Loading...
HomeMy WebLinkAbout2008-09-17; City Council; MinutesCITY OF CARLSBAD CITY COUNCIL WORKSHOP SPECIAL MEETING Faraday Administration Offices 1635 Faraday Avenue Room173A Carlsbad, CA 92008 Wednesday, September 17, 2008 11 a.m. to conclusion of business at approximately 1 p.m. Minutes CALL TO ORDER: The Mayor called the meeting to order at 11:00 a.m. ROLL CALL: Mayor Lewis, Mayor Pro Tem Kulchin, Council Members Hall, Packard and Nygaard. 1. Council discussion on Council Member reports on regional roles and assignments, as necessary, including: Nygaard Packard Hall Kulchin Buena Vista Lagoon JPA City/School Committee LOSSAN Corridor Board of Directors North County Dispatch Joint Powers Authority (alternate) North County Transit District Board of Directors North County Transit District Planning Committee Buena Vista Lagoon JPA City/School Committee EFJPA Encina Joint Powers (JAC) Encina Wastewater Authority League of California Cities - SD Division League of California Cities Transportation, Committee North County Dispatch Joint Powers Authority Communication & Public Works Chamber of Commerce Liaison League of California Cities Revenue and Taxation Committee SANDAG Board of Directors SANDAG Public Safety Committee SANDAG Executive Committee American Coastal Coalition Board of Directors American Shore & Beach Preservation Association, Board of Directors CalCoast Board of Directors Carlsbad ConVis (alternate) Encina Joint Powers (JAC) Encina Wastewater Authority (EWA) North County Transit District (alternate) *San Diego Authority for Freeway Emergencies (SAFE) City Council Workshop Minutes September 17, 2008 Page 2 ndSANDAG Board of Directors (2 alternate) *SANDAG Shoreline Preservation Committee Lewis Chamber of Commerce Liaison LAFCO Cities Advisory Committee North County Mayors and Managers SANDAG (1st alternate) San Diego County Water Authority Board of Directors There was no discussion or action on this item. Requests to Speak on a listed item: A total of 15 minutes is provided. Please submit a speaker card indicating the item you wish to address. Comments/speakers are limited to three (3) minutes each. There was no public comment. 2. Discussion and demonstration of Fire Department equipment and apparatuses. Fire Chief Kevin Crawford and Division Chief Chris Heiser introduced the item. At 11:03 a.m. all five members of the City Council adjourned to the eastern parking lot of the City's Faraday Building to observe and discuss Fire Department equipment and apparatuses. Administrative Battalion Chief Mike Davis gave an overview of the Command Vehicle and the software that lists calls and maps incident areas. In response to Council, Chief Davis noted that the software is updated continuously. EMS Manager Linda Allington and her Paramedic crew gave a demonstration of a young patient that needed critical care from the Mobile Intensive Care Unit. Manager Allington responded to Council regarding the role of the EMS Manager. Captain John Feess discussed the Type I engine duties and staffing. He also discussed the skill sets and tools needed for running this engine. Chief Heiser gave an overview of how this type of engine is scheduled. Captain Chris Lawrence explained the functions, capabilities, and training needed for work on the 2275 Fire Aerial Apparatus. Chief Heiser noted that 40% of the Department is trained on this vehicle. A demonstration/simulation of the ladder engine was enacted. At 11:54 p.m. all five Council Members adjourned to Room 173A for lunch and continuation of the meeting. Chiefs Heiser and Crawford answered questions for Council regarding the following: working relationships and communication with hospitals, solar panels and fire safety, and water conservation at a fire site. A handout "Carlsbad Fire Department Discussion & Presentation of Fire Apparatus" was presented to Council on file in the office of the City Clerk accompanied the presentation and discussion). 3. Review and discussion of proposed Drought Response Conservation Program. Public Works Director Glenn Pruim and Deputy Public Works Director Mark Stone made a presentation to Council. (A draft Ordinance and Presentation regarding Drought Response Conservation Program are on file in the Office of the City Clerk). After receiving a portion of City Council Workshop Minutes September 17, 2008 Page 3 the presentation Council directed the City Manager to place a City Council report item regarding Level 1 drought response on the September 23, 2008 agenda. In addition, Council asked that the City Manager continue this item to the Workshop meeting of October 15, 2008. Council Members agreed that the City must be proactive regarding generation of public awareness regarding Level 1 and future water cut backs. 4. Discussion of Council efficiency and effectiveness including impact of regional assignments with regard to contact with other Council members, decision and policymaking, serving the community and effective methods of feedback. There was no discussion or action on this item. 5. City Manager review of goal and major project tracking report and update discussion of Council goal setting process and discussion of capacity and effectiveness in the delivery of City processes and services. There was no discussion or action on this item. 6. Discussion of feedback, communications or correspondence on issues for the good of the community, including directions to the City Manager or City Attorney, as appropriate, for the scheduling of items for future agendas, workshops or study sessions. There was no discussion or action on this item. Requests to Speak: Continuation of Requests to Speak (if necessary) ADJOURNMENT The Mayor adjourned the meeting at 1:05 p.m. .orratoe M. Wood, Certified MunFcipal Clerk City Clerk 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CARLSBAD MUNICIPAL WATER 3 DISTRICT ADOPTING A DROUGHT RESPONSE CONSERVATION PROGRAM 4 5 WHEREAS, article 10, section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare; and g WHEREAS, conservation of current water supplies and minimization of the effects of g water supply shortages that are the result of drought are essential to the public health, safety and welfare; and10 WHEREAS, regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, installation and use of water-12 saving devices, provide an effective and immediately available means of conserving water; and 13 WHEREAS, California Water Code sections 375 et seq. authorize water suppliers to 14 adopt and enforce a comprehensive water conservation program; and 15 WHEREAS, adoption and enforcement of a comprehensive water conservation program 16 will allow the Carlsbad Municipal Water District (CMWD) to delay or avoid implementing 17 measures such as water rationing or more restrictive water use regulations pursuant to a 18 declared water shortage emergency as authorized by California Water Code sections 350 et 19 seq.; and 20 WHEREAS, San Diego County is a semi-arid region and local water resources are 21 scarce. The region is dependent upon imported water supplies provided