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HomeMy WebLinkAbout01 2000 URBAN WTR MGT 12-06-04 AGENDA REPORT Agenda Item ~ Reviewed: City Manager ~N/A Finance Director MEETING DATE: DECEMBER 6, 2004 TO: FROM: WilLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: ADOPTING THE 2000 URBAN WATER MANAGEMENT PLAN AND RESOLUTION NO. 04-90 SUMMARY The California Urban Water Management Planning Act, established by State Assembly Bill No. 797, requires urban water suppliers providing water for municipal purposes to more than 3,000 service connections or supplying more than 3,000 acre-feet of water annually, conduct a public hearing prior to the adoption of an Urban Water Management Plan. The purpose of the Urban Water Management Plan is to achieve conservation and efficient use of water supplies. The proposed plan updates the City's 1995 Urban Water Management Plan. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Conduct a public hearing to accept and respond to public comments on the 2000 Urban Water Management Plan; and 2. At the conclusion of the public hearing, adopt Resolution No. 04-90 adopting the 2000 Urban Water Management Plan. FISCAL IMPACT None. DISCUSSION The Urban Water Management Planning Act as established by State Assembly Bill No. 797, requires every urban water supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet annually to prepare and adopt an Urban Water Management Plan. The legislature declared that waters of the state are a limited and renewable resource subject to increasing demand and that conservation and efficient use of urban water supplies are of statewide concern. The legislature also determined that the planning for conservation and efficient use of urban water supplies can best be accomplished at the local level. Adopting the 2000 Urban Water Management Plan and Resolution No. 04-90 December 6, 2004 Page 2 The City's proposed Urban Water Management Plan has been prepared in conformance with the requirements of the Urban Water Management Act and includes the following: . Water Services Area . Water Service Division and Facilities . Water Sources and Supplies . Water Quality Information . Water Reliability Planning . Water Use Provisions . Water Demand Management Measures . Water Shortage Contingency Plan . Water Recycling The Urban Water Management Plan was prepared through coordination with the East Orange County Water District and the Municipal Water District of Orange County for imported water, the Orange County Water District for groundwater, and the Orange County Sanitation District for wastewater. In compliance with the Urban Water Management Planning Act, the Plan will be filed with the California Department of Water Resources after adoption. ~c9~ Director of Public Works/City Engineer TDS: ccg: Council 2004'Adopting the 2000 Urban Water Mgmt Plan & Reso 04-90.doc Attachments RESOLUTION NO. 04-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE CITY OF TUSTIN 2000 URBAN WATER MANAGEMENT PLAN WHEREAS, the City has undertaken proceedings to review the 2000 Urban Water Management Plan pursuant to Assembly Bill No. 797 of the California Urban Water Management Planning Act; and WHEREAS, the 2000 Urban Water Management Plan was prepared in accordance with AB-797; and WHEREAS, the 2000 Urban Water Management Plan, as prescribed by AB-797, updates the 1995 Urban Water Management Plan adopted by Resolution No. 96-18; and WHEREAS, proceedings provide for the adoption of the 2000 Urban Water Management Plan consisting of water conservation elements; and WHEREAS, a public hearing was duly called, noticed and held on the Urban Water Management Plan on December 6, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin, California, does hereby adopt the 2000 Urban Water Management Plan and order it be filed with the State of California Department of Water Resources. PASSED AND ADOPTED at a regular meeting of the Tustin City Council on the 6th day of December 2004. Tony Kawashima, Mayor ATTEST: City Clerk 2000 URBAN WATER MANAGEMENT PLAN ,~yo (J~~ ~' . ..' '1}I~ì.~~.,.t ~~. 4~ /~ V8;:, CITY OF TUSTIN Final November 2004 CITY OF TUSTIN 2000 URBAN WATER MANAGEMENT PLAN CONTACT SHEET Name or person(s) preparing this plan: Phone: Fax: Mike Gomez E-mail address: (714) 573-3145 (714) 259-0074 mQomezlâ!tustinca.orQ The Water Supplier is a: The Water Supplier is a: Utility services provided by the water supplier include: Is this Agency a Bureau of Reclamation Contractor: Is this Agency a State Water Project Contractor: Municipality Retailer Water No No City of Tustin 2000 Urban Wati3LfV1!1.na,QéJ-'7Je.ntJ'/éJ.n Update TABLE OF CONTENTS Section Introduction Paoe 1.1 1.2 1.3 Purpose and UWMP Summary...........................................................1-1 Urban Water Management Plan Update Preparation..........................1-1 Water Service Area ............................................................................1-3 Water Service Division and Facilities..................................................1-5 1.4 2 Water Sources and Supplies 2.1 Water Supplies...................................................................................2-1 2.2 Water Sources ...................................................................................2-1 Water Quality 3.1 Water Quality of Existing Sources of Water Available.........................3-1 3.2 Water Quality Affect on Water Management Strategies and Supply Reliability ................................................................................3-4 Water Reliability Planning 4.1 Reliability of Water Supplies for Tustin ...............................................4-1 4.2 Reliability Comparison........................................................................4-1 4.3 Vulnerability of Supply for Seasonal or Climatic Storage ....................4-3 4.4 Alternative Water Sources or Demand Management Measures .........4-4 4.5 Management of Water System Pressures and Peak Demands ..........4-4 Water Use Provisions 3 4 5 6 5.1 Past, Current and Projected Water use Among Sectors.....................5-1 Water Demand Management Measures 6.1 Introduction ........................................................................................6-1 6.2 Demand Management Measures (BMPs)...........................................6-2 6.3 Capital Improvement Projects.............................................................6-8 6.4 Landscaping and Irrigation Practices..................................................6-8 6.5 Alternative Water Conservation Programs..........................................6-9 6.6 Water Use Efficiency Program Scheduling and Effectiveness ............6-9 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section TABLE OF CONTENTS (cont.) Paoe Water Shortage Contingency Plan 7.1 Introduction ........................................................................................ 7-1 7.2 Three Year Minimurn Water Supply....................................................7-1 7.3 Supplemental Water Supplies ............................................................7-2 7.4 Water Shortage Contingency Plan .....................................................7-2 7.5 Prohibitions, Consumption Reduction Methods and Penalties............7-5 7.6 Revenue and Expenditure Irnpacts and Measures to Overcome Those Impacts....................................................................................7-6 Mechanism to Deterrnine Reductions in Water Use............................7-6 7 7.7 7.8 Preparation for Catastrophic Water Supply Interruption...................... 7-6 Water Recycling 8.1 Recycled Water..................................................................................8-1 8.2 Wastewater Collection and Treatment in Tustin .................................8-2 8.3 Regional Recycled Water Planning ....................................................8-3 8.4 Encouraging Recycled Water Use......................................................8-5 8.5 Optimizing Recycled Water Use.........................................................8-6 8 Table No. Table 1.1 Table 2.1 Table 2.2 Table 2.3 Table 4.1 Table 4.2 Table 5.1 Table 5.2 Table 5.3 TABLES Paoe Population Projections........................................................................1-5 Current and Projected Water Supply and Dernand .............................2-1 Groundwater Production by Well........................................................2-3 Storage Reservoir Capacities.............................................................2-4 Population and Water Supply/Demand Comparison...........................4-2 Supply Reliability - Demand Factor....................................................4-2 Historic and Projected Water Use by Sector.......................................5-1 Nurnber of Water Service Connections by Sector...............................5-2 Urban Water Use by Sector for TWS and Orange County ..................5-2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Table No. Table 6.1 Table 6.2 Table 6.3 Table 7.1 Table 7.2 Fiaure No. Figure 1.1 Figure 3.1 TABLES (cont.) Paoe MWDOC Water Education Program Number of Students Reached in Tustin ...............................................................................................6-4 ULFT Replacernents in Tustin ............................................................6-8 Water Use Efficiency Best Management Practices Implementation Schedule and Methods to Evaluate Effectiveness ...........................6-10 Minimurn Water Supply I Demand Based on Driest 3-Year History ....7-1 Per Capita Health and Safety Water Quantity Calculations ................7-5 FIGURES Paoe District Boundaries .............................................................................1-4 District Map - Nitrate Plumes .............................................................3-2 APPENDICES Aooendix No. Appendix A Urban Water Management Planning Act of 1983 as arnended to 2000 Appendix B References Appendix C Notice of Public Hearing and Resolution for Plan Adoption Appendix D Ordinance No.1 063 - Water Waste Prohibition and Resolution 92-49 Appendix E Water Shortage Contingency Plan (Water Managernent Program) Appendix F Resolution 96-18 1995 UWMP Adoption; Ordinance No.1 060 - Adoption of a Water Managernent Prograrn; and Resolution No. 90-53 - Voluntary Water Conservation Program iii Final November 2004 City of Tustin 2000 Urban Water_M!1nEJÇjéJmer1J.~lan Update Section 1 SECTION 1 INTRODUCTION 1.1 PURPOSE AND PLAN SUMMARY An Urban Water Management Plan (UWMP) is for the purpose to achieve conservation and efficient use of water supplies. The California Urban Water Management Planning Act of 1983 (Act), as amended, requires urban water suppliers to develop an UWMP every five years in the years ending in zero and five. The legislature declared that the waters of the state are a limited and renewable resource subject to ever increasing demands; that the conservation and efficient use of urban water supplies are of statewide concern; however, implementation of plans is best accomplished at the local level; that conservation and efficient use of water shall be actively pursued to protect both the people of the state and their water resources; that conservation and efficient use of urban water supplies shall be a guiding criterion in public decisions; and that urban water suppliers shall be required to develop water management plans to achieve conservation and efficient use. The City's 2000 UWMP has been prepared in compliance with the requirements of the Act, as amended (Appendix A) t, and includes the following: . Water Services Area Water Service Division and Facilities Water Sources and Supplies Water Quality Infonuation Water Reliability Planning Water Use Provisions Water Demand Management Measures Water Shortage Contingency Plan Water Recycling . . . . . . . . 1.2 URBAN WATER MANAGEMENT PLAN UPDATE PREPARATION The 2000 UWMP revises the 1995 UWMP prepared by the City of Tustin Water Service (TWS) under the tenus of AB 797 (1983) and subsequent amending legislation. The 2000 UWMP incorporates changes required by other legislation including AB 1845 (1995) and SB 1011 (1995). TWS has also included requirements of SB 610 (2001) and SB 901 (2001) to integrate the latest urban water management planning directives. Additionally, the UWMP incorporates water use efficiency efforts that TWS has ¡California Water Code, Division 6, Part 2.6; § 106 10, et. seq. Established by Assembly Bill 797 (1983). 1 -1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 1 implemented or is considering implementing pursuant to the Memorandum of Understanding Regarding Urban Water Conservation in California (MOU).2 TWS is a contractor of imported water from East Orange County Water District (EOCWD), which subcontracts through the Municipal Water District of Orange County (MWDOC), which subsequently is a member agency of the Metropolitan Water District of Southern California (Metropolitan). Since TWS is not a MOU signatory, MWDOC implements many of the Best Management Practices (BMPs) on behalf of TWS.3 The sections in this UWMP correspond to the outline of the Act, specifically Article 2, Contents of Plans, Sections 10631, 10632, and 10633. The sequence used to present the required information, however, differs slightly in order to present the material in a manner reflecting the unique characteristics of TWS. Agency Coordination The development of this UWMP was prepared through TWS and through coordination with EOCWD and MWDOC for imported water, as well as the Orange County Water District (OCWD), which manages the Orange County groundwater basin, and the Orange County Sanitation District (OCSD), which manages wastewater. References that were utilized as supplemental information are included within Appendix B. UWMP Adoption The 2000 UWMP was adopted by resolution of the Tustin City Council on - following a public hearing. The UWMP was submitted to the California Department of Water Resources within. days of Council approval. Copies of the notice of public hearing and the Resolution of UWMP Adoption are included in Appendix C. Copies of the UWMP were made available to the public within 30 days following Council approval. The UWMP will be used by TWS staff to guide water use efficiency efforts through the year 2005. 'The Memorandum of Understanding Regarding Urban Water Conservation in California (MOU) was adopted in September 1991 by numerous water suppliers, public advocacy organizations and other interested groups. It created the California Urban Water Conservation Council and established 14 Best Management Practices (BMPs) for urban water conservation. recently refined to 14 BMPs. MWDOC is signatory to the MOU and implements the BMPs on behalf of the City of Tustin. MWDOC became signatory to the MOU in 1991. 32000. MWDOC Urban Water Management Plan, p. 1-6. 1 - 2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 1 1.3 WATER SERVICE AREA Location TWS provides potable water service to most of the incorporated area of the City and also to unincorporated county areas north of the City. TWS is located in central east Orange County as shown in Figure 1.1. TWS is bounded by the City of Orange to the north, the City of Santa Ana to the west, the City of Irvine to the south, and unincorporated areas of Orange County to the east. TWS is approximately 35 miles south of Los Angeles and 10 miles inland from the Pacific Ocean. TWS has an area of 8.4 square miles and an average elevation of 130 feet above sea level. The topography of the City combines generally flat areas with gradual rolling hills. TWS is located along the Santa Ana Freeway (I 5), which provides access to the Costa Mesa Freeway (SR 55), the Garden Grove Freeway (SR 22), the SR 133, and the San Diego Freeway (I 405). Climate Characteristics TWS is located in an area known as the South Coast Air Basin (SCAB). The SCAB climate is characterized by what is known as Southern California's "Mediterranean" climate; a semi-arid environment with mild winters, wann summers and moderate rainfall. The general region lies in the semi-pennanent high pressure zone of the eastern Pacific. As a result, the climate is mild, tempered by cool sea breezes. The usually mild climatologically pattern is interrupted infrequently by periods of extremely hot weather, winter stonns, or Santa Ana winds. The annual temperature varies throughout SCAB, averaging 75 degrees Fahrenheit. January is usually the coldest month while July and August are usually the hottest months of the year. Annual average relative humidity is 63.5 percent. Precipitation is typically nine to fourteen inches, occurring mostly between November and April. Demographics TWS is predominantly residential with over 90 percent of water service connections serving single-family or multi-family residences. Limited growth potential exists due to minimum availability of open space. The population of the TWS Service Area was 62,131 in 2000.4 The Center for Demographic Research at California State University Fullerton projects minimal change in the TWS population percentage and minimal change in land use over the next 20 years. Table 1.1 shows the population projections in five-year increments to the year 2020. The TWS population is projected to peak at 63,471 in 2005 with a gradual decrease in subsequent years through 2020. The population decrease is associated with an aging population, where the number of deaths is projected to exceed the number of births. 1 - 3 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 1 ~ ~- " '" " / ~I TUSTIN ---- ~::~~ --=~~""""" WATE.SERVlCEDMSION ~~~M__' SERVICE AREA ZONES D ZONE' "" - ZONE' ~ ZONE' FIGURE 1-1 1 - 4 FlI1al November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 1 Table 1.1 Population Projections4 2000 2005 2010 2015 2020 Service Area 62,131 63,471 63,354 62,259 61,739 Population 1.4 WATER SERVICE DIVISION AND FACILITIES Water Service Division TWS provides domestic and fire protection water service to most of the incorporated area of the City of Tustin and also to unincorporated areas north of the City. TWS receives approximately 85 percent of its water from underlying groundwater in the Santa Ana River Basin. The remaining 15 percent is purchased imported water. TWS has seven untreated or "clear" groundwater wells that pump directly into the distribution system and two treatment facilities that treat groundwater from five additional wells. The groundwater basin is managed by OCWD, who sets the percentage of groundwater that an agency or city can pump based on their total potable water demand. For this UWMP reporting period, the BPP for TWS is 75 percent.5 Production in excess of 75 percent of applicable demands is assessed under the Basin Equity Assessment (BEA) with a production penalty, raising the cost of this supply to exceed imported water rates. However, basin groundwater produced through treatment facilities is exempt from the BEA since the treatment plants remove and use low quality water from the groundwater basin, which would otherwise be unusable. Imported water is purchased from Metropolitan through MWDOC and EOCWD. Imported potable water delivered to EOCWD comes from the Diemer Filtration Plant located north of Yorba Linda. Typically, the Diemer Filtration Plant receives a blend of Colorado River water from Lake Mathews through the Metropolitan lower feeder and State Water Project water through the Yorba Linda Feeder. Water System Pressure Zones and Facilities Elevations in the TWS service area range from 60 feet above mean sea level at Warner and Redhill to 435 feet in the Lemon Heights area. The water system is divided into three service pressure zones. The average ground elevations for Zones 1, 2, and 3 are 210 feet, 280 feet, and 400 feet above mean sea level, respectively. 4 Center for Demographic Research, California State University Fullerton, Orange County Projections 1996. 5 The BPP was changed by OCWD in late April 2003 and effective July 2003 to 66 percent. 1 - 5 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 1 TWS delivers water supplies through 170 miles of 1.5-inch to 20-inch water mains. TWS pumps its groundwater from 12 wells, inclusive of five wells that undergo nitrate removal through the Main Street Plant and the 17th Street Desalter Treatment Plant.6 TWS has approximately 9.8 million gallons (MG) of storage capacity in its six existing reservoirs and three booster stations. 6 City of Tustin. Water Master Plan, p. Executive Summary. 2000. 1 - 6 Final November 2004 City of Tustin .?.og()J-IrÖa'2Water Management Plan Section 2 SECTION 2 WATER SOURCES AND SUPPLIES 2.1 WATER SUPPLIES TWS receives approximately 85 percent of its water supply from the Orange County Groundwater Basin and 15 percent imported supplies from Metropolitan through EOCWD via MWDOC. These percentages reflect adjustments to the BPP for TWS's participation in MWDOC and OCWD's In-lieu Program; where groundwater production is reduced to allow available surface water to indirectly replenish the groundwater basin through Metropolitan's seasonal storage program. This provides TWS an opportunity to participate in enhanced basin management and replenishment programs operated by MWDOC, OCWD and Metropolitan. The current projected water supplies and demand are shown in Table 2.1. Table 2.1 Current and Projected Water Supply and Demand (acre-feet) Water Sources 2000 2005 2010 2015 2020 Supply Irnport 3,727 1,380 0 0 0 Groundwater Production 10,760 12,930 14,456 14,768 15,090 Total Water Supply 14,487 14,310 14,456 14,768 15,090 Demand Import 3,727 1,380 0 0 0 Groundwater Production 10,760 12,930 14,456 14,768 15,090 Total Water Demand 14,487 14,310 14,456 14,768 15,090 Source: City of Tustin Water Service 2.2 WATER SOURCES Groundwater The Orange County Groundwater Basin (Basin) underlies the north half of Orange County beneath broad lowlands. The Basin covers an area of approximately 350 square miles, bordering the Coyote and Chino Hills to the north, the Santa Ana Mountains to the northeast, the Pacific Ocean to the southwest, and terminates at the Orange County line to the northwest; where its aquifer systems continue into the Central Basin of Los Angeles County. The aquifers comprising the Basin extend over 2,000 feet deep and form a complex series of interconnected sand and gravel deposits. 