Chapter 13.26
WATER CONSERVATION MEASURES FOR CITY CUSTOMERS*
Sections:
13.26.010 Authority.
13.26.020 Findings – Purpose.
13.26.030 Definitions.
13.26.040 Application.
13.26.050 Water shortage contingency plan.
13.26.060 Water shortage contingency plan activation.
13.26.070 Conservation measures – Stage 1 water shortage.
13.26.080 Water emergency.
13.26.090 Use allocations.
13.26.100 Conservation rates.
13.26.110 Exemptions.
13.26.120 Enforcement and penalties.
13.26.130 Additional penalties.
*Prior legislation: Ords. 1998 and 2037.
13.26.010 Authority.
California Water Code Section 10632(a) requires urban water suppliers to develop a water shortage contingency plan which indicates the actions the City will take in response to supply shortages in the Livermore municipal water system service area. California Water Code Section 10632(a)(5) allows water suppliers to use any type of consumption reduction methods in its water shortage contingency analysis that would reduce water use and are appropriate for its area. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011)
13.26.020 Findings – Purpose.
The City Council finds that it is in the public interest of the City’s water customers, the City, and the state to enact water conservation measures and to establish voluntary and mandatory water conservation practices to address water supply shortages and required demand reductions.
The purpose of this chapter is to establish voluntary and mandatory water conservation measures, best management practices, use penalties to prevent wasteful water practices and to minimize the effect of shortages on the City’s customers. This is accomplished through provisions that will significantly reduce water consumption over time, thereby extending the availability of water for the City’s customers while reducing the hardship to the greatest extent possible on or to the City and the general public. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011)
13.26.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Advisory notice” shall mean a written notice informing a Livermore municipal water customer that they are in violation of one or more provisions of this chapter and that additional violations may result in fines or termination of service.
“City” shall mean the City of Livermore, Alameda County, California.
“City water service area” shall mean the City of Livermore municipal water service area, which excludes the portions of the City of Livermore that are served by California Water Service Company (Cal Water).
“Commercial nursery” shall mean the use of land, buildings, or structures for the growing and/or storing of flowers, trees, edible crops, shrubs, and similar vegetation for the purpose of transplanting, stock, or grafting, and includes the retail sale or wholesale distribution of such items directly from the premises/lot.
“Conservation measures” shall mean activities or procedures to be used by residential, commercial, irrigation, and institutional water customers to reduce their potable water consumption.
“Conservation water rates” shall mean water rates adopted and enacted by the City Council to be used during water shortage events to both encourage conservation and to recover the appropriate amount of revenue to fund the City municipal water system operations from a reduced volume of water sold. Conservation rates are therefore higher than normal water rates charged during periods of adequate water supply. Conservation rates are broken down into “tiers” or levels which correspond to different stages of water supply reduction.
“Effective date” shall mean the date the ordinance adopting this chapter becomes effective.
“Essential water use” shall mean water used strictly for firefighting, health and safety purposes, water needed to sustain human and animal life, and water necessary to satisfy federal, state, and/or local public health, safety, or environmental protection requirements.
“Hand-watering” shall mean the irrigation of landscaping or vegetation using a handheld hose equipped with a positive shut-off nozzle to supply water directly to the area to be irrigated.
“Hand-watering from container” shall mean the irrigation of landscaping or vegetation using a watering can, bucket or container to pour water directly on the area to be irrigated.
“Impervious surface” shall mean a constructed or modified surface that cannot effectively infiltrate rainfall. This term includes but is not limited to a surface composed in whole or in part of asphalt, concrete, compacted gravel, or other nonporous or semiporous substance or substances.
“Positive shut-off nozzle” shall mean a device attached to the end of a hose that must be manually squeezed, pressed or otherwise held in place to allow water to flow out of the hose and which automatically shuts off the flow of water when continuous manual pressure is released.
“Urban water management plan” shall mean a plan required by California Water Code Section 10621(a) for urban water suppliers to review available water supplies and water demands over a 20-year planning horizon to confirm the adequacy of water supplies.
“Water shortage contingency plan” shall mean a plan required by California Water Code Section 10632(a) which outlines the steps the City will take to reduce water demands in response to water supply shortages. The plan establishes different stages or levels of water supply shortage corresponding to the expected amount of water supply reduction.
“Water shortage event” shall mean anything from a single occurrence as short as 24 hours to a multi-year weather condition. Droughts, earthquakes, water system failures, fire, contamination, regional power outages, state restrictions, and other causes can trigger the stages or levels of water supply shortage in the City’s water shortage contingency plan.
“Water waste” shall mean uses of potable water which are prohibited or limited, going beyond the purpose of necessary or intended use, including area runoff, and which could reasonably be prevented. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011)
13.26.040 Application.
This chapter shall apply within the City water service area and to all users connected to the Livermore municipal water distribution system. The provisions in this chapter do not apply to essential water uses. Compliance with the provisions of this chapter shall be a condition of continued water service. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011)
13.26.050 Water shortage contingency plan.
The Livermore City Council shall adopt a water shortage contingency plan for the operation of the Livermore municipal water utility as required under California Water Code Section 10632(a). The water shortage contingency plan shall be adopted by Council resolution and shall be reviewed and updated periodically as needed, however no less than every five years in years ending in six and one as required by California Water Code Section 10621(a).
