REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Amend Sunnyvale Municipal Code Title 12 Chapter 12.24 (Water & Sewers), Adopt a Resolution to Amend the Fee Schedule to Include Penalties for Water Theft and Unreported Water Consumption from Hydrant Water Meters, and Find that the Actions are Exempt from CEQA
Report
BACKGROUND
This report recommends additions to the Municipal Code Title 12 Chapter 12.24 to clarify that theft of City water is unlawful, impose penalties for water theft and establish regulations for use of construction hydrant meters. The purpose of the proposed amendments is to address water theft and use of construction hydrant meters and to better define and clarify the unlawful use of water and set a penalty structure and appeals process.
Water is needed on construction sites for a variety of activities such as concrete work and plastering, dust suppression, hydro-demolition, and cleaning of tools and equipment. Contractors generally obtain water from a nearby fire hydrant using a city-issued construction hydrant meter. Over the last several months there have been several incidents where individuals connected directly to a fire hydrant without an approved meter and backflow device. This represents a water quality concern if a backflow device is not used when drawing water from a hydrant. It also represents revenue losses as water is being used without the ability to charge for usage. Criminal prosecution is generally not feasible in such cases because of difficulty proving the amount of water taken. By imposing a significant administrative penalty for water theft, the City hopes to deter such activities especially by construction contractors.
The proposed amendments will also define and clarify the use of construction hydrant meters for the purposes of ensuring that these units are used in accordance with Municipal Code Title 12 and California State Drinking Water Regulations. Currently, there are no requirements in the Municipal C...
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