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AN ORDINANCE OF THE CITY OF ARCADI^ ADDING
DIVISION 3 TO PART 5, CHAPTER 5, ARTICLE VII
OF THE ARCADIA MUNICIPAL CODE, ESTABLISHING A
WATER CONSERVATION PLAN FOR THE CITY OF ARCADIA
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The Arcadia Municipal Code is hereby amended
by adding Division 3 to Part 5, Chapter 5, Article VII of the
Arcadia Municipal Code to read as follows:
ARTICLE VII. PUBLIC WORKS
CHAPTER 5. WATER RATES, SERVICE CHARGES AND REGULATIONS
PART 5. REGULATIONS
DIVISION .3. WATER CONSERVATION PLAN
7553. SCOPE. There is hereby established a City of
Arcadia Water Conservation Plan.
7553.1 DECLARATION OF POLICY. It is hereby declared
that, because of the conditions prevailing in the City of Arcadia
and in the areas of this State and elsewhere from which the City ob-
tains its water supplies, the general welfare requires that the water
resources available to the City be put to the maximum beneficial use
to the extent to which they are capable, and that the waste or un-
reasonable use or unreasonable method of use of water be prevented,
and the conservation of such waters is to be exercised with a view
to the reasonable and beneficial use thereof in the interests of the
people of the City and for the public welfare.
7553.2 DECLARATION OF URGENCY. The Council of the City
of Arcadia hereby finds and declares that there exists within this
City a water shortage emergency condition and that, as a result,
there is an urgent necessity to take legislative action through the
exercise of the police power to protect the public peace, health and
safety of this City from a public disaster or calamity.
7553.3 DECLARATION OF PURPOSE. The purpose of this
Division is to provide a mandatory water conservation plan to minimize
the effect of a shortage of water to the customers of the City and,
by means of this Division, to adopt provisions that will significantly
reduce the consumption of water over an extended period of time,
thereby extending the available water required for the customers of
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the City while reducing the hardship of the City and the general public
to the greatest extent possible.
7553.4 DEFINITIONS. The following words and phrases,
whenever used in this Division, shall be construed as defined in
this section unless from the context a different meaning is intended
or unless a different meaning is specifically defined within indi-
vidual sections of this Division:
7553.4.1 "Customer" means any person, persons, associa-
tion, corporation or governmental agency supplied or entitled to
be supplied with water service by the Department.
7553.4.2 "Process Water" means water used to manufacture,
alter, convert, clean, heat, or cool a product, or the equipment used
for such purpose; water used for plant and equipment washing and for
transporting the raw materials and products; and water used to grow
trees or plants for sale or installation.
7553.4.3 "Base Period" means that period of time over
which the base is computed.
7553.4.4 "Base". means the amount of water used on a
customer's premises during the corresponding billing period in 1976.
Any customer who was not a customer on the premises for
which service was billed by the Department during the base period
shall be assigned the same base for such or similar premises as pro-
vided above, and the Department shall have the further discretion to
adjust such base in the event such customer's use of the premises
is substantially different from the previous use thereof during the
base period.
7553.4.5 "Billing Unit" means the unit amount of water
used to apply water rates for purposes of calculating commodity
charges for customer water usage and equals one hundred (100) cubic
feet or seven hundred forty-eight (748) gallons of water.
7553.5 AUTHORIZATION. The various officers, boards,
departments, bureaus and agencies of the City are hereby authorized
and directed to immediately implement the applicable provisions of
this Division upon the effective date hereof.
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7553.6 APPLICATION. The provisions of this Division
shall apply to all customers and property served by the Department
wherever situated, and shall also apply to all property and facili-
ties owned, maintained, operated or under the jurisdiction of the
various officers, boards, departments, bureaus or agencies of the
City.
7553.7 WATER CONSERVATION PHASES. No customer of the
Department shall make, cause, use, or permit the use of water from
the Department for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any pro-
vision of this Division or in an amount in excess of that use permitted
by the conservation phase then in effect pursuant to action taken by
the Mayor and the Council in accordance with the provisions of this
Division.
7553.7.1 PHASE 1. PROHIBITED USES APPLICABLE TO ALL
(a) There shall be no hose washing of sidewalks, walkways,
or parking areas, except that flammable or other dangerous
may be disposed of by direct hose flushing for the benefit
of public health and safety.
(b) No water shall be used to
levels in decorative fountains unless such
CUSTOMERS :
driveways,
substances
clean, fill or maintain
water is part of a recycling
system.
(c) No restaurant, hotel, cafe, cafeteria or other public
place where food is sold, served or offered for sale, shall serve
drinking water to any customer unless expressly requested.
