HomeMy WebLinkAboutPH 4 WTR MGMNT PROG 03-04-91END
DATE:
TO:
FROM:
FEBRUARY 27, 1991
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/WATER DIVISION
PUBLIC HEARING N0. 4
3-4-91
Inter - Com
SUBJECT: ORDINANCE NO. 1060 - ADOPTING A WATER MANAGEMENT PROGRAM
RECOMMENDATION:
That Tustin City Council conduct a public hearing for the
consideration of an ordinance adopting a Water Management Program
and if they find it appropriate, have first reading by title only
and introduction of said ordinance.
BACKGROUND:
At their February 19, 1991 meeting, the City Council was provided
a staff report and a draft of Ordinance No. 1060 for their
information. The ordinance was scheduled to be returned to the
City Council at their March 4, 1991 meeting, at which time a public
hearing would be held and if the City Council deemed it appropriate
Ordinance No. 1060 would have first reading by title only and
introduction.
The Council requested a copy of the Metropolitan Water District of
Southern California (MWD) five staged program known as the
Incremental Interruption and Conservation Program (IICP). A copy
of the IICP is attached for their reference.
The subject ordinance allows the City to enforce a water
conservation program to reduce the quantity of water used by
customers of the Tustin Water Service for the purpose of conserving
the water supplies and to avoid or minimize the effects of any
future shortage. A shortage would exist upon the occurrence of one
or more of the following:
1. A general water supply shortage due to limited supplies.
2. Distribution or storage facilities of the MWD, the
Municipal Water District of Orange County (MWDOC), the
East Orange County Water District (EOCWD), or the City
of Tustin become inadequate.
3. A major failure of the supply, storage and distribution
facilities of the MWD, MWDOC, EOCWD or of the City of
Tustin occurs.
The attached ordinance does not address the specifics of any water
rationing that could be imposed on the customers of the Tustin
Water Service. These specifics will be discussed in an additional
staff report under the New Business Section of the March 4, 1991
City Council Agenda.
DISCUSSION:
Staff is recommending some additional revisions to certain sections
of Ordinance No. 1060, which was previously circulated to the City
Council. These revisions are highlighted as follows:
Section 6(B) on Page 2 has been revised to apply to statewide
shortages in lieu of the MWD IICP.
Section 6(C) 10 on Page 4 has been revised to add after the word
purposes, the following: unless authorized as a mitigation measure
or erosion control, compaction or backfilling earthwork or required
by the Air Quality Management Plan (AQMP) Control Measure F-4.
Section 8 on Page 6 has been eliminated.
Section 8 on Page 6 this section was formerly referred to as
Section 9.
The reference to a three tiered rate structure has been removed and
the specific citation amounts have been indicated.
Section 9 on Page 6 this section was formerly referred to as
Section 10 and has been changed to include the City Council or
their designee as the final appeal body.
Section 10 on Page 6 this section was formerly referred to as
Section 11.
A public hearing has been duly noticed for March 4, 1991 at 7:00
p.m. in the Council Chambers, 300 Centennial Way, Tustin,
California for the Tustin City Council to consider an ordinance
adopting a Water Management Program.
After the City Council conducts the public hearing and if the
Council determines it appropriate, staff recommends that Ordinance
No. 1060 have first reading by title only and introduction.
Bob Ledendecker
Director of Public Works/City Engineer
BL:ccg:blorl060
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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 15269(c).
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Ordinance NN 1,060, 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.
designated representative is hereby
the provisions of this Ordinance.
The City Manager or a
authorized and directed to implement
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 N- 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 N- 1060, 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 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
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Ordinance N, 1.060, 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
Ordinance Nn 1060, Page 6
1 designated shall become effective immediately upon announcement. The
declaration of any stage beyond STAGE 1 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.
SECTION 8. FAILURE TO COMPLY.