by the San Diego 22 County Water Authority, which obtains a substantial portion of its supplies from the Metropolitan 23 Water District of Southern California. Because the region is dependent upon imported water 24 supplies, weather and other conditions in other portions of this State and of the Southwestern 25 United States affect the availability of water for use in San Diego County; and 26 WHEREAS, the San Diego County Water Authority has adopted an Urban Water 27 Management Plan that includes water conservation as a necessary and effective component of 28 the Water Authority's programs to provide a reliable supply of water to meet the needs of the Water Authority's 24 member public agencies, including the CMWD. The Water Authority's 2 Urban Water Management Plan also includes a contingency analysis of actions to be taken in 3 response to water supply shortages. This ordinance is consistent with the Water Authority's 4 Urban Water Management Plan; and 5 WHEREAS, as anticipated by its Urban Water Management Plan, the San Diego County 6 Water Authority, in cooperation and consultation with its member public agencies, has adopted 7 a Drought Management Plan, which establishes a progressive program for responding to water 8 supply limitations resulting from drought conditions. This ordinance is intended to be consistent 9 with and to implement the Water Authority's Drought Management Plan; and 10 WHEREAS, the Water Authority's Drought Management Plan contains three stages 11 containing regional actions to be taken to lessen or avoid supply shortages. This ordinance 12 contains drought response levels that correspond with the Drought Management Plan stages; 13 and 14 WHEREAS, the CMWD, due to the geographic and climatic conditions within its territory 15 and its dependence upon water imported and provided by the San Diego County Water 16 Authority, may experience shortages due to drought conditions, regulatory restrictions enacted upon imported supplies and other factors. The CMWD has adopted an Urban Water Management Plan that includes water conservation as a necessary and effective component of18 its programs to provide a reliable supply of water to meet the needs of the public within its 19 service territory. The CMWD's Urban Water Management Plan also includes a contingency 20 analysis of actions to be taken in response to water supply shortages. This ordinance is 21 consistent with the Urban Water Management Plan adopted by the CMWD; and 22 WHEREAS the water conservation measures and progressive restrictions on water use 23 and method of use identified by this ordinance provide certainty to water users and enable 24 CMWD to control water use, provide water supplies, and plan and implement water 25 management measures in a fair and orderly manner for the benefit of the public; 26 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad 27 28 1 Municipal Water District of the City of Carlsbad, California, as follows: 2 1. That the above recitations are true and correct. 3 2. The Board of Directors of the Carlsbad Municipal Water District of the City of 4 Carlsbad, California, hereby ordains as follows: 5 SECTION 1.0 DECLARATION OF NECESSITY AND INTENT 6 (a) This ordinance establishes water management requirements necessary to conserve water, 7 enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable method of use of 3 water within the CMWD in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce g natural resource that requires careful management not only in times of drought, but at all times. 10 (b) This ordinance establishes regulations to be implemented during times of declared water shortages, or declared water shortage emergencies. It establishes four levels of drought 11 response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies. 12 (c) Level 1 condition drought response measures are voluntary and will be reinforced through 13 local and regional public education and awareness measures that may be funded in part by CMWD. During drought response condition Levels 2 through 4, all conservation measures and 14 water-use restrictions are mandatory and become increasingly restrictive in order to attain escalating conservation goals. 15 (d) During a Drought Response Level 2 condition or higher, the water conservation measures 16 and water use restrictions established by this ordinance are mandatory and violations are subject to criminal, civil, and administrative penalties and remedies specified in this ordinance 17 and as provided in CMWD Administrative or Municipal Code. 18 SECTION 2.0 DEFINITIONS 19 (a) The following words and phrases whenever used in this chapter shall have the meaning defined in this section: 20 1. "Grower" refers to those engaged in the growing or raising, in conformity with recognized 21 practices of husbandry, for the purpose of commerce, trade, or industry, or for use by public educational or correctional institutions, of agricultural, horticultural or floricultural products, 22 and produced: (1) for human consumption or for the market, or (2) for the feeding of fowl or livestock produced for human consumption or for the market, or (3) for the feeding of fowl or 23 livestock for the purpose of obtaining their products for human consumption or for the market. "Grower" does not refer to customers who purchase water subject to the 24 Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate programs. 25 2. "Water Authority" or "CWA" means the San Diego County Water Authority. 26 27 28 1 3. "DMP" means the Water Authority's Drought Management Plan in existence on the effective date of this ordinance and as readopted or amended from time to time, or an 2 equivalent plan of the Water Authority to manage or allocate supplies during shortages. 3 4. "Metropolitan" or "MWD" means the Metropolitan Water District of Southern California. 4 5. "Person" means any natural person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, 5 college, university, or any other user of water provided by the CMWD. 6 6. "District" or "CMWD" means the Carlsbad Municipal Water District. 7 SECTION 3.0 APPLICATION 8 (a) The provisions of this ordinance apply to any person in the use of any water provided by the 9 CMWD. 10 (b) This ordinance is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to 11 protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and 12 stormwater management plans. 13 (c) Nothing in this ordinance is intended to affect or limit the ability of the CMWD to declare and respond to an emergency, including an emergency that affects the ability of the CMWD to 14 supply water. 15 (d) The provisions of this ordinance do not apply to use of water from private wells or to recycled water.16 (e) Nothing in this ordinance shall apply to use of water that is subject to a special supply 1' program, such as the Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate programs. Violations of the conditions of special supply programs are subject to the penalties established under the applicable program. A person using water subject to a special supply program and other water provided by the CMWD is subject to this ordinance in the use of the other water. 