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HomeMy WebLinkAbout0254.093<~ .. 0 ~ April 22~ 1993 THE HONORABLE CITY COUNCIL Palo Alto J Californja ~990 -1"3 water Management p~ Up4ate M.Mrt tit. Briat 17 This is the final report in the series of periodic updates to Council on Palo Alto's current 1992-93 water use status and overall .1990-93 drought program management.. In late March, the San Francisco water Department (SFWD) declared ita intent to discontinue water rationing. The Utilities Advisory commission discussed the SFWO decision and the apparent improved water situation in Northern California at its April 7, 1993 1 meeting. The CO:mJ!l.issicn recolnltended that Council declare that a 'Water shortage condition no longer exists and consider discontinuing the emergency water use prohibitions (Section 12.32. 01!:> -Ordinance No. 4038), and the maximum monthly water ~se caps (Section 12~32.0l0 -ordinance No. 4041 §2). Staff recommends that Co~ncil maintain the long-term water use prohibitions (Section 12.32.010 Ordinance No. 3884) and enfor'cement procedurEs (Section 12.~2.C20 Ordinance No. 3884). city af Palo Alto Water Consumption Palo Alto's ",'ater supplier, the San Francisco Water Departm2nt (SFWDJ, has required mandatory reductions in water ·..lse .from July 1990 to February 1953. During this period; Palo Al't_o .... ater customers dramatically curtailed. their water usage from pre-drought (1987) levels. For F¥s 1990-91 and 1991-92, citywide consumptions were 30 and 35 percent, respec-.:ively, belo ... 1987 usage. In FY 1992-93 J for the period beginning July 1992 through the end of restrictions in February 1993, consumption was 29 percent below 1987 usage. Palo Alto residents and businesses are to be commended for exceeding reduction goals every year and, thereby, avoiding SFWD's stiff penalty rates for usage over allocation. The following chart ..:::o:mpares Palo Alto's consumption to the SFWD allocation since rationing Degan in July 1990. CHIt: 25' J 93 t __ • ..... ~Owt[.) -""" End ...... ~ I,JncW H --y-o. -~f5!!O!'I. ~red' ~i ~ 1991).31 Ju~' 21 .,I1,j",20 !:,t5E),46Q 4,743,691 -'" '" 4 1.c,595 199>-&:;! J\,I~ 21 JU!>CI 19 5,m,237 5.0E;7.224 -12S% 723,C1J "''''''' ",,,ntI :!O Feb 18 3.rn 38e .a:,5t.2,56B -O'5~""It 21[).72'0 ... , ., Q<;1 .. On.t H(H'.d~ C'J,c.;~ ~Hl" 7~ Galf.or1lf: t ur1it Attachment 1\ shows a comparison of the 1992-93 allocation to consumption in FYs 1992-93 and 1.991-9.2. Consumption in the base year 198i is sho~~ for reference. Based on heavy local rains and Sierra snow pack, SFWO ended drought provisions for the 1993 year in late Har-ch. The penal ty pl."ovisions have been removed and the banking program has been terminated, retroactive to February. Subllrban customers are being allowed their full contract allocations of ~ater; ho~ever, SFWD is encouraging 15 percent voluntary rationing_ New, non-drought SFWD rates should be announced to suburban agsncies by the end of April. Staf!' \alill return to Council with .. ater rate recommendations as Boon as feasible. W.t.r utility Impacts Water sales and purchases are monitored monthly. DespitE a 24 percent retail 'Water rate increase effective July 1992, wat.er sales have risen since July 1992. From a utility financial perspective, this is good news. However, despite the rising sales and corresponding additional revenue being collected during FY 1992-93, the water Fund's overall financi~l picture is expected to remain unfavorable I but impZ"oved. In sho:r:·t, the additional net sales revenue, ~hich may increase reserve levels, is net expected to raise such levels above their ~inimum reserve level. Water Rates In response to the mitigated restrictions imposed by SFWD and in recognition that the ~ater supply situation has improved substantial I}' ~ staff plans to recommend the introduction of neW' water rate schedules during the c~rrcnt bUdget process and elimina.tion of the existing drought rate schedules. Because promotinq conservation ~ill continue to be a ratemaking