Item 7 - Drought Emergency Response
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AGENDA REPORT -
CITY OF POW A Y
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TD: H'""'b1' '"'' ,,' '"","~h' Cl', C'""",
FRDM: James L. Bowersox, City Ma
DATE: March 19, 1991
SU8JECT: Drought Emergency Response
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ABSTRACT
Attached are three items that are part of the staff report for this meeting:
1) a draft ordinance containing use restrictions adopted by the San Diego
County Water Authority at their meeting on March 14, 1991; 2) the working draft
ordinance considered by the San Diego County Water Authority; 3) a staff report
proposing a pricing structure as discussed at the March 12, 1991 City Council
meeting.
Water Code Section 376 provides that an Ordinance adopted to enforce a water
conservation program at a duly noticed public hearing is effective immediately.
Staff has noticed such a hearing for March 26, 1991 and final action should be
taken at that hearing. This will put the required provisions in effect prior to
Apri I 1, 1991.
RECOMMENDATIDN
It is recommended that the City Council tentatively adopt the Ordinance and
pricing structure and direct that staff prepare them in final form for adoption
at the pUblic hearing scheduled for March 26, 1991. .
JL8:MKW:mw
Attachments: Staff report and draft City ordinance (pages 2-17)
Working copy of SDCWA Ordinance (pages 18-32)
Staff report re pricing structure (pages 33-43)
ACTION:
It MI-\t< 1 ~ 1991 ! T iMu_L
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I of 43
0- AGENDA REPOhf
CITY OF POW A Y
TO: Honorable Mayor and Members of the city
FROM: James L. Bowersox, City Man~
INITIATED BY: Alan D. Archibald, Director of Public services~
DATE: March 19, 1991
SUBJECT: An Ordinance Declarinq a Water Shortaqe
Emerqencv and Establishinq Prohibitions on Water
Usaqe and Establishinq Water Rates Durinq the
Emerqencv
BACKGROUND
At their March 14th meeting, the San Diego County Water Authority
(SDCWA) unanimously approved an ordinance requiring their member
agencies to establish certain water use prohibitions as a condition
of receiving water service. Member agencies failing to adopt the
water use prohibitions detailed in the ordinance prior to April 1,
1991, will pay a $200 per acre foot surcharge on top of the normal
cost of water. Agencies failing to achieve a 50% reduction in
water usage during the month of April, will be subject to flow
restrictions effective May 1, 1991.
FINDINGS
The intent of the SDCWA ordinance is to establish County-wide water
use restriction that will aid each member agency in achieving a 50%
reduction in water usage. However, the Board admits that the ~
prohibitions alone will only achieve a 30-35% reduction in water
use. They are therefore, also requiring each agency to impose a
"Penalty pricing Program" to help achieve the additional 15-20%
reduction. The resolution establishing water rates during this
emergency is incorporated as Attachment 1 to this ordinance.
The subject ordinance, Exhibit A, incorporates only the
prohibitions required by the SDCWA. A summary of the prohibitions
is as follows:
1. IRRIGATION OF TURF.
Irrigation of turf is prohibited except under the following
circumstances:
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ACTION:
M~K 1 \J 1991 Il;eM..7 _ _~
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2 of 43
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Water Ordinance
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March 19, 1991
a. for active pUblic park and school ground areas no more than
twice weekly;
b. where trees and shrubs are interspersed in nonactive public
turf areas supported by the same irrigation system, the
areas under the tree drip lines may be watered no more than
once every 14 days;
c. at day care centers where required by license, no more than
twice weekly;
d. for purposes of maintaining public safety (such as fire
protection); and
e. when using reclaimed water, greywater, or private well water.
2. IRRIGATION OF GROUND COVER.
Irrigation of ground cover is prohibited except under the following
circumstances:
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a. for fire protection;
b. where trees and shrubs are interspersed amidst ground cover
supported by the same irrigation system; and
for preservation of existing ground cover which is designed to "
c.
stabilize slopes.
Irrigation of ground cover, as allowed per the special
circumstances outlined above, is restricted to once every 14 days.
3. IRRIGATION OF TREES. SHRUBS INCLUDING AGRICULTURAL PRODUCTION
Outside irrigation of trees, shrubs, and other plants which are not
turf or ground cover, is allowed only by hand-held hose with
positive shutoff nozzle, bucket, or micro irrigation
systems/equipment. Sprinkler systems may only be used for
agricultural production, watering active public park and schoo 1
ground areas, maintenance of ground cover in accordance with
Section II, and for purposes of maintaining public safety (such as
fire protection).
3 of 43 111/.\1\ 1 U 1991 n~M 7
Water Ordinance
Page 3
March 19, 1991
4. IRRIGATION WATERING HOURS
No outdoor irrigation shall occur between 9:00 a. m. and 4:00 p.
m" except when using a micro irrigation system/equipment, or for
agricultural production, or when using reclaimed water, greywater
or private well water. Anyone using such alternative water sources
shall post signs along public rights-of-way noticing the type of
usage.
5. HOSING OR SPRAYING OF PAVED OR HARD SURFACES
Hosing paved or hard surfaces, including but not limited to
sidewalks, driveways, patios, streets and parking areas, is
prohibited except for compelling public health and safety reasons.
Allowed hosing activities shall be done only with a hose equipped
with a positive shutoff nozzle.
Spraying hard surfaces during irrigation activities is prOhibited.
6. RUNOFF AND REPAIRING OF LEAKS
AIl runoff, except natural runoff from property, is prohibited.
Leaks to irrigation and plumbing systems shall be immediately
repaired.
7. FILLING OF POOLS AND SPAS
Filling of new residential pools and spas or draining and refilling
existing swimming pools or spas is prohibited except under the
following circumstances:
a. where the owner can produce and demonstrate a conservation
offset; or
b. where the owner can produce evidence that private well water
will be utilized.
c. where the draining of existing pools is under orders of the
appropriate local health or building official.
8. RECREATIONAL AND ORNAMENTAL LAKES AND PONDS
Recreational and ornamental lakes and ponds may not be filled or
refilled except with reclaimed water or other nonpotable water.
Lakes and ponds utilizing reclaimed water or other nonpotable
water, must post signs noticing such usage.
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March 19, 1991
9. GOLF COURSE IRRIGATION
Golf courses may use potable water supplied by a member agency only
to irrigate tees and greens. Irrigation of fairways and roughs
wi th potable water or any blend thereof, is prohibited. Gol f
courses irrigating with reclaimed water or other nonpotable water
shall post signs noticing such usage.
10. RESTAURANTS
Restaurants shall serve water only upon request.
11. ORNAMENTAL FOUNTAINS
Operation of ornamental fountains is prohibited except when
nonpotable or reclaimed water is used and where signs are posted
notifying such use.
12. WASHING OF VEHICLES
- Washing of vehicles is prohibited except:
a. in commercial carwashes;
b. commercial vehicles for reasons of public health and safety;
c. where water has been salvaged from indoor use, e. g, warmup ~
water from showers, sinks, and/or lavatories; or
d. by a mobile high-pressure/l ow volume service.
13. NEW SERVICES
Except as to property for Which a building permit has been
heretofore issued, no new potable water service shall be provided,
no new temporary meters or permanent meters shall be provided, and
no commitments (such as, will serve letters, certificates, or
letters of availability) to provide potable water service, shall be
issued, except for the following circumstances:
a. the commitment includes a notice that a water shortage
emergency condition prevails, resulting in a water moratorium,
and no water service is currently available;
b. for projects necessary to protect the pUblic's health, safety,
_ and welfare;
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March 19, 1991
c. when it can be demonstrated that no net increase in water use
will occur; or
d. when a conservation offset is provided.
In order to achieve additional water savings, the City Council may
wish to consider the following additional restrictions or measures
in the future, by separate ordinance or resolution:
1- Require all new homes sold within the City that are supplied
with City water, to retrofit to low flow plumbing prior to the
close of escrow.
2, Prohibit the use of reverse osmosis (RO) units and self-
generating (brine) water softeners.
3. As a condition of allowing swimming pools or spas to add water,
require that the pool or spa be covered.
4. Adopt a Best Management Practices (BMP) water use policy.
5. Establish specific City-wide landscape standards designed to
minimize landscape losses during any future drought condition
(i. e. xeriscape and micro-irrigation standards and turf-type
and use restrictors.)
6. Policy regarding ground water wells.
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7. Guidelines regarding greywater usage during drought conditions.
8. Revise water conservation ordinance to be consistent with seven
stage, with MWD's Incremental Interruption and Conservation
Plan (ncP) .
9 Require the retrofitting of homes with low flow plumbing as an
additional condition of building permits for swimming pools.
10. Develop a policy and priority criteria for allocation of
construction water for public and private projects.