The water shortage contingency plan shall specify stages of action corresponding to different levels of water supply shortage and identify voluntary or mandatory water conservation measures to be used by Livermore municipal water customers and as articulated in LMC 13.26.070 and 13.27.040 through 13.27.080. This chapter and Chapter 13.27 LMC provide the legal authority to implement the water conservation measures and best management practices included in the water shortage contingency plan. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011)
13.26.060 Water shortage contingency plan activation.
The water shortage contingency plan will be activated by Livermore City Council resolution following the plan guidelines. Council resolutions to activate the water shortage contingency plan shall establish the stage of action necessary to address the supply shortage. When activating the water shortage contingency plan, Council may also enact conservation rates as specified in LMC 13.26.100. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011)
13.26.070 Conservation measures – Stage 1 water shortage.
The following voluntary restrictions shall be applicable during a Stage 1 activation of the water shortage contingency plan:
A. Sprinkler irrigation, including construction meter irrigation, is permitted only after 6:00 p.m. and before 9:00 a.m. Watering is permitted at any hour if a hose with a positive shut-off nozzle, a handheld container, or a drip irrigation system is used.
B. Washing motor vehicles by hand is permitted only with the use of a hose fitted with a positive shut-off nozzle. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011. Formerly 13.26.080)
13.26.080 Water emergency.
When a water emergency is declared, the City Manager or their designee may implement additional mandatory conservation measures, restrictions, or best management practices to reduce water demands to match the available supply or to extend the length of time that current supplies will last. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011. Formerly 13.26.120)
13.26.090 Use allocations.
A. During periods of mandatory water conservation measures, the Public Works Director or their designee shall establish water use allocations for different customer classes. Water use allocations shall be based on a combination of average historical usage, per-capita water use targets, and/or other activity-specific water usage data. Water use allocations will be calculated to achieve a reduction in demand necessary to match the amount of supply available or to maximize the length of time that existing supplies will last. The Public Works Director or their designee shall, to the extent possible, establish use allocations at levels that achieve the required demand reduction while minimizing the impacts to users.
B. When use allocations are established, all customers shall reduce their consumption to meet the allocation within 30 days of notice by the City. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011. Formerly 13.26.130)
13.26.100 Conservation rates.
A. The Livermore City Council shall establish water rates and charges pursuant to LMC 13.20.030 to provide funding for the operation, maintenance and renewal and replacement needs of the City municipal water system. In addition to normal water rates and charges, the Livermore City Council shall also adopt water conservation rates to be used in the event of declared water shortages and implementation of the water shortage contingency plan described in LMC 13.26.050. Conservation water rates shall be calculated to recover the necessary revenue to continue to fund budgeted water system expenditures based on the expected reduction in water use at each stage of the water shortage contingency plan.
B. Conservation water rates will be implemented by Council resolution at the time of a declared water shortage event and will remain in effect until a subsequent Council resolution returning to normal water rates.
C. Conservation water rates may also be implemented by Council resolution to address shortfalls in water system revenues caused by reduced water sales. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011. Formerly 13.26.150)
13.26.110 Exemptions.
A. Any customer in the City water service area who believes that the application of the provisions of this chapter results in undue hardship or the customer’s circumstance applies to any of the circumstances contained in subsection C of this section may seek an adjustment in the customer’s use allocation.
B. Such customer in the City water service area shall request the adjustment in writing and shall state with specificity the reasons why the adjustment is warranted.
C. The Public Works Director shall consider all requests for exemptions. In deciding, the Public Works Director shall consider the following:
1. If the reduction in water use would threaten health, sanitation, fire protection, or the safety of the customer, the customer’s dependents or the general public.
2. If the reduction would cause unfair economic hardship including, but not limited to, loss of employment, loss of production, loss of jobs, or result in the unnecessary loss of a business.
3. Medical requirements of the customer.
4. Household size of the customer. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011. Formerly 13.26.160)
13.26.120 Enforcement and penalties.
If a customer exceeds the allotted usage developed under LMC 13.26.090 for three consecutive billing periods, the City may increase the billing rate for all water used by that customer to the highest tier conservation rate for a period of three months. At the end of three months, if the customer’s use still exceeds the allotted amount, the City may continue to charge the customer at the highest conservation rate for an additional three months or until the customer’s usage drops to below the allocation. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011. Formerly 13.26.170)
13.26.130 Additional penalties.
In addition to the penalties provided by LMC 13.26.120, violation of this chapter may result in the imposition of surcharges and/or termination of water service as set forth below:
A. First Violation. Advisory notice accompanied by a copy of this chapter and a City conservation information packet delivered to customer by United States mail.
B. Second Violation (Within One Year of the First Violation). One hundred dollar surcharge.
C. Third Violation (Within One Year of the First Violation). Three hundred dollar surcharge.
D. Fourth Violation (Within One Year of the First Violation). Five hundred dollar surcharge and termination of water service for such period as the City Manager determines to be appropriate under the circumstances, following a hearing regarding said issue. Written notice of the hearing shall be mailed to the customer at least 10 days before the hearing.
E. Any surcharge hereunder shall be in addition to the basic or conservation water rates and other charges of the City for the account. Receipt of payment must be made to the City within five business days of the violation. If payment is not received within five business days, the water meter will be locked off and service disconnected until payment is received. In addition to any surcharge, a customer violating this chapter shall be responsible for payment of the City’s charges for disconnecting and/or reconnecting service per the City’s rate resolution then in effect. Nonpayment shall be subject to the same remedies as nonpayment of basic water rates.
F. The Public Works Director shall designate specified employees to act as enforcement officers, who shall have the authority to enforce the provisions of this chapter.
G. In addition to the above, the City Manager or his or her designee is empowered to enact other penalties and restrictive measures including but not limited to the placement of a flow restricting device upon the water service, locking off a water meter, removal of a water meter, and/or shutting off of a mainline. (Ord. 2132 § 1 (Exh. A), 2022; Ord. 2065 § 1(A), 2018; Ord. 1946 § 1 (Exh. A), 2011. Formerly 13.26.180)