objective, the staff plans to retain an inverted residential [""ate Schedule which will not be as steeply inverted as the current drought rate schedule. For non-residential customers, the staff is evaluating the application of one of two rates, namely, a flat commodity rate 1:1111: 2 54,93 Paqe 2 -, for a.ll custol!lers, or a tier of several different rate sr:hedules to apply to various sized customers. Th~ transition from drought rate schedules to normal water prici~g will necessarily result in reversing th~ process used to achieve steeply inverted rates. Sin~e t.be onset o! dr-ought conditions in 1987. small '.rater userS have received rate deer-eases or rela;tively small rate increases~ while large water users have received so~e very larqe rate increases. Because of the r.ecessary application of rate increases in this manner, a transition t·,) normal water s~rvice schedules may result in small users experiencing no change in their bill, while large users ~ay experience psrcentage bill decreases. Finally, it should be ncted that. the F'i 1992-94 budget adopted last y£ar provided tor a 24 percent 'Water revenue increase, effer::tive July 1, 1993 1 in order to finance t~.e infrastruct'<Jre project~ Ho'Wever, because 'Water sales have risen, staff proposes c~nceling ~~i$ water revenue inc~ease for FY 1993-94. Drought Program rmpl .. ectation Since the lato.t report to Council ir. February 1993 'CMR~ 150: 9J}, there have been ,a total of 43 adjustments made in resporlse to customers requesting exemptions from the standard drought rate schedules. The overall adjustments fall into the following categories: Family of six or more Medical needs Cap Baseline Consumption Allo~ance Adjusted (Commercial Accounts) Totals: rr 1"2-') 37 11 0 75 123 '1'O'I'J.L Frs 1 9 90-"3 148 265 • ~ ___ ?_65 478 A total of 478 adjustments have been made since the drought rates 'Went into effect in July 1991. This number is very small in comparison to the 29,000 plus water utility accounts. staff has found the d:--o'U.ght rate system tc be appropriate for the vast majority of customers~ water Ua. Ordinances In the last eight months, only four first warning notices have been issued for violations of the emergency and long-term ..... ater use rE'strictions. Since July 1991, 250 first warnings and 33 second warning notices have been issued. Only one flow restrictor was installed for repeated ordinance violation. Because the current dro'Ught has ended, the more stringent -water use restrictions noW' seem unnecessary. It is recommended that CXII:25UU Paqe 3 ---~--,,,, ., - custo~e~s who use higher amounts of ~ater each month should not be subject to ~ater waste ~arnings and flow restricto~ installation u~less they violate the long-term water waste restric~icns (Chapter 12.32 -ordir.ance No. 3S84) ~ ROlolevE'.r. wat.e.r co!".servation s.n':)l.lld be encouratjed and still is held under existing City ordin.ances. MaximUE monthly caps in 'Water use ..... ere set at 50+ units for residential customers and five times Basic Con5urnption Al1o~ance (SCA) for commercial customers. ~t its April J, 1993, meeting. the utilities ~dvisory commission proposed that statf go directly to council for action on the recom:m.endation that r-ellloval of the emergency water ..... aste restrictions be effected. St.-aft recommends that the emergency 'Water wast€) restrictions should not remain in effect and the monthly water use caps snould be eliminated or suspended. In the interest of long-term water use efficiency, ~taff reco~ends keepinq the lO!'lg-tern 'Water waste r.estrictions and enforcement procedures. City and rub1io Pacilities All park and City facility irrigation systems will be maintained at the conservation levels established. The project to install reclaimed water lines to serve the Golf Course and Municipal Services Center is in the final design phase, and construction is expected to begin in late summer. customer OUtroach Aa8i~tanee Palo Alto residents and businesses are continuing to effectively conserve wate:!:" resou;:-ces, and relatively little awareness advertising has been needed. The following list summarizes staff's onqcit'l.