Agencies failing to achieve the 50% cutback quota during the month
of April may be subject to the installation of a flow restrictor
limiting the agency to their quota. This provision is imposed to
restrict agencies from buying their way out of the drought.
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March 19, 1991
ENVIRONMENTAL REVIEW
Council action on the proposed ordinance is categorically exempt
from the requirements of CEQA, pursuant to Sections 2l0BO (b) (4)
and 21060.3 of the Public Resources Code and Sections 15269 (c) and
15307 of the CEQA guidelines.
FISCAL IMPACT
All costs associated with enforcement of this ordinance, will be
funded from water revenues.
RECOMMENDATION
It is recommended that the City Council review and give staff
direction regarding the attached ordinance, Exhibit A, entitled,
IIAn Ordinance of the City of Poway, California Declaring the
Existence of a Water Shortage Emergency Condition, Establishing
Procedures to Preserve and Allocate Available Water Supplies and
Establishing Water Rates During the Emergency" and direct staff to
bring back the subject ordinance for council adoption at the March
26th meeting after the scheduled public hearing,
JLB:ADA:pq
Attachments: (1)
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C:\WP51\COUNCIL\WTRORD.MAR
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7 of 43 MJ.\t< 1 B 1991 Ilt.M 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE EXISTENCE OF A WATER SHORTAGE
EMERGENCY CONDITION, ESTABLISHING PROCEDURES TO PRESERVE AND
ALLOCATE AVAILABLE WATER SUPPLIES AND
ESTABLISHING WATER RATES DURING THE EMERGENCY
WHEREAS, unprecedented weather conditions have resul ted in
four consecutive years (1987, 1988, 1989, and 1990) of below normal
precipitation and runoff resulting in a severe drought; and
WHEREAS, it appears likely that the current year will, without
abnormal wet conditions during the remainder of the year, result in
the driest year on record; and
WHEREAS, the city is completely dependent upon deliveries of
imported water from the San Diego county Water Authority
(AUTHORITY) and Metropolitan Water District (MWD) for water to be
delivered to its water customers; and
WHEREAS, MWD and AUTHORITY is dependent on water deliveries
imported from the State Water Project, operated by the Department
of Water Resources, and the Colorado River, controlled by the
Bureau of Reclamation, for the water supplies which AUTHORITY
delivers to the City and 22 other member agencies; and
WHEREAS, AUTHORITY and MWD has been notified by the Department
of Water Resources that state Water Project deliveries to it will _
be reduced 90 percent, and by the Bureau of Reclamation that -
deliveries will approximate one-million acre feet; and
WHEREAS, local water supplies available to other AUTHORITY
agencies have been reduced by the drought; and
WHEREAS, ordinary demands upon AUTHORITY are expected to
exceed available supplies in such amounts as to require reductions
in use of approximately 50%; and
WHEREAS, by Resolution 90-59 the AUTHORITY authorized and
directed the General Manager to implement, according to the
guidelines set forth in his letter dated November 29, 1990, the
Incremental Interruption and Conservation PIan (IICP) of ~vD which
was adopted on December 11, 1990; and
WHEREAS, MWD has, in view of the severity of the drought,
determined as of March 4, 1991, that stage VI of its Incremental
Interruption and Conservation PIan shall become effective on April
1, 1991, which targets a reduction in deliveries to member agencies
"EXHIBIT A"
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of approximately 50% of 1989-90 deliveries subject to minor
adjustments for loss of local supplies, prior conservation efforts,
and growth; and
WHEREAS, by motion at its regular meeting on February 7, 1991,
the AUTHORITY discussed a "Drought Response Plan" to reconcile and
coordinate drought management programs and implementation of the
IICP; and
WHEREAS, it has been determined critical for the well being of
the citizens within the Authority that all existing water supplies
be husbanded and future available imported supplies be fairly and
uniformly allocated among the AUTHORITY'S member agencies so that
water, essential for domestic use, sanitation and fire protection,
will remain available throughout the duration of the drought; and
WHEREAS, mandatory restrictions on the use and delivery of
water by the AUTHORITY have never previously been adopted, but
experience by other public agencies within the state facing severe
limitations (i.e. reductions over 30%) on available water supplies
has demonstrated that prohibitions on certain uses, adjustments to
pricing structures, and limitations on deliveries of water have
been found necessary to preserve water supplies for essential
services and allocate remaining supplies in a fair and uniform
manner; and
WHEREAS, in order to accomplish this goal and also apply
uniform rules throughout the City and, as much as possible, :
throughout the AUTHORITY'S service area for other beneficial uses
of water, it is deemed necessary to establish rules and regulations
which contain restrictions and priorities in the use of water, and
adjustments to the pricing structure to encourage use in accordance
with such restrictions; and
WHEREAS, this action is the result of the unexpected
occurrences, above described, which involve clear and imminent
danger demanding immediate action to mitigate damage to life,
health and property from the loss of an essential public service _
the delivery of pUblic water supplies, and, therefore, it is exempt
from the provisions of the California Environmental Quality Act
(Public Resources Code Sections 21080 (b) (4), 21060.3; Title 14,
California Code of Regulations, Section 15269(c); and
WHEREAS, on March 14, 1991 the AUTHORITY unanimously adopted
its Ordinance No. 91-1 declaring an emergency shortage condition
throughout its jurisdiction and requiring the city to adopt certain
restrictions on the use of water; and
9 0 f 43 Ml-lt{ 1 ~l 1931 n t:.1Yl 7
Ordinance No.
Page 3
WHEREAS, Water Codes sections 350 through 377 authorize the
city council to declare such emergency and to adopt such use
restrictions and rate adjustments as parts of a water conservation
program to be enacted after public hearing by resolution or
ordinance effective upon adoption.
NOW, THEREFORE, the city council of the city of Poway does
ordain as follows:
SECTION 1. DECLARATION OF WATER SHORTAGE EMERGENCY CONDITION.
It is hereby determined and declared that, based upon the
foregoing recitals, the City is unable to provide sufficient water
supplies to meet the ordinary demands and requirements of its
customers without depleting available water supplies to the extent
that insufficient water would be available for human consumption,
sanitation, and fire protection.
Consequently, a water shortage emergency condition prevails
within the service area and boundaries of the City which requires
adoption of rules, regulations, and restrictions on the delivery
and consumption of water within the City.
SECTION 2. RESTRICTIONS ON CONSUMPTION OF WATER.
The following restrictions on the use of water shall become
immediately effective upon adoption hereafter on Tuesday, March 26,
1991.
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A. Definitions
l. "Potable Water" means water delivered by the City
which meets drinking water standards or raw water
delivered by the AUTHORITY.
2. "Reclaimed Water" means water which, as a result of
treatment of wastewater, is suitable for a direct
beneficial use or controlled use that would not
otherwise occur.
3 . "Greywater" means household wastewater other than
toilet water, i.e. I water from the laundry, shower,
tub, bathroom, and kitchen sinks. Its use is
presently prohibited by the San Diego County
Department of Health Services. The exception
mentioned for greywater depends solely upon
approval of such use by the San Diego County
Department of Health services according to issued
rules and regulations.
10 of 43 t;1i-\~\ J ;! 19~1 \1t.lV! 7
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Ordinance No.
Page 4
4. "Active park and school ground areas" means those areas
designated for specific sporting and recreational
activities and those areas traditionally used for
active play or recreation where turf is an integral
part of the activity.
5. "Micro irrigation systems/equipment" means low
pressure, low volume methods of water application.
These devices include drip emitters, T-tape,
microsprayers, O-jets, mini-sprinklers, twirlers, and
spaghetti tubing. Pop-up sprinklers are not considered
low-volume, low pressure irrigation systems/equipment.
6, "Conservation offset" means the implementation of
proven conservation techniques which, when installed,
will result in a reduction equal to demand of the
proposed use. Calculation of demand and saving shall
be performed or verified by the City Manager, based
upon nondrought conditions.
7. "Recreational and Ornamental Lakes and Ponds" means
bodies of water which are not swimming pools or water
storage reservoirs for potable water or irrigation
purposes.
B. General Reauirements.
All water users shall minimize potable water use for the
duration of the drought emergency. Uses which are not prohibited ~
are expected, as near as may be, to be reduced fifty percent.
AgriCUltural use shall, in general, be reduced fifty percent.
Water use shall in general, be reduced by such practices as fewer
and shorter showers and baths, no running water while brushing
teeth and shaving, full loads in dish and clothes washers,
avoidance of unnecessary toilet flushing, frequent checking and
repair of leaks, retrofitting to irrigation systems to micro-
irrigation equipment, installing ultra-low flow toilets and low
flow shower heads, and other conservation practices.
