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Currently, the Pleasanton average is around 219 gallons per pay. He explained that some of the numbers being discussed have been per household whereas others are per capita, which can cause some confusion. Currently, Councilmember Cook-Kallio also agreed with Mr. Moran's comments regarding heavy users and asked whether a per capita use of 1,000 gallons per day is seen anywhere in Pleasanton. Mr. Smith explained that the logistical challenges associated with a tiered system make enforcement very difficult. He said that the ordinance was crafted with a blanket goal, with the idea that staff will be more proactive and involved in helping the largest users reduce their consumption. He assured the Council and public that they are not at all interested in consumers like Mr. Tenbrink but that a blanket target is the only way to create a system that staff can reasonably measure and enforce. Councilmember Cook-Kallio asked and Mr. Smith confirmed that an extreme user, someone who used much more than their per capita share would likely fall into the top 20% that staff will be working with. She moved the staff recommendation, with direction to staff to introduce language to the ordinance recognizing long time conservationists. Mr. Smith acknowledged Mr Tenbrink's point but said that both he and the City Manager feel strongly that the ordinance as crafted, which allows for exceptions, is more appropriate that automatically eliminating those who feel they are already conserving. Councilmember Cook-Kallio asked and both Mr. Smith and Mr. Fialho confirmed that this conversation, as reflected, would sufficiently capture the intent with respect to Mr. Tenbrink's concerns. MOTION: It was m/s by Cook-Kallio/Narum, to approve the staff recommendation. Councilmember Brown said she could not find a basis for the reduction within the resolution and requested conformation that staff intends to do a year over year comparison averaged over the last three to four years. Mr. Smith clarified that the comparison is to the same period the year prior and that expanding that out to a longer period would only be used to accommodate those who arguing a position on long-term conservation. Councilmember Brown proposed an amendment to the motion, as reflected above. Councilmember Cook-Kallio supported the amendment and asked that staff use whatever language is necessary to clarify the basis for comparison. She asked that the ordinance also be clear how that basis can be changed to protect those who can demonstrate long-term water savings. Mr. Smith said those exceptions are made available through the appeals process, which is described in the ordinance. He noted that appeals would come directly to him and most, if not all, can be resolved with a simple look at a longer pattern of usage. Mr. Fialho explained that the ordinance, which the Council already approved, codifies the appeal process. By way of the resolution, he offered clarifying language to specify that the 25% reduction is mandated against the same billing cycle from the previous year. He also offered to add a clause that exceptions for demonstrated and prolonged conservation shall be considered. MOTION: It was m/s by Cook-Kallio/Narum, to approve the staff recommendation, as amended and waive full reading and adopt Resolution No. 14-675 declaring a Stage 3 Water Shortage and mandating a 25% reduction in water usage; waive full reading and adopt Resolution No. 14-678 proclaiming a local drought emergency; introduce and waive first reading of Ordinance No. 2097 City Council Minutes Page 11 of 20 May 6, 2014