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HomeMy WebLinkAbout05/15/1990, 1 - MANDATORY WATER CONSERVATION ADJUSTMENT TO SEVERE LEVEL pip MEETING DATE: City of Sanluis ompo May 15 1990 MMZS COUNCIL AGENDA REPORT ITEM NUMBER: FROM: William T. Het an W T N Utilities Director PREPARED BY: Allen Short, Water Division Manager Ron Munds, Water Conservation Coordinator Cassidy Rowland, Administrative Analyst SUBJECT: MANDATORY WATER CONSERVATION ADJUSTMENT TO SEVERE LEVEL CAO RECOMMENDATION: 1. BY MOTION, DIRECT STAFF TO: A. ESTABLISH AN OPTIONAL PROCEDURE FOR MULTI-METER COMPLEXES TO COMBINE BILLING ACCOUNTS B. CONTINUE ANNUAL REDISTRIBUTION PROGRAM 2. ADOPT RESOLUTION AMENDING THE MANDATORY WATER CONSERVATION IMPLEMENTATION POLICY STATEMENT TO ESTABLISH A 35% CONSERVATION LEVEL. 3. INTRODUCE AND GIVE FINAL PASSAGE TO AN URGENCY ORDINANCE AMENDING SECTIONS 13.07.060 THROUGH 13.07.110 RELATING TO WATER CONSERVATION. REPORT IN BRIEF: To achieve an overall 35% conservation level, adjustment of the mandatory water conservation program in the residential and commercial categories is required. The residential changes are to increase the single family conservation target to 35% and the multi-family to 28%, the difference due to the cutback in irrigation in single-family units. New lifeline and ceiling levels are established, with 16 units for lifeline and 25 units for ceiling. New commercial categories, each with its own allocation target, are implemented to achieve an overall 20% conservation goal. The categories allow targeting of water allocations to reduce the negative impact on businesses and to account for the broad variability of water use among different types of businesses. Alternate methods for computing water allocation targets are implemented for residential and commercial classes. The method for residential accounts uses the 16 unit lifeline as a basis for 3 persons and adds two (2) units of water for each resident above the 3 person base, up to the ceiling of 25 units. The.commercial accounts method uses unit baseline standards based on either square footage or number of seats, rooms, stations, etc., to establish the unit volume of water and then the allocated volume of water is reduced by the allocation target for that commercial category. An allocation adjustment form will be required to implement the alternative method. Miscellaneous programs, including combining meters in multi-family units water banking are discussed. Staff recommends combining the multiple meter allocations for an apartment complex into one account with the understanding that any surcharges that may result will be applied to the combined bill. Sliding scale surcharges are reviewed with staff recommendation that no changes be made at this time. Water banking and the redistribution program is reviewed with the current annual redistribution ranked first. MIND city of san ; .is oBispo MiGs COUNCIL AGENDA REPORT Mandatory Water Conservation \ Page 2 DISCUSSION: Background On April 17, 1990, Council was presented the water reservoir status and proposed 1990 Water Conservation program reports. Staff was directed to modify the water conservation program to achieve an overall 35% conservation level and to include the following concepts and miscellaneous items: 1. Residential Category - reduce lifeline and ceiling levels, eliminate seasonal adjustment and establish an alternative allocation method based on average usage. 2. Commercial Category - increase required conservation to 20% overall and establish of an alternative allocation method based on unit standards. 3. Miscellaneous - analyze combining meters for a single account and water banking. 1. Residential 35% Conservation Program The City has been under a 20% mandatory water conservation program since April 1989. The response to the program has been excellent. Since the program began, the overall conservation has been around 30% for all categories of users. Equity is the key issue with which the City has been _. concerned since the beginning of the mandatory water conservation program and the 35% program focuses on higher water users to help achieve this goal. In reviewing the conservation levels achieved to date, Council has determined new lifeline and ceiling levels would encourage further conservation while placing emphasis on those who are higher water users. Therefore, the 16 unit lifeline and 25 unit ceiling level is established during the 35% conservation program. To address the key issue of equity and flexibility in the residential Table I Residential Targets conservation program, the alternative calculation method for a residential account that is new or without a water use history is Category Target