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Ordinance 1489• ORDII~ N0. 1489 ._- ,., ,: AN OF 'i4Hr. CITY OUadCII, aF R4~ CI'1'7C OF C{lF'F~'II~0' E~.ISf~lf.' FF5T1tICFIONS AND RDCtJIATTON3 FCH2 TFBr OTICN OF f~ATFR, AND DDCIARIN6 ~ tk~iCY TF~OF THE CITY COUNCIL OF 'IHE CIT7t OF CUPEF~p FCC ORDPIII~IS AS FOLtAfV3: SDLTION 1• Findir~ artd i.n, i 'IYse City Council finds and determines as follows: (a) Lxal reservoir water storage in and araurd Santa Clara County is depleted, as determined by the Santa Clara Valley Water District: and (b) Groundwater prnductiox: must remain in relative balance with a, ~ y~associate~dr lase oo~f 1 ~ te~~ o`~g~aftinq of the inf~e damages and o~ storage and possible (c) Santa Clara County is entering its third year of below average rainfall, and there are insufficient local aid i~orted water reso:u'res to meet the airrent and anticipated.dem~nd; and (d) Zhe United States Bureau of Rsclamatio~n has annanioed that it will reduce the Santa Clara Valley Water District's water allotment: and Utility anticipate a need Po~ an area-widei effort to water oonstmg:tian by 253: and (f) ZYiare is an urgent need to initiate water oonservat3an aieasur+es itmnediately to reduce the current level of water oa:stim~ption aid provide for the more-efficient utilization of scarps water resources. SDLTION 2 - Definitions. 2.01 "Appeals Board" means the three representatives Eros Finance, Public .Works and Coda Dtforoement empowered to adjust allocations ar reduce penalties charged. -1- • ORDIIQANCE No. 1489 .. ., t:._:........ _. 2.02 "Billing period" means the two month time.. frame.. for whidi custoalars are ~'9'~ for the water use: ' 2.03 "[flit of water" I00 cubic-feet ar 748 gallorLS oP water. 2.04 "Water Provider" -means Cupertino Municipal water Utility, California Water Service and/or San Jose Water Company. 2.05 "Water" means potable water. 2.06 " Custaner" means any person who. pays for service to, the Municipal Water Utility. 2.07 tion, txvsty, individual, !ir'm, association ~~• 9ta1 ~Y or other' organizatiaz- or SDCPIGN 3 - Ptdiibitions on W~atar Usk. 3.01 The following water rises shall be pzchibited thrar~hout the City until such time as a declaration is officially made by the Santa Clara Valley Water District that a draz~t ooaYiition no longer exists within Santa Clara County: 1. No person shall waste water, irrludirg, but not limited to flooding or zunoff an sidewalks or gaffe=s. 2. No parser shall use water far cleaning of sidewalks, driveways, patios, parking lots, ar other paved ar hani surfaces. 3. No person shall use water th~i a hose for wishing motor vehicles ar r+acrentio~n vehicles or other types of vehicles without a positive automatic stnrtdawn valve on the outlet end of the hose. 4. No person shall use water to operate decorative fountains... 5. No person shall use water for construction purposes (reciaimed/r~ecycled is available fair this use). -2- ORDIIdANCE NO. 1489 R. 6. No. parses shall .,,.waste waster thraagti-the non-repair of defective plumbing, sprinkler watering or, irrigation..syst~ms.:. . 7. No person shall use water to irrigate landscaping duritxgdaylight hours. e. No restaurant shall serve water unless specifically x+aquQ~ted by a custaner. 9. No person shall use water to flush water hydrants except where required for public health or safety. 10. No parson shall use water for single pass ooolirtig process for nsw building construction. SDCPION 4 - Allocations. 4.01 Basic Allocation Each customer shall be allocated for -each billing period seventy-five percent (75t) of .water ...,used in ttsa oo¢z+esponding 1987 billing period. 4.02 ~inillnIIll Allocations Notwithstanding Section. 4.O1, no customer will receive a monthly allocation of less than six (6) units (4,488 gallons). 4.03' A1locat~ans !or Customers with No History of Water Use When water records for calendar year 1987: 1) are not availablet 2) do not cover all portions of the years 3) do not provide a basis far calculating 1989 water needs, the Appeals Hoard shall establish other methods of calculation to set or adjust individual allocatiaaLS based upon similar properties similarly situated. ~'rON 5 - E>a~t~ans to t_~ ~oc~on. the Appeals Board may adjust the allotments in Section 4.00 if it finds that (a) to tail to do so .would cause an ®aetgency condition adversely affecting the health; sanitation; lire -3_ • ORDII~tJCE N0. 