HomeMy WebLinkAboutP.H. 1 WTR SHORTGE PLN 02-03-92AGENDAL-,,-
PUBLIC
HEARING N0. 1
2-3-92
DATE: JANUARY 28, 1992 i 1 t e i- - C 0 ni
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/WATER DIVISION
SUBJECT.- RESOLUTION NO. 92-15 PUBLIC HEARING AND ADOPTION OF THE
WATER SHORTAGE CONTINGENCY PLAN
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RECOMMENDATION:
That the Tustin City Council, at their regular meeting of February 3, 1992, hold a public hearing on
and adopt the Tustin Water Service Water Shortage Contingency Plan ("Plan") by Resolution No.
92-15, and order that said Plan be filed with the State of California Department of Water Resources
(DWR).
BACKGROUND:
California Assembly Bill No. 11 ("AB -1 1 ") requires every urban water supplier providing municipal
water directly or indirectly to more than 3,000 customers, or supplyingmore than 3,000 acre-feet
of water annual) to
y prepare and adopt, in accordance with prescribed requirements, a water
shortage contingency plan containing prescribed elements. AB -11 is an amendment to AB -797
requiring the City to amend its' Urban Water Management Plan, which was adopted by City Council
on March 4, 1991 by Resolution No. 91-27. AB -1 1 also requires the Plan to be filed with DWR.
The Plan makes reference to City Ordinance No. 1060, which, if implemented, is intended to reduce
water consumption up to 50 percent. The Plan also calls attention to proposed improvements in the
City's water system, which will reduce the probability of a 50 percent shortage occurring in Tustin.
These improvements include construction of new wells, upgrading of the City's reservoir storage
system, and a cooperative project with Orange County Water District (OCWD) for construction of
groundwater desalter at the City's 17th Street yard.
The Plan also makes reference to urban water shortage contingency plans prepared by the Municipal
Water District of Orange County (MWDOC) and the Metropolitan Water District of Southern California
(MWD), along with the OCWD Groundwater Management Plan. These reports are available for
review upon request.
City staff has prepared the Plan and Resolution No. 92-15 in accordance with the requirements of
AB -1 1.
Bob Ledendecker
Director Public Works/City Engineer
BL:MKM:cc
Attachments
Gary R. Vetrh
Water Service Manager
TUSTIN WATER SERVICE
TUSTIN, CALIFORNIA
JANUARY 1992
THE WATER SHORTAGE CONTINGENCY PLAN
FOR
THE CITY OF TUSTIN
JANUARY 1992
CHARLES E. PUCKETT - MAYOR
LESLIE ANNE PONTIOUS - MAYOR PRO TEM
RICHARD B. EDGAR - COUNCILMEMBER
JIM POTTS - COUNCILMEMEBER
EARL J. PRESCOTT - COUNCILMEMBER
PREPARED FOR
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
CITY OF TUSTIN
WATER SHORTAGE CONTINGENCY PLAN
TABLE OF CONTENTS
TEX
INTRODUCTION
THE PLAN ,
AB -11 Section 10620(d)(2)
AB -11 Section 10631(e) (1) ,
AB -1 1 Section 10631(e)(2)
AB -11 Section 10631(e) (3)
AB -11 Section 10631(e) (4) ,
AB -11 Section 10631(e)(5) ,
AB -11 Section 10631(e)(6)
AB -11 Section 10631(e)(7) ,
AB -11 Section 10631(e) (8)
AB -11 Section 10631(e)(9)
AB -11 Section 10631(f)
AB -11 Section 10631(g)
TABLES & FIGURES
CURRENT PRODUCTION ,
FUTURE PRODUCTION
AVERAGE DAY DEMAND
MAXIMUM DAY DEMAND
APPENDIX
GENERAL INFORMATION
NOTICE OF PUBLIC HEARING FOR THE PLAN
RESOLUTION NO. 92-15 (DRAFT)
ORDINANCE NO. 1060
ORDINANCE NO. 1063
RESOLUTION NO. 91-27
SAMPLE TWS WATER PRODUCTION REPORTS/STATISTICS
ASSEMBLY BILL NO. 11
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CITY OF TUSTIN
WATER SHORTAGE CONTINGENCY PLAN
INTRODUCTION
This report is a required amendment to the Urban Water Management Plan
(UWMP) which was prepared by the City of Tustin Water Service (TWS), and was
adopted by the City Council of the City of Tustin on March 4, 1991 by Resolution
No. 91-27 (a copy is included in the Appendix). It was submitted to the State of
California Department of Water Resources (DWR) on March 6, 1991 in response
to AB -797.
This document has been prepared in accordance with California State
Legislature Assembly Bill 11 (AB -11) which amends Sections 10620, 10621,
10631, and 10652 of the Water Code, and adds Section 10656 (a copy of AB -11
is included in the Appendix). California Water Code Sections 10610 through
10656, known as the Urban Water Management Planning Act (Act), became
effective on January 1, 1984. The Act (known as AB -797) requires every urban
water supplier providing water for municipal purposes to more than 3,000
customers or supplying more that 3,000 acre-feet of water annually to prepare and
adopt an UWMP in accordance with prescribed requirements.
AB -11 amends AB -797 (or UWMP) to require every urban water supplier,
whether serving water directly or indirectly to customers, to prepare, adopt, and
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submit to DWR a Water Shortage Contingency Plan (Plan). The nine specific
elements required by AB -11 are:
1. Past, current, and projected water use, and to the extent possible, a
breakdown of water use (residential, commercial, single-family, etc.)
2. An estimate of minimum supplies available at the end of 12, 24, and
36 months; assuming a worst case scenario (assume the years 1992,
1993, and 1994)
3. Stages of action that a supplier would undertake to deal with up to
a 50 percent shortage
4. Mandatory provisions to reduce water use
5. Consumption limits in the most restrictive stages
6. Penalties for excessive use
7. An analysis of the effects that these measures would have on
revenues and the measures that an agency would take to overcome
revenue shortages
8. A draft ordinance or resolution to carry out the drought plan
9. A mechanism for determining actual reductions in water use
-- This Plan will cover only those items required in AB -11 and will not review
in depth any information which can be found in the City's UWMP. Reference is
also made to urban water shortage contingency plans prepared by the Municipal
Water District of Orange County (MWDOC) and the Metropolitan Water District of
Southern California (MWD). Copies of all City ordinances referred to herein can
be found in the Appendix.