(l water .:;onservation activity since the February 1993 report to Council (CMR:150:93)~ Y&&r-to-4&te totals (FY 1992-93): • performed 33 residential and 11 commercial on-site Yater audits; provided 225 telephone consultations; handled 375 requests for conservation factsheet$ and home 'Water kits. t Issue.d an update newsletter to ::major account customers and a targeted Eoiling to small comm~rcial customers. • Provided one water conservation presentation to sch001 childr-en. t Produced three water update flyers for the utilities bills. t Reviewed 35 commer-cial landscape plans for conformance wit."'l city Water Efficient Landscape standards. CMR:254:t3 page .. 'f.· .... ·.· .... ~ ! 1 r r· i 'i , "i ---------"-'- • overall proqraa totale (~YS 1~'O~tJ) • Parfonaet1 -4 S, on-site water audits; handled 4.033 tel ephone inquiries: handled 1,101 r-equests for cons~rvation factsheets and home water conservation kits~ • Provided 17 water conservatio:1 classroo!l'l p:-esentations to school children. • Provided 15 elementary school-".dde asse:m.bl ies 011 water conservation. • Provid~d 4 scholarship~ to ele~entary school teachers to attend ~ater conservation training workshops. • Issued 8 update newsletters to commercial customers. t Issued 10 targeted mailing5 consisting of conservation guides, drought updates and speci~l ~ervices offered. • Proauced 26 water update flyers for utilities bill. • Produced 53 newspaper ads. • Ran 6 conservation messages pre-printed on the utility bill. • Produced 8 scrolling conserv~tion messages on the local cable TV channel. • Hela 8 water conservation ~orkshops. • Ran 18 special events. • Developed 4 water conservation ordinances. • Reviewed 117 commercial landscape plans for conio:t"l!lance with the City Water Efficient Landscape guidelines and/or Qctual standards courlcil adopte.d ih September 1992. • Developed and produced a variety of water conservation which were utilized by other cities, utilities. organizations and the State of California. materials industry o Continued involvement with local and regional agencies (includes the Santa Clara Valley Water District, Bay Area Water Users Association and the State Department of Water Resources Conservation Advisory Committee) to coordinate outreach efforts. The City of Palo Alto continues to remain belo~ its allocation from the San Francisco water Department (SFWD) end the continued eXlu 2 S' : 93 page 5 conservation eftort ot residents and bUsinesses al ike is to be applauded. The recent winter sto~s have eased the drought crisis lJ.?ld SYWD has zecently ended the drought p"Co'.lisiQns for 1'993. Because the wa.t".er s;hortage emergency no longer ~xists. the emergency 'Water '..:ase. rest.riction ordinances n-eed to be modi fied. Staff recomaends that Council adapt an crdin~nce fin~ing, ~etermininq and declaring that the water shortage no long~r exists and suspending t.he emergency water use restrictions (Section 12.32.015 -Ordinance No. 4039), 3.-:;d the maxi::'l:lum monthly water use caps (Sec~ion 12.3~.030 -O~dinance No. 4041 ~2). Respectfully submitted, (XL~ .£ a::J(, ) tinda Clerkson ~ Acting Manaqer, Resource cvnservation Acting Chair, City Water Management committee ~d£/;~I Interim Director of Utilities l~" . ~UFlem~ ~~~ Manager cc: Utilities Advisory commission Attachments: City of Palo Alto water Proposed Ordinance Ordinance No. 3884 Ordinance No. 4033 ordinance No. 4041 §~ consumption t to be retained) (to be suspended) (to rs suspended) page , '-----""--- -., .,;; .-;.' •. .0:;: , ' r ! I I ! to> '" '-' I CO '~ t ? " ,0 ~. 0 " 0 ;:i; ~ ~:, <.0.) ,.::, r-..' c' ,;:) !": c....; ':---: I >1 C-i ':'i 9' c.;j , Z i o---.J < I oj :r; , i §; __ i Z I 7 f: ---'I ~! U" :;::::;: ;;:: I ):> --"'\ -< ' r------- , d' I , , r; L-_________ , _________________ _ " ,-.t ,------- -------'-'---_ .... ., , .................. .. \ ,. : ATl~nIMENT A ,- :> :.;., Ir --. , 0-j> 'J.: --, ,- " I.