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
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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
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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
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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?"
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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
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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.
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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.
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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