20 SECTION 4.0 DROUGHT RESPONSE LEVEL 1 - DROUGHT WATCH CONDITION 21 (a) A Drought Response Level 1 condition is also referred to as a "Drought Watch" condition. A 22 Level 1 condition applies when the Water Authority notifies its member agencies that due to drought or other supply reductions, there is a reasonable probability there will be supply 23 shortages and that a consumer demand reduction of up to 10 percent is required in order to ensure that sufficient supplies will be available to meet anticipated demands. The Executive 24 Manager shall declare the existence of a Drought Response Level 1 and take action to implement the Level 1 conservation practices identified in this ordinance. 25 (b) During a Level 1 Drought Watch condition, CMWD will increase its public education and 26 outreach efforts to emphasize increased public awareness of the need to implement the following water conservation practices. [The same water conservation practices become 27 28 1 mandatory if CMWD declares a Level 2 Drought Alert condition]: 2 1. Stop washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or 3 sanitation hazards. 4 2. Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, stop water flows onto non-targeted areas, such as 5 adjacent property, non-irrigated areas, hardscapes, roadways, or structures. 6 3. Irrigate residential and commercial landscape before 10 a.m. and after 6 p.m. only. 7 4. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas, including trees and shrubs located on residential and commercial 8 properties that are not irrigated by a landscape irrigation system. 9 5. Irrigate nursery and commercial grower's products before 10 a.m. and after 6 p.m. only. Watering is permitted at any time with a hand-held hose equipped with a positive shut-off 10 nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any 11 time. 12 6. Use re-circulated water to operate ornamental fountains. 13 7. Wash vehicles using a bucket and a hand-held hose with positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) 14 water on-site. Avoid washing during hot conditions when additional water is required due to evaporation. 15 8. Serve and refill water in restaurants and other food service establishments only upon 16 request. *"' 9. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.18 10. Repair all water leaks within five (5) days of notification by the CMWD unless other arrangements are made with the General Manager or Designee. 90.u 11. Use recycled or non-potable water for construction purposes when available. 21 (c) During a Drought Response Level 2 condition or higher, all persons shall be required to 22 implement the conservation practices established in a Drought Response Level 1 condition. 23 SECTION 5.0 DROUGHT RESPONSE LEVEL 2 - DROUGHT ALERT CONDITION 24 (a) A Drought Response Level 2 condition is also referred to as a "Drought Alert" condition. A Level 2 condition applies when the Water Authority notifies its member agencies that due to 25 cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up to 20 percent is required in order to have sufficient supplies available to meet anticipated 2Q demands. The CMWD Board of Directors shall declare the existence of a Drought Response Level 2 condition and implement the mandatory Level 2 conservation measures identified in this 2?" 28 1 ordinance. 2 (b) All persons using CMWD water shall comply with Level 1 Drought Watch water conservation practices during a Level 2 Drought Alert, and shall also comply with the following additional 3 conservation measures: 4 1. Limit residential and commercial landscape irrigation to no more than three (3) assigned days per week on a schedule established by the General Manager and posted by the 5 CMWD. During the months of November through May, landscape irrigation is limited to no more than once per week on a schedule established by the General Manager and posted by 6 the CMWD. This section shall not apply to commercial growers or nurseries. 7 2. Limit lawn watering and landscape irrigation using sprinklers to no more than ten (10) minutes per watering station per assigned day. This provision does not apply to landscape 8 irrigation systems using water efficient devices, including but not limited to: weather based controllers, drip/micro-irrigation systems and stream rotor sprinklers. 9 3. Water landscaped areas, including trees and shrubs located on residential and 10 commercial properties, and not irrigated by a landscape irrigation system governed by section 5 (b) (1), on the same schedule set forth in section 5 (b) (1) by using a bucket, hand- ' 1 held hose with positive shut-off nozzle, or low-volume non-spray irrigation. 12 4. Repair all leaks within seventy-two (72) hours of notification by the CMWD unless other arrangements are made with the General Manager or Designee. 1 O 5. Stop operating ornamental fountains or similar decorative water features unless recycled water is used. 15 SECTION 6.0 DROUGHT RESPONSE LEVEL 3 - DROUGHT CRITICAL CONDITION 16 (a) A Drought Response Level 3 condition is also referred to as a "Drought Critical" condition. A Level 3 condition applies when the Water Authority notifies its member agencies that due to 1' increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to 40 percent is required in order to have sufficient supplies available to meet 8 anticipated demands. The CMWD Board of Directors shall declare the existence of a Drought Response Level 3 condition and implement the Level 3 conservation measures identified in this ordinance. 90 (b) All persons using CMWD water shall comply with Level 1 Drought Watch and Level 2 21 Drought Alert water conservation practices during a Level 3 Drought Critical condition and shall also comply with the following additional mandatory conservation measures: 22 1. Limit residential and commercial landscape irrigation to no more than two (2) assigned days per week on a schedule established by the General Manager and posted by the CMWD. During the months of November through May, landscape irrigation is limited to no 24 more than once per week on a schedule established by the General Manager and posted by the CMWD. Limit lawn watering and landscape irrigation using sprinklers to no more than 25 ten (10) minutes per watering station per assigned day. This section shall not apply to commercial growers or nurseries. pfl 2. Water landscaped areas, including trees and shrubs located on residential and 27 28 1 commercial properties, and not irrigated by a landscape irrigation system governed by section 6 (b) (1), on the same schedule set forth in section 6 (b) (1) by using a bucket, hand- 2 held hose with a positive shut-off nozzle, or low-volume non-spray irrigation. 3 3. Stop filling or re-filling ornamental lakes or ponds, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively 4 managed within the water feature prior to declaration of a drought response level under this ordinance. 