(d) No customer of the Department shall permit water to
leak from any facility on his premises; failure to effect a timely
repair of any leak shall subject said customer to all penalties pro-
vided herein for waste of water.
(e) No la\m, landscape, or other turf areas shall be
watered or irrigated between the hours of 10:00 a.m. and 4:00 p.m.
7553.7.2 PHASE II. PROHIBITED USES APPLICABLE TO ALL
CUSTOMERS. No use of water may be made contrary to the provisions
of subsection 7553.7.1
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7553.7.2.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No
customer shall make, cause, use or permit the use of water from the
Department for any purpose in an amount in excess of ninety percent
(90%) of the amount used during the base period as defined in this
Division.
7553.7.3 PHASE III. PROHIBITED USES APPLICABLE TO ALL
CUSTOMERS. No use of water may be made contrary to the provisions
of subsection 7553.7.1.
7553.7.3.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No
customer shall make, cause, use or permit the use of water from the
Department for any purpose in an amount in excess of eighty-five
percent (85%) of the amount used during the base period as defined
in this Division, except that process water may be used to the ex-
tent of ninety percent (90%) of the base period.
7553.7.4 PHASE IV. PROHIBITED USES APPLICABLE TO ALL
CUSTOMERS. No use of water may be made contrary to the provisions
of subsection 7553.7.1.
7553.7.4.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No
customer shall make, cause, use or permit the use of water from the
Department for any purpose in an amount in excess of eighty percent
(80%) of the amount used during the base period as defined in this
Division, except that process water may be used to the extent of
ninety percent (90%) of the base period.
7553.7.5 PHASE V. PROHIBITED USES APPLICABLE TO ALL
CUSTOMERS. No use of water may be made contrary to the provisions
of subsection 7553.7.1.
7553.7.5.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No
customer shall make, cause, use or permit the use of water from the
Department for any purpose in an amount in excess of seventy-five
percent (75%) of the amount used during the base period as defined
in this Division, except that process water may be used to the ex-
tent of eighty-five percent (85%) of the base period.
7553.7.6 EXCEPTION. The prohibited uses of water from
the Department provided for by subsection 7553.7.1 of this Division
are not applicable to that use of water necessary for public health and
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safety or for essential governmental services such as police, fire,
and other similar emergency services.
7553.8 CONSERVATION PHASE IMPLEMENTATION. PHASE CHANGE
INITIATION. The Department shall monitor and evaluate the projected
supply and demand for water by its customers monthly, and shall
recommend to the Mayor the extent of the conservation required by
the customers of the Department in order for the Department to
prudently plan for and supply water to its customers. The Mayor
shall, in turn, notify and recommend to the Council the appropriate
phase of water conservation to be implemented. Thereafter, the Mayor
may, with the concurrence of the Council, order that the appropriate
phase of water conservation be implemented in accordance with the
applicable provisions of this Division. Said order shall be made by
public proclamation and shall be published one time only in a daily
newspaper of general circulation and shall become effective imme-
diately upon such publication. The customer percentage curtailment
provisions shall take effect with the first full billing period com-
mencing on or after the effective date of the public proclamation by
the Mayor.
7553.8.1 SNfE. EXCEPTIONS. Nothing contained in this
Division shall be deemed to require any customer of the Department
to reduce his consumption of water provided by the Deparbment to an
amount less than twenty (20) billing units bi-monthly at each meter
during any billing period.
7553.9. APPLICATION OF SURPLUS REDUCTION. Notwithstanding
any other provision of this Division, any reduction in the use of
water by any customer during any current billing period in excess of
the amount required by Section 7553.7 and its subsections shall be
applied as follows:
7553.9.1 SAME. BI-MONTHLY CUSTOMERS. Said surplus re-
duction shall be applied to that customer's consumption for the
next billing period. Any surplus reduction remaining
after the application of the rule provided immediately above shall be
applied to offset any excessive use of water by that customer during
the next billing period. Such carry-forward of the surplus reduction
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shall operate only as an offset to excessive usage and shall not
be applied to any use of water at or below the customer's allovlable
maximum consumption thereof.
7553.10. FAILURE TO COMPLY. PENALTIES. It shall be
unlawful for any customer to fail to comply with any of the provi-
sions of this Division. Notwithstanding any other provision of
the Arcadia Municipal Code, the penalties set forth herein shall
be exclusive and not cumulative with any other penalty prescribed
in any other section of this Code. The penalties for failure to
comply with any of the provisions of this Division shall be as
follows:
7553.10.1 SM1E. PROHIBITED USES, FIRST VIOLATION. For
the first violation by any customer of the Department of any of the
provisions of subsections 7553.7.1, 7553.7.2, 7553.7.3, 7553.7.4,
and 7553.7.5, the Department shall issue a written notice of the
fact of such violation to the customer.