C. Potable Water Use Prohibitions.
1- IRRIGATION OF TURF
Irrigation of turf and ground cover is prohibited except under
the following circumstances:
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a. for active public parks and school ground
areas no more than twice weekly;
b. where trees and shrubs are interspersed in
nonactive public turf areas supported by the same
irrigation system, the areas under the tree drip
lines may be watered no more than once every 14
days;
c. at day care centers where required by license no more
than twice weekly;
d. for purposes of maintaining public safety (such as
fire protection) ; and
e. when using reclaimed water, greywater, or private
well water.
2. IRRIGATION OF GROUND COVER
Irrigation of ground cover is prohibited except under the following
circumstances:
a. for fire protection;
b. where trees and shrubs are interspersed amidst ground
cover supported by the same irrigation system; and
c. for preservation of existing ground cover which is
designed to stabilize slopes. -;
Irrigation of ground cover, as allowed per the special
circumstances outlined above, is restricted to once every 14 days.
3 . IRRIGATION OF TREES. SHRUBS INCLUDING AGRICULTURAL
PRODUCTION
Outside irrigation of trees, shrubs, and other plants which are not
turf or ground cover, is allowed only by hand-held hose with
positive shutoff nozzle, bucket, or micro irrigation
systems/equipment. Sprinkler systems may only be used for
agricultural production, watering active pUblic park and school
ground areas, maintenance or ground cover in accordance with
Section II, and for purposes of maintaining public safety (such as
fire protection).
q ~n ,
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Ordinance No.
Page 6 I
4. IRRIGATION WATERING HOURS
No outdoor irrigation shall occur between 9:00 a. m. and
4:00 p. m. except when using a micro irrigation system/equipment,
or for agricultural production, or when using reclaimed water,
greywater or private well water. Anyone using such alternative
water sources shall post signs along public rights-Of-way noticing
the type of usage.
5. HOSING OR SPRAYING OF PAVED OR HARD SURFACES
Hosing paved or hard surfaces, including but not limited to
sidewalks, driveways, patios, streets and parking areas, is
prohibited except for compelling public health and safety reasons.
Allowed hosing activities shall be done only with a hose equipped
with a positive shut-off nozzle.
spraying hard surfaces during irrigation activities is prohibited.
6. RUNOFF AND REPAIRING OF LEAKS
All runoff, except natural runoff from property, is prohibited.
Leaks to irrigation and plumbing systems shall be immediately
repaired.
7. FILLING OF POOLS AND SPAS '
Filling of new residential pools and spas or draining and refilling
existing swimming pools or spas is prohibited except under the _
following circumstances: -
a. where the owner can produce and demonstrate a conservation
offset; or
b. where the owner can produce evidence that private well
water will be utilized.
c. where the draining of an existing pool or spa is under
orders of the appropriate local health or building
official.
8. RECREATIONAL AND ORNAMENTAL LAKES AND PONDS
Recreational and ornamental lakes and ponds may not be filled or
refilled except with reclaimed water or other nonpotable water.
Lakes and ponds utilizing reclaimed water or other nonpotable
water, must post signs noticing such usage.
13 of 43 1M\t<1~l1931 ntlVI 7
Ordinance No.
Page 7
9. GOLF COURSE IRRIGATION
Golf courses may use potable water supplied by a member agency only
to irrigate tees and greens. Irrigation of fairways and roughs
with potable water or any blend thereof, is prohibited. Golf
courses irrigating with reclaimed water or other nonpotable water
shall post signs noticing such usage.
10. RESTAURANTS
Restaurants shall serve water only upon request.
11- ORNAMENTAL FOUNTAINS
Operation of ornamental fountains is prohibited except when
nonpotable or reclaimed water is used and where signs are posted
notifying such use.
12. WASHING OF VEHICLES
Washing of vehicles is prohibited except:
a. in commercial carwashes;
b. commercial vehicles for reasons of public health and
safety;
c. where water has been salvaged from indoor use, e. g.
warm-up water from showers, sinks, and/or lavatories; or
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d. by a mobile high-pressure/low volume service.
13 . NEW SERVICES
Except as to property for which a building permit has been
heretofore issued, no new potable water service shall be provided,
no new temporary meters or permanent meters shall be provided, and
no commitments (such as, will serve letters, certificates, or
letters of availability) to provide potable water service, shall be
issued, except for the following circumstances:
a. the commitment includes a notice that a water shortage
emergency condition prevails, resulting in a water
moratorium, and no water service is currently available;
b. for projects necessary to protect the public's health,
safety, and welfare;
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c. when it can be demonstrated that no net increase in water
use will occur; or
d. when a conservation offset is provided.
SECTION 3. AMENDMENT OF WATER RATES DURING EMERGENCY
The water rate schedule is hereby amended and established as
set forth in Resolution No. attached to this ordinance as
Exhibit 1 for all water purchased from the City after April 1, 1991
until the emergency declared by the Authority and by the City is
rescinded by ordinance. To the extent permitted by law, the water
rate schedule established by Exhibit 1 may be amended by City
Council resolution.
SECTION 4. POSTPONEMENT OF REOUIRED LANDSCAPING
The City Manager or his designee is authorized to direct
developers of approved projects to postpone installation of
required landscaping plant materials upon written agreement to
install said improvements within six months of the rescission of
the water emergency. The developer's condition of approval to
install landscaping shall be deemed satisfied by the execution of
such agreement guaranteed by cash deposit, surety bond, letter of
credit, or other security in a form acceptable to the City Attorney
and in an amount equal to 150% of the installation cost as
estimated by the City Manager or his designee.
SECTION 5. EXEMPTION AND ADJUSTMENTS OF REGULATIONS AS APPLIED s
A. Exemptions
The City Manager or his designee may grant partial or
complete exemptions from the water use restrictions and
prohibitions set forth in SECTION 2 hereof upon a determination
that the requested exemption is necessary to protect the public
health, safety, or welfare.
B. Adiustments
The City Manager or his designee may grant modification or
adjustment of any provision of this ordinance and its attachments
upon a determination that due to special circumstances the
application of the unmodified regulation constitutes a threat to
health, safety or welfare, or will result in an undue or
unreasonable hardship on any person; provided, however, that such
modification or adjustment shall not cause water to be wasted or
used in an unreasonable manner and shall not be contrary to the
- purpose of this ordinance.
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Ordinance No.
Page 9
C. Procedure
Prior to the filing of any appeal pursuant to SECTION 6
hereof, any customer or other person affected by this ordinance
shall file a written application with the City Manager or his
designee, for an exemption, modification, or adjustment of this
ordinance as applied to such customer or person, setting forth the
special circumstances or hardship suffered by the applicant. The
City Manager or his designee shall review the application and
render a written decision within ten (10) days of the receipt of
the application. The application shall be granted in whole or in
part, or denied based upon the standards set forth hereinabove.
SECTION 6. APPEALS
A. Appeals Board.
There is hereby created an Appeals Board consisting of a
panel of five members, one nominated by each Councilmember and
appointed by the Mayor. There is delegated to the Appeals Board
the full authority of the City Council to consider and resolve all
appeals lodged by customers with the City Manager.
B. Appeals Process
An appeal shall be filed in writing with the City Manager ,
to review any action taken by the City Manager or his designee
hereunder within 10 days of the date of service or mailing of the
written decision made pursuant to SECTION 5 hereof. Appeals filed
late shall be denied. Appellant may appear before the Appeals ~
Board and present such testimony and documentation considered
appropriate for a proper understanding and evaluation of the claims
and basis for the appeal. Such hearing shall be scheduled within
20 days of receipt of the appeal.
The City Manager shall present such information considered
appropriate for the Appeals Board to fully comprehend all aspects
relative to the decision which is the subject of the appeal.
C. Appeals Board Decision
The Appeals Board shall consist of any three members of
the panel. The Appeals Board shall conduct the hearing according
to established fair and reasonable procedures. Basic due process
shall be provided. The strict rules of evidence shall not apply.
The decision of the Appeals Board shall be made by a
majority of the three panel members hearing the appeal. The appeal
shall be granted in whole or in part, or denied, in accordance with
the following standards:
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1- protection of the public health, safety, and welfare.
2. The existence of special circumstances creating an --c.-
undue or unreasonable hardship on appellant; provided
that granting of the appeal, in whole or in part,
shall not constitute a privilege to the appellant not ~
enjoyed by others in the same circumstances, shall not -.-'
cause water to be wasted or used in an unreasonable ,..........
manner, and shall not be contrary to the purpose of ,.:~..
this ordinance. -::.;..::.
section 7. ~
SUPERSEDURE. .
