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HomeMy WebLinkAboutHandout City Council Agenda Item of 05/21/02, Water Conservation MeasuresI~~<<~~ ~ ~R~ s~-~/~ CITY OF BOULDER "^ CITY COUNCIL AGENDA ITEM ~ MEETING DATE: May 21, 2002 Agenda Item Preparation Date. May 15, 2002 AGENDA TITLE: Introduction, first readmg and considerahon of a motion to order pubhshed by htle only an ordmance amendmg Sections 11-1-49, "Water Conservation Measures," 11-1-50, "Special Permits," and 11-1-51, "EnforcemenY' BRC 1981, to set forth measures for water conservation purposes, mcludmg restnctions on water use, and sethng forth detaals m relahon thereto REQUESTING DEPARTMENT: Ronald A Secnst, City Manager Robert E. Williams, Director of Pubhc Works for Utihhes Chns Rudkm, Water Qualtty Coordmator Paul Lander, Water Conservation Speciahst Sue Ellen Hamson, Assistant C~ty Attomey FISCAL IMPACT: Fiscal impact will occur due to an increased cost associated with the implementahon and enforcement of mandatory conservation measures and wrth a reduction m monthly revenues associated with using less water All these fiscal impacts will be absorbed withm the 2002 operatmg budgets. PURPOSE: To consider changes to the Boulder Revised Code concemmg mandatory water conservation efforts BACKGROUND: Drought condihons have severely reduced snowpack throughout Colorado, including Boulder's watersheds. Boulder relies on annual snowfall to replemsh its mountain water supplies. In addihon, dry warm weather has contributed to a higher than normal spring demand from water users, further deplehng available supplies Because the durahon of drought cannot be predicted, the city must take measures now to reduce water demand m order to asswe that adequate supplies remam available for essential sernces dunng the next yeaz. As an mihal step the crty has called for strong voluntary conservation by all water users and has curtailed water use by city facilities. If these voluntary measures are not sufficient to achieve target reductrons, mandatory measures may be necessary The Boulder Revised Code (Sections 1-1-48 -11-I-51, B.R.C 1981) cunently contains provis~ons for the prohibihon or restnchon of water use for irngarion purposes. Because this secrion has never been mvoked, staff have rev~ewed and updated the code language to provide "~" effecrive response if and when mandatory restrictions are deemed necessary. AGENDA TTEM # PAGE 1 Under condirions requinng mandatory conservahon, staff will develop regulahons based on code, to tazget specific demand reduction needs in the most effechve manner. Imhal regulahons "`* would focus on outside landscape imgahon, limthng watenng to certain days each week based on resident~al address and to certam hours of the day. The durarion of imgahon would also be hmited, to reduce overwatenng and waste Staff is currently wnsidenng the followmg approach• - Watering Days: Addresses endmg in• 00 - 30 may water on Thursday and Sunday 31 - 60 " " Wednesday and Saturday 61- 99 " " Tuesday and Fnday (No watenng would be allowed on Monday ) - Watering Hours: Watenng would be allowed only between the hours of 6 PM and 9 AM - Watering Duration: No mdividual application would be allowed to exceed 30 mmutes and no more than one applicahon would be allowed per hour PUBLIC COMMENT AND PROCESS: City press releases and other pubhc mformation sources have mcluded reference to the potenhal for mandatory conservahon. In addrtion, the Public Works DepartmenYs web page has mcorporated hnks to the current code language on this sub~ect. STAFF RECOMMENDATION: Staffrecommends that City Council approve adophon of the proposed code revisions ,,.~~ .~. Approved by. Ronald A. Secnst City Manager ATTACHMENTS: A Boulder Revised Code wrth proposed revisions ~ ~ AGENDAITEM# PAGE2 ORDINANCE NO AN ORDINANCE AMENDING SECTIONS 11-1-49, "WATER CONSERVATIONNIEASURES," I1-1-50,'`SPECIAL PERMITS," AND 11-1-51, °ENFORCEMENT;' B R.C 1981, TO SET FORTH MEASURES FOR WATER CONSERVATION PURPOSES, INCLUDING RESTRICTIONS ON WATER USE, AND SETTING FORTH DETAILS IN RELATION THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO. Sectton 1 Sections 11-1-49, 11-1-50, and 11-ll-~1, B R C 1981, are amended to read 11-1-49 Water Conservation Measures (a) The city manager may prohibit or restrict the use of water from the water utility far-~~rn nrr~;atxan-pmpesesor from any other source of water owned by the city °" (b) The city manager may impose ~ water conservarion measures, including, without limitation, the fotlow~ng• (1) ~r-darhrtaWatermg restrict~ons m~acr~c'inia-limrtmg water which shx$-may be used for lawn imgarion or other purposes outside a residence, apartment, commercial, or mdustnal bu~ldmg or any other structure (heremafter refened to as '-butldmg") except as follows• (A) Premises on which are located buildmgs of a set address or idenhflcation, whose last two digits are 00-30, may use ~vater on said premises outside said bu~ldmgs only, without fla~iant runoff or waste at any tmie, on those days provided by the policr of the Denver Wnter Board or alternatively, on a schedule established by the manaoer (B) Prenuses on which are located buildmgs of a set address or idenhficahou, whose last two di~its are 31-60, may use water on said premises outside said buildmgs only, without flagrant runoff or waste at any hme, on those days provided by the policy of the Dem~er Water Board or alternatively. on a schedule estabhshed by the manager ~ ~..