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HomeMy WebLinkAbout11 DROUGHT DECLARATIONG1�Y �rA Gsz~ AGENDA REPORT MEETING DATE: AUGUST 5, 2014 TO: JEFFREY C. PARKER, CITY MANAGER Agenda Item Reviewed: City Manager Finance Director 11 FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER PAMELA ARENDS -KING, DIRECTOR OF FINANCE /CITY TREASURER SUBJECT: CITY'S RESPONSE TO IMPLEMENT THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD DROUGHT REGULATIONS SUMMARY In response to drought conditions and as required by Governor Brown, the State Water Resources Control Board (Water Board) approved emergency regulations in an effort to ensure water agencies, their customers and state residents increase water conservation in urban areas. The City of Tustin, as a water purveyor, is required to implement conservation measures within its service area to comply with the Water Board regulations. RECOMMENDATION That the City Council takes the following actions: 1. Declare a Stage 2 Water Alert as defined in the City's Water Management Plan, Ordinance No. 1060; 2. Apply the Stage 2 Water Demand Reduction rates effective immediately; 3. Direct staff to publish notification of the declaration for three consecutive days in a newspaper and by direct mailing to Tustin Water Services customers; 4. Authorize staff to provide notification of the required conservation measures prior to issuing citations; and 5. Appropriate $20,000 from Water Enterprise Fund Balance for additional customer rebate incentive activity for efficient landscape and irrigation systems conversion. FISCAL IMPACT Tustin Water Service operates a tiered rate structure, which includes 4 stages for Water Demand Reduction. Under the Stage 2 Water Demand Reduction rates, the units of consumption in each of the seven tiers are reduced 20 %. Below is a comparison of the residential and commercial rate structures under every level of water savings. SWRCB Drought Regulations August 5, 2014 Page 2 Stage Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Tier 6 Tier 7 No Mandatory 0 -10 11 -20 21 -30 31 -40 41 -50 51 -60 61+ Reduction STAGE 1 - 0 -9 10 -18 19 -27 28 -36 37 -45 46 -54 55+ Water Watch STAGE 2 - 0 -8 9 -16 17 -24 25 -32 33 -40 41 -48 49+ Water Alert STAGE 3 - Water 0 -7 8 -14 15 -21 22 -28 29 -35 36 -42 43+ -Warning STAGE 4 - Water 0 -6 7 -12 13 -18 19 -24 25 -30 31 -6 37+ Emergency The same basic calculation applies to multiple unit rates, but this rate structure is reduced to account for limited outdoor irrigation. The table below compares rate structures under every level of water savings. Stage Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Tier 6 Tier 7 No Mandatory 0 -8 9 -16 17 -24 25 -32 33 -40 41 -48 49+ Reduction STAGE 1 - 0 -7 8 -14 15 -21 22 -28 29 -35 36 -42 43+ Water Watch STAGE 2 - 0 -6 7 -12 13 -18 19 -24 25 -30 31 -6 37+ Water Alert STAGE 3 - Water 0 -5 6 -10 11 -15 16 -20 21 -25 25 -30 31+ -Warning STAGE 4 - Water 0 -4 5 -8 9 -12 13 -16 17 -20 21 -24 25+ -Emergency To demonstrate the impact this rate change will have on residents, staff in the City's Finance Department ran three scenarios, one at the current rate structure, one at Stage 2 rates and one at Stage 2 rates with a 20% reduction in consumption. An average residential customer using 40 units of water currently pays $66.70 for consumption. With the Stage 2 Water Demand Reduction rates the customer will pay $71.04 for the same SACity Council Items\2014 Council Items \08 -05- 2014 \City's Response to SWCRB Drought Regulations_dss 1.docx SWRCB Drought Regulations August 5, 2014 Page 3 level of consumption, an increase of $4.36. If that customer reduces their consumption by 20% to 32 units he /she will save $13 on their bi- monthly bill. The total impact on Tustin Water Services revenues for implementing the Stage 2 Water Demand Reduction rates, with the expectation that water consumption would be reduced by 20 %, is an estimated decrease in revenues of $2.5 million. Production costs are estimated to decrease $1 million; therefore the net decrease would be $1.5 million. The City would still be collecting enough revenue to meet its bond covenants; however, funds to build the Water Enterprise fund reserves would be significantly reduced. CORRELATION TO THE STRATEGIC FLAN This item contributes to the fulfillment of the City's Strategic Plan Goal D, Strong Community and Regional Relationships, specifically addressing Strategy 2, by working collaboratively with agencies within and outside Tustin on issues of mutual interest and concern which is addressing the current drought conditions. BACKGROUND On January 17, 2014, Governor Brown issued a proclamation of a state of emergency imploring all Californian's to reduce water usage by 20 %. He reaffirmed the proclamation on April 25, 2014 and among other things required the Water Board to direct urban water suppliers to implement drought response plans. To comply, the Water Board released proposed regulations on July 7, 2014, which were formally approved on July 15, 2014. The regulations