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(A) Following a declaration of a Stage 1 condition as provided
5 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
($35.00). Upon a third violation, the violator shall be
10 subject to a fine of Forty -Five dollars ($45.00). 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. -
22 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.
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Ordinance Nr 1060, Page 7
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the day of , 1991.
CHARD B. EDGAR, Mayor
MARY E. WYNN, City Clerk
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 day of , 1991, and was given
its second reading and du -passed and adopted at a meeting of the City
Council held on the day of , 19912 by the following
roll call vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
t
Incremental Interruption & Conservation Program
An Overview
The program current) is structured with four mandatory conservation stages. Stage III
will become effective February 1, 1991.
Allocation Reductions
Firm Non-firm
Stage II
5%
20%
Stage III
10%
30%
Stage IV
15%
40%
Stage V
20%
50%
Firm water is used mostly for residential and commercial customers. Non-firm water
includes g
I des a ricultural customers and water used for replenishment of groundwater
basins. The effect of the allocation reductions on individual customers will vary
depending on how retail agencies manage their systems.
8-1
Revised
&F ROP0VT,4N G,/ATcA 0/STRICT Of SOU71119 b' C�t1If091?1/,a
November 20, 1990
T0' Board of Directors (Engineering & Operations Committee--InParmation)
(Water Problems Committee --Action)
f�o,77. General Manager
SUh*f.• Incremental Interruption and Conservation Plan
Summary
The water supply situation for 1991 is uncertain
at best. The State project reservoirs will be critically
low starting the year, and although we are working on
several supply augmentation plans, we could have less
than a full Colorado River Aqueduct. Because of this,
it is appropriate that Metropolitan put a plan in place
that will allow us to respond to a continuation of the
drought in a measured way. Staff, in conjunction with the
member agencies, has developed a consensual "Incremental
Interruption and Conservation Plan" which begins using
water in the -interruptible program, in concert with
conservation, to meet needs during the remainder of the
drought.
The plan assigns each member public agency a
monthly conservation target of water from Metropolitan.
Agencies using less than the target quantity would receive
an incentive payment based on the extent their water use
falls below their target quantity. Stage I is a voluntary
program to encourage consumer conservation and should be
put into effect immediately. Stages II through V couple
conservation objectives with reductions in non-firm service
(Interruptible Service and Seasonal Storage Service for
long-term storage). These later stages maybe necessary
in future months should the drought continue. In Stages II
through V, agencies exceeding the target quantity would
face -a disincentive charge on the amount of Metropolitan
water used over their target. It is recommended that the
disincentive charge be twice the noninterruptible rate
(currently $394 per acre-foot) and the conservation
incentive payment be one-half the noninterruptible rate
rounded to the nearest dollar (currently $99 per
acre-foot). Adjustments would be made to the target
quantities to reflect growth and development, changes
in local water supplies, and significant conservation
Board of Directors -2- November 20, 1990
programs, All adjustments would be reported to your Board.
An appeal process would be provided whereby member public
agencies could request your Board to review the agency's
assigned monthly conservation target.
The Interruptible Program was originally
conceived to deal with an acute shortage of imported
supplies occurring at a time when the longer term water
supply for Metropolitan would be more favorable. However,
the present situation is different than was contemplated at
the time the interruptible program was created. The past
four years of drought have already caused a substantial
draft of the groundwater and surface storage reserves
in our service area, and should 1991 prove dry the
prospective shortages for later years only increase.
These circumstances are believed to be exceptional within
the meaning of Section 4603(b) of the Administrative Code,
requiring both that service interruptions be shared equally
among all interruptible water users and that conservation
by retail consumers must accompany service interruptions
to preserve interruptible reserves for possible use in
a continuing drought. A resolution of the Board which
determines that such exceptional circumstances indeed exist
is included as part of the recommended action for the Board
to adopt the Incremental Interruption and Conservation Plan.