5 4. Stop washing vehicles except at commercial carwashes that re-circulate water, or by high 6 pressure/low volume wash systems. 7 5. Repair all leaks within forty-eight (48) hours of notification by the CMWD unless other arrangements are made with the General Manager or Designee. 8 (c) Upon the declaration of a Drought Response Level 3 condition, no new potable water service 9 shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve 10 letters, certificates, or letters of availability) shall be issued, except under the following circumstances: 11 1. A valid, unexpired building permit has been issued for the project; or 12 2. The project is necessary to protect the public's health, safety, and welfare; or 13 3. The applicant provides substantial evidence of an enforceable commitment that water 14 demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of CMWD.15 This provision shall not be construed to preclude the resetting or turn-on of meters to provide 16 continuation of water service or to restore service that has been interrupted for a period of one year or less. (d) Upon the declaration of a Drought Response Level 3 condition, CMWD will suspend consideration of annexations to its service area. 19 (e) The CMWD may establish a water allocation for property served by the CMWD taking into consideration a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. If the CMWD establishes a water allocation it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the CMWD customarily mails the billing _« statement for fees or charges for on-going water service. Following the effective date of the water allocation as established by the CMWD, any person that uses water in excess of the 23 allocation shall be subject to a penalty in the amount equal to the penalty rate established by the Metropolitan Water District for each billing unit of water in excess of the allocation. The penalty 24 for excess water usage shall be cumulative to any other remedy or penalty that may be imposed for violation of this ordinance. 25 SECTION 7.0 DROUGHT RESPONSE LEVEL 4 - DROUGHT EMERGENCY 26 CONDITION 27 28 1 (a) A Drought Response Level 4 condition is also referred to as a "Drought Emergency" condition. A Level 4 condition applies when the Water Authority Board of Directors declares a 2 water shortage emergency pursuant to California Water Code section 350 and notifies its member agencies that Level 4 requires a demand reduction of more than 40 percent in order for 3 the CMWD to have maximum supplies available to meet anticipated demands. The CMWD Board of Directors shall declare a Drought Emergency in the manner and on the grounds 4 provided in California Water Code section 350. 5 (b) All persons using CMWD water shall comply with conservation measures required during Level 1 Drought Watch, Level 2 Drought Alert, and Level 3 Drought Critical conditions and shall 6 also comply with the following additional mandatory conservation measures: 7 1. Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the 8 CMWD has determined that recycled water is available and may be lawfully applied to the use. 9 A. Maintenance of trees and shrubs that are watered on the same schedule set forth in 10 section 6 (b) (1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation; B. Maintenance of existing landscaping necessary for fire protection as specified by the 12 Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated; 13 C. Maintenance of existing landscaping for erosion control;14 D. Maintenance of plant materials identified to be rare or essential to the well being of 15 rare animals; 16 E. Maintenance of landscaping within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such 1' irrigation does not exceed two (2) days per week according to the schedule established under section 6 (b) (1);18 F. Watering of livestock; andI y G. Public works projects and actively irrigated environmental mitigation projects. 21 2. Repair all water leaks within twenty-four (24) hours of notification by the CMWD unless other arrangements are made with the General Manager or Designee. 22 3. The District may install a flow restricting device of one gallon per minute (1 GPM) capacity --a for services of up to one and one-half inch (1-1/2") size and comparatively sized restrictors for larger services upon a prior determination that the customer has repeatedly violated the 24 provisions of this Ordinance or the Carlsbad Water Ethic regarding the conservation of water and that such action is reasonably necessary to assure compliance with this ordinance and 25 the Carlsbad Water Ethic regarding the conservation of water. 26 Any willful tampering with or removal of any flow restriction devise shall result in termination of service for a period to be determined by the General Manager. 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 24 25 26 27 28 Prior to any restoration of service, the customer shall pay all District charges for any restriction of service and its restoration as provided for in the District's rules governing water service. (c) The CMWD may establish a water allocation for property served by the CMWD. If the CMWD establishes a water allocation it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the CMWD customarily mails the billing statement for fees or charges for on-going water service. Following the effective date of the water allocation as established by the CMWD, any person that uses water in excess of the allocation shall be subject to a penalty in the amount equal to the penalty rate established by the Metropolitan Water District for each billing unit of water in excess of the allocation. The penalty for excess water usage shall be cumulative to any other remedy or penalty that may be imposed for violation of this ordinance. SECTION 8.0 CORRELATION BETWEEN DROUGHT MANAGEMENT PLAN AND DROUGHT RESPONSE LEVELS (a) The correlation between the Water Authority's DMP stages and the CMWD's drought response levels identified in this ordinance is described herein. Under DMP Stage 1, the CMWD would implement Drought Response Level 1 actions. Under DMP Stage 2, the CMWD would implement Drought Response Level 1 or Level 2 actions. Under DMP Stage 3, the CMWD would implement Drought Response Level 2, Level 3, or Level 4 actions. (b) The drought response levels identified in this ordinance correspond with the Water Authority DMP as identified in the following table: Drought Response Levels 1 - Drought Watch 2 - Drought Alert 3 - Drought Critical 4 - Drought Emergency Use Restrictions Voluntary Mandatory Mandatory Mandatory Conservation Target Up to 10% Up to 20% Up to 40% Above 40% DMP Stage Stage 1 or 2 Stage 2 or 3 Stage 3 Stage 3 SECTION 9.0 PROCEDURES FOR DETERMINATION AND NOTICATION OF DROUGHT RESPONSE LEVEL (a) The existence of a Drought Watch condition may be declared by the Executive Manager upon a written determination of the existence of the facts and circumstances supporting the determination. A copy of the written determination shall be filed with the Clerk or Secretary of the CMWD and provided to the CMWD Board of Directors. The CMWD may publish a notice of the determination of existence of Drought Response Level 1 condition in one or more newspapers, including a newspaper of general circulation within the CMWD. The CMWD may also post notice of the condition on their website. (b) The existence of Drought Response Level 2 or Level 3 conditions may be declared by resolution of the CMWD Board of Directors adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation measures applicable to Drought 1 Response Level 2 or Level 3 conditions shall take effect on the tenth (10) day after the date the response level is declared. Within five (5) days following the declaration of the response level, 2 the CMWD shall publish a copy of the resolution in a newspaper used for publication of official notices. 