HomeMy WebLinkAboutOrd 1365ORDINANCE NO. 1365
URGENCY ORDINANCE ESTABLISHING WATER SHORTAGE PROCEDURES
THE CITY COUNCIL of the CITY OF BURLINGAME does hereby ORDAIN
as follows:
Section 1. Chapter 15.06 of the Burlingame Municipal Code is
amended to read as follows:
"15.06.010 implementation of chapter. (a) The provisions of
this chapter shall be implemented only upon adoption by the city
council of a declaration that a water shortage condition exists
that requires special conservation measures or emergency
allocation measures pursuant to California Water Code, Sections
350 et seq.
(b) The provisions of the chapter shall be of no further
force or effect when the city council determines that a water
shortage condition no longer exists.
15.06.020 Definitions. For the purposes of this chapter,
the following terms, phrases, words and their derivations shall
have the meaning given herein:
(a) "Water department" is the Burlingame municipal
water system.
(b) "Customer" is any person using water supplied by
the Burlingame water department.
(c) "Director" is the director of public works of the
City of Burlingame.
(d) "Person" is any person, firm, partnership, corpora-
tion, company or organization of any kind.
(e) "Unit of water" is one thousand gallons of water.
(f) "Special conservation measures" are the measures
required to achieve a specific reduction in water use necessitated
by a water shortage which has not reached emergency proportions.
(g) "Emergency allocations" are the allocations allowed
various classifications of customers to achieve a specific
reduction in water use necessitated by a water shortage of
emergency proportions.
(h) "Water" is water from the water department.
(i) "Water shortage" means a water shortage condition
declared by the city council pursuant to Sections 350 et seq. of
the Water Code.
15.06.030 Allocations. When the city council declares a
water shortage that requires emergency allocations, it shall
specify in the declaration the specific allocations required to
achieve the specified reduction in water use. The allocations may
include any or all of the following classifications:
(a) Single -Party Residential and Multi -Family Residen-
tial Customers, including a minimum or life line allocation;
(b) Nonresidential Customers;
(1) Industrial customers using process water to
manufacture, alter, convert, clean, heat or cool a product,
including water used in laundries and recycled car wash facili-
ties;
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(2) Industrial, commercial (including nonrecycled car
wash facilities) and governmental agency customers;
(c) Irrigation and Outside Water Usage Customers.
Irrigation of lawns, gardens, playfields, parks, median strips and
landscaping of any type.
15.06.040 Regulations and restrictions. The city council at
the time if declares a water shortage may adopt water use regula-
tions and restrictions, including, but not limited to any or all
of the following:
(a) Broken or defective plumbing, sprinklers, watering
or irrigation systems which permit the escape or leakage of water
shall be immediately repaired.
(b) Irrigation of lawns, gardens, playfields, parks,
median strips and landscaping of any type shall be reduced by an
amount determined by the city council to be necessary to achieve
the goals set forth in its declaration of a water shortage;
(c) No use of water shall be allowed which results in
flooding or runoff in gutters, driveways or streets;
(d) When a hose is used for washing cars, buses, boats,
trailers or other vehicles, or washing building structures or
parts thereof, or any similar purpose, it shall have a positive
shut off valve;
(e) Use of a hose for the purposes set forth in (d)
above shall be prohibited;
(f) Restaurants shall serve water to customers only
upon request;
(g) No water shall be used to clean, fill or maintain
levels in decorative exterior fountains; interior fountains must
recirculate water;
(h) Sidewalks, walkways, driveways, patios, parking
lots, tennis courts or other hard -surfaced areas shall not be
cleaned using water from hoses or by other use of water directly
from faucets or other outlets;
(i) Draining and filling of any existing or new
swimming pools with City -supplied water shall be prohibited.
(j) Service connections for new construction incor-
porating water -saving devices shall be granted as long as condi-
tions of this chapter are met, provided no residential landscaping
shall be installed during the water shortage.
(k) Construction water for consolidation of backfill
and other nondomestic uses shall be denied if other methods of
water sources can be used.
(1) No new residential irrigation services shall be
permitted, and additional water shall not be allowed for expansion
of existing irrigation facilities.
15.06.050 Exceptions. Considerations for exceptions
regarding allocations of water or from any of the regulations and
restrictions set forth herein shall be as follows:
(a) Written applications for exceptions shall be made
to the City of Burlingame Water Department, 501 Primrose Road,
Burlingame, California 94010.
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(b) Each application shall be reviewed and determined
by the director. Denials of applications may be appealed to the
city council whose decision shall be final.
(c) The only grounds for granting such exceptions are:
(1) Undue hardship to the applicant, including adverse
economic impacts such as loss of production or jobs;
(2) A condition affecting the health, sanitation or
safety of the applicant or the general public.
Prior to granting an exception, the director must be
satisfied that all practical water conservation measures have been
adopted by the applicant.
15.06.060 Penalties for excess water consumption. The
following penalties may be imposed on excess water consumption:
(a) Excess use charge. The city council shall set by
resolution an amount to be added to the normal cost per unit for
each unit in excess of allocation.
(b) Flow -restricting Devices. The city manager may,
after one written warning, direct the installation of a flow -
restricting device on the service line of any customer observed by
city personnel to be violating any of the regulations and/or
exceeding water allocations hereinabove set forth.
Charges for installation and removal of flow -restricting
devices shall be set by council.
First installation shall be a minimum of three days,
second and last installation, ten days minimum.
(c) Discontinuance of Water Service. Continued water
consumption in excess of the allocation may result in the discon-
tinuance of water service by the water department. A reactivation
charge shall be paid prior to reactivating the service.
15.06.070 Enforcement. The director, all employees of the
water department, public works department and fire department have
the duty and are authorized to enforce the provisions of this
chapter and shall have all the powers and authority contained in
California Penal Code Section 836.5, including the power to issue
written notices to appear.
Section 2. Urgency. It is hereby declared that this
ordinance is an ordinance for the immediate preservation of the
public peace, safety, health and welfare, and is an emergency
measure as provided by law, and shall take effect upon its
adoption.
The facts constituting such urgency are as follows:
The San Francisco Water Department, which supplies all water
to the City of Burlingame, has imposed mandatory water rationing
effective June 1, 1988. Such rationing will reduce the water
available system -wide by 25 percent, thereby necessitating a water
rationing program within the City. Due to the June 1, 1988
implementation date of San Francisco's rationing, it is necessary
to adopt this ordinance as an Urgency Ordinance so that rationing
or allocation programs may be effective by that date.
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Section 3. This ordinance sha
law.
I, JUDITH A. MALFATTI,
City Clerk o£ the City
of Burlingame,
do hereby certify that
the
foregoing ordinance was
introduced at a
regular meeting of the
City
Council held on the
2nd day of
May , 1988,
and
was adopted thereafter
at a regular
meeting of the City Council
held on the 16th day
of May
1988, by the following
vote:
AYES: COUNCILMEN: AMSTRUP, BARYON, LEMBI, MANGINI, PAGLIARO
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
Deputy C' y Clerk
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