2 - 1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 2 The Basin generally operates as a reservoir in which the net amount of water stored is increased in wet years to allow for manageable overdrafts in dry years. The Basin is recharged primarily by four sources: 1) local rainfall, which varies due to the extent of the annual seasonal precipitation; 2) base flow from the Santa Ana River; which includes recycled wastewater from treatment plants in Riverside and San Bernardino Counties; 3) imported water that percolates into the Basin; and 4) highly treated recycled wastewater, which is directly recharged into the Basin. The production capability of the Basin has increased as a result of increased wastewater reclamation and the blending of lower quality water with potable water for public distribution.7 TWS has taken a proactive approach to increasing groundwater production. In the past, the Basin underlying the TWS area was affected by years of excessive nitrogen usage from farming and past and present use of septic sewerage systems, which has resulted in high nitrate levels. Since 1996, TWS has developed new groundwater sources utilizing two nitrate removal treatment plants, the Main Street Plant and 17th Street Desalter Treatment Plant. Both treatment plants blend and treat groundwater high in nitrate levels: to reduce nitrate concentrations in accordance with the California Department of Health Services standards for safe drinking water. The withdrawal and treatment of this locally developed supply is projected to enhance the Basin's water quality over time. Over the past seven years, basin nitrate levels have declined significantly due to this treatment program.8 In addition, the operation for nitrate blending has allowed TWS other fiscal and operational benefits including a partial exemption for paying OCWD's BEA. OCWD establishes the BPP each water year. The BPP is based on groundwater conditions, availability of imported water supplies, and basin management objectives. The BPP is a major factor in determining the cost of groundwater production and was set at 75 percent for this UWMP reporting period.9 Groundwater production equal to or lesser than the BPP pays a replenishment assessment (RA). If groundwater production greater than the BPP occurs a BEA will be assessed. The BEA is an additional fee paid on each acre feet (AF) of water pumped above the BPP, making the cost of that water equal to the cost of imported water. Groundwater processed through the TWS' s treatment plants is exempt from the BEA due to mitigation of nitrates and total dissolved solids (TDS) removed from within the groundwater basin. This flexibility in producing over the BPP affords TWS the ability to provide water to its customers during periods of varying water availability. TWS participates in the MWDOC and OCWD In-Lieu Storage Program when it is made available. The In-Lieu Program allows TWS to receive Metropolitan water through the local distribution system in place of pumping groundwater. The In-Lieu Program indirectly replenishes the Basin by avoiding pumping. In the In-Lieu Program, OCWD requests TWS to halt pumping from specified wells. TWS then takes replacement water through its import connections, which is purchased by OCWD from Metropolitan 7 MWDOC 2000 Regional Water Management Plan Update. 8 City of Tustin. Water Master Plan, p. 1-1,2000. 9 As of July I. 2003, the OCWD Board has adjusted the BPP to 66% to mitigate the Basin's overdraft. 2-2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 2 (through MWDOC and EOCWD). OCWD purchases the water at a reduced rate, and then bills TWS the amount it would have had to pay for energy and the RA if it had produced the water from its wells. TWS currently has seven active clear groundwater wells as shown in Table 2.1. These wells are categorized as clear groundwater wells even though several wells require blending with either imported water or groundwater from another well in order to meet the nitrate Maximum Contaminant Level (MCL). Blending is not considered a treatment process by OCWD and blended groundwater is not exempt from the BEA. TWS currently treats groundwater from five wells high in TDS and/or nitrates at the Main Street Plant and 17th Street Desalter Treatment Plant as shown in Table 2.2. Groundwater produced through these treatment plants removes TDS and nitrates from the basin. As such, these wells are exempt from the BEA and are not included in BPP calculations. Table 2.2 Groundwater Production By Well (AF) Clear Groundwater 1995 1996 1997 1998 1999 2000 Beneta 945 609 690 865 613 737 Columbus-Tustin 2,013 1,999 1,422 1,942 1,347 1,656 ProsDect 713 561 579 571 464 825 Tustin Avenue 803 890 391 480 777 732 Vandenburg 1,560 2,044 1,760 1,859 1,460 2,111 Walnut Avenue 1,212 763 816 1,149 804 979 Yorba Street 874 769 600 724 589 653 Subtotal 8,120 7,635 6,258 7,590 6,054 7,693 Treated Groundwater 1995 1996 1997 1998 1999 2000 Main St. No.2 137 95 121 106 10 311 Main St. No.3 1,222 794 860 677 560 293 NewDort Ave. Well 0 193 939 971 1,171 1,130 17'" St. No.1 0 355 1,627 1,645 1,813 826 17'n St. No.2 0 82 413 440 540 506 Subtotal 1,359 1,519 3,960 3,839 4,094 3,066 TOTAL 9,479 9,154 10,218 11,429 10,148 10,759 Source: City of Tustin Water Service 2-3 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 2 Imported Water Supply TWS purchases approximately 15 percent of supplemental, treated, imported water from EOCWD, which is a member agency of MWDOC, which subsequently is a member agency of Metropolitan. Imported water purchases have decreased significantly in recent years as a result of groundwater system treatment and production improvements. Metropolitan imports raw water from northern California and the Colorado River, then treats the majority of water to potable standards at filtration plants located in Southern California. Metropolitan water imported from northern California through the State Water Project (SWP) is stored at Castaic Lake on the western side of the Metropolitan service area and at Silverwood Lake near San Bernardino. Metropolitan water imported from the Colorado River is stored at Lake Mathews in Riverside County. Metropolitan has recently completed the construction of the Diamond Valley Lake Reservoir in Hemet, California; an 800,000 AF capacity reservoir for regional seasonal and emergency storage for SWP and Colorado River water. The reservoir began storing water in November 1999 and reached the sustained water level by early 2002. Imported potable water delivered to EOCWD comes from a single source, the Diemer Filtration Plant, located north of Yorba Linda. Typically, the Diemer Filtration Plant receives a blend of Colorado River water from Lake Mathews through the Metropolitan lower feed and SWP water through the Yorba Linda Feeder. At this time, the blend is approximately a 50/50 split between the two sources. Reservoirs Storage is required to balance variations in demand (operational or regulatory storage), to provide water for fighting fire (fire storage), and to provide water when nonnal supplies are reduced or unavailable due to unusual circumstances (emergency storage). The existing storage system consists of six reservoirs with a combined storage capacity of approximately 9.8 million gallons as shown in Table 2.3. Table 2.3 Storage Reservoir Capacities Reservoir Depth Capacity (Ft.) (MG) Main Street 10.0 0.19 Newport Avenue 19.5 1.15 Foothill 24.0 2.91 Rawlings 21.0 3.97 Simon Ranch 26.0 1.40 John Lyttle 39.0 0.17 Total - 9.79 2-4 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 2 Recycled Water TWS currently does not directly utilize recycled water for municipal uses or provides service to any of its customers. TWS supports the efforts of the regional water management agencies to utilize recycled water as a primary resource for groundwater recharge in Orange County. These efforts also include recycling programs to irrigate crops, golf courses, parks, schools, business landscapes, residential lawns, and cooling systems within industrial sectors. In FY 1999/00, recycled water reuse totaled approximately 35,178 AF in Orange County, which is nearly double the amount that was used in 1989/90. Year 2020 projections equal a 108 percent increase in recycled water, to nearly 62,850 AF. to TWS's wastewater flows are directed to the OCSD for treatment. OCSD produces recycled water year round for OCWD's Green Acres Project (GAP), which provides recycled water for industrial customers and landscape irrigation in Fountain Valley, Santa Ana, Costa Mesa, Newport Beach and Huntington Beach. The GAP distributes approximately 7.5 million gallons per day (MGD) of tertiary treated water to irrigation and industrial users. It also produces recycled water for OCWD's groundwater injection system. The Groundwater Replenishment (GWR) System is a OCWD/OCSD joint project, where 140,000 AFY of treated wastewater will be utilized to recharge the Orange County Groundwater Basin, protect the Basin from further degradation due to seawater intrusion, and augment the supply of recycled water for irrigation and industrial use. The GWR System has been initiated in seven phases and is scheduled for completion by July 2oo7.1l 10 MWDOC"s 2000 Regional Urban Water Management, December 2000 II OCSD's September 2003 Monthly Progress Report on the Groundwater Replenishment System 2-5 Final November 2004 City of Tustin 2000 Urban Water Ma/1Bj)e_l1}ent P!éJ..nJJpda!~____----------_n_- Section 3 SECTION 3 WATER QUALITY 3.1 WATER QUALITY OF EXISTING SOURCES OF WATER AVAILABLE As required by the Safe Drinking Water Act, which was reauthorized in 1996, TWS provides annual Water Quality Reports to its customers. This mandate is governed by the Environmental Protection Agency (EPA) and the California Department of Health Services (DHS) to ensure the safety of potable water. TWS, OCWD, and Metropolitan vigilantly safeguard their water supplies through continuous testing, monitoring, and processes for water quality. In some cases, TWS, Metropolitan, and OCWD exceed DHS requirements and test for other contaminants that have been known for health risks. Local Supplies and Nitrate Testing Standards for potable water quality include primary and secondary contaminant levels, otherwise known as MCL. Primary MCLs are established for a number of organic and inorganic chemicals, trihalomethanes, and radioactivity pertaining to public health. Secondary MCLs are established for chemicals or characteristics pertaining to taste, odor, and appearance. TWS's groundwater meets State potable water quality standards with the exception of nitrate and/or total dissolved solids (TDS) for some of the wells. The primary MCL for nitrate is 45 mgll. The secondary MCL ran~e for TDS is 500 mgll (recommended), 1,000 mg/l (upper), and 1,500 mgll (short term). 2 As a primary MCL, nitrate is the principal water quality concern for TWS. Nitrates are present in groundwater due to contamination by decaying plant or animal material, manure, fertilizers, domestic sewage and/or geological formations containing soluble nitrogen compounds. Groundwater high in nitrate and TDS levels in TWS's service area is shown in Figure 3.1. In order to mitigate high nitrate levels, TWS operates two groundwater treatment plants, the Main Street Plant and 1711> Street Desalter Treatment Plant. The Main Street Plant uses two separate processes. The plant is capable of treating groundwater to below the nitrate MCL of 45 mgll through either reverse osmosis (RO) or ion exchange (IX). The product water is blended with lower quality nitrate water from another well and is then pumped into the distribution system, producing approximately 2,000 AFy.13 12 CityofTustin. Water Master Plan. p. 3-6 through 3-7, 2000 13 CityofTustin. Urban Water Management Plan. p. 6-1, 1995 3 -1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 3 ¡:rj Ji'- --"=~~ --,~,~~ --~~~~, 8 - 5~: EJ =~::.~ FIGURE 3-, 3-2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 3 The 17th Street Desalter Treatment Plant utilizes only RO to treat water with excessive concentrations of nitrates and TDS. This plant receives water from three different wells and treats approximately 3,000 AFY. Both treatment plants have been successful in lowering high nitrate water to achieve compliance with the nitrate requirements. In the past several years there has been a downward trend of nitrate concentrations in TWS wells. t4 TWS collects water samples daily to ensure that nitrate levels do not exceed the recommended level of 45 mgll of nitrate as NO3. The 1999 average was 23 mgll with a range of 16 to 28 mgll. t5 Groundwater OCWD is responsible for managing and protecting the Orange County Groundwater Basin. To ensure high water quality, OCWD's Board of Directors, adopted a Groundwater Quality Protection Policy in 1987 aimed at protecting and improving the basin's water quality supply. The policy includes water quality monitoring, cleanup of contaminants, management of toxic and hazardous wastes, and sharing of information. In addition, the Board established a $4.0 million toxic cleanup reserve account so that immediate action can be taken for toxic spills. Overall, OCWD is committed to maintaining the highest standards for water quality and has established a state of the art laboratory testing facility and monitoring program. Imported Water TWS receives supplemental, imported water from Metropolitan through EOCWD and MWDOC. Metropolitan receives raw water from northern California through the SWP and the Colorado River Aqueduct (CRA). Imported potable water delivered to TWS comes from a single source, the Diemer Filtration Plant. Typically, the Diemer Filtration Plant receives a SO/50 blend of SWP and Colorado River water. t6 Metropolitan water is treated in accordance with potable standards at filtration plants located throughout Southern California. Metropolitan tests and treats its water for microbial, organic, inorganic, and radioactive contaminants as well as pesticides and herbicides. Metropolitan is committed to ongoing water quality through tighter security measures, persistent monitoring, community outreach for public awareness of safe drinking water, and fluoride treated water to prevent tooth decay. t7 t4 City of Tustin. Water Master Plan. p. 3-7. 2000 IS City of Tustin. Water Quality Report for Consumers. 2000. 16 City of Tustin. Water Master Plan, p. 3-17 through 3-19. 2000. J7 Metropolitan Sources of your Drinking Water. Available: hUp: www.mwd.dstca.us/mwdh2o/pages/vourwater/ccrO2/ccrO5.html, August 27, 2003, 3-3 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 3 3.2 WATER QUALITY AFFECT ON WATER MANAGEMENT STRATEGIES AND SUPPLY RELIABILITY TWS has taken steps to insure an adequate and reliable water supply for the community. Well and storage studies have been made by independent consulting engineering firms to determine sufficient water supply and stringent water quality standards. Water management strategies and supply reliability are in place to mitigate for population growth and cyclic drought periods. TWS has consistently maintained standards for water quality, thereby enhancing reliability at a local level. TWS will continue to seek alternatives and modifications to improve existing facilities to obtain the highest quality water possible. 3-4 Final November 2004 City of Tustin 2000 Urba_nYVater M,an3flement Plan Update Section 4 SECTION 4 WATER RELIABILITY PLANNING 4.1 RELIABILITY OF WATER SUPPLIES FOR TUSTIN All Orange County communities and water agencies, including TWS, are facing increasing challenges in their role as stewards of water resources in the region. The region faces a growing gap between its water demand and supply. Increased environmental regulations and the collaborative competition for water from outside the region have resulted in reduced supplies of imported water. Population and economic growth in Orange County has increased water demand within the region, stressing the local supplies. MWDOC and OCWD are implementing water supply alternative strategies for the region and on behalf of their member agencies to insure available water in the future. Strategies are identified in the MWDOC 2000 Regional UWMP and the OCWD 2020 Master Plan Report that identify the following objectives: . Ensure that the groundwater basin is protected. Ensure that water is available for Orange County residents and businesses in the future. Minimize the consumer's water supply cost. Use a variety of sources. Reduce the salt balance in the groundwater basin. Provide flexibility to allow both MWDOC and OCWD to quickly take advantage of changing and new markets if and when they develop. . . . . . 4.2 RELIABILITY COMPARISON TWS's water usage is affected by numerous development changes, such as land use, population, climatic factors, economic conditions, and demographic variables. Historical water usage for TWS has been relatively constant over the past decade due to the area's "built-out" nature, but deviations in water usage caused by cyclical weather variations are evident. Historical water use was utilized in conjunction with population forecasts to project average demands for the planning period, year 2000 to year 2020. Water purchase and production records and SCADA data were used to develop demands by service zone and demand peaking factors. 18 Land use is not expected to change significantly in the next 20 years. However, some development and redevelopment projects are expected to slightly increase the population density of the service area through the year 2005 as shown in Table 4-1. The TWS 18 City of Tustin, Water Master Plan. 2000. 4 - 1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 4 population is projected to peak at 63,471 in 2005 with a gradually decrease in subsequent years through 2020. This population decrease is associated with an aging population, where the number of deaths is projected to exceed the number of births between 2005 and 2020. In the projected demand and supply comparison (Table 4.1), it is assumed that unusually dry or wet years will average out and the basis of the projection will be assessed from a historical water usage of 12,547 AF. Assuming that the average per capita water consumption (199 gpcd) will remain fairly constant, and that although population decreases, water demand would increase slightly due to the addition of service connections from limited development and/or redevelopment. Section 5, Water Use Provisions, presents additional water demand projections based on water use sectors. Table 4.1 Population and Water Supply/Demand Comparison'9 Actual Projected 1995 2000 2005 2010 2015 2020 TWS Population' 61,305 62,131 63,471 63,354 62,259 61,739 Demand (AFY) 12,547 14,487 14,310 14,456 14,768 15,090 Supply (AFY) 12,547 14,487 14,310 14,456 14,768 15,090 Groundwater 7,969 10,760 12,930 14,456 14,768 15,090 Import 4,578 3,727 1,380 0 0 0 I Center for Demographic Research, Cal State University Fullerton Table 4.2 shows urban water demand in the TWS service area for an average or "normal" water year, a single dry water year, and multiple dry water years. During periods of dry weather, demand would be approximately 8 percent more than in a "normal" weather year.20 Average/Normal Water Year' Table 4.2 Supply Reliability - Demand Factor (acre-feet) Sin Ie D Year Facto AF 12,250 1.08 13,230 Multi Ie D Facto 1.08 Years AF 13,230 IAverage using 1990/91 through 1994/95 actual consumption. 'Factors based on MWDOCs 2000 Regional Urban Water Management Plan. 19 Supplemental information provided by TWS. '0 Municipal Water District of Orange County. Regional Urban Water Management Plan, December 2000 4-2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 4 OCWD has the authority to adjust the BPP annually based on groundwater conditions, availability of imported water supplies, and basin management objectives to provide water to its customers during periods of varying water availability. In addition, TWS has an option to utilize basin groundwater produced through the treatment plants, to remove low quality water from the groundwater basin. In anyone dry year, OCWD would need to carefully manage its groundwater supply. In multiple dry years, OCWD may temporarily increase the BPP to reduce the dependence on Metropolitan supplies. The groundwater basin would be drawn down assuming the seawater barrier was still effective. Following a drought, the BPP may be temporarily decreased for a few years to more rapidly increase basin storage levels. However, a constant BPP is more effective in managing water supply costs. This analysis demonstrates that if imported water supplies were to be reduced due to a water supply shortage, then groundwater production could be expected to increase along with mandated water use efficiency measures to meet the demand for water. 4.3 VULNERABILITY OF SUPPLY FOR SEASONAL OR CLIMATIC STORAGE The City of Tustin lies in a semi-arid environment with mild winters, warm summers and moderate rainfall. The general region lies in the semi-pennanent high-pressure zone of the eastern Pacific. As a result, the climate is mild, tempered by cool sea breezes. The usually mild climatological pattern is interrupted infrequently by periods of extremely hot weather, winter stonns, or Santa Ana winds. The average annual temperature is 75 degrees Fahrenheit. July and August are usually the hottest months of the year. Precipitation is typically 9-14 inches, occurring mostly between November and April. Climatological data in California has been recorded since the year 1858. During the 20th century, California has experienced three periods of severe drought: 1928-34, 1976-77 and 1987-91. The year 1977 is considered to be the driest year of record in the Four Rivers Basin by the Department of Water Resources (DWR). These rivers flow into the San Francisco Bay Delta and are the source of water for the State Water Project. Southern California and, in particular, Orange County sustained few adverse impacts from the 1976-77 drought. This was due in large part to the availability of Colorado River water and groundwater stored in the Santa Ana basin. However, the 1987-91 drought created considerably more concern for Southern California and Orange County. As a result, the City is vulnerable to water shortages due to its climatic environment and seasonally hot summer months. In the case of water shortages, TWS will adhere to water use efficiency mandates of MWDOC and its support of the Metropolitan Water Surplus and Drought Management Plan (WSDM Plan), along with implementation of the TWS Water Shortage Contingency Plan. 4-3 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 4 4.4 ALTERNATIVE WATER SOURCES OR DEMAND MANAGEMENT MEASURES TWS projects that water demand will increase by 4.0 percent from 2000 to 2020. Potentially, TWS could purchase all the water it needs to serve its customers from Metropolitan through MWDOc. Any new water supply sources will be developed primarily to better manage the Santa Ana Groundwater Basin resource and to replace or upgrade inefficient wells, rather than to support population growth and new development. 