require water suppliers to promote water conservation by prohibiting the following activities: 1. Watering of landscape that causes runoff onto adjacent property, non - irrigated areas, private and public walkways, roadways, parking lots, or structures; 2. Use of a hose to wash an automobile if it is not equipped with a shut -off nozzle; 3. Application of water to any hard surface; and 4. Use of a fountain that is not part of a recirculating system. Tustin Water Services, as a water supplier, is required to implement a water shortage contingency plan that imposes mandatory restrictions on outdoor watering and prepare monthly reports to the Water Board stating the amount of water produced in the preceding calendar month and the estimated number of gallons of water used per person per day. Should the Water Board find the measures implemented by the City to be insufficient, the City will be required to limit outdoor watering to two days per week or implement other measures that will result in a comparable reduction in water consumption by the persons it serves relative to the amount consumed in 2013. The City's Response The City Council approved Ordinance No. 1060 on March 18, 1991. This uncodified ordinance adopted a water management program to be used during times of water SACity Council Items\2014 Council Items \08 -05- 2014 \City's Response to SWCRB Drought Regulations_dss 1.docx SWRCB Drought Regulations August 5, 2014 Page 4 shortage. The ordinance provides four (4) stages of conservation, with each becoming more stringent. Based on staff's evaluation of the Water Board regulations, Ordinance No. 1060, and the current level of conservation by Tustin Water Services customers, staff believes it appropriate for the City Council to declare a Stage 2 Water Alert, implement the associated water conservation measures, and apply the Stage 2 Water Demand Reduction rates effective immediately. Staff is coordinating community outreach and education with the Municipal Water District of Orange County (MWDOC). Community outreach will focus on providing specific conservation methods that can be implemented to increase conservation efforts. Staff firmly believes that the Tustin community can achieve water savings by simply reducing outdoor irrigation by one day per week or by reducing the daily run time by 20 %. For property owners looking to create long term change, local rebate programs are available through bewaterwise.com to offset the cost of turf removal and installation of water efficient landscape and irrigation systems. For those that have already converted to a drought tolerant landscape, there are some small changes that can be made in the home that have a large impact on water consumption. They include running the dishwasher and clothes washer only when full, fixing leaks promptly, taking a five minute shower, turning off the water while brushing teeth, and installing high efficiency toilets and clothes washers. Public Works staff has evaluated current irrigation practices on City property and has reduced water use of all medians to three days per week and in parks to three or four days per week depending on the type of use the turf receives. Staff recognizes that parks are gathering places for the community, especially during the summer when schools is not in session, and will make every effort to keep the turf in Tustin parks available for recreation. However, staff will consider further reductions if City conservation goals are not met. None essential water use such as operating fountains and non - recirculating splash pads has been eliminated. Staff believes a majority of Tustin Water Services customers are likely to cooperate with water conservation efforts through education. However, the Water Board regulations provide the City with the ability to fine customers up to $500 for nonparticipation. Section 8 of Ordinance No. 1060 outlines penalties for nonparticipation under a Stage 2 Water Alert in the amounts of $25 for the first occurrence, $35 for the second occurrence, $45 for the third occurrence, $55 for the fourth occurrence, installation of a flow restricting device for no less than 48 hours and payment of $65 for the fifth occurrence, and discontinuation of water service for no less than 24 hours and payment of $70 for the sixth and each subsequent occurrence. Education is an important component of public participation, and as such, staff is recommending that the first step to addressing nonparticipation should be in the form of formal written notice or documented verbal notice of the water restrictions. As Ordinance No. 1060 is currently written, Stage 2 Water Alert does not provide staff with the flexibility to notify customers prior to imposing penalties. Understanding that enforcement begins S: \City Council Itemst2014 Council Items \08 -05- 2014 \City's Response to SWCRB Drought Regulations_dss 1.docx SWRCB Drought Regulations August 5, 2014 Page 5 with notification, education, and cooperation, staff is requesting the City Council authorize written notification prior to imposing penalties outlined in Ordinance No. 1060. What should be understood is that the drought is real and that the State is looking for proactive conservation statewide. The new State regulations create criminal penalties up to $500 for water use violations and enforcement of the new regulations is at the discretion of the local agency. As mentioned earlier, the City is required to submit monthly reports to the Water Board. During the preparation of these reports, staff will evaluate water consumption and the need to implement a different stage of the water management program. If deemed necessary, staff will make a formal recommendation to the City Council to change the conservation stage. 