3 (c) The existence of a Drought Response Level 4 condition may be declared in accordance 4 with the procedures specified in California Water Code sections 351 and 352. The mandatory conservation measures applicable to Drought Response Level 4 conditions shall take effect on 5 the tenth (10) day after the date the response level is declared. Within five (5) days following the declaration of the response level, the CMWD shall publish a copy of the resolution in a 6 newspaper used for publication of official notices. If the CMWD establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement for the fee or 7 charge or by any other mailing to the address to which the CMWD customarily mails the billing statement for fees or charges for on-going water service. Water allocation shall be effective on 8 the fifth (5) day following the date of mailing or at such later date as specified in the notice. 9 (d) The CMWD Board of Directors may declare an end to a Drought Response Level by the adoption of a resolution at any regular or special meeting held in accordance with State law. 10 SECTION 10.0 HARDSHIP VARIANCE 11 (a) If, due to unique circumstances, a specific requirement of this ordinance would result in 12 undue hardship to a person using agency water or to property upon which agency water is used, that is disproportionate to the impacts to CMWD water users generally or to similar property or classes of water uses, then the person may apply for a variance to the requirements as provided in this section.14 (b) The variance may be granted or conditionally granted, only upon a written finding of the existence of facts demonstrating an undue hardship to a person using agency water or to property upon with agency water is used, that is disproportionate to the impacts to CMWD water 16 users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.17 1. Application. Application for a variance shall be a form prescribed by CMWD and shall be 8 accompanied by a non-refundable processing fee in an amount set by resolution of the CMWD Board of Directors.19 20 2. Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. 21 3. Required Findings for Variance. An application for a variance shall be denied unless the 22 approving authority finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the CMWD, all of the following: A. That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other CMWD customers. 25 B. That because of special circumstances applicable to the property or its use, the strict 2Q application of this ordinance would have a disproportionate impact on the property or use that exceeds the impacts to customers generally. 27 28 1 C. That the authorizing of such variance will not be of substantial detriment to adjacent 2 properties, and will not materially affect the ability of the CMWD to effectuate the purpose of this chapter and will not be detrimental to the public interest. 3 D. That the condition or situation of the subject property or the intended use of the 4 property for which the variance is sought is not common, recurrent or general in nature. 5 4. Approval Authority. The General Manager or Designee shall exercise approval authority and act upon any completed application no later than 10 days after submittal and may 6 approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken. Unless specified otherwise at the 7 time a variance is approved, the variance applies to the subject property during the term of the mandatory drought response. 8 5. Appeals to CMWD Executive Manager or Designee(s). An applicant may appeal a 9 decision or condition of the General Manager on a variance application to the CMWD Executive Manager or Designee(s) within 10 days of the decision upon written request for a 10 hearing. The request shall state the grounds for the appeal. At the appeal hearing, the CMWD Executive Manager or Designee(s) shall act as the approval authority and review the appeal de novo by following the regular variance procedure. The decision of the CMWD Executive Manager or Designee(s) is final.12 SECTION 11.0 VIOLATIONS AND PENALTIES13 (a) Any person, who uses, causes to be used, or permits the use of water in violation of this ordinance is guilty of an offense punishable as provided herein. ^ 5 (b) Each day that a violation of this ordinance occurs is a separate offense. 16 (c) Administrative fines may be levied for each violation of a provision of this ordinance as follows: 1. For the first violation by any customer of any of the provisions of this Ordinance or the 18 Carlsbad Water Ethic, the District shall verbally notice the fact of such violation to the customer,i y 2. For a second violation by any customer of any of the provisions of this Ordinance or the Carlsbad Water Ethic, the District shall issue a written notice of the fact of such violation to 21 the customer. 22 3. For a third violation by a customer of any provision of this Ordinance or the Carlsbad Water Ethic, the District may install a flow restricting device of one gallon per minute (1 GPM) capacity for services of up to one and one-half inch (1 -1/2") size and comparatively sized restrictors for larger services upon a prior determination that the customer has 24 repeatedly violated the provisions of this Ordinance or the Carlsbad Water Ethic regarding the conservation of water and that such action is reasonably necessary to assure 25 compliance with this Ordinance or the Carlsbad Water Ethic regarding the conservation of water. In addition, the District may levy an administrative fine of one hundred dollars. 4. Two hundred dollars for a fourth violation of any provision of this ordinance within one 27 28 1 year. 2 5. Five hundred dollars for each additional violation of this ordinance within one year. 3 (d) Each violation of this ordinance may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days or by a fine not exceeding 4 $1,000, or by both as provided in Water Code section 377. 5 (e) Willful violations of the mandatory conservation measures and water use restrictions as set forth in Section 7.0 and applicable during a Stage 4 Drought Emergency condition may be 6 enforced by discontinuing service to the property at which the violation occurs as provided by Water Code section 356. 