4.5 MANAGEMENT OF WATER SYSTEM PRESSURES AND PEAK DEMANDS The TWS distribution system pressures is managed to ensure that water pressure is within acceptable ranges for both domestic use and fire flow demands. Peak demands can be met with combinations of increased pressure rates and water from storage tanks. Exchange or Transfer Opportunities TWS maintains three connections to the Metropolitan system and four emergency inter- connections with neighboring public water systems to ensure a backup supply in the event of a short-tean emergency situations. The Metropolitan connections are typically operated as constant flow sources, but they function as emergency standby sources when pressures drop significantly. The other interconnections are noanally closed, but the valves can be opened in emergency situations. In addition to emergency connections, water exchange or transfer opportunities outside of MWDOC, EOCWD, and OCWD are obtainable if needed. However, based on the current availability of groundwater and imported water, along with the opportunity for recycled water to TWS, no water exchanges or transfers are being considered at this time. Conjunctive Use Programs Groundwater storage programs will help to ensure adequate water supplies in the future and in time of drought. A conjunctive use program, where water is stored under ground during wet periods and pumped out during dry or drought periods, is an effective means of storage. The MWDOC 2000 Regional Urban Water Management Plan discusses a number of conjunctive use opportunities in Orange County, including the Groundwater Replenishment System, the East Orange County Wellfield Project, the West Orange County Wellfield Project, the Metropolitan Conjunctive Use Storage Program, and the Basin Cleaning Vehicle. The Metropolitan Conjunctive Use Storage Program will provide direct benefits for TWS, and each of the other named projects will also benefit the water reliability of TWS. Metropolitan and OCWD have proposed a conjunctive use project to fund approximately 7 -10 wells strategically sited throughout the OCWD service area that will extract approximately 20,000 AF of pre-stored water during call periods. The number of wells constructed depends upon the amount of storage, well capacity, and a three-year extraction period. The metropolitan wells are constructed, maintained and connected to 4-4 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 4 individual groundwater producer systems. Groundwater producers would be able to use the OCWD wells to provide backup pumping capacity for their water systems, but not to meet the OCWD Basin Pumping Percentage. The agreement is for 25 years, and the program may be cycled additional times depending upon future drought scenarios. During dry years, the additional wells would reduce TWS's dependence on imported water and would provide greater reliability. The cost of the alternative water supply would be equal to the full-service Metropolitan rate. Additional benefits of the program include greater reliability and flexibility, and managing coastal water levels and water quality in the region to protect the groundwater basin. Recycled Water Projects TWS supports current and future efforts of the regional water management agencies to utilize recycled water as a primary resource for groundwater recharge in Orange County, and the local agencies use of recycled water. Since TWS receives approximately 85 percent of its water supply from groundwater, it benefits from the use of recycled water. Ocean Desalting Ocean desalting generally has been viewed as a "last resort" water supply source. Communities such as Santa Barbara and Catalina Island have constructed desalting plants due to their difficulties in obtaining other supplies. However, many new plants are being proposed along the ocean coast next to power plants to assist in lowering the cost per AF of product water. Technological improvements have lowered and should continue to lower this cost in the future, but power remains a major expense. Environmental issues, permitting, and regulatory issues continue to be an area of concern even though desalted water supply is considered loo percent reliable, drought proof and the product water is of excellent quality because of technological developments. OCWD conducted a study, Seawater Desalination Concept Analysis, in March 1999, to determine the relative cost-effectiveness of ocean desalting compared to other potential supplies. The study concluded that desalted water unit costs range from $1,150 to $1,550 per AF. This continues to remain two to three times higher than the cost of imported water. However, more recent studies and proposals have shown the cost per AF of product water is reducing, resulting in a great source of local cost effective water. In August 2oo1, Metropolitan launched the Metropolitan Seawater Desalination Program. The program objectives were to provide financial and technical support for the development of cost-effective seawater desalination projects that will contribute to greater water supply reliability. A call for proposals produced five projects by member agencies including the Los Angeles Department of Water and Power, Long Beach Water Department, Municipal Water District of Orange County, San Diego County Water Authority, and West Basin Municipal Water District. Collectively, the projects could 4-5 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 4 produce approximately 126,000 AFy.21 This additional source of water supply would provide a greater water reliability for Southern California residents. 21 Metropolitan Water District of Southern California. Adaptability: Achievements in Conservation, Recycling and Groundwater Recharge. Annual Progress Report to the California State Legislature, p. 3. February Zoo3 4-6 Final November 2004 City of Tustin ?OOQUrba_n. ~~~ec Management ptan Section 5 SECTION 5 WATER USE PROVISIONS 5.1 PAST, CURRENT AND PROJECTED WATER USE AMONG SECTORS Since 1990, new connections are being added at a rate of approximately 0.50 percent per year. Due to new plumbing efficiency standards, landscape guidelines, and other water use efficiency programs, water demand is projected to increase at a yearly rate of approximately 0.43 percent. Table 5.1 shows past, current and projected water use between 1995 and 2020. The decrease in water usage from 1995 to 2oo0 was the result of the major impacts that policies, programs, and technology (ultra-flow toilets, high- efficiency clothes washers, etc.) had on water demand usage. Table 5.1 Historic and Projected Water Use by Sector (Acre-feet) Water Use Sectors 1995 2000 2005 2010 2015 2020 Single Family Residential . 7,186 7,365 7,549 7,737 7,930 Multi Family Residential . 2,836 2,906 2,978 3,052 3,128 Cornmercial . 956 979 1,003 1,029 1,053 Industrial . 337 337 337 337 337 Institutional . 490 490 490 490 490 Dedicated Irrigation Meter . 309 309 309 309 309 Fire . 35 35 35 35 35 Agricultural . 17 8 4 0 0 Unaccounted for System Losses (%) . 13.4% 10.3% 9% 9% 9% Total Water Use' 12,750 12,166 12,429 12,705 12,989 13,282 Source: City of Tustin Water Service 1995 data for water use sectors not available. I Brine discharge of 380 AF in 2000 and 450 AFIY thereafter is not accounted for in Total Water Use since it is discharged directly to the sewer system and not delivered to customers. Table 5.2 shows the number of water service customers by sector from the historical known connections in 1995 and 2000 to the projected water use connections from 2oo5 to through 2020. 5 -1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 5 Table 5.2 Number of Water Service Connections by Sector Water Use Sectors 1995 2000 2005 2010 2015 2020 Single Family Residential 11,420 11,676 11,967 12,266 12,572 12,886 Multi Family Residential 865 864 885 907 929 952 Commercial 761 754 772 791 810 830 Industrial 51 50 50 50 50 50 Institutional 89 159 159 159 159 159 Dedicated Irrigation Meters 186 192 192 192 192 192 Fire 152 156 156 156 156 156 Agriculture 4 8 4 2 0 0 Total Connections 13,528 13,859 14,185 14,523 14,868 15,225 Source: City of Tustin Water Service The MWDOC 2000 Regional Urban Water Management Plan, Section 2.3, identifies water use data by sector in Orange County utilizing the Metropolitan-Main forecast modeling22. Modeling was used to estimate water use by single-family residential, multi- family residential, non-residential and system loss usage. Table 5.3 compares the percent of water use by sector between TWS and Orange County. The results demonstrate that Tustin is slightly higher in residential water use (single and multi-family), lower in non- residential water use, and higher in average system water losses from the County average. Table 5.3 Urban Water Use by Sector for TWS and Orange County1 (%) Sinale-Familv Multi-Family Non-Residential2 System Losses" TWS Orange TWS Orange TWS Orange TWS Orange County County Countv Countv 2000 51 48 20 18 13 29 10.4 5 2005 54 49 21 17 13 30 10 5 2010 55 48 22 17 13 31 9 5 2015 55 47 22 17 13 31 9 5 2020 55 47 22 17 13 31 g 5 Source: Table 5.1 and MWDOC 2000 Regional Urban Water Management Plan, Table 2.4 'Orange County is composed of the 32 retaH water agencies with the county. 'Non-residential includes commercial, industrial, and institutional. 'Unaccounted water. 22 MWDOC teamed with Metropolitan and A&N Technical Services (consultant) to produce water demand projections using an econometric model, Metropolitan-Main. 5-2 Final November 2004 City of Tustin ?qO01)rbanl/l/(3~r}Aal}aJle.f12i3nt Plan Update Section 6 SECTION 6 WATER DEMAND MANAGEMENT MEASURES 6.1 INTRODUCTION TWS recognizes water use efficiency as an integral component of current and future water strategy for the City. Through the California Urban Water Conservation Council's (CUWCC) Memorandum of Understanding Regarding Urban Water Conservation in California (MOU), 14 Best Management Practices (BMPs) have been established. These BMPs refer to policies, programs, rules, regulation and ordinances, and the use of devices, equipment and facilities that, over the long term; have been generally justified and accepted by the industry as providing a "reliable" reduction in water demand. The BMPs are technically and economically reasonable and not environmentally or socially unacceptable, and are not otherwise unreasonable for most water suppliers to carry out. MWDOC is signatory to the MOU and provides the following on behalf of its member agencies: I. An on-going water use efficiency program support for member agencies. 2. Lead agency to implement water use efficiency programs that are more cost- effectively implemented on a regional basis rather than a local basis. 3. Secures outside funding for water use efficiency projects and programs from Metropolitan's Conservation Credits Program, United States Bureau of Reclamation, State Water Resources Control Board, and other sources. 6.2 DEMAND MANAGEMENT MEASURES (BMPs) TWS has continued to work with Metropolitan, MWDOC, and EOCWD towards implementing the 14 cost-effective BMPs, which are incorporated in regional water agencies rate surcharges. These 14 BMPs include technologies and methodologies that have been sufficiently documented in multiple demonstration projects that result in more efficient water use and conservation. BMP 1 - Residential Water Surveys for Single and Multi-Family Residential Customers Residential surveys in Tustin have been done on an informal basis by customer request through a high water bill complaint or meter reading that indicated higher than normal usage. In 1997, MWDOC began accessing Metropolitan funding assistance for residential surveys, which included retrofitting high water-using devices with low flow devices. 6 - 1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 BMP 2 - Residential Plumbing Retrofits MWDOC has tracked distribution and installation of 6,973 low-flow showerheads on behalf of TWS from FY 1995/96 and FY 1999/00.23 Estimated potential water savings from installing low-flow showerhead is projected at 42 AFY. BMP 3 - Distribution System Water Audits, Leaks Detection and Repair As addressed within TWS's Water Master Plan, TWS is evaluating their distribution system to meet all demand conditions, including peak hour demand and maximum day demand plus fire flow.24 In addition, the distribution system will be sized to allow an even distribution of flow to reservoirs during low demand periods. As part of the TWS Water CIP, a program has been developed and scheduling is in place to retrofit old distribution pipelines on an annual basis. These distribution system improvements include water main replacement budgeted at $2.0 million per year from 2000 to 2004 and budgeted at $1.0 million per year for eight years thereafter. TWS maintains an emergency response program that aggressively repairs main breaks, hydrant leaks or breaks, and meter leaks. A team of water service workers are available to permanently repair main or hydrant breaks, and promptly restore water service. Both proactive and "inform and response" approaches are utilized for water meter leaks. All meter leaks are investigated and repaired the same day, unless unable to do so, then next day service is performed. TWS's unaccounted for water percentage is monitored on a monthly basis. For Fiscal Year 200012001, unaccounted water usage was 10.4%.25 Distribution system leak detection and repairs have been made to lower the unaccounted water usage to the cost- effective standard set by the American Water Works Association (A WW A) of 9%. The level of unaccounted water will continue to be regularly monitored. If water losses were to rise appreciably and if cost-effective, a system wide survey of distribution facilities would be implemented. BMP 4 - Metering with Commodity Rates TWS requires meters for all new water connections and bills by volume of use. All water service connections, with the exception of dedicated fire services, are metered. TWS has retrofitted all existing unmetered connections to be metered. 23 Municipal Water District of Orange County, City of Tustin Water Conservation Achievement. In-house document. 24 City of Tustin. Water Master Plan. 2000. 25 MWDOC, Orange County Water Agencies: Water Rates, Water Systems Operations, and Financial Information, 2001. 6-2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 BMP 5 - Large Landscape Conservation Programs TWS participates in MWDOC's regional irrigation efficiency programs. MWDOC and Metropolitan provide sponsorship and performance-based funding for these programs to offset the cost to the customer. These programs include the Landscape Contractor Certification Program and the Protector Del Agua Irrigation Management Training.26 Landscape Contractor Certification Prol!ram: This program is designed to develop landscape irrigation budgets for dedicated landscape meters in cooperation with landscape contractors, property management companies, cities, school districts, and county facilities. Protector del Al!ua lrril!ation Traininl! Prol!ram. This program is free to TWS participants and offers information for the landscape professional on water management, enhanced landscape practices, and practical ideas to improve their bottom line. The Program allows landscapers to stay abreast of the policy and activities of the water agencies, and proper cultural practices within their industry. As part of the program, a Landscape Certification is offered. These programs directly benefit TWS through landscape contractor activities. Such activities include landscape irrigation budgets, green material management, computer controlled irrigation systems, and bilingual irrigation management training, including advanced irrigation schedule programming and plant identification to promote use of arid climate plantings. BMP 6 - High-Efficiency Washing Machine Rebate Programs Through MWDOC, a $100 rebate is in existence for the purchase of a high efficiency clothes washer for machines installed in Orange County. These machines have a potential to save up to 9,000 gallons of water per machine a year.27 Southern California Edison (SCE) initiated a High Efficiency Clothes Washer (HECW) Rebate Program in 1999. The HECW Program consists of two different tiers of rebates ($50 and $100) based on the level of energy savings by specified high-efficiency clothes washers. Metropolitan participated in the program, including Orange County, which has contributed $35 for the water savings. "Municipal Water District of Orange County. Regional Urban Water Management Plan. December 2000. 27 Consortium of Energy Efficiency, Residential Initiative Program, 1996. 6-3 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 BMP 7 - Public Information Programs MWDOC provides a comprehensive public information program built around communication, coordination and partnerships. TWS participates in the monthly Public Affairs Workgroup meetings conducted by MWDOC with its member agencies to coordinate public outreach efforts and share information and ideas on a countywide basis. TWS and MWDOC partners together on a public information education and outreach program that provides information regarding present and future water supplies, the demands for a reliable supply of high quality water, and the importance of implementing water efficient techniques and behaviors. TWS informs their water customers of upcoming public information events and encourages participation in water conservation efforts and programs sponsored by EOCWD, MWDOC, and Metropolitan. Through a variety of public information programs, MWDOC has assisted TWS in promoting water conservation awareness in the annual statewide Water Awareness Month held in May and the National Drinking Water Week; which includes a Children Drinking Water Festival geared to promote water education, a poster and slogan contest, and distribution of water education kits to classrooms. TWS regularly distributes a host of information materials to the public, including newsletters, fact sheets, brochures, issue bulletins, manager's reports, annual reports, briefing books, press kits, exhibit booths and displays. BMP 8 - School Education Programs Through MWDOC, water education programs are available to the TWS's public and private schools. Specific programs with State-approved curriculum are offered for students from kindergarten through high school. Programs include classroom presentations by MWDOC staff teachers, audio-visual programs, hands-on activities, take-home materials for students, and workbooks and supplies for teachers. During the 1999/00 school year, nearly 120,000 students were educated in Orange County through MWDOC's program and over 500,000 students since 1995.28 The number of students educated annually has doubled since 1979/80. The number of students reached in the City of Tustin through MWDOC's Water Education Program is shown in Table 6.1. Table 6.1 MWDOC Water Education Program Number of Students Reached in Tustin 1995/96 1996/97 1997/98 1998/99 1999/00 Total Tustin 538 2,012 1,300 1,590 3,525 8,965 Source: MWDOC - 2000 Regional Urban Water Management Plan 28 Municipal Water District of Orange County, Regional Urban Water Management Plant, December 2000. 6-4 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 BMP 9 - Commercial, Industrial and Institutional Programs In FY 1995/96, MWDOC designed and implemented a Commercial, Industrial and Institutional (CII) Water Use Survey Program on behalf of its member agencies with funding from Metropolitan and the U.S. Bureau of Reclamation (USBR). Through FY 1995/96 to 1999/00; five CII sites were surveyed for TWS on the behalf of MWDOC. A trained auditor visited each location to survey all water using devices at each site. Participants received a report detailing potential water saving areas, both through behavioral modifications and the retrofitting of specific low-flow devices. During fiscal years 1997/98 and 1998/99, MWDOC developed an in-house CII rebate program utilizing funding provided by Metropolitan and the Orange County Sanitation District (OCSD). MWDOC's CII rebate program signified the first time MWDOC was able to acquire funds from the local waste water agency (OCSD) to assist in the installation of retrofit devices aimed at reductions in waste water flows. Participants from the CII Program were solicited to participate with rebate funds targeting specific devices identified through the survey process. Tustin was successful in securing two service area participants in the rebate program. During fiscal year 1999/00, MWDOC phased out its own rebate program and began arrangements to participate in Metropolitan's regional rebate program. MWDOC will work with its member agencies, including Tustin, to target smaller commercial and institutional sites to retrofit high water using devices. In order to provide the highest possible funding incentive, MWDOC is looking to OCSD, OCWD, and highly motivated member agencies to augment the funding provided by Metropolitan. Since 1999, TWS has been participating in OCWD's Hotel and Motel Water Conservation Program. This program offers free laminated hangers to promote the reuse of towels and bed linens for multiple day usage. In addition, hotels and motels that sign up for the program also receive a bilingual instructional video for use in training their housekeeping staff. This program allows the guests and the hotel or motel to be environmentally aware while reducing water use, lowering costs, savings energy, and reducing pollution. Through OCWD, TWS promotes a Restaurant Water Conservation Program that offers free laminated tent cards for restaurant to place on their tables. The cards explain to guests the restaurants' interest in helping conserve water for Orange County and that the restaurant will only be serving water upon request. TWS will continue to promote and support the regional CII Program through ongoing program endorsement and distribution of informational brochures. MWDOC will provide program effectiveness and conservation savings information, and will fund the program through their budget. 