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THE PLAN
This document begins with Section 10620(d)(2) and then follows with
Section 10621(e), which essentially is the Plan.
Sections 10631(a -d) of the Act were addressed in the City's UWMP and
therefore been omitted from this Plan.
Section 10620(d)(2) of the Act requires: "Each urban water supplier shall
coordinate the preparation of its urban water shortage contingency plan with other
urban water suppliers and public agencies in the area, to the extent practicable."
TWS has coordinated its Plan through information obtained from both the
MWD and the MWDOC Water Shortage Contingency Plans, and from information
contained in the Orange County Water District (OCWD) Groundwater Management
Plan.
Section 10631(e) of the Water Code is amended to read:
(e) Provide an urban water shortage contingency plan which includes all
of the following elements which are within the authority of the urban
water supplier:
(1) Past, current, and projected water use and, to the extent records are
available, a breakdown of those uses on the basis of residential single
family, residential multifamily, industrial, commercial, governmental,
and agricultural use.
This section has been covered in Chapter 2 of the City's UWMP and in
Chapter II of the MWD and in the MWDOC plans.
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Section 10631(e)(2) of the Act requires: "An estimate of the minimum
water supply available at the end of 12, 24, and 36 months, assuming the worst
case water supply shortages."
TWS receives approximately 30 percent of its water supply from MWD
through East Orange County Water District (EOCWD) import connections.
Assuming a worst case supply shortage scenario, this amount of water would not
be available.
TWS has interconnections with other local water agencies (see Chapter 7
of the UWMP). These interconnections are intended for use in short-term local
emergencies, such as pipeline breaks or well failures. It is not likely that a
significant amount of water could be obtained from them in times of severe
drought.
In order to maintain an adequate water supply for the health and welfare of
its customers, TWS would request the City Council to invoke the City's Water
Management Program, Ordinance No. 1060, adopted by the City Council of the
City of Tustin on March 18, 1991. Depending on seasonal demand considerations,
one of the four stages of the ordinance would be implemented. It has been
estimated that Stages 1 through 4 could reduce the TWS water demand between
10 and 50 percent.
TWS is currently working towards independence from import water. With
the addition of a proposed groundwater desalter which will recover the supply from
3 inactive wells, and two proposed new wells, TWS will be able to supply nearly
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100% of its. demands from the local groundwater supply. This approach is
supported by the OCWD, which manages the local groundwater basin. The
following charts illustrate current and future TWS water production along with
average and maximum day water demand projections.
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OURRENT PRODUCTION ':
DAILY
FACILITY
PRODUCTION
DESCRIPTION
7.7 MG
Existing Wells
2.3 MG
Main St. Plant
IF10.0 MG
TOTAL
DAILY
FACILITY
PRODUCTION
DESCRIPTION
2.7 MG
17th Street Plant
5.0 MG
2 High Production Wells
7.7 MG
TOTAL
MG = million gallons
The following average day demand projections were obtained from the
Water System Storage Evaluation Study prepared for TWS by Daniel Boyle
Engineering, Inc. on October 19, 1990. The maximum day demand projections
were derived using duty factors obtained from the Tustin Water Service
Management Program - Phase II, prepared for TWS by Boyle Engineering
Corporation in March, 1984. There has not been significant growth in the service
area since preparation of the program, and the values are considered accurate.
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................................................................................... .
AVERAGE< DAY'DEMAND
YEAR
DEMAND
1990
12.7 MGD
2000
13.3 MGD
2010
14.0 MGD
_....__ .....__ ......_..........._.........._......................................
...........................................................................................................I...........
......................................................................................................................
............................................................................................... ................
......................................................................................................................
WAXIMUM DA iDEMAND:..
YEAR
DEMAND.
1990
21.6 MGD
2000
22.6 MGD
2010
23.8 MGD
MGD = million gallons per day
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Total future groundwater production will reach approximately 17.7 MGD
within 2 to 3 years. Although it appears that current and future maximum day
demands will not be supplied, reservoir storage facilities are planned which will
provide the necessary additional supply in times of peak demand.
TWS will not place any new facilities into service within 12 months (by
January, 1993), therefore Ordinance No. 1060 would be invoked in times of
extreme shortage.
Within 24 months (January, 1994) it is anticipated that supply from at least
1 new well will be available, and Ordinance No. 1063, or the less restrictive stages
of Ordinance No. 1060 will result in adequate reductions in use.
It is anticipated that within 36 months (January, 1995), with planned
improvements in place, it is unlikely that shortages will exist within the TWS
system.
Section 10631(e)(3) of the Act requires: "Stages of action to be undertaken
by the urban water supplier in response to water supply shortages, including up
to a 50 percent reduction in water supply, and an outline of specific water supply
conditions which are applicable to each stage."
The City's Ordinance No. 1060 delineates the stages of action that will be
taken if up to a 50 percent reduction in water supply occurs. Ordinance No. 1063,
which established a Mandatory Water Conservation and Rationing Program to
reduce consumption by 15 percent, was adopted by City Council on April 1, 1991
and remains in effect.
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The MWD Plan in Chapter IV, and MWDOC, have also outlined stages of
action in their water shortage contingency plans.
Section 10631(e)(4) of the Act requires: "Mandatory provisions to reduce
water use which include prohibitions against specific wasteful practices, such as
gutter flooding."
Mandatory provisions to reduce water use have been outlined in detail in the
City's Ordinance No. 1060, and in the MWD and the MWDOC Water Shortage
Contingency Plans.
Section 10631(e)(5) of the Act requires: "Consumption limits in the most
restrictive stages. Each urban water supplier may use any type of consumption
limit in its water shortage contingency plan that would reduce water use and is
appropriate for its area. Examples of consumption limits that may be used include,
but are not limited to, percentage reductions in water allotments, per capita
allocations, an increasing block rate schedule for high usage of water with
incentives for conservation, or restrictions on specific uses."