7553.10.1.1 S~lli. SAME. SECOND VIOLATION. For a second
violation by any customer of the Department of any of the provisions
of Subsections 7553.7.1, 7553.7.2, 7553.7.3, 7553.7.4, and 7553.7.5
within the preceding twelve (12) calendar months, the Department
shall issue a written notice of the fact of such second violation
to the customer.
7553.10.2 SAME. THREE VIOLATIONS. Three violations or
more by any customer of the Department of any of the provisions of
Section 7553.7 or its subsections within the preceding twelve (12)
calendar months, the Department shall install a flow restricting
device of 1 GPM capacity for services up to one and one-half (1-1/2)
inch size, and comparatively sized restrictors for larger services,
on the service of the customer at the premises at which the viola--
tion occurred for a period of not less than forty-eight (48) hours.
The charge for installing a flow restricting device shall be
twenty-five dollars ($25.00). The charge for removal of the flow
restricting device and restoration of normal service shall be twenty-
five dollars ($25.00) if restoration of normal service is performed
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during the hours of 7:00 a.m. to 3:30 p.m. on regular working days.
If the removal of the flow restricting device and restoration of
normal service is made after regular working hours, on holidays or
weekends, the restoration service charge shall be forty dollars
($40.00) .
7553.10.3 SAME. EXCEEDING USAGE LIMITATION. For any
violation by any customer of the Department of any of the provisions
of subsections 7553.7.2.1, 7553.7.3.1, 7553.7.4.1 and 7553.7.5.1
within the preceding twelve (12) calendar months, a surcharge penalty
is hereby imposed in an amount equal to fifteen percent (15%) of
the water bill plus an additional one dollar ($1.00) for each billing
unit in excess of the percentage usage of water permitted by the
particular conservation phase in which the violation occurred.
7553.11. SAME. NOTICE. The Department shall give notice
of each violation to the customer committing such violation as
follows:
1. For a first violation of the provisions of Section
7553.7, written notice thereof may be given to the customer per-
sonally or by regular mail.
2. For a second violation of the provisions of Section
7553.7, the Department shall serve notice of the fact of such
second violation in the following manner:
(a) By giving written notice thereof to the customer
personally; or
(b) If he be absent from his place of residence and from
his assumed place of business, by leaving a copy with some person
of suitable age and discretion at either place, and sending a copy
through the United States mail addressed to the customer at either
his place of business or residence; or
(c) If such place of residence and business cannot be
ascertained, or a person of suitable age or discretion there cannot
be found, then by affixing a copy in a conspicuous place on the
property where the failure to comply is occurring and also by de-
livering a copy to a person there residing, if such person can be
found, and also sending a copy through the United States mail
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addressed to the customer at the place where the property is
situated. Said notice shall contain, in addition to the facts of
the violation, a statement of the possible penalties for each
violation and a statement informing the customer of his right to
a hearing on the violation.
7553.12. SAME. HEARING. Any customer against whom a
penalty is levied pursuant to this section shall have a right to
a hearing, in the first instance by the Department with the right
of appeal to the City Council, on the merits of the alleged viola-
tion upon the written request of that customer within fifteen days
of the date of notification of the violation.
7553.13. SAME. RESERVATION OF RIGHTS. The rights of the
Department hereunder shall be cumulative to any other right of the
Department to discontinue service. All monies collected by the
Department pursuant to any of the penalty provisions of this Divi-
sion shall be deposited in the Water Revenue Fund as reimbursement
for the Department's costs and expenses of administering and en-
forcing this Division.
7553.14.1 RELIEF FROM COMPLIANCE. ADMINISTRATIVE RELIEF.
Any customer who is dissatisfied with the application of any of the
provisions of this Division as the same relate to him, may seek
relief by making application in writing for a hearing to the Depart-
ment with right of appeal to the City Council.
The Department shall have the power, upon the filing by
a customer of an application for relief as herein provided, to take
such steps as it deems reasonable and to set up such procedures as
it considers necessary to resolve said application for relief. In
determining whether relief shall be granted, the Department, and on
appeal the City Council, shall take into consideration all relevant
factors including, but not limited to:
1. Whether any additional reduction in water consumption
will result in unemployment;
2. Whether additional members have been added to the
household;
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3. Whether any additional landscaped property has been
added to the 1976-based property;
4. Changes in vacancy factors in multi-family housing;
5. Increased number of employees in commercial,indus-
trial, and governmental offices;
6. Increased production requiring increased process
water;
7. Water uses during new construction;
8. Adjustments to water use caused by emergency health
or safety hazards;
9. First filling of a permit-constructed swimming pool;
10. Water use necessary for reasons related to family
illness or health.
