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Item 7 - Drought Emergency Response -,- AGENDA REPORT - CITY OF POW A Y - TD: H'""'b1' '"'' ,,' '"","~h' Cl', C'""", FRDM: James L. Bowersox, City Ma DATE: March 19, 1991 SU8JECT: Drought Emergency Response ******************************************************************************* 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 "- ~-- 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: --.-- - - -l ACTION: M~K 1 \J 1991 Il;eM..7 _ _~ ------- .~---,--_.--_.- -_._-~------------ --- -'--- 2 of 43 - - Water Ordinance Page 2 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: - 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. 4 0 f 43 MilK 1 ~I 1091 n t lY1 7 .-.. - Water Ordinance Page 4 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; 5 of 43 MAK1~l1991 r!t.M 7 ---- --- -- Water Ordinance Page 5 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. ~ 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. 6 of 43 Mr\K 1 ~J 1991 nt.M 7 .-.- - Water Ordinance Page 6 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) ~ C:\WP51\COUNCIL\WTRORD.MAR - 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" 8 of 43 r."HI( J :11091 ~T:.:.M -, - Ordinance No. Page 2 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. "- 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 , 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: 11 of 43 tl1l-\t{ J ~J 1991 1"1 tlVl 7 -.--- -------. Ordinance No. Page 5 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 , 12 of 43 Mfll( J :i \']31 ' t.... I 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 ~ 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; 14 of 43 t'I/\I( J i; 1~?' ~"! !:. ~'/! ( -- Ordinance No. Page 8 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. 15 of 43 ;,1>1t< J D 1991,0, tM 7 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: 16 of 43 ,\j,j" J.:: m1 I"l t;'!! ( - .. ordinance No. - Page 10 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. - - 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 - - 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 - - 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 _',,'... .;.~ -'-',' 1 _ . "I '^.)'_I /_\_"\ '0'-'~ 't?f:t C-~\~_~ -,U;~) I'.. ,!(..... i _ . ...._ (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 . ) .CV:C)" ,._~ /( ;( .,/ f'"" ' ~."( .;..~i'-'{ (., l'~ '. ,,,-ft, N .' N ,,- ~ I . )"" '/.' 1:- . q 11")::-]1 n - .11 -, I.'J ,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 . - - 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. ~ -~-p~ > .~ V ACTION: ~ ...d_U -..... ... .~ 33 0 f 43 filM" " ~ r:J" I I I C. ill ( 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. M>1t< 1 :1 1991 n i:.lvl 7 34 of 43 - 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. MI-1K 1 :J 1991 ITtM 7 35 of 43 - 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 36 of 43 -- -- 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 37 of 43 MJ4K 1 :1 1991 r1c.1VI 7 -_._-- ---- 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 tili-\K 1 ~ 1931 nt.1V1 7 38 of 43 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 - 39 of 43 NJr\ti 1 ~ 1991 nt.1VI 7 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 Mr\K 1 :J 1991 r1t:.M 7 40 of 43 - 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% 41 of 43 MrlK 1 ~J 1991 ntlVl 7 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 42 of 43 - - 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 - MflK 1 :J 1991 r1t.Nl 7 43 of 43