The discussions that have taken place with the
managers of the member agencies regarding the possible
adoption of the Incremental Interruption and Conservation
Plan has led to considerable interest in participation by
the member agencies in a review of the Interruptible and
Seasonal Storage Service programs and possible revision„$
to the Administrative Code to clarify Metropolitans
Drought Contingency Program. I intend to create a task
force consisting of invited member agency managers and
selected MetropolitAn staff to develop and recommend
revisions that the task force may consider desirable in
the current Interruptible Service and Seasonal Storage
Service programs, and in the Incremental Interruption and
Conservation Plan. After review of those recommendations,
I would -then propose that the Board adopt appropriate
amendments to the Administrative Code.
This action is believed to be exempt from the
California Environmental Quality Act.
Recommendations
1. That the Board adopt the attached form of
resolution stating its determination that exceptional
Board of Directors
-3- November 20, 1990
circumstances exist that make application of Administrative
Code Section 4603(a) unreasonable;
2. That the Board adopt the Incremental Interruption
and Conservation Plan as outlined in this letter; and
3. That the Board declare Stage I of that plan calling
for voluntary conservation providing incentive payments for
conservation to be in effect December 1., 1990.
Detailed Report
Background
On a statewide basis the water situation is
serious. Carryover storage in Oroville and San Luis
Reservoirs on October 31, 1990 is now projected to be
1.2 million acre-feet lower than last year and only
200,000 acre-feet above minimum operating storage for
these reservoirs. Another dry year in California would
have serious consequences. The Department of Water
Resources estimates that there may be a 60 to 70 percent
reduction of agricultural deliveries and a 10 to 20 percent
reduction of municipal and industrial deliveries next year.
on the Colorado River, the Bureau of Reclamation's
(Bureau) Annual Operating Plan projects 940,000 acre-feet
of Colorado River water available for Metropolitan in 1991.
Through several efforts which have been reported to your
Board, we expect to have more Colorado River water than the
Bureau now projects. However, for planning purposes, we
must take note of the Bureau's projections.
Because of the uncertain water supply picture,
it is necessary to make plans for another year of drought
and prepare ourselves for future shortfalls. This letter
presents a recommended water management plan along with a
description of some possible alternatives. The philosophy
behind the presented plan, which is called the "Incremental
Interruption and Conservation Plan", is to begin using
waters in the interruptible program, in concert with
conservation, to meet needs during shortfalls such as the
present drought. It is structured so it can be staged or
phased, always holding as much water in reserve as possible
for the eventuality of an even longer drought. The
recommended plan is consensual in nature. It has been
developed in conjunction with our member agency managers and
represents a mutually agreed upon plan designed to respond
Board of Directors -4- November 20, 1990
to a continuation of the drought. Nothing in the plan is
meant to affect the rights of a member public agency or
the provisions of the Metropolitan Water District Act.
The Incremental Interruption and Conservation Plan
The Incremental Interruption and Conservation Plan
establishes 'for each member public agency a monthly target
quantity of water available from Metropolitan. The target
quantity would be calculated for each member public agency'
based on a percentage of the total amount of water taken
from Metropolitan during the same month in the base year of
1989-90. Target quantities off agencies who received
non-firm water (Interruptible Service and seasonal Storage
Service for long-term storage) in the base year would be
further reduced in proportion to the amount of non-firm
water they received. It is envisioned that the program
would be implemented in stages by further reducing the
target quantities for each member public agency. Your
Board, based on expected aqueduct flow, demands, and storage
conditions, would determine in the future, by specific
action, the appropriate stage. All interruptible classes
of water (agricultural, groundwater replenishment, seawater
barrier and reservoir storage) would be reduced uniformly.
Similarly, water that is delivered under the Seasonal
Storage Program and used for long-term storage would be
reduced. Adjustnents would be made to the target quantities
to reflect growth and development, changes in local water
supplies, and significant conservation programs. The Plan
provides that all adjustments would be subject to your
Board's approval.