'Stack, P.E. Public Works /City Engineer Pamela King of Finance/City Director of Finance /City Treasurer Attachment(s): 1. Ordinance No. 1060 — Water Management Program 2. SWRCB Emergency Drought Regulations 3. Water Saving Tips to Increase Conservation 4. Draft Customer Drought Notification (Postcard) S: \City Council Items\2014 Council Items \08 -05- 2014 \City's Response to SWCRB Drought Regulations_dss 1.docx ATTACHMENT 1 Ordinance No. 1060 - Water Management Program 1 ORDINANCE NO. 1060 2 AN ORDINANCE OF THE CITY" COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND 3 ADOPTING A WATER MANAGEMENT PROGRAM 4 5 The City Council of the City of Tustin does hereby ordain as follows: 6 SECTION 1. Declaration of Policy. California Water Code 7 Sections 375 et seq. permit public entities which supply water at retail to adopt and enforce a water conservation program to reduce the 8 quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity. The City Council of the City of 9 Tustin hereby establishes a comprehensive water conservation program pursuant to California Water Code Sections 375 et seq., based upon the 10 need to conserve water supplies and to avoid or minimize the effects of any future shortage. 11 SECTION 2. Findings. The City Council of the City of Tustin finds and determines that a water shortage will exist upon the occurrence of one 12 or more of the following: 13 (A) A general water supply shortage due to limited supplies. 14 (B) Distribution or storage facilities of the Metropolitan Water District of Southern California, the Municipal Water District 15 of Orange County, the East Orange County Water District, or 16 the City of Tustin become inadequate. 17 (C) A major failure of the supply, storage and distribution facilities of the Metropolitan Water District of Southern 18 California, the Municipal Water District of Orange County, the East Orange County Water District, or of the City of 19 Tustin occurs. 20 The City Council of the City of Tustin also finds and determines that the conditions prevailing in State and in the Orange County area require that 21 the water resources available be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented and that the 23 24 25 26 27 28 conservation of such water encouraged with a view to the maximum reasonable and beneficial use thereof in the interests of the people of the City of Tustin and for the public welfare. SECTION 3. CEOA Exemption. The City Council of the City of Tustin finds that this Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b) (4) and the California Environmental Quality Act Guidelines Section 15269(c). 2 3 4 5 6 11 12 13 14 21 Ordinance No. 1060, Page 2 The City Manager of the City of Tustin is hereby authorized and directed to file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION 4. Application. The .provisions of this Ordinance shall apply to all persons, customers, and property served by the City of Tustin water service. SECTION 5. Authorization. The City Manager or a designated representative is hereby authorized and directed to implement the provisions of this Ordinance. SECTION 6. Water Conservation Stages. No customer of the City shall knowingly make, cause, use, or permit the use of water supplied by the City for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner in excess of the amounts authorized by this Ordinance, or during any period of time other than the periods of time specified in this Ordinance. AT NO TIME SHALL WATER BE WASTED OR USED UNREASONABLY. The following stages shall take effect upon declaration as herein provided. (A) STAGE 1 VOLUNTARY COMPLIANCE - WATER WATCH. STAGE 1 applies during periods when the possibility exists that the City will not be able to meet all of the demands of its customers. During STAGE 1, all elements of STAGE 2 shall apply on a voluntary basis only. (6) STAGE 2 - MANDATORY COMPLIANCE WATER ALERT. STAGE .2 applies during periods when the probability exists that the City will not be able to meet all of the water demands of its customers or when statewide shortages cause a need for local conservation measures to be implemented. During STAGE 2, the following water conservation measures shall apply except when reclaimed or recycled.water is used. Lawn watering and landscape irrigation, including construction meter irrigation, is not permitted between the hours of 10:00 a.m. and 6:00 p.m. any day. Watering is permitted at any time if a hand -held hose equipped with a positive shut -off nozzle is used, a hand -held faucet - filled bucket of five (5) gallons or less is used, or a drip irrigation system is used. Watering shall be done as needed only. & Water shall not be used to wash down streets, gutters, sidewalks, driveways, parking areas, tennis courts, 24 patios, pool decks, or other paved areas, except to alleviate immediate fire or sanitation hazards. 