6-5 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 BMP 10 - Wholesale Agency Assistance Programs As a member agency of MWDOC, TWS receives assistance to implement water use efficiency programs. MWDOC has provided the following assistance: 1) acquisition of annual grant funding from a variety of sources; 2) implementation of regional programs on behalf of Tustin and all Orange County water agencies; and 3) technical assistance regarding local program design and implementation, benefit/cost analysis, conservation based rate structures, and program marketing. TWS will continue to work cooperatively with MWDOC to participate in regional BMP programs, informational groups and projects, determination of the most cost-effective BMPs, and tailoring programs specific to TWS. BMP 11 - Conservation Pricing A definition of conservation pricing is "rates designed to recover the cost of providing service." TWS's rates are designed in this manner. Customers are billed bimonthly on the basis of a commodity charge, a fixed customer charge.29 TWS rate structure for FY2000/2001 is a tiered system with the following rates based on consumption; I) up to 6 ccf - $0.35/ccf (I ccf = 748 gallons); 2) up to 40 ccf - $1.l2/ccf; 3) up to 60 ccf - $1.20/ccf; and 4) above 60 ccf - $1.32/ccf. The customer charge is based on meter size, which for a standard residential meter is $16.00 per the bimonthly billing period. The commodity component of the monthly water service charge is structured to recover the actual cost of water, including the groundwater replenishment assessment (RA), imported water charges, and energy and maintenance on TWS's water production facilities. The fixed portion of the monthly charge is designed to cover the cost of water distribution, meter reading and maintenance of the water distribution system, as well as a portion of the capital improvement program. Distribution and production are distinct programs in the annual water division budget. Applicable portions of administration, engineering and water quality costs were assigned to each rate program when the current water rates were designed. 29 MWDOC, Orange County Water Agencies: Water Rates, Water Systems Operations and Financial Information, ZOO!. 6-6 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 BMP 12 - Conservation Coordinator TWS assigns staff to work closely with the Water Use Efficiency staff at MWDOC to provide successful execution of regional programs, and those conducted on behalf of TWS. TWS may either directly participate in or be represented by MWDOC in regional workgroups including the Water Use Efficiency Workgroup, Public Affairs Workgroup, County of Orange Supervisor's Water Task Force, and the Orange County Water Use Efficiency Steering Committee. BMP 13 - Water Waste Prohibition The City Council passed Ordinance No. 1063 (April 1991) which allows passage of a resolution from time to time to impose charges, surcharges, and penalties as deemed necessary to accommodate water allocations, charges and penalties imposed by Metropolitan, and other factors affecting the supply and cost of water to the City. Ordinance No. 1063 is located within Appendix D. This Ordinance includes provisions stating that at no time shall water be wasted or used unreasonably. The ordinance is phased into four water conservation stages from voluntary compliance (water watch) to mandatory compliance (water emergency). The ordinance prohibits "gutter flooding," where water is wasted from inefficient irrigation practices or any other water usage onto any public street or alley. This ordinance is also incorporated into the City's Water Shortage Contingency Plan to comply with Section 1O631(e)(6) of the Act "Penalties or charges for excessive use. " Resolution 92-49 amends Ordinance No. 1063 by rescinding all additional charges and penalties for excessive water use based on Metropolitan's adjustment in voluntary water use reduction. Metropolitan had imposed severe financial penalties on the City if it were not to achieve a 30 percent reduction in imported water purchases; however, in 1992, Metropolitan modified its requirements to request a voluntary 10 percent reduction in water use and rescinded its penalties for excessive use. BMP 14 - Residential Ultra-Low-Flush Toilet (ULFT) Program The ULFT Program is sponsored by the Water Use Efficiency Steering Committee, which includes OCWD, MWDOC, OCSD and other cities and water districts in Orange County. This Steering Committee participates in underwriting the no-cost, ultra-low-flush toilet program that encourages county residents to replace inefficient toilets. The program could eventually replace 900,000 residential toilets in Orange County, creating an annual savings of approximately 25,000 AF of water per year. TWS customers have participated in various regional programs that are jointly funded from the foregoing entities through ULFT Give-Aways and ULFf Rebate Programs. From 1995 through 2000, approximately 3,770 toilets that were 3.5 gallons per flush or more were replaced with ULFfs (Table 6.2). Total water savings from these toilets are estimated at 138 AFY.3° 30 Municipal Water District of Orange County, City of Tustin Water Conservation Achievement, In-house document. 6-7 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 Table 6.2 ULFT Replacements in Tustin Source: MWDOC, 2000 Regional Urban Water Management Plan 6.3 CAPITAL IMPROVEMENT PROJECTS (CIP) TWS has developed a Water Capital Improvement Program (CIP) to minimize the dependence on imported water supply and to foster a program to increase the groundwater quality in the aquifer underlying the service area. TWS's goal is to develop local groundwater sources that when combined with treated groundwater supplies will provide 100 percent of the required supply within the next 20 years. Together with Metropolitan's Local Resource Program (Groundwater Recovery), TWS is implementing a groundwater development program to utilize existing wells and drill additional wells to make use of the local groundwater supply. TWS has seven existing untreated- groundwater wells. As part of the CIP, the following reservoirs will have major to minor retrofits: I) the existing Main Street and Rawlings Reservoirs will be replaced at the same sites to increase the system storage capacity to 13.83 MG; 2) the Foothill and Simon Ranch Reservoirs will have structural rehabilitation, including replacement of the Simon Ranch Booster Pump Station in FY 2005/06; and 3) the John Lyttle and Newport Avenue Reservoirs will have minor rehabilitation. Regarding the distribution system, the CIP addresses resizing of the pipeline system to distribute water throughout the system to meet all demand conditions including peak hour demand and maximum day demand plus fire flow. 6.4 LANDSCAPING AND IRRIGATION PRACTICES TWS is promoting water conserving related landscape activities to its customers by demonstrating the practicality and the appeal of the latest technology and research into their landscaping and irrigation practices. TWS is evaluating several models of Evapotranspiration-based irrigation controllers, which will reduce water usage by 25% to 35%. Since 1995, Tustin's median designs have utilized an inward sloping perimeter to retain water. Irrigation systems are monitored and adjusted constantly to prevent overspray and over-watering. If a system is wasting water, the system is immediately repaired, 6-8 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 modified, or replaced. Drought resistant landscaping is used wherever possible to reduce water consumption. 6.5 ALTERNATIVE WATER CONSERVATION PROGRAMS In addition to meeting the Metropolitan and MWDOC BMP's requirements, TWS has implemented additional water conservation related activities, including outreach programs. TWS is continuing to work towards the development and implementation of outreach programs designed to identify high water consumption. TWS is dedicated to being responsive to broken sprinklers and water misuse when notified by its customers. Upon identification of high water consumption or misuse, TWS will efficiently investigate the report and inform the customer of any problems found, as well as possible water conservation measures. An informational packet containing water conservation tips and landscaping ideas, as well as a water conservation kit is available to customers upon request or within the Public Works Department. 6.6 WATER USE EFFICIENCY PROGRAM SCHEDULING AND EFFECTIVENESS The Orange County Water Plan, Focus on Orange County's Water Future, as discussed in the MWDOC's Regional UWMP, adapts and applies the Metropolitan-Main Model. The Model forecasts water demands on both a regional basis and at the retail level to produce an estimate of future water demand, the identification of potential benefits, and costs associated with implementation of the BMPs. The conservation potential by retail water agency is used to develop BMP implementation plans using a "least cost approach" to develop a "most cost effective" package of BMP programs customized for each retail agency. A Conservation Savings Model estimates the potential water conservation from implementation of the BMPs. Once the potential water savings are quantified, programs can be developed to target potential savings. From this model, implementation plans will be developed by MWDOC for each retail agency, detailing the most cost-effective BMPs, including wholesale-level wastewater. Quantifiable BMP programs include ULF toilet and low-flow showerhead retrofits, water audits and conservation pricing. Programs and activities that are not quantifiable, but known to save water, include public information, school education, conservation coordinator, water waste prohibitions, and metering with commodity rates. Water use efficiency is an integral part of water supply planning and operations. TWS works to improve the understanding of costs and benefits of conservation so that investment decisions are efficient and effective at meeting program goals. As a cooperative member of California's conservation community, TWS supports MWDOC's significant contributions to the development and coordination of water use efficiency activities for its member agencies and throughout Orange County. 6-9 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 6 Many of the BMPs have been implemented based upon the MOO schedule, others are being implemented, and all BMPs will continue on an ongoing basis. TWS will continue to work cooperatively with MWDOC to implement cost-effective BMPs. The methods to evaluate effectiveness are shown in Table 6.3 as determined by MWDOC. Table 6.3 Water Use Efficiency Best Management Practices Implementation Schedule and Methods to Evaluate Effectiveness Best Management Implementation Methods to Practice Schedule Evaluate Effectiveness 1. Residential Surveys On-going Econometric Savings Analysis 2. Plumbing Fixture Retrofits On-going Plumbing Fixture Saturation Study 3. Distribution System On-going Monitor Pre-Screening Survey Results 4. Metering On-going Water agency policy for all new connections 5. landscape On-going Econometric Savings Analysis 6. Clothes Washers On-going 7. Public Information On-going Not measurable, maintain minimum level of implementation 8. School Education On-going Not measurable, maintain minimum level of implementation 9. Commercial, Industrial and On-going Econometric Savings Analysis Institutional 10. Wholesaler Assistance On-going Not measurable, maintain minimum level of assistance 11. Conservation Pricing On-going Econometric Savings Analysis 12. Conservation Coordinator On-going Program effectiveness 13. Waste Water Prohibitions On-going 14. Ultra-low-Flush Toilets On-going Econometric Savings Analysis Source: MWDOC 6 - 10 Final November 2004 City of Tustin 2QOO Urban WéJtf)rJv1é'1nagement P/3I7- UPd..~t~- - ___n______-___5.fJctiOI1.!. SECTION 7 WATER SHORTAGE CONTINGENCY PLAN 7.1 INTRODUCTION One dry year does not constitute a drought in California, but does serve as a reminder of the need to plan for droughts. California's extensive system of water supply infrastructure, its reservoirs, groundwater basins, and inter-regional conveyance facilities, mitigates the effect of short-term dry periods. Defining when a drought begins is a function of drought impacts to water users. Drought is a gradual phenomenon. Although droughts are sometimes characterized as emergencies, they differ from typical emergency events. Droughts occur slowly, over a multiyear period. Drought impacts increase with the length of a drought, as carry-over supplies in reservoirs are depleted and water levels in groundwater basins decline. In order to meet short-term water demand deficiencies, and short- or long-term drought requirements, TWS has implemented its own water shortage policy, Water Shortage Contingency Plan, in accordance with MWDOC and OCWD water shortage/drought activities. TWS will respond to MWDOC's water shortage and drought management policy, which is based on Metropolitan's adopted Water Surplus and Drought Management Plan (WSDM Plan). The WSDM Plan guides the management of regional water supplies to achieve the reliability goals of Southern California's Integrated Water Resource Plan. 7.2 THREE YEAR MINIMUM WATER SUPPLY According to MWDOC, Metropolitan projects 100 percent reliability for full-service demands through the year 2010 through their modeling under the WSDM Plan. Additionally, through a variety of groundwater reliability programs conducted by OCWD and participated in by TWS, local supplies are projected to be maintained at demand levels. TWS anticipates the ability to meet water demand through the next three years based on the driest historic three-years as shown in Table 7.1. Table 7.1 Tustin Water Service Minimum Water Supply/Demand Based on Driest 3-Year History (A F) 2001 2002 2003 Supplv 14,328 13,991 13,742 Groundwater 10,730 10,609 10,489 ImDort 3,598 3,382 3,253 Demand 12,860 12,860 12,860 Difference 1,468 1,131 882 7 - 1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 7 7.3 SUPPLEMENTAL WATER SUPPLIES Over the past several years, TWS has taken steps to insure an adequate and reliable water supply for the community. Well and storage studies have been made by independent consulting engineering finns to detennine sufficient water supply and emergency supplies. Future studies will be made of the TWS transmission and distribution system to increase its reliability and provide a better quality of water to meet the needs of it's of customers. Approximately 85 percent of the TWS water is supplied from groundwater wells from the Santa Ana River groundwater basin. From 1995 to 2000, TWS treatment facilities provided an average of 29 percent of the total amount of groundwater pumped. Basin groundwater produced through treatment plants is exempted from the BEA. The remaining 15 percent of TWS's supply is from Metropolitan imported water through MWDOC and EOCWD. MWDOC and OCWD have implemented water supply alternative strategies for the region and on behalf of its member agencies to insure available water in the future and during shortages. Supplemental water supplies are discussed in more detail in Section 4, Water Reliability Planning. Supplies discussed include management of water system pressures and peak demands, water exchanges or transfers, conjunctive use programs, recycled water projects, and desalination. These options include programs for expanded local supplies. Additional actions to manage limited supplies would include both operational and demand management measures, encompassing alternative rate structures, distribution of water use efficiency devices, and enhanced school education and public infonnation. The MWDOC 2000 Regional UWMP further discusses programs by MWDOC, OCWD and Metropolitan for the benefit of the region and its member agencies, including Tustin. 7.4 WATER SHORTAGE CONTINGENCY PLAN The Tustin City Council adopted the Water Shortage Contingency Plan on February 3, 1992, by Resolution No. 92-15, which are both shown in Appendix E. This four-stage program, known as the Water Management Program, establishes water conservation measures ranging from a voluntary 10 percent reduction at Stage 1, through a mandatory 5 percent reduction at Stage 4. Resolution No. 92-15 provides TWS the ability to obtain a higher level of water efficiency and allows the City Manager, through Council ratification, the flexibility to adjust to any rapidly varying water supply situation. As previously discussed in Section 6, Ordinance No. 1063, adopted in April 1991, established a mandatory water conservation and rationing program to reduce consumption by 15 percent. 7-2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 7 Historic Council actions demonstrate a firm commitment to managing water in times of shortage and the value of planning for the future. The following additional water management related resolutions and ordinances that the City Council has enacted are located in Appendix F: . Resolution No. 96-18 (2/20/96) - Adoption of the 1995 Urban Water Management Plan . Ordinance No. 1060 (3/18/91) - Adoption of the City's Water Management Plan that maintains an adequate water supply for health and welfare of customers depending on seasonal demand considerations as well as mandatory provision to reduce gutter flooding. A copy of this ordinance is included in the City's Water Shortage Contingency Plan. . Resolution No. 90-53 (5/21/90) - Adoption of a voluntary water conservation program to reduce water consumption by 10 percent. The City Manager is authorized and directed by City Council to implement provisions of the Water Management Program. All actions taken will be confirmed at the earliest practicable time by the City Council. The City would also consider and incorporate the policies of MWDOC and OCWD water shortage/drought activities, including Metropolitan's WSDM Plan. Details of the WSDM Plan can be reviewed in the Metropolitan 2000 Regional Urban Water Management Plan. Rationing Stages and Reduction Goals In order to meet short-term water demand deficiencies and short- or long-term drought requirements, TWS will implement its own water shortage policy in accordance with the City's Water Conservation Program and the policy of MWDOC, which will likely be based on Metropolitan's WSDM Plan. The WSDM Plan guiding principle is to minimize adverse impacts of water shortage and ensure regional reliability. From this guiding principle come the following supporting principles: . Encourage efficient water use and economical local resource programs. . Coordinate operations with member agencies to make as much surplus water as possible available for use in dry years. . Pursue innovative transfers and banking programs to secure more imported water for use in dry years. . Increase public awareness about water supply issues. The WSDM Plan defines the expected sequence of resource management actions that Metropolitan will take during surpluses and shortages of water to minimize the probability of severe shortages that require curtailment of full-service demands. The 7-3 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 7 MWDOC 2000 Regional UWMP details each of the surplus and shortage stages, actions by stage and allocation of supply. Mandatory allocations are avoided to the extent practicable; however, in the event of an extreme shortage: an allocation plan will be adopted in accordance with the principles of the WSDM Plan. Under a drought scenario, Metropolitan replenishment water may be temporarily unavailable to OCWD for replenishment of the groundwater basin. OCWD would first attempt to purchase other water supplies at a similar cost to replace the Metropolitan source. If no alternative water supply sources are economically available, OCWD may temporarily adjust the Basin Production Percentage (BPP) to meet local demand and refill the basin in the future. OCWD used this strategy during the later years of the 1986-92 drought period. If this option is not available, then OCWD may lower the BPP to match the basin's Dependable Yield. Under this last scenario, TWS may request increased import water along with conservation and water use efficiency measures by water use category to meet demand. The OCWD Master Plan Report, Chapter 14 - Basin Management Issues, further describes OCWD activities that may affect TWS during a declared drought. Health and Safety Requirements The primary goal of TWS is to preserve the health and safety of its personnel and the public. Meeting this goal is a continuous function of the system - before, during and after a disaster or water shortage. Fire suppression capabilities will continue to be maintained during any water shortage contingency stage. Some water needs are more immediate than others. The following list of public health needs and the allowable time without potable water is a guideline and will depend on the magnitude of the water shortage: . Hospitals - continuous need . Emergency shelters - immediate need . Kidney dialysis - 24 hours . Drinking water - 72 hours . Personal hygiene, waste disposal - 72 hours Based on commonly accepted estimates of interior residential water use in the United States, Table 7.2 indicates per capita health and safety water requirements. During the initial stage of a shortage, customers may adjust either interior and/or outdoor water use in order to meet the voluntary water reduction goal. 7-4 Fmal November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 7 Table 7.2 Per Capita Health and Safety Water Quantity Calculations Non-Conserving Habit Changes 1 Conserving Fixtures2 Fixtures Toilet 5 flushes x 5.5 gpf 27.5 3 flushes x 5.5 gpf 16.5 5 flushes x 1.6 gpf 8.0 Shower 5 min. x 4.0 gpm 20.0 4 min. x 3.0 gpm 12.0 4 min. x 2.5 gpm 10.0 Washer 12.5 gpcd 12.5 11.5 gpcd 11.5 11.5 gpcd 11.5 Kitchen 4 gpcd 4.0 4 gpcd 4.0 4 gpcd 4.0 Other 4 gpcd 4.0 4 gpcd 4.0 4 gpcd 4.0 Total 68.0 48.0 37.5 CCF per capita per year 33.0 23.0 18.0 gpcd = gallons per capita per day gpf = gallons per flush gpm = gallons per minute ccf = hundred cubic feet I Reduced shower use results from shorter and reduced flow. Reduced washer use results from fuller loads. 2 Fixtures include ULF 1.6 gpf toilets, 2.5 gpm showerheads, and efficient clothes washers. Priority by Use Conditions prevailing in the Tustin area require that the water resources available be put to maximum beneficial use to the extent to which they are capable. The waste or unreasonable use, or unreasonable method of use of water should be prevented, and that water conservation and water use efficiency is encouraged with a view to the maximum reasonable and beneficial use thereof in the interests of the people of the City and for the public welfare. Preservation of health and safety will be a top priority for TWS. 7.5 PROHIBITIONS, CONSUMPTION REDUCTION METHODS AND PENALTIES Any violation of the TWS's Water Management Program, including waste of water and excessive use, is a misdemeanor. In addition to any other remedies that TWS may have for enforcement, service of water would be discontinued or appropriately limited to any customer who willfully uses water in violation of any provision of the ordinance. TWS will follow the allocation plan guidelines of MWDOC as adopted by Metropolitan once an extreme shortage is declared. This allocation plan will be enforced by Metropolitan using rate surcharges. MWDOC will follow the guidelines of the allocation plan and impose the surcharge that Metropolitan applies to its member agencies that exceed their water allocation. TWS would correspondingly impose surcharges or penalties in accordance with its ordinance on excessive use of water. 