=.~
provisions this ordinance inconsistent with ~"'"
If any of are
previous actions of the city council pertaining to plans to respond -
~
to drought conditions, the provisions hereof shall supersede such ~
inconsistent provisions. ~-
:1'.
section 8. SUNSET PROVISION. -
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This ordinance, unless sooner rescinded or amended by the city
council, shall be and remain in full force and effect during the
period of the emergency and until the supply of water available for
... distribution within the city has been replenished or augmented.
Section 9. PENALTIES.
,
In addition to any other penalty provided by law for the violation
of a city ordinance, the following penalties shall apply to any
person, corporation, or association violating any provision of
SECTOPM 2 of this ordinance:
a. A first or second violation shall result in a letter of
warning accompanied by a copy of this ordinance.
b. A third violation within a "12-month period" shall result
in a $50 surcharge which will be added,to the water bill.
c. A fourth violation within a "12-month period" shall result
in a citation with a $100 fine.
d. Any subsequent violation occurring within one year of any
fourth violation shall result in a $200 surcharge and the
installation of a flow restrictor.
e. Any further violation shall result in the water service
being turned off.
17 of 43 IMK 1.:11991 n t.NI 7
,
u.,vRK'/N& bRAFT . O/IJ,v(;E:S ))0 reD 3/1'81c1
.
FJNPrL ADOPTEiD UeRslol\l 'TO Be A-\l A-1L..4BL.e
"
ORDINANCE NO. 91-1
(' ORDINANCE OF THE SAN DIEGO COUNTY
WATER AUTHORITY ("[;DCWA" "AUTHORITY") DECLARING THE
EXISTENCE OF A WATER SHORTAGE EMERGENCY
CONDITION AND ESTABLISHING PROCEDURES TO
PRESERVE AND ALLOCATE AVAILABLE
WATER SUPPLIES
WHEREAS, unprecedented weather conditions have resulted in
four consecutive years (1987, 1988, 1989, 1990) of below normal
precipitation and run-off resulting in a severe drought; and
WHEREAS, it appears likely that the current year will, without
abnormal wet conditions during the remainder of the year, result
in the driest year on record; and
WHEREAS, the service area of the Authority includes 98% of the
population and assessed valuation of San Diego County, which is
dependent upon the Authority for more than 90% of all water used
for beneficial purposes; and
WHEREAS, the Authority is completely dependent upon deliveries
of imported water from the Metropolitan Water District of
Southern California (MWD) for water to be delivered by it to its
( member agencies; and
WHEREAS, MWD is dependent on water deliveries imported from
the State Water Project, operated by the Department of Water
Resources, and the Colorado River, controlled by the Bureau of
Reclamation, for the water supplies which it delivers to the ,
Authority and its 26 other member agencies in Ventura, Los
Angeles, San Bernardino, Riverside and Orange Counties; and
WHEREAS, MWD has been notified by the Department of Water
Resources that State Water Project deliveries to it will be
reduced 90 percent, and by the Bureau of Reclamation that
deliveries will approximate one-million acre feet; and
WHEREAS, local water supplies available to other MWD member
agencies have been reduced by the drought; and
WHEREAS, ordinary demands upon MWD are expected to exceed
available supplies in such amounts as to require reductions in
use of approximately 50%; and
WHEREAS, by Resolution 90-59 the Authority authorized and
directed the General Manager to implement, according to the
guidelines set forth in his letter dated November 29, 1990, the
Incremental Interruption and Conservation Plan (rrcP) of HWD
( which was adopted on December 11, 1990; and
1
18 of 43 M~K 1 ~ 1991 ITEM 7
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WHEREAS, by motion at its regular meeting on February 14,
1991, the Authority adopted a "Drought Response Plan" to
reconcile and coordinate drought management programs and
implementation of the IICP; and
WHEREAS, MWD has, in view of the severity of the drought,
determined as of March 4, 1991, that Stage VI of its Incremental
Interruption and Conservation Plan shall become effective on
April 1, 1991, which targets a reduction in deliveries to member
agencies of approximately 50% of 1989-90 deliveries subject to
minor adjustments for loss of local supplies, prior conservation
efforts, and growth; and
WHEREAS, local supplies are gravely insufficient to augment
the expected shortfall from MWD in imported water deliveries; and
WHEREAS, Governor Wilson on February 1, 1991, issued an
executive order creating an Emergency Drought Action Team, with
the Director of Department of Resources as its Chairman, to
develop plans and procedures to minimize and deal with the
drought conditions; and
WHEREAS, it is considered critical for the well being of the
citizens within the Authority that all existing water supplies be
husbanded and future available imported supplies be fairly and
uniformly allocated among the Authority's member agencies so that
water, essential for domestic use, sanitation and fire (
protection, will remain available throughout the duration of the
drought; and
WHEREAS, mandatory restrictions on the use and delivery of
water by the Authority have never previously been adopted, but
experience by other public agencies within the state facing ..
severe limitations (i.e. reductions over 30%) on available water
supplies has demonstrated that prohibitions on certain uses,
adjustments to pricing structures, and limitations on deliveries
of water have been found necessary to preserve water supplies for
essential services and allocate remaining supplies in a fair and
uniform manner; and
WHEREAS, in order to accomplish this goal and also apply
uniform rules throughout the Authority's service area for other
beneficial uses of water, it is deemed necessary to establish
rules and regulations which contain restrictions and priorities
in the use of water, and
WHEREAS~ the Authority is the only regional public agency with
available imported water supplies which are so critically
necessary and which must be allocated to all citizens according
to rules and restrictions, as fair and as equitable as can be,
with particular regard for domestic, sanitation and tire
protection; and
\....
2
M"t{ j :1 1991 \l~ 7
19 of 43
._-~ --- - ---- --
- --
f
I.
WHEREAS, the Authority has solicited and received advice from
C its member agencies, community, business, and professional
organizations, and received comments from such entities and
members of the public at a special meeting held on March 7, 1991,
at 2:00 p.m., and at a pUblic hearing held on March 14, 1991, at
1:00 p.m.; and
WHEREAS, this action is the result of the unexpected
occurrences, above described, which involve clear and imminent
danger demanding immediate action to mitigate damage to life,
health and property from the loss of an essential public
service - the delivery of pUblic water supplies, and, therefore,
it is exempt from the provisions of the California Environmental
Quality Act (Public Resources Code Sections 21080 (b) (4) ,
21060.3; Title 14, California Code of Regulations, Section
15269 (c) ) ;
NOW, THEREFORE, the Board of Directors of the San Diego County
Water Authority (" 8DCI'/l\Authori ty") hereby Determines, Declares,
Ordains, and Orders, as follows:
SECTION I. DECLARATION OF WATER SHORTAGE EMERGENCY CONDITION.
It is hereby determined and declared that, based upon the
( foregoing recitals, the 8DCI'IA Authority is unable to provide
sufficient water supplies to meet the ordinary demands and
requirements of its member agencies without depleting
available water supplies to the extent that insufficient water
would be available for human consumption, sanitation, and fire
protection.
'"
Consequently, a water shortage emergency condition prevails
within the service area and boundaries of the CDClIA Authority
which requires adoption of rules, regulations, and
restrictions on the delivery and consumption of water within
the Authority.
SECTION II. RESTRICTIONS UPON DELIVERY AND CONSUMPTION OF WATER.
The following restrictions on the u~e of Hater shall apply
to all users of water within the Authority and shall become
effective at 8:00 a.m. on Monday,. '/"'~' . i 1991, and each
member agency shall adopt said restt~c~tunS to become
effective at said time within their respective service areas.
A. Definitions
4l. "Active park and schoolground areas" means ~ areas
( designated by public agencies and privat~ ~ChOo1s for
specific sporting and recreational acttvtttes and ~ftese
3
20 of 43 IMH\ 1 D 1991 \01 toM 7
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areas traditionally used for active play or recreation (
where turf is an integral part of the activity.
~2. "Conservation offset" means the implementation of
proven conservation techniques which, when installed,
will result in a reduction equal to demand of the
proposed use. Calculation of demand and saving shall
be'performed or verified by the member agency or the
General Manager based upon non-drought conditions.
3. "Fire Protection" means actions for prevention or
suppression of fires as directed by the Pire Marshal or
Pire Prevention officer with jurisdiction over the
local area involved.
~4. "Greywater" means household wastewater other than
toilet water, i.e. , water from the laundry, shower,
tub, bathroom and kitchen sinks. Its use is presently
prohibited by the San Diego County Department of Health
Services. The exception mentioned for greywater in
Section II, (e) (2) (e)c (1, d) and (4) depends solely
upon approval of such use by the San Diego County
Department of Health Services according to issued rules
and regulations.
55. "Micro irrigation systems/equipment" means low
pressure, low volume methods of water application. (
These devices include drip emitters, T-tape,
microsprayers, 0 jets, mini-sprinklers, twirlers, and
spaghetti tubing. Pop-up sprinklers are not considered
low-volume, low pressure irrigation systems/equipment.