- K\P W W Ab-warer consenanon ~ba a~pd ~ r_rc~s ~u s -fAGE ~ ~... (C) Prem~ses on which are located buildmgs of a set address or tdenhfication, ~~hose last two digtts are 61-99, may use water on said prenuses outside said buildmgs only, without flab ant runoff or waste at any hme, on those days provided by the policy of the Denver Water Board or alteinatively, on a schedule established by the manager (2~ Restnchons on filling sw~mmmg pools-sre-~ae~xted-nray~ ~-~~ a a Restnctrons on vehicle washmg, ~ncludmg, without limitation, ihe restnction that vehicles maybe washed only with a bucket or a hose ruruung wrth a spnng-loaded type shut-off nozzle but not with any fiee-runnmg hose. (?4) ~-Faur}q-rRestrichons on the use-a~hours dunng which water may be utihzed for outside irr~gahon oF lawns, gardens, or landscapmg (35) An excess water surcharge of five times the h~~hest mside city quantity chaige per ~"'-s one thousand gallons for mside city customers, and five times the hi~hest outside c~ty `~' quanhty charge per one thousand gallons for outside ctty customers, imposed on all water use exceedmg the followmg hmits User Twe' Limrts All nonarri~ation accounts 15,000 gallons per billing penod per meter. or the sum of the user's average wmter consumpuon plus 60% of the user's seasonal demand, whichever is greater Irrigation only accounts The sum of the user's averaee winter consumprion plus 60% of the user's seasonal demand, and (~#6) A moratormm on out-of-city water perniits under which no new pennits to tal:e or use water from the water utility of the ctTy to serve property located outside the city's corporate limits aze issued, notwithstandmg the pro~ isions of Section ll-1-15, "Out- of-Ciry Water Service;' B R C 1981 .~, 1. PIVR'A'~o-warer ~ouservanon iba wpd ~-GENDA Pi'EM ~l PAGE T (~7) If the city manaoer imposes an excess water surcharge upon a user, the manager, after recommendation of the director of utilihes, may grant an exemption to the surcharge requirements, if the user demonstrates unusual circumstances that wili result m substanhal ineqwty If the manager imposes a moratonum on out-of-city water pernuts, the manager may, upon recommendation of the director of util~ties, permit special requests to the city council and only upon a ~vntten findmg of eYtreme hardship resultm~ m immediate danger to life or property The manager may impose such reasonable conditions upon tlie grant of any~ exception authonzed herem as the manager deems advisable ~The city manager shall establish limits based on use of stmilaz accounts for new accounts for which no avera~e wmter consumption or seasonal demand figures are available 11-1-50 Special Permits (a) If the crty manager imposes daily or houriy watenng restnchons, the manager may issue special permrts, upon recommendation of the director of utilrties, as follows• (1) For watermg newly sodded lawns, each day for a penod not exceedmg fouReen consecutive days, ,,~ "-' (2) For watermg newly seeded lawns, each day for a penod not exceedmg twenty-five consecutive days, (3) For per~od waterin~ of outside stock at nursertes, greenhouses, and stores, (4) When there are circumstances that do not perniit a water user to deliver three-fourths of an mch of water per week on landscaped grounds of the user's premises, if the water user submits a plan descnbmg the azea to be served and the method to be used to del~ver an adequate amount of water, and (5) For water schedules otherwise prolubrted, m cases of a cleaz and piesent hardship (b) An apphcant for a special permit shall pay the special permit fee prescribed by Sechon ~-20- 23, "Water Permit Fees," B R C 1981, and apply m wntma on forms provided by the city mana~er that contain the folto~vmg mformation the reasons for requeshng the permit, the penod of time for w h~ch the permit is requested, the area or address of the p~ emises to wl~icl~ such permit applies, for requesis for addittonal watermg hmes, a plan descnbmg the area for which the permit is requested and a description of the method to be used to delrver an adequate amount of water to the area: and such other applicable mformation as the manager may reasonably request in order to review the applicatron ,l' PW W 4m-nater wnsrnauon ~ba ~~pd i .