25 3. Washing of autos, trucks, mobile homes, buses, 26 trailers, boats, airplanes and other types of mobile equipment shall be done with a hand -held bucket or a 27 hand -held hose equipped with a positive shut -off nozzle 28 / Ordinance No. 1060, Page 3 1 for quick rinses. Washing is permitted at any time on the immediate premises of a commercial car wash. 2 Further, such washing is exempted from these regulations where health, safety and welfare of the 3 public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food 4 and perishables. 5 4. Watering parks, school grounds, public facilities, and recreational fields is not permitted between the hours 6 of 10:00 a.m. and 4:00 p.m. 7 5. Restaurants shall not serve water to their customers except when specifically requested. a 6. The operation of any ornamental fountain or similar 9 structure is prohibited unless reclaimed water is used. 7. Agriculture users and commercial nurseries as defined 10 in the Metropolitan Water District Code are exempt, from STAGE 2 irrigation restrictions, but will be 11 required to curtail all non - essential water use. 12 (C). STAGE 3 - MANDATORY COMPLIANCE - WATER WARNING. STAGE 3 applies during periods when the City will' not be able to 13 meet all the water demands of its customers. During STAGE 3, the following water conservation measures shall apply 14 except when reclaimed or recycled water is used. . 15 1. Lawn watering and landscape irrigation, including construction meter irrigation, is permitted only on 16 designated irrigation days and only between the hours of 6:00 p.m. and 6:00 a.m. A "designated irrigation 17 day" is determined by the last digit in the street address. Properties with addresses ending in an even 18 number may use water on even numbered days and addresses ending with an add number may use water on odd numbered 1911 days. 20. 2. Water shall not be used to wash down streets, gutters, 21 sidewalks, driveways, parking areas, tennis courts, patios, pool decks, or other paved areas, except to alleviate immediate fire or sanitation hazards. 22 3. Washing of autos, trucks, mobile homes, buses, trailers, 23 boats, airplanes and other types of mobile equipment is 24 prohibited. Washing is permitted at any time on the immediate premises of a commercial car wash. The use of water by all types of commercial car washes not using partially reclaimed or recycled,water shall be reduced 26 in volume by 20 %. Further, such washings are exempted from these regulations where the health, safety and 27 welfare of the public, is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles 28 used to transport food and perishables. F Ordinance No. 1060, Page 4 1 4. Watering parks, school grounds, public facilities, and recreational fields is permitted only after 6:00 p.m. 2 and before 6:00 a.m. 3 5. The use of water from fire hydrants shall be limited to fire fighting and related activities, or other 4 activities necessary to maintain the health, safety and welfare of the public. 5 6. Agricultural users and commercial nurseries shall use 6 water only between the hours of 6:00 p.m. and 6:00 a.m. 7. Restaurants shall not serve water to their customers except when specifically requested.' 8 8. The operation of any ornamental fountain or similar 9 structure is prohibited. 10 9• All water leaks shall be repaired immediately. I1 10. Construction water shall not be used for earthwork or road construction purposes unless authorized as a 12 mitigation or erosion control, compaction or backfilling earthwork or as required by the Air Quality Management 13 Plan (AQMP) Control Measure F -4. 14 11. Exceptions: The prohibited uses of water are not applicable to that use of water necessary for public health and safety or for essential governmental services 15 such as police, fire and other similar emergency 16 services. 17 (D) STAGE 4 - MANDATORY COMPLIANCE - WATER EMERGENCY. STAGE 4 applies when a major failure of any supply or distribution 18 facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan 19 Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District 20 or City facilities. During STAGE 4, the following water conservation measures shall apply except when reclaimed or 21 recycled water is used: 22 1. All outdoor irrigation of vegetation is prohibited. 23 2. Water shall not be used to wash down streets, gutters, sidewalks, driveways, parking areas, tennis courts, 24 patios, pool .decks, or other paved areas, except to alleviate immediate fire or sanitation hazards. 