~.i " <" < ,,-. >- '-' ~ ,"T ';. ,,:, ~- '" -, ::.:: i:, C' <.'7 , '.' ':.: .... _________ ..... ~ .... __ Od .............. 80 .... ~~ .. ~ .... ~III .. ._----, ORDINA.J.~CE NO. ORDINANCE CF THE COtmCIL OF T'HECln-OF PALO ALTO SUSPENDING T"rlE SUPPLE'MEN'!'AL M~ AMENDED WA.TER SHORTAGE EMERGENCY REGt .... LA"I'IONS AND MAXIMl'JM MON'rHLY WATER USE CAP PROVISIONS SET FORTH IN C'HAPTER 12.32 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE WHEREAS, in Ordinance No. 3960 the City Council duly declared a wat-er shortage emergency pursuant to the notice and hearing procedures set fcrth in Water Code section 350 tl. ~., because the~e was a significant shortage of water reserves and the City of Palo Alto's wholesale B~pplier of water cut arh~ual deliveries by 2G.7t; and WHEREAS, in Ordinance No. 4038 the City Council enacted supplemental and amended vater shortage emergency regulations~ cecause the water shortage remained an ongoing emergency, the City of Palo Alto's wholesale supplier iruposed ~andatory 25' water use reduction requireme~t8 on its customers, and the City of Palo Alto was required to achieve a 28\" water cse reduction to meet the mandatory requirements; and WHEREAS~ i::. Ordinance No. 4D42.. sectio::l 2. a customer r:lf the water utility of the City of Palo Alto is prohibited from using or taking delivery of more potable water than a monthly max.L'"m.lm use cap; and WHEREAS. under Water Code section 355, water sbortage emergency regulations are to remain in effect during the period of emergency and until the supply of water available for distribution has been replenished or augmentEd; and WHEREAS. on March 23 J 1993. the City of Palo Alto's wholesale supplier of wateI-" teI"T!1inated the mandatory 'Water USE reduction reauirements for its cu:s<.tomers, because substantial rains in the state have replenished and au~~nted the supply of water available for discributioo by the City of Palo Alto's wholesale supplier to its custo.mers; NOW, THEREFORE, the Council of the City of Palo ~to does ORDAIN as follows: SECTION 1. The Council of the City of Palo Alto finds, determines, and declares that; 1. Due to significant precipitation during the fall and winter months of 1992 and 1993, the wholesale supplier of water to the City of Palo Alto has declared that there exists an abundance of water rese~es, and has terminated the current mandatory water rationing program for its customers. 2. While water conservation shall continue to be emphasized and water use restrictions under Chapter 12.32 of Palo ~to MUnicipal Code shall continue in effect, there now exists an 1 ;'-!~2t: -.-;": abundance of water available: for hurnan consumption, sanitation, fire protection, and commErcial, industrial, and residential uses. 3~ Water shortage em~rgency conditions do not exis~ at the present time. anc, consistent with Wate~ Code section 355, there is no need to continue El effect the supplel!tental and amended water shortage em~rgency regulations ~dopted by Ordinance No. 4038 and codified in Section 12.32.015 of Chapter 12.32 of Title 12 of the Pale ~to Muni~ipal Code. SECTION 2. 0rciinance No. 40.3 S a~d Ordinance No. 4041, section 21 are herety suspended until such time as water shortage emergency conditions shall be subsequently found, dete~ined, and declared by the Council to exist. SECTION 3. The Council finds tha~ ordinance do not constitute a pr~ject Environll'.encal Quality Act. the provisions of this under the California SECTION commencement of adoptio~. n.TRODUCBD : PASSED: AYES; NOES: ABSTENTIONS: ABSENT: City Clerk 5. This ordinance shall be the thirty-first day after APPROVED: Mayor APPROVED AS TO FORM: effective the date City folanager Senior Asst. City Attorney on of Dir~ctor of Utilities 2 the its EXISTING OlU'l IllJUlCl JlO. O!UlIJIlUICE or 'I'D COtIJIClL or n<z ern or P7WO ALTO UZ1Il)rIIG ClD.nJ:R U. U or TI!P PALO lUoTO IP»fZCIPAL COD!! '1'0 .. rIAL A oaCLARATroN or WATSR BBORTAOZ SXBRGI»C! AND