Note: Prior ordinance history: Ords. 1508, 1560, and 2000.
A water shortage emergency shall be declared by resolution of the city council. The city manager may administratively determine that any water shortage is terminated, and inform the city council of such determination.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
The purpose of this chapter is to provide both voluntary and mandatory water conservation stages to minimize the effect of a shortage of water on the city's customers and, by means of this chapter, 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 city's customers while reducing the hardship to the greatest extent possible on or to the city and on or to the general public. This chapter is also intended to implement the Urban Water Management Plan's water shortage contingency planning and stages of action.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
The provisions of this chapter shall apply to all customers, as defined herein, regardless of whether any customer using water shall have a contract for water service with the city. Notwithstanding other municipal code provisions inconsistent with this chapter, the provisions of this chapter shall supersede and prevail for the duration of a city council declared water shortage.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
"AWSDA"
means Annual Water Supply and Demand Assessment, required to be conducted annually by urban water suppliers under California Water Code Section 10632.
"City"
means the city of Pleasanton.
"City manager"
means the city manager of the city, or designee.
"Customer"
means a person, firm, partnership, association, corporation and all other institutions and businesses receiving water from the water distribution system of the city.
"Director"
means the director of operations and water utilities of the city, or designee.
"Illicit discharge"
means any discharge into a storm drain system that is not composed entirely of stormwater.
"Low water user"
means a single-family residential individually metered customer using no more than a specified number of water units within one billing period as established by council resolution when a water shortage emergency is declared.
"Measurable rainfall"
consists of at least one-fourth of one inch of rain, based on records of the National Weather Service or local California Irrigation Management Information System (CIMIS) station data.
"Medical patient-care facility"
means a use where licensed medical professionals provide health services to patients, including, but not limited to, hospitals, medical and dental clinics, veterinary offices, residential care facilities for the elderly and adult residential care facilities.
"Urban water management plan"
means a plan required by California Water Code Section 10621(a) for water suppliers to review available water supplies and water demands over a 20 year planning horizon to confirm adequacy of water supplies.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
The following types of customers or uses are those which exist in the city's current utility billing system, as follows:
A. 
"Single-family residential individually metered" consists of water service to land improved with structures designed to serve as a residence for a single family, including single-family home, townhomes, and condominiums.
B. 
"Commercial and multiple-family" consists of water service to land improved with structures designed to serve commercial (including restaurants), recreational, charitable, educational and cultural uses, as well as residential uses sharing water meters.
C. 
"Irrigation" consists of water service which is separately metered and is used exclusively to water turf and other landscaping areas.
D. 
"Special landscape areas" are uses as defined in the California Water Efficient Landscape Ordinance Government Code Section 65591 et seq.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
The following stages of action for reduction in water use depend on the total amount of water supplied to the city by Zone 7 Water Agency and the amount of water the city is able to pump out of the groundwater basin from its own wells. These stages are based on the Water Shortage Contingency Plan, a component of the Urban Water Management Plan. If a stage of mandatory water reduction is declared, the city council may also enact water drought rates as specified in PMC 14.04.070 and the Master Fee Schedule.
REDUCTIONS IN WATER USE
Stage
Overall Reduction
Voluntary or Mandatory
1
Up to 10%
Voluntary
2
Up to 20%
Voluntary or Mandatory
3
Up to 30%
Mandatory
4
Up to 40%
Mandatory
5
Up to 50%
Mandatory
6
More than 50%
Mandatory
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
California Water Code Section 10632(a)(6) requires a water supplier to penalize or charge for excessive water use, where applicable. To comply with this state mandate, water use shall be calculated as described in this section.
A. 
When a water shortage is declared with mandatory reductions in water use, the director may impose the applicable stage of mandatory reduction by calculating customers' average usage for the same billing period from one to four prior years, as data is available. If sufficient historic usage information is not available, the director may base water use allocations on a combination of the limited historic usage data available, per-capita water use targets, water usage from similar customer types, and other activity-specific water usage data.
B. 
Usage of water in excess of a customer's mandatory conservation amount is subject to excess use penalties in Section 9.30.100.
1. 
Medical patient-care facilities, because they are responsible for life and safety services, are only required to achieve a 15 percent reduction when a Stage 2 mandatory reduction of 20 percent is required, or when any higher stage is declared or greater mandatory reduction required.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
The following conservation measures are applicable for adequate supply, and the declared water shortage stage(s) indicated:
A. 
Stage 1—Up to 10 Percent Voluntary Reduction. Adequate supply is currently available. To protect and preserve the community water supply the elimination of wasteful water uses is essential at all times, regardless of water supply stage. Pleasanton customers shall always observe the following regulations on water use:
1. 