In Stages II through V, agencies exceeding the, -
target quantity wduld face a disincentive charge for the
water used over their target quantity, plus the applicable
water rate, while agencies using less than their target
quantity would receive an incentive payment. It is
recommended that the disincentive charge be twice
the non interruptible rate (currently $394/AF) and
the conservation incentive payment be one-half the
noninter-uptible rate rounded to the nearest dollar
(currently $99/AF). In all cases the conservation payment
and charges would only apply to deliveries from Metropolitan -
and not to total water usage.
Stage I of the Incremental Interruption and
Conservation Plan would be voluntary. Member public
agencies who reduce their use of water from Metropolitan
Board of Directors -5- November 20, 1990
below 95 percent of the base year and certify that they
did not increase the use of local water to do so, would
be eligible to receive the incentive payment. In Stage I
there would be no disincentive charge. Based on water
supply conditions and continuing high demands, this letter
recommends the. Board determine Stage I to be in effect
December 1, 1990.
The program is illustrated in the following table
and example:
REQ�ICTIONS FROM BASE YEAR
REDUCTION
IN
NON-FIRM
STAGE DELIVERIES
PLUS
CONSERVATION
OF EXPECTED
FIRM SAVINGS
DELIVERIES AFY
I
Voluntary
Goal 10%
100,000
II
20%
_ 5%
2600000
YII
30%
10%
430,000
IV
40%
15%
600,000
V
50%
20%
770,000
As an example, if a member public agency, in a certain
month in the base year, received 100 acre-feet of water
from Metropolitan of which 10 acre-feet were in non-firm
service, then the agency's target quantity under Stage II
would be 100 acre-feet minus 2 acre-feet minus 4.5 acre-
feet or 93.5 acre-feet. If the agency took less than
93.5 acre-feet, the agency would not only avoid purchase
of this water but in addition Metropolitan would provide an
incentive payment of $99 per acre --foot. On the other hand,
if the agency took more than 93.5 acre-feet, a disincentive
charge of $394 per acre-foot would be applied to the amount
taken over the target quantity in addition to the applicable
water rate.
Accounting and Reconciliation
At the end of each "water year" (September 30)
in which Stages 11 through V were in effect, or following
the Board's determination that Stages II through V are
no longer in effect, whichever is earlier, there will
Board of Directors -6- November 20, 1990
be reconciliations of the disincentive charges and the
incentive payments for-delive=Y during that year or partial
years. At this reconciliation, agencies may use conserved
water for which they received incentive payments to offset
overages on which they paid the disincentive charge. For
such offsets, Metropolitan would credit the agency the
difference between the disincentive charge and the incentive
payment. Therefore, if, at the end of the reconciliation
period, a particular member agency overused in some months
and underused in other months in such quantities that the
over and under use equaled each other on an acre-foot basis,
that member agency will have evened out its account. The
end result in this case would be an adjustment of previous
billings for delivery in that period so there would be no
disincentive charge and no incentive payment.
Adjustments
Regarding the target quantity adjustments to
account for changes in local water supplies, growth and
development, and significant conservation programs; staff
has developed guidelines to be used in the adjustment
process. Because of the wide variety of circumstances,
discussions will be necessary with a number of agencies
in order to complete the adjustments. In all cases,
adjustments to target quantities will be reported to your
Board. Any member public agency could request your Board
to review the agency's assigned monthly conservation
target. The following are the guidelines we propose to
use in making . adj ustmerts .
(A) Local Water Supply - adjustments to target
quantities will be recommended if:
1. A well, reclamation plant, aqueduct,
reservoir, pipelines fails.
2. There is less surface water because of
drought.
3. Court order, regulatory order, or negotiated
agreement limits the use of local supplies.
4. No adjustments would be made to account for
routine or elective maintenance.