EXACTING WATER USE "GULATro •• WHEREA.S~ there is a continucus possibility of recu:l:"ring drouqht in the Bay Area; and WHEREAS, the City of Palo Alto's primary water &upplier, the San Francisco Water Oepartment~ will be re5ching its peak capa­ city li~its within the next two decades: and WHtREAS, the City of Palo Alto recognizes the co~tinuing ne8~ to man6ge its water resources wisely: NOW, THEREFORE, the Council of the City of Palo Alto do~s ORDAIN as follaw.: SECTION 1. Ordinance No. ll.li. an Ordinance of the CoYneil of the City or Palo Alto Restrictin~ Certain Water Us~s a~d Deelarinq an Emergency is hereby repealed. SECTION 2. Chapter 12.32 and Sections 12.32.010 al"l.d 12.32.02:0 of 6e,id Chapter of the Palo Alto Hu..'1ic::ipal Code a::--e hereby enacted to read as fOllovs: Cbapt.", .12 a 32 nHR OS!: IIEGULArIO!lS 12.32.010 W.ter 0' •• .aegul,atlou8. No purchaser of 'Water from the City of Palo Alto, nor any customers of the water utility of the city of Palo Alto, shall use water ~r allow any other persc~ to use water under the c~ntrol of such custocer or purchaser in the followinq 'Ways: '--. 1. Potable ~ be allowed to flood sidewalks, streets or wat~r for outdoor irrigation shall not or run off into ;;utters, drivevays. other unlandsc~ped areas. 'perceded 2. By means of a hose to wash ell-rs, :boats, trai.l- • } ers, buses or other vehicles or to 'Wash siaewalk&, building by structures, other harc1 surfaced arees or parts thereof without nergency an operatin.g-.\Jtom~tic shut-oft valve. Use of a hose tor such 'rdinanre: purpo.e. should be avoided 'Whene\ler pcssible. )visicn .2 3. Potable water for consolidation of backfill ~nd " other non-domestic u.&s in construction shall not be used if other methods of water sources lil.lch as reclaimed 'Water are -1- -.. ·-~··L-·· .. ~;~~f1' '. "., - . , : ------ available, as determined by the Director of Utilities O~ his designee. ApplicAnts for hydrant pen-itc. from the city of Palo Alto ahall be deemed to have consented to re~trictions on water use 'IIP"hich may.be ilZlpo::iled by the Oirector of Ut.il ities or his designee. 4~ Any broken or defective pl'.llll.hing, sprinklers, l,;l!!Iterinq or irrigi!ltion systeaa ",hieh pel"1llit the escape or leakage of water shall be repaired or replaced as soon as possible, and not less than the time period established by t~e Director of Utilities, O~ his designee, a& reasonable after observation of the broken or defective system. 12.32.c120 _ntore ... li.t. In addition to enforcing ob­ served violations of this Chapter by any person as a misdemeancr or an infraction, the Oirector of utilities and his desiqnat.ed employees are authorized to enforce the provisions of this Ordi­ na.nce aqainst customers and water purchasers of the u'C.ility as folloW's: l~ Reports of violations shall :be called to the attention of the p~rty responsible tor the 6ervi~e connection used in the violation and shall be investiqated by the Utili­ ties Department personnel to the extent possible. 2. Violations established to the satisfaction of the Utiliti~s Depart~ent personnel shall result in the issu­ ance of a. .... ri tten warning to the violator and the party responsible for the service connection used in the violation. 3. A record Sholll be kept by the Oepartmer,t of Ctilities of the City of Palo Alto of all violations. 4. If a second violation is estalliished to the satisfaction of the Utilities Department personnel, the vi~­ lator or party ~esponsible fer the service connection used in the violation, or either of them, shall receive a mere severe 'Written warnfng, ad.visinq theD of the possibility that their water flo~ will be restricted. 5. For a.ny third or subsequent violation hy the same violator, customer, or 'Water purchaser, .or tor any ..