Stage VI of the MWDOC Incremental Interruption and Conservation Plan
(IICP) requires a 50 percent reduction in imported water usage by TWS.
TWS projects that even with the loss of half of its import supply, it can
meet the demands of its customers provided Ordinances Nos. 1060 and 1063
remain in place. Ordinance No. 1063 calls for a mandatory 15 percent reduction
of water supplied to its customers. A chart noting consumption limits is also
included. Should additional reduction in the water supply become necessary, the
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TWS would request that the City Council invoke the most appropriate stage of
Ordinance No. 1060.
Section 10631(e)(6) of the Act requires: "Penalties or charges for excessive
use."
--- Additional charges and penalties are outlined in the Citys' Ordinance Nos.
1060 and 1063, and in the MWD and the MWDOC Water Shortage Contingency
Plans.
Section 10631(e)(7) of the Act requires: "An analysis of the impacts of the
plan on the revenues and expenditures of the urban water supplier, and proposed
measures to overcome those impacts, such as the development of reserves and
rate adjustments."
The water rate is a combination of fixed rates and water usage charge. The
fixed portion of the rate, which is comprised of customer service, meter demand,
debt service, and multiple dwelling unit charges, is designed to recover fixed
operating costs and 75% of funding for the Capital Improvement Program. The
water usage charge is designed to recover the costs of purchasing/producing water
and 25% of funding for the Capital Improvement Program. The probable response
to a 50% water shortage would be to reduce or defer capital spending.
Section 10631(e)(8) of the Act requires: "A draft water shortage
contingency resolution or ordinance to carry out the urban water shortage
contingency plan."
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A draft water shortage contingency plan Resolution No. 92-15 and
Certification for said resolution is included in the Appendix of this Plan.
Section 10631(e)(9) of the Act requires: "A mechanism for determining
actual reduction in water use pursuant to the urban water shortage contingency
plan."
TWS maintains monthly water production statistics by source. It utilizes
this information to monitor its water conservation program. Samples of reports
have been included in the Appendix for your reference.
Section 10631(f) of the Act requires: "To the extent feasible, describe the
method which will be used to evaluate the effectiveness of each conservation
measure implemented under the plan."
The TWS will use the data as specified in Section 10631(e)(9) to evaluate
the effectiveness of each element of its water conservation plan.
Section 10631(g) of the Act requires: "Describe the steps which would be
necessary to implement any proposed actions in the plan."
The steps necessary are outlined in Ordinance Nos. 1060 and 1063, and in
Resolution No. 92-15.
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APPENDIX
CITY OF TUSTIN
WATER SHORTAGE CONTINGENCY PLAN
GENERAL INFORMATION
This plan was prepared by:
City of Tustin Water Service
15222 Del Amo
Tustin, California 92680
(714) 573-3375
Fax (714) 838-0039
For information concerning this plan contact:
City of Tustin Water Service
Gary Veeh, Water Service Manager, (714) 573-3381
Michael Martin, Water Services Engineer, (714) 573-3380
For water conservation information contact:
City of Tustin Finance Department, Water Billing
Irma Hernandez, Administrative Assistant, (714) 544-8890, Ext. 262
OFFICIAL NOTICE
OF
PUBLIC HEARING
TUSTIN CITY COUNCIL
OFFICIAL NOTICE OF PUBLIC HEARING
CITY OF TUSTIN
Notice is hereby given that the City Council of the City of Tustin, California, will
conduct a public hearing on February 3, 1992 at 7:00 p.m. in the Council
Chambers, 300 Centennial Way, Tustin, California to consider the following:
Tustin Water Shortage Contingency Plan
A plan required by Assembly Bill No. 11 ("AB -11 ") approved by the Governor
on October 13, 1991. AB -1 1 amends certain sections of the Urban Water
Management Plan (AB -797), which the City Council adopted on March 4, 1991.
AB -11 requires that every urban water supplier providing municipal water
directly or indirectly to more than 3,000 customers or supplying more than
3,000 acre-feet of water annually, prepare and adopt in accordance with
prescribed requirements, a Water Shortage Contingency Plan containing
prescribed elements, and requires the plan be filed with the California
Department of Water Resources.
Information relative to this item is on file in the Public Works Department and
is available for public inspection. at City Hall. Anyone interested in the
information above may call the Public Works Department at (714) 544-8890,
ext 280.
Mary E. Wynn
City Clerk
Publish: January 23, 1992 &
January 30, 1992
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DRAFT
RESOLUTION NO. 92-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN WATER
SHORTAGE CONTINGENCY PLAN
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the CITY COUNCIL of the CITY OF TUSTIN, CALIFORNIA ("City"),
has heretofore undertaken proceedings to review the Tustin Water Shortage
Contingency Plan ("Plan") pursuant to Assembly Bill No. 11 ("ABanld") of the
State of California approved by the Governor October 139 1991; ,
WHEREAS, said Plan is an amendment to the Urban Water Management Plan
(AB -797), adopted by City Council on March 4, 1991 by Resolution No. 91-27;
and,
WHEREAS, said Plan was prepared in accordance with AB -11; and,
WHEREAS, said proceedings provide for the adoption of the said Plan
consisting of water shortage/conservation elements; and,
WHEREAS, a public hearing was duly called, noticed and held on said
Plan on February 3, 1992 pursuant to AB -11.
NOW, THEREFORE, it is hereby resolved as follows:
Section 1. That the above recitals are all true and correct.
Section 2. That it is hereby ordered that said Plan be filed with the
State of California Department of Water Resources.
Section 3. The City Manager is hereby authorized to declare a Water
Shortage Emergency, should such an emergency exist, and implement this Plan.
Section 4. The City Manager shall make recommendations to the City
Council regarding additional procedures, rules, and regulations to carry out
effective and equitable allocation of water resources during a water
shortage.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 3rd day of February, 1992.