~GENDA TTEM ~ ~AGE ~ (c) The director of uUlrties shall review all requests for special permits and forward a copy of the applicauon and a recommendation thereon to approve, deny, or approve with conduions to the crty manager for final revie~v, approval, denial, or approval wrth conditions If the manager derues the applicat~on oi approves it with conditions, the applicant may, withm five days of recetvmg the decision, request a heanng before the manager under the proceduies prescribed by Chapter 1-3, "Quasi-Judic~al Hearings," B R C] 981, except that the manager shall hold the hearmg withm set~eirlwenty-one days of the date of the apphcant's wntten request The hearing officer shall not be the same person ~vho denied the application. (d) The holder of each spectal permit shall post the permit m a conspicuous place on the prenuses to which the permrt applies so that rt is readily visible from the street m front of or abuttmg the premises (e) i~io person who holds a special permrt shall transfer that permit from the premises for which the pernut is issued to any other prem~ses or locahon Any attempt to do so ~oids the permit. ( fl If any person holdmg a permit under tliis section violates any condition of the pei~nit, the city manager may revoke the permrt, after affordm~ the pennittee an opportumty for a hearmg under Chapter 1-3, "Quasi-Judicial Heazmgs," B R C 1981 Before such heanng, the manager may suspend the permrt for up to twenty days, if the manager finds that the public /~ health, safety, and welfare requires such suspension ~ (g) The city manager may establish such addirional procedures as deemed necessary for the review and processmg of special perniit applicat~ons (h) The city manager may establish a moratonum on the issuance of some or all of the spec~al peimits authonzed by this section. ll-1-51 Enforcement No owner and no occupant of a premises recei~-ing muruc~pal water shall fa~l to comply with the prov~sions of Sections 11-1-25. "Duty to Maintam Service Lmes and Firtures," 11-1-48, "Water Conservahon Program," 11-1-49, "Water Conservarion Measures," and 11-1-~0, "Special Permits," B.R.C 1981 Vioiators may be prosecuted m mumcipal court pursuant to the provisions of Section 5-2-4, "General Penalt~es." B R C. 1981, or violators may be admmistratively subject to imposition of the folio~vin~ penalties (a) For a first violation withm a twelve-month pertod, the city manager shall notify the owner and the occupant m wiitmg of tha violanon and add a$~0 00 chai~e to the water bill to the premises, due, payabte, and collectable, pursuant to the pro~~sions ofthts chapter ...,, K PR'WA'o-~~a[ercanservauunibaapA ~r.Fi~rna T'7'H'iN a ,~A(;E ~ ,.- (b) For a second violation within a t~vel~e-month period at the same premises, the city manager shal l norify the owmer and the occupant in wrihng of the violation and add a$100 00 charge to the water bill for the premises, due, payable, and collectable, pursuant to the provtsions of this chapter (c) For a third or any subsequent violation within a twelve-month penod at the same premises, the city manager shall nohfy the owner and the occupant m wrihng of the vio(atton and add a$?96-9@300 00 charge to the water bill for the premises, due, payable, and collectable, pursuant to the piovisions of this chapter. (d) For any contmum~ violat~on of the provisions of Sections 11-1-25, "Duty to Mamtam Service Lmes and Fistures," 11-1-48, "Water Conservation Program," and 11-1-49, "Water Conservation Nleasures," B R C 1981, the city manager may, m the manager's discretion- -----(~j~ suspend water seivice to the premises mstead of imposmg a charge as authorized by subsections (b) and (c) of ftus secUon; srn~ - - ~ ,~~ • r „`„ (e) If the city manager imposes a penalty charge pursuant to subsections (a), (b).or (c) of thts sechon, and a user determmes to contest the penalty, then the user may wrthm ten days of the date of the user's water bill upon which the charge appears, request that a crtat~on be issued and that the issue be decided m mumcipal coiu-t Fazlure to make such a request shall consritute a waiver of any nght to appeal the notice of violation or the penalty assessed therefor Section 3 The city council deems that an emergency exists due to diou~ht conditions caused by the severely reduced snowpack m the city's watersheds and a higher-than-normal spnng demand for water due to dry, warm weather Therefore, the council orders that this ordmance be eYYective immediately upon its adoption Sect~on 4 This ordmance is necessary to protect the public health, safery, and welfare of the residents of the ciry, and co~ers matters of local concern. h PR`WA\o-.varer consenanon ~ba wpd .f:WT19iA ~~Vfl?~._-'~t~a~i~. ~ Section 5 The council deems it appropnate that this ordmance be published by title only and orders that copies of this ordmance be made available m the office of [he crty clerk for pubhc mspecuon and acquisition INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this day of , 20_ Mayor Attest City Clerk on behalf of the Director of Finance and Record .~ READONSECONDREADING,PASSED,ADOPTEDASANEMERGENCYMEASURE .~ BY TWO-THIRDS COUNCILMEMBERS PRESENT, AND ORDERED PUBLISHED BY TITLE ONLY this day of , 20 Mayor Attest City Clerk on behalf of thz Director of Finance and Record K~PW W A\o-warer conservaz~on iba wpd ~ ,.......v_ ~A(!97~i~