Use potable water for irrigation of landscapes in a manner that does not result in runoff such that water flows onto adjacent property, non-irrigated areas, driveways, private and public walkways, roadways, parking lots, or structures.
2. 
Schedule regular irrigation of lawn and landscape between the hours of 9:00 p.m. and 6:00 a.m. the following day. Watering is permitted at any hour if a hand-held nozzle or drip irrigation is used. Special landscapes are exempted.
3. 
The use of potable water to wash down sidewalks, walkways, driveways, parking lots, open ground or other hard surface areas by the direct application of water is prohibited.
4. 
The use of potable water for washing vehicles and/or machinery from a hose equipped with a shut-off nozzle is permitted as long as water does not enter the storm drain system.
5. 
Repair potable water leaks from breaks within the customer's plumbing system within eight hours after customer is notified or discovers the break.
6. 
Reduce other interior or exterior uses of water to minimize or eliminate excessive runoff or waste.
7. 
Restaurants shall serve water to their customers only when specifically requested.
8. 
Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.
9. 
The use of water for construction activities should utilize recycled water, rather than potable water. Such use shall occur in a manner that does not result in runoff or illicit discharge into the storm drain system.
10. 
Commercial power washing should utilize recycled water, in a manner that does not result in water discharging into the storm drain system.
11. 
Pools and spas should remain covered when not in use to prevent evaporation, and should be equipped with recirculating pump(s).
12. 
The use of potable water in decorative, non-recirculatory ponds, fountains, and other decorative water features is prohibited.
13. 
Use of potable water to irrigate outdoor landscaping during and 48 hours after measurable rainfall is prohibited.
B. 
Stage 2—Up to 20 Percent Voluntary or Mandatory Reduction. There is sufficient uncertainty concerning water supply, either based upon AWSDA findings or unforeseeable events, to lead to the conclusion that supply may not adequately meet normal demand in the current or upcoming years. The following restrictions shall be applicable during a Stage 2 activation of the water shortage contingency plan:
1. 
All of the Stage 1 restrictions, in subsection A, shall continue to be in effect during Stage 2, and shall be mandatory under a mandatory Stage 2 declaration.
2. 
Outdoor irrigation of lawn and ornamental landscaping shall be limited to one day per week November through February, and no more than three non-consecutive days per week March through October. Irrigation system checks for breaks/leak repairs by present irrigation professionals who remain on site directly observing the system are excluded. Special landscape areas and other water-dependent industries shall work with the director to identify water use to maintain biological viability and irrigation system operational performance, while still achieving the required percent reduction.
3. 
Commercial customers should post water conservation messages on bathroom lavatory mirrors.
4. 
The use of water for construction activities shall utilize recycled water, rather than potable water. Such use shall occur in a manner that does not result in runoff or illicit discharge into the storm drain system.
C. 
Stage 3—Up to 30 Percent Mandatory Reduction. There are definable events, including, but not limited to AWSDA findings, that lead to a reasonable conclusion that in the current and/or upcoming water years, water supplies may not be adequate to meet all customer water demands. Or, previous water conservation targets have not been met, therefore further action is necessary. The following mandatory restrictions shall be applicable during a Stage 3 activation of the water shortage contingency plan:
1. 
All of the prohibitions, restrictions, and recommendations set forth during adequate supply and Stage 1 and voluntary Stage 2, shall all be in effect and shall all be mandatory.
2. 
Outdoor irrigation of lawn and ornamental landscaping shall be limited to one day per week November through February, and no more than two non-consecutive days per week March through October. Special landscape areas and other water-dependent industries shall work with the director to identify water use to maintain biological viability and irrigation system operational performance, while still achieving the required percent reduction. Irrigation system checks for breaks/leak repairs by present irrigation professionals who remain on-site directly observing the system are excluded.
3. 
Restaurant kitchens shall be equipped with low-flow rinse nozzles.
D. 
Stage 4—Up to 40 Percent Mandatory Reduction. There are definable events, including, but not limited to AWSDA findings, that lead to a firm conclusion that in the current water year, water supplies will not be adequate to meet customers' water demands; and/or previous water conservation targets have not been met, therefore further action is necessary to reduce water demand. The following mandatory restrictions shall be applicable during a Stage 4 activation of the water shortage contingency plan:
1. 
All of the prohibitions, restrictions, and recommendations set forth during Stages 1, 2, and 3 shall all be in effect and shall all be mandatory.
2. 
Washing of autos, trucks, trailers, and other types of mobile equipment is permitted only at commercial car wash facilities that recycle all or part of the water.
3. 
Outdoor watering under Stage 4 is restricted as follows:
a. 
Single-family residential individually metered and multi-family (non-irrigation) classes shall be limited in the use of all outdoor watering to hand-watering using a hose with a positive shut-off nozzle, drip, or subsurface irrigation on two non-consecutive days per week.
b. 