1489 pzotectictr.' or safety 'or the .custcRer ~c~ , the public, ar (b) particular cira~stanoes~ existwhich'impoes h hardship upon said caistaner a~ said a~staaier has ..adopted :.all practicable water consetvatian aieaaures. < To request an e~aoeptian from ,the .Appeals Hoaicl, a written appli~tion aocxa~nnied by substantiating docuno~entation must be made. The decisioa~ of the Appeals Board can'be reviewed and overturned only by the City Council. Sh~CI'IQJ 6. - Fhfa2nemsnt. 6.01 Misdemeanor. The violation of any of the prohibitions attt].ined.in Section.3 of otdinanoe declared to be unlawful and shall piutishable by a fine not to eaooeed five hw~dred dollars ($500), iaprisocmient for a term not exceeding six months, or by both such fine and iag~risormoent. 6.02 Flow-Reetrictira Devices and/or D soonttrnv~rx~ of Water ~*~~~ The City may, after five (5) days written notice, install a flow-restrictirx~ device on the service line of any custaner or discontinue service to any c~staner violating any of the p~rwisions of this Q~ap'ter, including use of water in excess of the allotments set out in Section 4. The costs of installing stuh devices ar restorirg water service shall be borne by the custaoer m the Pollawim~ schedule: Meter Size dilation Chame 5/8^ to l" $40.00 $40.00. 1-1/2° to 2" $85.00 $85.00 3" and lazger Actual Cost Actual Cost Actual cost shall include all material, labor, equipnant and' overhead c3~arges. If sarvioe is disoontirn~ed, a ~e o! $25.00 (in addition to any other. authorized herein). shall be paid pricy to r8activating service. -4- 6.03 ; ]n the event of an involving ,broken or defective pltaabing, sprinkler; wa~t~or irx'igatia~n systems where in the apinian of the Public Works Director water .is being or will ba loBt' in aonsiderabla quantity, City may require that the water provider imeadiately suspend water service without notice or hearing ~ ~Y Ping repairs. the water provider shall attempt to give notion to the custcaner or custcaiezs affected as soon as practical. Subject to other provisions of this Chapter, service shall be restored as soon as practical. SDCFD!?i 7 - 1~ess IIse Strr+diame flats fog agrettino Maii~ir~ Water Utility c~rst~ezs. 7.01 An excess use surcharge rate for all water used in excess of the applicable allotment described in Section 4.01 of this ordinance, during each billing period, shall be levied in aooordanoe with the following schedule: For all. water used in exroess of allotment the FXoess Use Strrchar~ge Rata l~~ater Use Over Allotment will ba 1 to 50~ 5 times quantity c3latge 51 to 1002. 10 times quantity c2:arga 101 ani ever 20 times quantity cha~a 8 - ire aP A77era*irna fCr nnq j~iCi~7 W~tgf[ ~.]( ~t mere. 8.01 Definition of Bankim. n~ngrr ~ a method to allow customers served by the Cupertino Municipal Water Utility to vary their use without penalty. E~Oess use surcharge will be collected at eac3r billing period whenever oons~ticr: exceeds allocatiou~. FIowever, custanar has the opportunity under this provision to request reimbursement for surr3~argges levied aryl collected that exceed the amount of sur+c3~arge if calculated based an actual water ~mq~tion during the drought period. In no event will reimbursement ever exceed surcharge collected. -5- ORDII~X~ NO. 1489 8.02 Reimburse No rte for banking will be made during the affective period o! this orrlirsanoa. Q:etcmers of tlye oupertino 1~lusioipal ..water Utilfty wishing to be reimbtused.tor "banking' shall submit xeoords to substantiate reimbursemarrt qualifications to the .utility. Sf7C1*IQd 9 Edllira. 9.01 All c3:arges described in Sectia~n 6.02 of this ordinance and all erroess use surcharges described in Section 7 oP this o=dit~nnoe are collected in the same manner as the nor~aial water: bills as described in Q~apter 15.12 of the Qrpartino 2~unicipal Code. SDCiZCN 10 -Effective Date. This ordinance is an urgency ordinance and shall beoaae effective immediately upon adoption but shall have an operative date of April 15,.1989 aryl shall apply to meter z~eadings on and after that date. This ordirsanoe shall r+e<nain affective until December 31, 19$9 unless sour repealed. SflCTTCN 11 - Utaertiv. This ordinar:oe shall take effect iamiediately upa~n enactment as an urger:cy measta~e due to the urgent necessity to conserve water. It is hex+pby found and declared that this urgency measure is necessary for the health, safety and general welfare of the irihabitt+trts o! the City: of Cupertino. '` II~1IIZ00(7CED AND II~CTID at a regular meeting o! the City Council of the City of Cupertino this 20th day of Narrh, 1989 by the following vote: _6-. . ,, .. ~ ~ ~-7=., ~, ,.. ~ _~~ • ~ ty o! ~p ATirsrs c Cl -~-