or parking areas
except to alleviate immediate fire or sanitation hazards.
4. New landscaping may be restricted or prohibited during mandatory water conservation.
The Council shall adopt by resolution procedures to implement this section.
J J
ATTACHMENT 1
Ordinance No. (2001 Series)
Page 2
SECTION 2. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the day of 2001 AND
FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of
2001, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
J J gens ., Cit Attorney
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J ATTACHMENT 2
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.
A. Mandatory Water Conservation. The city will establish by resolution a mandatory water
conservation program.
B. Residential Life-line Allowance. 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.
C. 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:
1. 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.
2. Restaurants may not serve water to their customers except on specific request.
3. Potable city water shall not be used for aew- major construction activities, such as
grading and dust control, and shall not be used to wash down sidewalks, driveways, or parking
areas except to alleviate immediate fire or sanitation hazards.
4. New landscaping may be restricted or prohibited during mandatory water
conservation. sn E7he c-Council shall adopt by resolution procedures to implement this section.
(Ord. 1168 § 2 (part), 1990: Ord. 1143 § 2 (part), 1989)
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