7 (f) All remedies provided for herein shall be cumulative and not exclusive. 8 SECTION 12.0 EFFECTIVE DATE 9 This ordinance is effective immediately upon adoption or as otherwise established by State law 10 forCMWD. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 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 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2008, and thereafter PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the day of , 2008 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, President ATTEST: LORRAINE M. WOOD, Secretary (SEAL) CITY OFCARLSBAD Ordinance of the Drought Response Conservation Program /\Outline of Discussion •y^ CITY OF ^ 13 i j CARLSBAD> Background > Declaration of Necessity and Intent > Definitions > Application > Drought Response Levels > Correlation Between Drought Management Plan and Drought Response Levels > Procedures for Determining and Notification of the Drought Response Levels > Hardship Variance > Violations and Penalties Background CARLSBAD > California Constitution declares that waters of the State are to be put to beneficial use. > Conservation of water supplies. > Regulation of water use. > California Water Code 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program. > A comprehensive water conservation program will allow the CMWD to delay or avoid implementing water rationing pursuant to a declared water shortage emergency. Background Continued CITY OFCARLSBAD > The region is dependent upon imported water supplies. > The Water Authority's Urban Water Management Plan includes actions to be taken in response to water supply shortages. > This ordinance is consistent with the Water Authority's Urban Water Management Plan. > CWA, in cooperation and consultation with its member public agencies, has adopted a Drought Management Plan. > This ordinance is also consistent with CWA's Drought Management Plan. Background Continued r0 CARLSBAD > CMWD is 1 00% dependent upon imported water. > CMWD has also adopted an Urban Water Management Plan. > This ordinance is consistent with the Urban Water Management Plan adopted by the CMWD. > This ordinance provides water conservation measures and progressive restrictions on water use. > It enables CMWD to control water use in a fair and orderly manner for the benefit of the public. Declaration of Necessity CITY OFT T , , CARLSBADand Intent > This ordinance establishes water management requirements necessary to conserve water. > This ordinance establishes regulations to be implemented during times of declared water shortages, or declared water shortage emergencies. > Level 1 condition drought response measures are voluntary. > Drought response conditions Level 2 through 4, are mandatory and become increasingly restrictive. Definitions «|> CITY OFCARLSBAD > "Grower" refers to those engaged in growing or raising products for Human Consumption. > "Water Authority" means the San Diego County Water Authority. > "DMP" means the Water Authority's Drought Management Plan. > "Metropolitan" means the Metropolitan Water District of Southern California. > "Person" means any natural person, corporation, public, or private entity agency, or institution, or any other user of water provided by the CMWD> > "District" or "CMWD" means the Carlsbad Municipal Water District Application CITY OFCARLSBAD > The provisions of this ordinance apply to any person using any potable water provided by CMWD. > This ordinance is intended solely to further the conservation of water. > Nothing in this ordinance is intended to affect or limit the ability of the CMWD to declare and respond to emergencies. > Provisions of this ordinance do not apply to use of water from private wells or to recycled water. > Nothing in this ordinance shall apply to use of water that is subject to special supply programs. Drought Response Level 1 - Drought Watch Condition CITY OFCARLSBAD > A Drought Response Level 1 condition is also referred to as a "Drought Watch" condition. > A Consumer demand reduction of up to 10 percent is required. > The Executive Manager will declare the existence of a Drought Response Level 1. > During a Level 1 Drought Watch condition, CMWD will increase Public Outreach. CITY OFCARLSBAD > There are 11 conservation practices in level 1. • Stop washing down paved surfaces. • Wash vehicles using a bucket and a hand held hose with positive shut-off nozzle. • Serve water in restaurants only upon request. • Offer guests in hotels the option of not laundering towels and linens daily. WU*" Drought Response Level 2 - Drought Alert Condition CITY OFCARLSBAD > A Drought Response Level 2 condition is also referred to as a "Drought Alert" condition. > A consumer demand reduction of up to 20 percent. > The CMWD Board of Directors shall declare the existence of a Drought Response Level 2 condition. > All persons shall also comply with Level 1 Drought Watch water conservation practices during a Level 2 Drought Alert. CITY OFCARLSBAD > Limit residential and commercial landscape irrigation to no more than three assigned days per week. > Limit lawn watering and landscape irrigation to no more than ten minutes per watering station per assigned day. > Water landscaped areas not on a irrigation system by using a bucket, handheld hose. > Repair leaks within 72 hours > Stop operating ornamental fountains unless recycled water is used. wn*v CITY OFCARLSBAD > No new potable water service shall be provided except as noted in the ordinance. > Upon the declaration of a Drought Response Level 3 condition, CMWD will suspend consideration of annexations to its service area. > CMWD may establish a water allocation. > Any person that uses water in excess of the allocation shall be subject to a penalty in the amount equal to the penalty rate established by MWD, of water in excess of the allocation. Drought Response Level 3 - Drought Critical Condition CITY OFCARLSBAD > A Drought Response Level 3 condition is also referred to as a "Drought Critical" condition. > A mandatory consumer demand reduction of up to 40 percent. > The CMWD Board of Directors shall declare the existence of a Drought Response Level 3 condition. > All persons shall also comply with Level I Drought Watch and Level 2 Drought Alert. CITY OFCARLSBAD > Limit residential and commercial landscape irrigation to no more than two assigned days per week. > November through May, landscape irrigation is limited to no more than once per week. > Water landscaped areas, not irrigated by a landscape irrigation system, by using a bucket, handheld hose. > Stop filling or re-filling ornamental lakes or ponds. > Stop washing vehicles except at commercial carwashes that re-circulate water. > Repair all leaks within 48 hours. Drought Response Level 4 - -rx i -i^ ^ T •Drought Emergency Condition OTOFCARLSBAD > A drought Response Level 4 condition is also referred to as a "Drought Emergency" > Level 4 requires a demand reduction of more than 40 percent. > All persons shall also comply with conservation measures required during Level 1, Level 2 and Level 3 conditions. CITY OFCARLSBAD > Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. > Restriction shall not apply to the following categories. • Maintenance of trees and shrubs. • Maintenance of existing landscaping necessary for fire protection. • Maintenance of existing landscaping for erosion control. • Maintenance of plant materials identified to be rare. • Maintenance of landscaping within active public and playing fields, etc. • Watering of livestock. • Public works projects. * CITY OF > Repair all water leaks within 24 hours. > The District may install a flow restricting device. > Willful tampering or removal shall result in termination of service. > The customer shall pay all District charges for any restriction of service and its restoration as provided for in the District's rules. > CMWD may establish a water allocation for property served by the CMWD. > Excess use above allocation shall be subject to a penalty in the amount equal to the penalty rate established by MWD. Correlation Between Drought Management Plan and Drought CARLSBAD Response Levels > The Drought Response Levels in this ordinance correspond with CWA's - DMP. > The DMP contains 3 stages of actions CWA will take in a drought. > The DMP has a formula of methodology or to determine the amount of water each agency will be allocated during supply cutbacks. J^A** ,*$* A * <^*lro L\ o x\£' tf$ . . NVX Procedures for Determination CARLSBAD and Notification of Drought Response Level > Executive Management - Level I > CMWD Board - Level II through IV > The CMWD Board of Directors may declare an end to a Drought Response Level by the adoption of a resolution at any regular or special meeting. Hardship Variance CARLSBAD > Due to unique circumstances a person may apply for a variance to the requirements as provided in this section. > Only upon a written finding of the existence of facts demonstrating an undue hardship to a person using agency water. CITY OF > Application for a variance shall be a form RLSBAD prescribed by CMWD. > Supporting Documentation. > Required Findings for Variance. • The variance does not constitute a grant of special privilege. • The strict application of this ordinance would have a disproportionate impact on the property. • The authorizing of such variance will not be of substantial detriment to adjacent properties. • The condition or situation of the subject property for which the variance is sought is not common. . Violations and Penalties C.TYOFCARLSBAD > For the first violation by any customer shall be verbally notified. > A second violation by any customer shall be issued a written notice. > A third violation by a customer, the District may install a flow restricting device. The District may levy an administrative fine of one hundred dollars. > Two hundred dollars for a fourth violation. > Five hundred dollars for each additional violation. > Each violation of this ordinance may be prosecuted. > Willful violations of the mandatory conservation measures may be enforced by discontinuing service to the property. What's Next CARLSBAD > We will modify the ordinance based on today's workshop. >We will schedule the ordinance to be discussed at council. CITY OFCARLSBAD Questions? Drought Response Levels \JC\C\ 1 Ixvcl 2 ljcvc\ 3 Ijevcl 4 Drought Watch Drought Alert Drought Critical Drought Emerge ncy Trigger •I-cvel 1 applies when the Water Authority notifies its member agencies that due to drought, or other supply reductions, diere is a reasonable probability of supply shortages and dial a consumer demand reduction of up to 10% is required in order ensure that sufficient supplies will be available to meet anticipated demands. •The Carlsbad Municipal Water District (CMWD) General Manager shall declare the existence of Level 1 and take action to implement the Level 1 conservation practices identified in tliis ordinance. •Ixivel 2 applies when the Water Authority notifies its member agencies that due to cutbacks caused by drought or oilier reduction in supplies, a consumer demand reduction of up to 20% is required in order to have sufficient supplies available to meet anticipated demands. •The CMWD Board of Directors shall declare die existence of Level 2 condition and implement die mandatory Level 2 conservation measures identified in diis ordinance. •Ixivcl 3 applies when the Water Audiority notifies its member agencies dial due to increasing cutbacks caused by drought or odier reduction of supplies, a consumer demand reduction of up to 40% is required in order to have sufficient supplies available to meet anticipated demands. •The CMWD Board of Directors shall declare die existence of a Level 3 condition and implement die Level 3 conservation measures identified in diis ordinance. •A I-evel 4 condition applies when die Water Audiority Board declares a water shortage emergency pursuant to Water Code Section 350 and notifies its member agencies dial Level 4 requires a demand reduction of more dian 40% in order for the CMWD to have maximum supplies available to meet anticipated demands. •The CMWD shall declare a Drought Emergency in die manner provided in Water Code Section 350. Voluntary or Mandatory Restrictions Voluntary Mandatory Mandatory Mandatory Customer Conservatio n Targets Up to 10% Up to 20% Up to 40% Above 40% CWA BMP Stage Stage 1 or Stage 2 Stage 2 or Stage 3 Stage 3 Stage 3 Drought Response Levels Level 1 Drought Watch Voluntary or Mandatory Use Restrictions Voluntary Retail Conservation Levels Up to 10% CWADMP Stage Stage 1 or Stage 2 Water-Use Restrictions l.Stop washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards. 2.Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, stop water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. S.Irrigate residential and commercial landscape before 10 a.m. and after 6 p.m. only. 4.Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas, including trees and shrubs located on residential and commercial properties that are not irrigated by a landscape irrigation system. ^.Irrigate nursery and commercial grower's products before 10 a.m. and after 6 p.m. only. Watering is permitted at any time with a hand-held hose equipped with a positive shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time. G.Use re-circulated water to operate ornamental fountains. 7.Wash vehicles using a bucket and a hand-held hose with positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) water on-site. Avoid washing during hot conditions when additional water is required due to evaporation. 8.Serve and refill water in restaurants and other food service establishments only upon request. 9.Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily. 10.Repair all water leaks within five (5) days of notification by the CMWD unless other arrangements are made with the General Manager. 