Board of Directors -7- November 20, 1990
(B) _Conservation - adjustments will be recommended if
an agency uses less water because of a significant
conservation effort in the base year consisting of:
1. A mandatory water conservation program.
2. A major water management program with
demonstrated results.
(C) Growth and Development - agencies' target
quantities will be adjusted for growth based on:
1. The number of new service connections.
2. A demonstrated change in the mix of service
connections toward larger sized connections.
3. The establishment or expansion of a major
industrial water user after the base year.
Stages II through V constitute an implementation
of service interruptions in conjunction with a requirement
for increasing conservation by the member public agencies.
-- In Stage II for example, conservation at 5 percent
noninterruptible service would be mandated in conjunction
with a 15 percent interruption in interruptible service
thereby reducing future interruptible obligations by
15 percent. The reduction in future interruptible
obligations would be controlled solely by the amounts by
which target quantities were reduced owing to past purchases
of interruptible service. Agencies that did not meet their
interruptible obligations to Metropolitan would pay the
applicable water rate plus the disincentive charge thus
• amounting to payment of the emergency rate for an inability
to sustain a service interruption. Conversely, agencies
that reduced their use of interruptible service by amounts
greater than the call of an interruption by Metropolitan
would receive the $99 incentive payment but would not reduce
future interruptible obligations.
- By requiring increased conservation as
interruptions are implemented, we ensure that depletion
of Metropolitan's interruptible storage reserves is
accompanied by austerity in water use. This balanced use of
conservation and interruptions recognizes the potential for
continued shortages. Although the prospects for shortages
in 1991 are a matter of concern, there is still a need to
maintain regional storage reserves under the long-term
Board of Directors -8- November 20, 1990
seasonal storage and interruptible water service programs
to protect against more serious supply deficiencies in the
future. Not only would demands likely increase in later
years of a continuing drought, but dry conditions in 1991
that could cause a potential shortfall in supplies would
substantially worsen prospective water supplies for later
years.
On the State Water Project for example, the
potential serious shortages to Metropolitan in 1991
are lessened by the ability to impose deficiencies to
agricultural contractors of up to 50 percent prior
to imposing deficiencies on municipal and industrial
contractors. However, if such a deficiency were imposed
on agricultural contractors in 1991, municipal and
industrial contractors collectively would be on equal
footing with agricultural contractors to share in any
deficiencies in 1992 through 1996. This is because the
combined 1990 and 1991 deficiencies to agricultural users
would have reached one year's entitlement which is the
maximum for any seven-year period. Thus, preserving
regional storage reserves under the interruptible and
seasonal storage service programs for potential use in
1992 and later years is a primary consideration in
developing mitigation plans for 1991.
Alternatives
At the October 8, 1990 meeting of the Water
Problems Committee, Mr. Donald Harriger, General Manager,
Western Municipal Water District discussed the Incremental
Interruption and Conservation Plan (I1C) and presented an
alternative plan. This alternative is modeled after the
plan contained -in this letter, but differs in that it eases
the penalty for failure to meet the conservation target and
interrupts different classes of interruptible Service by
different amounts.
The alternative reduces the disincentive charged
from $394/AF to $200/AF and provides for overuse above
the allocation of 5 percent before the penalty is applied.
The alternative plan also increases the incentive for
conservation to $200/AF. In staffs opinion, the easing
of the disincentives for overuse will likely result in an
easing of agencies, conservation efforts. Because of this
the expected savings projected in the Harriger alternative
are too high and should be reduced by 40 to 50 percent.
Board of Directors -9- November 20, 1990
.A note is appropriate regarding the $394/AF
disincentive charge proposed in the IIC. This charge is
not designed to collect revenue. Its purpose is to send a
strong signal encouraging conservation. The IIC provides
flexible use of conservation to cover overages that may
inadvertently occur. The disincentive charge is designed
to encourage those who night not otherwise participate
in water conservation to join in and do their share. The
disincentive charge has the advantage of matching the
Districts emergency rate and avoids the potential problem
of charging different rates for the same class of service.