Mary E. Wynn, City Clerk
Charles uc ett, Mayor
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Resolution 92 Page 2
DRAFT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 92-15
Mary E. Wynn, City Clerk and ex -officio Clerk of the City Council of the 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 Resolution
was duly and regularly passed and adopted at a regular meeting of the City
Council held on the 3rd day of February, 1992 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT.:
Mary E. Wynn, City Clerk
ORDINANCES/RESOLUTIONS
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ORDINANCE NO. 1060
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND
ADOPTING A WATER MANAGEMENT PROGRAM
The City Council of the City of Tustin does -hereby ordain as follows:
SECTION 1. Declaration of Policy. California Water Code
Sections 375 et seq. permit public entities which supply water at
retail to adopt and enforce a water conservation program to reduce the
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
Tustin hereby establishes a comprehensive water conservation program
pursuant to California Water Code Sections 375 et seq., based upon the
need to conserve water supplies and to avoid or minimize the effects of
any future shortage.
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
or more of the following:
(A) A general water supply shortage due to limited supplies.
(B) Distribution or storage facilities of the Metropolitan Water
District of Southern California, the Municipal Water District
of Orange County, the East Orange County Water District, or
the City of Tustin become inadequate.
(C) A major failure of the supply, storage and distribution
facilities of the Metropolitan Water District of Southern
California, the Municipal Water District of Orange County,
the East Orange County -Water District, or of the City of
Tustin occurs.
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
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
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 15.269(c).
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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.
(B) 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.
1. 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.
2: Water shall not be used to wash down streets, gutters,
sidewalks, driveways, parking areas, tennis courts,
patios, pool decks, or other paved areas, except to
alleviate immediate fire or sanitation hazards.
3. Washing of autos, trucks, mobile homes, buses,
trailers, boats, airplanes and other types of mobile
equipment shall be done with a hand-held bucket or a
hand-held hose equipped with a positive shut-off nozzle
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Ordinance No -1060, Page 3
for quick rinses. Washing is permitted at any time on
the immediate premises of a commercial car wash.
Further, such washing is exempted from these
regulations where health, safety and welfare of the
public is contingent upon frequent vehicle cleaning such
as garbage trucks and vehicles used to transport food
and perishables.
4. Watering parks, school grounds, public facilities, and
recreational fields is not permitted between the hours
of 10:00 a.m. and 4:00 p.m.
5. Restaurants shall not serve water to their customers
except when specifically requested.
6. The operation of any ornamental fountain or similar
structure is prohibited unless reclaimed water is used.
7. Agriculture users and commercial nurseries as defined
in the Metropolitan Water District Code are exempt
from STAGE 2 irrigation restrictions, but will be
required to curtail all non-essential water use.
(C) STAGE 3 - MANDATORY COMPLIANCE - WATER WARNING. STAGE
3 applies during periods when the City will not be able to
meet all the water demands of its customers. During STAGE
3, the following water conservation measures shall apply
except when reclaimed or recycled water is used. .
1. Lawn watering and landscape. irrigation, including
construction meter irrigation, is permitted only on
designated irrigation days and only between the hours
of 6:00 p.m. and 6:00 a.m. A "designated irrigation
day" is determined *by the last digit in the street
address. Properties with addresses ending in an even
number may use water on even numbered days and addresses
ending with an odd number may use water on odd numbered
days.
2. Water shall not be used to wash down streets, gutters,
sidewalks; driveways, parking areas, tennis courts,
patios, pool decks, or other paved areas, except to
alleviate immediate fire or sanitation hazards.
3. Washing of autos, trucks, mobile homes, buses, trailers,
boats, airplanes and other types of mobile equipment is
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
in volume by 20%. Further, such washings are exempted
from these regulations where the health, safety and
welfare of the public, is contingent upon frequent
vehicle cleaning such as garbage trucks and vehicles
used to transport food and perishables.
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Ordinance No. `160, Page 4
4. Watering parks, school grounds, public facilities, and
recreational fields is permitted only after 6:00 p.m.
and before 6:00 a.m.
5. The use of water from fire hydrants shall be limited to
fire fighting and related activities, or other
activities necessary to maintain the health, safety and
welfare of the public.
6. Agricultural users and commercial nurseries shall use
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. The operation of any ornamental fountain or similar
structure is prohibited.
9. All water leaks shall be repaired immediately.
10. Construction water shall not be used for earthwork or
road construction purposes unless authorized as a
mitigation or erosion control, compaction or backfilling
earthwork or as required by the Air Quality Management
Plan (AQMP) Control Measure F-4.
11. Exceptions: The prohibited uses of water are not
applicable to that use of water necessary for publ-ic
health and safety or for essential governmental services
such as police, fire and other similar emergency
services.
(D) STAGE 4 - MANDATORY COMPLIANCE - WATER EMERGENCY. STAGE 4
applies when a major failure of any supply or distribution
facility, whether temporary or permanent, occurs in the water
distribution system of the State Water Project, Metropolitan
Water District of Southern California, Municipal Water
District of Orange County, East Orange County Water District
or City facilities. During STAGE 4, the following water
conservation measures shall apply except when reclaimed or
recycled water is used:
1. All outdoor irrigation of vegetation is prohibited.
2. Water shall not be used to wash down streets, gutters,
sidewalks, driveways, parking areas, tennis courts,
patios, pool decks, or other paved areas, except to
alleviate immediate fire or sanitation hazards.
3. Washing of autos, trucks, mobile homes, buses, trailers,
boats, airplanes and other types of mobile equipment is
prohibited. Washing is permitted at any time upon the
immediate premises of a commercial car wash. The use of
water by all types of commercial car washes shall be
reduced in volume by 50%. Further, such washings are
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Ordinance No- `160, Page 5
exempted from these regulations where the health,
safety and welfare of the public is contingent upon
frequent vehicle cleaning such as garbage trucks and
vehicles used to.transport food and perishables.
4. Filling, refilling or adding of water to swimming pools,
spas, ponds and artificial lakes is prohibited.
5. Watering of parks, school grounds, public facilities and
recreation fields is prohibited with the exception of
plant materials classified to be rare, exceptionally
valuable, or essential to the well being of rare
animals.
6. The use of water from fire hydrants shall be limited to
fire fighting or related activities necessary to
maintain the health, safety and welfare of the public.
7. Use of water for agricultural or commercial nursery
purposes,. except for livestock watering, is prohibited.