No relief shall be granted to any customer for any reason
in the absence of a showing by the customer that he has achieved
the maximum practical reduction in water consumption in his resi-
dential, commercial, industrial, agricultural or governmental water
consumption, as the case may be, other than in the specific area
in which relief is being sought. No relief shall be granted to any
customer who, when requested by the Department, fails to provide
the Department with information whereby the services provided to
him can be classified for the purpose of establishing an appropriate
base or classification pursuant to the provisions of this Chapter.
If an action on the application for relief is mutually agreed upon
between the Department and the customer, the agreement shall be
in writing and signed by the customer, and no appeal on said appli-
cation may be made by the customer.
7553.14.2 SAME. BASE ADJUSTMENT. The Department, in its
discretion, may adjust the base assigned to any customer.
7553.14.3 SAME. APPEAL PROCEDURE. The filing by a
customer of an application for a hearing before the City Council
for any form of relief must be made within fifteen (15) days of
the Departmental action complained of. This shall automatically
stay the implementation of the proposed course of action by the
Department pending the decision of the City Council. No other or
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further stay shall be granted by the Department.
7553.14.4 SAME. WILLFUL MISREPRESENTATION. Notwithstand-
ing any other provision of law, and in addition thereto, and not in
lieu thereof, any willful misrepresentation of a material fact by
any person to the Department or to the City Council, made for' the
purpose of securing relief from the provisions of this Division for
any customer, is unlawful; and a violation of this subsection shall
be punishable by a fine not exceeding the sum of five hundred
dollars ($500), or by imprisonment in the county jail for a period
not to exceed six (6) months, or by both such fine and imprisonment.
7553.15.1 GENERAL PROVISIONS. ENFORCEMENT. The Depart-
ment shall enforce the provisions of this Division.
7553.15.2 SAME. DEPARTMENT TO GIVE EFFECT TO LEGISLATIVE
INTENT. The Department shall provide water to its customers in
accordance with the provisions of this Division, and in a manner
reasonably calculated to effectuate the intent hereof.
7553.15.3 SAME. REDUCTION IN WATER SUPPLIED. If any
customer fails to comply with any provision of this Division, the
Department may reduce the amount of water provided to that customer
to the level which that customer would be using said water if he
were complying with the provisions of this Division. The provisions
of this subsection shall be applied in lieu of, or in addition to,
any other penalties provided in this Chapter, in the discretion of
the Department, and shall be applied without regard to the status
or nature of the customer.
7553.15.4 SAME. PUBLIC HEALTH AND SAFETY NOT TO BE
AFFECTED. Nothing contained in this Division shall be construed
to require the Department to curtail the supply of water to any
customer when, in the discretion of the Department or the City
council, such water is required by that customer to maintain an
adequate level of public health and safety.
7553.15.5 SAME. REPORTS. At the written request of the
Water Manager, all commercial and industrial customers of the
Department using 25,000 billing units per year or more shall submit
a water conservation plan to the Department on a form and with a
content approved by the Water Manager. These users shall there-
after submit quarterly reports to the Department on the progress
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of their conservation plans.
7553.16. ENVIRONMENT. This Division and the actions
hereafter taken pursuant thereto are exempt from the provisions
of the California Environmental Quality Act of 1970 as a project
undertaken as immediate action necessary to prevent or mitigate
an emergency pursuant to Section 15071 (c) of the State EIR
Guidelines.
SECTION 2. In addition to the penalties provided in
this Ordinance, any condition caused or permitted to exist in
violation of any of the provisions of this ordinance shall be
deemed a public nuisance and may be, by the City, summarily abated
as such, and each day such condition continues shall be regarded
as a new and separate offense.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is, for any reason, held to be
invalid or unconstitutional by the decision of any court of compe-
tent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of
the City of Arcadia hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone
or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect the
prosecution 'for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provisions
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
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SECTION 5. The Clerk of the Council shall certify to
the pass?ge and adoption of this ordinance and shall cause the
same to be published in the official newspaper of the City of
Arcadia within fifteen (15) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Arcadia at its regular meeting held on the 21stday of June, 1977.
SIGNED AND APPROVED this 2lstday of June, 1977.
ATTEST:
~
I HEREBY CERTIFY that the foregoing ordinance was adopted
at a regular meeting of the City Council of the City of Arcadia,
California, held on the 21stday of June, 1977, by the affirmative
vote .of at least three Council members, to wit:
AYES: Council Members Margett, Lauber, Parry & Saelid
NOES: None
ABSENT: Councilman Gilb
~Jl'Jt
CITY CLERK OF THE CITY OF ARCADIA
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