Another feature of the alternative plan is
that it interrupts different classes of interruptible
service by different amounts; direct replenishment would
suffer the greatest cutback, agricultural the lightest,
and seawater barrier none -at -all: Staff examined a similar
approach and concluded that it was best to cut all classes
of interruptible service equally, for the following reasons:
1. Four years of drought have depleted local
groundwater basins. It is important that as much
water as possible be maintained in these basins in
case of a longer drought;
2. To maintain as much water in reserve as possible,
_ equal sharing of the shortage through equal
interruption is the best management approach;
3. Equal interruptions offers flexibility to merJDer
agencies; each can choose how the cut is
distributed within the agency. Cutting by class of
service Would require an audit by Metropolitan' to
see that each class is cut as specified. Calling
for a cut in all interruptible serfice does not
require such an audit; and
4. Equal interruptions provides fair, flexible, and
simple administrative measures. In a time of
shortage, simple, understandable rules are each
agency greatest assurance of consistent, equitable
application.
A straight interruption in service without
any penalties or incentives for conservation was also
considered as an alternative. It was determined that this
approach would lead to the use of our reserves too early.
Staff felt that depleting groundwater and storage surface
Board of Directors -lp- November 20, 1990
water reserves, crippling the agricultural corzunity, and
perhaps collapsing the seawater barrier, without calling
for general conservation was not a neasured approach to
extending our supplies through a drought of uncertain
length.
Exceptional Circur.starces
The continuing drought has caused an exceptional
need to maintain local storage reserves for possible future
use. This is in contrast to the objectives for dr ougrt
Mitigation that were proposed at the time the interruptible
program was implemented. The interruptible program was
designed on the premise that local storage reserves could
be utilized without specific regard to the need for retail
conservation and that storage reserves could be relied
upon more substantially than other types of interruptible
service to offset an acute shortage of imported water. In
this context then.. the need to share interruptions equally
between all classes of interruptible service and the need
to moderate the current use of service interruptions
in order to preserve the ability to impose service
interruptions in a future year constitutes exceptional
circumstances. The proposed resolution of the Board which
adopts the Incremental, interruption and Conservation. Plan
takes note of these exceptional circumstances to offer
some clarity as to why alternative means of implementing
a service interruption, which may in the past have seemed
appropriate, would not be prudent as•a current mitigation
schema.
Member Aaencv Task Force
There is considerable interest on the part of
the mer.Lber agencies in participating in a review of the
interruptible and seasonal storage service programs and
possible revisions to the administrative code to clarify
Metropolitan's drought contingency program. I intend to
create a task force on which member agency managers will
be invited to participate jointly with Metropolitan
staff to develop and recommend desirable revisions to the
interruptible service and seasonal storage service programs
and to the Incremental Interruption and Conservation Plan.
California Environmental QU a l i tv Act ( CEQA )
This drought is of unknown duration which, if it
continues, presents a clear and imminent danger to water
Board of Directors
-11- November 20, 1990
service if steps are not taken to Mitigate its impacts.
Consequently, while not free from doubt, it is believed
that this action is exempted from CEQA both by Public
Resources Code Section 21080 (b)(4) as necessary to prevent
or mitigate an emergency as well as under Section 15301
of the Secretary for Resources Guidelines implementing
CEQA since this action singly provides for the continued
operation of existing facilities with no expansion of use
beyond that previously existing.
Carl oron
DLA/ KRH:aj
Attachment
DATE: FEBRUARY 12, 1991
Inter — Cown
joist's.**
TO: WILLIAM HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT WATER OPERATIONS
SUBJECT: ORDINANCE NO. 1060 FE 14 1991 LD
ADOP'T'ING 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 (HCP). 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
161 1990, nearly 3/4 of the way through the HCP 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 HCP, 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 lits 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
Pablo Rodriguez
Manager Field Services