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HomeMy WebLinkAbout2009-12-01; Municipal Water District; 46; Authorizing the GM to set watering schedules...EXHIBIT 1 1 ORDINANCE NO. 46 2 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE 3 CARLSBAD MUNICIPAL WATER DISTRICT AMENDING ORDINANCE NO. 44. TO AUTHORIZE THE GENERAL 4 MANAGER TO SET WATERING SCHEDULES 5 WHEREAS, article 10, section 2 of the California Constitution declares that waters of the 6 State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of 7 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; and 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- 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 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 1 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 Board of Directors of CMWD has adopted an Urban Water Management Plan that includes water conservation as a necessary and effective component of its programs to provide a reliable supply of water to meet the needs of the publici y within its service territory. The CMWD's Urban Water Management Plan also includes a 20 contingency analysis of actions to be taken in response to water supply shortages. This 21 ordinance is consistent with the Urban Water Management Plan adopted by the Board of 22 Directors of CMWD; and 23 WHEREAS the water conservation measures and progressive restrictions on water use 24 and method of use identified by this ordinance provide certainty to water users and enable 25 CMWD to control water use, provide water supplies, and plan and implement water 26 management measures in a fair and orderly manner for the benefit of the public; 27 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad 28 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 7.0 DROUGHT RESPONSE LEVEL 2 - DROUGHT ALERT CONDITION 6 (a) A Drought Response Level 2 condition is also referred to as a "Drought Alert" condition. A 7 Level 2 condition may apply when the Water Authority notifies its member agencies that due to cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up Q to 20 percent is required in order to have sufficient supplies available to meet anticipated demands. The CMWD Board of Directors shall declare the existence of a Drought Response g Level 2 condition and implement the mandatory Level 2 conservation measures identified in this ordinance. 10 (b) All persons using CMWD water shall comply with Level 1 Drought Watch water conservation 11 practices during a Level 2 Drought Alert, and shall also comply with the following additional conservation measures: 12 1. Limit residential and commercial landscape irrigation to assigned days per week on a 13 schedule established by the General Manager. Within five (5) days following the declaration of the response level, the CMWD shall publish a notice of the assigned days in one or more 14 newspapers, including a newspaper of general circulation within the CMWD. The CMWD may also post notice of the condition on its website. This section shall not apply to 15 commercial growers and nurseries. 16 2. Limit lawn watering and landscape irrigation using sprinklers to time limits per watering station per assigned day as established by the General Manager. Within five (5) days 17 following the declaration of the response level, the CMWD shall publish a notice of the assigned time limits in one or more newspapers, including a newspaper of general 18 circulation within the CMWD. The CMWD may also post notice of the condition on its website. This provision does not apply to landscape irrigation systems using water efficient 19 devices, including but not limited to: weather based controllers, drip/micro-irrigation systems and stream rotor sprinklers. 20 3. Water landscaped areas, including trees and shrubs located on residential and 21 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- 22 held hose with positive shut-off nozzle, or low-volume non-spray irrigation. 23 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. 24 5. Stop operating ornamental fountains or similar decorative water features unless recycled 25 water is used. 26 SECTION 8.0 DROUGHT RESPONSE LEVEL 3 - DROUGHT CRITICAL CONDITION 27 (a) A Drought Response Level 3 condition is also referred to as a "Drought Critical" condition. A 28 1 Level 3 condition may apply when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand 2 reduction of up to 40 percent is required in order to have sufficient supplies available to meet anticipated demands. The CMWD Board of Directors shall declare the existence of a Drought 3 Response Level 3 condition and implement the Level 3 conservation measures identified in this ordinance. 4 (b) All persons using CMWD water shall comply with Level 1 Drought Watch and Level 2 5 Drought Alert water conservation practices during a Level 3 Drought Critical condition and shall also comply with the following additional mandatory conservation measures: 6 1 . Limit lawn watering and landscape irrigation using sprinklers to time limits per 7 watering station per assigned day as established by the General Manager. Within five (5) days following the declaration of the response level, the CMWD shall publish a notice 8 of the assigned days in one or more newspapers, including a newspaper of general circulation within the CMWD. The CMWD may also post notice of the condition on its 9 website. This section shall not apply to commercial growers or nurseries. 10 2.Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by 1 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. 12 S.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 managed within the water feature prior to declaration of a drought response 14 level under this ordinance. 4. Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure/low volume wash systems. 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. 1 R (c) Upon the declaration of a Drought Response Level 3 condition, 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: 21 1 . A valid, unexpired building permit has been issued for the project; or 22 2. The project is necessary to protect the public's health, safety, and welfare; or 23 3. The applicant provides substantial evidence of an enforceable commitment that water 24 demands for the project will be offset prior to the provision of a new water meter(s). 25 This provision shall not be construed to preclude the 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 2Q year or less. 27 (d) Upon the declaration of a Drought Response Level 3 condition, the Board of Directors of CMWD will suspend consideration of annexations to its service area. 28 1 (e) The Board of Directors of CMWD may establish a water allocation for property served by 2 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 Board 3 of Directors of CMWD establishes a water allocation notice of the allocation shall be provided by including it in the regular billing statement for the fee or charge or by any other mailing to the 4 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 5 Board of Directors of 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 6 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 7 be imposed for violation of this ordinance. 8 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the 9 Secretary shall certify the adoption of this ordinance and cause it to be published at least once in a 10 newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 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 Special Meeting of the Carlsbad Municipal Water District Board of Directors on the 10th day of November 2009, and thereafter; PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District on the 1st day of December 2009 by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONACD"R. BALL, General Counsel ATTEST: ' Secretary (SEAL)