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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; -1- (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. -2- (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. -0 - 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 -4-