-ill­ ful violation, the Director of Utilities: or his designee rna}' elect to install a flow restrictor upon the service connection of the purchaser or customer at the purchaser's ~r ~stomer's expense. Prior to installation of the vater restrictor, the Director of Utilities shall give written notice to the person responsible for the service connection, which is to be restricted, of his intention to install a restrictor. The person or persons to whom notice ia; to be qiven &ha.ll have five (5} business days from the date of service of the notice -2- , I. , . , • to request a h~arinq before th~ Director of vtilities or hi~ designee in order tc pr •• e.nt any and. all evidence tbey Jr,!.y have a5 to why a restrict~r should not be inatalle~ or u~d~r what conditions it Diqht b. in5talled. It a hful:!'inq is requested, the Oirector-of Utilities 5hall achedule a date and tim. for .aid hearing as &oon as possible after the request is tiled, but not later than five (5) busina&s days after the filing e! such request for hear­ inq. At the hearing, the perlon ~ho&e .~rvice connection is to be restricted mey cfter evidence as to why the res~ric­ tor .hcul~ not be installed O~ under what conditions it might be installed. utilities personnal shall also be allowed to offer whatever evidence they may have ILB to why the reatrictor should be allowed ~nd under what conditions. The Director of utilities or his desiqnes shall make IS determination as to whether the restrictor ahall or ahall n~t be installed end what conditions~ it any, ahau11 pertain. 6~ Upon IS determination to install a restr1ctor after hearinq, or the failure of the effected party to request IS hearing', the director, under whatever conditions~ if ar.y, he may deem advisable under the circumstances, may install a flow restrictor on the service connection of the cus~omer or purchaser of water whose service connection was used in the violations observed or established and bill the coata of such installation to said customer or purchaser in accordance with the following conditions: Ca) The first installation shall ~ for a period of three (3) days. (1:» Subsequent inatallaU.,ns shall be tor a ~riod to b2 determined by the Director ot utilities, in an amount SUfficient to accompli5h the purposes ot this Or­ dinance.. Flow restrictors sball be installed in accordance ",1 th Water Utility rules and requl.tiona and at the following rates which ahall be borne by the uaer: Meter Size 5/8-to 1- 1-1/2-to 2- 3· , larqer , 1luttallaticD Cost $25.00 50.00 Actual Coat -]- BempVAl Cost $25.00 SO~Ota Actual Cost I I .-.'-~-'-- Actual cost will include all Jlaterial. labor, equip­ ment and ov~rhead charges. SECTION 3. The Council finds tha~ the provisions of tt-.i:5 ordinance do not constitute a project un~~r the California Environ­ •• n~al Quality Act and, therefore, no ~viron=en~al impact assess­ aent 15 necessary. SECTION 5. This Ordinance shall beCQme effective upon the commence.~nt of the thirty-first ~.Y after ~~e day of its pas~ • .age. 1 Nl'RODUCEll: PASSED: AYES: NOES: ASSTOI'XIONS: ABO;:Er.rI': A'M'EST: City Clerk APPROVED AS TO FORM: Sr. Assistant City Attorney APPROVED: City Manager Director of Utilities ACS: jm ~/6/89 APPROVED: Mayor -4- - ORDINANCE NO~ _.4035-_ ORDINANCE OF THE COUNCIL OF '7dE CI';Y OF P>~LO AL'~O A.lo!EN.DING CHAPTER .1.2 ~ 32 oF' T'rlE FALO ALTO ML"NICr?AL CODE TO EN}'~CT SL,'PPLEMEN'TAL A."'D AMENDED WATEP. SHORTAGE E.-v.:ERGENCY REG'C.!LATIONS ~'1IT.RE..~S, in Ordi:!'1.ance },'-o. 35-60 the City Council d1.!ly declared a \,rat-e: shortage e:!llergency pursuant to the ;]ctice and hearing procedures set forth iil ';;.ate~ Code se,::t.ion :~5a, e-:' sea.; and wHZ.R.EAS, 't:.."-e .... ·a-:.er shcrtage so de::lared remai:1.s an ongoing eme::'gency; and WHEP..EAS, the San Fra.ncisc':') 'h'ater Depa::-t:men-t: r"3F·~C".1 has ':':mpcsec man-:latD-:"}· 25% ·\,.,.-ater t.;.se reduction rec:ru..i::-e.men'ts c:-: its cus-:.omers; and WF...EREAS I Palo Alto :::J'Jst achieve. a 22% ~,.;ater use rea":..l,::'t.l0!·~ in oreer to meet the SFlm requireme:rt because P2.10 Al~o'5 clima.