7-5 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 7 7.6 REVENUE AND EXPENDITURE IMPACTS AND MEASURES TO OVERCOME THOSE IMPACTS TWS receives water revenue from a commodity charge and a fixed customer minimum charge. The rates have been designed to recover the full cost of water service in the commodity charge. Therefore, the total cost of purchasing water and producing groundwater would decrease as the usage or sale of water decreases. Should an extreme shortage be declared and a large reduction in water sales occur for an extended period of time, TWS would monitor projected revenues and expenditures, and then reexamine its water rate structure. 7.7 MECHANISM TO DETERMINE REDUCTIONS IN WATER USE Under normal conditions, potable water production figures are recorded daily. Weekly and monthly reports are prepared and monitored. This data will be used to measure the effectiveness of any water shortage contingency stage that may be implemented. As stages of water shortage are declared by MWDOC, TWS will follow implementation of those stages and continue to monitor water demand levels. It is not until Shortage Stage 5 that Metropolitan may call for extraordinary conservation. During this stage, Metropolitan's Drought Program Officer will coordinate public information activities with MWDOC and monitor the effectiveness of ongoing conservation programs. Monthly reporting on estimated conservation water savings will be provided. TWS will participate in monthly member agency manager meetings with both MWDOC and OCWD to monitor and discuss monthly water allocation charts. This will enable TWS to be aware of import and groundwater use on a timely basis as a result of specific actions taken responding to the Water Shortage Contingency Plan. 7.8 PREPARATION FOR CATASTROPHIC WATER SUPPLY INTERRUPTION Water Shortage Emergency Response A water shortage emergency could be catastrophic event such as result of drought, failures of transmission facilities, a regional power outage, earthquake, flooding, supply contamination from chemical spills, or other adverse conditions. TWS maintains and exercises a comprehensive Emergency Management Program for such emergencies including Water Shortage Emergency Response. The Water Shortage Emergency Response Plan includes the organizational and operational policies and procedures required to meet the needs of sufficient water for firefighting operations and safe drinking water, and provides a system for organizing and 7-6 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 7 prioritizing water repairs. It also cites authorities and specifies the public and private organizations responsible for providing water service. TWS will operate under nonnal operating procedures until a situation is beyond its control. This includes implementation of any allocation plan passed through by MWDOC for Metropolitan and water shortage contingency plans of OCWD. If the situation is beyond TWS's control, the City's Emergency Operations Center (EOC) may be activated to better manage the situation. If the situation warrants, the EOC may be activated at which time a water representative will be sent to the EOC to coordinate water emergency response. In the event the EOC is activated, the City Management Policy Group will set priorities. When the EOC is activated, the TWS will take its direction from the EOC. An EOC Action Plan will be developed in the EOC that will carry out the policies dictated by the Policy Group. The TWS will use the EOC Action Plan in detennining its course of action. If the situation is beyond TWS and the City's control, additional assistance will be sought through coordination with the Water Emergency Response Organization of Orange County and the County Operational Area. Water Emergency Response Organization of Orange County (WEROC) In 1983, the Orange County water community developed a Water Supply Emergency Preparedness Plan to respond effectively to disasters impacting the regional water distribution system. This plan was jointly funded by three regional water agencies: Coastal Municipal Water District, MWDOC, and OCWD, with the support and guidance from the Orange County Water Association (OCW A). The collective efforts of these agencies resulted in the fonnation of the countywide Water Emergency Response Organization of Orange County (WEROC), which is unique in its ability to provide a single point of contact for water representation in Orange County during a disaster. WEROC perfonns coordination of infonnation and mutual-aid requests among Orange County water agencies, and conducts disaster training exercises for the Orange County water community and with Metropolitan. The MWDOC 2000 Regional Urban Water Management Plan, Section 7, presents the details of WEROC. TWS actively participates in the WEROC training exercises and provides WEROC with listing of equipment, vehicles, and materials that can be made available to other agencies during an emergency. Additional emergency services available to TWS through the State of California include the Master Mutual Aid Agreement, WARN and Plan Bulldozer. The Master Mutual Aid Agreement includes all public agencies that have signed the agreement and is planned through the California Office of Emergency Services. The California Water Agencies 7-7 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 7 Response Network (WARN) includes all public agencies that have signed the agreement to WARN and provides mutual aid assistance. WARN is managed by a State Steering Committee. Plan Bulldozer provides mutual aid for construction equipment to any public agency for the initial time of disaster when danger to life and property exists. 7-8 Final November 2004 City of Tustin ?'CZCJQJ:1riJan Wat8!.FiI1é1Il11IlfJrT7.ent£'éJIlLjpdate. Section 8 ------------------ SECTION 8 WATER RECYCLING 8.1 RECYCLED WATER The Southern California region, from Ventura to San Diego, discharges over I billion gallons (1.1 million AFY) of treated wastewater to the ocean each day. This is considered a reliable and drought-proof water source and could be utilized to greatly reduce southern California's reliance on imported water. As technological improvements continue to reduce treatment cost, and as public perception and acceptance continue to improve, numerous reuse opportunities should develop. TWS currently does not utilize or serve recycled water to any of its customers or for municipal uses. However, TWS supports efforts of the regional water management agencies to utilize recycled water as a primary resource for groundwater recharge in Orange County. Since TWS receives approximately 85 percent of its water supply from groundwater, it indirectly uses and benefits from recycled water. 8.2 WASTEWATER COLLECTION AND TREATMENT IN TUSTIN The Orange County Sanitation District (OCSD) is a "special district," single purpose entity formed solely for the processing and disposal or reuse of wastewater and its residuals. The District serves a population of approximately 2.3 million people living in a 476 square mile area that encompasses the majority of metropolitan Orange County, including 23 of the County's 34 cities. During 2002, an average daily sewage influent rate of 236 MGD was treated and was estimated in an amount of 542 wet tons per day of biosolids were produced.31 OCSD operates the third largest wastewater system on the west coast, consisting of over 500 miles of trunk sewers and 200 miles of subtrunk sewers, two regional treatment plants, and an ocean disposal system. Sewer Systems The Tustin sewer system includes approximately 51.5 miles of mostly 8-inch vitrified clay pipe (VCP) sewer lines and 1,033 manholes. Sewer infrastructure in the City is currently owned and operated by OCSD, as well as by Irvine Ranch Water District in the newer sections of the City, including Peters Canyon. In February 2004, OCSD began widespread public outreach campaign to inform the Tustin population that OCSD would be performing sanitary sewer construction work beginning in March 2004 and scheduled for completion by November 2005. The project consists of replacing sewer pipes, water mains and abandoning deteriorated pips and 31 Orange County Sanitation District, Annual Report: Operations and Maintenance, October 2002. 8 - 1 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 8 replacing them with new pipes to withstand the increased flow generated by the increased population. Tustin's wastewater flows are directed to OCSD for treatment. The OCSD sewerage system collects wastewater through an extensive system of gravity flow sewers, pump stations, and pressurized sewers (force mains). The sewer system consists of 12 trunk sewer systems ranging in size from 12 to 96 inches in diameter and collectively, with local collection lines, OCSD owns and operates 650 miles of lines. Additionally, there are 39 sewer interconnections and 87 diversions to maximize conveyance of flows through the system. Twenty pump stations are used to pump sewage from lower lying areas to the treatment plants. OCSD Treatment Plants Tustin directs is wastewater flow to OCSD's Reclamation Plant No.1, which is located in Fountain Valley about 4 miles northeast of the ocean and adjacent to the Santa Ana River. The plant provides advanced primary and secondary treatment and supplies secondary treatment water to OCWD, which further treats and distributes the water for various uses, including irrigation, groundwater recharge, and operation of the coastal seawater barrier system. If needed, Tustin could direct its wastewater flows to OCSD's Treatment Plant No.2. The treatment process at Reclamation Plant No.1 includes secondary treatment through an activated sludge system. This plant receives raw wastewater from six major sewer pipes, often called "interceptors" or "trunk lines." This plant also receives backwash brine from the OCWD's Water Factory 21 treatment plant. The secondary effluent is either blended with the advanced primary effluent and routed to the ocean disposal system, or is sent to the OCWD facility for advanced treatment and recycling. The solid materials removed in the treatment systems are processed in large tanks to facilitate natural decomposition. Half of the material is converted to methane, which is burned as fuel in the energy recovery system, and the remaining solids are used as a soil amendment or fertilizer in Kern, Kings, Riverside, and San Diego Counties. OCSD's Treatment Plant No.2 is located adjacent to the Santa Ana River and about 1,500 feet from the ocean. This plant provides a mix of advanced primary and secondary treatment. The plant receives raw wastewater through five major sewers. The treatment process is similar to Plant No.1. Approximately 33 percent of the influent receives secondary treatment through an activated sludge system, and all of the effluent is discharged to the ocean disposal system. Tustin wastewater flows are directed to OCSD Reclamation Plant No.1. Current average daily flow of wastewater received at Plant No.1 is 88 million gallons per day (mgd) of wastewater, with a primary treatment capacity of 108 mgd. 8-2 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 8 8.3 REGIONAL RECYCLED WATER PLANNING TWS supports efforts of the regional water management agencies to utilize recycled water as a primary resource for groundwater recharge in Orange County. Since TWS receives 85 percent of its water supply from groundwater, it benefits from the use of recycled water for groundwater recharge. Recycled water in Orange County is also used to irrigate crops, golf courses, parks, schools, business landscapes, residential lawns, and some industrial uses. In 1999/00, over 30,000 acre-feet of recycled water was applied by water retailers in the County. In addition, recycled water has played a significant part in the Orange County groundwater basin by being utilized as a barrier to saltwater intrusion. OCSD produces recycled water year round for OCWD's Green Acres Project (GAP), providing recycled water for industrial customers and landscape irrigation in Fountain Valley, Santa Ana, Costa Mesa, Newport Beach and Huntington Beach. It also produces recycled water for OCWD's Groundwater Injection System. The OCWD/OCSD proposed Groundwater Replenishment System (GWRS) would increase the use of recycled water for groundwater recharge over the next 20 years by 119 percent. Recycled water use and projections in Orange County can be found in the MWDOC's 2000 Regional Urban Water Management Plan. The projections for expanded development of water recycling are based upon several "institutional assumptions" that vary depending on the end use of the recycled water. Development of recycled water projects generally requires creative solutions to funding, regulatory requirements, institutional arrangements and public acceptance. Determining the technical and economic feasibility of a recycled water project requires a relative comparison to alternative water supply options. This comparison entails a detailed analysis of the costs and benefits of each alternative supply. A detailed discussion of the methods and issues in determining the relative cost effectiveness of recycled water projects is described in the draft "Urban Water Recycling Feasibility Assessment Guidebook," Section 3 (California Urban Water Agencies, September 1998). In 1993, the Department of Water Resources, in cooperation with the U.S. Bureau of Reclamation (USBR) and seven southern California water agencies, including Metropolitan, undertook a study to evaluate the feasibility of a regional water reclamation plan. The Southern California Comprehensive Water Reclamation and Reuse Study (SCCWRRS) was a six-year effort to identify regional reclamation systems, and promote efficient use of total water resources by increasing the use of recycled water and identifying opportunities for and constraints to maximizing water reuse in Southern California. Based upon the 2002 Executive Summary of the SCCWRRS Final Report, a regional water recycling system that spans the entire study area is not practical or feasible; 8-3 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 8 however, subregional systems warrant further evaluation. Orange County and the Lower Santa Ana River Watershed has been identified as one of the four geographical regions, and is being examined for a regional water recycling system for short-term (2010) and long-term (2040) applications. Additional information on this study has been referenced in MWDOC's and Metropolitan's 2000 Regional Urban Water Management Plans. The DWR, Division of Planning and Local Assistance, web site also presents information on the SCCWRRS. OCWD is planning large increases in indirect recycling. The amount of treated wastewater in the Santa Ana River is projected to increase due to population growth in Riverside and San Bernardino Counties. OCWD and OCSD's proposed GWRS program is a single recharge project that could ultimately supply 120,000 AFY that is currently lost to the ocean. OCWD/OCSD Groundwater Replenishment System (GWRS) The Groundwater Replenishment System (GWRS) is a jointly funded project of OCWD and OCSD. The GWRS is a water supply project designed to ultimately reuse approximately 140,000 AFY of advanced treated wastewater. The first phase is currently underway, which will supply approximately 72,000 AFY and provide the backbone facilities for future expansion. Phase 1 of the GWRS will have a product water capacity of 70 mgd. Timing of future phases will be determined by projected flow requirements for anticipated water demands. The objective of the project is to develop a new source of reliable, high quality, low salinity water that will be used to replenish the groundwater basin and expand the existing seawater intrusion barrier. The GWRS would supplement existing water supplies, and provide a new, cost-effective and reliable source of water to recharge the Orange County Groundwater Basin, protect the Basin from further degradation due to seawater intrusion, and augment the supply of recycled water for irrigation and industrial use. Thus, the GWRS will be comprised of three major components: (I) Advanced Water Purification Facilities (A WPF) and pumping stations; (2) a major pipeline connecting the treatment facilities to existing recharge basins; and (3) expansion of an existing seawater intrusion barrier. The GWRS would take secondary, treated municipal wastewater from the OCSD Treatment Plant No.2 in Fountain Valley and further clean this water to levels that exceed current drinking water standards. This will allow it to be used for groundwater recharge, injection into the seawater barrier, and for landscape irrigation and industrial process water, rather than having to discharge it into the Pacific Ocean. A portion of the treated product water would be pumped upstream via a major conveyance pipeline generally paralleling the Santa Ana River to the OCWD spreading basins where it would be allowed to percolate into the Orange County Groundwater Basin. However, most of the treated water would also be injected into the ground to create an expanded seawater intrusion barrier. 8-4 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 8 A small portion of the treated water will be made available to supplement the irrigation demands of OCWD's existing Green Acres Project. Some of the treated water may also be made available for use as industrial process water, irrigation water or for other approved uses via connections to the major conveyance pipeline in industrial areas, business parks, golf courses, and parks located near the Santa Ana River alignment. Some of the benefits of the proposed GWRS to TWS, MWDOC's service area, and all of Orange County and California include: . Supply a significant amount of highly treated recycled water required by OCWD to maintain a high basin production percentage through and beyond the year 2020. Provide a reliable replenishment water supply in times of drought. Expand the seawater intrusion barrier to sustain additional groundwater production in the coastal zone. . . Detailed discussion on the proposed GWRS can be found in the MWDOC 2000 Regional UWMP and the OCWD Master Plan Report. 8.4 ENCOURAGING RECYCLED WATER USE Recent studies of water recycling opportunities within southern California provide a context for promoting the development of water recycling plans. It is recognized that broad public acceptance of recycled water requires public education and involvement. Public Education TWS participates in MWDOC's public education and school education programs, which include extensive sections on water recycling. MWDOC's water use efficiency public information programs are a partnership with Tustin and other agencies. Through a variety of public information programs, MWDOC assists TWS in reaching the public with accurate information regarding present and future water supplies, the demands for a suitable quantity and quality of water, including recycled water, and the importance of implementing water efficient techniques and behaviors. Through MWDOC, water education programs have reached thousands of Tustin students with grade-specific programs that include information on recycled water. Current programs include the Drinking Water Festival held annually during the month of May sponsored by OCWD and the Blue Planet Foundation. 8-5 Final November 2004 City of Tustin 2000 Urban Water Management Plan Update Section 8 Financial Incentives The implementation of recycled water projects involves a substantial upfront capital investment for planning studies, environmental impact reports, engineering design and construction before there is any recycled water to market. For some water agencies, these capital costs exceed the short-term expense of purchasing additional imported water supplies from Metropolitan even though a regional analysis in the SCCCWRRS shows that net benefits are far greater than direct costs. Funding sources are available through federal, state and regional programs to provide significant financial incentives for local agencies to develop and make use of recycled water. These funding sources include the United States Bureau of Reclamation (USBR), California water bonds, and Metropolitan's Local Resources Program. These funding opportunities may be sought by TWS or possibly more appropriately by other regional agencies. TWS will continue to support seeking funding for regional water recycling projects and programs. More detail on these funding programs can be found in the MWDOC 2000 Regional UWMP. 8.5 OPTIMIZING RECYCLED WATER USE In Orange County, the majority of recycled water is used for irrigating golf courses, parks, schools, business and communal landscaping. However, future recycled water use can increase by requiring dual piping in new developments, retrofitting existing landscaped areas and constructing recycled water pumping stations and transmission mains to reach areas far from the treatment plants. Gains in implementing some of these projects have been made throughout the county, while efforts continue to manage the large energy requirements, facilities, and additional costs to make the water recycling projects economically feasibly. To optimize the use of recycled water, costlbenefit analysis must be conducted for each potential project. Once again, this brings about the discussion on technical and economic feasibility of a recycled water project requiring a relative comparison to alternative water supply options. For TWS, analysis has shown capital costs exceed the short-term expense of purchasing additional imported water supplies from Metropolitan through EOCWD and MWDOC. TWS will continue to conduct costlbenefit analysis for recycled water projects, and seek creative solutions and a balance to recycled water use, in coordination with EOCWD, MWDOC, OCWD, Metropolitan and other cooperative agencies. These include solutions for funding, regulatory requirements, institutional arrangements and public acceptance. 