8. Restaurants shall not serve water to their customers
except when specifically requested.
9. The operation of any ornamental fountain or similar
structure is prohibited.
10. New construction meters or permits for unmetered service
will not be issued. Construction water shall not be
used for earth work or road construction purposes.
11. The use of water for commercial, ' manufacturing or
processing purposes shall be reduced in volume by 50%.
12. No water shall be used for air conditioning purposes.
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
health and safety or for -essential governmental services
such as police, fire and other similar emergency
services..
SECTION 7. Mandatory Conservation Phase Imalementation. The
City shall monitor the projected supply and demand for water by its
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
order that the appropriate stage of water conservation be implemented or
terminated in accordance with the applicable provision of this Ordinance.
The declaration of any stage beyond STAGE 1 shall be made by public
announcement and notice shall be published a minimum of three (3)
consecutive times in a newspaper of general circulation. The stage
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Ordinance No.. 1;060, Page 6
designated shall become effective immediately upon announcement. The
declaration of any stage beyond STAGE 1 shall be reported to the City
Council at its next regular meeting. The City Council shall thereupon
ratify the declaration, rescind the declaration, or direct the declaration
.of a different stage.
SECTION 8. FAILURE TO COMPLY.
(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
to be given to each violator..
(6) Following a declaration of a Stage 2 condition as provided
herein, citations shall be issued to violators. The first
violation by any violator shall subject the violator to a fine
of Twenty -Five dollars ($25.00). Upon a second violation, the
violator shall be subject to a fine of Thirty -Five dollars
($35.00). Upon a third violation, the violator shall be
subject to a fine of Forty -Five dollars ($45.00). Upon a
fourth violation, the violator shall be subject to a fine of
Fifty -Five dollars ($55.00).
(C) For the fifth violation, the City may install a flow
restricting device in the customer's water service line for a
period not less than 48 hours and until the customer satisfies
the City that the failure to comply will not continue. The
charge for installing and removing the flow restricting device
shall be $65.00 and shall be paid by the customer prior to
.removal.
(D) For the sixth and each subsequent violation, the City may
discontinue water service for a period of not less than 24
hours and until the customer satisfies the City that the
failure to comply will not continue. The customer shall pay
$70.00 for restoration of water service.
SECTION 9. Appeal Procedure. A customer shall have the right to
appeal by filing a written request for appeal within five days with the
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
designee shall be the final appeal body on all decisions.
SECTION 10. Severability. If any section, sub -section, clause
or phrase in this Water Conservation Ordinance or the application thereof
to any person or circumstances is for any reason held invalid, the
validity of the remainder of the Conservation Ordinance or the application
of such provisions to other persons or circumstances shall not be
affected.
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Ordinance No. 1060, Page 7
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 18th day of March 1991.
RICHARD ayor
N, C ity er
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1060
MARY E WYNN, City Clerk and ex -officio Clerk of the City Council of the
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
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
its second reading and du -1y passed and adopted at a meeting of the City
Council held on the 18th day of March ,1991, by the following
roll call vote:
COUNCILMEMBER AYES: 'Edgar, Puckett, Pontious, Potts, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Mary ynCity Itk
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ORDINANCE NO. 1063
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING -A MANDATORY..WATER CONSERVATION. -
AND RATIONING PROGRAM
The City Council of the City of Tustin does hereby ordain as
follows:
SECTION 1. Water Consumption Reduction.
A.' Findings. The City Council hereby finds and determines
as follows: the State of California is entering the fifth year of
an unprecedented drought; water levels at many reservoirs are at an
all time low; deliveries of water to the Southern California region
from the State Water Project, Colorado River, Owens Valley and Mono
County have declined due to the lack of rainfall and litigation
regarding entitlement; the Metropolitan Water District of Southern
California (MWD) is the supplier of thirty percent (30%) of the
water supplied to the Tustin Water Service and MWD has reduced the
City's allocation of water by thirty percent (30%) as of March 1,
1991 and advised that it will charge the City a premium of at least
•Three Hundred Ninety -Four Dollars ($394) per acre foot for delivery
of water in excess of new allocation. levels; the Mandatory
Conservation Rate on the effective date of this ordinance is a
collective fifteen percent (15%); this Conservation Rate
corresponds with the recent decision of MWD to allocate only
seventy percent (700) of the water used -by the City during
comparable periods in 'the past; the failure -of Tustin Water Service
consumers to collectively reduce water consumption may lead to even
more drastic cutbacks in allocations, deliveries, and costs; the
failure to reduce water consumption and a continuation of the
drought may, in the long term, result in the inability of -the City
to supply water at or above minimum levels required for health and
sanitation; this ordinance will promote reductions in water
consumption and permit recovery of additional costs incurred with
the purchase of water and the administration of water conservation
measures.
B. Definitions.
1. "Billing Period" means the time interval between two
consecutive water meter readings taken •for billing purposes and
will average sixty (60) days.
2. "Billing Unit" means one hundred (100) cubic feet of
water (748 gallons).
3. "MWD" shall mean The Metropolitan Water District of
Southern California.
JGR: jab: R6:3-28-91(occ1063.jab)
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Ordinance No, i63, Page 2
4. "Allowable Water Usage" means the amount of water
delivered to a customer's premises which does not exceed -the
.maximum. amount established pursuant to •this ordinance and -by
resolutions of the City Council made from time to time pursuant to
the provisions of this ordinance.
5. "Customer" means each person or entity who has
contracted for water service from the City of Tustin.
6. "Penalty Amount" shall mean the additional charge,
expressed in terms of cost per Billing Unit, imposed on water
consumption in excess of the Allowable Water Usage.
7. "Water" means potable water and does not include
reclaimed water.
C. Customer Responsibility. Each customer of the Tustin
Water Service shall be responsible for the use and misuse of all
water pipes and facilities connected to the meter or -meters which
measure the amount of - water for which the customer* is obligated to
pay the City of Tustin.