-:'e and pat't.ern of d~velopment results in a higher outdoo~ irrigation reg'..!ireJIient. tha~. tr.a"t. of the City of San :'ranciscc; and h":"'1~.REAS: in order to achieve ti"le necessa::-y ·'.'ate:-us~ reductions it is necessary to ena-::t s'..:ppl€~e:"ltal and a.'llendea · .. ·a-=e= shortage emergency regulations. NOW, TrlEREEORE, the Council of th.e City of Palo .t_lt:::: c.oss ORDAIN as follows: SEC'!'!O~. Section 12.32.C1S c·~ Ch~pte= ~2 . .3.2 c-: the Palo Alto Municipal Cods is here:;-y a::.e:1de::! to re.ad as f,::::ll:;\o,'s: 12~324015 Water e~.ergency regulations of the of Palo Alto: Ose Regula'tions~ use of v<'ite= are effe.cti ve to::.:l~.,;irlg in the City (a) Except for drip irrigaticn systems J soaker hose irri9"-tion syste:::.s, and hand-.... atering, landscape irrigation -"'ith potable water shall not be allo ... ·ed bet~ .... een ~O: DC 3.lI:.. and 6:0-8 p.m~ Irrigation at all ti:tles :must confo~ ..... itt. section 12.~2.010. (b) Potable ""'ater otber than wr.en used from contair.e.!:'s of five (5) gallons or less, shall not be 1.:sed to clear. side· ... ·alks, walkw·ays, driveways, patios, parking lots, ana othe!' hard surfaced areas or b1lilding structures. {C) Potable .. a.ter shall not be used to operate, clean, fill or maintain levels in decorative fountains or ponds. unless 1 . , , , > J". ~.; < ' _.fr";,'<>~' ~ "" .... -. the fountain cr pond supports water f:: .... 1 cr aquatic life. Pctat:le: ""ater may be used in reasonable quanti ties for th~ purpose of priming and exercising internal mechanisms. If reclaimed ",'ater is in use in the fountain or pond, a sigr. so stating must be posted. service request. (0) Restaurants~ banquet facilities l or operations shall serve ,,'ater tc cusccmers other onj,y food UpO::l (e) Newly constructed pools, spas and hot tubs tlay not be filled ~ith water supplied by the Palo Alto wat~r utility or other water utilities 'Which have water shortage emergencies in effect,. (f) Signs pr'!:lviding reasonable notice of the ar ought conditions and ~ater shortage e~ergency shall be displayed in all public rest rOOIllS and restaurants/ an·j in quest rooms in buildings defineo as hote.ls b:y Section 2.3J.010(b). SECTro~. 'l'he Council tinds that the provisions of this crdinance oe not c("~5titute a project under the California Environ­ mental Quality Act .':lecause it can be seen with certainty "t.hat no significant e.nvironme.ntal impact ",rill occur as a result of the ordinar.ce. Moreover, the council finds that enact.ment of this ordinance is exempt from provi!lions of t!"le California Envirorment Quality Act because it is immediate action neceS$ary to rLitigate e; water SLortage emergency. SECTION 3. The council finds and declares that, based upo~ the findings and declarations set forth above., the mate~ial furrdshed to the city Council by the City staff, and oral and documentary testimony at the Cour.cil meeting at .... hich ti:is l!la:te::.­ yas considered., the enact!!l.ent of this ordinance is necessar) as an emergency -measure to pr2;serve public health an,j safety. This ordinance "Was introduced at .a regular meeting c! t.l;.e co~~cil of the city of Palo Alto en Monday, the third day of June/ 1991, and wa.s passed by a four-fifths vote: of all Council members present at the meeting as follows: INTRODUCED AND PASSED: June 3. 1991 AYES: A.,der:;e::.. Cobb, Kniss. Lt. ... Y, ~cCo ... 'tl~ Re:uF..l. Sutorius NOES: ABSTENTIONS: ABSENT: Wool1,ey, Fazzino 2 .. ATTEST: .i 3 I I I I i , I -" ORDINANCE NO. 404 L ORDINANCE 0:: THE COUNCIL OF THE -CITY OF PALO ~LTO AMENDING CHAPTER 12.32 OF THE PALO ALTO MUNICIPAL CODE RELATING TO WATER USE REGULATIONS A.ND ESTAB­ LISHING PENALTIES FOR VIOLA?IONS THEREOF IfflEREAS, the California Constitution prohibits the unreasonable or ~asteful use of 'Water ar.d encQurages the maximum beneficial use of 'Wate_r; and WHEREAS, the city of Palo Alto recognizes the continuing need to manage water resources under its jurisdiction and control in a mar~er consistent with the Constitution; and k1iERFAS, the regulations hereby enacted, in conjunction ~ith Palo Alto's existing .ater use rules, regulatjons, and ordinances implement the constitutional wato;'!r pcliey of California. NOW, THEREFORE, the council of the City of Palo Alto does ORDAIN as follo~s: ~]~;.QTION 1. Section 12.32.010 ·,:.f Chapter 12.32 of the Palo Al to MuniCipal Code is hl!reb~{ amended to read as follo .... 