8-6 Final November 2004 APPENDIX A CALIFORNIA URBAN WATER MANAGEMENT PLANNING ACT of 1983 l l L L l ~. l L L L L L l l l l I I I CALIFORNIA URBAN WATER MANAGEMENT PLANNING ACT Established: AB 797, Klehs, 1983 Amended: AB 2661, Klehs, 1990 AB llX, Filante, 1991 AB 1869, Speier, 1991 AB 892, Frazee, 1993 SB 1017, McCorquodale, 1994 AB 2853, Cortese, 1994 CALIFORNIA WATER CODE DIVISION 6 PART 2.6. URBAN WATER MANAGEMENT PLANNING CHAPTER 1. GENERAL DECLARATION AND POLICY 10610. This part shall be known and may be cited as the "Urban Water Management Planning Act. " 10610.2. The Legislature fmds and declares as follows: (a) The waters .of the state are a limited and renewable resource subject to ever increasing demands. . (b) The conservation and efficient use of urban water supplies are of statewidt concern; however, the planning for that use and the implementation of those plans can best be accomplished at the local level. 10610.4. The Legislature finds and declares that it is the policy of the state as follows: (a) The conservation and efficient use of water shall be actively pursued to protect both the people of the state and their water resources. (b) The conservation and efficient use of urban water supplies shall be a guiding criterion in public decisions. (c) Urban water suppliers shall be required to develop water management plans to achieve conservation and efficient use. I I ¡ I I I I I I I CHAPTER 2. DEFINITIONS 10611. Unless the context otherwise requires, the definitions of this chapter govern the construction of this part. 10611.5. "Conservation" means those measures that limit the amount of water used only to that which is reasonably necessary for the beneficial use to be served. 10612. "Customer" means a purchaser of water from a water supplier who uses the- water for municipal purposes, including residential, commercial, governmental, and industrial uses. 10613. "Efficient use" means those management measures that result in the most effective use of water so as to prevent its waste or unreasonable use or unreasonable method of.use. 10614. "Person" means any individual, finn, association, organization, partnership, business, trust, corporation, company, public agency, or any agency of such an. entity. 10615. "Plan" means an urban water management plan prepared pursuanUo this part. A plan shall describe and evaluate reasonable and practical efficient uses and reclamation and conservation activities. The components of the plan may vary according to an individual community or area's characteristics and its capabilities to efficiently use and conserve water. The plan shall address measures for residential. commercial, governmental, and industrial water management as set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a strategy and time schedule for implementation shall be included in the plan. ' 10616. "Public agency" means any board, commission, county,. city and county, city, regional agency, district, or other public entity. 10617. "Urban water supplier" means a supplier, either publicly or privately owned., providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 7 (commencing wHh Section 4010) of Part 1 of Division 5 of the Health and Safety Code. 2 CHAPTER 3. URBAN WATER MANAGEMENT PLANS Article 1. General Provisions 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 wiII 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. 10621. (a) Each 'urban water supplier shall periodically update its plan at leas.t once every five years. After the review, it shall make any amendments or changes to its plan which are indicated by the review. (b) The amendments to, or changes in, the plan shall be adopted and filed in the manner set - forth in Article 3 (commencing with Section 10640). - Article 2. Contents of Plans 10630. It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied. 3 10631. A plan shall be adopted in accordance with this chapter and shall do all of the following: . . (a) Include an estimate of past, current, and projected potable and recycled water use and, to the extent records are available, segregate those uses between residential, industrial, commercial, and governmental uses. . (b) (1) Identify conservation and reclamation measures currently adopted and being practiced. - . (2) Urban water suppliers that are members of the California Urban Water Conservation Council and submit annual reports to that council in accordance with the "Memorandum of Understanding Regarding Urban Water Conservation in California," dated September 1991, may submit the annual reports for the purposes of identifying conservation measures as required by paragraph (1). (c) Describe alternative conservation measures, including, but not limited to, consumer education, metering, water saving fixtures and appliances, pool covers, lawn and garden irrigation techniques, and low water use landscaping, that 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 that includes all of the following elements that 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' single-family residential, multifamily residential, commercial, industrial, governmental, and agricultural use. (2) An estimate of the minimum water supply available at the end of 12, 24, and 36 months, assuming the 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 that are applicable to each stage. (4) Mandatory provisions to reduce water use that include prohibitions against specific wasteful practices, such as gutter flooding. 4 (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 with incentives for conservation, or restrictions on specific uses. - (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. (9) A mechanism for detennining actual reductions in water use pursuant to the urban water shortage contingency plan. (f) Describe the frequency and magnitude of supply deficiencies, based on available historic data and future projected conditions comparing water supply arid demand, including a description of deficiencies in time of drought and emergency and the ability to meet deficiencies. (g) To the extent feasible, describe the method which will be used to evaluate the effectiveness of each conservation measure implemented under the plan. (h) Describe the steps which would be necessary to implement any proposed actions in the plan. (i) Describe findings, actions, and planning relating to all of the following: (I). The use of internal and external water audits for single-family residential, multifamily residential, institutional, commercial, industrial, and governmental customers, and the use of incentive programs to encourage customer audits and program participation. (2) The use of distribution system water audits. (3) Leak detection and repair. (4) The use of large landscape water audits. 5 ! I I I I I I I I I I I (j) Describe actions and planning to eliminate the use of once-through cooling systems, nonrecirculating water systems, and nonrecycling decorative water fountains, and to encourage the recirculation of water if proper public health and safety standards are maintained. (k) Describe actions and plans to enforce conservation measures. (I) To the extent feasible, describe the amount of water saved tMough water conservation measures employed by user groups. (m) Describe actions and planning to ensùre the involvement of community members within the service area with regard to water management planning. . 10632. (a) In addition to the elements required pursuant to Section 10631, a: plan projecting a future use which indicates a need for expanded or additional water supplies shall be adopted in accordance with this chapter and shall include an evaluation of the following alternatives: (1) Recycled water. The plan's evaluation of this alternative shall provide infòtmation on recycled water and its potential for use as a water. source in the service area of the urban water supplier and shall include all of the following infonnation: (A) A description of the waste water collection and treatment systems in the supplier's service area, including a quantification of the amount of waste water collected and treated and the methods of waste water disposal. (B) Adescription of the recycled water currently being used in the supplier's service area, including, but not limited to, the type, place, and quantity of use. (C) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, and other appropriate uses, and a detennination with regard to the technical and economic feasibility of serving those uses. (D) The projected use of recycled water within the supplier's service area at the end of 5, 10, 15, and 20 years. . (E) A description of actions, including financial incentives, which may be taken to encourage the use of recycled water where fresh water is not necessary, and the projected results of these actions in tenus of acre-feet of recycled water used per year. 6 I I I I I I I I I I I I I I I (F) A plan for optimizing tl)e use of recycled water in the supplier's service area, including' actions to facilitate the installation of dual distribution systems and to promote recirculating uses. (2) Exchanges or transfer of water on a short-term or long-term basis. (3) Management of water system pressures and peak demands. (4) Issues relevant to meter retrofitting for all uses. (5) Incentives to alter water use practices, including fixture and appliance retrofit programs. (6) Public information and educationaí programs to promote wise use and eliminate waste. (7) Changes in pricing, rate structures, and regulations. (b) The preparation of the plan shall be coordinated with local water, waste water, and planning agencies. 10633. The plan shall contain an evaluation of the alternative water management practices identified in Sections 10631 and 10632, taking into account economic and noneconomic factors, including environmental, social, health, customer impact, and technological factors. Evaluation of the elements in Section 10632 shall include a comparison of the estimated cost of alternative water management practices with the incremental costs of expanded or additional water supplies, and in the course of the evaluation first consideration shall be given to water management practices, or combination of practices, which offer lower incremental costs than expanded or additional water supplies, considering all the preceding evaluation factors. . AJë1:icle 3. Adoption and Implementation of Plans 10640. Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article. 7 I l l I I I L I I I I I I I 10641. (a) An urban water supplier required to prepare a plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water conservation and management methods and techniques. (b) In order to assist urban water suppliers in obtaining needed expertise as provided for in subdivision (a), the department, upon request of an urban water supplier, shall provide the supplier with a list of persons or agencies having expertise or experience in the development of water management plans. . 10642. Prior to adopting a plan, the urban water supplier shall malÅ“the plan available for public inspection and shall hold a pubIic hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. A privately owned water supplier shall provide an equivalent notice within its service area. After the hearing, the plan shall be adopted as prepared or as modified after the hearing. 10643. An urban water suppIler shall implement its plan adopted pursuant to this chapter in accordance with the schedule set forth in its pIan. 10644. An urban water supplier shall me with the department a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be filed with the department within 30 days after adoption. Plans filed under this section shall describe the basis for the decision of the urban water supplier. to add, change, or retain conservation measures. The department shall annually prepare and submit to the Legislature a report sununarizing the status of the plans adopted pursuant to this part. The report pre¡1ared by the department shall highlight the outstanding elements of individual plans. The department shall provide a copy of the report to each urban water suppIier which has filed its plan with the department. The department shall also prepare repofts and provide data for any legislative hearings designed to consider the effectiveness of plans submitted pursuant to this part. 10645. Not later than 30 days after fiIing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during nonnal business hours. 8 l i I ~ I I ! I I i ~ CHAPTER 4. MISCELLANEOUS PROVISIONS 10650. Any actions or proceedings to attack, review, set aside; void, or annul the acts or decisions 'of an urban water supplier on the grounds of noncompliance with this part shall be commenced as follows: (a) An action'or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part, or within 18 months after commencement of urban water service by a supplier commencing that service after January 1, 1984. (b) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 90 days after filing of the plan or amendment thereto pursuant to Section 10644 or the taking of that action. 10651. In any action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an urban water supplier on the grounds of noncompliance with this part, the inquiry shall extend omy to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence. 10652. The CalifoiTIia 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 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. 10653. The adoption of a plan shall satisfy any.requirements of state law, regulation, Dr order, including those of the State Water Resources Control Board, for the preparation of water management plans or conservation plans; provided, that if the State Water Resources Control Board requires additional information concerning water conservation to implement its existing authority, nothing in this part shall be deemed to limit the board in obtaining that information. The requirements of this part shall be satisfied by any water conservation plan prepared to meet federal laws or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing water management or conservation plan which includes the contents of a plan required under this part. 9 i ! ¡ I ! I ! ¡ I I 10654. An urban water supplier may recover in its rates the costs incurred in preparing its plan and implementing the reasonable water conservation measures included in the plan. Any best water management practice that is included in the plan that is identified in the "Memorandum of Understanding Regarding Urban Water Conservation in California" is deemed to be reasonable for the purposes of this section. 10655. If any provision of this part or the application thereof to any person or circumstances is held invalid, that invalidity"shall not affect other provisions or applications of this part . which can be given effect without the invalid provision or application thereof, and to this end the provisions of this part are severable. . 10656. An urban water supplier that does not submit an amendment to its urban water management plan pursuant tö subdivision (a) of Section 10621 to the department þy January 31, 1992, is ineligible to receive drought assistance from the state uniil the urban water management plan is submitted pursuant to Article 3 (commencing with Section 10640) of Chapter 3. SEC. 2. No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution or Section 2231 or 2234 of the Revenue and Taxation Code because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. uwmplan.cur -- revised 1/95 10 APPENDIX B REFERENCES City of Tustin 2000 Urban Water Management Plan Update REFERENCES Center for Demographic Research, California State University Fullerton, Orange County Projections, 1996 City of Tustin. Water Master Plan, March 2000 City of Tustin. Water Quality Report for Consumers. 2000 City of Tustin. Urban Water Management Plan. 1995 Municipal Water District of Orange County. Regional Urban Water Management Plan. 2000 Municipal Water District of Orange County. Water Rates, Water Systems Operations, and Financial Information. 2001 Metropolitan Water District of Southern California. Report on Metropolitan's Water Supplies: Blueprint For Water Reliability. March 2, 2003 Metropolitan Water District of Southern California. Regional Urban Water Management Plan. 2000 Orange County Sanitation District. Annual Report: Operations and Maintenance, October 2002 APPENDIX C NOTICE OF PUBLIC HEARING and RESOLUTION OF PLAN ADOPTION APPENDIX D ORDINANCE NO. 1063 and RESOLUTION 92-49 WATER WASTE PROHIBITION I r r ( r r r r r r r r r r I. 18 19 20 21 22 23 24 25 26 27 28 1 ORDINANCE NO. 1063 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING.A MANDAT.ORY. WATER CONSERVATION.. AND RATIONING PROGRAM . 4 The City Council of the city of Tustin does hereby ordain as follows: 5 6 SECTION 1. Water Consumption Reduction. 7 A. Findinqs. 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 reservqirs 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 suppl'ied to the Tustin Water Service and MWD has reduced the City's allocation of water by thirty.percent (30%) as of March 1, 199~ 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 ordi.nance is a collective fifteen percent (15%) ; this Conservation Rate corresponds with the recent decision of MWDto allocate only seventy percent (70%) 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. 8 9 10 11 12 13 14 15 16 17 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:j,boR6:3-28-91(ood06J.j,b) r , r r r r r r r r r r r r t r 27 28 ordinance No. 1063, Page 2 1 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. 3 4 5 5. "Customer" means each person or entity contracted for water service from the City of Tustin. has who 6 7 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. 8 9 7. "Water" means potable water and does not include reclaimed water. 10 C. Customer Responsibilitv. 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 Usaqe 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:' 11 12 13 14 15 16 17 Sununer Winter Allotment Gallons' Allotment Gallons Mav - Oct. Per Dav Nov. - April Per Dav 48 units * 598 30 units 374 Water User 18 . Single Family Residential Dwelling 19 Multi-Family unit (including condominium unit) 18 units 224 16 units 200 1720 105 units 1309 3466 138 units 1720 2319 109 units 1359 8415 235 units 2930 2007 98 units 1221 20 21 Commercial business. 138 units Industrial business 278 units 22 23 Non-Profit establishment (including church, boys and girls club, etc.) 186 units 24 Government unit 675 units (including. school districts, City, state) 25 26 Landscape (multi-family developments (including condominiums) served by Green Meter) 161 units 1 unit equal 100' cubic feet and equals 748 gallons Ordinance No. 1063, Page 3 1 2 For purposes of this subsection, measurements of ~ater consumption falling between full Billing units shall be rounded up to the next full Billing. unit. . . 3 4 E. Additional Charqes 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 ~otal 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-five 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 iIn1!\ediately 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 . 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. 20 21 22 F. Chanqes in Allowable Water Usaqe, Charqes, 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 pena 1 ties 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 news~aper of general circulation, printed, published and circulated in the city of Tustin. 23 24 25 26 27 28 G. New Customers. customers of their The water billing section sþall notify Allowable Water Usage rate, charges, new ì r- r i í i ì ~ r ~ ~ t t t I- I- Ordinance. No. 1063, page 4 1 2 penalties, etc., at the time application is made for new water service. 3 H. Adiustments. The city Manager or designee. upon application by a customer for relief, shall have the authority to modify the billing to a customer if the city Manager or designee determine's that strict application of the provisions of this ordinance would create undue hardship to, or result in inequitable treatment of, the customer. 4 5 6 7 Relief from compliance. 1. A customer-may file an application for relief from the water usage reduction requirements of this ordinance. The application shall be on. a form provided by the city and shall specify the basis for the request. for relief. The application shall be filed with the city- Manager or designee.. An applicàtion seeking relief relative to a previously billed amount shall be filed within fifteen (15) days after the date on which the water bill was mailed to. the customer. In determining-whether to grant relief and the nature. of any relief, the city Manager or designee may consider the following: (a) Whether mandated reduction in water usage will result in unemployment; I. 8 9 10 11 12 13 14 (b) Whether a larger number of persons than average. reside or are employed on the premises; 15 16 (c) Whether a commercial or industrial user has previously undertaken extensive water conservation activities and an additional reduction in allowable water usage would be a hardship; 17 18 . (d) Whether specific health or safety considerations are present that require the use of water in excess of the Allowable Water Usage. 19 20 2. No relief shall be granted to any customer in the absence of a showing that the customer has achieved the maximum practical reduction in water consumption aside from those factors which would otherwise warrant an adjustment. No relief shall be granted to any customer who fails to provide the city Manager or designee with requested information relevant to a determination of the adequacy of the grounds of reli~f or a finding that maximum practical reduction and consumption has been achieved." 