established. The base uses the city average adjusted for 35% conservation (16 units) and adds 2.0 units of water per person for Single Family 35x each person over 3 in the household, up to the ceiling of 25 units. Mutti-Family 21M Each account will have the option to choose their water allocation based either on their past water use history (the current program uses 1987 consumption as base) or the alternative calculation method. A work sheet will be supplied to each account to calculate which method is to their benefit. An allocation adjustment form will be required for the alternative method otherwise the historical allocation method will be used. At the 35% conservation level, little water is available for irrigation of most landscaping, and therefore the seasonal adjustment of the required conservation level is eliminated. Furthermore, I because multi-family dwelling units have proportionally less landscaping to irrigate, and therefore city of San LUIS 081Sp0 COUNCIL AGENDA REPORT Mandatory Water Conservation Page 3 less excess water use to eliminate, the target conservation for single family residential is higher than for multi-family units. The targets are presented in Table I. 2. Commercial At this time, the Commercial category as a whole conserves at 10% of their 1987 usage. To insure equity in the conservation program and to have commercial accounts carry a greater share of the conservation responsibility, the overall conservation goal is doubled to 20% of the 1987 base year. To avoid significant negative impacts on businesses and to try to account for the broad range of variability between different businesses, different types of commercial accounts will be established by the Finance Director. Each type of account can be assigned a target based on actual conservation achieved in the past year while utilizing the same principles applied in setting the residential targets. These targets will range from 10% to 25% with the average'being 20%. Classification of commercial accounts is determined by the type and predominant business use occurring at that account. This is based on the Standard Industrial Code (SIC). Table 2 presents a sample of account classification and proposed targets. An alternative allocation calculation method is also established for the commercial accounts using a process similar to the residential method. The alternative method uses unit baseline standards, as developed by Monterey County. This method allows each commercial account a unit volume of water based on either square footage, number of seats, rooms, stations, fixtures or other such criteria. This unit volume of water is then reduced by the percentage of conservation established for that specific category. As in the residential conservation program, if the customer chooses the alternative calculation method, an allocation adjustment form would be required. Table R presents the new commercial account breakdown, the conservation target for each type of commercial account and the baseline standard and the standard adjusted for the new specified conservation level. I 3. Miscellaneous Combining Meters Currently target allocations are established based upon past usage (1987-1988) of each individual account where each-meter installed represents one account. Many of the apartments and some commercial units in the City have two meters or more serving different areas of a complex. In some cases one of the meters is under the target allocation and the other is over the target allocation resulting in a surcharge. Apartment complex managers have requested that they be able to combine the total allocation for the entire complex into one account, hopefully resulting in the water usage being under the combined target allocation. The only down side to combining all accounts into one is that when surcharges are applied it would be for the total combined bill and not just the single meter that exceeds its allocation. This could result in surcharges for the combined account being higher than the individual account. city of san tuis osispo COUNCIL AGENDA REPORT Mandatory Water Conservation Page 4 Table II Sample Commercial Accounts and Targets Commercial Category Target Base Units;/Standard• Adjusted Units/Standard (No Conservation) (Reduced by Target%) Launderette 15% 11.5714/machine 9.836 Cleaners/Comm Laundry 15% 0.0581/sq. ft. 0.049 Car Nash/Recycle 25% 0.0381/sq. ft. 0.029 Bar 15% 1.8333/seat 1.558 Restaurant 15% 1.5519/seat 1:319 Fast Food Restaurant 25% 1.4612/seat 1.096 Deli/Bakery 25% 0.0218/sq. ft. 0.016 Nursing Home 10% 12.0070/roam 10.806 Special Care/Residential 15% 8.00/roan 6.800 Hospital 10% 0.0272/sq. ft. 0.025 Dental 20% 0.0145/sq. ft. 0.012 Veterinary 