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HomeMy WebLinkAboutNB 3 WTR MGMNT PROG 02-19-91NEW BUSINESS N0. 3 2-19-91 DATE: FEBRUARY 12, 1991 Inter - Com TO: WILLIAM HUSTON, CITY MANAGER _ . FROM: PUBLIC WORKS DEPARTMENT WATER OPERATIONS YVQI SUBJECT: ORDINANCE NO. 1060 19 19 ,s ADOPTING A WATER MANAGEMENT PROGRAM RECOMMENDATION: That the attached ordinance be distributed to City Council as information only at their regular meeting of February 19, 1991. BACKGROUND: California is entering a fifth consecutive year of drought. This condition, along with other adverse events, has begun to place limits on the State's water supply. In response to the current water shortage, and to the potential for serious shortages in the future, the Metropolitan Water District of Southern California (MWD) has adopted a five Staged program known as the Incremental Interruption and Conservation Program (IICP). This program establishes conservation objectives for local agencies ranging from a voluntary 10% reduction in purchases from MWD at Stage I, through a mandatory 20% reduction in purchases from MWD at Stage V. The conservation target objectives are based on local agencies' purchases from MWD during fiscal year 89/90. The MWD board declared Stage III (mandatory 10% reduction) effective February 1, 1991. Under the IICP, if an agency does not meet its conservation target, it is assessed a penalty of _ $394.00/acre foot over and above the normal rate of $244.00/acre foot. Conversely, if an agency achieves greater conservation than its target, it receives an incentive credit of $99.00/acre foot. The City of Tustin has the ability to produce about 70% of its supply from local wells. Conversely, we are dependent on imported (MWD) water for approximately 30 % of our supply. It is within the latter 30% that we have exposure to penalties. The groundwater basin under Tustin, which is managed by Orange County Water District, is in relatively good condition and we should be able to maintain groundwater production at 70% for the foreseeable future. The only disclaimer to this would be if unforseen malfunctions to our wells or reservoirs were to occur. ORDINANCE NO. 1060 - ADOPTING A WATER MANAGEMENT PROGRAM FEBRUARY 12, 1991 PAGE 2 An additional consideration is that the City's Nitrate Removal Plant was placed on line on March 16, 1990, nearly 3/4 of the way through the IICP base period. The plant is capable of producing 15-17% of the City's supply, and places the City in the fortunate position of not being penalized under Phase III or IV of the IICP. On February 12, 1991 MWD's Board of Directors voted to implement Phase V of the IICP, effective March 1, 1991. This phase requires a mandatory .20% monthly reduction based on imported water purchased in the Fiscal Year 1989/90. In May 1990, City Council passed Resolution No. 90-53 adopting a Voluntary Water Conservation Program with an objective of a 10% reduction in water use. At this time this goal has not been attained and we are achieving only 5-7% conservation. In order to meet the 10% conservation goal efforts have been undertaken by the various departments. Finance Water Billing 1. Water conservation publications are distributed. 2. Water conservation kits are given to customers on request (over 200 have been distributed to date) . 3. Water conservation messages are printed on bimonthly water bills. 4. Informational press releases have been sent out to 24 local news agencies and civic groups. 5. Restaurants have been provided with table tents and two posters each stated "Just Ask for Water". 6. Staff has developed and implemented outreach programs designed to identify high water consumption and to be responsive to broken sprinklers and water misuse when so advised by customers. If a resident calls in to report water misuse by a business a Customer Service Supervisor notifies the party of the problem and explains the need for water conservation. If a resident calls in reporting another resident, an informational packet is sent out which explains the need for conservation and contains water conservation tips, landscaping ideas, and a water conservation kit. 7. The State of California requires that an annual Water Quality Report be distributed to each customer by April 1 of each year. A water conservation packet will also be mailed out with this year's report. ORDINANCE NO. 1060 - ADOPTING A WATER MANAGEMENT PROGRAM FEBRUARY 12, 1991 PAGE 3 Community Development 1. Developers are being made aware of the need for planting drought resistant landscaping. Field Services 1. All irrigation systems for street median irrigation have been equipped with moisture sensors. 2. Irrigation of medians, parkways, and parks has been reduced. The impact of this is being closely monitored, both in terms of water use and general appearance of turf and shrub areas. 3. Water Operations continues to repair leaks in the public right-of-way on a high priority basis. 4. Water Operations staff continues to participate in regional agency planning meetings in order to remain abreast of State and local water issues. 5. Wells and appurtenant equipment are being closely monitored and are repaired on a high priority basis. 6. Staff is working with the Tustin Unified School District in providing assistance to their conservation program. 