.,,6. "Potable Water" means water delivered by a member -
agency which meets drinking water standards or water
delivered by the Authority.
'2-7. "Reclaimed water" means water which, as a result of
treatment of wastewater, is suitable for a direct
beneficial use or controlled use that would not
otherwise occur. See, Water Code, Section 13050(n).
'18. "Recreational and Ornamental Lakes and Ponds" means
bodies of water which are not swimming pools, &P water
storage reservoirs for potable water or irrigation
purposes, or pools which maintain rare plant or animal
species.
B. General Requirements.
All water users are expected to minimize potable water
use for the duration of the drought emergency. ttses
\:hioR arc not prohibi tad arc C){!3ooted, ::10 nC::Ir ::13 ID::I)' b~
to ec rcduocd fifty pcrocnt. ~~rioultural U3cro ~~ll, ~n
~+-
21 of 43 MHf< J :J 1991 Ilt.M "7
,
----- ..
,
'3oRoral, BO reaucea fifty ~eroeRt Because of restrictions
(' iR deliveries to memBer a~cRoico uRdcr Ccotion IV.
Monthly allocations to member agencies pursuant to
section IV, infra, will require substantia 1 reductions in
use which, on average, are expected to reach fifty
percent.
Indoor uses will, in general, be reduced by such
practices as fewer and shorter showers and baths, no
running water while brushing teeth and shaving, full
loads in dish and clothes washers, avoidance of
unnecessary toilet flushing, frequent checking and repair
of leaks, and other conservation practices.
C. Potable Water Use Prohibitions.
1. Irriqation oi: Turt. aRa Ground Cover
f Irrigation oL:turfaRa '3reuna coyer is prohibited
except under the following circumstances:
a. for active public park and school ground ~ areas
no more than twice weekly;
"- .,
b. at day care centers where required by license no
( more than twice weekly; aflEi
c. for purposes of maintaining public saf~ty (such as
fire sup~ression protection); and
d. when using reclaimed water, greywater, or private
well water. , . jy; , "'~:"~Ccl .-
e loY""€- OulollG -hu4= cc\,e.l1.S cui \ <::6 cYS,1Hw" c.lA..~ Ii" , ~'~ r< 'e '
", .. C"hCL ~~"""-2 /4 dc.<Js _~Vl__ (__-<r"
2. IrriEl'ation of Ground Cover. ~ sh/,^-b v "l (IS
Irrigation of ground cover is prohibited except
under the following circumstances:
a. for fire protection;
b. where trees an. shr~s are inters~erse. amidst
ground cover supported by the same irrigation
system; and
c. for preservation of existing ground cover which is
designed to stabilize slopes.
Irrigation of ground cover as allowed under
Section II (C) (2 ) (b) and (c) is restricted to once
, ( every 14 days.
"IV "
I (', 'I (,n~r~.'}~',:"" \' ( ~,"-"....'''l _',,'...
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(V) .. IVy\' ~U""1_Ul_~ ~'..J ,_,,-',I'v;:~ J ';l-t....-J.... c,caA:; ~ )~ .:;.~[,':',j ~. .', (:lu.. o:.C
<j- et.... :.:.;'-C:~\ ,~<.,!UC;"_{r~l..j I ),~ ..L--l ~ -u-u-h }~'-,- _ f f "f .~, / .. ( '{' { . , .
(.~ _ -c....... "--C<.--,---: ' I ,j- ,II... .~ /X..,\ "-
4- \" f~-^- /1. C"/'.I ~_;( '. ' ,I, /' ~C ( -}! Q J (~' t '.r'I,' , . , ..
0 ' n . )
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,0.3. Irrioation of Trees. Shrubs Inc1udino Cemmcroial
Aoricultural Production ,...--
Outside irrigation of trees, shrubs, and other
plants which are not turf or ground cover, is allowed
only by hand-held hose with positive shutoff nozzle,
. bucket, or micro irrigation systems/equipment.
Sprinkler systems may only be used for agricultural
production, watering active pUblic park and school
ground ~ areas, maintenance of ground cover in
accordance with section II(C) (2) and for purposes of
maintaining public safety (fire sa~pressieR such as,
fire protection).
-3-4. Irriqation Waterino Hours
No outdoor irrigation ~ateriR~ shall occur between 9
a.m. and 4 p.m., except when using a micro irrigation
system/equipment, or for agricultural production, or
afl4 when using reclaimed water, greywater or private
well water. Anyone using such alternative water
sources shall post signs along public rights of way
noticing the type of usage.
4-5. Hosino or Spravino of Paved or Hard Surfaces
Hosing paved or hard surfaces including but not
limited to sidewalks, driveways, patios, streets and
parking areas is prohibited except for compelling
public health and safety reasons. Allowed hosing
activities shall be done only with a hose equipped with
a positive shutoff nozzle.
~
Spraying hard surfaces during irrigation activities
is prohibited.
-56. Runoff and Reoairinq of Leaks.
All Rrunoff except natural runoff from property is
prohibited. Leaks to irrigation and plumbing systems
shall be immediately repaired.
67. Fillino of Pools and Spas.
Filling of new residential pools and spas is
prohibited except under the fOllowing circumstances:
a. where the owner can produce and demonstrate a
conservation offset; or,
b. where the owner can produce evidence that private
well water will be utilized.
<' i (~(; U ~::"~( S
. , J..\:>~~; t
'v'
I
6
23 of 43 M.4K 1 U 1991 nt.M 7
-- ---~-- -- . ..
----
~
(. Draining of existing pools is prohibited except )
( under orders of the appropriate local health or
building official.
'7-8. Recreational and Ornamental Lakes and Ponds.
Recreational and ornamental lakes and. ponds may not
be filled or refilled except with reclaimed water or
other non-potable water. Lakes and ponds utilizing
reclaimed water or other non-potable water must post
signs noticing such usage.
~9. Golf Course Irriqation.
Golf courses may use uoiH~ potable water supplied by
a member agency ohall ~ater only to irrigate tees and
greens. WateriH~ Irrigation of fairways and roughs
with potable water or any b1end thereof is prohibited.
Golf courses irrigating with reclaimed water or other
non-potable water shall post signs noticing such usage.
~ 9-10. Restaurants
( Restaurants shall serve water only upon request. )
( -l-S11. Ornamental Fountains
Operation of ornamental fountains is prohibited
except when non-potable or reclaimed water is used and
where signs are posted notifying such use.
~
-H,12. Washinq of Vehicles
Washing of vehicles is prohibited except:
a. in commercial carwashes; 6f
b. commercial vehicles for reasons of pUblic health
and safety; eF-;-
c. where water has been salvaged from indoor use,
e.g. warmup water from showers, sinks, and/or
lavatories; or
d. by a mobile high-pressure/1ow volume service.
H13. New Services
I
Ho ne..', unconditionul oomrnitment8to provide. P<H:-abl-..
'1atcr 8ervioe. shall' be provided )'~' i8auanoc' of' /
l lettcrs of ~utcraYailability"ncv temporary meter8,
permanent metera, or authorieatiGfl-fDr ~ecordation
/ -' // /- ./ -.~'
/" -' ...r/ '_ . .~/
'-"
7
24 of 43 Mi1H 1 ~ 1991 IltJYI 7
.
] - -
\
\
\ \
13. New Services
( Except as to property for which a building permit has
'N
been heretofore issued, no new potable water service
shall be provided, no new temporary meters or permanent
meters shall be provided, and no commitments (such as,
will serve letters, certificates or letters of
availability) to provide potable water service shall be
issued, except for the following circumstances:
a. the commitment includes a notice that a water
shortage emergency condition prevails resulting
in a water moratorium and no water service is
currently available;
b. for projects necessary to protect the public's
health, safety, and welfare;
c. when it can be demonstrated that no net increase
in water use will occur; or
d. when a conservation offset is provided.
\ - \
, ,
SECTIONJ III. SUBSTANTIAL COMPLIANCE. SURCHARGE FOR FAILURE TO
COMPLY. COMPLIANCE MEASURES. -
A. Substantial Compliance.
A member agency may submit to the General Manager
requests to make minor modifications to the water
restrictions provided for in Section II. The General
Manager shall promptly notify the member agency whether such
modifications are deemed substantially equivalent or more
severe in water use impacts. If so, such modifications
shall be approved; otherwise, in the General Manager's sole
discretion the request shall be denied.
B. Surcharqe for Failure to Adopt.
Failure by a member agency to adopt the restrictions set
forth in Section II, or restrictions which have been
approved by the General Manager will result in a surcharge
on such member agency's water deliveries commencing April
15, 1991. The surcharge shall be $200 for each acre foot of
water delivered by CDCHA Authority to the member agency C
until such water use restrictions are adopted.