All other water customers classes not falling under subsection (D)(2)(a) (with the exception of commercial nurseries, public sport fields, golf courses, and other water dependent industries, per subsection (D)(2)(c)) shall be limited in the use of all outdoor watering to hand-watering using a hose with a positive shut-off nozzle, drip, or subsurface irrigation to two non-consecutive weekdays; specified as Mondays and Thursdays unless otherwise granted permission for alternate watering days by the director.
c. 
Commercial nurseries, public sport fields, golf courses and other water dependent industries shall work together with city staff under the direction of the director to develop an approved irrigation schedule.
i. 
Irrigation system checks for breaks/leak repairs by on-site irrigation professionals who remain on site directly observing the system are excluded.
E. 
Stage 5—Up to 50 Percent Mandatory Reduction. Definable events, including, but not limited to, AWSDA findings, lead to a firm conclusion that water supply is considerably inadequate to meet customers' water demands; and/or earlier stages have been in effect and the reduction goal is not being met, therefore further action is necessary to reduce water demand. The following mandatory restrictions shall be applicable during a Stage 5 activation of the water shortage contingency plan:
1. 
All of the prohibitions, restrictions, and recommendations set forth during Stages 1, 2, 3, and 4 shall all be in effect and shall all be mandatory.
2. 
No person shall empty and refill a swimming pool except to prevent or repair structural damage or to comply with public health regulations.
3. 
Potable water shall not be used for decorative ponds, basins, lakes, waterways, and fountains.
F. 
Stage 6—More than 50% Mandatory Reduction. Definable events, including, but not limited to, AWSDA findings, have severely compromised water supply in the current water year; and/or earlier stages have been in effect and the reduction goal is not being met, therefore further action is necessary to reduce water demand. The following mandatory restrictions shall be applicable during a Stage 6 activation of the water shortage contingency plan:
1. 
All of the prohibitions, restrictions, and recommendations set forth during Stages 1, 2, 3, 4 and 5 shall all be in effect and shall all be mandatory.
2. 
The irrigation of turf or lawn using potable water is prohibited. All water customers, with the exception of commercial nurseries, golf courses, sport fields, and other water dependent industries, shall be limited in the use of all other non-lawn area watering to hand-watering from a container of less than five-gallon capacity on no more than two days per week. The aforementioned water dependent industries shall work with city staff under the direction of the director to develop an approved irrigation schedule.
3. 
No person shall drain and refill swimming pools and spas. Nor shall new pools be filled.
4. 
Laundromats are prohibited from using non-efficient washing machines.
G. 
Public Health and Safety. These regulations shall not be construed to limit water use which is immediately necessary to protect public health and/or safety.
H. 
During any of the water shortage stages described in this section, the city council may impose additional irrigation parameters to align with regional water agencies by resolution.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
A. 
It is the purpose of the city to protect the public health, safety and welfare, as well as property of customers within the city. Any time there is evidence that the fire storage water volume is threatened in any reservoir or that low water pressure may occur in any pressure zone, the city may, without notice, temporarily shut off by locking out any water service connection. The city shall restore such service as soon as an adequate water supply is assured. Efforts will be made to contact customers from the billing information on record if it appears that service will be interrupted for more than 24 hours.
B. 
Emergency public announcements may be made by electronic media, local radio and television whenever a shut off is found to be necessary.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
A. 
Water usage in excess of the amount provided in Section 9.30.070 of this chapter is subject to the following penalties:
 
Exceed 1 time
Exceed 2 times
Exceed 3 times
Exceed 4 or more times
Stage 1 Up to 10% Voluntary
No penalty
No penalty
No penalty
No penalty
Stage 2 Up to 20% Voluntary
No penalty
No penalty
No penalty
No penalty
Stage 2 Up to 20% Mandatory
$2.50 additional for all units
$5 additional for all units + $25
$7.50 additional for all units + $50
$10 additional for all units + $100
Stage 3 Up to 30% Mandatory
$4 additional for all units + $50
$8 additional for all units + $100
$12 additional for all units + $250
$16 additional for all units + $500
Stage 4 Up to 40% Mandatory
$6 additional for all units + $100
$12 additional for all units + $250
$18 additional for all units + $500
$24 additional for all units + $750
Stage 5 Up to 50% Mandatory
$8 additional for all units + $150
$16 additional for all units + $300
$24 additional for all units + $550
$32 additional for all units + $800
Stage 6 More than 50% Mandatory
$10 additional for all units + $200
$20 additional for all units + $350
$30 additional for all units + $600
$40 additional for all units + $850
1. 
These excess use penalties may be added to a water bill using the identifier "drought surcharge," or billed separately, at the discretion of the director.
2. 
Additional penalties for multiple times exceeding water use amount are for the number of times within the prior 12 months.