25% 0.0726/sq. ft. 0.054 Medical 10% 0.0073/sq. ft. 0.007 Child Care Facility 20% 0.0218/sq. ft. 0.017 i General Retail 25% 0.0027/sq. ft. 0.002 office/Bank/Service 25% 0.0145/sq. ft. 0.011 Retail Photo 25% 0.073/sq. ft. 0.005 Photographic Processors 20% 0.2178/sq. ft. 0.174 Beauty Shop 15% 2.3379/station 1.987 Gas Station 25% 14.6752/pa p 11.006 Undesignated Commercial 25% 0.0145/sq. ft. 0.011 Auto Repair 20% 0.0145/sq. ft. 0.011 Warehouse/Self Storage 25% 0.0019/sq. ft. 0.001 Warehouse/Distributor 25% 0.0036/sq. ft. 0.003 Manufacturing 25% 0.0145/sq. ft. 0.011 Single Meter/Multi-User .20% 0.0145/sq. ft. 0.011 Hotet/Motel 15% 10.9633/unit 9.319 Meeting Hall 25% 0.0018/sq. ft. 0.002 Plant Nursery 20% 0.0015/sq. ft. land 0.001 • billing units/2 month bitting cycle; reduce by 50% for monthly billing Staff recommends allowing multi-meter complexes the option of combining meters with the I I aggjj city of san �.Ais OBISpo norms COUNCIL AGENDA REPORT Mandatory Water Conservation Page 5 understanding any surcharges that may result will be applied to the combined bill. Staff feels the number of accounts to which this would apply is relatively small and could therefore be handled administratively. Additionally, it would not require a reprogramming of the computer program for billing. Water Banking The water banking concept allows a customer to receive credit for water savings in a prior billing period and apply it to a current or future bill to avoid exceeding the allocation and incurring costly surcharges. Under the current mandatory water conservation program, water customers are allowed to redistribute their billing units one time only. The criteria for the development of the original redistribution program was as follows: e - To be easily communicated to the public To be as fair-an4 equitable as possible - To be easily administered Staff developed alternatives means to allow water customers the opportunity to redistribute or bank their water usage. Using the above criteria staff researched and ranked the alternatives as follows: 1. Annual Redistribution - This is the current system which allow all water customers to redistribute their billing units one (1) time within a twelve month period starting at the implementation of the program The staffing and all required forms are in place. The water customers are familiar with the program, thus eliminating potential confusion or misunderstanding. This method allows staff to better estimate water savings being achieved throughout the City but does not allow as much flexibility to the water customer. 2. Bi-Annual Redistribution - This would allow all water customers to redistribute their billing units two (2) times within a twelve month period starting at the implementation of the program. This ' method allows the customer to reevaluate their water use twice a year and to calculate future water needs. All forms and staffing requirements are in place. Customers are already familiar with the procedure to redistribute eliminating misunderstanding and confusion. This method is more flexible and requires less planning by the customer than annual redistribution. 3. Bi-Monthly Adiustment Method- If an account is under its allocation in a billing period and over in the following period, the customer can request a carry-over of billing units when there were adequate billing units available to cover the excess usage. The carry-over of billing units can only be taken from the billing cycle immediately preceding or following the water bill in question. This method would eliminate surcharges for customers that exceed their allocation by a small margin (providing usage was less than target in the prior or following billing cycle). This method gives the customer great flexibility in regulating water usage from billing period to billing period based upon their need. It would create a significant workload to administer after each water bill mailing and �5 '1V11gFA1§ city Of San LuIs OBISpo COUNCIL AGENDA DEPORT Mandatory Water Conservation Page 6 extra staff would be required to process the requests for adjustments. It may be complex to convey to the public possibly causing misunderstanding and confusion. 