7. Field surveillance of water misuse is being reported to the City's Customer Service Section as well as to Irvine Ranch Water District which serves the East Tustin Area. 8. Conservation measures have been imposed on all City contractors using water for irrigation purposes. The proposed ordinance would give the City an additional tool with which to achieve greater conservation and would allow the City Manager, with Council ratification, the flexibility to adjust to any rapidly changing water supply situation. The ordinance is organized into four stages, ranging from Stage 1, Voluntary Compliance, to Stage 4, Water Emergency. The ordinance provides for penalties ranging from written warning through cutoff of service in cases of severe abuse. The ordinance also provides for imposition of a tiered rate structure in cases of water abuse. This will need to be further detailed and approved by Council prior to implementation, and once approved would require an additional 3 to 6 months to be installed in the current utility billing system. ORDINANCE NO. 1060 - ADOPTING A WATER MANAGEMENT PROGRAM FEBRUARY 12, 1991 PAGE 4 CONCLUSIONS: Staff anticipates substantial penalties as a result of MWD declaration of Stage V of the IICP. Staff will present projected water use and penalties to Council at their regularly scheduled meeting of March 4, 1991, at which time we propose to present this ordinance for first reading and information. Section 375 of the California Water Code requires that a public hearing be held on the proposed Ordinance No. 1060. We propose to publish the Notice of Public Hearing on February 21, 1991 in the Tustin News and hold the hearing on March 4, 1991 at the regularly scheduled City Council meeting, prior to introduction of the ordinance for first reading and information. Bob Leden ecker Director Public Works/City Engineer BL: PR: cc 62; cY�li Pablo Rodriguez Manager Field Services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. CEQA 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). 1 2 3 4 5 6 7 8 9 10 11 12I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No, 30, 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 will be penalized under the Metropolitan Water District of Southern California Incremental Interruption and Conservation Program. 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 Ordinance No, i0, Page 3 for quick rinses. Washing is permitted at any time on 1 the immediate premises of a commercial car wash. Further, such washing is exempted from these 2 regulations where health, safety and welfare of the public is contingent upon frequent vehicle cleaning such 3 as garbage trucks and vehicles used to transport food and perishables. 4 4. Watering parks, school grounds, public facilities, and 5 recreational fields is not permitted between the hours of 10:00 a.m. and 4:00 p.m. 6 5. Restaurants shall not serve water to their customers 7 except when specifically requested. 8 6. The operation of any ornamental fountain or similar structure is prohibited unless reclaimed water is used. 9 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 odd number may use water on odd numbered 19 days. 20 2. Water shall not be used to wash down streets, gutters, sidewalks, driveways, parking areas, tennis courts, 21 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 prohibited. Washing is permitted at any time on the 24 immediate premises of a commercial car wash. The use of water by all types of commercial car washes not using 25 partially reclaimed or recycled water shall be reduced in volume by 20%. Further, such washings are exempted 26 from these regulations where the health, safety and welfare of the public is contingent upon frequent 27 vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No, 10, 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 earth work or road construction purposes. 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 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 exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent 1 2 3 4 5 6 7 8 9 10 11 12! 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No; 0, Page 5 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 Implementation. 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 designated shall become effective immediately upon announcement. The declaration of any stage beyond STAGE 1 shall be reported to the City 1 2 3 4 5 6 7 8�1 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No 50, Page 6 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. Notice. Prior to enforcement, any person who is suspected of violating this Ordinance shall be given a written notice, with the description of the violation. Such person shall have 24 hours to correct such violation. SECTION 9. Failure to Comply. For the first failure to comply, the City of Tustin shall issue to the customer a written notice of the fact of such failure to comply. For the second failure to comply, when Stage 2 has been declared, the City of Tustin may implement a three tiered rate structure that would penalize excessive water usage. This rate structure shall be based on units of consumption standards established by the City Manager or his designee. For the second failure to comply, when Stage 3 or 4 have been declared. The City of Tustin may install, for a period not less than 48 hours and until the customer satisfies the City of Tustin that failure to comply will not continue, a flow restricting device in the customer's water service line. The charge for installing and removing the flow restricting device shall be $35.00 and shall be paid by the customer prior to removal. For the third or subsequent failure to comply with this Ordinance, the City of Tustin may discontinue water service for a period of not less than 24 hours and until the customer satisfies the City that failure to comply will not continue. The customer shall pay $70.00 for restoration of water service. SECTION 10. 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 decision of the City Manager or his designee shall be final. SECTION 11. 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. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the day of , 1991. MARY E. WYNN, City Clerk RICHARD B. EDGAR, Mayor Ordinance No 50, Page 7 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 2 CITY OF TUSTIN ) 3 CERTIFICATION FOR ORDINANCE NO. 1060 MARY E WYNN, City Clerk and ex -officio Clerk of the City Council of the 4 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 5 Ordinance was duly and regularly read and introduced at a' meeting of the City Council held on the day of , 1991, and was given 6 its second reading and du- y assed an a opts at a meeting of the City Council held on the day of 1991, by the following 7 roll call vote: 8 COUNCILMEMBER AYES: 9 COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: 10 COUNCILMEMBER ABSENT: 11 Mary E. Wynn, City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28