D. Water Usage Limitation. All customers shall make all
reasonable efforts to not receive, use, consume or•permit to be
delivered to the premises for which the customer. contracted -with
the City for service, water in an amount in excess. of the Allowable
Water Usage. The Allowable Water Usage shall be as set forth
.below, effective at 12:01 a.m. on April 22, 1991:
Summer Winter
Allotment Gallons- Allotment Gallons
Water User May - Oct. Per Day Nov. - April Per Day
•Single Family 48 units * 598 30 units 374
Residential Dwelling
Multi -Family unit
18
units
224
16
units
200
(including condominium unit)
Commercial business.
138
units
1720
105
units
1309
Industrial business
278
units
3466
138
units
1720
Non -Profit establishment
186
units
2319
109
units
1359
(including church, boys
and girls club, etc.)
Government unit
675
units
8415
235
units
2930
(including school districts,
City, State)
Landscape
161
units
2007
98
units
1221
(multi -family developments
(including condominiums)
served by Green Meter)
* 1 unit equal 100 cubic feet and equals 748 gallons
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Ordinance No. 63, Page 3
For purposes of this subsection, measurements of water
consumption falling between full Billing Units shall be rounded up
to the next full Billing. -Unit.
E. Additional Charges and Penalties. In the event a
customer fails to comply with prescribed water usage limitations,
an additional charge of ninety cents ($0.90) shall be imposed on
each Billing Unit received over and above the Allowable Water
Usage. If two consecutive billing periods show water usage
exceeding the Allowable Water Usage, an additional surcharge of
twenty-five percent (25%) of the total amount of the bill
(including the additional ninety cents ($0.90) per Billing Unit
prescribed above) will be imposed. After the third consecutive
billing period where water usage exceeds the Allowable Water Usage
a surcharge of fifty percent (50%) of the total bill (including the
additional ninety cents ($0.90) per Billing. Unit prescribed above)
will be imposed. For consecutive billing periods, four or more of
which exceed the Allowable Water Usage, the City may install a flow
restricting device to reduce the amount of water supplied to the
customer and a surcharge of seventy -f ive percent (75%). of the total
charge shall be imposed will be'added to the total bill. (including
the additional ninety cents ($0.90) per Billing. Unit prescribed
above) for all periods exceeding the allowable usage. The device
shall not be removed until such time as the customer- has provided
proof satisfactory to the City that the customer will not exceed
the Allowable Water.Usage. A fee of Fifty Dollars ($50) shall be
charged for installing the flow restricting -device. Penalties
shall appear on the first billing statement for. that account
immediately after the Billing Period in which the excess water
usage occurred. The penalty shall be paid at the same time as -the
payment for normal water service. • Failure to pay the entire amount
due shall incur the same penalties as those imposed for failure to
pay for normal water service.
• Any excess revenues received by. the City .from the
additional charges and penalties prescribed in this ordinance
greater. than. the additional charges and penalties paid by the City
to the MWD, shall be used by the City solely for capital
improvement costs of water facilities.
F. Chancres in Allowable Water Usage, Charges, Penalties,
etc. The City Council may by resolution adopted from time to time
set, revise, increase or decrease the Allowable Water Usage and the
charges, surcharges and penalties as deemed necessary. to
accommodate water allocations, charges and penalties imposed by MWD
and other factors affecting the supply and cost of water to the
City of Tustin. Such resolutions shall become effective as
specified in such resolutions and shall within ten (10) days of
their adoption be published in a newspaper of general circulation,
printed, published and circulated in the City of Tustin.
G. New Customers. The water billing section shall notify
new customers of their Allowable Water Usage rate, charges,
Ordinance No. 3, Page 4
1
2 penalties, etc., at the time application is made for new water
service.
3
H. Adjustments. The City Manager or designee upon
4 application by a customer for relief, shall have the authority to
modify the billing to a customer if the City Manager or designee
5 determines that strict application of the provisions of this
ordinance would create undue hardship to, or result in inequitable
6 treatment of, the customer.
7 I. Relief from Compliance.
1. A customer may file an application for relief from
8 the water usage reduction requirements of this ordinance. The
application shall be on -a form provided by the City and shall
9 specify the basis for the request •for relief. The application
shall be filed with the City.Manager or designee, An application
10 seeking relief relative to a previously billed amount shall be
filed within fifteen (15 ) days after the date on which - the water
11 bill was mailed to -the customer. In determining whether to grant
relief and the nature .of any relief, the City Manager or designee
12 may consider the following:
13 (a) Whether mandated reduction in water usage will
result in unemployment; '
14
(b) Whether a larger number of persons than average
15 reside or are employed on the premises;
16 (c) Whether a commercial or industrial user has
previously undertaken extensive water conservation activities and
17 an additional reduction in allowable water usage would be a
hardship;
18 -
(d) Whether specific health or safety
19 considerations are present that require the use of .water in excess
of the Allowable Water Usage.
20
2. No relief shall be granted to any customer in the
21 absence of a showing that the customer has achieved the maximum
practical reduction in water consumption aside from those factors
22 which would otherwise warrant an adjustment. No relief shall be
granted to any customer who fails to provide the City Manager or
23 designee with requested information relevant to a determination of
the adequacy of the grounds of relief or a finding that maximum
24 practical reduction and consumption has been achieved.*
25 3. The decision of the City Manager or designee shall
be made after all material has been reviewed.
26
4. The City Manager or designee will make a
27 determination no later than fourteen (14) days after the appeal -is
received. If an appeal is decided in full or partial favor of the
28 customer, an immediate adjustment will be made to the customer's
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Ordinance No. ,63, Page 5
account. If the appeal is rejected, customer must pay the bill in
full within five (5) business days to avoid service interruption.
Provided, however, if - the customer files an -appeal with the Water
Appeals Board, to be appointed, by the City Council, payment need
not be made until five (5) business days following decision of the
Board. Appeals of decisions of the Water Appeals Board may be made
to the City Council, provided, however, the customer must first
make a deposit with the City of seventy-five percent (75%) of the
disputed bill to avoid service interruption.
u J. Confirmation. A customer shall have the right to request
confirmation of the amount of water used during a Billing Period
for which the customer has been billed.