4. Yearly Allocation Method- The allocation per account is determined for a 12 month period. Customers will pay the excess water surcharges for any period during which they exceed their allocation, but at the end of a year their yearly use will be compared with their yearly allocation and the billing adjusted to reflect the actual water use either above or below their allocation. This will encourage people to use less water during the fall, winter and spring so that they may use extra water during the summer. Also, if an account changes from one customer to another, any excess water use will have already been paid. This method gives the customer the most flexibility to regulate water use to their needs but could be difficult to convey to the public causing misunderstanding and confusion on surcharge payments and credits. The program may exceed the staffs ability to administer it. The current redistribution program, ranked first, has met all the above criteria, and therefore staff recommends no change in the program. It is important to note that the more complex the program, the more difficult it is to estimate the actual water savings. CONCURRENCE The Finance Department and the City Attorney concur with this report. FISCAL IMPACT Increasing the level of conservation will result in less revenue based on the current water rate structure. Staff has analyzed the revenue shortfall due to conservation and identified additional revenue needs because of new programs and projects In a separate report. A rate increase of 14% would be required to meet requirements due to the revenue shortfall and an increase of 62% would be required to cover the shortfall of all new programs and projects. Council will take action on these items separately. Attachments: Resolution_ Ordinance I I_ dIlQVXl jj city of San L.-IS OBISpo COUNCIL AGENDA REPORT Mandatory Water Conservation Page 7 I APPROVED: City Admi trative Officer me 0 Finance Director I I ` � C RESOLUTION NO. (1990 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE MANDATORY WATER CONSERVATION IMPLEMENTATION POLICY STATEMENT WHEREAS, the City of San Luis Obispo has experienced four (4) consecutive years with lower than normal rainfall, which resulted in lower than normal reservoir storage levels. 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. WHEREAS, 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. To accomplish this, the City will introduce a mandatory water conservation program using the following elements: NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council finds that: 1. Water use classifications are determined and established by the Director of Finance. 2 . The customer of record is responsible for payment and service. The address resident is responsible for the manner and extent of use and runoff. 3. The City will establish a life-line water usage allowance of 16 units per billing cycle for single family residence. In the event the billing cycle is reduced to a monthly billing cycle, the life-line water usage allowance will be 8 units. 4 . The City will establish a maximum allocation of 25 units per billing cycle for single family residence. In the event the billing cycle is reduced to a monthly billing cycle, the maximum allocation will be 13 units. 5. The City will establish a life-line water usage allowance of 12 units -per billing cycle for all other users. In the event the billing cycle is reduced to a monthly billing cycle, the life-line water usage allowance will be 6 units. 6. The City will establish a mandatory water conservation percentage reduction allotment program for each customer class. 7 . The City will establish an optional base-line standard water C allocation program adjusted by the target for commercial 1 - � J Resolution (1990 Series) Page 2 allocation program for residential accounts. The following conservation targets, alternative Base Units/Standard, and Adjusted Units for billing units per billing cycle are established by customer class: A. RESIDENTIAL Target Optional Allocation Single Meter 35% 16 units (lifeline) for 3 permanent residents + 2 . 0 additional units for each additional permanent resident Multi-Family 28% 12 units (lifeline) for 3 permanent residents + 2 . 0 additional units for each additional permanent resident B. COMMERCIAL 20% Commercial accounts will reduce over-all water consumption by 20%, ranging from 10 - 25% reduction for each classification. The commercial classifications and the percent reduction for each category will be determined by the Finance Director. C. INSTITUTIONAL/GOV'T 40% D. LANDSCAPE 70% 6. To encourage compliance with the mandatory water conservation program, there will be a surcharge added to the water bill if the customer exceeds the required percentage reduction amount. The surcharge will be 100 percent of the total water bill on which the target allocation is exceeded. In the event that the customer's consumption exceeds the base year usage, the surcharge will be 200 percent of the total water bill. If the customer exceeds the allotment on two billing cycles within a twelve month period, a flow- restrictor may be installed in the customer's water supply Line at cost to the customer, or the surcharge may be e. 6 irkcreased to a higher value. If the customer exceeds the L allotment-three or more billing cycles within a twelve month period, the City may reserve the right to terminate the water service. Prior to the termination of water service, the City will provide a due process hearing before the Water Conservation Adjustment Board. I �� Resolution (1990. Series) i � Page 3 7. The City, pursuant to Chapter 13 . 