8
25 of 43 1l1f\K 1 :J 1991 nt.M 7
.
C. Member Compliance Measures.
{' Each member agency shall take such actions and adopt such
measures as it considers appropriate to secure compliance by
its retail consumers of the water use restrictions
applicable within its service area. SDCHA The Authority
will aaaiat participate, as requested, to the extent it can
in furnishing infaFmatian ana assistance and coordinating
guidelines for use by member agencies.
SECTION IV. MONTHLY ALLOCATIONS TO MEMBER AGENCIES.
A. Amounts.
MWD's Incremental Interruption and Conservation Program
(IICP) was adopted as the means of allocating water to its
member agencies during drought conditions. The IICP
establishes monthly targets for each of MWD's member
agencies based on water taken from MWD in the same month of
the 1989-90 base year. Adjustments are to be made to
reflect growth, changes in local supplies, and significant
conservation programs.
The Authority, by Resolution 90-59, adopted a procedure
( and method by which MWD's IICP target to the Authority is
established as monthly allocations for each of the
Authority's member agencies. All provisions for adjustment
which apply to the Authority shall apply to Member Agency
allocations as provided by Resolution 90-59. The General
Manager shall notify each member agency of its monthly
allocation, the basis for its calculation, and when changes ~
.
in MWD's IICP conservation level are proposed and acted
upon.
Each member agency shall implement programs necessary to
reduce delivery requests of the Authority to comply with its
monthly allocation. The General Manager will provide status
reports during the month and a formal accounting to each
member agency as part of the regular billing process.
B. Adiustments and Modifications to Monthly Allocations.
The General Manager shall make such adjustments and
modifications in the monthly allocations (on a daily, weekly
.or other basis if appropriate) as may be necessary and
appropriate to pass through to member agencies any increases
or decreases in deliveries received by the Authority from
MWD.
9
26 of 43 M>1K 1 :J 1991 ntM 7
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SECTION V. SURCHARGES AND INCENTIVES FOR MONTHLY WATER
ALLOCATIONS. r
A. Amounts.
Commencing February 1, 1991, each member agency delivered
less water than its monthly allocation shall receive an
incentive credit of one-half MWD's untreated, non-
interruptible rate rounded to the nearest dollar (currently
$99) for each acre foot under its allocation. Each member
agency delivered more water than its monthly allocation
shall be surcharged twice the MWD untreated, non-
interruptible rate (currently $394) for each acre foot over
its allocation.
B. Cumulation - Reconciliation.
Surcharges and credit incentives shall be calculated
monthly and debited or credited to the member agency's
regular monthly statement. As of September 30, 1991, each
member agency's account for surcharges and credit incentives
as provided in this section shall be cumulated on a per acre
foot basis. The net financial impact shall be adjusted
accordingly. That is, if a member agency is delivered 1,000
acre feet in excess for one month and reduces deliveries for
another month 1,000 acre feet below the monthly allocation
as may have been adjusted, then the financial impact on such (
member agency will be zero.
C. MOdification of Surcharqes and Incentives.
If MWD modifies the amount or condition of the surcharge --
and incentive payments in its IICP, the General Manager
shall notify the member agencies and pass through all
changes. The General Manager shall implement such modified
chaF~ca changes immediately upon their imposition upon the
Authority, and no further action of the Board of Directors
shall be required.
SECTION VI. DELIVERY RESTRICTIONS.
A. Notices.
The General Manager shall, in a timely and appropriate
manner, notify each member agency about the differences
between monthly allocations and actual deliveries. If the
differences indicate that a member agency is unlikely to be
able to meet its monthly allocations, a warning notice shall
be given.
B. Reductions.
10
Mi-\K 1 :J 1991 lltM 7
27 of 43
Any member agency which is more than 5% over its monthly
(' allotment on April 30, 1991, shall be given notice by the
General Manager. The notice shall specify the amount of the
overage, offer specific assistance in developing an action
plan, and advise of the specific consequences of a failure
to reduce demands. Deliveries will be monitored on a daily
basis.
rlt:U-j I
Beginning .:;r"ta~' 1, 1991, member agencies which have not
reduced deliveries to within 5% of monthly allocations shall
have their daily deliveries reduced by the General Manager
in a manner estimated to result in attainment of monthly
allocations.
C. Adiustments.
The General Manager may make adjustments in deliveries to
a member agency because of special circumstances or to
protect the ability of the member agency to meet its needs
for domestic use, sanitation, and fire protection. [;pecial
cirCuMot3RcCS may iR~luao unfarCOCCR eut~~co, accidentG,
lODlJCO, er lec~l C0Rditieno.
Particular regard will be given to domestic use,
sanitation and ~ire protection. Also, consideration will be
given to pertinent matters designed to avoid discrimination
( between consumers using water ~or the same purpose and to
promote uni~ormity in the beneficial uses made o~ water
within the boundaries o~ the San Diego County Water
Authority.
SECTION VII. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAl.
~
The General Manager shall cause to be filed a notice of
exemption from CEQA for the actions taken by this Ordinance in
accord with section 21152(b) of the Public Resources Code,
Sec. Title 14, California Code of Regulations 15062.
SECTION VIII. APPEALS.
A. Appeals Board.
There is hereby created an Appeals Board consisting of
five members, to wit: Directors ,
, , , and
. The following five directors shall serve
as alternate members, to wit: Directors ,
, , , and
. There is delegated to the Appeals Board
the full authority of the Board of Directors to consider and
resolve all appeals lodged by member agencies with the
Executive Secretary.
11
28 of 43 Mf1K 1 :1 1991 n tl'll 7
_. -
B. Appeals bv Member Aqencies.
--,. ("
Each member agency may file with the Executive Secretary
a request to have the Appeals Board review any action taken
by the General Manager hereunder. Representatives of the
member agency may appear before the Appeals Board and
present such testimony and documentation considered
appropriate for a proper understanding and evaluation of the
claims and basis for the appeal.
The General Manager shall arrange for such counter
presentation considered appropriate for the Appeals Board to
fully comprehend all aspects relative to the decision which
is the subject of the appeal.
C. Procedure - Decisions.
The Appeals Board shall meet as soon as practical but no
later than 5 business days after a request is made by a
member agency, if desired by the member agency. The
Chairman of the Board shall designate a person to be the
presiding member of the Appeals Board. No member of the
Appeals Board shall participate in or act upon any appeal by
the member agency he or she represents. The Appeals Board,
with the advice of General Counsel, shall establish fair and
reasonable procedures for hearing the appeal and reviewing
determinations by the General Manager. (
The Chairman shall appoint alternates to serve in the
case of any appeal which a member is disqualified or unable
to attend. Consistent with circumstances relative to the
nature of the appeal, the Appeals Board shall conduct the
appeal and render its decision as expeditiously as --
practical. The decision shall be in writing briefly
describing the pertinent circumstances for the appeal, and
the basis for the decision. General Counsel may prepare a
draft, pursuant to oral instructions from the Appeals Board,
but each member of the Appeals Board must either approve or
dissent in writing. The decision of a majority of the
Appeals Board shall be the final decision on the subject of
the appeal.
SECTION IX. RESERVED DISCRETION.
The Board of Directors hereby reserves its legislative
discretion to modify any of the provisions hereof as changed
circumstances may warrant. The provisions herein are
considered to be temporary and will be revoked as soon as the
water shortage emergency condition ends. Modifications to
increase or decrease restrictions or water allocations will be
made as deemed necessary and appropriate. The General
Manager shall keep the Board advised about matters pertinent
12
29 of 43 Mi-\K i U 1991 Ilt.M 7
I
,
,
to drought conditions, MWD deliveries, Authority deliveries to
~~ member agencies, appeals, and the nature and extent of other
~ emergency conditions.
rartiealar rc~ara \:ill SC ~iVCR to domestic use, saRit~tien
3na fire pratcetien. ~lse, eSRsiacr3tioR ~ill ee ~iYcn ta
pertinent mattero aczi~nea te a~aia diocrimiR3tion e~t~ccH
consumers UOiR~ ~atcr for the same purpose and te ~remotc
unifsrmity in the Beneficial Hses maae sf ~ater ~ithin the
hounaaries of the [;on Die,s Csunty Water ~uthority.
SECTION X. SUPERSEDURE.
If any provisions of this ordinance are inconsistent with
previous actions of the Board pertaining to plans to respond
to drought conditions, the provisions hereof shall supersede
such inconsistent provisions.
SECTION XI. SUNSET PROVISION.
This ordinance, unless sooner terminated by the Board, shall
terminate September 30, 1991, unless prior to said date the
Board acts to extend it.