B. 
Medical patient care facilities are only subject to excess use penalties when they do not achieve the 15 percent reduction described in Section 9.30.070.
C. 
The city manager is authorized to suspend excess use penalties for all customers when weather conditions, seasonal temperatures, or other factors make water use reduction impracticable. Such suspension of excess use penalties may be administratively enacted upon the following:
1. 
The city manager's consultation with the director.
2. 
The city manager notifying the city council, and providing the city council with the option to discuss the suspension at a future city council meeting.
3. 
Notice provided to customers via water bills, as well as notices on the city's website, stating the time period of such suspension (e.g., the starting and ending of dates).
4. 
After reaching the ending date of any suspension of excess use penalties, customers will not be subject to the possibility of any re-imposed excess use penalties until a full billing cycle beyond the suspension occurs.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
During the time this chapter is in effect:
A. 
It is unlawful for any customer to use water obtained from the water system of the city of Pleasanton through fraud, including misrepresentation made to obtain a particular allocation.
B. 
It is unlawful for any customer to waste water. As used herein, the term "waste" means:
1. 
Use of potable water between 9:00 a.m. and 6:00 p.m. to irrigate grass, lawns, ground-cover, shrubbery, crops, vegetation, and trees, with the exception of hand watering and drip irrigation; Irrigation system checks for breaks/leak repairs by present irrigation professionals who remain on site directly observing the system are excluded.
2. 
The application of potable water to outdoor landscaping in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
3. 
Use of potable water to irrigate outdoor landscaping during and within 48 hours after measurable rainfall;
4. 
Use of potable water to wash down sidewalks, walkways, driveways, parking lots, open ground or other hard surface areas by the direct application of water thereto;
5. 
Allowing potable water to escape from breaks within the customer's plumbing system for more than eight hours after the customer is notified or discovers the break;
6. 
Use of water in non-recirculating decorative ponds, fountains, and other decorative water features;
7. 
The serving of drinking water other than upon request in eating or drinking establishments, including, but not limited to, restaurants, hotels, cafés, cafeterias, bars, or other public places where food or drink are served and/or purchased;
8. 
Use of potable water for any purpose in excess of the customer's allowed usage as provided in Section 9.30.070.
9. 
Use of potable water for outdoor landscaping through a dedicated irrigation meter within the city's recycled water use area unless otherwise exempted by the director for existing water customers, or city engineer for new development.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
A. 
Any customer who believes that the application of the provisions of this chapter results in unfair treatment or causes undue hardship may seek an adjustment in the customer's allocation.
B. 
The customer shall pay all amounts due and owing on their utility bill, expect for any disputed penalty imposed by the city pursuant to this chapter.
C. 
Such customer shall request the adjustment in writing and shall state with specificity the reasons why the adjustment is warranted, and provide any applicable supporting documentation. Such request for an adjustment shall be submitted within 30 days of receipt of the bill that is the subject of the adjustment request.
D. 
The director shall consider all requests and make a written decision, transmitted by U.S. mail or email, within 30 days of receiving all information supporting the adjustment request. Basis for granting an adjustment may be granted by giving particular consideration to the following:
1. 
The reduction would cause conditions threatening to health, sanitation, fire protection or safety of the customer, the customer's dependents or the general public.
2. 
The reduction would cause unfair economic hardship, including, but not limited to, loss of employment, loss of production, or loss of jobs, or be unfair or result in the unnecessary loss of a business.
3. 
Medical requirements of the customer.
4. 
Permanent change to the household size of the residential customer (temporary visitor(s)/guest(s) do not warrant a request for adjustment).
E. 
The director's decision may be appealed in writing to the city manager for reconsideration on the written record. Such appeal shall be submitted within 15 days of the date of the director's decision. The city manager shall review written material submitted by the customer, written information from the director, and shall issue a decision within 30 days of receipt of the complete written materials. The city manager's decision as to the request shall be final.
1. 
Within 10 days after the denial of an adjustment appeal is deemed final, the customer shall pay any disputed penalty imposed by the city.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
After the city council adopts a water shortage contingency plan stage, customers will be notified by the city's website, publication in the newspaper, local electronic media, and/or by mail. The failure of any customer to receive actual notice shall not invalidate any action taken by the city council as to a particular customer nor reduce the amount of the penalties provided herein.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
Where the current customer has no billing history, or only a partial billing history, the director shall determine the customer's allocation, based upon the allocation for similar customers.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)
If any provision of this chapter is held to be unconstitutional, it is the intent of the city council that such portion of such chapter be severable from the remainder and that the remainder be given full force and effect.
(Ord. 2092 § 1, 2014; Ord. 2104 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2148 § 1, 2016; Ord. 2221 § 2, 2021; Ord. 2231 § 2, 2022)