07 of San Luis Obispo Municipal Code which prohibits wasting of water, will impose the following penalties to consumers in violation. The City may: * Issue a written "warning" for the first offense; * Issue a written citation or complaint for the second offense; * Install a flow-restrictor at the cost of the customer for the third offense, and; * Terminate water service for a fourth offense. Prior to the termination of water service, the City will provide a due process hearing before the Water Conservation Adjustment Board. The charge for water service termination and restoration shall be 200 dollars. 8. The City shall establish a Water Conservation Adjustment Board, which may grant exceptions for uses of water otherwise prohibited by Section 13 .07. 070. The procedure for filing a request for exception is: * Completely fill out an application form which will be evaluated in accordance with established criteria as approved by the City Administrative Officer. * The first review will be by the Director of Utilities or designees. The customer will be notified of the decision by letter. * If the water customer is not satisfied with the decision, it may be appealed to the Water Conservation Adjustment Board. * If the customer is not satisfied with the decision of the Water. Conservation Adjustment Board, it may be appealed to the City Administrative Officer whose decision shall be final . 9. Requests for exemptions and any subsequent appeals can only be made by the service customer or property owner. 10. The mandatory water conservation program will be reviewed annually by the City Council in connection with the Annual Water Operational Plan. Current guidelines exist based upon reservoir storage levels which dictate when restrictions will be reduced, increased, or eliminated. Resolution (1990 Series) Page 4 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT the foregoing Resolution was passed and adopted the day of 1990. MAYOR RON DUNIN , ATTEST: CITY CLERK PAMELA VOGES APPRO CITY D INIST TO OFFICER FINANCE DIRECTOR UTILITIES DIRECTOR ' 1 � ORDINANCE NO. (1990 SERIES) AN URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS 13.07.060 THROUGH 13.07.110 RELATING TO WATER CONSERVATION Section 1. Findines The City has experienced four (4) consecutive years of 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 Operational Plan of 1985 under which reductions in demand are required when predetermined reservoir storage levels are reached. The City Council declares that this ordinance is necessary as an urgency measure to preserve water as 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 four consecutive dry winters. B. As of March 1, 1990 reservoir storage was 26:0 percent of capacity. C. Unrestricted water use for nonessential needs may endanger the adequacy of the City's supply of water for essential needs. D. Based on findings and related actions established in the City's Annual Water Operational Plan, it is determined that a 35% mandatory level of conservation is required and the following restrictions are hereby adopted. E. 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. F. Mandatory water conservation is essential during this emergency water.shortage to prolong depleting water supplies. G. The Council declares that this Ordinance is necessary as an urgency measure to preserve the public health and safety for the reason that protecting the water supply from unnecessary depletion so that there is insufficient water for essential human uses constitutes an extreme and unreasonable danger to the City residents. Section 2. That the San Luis Obispo Municipal Code is hereby amended by amending Sections 13.060 through 13.07.110 to read as follows: Sec. 13.07.060 Definitions. The following words or phrases, whenever used in this Chapter, shall 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 the 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 residentia+ commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of the Chapter. (1) Mandatory Water Conservation : The City will establish by resolution a Mandatory Water Conservation Program. (2) 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. ' i Ordinance (1990 Series) Page 2 (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, there shall be a surcharge added to the water bill if a customer exceeds the established allocation 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 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 Excevtion. 