25 3. Washing of autos, trucks, mobile homes, buses, trailers, 26 boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time upon the 27 immediate premises of a commercial car wash. The use of water by all types of commercial car washes shall be 28 reduced in volume by 50 %. Further, such washings are Z,tLiiun i. mandatory conservation Phase Implementation. The City shall monitor the projected supply and demand for water by its 24 customers on a daily basis. The City Manager shall determine the extent of the conservation required through the implementation and /or termination of particular conservation stages in order for the City to prudently plan for and supply water to its customers. Thereafter, the City Manager may 26 order.that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this Ordinance. 27 The declaration of any stage beyond STAGE 1 shall be made by public announcement and notice shall be published a minimum of three (3) 28 consecutive times in a newspaper of general circulation. The stage Ordinance No. 1060, Page 5 1 exempted from these regulations where the health, safety and welfare of the public is contingent upon 2 frequent vehicle cleaning such as garbage trucks and vehicles used to.transport food and perishables. 3 4. Filling, refilling or adding of water to swimming pools, 4 spas, ponds and artificial lakes is prohibited. 5 5. Watering of parks, school grounds, public facilities and recreation fields is prohibited with the exception of 6 plant materials classified to be rare, exceptionally valuable, or essential to the well being of rare 7 animals. 8 6. The use of water from fire hydrants shall be limited to fire fighting or related activities necessary to 9 maintain the health, safety and welfare of, the public. 10 Use of water for agricultural or commercial nursery purposes, except for livestock watering, is prohibited. 11 S. Restaurants shall not serve water to their customers 12 except when specifically requested. 13 9• The operation of any ornamental fountain or similar structure is prohibited.. 14 10. New construction meters or permits for unmetered service 15 will not be issued. Construction water shall not be used for earth work or road construction purposes. 16 11. The use of water for commercial, manufacturing or 17 processing purposes shall be reduced in volume by 50 %. 18 12. No water shall be used for air conditioning purposes. 19 13. All water leaks shall be repaired immediately. 14. Exceptions: The prohibited uses of water are not applicable to that use of water necessary for public 21 health and safety or for essential governmental services . such as police -, fire and other similar emergency 22 services. Z,tLiiun i. mandatory conservation Phase Implementation. The City shall monitor the projected supply and demand for water by its 24 customers on a daily basis. The City Manager shall determine the extent of the conservation required through the implementation and /or termination of particular conservation stages in order for the City to prudently plan for and supply water to its customers. Thereafter, the City Manager may 26 order.that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this Ordinance. 27 The declaration of any stage beyond STAGE 1 shall be made by public announcement and notice shall be published a minimum of three (3) 28 consecutive times in a newspaper of general circulation. The stage Ordinance No. 1060, Page 6 1 designated shall become effective immediately upon announcement. The declaration of any stage beyond STAGE I shall be reported to the City 2 Council at its next regular meeting. The City Council shall thereupon ratify the declaration, rescind the declaration, or direct the declaration 3 of a different stage. 4 SECTION 8. FAILURE TO COMPLY. 5 (A) Following a declaration of a Stage 1 condition as provided herein, upon the occurrence of violations of any of the provisions of this ordinance, City shall cause written notice 6 to be given to each violator. 7 (B) Following a declaration of a Stage 2 condition as provided herein, citations shall be issued to violators. The first 8 violation by any violator shall subject the violator to a fine of Twenty -Five dollars ($25.00). Upon a second violation, the 9 violator shall be subject to a fine of Thirty -Five dollars 10 sjc) Upon a third i var shlb ubJ et to afine of Forty-Five ( $4500)• Upon a fourth violation, the violator shall be subject to a fine of 11 Fifty -Five dollars ($55.00). 12 (C) For the fifth violation, the City may .install a flow restricting device in the customer's water service line for a 13 period not less than 48 hours and until the customer satisfies the City that the failure to comply will not continue. The 14 charge for installing and removing the flow restricting device shall be $65.00 and shall be paid by the customer prior to 15 .removal. 16 (D) For the sixth and each subsequent violation, the City may discontinue water service for a period of not less than 24 17 hours and until the customer satisfies the. City that the failure to comply will not continue. The customer shall pay 18 $70.00 for restoration of water service. 