21 22 23 24 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 .determination no later than fourteen (14) days after the appeal.is received. If an appeal is decided in full or partial favor of the customer, an immediate adjustment will be made to the customer's 27 28 r ordinance No. l063, Page 5 r r r account. If the appeal ~s 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. r r I - 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. Irriqation. Where an improperly maintained irrigation results in a waste of water., e.g., causes excessive runoff, city Manager or designee shall have the, authority to water service. Notice of the termination of service be given by posting notice of the decision on the meter which .water flowing through' the system and by mailing written ot"'the decision to the customer within twenty-four (24) after service was terminàted. The customer shall have the to appeal the decision to. terminate service by filing a request for hearing with. the city Manager- or designee fifteen (15) days after the date on which notice'was mailed. of the decision of the City Manager or designee may be made Water Appeals Board and thereafter to the city council. SECTION 2. The city council finds and declares that adoption this ordinance as an emergency measure is necessary to preserve public peace, health, and safety in that: . California is currently experiencing a drought of magnitude with current water reserves throughout the far below normal. The city has initiated a voluntary water conservation but the program has not achieved the desired results. c. Metropolitan Water District, the supplier of imported to the City of Tustin, has announced its intention to reduce amount of water delivered to the City and to impose a surcharge sold to the City in excess of new allocation levels. and reduced allocation 'levels were effectiv.e on 1, 1991 and compliance with MWD directives cannot be other than through the adoption of an emergency ordinance. D. The imposition of penalties on excess consumption of will reduce water usage and allow the City to recover the costs it incurs relative to the purchase of water from 1- r r 1 2 r 3' 4 r 5 r 6 7 r 8 9 r .10 r 11 12 r 13 14 r 15 r 16 17 r 18 19 r 20 r ,21 22 r 23 24 r 25 I~ 26 27 I-~ 28 I Ordinance No. 1063, Page 6 E. Failure to achieve a fifteen percent (15%) reduction in water consumption will reduce available water supplies, lead to .further MWD mandated reductions,. and require imposition. of more stringent restrictions on water use in the future. In the long term, the failure to consèrve water combined with continued drought could lead to the inability of the city to provide water in amounts necessary for health and sanitation. . SECTION 3. Effective Date and Publication. This ordinance shall be effective immediately upon its adoption by a majority of the members of the City Council pursuant to Water Code section 375. The city Clerk is hereby directed to cause this ordinance to be published pursuant to Government Code Section 6061 within ten (10) days of its adoption in a newspaper of general circulation, printed, published and circulated in the City of Tustin. SECTION 4. Severability. The city Council of the City of Tustin hereby declares that should any section, paragraph, sentence' 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 all other portions of this ordinance independent of the portion declared invalid. . SECTION 5. Savinqs Clause. Neither the adoption bf this ordinance nor the repeal of any other ordinance of the city shall, in any manner, affect the prosecution for violations of ordinances committed prior to the effective date of the adoption or.repeal, nor be construed as a waiver of. any of the penalty or penal provisions applicable to such violation. The provisions'of this ordinance, . to the extent they are substantially the' same as ordinances previously adopted by the City and relating to the same subj ect matter, shall ~ be construed. as restatements and continuations, and not as new enactments. PASSED AND APPROVED by the city council of the City of.Tustin i~,i. rego>ar meeting heM on the ""'~,l? ',rn . ICHARD B, EDG~~ r r r r r r r r r r r r city of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) ) 5S ) 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 o.f 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 orqinance 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 () Valerie Whiteman for Mary.Wynn, City Clerk 2 RESOLUTION 92-49 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RESCINDING EXCESSIVE WATER USE PENALTIES AS ESTABLISHED IN CITY OF TUSTIN ORDINANCE NO. 1063 SECTION E. 5 6 WHEREAS,. the city Council of the City of Tustin adopted 7 Ordinance No. 1063, establishing a Mandatory Water Conservation and Rationing Program on April 1,1991; and 8 WHEREAS, the City Council adopted Ordinance no. 1063 based on 9 a finding that the Metropolitan Water District of Southern California (MWD) would impose severe penalties on the city if it 10 were not to achieve a thirty percent (30%) reduction in water purchases from MWD; and 11 WHEREAS, Section E of Ordinance No. 1063 provides for 12 additional charges and penalties in the event that allowable water usage established by the Ordinance are exceeded; and 13 WHEREAS, section F or Ordinance No. 1063 allows the City 14 Council from time to time "to set, revise, increase or decrease the allowable water usage and the charges, surcharges and penalties as 15 deemed necessary to accommodate water allocations, charges and penalties imposed by MWD..."; and 16 WHEREAS, due to above normal rainfall in its service area and 17 reduced water usage during the past year, MWD has modified its requirements to request a voluntary ten percent (10%) reduction in 18 water use and has rescinded penalties for excessive use; 19 NOW, THEREFORE, BE IT RESOLVED that the City of Tustin city Council, effective April 6,1992 does hereby rescind all additional 20 charges and penalties for excessive water use as provided for by Section E of Ordinance No. 1063; and 21 BE IT FURTHER RESOLVED that the City of Tustin requests that 22 water users continue their voluntary water conservation practices; and 23 h 'f' It' BE IT FURTHER RESOLVED tat 1 excess1ve use pena 1es are 24 reimposed by MWD, the City of Tustin may reinstate additional charges and penalties as provided for by section E of Ordinance No. 25 1063. 26 27 28 PASSED AND ADOPTED this 6th 2 3 4 5 6 7 9 10 :rescind.wtr í r ( I I I I I I I 11 12 13 14 STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN) ~--;p-~ Charles E. Puckett Mayor CERTIFICATION FOR RESOLUTION NO. 92-49 ary E. Wynn, City Clerk and ex-officio Clerk of the City ouncil of the city of Tustin, California, does hereby certify hat the whole number of the members of the city Council is five; hat the above and. foregoing Resolution was duly and regularly assed and adopted at a regular meeting of the city Council held n the 6th day of' April, 1992 by the following vote: 18 19 20 21 22 23 24 25 26 27 28 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: .:certify.res Puckett, Pontious, Edgar. Potts, Prescott None None . None ' Yvl "-^'-1 €.. LJ.-, --- Mary E. wyìfr, City tf!erk APPENDIX E WATER SHORTAGE CONTIGENCY PLAN (WATER MANA GEMENT PROGRAM) 2 3 RESOLUTION NO. 92-15 A RESOLUTION OF TIlE CllY COUNCIL OF IIiE CITY OF TUSTIN. CALIFORNIA, ADOPTING THE TUSTIN WATER SHORTAGE CONTINGENCY PLAN 4 5 The City Council of the City of Tustin does hereby resolve as follows: 6 7 8 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. II ("AB-II") of the State of California approved by the Governor on October 13, Iggl; and, WHEREAS, said Plan is an amendment to the Urban Water Management Plan (AB-797) , adopted by City Council on March 4, Igg) by Resolution No. 91-27; and, 9 10 WHEREAS, said Plan was prepared in accordance with AB-II; and, WIÅ’REAS, said proceedings provide for the adoption of the said Plan consisting of water shortage/conservation elements; and, 11 12 13 14 WHEREAS, a public hearing was duly called, noticed and held on said Plan on February 3, 1992 pursuant to AB..]). NOW, TIlEREFORE, it is hereby rI!Solved as follows: 15 16 17 18 SecJinn_.l. That the above recitals are all true and correcL. Section..1. That it is hereby ordered that said Plan be filed with the State of California Department of Water Resources. SectJon_l. The City Manager is hereby authoriled to decTare a Water Shortage Emergency, shouTd such an emergency exist, and implement this Plan. 19 20 kçUQ.n.J.. The City Manager shall make recommendaLions to Lhe City Council regarding additional procedures, rules, and regulations to carry out effective and equitable allocation of water resources during a water shortage. 21 22 23 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day or rebruary, 1992. ,J ~l~(~M "-'=- . C"ar es Co Puc.ett, ayor 24 25 26 27 Jv~~t:C-CV':\,{.l~- .. Mary.. nn, ny (f erk .I 28 city of Tustin RESOLUTZOJl CERTZFZCATZON STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) ss 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 passed and adopted at a regular meeting of the City Council held on the 3rd day of February, 1992, by the following vote: COUNCIUfEMBER AYES: COUNCIUfEMBER NOES: COUNCIUfEMBER ABSTAINED: COUNCIUfEMBER ABSENT: Puckett, Pontious, Edgar, Potts, Prescott None None None \;Y\ ""'" E. \,1r Mary E. ~nn, c' y Clerk WATER~H()R1'AQE CONnN&!NtY PlAN (AN AMENDMENT TO THE URBAN WATER MANAGEMENT PLAN) 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 T ABLE OF CONTENTS TEXT INTRODUCTION THE PLAN. AB-11 Section 10620(d)(2) AB-11 Section 10631 (e)( 1) AB-11 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 ASSEM8L Y BILL NO. 11 PAGE 1 3 3 3 4 6 7 7 8 8 8 9 9 9 5 5 5 5 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 submit to DWR a Water Shortage Contingency Plan (Plan). The nine specific elements required by AB-11 are: 1. 2. 3. 4. Past, current, and projected water use, and to the extent possible, a breakdown of water use (residential, commercial, single-family, etc.) 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) Stages of action that a supplier would undertake to deal with up to a 50 percent shortage Mandatory provisions to reduce water use 5. Consumption limits in the rnost 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. 2 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 106201d)(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 Manaaement Plan. Section 106311e) of the Water Code is amended to read: Ie) Provide an urban water shortage contingency plan which includes all of the following elements which are within the authority of the urban water supplier: 11) 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. 3 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.1 060, 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 4 100% 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. ".."".~" DAILY FACILITY PRODUCTION DESCRIPTION 7.7 MG Existing Wells 2.3 MG Main St. Plant 10.0 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 frorn 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. YEAR DEMAND 1990 12.7 MGD 2000 13.3 MGD 2010 14.0 MGD '~.~ ...'..~"'~.."~~ YEAR DEMAND 1990 21.6MGD 2000 22.6 MGD 2010 23.8 MGD MGD = million gallons per day 5 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, 19931. 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.1 063, or the less restrictive stages of Ordinance No.1 060 will result in adequate reductions in ùse. It is anticipated that within 36 months (January, 19951. 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.1 060 delineates the stages of action that will be taken if up to a 50 percent reduction in water supply occurs. Ordinance No.1 063, 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. 6 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.1 063 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 7 TWS would request that the City Council invoke the most appropriate stage of Ordinance No.1 060. 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." 8 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 If) 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 1 0631(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. 9 APPEND IX 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 ShortaQe Continaencv Plan A plan required by Assembly Bill No. 11 (nAB-11 ") approved by the Governor on October 13, 1991. AB-11 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 1 2 3 4 10 11 12 13 DRAFT RESOLUTION NO. 92-I5 A RESOLUTI ON OF THE CITY COUNC I L OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN WATER SHORTAGE CONTINGENCY PLAN 5 The City Council of the City of Tustin does hereby resolve as follows: 6 7 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 ("AB-ll") of the State of California approved by the Governor October 13, 1991; and, 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, 8 9 WHEREAS, said Plan was prepared in accordance with AB-ll; and, WHEREAS, said proceedings provide for the adoption of the said ~an consisting of water shortage/conservation elements; and, 14 WHEREAS, a public hearing was duly called, noticed and held on said Plan on February 3, 1992 pursuant to AB-ll. NOW, THEREFORE, it is hereby resolved as follows: 15 Section I. That the above recitals are all true and correct. 16 17 Section 2. That it is hereby ordered that said Plan be filed with the State of California Oepartment of Water Resources. 18 19 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. . 20 21 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day of February, 1992. 22 23 24 Charles E. Puckett, Mayor 25 26 27 Mary E. Wynn, City Clerk 28 9 10 1 2 3 4 5 6 11 12 13 14 15 16 17 18 19 20 Resolution 92-15, 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, Ca 1 iforni a, does hereby cert i fy 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: 7 8 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 21 22 23 24 25 26 27 28 0 RD IN AN C ES IRES 0 L UTI 0 N S 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 òf Tust in hereby establ i shes a comprehensive water conservati on 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. Findinos. 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) (8) A general water supply shortage due to limited supplies. 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 facil it i es of the Metropolitan Water Di strict 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 Ord i nance are exempt from the Cali forni a Envi ronmenta 1 Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 210BO(b) (4) and the California Environmental Quality Act Guidelines Section 15269(c). I I 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 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. Aoolication. 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 Staoes. No customer of the City shall knowingly make, cause, use, or permit the use of water supplied by the City for residential, conunercial, 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 fo 11 owi ng 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 I, all elements of SJAGE 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. 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 inunediate fire or sanitation hazards. 2. 3. Washi ng of autos, trucks, mobil e 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 26 27 / / 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Ordinance No. 1060, Page 3 24 25 26 27 28 4. 5. 6. 7. for quick rinses. Washing is permitted at any time on the immediate premises of a commercial car wash. Further, such washi ng is exempted from these regul at ions where health, safety and wel fare of the public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables. 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. Restaurants shall not serve water to thei r customers except when specifically requested. The operation of any ornamental fountain or s imil ar structure is prohibited unless reclaimed water is used. Agriculture users and commercial nurseries as defined in the Metropol itan Water District Code are exempt from STAGE 2 irrigation restrictions, but will be required to curtail all non-essential water use. STAGE 3 - MANDATORY COMPLIANCE - WATER WARNING. STAGE 3 applies during periods when the City will no.t be able to meet all the water demands of its customers. During STAGE 3, the foll owi ng water conservation measures shall apply except when reclaimed or recycled water is used. (C) 1. 2. 3. 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. 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. 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 wasþings are exempted from these regul at ions where the health, safety and we Hare of the pub 1 i c . is cont i ngent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables. 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 Ordinance No. 1060, Page 4 26 27 28 4. 5. 6. 7. 8. 9. 10. (D) Watering parks, school grounds, public facilities, and recreational fields is permitted only after 6:00 p.m. and before 6:00 a.m. 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. Agricultural users and commercial nurseries shall use water only between the hours of 6:00 p.m. .and 6:00 a.m. Restaurants shall not serve water to thei r customers except when specifically requested. The operation of any ornamental fountain or similar structure is prohibited. All water leaks shall be repaired immediately. Construction water shall not be used for earthwork or road construction purposes unless authorized as a mitigation or erosion control, compaction or backfill ing 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. 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 facil ities. During STAGE 4, the following water conservation measures shall apply except when reclaimed or recycled water is used: . l. 2. All outdoor irrigation of vegetation is prohibited. 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 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 Ordinance No. 1060, Page 5 4. 5. 6. 7. 8. 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. Filling, refilling or adding of water to swinvning pools, spas, ponds and artificial lakes is prohibited, 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. 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. Use of water for agrÙultura 1 or commerci a 1 nursery purposes, .except for livestock watering, is prohibited. 9. Restaurants shall not serve water to their customers except when specifically requested. 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. The use of water for commerci a1, manufacturing or processing purposes shall be reduced in volume by 50%. 11. 12. No water shall be used for air conditioning purposes. All water leaks shall be repaired immediately. 13. 14. Exceptions: The prohibited uses of water are not applicable to that use of water necessary for public health and safety or for.essentia1 governmental services such as police, fire and other similar emergency services. SECTION 7. Mandatorv Conservation Phase ImD1ementation. The City shall mon itor 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 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 Ordinance No. 1060, Page 6 designated shall become effective inunediately upon announcement. The declaration of any stage beyond STAGE 1 shall be reported to the City Counci 1 at its next regul ar 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.. 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). (8) (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 devi~e 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. 26 27 SECTION 9. ADDeal 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 Councilor 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 ci rcumstances is for any reason hel d invalid, the validity of the remainder of the Conservation Ordinance or the application of such provi s ions to other persons or ci rcumstances shall not be affected. / / / / / / 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Ordinance No. 1060, Page 7 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the ~ day of March . 1991. ,f:!:dl &r ~ £.LJ MARY ~N. City F STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS 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, ~nd was given its second reading and duly passed and adopted at a meeting of the City Council held on the ~ day of March ,1991, by the following ro 11 call vote: COUNCILMEMBER AYES: "Edgar, Puckett, Pontious, Potts, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None 24 25 26 27 28 ~"^-\ £. U~F ary . . Wynð' Clty C 1r 1 ORDINANCE NO. 1063 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING.A MANDATORY. WATER CONSERVATION.. AND RATIONING PROGRAM 3 4 The City Council of the city of Tustin does hereby ordain as follows: 5 6 SECTION 1. Water consumption Reduction. 7 A. Findinqs. 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 'Thrèe 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 (70%) 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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 B. Definitions. 22 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 f~et of water (748 gallons). 23 24 25 3. "MWD" shall mean The Metropolitan Water District of Southern California. 26 27 28 JGRoj.boR6oJ.28-91(",,'06J.j.b) ordinance No. 1063, Page 2 1 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. 3 4 5 5. "Customer" means each person or entity 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. who has 6 7 8 7. "Water" means potable water and does not include reclaimed water. 9 10 C. Customer Responsibilitv. 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 cus~omer is obligated to pay the city of Tustin. 11 12 13 D. Water Usaqe 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:' 14 15 16 Summer Winter Allotment Gallons Allotment Gallons Mav - Oct. Per Dav Nov. - April Per Day 48 units . 598 30 units 374 18 units 224 16 units 200 138 units 1720 105 units 1309 278 units 3466 138 units 1720 186 units 2319 109 units 1359 675 units 8415 235 units 2930 161 units 2007 98 units 1221 17 Water User 18 . Single Family Residential Dwelling 19 Multi-Family unit (including condominium unit) 20 commercial business. 21 Industrial business 22 Non-Profit establishment (including church, boys and girls club, etc.) 23 24 Government unit (including school districts, City, State) 25 26 Landscape (multi-family developments (including condominiums) served by Green Meter) 27 28 1 unit equal 100 cubic feet and equals 748 gallons Ordinance No. 1063, Page 3 1 2 For purposes of this subsection, measurements of water consumption falling between full Billing units shall be rounded up to the next full Billing..Unit. .' .' . . . 3 4 E. Additional Charqes 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-five 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 custome~ 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 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. 20 21 22 F. Chanqes in Allowable Water Usaqe. Charqes. 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. 23 24 25 26 27 The water billing section sþall notify Allowable Water Usage rate, charges, 28 G. New Customers. customers of their new Ordinance No. 1063, Page 4 1 2 3 penalties, service. etc., at the time application is made for new water 4 H. Adiustments. The city Manager or designee upon application by a customer for relief, shall have the authority to modify the billing to a customer if the city Manager or designee determines that strict application of the provisions of this ordinance would create undue hardship to, or result in inequitable treatment of, the customer. 