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 therefore or provisions, or regulations contained herein, shall become inoperative, or fail by reason of any unconstitutionally of any other portion herefore, and all provisions of this Ordinance are declared to be severable for that purpose. Section 4. Effective date. The ordinance shall go into effect immediately with the financial surcharges being applied on all bills issued on or after June 1, 1990. � �3 i Ordinance (1990 Series) �,- Page 3 INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo, at its meeting held on the _ day of , 1990, on motion of seconded by and on the following roll call vote: AYES: NOES: MAYOR RON DUNIN ATTEST- CITY CLERK PAMELA VOGES l�d�a ORDINANCE NO. (1990 SERIES) AN URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS 13.07.060 THROUGH 13.07.110 RELATING TO WATER CONSERVATION Section 1. Findings The City has experienced three (3) ( '' '(+ ) consecutive years of 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 Operational Plan of 1985 under which reductions in demand are required when predetermined reservoir storage levels are reached. The City Council declines:that this ordinance is necesary sas an.;urgeaey measure.tg preserve water as: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 fouF consecutive dry winters. B. As of March 1, 4989 1990, reservoir storage was 31-4 M0. percent of capacity. C. . ,. CTarestrtcted:xrate�r.nse,for nonessential needs:may endanger the:adequacy of the_C ty s supplp..of water for essent sl neEds D. BasecY oxti findings and relaiec] actions estabirshed in the Cxty's,Anttuat 1�axear L?pexatiotxai Ali,tt i5 cteterttt'nrt tisat a 3S'9b ttta3tdatory:levet a#' conserxatron >s;regioned,gad tl a full ng itestrm W.-Ve Hereby adc►pted, E. the Following restrietions are hereby adepteAa emergeucr ©nditan of +viler shortagett the Gity,extsts,attd:requtrenrett t water;c[rasuncters Cannot bE satisfied svithtsut depleting the i ter�iy to the extelatt t er...... t be.ut......etent xyater for y bitman:coasumption,..saa tattaa,2tnti figgg;pr4tectat)R F. ondition oF water shortage in the City exists-, and requirements oF watet eensumers eannet be satisFied without depleting the witter supply to the extent there Mandatary water_cotsservatto>o is'essettt; urtn..tats etae..rgency:;water shartage'to prolong:depleting waLet:Supplie"s. G. The Council declares.tT;at,,.' Ordutance;is necessary as an.urgency measure to preserve the public health::and safety for tie reasUa that Ord ect g++the water supply from unnecessary depleti'06 so.that there ss in"stii'fic a*nt water for essential buman uses constitutes an extreme aud,unreasonable danger to the City residents. Section 2. That the San Luis Obispo Municipal Code is hereby amended by amending Sections 13.060 through 13.07.110 to read as follows: Sec. 13.07.060 Definitions. The following words or phrases, whenever used in this Chapter, shall 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 the 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 the Chapter. DRAFT f - 15 a Ordinance (1990 Series) DRAFT Page 2 (1) Mandatory Water Conservation : The City will establish by resolution tiser elms ability to censer-ve water-. aTaactatot�t.Water:Cansetwaon Pragiar ' (2) Residential Life-line Allowance: forth-abeve, 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. (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, there shall be a surcharge added to the water bill if a customer exceeds the established allocation 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 c terminate water service to any customer who is in violation of this code (including the failure to meet water conservation 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 Hearin for Exception. 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 therefore or provisions, or regulations contained herein, shall become Ordinance (1990 Series) DRAFT Page 3 inoperative, or fail by 'reason of any unconstitutionally of any other portion herefore, and all provisions of this Ordinance are declared to be severable for that purpose. Section 4. Effective date. The ordinance shall go into effect immediately with the financial surcharges being applied on all bills issued on or after �ttly 1, i989 1466:�AiA990. .......... ....... INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo, at its meeting held on the day of _, 1990, on motion of seconded by and on the following roll call vote: AYES. NOES. MAYOR RON DUNIN ATTEST: CITY CLERK PAMELA VOGES