11 .Use recycled or non-potable water for construction purposes when available. Restrictions shall not apply to use of water from private wells or to the use of recycled water. Drought Response Levels I^vel 2 Drought Alert Voluntary or Mandatory Use Restrictions Mandatory Retail Conservation Levels Up to 20% CWADMP Stage Stage 2 or Stage 3 Water-Use Restrictions Level 1 water-use restriction, plus: 1.Limit residential and commercial landscape irrigation to no more than three assigned days per week on a schedule established by the General Manager and posted by the CMWD. During the months of November through May, landscape irrigation is limited to no more than once per week on a schedule established by the General Manager and posted by the CMWD. This section shall not apply to commercial growers or nurseries. 2.Limit lawn watering and landscape irrigation using sprinklers to no more than ten (10) minutes per watering station per day. This provision does not apply to landscape irrigation systems using water efficient devices, including but not limited to: weather based controllers, drip/micro- irrigation systems and stream rotor sprinklers. S.Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by section 5 (b) (1), on the same schedule set forth in section 5 (b) (1) by using a bucket, hand-held hose with positive shut- off nozzle, or low-volume non-spray irrigation. 4.Repair all leaks within seventy-two (72) hours of notification by the CMWD unless other arrangements are made with the General Manager. 5.Stop operating ornamental fountains or similar decorative water features unless recycled water is used. I^evel 3 Drought Critical | Mandatory I Up to 40%Stage 3 Water-Use Restrictions Level 1 and 2 water-use restriction, plus: 1 .limit residential and commercial landscape irrigation to no more than two assigned days per week on a schedule established by die General Manager and posted by the CMWD. During die months of November dirough May, landscape irrigation is limited to no more dian once per week on a schedule established by the General Manager and posted by die CMWD. This section shall not apply to commercial growers or nurseries. 2.Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by section 6 (b) (1), on the same schedule set forth in section 6 (b) (1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation. S.Stop filling or re-filling ornamental lakes or ponds, except to the extent needed to sustain aquatic life, provided diat such animals are of significant value and have been actively managed within the water feature prior to declaration of a drought response level under this ordinance. 4.Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure/low volume wash systems. 1 .Repair all leaks within forty-eight (48) hours of notification by die CMWD unless other arrangements are made widi die General Manager. * No new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates or letters of availability) shall be issued, except under the following circumstances: 1 .A valid, unexpired building permit has been issued for the project; or 2.The project is necessary to protect the public's health, safety, and welfare; or 3.The applicant provides substantial evidence of an enforceable commitment diat water demands for die project will be offset prior to the provision of a new water meter(s) to the satisfaction of CMWD. This provision shall not be construed to preclude die resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less. * Upon declaration of Drought Response Level 3 condition, CMWD will suspend consideration of annexations to its service area. * The CMWD may establish a water allocation for property served by the CMWD using a method diat does not penalize persons for die implementation of conservation methods or die installation of water saving devices. Drought Response levels Ijevel 4 Drought Emergency Voluntary or Mandatory Use Restrictions Mandatory Retail Conservation Levels Above 40% CWA DMP Stage Stage 3 Water-Use Restrictions Level 1, 2, and 3 water-use restriction, plus: l.Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the CMWD has determined that recycled water is available and may be lawfully applied to the use. A.Maintenance of trees and shrubs that are watered on the same schedule set forth in section 6 (b) (1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation; A.Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated; B.Maintenance of existing landscaping for erosion control; C.Maintenance of plant materials identified to be rare or essential to the well being of rare animals; D.Maintenance of landscaping within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according to the schedule established under section 6 (b) (1); E. Watering of livestock; and F.Public works projects and actively irrigated environmental mitigation projects. 1 .Repair all water leaks within twenty-four (24) hours of notification by the CMWD unless other arrangements are made with the General Manager. * The CMWD may establish a water allocation for property served by the CMWD. Correlation between DMP Stages and Model Ordinance Levels DMP Stage 1 2 3 Drought Response Level '•' ••:•'.. 1- Drought Watch 1- Drought Watch 2- Drought Alert 2- Drought Alert 3- Drought Critical 4- Drought Emergency . li«e ,..,.-. Restrictions Voluntary Voluntary Mandatory Mandatory Mandatory Mandatory Conservation Target Up to 10% Up to 10% Up to 20% Up to 20% Up to 40% Above 40% San Diego Ce-tmfy Wafer Author/ty Drought Response Matrix - Firm Demands POTENTIAL SDCWA DROUGHT ACTIONS Ongoing BMP Implementation Communication Strategy Monitoring supply conditions and storage levels Call for voluntary conservation Put in and take from SDCWA Carryover Storage Secure transfer option contracts Buy phase 1 spot transfers (cost at or below Tier 2 rate) Call transfer options Buy phase 2 spot transfers (cost at or below Tier 2 rate) Implement allocation methodology Utilize ESP Supplies STAGES Voluntary Supply Management1 X X X X X X SDCWA Supply Enhancement2 X X X X X X X X X Mandatory Cutbacks X X X X X X X X X X X 1-Activated June 2007 2 - Activated December 2007 Son Dfego County Water Authority Proposed Penalty Rate - CY 2009 Usage Penalty Rate (MWD Treated M&I supply) Total Penalty Rate 100%<Use<115%2 x MWD Tier 2 (2 x $695) $1,390 Use>115%4 x MWD Tier 2 (4 x $695) $2,780 Sample Penalty Calculation Agency A B C Total Allocation (AF) 5,000 1,500 3,500 10,000 Usage (AF) 6,000 1,000 4,000 11,000* Overage (AF) 1,000 0 500 1,500 Overage (Pro Rata Percentage) 66.7% 0% 33.3% 100% Total Penalty Payment 66.7% X$ 1,390,000 = $927,130 $0 33.3% x$ 1,390,000 = $462,870 1000AFX$1,390/AF = $1,390,000 'Regional overage = 1,000 AF Typical Historic Use Historic Use 20 Units Historic Use 20 Units Allocation w/20% Cutback 16 Units Allocation w/20% Cutback 16 Units Usage @ <115% 3 Units Usage® >115% 4 Units Penalty Rate 2 x MWD Tier 2 (2x$1.60/Unit) Penalty Rate 4 x MWD Tier 2 (4x$1.60/Unit) Penalty Rate Charge $9.60 Penalty Rate Charge $25.60 Total Water Use Charge $33.44 + $9.60 $43.04 Total Water Use Charge $35.20 +$25.60 $60.80 Water Districts Legend Water District I | CARLSBAD gH| VALLECITOS •B OLIVENHAIN CARLSBAD 1635 Faraday Av Carlsbad, CA 92008 (760) 602-2420 VALLECITOS 201VatecitosdeOro San Marcos, CA 92069 (760) 744-0460 OLIVENHAIN 1966 OWvenhain Rd Encinitas,CA92024 (760) 753-6466 uuyans