5 6 7 Relief from Compliance. ~. A customer may file an application for relief from the water usage reduction requirements of this ordinance. The application shall be on. a form provided by the city and shall specify the basis for the request. for relief. The application shall be filed with the City. Manager or designee.. An application seeking relief relative to a previously billed amount shall be filed within fifteen (~5) days after the date on which the water bill was mailed to the customer. In determining whether to grant relief and the nature. of any relief, the city Manager or designee may consider the following: (a) Whether mandated reduction in water usage will result in unemployment; I. 8 9 10 11 12 13 14 (b) Whether a larger number of persons than average. reside or are employed on the premises; 15 16 (c) Whether a commercial or industrial user has previously undertaken extensive water conservation activities and an additional reduction in allowable water usage would be a hardship; 17 18 '. (d) Whether specific health or safety considerations are present that require the use of water in excess of the Allowable Water Usage. 19 20 21 2. No relief shall be granted to any customer in the absence of a showing that the customer has achieved the maximum practical reduction in water consumption aside from those factors which would otherwise warrant an adjustment. No relief shall be granted to any customer who fails to provide the City Manager or designee with requested information relevant to a determination of the adequacy of the grounds of reli~f or a finding that maximum practical reduction and consumption has been achieved: 3. The decision of the city Manager or designee shall be made after all material has been reviewed. 22 23 24 25 26 4. The city Manager or designee will make a .determination no later than fourteen (14) days after the appeal.is received. If an appeal is decided in full or partial favor of the customer, an immediate adjustment will be made to the customer's 27 28 ordinance No. 1063, Page 5 1 2 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. 3 4 5 6 7 .. 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. 8 9 K. Irriqation. 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 wi thin 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. 10 11 12 13 14 15 16 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: . 17 18 A. California is currently experiencing a drought of unprecedented magnitude with current water reserves throughout the State far below normal. 19 20 .. B. The city has initiated a voluntary water conservation program, but the program has not achieved the desired results. 21 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. 22 23 24 25 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. 26 27 28 Ordinance No. 1063, Page 6 1 2 E. Failure to achieve a fifteen percent (15%) reduction in water consumption will reduce available water supplies, lead to further MWD mandated reductions,. and require imposition. of more stringent restrictions on water use in the future. In the long term, the failure to conserve water combined with continued drought could lead to the inability of the city to provide water in amounts necessary for health and sanitation. 3 4 5 6 SECTION 3. Effective Date and Publication. This ordinance shall be effective immediately upon its adoption by a majority of the members of the City Council pursuant to Water Code section 375. The City Clerk is hereby directed to cause this ordinance to be published pursuant to Government Code section 6061 within ten (10) days of its adoption in a newspaper of general circulation, printed, published and circulated in the City of Tustin. 7 8 9 10 SECTION 4. Severability. The city Council of the City of Tustin hereby declares that should any section, paragraph, sentence or word of this ordinance be declared, for any reason,' .to be inyalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the portion declared invalid. . 11 12 13 SECTION 5. Savinqs Clause. Nei ther the adoption of this ordinance nor the repeal of any other ordinance of the City shall, in any manner, affect the prosecution for violations of ordinances committed prior to the effective date of the adoption or.repeal, nor be construed as a waiver of any of the penalty or penal provisions applicable to such violation. The provisions of this ordinance,. to the extent they are substantially the same as ordinances previously adopted by the city and relating to the same subject matter, shall be construed. as restatements and continuations, and not as new enactments. 14 15 16 17 18 19 PASSED AND APPROVED by the City Council of the city of Tustin i;,i. regular meeting held on the ,.~ ¡: ',rn . ECHARD B. EDG~&? 20 21 22 23 24 25 26 27 28 city of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) ) SS ) 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 () Valerie Whiteman. for Mary Wynn, city Clerk 8 9 10 11 12 13 14 1 2 RESOLUTION NO. 91-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN URBAN WATER MANAGEMENT PLAN 3 4 5 6 7 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. 15 16 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. 17 18 ,f6d.l ~ 19 20 21 22 "'^-<Ù4 (.~ Mary E. ~nn, City er 23 24 25 26 27 28 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) ) SS ) 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 dav of March, 1991 by the following vote: COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None ~~ £, LJr Mary E. nn, ci Clerk SAMPLE TWS WATER PRODUCTION REPORTS/STATISTICS CITY OF TUSTIN WATER SUPPLY BY MONTH (ACRE FEET) MONTH 1986 1987 1988 1989 1990 1991 MONTHLY 1987 1988 1989 1990 1991 1992 AVERAGE JULY 1,506.2 1379.3 1,433.0 1,606.8 1,524.0 1,104.9 1,425.7 AUGUST 1,504.9 1440.4 1,460.5 1,516.1 1,405.3 1,132.5 1,410.0 SEPTEMBER 1,263.5 1273.2 1,256.7 1,291.3 1,329.8 1,051.0 1,244.3 OCTOBER 1,058.4 1065.6 1,174.4 1,132.8 1,226.7 1,021.4 1,113.2 NOVEMBER 1,018.7 842.6 882.6 948.9 1,064.3 972.3 954.9 DECEMBER 841. 3 788.7 836.3 1,006.8 956.6 817.9 874.6 6 MONTH TOTAL 7,193.0 6,789.8 7,043.5 7,502.7 7,506.7 6,100.0 7,022.6 JANUARY 819.7 822.8 832.3 839.0 826.8 828.1 FEBRUARY 770.8 861.1 711. 7 721.2 806.3 774.2 MARCH 848.0 1067.5 898.5 934.8 644.4 878.6 APRIL 1,153.4 957.9 1,176.1 989.9 828.8 1,021.2 MAY 1,303.7 1429.5 1,310.7 1,209.0 997.7 1,250.1 JUNE 1,362.7 1373.5 1,278.2 1,230.4 1,023.6 1,253.7 6 MONTH TOTAL 6,258.3 6,512.3 6,207.5 5,924.3 5,127.6 0.0 6,006.0 TOTAL FOR YEAR 13,451.3 13,302.1 13,251.0 13,427.0 12,634.3 6,100.0 13,2i3.1 2000 1500 ~ ¡¡J ~ ~ 1000 ~ 500 CITY OF TUSTIN WATER SUPPLY BY MONTH 0 JAN FEB MAR APR MAY JUN JUL AUG MONTHS SEP ocr NOY DEC -- Total Water Usage Base Year --..- Purchased Water Target -+- Total Water Usage Current Year -e- Purchased Water Actual CITY OF TUSTIN WATER SERVICE CUMULATIVE WATER PRODUCTION 1990 ~ 1991 ACRE FEET 16000 14000 12000 10000 8000 6000 4000 2000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTH AUG, SEP, OCT. & NOV. ARE ALL -17% CITY OF TUSTIN WATER SERVICE Selected Water Production Statistics Comparison of Conservation Program Base Year to Current Year 1007 818 19j(, ASSIGNED TARGET (MWD) 122 129 277 397 347' . 750 679 519 376 249 274 ACTUAL PURCHASES 142 101 146 304 266 380 322 298 254 177 146 ASSEMBLY BILL NO. 11 Assembly Bill No. 11 Passed the Assembly September 13, 1991 --:....., Passed the Senate September 11, 1991 / ..~ /-j ..( ././ ./ .., ,t.) ~\. .;~re~:~ ~;;1;;:~~ This bill was received by the Governor this J. '7 d.1" " day of X'k/J~û/,'¡;IJ?~,\ ,1991, at i. '-Ie o'clock £M. I CD I 0 AB II -2- CHAPTEH -- An act to amend Sections 10620, 10621, 10631, and 10652 of, and to add Section 106.56 to, the Water Code, relating to water. LEGISLATIVE: COl't\SEL'S DIC¡¡:ST 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 water management plan. Existing law 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 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 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 <D 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. SEe. 2. Section 10621 of the Water Code is amended CD 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 management plan which meets the requirements of 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) . SEe. 3. Section 10631 of the Water Code is amended to read: 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 not limited 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 breakdown 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 CD 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 which are applicable to each stage. (4) Mandatory provisions to reduce water use which include prohibitions against specific wasteful practices, such as gutter flooding. (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 with incentives for conservation, or restrictions on specific uses. (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. (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. SEe. 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 CD 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 manàgement plan is submitted. pursuant to Article 3 (commencing with Section 10640) of Chapter 3. CD 95 150 Approved C)c:to-e~ I~ ,1991 t CD Governor I 0 APPENDIX F RESOLUTION 96-18 - 1996 1995 UWMP Adoption ORDINANCE NO. 1060 -1991 Adoption of a Water Management Program RESOLUTION NO. 90-53 - 1990 Voluntary Water Conservation Program 9 10 11 12 13 14 1 2 3 RESOLUTION NO. 96-18 A RESOLUTION OF THE cITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN URBAN WATER MANAGEMENT PLAN 4 5 6 7 8 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 City 1995 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 Plan, as prescribed by AB-797, updates the December 1990 City Urban Water Management Plan adopted by Resolution No. 91-27; and WHEREAS, said proceedings provide for the adoption of the said Plan consisting of water conservation elements; and 15 16 WHEREAS, a public hearing was duly called, noticed and held on said Plan on February 20, 1996, pursuant to AB-797. J7 18 NOW, THEREFORE, it is hereby resolved as follows: ~. That the above recitals are all true and correct. 19 20 ~. That it is hereby ordered that said Plan be filed with the State of California Department of Water Resources. 2] 22 23 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 20th day of February, 1996. . ¡"'/Vi: Jim Po ,Mayor 24 25 26 27 28 City of 'l'Ustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF.TUSTIN ) RESOLUTION NO. 96".18 ss Pamela Stoker, city Clerk and ex-officio Clerk of the City Council of the City of 'l'Ustin, California, does hereby certify that the whole number of the members of the city Council is five:. that the above' and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 20th day of February, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Potts, Worley, Doyle, saltarelli, Thomas None None None ~~ Pamela Stoker, City Clerk' l l l l l I l 15 16 17 18 19 20 21 22 23 24 r r I 25 26 27 28 1 2 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 :3 4 5 6 The City Council of the City of Tustin does hereby ordain a~ follows: SECTION 1. Oed arat i on of Pol icy. Ca 1 i forni a 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 establ ishes 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. 7 8 9 10 11 12 SECTION 2. Findinqs. 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: 13 14 A general water supply shortage due to limited supplies. (A) (8) Di stri buti on or storage facil it i es of the Metropol it an 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. A major fail ur-e of the supply, storage and di stri but ion facil ities 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. (C) 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 ava 11 ab 1 e be put to maximum benefi cia 1 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. CEcA Exemption. The City Council of the City of Tustin finds that this Ordinance and actions taken hereafter pursuant to this Ord i nance are exempt from the Cali forni a Envi ronmenta 1 Qual ity 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). I . I I l 1 1 2 3 l 4 5 l 6 I 7 t 8 l 9 10 l 11 r 12 13 [ 14 15 [ 16 r 17 18 r 19 20 r 21 r 22 23 r 24 25 r 26 r 27 28 r Ordinance No. 1060, Page 2 The City Manager of the City of Tustin is here~y authorized and directed to file a Notice of Exemption as soon as possi~le following adoption of this Ordin.ance. SECTION 4. AD~ication. The provisions of this Ordinance shall apply to all persons, customers, and property served by the City of Tustin water service. SECTION 5. Authori zati on. The Ci ty 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 Ci ty for res identi a 1, commerci a 1, i ndustri a 1, agri culturà 1, 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 I, all elements of 5.TAGE2 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. Water shall not be used to wash down streets, gutters, s idewa 1 ks, driveways, parki ng areas, tenni s courts, patios, pool decks, or other paved areas, except to alleviate immediat.e fire or sanitation hazards. . . 2.. 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 / / 3 4 5 6 7 8 9 10 [ 11 r 12 13 r 14 15 r 16 r 17 18 r 19 20 r 21 r 22 23 r 24 25 r 26 r 27 28 r 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 washi ng is exempted from these regulations where health, safety and welfare of the public is contingent uponfrequent 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 thei r customers except when specifically requested. The operati on of any ornamental fountain or simi 1 ar structure is prohibited unless reclaimed water is used. 6. 7. Agriculture users and commercial nurseries as defined in the Metropol itan Water Di stri ct 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 noJ 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 day's. 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 prohi bited. 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 par~ially reclaimed or recycled water shall be reduced in volume by 20%. Further, such was~ings 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. I I 1 I 2 3 I 4 5 I 6 I 7 1 8 l 9 10 [ 11 r 12 13 r 14 15 r 16 r 17 18 r 19 20 r ,21 r 22 23 r 24 25 r 26 r 27 28 r Ordinance No. 1060, Page 4 (D) 11. 4. Watering parks, school grounds, public facilities, and recreational fields i~ permitted only after 6:00 p.m. and before 6:0Q 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. Restaurants sh~l not serve water to their customers except when specifically requested. 7. 8. The operati on of any ornamental fountain or simil ar structure is prohibited. . All water leaks shall be repaired immediately. 9. 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. Exceptions: The prohibited uses of water are not appl icabl e to that u~" of water necessary for publ.ic health and safety or for essential governmental services such as police, fire and other similar emergency services. 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. 2. 3. All outdoor irrigation of vegetation is prohibited. Water shall not be used to wash down streets, gutters, sidewalks, driveways, parking areas, tennis courts, patios, pool ~ecks, or other paved areas, except to alleviate immediate fire or sanitation hazards. 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 i mmedi ate premi ses of a cbmmerci a 1 car wash. The use of water by all types of commercial car washes shall be reduced in volume by 50%. Further, such washings are ~ 1 ~ 2 3 ~ 4 5 ~ .6 ~ 7 -8 ~- 9 10 ~ 11 ~ 12 13 ~ 14 15 L 16 t 17 18 I 19 20 I 21 - I 22 23 I 24 25 I 26 I 27 28 I v,u",u,,~~ nu. "UUU, ,a~~ ~ 13. 14. exempted from these regulations where the health, sa fety and we Hare of the pub 1 i cis conti ngent upon frequent vehicle cleaning su~h 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. Wateri ng of parks, school grounds, publ i c facil it i es 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 1 i vestock wateri ng, is prohi bited.- Restaurants shall not serve water to thei r customers except when specifically requested. 8. 9. The ope rat i on of any ornamental fountain or simil ar structure is prohibited. 10. New construct i on meters or permits for unmetered service will not be issued. Constructi on water shall not be used for earth work or road construction p'urposes. 11. The use of water for. commerci a 1, . manufacturi ng or processing purposes shall be reduced in volume by 50%. No water shall be used for air conditioning purposes. 12. All Water leaks shall be repaired immediately. Excepti ons: The prohi bi ted 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 servi ces.. 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 publ ished a minimum of three (3) consecutive times in a newspaper of general circulation. The stage ~~~_.AL ~d~ I i I I- I- I r I I r r r 9 10 11 12 13 14 15 16 17 18 r 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1060, Page 6 1 2 dèsignated 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. ' 3 4 5 6 7 8 (D) 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 gi ven to each vi 01 ator.. 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 fi ne of Forty-Fi ve doll ars ($45.00). Upon a fourth violation, the violator shall be subject to a fine of Fifty-Five dollars ($55.00). (B) (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 devi~e shall be $65.00 and shall be paid by the customer prior to .removal. ' 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. ADDeal Procedure. A customer shall have the right to appeal by fil ing 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 sh~l be issued. The City Councilor 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. / / / / / / r r r r r r r r r r r r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19 20 r r ~1 Ordinance No. 1060, Page 7. PASSED AND ADOPTED by the City Council o~ the City of Tustin at a regular meeting held on the ~8th day of March , 1991. yy\ f. U MARY ~N, City ~ ~TATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1060 SS 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, ë¡nd was' given its second reading and duly passed and adopted at a meeting of the City Council held on the 18th day of March ,1991, by the foll owing roll call vote: COUNCILMEMBER AYES: 'Edgar, Puckett, Pontious, Potts, Prescott COUNCILMEMBER'NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None ~iV'-"-\ £. LJ~F Mary. . wynð' City C rtf l l l I l I I I I I I I 1 2 3 RESOLUTION 90-53 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING A VOLUNTARY WATER CONSERVATION PROGRAM REDUCING WATER CONSUMPTION BY TEN (10) PERCENT 6 WHEREAS, periodic droughts are a historic fact in the State 7 of Californi~; and. 8 WHEREAS, California is entering a fourth consecutive year of below normal precipitation; and 9 WHEREAS, because precipitation for the current water year has 10 been substantially below normal particularly in the water sheds of the imported water supplies serving Southern California, the 11 California Department of Water Resources has declared 1990 to be a critically dry year, and many communities in the State will 12 suffer water shortages; and WHEREAS, a drought management program is essential to reduce 13 the severity of water shortages; and 14 WHEREAS, the GOvernor of the State of California has asked all 15 Californians to conserve water on a voluntary basis; and. 16 WHEREAS, the Municipal Water District of Orange County's (MWDOC) fundamental responsibilities are to obtain water from 17 etropolitan and other sources, to distribute adequate supplies of high quality imported water to the public at the lowest feasible 18 cost, and to conserve such supplies in times of shortagès; and 19 . WHEREAS, in recognition of the critical water conditions existing in California, the MWDOC Board of Directors approved esolution No. 1406 on the California Drought on March 21, 1990; nd . . 21 WHEREAS, The Resolution requests every water supplier within DOC's service area to alert its customers to the necessity and eans of saving water and to carefully monitor water uses to revent waste and request every water supplier with MWDOC' s service rea to develop and implement specific water conservation measures ith a goal of reducing water by ten (10) percent; and WHEREAS, the city of Tustin is a water supplier within MWDOC's ervice area ànd has the power and authority to adopt water ~I o""e~ation mea"ure" a" appropriate wiiliin ite boundadee. 28 I I I I I I I I I I I I I I I I I I I 1 2 NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to implement a voluntary drought management program, with a goal of reducing water use by ten (10) percent, to reduce the risk and severity of water shortages should the drought continue in 1990; and 3 4 5 BE IT FURTHER RESOLVED, that the City of Tustin urges all consumers to: 6 Adjust sprinklers and irrigation systems to avoid over-spray, run- 7 off and waste; - 8 9 Avoid watering in the hot part of the day and during morning and evening peak hours (6 to 9 a.m. and 4 to 8 p.m.) and avoid watering on windy days; 10 Install low-watering landscaping and energy efficient irrigation systems where appropriate; - 11 Shut off decorative fountains unless a water recycling system is 12 used; 13 Do not hose down driveways, sidewalks and other paved surfaces, except for health or sanitary reasons; 14 15 Install pool evaporation; to and minimize to water loss spa covers due 16 Do not waste water while washing cars, or other vehicles and use a bucket or a hose with an automatic cutoff valve; 17 Retrofit indoor plumbing fixtures with low-flow devices; 18 19 Check faucets, toilets, and pipes (both indoor and outdoor) leaks and repair immediately; for 20 Reduce. other interior or exterior used of water to eliminate exceSSlve waste. 21 BE IT FURTHER RESOLVED, that the City of Tustin will encourage 22 restaurants within its jurisdictions not to serve drinking water to any customer except upon request and to notify customers through 23 appropriate written notification in all serving areas; and 24 BE IT FURTHER RESOLVED, that the city of Tustin finds that a phased program beginning with voluntary measures to reduce 25 consumption will best achieve the goal of conserving the water supply without causing unnecessary adverse economic consequences; 26 and - 27 28 2 I I 1 I 2 3 I 4 5 I 6 I 7 8 I 9 10 I 11 I 12 13 I 14 15 I 16 I 17 18 19 20 21 22 23 24 25 26 27 28 BE IT FURTHER RESOLVED, that if voluntary me9.sures do not achieve the goal of a ten (10) percent reduction in water use, the City of Tustin may consider the adoption of a mandatory water conservation program. PASSED AND ADOPTED this 21st day of May , 1990. ic' Þ.TTEST: a:resolutn.wtr 3