K. Irrigation. Where an improperly maintained irrigation
system results in a waste of water., e.g., causes excessive runoff,
the City Manager or designee shall have the ,authority to
discontinue water service. Notice of the termination of service
shall be given by posting notice of • the decision on the meter which
measures.water flowing through -the system and by mailing written
notice of -the decision to the customer within twenty-four (24)
hours after service was terminated. The customer shall -have the
right to appeal the decision to •terminate service by filing a
written request for hearing with the City Manager- or designee
within fifteen (15) days after the date on which notice -was mailed.
Appeals of the decision of the City Manager or designee may be made
to the Water Appeals Board and thereafter to the City Council.
SECTION 2. The City Council finds and declares that adoption
of this ordinance as an emergency measure is necessary to preserve
the public peace, health, and safety in that: '
A. California is currently experiencing a drought of
unprecedented magnitude with current water reserves throughout the
State far below normal.
B. The City has initiated a voluntary water conservation
program, but the program has not achieved the desired results.
C. Metropolitan Water District, the supplier of imported
water to the City of Tustin, has announced its intention to reduce
the amount of water delivered to the City and to impose a surcharge
on all water sold to the City in excess of new allocation levels.
The surcharge and reduced allocation levels were effective on
February 1, 1991 and compliance with MWD directives cannot be
achieved other than through the adoption of an emergency ordinance.
D. The imposition of penalties on excess consumption of
water will reduce water usage and allow the City to recover the
additional costs it incurs relative to the purchase of water from-
MWD.
rom-
MWD.
Ordinance No. 63, Page 6
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2 E. Failure to achieve a fifteen percent (15%) reduction in
water consumption will reduce available water supplies, lead to
3 further MWD mandated reductions,• and require imposition. of more
stringent restrictions on water use in the future. In the long
4 term, the failure to conserve water combined with continued drought
could lead to the inability of the City to provide water in amounts
5 necessary for health and sanitation.
6 SECTION 3. Effective Date and Publication. This ordinance
shall be effective immediately upon its adoption by a majority of
7 the members of the City Council pursuant to Water Code Section 375.
The City Clerk is hereby directed to cause this ordinance to be
8 published-pursuant to Government Code Section 6061 within ten (10)
days of its adoption in a newspaper of general circulation,
9 printed, published and circulated in the City of Tustin.
10 SECTION 4. Severability.. The City Council of the City of
Tustin hereby declares that should any section, paragraph, sentence-
11 or word of this ordinance be declared, for any reason,' -to be
invalid, it is the intent of the Council that it .would have passed
12 all other .portions of this ordinance independent of-the portion
declared invalid.
13
SECTION 5. Savings Clause. Neither the adoption of this
14 ordinance nor the repeal of any other ordinance of the City shall,
in any manner, affect the prosecution for violations of ordinances
15 committed prior to the effective date of the-adoption or . repeal,
nor be construed as a waiver of-any of the penalty or penal
16 provisions applicable to such violation. The provisions'of this
ordinance,. to the extent they are substantially the same as
17 ordinances previously adopted by the City and relating to the same
subject matter, shall be construed. as restatements and
18 continuations, and not as new enactments.
19 PASSED AND APPROVED by the City Council of the City of.Tustin
at a regular meeting held on the 1st day of April ,
20 1991.
21 44Vt,/ A:
ICHARD B. EDGAR, yor
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BY E. WYNN, City Clerk
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1063
Mary E. Wynn, City Clerk and ex -officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1063 was duly and
regularly introduced, read, passed and adopted as an urgency ordinance
at a regular meeting held on the 1st day of April, -1991, by the
following vote:
COUNCILMEMBER AYES: Edgar, Puckett,-Pontious, Potts
COUNCILMEMBER NOES: None "
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Prescott
V
Valerie Whiteman.for
Mary -Wynn, City Clerk
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RESOLUTION NO. 91-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN URBAN WATER
MANAGEMENT PLAN
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the CITY COUNCIL of the CITY OF TUSTIN, CALIFORNIA ("City"),
has heretofore undertaken proceedings to review the Tustin Urban Water
Management Plan ("Plan") pursuant to Assembly Bill No. 797 ("AB -797") of the
State of California approved by the Governor September 21, 1983; and,
WHEREAS, said Plan was prepared in accordance with AB -797; and,
WHEREAS, said proceedings provide for the adoption of the said Plan
consisting of water conservation elements; and,
WHEREAS, a public hearing was duly called, noticed and held on said
Plan on March 4, 1991 pursuant to AB -797.
NOW, THEREFORE, it is hereby resolved as follows:
Section 1. That the above recitals are all true and correct.
Section 2. That it is hereby ordered that said Plan be filed with the
State of California Department of Water Resources.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 4th day of March, 1991.
Mary E. Jnn, City er
4d"l /; &,
Richard B. Edgar, Ma/Ir
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 91-27
MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
_ number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Resolution No. 91-27 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 4th day of March, 1991 by the following vote:
COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Mary E. nn, Ci Clerk
SAMPLE
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a
ASSEMBLY BILL NO. 11
Assembly Bill No. 11
Passed the Assembly September 13, 1991
Chief ClerSk "of the Assembly
Passed the Senate September 11, 1991
41
Secretary of the Senate
This bill was received by the Governor this 7 t
- day of T'''YYA �' �, 1991, at 1 ��% o'clock M.
Private S cretary o t e Gove nor
C 1 0
Ali 11 —2—
CHAPTER
An act to amend Sections 10620, 10621, 10631, and 10652
of, and to add Section 10656 to, the Water Code, relating
to water.
LEGISLATIVE COUNSEL'S DIGFEST
AB 11, Filante. Urban water management plans.
(1) Existing law requires every urban water supplier
serving water directly to customers to, not later than
December 31, 1985, prepare and adopt an urban "-ater
management plan. Existing lave authorizes an urban
water supplier indirectly providing water to customers to
adopt an urban water management plan or to participate +
in urban water management planning. ;
This bill would, instead, require' every urban water
supplier, whether serving water directly or indirectly to
customers, to prepare and adopt an urban water
management plan, as prescribed.
(2) Existing law requires the urban water
management nt plan to include a prescribed description of
water supply deficiencies.