<= SECTION XII. LEGAL BASIS FOR ACTIONS.
The foregoing rules, regulations and restrictions are taken
pursuant to Article X, section 2, of the California
Constitution and the legislative powers delegated to the Board
ef Directsrs of the Authority by Section 5(11) of the County :
Water Authority Act (West's Water Code Appendix Section 45)
and Sections 350 through 357 of the Water Code providing for
declaration of water shortage emergencies.
PASSED, APPROVED AND ADOPTED, this 14th day of March, 1991.
Mike Madigan, Chairman
Board of Directors
JohnM. Leach, Secretary
Board of Directors
I, Janet R. Maltman, Executive Secretary of the Board of
Directors of the San Diego County Water Authority, do hereby
certify that the above and foregoing is a full, true and correct
13
MI-\K j :l 1q91 n:~ i~' 7
30 of 43v
- -
copy of said resolution of said Board and that the same has not
- been amended or repealed. r-
Executive Secretary
Board of Directors
~~<l~:.""
- (
-
-
14
31 of 43 MHK 1 :J 1991 rI'"tM 7
A-pr.eA..\s. bca.V"~\
Each member agency shall establish an appeal's process whereby
retail customers may submit requests for consideration for special
circumstances, including unusual hardships, with special regard for
domestic uses, sanitation and fire protection, and uniform rules
for other users.
\. CVVL""JlA.c< '" '- '-:;_ c7\j\_c~T- - .....x I:'I.L f~ - " --+ ~
,) (:~. - /~, ~__ i..--,__....-]........; '"---.J ~C_'--, :--1 -L--...........LJ
~
32 of 43 !f/Mil 1 !J 1991 rt:::.l'I1 ?
iI AGENDA REPORT ""----.
r CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: Peggy A. stewart, Director of Administrativ~
Services (Y
Peter Moote, Management AnalYS~~
DATE: March 19, 1991
SUBJECT: Proposed Water Rates during Drought Conditions
ABSTRACT
At the March 26, 1991 Council meeting, the City Council will be
adopting a resolution establishing a water rate structure in
response to the SDCWA emergency declaration and 50% water
reduction effective April 1, 1991. It is recommended that the
Council adopt a water rate structure as outlined below:
A. Establish a graduated lifeline amount for single family
dwellings based upon the number of people per household
plus an environmental allocation of 14.31% of 1989
usage per household account, and a block rate structure
for consumption above lifeline. Establish a percentage
baseline for multiple family dwellings of 70% of 1989
multiple family usage and a block rate structure for ~
consumption above baseline. (Attachment A)
B. Establish a percentage baseline for all other service
types dependent upon the type of water service and a
block rate structure for consumption above baseline.
(Attachment E)
C. Reserve approximately 5% of total City allocation of
water to respond to special circumstances, ie births,
livestock, medical needs, daycare, etc.
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V ACTION:
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Water Rates Agenda Report
March 19, 1991
Page 2
FINDINGS:
Residential:
1. The base period against which the 50% reduction for
residential use will be applied is from April 1989 through
March 1990. Total residential water used during that period
was 2,752,069,218 gallons, which means the City will have
1,376,034,609 available in the next 12 months for
residential use.
2. The proposed rate structure for single family dwellings
provides for a lifeline amount of water for each person
living in the household. Attachment B demonstrates typical
water use based upon number of people per household for
inside use. This information was used to establish the
lifeline amounts, which will account for 786,401,505 gallons
of the 1,376,034,609 gallons projected to be available for
residential use.
2. After allowing for lifeline, multiple family dwellings and a
reserve for special circumstances, 362,363,189 gallons are
available for environmental allocation. This represents
14.31% of single family use during the base period. Several
ways of providing for allowed outside water use have been
discussed--size of lot, number of trees, percentage of base
period use.
r
The percentage of base period use is the method recommended
in determining the environmental allocation per household.
It will provide for some recognition of lot size, amount of
landscaping, and impact of warm weather. It will be less
cumbersome to administer.
It is recommended that the 14.53% be established as the
percentage in determining the environmental allocation per
household, and that it be applied against previous
consumption amounts up to a cap of 3,000 gallons per day, ie
the maximum environmental allocation allowed would be 429
gpd.
4. Several difficulties have been raised with regard to
establishing a per person lifeline for multi-family
dwellings, ie size of units, those with laundry facilities
vs those without, frequently changing number of tenants.
Therefore, it is recommended that a percentage baseline be
established for all meters for multi-family dwelling units
of 70% of base period consumption.
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- Water Rates Agenda Report
March 19, 1991
Page 3
5. A reserve of 73,387,727 gallons has been identified for
dealing with special circumstances. Of those which have
been identified, the following allocations are recommended:
Large Livestock 30 gpd (Horses must be
licensed)
Day Care in Home 15 gpd for each child up to
maximum of 6 children, daycare
must be licensed
Births Lifeline increased by amount
allowed for number of people
in household
Medical Needs Evaluated on an individual
basis
6 . Two alternatives for the inclining block rate structure
above the lifeline/baseline and environmental allocation are
presented in Attachments C and D. The first maintains the
same increases in rate applied against the smaller lifeline
increments (Attachment C). The second is based upon the
Santa Barbara model in terms of rate increase applied
against proposed lifeline increments (Attachment D). The
attachments demonstrate sample bills under each alternative.
Direction is requested from Council as to the inclining ~
block rate structure.
Other Service Types:
1- All other service types have been reviewed individually and
percentage reductions for each are proposed in Attachment E.
We have separated out such users as hospitals, medical
offices, restaurants from their general categories and made
specific recommendations on each. Construction, landscaping
and City of poway are targeted for 60% reductions to offset
lower reductions for other categories of water consumers.
2. A reserve of 26,469,674 has been identified for all other
service types for dealing with special circumstances, such
as no service history in 1989.
3. Alternatives for the inclining block rate structure above
the baseline percentage amounts are presented in Attachment
F. Sample bills for each alternative are also provided.
Direction is requested from Council as to the inclining
block rate structure.
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Water Rate Agenda Report
March 19, 1991
Page 4
Implementation:
1. Staff will immediately move forward with the computer
programming and with gathering household information, with
an implementation target date of May 1, 1991. Any bills
processed under the old system prior to the time the new
system is operational will be recalculated using the new
rate and billed retroactively.
2. Once a water rate structure has been reviewed by Council,
notices will go out to all poway residents advising them of
the change in the water rate structure and encouraging them
to start conservation measures immediately in order to avoid
additional water charges.
3 . Requests for information about number of people in the
household will also be included in the mailing with a
response date of 7 days. The information card will advise
people who do not respond that their lifeline amount will be
established based upon 1 person in the household and they
will be billed accordingly.
RECOMMENDATION
It is recommended that the City Council review and give staff
direction regarding the proposed water rates during drought
conditions and direct staff to bring back the resolution ~
establishing the water rates for Council adoption at the March
26th meeting after the scheduled public hearing.
Attachments:
A. Residential/Multiple Family Dwellings lifeline structure
B. Typical water use per person
C. Impacts of proposed rate structure/residential
D. Impacts of proposed rate structure/residential
E. Proposed allocation for all other service types
F. Impacts of proposed rate structure/other service types
Mf1K 1 :1 1991 n t. IVI 7
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--
-- ATTACHMENT A
RESIDENTIAL RATE STRUCTURE
"LIFELINE"
TOTAL AVAILABLE FOR RESIDENTIAL: April '89 - Mar '90 use X 50% 1,376,034,609
(2,752,069,218 x .50)
SINGLE FAMILY DWELLNGS:
HOUSEHOLD SIZE TOTAL NO. TOTAL NO. TOTAL
HOUSES PEOPLE GALLONS
ANNUALLY
-------------------- ------------- ------------ --
I PERSON 782 782 19,972,180
2 PEOPLE 3685 7,370 25 168,133,144
3 PEOPLE 2323 6,969 152,603,755
4 PEOPLE 2926 11,704 250,956,549
5 PEOPLE 1452 7,260 151,014,133
OVER 5 PEOPLE - 2995 40 43,721,744
----------- ---------- -------------
LIFELINE FOR 11,167 37,080 786,401,505
INSIDE USE
ENVIORNMENTAL
ALLOCATION (14.31 % of single family use from 362,363,189
Apr '89 - Mar '90: 2,532,237,520 gal)
MUll-FAMILY DWELLINGS - ALL: April '89 - Mar '90 use X 70% 153,882,189
(219,831,698 x .70) ~
------------
------------
TOTAL ALL RESIDENTIAL ALLOCATION: 1,302,646,882
RESERVE FOR SPECIAL CIRCUMSTANCES: 73,387,727
, - "ne. wk1
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-_._-- ----
ATTACHMENT B
TYPICAL DAILY WATER USE -
(In Gallons) -
LIFELINE INCREMENTS:
1 PERSON 3 PEOPLE 5 PEOPLE -.
--------- --------- ---------
--------- --------- ---------
Toilet 12 36 60
(4 uses@ 3 gal x ,..