's: 12~32.010 Wat_r Use Regulations. No purchaser of water from the City of Palo Alto, nor any customers of the water utility of the City of Palo Alto, shall use ~ater or allo~ any other person to use water under the control of such customer or purchaser in the following ways: Ca) Potable water shall not be allc'\.'ea to flood or run off into gutters, drivewaysl sice""alks 1 streets or other u!"lland- 6caped areas. (b) By means of a hose to wasn cars, boats, trailers, buses or other vehicles 0:-to 'Wash side""alks, building structures, other hard-surfaced areas or parts thereof without an operating automatic shut-off valve. Use of a hose for such puc-poses should be avoided ~henever possible. (Cj Potable water for consolidation of backfill and other non-domestic uses in construction shall not be u~ed if other ~ate~ sources such as reclai~ed water are available, as determined by the director of utilities or his or her designee. Applicants for hydrant permits from the City of Palo Alto shall be deemed to have consented to restrictions O~ water use which may be imposed by the director of utilities or his or her designee 1 r 4 [ , - {d) Any broken or defective plu.nbir,g, sprinklers, watering or irrigation systems !,o,'hich permit the escape or le.3.kage of 'Water shall be repaired or replaced as soon as possible, but no later th3n the date established by the director of utilities, or his or her designee, as reasonable after obse:t."vdtion of the broY.en or defective system. SECTrON~. section 12.32.030 is hereby added to Chapter 12.32 of the Palo .!..lto Municipal Code to read as follc,ws: section 12432.030 .Maxim.um Monthly water U~e. No purchaser of water from the City of Palo Alto, nor any customers of the water utility cf the City of Palo Alto, shall use, permit the use of, or take delivery of more potable water from the City or ~ater ~tility than the monthl:.' maxin-.wn use cap. For the purposes of this section, the nmonthly maximum use cap~ shall be as follows: Re.sidential CUstomers: Fifty (50) Units All Other Customf;rs: Five (5) th:es the Baseline Consumption Allowance A "unit-of water shall be equal to one hUndred cubic feet (1 ccfj of ~ater measured at the customer's meter. The Baseline Ccnsump­ tion Allowance shall be established for all other customers i~ accordance with the Palo Alto Utilities Rules and Regulations adopted by resolution of the Council pursuant to Section 12.20.010. SECTION J. Section 1:2.32.040 is hereby added to Chapter ~2.32 of the Palo Alto Municipal Code to read as follows! Section 12432.030 ~neving provision of False Information. It shall be unlawful for a purch,iser of ",rater from thE: city of Palo Alto, or any customel"S of the water utilit::,' of the. City of 1=-a10 Alto, or any person receiving or using such 'Water, to Knowingly provide incorrect I inaccurate, false, or misleading information of any kind to the City in connection 'With th.e application for or receipt of water, or in connection 'Wi th any request for information made by the City in accordance with the Palo Alto Utilitip.5 Rules and R~gulations adopted by resolution of the COl.lncil pursuant to Section 12.20.010. SECTIQ_~~. The Council finds that the provisions of this ordinance do not constitute a project under the California Environ­ mental Quality Act because it can be seen 'With certainty that no significant environmental i!Tlpact ....... 111 occur as a result of the ordinan:::e. SECTION 5. This Ordinance shall become effective upon the commencement of the thirty-first day after the day of its pas-sage. 2 IN'l'RODUCEO: June 3. 199i PASSED, AYES, Ancerse:n.. Cab~. Kr.iss. l.e\'y. ~kCc·.rn. ;,~l1z~l. 5u::::::-ius NOES; Ncne ABSTENTIONS: rlon~ ABSENT: Fa'Z'2-ino. r.lool1cy ~iy orney 2 3 -----_ ..• _ ....