19 SECTION 9. Appeal Procedure. A customer shall have the right to appeal by filing a written request for appeal within five days with the 20 City Manager or his designee. .Within ten days after receipt of such a request, a written decision shall be issued. The City Council or their 21 designee shall be the final appeal body on all decisions. !0 SECTION 10. Severability. If any section, sub - section, clause or phrase in this Water Conservation Ordinance or the application thereof 23 to any person or circumstances is for any reason held invalid, the validity of the remainder of the Conservation Ordinance or the application 24 of such provisions to other persons or circumstances shall not be affected. .25 / 26 / 27 / Ordinance No. 1060, Page 7 1 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 18th day of March , 1991. 2 3 4. RICHARD B. EDGW, ayor 5 6 KARY L. WON, City %erK 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1060 21 EX 24 25 26 27 MARY E WYNN, City Clerk and ex- officio Clerk of the City Council.of the 11 City of. Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing 12 Ordinance was duly and regularly read and introduced at a meeting of the City Council held on the 4th day of March ' , 1991, and was given 13 its second reading and dT passed an a opte a a meeting of the City Council held on the let, day of March ,1991,- by the following 14 roll call vote: 15 16 COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts, Prescott COUNCILMEMBER NOES: Clone COUNCILMEMBER ABSTAINED: None 17 COUNCILMEMBER ABSENT: None 18 a. E. LJ 19 1 MDD� ary L. Wyn,la, city Cl fk 21 EX 24 25 26 27 ATTACHMENT 2 State Water Resources Control Board Emergency Drought Regulations PROPOSED TEXT OF EMERGENCY REGULATIONS Article 22.5. Drought Emergency Water Conservation Sec. 863 Findings of Drought Emergency (a) The State Water Resources Control Board finds as follows: (1) On January 17 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25 2014 the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions: (3) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; (4) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (5) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to further promote conservation. Authority: Wat. Code, & 1058.5. References: Wat. Code, U 102, 104, 105. Sec. 864 Prohibited Activities in Promotion of Water Conservation (a) To promote water conservation each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adiacent property, non - irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut -off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; and (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. (b) The taking of any action prohibited in subdivision (a) of this section, in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Authority: Wat. Code, & 1058.5. References: Wat. Code, H 102, 104, 105. PROPOSED TEXT OF EMERGENCY REGULATIONS Sec. 865 Mandatory Actions by Water Suppliers (a) The tenn "urban water supplier," when used in this section, refers to a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b)(1) To promote water conservation, each urban water supplier shall implement all requirements and actions of the stage of its water shortage contingency plan that imposes mandatory restrictions on outdoor irrigation of omamental landscapes or turf with potable water. (2) As an alternative to subdivision (b)(1), an urban water supplier may submit a request to the Executive Director for approval of an alternate plan that includes allocation -based rate structures that satisfies the requirements of chapter 3.4 (commencing with section 370) of division 1 of the Water Code, and the Executive Director may approve such an alternate plan upon determining that the rate structure, in conjunction with other measures, achieves a level of conservation that would be superior to that achieved by implementing limitations on outdoor irrigation of omamental landscapes or turf with potable water by the persons it serves to no more than two days per week. (c) To promote water conservation, each urban water supplier that does not have a water shortage contingency plan or has been notified by the Department of Water Resources that its water shortage contingency plan does not meet the requirements of Water Code section 10632 shall; within thirty (30) days, limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than persons it serves relative to the amount consumed in 2013. (d) In furtherance of the promotion of water conservation each urban water supplier shall prepare and submit to the State Water Resources Control Board by the 15'h of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. Beginning October 15,2014, the monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. In its initial monitoring report, each urban water supplier shall state the number of persons it serves. (e) To promote water conservation, each distributor of a public water supply, as defined in Water Code section 350, that