No. of people)
Shower' 24 72 120
(8 minutes @ 3 gal/minute x
No. of people)
Dishwasher 6 12 24
(12 gal/load)
Laundry 13 32 45
(45 gal/load)
Misc. kitchen/bathroom 15 25 35
(10 gallons basic x 5 gal each person)
Total Gallons per day (rounded): --------- --------- --------
--------- --------- --------
Per Household 70 177 284
Increment per person (approx) 70 55 50
Lifeline Increments 70 180 285
Assumptions:
Medium-flOW toilet
Low-flOW shower head
Daily Dishwasher load 1/2 1 2
Weekly laundry loads 2 5 7
DA'LYWKl
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ATTACHMENT C
IMPACT ON WATER BILLS
SAMPLE: Single Family Residence
Lifeline allocation is 235 gallons per day
Enviornmental allocation is 14.3% of base year (Apr '89 - Mar '90)
COMMODITY CHARGE
BI-MONTHL Y BILL BI-MONTHL Y BILL
USE PER DAY ALLOCATION IN UNDER PREVIOUS UNDER NEW CAPACITY AND
GALLONS UNITS GALLONS PER DAY FLAT RATE BLOCK STRUCTURE SEWER CHARGE
250 0.33 271 $21.10 $21.1 0 $40.40
340 0.45 283 28.77 37.93 40.40
400 0.53 292 33.88 51.73 40.40
500 0.67 307 42.83 76.03 40.40
750 1.01 342 64.57 181.06 40.40
1,000 1.34 378 85.66 371.47 40.40
1,500 2.01 450 1 28. 50 1.175.44 40.40
2,000 2.67 521 170.69 2,048.26 40.40
2,500 3.34 593 213.52 2,934.97 40.40
3,000 4.01 664 256.35 3,823.13 40.40
-
N .S: Capacity and sewer charges to be added to all commodity charges listed above.
Use in base year assumed to be same as sample year
"
BLOCK RATE STRUCTURE
Baseline 1 X base rate $ 1.048 per unit
2nd Baseline increment 3 X base rate $ 3.144 per unit
3rd Baseline increment 6 X base rate $ 6.288 per unit
4th Baseline increment 12 X base rate $12.576 per unit
All additional gallons 24 X base rate $25.152 per unit
Base Allocation is Based on Persons per Household
1 Person = 70 gallons per day + 14.3% of base year
2 People = 125 gallons per day + 14.3% of base year
3 People = 180 gallons per day + 14.3% of base year
4 People = 235 gallons per day + 14.3% of base year
5 People = 285 gallons per day + 14.3% of base year
Over 5 People = 40 add!'1 gallons per person per day + 14.3% of base year
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ATTACHMENT D
IMPACT ON WATER BILLS
SAMPLE: Single Family Residence
Lifeline allocation is 235 gallons per day
Enviornmental allocation is 14.3% of base year (Apr '89 - Mar '90)
COMMODITY CHARGE
BI-MONTHL Y BILL BJ-MONTHL Y BILL
USE PER DAY ALLOCATION IN UNDER PREVIOUS UNDER NEW CAPACITY AND
GALLONS UNITS GALLONS PER DAY FLAT RATE BLOCK STRUCTURE SEWER CHARGE
250 0.33 271 $21.10 $21.1 0 $40AO
340 OA5 283 28. 77 37.93 40AO
400 0.53 292 33.88 51.73 40.40
500 0.67 307 42.83 75.72 40AO
750 1.01 342 64.57 222.56 40AO
1,000 1.34 378 85.66 624.03 40AO
1,500 2.01 450 128. 50 1,623.83 40AO
2,000 2.67 521 170.69 2,613.98 40AO
2,500 3.34 593 213.52 3,062.86 40AO
3,000 4.01 664 256.35 4,603.39 40AO
NOTES: Capacity and sewer charges to be added to all commodity charges listed above.
Use in base year assumed to be same as sample year
'"
BLOCK RATE STRUCTURE
Baseline 1 X base rate $ 1.048 per unit
2nd Baseline increment 3 X base rate $ 3.144 per unit
3rd Baseline increment 9 X base rate $ 9A32 per unit
All additional gallons 27 X base rate $28.296 per unit
Base Allocation is Based on Persons per Household
1 Person = 70 gallons per day + 14.3% of base year
2 People = 125 gallons per day + 14.3% of base year
3 People = 180 gallons per day + 14.3% of base year
4 People = 235 gallons per day + 14.3% of base year
5 People = 285 gallons per day + 14.3% of base year
Over 5 People = 40 addt'l gallons per person per day + 14.3% of base year
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ATTACHMENT E
PROPOSED ALLOCATION
ALL OTHER SERVICE TYPES
(In Gallons Per Year)
Effective April 1. 1991
1989 % PROPOSED ALLOCATION
SERVICE TYPE BASE YEAR REDUCTION AFTER REDUCTION
---------------------- ------------- ------------ ---------------------
---------------------- ------------- ------------ ---------------------
AG/DOMESTIC 255,826,368 50% 127,913.184
MISC/LANDSCAPING 189.695,007 60% 75,878,003
TAX EXEMPT (CITY) 174,109,386 60% 69,643,754
INDUS PARK CONST 114,137,469 60% 45,654,988
SCHOOL 107.755,107 30% 75,428,575
COMMERCIAL 97,144,017 50% 48,572,008
HYDRANT 68,970,210 60% 27,588.084
AGRICULTURE 40,673,810 50% 20,336,905
MEDICAL OFFICE 19,805,372 40% 11,883,223
RESTAURANT 17.386,926 30% 12,170.848
HOSPITAL (1) 16,645,609 50% 8,322,804
RELIGIOUS INST 14,944.543 50% 7.472,271
CONVALSNT HOME 6,033,023 30% 4,223,116
.- INDUSTRIAL (1) 8,120,831 50% 4,060,416
FIRE LATERAL 11,969 0% 11.969
------------ ---------------------
------------ ---------------------
TOTAL 1,131.259,645 539,160,148
ALLOCATION (Base Year x 50%): 565,629,823 ~
PROPOSED BASELINE: 539,160,148
------------
------------
RESERVE 26.469.674
NET % REDUCTION FROM BASE YEAR 52.34%
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ATTACHMENT F
INCLINING BLOCK RATE STRUCTURE
ALL OTHER SERVICE TYPES
Alternative 1
All Service Types
Baseline $ 1.048 per unit
Everything above baseline $ 6.288 per unit
Alternative 2
Agriculture, Ag/Domestic, Miscl
Landscaping, Industrial Park
Construction, Hydrant
Baseline $ 1.048 per unit
Everything above baseline $25.152 per unit
All remaining Service Types
Baseline $ 1.048 per unit
Everything above baseline $ 6.288 per unit
Alternative 3
All Service Types
r
Baseline $ 1.048 per unit
Next 40 units $ 3.144 per unit
Next 40 units $ 6.288 per unit
Next 40 units $12.576 per unit
All additional units $25.152 per unit
Alternative 4
All Service Types
Baseline $ 1.048 per unit
Next 40 units $ 3.144 per unit
Next 40 units $ 9.432 per unit
All additional gallons $28.296 per unit
/l1>1K 1 :1 1991 ntM 7
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- Example of Impact of Proposed Rate Increases for All Other
Service types:
A High Valley domestic-agricultural customer averaging 421 units
per bimonthly period of consumption.
CUrrent charqes:
Commodity Charge 52xl.048 $ 54.50
369xO.947 349.44
Capacity Charge 11.02
Pumping Charge 84.20
Total Bimonthly Cost $ 499.16
Alternative 1:
Baseline Charge $ 220.60
Charge Above Baseline 1,323.60
Capacity Charge 11. 02
Pumping Charge 84.20
Total Bimonthly Cost $1,639.42
- Alternative 2:
Baseline Charge $ 220.60
Charge Above Baseline 5,294.50
Capacity Charge 11. 02
Pumping Charge 84.20
-0
Total Bimonthly Cost $5,610.32
Alternative 3:
Baseline Charge $ 220.60
Charge Above Baseline 3,156.58
Capacity Charge 11.02
Pumping Charge 84.20
Total Bimonthly Cost $3,472.40
Alternative 4:
Baseline Charge $ 220.60
Charge Above Baseline 4,195.66
Capacity Charge 11.02
Pumping Charge 84.20
Total Bimonthly Cost $4,511. 48
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MflK 1 :J 1991 r1t.Nl 7
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