Division 3 — WATER CONSERVATION PLAN

(Division 3 added by Ord. 1930 adopted 2-5-91)

7553. • SCOPE.

There is hereby established a City of Arcadia Water Conservation Plan.

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 obtains its water supplies, the general welfare requires that the water resources available to the City to be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable 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.

Pursuant to Arcadia City Charter Sections 415 and 419, 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.

The purpose of this Urgency Ordinance 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 Urgency Ordinance, 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 the City while reducing the hardship of the City and the general public to the greatest extent possible.

The following words and phrases, whenever used in this Urgency Ordinance, 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 individual sections of this Urgency Ordinance.

7553.4.1. "Customer" means any person, persons, association, corporation or governmental agency supplied or entitled to be supplied with water service by the Water Division.

7553.4.2. "Base period" means that period of time over which the base is computed.

7553.4.3. "Base" means the amount of water used on a customer's premises during the corresponding billing period as determined by the Water Division.

Any customer who was not a customer on the premises for which service was billed by the Water Division during the base period shall be assigned the same base for such or similar premises as provided above, and the Water Division 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.

7553.4.4. "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.

The various officers, boards, departments, bureaus and agencies of the City are authorized and directed to immediately implement the applicable provisions of this Urgency Ordinance upon the effective date hereof.

The provisions of this Urgency Ordinance shall apply to all customers and property served by the Water Division wherever situated, and shall also apply to all property and facilities owned, maintained, operated or under the jurisdiction of the various officers, boards, departments, bureaus or agencies of the City.

This Urgency Ordinance 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 specific action necessary to prevent or mitigate an emergency pursuant to Section 15269 (c) of the California Environmental Quality Act Guidelines and Public Resources Code Section 21080 (4).