is not an urban water supplier shall, within thirty (30) days, take one or more of the following actions: (1) Limit outdoor irrigation of omamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (2) Implement another mandatory conservation measure or measures intended to achieve a comparable reduction in water consumption by persons it serves relative to the amount consumed in 2013. Authority: Wat. Code, & 1058.5. References: Wat. Code, && 102, 104, 105; 350; 10617; 10632. ATTACHMENT 3 Water Saving Tips to Increase Conservation The Governor has called for a 704t dw 0 M70% Reduction in water use look like? freduction in water us 7101 MUNICIPAL WATER O125TRICT OF OMAN" COUNTY Gallons per day The amount of water the average Orange County resident uses each day. Here are some easy tips to help you reduce your water use by 20% or 28 gallons per day! Shorten your shower by Use a broom instead of a hose S minutes 440" to clean the driveway 2 21 Gallons per day'. ;; L Gallons per day! �S•y�"' "Based on i time per week. V �f' Wash only �� Adjust your sprinkler system full loads for leaks and overspray. of laundry 1.5-40 Gallons per day! so+ "Based an 7 loads Gallons per day! per week average. 1 Fix leaky toilets Replace a portion of your lawn and faucets � with California Friendly plants ti 20 170 Gallons per dayl Gallons per day for every 1000 square feet of turf removed! Install high Install a smart sprinkler timer efficiency toilets 19 40 Gallons per day! Gallons per day! For more helpful tips on ways to reduce water use, visit: + + • 4' was the driest year on record. As the drought continues in 2014, many regions throughout the state are severely impacted. While Orange County water providers have planned for dry periods like this, we're rapidly drawing down our water reserves. We must be good stewards of our precious water resources and use water as efficiently as possible, Governor Brown declares a drought emergency in California. Percentage of water currently stored in Lake Oroville compared to its total capacity. N015 OM%T Amount of water southern Califomia has in storage. UoQ 2101 Projected draw on stored supplies this year. Amount of average annual snowpack in the Sierra Nevada mountains at April's peak. Californians rely an this snowpack for a portion of their water supply unt of Orange County's water supply must be imported from other areas. Many areas of Orange County are nearly Ui t ri dependent on imported water supplies. I In an average year, nearly of Orange County's imported water comes from the Colorado River, the other comes from the State Water Project which begins at Lake Oroville. me ... "ease ... me& The drought is a reminder that we must due ,� to invest hr water lstfrsre and rell�rbi!lYty * ' projects in order to ensure our watersups remain reliable. XR Number of consecutive years the Colorado River Basin has been in a drous Billion Investments by Southern California water providers in water reliability projects over the past ` t Resulting in... Increased regional stor Infrastructure Improve New local water swpplW Water use effidenry programs that are now sustalnlhg the region. 9 �Jfttlt�li�, Average amount of water used every day by each Orange County resident. More thanY2 of that amount is used to water our landscapes. ease* .... sesames 40 million Funding available to southern California residents for rebates on water - effident devices including: Smart Irrigation timers $ Rotating nozzles ¢ Nigh efficiency *� clothes washers $ Rain barrels .00000 .... m a m m a . 140gallons / Water savings each day by replacing 1,@@@ sq. ft. of grass with California Friendly plants Genoa ... masses.. 19 gallons Water savings each day by installing a high efficiency toilet. kPAL Governor Brown is asking all Californians to reduce their daily water use by, ,O% . You can do this by '. making simple changes, like installing water efficient devices, repairing leaks, or replacing a portion of your ew I J 0.... lawn with drought tolerant landscape. MWDOC has a variety of rebates and programs to assist residents COVMY and businesses in reducing their daily water use. visit www. mwdoC.COri'i /w w to learn more. iMMIL ATTACHMENT 4 Draft Customer Drought Notification (Postcard) E �Q U ti Q O U _+ w o n U o M 1= r co f~ O N Cb •I � CO h- x U O O m C +_�• 0 c 3 .� C b C O CL ca w co Vi O c 7 a) E .3 t O N N O a7 to E = L C Z O a [� 74 c0 Q. .c 0 ` O M o .3mc r '6 J C7 a o~ is O O 3 . y v c . -a O a 4- U () m D Q m x OO C E 4) O L LLI O m m Q) �a � x 0 rn N i .- 0 Cl . o aO W � ° L E c = 0 d O C O O N a) N !_ O N U .w O w C L N N O N 4} 7 3 E 0 U y H v 3 C1 fA Q O a C '� U t a) t4 O E L~ C L x N C L co p� °) dJ Vl ca C: E° N o c � G C O t w L N N �' N O (D E d w 'n °�� =�7m �3aomc�c�NOS�Q-o �+�� m .0 3 c N c� cca-a� E o m E o o c ca CL c� c - o c (D c 3 c E Z m.�lnN�s c�a�co��'� 3c°N� o�`y° WAR ay, LLI *� = c 'N .°' O O CD c 4) w O -� @ O rrn 0 c 0 (D � _ ►� c .. t l4 O I� U O c «. O C 0 lit ,� ii U 5 y O O a) N IV Q r Co � a 7 �,. 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