This bill would delete that provision and would require
the urban water management plan to include an urban
water shortage contingency plan, as specified. The bill
would require each urban water supplier to coordinate.
the preparation of its urban water shortage contingency '
plan with other urban water suppliers and public
agencies in the area to the extent practicable. The bill
would require each urban water supplier, not later than
January 31, 1992, to prepare, adopt, and submit to the
Department of Water Resources an amendment to its
urban water management plan which meets the
s
requirements relating to the preparation of the urban
water shortage contingency plan. The bill would make an
urban water supplier that does not submit the
amendment by that date ineligible to receive drought ;
assistance from the state until the urban water
management plan is submitted, as prescribed.
(3) Existing law exempts the preparation and
0 95 90
3 AB 11
adoption of urban water management plans from the
California Environmental Quality Act.
This bill would exempt the implementation of urban
water shortage contingency plans from that act. The bill
would provide that the exemption provisions do not
exempt specified projects from the requirements of that
act.
The people of the State of California do enact as follows:
SECTION 1. Section 10620 of the Water Code is
amended to read:
10620. (a) Every urban water supplier shall prepare
and adopt an urban water management plan in the
manner set forth in Article 3 (commencing with Section
10640) ..
(b) Every person that becomes an urban water
supplier after December 31, 1984, shall adopt an urban
water management plan within one year after it has
become an urban water supplier.
(c) An urban water supplier indirectly providing
water shall not include planning elements in its water
management plan as provided in Article 2 (commencing
with Section 10630) that would be applicable to urban
water suppliers or public agencies directly providing
water, or to their customers, without the consent of those
suppliers or public agencies.
(d) (1) An urban water supplier may satisfy the
requirements of this part by participation in areawide,
regional, watershed, or basinwide urban water
management planning where those plans will reduce
preparation costs and contribute to the achievement of
conservation and efficient water use.
(2) Each urban water supplier shall coordinate the
preparation of its urban water shortage contingency plan
with other urban water suppliers and public agencies in
the area, to the extent practicable.
(e) The urban water supplier may prepare the plan
with its own staff, by contract, or in cooperation with
other governmental agencies.
SEC. 2. Section 10621 of the Water Code is amended
O 95 110
AB 11 —4
-
to read:
10621. (a) Each urban water supplier shall, not later
than January 31, 1992, prepare, adopt, and submit to the
department an amendment to its urban water t
management plan which meets the requirements of '
f
subdivision (e) of Section 10631.
(b) Each urban water supplier shall periodically
review its plan at least once every five years. After the
review, it shall make any amendments or changes to its
plan which are indicated by the review. Amendments or
changes in its plan shall be adopted and filed in the
manner set forth in Article 3 (commencing with Section
10640) .
SEC. 3. Section 10631 of the Water Code is amended f
to read: t
10631. A plan shall do all of the .following:
(a) Include an estimate of past, current, and projected
water use and, to the extent records are available,
segregate those uses between residential, industrial,
commercial, and governmental uses.
(b) Identify conservation measures currently adopted
and being practiced.
(c) Describe alternative conservation measures,
including, but notlimited to, consumer education,
metering, water saving fixtures and appliances, lawn and
garden irrigation techniques, and low water use
landscaping, which would improve the efficiency of
water use with an evaluation of their costs and their
environmental and other significant impacts.
(d) Provide a schedule of implementation for
proposed actions as indicated by the plan.
(e) Provide an urban water shortage contingency plan
which includes all of the following elements which are =
within the authority of the urban water supplier:
(1) Past, current, and projected water use and, to the
extent records are available a breakdown1
of those uses on
the basis of residential single family, residential `
multifamily, industrial, commercial, governmental, and
agricultural use.
(2) An estimate of the minimum water supply
available at the end of 12, 24, and 36 months, assuming the
0 95 130
-5— AB 11
worst case water supply shortages.
(3) Stages of action to be undertaken by the urban
water supplier in response to water supply shortages,
including up to a 50 percent reduction in water supply,
and an outline of specific water supply conditions
area applicable to each pp y ns which
r 4 pp stage.
l () Mandatory provisions to reduce water use which
include prohibitions against specific wastefulractice
such as gutter flooding. p s'
(5) Consumption limits in the most restrictive stages.
Each urban water supplier may use any type of
consumption limit in its water shortage contingency plan
that would reduce water use and is appropriate for its
area. Examples of consumption limits that may be used
include, but are not limited to, percentage reductions in
water allotments, per capita allocations, an increasing
block rate schedule for high usage of water
g er with
incentives for conservation, or restrictions on specific
uses. p
(6) Penalties or charges for excessive use.
(7) An analysis of the impacts of -the plan on the
revenues and expenditures of the urban water supplier,
and proposed measures to overcome those impacts, such
as the development of reserves and rate adjustments.
(8) A draft water shortage contingency resolution or
ordinance to carry out the urban water shortage
contingency plan. g
(9) A mechanism for determining actual reductions in
water use pursuant to the urban water shortage
contingency plan.
(f) To the extent feasible, describe the method which
will be used to evaluate the effectiveness of each
conservation measure implemented under the plan.
(g) Describe the steps which would be necessary to
implement any proposed actions in the plan.
SEC. 4. Section 10652 of the Water Code is amended
to read:
10652. The California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the
Public Resources Code) does not apply to the
preparation and adoption of plans pursuant to this part or
O
95 140
AB 11 --6
to the implementation of subdivision (e) of Section 10631.
Nothing in this part shall be interpreted as exempting
from the California Environmental Quality Act any
project that would significantly affect water supplies for
fish and wildlife, or any project for implementation of the
plan, other than projects implementing subdivision (e) of
Section 10631, or any project for expanded or additional
water supplies.
SEC. 5. Section 10656 is added to the Water Code, to
read: }
10656. An urban water supplier that does not submit
an amendment to its urban water management plan
pursuant to subdivision (a) of Section 10621 to the
department by January 31, 1992, is ineligible to receive
drought assistance from the state until the urban water
management plan is submitted. pursuant to Article 3
(commencing with Section 10640) of Chapter 3.
0 95 150
Approved , 1991
•
Governor
O
1s